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Home My WebLink AboutPermit 85-37-UI - EDWARDS - INTERPRETATION USE APPEAL14202 56th avenue south Permit 85-37-UI - EDWARDS - INTERPRETATION USE APPEAL City of Tukwila 6200 Southcenter Boulevard Tukwila Washington 98188 (206) 433-1800 Gary L. VanDusen, Mayor BOARD OF ADJUSTMENT Minutes of the December 5, 1985, meeting. Chairman Goe called the meeting to order at 7:05 p.m. Other Board members present were Ms. Altmayer and Mr. Nesheim. Representing staff were Brad Collins, Vernon Umetsu, and Becky Kent, Planning Department. APPROVAL OF MINUTES Review and approval' of the minutes was deferred to a meeting at a later date. PUBLIC HEARING A. 85- 37 -UI: Edwards Enterprises, appeal of the Planning Department's interpretation that the business located at 14202 56th Avenue South does not meet the criteria of TMC 18.06.360. Mr. Umetsu summarized the staff report. The Board discussed parking, sign permit, and business license issuance. Mr. Collins clarified one of the criteria for allowing a home occupation business was that parking or traffic would not be allowed. Chairman Goe opened the public hearing. Delores Edwards, applicant, 14202 56th Avenue South, felt their business would not create a traffic problem, and that she usually made the deli- veries to customers herself. She indicated the sign had been removed and that there were no deliveries on site. Mr. Nesheim questioned the retail business indicated on the business license as retail, the trips made per day, and the photography business. Mrs. Edwards indicated that the sign was not important. She described her business and indicated that there would be no walk -in customers. She explained the previous building modifications made to their home. Board of AdjustmentIL Meeting Minutes December 5, 1985 Page 2 Ms. Altmayer asked about the advertisement of the business. Scott Nangle, 14140 56th Avenue South, was opposed to a retail business being located next to his residence, and was concerned with traffic. He presented pictures of the surrounding area to the Board, which became part of the record. Michelle Nangle, 14140 56th Avenue South, assisted in describing the pic- tures and surrounding area. Mr. Edwards, 14202 56th Avenue South, felt their business would not cause traffic congestion. Mr. and Mrs. Edwards reviewed the pictures which had been submitted to the Board by Mr. and Mrs. Nangle. Willie Edwards, 14202 56th Avenue South, felt 56th Avenue South was wide enough to accomodate two vehicles. He further described the business operation. Ms. Nangle reiterated her desire for the area to remain residential. Mr. Umetsu submitted a letter dated November 4, 1985, from Marcelle Regel supporting the application, into the record as Exhibit "F." Chairman Goe closed the public hearing. The Board discussed the definition of retail and the distinction from home occupation. MS. ALTMAYER MOVED THAT APPLICATION 85- 37 -UI, EDWARDS APPEAL, BE APPROVED WITH THE STIPULATIONS OF NO ON -SITE SIGNING AND NO ON -SITE DELIVERY OF PRODUCTS AND SERVICES. MR. NESHEIM SECONDED THE MOTION, WHICH PASSED UNANIMOUSLY. The Board took a five minute recess at 8:37 p.m. The Board reconvened at 9:05 p.m. OTHER BUSINESS Chairman Goe welcomed Curt Nesheim to the Board. It was noted, for the record, that Ms. Altmayer had notified staff that she would not be in attendance at the November meeting. Inadvertently, she was not excused previously. .__,. City of Tukwila 6200 Southcenter Boulevard Tukwila Washington 98188 433 -1800 Gary L VanDusen, Mayor ATTACHMENT A Planning Department approval is granted subject to the following conditions . established by the Tukwila Board of Adjustment at its meeting on December 5, 1985 (File 85- 37 -UI): 1.. No on site signing. 2. No on site delivery . of products and services. 