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HomeMy WebLinkAboutDecision 0 1TY ° Anacortes Planning, Community & Economic Development Department yJ �� 904 6TH Street/ P.O. Box 547, Anacortes, WA 98221 og,�ki (360) 299-1984-Office Hours: Mon-Fri 8:00 AM—5:00 PM ADMINISTRATIVE DECISION: HOME OCCUPATION PERMIT Date: August 26, 2021 File Number: Home Occupation Permit, HMO-2021-0003 Proposal: The applicant is requesting a Home Occupation Permit for a home-based chiropractic practice. The home business would be accessory to the continued residential use of the structure. FINDINGS OF FACT 1. The subject property is located at 2401 15th St, Anacortes, WA 98221, and identified by Assessor's Parcel Number: P56410. 2. The subject property is owned by David & Patricia Cox according to Bargain & Sale Deed recorded March 18, 2004 under AFN: 201403180070. 3. The subject property is located within the Residential Low Density 2A(R2A)zoning district. 4. The subject property is currently developed with a single-family residence (SFR) and detached garage. 4.1. Pursuant to AMC Section 19.47.040(A), home occupations may allow certain activities to be undertaken for gain or profit within a dwelling, or a building accessory to a dwelling, in any zone in which dwellings are present, while maintaining the residential character of the property and avoiding detrimental effects to the surrounding neighborhood. 5. On July 19, 2021, David Cox(owner/applicant), submitted a request for a home occupation permit. 6. Pursuant to AMC Section 19.20.110, a Determination of Complete Application was issued on August 5, 2021, establishing that the application was complete for processing 7. Pursuant to AMC Section 19.20.080, the Notice of Application was referred to surrounding property owners within 300 ft.,jurisdictional agencies, and departments of the City. These agencies and surrounding property owners were notified on August 11, 2021, with comments due on August 25, 2021. 8. Home occupations must meet the required standards and criteria pursuant to AMC Section 19.47.040(C). 8.1. The proposed home occupation is not anticipated to create any noise, dust, glare, vibration, odor, hazardous waste, smoke, electrical interference, or other adverse impact on the surrounding residential area. 8.2. The principal use of the subject property would continue to be residential. The proposed occupation is to occur in a portion of the garage, totaling roughly 198 sq. ft.; therefore, the proposed occupation would be under 25% of the floor area of the residence. Page 1 of 3 8.3. As proposed, the only exterior indication would be via the allowable sign. The proposed sign would be required to meet the standards of AMC 19.66, Signs. 8.4. The home occupation is not proposed to employee any person other than the applicant, David Cox. 8.5. No more than (1) client is seen at a time; therefore, parking is not anticipated to be problematic. 8.6. The home occupation permit would not be transferred to another person and would stay with the current owner's while they own the subject property. 8.7. As a condition of approval, the applicant would be required to obtain all required business licenses prior to commencement of the occupation. 8.8. The proposed home occupation is not anticipated to create excess noise or traffic outside of normal residential use. Most materials in connection with the occupation would be obtained and delivered by the applicants. CONCLUSIONS OF LAW 1. The proposed home occupation has been reviewed for consistency with the regulations outlined in AMC Chapter 19.47 regulating Home Occupation Permits in the City of Anacortes. 2. The proposed home occupation permit application was processed consistent with AMC Table 19.20.030-1 for Type 2, Administrative Decision Review. 3. Any Finding of Fact that is more correctly a Conclusion of Law is hereby incorporated as such by this reference. DETERMINATION Pursuant to the above analysis, based on the file of record, the proposal, as conditioned, meets the requirements for home occupation permit per AMC Section 19.47.040. The Administrator hereby CONDITIONALLY APPROVES the applicant's request to establish a home occupation for a chiropractor practice on the erty. FP-ega Don Measamer, Director of Planning, Community, & Economic Development ate CONDITIONS OF APPROVAL 1. Pursuant to AMC 19.47.040(C)(3), the applicant shall submit for a permit for the proposed sign; said sign shall be compliant with AMC 19.66. 2. Pursuant to AMC 19.47.040(C)(5), the applicant shall allocate adequate off-street parking for clients visiting the home occupation. 3. Pursuant to AMC 19.47.040(C)(7), the owner/applicant shall obtain all required business licenses for the proposed home occupation. 4. Pursuant to AMC 19.47.040(D), any expansion or change of the nature of the home occupation that does not qualify for a minor permit revision, requires a new permit. 5. If modifications to the practice area, the applicant shall obtain all required building permits from the City of Anacortes. Page 2 of 3 APPEALS Pursuant to AMC Section 19.20.180, the applicant or any party of record may appeal this administrative decision to the Hearing Examiner by filing a notice of appeal delivered to the City Clerk within 14 calendar days after written notice of the decision is mailed and with the appropriate appeal fees. Page 3 of 3