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HomeMy WebLinkAboutR-1990-D5683 Home Occupation Application• RESOLUTION NO. D 5 6 1111 3 A RESOLUTION granting with conditions the application of Harold L. Larson for a barber shop as a home occupation at 5606 Haven Way in the City of Yakima. WHEREAS, Harold L. Larson of 5606 Haven Way in the City of Yakima has made an application for a barber shop as a home occupation, and WHEREAS, Harold L. Larson submitted an application for Class 2 Review for his home occupation, and WHEREAS, the City of Yakima's Planning staff forwarded this application to the Administrative Official, Robert Shampine with a recommendation of approval on August 21, 1989, and WHEREAS, after receiving written comments, Mr. Shampine issued a final decision of denial on September 6, 1989, and WHEREAS, Class 2 Decisions are appealable to the Hearing Examiner, and Mr. Larson filed a timely appeal, resulting in a public hearing on October 4, 1989, and WHEREAS, the Hearing Examiner reversed the decision of the Administrative Official and approved the home occupation application under three conditions under Examiner's Decision, City No. UAZO Appeal #3-89, Examiner No. 89-1-58, and WHEREAS, several property owners in the vicinity of 5606 Haven Way submitted a timely appeal of the Hearing Examiner's decision to approve the barber shop as a home occupation, and WHEREAS, on December 12, 1989, a public meeting was held by the Yakima City Council regarding the appeal submitted on October 27, 1989, which resulted in the City Council rejecting the Hearing Examiner's decision, and WHEREAS, no verbatim record was made of the public meet- ing due to the tape recording equipment not operating, and (res/larson) WHEREAS, Harold L. Larson through his attorney has re- quested a reconsideration of the City Council's decision on December 12, 1989, and WHEREAS, on December 19, 1989, the City Attorney for the City of Yakima issued a letter to representatives of both parties stating a public hearing/meeting would be held and new evidence would be allowed to be submitted to the City Council, and WHEREAS, on January 16, 1990, a public hearing/meeting was held before the City Council and all parties stipulated that new information could be submitted to and considered by the City Council, and WHEREAS, the Yakima City Council has reviewed the Hearing Examiner's file and received information on this appeal and reconsideration, now, therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The findings and conclusions of the City Council which are attached hereto and incorporated herein by reference are the findings and conclusions of the majority of the City Council. The decision of the Hearing Examiner in this matter is amended and the December 12, 1989, decision of this Council is reversed with conditions imposed. Accordingly, Harold Larson's home occupation application is granted with the following conditions: (1) no sign or nameplate indicating the business use of the property, in such a manner that is visible to the general public from the street in front of the appli- cant's residence shall be allowed to be placed on the applicant's property. (2) the operation shall be limited to a one -chair barber shop conducted by Harold L. Larson. (3) haircuts will be given only on a prearranged appointment basis and no haircuts may be given to clients who have not previously scheduled an appointment. -2 (res/larson) • • (4) the barber shop shall operate only on Mondays through Fridays, during the hours of 9:00 a.m. to 5:00 p.m. (5) Harold L. Larson shall inform each of his clients that his home is the first home on the left on the Haven Way cul-de-sac, that his clients are to pull into the first driveway on the left and park in his driveway and not on the street. This requirement may be accomplished by informing the client when he or she schedules an appointment or by giving the client a writ- ten message conveying this information. (6) The business shall be conducted in compliance with the specific criteria of Yakima Municipal Code Section 15.04.090, except to the extent the above re- quirements are more restrictive. This home occupation approval with conditions is subject to revocation under the terms of YMC Chapter 15.24 if the conditions contained herein are not followed or for other reasons as allowed by YMC Chapter 15.24. ADOPTED HY THE CITY COUNCIL this day of -Qbc- 1990. ATTEST: City Clerk (res/larson) cLe - 3 Mayor FINDINGS AND CONCLUSIONS OF THE YAKIMA CITY COUNCIL IN THE MATTER OF HAROLD L. LARSON'S APPLICATION FOR A HOME OCCUPATION AT 5606 HAVEN WAY IN THE CITY OF YAKIMA The Yakima City Council having received and considered the Hearing Examiner's file, written argument, and memorandum of au- thority from all parties, and reviewed the Yakima Urban Area Zoning Ordinance and Yakima Urban Area Comprehensive Plan, and heard new information at the January 16, 1990 public hearing/meeting, and being fully advised in this matter makes the following Findings and Conclusions: FINDINGS 1. On August 7, 1989, Harold L. Larson of 5606 Haven Way in the City of Yakima applied for a home occupation permit to have a barber shop at his residence. 