6. TMC 18.06.360(3) states that: CITY OF TUKWILA PLANNING DIVISION PLANNING COMMISSION STAFF REPORT AGENDA ITEM : 85 -37-U I : EDWARDS ENTERPRISES APPEAL INTRODUCTION On September 11, 1985, a business license application was filed with the City Clerk to operate a plant, floral, and photography business from a private resi- dence at 14202 56th Avenue South (see Attachment A). The Planning Department requested additional information from the applicant and, on September 26, 1985, issued an administrative determination that the business activity should not be permitted in a single family zone due to the nuisance traffic generated. (Attachment B). On September 27, 1985, W. L. Edwards III filed an appeal of the Planning Department decision (Attachment C). This appeal is before the Board at this time. FINDINGS 1. The proposed floral business involves generating one delivery of fresh flowers each week and less than five customer visits per week. 2. The site is zoned R- 1 -7.2, is surrounded by single family residences, and is accessed by 56th Avenue South, which is very steep (approximately a 20 per- cent slope) in this area. 3. There are two off- street parking spaces. One slopes steeply from the street at approximately a 30 percent slope (Photo 2), and another unpaved space immediately adjacent and parallel to the sidewalk (Photo 3). 4. There is a two foot by one foot business sign at the front entry (Photos 1 and 2). No sign permit has been issued for this sign. 5. The proposed activity can only be classed as a home occupation pursuant to TMC 18.12.040(3) if it meets all the performance criteria in TMC 18.06.360. "Traffic generated by such home occupations shall not create a nuisance." Board of Adjustment Edwards Enterprises Appeal November 7, 1985 Page 2 7. TMC 18.06.360(1) states that: The code interpretation of October 21, 1983 finds that: Home occupation traffic "nuisance" consists of customer vehicular traf- fic coming to the residence of the home occupation, and not the person conducting the home occupation going from the residence to the custo- mers. This code interpretation formally states a departmental policy which has been consistently applied for at least the past eight years. In addition, the existing on -site parking does not meet the standards for spaces which would otherwise be required for off- street parking for busi- ness: one space is unpaved, and one space has a 35 percent slope which is greater than the maximum 15 percent slope allowed. "There shall be no change in the outside appearance of the building or premises." "Home occupations may be identified by a single, non - illuminated wall plaque of not more than one and one -half square feet." The business sign in Finding #4 would constitute a change in the outside appearance of the residence which is directly related to the proposed home occupation unless it is reduced in size from two square feet to one and one - half square feet. CONCLUSIONS The central issues in this appeal are: does the proposed home occupation create a traffic nuisance (Finding #6), and does the business sign constitute a change in the outside appearance of the home (Finding #7). If either condition is determined to occur, then the proposed activity is not allowable as a home occu- pation and should be located in the appropriate zone district as are other simi- lar businesses. Each of these issues are discussed below. Generation of a Traffic Nuisance The Planning Department concludes that the policy of the past eight years, which finds that any customer visits to the home generate a traffic nuisance, is still valid. The proposed activity would thus be prohibited because it did not meet the criteria in TMC 18.06.360(3) (see Finding #6). It should be noted that in at least one other instance, the Board determined that customer visits to the residence did not automatically create a traffic Board of Adjustment Edwards Enterprises Appeal November 7, 1985 Page 3 { nuisance and permitted the operation of a home occupation subject to the following condition: A stipulated judgment is prepared by the City Attorney, at the applicant's expense if such accrues, for the applicant's signature and filing in King County Superior Court. This judgment would stipulate that any written complaint related to the proposed business received by the City would auto- matically and immediately cause revocation of the business license and imme- diate cessation of the business upon written notice without a hearing or appeal. Change in the Outside Appearance of the House The Planning Department concludes that the existing business sign (see Finding #7) does constitute a change in the outside appearance of the