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HomeMy WebLinkAbout01-10-2014 HEARING EXAMINER HEARINGS HEARING EXAMINER January 10, 2014 3:15 p.m. City Council Chambers 25 West Main Street I. Case No: Police Incident Report 13-13468 Applicant: Joyce Bruns Request: Appeal of Potentially Dangerous Dog Designation II. Case No: MIS13-0160 Teresa’s Hair Shop Applicant: Teresa Lockhart Request: Special Home Occupation Permit for a hair salon business to be conducted within one dwelling unit with an existing duplex. Project Location: 2824 L Street SE, Parcle No. 144610-0160 RECEIVED 12/18/2013 16:11 2538043116 CLERKS DEC/1B/2013/WED 03:06 PM Auburn Police Dept FAR No. 2539315108 P. 001/D04 Auburn Police Department Police Report far Incidcnt 13-13468 Nataie: ANIIrtAL PR09LBM Addrm: 31807 56TH AVB S Locatlon: 1-SOS Aubum'WA 98001 Crlme: Animal az I.argo,lat Offanse Beedvad By: O Wmaer How Recaived:.T Tdophone AEOUOY: APD Bapondiog Omcare: O Wimer Re omible0ffieer: JNoxdmger bLqpo tlop: INACl1VE Ill1M13 Whm Repoetod: II;00:0p 11/13/13 Occa[rad Balwaen: 15:55:0011/13/13 end 16:05:0011/13/13 Mdgpod'ib: Detsll: bate A ed: ••p•p• sama: sm nsu: •r•r m,en.ce: ••r,r• Crlmes ob awea: nn;mnt ae Imge,ta Offenee Addltlanal O euae: Animal at k.srgq lrt Offiase lurCUlml CCS LTN42 Open Area privaW Laat 1Gdlo Lo$: rr;ww.wr.Mpr r r Clearaoa: NNotAppliesbto Judidal Smma: Mtte Fa try: SV/SV Modm Operrmtl: D to iptlon: Mdhod: Ynvolvemente ate 1'Pe D uription 1ZoladonsLip . 1L14/13 Name BRUNS,707CCE 6 OWNER 11/1M13 Name DIBENEpETTO,ANI IONft'IAC7LS Rp 11/]M13 Nama DIBENEbE7'1'O,R(LEYB, pTAER I ECEIVED 12/18/2013 16:11 2538043116 CLERKS DEC/16/2013/WED 03;06 PM Auburn Police Dept FA% No. 2539315106 P, 002/004 Pbllee Report for Incldent 13-13468 Pag 2 N 4 NsrrAtive a w sx qysos iosA trv Thu laov ia iarsa:s asx aoia A neigLbcr a doga threateniag a reeideat wea reporced.i Oa 11-1a-13 I errived at 31615 56th Ave B Eor a comylaint o! the neighbor s 8oge baiag aggreeeive the grevious eveaing. IIpon my aaival aC 3054 Brs S maGe coutnat wit8 [he aH, RntLony DiHenedetto. .AnChoay hn8 prevloualy reporeed m ieeue wich hie neighbor a tvo doga, from 31B07 56tII Ave B, on 09-29-13 (Caee pi3-11a68). Aathony'a coqylaint egnia nqyllefl to tha t.ro doge trom thie address. On that prevlous vleit. I ha8 made eoaeaet with the ovmez/keeyex ot the floga, soyce 8rune. Oa toQey'e date Anthony ymvided me vith a aignad erritten statament regerfling laet raight'e iaeident mich the dogs. nathoay aaifl tlfat 6oth daga ran mror, baYkiag and growliag ac he and Biley DiBenedetto, hie eight (8) yenr o1fl Baughter. Anthaay Baid he had to flrnv hie lirensm at the 8ogn, put he diA not ehoot heceuse he Bid aoe vant hie daugR.ier to witaesa the doga Leing chot. Anthony eaiB lfe and the neighLOr LaB aa azgumeac over the ineiBent. Antl y eaid he haG eold Bruas tLnt he Would ahoot rhe 0ogs ii they eame altar him or 61a daughter. again. Antlwny eaid tast Bruns thm threatnned to kill him if Ae ehot her doge, AntLony eaiQ he ha1 Leared tor.hia oan aaEaty ae well as his Eaughter s. AntEoay aleo aBGed that hie daughter Lafl to18 him, iataz, cha ahe hsd felt the doge vere going to attnck nnd kill th.m, Z thua proceeded aext door to 8s me trailer on the pxuperty o! 31807 .56th Ave 8. 8tuxis vehiele, 01 LIC:AJN9759, wae patked just mett o! the [railer 8ruae reeidee .ia. Both doge wcxn Learfl Sneida tha -.treiler, the 8oxer, "Atheae", nnd Lhe Iab mix, °Oriffia". Nelther Qog 16 aurrmily licaaeed or raLiea vaceinateG ger iaformation frvm net Aeeeee. Neither dog waa liaenaeB or vaeeiaated oa my pravioua viait, when Bxunn xaa givea a warniag. I oas eble ta see AtLenn e head CLrough a custaia partielly otiacurlag a low Lying windov oa the nor[h oicle ot tLe trniler, uet .aat oE the eatxy floor. runa, Hreeuawbly 1aeiGe the .trniler, aa anci onp said he haG eaea her eater che crailex yust belore my ezrival, vou1Q not aaswer the door. I aelled Che phone aumber li te9 ia ia-houaa racarda .ad.heard.a phone riaging iaside fM^ trnlleY, ao rell, I then laoueB tan SaErnetiw e Por Bsvan, basefl oa:anthony a mtatemeat, The inPraetioAe eoneiotea o!line oPleneee £er eneh dog; I MC 6.02.010(A) ,I (Dog A[-Laxge, .lec), nesC fi.07.0 0.1 (DOg OEi Leash, 18U. AMC 6.01.080 .(DOg Threetmiag Person, lst), ANC 6,oa,010 (peiluze to Licease), eaQ AMC 6.0.015 Bailura io gst Rabiea Vaeeiae) for both Athena md GriYiia, O! aote, arunn elnimed that athma belemged to a irimd on my yrevicua vieit, and ehe ras aiv ly •flog-aitting^. nnthony eaid IIe has eeen a bleck pick uy truak pu11 ia to the lot oa n couple oY oceaaloma, but the dog ie ueually at the trailer che ma ority oi the time, lzom hie exgerienee-. T CBR71PY DND D,TY OB D8R,7QRY UN 8R TFffi I,AWS OF Tf BTAT& oB 68 THAR' W+L STATBdIBNTB MADB EtER82A AR8 TRI7E AMD ACCO ATB A!ID 17 IT I AM BNTSRING DIY AU7'80RI2 STB t ID nIiD F1499W0&D TD ADT}TGDR'ICAT8 ST. 8lgnnture:aeorge D minaas #:9505 DaLe eaQ Plaae ll-19-13 City/Tpwa p! Aubyay, Cpuaty ot %1IIg RECEIUED 12l18/2013 16:11 2538043116 CLERKS DEC/18/2013/WED 03:07 PM AuJwrn Polive DePt EA% No, 2539315108 P, 003/004. PbAee Repart Ibr(ncideM 13-13468 Pege 8 of 4 Supplqoaw t G SPZLIDffit 9505 105A NV 1TN NOV 21 11:09;03 D$T 2013 a sar soaps acffit/sv On 11-15-13 I arrived ac 3180 66th Ave s arouad 1157 Hra to follox uy on thie maccer with Aen OEEiaws clnpp nnd Aubura Code ID porc ent.oCPicer nrhegast. lpon aaAval I mas able to make aontact with aruae. I advised Bxuaa oE the iseue reported to me inwlving. hex dogs. Bruae seia ahe had teken eLe doge outside Sato a large graeay lio18 oa tha pmparty. mhe Lield is Lenaed on thrae eidee, the eection oP field that weuld come aloaeat to 56th ave 8 Se aot icnced. eruna.enid ahe Lad nakexs yb.e doge beck to thie area, beliening they wuld not.be an _iesue Por her neighbnr. eruas es d ly one oL her floga wae in.rolved and on the aeigLbor a praperty at 31811 56th ave B. Hxune eaid firi!!in had rea over to Lhe aeigb.bor'e, Dut zhe had.beea able to grab Athena by t,he dog a collar. Bsvns eaid c8ri!£ia had raa over Cawarda tb.e neighbor. that dey enfl he 1ud hie gun .drawa, gzvas sai9 thc 9 x aPP dud the nsighbor (DiBeneQetto), but the-dog wae in A1e ,yarG. exune dieplayed the dls[nnce Lran hereeli Co myael! ahioh vaa mughly aight - ten feec. Bxvan said thnc aritlia had battked et. DiBeaedetto, Lut vaa naver ovarly Y tapp VB tpaygrQg LSID. Sk13DS eaifl that oLa .Eeele tEe Gog naa percciven DSSeaedetto ea a Chrent, due to him yelliag at her ak out tha dcg ia the yset. Hzuae ueves meaEiomefl DSBeaefletto e daughter. Brune. said that 1t Fud cakea hes a while to caataia GrSiLin, because,iJu neighbor Lad Lig g m out, anQ ahe hnG beea rrorried aDout Posaibly beiay spot. esssne aaid ehe.nozv teels thxeetaaed by the aeighbor due to him onrrying hie gun oa 111m moet all o£ the timo. B2vne snifl that rm a day POliwing the sY-lazge ieeue tIIe aeigk hor. ha8 diegiayed a gua, end has ceveml timea held hie exm behind hie back, ae if holding amto hie gun, wk,ea ahe Ms been wtaide on her yroyazty. I advi ed Srum Ehat I would be Beelariag both Qoge Poim[ially Dangemue, end mezved eruna with the aeeociateB pepeswork. 2 advieed eswqe oL the apyeal proeeee, and Y nflvisefl her. ef the etory I had been tol8. eoCh flogp maxa .inside the trallar upoa my axrival, aa8 were kept there. Both doge have nnrkeQ nt me both timea Z heve epokan to H=une, buc T hnve nevaz danit rith the doge looee oa .the yz operty, I CBRTIPY UNDSR P TAI.TY 08 DSRJpAY DNDBR.THS LAWB OH T gTATB 08 IPASHSNGTON TAAT. NaG 3TATffi48LVT9 MADB F 88IN A88 T$ AND ACCORATS A II7 THAT I AM iTBR.ING MI AUTfiORIZ II9IDt ID 7WD PABSWORD TO AOT 77'ICATB IT, Bigneture:aeorge D Wiaaer q:9505 Date aaQ Plaee 11-21-17 city/Tewa of nuburn, County of Ring RECEIVED 12/1B/2013 16:11 2538043116 CLE78C5 DEC/18/2013/WED 03:07 PM Auburn Police Dept FAX No. 2539315108 P. 004/004 PoliceReportlbrinddent 13-f3468 . Pege4af4 Involved Persons: OTS B: 986580 LauR DIBZENED$1T FtnC $][,BY MW: $ O g 7 br Lie: Addras: 31815 56TH AVF S Bsee: W Bex: F Phona O- CMy; Aubum,WA 98001 OWNEB: 110579 r.+- 'BSDNS P9r ]OYCE, DOH: 041I]JSI Dr Ydc BRUNSJFA617S Addrn 31807 561'H AVS S a W Se: P Phou (253r735-1313 CUq: Anbian,Wp 98001 8P: 332692 Lstl: DIBEN&DE1'I' P9nt: ANTHOIV'Y MW: YA17IS O 1X1B: 03/16P1B Dr I.te: n yp,11DN Addrem: 31815 56TH AVE$ Rae W 9a: M,Phone: (253 51-8671 G7ty: Aubmm,W+A 98001 RECEIVED .12/18/2013 16:34 2538043116 CLERICS DEC/18/2013/WED 03:30 PM Auburn Police Dept FA% No. 2539315108 P. 001/002 i2/18(13 Au.burn Police Department 215 i5:a2 Polica Report Page: 1 Caae P unber: 13-11374 Reporeafl nate: 16:40:OU 09/27/13 Crime: .ANPR Animal Problem Ocouience Date: 14:44:00 09/27/13-15:59:00 09/27/13 Day: Statue: Clcarance: Addr: 31807 56TH AV 3 Area: 1-505 Reporting Diatrict 505 City: Auburn St: Wa Zip, 98001 Vifleo: Re9HOn:diag Officera: f3 Vinner Approved by: J NorBengar Receive8 Hy: G Winaer Di9HoBition: INA Diap Date: 09f27/13 Modus Operandi: Bactor Deecription Method e me em_ __veee__eme°I VOLVBD Pffi2SON3====am mvem e..e esee a.e.e Involvement: OTHER L3at: BRUN3 FirSt: sOYCB Mid: E Addreee: 31807 56TH At7r S Aptz __ _ __ _ City: n+,*++,+"+ Sbate: iP, Zip: 96001 Phoae: (253)735-1313 S9N:_ n09: 06/12/59 Age: 59. Race: W 8ex: F xt 5 04^ Wt: 140 Hair: BRO Syea: S&O FOrk Phone: (253)347-9520 Invalvement: RP Last: DIBBNEDETTO Firat: ANTHONY _, Mid: IAIIIS Addresa: 31815 56TFi AVS 3 Apt: _.__ -_City: Auburn 3tata: WA 21p: 98001 Phone: (253)651-8671 SSN:: iD08: 03/15/79 Age: 34. Race: W 3ex: M Ht: 5"11" Wt: 185 Hair SLR Syee: SRO Work Phona: ( ) - RECEIVED 12/18/2013 16:34 25380631 16 CLEPoCS DEC/18/2013/WED 03:30 PM Auburn Police Dept FA% No. 25393f5108 P, 002/002 12/18/13 Auburn Polioe Departmene 215 15:22 police Report Page: Z Case Number: 13-11374 G WINNSR 9505 1057+ iav Pri 9ep 27 15:49:44 PDT 2013 A iesides t separtefl trouble with a neighbor'e dog belag aggressive anfl at-large, oftea. 