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CU-11-74 Staff Report with Attachments.pdf121 5ch Avenue North, Edmonds WA 98020 Phone: 425.771.0220 ® Fax: 425.771.0221 ® Web: www.edmondswa.gov DEVELOPMENT SERVICES DEPARTMENT ® PLANNING DIVISION Project: Bannister Home Occupation File Number: PLN20110074 Date of Report: April 19, 12 From: ����%'�.� � eennifer Machuga, Associate Planner Proposal: Application for a conditional use permit for a home occupation located at 1820176"' Avenue West. I. SUMMARY OF PROPOSED ACTION: The applicant, Jonathan Bannister, has applied for a conditional use permit for a home occupation located at 18201 76t1'Avenue West. The proposed home occupation includes one-on-one instruction and coaching in a variety of classical Japanese martial and cultural arts. The site is located within the Single -Family Residential (RS -12) zone. Since the proposed home occupation will include visits to the site by customers, an administrative (Type II) conditional use permit is required in order to establish the home occupation. The applicant submitted various materials in support of the subject application, including a land use application form, cover letter, site plan, photographs, and other supporting materials which are included as attachments and are referenced throughout this report. The following is staff's analysis of the project and decision. 1. Owner: Jonathan and Wendy Bannister (Attachment 1) 2. Applicant: Jonathan Bannister (Attachment 1) 3. Tax Parcel Number: 00370800300401 4. Location: 18201 — 76'h Ave. W, Edmonds (Attachment 2) Page I of 11 File No. PLN20110074 Administrative Conditional Use Permit Bannister Home Occupation 5. Zoning: Single -Family Residential (RS -12) (Attachment 2) 6. Existing Use: The site contains an existing single-family residence. 7. Proposed Use: The applicant has proposed to have a home occupation as a secondary use in conjunction with the existing single-family residential use. The proposed home occupation includes one-on-one instruction and coaching in a variety of classical Japanese martial and cultural arts. 8. Review Process: Pursuant to ECDC 20.20. 010(13) a home occupation that does not meet one or more of the requirements of subsection 20.20.010(A) may be approved as a staff conditional use permit (Type II decision) as long as it is found to comply with the criteria of ECDC 20.20.010(B). As such, staff will review the proposal and will make the final decision on whether the proposal is consistent with the criteria found in ECDC 20.20.010(B). III. APPLICATION MATERIALS: The land use application is included as Attachment 1. Staff has prepared a zoning and vicinity map, which is included as Attachment 2. With the application submittal, the applicant provided a cover letter (Attachment 3) indicating how he feels that the proposal is consistent with the applicable review criteria of ECDC 20.20. The original application materials also included a site plan (Attachment 4), a floor plan indicating the space to be utilized for the home occupation (Attachment 5), building elevations indicating the location of the home occupation entry (Attachment 6), photographs of the parking area and entry into the home occupation space (Attachment 7), a diagram of a match court (Attachment 8), and a completed questionnaire from the City's administrative home occupation permit application (Attachment 9). During the review process, staff asked the applicant for additional information (Attachment 10), and the applicant provided a letter dated January 11, 2012 (Attachment 11) as well as a signage proposal (Attachment 12). IV. SEPA THRESHOLD DETERMINATION: Review by the State Environmental Policy Act (SEPA) is not required with this application because the proposal is for a home occupation within an existing single- family residence and is exempt under WAC 197-11-800 (Categorical Exemptions). V. NATURAL ENVIRONMENT: 1. Topography: The western portion of the subject site (where the existing driveway and residence are located) is relatively level; however, there is a steep slope located on and adjacent to the eastern portion of the site. 2. Soils: According to the Soil Survey of Snohomish County Area, Washington, this site consists of "Alderwood-Everett Gravelly sandy looms, 25 to 70 percent slopes " soils (map unit symbol 4). 3. Critical Areas: A Critical Areas Checklist for the subject site was reviewed under File No. CRA20050169. The subject property was found to contain and/or be adjacent to a Landslide Hazard Area as defined by ECDC 23.40 and 23.80. Since the Page 2 of 11 File No. PLN20110074 Administrative Conditional Use Permit Bannister Home Occupation home occupation will be located within the existing building and the subject proposal does not include any modifications to the exterior of the site, a critical areas study is not required at this time. VI. NEIGHBORHOOD CHARACTERISTICS: The subject site and surrounding properties are located within the Single -Family Residential, RS -12, zone. A Planned Residential Development (PRD) within the RS -12 zone is located on the western side of 76th Ave. W near the subject site. The subject site is located within the general vicinity of the intersection of 76th Ave. W and Olympic View Drive (known of as the Perrinville neighborhood commercial area), where the Neighborhood Business (BN) and Community Business (BC) zoning designations are located. See the zoning and vicinity map for reference (Attachment 2). Immediately surrounding uses include single-family residential uses, while uses near the intersection of 76th Ave. W and Olympic View Drive include commercial uses and a Post Office. VII. COMPREHENSIVE PLAN: The Comprehensive Plan designation for this site is "Single Family — Resource. " The Comprehensive Plan has the following stated goals and policies for Residential Development that are applicable to this project (excerpt from Comprehensive Plan pages 71 through 72): Residential Development B. Goal. High quality residential development which is appropriate to the diverse lifestyle of Edmonds residents should be maintained and promoted. The options available to the City to influence the quality of housing for all citizens should be approached realistically in balancing economic and aesthetic considerations, in accordance with the following policies: B.5 Protect residential areas from incompatible land uses through the careful control of other types of development and expansion based on the following principles: B.5.a Residential privacy is a fundamental protection to be upheld by local government. B.5.b. Traffic not directly accessing residences in a neighborhood must be discouraged. B.5.c. Stable property values must not be threatened by view, traffic or land use encroachments. 6.5.d. Private property must be protected from adverse environmental impacts of development including noise, drainage, traffic, slides, etc. The goals and policies of the Comprehensive Plan were taken into account when crafting the home occupation regulations of ECDC 20.20. As such, the regulations of ECDC 20.20. 010 for home occupations such as the limitations on the numbers of employees and the numbers of vehicles visiting the site reflect the above Comprehensive Plan goals and policies related to limiting neighborhood traffic and retaining residential privacy. In reviewing the subject proposal against the applicable objectives of the Comprehensive Plan, the proposal appears to be consistent with the goals and policies of the Comprehensive Plan. Page 3 of 11 File No. PLN20110074 Administrative Conditional Use Permit Bannister Home Occupation VIII. APPLICABLE CODES: 1. ECDC 16.20 (Single -Family Residential Zone) Section 16.20 of the Edmonds Community Development Code provides the purposes by which development in single family zones is to be reviewed. The purposes of the RS — Single -Family Residential zone are to reserve and regulate areas primarily for family living in single-family dwellings and to provide for additional non-residential uses which complement and are compatible with single-family dwelling use. Pursuant to ECDC 16.20.010, a home occupation, subject to the requirements of Chapter 20.20 ECDC, is an allowed secondary use within the Single -Family Residential (RS) zone. The proposal is required to comply with the purposes of the single-family residential zone and the criteria outlined in Chapter 20.20. Based on staff's review of the specific home occupation criteria (as described in Section X.3 of this report), staff feels that the proposal is in compliance with the purposes and requirements of the single-family zone contained within ECDC 16.20. 