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Home My WebLink About01-15-2020 Hearing Examiner AgendaHEARING EXAMINER January 15, 2020 5:30 p.m. City Council Chambers 25 West Main Street I.Case No:MIS19-0010 Applicant(s):Rachel Smith 32511 108th Ave SE Auburn, WA 98092 Request: Request for a special home occupation permit to allow for a personal services use as a home occupation within the R-5 Residential Zone, Five Dwelling Units per Acre. The personal services use will specialize in skin care and only occupy up to 425 square feet of the existing dwelling. No Exterior changes are proposed. Project Location: The site is addressed as 32511 108th Ave SE, Auburn, WA. It is within NW ¼ of Section 17, Township 21, Range 5, W.M. King County Assessor Parcel No. 327605-0250. Parcel Number(s): King County Assessor Parcel No. 327605-0250 1 of 29 AGENDA BILL APPROVAL FORM HEARING EXAMINER Agenda Subject/Title: MIS19-0010, Skin Savvy Special Home Occupation Date: December 30, 2019 Department: Community Development DESCRIPTION: Request for a special home occupation permit to allow for a personal services use as a home occupation within the R-5 Residential Zone, Five Dwelling Units per Acre. The personal services use will specialize in skin care and only occupy up to 425 square feet of the existing dwelling. No exterior changes are proposed. ADMINISTRATIVE RECOMMENDATION: Hearing Examiner to conduct a public hearing and approve the Special Home Occupation Permit with two conditions. LOCATION: The site is addressed as 32511 108th Ave SE, Auburn, WA. It is within NW ¼ of Section 17, Township 21, Range 5, W.M. King County Assessor Parcel No. 327605-0250. APPLICANT(S)/PROPERTY OWNER(S): Rachel Smith, 32511 108th Ave SE, Auburn, WA 98092 APPLICANT’S REPRESENTATIVE: Rachel Smith, 32511 108th Ave SE, Auburn, WA 98092 Subject Property and Adjacent Property Zoning and Land Use: Comprehensive Plan designation Zoning classification Current Land Use Project Site Single Family R-5, Residential Five dwelling units per acre Single-family residence North Single Family R-5, Residential Five dwelling units per acre Single-family residence South Single Family R-5, Residential Five dwelling units per acre Single-family residence West Single Family R-5, Residential Five dwelling units per acre Single-family residence East Single Family R-5, Residential Five dwelling units per acre Single-family residence 2 of 29 Staff Member: Dustin Lawrence Date: December 30, 2019 Page 2 of 8 Zoning Map Excerpt Subject Property R-5 R-1 3 of 29 Staff Member: Dustin Lawrence Date: December 30, 2019 Page 3 of 8 SEPA STATUS: The Project is exempt from the State Environmental Policy Act (SEPA) per Washington Administrative Code (WAC) 197-11-800(13)(a) as a “business or regulatory license”. FINDINGS OF FACT: 1.Rachel Smith (the “Applicant” and property owner) submitted an application for a Special Home Occupation Permit on November 18, 2019 to conduct a personal care salon (personal services shop) known as “Skin Savvy” within an existing 2,160 square foot (SF) single-family residence. The use will occupy no more than 425 square feet of the existing residence. The single-family residence has an attached 2-car garage, two paved off-street parking spaces (driveway spaces), one graveled off-street parking space, and is located on an approximately 0.23-acre parcel (“Site”) per King County Department of Assessments website and the City’s GIS aerial imagery. 2.Home occupations authorized by and subject to the standards of Chapter 18.60 ACC “Home Occupations” are permitted within the R-5 zone. 3.The comprehensive plan designation of the site is “Single Family Residential”. This designation is implemented by the zoning classification of the site as “R-5, Residential 5 dwelling units per acre”. 4.The stated purpose of the R-5 zone is as follows: “ACC 18.07.010 Intent. D.R-5 Residential Zone – Five Dwelling Units per Acre. The R-5 single-family residential zones are intended to create a living environment of optimum standards for single-family dwellings. It is further intended to achieve development densities of four to five dwelling units per net acre. This zone will provide for the development of single-family detached dwellings and for such accessory uses as are related, incidental and not detrimental to the single-family residential environment.” 