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Home My WebLink AboutPermit L92-0086 - MONTOYA AVELINA - APPEALl92-0086 4218 south 142nd street montoya avelina aspe City of f Tukwila John W. Rants, Mayor Department of Community Development Rick Beeler, Director December 4, 1992 NOTICE OF DECISION Avelina Aspe, Owner Hair and Nail Make -up 4218 S. 142nd St. Tukwila, WA 98168 RE: File No. L92 -0086 (Appeal of Business License Denial). Dear Ms. Aspe, Your appeal of busin ss license denial was reviewed by the Board of Adjustment at a public hearing on December 3, 1992. After considering all materials and testimony, the Board denied your the appeal unless a 1989 or later business license for 4218 S. 142nd St. address is presented to the Planning staff in 30 days. Failure to provide this information will finalize the Board's action to deny your appeal. Appeals of the Board of Adjustment decisions must be made tc King County Superior Court within 10 days per TMC 18.90.030. As a separate action, the Board directed staff to review the customer traffic provisions and develop more flexible options for cases such as yours. Planning staff will incorporate this review into the 1993 work program. However, the Senior Planner does not anticipate being able to start this work until late in 1993. Please call me in October 1993 to find out the status of this review. I am available at 431-36C4 if you have any questions. Sincerely, Vernon Umetsu Associate Planner cc: Pace /Beeler /City Clerk file :aepe \boa.dec 6300 Southcenter Boulevard, Suite #100 n Tukwila, Washington 98188 • (206) 431-3670 • Fax (206) 431-3665 • DEPARTMENT OF LICENSING BUSINESS LICENSE SERVICES PO BOX 9034 OLYMPIA, WASHINGTON 98504 -9034 ATTN: VERNON UMETSU TUKWILA PLANNING DIVISION 6300 SOUTHCENTER BLVD SUITE 100 TUKWILA, WA 98188 RECEIVED DEC 0 21992 COMMUNITY DEVELOPMENT Enclosed is the result of your recent request for a Business Record Search. If you have any questions concerning this search, please call the telephone number listed below. BUSINESS LICENSE SERVICES MASTER LICENSE SERVICE TELEPHONE: (206) 753 -4401 MASTER LICENSE SERVICE INQP BUS700P9 BUSINESS ENTITY INQUIRY 11/30/92 12:25 :52 MASTER LICENSE SERVICE INQP BUS700P9 BUSINESS ENTITY INQUIRY 11/30/92 12:25:52 UBI: 600 451 826 Location: 0001 Business Status: A SOLE PROPRIETOR Location Status: A Owner Name: MONTOYA, AVELINA C Firm Name: HAIR & NAIL MAKE -UP & BOUTIQUE Location Address: Mailing Address: 9201 38TH AVE S SEATTLE WA 98118 0000 9201 38TH AVE S SEATTLE WA 98118 0000 Location First Activity Date: 09 01 1982 This firm name registered: N Other tradenames for this UBT: N ..� 7ht•,'J..,.�� .,-�'4 .�. .1t; �.. ..�.. s`t: S•., .., r... .v...in,n4i.:�x�'t ,._�)'.�;:?`i,i;•r;,k'•`i��- "J... r.... 7'a.hr. ,� ^Rir,: ^T:�.W�L i'i;FMi'�"`�n'.it?.w1: 79a.�: nn ..�'�F :',il`.".;:3'.`t': :.�e, City of Tukwila John W. Rants, Mayor Department of Community Development Rick Beeler, Director November 23, 1992 Department of License Business License Services P.O. Box 9034 Olympia, WA 98507 -9034 Dear Sir or Madam, I am investigating the legal non - conforming status of a business owned by Ms. Avelina C. Montoya (Tax No. 600 -451 -826) for the City of Tukwila. Please send me a copy of her business license which includes the location of the business site. I would appreciate a copy as soon as possible either by mail or FAX. Materials should be sent to: Tukwila Planning Division 6300 Southcenter Blvd. Suite 100 Tukwila, WA 98188 FAX 206 -431 -3665 Attn. Vernon Umetsu Please call me at 206 - 431 -3684 if I can be of any help. Sincerely, k/4:: Vernon Umetsu Associate Planner 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • (206) 431-3670 • Fax (206) 431 -3665 City of Tukwvila John W. Rants, Mayor Department of Community Development Rick Beeler, Director frc_e' Copy of Nt tC(A/C 11-Z- November 2, 1992 Avelina Aspe, Owner Hair and Nail Make -up 4218 S. 142nd St. Tukwila, WA 98168 RE: File No. L92 -0086 (Appeal of Business License Denial). Dear Ms. Aspe, Your appeal of business license denial has been'received and I have tentatively scheduled a hearing at the next Board of Adjustment meeting on December 3, 1992 at 7:00 PM. The meeting will be held in Conference Room No. 3 of Tukwila City Hall. I have tried to call you this morning to confirm this date, but no one was answering the telephone. Please to contact me at 431 -3684 to confirm this date or if you have any questions. The next alternative hearing date is January 7, 1993. Sincerely, Vernon Umetsu Associate Planner cc: Pace /Beeler /City