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2011, 03-01 Home Business Clarification LtrCOMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION March 1, 2011 Tim & Arlene Stromberger P.O. Box 640 Davenport, WA 99122 SUBJECT: Re: 18625 E Riverway Ave - response to letter dated February 19, 2011. Dear Mr. & Mrs. Stromberger, This letter is in response to your request to consider approval of another business locating on your Riverway Avenue property. In 1989, a Conditional Use Permit (CUP) was approved by the Spokane County Hearing Examiner for your business, Spokane County File No. CUE-2-89. At that time, Spokane County's Code allowed businesses in residential zones with a Conditional Use Permit, specifically as a "Home Industry". The final Hearing Examiner decision states that the Home Industry category is specifically for "an antique auto restoration business only." The decision further specifies that the Home Industry permit is limited to your antique restoration business; other businesses are not allowed, even those similar in nature such as auto body repair and painting. The CUP may be transferred another owner conducting the same business as Tim's Hot Rods, but another owner with a different type of business would not be allowed per the conditions of the CUP. You state in your letter that you have "Customer Appreciation Day" with more than 100 vehicles on premises. This is contrary to the approval granted for the CUP where it states the use "is a low intensity land use that should not generate excessive traffic or activity that would be disruptive to the area." Regarding the Barker Road Bridge project, you state that your main driveway was blocked during the construction process. The CUP was approved with access from Riverway only; there is no evidence that an approach permit or any other approvals were granted allowing access from Barker Road. When you sell your house, any new business desiring to locate there is subject to the codes and provisions in place when an application is made. The Spokane Valley Municipal Code (Section 19.40.140) includes provisions for Home Occupations, such as accounting offices, home based crafts or a small hair salon. Based on the information we have received, it appears that scope and scale of Acme Integration does not meet the criteria for a Home Occupation, such as the number of employees engaged in the business and the traffic that would be generated in a residential neighborhood. Additionally, the Home Occupation section of the SVMC lists specific examples of uses which are not permitted as home occupations, including large appliance/electronics or equipment repair or service and 1 of 2 wholesale or retail sales. Acme Integration conducts both of these types of activities as explained by the owner. Please contact me at (509) 720-5300 or kmcclung@spokanevalley.org if you have any questions. Sincerely, KATHY MCCLUNG Community Development Director Community Development Department 2 of 2