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