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HOP2003-00100 Decision - LUNGU Y ERi^ _ R A 44.1vm *S HOME OCOUPAT PERU/ i ?) o 3 Q a , � "" + # CI OF y Car Ht M 0C t P 1iQi4 .;, 4,1TY TIGARD p � p =_ • ; ;:�;, : > : �u ° " x# ;Better.' ,ommunit : CO OS E LLS �FLEX � �:�.:, .. 120 DAYS = 02/19/2004 SECTION I. APPLICATION SUMMARY "URBAN SERVICE AREA" FILE NAME: LUNGU HOME OCCUPATION FILE NO.: Home Occupation Permit (HOP) Type II HOP2003 -00100 APPLICANT: Constantin Lungu OWNER: Same 15818 SW Sundew Drive Tigard, OR 97223 PROPOSAL: The applicant is requesting approval for a home occupation to operate a massage therapy and reflexology office out of the home. The applicant expects no more than 6 clients per day. COMPREHENSIVE PLAN DESIGNATION: R -12; Medium - Density Residential. ZONING DESIGNATION: R -12; The R -12 zoning district is designed to accommodate a full range of housing types at a minimum lot size of 3,050 square feet. A wide range of civic and institutional uses are also permitted conditionally. LOCATION: 15818 SW Sundew Drive; WCTM 2S105CD, Tax Lot 6300. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.385, 18.390, 18.510 and 18.742. SECTION II. DECISION N ' v ,.. ve s tefes nee has.. tAtfi V D Not cells:' hereb : Iven. that t>�te .CI ='x o ,.Tr` " acdCo , ;, mun %tykSDevelopment�Director' , ,.. ,.� -9� „the.- abov a uesti:sub e $ to n ,0 tions of;` t fov l 1T e gs encf �.. ii 1 sed :are, toteelg n k ; . `x �concluslor� .s:onw�reh�the.d - �? s °be :fir � �Sectt ©ir.iV� X . � .���: -` � ;- � ;���;, r \. .e, , ....�'�^€3; „,... ”: ' , ..FA'.- - .:s -:1,'d2.��,"•.3, -, ", i ,, h;ylz.:. ,' :r #a' ,'^;`a;,,e °. ,z,1,` >� >,,:, '.: u' . . ............F.,,- 4k? � u.'v'.2:" :0, 46 - .,.,.... HOP2003- 00100/TYPE II LUNGU HOME OCCUPATION PAGE 1 OF 5 CONDITIONS OF APPROVAL F ` ' f . ; . St3T ERWI °SE - "OTE E:` , ST A I = Q1w1T. `CT.:SHAL Bl : n KILBY I HE NI N,DI . F y , . NAT Vl,$1 t�1. ; ��5 � 3- ;fi39 -�4 "1 " °��._.��-.t��; ry . 1. All Home Occupation standards discussed in this decision and detailed in the Tigard Development Code Chapter 18.742 must be complied with at all times. 2. The applicant/owner shall direct the employee or any customers who visit the site to park in the driveway and not utilize on street parking. 3. The applicant shall not allow customers or clients to visit the site before 8:00am or after 10:00pm. SECTION III. PUBLIC COMMENTS RECEIVED The City mailed notice to property owners within 500 feet of the subject site providing them an opportunity to comment. The City received one written response. subject respondent requested that the permit be denied due to increased traffic and the availability of more appropriate spaces for home run businesses such as strip malls and business parks. STAFF REPONSE: With regard to child safety impacted by increased traffic, this argument is difficult to assess. Provided that the business receives 6 clients per day, every day, the increase expected from the business would be a maximum of 12 additional trips per day. The applicant has indicated that he expects no more than four clients per day. This does in fact increase traffic, but it is an acceptable increase by code standards. The Tigard Development Code does not prohibit home occupations, and identifies standards by which the owner must comply. The standards, if met, require approval of the application. Violations of the standards can be reported to City of Tigard Code Enforcement personnel for resolution and possible citation. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS Section 18742.040 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 II uses described in 18.742.050: 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. There shall be no more than three deliveries per week to the residence by suppliers; The applicant has indicated there will be no more than three deliveries per week of products or supplies to the residence. 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 TDC Chapter 18.725, Environmental Performance Standards; No offensive noise, vibration, smoke, dust, odors, etc. are anticipated based on the proposed Home Occupation business since it will be conducted indoors and involves no manufacturing or assembly. All proposed activities will take place within the residence. HOP2003- 00100/TYPE H LUNGU HOME OCCUPATION PAGE 2 OF 5 . 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% of the combined residence and accessory structure gross floor area, but in no case shall the portion of the home occupation occupying the accessory use exceed 528 square feet. The indoor storage of materials or products shall not exceed the limitations imposed by the provisions of the building, fire, health and housing codes; Twenty -five percent of the 1,661 square foot home size is 415 square feet. Staff has visited the site, and observed the proposed location of the business. The applicant has proposed to use a room in the residence that is approximately 400 square feet of the residence for the home occupation. 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. 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 Marshal, 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 necessary for 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 the driveway is capable of accommodating the client vehicles. The home has a two car garage and a driveway that can accommodate the parking. This standard is satisfied. The following uses are not allowed as home occupations: a Auto -body repair and painting. b Ongoing mechanical repair conducted outside of an entirely enclosed building. c Junk and salvage operations. d Storage and /or sale of fireworks. The proposed Home Occupation does not involve any of the above uses, and will be an office use only, therefore, this criterion has been satisfied. HOP2003- 00100/TYPE II LUNGU HOME OCCUPATION PAGE 3 OF 5 . 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; The applicant has indicated that there will be no commercial vehicles used for the business. This standard is 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; The applicant has proposed that materials associated with this business shall be stored in the office and is primarily paperwork. 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 -II home occupations allow the following according to the TCDC chapter 18.142.050: (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; (b) No more than one outside volunteer or employee who is not a principal resident of the premises; (c) 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; (d) 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 there will be no signage. There will be no additional employees. The applicant has indicated that there will be 4 -6 clients visiting the site per day. As previously stated, no storage of materials is proposed or anticipated. The hours of operation for the business will be between 8:00 a.m. and 4:00 p.m. These standards are satisfied. SECTION V. OTHER STAFF COMMENTS The City of Tigard Engineering Department, Residential Plans Examiner, Police Department, and Water Department have all reviewed the proposal and have no objections to it. SECTION VI. AGENCY COMMENTS Tualatin Valley Fire and Rescue and Washington County Transportation and Land Services have reviewed the proposal and found no objections to it. SECTION VII. PROCEDURE AND APPEAL INFORMATION 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 HOP2003- 00100/TYPE II LUNGU HOME OCCUPATION PAGE 4 OF 5 i Final Decision: THIS DECISION IS FINAL ON NOVEMBER 13, 2003 AND EFFECTIVE ON DECEMBER 2, 2003 UNLESS AN APPEAL IS FILED. Appeal: The Director's Decision is final on the date that it is mailed. Any party with standing 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 forms 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. I THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON DECEMBER 1, 2003. Questions: 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. /�� �.� November 13, 2003 PREPARED BY: Brad Kilby DATE Associate Planner l 111‘ 11:1111IPL 1 November 13, 2003 APPROVED BY: Richard H. 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