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HomeMy WebLinkAboutMIS10-0005
* *
CITY OF_ .
. G~ • ~ ;BU ' ~ AGENDA BILL APPROVAL FORM
/ WAShIINGTON
Aqenda Subiect: Public Hearing Application No. MIS10-0005 Date:
4/13/2010
Department: Planning and Attachments: Please refer to Exhibit Budget Impact: NA
Development List
Administrative Recommertdation:
Hearing Examiner to approve the Special Home Occupation based upon the Findings of Fact, and
Conclusions and Conditions as outlined.
Backaround Summarv:
OWNER/APPLICANT: Denise Foster Scott (applicant), Davis and Lois Foster (owners)
REQUEST: Special Home Occupation Permit to allow massage therapy as a home
occupation in the R-20 (Residential 20 DU/Acre) zoning district
LOCATION: 418 3rd St. NE
Aubum, WA 98001
Parcel Number 2100200020
EXISTING ZONING: R-20 (Residential 20 DU/Acre)
EXISTING LAND USE: A single family residence on 0.11 acres
COMPREHENSIVE PLAN
DESIGNATION: High Density Residential
SEPA STATUS: Exempt
Reviewed by Council & Committees: Reviewed by Departments & Divisions:
❑ Arts Commission COUNCIL COMMITTEES: Z Building ❑ M&O
❑ Airport ❑ Finance ❑ Cemetery ❑ Mayor
n Hearing Examiner ❑ Municipal Serv. ❑ Finance ❑ Parks
❑ Human Services ❑ Planning 8 CD Z Fire 0 Planning
❑ Park Board ❑ Public Works ❑ Legal ❑ Police
❑ Planning Comm. ❑ Other Z Public Works ❑ Human Resources
Action:
CommitteeApproval: ❑Yes ❑No
Council Approval: ❑Yes ❑No Call for Public Heanng
Referred to Until
Tabled Until
Councilmember: Staff: Wa ner
Meetin Date: A ril 21, 2010 Item Number:
Exhibit 7
AUBURN * MORE THAN YOU IMAGINED
Aqenda Subiect Public Hearing MIS10-0005 Date: •
4/13/2010
The Comprehensive Plan designation, zoning designation and land uses of the surrounding properties
are:
Comprehensive Zoning Land Use
Plan
Site High Density R-20 Residential 20 Single Family Home
Residential dwellin units/acre
North High Density R-20 Residential 20 Single Family Homes
Residential dwellin units/acre
South High Density R-20 Residential 20 Single Family Homes
Residential dwellin units/acre
East High Density R-20 Residential 20 Single Family Homes
Residential dwelling units/acre
Neighborhood
Public Use I Institutional Church
Auburn Hi h School
West High Density R-20 Residential 20 94 unit
Residential dwelling units/acre condominiums
EXHIBIT LIST
Exhibit 1 Staff Report
Exhibit 2 Vicinity Map
Exhibit 3 Application
Exhibit 4 Notice of Application and Public Hearing
Exhibit 5 Affdavit of Posting
Exhibit 6 Affdavit of Mailing
Exhibit 7 Confirmation of Publication of Legal Notice
Exhibit 8 Photographs taken by staff
Exhibit 9 Auburn Business License Application
Exhibit 10 Correspondence
FINDINGS OF FACT:
1. Dennis Foster Scott has applied for a Special Home Occupation Permit to operate a massage
therapy business from her home at 418 3rd St. NE, within the R-20 (Residential 20 DU/Acre)
zoning district. A business license application and home occupation application was submitted to
the City of Auburn Planning and Development Department on October 22, 2009. The application
for a Special Home Occupation permit was submitted on February 19, 2010.
2. The massage therapy business will include a home office and two rooms that will be used for
massage therapy. The home is both owned and occupied by the applicanYs parents. A letter of
authorization from applicanfs parents for the proposed business was submitted with the special
home occupation permit application. According to King County Assessor's records, the home
contains a total of 2,790 square feet of livable floor area. The home office and massage rooms
will use less than one-forth of the floor area of the home.
3. The applicant, a licensed massage therapist, will provide deep tissue massage to treat injuries,
tension, aches and pains, as well as improve other aspects of the human body. Due to the
physical nature of the work, the applicant is only able to see a maximum of four (4) to five (5)
clients per day.
Page 2 of 5
' Aqenda Subiect Public Hearing MIS10-0005 Date:
4/13/2010
4. The stated purpose of a home occupation under ACC 18.60.010 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 massage therapy practice is to take place within a single family
dwelling located on residentially zoned land (R-20, Residential 20 dwelling units/acre):
5. The home based business may be allowed if a Special Home Occupation Permit is approved by
the Hearing Examiner pursuant to Auburn City Code (ACC) Section 18.60.040 (A)() of the Zoning
Ordinance which states:
"18.60.040 Special home Occupation Permit.
A. Special home occupation permits are required and must be granted by the Hearing
Examiner for the following uses, even if the use meets all eleven (11) of the requirements
of ACC 18060.020(A)-(K), but in no case shall any home occupation meeting less than
nine (9) of the eleven (11) requirements:
2. Personal Service Shops
The applicant will be providing a specialized personal service, massage therapy, out of her home.
6. Staff conducted a site visit on March 18, 2010 to verify the accuracy of the site plan.
7. The proposed development falis below the SEPA categorical exemption thresholds; therefore, a
SEPA checklist and environmental determination are not required for the home occupation.
8. The public hearing notice was published on 3/25/10 in the Seattle Times at least 10 days prior to
the hearing date as required by ACC 18.70.040.
9. The subject site was posted with a land use notice sign and notification of the public hearing sent
to property owners within 300 feet of the property pursuant to ACC 14.07.040.
10. No comments were received by the City prior to the writing of this report. Any comments
submitted after the publishing of this report will be presented at the hearing.
11. The case file (MIS10-0005) and its contents are hereby incorporated by reference.
CONCLUSIONS:
ACC Section 18.60.020 (A-M) provides criteria for home occupations:
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, who resides on the premise, is the only employee. The applicanYs parents will also
reside on the premise but are not involved in the home occupation.
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).
The applicant states that no special mechanical equipment will be used in the operation of the
business.
Page 3 of 5
Aqenda Subiect Public Hearing MIS10-0005 Date: -
4/13/2010
C. Not more than one-fourth of the floor area of any building is devoted to such occupation,
except for bed and breakfasts.
According to the King County Assessor's records, the residence contains 2,790 square feet of floor
area. The applicant states that the portion of the home used in conjunction with her business will not
exceed one-forth of the home's total floor area.
D. That such occupation shall not require internal or external alteretion or involve construction
features not customarily found in a dwelling.
The proposal was reviewed by the Building Department. Each room used in conjunction with the
business will need to be inspected prior to the issuance of a business license to determine that
adequate lighting, heating, and ventilating systems are installed and maintained. This inspection is
required pursuant to Auburn City Code 520.170 Massage businesses, health salons and public
bathhouses (3) Premises - Inspections. Should the Hearing Examiner approve the Special Home
Occupation Permit, the Building Department will schedule this inspection.
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.
The proposal does not include the use of commercial vehicles as defined in ACC 18.04.245.
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.
A site visit by planning staff was conducted on March 18, 2010 to verify existing site conditions,
including parking. A gravel area directly off the rear alley provides off-site parking for the applicant
and her parents. The site provides sufficient on-street parking for the proposed use.
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.
No signs are requested or present at the subject location.
H. No display pertaining to the occupation, other than the one permitted sign, is visible from the
street or adjacent residences.
There are no displays pertaining to the occupation, not even a sign, is visible from the street or
adjacent residences. The residence does not differ in appearance from the surrounding uses.
1. No more animals are maintained on the premises than what may otherwise be permitted in the
zone.
This criterion is not applicable.
Page 4 of 5
' Aqenda Subiect Public Hearing MIS10-0005 Date:
4/13/2010
J. Except for bed and breakfasts, employee and customer visits shall be limited to the following
hours of operetion:
1. Employees from 8:00 a.m. to 6:00 p.m. Monday through Friday and from 9:00 a.m. to 6:00
p.m. on Saturdays;
2. Customers from 9:00 a.m. to 6:00 p.m. Monday through Saturday;
3. No employee or customer visits shall be permitted on Sundays or federal holidays.
There are no outside employees proposed for this home business. The applicant intends to operate
the business between the hours of 9am to 3pm, Monday through Friday. The business will not
operate on the weekends.