2. ECDC 17. SO (Parking) ECDC 17.50.020.A.I requires all single-family dwellings to provide a minimum of two off-street parking spaces. Additional parking requirements associated with home occupations are contained within ECDC 20.20.010 rather than within ECDC 17.50. As such, ECDC 20.20.010.B.7 specifies that on-site parking shall be provided for at least three vehicles if visits to the site are to be made by either an off-site employee or customer. Since the subject proposal is to allow for visits to the site by off-site customers (no more than one vehicle per hour), a total of three on-site parking stalls are required. The minimum dimensional requirement for a parking stall is a width of 8.5 feet by a length of 16.5 feet. As such, the minimum area for three side-by-side parking stalls is a width of 25.5 feet by a length of 16.5 feet. The applicant's site plan (Attachment 4) indicates that the existing asphalt driveway is 30 feet wide where it abuts the building (at the face of the previously existing two -car garage that was converted into an exercise room approximately five years ago under building permits BLD20060171 and BLD20071240). The length of this portion of the driveway from the face of the building to the western property line is over 16.5 feet. Thus, parking for at least three cars can be provided for on site, and the applicant has shown compliance with the applicable on-site parking requirements of ECDC 17.5 0.020.A. I and ECDC 20.20.010.B.7. It shall be noted that as stated in Section IX of this report as part of the review comments by Snohomish County Fire District No. 1, parking is not permitted within the shared vehicular access easement (Attachment 14). In order to confirm compliance with the minimum on-site parking requirements, the area within the access easement was not counted as area available for parking. Only the paved driveway located entirely on the applicant's property was included for finding compliance with the on-site parking requirements. A condition has been added to this approval prohibiting parking for the home occupation from being located within the access easement. Page 4 of 11 File No. PLN20110074 Administrative Conditional Use Permit Bannister Home Occupation 3. ECDC 20.20 (Home Occupations) a. Chapter 20.20 of the Edmonds Community Development Code (ECDC) provides the criteria by which home occupations are to be reviewed. The subject proposal is for a home occupation that includes visits to the site by customers, which does not comply with the regulations of ECDC 20.20.010.A in order for a home occupation to be conducted as a permitted secondary use. Pursuant to ECDC 20.20. 010. B, a home occupation which does not meet one or more of the requirements of subsection (A) may be approved as a staff approval (Conditional Use Permit, Type II decision) if the home occupation will not harm the character of the surrounding neighborhood as evidenced by meeting all of the criteria of this code section. The review criteria of ECDC 20.20.0103 are provided in italics below with staff's analysis of the proposal's compliance with each criteria stated following each criterion: 1. The temporary and permanent keeping of animals associated with a home occupation must comply with all provisions of Chapter 5.05 ECC, Animal Control, and ECDC Title 16. Staff's Analysis: The subject proposal is for private instruction in Japanese traditional arts and culture and does not include the use of animals. As with all single-family residences, the subject property must comply with the animal control regulations of ECC 5.05 and ECDC Title 16 regardless of the establishment of the home occupation. This criterion has been met by the subject proposal. 2. The home occupation will not include storage, display of goods, building materials and/or the operation of building machinery, commercial vehicles or other tools, unless it meets all of the following criteria.- a. riteria: a. Is wholly enclosed within a structure or building; and b. Does not emit noise, odor or heat; and c. Does not create glare or emit light from the site in violation of the city's performance criteria. Staff's Analysis: Per the applicant's cover letter (Attachment 3), instruction will be carried out entirely within the structures on the site, without any significant outdoor activity. The floor plan (Attachment 5) indicates an approximately 750 square foot existing exercise room within the residence where the home occupation will take place. Edmonds City Code (ECC) Chapter 5.30 contains regulations on the maximum permissible sound levels within residential districts. Since all activities associated with the home occupation are to take place indoors, it is not anticipated that the home occupation will exceed the maximum permissible sound levels. As with all activities taking place within the city, the standards of the noise ordinance must be met at all times. A condition has been added to this approval stating that individual elements of this project are required to meet all applicable city codes, which includes compliance with the noise standards of ECC 5.30. This criterion has been met by the subject proposal. Page 5 of 11 File No. PLAT20110074 Administrative Conditional Use Permit Bannister Horne Occupation 3. Does not create a condition which injures or endangers the comfort, or pose health or safety threats to persons on abutting properties or streets. Staff's Analysis: The proposal is for private instruction in Japanese traditional arts and culture. All instruction is to take place within the existing residence. As such, the proposal should not pose a health or safety threat to the neighborhood. This criterion has been met by the subject proposal. 4. Does not include visits to the site from more than one nonresident employee per day. Staff s Analysis: The applicant's cover letter (Attachment 3) states that no employees will be visiting the site. Therefore, this criterion has been met by the subject proposal. S. Does not include visits from customers in excess of one vehicle per hour. Staff's Analysis: Staff's request for additional information sent to the applicant (Attachment 10) requested clarification on the number of customers visiting the site. The applicant's response (Attachment 11) stated that he is proposing to provide one-to-one instruction and personal coaching in a variety of Japanese martial and cultural arts and that this private instruction will not have other individuals such as referees or timekeepers present. The applicant's response confirmed that no more than one client and one vehicle will visit the site per hour. This criterion has been met by the subject proposal. 6. Does not include visits from customers between the hours of 9: 00 p.m. and 8: 00 a.m.. Staff's Analysis: The applicant's cover letter confirmed that customers will only be visiting the site between the hours of 8:00 am and 9:00 pm. Thus, this criterion has been met. 7. If visits to the site are to be made by either an off-site employee or customer, on-site parking shall be provided for at least three vehicles. Staff's Analysis: Refer to Section VIII.2 of this report for analysis of the proposal's compliance with the parking requirements. On-site parking is available for three vehicles. Therefore, this criterion has been met by the subject proposal. 8. No parking or storage is provided for more than one commercial vehicle or any commercial vehicle over 10, 000 pounds licensed gross vehicle weight per dwelling unit pursuant to ECDC 17.50.100. Staff's Analysis: A commercial vehicle over 10,000 pounds gross weight is not necessary for the proposed home occupation. The applicant's cover letter (Attachment 3) confirms that no outside storage of equipment or materials is proposed. This criterion has been met by the subject proposal. Page 6 of 11 File No. PLN20110074 Administrative Conditional Use Permit Bannister Home Occupation b. The sale or display of goods is restricted by ECDC 20.20.020(A). This section states that no goods shall be sold or rendered on the premises except instructional materials pertinent to the home occupation (e.g., music books). c. ECDC 20.20.020(B) requires a building permit and a Type II Conditional Use Permit for any proposed commercial signage in a residential zone. A sign is allowed in conjunction with a home occupation approval and shall not exceed four square feet in size. This sign area shall be calculated as part of, not in addition to, the total sign area permitted on the site. The applicant has submitted a proposal for an 18 inch by 30 inch sign, which is equivalent to 3.75 square feet (Attachment 12). The sign is proposed to be mounted to the side of the building near the parking area in order to direct customers to the entrance for the home occupation. The signage proposal is consistent with the maximum allowed signage total of 4 square feet for the site. A building permit will be required for the sign, which has been added as a condition of this approval. It shall be noted, however, that no more than four square feet of signage is allowed for the site and temporary commercial signage is not permitted within residential zones. As such, the applicant is not permitted to utilize any additional signage, such as a freestanding A -frame sign, for the home occupation. IX. TECHNICAL REVIEW COMMITTEE: This application was reviewed and evaluated by Snohomish County Fire District No. 1 as well as the City's Building Division, Engineering Division, Public Works Department, and Parks and Recreation Department. Snohomish County Fire District No. 1 commented that a minimum 2A1 OBC fire extinguisher will need to be provided and that absolutely no parking is permitted within the shared vehicular access easement (Attachment 14). These comments have been added as conditions of approval. The Building Division commented