Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Permit L03-054 - YOROZU GARDENING COMPANY - APPEAL
This record contains information which is exempt from public disclosure pursuant to the Washington State Public Records Act, Chapter 42.56 RCW as identified on the Digital Records Exemption Log shown below. L03-054 Yorozu Gardening Company 1333532 nd Avenue South RECORDSDIGITAL D-) EXEMPTION LOG THE ABOVE MENTIONED PERMIT FILE INCLUDES THE FOLLOWING REDACTED INFORMATION Page ,#, Coda Exemption, � � � Briof Explanatory 6escrlofion, Statutte/Ruilo The Privacy Act of 1974 evinces Congress' intent that Personal Information — social security numbers are a private concern. As such, individuals' social security numbers are Social Security Numbers redacted to protect those individuals' privacy pursuant 5 U.S.C. sec. DR1 Generally — 5 U.S.C. sec. to 5 U.S.C. sec. 552(a), and are also exempt from 552(a); RCW 552(a); RCW disclosure under section 42.56.070(1) of the 42.56.070(1) 42.56.070(1) Washington State Public Records Act, which exempts under the PRA records or information exempt or prohibited from disclosure under any other statute. Redactions contain Credit card numbers, debit card Personal Information — numbers, electronic check numbers, credit expiration 54-55 DR2 Financial Information — dates, or bank or other financial account numbers, RCW which are exempt from disclosure pursuant to RCW 42.56.230(5) RCW 42.56.230(4 5) 42.56.230(5), except when disclosure is expressly required by or governed by other law. YOROZU GARDENING CO 13335 - 32 AV S L03 -054 OLYMPIC PRINTERS 360 - 452 -1381 • 800 - 535 -9204 Fax 360- 452 -8916 dcx.� c CA.h be_. ,Ira_ bui RP-- 062A 1-0 Q - CYwi un 6 k-ef hp‘ - 610-t lc; Cluuk1 UIIL (-Lib ■)a 4e n - em va(2e - 17/1 x101) To: From : Date: Subject: Rebecca McGregor Kathy Stetson July 2, 2003 Information needed I am working on an investigation involving a business operation in a residential zone. These vehicles are consistently parked in front of the residence daily (M- F) and I want to know if they are registered to the address or if they are, as we suspect, employee's of the company, in violation of the zoning code regulations regarding home occupations. License Plates Yorozu Residence 253 -DXL A65506L 593 -JME 644 -LMN 327 -HGM 78549 -Z 689 -FFP A92084F ()ILw,e_ c , n.3f al l a c o& Ci-(X-1-A-NNJA—D r`2 Lea e,"3 61-11C9'• rPc�\`o l� N Jc_cih -G1 ext.)2,1AAAYfi Slr\. cN-a_cQ y uuot 1 U 1- -tL.arc( (. (t6g&? LiurP/A Z)14-7C) #################################### # # # # # # # # # # # # # # # # # # # # # # # # # # # # # ## SENT MESSAGE: WWCIC.RV.WA0172312.LIC /253DXL #################################### # # # # # # # # # # # # # # # # # # # # # # # # # # # # # ## WWCIC0012TUK12.QV.WA0172312.LIC /253DXL NO WATCH YOUR CAR RECORDS FOUND NO EXACT MATCH ON LIC RECORD NUMBER 1 OF 1 NO WANTS - IMPOUNDED VEHICLE (BASED ON LIC,LIS) MKE /EVI ORI /WA0172300 LIC /253DGL.WA.2003.PC VIN/ JM1BG2327M0228256 .1991.MAZLD323.2D.BLU DOT/03/18/2003 OCA /5191 MIS /VFY 206 - 433 -1808 #03 -2053 TOW 425 - 226 -8050 ENT: 03/18/2003 AT 2018 FROM TUK12 BY /PD TUKWILA (TUKPD) WAC/03V0038229 FIL/I0307703940 #################################### # # # # # # # # # # # # # # # # # # # # # # # # # # # # # ## DOL 0012TUK12.L.WA0172312.LIC /253DXL NO COMPUTER RECORD FOUND #################################### # # # # # # # # # # # # # # # # # # # # # # # # # # # # # ## SENT MESSAGE: WWCIC.RV.WA0172312.LIC /A65506L #################################### # # # # # # # # # # # # # # # # # # # # # # # # # # # # # ## WWCIC0013TUK12 .QV.WA0172312.LIC /A65506L NO WACIC WANTED, MISSING, PROTECTION ORDER, DOC CUSTODY STATUS, SOR, OR VEHICLE /VEHICLE PART OR WATCH YOUR CAR RECORDS FOUND #################################### # # # # # # # # # # # # # # # # # # # # # # # # # # # # # ## DOL 0013TUK12 .L.WA0172312.LIC /A65506L VIN /1FTRX18L81NB91985 .VYR /2001.VMA /FORD .VMO /F1PU EXP DATE /09 -07 -2003 SANTOS,HERACLIO 26515 18TH PL S DES MOINES,WA,98198 FMCC PO BOX 105704 ATLANTA,GA,30348 TITLE/ 09 -25 -2001 0126815908 ,008000,09 -07 -2003 TAB# IS U749348 03 PREV TAB M527035 02 PLATE ISSUE DATE/ 09 -2001 FIRST COLOR IS RED SECOND COLOR IS NO COLOR #################################### # # # # # # # # # # # # # # # # # # # # # # # # # # # # # ## SENT MESSAGE: WWCIC.RV.WA0172312.LIC /593JME #################################### # # # # # # # # # # # # # # # # # # # # # # # # # # # # # ## WWCIC0014TUK12.QV.WA0172312.LIC /593JME NO WACIC WANTED, MISSING, PROTECTION ORDER, DOC CUSTODY STATUS, SOR, OR VEHICLE /VEHICLE PART OR WATCH YOUR CAR RECORDS FOUND #################################### # # # # # # # # # # # # # # # # # # # # # # # # # # # # # ## DOL 0014TUK12.L.WA0172312.LIC /593JME VIN /JT2EL32D4J0196162 .VYR /1988.VMA /TOYO .VMO /TERCP EXP DATE /04 -22 -2004 - SANTOS,MARTIN MEDINA 928 S 124TH ST SEATTLE,WA,98168 LEGAL OWNER SAME AS ABOVE TITLE/ 01 -03 -2003 0300319512 PIC NAME1 SANTOMM494QH TAB# IS B799403 04 PREV TAB V524517 03 PLATE ISSUE DATE/ 09 -1998 FIRST COLOR IS SILVER SECOND COLOR IS NO COLOR foLJyLVYI PSI PONCE, JESUS MARQUEZ RODRIGUEZ,ALEJANDRINA C 30605 8TH PL S FEDERAL WAY,WA,98003 RELIABLE CREDIT ASSOCIATION PO BOX 3866 KENT,WA,98035 TITLE/ 07 -11 -2002 0219216236 PREV TAB P645640 02 PLATE ISSUE DATE/ 08 -2000 FIRST COLOR IS BLUE SECOND COLOR IS NO COLOR #################################### # # # # # # # # # # # # # # # # # # # # # # # # # # # # # ## SENT MESSAGE: WWCIC.RV.WA0172312.LIC /327HGM #################################### # # # # # # # # # # # # # # # # # # # # # # # # # # # # # ## WWCIC0016TUK12.QV.WA0172312.LIC /327HGM NO WACIC WANTED, MISSING, PROTECTION ORDER, DOC CUSTODY STATUS, SOR, OR VEHICLE /VEHICLE PART OR WATCH YOUR CAR RECORDS FOUND #################################### # # # # # # # # # # # # # # # # # # # # # # # # # # # # # ## DOL 0016TUK12.L.WA0172312.LIC /327HGM VIN /KNAFA1211R5207786 .VYR /1994.VMA /KIA .VMO /SEP4D EXP DATE /01 -11 -2004 MONTOYA,JOSE GONZALEZ- CASTILLO,GLADIS 28826 22ND AVE S FEDERAL WAY,WA,98003 LEGAL OWNER SAME AS ABOVE TITLE/ 02 -21 -2001 0228317802 PIC NAME1 MONTOJD237B9 PIC NAME2 GONZAGF212BH TAB# IS B704665 04 PREV TAB U701757 03 PLATE ISSUE DATE/ 10 -1996 FIRST COLOR IS SILVER SECOND COLOR IS NO COLOR #################################### # # # # # # # # # # # # # # # # # # # # # # # # # # # # # ## SENT MESSAGE: WWCIC.RV.WA0172312.LIC /78549Z #################################### # # # # # # # # # # # # # # # # # # # # # # # # # # # # # ## WWCIC0017TUK12 .QV.WA0172312.LIC/78549Z NO WACIC WANTED, MISSING, PROTECTION ORDER, DOC CUSTODY STATUS, SOR, OR VEHICLE /VEHICLE PART OR WATCH YOUR CAR RECORDS FOUND #################################### # # # # # # # # # # # # # # # # # # # # # # # # # # # # # ## DOL 0017TUK12 .L.WA0172312.LIC/78549Z VIN /4S1CL11L4M4202608 .VYR /1991.VMA /ISU .VMO /PU EXP DATE /12 -26 -2003 'QUINTERO,GREGORIO CRUZ 12267 ROSEBERG AVE S SEATTLE,WA,98168 LEGAL OWNER SAME AS ABOVE TITLE/ 01 -13 -1999 9901316002 ,004000,12 -26 -2003 PIC NAME1 QUINTGC416KD TAB# IS V055446 03 PREV TAB N002720 02 PLATE ISSUE DATE/ 10 -1995 FIRST COLOR IS BLACK SECOND COLOR IS NO COLOR #################################### # # # # # # # # # # # # # # # # # # # # # # # # # # # # # ## SENT MESSAGE: WWCIC.RV.WA0172312.LIC /689FFP #################################### # # # # # # # # # # # # # # # # # # # # # # # # # # # # # ## WWCIC0018TUK12.QV.WA0172312.LIC /689FFP NO r;° CH YOUR CAR RECORDS FOUND NO EXAC CH ON LIC RECORD NUMBE •F 1 STOLEN VEHICLE PLATE(S ON LIC,LIS) MKE /ELS ORI /WAOS =:I00 LIC /639FF' IS PC DOT /09/06 OCA/ 0 - 1912 MIS /FRONT PLATE : 09/07/2002 AT 1317 FROM VN197 BY /SO VANCOUVER (VANSO) WAC/02V0146852 NIC/P651314637 #################################### # # # # # # # # # # # # # # # # # # # # # # # # # # # # # ## DOL 0018TUK12.L.WA0172312.LIC /689FFP VIN /4N2DN11W7RD812572 ,.VYR /1994.VMA /NISS .VMO /QUESW EXP DATE /11 -18 -2002 SCOTT,WILLIAM E SCOTT,MARY P 602 BOYER AVE APT B3 1/2 WALLA WALLA,WA,99362 LEGAL OWNER SAME AS ABOVE .TITLE/ 11 -18 -1993 9634704702 PIC NAME1 SCOTTWE532OF PIC NAME2 SCOTTMP525CL VEHICLE SOLD 09/03/2002 TAB# IS R752969 02 PREV TAB A665554 01 PLATE ISSUE DATE/ 12 -1993 FIRST COLOR IS BLUE SECOND COLOR IS NO COLOR #################################### # # # # # # # # # # # # # # # # # # # # # # # # # # # # # ## SENT MESSAGE: WWCIC.RV.WA0172312.LIC /A92084F #################################### # # # # # # # # # # # # # # # # # # # # # # # # # # # # # ## WWCIC0019TUK12 .QV.WA0172312.LIC /A92084F NO WACIC WANTED, MISSING, PROTECTION ORDER, DOC CUSTODY STATUS, SOR, OR VEHICLE /VEHICLE PART OR WATCH YOUR CAR RECORDS FOUND #################################### # # # # # # # # # # # # # # # # # # # # # # # # # # # # # ## DOL 0019TUK12 .L.WA0172312.LIC /A92084F VIN /4TANL42N0TZ128053 .VYR /1996.VMA /TOYO .VMO /PU 'EXP DATE /02 -04 -2004 FLORES RUBALCAA,ANTONIO C 3023 S 201ST ST SEATAC,WA,98198 LEGAL OWNER SAME AS ABOVE TITLE/ 09 -19 -2001 0126220207 ,004000,02 -04 -2004 PIC NAME1 FLOREAC250QQ TAB# IS B482997 04 PREV TAB U629520 03 PLATE ISSUE DATE/ 02 -2000 FIRST COLOR IS RED SECOND COLOR IS NO COLOR • City of Tukwila • Steven M. Mullet, Mayor Department of Community Development Steve Lancaster, Director January 12, 2004 Mr. Kenneth T. Yorozu 26639 SE 18th Street Sammamish, WA 98075 RE: Business License Application Dear Mr. Yorozu: After reviewing the information you submitted to the City at the October 28, 2003 hearing, the City will consider your business vested non - conforming and the Community Development Department will sign off on the business license application. Yet, the approval of the business license will not close the code enforcement action that is currently pending on the property located at 13335 32 "d Avenue. The property is located in a residential neighborhood and appropriate measures need to be taken to minimize the impacts of the business on the surrounding properties. The large amount of materials that are currently stored in the front of you property must be removed. At one time a "Honey Bucket" was being kept on the site. This activity is not appropriate for a residential neighborhood. You have 30 -day from the date of this letter to find an alternative location for the items that are currently stored on the property. In addition, should the City receives complaints from residents of that area regarding the business, we shall reexamine our decision. You should be aware that any expansion of your business or a change in the nature of the business is limited due to the fact that your business appears to be non - conforming. If you have any questions, please call (206) 431 -3684 or send an email to bmiles ci.tu ila.wa.us. 7Y. erel andon J. des Assistant Planner cc. Steve Lancaster, Director Joe Schultz, Assistant City Attorney Jane Cantu, City Clerk Kathy Stetson, Code Enforcement Officer File 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665 APPELLANT: SUMMARY OF APPEAL: PUBLIC HEARING: OFFICE OF THE HEARING EXAMINER dP41■ 44, CZ<>1, Kenneth T. Yorozu O 0 O 4•40 T. Yorozu Gardening Co., Inc. 4G >� Appeal of Denial of Business License x'040- *� CITY OF TUKWILA Appeals denial of 2003 business license by City of Tukwila After reviewing the Appellant's written request for a hearing and examining the available information on file, the Examiner conducted a public hearing on the subject as follows: ORDER The Hearing Examiner having heard testimony on October 28, 2003 in the above referenced business license denial appeal for T. Yorozu Gardening Company, Inc., hereby ORDERS that the applicant, Mr. Kenneth T. Yorozu shall have 30 days to produce appropriate documents, pay stubs, accounting records, and any other documentation that show proof of business in the current location, as well as number of employees for as far back as are available, and deliver them to the City of Tukwila on or before end of business on November 28, 2003. ORDERED THIS 64' day of November, 2003. FRED J. KA • N HEARING E 4• MINER TRANSMITTED THIS 66 day of November, 2003 to the parties of record: Joe Schultz, Assistant City Attorney City of Tukwila 6300 Southcenter Blvd Tukwila, WA 98188 Kenneth T. Yorozu 26639 SE 18`h Street Sammamish, WA 98075 Brandon Miles Commercial Development City of Tukwila 6300 Southcenter Blvd. Tukwila, WA 98188 T. Yorozu Gardening Co., Inc. 13335 32nd Avenue S. Tukwila, WA 98168 -3957 TRANSMITTED THIS 6th day of November, 2003 to the following: Steven M. Mullet, Mayor Rhonda Berry, Acting City Administrator Kathy Stetson Code