HomeMy WebLinkAbout01-23-2024 AgendaHEARING EXAMINER
SPECIAL MEETING
AGENDA
January 23, 2024
2:00 – 5:00 P.M.
City Council Chambers
25 West Main Street
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II.CASE NO: MIS23-0016
Special Home Occupation for Arvinder Kaur
Permanent Makeup Studio
APPLICANT(S): Arvinder Kaur
905 – 23rd Place SE
Auburn, WA 98002
PROPERTY OWNER: Arvinder Kaur
905 – 23rd Place SE
Auburn, WA 98002
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Hearing Examiner Agenda
January 23, 2024
2:00 – 5:00 p.m.
________________________________________________________________________________
2
PROJECT SUMMARY: Special Home Occupation permit to conduct a 130-square foot personal
service beauty studio to perform permanent makeup services such as
microblading. The business will be located in a renovated portion of the
garage of the single-family home. All functions of the business will be
internal to the structure.
PROJECT LOCATION: The property, 905 23rd Pl SE, is located within the Lyman’s Farm
subdivision
PARCEL NO(S): King County Assessor Parcel No. 4472000030.
III.CASE NO: MIS23-0014
Special Home Occupation for Green River Nursery
APPLICANT(S): Matthew Jennings
Green River Nursery
13100 SE 299th Street
Auburn, WA 98092
PROPERTY OWNER: Matthew Jennings
Green River Nursery
13100 SE 299th Street
Auburn, WA 98092
PROJECT SUMMARY: Special Home Occupation permit for a home-based plant nursery
business. The proposed home occupation is proposed for an
approximately 6.20 acre or 270,225 square foot property within the R-5,
Residential zone. The subject “Property” will be used to establish ‘Green
River Nursery’, a plant growing and retail sales nursery business on the
site of an existing residence. The business will include a bi-annual spring
and fall weekend plant sales events. The purpose of the Special Home
Occupation application is to authorize an increase in the number of
visitors that are typically allowed for home occupations in accordance with
Auburn City Code (ACC) 18.60.020. The property is fenced and
extensively landscaped with trees and bushes that block most of the view
of the property from the street. Access to the property is from a paved
driveway off SE 299th St. The property has an existing 10 by 20 square
foot shade house for the plants, an 18 by 29 square foot plant
propagation area and several 3-foot-high benches to display the plants.
Seven (7) off-street parking spaces will be provided on site.
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Hearing Examiner Agenda
January 23, 2024
2:00 – 5:00 p.m.
________________________________________________________________________________
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PROJECT LOCATION: The Property is located at 13100 SE 299TH St, approximately 300
feet west of the intersection of SE 299TH St and 132nd Ave SE.
WIthin the quarter Section SE 04, Township 21, Range 5. WM.
PARCEL NO(S): King Co. Parcel No. 0421059010
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AGENDA BILL APPROVAL FORM
HEARING EXAMINER
Agenda Subject/Title:
Special Home Occupation for
Arvinder Kaur Permanent Makeup
City File No. MIS23-0016
Date:
November 20, 2023
Department:
Community Development
DESCRIPTION:
Request for Special Home Occupation permit to conduct a home-based personal service
business.
ADMINISTRATIVE RECOMMENDATION:
Hearing Examiner to conduct a public hearing and approve the Special Home Occupation
permit.
PROJECT SUMMARY:
Special Home Occupation permit to conduct a 130-square foot personal service beauty studio to
perform permanent makeup services such as microblading. The business will be located in a
renovated portion of the garage of the single-family home. All functions of the business will be
internal to the structure.
LOCATION:
The property, 905 23rd Pl SE, is located within the Lyman’s Farm subdivision. King County
Assessor Parcel No. 4472000030.
APPLICANT:
Arvinder Kaur, 905 23rd PL SE, Auburn, WA 98002
PROPERTY OWNER:
Arvinder Kaur, 905 23rd PL SE, Auburn, WA 98002
EXHIBIT 1
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Agenda Subject: Special Home Occupation Permit for Arvinder Kaur –
MIS23-0016
Date: December 28, 2023
Page 2 of 11
SPECIAL HOME OCCUPATION PERMIT
Arvinder Kaur Permanent Makeup
MIS23-0016
I.GENERAL INFORMATION:
Application Date:September 28, 2023
Applicant/
Property Owner:Arvinder Kaur, 905 23rd PL SE, Auburn, WA 98002
Project Description:Request for a Special Home Occupation permit to conduct 130
square foot personal service beauty studio to perform permanent
makeup services such as microblading. The business area will be
located in an existing room of the attached garage of the single-
family home. All functions of the business will be internal to the
structure.
Proposed Location: The proposal is located at 905 23rd PL SE, south side of 23rd Pl
SE, approximately 320 feet west of the intersection of 23rd PL SE
and 23rd ST SE, within the SE ¼ of Section 19, T 21 N, R 5 E,
WM.
King County Parcel Number: 4472000030
Subject Property and Adjacent Property Comprehensive Plan designation, Zoning
Classification, and Land Use:
Comprehensive Plan
designation Zoning classification Current Land Use
Project Site
Single Family
Residential
R-7, Residential Seven
Dwelling Units Per Acre Single-family residence
North
Single Family
Residential
R-7, Residential Seven
Dwelling Units Per Acre Single-family residence
South
Single Family
Residential
R-7, Residential Seven
Dwelling Units Per Acre Single-family residence
West
Single Family
Residential
R-7, Residential Seven
Dwelling Units Per Acre Single-family residence
East
Single Family
Residential
R-7, Residential Seven
Dwelling Units Per Acre Single-family residence
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Date: December 28, 2023
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Vicinity Map
II. SEPA STATUS:
The Project is exempt from the State Environmental Policy Act (SEPA) per Washington
Administrative Code (WAC) 197-11-800(13)(a) as a “business or regulatory license”.
III. FINDINGS OF FACT:
1. The Comprehensive Plan designation of the parcel is “Single Family Residential”. This
designation is implemented by the zoning classification of the site as “R-7, Residential 7
dwelling units per acre”.
2. The stated purpose of the R-7, Residential zoning district is as follows:
“ ACC 18.07.010 Intent.
E. R-7 Residential Zone – Seven Dwelling Units per Acre. The R-7 single-family
residential zones are intended to create a living environment of optimum standards
for single-family dwellings. It is further intended to achieve development densities of
five to seven dwelling units per net acre. This zone will provide for the development
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of single-family detached dwellings and for such accessory uses as are related,
incidental and not detrimental to the residential environment.”
3. 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.”
4. Arvinder Kaur (the “Applicant” and co-property owner) submitted an application for a Special
Home Occupation Permit (land use approval) on September 28, 2023, to occupy an existing
room of 130 square feet inside the attached garage to operate a home-based personal
service business.
The applicant proposes a beauty studio to perform permanent makeup services such as
microblading. Microblading is a semi-permanent form of cosmetic tattooing commonly used
for eyebrows. But unlike traditional tattoos, which use a tattoo gun, microblading uses a
blade-shaped tool with a row of tiny, barely visible needles to create hair-like strokes along
your brows while depositing pigment into your skin.
5. The zoning code at ACC 18.04.710, defines a “personal service shop” as:
“ “Personal service shop” means premises devoted to hair styling, cutting or permanents,
manicurists, custom tailoring, and similar related uses.”
6. Home occupations authorized by and subject to the standards of Chapter 18.60 ACC “Home
Occupations” are permitted within the R-7, Residential zone.
7. The proposed home occupation triggers the “Special Home Occupation” that is subject to a
public hearing process because of both the type of land use (personal service shop) and
because it does not meet all the generally applicable home occupation standards. The
proposed personal service shop is one of the specific types of businesses that can only be
authorized by a “Special Home Occupation” review and approval process. In addition, the
proposed home-based business does not meet all of the generally-applicable standards of a
Home Occupation. City regulations at ACC 18.60.040(A)(6)
“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:
1. Building and construction contractor services, to include landscaping services
(unless the home occupation is solely used for office purposes);
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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).”
Also, the proposed home-based business does meet all 13 of the generally appliable
standards. Meeting less than 13 of the standards also triggers the ‘Special Home
Occupation permit’ process. Home Occupation cannot be approved/allowed if it meets
less than 11 of the standards.
8. In accordance with the City’s home occupation regulations (ACC 18.60.040(C)), any home
occupation that can only meet 11 or 12 of the 13 requirements require an approved Special
Home Occupation Permit to be granted by the Hearing Examiner, and must meet a
minimum of 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.
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.
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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 Saturday and Sunday;
2. Customers from 9:00 a.m. to 6:00 p.m.
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.”
9. In addition, the city’s home occupation regulations provide the following review process and
findings that must be made for approval of ‘Special Home Occupations’. ACC 18.60.040(B)
provides the following:
“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.
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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.
10. The subject property is a 6,000 square foot lot developed with a 1,820-square foot, two-
story, single-family residence located at 905 23rd Pl SE. The site is located on the south
side of 23rd Pl SE, approximately 320 feet west of the intersection of 23rd PL SE and 23rd
ST SE. The vicinity is a developed residential neighborhood whose street terminates in a
cul-de-sac located to the west.
11. The home occupation will occupy an existing room in the attached garage approximately
130 square feet in size. The King County Assessor’s website identifies the garage as having
640 square feet. See exhibit 8.
