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CUP-01-05(2) 6-29-05 CITY OF SPOKANE VALLEY HEARING EXAMINER RE: Conditional Use Permit for a Home Industry, ) in the Urban Residential-3.5 (UR-3.5) Zone; ) FINDINGS OF FACT, Applicant: Lon Nelson ) CONCLUSIONS OF LAW, File No. CUP-01-05 ) AND DECISION I. SUMMARY OF DECISION Hearing Matter: Application for a conditional use permit for a home industry. Summary of Decision: Approve application, subject to revised conditions of approval, including but not limited to conditions requiring the applicant to establish the site as his place of primary residence, limit the gross floor area of detached accessory structures utilized by the home industry to twice the gross floor area of the residence located on the site; and authorizing City staff to require the applicant to submit a noise study prepared by a qualified consultant, if noise complaints regarding the home industry are received from neighboring property owners. II. FINDINGS OF FACT 1. The application requests a conditional use permit for a home industry, in the Urban Residential-3.5 (UR-3.5) zone, to make and store ice, and mix and store "sno-cone" flavorings, for a"sno-cone" retail business located off-site. 2. The site is located along the south side of 12th Avenue, approximately 250 feet east of the intersection of Evergreen Road and 12th Avenue; in the SW 1/4 of Section 23, Township 25 North., Range 44 East, Willamette Meridian, Spokane County, Washington. 3. The site is currently referenced as County Assessor's tax parcel no. 45233.1909, and has a street address of 13924 E. 12th Avenue. 4. The applicant for the proposal is Lon W. Nelson, 14915 East 17th Court, Spokane Valley, Washington, 99037. The site owners are Lon and Loretta Nelson, at the same address 5. On March 2, 2005, the applicant submitted a complete application for the conditional use permit for a home industry to the City of Spokane Valley Department of Community Development. 6. On April 22, 2005, the Department of Community Development issued a Determination of Nonsignificance (DNS) for the proposal. The DNS was not appealed. 7. On May 19, 2005, the Hearing Examiner conducted a public hearing on the proposal. The requirements for notice of public hearing were met. The Examiner conducted a site visit on May 18, 2005. HE Findings, Conclusions and Decision CUP-01-05 Page 1 8. The following persons testified at the public hearing: Micki Harnois Stan Schultz Community Development Department 425 S. Alpine Drive City of Spokane Valley Liberty Lake, WA 99019 11707 E. Sprague Avenue, Suite 106 Spokane Valley, WA 99206 Lon W. Nelson Debra Kijima 14915 E. 17th Court 14006 E. 12thAvenue Spokane Valley, WA 99037 Spokane Valley, WA 99037 Loretta Nelson Eleanor Simon 14915 E 17th Court 14106 E 13th Avenue Spokane Valley, WA 99037-9357 Spokane Valley, WA 99037-8615 9. The public hearing was held in accordance with City Ordinance No. 03-57, as amended by Ordinance Nos. 03-081 and 04-012; and the Hearing Examiner Rules of Procedure adopted pursuant thereto. 10. The Hearing Examiner takes notice of the City Comprehensive Plan, City Zoning Code, City Phase I Development Regulations, 2001 City Standards for Road and Sewer Construction, the 1998 City Guidelines for Stormwater Management, other applicable development regulations, and prior land use decisions in the vicinity. 11. The record includes the documents in File No. CUP-01-05 at the time of the public hearing; the documents and testimony submitted at the public hearing; and the items taken notice of by the Hearing Examiner. 12. The site is approximately 40,320 square feet, or .93 acres in size; and is relatively flat in topography. The property is 112 feet wide and 360 feet deep. A 2,052-square foot, single-story, single-family dwelling is located in the north end of the site, 80 feet from 12th Avenue and eight (8) feet from the east property line. A 2-car detached garage is located 30 feet south of the residence on the site, a distance of seven(7) feet from the west property line. A 288-square foot portable shop is located seven(7) feet south of the garage. 13. On October 8, 2004, the City issued a building permit to allow the applicant to construct a 3,300-square foot, 32-foot tall metal storage building in the south end of the site. The permit limited use of the building to dry storage, and did not authorize operation of a business out of the building. On March 14, 2005, the City issued a plumbing permit to allow the applicant to install a toilet, sinks, clothes washer and hot water tank in the metal building; subject to the permit being revoked if the current conditional use permit application was not approved by the Hearing Examiner. HE Findings, Conclusions and Decision CUP-01-05 Page 2 14. The metal building constructed in the south end of the site is located approximately 40 feet from the south property line, 22 feet from the west property line, 30 feet from the east property line, and 320 feet from the north property line. The site is surrounded by a 6-foot high sight- obscuring fence, portions of which are board, and portions of which are being replaced with wood fencing supported by metal poles. The residence and metal building on the site are served by an on-site sewage system, which system did not require expansion for the plumbing improvements in the metal building. A gravel driveway serves the metal building from 12th Avenue. 