Clerk file:aspeltr.2 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 •. (206) 431-3670 • Fax (206) 431-3665 Loa- Dose. 4218 5 142nd St Tukwila, Wc. 98163 October 20, 1992 The Board of Adjustment City of Tukwila RE: Petition to Appeal Decisions or Interpretations of Planning Director Gentlemen: I hereby appeal a reconsideration of my application for a business license for HAIR AND NAIL MAKE -UP, which I have started and established at the above adclress 14 years 'ago by virtue of an Operator's License issued by Olympia, copy of which is hereto attached. My current business license is at Martin Luther King Way, Seattle, WA, because I moved my operation later in that location when business was good at that time. Because this is a self - employment :iob for me, I di_d not totally moved out from this address because this is my residence since I bought this in 1974 and that time this was still a part of the city of Seattle. Precisely my original operator license was addressed Settle, WA 98168 but changed to Tukwila, 1!i_ as a matter of correction when the City of Tukwila was incorporated. That denying ale a business license in the above address, where my operator license from Olympia is addressed does not make sense at all, because this is my mailing address as well as my business address where I can be contacted by my clients. That I am now 53 years old, for 14 years I have been doing this business as a means of livlihood which enables me to pay my taxes, home mortgage ca.r loans, pays my son' s expenses in college and support for a grandson who is still in the first grade here in Tukwila . That denying me a business license at this time of recession and bad economy will be putting me in :rave financial trouble, because that will be putting me out of work and forcing me to join the unemployed and welfare recepients which is not good for me and the government. Therefore I reiterate my appeal for reconsideration of my application, because this is a one person shop that cannot create disturbance in the neighborhood in particular or disturb the peace of this beautiful City of Tukwila. Very sincerely yours, AVNLINA ASPL TATw�K7�Qh��r. T�Cf✓ �••. `KT. STATE OF WASHINGTON PROFESSIONAL LICENSING SERVICES THIS CERTIFIES THAT THE PERSON NAMED HEREON IS AUTHORIZED AS PROVIDED BY LAW AS A .OPERATOR COSMETOLOGIST REF # M.0-NT- OA- C616DP MON'TOYA,AVELINA C 4218 S 142N0 ST TUKWILA DIRECTOR WA 98168 ATTACH A SIGNED PHOTO OF YOURSELF NUMBER ISSUED DATE 209-05 0018601 04 -14 -78 EXPIRATION DATE $ CITY OF TUL r iTLA 6200 Southcenter Boulevard Tukwila, Washington 98188 (206) 433 -1800 Apr,,.ation for City Business License 1992 Please provide the following Information. Income_ late applications will NOT be accepted. This is an APPLICATION ONLY, and NOT a license to conduct business. You must obtain a business license prior to conducting business. Business License: ❑ RENEWAL gl NEW Application Date: /o - - .7.v— Business Name a it t Na /' I (17-)1. c Local Street c j - l r _ i g-a Address `t' ' w; l kid Local P. O. Box, if applicable Corporate Address: O 1 AV \\41 7 c'0 7 1 t °� Business Phone: Q & _ %L .-- Receipt No.: 3/P7 7 Corporate Phone: Local manager (include name and hdme phone): Planning:bew(63 Le-c, Y(N. i %j /SL I of& Zoning designation: R -1 -7 „� Indicate ownership status: q Individual ❑ Partnership do Corporation • Non - profit List owners, partners or officers: Title '' esidence Address City /State /Zip Phone 49-(5 V z) , «3 P- -7S1-�S A ve,1, ti 0 . 0 ,9wk -er 1- 41-4),,/- 9y/cf y Is your Door -to -door solicitation? Ek No • Yes business: Contractor based outside City? 55 No • Yes If "Yea'; show ioba/te address In apace below Operated from your Tukwila residence? ❑ No fZl Yes If "Yea'; read Information on reverse aide and sign Any gambling and /or gambling devices on premises? IX No ■ Yes Any amusement devices on premises? ql No ■Yes No. of devices: Description of business (give details; also, list types of products sold or s ored)' 1d6. / ✓. /y(., / ..s ,' o_ � Sh Q kt-L a c_' "]�, o tiPv t Size of floor space used: r `n .� o sq. ft. Opening date of business at this location: Y��p G �}yi,x r7T,B o,, /1-/ T Total employees at Tukwila location, incl. management: / Full -time: Part-time: Number of employees in each type of employment: ice: ' Retail: Wholesale: Manufacturing: Warehousing: Other: / Do you use /store /discharge flammable or hazardous materials? f;i1No ❑ Yes if "Yes ", state type and quantity: In case of emergency, notify: Phone 1. 