9-27-13 I, OfEicer Winaer with Auburn Animal .Coatrol, was dispatched to 31815 56th Ave 8 Eor a pravioue incidant of a neighbor a dog being in tne RP e yard and aating aggra sive. Upon my arrival at 1444 Hrs I mafle contact with Anthony ai:benedetto, the raporting party on thia inci8ent. Anthony said he had a number of iesues with his neighbor s dogs from 31807 56th Av'e S. Aathony eaid the pzcvious aight (9-26-13) both doge rom this address had chaeed hia daughter inmide the house. Anthony said he had tolfl r.he owners to come get the doge or else he woulfl have to ehoot than. aathony to1Q me he flidn t wieh to ehoot the floga, in general, aad ccrtainly dida't want to dimcharge a fireaxm in the neighHorhood. Anthony eaid that the floge were aggresaive towarde him three aights previoua. Anthony said three nighte ago (9-24-13) he had hear8 the neighbore dogs "goiag nuta" near h3e becbcoom window, the window furthest from the neighbor s kwuse. Rnthoay aaid he had peerefl outaide to aee ab,at the ebmmotion wae after grehb3ag his firearm. Anthoay said that the Boxer from tl e neighbor e hwee waa barking aggreseively, he belie+res the dog wae barkiag at his cat, but the dog then turaed towazda him. Anthony aaid ha nearly had to ahoot the dog oa that instance, but it fistally backed down. Anthony eaid most recently, today, he had eeen the zu ighbor linally walking the dog on a leash. Anthany said that he eimply waated the matter reported and tha owner warned. Anthony maid that Che female that cares !or the dogs preflominately aeems to be genuinely apologetic about incidente that 8o happea. sunthony aai,d he aimply wante the doge kept oa their own propezty aafl not worry 1or hie snd his Pamily s eatety. Anthony dida't wiah to pursue any chargee at thie time. I thea procee8ed aext door to 31807 56th Ave S and made conCact with Joyce Bruns. i explained the reaeon far my vislt to Joyce and adviaed hes to keep up with the leashes for the doge. Joyce..said ehe also had tethere fox the doge, but ahe hafl been gatting lax about using tham. Jayce said thst the boxer, AtYiena, mae a lriend e dog from sederal Way, that ahe watchefl fluring the weakdayia ahen her Eriend was workiag. Joyce eaid her dog, GrilLin, waen t preeently licensed, but eha ]mew she needed to get the dog licensed. I advised Joyae where to get the dog licensefl and gave her a written warning. I CBR,TI87f IINDBR PE 7ALTY OF PERJSRtY W7DS& THE LAWS OF TF SxATE OP' WA8HIN6TON TAAT xi i &TATIIdENT3 MADE H R8I1T A&E TRII& A1 ID ACCORi1T& RND THAT I AM ENTERII7G tlY AUTHORZZED Q&ER ID AND RA39WORD TO AUTHENTICATB TT. Signature:George D Winaer p:9505 Date aad Place: 09-27-13 City/TOVm of Auburn, County of %ing AUBURN POLICE DEPARTMENT ANIMAL CONTROL DIVISION i `'o z DANGEROUS DOG Nd y6 0, APPEAL HEARING REQUEST FORM Per ACC 6.35.020: Ifthe owner/keeper contests tfiis declaration, the owner/keeper must,within fifteen (15) days of service of the declaration, file written notice of the appeal with the city clerk Owner/Keeper of dog. Last Name: . u /;S First: MI: DOB: ? Address: 3/R 0 7 j,I qU S. c:iv_state: .zip: 9'8 0/ Home Phone: ` 3 7- '. j Work Phone: I, P request a hearing to contest my dog, Owner/I eper Signature) n/: r/dF beingdeclareda: Do s Name) Potentially Dangerous Dog Dangerous Dog This completed form must be delivered in person or by certified mail by the owner/keepec to the Auburn City Clerk to request hearing. Auburn City Clerk 25 W Main Street Auburn,WA 98001 253) 876-1997 Mon- Fri: 8:00 am to 5:00 pm 13,-13'S CASE NUMBER: '-` OFFICER:i rin w DATE ISSUED:S - - CAS&NUMBER: LJ"l{.(.g OFFICER: I(N^/L DATE ISSUED: rS AUBURN POLICE DEPARTMENT ANIMAL GDNTROL DIVISION POTENTIALLY DANGEROUS DOG / DANGEROUS DOG DECLARATION PACKET ENCLOSED: PACKET COVER SHEET(PAGB 1) CAUSE OF DECLABATION.(PAGE 2) CERTIFICATE/LICfiNSE REQUIREMENTS(PAGE 3) HEARING1tEQUEST FORM(PAGE 4) INSURANCE REQUIREMENT FORM (PAGE 5) Owner/Keeper of Dog: Last Name:,-S First: .SoN ., MI: DOB: Address: .5 A'E- .S City: L}flc,4 State: rJR Zip: I Home Phone:l2 3 !'1 - S A Work Phone: Description of Dog. Name:RIFFIr Breed(s): ,/Q J"ru.rFa..NO4A,i11 X Color(s): Markings: Sex: Cl'F Altered:Y,Q Age: Microchip/Tattoo: License year and number. _ :,p RiPD Rabies Vaccination Exp.Date: (.d Veterinarian Name: /+/, Veterinarian Phone: Whereabouts of dog if not at owner/keeper's residence: R tb.r1Z r..a Sau,-x e F PbfiC R rO C.rc: CASE NUMBER .3"I J L(o fi OFFICER: G!!/.R- DATS ISSUED: -';is/3 AUBURN POLICE DEPARTMENT ANIMAL CONTROL DIVISION POTENTIALLYDANGEROUS DOG CAUSE OF DECLARATION Under RGW 16.08,070 or ACC 6.O1.O10,your dog has been declared: A POTENTIALLY DANGERUUS DOG** 6.01.010(25)(a):A dog that when unprovoked inflicts bites on a human being or a domesGc animal or other animal protected under Federal,State,or local rules,either oqpublic or private property: 6.0.010(25)[b):A dog that when unprovoked chases or approaches a person upon a street ora public grounds in a menacing fashion or apparent attitude of attack,or a dog with a known propensity,tendency,or d9sposition to attack without provocarion,to cause severe injury, or to cause injury or otherwise threaten the safety of humans,domestic animals,or . other animals protected under federal,staEe,or local rules. 6.01.010(25)(c):A dog that is Imown or should reasonably have been knownby its owner to have aggressively bitten,attacked,or endangered the safety of humans or domesdc animals. CASE NUMBER: OFFICER: DATE ISSUED: AUBURN POLICE DEPARTMENT ANiMAL CONTROL DIVISION DANGEROUSD06 CAUSE OF DECLARATION Under RCW 16.08.070 or ACC 6.01.010,yonr dog has been declared: A DANGEROUS DOG*'" j 6.01.010(13)(a): A dog that according m the r cords of the appropriate authority has inflicted severe inJury on a human being with t provocation on public or private property. 6.0.010(13)(b): A dog that accord' g to therecords of the appropriate authority has killed or inflicted severe injury on a omestic animal without provocation while otf the owne's or keeper's property. 6.01.010(13)(c): A dog t according to the records of the appropriate authority is potentially dangerous and e dog again aggressively bites, attacks or causes concern for the safety of human bei s or domestic animals without provocation. 6.01.010(13)(d): A dog that has been permitted or allowed to run free and unrestrained off the property o rts owner. 6.01.010(13 e): A dog that has harassed,tormented or caused concern for the safety of persons o domestic animals, 6.01.010(13J(: Has,since May 7, 2004,demonstzated a propensity,tendency,or disposition to attack unprovoked,to cause injury,or otherwise to threaten the safety of humans or domestic animals. CASE NUMBER I — I OFFICER:.I,R- DATE ISSUED: 31,__ AUBURN POLICE DEPARTMENT ANIMAL GUNTROL DIVISION POTENTIALLY DANGEROUS DOG CERTIFICATE /LICENSE REQUIREMENTS . Within thirty(30) days of receipt of this declaration,you are required to obtain a special license for your Potenrially Dangerous Dog from the Auburn City Glerk The license will be issued upon compliance with the following requirements: 1. Per ACG6.35.030: Placement of a"proper enclosure:on the owne's/keeper's property to confine the dog. 2. Per ACC 6.35.035:The notice of potential}y dangerous dog form,available from the city clerk,shal] be filed. 3. PerACC 6.35.035: Thespecial license fee for a Potentially Dangerous Dog is $100.00,and the annua]renewal fee is$100.00. A Violation of ACC 6.35.035,subjects the owner/keeper to civil and/or criminal penalties. CASE NUMBER: OFFICERc DATE'ISSUED: AUBURN POLICE DEPARTMENT ANIMAL CONTROL DMSION DANGEROUSDOG CERTIFICATE./ LICENSE REQUIREMENTS Within thirty(30) days of receipt of this declaration,you are required to tain a certificate of registrarion and a special license for your Dangerous Dog from the Aub City Clerk The license wlll be issued upon compliance with the following require ents: 1. Per ACG 6.35.OZ0(fJ(1): Placement of a"proper enclosure"on owner's/keeper's property to confine the dog and posting on the premises where the dog is rbored of a cleariy visible warning symbol that informs cHildren that there is a dangerous dog o the property. 2. Per ACC 6.35.020((1): Placement of a conspicuously displ ed sign on the premises where the dog is harbored with a warning symbol that informs child n or adults who cannot read of the presence of a dangerous dog. 3. Per ACC 6.35.020Cfj(2): A surery bond issued by a sure insurer qualified under chapter 48.28 RC.W. in a sum of not less than$250,000 payment to person injured by the dog,or a policy of liability insurance issued by an insurer qualified un r tlde 48 RC.W. in an amount not less than 250,000 insuring the owner or keeper For person injuries inflicted by the dog. 4. Per ACC 6.35.020((3): A policy of liability insur ce,such as homeowner's insurance, issued by an insurer qualified under RCW TiUe in the:amount of at least 250,000,insuring the owner for any personal njuries inflicted by the dangerous dog,or such liability insurance that otherwis meets the requirements of RCW 16.08.080. 