2000, 03-28 Finding of FactBEFORE THE SPOKANE COUNTY DIVISION OF PLANNING
IN THE MATTER OF "LARGE
ANIMAL" NONCONFORMING
STATUS DETERMINATION,
NCA -1 -00
FINDINGS OF FACT,
CONCLUSIONS AND
DECISION
THIS MATTER, an application for large- animal - keeping Nonconforming status determination,
from Tracy & Wendy Stevens, has been received and decided upon pursuant to Spokane
County Zoning regulations on the 28th day of March, 2000.
FINDINGS OF FACT AND CONCLUSIONS
1 The individual signing below has been properly delegated the responsibility for rendering
this determination by the Spokane County Division of Planning Director.
2. Pursuant to Chapter 14.508 (Nonconforming Provisions) of the Spokane County Zoning
Code, the applicant has requested Nonconforming status for the keeping of Emus on
approximately 2.24 acres, identified by Spokane County as tax parcel 55183.0320.
3. The address of the property is 17318 E. Alki Avenue, Greenacres, WA 99016, generally
located about 800 feet east of the intersection of Alki and Flora Road, fronting on the
south side of Alki, in the SW 1/4 of Section 18, Township 25N, Range 45 E.W.M.,
Spokane County, Washington.
4. The Spokane County Zoning Code Section 14.300.100 (Definitions) defines
Nonconforming as: "A lot, use, building or structure, which was legal when commenced
or built, but which does not conform to subsequent enacted or amended regulations ".
5. The current zoning of the property is Urban Residential -3.5 (UR -3.5). Prior to January
1, 1991, the property was zoned Agriculture (A). The property was redesignated to UR-
3.5 on January 1, 1991 consistent with the program to implement the Spokane County
Zoning Code.
6. Pursuant to Chapter 14.605 of the Zoning Code, the keeping of large animal(s) is not a
permitted use in the UR -3.5 zone.
7. The Spokane County Zoning Code, Section 14.508.040, NONCONFORMING USES,
provides that nonconforming uses may be continued unless abandoned for a period of
one year.
8. In accordance with Section 4.04.030(a) (Uses Permitted - Property of Any Size) of the
now expired 1988 Spokane County Zoning Ordinance, the keeping of large animals was
a permitted use within the previous Agriculture (A) zone.
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9. The applicant has indicated that Emus have been continuously kept on the property
since 1998. The applicant has also indicated that up to 15 chickens are kept on the
property. Prior to 1998 the previous owners kept up to five (5) large animals (Horses
and /or Donkeys) and no chickens on the property since 1973
9. The Division of Planning in March of 2000 conducted an on -site inspection of the subject
site. The existing structures on the property consist of a single - family residence, a
garage, storage shed, and a small A -frame shelter for the Emus. The area where the
Emus are kept is also surrounded by a six (6) foot high wire fence.
11. The property is of sufficient size and provided with adequate facilities so that keeping of
large animals on the subject property will not be detrimental to the public health, safety
and general welfare.
12. It is therefore determined that the application does meet the requirements of large
animal keeping nonconforming status pursuant to the Spokane County Zoning Code,
Section 14.508.040 (Nonconforming Uses).
13. Under the existing Zoning Code, specifically the RR -10, SRR -5, SRR -2 and the SRR -1
zones, large animal keeping is permitted with the following density restrictions: Large
animals: Three (3) livestock units per gross acre. The same referenced codes also
allow an equivalency unit, specifically; one (1) horse, mule, donkey, burro, llama, bovine
or swine (livestock) unit shall be equal to two (2) goats or sheep. It is therefore
determined that Emus are equivalent in size to sheep or goats and are covered by the
equivalency unit provision.