5.The home occupation will employ one resident-owner, with business hours being limited to 9:00 AM to 6:00 PM. As the home occupation will have clients arrive and depart between the weekday PM peak hours of 4 PM to 6 PM, a traffic impact fee will be assessed in accordance with city requirements contained in ACC 19.04.040, “Assessment of (traffic) impact fees” A traffic impact fee is assessed for creation of vehicle trips within the PM peak hour. 6.One customer is proposed at a time during normal operation hours of the business. According to the applicant, the planned trips are anticipated to be less than five two-way client trips per day. Further, no trips would be overlapping. its per day will be generated. 7.The home occupation will occupy 425 SF of the daylight basement portion of the principal residence. 8.No equipment will be used for the business. 4 of 29 Staff Member: Dustin Lawrence Date: December 30, 2019 Page 4 of 8 9.In accordance with the City’s home occupation regulations (ACC 18.60.040(A)), personal service shops require a “Special Home Occupation Permit”. This same code section also requires home occupations that can only meet 11 or 12 of the 13 requirements require an approved Special Home Occupation Permit to be granted by the Hearing Examiner, and must meet a minimum of 11 out of the 13 criteria ACC 18.60.020(A) through (M), as follows: “18.60.020 Requirements A. Only members of the immediate family residing on the premises and no more than one non-resident may be employed at any one time; provided, that home occupations with a nonresident employee shall provide off-street parking for the employee on site. B. No mechanical equipment is used except such as is commonly or customarily used for domestic, household or personal purposes for a dwelling unit (or as d eemed similar in terms of power, quantity, noise, emissions and type). C. Not more than one-fourth of the floor area of any building is devoted to such occupation, except for bed and breakfasts. D. That such occupation shall not require internal or external alteration or involve construction features not customarily found in a dwelling. E. The home occupation shall not involve the use of personal commercial vehicles as defined in ACC 18.04.245 for the distribution of materials to or from the premises. Deliveries or pickups by commercial delivery services shall not apply toward this limitation provided such pickup or delivery does not exceed twice per day. F. The conduct of any home occupation, including but not limited to the storage of goods and equipment, shall not reduce or render unusable areas provided for the required off-street parking. Additional parking is not allowed in order to conduct a home occupation, except what may be required through the issuance of a special home occupation permit pursuant to ACC 18.60.040. 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: 5 of 29 Staff Member: Dustin Lawrence Date: December 30, 2019 Page 5 of 8 1. Employees from 8:00 a.m. to 6:00 p.m. Monday through Friday and from 9:00 a.m. to 6:00 p.m. on Saturday and Sunday; 2. Customers from 9:00 a.m. to 6:00 p.m. K. Traffic generated by the home occupation shall be limited to a maximum of eight (two-way) client/delivery-related trips per day for those home occupations that operate by appointment only and do not have overlapping client visits. All other home occupations shall be limited to five (two-way) client/delivery trips per day. L. Outdoor storage of materials, goods, products or equipment is not allowed. M. The home occupation is to be conducted in such a manner that the residence shall not differ from its residential character either by the use of colors, materials, construction, lighting, signs, or the emissions of sounds, noises, vibrations or odors or result in traffic impacts inconsistent with the character of the area in which the home occupation is located.” 10.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.” 11.Per ACC Table 18.52.020, “Off-Street Parking Requirements by Land Use”, two (2) off-street parking spaces are required per single-family dwelling. 12.A combined Notice of Application and Notice of Public Hearing (“Exhibit 4”) was issued on December 17, 2019. As of the date of the preparation of this staff report, no public comments have been received by the City. 13.The public hearing notice was issued a minimum of 10 days prior to the public hearing as required by ACC 2.46.130. The notice was also posted at the Site and mailed to adjacent property owners within 300 feet of the Site, as required. CONCLUSIONS: The city’s home occupation regulations, ACC 18.60.040, provide certain criteria for approval of a Special Home Occupation Permit. The following is a list of these criteria (in italics) and staff analysis of how the Project compares to the criteria: A.Special home occupation permits are required and must be granted by the hearing examiner for the following uses, even if the use