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HomeMy WebLinkAbout07-21-2008 ITEM II-B-1TYOF 7 AU"URN ,n WASHINGTON Agenda Subject: Appeal (Application No. APL08-0001) of Hearing Date: July 15, 2008 Examiner's decision on a Request For a Special Home Occupation Permit (Application No. MIS08-0010 Department: Planning, Building, Attachments: Budget Impact: N/A and Community Please refer to Exhibit List on page 2 Administrative/Staff Recommendation: City Council to conduct closed record appeal hearing and uphold the Hearing Examiner's June 6, 2008 decision to approve the Special Home Occupation Permit subject to conditions and deny the applicant's request for revised conditions of approval. Background Summary: APPLICANT/OWNER: Nataliya I. Worthington, .NW Landscape by Design, LLC 809 23rd St. SE, Auburn, WA 98002 AGENT: Edward L. Mueller, Attorney 2030112 1h Ave. NE # 110, Bellevue, WA 98004 APPEAL: An appeal filed by Nataliya Worthington dba NW Landscape by Design, LLC on the Hearing Examiner's decision to approve, with conditions, an application for a special home occupation to conduct a home-based landscaping installation and maintenance business at 809 23rd Street SE. SPECIAL HOME OCCUPATION REQUEST: A request for a Special home occupation that includes: landscape design, installation, and maintenance. The area within the home will be used as an office for the business records and for the design service. The storage of garden tools (typical to a residence) will be in the garage. Transport of these garden tools to job sites will be by the owner's personal truck and utility trailer (also used as part of the business). Up to four non-resident employees will drive directly to job sites or other meeting location. The applicant agrees that these employees will not meet at the home, or park vehicles at or near the home on public streets. LOCATION: 809 23rd St. SE. The property is located on the north side of 23rd St. SE Within the NE quarter of Section 19, Township 21 North, Range 5 East, W.M. Assessor's Parcel Number: 1388600070. EXISTING ZONING: R-2, Single Family Residential District L0721-1 A3.23.1 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 Action: Committee Approval: ❑Yes ❑No Council Approval: ❑Yes ❑No Call for Public Hearing Referred to Until Tabled Until Councilmember: Norman Staff: Baker Meeting Date: May 21, 2008 Item Number: II.A.1 AUBURN* MORE THAN YOU IMAGINED Agenda Subject: Closed Appeal Hearing APL08-0001 Date: July 15, 2008 APPEAL EXHIBIT DOCUMENTS: Exhibit A. Staff Report for this Appeal Exhibit B. Applicant's Appeal Application, received June 20, 2008 Exhibit C. Examiner's Decision on Special Home Occupation, dated June 6, 2008, Mailed June 10, 2008 Exhibit D. Hearing Examiner Exhibits 1-23, File No. MIS08-0010 Exhibit 1 Staff Report for MIS08-0010 dated 4/10/2008 w/Attachments: a. Site Plan, rec'd 3/18/2008 b. City of Auburn GIS 2007 Aerial photo of Site. Exhibit 2 Master Land Use Application (2 pages), received 03/18/2008, complete application on April 7, 2008 Exhibit 3 Notice of Application & Public Hearing and Vicinity Map, mailed 4/23/2008 Exhibit 4 Affidavit of Mailing on 04/23/08 Exhibit 5 Affidavit of Posting, rec'd 4/30/2008 & site posted on 4/23/2008 Exhibit 6 E-mail Confirmation on 4/16/2008 of future Publication of Seattle Times Legal Notice w/Affidavit of Auburn request for publication on 4/16/2008 (3 pages) Exhibit 7 E-mail Fm. Robert Worthington 4/1/2008 to J Dixon (2 pages) Exhibit 8 E-mail Fm. Robert Worthington 4/1/2008 to K Scharer (2 pages) Exhibit 9 E-mail Fm. Jack and Gwen Coen, 2300 H Street SE (2 pages), Auburn WA 98032, rec'd 4/26/2008 Exhibit 10 E-mail Fm. R. Worthington rec'd 4/27/2008 (3 pages) Exhibit 11 Vicinity Map (portion of Assessor Map) downloaded from the King County Web Site, Latest update 12/15/2007 Exhibit 12 Photos of property and neighboring properties, 4 pages, taken by PB&C staff on 5/2/2008 Exhibit 13 April 26, 2008 letter from Dennis and Teresa Millard, neighbors Exhibit 14 Revised staff recommendation on conditions, dated May 21, 2008. Exhibit 15 "Robert's Hearing Statement", statement of the applicant Exhibit 16 "Current City Concerns and Recommendations" Response and proposed revised conditions offered by R. Worthington Exhibit 17 Reciprocal Access and Stormwater Easement and Maintenance Agreement offered by R. Worthington, an example of a Public Works Form Exhibit 18 "Community concerns already presented" from applicant, R. Worthington. Responses to concerns raised by neighbors and City staff. Exhibit 19 Reserved (number skipped) Exhibit 20 11 color Photographs property by R. Worthington Exhibit 21 Letter of recommendation from Dan Roberts. (regarding quality of service provided) Exhibit 22 3 photographs of property submitted by R. Worthington. Exhibit 23 Boundary Agreement presented by R. Worthington. Page 2 of 8 Agenda Subject: Closed Appeal Hearing APL08-0001 Date: July 15, 2008 SUBJECT OF APPEAL The written appeal centers on Condition #1 of the Examiner's decision granting approval of the Special Home Occupation for a landscape maintenance and installation business in a residential zoning district. The condition reads as follows: Condition 1. The applicant must obtain approval of the neighboring property owner for a reciprocal ingress and egress access agreement for the improved 20 -foot wide driveway. The agreement must also address driveway maintenance (10 feet improved on each property) and liability. The agreement shall be reviewed by the Planning, Building and Community Department and be in a form found acceptable by the City. This approved agreement shall be recorded. Alternatively, should the applicant demonstrate to the City that a good faith effort was made to secure the easement and maintenance agreement, and further that the neighbor is unwilling to come to a reasonable agreement, then the applicant shall have the ability to upgrade the 10 -foot wide improved driveway to a minimum of 11 -feet. In general, the appeal questions the need for Condition #1, a formal "reciprocal ingress and egress access agreement" (shared access agreement) for use of two improved 10 -foot wide asphalt driveways that directly abut each other. The side by side panhandle access driveways each have a recorded and legally platted width of 20 feet under the Plat of Carmen's 1s` Addition, platted in 1989. Building permits for homes were issued in 1989. Each panhandle access is improved with a 10 foot wide driveway. Together abutting each other, they have a total improved width of 20 feet. Each individual owner only has rights over their improved 10 feet width without an access agreement. The 10 foot improved width provides the legal access to the home, however two cars can not pass each other in the 10 foot improved width. Having the two driveways abutting, traffic to and from the two homes have the physical ability to share driveways but not legal rights. APPEAL ARGUMENTS and STAFF RESPONSES 1. A. The errors which the Appellant believes were made in the action or decision of the hearing examiner that are being appealed. Applicant's Augment 1.A. Summarized: The Hearing Examiner ignored evidence that the driveways of the applicant and neighbor are separate driveways and have been used as separate driveways. A reciprocal ingress and egress access agreement is unreasonable when access improvements can be accommodated entirely within the applicant's property. Planning, Building and Community Response to Applicant's Argument 1,A: This argument has two parts: i. Did the Examiner ignore evidence regarding property ownership and use of the driveways? ii. Is the reciprocal agreement an unreasonable condition of approval? i. The Examiner's decision clearly provides evidence that the factors of driveway ownership and existing and proposed use were considered. The Examiner summarized the testimony of Karen Scharer, staff, that "individual access for the applicant at this time is ten feet". (page 1, line 15). Further, the Examiner summarized in his decision the testimony of the applicant, Nataliya Worthington, that "her panhandle driveway is owned separately from the adjoining panhandle driveway." (Page 1, lines 21-22). Page 3 of 8 Agenda Subject: Closed Appeal Hearing APL08-0001 Date: July 15, 2008 Under Findings of Fact the Examiner states, "The panhandle driveway is twenty feet wide. The panhandle is not jointly owned. Each of the two property owners who use the panhandle driveway own one half (ten feet wide) of the panhandle driveway, but there is nothing that separates the two halves of the twenty - foot -wide driveway." (Page 3, lines 12-14) The Examiner took into account the way the driveway is used since at the May 21, 2008 hearing Nataliya Worthington acknowledged there is some overlapping use of the two abutting 10 wide improved driveways when stating, "If our car drives a little bit, I mean, inside, we try to the both of us try to stay as close to each others side as much as we can. I mean, I understand it is humanly impossible never to stay because, you know, there is no separation on the other side. Um. We, both of us said we know we are fine with it at this point." (sic) The applicant's argument that the Examiner ignored evidence of ownership of the panhandle and its use is not consistent with the established record and decision. ii. Condition #1 that the applicant attempt to secure a reciprocal access agreement is a "reasonable" condition of approval. This is supported by the Finding of Fact cited by the Examiner that the proposal, including the conditions, would not be materially detrimental to the public welfare or injurious to properties nearby and that it is consistent with the spirit and purpose of this title (ACC 18.60.040.6.). To assure that the use will not be injurious to the neighboring property, the Examiner conditioned that the reciprocal agreement attempt to be secured and include maintenance responsibility based on the high probability that there would be more vehicle trips using driveway with the trailer associated with the business than with a typical residence (Page 2, lines 4-5). The testimony of the applicant at the hearing affirmed that overlapping usage of the two driveways occurs (see quotation above in 1.A. I. by the applicant). Drivers using the driveway to access each residence do not stay exclusively on the respective side of the driveway. The current driveway configuration does not provide optimal standards for the Living environment of the two single family homes. Expanding traffic on the driveway(s) as a result of the Special Home Occupation would not further the purpose of the R-2 District under the Zoning Code due to the irregular configuration of the abutting driveways. The intent of the District is in part to provide optimal standards for single family dwellings. The current two abutting driveways appear as one. People accessing either house would likely make the assumption that the access is one large driveway rather than two separately owned driveways (Examiner's report page 2, lines 5-7 and Exhibit 12 photos 2 and 3). To allow even a small intensity of driveway use would be inconsistent with the criteria for approval of the Special Home Occupation, unless the conditions of approval specifically address the issue of driveway usage by the business, current driveway development standards, and also provides a condition that best addresses standards for the residential living environment. In summary, the Examiner imposed a condition that the applicant makes an reasonable effort to secure the reciprocal agreement to minimize negative impacts on the neighbor from increased usage attributable to the installation and maintenance business and the current situation of overlapping use by each neighbor and probable confusion of driveway use from people accessing either property. If the applicant is unsuccessful in securing the agreement, alternatively the condition can be satisfied by widening the driveway to meet city width standards. Page 4 of 8 Agenda Subject: Closed Appeal Hearing APL08-0001 Date: July 15, 2008 1.B. The errors which the Appellant believes were made in the action or decision of the Hearing Examiner that are being appealed. Applicant's Augment 1.6. Summarized: The Hearing Examiner ignored evidence that the proposed use will not result in an increase in traffic except for one truck and trailer. There is no evidence of confusion of use of the two driveways. Planning, Building and Community Response to Applicant's Argument 1.B.: This argument has two parts: i. Is there an increase in traffic on the driveway? ii. Is there evidence of confusion of use in of the two driveways as one? i. The expansion of the business from a landscape design business to include landscape maintenance and installation will increase the probability that the truck, and with a greater certainty the trailer will be driven on the driveway more often. The Examiner's decision does agree with the amount of increased usage discussed in the Applicant's Appeal Argument 1.13. ii. The testimony of staff spoke to the issue of the probable confusion by anyone visiting either of the two properties (Page 2, lines 4-5). There were no other witnesses other than staff to testify as to confusion of access. Staff presented photos (Exhibit 12, photos 2 & 3 of 4) which show the condition of the two abutting driveways appearing as one and the physical context of the driveways. The Examiner spoke to this issue in Finding #5., Page 3, lines 18-22. The applicant's appeal argument is without merit. 1.C. The errors which the Appellant believes were made in the action or decision of the hearing examiner that are being appealed. Applicant's Augment 1.C. Summarized: The Hearing Examiner required an unsupported and unreasonable access agreement as a condition of Special Home Occupation Permit. The applicant wishes to either use the existing access on his property or an improved access which would meet today's code standards on his property. Planning Building and Community Response to Argument 1.C.: Responses above to Arguments 1.A and 1.8. address the applicant's assertion of an unsupported condition by the Examiner and also addresses whether the required reciprocal agreement for joint access is unreasonable as a condition for Special Home Occupation. Staff responded to this argument specifically in 1.A.ii. above, and described how and where the Examiner supported his decision to require the condition. 2.A. Specific Reasons why the City's action or decision (Hearing Examiner's Decision) should be reversed or modified. Applicant's Augment 2.A. Summarized: The condition imposed is arbitrary because it is not based on evidence or a reasonable need for the condition as a business license has already been applied for and granted for the use. Planning, Building and Community Response to Argument 2.A.: The staff report (Exhibit 1, Finding # 9) clearly explains that "The applicant currently has a business license (No. BUS25516) to operate the landscape design portion of his business. The limited license was issued March 24, 2008 and will expire June 30, 2008. A new license or modification of the license will be required if the business is expanded to include landscape installation and maintenance as sought by the Special Home Occupation request." The applicant's argument is unfounded. A business license for the landscape maintenance and installation component has not been granted. Page 5 of 8 Agenda Subject: Closed Appeal Hearing APL08-0001 Date: July 15, 2008 2.B. Specific Reasons why the City's action or decision (Hearing Examiner's Decision) should be reversed or modified. Applicant's Augment 2.B. Summarized: The reciprocal access agreement would encumber the titles and require approval of mortgage lenders of both properties. This would result in unnecessary legal expense. Planning Building and Community Response to Argument 2.B.: The record of the Examiner does not include documentation that the applicant's or neighbor's mortgage holder would indeed charge fees associated with a reciprocal agreement and the associated cost. This information could have been presented to the Examiner for consideration in his decision. Further, the applicants did not exercise their opportunity to request the Hearing Examiner reconsider his decision (ACC 18.56.150) under which the Examiner could have potentially considered such information. 3.A. Harm to Applicant (and her husband.) Applicant's Augment 3.A. Summarized: The requirement for requesting the reciprocal access agreement to be presented to the neighbor has caused friction between the two families. Additionally, the applicant has issue with the neighbor's past parking of a "semi -rig" potentially damaging the paving of the driveway. The neighbor refuses to sign any kind of agreement and therefore the condition can not be met. Planning, Building and Community Response to Argument 3.A.: Most of the information contained within this argument is not contained in the Examiner's record and is new information subsequent to the hearing and Examiner's decision. Typically, new information is not allowed to be considered on appeal. Only the information on to the neighbor's previous parking of a "semi -rig" on the adjoining property was part of the record of the hearing. The presenting of the agreement to the neighbor and the neighbor's response were not available at the time of the Hearing Examiner's decision. It is noted that ACC18.66.160 Appeal of final decisions, in part allows that: "At the closed record hearing no or limited new evidence or information is allowed to be submitted and only appeal argument is allowed." Should the City Council choose to allow this information regarding the neighbor's response, into the record, staff would also then offer for consideration the applicant's proposed draft letter that was sent to staff for review. This letter was to be presented to the neighbor to establish whether the neighbor is interested in pursuing a reciprocal access agreement in order to satisfy the stated condition. The draft letter was far less than a "good faith" effort and was not a "reasonable". The draft letter presented to Planning, Building and Community staff was misleading and presented options to the neighbor in such a way as to evoke a negative response, discouraging the neighbor from agreeing to a reciprocal access and maintenance agreement. The draft agreement communicates that whatever negligent or destructive use the applicant may make of his driveway, the neighbor would be financially responsible for half the costs. It is staff's opinion that the tone of the draft letter could be intimidating. Included in the draft letter was also reference to a second proposed "border agreement" which is superfluous and not consistent with the Hearing Examiner's condition and confuses the purpose of the letter addressing the Examiner's condition. The written option the neighbor is asked to make in the letter is also confusing and is not clear. The letter says: "Please let us know that proposal you do not wish to partake in below." (i.e. it sounds like the neighbor is asked to check which box they don't want to do). With these edits and other corrections outlined to the applicant, City staff would approve the wording of the draft letter for presentation to the neighbor. City staff contends that a letter could initially establish Page 6 of 8 Agenda Subject: Closed Appeal Hearing APL08-0001 Date: July 15, 2008 whether or not the neighbor is even interested in pursuing the agreement. If the neighbor is not, then the applicant would be permitted to pursue the second, condition, allowing the applicant to widen the driveway to 11 feet from the existing 10 feet. 3.B Harm to Applicant (and her husband Applicant's Augment 3.6. Summarized: Drafting and implementing an agreement, if agreed to by the neighbor and approved by lenders would add thousands of dollars to the applicant's expenses. Planning Building and Community Response to Argument 3.B.: The applicant was aware that Planning, Building and Community recommended condition for a reciprocal access agreement prior to the hearing and could have chose to document that costs would be in the thousands. This information is new information which was not documented before or at the time of the hearing. If this information is included in the record, staff would offer the following response. Should the neighbor choose not to enter into an agreement, the applicant's costs would be limited to the preparation of a letter to the neighbor and cost of widening his driveway. There would be no costs for recording documentation. 