Enforcement Officer City of Tukwila 6300 Southcenter Blvd. Tukwila, WA 98188 City of Tukwila Steven M. Mullet, Mayor Departmr,,nt of Community Development HEARING DATE: STAFF CONTACT: FILE NUMBER: APPLICANT: REQUEST: LOCATION: RECOMMENDATION: ATTACHMENTS: I. Background Staff Report To the Hearing Examiner City of Tukwila Steve Lancaster, Director October 28, 2003 Brandon J. Miles, Assistant Planner L03 -054, RFA03 -131 Kenneth T. Yorozu Relief from Notice of Denial 13335 32nd Avenue South Affirm the City's Decision to Deny the Business License Application A. Copy of City of Tukwila Business License Application B. Letter from City Clerk's Office, dated August 18, 2003. C. Letter from applicant requesting an appeal D. Washington State Contractor Information E. Day Time Photos of the Site F. Night Time Photo of the Site G. Chapter 18.10, Tukwila Municipal Code H. Section 18.06.430, Tukwila Municipal Code. I. June 30, 2003 letter from the City of Tukwila J. Phone Directory from Whitepages.com K. Documentation submitted to the City on October 22, 2003 regarding non - conforming status. L. Sections of King County's Code governing home occupations On May 16, 2003 the City's Code Enforcement Officer noticed a large number of vehicles parked in front of 13335 32nd Avenue South. Upon investigation, the Code Enforcement Officer determined that the T. Yorozu Gardening Company was operating at the address. It was also determined that the business did not have a license to operate from the City of Tukwila in violation of City Code. The City Clerk's Office sent letters to the address informing the business that were in violation of City Code. On June 1, 2003, after the second letter, the applicant submitted for a City business license (Attachment A). On August 18, 2003, the City Clerk's Office, denied the business license for T. Yorozu Gardening (Attachment B). This denial was based on input from the Department of Community Development (DCD) that the use was not allowed in the Low Density Residential zoning, the use could 1 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665 not meet the definition of a home occupation, and the applicant had provided no documentation that they were vested with legal non - conforming status. On September 3, 2003, the City Clerk received a letter from Mr. Yorozu requesting an appeal of the decision (Attachment C). The letter provided no specific reason on how the City made a mistake in denying the business license. II. T. Yorozu Gardening Company, Incorporated The description of the business for T. Yorozu Gardening Company on the City business license was landscape gardening. A review of the Washington State Contractor's registry has the business licensed as a general contractor (Attachment D). On the City business license, Mr. Yorozu noted that the total number of employees at the location was 11. In addition, fees for a business license are based upon the total number of employees working at the business. Mr. Yorozu paid $100, which is the fee for businesses that employs between 6 and 100 employees. Kenneth T. Yorozu, of Sammamish, is listed as the President of the company. David S. Yorozu of Seatac, is listed as the Vice President of the company. According to the applicants the business has been in operation since 1948. A visual survey of the property found a large number of cars parked outside of the property. There are also pipes, wooden pallets, and other items stored in the front of the property that are visible from the road (Attachment E). At night a large number of trucks are parked in the driveway (Attachment F). The City would classify the business as a contractor storage yard. III. Zoning The property at 13335 32nd Avenue South is zoned Low Density Residential (LDR). The intent of the zoning, according to the City's Zoning Code, "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 ". The surrounding land uses are single family homes. The permitted uses in the district do not include commercial businesses. In order for this business to operate at this location it must be considered a home occupation. Section 18.06.430 of the Tukwila Municipal Code defines a home occupation 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 place is largely incidental to the occupation carried on by a resident of the dwelling, 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 occupation 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. (Attachment H) 2 The above conditions are interpreted to mean at a minimum that: A. Employees do not come to the property on a daily or weekly basis. B. No more than one work car will be parked on or near the property at any one time C. Outside storage of materials will not occur D. Customers do not come to the premise (with the exception of day care centers) E. The interior of the premises appears to be primarily to be residence. F. The business operator visits customers at their location. This information is on the back of the City of Tukwila business license application that Mr. Yorozu submitted. Mr. Yorozu signed the part of the application indicating that he had read the information regarding operation of a home occupation. On June 27, 2003 City staff observed the property in question. On this date there were a large number of vehicles parked on the street next to the property. This was highly out of character with the other houses along 32nd Avenue. All of the vehicles were registered at locations outside of the City. When the property is observed in the evening hours the private vehicles parked along the road on gone, but a large number of white trucks are parked on the property. The property has been observed numerous times and the observations made on June 27, 2003 were made on these subsequent visits. In a letter dated June 30, 2003, the Department of Community Development asked Mr. Yorozu how he intended to meet he conditions of operating a business as a home occupation (Attachment 1). The City informed him that it appeared that he did not meet conditions one, three, five, and six. IV. The Use is Not Permitted in the Zone The Low Density Residential Zoning is not intended for commercial operations. Commercial operations are specifically excluded from all residential zoned area, for obvious reasons. Commercial operations have a negative impact on single - family dwellings, this includes, noise, hours of operations, traffic, and aesthetic impacts. The daytime photos of Mr. Yorozu's property demonstrate why commercial uses are not allowed in residential areas. • There are nine vehicles parked along the roadway • There are two work trucks parked in the driveway and six in the evening • There is a large amount of piping material stored on the property • Pallets are stacked along the edge of the property line and are as tall as the house • In the driveway there is sod layer parked next to the trucks • A portable bathroom is being stored on site The nighttime photos also indicate why commercial operations such as this are excluded from residential districts. • A large number of work trucks are parked in the home's driveway. Note that Mr. Yorozu signed the business license application after agreeing that only one work car would be parked outside of the house. 3 V. The business cannot be considered a Home Occupation The City allows home occupations within all residential zonings of the City. Yet, home occupations are intended to be incidental to the primary use of the building. The definition of home occupation in TMC 18.06.430 is clear about the standards that have to be met in order for a business to qualify as a home occupation. Mr. Yorozu business does not meet the definition of a home occupation r th 1. In order for the business to be considered a home occupation the applicant must reside at the btzsi essr -- On the business license Kenneth Yorozu has his home address listed in Sammamish and David Yorozu has his home address listed in Seatac. This is confirmed by a search of whitepages.com (Attachment J). The property at 13335 32nd Avenue South is essentially their place of business, not their residence. King County Assessor's data has the owner of the property being William Yorozu. 2. The home occupation definition notes that there shall be no change in the outside appearance of the surrounding residential development. These conditions have not been met. Employee vehicles are parked along the street and outside storage of materials is taking place. The photos submitted clearly show that the outside appearance of the house is out of character with the surrounding homes. Observation of the property during evening hours showed a large number of contractor trucks on the property. The business license that Mr. Yorozu signed noted that a home occupation was not permitted to have more than one work car parked on or near the property at any one time. The business does not meet this requirement. 3. The applicant has noted that he has 11 employees at the location. At a minimum 22.trips are generated per working day. That number just includes the employees coming and going to work. It does not include employees going to and from work sites, returning for supplies and deliveries that might be made to the premises. The City's definition of a home occupation clearly states that such traffic shall not create a nuisance. The business license which Mr. Yorozu signed states employees do not come to the property on a daily or weekly basis, this is not taking place. 4. Section 18.06.430 (5) states that a home occupation may not employ more than one person who is not a resident of the dwelling. The business license application states that 11 employees are employed by the business. Thus, the business does not meet this requirement of the home occupation definition. 5. All parking for a home occupation must be off - street (TMC 18.06.430 (5)). Parking for the business is currently along 32nd Avenue in the City's right -of -way. The business license application, that Mr. Yorozu signed, states that no more than one work car will be parked on or near the property at any one time. At the property in question over a half dozen cars are parked along the street and a large number of contractor trucks are parked on the property in the evening. Mr. Yorozu business does not meet the City's definition of a home occupation and thus cannot be granted a business license. 4 VI. Non - Conforming Issue The applicant stated on his business license that the business has been in operation since 1948. Yet the applicant provided no documentation to show that the business was operation at that time. The City annexed this area in the early 1990s. Prior to that it was under the jurisdiction of King County. In the June 30, 2003 letter, the City asked for documentation that would show that the business was legally established and operating at its current intensity prior to the City's annexation. The City gave the applicant two weeks to provide the documentation. In mid -July the applicant called and was given an extension to August 1, 2003. The City held off on making a decision on the business license until August 18, 2003, waiting for the applicant to submit the requested information. On October 22, 2003, the applicant submitted information regarding continuation of a non - conforming use (Attachment K). The material submitted included City of Seattle Business License information, Washington State Master License issued by the Department of Licensing, and a canceled check. The information does show that the business was operation at the address prior to annexation, yet it does not demonstrate that the business met the zoning standards of King County. The documents provided are from state and local agencies that did not have land use authority over the property. Prior to the early 1990s this area was under the jurisdiction of King County. Thus, the business would have had to meet King County County's land use regulations. Staff received a copy of King County's Code that would have governed the property prior to annexation (Attachment L). Under King County, the property had been zoned residential and the use, a contractor storage yard, was not a permitted use in the zone, there is no evidence of a special permit granted, nor would the business have met King County's home occupation requirements. King County defined a home occupation "[as] any activity undertaken for gain or profit and carried on in a dwelling, or building accessory to a dwelling, by a member or members of the family residing in the dwelling." A home occupation at that time must have met the following criteria as laid out in King Code section 21.08.030 -L: 1. Is carried on exclusively by a member or members of a family residing in the dwelling unit, 2. Is clearly incidental and secondary to the use of the property for dwelling purposes with the floor area devoted to the home occupation not exceeding twenty percent of the living area of the dwelling unit, 3. Has no display or sign not already permitted in the zone, expect that a home occupation which is conducted by a person who is medically certified as permanently disabled, and which is located on a state highway, may have a sign no larger than 24 square feet, 4. Has no outside storage nor other exterior indication of the home occupation or variation from the residential character of the property, 5. Does not require truck delivery or pickup, nor the installation of heavy equipment, large power tools or power sources not common to a residential dwelling, 6. Does not create a level of noise vibration, smoke, dust, odors, heat or glare beyond that which is common to residential area, 7. Does not create a level of parking demand beyond that which is normal to a residential area, 8. Does not include automobile, truck or heavy equipment repair, body work or painting; nor parking or storage of heavy equipment including trucks of over one -ton load capacity; nor storage of building materials such as lumber, plasterboard, pipe, paint, and the like, for the use on other premises; 9. All sales shall be an incidental use. The business has not been operated in compliance with King County requirements for home occupations. 