that the proposal does not appear to trigger the requirement for a building permit (Attachment 15). The Engineering Division, Public Works Department, and Parks and Recreation Department had no comments on the proposal (Attachments 16, 17, and 18 respectively). As always, a thorough review by all affected divisions/departments will be conducted at the time of business license application review. X. PUBLIC COMMENTS: ECDC 20.03 provides the City's regulations for public notice of land use applications. A "Notice of Application and Comment Period" dated February 3, 2012 (Attachment 19) was posted at the subject site, Public Safety Complex, Development Services Department, and Library on February 3, 2012. The notice was published in the Herald Newspaper on February 3, 2012. This notice was also mailed to residents within 300 feet of the site on February 3, 2012 using a mailing list provided by the applicant (Attachment 20) as well as the two additional addresses (one of which was the applicant) added to the mailing list by staff (Attachment 21). Declarations of posting and mailing are provided as Attachments 22 and 23 respectively, and an affidavit of publication is included as Attachment 24. Page 7 of I I File No. PLN20110074 Administrative Conditional Use Permit Bannister Home Occupation Three public comment letters were received during review of the proposal. Keith and Pamela Barnett sent separate emails with attached comments letters on February 14, 2012. Mr. and Mrs. Barnett followed up with mailed copies of their letters, which were both received on February 15, 2012 and are included as Attachments 25 and 26 respectively. A third comment letter was submitted by Jeff Jones on February 17, 2012, which is included as Attachment 27. Concerns raised in the public comment letters include concerns over impacts on neighborhood character, depreciation of home values, increased use of the shared private access easement, parking, signage, pollution from run- off during storm events, nuisance and inconvenience to surrounding neighbors, safety, potential for increased crime, and excessive noise. Staff Response to Public Comments: The City's home occupation regulations were updated approximately one year ago under Ordinance No. 3840. The purpose of the update was to allow and encourage certain limited business activities in residential zones, while minimizing potential impacts on the surrounding residential neighborhood. Prior to adopting the new home occupation regulations, the Planning Board and City Council considered potential impacts to residential neighborhoods. Additionally, public hearings were held before the Planning Board and the City Council in order to obtain public input on concerns that neighbors may have over the establishment of a home occupation within their neighborhood. In order to minimize potential impacts of excessive noise, traffic, nuisance, and other potential negative impacts, the home occupation regulations contain limitations on the numbers of vehicles that may visit a site per hour, numbers of employees, hours of operation, etc. The purpose of these regulations (as discussed in detail in Section VIII.3 above) is to retain the residential character of a neighborhood and to minimize negative impacts on neighbors. Maintenance of private vehicular access easements is as established within the private maintenance provisions of these easements, and the City cannot mediate maintenance issues of these easements. Maintenance provisions are as established when the easement is created (or as otherwise amended) and must be privately enforced. A detailed explanation of the proposal's compliance with the minimum parking requirements is provided within Section VIII.2 of this report. The site was found to comply with the code's requirement for a minimum of three on-site parking stalls. The code does not have a requirement for whether the required parking is provided within a garage or within a driveway. It shall be noted, however, that the approval of the subject application is conditioned such that no parking is allowed within the shared vehicular access easement. The comment letters noted that Mr. Bannister has been operating this business within his home prior to obtaining the subject conditional use permit. A home occupation that includes visits to a site by customers requires a conditional use permit as well as a business license. Regardless of whether Mr. Bannister has operated a business without the proper permits or approvals in the past, he has submitted the subject application for a conditional use permit for a home occupation in order to comply with the City's current home occupation regulations. This approval includes several conditions, including a Page 8 of 11 File No. PLAT20110074 Administrative Conditional Use Permit Bannister Horne Occupation limitation on visits from only one vehicle per hour, no parking within the shared vehicular access easement, and a business license through the City Clerk's Office must first be obtained. During review of the business license application, the Planning Division will review the business proposal to make sure that it is consistent with the conditions of this approval. Additionally, business license applications are routed to the Police Department for review of any potential safety issues. XI. CONCLUSION: Based on the above analysis of the project proposal, it has been determined that the proposal is consistent with the applicable requirements of the Edmonds Community Development Code (ECDC), particularly the requirements of the Single -Family Residential (RS -12) zone, the on-site parking requirements, and the home occupation requirements. XII. DECISION: Based on the facts, conclusions, and attachments to this report, staff finds that the Conditional Use Permit for File No. PLN20110074 is APPROVED with the following conditions: 1. The applicant shall obtain a business license through the City Clerk's Office prior to operating the home occupation. 2. Provide a 2AIOBC fire extinguisher in a location acceptable to the Snohomish County Fire District No. 1 inspector. 3. Absolutely no parking is permitted within the vehicular access easement. 4. The applicant shall obtain a building permit for the proposed commercial signage. All signage shall comply with the regulations of ECDC 20.20.020.13 and ECDC 20.60. 5. The home occupation shall comply with all of the criteria of ECDC 20.20.01 O(B), including but not limited to the following: a. No more than one nonresident employee shall visit the site per day. b. Visits to the site by customers shall not be in excess of one vehicle per hour. c. Customers shall not visit the site between the hours of 9:00 p.m. and 8:00 a.m. 6. The home occupation shall comply with the general regulations of ECDC 20.20.020, or as amended. 7. Individual elements of this project are required to meet all applicable city codes, and it is the responsibility of the applicant to apply for and obtain all necessary permits. XIII. EXPIRATION: ECDC 20.05.020 describes the time limits for conditional use permit approval. Unless the owner obtains a building permit or, if no building permit is required, substantially commences the use allowed within one year from the date of approval, the conditional use permit shall expire and be null and void, unless the owner files for an application for Page 9 of 11 File No. PLN20110074 Administrative Conditional Use Permit Bannister Home Occupation an extension of time before the expiration date. An application for any extension of time shall be reviewed by the community development director as a Type Il decision. Any person wishing to file an extension should contact the Planning Division at 425.771.0220 for further procedural information. XIV. APPEALS: Pursuant to ECDC 20.07.004, a party of record may submit a written appeal of a Type II decision to the Development Services Director within 14 days after the date of issuance of the decision. The appeal shall be made in writing and shall include all required information stated in ECDC 20.07.004(D) as well as the applicable fee. Appeals are presented to the Hearing Examiner. The appeal would be heard at an open record public hearing before the Hearing Examiner according to the requirements of ECDC Chapter 20.06 and Section 20.07.004. XV. PARTIES OF RECORD: Planning Division 121 — 5th Ave. N Edmonds, WA 98020 Keith and Pamela Barnett 18205-76 1h Ave. W Edmonds, WA 98026 XVI. ATTACHMENTS: 1. Land Use Application Form 2. Zoning and Vicinity Map Jonathan Bannister 18201-76 th Ave. W Edmonds, WA 98026 Jeff Jones 18119-76 1h Ave. W Edmonds, WA 98026 3. Applicant's Cover Letter, received December 5, 2011 4. Site Plan 5. Floor Plan of 1St Floor 6. Building Elevations 7. Photographs of Parking and Home Occupation Entrance and Space 8. Match Court Diagram from "The Regulations of laido Shiai and Shinpan" 9. Administrative Home Occupation Permit Application Questionnaire 10. Staff s Letter of Incomplete Application, dated January 3, 2012 11. Applicant's Response Letter, received January 11, 2012 12. Signage Plan 13. Staffs Letter of Complete Application, dated February 1, 2012 14. Snohomish County Fire District No. 1 Comment Form 15. Building Division Comment Form Page 10 