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HomeMy WebLinkAboutCity Council Committees - Land Use and Planning Board - 02/24/1997 CITY OF "ICK120101T �47s Jim White, Mayor Planning Department (206)859-3390/FAX(206)850-2544 James P HaITIS, Planning Director LAND USE & PLANNING BOARD MINUTES Public Hearing February 24, 1997 The meeting of the Kent Land Use and Planning Board was called to order by Ch_au-SlewQ44awell at 7 00 p in on February 24, 1997, in Chambers West of Kent City Hall. LAND USE & PLANNING BOARD MEMBERS PRESENT: Brad Bell, Vice Chair Tom Brotherton Jerry Daman Ron Harmon David Malik ��Q� Sharon Woodford -n, fU LAND USE & PLANNING BOARD MEMBERSABSENT: Steve Dowell, Chair PLANNING STAFF MEMBERS PRESENT James Harris, Planning Director Fred Satterstrom, Planning Manager Kim Marousek. Planning Intern Teresa Beener, Administrative Secretary APPROVAL OF MINUTES Board member Tom Brotherton MOVED and Board member Ron Harmon SECONDED a motion ; to approve the minutes of the February 10. 1997 meeting Motion carried ADDED ITEMS TO THE AGENDA None. COMMUNICATIONS None. NOTICE OF UPCOMING MEETINGS Planning Director Jim Harris informed the Planning Board members of a City Council Workshop at 5 00 p in tomorrow night in Council Chambers (February 25, 1997) The meeting is on regional governance "What should King Countv he governing and what should the local turisdictions he governing " Mr Harris explained that the meeting will discuss regional and rural governance versus #ZCA-96-8 Home Occupation Standards 220 4th AVE SO. /KENT WASHINGTON 98032-5895/TELEPHONE (206)859-33001 FAX#859-3334 . Land Use and Planning Board Minutes February 24, 1997 Page 2 urban governance and the thirty-five incorporated cities and King County are going to discuss who does what in the County This meeting is an open forum. l Mr. Harris stated that the next Land Use and Planning Board meeting is a workshop on March 10, 1997 in Council Chambers East at 7 00 p in. #ZCA-96-8 HOME OCCUPATION STANDARDS - (F. Satterstrom) Planning Manager Fred Satterstrom explained that the Planning Department received a request for a regulatory review from Ms Sue Olson. He explained that Ms. Olson requested an amendment to the Home Occupation standards of the Kent Zoning Code to exempt instructional services such as preschools, music programs, or academic tutoring Mr. Satterstrom stated that Ms. Olson resides at 815 Marion Place on Scenic hill of Kent He a explained that she teaches individual piano lessons and maintains a Kindermusic program which teaches young children in a group environment The group lessons contain six to eight children and are scheduled at certain times during the week He stated that Tuesday is her busiest day with as many as twenty students being seen and Wednesday is her slowest day with as little as three students In total it appears that anywhere from 48 to 58 students attend either individual or group lessons in a given week Mr Satterstrom stated that Ms Olson's home occupation is inconsistent with the Kent's regulations in two areas One area is in the parking requirements Home Occupation regulations state that there can be no more than four two-way client trips per day and, in this case, there are several times that amount on a day like Tuesday, for instance The second issue is with respect to the actual delivery of the service. The Home Occupation regulations for the City of Kent allow only one client at a time Mr Satterstrom explained that the individual lessons do not pose a problem for Ms Olson; the problem stems from the group sessions. ' Mr. Satterstrom explained that this matter was brought to the City's attention on the basis of a complaint where it was brought to the attention of the City that there were cars being parked on the road and the City responding on the basis of a complaint The City's Code Enforcement Officer i 3' looked into the matter and determined that there was a violation or a conflict with the regulations that govern home occupations. In informing Ms Olson of her alternatives, she decided to approach the policy making body with the alternative of looking at the code, seeing if it was up to date, and seeing if a change was warranted Mr Satterstrom stated that to understand home occupations every City that he knows of has • established zoning regulations that relate to the governing and the operation of home occupations 4ZCA-96-8 Home Occupation Standards • Land Use and Planning Board Minutes February 24, 1997 Page 3 He explained that Certified Public Accountants are one of the more common home occupations He explained that zoning codes generally recognize that as long as the residential character