1. King County's Code clearly states that the person operating a home business, must reside in the residence. As noted, the applicant does not reside at the residence. In violation of KCC 21.080.0300 -L (1). In addition, King County's Code did not allow home occupations to employ individuals who do not reside at the property. 2. King County's Code notes that there shall be no outside storage of materials. This is not occurring at the property. The photos submitted by the City show a large amount of outdoor storage on the property, in violation of KCC (21.08.030 -L (4). 3. Per KCC 21.08.030 -L (7), parking for the home occupation is not allowed to be a number beyond what is normal in a residential neighborhood. The applicant noted that that he employs 11 employees. The photos submitted show the large number of private vehicles that are parked along the City's right of way. 4. The applicant is currently storing a large amount of materials on the property. Under King County's Code this would not have been allowed (KCC 21.08.030 -L (8). The City concurs the use was operating in the 1980s before the City of Tukwila annexed the area. Yet, by applying King County regulations that were in affect at the time, the home occupation would not have been permitted. The burden of proof in establishing that a use is legally non - conforming lies with the applicant. The applicant has failed to provide any documentation demonstrating that the use, at its current intensity, met the applicable land use regulations governing the property. VII Conclusion The City's decision to deny the business license was based upon the following: 1. Contractor storage yards are not permitted in the Low Density Residential Zoning. 2. The business does not meet the definition and standards to be considered a home occupation. 3. The applicant has failed to provide any documentation showing that the use met the applicable zoning regulations of King County. VII Recommendation Based on the foregoing, the Hearing Examiner should deny the appeal of the business license denial. City of Tukwila 6200 Southcenter Boulevard Tukwila, Washington 98188 -2599 206- 433 -1800 Applica‘eon for 2003 City Business License FILL OUF'THIS FORM '!NITS ENTIRETY INCOMPLETE APPLICAT1ONSkMILL NOTr'BE:ACCEPTE This is an APPLICATION ONLY, and NOT a license to conduct business. You must obtain a business license PRIOR to conducting business. ALL LICENSES EXPIRE DECEMBER 3151 OFFICE USE ONLY: : Date: co_ _, Cash �G Check No.:3�lop -5 1 Paid: Building: ❑ Building /sign permit attached Police: Received byre Receipt No.: 19-0 Planning: Zoning designation: 1.-1D(7- Fire: Date issued: 2003 License No.: WA State Sales Tax N or UBI number (9 digits): C Z c1 5 e' 1 Application Date: 6' 1 j ]o-3 Business License: ,RENEWAL • NEW Business Name T'" •c,Y'c.iLLk Cfa•rd,,i1 ,,„1 (,, ..i 1p, . Local Street 1 3 3 '1, 7 - .3 Z ' - /to: ' c " S . Address tk1:• !1 '� . (.ti (I • Cfgf6£' -'�ci1 ) (Be sure to include zip code+ 4 -digit extension) Local PO box & zip, if applicable Corporate Address, if different from local: Business Phone (include area code)(•z4.6) 2.4z _ 1 1 L L Corporate Phone: Local manager (include name and home phone): K4 iA v1 tl 4- Yc; 4 °•z._ 1.■ C. 41.2. s) 4 2.1 - '3 40 ct Indicate ownership status: ❑ Individual ❑ Partnership ❑ LLC ❑ Corporation ❑ Non - profit List owners/ partners/ officers: Title Home Address City /State/Zip Phone Date of Birth p c t : +1„ Si" 1,4- Lrvovl�+.hi gh(4ZT)4Z7 8, '7'cy ?ei 1`'1 /S'C ii C,..( .. S U. 352- 5 Iet 8'z, `')- ‘:?liLtv+t (2-'4) )U - f2.i; b'I I*S -Y Is your Door -to -door solicitation/peddler? ,4)10 ❑ Yes business: Telephone solicitation? No ❑ Yes . Contractor based outside City? C�No .❑ Yes If "Yes'; show jobsite address in space below Operated from your Tukwila residence? (No ❑ Yes If "Yes'; read information on reverse side and sign Any gambling and/or gambling devices on premises? • No ❑ Yes Any amusement devices on premises? G�No 0 Yes If "Yes °, number of devices: Description of business (give details; also, list types of products sold or stored): C h ar/h ,1s G 1� tl? �y _ e �, ri Will retail sales be conducted? - ❑ Yes ,Z'No Size of floor space used: sq. ft. Original opening date of business in Tukwila: G �L ( + -T i Total employees at Tukwila location, including owners and managers: I ( Full -time: Part-time: Number of employees Wholesale:.r,l d in each type of employment: Office: 'Z, Retail: Manufacturing: Warehousing: Other: Do you use /store /discharge flammable, hazardous, or biohazardous materi J No ❑ Yes If "Yes ", s t a t e type and quantity: s? Local Emergency Coptacts: Phone 1.12c- .... `A ` ' Y°`' -° -i.� CLe c 1? 7 v S ' I Z c:, a Ke in .xe {-1.. 1. Yv n -LA.— (2,s7 1- Z 7 — k ..t 0 cy, Are you PRESENTLY doing any: construction or remodeling? ZN o ❑ Yes installation of commercial storage racks? G/No 0 Yes installation of new signage or changes in existing signage? Z'No ❑ Yes If Yes y Appropriate building permits MUST be obtained prior to start of construction or rack installation. Separate sign permits required. Copies of the final approved permits MUST accompany this application. Show 2002 City of Tukwila Business License # If Renewal ■ If business name has changed in past year, list former name: Is your business use different than the previous use of If New Business this building/space? ❑ Yea ❑ No No. of CTR "affected employees" at the site for which this business license application is filed: (Road CTR infonnatlnn on iouorco cider) H you are a new building owner or planning to sell a building — please note fire alarm installation provisions on reverse side OFFICE USE ONLY: : Date: co_ _, Cash �G Check No.:3�lop -5 1 Paid: Building: ❑ Building /sign permit attached Police: Received byre Receipt No.: 19-0 Planning: Zoning designation: 1.-1D(7- Fire: Date issued: 2003 License No.: WA State Sales Tax N or UBI number (9 digits): C Z c1 5 e' 1 I certify the information contained herein is correct. I understand that any untrue statement is cause for revocation of my license. Signature:; Print Name: 6 'Art i"C� a• 1.,ZGl ((LI L, Title /Office: ID LICENSE FEE (based on ❑ 0 to 5 $5 , - number of employees) 6 to 100 100.00 CHECK ONE 'o 0 101 and above 0:O0-- Please return completed application with fee to Tukwila City Hall at addre ATTACHMENT A `AUTOMATIC FIRE :ALA' INSTALLATION`. N.OTI.CE:,.; (for new building owners ,those planning to sell a building in Tukwila) As required by Tukwila Municipal Code (TMC) 16.40.090(5): when sold, existing commercial, 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 16.40.110B. CTR :INFORM'ATION ( "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.) Please indicate the number of your affected employees in the space provided on the front of this application. If you need more information about Tukwila's Commute Trip Reduction Program, please contact the Commute Trip Reduction Coordinator at 206 - 431 -3670. 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 Tukwila Police Department Crime Prevention Unit. THIS: AREA ,IS: TO BE''.COM'PLETED ;ONLY -BY APPLICANTS WITH HOME' OCCUPATION' 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. • Nn mnrp than ono work rar will be parkeri 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 daycares). The business operator visits customers at their location. The interior of the premises appears primarily to be a residence. IAs 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. e /I/6 3 / Aignnaa ure J)JX /h / • Print Name PKe�5 % Cle-/1 Cc11 z_e G� Title /Position Business Name and Address: L(C2oZl.'\ l.iar'C(ev.1/L Co . I 35- -5Z "' fie. S. 4t,)1.1 a &LVA . 1 816 6 City of Tukwila Pv-t 54_4-5 o 6200 Southcenter Boulevard • Tukwila, Washington 98188 August 18, 2003 Kenneth T. Yorozu T. Yorozu Gardening Co., Inc. 13335 — 32 "d Avenue South Tukwila, WA 98168 -3957 StevElllRyor AUG 2 6 2003 COMMUNITY DEVELOPMENT VIA CERTIFIED MAIL 7002 2410 0004 6341 2932 Return Receipt Request RE: NOTICE OF NON - ISSUANCE — 2003 TUKWILA BUSINESS LICENSE Dear Mr. Yorozu: This letter will serve as a Notice of Denial that your application for a 2003 Tukwila Business License for your business located at 13335 — 32nd Avenue South, has been denied under Tukwila Municipal Code 5.04.111 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 application and found that your proposed business is currently zoned as Low Density Residential (LDR). In order for your business to be located at the above address, it must quality as a home occupation. The City defines a home occupation 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 place is largely incidental to the occupation carried on by a member of the family residing with the dwelling place." The following conditions must be met by all home occupations: 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 that 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. 6. An off - street parking space shall be made available for any non - resident employee. On June 27, 2003, City staff witnessed a significant number of vehicles (11) parked on the street near the property; the same number of employees reported to work for your ATTACHMENT B Phone: 206 - 433 -1800 • City Hall Fax: 206 - 433 -1833 • 1 • business. This is out of compliance with the rule that home occupations are only permitted to have one employee who is not a residence of the dwelling. In conclusion, the business license application is being denied as: 1. The use must meet the standards as a home occupation under section 18.06.430 and 18.10 2. The applicant has failed to provide previously requested documentation regarding legal, non - conforming use. For these reasons, you are hereby advised it is illegal to conduct business in the City of Tukwila without a current business license. You may appeal this Notice of Non - Issuance to the Hearing Officer, provided that the appeal is made in writing and filed with the Office of the City Clerk within ten (10) days from the date of receipt of the Notice of Non - Issuance. Failure to appeal within the prescribed timeframe shall constitute a waiver of all rights to any additional administrative hearing or determination on the matter (TMC 5.04.110(b)). Should you have questions regarding the reason for denial, please contact Assistant Planner Brandon Miles at (206) 431 -3684. For questions regarding the business license application, please contact the City Clerk's Office at 206 - 433 -1800. Sincerely, H 13a. Robert H. Baker, CMC Deputy City Clerk xc: Kenneth Yorozu, Applicant J. Cantu, City Clerk M. Kenyon, City Attorney B. Miles, DCD K. Stetson, Code Enforcement B. Saxton, Adm. Suppt. Tech. T Yorozu Gardening Co. Landscape /Irrigation Contractor September 2, 2003 Office of the City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 RECEIVED SEP 0 3 