15. The metal building has a garage door opening on the east side of the north wall that is 24 feet wide and 14 feet tall, and a large concrete loading area in front of the garage on the north side. The east half of the building would have a second story. Doors to the outside are located at ground level on the east and north sides of the building, and on the second story along the east half of the south wall. Some windows are located on the second story. The building has 6-inch insulation in the walls, and would be air conditioned. 16. The west half of the first story of the metal building would be used for storage and a shop, and has a ceiling height of 18 feet. The east half of the first story is considered the kitchen for the business, and has a ceiling height of nine (9) feet. The kitchen includes a 12-foot by 18-foot walk- in freezer for ice storage located in the southeast corner, an adjacent 8-foot by 16-foot storage area that abuts the south wall, a specialized tank for making ice, a restroom, various sinks, a washer and dryer for cleaning towels, floor drains, and additional storage areas. An air compressor, serving the cooler for the walk-in freezer,would be located at ground level on the outside of the south wall of the building, 18 feet in from the southeast corner of the site. 17. At the public hearing, the applicant testified that the partial second story of the metal building would have a ceiling height of nine (9) feet and a gross floor area of 1,800 square feet; although the applicant indicated the dimensions of the partial second story to be 30 feet by 55 feet, which corresponds to a floor area of only 1,650 square feet. The applicant plans to install a 20-foot by 20-foot office on the second story in the east half of the building. There would be no living quarters in the metal building. 18. The site plan of record, consisting of two sheets of paper submitted on March 3, 2005, illustrates the existing improvements on the site, and a floor plan of the first story of the metal building. The portable trailer and the barn illustrated on the site plan have been removed from the site, and the portable greenhouse will be removed. 19. The applicant currently has five (5) huts, or kiosks, that are transported off-site using a pickup and utility trailer for the retail portion of the business. The huts,which are very tall, would be stored in the west half of the metal building. The applicant would have two trailers and a pickup on the site for transporting the huts, and a 1-ton truck with a freezer compartment used to transport ice. 20. The applicant indicated that the 1-ton truck would be parked next to the loading ramp during the summer, and the trailers, huts and all other items for the business would be stored HE Findings, Conclusions and Decision CUP-01-05 Page 3 inside the building. The applicant advised that he may use the portable building illustrated on the site plan for the business, to store cups for shaved ice; and that he planned to side the portable building, and paint it green and white, similar to the metal building. 21. At the public hearing, the applicant indicated that he operates the business during May and September of each year; travels from and to the site for the business no more than 2 times a day during the week, and 3-4 times per day on the weekend; leaves two of the huts at Riverfront Park in the City of Spokane all summer; keeps the other three huts parked on the site for occasional weekend use, storing two on the trailers and one upright; keeps the huts and trailers stored when not in use in the metal building on site; and has UPS trucks deliver inventory or supplies to the site up to six(6) times a year. The environmental checklist indicates that a maximum of six(6) vehicle trips would be generated by the business on site, and that 2-3 parking spaces would be provided for vehicles used in the business. 22. Neighboring property owners expressed opposition to or concerns regarding the proposal; including ice-making 24 hours a day, storage of the huts/kiosks in the yard of the site, the parking of trailers and business vehicles in the yard of the site, aesthetic impacts, delivery vehicles accessing the driveway on 12th Avenue, the extreme size of the metal building on the site, noise impacts from compressors and other business equipment, location of a business in a residential area, setting a precedent for other commercial/industrial businesses in the area, location of the applicant's residence off-site, impacts on residential property values, location of a non-permitted industrial use in a residential zone, lack of compliance with applicable noise standards and need for a noise study, failure to comply with the standards for a home industry, and other concerns. 23. The site and land in the area are designated in the Low Density Residential category of the City Comprehensive Plan, and in the Aquifer Sensitive Area(ASA) Overlay zone. The site and land lying west of the site are zoned UR-3.5, while the land in other directions is zoned UR-3.5 or Urban Residential-7 (UR-7). The land surrounding the site is developed with single-family residences on lots and parcels of various sizes, including some acreage lots. A large accessory building is located on the property lying directly south of the site. A fire station is located northwest of the site, at the northeast corner of Evergreen Road and 12th Avenue. 