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Home My WebLink About05-16-2018 Hearing Examiner Agenda PacketHEARING EXAMINER May 16, 2017 5:30 p.m. City Council Chambers 25 West Main Street I.Case No:MIS18-0009 – Maxx Beauty Studio Applicant(s) Property Owner:Amandeep Kaur Request: Special Home Occupation Permit to operate a Beauty Salon within an existing home. Project Location: 11672 SE 318th Court, Parcel No. 7913000100 Page 1 of 38 Agenda Subject: Special Home Occupation Permit for Maxx Beauty Studio – File No. MIS18-0009 Date: May 2, 2018 Department: Community Development & Public Works Attachments: See Exhibit List, below Budget Impact: N/A Administrative Recommendation: Hearing Examiner to approve the Special Home Occupation Permit for Maxx Beauty Studio based on the Findings of Fact, Conclusions, and Conditions. General Information: APPLICANT: Amandeep Kaur, 11672 SE 318th CT, Auburn, WA 98092. OWNERS: Amandeep Kaur & Manvinderpal Singh, 11672 SE 318th CT, Auburn, WA 98092. PROJECT DESCRIPTION: Special Home Occupation Permit for a beauty studio within an existing single-family residence. The business will employ one resident-owner who will provide esthetician care at the scheduled times during the following hours: Tuesday 10AM to 1PM, Wednesday 12PM to 3PM, Thursday 10AM to 1PM, Friday 12PM to 3PM, and Saturday 10 AM to 2PM. The business will occupy 214.5 SF of the home PROPOSED LOCATION: The proposal is located at 11672 SE 318th Ct. PARCEL NUMBER: 7913000100 COMPREHENSIVE PLAN DESIGNATION: Single-Family Residential ZONING: R-7, Residential 7 Dwelling units per acre SEPA STATUS: The Project is exempt from the State Environmental Policy Act (SEPA) per Washington Administrative Code (WAC) 197-11-800(13)(a). Reviewed by Council & Committees: Reviewed by Departments & Divisions: Arts Commission COUNCIL COMMITTEES: Building M&O Airport Finance Cemetery Mayor Hearing Examiner Municipal Serv. Finance Parks Human Services Planning & CD Fire Planning Park Board Public Works Legal Police Planning Comm. Other Public Works Human Resources Information Services Action: Committee Approval: Yes No Council Approval: Yes No Call for Public Hearing ___/___/____ Referred to _________________________________ Until ____/___/____ Tabled ______________________________________ Until ___/___/____ Councilmember: Staff: Cecile Malik Meeting Date: May 16, 2018 Item Number: Exhibit 1 Page 2 of 38 SPECIAL HOME OCCUPATION PERMIT Maxx Beauty Studio MIS18-0009 I.GENERAL INFORMATION: Application Date:March 12, 2018 Applicant:Amandeep Kaur, 11672 SE 318th Ct, Auburn, WA 98092 Property Owners:Amandeep Kaur & Manvinderpal Singh, 11672 SE 318th Ct, Auburn, WA 98092 Project Description: Special Home Occupation Permit for a beauty studio within an existing single-family residence. The business will employ one resident-owner who will provide esthetician care at the scheduled times during the following hours: Tuesday 10 AM to 1 PM, Wednesday 12 PM to 3 PM, Thursday 10 AM to 1 PM, Friday 12 PM to 3 PM, and Saturday 10 AM to 2 PM. The business will occupy 214.5 SF of the home. Proposed Location: The proposal is located at 11672 SE 318th CT Parcel Numbers: 7913000100 Subject Property and Adjacent Property Zoning and Land Use: Comprehensive Plan Zoning Current Land Use Project Site Single Family Residential R-7, Residential dwelling units per acre Single-family residence North Single Family Residential R-5, Residential dwelling units per acre, within the Lea Hill Overlay Single-family residence South Single Family Residential R-7, Residential dwelling units per acre Single-family residence West Single Family Residential R-7, Residential dwelling units per acre Single-family residence East Single Family Residential R-7, Residential dwelling units per acre, within the Lea Hill Overlay Single-family residence Page 3 of 38 II.SEPA STATUS: The Project is exempt from the State Environmental Policy Act (SEPA) per Washington Administrative Code (WAC) 197-11-800(13)(a). III.FINDINGS OF FACT: 1.Amandeep Kaur and Manvinderpal Singh (the “Applicant” and property owners) submitted an application for a Special Home Occupation Permit on March 12, 2018 to offer esthetician care services. 2.The Beauty Studio is proposed to be located within an existing 3,250 square feet (SF) single-family residence. The single-family residence has an attached 560 SF 2-car garage, two paved off-street parking spaces (driveway spaces), and is located on an approximately 0.19-acre parcel (“Site”) per King County Department of Assessment’s website. 3.The comprehensive plan designation of the approximately 0.19-acre parcel is “Single Family Residential”. This designation is implemented by the zoning classification of the site as “R-7, Residential 7 dwelling units per acre”. Subject Site Page 4 of 38 4. The purpose of the R-7 zone is as follows: “18.07.010 Intent. E. The R-7 single-family residential zones are intended to create a living environment of optimum standards for single-family dwellings. It is further intended to achieve development densities of five to seven dwelling units per net acre. This zone will provide for the development of single-family detached dwellings and for such accessory uses as are related, incidental and not detrimental to the residential environment.” 