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225 4TH AVE S.pdf�,.CITY, OF EDMONDS :,',,BARBARA FAHEY MAYOR 250 STH AVENUE NORTH ­EDMONDS, WA 98020, 1206) 771-0220 FAX (206) �771-0221 COMMUNITY SERVICES DEPARTMENT reation Engine Public, Works e P anning 0 Parks and Rec ering Letter of Transmittal Date: April 511996 Ron McConnell Hearing Examiner S ubject: Hearing Examiner Meeting of 4/4/96 Tr6rismiOng Sign up sheet for AP-96-26, V-96-19', V-96-22 A CU-96-32 For Your Information: XX �s you requested: For your file: Comment: Note attachments: Sincerely, Diane M. Cunningham, Planning Secretary IncorporatedAugust 11, 1890, 0 8ister Cities International Hekinan, Japan 7 CITY:O F EDMONDS BARBARA FAHEY MAYOR MITH AVENUE NORTH - EDMONDS, WA 98020 (206) 771-0220 FAX 1206) 771-0221 COMMUNITY SERVICES DEPARTMENT Public Works Planning Parks and Recreation Engineering Letter of Transmittal Date: March 28,1996 To:. Basketball Trave lers Inc. 9233 Holman R&W Seattle, WA 98117 Subject CU-96-32 -Transmitting, Agenda & Staff Report for Hearing Examiner Meeting for 4/4/96 For Your Information: XX As you requested: For your file: Comment: Note attachments: Sincerely, Diane M. Cunningham, Planning Secretary cc: Debbie McCallum Lavine Moore Incorpordted August 11, 1890. Sist�r blies 'ati' al Flekinan Japa'n Intern, on CITY OF EDMONDS 250 5TH AVENUE NORTH EDMONDS, WA 98020 1206) 771-0220 FAX (206) 771-0221 HEARING EXAMINER BARBARA FAHEY MAYOR -C MDING% CONCLUSIONS AND DECISION Oe -ft 9 199 OF THE ]HEARING EXAMINER 6 PLAiftiNg Wr CrrY OF EDMONDS APPLICANT: Basketball Travelers CASE NO.: CU-96-32 LOCATION: 225 4th Avenue S. (see Exhibit A, Attachment 1). APPLICATION: A Conditional Use Permit to allow an Office in an Multi -Family Residential (RM-1.5) zone. This. office will occupy an existing building that has been a single-family residence in the past. REVIEWPROCESS: Conditional Use Permit; Hearing Examiner conducts public hearing and makes final decision. MAJOR ISSUES: 1. Compliance with Edmonds Community Development Code (ECDC) Section 16.50.010 (Multi -Family Residential - Uses). 2. Compliance with Edmonds Community Development Code (ECDC) Chapter 20.05 (CONDMONAL USE PERM]TS). SUMMARY OF RECOMMENDATION AND DECISION: Staff Recommendation: Approve with conditions Hearing Examiner Decision: Approve with conditions PUBLIC HEARING: After reviewing the official file which included the Planning Division Staff Advisory Report; and after visiting the site, the Hearing Exan-dner conducted a public hearing on the application. The hearing on the Basketball Travelers application was opened at 9:44 am., April 4, 1996, in the Plaza Room, Edmonds Library, Edmonds, Washington, and closed at 9:52 am. Participants at the public hearing and the exhibits offered and entered are listed in this report. A verbatim recording of the hearing is available in the Planning Division. Incorporated August 11, 1890 Sister Cities International — Hekinan, Japan Hearing Examiner Decision Case No. CU-96-32 Page 2 HEARING COMMENTS: The following is a summary of the comments offered at the public hearing. From the City: Steve Bullock, Assistant Planner, reviewed the staff report and recommended approval Of the application with conditions. He noted that the code would require two parldng s and that the applicant is proposing five stalls. From the Applicant: alk Nels Hawkinson explained what Basketball Travelers does and said there will be no w in or drive in clients. All of their work is done by phone, mail, fax, etc. From the Community: Gayle Crawford said she and her husband own two nearby residences and are concerned about having a business encroach into this quiet residential neighborhood. She felt that no matter how low the impact, the business is there will still be some impact on the residential neighborhood. She requested that the application be denied. CORRESPONDENCE: Carol Elwell wrote in Exhibit A, Attachment 5 to Exhibit A that she lives across the street from the subject property and that she is in agreement with the proposed conversion of the single family home to offices. DESCRIPTION OF PROPOSAL: The subject property is located at 225 4th Avenue South, and while developed as a single family detached house, the current proposal requests the approval of using the existing structure for an office. The applicant has stated in their declarations that their business would operate during typical business hours and that it would not generate any traffic due to the fact that all business is done over the phone. Approximately five parldrig stalls should be able to be provided off of the alley which will linut any impact to the neighborhood in the way of on street parking. A. Site Description 1. Site Development and Zoning: a) Facts: Hearing Exarniner Decision Case No. CU-96-32 Page 3 (2) Zoning- The zoning of the subject property is Multi-Fmily-Residential (RM-1.5) (see Exhibit A, Attachment 1). (3) Terrain and Vegetation: The subject property is flat with limited ornamental landscaping. 