HomeMy WebLinkAbout01-15-2020 HE Decision - Rachel Smith 32511 108th AVE SE 0 5ik0.9'
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BEFORE THE HEARING EXAMINER FOR THE CITY OF AUBURN
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Phil Olbrechts, Hearing Examiner
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RE: Skin Savvy
4 FINDINGS OF FACT, CONCLUSIONS
5 Special Home Occupation OF LAW AND DECISION.
Permit
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MIS 19-0010
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9 INTRODUCTION
10 The Applicant has requested a Special Home Occupation Permit (SHOP) for a skin
care business within an existing single-family residence located at 32511 108th Ave
11 SE. The permit is approved with conditions.
12 TESTIMONY
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Dustin Lawrence, City of Auburn Planner, summarized the staff report.
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Rachel Smith, Applicant, stated she was happy to not have any clients during the PM
15 peak hour between 4 pm and 6 pm to avoid paying traffic impact fees. She confirmed
16 that she will only have one customer at a time and that she has an approved septic
system serving her property.
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EXHIBITS
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Exhibits 1-6 identified in the Exhibit List at Pages 8 of the December 30, 2019 Staff
19 Report were admitted during the January 15, 2020 hearing. Mr. Lawrence's power
20 point was admitted as Ex. 7.
21 FINDINGS OF FACT
22 Procedural:
23 1. Applicant. Rachel Smith, 32511 108th Ave SE, Auburn, WA 98092.
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2. Hearing. The Hearing Examiner conducted a hearing on the application at
25 5:30 p.m. at the City Council chambers at Auburn City Hall on January 15, 2020.
Special Home Occupation Permit p. 1 Findings, Conclusions and Decision
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2 Substantive:
3 3. Site/Proposal Description. The Applicant has requested a Special Home
4 Occupation Permit (SHOP) for a skin care business within an existing single-family
residence located at 32511 108th Ave SE. The single-family residence has an attached
5 2-car garage,two paved off-street parking spaces (driveway spaces), one graveled off-
street parking space, and is located on an approximately 0.23-acre parcel ("Site") per
6 King County Department of Assessments website and the City's GIS aerial imagery.
The business will employ one resident-owner who will provide skin care services to
7 one customer at a time between the hours of 9 am to 6pm. The business will occupy
8 approximately 425 square feet of the Applicant's 2,160 square foot home. No
equipment or commercial vehicles will be used for the business. No exterior or interior
9 alterations to the home will be involved. No sign is proposed There will be no outdoor
storage of materials.No animals will be maintained on the premises.
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11 4. Characteristics of the Area. The subject property is surrounded by single-
12 family homes on R-5 zoned property.
13 5. Adverse Impacts. There are no significant adverse impacts associated with
the proposal. As conditioned, the subject use mitigates all potential adverse impacts.
14 The proposal is exempt for State Environmental Policy Act review. Pertinent impacts
15 are addressed as follows:
16 A. Traffic.No traffic impacts are anticipated. The Applicant proposes a maximum of
five or less two-way client trips per day. According to the Applicant, the planned
17 trips are anticipated to be less than five two-way. The conditions of approval
require the Applicant to pay traffic impact fees as applicable for trips generated
18 during the PM trip hour, which is designed to off-set proportionate share impacts
19 to the City's transportation system. The conditions of approval authorize the
Applicant to avoid payment of impact fees by not taking customers during the PM
20 peak.hour.
21 B. Parking. No parking impacts are anticipated. Off-street parking is sufficient to
accommodate the anticipated number of clients. The Applicant has five spaces;two
22 (2) off-street parking spaces in the garage, two (2) in the driveway, and one (1)
23 within a graveled area abutting the driveway. The home occupation will be
conducted in such a manner that will reserve two off-street parking spaces for the
24 home and thus not reduce the home's required two parking spaces. Parking for
clients will be provided by one (1) off-street parking space. Since the proposal
25 satisfies both the parking standard for single-family residential use and also
provides sufficient off-street parking for business clients, the proposal is found to
not create any adverse parking impacts.
Special Home Occupation Permit p. 2 Findings, Conclusions and Decision
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C. Compatibility. The proposal is compatible with surrounding uses. The proposed
2 business will not be noticeable to neighbors except for parking by clients,who will
3 be limited to one vehicle at a time except perhaps during transition periods from
one appointment to another. The proposed business does not appear to involve any
4 noise or any other activity that could disrupt enjoyment of neighboring properties.
5 CONCLUSIONS OF LAW
6 Procedural:
7 1. Authority of Hearing Examiner. ACC 18.60.040(A)(3) and ACC 18.60.040(A)(6)
grants the Hearing Examiner with the authority to review and make a recommendation
8 on special home occupation permits for personal service shops.
9 Substantive:
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2. Zoning Designation. The property is currently zoned R5.
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3. Review Criteria and Application. The criteria for special home occupation
12 permits are governed by ACC 16.60.40.ACC 16.60.040(A)(2)requires a special home
13 occupation permit (SHOP) for personal service shops, which includes skin care
businesses. The Applicant is required to meet at least 11 of the 13 criteria specified in
14 ACC 18.60.020(A)-(M). As outlined below, the Applicant meets all 13 criteria. The
criteria for the special home occupation permit are quoted below and applied via
15 associated Conclusions of Law.
16 ACC 18.60.020: Home occupations are required to have a business license as issued
17 by the city, comply with all city codes and ordinances, and shall be consistent with the
following provisions:
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A. Only members of the immediate family residing on the premises and no more than
19 one nonresident may be employed at any one time;provided, that home occupations
with a nonresident employee shall provide off-street parking for the employee on site;
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21 4. The only employee will be the Applicant. This criterion is satisfied.