5. The purpose of the city’s home occupation regulations is as follows: “18.60.010 Purpose The purpose of a home occupation is to allow certain activities to be undertaken for gain or profit within a dwelling or a building accessory to a dwelling in any zone in which dwellings are present. The home occupation shall be conducted by a resident of the dwelling unit and is to be conducted in such a manner that the residence shall not differ from its residential character either by the use of colors, materials, construction, lighting, signs or the emissions of sounds, noises, vibrations or odors, or result in traffic impacts that are inconsistent with the character of the area in which the home occupation is located.” 6. In accordance with the home occupation regulations (ACC 18.60.040(A)), personal service shops and/or home occupations that can only meet 11 or 12 of the 13 requirements require an approved Special Home Occupation Permit to be granted by the Hearing Examiner, and must meet at least 11 out of the 13 criteria ACC 18.60.020(A) through (M), as follows: “18.60.020 Requirements A. Only members of the immediate family residing on the premises and no more than one non-resident may be employed at any one time; provided, that home occupations with a nonresident employee shall provide off-street parking for the employee on site. B. No mechanical equipment is used except such as is commonly or customarily used for domestic, household or personal purposes for a dwelling unit (or as deemed similar in terms of power, quantity, noise, emissions and type). C. Not more than one-fourth of the floor area of any building is devoted to such occupation, except for bed and breakfasts. D. That such occupation shall not require internal or external alteration or involve construction features not customarily found in a dwelling. 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. Page 5 of 38 Agenda Subject: Special Home Occupation Permit for Maxx Beauty Studio – File No. MIS18-0009 Date: May 2, 2018 Page 5 of 10 Deliveries or pickups by commercial delivery services shall not apply toward this limitation provided such pickup or delivery does not exceed twice per day. F. The conduct of any home occupation, including but not limited to the storage of goods and equipment, shall not reduce or render unusable areas provided for the required off-street parking. Additional parking is not allowed in order to conduct a home occupation, except what may be required through the issuance of a special home occupation permit pursuant to ACC 18.60.040. G. Only one sign is permitted, not to exceed 18 inches by 24 inches in area, non- illuminated, and attached to a building, except that home occupations in commercial or industrial zones may have signs consistent with the applicable zoning district. H. No display pertaining to the occupation, other than the one permitted sign, is visible from the street or adjacent residences. I. No more animals are maintained on the premises than what may otherwise be permitted in the zone. J. Except for bed and breakfasts, employee and customer visits shall be limited to the following hours of operation: 1. Employees from 8:00 a.m. to 6:00 p.m. Monday through Friday and from 9:00 a.m. to 6:00 p.m. on Saturday and Sunday; 2. Customers from 9:00 a.m. to 6:00 p.m. K. Traffic generated by the home occupation shall be limited to a maximum of eight (two-way) client/delivery-related trips per day for those home occupations that operate by appointment only and do not have overlapping client visits. All other home occupations shall be limited to five (two-way) client/delivery trips per day. L. Outdoor storage of materials, goods, products or equipment is not allowed. M. The home occupation is to be conducted in such a manner that the residence shall not differ from its residential character either by the use of colors, materials, construction, lighting, signs, or the emissions of sounds, noises, vibrations or odors or result in traffic impacts inconsistent with the character of the area in which the home occupation is located.” 7. In accordance with ACC 18.04.710 a “Personal service shop” means premises devoted to hair styling, cutting or permanents, manicurists, custom tailoring, and similar related uses. Esthetician services is a similar and related use. An “esthetician” is defined in the Merriam-Webster dictionary as “a person licensed to provide cosmetic skin care treatments and services (such as facials, hair removal, and makeup application)”. 8. In accordance with the home occupation regulations (ACC 18.60.040(A)), personal service shops is a type of home occupation that requires a Special Home Occupation Permit to be granted by the Hearing Examiner. Page 6 of 38 9. The home occupation will occupy 214.5 SF of the home. 10. Equipment used for the business will consist of one (1) towel warmer, one (1) steamer for facials, and one (1) wax warmer. 11. The home occupation will employ one resident-owner who will offer services by appointment only. The home occupation’s hours of operation are proposed to be Tuesday 10 AM to 1 PM, Wednesday 12 PM to 3 PM, Thursday 10 AM to 1 PM, Friday 12 PM to 3 PM, and Saturday 10 AM to 2 PM. 12. Per ACC Table 18.52.020, “Off-Street Parking Requirements by Land Use”, two (2) off- street parking spaces are required per single-family dwelling, and one (1) is required for the Beauty Studio. Two (2) spaces are available within the garage, and two (2) additional spaces are available within the driveway. 