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HomeMy WebLinkAboutPermit 83-22-UI - SCHWINDT - HAIR SALON APPEAL83-22-ui 14102 56th avenue south schwindt appeal December 19, 1983 Linda Y. Schwindt 14402 56th Ave. So. Tukwila, WA 98188 Dear Ms. Schwindt: Respect,fu•1,3y. Rick Beeler Associate Planner RB /blk cc: Planning Director City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila Washington 98188 Gary L. VanDusen, Mayor RE:. Business license application and appeal, 83 -22 -UI My previous letter of November 18, 1983, indicated this matter would be left open until December 2, 1983. In the meantime you were requested to notify me of your decision to pursue the matter as approved by the Board of Adjustment. Otherwise, silence would be construed to mean a decision to drop the matter. This letter is to notify you that the deadline has more than elapsed and that we are closing our file on this matter. Accordingly the business license will not be approved. If you have any questions, please call me at 433 -1845. A 1908 City of Tukwila November 18, 1983 6200 Southcenter Boulevard Tukwila Washington 98188 Gary L VanDusen, Mayor LINDA Y. SCHWINDT 14102 56th Ave. So. Tukwila, WA 98188 RE: Business license application and appeal 83 -22 -UI Dear Ms. Schwindt: This letter is to follow -up the November 10, 1983 decision of the Board of Adjustment upholding your appeal. The Board decided in your favor subject to conditions which you accepted. Considerable discussion surrounded their conditions,, and you may recall • the Board stating you bear the burden in this matter. I am specifying the conditions of approval herein so you may pursue further evaluation of satisfying them. As the appellant you continue . to be able to drop the matter or fulfill the conditions toward securing your business license. A stipulated judgment will be prepared by the City Attorney, at your cost if such accrues, for your signature and filing in King County Superior Court. This judgment will stipulate any written complaint related to your business received by the City will automatically and immediately cause revocation of any business license and immediate cessation of your business upon written notice without a hearing or appeal. Once the judgment is filed and a copy of the filed document is submitted to the City your business license can be approved by the Planning Department . subject to the judgment. As mentioned in the Board's meeting compliance with Uniform Building Code requirements is a separate matter. The UBC requirements must be satisfied before the license can be approved by the Building Official and subsequently issued. Therefore, I recommend you quickly contact Lorraine Cronk, Building Official, at 433 -1845 to request an inspection of your beauty shop area. The results of this inspection'may affect your final decision on pursuing your business license. Since you bear the cost of preparing, completing and filing the stipulated judgment, please notify me in writing that you wish to pursue your license and wish the City Attorney to prepare the judgment at your cost. If I do not • hear from you by December 2, 1983, I will assume•you desire to drop the matter and will so notify the City Clerk and Board of Adjustment. My intent is to not incur any expenses without your written authorization to proceed and acceptance of responsibility to pay. Page -2- LINDA Y. SCHWINDT November 18, 1983 Rick Beeler Associate Planner If you have any questions please call me at 433 -1847. Respectfull RB /bl cc: City Clerk Planning Director City Attorney Building Official CITY OF TUKWILA PLANNING DIVISION STAFF REPORT AGENDA ITEM : 83 -22 -UI Linda Y. Schwindt Appeal INTRODUCTION On October 15, 1983, Linda Schwindt applied for a business license to conduct a hair - sytling business in her residence (Attachment A). Staff discussed the home occupation with the appellant and the extent of corresponding remodeling work already performed. Based on past consistent interpretation of Tukwila Municipal Code 18.12.040(3) and 18.06.360 staff denied the application and notified the appellant October 21, 1983 (Attachment B). On October 24, 1983, a timely appeal was filed appealing staff's interpretation to the Board of Adjustment (Attach- ment C). FINDINGS 1. Remodeling of the appellant's residence has occurred to accomodate hair- styling and is nearly complete (Attachment 0). A building permit was not sought or issued. The appellant has stated this work was coordinated with the applicable state agency pursuant to an application for a state beautician's license for this home occupation. 2. The appellant asserts some staff person several, months ago instructed her that a building permit was not required and the home occupation conformed to zoning regulations. Staff is unable to identify this "staff" person or confirm the conversation. However, the appellant asserts she relied on this information before proceeding with remodeling and seeking the home occupation. 