PLN20140018 Staff Report with Attachments.pdfr1jC. I S9-
CITY OF EDMONDS
121 5t' Avenue North, Edmonds WA 98020
Phone: 425.771.0220 • Fax: 425.771.0221 • Web: www.edmondswa.gov
DEVELOPMENT SERVICES DEPARTMENT • PLANNING DIVISION
AOMIN45TRATIVE CONDITIONAL USE PERMIT
FINDINGS, CONCLUSIONS, AND DECISION
Project: VanBuren Home Occupation
File Number: PLN20140018
Date of Report: August 29, 2014
From:
ennifer Machuga, Associate Planner
Proposal: Application for a conditional use permit for a home occupation to conduct
personal fitness training at 23203 — 77`h Place West.
I. SUMMARY OF PROPOSED ACTION:
The applicant, Jeremy VanBuren, has applied for a conditional use permit for a home occupation
located at 23203 — 77`h Pl. W. The applicant is a personal fitness trainer, and the proposed home
occupation is for home -based private training. The business will be conducted in a detached
structure near the northeastern corner of the site. The site is located within the Single -Family
Residential (RS-8) 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: Jeremy VanBuren (Attachment 1)
2. Applicant: Jeremy VanBuren (Attachment 1)
3. Tax Parcel Number: 00807500000100
4. Location: 23203 — 77t` Pl. W, Edmonds (Attachment 2)
5. Zoning: Single -Family Residential (RS-8) (Attachment 2)
Page 1 of 8
File No. PLN20140018
Administrative Conditional Use Permit
VanBuren Home Occupation
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
is for home -based personal fitness training.
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 May 28, 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 description of the proposed use and criteria
statement indicating how he feels that the proposal is consistent with the applicable review
criteria of ECDC 20.20(Attachment 3), a site plan (Attachment 4), and a floor plan of the
business space (Attachment 5). The application was deemed complete pursuant to ECDC
20.02.003 on June 25, 2014; however, a letter was sent to the applicant requesting additional
information/clarification (Attachment 6). In response, the applicant submitted a response letter
on July 8, 2014 (Attachment 7) and parking plan on July 15, 2014 (Attachment 8).
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 building on a single-family
residential property 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, soils on this
site consist of "Alderwood urban land complex, 2 to 8 percent slopes" and "Alderwood
urban land complex, 8 to IS percent slopes" (map unit symbols 5 and 6).
3. Critical Areas: A critical areas "Waiver" was issued for the site in 1993 under File No.
PLN19930210. Since the site does not appear to contain and/or be adjacent to any critical
areas, the home occupation will be located within an existing building and the subject
proposal does not include any modifications to the exterior of the site, no further study is
required at this time.
t�'' ♦ail' �': ,
The subject site and surrounding properties to the south and east are located within the Single -
Family Residential, RS-8, zone. Properties to the north and west of the subject site are located
within the General Commercial (CG) zone, and properties to the northeast of the site are located
within the Multi -Family Residential (RM-2.4) zone. Refer to the zoning and vicinity map for
zoning designations within the vicinity of the site (Attachment 2). hnmediately surrounding uses
include single-family residential, multi -family residential, and commercial uses.
Page 2 of 8
File No. PLN20140018
Administrative Conditional Use Permit
VanBuren Horne Occupation
VII. COMPREHENSIVE PLAN:
The Comprehensive Plan designation for this site is "Single Family — Urban 1. " 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 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.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 8
File No. PLN20140018
Administrative Conditional Use Permit
VanBuren Horne 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 June 25, 2014 (Attachment 6). In
response, the applicant provided a letter (Attachment 7) and parking plan (Attachment 8).
The parking plan provided detailed dimensional information on the existing garage and
driveway and indicated three side -by -side stalls. The Engineering Division reviewed the
parking plan, and concluded that although three side -by -side stalls cannot be accommodated,
the space within the garage can be used towards meeting the on -site parking requirements.
