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ADE-1-65 ~ a REVIEVY = F AD .--NISTRATNE DETERMINATION - RAD-E-1-65 Transcript of Hearing S OK;ANE COV!TTY ZOIVING ADJUSTOR October 1.8, 1965 r Location of Fence to Confine p,r.imals ~ Nathan Roy Ea-st 8706 Mission Avenue Spokane, Washington CHARLES L. HUGGTIVS: The next application on our agenda is a request for the Zoning Adjustor's review of -an tadministrative Determination. Ti1e determination was made by the Zoning Admini- stra~or on August 17, 1965, as follows: Property located at East 8706 Mission Avenue is in the Agricultural Zone which allows th'e keepi.ng of horses on the property. Buildings housing the horses or yard.s or runways are to be located 50 feet from any residence other than the residence of the owner. The.pertinent secti on of the ordina.nce i s Section 4. 0.4 .!03 0. The determination goes on - New fencing presently being, installed to. confine these animais must be located and maintained 50 feet from the residence at North 1422 Sa.rgent Road no later than September 15., 1965, Nathan Roy wishes to .appear, to -contest the Administrative Determination made by the Zoning Adjustor, Is Mr. Roy or someone -representing iVlr. Roy here ? TACK BENNETT: My name i s Jack Bennett. I am an. attarney . I' m here repre senting Mr. Roy, HUGGINS: And i s Mr. , Roy al so here ? BENNETT; He is. HUGGINS: Would you both like to step forward and have a seat. BENNETT: Now the purpose of our being here is nofi to argue concerning the applicabilit.y of the present zoning regulation as it applies to fences_ and other buildings housing livestock but to contend that in this particular case this was a use of fihis ,particular property viih.ich existed at the -time of the passage of the parfiicular ordinance in question wriich was on, I believe, September 25, 1953, that the use existed at that time, existed,prior to that time, -1- and has continuously existed s:lnce that time, but since- it is a non-conforming use which did exist at the time of the pass"age of the ordinance and has not been discontinued since then, that it should now be permitted .to remain until such tfine as it is discontinued for the requisite period of time; and to establish our position in that regard we have a number of people here who will testify or at least make statements which covered the history vf the use of this property, both prior to September 25, 1953 and subsequent to September 25, 1953. HUGGINS: Very well, sir. If you would like to_ proceed with that demonstration. BENNETT: All right, HL-TGGINS: That evidence. BENNETT: Mrs. Dowd, would you come forwaard first, please. HUGGINS: Could we have your name, please. ELLA DO WD . 704 We st 6th. . BE1V'N-ETT: Mrs. Dowd, are you acquainted with the property we are here concerned with? MRS. DOWD: I own ft. BENNETT: When did you buy it or acquire it? MRS. DOWD: In 1943. BENNETT: And that was you and your husband. MRS. DO`/ITD: Yes BENNETT: And his name was ? MRS, DOWD: Augustus Dow,d. BENNETT: And he has since pa s sed away ? , M RS . DO WD: Ye s. BENNETT: Now, after your acquisition of this property in 1943, did you and your husband use this. to keep livestock. M RS . DO WD: Ye s. BENIVETT: W'hat sort of livestock did you maintain on this property? - Z - MRS. DOWD: Well, we had a sheep at one tfine and then every other year we had a calf, a young calf and we would keep it wer until it was big enough to butcher. BENNETT: And vvould you keep these animals, these calv.es that you would buy to butcher, how long would you keep them a s a rule ? MRS._ DQ-WD: Generally about a year. BE NNETT: During thi s pe rlod after 1943, after you purcha sed thi s property, did you hild any barn or other building to attempt ta take care of thi s animal ? TVIRS. DOWD: Yes, we did. BENNETT: Where did you build that barn in respect of the property? MRS. DOWD: On the back end of our place. BENNETT: That would be on which corner - ihe southeast or southwest corner. MRS. DOWD: Well, it was about in the middle of the acreage on the south end. HUGGINS: Excuse me just a.moment. You say it was about in the middle of the acreage? MRS. DOWD: Well, it might have been a little further east than it was HLTGGINS: Do we have a,drawing of the property? We have an aerial photograph of the property. I wonder if you * would recognize your BEIVN'ETT: N.ow looking a-t the drawing up here, Mrs. Dowd, would you say that the barn is located somewhere back in this area ? MRS. DOWD: Yes. BENNETT: 'Say maybe right in here. Something like that, or possibly a little ways one way or another. MRS. DOWD: I think a little further away. No, I think that i s right. That f s turned around tor me; it i s up side down.' BENNETT: This is north, this is east, 'this is w.est, and this. is souih. MRS. DOti1/D: Yes. BENNETT: Now, when you purchased the property in,1943, did a fence enclose the whole plot? - 3 - MRS. DOWD: 1Viot at the time we bought it. No. BENNFTT: Did your husband put up a fence? MRS. DOWD: Yes. BENNETT: Was this put up, would you say, within a year after you purchazed it? MRS. DOWD: No, I dori't think within a year - within about 3 years I would think. BENNETT: Within about 3 years'? HUGC-INS: Excuse me. Did that fence surround the entfre property? MRS. DOWD: No. At the time that vve fenced it first it only came down about halfway from the barn•. HUGGINS: Halfway from the barn, toward which direction? MRS. DOWD: Towards Missfon. HUGGINS: Towards Mission? MRS'. DO WD: Ye s. IiENNET_T: You mean in this direction here, Mr.s. Dowd, from the back end down -this vvay? Did the fence then go around like this, around the back end also? MRS, DOWD: Ye s . BENNETT: And did you have a fence across here somewhere? DYIRS. DOWD: Yes. BENNETT: Did you Iater take this fence out and refence fihe property? MRS. DOWD: Yes, we moved it dow?Z further to Mission.and put a new fence clear around the place outside o# -the house. It never wa s fenced. BENNETT: There was a house later bu31t up in here? MRS. DOVIJD: Ye s . BENNF'TT: Then the last fence you put in then_ came back in here somewhere? MRS. DOWD: Well, a little further away than that. BENNETT: Somewhere possibly in here. So that this i-s the area that was fenced? MRS, DOWD: Yes. -4- BENNETT: Now, at some later date after you and your husband purchased thf s property, did you ever remove the fence along the south side of this property, or do you have any recollection ? MRS. D_OWD: No, I don't remember of it ever being taken down, but Mannings did put a wood fence in there but I don't know who took the fence down. BENNETT: They did put a fence in, say in this vicinity here ? MRS. DO WD: Ye s. BENNETT: A wooden fence? MRS. DOWD: Yes, about halfway. BENNETT: You don`t know- then whether or not the wire fence- was left in or not. MRS. DOWD: No, it wasn't left in, but I don't know who took it doWn. BENNETT: You don't know who took it down, but any way the board fence in eifect replaced the wire -fence. MRS. DOWD: Yes, about halfvvay through- tne place is all. The board fence is on].y about half- way through the place. BENNETT: Did the remainder of the fence re-main? MRS.. DO WD: Yes, and it is still there. The wire fence. BENNETT: The remainder of the wire fence. Now, your hu'sband pas'sed away when - what year, Mr s . Dawd ? M RS . DO WD: 1961. BENNETT: In 1961 then and after 19,61, was there still any livestock run on this property? 1V[RS. DOWD: Ye s, I had stock, My neighbor had ruri stock in there and then I had a calf when I° sald it and had it for about 14 months. BENNETT: Would it be a safe conclusion, Mrs. Dovvd, to say since 1943 or let's say since 1946 after .your husband fenced this property, that there had been livestoclc in there almost -continu'ously since that time? MRS, DOWD: Yes . -5- BENNETT: C an you think of any period of time in that period when there hasn't been live stock in there continuously for a perlod of a year or more? MRS. DOWD: We jusfi bought a calf every ather year but we kept it until it was about 14 nnonths old. HUGGINS: A single calf ? M RS . DO WD: Ye s. BENNETT: So, to your best recollection then, it is almost a continuous use for livestock. Now, what do you know about the barn as to when it was constructed, Mrs. Dowd ? MRS. DOWD: Well, I really couldn't say, but I understand the permit was taken out in 1946, and it mu st have been built about that time; but I know my son pas sed away in 1950 and he had helped build the barn a year or two before that. HUGGINS: Are you now referring to the building that your attorney mentioned earlier? rviRS. DOVItD: Ye s . BENNETT: Your son passed away in 1950, and he I?ad helped construct this barn sometime prior? MRS. DOWD: Yes. BEIVIVE TT: Wa s thi s barn u sed to hou se some of the aru mal s that you were running ? MRS. DOWD: Ye s . BENNETT: Now, when did you sell fihis property, Mrs. Dowd? MRS. DOWD: In July or June of 1964, I think. BENNE TT: And you sold it to whom ? MRS. DOWD: Roys. BENNETT: Nathan Roys ? MRS. DOWD: Yes. HUGGINS: Excuse me. What was that dat e again? M RS , DO WD: I thinsk it wa s 19 64 . Wa sn't that 19 64 ? NATHAN ROY: That i s conrect. We took pos se s sion approximately june,15th, 1964. _6_ , BENNETT: That is all the questions I have, Mrs. Dowd. You stay there, Mrs. Dowd, for just a mome.nt in case they have any questions. HUGC-INS: Did you mention, Mrs. Dowd, that the wire fence, was it a wire fence that you and your h usband installed ? MRS. DO WD: We didn't instail it. It wa s always there when we bought the place, I don't know who built the wire fence. HUGGINS: Oh - I understood you to say that you fenced the area about 3 years after you acquired it. MRS. D4VYD: I thought you meant the fence between us - Mannings and us. HUGGINS: Yes. MRS. DOWD: Yes, we did fence the place after that. To my knowledge it was after the barn was built anyvvay that -it wa s fenced. BENNETT: Are you talking about the wooden fence now? MRS. DOWD: No. I am talking about the wire fence now. The wooden fence has only been in there for a few years. HUGGINS: Was the wire fence that you have reference to, was a portion of that fence located on or near the property line between your property and what i s now the Manning' s property? MRS, DO WD: It started at the c orner of Manning s and ours and came dovvn Sargent. The fence between us was there when we bought the place and it was always there and still part of it is there. BENNETT: You are talking about this fence here ? MRS. DOWD: Yes. BEIVNETT: That was there when you bought the place ? HUGGINS: The fence that you constructed was then on Sargent from the south corner of your property run.rv.ng north toward Mission? MRS. DOWD: Ye s . - -7 HUGGINS: And you did not construcfi a fence along the south line of your property. Is that correct ? MRS. DO WD; No. It wa s t here . HUGGINS: I see. Can you describe that fence that you testified was already there. MRS. DOWD: V1/ell, about half of it was mesh chicken wire and the rest was barbed wire. HUGGIIVS: And you say it, or portions of it, of that same fence, are stili there ? MRS. DOWD: Yes. HUGGINS: O. K. ROY: From behind the barn to the corner is stfll there. HUGGINS: To the corner on Sargent, sir? ROY: No, from the corner of the barn io the east. Th$t f s about the end of the exi sting bQard fence. HUGGINS: You mentioned having had a cali during this period approximately every other year. MRS. DOWD: Yes. HUGGINS: Did you have any other animals during the time you lived there ? MRS, DOWD: We had a sheep one time and yes, we had pigs and everything