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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 D 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 ADDRESS �a3 7� YV U Qllf lb UA q ft2t, 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 r Questions? Call (425) 771-0220. Revised on 8122112 B - Land Use Application Page I of] 3OTI-I T SW D 0 0 �JH§YW 0)ff -�O0)k ��"GQ01 D S w 0) Gd {) Uah� i)' h 0 u1nr /y D D U 0 D sub 0 D 0 234TF=I ST SW �qA V' UG , N 75 ry CG RM-2.4 RM-2.4 j, pariy [F�. W Q� RS-8 _ co 232ND ST SW c 0 I p OF EDAI Zoning a -and Vicinity leap File No. PLN20140018 0 125 250 I��. tsao jN� 500 Feet 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 Ups. �. *1 = 5/22/2014 Sire Map for Nj oy Fitness Sire Map for Njey Fitness Untitled layer Individual steles 20' {. 24,' workout Line 2 y pa..., Driveway Outline Gym Lot outline Untitled layer Parking area ficien... ' M M _ M Cf) N3 .. ci M 71, .. - IMM "- UMN"m DEVELOPMENT SERVICES https://mapsengine.google,corrVmap/edit?hl=en&authuser=O&mid=z4oCTdgHRn6A.kY3uevnyX211 1/1 Njoy Fitness Floor plan 24' Equipment and Client Storage c 0 m Y $ Adjustable Weight ° Bench 3 n 20' m v v m � O c O a N u N RECEIVED DEVELOPMENT SERVICE I. L 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 LUUJ /4dc9AL XUVUVI � .,'.. ,.;y...,...y.,..y -1 ".,..� ® )0576700001601 01033900761102 00576700001406 -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 SII�I' R ALD VUKAJ ARTAN & AFERDITA ROA NEIL PONO 2=ON H AVE W 23232 76TH AVE W 23234 76TH AVE W E, WA 98026 EDMONDS, WA 98026 EDMONDS, WA 98026 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 7 7 a6p3 do-dod asodxa jaded paad 7 ®99 LS aleldwal ®OAV asn w 1�of aull 6ule Puq sla e0O l ad S A . . . . - A J0807500000100 )eremyVanbunen/propertyowner) 2320377" PI w Edmonds, VVa9O026 tb� �uettesfa«s h pel� er mep|iez h|ahachuoa�nde xmmm�ave��com | sensde |