3.0 Harm to Applicant (and her husband.) Applicant's Augment 3.C. Summarized: The reciprocal joint use agreement would encumber the property and affect the value and sale. Applicant would not have purchased the property if there was already such an agreement on the property at the time of purchase. Plannin-g, Building and Community Response to Argument 3.C.: The condition requiring the access agreement is only needed if the applicant chooses to operate the business requiring a Special Home Occupation Permit and the neighbor agrees to sign it. No access agreement is required for the property to continue in use as a single family residence. Also, the applicant has not substantiated that the existence of the easement agreement would adversely affect property value. 4.A. Appellant's Desired Outcome of This Appeal. Applicant's Request 4.A. Summarized: The applicant requests the Council delete the Examiner's requirement for the reciprocal joint use easement and maintenance agreement. Planning Building and Community Response to Argument 4.A: The Examiner stated at the close of the hearing that he would further consider the need for the agreement prior to issuing a decision on this matter. In issuing his decision the Examiner cited the basis for imposing this condition to require a reciprocal ingress and egress access agreement for the improved 20 -foot wide driveway. 4B. Appellant's Desired Outcome of This Appeal. Applicant's Request 4.6. Summarized: If the council chooses not to eliminate the condition, the applicant requests that the Council remand the case to the Examiner. The applicant contends that Planning, Building and Community staff is unwilling to accept the neighbor's verbal refusal as meeting the requirement for written response to of a reciprocal access agreement. Planning Building and Community Response to Argument 4.13: Information in the applicant's argument is new information. The record of the Examiner does not contain testimony or document that the neighbor will not accept a joint use agreement. The record of the Examiner also does not include that there has been subsequent discussions of the applicant with staff regarding the documentation needed to verify that the neighbor will not agree to the reciprocal access agreement. Page 7 of 8 Agenda Subject: Closed Appeal Hearing APL08-0001 Date: July 15, 2008 If the Council wishes to consider this additional information, staff would request consideration that staff provided a number of edits to assist the applicant's preparation of a letter to be presented to the neighbor. This letter would be used to document the neighbor's desire for establishing a reciprocal access agreement. STAFF RECOMMENDATION Uphold the Examiner's decision and deny the appeal. The Applicant has suggested an alternative to remand the decision back to the Hearing Examiner; however, Planning, Building and Community staff recommends the Examiner's condition be upheld and that the applicant work with staff to satisfy the conditions of approval. Agenda Bill with attachments mailed to the following Parties of Record: Cindy Baker, Director, PB&C Jeff Dixon, Principal Planner, PC&B Karen Scharer, Senior Planner, PC&B Nataliya & Robert Worthington, NW Landscape by Design, LLC 809 23rd St. SE, Auburn, WA 98002 Edward L. Mueller, Attorney, 2030 112t" Ave. NE # 110, Bellevue, WA 98004 Agenda Bill without attachments mailed to the following Parties of Record: Joe Welsh, Transportation Planner, Public Works Dennis & Teresa Millard, 801 23rd Street SE, Auburn, WA 98032 Jack and Gwen Coen, 2300 H Street SE, Auburn WA 98032 Page 8 of 8 WASHINGTON (10 �MCA/POAPPEAL OF ,Cf HEARING EXAMINER'S DECISION Appeal is filed with the City Clerk Or Deputy City Clerk THE FOLLOWING TO BE COMPLTED BY CITY OF AUBURN Application No.: Date Filed: Date of City Council Hearing: Deadline For Filing Appeal: THE FOLLOWING TO BE COMPLETED BY APPELLANT Name of Appellant(s): N6-rA L I le,4 VV &PTRtNG lonlgo (;n ) A/? 3,0/5- Phone: 0lS'Phone: 6z453 217 �27u Agent: nt: YYtG� 55OG _Lc- PS. Phone: Appellant Address: E-mail: Agent Address: 206 11A7*AW- %%i. -4 at) 12'6446V101 td4 V—'9e: ' E-mail: ��.W1(9?W1ueLl►r�i�n,. Page 1 of 3 EXHIBIT STATEMENT OF APPEAL The Appellant must identify clearly and specifically the following: 1. The errors which the Appellant believes were made in the action or decision which is being appealed, or the procedural irregularities associated with that action or decision. 2. Specific reasons why the City's action or decision should be reversed or modified. 3. The harm which is expected to be suffered by the Appellant as a result of the action or decision being appealed. If the Appellant is a group or organization, the harm to any one or more members or the group or organization must be stated. 4. The desired outcome of the appeal. You may provide your responses here, or preferably, attach a separate typed response to each of the above. Page 2 of 3 Signature of Appellant(s): Dated: - jkM Z -e, Zzc�', Y, State of �Kj .k ) )ss County ofG ) On this day personally appeared before me -(---c w,—m,A L M{,r ,��tey- to me known to be the individual(s) described in ad who executed the within and foregoing instrument, and acknowledged that T- — signed the same as - Afree and voluntary act and deed for the uses and purposes therein mentioned. Given under my hand and official seal this -2-YY--day of G �- 2 U` t� U j o '�,L -10 Notary Public nd f r the State of � ✓ Residing in u, % ° s ,,sty Do Not Mark Below This Line Appeal File Number Assigned by the City: Date Scheduled for Hearing: Page 3 of 3 ATTACHMENT TO STATEMENT OF APPEAL APPEAL OF HEARING EXAMINER'S DECISION Application No. MIS 08-0010 1. Errors Appellant believes were made in the action and decision of the hearing examiner that are being appealed. A. The Hearing Examiner ignored the undisputed evidence before him that the driveways of the applicant and the next door neighbor were separate driveways, even though the driveways were immediately adjacent to each other. He further ignored the evidence that had the two driveways had always been used as separate driveways, and that any requirement of a "new reciprocal ingress and egress access agreement for the improved 20 -ft wide driveway"4 with maintenance and liability provisions with the next door neighbor is an unreasonable requirement when the panhandle access to applicant's own lot is 20 feet wide, and any reasonable requirement regarding improvement, if any is needed to be made to such access, can be accommodated entirely within applicant's own property parcel. B. The Hearing Examiner ignored the undisputed evidence that the use proposed by applicant of the access to applicant property will not result in an increase in traffic on that access except for one truck and one trailer, both of which the Hearing Examiner found to be within acceptable limits for issuance of the permit in his findings of fact and conclusions of law. Furthermore there is no evidence in the record to show that there ever has been any confusion by persons using the driveways to each property regarding the fact that there are two driveways, — not one joint driveway. Any argument by the City Planning Department to the contrary is without any evidentiary foundation. C. Nevertheless, the Hearing examiner required, at the request of the City Planning Department, as an unreasonable condition, as an unreasonable condition, unsupported by any finding of fact or conclusion of law, that as a primary condition to Applicant obtaining the home business license, the Applicant must first try to obtain a reciprocal joint -use easement by which applicant could use the neighbor's driveway and the neighbor could use applicant's driveway, as a condition, the details of which reciprocal joint use easement agreement must be approved by or acceptable to the Auburn Planning Department. Only if the Neighbor refuses to make such an agreement is Applicant permitted to use and rely on Applicant's own access on its own panhandle as the fulfillment of the condition for obtaining the home business license. All Applicant is asking is that the same access that has been used without objection for many years (ever since the house was built) without objection by anyone, be considered adequate, with whatever improvements, if any, may be required to comply with Auburn City Code requirements regarding such access. 2. Specific Reasons why the City's action or decision (Hearing Examiner's Decision) should be reversed or modified. This is Condition No. 1, paragraph one, in the Hearing Examiner's Decision. The required agreement is hereinafter referred to as the "reciprocal joint use easement and maintenance and liability agreement." Addendum to Statement of Appeal - 1 - A. First, such a condition is unreasonable, and, under legal reasoning is considered "arbitrary" because it is not based on evidence or a reasonable need for the condition, considering the business license applied for by and granted to Applicant. B. Second, any such reciprocal joint use easement and maintenance and liability agreement would encumber the title to both properties (probably in such a manner as to be "permanent" unless and until released by another agreement. It would require approval of the lenders (mortgage holders) of both properties' and cause unnecessary legal expense to the neighbor as well as the Applicant. This home office license is very limited in its effect on the residence, as is clear from the Hearing Examiner's Findings of Fact, and Conclusions of Law in his Decision Document. Such Home business license will be personal to this business owner and her husband (the husband is included because this is a community property state, and thus he also co-owns the business. He also works in it as the landscape designer.) and such license does not "run with the land." 3. Harm to Applicant (and her husband.) A. First, this requirement for a reciprocal joint use easement and maintenance and liability agreement is causing friction between the Applicant and her husband on one side and their neighbors in the other side. The neighbors and the Applicant and her husband do speak to each other, but there has been prior friction because the neighbor husband, who is a long-haul truck driver, previously parked his "semi -rig" at their home until the Applicant and her husband objected that such parking was a violation of the Auburn City Code. The neighbor husband stopped the practice of parking his rig at the neighbor's home, but the neighbors currently refuse to make any kind of agreement with Applicant and her husband concerning joint use of the neighbor's driveway area. Thus, the condition simply cannot be met. The condition is unreasonable anyway. It puts in the hands of the neighbor the ability to deprive the applicant of her right to a Home business license by refusing to make a reciprocal joint use easement and maintenance 2 If the agreement were made without such approval, the reciprocal easements would be an "impairment of title that could trigger a claim of default by the lender of either property, and perhaps both properties. Any lender asked to approve such a document would refer it to their "legal department" and require the requestor to pay its Iegal fees for the review. It is reasonable to expect that the Applicant would be asked by the neighbor to pick up the neighbor's legal expense as well as Applicant' s on legal expense on such submittal. Such an expense is totally unnecessary when the Applicant's access either is or can be made. totally compliant with Auburn City Code. The point may be moot in any event because the neighbor refuses to consider a reciprocal joint use easement and maintenance and liability agreement. Addendum to Statement of Appeal - 2 - and liability agreement, when in fact Applicant can meet all Auburn City Code requirements for access by using solely her own property. B. The expense of having a proper reciprocal joint use easement with maintenance and repair agreement drafted, by Applicant's own attorney, and then reviewed by the neighbor's attorney, assuming the neighbors were even willing to consider such an agreement, (which they are not,) would add thousand's of dollars to Applicant's expense. In addition there would be the expense of obtaining the approval of the lenders of the parties to such an agreement. See Comment 42, B, above, and footnote # 1. C. The encumbrance of a reciprocal joint use easement agreement would encumber the residential real property of Applicant and her husband, thereby adversely affecting its probable value and salability. Applicant and her husband would never have purchased this property if there had been such an agreement encumbering its title at the time they purchased it. 4. Desired Outcome of This Appeal. A. Applicant asks the City Council to delete from the Hearing Examiner's Decision any requirement as a condition that Applicant make with the next door neighbor a reciprocal joint use easement and maintenance and liability agreement. B. If the City Council is unwilling to do that, then Applicant asks the City Council to remand this matter to the Hearing Examiner for consideration of any evidence that Applicant or the City Planning Department has as the neighbor's willingness to enter into any reciprocal joint use easement and maintenance and liability agreement for the two driveways that serve the Applicant's property and the next door neighbors' property. The City Planning Department has already demonstrated an unwillingness to accept the neighbor's tacit oral refusal to accept the idea that such an agreement is not acceptable to the neighbor as well as the applicant. Dated: June 20, 2008. For Applicant/Appellant Nataliya Worthington By: Mueller & Associates Inc. P.S., By: Edward L. Mueller, WSBA # 264 Addendum to Statement of Appeal -3 - 2 3 4 5 6 7 8 9 10 11 12 1.3 14 15 16 BEFORE THE HEARING EXAMINER FOR THE CITY Oh' AUBURN Phil Olbrechts, Hearing Examiner RE: Nataliya Worthington FINDINGS OF FACT, CONCLUSIONS Special Home Occupation OF LAW AND FINAL DECISION. Permit - MISOS-0010 INTRODUCTION The applicant requests a Special Home Occupation Permit to serve as a home base for a landscaping business. The Examiner approves the permit with conditions. ORAL TESTIMONY Karen Scharer, staff, emphasized that no employees of the proposed business would be meeting at the home site. She noted that due to confusion that may arise over who has access to the joint driveway that serves the property, staff is recommending an access agreement as a condition of approval that addresses access, maintenance, and liability. In the alternative the applicant would have to add a foot to the paved driveway width. Ms. Scharer explained that minimum width for individual panhandle access is eleven feet, but for joint access, it is twenty feet. She also noted that the individual access for the applicant at this time is ten feet. 17 Robert Worthington, applicant, testified about his credentials as a landscaper. Mr. Worthington pointed out problems with the reciprocal driveway agreement (Exhibit is 17) given to him by staff. Staff clarified that the agreement was just an example provided to Mr. Worthington to serve as a template that would need to be modified by 19 the applicant. Mr. Worthington stated that a shared -access agreement would create a lot of additional legal forms and would have implications with the mortgage 20 company. 21 22 23 24 25 Nataliya Worthington testified that her panhandle driveway is owned separately from the adjoining panhandle driveway. She stated she has no problem providing the additional foot of paved surface as recommended by staff. She noted that no landscape debris or materials would be. stored on her property. All materials and debris would be stored on-site of landscaping projects and debris then discarded at the dump. The Worthingtons clarified that no maintenance of vehicles would be done at their home. Equipment was limited to a couple shovels and rakes, a lawnmower and a truck and utility trailer. Customers will not go to the home; the Worthingtons always go to their customer's site. Employees have been advised that if they visit the { BFP697583.DOC;1/00083.900000/ 1 EXHIBIT Worthington - SHOP P. 1 Findings, Conclusions and Decision rc��idencc. that %g ill be «rounds for discipline or termination.No additional trips yill 1 be generated by the bi-SlneSs. No extra noise or light will be created by the horne 2 business. Landscape design at the home will all be indoors. 3 In rebuttal Ms. Scharer stated that the Boundary Agreement (Exhibit 23) supplied by the applicant was not necessary and that the revised condition concerning driveway 4 access (Exhibit 14) was the best solution to the driveway access issue. In response to questions from the Examiner, Ms. Scharer stated that the proposal triggered access 5 concerns because the landscape business would generate more access use via the 6 landscape truck and utility trailer and potentially other traffic. She noted that there is no indication on the property that the adjoining panhandle driveways are separate and 7 that the project, by generating additional traffic, would exacerbate this confusion. 