24. The City Arterial Road Plan designates Evergreen Road in the area as an Urban Principal Arterial, while 12th Avenue is considered an Urban Local Access road. Evergreen Road is improved to a 5-lane arterial road section north of 12th Avenue, and to a 3-lane arterial road section south of 12th Avenue; while 12th Avenue is a paved road without curb or sidewalk.. 25. The UR-3.5 zone is intended to promote areas of primarily single-family residential use, within an urbanized neighborhood setting having a high level of public service, including public water, public sewer when available, and paved and curbed roads. 26. The maximum density of dwelling units allowed in the UR-3.5 zone is 4.35 dwelling units per acre. The minimum lot size in such zone is 10,000 square feet, outside of a PUD Overlay zone. Uses permitted outright in the UR-3.5 zone include a single-family home, duplex, HE Findings, Conclusions and Decision CUP-01-05 Page 4 community residential facility(for 8 or fewer residents), family daycare home or mini-daycare facility, school and private kennel. See Zoning Code Chapter 14.616. 27. A conditional use permit for a"home industry"may be approved in the UR-3.5 if the special development standards for a home industry in the zone set forth in Zoning Code 14.616.240 (4) and the general criteria for issuing a conditional use permit set forth in Zoning Code Chapter 14.404 are met. A"home profession" is allowed in the UR-3.5 zone through issuance of an administrative permit. 28. A conditional use permit may be denied under Zoning Code 14.404.101, where adequate conditions and restrictions cannot be added that will make the home industry compatible with other uses permitted in the zone. Zoning Code 14.404.102 vests the Examiner with broad authority to impose conditions or restrictions on operation of a conditional use. This includes consideration of the Comprehensive Plan, and the intent of the Zoning Code. 29. The Zoning Code is intended, in pertinent part, to encourage orderly growth of the County, promote compatible uses of land, conserve and stabilize property values, provide desired levels of population density and intensity of land use, conserve and protect amenities, keep pollution at or below acceptable levels, and provide workable relationships between land uses and the transportation system. Zoning Code 14.100.104. 30. Under Washington case law, the impact of a proposed conditional use on neighboring properties generally will not support denial of a conditional use permit, unless the impact is greater than the uses permitted outright in the zone involved. See Hansen v. Chelan County, 81 Wn. App.133, 913 P.2d 409 (1996). 31. A"home industry" is defined in Zoning Code 14.300.100 as "...an occupation, profession, or craft, excluding an adult retail establishment or adult entertainment establishment, in association with a primary residence, which is of such an intensity or broad scope of operation that public hearing review, as a Conditional Use Permit, is necessary. Therefore, by character and profession, a home industry is different than a home profession or general commercial, industrial and business uses." 32. The UR-3.5 zone, together with the Urban Residential-7 (UR-7) zone, are implementing zones for the Low Density Residential category of the Comprehensive Plan. Such category provides for urban residential development at densities ranging from 1-6 dwelling units per acre. 33. The Urban Land Use Chapter of the Comprehensive Plan,which applies to the site, does not reference "home industries" or "home professions", which uses are defined in the glossary of the Comprehensive Plan. However, Policy UL.7.7 in the Urban Land Use Chapter states that "home occupations" may be allowed as a residential land use, provided they do not disrupt residential amenities concerning sight, sound, etc, or create traffic that exceeds road design or which develops traffic hazards within the neighborhood. HE Findings, Conclusions and Decision CUP-01-05 Page 5 34. The Comprehensive Plan glossary does not define "home occupations". The reference to "home occupations" in Policy UL.7.7 of the Comprehensive Plan is logically construed to include both a"home industry" and a"home profession". Accordingly, Policy UL.7.7 is applicable to the proposal. 35. The Comprehensive Plan states that design standards for urban land use ensure neighborhood character and compatibility with adjacent land uses. Policy UL.2.1 recommends that minimum performance standards be established within the County Zoning Code for nuisances such as noise, vibration, smoke, etc. as appropriate to ensure compatibility with adjacent land uses and neighborhoods. 