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HOP1999-00143 Decision - AUTUMN FUNERAL SERVICE OTIC CF PE 11 ECI INN "URBAN SERVICES AH . HOME OCCUPATION. PERMIT (HOP) C to rbevetop 1999 00143 eammurzity2~cdefapirscrzt CITIIMN FUNERALS CREMATIONS Sfiap ,4 Metter Commullity 120 DAYS = 04114100 SECTION 1. APPLICATION SUMMARY ""URBAN SERVICES AREA" CASE NO: AUTUMN FUNERALS & CREMATIONS Home Occupation Permit HOP1999.00143 APPLICANT: Richard & Shari Hammel OWNER: Same 12639 SW Winterview Drive Tigard, OR 97224 PROPOSAL: The applicant requests approval for a Type 11 Nome Occupation Permit to run Administrative operations and arrangements for cremations and burials from their home. COMPREHENSIVE PLAN DESIGNATION: R-7 Medium Density Residential ZONING DESIGNATION: The R-7 Single-Family Medium Density Residential - 5,000 Square Feet Attached Per Unit, 7 Units Per Acre. The purpose of the R-7 zoning district is to establish sites for single-family detached and attached units for medium density residential developments. LOCATION: 12639 SW Winterview Drive; WCTM 2S109AD, Tax Lot 04200. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.510 and 18.742. SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's 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. HOPI999-001431TYPE 11 AUTUMN FUNERALS & CREMATIONS "URBAN SERVICES AREA" PAGE 1 of 5 CONDITIONS OF APPROVAL UNLESS OTHERWISE NOTED, THE STAFF CONTACT SHALL HE MATHEW SCHEIDEGGER IN THE PLANNING DIVISION AT (503) 639-4171. 1. All Nome 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. The Home Occupation may only be conducted within those rooms designated on the site plan. SECTION III. PUBLIC COMMENTS RECEIVED Three letters were received regarding this proposal The concerns of the letters target the City of Tigard allowing this type of business in residential neighborhoods, exterior signage and "grieving clientele being a regular part of the neighborhood." Staff Response: The Autumn Funerals & Cremations business is only conducting administrative operations and arrangements from the home. The City of Tigard"s Development Code does allow home occupations in residential neighborhoods as 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 Hammel's have indicated that very few, if any customers will be visiting the home and do not plan to post a sign on the property even though a 1.5 square foot sign is allowed. Therefore, the City of Tigard approves the home occupation on the basis that Autumn Funerals & Cremations fellows the criteria set forth in the home occupation standards. SECTI N 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 inj8.742.050: 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 no deliveries will be associated with the business. Therefore, this criterion has been satisfied. There shall 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 HOP1999-00149frYPE 11 AUTUMN FUNERALS & CREMATIONS "URBAN SERVICES AREA" PAGE 2 OF 5 observe the provisions of the Tigard Community Development Coda (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 unit and a conforming accessory structure. The total area which may b 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 25 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 one room in the home. The total square footage of the residence that will be utilized by the business is 500 square feet. Since the total square footage of the dwelling is 2500 square feet, the proposed business is only 20 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 meat 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 posted 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 Marshall, for review, the Material Safety Data Sheets which pertain to all potentially toxic and/or flammable materials associated with the use; 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; HoP1999-00143/TYPE It AUTUMN FUNERALS & CREMATIONS "URBAN SERVICES AREA" PAGE 3 of 5 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-strut parking should be unnecessary it the home occupation standards are being met. Therefore, this standard has been satisfied. The following uses are not allowed as home occupations: ♦ Auto-body repair and painting; s 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 ton 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 general approval criteria, Type41 home occupations allow the following according to the TCDC chapter18.142.050: a One non-illuminated sign, not exceeding 1.5 square feet, which shall be attached to the residence or accessory structure or placed in a window; o 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 8:40 a.m. and shall not generate excessive traffic or monopolize on-street parking; and ♦ Storage of materials, goods, and equipment which is screened entirely from view by a solid fence. Storage shall not exceed five (percent of the total lot area and shall not occur within the front yard or the requireside yard setback. The applicant has indicated that a no signage will be visible from the exterior of they premises.. There will not be any full time employees other than the residents of the home. The applicant has indicated that there will be I customer 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 *10:00 p.m. and 8:00 a.m., Monday-Friday. Excessive traffic will not be created because, at maximum, the increase will only be an additional 2 vehicle trips per day (1 customer x 1 trip to and 1 trip from the situ. As previous/yy stated, no storage of materials are proposed or antic8ccupation ated. Based on the above analysis, with the condition that the exterior sign meets the Nome Permit sign standards, the criteria for a Type II Nome ®ccupatioil Permit have been satisfied. HOPI 999-00143/TYPE {f AUTUMN FUNERALS & CREMATIONS "URBAN SERVICES AREA" PAGE 4 OF 5 9 SECTION V. PROCEDURE AND APPEAL INFQRMATION Notice: Notice was posted at City Hall and mailed to: X The applicant and owners X Owner of record within the required distance X Affected government agencies Final Decision: THIS DECISION IS FINAL ON JANUARY 14, 2000 AND EFFECTIVE ON FEBRUARY 1, 2000 UNLESS AN APPEAL IS FILED. Appeal: The Director's Decision is final on the date that it is mailed. Any party withstanding, as provided in Section 18.390.040.G.1., may appeal this decision in accordance with Section 18.390.040.G.2. of the Tigard Community Development Code which provides that a written appeal together with the required fee 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 farms are available from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. Unless the applicant is the appellant, the hearing on an appeal from the Director's Decision shall be confined to the specific issues identified 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 JANUARY 31, 2000. Question]s: If you have any questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon at (503) 639-4171. ti / 1 - January 14, 2000 PREPAR BYI ` =Ss~sta 'cheidp DATE - f-Planner January 14.2000 APPROVED BY: Richard H. Bewersdorff DATE Planning Manager hcurpintMathewlhop\HO P 1999-00143.doe HOP1999-00143frYPE'11 AUTUMN FUNERALS & CREMATIONS "URBAN SERVICES AREA*' PAGE 5 OF 5 SW AERIE DR aEOCr:rp+s:a i»w4e+nri7AP-F-A- 5W ODE ST sw j sW AMES LANE. URBAt4 SMVSW CHANDLER DRIVE ~ 01999-00141 z AUTUMN {Y_ G~ SW STARVIEW 6R. t f ,C CT w cc 111 SUB,IBG W SITE ~ B4 psvi ~ gULI~ ~ 1170° 200 300 d00 wo foot BU ~1Dt NiAfN ftt'➢° ~Lt~ l7f i i.t"il i$1(p {131TaR INi ti'-~ iss3j71S {Of Qi ' { 11011 filly d~twSd ha vent'ied c CSOVetoPm~t SoFV{~'s ~1v4sScst. 4~~z HauBlvd Tq9 ,t C-R 0T2n ~ 0.-417 7 hiSplN•, i.tSgatd.oe.us plot date: Dec 28, 1999; "rda~1C~MA6iC03aAE'8