12. According to the site plans and floor plans provided by the Applicant, the garage appears to
accommodate 2+ vehicles as well as 3 parking spaces (measuring the city required 9’ by
19’) on the driveway which measures 24-1/2 feet by between the garage and front property
line and 30 feet in width. [Exhibit 2]
13. According to the Special Home Occupation Review Criteria, the home occupation will
employ only the business owner and not hire outside employment. [Exhibit 3]
14. According to the Special Home Occupation Review Criteria with the application, the
activities conducted at the site will be internal to the structure. No equipment or commercial
vehicles will be stored on site. [Exhibit 3]
15. According to the Special Home Occupation Review Criteria submitted by the applicant the
hours of operation shall be limited to the weekends (Saturday and Sunday) between the
hours of 10:00 AM until 6:00 PM. [Exhibit 3]
16. Staff conducted a site visit on July 24, 2023 to verify the existing site conditions
17. A combined Notice of Application and Notice of Public Hearing (“Exhibit 4”) was issued on
January 3rd, 2024. The 15-day public comment period for the Notice of Application began
on January 3 and ended on January 22, 2024. No written public comments have been
received by the time of writing this report. Any written comments that are subsequently
received by the Dept. will be provided at the hearing.
18. The public hearing notice was issued a minimum of 10 business days prior to the public
hearing as required by ACC 2.46.130. The notice was also posted at the Site and mailed to
adjacent property owners within 300 feet of the Site, as required. See Exhibit 4 for
Affidavits.
IV. CONCLUSIONS:
The city’s home occupation regulations, ACC 18.60.040, provide certain criteria for approval of
a Special Home Occupation Permit. The following is a list of these criteria (in italics) followed by
a staff analysis of how the Project compares to the criteria:
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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 Shop.”
Staff Analysis
The home occupation is for a personal service shop, operated as a beauty studio that can
meet at least 11 of the 13 requirements in accordance with ACC 18.60.020(A) though (M).
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. The
Applicant is the only employee. Staff finds that the home occupation meets criteria ACC
18.60.020(A).
B. The Applicant states that no mechanical equipment except that commonly of customarily
use for household purposes or deemed similar in terms of power, quantity, noise,
emissions, or type will be used in the operation of the home occupation. Staff finds that
the home occupation meets criteria ACC 18.60.020(B).
C. Not more than one-fourth of the floor area of any building is devoted to such occupation,
except for bed and breakfasts. The Applicant states 130 square feet of the existing
garage will be used for the home occupation. According to King County Assessor’s
website records, the house with attached garage contains 1,820-square and the
proposed 130 square feet is less than 25% (7.2 %). Staff finds that the home occupation
does meet criteria ACC 18.60.020(C).
D. That such occupation shall not require internal or external alteration or involve
construction features not customarily found in a dwelling. It appears that interior walls
are proposed to partition a 10-foot by 13-foot area of the NW corner of the garage for the
home-based business. The exception to the generally appliable home occupation
standard can be authorized through the ‘Special Home Occupation Permit’ process upon
approval by the Hearing Examiner and therefore Staff finds that the home occupation
meets criteria ACC 18.60.020(D).
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. The
Applicant states 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
criteria ACC 18.60.020(E).
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. Per ACC Table 18.52.020, “Off-Street Parking
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Date: December 28, 2023
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Requirements by Land Use”, two (2) off-street parking spaces are required per single-
family dwelling. The home occupation will not reduce or render unusable areas provided
for the residence’s required off-street parking. The Property has ample space for parking
if needed. The driveway supports 3 parking spaces of code required dimensions with
two parking spaces retained in the garage for a total of five parking stalls. According to
the application materials, the home occupation will be conducted by appointment only.
The home occupation will be conducted in a manner that will reserve two off-street
parking spaces for the home and thus not reduce the home’s required two parking
spaces. No additional parking is proposed to be created. Staff finds that the home
occupation meets criteria ACC 18.60.020(F).
G. Only one sign is permitted, not to exceed 18 inches by 24 inches in area, non-
illuminated, and attached to a building. The applicant does not propose to have signage.
The applicant has indicated that they do not want to provide access to customers to the
property or draw attention to their home. Staff finds that the home occupation meets
criteria ACC 18.60.020(G).
H. No display pertaining to the occupation, other than the one permitted sign, is allowed to
be visible from the street or adjacent residences. The home occupation will not involve
any display. Staff finds that the home occupation meets criteria ACC 18.60.020(H).
I. No more animals are maintained on the premises than what may otherwise be permitted
in the zone. The applicant does not propose animals as part of the home occupation.
Staff finds that the home occupation meets criteria ACC 18.60.020(I).
J. The applicant is intending to host clients at the residence. And by Applicant’s statements
they will be visiting by appointment only, and generally no more than one appointment
per day and mainly on weekends. The applicant shall comply with the hours of
operation:
1) Employees from 8:00 am – to 6:00 pm. Monday through Friday and from 9:00 am
– to 6:00 pm on Saturday and Sunday,
2) Customers from 9:00 am to 6:00 pm.
Staff finds that the home occupation meets ACC 18.60.020(J).
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. The applicant provided in
the narrative that they would not exceed these limits. Staff finds that the home
occupation meets ACC 18.60.020(K).
L. Outdoor storage of materials, goods, products or equipment is not allowed The
applicant indicates that materials, goods, and products will be stored inside the work
area for the home occupation. Staff finds that the home occupation meets criteria ACC
18.60.020(L).
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Date: December 28, 2023
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M. No exterior changes are proposed. The applicant has stated in the narrative that they do
not intend to make changes to the existing single-family residence, and the business will
not emit noise that can be heard from a neighboring property.
Staff finds the request meets the criterion, as conditioned herein.
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.
Staff Analysis
The Special Home Occupation permit was triggered under the “Personal Service Shops”
land use designation seen in ACC 18.60.040 (A) (2).
It is not anticipated that authorization of the Special Home Occupation Permit for the home
occupation 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 observance of the staff
recommended conditions due to developed setting and minimum customer visits on an
appointment-only basis. The home occupation meets 13 out of the 13 criteria of ACC
18.60.020(A) though (M), and only triggers the special home occupation permit due to the
business type being a personal service shop.
“CONCLUSIONS”.
The proposal is consistent with the purpose of home occupations regulations, because the
home occupation is undertaken for gain or profit within the 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, it is also not anticipated to be
detrimental to single-family residential environment and consistent with the intent of the R-7,
Residential zone.
Staff finds the request meets the criterion, as conditioned herein.
V. STAFF RECOMMENDATION:
Based upon the application, accompanying materials, Findings of Fact, and Conclusions of
the staff report, staff recommend that the Hearing Examiner approve the Special Home
Occupation Permit, MIS23-0016, with the following Conditions of Approval.
VI. CONDITIONS OF APPROVAL:
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Page 11 of 11
1.The home occupation shall only have one employee and have operating hours between
the hours of 8:00 am – 6:00 pm Monday through Friday and from 9:00 am – 6:00 pm on
Saturday and Sunday. And the home occupation shall only have customers between the
hours of 9:00 am – 6:00 pm, both in accordance with ACC 18.60.020(J).
2.Traffic generated to 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 (ACC 18.60.020(K)).
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.
VII.EXHIBIT LIST:
Exhibit 1 Staff Report to Hearing Examiner
Exhibit 2 Completed application, Site plan, Floor plan, etc.
Exhibit 3 Applicant's Supplemental Questions
Exhibit 4 Notice of Application/Notice of Public Hearing.
Exhibit 5 Site Plan
Exhibit 6 PowerPoint Presentation to Hearing Examiner
Exhibit 7 King County Assessor’s website
(https://blue.kingcounty.com/Assessor/eRealProperty/Detail.aspx?ParcelNbr=447
2000030)
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Page 1 of 2
CITY OF AUBURN
Land Use Application #1381708 - Permanent Makeup in home
EXHIBIT 2
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Project Contact
Company Name:
Name:Arvinder kaur Email:avymicroblading@gmail.com
Address:905 23rd PL SE Phone #:(206) 778-6025
Auburn Washington 98002
Project Type Activity Type Scope of Work
New None Home Occupation
Project Name:Permanent Makeup in home
Description of Work:I do Permanent makeup only by an appointment I take only one client a day as it takes
around 3 hours to complete. it includes Microblading
Project Details
Development Type
Residential
Page 2 of 2
CITY OF AUBURN
Land Use Application #1381708 - Permanent Makeup in home
16 of 85
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Parcel No. (APN) 447200-0030Land Use RESIDENTIALSINGLE FAMILY RESIDENCEBuildings 1 BuildingBuilding Area 1,820 SFLot Area 6,000 SF (0.14 ACRES)ADDRESS: 905 23RD PL SEAUBURN, WA 98002Scale:1"=20'MySitePlan.comSite Plans When You Need ThemNTHIS IS NOT A LEGAL SURVEY, NOR IS IT INTENDED TO BE OR REPLACE ONEThis work product represents only generalized locations offeatures, objects or boundaries and should not be relied uponas being legally authoritative for the precise location of anyfeature, object or boundary.100'60'99.5'60'Property LineProperty LineProperty LineProperty LineExisting HouseDrivewayPatioSidewalk
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19 of 85
Supplemental Name: Special Home Occupation Information Sheet
Special Home Occupation (MIS) Supplemental Information
Please read the following information and select the radio button at the end stating that you have read through and understand this
information.
What is a Special Home Occupation?