3. TMC 18.12.040(3) allows a home occupaton as an "accessory use" in a residence. TMC 18.06.360 defines a home occupation, the portion of which at issue is: (3) Traffic generated by such home occuaptions shall not create a nuisance; (emphasis added). CONCLUSIONS 1. Three options appear available to the Board regarding the issue of "nuisance ": A. Assume traffic of customers coming to the home is a nuisance outright, and therefore prohibited (current policy); Page -2- 83-22-UI Linda Y. Schw( t Appeal Board of Adjustment November 3, 1983 Attachments: A - Business License Application B - Staff's letter of October 21, 1983 C - Letter of appeal, October 24, 1983 D - Photographs of residence E - Petition in support of appeal F - Map of petition signatories' location B. Assume traffic of customers coming to the home is not a nuisance until complaints are registered with the City; L. Assume nuisance must be reviewed on a case -by -case basis by the Board. 2. Pitfalls and benefits exist in each option: A. Many home occupations would be disallowed, however an enforcement problem is not created for staff. Preclusions of later enforcement action is essentially assured by the action at the business license application or over - the - counter early stage. B. Many home occupations would be permitted leaving determination of nuisance, to whether or not neighbors or other persons complained to the City. This would create an enforcement problem for staff in investigating and • remedying disputes /complaints and possible closing down home occupations. C. An unpredictable number of home occupations would be approved by the Board on the basis of case -by -case individual merits. More importantly this would place the Board into a day -to -day administrative operations normally performed by staff and could compound the Board's workload. In addition increased delay would be caused applicants. 3. The specific language was added to the definition of a home occupation and was discussed prior to adoption of TMC 18.06.360 of the new Zoning Code. This language was intended to be consistent with the policy of past staff. interpretations. 4. Staff concludes an error in judgment was not made in interpretation of TMC 18.06.360. This has been the consistent City interpretation and.applica- tion of this section. 5 Staff also concludes this interpretation (Option A) best reflects existing manpower and workload of the Planning Department. Insufficient staff personnel and time is available to effectively perform the enforcement function required by Option B and increased case load of Option C. This interpretation perpetuates past, consistently applied policy and reinforces the intent discussed prior to adoption of TMC 18.06.360. . City of Tukwila 6200 Southcenter Boulevard Tukwila Washington 98188 433 -1800 LICENSE DUE JANUARY 1 OR UPON OPEN.!NC DATE OF BUSINESS 2usircess license jlpptka cin APPLICATION FOR: NEW BUSINESS LICENSE )C BUSINESS LICENSE RENEWAL 1. NAME OF BUSINESS L I k A rt'S I- a to I t ME 2. LOCAL BUSINESS ADDRESS IL )O z - • 0U rIL `} PHONE e )/1- 9.sOc- 3. COMPANY HEADQUARTERS 1 - 5 (r e t_ej, ,S. 4. LOCAL MANAGER db;lePA f lcJkL /11.4 1' J I/O 6( ,i c--,?</e (o yy Name Residence Address gg/07 PHONE 5. CHECK WHETHER: INDIVIDUAL PARTNERSHIP CORPORATION If INDIVIDUAL, list owner; if PARTNERSHIP, list partners; if CORPORATION, list officers. In all cases, give title, residence address, and phone number of each. L(N4 A t f. Sefic.O c t `E' 6. TYPE OF BUSINESS, BY PRIMARY FUNCTION: RETAIL SERVICE y PROCESSING EXPLAIN TYPE OF PRODUCT OR SERVICE RENDERED Have you ever had a Tukwila Business License? If so, please state materials and quantities DO NOT WRITE IN THIS SPACE CHECK NO. I ' dJI AMOUNT S CASH DATE 10 -I <-'3 APPROVED BY: Mayor Building Police DATE ISSUED AtAak Planning Fire BUSINESS LICENSE NO. bC s4 k t L f I\ 0 10. DO YOU USE OR STORE FLAMMABLE OR HAZARDOUS MATERIALS? fX 7. SIZE OF PROPERTY: . sq. ft or acres SIZE OF ALL FLOOR SPACE YOU USE fJ5' sq.ft. 8. TOTAL NO. OF FULL TIME EMPLOYEES AT TUKWILA LOCATION, INCLUDING MANAGEMENT r NUMBER IN EACH TYPE OF EMPLOYMENT: Retail Sales )C Manufacturing Wholesale Sales Warehousing Office Other 9. ORIGINAL OPENING DATE OF BUSINESS IN TUKWILA 11. WILL ANY TYPE OF GAMBLING BE CONDUCTED ON THESE PREMISES? rvo TITLE WHOLESALE OTHER 1981 License No. If so, specify type: _Pull Tabs Card Room Other � 12. EMERGENCY PHONE NUMBER & CONTACT PERSON Z4 a. _ 19 L( rn O... 1rtQ..) Sca .c,5 ( 13. LICENSE FEE, BASED ON NO. OF FULL TIME EMPLOYEES INDICATED ON LINE 8. (check correct box) 0 -5, $50.00 /7 6 -100, $100.00 j 101 & above, $200.00 ** ** ** ** ** ** ** ** ** ** ** ** WASHINGTON STATE REGISTRATION NO. I hereby centLiy that the 4tatement4 6uluw6hed by me on thi4 appU.i.cation are time and connect to the beat ob my know.Cedge and belies. DATE 1 ;1908 • October 21, 1983 LINDA Y. SCHWINDT 14102 56th Ave. So. Tukwila, WA 98188 Dear Ms. Schwindt: C City of Tukwila 6200 Southcenter Boulevard Tukwila Washington 98188 Gary L VanDusen, Mayor RE: Business license application to conduct a home occupation As I indicated in our conversations today this letter is formal notifi- cation of the Planning Department's denial of your application and reasons for our. decision. Section 18.12.040(3), Tukwila Municipal Code, permits home occupations on you single family zoned property as an "accessory