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HomeMy WebLinkAboutMIS10-0005 * * CITY OF_ . . G~ • ~ ;BU ' ~ AGENDA BILL APPROVAL FORM / WAShIINGTON Aqenda Subiect: Public Hearing Application No. MIS10-0005 Date: 4/13/2010 Department: Planning and Attachments: Please refer to Exhibit Budget Impact: NA Development List Administrative Recommertdation: Hearing Examiner to approve the Special Home Occupation based upon the Findings of Fact, and Conclusions and Conditions as outlined. Backaround Summarv: OWNER/APPLICANT: Denise Foster Scott (applicant), Davis and Lois Foster (owners) REQUEST: Special Home Occupation Permit to allow massage therapy as a home occupation in the R-20 (Residential 20 DU/Acre) zoning district LOCATION: 418 3rd St. NE Aubum, WA 98001 Parcel Number 2100200020 EXISTING ZONING: R-20 (Residential 20 DU/Acre) EXISTING LAND USE: A single family residence on 0.11 acres COMPREHENSIVE PLAN DESIGNATION: High Density Residential SEPA STATUS: Exempt Reviewed by Council & Committees: Reviewed by Departments & Divisions: ❑ Arts Commission COUNCIL COMMITTEES: Z Building ❑ M&O ❑ Airport ❑ Finance ❑ Cemetery ❑ Mayor n Hearing Examiner ❑ Municipal Serv. ❑ Finance ❑ Parks ❑ Human Services ❑ Planning 8 CD Z Fire 0 Planning ❑ Park Board ❑ Public Works ❑ Legal ❑ Police ❑ Planning Comm. ❑ Other Z Public Works ❑ Human Resources Action: CommitteeApproval: ❑Yes ❑No Council Approval: ❑Yes ❑No Call for Public Heanng Referred to Until Tabled Until Councilmember: Staff: Wa ner Meetin Date: A ril 21, 2010 Item Number: Exhibit 7 AUBURN * MORE THAN YOU IMAGINED Aqenda Subiect Public Hearing MIS10-0005 Date: • 4/13/2010 The Comprehensive Plan designation, zoning designation and land uses of the surrounding properties are: Comprehensive Zoning Land Use Plan Site High Density R-20 Residential 20 Single Family Home Residential dwellin units/acre North High Density R-20 Residential 20 Single Family Homes Residential dwellin units/acre South High Density R-20 Residential 20 Single Family Homes Residential dwellin units/acre East High Density R-20 Residential 20 Single Family Homes Residential dwelling units/acre Neighborhood Public Use I Institutional Church Auburn Hi h School West High Density R-20 Residential 20 94 unit Residential dwelling units/acre condominiums EXHIBIT LIST Exhibit 1 Staff Report Exhibit 2 Vicinity Map Exhibit 3 Application Exhibit 4 Notice of Application and Public Hearing Exhibit 5 Affdavit of Posting Exhibit 6 Affdavit of Mailing Exhibit 7 Confirmation of Publication of Legal Notice Exhibit 8 Photographs taken by staff Exhibit 9 Auburn Business License Application Exhibit 10 Correspondence FINDINGS OF FACT: 1. Dennis Foster Scott has applied for a Special Home Occupation Permit to operate a massage therapy business from her home at 418 3rd St. NE, within the R-20 (Residential 20 DU/Acre) zoning district. A business license application and home occupation application was submitted to the City of Auburn Planning and Development Department on October 22, 2009. The application for a Special Home Occupation permit was submitted on February 19, 2010. 2. The massage therapy business will include a home office and two rooms that will be used for massage therapy. The home is both owned and occupied by the applicanYs parents. A letter of authorization from applicanfs parents for the proposed business was submitted with the special home occupation permit application. According to King County Assessor's records, the home contains a total of 2,790 square feet of livable floor area. The home office and massage rooms will use less than one-forth of the floor area of the home. 3. The applicant, a licensed massage therapist, will provide deep tissue massage to treat injuries, tension, aches and pains, as well as improve other aspects of the human body. Due to the physical nature of the work, the applicant is only able to see a maximum of four (4) to five (5) clients per day. Page 2 of 5 ' Aqenda Subiect Public Hearing MIS10-0005 Date: 4/13/2010 4. The stated purpose of a home occupation under ACC 18.60.010 is to allow certain activities to be undertaken for gain or profit within a dwelling or a building accessory to a dwelling in any zone in which dwellings are present. The massage therapy practice is to take place within a single family dwelling located on residentially zoned land (R-20, Residential 20 dwelling units/acre): 5. The home based business may be allowed if a Special Home Occupation Permit is approved by the Hearing Examiner pursuant to Auburn City Code (ACC) Section 18.60.040 (A)() of the Zoning Ordinance which states: "18.60.040 Special home Occupation Permit. A. Special home occupation permits are required and must be granted by the Hearing Examiner for the following uses, even if the use meets all eleven (11) of the requirements of ACC 18060.020(A)-(K), but in no case shall any home occupation meeting less than nine (9) of the eleven (11) requirements: 2. Personal Service Shops The applicant will be providing a specialized personal service, massage therapy, out of her home. 6. Staff conducted a site visit on March 18, 2010 to verify the accuracy of the site plan. 7. The proposed development falis below the SEPA categorical exemption thresholds; therefore, a SEPA checklist and environmental determination are not required for the home occupation. 8. The public hearing notice was published on 3/25/10 in the Seattle Times at least 10 days prior to the hearing date as required by ACC 18.70.040. 9. The subject site was posted with a land use notice sign and notification of the public hearing sent to property owners within 300 feet of the property pursuant to ACC 14.07.040. 10. No comments were received by the City prior to the writing of this report. Any comments submitted after the publishing of this report will be presented at the hearing. 11. The case file (MIS10-0005) and its contents are hereby incorporated by reference. CONCLUSIONS: ACC Section 18.60.020 (A-M) provides criteria for home occupations: A. Only members of the immediate family residing on the premises and no more than one non- resident may be employed at any one time; provided, that home occupations with a nonresident employee shall provide off-street parking for the employee on site. The applicant, who resides on the premise, is the only employee. The applicanYs parents will also reside on the premise but are not involved in the home occupation. B. No mechanical equipment is used except such as is commonly or customarily used for domestic, household or personal purposes for a dwelling unit (or as deemed similar in terms of power, quantity, noise, emissions and type). The applicant states that no special mechanical equipment will be used in the operation of the business. Page 3 of 5 Aqenda Subiect Public Hearing MIS10-0005 Date: - 4/13/2010 C. Not more than one-fourth of the floor area of any building is devoted to such occupation, except for bed and breakfasts. According to the King County Assessor's records, the residence contains 2,790 square feet of floor area. The applicant states that the portion of the home used in conjunction with her business will not exceed one-forth of the home's total floor area. D. That such occupation shall not require internal or external alteretion or involve construction features not customarily found in a dwelling. The proposal was reviewed by the Building Department. Each room used in conjunction with the business will need to be inspected prior to the issuance of a business license to determine that adequate lighting, heating, and ventilating systems are installed and maintained. This inspection is required pursuant to Auburn City Code 520.170 Massage businesses, health salons and public bathhouses (3) Premises - Inspections. Should the Hearing Examiner approve the Special Home Occupation Permit, the Building Department will schedule this inspection. E. The home occupation shall not involve the use of personal commercial vehicles as defined in ACC 18.04.245 for the distribution of materials to or from the premises. Deliveries or pickups by commercial delivery services shall not apply toward this limitation provided such pickup or delivery does not exceed twice per day. The proposal does not include the use of commercial vehicles as defined in ACC 18.04.245. F. The conduct of any home occupation, including but not limited to the storage of goods and equipment, shall not reduce or render unusable areas