13. The application was circulated to City and Fire agency reviewers for comments. Each expressed no concern with this application. 14. A Determination of Completeness (“Exhibit 3”) was issued on April 6, 2018. 15. A combined “Notice of Application” and “Notice of Public Hearing” (“Exhibit 5”) was issued on April 16, 2018. The public hearing notice was issued a minimum of 10 days prior to the public hearing as required by ACC 2.46.130. The notice was also posted at the Site and mailed to adjacent property owners within 300 feet of the Site. 16. Staff conducted a site visit on April 24, 2018 to verify existing site conditions. 17. Five (5) of the notices mailed to adjacent property owners were returned to the city as “undeliverable”. 18. On April 25, 2018, one of the neighboring property owners, Victoria Hankes, who is also a member of the Homeowner’s Association (HOA) board, to which the subject property owners belong, reached out to staff to obtain more information regarding the proposed home occupation, and took additional copies of the public notices to share with other property owners who did not receive one. 19. On April 25, 2018, an email was received from the same HOA Board member stating that the home occupation would not be permitted by the adopted Declaration of Covenants, Conditions and Restrictions (CC&Rs), which appears to prohibit the “regular visitation of the lot by clients or customers” (“Exhibit 9”). 20. The city responded on April 25, 2018 to the email and explained that the city does not enforce CC&Rs, and that this matter was to be decided between the HOA and the Applicant (“Exhibit 9”). 21. On April 25, 2018, an email exchange took place between City Staff and another homeowner, Matt Peterson, belonging to the HOA governing the subject property, with concerns regarding the HOA CC&Rs. In the email exchange the homeowner stated that Page 7 of 38 the HOA authorized the home occupation. Despite it being approved, the homeowner continued having concerns about the future of the neighborhood if all houses opened similar businesses, and specifically the safety of the children playing on the street. (“Exhibit 10”) 22. The city staff responded on April 25, 2018 to the email and explained that the city’s public notice and hearing process for Special Home Occupations was in place to allow for concerns to be addressed and to set conditions to limit the impact of the proposed business on the residential area. (“Exhibit 10”) IV. CONCLUSIONS: The city’s home occupation regulations, ACC 18.60.040, provides certain criteria for approval of a Special Home Occupation Permit. The following is a list of these criteria (in italics) followed by a staff analysis of how the Project compares to the criteria: A. Special home occupation permits are required and must be granted by the hearing examiner for the following uses, even if the use meets all of the requirements of ACC 18.60.020(A) through (M), but in no case shall any home occupation meet less than 11 of the 13 requirements: 2. Personal service shops; Staff Analysis The home occupation is for a beauty studio that can meet 13 of the 13 criteria per ACC 18.60.020(A) though (M). A. The Applicant/Home Owner is the only employee. Staff finds that the home occupation meets the criterion of ACC 18.60.020(A) regarding the limit on outside employees. B. The Applicant states that no mechanical equipment will be used in the operation of the home occupation. Equipment used for the business will consist of one (1) towel warmer, one (1) steamer for facials, and one (1) wax warmer. Staff finds that the home occupation meets the criterion of ACC 18.60.020(B). C. The Applicant states that 214.5 SF of the home will be used for the home occupation, which is less than ¼ of the floor area of the home. The home is 3,250 square feet (SF) single-family residence per the King County Department of Assessments website. Staff finds that the home occupation meets the criterion of ACC 18.60.020(C). D. No interior or exterior alternations to the home are proposed. Staff finds that the home occupation meets criterion of ACC 18.60.020(D). E. The Applicant states that the home occupation will not involve the use of commercial vehicles, which are defined in ACC 18.04.245 as semi-truck tractors and/or semi-trailers over 26,001 pounds gross vehicle weight. Staff finds that the home occupation meets criterion of ACC 18.60.020(E). Page 8 of 38 F. The home occupation will not reduce or render unusable areas provided for required off- street parking. The Applicant has two (2) off-street parking stalls in the garage and two (2) in the driveway. The home occupation will be conducted in such an manner that will reserve two off-street parking stalls for the home. Parking for clients will be provided by one (1) off-street parking space; since there will only be one (1) client at a time, the stalls available will provide sufficient off-street parking. Staff finds that the home occupation meets criterion of ACC 18.60.020(F). G. Auburn City Code 18.60.020(G) allows for one 18 inches by 24 inches