2. Neighboring Development and Zoning: a) Facts: (1) North: This area is currently zoned under the RM-1.5 zoning designation and is developed with single family homes (see Exhibit A, Attachment 1). (2) South: This area is currently zoned under the RM-1.5 zoning designation and is developed with single family homes (see Exhibit A, Attachment 1). (3) East: This area is currently zoned under the BC zoning designation and is developed with commercial businesses (see Exhibit A, Attachment 1). (4) West: This area is currently zoned under the RM-1.5 zoning designation and is developed with single family homes (see Exhibit A, Attachment 1). B. Edmonds Community Development Code (ECDC) Compliance 1. Compliance with ECDC Section 16.30.010 (MULTI -FAMILY RESIDENTIAL - USES) a) Fact: Officesare a permitted use requiring a conditional use permit in the RM-1.5 zone, per ECDC 16.30.010. b) Parldrig facilities are required to comply with provisions of ECDC Chapter 17.50 (Off - Street Parldng Regulations). c) Conclusion: 1. A conditional use is a use that has been legislatively determined to be allowed within a given zone if appropriate conditions can be imposed to ensure its compatibility with those uses which are permitted as matter of right within that zone. A conditional use thus carries a fairly heavy assumption of acceptability within the zone it includes. In consideration of any conditional use permit application, the Examiner is required to consider the degree of compatibility which would exist between the use and its particuhV surroundings and may impose such conditions as are necessary to ensure compatibility. If compatibility can be ensured, then the permit should be approved. 2. A Conditional Use Permit is required to allow the establishment of offices in a multi -family zone. If a Conditional Use Pern-At is granted, the use will be consistent with the Edmonds Community Development Code. Hearing Examiner Decision Case No. CU-96-32 Page 4 3. Parking provided for theproposed office shall comply with the Edmonds Community Development Code. 2. Compliance with Code (ECDC) Chapter 20.05 (CONDITIONAL USE PERMITS) a) Facts: 1. ECDC Section 20.05 contains the review and approval criteria for Conditional Use Permits. According to the aforementioned code section, "No Conditional Use Permit may be approved unless all the findings in this section can be made." 'Me findings are as follows: Compmftnsive PI - The proposed use is compatible with the Comprehensive Plan. Zoning_QV&g= - That the proposed use, and its location, is consistent with the purposes of the Zoning Ordinance and the purpose of the zone district in which the use is to be located, and that the proposed use will meet all the applicable requirements of the Zoning Ordinance. Not Delrimr,_ntal - That the use, as approved or conditionally approved, will not be significantly detrimental to the public health, safety and welfare, and to nearby private property or improvements unless the use is a public necessity. 0 TranLf=_biIijy -The Hearing Examiner shall determine whether the conditional use permit shall run with the land or shall be personal. 2. The applicants have stated in their declarations the following: o No additions to the existing house will be associated with this permit; • No walk-in traffic; • No sips on the property; • Hours of operation 7:30 am - 6 pm; • Five parking stalls will be provided on site. b. C&nqIM_iQnj: 1. See Section B4 of this report for a discussion on how this proposal is consistent with the Comprehensive Plan for the City of Edmonds. 2. See Section B1 of this report for a discussion on how this proposal is consistent with the Zoning Code for the City of Edmonds. Hearing Examiner Decision Case No. CU-96-32 Page 5 3. Due to the description of the proposed office and how it win be run, this proposal will have no significant impact to surrounding properties. Therefore, the proposed office will not be detrimental to the public health, safety and welfare. 4. The permit should be transferable. 5. Ile conditional use permit for an office should be approved because it complies with the criteria for a Conditional Use Permit. 