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HOP1999-00106 Decision - EXPERT ALTERAT. (TYPE 2) NOTICE OF TYPE 11 DEMO: "URBAN SERVICE AR EN' HOKOCCOPATIRN P RMIT1999rOO1OO C"OFMa-0D community Developm llh C IANN HO EXPERT ALTERATIONS Shaping A, Better Communit 120 DAYS ='12/29/99 SECTION 1. APPLICATION SUMMARY "URBAN SERVICE AREA" CASE NO: Chan Ho Expert Alterations Home Occupation Permit HOP1999-00106 APPLICANT: Chan Ho and Lui Shui Kuen OWNER: Same 15754 SW Bulrush Lane Tigard, OR 97223 PROPOSAL: The applicants request approval for a Type 11 Home Occupation Permit to operate a clothing alteration business from their residence. COMPREHENSIVE PLAN DESIGNATION: R-25; Medium High-Density Residential District. ZONING DESIGNATION: R-25; Medium High-Density Residential District. The R-25 zoning district is designed to accommodate existing housing of all types and new attached single-family and multi-family housing units at a minimum lot size of 1,480 square feet. A limited amount of neighborhood commercial uses are permitted outright and a wide range of civic and institutional uses are permitted conditionally. LOCATION: 15754 SW Bulrush Lane; WCTM 2S105CA, Tax Lot 05600. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18,385, 18.390, 18.510 and 18.742. SECTION 11. DECISION Notice is hereby given that the City of Tigard Community Development Directbes designee has APPROVED the above request subject to certain conditions of approval. The findings and conclusions on which the decision is based are rioted in Section IV. HOP1999-00106ITYPE 11 Chan Ho Expert Alterations - "Urban Service Area" PAGE 1 OF 5 CONDITIONS OF APPROVAL UNLESS OTHERWISE NOTED, THE STAFF CONTACT SHALL BE MATHEW SCHEIDEGGER IN THE PLANNING DIVISION AT (503) 639-4171. 1. All Hume Occupation standards discussed in this decision and detailed in the City of Tigard Development Code Section 18.742, as indicated below, must be complied with at all times. 2. Customers of the business must be directed to park in the driveway and not utilize on-street parking. . Exterior signage must not exceed one (1), non-illuminated sign, no larger then 1.5 square feet which shall be attached to the residence or placed in a window. SECTION III. PUBLIC COMMENTS RECEIVED Five letters were received regarding this proposal. The concerns of the letters were, residential livability and that further development in the area was going to create additional unwanted traffic. Staff Response: The Bull Mountain Meadows Subdivision is zoned R-25, which does allow home occupations all long as they meet the criteria of the Code. The criteria created for home occupations are designed for compatibility between residential and small commercial businesses. The capacity of a local street is based on vehicle trips per day. Because Bulrush Lane is a local street, a maximum of 1,500 vehicle trips is allowed per day. The additional 12 vehicle trips generated by six customers are still within the allowable range for local streets. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS Section 18.742.040 states that all home occupations except those that have proven non- conforming status, shall observe the following criteria in addition to the standards established for Type I and Type 11 uses described in 18.742.060 Home occupations may be undertaken only by the principal occupant(s) of a residential property; The proposed home occupation is being undertaken by the property owner who is the principal occupant of the property. Therefore, this criterion is satisfied. There shall be no more than three deliveries per week to the residence by suppliers; The applicant has indicated there will be two to three customers per day, which falls within the parameters of this standard, therefore, this criterion has been satisfied. HOPI999-00106frYPE 11 Chan Ho Expert Alterations -"Urban Service Area" PAGE 2 OF 5 There shalt be no offensive noise, vibration, smoke, dust, odors, heat or glare noticeable at or beyond the property line resulting from the operation. Home occupations shall observe the provisions of the Tigard Community Development Code (TCDC) Chapter 18.090, Environmental Performance Standards; No offensive noise, vibration, smoke, dust, odors, etc., are anticipated based on the proposed home occupation business. Therefore, this standard has been met. The home occupation shall be operated entirely within the dwelling unitI and a conforming accessory