K. Traffic generated by the home occupation shall be limited to a maximum of eight (two-way)
clienUdelivery-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) clienUdelivery trips per day.
The applicant states that client visits will be limited to 3 or 5 appointments per day with only one client
at the site at any given time. There will be no drop-ins clients at this location.
L. Outdoor storage of materials, goods, products or equipment is not allowed.
The applicant indicates that there will be no outdoor storage of materials, good, products, or
equipment with the home occupation.
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, vibratians or odors or result in traffic impacts
inconsistent with the character of the area in which the home occupation is located.
The residence is not out of character with the residenlial neighborhood and the applicant has
indicated that there are no plans to modify the residence.
RECOMMENDATION
Based upon the application and Findings of Fact and Conclusions of the staff report, Staff recommends
that the requested Special Home Occupation be approved with the following condition of approval:
1. The granting of a Special Home Occupation Permit shall apply to the applicant only while the
applicant resides at the property.
2. The business shall be inspected by the Building Department prior to the issuance of a business
license to determine that adequate lighting, heating, and ventilating systems are installed and
maintained
3. The massage therapisYs state license shall be posted in the room(s) where the massage is taking
place.
4. The business shall be conducted on an appointment basis only, and limited to six appointments
per day.
Page 5 of 5
Exhibit 2
Vicinity fViap
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Exhibit 3
Applicafion
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CITYOP -.g-.-~:..`
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- -r'. WASHINGTON. Pfp/1itlJtg, B[/llljllig, rrird Cofrrrnrinity Depnrtment
'MASTERLAND'USEAPPLICAT/ON='PLAIVNIIVGAPPLlCATIONS "
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Project Name Y1C?_ Dnte C.1 Z'.CU ll
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, . i . ~ , ti .i_j~' „ . Legal Description (etteclicd sepnrnte shecf iPn,ecessary)
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Applicant.
. IVlailing Address: tAiQj ">',C` • ~
Telepfione and Faz: S 3-`l y°'~ -~C•,:-:1 S <<- )°2S y`t•1~-1- I e''l-) '
Email: ~`v.:~ C~!'. ~X'IyY~L~. V~{<'tC~'~~'-~•Cc~~-~-, . .
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Si nahire:'
Owner (if more than one'attach anotlier sheet)
Natne: ~.•-e. ' A: l_o i.7 ~'oS 1' r
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Telephone2ndFaic; 1•53-8~(-"ct7j
Email:
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Engineer/Architecture/Otlier ' ' . ~
Name:. . • . •
Mailing Address;
Telephone and Faa:
EinaiL: .
Description of P"roposed Action:
T e of A>>lication Re ufred'. Checlc nil that A I
Administra(ive Appeal# Rezone (site specific)* Area W ide
Adininistiative Use Pe"rmit* Short Plaf
Annexation* Special Exception*
Boundary tiine Adjustment Special HomB,Occupatioii PBrmiC"
Com~~rehensi`ve Plan Amendinent,(Text or Map)* Substantial Shoreline Development'
Conditional Use Pennit* Surface Miniiig Perinit*
Critical Areas,Variance" Temporary Use Permit
Deyelopgignt Agreemenf* Variance*
Envi'roiunental Review (SEPA)* *Please note.that publicnotification is
Einal Plat reguired. A separate cost is charged
' Preliminary Plaf* for the signs. City • pares signs but
.
PUD $ite P1an.Approyal applicant responsi • '
Reasonable UseBxce "tion*
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Page 1 of2 CIT'yOFq
AUBURN * Polk
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LETTER FROM,PROPERTY OWNER.GRANTING.AUTHORIZATION;TO ACT
(A copy of this.letter mustbe submitted for each property owner involGed)
I, ~--O~S ~C • rc~>~~~C, being duly sworn declare that I am the owner of the properiy
(PROPERTY OWNER): ' •~i-.
Involved in the application: I hereby grant
. , „ :t
of SoV1n 0..,.~/ iA' I aU to act on my behalf. I further deciare that all. ,
statements, answers, and information herein submitted is in all respects true and correct to the'
bestof my knowledge nd belief. `
76?Z~
2.1
Sign re Da e
!!~1 Fl 3tod sf A/E . ' .
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Addres
Subscribed and sworn to before me this ~ day of
.
Notary
Pu61ic in a-id for tfie State of Washington, • ~
Residing
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Page 2 of 2 '
AUBUkN*MUR'E I HAN Y(>U Ib1AGINLI)
Special Home Occupation Permit Narrative
To: The City of Auburn
To Whom It May Concern,
As per the special horne occupation permit, I am to detail my request for a permit. I am a licensed
massage therapist wishing to operate a practice ouC of my fiome. My intention is only to work 3 days
during the work week, appointment only during the hours of 9am to 3pm (wflile my children are at
school.) I will not be working weekends due to my employment as an instructor at the Soma Institute,
where classes are fleld during that time. Due to the physical nature of my work, I can only see a
maximum of 4 clients per day.
I feel a permit should be issued due to the impact of this business is minimal. There will be no additional
construction to the exterior of the house or property, nor the interior of the house (unless otherwise
requested by the City of Auburn.) Besides the occasional car, there will be no change in the dynamics of
the neighborhood that would affect the puhlic or be injurious. The business will be quite and serene.
Thank You,
Denise Foster Scott LMP
r.-V
18,60,020 Requirements. ituquiremCnts respCI,ded in red.
Home occupations are required to have a business license as issued by the city, comply with all city
codes and ordinances, and shall be consistent with the following provisions:
A. Only members of the immediate family residing on the premises and no more than one non-resident
rnay be employed at any one time; provided, that home occupations witti a nonresident employee shall
provide off-street parking for the employee on site; This ho;ne is ownc.ci by wiy parents Dave and l.ois
1=oster, who live in tne horne with ilic. Tf7ey liave their own living quarters, separate entrance, and the
hornc is like a duplex. They do not reside in the portion of the home where the business will be run.
~;rinting operation document has heen signed and norarir.ed.
4. No mechanical equipment is used except sucfi as is commonly or customarily used for domestic,
household or personal purposes for a dwelling unit (or as deemed similar in terrns of power, quantity,
noise, emissions and type);No mechanic~l eqWpmert `s rer,uired for thc i)usiness besides a wasl,er and
c!rvcr.
C. Not more than one-fourtfi of the floor area of any building is devoted to sucli occupation, except for
bed and breakfasts; In compliance.
D. That such occupation shall not require internal or external alteration or involve construction features
not customarily found in a dwelling; No additional intcrnal or extcr nal construction is needed for tllc
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; I cio not hzive or need a commerci~ll vehicle.
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 tiie 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; I will fiave 3 to S
clients a day, no more than 1 client at a time. I want to use street parking for my clients. My operation
'10urs plan to be 9AM-3PM, Monday through Friday, while my children are at school. I will not be
working weekends due to another job I fiave over the weekends.
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; I do no± have a sign, don't know if I will. If I do it will be in
compliance of the 78 by 24 inch requirement.
H. No display pertaining to the occupation, other than the one permitted sign, is visible from the street
or adjacent residences; I nnt I,:,ve r1 i~:spl~~•{ ;~Ir")r 1:11:: j
I. No more animals are maintained on the premises than what may otherwise be permitted in the zone;
I!1 COIYIpiICIIIC('.
J. Except for bed and breakfasts, employee and customer visits shall be limited to the foliowing hours of
operation:
1. Empioyees from 8:00 a.m. to 6:00 p.m. Monday through Friday and from 9:00 a.m. to 6:00 p.m. on
saturdays; Operiticnal hcurs M-1= JAM to 3PN1, No weel<ends. No c;~ip:oyec]s.
2. Customers from 9:00 a.m. to 6:00 p.rn. Monday through Saturday;
3. No employee or customer visits shall be permitted on Sundays or federal holidays; No prohlem.
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; Only 3-5 aE7pOIfl11T1c'nt orly clients a ciay, ene clierit z3t a time. No "droppinl;
;)y" clients. No reE;ular deliveries required for business operation.
L. Outdoor storage of materials, goods, products or equipment is not allowed; No need for storagc.
M. The home occupation is to be conducted in such a manner that the residence sfiall not differ from its
residential character either by the use of colors, materials, construction, lighting, signs, or the ernissions
of sounds, noises, vibrations or odors or result in traffic impacts inconsistent with the cfiaracter of the
area in which the home occupation is (ocated. (Ord. 6141 § 1, 2007; Ord. 5897 § 21, 2005; Ord. 4229 § 2,
1987.) Stated beforc, I clon't plan on a sign. I feel I do not want peoplc driving hy and thinl<ing tliey will
. C1'JIP.c.
