StaffReport+Attachments.pdf
File No. PLN20130001
Administrative Conditional Use Permit
Michelle Noble Home Occupation
5.Zoning:
Single-Family Residential (RS-8)(Attachment 1).
6.ExistingUse:
The site contains an existing single-family residence.
7.ProposedUse:
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 the owner’s massage therapybusiness and will take place
completely inside the residence.No modifications to the home are proposed. A
small painted and unlit wall sign is also proposed.
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 II decision) as long as it is found to comply with
the criteria of ECDC 20.20.010(B). As such, staff will reviewthe proposal and will
makethe final decision on whether the proposal is consistent with the criteria found
inECDC 20.20.010(B).
III.APPLICATION MATERIALS:
The land use application is included as Attachment 2.Staff has prepared a zoning and
vicinity map, which is included as Attachment 1.With the application submittal, the
applicant providedacriteria statementtitled “proposed business summary”which
provides a description of her business and (Attachment 3) indicateshow she feels that the
proposal is consistent with the applicable review criteria of ECDC 20.20(Attachment 4).
Photos of the home areincluded as Attachment5. Public notice documents showing
proof of mailing, posting, and publishing are included as Attachment 6.Onepublic
comment letter was received andis included as Attachment 7.The Engineering
Division’s memo is included as Attachment 8.
IV.SEPA THRESHOLD DETERMINATION:
Review underthe State Environmental Policy Act (SEPA) is not required with this
application because the proposal is for a home occupation within an existing single-
family residenceand is exempt under WAC 197-11-800 (Categorical Exemptions).
V.NATURAL ENVIRONMENT:
1.Topography:
The site is generally flat with a maximum change in elevation of 6 feet
across the entire property (according to the City’s LiDAR dataset). The site visit
confirmed a relatively flat lot.
2.Soils:
According to the Soil Survey of Snohomish County Area, Washington, this site
consistsof “Alderwoodurban land complex –2 to 8% slopes.”
3.Critical Areas:
Unknown. Since the home occupation will be located within the
existing building and the subject proposal does not include any modifications to the
footprint of the site, a critical areas checklistand staff analysis is not required at this
time.
VI.NEIGHBORHOOD CHARACTERISTICS:
The subject site and surrounding properties are located within the Single-Family
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Residential, RS-8, zone.80Place West is a long cul-de-saccomprised of 32 single
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Administrative Conditional Use Permit
Michelle Noble Home Occupation
family homes and this property is about half way up the block on the west side of the
street. Our address records indicate the site is called “19804” however all other records
indicate “19814.” The nearest zones are multi-family (Multiple Residential“RM-2.4”
th
and “RM-1.5”) to the north that runalong 196
Street SW.The site is about 1/3 mile
north of Pine Ridge Park.
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 followingprinciples:
B.5.aResidential 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 20.20.As such, the regulationsof ECDC
20.20.010for home occupationssuch as the limitations on the numbers of employees and
the numbers ofvehicles visiting the sitereflectthe above Comprehensive Plan goals and
policiesrelated to limiting neighborhood traffic and retaining residential privacy.In
reviewing the subject proposal against the applicable objectives of the Comprehensive
Plan, the proposalisconsistent with thegoals and policies of the Comprehensive Plan.
VIII.APPLICABLE CODES:
1.ECDC16.20 (Single-Family Residential Zone)
Section 16.20 of the Edmonds Community Development Code provides the purposes
by which development in single family zones is to be reviewed. The purposes of the
RS –Single-Family Residential zone are to reserve and regulate areas primarily for
family living in single-family dwellings and to provide for additional non-residential
uses which complement and are compatible with single-family dwelling use.
Pursuant to ECDC 16.20.010, a home occupation, subject to the requirements of
Chapter 20.20 ECDC, is an allowed secondary use within the Single-Family
Residential (RS) zone. The proposal is required to comply with the purposes of the
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Administrative Conditional Use Permit
Michelle Noble Home Occupation
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 VIII.3
of this report), staff feels that the proposal is in compliance with the purposes and
requirements ofthe single-family zonecontained within ECDC 16.20.
2.ECDC 17.50 (Parking)
ECDC 17.50.020.A.1 requires allsingle-family dwellings toprovide 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 thaton-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 requirementfor a parking stall isa width of 8.5 feet by a
length of 16.5 feet.The applicant’s photos(Attachment 5) indicates that the existing
driveway can accommodate at least fourparking stalls. The Engineering Division
reviewed these photosand had no further questions about the feasibility meeting the
requirements to have three parking stalls provided on site.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.
