HomeMy WebLinkAbout05-16-2018 HE 5.16.181
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BEFORE THE HEARING EXAMINER FOR THE CITY OF AUBURN
Phil Olbrechts, Hearing Examiner
RE: Maxx Beauty Studio Special
Home Occupation Permit FINDINGS OF FACT, CONCLUSIONS
OF LAW AND RECOMMENDATION.
MIS18-0009
INTRODUCTION
The Applicant has requested a Special,Home Occupation Permit (SHOP) for a beauty
studio on an R-7 zoned property containing an existing single-family residence and
attached garage. The resident -owner is the only employee. The business will provide
esthetician care five days a week for a maximum of three hours per day by appointment.
The special home occupation permit is approved with conditions.
TESTIMONY
Staff Testimony
Cecile Malik, City of Auburn Planner, summarized the staff report. She noted that Matt
Peterson, via Ex. 11, requested that his prior written comments be disregarded.
EXHIBITS
Exhibits 1-10 identified in the Exhibit List at Pages 9-10 of the May 2, 2018 Staff
Report were admitted during the May 16, 2018 hearing. An email from Matt Peterson
dated May 9, 2018 was admitted as Ex. 11.
FINDINGS OF FACT
Procedural:
1. Applicant. The Applicant is Amandeep Kaur of 11672 SE 318`" Court,
Auburn, WA 98092.
2. Hearing. The Hearing Examiner conducted a hearing on the application at
5:30 p.m. at the City Council chambers at Auburn City Hall Annex on May 16, 2018.
Special Home Occupation Permit P. 1 Findings, Conclusions and Decision
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Substantive:
3. Site/Proposal Description. The Applicant requests a special home
occupation permit (SHOP) to operate a hair salon within her single-family residence
located at 11672 SE 3181h Court. The business will employ one resident -owner who
will provide esthetician services by appointment only between the hours of Tuesday
IOAM to 1PM, Wednesday 12PM to 3PM, Thursday IOAM to IPM, Friday 12PM to
3PM, and Saturday 10 AM to 2PM, by appointment only. The business will occupy
approximately 214.5 square feet of the applicant's 3,250 square foot home. Equipment
used for the business will consist of one (1) towel warmer, one (1) steamer for facials,
and one (1) wax warmer. No other mechanical equipment or commercial vehicles will
be used to conduct the business. No exterior or interior alterations to the home will be
involved. The Applicant has requested one (1) non -illuminated sign that will not exceed
the permitted size and will be affixed to the home. There will be no outdoor storage of
materials. The single-family residence has one attached two -car garage and two parking
stalls in the driveway. No animals will be maintained on the premises.
4. Characteristics of the Area. The subject property is zoned R7 Residential
Seven Dwelling Units Per Acre. It is adjoined by property zoned R7 on all but the north
side, which is zoned R5. The parcel is developed with a single-family residence. There
are single-family residences surrounding the subject on all sides. The subject is
accessed via SE 318'h Court.
5. Adverse Impacts. There are no significant adverse impacts associated with
the proposal. As conditioned, the subject use mitigates all potential adverse impacts.
Specific issues of concern are addressed as follows:
A. Traffic. No traffic impacts are anticipated. The City regulations limit overlapping
client visits to eight (two-way) client/delivery trips per day for businesses that
operate by appointment. Staff recommends a condition of approval requiring no
more than eight (8) two-way client trips/visits per day. To address potential trips
generated by the business, an additional condition of approval will limit the
business to the proposed business hours and by appointment only. All of the visits
will be limited to the non -PM Peak traffic hours.
B. Parking. No parking impacts are anticipated. Off-street parking is sufficient to
accommodate the anticipated number of clients. As noted in FOF 5A, the hours of
operation will be limited.
CONCLUSIONS OF LAW
Procedural:
1. Authority of Hearing Examiner. ACC 18.60.040(A)(3) and ACC 18.60.040(A)(6)
grants the Hearing Examiner with the authority to review and make a recommendation
on special home occupation permits for personal service shops.
Special Home Occupation Permit p. 2 Findings, Conclusions and Decision
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Substantive:
2. Zoning Designation. The property is currently zoned R7.
3. Review Criteria and Application. The criteria for special home occupation
permits are governed by ACC 16.60.40. ACC 16.60.040(A)(2) requires a special home
occupation permit (SHOP) for personal service shops. The Applicant has to meet at
least 11 of the 13 criteria specified in ACC 18.60.020(A)-(M). The criteria for the
special home occupation permit are satisfied as outlined below where each criterion is
quoted in italics and applied through corresponding Conclusions of Law.