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Exhibit 4
Notice of Application and Public Hearing
*
' cirv
uz BO P,eter,B Lewis,1Maypr
WASH I NGTON 25,We"sf Mdln~Street * Aubuin;WA,98001-499_8 * www aubuinwa gov * 253 931 300q
' NOTICE OF APPLICATION
&
PUBL/C HEARING
PUBLIC HEARING: APRIL 21, 2010 at 6:30 PM
COUNCIL CHAMBERS, AUBURN CITY HALL
APPLICATION REQUE$TED: SPECIAL HOME OGCUPATION PERMIT
APPLICATION NUMBER & NAME: MIS10-0005 / Soma Vitality - Special Home Occupation
APPLICANT: Denise Foster Scott
4183rdSt.NE
Aubum; WA 98001
PROPERTY LOCATION: The site is located at 418 3rd St. NE. The site is within Section 18,
Townsfiip 21 Nortfi, Range 5 East, W.M. King Gounfy, Washington.
Parcel Number 2100200020
DESCRIPTION OF PROPOSAL: Application for a Special Home Occupation Permit to allow a massage therapy
6usiness as a horrie occupation in the R20 (Residential 20 DU/Acre) zoning district. Tfie business will employ
one resident employee, a licensed massage therapist, who will; offer massage iherapy by appoinimen`t 'oniy and
between, the hours of 9am to 3pm. The business will occupy no more than a one-four th of the floor area of: the
fiome.
AUBURN CONTACT: APPLICATION FILED: February 19; 2010
Stuart Vllagner, Plannec COMPLETE APPLICATION: March 11, 2010
swagner@auburnwa.goa NOTICE OF APPLICATION: March.25, 2010
253=804-5031
STUDIES SUBMITTED WITH APPLICATON: None
OTHER PERMITSAND PLANS WHICH MAY BE REQUIRED: City of Auburn Business License
STATEMENT OF CONSISTENCY AND LIST OF APPLICABLE DEVELOPMENT REGULATIONS: This p[oject is
subject to and shall be consistenl wifli the City ofAubum Zoning Code, Surface.and Stormwater Management
Ordinance; Street Standards, Intemational Building'Code and Intemational Fire Code,
Foi citizens with speech, sight or hearing disabiliiies wishing to review documents peitaining to this hearing,
sfiould contact the City of Auburn within 10 calendar days prior to. the meeting, as to the type of service or
equipment needed: Each reguest will be considered individually according to the type of request, the ayailability of
resources; and;the financial abiliiy of the.City to provide the requested services or equipment.
You are.inVifed to ezpress comments up until and at;the public h"earing. Written comments may be submitted ta
Sfuart Wagner; Planner, Department of Planning and. Development at tfie mailing address 28 West Main,, Aubum,,
WA 98001-4998.and located at;.1 East Main Street, Auburn WA, 98001 or via email at swaqner an.auburnwa.qov:
If-you have turfher comments or questions related'to this applica(iorr, you may call Stuart Wagner, Planner, at
swaqneraauburnwa.gov orat 253,80475031. If you cali or write, plea"se reference the application num6er noted
a6ove.
AUBURN* N10RE TWA•N YO.U~'fN1AGINE6
Exhibit 5
Affidavit of Posting
IVIbIL LJ IV IV.VLtl OIUW JWII LWVJJJVJJ FI.L
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CITYOF
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WASHINGTON
%
AFFIDAVIT OF POSTING
YVOTICE OF APPLICATION and/or NOTICE OF HEARING
App[ication No.:M1870-0005
Applicant: Denise Foster Scott
Location of Posting - Board # 1:
Required Date of Posting Notice on or before: 3/25/10
Date of Public Hearing (if applicabie): 4/21110
I certify tliat on D~~~o~51 Zo 16 I did erect the land use posting notice
, board(s) at 1heJocation(s) above, which induded a
N tice of Application, posted wiihin 14 days after fhe application was determined
compfete (ACC 14.07.020) and posted a minimum of 15 days prior to a scheduled open
heatirig per 14.07.030 (if applicable),
And/Or;
'Notice of Public Heartng, posted a minimum of 10 days prior to a scheduled.open
hearing ACC18.66:110 and ACG18.66.130.
f declare under penalty of perjury of the laws of the Siate of Washington that the
foregoing is true and correct,
l:zo I~
Name (please print or type) Date
SignUre
NOTE: This aNdavit must be, refumod to the Planning, Building and Community pepartinenf
within one week of the notrce date to assure this applioafion does nof continue on hold and 0
assure that a schedu)ed heanng /s not postponed ACC 1,27.070.
Planning, Building 8 Communily.
25 West Main.Slreet, Auburn, WA 98001
(253) 931-3090 .
vAvw.auburnwa.gov
G;ISWafI`,PioJeUS'Q010IMI$10-0005 • So:na U(ality\"Posiing Atflcavit for NOA NOH Sy Applican _ASISIO_0005.doc
5111/]9
Exhibit 6
Affidayit of fViailing
*
cirYOF * !
~
~ ,~WASHINGI`ON
AFFIDAVIT OF MAILING OF LEGAL NOTICE
Application No.: MIS10-0005
Applicant: Soma Vitality
Location: 418 3`d ST NE; Auburrr, WA 98002
Date of Public Hearing:, April`21, 2010 • • •
I certify tfiat on March 25, 2010 I did send a Notice.of Application and Hearing for the above
referenced.applicatiorr, as required by Auburn City Code 14.07.040 and 18.66,130, to all
property owners located within 300 feet of, tlie affected site. Said Notice was mailed pre-paid
stamped through the United States Postal Service at least 10 days prior to the public hearing
date,noted above:
I declare under penalty of perjury of the laws of the State of Washington that the foregoing is
true and correct.
~
Darcie Hanson; Permits and Admini'stration Manager
Exhibit 7 .
Gonfirmation of Publication of Legal iVotice,
('/k"i 0,6qUBU.
seattletBouuesecoeeu ~A~ `~r Zp~F~R F
PO Box 70, Seattie, WA 98111
AUBURN CITY OF-FINANCE DEPT
ATfN CITY CLERK
25 WEST MAIN
AUBURN, WA 98001
Re: Adveriiser Account N30785204
Ad #:788184800
Affidavit of Publication
406906773
STATE OF WASHINGTON
Counties.of King and Snohomish
The undersigned, on oath states that he/she is an authorized representative of'The Seattle T(mes Company,
publisher of The Seattle Times of general circulation published daily'in King and Snohomish Counties, State of
Wasliingtorr, Tfie Seattle Times has been approved as a legal newspap'er by otders of the Superior Court of
King and Snohomish Counties.
The notice, in the exactform annezed, was published inlhe regular and entire issue of said paper or papers and ,
disUi6utetl to its subscribets du(ing all of tlie said period:
e3+y .+~,~e%,~.~Newspaper~~., ~1~, f~ +r arr S i G"fPublication{Date~ i•a a~~(
ttF :l. )..4'm~" } . , f . Y'1~ ~I ~:•4lae 1 [ y'`~ a'u ~~nnf ~JM1'~j~~ .i~:"1 ~H.~ '
! Tfie Seattle Tlmes 03/25/10
Ageht DGbb1P, +Collclill;cq . Signaiure
d and sworn to 6eforeme on 6" f
DATE)
sF.-cho 's %
'%N';,~ z kNOlS4Fdy , TURE)' Nota ublic in and. r-t e State of Washington, residing at Seattle
T E`~F .
~'t~ e ,~ea$tle ~imes
seattle$B~anes.coue~ F9~ UB
Re Advertiser Account.#30785204 Ad # 788184800 S0"
~C~•
AfI TEXT:NOTICE OF APPLICATION ~ Z f 4, & PUBLIC HEARING:, StreatStentlarde,lnternallonel
APRIL 21, 2010 et 5:30 PM, Buliding CoBa
COUNCILCHAMBERS, ' endlnternetionalFlre Code.