2003 CITY OF 1 "UKWILA CITY CLERK RE: Appeal of Notice of Non - Issuance — 2003 Tukwila Business License I would like to appeal the non issuance of our application for a business license to the City of Tukwila. Please contact me if you have any questions at (206)660 -7706. Sincerely, Kenneth T. Yorozu Dwes-- ATTACHMENT C 13335 32nd Ave. So, Tukwila, Wa, 98168 -3957 ph (206) 242 -7700 fax (206) 433 -0584 LICENSE DETAIL INFORMATION Form Page 1 of 2 STATE OF WASHINGTON DEPARTMENT OF LABOR AND INDUSTRIES Specialty Compliance Services Division P. O. Box 44000 Olympia, WA 98504 -4000 THE RESULT OF YOUR INQUIRY FOR LICENSE NUMBER SELECTED IS: LICENSE DETAIL INFORMATION Current Filter: None Registration# or License TYOROGC99OBT Name T YOROZU GARDENING CO INC Address 13335 32ND AVE S Address City TUKWILA State WA Zip 981683957 Phone Number 2062427700 Effective Date 1/30/2001 Expiration Date 10/19/2004 Registration Status ACTIVE Type CONSTRUCTION CONTRACTOR Entity CORPORATION Specialty Code GENERAL Other Specialties UNUSED UBI Number 602058696 *VIEW CROSS REFERENCE FILE FOR THIS LICENSE* * * *VIEW PRINCIPAL OWNER(S) FOR THIS LICENSE* * * *VIEW CONTRACTOR BOND /SAVINGS INFORMATION * * * *CHECK INQUIRY FOR SUMMONS AND COMPLAINTS* * * * VIEW CONTRACTOR INSURANCE INFORMATION * * * ' ATTACHMENT D New inquiry by CITY , NAME , PRINCIPAL OWNER NAME , LICENSE , UBI NUMBER , check the L &I Contractor Industrial Insurance Premium Status or return to the L &I Construction Compliance Home Page iittre• / %:nvel x:ro nnc7 /lr;/1.61.ir/Trr")T - -r., norn ;..n„on— TVl1D(Int-go()nnT 1 ATh1/')AA ATTACHMENT E ATTACHMENT F TM-Cl/VILA MUNICIPAL CODE -- Chapter 18.10 LOW DENSITY RESIDENTIAL (LDR) DISTRICT Sections: 18.10.010 18.10.020 18.10.030 18.10.040 18.10.050 18.10.055 18.10.057 18.10.060 Purpose Permitted Uses Accessory Uses Conditional Uses Unclassified Uses Design Review Maximum Building Footprint Basic Development Standards 18.10.010 Purpose This district implements the Low Density Residen- tial Comprehensive Plan designation, which allows a maximum of 6.7 dwelling units per net acre. It is intended to provide low density family residential areas together with a full range of urban infrastructure services in order to maintain stable residential neigh- borhoods, and to prevent intrusions by incompatible land 'uses. Certain LDR properties are identified as Commercial Redevelopment Areas (see Figures 18 -9 or 18 -10) to encourage aggregation with commercial properties that front on Tukwila International Boule- vard. Aggregation and commercial redevelopment of these sites would implement the Pacific Highway Revitalization Plan and provide opportunities to rede- fine and create more uniform borders between the commercial corridor and the adjacent residential neigh- borhoods. (Ord. 1865 §4, 1999; Ord. 1758 §1(part), 1995) 18.10.020 Permitted Uses The following uses are permitted outright within the LDR district, subject to compliance with, all other applicable requirements of the Tukwila Municipal Code. 1. Dwelling —. One detached single- family dwelling per lot. 2. Animal veterinary, including associated temporary indoor boarding; access to an arterial is required. 3. Public parks, trails, picnic areas and playgrounds, but not including amusement parks, golf courses, or commercial recreation. 4. In Commercial Redevelopment Area 4 (see Figures 18 -9 or 18 -10), the uses and development standards of the adjacent commercial zone are permitted and shall apply, subject to the specific criteria and procedures defined in TMC 18.60.060. 5. Shelters. (Ord. 1976 §17, 2001; Ord. 1865 §5, 1999; _ nrd_ 1.7.58 611Dart), 1995) Page 18 -24 18.10.030 Accessory Uses The following uses and structures customarily appurtenant to a permitted use, and clearly incidental to such permitted use, are - allowed within the LDR district. 1. Adult day care. 2. Accessory dwelling unit, provided: a. minimum lot of 7,200 square feet; b. accessory dwelling unit is no more than 33% of the square footage of the primary residence and a maximum of 1,000 square feet, whichever is less; - c. one of the residences is the primary residence of a person who owns at least 50% of the property, d. dwelling unit is incorporated into the primary detached single - family residence, not a separate unit, so that both units appear to be of the same design as if constructed at the same time; e. minimum of three parking spaces on the property with units less than 600 square feet, and a minimum of four spaces for units over 600 square feet; and E the units are not sold as condominiums. 3. Family child care homes, provided the facility shall be licensed by the Department of Social and Health Services Office of Child Care Policy and shall provide a safe passenger loading zone. 4. Garage or carport (private) not exceeding 1,500 square feet in floor area, provided it is located on the same lot as the principal use-and-4s subject to the regulations affecting the main building. 5. Greenhouses (noncommercial) and storage sheds not exceeding 1,000 square feet in floor area. 6. Home occupations. 7. Institutional uses such as hospitals, food banks, schools, or government. facilities may have two cargo containers per lot with approval as a Type 2 decision; criteria are listed at TMC 18.50.060. 8. Parking areas. 9. Private stable, if located not less than 60 feet from front lot line nor less than 30 feet from a side or rear lot line. It shall provide capacity for not more than one horse, mule or pony for each 20,000 square feet of stable and pasture area, but not more than a total of two of the above mentioned animals shall be allowed on the same lot. (Ord. 1989 §2, 2002; 1758 §1(part), 1995) 18.10.040 Conditional Uses The following uses may be allowed within the LDR district, subject to the requirements, procedures, and conditions established by the Conditional Use P ermits chapter of this title. 1. Bed and breakfast facilities, provided: a. the manager /owner must live on -site, ATTACHMENT G Printed January 2, 2003 TITLE 18 — ZONING b. the maximum number of residents, either permanent or temporary, at any one time is twelve, c. two on -site parking spaces for the owner and permanent residents and one additional on- site parking space is provided for each bedroom rented to customers, d. the maximum length of continuous stay by a guest is 14 days, e. breakfast must be offered on -site to customers, and f. all necessary permits or approvals are obtained from the Health Department. 2. Cemeteries and crematories. 3. Churches and community center build- ings. 4. Dormitories 5. Electrical substations -- distribution. 6. Fire and police stations. 7. Libraries, museums or art galleries (public). 8. Radio, television, microwave, cellular or observation stations and towers. district. 9. Recreation facilities (public) including, but not limited to, sports fields, community centers, and golf courses. 10. Schools, preschool, elementary, junior and senior high schools (public), and equivalent private schools. (Ord. 1976 §19, 2001; Ord. 1758 §1(part), 1995) 18.10.050 Unclassified Uses The following uses may be allowed within the Low Density Residential district, subject to the requirements, procedures and conditions established by the Unclassified Use Permits chapter of TMC 18.66, Unclassified Use Permits: 1. Landfills and excavations which the res- ponsible official, acting pursuant to the State Environ- mental Policy Act, determines are significant envi- ronmental actions. 2. Neighborhood stormwater detention and treatment facilities. 3. Stormwater pump stations. 4. Water utility reservoirs and related facilities. 5 Sewage lift stations. 6. Water pump stations. 7. Mass transit facilities. 8. Other uses not specifically listed in this Title which the Director determines to be: a. Similar in nature to other uses allowed through the unclassified use permit; b. Consistent with the stated purpose of the district; c. Consistent with the policies of the Tukwila Comprehensive Plan. (Ord. 1865 §6, 1999; Ord. 1816 §1, 1997; Ord. 1758 §1(part), 1995) 18.10.055 Design Review Design review is required for developments in a Commercial Redevelopment Area that propose the uses and standards of an adjacent commercial zone. (See TMC 18.60, Board of Architectural Review) (Ord. 1865 §7, 1999) 18.10.057 Maximum Building Footprint The maximum total footprint of all residential structures located on a lot in the LDR District shall be limited to 35% of the lot area, provided: 1. The maximum footprint is reduced by 0.125% for each 100 square feet of lot area in excess of 6,500 square feet and less than 19,000 square feet; 2. The maximum footprint shall be 4,000 square feet for lots between 19,000 square feet and 32,670 square feet; 3. The maximum footprint shall be 5,000 square feet for lots between 32,760 square feet and 43,560 square feet; 4. The maximum footprint shall be 6,000 square feet for lots over 43,560 square feet; and 5. For lots less than 6,500 square feet in size, the maximum total footprint shall be the area defined by the application of the standard setback requirements set forth in the applicable Basic Development Standards, up to a maximum of 2,275 square feet. (Ord. 1971 §6, 2001) 18.10.060 Basic Development Standards Development within the LDR district shall conform to the following listed and referenced standards: LDR BASIC DEVELOPMENT STANDARDS Lot area, minimum 6,500 sq. ft. Average lot width (min. 20 ft. street frontage width), minimum 50 feet Setbacks to yards (minimum): • Front 20 feet • Front, decks or porches 15 feet • Second front 10 feet • Sides 5 feet • Rear 10 feet Height, maximum 30 feet Off- street parking: • Residential See TMC 18.56, Off- street Parking/Loading Regulations • Accessory dwelling unit See 18.10.030 • Other uses See TMC 18.56, Off - street Parking/Loading Regulations (Ord. 1971 §4, 2001; Ord. 1758 §1(part), 1995) TUKWILA MUNICIPAL CODE 18.06.365 Grade "Grade" (adjacent ground elevation) means the lowest point of elevation of the finished surface of the ground between the exterior wall of a building and a point five feet distant from said wall, or the lowest point of elevation of the finished surface of the ground between the exterior wall of a building and the property line, if it is less than five feet distant from said wall. In case walls are parallel to and within five feet of a public sidewalk, alley, or other public way, the grade shall be the elevation of the sidewalk, alley or public way. (Ord. 1758 §1(part), 1995) 18.06.370 Grading "Grading" means any excavating, filling, clearing, or the creation of impervious surface, or any com- bination thereof, which alters the existing surface of the earth. (Ord. 1758 §1(partl, 1995) 18.06.380 Groundcover " Groundcover" means trees, shrubs and any other plants or natural vegetation which covers or shades in whole or in part the earth's surface. (Ord. 1758 §1(part), 1995) 18.06.385 Hazardous Substance "Hazardous substance" means any liquid, solid, gas or sludge, including any material, substance, product, commodity or waste, regardless of quantity, that exhibits any of the characteristics or criteria of hazardous waste as defined by WAC 173 -303. (Ord. 1758 § 1(part/, 1995) 18.06.390 Hazardous Substance Processing or Handling "Hazardous substance processing or handling" means the use, storage, manufacture, production, or other land use activity involving hazardous substances. Hazardous substances processing and handling activi- ties do not include individually packaged household consumer products or quantities of hazardous sub- stances of less than five gallons in volume per container. (Ord. 1758 §1(part), 1995) 18.06.395 Hazardous Tree "Hazardous tree" means a tree with a structural defect or disease, or which impedes safe vision or traffic flow, or otherwise currently poses a threat to life or property. (Ord. 1758 §1(part), 199) 18,nF ann as ha') Pays 10— iL ATTACHMENT H e Y 18.06.405 Hazardous Waste Storage "Hazardous waste storage" means the holding of hazardous waste for a temporary period. Accumulation of waste on the site of generation is not storage as long as the storage complies with applicable requirements of WAC 173 -303. (Ord. 1758 §1(part), 1995) 18.06.410 Hazardous Waste Treatment "Hazardous waste treatment" means the physical, chemical, or biological processing of dangerous waste to make such wastes nondangerous or less dangerous, safer for transport, or amenable for energy or material resource recovery. (Ord. 1758 §1(part), 19957 18.06.415 Hazardous Waste Treatment and Storage Facility, Off -Site "Off -site hazardous waste treatment and storage facility" means the treatment and storage of hazardous wastes from generators on properties other than that on which the off -site facility is located. (Ord. 17.58 § 1(part), 1995) 18.06.420 Hazardous Waste Treatment and Storage Facility, On -Site "On -site hazardous waste treatment and storage facility" means the treatment and storage of hazardous wastes generated on the same site. (Ord. 1758 §1(part), 1995; 18.06.425 High Impact Environment "High impact environment" means the area between the low- impact environment and a point 200 feet landward from the mean high water mark. (Ord. 1758 §1(part), 1995) . 