of]] 16. Engineering Division Comment Form 17. Public Works Department Comment Form 18. Parks and Recreation Department Comment Form 19. Notice of Application and Comment Period 20. Adjacent Property Owners List 21. Addresses Added to Mailing List by Staff 22. Declaration of Posting 23. Declaration of Mailing 24. Affidavit of Publication 25. Comment Letter from Keith Barnett 26. Comment Letter from Pam Barnett 27. Comment Letter from Jeff Jones File No. PLN20110074 Administrative Conditional Use Permit Bannister Home Occupation Page 11 of I I City of Edmonds_ Land Use Application . ❑ ARCHITECTURAL DESIGN REVIEW • ' ❑ COMPREHENSIVE PLAN AMENDMENT 0' CONDITIONAL USE PERMIT FILE #PLA/ Iokkic)oi ** l ZONE RS - HOME OCCUPATION DATE 12M 1 REC'D BY ❑ FORMAL SUBDIVISION ❑ SHORT SUBDIVISION FEE S S, 00 RECEIPT # ❑ LOT LINE ADJUSTMENT HEARING DATE AI �t1 ❑ PLANNED RESIDENTIAL DEVELOPMENT ❑ OFFICIAL STREET MAP AMENDMENT ❑ BE STAFF ❑ PB ❑ ADB ❑ CC ❑ STREET VACATION ❑ REZONE ❑ SHORELINE PERMIT ❑ VARIANCE / REASONABLE USE EXCEPTION ❑ OTHER: PROPERTY ADDRESS OR LOCATION l b:ZO 1" 7& IN VE W-) J5P4t-C) 3 PS 9,430'Z 61 PROJECT NAME (IF APPLICABLE) PROPERTY OWNER )c4nt.l7 1tyj PHONE # 1+2-15-771 t LP ADDRESS ic`�2 iN7l� �v�.VJ, ���rnoN�S 90190& E-MAIL �✓ (I7aihyl c S'�i�✓ (� �'c-osn+`ems. La vz I FAX # TAX ACCOUNT # SEC. TwP. RNG. DESCRIPTION OF PROJECT OR PROPOSED USE (ATTACH COVER LETTER AS NECESSARY) 0044]_�_ OCCUI7� r V r'j '110 IN.STP-JC-TIOr`I IM JA�r�N S `1�171'�10!•-9dbL �t�i� �% LLJL`I'i3"r�� '— S��,a..T%ed�t-k�D Lt=�}�� DESCRIBE HOW THE PROJECT MEETS APPLICABLE CODES (ATTACH COVER LETTER AS NECESSARY)_ © 15=_ �nl✓�T� Q.F�ut�.�lvt�nl � s �� ski �� r �� E�i�c.� �i-+��-r_� �Q,� � APPLICANT J b e)r Anak1 PHONE # 4 215 - 7 *71- & 8 i (v ADDRESS 15°201 Ei)M0'l 95012Ca E-MAIL �Ct vt n �S z /' %'� •�Y a✓I i , e. GO VPI FAX # CONTACT PERSON/AGENT SA^ 1F__ PHONE # ADDRESS E-MAIL FAX # The undersigned applicant, and his/her/its heirs, and assigns, in consideration on 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 part upon false, misleading, inaccurate or incomplete information furnished by the applicant, his/her/its agents or employees. By my signature, I certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge and that I am authorized to file this application on the behalf of th listed below. SIGNATURE OF APPLICANT/AGENT —DATE Property Owner's Authorization I, Own t`[LCI, y, Till ✓,, S41/- certify under the penalty of perjury under the laws of the State of Was ington that the following is a true and correct statement: I have authorized the above Applicant/Agent to apply for the subject land use application, and grant my permission for the public officials and the staff of the City of Edmonds to enter the subject property for the purposes of ins c ' and posti e dan to this application. SIGNATURE OF OWNER �� � DATE Questions? Call (425) 771-0220. Revised on 9114/10 B - Land Use Application.doc Page 1 of] ATTACHMENT 1 File No. PLN20110074 a 75 150 300 rara�rraaaiiara �ai�/�iiiaiiiaarraair�aafaraaaaaa��� � �i �rrr raiia✓i�liiil N 18201-76 1h Ave W Edmonds, WA 98026 29 November 2011 To: City of Edmonds, Planning Division Re: Land Use Application — Conditional Use Permit (Administrative) for Home Occupation To Whom It May Concern: 1 respectfully request consideration and approval of my request for Type II Administrative Conditional Use Permit for Home Occupation within the criteria and intent of ECDC Chapter 20.20. 1 seek to offer private, one-to-one instruction to a limited clientele in the traditional cultural arts of Japan. The project will operate under the name "AiShinKai, LLC' as duly registered with the Secretary of State of the State of Washington (UBI: 603-072-735) and the U.S. Department of the Treasury Internal Revenue Service (EIN: 27-4384767). Instruction in these arts will occur indoors within an existing and appropriate training and classroom space requiring no renovation, modification, or additional development. The project meets the criteria of EDCD Chapter 20.20 as follows: 1. The home occupation will be carried on exclusively by me at my residence: 18201-76'h Avenue West, Edmonds, WA 98026. 2. Instruction will be carried out entirely within the structures on the site, without any significant outdoor activity. 3. 1 will use no heavy equipment, power tools or power sources not common to the residence. 4. The home occupation will have no commercial pick-up or delivery except U.S. Mail and UPS/FedEx. 5. The home occupation will create no noise, dust, glare, vibration, odor, smoke, or any other impact adverse to the residential area. 6. 1 will have no employees. 7. The home occupation complies with all performance criteria established pursuant to the ECDC Comprehensive Plan and applicable Zoning Ordinance 20.05.010: a. The property is designated "Single Family Resource"; residential privacy is ensured by the contained nature of the instruction offered, the lack of noise or any other negative impacts, easy access from arterial 76th Avenue West, and the availability of ample off-street parking for visiting clients. b. The proposed use and its location are consistent with the purposes of the Zoning Ordinance and the purposes of the zone district (RS -12 "Single Family Residential') in which the use is to be located, and the proposed use will meet all applicable requirements of the Zoning Ordinance. c. The home occupation with not be detrimental in anyway to public health, safety or welfare, or to nearby private property or improvements. ATTACHMENT 3 8. The home occupation will not park or store more than our own two personal vehicles. Because of the nature of the private instruction offered, client visits will be limited to one vehicle per client per hour, between the hours of 8:OOam and 9:OOpm. The home occupation has existing on-site parking for seven (7) vehicles, but we do not anticipate needing more than three (3) of the existing spaces to meet the needs of the project. 9. The home occupation will not create any condition that injures or endangers the comfort, health or safety of persons on abutting properties or streets. 10. No outside storage of equipment or materials is needed. 11. Only a small identification sign is needed on the building to assist clients to locate the project entrance. The home occupation will offer a rare glimpse into traditional Japanese cultural arts to an exclusive clientele. I hope to share my knowledge and skill to bring another artistic voice and enterprise to the City of Edmonds. I am confident that AiShinKai, LLC will be seen as a real asset to the culture of our community. Respectfully submitted, Jonathan Bannister, homeowner 425-771-6816 wjbannister@frontier.com w i � z It oq � w yw\.nZ eZR\J^ p — FWutZi W,44 ,,CC t� Oo ❑❑ pp u2VY �IZYSZZ22tLL uxi �f V J V wit. N 0p C� ¢)ai O161 p.t�O ai ttf t a ro�0on ao nv. \- I ob l� Ei00 0 -p p _ 00tri Q�=� � 11 CI ti IV it [I ¢! 11 10 ft, Vp pl fC IV II II VI 9C ^ `I O 4 I �Ib'oyl zt 29t , LL / la J _ hwu. I IN Ill-Ri 1 owl �y II 1L' O F— Z W U Q F— F— Q' o c`m \\ / I 5 \�� �/ / �� �� \ aO �) ^ ƒ ��\\-/--- \ 5 \�� / �� �� ^ ��\\-/--- \ ~&D. \\\\ LEIH3 9 _ Y Ib� AT -----111m _ g�- o `o rho �'o Wao p© Ing A�'a �5� s p r'� o. 0 X nak I kl r z= i J —T7- III III r 9 >a p I I I Q Q w + II III _rl 1 `T? I ❑ .III I i I _ a ows De�aall I I _ al ❑ � o o f � sqs `- 7Z:RN wi IN �I t � II d t.l eft O ^�+ s >� �U 9� ;-4 0 p 0 P—H V4 m I 9 IN llTI FA 1 1, ml i la li i c 0 x x w 2: V) < r - Z 0 < L, > c J) LD —0 0 Y C) n. < 0 :D 0 0 14- 0 lw 4- E F- C r - u u u 0 4- -4-- 4 ATTACHMENT 8 Yes No 1, P E3 Will the home occupation be carried on exclusively by a family member(s) residing in the dwelling unit? 2, El I# Will there be employees working at or visiting the subject property, who are not family members residing at the residence? 3, El Will there be customers or clients visiting the property? 4. 0 Will the home occupation be conducted entirely within the structures on the site, without any significant outside activity? If no, please explain: 5. ® 0 Will there be heavy equipment, power tools, or power sources associated with the home occupation? If yes, please list types: 6. 