AUBURN CITV HALL APPLICATION REQUESTEO: Forcltlzenswilh apeech, slght
Speciel Home Occupelion or heering
Permit, APPLICA710N dlsebllitlea wlahing to revlew
NUMBER & NAME: MI570-0005% documents -
Some VIIaIIty- pertelning tolhis fieadng,
Speciel Hame Occupatlon ahoutd conlecl the
PROJECT PROPONENTi Clly of Autiurn wilhln 70
Oenlse Foster Scalt, tlba Soma. celender days pdor to
Vllellty PROPERTYthe meeling, es to the type ol
LOCATION:4183rtlS1.NE servieeor
Auburn;WA9B007.T1ie equlpmentneetletl.Each
sile Is wllhln Seclion 78, raquesl will6e,
TOwnshlp 21 Norlh, " conafderetl Intlivldually
Range 5 Eeal, W.M. King eccortling to tha rype ol
County, Weshington. request, the aJellability of
Percel Number 2100200020 rasourcee, entl the
DESCRIPTION OF finenclel ebllity of the Clly to
PROPOSAL: Applicetlon tor a provltle the
Speciel Home raqueetad aervicea or
Occupetlon Permit to allow e equlpmenl.
mesaege therepy
6uelnesa es e home occupetlon You are Invited lo express
in the R20- commente'up untll end
(Residenllel 20 OUTACre) zaning et the public hearing. WdUen
dlatQcR The cammants mey be '
buelneas wlll employ one sutimittetl to Stuert Wegner,
resident employee, e" Plennar, OepertmanR
. Ilcenaed measage Ihereplst, of Plenning antl oevelopmant et
who wlll offer - the malling
meaeage fherepy tiy addrese 25 Weat Mein, Autiurn,
eppolntmenl only end be[ween WA 98001•4998 end
the hours of 9am to 3pm. The locetetl el: 1 Eeet Main Streel,
hueineea ivlll Auburn WA 98001
' occupy no more then e one- or via emell et
lourlh of the tloor swagnerGeubumwe.gov. If you
erea of the home. APPLICA710N heve lurther commenis or FILEO: February questione releted to
19, 2010 COMPLETEthls eppllcelion, you mey ceil
APPLICATION: Merch 11,2010 Stuert Wegner,NOTICE OF APPLICATION: Plenner et 253•804•5031. If you
MarCh 25,-2010 CBII of Wdte,
- - pleesa reference the eppllcetlon
STUDIESSUBMITTEUWITH numbernoted
APPLICATON: None OTHEp ebove.
PEHMITS AND PL"ANS WHICH
MAV BE REOUIHEO: City ol Clry ot Auburn
Aubum Business LlcensePlenning antl Development
STATEMENT OF CONSISTENCV DepertmeN 25 West Maln Streel
AND LIST OF APPLICABLE Aubum;WA9B007-4998
DEVELOPMENT- 253-991-3090 .
REGULATIONS:
This projecl Is aubJact to end
ahell be
eonelstent wlth the CIry ol
Aubum 2oning Code,. -
. Surtece entl StotmwetBr Menege'ment Ordinence,
Exhibit 8
Photographs Taken By SYaff
MIS'IQ-0005
Photographs Taken by Staff - 4/5/10
i:.
~ . • _ r ; l~\~ .
l - s, ~ ~•r ~ _ . r'.~yt~ r~' .
. '1,. - - - - - ♦ ~ ,
r 1 - f.' " ~ 'Ui:r r--s-
- ~ • " ~i
- ~i = _ ~~t~.~ s ~
a011CE f FRO oSEDtOWcn
» ~ ~ ^T + ~ t ,e I
- ~
Imagc 1: Residence with Noticc Board ,
/ ~N.,
;
_--'X
~
- t -~';f C+ ~fZr41 ~ f I
1' - = } ~ a
Image 2: Front of Home
4/13/2010
~ MIS10-0005
Photographs Taken by Staff - 415/10
J~•.".''~
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• 'a
r:'.•~ - . . .
' w' . _--._'f ~ r ~~'J'' _ ' ♦
M' ~1~ s; J ui~~l~~~• b~~~~ 5 y~.~": .~,J.
I
Image 3: On-street parking (view looking West)
4/13/2010
Exhibit 9
Auburn Business License Application
License No.: ~6,41-1.
K BUSINESS LICENSE FEE: $50.00 PLEASE RETURN TO:
CITYOF `-r•AuburnPermitCenter
All licenses expire June 30. Renewal nolices are mailed in
o; ~ May. Business.licenses are not pro-rated and are non- 25 West Main Street
WASHINGTON iran'sferable. If you disconUnue your business aqfivity in Aubum, WA 98001
Auburn, please nolify the Permi4Center at (253) 93773090. Phone: (253) 931:3090
Fax: 253 80q=3714
New Business: New Location: ❑ New Owner: ❑ Name.Chan e: 0 Oulside Cil
CITY OF AUBURN ARPLICATION FOR BUSINESS LICENSE
AuBum Ciry Code requires each business operating within the dry Ilmits to' obta(n a business license. Addiflona!
Indlvlilualllcenses are required,for the followmg business activities: Ambulance Services; Amusemenl Device(s);;Aulo
Races; Cabaret;. Camival, Circus, Show; Dance; Fire ExtiriguisheP Service; Fireworks Sland; Motor Vehicle Wreckers;
Outdoor Musical Enterl2inmenq Pawnbrokers/Secondhand Dealers; Solicitor, Tow Truck and Tow Truck Driver.
DOING BUSINESS AS 1 BIiILDINO OR PLAZA NAME:
Naine:
s Sult ~e #
~
Addres
~
City, State, Zip: lq,~la,irvX (.w W r1 bo) ' OPENING DAYOF BUSINESS:
LOCAL BUSINES$ PWONE N0: a 53-q-709' ASAfO
LICENSEE MAILING ADDRESS (IF DIFFERENT FROM BUSINESS ADDRESS) CORPORATE/BUSINESS PHONE:
(All InformaHon related to this Ilceiise will be senfto tbis address) -t,
Name`. `~SS (~('-1-70~(7
Ti)le: eusWESS FAX:
Address, Suite M
City, Stafe, Zfp: 0<-3 `
WEB SITE (i(applicable) _ -maU address'
l:ut.i)W V V .
COMPLETE THIS SECTION FOR MAJORITY OWNERS, AGENTS PARTNERS-0R CORPORATE OFFICERS
1) NA, ~1,,.(. TITLE %OWNED
TRY~1.~s~ eSIYrOW IUJOfA/k0-MiZ /CJd .
O-ME-KDDRES ; CITY/STATE/ P: HOMEPHONE:: .
11 rCl S.- ~ 4~b' i' w' 6 Z
DA E OF B RTHt DRI R'S LICENSE EMERGENGY CON7ACT9
-7 ~ ❑ Yes ❑ No
2) NAME: 71TLE! % OWNED
MOME ADDRESS: CITY/STATE/ZIP: HOME PHONE:
DATE OF BIRTH: DRIVER'S LICENSE* EMERGENCY CONTACT?
❑_Yes ❑ No
In ffie event of an Incldenf at yourbuslness, you are requlred to provlde an lndlvidual wtio can ga corifasted afal!
ilmes:
,,Lq CALRESPONSIBLE CONTACT T,ITl.E: BUSINESS PHONE:
ciSn.tC'Q Sco-~` .~--IUS~Itr.v,c
HOMEADDR ES$' { TYSTATE/ZIP`. HOME/CEC PHONE:
Wl d'~rd i' V "✓t c-etk/',?- °ZS3'a7-.sS3q
DA7 OF BIRTH: DRIVER'S LICENSE #t EMERGENCY CONTACT7
~a 2 i~~ Sco-r?-13~~ ~la P2- ~"es ❑ Na
FOR OFFICE USE ONLY:
Date received: PBor License #
AUI3URN'k MORE THAN YOU IMAGINED
BUSINESS INFORMATION: .
FEDERAL TAX ID #:4~tJ WA STATE UBIITAX GONTRACTOR ID
If appliceblo
3~k-69a3.3:6a': (A~a 3i~~i, ~'s3
NAICSCOdat(nofe:llyoution'lknowlhlsiodo,ifcanbeoAlalnedlromlhe _
- WesNinplonStafobopartmentolRevemie.afsnu~v.Aor.we.aov) '
LEOAC STATUS: oSole Proprletor ❑ Indivldual ❑ Cotporetlon ❑ LLC ❑ Partnersfilp ❑ Olher NUMBER OF EMPLOYEES LOCATED AT YOUR PLACE OF BUSINESS WITHIN THE CITY OF AUBURNi
BUSINESS ACTIVITY
Your business wiil engape In whicliof the followlnd actlvitieaT (check all that appl'y)i
❑ holesale ❑Retall ❑Service ❑Manufacturinq ❑Ffnancellnsurance ❑Government 13Educatlon
•ealfh Care ❑7ranspoNafionlCommunlcatlonslUtllitles ❑Food Processiny ❑FOOd Service
❑ConstrucQon type
Please descrlbe your liuslness acfivities In detalf; Ilat principal products sold, services_ provlded, elc):
y- S' Gu.)tomws a da.. 3-S as a w eek,
TEI,ECOMMUNICATIONS PROVIDER? ❑ Yes NNo; If yes, complete Telecommunications Form
INDIVIDUAL LICENSE REQUIRED?V.] Yes ❑ No; If yes, complete appropriate Indivldual Licenae Applicatlon
HOME OCCUPATION7 Yes ❑ No; If yes, complete Home Occtipation Form
Is this a Non•ProfR Organlzatlon exempt Trom taxation under 28 USC 601(c)(3) or (4)1 Yes No
If.yes, piease provicle a letter from lhe IRS stating the exemption..
