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HomeMy WebLinkAboutPermit L06-025 - DUNNING CRAIG - APPEALHIGHUNE DENTAL LAB INC 5319 S 136 ST L06 -025 Y City of Tukwila Department of Community Development Steve Lancaster, Director Staff Report To the Hearing Examiner City of Tukwila HEARING DATE: April 20, 2006 STAFF CONTACT: Brandon J. Miles, Assistant Planner FILE NUMBER: L06 -025 APPELANT: Craig Dunning REQUEST: Relief from Notice of Denial LOCATION: 5319 s. 136 Street RECOMMENDATION: Affirm the City's Decision to Deny the Business License Application ATTACHMENTS: A. Vicinity Map B. Business License Application as amended C. Notice of Denial D. Notice of Appeal E. Notice of Hearing I. Applicable Standard of Proof The applicant has challenged the City's decision to deny a business license. As the moving party, the applicant has the burden of demonstrating that the City's decision to deny the business license was clearly erroneous. After hearing the case regarding the above business license denial, the Hearing Examiner has the following options pursuant to TMC sections 5.04.112 and 8.45.090: 1. Sustain the City's decision to deny the business license 2. Withdraw and reverse the City's decision to deny the business license, 3. Continue the Hearing until a date certain for receipt of additional information, or 4. Modify the decision to deny the business license Steven M. Mullet, Mayor City Of Tukwila Page 1 04/07/2006 1 p \Appoaln \1lighland Dontal \Staff Roport. oo 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665 r 1 11. Scope of Hearing The Hearing is limited to issues posed in the Notice of Denial issued by the City Clerk's Office (TMC 5.04.110 (B). When the City issued the Notice of Denial information from the Building Division of the Department of Community Development was accidentally excluded from the Notice. However, when the City notified the appellant of the hearing date, the information regarding building code requirements was included (Attachment E, Notice of Hearing). The issue before the Hearing Examiner is whether the City's decision to deny the business license based upon the information contained with the original application as amended was clearly erroneous. 111. Finding of Facts 1. The property in questions is located at 5319 S. 136 Street, Tukwila, WA. Parcel Number 0003000086 (Attachment A, Vicinity Map). 2. The property is zoned Low Density Residential (LDR). Tukwila Municipal Code section 18.10 notes the purpose of this zoning is to, "...provide a full range of urban infrastructure services in order to maintain stable residential neighborhoods, and to prevent intrusions by incompatible land uses. 3. On December 9, 2005, the appellant submitted a business license application to operate Highland Dental Lab at the property in question. Under the description of the business the following was noted, "Manufacture and wholesale of dental applications, crowns, bridges, and porcelain used to metal (sic) ". (Attachment B, Business License Application). 4. The business license application also noted that a total of four employees would be at the site. The application also noted the applicant owned the site, but that the dwelling on the property had previously been used as a rental. 5. In order to operate a business within the LDR district at the property in question the applicant must run the business in an incidental manner to its main use as a residence, and be able to meet the requirements set forth in the definition of a home occupation (TMC 18.10.030). The City of Tukwila defines a home occupation as, "...as an occupation or profession which is customarily incident to or carried on in a dwelling place, and not one in which the use of the premises as a dwelling is largely incidental to the occupation carried on by a resident of the dwelling places provided, that: 1. There shall be no change the outside appearance of the surrounding residential development; 2. No home occupation shall be conducted in any accessory building; 3. Traffic generated by such home occupation shall not create a nuisance; City Of Tukwila Page 2 04/07/2006 2 Q:\ Appeals \Highland Dental \Staff Report.doc r 1 IV. Discussion 4. No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odor, electrical interference detectable to the normal senses of the lot; 5. The business involves no more than one person who is not a resident of the dwelling; and 6. Any off - street parking space shall be made available for any non- resident employee ". 6. Planning Division of the Department of Community Development expressed concerns to the appellant that the proposed use did not meet the City's requirements to be considered a home occupation. Most notably that the appellants did not actually live in the house and were merely using the property for the dental lab. 7. On December 30, 2005, the City received a letter from Mr. and Ms. Dunning. The letter noted the following: ❑ That the residential portion of the building will be occupied in Spring of 2006 by the business /property owners. ❑ Materials stored on the property will be various types of plasters or stone in approximately 50 -Ibs containers. ❑ Hot work area will contain two to three (four gallon each) propane tanks and two oxygen tanks. ❑ That the retail side of the business had been eliminated and that only Mr. and Ms. Dunning would be working on the site. 8. On January 18, 2006, the City Clerks Office denied the business license application. The reason for the denial were as follows: ❑ The use could not be considered a home occupation. At the time of submittal of the business license application, the applicants were not residing in the dwelling. ❑ The proposed use triggers certain building code requirements that must be met prior to operation of the business. These requirements included that the building shall meet required codes for storing liquefied petroleum gases and oxygen. Additionally, the manufacturing area shall also be required to meet certain code requirements for ventilation and exhaust during operation. 9. On January 25, 2006, the applicant submitted a letter to the City Clerk's Office requesting an appeal of the City's decision (Attachment D, Notice of Appeal). The City stipulates that the appeal was timely filed. The City's decision to deny the business license application was based on the facts presented to City staff. The applicant did not currently reside at the property; Planning Staff was not going to address a hypothetical situation that the applicant would be residing in the dwelling at a future date. When the City issues a permit or license to City Of Tukwila Page 3 04/07/2006 3 Q:\Appeals\Highland Dental \Staff Report.doc conduct a certain activity the applicant must comply with applicable code at the time of issuance. Even if Planning had concluded that the use met the home occupation requirements, the proposed use did not meet the requirements of Section 302 of the International Building Code. The applicant must make certain structure changes to the building prior to using the home as a business. VI. Conclusion The City's decision to deny the business license was based upon the following: VII. Recommendation 1. The applicant was not residing at the business and thus could not be considered a home occupation. 2. The applicant's structure does not comply with building code requirements. Based upon the foregoing, the City respectfully requests that the Hearing Examiner deny the appeal. If circumstances have now changed, the appellant can submit for a new business license application. City Of Tukwila Page 4 04/07/2006 4 Q: \Appeals \Highland Dental \Staft Report.doc Parcel Map and Data 00 OWN 09030000M 0003000049 • •e,re ,4• 0003000088 0903000088 N. 40 0003000 ga; s , .' < t, � ip r 300008 4 0903909970 n311111111a `y / • • • • +110'78' !4! t711r)301l 9 *� 0003889100 fay 44, i �00300909�` `__il1009 � 1N300fdf1a 3 1 e' ezf 0q' , 00 � � ,, ,( ' ide'.r.Q.ei Qy 0003090 ie i,i7' 7 00881 ad030000 7, 0.043001109 . tti 40009 OOb3110lt00f 3�tw ! ; O0fl3tJfE#O94 9003080808 teiliw 08 Parcel Number 0003000086 Address 5319 S 136TH ST Zipcode 98168 Taxpayer DUNNING CRAIG The information included on this map has been compiled by King County staff from a variety of sources and is subject to change without notice. King County makes no representations or warranties, express or implied, as to accuracy, completeness, timeliness, or rights to the use of such information. King County shall not be liable for any general, special, indirect, incidental, or consequential damages including, but not limited to, lost revenues or lost profits resulting from the use or misuse of the information contained on this map. Any sale of this map or information on this map is prohibited except by written permission of King County." Print Map Page King County Home New s, Services By visiting this and other King County web pages, you expressly agree to be bound by terms and conditions of the site. The details. C omments ; King County 1 GIS Center 1 News 1 Services 1 Comments 1 Search Search Page 1 of 1 ATTACHMENT A http://wvvw5.metrokc.gov/parcelviewer/Print_Process.asp 04/06/2006 Business License: • RENEWAL /: EW Application Date: /l r / ��� c Business Name /, 9I / /id Dq•- f LQ . / . / A.) Local Street 5-31 r 4 / 3(� 51-- 1• Address �,, (Be sure to include zip 71 lc Lcrj 10_, r w f9 7 �7 �/ 4 t" code + 4 -dig extension) ,}"� /; ea "if owned Ueoa�rf Rental (25-fr Loc 1 PO box & zip, if applicable leUl1 1 f) ( Corporate Address, if different from local: N Al /- 7�SS .gV7ine 0.3i" 0.3i" f7-e. l o C c li''1 AC 11 ( /j ‘r111,Qq.�-f- /1')CGi - A. 007 tiara AT -- ) Corporate Phone: ( ,F4 I Bus' a Phone (incl. ar cod : ( ,1, -) 7 �� 3 l2 9 c i , >l/r�t If b sins name has ch ne in s yea lit former name. Indicate ownership status: • In idual ■Partnership • LLC &Corporation • Non - profit Local ma a g er (include name and home phone): (, 0 I eDn O n n�in9 •?moo Z' -'O Original opening date of business in Tukwila: 1 i7'�4iVuXIey 2-co C, List owners/partners/ officers: Title/ Home Address Ci State/�i 9r /(�0hone Date of h Grp VEPC)/i p, ;d d , 5./36 tit S t - rohi_ii l (km- 2462 / %z� (/Uj�t y 1-4 �. r re r r �` F 1 r l/ /9,/ C tin 4) Se • ✓645'. n IS YOUR Door-to-do o/ solicitati /ped � • o ■ Yes BUSINESS: Contractor based outside City? t�'No • Yes If "Yes ", show jobsite address in space below Operated from your Tukwila residence? • No es If "Yes ", read information on reverse side and sign Any g ling and /or gambling devices on premises No • Yes Any am ement devices on premises? o ■ Yes If "Yes ", number of devices: Description f business (giv details;, also, list types of products soPld pr stored • , /Than u f �G-t'vf�e - wil' Sd e el J also, r4 uP �• rt�vh pro q & S porcelain 1 osP,/ pia' / Will retail sales be con ucted? - ■ Yes No Size of floor space used:. - � ft. Number of available parkin spaces: , 3 Total employ at Tukwild location, including owners and managers: Full -time: ( Part-time: 1 Number of employees i each type of employment: Office: F Retail: f Wholesale: 1 Manufacturing: 1 Warehousing: 5 Other: fiS Do you us tore /discharge flammable, hazardous, or biohazardous m teriais? • No Yes I Yes ", state type and quantity: ACycien 4Oe C5• '. L'r ui •�i ed i t?arol even eia�s At rl--Oorks OF e on i Local Emergency Contacts: y Pone 1. se rf y Erskine - mil` ``/ 3.1 S 1 2 . s1 ro n 5 torero - 20 - 3 - 08 7 f Is Vour business activity - or any portions of your building - different than the previous use of this building /space? • No �l'es exco pied reii; a` b Sul �'� If YES, please provide description. (Use separate sheet, if necessary) Prctfi o 0 51 'List Permit Numbers: / ^ /V /A Are you PRESENTLY DOING ( PLANNING TO DO) any: / _ Construction, remodeling, or installation of commercial storage racks? LMI • Yes Installation of new signage or changes in existing signage? o • Yes / --0.- --0.- If Presently Doing If Planning To Do: Contact the City of Tukwila's Permit Center regarding permit requirements PRIOR TO STARTING. IF RENEWAL -0- Show 2005 City of Tukwila Business License No.: / J� NEW OR RENEWAL - 4 0. (Read CTR information on reverse side) No. of CTR "affected employees" at the site for which this business license application is filed: (4 State Sales Tax or UBI number (9 digi ts): or (0O' 5 3(0 1 certify the information contained herein is correct. I understand that any untrue statement is cause for revocation of my license. Signature: i Print Name: • /yeti V u /1 rini y Tit le /Office: (/I Ce Pre - 9),&-h-7-7 . }ti ice' ii � h t v . f r e ` A sA�k;tL�gasOF„F,ICEUSEONLY�aw Date: i t Received by: Receipt No.: 0 Paid: Cash _. - -- = -- S" heck No.: ci Buildin Planning: 4 U Zoning des gnation: ...\.../ -�~= / / ' ■ Buildin 51F� permit at -:i:d Police: Fire: Date issued: ATTACHMENT B 2006 License No.: a ll 0 4 - City of Tukwila 6200 Southcenter Boulevard Tukwila, Washington 98188 -2599 206- 433 -1800 •—. w .7 R.. 1 DECD 14 2005 Application for 2006 DEVELOPMENT City Business License - S' .W.+ l5 4f2.iait' •E{!ki >Y�.""'+ .F 4 TTfa Ya - W A - Jtid� d F/LLOUT TH/SFRM IN ITS ENT/RETY i�i� �'w'v crt' R. 5•rif+ -1 J Yh h'a . r T INCOMPLETE APPLIATIONS,WILL NOT BE ACCEPTED r'FN.•,nrtr : �'.. This is an APPLICATION ONLY, and NOT a license to conduct business. You must obtain a business license PRIOR to conducting business. sT ALL LICENSES EXPIRE DECEMBER 31 If you are a new building owner or planning to sell a building - please note fire alarm installation provisions on rev rse si LICENSE FEE C;T6 t 5 $50.0C (based on number CHECK ONE ❑ 6 to 100 :0C of employees) ❑ 101 and above $200.0( et ,w: ,. y �- .�....r;�aun+•r:,. -ez -a.- r - r..cF:; R AAV'Rf 1'A�• TO MATIC, FIRE�� II� STALIATIONkN ! OTI _ ° t a' ". .;*�c .1' ' 1 1' .�2Ppx"�:� ".fCd'!