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PLN20140014 Staff Report with Attachments.pdf'I)C. 18`)%J CITY OF EDMONDS 121 5d' Avenue North, Edmonds WA 98020 Phone: 425.771.0220 • Fax: 425.771.0221 • Web: www.edmondswa.gov DEVELOPMENT SERVICES DEPARTMENT • PLANNING DIVISION AVI`fflvvv1H511 RAT4VE CONDITIONAL USE PERMIT FINDINGS, CONCLUSIONS, AND DECISION Project: Jacobson Home Occupation File Number: PLN20140014 Date of Report: July 2, 2014 From: Jennifer Machuga, Associate Planner Proposal: Application for a conditional use permit for a home occupation to instruct cello lessons at 543 — 3`d Ave. S. I. SUMMARY OF PROPOSED ACTION: The applicant, Scott Jacobson, has applied for a conditional use permit for a home occupation located at 543 — 3`d Ave. S. The applicant is a cello instructor, and the proposed home, occupation is for home -based private cello lessons. The site is located within the Single -Family Residential (RS-6) 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, criteria statement, floor plan, site plan, response letter, and parking plan, which are included as attachments and are referenced throughout this report. The following is staff's analysis of the project and decision. II. GENERAL INFORMATION: 1. Owner: Madeleine Rath (Attachment 1) 2. Applicant: Scott Jacobson (Attachment 1) 3. Tax Parcel Number: 00409600100900 4. Location: 543 — 3`d Ave. S, Edmonds (Attachment 2) 5. ZoninE: Single -Family Residential (RS-6) (Attachment 2) 6. Existing Use: The site contains an existing single-family residence. Page 1 of 9 File No. PLAT20140014 Administrative Conditional Use Permit Jacobson Home Occupation 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 is for home -based private cello lessons. 8. Review Process: Pursuant to ECDC 20.20.010(B) 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 H 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, which was submitted on April 24, 2014 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 criteria statement (Attachment 3) indicating how he feels that the proposal is consistent with the applicable review criteria of ECDC 20.20, a site plan (Attachment 4), and a floor plan (Attachment 5). The application was deemed complete pursuant to ECDC 20.02.003 on May 22, 2014; however, a letter was sent to the applicant via email requesting additional information/clarification (Attachment 6). In response, the applicant submitted a response letter (Attachment 7) and parking plan (Attachment 8) on May 30, 2014. 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). 1. Topography: The subject site is relatively level. 2. Soils: According to the Soil Survey of Snohomish County Area, Washington, this site consists of "Everett gravelly sandy loam, 0 to 8 percent slopes " soils (map unit symbol 17). 3. Critical Areas: A critical areas determination has not been issued for the subject site. However, since the 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 checklist and further study is not required at this time. The subject site and surrounding properties to the north, east, and south are located within the Single -Family Residential, RS-6, zone. The property directly west of the subject site is City Park, which is located within the Public Use (P) zone. Properties within the general vicinity of the site, but not immediately adjacent to the site, are within the Multiple -Family Residential (RM) and Downtown Business (BD) zones. Refer to the zoning and vicinity map for zoning designations within the vicinity of the site (Attachment 2). Immediately surrounding uses include single-family residential and a public park (City Park), while uses within the general vicinity of the site also include multi -family residential and commercial uses. Page 2 of 9 File No. PLN20140014 Administrative Conditional Use Permit Jacobson Horne Occupation VIL COMPREHENSIVE PLAN: The Comprehensive Plan designation for this site is "Single Family — Urban 1, " and the site is also located within the " Downtown/Waterfront Activit}; Center. " 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. B.