but the pigs were down closer, about the middle of the place. HUGGINS: I' see . The only animal that was confined MRS. DOWD: In the barn was calves. HUGGINS: In the barn or on the south portion of the praperty within 50 feet from the line, then would be the calf. MRS. DO WD: The calf and a sheep. HUGGI1ti S: A calf arid a sheep. During what period did you maintain the sheep, Mrs. Dowd ? MRS. DOWD: It was - I can't remember just exactly, but a frlend of mine said she broke her heel in 1952 and she came out and stayed with us, and it was before that thai we had the , sheep. HUGGINS : And you didn't have it after that ? -8 - MRS. DO WD: No. HUGGINS: For your information, sir, our proceedings do not allow for cross-examinations as such; however, either party may direct que stions to the Zoning Adjustor, which he may then if he determines perti.nent, redinect to the person giving testimony. I have no further questions at this time. There may be other questions raised by other testimony that I would like to ask Mrs. Dowd about. BENNETT: Now in order not to hold up Mr. Anderson. Mr. Anderson, would you come forward, plea se . Do you have your rec ord s? ANDERSON: I left it up here to use on fihe map. BENNETT: I see. I only want to ask Mr. Anderson what his records from the Assessor's Office show as to when the Assessor's Office first assessed the barn we have been talking about. C an you tell u s that, Mr. Anders on ? ANDERSON: The barn i s li sted as Building No. 5 on thi s sheet. Building No. 5 says storage shed or barn on a frame single rustic cornerstone foundation, third board floor, balance dirt. As January, 1951 was when it was first assessed, and that means that it was buflt sometime previously to that. We do what we call a final check each year and we usually go around i'n December or january to check the buildfngs that are built prior to that time. On low grade buildings lfke this, even it there are building permits, we don't go out every year - we go out every 2 or 3 years. HUGGINS: Excuse me, Mr. Anderson. 1951 you say? ANDERSON: January, 1951. It was built sometame previous to that. It was built sometime in 1950 or before. BENIVETT: Then it is possible that the building could have been there then maybe close to 2 years before. ANDERSON: Could have been. There is a garage on that property we show built in 1946. That is the earliest building we show on there. -g - HUGGINS: Are you familiar with the property yourself? ANDERSON: No, I didn't go and visit it. We have a picture in our book of the hou se . V1Te don't have the other buildings because they are minar, so we don't take pictures oi those. HUGGINS: The building you refer to is No. 5? AN Dk", RSON: Yes. The building on the southerly portion. We use the scale on these particuiar ones of 25 feet to the inch, approximately. You see the field man didn't paste it exactly and didn't measure it. He thought it so close to the line that it was a little indetezmfnate, but I'd say it was within 5 or 10 feet of the line. As long as we are sure they are on their property, we don't always put a dimension. HUGGINS: In this case you didn't attempt to deterntne. ANDEIE ON; He gave the setback but they didn't attempt to determine how close. Sometfines you can't tnist these fences. If it was an old looking fence, why we just assume generally. See we show broken lines here to locate the rest of the buildings; just so they are mQderately within the boundarie s that i s all we require. HUGGINS: And you show besides the house 3 other structures on the property. Is that correct? ANDERSON: Yes. Two of these were picked up for 1953; nothing since then, and the house was picked up f n 19 5 3. HUGGINS: This is the property here ? AiVDE RSON: Here are the Z here.I-Iere i s the garage and the little barn . HUGGINS: All right. I am sure of which one it i s then. If you don't mind BENNETT: Mr. Roy, when did you buy this property from the Dowds ? ROY: We took possession appro~dmately the 1.9h of june, 1964. BE NNE TT: Have you had any liv e st ock on the property sinc e you ac quired it ? ROY: Yes, soxne livestock moved in about a week before we did. BENNETT: And what type of animals have you been keeping on the property? ROY: Hor se s . -10- HUGGINS: How many, sfr? ROY: I have had 3 and 4. BENNL"TT: I3ave you had anything other than horses ? ROY: No. BENNETT: And was there a fence surrounding the property when you purchased it? ROY: Ye s . BENNETT: And you have maintained that fence ever since then? ROY: Yes. Replaced some but the fence, as I took out fence, I put the fence immediately back in. BENNETT: Was there a gate entering into this property at the time you purchased it? ROY: Ye s. BENNETT: `/V'here did the gate come in from? ROY: It came aboufi, I would say 15 feet from the south property line off of Saraent. BENNETT: uomewhere in this vicinity right in here? ROY: Ye s. HUGGINS. Excuse me. Was that gate - you say there was a gate or you have recently con- structed a gate, ROY: No, there was a gate there. HUGGINS: There was a gate there. Was this a gate for pedestrfan passage or wide enough fok/vehicle to go through ? ROY: VYlde enough for a vehicle. HUGGINS: Was it agate, was it an opening in the fence, or was it a gate that could be closed? ROY: I don't believe I follow you on that. HUGGINS: Was it actually a gate that could be closed, or was it merely a gateway - an open space in the fence. ROY: No e It was a closing gate. - 11 - HUGGINS: A closing gate. ROY: Ye s o HUGGINS: And that gate was, you say, located approximately 15 feet from the south property lxne and had been so located when you acquired the property? ROY: Ye s, sir. BENNETT: There was a board fence and when you purchased ROY: Yes. Tlze south property lirae oif of Sargent up to approximately the corner of the barn. BENNETT: And the remainder of the distance across the back of the lot was closed in by a wire fence ? ROY: Ye s . BENNETT: I have no further questions for Mr. Roy. HUGGINS: Excuse me just a minute. I would like to - alI right.. I have no questions at thts time. Go ahead. BENiVETT: Ivir. Stentzel, will you come forward, please. What is your full name ? FRIED STENTZEL. 717 East 40th. BENNETT: Are you related to Mrs. Dowd ? STENTZEL: Yes. She is my mother-in-law. BENNETT: Mra Stenzel, dfd you ever use this barn for a temporary period for storage? STENTZEL: Yes. BEIVNETT: When wa s that ? STENTZEL: To the best of my recollection, I sold out my business and we took a vacation and we rented our house and we took a vacation for a year, ancl I stored things up in the attic of the barn . BENNETT: And what was the year you took your vacation? STENTZEL: That was in 1949. BENN'ETT: And when you brought the articles out to place in the barn, do you remember how you got them off the street and fnto the barn? - 12 - I S7'ENT7jEL: Vdell, I didn't open the gate. I drove alongside of it and I opened the gate and packed the articles fn. I remember the wiring and T think there was a lock on it, and she gave me 3 or 4 keys, I know. BENNETT: In any event, in 1949 you can deiinitely recall that there was a fence that went through there ? STENTZEL: Oh, yes. That is to the best of my knowledge. BE NNE TT: Do you recall and if you can't, ju st say so, you entered off Sargent here and carried them across and put fihem in the barn - do you remember seeing afence along the back here? STENTZEL: In my triinking there was a complete fence there. A complete fence all around. BENNETT: At the time that you brought these articles lnto the barn, was there any livestock on the premises then at all that you can remember? STENTZEL: That particular day I can't remember, but I know that they had livestock continually, that we had pet names for all of them from the time beginning, and we set our feet under my mother-in-law's table once a week and we hardly never missed a week. It was rather a standing j oke the pet name we were eatf ng . BENNETT: I see. Then you did visit your mother-in-law's home frequ"ently. Did you on any of these visifis or many of these visits see lfvestock in the area? STENTZEL: Definitely, yes. BENNETT: I have no further questions. HUGGINS: Nor do I. BENNETT: 11I[r. . Herbert, would you come forward, please. What i s your full name ? V'ERNON W. HE RBE RT. Ea st 8 712 Mi s sion , The property to ea st of said property. BENNETT: That would be right in this area here ? HERBERT: Yes. BENIVE TT: How long have you lived at that addre s s? HERBERT: Since September of 1952. - 13 - BENNETT. In that period of time, since September, 1952, ciown to the present time, do you know as a matter of your own knowledge, 1/ir. Herbert, that there has been livestock kept on this property continually or if there have been any interruptions - interruptions of le s s than one year ? HERBERT: No, I don't recall because I have anfmals rnyself every year. BENNETT: Do you know HERBERT: And I run my animals one or two summers there through in-Lo that property. BENIVETT: Do you have any idea as to when that was? HERBERT: It wa s 1958 or 19 59 , s omething like that. BE NNETT: Was that with the perrris sion of the Dowd s? HE RBE RT: Ye s. BENNETT: Do you remember at thafi time whether the Dovvds also had some of their own livestock? HERBERT: IVo. They didn't at the time that Y run. Thafi was one year they didn't have animals. BENNETT: Could this have been at the time of Mr. Dowd's death, or shortly thereafter? HERBERT: No, it was before. BENNETT: Now getting back - if you lived right next door to it, you could see over infio this area? HE RBE RT: Ye s. BENNETT: Did you see livestock in there kept by the Dowds ? HERBE RT: Ye s . BERTIVETT: Do you know anything about this fence around the property? Was ft there when you moved there? Was the fence around this property when you moved aver here? HERBERT: There was a fence on the south side. BENNETT: That wouid be around here. HERBERT: And about half way from the bac}: to the middle of the property on the east side. BENNETT: Here. Do you reme mber about thi s side ? HERBERT: IVo, I can't say tor saare. - 14 - BENNETT: Do you remember the time fihat the board fence was built in here? HERBERT: I should remember, but I can't say - no - exactly. BENIITETT: Do you remember having any conversation with Mr. Dowd aboui that boa.rd fence? HERI3ERT: I would say this - I remember when the board fence was completed that he did take down his wire fence, that the board fEnce Iooked better than the wire fence. BEIVNETT: Did you have anything to do with helping hirrz to take down the fence? HERBERT: I might have. I just can't say for eure . I might have helped him roll up the wire. HUGGINS : Thi s wa s on the s outh line ? HERBERT: The south line. Right. BENNETT: You do remember him making that statement that the board fence was better than his wi re one ? HERBE RT: Yes. So he took hf s wire fence down at that time and used the board fence as part of his fence. HUGGINS: And what year was that , sir? HERBERT: I just on't say for sure - right arouncl 1960, close to it, 1959 or so. HU GGIIVS: Around 1959 or 1960? HERBERT: Something like that. HUGGINS: Was thfs 1Vir. Dowd that you were talking with? HE RBE RT: Ye s. HUGGINS: And either he, or he with your help, replaced portions of the wire fence with a board fence ? HERJ~BERT; IVo the Mannings buiit - fihe proprietor which is south of this said property - built the board fence. HUGGINS: Your recollection is that Mr. Dowd simp.ly used the board fence for removed portfons of the wire fence ? HERBE RT: Right. BE NNE TT: One more que stf