3. Compliance with ECDC Section 17.50 (OFF-STREET PARKING REGULATIONS) a. Facts: 1. An analysis of the proposed office and the ECDC parking requirement reveals that 2 parking stalls will be required. 2. 7he site plan indicates five parking spaces will be provided on the east side of the site off of the alley (see Exhibit A, Attachment 3). b. Conclusion: 1. The parking requirement for an office of this size is met by the current proposal. 4. Compliance with the City of Edmonds Comprehensive Plan a. Facts: The City of Edmonds Comprehensive Plan has some goals and policies stated in the Land Use element under Commercial Land Use which relate to the subject development proposal. 1. Commercial Land Use A. "..* is essential thatfuture commercial developments continue to harmonize and enhance the residential small town character of Edmonds that its citizens so strongly desire to retain. By the same token, the City should develop a partnership with business, citizens and residents to help it grow andprosper..." 2. Commercial Land Use B.4. "The design and location of all commercial sites should provide for convenient and save access for customers, employees and suppliers." 3. Commercial Land Use B.5. "All commercial developments should be carefilly located and designed to eliminate or minimize the adverse impacts of heavy v47c volume and other related problems on surrounding land uses." Hearing Examiner Decision Case No. CU-96-32 Page 6 b. Conclusions: L The proposed building and use is located in a high density residential area, adjacent to the Mixed Use Commercial designation on the comprehensive plan and is therefore consistent with the comprehensive plan for its location. 2. Ile proposal is located in an area which provides for convenient and save access for all those who may use the facility. 3. The proposed project is consistent with the Comprehensive Plan and the High Density Residential and Mixed Use Commercial designation. C. TECHNICAL COMMITTEE 1. The proposed Conditional Use Permit has been reviewed and evaluated by other Departments/Divisions of the City. a. The Engineering Department stated their concern that tandem parking would not be allowed. Also, parking stalls located on the paved area to the east of the building must be striped to keep tandem parking from occurring. 011MM-OR Based upon the foregoing findings and conclusions, the application for a variance is approved, subject to the following conditions. 1 . This application is subject to the applicable requirements contained in the Edmonds Community Development Code. It is the responsibility of the applicant to ensure compliance with the various provisions contained in these ordinances. 2. This permit shall be valid for a period of one year from the date of approval of the Conditional Use Permit to the date of submittal for any Building Permits or a Business License. An allowance for one extension of one year is possible if approved by the Community Development Director. 3. This permit shall be good for any proposed office use that will not provide any on site customer service or merchandise. Any business wishing to make use of this Conditional Use Permit on this property would not be able to do so without demonstrating their ability to have the same impact or less than the proposed Basketball Travelers office. Any office, use which will entail customers or clients coming to the subject building will need to go through a separate Conditional Use Permit review. 4. Striping must be provided across the parking area adjacent to the alley to demark each stall at 8%' x 18' and keep tandem (head to tail) parking from occurring. Hearing Examiner Decision Case No. CU-96-32 Page 7 5. The permit is transferable, except as noted in Condition #3 above. Entered this 8th day of April, 1996, pursuant to the authority granted the Hearings Examiner under Chapter 20. 100 of the Community Development Code of the City of Edmonds. Ve".1 Ilk 0 Ron McCondell Hearing Examiner RECONSEDERATION AND APPEALS: The following is a summary of the deadlines and procedures for filing reconsiderations and appeals. Any person wishing to file or respond to a recommendation or appeal should contact the Plamung Department for further procedural information. Section 20.100.010.0 allows for the Hearing Examiner to reconsider his decision or recommendation if a written request is filed within ten (10) working days of the date of the initial decision by any person who attends the public hearing and signs the attendance register and/or presents testimony, or by any person holding an ownership interest in a tract of land which is the subject of such decision or recommendation. The