structure. The total area which may be used in the accessory building for either material product storage and/or the business activity shall not exceed 528 square feet. Otherwise, the home occupation and associated storage of materials and products shall not occupy more than 2 percent of the combined residence and accessory structure gross floor area. The indoor storage of materials or products shall not exceed the limitations imposed by the provisions of the building, fire, health and housing codes; The applicant has provided a site plan illustrating that the business will be limited to the garage. The total square footage of the residence that will be utilized by the business is 100 square feet. Since the total square footage of the dwelling is 1,900 square feet, the proposed business does not exceed 25 percent of the residence. Therefore, this standard has been met. A home occupation shall not make necessary a change in the Uniform Building Code use classification of a dwelling unit. Any accessory building that is used must meet Uniform Building Code requirements and be in conformance with TCDC Chapter 18.144 of this title; No changes to the dwelling are proposed. Therefore, this criterion does not apply. More than one (1) business activity constituting two or more home occupations shall be allowed on one property, only if the combined floor space of the business activities does not exceed 25 percent of the combined gross floor area of the residence and accessory structure. Each home occupation shall apply for a separate home occupation permit. NOTE: The Tigard Business Tax requires payment for only one (1) Business Tax if the same owner is operating more than one approved business at the same location. Although payment for each separate business is not required, it is required that all names of the businesses' which are currently in operation at that location be specifically listed on the Business Tax Certificate and be visibly pasted at the business location. There are no other home occupations approved for this site, therefore, this criterion does not apply. There shall be no storage and/or distribution of toxic or flammable materials, and spray painting or spray finishing operations that involve toxic or flammable material which in the judgment of the Fire Marshall pose a dangerous risk to the residence, its occupants, and/or surrounding properties. Those individuals which are engaged in home occupations shall make available to the Fire Marshal, for review, the Material Safety Data Sheets which pertain to all potentially toxic and/or flammable materials associated with the use; HOP1999-00106rrYPE 11 Chan Ho Expert Alterations - "Urban Service Area" PAGE 3 OF 5 No storage or distribution of toxic or flammable materials is anticipated based on the proposed use, therefore, this criterion has been satisfied. No home occupation shall require any on or off-street parking other than that normally required for a residence; The applicant has indicated that there will be no employees working in the home in conjunction with the business that are not residents of the home. On-street parking should be unnecessary if the home occupation standards are being met. The Tigard Development Code states that the Director may impose conditions upon the approval of a Type 11 Nome Occupation Permit to insure compliance with the requirements of the Nome Occupation chapter. Staff, therefore, finds that a condition stating that the customers of the business must be directed to park in the driveway and not utilize on-street parking is warranted. With the condition, this criterion will be satisfied. The following uses are not allowed as home occupations: + ,Auto-body repair and painting; Ongoing mechanical repair conducted outside of an entirely enclosed building; ♦ Junk and salvage operations, and + Storage and/or sale of fireworks. The proposed home occupation does not involve any of the above uses, therefore, this criterion has been satisfied. There shall be no exterior storage of vehicles of any kind used for the business except one commercially licensed vehicle of not more than three-quarters tort GVW which may be parked outside of a structure or screened area; No exterior storage of vehicles is proposed or anticipated, therefore, this criterion has been satisfied. There shall be no storage of materials, goods, and equipment unless screened entirely from view by a solid fence. Storage