�4'�i As required by Tukwila Municipal Code (TMC) 16.40.100: when sold, existing commercial, hotel /motel, industrial and multi - family dwellings which are not fully protected by an automatic sprinkler system shall have an Automatic Fire Alarm system installed. If not installed by the property owner, upon sale of the property it will be the responsibility of the seller to advise the buyer of this requirement. Multi- family dwellings which are sold and protected by an automatic sprinkler system shall install a fire alarm system complying with TMC 16.40.120B. =INFORMATI 1 SAF ETX IN= O`IERNIGHT ODGIt As the operator of the home -based business it is necessary for you to sign below, thereby attesting that you have read the above and agree to these conditions throughout the lifetime of the business conducted at the specified address. In 1991, Washington State passed a law (RCW 70.94.521 -551) directing city and county governments to institute programs which require their major employers (with 100 or more affected employees - including owners and managers - at a single worksite) to take measures to reduce the number of single- occupancy vehicle commute trips per week per employee. "Affected employees" are those full -time employees who are scheduled to begin their regular work day between 6:00 -9:00 Ant, on at least two weekdays per week, 12 months of the year. (For purposes of this law, 35 hours per week is considered full- time.) Businesses engaged in providing overnight lodging (hotels /motels) are required to participate in the SAFETY IN OVERNIGHT LODGING PROGRAM per TMC 5.60. Copies of the governing ordinance and program description can be obtained from the Tukwila Police Department Crime Prevention Unit. HOME OCCUPATION (business operated out of your Tukwila residence) Conditions for Issuance of Business License Pursuant to Tukwila Municipal Code Section 18.06.430 and City policy, home occupations (businesses conducted in and out of a residence or apartment) are defined and must comply with certain conditions, as follow: 18.06.430 Home occupation. "Home occupation" means an occupation or profession which is customarily 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 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 surrounding residential development; 2. No home occupation shall be conducted in any accessory building; 3. Traffic generated by such home occupations shall not create a nuisance; 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; 5. The business involves no more than one person who is not a resident of the dwelling; and 6. An off - street parking space shall be made available for any non - resident employee. The above conditions are interpreted to mean at a minimum that: • Employees do not come to the property on a daily or weekly basis. • No more than one work car will be parked on or near the property at any one time. • Outside storage of materials will not occur. • Customers do not come to the premise (with the exception of day cares). The business operator visits customers at their location. • The interior of the premises appears primarily to be a residence. (for new building owners or those planning to sell a building in Tukwila) ( "Commute Trip Reduction" Program) (for Tukwila hotels /motels) Business Name and Address: /1-119h74411 Dom( Lid l /JG c e, / 3 6. S' , e Print Nam , ,z)12/1Alw 9J Tirin /Oncitinn December 30, 2005 Colleen Dunning Highland Dental Lab, Inc. 5330 S. 136 St. Tukwila, WA 98168 -4728 City of Tukwila Department of Community Development ATTN: Brandon Miles 6300 Southcenter Blvd, Ste 100 Tukwila, WA 98188 RE: Business License Application Dear Mr. Miles: RECEIVED 1 JAN . 0 4 2006 COMMUNITY DEVELOPMENT This letter is in response to your letter dated December 20, 2005, requesting addition information regarding the business license application to operate a dental lab at 5319 S. 136 Street, Tukwila. 1. Residential portion of the building will be occupied in spring 2006 by the business /property owners, Craig & Colleen Dunning. 2. Materials stored on property will be various types of plaster or stone in approximately 50 lbs containers. 3. Hot work area will contain 2 to 3 (4 gallons each) propane tanks and 2 oxygen tanks (40 cf each) and standing 2 feet tall. Reference telephone conversation on December 21, 2005 with Craig Dunning, upon review of business license application it was realized that info provided reflects the business as it currently exists, which includes retail as well as manufacturing. The retail side of the business will be eliminated. The manufacturing side will consist of one employee for manufacturing (Craig Dunning) and one employee for office /administrative (Colleen Dunning) Business is low impact on neighborhood, with the only traffic being occasional delivery of supplies and materials by commercial freight carriers. Please feel free to call Craig Dunning at 206 - 310 -0601 (cell phone) if you have any questions or need further clarification. January 18, 2006 Highlands Dental Lab, Inc. 5319 S. 136` St. Tukwila, WA 98168 4712 Attn: Craig Dunning, president FILE COPY 6200 Southcenter Boulevard • Tukwila Washington 98188 Steven M. Mullet, May ATTAC HMENT C VIA CERTIFIED MAIL 7003 2260 0006 4061 0515 Return Receipt Requested RE: NOTICE OF DENIAL — 2006 Business License Dear Mr. Dunni This letter will serve as of Denial business license has been doted under Tukwila Municipal that your application for a 2006 business license ; A.2. — al Tukwila Revocation; for A The building, structure P Code or location n of which the license was 'equipment, operation a location of the standards of the T as issued does not comply Tukwila Municipal Code. with therequirements or The Department of Co application for mmunity Development has reviewed Your business located at 5319 S. 136`h Street your business license the ense Tulcvvila Zoning Code, the r definition of a ho proposed use of the residential home does not me t me occupation business. The property is zoned Low D The reasons are as follows: meet the The Tukwila Munici al Dens Residential (LDR); zone is to provide low d nsde (TMC) 18.10.010 oo ur b notes that the with purpose f 11 infrastructure se Y family residential areas to the LDR n f b an in infr ras services in order to maintain stable residential 11 range TMC 18 d and to prevent intrusions by fines a home occupation i ncompatible "a land us i or profession which is custom p as follow low profession in w arily incident to or c n a dwell i which the use of the premises as a 'dwelling pl in a d larg e l to the occupation place dwelling p lace; carried on by a member of the family resit is largely incidental and The business license a ding within the Your ir business Decemapp3cation notes that c 2005 notes future p currently no one resides in the house, but at this time the home is unoccu ie have the home. plans of the in In summary, pled. In umm by, standalone does no commercial e operations are not permitted in the LD application for a 2006 business license is denied.f home occu cation. R zoe. The Consequently, your Highland Dental Lab, Inc. January 18, 2006 Page 2 You are hereby advised that it is illegal to conduct business in the City of Tukwila without a current business license. You may appeal this Notice of Denial to the Hearing Officer, provided that the appeal is made in writing and filed with the City Clerk within ten (10) days from the date of receipt of the Notice of Denial. The appeal must specify the particular reason(s) upon which the appeal is based. Failure to appeal within this time period shall constitute a waiver of all rights to any additional administrative hearing or determination on the matter (Tukwila Municipal Code 5.04.110(B)). Sincerely, G: C1_ ,LL Gam. e E. Cantu, CMC City Clerk C: B. Miles, DCD S. Kerslake, City Attorney K. Stetson, Code Enforcement Officer January 25, 2006 Craig Dunning Highland Dental Lab, Inc. 5319 S. 136 St. Tukwila, WA 98168 -4728 City of Tukwila Department of Community Development ATTN: Hearing Officer 6300 Southcenter Blvd, Ste 100 Tukwila, WA 98188 RE: NOTICE OF DENIAL — 2006 Business License Dear Sir: This letter is in response to your letter dated January 18, 2006, subject as above. This letter serves as an Appeal to the Notice of Denial based on the fact that the home in currently unoccupied, thereby not meeting the Code requirements for a home based business. In accordance with Tukwila Municipal Code (TMC) 18.10.010, the business owners/operators are currently in the process of occupying the residence that will serve as the business location for Highland Dental Lab, Inc., located at 5319 S. 136 Street, Tukwila. Full occupancy, of the residence in question, (by the business operators) will be complete on February 1, 2006. Respectfully request reconsideration for issuance of a license to operate a home based business in the City of Tukwila Please feel free to call Craig Dunning at 206 -431 -3353 if you have any questions or need further clarification. Respectfully yours, Craig Dunning President Attachment D RECEIVED JAN 2 5 2006 CITY OF TUKWILA CITY CLERK March 29, 2006 City of Tukwila /'/ 6200 Southcenter Boulevard • Tukwila, Washington 98188 Steven M. Mullet, Mayor Craig Dunning, President Highland Dental Lab, Inc. 5319 S. 136 St. Tukwila, WA 98168 -4728 VIA CERTIFIED MAIL 7000 1 670 0011 7871 1827 Return Receipt Requested Re: Letter of Appeal - Denial of 2006 Business License Dear Mr. Dunning Your letter appealing the denial of a 2006 Tukwila business license was received on January 25, 2006. As noted in the Notice of Denial letter dated January 18, your property is zoned Low Density Residential (LDR). The proposed business license is for a manufacturing business mixed with a residence. The result is a mixed occupancy building or light commercial /residential building, which shall be required to meet code for fire separations of separated uses. (IBC Section 302). The building shall meet required codes for storing liquefied petroleum gases and oxygen. The manufacturing area shall also be required to meet certain code requirements for ventilation and exhaust during operation. A building permit complete with plans shall be required. In conclusion, the building becomes a light commercial establishment, which is not allowed in LDR. The Hearing Examiner will consider your appeal on Thursday, April 20, at 9:00 a.m. The hearing will take place in Conference Room #2 which is located in the building next door to Tukwila City Hall at 6300 Southcenter Boulevard, Tukwila, 98188. Conference Room #2 is on the first floor. You are entitled to appear in person, and to be represented by counsel, and to offer such evidence as may be pertinent and material to the Notice of Denial. If you are unable to be present at the hearing, please notify me as soon as possible prior to the date of the hearing. ATTACHMENT E Phone: 206 - 433 -1800 • City Hall Fax: 206 - 433 -1833 • www. ci.tukwila.wa.us Craig Dunning March 28, 2006 Page 2 If you have questions regarding the appeal procedures, you may contact me at 206 - 433 -1800. Sincerely, Jane E. Cantu, CMC ity Clerk Attachment: IBC 302 C: S. Kerslake, City Attorney Sue Tanner, Hearing Examiner K. Stetson, Code Enforcement Officer ROOM OR AREA SEPARATION Furnace room where any piece of equipment is over 400,000 Btu per hour input 1 hour or provide automatic fire- extinguishing system Rooms with any boiler over 15 psi and 10 horsepower 1 hour or provide automatic fire- extinguishing system Refrigerant machinery rooms 1 hour or provide automatic sprinkler system Parking garage (Section 406.2) 2 hours; or 1 hour and provide automatic fire- extinguishing system Hydrogen cut -off rooms 1 -hour fire barriers and floor /ceiling assemblies in Group B, F, H, M, S and U occupancies. 2 -hour fire barriers and floor /ceiling assemblies in Group A, E, 1 and R occupancies. Incinerator rooms 2 hours and automatic sprinkler system Paint shops, not classified as Group Group F 2 hours; or 1 hour and provide Laboratories and vocational shops, not classified as Group H, located in Group E or I -2 occupancies 1 hour or provide automatic fire- extinguishing system Laundry rooms over 100 square feet 1 hour or provide automatic fire- extinguishing system Storage rooms pver 100 square feet 1 hour or provide automatic fire- extinguishing system Group I -3 cells equipped with padded surfaces 1 hour Group I -2 waste and linen collection rooms 1 hour Waste and linen collection rooms over 100 square feet 1 hour or provide automatic fire- extinguishing system Stationary lead -acid battery systems having a liquid capacity of more than 100 gallons used for facility standby power, emergency power or uninterrupted power supplies 1 -hour fire barriers and floor /ceiling assemblies in Group B, F, H, M, S and U occupancies. 2 -hour fire barriers and floor /ceiling assemblies in Group A, E, I and R occupancies 2003 INTERNATIONAL BUILDING CODE® CHAPTER 3 USE AND OCCUPANCY CLASSIFICATION SECTION 301 GENERAL 301.1 Scope. The provisions of this chapter shall control the classification of all buildings and structures as to use and occu- pancy. SECTION 302 CLASSIFICATION 302.1 General. Structures or portions of structures shall be classified with respect to occupancy in one or more of the groups listed below. Structures with multiple uses shall be clas- sified according to Section 302.3. Where a structure is pro- posed for a purpose which is not specifically provided for in this code, such structure shall be classified in the group which the occupancy most nearly resembles, according to the fire safety and relative hazard involved. 1. Assembly (see Section 303): Groups A -1, A -2, A -3, A-4 and A -5 2. Business (see Section 304): Group B 3. Educational (see Section 305): Group E 4. Factory and Industrial (see Section 306): Groups F -1 and F -2 5. High Hazard (see Section 307): Groups 11-1, H -2, H -3, H -4 and H -5 6. Institutional (see Section 308): Groups I -1, 1-2, 1-3 and I -4 7. Mercantile (see Section 309): Group M 8. Residential (see Section 310): Groups R -1, R -2, R -3 as applicable in Section 101.2, and R-4 9. Storage (see Section 311): Groups S -1 and S -2 10. Utility and Miscellaneous (see Section 312): Group U 302.1.1 Incidental use areas. Spaces which are incidental to the main occupancy shall be separated or protected, or both, in accordance with Table 302.1.1 or the building shall be classified as a mixed occupancy and comply with Section 302.3. Areas that are incidental to the main occupancy shall be classified in accordance with the main occupancy of the portion of the building in which the incidental use area is lo- cated. Exception: Incidental use areas within and serving a dwelling unit are not required to comply with this sec- tion. 302.1.1.1 Separation. Where Table 302.1.1 requires a fire- resistance -rated separation, the incidental use area shall be separated from the remainder of the building with a fire barrier. Where Table 302.1.1 permits an auto- matic fire- extinguishing system without a fire barrier, the incidental use area shall be separated by construction ca- pable of resisting the passage of smoke. The partitions shall extend from the floor to the underside of the fire- resistance -rated floor /ceiling assembly or fire- resis- tance -rated roof /ceiling assembly or to the underside of the floor or roof deck above. Doors shall be self - closing or automatic - closing upon detection of smoke. Doors shall not have air transfer openings and shall not be un- dercut in excess of the clearance permitted in accordance with NFPA 80. TABLE 302.1.1 INCIDENTAL USE AREAS For SI: 1 square foot = 0.0929 m 1 pound per square inch = 6.9 kPa, 1 British thermal unit per hour = 0.293 watts, 1 horsepower = 746 watts, 1 gallon = 3.785 L. a. Where an automatic fire- extinguishing system is provided. it need only be provided in the incidental use room or area. 23 USE AND OCCUPANCY CLASSIFICATION 302.2 Accessory use areas. A fire barrier shall be required to separate accessory use areas classified as Group H in accor- dance with Section 302.3.2, and incidental use areas in accor- dance with Section 302.1.1. Any other accessory use area shall not be required to be separated by a fire barrier provided the ac- cessory use area occupies an area not more than 10 percent of the area of the story in which it is located and does not exceed the tabular values in Table 503 for the allowable height or area for such use. 302.2.1 Assembly areas. Accessory assembly areas are not considered separate occupancies if the floor area is equal to or less than 750 square feet (69.7 m Assembly areas that are accessory to Group E are not considered separate occu- pancies. Accessory religious educational rooms and reli- gious auditoriums with occupant loads of less than 100 are not considered separate occupancies. 302.3 Mixed occupancies. Where a building is occupied by two or more uses not included in the same occupancy classifi- cation, the building or portion thereof shall comply with Sec- tion 302.3.1 or 302.3.2 or a combination of these sections. Exceptions: 1. Occupancies separated in accordance with Section 508. 