on, Mr. Herbert, You said you have been there since 19 5 2? - 15 - HERBE RT: 1952. I bought the property in june of 1952 and mav ed f n in September. BENIVETT: Now, do you know since 1952 of any period of a year or more that this property has been completely absent of any livestock? Has there been one year or more tilat there hasn't been any live stock on that ? HERBER1: No, I can't say that there has been, BENIVETT: So that there has always been something on there ever since you have been there? HE ROE RT: I would say ye s. BEIVNETT: I have no further questions for Mr. Herbert. HUGGINS: I have j u st a couple. Did I understand you to say that in 1958 or 1959 , with Mr. DowB's permission, you used theeproperty for some of your own animals? HERBE RT: Ye s. HUGGINS: Can you tell me what type of animals ? HERBERT: A cow and calves. Had 3 running in there. HUGGITVS: And can you tell me in what portfon of the property they were confined or in what buildings they were confined, if they were con#ined at all wfthin the property? HERBERT: About half-way to the middle of the property to the south they were confined by a wire fence. HUGGIiVS: They were restrainea from going into the approximate north half then, they were not a].lowed to run in the north half ? HE RBE RT: 1Vo. HUGGINS: You stated that you couldn't recall a periotl of ~year since you have been there in 1952 when there were not ani.mais on the property ? HE RBE RT: Ye s. HUGGINS: Can you make the statement positively in the other direction? Can you state posi- tively from your knowledge that there was no period of a year when there were no animals on the property to the present time? - 16 - HERBERT: A year or more ? HUGGINS: A year or more. At least a year. HERBERT: I would say that there were. No, I can't say that there was a year or more of vacancy that there was no animals. No. HUGGINS: Can you say - I am trying to turn it around to say it posififvely - can you say farom your knowledge that there was no penod of a year when there were no animals ? HERBERT: I would say that, yes, to my knowledge there was no year or more that there were no animals. HUGGINS: I have no further questions. BENNETT: What is the year of thi s aerial photo here ? HUGGINS: That i s the Spring of 1962. BENNETT: I have an aerial phota which was furnished me by the Soil Conservation Service of the Department of Agricull.ure which NGr. Eilar, who heads that department out in the Valley, states is from a flight survey made in the Summer of 1950 and this property we are concerned with is encircled in red and with the use of a magnifying glass you can make out the barn that is located; and I happen to have this glass here, if you vvant to exami.ne it. It shows,the you can't malce out the fence because thus was taken from a height of around 2 miles, according to Mr. Eilar, but we can see the barn quite clearly. HUGGINS: I can't make out the fence from thi s, unle s s-- BENNETT: The fence, of course, would propose something of a difficult thing to see unless it were very high. HUGCINS: Yes, I am not concluding that it was or was_~n't there from the aeriall. BENNETT: I have to take this back, but I jusfi brought it in for what it is worth. HUGGINS: Do you wish to demonstrate with this photograph that the barn was there in 1950? BENIVETT: That is the purpose of the photograph - to establish that the barn certainly was there in 1950 and that i s all. Nothing about the fence. _17 - HUGGINS: We have substantiated from our satisfaction by the appralsal of 1951 e BENNETT; That constitutes the evidence which Mr. Roy desired to present and I think it clearly indicates that fihis piece of ground was used for housing livestock or accommodating livesfiock; that it has been so used since approximately 1946 at least; that the use has been continuous; that both the fence and the barn and the use exisfied on September 25, 1963; that there has been no interruptson since September 25, 1963, for a period of one year or more; that because of these facts this is a nan-conforming use to which the Ordinance has no application. Now, I understand that the Ordinance prior to the September 25th ordinance, the Ordinance of 1943 as to agricultural zones, did not contain the restriction that we are here concerned with - that barns or fences would have to be 50 feet from any residence. As a sidelight here, although I recognize that it has no bearing on the true merits of the situation, but the Mannings I understand moved in there, recognizing the exist2nc f this barn and this fence; constructed their home there, with a full knowledge of the use that was being made of that property; and as I say that xs neither here nor there but nevertheless it is fact in thfs whole picture and should be given some consideration. Primarily we contend that this is a non-conformi,ng use and that it has not been discontinued and that it should be permit-Led to cantinue until such time as it is terminated. HUCGINS: Thank you, sir. If you would ask those who have given testimony if they vvould not rnfnd remaining until we have heard whatever other testimony that there is so that if further questions arise, I might redirect fihem. I would like to a sk at thi s time, the Zoning Admini strator, Mr. Marion He s s, to report to us here what he found during inspection of the property prior to his administrative determination. Mr. Hess, if yau will just identify yourself for the record. MARIOIV HESS. Spokane Gounty Adm:inistrator of the Zoning Ordinance. On june 1, 1965, we f13led out an inquiry sheet. A phone call c'ame irato the office concerning the Nathan Roy property at East 8706 Mission Avenue. The sheet has the record here of keeping 3 horses in - 18 - the corral, which is approximately, this corral or fenced area is approximately 20 feet from the , neighbor's horne. Then, on june 9th and June 14th, we had 2 more calls concerning the situa- tion aild I went out on July 6, 1965 and investigated the proper'ty; and i found the property in essence is what the photographs have here, that the fence between the Mannings and the Roys was there, the board fence, and that there were horses on the property and that Mr. Roy was in the process of putting up a new fence and that the new fence was coranpleted to a point of about 50 feet north of the Manning's board fence on the south property line -or the property line between the two properties. HUGGIIVS: Was the new fence thai you saw under construction, was the construction at that time, that is, in July of this year, was that proceeding along the west line of the property; that i s, on Sargent ? HESS: Yes, that is right. HUGGINS: Had there been or was there going on afi the time, new fencing along the south line of the property 3 HESS: No, there was no new fencing along the south line of the property. HUGGIIVS: Was the fence that you noted under construction, along the west or Sargent Iine of the property, was it as yet, did it as yet, pTOCeed to the southwest corner of the property? HE SS: No, there wa s wfre fencing in there. HUGGINS: There was wire fencing. Different frorri the new fencing 3 HESS: Yes. The pole type fencing as identified in the photographs here - poles lashed together with metal laslungs. Here brom this pole remaining uprighfi here which is in line with the north side of the barn to the board fence, the south property line.is wire fencing - there is a wire gate there. HUGGINS: Do you recall evidence of an existing fence aiong the south 12ne of the property? HE SS: An exi sting fence along the south Iine ? HZ7GCINS: Yes. Ofiher than the board fence. - 19 - HE SS: No, just the board fence. HUGGIIVS: Just the board fence? HESS: Yes. HUGGINS: There has been testimony that there was along the south line and that in fact there still are portions of an earlier wire fence pre-dating the board fence. You did not, however, notice such a fence or partion of fence along the south line ? HESS: IVot at that time. I did'nt go around back. I just stayed on Sargent in the rlght of way, in the street; observation,from the street. HUGGIIVS: So you cannot sta4hat you did examine the south line and found no fence ? HESS: Not from the barn as shown there - the east sfde of the uarn to the east property line. No. HUGGINS: I see. HESS: Not at that time. HUGGINS: And you say there were animals on the property durfng the time of your inspection? HESS: That is correct. I saw 3 horses. HUGGINS: You subsequently iniormed the present owners, the Roys, of what you determined to be a pre sent violation of the Ordinance. HESS: Yes. At the time I calied, they were nat home - the Roys were not home - so I left a card - a standard card we use to have people call in; and I have a note on a file sheet that 1IIr. Roy called at 2:15 P. M. on july 6th concerning the fence and said that he would hold back from the residence at 1422 North Sargent Road. I have that written down, and I later contacted the neighbors - M,rs. Horton and I talked to Mr. Herbert over the phone and what I learned from them was that the Dowds had not had arumals on the property before they moved into tlle new house, which was fn late 1953 or early 1954. This is the reason why I made the administrative determinati.on based on those sfiateme-rits that there were no animals prior to the Dowds moving into the n+ew home. HUGGIIVS: The home that is presentiy located on the property? HESS: That is correct. The home that is on the property right now. - 20 - HUGGINS: Where the Roys are livi.ng ? HE SS: Ye s. HORTON: Mr. Chairman, may I question you? HUGGINS: You may direct your questions to me, sir. HORTOIV: Did he state that Mrs. Horton said that there was any stock in there before Mrs. Dowd built the place ? Is that what I understood ? HUGGINS: You mentioned Mr, Herbert. Did you also mention Mrs. Horton? HESS: I talked to Mrs. Horton and I asked a specific question - if she could remember animals on the property prior to the Dowds moving into the new home? She said no. T taiked to Mr. Herbert over the phone and asked him the same question, and he said no. HORTON: I believe she misunderstood that because Mr. Dowd has always kept cattle in the barn ~ as long as I can remember. He has had alfalfa in the front, and I believe I bought that place there in 1951 and I have been there ever since and I have seen that place graze.4And I know good and well fihat Mrs. Dowd has kept a cow or something ever since I have been there. HUGGINS: What was your name, sir? MR. HORTON. HUGGINS: Mr. Herbert. You recall a conversation with Mr. Hess to which he refers? HE RBE RT: I think maybe that the understanding wa s that at the ti me that th uilt there, the summer t.hat they built, fihey didn't have any animals that I can recall but what they had prior to that, I don't I built in 1952 and they built in 1953, a year afterwards. At the time they had a fence when I built there in 1952. The summer they were building I can'A recall there were any animal s. That would still be within a year, see. HUGGINS: Or prlor to the time they built ? HERBE RT: They built in 1953. I moved in in the Fall of 1952, and I can `t at the time recall any animal s on the property at that time. HUGGINS: Can you recall animals on the property prior to that time? HERBERT: Well no, I can't say I can remember. I don't think I moved in in September, 1952 in the Fall. - 21 - BE NNE TT: May I a sk Mr. ,Herbert one m ore q ue stion ? HUGGINS: Yes. BENIVETT: Prior to 1952, you knew very little of this property? HE RBE RT : Rig ht . 