8 Mrs. Worthington noted that the driveway owners keep to their side when using the 9 panhandle. As for maintenance, each owner takes care of their own side. 10 EXHIBITS 11 (See the Exhibit list on page two of the May 9, 2008 Staff Report for the application. Exhibit No. 9 of that list is replaced with "letter from Jack and Gwen Coen, dated 12 April 26, 2008." The following exhibits were added at the hearing: 13 Exhibit 13 April 26, 2008 letter from Dennis and Teresa Millard. 14 Exhibit 14 Revised staff recommendation on conditions, dated May 21, 2008. Exhibit 15 "Robert's Hearing Statement." 15 Exhibit 16 "Current City Concerns and Recommendations." Exhibit 17 Reciprocal Access and Stormwater Easement and Maintenance 16 Agreement. Exhibit 18 "Community concerns already presented" from applicant. 17 Exhibit 19 Reserved. 18 Exhibit 20 11 color photographs subnutted by applicant. Exhibit 21 Letter of recommendation from Dan Roberts. 19 Exhibit 22 3 color photographs submitted by applicant. Exhibit 23 Boundary Agreement. 20 21 FINDINGS OF FACT Procedural: 22 1. Applicant. The applicant is Nataliya Worthington. 23 2. Hearing. The Hearing Examiner conducted a hearing on the application at 24 5:30 p.m. at Auburn City Hall in the Council Chambers on May 21, 2008. 25 I Substantive: ( BFP697583.DOC;1/00083.900000/1 Worthington - SHOP p. 2 Findings, Conclusions and Decision 3. Site/Proposal Descri�;ti(,n. The applicant seeks a Special llilmc 1 Occupation Permit to operate a landscape business from her home located at 809 23"' 2 St. S.E. Areas within the home will be used as an office, where the applicant and two other family members will handle the administrative functions of the business and 3 design landscape projects. The total area devoted to business use will be 370 square feet composed of 120 square feet of office space and 250 square feet of 4 garage/storage area. The 370 square feet is less than a fourth of the size of the applicant's home. The garage space will be used to store a utility trailer and garden 5 tools. The tools will be transported to project sites by the applicant's personal truck 6 and utility trailer. No employees of the business, other than family members residing in the home, will visit the home; all employees not residing in the home will meet off - 7 site for landscaping projects. No business patrons will visit the site. No part of the landscape business will be visible from the home except for the truck and utility 8 trailer and some gardening tools. The utility trailer and gardening tools will be stored in the garage. The gardening tools will be limited to hand tools, a wheel barrow, a lawn mower, and other gardening tools common to a residence. There will be no 10 growing of plants on-site to be transported off-site to landscaping projects. The truck and utility van will be maintenance off-site. 11 The home is accessed by a panhandle that is shared by an adjoining property. The 12 panhandle driveway is twenty feet wide. The panhandle is not jointly owned. Each of the two adjoining property owners who use the panhandle own one half (ten feet 13 wide) of the panhandle driveway, but there is nothing that separates the two halves of 14 the twenty -foot -wide driveway. 15 4. Characteristics of the Area. The home is surrounded by single-family homes. 16 5. Adverse Impacts. As proposed and conditioned, the existence of the 17 landscape business on-site will not be noticeable to surrounding properties. The only 18 exterior manifestation of the business will be the landscape truck and utility trailer. These vehicles are not overtly commercial in appearance and are consistent with the 19 type of vehicles found in single-family neighborhoods. Staff have expressed concern that the business, in generating some additional traffic, will create confusion over the 20 use of the panhandle driveway. The conditions recommended by staff should address 21 this problem by either allowing full use of the panhandle driveway or expanding the width of the applicant's portion of the driveway to ensure adequate width (as 22 specified by the Auburn City Code) for individual access. 23 Concerns raised by neighbors primarily dealt with uncertainty about the scope of the landscaping business. Given that the business is proposed and conditioned to have 24 virtually no exterior impacts, it appears that the concerns of the neighbors are fully 25 11 addressed. I BFP697583.DOC;1/00083.900000/+ Worthington - SHOP p. 3 Findings, Conclusions and Decision 211 Procedural: 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 I 20 21 22 23 24 25 CONCLUSIONS Oh' LA«' 1. Authority of Hearing Examiner. Chapter 18.66 ACC and ACC 18.60.040 provide the Hearing Examiner with the authority to conduct a hearing and issue a final decision on Special Home Occupation permit applications. Substantive: 2. Zonina, Designation. The zoning designation is R-2, Two -Family Residential. 3. Review Criteria and Application. The applicant needs a Special Home Occupation Permit pursuant to ACC 18.60.040, which provides the criteria for the permit, because the nature of the home occupation is landscaping services not limited merely to office use. To obtain a Special Home Occupation Permit, the application must meet 11 of the 13 criteria in ACC 18.60.020 in addition to those in ACC 18.60.040. Applicable criteria are quoted below with applicable Conclusions of Law for the subject application. ACC 18.60.040(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: 1. Building and construction contractor services, to include landscaping services (unless the home occupation is solely used for office purposes),- 2. urposes);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). 4. As noted in ACC 18.60.040(A)(1), a Special Home Occupation Permit is required because it is a landscaping service. It is construed as not solely used for office purposes because the truck, utility trailer, and some landscaping equipment will be stored at the home. As noted below, the application meets 11 of the 13 criteria (ACC 18.60.020(A) and (L) are not met). ACC 18.60.020(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 FP697583. DOC; 1/00083.900000/1 Worthington - SHOP p. 4 Findings, Conclusions and Decision �. This Criterion is not met. The applicant proposes to uso; four en�ploy.:es 1 but none y�22111 ever visit the home. So long as no employees visit the home, this 2 decision shall not be construed as limiting the number of employees working for the landscaping business. The applicant is free to increase the number of employees to 3 any number desired without amendment of the Special Home Occupation Permit approved by this decision. 4 ACC 18.60.020(B): No mechanical equipment is used except such as is commonly or 5 customarily used .for domestic, household or personal purposes for a dwelling unit 6 (or as deemed similar in terms of power, quantity, noise, emissions and Ape); 7 11 6. This criterion is met. As discussed in the Findings of Fact, equipment will be limited to residential gardening tools and a truck and trailer, all of which are 8 consistent with residential use. . 9 11 ACC 18.60.020(C): Not more than one fourth of the floor area of any building is 10 devoted to such occupation, except for bed and breakfasts; 11 7. The criterion is met. As noted in the Findings of Fact, the business will take up less than a fourth of the single-family residence. 12 ACC 18.60.020(D): That such occupation shall not require internal or external 13 alteration or involve construction features not customarily found in a dwelling; 14 8. The criterion is met. The proposal will not involve any interior or exterior 15 modifications to the single-family home, except for a possible widening of the driveway as directed in the conditions of approval. The widening of the driveway 16 will simply bring the driveway into compliance with current Auburn City Code requirements for single-family residences and is fully compatible with features 17 customarily associated with dwellings. 18 ACC 18.60.020(E): The home occupation shall not involve the use of personal 19 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 20 apply toward this limitation provided such pickup or delivery does not exceed twice 21 per day; 22 9. The criterion is met. As noted in the staff report, the applicant's truck and utility trailer do not meet the ACC 18.04.245 definition of a commercial vehicle. 23 ACC 18.60.020(F): The conduct of any home occupation, including but not limited 24 to the storage of goods and equipment, shall not reduce or render unusable areas 25 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; ( BFP697583.DOC;1/00083.900000/ ) Worthington - SHOP p. 5 Findings, Conclusions and Decision 10. The criterion is met. ACC 18.52.020(A)(1) requires two parking stalls for 2 single-family dwellings that have more than two bedrooms. The applicant's home has four bedrooms. The home has a three car garage and additional parking is 3 available on the driveway. Even if both the truck and trailer are each considered to eliminate an available parking stall, the site still contains at least two additional 4 11 parking stalls that comply with ACC 18.52.020(A)(1) 5 11 ACC 18.60.020(G): Only one sign is permitted, not to exceed 18 inches by 24 inches 6 in area, nonilluminated, and attached to a building, except that home occupations irz commercial or industrial zones may have signs consistent with the applicable zoning 7 district; 8 11 11. The criterion is met. No signs are requested or present at the subject location. 9 10 ACC 18.60.020(H): No display pertaining to the occupation, other than the one permitted sign, is visible from the street or adjacent residences; 11 12. The criterion is met. No display pertaining to the business, including a 12 sign, is visible from the street or adjacent residences. 13 11 ACC 18.60.020(I): No more animals are maintained on the premises than what may 14 otherwise be permitted in the zone; 15 11 13. The criterion is met. No animals are associated with the proposal. 16 ACC 18.60.020(J): Except for bed and breakfasts, employee and customer visits shall be limited to the following hours of operation: 17 1. Employees from 8:00 a.ni. to 6:00 p.m. Monday through Friday and from 9:00 am. 18 to 6:00 p.m. on Saturdays; 2. Customers from 9:00 a.m. to 6:00 p.m. Monday through Saturday; 19 3. No employee or customer visits shall be permitted on Sundays or federal holidays; 20 14. Staff have applied the criterion above to the activities of the applicant and 21 the other residents of the home. This interpretation could only be reached if staff construed "employee" in the above criterion as applying to the residents of the home. 22 This is inconsistent with use of the term "visit" in the criterion. People do not 66visit" their own home. Taken to the extreme, the staff interpretation would prohibit the 23 applicant from returning from Office Depot at 7:00 pm with some office stationery. The criterion above was intended to apply to employees who do not live at the home. 24 The noise impacts of business trips created by home occupants should be addressed in 25 ACC 18.60.020(M). (BFP697583. DOC; 1/00083.900000/) Worthington - SHOP p. 6 Findings, Conclusions and Decision SCC 18.60.020(K): Tratlic gPncrated hsl thc° home occupation shall br hin ted to (( 1 nia-rimurn of eight (tivo-wa-v) client/deliver-related trips per dati Jor those home 2 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 3 trips per day; 4 15. As conditioned, the criterion is met. As noted in the Findings of Fact, no outside employees will visit the home for business purposes. All deliveries of 5 landscape materials and rental equipment will be brought to the job sites and not the 6 residence. Office supplies and the like may be delivered to the home, and those deliveries will be conditioned to comply with ACC 18.60.020(K). 7 ACC 18.60.020(L): Outdoor storage of materials, goods, products or equipment is 8 not allowed; 9 16. The criterion is not met because the truck and sometimes the trailer will be 10 parked outside the garage. The applicant will should make an effort to store the trailer in the garage as often as possible. 11 ACC 18.60.020(M): The home occupation is to be conducted in such a manner that 12 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 13 or odors or result in traffic impacts inconsistent with the character of the area in 14 which the home occupation is located. 15 17. The daily transport to and from the property and loading and unloading of garden tools can be inconsistent with residential character due to noise and light 16 impacts. Limiting the hours of operation for these activities is a reasonable means of achieving compatibility. The hours recommended by staff are more onerous than 17 necessary to protect adjoining properties. Limiting loading and unloading to the 18 hours of 8:00 am to 8:00 pm, seven days a week, is a reasonable limitation. The applicant may operate outside of these hours if consent is acquired from the 19 occupants of the properties adjoining both sides of the applicant's property. 20 ACC 18.60.040(B): In considering applications for special home occupation 21 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 22 the hearing examiner unless the hearing examiner finds that: I. The authorizing of such special home occupation permit will not be materially 23 detrimental to the public welfare or injurious to the property in the zone or vicinity in which the property is located; 24 2. The authorization of such special home occupation permit will be consistent with 25 the spirit and purpose of this tide. (BFP597583.DOC;1/00083.900000/ ) Worthington - SHOP p. 7 Findings, Conclusions and Decision 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 l8. As proposed and conditiont:d and as previously discussed. the lcome business should not be noticeable to other properties in the vicinity. Given the very minor impacts of the proposal, the project is not materially detrimental to the public welfare or injurious to properties in the vicinity or zoning district. The project will be fully compatible with the uses allowed in the R-2 district and, consequently, is consistent with the spirit and purpose of Title 18 ACC. . ACC 18.60.040(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 vicinit}, and the public interest. 19. The conditions imposed in other parts of this decision fully mitigate all material impacts. ACC 18.60.040(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. 20. As noted above, a public hearing on the application was conducted at 5:30 p.m. at Auburn City Hall in the Council Chambers on May 21, 2008. Notice of the public hearing was properly issued. DECISION Based upon the application and Findings of Fact and Conclusions of Law, the Hearing Examiner approves the Special Home Occupational Permit as set forth and recommended in the staff report for MIS08-0010 under the following conditions: 1. The applicant must obtain approval of the neighboring property owner for a reciprocal ingress and egress access agreement for the improved 20 -foot -wide driveway. The agreement must address driveway maintenance (10 feet improved on each property) and liability. The agreement shall be reviewed by the Planning, Building and Community Development Department and be in a form found acceptable to the City. This approved agreement shall be recorded. Alternatively, should the applicant demonstrate to the City that a good faith effort was made to secure the easement and maintenance agreement, and further that the neighbor is unwilling to come to a reasonable agreement, then the applicant shall have the ability.to upgrade the 10 -foot -wide improved driveway to a minimum of 11 feet. 1 BFP697583.DOC;1/00083.900000/ 1 Worthington - SHOP p. 8 Findings, Conclusions and Decision 2. The applicant must obtain a business license specilic to the condt_rct >>f Eb I landscape maintenance and installation business as required by the City. Issuance 2 of a license is dependent upon compliance with Condition 1. 3 3. The applicant shall operate the Special Home Occupation Permit as detailed in the staff report and this Decision, in particular the operating parameters outlined in 4 Finding of Fact No. 3. The parameters outlined in this decision shall Supersede 5 any conflicting parameters identified in the staff report. 6 4. Carden tools may only be loaded/unloaded or transported to/from the home between the hours of 8:00 am to 8:00 pm, seven days a week. The applicant may 7 conduct these activities outside of these hours if consent is acquired from the occupants of the properties adjoining either side of the home. 8 5. Building expansion or a new storage shed is not allowed under this approval. 9 10 6. The applicant must satisfy Conditions 1 and 2 above within two years from the date of approval of this special home occupancy permit. If conditions are not I I satisfied within this time frame, this special home occupation shall be deemed null and void. The existing "office only" business may continue as a permitted 12 use, provided the "office only" business remains licensed. 13 7. No deliveries of landscaping materials or debris are allowed to the home. Office 14 supplies and equipment may be delivered provided that deliveries shall be limited to five two-way delivery trips per day as required by ACC 18.60.020(K). 15 Dated this 6th day of June 2008. 