2. Areas of Group H -2, H -3, H -4 or H -5 occupancies shall be separated from any other occupancy in accor- dance with Section 302.3.2. 3. Where required by Table 415.3.2, areas of Group H -1, H -2 or H -3 occupancy shall be located in a separate and detached building or structure. 4. Accessory use areas in accordance with Section 302.2. 5. Incidental use areas in accordance with Section 302.1.1. 302.3.1 Nonseparated uses. Each portion of the building shall be individually classified as to use. The required type of construction for the building shall be determined by ap- plying the height and area limitations for each of the appli- cable occupancies to the entire building. The most restrictive type of construction, so determined, shall apply to the entire building. All other code requirements shall ap- ply to each portion of the building based on the use of that space except that the most restrictive applicable provisions of Section 403 and Chapter 9 shall apply to these nonseparated uses. Fire separations are not required be- tween uses, except as required by other provisions. 302.3.2 Separated uses. Each portion of the building shall be individually classified as to use and shall be completely separated from adjacent areas by fire barrier walls or hori- zontal assemblies or both having a fire - resistance rating de- termined in accordance with Table 302.3.2 for uses being separated. Each fire area shall comply with this code based on the use of that space. Each fire area shall comply with the height limitations based on the use of that space and the type of construction classification. In each story, the building area shall be such that the sum of the ratios of the floor area of each use divided by the allowable area for each use shall not exceed one. Exception: Except for Group H and I -2 areas, where the building is equipped throughout with an automatic sprin- kler system, installed in accordance with Section 903.3.1.1, the fire - resistance ratings in Table 302.3.2 shall be reduced by 1 hour but to not less than 1 hour and to not less than that required for floor construction ac- cording to the type of construction. 302.4 Spaces used for different purposes. A room or space that is intended to be occupied at different times for different purposes shall comply with all the requirements that are appli- cable to each of the purposes for which the room or space will be occupied. 1 SECTION 303 ASSEMBLY GROUP A 303.1 Assembly Group A. Assembly Group A occupancy in- cludes, among others, the use of a building or structure, or a portion thereof, for the gathering together of persons for pur- poses such as civic, social or religious functions, recreation, food or drink consumption or awaiting transportation. A room or space used for assembly purposes by less than 50 persons and accessory to another occupancy shall be included as a part of that occupancy. Assembly areas with less than 750 square feet (69.7 m and which are accessory to another occupancy according to Section 302.2.1 are not assembly occupancies. Assembly occupancies which are accessory to Group E in ac- cordance with Section 302.2 are not considered assembly occu- pancies. Religious educational rooms and religious auditoriums which are accessory to churches in accordance with Section 302.2 and which have occupant loads of less than 100 shall be classified as A -3. Assembly occupancies shall include the following: A -1 Assembly uses, usually with fixed seating, intended for the production and viewing of the performing arts or motion pictures including, but not limited to: Motion picture theaters Symphony and concert halls Television and radio studios admitting an audience Theaters A -2 Assembly uses intended for food and/or drink con- sumption including, but not limited to: Banquet halls Night clubs Restaurants Taverns and bars A -3 Assembly uses intended for worship, recreation or amusement and other assembly uses not classified else- where in Group A including, but not limited to: Amusement arcades Art galleries Bowling alleys Churches Community halls Courtrooms Dance halls (not including food or drink consump -' tion) Exhibition halls 411 r- RECEIVED *AY 18 288 cowman DEVELOP In the Matter of the Appeal of CRAIG DUNNING Entered this 17 day of May, 2006. • • BEFORE THE HEARING EXAMINER CITY OF TUKWILA File: L06 -025 from a denial of a business license application by the Department of ORDER OF Community Development DISMISSAL By letter of May 15, 2006, the appellant has withdrawn this appeal. The matter should be, and hereby is, DISMISSED, and the hearing scheduled for May 18, 2006, is canceled. Sue A. Tanner Hearing Examiner City of Tukwila REC EIVE® MM 1a �.006 COMMUNITY ENT 41 BEFORE THE HEARING EXAMINER CITY OF SEATTLE CERTIFICATE OF SERVICE BY MAIL I, Alvia N. Williams, certify that on the 17 day of May, 2006 I deposited in the mail of the United States (with postage prepaid) and in the City's Mail/Messenger Service (used for City personnel only) a sealed envelope containing the attached ORDER OF DISMISSAL addressed to each person listed on the back of this affidavit or on the attached mailing list, in the matter of _ Hearing Examiner file number: Citation 1008200 - 2. I further certify under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct and that this certificate of service was executed this 17 day of May, 2006, at Seattle, Washington. ( Le& utlete4A4- Name: Alvia N. Williams Title: Paralegal MAILING LIST FOR: LO 5 CRAIG DUNNING HIGHLAND DENTAL LAB, INC. 5319 S. 136 STREET TUKWILA WA 98168 -4728 BRANDON J. MILES CITY OF TUKWILA 6300 SOUTHCENTER BLVD. TUKwILA WA 98188 JANE CANTU, CMC CITY CLERK 6200 SOUTHCENTER BLVD TUKWILA WA 98188 -2544 • CRAIG DUNNING In the Matter of the Appeal of File: L06 -025 from denial of a business license application by the Department of Community Development Entered this 3rd day of May, 2006. BEFORE THE HEARING EXAMINER CITY OF TUKWILA Craig Dunning, the appellant, and Brandon Miles, on behalf of the Department of Community Development, have requested a continuance of the appeal hearing scheduled in this matter for 9:00 a.m. on May 4, 2006, in order to complete resolution of the issues surrounding the business license application that is the subject of the appeal. For good cause shown, the request for continuance is GRANTED, and the hearing is continued to May 18, 2006, beginning at 9:00 a.m., in Conference Room #2, 6300 Southcenter Boulevard, in Tukwila. Sue A. Tanner Hearing Examiner City of Tukwila SECOND ORDER OF CONTINUANCE R ECEIVED MAY 0 4 2006 C OMMUNITY DEVELOPMENT BEFORE THE HEARING EXAMINER CITY OF SEATTLE CERTIFICATE OF SERVICE BY MAIL I, Alvia N. Williams, certify that on the 3" day of May, 2006 I deposited in the mail of the United States (with postage prepaid) and in the City's Mail/Messenger Service (used for City personnel only) a sealed envelope containing the attached SECOND ORDER OF CONTINUANCE addressed to each. person listed on the back of this affidavit or on the attached mailing list, in the matter of CRAIG DUNNING. Hearing Examiner file number: L06 -025. I further certify under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct and that this certificate of service was executed this 3" day of May, 2006, at Seattle, Washington. ame: Alvia N. Williams Title: Paralegal Rete MAY 04 2006 OEyEO MAILING LIST FOR: L06 -025 CRAIG DUNNING HIGHLAND DENTAL LAB, INC. 5319 S. 136 STREET TUKWILA WA 98168 -4728 BRANDON J. MILES CITY OF TUKWILA 6300 SOUTHCENTER BLVD. SUITE #100 TUKwILA WA 98188 JANE CANTU, CIVIC CITY CLERK 6200 SOUTHCENTER BLVD. TUKWILA WA 98188 DANIEL M. BER.GER ASSISTANT CITY ATTORNEY LAW DEPARTMENT CH -04 -01 GLENDA GRAHAM - WALTON DIRECTOR CSC SMT -16 -01 CRAIG DUNNING In the Matter of the Appeal of from denial of a business license application by the Department of Community Development Craig Dunning, the appellant, and Brandon Miles, on behalf of the Department of Community Development, have requested a continuance of the appeal hearing scheduled in this matter for 9:00 a.m. on April 20, 2006. The parties are pursuing resolution of the issues surrounding the business license application that is the subject of the hearing. For good cause shown, the request for continuance is GRANTED, and the hearing is continued to May 4, 2006, beginning at 9:00 a.m., in Conference Room #2, 6300 Southcenter Boulevard, in Tukwila. Entered this 19th day of April, 2006. BEFORE THE HEARING EXAMINER CITY OF TUKWILA Sue A. Tanner Hearing Examiner City of Tukwila File: L06 -025 ORDER OF CONTINUANCE RECEIVED 'APR 2 0 1006 COMMU(,r DEVELOPMENT • BEFORE THE HEARING EXAMINER CITY OF SEATTLE CERTIFICATE OF SERVICE BY MAIL I, Alvia N. Williams, certify that on the 19 day of APRIL, 2006 I deposited in the mail of the United States (with postage prepaid) and in the City's Mail/Messenger Service (used for City personnel only) a sealed envelope containing the attached ORDER OF CONTINUANCE addressed to each person listed on the back of this affidavit or on the attached mailing list, in the matter of CRAIG DUNNING. Hearing Examiner file number: L06 - 025. I further certify under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct and that this certificate of service was executed this 19 day of APRIL, 2006, at Seattle, Washington. Name: Alvia N. Williams Title: Paralegal Mailing List for File No06 -025 BRANDON J. MILES CITY OF TUKWILA 6300 SOUTHCENTER BLVD, SUITE #100 `.TUKWILA WA 98188 CRAIG DUNNING HIGHLAND DENTAL LAB, INC. 5319 S. 136 STREET TUKWILA WA 98168 -4728 • Brandon Miles - Highland Dental Lab. Code requirements for home occupation. Page 1 From: Bob Benedicto To: Brandon Miles Date: ' 4/19/06 12:59PM Subject: Highland Dental Lab. Code requirements for home occupation. Brandon, The brazing work as described by Mr. Demming does not require an occupancy separation between his work area and the remainder of the residence, provided that the following conditions are met: 1. The quantities of propane and oxygen in use or stored does not exceed the exempt amounts prescribed in the building code (30gaI propane & 504 C.F. oxygen). Currently it is my understanding that Mr. Demming will not have more than one 5gal tank of propane and one 40 C.F.oxygen tank in service at any one time. 2. The work area of the dental lab is limited to 500 square feet of the dwelling. 3. A "hot- works" permit must be obtained from the fire department. 4. A (4A4OBC) fire extinguisher is provided for the work area. END. \VX Wjj �,� °\i\31tu\\-f\ Plan check date: City of Tukwila Department of Community Development LAND USE PERMIT ROUTING FORM TO: Building Planning \Public Works \Fire Dept. Police Dept. Parks /Rec Project: I\V VA; St [1 Address: `'2014k4 L AVE Date 1 Response transmitted: 0 1(/ requested by: Staff Date response /� coordinator: _ t l- \( received: REVIEWERS: Please specify how the attached plans conflict with your ADOPTED development regulations, including citations. Be specific in describing the types of changes you want made to the plans. When referencing codes, please identify the actual requirement and plan change needed. The Planning Division review does not supplant each department's ability to administer its own regulations and permits. However, project consistency at the Planning review stage is important to minimize significant later design changes. More than minimal design changes require further Planning Commission review, even if alteration is required to satisfy a City requirement. This further review is typically a minimum 60 -day process. Requirements based on SEPA (e.g., not required by an adopted development regulation) MUST identify the impact being mitigated, the policy basis for requiring mitigation, and the method used to calculate the mitigation required. Calculations of project impacts and the mitigation required (e.g., water capacity, road level of service analyses, or turning analyses) may be required of the applicant. COMMENTS (Attach additional comment sheets and/or support materials as needed.) She d)- P U - (JVI"Olk )5 f) k 1 Comments prepared by: Update date: File Number Lo " -- ' Dt 9610 6, Highland Dental Lab, Inc. January 18, 2006 Page 2 You are hereby advised that it is illegal to conduct business in the City of Tukwila without a current business license. You may appeal this Notice of Denial to the Hearing Officer, provided that the appeal is made in writing and filed with the City Clerk within ten (10) days from the date of receipt of the Notice of Denial. The appeal must specify the particular reason(s) upon which the appeal is based. Failure to appeal' within this time period shall constitute a waiver of all rights to any additional administrative hearing or determination on the matter (Tukwila Municipal Code 5.04.110(B)). Sincerely, e E. Cantu, CMC City Clerk C: B. Miles, DCD S. Kerslake, City Attorney K. Stetson, Code Enforcement Officer Building Division Memo Date: January 12, 2006 Project Name: Highland Dental Lab • Page 1 ulcwila Buildin Division °�, b Iles Johannessen Plan Ex aminer Yt' 1 Per planning, the property is zoned Low Density Residential (LDR). The proposed business license is for a manufacturing business mixed with a residence. The result is a mixed occupancy building or light commercial / residential building, which shall be required to meet code for fire separations of separated uses. (IBC Section 302) The building shall meet required codes for storing liquefied petroleum gases and oxygen. The manufacturing area shall also be required to meet certain code requirements for ventilation and exhaust during operation. A building permit complete with plans shall be required. 2 To sum it up the building becomes a Tight commercial establishment, which is not allowed in LDR. Therefore the business license is denied. Should there be questions conceming the above requirements, contact the Building Division at 206-431- 3670. No further comments at this time. City of Tukwila Department of Community Development Steve Lancaster, Director RE: Highland Dental Lab, Inc Business License Application DATE: January 10, 2006 City of Tukwila Memorandum TO: • Jane Cantu, City Clerk FROM: Brandon J. Miles, Assistant Planner! \ CC. Nora Gierloff, Planning Supervisor Code Enforcement The Department of Community Development (DCD) has reviewed the above business license application. DCD is recommending that the application be denied. The reason for the denial is based on the following facts: 1. The property where the business is proposed to be located is at 5319 S. 136` Street, Tukwila, Washington 98168. The property is zoned Low Density Residential (LDR). 2. Tukwila Municipal Code (TMC) 18.10.010 notes that the purpose of the LDR zone is to provide low density family residential areas together with a full range of urban infrastructure services in order to maintain stable residential neighborhoods, and to prevent intrusions by incompatible land uses. 3. TMC 18.10 does not allow commercial operations within the LDR zone, unless they can meet the definition of being a home occupation. 4. TMC 18.06.430 defines a home occupation as follows, "Means an occupation or profession which is customarily 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 by a member of the family residing within the dwelling place. 