As part of their approval, the Engineering Division provided a revised parking plan
indicating one parking stall within the garage and two side -by -side stalls on the paved
portion of the driveway, concluding that the existing site conditions can accommodate the
three required on -site parking stalls (Attachment 10). As allowed, one of the spaces within
the driveway is tandem with the space in the garage. 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(13)(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 11 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 Anal: As stated in the applicant's criteria statement (Attachment 3), the
subject proposal is for home -based private personal training, 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
Page 4 of 8
File No. PLN20140018
Administrative Conditional Use Permit
VanBuren Home Occupation
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. 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 Anal: Per the applicant's criteria statement (Attachment 3) and floor plan
(Attachment 5), an existing detached structure will be utilized as the personal
training space. As such, business -related activities will be carried on entirely within
the structures on the site, without any significant outdoor activity. The floor plan
(Attachment 5) indicates that the business space is 480 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 Anal: The proposal is for a small-scale, home -based business where the
applicant, Jeremy VanBuren, will be providing one-on-one personal training within a
detached structure on the subject site. As stated in the applicant's criteria statement
(Attachment 3), all business will be conducted within this detached structure. 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.
Staff s Anal: In response to staffs request for additional information
(Attachment 6), the applicant clarified that only one client will visit the site at a time.
Although 50-minute sessions will be offered, the applicant has indicated that no
more than one client vehicle will visit the site per hour (Attachment 7). Scheduling
50-minute sessions will allow for the applicant to have a 10-minute break between
visits from clients each hour. As such, this criterion has been met by the subject
proposal.
Page 5 of 8
File No. PLN20140018
Administrative Conditional Use Permit
11'anBuren Home Occupation
6. Does not include visits from customers between the hours of 9: 00 p. in. and 8: 00
a. m..
Staff s Analysis: The applicant's criteria statement (Attachment 3) states that the
training sessions will be scheduled in such a manner as to fall 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 Anal: 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's criteria statement
(Attachment 3) states "apparel or goods associated with the business will remain inside
the structure at all times." It is possible that the applicant may wish to sell instructional
materials, such as books or videos, to clients during their scheduled training sessions.
The sale of instructional materials is allowed under ECDC 20.20.020(A); however, the
sale of other goods, such as apparel, is not allowed under this code provision. 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 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 July 8, 2014, however, states that he is
not proposing to have a sign associated with the home occupation (Attachment 7).
IX. TECHNICAL REVIEW COMMITTEE:
This application was reviewed and evaluated by the Building and Engineering Divisions as well
as Snohomish County Fire District No. 1. The Building Division did not have any comments on
the subject proposal (Attachment 9). The Engineering Division initially provided a
memorandum (Attachment 10) requesting additional information from the applicant, which was
included as part of staffs request for additional information sent to the applicant on June 25,
2014 (Attachment 6). Following their review of the applicant's response letter (Attachment 7)
and parking plan (Attachment 8), the Engineering Division issued a memorandum 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
Page 6 of 8
File No. PLN20140018
Administrative Conditional Use Permit
Van Buren Home Occupation
accommodate the three required on -site parking stalls (Attachment 11). Snohomish County Fire
District No. 1 approved the proposal without conditions (Attachment 12).
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 July 8, 2014 with a public comment period
running until July 22, 2014 was posted at the subject site, Public Safety Complex, Development
Services Department, and Library on July 8, 2014. The notice was published in the Herald
Newspaper on July 8, 2014. This notice was also mailed to residents within 300 feet of the site
on July 8, 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 13.
No public comment letters were received during review of the proposal.
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-8) 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. PLN20140018 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. 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.
Page 7 of 8
File No. PLN20140018
Administrative Conditional Use Permit
VanBuren Home Occupation
KX11 ' 1►
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.
XIV. 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 — 5th Ave. N
Edmonds, WA 98020
1. Land Use Application Form
2. Zoning and Vicinity Map
Mr. Jeremy VanBuren
23203 — 77`h Pl. W
Edmonds, WA 98026
3. Description of Proposed Use and Criteria Statement
4. Site Plan
5. Floor Plan of Business Space
6. Staff s Request for Additional Information, dated 6/25/14
7. Applicant's Response Letter
8. Parking Plan
9. Building Division Comment Form
10. Engineering Division Memorandum, dated 6/25/14
11. Engineering Division Comments, dated 8/6/14
12. Snohomish County Fire District No. 1 Approval
13. Public Notice Materials
Page 8 of 8
City of mo• .