BUSINESS LOCATION INEORMATION
onl If Inside the cil Ilmlle
Assessor's Parcei PropeHy OwnerlLeasMqAgenf,
Nnme:
Address.
Building: ❑ SIiYgleTenant CitylStatelZip:
❑ Muiti Tenant Telephone:
Susiness Sq. Ft.i Total Bulldiiige Storage/Warehouse; ma,+muenoimaioiaiewa.): Property Sq: Ft.;
Are you making tenant Improvements7: ❑ Yes ED No
Some Im rovements ma re ulre errrills, Please contact the Permlt Center for addltional informatlon :
Are you.lhe first tenantat thls Iocation? ❑ Yes ❑ No If no, name of prevlous business at thla focation andlor
t e of use this businesa is replaclny:
~Resldence ❑Retail ❑L( ht Industrial OWarehouse ❑ Other, describe
S70RE HAZARDOUS MATERIALS7 Ll Yes,~%-2%o !f yes, cmnp/ete a Hazardous Materlals /nventory Statemenf:
For ryuestlons, please contact;he 1/alley Reglonal F1re Authorlty at (253) 937-3060
APPLICANT'S 51GNATURE I hereby cedify and deciaie under penally of peiJury untler Washington law lhat the sfafemenls fumistietl by me on this application are
Irue and completo lo the best of my knowledge. I understand lhat the;issuance of a business Ilcense Is cond(Uoned upon compllanco
at all fimes wilh all appllceble ordinances, regulalions and slalutes ot the C(ly of Aubum end Ibe Slale of Washinglon. 7he fssuance ot
a business li ense d es nofimply compllence wil Iode aemetional Flre and Building Codes.
Data 1d GZ d( Slgnatiire_~
C',fn OF ~ .asa~~, ! v
tt
9-IOME OCCUPATIOtd _
~ " 11'hSIadNG'~.ON APPLICATION
Data SuGmiKed: n 2Z ~
NamoofBusiness: ~1YYlQ V~'twL(,~'1~
Name o/AppllcanL• ~L)r0.6k'~'hAt~ S(O Addrogs: 6 .1,
PBone Number. 14~q:-7o] FazNumbor. (as5) ~22-~a~S
Please descdbe /n de(all the bus/ness,actlvllylnvolved and if you wll! bo having
cus(omersfoyourhome; 'Q~\11 C. _ty,b Stvuiu.•
rn~'1~.~ he> ccR-i,~ y-s ck ~ s G.. da~
~law. tt~ G. Pwk
.~--.Planned,days and ho6rs of operat/on: Pl-"Ac,
.
Relar (o'Autivm CIIy Coda (ACC)18.60.010 (JJ
Typobfequlpmenttotieused: aSc~ .l~lola -t-' rrT~.A~n.pa,~''9• _on Ro/orfoACC,18.60.020(B) '
W!!1 commercial vehtc/os be parking a( yourhome? Yes or No \~6
Number of emp/oyees working wlthln the home oiher fhan yourse/f? a
Re/er to ACC 18.60.020 (a
/s offsfreet parking avaflaGle for empioyees2 Yes or No
Area of liome (square feef) to Ge used for buslness.:
ROlo/ fo ACq f8.60.020 (C) ,
Wlll alterafions of your fiome be required? Yes or No C
Rofcr (o ACC 18.60.020 (D)
S(ze & nurnber of signst. ~ ~ aq RolertoACC18.60,0Y0(OdH) - - For oHlce use on/y
Planning Deparlmen( recommendaffon: 6us. Reg. iF
Approved:
Speclal Home Occupation Permif Requlrod: Yes No
Appiovedwithfollowingcondllfonst Appiicantmus[otiserveAubumCl(yCode18.80,020
requlremonts;
fl you have any questlons, please contact the Pormlt Center at (263) 931•9020.
Exhibit 10
Correspondence
YIPF
CIT~~~'
PeterjB, Lewis; Mayor
, WAS;HING.ION 2~~yosFMaIn,S1(eol;*AubumWA900D1-A990!*www;duburmvagov*2b3.=93T-3000
November 30, 2009
Ms. Denise Foster Scott
418 3rd Sireet NE
Aubum, WA 98002
Re: Business License 26779 - Soma Vitality
Dear Ms. Scott:
This is to advlse you (hat the busfness appiicatlon for parcel 1A 2100200020, with a sife address
of 418 3rd Street NE has been reviewed liy lhe Cily of Aubuin Permit Center. These reviews
have identffied addiponai Information, cWification andlor corrections needed to complete our
review.
DEPARTMENT COMMENTS
Pollae Comment§ -Approved
PlTnnind Commeiits
• A speciai home occupation permit is,required per ACC 18.80:040(A)(2)-Personal serv(ce
shops. Please apply for a snecial home:.occunation permit at the Permit Center if you w(sh to
operate the massage therapy business irom your residence.
Please contact Angel(que Moser, Planne[ at (253) 876-1963 for questlons related,to
Planning comments.
Biiildfng Dfylsion Coironents - Approved
Code Compllance Dfvlsion Comments -Approved
Public Works Comments
Traffla Need additional information on how many irips.(Inbound and outbound ciients and
employees) wil(occur in the peak fioids belween 4 and fi p.m. on a weekday.
Please contact Joe Welsh; Transnortation Planner_at,(253) 804-5050 tor questions
related to Public 1Norks commenls:
VALLEY REGIONAL FIRE AUTHORITY COMMENTS (Outsicle Agency) • Approved
Please contactbave Goff, Assi,stant Fire Marsliall, Valjey R@gional Fire Aulhority, af
(253) 288-7444 for questions related to Fire Deparlment comments.
AU_BURN* MOItG`Tf IAN~.YOU IMAGI,NGD
Ms. Denise Foster Scott - BUS26779
NovembeP 30, 2008 Page 2
Concluston
These comments are only related to the Ilsted business application and other approvals may be
sebured In advance to bompiete the proposal.
If you fiave any quealions regarding the City's process or your speciflc applicatlon requeat,
please contact 1he appropriate depaftment 6ontact above.
Sincerely,
Darcie Hanson
Permfts and Adminlstratlon Manager
Planning, Building & Community
DH:QT/ '
CORR09-447 i
I
I
i
I
r
.
. ,
I
i
~
.
«
CITY OF
TB~~J 1( Tlf~ {1Ctl ~I i,T . PeterB.Lewis,,Mayor
~1.J
WASHCNGTON 25 West Main Street * Aubum WA 98001-4998 * www.aubumwagov * 253-931-3000
March 11, 2010
Denise Foster Scoit
4183rd StreetNE
Au6urn, WA 98002 " -
RE: Special Home Occupation.Permit Application - MIS10-0005
Dear Ms. Scolt:
This is to advise you that the Special Home Occupalion Permit applibation to allow a massage
therapy business as a home.occupation in the R20 (Residential 20 DU/Acre) zoning district-,
which was submitted on February 19, 2010, has been reviewed by the yarious Cit'y
departments. Based on this:Feview, the City has determined thaf your _application is considered
"complefe" as of Marcfi 10; 2090. The Special Home Occupation Permit is scheduled to be
Fieard af the April21, 2010 Hearing Examiner meeting. Below are comments that will need to
be addressed before your business license can 6e issued.
Building Department
Each facility (room), used in conjunctiorrwitfi tfie business will need to be inspected prior to the
issuance of a business lice.nse to determine:that adequate lighting, heating and ventilating
system§ are installed.and maintained. This inspection. is required pursuant to Aubum City Code
5:20:170 Massage businesses;.health salons and;public batfihouses (3) Preinises -
Inspections: Sfiould the Hearing Examiner approve ihe Special Home Occupation Permit,
Building DeparimenYwiil schedule this inspection.