5. Per If the Dangerou Dog is taken outside the required enclosure,such dog shall be muzzled and restrained by a sub antial leash or chain and under the physical control of a person sixteen (16)years or older who ` capable of restraining such animaL 6. Per ACC 6.35.020 (:Any dog which i deciared to be a"dangerous dog"pursuant to this chapter or Chapter 16.08 RCW shall o be required to be micro chipped by a veterinarian of the owner's choice, the owne's expense.This shall be in addition to the other requirements f this chapter and in addirion to the applicable requirements for licensing as defi ed within this tiUe,and this procedure mustbe accomplished within 30 days after the owners eceipt of the dangerous dog declaration issued pursuant to this cha ter or Cha ter 16.D8 RCW. 7. Per Th speclal license fee for a Dangerous Dog Is per year,in addition to the regular licen fee. Per Following service of this declaration,the anlmal. control autlwri ma ' -ound the dog at the owner's/keeper's expense,pending appeal, until the"or a higher court orders it's redemption or destrucUon. Any dog which remaL'hs impounded for a perlod of at least ZO days due to the failure of the owner/keeper to obEain such license or certificate of registratlon,or renewal,may be destroyed in an expedit[ous&humane manner by the Animal Control Authority. A Violation of ACC 6.35 subjects the owner/keeper to clvil and/or crirainal penalries, in additlon to impoundment and possible destruction of the dog. CASE NUMBER: OFFICER: DATE ISSUED: AUBURN POLICE DEPARTMENT ANIMAL CONTROL DIVISION i DANGEROUSDOG INSURANCE REQUIREMENT FORM Owner/Keeper of dog: Last Name: Firs MI: DOB: Address: City: State: Zip: Home Phone: Work hone: Descrfption of dog: Name: Breed(s): Color(s):Markings: Sex: M/F Altered:YJN Age: Microchip/Tattoo: TO INSURANCE/BOND AGENT: Theabove described animal ha een declared a Dangerous Dog by the Auburn Po]ice Department Animal Control Divisio er ACC 6.01 and 6.35,due to: Per ACC 6.35.020(( &(3):The owner/keeper of this animal must obtain a surety bond issued by a surety insurer qualified u der chapter 48.28 RC.W. in a sum not less than$250,000 payablexo a,person injured by the dog,and a ollry of liability insurance issued hy an insurer qualified under title 48 RC.W. in an amount not less $250,000 insuring the owner or keeper for personal injuries inflicted by the dog. Additionally, written notice must be provided to the City of Auhurn Police De artment 'thin 30.da s of cancellation,reduction of limits,or termination of cover e..__ Insnraace ond Agent Name: Address: Phone: Company Name: Policy Number: Date: Insurance/Bond AgentSignature: CASE NUMBER: I J"0g OFFICER: I.:I C/'/c- DATE ISSUED: t t /i S i 3 AUBURN POLICE DEPARTMENT ANIMAL CONTROL DIVISION POTfiNTIALLY DANGEROUS DOG/ DANGEROUS DOG DECLARATION PACKET ENCLOSED: PACKET C6i RSHBET(PAGE1) CAUSE OF DECLARATION (PAGE 2) CERTIFICATE/LICENSE REQIJIREMENTS.(PAGE 3) HEARING REQUEST FORM(BAGE 4) INSURANCfi REQU[REMENT FORM [PAGE S) Owner J Keeper of Dog: LasE Name: YwW. First: aYC MI:_DOB: Address: _3P 9'o b ,gv S Ciry: / t ! State:Zip:1 Home Phone:`u3 --? 95 o Work Phone: Description of Dog: Name:i?T14f N1! Breed(s):_DS( Color(s): N1G N t'tiE Markings: Sex: M/F Altered:Y/N Age: Microchip/Tattoo: License year and number: wrr.n c- Rabies Vaccinarion Exp. Date:/w Veterinarian Name: e rr e-Veterinarian Phone: Whereabouts of dog if not at owner/keeper's residence: '-s? 3ws i..+. „R- iL,C 6 t0 ae CASE NUMBER 6 OFFI6ER: l.1M' DATE ISSUED: AUBURN POLICE DEPARTMENT ANIMAL CONTROL DIV1510N POTENTIALLY DANGEROUSDOG CAUSE OF DECLARATION Under RCW 16.08.070 or ACC 6.01.010,your dog has been declared: A POTENTIALLY DANGEROUS DOG'"* 6.01.010(25)(a):A dog that when unprovoked inflicts bites on a human being or a domestic animal or other animal protected under Federal,State,or local rules,either on public or private properry. 6.0.010(25)(b):A dog that when unprovoked chases or approaches a person upon a street or a publirgrounds in a menacing fashion or apparent attitude of attack,or a dog with a known propensity, tendency,or disposition to attack without provocation,to cause severe injury, or to cause injury or otherwise threaten the safery of humans,domestic animals,or other animals protected under federal,state,or local rules. 6.01.010(25)(c):A dog that is known or should reasonably have been known by its owner to have aggressively bitten,attacked,or endangered the safety of humans or domestic animals. CASE NUM ER: OFFICER: DATE ISSUED: AUBURN POLICEDEPARTMENT ANIMAL CONTROL DIVISIOIti DANGEROUS DOG CAUSE OF DEGLARATION Under RCW 16.08.070.or ACG6.01.010,your dog has been declared: A DANGEROUS DOG** 6.1.010(13J(a): A dog that according to the records of th appropriate authority has inflicted severe injury on a human being without provocati on public or private property. 6A.010(13)@): A dog that according to the records ofthe appropriate authority fias killed or inflicted severe injury on a domestic animal out provocation while off the owne's or.keeper's property. 6.01.010(13)(c): A dog that according to the r ords of the appropriate authority is potentially dangerous and the dog again aggress' ely bites,attacks or causes concern for the safety of human beings or domestic anima without provocation. 6.01.010(13)(d): A dog that has been ermitted or allowed to run free and unrestt ained off the property of its owner. 6.01.010(13)(e): A dog that has arassed;tormented or caused concern for the safety of persons or domestic animals. 6.01,010(13)(ff; Hasrsince May 7, 2004,demonstrated a propensity,tendency,or disposition to attack unprovoked,to cause injury,or otherwise to threaten the safety of humans or domestic animals. CASE NUMBER:I— I`3"G 8 OFFICER: L.11'^/'CJ DATE ISSUED: tt AUBURN POLICE DEPARTMENT ANIMAL CONTROL DMSION POTENTIALLY DAWGEROUS DOG CERTIFICATE/LICENSE REQUIREMENTS Within thirty(30) days of receipt of this declaratlon,you are required to obtain a special license far yonr Potenually Dangerous Dog from the Auburn Gity Glerk The license will be issued upon compliance with the following requirements: 1. Per ACC 6.35.030:Placement of a°proper enclosure: on the owne's/keepe's property to confine the dog: 2. Per ACC 6.35.035:The notice of potemially dangerous dog form,available from the city derk;shall be filed. 3. Per ACC 6.35.035:T'he special license fee for a Potentially Dangerous Dog is$100.00,and the annual renewal fee is$500.00. A Violatioa of ACC 6.35.035, subjects the owner/keeper to civil and/or criminal penalties. CASE NUMBER OFFICER: ' DATE ISSUED: AUBURN POLICE DEPARTMEN'!' ANIMAL CONTROL DMSION DAAiGEROUS DOG CERTIFICATE/LICENSE REQUIREMENTS Within thirty (30) days of receipt of this declaration,you are required to tain a certificate of . registrarion and a special license for your Dangerous Dog from the Aub rn CIty Clerk The license will be issued upon compliance with the following requir ents: 1. Per ACC b.35.020((1): Placement of a "proper enclosure"o e owner's/keepet's property to confine the dog and posting on the premiseswhere the do harbored of a clearly visible warnirig symbol that informs children that there is a dangerous d on the property. . 2. Per ACCb.35.020((1): Placement of a conspicuously splayed sign on the premises where the dog is harbored with a warning symbol that informs ildren or adults who cannot read of t e . presence of a dangerous dog: 3. Per ACC 6.35.020((Z]:A surety bond issued by urety insurer qualified under chapter 48.28 . R.C.W.in a sum of not less than$Z50,Q00 paym t to a persan injureii by the dog,or a policy of liability insurance issued by an insurer qualifi under title 48 R.C.W.in an amount not less than 250,000 insuring the owner or keeper for rsonal injuries inflicted by the dog. 4. Per ACC 6.35.020((3):A policy of liability urance,such as homeowner's insurance, issuedbyan insurer qualified under RC itle 48 in the amount of at least 250,000,insuring the owner for any p sonal injuries inflicted by the dangerous dog,or such liability insurance that o erwise meets the requirements of RCW 16.08.080. 5. Per D.M.M.C. 8.16.170 (1): If the D ngerous Dog is taken ouuide the required enclosure,such dog shall be muzzled and restrained y a substantial leash or chain and under the physical control of a person sixteen (16)years or ol er who is capable of restraining such animal. 6._ Per ACC 6.35.Q20 (g):Any do which [s declared to be a"dangerous dog"pursuant to this chapter or Chapter 16.08 shall also be required to be micro chipped by a veterinarian of the owner' choice,at the owner's expense.This shall be in. addiaon to the other re irements of this chapter and in additiori to the applicable requirements for lice ing as defined within thisriUe,and this procedure must be accomplished within 30 days after e owner's receipt of the dangerous dog declaration issued pursuant to this chapter or Chapte 6.08 RCW. 7. Per D.M.M.C. 8.1 .180 (1):The special license fee for a Dangerous Dag is$500,000 per year,in addiUon to the egular license fee. Per .M.M.C.8.16.070&8.16.130:Following service of this declaration,the animal : contrrol a ori ma Im ound the dog at the owner's/keepers eapense,pending appeal, untll the or a higher court orders[Ys redemptlon or destructlon : Any do hich remainsimpounded for a.period of at least 20 days due to the failure of the owne keeper to obtain such license orcertificate of registratlon,or renewal,may be de yed in an expeditious&humane manner by the Animal Contrrol Authorft. A Violation ofACC 6.35 sub ects the owner/keeper to c9vi1 and/or criminal penalties, . in addition to impoundment and possible destruction of rhe dog. CASE NUMBER OFFICER: DATE ISSUED: AUBURN POLICE DEPARTMENT ANIMAL CONTROL DMSION DANGEROUSDOG INSURANCE REQUIREMfiNT FORM . . Owner/Keeper of dog: Last Naaie: First I: DOB: Address: Cityi State: Zip: Home Phone: Work P ne: DescripUon of dog: Name: Breed(s): Color(s):Marldngs: Sex: M/F Altered:Y/N Age: Microchip/;Tattoo: TO INSURANCE/BOND AGENT: The.above described animal has bee eclared a Dangerous Dog by ihe Auburn Police Department Animal Control Division per C 6.O1 and 6.35,due to: Per ACC 6.35.020((2)&(3): he owner/keeper of this animal must obtain a surery bond issued by a surety insurer qualified under c apter 48.28 RC.W.in a