in area, non- illuminated sign. The Applicant has requested one (1), non-illuminated sign that will not exceed the permitted size and be fixed to the home. Staff will inspect to ensure the installed sign meets this requirement. Staff finds that the home occupation meets criterion of ACC 18.60.020(G). H. The home occupation will not involve any display other than the one (1) permitted sign. Staff finds that the home occupation meets criterion of ACC 18.60.020(H). I. No animals will be maintained on the premises. Staff finds that the home occupation meets criterion of ACC 18.60.020(I). J. Upon receipt of the Special Home Occupation Permit and a Business License, the home occupation proposes to operate Tuesday 10 AM to 1 PM, Wednesday 12 PM to 3 PM, Thursday 10 AM to 1 PM, Friday 12 PM to 3 PM, and Saturday 10 AM to 2 PM. Staff finds that the home occupation meets criterion of ACC 18.60.020(J). K. Traffic generated by the home will not exceed eight (2) two-way trips per day and will not have overlapping trips, as conditioned. Staff finds that the home occupation meets criterion of ACC 18.60.020(K), as conditioned. L. The Applicant indicates that there will be no outdoor storage of materials, goods, products, or equipment for the home occupation. Staff finds that the home occupation meets criterion of ACC 18.60.020(L). M. As no exterior alterations are proposed or needed and only one (1) non-illuminated sign is proposed, the home occupation will be conducted in manner such that the home will not differ aesthetically in character from a residence. The home occupation will operate Tuesday 10 AM to 1 PM, Wednesday 12 PM to 3 PM, Thursday 10 AM to 1 PM, Friday 12 PM to 3 PM, and Saturday 10 AM to 2 PM, as conditioned. In addition, no animals will be maintained on the premises. Staff finds that the home occupation meets ACC 18.60.020(M). HOA restrictions cannot be enforced by the City, but even considering the restrictions, home occupations are allowed as long as they are consistent with City code. Staff finds that the home occupation meets criterion of ACC 18.60.020(M), as conditioned. B. In considering applications for special home occupation permits, the hearing examiner shall consider the nature and conditions of all adjacent uses and structures. No such special home occupation permit shall be authorized by the hearing examiner unless the hearing examiner finds that: Page 9 of 38 1. The authorizing of such special home occupation permit will not be materially detrimental to the public welfare or injurious to the property in the zone or vicinity in which the property is located; and 2. The authorization of such special home occupation permit will be consistent with the spirit and purpose of this title. Staff Analysis Based on review of the proposal, authorization of the 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, with the staff recommended conditions. The home occupation meets 13 out of the 13 criteria of ACC 18.60.020(A) though (M). As consistent with the purpose statement of ACC 18.60.010 home occupations, the home occupation is undertaken for gain or profit within a dwelling, the home occupation is conducted by a resident of the existing dwelling, and the home occupation will not differ in character from that of a residence, as conditioned. As a result, the proposal is not anticipated to be detrimental to single-family residential environment and consistent with the intent of the R-7, Residential zone. Staff finds the request meets the criteria, as conditioned herein. V. STAFF RECOMMENDATION: Based upon the application, accompanying materials, Findings of Fact, and Conclusions of the staff report, staff recommends that the Hearing Examiner approve the Special Home Occupation Permit with the following three (3) Conditions of Approval. VI. CONDITIONS OF APPROVAL: 1. The home occupation shall only operate by appointment Tuesday 10 AM to 1 PM, Wednesday 12 PM to 3 PM, Thursday 10 AM to 1 PM, Friday 12 PM to 3 PM, and Saturday 10 AM to 2 PM. 2. The home occupation shall not have more than eight (8) two-way client trips per day (eight customer visits). 3. After installation of the sign, the applicant shall contact the City and request an inspection of the sign. Staff shall verify the non-illumination, location, and dimensions of the proposed sign upon installation. 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 VII. EXHIBIT LIST: Exhibit 1 Staff Report Exhibit 2 Special Home Occupation Permit Application Materials Exhibit 3 Determination of Completeness Page 10 of 38 Exhibit 4 Applicant's Supplemental Info, received 4/19/18 Exhibit 5 Combined Notice of Application/Notice of Public Hearing Exhibit 6 Affidavit of Publication Exhibit 7 Affidavit of Mailing Exhibit 8 Affidavit of Posting Exhibit 9 Comment Letter (email) from Victoria Hankes with staff response, dated 4/25/18 Exhibit 10 Comment Letter (email) from Matt Peterson with staff response, dated 4/25/18 Page 11 of 38 Exhibit 2 Page 12 of 38 Page 13 of 38 Page 14 of 38 Page 15 of 38 Page 16 of 38 Page 17 of 38 Page 18 of 38 Page 19 of 38 Page 20 of 38 Page 21 of 38 Af OF MURN._ .._ _..__._. _...._. w._...__ n_..___m._.._.__..... _ _... .