5. The business license application notes that currently no one is residing in the home. Additionally, a letter dated December 30, 2005 notes that the property owner only have future plans of residing in the house, but currently they are not living in the home. Standalone commercial operations are not permitted in the LDR zone. The proposed business does not meet the definition of home occupation and thus the business license cannot be approved. Steven M. Mullet, Mayor December 30, 2005 Colleen Dunning Highland Dental Lab, Inc. 5330 S. 136 St. Tukwila, WA 98168 -4728 City of Tukwila Department of Community Devejopment ATTN: Brandon Miles 6300 Southcenter Blvd, Ste 100 Tukwila, WA 98188 RE: Business License Application Dear Mr. Miles: RECEIVED 1 JAN ' 0 4 2006 COMMUNITY DEVELOPMENT This letter is in response to your letter dated December 20, 2005, requesting addition information regarding the business license application to operate a dental lab at 5319 S. 136 Street, Tukwila. 1. Residential portion of the building will be occupied in spring 2006 by the business /property owners, Craig & Colleen Dunning. 2. Materials stored on property will be various types of plaster or stone in approximately 50 lbs containers. 3. Hot work area will contain 2 to 3 (4 gallons each) propane tanks and 2 oxygen tanks (40 cf each) and standing 2 feet tall. Reference telephone conversation on December 21, 2005 with Craig Dunning, upon review of business license application it was realized that info provided reflects the business as it currently exists, which includes retail as well as manufacturing. The retail side of the business will be eliminated. The manufacturing side will consist of one employee for manufacturing (Craig Dunning) and one employee for office /administrative (Colleen Dunning) Business is low impact on neighborhood, with the only traffic being occasional delivery of supplies and materials by commercial freight carriers. Please feel free to call Craig Dunning at 206 - 310 -0601 (cell phone) if you have any questions or need further clarification. Craig Dunning L06 -025 HEARING EXAMINER FILE BEFORE THE HEARING EXAMINER CITY OF TUKWILA In the Matter of the Appeal of File: L06 -025 CRAIG DUNNING from a denial of a business license application by the Department of ORDER OF Community Development DISMISSAL By letter of May 15, 2006, the appellant has withdrawn this appeal. The matter should be, and hereby is, DISMISSED, and the hearing scheduled for May 18, 2006, is canceled. Entered this 17'h day of May, 2006. Sue A. Tanner Hearing Examiner City of Tukwila BEFORE THE HEARING EXAMINER CITY OF SEATTLE CERTIFICATE OF SERVICE BY MAIL I, Alvia N. Williams, certify that on the 17th day of May, 2006 I deposited in the mail of the United States (with postage prepaid) and in the City's Mail /Messenger Service (used for City personnel only) a sealed envelope containing the attached ORDER of DISMISSAL addressed to each person listed on the back of this affidavit or on the attached mailing list, in the matter of _ Hearing Examiner file number: Citation 1008200 -2. I further certify under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct and that this certificate of service was executed this 17th day of May, 2006, at Seattle, Washington. h 6c. uljA-4��- Name: Alvia N. Williams Title: Paralegal MAILING LIST FOR: L06 -025 CRAIG DUNNING HIGHLAND DENTAL LAB, INC. 5319 S. 136TH STREET TUKWILA WA 98168 -4728 BRANDON J. MILES CITY OF TUKWILA 6300 SOUTHCENTER BLVD. TUKWILA WA 98188 JANE CANTU, CMC CITY CLERK 6200 SOUTHCENTER BLVD TUKWILA WA 98188 -2544 05/16/2006.11:31 FAX 206 433 1833 City of Tukwila IM002/002 May 15, 2006 Craig Dunning Highland Dental Lab, Inc. 5319 S. 136`x' St. Tukwila, WA 98168 -4728 City of Tukwila Department of Community Development ATTN: Hearing Officer 6300 Southeenter Blvd, Ste 100 Tukwila, WA 98188 IV MAY 1, 5 2006 C ",ITY OF TUKWILA CITY CLERK RE: Notice Of Withdrawal On Denial Of A Business License File No. 1,06 -025 Dear Hearing Examiner: This letter is in response to your letter dated May 3, 2006, subject, Second Order of Continuance,. Request a withdrawal for the appeal process; subject as above. A Business License Permit has been granted to Highland Dental Lab, Inc. per telephone conservation with the City as of this date. The Tukwila Fire Department has conducted their inspection a granted a Hot Works Permit. All outstanding issues have been resolved with all parties involved. Respectfully yours, Craig Dunning President 05/16/2006 11:31 FAX 206 433 1833 City of Tukwila CITY OF TUKWILA ILA OFFICE OF THE CITY CLERK 6200 Southcenter Boulevard sn Tukwila, WA 98188 A ....... 4 (206) 433-1800 - Office 190B (206) 433-1833 — Fax Date: To: Fax: From: cla Phone: Re: 1M001/002 Jane E. Cantu, CMC, City Clerk Christ O'FlahPrtv. Deputy City Clerk Fax: (206) 433-1833 # of Pages* including this cover sheet. Hard Copy to Follow: Notes/Message: YES VA-\, `-� C. o'. k � NO .5 'ILI o r- V\ \' 1A 6A - THE INFORMATION CONTAINED IN THIS FAX TRANSMISSION IS INTENDED ONLY FOR THE PERSONAL AND CONFIDENTIAL USE OF THE DESIGNATED RECIPIENT NAMED ABOVE. This message is intended only for the use of the person or entity to which it is addressed and may contain information, which is privileged, confidential and exempt from disclosure under applicable law. If you are not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify the sender immediately and return the original to the City of Tukwila, via US Mail. Thank you. 0 City Tukwila Steven M. Mullet, Mayor Department of Co laud ty Development Steve Lancaster, Director HEARING DATE: STAFF CONTACT: FILE NUMBER: APPELANT: REQUEST: LOCATION: RECOMMENDATION ATTACHMENTS: Staff Report To the Hearing Examiner City of Tukwila April 20, 2006 Brandon J. Miles, Assistant Planner �,/✓1 L06 -025 Craig Dunning Relief from Notice of Denial 5319s. 136th Street Affirm the City's Decision to Deny the Business License Application A. Vicinity Map B. Business License Application as amended C. Notice of Denial D. Notice of Appeal E. Notice of Hearing 1. Applicable Standard of Proof _> r -� The applicant has challenged the City's decision to deny a business license. As the moving party, the applicant has the burden of demonstrating that the City's decision to deny the business license was clearly erroneous. After hearing the case regarding the above business license denial, the Hearing Examiner has the following options pursuant to TMC sections 5.04.112 and 8.45.090: 1. Sustain the City's decision to deny the business license 2. Withdraw and reverse the City's decision to deny the business license, 3. Continue the Hearing until a date certain for receipt of additional information, or 4. Modify the decision to deny the business license City Of Tukwila Page 1 04/07/2006 1 6300 Sou hcenter Bo °ulevard, Suite #100 @ Tukwila, Washington 98188 o Phone: 206- 431 -3670 ® Fax: 206 - 431 -3665 II. Scope of Hearing The Hearing is limited to issues posed in the Notice of Denial issued by the City Clerk's Office (TMC 5.04.110 (B). When the City issued the Notice of Denial information from the Building Division of the Department of Community Development was accidentally excluded from the Notice. However, when the City notified the appellant of the hearing date, the information regarding building code requirements was included (Attachment E, Notice of Hearing). The issue before the Hearing Examiner is whether the City's decision to deny the business license based upon the information contained with the original application as amended was clearly erroneous. III. Finding of Facts The property in questions is located at 5319 S. 136th Street, Tukwila, WA. Parcel Number 0003000086 (Attachment A, Vicinity Map). 2. The property is zoned Low Density Residential (LDR). Tukwila Municipal Code section 18.10 notes the purpose of this zoning is to, "...provide a full range of urban infrastructure services in order to maintain stable residential neighborhoods, and to prevent intrusions by incompatible land uses. 3. On December 9, 2005, the appellant submitted a business license application to operate Highland Dental Lab at the property in question. Under the description of the business the following was noted, "Manufacture and wholesale of dental applications, crowns, bridges, and porcelain used to metal (sic) ". (Attachment B, Business License Application). 4. The business license application also noted that a total of four employees would be at the site. The application also noted the applicant owned the site, but that the dwelling on the property had previously been used as a rental. 5. In order to operate a business within the LDR district at the property in question the applicant must run the business in an incidental manner to its main use as a residence, and be able to meet the requirements set forth in the definition of a home occupation (TMC 18.10.030). The City of Tukwila defines a home occupation as, "...as an occupation or profession which is customarily incident to or carried on in a dwelling place, and not one in which the use of the premises as a dwelling is largely incidental to the occupation carried on by a resident of the dwelling places provided, that: 1. There shall be no change the outside appearance of the surrounding residential development; 2. No home occupation shall be conducted in any accessory building; 3. Traffic generated by such home occupation shall not create a nuisance; City Of Tukwila Page 2 04/07/2006 Q:AAppeals \Highland Dental\Staff Report.doc 4. No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odor, electrical interference detectable to the normal senses of the lot; 5. The business involves no more than one person who is not a resident of the dwelling; and 6. Any off - street parking space shall be made available for any non- resident employee ". 6. Planning Division of the Department of Community Development expressed concerns to the appellant that the proposed use did not meet the City's requirements to be considered a home occupation. Most notably that the appellants did not actually live in the house and were merely using the property for the dental lab. 7. On December 30, 2005, the City received a letter from Mr. and Ms. Dunning. The letter noted the following: ❑ That the residential portion of the building will be occupied in Spring of 2006 by the business /property owners. ❑ Materials stored on the property will be various types of plasters or stone in approximately 50 -lbs containers. ❑ Hot work area will contain two to three (four gallon each) propane tanks and two oxygen tanks. ❑ That the retail side of the business had been eliminated and that only Mr. and Ms. Dunning would be working on the site. 8. On January 18, 2006, the City Clerks Office denied the business license application. The reason for the denial were as follows: ❑ The use could not be considered a home occupation. At the time of submittal of the business license application, the applicants were not residing in the dwelling. ❑ The proposed use triggers certain building code requirements that must be met prior to operation of the business. These requirements included that the building shall meet required codes for storing liquefied petroleum gases and oxygen. Additionally, the manufacturing area shall also be required to meet certain code requirements for ventilation and exhaust during operation. 9. On January 25, 2006, the applicant submitted a letter to the City Clerk's Office requesting an appeal of the City's decision (Attachment D, Notice of Appeal). The City stipulates that the appeal was timely filed. IV. Discussion The City's decision to deny the business license application was based on the facts presented to City staff. The applicant did not currently reside at the property; Planning Staff was not going to address a hypothetical situation that the applicant would be residing in the dwelling at a future date. When the City issues a permit or license to City Of Tukwila Page 3 04/07/2006 Q:AAppeals \Highland Dental \Staff Report.doe conduct a certain activity the applicant must comply with applicable code at the time of issuance. Even if Planning had concluded that the use met the home occupation requirements, the proposed use did not meet the requirements of Section 302 of the International Building Code. The applicant must make certain structure changes to the building prior to using the home as a business. Vl. Conclusion The City's decision to deny the business license was based upon the following: 1. The applicant was not residing at the business and thus could not be considered a home occupation. 2. The applicant's structure does not comply with building code requirements. VII. Recommendation Based upon the foregoing, the City respectfully requests that the Hearing Examiner deny the appeal. If circumstances have now changed, the appellant can submit for a new business license application. City Of Tukwila Page 4 04/07/2006 4 Q:A Appeals \Highland Dental \Staff Report.doc Print Map Page King County I GIS Center I News I Services I Comments I Search By visiting this and other King County web pages, you expressly agree to be bound by terms and conditions of the site. The details. Page 1 of 1 ATTACHMENT A http: / /www5. metrokc. gov /pareelviewer /Print_Process.asp 04/06/2006 I y a U v v� i 5 JtIIIA i,z` • • DEG' X005' .application for 2006 4 sy `, City of Tukwila COMMUNITY DEVELOPMENT- City Business License .:1 o 6200 Southcenter Boulevard �,.. ='_ Tukwila, Washington 98188 -2599 • • " IN ITS ENTIRETY 206 - 433 -1800 L INCOMPLETE NOT This is an APPLICATION ONLY, and NOT a license to conduct business. You must obtain a business license PRIOR to conducting business. ALL LICEN,59ES' EXPIRE DECEMBER 31sT Business License: ❑ RENEWAL EW Application Date: Business Name #, �174,n pein.- L4 A) 6. Corporate Address, if different from local: Local Street Address 5-31 q,'9.1 %^ 51 Planning: - CA\ck Zoning designation: (Be sure to include zip Tv 1G cc"[ (a r W t9 Z �� 1d 0 _4 ? i code + 4 -digit extens on) cun�' ,ocor>r�d UtCaarr� ►Ccnl�.( o C c � ��'1 Locdl PO box & zip, if applicable Sei1 j �)h• t9oy Va a, Bus' ess Phone (incl, ar cod (�, 1,2,c S) 7 � p� �/'' / ' gV Corporate Phone: - r�C If b s;n s name has ch n e in s year, f t former name. Indicate ownership status: ❑ In vidual ❑Partnership ❑ LLC orporation ❑ Non - profit Local n1a6ader (include name and home phone): o n (v'Z`r� Original opening date of business in Tukwila: 1 1-,4 A) a Ate acilleeilo n n i List owners /partners/ officers: Titld J Home Address Ci ylState /dip 6 / hone Date of h s'.��� 1`t�S� '7otLt�rl4 (JA �"�2��U �o // Chi ��l�v�ldr�'tg r: �t �• t �73 r r r� r V.10, C. it W L, ✓ h r 1i to IS YOUR Door -to -do solicitati n /ped ler? ❑ Yes Any gavilbling and /or gambling devices on premises BUSINESS: Contractor based outside City? L;d'No ❑ Yes 9No, ❑ Yes If "Yes'; show jobsite address in space below Operated from your Tukwila residence? ❑ No ' es Any am ement devices on premises? "Yes If "Yes", read information on reverse side and sign o ❑ Yes If ", number of devices: Description f business (giv details; also, lit types of prodyyc��ts s Id pr stored )� , /I )ate e S� e, F txe Cl �% Will retail sales be con cted? Size of floor space used: Number of available spaces: v r4R e,*V1'Fi b(�iid Q cYt�Ps' t�h r DYG� iQ s71 Se �z' _ ❑ Yes ETNo .» sq. ft. parking Total emplo ees at Tukwil locatio , including Number of employees i each type of employment: Office: Retail: owners and managers: Full -time: Part-time: Wholesale: ( Manufacturing: ( Warehousing: Other: Do you us tore /discharge flammable, hazardous, or biohazardous materials? []No Yes I "Yes., state type and quantity: 9L� i4FOf✓ �� Local Emergency Contacts: P one 1...T�>'/ y iZ7 rk ie, " pia° Z4f 3.1 �j I L� iC E?