sum not less than$250,000 payable to a person injured by the dog and a policy ltability insurance issuedbyan insurer qualifled under title 48 RC.1+V. in an amount not less than$25 ,000 insurtng the owner or keepe for personal inJuries lnflicted by the . dog. Additionally,per D. . .C. 8.16.020(5),written notice must be provided to the City of Aubum • Police:De arhnenE within 0 da s of cancellation,reduction of limits, or termination of covei a e. Ihsurance/Boad nt Name: Address: Phone: Company Name: Policy Number: Date: Insurance/Bond Agent Signature: y„,CG /o..Q/. O/v Adtium Ciry Code 25. "Potentially dangerous dog"means any dog that when unprovoked: a.Inflicts bites on a human or a domestic animal either on public or private property; b.Chases orapproaches a person upon the streets, sidewalks,or any public grounds in a menacing fashion or apparent attitude of attack, or any dog with a known propensiry, tendency, or disposition to attack unprovoked, or to cause injury or otherwise to threaten the safety of humans or domestic animals;or c.Is known or should reasonably have been known by iu owner to have agg+essively bitten; attaoked, or endangered the safety of humans or domestic animals. d.Potentially dangerous dog" also means any dog.that is known by the owner or should reasonably be known by the owner to be an Akita, American Pit Bull Temer, American Staffordshire Terrier, Bull Terrier, Cane Corso, Dogo Argentino, Dogue de Bordesux, Kuvasz, Pit Bull Terrier, Presa Canario, Staffordshire Bull Temer or Tosa Inu, or any breed of dog, or any mix of dog breeds which contains as an element of its breeding the breed of Akita,American Pit Bull Terrier, American Staffordshire Terrier, Bull Terrier, Cane Corso,Dogo Argentino, Dogue de Bordeaux, Kuvasz, Pit Bull Terrier, Presa Canario, Staffordshire Bull Terrier or Tosa Inu, as to be identifiably of or partiallyof such breed(s), or dogs that have an appearance and physical characteristics that are substantially similar to dogs referred to above. Printed on'77/27/2073 Page 1 Auliiim City Code C6apter 6.35 DANGEROUSDOGS Sections: 635.010 Repealed. 6.35.020 Dangerous dogs—Notice to owners—Right of appeal—Certificate of registration required— Surety bond—Liability inswance—Restrictions. 635.030 Dangerous dogs and potentially dangerous dogs—Requirements for restraint. 635.035 Registration of potentially dangerous dogs.. 6.35.040 Dangerous dogs—Confiscation—Conditions—Duties of animal control authority—Penalties. 635.010 Dangerous dogs and related definitions. Repealed by Ord. 6424. (Ord. 6244 § 1,2009; Ord. 5996 § 1, 2006;Ord. 5829 § l,2004.) 6.35.020 Daugerous dogs — Notice to owners — Right of appeal — Certificate of re stration required—Surety bond-Liability insnrance—Restrictions. A. In addition to the enforcement authoriry with which the animal control authoriry has been vested pursuant to state law,the animal control authority shall be suthorized to enforce the provisions of this chapter; provided, that in connection with the enforcement of the provisions of this chapter to seek to declare a dog within the city to be dangerous,the animal control authority shall employ the notification and appeal procedures as defined in this section, including serving notice upon the dog owner in person orby regular and certified mail,retum receipt requested. B. The notice must state: the basis for the proposed action; the reasons the authority considers the. animal dangerous; a statement that the dog is subject to registration and controls required by this chapter, including a recitation of the controls in subsections F and G of this section; and an explanation of the owner's rights and of the proper procedure for appealing a decision finding the dog dangerous. C. Prior to the authoriry issuing its final determinapon, the suthority shall notify the owner in writing that he or she is entitled to an opportunity to meet with the authority, at which meeting the owner may give,orally or in writing,any reasons or information as to why the dog should noY. be declazed dangerous, including the owner's compliance with the AKC's CGC program, or comparable course or program provisions as provided herein, if applicable. The owner may aiso request a reasonable delay before the final determination is made if the owner has already enrolled in the AKC's CGC program, or comparable course or program, if applicable. The notice shall state the datc, time, and location of the meeting, which must occur prior to expiration of 10 calendaz days following delivery of the notice. TGe owner may propose an alternative meeting date and time, but such meeting must occur within the 10-day time period set forth in this section. After such meering, the authority must issue its final detertnination, in the form of a written order,within 10 calendar days. In the event the authority declares a dog to be dangerous, the order shall include a recital of the suthority for the action, a brief, concise statement of the facu that support the detertnination, and the signature of the person who made the determination. The order shall be sent by regular and certified mail, return receipt requested, or delivered in person to the owner at the owner's last address known to the suthoriry. D. The owner may appeal the authority's final determination that the dog is dangerous to the city's Printed on 1121/2073 Page 1 Aubutn Ciry Code hearing examiner,which appeal shall be in accordance with the provisions herein and pursuant to the procedures of the city code. Any such appeal by the owner shall be perfected by filing a written notice of such appeal with the city clerk within I S days of the date the owner received the final determination if the order was delivered in person, or within 20 days of the date the order was mailed to the owner, by filing a written notice of appeal with the city clerk. Wt ile the appeal is pending, the suthoriry may order that the dog be confined or controlled in compliance with ACC 635.030 and/or RCW 16.08.090. [f the dog is determined to be dangerous,the owner must pay all costs of confinement and control. E. It is unlawful for an owner to have a dangerous dog in the city without a certificate of registration issued pursuant to this section. This section and ACC 635.030 and 635.040 shall not apply to police dogs as defined in ACC 6.02.135 and/or RCW 4.24.410. F.The animal contrbl suthority shall issue a certificate of regisVation to the owner of a dog deemed to be a dangerous dog if the owner presents to the animal control unit sufficient evidence of: I.A proper enclosure to confine a dangerous dog, as such enclosure is defiaed and described in ACC 6.01 A 10(A)(27), and the posting of the premises with a clearly visible waming sign that there is a dangerous dog on the property. [n addition, the owner shall conspicuously display a sign with a waming symbol that informs children of the presence of a dangerous dog; 2.A surery bond issued by a surety insurer qualified under Chapter 48.28 RCW in a form acceptable to the animal control authority in the sum of at least$250,000, payable to any person injured by the dangerous dog, or such surery bond that otherwise meeu the requirements of RC W 16.08.080; or 3.A policy of liabiliry insurance, suqh as homeowner's insurance, issued by an insurer qualified under RCW Title 48 in the amount of at least$250,000, insuring the owner for any personal injuries inflicted by the dangerous dog, or such liabiliry insurance that otherwise meets the requirements of RCW 16.08.080. G. Any dog which is declarcd to be a "dangerous.dog" pursuant to this chapter or Chapter 16.08 RCW shall also be required to be microchipped 6y a veterinarian ofthe owner's choice, at the owner's expense. This shall be in addition so the other requirements of this chapter and in addition to the applicable requirements for licensing as defined within this title, and this procedure must be accomplished within 30 days after the owner's receipt of the dangerous dog declaration issued pursuant to this chapter or Chapter 16.08 RCW. H. In addition to regular dog licensing fees, the owner of a dangerous dog shall pay to the city a dangerous dog registration fee in the amodnt of $500.00 per year for the dangerous dog registration, and shall comply with the city's dangerous dog registration procedures, including providing the ciry with a photograph of the dangerous dog, each year. Such photograph(s) shall show the dog's coloring and body shape. (Ord. 6424 § 4, 2012; Ord. 6244 § 2, 2009; Ord. 5996 § 1,2006;Ord. 5829 § l, 2004J 6.35.030 Dangerous dogs and potentially dangerous dogs—Requirements for restraint A. It is unlawful for an owner of a dangerous dog to permit the dog to be outside the proper enclosure, as defined and described in ACC 6A1.010(A)(27), unless the dog is muzzled and restrained by a substantial chain or leash and under physical restraint of a responsible person. The muzzle shall be made in a manner that will not cause injury to the dog or interfere with its vision or respiration but shall prevent it from biting any person or animal. Printed on 1 7 121/201 3 Page 2 Aubum City Code B. lt is unlawful for an owner of a potenrially dangerous dog to permit the dog to be allowed or permitted to run free and unrestrained or off leash or not otherwise under physical restraint of a responsible person, unless within a fenced yazd or similar restraint reasonably designed to prevent the dog from running free and unrestrained. It is provided, however,that the top of such fence shall be six feet in height as measured from the ground level,unless there is a secured top— full enclosure—to the fenced-in area; and it is further provided,that such fence or enclosure area shall comply with all applicable city codes. C. It is unlawful for an owner ofa dangerous dog or a potendally dangerous dog to permit the dog to be walked outside the proper enclosure by anyone under the age of 16 years. D. 1'he owners of dangerous dogs and potentially dangerous dogs are responsible for taking all reasonable measures to assure that the dogs do not escape the above restraints, the failure of which rosponsibiliry shall constitute a violation of this chapter, punishable pwsuant to ACC 6.35.040. The failure of the owner of a dangerous dog to comply with the requiremenu for dangerous dog registration shall also constitute a violation of this chapter, punishable pursuant to ACC 635.040. (Ord. 6424 § 4, 2012; Ord. 6304 § 1, 2010; Ord. 6244 § 3, 2009; Ord. 5996 § l, 2006; Ord. 5829 § 1,2004.) 