of the City or a neighborhood is not changed by the home occupation,then those kinds of business activities that can exist in homes can and should be allowed Most cities as well as Kent go on to specify certain regulations within which home occupations must adhere. Some of the aspects that Kent regulates are traffic, parking on-site (not to create a need for off-site parking that would affect the neighborhood), number of employees(one additional employee allowed), the delivery of sales and service of goods to customers(one customer at a time), and other factors. Mr. Satterstrom explained that ordinances of other jurisdictions were reviewed in order to provide a comparison to Kent's regulations. a Mr. Satterstrom explained the City looked at the home occupation regulations for the cities of SeaTac, Kirkland.Auburn, Tukwila, and Bothell. He stated that all of these jurisdictions have home :z occupation regulations. Some of the zoning codes were recently adopted Mr Satterstrom explained that marry of the criteria and regulations read identical to Kent in terms of their concern The actual regulation may be written a little different but all of the jurisdictions are concerned with the traffic, , the residential character, etc as mentioned in the staff report Unlike Kent; however, the cities of SeaTac and Auburn have an alternative process when you have a home occupation that doesn't neatly fit with all of the regulations There is a process by which a person proposing a home occupation may petition the City through the Hearing Examiner process for an alternative way of allowing a home-based business. He explained that in the City of SeaTac, there are eleven criteria that relate to home occupations If an applicant meets all eleven then the application for a home occupation is approved administratively However, if the application meets at least eight of the criteria but fails to meet all eleven, one has to go before the City's Hearing Examiner The City of Auburn requires the teaching of music lessons in studio type groups to automatically require a hearing. Mr Satterstrom explained that compared to other jurisdictions which were reviewed, Kent looked fairly rigid, Kent doesn't offer any alternative Mr. Satterstrom explained that staff is recommending that the City of Kent endorse the Auburn model and to set aside the teaching of music and dance studies out of the home and require a public hearing before the Hearing Examiner. He explained that this method would allow neighbors to participate and be notified of the action. It would allow them to participate in the hearing and have their concerns heard by the Hearing Examiner, if they have any, and would allow the Hearing Examiner to custom tailor the requirements for such a Home Occupation based on its particular impacts. He stated that the recommended verbiage to add to the zoning code is stated on the last page (page 4) of the February 24th staff report. #ZCA-96-8 Home Occupation Standards • Land Use and Planning Board Minutes February 24, 1997 Page 4 Board member Tom Brotherton questioned how the subject of music and dance was derived and asked if there weren't other options as in auto repair. Mr Satterstrom explained that auto repair was considered and consciously rejected because of the potential nuisance factor Auto repair tends to get out of hand and can be loud This does not seem to be very compatible with the residential character. Board member Brad Bell questioned adding academic tutoring. He stated that academic tutoring seems to be very similar in nature in compared to music lessons or dance lessons Planning Manager Fred Satterstrom explained that they were not limiting the vast possibilities that could apply He stated that academic tutoring in groups could be added Board member Sharon Woodford questioned how much of the neighborhood would be notified regarding the public hearing Satterstrom explained that the property owners within a 300' radius would be notified of a public hearing. Board member Ron Harmon MOVED and Tom Brotherton SECONDED a motion to open the public hearing. Motion carried Ted Knapp, 824 Marion Place Mr. Ted Knapp explained that he purchased his home nine years ago and lives a few houses away from Ms Olson (the applicant). Mr. Knapp explained that one of their reasons for choosing a house on a cul-de-sac was because of the little drive through traffic He stated that he is concerned with modifying the existing regulations that would increase the traffic and hence the safety factor for his daughter He stated that he feels that Ms Olson should operate her home business within the existing regulations even if this means she would have to