36. While food product manufacturing and storage is an industrial use that is not permitted as a stand alone use in the UR-3.5 zone, such use, as well as other commercial or industrial uses not permitted as stand alone uses in the UR-3.5, may be permitted if the development standards for a home industry conditional use permit in the UR-3.5 zone are met. 37. Zoning Code 14.616.240(4)(b) requires a home industry to be carried on in a primary residence, or in a detached accessory building that is not greater than twice the gross floor area of the primary residence. Since the primary residence on the site has a gross floor area of 2,052 square feet, the gross floor area in detached accessory buildings dedicated to the home industry cannot exceed a total of 4,104 square feet. 38. The gross floor area of the first story of the metal building on the site to be dedicated to the home industry is 3,300 square feet. This leaves only 804 square feet of floor space that can be dedicated to the home industry between the partial second story in the metal building and the 288- square foot portable shop. The floor area on the partial second story that the applicant plans to use for the home industry is unclear; since the applicant indicated the dimensions of the second story to be 30 feet by 55 feet (1,650 square feet), but the floor area to be 1,800 square feet on the second story. Further, the applicant did not define use of the second story for the home industry, except for the 400-square foot office. 39. If the applicant confined the home industry to the first story of the metal building, and did not use the portable shop for the business, the proposed 400-square foot office plus an additional 404 square feet of floor space on the second floor could be used for the home industry. If the applicant wanted to use the 288-square foot portable shop for the home industry, only the 400- square foot office plus 116 square feet of additional floor space on the second floor of the metal building could be used for the home industry. The portion of the second floor or portable shop not used for the home industry, in order to meet the maximum floor area limitation on the home industry, could be reserved for personal storage or other permitted use in the UR-3.5 zone. 40. Zoning Code 14.616.240 (4)(c) provides that only members of the family residing on the premises, and no more than two (2) employees outside of the family, may be engaged in the home industry. The applicant indicated that his daughter, and his daughter's son and mother, are the only persons who reside on the site; and that he and wife reside elsewhere in the city. The applicant indicated that he would be the only person working in the building about 90% of the HE Findings, Conclusions and Decision CUP-01-05 Page 6 time, with his wife and daughter occasionally working in the metal building. The applicant's wife, Loretta, indicated that she would work in the office on the site. 41. The applicant would own and control the business conducted for the home industry on the site. The applicant and his wife do not qualify as "outside employees" of any members of the family residing on the site. 42. A"residence" is defined by Zoning Code 14.300.100 as a"...building or structure, or portion thereof, which is designed for and used to provide a place of abode for human beings, but not including hotels or motel units, or places of abode having no kitchen within each unit. A residence must include one or more dwelling units." A"dwelling unit" is defined by Zoning Code 14.300.100 as "[o]ne or more rooms in a dwelling, designed, occupied or intended for occupancy as separate living quarters, with an individual entrance, cooking, sleeping and sanitary facilities provided within the dwelling unit for the exclusive use of one family maintaining a household." The word"primary" is defined by Webster's Collegiate Dictionary, in pertinent part, as "...first or best in degree, quality or importance." 43. The applicant would be required to move to and reside on the site as his "primary residence", in order to meet the requirements for a home industry conditional use permit. The applicant would not be able to maintain dual residency at both his current home and on the site. The applicant testified that he would be willing to move to the site, if necessary, but preferred not to do so; and that if he did move to the site, he would have to find another home for his daughter, and his daughter's mother and son. 44. Zoning Code 14.616.240 (4)(d) permits the applicant to have one (1) unlighted, attached or detached sign identifying the home industry that is not more than four(4) square feet on a face. The applicant indicated that he has no need for signage, since no retail business is done on the site. 45. Zoning Code 14.616.240 (4)(e) authorizes the Examiner to allow window or outside displays. The applicant indicated that he has no need for window or outside displays, since no customers will be visiting the site. Window or outside displays should be prohibited for the home industry. 46. Zoning Code 14.616.240 (4)(f) prohibits stock from being stored or commodities being kept for sale on the premises that are not necessary to the occupation, profession or craft. This is required as a condition of approval for the home industry. 47. Zoning Code 14.616.240 (4)(a) requires that the site retain its residential appearance and character. Zoning Code 14.616.240 (4)(h) states that parking, traffic and storage requirements shall be as provided by the Examiner. Zoning Code 14.616.240 (4)(i) requires that all storage areas be enclosed or completely screened from view by a maximum 6-foot high, sight-obscuring fence meeting accessory use setback requirements. HE Findings, Conclusions and Decision CUP-01-05 Page 7 48. Zoning Code 14.616.240 (4)(g) requires that all material or mechanical equipment be used in a manner that complies with the maximum permissible noise levels set forth in chapter 173-60 of the Washington Administrative Code (WAC). 