use" to your residence. Definition of a "home occupation" is stated in Section 18.06.360, Tukwila Municipal Code, to be: "Home occupation" means an occupation or profession which is cus- tomarily incident to or carried on in a dwelling place and not one in which the use of the premises as a dwelling place is largely incidental to the occupation carried on, and which occupation is carried on by a member of the family residing within the dwelling place; provided,. that: (1) There shall be no change in the outside appearance of the building or premises; (2) No home occupation shall be conducted in any acces- sory building; (3) Traffic generated by such home occupations shall not create a nuisance; and (4) No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odor, or electrical interference detectable to the normal senses off the lot. For at least the past six years, (under the old and current Zoning Codes), the interpretation of this section has consistently been to disallow home occupations which do not meet the definition. More specifically, the consistent interpretation has been that the definition precludes occupations which have customers coming to the home, instead of the occu- pant /operator going away from the home to the customers. Page -2- LINDA Y. SCHWINDT October 21, 1983 Since your hair styling occupation features coming to your home and you have indicated some external modification of your residence has occurred pursuant to your business, we are unable to approve your application relative to Section 18.06.360 and 18.12.040(3), Tukwila Municipal Code. Your proposal appears inconsistent with the character and uses in single family zoned areas. • Should you feel aggrieved by our decision, you may appeal to the Board of Adjustment. Section 18.90.010, Tukwila Municipal Code, requires any appeal be in writing and submitted to the,Planning Department by October 31, 1983. I have copied for you the aforementioned sections to assist you, but if you have any questions call me at 433 -1847. Since Rick eeler Associate Planner RB /bik cc: Ping. Dir. City Clerk October 24, 1983 CITY OF TUKWILA PLANNING DEPT. I, Linda Schwindt, residing at 14.102 — 56th. Ave.., 1 wi a, Washington, am appealing the decision and interpretation of the planning director concerning Section 18.06.360 of the Tukwila Municipal Code on "Home Occupations." The Board of Adjustment City of Tukwila I was denied a business license on the grounds that traffic generated by my business will create a nuisance to my neighborhood. As you know, it is against state statutes for any licensed cos — motologist to conduct business in the home other than on immediate family. I intend to build a small, one chair shop in my laundry room so that when I do hair on my friends and other family, I will not risk having my cosmotology license revoked and fined a great deal of money. I hope these reasons below will convince you that I am not going to have a large business that will distress or in any way disrupt the normalcy of my neighborhood or the surrounding vicinity of my home. A. I will have no signs in the yard, on my home or in the vicinity of Tukwila advertising my business. B. I will not advertise my business in newspapers or on radio and television. C. I will have no employees. OCT 2 8 1983 E. My only patrons will be friends and family. EM G.. I will be responsible for the conduct and courtesy of patrons who come to my home for services. D. I will not change the outside appearance of my home to make it look like a beauty salon or business of any kind. F. I have adequate parking for my friends and family who come to me for cosmotology services. I am providing photos to you showing the double driveway in my back yard. If for any reason I should fault in any of the above statements, ,111 I..will expect to have my business license revoked. + ; . have also .provided a limited petition for your cnnsideration. e.t ' This.',petition provides considerable testimony from my immediate ., neiglI ors as well as, the general area. In all instances they have ' *pre sed support and do not consider that a business with this limited ,sc9 e impart is detrimental to our neighborhood environment. i. Sincerely ..abscribed and sworn to before me this q d.ay of C± 19 73 . cat oC/ . wafts* / c . / /it „// Li da: Y.:.Sch idt AttAkaNtsizr- c- V tS\14 W68T, 2VFR I .M *IA' \ C 1 Kipm cs# GUS -NCiAlEM rel R-Ms ()(2\t uAo ( e5 , 1 0 \ au cpsor . OZ csNKA.PL>4 We, the undersigned, are residents of Tukwila and neighbors of • Linda Schwindt, have read a copy of the appeal which has been submitted to the board of adjustment and find this small business to not distress or disrupt our neighborhood. y e w/ 45 / U 6'. / 4/ ( T C.Lrt' 1C& W • 0 -T:21?-6.949i 1 39(0 t 5"g'' - y-kse.. 2. 5x t u00` a g1 G E /.3525 54. �`c . �o . � n #� l.Ja . 9 Y/G ! 42fw,.(2 Mq,<L 5 .2e9 ezer.),k,/ s a- 5, u 4 92' ( ) L A41J 3 _40 /j59', T —57 I, 6ae %'k4"1.4t_ s _ )1 l ' . /40/7 _57'`* /ivemc.t 11/4 //// •� (47,9 y /C) 3 /6` 6 /a S F"a 1/024/Zir Atkihakis&asr-E ffiLMOND jOCT 28 1983 ! CITY OF Tuk:• A PLANNING DEPT. MAP Of P= 5■(.0..)AToAzAES LQcaT► I MAT CAF MTIT100 514UATo(ZIES LOC- P�TIOYJ AttACIA -