0 V Will vehicles be used in conjunction with the home occupation? If yes, please list all types, including gross vehicle weight of tru 7, Il to Will there be deliveries made to the property by commercial vehicles in excess of 20,000 gross vehicle weight, (example: standard UPS truck)? If yes, please explain: 0. E3 V Will the home occupation create noise or vibration? If yes, please explain: g. ® Will the home occupation produce dust, odors, or smoke? If yes, please explain: 10. ® Will the home occupation create any glare on public streets and neighboring properties, such as from lighting, welding, etc.? If yes, please explain: 11. ® Will flammable and hazardous materials be handled or stored on the property? If yes, please explain: 12. ® Will materials in conjunction with the home occupation be stored outside of the dwelling? If yes, please explain how and where: 13, 0 0 Will there be a sign on the property in conjunction with the homeOoccupation?D R 6-1 P, I r�¢a � �� � If yes, please describe: A LL WAK Sic-" AIRM."63 IV Lex tc- Lex V is e v- NOw °x'14F-VE 'FOS "D &- ,Td Os'J The undersigned applicant for a business license certifies that the information provided within this application is correct and accurate. The applicant acknowledges that his/her business license is subject to suspension or revocation if false or misleading information is provided. Violation of any of the conditions and requirements of ECDC Chapter 20.20 will result in the loss of his/her business license and the forfeiture of any fee paid. APPLICANT Name (Printed) d'3/70ga Signature — Ir Date ATTACHMENT c - ------------ -- ❑ ��!' � i �� � .i C- O K 1�4- r -i � K {J -�J n4' 7-k � M loft M =- v,rierzriroiirrrnwrrwi�liHrlr�//�Ghllr'�I/016/yFKI(d�rrdrrarrrnillrll/%t���%i/i%//,r///!i//b,,,,�;" ------ --------- o Y 4 .0 C N q Cd -0 ❑ a an a o -O! a; " y - -4� n td I� Ci �i p4�p rQEl l� xi 0 _. .y o1-1 =- v,rierzriroiirrrnwrrwi�liHrlr�//�Ghllr'�I/016/yFKI(d�rrdrrarrrnillrll/%t���%i/i%//,r///!i//b,,,,�;" Inc. 1890 January 3, 2012 121 5th AVENUE NORTH ^ EDMONDS, WA 98020 e (425) 771-0220 o FAX (425) 771-0221 Website: www.ci.edmonds.wa.us DEVELOPMENT SERVICES DEPARTMENT Mr. Jonathan Bannister 18201— 76"' Ave. W Edmonds, WA 98026 MIKE COOPER MAYOR SUBJECT: REQUEST FOR ADDITIONAL INFORMATION FOR YOUR CONDITIONAL USE PERMIT APPLICATION, FILE NO. PLN20110074 Dear Mr. Bannister: Staff has begun review of your land use application for a Conditional Use Permit for a home occupation located at 18201 76h Ave. W; however, it was found that your application is incomplete. Please submit the following items at your earliest convenience so that staff can continue processing your application: 1. The adjacent property owners list submitted with your application is not in the proper mailing label format. Refer to Handout #P2 (enclosed), which includes directions for creating the mailing labels. 2. Please provide further description of the proposed business. The materials submitted with your application include a schematic of the match court with places indicated for various referees and a time keeper. Are you proposing to have individuals in each of these positions, or will your training not include all of the positions indicated on the match court? What activities will be conducted with your clients? 3. Please describe how many clients are proposed to visit your property on a daily basis. Your cover letter indicates that you will be providing private instruction, but is also indicates that there will be no more than one vehicle per client per hour. The code limits the number of vehicles associated with a home occupation to one vehicle per hour. Therefore, staff needs clarification on the number of vehicles that are proposed to visit your site per hour. 4. Signage for a home occupation must be reviewed as part of the Conditional Use Permit application in addition to review under a separate building permit application. As such, please provide a drawing of the proposed signage including dimensions and also indicate the location of the proposed sign. The building permit application for the sign will be required at a later date. Please submit the above information as soon as possible, so that staff may continue processing your application. Please keep in mind that a complete response to this information request must be received within 90 days or the application will lapse for lack of information (ECDC 20.02.003.D). Thus, your application will expire if the requested information is not received by April 2, 2012. If you have any questions, please do not hesitate to contact me at (425) 771-0220, extension 1224. Sincerely, Development Services Department - Planning Division Jen Machuga Associate Planner Cc: File No. PLN20110074 Incorporated August 11, 1890 a ATTACHMENT 10 Sister City - Hekinan, Japan Jonathan Bannister 18201- 76th Ave W Edmonds, WA 98026 425-771-6816 11 January 2012 Ms. Jen Machuga, Associate Planner City of Edmonds Development Services Department 121- 5th Avenue North Edmonds, WA 98020 Re: City of Edmonds letter 3 January 2012 Request for Addituional Information for Your Conditional Use Permit Application, File No. PLN20110074 Dear Ms. Machuga: Thank you for your letter dated 3 January 2012. Answers to your questions are detailed below: The adjacent property owners list submitted with your application is not in the proper mailing label format. Revised list in required format attached 2. Please provide further description of the proposed business. The materials submitted with your application include a schematic of the match court with places indicated for various referees and a time keeper. Are you proposing to have individuals in each of these positions, or will your training not include all the positions indicated on the match court? What activities will be conducted with your clients? I will provide intimate, one-to-one instruction and personal coaching in a variety of classical Japanese martial and cultural arts, including laido swordsmanship, Aikido self-defense, Kyudo archery, Shodo brush calligraphy, Ikebana flower arranging, and Bonsai tree potting. Each of these arts is to be taught within the confines of an area not to exceed the schematic court size. The schematic was provided previously to the Developmental Services Department at the request of City staff to verify the square footage requirement. The private instruction proposed does not need or intend to have other individuals such as referees or timekeeper present. These officials are only required at official regional, state, and national competitions and grading, activities for which I will prepare clients, but cannot conduct on-site. 3. Please descibe how many clients are proposed to visit your property on a daily basis. Your cover letter indicates that you will be providing private instruction, but also indicates that there will be no more than one vehicle per client per hour. The code limits the number of vehicles associated with a home occupation to one vehicle per hour. Therefore, staff needs clarification on the number of vehicles that are proposed to visit your site per hour. I propose private, one-to-one instruction, with one clients vehicle per hour. 4. Signage for a home occupation must be reviewed as part of the Conditional Use Permit application in addition to review under a separate building application application. As such, please provide a drawing of the proposed signage including dimensions and also indicate the location of the proposed sign. The building permit application for the sign will be required at a later date. Please refer to Ordinance #3840 pertaining to ECDC 20.20.020 General Regulation, B. Signs: A sign is permitted in conjunction with a home occupation approval and shall not exceed four square feet in size. The sign area shall be calculated as part of, not in addition to, the total sign area permitted on the site. A building permit and a Type it conditional use permit are required for any proposed commercial signage in a residential zone. I understand that I am required to have a Type II Conditional Use Permit ($585) and, if approved, a new home occupation business licence ($100). Will I also need a sign permit ($125)? If so, is this an annual, or one-time fee? I have attached the requested drawing, and indicated the location as fixed to the home at the southwest corner, facing the driveway/parking. Respectfully, Jonathan Bannister, homeowner ATTACHMENT 11 0 18" x 30" = 3.75 sq ft (540 sq inch) Proposed location: wall mount at southwest corner, facing driveway/ parking 30>1 M PLN201210074 - Proposed Sign Jonathan Bannister Conditional Use Permit Application - Home Occupation 18201 - 76th Avenue West Edmonds, WA 98026 Inc. 1890 121 5th AVENUE NORTH a EDMONDS, WA 98020 o (425) 771-0220 • FAX (425) 771-0221 www.edmondswa.gov DEVELOPMENT SERVICES DEPARTMENT February 1, 2012 Mr. Jonathan Bannister 18201— 76th Ave. W Edmonds, WA 98026 SUBJECT: NOTICE OF COMPLETENESS FOR YOUR CONDITIONAL USE PERMIT APPLICATION, FILE NO. PLN20110074 Dear Mr. Bannister: DAVE EARLING MAYOR Thank you for submitting additional materials on January 11, 2012 in response to my January 3, 2012 letter regarding your conditional use permit application located at 18201— 76' Ave. W. The application became complete pursuant to Edmonds Community Development Code (ECDC) Section 20.02.002 on January 25, 2012. Although it has. been determined that the application meets the procedural submission requirements and is therefore complete, additional information may be needed as staff continues with review of the application. The public notice of the proposal will be issued in a few days, which will include the posting of a notice sign on the site. Staff will contact you as our review continues if additional information is necessary. If you have any questions, please do not hesitate to contact me at (425) 771-0220, extension 1224. Sincerely, Development Services Department - Planning Division Jen Machuga Associate Planner Cc: File No. PLN20110074 Incorporated August 11, 1890 ATTACHMENT 13 Sister City - Hekinan, Japan Project Number: PLN21174 Applicant's Name: JONATHAN BANNISTER Property Location: 15201 76TH AVE. W. 