3E NiNETT: You j u st bought thi s property ? HERBERT: I bought thi s property in june, 1952 and moved in in September, 1952. HUGGINS: Have you anything to add to your report, Mr. Hess? HE SS: The further contrnuation that we have in fihe file here f s that on August 23, Mr. Merryman who was the attorney for the Roys, came into the office and appealed the decision of the letter that is in the file here - my administratfve determination, Then, on Septemver lOth, Mr. Merryman came to the office to di scus s a compromi se to the fence i s sue . He said he would recommend to the Roys to place the garage and chicken coops in line with the barn to provide the setback for the horses, that they would occupy that area that is in question - in dispute - right now and to keep the horses back the required 50 feet. Since then we note here on September 27th that Mr, jack Bennett, who is the new attorney for the Roys and is represented here, called and said he was going to go ahead with the deal and that he had sufficient time to do so. And then there is one more, on September 28th we had another call from another neighbor in the area concerning the keeping of the horses on the property and the odor from the barnyard, etc. Mr. Huggins, that is the file record that we have. HUGGINS. Thafi last call you referred to. What was the substance of that. Let me ask this. Is fihe substance of that cali a complaint concerning the animals or evidence concerning the time of the placement of the animals there and the construction of any conffninq fence or barns ? HESS: This la.st complaint sheet we have is keeping of the animals on the property; the odor of the barnyard. It wasn't concerning the fence. HUGGINS: The complainant complained that it was a nixisance; provided no information as to how long the ani.mals had been there - over vuhat period of time ? - 22 - HESS: IVo. HUGGIIVS: 0. K. I see that there are others here. I presume that the others here, or at least some of them, have the other position in this dis/pute. Is there someone representing the fbys - excuse me, the Mannings ? Is there someone here repre senting the Mannfngs? F.RANK BLADE. I am Frank Blade, a lawyer. Mr, and Mrs. Manning asked me to be here today. They are both here. Would you like to have them te stify? I would like to have Mr. Manning te stify first. HUGGINS: I would like to ask you, sir, just from a point of time, how anany persons or affidavits you might have in support of the 1Vlanning's contention - just so I can judge our time. BLADE: I am not sure. How many affidavits did you fill out? MANNING: The affidavits faled here by 9 people. Some of them are - two on one affid.avit but there are 9 people te stifying there wa s no fence exi sting there before I built the wood fence. HUGGINS: And you have no new affidavits to present today. Ts that correct? BLADE : Ail of them are on file. HUGGINS: Do you have other than the afizdavfts, do you have people here wishing to give te stf mony other than Mr. Manning ? BLADE : Do you have any others ? MANIVING: 1Vo, just the wife and me. HUGCINS: All right. If you wi11 proceed. BLADE : What i s your full name ? TACK W. MAlVNING. 1422 North Sargent Road. BLADE: Your place i s ad j oining the Roy's place on the south. They are north of you. MANIVING: Ye s . BLADE: You tell us where was your place before your residence? MANIVrNG: At one time I owned the entire acreage, but I was forced to move on the northern half of it in 19 5 2. - 23 - BLA.DE : In 19 S 2, and you built your re sidence the way it is situated now at that time ? MANNING: Yes. HUGGINS: In 1952 ? BLADE : In 1952. Can you give the month at all when you started building ? MANNTIVG: We started early in the Spring, i should judge February. 1953. BLADE : What wa s located on the premi se s in que stion here north of you when you started building your re sidence ? MANNING: The barn that they say was built at that point was moved in, was a wreck of a barn, was drug in by somebody. I don't know who Urought it in. That barn was built a long time a4o and drug in here, and there was a fence brought out from the north line BLADE: Do you want to come up here and point to it. MANNING: Thi s barn in que stion here. Actually its location wa s a little further over like thi s. Now there was a fence brought over this way and over thfs way, making a corral. Vlrith a gate there. HUGGINS: Excuse me, sir, you say that barn and fence was located there at the time you built your house 2 MANNING: Ye s. HUGGIIVS: Prior to the commencement o# construction of your house ? MANNING: Yes. HUGGINS: How far was that MANNING: It came to this point here. HUGGINS: Was the sourtherly portion of the fence on your property line between the two? MANNING: Right here. From this property line to the barn Gus put in. HUGGINS: An.d that wa s located there prior to the bui].ding of your home ? MANNING: Right there, yes, sir. Now in 1958 Gus Dowd had some lumber left over from con- structing hi s house, and he had it piled right in here between the baarn and our property line and I gave him $40.00 for it in 195a and constructed this fence here. - 24 - BLADE: 1Vow point to that. MANNING: Fro he we st edge of the barn to SargentRoad wa s the time I built that fence. BLADE : What kind of fence i s tha. s? MANNING: Vertical board fence 2x4's the trees existed there at that time. HUGGINS: At the time you built the board fence, you constructed the board fence from the bam westward ta the Sargent property line ? MANNING: Yes. HUGGINS: At that time was there any other type of fence either in the same position occupied by the board fence or in any location within 50 feet of your residence? MA1V NING: No. FNG CINS: Tihere was none? MANNING: 1Vo. FiUGGINS: There was, however, a fence to the easfi of the barn, the southern portion of the fence wa s approxxma~ely on the property line. Is that correct ? MANNING: Yes. HUGGINS: Do you happen to know or would you care to estimate how far the fenced area east of the barn was from your home when you constructed your home ? MANNING: Vlrell, it is still in existence. I would say from my house, I would say - my house sits in this position here - I would say from here to the corner of this fence is about 50 feet. HUGGINS: You have heard Mrs. Dowd and others state that there were animal s. Mrs. Dovvd stated there were succession of calves and one sheep earlier in this. One sheep rather early, considerably more than a year ago, but a succession of calves as long as they owned the property. Can you say from your knowledge where such calves were located at the time you constructed your home ? MANNING: Well, I can say this. That they were not out in this area because there was no fence to contain thEm. You see here is Mrs. Dowd's house and they had a tremendous garden. They always did have until Gus got a little bent over and he wanted to make things easier, so he put part of this land in alfalfa but in most of the years these vegetable rows were in here - 25 - and their sons and daughters came out here and hauled that stuff away just all of the time, and I can cii stinctly reme mber up until j u st a f ew year s betore Gu s Dowd died, that Flla Dowd would come out of her house and walk right straight up these rows and into the back of our house, and she couldn't have done that if there was a fence in existence. HUGGINS: You say that area that you indicate by the long vertical lines was occupied by a garden ? MANNING: Truck garden. Yes. They raised just beautiful vegetables and he was a ret,ired barber, so he had the time to really do fihe job on the garden. HUGGIIVS: Did the garden extend south to the property line between the properties ? MANIVING: Ye s. With an open ditch - irrigation through here south of the barn; between the barn and ithe property line south. It was an open ditch for irrigation and Gus used to irrigate all (3?) rows here. I stood there many a time and we chatted there at the point and there never was any fence there because it would have been a nuisance to start with. HUGGINS: And to your knovvledge, were there animals contined in the area you indicate occupied by garden ? MAN1VING: No, there couldn't have been. HUGGIItiTS: Were there animals in that locatlon on the property. MA11TNING: No. There was a garage moved in here but up to just the last few years there was always garden. HUGGINS: sUntil what time - can you say, sir? MANNING: I would say just about 3 or 4 years before Gus died HUGG.INS: That would be 3 or 4 years prior to 1960, was it? TV[ANiNING: Yes. HUGCINS: And since 1961, were there animals on that portion of the property formerly occupied by the truck garden and the alfalfa field ? - 26 - MANNING: She ran them all except the year that Gus died. I don't think the entire year that she ran a calf. HUGGINS: So the garden use terminated about 1961 and subsequent to that, that area that you state was occupied by alfalfa and intermittent calves after 1960. But there was no barrier between the two properties to the west of the barn during that time. Was the calf free then to move between the two properties ? MANNING: ,At the time that Gus had his vegetable garden, he also owned property up at Diamond Lake. If they had any livestock at that time, they were raising their livestock up there. HUGGINS: Subsequent to 1960, after the garden was no longer in when the area was in alfalfa, was it pos sible for the calf to pas s between the two propertie s? ,MANIVING: If there had been a calf in there, they would have been all over the place unless they were chai:ned. HUGGINS: Was there any method during that time for confining the calf to the Dowd property? MANNING: Directly north where I built that fence. Ibuilt that fence in 1958. HUGGINS: You built your fence in 1958. That's right. Subsequent to 1960 there was a calf located there, and it is your contention rather than a prior wire fence that your fence confined fihe calf. Your own home was built in what year, sir ? MANNING: 1953. There was a big row of locust tree s that I planted approx3mateiy about 1939 or 1940 on the open irrigation ditch and that was the only barrier that was ever there, was a few locust trees and a coupie of soft leaved maples. If there had been a fence there, I would like to know what kind of fence it was. BLA.DEE: You state there wasn't a fence there until you put up a board fence? MANNING: Unfiil I put up the board fence. Another thing that stick s in my mind is the time I bought the lumber, I kept thinking here I am giving him $40.00 to build the fence and he is going to fence his property and it struck me as rather queer. HUGGINS: Prior to construction off your home - you owned the property sometime prior to the construction of your home ? _27 - MANNING: Since 19 3 8. HUGGINS: Since 1938, and did you have the property in use? MANNING: Oh, ye s. We had our home on ifi . , HUGGINS: And you home during that period was located where? MANNING: To t he south. To the s outh half af thi s acreage. HUGGIIv S:I But immediately south. MANNING: Ye s. On the same acre. BLADE: When Mrs. and Mr. Dowd had a calf in the place after - when was the first date they had a calf? MANNING: It must have been a calf contained by this fence of mine - it would have been after 1958. BLADE: V1Tas there fenc3ng other than your wooden fence and the part by the barn that would keep it in the area ? MANNING: As I remember it, there was no fence along here either. BLADE : How about the east boundary line ? MANNING: The east boundary line - I realiy don't know whether that was in existence or not. Another reason I know there was no