�i U(" `LO 2 J ( .a °�'% Is Aur business activity — or any portions of your building — diffe ent than the previous use of this building /space? ❑ No Leyes If YES, please provide description. (Use separate sheet, if necessary) l Oc! / r a heGa � t7ao Are you PRESENTLY DOING (or PLANNING TO DO) any. —> List Permit Numbers: IF Construction, remodeling, or installation of commercial storage racks? N ar'. El Yes If Presently Doing n A Installation of new signage or changes in existing signage? o E] Yes U /� If Planning To Do. Contact the City of Tukwila's Permit Center regarding permit requirements PRIOR TO STARTING. IF RENE1(VAL —► Show 2005 City of Tukwila Business License No.: NEW OR RENEWAL —*- (Read C; 1-H information on reverse side) No. of CTR "affected employees" at the site for TJ which this business license application is filed: If you are a new building owner or planning to sell a building — please note fire alarm Installation provisions on reverse side OFFICE USE Date: .-•- -- ONLY Received by: Paid: Cash_--- ------ 5701 heck No.: Receipt No.: Buiidin El Buildin ( permit aat d Planning: - CA\ck Zoning designation: Police: Fire: Date issued: ATTACHMENT D i7 2006 License No.: WA State Sales Tax # or UBI number (9 digits): 69 Q I certify the information contained herein is correct. I understand that any untrue statement is cause for revocation of my license. Signature: Print Name- Title/Office- LICENSE FEE 0 C�Wio 5 .................. $50.00 (based on number CHECK ONE ❑ 6 to 100 ........... OT of employees) ❑ 101 and above .... $200.00 AUTOMATIC , ( new building owners or those INSTALLATION • planning to sell a building in Tukwila) As required by Tukwila Municipal Code (TMC) 16.40.100: when sold, existing commercial, hotel /motel, industrial and multi - family dwellings which are not fully protected by an automatic sprinkler system shall have an Automatic Fire Alarm system installed. If not installed by the property owner, upon sale of the property it will be the responsibility of the seller to advise the buyer of this requirement. Multi- family dwellings which are sold and protected by an automatic sprinkler system shall install a fire alarm system complying with TMC 16.40.120B. INFORMATION ( "Commute Trip Reduction" Program) In 1991, Washington State passed a law (RCW 70.94.521 -551) directing city and county governments to institute programs which require their major employers (with 100 or more affected employees - including owners and managers at a single worksite) to take measures to reduce the number of single- occupancy vehicle commute trips per week per employee. "Affected employees" are those full -time employees who are scheduled to begin their regular work day between 6:00 -9:00 AM, on at least two weekdays per week, 12 months of the year. (For purposes of this law, 35 hours per week is considered full - time.) SAFETY IN OVERNIGHT LODGING (for Tukwila hotels /motels) Businesses engaged in providing overnight lodging (hotels /motels) are required to participate in the SAFETY IN OVERNIGHT LODGING PROGRAM per TMC 5.60. Copies of the governing ordinance and program description can be obtained from the Tukwilz Police Department Crime Prevention Unit. HOME OCCUPATION (business operated out of your Tukwila residence) Conditions for Issuance of Business License Pursuant to Tukwila Municipal Code Section 18.06.430 and City policy, home occupations (businesses conducted in and out of a residence or apartment) are defined and must comply with certain conditions, as follow. r3=' 18.06.430 Home occupation. ✓� "Home occupation" means an occupation or profession which is customarily 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 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 surrounding residential development; 2. No home occupation shall be conducted in any accessory building; 3. Traffic generated by such home occupations shall not create a nuisance; 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; 5. The business involves no more than one person who is not a resident of the dwelling; and 6. An off - street parking space shall be made available, for any non - resident employee. The above conditions are interpreted to mean at a minimum that. • Employees do not come to the property on a daily or weekly basis. • No more than one work car will be parked on or near the property at any one time. • Outside storage of materials will not occur. • Customers do not come to the premise (with the exception of day cares). The business operator visits customers at their location. • The interior of the premises appears primarily to be a residence. As the operator of the home -based business it is necessary foryou to sign below, thereby attesting thatyou have read the above and agree to these conditions throughout the lifetime of the business conducted at the specified address. � r lip Wit L 0 � Signature Business Name and Address. Lib pac"/ . December 30, 2005 Colleen Dunning Highland Dental Lab, Inc. 5330 S. 136`x' St. Tukwila, WA 98168 -4728 City of Tukwila Department of Community Development ATTN: Brandon Miles 6300 Southcenter Blvd, Ste 100 Tukwila, WA 98188 RE: Business License Application Dear Mr. Miles: RECEIVED JAN'-0'4 2006 COMMUNITY DEVELOPMENT This letter is in response to your letter dated December 20, 2005, requesting addition information regarding the business license application to operate a dental lab at 5319 S. 136x` Street, Tukwila. 1. Residential portion of the building will be occupied in spring 2006 by the business /property owners, Craig & Colleen Dunning. 2. Materials stored on property will be various types of plaster or stone in approximately 50 lbs containers. 3. Hot work area will contain 2 to 3 (4 gallons each) propane tanks and 2 oxygen tanks (40 cf each) and standing 2 feet tall. Reference telephone conversation on December 21, 2005 with Craig Dunning, upon review of business license application it was realized that info provided reflects the business as it currently exists, which includes retail as well as manufacturing. The retail side of the business will be eliminated. The manufacturing side will consist of one employee for manufacturing (Craig Dunning) and one employee for office /administrative (Colleen Dunning). Business is low impact on neighborhood, with the only traffic being occasional delivery of supplies and materials by commercial freight carriers. Please feel free to call Craig Dunning at 206 - 310 -0601 (cell phone) if you have any questions or need further clarification. Sincerely, Craig Dunning � 4 Of of FILECOpy �1/� 6200 Southcenter Boulevard • Tukwila Washington 98188 January 18, 2006 Steven M. Mullet, Mayo ATTACHMENT C Highlands Dental Lab, Inc. 5319S.136 th St. VIA CE Tukwila, WA 9816$ -4712 RTIFIED AJAIL 7003 2260 0006 4061 0515 Attn: Craig Dunning, .President Return Receipt Requested RE: NOTICE OF DENIAL _ 2006 Business License Dear Mr. Dunning: This letter will serve as a Notice business license has been denied of Denial that your application for 2006 T Revocation; A,2 _ under Tukwila Municipal Code 5.04.110 Denial business for which the license v,' structure equipment, operation or location of the standards of the Tukwila issued does not comply Municipal Code. P Y with the requirements or The Department of Community Development has reviewed application for your business located at 5319 S. 136th Tukwila Zonin Your business license definition of a g Code the ion use of Street h and found that the residential home does not meet the �' The property business. The reasons are as follows: y is zoned Low Density Residential ➢ The Tukwila Municipal (LDR); . zone is to provid o density fTMC) 18- 10-010 notes that the Purpose of urban infrastructure e lY residential areas together ith a of the LDR neighborhoods tore services in order to v'1� a full range and to prevent intrusions by stable residential TMC 18.06.430 defines a home occupation a « Profession which is customer Y incompatible land uses; s f °ll °ws, an occupation or not one in which the use of customarily incident to or carried on in a dwelling to the occu the Premises as a dwellin Place, and pation carried on by a member of the f g place is largely incidental dwelling place; family residing The business license application g Within the Your letter s liven December 32005 notes that currently the house, but at this time the home is ono Y no one resides in the home. hccu You have future plans of residing in In summary, P Proposed business sd °esenot meet the commercial operations are not application for a 2006 business license is den n of home ocrnultted in the LDR pation. Consequently, The ied. Your Highland Dental Lab, Inc. January 18, 2006 Page 2 You are hereby advised that it is illegal to conduct business in the City of Tukwila without a current business license. You may appeal this Notice of Denial to the Hearing Officer, provided that the appeal is made in writing and filed with the City Clerk within ten (10) days from the date of receipt of the Notice of Denial. The appeal must specify the particular reason(s) upon which the appeal is based. Failure to appeal within this time period shall constitute a waiver of all rights to any additional administrative hearing or determination on the matter (Tukwila Municipal Code 5.04.110(B)). Sincerely, 6le E. Cantu, CMC City Clerk C: B. Miles, DCD S. Kerslake, City Attorney K. Stetson, Code Enforcement Officer January 25, 2006 Craig Dunning Highland Dental Lab, Inc. 5319 S. 136th St. Tukwila, WA 98168 -4728 City of Tukwila Department of Community Development ATTN: Hearing Officer 6300 Southcenter Blvd, Ste 100 Tukwila, WA 98188 RE: NOTICE OF DENIAL — 2006 Business License Dear Sir: JAN 2 5 2006 CITY OF TUKWILA CITY CLERK This letter is in response to your letter dated January 18, 2006, subject as above. This letter serves as an Appeal to the Notice of Denial based on the fact that the home in currently unoccupied, thereby not meeting the Code requirements for a home based business. In accordance with Tukwila Municipal Code (TMC) 18.10.010, the business owners/operators are currently in the process of occupying the residence that will serve as the business location for Highland Dental Lab, Inc., located at 5319 S. 136th Street, Tukwila. Full occupancy, of the residence in question, (by the business operators) will be complete on February 1, 2006. Respectfully request reconsideration for issuance of a license to operate a home based business in the City of Tukwila Please feel free to call Craig Dunning at 206 -431 -3353 if you have any questions or need further clarification. Respectfully yours, Craig Dunning President Attachment D City of Tukwila 6200 Southcenter Boulevard e Tukwila, Washington 98188 Steven M. Mullet, Mayor March 29, 2006 Craig Dunning, President VIA CERTIFIED MAIL Highland Dental Lab, Inc. 7000 1670 0011 7871 1827 5319 S. 136th St. Return Receipt Requested Tukwila, WA 98168 -4728 Re: Letter of Appeal - Denial of 2006 Business License Dear Mr. Dunning Your letter appealing the denial of a 2006 Tukwila business license was received on January 25, 2006. As noted in the Notice of Denial letter dated January 18, your property is zoned Low Density Residential (LDR). The proposed business license is for a manufacturing business mixed with a residence. The result is a mixed occupancy building or light commercial /residential building, which shall be required to meet code for fire separations of separated uses. (IBC Section 302). The building shall meet required codes for storing liquefied petroleum gases and oxygen. The manufacturing area shall also be required to meet certain code requirements for ventilation and exhaust during operation. A building permit complete with plans shall be required. In conclusion, the building becomes a light commercial establishment, which is not allowed in LDR. The Hearing Examiner will consider your appeal on Thursday, April 20, at 9:00 a.m. The hearing will take place in Conference Room #2 which is located in the building next door to Tukwila City Hall at 6300 Southcenter Boulevard, Tukwila, 98188. Conference Room #2 is on the first floor. You are entitled to appear in person, and to be represented by counsel, and to offer such evidence as may be pertinent and material to the Notice of Denial. If you are unable to be present at the hearing, please notify me as soon as possible prior to the date of the hearing. ATTACHMENT E Phone: 206 - 433 -1800 • City Hall Fax: 206 - 433 -1833 • www.ci.tukwila.u1a.us Craig Dunning March 28, 2006 Page 2 If you have questions regarding the appeal procedures, you may contact me at 206-433-1800. Sincerely, ane E. Cantu, CIVIC lily Clerk Attachment: IBC 302 C: S. Kerslake, City Attorney Sue Tanner, Hearing Examiner K. Stetson, Code Enforcement Officer CHAPTER 3 USE AND OCCUPANCY CLASSIFICATION SECTION 301 GENERAL 301.1 Scope. The provisions of this chapter shall control the classification of all buildings and structures as to use and occu- pancy. SECTION 302 CLASSIFICATION 302.1 General. Structures or portions of structures shall be classified with respect to occupancy in one or more of the groups listed below. Structures with multiple uses shall be clas- sified according to Section 302.3. Where a structure is pro- posed for a purpose which is not specifically provided for in this code, such structure shall be classified in the group which the occupancy most nearly resembles, according to the fire safety and relative hazard involved. 1. Assembly (see Section 303): Groups A -1, A -2, A -3, A-4 and A -5 2. Business (see Section 304): Group B 3. Educational (see Section 305): Group E 4. Factory and Industrial (see Section 306): Groups F -1 and F -2 5. High Hazard (see Section 307): Groups H -1, H -2, H -3, H -4 and H -5 6. Institutional (see Section 308): Groups I -1, I -2, I -3 and I -4 7. Mercantile (see Section 309): Group M 8. Residential (see Section 310): Groups R -1, R -2, R -3 as applicable in Section 101.2, and R-4 9. Storage (see Section 311): Groups S -1 and S -2 10. Utility and Miscellaneous (see Section 312): Group U 302.1.1 Incidental use areas. Spaces which are incidental to the main occupancy shall be separated or protected, or both, in accordance with Table 302. 1.1 or the building shall be classified as a mixed occupancy and comply with Section 302.3. Areas that are incidental to the main occupancy shall be classified in accordance with the main occupancy of the portion of the building in which the incidental use area is lo- cated. Exception: Incidental use areas within and serving a dwelling unit are not required to comply with this sec- tion. 302.1.1.1 Separation. Where Table 302.1.1 requires a fire- resistance -rated separation, the incidental use area shall be separated from the remainder of the building with a fire barrier. Where Table 302. 1.1 permits an auto- matic fare- extinguishing system without afire barrier, the incidental use area shall be separated by construction ca- pable of resisting the passage of smoke. The partitions shall extend from the floor to the underside of the fire- resistance -rated floor /ceiling assembly orfire- resis- tance -rated roof /ceiling assembly or to the underside of the floor or roof deck above. Doors shall be self - closing or automatic - closing upon detection of smoke. Doors shall not have air transfer openings and shall not be un- dercut in excess of the clearance permitted in accordance with NFPA 80. TABLE 302.1.1 INCIDENTAL USE AREAS ROOM OR AREA SEPARATION° Furnace room where any piece of equipment is over 400,000 Btu per 1 hour or provide automatic hour input fire- extinguishing system Rooms with any boiler over 15 psi 1 hour or provide automatic and 10 horsepower fire- extinguishing system Refrigerant machinery rooms 1 hour or provide automatic sprinkler system Parking garage (Section 406.2) 2 hours; or 1 hour and provide automatic fire- extinguishing system 1 -hour fire barriers and floor /ceiling assemblies in Group B, F H, M, S Hydrogen cut -off rooms and U occupancies. 