2. Show 1991 City of Tukwila Business License No.: Renewal If business name has changed in past year, list former name: _1--)11-e- 5 a ed k- ( ..S , / ow Is your business use different than the New business previous use of this building /space? 4 No ❑ Yes If "Yes ", what was the previous use ddf this building /space? /20_,,S i �P%-e -e._ WIII there be: any construction or remodeling? !� No 0 Yes o installation of commercial storage racks? ENo ❑ Yes a change of signage? No ❑ Yes If Yes ~ ate•buildl. MUSTiabtsitl_;;. ':`MP!�Pn . �D:... , .. _ ,,.,....�..:. tostart:of. onor,rad:Ini�NlfttlorL �''Pr%O!'' c0/fat�ICq - SiTata0 .sigi!f:iDe fist Qt/rldt 15 ofUwfl1al.',. :appovo pBn1 PALM lQdllr alb ;'. OFFICE USE ONLY LICENSE FEE 0 to 5 50.00_4 (based on number 6 to 100 $100.00 of employees) 101 and above $200.00 Date: /o -,2 - /-- Received by: p Paid: Cash ❑ Check No.: Receipt No.: 3/P7 7 Washington State Sales Tax Number or UBl Number: Building: Planning:bew(63 Le-c, Y(N. i %j /SL I of& Zoning designation: R -1 -7 „� J c I : I!:./afornutivn ; corns 011:::htiiren :/a : o4r :IDt:'t < 1 uif r tang, that) *ny untrya .tat mint /fir CrUJfa `.•`'; : ' • ; .for,, r.vocatlon ;of my; llcin e r ' `' • Building /sign permit attached Police: Fire: Signature: ,i Or, Date issued: Print Name: � f 1 ) - e . I rl -.1- 0 4/2-e-- 1992 License No.: Title /Off ice: L52)1,1..2V” Please return completed application with fee to Tukwila City Hall at address shown above, Attention: City Clerk's Office 0 1, 1908 It r I 40 ••?ci City of Tukwila John W. Rants, Mayor 0 Department of Community Development Rick Beeler, Director October 15, 1992 Avelina Aspe, Owner Hair and Nail Make -up 4218 S. 142nd St. Tukwila, WA 98168 RE: Business License Application. Dear Ms. Aspe, As we discussed yesterday, I have reviewed your information and the King County Zoning Code. This has led me to the following findings: 1. The subject business is located at 4218 S. 142nd St., Tukwila, WA 98168, which is zoned R- 1 -7.2; 2. The use is proposed as a home occupation, but your business license application shows that the standard of no customers comming to the house is violated; 2. The submitted King Co. business license does not establish a "legally non - conforming use" status per TMC 18.70.040, since that license is for a business at 6044 Martin Luther King Way S., No. 101, Seattle, WA 98118; 3. The fact that you have been operating at the 142nd St. address since 1978 is not a basis for establishing this business as a "legally non - conforming use," since the use was not legally established (i.e. such as with the issuance of a building permit or business license), 4. The fact that King County could have allowed such a use is not applicable since it is the action of actually legally establishing the use which determines "legal non - conforming use" status. Based on the above findings, I conclude that this business does not satisfy City of Tukwila requirements for home occupations since customers come to the single family zoned site, and that the business is not a legally non - conforming use per TMC 18.70.040 because it was not legally established . at the site. 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • (206) 431-3670 • Fax. (206) 431-3665 Therefore, the Planning Division cannot approve issuance of the business license application. I will recommend that your business license application be returned and the application fee be refunded. This decision may be appealed to the Board of Adjustment per TMC 18.90.010 (attached). Please feel free to contact me at 431 -3684 if you have any questions. Sincerely, Vernon Umetsu .Associate Planner ATTACHMENTS King County Business License. Zoning Code Appeal Provisions. cc: Pace /Beeler /City Clerk City of Tukwila CONDITIONS FOR ISSUANCE OF HOME OCCUPATION BUSINESS LICENSE HOME OCCUPATION: Business operated out of your Tukwila residence Pursuant to Tukwila Municipal Code, Section 18.06.36 and City policy, home occupations (businesses conducted in and out of a residence or apartment) must comply with the following conditions: 1. The business is conducted by a member of.the family residing within the residence. 2. There is no change in the outside appearance of the building. This includes signs. 3. Business Is conducted in the residence and riot in arf accessory building (garage, etc.). 4. Traffic to and from the business will not create nuisance. 5. Business equipment or operations will not create noise, vibration, glare, fumes, odor or electrical interference beyond the premise. 6. Employees do not come to the property on a daily or weekly basis. 