find an alternative location for her group music lessons. Mr Knapp explained that in the cul-de-sac parking and mail delivery has been a problem because of the traffic impact from Ms Olson's business. Patsy Braseth, 807 Marion Place. Ms. Patsy Braseth explained that she lives right next door to Ms Olson and has lived there for nineteen years Ms Braseth stated that the reason they chose their home was because it was located on a cul-de-sac with no drive through-traffic She explained that she has been aware since the summer of 1996 that Ms Olson was involved in some sort of enterprise Ms Braseth explained that she is concerned with traffic, parking, safety and the inconvenience to the immediate neighbors. She stated that she found it very interesting that Ms Olson had never been #ZCA-96-8 Home Occupation Standards • Land Use and Planning Board Minutes February 24, 1997 Page 5 j sited by the City authorities for her violation of current parking and home occupation regulations She explained that the neighbors had been sited for parking too close to their own driveway and having vehicles facing the wrong direction in the cul-de-sac She stated that she is inconvenienced by Ms Olson's clients parking in front of her mailbox and her mail was not delivered as a result. She commented that she respects Ms Olson's right to make a living from her home but not when the rights of others are infringed upon. She remarked that it is time for Ms Olson to find another location outside the neighborhood which would accommodate A the traffic that her business generates. Board member Ron Harmon questioned if it was the group music lessons that caused the problems. Ms Bi aseth indicated that the group lessons were the problem and that there was one instance where there were about ten cars parked along the cul-de-sac She remarked that children are not Just being t dropped off. parents remain for the group lessons Mr. Harmon questioned how many houses are in the cul-de-sac. Ms. Braseth responded that there are about ten houses. • Vice Chair Brad Bell questioned the location of Marion Place and asked which house Ms Olson lived in Ms Braseth described the location of Marion Place and which house Ms Olson resided Jesse Cadena, 822 Marion Place. Mr Jesse Cadena stated that he opposes the changes to the Home Occupation Standards that Ms. Olson requested Mr Cadena commented that changing the parking standards to allow an increase in the number of trips allowed to home occupations would greatly diminish the peace and quiet that he expected when he selected this area as his residence twenty years ago. He stated that the cul-de-sac is too narrow to safely allow small children to ci oss the street with minimum visibility for drivers entering the cul-de-sac The location is very close and a one house to the sharp left to turn automobiles must negotiate when entering this cul-de-sac The patrons of this business are reluctant to use Ms. Olson's driveway until absolutely necessary unless it is raining. As a result, the onstreet parking is congested first, then they park in her driveway Mr. Cadena explained that he has experienced partial blockage of his own driveway due to customers of Ms. Olson's business parking along the curb adjacent to his driveway which has a twelve foot curb space between his driveway and his neighbors driveway Mr. Cadena stated that Ms Olson told him two years ago that she would eventually have to relocate her business due to the response she has had with this business. Mr Cadena strongly urged the denial of this request Board member Tom Brotherton questioned what percent of the time there were severe parking problems during the day or week Mr Cadena explained that he doesn't keep track of the day or #ZCA-96-8 Home Occupation Standards • Land Use and Planning Board Minutes February 24, 1997 Page 6 time but stated that the parking problem is very frequent and congested into the evenings some times. He stated that over the last two weekends there were cars congested throughout the weekend. Helen Schalk, 806 Marion Place. Ms. Helen Schalk explained that she lives directly across the street from Ms Olson Ms Schalk stated that her husband and her are concerned with their 120 foot of lawn that runs along the street and Ms Olson's customers have to park there She stated that there really isn't any other place to park Ms Schalk explained that there are no sidewalks and she has Ms. Olson's customers on her lawn. Ms Schalk remarked about the visibility around the comer and a the danger involved with children crossing the street Ms Schalk stated that there were five cars parked at Ms Olson's and then later there were another four more