Certain Home Occupations that are listed in ACC 18.60.040(A)(1) and those that can only meet 11 of the 13 requirements of ACC
18.60.020 are required to apply for a Special Home Occupation Permit. These Permits are a Type III decision and require a public
hearing and are decided upon by the City’s Hearing Examiner. Uses not allowed as a Home Occupation include
automobile/motorcycle repair and body work, including painting, automobile services, including stereo installation, car alarms, and
detailing, and heavy equipment repair/maintenance.
What is a Type III decision?
Type III decisions are quasi-judicial land use decisions made by the City of Auburn Hearing Examiner following a public hearing at
which interested citizens can participate by giving written or verbal comments on a proposed project or issue. The Hearing Examiner
is responsible by City Code to interpret, review, and implement land use regulations and other ordinances and regulations. City Staff
conducts an initial review and submits a recommendation to the City’s Hearing Examiner who conducts the public hearing. Following
the public hearing, the Hearing Examiner issues a written decision that can be appealed to the Superior Court of the County in which
the property is located.
How long before I am notified if my application is complete?
Within 28 calendar days of receiving your application, City Staff will determine if the application is complete based on the required
documents. If your application is incomplete you will be notified via email detailing the required information to make your application
complete.
How long before I know whether my application is approved or denied?
Current City Code requires that all land use decisions be made within 120 days from the date of a complete application submittal,
unless the Applicant and City mutually agree to extend the processing of the application longer than 120 days. This 120-day "clock"
pauses when City staff return comments or request additional information from the Applicant.
PLEASE NOTE: Applicants are responsible for complying with all City Codes and ordinances and should review all City regulations
that may be applicable to their proposed project. For assistance in determining which regulations are applicable, please
contact planning@auburnwa.gov.
I have read and understand this information.
What is required to be uploaded along with my Special Home Occupation application?
Owner Authorization Form(s) for all owners involved.
Fill out the Special Home Occupation Review Criteria supplemental.
Floor Plan of the building being used for the Home Occupation.
Site Plan: meeting the following standards:
North arrow, graphic scale, vicinity map, and date plan was prepared,
Drawing showing all boundaries, buildings and parking areas, easements, utilities, any critical areas (known or suspected,
and adjacent streets.
Jurisdiction:Auburn
Project Name: Permanent Makeup in home
Application ID: 1381708
EXHIBIT 3
20 of 85
Supplemental Name: Special Home Occupation Review Criteria
Per ACC 18.60.020, Home Occupations are required to meet the following requirements, please address each of them and state how
this proposal is consistent. Note that a minimum of 11 of the 13 criteria need to be met to qualify for a Special Home Occupation.
Provide a complete description of the proposed use.
I will be doing permanent makeup like Microblading.I will be taking only one client a day mostly on weekends.
Only members of the immediate family residing on the premises and no more than one nonresident 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.
I will not hire any employe. I do have driveway where 4 cars can park.
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).
No, I will not be using any of those loud equipments. its a face makeup work
Not more than one-fourth (25%) of the floor area of any building is devoted to such occupation, except for bed and breakfasts.
The office I will be using for make up is build inside the garage. its 10x13= 130 sqft. My house covered area is 1810 sqft.
That such occupation shall not require internal or external alteration or involve construction features not customarily found in a
dwelling.
N/A
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.
N/A
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.
We will not be using Street parking as we can park 4 cars in our driveway.
Only one sign is permitted, not to exceed 18 inches by 24 inches in area, nonilluminated, and attached to a building, except that home
occupations in commercial or industrial zones may have signs consistent with the applicable zoning district.
I am not taking any Walk in customer as it is strictly by appointment because of time it takes. So I will not be putting any sign on street or house.
I will be texting customer My address for directions.
No display pertaining to the occupation, other than the one permitted sign, is visible from the street or adjacent residences.
N/A
No more animals are maintained on the premises than what may otherwise be permitted in the zone.
We have no pets.
Except for bed and breakfasts, employee and customer visits shall be limited to the following hours of operation:
Employees from 8:00 AM to 6:00 PM Monday through Friday and from 9:00 AM to 6:00 PM on Saturday and Sunday,
Customers from 9:00 AM to 6:00 PM.
No employees will be hires. it will be just me working in specified hours. weekends will be 1000 AM to 0600PM.
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.
I will be taking only one client a day.
Outdoor storage of materials, goods, products or equipment is not allowed.
N/A
Jurisdiction:Auburn
Project Name: Permanent Makeup in home
Application ID: 1381708
21 of 85
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.
N/A
Per ACC 18.60.040(B), in reviewing applications for special home occupations, the Hearing Examiner will consider the following
criteria. Please provide a response to these criteria and explain how your Special Home Occupation (or proposal) complies.
The nature and condition of all adjacent uses and structures.
The use will be materially detrimental impacts to public welfare or injurious to property in the zone or vicinity in which the
property is located; and
Consistency with the spirit and purpose of ACC Title 18 (Zoning).
Agreed
Jurisdiction:Auburn
Project Name: Permanent Makeup in home
Application ID: 1381708
22 of 85
Supplemental Name: Special Home Occupation Review Criteria
Per ACC 18.60.020, Home Occupations are required to meet the following requirements, please address each of them and state how
this proposal is consistent. Note that a minimum of 11 of the 13 criteria need to be met to qualify for a Special Home Occupation.
Provide a complete description of the proposed use.
I will be doing permanent makeup like Microblading.I will be taking only one client a day mostly on weekends.
Only members of the immediate family residing on the premises and no more than one nonresident 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.
I will not hire any employe. I do have driveway where 4 cars can park.
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).
No, I will not be using any of those loud equipments. its a face makeup work
Not more than one-fourth (25%) of the floor area of any building is devoted to such occupation, except for bed and breakfasts.
The office I will be using for make up is build inside the garage. its 10x13= 130 sqft. My house covered area is 1810 sqft.
That such occupation shall not require internal or external alteration or involve construction features not customarily found in a
dwelling.
N/A
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.
N/A
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.
We will not be using Street parking as we can park 4 cars in our driveway.
Only one sign is permitted, not to exceed 18 inches by 24 inches in area, nonilluminated, and attached to a building, except that home
occupations in commercial or industrial zones may have signs consistent with the applicable zoning district.
I am not taking any Walk in customer as it is strictly by appointment because of time it takes. So I will not be putting any sign on street or house.
I will be texting customer My address for directions.
No display pertaining to the occupation, other than the one permitted sign, is visible from the street or adjacent residences.
N/A
No more animals are maintained on the premises than what may otherwise be permitted in the zone.
We have no pets.
Except for bed and breakfasts, employee and customer visits shall be limited to the following hours of operation:
Employees from 8:00 AM to 6:00 PM Monday through Friday and from 9:00 AM to 6:00 PM on Saturday and Sunday,
Customers from 9:00 AM to 6:00 PM.
No employees will be hires. it will be just me working in specified hours. weekends will be 1000 AM to 0600PM.
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.
I will be taking only one client a day.
Outdoor storage of materials, goods, products or equipment is not allowed.
N/A
Jurisdiction:Auburn
Project Name: Permanent Makeup in home
Application ID: 1381708
23 of 85
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.
N/A
Per ACC 18.60.040(B), in reviewing applications for special home occupations, the Hearing Examiner will consider the following
criteria. Please provide a response to these criteria and explain how your Special Home Occupation (or proposal) complies.
The nature and condition of all adjacent uses and structures.
The use will be materially detrimental impacts to public welfare or injurious to property in the zone or vicinity in which the
property is located; and
Consistency with the spirit and purpose of ACC Title 18 (Zoning).
Agreed
Jurisdiction:Auburn
Project Name: Permanent Makeup in home
Application ID: 1381708
24 of 85
Re: Querry
Avy Randhawa <avymicroblading@gmail.com>
Thu 11/9/2023 9:38 AM
To: Gabriel Clark <GClark@auburnwa.gov>
CAUTION: The following message originated from outside the City of Auburn. Be careful opening links and
attachments
On Wed, Nov 8, 2023 at 11:53 Gabriel Clark <GClark@auburnwa.gov> wrote:
Good day,
answered below :
1.That such occupation shall not require internal or external alteration or involve construction
features not customarily found in a dwelling.
-we have a room inside the garage which I was using as a office space. This room is 14 x10 which I will
be using as a makeup studio. So I don’t have to do remodel or build anything.
1.The home occupation shall not involve the use of personal commercial vehicles.
- I don’t need any commercial vehicles for this business as it is by appointment only and only 1 client
at a time. It’s will be a makeup studio. There is nothing like loading or unloading required for this
business.
1.
2.Outdoor storage of materials, goods, products, or equipment is not allowed.
- I don’t need any storage space for this business. Its a small makeup kit and I will be using drawers
inside my studio to store it. For eg: little tools like makeup brushes and Ring light etc.
Than you
Avy
CODE QUESTIONS?
Book an online meeting: Virtual Permit Center - City of Auburn (auburnwa.gov)
25 of 85
Gabriel Clark, Planner
Department of Community Development
City of Auburn | www.auburnwa.gov
Office 253-470-2147| gclark@auburnwa.gov
Mailing Address: 25 W Main Street, Auburn, WA 98001
Permit Center Address: 1 E Main Street, Auburn, WA 98002 (Click Here for Map)
Customer Service Survey | Application Forms | Zoning Maps
From: Avy Randhawa <avymicroblading@gmail.com>
Sent: Wednesday, November 8, 2023 11:26 AM
To: Gabriel Clark <GClark@auburnwa.gov>
Subject: Re: Querry
CAUTION: The following message originated from outside the City of Auburn. Be careful opening links and
attachments
Good day ,
May I know if there is any progress in application. I have already paid the fee online also, but. Ot
sure when can i do the meetings with you guys as i was told that meeting is every Wednesday.