18.06.430 Home Occupation "Home occupation" means an occupation or pro- fession 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 resident of the dwelling place; provided, that: 1. There shall be no change in the outside appearance of the surrounding residential develop- ment; 2. No home occupation shall be conducted in any accessory building; 3. Traffic generated by such home occupa. tions 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 Printed January 2, 2003 6. An off-street parking space shall be made available for any non - resident employee. (Ord. 1974 §11, 2001; Ord. 1758 §1(part), 1995) 18.06.435 Hospital "Hospital" means .a building designed and used for the medical and surgical diagnosis, treatment and hous- ing of persons under the care of doctors and nurses. Rest homes, nursing homes, convalescent homes and clinics are not included. (Ord. 1758 §1(part), 1995) 18.06.440 Hotel "Hotel" means a building or portion thereof designed or used for the transient rental of five or more units for sleeping purposes. A central kitchen and dining room and accessory shops and services catering to the general public can be provided. Not included are institutions housing persons under legal restraint or requiring medical attention or care. (Ord. 1758 §1(part), 1995) 18.06.445 Impervious Surface "Impervious surface" means those hard surfaces which prevent or retard the entry of water into the soil in the manner that such water entered the soils under natural conditions prior to development; or a hard surface area which causes water to run off the surface in greater quantities or at an increased rate of flow from . the flow present under natural conditions prior to development. Such surfaces include, but are not limited to, rooftops, asphalt or concrete paving, compacted surfaces or other surfaces which similarly affect the natural infiltration or runoff patterns existing prior to development. (Ord. 1758 §1(part), 1995) 18.06.450 Infrastructure "Infrastructure" means the basic installations and facilities on which the continuance and growth of a community depend, such as roads, public buildings, schools, parks, transportation, water, sewer, surface water and communication systems. (Ord. 1758 §1(part), 1995) 18.06.453 Integrated Site "Integrated site" means a commercial or industrial zoned property for which a Binding Site Improvement Plan is being or has been approved and recorded. The site typically contains within it multiple tracts of land under separate leasehold or ownership, but functions as a single center. Characteristics of an integrated site includes commonly shared access, parking, utilities, signage and landscaping; the site is not bisected by a public or private street; and zoning and sign regulations are applied to the entire site, as if there were no interior property lines. Printed January 2, 2003 (Ord. 1834 §2(part), 1998) TITLE 18 — ZONING 18.06.454 Internet Data/Telecommunication Center "Internet data /telecommunication center" means a secure, climate - controlled facility with emergency backup power that contains internet data transmission and switching equipment and /or telecommunication transmission and switching equipment. This equip- ment may include computer network routers, switches and servers for one or more companies. (Ord. 1974 §1, 2001) 18.06.455 Isolated Wetlands . "Isolated wetlands" means those wetlands which: 1. Are outside of and not contiguous to any lake, river or stream, in accordance with current State and federal regulations; and 2. Have no contiguous hydric soil and hy- drophytic vegetation between the wetland and any regulated surface water. (Ord. 1758 §1(part), 1995) 18.06.460 Junk Yard "Junk yard" means a lot, land or structure, or part thereof, used for the collection, storage and sale of waste paper, rags, scrap metal or discarded material; or for the collecting, dismantling, storage, salvaging and sale of parts of machinery or vehicles not in running condi tion. (Ord. 1758 §1(part), 1995) 18.06.465 Kennel "Kennel" means a place where four or more dogs or cats or any combination thereof are kept. (Ord. 1758 §1(part), 1995) 18.06.470 Laboratory, Medical and Dental "Medical or dental laboratory" means premises devoted to sample testing or product development in any branch of medicine or dentistry, including the application of scientific principles in testing, analysis, or preparation of drugs, chemicals or other products or substances but specifically excluding the commercial manufacturing or storage and distribution operations in excess of 20,000 square feet of floor area. (Ord. 1758 §1(part), 1995) 18.06.473 Land Surveyor "Land surveyor" means an individual registered in accordance with the provisions of RCW 18.43 and licensed to perform land surveys in the State of Washington. (Ord. 1834 §2(part), 1998) 18.06.475 Land - Altering Activity "Land- altering activity" means any activity that results in change of the natural cover or topography, as defined in TMC 16.54, Land Altering. (Ord. 1758 §1(part), 1995) June 30, 2003 City of Tukwila Department of Community Development Mr. Kenneth T. Yorozu T. Yorozu Gardening Co. Inc 13335 32nd Ave S Tukwila, WA 98168 -3957 RE: Business License Application Dear Mr. Yorozu: Steven M. Mullet, Mayor Steve Lancaster, Director The City of Tukwila's Planning Department received your business license for the above address on June 27, 2003. The address is currently zoned as Low Density Residential (LDR). In order for your business to locate at the above address it must qualify as a home occupation. The City defines a home occupation 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 place is largely incidental to the occupation carried on by a member of the family residing with the dwelling place ". The following conditions must be met by all home occupations: 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. City staff noticed that there are a significant number of vehicles parked on the street near the property. On June 27, 2003, City staff noticed that there were a total of 11 automobiles parked on the street. This was highly out of character with the surrounding houses on the street. At about 5:30 PM that same day, City staff noticed that most of the vehicles were gone. This leads staff to believe that the vehicles were employees associated with the business and not residents of the house. In addition, you have noted that there are 11 employees associated with the business. As noted above, home occupations are only permitted to have one employee who is not a residence of the dwelling. ATTACHMENT 1 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington -3665 It appears to City staff that the home occupation is unable to meet conditions number one, three, five, and six. Please respond, in writing, as to how the above conditions will be met. In the business license application it was noted that the business has been operating since 1948. Has the business the business always been located at the above address? If the business has been operating there please provide documentation that at time of annexation the property was legally allowed by King County at the current intensity. Please respond to this letter within two weeks of receipt of this letter. Unless additional information is submitted to the City for review the business license application will be denied. If you have any questions, please feel free to call me at (206) 431 -3684 or email me at bmiles@ci.tukwila.wa.us. I3tan J. Miles Assistant Planner cc. City Clerk's Office WhitePages.com - Online Directory Assistance Page 1 of 3 The first Name in Directory Assistance Escape Now. AWelcome! Please Login or Register Now for new useful featur FIND A PERSON FIND A BUSINESS REVERSE PHONE REVERSE ADDRESS AREA & ZIP CODES BUSINESS USE Arthur S Yorozu Public Records Search! Sponsored Links Search Information: Searched terms: "Yorozu, WA" New search 1 Modify search 1 Printer - Friendly GlobalTracer Skip 8 Total Results Search took 0.17 seconds Tracing Nationwide Skip - Limit Results by First Initial: 'Select Letter BIM Sort Results by: 'Select Sorting �� sort Tracing Nationwide Process Serving globaltracer.com Yorozu, Arthur S 6030 51st Place S Seattle, WA 98118 -(206) 725 -3047 ArthurS Yorozu Is In Our Database! Click Here Did you go to school with Arthur S Yorozu? Arthur S Yorozu - More Info Available - Click Here! %i more below »1 /8 More Info for Arthur S Yorozu E -mail to Friends Map this Location Send Fresh Flowers Advanced People Search People Search First Criminal Check Last Property Search l L__ __-71 I__! More Options • Death Records • Address Finder • Public Records • Unlisted Numbers • Reverse Lookup • Neighbors • Search By Age • Satellite Photo Powered by Iniollus.com Add to Address Book Save to Outlook® Search by Aae Yorozu, David S 3524 S 198th St Seatac, WA 98188 (206) 870 -8126 David S Yorozu Is In Our Database! Click Here Did you go to school with David S Yorozu? David S Yorozu - More Info Available - Click Here! lit Find School Friends more below CO » 2 / 8 More Info for David S Yorozu E -mail to Friends Map this Location ATTACHMENT J Add to Address Book Save to Outlook® Need to Find Someone? Use Your Computer To Investigate Anyone with Web Detective. aff. www. Web- Detective.con Searching for Someone? Locaters Plus People Search Services can find anyone, anywhere www.locatersplus.net Dogpile People Search Search the Web, Yellow Pages, White Pages, Map: & More! www.dogpile.com httrx• / /xxnxnx, xxrhitarxamac r vritlh —1 Rrnama heroine 111/f2 /')11112 WhitePages.com - Online Directory Assistance • Yorozu, William S 13335 32nd Ave S Tukwila, WA 98168 (206) 242 -3198 William S Yorozu Is In Our Database! Click Here Did you ao to school with William S Yorozu? William S Yorozu - More Info Available - Click Here! Yorozu, Yae 13335 32nd Ave S Tukwila, WA 98168 (206) 242 -3198 Yae Yorozu Is In Our Database! Click Here Did you go to school with Yae Yorozu? Yae Yorozu - More Info Available - Click Here! Send Search Find Fresh by School Flowers Age Friends »718 More Info for William S Yorozu E -mail to Friends Map this Location Add to AddressBook Save to Outlook® Send Search Find Fresh by School Flowers Age Friends »8 /8 More Info for Yae Yorozu E -mail to Friends Map this Location Add to Address Book Save to Outlook® Send Search Find Fresh by School Flowers Age Friends Limit Results by First Initial: (Select Letter 14 uml l Sort Results by: !Select Sorting /J sort, I HOME I FAQ I ABOUT US I ADVERTISING I AFFILIATE PROGRAM 6 PRIVACY 9B80aLwa Page 3 of 3 141 WhitePages Copyright © 1996-2003 WhitePages.com. All rights reserved. Privacy policy and Terms under which this service is provided to you. 1 PEOPLE SEARCH 1 BUSINESS SEARCH 1 AREA CODES 1 ZIP CODES 1 PHONE APPENDING 1 ADDRESS APPEND 1 .,+...ii.. m.....,i,: +essneror. A D ,,,,9 1 ninQi1nn1 WhitePages.com - Online Directory Assistance Yorozu, Henry K 5419 S Prentice St Seattle, WA 98178 (206) 722 -0721 Henry K Yorozu Is In Our Database! Click Here Did you no to school with Henry K Yorozu? Henry K Yorozu - More Info Available - Click Here! Yorozu, J 85 Golden Lane Yakima, WA 98908 (509) 972 -4142 J Yorozu Is In Our Database! Click Here Did you go to school with J Yorozu? J Yorozu - More Info Available - Click Here! Yorozu, Judy 7543 17th Ave NW Seattle, WA 98117 (206) 782 -6013 Judy Yorozu Is In Our Database! Click Here Did you go to school with Judy Yorozu? Judy Yorozu - More Info Available - Click Here! Yorozu, Kenneth T & Jeanne 26639 SE 18th St Issaquah, WA 98075 (425) 427 -8404 Kenneth T & Jeanne Yorozu Is In Our Database! Click Here Did you no to school with Kenneth T & Jeanne Yorozu? Kenneth T & Jeanne Yorozu - More Info Available - Click Here! Send Fresh Flowers