reconsideration request must cite specific references to the findings and/or the criteria contained in the ordinances governing the type of application being reviewed. B. APPEALS: Section 20.105.020.A & B describe how appeals of a Hearing Examiner decision or recommendation shall be made. The appeal shall be made in writing, and shall include the decision being appealed along the name of the project and the date of the decision, the name of the individual or group appealing the decision, their interest in the matter, and reasons why the appellant believes the decision to be wrong. The appeal must be filed with the Community Development Director within ten (10) working days after the date of the decision being appealed. EXHIBITS: The following exhibits were offered and entered into the record. A. Planning Division Advisory Report with five attachments B. Basketball Travelers, Inc. Brochure TABLE OF CONTENTS Section Page I. INTRODUCTION .................................................................................................................................................... 2 A. APPLICATION ............................................................................................................................................... 2 B. DESCRIPTION OF PROPOSAL ......................................................................................................................... 2 C. RECOMMENDATIONS ................................................................................................................................... 2 11. FINDINGS OF FACT AND CONCLUSIONS ................................ . ............................................... ................... 3 A. SITE DESCRIPTION ....................................................................................................................................... 3 B. EDMONDS COMMUNITY DEvELOPMENT CODE (ECDC) COMPLIANCE ........................................................ 3 C. TECHNICAL COMMITTEE .............................................................................................................................. 5 III. RECONSIDERATIONS AND APPEALS ................................................................................................ ......... 5 A. REQUEST FOR RECONSIDERATION ............................................................................................................... 5 B. APPEALS ...................................................................................................................................................... 6 IV. LAPSE OF APPROVAL ...................................................................................................................................... 6 V. APPENDICES ......................................................................................................................................................... 6 VLPARTIES OF RECORD ....................................................................................................................................... 6 1. This application is subject to the applicable requirements contained in the Edmonds Community Development Code. It is the responsibility of the applicant to ensure compliance with the various provisions contained in these ordinances. 2. This permit shall be valid for a period of one year from the date of approval of the Conditional Use Permit to the date of submittal for any Building Permits or a Business License. An allowance for one extension of one year is possible if approved by the Community Development Director. 3. This permit shall be good for any proposed office'use that will not provide any on site customer service or merchandise. Any business wishing to make use of this Conditional Use Permit on this property would not be able to do so without demonstrating their ability to have the same impact or less than the proposed Basketball Travelers office. 4. Striping must be provided across the parking area adjacent to the alley to demark each stall at 81/2' x 18' and keep tandem (head to tail) parking from occurring. 5. The permit should be transferable. 77 ie*thall Tmvelers' �j File No. CIU-96-32 Page 3 of 6! r S OF FACT ANUCONCLUSIONS i tiOn A -Destrip .—Site, t..�"Sitebevelo�ment Neighboring Development And Zoning: a)- FActs: 'A (1), &g. The su, are of 5,400 square feet (see Attachments 1 &3). bject property is a squ tly ed with a single-family residence. (2)', Land Use: The property is curren develop 141 (2l) Zoning The zoning. of the subject property is Multi-Farnily-Residential (RM'1.5)' (see Attachment 1). (4) Terraiii and Vegetatiow, The subject property is flat with limited ornamental landscaping. 