Land Use Applicatiol
RECEIVED
MAY 2 0 2014
DEVELOPMENT SERVICES
❑ ARCHITECTURAL DESIGN REVIEW ®'
❑ COMPREHENSIVE PLAN AMENDMENT % CONDITIONAL USE PERMIT FILE # Fz 501 �00( Cb
) ZONE (� -
❑ HOME OCCUPATION DATE REC'D BY
❑ FORMAL SUBDIVISION ��jj
❑ SHORT SUBDIVISION FEE b ry RECEIPT #
❑ LOT LINE ADJUSTMENT HEARING DATE
❑ PLANNED RESIDENTIAL DEVELOPMENT
0 OFFICIAL STREET MAP AMENDMENT El HE TAFF ❑ PB ❑ ADB ❑ CC
❑ STREET VACATION
❑ REZONE
❑ SHORELINE PERMIT
❑ VARIANCE / REASONABLE USE EXCEPTION
❑ OTHER:
® PLEASE NOTE THAT ALL INFORMATION CONTA17VED WITHIN THE APPLICATION IS A PUBLIC RE
COR
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PROPERTY ADDRESS OR LOCATION 4�3 � 3 / % � �L U E6l m II Ut 1
PROJECT NAME (IF APPLICABLE) I/�jpQ �� ( / cs J
PROPERTY OWNER J PAY mf o Vanua an gg PHONE # 206 G ti 1 - 7 t S7
ADDRESS y3 a% , / 7T�, � U Or\CA6(f I A [ nu
E-MAIL) cPo-\ � , ( m 6yA f) N !� t"`n1 i 1 , 0 r i FAX #
TAX ACCOUNT # SEC. TWP. RNG.
DESCRIPTION OF PROJECT OR PROPOSED USE (ATTACH COVER LETTER AS NECESSARY)
DESCRIBE HOW THE PROJECT MEETS APPLICABLE CODES (ATTACH COVER LETTER AS NECESSARY)
APPLICANT ) OiY M �a1U?) / PHONE # 2-06
ADDRESS
E-MAIL_�JUarl� Nny11��Mctilrrl (I-y� FAX# `
CONTACT PERSON/AGENTi' MIINA� i ` MAPHONE #4ny
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E-MAIL i LIp,M u , Ifcy�� ^^a�'il 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 the owner as listed below. %/
SIGNATURE OF APPLICANT/AGENT / DATE `0 7/ ` 1(/
Property Owner's Authorization
I, , Mom certify under the penalty of perjury under the laws of the State of
Washington tat 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 inspection and posting attendant to this application. SIGNATURE OF OWNER �� DATE 1S11 *Y
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Questions? Call (425) 771-0220.
Revised on 8122112 B - Land Use Application
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ATTACHMENT 2
Description of project or purposed use
Njoy Fitness is the proposed business that will be operated onsite at 23203 77th pl w Edmonds, WA. This
business will be run onsite in an existing 20' by 24' structure located on the property. The business will
be a personal training studio in which individual clients will be trained. Clients will schedule sessions in
advance for one-on-one personal training. Expansion in the future may involve online training and
nutritional counseling as well as program development. The structure of the business will allow for all
codes to be adhered to for conditional use of the single-family residential zoning for a home occupation
business.
DEVELOPMENT SERVICES
After each point of code ECDC 20.05 there is a brief description explaining how Njoy Fitness(
the business located at 23203 w 77th pi Edmonds, Wa) meet all of the criteria for the
conditional use permit.
The temporary and permanent keeping of animals associated with the home occupation must
comply with all provisions of Chapter 5.05 (Animal Control) of the City Code and ECDC Title 16;
andX
® There will be no keeping of animals onsite that are related to the business operations.
® 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; (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; and
All services will be rendered inside of the structure onsite, apparel or goods associated with
business will remian inside this structure at all times as well.
Does not create a condition which injures or endangers the comfort, or pose health or safety
threats, of persons on abutting properties or streets; and
9 No interaction with any adjacent property owners will take place. All operations and services
will be rendered in an enclosed structure
® Does not include visits to the site from more than one non-resident employee per day; and
There will be no employees other than the single employee who resides onsite.
Does not include visits from customers between the hours of 9:00 PM and 8:00 AM; and
• Customers will only be allowed onsite in a scheduled manner which will be well inside the
applicable hours
If visits to the site are made by either an off -site employee or customer, on -site parking shall be
provided for at least three (3) vehicles; and
® There will always be at least room for 3 vehicles onsite
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,
• No commercial vehicles will be used in conjunction with the business
RECEIVED
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5/22/2014
Sire Map for Nj oy Fitness
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DEVELOPMENT SERVICE
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121 5th Avenue North, Edmonds WA 98020
Phone: 425.771.0220 ® Fax: 425.771.0221 ® Web: www.edmondswa.gov
DEVELOPMENT SERVICES DEPARTMENT ® PLANNING DIVISION
`n0. 1 g9v
June 25, 2014
Mr. Jeremy VanBuren
23203 — 77th Pl. W
Edmonds, WA 98026
.. .• � , sus ' J, �, , ��, � ��� : � ' �: R �•., ,�, ���, �3 �
Dear Mr. VanBuren:
Your land use application for a home occupation located at 23203 — 77th Pl. W 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
information/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). Dimensions were not provided on your site plan, so
it is unclear if there is sufficient room on site to provide the three required parking stalls.