Please give me an update
Thank you
Avy
On Mon, Oct 30, 2023 at 15:29 Gabriel Clark <GClark@auburnwa.gov> wrote:
26 of 85
Good afternoon, Avy,
I have started my formal review of this permit today and I have requested the Building and
Utilities divisions to also review the permit. I will provide more information as I receive it!
Thank you for your patience.
CODE QUESTIONS?
Book an online meeting: Virtual Permit Center - City of Auburn (auburnwa.gov)
Gabriel Clark, Planner
Department of Community Development
City of Auburn | www.auburnwa.gov
Office 253-470-2147| gclark@auburnwa.gov
Mailing Address: 25 W Main Street, Auburn, WA 98001
Permit Center Address: 1 E Main Street, Auburn, WA 98002 (Click Here for Map)
Customer Service Survey | Application Forms | Zoning Maps
From: Avy Randhawa <avymicroblading@gmail.com>
Sent: Monday, October 30, 2023 12:25 PM
To: Gabriel Clark <GClark@auburnwa.gov>
Subject: Querry
CAUTION: The following message originated from outside the City of Auburn. Be careful opening links and
attachments
Hi Gabriel,
Any updates please
Thank you 27 of 85
Avy
The information contained in this electronic communication is personal, privileged and/or
confidential information intended only for the use of the individual(s) or entity(ies) to which it has
been addressed. If you read this communication and are not the intended recipient, you are
hereby notified that any dissemination, distribution or copying of this communication, other than
delivery to the intended recipient is strictly prohibited. If you have received this communication in
error, please immediately notify the sender by reply e-mail. Thank you.
The information contained in this electronic communication is personal, privileged and/or
confidential information intended only for the use of the individual(s) or entity(ies) to which it has
been addressed. If you read this communication and are not the intended recipient, you are hereby
notified that any dissemination, distribution or copying of this communication, other than delivery
to the intended recipient is strictly prohibited. If you have received this communication in error,
please immediately notify the sender by reply e-mail. Thank you.
28 of 85
NOTICE OF APPLICATION (NOA)
NOTICE OF PUBLIC HEARING (NOH)
Arvinder Kaur | Home Based Personal Service Shop
MIS23-0016
The City of Auburn is issuing a Notice of Application (NOA), and a Notice of Public Hearing (NOH) for the
following described project. The applications and listed studies may be reviewed at the Auburn
Department of Community Development at One E Main St., 2nd Floor, Customer Service Center, Auburn,
WA 98001 and by visiting www.auburnwa.gov/landuse.
Proposal: Request for a Special Home Occupation permit to conduct 130 square foot personal service
beauty studio to perform permanent makeup services such as microblading. The business area will be
located in an existing room of the attached garage of the single-family home. All functions of the business
will be internal to the structure.
Location: The proposal is located at 905 23rd PL SE, south side of 23rd Pl SE, approximately 320 feet
west of the intersection of 23rd PL SE and 23rd ST SE, within the SE ¼ of Section 19, T 21 N, R 5 E,
WM.
Notice of Application: January 8th, 2024
Application Complete: October 19th, 2023
Permit Application: September 28th, 2023
File Nos. MIS23-0016
Property Owner/Applicant: Arvinder Kaur, 905 23rd PL SE, Auburn, WA 98002
Studies/Plans Submitted With Application:
•Site Plan, Arvinder Kaur, September 29th, 2023
•Floor Plan, Arvinder Kaur, September 29th, 2023
•Supplemental Information Sheet, Arvinder Kaur, September 29th, 2023
Statement of Consistency and List of Applicable Development Regulations: This proposal is
subject to and shall be consistent with the Auburn City Code, Comprehensive Plan, and Public Works
Design and Construction Standards.
Public Comment Period All people may comment on this application. Comments must be in writing and
received by the end of the 15-day comment period at 5:00pm January 22nd, 2024 to the mailing address
of 25 W Main St., Auburn, WA, 98001 or to the contact email address below. Any person wishing to
become a party of record shall include in their comments that they wish to receive notice of and
participate in any hearings, request a copy of decisions once made, and be made aware of appeal rights.
For questions regarding this project, please contact Gabriel Clark, Planner, at planning@auburnwa.gov or
253-931-3092.
Public Hearing: The meeting of the City of Auburn Hearing Examiner scheduled for January 23rd, 2024
at 5:30 PM at 25 W Main St. will be held virtually and telephonically. To attend the meeting virtually
please enter the meeting ID into the ZOOM app or call into the meeting at the phone number listed below.
Join Zoom Meeting
https://us06web.zoom.us/j/87633805542
Meeting ID: 87633805542
One tap mobile
EXHIBIT 4
29 of 85
NOTICE OF APPLICATION and NOTICE OF PUBLIC HEARING
MIS23-0012 (Continued)
Page 2 of 2
12532158782,,87633805542# US (Tacoma)
+12532050468,,87633805542# US
Any interested person is invited to appear and express comments or opinions on the proposed project.
Written comments may be emailed or mailed to the contact person above, at 25 W Main St., Auburn WA,
98001, or submitted at the public hearing.
For citizens with speech, sight, or hearing disabilities wishing to review documents pertaining to this
hearing, should contact the City of Auburn within 10 calendar days prior to the meeting, as to the type of
service or equipment needed. Each request will be considered individually according to the type of
request, the availability of resources, and the financial ability of the City to provide the requested services
or equipment.
Vicinity Map
Project Area
30 of 85
31 of 85
32 of 85
RE: 69881 - Request to Publish | MIS23-0016
Legals <legals@seattletimes.com>
Thu 1/4/2024 11:06 AM
To: Gabriel Clark <GClark@auburnwa.gov>
1 attachments (918 KB)
69881.jpg;
CAUTION: The following message originated from outside the City of Auburn. Be careful opening links and
attachments
Hi Gabriel,
This no ce is scheduled to publish on January 8, the total is $165. Proof is a ached.
Thank you!
Holly Bo s (she/her)
Legal Adver sing Representa ve
p: (206) 652-6604
e: hbo s@sea le mes.com
From: Gabriel Clark <GClark@auburnwa.gov>
Sent: Thursday, January 4, 2024 10:15 AM
To: Legals <legals@Sea le mes.com>
Subject: 69881 - Request to Publish | MIS23-0016
Good morning,
Please see my attached request to publish for the Seattle Times on Monday January 8th, 2024.
CODE QUESTIONS?
Book an online meeting: Virtual Permit Center - City of Auburn (auburnwa.gov)
Gabriel Clark, Planner
Department of Community Development
City of Auburn | www.auburnwa.gov
33 of 85
Office 253-470-2147| gclark@auburnwa.gov
Mailing Address: 25 W Main Street, Auburn, WA 98001
Permit Center Address: 1 E Main Street, Auburn, WA 98002 (Click Here for Map)
Customer Service Survey | Application Forms | Zoning Maps
The informa on contained in this electronic communica on is personal, privileged and/or confiden al
informa on intended only for the use of the individual(s) or en ty(ies) to which it has been addressed. If you read
this communica on and are not the intended recipient, you are hereby no fied that any dissemina on,
distribu on or copying of this communica on, other than delivery to the intended recipient is strictly prohibited.
If you have received this communica on in error, please immediately no fy the sender by reply e-mail. Thank you.
CAUTION: This email originated from outside of the organiza on. Do not click links or open a achments unless
you recognize the sender and know the content is safe.
”footer”" style="”background-color:" #ffeb9c;="" width:="" 100%;="" border:="" 1px="" solid=""
#FFEB9C;="" padding:="" 2pt;="" border-style:="" solid;="" border-color:="" #9C6500;?=""> CAUTION:
This email originated from outside of the organization. Do not click links or open attachments unless
you recognize the sender and know the content is safe.
34 of 85
35 of 85
36 of 85
Parcel No. (APN) 447200-0030Land Use RESIDENTIALSINGLE FAMILY RESIDENCEBuildings 1 BuildingBuilding Area 1,820 SFLot Area 6,000 SF (0.14 ACRES)ADDRESS: 905 23RD PL SEAUBURN, WA 98002Scale:1"=20'MySitePlan.comSite Plans When You Need ThemNTHIS IS NOT A LEGAL SURVEY, NOR IS IT INTENDED TO BE OR REPLACE ONEThis work product represents only generalized locations offeatures, objects or boundaries and should not be relied uponas being legally authoritative for the precise location of anyfeature, object or boundary.100'60'99.5'60'Property LineProperty LineProperty LineProperty LineExisting HouseDrivewayPatioSidewalk
23RD PL SEVicinity Map. Not to Scale4.1'5.5'30.1'Roof ProjectionRoof ProjectionRoof Projection12'12'2'2'ShedRoof Projection4.8'
5.2'36.8'14.1'
5.2'17.7'8'18'11.4'20.3'26.6'53.1'18'35.9'35'24.6'27.8'4.8'2'0' 10' 20'40'Graphic Scale5'EXHIBIT 537 of 85
AUBURN
VALUES
S E R V I C E
ENVIRONMENT
E C O N O M Y
C H A R A C T E R
SUSTAINABILITY
W E L L N E S S
C E L E B R AT I O N
ARVINDER KAUR
SPECIAL HOME
OCCUPATION PERMIT
MIS23-0016
HEARING EXAMINER MEETING
JANUARY 23, 2024
GABRIEL CLARK
Community Development and Public Works Department
Engineering Services ⚫ Administrative Services ⚫Environmental Services
Community Development Services ⚫Maintenance & Operations Services
EXHIBIT 6
38 of 85
Special Home Occupation permit to use an existing 130 square
foot workspace in the family’s residence to conduct a home -based
personal service business related to permanent makeup also known
as microblading.