Search Find bX School Age Friends » 3 / 8 More Info for Henry K Yorozu E -mail to Friends Map this Location Add to Address Book Save to Outlook® Send Search Find Fresh by School Flowers Age Friends Send Fresh Flowers Send Fresh Flowers » 4 / 8 More Info for J Yorozu E -mail to Friends Map this Location Add to Address Book Save to Outlook® Search py Age let Find School Friends » 5 / 8 More Info for Judy Yorozu E -mail to Friends Map this Location Add to Address Book Save to Outlook® ler Find School Friends Search lay Age »6/8 More Info for Kenneth T & Jeanne Yorozu E -mail to Friends Map this Location Add to Address Book Save to Outlook® Page 2 of 3 1- f1 a 1(JAQ / ')n111 T. YOROZU GARDENING CO., Inc. LANDSCAPE DESIGNER AND CONTRACTOR 13335 -32ND AVENUE SOUTH TUKWILA, WASHINGTON 98168 -3957 PHONE (206) 242 -7700 FAX: (425)427 -8405 FAX TRANSMISSION COVER SHEET TO: City of Tukwila — City Attourny RE: T. Yorozu Gardening Co. documents ATTENTION: Joe Schultz NO. OF PAGES: 14 (Including This Page) FROM: KEN YOROZU DATE OF TRANSMISSION: 10/22/03 FAX NUMBER: 206-433-7143 SPECIAL INSTRUCTIONS /INFORMATION /COMMENTS: If you have any questions regarding the material sent, please con't hesitate to call. (206)660 -7706. Thank you for your help and interest in this matter. Sencerely, Kenneth T. Yorozu President IF ANY OF THE ABOVE NUMBER OF PAGES HAS NOT BEEN RECEIVED CALL (206) 660 -7706 IMMEDIATELY. ATTACHMENT K eaa.: i n an 72 1On STATE OF WASHINGTON MASTER LICENSE ORGANIZATION TYPE SOLE PROPRIETORSHIP YOROZU, WILLIAM S YOROZU, YAE T YOROZU GARDENING CO 13335 32ND AVE 5 SEATTLE WA 98168 MASTER LICENSE NUMBER YO- RO- ZU- S2-07NU 001 EXPIRES: 01 -31 -88 By authority of RCW Chapter 19.02 (Chapter 319, Laws of 1977), 1 certify that the above entity is duly registered and is licensed to conduct business in those areas shown below. Director, Department of Licensing TAX REGISTRATION INDUSTRIAL INSURANCE UNEMPLOYMENT INSURANCE !NURSERY WHOLESALER -C DEPARTMENT OF LICENSING, BUSINESS LICENSE SERVICES, OLYNIPIA, WA 98504 TOLL FREE 800- 562 -8203 I206f 7F2 -44tH • S�'!�' i::'rm ` Y*L'�Qc2�:.,....�:AA•SAi'::'°' 2" i�...;: r:.::: a�T `2i.:a�l:•Xi..asa.:R". ('r```> STATE OF WASHINGTON MASTER LICENSE SERVICE REGISTRATIONS AND LICENSES UNIFIED BUSINESS ID #: 602 058 696 BUSINESS ID #: 001 LOCATION: 0001 EXPIRES : 08 -31 -2004 ORGANIZATION TYPE DOMESTIC PROFIT CORPORATION T. YOROZU GARDENING CO. 13335 32ND AVE S TUKWILA WA 98168 3957 TAX REGISTRATION INDUSTRIAL INSURANCE NURSERY WHOLESALER - C UNEMPLOYMENT INSURANCE The above entity has been issued the business registrations or licenses listed DEPARTMENT OF LICENSING. BUSINESS & PROFESSIONS DIVISION. Rat= 9004 OLYWZA 1NA98507 -90114 (360)669-1400 J^a� ..•, 1615d:-"""' yv. t^;^ sf. Tiri- E3"";„ y... A►. i��i5 �.',"'. °"'�'F�+6x'�'.f.. ^"+ Ld6" '• %......to•,T..i.':. ^�:-a^°!.. 0002125 AT r. 1- • . r. or 77 ZC]fl City of Seattle Customer #: 541737 State of Washington UBI #: 602058696 Tax period: Quarterly* Tax Reporting: Separate BUSINESS LICENSE Expiration Date 12/31/2001 * Tax returns due: Jan 31 Apr 30 Jul 31 Oct 31 IF you have not received a blank return within 20 days of a due date, contact the Revenue and Consumer Affairs office. T YOROZU GARDENING CO 13335 32ND AV S SEATTLE, WA 98168 Not Transferable Post Conspicuously 2 0 0 1 THE CITY OF SEATTLE REVENUE AND CONSUMER AFFAIRS 700 5th Avenue Suite 4250 Seattle, WA 98104 -5020 (206) 684 -8484 Fax (206) 684 -5170 email :rca.bizlictx @ci.seattle.wa.us BUSINESS MAILING ADDRESS: 541737 000 13 T YOPROZU GARDENING CO T YOROZU GARDENING CO 13335 32ND AV S SEATTLE, WA 98168 Business License Expiration Date: 12/31/2001 ona_ t i n on 77 .ann City of Seattle Customer #: 590 State of Washington UBI #: 178041105 Tax period: Quarterly* Tax Reporting: Separate EXPIRATION DATE BUSINESS LICENSE 12/31/2000 * Tax returns due: Jan 31 Apr 30 Jul 31 Oct 31 If you have not received a blank return within 20 days of a due date, contact the Revenue and Consumer Affairs office. BUSINESS LOCATION ADDRESS: YOROZU GARDENING 13335 32ND AV S SEATTLE, WA 98168 Not Transferable Post Conspicuously 8 THE CITY OF SEATTLE Business License 71 �, REVENUE AND CONSUMER AFFAIRS Expiration Date: 12/31/2000 600 4th Avenue, Room 103 Seattle, WA 98104 -1891 (206) 684-8484 Fax (206) 684 -5170 2 0 BUSINESS MAILING ADDRESS: O 0 590 000 6 * * * * * * * * * * ** *AUTO * *3 -DIGIT 981 YOROZU GARDENING YOROZU WILLIAM S 9252 37-1-244 13335 32ND AVE S SEATTLE WA 98168 -3957 11111•1, rlllllllrllllll• In rli rlr1rulr1rinrlrrlIrrlrlrrllnl ecu: / n cn 77 ton City of Seattle Customer #: 541737 State of Washington UST #: 602058696 Tax period: Quarterly* Tax Reporting: Separate BUSINESS LICENSE EXPIRATION DATE 12/31/2002 * Tax returns due: Jan 31 Apr 30 Jul 31 Oct 31 IF you have not received a blank return within 20 days of a due date, contact the Revenue and Consumer Affairs office. T YOROZU GARDENING CO 13335 32ND AV S SEATTLE, WA 98168 Not Transferable S Post Conspicuously 2 0 0 2 THE CITY OF SEATTLE REVENUE AND CONSUMER AFFAIRS 700 5th Avenue Suite 4250 Seattle, WA 98104 -5020 (206) 684 -8484 Fax (206) 684 -5170 email:rca.bizlictx@ci.seattle.wa.us BUSINESS MAILING ADDRESS: 541737 000 11 AUTO * *3 -DIGIT 981 T YOROZU GARDENING CO 13335 32ND AVE S SEATTLE WA 98168 -3957 1IiIuha uiIIuIIiuIiiIuulladinIiII 'u/Ii1'lu'IIIand 8241 32 -1 -278 Business License Expiration Date: 12/31/2002 onr • 1 n C•n 77 '1 Oft City of Seattle Customer #: 541737 State of Washington UBI #: 602058696 Tax period: Quarterly* Tax Reporting: Separate BUSINESS LICENSE EXPIRATION DATE 12/31/2003 * Tax returns due: Jan 31 Apr 30 Jul 31 Oct 31 IF you have not received a blank return within 20 days of a due date, contact the Revenue and Consumer Affairs office. T YOROZU GARDENING CO 13335 32ND AV S SEATTLE, WA 98168 Not Transferable Post Conspicuously THE CITY OF SEATTLE REVENUE AND CONSUMER AFFAIRS IOBUSINESSMAILINGADDRESS: 700 5th Avenue Suite 4250 Seattle, WA 98104 -5020 (206) 684 -8484 Fax (206) 6845170 email:rca.bizbctx @seattie.gov www.cityofseattle.netlrca/ 41737 000 11 AUTO * *5 -DIGIT 98168 YOROZU GARDENING CO 3335 32ND AVE S EATTLE WA 98168 -3957 21505 54 -2 -04 Business License Expiration Date: 12/31/2003 e..r.. 3 V •Nnn 4mETRD „ Municipality of Metropolitan Seattle Exchange Bldg. • 821 Second Ave., Seattle,Washington 98104 September 17, 1984 Mr. William S. Yorozu Yorozu T. Gardening Company 13335 - 32nd Avenue South Seattle, Washington 98188 W /MBE CERTIFICATION Dear Mr. Yorozu: Metro is pleased to notify you that YOROZU T. GARDENING COMPANY has been certified as a Minority Business Enterprise within the meaning and pursuant to the provisions of Metro Resolution No. 2833, as amended. Your firm will be listed in Metro's directory of Women, Minority and Disadvantaged Businesses under the general category of Consultant Engaged in Landscape Design and Contract Work. This letter and enclosed certificate provides interim authori- zation to prime contractors and Metro contracting departments to count your participation on Metro contracts toward the MBE utilization goals established for such contracts whenever it is determined that your business will perform a commercially useful function in the performance of such contracts. Certification by Metro must be renewed annually and may be reviewed by Metro at any time. The expiration of your firm's certification is August 31, 1985. Prior to the expiration date you must contact this office for recertification submittals. If there are any changes in the ownership, control or location of the firm during the certification period, you are required to notify this office immediately. Ver, trul y N thaniel R. Sanders, Sr. W /MBE and Contract Compliance Specialist NRS:aw Attachment onor,n en 77 2nn JOHN SPELLMAN Governor CAROLYN PATTON Director • STATE OF WASHINGTON OFFICE OF MINORITY AND WOMEN'S BUSINESS ENTERPRISES 406 South Water • MS: FK -11 • Olympia, Washington 98504 • (206) 753 -9693 • (SCAN) 234 -9693 November 30, 1984 Mr. Bill Yorozo T. Yorozo Gardening Company 13335 - 32nd Avenue South Seattle, Washington 98168 Dear Mr. Yorozo: We are pleased to inform you that the Washington State Office of Minority and Women's Business Enterprises has renewed your certification for State extracts as a Minority Business Enterprise. Your Certification Identification Number remains M4M0100085. It is vitally important that you retain your I.D. Number for frequent reference. This Office and other state agencies will identify your company by this number. Additionally, in future communications with this Office and/or other state agencies, it will be necessary for you to provide this number. Fbr purposes of meeting MBE goals on state contracts, your firm will be considered a Minority Business Enterprise until September 27, 1985. At that time you will be required to apply for renewal. In the meantime, please keep us informed of any changes made in your firm. If you have any questions, please contact the Office by writing to: Certification Division Office of Minority and Women's Business Enterprises 406 South Water Mail Stop: FK-11 Olympia, Washington 98504 Congratulations and best Wishes in your business endeavors. onn n on On STATE OF WASHINGTON OFFICE OF MINORITY AND WOMEN'S BUSINESS ENTERPRISES 406 South Water • Post Office Box 41160 • Olympia, Washington 98504 -1160 (360) 753 -9693 • FAX (360) 586 -7079 June 24, 2003 KEN YOROZU T YOROZU GARDENING COMPANY INC 13335 32ND AVENUE SOUTH TUKWILA, WA 98168 Certification Identification Number: D4M0100085 Dear Business Owner: Congratulations! Your business has been recertified as a Minority Business Enterprise (MBE) for the State program and as a Disadvantaged Business Enterprise (DBE) for the Federal program. This certification is issued in compliance with U.S. Department of Transportation requirements under Chapter 49 Code of Federal Regulations, Part 26. Its certification anniversary date is June 24, 2006. The firm's certification is based on the following: Business Description: CONTRACTOR LANDSCAPE IRRIGATION HYDROSEEDING DESIGN MODULAR BLOCK WALLS Primary Assigned Standard Industrial Classification (SIC) Code: 0782 - LAWN & GARDEN MAINTENANCE SERVICES Other SIC codes: 1629 - IRRIGATION PROJECT CONSTRUCTION 1741 - MASONRY CONSTRUCTION CONTRACTORS Primary North American Industry Classification System ( NAICS) Code: 56173 - LAWN & GARDEN MAINTENANCE SERVICES Other NAICS codes: 23499 - IRRIGATION PROJECT CONSTRUCTION 23541 - MASONRY CONSTRUCTION CONTRACTORS T. 0 onoe,n en 77 Inn NOTE: The firm's listing in OMWBE's Directory of Certified Minority, Women's and Disadvantaged Business Enterprises includes the firm's Primary SIC Code only. Persons needing to verify a firm's Other SIC Code(s) must contact OMWBE directly. For purposes of computing goal attainment, certain federal agencies only count the expenditures made to a firm for work performed in the firm's primary SIC Code. The state and federal programs require the firm be reviewed for recertification every three years from its anniversary date. The federal program also requires the firm's owner submit an affidavit regarding the firm's continued eligibility each year on its anniversary date. OMWBE will send the necessary forms for you to complete approximately sixty (60) days prior to their due date. If the forms are timely submitted, the firm will remain certified pending completion of OMWBE's review. Failure to timely submit the forms may result in the firm being decertified (state program) and/or determined to have failed to cooperate (federal program), in which case the firm's federal certification may be removed. The state and federal programs require the finn to notify OMWBE in writing of any changes in its ownership, control, size or activities, and provide supporting documentation describing the change(s)_ This information must be submitted within thirty (30) days of the change(s). If you have any questions or need assistance, please do not hesitate to contact this office at (360) 753-9693. Sincerely, FOR THE D CTOR IRA HARTE MWBE Program Specialist iw City of Seattle of Licenses and Consumer Affairs r- Department Norman B. Rice, Mayor Andrew Lofton, Director r � ISSUE DATE: i EXPIRES: CUSTOMER NUMBER POST CONSPICUOUSLY NOT TRANSFERABLE BLT 103 LICENSE TYPE: BUSINESS ADDRESS MAILING ADDRESS •Y 5 ANDREW LOFTON, DIRECTOR I he City of Seattle Department of Licenses and Consumer Affairs Norman B. Rice. Mayor Dale H. Tiffany. Director ISSUE DATE: EXPIRES: POST CONSPICUOUSLY NOT TRANSFERABLE BLT 103 CUSTOMER NUMBER LICENSE TYPE: BUSINESS ADDRESS MAILING ADDRESS cD2L DALE H. TIFFANY, m1AECTOR oTcein On 77 on BLT 103 The Citv of Seattle Department of Licenses and Consumer Affairs Business License EXPIRES DECEMBER 31,1987 •-• - 31; 7)..) ,V S • .t.77: POST CONSPICUOUSLY NOT TRANSFERABLE SEATTLE MUNICIPAL CODE CHP. 5.44 i he City of Seattle Department of Licenses and Consumer Affairs 882SP,25 POST CONSPICUOUSLY NOT TRANSFERABLE BLT 103 EXPIRES: LICENSE TYPE: ANDREW LOFTON. DIRECTOR CHARLES ROYER. MAYOR ImTn.he. .1.nn _T 103 The Cit of Seattle Department of Licenses and Consumer Affairs Business License EXPIRES DECEMBER 31,1984 POST CONSPICUOUSLY NOT TRANSFERABLE MUNICIPAL CODE CH. SA4 ECTOII she City- of Seattle Department of Licenses and Consumer Affairs Charles Royer, Mayor Andrew Lofton, Director POST CONSPICUOSLY NOT TRANSFERABLE BLT 103 ISSUE DATE: EXPIRES: .. a CUSTOMER NUMBER: ~ , LICENSE TYPE: ANDREW IOFTON, DIRECTOR CONTROL NUMBER A 4 is T. YOROZU , GARDENING CO. LANDSCAPE DESIGNER AND CONTRACTOR 13335 - 32ND AvENDE SOUTH -- 242-7,741.0‘4 SEATTLE. WASIIINCTON 08168 =_s t "� TO THE // _� - oxnx>zor- �'`i Y ROZU GARDENING CO. Maynard Avenue Office Seattle, Washington 98104 TeNaEiaaalBankofKot:m a crofSeattle N2 DATE - _ __7 _ ._ - 19 i '74811,1 5aas 19-190/1250 $ .3�?