2. Surrounding Devel and Zonmg: opment a) Facts: (1) North: This area is currently zoned under the RM-1.5 zoning designation and, is developed with single family homes (see Attachment 1). (2) South:, This area is currently zoned under the RM-1.5 zoning designation and is developed with single family homes (see Attachment 1). (3) West: This area is currently zoned under the RM-1.5 zoning designation and is, developed with single family homes (see Attachment 1). r (4) East: This area is currently zoned under the BC zoning designation and is developed with commercial businesses (see Attachment 1). B.* Edmonds Community Development Code (ECDC) Compliance 11. Compliance with ECDC Section 16.30.010 (MULTI -FAMILY RESIDENTIAL - USES) a) Facts: (1) Offices are a permitted use requiring a conditional use permit in the RM-1.5 zone, per ECDC 16.30.010. (2) Parking facilities are required to comply with provisions of ECDC Chapter 17.50 (Off -Street Parking Regulations). b) Conclusions: (1) A Conditional Use Permit is required to allow the establishment of offices in a multi- family zone. If a Conditional Use Permit is granted, the use will be consistent with the Edmonds Community Development Code. (2) Parking provided for the proposed office shall comply with the Edmonds Community Development Code. Basketball Travelers File No. CU-96-32 Page 4 of 6 2. Compliance with Code (ECDC) Chapter 20.05 (CONDITIONAL USE PERMITS) a) Facts: (1) ECDC Section 20.05 contains the review and approval criteria for Conditional Use. al rmit Permits. According to, the aforementioned code section, "No Condition Use Pe may be approved unless all the findings in this section can be made." The findings are as follows: 0 CompEe—hensive Plan - The proposed use is compatible with the Comprehensive Plan. Zoning Ordinance - That the proposed use, and its location, is consistent with the purposes of the Zoning Ordinance and the purpose of the zone district in which the use is to be located, and that the proposed use will meet all the applicable requirements of the Zoning Ordinance. Not Detrimental -That the use, as approved or conditionally approved, will not be significantly detrimental to the public health, safety and welfare, and to nearby private property or improvements unless the use is a public necessity. 0 Transferability - The Hearing Examiner shall determine whether the conditional use permit shall run with the land or shall be personal. (2) The applicants have stated in their declarations the following: W No additions to the existing house will be associated with this permit; No walk-in traffic; No signs on the property; 0 Hours of operation 7:30am-6pm; 0 Five parking stalls will be provided on site. b) Conclusions: (1) See Section 11.13.6 (page 5) of this report for a discussion on how this proposal is consistent with the Comprehensive Plan for the City of Edmonds. (2) See Section 11.13.1 (page 3) of this report for a discussion on how this proposal is consistent with the Zoning Code for the City of Edmonds. (3) Due to the description of the proposed office and how it will be run, this proposal will have no significant impact to surrounding properties. Therefore, the proposed office will not be detrimental to the public health, safety and welfare. (4) The permit should be transferable. (5) The conditional use permit for an office should be approved because it complies with the criteria for a Conditional Use Permit. 3. Compliance with ECDC Section 17.50 (OFF-STREET PARKING REGULATIONS) a) Ea_ck-. (1) An analysis of the proposed office and the ECDC parking requirement reveals that 2 parking stalls will be required, (2) The site plan indicates five parking spaces will be provided on the east side of the site off of the alley (see Attachment 3). Basketball Travelers File No. CU-96-32 Page 5 of 6 b) Conclusion: (1) The parking requirement for an office of this size is met by the current proposal. 