TZaricznyj

Property owner continues to operate a commercial enterprise from a residentially zoned property, in excess of what is allowed under "minor home occupation."

"18.09.030 Use-specific standards provides the guidance under which “minor home occupation” operates and under which the Island Details business operates from 12990 Phelps Rd NE. The code deploys various criteria to restrict the size and nature of any minor home occupation. Any objective review of the facts could only conclude that this business far exceeds what is allowed by the home occupation designation.

I.13.b. The business shall be conducted wholly within a residence or an accessory building and is clearly subordinate to the residence.

Note that the business, Island Details is a large landscaping enterprise. A significant portion of the property north and west of the home has been leveled, covered with gravel and functions as a commercial staging yard. The business is not conducted wholly within a residence or an accessory building.

I.13.c No more than one person who is not a resident of the dwelling shall be employed on site in the home occupation.

Note that employees and contractors of the business gather at the property every morning and evening weekday. Trucks and trailers are loaded and dispatched. Employees and contractors are on the clock and working and therefore the total number of employees on site exceeds what is allowed. Two employees work primarily from the site.

I.13. e. With the exception of home-based teaching, the use shall not generate more than five round trips per day related to the home occupation.

The business generates excessive commercial vehicle traffic often exceeding 40 trips per day. Many of those vehicles are large pickups or other commercial vehicles, sometimes pulling trailers, all louder than a conventional automobile.

I.13. f. No outdoor storage or other exterior indication of the business shall be visible beyond the subject property

Numerous outbuildings, trailers, parked commercial vehicles and equipment are visible from Phelps Rd NE, particularly where Phelps and Yeti Lane intersect.

I.13. g. Commercial vehicles shall not be used for the home occupation or stored on the premises, other than that normally used by the applicant or an employee

The business owns many vehicles all of which are stored on the property when not in weekday use. Many but not all are branded.

I.13. j. No noise, vibration, emissions, dust, odor, heat or glare that would exceed what is normally associated with a dwelling shall be produced by the business beyond the subject property

This commercial enterprise is vehicle and heavy equipment dependent and generates an excessive amount of traffic causing noise, vibration, emissions, dust, odor and glare (associated with headlights). Over the course the past two years the capacity of the property to accommodate commercial vehicle activity has grown by the removal of trees, leveling and the further addition of a gravel surface. The property owner has added lighting on motion sensors to illuminate the staging yard and outbuildings at night resulting in further glare and disruption.

Heavy duty pickup associated with unlicensed commercial operation from this residentially zoned lot registers 85 dB, measured from adjacent lot, exceeding what is allowed by code.