635.035 Registration of potentially dangeroas dogs: In addition to the dog licensing requirements as set forth in Chapter 6.04 ACC, the owners of potentially dangerous dogs, as defined herein, shall file with the city clerk a notice of potentially dangerous dog according to the form available from the city clerk. There shall be no fee charged for such potentially dangerous dog registration, other than as follows: the owner of a potentially dangerous dog that was previously found to be a potentially dangerous dog because: (A) while unprovoked, it attacked, bit, endangered or injured a human or a domestic animal; or(B) it has chased or approached a person upon a street, sidewalk, or public gounds in a menacing fashion, shall pay to the city a fee in the amount of 100.00 per year for the registration of the potenUally dangerous dog. Failure to comply with this provision shall constitute a violation of this chapter, punishable as a misdemeanor in accordance with ACC 9.02.040. (Ord. 6424 § 4,2012; Ord. 6244 § 4,2009; Ord. 5996 § 1,2006.) 6.35.040 Dangeroas dogs—Confiscation— Conditions—Duties of animal control authority— Penalties. Any dangerous dog shall be subject io immediate confiscation by the animal control authority if: (A)the dog is not validty registered under ACC 635.020 or, if brought into the city after having been declared dangerous in any other jurisdiction, has not been validly registered within 10 days of iu first amval within the city; (B)the owner does not secure the IiabiliTy insurance coverage required under said ACC 6.35:020; (C) the dog is not maintained in the proper enclosure as defined and described in ACC 6,01.010(A)(27); or (D) the dog is outside of the dwelling of the owner, or outside of the proper enclosure and not under physical restraint of a responsible person. The owner must pay the costs of continement and control. The animal control authority must serve notice upon the dog owner in person or by regular and certified mail, return receipt requested, specifying the reason forthe confiscation of the dangerous dog that the owner is responsible for payment of the costs of confinement and control, and that the dog will be destroyed in an expeditious and humane manner if the deficiencies for which the dog was confiscated aze not corrected within 20 days. The animal control suthority shall destroy the confiscated dangerous dog in an expeditious and humane manner if any deficiencies required by this Printed on 11/21/2073 Page 3 Aubum City Code section are not corrected within 20 days of notification.. In addition, other ffian where violations are prosecuted as a felony pursuant to RCW 16.08.100,any owner who violates the provisions ofthis ctiaEiter shall be guilty of a gross misdemeanor punishable in accordance wit6 ACC 9.02.030. (Ord. 6424 § 4, 2012; Ord. 6244 § 5, 2009;Ord.5996 § 1, 2006;Ord. 5829 § 1,2004.) Pnnted on 11212013 Page 4 CITY OF ..1/. / * La- Peter B. Lewis, Mqyor l' WASHINGTON z5 West Main Sheet * Aubum WA 98001-4998 * www.aubumwa.gov * 253-931-3000 CERTIFICATE OF MAILING NOTICE OF APPEAL HEARING POTENTIALLY DANGEROUS DOG STATE OF WASHINGTON ) COUNTY OF`KING& PIERCE)SS CITY OF AUBURN being duly swom, states as follows: 1. I am the of the City of Aubum, Washington. 2. On the day of December, 2013, I mailed copies of the notice, a true and correet copy which is attached and designated Exhibit "A", to the person whose name and addresse appears on the notice. 3. The notice was mailed to the person and address listed on Exhibit "A" by certified mail and by first class postage prepaid on the date above indicated. Dated this day of December,:2013. the CitY of Aubum AUBURN * MORE THAN,YOU IMAGINED perrY oF .* c.x.,l 4- Ll: Peter B. Lewis,.Mayor d" 1 WASHINGTON 25 West Main Sheet * Aubum WA 98001-4998 * www.aubumwa.gov * 253-931-3000 December 20, 2013 DELIVERED BY CERTIFIED AND FIRST GLASS US MAIL Appellant: Joyce Bruns 31807 56'Ave S Aubum WA 98001 CI'fY OF AUBURN NOTICE OF APPEAL HEARING Notice is hereby given that the City of Aubum Hearing Examiner will conduct a fiearing on the appeal by Joyce E, Bruns on the City.of Aubum's designation of the dogs known as "Griffin" and "Athena" as potentially dangerous dogs. The dog known as "Gr n" is descirbed as a nine year o d male LabradodNewfoundland Mix. The dog known as "Athena" is an 8 year old Boxer. The hearing will be held Friday, January 10, 2014 at 2:00 PM in the Council Cham6ers of Aubum City Hall located at 25 West Main Street, Aubum, WA, DATED AND MAILED THIS 20th DAY OF DECEMBER 2013. CITY OF AUBURN Danielle Daskam, City Clerk AUBURN * N10RE THAN YOU IMAGINED Number of Pages 12 AGENDA BILL APPROVAL FORM Exhibit 1 Agenda Subject: Special Home Occupation Permit for Teresa’s Hair Shop – File No. MIS13-0008 Date: December 30, 2013 Department: Planning and Development Attachments: See Exhibit List at end Budget Impact: N/A Administrative Recommendation: Hearing Examiner to approve the Special Home Occupation Permit for Teresa’s Hair Shop based on the Findings of Fact, Conclusions, and Conditions. General Information: OWNER/APPLICANT: Teresa Lockhart, Property Owner, 15316 46th ST CT E, Sumner, WA 98390 PROJECT DESCRIPTION: The Special Home Occupation (Land Use) Permit is for a hair salon business within a dwelling unit of a duplex. The business will employ one resident- owner who will provide hair care services by appointment only, Tuesday through Saturday, between the hours of 9:00am and 6:30pm. The business will occupy approximately 150 sq. ft. of the home’s floor area. PROPOSED LOCATION: The proposal is located at 2824 L ST SE, Auburn, WA 98002, within the NE ¼ of Section 30-21-05. PARCEL NUMBER: 144610-0160 COMPREHENSIVE PLAN DESIGNATION: Moderate Density Residential ZONING: R10, Residential, Ten Dwelling Units per Acre SEPA STATUS: The Project is exempt from the State Environmental Policy Act (SEPA) per Washington Administrative Code (WAC) 197-11-800(13)(a). Reviewed by Council & Committees: Reviewed by Departments & Divisions: Arts Commission COUNCIL COMMITTEES: Building M&O Airport Finance Cemetery Mayor Hearing Examiner Municipal Serv. Finance Parks Human Services Planning & CD Fire Planning Park Board Public Works Legal Police Planning Comm. Other Public Works Human Resources Information Services Action: Committee Approval: Yes No Council Approval: Yes No Call for Public Hearing ___/___/____ Referred to _________________________________ Until ____/___/____ Tabled ______________________________________ Until ___/___/____ Councilmember: Staff: Dixon Meeting Date: January 10, 2014 Item Number: Agenda Subject: Special Home Occupation Permit, Teresa’s Hair Shop File No. MIS13-0008 Date: December 30, 2013 Page 2 of 12 SPECIAL HOME OCCUPATION PERMIT Teresa’s Hair Shop MIS13-0008 I. GENERAL INFORMATION: Application Date: October 14, 2013 Applicant/ Property Owner: Teresa Lockhart, Applicant and Property Owner, 15316 46th ST CT E, Sumner, WA 98390 Project Description: The Special Home Occupation (Land use) Permit is for a hair salon business within a dwelling unit of a duplex. The business will employ one resident-owner who will provide hair care services by appointment only, Tuesday through Saturday, between the hours of 9:00am and 6:30pm. The business will occupy approximately 150 sq. ft. of the home’s floor area. Proposed Location: The proposal is located at 2824 L ST SE, Auburn, WA 98002, within the NE ¼ of Section 30-21-05. Parcel Number: 144610-0160 Subject Property and Adjacent Property Comprehensive Plan Designation, Zoning Classification and Land Use: Comprehensive Plan designation Zoning classification Current Land Use Project Site Moderate Density Residential R10, Residential, Ten Dwelling Units per Acre Duplex residence North Moderate Density Residential R10, Residential, Ten Dwelling Units per Acre Duplex residence South Single-Family Residential R7, Residential, Seven Dwelling Units per Acre Single-family residences West Moderate Density Residential R10, Residential, Ten Dwelling Units per Acre Duplex residence East Moderate Density Residential R10, Residential, Ten Dwelling Units per Acre Single-family residence with duplex residence beyond Agenda Subject: Special Home Occupation Permit, Teresa’s Hair Shop File No. MIS13-0008 Date: December 30, 2013 Page 3 of 12 Agenda Subject: Special Home Occupation Permit, Teresa’s Hair Shop File No. MIS13-0008 Date: December 30, 2013 Page 4 of 12 II. SEPA STATUS: The Project is exempt from the State Environmental Policy Act (SEPA) per Washington Administrative Code (WAC) 197-11-800(13)(a). III. FINDINGS OF FACT: 1. Teresa Lockhart (Applicant and Property Owner) submitted an application for a Special Home Occupation Permit on October 14, 2013 for a hair salon business to be operated within an existing approximately 1,050 sq. ft. dwelling unit within a duplex. The Applicant is represented by Cayden Terpening. 