49. The applicant is currently operating a food product and manufacturing business on the site without a required conditional use permit for a home industry, in violation of the County Zoning Code. The unscreened outdoor storage of huts/kiosks and other equipment for the business on the site, and the noise from a generator being operated on the site for several hours a day does not allow the property to retain its residential appearance and character, and are primary irritants to the owners of adjoining properties. The applicant testified that such outdoor storage and noise would be taken care of as soon as the interior of the building can be finished and electrical power extended to the metal building. The applicant also indicated that residential landscaping will be installed around the metal building as soon as it is completed. 50. Neighboring property owners expressed concern that noise from the air compressor that the applicant plans to affix to the outside of the south wall of the metal building will cause a noise nuisance, and fail to comply with the noise standards set forth in WAC 173-60-040 for an industrial transmitter and residential receiver. The applicant plans to insulate and side the air compressor to mitigate noise impacts, and indicated that the noise from the compressor would not exceed that of a home air conditioner. The applicant indicated that there would be little detectable noise from the business operations conducted inside the metal building. 51. City Department of Community Development condition#12 on page 12 of the Staff Report requires all material and mechanical equipment for the home industry to be installed within the interior of the detached accessory building(s) housing the home industry; except where placement of such material or mechanical equipment inside the building would violate applicable code or present a safety or health issue, in which case the equipment can be placed outside as long as it is sound buffered to minimize noise impacts to neighboring properties. The condition indicates that sound buffering may include placement of the equipment in a mechanical shed, or the installation of screening or buffering in the form of fencing or landscaping entirely around the equipment. 52. A condition of approval should be added authorizing City staff, if noise complaints are received from neighboring property owners regarding the home industry, to require the applicant to submit a noise study, prepared by a qualified consultant, to determine if material or mechanical equipment complies with the maximum permissible noise levels set forth in WAC 173-60-040 for an industrial transmitter and a residential receiver,. 53. The Staff Report sets forth various other conditions of approval designed to minimize the impact of the home industry on the neighborhood; addressing the amount of vehicle trips and deliveries to the site, the parking of vehicles outside the detached structures used for the home industry, precluding outdoor storage, limiting exterior lighting, etc. City Department of Community Development condition#17 on page 13 of the Staff Report requires the applicant to install a 6-foot high screen, in the form of a fence or solid landscaping, around the site. Such screening should be limited to the east, west and south borders of the property. BE Findings, Conclusions and Decision CUP-01-05 Page 8 54. City Department of Community Development condition#16 precludes all vehicles associated with the home industry, including employee vehicles, from being parked outside on the site. This condition appears unduly restrictive, since many people keep a business vehicle on site that is used to commute to and from employment or a job site. This condition should be amended to allow the applicant to keep one business vehicle parked outside the detached accessory buildings on the site. 55. City Department of Community Development condition#1 on page 11 of the Staff Report limits the duration of the conditional use permit to two (2) years, with allowance for one (1) year extensions up to a total of five (5)years; after which the applicant would have to reapply for a conditional use permit to continue the use. 56. The special development standards of the UR-3.5 zone do not limit the duration of a conditional use permit for a home industry. The Zoning Code does limit the duration of certain types of conditional use permits. For example, a conditional use permit for a private kennel in the UR-3.5 zone is specifically limited to a period not to exceed two (2) years, subject to renewal of the permit if all conditions of approval are met and the City determines it is advisable to allow such renewal. 57. Zoning Code 14.404.102 (1)(i) allows the Hearing Examiner to impose duration or time limitations for certain activities associated with a conditional use permit. Zoning Code 14.404.102 (3) authorizes the Examiner to suspend of revoke a conditional use permit if, after a public hearing, the Examiner concludes that the permit holder failed to comply with conditions or restrictions included in the permit. 