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 Chapter 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 home occupation regulations of ECDC 20.20.010, the proposal appears to be consistent with the goals and policies of the Comprehensive Plan. VIII. APPLICABLE CODES: 1. ECDC I6.20 (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.B, 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 V111.3 of this report), staff feels that the proposal is in compliance with the purposes and requirements of the Single -Family Residential zone contained within ECDC 16.20. Page 3 of 9 File No. PLAT20140014 Administrative Conditional Use Permit Jacobson Home Occupation 2. ECDC 17.50 (Parking) ECDC 17.50.020(A)(1) 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. Pursuant to ECDC 18.95.030(B), one tandem space may be provided in order to meet the minimum required parking on RS-zoned lots. As such, one of the three required parking stalls may be tandem with another one of the required stalls. The applicant's criteria statement (Attachment 3) stated that there was sufficient space on site to accommodate the three required parking stalls; however, staff requested additional information related to the parking requirements in the letter sent to the applicant on May 22, 2014 (Attachment 6). In response, the applicant provided a response letter (Attachment 7) and parking plan (Attachment 8). The parking plan provided detailed dimensional information on the existing carport and driveway indicating that the existing carport is large enough to accommodate two side -by -side parking stalls with sufficient space for one tandem stall within the driveway in front of one of these two side -by -side stalls. The Engineering Division reviewed the parking plan, and concluded that the applicant provided sufficient documentation indicating that the existing site conditions can accommodate the three required on -site parking stalls (Attachment 10). 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 17.50.020(A)(1) and ECDC 20.20.010(B)(7). 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 permitted outright as a 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 20.20.010(B) are provided in italics below with staff s analysis of the proposal's compliance with each criterion 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. Staffs Analysis: As stated in the applicant's criteria statement (Attachment 3), the subject proposal is for home -based private cello lessons, and the keeping of animals was not included as part of the proposal. 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. Page 4 of 9 File No. PLAT20140014 Administrative Conditional Use Permit Jacobson Home Occupation 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. 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 criteria statement (Attachment 3) and floor plan (Attachment 5), the existing living room will be utilized as the teaching room. As such, business -related activities will be carried on entirely within the main structure on the site, without any significant outdoor activity. The floor plan (Attachment 5) indicates that the "living room/teaching room" is approximately 330 square feet. 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. 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. Staffs Analysis: The proposal is for a small-scale, home -based business where the applicant, Scott Jacobson, will be teaching private cello lessons within the residence. As stated in the applicant's criteria statement (Attachment 3), all business will be conducted within the "living room / teaching room." 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. Staffs Analysis: The applicant's criteria statement (Attachment 3) confirms that he resides at the subject site and that he has no employees who would be visiting the site. Therefore, this criterion has been met by the subject proposal. 5. Does not include visits from customers in excess of one vehicle per hour. Staffs Analysis: The applicant's criteria statement (Attachment 3) states that the proposal will not include visits to the site from customers in excess of one vehicle per hour. In response to staff s request for additional information (Attachment 6), the applicant clarified that hour-long time slots will be scheduled for each lesson, so if students request a shorter lesson of 30 minutes or 45 minutes in length, an unfilled time gap of 30 minutes or 15 minutes respectively will occur before the next lesson, causing no more than one lesson per hour (Attachment 7). As such, this criterion has been met by the subject proposal. Page 5 of 9 File No. PLAT20140014 Administrative Conditional Use Permit Jacobson Home Occupation 6. Does not include visits from customers between the hours of 9: 00 p.m. and 8: 00 a.m.. Staffs Analysis: The applicant's criteria statement (Attachment 3) states that lessons will only be offered weekdays between the hours of 9:00 am and 8:00 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. Staffs 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 criteria statement (Attachment 3) confirms that no commercial vehicle will be used as part of the home occupation. This criterion has been met by the subject proposal. 