__. Nancy Backus, Mayor WAS I j I GToN 25 Wesl Main Street * Auburn WA 98001-4998 * www.auburnwa.gov * 253-931-3000 - April 6, 2018 Mrs. Amandeep Kaur 11672 SE 3181h Ct. Auburn, WA 98092 Re: Special Home Occupation Permit Application for Maxx Beauty Studio — Parcel No. 7913000100 (File No. MIS18-0009) Notice of Completeness Dear Mrs. Kaur: Thank you for the March 12, 2018 submittal of the Special Home Occupation Permit application. The purpose of this letter is to advise you that the submittal has been reviewed by the variOus City departments and based on this review the application has been determined "complete". The required elements such as fees and number of application copies have been provided) In order for your application to be further reviewed by the City, the following information must be provided. fZpguested Information 1. Provide the following information in writing: p What type of equipment will be used for the esthetician business? Please describe the equipment. Conclusion Please provide three 3 copies of the above requested items as a single submittal that properly references your Special Home Occupation Permit application. Resubmittal of the revised application is to be made to the City's Community Development & Public Works Department. You may also send an email with this information to be included in the file. Next Steps: A public Hearing with the Hearing Examiner is tentatively scheduled for Wednesday, May 161,' 2018 at 5:30 PM, at Auburn City Hall in the Council Chambers at 25 West Main St. At least 30 days before the public hearing a posting board will be prepared for you to post on your property, and the city will mail notices to the properties within 300 feet of yours, as well as to the newspaper, informing the public of the proposed use and of the public hearing. You will be notified when the posting board is ready to pick up. Note that while we provide the board, we do not provide posts and the applicant is responsible for installing the board on their property that is easily visible and accessible from the street. Within 10 days after of the hearing, the Hearing Examiner will issue a decision, which will be forwarded to you. At a later date, the Hearing Examiner will send a bill for his or her fees, which will also be forwarded to you in order to remit payment for the conduct of the hearing to the City. AtJBI._ J Iti",j 4, M() I f, T1 I A 1\1 Y(_) t J I M /OCA 11\1 I_ f 7 Exhibit 3 Page 22 of 38 Mrs. /\OlandeepK3U[—MIS 18-OOD8 April O'2O18 Page Once the decision has been issued, ifapproved, UlS2-vveek8ppe8iperkod passed,and all fees paid, you may apply for a home occupation license (business license) and all necessary building permits. Should you have any questions regarding this letter, please contact Dle@t Or/253\S31-3O8#. 8iOC8n8|y' Cecile K88|ih Planner Planning and Development Department CK88k CORR18-0050 Page 23 of 38 From:Tina Kriss To:Cecile Malik Subject:RE: MIS18-0009 Notice of Complete Application Date:Thursday, April 19, 2018 4:58:32 PM Great, have a wonderful afternoon! Tina Kriss Administrative Assistant, Planning City of Auburn Telephone: 253.876-1923 Facsimile: 253.804-3114 tkriss@auburnwa.gov -----Original Message----- From: Cecile Malik Sent: Thursday, April 19, 2018 1:59 PM To: Tina Kriss <tkriss@auburnwa.gov> Subject: RE: MIS18-0009 Notice of Complete Application Thank you Tina, I called him and also replied to his email. Cecile -----Original Message----- From: Tina Kriss Sent: Thursday, April 19, 2018 12:30 PM To: 'Manvinder Singh' <singhmanvinder64@yahoo.com> Cc: Cecile Malik <cmalik@auburnwa.gov> Subject: RE: MIS18-0009 Notice of Complete Application Hi Cecile, I received this email and call from Mr. Singh, he is wanting to get ahold of you with this message below. Thank you. Tina Kriss Administrative Assistant, Planning City of Auburn Telephone: 253.876-1923 Facsimile: 253.804-3114 tkriss@auburnwa.gov -----Original Message----- From: Manvinder Singh <singhmanvinder64@yahoo.com> Sent: Thursday, April 19, 2018 12:03 PM To: Tina Kriss <tkriss@auburnwa.gov> Subject: Re: MIS18-0009 Notice of Complete Application Hello my name is amandeep kaur the equipment am using for my business will be a - towel warmer- steamer for facial-wax warmer so if you any question call me 2064519393 than you -------------------------------------------- On Fri, 4/6/18, Tina Kriss <tkriss@auburnwa.gov> wrote: Subject: MIS18-0009 Notice of Complete Application To: "'Singhmanvinder64@yahoo.com'" <Singhmanvinder64@yahoo.com> Date: Friday, April 6, 2018, 4:00 PM Exhibit 4 Page 24 of 38 Please find attached a copy of the Notice of Complete Application dated April 6, 2018. If you have any questions, please feel free to contact Planner Cecile Malik by email at cmakil@auburnwa.gov or by phone at 253-288-4301. Thank you. Tina Kriss Administrative Assistant, Planning City of Auburn Telephone: 253.876-1923 Facsimile: 253.804-3114 tkriss@auburnwa.gov The information contained in this electronic communication is personal, privileged and/or confidential information intended only for the use of the individual(s) or entity(ies) to which it has been addressed. If you read this communication and are not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication, other than delivery to the intended recipient is strictly prohibited. If you have received this communication in error, please immediately notify the sender