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HOP2000-00024 Decision - STARKS DANCE STUDIO (2) NOTICE OF TYPE II DECISION "URBAN SERVICES AREA'" / P_YJA NOME OCCUPATION PERMIT [HOP] 2000-00024 G4SY OF TIGARD commutu!j xI .(uprrr:nt STARKS DANCE STUDIO Shapixg A~BettercomTimIIIt y 120 DAYS ^ 06129/00 SECTION 1. APPLICATION SUMMARY "URBAN SERVICES AREA" CASE NO: STAR KS DANCE STUDIO Home Occupation Permit HOP2000-00024 APPLICANT: Victoria Starks OWNER: Same 15238 SW Firtree Drive Tigard, OR 97223 PROPOSAL: The applicant requests approval for a Type 11 Home Occupation Permit to run private dance instructions from their home. COMPREHENSIVE PLAN DESIGNATION: R-7 Medium Density Residential ZONING DESIGNATION: R-7; 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: 15238 SW Firtree Drive, WCTM 2S105DB, Tax Lot 03500. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.510 and 18.742. SECTION 11. 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 noted in Section IV. F OP2000-00024ffYPE 11 STARKS DANCE STUDIO"URBAN SERVICES AREA" PAGE 1 OF 6 I' CONDITIONS OF APPROVAL UNLESS OTHERWISE NOTED, THE STAFF CONTACT SHALL BE MATHEWSCHEIDEGGER IN THE PLANNING DIVISION AT (503) 6639-4171. 1. All Home 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. 3. All vehicles associated with the Starks and Company Dance Studio as well as customer vehicles must park on-site and not utilize on street parking . 4. Music, noise and vibration associated with the dance studio shall not be audible beyond the property lines and violations will be subject to permit revocation. 5. Noise, music and vibration complaints will require the applicant to pay for acoustic/noise monitoring by a certified acoustical engineer under the supervision of the City. SECTION Ill. PUBLIC COMMENTS RECEIVED Numerous letters were received regarding this proposal. The concerns of the letters target the City of Tigard allowing this type of business in residential neighborhoods, drumming with the doors open, loud music and tap dancing, vibration and excess traffic. Neighbors have complained that this type of activity forces property values dawn and is negative effect on the aesthetic value of the neighborhood. Staff Response: 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 Stark's have indicated that very few customers will be visiting the home and do not plan to post a sign on the property even though a 1. square foot sign is allowed. As a condition of this permit, noise and vibration is not allowed beyond the property line. As noted below, the Starks can only have 5- clients a day and parking will be restricted to off-street parking only. If the applicant violates any of the conditions of the Type Il Home Occupation permit, the City of Tigard's Code Compliance Officer is available to take complaints and the permit approval is subject to revocation and fines. 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 18.742.050: 11OP2000-00024/TYPE 11 _ j- STARKS DANCE STUDIO"URBAN SERVICES AREA" PAGE 2 OF 6 Horne 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 observe the provisions of the Tigard Community Development Code (TCDC) Chapter 18.090, Environmental P'erf'ormance Standards; There is potential for noise, music and vibration from the proposed activity. This has been attested to by neighbors relating to past practices. Conditions have been written requiring no audible noise beyond the property line and professional testing should complaints be received. The home occupation shall be operated entirely within the dwelling unit 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 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 the garage of the primary structure. The total square footage of the residence that will be utilized by the business is 400 square feet. Since the total square footage of the dwelling is 2,694 square feet, the proposed business is less than 0 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 2 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 HOP2000.00024ITYPE 11 STARKS DANCE STUDIO"URBAN SERVICES AREA" PAGE 3 OF 6 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 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 tonic or flammable materials is proposed in the application. 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 is not permitted by customers as a condition of approval. The Tigard Development Code requires one parking space for each dwelling unit. The applicant has at least two parking spaces. Therefore, this standard has been 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 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, Type-11 home occupations allow the following according to the TCDC chapter 18.142.050: k- IOP2000-©002A(rYPE 11 STARKS DANCE_ STUDIO"€ RBAN SERVICES AREA" PAGE 4 OF 6 + One non-illuminated sign, not exceeding 1.5 square feet, which shall be attached to the residence or accessary structure or placed in a window; + 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, goods, and equipment which is 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. The applicant has indicated that a no signage will be visible from the exterior of the premises. There will not be any full time employees other than the residents of the home. The applicant has indicated that there will be 1 to 2 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 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 4 additional vehicle trips per day (2 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, the criteria for a Type If Nome Occupation Permit have been satisfied. SECTION V. PROCEDURE AND APPEAL INFORMATION Notice: Notice was posted at City Nall 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 APRIL 4, 2000 AND EFFECTIVE ON APRIL 19, 2000 UNLESS AN APPEAL 1S 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 Nall, 13126 SW Nall 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. HOP2000-000241TYPE 11 STARKS DANCE STUDIO)"URBAN SERVICES AREA" PAGE 5 OF 6 THE DEADLINE FOR FILING AN APPEAL IS 3.30 PM ON APRIL 18, 2000. Questions: If you have any questions, please calf the City of Tigard Planning Division, Tigard City Hall, 13125 W Hall Boulevard, Tigard, Oregon at (503) 639-4171. ~ f April 4, 2000 PREI Rf b B~ Mathew h deg er DATE Assistant Planner c c April 4, 2000 APPROVED BY: Richard H. Be e dorff DATE Planning Manager I;Ncu rplntMattiew5hapkHOP2000-O0024 r io p2000-00024/TYPE it STARKS DANCE STUDIO"URBAN SERVICES AREA" PAGE 6OF 6 _ f •xAi ~ _ i ~ GE tAPN 56 VICINITY MAP i -URBAN SERVICE AREA" f 'r 00-00024 ~0?2 { C I _ } cr- t uU ! w , 3: -R E JENSHIR, { - sw ` { S y I- iR~._ -rte MR ~ 7 SUB EC f ( 1f l C a ,aa aao avv aoa tvet AX OT E wn-aan an this trap s . cncsat tacalian only anA I shauVct bo 4°c;~red -v C rrgn, Serrices t7wisi4tt. II C Y - r s[s ug 77, RG1C43.APft Plow dates Mar S 2QOC L. ' Community Devr ent