provided for the required off-street parking. Additional parking is not allowed in order to conduct a home occupation, except what may be required through the issuance of a special home occupation permit pursuant to ACC 18.60.040. A site visit by planning staff was conducted on March 18, 2010 to verify existing site conditions, including parking. A gravel area directly off the rear alley provides off-site parking for the applicant and her parents. The site provides sufficient on-street parking for the proposed use. G. Only one sign is permitted, not to exceed 18 inches by 24 inches in area, nonilluminated, and attached to a building, except that home occupations in commercial or industrial zones may have signs consistent with the applicable zoning district. No signs are requested or present at the subject location. H. No display pertaining to the occupation, other than the one permitted sign, is visible from the street or adjacent residences. There are no displays pertaining to the occupation, not even a sign, is visible from the street or adjacent residences. The residence does not differ in appearance from the surrounding uses. 1. No more animals are maintained on the premises than what may otherwise be permitted in the zone. This criterion is not applicable. Page 4 of 5 ' Aqenda Subiect Public Hearing MIS10-0005 Date: 4/13/2010 J. Except for bed and breakfasts, employee and customer visits shall be limited to the following hours of operetion: 1. Employees from 8:00 a.m. to 6:00 p.m. Monday through Friday and from 9:00 a.m. to 6:00 p.m. on Saturdays; 2. Customers from 9:00 a.m. to 6:00 p.m. Monday through Saturday; 3. No employee or customer visits shall be permitted on Sundays or federal holidays. There are no outside employees proposed for this home business. The applicant intends to operate the business between the hours of 9am to 3pm, Monday through Friday. The business will not operate on the weekends. K. Traffic generated by the home occupation shall be limited to a maximum of eight (two-way) clienUdelivery-related trips per day for those home occupations that operate by appointment only and do not have overlapping client visits. All other home occupations shall be limited to five (two-way) clienUdelivery trips per day. The applicant states that client visits will be limited to 3 or 5 appointments per day with only one client at the site at any given time. There will be no drop-ins clients at this location. L. Outdoor storage of materials, goods, products or equipment is not allowed. The applicant indicates that there will be no outdoor storage of materials, good, products, or equipment with the home occupation. M. The home occupation is to be conducted in such a manner that the residence shall not differ from its residential character either by the use of colors, materials, construction, lighting, signs, or the emissions of sounds, noises, vibratians or odors or result in traffic impacts inconsistent with the character of the area in which the home occupation is located. The residence is not out of character with the residenlial neighborhood and the applicant has indicated that there are no plans to modify the residence. RECOMMENDATION Based upon the application and Findings of Fact and Conclusions of the staff report, Staff recommends that the requested Special Home Occupation be approved with the following condition of approval: 1. The granting of a Special Home Occupation Permit shall apply to the applicant only while the applicant resides at the property. 2. The business shall be inspected by the Building Department prior to the issuance of a business license to determine that adequate lighting, heating, and ventilating systems are installed and maintained 3. The massage therapisYs state license shall be posted in the room(s) where the massage is taking place. 4. The business shall be conducted on an appointment basis only, and limited to six appointments per day. Page 5 of 5 Exhibit 2 Vicinity fViap m t , A IT) i Y ' ~ ; x~1 ,~~"(1 ~~L ~ ~ ~,II., .~..j. J~~ ( p{f ~ t.. ,b s.r, i,~h , ~ ~ : ~ + , .~~F,t' ~ l , ~ • , : ' t ~ } ~ • - ♦ ~ ' t y f~ ;S ~ ~ ~w-~e Y. ~ • ++w~ . . . • , ~ ro ;t,;sr~ie - _ _ - = ~';~'w:;~ . ' _~el..~. , ~:ltt~''. I ',y+.r~:- w.I ~ )p~ r~.••' t - „i` ,;~j 1~ +~~y ~ •.rrr.ti~. ~t ~ ~ ~ 7c 70,. ~ I ~ ~ f~, Q ' ~ 1 , b ~ ~ ~ ~ ~ ~ . I t iy~ • t ~ ~'1 . . . Z fD . ,t 5 ~ ~ • ~ 't ~ ^ '}''`~j 5L 1 fi~l ~ril ~ ~ Yy. yy IA. ~ ~ jr ~ ~ M {fJ J~ l~ ~ t..! 1 1~ . I.=% V/ ~ 1q ; {i, ,q%S -t¢ O p ~ ~i •J ~~1: ! j~ , x , y~ ' ~f ~ ~ ~771, ~NFj. ~ , ' ~ ,.v . ~ ay~Y : ~ - . - !~,r ~a t~ 1{ fH' . 1 5. y 1 1 ~ ~1 1~~~ ~~1~~~1' S.~L ,'~r r. • ~ `~i ..~61 ~ . ~ l I • ~ . ~ ~ _ • 1 _I ) , i ` y ~ : ~i 1 . . ' . : ~~K.~F ~ ~ ~ , 'I f ~ S~ ~ . . ,;W ~F 3 ~~~r~ •.~~iifYl~'Y~~A-t .l":~. i r ~ , ~•_4~ ' , ' i'' r~. , . . . , ~ a;~s!► - ~ ..t _ -1 - . , 1~'~,. "+7!' ~ . ~ V Exhibit 3 Applicafion % CITYOP -.g-.-~:..` ~~~~RN - -r'. WASHINGTON. Pfp/1itlJtg, B[/llljllig, rrird Cofrrrnrinity Depnrtment 'MASTERLAND'USEAPPLICAT/ON='PLAIVNIIVGAPPLlCATIONS " i:~.r~:. • . ' ; ,i . r... ~ , . Project Name Y1C?_ Dnte C.1 Z'.CU ll - . _ . , . t. . . . i t~ . . . i , ParcelNo(s)SlteAddress , . i . ~ , ti .i_j~' „ . Legal Description (etteclicd sepnrnte shecf iPn,ecessary) r Applicant. . IVlailing Address: tAiQj ">',C` • ~ Telepfione and Faz: S 3-`l y°'~ -~C•,:-:1 S <<- )°2S y`t•1~-1- I e''l-) ' Email: ~`v.:~ C~!'. ~X'IyY~L~. V~{<'tC~'~~'-~•Cc~~-~-, . . ~ Si nahire:' Owner (if more than one'attach anotlier sheet) Natne: ~.•-e. ' A: l_o i.7 ~'oS 1' r • MailingAddress:4A~13'3`rC Telephone2ndFaic; 1•53-8~(-"ct7j Email: Si nature: ou Engineer/Architecture/Otlier ' ' . ~ Name:. . • . • Mailing Address; Telephone and Faa: EinaiL: . Description of P"roposed Action: T e of A>>lication Re ufred'. Checlc nil that A I Administra(ive Appeal# Rezone (site specific)* Area W ide Adininistiative Use Pe"rmit* Short Plaf Annexation* Special Exception* Boundary tiine Adjustment Special HomB,Occupatioii PBrmiC" Com~~rehensi`ve Plan Amendinent,(Text or Map)* Substantial Shoreline Development' Conditional Use Pennit* Surface Miniiig Perinit* Critical Areas,Variance" Temporary Use Permit Deyelopgignt Agreemenf* Variance* Envi'roiunental Review (SEPA)* *Please note.that publicnotification is Einal Plat reguired. A separate cost is charged ' Preliminary Plaf* for the signs. City • pares signs but . PUD $ite P1an.Approyal applicant responsi • ' Reasonable UseBxce "tion* 201Q! Page 1 of2 CIT'yOFq AUBURN * Polk . inY ur ` Ai:J.9-:U- - RN . ' - " \NASHIN6TQI'q y(1117111Ttfj, BHlillA7{~!lltd C'O)tll)11[711/~~nBl)(lPIA7L'ilI • LETTER FROM,PROPERTY OWNER.GRANTING.AUTHORIZATION;TO ACT (A copy of this.letter mustbe submitted for each property owner involGed) I, ~--O~S ~C • rc~>~~~C, being duly sworn declare that I am the owner of the properiy (PROPERTY OWNER): ' •~i-. Involved in the application: I hereby grant . , „ :t of SoV1n 0..,.~/ iA' I aU to act on my behalf. I further deciare that all. , statements, answers, and information herein submitted is in all respects true and correct to the' bestof my knowledge nd belief. ` 76?Z~ 2.1 Sign re Da e !!~1 Fl 3tod sf A/E . ' . i~~ yra lJJA~r Addres Subscribed and sworn to before me this ~ day of . Notary Pu61ic in a-id for tfie State of Washington, • ~ Residing `;.~~LL~,~;;r•}'~~1~~,~h : : _ r:'s>'.,0 A♦ /,~,~4 i, . , ' . ' rr r ✓ r'. , J . l t I . . .~i : ` . . ' , ' . op~ua~i,(:`~\C~;' ~ . . , . G:WPPLICATIONS_FORMS113Ianning Forms\CURERENT FormsUAaster Land Use Application.doc ' Page 2 of 2 ' AUBUkN*MUR'E I HAN Y(>U Ib1AGINLI) Special Home Occupation Permit Narrative To: The City of Auburn To Whom It May Concern, As per the special horne occupation permit, I am to detail my request for a permit. I am a licensed massage therapist wishing to operate a practice ouC of my fiome. My intention is only to work 3 days during the work week, appointment only during the hours of 9am to 3pm (wflile my children are at school.) I will not be working weekends due to my employment as an instructor at the Soma Institute, where classes are fleld during that time. Due to the physical nature of my work, I can only see a maximum of 4 clients per day. I feel a permit should be issued due to the impact of this business is minimal. There will be no additional construction to the exterior of the house or property, nor the interior of the house (unless otherwise requested by the City of Auburn.) Besides the occasional car, there will be no change in the dynamics of the neighborhood that would affect the puhlic or be injurious. The business will be quite and serene. Thank You, Denise Foster Scott LMP r.