2 -hour fire barriers and floor /ceiling assemblies in Group A, E,1 and R occupancies. Incinerator rooms 2 hours and automatic sprinkler system Paint shops, not classified as Group H, located in occupancies other than 2 hours; or 1 hour and provide Group F automatic fire- extinguishing system Laboratories and vocational shops, not classified as Group H, located in I hour or provide automatic Group E or 1 -2 occupancies fire- extinguishing system Laundry rooms over 100 square feet 1 hour or provide automatic fire- extinguishing system Storage rooms pver 100 square feet 1 hour or provide automatic fire- extinguishing system Group I -3 cells equipped with padded 1 hour surfaces Group 1 -2 waste and linen collection 1 hour rooms Waste and linen collection rooms 1 hour or provide automatic over 100 square feet fire- extinguishing system Stationary lead -acid battery systems 1 -hour fire barriers and floor /ceiling having a liquid capacity of more than assemblies in Group B, F, H, M, S 100 gallons used for facility standby and U occupancies. 2 -hour fire power, emergency power or barriers and floor /ceiling assemblies uninterrupted power supplies in Group A, E, I and R occupancies For SI: 1 square foot = 0.0929 mZ, I pound per square inch = 6.9 kPa, I British thermal unit per hour = 0.293 watts, 1 horsepower = 746 watts, I gallon = 3.785 L. a. Where an automatic fire- extinguishing system is provided, it need only be provided in the incidental use room or area. 2003 INTERNATIONAL BUILDING CODES 23 USE AND OCCUPANCY CLASSIFICATION 302.2 Accessory use areas. A fire barrier shall be required to separate accessory use areas classified as Group H in accor- dance with Section 302.3.2, and incidental use areas in accor- dance with Section 302.1.1. Any other accessory use area shall not be required to be separated by a fire barrier provided the ac- cessory use area occupies an area not more than 10 percent of the area of the story in which it is located and does not exceed the tabular values in Table 503 for the allowable height or area for such use. 302.2.1 Assembly areas. Accessory assembly areas are not considered separate occupancies if the floor area is equal to or less than 750 square feet (69.7 m2). Assembly areas that are accessory to Group E are not considered separate occu- pancies. Accessory religious educational rooms and reli- gious auditoriums with occupant loads of less than 100 are not considered separate occupancies. 302.3 Mixed occupancies. Where a building is occupied by two or more uses not included in the same occupancy classifi- cation, the building or portion thereof shall comply with Sec- tion 302.3.1 or 302.3.2 or a combination of these sections. Exceptions: 1. Occupancies separated in accordance with Section 508. 2. Areas of Group H -2, H -3, H -4 or H -5 occupancies shall be separated from any other occupancy in accor- dance with Section 302.3.2. 3. Where required by Table 415.3.2, areas of Group H -1, H -2 or H -3 occupancy shall be located in a separate and detached building or structure. 4. Accessory use areas in accordance with Section 302.2. 5. Incidental use areas in accordance with Section 302.1.1. 302.3.1 Nonseparated uses. Each portion of the building shall be individually classified as to use. The required type of construction for the building shall be determined by ap- plying the height and area limitations for each of the appli- cable occupancies to the entire building. The most restrictive type of construction, so determined, shall apply to the entire building. All other code requirements shall ap- ply to each portion of the building based on the use of that space except that the most restrictive applicable provisions of Section 403 and Chapter 9 shall apply to these nonseparated uses. Fire separations are not required be- tween uses, except as required by other provisions. 302.3.2 Separated uses. Each portion of the building shall be individually classified as to use and shall be completely separated from adjacent areas by fire barrier walls or hori- zontal assemblies or both having a fire - resistance rating de- termined in accordance with Table 302.3.2 for uses being separated. Each fire area shall comply with this code based on the use of that space. Each fire area shall comply with the height limitations based on the use of that space and the type of construction classification. In each story, the building area shall be such that the sum of the ratios of the floor area of each use divided by the allowable area for each use shall not exceed one. Exception: Except for Group H and I -2 areas, where the building is equipped throughout with an automatic sprin- kler system, installed in accordance with Section 903.3.1.1, the fire - resistance ratings in Table 302.3.2 shall be reduced by 1 hour but to not less than 1 hour and to not less than that required for floor construction ac- cording to the type of construction. 302.4 Spaces used for different purposes. A room or space that is intended to be occupied at different times for different purposes shall comply with all the requirements that are appli- cable to each of the purposes for which the room or space will be occupied. SECTION 303 ASSEMBLY GROUP A 303.1 Assembly Group A. Assembly Group A occupancy in- cludes, among others, the use of a building or structure, or a portion thereof, for the gathering together of persons for pur- poses such as civic, social or religious functions, recreation, food or drink consumption or awaiting transportation. A room or space used for assembly purposes by less than 50 persons and accessory to another occupancy shall be included as a part of that occupancy. Assembly areas with less than 750 square feet (69.7 mz) and which are accessory to another occupancy according to Section 302.2.1 are not assembly occupancies. Assembly occupancies which are accessory to Group E in ac- cordance with Section 302.2 are not considered assembly occu- pancies. Religious educational rooms and religious auditoriums which are accessory to churches in accordance with Section 302.2 and which have occupant loads of less than 100 shall be classified as A -3. Assembly occupancies shall include the following: A -1 Assembly uses, usually with fixed seating, intended for the production, and viewing of the performing arts or motion pictures including, but not limited to: Motion picture theaters Symphony and concert halls Television and radio studios admitting an audience Theaters A -2 Assembly uses intended for food and/or drink con- sumption including, but not limited to: Banquet halls Night clubs Restaurants Taverns and bars A -3 Assembly uses intended for worship, recreation or amusement and other assembly uses not classified else- where in Group A including, but not limited to: Amusement arcades « Art galleries Bowling alleys Churches Community halls Courtrooms Dance halls (not including food or drink consump- tion) Exhibition halls BEFORE THE HEARING EXAMINER CITY OF TUKWILA In the Matter of the Appeal of CRAIG DUNNING from denial of a business license application by the Department of Community Development File: L06 -025 SECOND ORDER OF CONTINUANCE Craig Dunning, the appellant, and Brandon Miles, on behalf of the Department of Community Development, have requested a continuance of the appeal hearing scheduled in this matter for 9:00 a.m. on May 4, 2006, in order to complete resolution of the issues surrounding the business license application that is the subject of the appeal. For good cause shown, the request for continuance is GRANTED, and the hearing is continued to May 18, 2006, beginning at 9:00 a.m., in Conference Room #2, 6300 Southcenter Boulevard, in Tukwila. Entered this 3rd day of May, 2006. Sue A. Tanner Hearing Examiner City of Tukwila BEFORE THE HEARING EXAMINER CITY OF SEATTLE CERTIFICATE OF SERVICE BY MAIL I, Alvia N. Williams, certify that on the 3rd day of May, 2006 I deposited in the mail of the United States (with postage prepaid) and in the City's Mail /Messenger Service (used for City personnel only) a sealed envelope containing the attached SECOND ORDER OF CONTINUANCE addressed to each person listed on the back of this affidavit or on the attached mailing list, in the matter of CRAIG DUNNING. Hearing Examiner file number: L06 -025. I further certify under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct and that this certificate of service was executed this 3rd day of May, 2006, at Seattle, Washington. ame: Alvia N. Williams Title: Paralegal MAILING LIST FOR: 1,06 -02 CRAIG DUNNING HIGHLAND DENTAL LAB, INC. 5319S.136 TH STREET TUKWILA WA 98168 -4728 BRANDON J. MILES CITY OF TUKWILA 6300 SOUTHCENTER BLVD. SUITE #100 TUKWILA WA 98188 JANE CANTU, CMC CITY CLERK 6200 SOUTHCENTER BLVD. TUKWILA WA 98188 NI M. R R A 1 I ATTORNEY L W PAR -04- AT�DA G - ALTON 1 BEFORE THE HEARING EXAMINER CITY OF TUKWILA In the Matter of the Appeal of CRAIG DUNNING from denial of a business license application by the Department of Community Development File: L06 -025 ORDER OF CONTINUANCE Craig Dunning, the appellant, and Brandon Miles, on behalf of the Department of Community Development, have requested a continuance of the appeal hearing scheduled in this matter for 9:00 a.m. on April 20, 2006. The parties are pursuing resolution of the issues surrounding the business license application that is the subject of the hearing. For good cause shown, the request for continuance is GRANTED, and the hearing is continued to May 4, 2006, beginning at 9:00 a.m., in Conference Room #2, 6300 Southcenter Boulevard, in Tukwila. Entered this 19th day of April, 2006. Sue A. Tanner Hearing Examiner City of Tukwila BEFORE THE HEARING EXAMINER CITY OF SEATTLE CERTIFICATE OF SERVICE BY MAIL I, Alvia N. Williams, certify that on the 191h day of APRIL, 2006 I deposited in the mail of the United States (with postage prepaid) and in the City's Mail /Messenger Service (used for City personnel only) a sealed envelope containing the attached ORDER OF CONTINUANCE addressed to each person listed on the back of this affidavit or on the attached mailing list, in the matter of CRAIG DUNNING. Hearing Examiner file number: L06 -025. I further certify under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct and that this certificate of service was executed this 19th day of APRIL, 2006, at Seattle, Washington. L— Name: Alvia N. Williams Title: Paralegal Mailing List for File No. LFr '25 BRANDON J. MILES CITY OF TUKWILA 6300 SOUTHCENTER BLVD, SUITE # 1 OO TUKWILA WA 98188 CRAIG DUNNING HIGHLAND DENTAL LAB, INC. 5319 S. 136TH STREET TUKWILA WA 98168 -4728 Suet n Re Hi hland Dental Lab Page. From: Sue Tanner To: Miles, Brandon Date: 4/19/2006 12:32:54 PM Subject: Re: Highland Dental Lab Okay, we'll get it in the mail to you and Mr. Dunning. Sue >>> "Brandon Miles" <bmiles @ci.tukwila.wa.us> 4/19/2006 12:29:11 PM >>> Peter may attend if needed. You can just send everything to me. Mail will suffice. I have promosied the appellants a phone call once a new date is established. I don't have any fax numbers for them. Thanks, Brandon J. Miles Assistant Planner Department of Community Development City of Tukwila tel (206) 431 -3684 fax (206) 431 -3665 bmiles ci.tukwila.wa.us >>> "Sue Tanner" <Sue.TanneraSeattle.Gov> 04/19/06 12:23PM >>> Okay. Will mail be sufficient, or do we need to fax as well, since the hearing is scheduled for tomorrow? (If so, please supply fax numbers.) Also, I noticed that you cc'd Peter Beckwith on your first email. Is he representing the Department? If so, we'll send him a copy of the continuance too. Thanks. Sue >>> "Brandon Miles" <bmiles(&ci.tukwila.wa.us> 4/19/2006 12:01:04 PM No. That's it. Thanks, Brandon J. Miles Assistant Planner Department of Community Development City of Tukwila tel (206) 431 -3684 fax (206) 431 -3665 bmiles ci.tukwila.wa.us >>> "Sue Tanner" <Sue. Tan ner(a- Seattle.Gov> 04/19/06 11:58AM >>> We have only the property address. Is there a different address we need to use? Sue >>> "Brandon Miles" <bmiles a.ci.tukwila.wa.us> 4/19/2006 11:19:30 AM 9am works. An order of continuance would be great. Do you have the address for the appellant? Thanks, 'Sue Tanner Re Highland Dental Lab Page2 Brandon J. Miles Assistant Planner Department of Community Development City of Tukwila tel (206) 431 -3684 fax (206) 431 -3665 bmilesa- ci.tukwila.wa.us >>> "Sue Tanner" <Sue. Tannera-Seattle. Gov> 04/19/06 11:14AM >>> I have hearings in Kirkland later in the day on May 4, but could do a hearing first thing in the morning - 8:30 or 9:00 a.m. Let me know if that would work, and if you would like me to prepare an order of continuance to be sent out so that the City does not have to re- notice the hearing. Thanks. Sue >>> "Brandon Miles" <bmilesaci.tukwila.wa.us> 4/19/2006 10:48:11 AM Ms. Tanner, The City is working with the appellant to resolve some of the issues that will allow the business license application to be issued. I met with the appellants today and they have agreed to postpone the hearing. Can we reschedule for anytime on May 4? Thanks, Brandon J. Miles Assistant Planner Department of Community Development City of Tukwila tel (206) 431 -3684 fax (206) 431 -3665 bmiles .ci.tukwila.wa.us City of Tukwila 6200 Southcenter Boulevard Tukwila, Washington 9,8188 Steven M. Mullet, Mayor March 29, 2006 Craig Dunning, President VIA CERTIFIED MAIL Highland Dental Lab, Inc. 7000 1670 0011 7871 1827 5319 S. 136t' St. Return Receipt Requested Tukwila, WA 98168-4728 Re: Letter of Appeal - Denial of 2006 Business License Dear Mr. Dunning ! - i­ -', Your letter appealing the denial of a 2006 Tukwila business license was received!' on January 25, 2006. As noted in the Notice of Denial letter dated January 18, your property is zoned Low Density Residential (LDR). The proposed business license is for a manufacturing business mixed with a residence. The result is a mixed occupancy building or light commercial/residential building, which shall be required to meet code for fire separations of separated uses. (IBC Section 302). The building shall meet required codes for storing liquefied petroleum gases and oxygen. The manufacturing area shall also be required to meet certain code requirements for ventilation and exhaust during operation. A building permit complete with plans shall be required. In conclusion, the building becomes a light commercial establishment, which is not allowed in LDR. The Hearing Examiner will consider your appeal on Thursday, April 20, at 9:00 a.m. The hearing will take place in Conference Room #2 which is located in the building next door to Tukwila City Hall at 6300 Southcenter Boulevard, Tukwila, 98188. Conference Room #2 is on the first floor. You are entitled to appear in person, and to be represented by counsel, and to offer such evidence as may be pertinent and material to the Notice of Denial. If you are unable to be present at the hearing, please notify me as soon as possible prior to the date of the hearing. Craig Dunning March 28, 2006 Page 2 If you have questions regarding the appeal procedures, you may contact me at 206-433-1800. Sincerely, � Jahe E. Cantu, CIVIC City Clerk Attachment: IBC 302 C: S. Kerslake, City Attorney Sue Tanner, Hearing Examiner V/ K. Stetson, Code Enforcement Officer CHAPTER 3 USE AND OCCUPANCY CLASSIFICATION SECTION 301 GENERAL 301.1 Scope. The provisions of this chapter shall control the classification of all buildings and structures as to use and occu- pancy. SECTION 302 CLASSIFICATION 302.1 General. Structures or portions of structures shall be classified with respect to occupancy in one or more of the groups listed below. Structures with multiple uses shall be clas- sified according to Section 302.3. Where a structure is pro- posed for a purpose which is not specifically provided for in this code, such structure shall be classified in the group which the occupancy most nearly resembles, according to the fire safety and relative hazard involved. 