2. The single-story dwelling unit has an attached 1-car garage; one for each dwelling unit, one paved off-street parking space for each unit, and is located on an approximately 0.18-acre (7,816 square foot) parcel (“Site”) per King County Department of Assessments website records and the City’s GIS aerial imagery. 3. The Comprehensive Plan designation of the approximately 0.18-acre parcel is “Moderate Density Residential”. This designation is implemented by the zoning classification of the site as “R10, Residential, Ten Dwelling Units per Acre”. 4. The intent of the “R10, Residential, Ten Dwelling Units Per Acre” zone is as follows: “18.07.010 Intent The R-10 residential zones are intended to permit some increase in population density in those areas to which this classification applies by permitting single- family dwellings and duplexes on a minimum size lot while at the same time, by means of the standards and requirements set forth in this chapter, maintaining a desirable family living environment by establishing minimum lot areas, yards and open spaces. A related consideration is to provide a transition between single- family areas and other intensive designations or activities which reduce the suitability for single-family uses.” 5. According to statements in the application materials provided, the Applicant has previously worked at a salon in Auburn. 6. While the completed supplemental form for home occupations that was submitted indicates there will be one employee, the written statement as well as, the Applicant has clarified that the home occupation will employ only one resident-owner who will offer hair care services such as cutting and coloring by appointment only. There will be no employees that do not reside at the premises. 7. Based the Applicant’s statement, up to 8-10 clients are anticipated per day. The number of clients will vary depending on the type of hair care service provided during the appointment. 8. The home occupation will occupy approximately 150 sq. ft. of the home’s main living room/dining room area, where a sink is proposed to be added. The installation of the Agenda Subject: Special Home Occupation Permit, Teresa’s Hair Shop File No. MIS13-0008 Date: December 30, 2013 Page 5 of 12 sink will require a plumbing permit issued by the city and the construction to be inspected by the city. 9. One, 18-inch by 24-inch sign (3 sq. ft.) is proposed by the Applicant. 10. While the completed application form submitted to the city indicates the home occupation’s hours of operation are proposed to be five days a week (Tuesday through Saturday) 9:00am to 5:00pm, the City assesses a traffic impact fee when any land use results in additional trips generated between the PM peak hour of 4:00pm and 6:00pm, per requirements contained in ACC 19.04.040. As a result, the Applicant has revised the hours of operation from 9:00 am to 6:30 in an e-mail dated December 5, 2013 to avoid generating trip in the PM peak hour (typically M-F, 4:00-6:00pm) and imposition of the traffic impact fee by the City. 11. Staff conducted a site visit on December 4, 2013 to verify existing site conditions. 12. City code provides the following definition related to the proposed business type: “18.04.710 Personal service shop. "Personal service shop" means premises devoted to hair styling, cutting or permanents, manicurists, custom tailoring, and similar related uses. (Ord. 6245 § 3, 2009; Ord. 4229 § 2, 1987.) 13. The purpose of the city’s home occupation regulations is as follows: “18.60.010 Purpose The purpose of a home occupation is to allow certain activities to be undertaken for gain or profit within a dwelling or a building accessory to a dwelling in any zone in which dwellings are present. The home occupation shall be conducted by a resident of the dwelling unit and is to be conducted in such a manner that the residence shall not differ from its residential character either by the use of colors, materials, construction, lighting, signs or the emissions of sounds, noises, vibrations or odors, or result in traffic impacts that are inconsistent with the character of the area in which the home occupation is located.” 14. In accordance with the home occupation regulations (ACC 18.60.040(A)), certain types of businesses including “personal service shop” home occupations require a Special Home Occupation Permit to be granted by the Hearing Examiner and the home occupation must meet at least 11 out of the 13 criteria ACC 18.60.020(A) through (M), as follows: “18.60.040 Special home occupation permit. A. Special home occupation permits are required and must be granted by the hearing examiner for the following uses, even if the use meets all of the requirements of ACC 18.60.020(A) through (M), but in no case shall any home occupation meet less than 11 of the 13 requirements: Agenda Subject: Special Home Occupation Permit, Teresa’s Hair Shop File No. MIS13-0008 Date: December 30, 2013 Page 6 of 12 1. Building and construction contractor services, to include landscaping services (unless the home occupation is solely used for office purposes); 2. Personal service shops; 3. Music and dancing studios; 4. Craft classes; 5. Animal grooming; 6. Home occupations that can only meet 11 or 12 of the 13 requirements as outlined in ACC 18.60.020(A) through (M). B. In considering applications for special home occupation permits, the hearing examiner shall consider the nature and conditions of all adjacent uses and structures. No such special home occupation permit shall be authorized by the hearing examiner unless the hearing examiner finds that: 1. The authorizing of such special home occupation permit will not be materially detrimental to the public welfare or injurious to the property in the zone or vicinity in which the property is located; and 2. The authorization of such special home occupation permit will be consistent with the spirit and purpose of this title. C. In authorizing a special home occupation permit, the hearing examiner may impose such requirements and conditions with respect to location, installation, construction, maintenance and operation and extent of open spaces in addition to those expressly set forth in this title, as may be deemed necessary for the protection of other properties in the zone or vicinity and the public interest. D. A public hearing shall be conducted on all applications for a special home occupation permit. The hearing shall be held in the same manner as provided in ACC 18.70.040. (Ord. 6141 § 1, 2007; Ord. 4304 § 1(44), 1988; Ord. 4229 § 2, 1987.)” (Emphasis added) 15. In accordance with the home occupation regulations (ACC 18.60.020) the home occupation must meet at least 11 out of the 13 criteria ACC 18.60.020(A) through (M), as follows: “18.60.020 Requirements A. Only members of the immediate family residing on the premises and no more than one non-resident may be employed at any one time; provided, that home occupations with a nonresident employee shall provide off-street parking for the employee on site. B. No mechanical equipment is used except such as is commonly or customarily used for domestic, household or personal purposes for a dwelling unit (or as deemed similar in terms of power, quantity, noise, emissions and type). C. Not more than one-fourth of the floor area of any building is devoted to such occupation, except for bed and breakfasts. D. That such occupation shall not require internal or external alteration or involve construction features not customarily found in a dwelling. Agenda Subject: Special Home Occupation Permit, Teresa’s Hair Shop File No. MIS13-0008 Date: December 30, 2013 Page 7 of 12 E. The home occupation shall not involve the use of personal commercial vehicles as defined in ACC 18.04.245 for the distribution of materials to or from the premises. Deliveries or pickups by commercial delivery services shall not apply toward this limitation provided such pickup or delivery does not exceed twice per day. F. The conduct of any home occupation, including but not limited to the storage of goods and equipment, shall not reduce or render unusable areas provided for the required off-street parking. Additional parking is not allowed in order to conduct a home occupation, except what may be required through the issuance of a special home occupation permit pursuant to ACC 18.60.040. G. Only one sign is permitted, not to exceed 18 inches by 24 inches in area, non- illuminated, and attached to a building, except that home occupations in commercial or industrial zones may have signs consistent with the applicable zoning district. H. No display pertaining to the occupation, other than the one permitted sign, is visible from the street or adjacent residences. I. No more animals are maintained on the premises than what may otherwise be permitted in the zone. J. Except for bed and breakfasts, employee and customer visits shall be limited to the following hours of operation: 1. Employees from 8:00 a.m. to 6:00 p.m. Monday through Friday and from 9:00 a.m. to 6:00 p.m. on Saturdays; 2. Customers from 9:00 a.m. to 6:00 p.m. Monday through Saturday; 3. No employee or customer visits shall be permitted on Sundays or federal holidays. K. Traffic generated by the home occupation shall be limited to a maximum of eight (two-way) client/delivery-related trips per day for those home occupations that operate by appointment only and do not have overlapping client visits. All other home occupations shall be limited to five (two-way) client/delivery trips per day. L. Outdoor storage of materials, goods, products or equipment is not allowed. M. The home occupation is to be conducted in such a manner that the residence shall not differ from its residential character either by the use of colors, materials, construction, lighting, signs, or the emissions of sounds, noises, vibrations or odors or result in traffic impacts inconsistent with the character of the area in which the home occupation is located.” 