58. A conditional use permit is a valuable right, and the Zoning Code does not vest the Hearing Examiner with specific authority to limit the duration of a conditional use permit issued for a home industry in the UR-3.5 zone. The Staff Report does not identify a specific activity of the conditional use that requires a time limitation, or why a specific activity associated with the home industry should be limited in time. The Department of Community Development has the authority to periodically monitor the conditional use permit without a formal time extension process, and can seek revocation or modification of the permit when deemed necessary. 59. The applicant should be required to allow the Department to inspect the site at reasonable times and provide requested information to ensure that the home industry is being operated in accordance with the conditions of approval. 60. The City Phase I Development Regulations require "new development" in the UGA to demonstrate the availability of public sewer either by connecting to a public sewer system at the time of occupancy or by being located in the 6-year sewer capital improvement area designated by the County Division of Utilities. `New development" includes a conditional use permit that would result in an increased amount of wastewater generated on the site. 61. The proposed home industry will increase the volume of wastewater generated by the site, and therefore constitutes "new development"; even though it will not require modification of the HE Findings, Conclusions and Decision CUP-01-05 Page 9 existing on-site sewage system on the property. Since the site is designated in the County's 6- year sewer capital improvement area, public sewer concurrency is met for the proposal. See Certificate of Sewer Availability. The home industry would be required to connect to public sewer at such time as public sewer is extended to the site. 62. The Examiner has imposed conditions of approval to ensure that the conditional use permit maintains the residential appearance and character of the site, complies with other applicable standards for a home industry in the UR-3.5 zone, is reasonably compatible with neighboring residential uses, and meets the general requirements for issuance of a conditional use permit under the Zoning Code. 63. As conditioned, the proposal will not have more than a moderate effect on the quality of the environment, will be reasonably compatible with neighboring land uses and is consistent with the Comprehensive Plan. Based on the above Findings of Fact, the Hearing Examiner enters the following: III. CONCLUSIONS OF LAW 1. The proposed conditional use permit for a home industry in the Urban Residential-3.5 (UR- 3.5) zone, as conditioned, conforms to the City Comprehensive Plan. 2. The proposal, as conditioned, is consistent with the purpose and intent of the UR-3.5 zone, the standards for a home industry and the general development standards of the UR-3.5 zone, other applicable provisions of the City Zoning Code, and applicable development regulations. 3. The proposal, as conditioned, is reasonably compatible with other uses permitted in the UR-3.5 zone or located in the vicinity of the proposed use. 4. The proposal, as conditioned, reasonably mitigates any adverse impacts on adjacent properties by reason of use, extension, construction or alteration allowed with respect to the conditional use. 5. The proposal, as conditioned, will not have a significant, probable, adverse impact on the environment. The requirements of the State Environmental Policy Act and the City's Local Environmental Ordinance have been met. 6. The proposal, as conditioned, satisfies the requirements for issuance of a conditional use permit under Chapter 14.404 of the City Zoning Code. 7. Approval of the land use application, as conditioned, is appropriate under City Ordinance No. 03-57, as amended by Ordinance Nos. 03-081 and 04-012. HE Findings, Conclusions and Decision CUP-01-05 Page 10 IV. DECISION Based on the above Findings of Fact and Conclusions of Law, the application for a conditional use permit for a home industry in the Urban Residential-3.5 (UR 3.5) zone, to make and store ice, and mix and store "sno-cone" flavorings, for a"sno-cone"retail business located off-site, is hereby approved, subject to the conditions of approval specified below. Any public agency conditions that have been significantly altered or supplemented are italicized. Failure to comply with the conditions of this approval may result in revocation or suspension of this approval by the Hearing Examiner. This approval does not waive the applicant's obligation to comply with all other requirements of other agencies with jurisdiction over land development. CONDITIONS OF APPROVAL: A. General conditions: SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT — CURRENT PLANNING DIVISION: 1. The conditional use permit shall be developed substantially as described in the application materials and the site development plans submitted on March 3, 2005, subject to compliance with conditions of approval and development regulations. 