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HomeMy WebLinkAbout01-15-2020 HE Decision - Rachel Smith 32511 108th AVE SE 0 5ik0.9' 1 BEFORE THE HEARING EXAMINER FOR THE CITY OF AUBURN 2 Phil Olbrechts, Hearing Examiner 3 RE: Skin Savvy 4 FINDINGS OF FACT, CONCLUSIONS 5 Special Home Occupation OF LAW AND DECISION. Permit 6 MIS 19-0010 7 8 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 13 Dustin Lawrence, City of Auburn Planner, summarized the staff report. 14 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. 17 EXHIBITS 18 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. 24 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 1 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. 10 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 1 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: 10 2. Zoning Designation. The property is currently zoned R5. 11 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: 18 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; 20 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. 25 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; 4 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; 14 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. 23 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 I .. 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; 9 10 14. As noted in Finding of Fact 5A,the Applicant proposes only five client two- way trips per day. This criterion is satisfied. 11 L. Outdoor storage of materials, goods,products or equipment is not allowed; 12 15. No outdoor storage of materials, goods,products or equipment is proposed. 13 This criterion is satisfied. 14 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. 5 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 14 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: 16 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. 22 23 Dated this 15th day of January 2020. 24 25 Phil A. Olbrechts City of Auburn Hearing Examiner Special Home Occupation Permit p. 6 Findings, Conclusions and Decision APPEAL RIGHT AND VALUATION NOTICES 1 2 This decision is final subject to appeal to superior court as governed by Chapter 36.70C RC W. 3 Affected property owners may request a change in valuation for property tax purposes 4 notwithstanding any program of revaluation. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Special Home Occupation Permit p. 7 Findings, Conclusions and Decision