-V 18,60,020 Requirements. ituquiremCnts respCI,ded in red. Home occupations are required to have a business license as issued by the city, comply with all city codes and ordinances, and shall be consistent with the following provisions: A. Only members of the immediate family residing on the premises and no more than one non-resident rnay be employed at any one time; provided, that home occupations witti a nonresident employee shall provide off-street parking for the employee on site; This ho;ne is ownc.ci by wiy parents Dave and l.ois 1=oster, who live in tne horne with ilic. Tf7ey liave their own living quarters, separate entrance, and the hornc is like a duplex. They do not reside in the portion of the home where the business will be run. ~;rinting operation document has heen signed and norarir.ed. 4. No mechanical equipment is used except sucfi as is commonly or customarily used for domestic, household or personal purposes for a dwelling unit (or as deemed similar in terrns of power, quantity, noise, emissions and type);No mechanic~l eqWpmert `s rer,uired for thc i)usiness besides a wasl,er and c!rvcr. C. Not more than one-fourtfi of the floor area of any building is devoted to sucli occupation, except for bed and breakfasts; In compliance. D. That such occupation shall not require internal or external alteration or involve construction features not customarily found in a dwelling; No additional intcrnal or extcr nal construction is needed for tllc E. The home occupation shall not involve the use of personal commercial vehicles as defined in ACC 18.04.245 for the distribution of materials to or from the premises. Deliveries or pickups by commercial delivery services shall not apply toward this limitation provided such pickup or delivery does not exceed twice per day; I cio not hzive or need a commerci~ll vehicle. F. The conduct of any home occupation, including but not limited to the storage of goods and equipment, shall not reduce or render unusable areas provided for tiie required off-street parking. Additional parking is not allowed in order to conduct a home occupation, except what may be required through the issuance of a special home occupation permit pursuant to ACC 18.60.040; I will fiave 3 to S clients a day, no more than 1 client at a time. I want to use street parking for my clients. My operation '10urs plan to be 9AM-3PM, Monday through Friday, while my children are at school. I will not be working weekends due to another job I fiave over the weekends. G. Only one sign is permitted, not to exceed 18 inches by 24 inches in area, nonilluminated, and attached to a building, except that home occupations in commercial or industrial zones may have signs consistent with the applicable zoning district; I do no± have a sign, don't know if I will. If I do it will be in compliance of the 78 by 24 inch requirement. H. No display pertaining to the occupation, other than the one permitted sign, is visible from the street or adjacent residences; I nnt I,:,ve r1 i~:spl~~•{ ;~Ir")r 1:11:: j I. No more animals are maintained on the premises than what may otherwise be permitted in the zone; I!1 COIYIpiICIIIC('. J. Except for bed and breakfasts, employee and customer visits shall be limited to the foliowing hours of operation: 1. Empioyees from 8:00 a.m. to 6:00 p.m. Monday through Friday and from 9:00 a.m. to 6:00 p.m. on saturdays; Operiticnal hcurs M-1= JAM to 3PN1, No weel<ends. No c;~ip:oyec]s. 2. Customers from 9:00 a.m. to 6:00 p.rn. Monday through Saturday; 3. No employee or customer visits shall be permitted on Sundays or federal holidays; No prohlem. K. Traffic generated by the home occupation shall be limited to a maximum of eight (two-way) client/delivery-related trips per day for those home occupations that operate by appointment only and do not have overlapping client visits. All other home occupations shall be limited to five (two-way) client/delivery trips per day; Only 3-5 aE7pOIfl11T1c'nt orly clients a ciay, ene clierit z3t a time. No "droppinl; ;)y" clients. No reE;ular deliveries required for business operation. L. Outdoor storage of materials, goods, products or equipment is not allowed; No need for storagc. M. The home occupation is to be conducted in such a manner that the residence sfiall not differ from its residential character either by the use of colors, materials, construction, lighting, signs, or the ernissions of sounds, noises, vibrations or odors or result in traffic impacts inconsistent with the cfiaracter of the area in which the home occupation is (ocated. (Ord. 6141 § 1, 2007; Ord. 5897 § 21, 2005; Ord. 4229 § 2, 1987.) Stated beforc, I clon't plan on a sign. I feel I do not want peoplc driving hy and thinl<ing tliey will . C1'JIP.c. !11i:S``1c~;:!. llt'ITl(?'lt ("flly! M`J 11CCC35 t~) Ji? 0,,C'. r llij ~ r . - i - ~ - -17 ~ ~ i ~ _(D E W t%~ k` ~ _ - - . - - , {1-~-~- PQ' C) (-)0 e)C'.i.';~`'; ; f L.G~ ~ ~ o 1 ~ i - (`~f'J`•F'ri' ~ ~'~I ~ i \ i ~ aAa ~ ~ _~.A f e A L r f,~n;t>`~ f.i~ , , ! . / : . RECE11/ED! FEe CITY OF AUBURfV ~ - - .IUILDING C7IVISION ~ I ~ Exhibit 4 Notice of Application and Public Hearing * ' cirv uz BO P,eter,B Lewis,1Maypr WASH I NGTON 25,We"sf Mdln~Street * Aubuin;WA,98001-499_8 * www aubuinwa gov * 253 931 300q ' NOTICE OF APPLICATION & PUBL/C HEARING PUBLIC HEARING: APRIL 21, 2010 at 6:30 PM COUNCIL CHAMBERS, AUBURN CITY HALL APPLICATION REQUE$TED: SPECIAL HOME OGCUPATION PERMIT APPLICATION NUMBER & NAME: MIS10-0005 / Soma Vitality - Special Home Occupation APPLICANT: Denise Foster Scott 4183rdSt.NE Aubum; WA 98001 PROPERTY LOCATION: The site is located at 418 3rd St. NE. The site is within Section 18, Townsfiip 21 Nortfi, Range 5 East, W.M. King Gounfy, Washington. Parcel Number 2100200020 DESCRIPTION OF PROPOSAL: Application for a Special Home Occupation Permit to allow a massage therapy 6usiness as a horrie occupation in the R20 (Residential 20 DU/Acre) zoning district. Tfie business will employ one resident employee, a licensed massage therapist, who will; offer massage iherapy by appoinimen`t 'oniy and between, the hours of 9am to 3pm. The business will occupy no more than a one-four th of the floor area of: the fiome. AUBURN CONTACT: APPLICATION FILED: February 19; 2010 Stuart Vllagner, Plannec COMPLETE APPLICATION: March 11, 2010 swagner@auburnwa.goa NOTICE OF APPLICATION: March.25, 2010 253=804-5031 STUDIES SUBMITTED WITH APPLICATON: None OTHER PERMITSAND PLANS WHICH MAY BE REQUIRED: City of Auburn Business License STATEMENT OF CONSISTENCY AND LIST OF APPLICABLE DEVELOPMENT REGULATIONS: This p[oject is subject to and shall be consistenl wifli the City ofAubum Zoning Code, Surface.and Stormwater Management Ordinance; Street Standards, Intemational Building'Code and Intemational Fire Code, Foi citizens with speech, sight or hearing disabiliiies wishing to review documents peitaining to this hearing, sfiould contact the City of Auburn within 10 calendar days prior to. the meeting, as to the type of service or equipment needed: Each reguest will be considered individually according to the type of request, the ayailability of resources; and;the financial abiliiy of the.City to provide the requested services or equipment. You are.inVifed to ezpress comments up until and at;the public h"earing. Written comments may be submitted ta Sfuart Wagner; Planner, Department of Planning and. Development at tfie mailing address 28 West Main,, Aubum,, WA 98001-4998.and located at;.1 East Main Street, Auburn WA, 98001 or via email at swaqner an.auburnwa.qov: If-you have turfher comments or questions related'to this applica(iorr, you may call Stuart Wagner, Planner, at swaqneraauburnwa.gov orat 253,80475031. If you cali or write, plea"se reference the application num6er noted a6ove. AUBURN* N10RE TWA•N YO.U~'fN1AGINE6 Exhibit 5 Affidavit of Posting IVIbIL LJ IV IV.VLtl OIUW JWII LWVJJJVJJ FI.L r T . !fj CITYOF J ...r~` " • WASHINGTON % AFFIDAVIT OF POSTING YVOTICE OF APPLICATION and/or NOTICE OF HEARING App[ication No.:M1870-0005 Applicant: Denise Foster Scott Location of Posting - Board # 1: Required Date of Posting Notice on or before: 3/25/10 Date of Public Hearing (if applicabie): 4/21110 I certify tliat on D~~~o~51 Zo 16 I did erect the land use posting notice , board(s) at 1heJocation(s) above, which induded a N tice of Application, posted wiihin 14 days after fhe application was determined compfete (ACC 14.07.020) and posted a minimum of 15 days prior to a scheduled open heatirig per 14.07.030 (if applicable), And/Or; 'Notice of Public Heartng, posted a minimum of 10 days prior to a scheduled.open hearing ACC18.66:110 and ACG18.66.130. f declare under penalty of perjury of the laws of the Siate of Washington that the foregoing is true and correct, l:zo I~ Name (please print or type) Date SignUre NOTE: This aNdavit must be, refumod to the Planning, Building and Community pepartinenf within one week of the notrce date to assure this applioafion does nof continue on hold and 0 assure that a schedu)ed heanng /s not postponed ACC 1,27.070. Planning, Building 8 Communily. 