StaffReport+Attachments_CU-2012-20.pdf
CITYOF EDMONDS
th
121 5Avenue North,Edmonds WA 98020
Phone: 425.771.0220 • Fax: 425.771.0221 • Web: www.edmondswa.gov
DEVELOPMENT SERVICESDEPARTMENT•PLANNING DIVISION
ADMINISTRATIVE CONDITIONAL USE PERMIT
FINDINGS, CONCLUSIONS, AND DECISION
Project:
Kathryn WellsHome Occupation
File Number:
PLN20120020
Date of Report:
July 12, 2012
From:
____________________________
Gina Janicek, Associate Planner
Proposal:
Application for a conditional use permit for a home occupation located at
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16330 72Avenue West.
I.SUMMARY OF PROPOSED ACTION:
Theapplicant, Kathryn Wells, has applied for a conditional use permit for a home
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occupation located at 16330 72Avenue West. The proposed home occupation includes
hypnotherapy sessions. The site is located within the Single-Family Residential (RS-12)
zone. Since the proposed home occupation will include visits to the site by customers, an
administrative (Type II) conditional use permit is required in order to establish the home
occupation. The applicant submitted various materials in support of the subject
application, including a land use application form, criteria statement,and site plan which
are included as attachmentsand are referenced throughout this report.The following is
staff’s analysis ofthe projectand decision.
II.GENERAL INFORMATION:
1.Owner:
Kathryn & David Wells(Attachment 2).
2.Applicant:
Kathryn Wells(Attachment 2).
3.Tax Parcel Number:
00513100006804.
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4.Location:
16330 72Avenue West, Edmonds(Attachment 1).
5.Zoning:
Single-Family Residential (RS-12)(Attachment 1).
6.ExistingUse:
The site contains an existing single-family residence.
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Kathryn Wells Home Occupation
7.ProposedUse:
The applicant has proposed to have a home occupation as asecondary
use in conjunction with the existing single-family residential use. The proposed
home occupation is for hypnotherapyand will take place inside the residence.
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 statement(Attachment 3) indicating how she feels that the
proposal is consistent with the applicable review criteria of ECDC 20.20.The applicant’s
site plan is included as Attachment 4. Public notice documents showing proof of mailing
and publishing are included as Attachment 5. One public comment letter that was
received after the close of the comment period (meaning that the author is not entitled to
“party of record” rights) is included as Attachment 6. Even without said rights to appeal,
staff will email a courtesy copy of this land use decision to Mr. Lehn.
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 has a moderate slope (from east to west), however, just west of
this property is the beginning of an expansive steep slope (steep slopes have an
incline of greater than40% rise over run).
2.Soils:
According to the Soil Survey of Snohomish County Area, Washington, this site
consistsof “Alderwoodgravellysandy loam”soilsand just west of the site it is
comprised of “Alderwood Everett gravelly sandy loams.”
3.Critical Areas:
ACritical Areas Checklist for the subject site was reviewed under
File No. CRA19990335. The subject property was found to contain and/or be
adjacent to aLandslide Hazard Areaas defined by ECDC 23.40and 23.80.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 study is
not required at this time.
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Administrative Conditional Use Permit
Kathryn Wells Home Occupation
VI.NEIGHBORHOOD CHARACTERISTICS:
The subject site and surrounding properties are located within the Single-Family
Residential, RS-12, zone.The RS-20 zone is nearby but to the west. The entire
neighborhood is developed with single family homes. The nearest commercial center is
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Perrinville, which is approximately 1.5 miles to the south (76Avenue West and Olympic
View Drive).
VII.COMPREHENSIVE PLAN:
The Comprehensive Plan designation for this site is “Single Family –Resource.”The
Comprehensive Plan has the following stated goals and policies for Residential
Development that are applicable to this project (excerpt from Comprehensive Plan pages
71 through 72):
Residential Development
B.Goal. High quality residential development which is appropriate to the diverse lifestyle of
Edmonds residents should be maintained and promoted. The options available to the
City to influence the quality of housing for all citizens should be approached realistically in
balancing economic and aesthetic considerations, in accordance with the following
policies:
B.5 Protect residential areas from incompatible land uses through the careful control
of other types of development and expansion based on the 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 the goals 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 tobe 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
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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 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 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 requirementfor a parking stall isa width of 8.5 feet by a
length of 16.5 feet.The applicant’s site plan (Attachment 4) indicates that the
existingdriveway can accommodate three parking stalls. The Engineering Division
reviewed this site plan and 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 hypnotherapyand does not include the use of
animals(Attachment 3). 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.
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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 thecity’s
performance criteria.
Per the applicant’s criteria statement(Attachment 3), instruction will be
carried out entirely within the structures on the site, without any significant
outdoor activity. Edmonds City Code (ECC) Chapter 5.30 contains
regulationson 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. Aswith 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 applicablecity 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 hypnotherapy, 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 applicant is 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 customers arescheduled two hours apart.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 8:00 am and 9:00 pm, and typically only
from 1:00 pm to 8:00 pm Monday through Thursday.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.
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Refer to Section VIII.2 ofthis reportfor 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.
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., hypnotherapybooks).
c.
ECDC 20.20.020(B) requires a building permit and a Type II Conditional Use
Permit for any proposed commercial signage in a residential zone. A sign is
allowed in conjunction with a home occupation approval and shall not exceed
four square feet in size. This sign area shall be calculated as part of, not in
addition to, the total sign area permitted on the site. The applicant has not
requested any signage with their conditional use permit application.A building
permit will be required for asign. No more than four square feet of signage is
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 Snohomish County Fire District No. 1 as
well as the City’s Building Division, EngineeringDivision, Public Works Department,
and Parks and Recreation Department.No comments were received.
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 useapplications. A
“Notice of Application and Comment Period” dated June 5, 2012(Attachment 5) was
posted at the subject site, Public Safety Complex, Development Services Department, and
Library on June 5, 2012. The notice was published in the Herald Newspaper on June 5,
2012. This notice was also mailed to residents within 300 feet of the site on June 5, 2012
using a mailing list provided by the applicant (Attachment 5).
Nopublic comment letters were received during review of the proposal.However an
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email was received on June 26by neighbor Phillip Lehn in support of this proposal
(Attachment 6).
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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-12) zone, the on-site parking requirements, and the home occupation
requirements.
XII.DECISION:
Based on the facts, conclusions, and attachments to this report, staff finds that the
APPROVED
Conditional Use Permitfor File No. PLN20120020is with the following
conditions:
1.
The applicant shall obtain a business licensethrough 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.
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..
3.
The home occupation shall comply with the general regulations of ECDC 20.20.020,
or asamended.
4.
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 conditionalusepermit 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, unlessthe 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 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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XV.PARTIES OF RECORD:
Edmonds Planning DivisionKathryn Wells
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121 5Avenue North16330 72Avenue West
Edmonds WA 98020Edmonds WA 98026
XVI.ATTACHMENTS:
1.
Zoning Map
2.
Land Use Application Form
3.
Applicant’s Criteria Statement
4.
SitePlan
5.
Public Notice Documents
6.
Public Comment Letter (received after the close of the comment period)
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16206
RS-20
Zone
RS-12
Zone
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Zoning Map
Kathryn Wells Hypnotherapy
Conditional Use Permit
0100200Feet
File Number PLN20120020
16330 72nd Ave W (RS-12 zone)