ACC 18.60.020: 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 nonresident may be employed at any one time; provided, that home occupations
with a nonresident employee shall provide off-street parking for the employee on site;
4. The only employee will be the applicant. This criterion is satisfied.
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);
5. The only mechanical equipment proposed for use in the business includes
one (1) towel warmer, one (1) steamer for facials, and one (1) wax warmer. No other
mechanical equipment is proposed for use in the home occupation. This equipment is
found to be similar in terms of power, quantity, noise, emissions and type as might be
commonly or customarily used for domestic, household or personal purposes within a
dwelling unit. This criterion is satisfied.
C. Not more than one-fourth of the floor area of any building is devoted to such
occupation, except for bed and breakfasts;
6. The applicant proposes to use 214.5 square feet for the business within a
3,250 square foot single-family residence (<10% of the residence). This criterion is
satisfied.
D. That such occupation shall not require internal or external alteration or involve
construction features not customarily found in a dwelling;
7. No interior or external alterations to the home are proposed. This criterion
is satisfied.
Special Home Occupation Permit p. 3 Findings, Conclusions and Decision
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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;
8. No commercial vehicles will be used in the operation of the proposed home
occupation. This criterion is satisfied.
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;
9. The home occupation will not affect areas provided for off-street parking.
The applicant will provide two off-street parking spaces in the driveway. No additional
spaces for the business are required. This criterion is satisfied.
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;
10. The Applicant has requested one (1), non -illuminated sign that will not
exceed the permitted size and will be fixed to the home. This criterion is satisfied.
H. No display pertaining to the occupation, other than the one permitted sign, is visible
from the street or adjacent residences;
11. No displays other than the permitted sign are proposed. This criterion is
satisfied.
I No more animals are maintained on the premises than what may otherwise be
permitted in the zone;
12. No animals will be maintained on the premises. This criterion is satisfied.
J. Except for bed and breakfasts, employee and customer visits shall be limited to the
following hours of operation:
1. Employees from 8: 00 a. m. to 6: 00 p. m. Monday through Friday and from 9: 00
a. m. to 6: 00 p. m. on Saturday and Sunday,
2. Customers from 9: 00 a.m. to 6: 00 p. m. ;
Special Home Occupation Permit p. 4 Findings, Conclusions and Decision
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13. The business will provide esthetician services by appointment only between
the hours of Tuesday I OAM to 1 PM, Wednesday 12PM to 3PM, Thursday I OAM to
1PM, Friday 12PM to 3PM, and Saturday 10 AM to 2PM, by appointment only. No
PM Peak hour trips are proposed. This criterion is satisfied.
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;
14. As noted in Finding of Fact 5A, a condition of approval will limit trips to
no more than eight (8) two-way client trips/visits per day. To address potential trips
generated by the business, an additional condition of approval will limit the business
to the proposed business hours and by appointment only. As conditioned, this criterion
is satisfied.
L. Outdoor storage of materials, goods, products or equipment is not allowed;
15. No outdoor storage of materials, goods, products or equipment is proposed.
This criterion is satisfied.
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. No exterior alterations are proposed. With the exception of a small, non -
illuminated sign, there will be no change to the exterior appearance of the building. It
will maintain its appearance and principal function as a single-family residence. This
criterion is satisfied.
ACC 18.60.040(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
17. As conditioned, there will be no materially detrimental effect on the public
welfare or injury to property in the zone or vicinity. Operational hours will be limited.
Adequate off-street parking exists. The look and character of the property will remain
predominantly single-family residential. This criterion is satisfied.
Special Home Occupation Permit p. 5 Findings, Conclusions and Decision
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2. The authorization of such special home occupation permit will be consistent with
the spirit and purpose of this title.
18. The City's Home Occupation code allows home occupations in any zone in
which dwellings are present. A resident of the dwelling unit must conduct the home
occupation. The business must be conducted in such a manner that the residence shall
not differ from its residential character either by 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 home occupation's surrounding area (ACC
18.60.010).