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). The applicant has not indicated plans to sell or display any goods. It is likely that the applicant may wish to sell instructional materials, such as music books, to students during their scheduled lessons. The sale of instructional materials is allowed under ECDC 20.20.020(A). The conditions of approval include the requirement for the home occupation to comply with the general regulations of ECDC 20.20.020, or as amended, which will help to ensure that no goods outside of instructional materials will be sold on the premises. 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's response letter submitted on May 30, 2014 states that he is not proposing to have a sign associated with the home occupation (Attachment 7). �, 1 This application was reviewed and evaluated by the Building and Engineering Divisions. The Building Division did not have any comments on the subject proposal (Attachment 9). The Engineering Division provided a memorandum (Attachment 10) indicating that the proposal is consistent with ECDC Title 18 and Engineering Standards and confirming that the applicant provided sufficient documentation indicating that the existing site conditions can accommodate the three required on -site parking stalls. As always, a thorough review by all affected divisions/departments will be conducted at the time of business license application review. Page 6 of 9 File No. PLN20140014 Administrative Conditional Use Permit Jacobson Home Occupation 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 May 27, 2014 with a public comment period running until June 10, 2014 was posted at the subject site, Public Safety Complex, Development Services Department, and Library on May 23, 2014. The notice was published in the Herald Newspaper on May 27, 2014. This notice was also mailed to residents within 300 feet of the site on May 23, 2014 using a mailing list provided by the applicant. All public notice materials, including the notice of application, declarations of posting and mailing, adjacent property owners' list, and affidavit of publication are included as Attachment 11. One public comment letter was received during review of the proposal, which was received from Gregg and Darcie Larson via email on June 2, 2014. Mr. and Mrs. Larson requested that their comments be kept confidential and raised concerns over noise and increased traffic within the neighborhood. Staff Response to Public Comments: Staff emailed Mr. and Mrs. Larson on June 4, 2014 explaining that all comments received on land use applications are public record, so any comments received cannot be kept confidential. Mr. and Mrs. Larson acknowledged this on June 4, 2014 (Attachment 12). The City's home occupation regulations were updated in 2011 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. This approval includes several conditions, including a limitation on visits from no more than one vehicle per hour, the requirement to comply with the City's noise ordinance, and the requirement that a business license through the City Clerk's Office must first be obtained before operating the business. During review of the business license application, each applicable division/department will review the business proposal to make sure that it is consistent with the conditions of this approval. 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-6) zone, the on -site parking requirements, and the home occupation requirements. M Based on the facts, conclusions, and attachments to this report, staff finds that the Conditional Use Permit for File No. PLN20140014 is APPROVED with the following conditions: Page 7 of 9 File No. PLAT20140014 Administrative Conditional Use Permit Jacobson Home Occupation 1. The applicant shall obtain a business license through the City Clerk's Office prior to operating the home occupation. 2. Signage was not included as part of the subject proposal. Any future signage shall comply with the regulations of ECDC 20.20.020.13 and ECDC 20.60. 3. The home occupation shall comply with all of the criteria of ECDC 20.20.010(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.. 