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HomeMy WebLinkAbout07-17-2001HEARING EXAMINER MINUTES JULY 17, 2001 The meeting of the Auburn Hearing Examiner was held on July 17, 2001 at 7:00 p.m. in the Council Chambers of the Auburn City Hall. Those in attendance were as follows: HEARING EXAMINER: Diane L. VanDerbeek STAFF: Jeff Dixon and Carolyn Brown Ms. VanDerbeek called the meeting to order at 7:05 p.m. explaining the order of procedures and swore in staff and those in the audience intending on testifying. PUBLIC HEARINGS: 1. APPLICATION NO. MIS01-0004 Hearing Examiner opened the public hearing. Planner Jeff Dixon presented the staff report. Lori Courtney-Krumm has requested a special home occupation permit to allow massage therapy inside her home located at 2815 Skyway Lane. The zone where Lori Courtney-Krumm lives has uses defined under City Code as personal service shops, such as a hairstylist, custom tailor, and similar activities. Massage therapy is consistent with the personal service shops definitions. This may be allowed if approved by Hearing Examiner. The business will only be open Monday through Friday and will have 8 to 10 clients daily. She has stated that this will be part time on an appointment basis, with no walk-ins. The home has a two car garage attached and additional drive way parking for two cars. An extended paved area also can be used. The City has approved a number of these types of applications in this and similar neighborhoods, i.e. hair stylist, home massage therapists, etc. They have usually caused no concern by neighbors. These businesses are usually very small in scale. Planner Dixon also submitted to the Hearing Examiner, four comment letters that are objecting to or have concerns with the application. The applicant has indi(~ated that they will not have a sign. He reviewed the conditions. Mr. Clarence Courtney, the husband of Lori Courtney-Krumm, wished to speak on behalf of his wife and he would like to clear up some inaccuracies. He agrees that the house is on a corner lot and it is also a busy corner. However, there is parking for approximately 8 vehicles. He understands that the main concern of the neighbors was on-site parking. They will not allow parking on the street and will instruct the clients to park in one location. Because they will only be taking clients by appointment, there will not be a sign or advertising. This should also ensure a safe and reliable client base. They will be taking referrals from physicians and other therapists and both will solicit clients from their work. She is now a licensed massage therapist. They found that to rent an office space is expensive. She will be using the family room for the office, which has two separate entrances. The Hearing Examiner asked for more information on the extra paved area. Mrs. Courtney-Krumm responded by stating that the extended paved parking was for a boat and RV that was paved by the previous owners. Evelyn Clair of 3050 15~ street SE stated that she has lived in the area 33 years. As she drove by and then stopped to pick up notice of hearing, she was almost hit by another vehicle going by. She thinks there should not be a sign and thinks no products should be sold out of the home. Wayne Backlund 2030 14th Street SE has lived in the neighborhood for 29 years. He is not opposed to the business being a massage therapist. 'However, thinks this is a family area and will provide traffic problems, so he is against her having the business in her home. There is a garage next to the applicant's house that tows and repairs cars. PAGE 1 HEARING EXAMINER MINUTES JULY 17, 2001 The Hearing Examiner swore in Nell Heck of 1412 Elm Street as he did not stand to be sworn in at the start of the Public Hearing. He does not want a sign in the front yard and knows the parking is adequate and does not think the number of clients she is projecting will cause any traffic problems. He has no objection to the application. The Hearing Examiner commented on the tow truck issue in the neighborhood and she asked if the City could send out the Code Enforcement Officer. Planner Dixon stated that the City will investigate if they are notified. The Hearing Examiner asked for rebuttal and Mr. Courtney asked to respond to some of the comments. Mr. Courtney indicates on the map that the man with the tow truck does not live next door but lives across the way. He said he hopes tonight that he can make the audience understand about the massage therapy business and how the references will be from chiropractors, therapist, people with chemical allergies and asthma. One other neighbor has a business in her house, ie. a hair styling salon. He believes that the neighbor who commented against the business has personal issues as she has also asked the Courtney- Krumms to remove political signs from the yard. The Hearing Examiner then received the comment letters into the record, as Exhibit 2. Exhibit 1 will be the staff report. The public hearing was closed. The Hearing Examiner will issue her written decision within 10 days. 2. APPLICATION NO. PLT01-0001 Hearing Examiner opened the public hearing. Planner Jeff Dixon presented the staff report. Evergreen Tucci Partners has requested preliminary plat approval of 77 lot single family subdivision. The subject site is located on the west side of Lakeland Hills Way in Pierce County. The site is on the recently annexed portion of Lakeland South in Pierce County. Planner Dixon indicated the location on the map. This proposal is consistent with the City's adopted PUD for Lakeland Hills South approved as moderate density residential. The Hearing Examiner had a question about lot size and Planner Dixon stated the lot sizes have been met in accordance with the Zoning Code. The Parkway also needs to be completed before there are 800 pm peak hours vehicle trips. A park land dedication is also required to be dedicated. Additional park land will need to be dedicated at 801 units. Auburn is to provide police and fire service, sewer and storm, while the water will come from Bonney Lake. Staff has evaluated the project for consistency and is recommending approval with five conditions which were reviewed. Dennis Hanberg of Apex Engineering spoke as the representative of Evergreen-Tucci. They hope to dedicate 15 acre park by the end of 2001. He does not have objections to the conditions of approval.. Brian McCabe of Evergreen-Tucci also spoke regarding the lot sizes and houses sizes. There was a discussion on the size of each housing unit and the amenities. There was no public testimony and the public hearing was closed. Hearing Examiner will issue the written decision within 10 days. ADJOURNMENT: With no further items to come before the Hearing Examiner, the meeting was adjourned at 7:40 p.m. HE~AGNDWIIN07-2001 PAGE 2