Chapter20.20 of the Edmonds Community Development Code (ECDC) provides
the criteria by which home occupations are to be reviewed. The subject proposal
is for ahome occupation that includes visits to the site by customers, which does
not comply with the regulations of ECDC 20.20.010.Ain order for a home
occupation to be conducted as a permitted secondary use. Pursuant to ECDC
20.20.010.B, a home occupation which does not meet one or more of the
requirements of subsection (A) may be approved as a staff approval(Conditional
Use Permit, Type II decision) if the home occupation will not harm the character
of the surrounding neighborhood as evidenced by meeting all of the criteriaof this
code section. The review criteria of ECDC 20.20.010.Bare provided in italics
below with staff’s analysis of the proposal’s compliance with each criteria stated
following each criterion:
1.The temporary and permanent keeping of animals associated with a home
occupation must comply with all provisions of Chapter 5.05 ECC, Animal
Control, and ECDC Title 16.
The subject proposal is for massage therapyand does not include the use of
animals(Attachment 4). As with all single-family residences, the subject
property must comply with the animal control regulations of ECC5.05 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:
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Michelle Noble Home Occupation
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 thecity’s
performance criteria.
Per the applicant’s criteria statement(Attachment 3), treatmentswill be
carried out entirely within the structures on the site, without any significant
outdoor activity. 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
boiler plate 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.
The proposal is for massage therapy, which is a quiet, peaceful process that
will be done within the home.The proposal willnot 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 onenonresident employee
per day.
The applicant’s criteria statement(Attachment 3)states that no employees will
be visiting the site.The owneris the sole proprietor and has no employees.
Therefore, this criterion has been met by the subject proposal.
5.Does not include visits from customers in excess of one vehicle per hour.
The applicant affirms that this requirement will be met in the criteria
statement, noting that typically she’d have only 1-2clients per day.This
criterion has been met by the subject proposal.
6.Does not include visits from customers between the hours of 9:00 p.m. and
8:00 a.m..
Theapplicant’s criteria statementconfirmed that customers will only be
visitingthe site between the hours of 8:30am and 7:00 pm,although, again,
not continuously all day long.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.
Refer to Section VIII.2 of this reportfor analysis of the proposal’s compliance
with the parking requirements. On-site parking is available for at least four
vehicles. Therefore, this criterion has been met by the subject proposal.
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Michelle Noble Home Occupation
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.
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 outside storage of equipment or materials is
proposed.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., massage healing, meditation, or
guided imagerybooks).
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(up to 4 square feet in
residential zones pursuant to ECDC 20.60.030.A).The applicant has requested
signage with their conditional use permit applicationto be mounted on the garage
wall with an area of 16”x36” or 3.9 square feet (Attachment 5).A building
permit will be required for asign. No more than four square feet of signageis
allowed for the site. And, temporary commercial signage is not permitted within
residential zones (freestanding A-frame signs are not permitted forhome
occupations).
IX.TECHNICAL REVIEW COMMITTEE:
This application was reviewed and evaluated by SnohomishCounty Fire District No. 1 as
well as the City’s Building Division, Engineering Division, Public Works Department,
and Parks and Recreation Department.Comments were received by JoAnne Zulauf in
the Engineering Division(Attachment 8).
First, she wanted to be sure that the site could accommodate three cars as required by
code. The memo requests a site plan from the applicant to confirm compliance.
However, upon further inspection of the file, photos of the property were made available
and Engineering determined that the site could accommodate at least three vehicles and
no longer needed a site plan.
Second, she felt that traffic impact fees would be required for the proposed secondary use
of the property. She requests that the applicant fill out the Traffic Impact Analysis (TIA)
worksheet according to the ITE Land Use Category of “General Office” and turn this TIA
worksheet in with the business license application to see determine if traffic impact fees
would be required to mitigate the potential increase in traffic volume due to proposed
home occupation.
As always, a thorough review by all affected divisions/departments will be conducted at
the time of business license application review.
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Michelle Noble Home Occupation
X.PUBLIC COMMENTS:
ECDC 20.03 provides the City’s regulations for public notice of land useapplications. A
“Notice of Application and Comment Period” dated February 20, 2013(Attachment 6)
was posted at the subject site, Public Safety Complex, Development Services
Department, and Library on February 20, 2013. The notice was also published in the
Herald Newspaper on February 20, 2013.Also, thisnotice was mailed to residents within
300 feet of the site on February 20, 2013 using a mailing list provided by the applicant.
One public comment letterwasreceived during review of the proposalby Mr. Thomas P
Albertson(Attachment 7).Mr. Albertson raises two main concerns. First, that speed
limits on the street would be ignored by customers going to the property. And second,
that the owner may not be considering the character of the street and neighborhood.
Staff’s Response to Public Comments:
The City’s home occupation regulations were updated last year 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 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, number of employees, hours of operation, etc. The purpose of these regulations
(as discussed in Section VIII.3 above) is to retain the residential character of a
neighborhood and to minimize negative impacts on neighbors.
Additionally, business license applications are routed to and reviewed by the Police
th
Department for review of any potential safety issues. If speed limitations on 80Place
West are not being obeyed, it is advised that the Police Department be contacted to look
th
into this matter further.They can be contacted in person at 250 5Avenue North, online
at www.edmondswa.gov/government/departments/police, or by dialing 911.