'l r Date of Application: 12/5/11 Date Form Routed: 12/5/11 sNoxomisx co Zoning: SINGLE FAMILY RESIDENTIAL (RS -12) F1 Project Description: HOME OCCUPATION FOR JAPANESE TRADITIONAL ARTS & Cd *PER ECDC 20.02.005 ALL COMMENTS MUST BE SUBMITTED WITHIN 15 DAYS John J. Westfall THIS FORM WAS ROUTED: DUE 6Y 12.22.11 Fire Marshal jwestfall@nredistricti.org If you have any questions or need clarification on this project, please contact: Responsible Staff: JEN MACHUGA Ext. 1224 12425 Meridian Ave.. Everett WA 98208 phone: 425-551-1200 fax: 425-551-1249 Name of Individual Submitting Comments: Title: www.firedistricti.org ® I have reviewed this land use proposal Ed -/ -have reviewed this land-Nr���Gr -- for my department and have for my department and have concluded that IT (MOULD NOT AFFECT concluded that IT WOULD AFFECT MY MY DEPARTMENT, so I have no DEPARTMENT, so I have provided comments. My department may also comments or conditions below or review this project during the building attached. permit process (if applicable) and reserves the right to provide additional comments at that time. Comments (please attach memo if additional space is needed): I�Lsaw y AY -6 ��N �1 �9 cC S i�'�-t CA -/Z The following conditions should be attached to this permit to ensure compliance with the requirements of this department (please attach memo if additional space is needed): ATTACHMENT 14 CITY OF EDMONDS - PLANNING REQUEST•FORW PW -Engineering Fire 0 PW - Maintenance 0 Parks & Rec. uIlding Economic Dev. Parks Maintenance Project Number: PLN211007 Applicant's Name: JONATHAN BANNISTER Property Location: 182.01 76TH AVE. W. Date of Application: 12/5/11 Date Form Routed: 12/8/11 Zoning: SINGLE FAMILY RESIDENTIAL (RS -12) Project Description: HOME OCCUPATION FOR JAPANESE TRADITIONAL ARTS & CULTURE "PER ECDC 20.02.005 ALL COMMENTS MUST BE SUBMITTED WITHIN 15 DAYS OF THE DATE THIS FORM WAS ROUTED: E BY If you have any questions or need clarification on this project, please contact: Responsible Staff: JEN MACHUGA Ext. 1224 Name of Individual Submitting Comments: Title: I have reviewed this land use proposal for my department and have concluded that IT WOULD NOT AFFECT MY DEPARTMENT, so I have no comments. My department may also review this project during the building permit process (if applicable) and reserves the right to provide additional comments at that time. El I have reviewed this land use proposal for my department and have concluded that IT WOULD AFFECT MY DEPARTMENT so I have provided comments or conditions below or attached. Comments (please attach memo if additional space is needed): The following conditions should be attached to this permit to ensure compliance with the requirements of this department (please attach memo if additional space is needed): 17 - Date: Signature: Phone/E-ma ATTACHMENT 15 CITY OF EDMONDS — PLANNING DIVISION REQUEST FOR COMMENT FORM PVV-Engineering 0. Fire 0 PW - Maintenance n Parks & Rec, El Building Economic Dev. Parks Maintenance Project Number: PLI 20 i 1 X 074 Applicant's Name: JONATHAN BANNISTER Property Location: 18201 76TFI AVE. W. Date of Application: 12/5/11 Date Form Routed: 12/$/11 Zoning: SINGLE FAMILY RESIDENITIAL (RS -12) Project Description: HOME OCCUPATION FOR JAPANESE TRADITIONAL ARTS & CULTURE "PER ECDC 20.02.005 ALL COMMENTS MUST R SUBMITTEDDATE THIS FORM WAS ROUTEDBY If you have any questions or need clarification on this project, please contact: Responsible Staff: JEN MACHUGA Ext. 1221 Name of Individual Submitting Comments: --A0 L1 I'll ViW 17, rn?!+ Title: (�.i,'iGicn oyI1y)C I have reviewed this land use proposal for my department and have concluded that IT WOULD NOT AFFECT MY DEPARTMENT, so i have no comments. My department may also review this project during the building permit process (if applicable) and reserves the right to provide additional comments at that time. ® 1 have reviewed this land use proposal for my department and have concluded that IT WOULD AFFECT MY DEPARTMENT so I have provided comments or conditions below or attached. ., , Eo Comments (please attach memo if additional space is needed): DEC 0 ,8 201 The following conditions "should be attached to this permit to ensure compliance with the requirements of this department (please attach memo if additional space is needed): Date: ' / (' 5 h( ( �. Signature: Phone/E-mail ATTACHMENT 1E �5 CITY OF a D PLANNING ♦',. -,, a REQUEST :: • ;. COMMENT • PW -Engineering 0 Fire PW - Maintenance 0 Parks & Rec. Building Economic Dev. Parks Maintenance Project Number: PLN2011 074 Applicant's Name: JONATHAN BANNISTER Property Location: 18201 76TH AVE. W. Date of Application: 12/5/11 Date Form Routed: 12/8/11 Zoning:SINGLE FAMILY RESIDENTIAL (RS -12) Project Description: NOME OCCUPATION FOR JAPANESE TRADITIONAL ARTS & CULTURE "PER ECDC 20.02.005 ALL COMMENTS MUST BE SUBMITTED WITHIN 15 DAYS OF THE DATE THIS ,. WAS :O- DUE BY 12.22.11 If you have any questions or need clarification on this project, please contact: Responsible Staff: JEN MACHUGA Ext. 1224 Name of Individual Submitting Comments: Title: 1 have reviewed this land use proposal for my department and have concluded that IT WOULD NOT AFFECT MY DEPARTMENT, so I have no comments. My department may also review this project during the building permit process (if applicable) and reserves the right to provide additional comments at that time. ® I have reviewed this land use proposal for my department and have concluded that IT WOULD AFFECT ABY DEPARTMENT, so I have provided comments or conditions below or attached. t omments (please attach memo if additional space is needed): The following conditions should be attached to this permit to ensure compliance with the requirements of this department (please attach memo if additional space is needed): Date: i? -/ ' z Signature: Phone/E-mai ATTACHMENT 11 CITY Or EDMONDS - PLANNING REQUEST O. COMMENT O? PW -Engineering Fire PW - Maintenance Parks & Rec. Building Economic Dev. 5rParks - _ Project Number: PL 2 110074 Applicant's Name: JONATHAN BANNISTER Property Location: 18201 76TH AVE. W. Date of Application: 12/5/11 Date Form Routed: 12/8/11 Zoning: SINGLE FAMILY RESIDENTIAL (RS -12) Project Description: NOME OCCUPATION FOR JAPANESE TRADITIONAL ARTS & CULTURE "PER ECDC 20.02.005 ALL COMMENTS MUST BE SUBMITTED WITHIN 15 DAYS OF THE DATE THIS FORM WAS ROUTED: DUE BY 12.22.11 If you have any questions or need clarification on this project, please contact: Responsible Staff: JEN MACNUGA Ext. 1224 Name of Individual Submitting Comments Title: lkte,- 99 I have reviewed this land use proposal for my department and have concluded that IT WOULD NOT AFFECT MY DEPARTMENT, so I have no comments. My department may also review this project during the building permit process (if applicable) and reserves the right to provide additional comments at that time. El I have reviewed this land use proposal for my department and have concluded that IT WOULD AFFECT MY DEPARTMENT so I have provided comments or conditions below or attached. Comments (please attach memo if additional space is needed): The following conditions should be attached to this permit to ensure compliance with the requirements of this department (please attach memo if additional space is needed): Date: Signature: Phone/E-mail: ATTACHMENT 1 Notice of A . n and Comment Period NAME OF APPLICANT: DATE OF APPLICATION: DATE OF COMPLETENESS: DATE OF PUBLIC NOTICE: PROJECT LOCATION: Jonathan Bannister December 5, 2011 January 25, 2012 February 3, 2012 18201 - 76th Ave. W, Edmonds, WA Tax Parcel Number 00370800300401 PROJECT DESCRIPTION: Application for an administrative Conditional Use Permit (Type II decision) for a home occupation to be located at 18201 - 76th Ave. W, within the Single -Family Residential (RS -12) zone. The home occupation will include private instruction in traditional Japanese martial and cultural arts. REQUESTED PERMITS: OTHER REQUIRED PERMITS: REQUIRED STUDIES: EXISTING ENVIRONMENTAL DOCUMENTS: PUBLIC COMMENTS DUE: Conditional Use Permit for a Home Occupation Business License None None February 17, 2012 Any person has the right to comment on this application during the public comment period, receive notice and participate in any hearings, and request a copy of the decision on the application. The City may accept public comments at any time prior to the closing of the record of an open record predecision hearing, if any, or, if no open record predecision hearing is provided, prior to the decision on the project permit. Only parties of record as defined in ECDC 20.07.003 have standing to initiate an administrative appeal. Information on this development application can be viewed or obtained at the City of Edmonds Planning Division between the hours of 8:00 a.m. and 4:30 p.m. Monday through Friday or online through the city's website at www.edmondswa.gov through Online Permits link. Search for hermit PLN20110074. City of Edmonds Development Services Departments Project Planner: Jen Machuga Planning Division ; machugaCci.edmonds.wa.us 425.771.0220 x 1224 121 5th Avenue North Edmonds, WA 98020 www.edmondswa.gov ATTACHMENT 1 a OV EDAf v o41 �n�. 