25 West Main.Slreet, Auburn, WA 98001 (253) 931-3090 . vAvw.auburnwa.gov G;ISWafI`,PioJeUS'Q010IMI$10-0005 • So:na U(ality\"Posiing Atflcavit for NOA NOH Sy Applican _ASISIO_0005.doc 5111/]9 Exhibit 6 Affidayit of fViailing * cirYOF * ! ~ ~ ,~WASHINGI`ON AFFIDAVIT OF MAILING OF LEGAL NOTICE Application No.: MIS10-0005 Applicant: Soma Vitality Location: 418 3`d ST NE; Auburrr, WA 98002 Date of Public Hearing:, April`21, 2010 • • • I certify tfiat on March 25, 2010 I did send a Notice.of Application and Hearing for the above referenced.applicatiorr, as required by Auburn City Code 14.07.040 and 18.66,130, to all property owners located within 300 feet of, tlie affected site. Said Notice was mailed pre-paid stamped through the United States Postal Service at least 10 days prior to the public hearing date,noted above: I declare under penalty of perjury of the laws of the State of Washington that the foregoing is true and correct. ~ Darcie Hanson; Permits and Admini'stration Manager Exhibit 7 . Gonfirmation of Publication of Legal iVotice, ('/k"i 0,6qUBU. seattletBouuesecoeeu ~A~ `~r Zp~F~R F PO Box 70, Seattie, WA 98111 AUBURN CITY OF-FINANCE DEPT ATfN CITY CLERK 25 WEST MAIN AUBURN, WA 98001 Re: Adveriiser Account N30785204 Ad #:788184800 Affidavit of Publication 406906773 STATE OF WASHINGTON Counties.of King and Snohomish The undersigned, on oath states that he/she is an authorized representative of'The Seattle T(mes Company, publisher of The Seattle Times of general circulation published daily'in King and Snohomish Counties, State of Wasliingtorr, Tfie Seattle Times has been approved as a legal newspap'er by otders of the Superior Court of King and Snohomish Counties. The notice, in the exactform annezed, was published inlhe regular and entire issue of said paper or papers and , disUi6utetl to its subscribets du(ing all of tlie said period: e3+y .+~,~e%,~.~Newspaper~~., ~1~, f~ +r arr S i G"fPublication{Date~ i•a a~~( ttF :l. )..4'm~" } . , f . Y'1~ ~I ~:•4lae 1 [ y'`~ a'u ~~nnf ~JM1'~j~~ .i~:"1 ~H.~ ' ! Tfie Seattle Tlmes 03/25/10 Ageht DGbb1P, +Collclill;cq . Signaiure d and sworn to 6eforeme on 6" f DATE) sF.-cho 's % '%N';,~ z kNOlS4Fdy , TURE)' Nota ublic in and. r-t e State of Washington, residing at Seattle T E`~F . ~'t~ e ,~ea$tle ~imes seattle$B~anes.coue~ F9~ UB Re Advertiser Account.#30785204 Ad # 788184800 S0" ~C~• AfI TEXT:NOTICE OF APPLICATION ~ Z f 4, & PUBLIC HEARING:, StreatStentlarde,lnternallonel APRIL 21, 2010 et 5:30 PM, Buliding CoBa COUNCILCHAMBERS, ' endlnternetionalFlre Code. AUBURN CITV HALL APPLICATION REQUESTEO: Forcltlzenswilh apeech, slght Speciel Home Occupelion or heering Permit, APPLICA710N dlsebllitlea wlahing to revlew NUMBER & NAME: MI570-0005% documents - Some VIIaIIty- pertelning tolhis fieadng, Speciel Hame Occupatlon ahoutd conlecl the PROJECT PROPONENTi Clly of Autiurn wilhln 70 Oenlse Foster Scalt, tlba Soma. celender days pdor to Vllellty PROPERTYthe meeling, es to the type ol LOCATION:4183rtlS1.NE servieeor Auburn;WA9B007.T1ie equlpmentneetletl.Each sile Is wllhln Seclion 78, raquesl will6e, TOwnshlp 21 Norlh, " conafderetl Intlivldually Range 5 Eeal, W.M. King eccortling to tha rype ol County, Weshington. request, the aJellability of Percel Number 2100200020 rasourcee, entl the DESCRIPTION OF finenclel ebllity of the Clly to PROPOSAL: Applicetlon tor a provltle the Speciel Home raqueetad aervicea or Occupetlon Permit to allow e equlpmenl. mesaege therepy 6uelnesa es e home occupetlon You are Invited lo express in the R20- commente'up untll end (Residenllel 20 OUTACre) zaning et the public hearing. WdUen dlatQcR The cammants mey be ' buelneas wlll employ one sutimittetl to Stuert Wegner, resident employee, e" Plennar, OepertmanR . Ilcenaed measage Ihereplst, of Plenning antl oevelopmant et who wlll offer - the malling meaeage fherepy tiy addrese 25 Weat Mein, Autiurn, eppolntmenl only end be[ween WA 98001•4998 end the hours of 9am to 3pm. The locetetl el: 1 Eeet Main Streel, hueineea ivlll Auburn WA 98001 ' occupy no more then e one- or via emell et lourlh of the tloor swagnerGeubumwe.gov. If you erea of the home. APPLICA710N heve lurther commenis or FILEO: February questione releted to 19, 2010 COMPLETEthls eppllcelion, you mey ceil APPLICATION: Merch 11,2010 Stuert Wegner,NOTICE OF APPLICATION: Plenner et 253•804•5031. If you MarCh 25,-2010 CBII of Wdte, - - pleesa reference the eppllcetlon STUDIESSUBMITTEUWITH numbernoted APPLICATON: None OTHEp ebove. PEHMITS AND PL"ANS WHICH MAV BE REOUIHEO: City ol Clry ot Auburn Aubum Business LlcensePlenning antl Development STATEMENT OF CONSISTENCV DepertmeN 25 West Maln Streel AND LIST OF APPLICABLE Aubum;WA9B007-4998 DEVELOPMENT- 253-991-3090 . REGULATIONS: This projecl Is aubJact to end ahell be eonelstent wlth the CIry ol Aubum 2oning Code,. - . Surtece entl StotmwetBr Menege'ment Ordinence, Exhibit 8 Photographs Taken By SYaff MIS'IQ-0005 Photographs Taken by Staff - 4/5/10 i:. ~ . • _ r ; l~\~ . l - s, ~ ~•r ~ _ . r'.~yt~ r~' . . '1,. - - - - - ♦ ~ , r 1 - f.' " ~ 'Ui:r r--s- - ~ • " ~i - ~i = _ ~~t~.~ s ~ a011CE f FRO oSEDtOWcn » ~ ~ ^T + ~ t ,e I - ~ Imagc 1: Residence with Noticc Board , / ~N., ; _--'X ~ - t -~';f C+ ~fZr41 ~ f I 1' - = } ~ a Image 2: Front of Home 4/13/2010 ~ MIS10-0005 Photographs Taken by Staff - 415/10 J~•.".''~ ~~j~,{~.4,,,. • 'a r:'.•~ - . . . ' w' . _--._'f ~ r ~~'J'' _ ' ♦ M' ~1~ s; J ui~~l~~~• b~~~~ 5 y~.~": .~,J. I Image 3: On-street parking (view looking West) 4/13/2010 Exhibit 9 Auburn Business License Application License No.: ~6,41-1. K BUSINESS LICENSE FEE: $50.00 PLEASE RETURN TO: CITYOF `-r•AuburnPermitCenter All licenses expire June 30. Renewal nolices are mailed in o; ~ May. Business.licenses are not pro-rated and are non- 25 West Main Street WASHINGTON iran'sferable. If you disconUnue your business aqfivity in Aubum, WA 98001 Auburn, please nolify the Permi4Center at (253) 93773090. Phone: (253) 931:3090 Fax: 253 80q=3714 New Business: New Location: ❑ New Owner: ❑ Name.Chan e: 0 Oulside Cil CITY OF AUBURN ARPLICATION FOR BUSINESS LICENSE AuBum Ciry Code requires each business operating within the dry Ilmits to' obta(n a business license. Addiflona! Indlvlilualllcenses are required,for the followmg business activities: Ambulance Services; Amusemenl Device(s);;Aulo Races; Cabaret;. Camival, Circus, Show; Dance; Fire ExtiriguisheP Service; Fireworks Sland; Motor Vehicle Wreckers; Outdoor Musical Enterl2inmenq Pawnbrokers/Secondhand Dealers; Solicitor, Tow Truck and Tow Truck Driver. DOING BUSINESS AS 1 BIiILDINO OR PLAZA NAME: Naine: s Sult ~e # ~ Addres ~ City, State, Zip: lq,~la,irvX (.w W r1 bo) ' OPENING DAYOF BUSINESS: LOCAL BUSINES$ PWONE N0: a 53-q-709' ASAfO LICENSEE MAILING ADDRESS (IF DIFFERENT FROM BUSINESS ADDRESS) CORPORATE/BUSINESS PHONE: (All InformaHon related to this Ilceiise will be senfto tbis address) -t, Name`. `~SS (~('-1-70~(7 Ti)le: eusWESS FAX: Address, Suite M City, Stafe, Zfp: 0<-3 ` WEB SITE (i(applicable) _ -maU address' l:ut.i)W V V . COMPLETE THIS SECTION FOR MAJORITY OWNERS, AGENTS PARTNERS-0R CORPORATE OFFICERS 1) NA, ~1,,.(. TITLE %OWNED TRY~1.~s~ eSIYrOW IUJOfA/k0-MiZ /CJd . O-ME-KDDRES ; CITY/STATE/ P: HOMEPHONE:: . 11 rCl S.- ~ 4~b' i' w' 6 Z DA E OF B RTHt DRI R'S LICENSE EMERGENGY CON7ACT9 -7 ~ ❑ Yes ❑ No 2) NAME: 71TLE! % OWNED MOME ADDRESS: CITY/STATE/ZIP: HOME PHONE: DATE OF BIRTH: DRIVER'S LICENSE* EMERGENCY CONTACT? ❑_Yes ❑ No In ffie event of an Incldenf at yourbuslness, you are requlred to provlde an lndlvidual wtio can ga corifasted afal! ilmes: ,,Lq CALRESPONSIBLE CONTACT T,ITl.E: BUSINESS PHONE: ciSn.tC'Q Sco-~` .