The subject property will be used to establish a beauty studio. The
beauty studio's function will provide services such as microblading,
which is a semi -permanent form of cosmetic tattooing commonly
used for eyebrows.
The Property is zoned Residential 7 DU/Acre as are surrounding
properties of approximately .15 acres. Per Auburn City Code
Chapter 18.60, “home occupations” are permitted in the R -7 zone.
HOME OCCUPATION
PROJECT DESCRIPTION (MIS23 -001 6 )
39 of 85
SERVICE ⚫ ENVIRONMENT ⚫ ECONOMY ⚫ CHARACTER ⚫ SUSTAINABILITY ⚫ WELLNESS ⚫ CELEBRATION
MIS23 -0016 ARVINDER KAUR SPECIAL
HOME OCCUPATION
PROCEDURAL CONSIDERATIONS
In accordance with ACC 14.07.030 and .040
➢Application deemed complete in October 19,2023
➢Notice of Application (NOA)and Notice of Public Hearing (NOPH)
issued January 08,2024
➢Notices posted :
❑at site
❑mailed to adjacent property owners within 300 feet
❑published in the Seattle Times
40 of 85
AERIAL
MAP OF
AUBURN
Project
Location
41 of 85
SITE PLAN -BASEMAP
42 of 85
VICINITY MAP -AERIAL
43 of 85
SITE PLAN
44 of 85
SERVICE ⚫ ENVIRONMENT ⚫ ECONOMY ⚫ CHARACTER ⚫ SUSTAINABILITY ⚫ WELLNESS ⚫ CELEBRATION
MIS23 -0016 ARVINDER KAUR
EXISTING SINGLE -FAMILY RESIDENCE
45 of 85
18.60.040(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.
The special home occupation is triggered in this instance
since the business is classified as a personal service shop.
Under ACC 18.60.040.A.2
SPECIAL HOME OCCUPATION PERMIT
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18.60.020 Requirements.
A.Only members of the immediate family residing on the
premises and no more than one nonresident 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);
HOME OCCUPATION CODE
REQUIREMENTS
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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;
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;
HOME OCCUPATION CODE
REQUIREMENTS
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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, nonilluminated , and attached to a building,
except that home occupations in commercial or industrial
zones may have signs consistent with the applicable zoning
district;
HOME OCCUPATION CODE
REQUIREMENTS
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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 Saturday and Sunday,
▪2.Customers from 9:00 a.m. to 6:00 p.m.;
HOME OCCUPATION CODE
REQUIREMENTS
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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;
HOME OCCUPATION CODE
REQUIREMENTS
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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. (Ord. 6419 §6, 2012; Ord. 6141 §1, 2007; Ord.
5897 §21, 2005; Ord. 4229 §2, 1987.)
HOME OCCUPATION CODE
REQUIREMENTS
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Staff recommends that the Hearing Examiner approve the
Special Home Occupation Permit , MIS23 -0016, with the
following Conditions of Approval.
▪No. 1: The home occupation shall only have one employee and
have operating hours between the hours of 8:00 am –6:00 pm
Monday through Friday and from 9:00 am –6:00 pm on Saturday
and Sunday. And the home occupation shall only have customers
between the hours of 9:00 am –6:00 pm, both in accordance with
ACC 18.60.020(J).
▪No. 2: Traffic generated to 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 (ACC 18.60.020(K)).
RECOMMENDATION AND
CONDITIONS OF APPROVAL
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EXHIBIT 7
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AGENDA BILL APPROVAL FORM
HEARING EXAMINER
Agenda Subject/Title:
Special Home Occupation for
Green River Nursery
City File No. MIS23-0014
Date:
January 11, 2024
Department:
Community Development
DESCRIPTION:
Request for Special Home Occupation permit to conduct a home-based periodic retail nursery
business.
ADMINISTRATIVE RECOMMENDATION:
Hearing Examiner to conduct a public hearing and approve the Special Home Occupation
permit with conditions.
PROJECT SUMMARY:
Special Home Occupation permit for a home-based plant nursery business. The proposed home
occupation is proposed for an approximately 6.20 acre or 270,225 square foot property within
the R-5, Residential zone. The subject “Property” will be used to establish ‘Green River
Nursery’, a plant growing and retail sales nursery business on the site of an existing residence.
The business will include a bi-annual spring and fall weekend plant sales events. The purpose
of the Special Home Occupation application is to authorize an increase in the number of visitors
that are typically allowed for home occupations in accordance with Auburn City Code (ACC)
18.60.020. The property is fenced and extensively landscaped with trees and bushes that block
most of the view of the property from the street. Access to the property is from a paved driveway
off SE 299th St. The property has an existing 10 by 20 square foot shade house for the plants,
an 18 by 29 square foot plant propagation area and several 3-foot-high benches to display the
plants. Seven (7) off-street parking spaces will be provided on site.
LOCATION:
The Property is located at 13100 SE 299TH St, approximately 300 feet west of the intersection
of SE 299TH St and 132nd Ave SE. King Co. Parcel No. 0421059010. Within the quarter
Section SE 04, Township 21, Range 5. WM.
APPLICANT:
Matthew Jennings, Green River Nursery, 13100 SE 299th St, Auburn, WA 98092
PROPERTY OWNER:
Matthew Jennings, Green River Nursery, 13100 SE 299th St, Auburn, WA 98092
EXHIBIT 1
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Agenda Subject: Special Home Occupation Permit for Green River
Nursery– MIS23-0014
Date: January 11, 2024
Page 2 of 11
SPECIAL HOME OCCUPATION PERMIT
Green River Nursery
MIS23-0014
I. GENERAL INFORMATION:
Application Date: September 9, 2023
Applicant/
Property Owner: Matthew Jennings, Green River Nursery, 13100 SE 299th St,
Auburn, WA 98092
Project Description: Special Home Occupation permit for a home-based plant nursery
business. The proposed home occupation is located at a 6.20
acre or 270,225 square foot property within the R-5, Residential
zone. The subject “Property” will be used to establish Green River
Nursery, a plant nursery business. The business will include a bi-
annual spring and fall weekend plant sales event. The purpose of
the Special Home Occupation application is to request an
increase in the number of visitors that are typically allowed for
home occupations per Auburn City Code (ACC) 18.60.020. The
property is fenced and extensively landscaped with trees and
bushes that block most of the view of the property from the street.
Access to the property is from a paved driveway off SE 299th St.
The property has an existing 10 by 20 square foot shade house
for the plants, an 18 by 29 square foot plant propagation area and
several 3-foot-high benches to display the plants. Seven (7) off-
street parking spaces will be provided on site.
Proposed Location: The Property is located at 13100 SE 299TH St, approximately 300
feet west of the intersection of SE 299TH St and 132nd Ave SE.
King Co. Parcel No. 0421059010. Within the quarter Section SE
04, Township 21, Range 5. WM.
Parcel Numbers: 0421059010
Subject Property and Adjacent Property Zoning and Land Use:
Comprehensive Plan
designation Zoning classification Current Land Use
Project Site
Single Family
Residential
R-5, Residential Five
Dwelling Units Per Acre Single-family residence
North
Single Family
Residential
R-5, Residential Five
Dwelling Units Per Acre Single-family residence
South
Single Family
Residential
R-5, Residential Five
Dwelling Units Per Acre
State owned property
(unidentified)
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Agenda Subject: Special Home Occupation Permit for Green River
Nursery– MIS23-0014
Date: January 11, 2024
Page 3 of 11
West
Single Family
Residential
R-5, Residential Five
Dwelling Units Per Acre Single-family residence
East
Single Family
Residential
R-5, Residential Five
Dwelling Units Per Acre Single-family residence
Vicinity Map
II. SEPA STATUS:
The Project is exempt from the State Environmental Policy Act (SEPA) per Washington
Administrative Code (WAC) 197-11-800(13)(a) as a “business or regulatory license”.
III. FINDINGS OF FACT:
1. Matthew Jennings (the “Applicant” and property owner) submitted an application for a
Special Home Occupation Permit on September 9, 2023, to conduct a home-based retail
plant nursery business. The proposed business would be located on the site of an
approximately 5,600 sq ft home. The property contains an exisitng200 sq ft plant shade
house, a 522 sq ft plant propagation area, and with include a 810 sq ft plant sales and
display area consisting of several 3-foot-high benches. There will be a 228 sq ft office
located inside the home for administrative uses, which is not open to the public. The
business is proposing to have a bi-annual (spring and fall) weekend sales event. The
property consists of one parcel totaling approximately 6.20 acres.
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Agenda Subject: Special Home Occupation Permit for Green River
Nursery– MIS23-0014
Date: January 11, 2024
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2. Home occupations authorized by and subject to the standards of Chapter 18.60 ACC
“Home Occupations” are permitted within the R-5, Residential zone.