1. Assembly (see Section 303): Groups A -1, A -2, A -3, A -4 and A -5 2. Business (see Section 304): Group B 3. Educational (see Section 305): Group E 4. Factory and Industrial (see Section 306): Groups F -1 and F -2 5. High Hazard (see Section 307): Groups H -1, H -2, H -3, H -4 and H -5 6. Institutional (see Section 308): Groups I- 1,1 -2, I -3 and I -4 7. Mercantile (see Section 309): Group M 8. Residential (see Section 310): Groups R -1, R -2, R -3 as applicable in Section 101.2, and R -4 9. Storage (see Section 311): Groups S -I and S -2 10. Utility and Miscellaneous (see Section 312): Group U 302.1.1 Incidental use areas. Spaces which are incidental to the main occupancy shall be separated or protected, or both, in accordance with Table 302. 1.1 or the building shall be classified as a mixed occupancy and comply with Section 302.3. Areas that are incidental to the main occupancy shall be classified in accordance with the main occupancy of the portion of the building in which the incidental use area is lo- cated. Exception: Incidental use areas within and serving a dwelling unit are not required to comply with this sec- tion. 302.1.1.1 Separation. Where Table 302.1.1 requires a fire - resistance -rated separation, the incidental use area shall be separated from the remainder of the building with a fire barrier. Where Table 302. 1.1 permits an auto- matic fire- extinguishing system without a fire barrier, the incidental use area shall be separated by construction ca- pable of resisting the passage of smoke. The partitions shall extend from the floor to the underside of the fire- resistance -rated floor /ceiling assembly or fire- resis- tance -rated roof /ceiling assembly or to the underside of the floor or roof deck above. Doors shall be self - closing or automatic - closing upon detection of smoke. Doors shall not have air transfer openings and shall not be un- dercut in excess of the clearance permitted in accordance with NFPA 80. TABLE 302.1.1 INCIDENTAL USE AREAS ROOM OR AREA SEPARATIONe Furnace room where any piece of equipment is over 400,000 Btu per 1 hour or provide automatic hour input fire- extinguishing system Rooms with any boiler over 15 psi 1 hour or provide automatic and 10 horsepower fire- extinguishing system Refrigerant machinery rooms I hour or provide automatic sprinkler system Parking garage (Section 406.2) 2 hours; or 1 hour and provide automatic fire- extinguishing system 1 -hour fire barriers and floor /ceiling assemblies in Group B, F H, M, S Hydrogen cut -off rooms and U occupancies. 2 -hour fire barriers and floor /ceiling assemblies in Group A, E, I and R occupancies. Incinerator rooms 2 hours and automatic sprinkler system Paint shops, not classified as Group H, located in occupancies other than 2 hours; or 1 hour and provide Group F automatic fire- extinguishing system Laboratories and vocational shops, not classified as Group H, located in I hour or provide automatic Group E or I -2 occupancies fire- extinguishing system Laundry rooms over 100 square feet 1 hour or provide automatic fire- extinguishing system Storage rooms over 100 square feet 1 hour or provide automatic fire - extinguishing system Group I -3 cells equipped with padded 1 hour surfaces Group I -2 waste and linen collection 1 hour rooms Waste and linen collection rooms 1 hour or provide automatic over 100 square feet fire- extinguishing system Stationary lead -acid battery systems I -hour fire barriers and floor /ceiling having a liquid capacity of more than assemblies in Group B, F, H, M, S 100 gallons used for facility standby and U occupancies. 2 -hour fire power, emergency power or barriers and floor /ceiling assemblies uninterrupted power supplies in Group A, E, I and R occupancies For SI: t square foot = 0.0929 mZ, 1 pound per square inch = 6.9 kPa, 1 British thermal unit per hour = 0.293 watts, I horsepower = 746 watts, I gallon = 3.785 L. a. Where an automatic fire- extinguishing system is provided, it need only be provided in the incidental use room or area. USE AND OCCUPANCY CLASSIFICATION 302.2 Accessory use areas. A fire barrier shall be required to separate accessory use areas classified as Group H in accor- dance with Section 302.3.2, and incidental use areas in accor- dance with Section 302.1.1. Any other accessory use area shall not be required to be separated by a fire barrier provided the ac- cessory use area occupies an area not more than 10 percent of the area of the story in which it is located and does not exceed the tabular values in Table 503 for the allowable height or area for such use. 302.2.1 Assembly areas. Accessory assembly areas are not considered separate occupancies if the floor area is equal to or less than 750 square feet (69.7 m2). Assembly areas that are accessory to Group E are not considered separate occu- pancies. Accessory religious educational rooms and reli- gious auditoriums with occupant loads of less than 100 are not considered separate occupancies. 302.3 Mixed occupancies. Where a building is occupied by two or more uses not included in the same occupancy classifi- cation, the building or portion thereof shall comply with Sec- tion 302.3.1 or 302.3.2 or a combination of these sections. Exceptions: 1. Occupancies separated in accordance with Section 508. 2. Areas of Group H -2, H -3, H -4 or H -5 occupancies shall be separated from any other occupancy in accor- dance with Section 302.3.2. 3. Where required by Table 415.3.2, areas of Group H -1, H -2 or H -3 occupancy shall be located in a separate and detached building or structure. 4. Accessory use areas in accordance with Section 302.2. 5. Incidental use areas in accordance with Section 302.1.1. 302.3.1 Nonseparated uses. Each portion of the building shall be individually classified as to use. The required type of construction for the building shall be determined by ap- plying the height and area limitations for each of the appli- cable occupancies to the entire building. The most restrictive type of construction, so determined, shall apply to the entire building. All other code requirements shall ap- ply to each portion of the building based on the use of that space except that the most restrictive applicable provisions of Section 403 and Chapter 9 shall apply to these nonseparated uses. Fire separations are not required be- tween uses, except as required by other provisions. 302.3.2 Separated uses. Each portion of the building shall be individually classified as to use and shall be completely separated from adjacent areas by fire barrier walls or hori- zontal assemblies or both having a fire- resistance rating de- termined in accordance with Table 302.3.2 for uses being separated. Each fire area shall comply with this code based on the use of that space. Each fire area shall comply with the height limitations based on the use of that space and the type of construction classification. In each story, the building area shall be such that the sum of the ratios of the floor area of each use divided by the allowable area for each use shall ....t av marl nn Exception: Except for Group H and I -2 areas, where the building is equipped throughout with an automatic sprin- kler system, installed in accordance with Section 903.3.1.1, the fire - resistance ratings in Table 302.3.2 shall be reduced by 1 hour but to not less than 1 hour and to not less than that required for floor construction ac- cording to the type of construction. 302.4 Spaces used for different purposes. A room or space that is intended to be occupied at different times for different purposes shall comply with all the requirements that are appli- cable to each of the purposes for which the room or space will be occupied. SECTION 303 ASSEMBLY GROUP A 303.1 Assembly Group A. Assembly Group A occupancy in- cludes, among others, the use of a building or structure, or a portion thereof, for the gathering together of persons for pur- poses such as civic, social or religious functions, recreation, food or drink consumption or awaiting transportation. A room or space used for assembly purposes by less than 50 persons and accessory to another occupancy shall be included as a part of that occupancy. Assembly areas with less than 750 square feet (69.7 m2) and which are accessory to another occupancy according to Section 302.2.1 are not assembly occupancies. Assembly occupancies which are accessory to Group E in ac- cordance with Section 302.2 are not considered assembly occu- pancies. Religious educational rooms and religious auditoriums which are accessory to churches in accordance with Section 302.2 and which have occupant loads of less than 100 shall be classified as A -3. Assembly occupancies shall include the following: A -1 Assembly uses, usually with fixed seating, intended for the production and viewing of the performing arts or motion pictures including, but not limited to: Motion picture theaters Symphony and concert halls Television and radio studios admitting an audience Theaters A -2 Assembly uses intended for food and/or drink con- sumption including, but not limited to: Banquet halls Night clubs Restaurants Taverns and bars A -3 Assembly uses intended for worship, recreation or amusement and other assembly uses not classified else- where in Group A including, but not limited to: Amusement arcades «, Art galleries Bowling alleys Churches Community halls Courtrooms Dance halls (not including food or drink consump- tion) Exhibition halls r- ru CO a C3 Restricted Delivery Fee Q (Endorsement Required) E3Total Postage & Fees aSent To / r! O Street, Apt. No.; or! O Box N . ` o j�3 t `1 S. 1 -3 5 . C3 ------ --- - - ---- ----- --- --- ------ ---- ------------------ City, State, ZIP +4 :01 Got q Postage $ CO Certified Fee Postmark Return Receipt Fee Required) // a 1 O� Here (Endorsement l C3 Restricted Delivery Fee Q (Endorsement Required) E3Total Postage & Fees aSent To / r! O Street, Apt. No.; or! O Box N . ` o j�3 t `1 S. 1 -3 5 . C3 ------ --- - - ---- ----- --- --- ------ ---- ------------------ City, State, ZIP +4 :01 Got q R� January 25, 2006 1Ie CITY OF TUKWILA CITY CLERK Craig Dunning Highland Dental Lab, Inc. 5319 S. 136' St. Tukwila, WA 98168 -4728 City of Tukwila Department of Community Development ATTN: Hearing Officer 6300 Southcenter Blvd, Ste 100 Tukwila, WA 98188 RE: NOTICE OF DENIAL — 2006 Business License Dear Sir: This letter is in response to your letter dated January 18, 2006, subject as above. This letter serves as an Appeal to the Notice of Denial based on the fact that the home in currently unoccupied, thereby not meeting the Code requirements for a home based business. In accordance with Tukwila Municipal Code (TMC) 18.10.010, the business owners /operators are currently in the process of occupying the residence that will serve as the business location for Highland Dental Lab, Inc., located at 5319 S. 136th Street, Tukwila. Full occupancy, of the residence in question, (by the business operators) will be complete on February 1, 2006. Respectfully request reconsideration for issuance of a license to operate a home based business in the City of Tukwila Please feel free to call Craig Dunning at 206 -431 -3353 if you have any questions or need further clarification. Respectfully yours, 1< Craig Dunning President FILE Q 6200 Southcenter Boulevard a Tukwila, Washington 98188 Steven M. Mullet, Mayor �, 7908 January 18, 2006 Highlands Dental Lab, Inc. 5319 S. 136th St. Tukwila, WA 98168 -4712 Attn: Craig Dunning, President VIA CERTIFIED MAIL 7003 2260 0006 40610515 Return Receipt Requested RE: NOTICE OF DENIAL — 2006 Business License Dear Mr. Dunning: This letter will serve as a Notice of Denial that your application for a 2006 Tukwila business license has been denied under Tukwila Municipal Code 5.04.110 Denial - Revocation; A.2. — The building, structure, equipment, operation or location of the business for which the license was issued does not comply with the requirements or standards of the Tukwila Municipal Code. The Department of Community Development has reviewed your business license application for your business located at 5319 S. 136th Street and found that, per the Tukwila Zoning Code, the proposed use of the residential home does not meet the definition of a home occupation business. The reasons are as follows: ➢ The property is zoned Low Density Residential (LDR); ➢ The Tukwila Municipal Code (TMC) 18. 10.010 notes that the purpose of the LDR zone is to provide low density family residential areas together with a full range of urban infrastructure services in order to maintain stable residential neighborhoods, and to prevent intrusions by incompatible land uses; ➢ TMC 18.06.430 defines a home occupation as follows, "an occupation or profession which is customarily 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 by a member of the family residing within the dwelling place; ➢ The business license application notes that currently no one resides in the home. Your letter of December 30, 2005 notes that you have future plans of residing in the house, but at this time the home is unoccupied. In summary, standalone commercial operations are not permitted in the LDR zone. The proposed business does not meet the definition of home occupation. Consequently, your application for a 2006 business license is denied. L' Highland Dental Lab, Inc. January 18, 2006 Page 2 You are hereby advised that it is illegal to conduct business in the City of Tukwila without a current business license. You may appeal this Notice of Denial to the Hearing Officer, provided that the appeal is made in writing and filed with the City Clerk within ten (10) days from the date of receipt of the Notice of Denial. The appeal must specify the particular reason(s) upon which the appeal is based. Failure to appeal within this time period shall constitute a waiver of all rights to any additional administrative hearing or determination on the matter (Tukwila Municipal Code 5.04.110(B)). Sincerely, /! ae E. Cantu, CMC City Clerk C: B. Miles, DCD S. Kerslake, City Attorney K. Stetson, Code Enforcement Officer ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: cts, I � A. S�gna ❑ Agent X ❑ Addres B. Received by (Printed. K."". C. Date of D —elii% Onni D. Is delivery address diffe Ae 1 . a e1' s If YES, enter delivery address below: 0 No 3. Service Type XCertified Mail 0 Express Mail 0 Registered 0 Return. Receipt for Mercharn 0 Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 2. Article Number 7003 2260 0006 4160 0089 (IPansfer from service label) PS Form 3811, August 2001 Domestic Return Receipt 102595 -02 -M 0 0 • k M •mac �{ IZI_ _ ` ......