2. On August 21, 1989, the Planning staff forwarded Mr. Larson's application to the Administrative Official with a recom- mendation of approval. On September 6, 1989, the Administrative Official denied Mr. Larson's application. On September 13, 1989, Mr. Larson appealed the Administrative Official's decision of denial. On October 4, 1989, a public hearing on the appeal was conducted by the City's Hearing Examiner. On October 13, 1989, the Hearing Examiner's decision reversed the Administrative Official's denial and granted the home occupation application under three (misc/larson) conditions. On October 17, 1989, property owners in the vicinity of 5606 Haven Way submitted an appeal of the Hearing Examiner's decision to approve the barber shop as a home occupation. 3. On December 12, 1989, a public meeting was held by the Yakima City Council regarding the appeal submitted on October 27, 1989, which resulted in the City Council rejecting the Hearing Examiner's decision and denying the home occupation application. No verbatim record was made of the public meeting due to the tape recording equipment not operating properly. Because of that fact and because of a request for reconsideration by Harold L. Larson through his attorney, which the City Council has granted and pursu- ant to notice to the parties a public hearing/meeting was held on January 16, 1990. At the public hearing/meeting all parties stipu- lated that new information could be submitted to and considered by the City Council. 4. Home occupations are governed by the Yakima Municipal Code (YMC) Title 15, "Urban Area Zoning Ordinance." Three of the several listed purposes of the Urban Area Zoning Ordinance are, (1) to achieve public and private land use decisions consistent with the policies and objectives of the Yakima Urban Area Comprehensive Plan, (2) protect existing land uses and property values from adverse impacts of adjoining developments, and (3) reduce traffic danger and congestion on roads and highways (YMC 15.01.030). In addition the Urban Area Zoning Ordinance is designed to be flexible with the flexibility balanced by procedures and standards designed 2 (misc/larson) to guard against and mitigate undue adverse impacts and to protect individual neighborhoods and the community's general welfare. Thus, a balancing approach between uses of individual property owners and adverse impacts on individual neighborhood's and commu- nity's general welfare is an integral part of the Urban Area Zoning Ordinance (YMC 15.01.030). 5. Specifically home occupations are governed by YMC Section 15.04.090 and Table 4-2, which lists the home occupations which are permitted in the various zoning districts, together with the appli- cable level of review. Barber shops are considered a Class 2 use in all residential zones. 6. Class 2 uses are generally permitted in the district. However, the compatibility between a Class 2 use and its sur- rounding environment cannot be determined in advance and occasion- ally a Class 2 use may be incompatible at a particular location (YMC § 15.04.090). 7. All home occupations must meet twelve (12) necessary conditions specified in YMC 15.04.090C before they will be per- mitted. When those necessary conditions are not met the home occupation application will not be approved. Also, additional conditions to ensure the home occupation will be in harmony with and not detrimental to the character of the residential neigh- borhood may be considered. (misc/larson) • 8. The overall intent of the home occupation section of the Urban Area Zoning Ordinance is to (1) ensure the compatibility of home occupations with other uses permitted in the residential districts; and (2) maintain and preserve the character of residen- tial neighborhoods; and (3) promote the efficient use of public services and facilities by assuring these services are provided to the residential population for which they were planned and con- structed, rather than commercial uses (YMC 15.04.090). 9. Development criteria contained in the Urban Area Compre- hensive Plan in the optimal land use chapter require consideration of a number of elements in determining compatibility. These in- clude the impact of traffic, impact on adjacent property values, and citizen preference. 10. Citizen input is an important consideration when deter- mining the compatibility of proposed development with neighboring pre-existing uses as the area residents are able to identify poten- tial problems or conflicts created by a proposed development and may offer positive suggestions for modifying the project or site design to mitigate those conflicts. Although citizen input is an important consideration, citizens do not have veto power over land use decisions. The final decision rests with those authori- ties as set forth in the Yakima Urban Zoning Ordinance. (misc/larson) 4 11. The site is currently zoned single family (R-1) and contains a single family residence. 12. The applicant's property is the first house on the south side of Haven Way. Haven Way is a dead end street with a cul-de- sac. 13. There are no sidewalks on either side of Haven Way. 14. The history of the neighborhood is one of having low traffic with residents accustomed to using the street to walk, ride tricycles and bikes on, and to play on. 15. The Haven Way cul-de-sac neighborhood is comprised of a large number of senior citizens and young children. There are small children on both ends of the street. 16. A large section of commercial property (Chalet Mall) abuts Haven Way to the south which is zoned Large Convenience Center (LCC). 