cars parked She stated that she wasn't sure of Ms Olson's schedule She remarked that there is a lot of traffic in the cul-de-sac already with some teenagers living in the cul-de-sac and there t friends coming by She explained that people sometimes make a wrong turn and whip around in the j cul-de-sac to turn back around She stated that any more traffic in the cul-de-sac is going to cause ` a hinderance to her family and the children in the neighborhood # Sue Olson, 815 Marion Place Ms. Sue Olson stated that she appreciated the concerns of her • neighbors She stated that home occupations need to be sensitive to the neighborhood concerns. Ms Olson explained that she started her Kmdermusic program as a way to earn money and still remain home with her children She stated that her business is growing and when she outgrows the neighborhood she plans to relocate her business. She stated that she knows a number of people doing home businesses in unincorporated areas and in other cities with Kmdermusic programs She explained that it takes four to six years to build up a clientele that would generate enough income so that a person could afford to move into a commercial location and pay rent. She stated that the home occupation allows a person starting a business time to build up clientele Ms Olson stated that she supports staff recommendation for allowing a public hearing through the Hearing Examiner to consider a"Special Home Occupation Permit." She stated that she based her class maximum size of eight students on the amount of parking available in her driveway, in front of her house, and across the street. She stated that there is room for the cars. She commented that some of her neighbors have offered to let her clients park in their driveways to eliminate some of the parking problems Ms. Olson stated that she teaches eight classes per week. She explained that during some of these classes the parents are involved in the program and stay with their children and during other classes the parents leave the children She commented that the classes that she has that are later in the day , #ZCA-96-8 Home Occupation Standards • Land Use and Planning Board Minutes February 24, 1997 Page 7 (two classes at 4.00 p m.) the children are dropped off. She stated that when the parents are there to pick the children up, there can be seven or eight cars at one time. She stated that she has asked all of her parents to be respectful of her neighbors. She stated that a public hearing would be beneficial to allow an opportunity to mitigate the neighborhood concerns Mr Harmon asked for further clarification of Ms. Olson's class schedule. Ms. Olson explained that in addition to the two classes at 4 00 p.m which parents drop the students off, she also has classes at 9 30, 11 00, and one class at 1.00 p in She explained that on Monday she has one class. Tuesday she has three classes, Wednesday she has no classes, Thursday she has one class and Friday she has two classes during the day. Mr Brotherton questioned if there was any mitigation that would be possible to address the parking issue He asked if most of the parents could park in her driveway or in her yard and not around the cul-de-sac Ms Olson stated that parents are parking in her driveway and in front of her house She explained that she can get five vehicles in her driveway and in front of her house and the other two or three cars usually park across the street. Mr. Brotherton questioned that when she had only five or six students she could have all the parents parking in her driveway. Ms Olson stated that she can get three cars in her driveway and then two more in front of her house She stated that if the street parking is the issue then her neighbors have offered to allow her clients to park to their driveways. Board member Jerry Daman questioned when Ms. Olson started her Kindermusic business. t Ms Olson explained that she does not run during the summer months She explained that this is her third year in business. Mr. Daman questioned that she was the only Kindermusic program in the area. Ms Olson explained that she is the only Kindermusic program in Kent,Auburn,Federal Way. and Renton area. Mr. Daman asked Ms. Olson if she anticipated her size growing. Ms Olson stated that she would not be able to increase her business and remain where she is She explained that if she increases her business she will need to find an alternative location Mr Daman questioned if Ms Olson was gainfully employed during the summer months Ms. Olson explained that she is employed through Kent Commons during the summer and she teaches different classes and workshops Board member Daman clarified that there