home, in violation of TMC 18.06.360(1). The proposed activity would thus be prohibited unless the sign was reduced in size and a sign permit obtained. ATTACHMENTS A Business License Application B Planning Department Determination of September 26, 1985 C Letter of Appeal, September 27, 1985 D Photographs of Residence (EDWARDS) (5A.2) APPLICATION FOR: NEW BUSINESS LICENSE X BUSINESS LICENSE RENEWAL 1. NAME OF BUSINES! Et14J Eta tIt, ?a' 5 S- F164-4L1 Aal41�o�c�jRaVI 2. LOCAL BUSINESS ADDRESS 1I/&Z %Till Ave Sm PHONE-57--- 3. COMPANY HEADQUARTERS SlAwpgi 4. LOCAL MANAGER l ko%E S01-72e. Name Residence Address Phone 5. CHECK WHETHER: INDIVIDUAL )( PARTNERSHIP CORPORATION If INDIVIDUAL, list owner; if PARTNERSHIP, list partners; if CORPORATION, In all cases, give title, residence address, and phone. number of each. W i 1k t e- L S - Co- orE-01.4.M. /4/Zeta, - a r• ►,�:11.i Q. L.. EA (.4 A eecS R `Al: f).4&J49e 41;1 7 - i) Eto Es Ede..4)et edS , ow uQCt,., m AN,19e 6. EXPLAIN IN DETAIL (include retail, wholesale, etc) TYPE OF BUSINESS OR SERVICE RENDERED: sba fain, 7i 10 *s CVS4ai� 4Iot .1 Oi w Si . SAWA Othwak -Fatah 4taLaer3 OF PROPERTY: b WU* iv PRA SIZE � ;e rc ti�.4 Dotes. aef . • 7. SIZE 0 PR P 0 E sq ft. o r acres LL FLOOR SPACE YOU USE ∎0.041sq. ft. 8a. TOTAL NO. OF FULL TIME EMPLOYEES AT TUKWILA LOCATION, INCLUDING MANAGEMENT ,. ✓1 ' NUMBER IN EACH TYPE OF EMPLOYMENT: Retail Sales 1 Manufacturing Wholesale Sales Warehousing 8b. DO YOU HAVE PART TIME EMPLOYEES? Yes [ ] No k' HOW MANY? Retail le Wholesale Manufacturing Warehousing Other 9. ORIGINAL.OPENING DATE OF BUSINESS IN TUKWILA G E1'}} I( 1984 LICENSE NO. 10. DO YOU USE, STORE, OR DISCHARGE FLAMMABLE OR HAZARDOUS MATERIALS? g() If so, please state materials & quantities 11. 'WILL ANY TYPE OF GAMBLING BE CONDUCTED ON THESE PREMISES? Washington State Gambling License Number Expiration Date 12. EMERGENCY PHONE NUMBER & CONTACT PERSON 1000L160. A. f_dlANAttdS /44- 47Qy 13. LICENSE FEE, BASED ON NO. OF FULL TIME EMPLOYEES INDICATED QN LINE 8A (checkcorrectbox) 0 -5, 550.00 [ ] 6 -100, 5100.00 [ ] 101 & above, 5200.00 ** ** ** ** ** ** ** ** ** ** ** ** • LICENSE DUE JANUART 2 OR UPON OPENING DATE OF 3i1SINESS DO NOT WRITE IN THIS SPACE A;4::'JNT .t�J' DATE - Y . ' ;:;INITIALS CHECK : ] CASH [L,1 CHECK /REC. n APPROVED ' Mayor Buildin• V' Planning Police Fire DATE ISSUED :,USDESS LICENSE NO. City of Tukwila Attachment A 6200 Southcenter Boulevard Tukwila Washington 98188 433 -1800 Office 2usiness License dZpp6icatian WASHINGTON STATE REGISTRATION NO. C. LW 4J6 - V3 I hereb: c that :.e statements furnished are tree and know.e4- e TITLE SKIL/I DATE C9-.0.1 Other list officers. fc 50• me on :his applicat'.o': correct to t pest of and 'oe l ief . SIGN E CL 155 September 26, 1985 Delores Edwards EDWARDS ENTERPRISES 14202 56th Avenue South Tukwila, WA 98188 Dear Ms. Edwards: Attachment RE: Business License Application Dated September 11, 1985 2. The site of the proposed business activity is zoned R- 1 -7.2, Single Family Residence. 4. TMC 18.06.360(3) states that: "Traffic generated by such home occupations shall not create a nuisance;" City of Tukwila 6200 Southcenter Boulevard Tukwila Washington 98188 433-1800 Gary L VanDusen, Mayor I have reviewed your business license application and have the following finding and conclusions. Findings 1. The proposed activity is as described in the subject business license application. In addition, there would be one delivery of fresh flowers each week and less than five customer visits per week would be generated. 3. The proposed activity can only be classed as a home occupation pursuant to TMC 18.12.040(3) if it meets all the performance criteria in TMC 18.06.360. 