~--IUS~Itr.v,c HOMEADDR ES$' { TYSTATE/ZIP`. HOME/CEC PHONE: Wl d'~rd i' V "✓t c-etk/',?- °ZS3'a7-.sS3q DA7 OF BIRTH: DRIVER'S LICENSE #t EMERGENCY CONTACT7 ~a 2 i~~ Sco-r?-13~~ ~la P2- ~"es ❑ Na FOR OFFICE USE ONLY: Date received: PBor License # AUI3URN'k MORE THAN YOU IMAGINED BUSINESS INFORMATION: . FEDERAL TAX ID #:4~tJ WA STATE UBIITAX GONTRACTOR ID If appliceblo 3~k-69a3.3:6a': (A~a 3i~~i, ~'s3 NAICSCOdat(nofe:llyoution'lknowlhlsiodo,ifcanbeoAlalnedlromlhe _ - WesNinplonStafobopartmentolRevemie.afsnu~v.Aor.we.aov) ' LEOAC STATUS: oSole Proprletor ❑ Indivldual ❑ Cotporetlon ❑ LLC ❑ Partnersfilp ❑ Olher NUMBER OF EMPLOYEES LOCATED AT YOUR PLACE OF BUSINESS WITHIN THE CITY OF AUBURNi BUSINESS ACTIVITY Your business wiil engape In whicliof the followlnd actlvitieaT (check all that appl'y)i ❑ holesale ❑Retall ❑Service ❑Manufacturinq ❑Ffnancellnsurance ❑Government 13Educatlon •ealfh Care ❑7ranspoNafionlCommunlcatlonslUtllitles ❑Food Processiny ❑FOOd Service ❑ConstrucQon type Please descrlbe your liuslness acfivities In detalf; Ilat principal products sold, services_ provlded, elc): y- S' Gu.)tomws a da.. 3-S as a w eek, TEI,ECOMMUNICATIONS PROVIDER? ❑ Yes NNo; If yes, complete Telecommunications Form INDIVIDUAL LICENSE REQUIRED?V.] Yes ❑ No; If yes, complete appropriate Indivldual Licenae Applicatlon HOME OCCUPATION7 Yes ❑ No; If yes, complete Home Occtipation Form Is this a Non•ProfR Organlzatlon exempt Trom taxation under 28 USC 601(c)(3) or (4)1 Yes No If.yes, piease provicle a letter from lhe IRS stating the exemption.. BUSINESS LOCATION INEORMATION onl If Inside the cil Ilmlle Assessor's Parcei PropeHy OwnerlLeasMqAgenf, Nnme: Address. Building: ❑ SIiYgleTenant CitylStatelZip: ❑ Muiti Tenant Telephone: Susiness Sq. Ft.i Total Bulldiiige Storage/Warehouse; ma,+muenoimaioiaiewa.): Property Sq: Ft.; Are you making tenant Improvements7: ❑ Yes ED No Some Im rovements ma re ulre errrills, Please contact the Permlt Center for addltional informatlon : Are you.lhe first tenantat thls Iocation? ❑ Yes ❑ No If no, name of prevlous business at thla focation andlor t e of use this businesa is replaclny: ~Resldence ❑Retail ❑L( ht Industrial OWarehouse ❑ Other, describe S70RE HAZARDOUS MATERIALS7 Ll Yes,~%-2%o !f yes, cmnp/ete a Hazardous Materlals /nventory Statemenf: For ryuestlons, please contact;he 1/alley Reglonal F1re Authorlty at (253) 937-3060 APPLICANT'S 51GNATURE I hereby cedify and deciaie under penally of peiJury untler Washington law lhat the sfafemenls fumistietl by me on this application are Irue and completo lo the best of my knowledge. I understand lhat the;issuance of a business Ilcense Is cond(Uoned upon compllanco at all fimes wilh all appllceble ordinances, regulalions and slalutes ot the C(ly of Aubum end Ibe Slale of Washinglon. 7he fssuance ot a business li ense d es nofimply compllence wil Iode aemetional Flre and Building Codes. Data 1d GZ d( Slgnatiire_~ C',fn OF ~ .asa~~, ! v tt 9-IOME OCCUPATIOtd _ ~ " 11'hSIadNG'~.ON APPLICATION Data SuGmiKed: n 2Z ~ NamoofBusiness: ~1YYlQ V~'twL(,~'1~ Name o/AppllcanL• ~L)r0.6k'~'hAt~ S(O Addrogs: 6 .1, PBone Number. 14~q:-7o] FazNumbor. (as5) ~22-~a~S Please descdbe /n de(all the bus/ness,actlvllylnvolved and if you wll! bo having cus(omersfoyourhome; 'Q~\11 C. _ty,b Stvuiu.• rn~'1~.~ he> ccR-i,~ y-s ck ~ s G.. da~ ~law. tt~ G. Pwk .~--.Planned,days and ho6rs of operat/on: Pl-"Ac, . Relar (o'Autivm CIIy Coda (ACC)18.60.010 (JJ Typobfequlpmenttotieused: aSc~ .l~lola -t-' rrT~.A~n.pa,~''9• _on Ro/orfoACC,18.60.020(B) ' W!!1 commercial vehtc/os be parking a( yourhome? Yes or No \~6 Number of emp/oyees working wlthln the home oiher fhan yourse/f? a Re/er to ACC 18.60.020 (a /s offsfreet parking avaflaGle for empioyees2 Yes or No Area of liome (square feef) to Ge used for buslness.: ROlo/ fo ACq f8.60.020 (C) , Wlll alterafions of your fiome be required? Yes or No C Rofcr (o ACC 18.60.020 (D) S(ze & nurnber of signst. ~ ~ aq RolertoACC18.60,0Y0(OdH) - - For oHlce use on/y Planning Deparlmen( recommendaffon: 6us. Reg. iF Approved: Speclal Home Occupation Permif Requlrod: Yes No Appiovedwithfollowingcondllfonst Appiicantmus[otiserveAubumCl(yCode18.80,020 requlremonts; fl you have any questlons, please contact the Pormlt Center at (263) 931•9020. Exhibit 10 Correspondence YIPF CIT~~~' PeterjB, Lewis; Mayor , WAS;HING.ION 2~~yosFMaIn,S1(eol;*AubumWA900D1-A990!*www;duburmvagov*2b3.=93T-3000 November 30, 2009 Ms. Denise Foster Scott 418 3rd Sireet NE Aubum, WA 98002 Re: Business License 26779 - Soma Vitality Dear Ms. Scott: This is to advlse you (hat the busfness appiicatlon for parcel 1A 2100200020, with a sife address of 418 3rd Street NE has been reviewed liy lhe Cily of Aubuin Permit Center. These reviews have identffied addiponai Information, cWification andlor corrections needed to complete our review. DEPARTMENT COMMENTS Pollae Comment§ -Approved PlTnnind Commeiits • A speciai home occupation permit is,required per ACC 18.80:040(A)(2)-Personal serv(ce shops. Please apply for a snecial home:.occunation permit at the Permit Center if you w(sh to operate the massage therapy business irom your residence. Please contact Angel(que Moser, Planne[ at (253) 876-1963 for questlons related,to Planning comments. Biiildfng Dfylsion Coironents - Approved Code Compllance Dfvlsion Comments -Approved Public Works Comments Traffla Need additional information on how many irips.(Inbound and outbound ciients and employees) wil(occur in the peak fioids belween 4 and fi p.m. on a weekday. Please contact Joe Welsh; Transnortation Planner_at,(253) 804-5050 tor questions related to Public 1Norks commenls: VALLEY REGIONAL FIRE AUTHORITY COMMENTS (Outsicle Agency) • Approved Please contactbave Goff, Assi,stant Fire Marsliall, Valjey R@gional Fire Aulhority, af (253) 288-7444 for questions related to Fire Deparlment comments. AU_BURN* MOItG`Tf IAN~.YOU IMAGI,NGD Ms. Denise Foster Scott - BUS26779 NovembeP 30, 2008 Page 2 Concluston These comments are only related to the Ilsted business application and other approvals may be sebured In advance to bompiete the proposal. If you fiave any quealions regarding the City's process or your speciflc applicatlon requeat, please contact 1he appropriate depaftment 6ontact above. Sincerely, Darcie Hanson Permfts and Adminlstratlon Manager Planning, Building & Community DH:QT/ ' CORR09-447 i I I i I r . . , I i ~ . « CITY OF TB~~J 1( Tlf~ {1Ctl ~I i,T . PeterB.Lewis,,Mayor ~1.J WASHCNGTON 25 West Main Street * Aubum WA 98001-4998 * www.aubumwagov * 253-931-3000 March 11, 2010 Denise Foster Scoit 4183rd StreetNE Au6urn, WA 98002 " - RE: Special Home Occupation.Permit Application - MIS10-0005 Dear Ms. Scolt: This is to advise you that the Special Home Occupalion Permit applibation to allow a massage therapy business as a home.occupation in the R20 (Residential 20 DU/Acre) zoning district-, which was submitted on February 19, 2010, has been reviewed by the yarious Cit'y departments. Based on this:Feview, the City has determined thaf your _application is considered "complefe" as of Marcfi 10; 2090. The Special Home Occupation Permit is scheduled to be Fieard af the April21, 2010 Hearing Examiner meeting. Below are comments that will need to be addressed before your business license can 6e issued. Building Department Each facility (room), used in conjunctiorrwitfi tfie business will need to be inspected prior to the issuance of a business lice.nse to determine:that adequate lighting, heating and ventilating system§ are installed.and maintained. This inspection. is required pursuant to Aubum City Code 5:20:170 Massage businesses;.health salons and;public batfihouses (3) Preinises - Inspections: Sfiould the Hearing Examiner approve ihe Special Home Occupation Permit, Building DeparimenYwiil schedule this inspection. Please contact Mibhael Grohs, Plans Examiner, at (253) 931-3013 or mgrohs@auburnwa.gov with any questions regarding these comments. Public Works Department Utilities Division ' In order to prevent contamination of the publiawater system, backflowpreyention assembly is required for domestic service in accordance with Design Standard 7.01.2.1(H). Backflow • prevention assembiy shall be a Reduced Pressure Backflow Asseinbly (ftPBA) unless "drawings ate submitted for review to. Eity of Aubum cross connection control spedialist: Please contact Cyntfiia Lamotlie, Water Utility Engineer, (253) 804-5061 forquestions related to .Water comments. Since the application'has been de4ermined to be