��- Do ',LAR s rrf,n on 77 15f1 yo7-Tqu GAPDENINO COMPANY 155ac — 32ND AVE S S'-).TTLE WASH cElnE, 066 Account Sununary and Activity PAGE 2 OCT 31, 1974 CHECKING ACCT NUMBER MAYNARD. AVENUE OFFICE • 'UTE - CHECKS CHECKS DEPOSITS BALANCE 19 15 • 50..00 96.55 150.00 - 1,756.00 P i g 5' : .•.-: - ••• • • •,..„, • ,. ., . - • , ; , . .. , a- n 3; -,. .9r - - • - - :11-.. 0 pc!'n vn 72 aon 21 .04 469 - 21.04.500 ZONING 21.04.469 Grazed wet meadows. "Grazed wet meadows" means palustrine emergent wetlands, typically having up to six inches of standing water during the wet season and dominated under normal conditions by meadow emergents such as reed canary grass, spike rushes, bulrushes, sedges, and rushes. During the growing season, the soil is often saturated but not covered with water. Grazed wet meadows frequently have been or are being used for livestock activities. (Ord. 9614 § 45, 1990). 21.04.470 Home Occupation. "Home occupation" means any activity undertaken for gain or profit and carried on in a dwelling, or building accessory to a dwelling, by a member or members of the family residing in the dwelling. (Ord. 5526 § 1, 1981). 21.04.475 Horticultural nursery. "Horticultural nursery" means an area for the cultivation and propagation of trees, shrubs and plants which are grown for transplanting. This can be accomplished in open ground or in pots and containers either outdoors or within structures. A horticultural nursery does not involve retail sales unless specifically permitted by the zone. (Ord. 7655 § 13, 1986). 21.04.480 Hospital. "Hospital" means an institution specializing in giving clinical, temporary and emergency services of a medical or surgical nature to human patients and licensed by state law to provide facilities and services in surgery, obstetrics and general medical practice, as distinguished from treatment of mental and nervous disorders and alcoholics, but not excluding surgical and post - surgical treatment of mental cases. (Res. 25789 § 263, 1963). 21.04.485 Hospital, mental (including hospital for treatment of alcoholics). "Mental hospital" means an institution licensed by state agencies under the provisions of law to offer facilities, care and treatment for cases of mental and nervous disorders, and alcoholics. Establishments limiting services to juveniles below the age of five years and establishments housing and caring for cases of cerebral palsy are not considered mental hospitals. (Res. 25789 § 264, 1963). 21.04.490 Hospital or clinic, small animal. "Small animal hospital or clinic" means an establishment in which veterinary medical services, clipping, bathing and similar services are rendered to dogs, cats and other small animals and domestic pets, not including kennels. (Res. 25789 § 265, 1963). 21.04.495 Hotel. "Hotel" means a building in which there are six or more guest rooms where lodging with or without meals is provided for compensation, and where no provision is made for cooking in any individual room or suite, and in which building may be included one apartment for use of the resident manager, but shall not include jails, hospitals, asylums, sanitariums, orphanages, prisons, detention homes and similar buildings where human beings are housed or detained under legal restraint. (Res. 25789 § 266, 1963). 21.04.500 Household Moving Center. A business specializing exclusively in the rental of household moving rental trucks and utility rental trailers, in the sale and rental of other products and services directly related to do- it- yourself moving, including the temporary storage of personal belongings, and involving the rental, display, minor maintenance and /or storage for rental purposes of such vehicles on an open, hard surface lot. (Ord. 5806 § 1, 1981). (King County 9 -90) 809 ATTACHMENT L '' 21.067120 - 21.08.020 ZONING building, land or use is located. Public parking areas, loading spaces and the access thereto shall not be located on R or S zoned land unless specifically permitted or permitted in conjunction with a permitted use in the R orS zone. (Res. 30152 (part), 1965: Res. 25789 § 311, 1963). Chapter 21.08 RS SINGLE - FAMILY DWELLING CLASSIFICATION Sections: 21.08.010 Purpose of classification. 21.08.020 Permitted uses - Primary residential. 21.08.030 Permitted uses - Accessory residential. 21.08.040 Permitted uses - Primary nonresidential. 21.08.050 Permitted uses - Accessory nonresidential. 21.08.060 Conditional uses. 21.08.062 Administrative conditional uses. 21.08.070 Utilities. 21.08.080 Lot area. 21.08.100 Lot width. 21.08.1 10 Front yard. 21.08.120 Side yards. 21.08.130 Height. 21.08.140 Permissible lot coverage. 21.08.150 Placement of buildings and structures. 21.08.160 Limitations on use. 21.08.170 Homeowner's Association contract. 21.08.180 Lot based standards. 21.08.010 Purpose of classification. The principal objective and purpose to be served by this classification and its application is to create a living environment of the highest standards for single - family dwellings. Other related uses contributing directly to a complete living environment are considered compatible and therefore also permitted. A further related consideration is to make it possible more efficiently and economically to design, install and maintain all physical public service facilities in terms of size and capacity to adequately and permanently meet needs resulting from a defined intensity of land use. (Res. 25789 § 400, 1963). 21.08.020 Permitted uses - Primary residential. In an RS zone, the following residential uses only are permitted, subject to the off - street parking requirements and the general provisions and exceptions set forth in this title, beginning with K.C.C. 21.46, and subject to the provisions of the King County shoreline management master program where applicable: A. A one - family dwelling; B. A two - family dwelling when the lot or building site upon which it is located has a side line abutting a lot or lots classified for RM -2400, RM -1800, RM -900, B, C or M purposes, whether or not an alley intervenes. In no case shall the property used for such two - family dwelling consist of more than one lot or exceed a width of ninety feet, whichever is the least, nor be used to a depth greater than the extent to which the side property line is common with property classified for such heavier uses; (King County 9 -93) 819 • • SINGLE - FAMILY DWELLING CLASSIFICATION 21.08.020 - 21.08.030 C. Planned unit developments, as provided in Chapter 21.56; D. A townhouse dwelling within a multiple lot subdivision or short subdivision, subject to the following conditions: 1. The area of each townhouse lot may be reduced below the minimum required by the zone, but the average lot area of the subdivision or short subdivision in which the townhouses are located must meet the minimum requirement, using the lot averaging provisions of K.C.C. 21.08.080, 2. In addition to meeting all design, setback and site improvement requirements of the RT zone, proposed townhouse developments in an RS zone shall: a. Provide two off - street parking spaces per dwelling, one of which must be enclosed or capable of being fully enclosed in conformance with normal yard requirements, or as modified pursuant to K.C.C. 21.48.270 b. A row of townhouse dwellings in an RS zone shall be no more than one hundred twenty feet long across its frontage without an intervening segment of side yards or common open space c. Any lot at the end of a row of townhouse lots which is adjacent to a lot developed with a detached single - family dwelling shall have the same front yard setback as the detached dwelling, and shall have a minimum side yard of five feet. If the side of the townhouse structure is more than fifty feet long, an additional five feet of side yard per story shall be provided. When a townhouse lot is also a reverse corner lot, an additional ten feet of side yard shall be provided, 3. When townhouses are proposed for an RS zoned area already platted into legal lots, the area must be resubdivided to meet the requirements of this section, 4. In order to assure correct placement of buildings, construction of foundation forms, but no other structural elements, of townhouse dwellings or other residential structures with walls touching lot lines may commence prior to final plat or short plat approval, provided: a. The proposed subdivision or short subdivision has received preliminary approval, all conditions have been met, and bonds are posted for improvements b. Partial or complete construction of foundations shall not relieve the subdivider from, nor impair county enforcement of, conditions of subdivision or short subdivision approval c. No lots may be sold in violation of the state subdivision act, RCW 58.17. (Ord. 6067 § 1, 1982: Ord. 4687 § 1, 1980: Ord. 3144 § 2, 1977). 21.08.030 Permitted uses - Accessory residential. The following accessory uses only are permitted in an RS zone when a residential use as permitted in K.C.C. 21.08.020 has been established on the subject property: A. Accessory living quarters; B. Accessory dwelling, provided: 1. The accessory unit is within the same building as the principal residence, 2. The accessory unit floor area does not exceed fifty percent of the combined total area of the principal residence and the accessory unit, 3. The house must be owner- occupied, 4. The principal residence and the accessory unit, and occupancy thereof, must comply with K.C.C. Chapter 16.04, 5. Garage space may be converted only if the same number of covered parking spaces are provided elsewhere on the property, 820 (King County 6 -93) '21.08.030 ZONING 6. One off - street parking space in addition to that required for a single family dwelling shall be provided, 7. The total number of people who may occupy principal residence and the accessory unit, together, shall not exceed the number of people who may occupy a one - family dwelling; C. Accessory structures, including storage buildings, and private garages designed to accommodate not more than four cars; D. Except as provided in K.C.C. Title 11 for those holding a Hobby Kennel or Cattery license, Special Hobby Kennel license, or Private Animal Placement Permit, small animals (household pets) not to exceed three in any combination thereof, when kept on the same lot as the residence of the owners of such pets; E. Lodgers, limited to two; F. Private docks (one only per dwelling unit) and mooring facilities for the sole use of occupants of the premises to accommodate private noncommercial pleasure craft. Docks and moorings shall be accessory to the primary use on the property to which they are contiguous, provided: 1. Structures shall conform to the applicable provisions of the Shoreline Management Master Program, 2. No part of the structure shall extend more than sixteen feet above the mean high water level, 3. No structure shall be located closer to a property side line, or property side line extended, than fifteen feet, except that docks may abut property lines for the common use of adjacent property owners, when mutually agreed to by the property owners in a contract recorded with the King County division of records and elections, of which a copy must accompany an application for a building permit, 4. The total area of moorage shall not exceed six hundred square feet, 5. Covered moorage shall abut upon the natural shoreline, 6. Such structure shall not have a width greater than fifty percent of the width of the lot at the natural shoreline upon which it is located, 7. Any boat using such moorage shall not be used as a place of residence when so moored; G. Foster family day care home, twenty -four hours; H. Greenhouse, private and noncommercial, for propagation and culture only, with no sales from the premises permitted; I. Communication facility pursuant to the provisions of K.C.C. 21.80.020 - 21.80.190; J. Swimming pools and other recreational facilities for the sole use of occupants of premises and their guests; K. Day nurseries, provided: 1. A maximum of twelve children are cared for in any twenty -four hour period, provided further that the facility shall conform to the occupancy requirements of Chapter 8 of the Uniform Building Code as adopted by King County whenever more than six children are cared for at one time. 2. Outdoor play areas shall be provided with a minimum of seventy -five square feet in area for each child using the area at one time, and shall be completely enclosed by a solid barrier such as a berm, wall or fence, with no openings except for gates, and having a minimum height of six feet, to minimize visual and noise impacts and prevent trespassing on adjacent residentially classified properties. 