4. Compliance with the City of Edmonds Comprehensive Plan a) Facts: The City of Edmonds Comprehensive Plan has some goals and policies stated in the Land Use element underCommercial Land Use which relate to the subject development proposal. (1) Cominercial Land Use A . ..... It is essential that future commercial developments continue to harmonize and enhance the residential small town character of Edmonds that its citizens so strongly desire to retain. By the same token, tile City should develop a partnership with business, citizens and residents to help it grow and prosper.. (2) Commercial Land Use BA. "The design and location of all commercial sites should providefor convenient and save accessfor customers, employees and suppliers. (3) Commercial Land Use B.5. "All commercial developments should be carefully located and designed to eliminate or minimize the adverse impacts of heavy traffic volume and other related problems on surrounding land uses. (4) The Comprehensive Plan designates the subject property High Density Residential. b) Conclusions: (1) The proposed building and use is located in a high density residential area, adjacent to the Mixed Use Commercial designation on the comprehensive plan and is therefore consistent with the comprehensive plan for its location. nt and save access for (2) The proposal is located in an area which provides for convenie all those who may use the facility. (3) The proposed project is consistent with the Comprehensive Plan and the High Density Residential and Mixed Use Commercial designation. C. Technical Committee 1. The proposed Conditional Use Permit has been reviewed and evaluated by other Departments/DiVisions of the City. a) The Engineering Department stated their concern that tandem parking would not be allowed. Also, parking stalls located on the paved area to the east of the building must be striped to keep tandem parking from occurring. RECONSIDERATIONS AND APPEALS ne following is a summary of the deadlines and procedures for filing reconsiderations and appeals. Any person wishing to file or respond to a recommendation or appeal should contact the Planning Department for further procedural information. A. Request for Reconsideration Section 20.100.010.G allows for the Hearing Examiner to reconsider his decision or recommendation if a written request is filed within ten (10) working days of the date of the initial decision by any person who attends the public hearing and signs the attendance register and/or presents testimony or by any person holding an ownership interest in a tract of land which is the subject of such decision or recommendation. The reconsideration request must cite specific references to the findings and/or the criteria contained in the ordinances governing the type of application being reviewed. CU-9632.DOC March 27, 1996 1 Staff Report 7. 7-", �J -�:U A ... ...... . '"'S&ti6iv2dA6.6i6.Akt d6sc 'be h, 9W,appea� of a Hep4pg: xaniinif decision or 'th -a balf� I d e recbminthdAtionshall'b6 ng,ap ,s mp u e fal iiiii 6 e 'of the pirojcct and the date of the de6i�ib'ii, the name, . d ce!�i9ribeipgappealei , otigy �am -th th 'matter, �aid r6ai6us'Wh th 'o the—midiviidudl or group appp mg theZecision, eir interest in e , g.,: a 41 �b ije�iiiihe:&ciii6n to be widn e appe must be'filed,witkthe ommunity.,r ppe an 'died" k jd4.saftqrth f th' di I' ment Direct , be* or wl I Deve.op 'th n1en f 10) wor in e,datep— e ecision ing appe ]N`�'�,'i,`,.'-.LAPSE OF, APPROVAL. 'd or, I n io,. building. is req 'Section-20.0 .020.0 states Iinless the.owneiobtains a-inuldi Ulre Pg pennit; b- th se Alowed. Within one yeaTfrom the date otapprov4:' 0— con'ditiouiluii su stano y�,cpmrnqnces, , e u_ pe , runt shall expire and be null and voldi unkss tlie' owner files',an application for,an extension:of the time, re:,tbe expiration ate., V `��CES Attachments I through 5 are attached Zoning M and ap -2. :-App'iicati on, I Applicant's Declarati on 4.,:' Site Plan -Mrs. C. :5' Letter from arol P., t1well: VI PARTMS OF RECORD: Appl lannik Division Engineering Divisioh: Mrs Carol P. Elwell: �,,CU-9631.DOC Mirc 27.40961�idik- CPO lication C) ARCHITECTURAL DESIGN BOARD Q COMP PLAN AMENDMENT b-'60NDITIONAL USE PERMIT 0 HOME OCCUPATION L3 FORMAL SUBDIVISION Ll SHORT SUBDIVISION 0 LOT LINE ADJUSTMENT 13 PLANNED RESIDENTIAL DEVELOPMENT 0 OFFICIAL STREET MAP AMENDMENT STREET VACATION E3 REZONE L3 SHORELINE PERMIT 13 VARIANCE / REASONABLE USE EXCEPTION L3 OTHER FILE ZONE ko 5 DATE '3 44 REC'D BY v FEE 16q' —RECEIPT# 2 49 T? RING DATE HE Q STA, FF Q PB 13 AD13 Q CC ACTION TAKEN: Applicant'-�94"vA;��"j� 27,x­ Phone ztx. Address—Jz!;s +-Wkwp-� (2A A.)tJ 1p'lrf .44,1, Ave - Property Address or Location -z1z:5 Property Owner VP- , [-�' Phone c) 7, Address =5 +4iA A,,e- S, Agent el Phone '9 3�5 - 5C)C� 0 Address_ 2_19oR lzc, TaxAcc#- Z-2vz..-i o-�,4- ol-4- oo oz-�.-k Sec.Z-+P Twp. Z3 Rng. jaZz,� Legal Description ?