2. The applicant shall make the site his primary place of residence, and retain such primary residence during the life of the home industry. The conditional use permit is not valid and shall not be issued unless and until such event occurs. If the applicant establishes the site as his primary residence, only members of the applicant's family residing on the property, and no more than two (2) employees outside the family, may be engaged in the home industry. 3. The use shall be carried on in the residence on the site, or in the metal building and portable shop on the site;provided the combined gross floor area in the metal building, including the gross floor area on the first story and the partial second story, together with the gross floor area of the portable shop, if used for the home industry, shall not exceed 4,104 square feet. The record indicates that the gross floor area of the metal building when completed will exceed 4,104 square feet; therefore, the applicant shall designate what portion of the metal building and/or portable shop located on the site will not be utilized for the home industry, and identify what such area not utilized for the home industry will be used for. 4. Window and outside displays for the home industry are prohibited. HE Findings, Conclusions and Decision CUP-01-05 Page 11 5. The City Department of Community Development is authorized to monitor the applicant's compliance with conditions of approval and development regulations in the development and operation of the home industry, at such times as it deems appropriate. The applicant shall allow inspections of the site and provide information requested by the Department that is necessary to conduct such monitoring. 6. The conditional use permit may be suspended or revoked, if, after a public hearing, the Hearing Examiner finds that the applicant failed to comply or ensure compliance with conditions of approval. 7. The conditional use approval shall only be applicable to the home industry related uses described in the conditional use application. Uses not specifically identified in the conditional use application shall not be authorized to be conducted at the subject property under the auspices of a home industry. 8. The conditional use approval shall run with the applicant only, and shall not be transferable to future property owners or any future successor in the ownership interest of the subject property. 9. The conditional use authorization shall immediately expire if the applicant discontinues the home industry related use of the property. 10. The applicant shall comply with all the provisions of Chapter 14.616.240 (Conditional Use for a Home Industry Standards) of the City Zoning Code, and all the provisions of Chapter 14.616 (Urban Residential-3.5 development standards) of the City Zoning Code. 11. All signage shall conform to the standards in Section 14.616.240 (4)(d). The applicant indicated that no signage would be needed for the home industry. 12. In order to minimize impacts to the air resulting from non-residential related emissions, no idling of vehicles at or on the site associated with the home industry use shall be permitted at any time. 13. All storage and disposal of all solid and liquid waste associated with the home industry use shall be conducted off-site at a properly designated site or area. 14. The subject's property shall be designed in such a way that vehicle delivery including solid waste and/or liquid waste and recycling pickup to the proposed home industry use being operated in the accessory structure be required to enter the site, load/unload on site and turn around before exiting the site. Backing to or from the public right-of-way shall not be permitted. 15. In order to minimize noise impacts to the surrounding residential properties from any material or mechanical equipment at the site installed and used for the proposed home industry, all material or mechanical equipment shall be installed within the interior of the accessory HE Findings, Conclusions and Decision CUP-01-05 Page 12 structure housing the proposed home industry use; except, that in those instances where the City Building Official or designee identifies that the placement of material or mechanical equipment within the interior of the structure is in violation of applicable codes or presents a possible public safety, health and welfare issue, then the proposed equipment shall be authorized to be placed outside of the structure, provided that appropriate sound buffering actions are taken by the applicant to ensure minimal noise impacts to surrounding properties. Appropriate sound buffering actions may include, but are not limited to, the placement of the equipment within a mechanical shed, or the installation of screening and buffering, such as fencing or dense landscape material placed entirely around the equipment. 16. In order to minimize aesthetic impacts from the non-residential components of the proposed home industry, there shall be no outdoor storage of material or equipment associated with the home industry use at the subject property at any time. All storage of material or equipment shall occur within the accessory structure(s) or shall be stored off-site. 17. In order to minimize impacts to surrounding residential properties, no exterior wall- mounted or pole-mounted lighting shall be installed at any time on or near the accessory structure(s) or at the site that would provide direct or indirect lighting for the operation of the home industry use at any time; except that no more than one (1) light with an intensity not more than100 watts may be authorized to be installed on the south side of the metal building accessory structure, above the door located at only one (1) human entrance of the accessory structure. 