3. Play equipment shall not be located closer than twenty feet to any property lines. 4. The hours of operation may be restricted to assure compatibility with surrounding development; L. Home occupation; provided the home occupation: (King County 6 -93) 821 • City of Tukwila 6200 Southcenter Boulevard • Tukwila, Washington 98188 Steven M. Mullet, Mayor September 8, 2003 Kenneth T. Yorozu T. Yorozu Gardening Co., Inc. 13335 — 32nd Avenue South Tukwila, WA 98168 -3957 VIA CERTIFIED MAIL 7002 2410 0004 6341 2888 Return Receipt Requested RE: HEARING DATE ON NOTICE OF DENIAL OF 2003 BUSINESS LICENSE APPLICATION— T. YOROZU GARDENING CO., INC. Dear Mr.Yorozu: The City received your letter appealing the denial of a 2003 Tukwila Business License to T. Yorozu Gardening Co., Inc., on September 3, 2003. The Hearing Examiner will consider the appeal on Tuesday, October 28, 2003 at 1:30 p.m. The hearing will take place at the City of Renton, City Council chambers, 1055 S. Grady Way, Renton, WA 98055. Council chambers is on the seventh floor. You are entitled to appear in person, rdvto be represented by counsel, and to offer such evidence as may be pertinent and material to the Notice of Denial. If unable to be present at the hearing, please notify the Office of the Hearing Examiner at (425) 430 -6515. If you have questions regarding the appeal procedures, you may contact me at (206) 433 -1800. Sincerely, E. Cantu, CMC Clerk C: M. Kenyon, City Attorney B_Miles, DCD K. Stetson, Code Enforcement F. Kaufman, Hearing Examiner Phone: 206 - 433 -1800 • City Hall Fax: 206 - 433 -1833 • www.ci.tukwila.wa.us • Gity of f Tukwila • C V\kaV\ RECEIVED AUC 2 C 2003 Steven Mdstagaayor DEVELOPMENT 6200 Southcenter Boulevard • Tukwila, Washington 98188 August 18, 2003 Kenneth T. Yorozu T. Yorozu Gardening Co., Inc. 13335 — 32nd Avenue South Tukwila, WA 98168 -3957 VIA CERTIFIED MAIL 7002 2410 0004 6341 2932 Return Receipt Request RE: NOTICE OF NON - ISSUANCE — 2003 TUKWILA BUSINESS LICENSE Dear Mr. Yorozu: This letter will serve as a Notice of Denial that your application for a 2003 Tukwila Business License for your business located at 13335 — 32nd Avenue South, has been denied under Tukwila Municipal Code 5.04.111 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 application and found that your proposed business is currently zoned as Low Density Residential (LDR). In order for your business to be located at the above address, it must quality as a home occupation. The City defines a home occupation 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 place is largely incidental to the occupation carried on by a member of the family residing with the dwelling place." The following conditions must be met by all home occupations: 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 that 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. 6. An off - street parking space shall be made available for any non - resident employee. On June 27, 2003, City staff witnessed a significant number of vehicles (11) parked on the street near the property; the same number of employees reported to work for your Phone: 206 - 433 -1800 • City Hall Fax: 206 - 433 -1833 • www.ci.tukwila.wa.us • • business. This is out of compliance with the rule that home occupations are only permitted to have one employee who is not a residence of the dwelling. In conclusion, the business license application is being denied as: 1. The use must meet the standards as a home occupation under section 18.06.430 and 18.10 2. The applicant has failed to provide previously requested documentation regarding legal, non - conforming use. For these reasons, you are hereby advised it is illegal to conduct business in the City of Tukwila without a current business license. You may appeal this Notice of Non - Issuance to the Hearing Officer, provided that the appeal is made in writing and filed with the Office of the City Clerk within ten (10) days from the date of receipt of the Notice of Non - Issuance. Failure to appeal within the prescribed timeframe shall constitute a waiver of all rights to any additional administrative hearing or determination on the matter (TMC 5.04.110(b)). Should you have questions regarding the reason for denial, please contact Assistant Planner Brandon Miles at (206) 431 -3684. For questions regarding the business license application, please contact the City Clerk's Office at 206 - 433 -1800. Sincerely, Robert H. Baker, CMC Deputy City Clerk xc: Kenneth Yorozu, Applicant J. Cantu, City Clerk M. Kenyon, City Attorney B. Miles, DCD K. Stetson, Code Enforcement B. Saxton, Adm. Suppt. Tech. • Cizj' of Tukwila Steven M. Mullet, Mayor Department of Community Development Steve Lancaster, Director TO: Jane Cantu, City Clerk /✓� FROM: Brandon Miles, Assist t Planner \ J 1 CC. Code Enforcemen RE: Yorozu Gardening Company Business License Application DATE: August 15, 2003 The Planning Department cannot approve the business license for Yorozu Gardening Incorporated located at 13335 32 "d Avenue South. Discussions This business is currently being operated out of a single - family house and the property is zoned as Low Density Residential (LDR). In order for a business to locate in this zoning it must be a home occupation. A home occupation is defined 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 place is largely incidental to the occupation carried on by a member of the family residing with the dwelling place ". Home occupations must meet all of the following conditions: 1. There shall be not change in the outside appearance of the surrounding residential development; 2. No home occupation shall be conducted in any accessory building; 3. Traffic generate 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 business does not meet conditions one, three, five and six. DCD staff drove must the site several times and there were eleven cars parked along the street adjacent to the house. Further research showed that none of the vehicles parked outside of the house were licensed at that address or any other address along the 32" Avenue. 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665 • • The business license application noted that the original date of opening for the business was 1948. In a letter dated June 30, 2003, DCD staff asked for evidence that the business was operating legally at its current intensity prior to annexation into the City. The applicant has failed to provide any such information and did not respond to the letter. Conclusion The business licensee application is being denied for the following reasons. • The use must meet the standards as a home occupation under section 18.06.430 and 18.10. • The applicant has provided no documentation showing that the business is a legal non- conforming use. June 30, 2003 • City of Tukwila Steven M Mullet, Mayor Department of Community Development Steve Lancaster, Director Mr. Kenneth T. Yorozu T. Yorozu Gardening Co. Inc 13335 32nd Ave S Tukwila, WA 98168 -3957 RE: Business License Application Dear Mr. Yorozu: The City of Tukwila's Planning Department received your business license for the above address on June 27, 2003. The address is currently zoned as Low Density Residential (LDR). In order for your business to locate at the above address it must qualify as a home occupation. The City defines a home occupation 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 place is largely incidental to the occupation carried on by a member of the family residing with the dwelling place ". The following conditions must be met by all home occupations: 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. City staff noticed that there are a significant number of vehicles parked on the street near the property. On June 27, 2003, City staff noticed that there were a total of 11 automobiles parked on the street. This was highly out of character with the surrounding houses on the street. At about 5:30 PM that same day, City staff noticed that most of the vehicles were gone. This leads staff to believe that the vehicles were employees associated with the business and not residents of the house. In addition, you have noted that there are 11 employees associated with the business. As noted above, home occupations are only permitted to have one employee who is not a residence of the dwelling. 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone: 206 - 431 -3670 • Fax: 206 - 431 -3665 • • It appears to City staff that the home occupation is unable to meet conditions number one, three, five, and six. Please respond, in writing, as to how the above conditions will be met. In the business license application it was noted that the business has been operating since 1948. Has the business the business always been located at the above address? If the business has been operating there please provide documentation that at time of annexation the property was legally allowed by King County at the current intensity. Please respond to this letter within two weeks of receipt of this letter. Unless additional information is submitted to the City for review the business license application will be denied. If you have any questions, please feel free to call me at (206) 431 -3684 or email me at bmiles@ci.tukwila.wa.us. Sincerely Brandon J. Miles Assistant Planner cc. City Clerk's Office Kathy Stetson - T. Yorozu Gardening C: • From: To: Date: Subject: Barbara Saxton Joyce Trantina; Kathy Stetson 6/26/03 3:40PM T. Yorozu Gardening Co. Here's the scoop so far: Kathy called checking on this "home" business last month, as there are always a lot of cars parked outside of it on weekdays. I sent them a letter May 27th saying they are "operating a business without a valid license." They sent back their application, but did not fill in the "description of business" blank. The other interesting thing is that they marked "No," it is not a home occupation. Two owners of the business were listed, with their home addresses being in Sammamish and SeaTac. I sent the application form back to them on June 6 with a letter asking for a "description of business." I also advised that the address is in a residential zone and therefore the conditions on the back side of the application would apply (i.e. employees do not come to the property on a daily basis, and no more than one work car will be parked....). I received the application back today, and they filled in the description of business section and signed the back of the form. The other interesting thing is that we have been distributing dump pass coupons to residents the past two weeks. Last week someone can in to pick up their coupon and also had their neighbor's coupon so they could pick it up for them. The neighbor's coupon was 13335 32nd Ave. S., and she said their name was "Yorozu." So Yorozu lives there, and it is the address for the business, but it's not a home business because the owners live somewhere else ' ' '? I am sending their application over to Brandon if any of you want to look at it too. CC: Brandon Miles