3. The comprehensive plan designation of the two parcels is “Single Family Residential”.
This designation is implemented by the zoning classification of the site as “R-5,
Residential Five dwelling units per acre”.
4. The stated purpose of the R-5, Residential zone is as follows:
“ ACC 18.07.010 Intent.
D. R-5 Residential Zone – Five Dwelling Units per Acre. The R-5 single-family
residential zones are intended to create a living environment of optimum standards
for single-family dwellings. It is further intended to achieve development densities of
four to five dwelling units per net acre. This zone will provide for the development of
single-family detached dwellings and for such accessory uses as are related,
incidental and not detrimental to the single-family residential environment.”
5. 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.”
1. In accordance with the City’s home occupation regulations (ACC 18.60.040(C)), any home
occupation that can only meet 11 or 12 of the 13 requirements require an approved Special
Home Occupation Permit to be granted by the Hearing Examiner, and must meet a
minimum of 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.
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Date: January 11, 2024
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D. That such occupation shall not require internal or external alteration or involve
construction features not customarily found in a dwelling.
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 Saturday and Sunday;
2. Customers from 9:00 a.m. to 6:00 p.m.
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.”
6. The purpose of the Special Home Occupation Permit request is to seek approval to
increase the maximum number of visitors allowed for two days out of the week; one of
the general criteria for home occupations, ACC 18.60.020(k), provides that home
occupations that do not operate by appointment only are only allowed a maximum of 5
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Date: January 11, 2024
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(two-way) client/delivery trips per day. This request seeks to increase the limit of 5 trips
to 10 trips for Friday and Saturday only.
7. The proposed hours of operation are Monday-Sunday from 10 AM to 4 PM. The majority
of sales will occur online, with customers visiting the site for pick-up of purchased
products.
8. The home occupation will employ only the residents of the single-family residence.
9. The home occupation business is also requesting to have two annual weekend sales
events for spring and fall. The spring event would occur approximately mid-April and the
fall event would be approximately mid-September; the hours of operation proposed for
the bi-annual weekend sales events are 10 AM to 4 PM. The Applicant expects
approximately 30-50 visitors for the duration of the spring event and approximately 20-30
at the fall event. As a part of the bi-annual sales event the Applicant has requested
approval to display an approximately 32 sq ft “Plant Sale” banner sign adjacent to 132nd
St for three weeks prior to the sales event and taken down immediately after. The bi-
annual weekend sales event component of the business will be regulated under a
Temporary Use Permit, this will be discussed later in this staff report under the
Conditions of Approval.
10. Staff conducted a site visit on January 10, 2024, to verify the existing site conditions.
11. Per ACC Table 18.52.020, “Off-Street Parking Requirements by Land Use”, two (2) off-
street parking spaces are required to remain serving the single-family dwelling.
12. A combined Notice of Application and Notice of Public Hearing (“Exhibit 4”) was issued
on January 6, 2024. The 15-day public comment period for the Notice of Application
began on January 6 and ended on January 21, 2024. No written public comments have
been received by the time of writing this report. Any written comments that are
subsequently received by the Dept. will be provided at the hearing.
13. The public hearing notice was issued a minimum of 10 days prior to the public hearing
as required by ACC 2.46.130. The notice was also posted at the Site and mailed to
adjacent property owners within 300 feet of the Site, as required. See (“Exhibit 5”) for
Affidavits.
IV. CONCLUSIONS:
The city’s home occupation regulations, ACC 18.60.040, provide certain criteria for approval of
a Special Home Occupation Permit. The following is a list of these criteria (in italics) and staff
analysis of how the Project compares to the criteria:
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:
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Date: January 11, 2024
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6. Home occupations that can only meet 11 or 12 of the 13 requirements as outlined in
ACC 18.60.020 (A) though (M).
Staff Analysis
The home occupation is for an outdoor plant nursery retail business which meets 12 of the
13 home occupation requirements per ACC 18.60.020(A) though (M).
A. The Applicant/property owners are the only employees that will work at Green River
Nursery.
Staff finds that the home occupation meets criteria ACC 18.60.020(A).
B. The Applicant states that no mechanical equipment will be used in the operation of the
home occupation.
Staff finds that the home occupation meets criteria ACC 18.60.020(B).
C. The business activities will be primarily outside, which includes a plant propagation area,
shade house, and display benches. However, the Applicant will utilize a 228 sq ft office
within the existing 5,600 sq ft home for online sales and administrative tasks associated
with the business. The floor area of the dwelling is approximately 3,500 sq ft; the 228 sq
ft office is not more than one-fourth or 25% of the floor area of the building.
Staff finds that the home occupation meets criteria ACC 18.60.020(C).
D. No interior or exterior alternations to the home are proposed. The shade house and plant
propagation area are existing on the site and have been previously used by the property
owners for personal gardening purposes. No changes to the home or the accessory
structures on the site are proposed for the purposes of the Special Home Occupation.
Staff finds that the home occupation meets criteria ACC 18.60.020(D).
E. The Applicant states that the home occupation will not involve the use of commercial
vehicles, which are defined in ACC 18.04.245 which includes semi-truck tractors and/or
semi-trailers over 26,001 pounds gross vehicle weight.
Staff finds that the home occupation meets criteria ACC 18.60.020(E).
F. The home occupation will not reduce or render unusable areas provided for required off-
street parking. The two parking spaces required for a single-family residence will not be
altered or impacted by the proposal. The Applicant/property owners personal parking
area is separate from the existing gravel area on-site that will be utilized for seven (7)
off-street parking spaces for visitors. The Property has ample space for parking for the
daily operations of the business, given that most visitors will be visiting the site to pick up
items they purchased online. On Friday and Saturday, the maximum number of visitors
allowed will be 10, so the parking area on site will be able to accommodate the visitors
on these days. The Applicant anticipates the parking area to be sufficient for the bi-
annual events, with the possibility of a few vehicles needing to park in front of the house
off of 299th St. Street parking is allowable off of 299th St, so limited overflow parking is
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Nursery– MIS23-0014
Date: January 11, 2024
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not anticipated tocause any adverse impacts to the neighborhood, however, the bi-
annual weekend sales events will be regulated through a Temporary Use Permit that will
track the number of visitors and monitor the parking situation for the weekend sales
portion of the business. Parking needs can be re-examined annually at the time of
Temporary Use Permit submittal and review.
Staff finds that the home occupation meets criteria ACC 18.60.020(F).
G. The Applicant proposes to have an 18 by 24-inch non-illuminated business sign located
inside of the front gate to the property, which is allowable under ACC 18.60.020(G).
Staff finds that the home occupation meets criteria ACC 18.60.020(G).
H. The home occupation will not involve any display of signs except for the allowable 18 by
24-inch sign discussed under criteria G. However, the Applicant requests to have an
approximately 32 square foot temporary banner sign to advertise the bi-annual weekend
sales events. The banner sign for the bi-annual sales events is not a permanent
component of the proposed business and it will be regulated under the Temporary Use
Permit for the weekend sales events.
Staff finds that the home occupation meets criteria ACC 18.60.020(H).
I. The Applicant does not propose animals as part of the home occupation.
Staff finds that the home occupation meets criteria ACC 18.60.020(I).
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 Saturday and Sunday,
2. Customers from 9:00 a.m. to 6:00 p.m.;
The proposed hours of operation are 10 AM to 4 PM for Monday-Sunday.
Staff finds that the home occupation meets ACC 18.60.020(J).
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. The proposed business will
comply with the maximum of five trips per day for all days except for Friday and
Saturday, which will have a maximum of 10 (two-way) client/delivery trips.
Also, the maximum number of visitors will likely be exceeded on the two-day, Spring and
Fall Weekend Sales Events. This exceedance is proposed to be managed through a
condition of the Special Home occupation for an annual Temporary Use Permit
application.
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The increase in visitors requested for Friday and Saturday is what triggered the Special
Home Occupation Permit application.
Staff finds that the home occupation does not meet ACC 18.60.020(K), but the
exceedance can be authorized by the Hearing Examiner through this Special Home
Occupation permit.
L. No outdoor storage is proposed. This is an outdoor plant nursery, so the nursery area
and plants are located outside. However, there are no new proposed separate business-
related structures, other than a several 3-foot-high display benches for the plants in
association with the weekend sales events. The use of the property to grow plants is
allowable in accordance with ACC 18.07.020, which provides that “Agricultural type uses
are permitted provided they are incidental and secondary to the single-family use”. The
existing plant propagation and display area are incidental to the single-family home and
are allowable, therefore this is not considered ‘outdoor storage’ associated with the
Special Home Occupation.
Staff finds that the home occupation meets criteria ACC 18.60.020(L).
M. No exterior changes are proposed. The business is an outdoor plant nursery, and will be
utilizing an existing plant propagation area, and shade house. The accessory structures
including the shade house and propagation area are existing on-site and have been
utilized by the property owners for personal gardening purposes, therefore, they are not
deemed as exterior changes for the Special Home Occupation. The gravel parking area
on-site is existing; the only change as part of the Special Home Occupation permit is that
the gravel area will be marked off for seven (7) designated parking stalls.
Staff finds that the home occupation meets ACC 18.60.020(M).
Staff finds the request meets the criterion, as conditioned herein.
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.