Please contact Mibhael Grohs, Plans Examiner, at (253) 931-3013 or mgrohs@auburnwa.gov
with any questions regarding these comments.
Public Works Department
Utilities Division '
In order to prevent contamination of the publiawater system, backflowpreyention assembly is
required for domestic service in accordance with Design Standard 7.01.2.1(H). Backflow •
prevention assembiy shall be a Reduced Pressure Backflow Asseinbly (ftPBA) unless "drawings
ate submitted for review to. Eity of Aubum cross connection control spedialist:
Please contact Cyntfiia Lamotlie, Water Utility Engineer, (253) 804-5061 forquestions related
to .Water comments.
Since the application'has been de4ermined to be complete, the City will make a decision on tfie
applioation within 120 days of this determina4ion,of completeness in accordance with state law
(RCW:36.70B.090). Within that 120-day period, the Gity is allowed to request additional
AUBURN * MORE THAN YOU 1MAGINED
Denise Foster Scolt -MIS10-0005
March 11, 2010
Page 2
information or studies which may be.required lo assess the full effect of tfie proposaL The City has implemented these time frames to ensure efficient processing of applications and to keep .
applicants better inforrried duhng tfie decision-making period.
If you have any questions regarding the process or your specific application re_quest, please
contact me at 253-804-5031 or'.'swagner@auburnwa.gov.
Sihcerely,
Stuart Wagner, AICP, Pianner
Planning and DeVelopment Department
SWIr
COR10-08A
• Page 1 of 5
Stuart Wagner
From: Stuart Wagner
Sent: Tuesday, January 26, 2010 537 PM
To: 'denise@somavitality.com'
SubJect: RE: Soma Vitality Business License Application
Thanks Denise,
Sorry that you have to go through all of these steps. I tliink all that is left is a site plan (i_ e. house on the lot) that
shows where yau will conduct your business i.e. which portion of the house. I think it mightbe best to meet briefly
at City' Hall 6efoYe submitting the applica(ion to make sure you have anything in ordgr_. Laslly the fee to process a
special home occupation permit is $259"plus an additional fee ($80) that covers a fuWre sign board'whicli will
notify the public of your proposal. As far as timing, if an application ie received shortly, a public liearing in Marcfi
is very doable.
Thank you for your time,
Stuart
Stuart Wagner, AICP
Planner
Planning & Deyelopment Department
City.of Auburn 25 West.Main Street
Auburn, WA 98001-4998
p: (253).804-5031
swagne aubuniwa aov
Fromc denise@soinaVifality.com, [mailto:denise@somavitality.com]
Sent: Monday, January 25, 2010 7:29 PM
To: Sfuart Wagn_er
Subject: RE: Soma Vitality Business License Appiication
I responded below'iii red.
Original Message
Stibjecf: RE: Soma Vitality Business License Application
From: "Stuai•t Wagner" <swagiiei•@auburnwa,gov>
Date: Mon, 7anuaiy 25, 2010 7;34 am
To: <denise@somlvitality.com>.
FIi. Denise,
As long as you are the property owner tfiari there isn't a need to fill out tfie authorization form. The
form is usually meant for engineer§larchitects wlio are working on 6ehalf of theproperty owner.
Aiso if you have time can,you write asfiort response to eac6 of fhe provisions.below? The more
information you us a6out your tiusiness (and howit is consistent with the home occupation
provisions), the easier, it is forstaff to come up with a favorable recommendation when, presenting
the projectto the Hearing Examiner for.review. Feel free to calVwrite with additionai questions.
Thank you,
4/137201"0
Page 2.of 5 •
Stuart
18.60.020 Requirements.
Home occupations are required to liave a business license as issued by the city, comply with all city
codes and ordinances, and shall be consistent with the following provisions:
A. Only mem6ers of the immediate family residing on the premises and no more than one non-
residenCmay tie empioyed af any one time; provided, that home occupations wi(h a nonresident
employee shall provide off-street parking for the employee on site; This liome is owned by my
parenfs Dave and Lois Foster, who live in the liome with me. They have their own living
niiarters; separ2te entrlnce; pnct the home is like a duplex. They do not reside in.tlie portion.
of the flome where the business will be ran. V✓ill this require the owner grantiiig operation
paper to be filled out?
B. No meclianical equipment is used exce.pt such as is commonly or customarily used for domestic,
household or personal purposes for a dwelling unit (or as deemed siinila-r in te(ms of power,
quantity, noise, emissions and type);
No meclianical equipment is required for the busiuess besicles a washer and diyer.
C. Not more than one-fourtli of the floor area of any building is devoted to such occupafion, ezcept
for tied and bFeakfasts; In compliance
D. That'such occupation shall not require inlernai or external alteration or involve construction
features not customarily found in a dwelling; No additional internal or ezternal construction is
needed for the business.
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 irom the premises:.Deliveries or pickups by
commercial delivery seryices shall' not applytoward this limitation provided such pickup or delivery
does not exceed twice per day; I do not have or need a commercial vehicle.
F:.Tfie conducfof 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 e home occupation, exceptwhaCmay be
re_quired through the issuance of a special home occupation permit pursuant to ACC 18.60.040; I
will have 3 to 5 clients a day, no more than 1 clientat a time. I want to use street parking for my
clien(s. My operation fiouirs plan to be 9AM-3PM, Monday through Friday; while my children are at
school. I will not be working weekends due to another job I have over tfie.weekends.
4/13/20i-0
Yage 3 ot 5
G. Only one sign is permitted, not to exceed 18 inches by 24 inches in area, nonilluminated, and
attached to a building, ezcept that home occupations in commercial or industrial zones may have
signs consistent with the applicabie zoning district; I do not haye a sign, don't know if I will, If I do it
will pe in compliance of the 18 by 24 inch requirement.
H. No display pertairiing to the occupation, other than the one permitted sign, is visible from the
street or adjacent residences; I don not have a display nor plan to.
1. No more animals are maintained on the premises than what may otherwise be permitted in the
zone; In compliance:
J.. Except foc bed and breakFasts, employge and customer visits shall be limited to the following
liours of operation: 1. Employees from 8:00 a.m. to 6:00 p.m: Monday, tfirougli Friday and from 9:00 a.m. to 6:00 p.m.
on'Saturdays;
ONerational hours M-F 9AM to 3PM;No weekends. No employees.
2. Customer.s from 9:00 a.m: to 6:00 p.m, Monday through Saturday;
3'.'No employee or cus(omer visits shall be permitted on Sundays or federal holidays;
K. Traffic generated by the home occupation, shall be limited to a maximum of eight (two-way)
clienUdeliyery-related trips; per day for those home occupaTions that operate by appointment only
and do not liave oyerlapping client yisits_ Ail other home occupations shall be limited to five (two-
way) clienUdelivery trips per day; Only3=5appointmenf only.clientsa day, one client at atime.No
"dropping by" clients. No regulardeliveries required for' liusiness operation.
L. Outdoor storage of materials, goods, productsor equipment is not allowed; No need for storage.
M. The home occupation is to 6e.conducted in such a manner that the resitlence shall not differ from
its residentiaf cliaractei either liy the use of'color§; materials; construction, lighting, signs, or lhe.
emissions of sounds, noises, vibrations or odoCS or result in traffic!impacts inconsistent with the
character of the area in which the liome occupation is located. (Ord. 6191 § 1, 2007; Ord: 5897
§ 21, 2005; Ord. 4229 § 2, 1987.) Slated_before, I don't plan on a sign. I feel I do not want people
driving by and thinking tfiey wiil just stop irr fora massage. Appointmentoniy! Myoperation needs to
be spa like and guiet."
4L13/20I0.
Stuart Wagner, AICP
Planner
Planning & Development Department
City of Auburn
25 West Main Street
Auburn, WA 98001-4998
p: (253) 804-5031
swagnerlaDauburnwa. gov
From: deniseCalsomavitality.com [mailto•deniseC&somavitalitycom]
Sent; Sunday, January 24, 2010 7:56 PM
To; Stuart Wagner .
Subject: RE: Soma Vitality Business License Application
Stuart-
I have a question! On the master land•use application there is a letter fi•om property owner,
grauting authoi•ization to act. I'in not sui•e I iinderstand what this is for. Could you please
explain it for me.