16 17 18 19 20 21 22 23 24 25 Phil Olbrechts City of Auburn Hearing Examiner t BFP697583.DOC,1/00083.900000/ t Worthington - SHOP P. 9 Findings, Conclusions and Decision Findings and Decision Application No. MIS08-0010 DECLARATION OF MAILING CITY OF AUBURN COUNTY OF KING On the 101h day of June 2008, 1 deposited into the United States of America mail, postage prepaid, copies of the foregoing addressed to the applicant and parties of record. I declare under penalty of perjury of the laws of the State of Washington that the foregoing is true and correct. Signed at Auburn this 10th day of June 2008. Renee S. Tobias Department of Planning, Building & Community Page 4 AUBURN WASHINGTON Agenda Subject: Report to the Hearing Examiner Date: 5/9/2008 Public Hearing on Variance Request Application No. MIS08-0010 Department: Planning, Building, Attachments: Budget Impact: N/A and Community Please refer to Exhibit List, below Administrative/Staff Recommendation: Hearing Examiner to approve the Special Home Occupation Permit subject to conditions based upon the Findings of Fact, Conclusions and Recommendation outlined below. Background Summary: APPLICANT/OWNER: Nataliya I. Worthington, NW Landscape by Design, LLC 809 23rd St. SE, Auburn, WA 98002 REQUEST: A request for a Special home occupation that includes: landscape design, installation, and maintenance. Area within the home will be used as an office for the business records and design and storage of garden tools (typical to a residence) will be in the garage. Transport of these garden tools to job sites will be by the owner's personal truck and utility trailer (also used as part of the business). Up to four non-resident employees will drive directly to job sites or other meeting location. The applicant agrees that these employees will not meet at the home, or park vehicles at or near the home on public streets. LOCATION: The property is located on the north side of 23rd St. SE at 80923 rd St. SE. The site is within the NE quarter of Section 19, Township 21 North, Range 5 East, W.M. Assessors Parcel Number: 1388600070. EXISTING ZONING: R-2, Single Family Residential District COMPREHENSIVE PLAN DESIGNATION: Single -Family Residential SEPA STATUS: Exempt Reviewed by Council 8 Committees: Reviewed by Departments & Divisions: ❑ Arts Commission COUNCIL COMMITTEES: M Building ❑ M&O ❑ Airport ❑ Finance ❑ Cemetery ❑ Mayor ❑ Hearing Examiner ❑ Municipal Serv. ❑ Finance ❑ Parks ❑ Human Services ❑ Planning & CD ® Fire ® Planning ❑ Park Board F-1PublicWorks ❑ Legal ❑ Police ❑ Planning Comm. ❑ Other ® Public Works ❑ Human Resources i Action: Committee Approval: []Yes [-]No Council Approval: ❑Yes ❑No Call for Public Hearing —I—I— Referred to Until Tabled Until Councilmember: Staff: Karen Scharer, Senior Planner 253-804-3111 or kscharer@auburnwa.gov Meeting Date: May 21, 2008 Item Number: Coonc i I EXHIBIT ® ]Number Of PW AUBURN mORE THAN YOU IMAGINED Agenda Subject: Public Hearing MIS08-0010 Date: May 9, 2008 The Comprehensive Plan designation, zoning designation and land use of the site and surrounding properties are: EXHIBIT LIST Exhibit 1 Staff Report dated 4/10/2008 w/Attachments: a. Site Plan, rec'd 3/18/2008 b. City of Auburn GIS 2007 Aerial photo of Site, Exhibit 2 Master Land Use Application (2 pages), received 03/18/2008 Exhibit 3 Notice of Application & Public Hearing and Vicinity Map, mailed 4/23/2008 Exhibit 4 Affidavit of Mailing on 04/23/08 Exhibit 5 Affidavit of Posting, rec'd 4/30/2008 & site posted on 4/23/2008 Exhibit 6 E-mail Confirmation on 4/16/2008 of future Publication of Legal Notice in the Seattle Times with Affidavit of Auburn request for publication on 4/16/2008 (3 pages) Exhibit 7 E-mail Fm. Robert Worthington 4/1/2008 to J Dixon (2 pages), clarifying the proposed business Exhibit 8 E-mail Fm. Robert Worthington 4/1/2008 to K Scharer (2 pages), clarifying the proposed business Exhibit 9 E-mail Fm. Dennis and Teresa Millard recd 4/26/2008, neighbor w/concerns Exhibit 10 E-mail Fm. Robert Worthington rec'd 4/27/2008, addressing neighbors concerns Exhibit 11 Vicinity Map (portion of Assessor Map) downloaded from the King County Web Site Latest update 12/15/2007 Exhibit 12 Photos of property and neighboring properties, 4 pages, taken by PB&C staff on 5/2/2008 FINDINGS OF FACT: Request by Applicant: The request by Nataliya I. Worthington and husband Robert Worthington is for a Special home occupation to conduct a landscape design, installation, and maintenance business within a single-family residence. Proposed is storage and transport of home/personal garden tools to be used at job sites. The owner's truck and utility trailer will be used for transporting tools and deliveries to job sites. Landscape materials will not be delivered to the home, and debris will not be brought back to the home on the truck or trailer. Up to four non-resident employees will drive directly to job sites or other meeting location. The applicant states in their application that these employees will not meet at the home, or park vehicles at or near the home on public streets. Page 2 of 12 Comprehensive Zoning Existing Plan Land Us Site Single Family Residential R-2, Two -Family Residential Single Family Residential North Single Family Residential R-2, Two -Family Residential Single Family Residential South Single Family Residential R-2, Two -Family Residential Single Family Residential East Single Family Residential R-2, Two -Family Residential Single Family Residential West Single Family Residential R-2, Two -Family Residential Single Family Residential EXHIBIT LIST Exhibit 1 Staff Report dated 4/10/2008 w/Attachments: a. Site Plan, rec'd 3/18/2008 b. City of Auburn GIS 2007 Aerial photo of Site, Exhibit 2 Master Land Use Application (2 pages), received 03/18/2008 Exhibit 3 Notice of Application & Public Hearing and Vicinity Map, mailed 4/23/2008 Exhibit 4 Affidavit of Mailing on 04/23/08 Exhibit 5 Affidavit of Posting, rec'd 4/30/2008 & site posted on 4/23/2008 Exhibit 6 E-mail Confirmation on 4/16/2008 of future Publication of Legal Notice in the Seattle Times with Affidavit of Auburn request for publication on 4/16/2008 (3 pages) Exhibit 7 E-mail Fm. Robert Worthington 4/1/2008 to J Dixon (2 pages), clarifying the proposed business Exhibit 8 E-mail Fm. Robert Worthington 4/1/2008 to K Scharer (2 pages), clarifying the proposed business Exhibit 9 E-mail Fm. Dennis and Teresa Millard recd 4/26/2008, neighbor w/concerns Exhibit 10 E-mail Fm. Robert Worthington rec'd 4/27/2008, addressing neighbors concerns Exhibit 11 Vicinity Map (portion of Assessor Map) downloaded from the King County Web Site Latest update 12/15/2007 Exhibit 12 Photos of property and neighboring properties, 4 pages, taken by PB&C staff on 5/2/2008 FINDINGS OF FACT: Request by Applicant: The request by Nataliya I. Worthington and husband Robert Worthington is for a Special home occupation to conduct a landscape design, installation, and maintenance business within a single-family residence. Proposed is storage and transport of home/personal garden tools to be used at job sites. The owner's truck and utility trailer will be used for transporting tools and deliveries to job sites. Landscape materials will not be delivered to the home, and debris will not be brought back to the home on the truck or trailer. Up to four non-resident employees will drive directly to job sites or other meeting location. The applicant states in their application that these employees will not meet at the home, or park vehicles at or near the home on public streets. Page 2 of 12 Agenda Subject: Public Hearing MIS08-0010 Date: May 9, 2008 2. Existing Site Conditions: The site is rectangular shape; 70' by 114' (7,980 s.f.) with a panhandle access 20' by 110' in length. The site is basically flat in topography with only a slight slope south. The single-family home built in 1989 (Permit No. BLD89-0593) is listed by King County records as having 1,788 s.f. of living space and a three car garage 750 s.f. in area. The two-story home is setback from the panhandle access approximately 30 feet. In front of the garage approximately 1,300 s.f. is paved for guest parking and maneuvering of vehicles. The remainder of the front yard area is planted with grass and ornamental shrubbery. There is a 4 -foot fence separating the front yards of this property and property located to the west, just south of the front yard is a row of 15-20 foot high evergreens/Thuja trees providing a solid screen between the site and property to the south. The east line of the front yard is not fenced, while the back yard is fully fenced with a 6 -foot wood fence. Along the east side of the panhandle access is a chain link fence 4' in height and behind is a 6' wood fence. Next to the fence is approximately a nine foot wide strip of landscaping including a grass border next to the drive and ornamental shrubs and flowers behind. The panhandle is paved with a 10 -foot wide asphalt drive and it directly abuts a neighboring 10 - foot wide asphalt drive. According to the applicant, there is no formal agreement between the two properties for shared use of the two abutting 10 -foot wide panhandle driveways (20 feet improved total width). 3. Special Home Occupation: The home business may be allowed if a Special Home Occupation Permit is approved by the Hearing Examiner pursuant to Auburn City Code (ACC) Section 18.60.040 A. 6. which states: "18.60.040 Special home occupation permit. A. Special home occupation permits are required and must be granted by the hearing examiner for the following uses, even if the use meets all 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: 1. Building and construction contractor services, to include landscaping services (unless the home occupation is solely used for office purposes); ... 6. Home occupations that can only meet 11 or 12 of the 13 requirements as outlined in ACC 18.60.020(A) through (M)." The applicant's request as submitted would not comply with 2 of the requirements; however the request would meet 11 of the 13 requirements. These requirements found at ACC 18.60.020(A) through (M) are recognized as "findings" of this report and are cited in the Conclusion Section of this report for convenience in discussing compliance with the code. 4. Existing Characteristics of Area: As noted above, the property immediately west has an abutting panhandle access next to the subject property. On the property immediately south, there is a row of evergreens/Thuja trees approximately 15-20 feet tall on the common property line which provide a solid visual screen between the two homes. Page 3 of 12 Agenda Subject: Public Hearing MIS08-0010 Date: May 9, 2008 It is not evident by driving though the neighborhood that there is a business at this home or any other nearby homes. 5. Comprehensive Plan and Related Purpose of Zoning: ACC 18.14.010 describes the purpose of the Zoning Code Title as a means to implement the Comprehensive Plan. The Comprehensive Plan designates this area as single family residential. The purpose of the R-2, Single Family Residential District is to create a living environment of optimal standards for single family dwellings. 6. Property Access: The property gains access off of SE 23 d St. which is a paved local residential street developed with curbs, gutters and sidewalks. The panhandle driveway serving the subject property and the abutting driveway next door (west) appears to function as a shared driveway as viewed from SE 23`d St. There are no obstacles or signage which would alert a visitor or home delivery truck that there are two separate driveways rather than one. Current standards are provided below as a reference to individual and shared access panhandles: "ACC 18.48.130 Development standards for panhandle lot access and private access tracts. A. Panhandle Lot Access.... 2. The minimum width of a panhandle access for one single-family home shall be 20 feet and the minimum pavement width shall be 11 feet unless the panhandle access is needed for a fire lane then 20 feet is required. The minimum width of a panhandle access that serves two to four dwelling units shall be 20 feet and the minimum pavement width shall be 18 feet unless the panhandle access is needed for a fire lane then 20 feet is required.... 3. If two panhandle accesses within the same plat abut each other then one common paved driveway, spanning both panhandles, may be provided as part of the two panhandles. The pavement width of the driveway shall be determined using the same methodology as subsection (A)(2) of this section.... C. Emergency Access Provisions. Irrespective of the requirements of this section, additional provisions may be required if needed to provide for adequate emergency access as determined by the Auburn fire marshal. The additional provisions may include but not be limited to providing for turnarounds, additional access tract width, fire hydrants or sprinklering of the building. (Ord. 5533 § 1, 2001.)" The improved panhandle access on the subject property and the improved panhandle access on the neighboring property each separately do not meet the current standard of a minimum 11 -foot paved width, each are presently 10 feet wide. Together as a single shared access the driveway exceeds the code by two feet. There is 20 feet of actual paved width and an 18 -foot width would be required under current standards. The recorded plat of Carmen's 1St Add. does not identify access easements for any shared use across the two panhandles. The 1989 building permit records for the house only include a copy of the permit. The site plan was not retained. If a site plan were available it may have clarified the intent when the homes were constructed to share access or keep the panhandle driveways fully separate. Page 4 of 12 Agenda Subject: Public Hearing MIS08-0010 Date: May 9, 2008 7. Public Works: Staff reviewed the request and provided comments relative to potential issues and the need for conditions: a. Public Water: Non-domestic service lines, if any, will require a backflow prevention device. b. Ground Water: The Applicant's parcel is located within the critical area known as Ground Water Protection Zone 3. Based on Auburn City Code (16.10.100(D) & 16.10.120(E)) there will be land use limitations and development mitigation requirements for those developing in Ground Water Protection Zone 3. No commercial vehicle or equipment washing or storage is allowed outside of the building. No washing of interior floor space to the parking lot. No fluid disposal to the parking lot. Authority: ACC 13.48.210 (Water Quality) c. Traffic Engineering: The primary concern is the impact of site parking on the neighborhood. A condition of approval should be the restriction of the number of employees who can use the site based on the total number of legally designed off street parking stalls available on site. Subsequently public works staff has voiced concern that there is no joint use agreement for use and long term maintenance of the 20 -foot improved access width. The Conclusion Section of this report further discusses these concerns in the context of the proposal and codes. 8. SEPA: This Special Home Occupation Permit application is exempt from the State Environmental Policy Act (SEPA) RCW 197.11.800 (6) (a) and the City of Auburn's Environmental Review Procedures per ACC Section 16.06.055. 9. Business License: The applicant currently has a business license (BUS25516) to operate the landscape design portion of his business. It was issued 3/24/2008 and will expire 6/30/2008. A new license or modification of the license will be required if the business is expanded to include installation and maintenance associated with the business as sought by the Special Home Occupation request. 10. Background: Application was filed on March 18, 2008. PB&C staff deemed the application complete on April 7, 2008. The Notice of Application and notice of the March 21, 2008 Public Hearing was scheduled to be published in the Seattle Times; posted on the property; and mailed to property owners within 300 feet of this site. A site visit by PB&C staff was made on April 1, 2008 and subsequently on May 2, 2008. Staff requested the applicant to relocate the sign in a more visible location closer to the front near the sidewalk after the May 2, 2008 site visit. Page 5 of 12 Agenda Subject: Public Hearing MiS08-0010 Date: May 9, 2008 CONCLUSIONS: 1. Pursuant to Chapter 18.60.040 A of the Zoning Code, a landscape service business conducted from a residence must be reviewed by the hearing examiner. The examiner may grant the home occupation provided that the occupation meets at least eleven (11) out of the thirteen (13) criteria of ACC 18.60.020. Each of the thirteen requirements is analyzed below for code compliance and staff conclusions are detailed as follows: ACC 18.60.020 Requirements Home occupations are required to have a business license as issued by the city, comply with all city codes and ordinances, and shall be consistent with the following provisions: A. Only members of the immediate family residing on the premises and no more than one non-resident may be employed at any one time; provided, that home occupations with a nonresident employee shall provide off-street parking for the employee on site; The proposal as presented in a 4/1/2008 email and a phone call with Robert Worthington on 4/2/2008 is that: • The business would be begin with three family members living in the home employed as part of the business; • Also, the business will start with two non-resident employees and could grow to four employees before the applicant would consider relocating the business operation outside the house; • The non-resident employees would not meet at the home, would not park at the home, nor park on nearby streets to carpool to and from job sites; and • Non-resident employees would drive directly to job sites, or meet at a Park & Ride Lot. One of the main concerns is the potential impact of parking on the neighborhood, if employees begin meeting at the home. Public Works has recommended that there be a condition restricting the number of employees who can use the site based on the total number of legally designed off street parking stalls available on site. Since there are no additional parking spaces available, non-resident employees should be restricted from meeting and parking at the home as proposed by the applicant. 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); Only hand tools, wheel barrow, lawn mower and other garden tools common to a residence will be stored in the garage on the property. Storage will not affect the ability to park in the three bays of the garage. Large tools not common to a residence and/or other motorized tools are rented and are taken directly to the job site. The utility trailer would be stored in the garage at times and at other times would be kept in the front driveway when frequently in use. Page 6 of 12 Agenda Subject: Public Hearing MIS08-0010 Date: May 9, 2008 C. Not more than one-fourth of the floor area of any building is devoted to such occupation, except for bed and breakfasts; The application for business license reflects a total of 370 s.f. for business use. This includes a 120 s.f. office and a 250 s.f. garage/storage area which is less than 1/4`h of the total floor area. Storage of the trailer is shown as inside the garage on the site plan which eliminates 1 of the 3 garage spaces. The reference to use of an 8'x10' shed in an earlier e- mail from the applicant to staff is no longer planned for the site. D. That such occupation shall not require internal or external alteration or involve construction features not customarily found in a dwelling; No alterations are proposed. All storage enclosed. The reference to an 8'x10' shed in an earlier e-mail to staff is now no longer planned for the site. 