1890 File No. PLN20110074 0 75 so soo Feet :..fr ADJACENT PROPERTY OWNERS LIST 60 Attach this notarized declaration to the adjacent property owners list. On my oath, I certify that the names and addresses provided represent all properties located within 300 feet of the subject property. ignature of Applicant or Applicant's Representative Subscribed and sworn to before me this day of��✓ J' a i go fps e Ota ''�GP,wAe�`��Zesiding at Revised on 9/22/10 Public in and State of Washington P2 —Adjacent. Property Owners List Page 2 of 2 ATTACHMENT 2C U103*Aj9Ae'AAMIN i ap u!p omyey el a —lluou ® l Federal Home Loan Mortgage Christian Greene 5000 Plano Pkwy 7529 - 181st Pl SW Carrollton, TX 75010 Edmonds, WA 98026 James & Bonnie Dofelmier Stephen & Claudia, Mawin 16016 - 74th Avenue NE. 7530 SW 181st St Bothell, WA 98011 Edmonds, WA 98026 Jeff & Cheryl Jones Justin Schaeffer 18119 - 76th Ave W 7528 - 181st PI SW Edmonds, WA 98026 Edmonds, WA 98026 Becky Pritchett Dale & Terry Wirkkala 18108 - 76th Ave W 7525 Ridge Way Edmonds, Wa 98026 Edmonds, Wa 98026 Nicholas & Siobhan Tobin Jahed Mahmoud 18111 - 76th Ave W 18218 - 76th Ave W Edmonds, WA 98026 Edmonds, WA 9,8026 James & Allison Pope Keith & Pamela Barnett 18209 - 76th Ave W 18205 - 76th Ave W Edmonds, WA 98026 Edmonds, WA 98026 Stephen Hicks Philip Hillstrom 18211 - 76th Ave W 18212 - 76th Ave W Edmonds, WA 98026 Edmonds, WA 98026 Christin Leupold Rene Van Loveren 18219 - 76th Ave W 18214 - 76th Ave W Edmonds, WA 98026 Edmonds, WA 98026 Richard & Monique Wilson Kurt Larson 18223 - 76th Ave W 18216 - 76th Ave W Edmonds, WA 98026 Edmonds, WA 98026 Bruce Gothard Brenda Owens 18303 - 76th Ave W 18115 -76th Ave W Edmonds, WA 98026: Edmonds, WA 98026 wia6p3 dn-dod asodxa wjA96SS ® 01 aull 6uole pugs jaded paaj John Janice Heighway 18301 - 76th Ave W Edmonds, WA 98026 Guy Mitchell Loper. 18307 - 76th Ave W Edmonds, WA 98026 Paul Spehar/Laura Harvell-Spehar 18104 - 76th Ave W Edmonds, WA 98026 Joo Hwan Lee 7524 - 181st PI SW Edmonds, WA 98026 Louis Wein 7516 - 181st PI SW Edmonds, WA 98026 Martin King 7427 Ridge Way Edmonds, WA 98026 Therese Berg 7431 Ridge Way Edmonds, WA 98026 Bruce Erickson 7515 Ridge Way Edmonds, WA 98026 William Hanson 7531 Ridge Way Edmonds, WA 98026 Scott Deaver 8111 - 207th St SE Snohomish, WA 98296 00965 aleldwal oAjaAv ash 6uIpuad 11-181ed - olgeuoi}isodak Jonathan and Wendy Bannister 18201 - 76th Ave. W Edmonds, WA 98026 Anthony Stigall 18125 76th Ave. W Edmonds, WA 98026 ATTACHMENT 21 File No.: PLN20110074 Applicant: Jonathan Bannister On the 3rd day of February, 2012, the attached Notice of Application and Comment Period was posted as prescribed by Ordinance and in any event where applicable on or near the subject property. 1, Jennifer Machuga, hereby declare under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct this 3rd day of February, 2012, at Edmonds, Washington. Signed: {BFP747892.DOC; 1\00006.900000\r ATTACHMe ENT Z On the 3rd day of February, 2012, the attached Notice of Application and Comment Period was mailed by the City to property owners within 300 feet of the property that is the subject of the above -referenced application. The names of which were provided by the applicant. I, Diane Cunningham, hereby declare under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct this 3rd day of February, 2012 at Edmonds, Washington. Signed: {BFP747887.DOC;1\00006.900000\ } ATTACHMENT 2%` STATE OF WASHINGTON, COUNTY OF SNOHOMISH S.S. CITY OF EDMONDS NOTICE OF DEVELOPMENT APPLICATION The undersigned, being first duly sworn on oath deposes and says that she is Principal Clerk of AND COMMENT PERIOD THE HERALD, a daily newspaper printed and published in the City of Everett, County of NAME OF APPLICANT: Jonathan Bannister DATE OF APPLICATION: 12/5/2011 Snohomish, and State of Washington; that said newspaper is a newspaper of general DATE OF COMPLETENESS: 1/25/2012 circulation in said County and State; that said newspaper has been approved as a legal DATE OF NOTICE: 213!2012 FILE NO.: PLN20110074 newspaper b order of the Superior Court of Snohomish County and that the notice P tY PROJECT LOCATION: 18201 - 76th Ave. W, Edmonds, WAY PROJECT DESCRIPTION: Application for an administrative Conditional, Use Permit (Type II decision) for a home occupation to conduct private Instruction in traditional Japanese martial and cultural arts. The site is zoned -Single -Family Residential (RS -12). Notice of Development Application REQUESTED PERMIT: Conditional Use Permit OTHER REQUIRED PERMITS: Business License REQUIRED STUDIES: None Jonathan Bannister EXISTING ENVIRONMENTAL DOCUMENTS: None COMMENT PERIOD: Comments due by February 17, 2012. Any PLN20110074 person has the right to comment on this application during the public comment period, receive notice and participate in any decision the hearings, and request a copy of the on application. The City may accept public comments at any time prior to the closing of the record of an open record pre -decision hearing, if a printed copy of which is hereunto attached, was published in said newspaper proper and not any, or, if no open record pre -decision hearing is provided, prior to the decision on the project permit. Only parties of record as in supplement form, in the regular and entire edition of said paper on the following days and defined In ECDC 20.07.003 have standing to initiate an times, namely: administrative appeal. Information on this application can be viewed at the City of Edmonds Development Services Dept., 121 5th Ave. N, Edmonds, February 03, 2012 WA 98020. CITY CONTACT: Jen Machuga, Associate Planner 425-771-0220, x1224 Published: February 3, 2012. and that said newspaper was regularly distributed to its subscribers during all of said period. E ! Subscribed and sworn to before me this 3rd day of , - - February, 202 Notary Pttbfi t for the Sta{e of Washington, residing at Everett, Snohomish County. Account Name: City of Edmonds Account Number: 101416 Order Number: 0001766130 ATTACHMENT 21 Keith Barnett 18205 — 76th Ave. W Edmonds, WA 98026 February 13, 2012 City of Edmonds Development Services Department Planning Division 1215th Avenue North Edmonds, WA 98020 FEB v 2012 Re: Conditional Use Permit (Type II) For Home Occupation -- File # PLN 20110074 (Bannister) Dear Ms. Jen Machuga, I would like to become a party of record against the administrative Conditional Use Permit (Type II) for home occupation filed by Jonathan Bannister on 12/05/2011. Mr. Bannister has filed for an administrative Conditional Use Permit (Type II decision) under Home Occupations Chapter 20.20.010B in regards to his property at 18201— 761h Ave. West, which abuts our property on the east side. His intention is to teach martial arts classes including self-defense, archery, and swordsmanship out of his home during the hours of 8 a.m. until 9 p.m. each day, with one client and one vehicle per hour. We are opposed to Mr. Bannister's application for a number, of reasons: 1. Depreciation of social and economic stability/home values in the neighborhood 2. Excessive traffic and parked vehicles 3. Environmental concerns for pollution from run-off during storm events 4. Nuisance and inconvenience to surrounding neighbors 5. Potential for crime from unknown visitors/clients 6. Excessive noise emanating from the studio Our area is zoned as a Single -Family Residential (RS -12) zone. Chapter 20.20.000 Purpose "[guarantees] neighboring residents freedom from excessive noise, excessive traffic, nuisance, fire hazard, and other possible potential negative impacts from the maintenance of a commercial use within a residential neighborhood." We believe the type of business that Mr. Bannister is proposing will be detrimental to the character and the social and economic stability of our residential neighborhood. We feel having a martial arts studio next door will depreciate the value of our homes. We live on a cul-de-sac with only four homes and a narrow private drive that is owned and maintained by these four property owners. Any necessary cost for repairs or maintenance to the drive is our responsibility- not the City of Edmonds. According to Mr. Bannister's proposal in his letter dated January 11, 2012, this could mean as many as thirteen (13) additional cars or more each day on our private drive. We believe the additional number of cars would result in more wear and tear on the pavement, increase the amount of polluted urban runoff when rain occurs, present a nuisance and inconvenience to the remaining neighbors, and create an unsafe environment to the neighbors and their children. ATTACHMENT 25 "AiShinKai , LLC" is already listed on the internet as a business address with maps to the location. Since a home occupation allows a private residence to be listed as a business address in the phone directory, we are concerned that this will bring additional unknown walk-up/drive-in customers into our neighborhood, in addition to the proposed allowance of one car/one client per hour. Furthermore, with the influx of even more vehicles we are now exposed to the possibility of more crime in our neighborhood. Also in his letter of January 11, Mr. Bannister states he has room to park seven vehicles on his property. I don't see how a parking lot for seven cars or an 18" x 30" sign visible from my house enhances the character of this Zone RS -12 neighborhood or the value of my home. I believe Mr. Bannister is not disclosing his true intentions while applying for the Type 11 decision. In 2006 we were initially told that the remodeling for the "dojo" was for the family's own private use. Since its completion, I believe in 2007, Mr. Bannister has been conducting private lessons on the premises. When the dojo windows are open, the sounds emanating are loud, crude, and at times repulsive. Working or sitting in our yard is not pleasurable to say the least, and our children don't even feel comfortable in their own backyard. Subsequently, in addition to the reasons previously cited, we are opposed to having unknown people or clients coming into our neighborhood, wielding swords and other weapons on their premises. This type of activity does not belong in a residential neighborhood. There are plenty of vacant strip malls in the immediate area that are available for lease for martial arts classes. Would you want to live next door to a martial arts studio? Sincerely, Keith Barnett Attachment � � +� `\\q\\� � i� .