16. Per ACC Table 18.52.020, “Off-Street Parking Requirements by Land Use”, two off- street parking spaces are required per dwelling unit of a duplex. The dwelling unit has two parking spaces; one in the garage and the other in the driveway, in front of the garage. Agenda Subject: Special Home Occupation Permit, Teresa’s Hair Shop File No. MIS13-0008 Date: December 30, 2013 Page 8 of 12 17. A combined Notice of Application and Notice of Public Hearing (“Exhibit 5, 6, & 7”) was issued on or before December 17, 2013. The public hearing notice was issued a minimum of 15 days prior to the public hearing as required by ACC 2.46.130 and ACC 14.07.030. The notice was advertised in the newspaper, posted at the Site and mailed to property owners within 300 ft. of Site. 18. At the time of writing of this staff report, the City received one comment letter from a neighboring property owner in the cul-de-sac (L St SE) dated December 19, 2013 (Exhibit 8). The comment letter, while supportive of the proposal, expressed a concern about parking. The City provided a written response to the comment letter on December 31, 2013 (Exhibit 9). IV. CONCLUSIONS: As indicated above, the city’s home occupation regulations at ACC 18.60.040 provide certain criteria for approval of a Special Home Occupation Permit. What follows are the criteria (in italics) and a staff analysis of how the proposal compares to the criteria: “18.60.040 Special home occupation permit. A. Special home occupation permits are required and must be granted by the hearing examiner for the following uses, even if the use meets all of the requirements of ACC 18.60.020(A) through (M), but in no case shall any home occupation meet less than 11 of the 13 requirements: . . 2. Personal service shops;” (emphasis added) Staff Analysis The home occupation is a ‘personal service shop’ home occupation that can meet at least 11 of the 13 requirements per ACC 18.60.020(A) though (M). The Applicant, who will reside at the home, is the only employee. Staff finds that the home occupation meets ACC 18.60.020(A) that requires only members of the immediate family residing on the premises and no more than one non-resident may be employed. The Applicant indicates in the submitted application materials that no mechanical equipment will be used in the operation of the home occupation other than are typically found within a dwelling unit. Staff finds that the home occupation meets ACC 18.60.020(B) requiring no mechanical equipment be used except such as is commonly used for household purposes. The Applicant states that approximately 150 sq. ft. of the home’s main living room/dining room area, will be used for the home occupation, which is less than ¼ of the floor area of the home, which is an existing approximately 1,050 sq. ft. dwelling unit (inclusive of garage) within a duplex residence as identified in the King County Department of Assessments website records. Staff finds that the home occupation meets ACC 18.60.020(C). No alternations other than the installation of a sink and installation of a backflow prevention device are proposed. The backflow prevention device is required by the City’s Water Utility Division to ensure protection of the public water system and water supply. Per City of Agenda Subject: Special Home Occupation Permit, Teresa’s Hair Shop File No. MIS13-0008 Date: December 30, 2013 Page 9 of 12 Auburn Public Works Design Standards, Section 7.01.2.1(H) a backflow prevention assembly is now required for domestic service. The home occupation will be conditioned so that the business license for the Special Home Occupation Permit will not be issued until a Plumbing Permit has been approved for the sink and backflow device and these have been inspected by the City. Staff finds that the home occupation proposal as conditioned meets ACC 18.60.020(D). The Applicant indicates in the submitted application materials that the home occupation will not involve the use of commercial vehicles, which are defined in ACC 18.04.245 as semi- truck tractors and/or semi-trailers over 26,001 pounds gross vehicle weight. Staff finds that the home occupation meets ACC 18.60.020(E). The home occupation will not reduce or render unusable areas provided for required off- street parking associated with the residential use. The current dwelling unit has the required improved two parking spaces per City standards of ACC Table 18.52.020; one in the garage and one in the driveway in front of the garage. The Applicant’s site plan indicates that 2 other parking spaces are available at the SE corner of the Site however; these are gravel and are not improved with surfacing as required by city standards. The site visit confirmed that there are at least 2 on-street parking spaces available on 29th ST SE and 1 space on L ST SE, adjacent to the property. There are additional parking spaces available on the opposite side of the adjacent streets. As the home occupation operates by appointment only and no overlapping customer visits are proposed, there is sufficient parking for the proposed use. Staff finds that the home occupation meets ACC 18.60.020(F) since the proposal will not obstruct existing parking or construct new parking. The applicant proposes one 18-inch by 24-inch (3 sq. ft.) sign. The Special Home Occupation Permit will be conditioned so that the business license for the home occupation will not be issued until the number and size of the sign has been verified on site by the City. Staff finds that the home occupation is capable of meeting ACC 18.60.020(G), which requires the sign not exceed 18-inch by 24-inch (3 sq. ft.) in area, non-illuminated, and attached to a building. The home occupation will not involve any display other than the one permitted sign. Staff finds that the home occupation meets ACC 18.60.020(H). The home occupation will not involve additional pets beyond what would otherwise be allowed in any residence. Staff finds that the home occupation meets ACC 18.60.020(I) since the home occupation will not have more animals than what may otherwise be permitted in the zone. The home occupation will not operate on Sundays or Mondays. The home occupation’s hours of operation are proposed to be five days a week (Tuesday through Saturday) 9:00am to 6:30pm. (Revised from the originally proposed hours of 9:00am to 5:00pm). Also, the business will not include any non-resident employees to add vehicle trips during prescribed hours of operation. The Applicant anticipates that 8-10 clients are anticipated per day. In the application materials, the Applicant states that many of the clients arrive together (i.e. husband & wife or parent & child, etc.) so as to not exceed the maximum of eight (two-way) client/delivery-related trips per day for those home occupations that operate by appointment only and do not have overlapping client visits as allowed per ACC 18.60.020(K). The Special Agenda Subject: Special Home Occupation Permit, Teresa’s Hair Shop File No. MIS13-0008 Date: December 30, 2013 Page 10 of 12 Home Occupation Permit will be conditioned so that the home occupation does not exceed 8 client trips per day. As conditioned, staff finds that the home occupation meets ACC 18.60.020(J). The proposed hours of operation for the home occupation are 9:00am to 6:30pm, with no customer appointments coming or going between 4:00pm and 6:00pm unless a traffic impact fee is paid in accordance with the City’s Transportation impact fee regulations. However, the Special Home Occupation Permit, will be conditioned so that the customer vehicle trips would not be permitted between 4:00pm and 6:00pm, and the hours of operation are proposed by the Applicant to be extended to 6:30pm to accommodate late afternoon/evening appointments and avoid trips during the 4:00pm to 6:00pm timeframe. Due to the extended hours to avoid vehicle trips in the PM peak hour and city transportation impact fee, Staff finds that the home occupation does not meet ACC 18.60.020(J) with regards to the hours of customer visits. However, hours beyond the code-prescribed hours of operation can be authorized by the Hearing Examiner through the Special Home Occupation Permit. The Applicant anticipates that 8-10 clients are anticipated per day. In the application materials, the Applicant states that many of the clients arrive together (i.e. husband & wife or parent & child, etc.) so as to not exceed the maximum of eight (two-way) client/delivery- related trips per day for those home occupations that operate by appointment only and do not have overlapping client visits as allowed per ACC 18.60.020(K). The Special Home Occupation Permit will be conditioned so that the home occupation does not exceed 8 clients per day. Staff finds that the home occupation meets ACC 18.60.020(K). The Applicant indicates that there will be no outdoor storage of materials, goods, products, or equipment for the home occupation. Staff finds that the home occupation meets ACC 18.60.020(L). As no exterior alterations and only one 18-inch by 24-inch sign are proposed, the home occupation will be conducted in manner such that the home will not differ aesthetically in character from a residence. It is not anticipated that there will be any emissions of sounds and noises non-residential in character. The home occupation will only operate from 9:00am to 6:30pm, as conditioned, and for comparison, construction noises in the R10 zone are allowed until 7:00pm. To address potential trips generated during the PM peak hour, within which timeframe a traffic impact fee is required, the customer drop-offs and