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; A "commercial vehicle" is defined under ACC 18.04.245 as a "semi -truck tractors and/or semi -trailers (over 26,001 pounds gross vehicle weight rating) used in any commercial enterprise". The owner's pickup truck does not meet the commercial vehicle definition and the utility trailer is common to a residence. Both are kept on the property. The trailer will be mostly housed in the garage, but will be in the driveway at times as well. The truck is more likely to be outside in front of the garage. Both will be used as part of the business. Based on the applicant no commercial vehicles will be brought to the residence. Deliveries of landscape supplies and some equipment will be made to directly to job sites or directly picked up by the applicant and delivered to the job site in his truck or trailer. 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; The house is a four bedroom home which requires two parking spaces per ACC 18.52.020 A.1. There is an existing three car garage which is shown on the plan to contain two vehicles and the utility trailer. When staff first visited the site, the trailer and truck were both parked on that portion of the driveway in the front setback, neither blocked the panhandle access. Upon the second visit, only the truck was visible in the driveway. Again, according to the applicant the trailer will be mostly housed in the garage, but will be in the driveway at times as well. The truck is more likely to be outside in front of the garage. No additional parking is needed provided that employees will not be visiting the home as part of the business operation. This is a condition offered by the applicant to lesson the impact on the neighborhood. Page 7 of 12 Agenda Subject: Public Hearing MIS08-0010 Date: May 9, 2008 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; Initially, the application referenced the placement of a business sign in the submittal documentation, without specificity to the sign location. Subsequently, the plan for a sign has been eliminated. No sign is now proposed. H. No display pertaining to the occupation, other than the one permitted sign, is visible from the street or adjacent residences;. No display is proposed other than the fact that the landscape strip along the panhandle is landscaped with a variety of shrubs and flowers. I. No more animals are maintained on the premises than what may otherwise be permitted in the zone; Not applicable. 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; While employees and customers would not visit the site there would be activity of loading and unloading tools to be used at a job site. The application initially referenced that there will be no loading or unloading between 8 PM to 8 AM. The applicant has subsequently agreed to not do any type of loading or unloading between 6 PM to 8 AM in a phone call with staff on 4/2/2008 and email on 4/26/2008. The applicant has proposed to meet customers at their property, not at his home as a further means to reduce potential associated impacts on neighbors. 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; All employees would arrive at the job site, or at a park and ride lot for commuting. Their proposal would be that no employees would park on nearby public streets, as well as, in the driveway during the normal business operating times. Occasionally employees might visit the property on off hours for a social gathering. All deliveries of landscape materials and rental equipment would be brought to the job site and not to the residence. No pallets of items would be left at the home unless it is for home improvements. These items are to be left in the yard and behind the fence so that they will not offend anyone. Page 8 of 12 Agenda Subject: Public Hearing MIS08-0010 Date: May 9, 2008 No commercial vehicles or equipment will be brought to the residence. If purchased in the future, the company would not store them at the home. L. Outdoor storage of materials, goods, products or equipment is not allowed; Tools will be stored inside the garage. The business use would at times either be stored driveway. truck and trailer used for both personal and inside the garage or next to the garage in the The applicant further clarified in the 4/26/2008 e-mail that growing and transporting plants and materials to and from the property will not occur. He does not grow plants to be later sold. Plants are grown as part of the yard landscaping and personal enjoyment. The issue of outdoor storage has been raised as a concern by neighbors. 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. Should this permit be approved, the residential character of the home and yard will not be altered and the current character of the property is in keeping with the residential character of the neighborhood. Time of operation and potential noise associated with loading and unloading of the personal residential yard tools to be transported to job sites will not rise to the level of noise beyond what is typically found in single family neighborhoods. Noise associated with movement and loading of the truck with utility trailer would typically be at most twice a day which would not create noise "inconsistent' with the area character. Summarizing, the proposed home occupation will not technically comply with two of the thirteen code requirements: ACC 18.60.020 A. — There will be more than the one non-resident employed at any one time in association with the home occupation and additional parking at the house is not proposed. The potential four non-resident employees will drive directly to job sites or other meeting location and they will not meet at the home, or park vehicles at or near the home on public streets. ACC 18.60.020 L. - Temporary storage of the utility trailer outdoors will occur at times when in frequent use for the business. The trailer is of a size that is commonly used and stored by residents in single family neighborhoods. The trailer will transport home/personal garden tools to be used at job sites, to haul purchased landscape supplies to job sites and haul away debris. Supplies purchased and debris hauled from job sites will not be transported to or from the house and property. Given these limitations to use outdoor storage of the trailer at times in the driveway is seen as a typical use and in character with residential neighborhoods. 2. The business activity at the home is not anticipated to require any substantial increase in water use and therefore change to water service will not be needed. Page 9 of 12 Agenda Subject: Public Hearing MIS08-0010 Date: May 9, 2008 3. Because of the increased frequency of small motorized yard equipment use, there will likely be more refueling which may occur either at the home or job sites. Care in fueling through best management practices is important for compliance with ACC 13.48.210 to assure water quality in Ground Water Protection Zone 3 as is the case for all homeowners with or without a home occupation. As proposed, there will not be additional vehicles or equipment, only the resident's truck, utility trailer and common residential garden tools, therefore special conditions regarding washing of vehicles or equipment on the property is unnecessary. Provided there is no fluid disposal onto the property and best management practices are used, the proposal will not have an increased impact on ground water quality. 4. Related to the function of the special home occupation is the fact that there is no formal agreement for the access drive (the panhandle access owned by the applicant and panhandle access of the neighbor directly west). Staff concludes that while there may not be a formal use agreement for shared use, shared use occurs by at least others driving as guests, making deliveries, etc. Minimally, shared use by others will continue as is with or without a home occupation on this property. The applicant has submitted the request without initially referencing the shared driveway usage. The submittal shows only single use of a single panhandle driveway, the other neighboring driveway was not referenced. No formal documentation of shared use was referenced by the applicant, and when asked, the applicant indicated that there is no shared use agreement. Staff was unable to find documentation in the plat or building permit that reference joint access or access easements. It appears that the original intent of the plat was for two separate driveways to be developed. Staff recognizes that the business will likely create a slightly increased level of travel by the business on the driveway by both the truck and utility trailer. Whether travel over the access will be more than if the owner had a different occupation is difficult to evaluate. However, under the requirements for a Special Home Occupation, ACC 18.60.040 B, the examiner may only approve the permit if he 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. " It is the purpose of the R-2 - Single Family Residential District to create a living environment of optimal standards for single family dwellings. Allowing a home occupation which indeed has the potential to impact the access of the neighboring property would not be forwarding the intent of the zone and would have the probability of causing some additional maintenance of the access drive over time. It is also recognized that the improved 20 foot wide shared access meets the current standards for a shared access by two homes (ACC 18.48.130) and if each driveway were to be considered as separate, two 10 foot driveways, neither driveway would meet the current standard of a minimum 11 foot driveway. Therefore, approval should not be granted unless a condition per Page 10 of 12 Agenda Subject: Public Hearing MIS08-0010 Date: May 9, 2008 ACC 18.60.040.0 can be establish for the protection of the neighboring property. ACC 18.60.040.0 in part states: "the hearing examiner may impose such requirements and conditions with respect to location, installation, construction, maintenance and operation ... , as may be deemed necessary for the protection of other properties in the zone or vicinity and the public interest." The City staff supports the approval of the request provided that the Special Home Occupation operates as detailed in this report, except that applicant and neighboring property owner must establish a use and maintenance agreement for the 20 -foot wide improved driveway. Such agreement should also be approved by the city to assure the function and maintenance of the access for this permit. Alternatively, recognizing that the driveway function and improvements are preexisting, as well as, the possibility that the applicant may not be able to reach an agreement with the neighbor, staff would then be supportive of a condition which would require the applicant to bring the east driveway up to current standards for a single panhandle driveway with 11 feet of paving. CITY STAFF RECOMMENDATION: Upon review of the request and code criteria contained in ACC 18.60 for granting of a Special Home Occupation Permit, staff recommends APPROVAL subject to the following conditions: 1. The applicant must obtain approval of the neighboring property owner for shared use of the improved 20 -foot wide driveway and for driveway maintenance (10 feet improved on each property). The agreement shall be reviewed by the Planning, Building and Community Department and be in a form found acceptable by the City. This approved agreement shall be recorded. Alternatively, should the applicant demonstrate to the City that a good faith effort was made to secure the easement and maintenance agreement, and further that the neighbor is unwilling to come to a reasonable agreement, then the applicant shall have the ability to upgrade the 10 -foot wide improved driveway to a minimum of 11 -feet (the current standard for a panhandle driveway serving one home). 2. The applicant must first obtain a business license specific to the conduct of a landscape maintenance and installation business as required by the City. Issuance of a license is dependent on compliance with Condition No. 1. 3. The applicant shall operate the Special Home Occupation Permit as detailed in the PB&C staff report and agreed to by the application. 4. Building expansion, or a new storage shed is not allowed under this approval. Page 11 of 12 Agenda Subject: Public Hearing MIS08-0010 Date: May 9, 2008 5.. The applicant must satisfy Conditions 1 and 2 above within two years from the date of approval of this special home occupancy permit. If conditions are not satisfied within this time frame, this special home occupation shall be deemed null and void. The existing "office only" business may continue as a permitted use, provided the "office only" business remains licensed. Note: 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. Attachments: a. Site Plan, rec'd 3/18/2008 b. City of Auburn GIS Aerial of Site, printed 4/14/2008 Staff Report Mailed to the following List of Parties of Record: Jeff Dixon, Principal Planner, PC&B Karen Scharer, Senior Planner, PC&B Joe Welsh, Transportation Planner, Public Works Nataliya & Robert Worthington, NW Landscape by Design, LLC 809 23`d St. SE, Auburn, WA 98002 Dennis & Teresa Millard, 801 23`d Street SE, Auburn, WA 98032 Jack and Gwen Coen, 2300 H Street SE, Auburn WA 98032 Page 12 of 12 m i d C>e)- poto-J,^, VVQ� b - Legend Rail HigI 'Aub Aub STF Hyd 2007 1 rr RGB Red Gre, BlUE 0th Fll, � T -ll http://maps.aubttmwa.gov/servlet/com.esri. esrimap.Esrimap?ServiceName=Extemat&C lie... 3/31/2008 d Teen aborwta N115 C�CV 4 (D �Iflck Acu- � 0- - Client! NW Lamd5cape b� Pe5fqn, 1-1,C itrcr.t: 809 23rd 5t. 5F fown: Auburn WA 98002-7676 I P e 10' Phone # Pate; Fobert & Natasha j 253-217-3015 5117106 Wtor: Plan # P Obert 04 of Auburn Co Slee r -. 2 . IASTER LAND USE APPLICATION — PLANNING APPLICATIONS Project Name ��G/f!°. tG�dG'�C6�.: C);�/^j;; '� i �_ Date Parcel No(s) f C.` ------- Site Address C '�°f `� �; ✓ Legal Description (attached separate sheet if necessary) FA1,picante:ng Address vim" �'�j' � Telephone and Fax: Email: ll ' /f`f)�� .� i'j divrAil" c ZrS'�.cf-a t tf? Owner (if more than one _atta(-another sheet) Name:�c"2 ,L. s'P✓£ Yft� �i'1f! MailinU Address:�}tr.113 2 Telephone and Fax: .., Email:` Signature: Engineer/Architecture/Other Name: Mailing Address: j Telephone and Fax: Email: Description of Proposed Action Tv e of Application Required (Check all that A h') Administrative Appeal* Administrative Use Permit* Annexation* Boundary Line Adjustment Comprehensive Plan Amendment (Text or Map)* Conditional Use Permit* Critical Areas Variance* Development Agreement* Environmental Review (SEPA)* Final Plat Preliminary Plat* PUD Site Plan Approval Reasonable- Use Exception* Rezone (site specific)* Short Plat Special Exception* Special Home Occupation Permit* Substantial Shoreline Development* Surface Mining Permit* Temporary Use Permit Variance* *Please note that public notification is required. A separate cost is charged for the signs. City prepares signs but applicant responsible for sign posting. � icy i _ �1 t _ t, R °... C - � ¢ 2 � � � i � � f : r ��T a � $ '� { • a 4 g g R r� t . L! +�. i� i' �` f .a � d f$ . IASTER LAND USE APPLICATION — PLANNING APPLICATIONS Project Name ��G/f!°. tG�dG'�C6�.: C);�/^j;; '� i �_ Date Parcel No(s) f C.` ------- Site Address C '�°f `� �; ✓ Legal Description (attached separate sheet if necessary) FA1,picante:ng Address vim" �'�j' � Telephone and Fax: Email: ll ' /f`f)�� .� i'j divrAil" c ZrS'�.cf-a t tf? Owner (if more than one _atta(-another sheet) Name:�c"2 ,L. s'P✓£ Yft� �i'1f! MailinU Address:�}tr.113 2 Telephone and Fax: .., Email:` Signature: Engineer/Architecture/Other Name: Mailing Address: j Telephone and Fax: Email: Description of Proposed Action Tv e of Application Required (Check all that A h') Administrative Appeal* Administrative Use Permit* Annexation* Boundary Line Adjustment Comprehensive Plan Amendment (Text or Map)* Conditional Use Permit* Critical Areas Variance* Development Agreement* Environmental Review (SEPA)* Final Plat Preliminary Plat* PUD Site Plan Approval Reasonable- Use Exception* Rezone (site specific)* Short Plat Special Exception* Special Home Occupation Permit* Substantial Shoreline Development* Surface Mining Permit* Temporary Use Permit Variance* *Please note that public notification is required. A separate cost is charged for the signs. City prepares signs but applicant responsible for sign posting. Page I of z EXHIBIT e A , t AU' -B -t -J -RN LETTER FROM PROPERTY OWNER GRANTING AUTHORIZATION TO ACT (A copy of this letter must be submitted for each property owner involved) being duly sworn declare that I am the owner of the property (PROPERTY OWNER) Involved in the application. I hereby grant t�,,�_,,�,�' A., of i" -1w,, � `' r _ to act on my behalf. I further declare that all statements, answers, and information herein submitted is in all respects true and correct to the best of my knowledge and belief. Signature Address Subscribed and sworn to before me this M Date day of 14 z. , ads Notary Public in and for the State of Washington, Residing at F F4111 Page 2 of 2 EXHIBIT Z. z z{.. , R_N * 1\4( -111`1 i A ) 1 i1A AG 1 N E L NOTICE OF APPLICATION and PUBLIC HEARING PUBLIC HEARING: MAY 21, 2008 at 5:30 pm COUNCIL CHAMBERS, AUBURN CITY HALL APPLICATION REQUESTED: Special Home Occupation Permit APPLICATION NUMBER & NAME: MIS 08-0010 / Northwest Landscape by Design, LLC PROPONENT: Nataliya I. Worthington, NW Landscape by Design, LLC 809 23d St. SE, Auburn, WA 98002 PROPERTY LOCATION: The property is located on the north side of 23d St. SE at 809 23 Id St. SE. The site is within the northeast quarter of Section 19, Township 21 North, Range 5 East, W.M. King County, Washington. Assessors Parcel Number: #1388600070. DESCRIPTION OF PROPOSAL: The home occupation includes: landscape design, installation, and maintenance. Proposed is storage and transport of home/personal garden tools to be used at job sites; and use of the owner's truck and utility trailer for the business. Up to four non-resident employees will drive directly to job sites or other meeting location. The applicant agrees that these employees will not meet at the home, nor park vehicles at or near the home on public streets. AUBURN PB&C CONTACT: Karen Scharer, Senior Planner kscharer@auburnwa.gov 253-804-3111 APPLICATION FILED: March 18, 2008 COMPLETE APPLICATION: April 7, 2008 NOTICE OF APPLICATION: April 19, 2008 STUDIES SUBMITTED WITH APPLICATON: None. OTHER PERMITS AND PLANS WHICH MAY BE REQUIRED: N/A STATEMENT OF CONSISTENCY AND LIST OF APPLICABLE DEVELOPMENT REGULATIONS: This project is subject to and shall be consistent with the City of Auburn Zoning Code, Surface and Stormwater Management Ordinance, International Building Code and International Fire Code. All persons may comment on this application either in writing to the address below or by submitting written or oral testimony during the public hearing. Any person wishing to become a party of record and receive future notices, copies of the PB&C report with recommendation (one week prior to hearing), Hearing Examiner decision or any appeal decision must notify PB&C by providing their name, mailing address and reference the application number — MIS 08-0010. City of Auburn Planning, Building and Community Department 25 West Main Street Auburn, WA. 98001- 4998 253-931-3090 EXHIBIT 3 t J -z-- EXHIBIT AFFIDAVIT OF MAILING OF LEGAL NOTICE Application No.: MIS08-0010 Applicant: Nataliya I Worthington Location: 804 23rd Street SE Date of Public Hearing: May 21, 2008 I certify that on April 23, 2008, 1 did send a Notice of Public Hearing for the above referenced application, as required by Auburn City Code 14.07.040 and 18.66.130, to all property owners located within 300 feet of the affected site. Said Notice was mailed pre -paid stamped through the United States Postal Service at least 10 days prior to the public hearing date noted above. I declare under penalty of perjury of the laws of the State of Washington that the foregoing is true and correct. Carolyn Brown' Assistant Planning Secretary EXHIBIT � AFFIDAVIT OF POSTING OF LEGAL NOTICE BY APPLICANT Application No.: MIS08-0010 Applicant: Nataliya I Worthington Location: 809 23rd Street SE Date of Public Hearing: May 21, 2008 I certify that on �— Al- affie I did erect a land use posting board at the location above, which included a Notice of Public Hearing for the above referenced application, as required by Auburn City Code 1.27, 14.07.040 and 18.66.130. The board was erected at least 10 days prior to the public hearing date noted above. I declare under penalty of perjury of the laws of the State of Washington that the foregoing is true and correct. fiaWr'yd 1A20r7lWki?