18. To minimize impacts to the surrounding residential neighborhood resulting from non- residential vehicular traffic associated with the home industry use of the subject parcel, a maximum of four (4) non-residential vehicular trips to and from the subject parcel associated with the home industry, inclusive of customers, vendors, and deliveries (excluding employee related trips), shall be permitted; and further, such trips shall be authorized to occur only between the hours of 10:00 a.m. and 4:00 p.m. 19. In order to minimize the noise and land use impacts associated with home industry related parking at the subject site, all vehicles associated with the home industry use, inclusive of employee vehicles and commercial vehicles, owned and operated by the applicant shall be not at any time be parked on the site outside of the accessory structure, or on the portion of the public street abutting the subject parcel;provided, the applicant shall be allowed to park one (1) business or employee vehicle outside the metal building on the site. Parking of vehicles for the home industry use that occurs outside of the accessory structure, except as permitted by this condition, shall be subject to code enforcement by the City of Spokane Valley. 20. In order to minimize the land use impacts resulting from the non-residential use of a portion of the property, screening and buffering of the subject parcel from abutting residential properties shall be required. Required screening and buffering shall consist of a six(6) foot- sight obscuring fence or solid landscaping. HE Findings, Conclusions and Decision CUP-01-05 Page 13 SPOKANE REGIONAL HEALTH DISTRICT: 21. The use of private wells and water systems shall be prohibited. 22. Subject to specific application, the use of an individual on-site sewer system may be allowed. 23. Water service shall be coordinated through the Director of Utilities, Spokane County. 24. Water service shall be by an existing public water supply when approved by the Regional Engineer (Spokane), State Department of Health. 25. Sewage disposal method shall be authorized by the Director of Utilities, Spokane County. 26. The applicant shall contact the Washington State Department of Agriculture for food processing requirements. WASHINGTON STATE DEPARTMENT OF ECOLOGY: 27. Landscaping should incorporate waste prevention measures and the use of organic materials. Water needs are reduced by use of drought tolerant plantings, compost material, mulch, and drip irrigation. Pesticide and herbicide use is eliminated or reduced by use of pest resistant and native plantings. Compost is also an effective soil amendment. Chipped woody debris can be used to mulch ornamental beds, suppress weeds, retain moisture, control erosion, and provide a base for pathways. It is also recommended that the applicant use organic debris generated on-site if possible for landscaping. DATED this 30th day of June, 2005 CITY HEARING EXAMINER PRO TEM Michael C. Dempsey, WSBA#8235 // HE Findings, Conclusions and Decision CUP-01-05 Page 14 NOTICE OF FINAL DECISION AND NOTICE OF RIGHT TO APPEAL Pursuant to City of Spokane Valley Ordinance No. 03-57, as amended by City Ordinance Nos. 03-81 and 04-012, the decision of the Hearing Examiner on an application for a conditional use permit is final and conclusive unless within twenty-one (21) calendar days from the issuance of the Examiner's decision, a party with standing files a land use petition in superior court pursuant to chapter 36.70C RCW. Pursuant to RCW 36.70C.040, the date of issuance of the Hearing Examiner's decision is three (3) days after it is mailed. This Decision was mailed by Certified Mail to the Applicant and by first class mail to other parties of record on June 30, 2005. The date of issuance of the Hearing Examiner's decision is therefore July 5, 2005, counting to the next business day when the last day for mailing falls on a weekend or holiday. THE LAST DAY FOR APPEAL OF THIS DECISION TO SUPERIOR COURT BY LAND USE PETITION IS JULY 26, 2005. The complete record in this matter, including this decision, is on file during the appeal period with the Office of the Hearing Examiner, Third Floor, Public Works Building, 1026 West Broadway Avenue, Spokane, Washington, 99260-0245, (509) 477-7490. The file may be inspected during normal working hours, listed as Monday- Friday of each week, except holidays, between the hours of 8:30 a.m. and 5:00 p.m. After the appeal period, the file may be inspected at the City of Spokane Valley Department of Community Development, Division of Current Planning, 11707 E. Sprague Avenue, Spokane Valley, WA. Copies of the documents in the record will be made available at the cost set by City of Spokane Valley Ordinance. Pursuant to RCW 36.70B.130, affected property owners may request a change in valuation for property tax purposes notwithstanding any program of revaluation. 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