are as many as twenty cars that could be there on one day. Ms Olson stated that she conducts three separate classes on Tuesdays and there could be twenty cars #ZCA-96-8 Home Occupation Standards �x Land Use and Planning Board Minutes February 24, 1997 Page 8 coming and going on that day She explained that when she set up her schedule she allowed plenty of time between groups so there wouldn't be an overlap in vehicles from one group coming and the other going Mr Ilarmon questioned how far the clientele travelled for her Kindermusic program. Ms. Olson explained that one of her students come from south Federal Way. She stated that some come from SeaTac and Tukwila Vice Chair Brad Bell questioned her request for the regulatory review. Mr Bell stated that the change that she requested is different from what staff has proposed and asked if she agreed with the staff s position Ms Olson stated that she supports the staff s recommendation. Ms. Olson submitted a copy of a petition signed by her neighbors supporting her home occupation. Christie Merrill, 14605 SE 222nd Street,Kent, WA 98031. Ms. Christie Merrill stated that she is a Kindermusic parent and came here tonight in support of Ms Olson Ms Merrill commented that • before the classes began in October. Ms. Olson took each parent outside and indicated where they could and could not park Ms. Merrill stated that she is unable to park in Ms Olson's driveway She commented that there are always at least two cars parked in the driveway when her child attends class on Friday mornings Ms Merrill stated that her children benefit greatly from Ms Olson's Kindermusic program. She stated that she felt it would be unfortunate if Ms. Olson was unable to continue her program Audrey Germanis, 34922 loth Place SW, Federal Way. WA 98023 Ms. Audrey Germans remarked that she is also a Kindermusic parent and came on behalf of Ms Olson She stated that , she has been involved in Ms Olson's Kindermusic program since February 1996 Ms. Germanis stated that Ms Olson told them where they could park and to be considerate of the neighbors She commented that she has never seen a single person out on the street. She stated that she felt comfortable allowing her four year old to walk on that street. She commented that she feels that Ms. Olson's program is an excellent program and that is the reason she travels all the way from Federal Way to be a part of the Kindermusic program Ms Germanis stated that she would like to see Ms. Olson to be able to continue offering the Kindermusic program. Mr. Daman questioned how long Ms. Germanis had known Ms. Olson. Ms. Germanis stated that • she started the Kindermusic program in February of last year. #ZCA-96-8 Home Occupation Standards Land Use and Plannin • g Board Minutes February 24, 1997 Page 9 ; 7 Mr. Daman asked Ms Germans how she heard of Ms. Olson's program. Ms. Germams stated that l she had heard about the Kmdermusic program in a parent magazine and called an 800 number. She was sent a lot of information including names of people who taught in the area. Board member Daman questioned if there was a regional Kmdermusic program Ms. Germams stated that there is a national organization of Kidermusic. She explained that the Kmdermusic program is designed to encourage young children s musical aptitude. Planning Manager Fred Satterstrom explained that Ms Olson was the one who requested the regulatory review and the Board has heard testimony tonight regarding her individual business. Mr Satterstrom encouraged the Board to take a broader view and consider whether or not to change the home occupation regulations to allow the teaching of group music and dance studios in the home and allow the Hearing Examiner to consider each application individually Mr Satterstrom commented that the issues brought forth tonight are valid issues that the Hearing Examiner would have to consider when considering an application like Ms. Olson's. Mr. Satterstrom stated that the real issue is whether the Board would like to stay with the existing .i regulations or to modify the standards as staff has recommended. Board member Ron Harmon questioned why Ms. Olson originally approached the City Council Planning Committee Mr Satterstrom explained that there had been a complaint lodged to the Code Enforcement Officer Ms. Olson was given her options and chose to request a regulatory review in 3 an attempt to modify the home occupation regulations. Mr. Harmon questioned the Code Enforcement process. Mr Satterstrom explained that the Enforcement issue is on hold pending the outcome of Ms. Olson's regulatory review. Mr. Satterstrom explained that this can be serious if Ms Olson is denied a