�.. ....,,._. Postage _ Certitiad Fee Fs stm,ar s. Return Redept Fee i-wfe E3 (Endursement Required) c3 Restricted Oelivery Fee j (Endorsomont Required) fl_l f1J Total Postage & tr=ees rn Senk is �Y"1 `���\ - b "_['� ___^ \'-� i_ j'_r.'�. � __r-u:.---_-----~.��,�G_�.l [� Street P. r or PO Sox No. .J ` cay, stare zi .P :.a_; r Building Division Memo Date: January 12, 2006 Project Name: Highland Dental Lab 1 Per planning, the property is zoned Low Density Residential (LDR). The proposed business license is for a manufacturing business mixed with a residence. The result is a mixed occupancy building or light commercial / residential building, which shall be required to meet code for fire separations of separated uses. (IBC Section 302) The building shall meet required codes for storing liquefied petroleum gases and oxygen. The manufacturing area shall also be required to meet certain code requirements for ventilation and exhaust during operation. A building permit complete with plans shall be required. 2 To sum it up the building becomes a light commercial establishment, which is not allowed in LDR. Therefore the business license is denied. Should there be questions concerning the above requirements, contact the Building Division at 206 -431- 3670. No further comments at this time. • Page 1 TO: FROM: CC. RE: DATE: City of Tukwila Department of Community Development City of Tukwila Memorandum Jane Cantu, City Clerk Brandon J. Miles, Assistant Planner _ Nora Gierloff, Planning Supervisor Code Enforcement Highland Dental Lab, Inc Business License Application January 10, 2006 Steven M. Mullet, Mayor Steve Lancaster, Director The Department of Community Development (DCD) has reviewed the above business license application. DCD is recommending that the application be denied. The reason for the denial is based on the following facts: 1. The property where the business is proposed to be located is at 5319 S. 136`" Street, Tukwila, Washington 98168. The property is zoned Low Density Residential (LDR). 2. Tukwila Municipal Code (TMC) 18. 10.010 notes that the purpose of the LDR zone is to provide low density family residential areas together with a full range of urban infrastructure services in order to maintain stable residential neighborhoods, and to prevent intrusions by incompatible land uses. 3. TMC 18.10 does not allow commercial operations within the LDR zone, unless they can meet the definition of being a home occupation. 4. TMC 18.06.430 defines a home occupation as follows, "Means an occupation or profession which is customarily 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 by a member of the family residing within the dwelling place. 5. The business license application notes that currently no one is residing in the home. Additionally, a letter dated December 30, 2005 notes that the property owner only have future plans of residing in the house, but currently they are not living in the home. Standalone commercial operations are not permitted in the LDR zone. The proposed business does not meet the definition of home occupation and thus the business license cannot be approved. December 30, 2005 Colleen Dunning Highland Dental Lab, Inc. 5330 S. 136'x' St. Tukwila, WA 98168 -4728 City of Tukwila Department of Community Development ATTN: Brandon Miles 6300 Southcenter Blvd, Ste 100 Tukwila, WA 98188 RE: Business License Application Dear Mr. Miles: RECEIVED JAN • 0 4 2006 COMMUNITY DEVELOPMENT This letter is in response to your letter dated December 20, 2005, requesting addition information regarding the business license application to operate a dental lab at 5319 S. 136` Street, Tukwila. 1. Residential portion of the building will be occupied in spring 2006 by the business /property owners, Craig & Colleen Dunning. 2. Materials stored on property will be various types of plaster or stone in approximately 501bs containers. 3. Hot work area will contain 2 to 3 (4 gallons each) propane tanks and 2 oxygen tanks (40 cf each) and standing 2 feet tall. Reference telephone conversation on December 21, 2005 with Craig Dunning, upon review of business license application it was realized that info provided reflects the business as it currently exists, which includes retail as well as manufacturing. The retail side of the business will be eliminated. The manufacturing side will consist of one employee for manufacturing (Craig Dunning) and one employee for office /administrative (Colleen Dunning). Business is low impact on neighborhood, with the only traffic being occasional delivery of supplies and materials by commercial freight carriers. Please feel free to call Craig Dunning at 206 - 310 -0601 (cell phone) if you have any questions or need further clarification. Sincerely, Craig Dunning I Q 1 a a ,v w� s 0 -+' S a v v HA * %r.... -w 06..A V g—_ Li s ~W��A t„ DEC 2 �005 Application for 2006 -� Cif o f Tukwila COMMUNITY ° DEVELOPMENT City Business License 6200 Southcenter Boulevard _ Tukwila Washington 98188 -2599 • • 206 -433 -1800 Eli ' • This is an APPLICATION ONLY, and NOT a license to conduct business. You must obtain a business license PRIOR to conducting business. ALL L10EN4ES" EXPIRE DECEMBER 31sT Business License: ❑RENEWAL EW Application Date: Joe-&, Business Name 9, a "I d Pep &, A) Corporate Address, if different from local: � > Local Street �31 � �; / �r � 5 f . Address tcA - ) // a (Be sure to include zip / i.1 [= ec" 161.E I W %f q 10 ��� i code + 4 -digit extension) / , CC!in ©GV.")C�� Ul�FlClrL "� 1 ve5S ; Local PO box & zip, if applicable f� /!)C/ih °�i%007r t,/l 'CZn Bus' a Phone (incl. a cod (,�,) 2 . -� Corporate Phone: (� f rK If b sins name has ch * in ptisf year, I' t former name. Indicate ownership status: ❑ In vidual ❑ Partnership ❑ LLC orporation ❑ Non - profit Local niaAajer (include name and home phone): n ei Original opening date of business in Tukwila: 1 z�I-A lV v A ie G Colleen O n n; Police: List owners /partners/ officers: Titld Home Address Ci State /Zi �j . hone Date of r h re. ���. �, S�C,� � �3.v S= l3 ' �1" t�> %t (JA- Cry i �l��uh n��-t� a:t It « I it r /a t OvIIii L .9uh i 1/. P, 5eC; ree /n /y IS YOUR Door -to -do solicitati n /ped ler? o El Yes Any g ling and /or gambling devices on premises BUSINESS: Contractor based outside City? Lid'No ❑ Yes No ❑ Yes If "Yes'; show jobsite address in space below Operated from your Tukwila residence? ❑ No tr"d'Yes Any am/ement devices on premises? If "Yes ", read information on reverse side and sign Ego `t, o ❑ Yes If "Yes ", number of devices: Description of business (giv details; also, lit types of prodycts s Id r stored , /han a 5� �' f' "1 � RP Will retail sales be con cted? Size of floor space used:.. Number of available spaces: v > 4� fVi�i wh-oie C> rrt • - ❑ Yes KNo 3 f1 sq. ft. parkin Total employees at TukwilS location, including Number of employees i each type of employment: Office: Retail: !f owners and managers: Full -time: t Part -time: r Wholesale: j Manufacturing: ( Warehousing: Other: Do you us tore /discharge flammable, hazardous, or bichazardous m terials? ❑No Yes I "Yes ", type and ,,6,l ✓ " Gam• Local Emergency Contacts: P one 1. 8 ray El'S/Cr7'lP� "" fib` �� 3^I S__111_ 1 state quantity: ���s 0or e ' 0 2. a I 5 'r :3 ' o '% L' l Is ur business activity - or any portions of your building - diffe ent than the previous use of this building /space? ❑ No es %3CerZc If YES, please provide description. (Use separate sheet, if necessary) 10mvit p0 5 , Lj t`e /�P C� Are you PRESENTLY DOING (or PLANNING TO DO) any: -� List Permit Numbers: 01 IF -/ Construction, remodeling, or installation of commercial storage racks? LS(�a� E] yes If Presently Doing Installation of new signage or changes in existing signage? 4AO ❑ Yes If Planning To Do: Contact the City of Tukwila's Permit Center regarding permit requirements PRIOR TO STARTING. IF RENEWAL -0- Show 2005 City of Tukwila Business License No.: NEW OR RENEWAL --> (Read CTR information on reverse side) No. of CTR "affected employees" at the site for which this business license application is filed: If you are a new building owner or planning to sell a building - please note fire alarm installation provisions on reverse side WA State Sales Tax # or UBI number (9 digits): i certify the information contained herein is correct. I understand that any untrue statement is cause for revocation of my license. Signatureii���'' Print Name: Title /Office: 3'r� sy� OFFICE USE ONLY Date: ! _ U, --- Received by: - Paid: Cash_.,-- ---- --- 'S"0, Receipt No.: heck No.: c Buildin -- �= // Planning: W�e ❑ Buildin/n permit at a d Zoning designation: Police: Fire: Date issued: 2006 License No.: LICENSE FEE 30 [�Wio 5 ................ $50.00 (based on number CHECK ONE ❑ 6 to 100.............: $t00:Q0` of employees) ❑ 101 and above .... $200.00 r • _r new building owners or those • • planning to sell a building in Tukwila) As required by Tukwila Municipal Code (TMC) 16.40.100: when sold, existing commercial, hotel /motel, industrial and multi - family dwellings which are not fully protected by an automatic sprinkler system shall have an Automatic Fire Alarm system installed. If not installed by the property owner, upon sale of the property it will be the responsibility of the seller to advise the buyer of this requirement. Multi - family dwellings which are sold and protected by an automatic sprinkler system shall install a fire alarm system complying with TMC 16.40.120B. CTIt •' • ( "Commute Trip Reduction" Program) In 1991, Washington State passed a law (RCW 70.94.521 -551) directing city and county governments to institute programs which require their major employers (with 100 or more affected employees - including owners and managers - at a single worksite) to take measures to reduce the number of single- occupancy vehicle commute trips per week per employee. "Affected employees" are those full -time employees who are scheduled to begin their regular work day between 6:00 -9:00 any, on at least two weekdays per week, 12 months of the year. (For purposes of this law, 35 hours per week is considered full- time.) , • • (for Tukwila hotels /motels) Businesses engaged in providing overnight lodging (hotels /motels) are required to participate in the SAFETY IN OVERNIGHT LODGING PROGRAM per TMC 5.60. Copies of the governing ordinance and program description can be obtained from the TukwilE Police Department Crime Prevention Unit. HOME OCCUPATION (business operated out of your Tukwila residence) Conditions for Issuance of Business License Pursuant to Tukwila Municipal Code Section 18.06.430 and City policy, home occupations (businesses conducted in and out of a residence or apartment) are defined and must comply with certain conditions, as follow.- 18.06.430 Home occupation., "Home occupation" means an occupation or profession which is customarily 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 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 surrounding residential development; 2. No home occupation shall be conducted in any accessory building; 3. Traffic generated by such home occupations shall not create a nuisance; (� 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; 5. The business involves no more than one person who is not a resident of the dwelling; and 6. An off - street parking space shall be made available for any non - resident employee. The above conditions are interpreted to mean at a minimum that. • Employees do not come to the property on a daily or weekly basis. • No more than one work car will be parked on or near the property at any one time. • Outside storage of materials will not occur. • Customers do not come to the premise (with the exception of day cares). The business operator visits customers at their location. • The interior of the premises appears primarily to be a residence. As the operator of the home -based business it is necessary for you to sign below, thereby attesting that you have read the above and agree to these conditions throughout the lifetime of the business conducted at the specified address. y q Date Signature Print Nam Business Name and Address: /7 h law) DewQ //t/C.-y- �� �� ­1 ��� From: Sue Tanner To: Williams, Alvia Date: 3/31/2006 11:17:43 AM Subject: Fwd: Re: Business License Appeal Alvia, could you make up a file for this case? It's a business license case for Tukwila that I'm hearing on 4/20 at 9 a.m. File number below. Thanks. Sue >>> "Brandon Miles" <bmiles @ci.tukwila.wa.us> 3/31/2006 10:47:37 AM >>> Ms. Tanner, The file number for this appeal is L06 -025. Have a good weekend, Brandon J. Miles Assistant Planner Department of Community Development City of Tukwila tel (206) 431 -3684 fax (206) 431 -3665 bmiles(a7ci tukwila wa us »> "Sue Tanner" <Sue.Tannerna Seattle Gov> 03/27/06 03:27PM >>> Okay, how about Thursday; 4/20 at 9:00? (1 can also do 8:00 or 8:30 if you'd like, but most people don't like to start that early.) Sue >>> "Brandon Miles" <bmiles,5ci.tukwila wa us> 3/27/2006 3:02:28 PM >>> I will pass on the other email to Code Enforcement. I like mornings the best, but I am pretty open so what ever works for you. I have not yet generated a file number for the matter, but for now we can refer to it as "Highland Dental Lab ". Thanks, Brandon J. Miles Assistant Planner Department of Community Development City of Tukwila tel (206) 431 -3684 fax (206) 431 -3665 bmiles(&-ci.tukwila wa us >>> "Sue Tanner" <Sue.Tannerna Seattle Gov> 03/27/06 02:21 PM >>> Okay, Anne and I have talked, and I'll be covering this hearing. I do have some time open that week. Are you looking at mornings or afternoons? And about how long do these hearings last? Thanks. Sue CASE NAME: HIGHLAND DENTAL LAB FILE NO: L06 -025 LEGAL COUNSEL: APPELLANT CONTACT: RESPONDENT CONTACT: Examiner: Sue Tanner Decision Due: BUSINESS LICENSE: DEPARTMENT CONTACT: BRANDON J. MILES Assistant Planner 6300 Southcenter Blvd. , Suite 100 Tukwila WA 98188 ASSISTANT CITY ATTORNEY: PETER BECKWITH Assistant City Attorney 6300 Southcenter Blvd. , Suite 100 Tukwila WA 98188 PreHrg Conf: Hearing: April 20, 2006 @ 9:00 a.m. Continuance: Continuance: Decision Issued: Date NOTES Initial REVISION DATE: April 9, 1998 C: \DOCUMENTS \FORMS \FLYSHEET.DOC (apm) Case Name Craig Dunning - CITY OF TUKWILA Property Address 5319S.136 1h Street Hearing Examiner Assigned: Sue Tanner H.E. File #: Department #: Date Received: Dept. Contacts Notified? []No ❑Yes By: Date Notified: Appeal Information (Please go to the appeal type and fill in all fields) ❑ CITATION ENFORCEMENT: SDOT ❑ DPD/DCLU ❑ Citation # Contested ❑ Mitigation ❑ Paid ❑ $ TYPE OF VIOLATION Disposition if no responsg earing: Default Date: Default Payment: ® Other Type of Appeal: Party Contacts: Appellant I Name: Craig Dunning Address: 5319 South 1361h Street Tukwila , WA 98168 - 4728 Phone: ( 206 ) 310 - 0601 Fax: ( ) - De arhnent Name: Jane Cantu, CMC City Clerk %` Address: 6200 Southcenter Blvd Tukwila , WA 98188 Phone: ( 206) 433 - 1800�`� Fax: ( ) - Select Party Name: Address: Phone: ( ) Fax: Select Party Name: Address: Phone: ( ) - Fax: Select Party Name: Address: Phone: ( ) Fax: Select Party Name: Address: Phone: ( ) Fax: ( ) - Filing Fee: $ (check #: ) Pre Hearing Conf.: Continuance 1: / / Hearing: 4/20/06 @ 9:00 a.m. Continuance 2: / / Continuance 3: Decision Issued: / / Record Closed: Date NOTES and MILESTONES Initial o U� X ill YCA �+••� E :..ty ( j