4. The home occupation shall comply with the general regulations of ECDC 20.20.020, or as amended. 5. The home occupation shall comply with the City's noise standards of ECC 5.30, or as amended. 6. 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. rfflmv§�_ •c 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 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 II decision. Any person wishing to file an extension should contact the Planning Division for further procedural information. V. APPEALS: Pursuant to ECDC 20.07.004, a party of record may submit a written appeal of a Type H 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. City of Edmonds 121 5`h Ave. N Edmonds, WA 98020 Mr. Scott Jacobson 543 — 3rd Ave. S Edmonds, WA 98020 Ms. Madeleine Rath 18140 — 84`h Ave. W Edmonds, WA 98026 Gregg and Darcie Larson 554 — 4`h Ave. S Edmonds, WA 98020 Page 8 of 9 File No. PLAT20140014 Administrative Conditional Use Permit Jacobson Home Occupation XVI. ATTACHMENTS: 1. Land Use Application Form 2. Zoning and Vicinity Map 3. Applicant's Criteria Statement 4. Site Plan 5. Floor Plan 6. Staff s Request for Additional Information, dated 5/ 22/14 7. Applicant's Response Letter 8. Parking Plan 9. Building Division Comment Form 10. Engineering Division Memorandum, dated 6/ 12/14 11. Public Notice Materials 12. Comment Emails from Gregg and Darcie Larson, received 6/2/14 and 6/4/14 Page 9 of 9 City of • • Land Use Application ❑ ARCHITECTURAL DESIGN REVIEW ®° ❑ COMPREHENSIVE PLAN AMENDMENT td )W� CONDITIONAL USE PERMIT FILE # i--1"t Z"(ZONE 5 — 6 0 HOME OCCUPATION DATE L 1 r REC'D BY 0 U q J ❑ FORMAL SUBDIVISION y ❑ SHORT SUBDIVISION FEE RECEIPT # ❑ LOT LINE ADJUSTMENT HEARING DATE ❑ PLANNED RESIDENTIAL DEVELOPMENT ❑ OFFICIAL STREET MAP AMENDMENT ❑ HE STAFF ❑ PB ❑ ADB ❑ CC ❑ STREET VACATION ❑ REZONE 0 SHORELINE PERMIT ❑ VARIANCE / REASONABLE USE EXCEPTION ❑ OTHER: APR 21 a PLEASE NOTE THAT ALL INFORMATION CONTAINED WITHIN THE APPLICATION' IS A PUBLIC RE ®PM PROPERTY ADDRESS OR LOCATION �� - 3� Ay,5 S F-dot.^ 5 WA- qso2�® PROJECT NAME (IF APPPLICABLE) PROPERTY'OWNERaal PONE#Ikl(AL?-5J 679 /7 ADDRESS 1 ILL - EAos 6k IML& E-MAIL ®-A04,- t® FAX # ®M®st- -- TAX ACCOUNT # OQCi 0C`J6C2(3t0() 000 SEC. TWP. RNG. DESCRIPTION OF PROJECT OR P/OPOSED SE ( TTACH COVER LET ERAS NECESSARY) -�®- O �%/H/�i7� [��oSS�66LS� .�iYf�Cfd L✓ i ) DESCRIBE HOW THE 'PROJECT MEETS APPLICABLE CODES (ATTACIYCOVt ER LEST AS NECESSARY) �g- C.vvy— APPLICANT 77 % 5 1) PHONE#(2-U, ) R ^ akc4 ADDRESS fit= � r W� E-MAIL 5c-aTA, cro,%5aA1 @G C(DA FAX# CONTACT PERSON/AGENT t =�4� ins 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, indenmify, 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 the own ted below. SIGNATURE OF APPLICANT/AGENT DATE Yh.71.201LI Property Owner's Authorization I, ,J, i 1w i n4` , certify under the penalty of perjury under the laws of the State of Washington that the following is a true and correct statement: I have orized the above Applicant/Agent to apply for the subject land use application, and grant my permission for th ublic of c'als and the staff of the City of Edmonds to enter the subject property for the purposes of inspection and postin to dant to is ap licat SIGNATURE OF OWN a DATE Questions? Call (425) 771-0220. M SERVICES Revised on 8122112 B - Land Use Application r > 3perty• we. S EN HOWELL WAY A. J a r, `BE) 3v Lo H OF EDAf Zoning and icinA L >> N File No. PLN20140014 0 100 zoo 400 A Feet ATTAC H M F N T 2 April 17, 2014 RECEIVED DEVELOPMENT SERVICES The proposed action for the dwelling at 543 3`d Ave S is for the unit to be used as a private studio for teaching music lessons. Scott Jacobson intends to teach cello lessons at the above address, restricting business functions to the space labeled "Living Room/Teaching Room" on the submitted floor plan. Lessons will be offered on weekdays between the hours of 9:00 a.m. and 8:00 p.m. The number of students per day will not exceed eight, and no more than one student will receive instruction during a given lesson time. Accordingly, the hours that teaching will occur in actuality will not amount to the entire eleven -hour window of the time indicated above. The code requirements for home occupation (ECDC 20.20.010 A) in Edmonds will be met in the following ways: 1. Scott Jacobson, residing at the proposed address, will employ no one, restricting the functions of conducting the business to himself alone. 2. All business will be conducted within the dwelling. 