by reply e-mail. Thank you. Page 25 of 38 Exhibit 5 Page 26 of 38 Page 27 of 38 1"= e e l.eC"i 1.e,s City ofAuburn, Finance Dept City Clerk 25 W Main St Aubum, WA 98001 Re: Advertiser Account# 107302 Agency Account#: 0 Ad #: 806287 Agency Name: Affidavit of Publication STATE OF WASHINGTON Newspaper and Publication Date(s) Counties of King and Snohomish The undersigned,on oath states that he/she is an authorized representative of The Seattle Times Company, publislier of The Seattle Times of general circulation published daily in King and Snohomish Counties, State of Wasliingt,on.The Seattle Times has been approved as a legal newspaper by others of the Superior Court of King and Snohomish Counties. Seattle Times 04/16/ 18 fhe notice, in the exact form annexed, was published in the regular and entire issue of said paper or papers and distrib- uted to its subscribers during all of the said period. Agent Sharon S I T1an Signatur A.,.O DE881E GOLLANTES Notary Public ubscribed and sworn to before me onSateofWashinglon APRI l. 1 G, 20 h1y Appointment Expires DATE Feb 75.2 22 6 Debble Collantes e) Notary Public in and for the State of Washington,residing at Seattle Exhibit 6 Page 28 of 38 i e ea e i e,s Re:.Advertiser Account# 107302 Ad#: 806287 Agency Account #: 0 Agency Name: AD TEXT TV OF AUBURN NOTICE OF APPLIC4TION AND NOTICE OF PUBLIC XEARING T e Cltv of Auburn le IssuinB u Nofice of ApPlicafion on0 Noli<e of Publlc Heoring lor f e followina tlefttibetl Orolect. The PetMit OOPII<O IOO.OIItl OnY IISf¢tl S UtlIls mav Oe revlewetl ot Ihe Aubum Planning and Develoomenf DaOa imenl ot 1 Eost Maln Sireep 3ntl Flaaq Nsfomer Service Cenhr,Auburn,WA 98001.P oposal:SPe- iol Home Occvpalion Permit for a beautv SiYdiO Wi hI11 011 CXi511l19 SIO912-bTllY resiaen<e. Tne Ousiness will amplov one re5itlenPowner w o will oravitle estheli- clon mre at !he s[eduleE Ilmes Curin9 fhe following ours: Tuestlov lOAM to IPM,-Wetlnestlov IYPM to 3PM: T ws tlaY lOAM ta 1PM,FAdaY 12PM'fo JVM, anE SafurtlaY 10 AM fo 7PM. The b si ness wlll occuaY no more.fhun k of t e home's fiaor a en. Loeatlo: The proiect sife is lomfetl at 1161Y SE.318th.Q,RinB Countv Assessot Porcel Na: ]913U00100, Loi l0. of'Spencer Plnre, wlinin ibe Lea Hill arca in Norf-East Auburn.Nofice ot qppiicotfan:Fprll 15,t018 Notice of Com- 01lflnef5: APfll 6, TO1B ilrmlf.AOplitO- fton: Mor<M1 1Y;E018 FIIa.No.M1518-0409 Appli<0111/P aPpr1Y Ot ,ATontleep KOur,116]]SE 01Bfh Ct,AaCurn,WA 9809] SluNes/PIan3 SUOmIttYO WIM AOOlica- tlan: N/A-0t o Po mifs,Plons,anE Ap- PfOVOISTO 90 PfepOlOtl: N/A S O e111l111 OI.COn515ilnCY.Ond LIf 01 APPIICObI@D@- valOPTent RaeYlotion: Th15 PrOPosal is subled to onp atlall Oe conslafent wifh f e P.uburn Cltv Cotle, Camprehensive Plan, anC Pu01ic Works Desipn and Consiruc- fion Siantlortls 9ubIIC.COmment Pe ioO: All YCRons ITOY C0111TlOf 00 fh15 OPPII C011011.COmm¢O S f11V5!i0 wlifiO9 p11d re<elvea er rne entl of rhe 15-aar mm- menf ceriotl at 5:00 VM on A0 1]0,fOlt ro@e mailine otlOress ofPS West Mafn Streei,Au um,WA,98001-1998.'Anv pe- son wishin9 fo DCcome o paltY af reco10. shall inclu0e In malr commants t ot t ev wish to reaive notlCe oi antl partici0ate In OOY h20 i0g5 I f0IQV00f IEqYC510 COPY U} tleci9ons once-maee.ana be mo0e.awnre ot o0Pea111ghis.:FOLGuestlons regartlin9 thls;prolecf, pleasa contocf Cecile-Malik, Plpnner at cmallkOOub W wo.pov or(]53) 1B8-/JOI. Public Hanlln9: T e Hearinp Examiner wlll.contlu<i o Oublic hearine on t e Soeciol Home Ocwoo ion Permlt at Cl y HOII.CoVnCll CM1Om f3.25 We51 Main St eet,Ao0v 0,WOSNng10n 98001 On Moy If,2018 at 5:] 0 PM. Page 29 of 38 Exhibit 7 Page 30 of 38 Exhibit 8 Page 31 of 38 From:Cecile Malik To:"Victoria Hankes" Subject:RE: Home business MIS18-0009 Date:Wednesday, April 25, 2018 11:13:51 AM Hi Victoria, Thank you for sharing this information. The CC&Rs are not enforced by the City, so we could potentially authorize something that the HOA doesn't authorize. Then it is between the HOA and the homeowner. If the HOA says no, then they can stop the occupation from happening, even with a city permit. But it is a civil matter. My understanding is that the applicant spoke with the HOA, was told that the proposed occupation would be allowed by the HOA, and obtained permission to move forward with this project before applying for this Special Home Occupation Permit. If the HOA decides that the proposed home occupation qualifies as prohibited, it will be a civil matter between the HOA and the home owner. We can only enforce the city code, which permits home occupations with limited client/delivery visits. Does the CC&R define "regular" visits? Is there a section that allows for limited visits to the lot? Is there any flexibility in the HOA to allow the occupation due to the limited hours and days of operation? That is for you, the rest of the HOA, and the homeowner/applicant to work out. I believe some HOA have some flexibility in how the interpret and enforce the CC&Rs. The city does not get involved though. I hope that this information is helpful to you. Cecile -----Original Message----- From: Victoria Hankes <vehankes@gmail.com> Sent: Wednesday, April 25, 2018 10:52 AM To: Cecile Malik <cmalik@auburnwa.gov> Subject: Home business MIS18-0009 Hi Cecile, Thank you again for all the information you gave me