7. No more than one work car will be parked on or near the property at any one time. 8. Outside storage of materials will not occur. 9. Customers do not come to the premise., The operator of the pusine visits stomers at t eir location. . . O c cn� e�2.c —L�-c C '� N" h .0 r wL�. r U,e- 10. The interior of the premises appears primarily to be a residence. As the operator of the 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. Business Name and Address: Q C . ( i fl� Q- 2/4-01-e L—Lt_ Signature 1 1/4_5/24- ( C Print Name c,01-cei/' 71-t_44/4:0-0,_ i-c)(2 -fig/ 6 Title/Position ILA, 1,i T �P City of Tukwila John W. Rants, Mayor t� `� Department o Community Development Rick Beeler, Director .1.. P f tY P 1908 HEARING DATE: FILE NUMBER: APPLICANT: REQUEST: LOCATION: ACREAGE: COMPREHENSIVE PLAN DESIGNATION: ZONING DISTRICT: STAFF ATTACHMENTS: STAFF REPORT TO THE BOARD OF ADJUSTMENT Prepared November 25, 1992 December 3, 1992 L92 -0086: Aspe Administrative Appeal Avelina C. Aspe An appeal of an administrative determination by the Director of Community Development to allow a home beauty shop to continue operating in an R -1 -7.2 (single family) zone. 4218 S. 142nd Street; Tukwila, WA 0.19 acres (8,343 sq. ft.) Low Density Residential R -1 -7.2 (Detached Single Family Residence, Minimum Lot Size = 7,200 sq. ft.) Vernon Umetsu, Associate Planner A. B. C. D. E. Vicinity Map Aspe Business License Application Department of Community Development (Denial) Letter of October 15, 1992 Aspe Appeal Letter Code Interpretation 6300 Southcenter Boulevard, Suite #100' • Tukwila, Washington 98188 • (206) 431-3670 • Fax (206) 431-3665 Board of Adjustment Page 2 L92 -0086: Aspe Administrative Appeal FINDINGS VICINITY /SITE INFORMATION 1. Description of Business: Ms. Aspe has a two chair beauty salon doing business as "HAIR AND NAIL MAKE -UP ". This is a 364 sq. ft. business area in a 1,850 sq.ft., single family house. 2. Existing Development: The site is a corner lot with S. 142nd St. to the south and 43rd Ave. S. to the east. The site contains a single family house as generally shown in Attachment A. 3. Surrounding Land Use: To the south is a King County Library and Foster High School. Otherwise, single family uses surround the site to the north, east and west. 4. Access: The area's road system is shown in Attachment A. Vehicle access would most likely be via 42nd Ave. S., thence to 142nd St. and to the site. South 142nd St. is .a low capacity street with no sidewalks or curbs and an approximately 18 ft. wide paved roadway. Library traffic arrives from 42nd Ave. S., while high school traffic affects 42nd Ave. S. and S. 144th St. where the driveways are located. Traffic on S. 142nd and 43rd Ave. is estimated to be only for local residences based on a site visit (11/23/92). BACKGROUND A business license application for a home beauty salon was received on October 2, 1992 by the City Clerk from the appellant Ms. Aspe (Attachment B). This application established that customers would be coming to the residential site for service. The Planning Division determined that the use was not consistent with the Zoning Code's "home occupation" provisions and that no evidence had been submitted to establish it as a legally non - conforming use. The Planning Division denied the business license application on October 15, 1992 (Attachment C) and discussed the issues and options with the applicant. The applicant appealed the Division denial t� the Board of Adjustment on October 23, 1992; within the statutory appeal period. DECISION CRITERIA The Planning Director's denial of the business license application is being appealed pursuant to TMC 18.90.010: Board of Adjustment ` • Page 3 L92 -0086: Aspe Administrative Appeal "Any person aggrieved by any interpretation of this title by the Planning Director may present to the Board of Adjustment a petition requesting review of such decision. Any such petition shall be made within ten days of the interpretation and should set forth in writing the interpretation being appealed, the interpretation being sought, and the reasons why the Board of Adjustment should support the appeal. The action of the Board of Adjustment shall be final." The applicant requests that the Board of Adjustment reverse an administrative determination by the Director of the Department of Community Development, to allow a home beauty shop to legally continue (Attachment D). The applicant's appeal letter presents evidence only on the legally non - conforming use issue. However, staff has taken a broader view of the appeal. The two substantive issues are (1) does the business satisfy the criteria for home occupations per TMC 18.06.360 & 18.06.870, and (2) does business qualify as a legally non - conforming use per TMC 18.70.040. The relevant criteria and findings are presented below. 