�Ae Name (pleas rint or type) V Signature -1/ -";?P 5 - Am" Date (Note: this affidavit must be returned to the Planning, Building and Community Department at least one week prior to the scheduled hearing date or the hearing may be postponed). EXHIBIT AFFIDAVIT OF PUBLICATION OF LEGAL NOTICE In the Seattle Times, a newspaper of general circulation in the Auburn area Application No.: MIS08-0010 Applicant: Nataliya I Worthington Location: 809 23rd Street SE Date of Public Hearing: May 21, 2008 I certify that on April 16, 2008 I did send via e-mail to the Seattle Times, a Notice of Public Hearing for the above referenced application, as required by Auburn City Code 14.07.040 and 18.66.130. Said Notice was requested to be published on April 21, 2008, which is at least 10 days prior to the public hearing date noted above. I declare under penalty of perjury of the laws of the State of Washington that the foregoing is true and correct. V Carolyn Brown, ssistant Planning Secretary EXHIBIT C"f � REQUEST TO PUBLISH Please publish the following Notice of Public Hearing in the Seattle Times on Saturday, April 19, 2008. Bill the City of Auburn City of Auburn ATT: City Clerk 25 West Main Auburn, WA. 98001 Three "Affidavits of Publication" are requested for this billing. Thank you. Please publish below line only. NOTICE OF APPLICATION&PUBLIC HEARING PUBLIC HEARING: MAY 21, 2008 at 5:30 pm COUNCIL CHAMBERS, AUBURN CITY HALL APPLICATION REQUESTED: Special Home Occupation Permit APPLICATION NUMBER & NAME: MIS 08-0010 / Northwest Landscape by Design, LLC PROPONENT: Nataliya 1. Worthington, NW Landscape by Design, LLC / 809 23rd St. SE, Auburn, WA 98002 PROPERTY LOCATION: The property is located on the north side of 23rd St. SE at 809 23`d St. SE. The site is within the northeast quarter of Section 19, Township 21 North, Range 5 East, W.M. King County, Washington. Assessors Parcel Number: #1388600070. DESCRIPTION OF PROPOSAL: The home occupation includes: landscape design, installation, and maintenance. Proposed is storage and transport of home/personal garden tools to be used at job sites; and use of the owner's truck and utility trailer for the business. Up to four non-resident employees will drive directly to job sites or other meeting location. The applicant agrees that these employees will not meet at the home, nor park vehicles at or near the home on public streets. APPLICATION FILED: March 18, 2008. COMPLETE APPLICATION: April 7, 2008. NOTICE OF APPLICATION: April 19, 2008 STUDIES SUBMITTED WITH APPLICATON: None. OTHER PERMITS AND PLANS WHICH MAY BE REQUIRED: N/A STATEMENT OF CONSISTENCY AND LIST OF APPLICABLE DEVELOPMENT REGULATIONS: This project is subject to and shall be consistent with the City of Auburn Zoning Code, Surface and Stormwater Management Ordinance, International Building Code and International Fire Code. All persons may comment on this application either in writing to the address below or by submitting written or oral testimony during the public hearing. Any person wishing to become a party of record and receive future notices, copies of the PB&C report with recommendation (one week prior to hearing), Hearing Examiner decision or any appeal decision must notify PB&C by providing their name, mailing address and reference the application number — MIS 08-0010. Auburn Planning, Building and Community contact: Karen Scharer, Senior Planner kscharer@auburnwa.gov 253-804-3111 Pursuant to WAC 197-11-535, this hearing will be open to the consideration of the environmental impact of the proposal. All environmental documents prepared pursuant to SEPA for the subject proposal will be available for consideration at this public hearing. For citizens with speech, sight or hearing disabilities wishing to review documents pertaining to this hearing, should contact the City of Auburn within 10 calendar days prior to the meeting, as to the type of service or equipment needed. 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. PLANNING BUILDING AND COMMUNITY DEPARTMENT 25 WEST MAIN STREET, AUBURN, WA. 98001 (253) 931-3090 EXHIBIT G� C,3 Page 1 of 1 Carolyn Brown From: Legals [legals@seattletimes.com] Sent: Wednesday, April 16, 2008 4:29 PM To: Carolyn Brown Subject: RE: Request to publish Good Afternoon Carolyn, Your legal notice is scheduled to run on Saturday 4/19 in the Seattle Times and Post-Intelligencer on Ad# 3902919 costing 358.02. ']'hank you, Kathy Baldwin [.,egals Account Executive Seattle Times representing The Post Intelligencer Phone: 206-652-6018 Fax: 206-515-5595 Email: legals@seattletimes.com From: Carolyn Brown [maiIto: cbrown@auburnwa.gov] Sent: Wednesday, April 16, 2008 2:07 PM To: Legals Subject: Request to publish Good afternoon, Please publish the attached Notice of Application and Public Hearing in the legal section of the Saturday, April 19, 2008 Seattle Times and PI. Carolyn Brown Assistant Secretary Planning Department City of Auburn EXHIBIT Pa -e l of 4 Karen Scharer From: Jeff Dixon Sent: Tuesday, April 01, 2008 4:30 PM To: Karen Scharer Subject: FW: Business License Application From: customerservice@welove2landscape.com[mailto:customerservice@welove2landscape.com] Sent: Tuesday, April 01, 2008 2:52 PM To: Jeff Dixon Subject: RE: Business License Application Jeff, I just meet with a rep that the city sent out to review the site. It appeared that everything is in order as she was able to locate the trailer that you cannot see from the main street. And the truck. I also explained to her that the hand tools would be kept in the garage and that no small power equitment (skid steers, loaders and such) would not be held at the residence. Again, the residence is kept as such. I also (as I have mentioned numberous times) told her that emplyees would not appear at the residence buiness. They are to be directed to go to the job site, or meet at a park and ride for a commute. It is my understanding that the traffic department might have some questions as well. We would like to address it as the same. No employee vhicles on the residence at all. No operation of business after the hours stated in the ordenances. No equipment on the residance site. No cars parked on 23rd st se. Please have the traffic department contact me. Allowing us to do the design from our home is a start to wages for me, however I cannot make a living off just designing and no one wishes to hire a disabiled vet. So, this is my only chance. Thank you for your business, Robert Worthington - CLD, CLP, CLT -E, SSG E-6 (Retired) & Nataliya Worthington - BA, MBA NW Landscape By Design, LLC 253-217-3270 253-217-3015 -------- Original Message -------- Subject: RE: Business License Application From: "Jeff Dixon" <jdixon@auburnwa.gov> Date: Mon, March 31, 2008 12:59 pm To:<customerservice@welove2landscape. com> Cc: "Al Hicks" <ahicks@auburnwa.gov>, "Stacey Borland" <sborl and@auburnwa.gov> Thanks for your inquiry. I'm responding to the issue related to the Special Home Occupation Permit Application. The Special Home Occupation Permit Application submitted on March 13th is currently being reviewed by city staff. Once the review is conducted, we will know if the city has enough information to process your application and to schedule the public hearing by the Hearing Examiner. This should be known in a few days. Jeff Dixon From: customerservice@welove2landscape.com [mailto:cu_stomerservice@welove2la nds. cape.com] Sent: Wednesday, March 26, 2008 12:44 PM To: Al Hicks Cc: Steven Pilcher; Stacey Borland; Darcie Hanson Subject: RE: Business License Application Mr. Hicks, We would like to thank you for giving us the temporary license to conduct in office business in the city of Auburn. With this license, we are now days with the Designs for Jiffy Lube to the city for approval. It was brought to my attention from the HQ of Jiffy Lube that they would like me to do the install once the plans are approved. Keeping that in mind, I informed the manager responsible that as soon as the city approves my Landscape Installation business Lcense for the city of Auburn, I will be able to conduct that form of business for them. With this in mind, do you know if our company will be on the April hearing schedule? Just so I can inform Jiffy Lube as to when the installation will be done. Thank you for your business, Robert Worthington - CLD, CLP, CLT -E, SSG E-6 (Retired) & Nataliya Worthington - BA, MBA NW Landscape By Design, LLC 253-217-3270 253-217-3015 -------- Original Message -------- Subject: RE: Business License Application From: "Al Hicks" <ahicks@aubumwa.gov> Date: Thu, March 13, 2008 9:40 am To:<customerservice@welove2landscape.com> Cc: "Steven Pilcher" <spilcher@auburnwa.gov>, <sborland@auburnwa.gov>, "Darcie Hanson" <dhanson@auburnwa.gov> "Stacey Borland" s Page 2 of 4 EXHIBIT Z f' 1'a�,c I of 2 Karen Scharer From: customerservice@welove2landscape.com Sent: Tuesday, April 01, 2008 9:27 PM To: Karen Scharer Subject: NW Landscape By Design Good Morning, I received your email from Jeff Dixon recently. With the current business License, we are able to do he design work for Jiffy Lube's office at Auburn Way S and Cross Road. They indicated to us that they wanted us to do the installation. In order for us to do this, we would need the business license for the installation part. This is where we are pending the hearing. I guess I am confused. When I went to Clover Park Technical College's landscape program, they never mentioned that a business license would take 3 months to get. This is more then likely how most companies do not make it at first. As I mentioned yesterday the following points. 1. All hand tools, wheel barrows an supplies would be kept in the garage for the company. This way we keep our company items away from our home improvement items. 2. Our trailer would b kept in the location that it is at, but closer to the hedge. 3. Our truck would be kept near the trailer at an angle to give more space, or inside the third garage (trailer or truck in the third garage though. 4. All employees would arrive at the job site, or at a park and ride for commuting. It will be our strict guide that no vehicles shall be parked from our employees on the public streets as well as in our driveway during the normal business operating times. 5. All small power equipment (skid steer for example) would be delivered and picked up to the job site location. Nothing would be brought to the residence. 6. All deliveries would be brought to the job site and not to the residence. No pallets of items left at the home unless it is for home improvements. These items are to be left in the yard and behind the fence so that they will not offend anyone. 7. Any items that are extra from a job site, will be brought back to their place of purchase after the work is complete and not brought back to the residence. This way the site remains clear and clean. 8. All equipment will remain inspected and maintained to make sure that no noise of oil issues are at the house. 9. No commercial rigs will be brought to the residence (our company will not have them. 10. Our company equipment will consist of a 1 ton truck, the trailer you seen and the hand tools in the garage. Nothing more then that will be at our home unless first agreed on by the city and our company or if we move to a new commercial location (which is our 2 year goal). This company will not be a perm. solution. Just enough to get our accounts up and a profit to buy or lease a Auburn Commercial property. We would like to assist in the process's of the application and the license and hope that we can make it to the April hearing. It would make it easier for my family as this will be our our means of income at this time. This is the reason I received a Associates degree in Landscape Management, A certification as a Landscape Technician though PLANET.NET, A member of the Washington association of Landscape Professionals, A Certified landscape Professional, A certified Landscape Designer, A EXI�IBIT ►o� 2 1'a�e 2 of 2 Certificate of Appreciation and training an retaining wall construction, A completion of the back- flow assembly tester course through Green River Community College and a Member of the Association of Professional landscape Designers. It is how serious we are about the career we do and the code of conduct that goes with it. I have submitted with my application all of my certifications and more showing that we are not the average Joe smo with the rusty truck that leave all their grass clippings at the home and more. We are a responsible and educated breed. This is why I volunteered and internship with the City of Auburn parks and recreation department during my school years. Please let me know if there is anything else I can do. I am currently helping out my family (not as a business) to pass the time until the board approves or denies my license. Thank you for your business, Robert Worthington - CLD, CLP, CLT -E, SSG E-6 (Retired) & Nataliya Worthington - BA, MBA NW Landscape By Design, LLC 253-217-3270 253-217-3015 EXHIBIT -7-4o- r City of Auburn Planning, Building, and Community Department s April 26, 2008 Dear Karen Scharer: In regards to: Special Home Occupation Permit Application MIS 08-0010 As residential homeowners of 2300 H Street S. E. in Auburn we are against the proposal for the home occupation permit submitted March 18, 2008 by NW Landscape by Design, LLC located at 809 23`d Street S.E., in Auburn. The decision to purchase our own home on this particular street of this block was based on the quality of the quiet neighborhood. We have lived in our home for 48 years and prefer to live in a residential area without a business operating nearby. The decision would greatly impact our daily lives as our backyard is in such close proximity to the property requesting the permit. Please address the concerns listed below. Landscape design • What are the components? What are the parameters that landscape design encompass? Storage • Gasoline • Oil • Sod, gravel, dirt, clippings • Motorized gasoline powered equipment including mowers, blowers, trimmers • Landscape related supplies i.e.: pipe, wiring • Hazardous materials i.e.: pesticides, fertilizer, chemicals Disposal • Hazardous materials i.e.: gasoline, oil, chemicals • Clippings, branches, yard debris • Other landscape related debris i.e.: trash, animal feces Maintenance • Gasoline powered garden equipment • Vehicles i.e.: ride on equipment, business vehicles • Engine/equipment noise Other concerns • Parking i.e.: owner truck/trailer • Emergency vehicle access • Hours of operation Thank you for your time and consideration, Jack & Gwen Coen 253-833-4739 ®Q-II�IT a{- City of Auburn Planning, Building, and Community Department April 26, 2008 Dear Karen Scharer: In regards to: Special Home Occupation Permit Application MIS 08-0010 As residential homeowners of 2300 H Street S. E. in Auburn we are against the proposal for the home occupation permit submitted March 18, 2008 by NW Landscape by Design, LLC located at 809 23`d Street S.E., in Auburn. The decision to purchase our own home on this particular street of this block was based on the quality of the quiet neighborhood. We have lived in our home for 48 years and prefer to live in a residential area without a business operating nearby. The decision would greatly impact our daily lives as our backyard is in such close proximity to the property requesting the permit. Please address the concerns listed below. Landscape design • What are the components? What are the parameters that landscape design encompass? Storage • Gasoline • Oil • Sod, gravel, dirt, clippings • Motorized gasoline powered equipment including mowers, blowers, trimmers • Landscape related supplies i.e.: pipe, wiring • Hazardous materials i.e.: pesticides, fertilizer, chemicals Disposal • Hazardous materials i.e.: gasoline, oil, chemicals • Clippings, branches, yard debris • Other landscape related debris i.e.: trash, animal feces Maintenance • Gasoline powered garden equipment • Vehicles i.e.: ride on equipment, business vehicles • Engine/equipment noise Other concerns • Parking i.e.: owner truck/trailer • Emergency vehicle access • Hours of operation Thank you for your time and consideration, Jack & Gwen Coen 253-833-4739 EXHIBIT q z --�• V f 7 PUBLIC HEARING: NOTICE OF APPLICATION and PUBLIC HEARING MAY 21, 2008 at 5:30 pm COUNCIL CHAMBERS, AUBURN CITY HALL APPLICATION REQUESTED: Special Home Occupation Permit APPLICATION NUMBER & NAME: MIS 08-0010 / Northwest Landscape by Design, LLC PROPONENT: Nataliya I. Worthington, NW Landscape by Design, LLC 809 23`d St, SE, Auburn, WA 98002 PROPERTY LOCATION: The property is located on the north side of 23`d St. SE at 809 23`d St. SE. The site is within the northeast quarter of Section 19, Township 21 North, Range 5 East, W.M. King County, Washington. Assessors Parcel Number: #1388600070. DESCRIPTION OF PROPOSAL: The home occupation includes: landscape design, installation, and maintenance. Proposed is storage and transport of home/personal garden tools to be used at job sites; and use of the owner's truck and utility trailer for the business. Up to four non-resident employees will drive directly to job sites or other meeting location. The applicant agrees that these employees will not meet at the home, nor park vehicles at or near the home on public streets. AUBURN PB&C CONTACT: Karen Scharer, Senior Planner kscharer@auburnwa.gov 253-804-3111 APPLICATION FILED: March 18, 2008 COMPLETE APPLICATION: April 7, 2008 NOTICE OF APPLICATION: April 19, 2008 STUDIES SUBMITTED WITH APPLICATON: None. OTHER PERMITS AND PLANS WHICH MAY BE REQUIRED: N/A STATEMENT OF CONSISTENCY AND LIST OF APPLICABLE DEVELOPMENT REGULATIONS: This project is subject to and shall be consistent with the City of Auburn Zoning Code, Surface and Stormwater Management Ordinance, International Building Code and International Fire Code. All persons may comment on this application either in writing to the address below or by submitting written or oral testimony during the public hearing. Any person wishing to become a party of record and receive future notices, copies of the PB&C report with recommendation (one week prior to hearing), Hearing Examiner decision or any appeal decision must notify PB&C by providing their name, mailing address and reference the application number — MIS 08-0010_ City of Auburn Planning, Building and Community Department 25 West Main Street Auburn, WA. 98001- 4998 253-931-3090 EXHIBIT x..30. 