Thus, 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 and length
of the driveway (as measured from the property line, not the street edge) as well as the
dimensions of the existing garage (if applicable). 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. Additionally, please label the various surface areas on
the site (i.e. concrete driveway, gravel, landscaped, etc.).
2. Signal: 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. Training_ Sessions: Your cover letter indicates that you will be doing one-on-one personal
training; however, it does not indicate how long each personal training session will be.
ECDC 20.20.010.13.5 limits the number of visits to the site by customers to no more than one
vehicle per hour. Please confirm that the training sessions will be a minimum of an hour, or
if the training sessions will be less than an hour, please confirm that you will have no more
than one session each hour so that there will be no more than one vehicle visiting the site per
hour.
Page 1 of 2
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
information (ECDC20.02.003.D). Thus, your application will expire if the requested information
is not received by September 23, 2014.
If you have any questions, please do not hesitate to contact me via phone at (425) 771-0220 or via
email at Jen.Machuga@edmondswa.gov.
Sincerely,
Development Services Department - Planning Division
Jen Mach uga
Associate Planner
Cc: File No. PLN20140018
Page 2 of 2
F' i 1
ad' 7
Hello Jen,'
Here are the answers to the questions you had raised in the letter of completeness that you had emailed
out on the 25th of June.
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). Dimensions were not provided on your site plan, so
it is unclear if there is sufficient room on site to provide the three required parking stalls.
Thus, 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 and length
of the driveway (as measured from the property line, not the street edge) as well as the
dimensions of the existing garage (if applicable). 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. Additionally, please label the various surface areas on
the site (i.e. concrete driveway, gravel, landscaped, etc.).
In regards to parking on the site, Figure 1 will show that there is room for three non -tandem
parking spots on the existing driveway. I apologize for the incompleteness of the first site plan
and hope that this one is of sufficient detail to exhibit what is needed.
Figure 1
2. Signage: 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 20.20.020.8 for
the regulations related to signage for home occupations.
For the foreseeable future we are not going to be using street signage or posting any signs on
the gym itself. So no secondary conditional use permit will be required -at this time for signage
associated with Njoy Fitness.
3. Training Sessions: Your cover letter indicates that you will be doing one-on-one personal
training; however, it does not indicate how long each personal training session will be.
ECDC 20.20.010.13.5 limits the number of visits to the site by customers to no more than one
vehicle per hour. Please confirm that the training sessions will be a minimum of an hour, or
if the training sessions will be less than an hour, please confirm that you will have no more
than one session each hour so that there will be no more than one vehicle visiting the site per
hour.
Personal Training sessions of clients on site will be limited such that there will be no more than
one visiting the site at a time. Initially scheduling will be the main reason for this but in the
future this may not be the case. For this reason I have limited the length of my personal training
sessions with any one client to 50 minutes. Sessions will also be limited to one client vehicle per
hour. I will make my clients aware of this and make it a part of my policies and procedures to be
read and signed by my clientele upon purchasing sessions at Njoy Fitness.
Parking Spot 1 Parking Spot 2INH
Parking Spot 3
Project Number: PLN20140018
Applicant's Name: NJOY FITNESS
Property Location: 23203 77TH PL. W.
Date of Application: 05.28.14 Date Form Routed: 05.30.14
Zoning: SINGLE FAMILY (IRS-8)
Project Description: ADMINISTRATIVE REVIEW OF A CONDITIONAL USE PERMIT TO OPERATE A
HOME OCCUPATION FOR A PERSONAL TRAINING STUDIO.
If you have any questions or need clarification on this project, please contact:
Responsible Staff: JEN MACHUGA Ext
Name of Individual Submitting Comments:
Title: 13N,!'d6z,��iGZ�t
14 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.
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 be/ow,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:
e
®ate: June 25, 2014
To: Jen Machuga, Associate Planner
From: Chris Rivera, Engineering Tech.