this morning, I was reading the CCR’s and it doesn’t seem like they meet all of our requirements for a Home use business. What happens then if our HOA CCR’s prohibit that type of business? I’m attaching an image of the CC&R’s it’s article 12, section 1 and specifically point 4. Exhibit 9 Page 32 of 38 From:Cecile Malik To:"Matt Peterson" Subject:RE: NOA for Maxx Beauty Studio - MIS18-0009 Date:Wednesday, April 25, 2018 4:36:27 PM Matt, Thank you for sharing your concern. The City codes and regulations in place that allow home occupations do impose limitations to prevent a residential street to become a commercial zone. Most home occupations consist of home office with no customer visits. However, in the case of the current occupation, which has the potential of a greater impact due to the customer visits, the code requires a public process where neighbors are notified, and comments and concerns are heard and addressed, and if approved, the permit is conditioned as to limit the impact on the residential nature of the area. Your comments and concerns regarding children safety will be addressed in the staff report and shared with the Hearing Examiner. I am sorry to hear about your experience with your HOA process. Sincerely, Cecile Malik Planner City of Auburn 25 W Main St Auburn, WA 98001 www.auburnwa.gov cmalik@auburnwa.gov P: 253-288-4301 | F: 253-804-3114 From: Matt Peterson <mpeterson333@gmail.com> Sent: Wednesday, April 25, 2018 3:51 PM To: Cecile Malik <cmalik@auburnwa.gov> Subject: Re: NOA for Maxx Beauty Studio - MIS18-0009 Hi Cecile, What I mean is this: The Applicant approached the HOA (3 people) about an exception to the CC&Rs. The HOA granted the exception. The HOA did not notify any of the other residents residents that it was doing this, nor did it communicate its endorsement of the business to any of the residents. The impact is this: since the HOA granted an exception to the CC&Rs in this case, there may now be legal precedent to have this done in other cases. The worst case scenario is that our street eventually becomes a commercial zone, within the confines of the law for our zoning. I don't Exhibit 10 Page 33 of 38 want every house running a business out of their home such that the street is no longer a safe place for my children. Thank you again for your timely responses. Matt On Wed, Apr 25, 2018 at 3:44 PM, Cecile Malik <cmalik@auburnwa.gov> wrote: Hi Matt, I’m not sure what you mean by the neighborhood being sold up the river by the HOA and how that affects the CC&Rs, if at all. But yes, comments are accepted via email and can be part of the record, so feel free to send your comments and concerns. They will be addressed in the staff report and shared with the Hearing Examiner. Sincerely, Cecile Malik Planner City of Auburn 25 W Main St Auburn, WA 98001 www.auburnwa.gov cmalik@auburnwa.gov P: 253-288-4301 | F: 253-804-3114 From: Matt <mpeterson333@gmail.com> Sent: Wednesday, April 25, 2018 2:59 PM To: Cecile Malik <cmalik@auburnwa.gov> Subject: Re: NOA for Maxx Beauty Studio - MIS18-0009 Hi Cecile, I’m apparently entirely incorrect. My HOA sold the neighborhood up the river without consulting any of the residents. The HOA also didn’t communicate to anyone that they did this. For the first time, I actually, somewhat regret moving to Auburn. None of this is your problem. Will you accept a letter for the record via email? If so, I may write something more detailed and send it your way. Thanks, Page 34 of 38 Matt On Apr 25, 2018, at 2:36 PM, Cecile Malik <cmalik@auburnwa.gov> wrote: Matt, You are most welcome. I hope that the HOA and the applicant will find resolution. Know that your concern will be noted in the staff report, which will be presented to the Hearing Examiner. Sincerely, Cecile Malik Planner City of Auburn 25 W Main St Auburn, WA 98001 www.auburnwa.gov cmalik@auburnwa.gov P: 253-288-4301 | F: 253-804-3114 From: Matt Peterson <mpeterson333@gmail.com> Sent: Wednesday, April 25, 2018 2:06 PM To: Cecile Malik <cmalik@auburnwa.gov> Subject: Re: NOA for Maxx Beauty Studio - MIS18-0009 Hi Cecile, Thank you for answering my questions completely and thoroughly. I find it very interesting that your understanding is that the applicant brought this before the HOA before submitting the application. My understanding is the exact opposite - that the HOA still has not been consulted about this application. In any case, I appreciate the information and your timely reply. Matt On Wed, Apr 25, 2018 at 1:54 PM, Cecile Malik <cmalik@auburnwa.gov> wrote: Good afternoon, Matt. Thank you for bringing your concern to the city. CC&Rs are private agreements between HOA and homeowners, and are not Page 35 of 38 enforced by the City, as they are enforced by the HOA. My understanding is that, before applying for the special home occupation permit, the applicant spoke with the HOA to verify that the occupation would be allowed. Upon confirmation of this fact, the applicant started the process with the City to obtain a special home occupation permit, to be in compliance with city codes and requirements. The City can only enforce and implement city codes, which are adopted by the Council. During the review process, the City does take neighbor’s concerns into account, but can only deny an application if it is not in