7 MIS08-0010 April 7, 2008 Page 1 ATTACHMENT to COMPLETE LETTER If my understanding of your application is inaccurate, please notify me by April 18, 2008 ACC 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: 1. Building and construction contractor services, to include landscaping services (unless the home occupation is solely used for office purposes); 6. Home occupations that can only meet 11 or 12 of the 13 requirements as outlined in ACC 18.60.020(A) through (M). Current understanding after a phone call with Robert on 41212008: The business/home occupation includes: landscape design, installation, and maintenance. Proposed is storage and transport of home/personal garden tools to be used at job sites; and use of the owner's truck and utility trailer at job sites. Up to. foura-non resident employees will drive directly to job sites or other meeting location and they will not meet at the home, nor park vehicles at or near the home on public streets. ACC 18.60.020 Requirements. Home occupations are required to have a business license as issued by the city, comply with all city codes and ordinances, and shall be consistent with the following provisions: A. Only members of the immediate family residing on the premises and no more than one non-resident ,-,,- nay be employed at any one time; provided, that home occupations with a nonresident employee shall provide off-street parking for the employee on site; The application for license states that two other family members residing on the property will be involved with the business. Your March 17, 2008 letter received with application for Special Home Occupation Permit requests that you wish to be able to employ more than one non-resident may be employed at any one time, however you did not clarify the number of employees you will or hope to employ. Subsequently in your 4/1/2008 e-mail you state that: 4. All employees would arrive at the job site, or at a park and ride for commuting. It will be our strict guide that no vehicles shall be parked from our employees on the public streets as well as in ,our c(ny„.pway dw g, iz.nofmiobus 4,s times. 10. Our company equipment will consist of a 1 ton truck, the trailer you seen and the hand tools in the garage. Nothing more then that will be at our homegpless first agreed o ¢y the city and,our ... company or if we move to a new commercial location (whicis our 2 year goal). errs"company will not be a pent. solution. Just enough to get our accounts up and a profit to buy or lease a Aubum Commercial property. Current understanding after a phone call with Robert on 412/2008: • The business would be starting with two other family members living in the home employed as part of the business, • Outside the home no more than two employees and growing to four employees being employed. • Non-resident employees would not meet at the home, would not park at the home, nor park on nearby streets to carpool to and from job sites. • Non-resident employees would drive directly to job sites, or meet at a Park & Pool Lot. C�yyd�,,I G1fllL,.y , MIS08-0010 April 7, 2008 Page 2 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); Only hand tools, wheel barrow and lawn mower will be stored on the property. Large tools and/or other motorized tools are rented and are taken directly to the job site. Current understanding based on your 4/1/2008 e-mail where you stated: 1. All hand tools, wheel barrows an supplies would be kept in the garage for the company. This way we keep our company items away from our home improvement items. 5. All small power equipment (skid steer for example) would be delivered and picked up to the job site location. Nothing would be brought to the residence. C. Not more than one-fourth of the floor area of any building is devoted to such occupation, except for bed and breakfasts; Current understanding after a phone call with Robert on 4/2/2008: Your application for business license reflects a total of 370 s.f. for business use. This includes 120 office and 250 garage/storage area. Storage of trailer is shown as inside the garage on plan which eliminates 1 of the 3 garage spaces. The reference of an 8x10' shed in an earlier e-mail to staff is no longer planned for -the site. D. That such occupation shall not require internal or external alteration or involve construction features not customarily found in a dwelling; Current understanding after a phone call with Robert on 4/2/2008: No alterations are proposed. All storage enclosed. The reference of an 8x10' shed in an earlier e- mail to staff is no longer planned for the site. 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; 18.04.245 Commercial vehicle. For the purposes hereof, "commercial vehicle" means semi -truck tractors and/or semi -trailers (over 26,001 pounds gross vehicle weight rating) used in any commercial enterprise. Current understanding after a phone call with Robert on 4/212008: A pickup truck which does not meet the commercial definition and utility trailer common for use on residential property is owned and is located on the property. The trailer will be mostly housed in the garage, but will be in the driveway at times as well. The truck is more likely to be outside in front of the garage. No commercial rigs will be brought to the residence. Deliveries will be made to job sites. 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; The house is a four bedroom home which requires two parking spaces per ACC 18.52.020 A.1. There is an existing three car garage which is shown on the plan submitted to house two vehicles and the utility trailer. When staff visited the site, the trailer and truck were both parked on that portion of the driveway in the front setback, neither blocked the panhandle access. Your 4/1/2008 e-mail stated: l"JIL, q s a MIS08-0010 April 7, 2008 Page 3 2.Our trailer would b kept in the location that it is at, but closer to the hedge. 3. Our truck would be kept near the trailer at an angle to give more space, or inside the third garage (trailer or truck in the third garage though. Current understanding after a phone call with Robert on 412/2008: The trailer will be mostly housed in the garage, but will be in the driveway at times as well. The truck is more likely to be outside in front of the garage. No additional parking is needed. No employees will be visiting the home. 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; Initially your plan included a business sign, but a sign location was not specified. Current understanding after a phone call with Robert on 412/2008: The plan for a sign has been eliminated. No sign is proposed. H. No display pertaining to the occupation, other than the one permitted sign, is visible from the street or adjacent residences; Current understanding based on your application: No display is proposed or is existing No more animals are maintained on the premises than what may otherwise be permitted in the zone; N/A 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; The application references that there will be no loading or unloading between 8 PM to 8 AM. Current understanding after a phone call with Robert on 41212008: There will be no loading or unloading between 6 PM to 8 AM. The applicant will meet customers at their property, not at his home. 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; Current understanding based on your 4/1/2008 e-mail where you stated: 4. All employees would arrive at the job site, or at a park and ride for commuting. It will be our strict guide that no vehicles shall be parked from our employees on the public streets as well as in our driveway during the normal business operating times. 6. All deliveries would be brought to the job site and not to the residence. No pallets of items left at the home unless it is for home improvements. These items are to be left in the yard and behind the fence so that they will not offend anyone. 9. No commercial rigs will be brought to the residence (our company will not have them). EXHIBIT q & ,� T MIS08-0010 April 7, 2008 Page 4 L. Outdoor storage of materials, goods, products or equipment is not allowed; Current understanding after a phone call with Robert on 4/2/2008: A pickup truck and utility trailer common for use on residential property is owned and is located on the property. The trailer will be mostly housed in the garage, but will be in the driveway at times as well. The truck is more likely to be outside in front of the garage. All garden tools will be housed in the garage. 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. No changes are proposed. Current understanding based on your 4/1/2008 e-mail where you stated: 8,: All equipment will remain inspected and maintained to make sure that no noise of oil issues are at the house. EXHIBIT 7 of City of Auburn Planning, Building. and Community Department Regarding the letter dated: April 26, 2008, In regards to: Special Home Occupation Permit Application N41Q nR_nn 10 Dear Karen Scharer and Mr. and Mrs. Millard: As we have stated in our original application, our business will be ran so that it does not impact the appearance of the residential homeowners of 23`d Street S. E. in Auburn. This is one of the reasons that we will not be posting any company signs on our property aside from our truck and trailer. Even though a lot of the following questions where addressed in the original application to the city and the city is aware of them, for the good of the community, I am willing to take the time to address them for the concerns of Mr. and Mrs. Millard. Both the Millard family, and our own share the same decision to purchase our own home on this particular street as we do enjoy the quality of the quiet neighborhood and the proximity of the schools in the area as well as the fact that all convenience of stores are near by. We have a child that we care for very dearly and as well prefer to live in a residential area where she can enjoy the environment of all neighborhood children. As for the opening of a business, I disagree that the business operations would impact our neighbor's daily lives. Landscape design • What are the components? What are the parameters that landscape design encompass'? r Landscape design is an in office use only. The clients never appear at the company (i.e. 809 2-) St se). Instead, we hold all meetings at the clients residence. Storage • Gasoline, Oil, Motorized gasoline power equipment including mowers, blowers, trimmers, Landscape Supplies Hazardous materials i.e.: pesticides, fertilizer, chemicals: i Gas and oil is kept at a minimal amount of up to, but not exceeding 5 gallons of gas and 1 case of oil. Power equipment is stored as addressed in our application in. a proper and out of sight storage area. As for Hazardous materials (herbicides, pesticides and fertilizers) these items are not stored on our residence. All Landscape Supplies are kept at the installation sight. If any and supplies are located at our residence are for our use on our private residence use only. • Sod, gravel, dirt, clippings `v All debris is to be disposed of before the truck comes back to our residence. Disposal • Hazardous materials i.e.: gasoline, oil, chemicals y There is no disposal of any of these hazard Materials on our site as there is nothing that is to or will be disposed of. • Clippings, branches, yard debris, Other landscape related debris i.e.: trash, animal feces ➢ . Aside from our residence maintenance, all debris is to be disposed of before the truck comes back to our residence. EXHIBIT ±FL) i �-:1, f--ir Maintenance • Gasoline powered garden equipment, Vehicles i_e.: ride on equipment, business vehicles r As we specified above, all maintenance types of equipment used are stored per our application. See. above regarding our Vehicle • Engine/equipment noise . Our equipment noise consists of us starting up our truck so that we can drive off to work tike every working person does in the community. Other concerns • Parking i.e.: owner truck/trailer 11 Per technical specifications, our ruck is not a commercial vehicle. The parking of our 1 ton truck and trailer (as per the application) would be behind the Thuja's where it is not in public eye sight and is not obstruction the need for emergency vehicles to enter or exit the residence. Again to keep the residence in appearance only. Aside from social gatherings (Bac-B-Que), all employees do not show up at our residence. • Emergency vehicle access y Our fink would stand behind the Federal. State and City codes regarding the allowance and access of emergency Vehicles to and from our premises. • Hours of operation i- As per the City Codes. Company Operations would only exist during the hours of g am to 6 pm Monday through Friday I hope that we have answered the concerns of the Millard family. Other Concerns brought to our attention: • Growing of plants for company use: r We grow our plants for our personal use and eniovment. None of the plants are grown for company use. We take pride in the appearance of our property. Robert & Nataliya Worthington, NW Landscape by Design, LLC EIw,IiI/--f3 Per my e-mail to you on Thursday, the plans were forwarded to Chuck. Please coordinate with him on the Jiffy Lube job. He is also more familiar with the City's procedures, policies and potential for fines as part of code enforcement. Provided that there are NO associated operations for installation out of your home, such as the transport of landscape tools then the Jiffy Lube job will be considered a totally separate action from your request for the Special Exception. The examiner will issue a decision regarding the Special Exception for the Landscape installation business w/some storage of equipment at the home and to have more than one outside employee as part of the business. The examiner's decision is final unless appealed within the 10 appeal period. Karen/. Scharer, Senior Planner PB&C, City ol'Au%urn Phone: 253-804-3111 kscharerLa, auburnwa. -ov From: customerservice@welove2landscape.com [mailto:customerservice@welove2landscape.com] Sent: Monday, May 05, 2008 10:01 AM To: Terri Badgley Cc: Karen Scharer Subject: Plans are approved and almost a go Good Morning Terri, It is my understanding that Chuck Joiner has approved all the plans per code enforcement. I am currently pending a business license for my home occupied business. We are currently awaiting word from Karen that there might be a possibility that my firm can install the landscape for Jiffy Lube prior to my open hearing date of 5/21/08. Unless our company does have a form of approval in writing by the City of Auburn, our company does not feel comfortable doing the installation unless we do have approval so that our firm will not face any fines or such. So, we are at an in -pass. one way would be for written approval from the city for this one project free of fines The other would be to postpone the landscaping of Jiffy Lube until the hearing is complete and we are approved for the in home business. Please advise me on which route the city will be authorizing on this project. Also, when can I pick up the stamped approved copy of the plan from the city? Thank you for your business, Robert Worthington - CLD, CLP, CLT -E & Nataliya Worthington - BA, MBA NW Landscape By Design, LLC FIBiT c 253-217-3270 253-217-3015 6 cn AE, 11 f 77rl� AE, \«> w� � � � � > < \ � � � ? : \. y � �� � - � � / � � � < ���}��� ^�\ �� \� d� � �� \±x?< � � � � � � � � \� . � � � � ? �� \\- : � §� � � /� y� . � \� � « . � � � � � /\ � � \ � � � � . � � � §� � � �� � � v . City of :Auburn Planning,. 13ui1<lin�_=, and Community Department April 26. 2008 Dear Karen Scharer: In regards to: Special Home Occupation Permit Application MIS N-001.0 As residential homeowners of 801 23`d Street S. E. in Auburn we are against the proposal for the home occupation permit submitted March 18, 2008 by NW Landscape by Design, LLC located at 809 23`d Street S.E., in Auburn. The decision to purchase our own home on this particular street of this block was based on the quality of the quiet neighborhood and the proximity of the schools in the area. We have three children and prefer to live in a residential area without a business operating next door. The decision would greatly impact our daily lives as our windows on the east and north side face the property and our backyard is adjacent to the property requesting the permit. Please address the concerns listed below. Landscape design • What are the components? What are the parameters that landscape design encompass? Storage • Gasoline • Oil • Sod, gravel, dirt, clippings • Motorized gasoline powered equipment including mowers, blowers, trimmers • Landscape related supplies i.e.: pipe, wiring • Hazardous materials i.e.: pesticides, fertilizer, chemicals Disposal • Hazardous materials i.e.: gasoline, oil, chemicals • Clippings, branches, yard debris • Other landscape related debris i.e.: trash, animal feces Maintenance • Gasoline powered garden equipment • Vehicles i.e.: ride on equipment, business vehicles • Engine/equipment noise Other concerns • Parking i.e.: owner truck/trailer • Emergency vehicle access • Hours of operation Thank you for your time and consideration, Dennis & Teresa Millard 253-887-1287 Dennis & Teresa Millard 801 23`d Street S. E. Auburn, WA 98032 z- a EXHF t 00 MIS08-0010 5/21/2008 REVISED CITY STAFF RECOMMENDATION: Upon review of the request and code criteria contained in ACC 18.60 for granting of a Special Home Occupation Permit, staff recommends APPROVAL subject to the following conditions: REVISED CONDITION 1, Paragraph 1: 1. The applicant must obtain approval of the neighboring property owner for a reciprocal ingress and egress access agreement for the improved 20 -foot wide driveway. The agreement must also address driveway maintenance (10 feet improved on each property) and liability. The agreement shall be reviewed by the Planning, Building and Community Department and be in a form found acceptable by the City. This approved agreement shall be recorded. Alternatively, should the applicant demonstrate to the City that a good faith effort was made to secure the easement and maintenance agreement, and further that the neighbor is unwilling to come to a reasonable agreement, then the applicant shall have the ability to upgrade the 10 -foot wide improved driveway to a minimum of 11 -feet (the current standard for a panhandle driveway serving one home). 