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2017-03-23 Hearing Examiner AgendaAgenda Edmonds Hearing Examiner . ,HyCOUNCIL CHAMBERS 250 5TH AVE NORTH, EDMONDS, WA 98020 MARCH 23, 2017, 3:00 PM CALL TO ORDER II. PUBLIC HEARING 1. Appeal of Business License Denial - Lee Brady, Loyal Auto Repair III. ADJOURN Edmonds Hearing Examiner Agenda March 23, 2017 Page 1 2.1 Hearing Examiner Agenda Item Meeting Date: 03/23/2017 Appeal of Business License Denial - Lee Brady, Loyal Auto Repair Staff Lead: Scott Passey/Brad Shipley Department: City Clerk's Office Prepared By: Scott Passey Background/History N/A Staff Recommendation Staff recommends that the hearing examiner affirm the decision to deny the license application based on the City's zoning criteria. Narrative On January 25, 2017, Lee Brady submitted a City of Edmonds business license application on behalf of Loyal Automotive Inc. He proposed to operate a business specializing in general automotive service located at 18502 - 76th Ave W, Edmonds, WA 98026. The City's Development Services Department (DSD) reviewed the license application and determined that the subject site is zoned BN (Neighborhood Business), which does not allow commercial garages. On February 9, 2017, DSD sent a letter to the applicant denying the license application based on ECDC 16.45.010(A)(2). On February 14, 2017, Mr. Brady submitted a letter requesting a hearing under ECC 4.72.055 to appeal the decision to deny the license application. This hearing was scheduled in response to that request. Attachments: Brady License Denial Packet Pg. 2 2.1.a February 14, 2017 Brady Shipley Associate Planner City of Edmonds 121 5th Ave N., Edmonds, WA 98020 Brad. Shipley@edmondswa. gov Dear Mr. Shipley, RECEIVED EMMONDS CITY CLERK I am requesting a hearing under Edmonds City Code 4.72.055 in regards to the denial of my business license application for my automotive maintenance and repair services, to be located at 18502 76th Ave. West. Please let me know when the hearing will be scheduled. Thank you. If you have any questions, please feel free to contact me. My email address is eddie@loyalautorepair.com. Sincerely, Lee Brady 5991125.1 Packet Pg. 3 2.1.a CITY OF EDMONDS 1215th Avenue North, Edmonds WA 98020 Phone: 425.771.0220 . Fax: 425.771.0221 • Web: www.edmondswa.gov DEVELOPMENT SERVICES DEPARTMENT • PLANNING DIVISION ''le. 10" February 9, 2017 Lee Brady Loyal Automotive 7724 24th Ave NW Seattle, WA 98117 Subject: Letter of Denial for Business License Dear Mr. Brady, The Planning Division reviewed your business license application for a proposed automotive repair shop to be located at 18502-76th Ave. West. Your application has been DENIED based on the following criteria: ❑ The subject site is zoned BN (Neighborhood Business) which does not allow commercial garages. If you have any questions, please do not hesitate to contact me via phone at (425) 771-0220 or via email at Brad. Shipley@edmondswa.gov. Sincerely, Development Services Department - Planning Division Brad Shipley Associate Planner Cc: Lee Brady, Loyal Automotive Chelsea Merritt, Business License Clerk Packet Pg. 4 ,t, City of Edmonds Loyal Auto Repair . . . . . . . . . I- . . . . . . . . . . 1 0 ; 702 94.0 Feet This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, WGS_1984_Web—Mercator _Auxiliary —Sphere current, or otherwise reliable. © City of Edmonds THIS MAP IS NOT TO BE USED FOR DESIGN OR CONSTRUCTION Legend ❑ ReZones PRD RoW Zoning RS-6 RS-8 RS-10 RS-12 RSW-12 RS-20 ❑ RS-MP j RM-3 . RM-2A . RIM-1.5 RM-EW }! BD1 BD2 BD3 BD4 BD5 ® OR WMU BP BN ■ FVMU t Bc Notes Attachment: Brady License Denial (1923 : Appeal of Business License Denial - Lee Brady Loyal Auto Repair) Mc�Ucadaic 2/22/2017 16.45.010 Uses. Edmonds City Code and Community Development Code 2.1.a jG SHARE 1 A. Permitted