pick-ups will not allowed between 4:00pm and 6:00pm unless the traffic impact fee is paid. The City’s transportation staff has identified no traffic safety, flow, or other anticipated traffic impacts. Staff finds the request meets the criterion ACC 18.60.020(M) as conditioned herein. A. In considering applications for special home occupation permits, the hearing examiner shall consider the nature and conditions of all adjacent uses and structures. No such special home occupation permit shall be authorized by the hearing examiner unless the hearing examiner finds that: Agenda Subject: Special Home Occupation Permit, Teresa’s Hair Shop File No. MIS13-0008 Date: December 30, 2013 Page 11 of 12 1. The authorizing of such special home occupation permit will not be materially detrimental to the public welfare or injurious to the property in the zone or vicinity in which the property is located; and 2. The authorization of such special home occupation permit will be consistent with the spirit and purpose of this title. Staff Analysis Authorization of the Special Home Occupation Permit for the ‘personal service shop’ will not be materially detrimental to the public welfare or injurious to the property in the zone or vicinity in which the property is located, with the staff recommended conditions. The home occupation meets 11 out of the 13 criteria of ACC 18.60.020(A) though (M), and the business license will be conditioned to ensure that at least 11 out of the 13 criteria are met. The two criteria the request is not proposing to meet are: no alterations to the structure and the evening limit to the hours of operation. Consistent with the purpose of home occupation regulations, the home occupation is undertaken for gain or profit within a dwelling, the home occupation is conducted by a resident of the existing dwelling, and the home occupation will not differ in character from that of a residence, as conditioned. As a result, the proposal is not detrimental to nearby residential environment and consistent with the intent of the R10, Residential zone. Staff finds the request meets the criterion, as conditioned. V. STAFF RECOMMENDATION: Based upon the application, accompanying materials, Findings of Fact, and Conclusions, staff recommends that the Hearing Examiner approve the Special Home Occupation Permit with the following Conditions of Approval. VI. CONDITIONS OF APPROVAL: 1. The home occupation shall only operate between the hours of 9:00am and 6:30pm, Tuesday through Saturday. 2. No customer’s arrivals or departures shall occur between the hours of 4:00pm and 6:00pm, unless the applicable traffic impact fee is paid in advance, in accordance with ACC 19.04, “Transportation Impact Fees”. 3. The home occupation shall not have more than 8 client trips per day (8 clients, each with an associated two-way trip). 4. No business license shall be issued until a Plumbing Permit has been applied for, approved, and inspected by the City for the proposed sink and backflow prevention device. Staff reserves the right to supplement the record of the case to respond to matters and information raised subsequent to the writing of this report Agenda Subject: Special Home Occupation Permit, Teresa’s Hair Shop File No. MIS13-0008 Date: December 30, 2013 Page 12 of 12 VII. EXHIBIT LIST: Exhibit 1 Staff Report Exhibit 2 Special Home Occupation Permit Application Materials:  Completed Application Form  Written statement  Site plan/floor plan  Supplemental Sheet for Home Occupations  E-mail from Applicant’s representative, Cayden Terpening dated November 6, 2103  E-mail from Applicant’s representative, Cayden Terpening dated December 5, 2013 Exhibit 3 2012 Aerial photo of the site and vicinity Exhibit 4 Notice of Application/Notice of Public Hearing Exhibit 5 Affidavit of Publication Exhibit 6 Affidavit of Mailing Exhibit 7 Affidavit of Posting Exhibit 8 Comment Letter from Guy and Nancy Hamilton, dated December 19, 2013 Exhibit 9 City Response to Comment Letter from Guy and Nancy Hamilton, dated December 31, 2013 MIS13-0008, Special Home Occupation 2824 L ST SE Printed Date: Information shown is for general reference purposes only and does not necessarily represent exact geographic or cartographic data as mapped. The City of Auburn makes no warranty as to its accuracy. Map Created by City of Auburn eGIS 12/3/2013 AFFIDAVIT OF POSTING OF LEGAL NOTICE BY APPLICANT APPLICATION NUMBER:MIS13-0008 PROJECT DESCRIPTION:The Special Home Occupation Permit (Land Use Approval)is for a hair salon business within a dwelling unit of a duplex.The business wi"employ one resident-owner who will provide hair care services by appointment only,Tuesday through Saturday, between the hours of 9:00am and 6:30pm.The business wlll occupy no more than }4 of the dwelling's floor area. LOCATION:The proposal is located at 2824 L ST SE,Auburn,WA 98002, within the NE }4 of Section 30-21-05. PARCEL NUMBER:144610-0160 Closing Date for Public Comments:5:00 pm,January 2,2014 I certify that on J{)//U I~/3 I did erect a land use posting board at the location above,which included a Notice of Application for the above referenced application,as required by Auburn City Code 1.27 and 14.07.030.The board was erected at least 15 days prior to the closing date for public comments noted above. I declare under penalty of perjury of the laws of the State of Washington that the foregoing is true and correct. 1{)j10/~!3 Name (please print or type) ~(f(~ Date Signature NOTE This affidavit must be returned to the Planning and Development Department at least one week prior to the closing date for public comments or review of the application may be postponed. Peter B. Lewis, Mayov December 81.2013 Guy and Nancy Hamilton P.C>. Box 372 VN|keSDD'VVA 90396 Re: CDOl[DeOt letter in Response to the Notice of Application and Notice of Hea[Og, File NO. MIS1 3-0008 — Special Home Occupation Permit for Teresa's Hair Shop at 2824 L St SE Dear Mr. and Mrs. Hamilton: Thank you for your comment letter received iO response b]the combined Notice OfApplication and Notice Of Public Hearing for the above-referenced project, VVhiChvvasFeDeiVedOO December 28.2O13 prior tothe close Ofthe public comment period. The City has carefully BV@|U@ted your comments in relation tOthe proposal. The proposal consists of8O application for a Special HVrne(}CCVp8Uon/L8OdUee\HennitiSfOr @ hair salon business within g dwelling unit of duplex. The business will employ one resident- owner who will provide hair care services bv appointment only, Tuesday through Saturday, between the hours of 9:00am and 6:30pm. The business will occupy approximately 150 sq. ft. of the home's floor area. The decision on the Special Home {}cCUp@iiDO is made bv the City's Hearing Examiner after COOSide[@tiDO of the information presented at the public Hearing described in the Notice, 1O be held VD F[id@y, January 10. 8i2:ODp[n at City Hall COUOCi| Chambers at 25 West Main Street, /\UbUnl' WA 98001. Interested parties may submit written or verbal comments a1 the public hearing. Your comment letter, while not objecting b} the proposal, expresses a concern about sufficiency of parking without further explanation. The sufficiency 0f parking iS frequently @concern associated with Special Home Occupations applications because of the proposal's location within 8O established residential neighborhood. |O fact, tV avoid adversely impacting the established residential character, City regulations also generally do not allow the construction of additional parking spaces iO conjunction VViththBSpeci@|HOme{]ccVp@UOR. Also, City Regulations require that the parking space for the pre-existing residential use of the site cannot be eliminated Ormade unusable. The current dwelling unit has the required improved two p8hdOg spaces to meet city regulations for the original home, per ACC Table 18.52.O2O; one iO the garage and one iO the driveway iD front of the garage. The Applicant's site plan indicates that 2 other parking spaces are available at the GE corner of the site. However, these are gravel and are not improved with paved surfacing aa required by city standards and are not considered. Based ODa site visit conducted by staff, there are 8t least 2 on-street parking Spaces available on 2 91 Street 8Eand 1 Sp8D8 onLStreet SE, adjacent to the property. There are additional parking spaces available onthe opposite side Of the streets. AS the home occupation operates by appointment only and no M()g[:T1 J/\1\1 Y()i/ \M AG I 1\1[[) Mr. and Mrs. Hamilton December 31, 2013 Page 2 overlapping customer visits are proposed, the staff believes that there is sufficient on- street parking in the immediate vicinity for the proposed use and that parking will be sufficient. Staff finds that the home occupation meets the one of the criteria for approval, ACC 18.60.020(F) since the proposal will not obstruct existing parking or construct new parking. The home occupation will not reduce or render unusable areas provided for required off - street parking associated with the residential use. Conclusion The City appreciates your time and comment and has considered whether or not the comments identify issues that should be addressed or mitigated in the staff recommendation to the Hearing Examiner. If you believe the project will result in parking impacts, you are welcome to submit written or verbal comments at the public hearing for consideration by the Hearing Examiner in making the decision on the proposed Special Home Occupation Permit. If you have any questions about the decision or the appeal process, please contact me at 253- 804 -5033 or jdixon @auburnwa.gov. Sincerely, d466 Jeff Dixon Principal Planner J D /sys CORR13 -0551 File: MIS13 -0008 cc: Teresa Lockhart, Applicant