3. No equipment unusual to a residence is necessary for the functioning of the business. 4. No pickups/deliveries relating to the business will occur. 5. No sounds unusual to a residence will be audible outside the home. The cello is low - register acoustic instrument whose sound does not carry beyond the unit to neighboring residences. This eliminates any concerns regarding noise during business hours. 6. There will be no employees apart from Scott Jacobson residing at 543 3`d Ave S. Scott Jacobson will be the only person conducting the business at this address. 7. The business will be prepared for compliance with regard to ECDC 17.60.010. 8. No commercial vehicles pertaining to this business will exist on the property. Further code requirements as described in ECDC 20.20.010 B will also be met: 1. No animals will reside either permanently or temporarily in the home. 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. 3. The occupation will not create a condition which injures or endangers the comfort, or pose health or safety threats to persons on abutting properties or streets. 4. The occupation does not include visits to the site from any nonresident employee; and 5. Does not include visits from customers in excess of one vehicle per hour; and 6. Does not include visits from customers between the hours of 9:00 p.m. and 8:00 a.m.; and 7. Visits to the site by customers are accommodated by a sufficient number of parking spaces. The drive at 543 3`d Ave S provides spaces for at least three vehicles to be parked at once. The site plan submitted with this document shows the existing 76 ft. of paved driveway as offering over 20 ft. of width on the east end (17 ft. of which are covered by the carport) for parking two vehicles side by side, and ample space for another to be parked west of these. 8. No parking or storage is provided for any commercial vehicle at this dwelling unit pursuant to ECDC 17.50.100. a j,: MCC) ILI ti L 10,49 aim qo t-0 XWV li,)IIeW2W OW-4 10 Ica IQLATIUIFI t�kv-fiQ4 C4=A9&-v RECOVED APR 2 4 20% 121 5th Avenue North, Edmonds WA 98020 Phone: 425.771.0220 ® Fax: 425.771.0221 ® Web: www.edmondswa.gov .DEVELOPMENT SERVICES DEPARTMENT ® PLANNING DIVISION <tlC l $yam May 22, 2014 Mr. Scott Jacobson Email: scojacobson@gmail.com SUBJECT: REQUEST FOR ADDITIONAL INFORMATION FOR PROPOSED HOME OCCUPATION LOCATED AT 543 — 3" AVE. S, FILE NO. PLN20140014 Dear Mr. Jacobson: Your land use application for a home occupation located at 543 — 3rd Ave. S is considered complete pursuant to Edmonds Community Development Code (ECDC) Section 20.02.002. However, during staff's continued review of your application, it was determined that additional inform ation/clarification is necessary. Please provide responses to the following items at your earliest convenience so that staff s review of the proposal can continue: 1. Parking: As you are aware, three on -site parking stalls are required for home occupations where visits to the site will be made by customers. The minimum dimensional requirement for a parking stall is a width of 8.5' by a length of 16.5'. Pursuant to ECDC 18.95.030.13, one of the three required parking stalls may be tandem with another one of the required stalls; however, the third stall must be separately accessible (i.e. you cannot have three tandem parking stalls in line with one another). It appears that there is sufficient room on site to provide the three required parking stalls; however, additional dimensions must be provided in order for staff to confirm compliance with the parking requirements. Please provide a revised site plan indicating the width of the driveway on the western side of the site (the narrower portion of the driveway), the length of the portion of the driveway that is 20'-9" wide, and the dimensions of the existing carport. Additionally, it would be helpful if you drew the locations of the three required parking stalls directly on the site plan utilizing rectangles that are 8.5' in width by 16.5' in length. 2. Si a e: Are you proposing to have a sign as part of your business? If so, please note that a conditional use permit is required for signage associated with a home occupation, so it would be best to include it with the subject application at this time. Refer to ECDC 20.20.020.13 for the regulations related to signage for home occupations. 