Thank yott,
Denise Foster Scott
253-444-7047
Origiiial.Message
Subject: Soma Vitality Business License Application
From: "Stuart, Wagner" <swagner@auburnwa.gov>
Date: Wed, Janiiary 20, 2010 12:04 pin
To:'<DENISE a SOMAVITALITY.COM>
lii Denise,
According to our records, a business license for Soma Vitaliry has not been issued by.
the City of Aubum. We recentty went through some staff changes so I'm not sure if fhe
comment lelter dated ] 1/30/09 was provided to you (see attacfiment): As stated in
the letter a special home occupation permit is needed to operate your massage
tlierapy business. If you had any questions about this special permit please email or
call me at the number 6elow.
Thank you,
Stuart
Stuart Wagner, AICP
Planner
Planning & Deyelopment Department
Ci'ty of Auburn
25 West Main Streef
4/13/2010
L U~V ✓ V t ✓
Aubum, WA 98001-4998
p; (253) 804-5031
swagneO-auhurnwa gov
The infofination contained in this electronic cominuuication is personal,
privileged and/or confidential information intended only for tite use of tlie
individqal(s) or en4ity(ies) to wliich it has been addressed. If you read this ,
coiiuniinication aiid are iioYthe intended Y•ecipieiit, you are liei'eby iiotified tllat
any dissemination, disp•ibution or copying of tliiscommunication; other than
cteliVery to tlie iuteiided recipient is strictly prohibited. If you have received
tliis comiuunication in error, please iuimediately notify the sender By reply e-
mail. Thaiilc you.
4/13/2010
. ra~e i ui ~
Stuart Wagnee
From: Stuart Wagner
Sent: Tuesday, March 09, 2010 11:18 AM
To: Michael Grohs
SubJect: MIS10-0005 Soina Vitaliry (Massage Therapy)
Hi Micliael,
Wondering if you had a cliance to review MIS10-0005 - Soma Vitality (Massage Therapy)
Anil do the following code sections affect your review? If so will you require building permits as a condition of
approval?
Thanks,
Stuart ,
5.20.170 Massage businesses, health salons and pulilic liathhouses.
A. Definitions.
1. "Faciliry" means any of the definitions contained in this section or any combination thereof.
3. "Massage business" means:any place where massage or other treafinent to the body of another
person by rubbing, kneading, hitling'orany other manipulations are giyen or fumislied, including theuse of
equiplnent, machinery or appliances in connection with the foregoing.
C. LicenseRegulations
1. Licenses - Prerequisite to Advertisement. It is unlawfufto adverlise the giving ofany treatment or
service as defined in thischaptet 6y any person or in an estatilishment not licensed or otherwise gualifigd
pursuant to the terms.of this chaptec
2. Premises - Standards Generally.. Prior to the issuance of any license forany facility, asdefned in this
chapter; and prior to the operation of any business tfierein,'it shall be the duty of the city's 6uilding departmenf
and the city health.o_fficer to'inspect the prem'isesor proposed premises to determine if the following standards
and requirementshave been meEand alfapplicable plum6ing, tiuilding and healtfi codes are complied with. If
shall 6e the duty of the:operator or owner of such facilities to meef such requirements and to maintain same at aIl
times in a clean, safe and sanitary manner.
a. Adequate Ilghting (see subdivision 5 of thls subsection Illumination) heatina and
ventilating are to be installed and maintained in all parts of the facility in full compliance with the cit}r's
a~Ilcable building. plumbing electrical and related codes:
b. AII floors within the facility shalf be constructed of impervious, nonabsorbing, easily cleanable
material with approyed drain in the area containing a pooL
c; Each patron using such a pool facility sfiall tie fumished with an individual clean towel or
disposable.paper mat 6y the operatoY thereof. Towels sfiall not be reused until tfiey are washed and sanitized. ,
Tliere shall be adequate facilities for towel and mat stoPage.
.
d. All toilet and fiandwashing facilitiesshall li"e available as required in the city's plumbing code,
applicable to place"s of pu6lic as"sembly. e! Alfplumbing shall be installed according to'tfie c(ty's plumbing code and shall be free of
potential cross-connections.
f. If any faciliry contains any swirling water pools where more than.one person is immersed, such
pools sliall be maintained under 4he same restrictions as any'public orsemipublic pool. Bacterial quality sliall 6e
such that not more than 15 percent of'any series of.samples, rior more than two consecutive samples of any
series of samples collected at tiriies wfien the pool is in use, sfiall allow the presence of coliform bacteria in any of
the five 10-rriillititer portions ezamined. Clilorine residual of 0.4 paPts per million in all parts of the pool while in use
will assure acceptable bacteriologicaf standards. ,
4/13/2010
...b". _ ,
g: Chiorine and pH_ test kits should be used routinely to check the chemical makeup of pool,water
and results are to be recorded on a daily log sheet and kept current at aiI times.
h. Any stool or bench in any bath facility should be easily cleanable and soundly constructed. They
sliould.be:coveired'with.single-service towels when in use.
i. All exercise equipment and appliances sfiall be routinely checked fot possible structural
weaknessesand shall be maintained in a safe and sanitary manner at all times.
j. Gym matswith an easily cleanable surtace shall be used only.,These should be cleaned and.
disinfected each day.
k, All pools_must be provided wilh recirculation and fillering equipment, which equipment shall
include a rate=of-flow indicator and a loss-of-head gauge for the backwash filter.
1. All shower and dressing facilities shail be available out§ide tfie pool area. Such area must be well
lighted and ventilated with nonsiip floor finish provided on floors sloping to a floor'drain.
m. A safety bar or handrail shall be installed in the pool easily_accessible to users in every area of
the pool. The rooms housing the swirl pool and sauna shall have adequately sized windows for observing'users of
the facilities.
n. Any sauna batfi or similar facility shall duly post a maximum exposure timetable as suggested by
the manufacturer thereof.
o. Slanted or sloped ceilings shall be used in the sauna area to prevent dripping of hot water on
users.
p. Any facilities using uftraviolet exposure roomsin their establishment shall post maximum
ezposure-time. '
3. Premises - Inspection. Any facility required to be licensed under.this'chapter shall al all times be open
to inspection as to sanitary and moral conditions by lhe city health,insp@ctor or lhe chief of police or,his duly
authorized agents; on demand. The licensee, his agent or employee shall not impede such inspection in any
manner or alert other persons as to the presence of the health officer or police.
5. Illumination. Any facility required to 6e licensed under this chapte"r sfiall illuminate tfiat pwtion of the
premises open to customees, at all times, by white light of not less than tfiree footcandlesbr its equivalent when
measured witfi a color-corYected J'ighf ineter.
Stuarf Wagner, AIGP
Planner
Planning & Development Department
City of Aubum _
25 West Main Street
Adburn, WA 95001-4998 p: (253) 804-5031
swagner(a~au6urnwa. gov
4/13%2010
Aubum CityCode
5.20A10 Chapter purpose and scope.
This cltaptec pi•ovi8es Iicense reqiiireinents.for, certain bqsiness aotivities. This cliapter does not repeal,
abrogate, annul or in aiiy way impair or ipterfere witli the existing provision of other laws or ordinvices,
except those specifically repealed by'the ordinance codified in this chapter: (Ord. 4012 § 2, 1984.)
5.20.170 Massagebusinesses, liealth salons and public bathGouses: A. Definitions
1. "Pacility" means aiiy of the definitions contained in tliis section or any ooinbination
tliereof.
2. "Healtli salon" means aiiy place or facility where yarious devices 2ncl eqtiipment are used
for the treatment of tfie human body incluiiing reducing devices; ath]etio equip1neiit,
massage tables, various type of steam and similai` baUi facilities, or aiiy combination of
tlie foregoing, for the purNose of weighCreduction physical improvement ol°as a' Geapry
eid'.
3. "Massage blisiness" means any place Nhei`e massage or other treatment to the body of
Tnotlier person by rnbbing, kneading; hitting or aiiy other manipulations arg given or
furnished, including the use of equipment, machinery or appliances in comieotioo with
tlie foregoing.
4. "Public batlihoi~se" meags aiiy place or facility wliere bTths or facilities for 6atlis of any
kind wbatever are given or furnislied and the teirn includes but is not limited to tlie
following: Finnisli Uatlis, Riissiaii baths, sauna batlis, Slwedish baths, Turkisli batlis, batiis
of Iiot aii; steain; vapoi•; water or electric cabinet or a combinatioii of aiiy of tlie
foregoing; provided, howeyer, tliat such term shall not incl}ide ordinary tub or sliower
baths, oc any of tfie a6ove-named bath"s,wliere tlie duties of the einployec do notrequii`e
Uliysical con)acf wit j aiiy customer.