22 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
23 in terms of power, quantity, noise, emissions and type);
24 5. No equipment is proposed. This criterion is satisfied.
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C. Not more than one-fourth of the floor area of any building is devoted to such
occupation, except for bed and breakfasts;
Special Home Occupation Permit P. 3 Findings, Conclusions and Decision
6. The Applicant proposes to use 425 square feet of her 2,160 square foot
1 home for her business, which is less than a fourth of the floor area of the home. This
2 criterion is satisfied.
3 D. That such occupation shall not require internal or external alteration or involve
construction features not customarily found in a dwelling;
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7. No interior or external alterations to the home are proposed. This criterion
5 is satisfied.
6 E. The home occupation shall not involve the use of personal commercial vehicles as
7 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
8 limitation provided such pickup or delivery does not exceed twice per day;
9 8. No commercial vehicles will be used in the operation of the proposed home
10 occupation. This criterion is satisfied.
11 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
12 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
13 occupation permit pursuant to ACC 18.60.040;
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9. As outlined in Finding of Fact No. 5B,the proposal will not reduce or render
15 unusable areas provided for required off-street parking. This criterion is satisfied.
16 G. Only one sign is permitted, not to exceed 18 inches by 24 inches in area,
17 nonilluminated, and attached to a building except that home occupations in
commercial or industrial zones may have signs consistent with the applicable zoning
18 district;
19 10. No sign is proposed. This criterion is satisfied.
20 H No display pertaining to the occupation, other than the one permitted sign, is visible
21 from the street or adjacent residences;
22 11. No displays other than the permitted sign are proposed. This criterion is
satisfied.
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I. No more animals are maintained on the premises than what may otherwise be
24 permitted in the zone;
25 12. No animals will be maintained on the premises. This criterion is satisfied.
Special Home Occupation Permit p. 4 Findings, Conclusions and Decision
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a
a
J. Except for bed and breakfasts, employee and customer visits shall be limited to the
1 following hours of operation:
2 1. Employees from 8:00 a.m. to 6:00 p.m. Monday through Friday and from 9:00
3 a.m. to 6:00 p.m. on Saturday and Sunday,
4 2. Customers from 9:00 a.m. to 6:00 p.m.;
5 13. The business will provide services between the hours of 9 am and 6 pm.
6 This criterion is satisfied.
7 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
8 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;
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10 14. As noted in Finding of Fact 5A,the Applicant proposes only five client two-
way trips per day. This criterion is satisfied.
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L. Outdoor storage of materials, goods,products or equipment is not allowed;
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15. No outdoor storage of materials, goods,products or equipment is proposed.
13 This criterion is satisfied.
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M. The home occupation is to be conducted in such a manner that the residence shall
15 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
16 result in traffic impacts inconsistent with the character of the area in which the home
17 occupation is located.
18 16. No exterior alterations are proposed. With the exception of client parking
for one vehicle and perhaps two during transition times between clients, there will be
19 no exterior suggestion that a business is being conducted in the home. As such, the
Applicant's home will maintain its appearance and principal function as a single-family
20 residence. This criterion is satisfied.
21 ACC 18.60.040(B): In considering applications for special home occupation permits,
22 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
23 examiner unless the hearing examiner finds that:
24 1. The authorizing of such special home occupation permit will not be materially
25 detrimental to the public welfare or injurious to the property in the zone or vicinity
in which the property is located; and
Special Home Occupation Permit P. 5 Findings, Conclusions and Decision
17. As outlined in Finding of Fact No. 3 and 5, there will be no materially
1 detrimental effect on the public welfare or injury to property in the zone or vicinity.
2 Operational hours will be limited. Adequate off-street parking exists. The look and
character of the property will remain predominantly single-family residential. This
3 criterion is satisfied.
4 2. The authorization of such special home occupation permit will be consistent with
the spirit and purpose of this title.
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6 18. The City's Home Occupation code allows home occupations in any zone in
which dwellings are present. A resident of the dwelling unit must conduct the home
7 occupation. The business must be conducted in such a manner that the residence shall
not differ from its residential character either by use of colors, materials, construction,
8 lighting,signs or the emissions of sounds,noises,vibrations or odors,or result in traffic
impacts that are inconsistent with the home occupation's surrounding area (ACC
9 18.60.010). The owner of the home occupation will reside at the dwelling. The only
10 external indication a home occupation will exist on the site is nominal parking of
clients. A Special Home Occupation must comply with at least 11 of the 13
11 requirements of ACC 18.60.040. The proposed SHOP complies with all 13 of the 13
requirements. For all these reasons, the proposed SHOP will be consistent with the
12 spirit and purpose of the title.
13 DECISION
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The SHOP complies with all applicable criteria for the reasons identified in the
15 Conclusions of Law as conditioned below and is therefore approved. The conditions
of approval are as follows:
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17 1. The home occupation shall only operate between the hours of 9 AM and 6 PM in
accordance with the hours of operation for student/client visits criteria of ACC
18 18.60.020(J).
19 2.As the Applicant has proposed client visits within the weekday PM peak hour(4 PM
to 6 PM), a traffic impact fee of$4,661.34 per trip will be required before issuance of
20 the City business license. Should the applicant modify the operating hours of the
21 business.by having the last weekday appointment end before 4 PM, the traffic impact
fee will not be required.
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23 Dated this 15th day of January 2020.
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25 Phil A. Olbrechts
City of Auburn Hearing Examiner
Special Home Occupation Permit p. 6 Findings, Conclusions and Decision
APPEAL RIGHT AND VALUATION NOTICES
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2 This decision is final subject to appeal to superior court as governed by Chapter 36.70C
RC W.
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Affected property owners may request a change in valuation for property tax purposes
4 notwithstanding any program of revaluation.
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Special Home Occupation Permit p. 7 Findings, Conclusions and Decision