modification in the code that would allow her to legally operate the City would take action to stop her business Board member Sharon Woodford questioned whether it would stop her whole home occupation or just the teaching of group lessons. Mr. Satterstrom stated that the City would probably suspend the group lessons Ted Knapp, 824 Marion Place Mr. Knapp stated that he arrives home about 4.30 p in every day and he has never seen automobiles parked in Ms Olson's driveway Mr Knapp commented that he felt her business has reached the Inert and she needs to find an alternative location to conduct her business He stated that his daughter is not playing in the street while Ms Olson's customers are there because he is reluctant to allow her to play or ride her bicycle because of the traffic impacts. i 4ZCA-96-8 Home Occupation Standards • Land Use and Planning Board Minutes February 24, 1997 Page 10 Mr Knapp stated he appreciated the comments from some of the Kmdermusic parents He stated that Ms Olson should move her business to their neighborhood and let them see the impacts. Patsy Braseth,807 Marion Place. Ms Braseth asked the Board not to be sensitive to the fact that Ms Olson is a single parent Ms. Braseth stated that she was a single parent for seven years with four children and operated a home business to support her children She stated that she had not impacted her neighbors when she operated her home business. She asked the Board to take that into consideration Jesse Cadena,822 Marion Place. Mr Cadena questioned if this is approved will there be a limit on the traffic. Board member Jerry Daman questioned whether Ms. Olson was at a place where she could afford to move to another location Ms. Olson stated that she is getting close to being able to relocate her business She stated that the advantage to starting a business in her home is that the money that she generates is her profit She stated that she has been saving in anticipation of finding a place in order to expand She stated that she would have never had an opportunity to start her business if she had not been able to start in her home. Ted Knapp, 824 Marion Place. Mr. Knapp reiterated that it is important to remember the safety of the children in the neighborhood He stated that the safety of his daughter is his only issue Planning Director Harris remarked that the Board is here to consider the recommendation of the staff to allow a public hearing presided by the Hearing Examiner to determine whether a home occupation would be allowed and to determine conditions for the operation of such business. Vice Chair Brad Bell questioned what the recourse would be when public safety is a concern. Mr Harris explained that most people conducting home occupations do not know there are home occupation regulations. Board member Ron Harmon MOVED and Jerry Daman SECONDED a motion to close the public hearing Motion carried Board member Tom Brotherton commented that the regulations in Kent are more rigid and should be loosened He stated that businesses like Ms. Olson's provides a valuable service to many residents in our community and should be encouraged He remarked that the proposal from staff has merit in that it provides for the Hearing Examiner to look at each individual situation to see what types of impact the business would have on the neighborhood and apply mitigating conditions when • necessary Mr. Brotherton stated that he hopes that the Hearing Examiner will take into #ZCA-96-8 Home Occupation Standards • Land Use and Planning Board Minutes February 24, 1997 Page 11 consideration the traffic constraints that are Impacting these neighbors. He also thinks that staff should consider adding acting, tutoring and art classes to the list. Board member Sharon Woodford stated that she agreed with Mr. Brotherton's statement and indicated that she felt it was important to allow for home occupations She stated that there are some neighborhoods that would not be impacted by a home occupation Ms. Woodford stated that she agrees with staff s recommendation. s� Mr Harmon commended Ms Olson for bringing this situation to the City Council's Planning Committee. Mr. Harmon agrees with the staff proposal i Vice Chair Brad Bell stated that he grew up in the Kent area taking both private and group music lessons in peoples homes Mr Bell stated that he is concerned with the public safety issues. Brotherton MOVED and Woodford SECONDED a motion to accept staff s recommendation as outlined in the staff report Motion carried with Brad Bell opposed. Respectfully Submitted, H J J J ta /ording P. Hams Secretary C\USERS\DOC\LANDUSE\MINUTES\PCMIN05 29 i { #ZCA-96-8 Home Occupation Standards s 1