For this application, the owner of the home occupation will reside at the dwelling. The
only external indication a home occupation will exist on the site is a small, non -
illuminated sign, and up to eight additional cars utilizing off-street parking for short
periods during the operating hours for a maximum of three hours five days per week.
A Special Home Occupation must comply with at least 11 of the 13 requirements of
ACC 18.60.040. As conditioned, the proposed SHOP complies with all 13 of the 13
requirements. For these reasons, the proposed SHOP will be consistent with the spirit
and purpose of the title.
DECISION
The Hearing Examiner approves MIS 18-009 with the following conditions:
The home occupation shall only operate by appointment Tuesday 10 AM to 1
PM, Wednesday 12 PM to 3 PM, Thursday 10 AM to 1 PM, Friday 12 PM to 3
PM, and Saturday 10 AM to 2 PM.
2. The home occupation shall not have more than eight (8) two-way client trips
per day (eight customer visits).
After installation of the sign, the applicant shall contact the City and request an
inspection of the sign. Staff shall verify the non -illumination, location, and
dimensions of the proposed sign upon installation.
Dated this 31St day of May 2018.
< �,A,40
Phil A. Olbrechts
City of Auburn Hearing Examiner
APPEAL RIGHT AND VALUATION NOTICES
Special Home Occupation Permit p. 6 Findings, Conclusions and Decision
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This decision is final subject to appeal to superior court as governed by Chapter 36.70C
RCW.
Affected property owners may request a change in valuation for property tax purposes
notwithstanding any program of revaluation.
Special Home Occupation Permit p. 7 Findings, Conclusions and Decision
HE 5.16.18 Pp. 2
Item I - MIS18-0009
Submitted by: Cecile Malik
EXHIBIT 11
From: Matt Peterson <maeterson333CZDamail.com>
Sent: Wednesday, May 9, 2018 8:19 AM
To: Cecile Malik <cmalilEQauburnwa.Qov>
Subject: Re: NOA for Maxx Beauty Studio - MIS18-0009
Hi Cecile,
The Spencer Place (318th Ct) HOA met yesterday (with a quorum) and put to a vote an exception to our
CC&Rs for the proposed business; the vote passed. This indicates that the HOA as a whole (not just the board)
does indeed approve of the proposed business which renders my previous complaints with respect to the
proposed business and our CC&Rs null and void. Coincidentally, I'm now the VP of the HOA as the fonner
VP has stepped down.
My question to you: can the record presented at the hearing be made to reflect this and exclude any of my
earlier communications to you with respect to the Spencer Place HOA and CC&Rs? I'd like to avoid attending
the hearing just to set the record straight, if I can avoid it. The 16th is my son's birthday.
Thanks,
Matt Peterson
On Wed, Apr 25, 2018 at 4:36 PM, Cecile Malik <cinalik cr auburnwa.pov> wrote:
Matt,
Thank you for sharing your concern. The City codes and regulations in place that allow home occupations do impose
limitations to prevent a residential street to become a commercial zone. Most home occupations consist of home
office with no customer visits. However, in the case of the current occupation, which has the potential of a greater
impact due to the customer visits, the code requires a public process where neighbors are notified, and comments
2.rd con,ernO are heart+ and addressed, nc! if apprn,cd, the perm;f ° cen.clitiened as to limit the impact on the
residential nature of the area.
Cecile Malik
From: Matt Peterson <mpeterson333@gmail.com>
Sent: Wednesday, May 9, 2018 8:35 AM
To: Cecile Malik
Subject: Re: NOA for Maxx Beauty Studio - MIS18-0009
Hi Cecile,
Excellent; thank you! And yes, please send me a copy of the decision.
Matt
On Wed, May 9, 2018 at 8:24 AM, Cecile Malik <cmalikaauburnwa.gov> wrote:
Matt, the previous comment is already included in the file of record, and so will this one. I cannot include it in the staff
report as it has already been sent, but I will share your request with the Hearing Examiner and any attendees at the
hearing. You do not need to attend the hearing.
I am glad to hear the issue has been resolved with the HOA. Congratulations on your nomination as VP.
Would you like to receive a copy of the decision once it is issued?
I hope you will enjoy your son's birthday celebration.
Sincerely,
Cecile Malik
Planner
City of Auburn
25 W Main St
Auburn, WA 98001
www.auburnwa.gov
cmalik(@auburnwa.gov
P: 253-288-4301 1 F: 253-804-3114
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