Also, the owner participated in the public hearing processes for the code re-write and is
therefore very familiar with these newly crafted strict home occupation regulations as
they relate to her business proposal and her neighborhood.Applicants are made aware
that the approval of home occupations is a special privilege. If neighbors believe that the
conditions of approval and regulations in the code are not being met, they are encouraged
to contact the City’s Code Enforcement Officer (425.771.0220) to file a land use
complaint.
XI.CONCLUSION:
Based on the above analysisof 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.
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Administrative Conditional Use Permit
Michelle Noble Home Occupation
XII.DECISION:
Based on the facts, conclusions, and attachments to this report, staff finds that the
APPROVED
Conditional Use Permitfor File No. PLN20130001is 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.
The home occupation shall comply with all of thecriteria of ECDC 20.20.010(B),
including but not limited to the following:
a.
Visits to the site by customers shall not be in excess of one vehicle per hour.
b.
Customers shall not visit the site between the hours of 9:00 p.m. and 8:00 a.m..
3.
The home occupation shall comply with the general regulations of ECDC 20.20.020,
or as amended.
4.
A building permit is required for the proposed wall sign.
5.
Compliancewith all Engineering Division requirements is required duringthe
business license review process (Attachment 8).
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.
XIII.EXPIRATION:
ECDC 20.05.020 describes the time limits for conditional usepermit approval. Unless
the owner obtains a building permit or, if no building permit is required, substantially
commences the use allowed withinone 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 bythe community development director as a Type II decision. Any
person wishing to file an extension should contact the Planning Division at 425.771.0220
for further procedural information.
XIV.APPEALS:
Pursuant to ECDC 20.07.004, aparty of record may submit a written appeal of a Type II
decision to the Development Services Director within 14 days afterthe 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 wouldbe 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.
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Michelle Noble Home Occupation
XV.PARTIES OF RECORD:
th
1.
EdmondsPlanning Division: 121 5Avenue North, Edmonds WA 98020
th
2.
Michelle Noble, LMP: 19814 80Place West, Edmonds WA 98026
3.
William Millhollin, NW Permits: 2440 Western Ave #611, Seattle WA 98121
th
4.
Thomas P. Alberston: 19715 80Place West, Edmonds WA 98026
XVI.ATTACHMENTS:
1.
ZoningMap
2.
Land Use Application Form
3.
Applicant’s Criteria Statement/ Proposed Business Summary
4.
Applicant’s Statement of Code Compliance
5.
Photos
6.
Public Notice Documents
7.
Public Comment Letterfrom Thomas P. Albertson
8.
Engineering Division Memorandum
9.
Business License Application
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\]
Zoning Map
Michelle Noble, LMP "Noble Steps"
Conditional Use Permit
0200400Feet
File Number PLN20130001
19814 (AKA 19804) 80th Place West (RS-8 zone)
Notice of Pending
Land Use Application
Michelle Noble, LMP: ÑNoble StepsÒ Home Occupation
File # PLN20130001
NAME OF APPLICANT: Michelle Noble, LMP.
DATE OF PUBLIC NOTICE: February 20, 2013.
PROJECT LOCATION: 19814 80th Place West (RS-8 zone).
PROJECT DESCRIPTION: Notice of Application and two week comment period for a ÑType IIÒ
conditional use permit for a proposed massage therapy home occupation. The primary use of the property
will remain residential, while a secondary use is proposed for a 200 square foot home office for a massage
therapy business. Compliance with home occupation regulations in ECDC 20.20 requires no more than 1
customer at a time and enforces operating hours, etc. The application was submitted 01/14/13 and was
determined to be complete on 02/11/13. The application is available for review at the Planning Division
counter: 121 5th Avenue North, Edmonds. Please contact the project planner if you have any questions.
PUBLIC COMMENTS: Written public comments must be received by 4:30 PM on March 6, 2013.
WARNING: The removal, mutilation, destruction, or concealment of posted notices before the removal
date is a misdemeanor punishable by fine and imprisonment. This notice was mailed to owners within 300
feet of the site, posted on site, posted at the Public Safety Complex, Library, and at City Hall. It was also
Published in the Everett Herald.
City of Edmonds
Information on this development application can be viewed or
Development Services Department
obtained at the City of Edmonds Planning Division between the hours
of 8:00 AM and 4:30 PM Monday through Friday or online through the Planning Division
CityÔs website. Visit www.EdmondsWA.org,
navigate to ÑPermits OnlineÒ and then ÑSearch for Permit.Ò
121 5th Avenue North
Edmonds, WA 98020
Any person has the right to comment on this application during the
public comment period, receive notice, participate in any hearings,
Project Planner: Gina Janicek
and request a copy of the decision on the application. The City may
Gina.Janicek@EdmondsWA.org
accept public comments at any time prior to
425.771.0220 x 1778
closing of the record or prior to the decision on the project
permit. Only parties of record as defined in ECDC 20.07.003 have
www.EdmondsWA.org
standing to initiate an administrative appeal.