Subject: PLN20140018, Business at Residence
23203 77" PI W.
Engineering has reviewed the subject application and found the following information,
corrections, or clarifications are needed. Please ask the applicant to revise and resubmit plans
addressing each of the comments below.
1. Please confirm, visits to the site will not be made by more then 1 vehicle per hour,
consistant with Edmonds Community Development Code (ECDC)
20.20.020(C)Reasons for Denial(3).
2. Please provide a detailed site plan showing existing parking dimensions and label
surface area (concrete driveway, gravel or landscaped). ECDC requires a minimum
of 8.5'x16.5' for a parking stall.
Thank you.
City of Edmonds
Ilk
Machuga, Jen
From: Rivera, Chris
Sent: Wednesday, August 06, 2014 5:27 PM
To: Machuga, Jen
Subject: Engineering Comments, Njoy Fitness - PLN20140018 - VanBuren Residence
Attachments: 20140806172636916.pdf
Jen,
Attached is Engineering's comments for the review of Njoy Fitness - PLN20140018, Home Occupation. Also attached are
corrections to the submitted site plan showing the capability to park three vehicles within the property, two of the
vehicles are tandem. Any questions let me know.
Thank you,
Chris B. Rivera
Engineering{ Technician
City of Edmonds
121 5th Ave. N.
Edmonds, WA 98020
425.771.0220 ext. 1339
Chris.Rivera@edmondswa.gov
� ATTACHMENT
MEMORANDUM
Date: August 6, 2014
To: .Ten Machuga, Associate Planner
From: Chris Rivera, Engineering Technician
Subject:. PILN201.40018, N Joy Fitness
23203 77"' PI W.
Engineering has reviewed the Conditional Use application for N Joy Fitness at 23203 77t" Pl.
W. The information provided is consistent with Title IS Edmonds Community Development
Code & Engineering standards. The owner has indicated, the required parking stalls can be
provided on site as shown on the attached.
Thank you.
City of Edmonds
i
NoticeApplication
and. Comment Period
NAME OF APPLICANT:
Jeremy VanBuren
DATE OF APPLICATION:
May 28, 2014
DATE OF COMPLETENESS:
June 25, 2014
DATE OF PUBLIC NOTICE:
July 8, 2014
PROJECT LOCATION:
23203 - 77th Pl. W, Edmonds, WA
Tax Parcel Number 00807500000100
PROJECT DESCRIPTION:
Application for an administrative Conditional Use Permit (Type II decision) for a home
occupation to conduct personal fitness training at the subject site. The site is zoned
Single -Family Residential (RS-8).
REQUESTED PERMITS:
Conditional Use Permit - Home Occupation.
OTHER REQUIRED PERMITS:
Business License.
REQUIRED STUDIES:
None.
EXISTING ENVIRONMENTAL
DOCUMENTS:
Critical Areas Checklist.
PUBLIC COMMENTS DUE:
July 22, 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 PLN20140018.
City of Edmonds
Development Services Department
Planning Division
121 Sth Avenue
Project Planner: Jen Machuga
Jen.Machuga@edmondswa.gov
425.171.0220 x 1224
M
State of Washington }
County of Snohomish } ss
Michael Gates being first duly swom, 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 572587 Planning Division,
Jeremy VanBuren 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
07/08/2014 and ending on 07/08/2014 and that
said newspaper was regularly distributed to its
subscribers during all of said period.
The amount of the fee for such publication is
$56.7 .
DEBRA ANN GRIGG
Notary Public
State of Washington
My Commission Expires
October 31, 2017
Notary Public in and for the State of
Washington.
City of Edmonds - LEGAL ADS 114101416
JEN MACHUGA
PLN20140013
4 CITY OF EDMONDS
NOTICE OF APPLICATION AND COMMENT PERIOD
NAME OF APPLICANT: Jeremy VanBuren
DATE OF APPLICATION: 5/28/2014
DATE OF COMPLETENESS: 6/25/2014
DATE OF NOTICE: 7/8/2014
FILE NO.: PLN20140018
PROJECT LOCATION: 23203 77th Pl. W, Edmonds, WA
PROJECT DESCRIPTION: Application for an administrative
Conditional Use Permit (Type II decision) for a home occupation
to conduct personal fitness training at the subject site. The site is
zoned Single -Family Residential (RS-8).