complete, the City will make a decision on tfie applioation within 120 days of this determina4ion,of completeness in accordance with state law (RCW:36.70B.090). Within that 120-day period, the Gity is allowed to request additional AUBURN * MORE THAN YOU 1MAGINED Denise Foster Scolt -MIS10-0005 March 11, 2010 Page 2 information or studies which may be.required lo assess the full effect of tfie proposaL The City has implemented these time frames to ensure efficient processing of applications and to keep . applicants better inforrried duhng tfie decision-making period. If you have any questions regarding the process or your specific application re_quest, please contact me at 253-804-5031 or'.'swagner@auburnwa.gov. Sihcerely, Stuart Wagner, AICP, Pianner Planning and DeVelopment Department SWIr COR10-08A • Page 1 of 5 Stuart Wagner From: Stuart Wagner Sent: Tuesday, January 26, 2010 537 PM To: 'denise@somavitality.com' SubJect: RE: Soma Vitality Business License Application Thanks Denise, Sorry that you have to go through all of these steps. I tliink all that is left is a site plan (i_ e. house on the lot) that shows where yau will conduct your business i.e. which portion of the house. I think it mightbe best to meet briefly at City' Hall 6efoYe submitting the applica(ion to make sure you have anything in ordgr_. Laslly the fee to process a special home occupation permit is $259"plus an additional fee ($80) that covers a fuWre sign board'whicli will notify the public of your proposal. As far as timing, if an application ie received shortly, a public liearing in Marcfi is very doable. Thank you for your time, Stuart Stuart Wagner, AICP Planner Planning & Deyelopment Department City.of Auburn 25 West.Main Street Auburn, WA 98001-4998 p: (253).804-5031 swagne aubuniwa aov Fromc denise@soinaVifality.com, [mailto:denise@somavitality.com] Sent: Monday, January 25, 2010 7:29 PM To: Sfuart Wagn_er Subject: RE: Soma Vitality Business License Appiication I responded below'iii red. Original Message Stibjecf: RE: Soma Vitality Business License Application From: "Stuai•t Wagner" <swagiiei•@auburnwa,gov> Date: Mon, 7anuaiy 25, 2010 7;34 am To: <denise@somlvitality.com>. FIi. Denise, As long as you are the property owner tfiari there isn't a need to fill out tfie authorization form. The form is usually meant for engineer§larchitects wlio are working on 6ehalf of theproperty owner. Aiso if you have time can,you write asfiort response to eac6 of fhe provisions.below? The more information you us a6out your tiusiness (and howit is consistent with the home occupation provisions), the easier, it is forstaff to come up with a favorable recommendation when, presenting the projectto the Hearing Examiner for.review. Feel free to calVwrite with additionai questions. Thank you, 4/137201"0 Page 2.of 5 • Stuart 18.60.020 Requirements. Home occupations are required to liave a business license as issued by the city, comply with all city codes and ordinances, and shall be consistent with the following provisions: A. Only mem6ers of the immediate family residing on the premises and no more than one non- residenCmay tie empioyed af any one time; provided, that home occupations wi(h a nonresident employee shall provide off-street parking for the employee on site; This liome is owned by my parenfs Dave and Lois Foster, who live in the liome with me. They have their own living niiarters; separ2te entrlnce; pnct the home is like a duplex. They do not reside in.tlie portion. of the flome where the business will be ran. V✓ill this require the owner grantiiig operation paper to be filled out? B. No meclianical equipment is used exce.pt such as is commonly or customarily used for domestic, household or personal purposes for a dwelling unit (or as deemed siinila-r in te(ms of power, quantity, noise, emissions and type); No meclianical equipment is required for the busiuess besicles a washer and diyer. C. Not more than one-fourtli of the floor area of any building is devoted to such occupafion, ezcept for tied and bFeakfasts; In compliance D. That'such occupation shall not require inlernai or external alteration or involve construction features not customarily found in a dwelling; No additional internal or ezternal construction is needed for the business. E. The home occupation shall not involve the use of personal commercial vehicles as defined.in ACC 18.04.245 for, the distribution,of materials to or irom the premises:.Deliveries or pickups by commercial delivery seryices shall' not applytoward this limitation provided such pickup or delivery does not exceed twice per day; I do not have or need a commercial vehicle. F:.Tfie conducfof any home occupation, including but not limited to the storage of goods and equipment, shall not reduce or render unusable areas provided for the required off-street parking. , Additional parking is;not allowed in order to conduct e home occupation, exceptwhaCmay be re_quired through the issuance of a special home occupation permit pursuant to ACC 18.60.040; I will have 3 to 5 clients a day, no more than 1 clientat a time. I want to use street parking for my clien(s. My operation fiouirs plan to be 9AM-3PM, Monday through Friday; while my children are at school. I will not be working weekends due to another job I have over tfie.weekends. 4/13/20i-0 Yage 3 ot 5 G. Only one sign is permitted, not to exceed 18 inches by 24 inches in area, nonilluminated, and attached to a building, ezcept that home occupations in commercial or industrial zones may have signs consistent with the applicabie zoning district; I do not haye a sign, don't know if I will, If I do it will pe in compliance of the 18 by 24 inch requirement. H. No display pertairiing to the occupation, other than the one permitted sign, is visible from the street or adjacent residences; I don not have a display nor plan to. 1. No more animals are maintained on the premises than what may otherwise be permitted in the zone; In compliance: J.. Except foc bed and breakFasts, employge and customer visits shall be limited to the following liours of operation: 1. Employees from 8:00 a.m. to 6:00 p.m: Monday, tfirougli Friday and from 9:00 a.m. to 6:00 p.m. on'Saturdays; ONerational hours M-F 9AM to 3PM;No weekends. No employees. 2. Customer.s from 9:00 a.m: to 6:00 p.m, Monday through Saturday; 3'.'No employee or cus(omer visits shall be permitted on Sundays or federal holidays; K. Traffic generated by the home occupation, shall be limited to a maximum of eight (two-way) clienUdeliyery-related trips; per day for those home occupaTions that operate by appointment only and do not liave oyerlapping client yisits_ Ail other home occupations shall be limited to five (two- way) clienUdelivery trips per day; Only3=5appointmenf only.clientsa day, one client at atime.No "dropping by" clients. No regulardeliveries required for' liusiness operation. L. Outdoor storage of materials, goods, productsor equipment is not allowed; No need for storage. M. The home occupation is to 6e.conducted in such a manner that the resitlence shall not differ from its residentiaf cliaractei either liy the use of'color§; materials; construction, lighting, signs, or lhe. emissions of sounds, noises, vibrations or odoCS or result in traffic!impacts inconsistent with the character of the area in which the liome occupation is located. (Ord. 6191 § 1, 2007; Ord: 5897 § 21, 2005; Ord. 4229 § 2, 1987.) Slated_before, I don't plan on a sign. I feel I do not want people driving by and thinking tfiey wiil just stop irr fora massage. Appointmentoniy! Myoperation needs to be spa like and guiet." 