meets all of the requirements of ACC 18.60.020(A) 6 of 29 Staff Member: Dustin Lawrence Date: December 30, 2019 Page 6 of 8 through (M), but in no case shall any home occupation meet less than 11 of the 13 requirements: 2.Personal service shops; Staff Analysis The home occupation is for a personal care salon (personal service shop) that can meet at least 11 of the 13 requirements per ACC 18.60.020(A) though (M). A.The Applicant is the only employee. Staff finds that the home occupation meets criteria ACC 18.60.020(A). B.The Applicant states that no mechanical equipment will be used in the operation of the home occupation. Staff finds that the home occupation meets criteria ACC 18.60.020(B). C.The Applicant states that 425 SF of the principal residence will be used for the home occupation, which is less than ¼ of the floor area of the home. The home is 2,160 square feet (SF) single-family residence per the King County Department of Assessments website. Staff finds that the home occupation meets criteria ACC 18.60.020(C). D.No interior or exterior alternations to the home are proposed. Staff finds that the home occupation meets criteria ACC 18.60.020(D). E.The Applicant states that the home occupation will not involve the use of commercial vehicles, which are defined in ACC 18.04.245 as semi-truck tractors and/or semi-trailers over 26,001 pounds gross vehicle weight. Staff finds that the home occupation meets criteria ACC 18.60.020(E). F.The home occupation will not reduce or render unusable areas provided for required off- street parking. The Applicant has five spaces; two (2) off-street parking spaces in the garage, two (2) in the driveway, and one (1) within a graveled area abutting the driveway. The home occupation will be conducted in such a manner that will reserve two off-street parking spaces for the home and thus not reduce the home’s required two parking spaces. Parking for clients will be provided by one (1) off-street parking space. Staff finds that the home occupation meets criteria ACC 18.60.020(F). G.Auburn City Code 18.60.020(G) allows for one 18 inches by 24 inches in area, non- illuminated sign. The Applicant has indicated they are not proposing signage as part of this request. Staff finds that the home occupation meets criteria ACC 18.60.020(G). H.The home occupation will not involve any display. Staff finds that the home occupation meets criteria ACC 18.60.020(H). I.No animals will be maintained on the premises. Staff finds that the home occupation meets criteria ACC 18.60.020(I). 7 of 29 Staff Member: Dustin Lawrence Date: December 30, 2019 Page 7 of 8 J.The home occupation proposes to operate 9 AM to 6 PM, Monday through Sunday. As such, the proposed special home occupation will conform to the regulated hours of operation, as follows: 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. Should the business operate between the weekday PM peak hours of 4 PM to 6 PM, a traffic impact fee of $4,661.34 per trip will be required before issuance of the City business license. As an alternative to paying the traffic impact fee, the applicant may limit their business hours by having the last appointment end by 4 PM. Under each scenario, staff finds that the home occupation meets ACC 18.60.020(J). K.The applicant has indicated that the home occupation will be limited to five or less two- way client trips per day, none of which will be overlapping and all of which will be by appointment only. Therefore, staff finds that the home occupation meets ACC 18.60.020(K). L.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 criteria ACC 18.60.020(L). M.As no exterior alterations are proposed, the home occupation will be conducted in a manner such that the home will not differ aesthetically in character from a residence. The home occupation will only operate from 9 AM to 6 PM, as conditioned. In addition, no more animals will be maintained on the premises. The City’s transportation staff has identified no traffic safety, flow, or other anticipated traffic impacts. Staff finds that the home occupation meets ACC 18.60.020(M). Staff finds the request meets the criterion, as conditioned herein. B.In considering applications for special home occupation permits, the hearing examiner shall consider the nature and conditions of all adjacent uses and structures. No such special home occupation permit shall be authorized by the hearing examiner unless the hearing examiner finds that: 1.The authorizing of such special home occupation permit will not be materially detrimental to the public welfare or injurious to the property in the zone or vicinity in which the property is located; and 2.The