5. The Code interpretation of October 21, 1983 (attached) finds that: Home occupation traffic "nuisance" consists of customer vehicular traffic coming to the residence of the home occupation, and not the person conducting the home occupation going from the residence to the customers. This code interpretation formally states a departmental policy which has been consistently applied for at least the past eight years. Ms. Delores Edwards September 26, 1985 Page Two Findings - Continued 6. In at least one case, the City of Tukwila Board of Adjustment has allowed a home occupation in which customers come to the residence under the following conditions: a. The applicant agrees to a stipulated judgement prepared by the City Attorney and filed in King County Superior Court. This judgment would have the applicant agree that any written complaint related to the business would cause the automatic and immediate revocation of any business license and cessation of all business activities without hearing or appeal. b. All costs in preparing and recording the stipulated judgment would be borne by the applicant. Conclusion Pursuant to the Code interpretation of October 21, 1983 and the past eight years of consistantly applied departmental policy, the Planning Department cannot recommend approval of your business license application due to the nuisance traffic generated by the home occupation. This decision can be appealed to the City of Tukwila Board of Adjustment . pursuant to TMC 18.90.010 (attached). Any such appeal must be made within ten days of the interpretation and be set forth in writing. Sincerely, Vernon Umetsu Associate Planner VU /db Attachments Attachment C :... AK;1 .... ..... f�0.. . ,ap� ea ..... _ ... . I / I..._ A�f�eclu(� ..........HZ........�e..... _..._. /.eae_....... 6e _....- _��,c_._... eeL..._. : ....�...,�, � .`_'.:�. � gL.x.de .... .. guaau ottcuracr ... -a■ __.._ . 7142 _.._ .. ,441 e tRaa7 t __ Photo 1: Front of residence across 56th Ave. S. Attachment D Photographs of Edwards Residence Photo 3. 'Jecond, unpaved parking space. Photo 2: Entry and paved parking space. ex, , C C C / k:// •7S A4, N - <- I 7 Or 7 ./1\/ CITY OF TUKWILA . NOTICE OF PUBLIC HEARING OF THE TUKWILA BOARD OF ADJUSTMENT NOTICE IS HEREBY GIVEN that the Tukwila BOARD OF ADJUSTMENT has fixed the 7th day of November, 1985, at 7:00 p.m. in Conference Room 3 of Tukwila City Hall, 6200 Southcenter Boulevard, Tukwila, Washington, as the time and place for: 1 71. 85- 37 -UI: Edwards Enterprises, appeal of the Planning Department's inter- pretation that the business located 14202 56th Avenue South does not meet the criteria TMC 18.06.360. 2. 85 -07 -V: Litho Development, requesting approval of a variance from TMC 18.52, landscaping, located at 510 Strander Boulevard. OTHER BUSINESS 1. Review Board of Adjustment by -laws. Any and all interested persons are invited to attend. Published: Record Chronicle, October 27, 1985 Distribution: Mayor City Clerk Applicants /Property Owners Adjacent Property Owners File Petition: To operate a home based Plant and Floral shop located at 14202 56th ave so. Tukwila, Washington 98188 I do.here certify that the operation of this business will not GONefe.51 create nor cause traffic erta.Reo*.e*, noise or any nuisance to my neighbors. NAME 1 . / 4 1 .$.-teli-42.) 6 2 11 2. 3 • Oof 4. ik a L 5. 6 ' ag.a •';- ( 9. ' 12. 13. 14. 15. 16. 17. 18. 19. 20. 1! Itt Delores Edwards October 1,1985 TELEPHONE — 4 7 • I S -;7 i—E4 , for or • Petition: To operate a home based Plant and Floral shop located at 14202 56th ave so. Tukwila, Washington 98188 I do here certify that the operation of this C 1NbF,&YiOlAJ create nor cause traffic c-e , noise or to my neighbors. \ on 19;35 NAME ADDRESS 1. 0 sicw r G / N oLSC.Rc.1 , yrvt' .' 50i tit..: 4 . c /, i'k e'L /.. (tee i "rL el4 `1 / //'/ -� 5 5 19. 2 0. business will not any nuisance for or Delores Edwards October 1,1985 TELEPHONE � y -4- -/ c /c/• Cr /c 0'13 rc Y. Co S7e- 0 `l 7 2-3 4v 4 / .2 3 C, 2 si 3.3/S7 R �t� •IC — C 14T✓I: Meer M.O. w+mAMnUv +OYOM N.tna. 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S 153tt 15 M 0 0 rte- 1 49TH ;yf 22 September 30, 1985 Edwards Enterprises 14202 56th Avenue South Tukwila, WA 98188 RE: Appeal of use interpretation, File #85 -37 -UI This is to notify you that your appeal is scheduled for the November. 7, 1985, Board of Adjustment t , ,Qeeting, which is held in Conference Room #3 of 7 00 .� TuKwiTFCity`Hal at' 0 p.m. Approximately one week prior to the meeting we will send you the meeting agenda and staff report. If you should have any questions, please don't hesitate to contact me, 433- 1845. Sincerely, 6.1-40-1/ Oita-- Becky L. Kent Permit Coordinator .?:}; City of Tukwila 6200 Southcenter Boulevard Tukwila Washington 98188 433 -1800 Gary L VanDusen, Mayor