1. Does the business, both of itself and cumulatively with other sites similarly developed satisfy the following requirements for home occupations per TMC 18.06.360 (Home Occupations) and 18.06.870 (Accessory Use): 18.06.360(1): There shall be no change in the outside appearance of the building or premises; The building does not exceed the maximum development allowed in the R -1 -7.2 zone. The structure's appearance is generally consistent with a 1960's rambler style housing design. Photographs will be submitted at the hearing. 18.06360(2): No home occupation shall be conducted in any accessory building The business operates in a the western portion of the residence; not in an accessory building. 18.06.360(3): Traffic generated by such home occupations shall not create a nuisance; and A. Ms. Aspe states that she has approximately 15 customers per week. B. In1.983, the Department adopted a code interpretation which determined that customer traffic to the home occupation constituted traffic nuisance, that customers could not come to the home occupation, but that the business operator could go to the customer (Attachment E). The 1983 code interpretation also involved a hair styling home occupation which was denied based on customer nuisance traffic. This interpretation Board of Adjustment Page 4 L92 -0086: Aspe Administrative Appeal was affirmed by the Board of Adjustment on appeal (File No. 83 -22 -UI (Schwindt)) and been consistently applied by the Department. The basis of this interpretation was that: a. Allowing incidental home business activity without customer traffic, reflects the consensus of City Council discussions when the 1982 comprehensive Zoning Code revision was being reviewed; b. The Planning Division continues to determine that the business would create nuisance traffic levels as one of a cumulative number of home occupations with customers coming to residential areas; and c. The cumulative customer traffic from numerous home occupations has a significant potential to degrade the viability of single family and attached residential areas, which is in conflict with the following Comprehensive Plan "Neighborhood Objectives and Policies ": Policy 1.4 (Pg. 46) -- Vehicular traffic to commercial, office or industrial uses should not be through residential areas. and Policy 1.5 (Pg. 46) -- Encourage the abatement of incompatible land uses in viable residential areas. 18.06.360(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 o ff the lot. No nuisance impacts are anticipated to be generated by the business. 18.06.870 "Accessory use" means a use incidental and subordinate to the principal use and located on the same lot or in the same building as the principal use. A. The business is located in the primary residential building. B. The use area occupies approximately 340 sq. ft. of an 1,850 sq. ft. building. There is also an approximately 550 sq. ft., non - commercial green house in this same building for a total of 890 sq. ft. of accessory use. 2. Is there .sufficient evidence to validate a determination that the use was lawfully established while in unincorporated King County and thus be legally non - conforming per TMC 18.70.040. A. Any preexisting lawful use of land that is made non - conforming under the terms of this title as enacted may be continued..." (TMC 18.70.040) but not Board of Adjustment L92 -0086: Aspe Administrative Appeal expanded (ibid). B. The evidence considered by staff in establishing the business' legal status at this site included the following: Page 5 a. A Washington State operator's license with a 4218 S.142nd St. address for Ms. Aspe as an individual (Attachment D), which is often sent to the operator's personal address (State Business License Dept., 11/20/92), b. A current Washington State business license issued to Ms. Aspe doing business as HAIR AND NAIL MAKE -UP, for an Active Sole Proprietorship with a 6044 Martin Luther King Way address (State Business License Dept., 11/20/92), c. A previously submitted King County business license for Ms. Aspe's sole proprietorship business located at 6044 Martin Luther King Way (Umetsu, 10/15/92), and d. Ms. Aspe's assertions that she has always had some portion of her business at the current 142nd St. site, even after opening a shop at 6044 Martin Luther King Way. CONCLUSIONS Based upon the above findings, the Planning staff conclude the following regarding each issue: Consistency of the business with existing Home Occupation requirements. 