authorization of such special home occupation permit will be consistent with the spirit and purpose of this title. Staff Analysis Authorization of the Special Home Occupation Permit for the home occupation will not be materially detrimental to the public welfare or injurious to the property in the zone or vicinity in 8 of 29 Staff Member: Dustin Lawrence Date: December 30, 2019 Page 8 of 8 which the property is located, with observance of the staff recommended conditions. The home occupation meets 13 out of the 13 criteria of ACC 18.60.020(A) though (M), and the business license will be conditioned to either ensure that at least 11 out of the 13 criteria are met or to account for any potential materially detrimental impacts from the inabili ty to meet 2 of the 13 criteria as, as addressed in ‘Staff Analysis of Section IV. “CONCLUSIONS”. As consistent with the purpose of home occupations, the home occupation is undertaken for gain or profit 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, it is also not detrimental to single-family residential environment and consistent with the intent of the R-5 zone. STAFF FINDS THE REQUEST MEETS THE CRITERION, AS CONDITIONED HEREIN. STAFF RECOMMENDATION: Based upon the application, accompanying materials, Findings of Fact, and Conclusions of the staff report, staff recommends that the Hearing Examiner approve the Special Home Occupation Permit, MIS19-0010, with the following Conditions of Approval. CONDITIONS OF APPROVAL: 1.The home occupation shall only operate between the hours of 9 AM and 6 PM in accordance with the hours of operation for student/client visits criteria of ACC 18.60.020(J). 2.As the Applicant has proposed client visits within the weekday PM peak hour (4 PM to 6 PM), a traffic impact fee of $4,661.34 per trip will be required before issuance of the City business license. Should the applicant modify the operating hours of the business by having the last weekday appointment end before 4 PM, the traffic impact fee will not be required. 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 EXHIBIT LIST: Exhibit 1 Staff Report Exhibit 2 Special Home Occupation Permit Application Materials Exhibit 3 Notice of Application/Notice of Public Hearing Exhibit 4 Affidavit of Publication Exhibit 5 Affidavit of Mailing Exhibit 6 Affidavit of Posting 9 of 29 10 of 29 11 of 29 12 of 29 13 of 29 14 of 29 15 of 29 16 of 29 17 of 29 18 of 29 19 of 29 20 of 29 21 of 29 22 of 29 23 of 29 24 of 29 NOTICE OF APPLICATION (NOA) NOTICE OF PUBLIC HEARING (NOPH) Skin Savvy - Special Home Occupation Permit MIS19-0010 The City of Auburn is issuing a Notice of Application (NOA) and Notice of Public Hearing (NOPH) for the following described project. The special home occupation permit application and associated materials may be obtained on the City’s Public Notice webpage at www.auburnwa.gov/landuse, by contacting the Staff contact listed below, or at the City of Auburn Customer Service Center, 1 E Main St., 2nd Floor, Auburn, WA 98001. Proposal: Request for a special home occupation permit to allow for a personal services use as a home occupation within the R-5 Residential Zone, Five Dwelling Units per Acre. The personal services use will specialize in skin care and only occupy up to 425 square feet of the existing dwelling. No exterior changes are proposed. Location: The project site is located at 32511 108th Ave SE. King County Assessor Parcel No. 327605-0250; see Vicinity Map below. Notice of Application: December 17, 2019 Application Complete: November 18, 2019 Permit Application: November 18, 2019 File No. MIS19-0010 Applicant: Rachel Smith Skin Savvy 32511 108th Avenue SE Auburn, WA 98092 Property Owner: Same as Applicant Studies/Plans Submitted With Application: Site Plan Other Permits, Plans, and Approvals Needed: Special Home Occupation Permit: Hearing Examiner Statement of Consistency and List of Applicable Development Regulations: This proposal is subject to and shall be consistent with the Auburn City Code, Comprehensive Plan, and Public Works Design and Construction Standards. Public Comment Period: All persons may comment on this application and are encouraged to submit comments in writing by 5:00PM on January 15, 2020. Comments may also be submitted verbally or in writing at the hearing. Comments may be submitted to the mailing address of 25 W Main St., Auburn, WA 98001, or to the email address below. Please reference City File No. VAR18- 0009. Any person wishing to become a party of record, shall include in their comments that they wish to receive notice of and participate in any hearings, if relevant, and request a copy of decisions once made, and be made aware of appeal rights. 