ORDINANCE NO. 404

AN ORDINANCE OF THE TOWN OF SOUTH PRAIRIE, PIERCE COUNTY, WASHINGTON AUTHORIZING A CONDITIONAL USE PERMIT AND A VARIANCE TO JAMES GUSE A DRIVE-IN ESPRESSO STAND AT LOT 2.30, LOVEY'S JAVA STOP, ON THE SOUTH SIDE OF SR-162, WEST OF EMERY AVENUE, SUBJECT TO CONDITIONS.

Whereas, James Guse, owner of Parcel #06-19-18-2-030, applied to locate a drive-in espresso stand on Lot 2.30, located on the south side of Pioneer Way (SR-162), approximately 210 feet west of Emery Avenue, and

Whereas, the applicant was required to, and did, apply for a Conditional Use Permit and a Variance Permit, and

Whereas, a Conditional Use Permit is required under Section 17.04.040.D.7 of the South Prairie Code in that it is a drive-in establishment, and

Whereas, a Variance Permit is required to locate a drive-in espresso stand on a 60 by 65 foot lot, 3,920 square feet, pursuant to Section 17.04.040.E wherein the minimum land area for commercial development is 5,000 feet, and

Whereas, the Conditional Use Permit and the Variance Permit required a public hearing and a public hearing was held on December 21, 2000, and

Whereas, the applicant simultaneously submitted a Temporary Use Permit because the applicant proposed to place a trailer on the site instead of constructing a permanent building or structure, which would require a Temporary Use Permit provided under Section 17.08.200.A.7 and Section 17.08.200.B. However, the Temporary Use Permit was withdrawn based on the applicant agreeing to change the structure to a permanent structure, and

Whereas, the proposed site is zoned commercial and the location of a drive-in espresso stand is allowed under a Conditional Use Permit, and

Whereas, the applicant is required to provide one off street parking space and the plan as submitted does provide for one off street parking space, and

Whereas, the applicant is required to pave the lot with asphalt or equivalent material, with the exception of landscape areas, and

Whereas, the applicant is required to produce sign design and location in compliance with Section 17.06.050.B or Section 17.08.200.A.9, and

Whereas, the applicant is required to produce a landscaping plan and landscape according to the plan in accordance with Section 17.07.060.C.2, and

Whereas, the applicant is required to show a plat plan on how to accommodate the storage of garbage in accordance with Section 17.07.040.M, which shall be the only outside storage, and

Whereas, the driveway width may not exceed 30 feet pursuant to Section 17.08.020.D.5, and

Whereas, the on site traffic circulation is to be adequate in size to allow a full size passenger automobile to drive to the window, turn on the property and exit, and

Whereas, the applicant is to provide water, wastewater and stormwater services in accordance with the specifications of the Town Engineer, and

Whereas, the applicant duly filed a SEPA checklist and the SEPA official has issued a Determination of Nonsignificance dated December 1, 2000, and

Whereas, the issuance of a Conditional Use Permit and the Variance are in compliance with the Comprehensive Plan.

Now, therefore, the Town Council of the Town of South Prairie, Pierce County, Washington do ordain as follows:

Section 1:_, The Conditional Use Permit for James Guse for a proposed drive-in espresso stand at Lot 2.30, located on the south side of Pioneer Way (SR-162), approximately 200 feet west of Emery Avenue, is approved subject to the conditions set forth herein.

Section 2: That the application of James Guse for a Variance for a drive-in espresso stand on a 60 by 65 foot lot, 3,920 feet is hereby approved subject to the conditions set forth herein.

Section 3: That the above permits are subject to those set forth in the findings of fact above and the following:

(a) The applicant shall pave and landscape, as set forth above.

(b) The applicant shall install a holding tank which is capable of being

connected to the Town's sewer system when capacity is available.

skirt.

Section 4: If any provision of this ordinance is determined to be invalid or unenforceable for any reason, the remaining provisions shall remain in force and affect.

Section 5: This ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication as required by law.

Mayor Layne Ross

INTRODUCED: 1-4-2001

PASSED: 1-4-2001

APPROVED: 1-4-2001

PUBLISHED:_ 1-17-2001
Attested:

Marla Nevill

Town Clerk

Approved as to Form:

Michael J. Reynolds Town Attorney