-T-Z-1A--v &r- - - 5 pi� a cort 04--4-MA3 d 41""T' � t- 2�Z I Details of Project or Proposed Use oq-lct' SQC�-C­*- L, ea-1. The undersigned applicant, and his/ her/ its heirs, and assigns, in consideration of the processing of the application agrees to release, indemnify, defend and hold the City of Edmonds harmless from any and all damages, including reasonable attorney's fees, arising from any action or infraction based in whole or in part upon false, misleading, inaccurate or incomplete information fumished by the applicant, his/ her/ its agents or employees. The undersigned applicant grants his/ her/ its permission for public officials and the staff of the City of Edmonds to enter the subject property for the purpose of inspection and posting attendant to tois application. f- 2 -32 -5 BASKETBALL TRAVELERS.INC March 12,1996 city of Edmonds Jeff Wilson 250 5th Avenue N Edmonds, WA 98020 Dear Jeff, '?Atetile I? IRS$ 9233 Holman Road NIN Seaftle, WA USA 98117 Phone: (206) 781-1774 Fax: (206) 781-0557 The purpose of this letter is to give you our criteria for a conditional use permit. We have already completed the other required application procedures and now submit our criteria: A. Comp,6=hmEw - The proposed use of the property at 225 4th Avenue South is consistent with this plan. B. Zming ordinance - The proposed use and ifs location are consistent with the purposes of the zoning ordinance and the zone district in which the use is to be located. The proposed use will meet all applicable requirements of the zoning ordinance. C. Not Detrim - Basketball Travelers, Inc. is a business that communicates with its clients by phone, fax, or visits on the campuses of various NCAA universities across the USA. There is no walk-in traffic! To express to you that having our business located on this site will not be rty detrimental to the public health, safety, and welfare, or to near -by private prope , I give you the following: 1. We will not make any building additions, this house will remain the same as it is now. 2. There is no walk-in traffic coming to the house. 3. We have 7 employees, of which 2 are part-time. There are 5 paved parking places on the lot in addition to a 2 car garage, so all vehicles will be parked on the property. We will not need on street parking. My partner commutes from Bremerton and will walk from the ferry, so he will not have a car. 4. No signs of any kind will be posted outside of the property or in the windows of said property. 5. All of the property on the east side of this property is zoned for commercial use. There are full-time businesses presently on this same street: one is located just one house away on the same side of the street and the businesses are on the comer, kiddy -comer, across the same street. They have signs, walk-in clients, etc., which we will not have. 6. Our employees work 7-8 hours between the hours of 7:30am-6pm. We are not there at night, so we would not disturb any neighbors. In addition, we will not have parties or any other types of functions at nights that would upset any neighbors. ATTACHMENT 3 File No. CU-96-32. . cow Vf I It. !-7f 0 A.Y.M. A 4F ...... ID, Z > 0 0 /-or 27o7:: JtF .CEIVF—v 0 e— ..Ejclsr -Bt.DCS. III -Se Remrm&j) - 1235 5.,=. I PA 10 P-T'l ly //. &tIt "776-474,5 If Vita #38 March 11, 1996 �Or. Dear 1�4r. Wilson, I have enclosed copies of the two real-estate transactions to show you how imperative it is that "Basketball Travelere' are on the calendar for at least the April 4th public hearing. Through misinformation from the City Permit Coordinator my clients structured a purchase and sale agreement on -h t] the property at 225 4th South, and it is only throug he generosity of the current owner, Mrs. Lavaina Moore, that we still have until April 15th to obtain a conditional use permit. Because our original language stated that we were going after "a residence for use as a business" she could rescind our contract at any time, and as the second is $13,000 higher, I know you would agree that most citizens would. My clients, Mr. Hawkinson and Mr. Holden, originally met and spoke with the city on two different occasions before presenting an offer to purchase the aforementioned property and have attempted with due diligence to comply with city requirements. Our original intentions, based on what we were told, was to obtain a permit for "residential/business use." Because it was only to take two to three weeks, we established an early closing date, contractually agreed upon by all parties. My purchasers then spent time and financial resources to satisfy the required conditions. When Mr. Holden made a last trip to the city on Friday, March 8, to clarify the handicap requirements he met with confusion on the part of your employees. The result was that he was told that the original information he had received was erroneous and that it was necessary to obtain a conditional use permit.