\. Pamela Barnett 18205 — 76th Ave. W Edmonds, WA 98026 February 13, 2012 City of Edmonds Development Services Department Planning Division 1215th Avenue North Edmonds, WA 98020 PLAIW v i2 Re: Conditional Use Permit (Type li) For Home Occupation -- File # PLN 20110074 (Bannister) Dear Ms. Jen Machuga, As per our phone conversation on February 6, 2012, 1 would like to become a party of record against the administrative Conditional Use Permit (Type II) for home occupation filed by Jonathan Bannister on 12/05/2011. Mr. Bannister has filed for an administrative Conditional Use Permit (Type II decision) under Home Occupations Chapter 20.20.010B in regards to his property at 18201— 76th Ave. West, which abuts our property on the east. side. His intention is to teach martial arts classes including self- defense, archery, and swordsmanship put of his home during the hours of 8 a.m. until 9 p.m. each day, with one client and one vehicle per hour. We are opposed to Mr. Bannister's application for a number of reasons: 1. Depreciation of social and economic stability/home values in the neighborhood 2. Excessive traffic and parked vehicles 3. Environmental concerns for pollution from run-off during storm events 4. Nuisance and inconvenience to surrounding neighbors 5. Potential for crime from unknown visitors/clients 6. Excessive noise emanating from the studio Our area is zoned as a Single -Family Residential (RS -12) zone. Chapter 20.20.000 Purpose "[guarantees] neighboring residents freedom from excessive noise, excessive traffic, nuisance, fire hazard, and other possible potential negative impacts from the maintenance of a commercial use within a residential neighborhood." We believe the type of business that Mr. Bannister is proposing will be detrimental to the character and the social and economic stability of our residential neighborhood. We feel having a martial arts studio next door will depreciate the value of our homes. We live on a cul-de-sac with only four homes and a narrow private drive that is owned and maintained by these four property owners. Any necessary cost for repairs or maintenance to the drive is our responsibility — not the City of Edmonds. According to Mr. Bannister's proposal in his letter dated January 11, 2012, this could mean as many as thirteen (13) additional cars or more each day on our private drive. We believe the additional number of cars would result in more wear and tear on the pavement, increase the amount of polluted urban runoff when rain occurs, present a nuisance and inconvenience to the remaining neighbors, and create an unsafe environment to the neighbors and their children. ATTACHMENT 26 "AiShinKai , LLC" is already listed on the internet as a business address with maps to the location. Since a home occupation allows a private residence to be listed as a business address in the phone directory, we are concerned that this will bring additional unknown walk-up/drive-in customers into our neighborhood, in addition to the proposed allowance of one car/one client per hour. Furthermore, with the influx of even more vehicles we are now exposed to the possibility of more crime in our neighborhood. Also in his letter of January 11, Mr. Bannister states he has room to park seven vehicles on his property. I don't see how a parking lot for seven cars or an 18" x 30" sign visible from my house enhances the character of this Zone RS -12 neighborhood or the value of my home. I believe Mr. Bannister is not disclosing his true intentions while applying for the Type II decision. In 2006 we were initially told that the remodeling for the "dojo" was for the family's own private use. Since its completion, I believe in 2007, Mr. Bannister has been conducting private lessons on the premises. When the dojo windows are open, the sounds emanating are loud, crude, and at times repulsive. Working or sitting in our yard is not pleasurable to say the least, and our children don't even feel comfortable in their own backyard. Subsequently, in addition to the reasons previously cited, we are opposed to having unknown people or clients coming into our neighborhood, wielding swords and other weapons on their premises. This type of activity does not belong in a residential neighborhood. There are plenty of vacant strip malls in the immediate area that are available for lease for martial arts classes. Would you want to live next door to a martial arts studio? Sincerely, Pamela Barnett Attachment vp \\�»IRV m Machuga, Jen From: jonesjepd@comcast.net FEB 11 2012 Sent: Friday, February 17, 2012 2:10 PM To: Machuga, Jen Cc: cljoneswa@aol.com PLOVIN DEP; Subject: Comments on Bannister application for conditional use permit Application File #PLN20110074, Subject property 18201 76 Av W To Whom it may concern: I am writing to obect to the issuance of a conditional use permit to Jonathan Bannister, application file number PLN20110074, Subject property 18201 76 Av W. Such a permit would have a negative impact on many of us for the following reasons: As you will note, the subject property is located at the end of a shared driveway off of 76 Av W. The subject property does not have street access other than the private roadway, either on foot or by vehicle. This roadway is the shared responsiblity of all four houses on this driveway. This permit would bring, according to the submitted paperwork, as many as 10 cars per day of operation up our private driveway. Nothing indicates anything about additional compensation or increased responsility on the part of the Bannister's as a result of this increased traffic on our private roadway. This driveway is not maintined by the City of Edmonds. Additionally, in the application Mr. Bannister indicates that his driveway can handle up to 7 cars. There is no mention that when the home was purchased, the two car garage was converted to a matial arts sudio, which means that the Bannisters don't have anywhere but their driveway for their two cars, moped and tent trailer. Therefore reducing the amount of space for customer cars. He is currently operating a home business at this location. There have been times when there are other vehicles parked on the shared driveway, therefore making it difficult to access our own driveway. I only see this getting worse, since the plan submitted appears to have as may as 7 people participating at times, including referees, sub referees, time keepers etc. If this were to occur, and each brought their own vehicle, that would be as many as 11 cars (including the Bannisters two vehicles) and there is no space for such a number of cars. Effectively there would be room, according to his statement, for 5 more vehicles. It is my opinion that unless you crammed the cars in there with only inches between them, you couldn't get 7 vehciles in his driveway without intruding on the shared driveway, which would be a hazard to fire fighters if they were to need to fight a fire or respond to an aid call. The last concern is that of the type of lessons being taught. It does not say so, but Mr. Bannister teaches Japanese sword fighting. We have seen a number of people coming for lessons carrying large weapons with them. I am sure that they all have the best of intentions, but as a 30 year police veteran it only takes one person to be slightly off on a bad day and the result can be very bad. We were assured by the Bannisters when the garage was converted that this would only be a neighborhood business with private lessons, much as a piano teacher. It is obvious that the Bannisters are now intending to increase the flow of traffice in our neighborhood on our private road. I am against the issuance because of the language in the ordinance that indicates that it must not create excessive traffic or nusance and in this case it is my belief that it would create both. He makes it sound as though he will be doing nothing other than what he is currently doing, and i submit that if that is the 7,91,212 ATTACHMENT 27 case and he has been following the statute for neighborhood business, then he does not need this permit. Thanks for considering this infomation when considering the issuance of the permit during the process. Please call if you have any other questions. If you can't reach me at the home number below, please call my cellular phone (206) 786-9137. Jeff Jones 18119 76 Av W Edmonds, WA 98026 (425) 672-1897 1)ninni1)