1. The business does not satisfy Home Occupation requirement 18.06.360(3) because customer visits would create a nuisance level of traffic on a cumulative basis; 2. The cumulative traffic impacts would reduce the quality of existing residential areas which conflicts with two Comprehensive Plan policies; Status as a legally non - conforming use. 3. The submitted "Operator" license (Attachment D) does not legally establish the site as a business address since operator licenses are often sent to the operator's home address (State Dept. of License, 11/20/92); 4. The business license more accurately locates the facility's location and the site of the activity. The current Washington State Department of License and the previously submitted King Co. business license establish the applicant's business facility at 6044 Martin Luther King Way S., No. 101, Seattle, WA 98118; Board of Adjustment Page 6 L92 -0086: Aspe Administrative Appeal 5. The fact that this or any business has been operating at a site for many years is not a basis for establishing it as a 'legally non - conforming use," since the use was not legally established (i.e. such as with the issuance of a building permit or business license); and; 6. The fact that King County might have allowed such a use is not applicable since it is the action of actually legally establishing the use which determines "legal non- conforming use" status. RECOMMENDATIONS The Planning Staff recommend that the appeal be denied due to: 1. The business not satisfying the criteria for home occupations per TMC 18.06.360(3) and; 2. A lack of evidence to demonstrate that the use was Iawfully established per TMC 18.70.040. 6le:aspe\rpt 1 " 19-rn 1--- --r;.1 171'4144P 1.-• ,:, p CD 11111Kaa, V) _e-_') •' \ ,I .11",: .11 ):...1 1 •'.:' ,) 2 :•... •0 p ) I 11 4 8 i t 4: 3 41 , 11 o4 _..... IC , 1 -, Lr. v ' ... 1 ... • r..-- It ?•1/ • r : •., .:. • si; ..... I Cr Z.) 'V ...''''‘ I 39 TH ST ( )• .. • ...... r., 1 .. ,,, i . • 1 1 11 �' 1 ..c. • 4, , , a 0 [iirl. 14:1p{-2:) 1 r.:......1...; [.....:.{...: it• :: s - • ., ,.., ›)- , .1,.. ■•••■ 1 3 9T 1-1 -r eee r. ! ''')' I-1, • r e /4. J J • R ' -lir ./ ..c, • ... /1:„..-,043. i •. .. • •• Ft] 2 1 4 vessraeropeurik•..,../._ • 1• 1'316 11 I 111,1 • • .. • :/-( : .- 0.59 AC • ; )71;• sr - 11 cz, R-2 r J--(77707,Q,H 009A t. " • r pt 2 19 C3.4 3 .18 i•tc, s 9.1 0 65 AL .2 • ,"z rid • re, • Lf ?.? \) I r); /10 /5. T S 1 • f. 4 c -1 • 3 • • IL. • •I,U13,N; 1 R '3 AC NORMANDY. 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HiltsSi: ED PI s • • I • COUNTY SCHOOL 4.65 AC LEGEND County Tax Lot No 0 .House Number R"i171 B.4,10Ing * C= Private Road ATTACHMENT A L CITY OF Tu.Art..A 6200 Southcenter Boulevard Tukwila, Washington 98188 (206) 433 -1800 Ap't- _ation for City Business License 1992 Please provide the following information. Incomplete applications will NOT be accepted. This is an APPLICATION ONLY, and NOT a license to conduct business. You must obtain a business license prior to conducting business. Business License: D RENEWAL Business Name a j Na / \_ \I �ti� 'ion Date: a Address: ?A) Local Street 4 V �-c 2 $.19 �" o 1 z' Address °1� �a 1 Q \t\ fi w Q i OO oPMN 0 ko� Local P. O. Box, if applicable OSvEL ,,. Business Phone: , _ '� Corporate Phone: . _ Local manager (include name an• h•me phone): Paid: Cash ❑ Check No.: Indicate ownership status: Q Individual ❑ Partnership LJ Corporation • Non - profit List owners, partners or officers: Title esidence Address City /State /Zip Phone . cL (' � , G P.C.-76i-5L--- Ave, f t ti 0. (e,9 w k -ey' 1-(--- �), / 7S7/6 7 Is your Door -to -door solicitation? No • Yes Y � business: Contractor based outside City? a No • Yes If "Yes', show jobslte address In space below Operated from your Tukwila residence? ❑ No 1177 Yes If "Yes ", read Information on reverse side and sign Any gambling and/or gambling devices on premises? IgNo ❑ Yes • Any amusement devices on premises? EP No • Yes No. of devices: Description of business (give details; also, list types of products sold or stored): �;5 ' �` f��. / Sal ate- slrt� Dt C��[lr''%tLIp tiPV .t�D Size of floor space }sect: f�l� , / L., , sq. ft. Opening date of business , at this location.: o..crt (� , Fez. f't-N 1 Q ` ek i cAf /G: Total employees at Tukwila location, incl. management: / Full -time: Part-time: Number of employees in each type of employment: Office: ' Retail: Wholesale: Manufacturing: Warehousing: Other: /' Do you use /store /discharge flammable or hazardous materials? I_No ❑ Yes If "Yes", type and quantity: In case of emergency, notify: Phone 1. 