17. A home occupation may decrease property value on Haven Way. 18. There was a previous home occupation at the applicant's residence that ended in the 1970's. Customers going to that loca- tion at 5606 Haven Way would often drive past the home occupation 5 (misc/larson) site and ended up traveling to the end of the cul-de-sac to turn around to return to the business they had passed. 19. The home occupation use proposed by the applicant will increase traffic on at least part. of Haven Way. 20. The home occupation will create parking problems if cus- tomers park on the street. 21. Cars visiting or belonging to the applicant's neighbors are often parked on the side of applicant's street from the corner of 56th to applicant's driveway. 22. Barber shops in the general area include barber shops at 50th Avenue and Tieton and 40th Avenue and Summitview. 23. The applicant's residence has parking for three (3) off-street vehicles in front of his residence and for four (4) vehicles at the rear of his residence. 24. The applicant does not use the three (3) off-street parking spaces in the front of his house for his private parking. 25. The applicant has stated his customers will park on the property not on the street and at most he will have two (2) vehi- cles from customers at his home at one time. (misc/larson) 6 26. The applicant's residence has a private outside entrance to the proposed barber shop area. No change to the structure of the house will be required. 27. The applicant states his home business will be open only on Mondays through Fridays with six (6) to eight (8) customers per day by appointment only, with one (1) customer at a time. 28. The applicant states that he will clearly inform his customers of his location when they call for an appointment to avoid them missing his driveway and using the cul-de-sac to turn around in. 29. Some residents of Yakima feel the location of the appli- cant's residence would fulfill a need to have a barber shop in that area. 30. It has been the applicant's normal business practice over the years to make appointments for his customers. One customer has used his services for over twenty (20) years and has never seen two (2) people in his shop at one time. FROM THE FOREGOING FINDINGS, the City Council makes the fol- lowing: 7 (misc/larson) • • CONCLUSIONS 1. The City Council has jurisdiction. 2. New information presented to the City Council was largely cumulative of the evidence in the Hearing Examiner's record. The conclusions of the City Council are based upon the Hearing Examin- er's record and would not be changed if new information was or was not considered by the Council. 3. This home occupation will result in: (a) Increased traffic on Haven Way creating traffic and safety problems to this particular cul-de-sac neighbor- hood; (b) Increased parking problems by customers choosing to park on the street rather than off-street; (c) Decreased property values of surrounding neighbor- hood properties; (d) Diminished character of this particular residential neighborhood; unless additional conditions are imposed to ensure the home occupation will be in harmony with and not detrimental to the character of the residential neighborhood. 4. The following additional conditions will result in the home occupation being in harmony with, and not detrimental to, the character of the residential neighborhood: (misc/larson) 8 (a) No sign or nameplate indicating the the property, in such a manner that is general public from the street in front cant's residence shall be allowed to be applicant's property. business use of visible to the of the appli- placed on the (b) The operation shall be limited to a one -chair barber shop conducted by Harold L. Larson. (c) Hair cuts will be given only on a prearranged ap- pointment basis and no hair cuts may be given to clients who have not previously scheduled an appointment. (d) The barber shop shall operate only on Mondays through Fridays during the hours of 9:00 a.m. to 5:00 p.m. (e) Harold L. Larson shall inform each of his clients that his home is the first home on the left on the Haven Way cul-de-sac, that his clients are to pull into the first driveway on the left and park in his driveway and not on the street. This requirement may be accomplished by informing the client when he or she schedules an appointment or by giving the client a written message containing this information. (f) The business shall be conducted in compliance with the specific criteria of the Yakima Municipal Code Sec- tion 15.04.090, except to the extent the above require- ments are more restrictive. 5. Accordingly, the Hearing Examiner's decision is amended and the December 12, 1989, decision of the City Council is re- versed. The home occupation application is granted with the condi- tions as specified in paragraph (4) above. This decision is final and conclusive unless within thirty (30) days an aggrieved party - 9 - (misc/larson) • obtains an appropriate writ of judicial review from the Yakima County Superior Court for the purpose of review of the action taken. 6. This home occupation approval with conditions is subject to revocation under the terms of YMC Chapter 15.24 if the condi- tions contained herein are not followed or for other reasons as allowed by YMC Chapter 15.24. (misc/larson) - 10 -