Staff Analysis
Authorization of the Special Home Occupation Permit for the home occupation 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 observance of the staff recommended conditions. The
home occupation meets 12 out of the 13 criteria of ACC 18.60.020(A) through (M), and the
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Date: January 11, 2024
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business license will be conditioned to ensure that at least 12 out of the 13 criteria are met
and to account for any potential materially detrimental impacts from the inability to meet 1 of
the 13 criteria, as addressed in ‘Staff Analysis of Section IV. “CONCLUSIONS”.
As consistent with the purpose of home occupations, the home occupation is undertaken for
gain or profit from the plant nursery that is accessory to the 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, it is also not detrimental to
single-family residential environment and consistent with the intent of the R-5 zone.
STAFF FINDS THE REQUEST MEETS THE CRITERION, AS CONDITIONED HEREIN.
V. STAFF RECOMMENDATION:
Based upon the application, accompanying materials, Findings of Fact, and Conclusions of
the staff report, staff recommends that the Hearing Examiner approve the Special Home
Occupation Permit, MIS23-0014, subject to the following Conditions of Approval.
VI. CONDITIONS OF APPROVAL:
1. Traffic generated to the home occupation shall be limited to a maximum of five (two-way)
client/delivery-related trips per day for Sunday through Thursday, and a maximum of 10
(two-way) client/delivery trips per day for Friday and Saturday.
Bi-Annual Weekend Sales Event:
2. The Applicant/property owner(s) shall submit a Temporary Use Permit at least one
month prior to the Spring Event that covers the scope of both the Spring and Fall
Weekend Sales Event(s). As part of the Temporary Use Permit, the Applicant shall
collect data on both events including the following information: the number of attendees
and estimated number of vehicles that park at the site and if on-street parking was
needed during the events or not. This information shall be submitted to the City after the
Fall Event to be analyzed with the Temporary Use Permit application for the following
year. The City of Auburn will require the Temporary Use Permit to be submitted for the
first two years that the business is operating. After the first two years Staff will review the
Event data collected and reexamine if the Weekend Sales Events are causing any
adverse traffic related impacts, and at that time the City will decide if the Temporary Use
Permit will still be required annually, or if the Business License can be re-conditioned to
account for any future impacts of the Weekend Sales Events.
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.
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Date: January 11, 2024
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VII.EXHIBIT LIST:
Exhibit 1 Staff Report to Hearing Examiner
Exhibit 2 Special Home Occupation Permit Application Form
Exhibit 3 Applicant's Response to Criteria and Written Statement
Exhibit 4 Combined Notice of Application and Notice of Public Hearing
Exhibit 5 Affidavits of Noticing
Exhibit 6 Site Plan, Floor Plan, Plant Area Detail
Prepared by: Alyssa Tatro, Planner II
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Page 1 of 2
CITY OF AUBURN
Land Use Application #1373672 - Home Plant Nursery
EXHIBIT 2
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Project Contact
Company Name:Green River Nursery
Name:Matthew Jennings Email:mj2543@gmail.com
Address:13100 SE 299th St Phone #:(415) 370-7468
Auburn WA 98092
Project Type Activity Type Scope of Work
New None Home Occupation
Project Name:Home Plant Nursery
Description of Work:Small home plant nursery
Project Details
Development Type
Residential
Page 2 of 2
CITY OF AUBURN
Land Use Application #1373672 - Home Plant Nursery
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Jurisdiction:Auburn
Project Name: Home Plant Nursery
Application ID: 1373672
Supplemental Name: Special Home Occupation Review Criteria
Per ACC 18.60.020, Home Occupations are required to meet the following requirements, please address each of them and state how
this proposal is consistent. Note that a minimum of 11 of the 13 criteria need to be met to qualify for a Special Home Occupation.
Provide a complete description of the proposed use.
A small home nursery selling landscape and vegetable garden plants to neighbors and the local community, that are primarily
grown on-site.
Only members of the immediate family residing on the premises and no more than one nonresident 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.
The proposal complies with this requirement as the business will not employ any non-residents, nor anyone not an immediate
family member residing onsite.
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).
The proposal complies with this requirement, as the nursery will not use any mechanical equipment.
Not more than one-fourth (25%) of the floor area of any building is devoted to such occupation, except for bed and breakfasts.
Most plant nursery activity occurs outside. A private home office is located inside of the 5,600 sq.ft. home, encompassing a
single room that is 228 sq. ft. This proposal complies with this requirement as the home office is only 4% of the total building
floor area.
That such occupation shall not require internal or external alteration or involve construction features not customarily found in
a dwelling.
This proposal complies with this requirement.
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.
This proposal complies with this requirement.
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.
The proposal complies with this requirement, as the 6.2-acre property has off-street customer parking on a gravel lot for 9+
vehicles. For two annual weekend plant-sales events (spring & fall) that may attract more visitors, I will apply for a Special
Events Permit if these events are not already exempted by Ord. 2.23.040(B)(5): Temporary and Seasonal Sales.
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.
The proposal complies with this requirement as the nursery will only have one permanent 18"x 24" non-illuminated business
sign located inside the front gate of the property.
EXHIBIT 3
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No display pertaining to the occupation, other than the one permitted sign, is visible from the street or adjacent residences.
This proposal complies with this requirement. Twice a year (spring and fall), I would like to display a temporary "Plant Sale"
banner on my property facing 132nd Ave as allowed via Ord. 18.56.030(B): Temporary Special Event Banners. This banner
will advertise the upcoming plant sales event and will be displayed 3 weeks before each event and removed immediately after.
No more animals are maintained on the premises than what may otherwise be permitted in the zone.
This proposal complies with this requirement.
Except for bed and breakfasts, employee and customer visits shall be limited to the following hours of operation:
● Employees from 8:00 AM to 6:00 PM Monday through Friday and from 9:00 AM to 6:00 PM on Saturday and Sunday,
● Customers from 9:00 AM to 6:00 PM.
This proposal complies with this requirement.
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
occupation shall be limited to five (two-way) client/delivery trips per day.
For two days each week (Fridays and Saturdays from 10am-4pm) I am requesting approval to increase the maximum number
of customers permitted on site each day from the current 5. This will allow me to open the nursery on these two days to the
public without appointments. Since none of the nursery, sales, and parking areas are visible from the street, and because we
have no neighbors immediately outside of the property entrance, I anticipate impact to the surrounding neighborhood to be
minimal to none.
Outdoor storage of materials, goods, products or equipment is not allowed.
This is an outdoor plant nursery, so the nursery area and plants are located outside. However, there are no separate
business-related structures, other than a potting table and several 3-foot-high display benches for the plants. The parking,
sales, and nursery areas are located in the upper middle of the heavily landscaped and treed 6.2 acre property, with none of
these areas visible from the street.
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.
This proposal complies with this requirement, as all nursery-related elements are hidden from view of the residential property,
except for the 18"x 24" business sign at the entrance to the property.
Per ACC 18.60.040(B), in reviewing applications for special home occupations, the Hearing Examiner will consider the
following criteria. Please provide a response to these criteria and explain how your Special Home Occupation (or proposal)
complies.
● The nature and condition of all adjacent uses and structures.
The intention of this small backyard plant nursery is to provide a place for local neighbors and fellow gardeners to browse and
purchase landscape plants and starts for their vegetable garden. While there are no separate structures constructed for this
nursery, the few nursery-related items such as propagation table, plant benches and shade cover are new and painted dark
brown to blend into the surrounding forested area of the property where they are located.
● The use will be materially detrimental impacts to public welfare or injurious to property in the zone or vicinity in which the
property is located
This nursery is located on a heavily-landscaped 6-acre corner parcel and is completely hidden from the street. Unlike
higher-density subdivisions in Auburn, this property is the only residence on this stretch of 299th, as the other side of the street
is undeveloped, so the street is private and quiet. I expect little to no materially detrimental impacts to the surrounding
neighborhoods, their character, or peace from activities or traffic associated with this business. Most residents in nearby
communities may not even know the nursery is there, other than the small, approved sign by its entrance.
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● Consistency with the spirit and purpose of ACC Title 18 (Zoning).
This nursery and request for a special occupation permit aligns with the spirit and purpose of Title 18 (Zoning). By its nature,
this is a quiet business with the sole activity of browsing and purchasing plants. Because we have no neighbors outside the
front of our property, nor separate structures erected, nor will there be additional noise created, and because the small nursery
is completely hidden from view from neighbors and the street, I anticipate little to no negative impact to the surrounding
communities, neighbors, or passers-by.
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SPECIAL HOME OCCUPATION
WRITTEN STATEMENT
Green River Nursery
13100 SE 299th Street, Auburn
Parcel No. 042105 9010
Background
Business Description
A small home nursery selling landscape and vegetable garden plants to neighbors and the local
community that are primarily grown on-site.
Location Detail
The business is located on a 6.2-acre lot in the northeast section of Lea Hill. The corner-lot property
borders 132nd Avenue and SE 299th Street, with the property’s entrance on SE 299th. The property
is fenced and extensively landscaped with trees and bushes that block most of the view of the
property from the street. Access to the property is via a long, paved driveway secured by an
automatic gate. This property is the only residence on this section of 299th, with an undeveloped,
state-owned 10-acre lot across the street.
Buildings and Structures
A private residence is located on this property however, it will not be used or accessible to
customers. Rather, most business will take place in a small outdoor nursery and plant sales area
located towards the upper center of the property. There are no separate structures associated with
this home nursery business, other than a 10x20 foot temporary shade covering and several
3-foot-high benches where plants are displayed and cared for. None of these items are viewable
from the street. A private, one-room home office for the nursery is located inside of the main
residence.