3. Lessons: Your cover letter indicates that your business will not include visits to the site by more than one vehicle per hour. It is assumed, therefore, that you offer hour-long lessons. Please confirm whether this is correct, and/or provide any additional necessary clarification on the length of time scheduled for each lesson. Please submit the above information to the Planning Division 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 Page 1 of 2 information (ECDC 20.02.003.D)). Thus, your application will expire if the requested information is not received by August 20, 2014. If you have any questions, please do not hesitate to contact me via phone at (425) 771-0220 or via email at Jen.Machugagedmondswa.gov. Sincerely, Development Services Department - Planning Division Jen Mach uga Associate Planner Cc: File No. PLN20140014 Page 2 of 2 May 29, 2014 SUBJECT: RESPONSE TO REQUEST FOR ADDITIONAL INFORMATION FOR PROPOSED HOME OCCUPATION LOCATED AT 543 — 3RD AVE. S, FILE NO. PLN20140014 1. Parking: Please see attached parking plan. Plan is drawn to scale. Note that the attached digital scan is necessarily reduced in order to fit the 8 % x 11" standard document size; the plan therefore no longer represents a 1/8" to 1' correspondence as expressed on the hard copy. 2. Signage: I do not propose to use a sign as part of the business. 3. Lessons: On -site vehicle visits will be restricted to one per hour by offering hour-long lessons in the home. For students who desire shorter lessons, 30-minute or 45-minute lessons will also be offered, resulting in an unfilled time gap of 30 or 15 minutes respectively until the next vehicle arrives on site for the following lesson appointment. ..� . �` �; � _..: i r =,.. c Ch r OF EDMC Cc V-Engineering Fire Project Number: PLN20140014 Applicant's Name: SCOTT JACOBSON Property Location: 543 3Ro AVE. S. Date of Application: 04.24.14 Date Form Routed: 04.25.10 Zoning: SINGLE FAMILY (RS-6) Project Description: CONDITIONAL USE PERMIT FOR A HOME OCCUPATION FOR PRIVATE STUDIO TO BE USED FOR TEACHING CELLO LESSONS. If you have any questions or need clarification on this project, please contact: Responsible Staff: JEN MACHUGA Ext. 1224 Name of Individual Submitting Comments: f, Pz vj- b<6' Title: ti a, G 1 11 f"al n have reviewed this land use proposal for my department and have concluded that ►T 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 Date: To: From: Subject: June 12, 2014 Jen Machuga, Planner JoAnne Zulauf, Engineering Technician PLN20140014 Proposed Home Occupation Jacobson 543 3" Ave S Engineering has reviewed the conditional use permit application for the Jacobson property at 543 — 3rd Ave S. The information provided is consistent with Title 18 Edmonds Community Development Code & Engineering standards. The applicant has provided sufficient documentation indicating that the existing site conditions can accommodate the three required on -site parking stalls. Thank you. City of Edmonds Periodand Comment NAME OF APPLICANT: DATE OF APPLICATION: DATE OF COMPLETENESS: DATE OF PUBLIC NOTICE: PROJECT LOCATION: PROJECT DESCRIPTION: REQUESTED PERMITS: OTHER REQUIRED PERMITS: REQUIRED STUDIES: EXISTING ENVIRONMENTAL DOCUMENTS: PUBLIC COMMENTS DUE: Scott Jacobson April 24, 2014 May 22, 2014 May 27, 2014 543 - 3rd Ave. S., Edmonds, WA Tax Parcel Number 00409600100900 Application for an administrative Conditional Use Permit (Type II decision) for a home occupation to instruct home -based cello lessons. The site is zoned Single -Family Residential (RS-6). Conditional Use Permit - Home Occupation. Business License. None. Unknown. June 10, 2014 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. Office hours are Mondays, Tuesdays, Thursdays, and Fridays from 8:00 a.m. to 4:30 p.m. and Wednesdays from 8:00 a.m. to noon. Information can also be viewed online through the city's website at www.edmondswa.gov through the Online Permits link. Search for application PLN20140014. City of Edmonds Development Services Department Planning Division 121 5th Avenue North Project Planner: Jen Machuga Jen.Machuga@edmondswa.gov 425.771.0220 x 1224 0, ev Aoninga 4i File 1 220 • .00__77— I�l 440 Feet On the 23rd day of May, 2014, 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. I, Jennifer Machuga, hereby declare under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct this 23rd day of May, 2014, at Edmonds, Washington. Signed: {BFP747392.DOC;1\00006.900000\' } On the 23rd day of May, 2014, 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 23rd day of May, 2014 at Edmonds, Washington. q Signed: J a {BFP747887.DOC;1\00006.900000\ } 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. Signatu Applicant or Applicant's Representative Subscribed and sworn to before me this 2—r day of Public in a Residing at the State of Washington IO A� i�st ®�aoo�oee��3 t�t�9l�lane�r �0 Revised on 9130111 P2 -Adjacent Property Owners List Page 2 of 2 00409600100700 00409600100500 00409600100600 STEINLE PAMELA SPARKS ALAN 1 STOULIL RYAN COREY 112 ST ANDREWS PL 527 3RD AVE S PO BOX 841 TULLAHOMA,TN 37388 EDMONDS,WA 98020 EDMONDS,WA 98020 00409600101000 00409600101200 00409600101600 SCHMIT ELEANOR C HAMACK SANDRA L MT BAKER ASSOCIATES LP 545 3RD AVE S 558 4TH AVE S PO BOX 1329 EDMONDS,WA 98020 EDMONDS,WA 98020 EDMONDS,WA 98020 00409600200300 00409600200600 00409700000100 CURTIS CHESTER & DOLORES WILSON LINDA M RAUGI BRANDON J PO BOX 1087 555 4TH AVE S 11040 S DEER DR EDMONDS,WA 98020 EDMONDS,WA 98020 EDMONDS,WA 98020 00409700000200 00409700000701 00409700000800 RAUGI BRANDON & DANA WOODMAN DALLAS JOHN COPSTEAD ELIZABETH F 11040 S DEER DR PO BOX 492 931 MOUNTAIN LANE WOODWAY,WA 98020 EDMONDS,WA 98020 EDMONDS,WA 98020 00409700000900 270326001.01700. Scoft Jacobson COPSTEAD ELIZABETH F GIPSON PATRICK G & MARYANNE 543 3rd Ave 5 931 MOUNTAIN LANE 7114TH AVE S Edmonds, WA 98020 EDMONDS,WA 98020 EDMONDS,WA 98020 27032600101500 00409600100400 00409600100800 CRAWFORD BLAINE 1R MAHONEY SUSAN LARSON HELMA A 229 4TH AVE S 5213RD AVE S 5413RD AVE S EDMONDS,WA 98020-3562 EDMONDS,WA 98020-4103 EDMONDS,WA 98020-4103 00409700000300 00409600101300 00409600101400. CRAIG KATHRYN A LARSON GREGG & DARCIE DRULLINGER MARK A 715 3RD AVE S 554 4TH AVE S 544 4TH AVE S EDMONDS,WA 98020-4107 EDMONDS,WA 98020-4110 EDMONDS,WA 98020-4110 00409600101500 00409600200400 00409600200500 OKESON RUD LANG JACK A PAULSON GILLIAN 534 4TH AVE S 5414TH AVE S 547 4TH AVE S EDMONDS,WA 98020-4110 EDMONDS,WA 98020-4189 EDMONDS,WA 98020-4189 00409600200100 00409600101700 00409600101100 FOURTH STREET APARTMENTS LLC HOLLINGBERRY AARON R & JAMIE P PICKETT RONALD 624 ELM PL 1452 8TH PL S 654 4TH AVE S EDMONDS,WA 98020-4646 EDMONDS,WA 98020-6609 EDMONDS,WA 98020-7226 00409700000702 00409700000400 00409700001000 ULBERG DONALD G ELLINGTON GLEN 0 & CAROL L CRUMP ERICJ & KAREN J 728 4TH AVE S 2023185TH PL W 7315 175TH ST SW EDMONDS,WA 98020-7228 EDMONDS,WA 98026 EDMONDS,WA 98026-5133 ttiquettes Easy Peel® A Repliez a la hachure afin de i Sens de vvv r�v.aever t��n Utilisez le a€earit AVERY@ 5J600 9 re�reier le reb®rc1 �® n+c chargernes�t l Q J 1-000-GO-AVERY ATH MADELEINE 533 EDMONDS LLC 8140 84TH AVE W 8001 14TH AVE NE DMONDS,WA 98026-5717 SEATTLE,WA 98115 :BRUST DEVELOPMENT CO LLC 4012 COLBY AVE STE 103 EVERETT,WA 98201 State of Washington } County of Snohomish } ss Karen Van Horn being first duly sworn, upon oath deposes and says: that he/she is the legal representative of the Everett Daily Herald a daily newspaper. The said newspaper is a legal newspaper by order of the superior court in the county in which it is published and is now and has been for more than six months prior to the date of the first publication of the Notice hereinafter referred to, published in the English language continually as a daily newspaper in Snohomish County, Washington and is and always has been printed in whole or part in the Everett Daily Herald and is of general circulation in said County, and is a legal newspaper, in accordance with the Chapter 99 of the Laws of 1921, as amended by Chapter 213, Laws of 1941, and approved as a legal newspaper by order of the Superior Court of Snohomish County, State of Washington, by order dated June 16, 1941, and that the annexed is a true copy of 564684 Scott Jacobson Notice of Development Application EDH as it was published in the regular and entire issue of said paper and not as a supplement form thereof for a period of 1 issue(s), such publication commencing on 05/27/2014 and ending on 05/27/2014 and that said newspaper was regularly distributed to its subscribers during all of said period. i The amount of the fee for such 1ublication is $56.76� 1 �Cti 1 Subscribed and sworn before me on this day of Notary Public in and for the Washington. City of Edmonds -LEGAL ADS 1 14'164W JEN MACHUGA j PLN20140014 NOA 1 . -- CITY OF EDMONDS NOTICE OF DEVELOPMENT APPLICATION AND COMMENT PERIOD NAME OF APPLICANT: Scott Jacobson DATE OF APPLICATION: 4/24/2014 DATE OF COMPLETENESS;: 5/2212014 DATE OF NOTICE:5/27/2014 - FILE NO.: PLN20140014 - PROJECT LOCATION: 543 - 3rd Ave. S, Edmonds, WA PROJECT DESCRIPTION: Applicationfor an, administrative Conditional Use Permit (Type II decision): for a homeoccupation to instruct hbme-based cello lessons. The site is zoned Single - Family Residential (RS-6). REQUESTED PERMIT: Conditional Use Permit -.Home Occupation., Information on this application can be viewed at the City. of.. Edmonds Development Services, Dept., 121. 