25 of 29 NOTICE OF APPLICATION and NOTICE OF PUBLIC HEARING MIS19-0010 (Continued) Page 2 of 2 Public Hearing: Hearing Examiner hearing is scheduled for 5:30 PM on January 15, 2020, in the City Council Chambers at 25 W Main St., Auburn, WA 98001. Any interested person is invited to appear and express comments or opinions on the proposed project. For citizens with speech, sight, or hearing disabilities wishing to review documents pertaining to this hearing should contact the person below within 10 calendar days prior to the hearing. Each request will be considered individually according to the type of request, the availability of resources, and the financial ability of the City to provide the requested services or equipment. For questions regarding this project, please contact Dustin Lawrence, AICP, Senior Planner, at planning@auburnwa.gov or 253-931-3092. Vicinity Map: SUBJECT PROPERTY 26 of 29 -Notice Details- Total NET Cost: $165.02 Class Name: Public Notices Account #: 107302 Advertiser Name: City of Auburn, Finance Dept Agency Name: Contact: Shawn Campbell Address: 25 W Main St Auburn, WA 98001 Telephone: (253) 876-1980 These are the details of your notice scheduled to run on the dates indicated below. NOTICE OF APPLICATION (NOA) NO-TICE OF PUBLIC HEARING (NOPH) The City of Auburn is issuing a Notice of Application (NOA) and a Notice of Public Hearing (NOPH) for the following de-scribed project. The special exception ap-plication and associated materials may be obtained on the City’s Public Notice web-page at www.auburnwa.gov/landuse, by contacting the Staff contact listed below, or at the City of Auburn Customer Service Center, 1 E Main St., 2nd Floor, Auburn, WA 98001 during business hours. Propos-al:Request for a special home occupation permit to allow for a personal services use as a home occupation within the R-5 Residential Zone, Five Dwelling Units per Acre. The personal services use will spe-cialize in skin care and only occupy up to 425 square feet of the existing dwelling. No exterior changes are proposed. Loca-tion:The project site is located at 32511 108th Ave SE. King County Assessor Par-cel No. 327605-0250. Notice of Application: December 17, 2019 Notice of Complete: November 18, 2019 Permit Application: November 18, 2019 File No. MIS19-0010 Property Owner:Rachel Smith, Skin Sav-vy, 32511 108th Avenue SE, Auburn, WA 98092 Applicant:Same as Property Own-er Studies/Plans Submitted with Applica-tion: Site Plan Other Permits, Plans, and Approvals Needed: Special Exception: Hearing Examiner Approval; Statement of Consistency and List of Applicable De-velopment Regulations:This proposal is subject to and shall be consistent with the Auburn City Code, Comprehensive Plan, and Design and Construction Standards. Public Comment Period:All persons may comment on this application and are en-couraged to submit comments in writing by 5:00 PM on January 15, 2020.Com-ments may also be submitted verbally or in writing at the hearing. Comments may be submitted to the mailing address of 25 W Main St., Auburn, WA 98001 or to planning@auburnwa.gov; please refer-ence City File No. MIS19-0010. Any per-son wishing to become a party of record, shall include in their comments that they wish to receive notice of and participate in any hearings, if relevant, and request a copy of decisions once made, and be made aware of appeal rights. Public Hearing:A public hearing before the Hearing Exam-iner will be held on January 15, 2020 at 5:30 PM in the City Council Chambers at Auburn City Hall, 25 W Main St., Auburn, WA 98001. Any interested person is invited to appear and express comments or opin-ions on the proposed project. For citizens with speech, sight, or hearing disabilities wishing to review documents pertaining to this hearing should contact the person below within 10 calendar days prior to the hearing. Each request will be considered individually according to the type of re-quest, the availability of resources, and the financial ability of the City to provide the requested services or equipment.Date Issued: December 17, 2019. *The ad preview below may not be to actual scale Account Information Legals Desk Contact Information Phone # (206) 652-6018 Email: legals@seattletimes.com Notice Placement Information Prepayment Information Seattle Times 12/17/19 NWclassifieds 12/17/19 NWclassifieds 12/18/19 NWclassifieds 12/19/19 NWclassifieds 12/20/19 NWclassifieds 12/21/19 NWclassifieds 12/22/19 NWclassifieds 12/23/19 Run Date(s) Notice ID: 923550 Purchase Order #: MIS19-0010 # of lines: 74 Date Method Card Type Last 4 Digits Check # Amount 27 of 29 28 of 29 29 of 29