Parking
Customers and visitors will park in a gravel off-street parking area near the center of the property
and adjacent to the nursery sales area. This parking area will have seven (7) marked parking spots.
For occasional special events, like the twice-yearly weekend plant sale, the on-site parking will
accommodate the majority of the visitors, however, a few vehicles may need to park on 299th Street,
right in front of the property. As we are the only house on this section of 299th Street, and both sides
of the street are nearly always empty of vehicles, I expect there to be no negative impact on parking
for nearby neighbors.
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Request for Special Home Occupation Permit
I’m requesting a Special Home Occupation permit to allow for two items not available with the
standard Home Occupation:
1. For two days each week, increasing the limit of visitors allowed onsite from five per day to
ten (10), so that I could open my nursery without appointments on these two days. (On
average throughout the year, I expect to typically see between 0 to 3 visitors per day.)
2. Permission to display a “Plant Sale” banner on 132nd Street twice a year (spring & fall). The
banner advertising the event would be displayed about 3 weeks prior to the event then
removed immediately after.
Increase the Limit of Visitors Allowed Two Days per Week
Small, boutique plant nurseries attract gardeners from local and nearby communities who shop for
landscape plants when they are either in the area or swing by to simply browse what’s new or in
bloom. Consequently, these customers don’t usually shop for plants via scheduled appointments.
Allowing me to open my nursery a couple of predetermined days per week (like Friday and Saturday
from 10am-4pm) and removing the current limit of 5 customers per day on these days would allow
my customers to more easily stop by when they’re in the area, as they’d know I’m open these days.
Since the nursery, parking and sales area are not visible from outside the property, and because we
don’t have any immediate neighbors outside of the property entrance, I anticipate impact to the
neighborhood character would be minimal to none.
Display “Plant Sale” Banner Twice a Year
Nurseries, local garden clubs and botanical gardens frequently hold scheduled plant sales each
year. For local gardeners, these are important events where they can secure their favorite tomato
and veggie starts and get their hands on the latest landscape plant varieties. I’d like to hold two plant
sales each year (spring and fall) and advertise these to the local neighbors via a banner on my
property facing 132nd Street. This banner would be less than 32 square feet and would be put up
around 3 weeks before the 2-day plant sale and taken down immediately once the sale ends.
Spring and Fall Plant Sales Events
● The spring plant sale will take place on the second or third weekend of April,
depending on how cold/wet the preceding winter was; the fall plant sale will take
place on either the first or second weekend in September.
● Hours for both plant sales are 10am-4pm, similar to other local plant sales such as at
Soos Creek Botanical Garden (across the street), and the Auburn Garden Club plant
sale at Les Gove Park.
● Over the event weekend, I expect there to be 30-50 visitors at the spring plant sale,
and about 20-30 at the fall plant sale.
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NOTICE OF APPLICATION (NOA)
NOTICE OF PUBLIC HEARING (NOH)
Green River Nursery Special Home Occupation
MIS23-0014
The City of Auburn is issuing a Notice of Application (NOA), and a Notice of Public Hearing (NOH) for the
following described project. The applications and listed studies may be reviewed at the Auburn
Department of Community Development at One E Main St., 2nd Floor, Customer Service Center, Auburn,
WA 98001 and by visiting www.auburnwa.gov/landuse.
Proposal: Special Home Occupation permit for a home-based plant nursery business. The proposed
home occupation is located at a 6.20 acre or 270,225 square foot property within the R-5, Residential 5
dwelling units per acre, zoning district. T he subject “Property” will be used to establish Green River
Nursery, a plant nursery business. The proposed hours of operation are Monday-Sunday from 10 AM to 4
PM. The business will include a bi-annual spring and fall weekend plant sales event. The purpose of the
Special Home Occupation application is to request an increase in the number of visitors that are typically
allowed for home occupation’s per Auburn City Code (ACC) 18.60.020. The increase in visitors allowed is
proposed for two days a week (Friday and Saturday). The property is fenced and extensively landscaped
with trees and bushes that block most of the view of the property from the street. Access to the property is
from a paved driveway off of SE 299th St. The property will have a 10 by 20 square foot shade house for
the plants, an 18 by 29 square foot plant propagation area and several 3-foot-high benches to display the
plants. Seven (7) off-street parking spaces will be provided on site.
Location: The Property is located at 13100 SE 299TH St, off SE 299TH St and 132nd Ave SE. King Co.
Parcel No. 0421059010. Within the quarter Section SE 04, Township 21, Range 5. WM.
Notice of Application: January 6, 2024
Application Complete: October 7, 2023
Permit Application: September 9, 2023
File Nos. MIS23-0014
Property Owner/Applicant: Matthew Jennings
Green River Nursery
mj2543@gmail.com
13100 SE 299th St
Auburn, WA 98092
Studies/Plans Submitted With Application:
•Site Plan, November 29, 2023.
•Floor Plan, September 9, 2023
•Parking and Nursery Detail, November 30, 2023.
Statement of Consistency and List of Applicable Development Regulations: This proposal is
subject to and shall be consistent with the Auburn City Code, Comprehensive Plan, and Public Works
Design and Construction Standards.
Public Comment Period All persons may comment on this application. Comments must be in writing and
received by the end of the 15-day comment period at 5:00pm January 21, 2024 to the mailing address of
25 W Main St., Auburn, WA, 98001 or to the contact email address below. Any person wishing to become
a party of record, shall include in their comments that they wish to receive notice of and participate in any
hearings, request a copy of decisions once made, and be made aware of appeal rights. For questions
EXHIBIT 4
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NOTICE OF APPLICATION and NOTICE OF PUBLIC HEARING
MIS23-0014
Page 2 of 3
regarding this project, please contact Alyssa Tatro, Planner II, at planning@auburnwa.gov or 253-804-
5031.
Public Hearing: The meeting of the City of Auburn Hearing Examiner scheduled for January 23, 2024 at
2 PM at 25 W Main St. will be held virtually and telephonically. To attend the meeting virtually please
enter the meeting ID into the ZOOM app or call into the meeting at the phone number listed below.
Join Zoom Meeting
https://us06web.zoom.us/j/88227920327
Meeting ID: 882 2792 0327
One tap mobile
+12532158782,,88227920327# US (Tacoma)
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Dial by your location
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Meeting ID: 882 2792 0327
Find your local number: https://us06web.zoom.us/u/kdQhh0uJTs
Any interested person is invited to appear and express comments or opinions on the proposed project.
Written comments may be emailed or mailed to the contact person above, at 25 W Main St., Auburn WA,
98001, or submitted at the public hearing.
For citizens with speech, sight, or hearing disabilities wishing to review documents pertaining to this
hearing, should contact the City of Auburn within 10 calendar days prior to the meeting, as to the type of
service or equipment needed. Each request will be considered individually according to the type of
request, the availability of resources, and the financial ability of the City to provide the requested services
or equipment.
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NOTICE OF APPLICATION and NOTICE OF PUBLIC HEARING
MIS23-0014
Page 3 of 3
Vicinity Map:
Site Plan:
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AFFIDAVIT OF MAILING OF LEGAL APPLICATION NOTICE
Application Number: MIS23-0014
Property Owner: Matthew Jennings
Green River Nursery
13100 SE 299th St
Auburn, WA 98092
Applicant’s Representative: Matthew Jennings
Green River Nursery
13100 SE 299th St
Auburn, WA 98092
Location: The Property is located at 13100 SE 299TH St, off SE
299TH St and 132nd Ave SE. King Co. Parcel No.
0421059010. Within the quarter Section SE 04,
Township 21, Range 5. WM.
Closing Date for Public Comments: January 21, 2024
I certify that on or before January 6, 2024, I did send a Notice of Application and a Notice of Public
Hearing for the above referenced application, as required by Auburn City Code 14.07.040, to all
property owners located within 300 feet of the affected site. Said Notice was mailed pre-paid
stamped through the United States Postal Service 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.
Alyssa Tatro, Planner II
EXHIBIT 5
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SITE PLAN Parcel No. 042105 9010
236’124’120’283’31’213’545’100’170’401’
150’
Stormwater
Pond
SE 299th St 132nd AvePrivate
Residence
Gravel
Parking
7 spaces
Plant Sales Area
Plant
Nursery
Driveway Gate
Proposed 18”x24”
business sign location
6’ Wooden
Fence
4’ Split Rail
Fence
N
Proposed
30 sq.ft. special
events banner
location
Paved driveway
Undeveloped State Land
(10 acres)105’2
”74’6”57’7”
Auburn
Parcel Location
Scale 1”-100’Updated November 29, 2023Page 1 of 2
EXHIBIT 6
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SITE PLAN (Parking & Nursery Detail) Parcel No. 042105 9010
124’120’283’
Private
Residence
6’ Wo
o
d
e
n
F
e
n
c
e
Updated November 30, 20239’x22’12’
28.6’49’
5
6
’45’17’26’25’51’57’24’32’9’x22’9’x19’
9’x19’
9’x19’
9’x19’
9’x19’
SE 299th St 132nd AveN
DETAIL AREA
20’10’
9’
29’18’
7
2
.
5
”90’16.5
”
Propag
a
t
i
o
n
A
r
e
a
Shade
H
o
u
s
e
Plant Sales Area
Plant Nursery Area14’
2
2
’
28
’
Page 2 of 2
6
4
’
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