4L13/20I0. Stuart Wagner, AICP Planner Planning & Development Department City of Auburn 25 West Main Street Auburn, WA 98001-4998 p: (253) 804-5031 swagnerlaDauburnwa. gov From: deniseCalsomavitality.com [mailto•deniseC&somavitalitycom] Sent; Sunday, January 24, 2010 7:56 PM To; Stuart Wagner . Subject: RE: Soma Vitality Business License Application Stuart- I have a question! On the master land•use application there is a letter fi•om property owner, grauting authoi•ization to act. I'in not sui•e I iinderstand what this is for. Could you please explain it for me. Thank yott, Denise Foster Scott 253-444-7047 Origiiial.Message Subject: Soma Vitality Business License Application From: "Stuart, Wagner" <swagner@auburnwa.gov> Date: Wed, Janiiary 20, 2010 12:04 pin To:'<DENISE a SOMAVITALITY.COM> lii Denise, According to our records, a business license for Soma Vitaliry has not been issued by. the City of Aubum. We recentty went through some staff changes so I'm not sure if fhe comment lelter dated ] 1/30/09 was provided to you (see attacfiment): As stated in the letter a special home occupation permit is needed to operate your massage tlierapy business. If you had any questions about this special permit please email or call me at the number 6elow. Thank you, Stuart Stuart Wagner, AICP Planner Planning & Deyelopment Department Ci'ty of Auburn 25 West Main Streef 4/13/2010 L U~V ✓ V t ✓ Aubum, WA 98001-4998 p; (253) 804-5031 swagneO-auhurnwa gov The infofination contained in this electronic cominuuication is personal, privileged and/or confidential information intended only for tite use of tlie individqal(s) or en4ity(ies) to wliich it has been addressed. If you read this , coiiuniinication aiid are iioYthe intended Y•ecipieiit, you are liei'eby iiotified tllat any dissemination, disp•ibution or copying of tliiscommunication; other than cteliVery to tlie iuteiided recipient is strictly prohibited. If you have received tliis comiuunication in error, please iuimediately notify the sender By reply e- mail. Thaiilc you. 4/13/2010 . ra~e i ui ~ Stuart Wagnee From: Stuart Wagner Sent: Tuesday, March 09, 2010 11:18 AM To: Michael Grohs SubJect: MIS10-0005 Soina Vitaliry (Massage Therapy) Hi Micliael, Wondering if you had a cliance to review MIS10-0005 - Soma Vitality (Massage Therapy) Anil do the following code sections affect your review? If so will you require building permits as a condition of approval? Thanks, Stuart , 5.20.170 Massage businesses, health salons and pulilic liathhouses. A. Definitions. 1. "Faciliry" means any of the definitions contained in this section or any combination thereof. 3. "Massage business" means:any place where massage or other treafinent to the body of another person by rubbing, kneading, hitling'orany other manipulations are giyen or fumislied, including theuse of equiplnent, machinery or appliances in connection with the foregoing. C. LicenseRegulations 1. Licenses - Prerequisite to Advertisement. It is unlawfufto adverlise the giving ofany treatment or service as defined in thischaptet 6y any person or in an estatilishment not licensed or otherwise gualifigd pursuant to the terms.of this chaptec 2. Premises - Standards Generally.. Prior to the issuance of any license forany facility, asdefned in this chapter; and prior to the operation of any business tfierein,'it shall be the duty of the city's 6uilding departmenf and the city health.o_fficer to'inspect the prem'isesor proposed premises to determine if the following standards and requirementshave been meEand alfapplicable plum6ing, tiuilding and healtfi codes are complied with. If shall 6e the duty of the:operator or owner of such facilities to meef such requirements and to maintain same at aIl times in a clean, safe and sanitary manner. a. Adequate Ilghting (see subdivision 5 of thls subsection Illumination) heatina and ventilating are to be installed and maintained in all parts of the facility in full compliance with the cit}r's a~Ilcable building. plumbing electrical and related codes: b. AII floors within the facility shalf be constructed of impervious, nonabsorbing, easily cleanable material with approyed drain in the area containing a pooL c; Each patron using such a pool facility sfiall tie fumished with an individual clean towel or disposable.paper mat 6y the operatoY thereof. Towels sfiall not be reused until tfiey are washed and sanitized. , Tliere shall be adequate facilities for towel and mat stoPage. . d. All toilet and fiandwashing facilitiesshall li"e available as required in the city's plumbing code, applicable to place"s of pu6lic as"sembly. e! Alfplumbing shall be installed according to'tfie c(ty's plumbing code and shall be free of potential cross-connections. f. If any faciliry contains any swirling water pools where more than.one person is immersed, such pools sliall be maintained under 4he same restrictions as any'public orsemipublic pool. Bacterial quality sliall 6e such that not more than 15 percent of'any series of.samples, rior more than two consecutive samples of any series of samples collected at tiriies wfien the pool is in use, sfiall allow the presence of coliform bacteria in any of the five 10-rriillititer portions ezamined. Clilorine residual of 0.4 paPts per million in all parts of the pool while in use will assure acceptable bacteriologicaf standards. , 4/13/2010 ...b". _ , g: Chiorine and pH_ test kits should be used routinely to check the chemical makeup of pool,water and results are to be recorded on a daily log sheet and kept current at aiI times. h. Any stool or bench in any bath facility should be easily cleanable and soundly constructed. They sliould.be:coveired'with.single-service towels when in use. i. All exercise equipment and appliances sfiall be routinely checked fot possible structural weaknessesand shall be maintained in a safe and sanitary manner at all times. j. Gym matswith an easily cleanable surtace shall be used only.,These should be cleaned and. disinfected each day. k, All pools_must be provided wilh recirculation and fillering equipment, which equipment shall include a rate=of-flow indicator and a loss-of-head gauge for the backwash filter. 1. All shower and dressing facilities shail be available out§ide tfie pool area. Such area must be well lighted and ventilated with nonsiip floor finish provided on floors sloping to a floor'drain. m. A safety bar or handrail shall be installed in the pool easily_accessible to users in every area of the pool. The rooms housing the swirl pool and sauna shall have adequately sized windows for observing'users of the facilities. n. Any sauna batfi or similar facility shall duly post a maximum exposure timetable as suggested by the manufacturer thereof. o. Slanted or sloped ceilings shall be used in the sauna area to prevent dripping of hot water on users. p. Any facilities using uftraviolet exposure roomsin their establishment shall post maximum ezposure-time. ' 3. Premises - Inspection. Any facility required to be licensed under.this'chapter shall al all times be open to inspection as to sanitary and moral conditions by lhe city health,insp@ctor or lhe chief of police or,his duly authorized agents; on demand. The licensee, his agent or employee shall not impede such inspection in any manner or alert other persons as to the presence of the health officer or police. 5. Illumination. Any facility required to 6e licensed under this chapte"r sfiall illuminate tfiat pwtion of the premises open to customees, at all times, by white light of not less than tfiree footcandlesbr its equivalent when measured witfi a color-corYected J'ighf ineter. Stuarf Wagner, AIGP Planner Planning & Development Department City of Aubum _ 25 West Main Street Adburn, WA 95001-4998 p: (253) 804-5031 swagner(a~au6urnwa. gov 4/13%2010 Aubum CityCode 5.20A10 Chapter purpose and scope. This cltaptec pi•ovi8es Iicense reqiiireinents.for, certain bqsiness aotivities. This cliapter does not repeal, abrogate, annul or in aiiy way impair or ipterfere witli the existing provision of other laws or ordinvices, except those specifically repealed by'the ordinance codified in this chapter: (Ord. 4012 § 2, 1984.) 5.20.170 Massagebusinesses, liealth salons and public bathGouses: A. Definitions 1. "Pacility" means aiiy of the definitions contained in tliis section or any ooinbination tliereof. 2. "Healtli salon" means aiiy place or facility where yarious devices 2ncl eqtiipment are used for the treatment of tfie human body incluiiing reducing devices; ath]etio equip1neiit, massage tables, various type of steam and similai` baUi facilities, or aiiy combination of tlie foregoing, for the purNose of weighCreduction physical improvement ol°as a' Geapry eid'. 3. "Massage blisiness" means any place Nhei`e massage or other treatment to the body of Tnotlier person by rnbbing, kneading; hitting or aiiy other manipulations arg given or furnished, including the use of equipment, machinery or appliances in comieotioo with tlie foregoing. 