2. The applicant must first obtain a business license specific to the conduct of a landscape maintenance and installation business as required by the City. Issuance of a license is dependent on compliance with Condition No. 1. 3. The applicant shall operate the Special Home Occupation Permit as detailed in the PB&C staff report and agreed to by the application. 4. Building expansion, or a new storage shed is not allowed under this approval. 5.. The applicant must satisfy Conditions 1 and 2 above within two years from the date of approval of this special home occupancy permit. If conditions are not satisfied within this time frame, this special. home occupation shall be deemed null and void. The existing "office only" business may continue as a permitted use, provided the "office only" business remains licensed. EXHIBIT _ I We found we did not at the time have the funds to lease a commercial zoned building. After a family meeting and some city reviewing, we selected to make the choice that so many successful firms have done. Some firms are known as Microsoft, Physician Microsystems. High Ridge Landscaping and may more. They started off small and as an out of house business. This is where we are today. After pouring over $350.00 additional funds into completing the requirements by the City of Auburn (not to mention the thousands of dollars that we spend to get the company up to full legal terms), we now wish to just have the chance to do as we dreamed of. To Design and install landscapes out of my house. There would be a minimal amount of maintenance and when the firm does grow big enough, we plan to move the firm from our house to a proper commercial lot. But as you know, a dream starts with a simple step forward. We just ask that the neighborhood try to be understanding with this step forward and in return, we will try to make it appear as if a firm does not reside there. As stated before, our employees are instructed not to appear at our house and since we do both Design and installation's, our customers always meet us at their location. They will not show up at our residence, Our vehicle and trailer (Show Photo) comprises on a none commercial grade and will stay hidden from view, No storage shed will be built for company use, all equipment will be stored as agreed and noise will be kept to a minimal. ExHisir� #3, once approved through this hearing, we would operate under the special home occupancy permit and follow all protocol specified in this packet. #4, we agree and will comply with not building and new storage shed for the sole purpose of the company operations. We hold our rights as residences of this city to be able to use a shed for our own personal tools and equipment, as every other residence within the city limits has the right to. EXHIBIT Return Address: City of Auburn City Clerk 25 West Main Auburn, WA 98001 Above this line reserved for recording information. RECIPROCAL ACCESS AND STORMWATER EASEMENT AND MAINTENANCE AGREEMENT FAC Reference # (if applicable): N/A Grantor/Borrower: XXX Grantee/Assignee: XXX Beneficiary: City of Auburn Legal Description/STR: XXX Assessor's Tax Parcel ID#: XXX THIS AGREEMENT, made and entered into this XXX day of XXX , 2004, by and between owner of Parcel 1 and his/her/their heirs, successors and assigns, and , owner of Parcel 2 and his/her/their/its heirs, successors and assigns. Hereinafter referred to as the Owner l and Owner 2 respectively. RECITALS A. Owner I is the owner of real property located in Pierce County, Washington, which is described more particularly in Exhibit 1 hereto, hereinafter referred to as Parcel 1. B. Owner- 2 is the owner of real property adjacent to the Parcel 1 which is described more particularly in Exhibit 2 hereto, hereinafter referred to as Parcel 2. Parcel 1 and Parcel 2 are referred to collectively as the "Entire Property." C. The parties which to grant each other certain easements affecting portions of Parcel 1 and Parcel 2 and wish to reflect those easements in writing. Reciprocal Access anti Stonnwater Agreement Page i of 10 MWMAM NOW, THEREFORE, the parties covenant and agree as follows: 1. STORMWATER EASEMENTS (a) Owner 1 grants to Owner 2 and its successors and assigns in title or interest to all or any portion of Parcel 2 an easement to connect to and use the stortnwater piping which is constructed under Parcel 1 and the right to discharge stormwater from the stormwater pipes located under Parcel 2 through the stortnwater pipes located under Parcel 1 into the stonnwater detention pond (the "Pond") constructed on Parcel 1. (b) Owner 2 grants to Owner I and its successors and assigns in title or interest to all or any portion of Parcel I into the catch basin which sits on the property line between the 2 parcels. 2. RECIPROCAL EASEMENTS (a) Owner 1 hereby grants to Owner 2 and its successors and assigns in title or interest to all or any portion of Parcel 2 a non-exclusive easement for vehicular and pedestrian ingress, egress and access to and from (Location_) over and upon the paved entryway portion Parcel I which lies immediately adjacent to Parcel 2, other than that portion thereof designated for parking (the "Owner I Parcel Access Easement Area"). (b) Owner 2 hereby grants to Owner 1 and its successors and assigns in title or interest to all or any portion of Parcel 1 a non-exclusive easement for vehicular and pedestrian ingress, egress and access to and from (Location) over and upon the paved entryway portion Parcel 2 which lies irrunediately adjacent to Parcel 1, other than that portion thereof designated for parking (the "Owner 2 Parcel Access Easement Area"). (c) The provisions hereof are binding upon and run with the parcels identified herein. The easements granted hereby are granted for the use of the parties hereto (as long as they hold an interest in any portion of the Entire Property) and their respective successors, assigns, and the tenants, employees, agents, contractors, subtenants, licensees, concessionaires, customers and business invitees of each of them. 3. MAINTENANCE (a) Owner 1 and Owner 2 shall each be solely responsible for maintaining the Access Easement Area on its parcel in good order, repair and condition and in accordance with the requirements of applicable law, including replacing the pavement thereon when needed, at its sole cost and expense. (b) Owner 1 shall maintain the Pond and the stonnwater piping on the Entire Property that connects to the Pond in good order, repair and condition and in accordance with the requirements of applicable. law, including replacement when needed Owner 2 shall reimburse Owner 1 for fifty percent (50%) of the cost incurred by Owner 1 in maintaining, repairing and replacing the Pond and piping, together with a fee equal to ten percent (10%) thereof, within ten (10) days after Owner 2's Reciprocal Access and Stonmvater Agreement Page 2 of 10 receipt of each invoice therefor reflecting the expenditure and Owner 2's share thereof. Any amount not paid when due shall bear interest at the rate of twelve percent (12%) per annum from the due date therefor. 4. LBUTATION AND COVENANT (a) Owner 1 and Owner 2 each represent, warrant and covenant that at no time will any stormwater discharge from its parcel into the Pond contain any Hazardous Material, as defined in paragraph 4(b), in violation of applicable law. (b) "Hazardous Material" shall mean any matter (whether gaseous, liquid or solid) which is or may be harmful to persons or property, including but not limited to materials now or hereafter designated as hazardous or toxic waste or substance under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 USC 9601, et seq., or as a Hazardous Substance, Hazardous Household Substance, Moderate Risk Waste or Hazardous Waste under the Hazardous Waste Management Act, RCW Chapter 70.105, or as a hazardous substance under the Model Toxics Control Act, RCW Chapter 70.105D, all as now or hereafter amended, or which may now or hereafter be regulated under any other federal, state or local law, statute, ordinance or regulation pertaining to health, industrial hygiene or the environment, including, without limitation, (i) any asbestos and/or asbestos containing materials (collectively "ACM's") regardless of whether such ACM's are in a friable or non -friable state, or (ii) any matter designated as a hazardous substance pursuant to Section 311 of the Federal Water Pollution Control Act (33 USC 1317), or (iii) any matter defined as hazardous waste pursuant to Section 1004 of the Federal Resource Conservation and Recovery Act (42 USC 6901 et seg.), pertaining to health or the environment. 5. INDEMNITY, INSURANCE. The owner or owners of each parcel shall indemnify and defend the owner or owners of the other parcel against, and hold the other harmless from and against, all claims, demands, liabilities, costs and expenses (including reasonable attorneys' fees) suffered by or claimed against the others as the result of or caused by a claim asserted by any third party for damage or injury suffered on the indemnifying party's Parcel Access Easement Area or from the breach of the indemnifying party's obligations under this Agreement, to the extent that any such claim or demand is not due to the negligence or misconduct attributable to the owner(s) of the other parcel. When a claim or demand results from negligence or misconduct attributable to the owners of both parcels, each party will be responsible for the claim or demand in proportion to its allocable share of such joint negligence or misconduct. Each party shall carry commercial general liability insurance on its parcel with combined minimum limits of not less than Two Million Dollars ($2,000,0000) per occurrence for property damage and bodily injury. Such policy shall name the owners of the other parcel as additional insured and shall not be cancelable without at least ten (10) days' prior written notice to the other parcel owners. 6. LIMITATION. Nothing contained in this document shall limit the rights of Owner I or Owner 2 to construct, reconstruct,. alter, remove or relocate buildings, improvements, landscaping or other features on the non -Access Easement Areas of its parcel. Reciprocal Access and Stotmwater Agreement Page 3 of 10 Robert's hearing statement. 4 . Good Evening Examiner Ctj l� , Members of the City Staff and the Community of the City of Auburn, My Wife, Nataliya Worthington, holds a Master's and a Bachelors degree in both the English and German languages as well as the teaching of both. I graduated from Clover Park Technical College in 2006 with a Degree in Landscape Management. After College, I enrolled and passed examinations to earn myself a Certification as a Landscape Technician, Certification as a Landscape Designer, Certification as a Landscape Professional, and Certification as a Level I Retaining wall installer. I completed the Washington Environmental Training Center's Backflow Assembly Tester Program, The CPTC's Certified Professional Horticulturist training program, the Renton Technical Colleges AutoCAD program, as well as the CPTC's Integrated Pest Management Program. My wife and I started to scrimp and save money to attempt to open A business. A Landscape Design and Installation firm with a small Maintenance program for additional support. But after pouring most of the saved funds into making sure we first had our state business license, gaining both our bonding and insurance to become a registered contractor by the state, Opening an Unemployment insurance account, registering with the IRS as a business and Opening up an account with L&I for employees. Community concerns already presented (if the city did not speak of them) As for the two written (99% identical) concerned letters from the Millard and the Coen's. I wish to address their concerns and any other concerns that the members of our community have. Landscape design • What are the components.' What are the parameters that landscape design encompass? Storage I • Gasoline, Oil, Motorized gasoline power equipment including mowers, blowers, trinuilers, z Landscape Supplies Hazardous materials i.e-: pesticides, fertilizer, chemicals: W- o • Sod, gravel, dirt, clippings Disposal • Hazardous materials i.e.: gasoline, oil, chemicals or -�N k' dispo-.C�d nt • Clippings, branches, yard debris, Other landscape related debris i.e.: trash, animal feces fic'r, all debr's U- 0' A, posed oFbefbre the irudk Is o Maintenance 0 Gasoline powered garden equipment, Vehicles i.e.: ride on equipment, business vehicles a Cit fynkn� t-ap vne-y usod ar(: stored per our II l - �" , I -- - po 1 i C a i C, V iA, i c i e. E, d' 1 -1t a>-0 t o , I q ffy 1 1 1. k b vi ;H! Orn0--ry ',ir-�i0cfe and OL- r traiiei- 0;I�qre 4jp Auburn by kv �S o! I • Engine/equipment noise Other concerns 0 Parking i.e.: owner truck/trailer • Emergency vehicle access ow -s li, V * Hours of operation pnz 70� mda, iL, ough H, J -U I hope that we have answered the concerns of the Millard and the Coes family. Other Concerns brought to our attention: 11 Growing of plants for company use: Dlov,, oo,ij plarits 1�01 0,F ;'N,i-54):P'M� kl-S*nd 4Rjoyn--eni€. -None,- efdic piants are i,�ay t i s e, 'A`t ta U pride i; i tls a ofo�,Ir pro per�y- �K ;'-IDm. -� CLOVER PARK TECHNICAL COLLEGE LANDSCAPE MANAGEMENT March 11, 2008 To: Whom It May Concern From: Dan Roberts /Instructor Subject: Recommendation for Robert Worthington It is a pleasure to recommend Robert Worthington, graduate, CLT and Landscape Contractor. While he was in our program he maintained a high standard of excellence and professionalism in all of his training. As I mentioned he is a Certified Landscape Technician, which is part of a national standard for Landscapers. He is active and in good standing with the Washington Association of Landscape Professionals he enjoys designing, installing and maintaining landscapes as his specialty. He has completed a variety of projects that reflect his knowledge and skill in hardscape, irrigation and maintenance related to name a few areas. He has done a good job in project management, plans, take — offs, estimates, and scheduling. While enrolled he maintained a 4.0 GPA, and he has been continually been dependable, reliable and a good example. Thank You for this consideration, Dan Roberts/instructor Landscape Management �z� rc, � ,x�� ... ;' `.. z z2'b H ; 3` :s�- 'a" �*,��.� �� ! r ti r 2�s.•h ', '*x r *, `�� -'�� ' ay '. i � u-- ��-yV � ;.ry '� Ti ' y�^s'� +TEA •� r. qS � ,� "�} � 3gr ,_ - {� v rk Uu d BOUNDARY AGREEMENT This Boundary Agreement is made effective May 22, 2008, between Robert I Worthington and Natasha I. Worthington, husband and wife, owners of that certain real property identified as Parcel No. 1, described below, and Sergey Onitschenko and Tatyana Onitschenko, husband and wife, owners of that certain real property identified as Parcel No. 2, described below, for the purpose of confirming the boundary line that exists between their two respective parcels of real property. 1. Real Property Parcel Descriptions. Parcel No. 1 has a commonly used street address of 809 23`d Street S.E., Auburn, WA 98002, the legal description of which is Lot 7, of Carmen's First Addition, as per Plat recorded in Volume 144 of Plats, Pages 21 and 22, Records of King County Auditor; UNC Parcel No. 2 has a commonly used street address of 805 23`d Street, S.E., Auburn, WA 98002, the legal description of which is Lot 8, of Carmen's First Addition, as per Plat recorded in Volume 144 of Plats, Pages 21 and 22, Records of King County Auditor. 2. Boundary Line Location. Parcel No. 1 and Parcel No. 2 are adjacent to each other, and the boundary line that divides them extends from 23rd Street S.E. to the rear lot line of the each lot. Each lot is served by a pipe stem driveway, side by side, which driveways provide ingress and egress to the public street. The two driveways are paved with a blacktop surface. The boundary between the two parcels is clearly marked by a metal marker in the center of the pavement covering the entrances to the two pipe stem driveways and a boundary line fence exists between the back yards of the respective lots in line with that marker. Each set of owners has always known and recognized the existing boundary line between the properties just described. The parties agree that neither the owners of Parcel No. 1 nor the owners of Parcel No. 2 have at any time claimed, or intended to claim, a right of ingress and egress over the other owner's parcel. 3. No Reciprocal Easement Rights. The respective owners of Parcels 1 and 2 acknowledge and agree that each pipe stem driveway provides adequate access to and from the respective lot of which the pipe stem driveway is a part without the need for an easement over or the right to use any part of the adjacent pipe stem driveway serving the other lot. - IEXHHIBIT Boundary Agreement - 1 - Date Signed: May_, 2008 Owners of Parcel No. 1: Robert J. Worthington Natasha I. Worthington STATE OF WASHINGTON ) ) ss. COUNTY OF KING } On this day personally appeared before me and , husband and wife, to me known to be the individual or individuals described in and who executed the within and foregoing instrument, and acknowledged that they signed the same as their free and voluntary act and deed, for the uses and purposes therein mentioned. Given under my hand and official seal this day of , 200_. NOTARY PUBLIC in and for the State of Washington, Residing at: My commission expires: Place seal here Boundary Agreement - 2 - Date Signed: May , 2008 Owners of Parcel No. 2: Sergey Onitschenko Tatyana Onitschenko STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this day personally appeared before me and , husband and wife, to me known to be the individual or individuals described in and who executed the within and foregoing instrument, and acknowledged that they signed the same as their free and voluntary act and deed, for the uses and purposes therein mentioned. Given under my hand and official seal this day of 11200—. NOTARY PUBLIC in and for the State of Washington, Residing at: My commission expires: Place seal here