B. Lic@nse Application - Qaalificafions = Requirements to Apply - Exemptions. The terms of this.
oliapter- shall nob apply to aiiy inassage treatment, liatlis. or any otlier equipinent or apEiliaiices
giveu in 'T, family home ryherein oply memGers of sucli family are treated or to aiiy such
treatments given in Tny hospital, duly liceused, which treats patients only upon written
prescriptiou of a:licensed do6tor of inedioine, or byany other person licensed by the state to treat,
the sick, injui`ed or,i_nfirm; or aiiy nurse uitder the directioti of 1 person licensecl.
C. License Regul?tions.
1. Licenses - Preregiiisite to Ailvertisemeiit. If is itnlawPul to aclvertise the giving of aiiy
treahiient or seivice as definecl in this cliapter by aiiy persoq or iu an estaUlishment uot
licensed or o(lierwise qullified pursuant to the terms of this chapter.
2. Pi•etuises - Stnndaids Geiiei•ally. Prior to tlie' isstiauce of any license for aiiy facili 'ty, as
deffiiect iu this cliapter, and prior to (he operatioil of aiiy Uusiness tlierein, it shAll be the
cluty of tlie city's btiilding deNartment and the city Iiealth officer to inspect tlie premises
or proposedpremises to deteriniue ift(ie followiiig staiidards and reqiiir"emeiits have beeu
niet and all applioable pltfinUipg, building and healtli cod'es are complied witli: It sliall be
tlie duty of'thg operator' or oryner, of siicli facilities to meet such requirements and to
maintain same at alGtimes iira clean, safe and sanitaiy manner.
a. Ad"equate'lighting, (§ee siibdivision 5 of this subsection, Illuminatioii), heating
aitcl ventilating'ai'e 4o be insfTlled_and maintained in all parts of tlie facility in fiill
Printed on 4/13%2010 Page 1
Aubum City Code
compliauce witli the city.'s applicable building, plumbiug, elech•ical aiid related
codes.
b. A}I floors within:tlie facility shnll be constructed of impeivious, nouabsorbing,
easily cleanalile material with appi•oved di•ain in the area containing a pool.
c. Ea"ch patrou using sucli apool facility shall be fiu-iiislieci witli an individual clean
towel or disposable paper mat by t(ie operator tliereof. ToNvels shall nof be
i•eused until they are Nasheil and sanitized. There s(iall be adequate facilities for
towel:an d mat stoi`age.
d. Al6 toilet and handwashiug facilities shall be available as requii-ed in the city's
plumbiiig code, applicable to places of piiblic assembly.
C. All pluiiiliiiig shall be installed according to tiig city's plnmUing code Tud sIi211,
be free of potential cross-connections.
£ If any facility coiitains any swirling water: pools wltere mor'e!ttieii one person is
"immersed;: suclS pools sliafl be niaintained uncler tlie same restrictions as.; any
public or seinipublic pool. Bacterial quality sliall be such that not more tlian 13
percent of any series of samples, nor niore tfian hvo consecutive sa»jples of any
series of sainples collected at tiines wlien tlie pool is in use; shal_l allow tlie
presence of coliform bacteria in any of the five IOanilfiliterpoitions examined.
Chlorine residunl of 0:4 parts pei• inillioii iii all parts of tlie l5ooi while in iise will
assure acceptable bacteriol"ogicals{anclards.
g: Clilorine agd pH test kits sliould be used routiiiely to clieck the clieuiical makeup
of pool water and results are to be recorded oii a daily log slieet and kept curcent
at all times.
b. .Any stool or bencli in any bath facility sliould be easily cleanable aiid soundly
constructed. Tliey should be covered witii single-service towels wlien in use.
i. All exeicise equipinenf and appliances sliall b"e i•oufiflely cliecked for possible
sttuctural weaknesses and shall be maintained in a safe and sanitary, manner at
all• times.
j. Gyiri iiiats tvith an easily oleaiiable surface sliall be used only. Tliese should 6e
cleaned and disinfectecieach day.
k. All pool's must be proviiled with recirculation aiid filtei•iiig equipiiieiit,. wfiich '
eqiiipmedt sliall incliide a rate-of-flow iiidicator and a loss-of-head gauge fa- the
backwash filter.
1. All showerand dressing facilities sliall"be available outside tlie pool ai•ea. Siicli
area iiuisf be Nvell lighted "and ventilated tvitlti nonslip floor finisli pi•ovided on
flqors sloping to a: floor clrain.
nt A safety bar or handrail shall be installed in the pool easily accessible to users iu
eveiy ai-ea of the pooL The rooins housing the swirl Nool, and sauna.slifilf have
aclequately sized wiudows for observing nsers.of tlie facilities:
n: Any sauna bath or similar facility shallduly post a mTximiun exposure timetabie
as suggested by the manufachirer tliereof.
o. Slairted or sloped ceilings shall be usecl in fhe sautla area jo prevent dcipping of
liof water orcusers.
p.. Any faoilities iising ultraviolet exposure rooms in their establishment shall post
iiiaximum exposure tiine.
Prinled. on 411312010 Page 2
AuUum City Code
3. Pi•emises - vispection. Any facility reqnired to be licensed uuder tfiiscliapteP shall at all
tiiiies Ue operi to inspection as to sanitaTy aiid inoral conditions by tlle city healtlt
iitspector or the cliief of police or his di'ly auUiorized agents, ou demand. The licensee,
liis agent or employee shall not impede suclr iifspection in any mamier or alei't otliee
persons as to the pFesence of the Iiealtfi officer or police.
4: Intei•nal Warning Sys4ems Prohibited. .4ny facility required to be licensed under this
cliapter shall not iustalP any device that is designed as an internal wafniiig systein Tnd'no
lioensee, his agent or employee'shall use any device for alerting persons in other portions
of the building.
5. Illumination.-Anyfacility required ro be:licetised uuder this chapter sliall illuminate tliat
portion of the premises olieii to custotners, at all times, by white liglit of not less tliTn
three footcandles or its equiyalent wlien measured ivith,a coloi~ corrected light meter..
6. Employees: It is unlawful for tite owner, proprietor, maiiager or pePson in charge of any
facility reqilired to 6e liceiised in this' oliapter to employ in sucli establisliment any
person who is. not 18 years of age ?ud of good moral character.
7. Certain Persons Proliibited. It is unlawful for the owner, propfietor, manager or person in
charge of any facility as clefiiied in tliisi cliapter; or any employee or agent of sttcli
esfablisliment,, to adinit lnyone under tlie age of 18 years of age and permit them to
remain in or aboiit sucli premises, unles's.siioh persorr is accanpauied 6y his or hei• pareiit
or legal guai•diaii, or to knowingly harboi; ailmit; recei've oi• permit to be or'ren7ain in or'
abouG suclt premises any prostitute; leryd or dissolirte person, nr any drunk or 6oisterous
persoiy or auy person under the influeiice bf aiiy narcotic oi• daiigerous drugs.
8. Prolii6ited Activities. It is unlaivful for any owner;, proprietor, mauager or person in
qliarge of Tny fncility ns defined in this chapter, or any employee or agent of such
estlUlishment, to perfoi•iii oi• allow to be' performed aity act, massage or maiiipulatioii in
wfiioh contacf is made witli another's, genital ai'ea eitlier by hand, body or by any
meclianiqal deyice or object, whether it is covered or mncovered, clotUed or unclothed,
whole orin put. .
~ 9. Dress RestFictions. It i§ ulilawful for any owuer, proprietor, manager or'persou in charge
of any facility as clefined in tliis:chapter, or anyemployee or agent of sucli establishmetit,
to disrobe or be.partially disro6ed iii the presence of anothei•, othertliaii liis or itel• laivfdl
niate, wliile iu any, facility definecl iii tGis, cliaNter; aud sliall w,ear a uuiform sucG as is .
, norfiially worn and recognized in tlte fielcl of inedicine while performing oc
administering any of tlie activities described within tfiis cliapter.
10. Superdisiai. The ownei•, nSaiiagei• or proprietor shall nave tlie premisea supervisect at all
times when open for bnsiness. Rooms and stalls used for the pnrpose of massage or
where ?n ?tfendant is provided or present slialL be coustructed in sucli a mannei• as to
permit inspection ivitliout eiitaring such rooms or stalls aud,withoirt having to open a
door; (Orcl. 4012 § 2, 1984.)
Printed on 4/13/2010 Page 3'