fence here is the people to the east of ine had a young kid, and he vuas going to West Valley High School and he would cut through my back yard and cros,s out here and cross the deal there. At the time they buflt the fence it made him a little bit mad because he had to go around the block insteaci of across the corner. So there are a lot of things I remember about that maybe in other people's nunds - I certainly know when I put the fence up that I didn't take any time to put it up. BLADE: How rnany calves did Mr, and Mrs. Dowd have in there at any one time? MANNING: I don't think they ever had more tlian one of their own in there. BLADE: One a-L a time? MANNING: Yes. _28_ BLADE: And you found your check that you paid Mr. Dowd for fihat wood and that fs in evidence a s part of your affidavit s? MANNIN G: Ye s . BLADE: I think that covers it for Mr. Manning. HUGGINS: All right. Just a moment. I have here a statement from Mr. Manning and his wife. While you are still here, I would like to direct a clarifying que stion to 1Virs. Dovvd. Mrs. Dowd I have here in my note s that in 19 61 you had a calf arid approximately every year thereafter. MRS. DO WD: Yes. HUGGINS: Did you have animal s on the property prlor to 19 54 ? MRS. DOWD: Ye s. We lived at 1520 Sargent when we mov ed out there. We lived on Sargent S years and we always had stock ever since we have been there. HUGGINS: You acquired the property in 19 43 .Correct ? MRS. DOWD; Yes. HUGGINS: Begirming fror.n that date, 1943, can you tell me what animals you had on the property? MRS. DOVVD: We had a sheep and calves and hogs and chickens and rabbits. HUGGINS: During the period when your husband maintained a garden on the property, was there such a period of time that you maintained a garden on the property? MRS. DOWD: Could I go up to that map? HUGGINS: Ye s , indeed. MRS. DOWD: The first 2 or 3 years Mr. Manning might have heen right about us having a garden but after that we had this fn alfalfa and then the year that he spo}:e about that we put it in alfalfa, we plovved the alfalfa out and put it in pasture grass. HU GGINS: What year wa s that ? MRS,_ DOWD: That must have been - let's seeo Gus has been dead 4 years. That must have been about 3 years before he died. At least 3 years befose he died. And as far as me coming out my back door and going up there, I never did go out of the back door. We had to go around to get up to Manrungs because there was a fence there. 29 - HUGGIRTS: I want to know about when you stopped your use of the garden? When you put your garden area into alfalfa. MRS. DOWD: It must have been about the time he built the barn. HUGGINS: 1951 ? MRS. DO WD: No. My son helped build that barn and he pa s sed away fn 1950. HUGGINS: Excuse me. January, 1951, was when it was first assessed, so prior to either during 1950 or prior to 1950 the barn wa s erected. MRS. DO WD: It wa s ahead of 1950 becau se my son wa sn't home for a year or two and he helped build the barn and he pa s sed away in 1950. HUGGINS: Since the location of the barn on the property, was your garden Iocated on the property since the location of the barn ? MRS. DOWD: VITe didn't have garden up there. We had alfalfa and pasture and the garden was down closer to the house. You see we had a fence going through here, and this wa s the pasture and this in here was the garden. 11Vasn't that right, Mr. Manaiing? MANNING: N'o, you a.re all wrong there, Ella, MRS. D01J1/D: Oh, no, I am not. BENIVETT: J'ust remain there for a moment. HUGGINS: So you would think that after you brought the barn on the property MRS. DOWD: We didn't bring the barn on the property - the barn was built there. HUGGINS; After you built the barn, sometime prl or to 1950, that area to the we st of the barn was in alfalfa north and west. Do we aii agree that there was an irrigatian ditch on the property? Did the alfalfa field extend wEStward of the barn and south to the irrigation ditch? .MRS. DOWD: The alfalfa didn't extend to the barn. HU GGTNS: Oh. MRS. DOWD: No. It was up thfs way. The alfalfa and the pasture bath. - 30 - HUGGINS; And what was between the alfalfa field and the irrigatfon ditch? M RS . DO WD: Nothing. HUGGINS: Was your calf in this arza south of the alfalfa field, or pasture ? MRS. DO WD: No, not s out h. It had to be north of tlie lvianning' s place. The harn thi s i s turned around as far as I am concerned, but if this is north from the barn, then it was up this way from the barn. HUGGINS: The pa sture area for ttle animal s? MRS. DOVVD: Ye s. HUGGINS: Did you understand Nir. Manning was describing the corral in the corner east of the barn ? MRS. DO"uVD: Yes. HUGGINS: Was your calf confined in that area ? MRS. DOWD: Most of the time. Yes. But then we pastured out in here and we never had garden all that time either. HUGGINS: V1fa s there any fence other than the wire fLence along the property line that kept the calf north of the irrigation ditch; that i s you menfiioned that thi s area between the irrigation ditch and the alfalfa was nothing in there. Was the calf in that area? MRS. DO WD: Let' s see. Here' s our place anci the barn i s here.And thi s in here wa s Are we had the garden and the house on Mission. HUGGINS: This is the proDerty line between yours and the Mannings. MRS, DOWD: Yes. HUGCINS; And where was Sargent Road? MRS, DOMVD: Sargent Road is west, whichever west is. This is north and that would be south. As far as I am concerned this is Sargent. ! HUGGINS: Here i s the barn that you mentioned; the corral ea st of the barn would be over here. During that period since 1950, was the calf ever confined in this area? -31 - MRS. DOWD: Confined in fihas area ? It couldn't have been. It had to be in here. HUGGINS: Was it allowed to be in this area ? MRS. DOWD: Yes in there. This was all pasture. It was alfalfa and later pasture grass. BLADE: I was wondering when first we have a corrai and currently I gather the calf was most of the time kept in the corral. When it was pastured north of the corral and west of the barn, how was the calf confined ? MRS. DOWD: In a fence around the place. HUGGrrtS: Was there at that time to your knowledge then, not only the corral fence east of the barn, but was there also the fence west of the barn on the property line between your property and Manning' s ? MRS. DO WD: Ye s, it wa s there and half of the wire fence i s still fihere and it was from there on out to the raad there was a barbed wire fence until IV[annings put up their board fence. HUGGINS: The portion of the fence that f s still there. Do you know whereabouts that is located ? MRS. DOWD: Yes. It comes just about to the barn here and east. HUGGIIVS: But there was dwring that period, that is since 1950, also a wire fence to Sargent. Is that your recollection? MRS. DOWD: Yes. MAIVNIIVG: That wire fence, if it was there, what kind of posts did it have? How was it built? I would like a description. MRS. DOWD: It was on posts like ar_y barbed wire fence is. MANIVING: Then why if it vvas on posts like any barbed wire fence, why is the exf.sting fence that Gus put iiz down Sargent made out of steel posts ? MRS. DOWD: He doesn't have all steel posts. Mr. Manning, when Mr. Roy, that is, he put the steel post s in. That is what Mr. Roy f s taking out. ROY: Part of it wa s wooden post s. T.re y were rotten and they were replaced with the steel posts. There is still part of the wood posts existing. - 32 - BLADE: Was there, Mrs. Dowd, a confining fence, in other words, not only along the boundary and as I understand you to say along Sargent ? MRS. DOWD: Sargent and down almo st to the gara ge and then acros s. BLADE : And then you had a fence acros s? MRS. DOWD: Yes. BLA,DE : And then a f ence on your ea sfi boundary ? Iv[RS. DOWD: Yes. BLADE : And that wa s bar bed wire ? MRS. DOWD: Well, I think they had hog wire along the bottom of it, if I rernember nght. BLADE: The main thing that you had in this area since you and your husband started having pasture was one calf that you iattened each year? MRS. DO WD: Ye s. BENNETT: Did Mr. Manning ever keeg any livestock in his property? HUGGINS: What would be your point, sir ? BENNETZ': Did he ever have any sheep in his property down here ? BLADE: I objecfi to that as improper. BENIVETT: It is geared on the fact that if he had sheep in there, he must have contained them somehow. MAN1VING: Could I tell you a rather humorous story? HUGGI NS: I would j u st as soon you didn't. BLADE: If the examiner rules that it is a proper question, then you can confine it to a question. MANNING: It i s . HUGGINS; Let me restate the question. VVas there any fence or barrier of confinemenfi between your property which restrained any animals that you had on your property? MAN1VING: None whatever. HUGGINS: Did you keep animals on your property? MANNING; I did. - 33 - HUGGINS: And was there anything from preventing them from wandering north across your line ? MANNING: Yes, there was a 40-foot chain, I pastured all my stock on chains with a steel peg so I could move them where I wanted them. HUGGINS: There was not a fence along or near the property l.ine ? MANIVIIVG: No confining fence o HUGGINS: Is the answer close enough to the question that was asked? Sir - someone stood up - would you come forward and scate your name. ANTHONY J. CURRAN. I moved to this next property east of Mr. Herbert's, this property - the third lot over, in 1958. I at the time built a fence around my place and we had an irrigation pipe to this time running across here which Mr. Herbert put in and the irrigation ditch which is no longer there. I had to come from my property over to here to turn the water on. HUGGINS: During what period, sir? CU RRAN: 1958 until even today if I irngate. I walked acros s the back of Mr. Herbert' s property which had a board fence and here at the corner is a chicken wire type of fence which I would jump across and go through Mr. Dowd's,property over here which is in pasture or alfalfa xnixture and come over here and come out acros s hi s gate which opened out on thi s street - the gate that we talked about and I would come out here and turn the water on. At the time when I moved there a s I recall it wa s in 19 5 8, the year that Mr. Man ning built the fence, there was a barbed wire fence on posts running from here to here. HUGGINS: From where to where ? CURRAN: Excuse me. I am not farnough over. From the street over to the barn, lhat would be from here to here which since then has been removed. Because there was no need of it. It looks }:.ind of fun.ny when you see two fences sitting right next to each other. It has been removed since I moved there. HUGC3NS: What were the two fences thafi were there at that time ? - 34 - CURRAN: When I moved there there was a wooti fence fihat had j ust been built and a wire fence on posts - barbed wire fence on wooden posts - and there was a barbed wire fence mixed with hog wire down below running down along this street here. HUGGIIVS: That wire fence you mentioned was approxtmately how far north of the present wood fence ? CURRAN: It was right there butfied up against there; right next to each other. HUGGINS: Parallel to it ? Right next to it ? Within af oot of it ? Withfn a foot or two of it ? CURRAN: It must have been within a foot, I would say. HriJGGIIVS: You were first aware of that situation, when did you say? CURRAN: 1956, the year I moved there. As I say I had to walk - these fences stopped me. Either I had to walk around the street and it was qufte a ways I had to come through my property up across the back here and I couldn't get through here because of this ta11 chiclcen wire type fence, so I had to jump aver it and come across to which is a gate out of his corral, come around here through his pasture which was never any gardening here at any time `hat I have been here, It was always pasture and alfalfa which they mentioned, and I came through over here. I had to climb his gate because he had it locked at least nne of them in here and I caxne over here to fiurn my water on. HUGGTIVS: Thank you, sir. Did you have any more parties you wish to BLADE: Mrs. Manning. HORTON: Could I ask you one question? HUGGINS: Ask me ? Ye s. t' S µ,,10v -HORT'0X-.