2. Show 1991 City of Tukwila Business License No.: Renewal '► If business name has changed in past year, list former name: ,l-1v S ,C3�0 k,_71-14 ..S Q / os. Is your business use different than the New business "► previous use of this building /space? I No 0 Yes tf "Yes ", what was the previous use df this building /space? c %2Q'St �e� _ . WIII there be: any construction or remodeling? No ❑ Yes installation of commercial storage racks? No ❑ Yes a change of signage? No ❑ Yes ' li Yes �► =?: ' FP.?�?P_ Nate bUllcftngpemlf.SMUST..obtair)ed :.- :'prior.to Stiff OfcoRSt Utt1011':OT* *IiT 3tf0/1.:�: e'�gR'P!il*is'reQLired ' 'filtel approSred pern�fts :M ST'accanprarlj! . . OFFICE USE ONLY LICENSE FEE 0 t 5 6_62.00_-., Date: /0 '. - %— Received by: 1. (based on number 6 to 100 5100.00 of employees) 101 and above 5200.00 Paid: Cash ❑ Check No.: Receipt No.: Washington State Sales Tax Number 34/1'7 or UBI Number: Building: ❑ Building /sign permit attached Pianning:1)ENrLy Le-c.., yu•• 1°/(S-12-- 9 t oft, Zoning designation :1P 7.7 R ;.�; Wilty:':ttio .Information ; con.teiinad_;°herein:=ls :correct X, f ul7der'stand that any untrue statement Ia cause `� • • for :revocation ;of my Ilconse. •'•••1 Police: Fire: Signature: �1 11 Date issued: Print Name: rp J-e /.'n y 0 , /9 1992 License No.: Title /Office: fll�l� -Q-l� Please return completed application with fee to Tukwila City Hall at address shown above, Attention: City Clerk's Office City of Tukwila CONDITIONS FOR ISSUANCE OF HOME OCCUPATION BUSINESS LICENSE HOME OCCUPATION: Business operated out of your Tukwila residence Pursuant to Tukwila Municipal Code. Section 18.06.36 and City policy, home occupations (businesses conducted in and out of a residence or apartment) must comply with the following conditions: 1. The business is conducted by a membei. of .the family residing within the residence. 2. There is no change in the outside appearance of the building. This includes signs. 3. Business is conducted in the residence and not in an•accessory building (garage, etc.). 4. Traffic to and from the business will not create nuisance. 5. Business equipment or operations will not create noise, vibration, glare, fumes, odor or electrical interference beyond the premise. 6. Employees do not come to the property on a daily or weekly basis. 7. No more than one work car will be parked on or near the property at any one time. 8. Outside storage of materials will not occur. 9. Customers do not come to the premise., The operator of the usiness its istomers at tReir location. c;).--b P2 0 t cn�.4.o_(� —�� _ -4- -� fi/t. 0.1.211.0, 10. The interior of the premises appears primarily to be a residence. As the operator of the 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. Business Name and Address: Da 0 Q. 7LjatB) 6 ik,' .S2- 7/404 Signature i tl (/ C% 1),S),--- yo / r (,,,;_) miu Print Name Title /Position / =� V City of Tukwila ,, :a � ' 4y�•:: r Department of Community Development Rick Beeler, Director John W. Rants, Mayor 1908 • October 15, 1992 Avelina Aspe, Owner Hair and Nail Make -up 4218 S. 142nd St. 'Tukwila, WA 98168 RE: Business License Application. Dear Ms. Aspe, As we discussed yesterday, I have reviewed your information and the King County Zoning Code. This has led me to the following findings: 1. The subject business is located at 4218 S. 142nd St., Tukwila, WA 98168, which is zoned R- 1 -7.2; 2. The use is proposed as a home occupation, but your business license application shows that the standard of no customers comming to the house is violated; 2. The submitted King Co. business license does not establish a "legally non - conforming use" status per TMC 18.70.040, since that license is for a business at 6044 Martin Luther King. Way S., No. 101, Seattle, WA 98118; 3. The fact that you have been operating at the 142nd St. address since 1978 is not a basis for establishing this business as a "legally non - conforming use," since the use was not legally established (i.e. such as with the issuance of a building permit or business license), 4. The fact that.King County could have allowed such a use is not applicable since it is the action of actually legally establishing the use which determines "legal non - conforming use" status. Based on the above findings, I conclude that this business does not satisfy City of Tukwila requirements for home occupations since customers. come to the single family zoned site, and that the business is not a legally non - conforming use per TMC 18.70.040 because it was not legally established. at the site. 