shall not exceed five (5) percent of the total lot area and shall not occur within the front yard or the required side yard setback; No outdoor storage of materials, goods or equipment is proposed or anticipated, therefore, this criterion has been satisfied. In addition to the eneral approval criteria, Type-11 home occupations allow the following according to the CDC chapter 18.142.050: + One non-illuminated sign, not exceeding 1.5 square feet, which shall be attached to the residence or accessory structure or placed in a1 window; e No more than one outside volunteer or employee who is not a principal resident of the premises; + No more than six daily customers or clients. Customers and clients may not visit the business between the hours of 10:00 p.m. and 8:00 a.m. and shall not generate excessive traffic or monopolize on-street parking; and + Storage of materials, goads, and equipment which is screened entirely from view b a solid fence. Storage shall not exceed five S6) percent of the total lot area and sha l not occur within the front yard or the requireside yard setback. HOP 1999-00106rF PE 11 ham Ho Expert Alterations - "Urban Service Area" PAGE 4 aF 5 The applicants have indicated that a sign will be visible from the exterior of the premises. There will not be any full time employees other then the residents of the home. The applicant has indicated that;there will be 2-3 customers visiting the site per day. The Code allows up to 6 clients at the site, per day. The applicant has indicated that no clients will be coming to the site between the hours of 6:00 .m. and 11:00 a.m., Monday-Friday. Excessive traffic will not be created because, at MaXimzim, the increase will only be an additional 6 vehicle trips per day ( customers x 1 trip to and 1 trip from the site). As previously stated, no storage of materials are proposed or anticipated. Based on the above analysis, with the condition that the exterior sign meets the Horne Occupation Permit sign standards, the criteria for a Type 11 Home Occupation Permit have been satisfied. SECTION V. PROCEDURE AND APPEAL INFORMATION Notice: Notice was posted at City Hail and mailed to: X The applicant and owners Owner of record within the required distance Affected government agencies Final Decision: THIS DECISION IS FINAL ON SEPTEMBER 28, 1999 AND EFFECTIVE ON OCTOBER 13, 1999 UNLESS AN APPEAL IS FILED. Areal. The Director's Decision is final on the date that it is mailed. Any party with standing as provided in Section 13. 90.040.G.1. may appeal this decision in accordance with Section 18.390.040.6.2. of the Tigard Community Development Code which provides that a written appeal together with the required fed: shall be filed with the Director within ten (10) business days of the date the Notice of Decision was mailed. The appeal fee schedule and forms are available from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. Unless the a plicant is the appellant, the hearirican an appeal from the Director's Decision shall be confined to the speck issues identd in the written comments submitted by the parties during the comment period, Additional evidence concerning issues properly raised in the Notice of Appeal may be submitted by any party during the appeal hearing, subject to any additional rules of procedure that may be adopted from time to time by the appellate body. THE DEADLINE FOR FILING AN APPEAL IS 3:30 PM ON OCTOBER 12,1999; Questions: T you have any questions, please call the City of Tigard Planning Division, Tigard City Nall, 13125 SW Hall Boulevard, Tigard, Oregon at (503) 639-4171. September 28, 1999 PREPARED BY: athe Scheid ger DATE Assistant Planner - _September 2E, 1999 PREPARED BY: Richard Be dorff DATE Planning Manager i Acu rpln W athewlhoplhop 1999-00106.doe HOPI 999-00106 TYPE 11 Chan Hoa Expert Alterations -"Urban Service Area" PAGE 5 OF 5 U? s G • a I~ jY9 S`'3 £ i GEQGRARHkG 4NFOaA+ATli,S;u eYSTfY I ~G~ r aP SW 11 URRELE~TDR . VICINITY MAP 1 t HOP 1999-00106 CHAN H i EXPERT i ALTERATIONS SW so GT F a f S1T~ TEARCSE WAY B[1 i N CKY -N m E~ I E I.. ~ 0 100 20D 300 400. Feat w SW Y k l t Y t i"s 303.ieat ! i w 4:TEEN ST Sw I> ° I ~~o y U-) 1 City ~•~••y~ ! 3 ~CO' 9 t n:; -lapis f,;raaner~i:esUUnonly and _ sncl'.,: pe v the Development 9emces Division. 5 I 5325 SV ti i', E.. Tigard On fiF~/ gg I (503) 639.4171 t r -~f F° ( I i ! littplnrww.cl, '.us Community Devi rent Plat date: Sep 9,1999; G:1m, AAGC