If the subject site were properly zoned, the density restrictions referenced above would
allow for the keeping of seven (7) large animals. This is two animals greater than the
maximum number of animals kept on the property at any one time before the zoning
redesignation in 1991. Expansions or extensions of nonconforming uses are
discouraged and can only be approved by a Conditional Use Permit pursuant to Section
14.508.040 of the Spokane County Zoning Code. It is therefore determined that the
maximum number of large animals that can be kept on the subject property is limited to
five (5), which is the largest number previously kept on the property
13. These findings and conclusions are, in part based on the content of the application, its
attachments, photographs and letters from adjacent property owners. Five adjacent
property owners submitted written statements that the site has not been used for large
animal keeping since 1992. The previous subject property owner and six nearby
property owners submitted letters that large animal keeping was virtually continuous,
with less than a one year period when the animals were gone. This administrative
determination shall apply to the subject property indefinitely and may be transferred to
future property owner(s), heir(s) or any successor in interest to the property subject to
the conditions of approval contained herein.
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ADMINISTRATIVE DETERMINATION
BASED UPON the above -noted Summary of Facts, Large - animal- keeping Nonconforming
Status Determination NCA -1 -94 is hereby approved, subject to conditions noted below.
These conditions of approval apply to applicant(s), owner(s) of the property, heir(s), assign(s)
or any successor(s) in interest to the property.
DIVISION OF BUILDING AND PLANNING CONDITIONS
1. This administrative determination shall apply to the subject property and may be
transferred to future property owners, heirs, or assigns to the subject property, subject
to the Conditions of Approval contained herein. Should the large animal keeping
activities cease for one (1) year or longer, this administrative decision shall become null
and void.
2. Subdivision of the property may render this large- animal- keeping nonconforming status
determination null and void and have no further force or effect.
3. No more than five (5) large animals are permitted on the subject site at any one time
and shall be confined to those animals specified within the definition of "livestock" in
Section 14.300.100 of the Spokane County Zoning Code and Emus.
4. Any building and /or structure housing large animals and any yard, runway, pen or
manure pile shall be no closer than fifty (50) feet, in the case of swine one hundred
(100) feet, from any occupied structure other than the dwelling unit of the occupant on
the premises.
5. Structures, pens, yards and grazing areas of large animals shall be kept in a clean and
sanitary condition as determined by the Spokane County Health District.
DATED THIS 28th DAY OF March, 2000.
t?-ptato
Ronald Hand
Associate Planner
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Under State Law and County Ordinance, you have the right to appeal this decision to the
Spokane County Hearing Examiner. If you desire to file an appeal, you must submit the
appropriate appeal application together wit the required fee, payable to the Spokane
County Permit Center, within fourteen (14) calendar days from the date this decision is
signed. Upon receipt of a complete appeal application a public hearing will be
scheduled.
If you have any questions, please call the Division of Current Planning at 477 -7200.
C: Tracy and Wendy Stevens, 17318 E. Alki Avenue, Greenacres, WA 99216
Jeff Forry, Division of Building and Code Enforcement
Jerry Lawrence, 17323 E. Alki Avenue, Greenacres, WA 99216
Tom and Tonja DiCenzo, 17414 E. Alki Avenue, Greenacres, WA 99216
Robyn L. Pugsley - Arrendondo, 510 N. Bell, Greenacres, WA 99016
Steve Arrendondo, 510 N. Bell, Greenacres, WA 99016
Bruce & Valerie Baker, 422 N. Bell, Greenacres, WA 99016
Dorothy & Ben Nechamicky, 416 N. Bell, Greenacres, WA 99016
Helen Robinson, 516 N. Bell, Greenacres, WA 99016
Romane M. Pentek, 516 N. Bell, Greenacres, WA 99016
Edward & Gale Rios, 502 N. Bell, Greenacres, WA 99016
Bill Gray, 17419 E. Alki, Greenacres, WA 99016
Donald & Donna Graham, 17416 E. Alki, Greenacres, WA 99016
Todd J. Rigby, 17400 E. Alki, Greenacres, WA 99216