- It hardly seems - would you think that a person who was mechanically inclined or a j ourne yman -plumber ar so forth be bothered to put up a wood fence with a barbed wire fence cutting him in the back every time he went in the back to nail a board on the fence ? It hardly seems logical to build a fence without taking the other one down. I anean you got to board on this side of the fence; you got to board on this side. You can'fi reach over 4 feet and nail the bottom of the board fence. You vvould take the other fence down first. - 35 - ROY: Yes, I just got through doing that. ~"P A,~r~►rc~,/:. HOTWaIV: You took no fence off that property line. ROY: That 3s the fence I just put in HUGGINS: The question here asl:ed of ine I presume is hypothetical; that is what I would do is immaterial. lhh'r~t,aj r,*ir6 HORT4)-N: It is a hypothetical question. Tn other words, I am trying to refute hus testimony that I would be stupid enough to build a board fence without taking down a barbed wire fence that would be tearing me in the back or getting in my way. BLADE: I mfght ask you this along that line. Which side of the posts along there did you nail the posts to - the north side or the south side ? rt lu s-q HORTOM. In the second place, if I was buflding the fence and there were posts there - HUGGINS: I would Iike to hear the answer to that question. BLADE : Which sides of the posts did you nail those boards to ? Mt)RTCM: I didn't use the posts because there was none there. I nailed it between my trees that I planted. I used no posts. BLADE: Whfch sides of the trees did you nail the posts ? N~,rVnN rn/G +I{-3~T-GN: On both sides of the fence. One board is on the north side of the fence and fihe other is on the south side so that you can get a current of air through. BLAM: This isn`t hori2ontal boards. These are vertical boards that are spaced in between 2zt4's between the trees ? M33N~~1~V ~ H9R`.i'@N: Yes. If there were posts there, I would sure have used them. HUGGIIVS: Well you heard the last gentleman's testimony with respect to passing through the property to turn off the water and his testimony to the effect that in 1958 there was the fence that you had constructed and right next to ifi fihere was a barbed wire fence on posts. Do you contend that that is not a true statement ? M A, nt hjmA, NOR`PE)*: Absolutely it isn't because if there had been an existing fence there, I would have built my fence on those posts, I woul-dn't have nailed it up to the trees because it would have made a better Job and an ea sier j ob . - 36 - BLADE : May we have Mrs. Manning. ALICIA MANNING. BLADE: You are wife of Jack W. Manning, who has testified and you arid he have been husband and wife and living in this area ever since you first went out there. MRS. MANNING: That's ri.ght. BLADE: VI/hat is the year you occupied the southern part of your land? MRS. MANNING: When we first came to the Valley in 1938. BLADE: When did you and Mr. Manning build the residence where you now live? MRS. MANNING: We took out the building permit in March, 1953. BLADE: Since then, that is your home and residence and has been ever since ) MRS. MANNING: That's right. BLADE : You are stf ll living there ? MRS. MANNING: That's right. BLADE: Tell us - you know what the conditinns are here. When was your recollection of when there was a fence put between your property and the Dowd place ? MRS. MANNING: In 1958 we built the board fence. Before that my driveway parallel s the boundar~ line and I had a strip of ].and between my driveway and the edge of the property line which was an open ditch; and I didn't have very good iuck with it beautywise. I couldn't make anything grow. I txxi.ed roses, I fisied daniias, and I tried small flowers and nothing did well because of the roots of my locust trees and siiver maples and it didn'fi look like anything, it just wanderecl of# into Mr. Dowd's yard there. And iL was an open ditch which I,Zwatered from. His water came down the difich and then ran down rills, so we decided ta put up a little board fence to make it look better and that's what we did. BLADE: Yes. You collaborate that you bought the lumber that he had behinci his barn and used that as part of the fence. - 37- MRS. MANNING: That's right. When we started in and talking fence, he said #hat he had some lumber left over and did we want to buy it, which we did and I gave him my check for it. BLA.DE : And we have that to attest in an affidavit here. MRS. MANNING: That' s right. BLADE: Was there any fence between your place and the Dowd place, that is in the vicinity of your house until you people built thfs board fence? MRS. MANNING: Oh no. There was an open ditch there and Mr. Dowd used to come up on that and irr.tgate. He lzad quite a number of hours of irrigation water when he was using the open ditch. Qu.rte a number for an acre, round about 8 hour s, wa sn't it, Mrs. Dowd ? MRS. DOWD: You're telling it; I'm not, BLADE: just tell the facts. Don't ask questions. MRS. MANNING: All rlght. BLADE: Let me ask. VAzat fences do you remember exalsted before you built this board fence? NCRS, MANNING: Before we put in our little red board fence, there was no fence there. There was no fence there - th.ere was an open ditch and our locust tree s. BLADE: Whafi I mean is, were there any fences anywhere on the Dowd place at aIl? MRS. MANNING: On the back af the barn there wa s the wire fence. B I,A.DE : Ye s . HUGGINS. Excu se me. Would that be to the ea st of the barn ? MRS. MANNING: THat's right. BLADE: And was there any fence from the corner of the barn as I understand it down to the ditch? MRS. MANNING: There was wire through there, that is all. We have a wire fence through there now that corral s our dog s on our side of it. BLADE : T see. So you remember a corral connected wfth it ea st of the barn. MRS. MANNING: They had something in there; I don't know what. Some wire. HUGGINS: What about we st of the barn ? - 38 - MRS, MANNIIVG: There wa s no fence between the barn going we st to Sargent. There wa s an open ditch and our trees and that's all there was. Mr, Dowd used to stand out there and irrigate and I stood out there with him a number of times and chatted. We visited on his irrigation days as his water ran down the rills and there was no fence. BLADE: Now there is testimony that Mr, and Mrs. Dowd would fatten one calf by having it eat on this area in alfalfa. Do you remember when they stopped using that part as garden and alfalfa approxi.maLely ? 1VIRS. MANNING: They had a large garden when Mrs. Dowd moved into her house. They gardened like all of us extensively and they had truck garden stuff coming back - mighty fine tomatoes and peppers and corn and stuff came all the way back and he watered it through open rills and then when we put in the fence, it was about the time that he stopped, decided not to have such a big garden and cut his in half and planted clover or alfalfa from their side there up to the red fence to the ditch. BLADE: From your description o# cutting it in half, I assume from what you said there was a fence bwtlt between where your board fence was and the house acros s east to we st . MRS. MANNING: Yes. When he put in alfalfa he put in a fence across from east to west. HUGGINS: Where ? A board fence ? MRS. MANIVING: No, no. He didn't put in a board fence. When we pufi in our board fence he decided to cut dovvn on the size of his garden and put in alfalfa or clover or whatever it vvas that went up to our board fence that would be cutting his garden down in half. He put in that portion - the south partion for him. BLADE: What kind of fence was it he built across there? MRS. MANNING: It was a wire fence. HUGGINS: And where was that located ? MRS. MAIVNING: About haif way down in his yard because I-IUGGINS: Would you go up and show us on the map. - 39 - MRS. MAIITIVING: Wherever his fence came through here. Gus' house I would say abour through there and this part I wouid say he had in alfralfa from then down. HUGGIIVS: Mrs. 1?owd stated fihat during or prior to 1950 when the barn was erected on the property, the area in question, including the area adjacent to your property and north ot the irrigation ditch, was used for pasture and for the keeping of a calf. This was in 1950 and subsequent thereto. Can you substantiate or deny that ttestimony? on MRS. MANNING: She didn't have any animal_q/tlzat land when she lived across the street at whatever address that was'. She didn't have any over there when they Iived on the west side of Sargent. I think she moved over across the stree~er new house in 1954. We moved in ours in 1953 and she was still building when we were in our house and then she had garden up there for the next number of years all the way up. BENNETT: Mrs. Mannfng - do you recall - you have testified that you do not recall a fence in this area here prior to the tfine you put your board fence in. Do you recall a fence on this side and this side anytime prior to the board fence ? MRS. MANNING: No. What was down between the Dowds and the Herberts, that is cornpletely off our property and I don't know what they were doing over on that side but down the road after we built, our board fence and put iv in there and when Gus planted clover or alfalfa, he went out and when he decfded to get a calf, strung a law fence down Sargent that way and I twitted him about using used wire on his fence and he said it was all right, and I said it was all ri ght too. So that wa s it. HUGGINS: After you built your home ? MRS. MANIVING: After we built our red fence we are talking about. BEN'NETT: You have no recollection of the fence on the east side ? MRS. MAiV1VING: I d on't know what wa s on the ea st side between Mr. Dowd and Mr. Herbe rt' s property because that is completely north of us and I wasn't observing what those two were doing. - 40 - BENIVETT; Would you oftentimes use Sargent ? MRS. MANNING: Sargent ? Of course. Sargent is a different BENIVETT: Couldn't you have looked across here and have seen what was over here? MRS. IvIANIVING: Perhaps I could have, butIwouldn't say. What they did, I don't know. BLADE: What is the first year that you remember that IVir, and Mrs. Dowd had a calf on the property ? MRS. MANNING: They would have had it after vve put up our fence and Mr. Dowd strung wire down the road so it would hold it. BLADE : And w hat wa s your rec ollecti on of the year ? MRS. MANNING: It would be after we put up our fence in 1958. MRS. DOWD: Would you ask Mrs. MannYng if we didn't have calves or do anything before 1958? We have been out there for 20 years and we always had stock ever since we have been there. Where do they get that idea ? HUGGINS: I believe Mrs. Manning stated - did you state that it was your recollection that the Dowds did not have animals on thefr property prior to the building of their home in 1954 ? MRS. MANIVING: Ye s, I stated that and so did Mrs. Herbert