compliance with City codes. Conditions can be put in place, and often are put in place, to mitigate impacts to the neighborhood, such as a limit to daily visits, a limit to hours of operations, etc. However, regardless of the City decision, the HOA has the authority to enforce their CC&Rs. This is a civil matter between HOA and Homeowners. Does the CC&R define "regular" visits? Is there a section that allows for limited visits to the lot? Is there any flexibility in the HOA to allow the occupation due to the limited hours and days of operation? That is for you, the rest of the HOA, and the homeowner/applicant to work out. I believe some HOA have some flexibility in how the interpret and enforce the CC&Rs. The city does not get involved though. It may be a good idea to arrange a meeting between the applicant and the HOA board to make a decision quickly, before the applicant incurs more costs by continuing the process, to determine whether the HOA will allow, restrict, or prohibit the proposed home occupation. I hope that this information is helpful to you, and please let me know if you have additional questions or concerns. Sincerely, Cecile Malik Planner City of Auburn 25 W Main St Auburn, WA 98001 www.auburnwa.gov cmalik@auburnwa.gov P: 253-288-4301 | F: 253-804-3114 From: Matt Peterson <mpeterson333@gmail.com> Sent: Wednesday, April 25, 2018 1:16 PM To: Cecile Malik <cmalik@auburnwa.gov> Page 36 of 38 Subject: NOA for Maxx Beauty Studio - MIS18-0009 Hi Cecile, Does the City of Auburn take into account HOA CC&Rs when approving or denying a Special Home Occupation Permit like this one? My neighborhood's CC&Rs specifically prohibit this (relevant portion highlighted below): <Excerpt from the Spencer Place HOA Declaration of CC&Rs as recorded with King County, 20150212000342> Article 12 Land Use Restrictions Section 1 - Residential Character of Property/Business and Commercial "Home" Use of Property No structure or building of any kind shall be erected, altered, placed, or permitted to remain on any Lot other than as a single-family residential dwelling and appurtenant structures. No trade, craft, business or manufacturing enterprise, or business or commercial activity of any kind shall be conducted or carried out in any house, garage, or with the Property itself, unless the following conditions are met: (1) the building associated with the business or commercial use must serve as the primary residence for that building's Owner; (2) no vehicle associated with the business or commercial use shall be parked outside of an enclosed garage for more than three days; (3) the existence of operation of the business is not apparent or detectable by sight, sound, or smell, from outside the building; (4) the business activity does not involve regular visitation of the Lot by clients, customers, suppliers, or other business invitees or door-to-door solicitation of Lot Owners; (5) no goods, equipment, vehicles, and/or materials and supplies used in connection with any trade, service, or business shall be kept, parked, or stored outside fo a building or garage, for more than three days without being removed; and (6) and the business obtains the necessary permits to operate on the lot and within the zone. Notwithstanding the foregoing, homecare for children shall be allowed as a permitted use, so long as authorized by the State of Washington; provided, however, than in no event shall a daycare be allowed. If the City of Auburn respects HOA CC&Rs as part of the Special Home Occupation Permit process, how is the application noted in the subject line even being considered? If the City of Auburn does not respect HOA CC&Rs as part of the Special Home Occupation Permit process, why not? Sincerely, Matt Peterson 11661 SE 318th Ct. 253-208-0474 The information contained in this electronic communication is personal, Page 37 of 38 privileged and/or confidential information intended only for the use of the individual(s) or entity(ies) to which it has been addressed. If you read this communication and are not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication, other than delivery to the intended recipient is strictly prohibited. If you have received this communication in error, please immediately notify the sender by reply e-mail. Thank you. The information contained in this electronic communication is personal, privileged and/or confidential information intended only for the use of the individual(s) or entity(ies) to which it has been addressed. If you read this communication and are not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication, other than delivery to the intended recipient is strictly prohibited. If you have received this communication in error, please immediately notify the sender by reply e-mail. Thank you. The information contained in this electronic communication is personal, privileged and/or confidential information intended only for the use of the individual(s) or entity(ies) to which it has been addressed. If you read this communication and are not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication, other than delivery to the intended recipient is strictly prohibited. If you have received this communication in error, please immediately notify the sender by reply e- mail. Thank you. Page 38 of 38