51h Ave. N, Edmonds, WA 98020- , - OTHER REQUIRED PERMITS: Business License REQUIRED STUDIES: None EXISTING ENVIRONMENTAL DOCUMENTS: Unknown COMMENT PERIOD: Comments due by June 10. 2014. Any person has the right to comment on this application during the public comment period, receive notice and participate in an9 hearings, and request a copy of the decision on the application. The City. may accept public comments at any time priorto the closing of the record of an open record pre -decision hearing, if any, or, if no open record pre -decision 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. - CITY CONTACT: Jan Machuga, Associate Planner - 425-771-0220,Jen.Machuga@edmondswa gov Published: May 27, 2014,.' From: gregg537@comcast.net Sent: Monday, June 02, 2014 9:04 AM To: Machuga, Jen Subject: RE: File#PLN20140014 - objection to permit Jen, * I ask that these comments be kept confidential from the applicant but we will look forward to updates from the city. * We live behind the applicant's house and object to a Cello instruction business in this quiet residential neighborhood. Cello music can be loud, low, and resonant; allowing this commercial activity will increase the noise pollution impacts upon the surrounding properties and decrease property value. Music instruction is not music but often short and disjointed un-melodic disruptions. For these reasons, music instruction in a professional setting is typically done in soundproof rooms, even in commercially zoned properties. Additionally, music instruction is often conducted outside of normal business hours, further increasing the negative impacts this business would bring to our neighborhood. Finally, with client's arrivals / departures, the traffic impact is outside the zoning plans for this property. Please help us preserve our neighborhood as single-family residential and reject this application for Cello music instruction. Thank you, Gregg & ®arcie Larson 554 4th Ave S Edmonds WA 98020 206-669-1161 Machucia, Jen From: gregg537@comcast.net Sent: Wednesday, June 04, 2014 11:26 AM To: Machuga, Jen Subject: Re: File#PLN20140014 - objection to permit Thank you for the clarification Jen. From: "Jen Machuga" <Jen.Mach uga@edmondswa.gov> To: gregg537 comcast.net Sent: Wednesday, June 4, 2014 11:16:29 AM Subject: RE: FilePLN20140014 - objection to permit Dear Mr. and Mrs. Larson, Thank you for your comments. All comments received on land use applications, however, are public record, so I cannot keep them confidential from the applicant. Your comments will be addressed in the staff report when the decision on the application is issued. As a party of record, you will be mailed a copy of the staff report. Sincerely, Jen Jennifer Machuga, Associate Planner City of Edmonds, Planning Division 121 - 5th Avenue North Edmonds, WA 98020 (425) 771-0220 ext. 1224 Jen.Machuga@edmondswa.gov From: greg_a537@comcast.net [mailto:gregg537(c0comcast.net] Sent: Monday, June 02, 2014 9:04 AM To: Machuga, Jen Subject: RE: File#PLN20140014 - objection to permit Jen, * I ask that these comments be kept confidential from the applicant but we will look forward to updates from the city. * We live behind the applicant's house and object to a Cello instruction business in this quiet residential neighborhood. Cello music can be loud, low, and resonant; allowing this commercial activity will increase the noise pollution impacts upon the surrounding properties and decrease property value. Music instruction is not music but often short• disjointed _ •• disruptions. - _, •instruction in a professional setting is typically done in soundproof rooms, even in commercially zoned properties. Additionally, music instruction is often conducted outside of normal business hours, further increasing the negative impacts this business would bring to our neighborhood. Finally, with client's arrivals / departures, the traffic impact is outside the zoning plans for this property. Please help us preserve our neighborhood as single-family residential and reject this application for Cello music instruction. Thank you, Gregg & Darcie Larson 554 4th Ave S Edmonds WA 98020 206-669-1161