and Mrs. Horton according to the earlier MRS, DOWD: Yes, but Mr. Horton corrected it. MRS. IvIAN1VING: They both did. Mr. Hess has that in his records. I know Mrs. Dowd didn't have any when she wa s° acro s s the street, BLADE : That i s all we have. We do want you to c onsider the affa:davit s that are Zn the file. HORTON: May I ask about the calf being on the place before 1953. Because I helped Mx. Dowd unload that calf in 1953. I belfeve Herberts and Nir. Dowd bought a calf together. He always bouqht a heifer~alf and we had to unload him on Mission and I live right on Mission and ~ Sargent and I went over one day (I was off work) and helped him unload it about 1953. The first calf that I can re member to c ome on that place. Right around 19 5 3- 1952. -41 - BLADE: Was it in the Fall or in the Summer? HORTON: It was in the Summer, HUGGINS: You say that is the first calf that you know of ? HORTON: 1Vo, that is one of them that I helped him unload in 1953. That is one special one that I know of. T think the Herberts and Mr. Dowd bought their calves - they bought 2 of them; they brought them there and they couldn't unload them without any help so I helped them unload them. HUGGINS: I would like to ask the other attiorney's help in recapitulating one point. In support of Mrs. Dowd's stafierrient that there tivere animals; namely, calves and a sheep on the property prior to construction of the Manning's home, could you ask those who stated to this point to identify themselves - I would like to ask them the clarifying question. Others besides Mrs. Dowd. I have Mrs. Dowd's testimony well in mind, but I would like to recall without having to refer to fihe tape again statements that others fn support of there having been calves on the property prf or to 1953. BENNETT: Mr. Horton, you moved there in 19 53 . HORTON: I mov ed there in 1952. I believe it wa s the Year of 1952. In March, 1952. BENNETT: When did the Mannings say they started constructfon of their house? MRS. MANIVING: 19 5 3- in March. BENNETT• You remember then unloading or 1lelping to unload a calf ? HORTON: It was either in 1953 or 1952. It was in the Summer there because they had to unload it on Mf ssion because they had a little high hill there by nis place in order to get it down. So they backed the trailer up there and they had to geL them out there on Mission. So Mr. Dowd and Vernon were having a tough time and I went over and helped Vernon and him unload that calf . HUGGINS: Do you have any knowledge, sir, of any calves being on the property prior to the one that you helped unload ? HORTON: All I knotiv is I have always seen a calf up fihere in the corral. Mr. Dowd has always kept a heifer a s long a s I can reme mber . - 42 - HUGGINS: From your personal knowledge, was there a calf on the property prior to the one that you helped unload ? HORTON: I believe there was - ye s. He killed one every other year up there. HUGGINS: Do you recall seeing a calf on the property prior to the one you helped unload ? HORTON: Yes I have. It was just a vacant lot there in front of my house, and I could see Mr. Dovvd and Mrs. Dowd come out there and measure for their house evej-y so often. I bet they measurecl a hundred times. I watched them measure for that house to get it perfect. BEIVNETT: And you moved there in 1952 ? HORTOIV: In 1952. BEIVNETT: Now, Mr. Herbert, when did you say you moved there? HERBERT: I moved there in September, 1952 but I bought the property in June of 1952. BENNETT: And do you remember that there was any livestock on there in the year you purchased your property ? I-IERBE RT: I can't recall. I can't hone stly say ye s or no there wa s fn 19 5 2. I know there wa s in 1953. BENNETT: And every year thereafter that you were there ? HERBE RT: Ye s . BENNETT: Mr. Curran, when did you move there ? CU RRAN: 1958. BEIVNETT: That is about the only other witnesses 1 have I think other than Mrs. Dowd. HUGGI\TS: I would like to ask the first gentleman, Mr. Horton, do you know whether at the tfine you assisted in the unloading of the calf that you mentioned, fihe Manning house was under constructfon at that time ? HORTON: I can remember when Mannings built their house. I can remember that; I was out there when they built it. Yes. HUGGINS: What it prior or subsecruent to the time that you helped unload the cow? - 43 - HORTON: They built their house prior to fihat. HUGGINS: Prior to that ? HORTON: They started it prior to that after I helped them unload the calv e s. Ye s. They mu st have started it in the Fall. I don't know just exactly. MRS. MANIVING: We started our house in March, 1953. MAN.1tiTINu: There i s a que stion come s up here in my mind. They backed thi s truck up to unload this ca.lf on 1V[ission. The land sloped right down to Mission. Until Gus built his house and erected that rock wall with the dirt that he taok out of the basement, there was no rise at all the land just sloped righttD the edge of the road, so there would have been no benefit of un- loading the calf down there. You wouldn't gain 6 inche s in 10 feet. HORTON: He got all those rock s from my back yard. Gus wheeled them all over in a wheel barrow from rany back yard. MANiVING: You mean he built the wall before he bu3lt hi s house ? HORTON: Yes, the wall was built. He was buildin.g it all the time. HUGGINS: We have in the file several affidavits from persons in her.e. Would you care to examine those and make any comments or ask any questions of persons who might have knoVVledgE about the m . I would lxke to ask Mrs. Dowd one other question. First of all, I would like to ask of anyone who is in a posftfon to know when the open ditch was replaced by the present pipe in the ground ? HERBERT: 1955. The said ditch that we are talking about here is on ivirs. Dowd's property. HUGGINS: Still ? Or was at the time ? HERBERT: V1re11 it is about half there yet but it is all grown up in pasture. You can't tell. The pipe i s lying in the ditch. HUGGINS: In the ditch, and you say ta the best of your knowledge that was constructed in 1955. IIERBEERT: 1955, because I put in a sprinkler system prior to Dowd so it was in 1955. They put in a sprinkler system about 2 years later. - 44 - HUGGIN'S: Does anyone else have any information just to that point when the irrigation ditch was replaced by the closed pipe ? I would like to ask Mrs. Dowd then - immediately prior to the installation of the pipe, did you irrigate your land s from the open ditch ? MRS. DOWD: You know that ditch ran across our land, across Vernon's and across Curran's. That was the only way we could get irrigation water at that time. HUGGINS: And you did irrigate from that ditch. Is that correct ? MRS. DOWD: Yes. Everybody did. HUGCINS: Did you irrigate the pasture as well as where the calf was kept? IViRS. DOWD: Ye s . HUGGINS: Was the wire fence that you menfiioned to the north of the irrigation ditch? MRS. DOWD; No, south of the irrigation ditch. HUGGINS: So the wire fence was south of the irrigation ditch? MRS. DOWD: Ye s . HUGGINS: Do you have a question? MRS. MANNING: No, but I would like to speak about the irrigation pipe. Mr. Herbert probably probably remembers that was our pipe that went in there. HUGGINS: jusfi a moment. We can't pick up cross-conversations. We will have to take one at a time. Will you come a little closer so that we will be sure to get your statement. MRS. MANNING: What I would like to say i s that water won't run up hill and all the land slopes towards Mission and so when we built our house in 1953 we used the same tap as they are talking about on the corner of the property where our red fence is now. HU GGINS: The irrf gation pipe you u sed ? MRS. MANNING: No, we u sed the same tap. HUGGINS: For your dome st.ic water? MRS, MANNING: Yes. HORTON: The same for your irrigation? - 45 - NiRS. MANNING: Yes. Our water will not run up hill, so we have put in irrlgation pipes that ran down this open ditch and that vvas the first pipe that went in there. That was the only way we could run our water to run it up hill was through pressure so those were our irrigiation pipes. MANNING: I am a plumber by trade. I was working for Clarence Weston Plumbing and Heatf ng. We stripped out a bunch of used black iron pipe in the building; I bought it from Clarence Weston and put it in the ditch; connected it on; put the unions in it; and ran it clear to where I wanted to take my water off - about 100 feet. HUGCINS: This is the irrigation pipe from which the Dowds thafi replaced the ditch? MANNING: After that the Dowds eut in some T's in that line, more T's. I left him one because then he vvould irrigate with an old fire hose by hook'ng on to that. I Ieft Gus one T. HUGGINS: VVhafi year did the pipe replace the open ditch ? MANNING: I was working for Clarence Westion in 1953 as foreman. Then the rest of them all hooked onto it and extended it on down. Now the line that that pipe runs down is all on Gus Dovvd`s land but my trees are absolutley on the line so if there was any fence in there on the line south of the ditch, the wire had to swoop out around my trees if the fence was put on the line south of the difich. HUGGINS: How far is the ditch from your tree s? MANNING: The ditch i s right at the tree s on the north side of the tree s- the ditch started right there. We planted them back a little bit when they were little; of course, a tree grows big and grew out in the ditch. And Gus and I always said, well you are irrigating my trees every time he frriga-Led and fihey have actually grown past the property line they have gotten so big. Ac'Lually they are into the other property now. So if there wa fence nortli of that irrigation ditch, they wove it in between the tree s and the yard. But I wanted to clarify thi s about the pipe because appaaently you are either with me or against me, and i furnished that pipe so I am going totake it out of there too. HUGGINS: If there is no one who has any further testimony - if each attorney would care to make a brief summary oi the points he believes substantiates his case, it migizt help me sub- stitute the length af the tape. - 4 6_ 1 i S U M M A R Y i , BENNETT: It seems to me there is testimony here, certainly from peopl.e dvho ought to know, prlmarily from N[rs. Dowd, rhat this hearing examiner should give considerable weight to. IVo one in this room here should know better what use was made of the Dowd property than lVi.rs. Dowd, because as I say she was the owner of it with her husband and ought to have the best recollection of what acfiually was done with it. We know without any questfon - we know fihat this barn was in here sometime prior to 1951a Probably the Assessor says he first picked it up in 1951. He says that it could have been built anytime within two years prior to that - maybe even a little longer. Mrs. Dowd has testified that her son helped build the barn; that he died in 1950, so that oug.ht to pretty well establish that the bam was there prior to 1950. So we know that if they had a barn, they must have had Iive stock; that it would be rather usele s s to build a barn if you didn't have some livestock. And if they were raising only calves to a point where they could butcher them and utilize the meat, it isn't logical that they would build a corral next to this barn with all of this ground here available to them and keep their animals confined in this corral. It would only seem logical if they had the barn for the use of livestock, they had a corral here, they had a gate in the coiral, they must have utilized this ground - it