Primary Uses. 1. Single-family dwellings, as regulated in RS-6 zone; 2. Neighborhood -oriented retail stores, retail service uses, excluding uses such as commercial garages, used car lots, taverns, theaters, auditoriums, undertaking establishments and those uses requiring a conditional use permit as listed below; 3. Offices and outpatient clinics, excluding commercial kennels; 4. Dry cleaning stores and laundromats; 5. Small animal hospitals; 6. Churches, subject to the requirements of ECDC 17.100.020-1 7. Primary and high schools subject to the requirements of ECDC 17.100.050(G) through (R); 8. Local public facilities designated and sited in the capital improvement plan, subject to the requirements of ECDC 17.100.050; 9. Neighborhood parks, natural open spaces, and community parks with an adopted master plan subject to the requirements of ECDC 17.100.070. B. Permitted Secondary Uses. 1. Limited assembly, repair or fabrication of goods incidental to a permitted or conditional use; 2. Off-street parking and loading areas to serve a permitted or conditional use; 3. One dwelling unit per lot, in the story above the street floor, with a minimum lot area of 6,000 square feet; 4. Commuter parking lots that contain less than 10 designated parking spaces in conjunction with any local public facility allowed by this section. Any additionally designated parking spaces that increase the total number of spaces in a commuter parking lot to 10 or more shall subject the entire commuter parking lot to a conditional use permit as specified in subsection (D)(2) of this section, including commuter parking lots that are located upon more than one lot as specified in ECDC 21.15.075. C. Primary Uses Requiring a Conditional Use Permit. 1. Commercial parking lots; 2. Drive-in businesses; 3. Businesses open to the public between the hours of 11:00 p.m. and 6:00 a.m.; 4. Convenience stores; 5. Local public facilities not planned, designated, or sited in the capital improvement plan, subject to the requirements of ECDC 17.100.050; 6. Day-care centers; 7. Hospitals, convalescent homes, rest homes, sanitariums; Q http://www.codepublishing.comNVA/Edmonds/ Packet Pg. 6 BL# CITY OF EDMONDS 4• .� BUSINESS LICENSE APPLICATION — COMMERCIAL FEE: $125.00 CITY CLERK'S OFFICE, BUSINESS LICENSE DIVISION r 121 5T11 AVENUE NORTH, EDMONDS, WA 98020 PHONE 425.775.2525 Customer OFFICE USE ONLY 2.1.a ❑ Building ❑ Engineering ❑ Fire ❑ Planning � Police Fee I Mailed I Deleted V_\_l 1117 M 1101ih INSTRUCTIONS: Please complete the application in full and attach the required floor plan. Middle initial or name required of all parties concerned. If i middle name, please indicate by writing NMN. Sign and return application with fee. Please advise of any change in status. New license required business changes location or ownership. Notification to City of Edmonds required If business closes. License expires December 31" each year. Renew must be submitted prior to January 31" to avoid late fees. BUSINESS NAME BUSINESS ADDRESS_ 15�� ! L V�� Cwe v V z����S �A a �/�j] Street 1 J� Suite # �Cittyy, �Sttate, Zip Code (� MAILING ADDRESS 16 -"�'� 7k i� a_VP "\ [�Gf/° 04d.< 4a 9�fz �''� jj �j or Street or PO Box # Suite # City, State, Zip Code BUSINESS PHONE( � {/� 1 ' 1 63 —y' & b WA STATE TAX ID # (UBI) ® ,3.11 3 AS } . jj BUSINESS E-MAIL A (e @ _I )V (Le-01- : C (9P"t BUSINESS WEBSITE � !P , . CiJW\ `fin BUSINESS OWNER/MAIN CONTACT fee i t Name t Phone Number PROPERTY OWNER Gres. R & Yyi P (�"D& ) Name I! Phone Number EMERGENCY OTINCATION (For Premise Access in Emergency): - - ., &e Last Name First Name Ml Phoo?n�ne Number 3i Last Name First NbWe MI Phone Number NATURE OF BUSINESS (Provide a Detailed Description of Business Activities, Products & Services): aj&jQ,c{04k'JP {�y�fJ9 I CUM Cc4''4(1►'IC}H('�' SPACE ALTERATIONS TO BE MADE: YESNO_X PREVIOUS BUSINESS AT THIS -ADDRESS aj �d1 NUMBER OF EMPLOYEES SQUARE FOOTAGE OF BUSINESS SPACE, yrEJrl PROPOSED OPENING DATE: TYPE OF BUSINESS — PLEASE CHECK APPROPRIATE CATEGORY: C N ❑ CONSTRUCTION BUSINESS HOURS:_r5_Ci►. 