REQUESTED PERMIT: Conditional Use Permit - Home
Occupation. Information on this application can be viewed at the
City of Edmonds Development Services Dept., 121 5th Ave. N,
Edmonds, WA 98020.
OTHER REQUIRED PERMITS: Business License
REQUIRED STUDIES: None
EXISTING ENVIRONMENTAL
DOCUMENTS: Critical Areas Checklist
COMMENTPERIOD: Comments due by July 22 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 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: Jen Machuga, Associate Planner
425.771.0220, Jen Machuga@edmondswa cov
_ubilshed: July 8, 2014. EDH572587
On the 8th day of July, 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, Kevin Garrett, hereby declare under penalty of perjury under the laws of the
State of Washington that the foregoing is true and correct this 8th day of July,
2014, at Edmonds, Washington.
Signed: 9& IL�E�
{BFP747892.DOC;1\00006.900000\ }
On the 8th day of July 2014, the attached Notice of Application 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 8th day of July, 2014 at Edmonds,
Washington.
Signed: (tu, GX-V-'A�
U
{BFP747887.DOC;1\00006.900000\ }
i
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.
zl���
Sig Applicant or Applicant's Representative
Subscribed and sworn to before me this day of May
Notary Public in and for the State of Washington
Residing at 51h AYE r 'e 0
Revised on 9130111 P2 - Adjacent Property Owners List Page 2 o)c�-2
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-INCOLN R LAGUNA CREEK LLC KAM KWOK LEUNG ZULIAN REV TRUST SHIOMI INVESTMENTS LLC
350 S HOPE ST STE A200 43 PARK MANOR DR 9001 NE 37TH PL
3ANTA BARBARA, CA 93105 DALY CITY, CA 94015 BELLEVUE, WA 98004
)0807500000500 00576700001413 00576700001708
ISHAQUE SHIMROTE BUTLER ARCH IE POLENSKE ELMER D
7709 233RD PL SW 19025 92ND AVE W 23204 76TH AVE W
EDMONDS, WA 98020 EDMONDS, WA 98020-2387 EDMONDS, WA 98026
00576700001709 00576700001710 00576700001712
BUEING ROGER C SIMS RON G CONTRERAS VIRGILIO & PAULETTE
23202 76TH W 23230 76TH AVE W 23148 76TH AVE W
EDMONDS, WA 98026 EDMONDS, WA 98026 EDMONDS, WA 98026
00576700001715 00576700001716 00576700001717
SZEGIET PETER J DANNOUN ABRAHAM 0 CHO DAE HYUNG
23216 76TH AVE W 23220 76TH AVE W 23310 76TH AVE W
EDMONDS, WA 98026 EDMONDS, WA 98026' EDMONDS, WA 98026
00576700�91718 00576700001719 00576700001720
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00807500000200 00807500000300 00807500000400
GERDE DAVID K DAVIS NAOMI T CONNER ROBERT A
23207 77TH PL W 23215 77TH PL W 23217 77TH PL W
EDMONDS, WA 98026 EDMONDS, WA 98026 EDMONDS, WA 98026
00807500000600 01033900760701 00576700001707
SONG BO GILLANDERS KARA RODRIGUEZ MARTIN A
7707 233RD PL SW 7607 SW 232ND ST UNIT A 23138 76TH AVE W
EDMONDS, WA 98026 EDMONDS, WA 98026 EDMONDS, WA 98026-8702
01033900760702 01033900760901 01033900760902
KAHUGU MARHA/LOOTS JARRETT CHI NANCY BUNJAMIN ANDRY
7607 232ND ST SW UNIT B 7609 232ND ST SW UNIT A 7609 232ND ST SW UNIT B
EDMONDS, WA 98026-8767 EDMONDS, WA 98026-8767 EDMONDS, WA 98026-8767
01033900761101 00576700001714 00576700001412
JUNG EDWARD K/JUNG YAK Y & LOVE GEORGE B SHIOMI INVESTMENTS LLC
KYUNG J PO BOX 177 PO BOX 2215
18630 57TH PL W LYNNWOOD, WA 98046 REDMOND, WA 98073
00576700001411 00576700001608 00576700001603
STEPHANUS PAUL & BARBARA LLC JEFFREY MARY EDMONDS TOWNHOIVIES LLC
1140 PARKSIDE DR E 17525 BOTHELL WAY NE 823 NW 195TH PL
SEATTLE, WA 98112 SEATTLE, WA 98155-5501 SHORELINE, WA 98177
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