4. "Public batlihoi~se" meags aiiy place or facility wliere bTths or facilities for 6atlis of any kind wbatever are given or furnislied and the teirn includes but is not limited to tlie following: Finnisli Uatlis, Riissiaii baths, sauna batlis, Slwedish baths, Turkisli batlis, batiis of Iiot aii; steain; vapoi•; water or electric cabinet or a combinatioii of aiiy of tlie foregoing; provided, howeyer, tliat such term shall not incl}ide ordinary tub or sliower baths, oc any of tfie a6ove-named bath"s,wliere tlie duties of the einployec do notrequii`e Uliysical con)acf wit j aiiy customer. B. Lic@nse Application - Qaalificafions = Requirements to Apply - Exemptions. The terms of this. oliapter- shall nob apply to aiiy inassage treatment, liatlis. or any otlier equipinent or apEiliaiices giveu in 'T, family home ryherein oply memGers of sucli family are treated or to aiiy such treatments given in Tny hospital, duly liceused, which treats patients only upon written prescriptiou of a:licensed do6tor of inedioine, or byany other person licensed by the state to treat, the sick, injui`ed or,i_nfirm; or aiiy nurse uitder the directioti of 1 person licensecl. C. License Regul?tions. 1. Licenses - Preregiiisite to Ailvertisemeiit. If is itnlawPul to aclvertise the giving of aiiy treahiient or seivice as definecl in this cliapter by aiiy persoq or iu an estaUlishment uot licensed or o(lierwise qullified pursuant to the terms of this chapter. 2. Pi•etuises - Stnndaids Geiiei•ally. Prior to tlie' isstiauce of any license for aiiy facili 'ty, as deffiiect iu this cliapter, and prior to (he operatioil of aiiy Uusiness tlierein, it shAll be the cluty of tlie city's btiilding deNartment and the city Iiealth officer to inspect tlie premises or proposedpremises to deteriniue ift(ie followiiig staiidards and reqiiir"emeiits have beeu niet and all applioable pltfinUipg, building and healtli cod'es are complied witli: It sliall be tlie duty of'thg operator' or oryner, of siicli facilities to meet such requirements and to maintain same at alGtimes iira clean, safe and sanitaiy manner. a. Ad"equate'lighting, (§ee siibdivision 5 of this subsection, Illuminatioii), heating aitcl ventilating'ai'e 4o be insfTlled_and maintained in all parts of tlie facility in fiill Printed on 4/13%2010 Page 1 Aubum City Code compliauce witli the city.'s applicable building, plumbiug, elech•ical aiid related codes. b. A}I floors within:tlie facility shnll be constructed of impeivious, nouabsorbing, easily cleanalile material with appi•oved di•ain in the area containing a pool. c. Ea"ch patrou using sucli apool facility shall be fiu-iiislieci witli an individual clean towel or disposable paper mat by t(ie operator tliereof. ToNvels shall nof be i•eused until they are Nasheil and sanitized. There s(iall be adequate facilities for towel:an d mat stoi`age. d. Al6 toilet and handwashiug facilities shall be available as requii-ed in the city's plumbiiig code, applicable to places of piiblic assembly. C. All pluiiiliiiig shall be installed according to tiig city's plnmUing code Tud sIi211, be free of potential cross-connections. £ If any facility coiitains any swirling water: pools wltere mor'e!ttieii one person is "immersed;: suclS pools sliafl be niaintained uncler tlie same restrictions as.; any public or seinipublic pool. Bacterial quality sliall be such that not more tlian 13 percent of any series of samples, nor niore tfian hvo consecutive sa»jples of any series of sainples collected at tiines wlien tlie pool is in use; shal_l allow tlie presence of coliform bacteria in any of the five IOanilfiliterpoitions examined. Chlorine residunl of 0:4 parts pei• inillioii iii all parts of tlie l5ooi while in iise will assure acceptable bacteriol"ogicals{anclards. g: Clilorine agd pH test kits sliould be used routiiiely to clieck the clieuiical makeup of pool water and results are to be recorded oii a daily log slieet and kept curcent at all times. b. .Any stool or bencli in any bath facility sliould be easily cleanable aiid soundly constructed. Tliey should be covered witii single-service towels wlien in use. i. All exeicise equipinenf and appliances sliall b"e i•oufiflely cliecked for possible sttuctural weaknesses and shall be maintained in a safe and sanitary, manner at all• times. j. Gyiri iiiats tvith an easily oleaiiable surface sliall be used only. Tliese should 6e cleaned and disinfectecieach day. k. All pool's must be proviiled with recirculation aiid filtei•iiig equipiiieiit,. wfiich ' eqiiipmedt sliall incliide a rate-of-flow iiidicator and a loss-of-head gauge fa- the backwash filter. 1. All showerand dressing facilities sliall"be available outside tlie pool ai•ea. Siicli area iiuisf be Nvell lighted "and ventilated tvitlti nonslip floor finisli pi•ovided on flqors sloping to a: floor clrain. nt A safety bar or handrail shall be installed in the pool easily accessible to users iu eveiy ai-ea of the pooL The rooins housing the swirl Nool, and sauna.slifilf have aclequately sized wiudows for observing nsers.of tlie facilities: n: Any sauna bath or similar facility shallduly post a mTximiun exposure timetabie as suggested by the manufachirer tliereof. o. Slairted or sloped ceilings shall be usecl in fhe sautla area jo prevent dcipping of liof water orcusers. p.. Any faoilities iising ultraviolet exposure rooms in their establishment shall post iiiaximum exposure tiine. Prinled. on 411312010 Page 2 AuUum City Code 3. Pi•emises - vispection. Any facility reqnired to be licensed uuder tfiiscliapteP shall at all tiiiies Ue operi to inspection as to sanitaTy aiid inoral conditions by tlle city healtlt iitspector or the cliief of police or his di'ly auUiorized agents, ou demand. The licensee, liis agent or employee shall not impede suclr iifspection in any mamier or alei't otliee persons as to the pFesence of the Iiealtfi officer or police. 4: Intei•nal Warning Sys4ems Prohibited. .4ny facility required to be licensed under this cliapter shall not iustalP any device that is designed as an internal wafniiig systein Tnd'no lioensee, his agent or employee'shall use any device for alerting persons in other portions of the building. 5. Illumination.-Anyfacility required ro be:licetised uuder this chapter sliall illuminate tliat portion of the premises olieii to custotners, at all times, by white liglit of not less tliTn three footcandles or its equiyalent wlien measured ivith,a coloi~ corrected light meter.. 6. Employees: It is unlawful for tite owner, proprietor, maiiager or pePson in charge of any facility reqilired to 6e liceiised in this' oliapter to employ in sucli establisliment any person who is. not 18 years of age ?ud of good moral character. 7. Certain Persons Proliibited. It is unlawful for the owner, propfietor, manager or person in charge of any facility as clefiiied in tliisi cliapter; or any employee or agent of sttcli esfablisliment,, to adinit lnyone under tlie age of 18 years of age and permit them to remain in or aboiit sucli premises, unles's.siioh persorr is accanpauied 6y his or hei• pareiit or legal guai•diaii, or to knowingly harboi; ailmit; recei've oi• permit to be or'ren7ain in or' abouG suclt premises any prostitute; leryd or dissolirte person, nr any drunk or 6oisterous persoiy or auy person under the influeiice bf aiiy narcotic oi• daiigerous drugs. 8. Prolii6ited Activities. It is unlaivful for any owner;, proprietor, mauager or person in qliarge of Tny fncility ns defined in this chapter, or any employee or agent of such estlUlishment, to perfoi•iii oi• allow to be' performed aity act, massage or maiiipulatioii in wfiioh contacf is made witli another's, genital ai'ea eitlier by hand, body or by any meclianiqal deyice or object, whether it is covered or mncovered, clotUed or unclothed, whole orin put. . ~ 9. Dress RestFictions. It i§ ulilawful for any owuer, proprietor, manager or'persou in charge of any facility as clefined in tliis:chapter, or anyemployee or agent of sucli establishmetit, to disrobe or be.partially disro6ed iii the presence of anothei•, othertliaii liis or itel• laivfdl niate, wliile iu any, facility definecl iii tGis, cliaNter; aud sliall w,ear a uuiform sucG as is . , norfiially worn and recognized in tlte fielcl of inedicine while performing oc administering any of tlie activities described within tfiis cliapter. 10. Superdisiai. The ownei•, nSaiiagei• or proprietor shall nave tlie premisea supervisect at all times when open for bnsiness. Rooms and stalls used for the pnrpose of massage or where ?n ?tfendant is provided or present slialL be coustructed in sucli a mannei• as to permit inspection ivitliout eiitaring such rooms or stalls aud,withoirt having to open a door; (Orcl. 4012 § 2, 1984.) Printed on 4/13/2010 Page 3'