5t4i`C ❑ FINANCE, INSURANCE, REAL ESTATE ❑ LANDSCAPE, HORTICULTURAL DAYS OPEN: rN C ❑ MANUFACTURING d Cl NON-PROFIT ❑ SUNDAY a-WEDNESDAY V ❑ SECOINDHAND DEALER $-MONDAY i!T'THURSDAY )w, SERVICES fflTUESDAY 8- FRIDAY ❑ WHOLESALE XT SATURDAY i ❑ OTHER IM AMUSEMENT DEVICES ON PREMISES? YES NOIF YES, TOTAL NUMBER LIQUOR r d SOLD ON PREMISES? YES GAMBLING? YES_ NO /y< CIGARETTES SOLD ON PREMISES? YES NO NO� E FLAMMABLE OR H ZARDOUS MATERIALS USED OR STORED? YES NO IF YES, PLEASE PROVIDf A LIST OF MATERIALS AND QUANTITIES: V � r R PARKING SPACES ON SITE: TOTAL SPACES ACCESSIBLE SPACES FOR HANDICAP PARKING DOES THE BUSINESS CONTAIN AN ENTRANCE ACCESSIBLE TO PERSONS WITH DISABILITIES? YES NO APPLICANT /717 --?3 Packet Pg. 7 SOLE PROPRIETORSHIP 2.1.a LAST STREET FIRST MIDDLE INITIAL SUITE/APT/UNIT # CITYISTATEJZIP CODE HOME PHONE( ) DRIVERS LICENSE OR ID # & STATE DATE OF BIRTH CITYISTATE OF BIRTH COUNTRY OF BIRTH PARTNERSHIP - PARTNER 1 NAME LAST FIRST W—DE)LEf INITIAL ADDRESS _ , _ STREET SUITE/APT/UNIT # CITY/STATE/ZIP CODE HOME PHONE( ) DRIVERS LICENSE OR ID # & STATE_ DATE OF BIRTH CITY/STATE OF BIRTH COUNTRY OF NAME LAST STREET PARTNERSHIP - PARTNER 2 FIRST MIDDLL INITIAL SUITE/APTIUNIT # HOME PHONE( ) DRIVER'S LICENSE OR ID # & STATE,_ OF CITY/STATE/ZIP CODE CORPORATION/ LLC or PLLC NAME OFCORPORATION. )y��y/ J� �t�7'N] r fty1�'J �_ FEDnER(A�LLTAX`ON rYr7�� CORP.ADDRESS 1 �C 1 Li�P N �Jt f�I)/1 (Z5 1 f d!/& Street Suite, Apt. Unit# City, State and Zip Code Phone Number CORPORATE OFFICERS: � st Name First e Lee aMf8ifthDrive3 , Dw'—qz'! her IDNJStale Ot:iL,?A, ,I f� ! Sy '—j'-A4 �r EAP 1 — �,�sL� LOCAL CONTACT 9 ti&[I)_ �rP N6P�f06)1 4W Last Name Name First Name MI Title DateofBirth B LF1�.ZW- 56 -aZ Driver's License or Other ID#/State Phone Number CITY USE ONLY: BUILDING DEPT 0 APPROVE DISAPPROVE DA OCCUPANT LOAD BUILDING PERMIT ENGINEERING Q APPROVE 0 DISAPPROVE DATE FIRE DEPT. 0 APPROVE DISAPPROVE DATE COMMENTS SIGNATUR OCCUPANCY GROUP SIGNATURE SIGNATURE PLANNING DEPT. 0 APPROVE 0 DISAPPROVE DATE SIGNATURE ZONING CODE CONDITIONAL USE PERMIT COMMENTS POLICE DEPT. APPROVE Q DISAPPROVE DATE SIGNATURE _0&2 /� I'ol- T COMMENTS to r Q Packet Pg. 8 1 2.1.a al Q Packet Pg. 9 2.1.a SOLE PROPRIETORSHIP NAME LAST FIRST MIDDLE INITfAL ADDRESS STREET SUITEIAPTIUNIT # CITYISTATFIZIP CODE HOME PHONE( t DRIVERS LICENSE OR ID # & STATE DATE OF 81RTH CITYISTATE OF BIRTH COUNTRY OF BIRTH PARTNERSHIP —PARTNER 1 NAME LAST FIRST MIDDLE INITIAL ADDRESS STREET SUITEJAPTIUNIT N CITYISTATEIZIP CODE HOME PHONE( ) DRIVERS LICENSE OR ID # & STATE DATE OF BIRTH CITYISTATE OF BIRTH COUNTRY OF BIRTH PARTNERSHIP — PARTNER 2 NAME LAST FIRST MIDDLE INITIAL ADDRESS STREET SUITFJAPTIUNIT # CITYWATEMP CODE HOME PHONE( I DRIVER'S LICENSE OR ID # & STATE DATE OF 131RTH CITYISTATE OF BIRTH COUNTRY OF$kRTH CORPORATIONf LLC or PLLC NAME OFCORPORATIO if 11 ;L' FEDERALTAXDN A 6 nr C[7RP.RpDRESS_ ! /�xa � CSiI� _ [ u`'r:� •:} �J - Street Suite, Apt. Unit# City, State and Zip Code Phone Number CORPORATE OFFICERS: Laa Name FIImt Name Title , 01toGfUll Drivers L or Olhar IQ# IStale aeje LOCAL CONTACT _ R X6.11 f l it I I11I �I,�A Last Name First Name MI Title DaleofBirth Drivers ULense or Other ID# 1State Phone Number CITY USE ONLY: BUILDING DEPT, OCCUPANT LOA COMMEN T S ENGINEERING FIRE DEPT. U.F.I.R. PLANNING DEPT 0 APPROVE 0 DISAPPROVE DATE. SIGNATURE BUILDING PERMIT OCCUPANCY GROUP Q APPROVE 0 DISAPPROVE DATE 81IGNAT.UBE APPROVE DISAPPROVE DATE SIGNAXURE� Q APPROVE Q DISAPPROVE DATE SIGNATURE ZONING CODE CONDITIONAL USE PERMIT POLICE DEPT. OVE Q DiS PPRO COMMENTS Packet Pg. 10