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • (206) 431 -3670 • Fax (206) 431 -3665 Therefore, the Planning Division cannot approve issuance of the business license application. 1 will recommend that your business license application be returned and the application fee be refunded. This decision may be appealed to the Board of Adjustment per TMC 18.90.010 (attached). Please feel free to contact me at 431 -3684 if you have any questions. Vernon Umetsu - .Associate Planner ATTACHMENTS King County Business License. Zoning Code Appeal Provisions. cc: Pace /Beeler /City Clerk . Lola- 00 SL 4210 E 142nd St Tukwila, '.T_.. 9C,1 l S October 20, 1992 The Board of Adjustment City of Tukwila RE: Petition to Appeal Decisions or Interpretations of Planning Director +�j a0G1''J Ft oc: 2 31992 EN EVE MUNI OPM Gentlemen: I hereby appeal a reconsideration of my application for a business license for HAIR ._ •'D NAIL MAKE-JP, which i have started and established at the above address 14 years 'ago by virtue of an Operator's License issued by Olympia, copy of which is hereto attached. My current business license is at Martin Luther 'wing Way, Seattle, WA, because I moved my operation later in that location when business was good .at that time., Because this is a self - employment job for me, I did not totally moved out from this address because this is my residence since I bought this in 1974 and that time this was still a part of the city of Seattle. Precisely my original operator license was addressed Seattle, WA 98168 .but changed to Tukwila, \'U. as a matter of correction_ when the City of Tukwila was incorporated. That denying me a business license in the above address, where my operator license from Olympia is addressed does not make sense at all, because this is my mailing address as well as my business address where I can be contacted by my clients. That I am now 53 years old, for 14 years I have been doing this business as a means of livlihood which enables me to Jay my taxes, home mortgage & car loans, pays my son' s expenses in college and support for a grandson who is still in the first grade here in Tukwila . That denying me a business license at this time of recession and bad economy will be putting me in c :rave financial trouble, because that will be putting me out of work and forcing me to join the unemployed and welfare recet,ients which is not good for me and the government. Therefore I reiterate my appeal for reconsideration of my application, because this is a one person shop that cannot create disturbance. in the neighborhood in particular or disturb the peace of this beautiful City of Tukwila. Very sincerely yours, AVBLIx,; A kSPB 4.- STATE OF WASHINGTON fi,,, PROFESSIONAL LICENSING SERVICES THIS CERTIFIES THAT THE PERSON NAMED HEREON IS AUTHORIZED AS PROVIDED BY LAW AS A J .OPERATOR COSMETOLOGIST REF 11 MO- NT- OA- C61G0P • , MONTOYA,AVELINQ C • 4218 S 1421x0 ST ATTACH A TUM,ILA WA 98168 • SIGNED PHOTO OF YOURSELF /��Gr 4jiut�'�i7d / U }: DIRECTOR ?I NUMBER ISSUED DATE EXPIRATION DATE 209-05 0018601 04 -14 -76 03-17 -93 ,.( C .♦ ♦: {-.. _ ._\ `:t -i c: ^.v ♦:c -. :.• ^.i 5.{ ._ ^.♦ i t- z `.1 '.T -i `: ^.v ` t a - - ._v`-�•_ ^S ♦_•L'{.� ^_ti �i Y._..- - a a _ ♦ -.. _ f i+ilo(4167-j (5) CODE INTERPRETATION FORM CODE INTERPRETED: Zoning SECTION NO.: 18.06.360(3) Home Occupation Date Interpretation Made: October 21, 1983 Interpretation: Home occupation traffic "nuisance" consists of customer vehicular traffic coming to the residence of the home occupation, and not the person conducting the home occupation going from the residence to the customers. Why was this interpretation developed? Linda Schwindt applied for a business license for a hair- styling home occupation in her single family zoned residence. Substantial home improvements had already been made by her to the home in preparation for this work. What is the justification of the interpretation? City policy consistently has been to view traffic coming into single family zones as a "nuisance" if that traffic is other than what is generated by the residents of the singly family homes. Acceptable and reasonably expected to be normal is the traffic each homeowner and family causes. Unacceptable and a nuisance is customer traffic coming to a residence to receive a service performed by someone working in their home. 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