would have been illogical not to utfiize it. If they utiiized the ground for pasture and if the barn was in connection with that, we know that thi s wa s done prior to 1950 and f or sure prior to 1951. In reading through the affidavits there that have been filed here by the Dowds, a number of those affidavits are from people who visited the Dowds, One Qf them I noticed as a Nine M9,le Falls party who would come down and visit the Mannings I sliould say occasionally. They would only occasfonally see this property. Th Dowd s~ iv e~ ere, the Herberts liv ed here, Mr. C urran liv ed here. Mr. Curran of I didn't even have him on my li st a s one of the witne s se s. He popped up ou~/`the clear blue - 47 - here and certainly his recollection that there was a wire fence along the board fence seemed very candid and easily within his recoliection. Although the Mann.ings seemed to be so certain about this fence right here, or the absence of a fence here, they seemed to be rather vague about the fence on the east side and yet they lived right down here, They drove up and down Sargent all the time and yet they can't remember for sure what was on the east side of this property. If there were a fence over here and if there were a fence over here, it seems foolish and they, of course, admit that a fence was put across here. It seems indeed, foolish that there would have been fence s constructed with an open end down here. What good wa s the fence? What purpose did it serve unless ifi completely encompassed the entire property? VVIZat possible logic could Mr. 17owd have had in not running his livestock fn this part of his properly down here? If he had this property, he might as well have used it. Now there i s some que stion a s to where hi s garden wa s located. The Mannings would have us believe that it came all the way down to the ditch. Mrs. Dowd indicates that it was further up this way. There is nobody said anything about a fence down through here that would have lcept the live stock out of the garden, if the live stock and the garden were there at the same time. The garden probably was closer up here to fihe front end. I repeat, that of all the persons here who has testified, the one that I think that this hearing examiner can give the greatest credence to is Mrs. Dowd. She has no reason to be lying about it. It i s her property. She u sed it. Perfect evidence that the barn wa s here; that the corral was here, and it doesn't make any sense to me that you would have the barn and the corral without utilizing the pasture. Now Mr. Manning constructed this residence property here. He thinks the distance from here to here is about 50 feet. He vvas living as I understand on the farther end of tha.s property sometime prior to that. He was quite aware of the situation up there. He chatted with Mr. Dowd across the back fence accordfng to hfm, or across the irrigation ditch if-there were no fence. He knew exactly what he was doing when he built this building there. - 48 - He knew what use Mr. Dowd has made of the property and now new owners are in there. They have horses in there. The Mannings have evidently decided that this barn and this fence are located a little bit too close to their property and they would like to get rid of it. 8ut the property rzght that has been established here is a valuable one. It is a use that the Dowds considered valuable, Mr. Roy fiook this into consideration when he bought the property because he has horses and he vvanted to keep zhem there, and Ithink to permYt the property now to be converted to a point where Mr. Roy wfll have to let part of this property go to waste because of an unjustifited imposition upon Mr. Roy, and I believe we have quite adequately establfshed that the use was fihere in 1953; it has conti.nued since then; and it should be permitted to be continued. HUGGINS: I would like to ask one question of you, sir, and this Znvolves a pofnt that no one has ac3dressed themselves to yet. If we may presume for a moment thafi the wefght of the evidence establishes as a non-conforming use the keeping of a calf continuously until the Dovvds sold the property, certainly and subsequent to the time of the construction of the Manning's house, I wonder if you would care to address yourself to the ouestion as to how that non-conforming use, whether that non-conforming right would extend also then and if so, why, to the keeping of 3 or 4 horses upon the property, BENNETT: Well I have recognized that point in the discussion, but I have felt and I have felt this all along that if the land were kept for the use of livestock of any kind, whefiher it be sheep, cattle, horses, pigs, whatever the case may be, that this has imposed upon the land fihat general type of use, the keeping or' livestock and that whether you had a cow on there or a horse on there, or vvhatever the case, may be, that has branded this land so to speak for the keeping of livestock; and livestock in my opinion would encompass hacses as well as cows, HUGGINS : And in any number ? BENNETT: And in ary number. If it is non-conforming and if it is not under the restrictions of the 1953 cade, then there would have to be some other regulation to impose any restriction on its use. If the 1943 Agricultural zoning ordinance has some restriction on the number af - 49 - animals that could be run on there, then I would say that pQSSibly would be applicabie, but I don't believe that this non-conforming use, I don't thin}: that you can narrow it down fio a point where you can say that when the 1953 ordinance was pa s sed only cattle have been kept on there; therefore, we will restrict it only to cattle. I think the general u5e was the keeping of livestock and this would involve the keeping of horses as well as cows. I don't k.now what fihe ordinance has to say about hogs, but there has been according to Mrs. Dowd, there has been ducks, geese, chickens, hogs, sheep and cattle on there. She and Mr. Dowd just didn't happen to have horses. But this general use, the use for livestock certainly in my opinion, ought to include now the keeping of saddle horses instead of cattle as the Dowds have been. HUGGINS: I would like to advise other members here that at this particular time our hearin°g is more of a recapitulation by the attorneys and naturally the nature of their remarks is by the way of summary and argument; neverthele s s d on't feel xnclined to at thi s time expre s s difference s since they are at this time giving their opinions of the weighfi of the tiestimony. here BLADE: A very brief I was called in ths office to check one affidavit/very recently. The way I see thi s in 19 5 3, in March, Mr. , and Mrs. Mannfng started bua,iding their new home right next to the boundary between Manning's property and the Dowd property and at that time if° I understand the testimony correctly, there was a building over here and I gather from the testimony of the son-in-law that it is a 2-story building. STENTZEL: That is an attic. BLADE: An attic and he stored his goods vvhen he had no place to put it, so apparently it wasn't used exclusively for Livestock. Ifi was used as a storage place for household goods and other rhings. In the event the corral of the barn was corriffined ta the area east of the barn to the ea sterly boundary line. Now that i s a s I understand the situation stood when Mr. and Mrs. Man.ning built their house, beginni.ng in March of 1953 and they built i.fi ancl they have lived there ever since and there is no question from the f:[le and from the cancelled check by - 50 - Nir, Manning to Mr. Dowd that Mr. Manning did buy the lumber that Mr. Dowd had available and then he put 2x4's along the trees and made uprights of these boards which made a board fence with air space between. Now then, that was in 1953 and the most th.at had been used by the Dowds at that time was this lfttle space over here. There is no testimony or collaborating testimony that there were hogs and sheep and everything else running wild all over the place. Whatever they had vvas over in this little corral next to the building - vvhatever it is. After Mr. and Mrs. Manning were here and put their board fence up, as I understand up until then, this was an open ditch and the water was taken off in a dos,vnhYll direction towards IV'iission by openings in tlnis ditch to irrigate with and the testimony is that they had a good garden aIl the way along here and plenty of produce from it. Then Mr. , and Mrs. Dowd decided to put that in alfalfa and as Mrs. Dowd said latear they plowed the alfalfa and put pasture grass in there, and then Mr, and Mrs. Dowd would pasture one calf a year or every other year. They would get a calf and hold it for a couple of years and then butcher it and then another calf and hold it a couple of years and then butcher it. One calf. That I submit re spectfully doe s not de stroy the protection of Mr. , and Mrs. Manning and the whole neighborhood and the whole area for this ordinance which was passed in Septem- ber, 1953. It says anyone who has animals on thefr ,piace must have them con#ined 50 feet away from their residence. One calf that is brought thxough two seasons and then butchered is quite different than 3 horses and now 4 and apparently they intend to continue increasing them. If we don't uphold this ordinance and say when you have animals there, horses in great number, you should keep them away from a residence. That is not healthy. It isn't good for the community. And if it is allowable here then it is allowable anywhere else. I submit that the evfdence shows that the Mannings are entitled to the protection of that ordinance and that the Roys now, if they intend to continue to have a horse s or 6 or a dozen or more than that, tl?ey should be made to put treir fence 50 feet from thi s re sidence . That is what the law is there for and there is no question but what the law was there shortly after Mannings maved into there and built the house and they should have the protection. -51 - . HIJGGINS: IVvant to t6ha# you all for coming and offering the information that you have offered. V1re w31I study the evidence presented at this hearing and the evidence presented fn the affidavits filed in the Planning Commission office and as soon as possible we will render a decision. I would like'to sfiate that whatever my decision is, it is nofi a final one; that is it need not necessarlly be a final one. The Zoning Ordinance provides that any determination of the Zoning Adjustor may be appealed within IO days to the Board of Adjustment vvhich is a superior body of lay persons appointed specifically to hear appeals from decisions of the Zoning Adju stor . If either party feel s aggrieved by the deci sion of the Zoning Adjustor, that decision may be appealed within 10 days of the decision simply by letter to the Board of Adjusfiment addressed in care of the Planning Commission office. Al.l those who would lfke to receive a copy of the determination of the Zoning Asljustor, please leave your name and address with our seeretary in the Planning Commission office acros s the hall. # # # ~ # # # - - 52 0 U N T Y U F S P 0 K A N E S P 0 K A N E, W A S H I U G T 0 N SPOKANE COUNTY BOARD OF ADJU;TMENT Case Noo V90245 Date : ~ 105 CERTIFICATE OF APPROVAL FOR VAR.IANCE 1. Name : T" wo sindw 2. Mailing Address: gW% 65* MSSIM AVWWWq 3. Legal Description of Property: ftg F~" 59. S'S hGfA ot Mrr Wbri 6%.?8 !WfA ot Lo4 39 !ll.ock 3, :lutoairsem's AdMtLon in iscUm 189 Towuhip 25 N. t Raqw 44. E. 4. Nature of Variance Reqeustedo TO PW*it tW !rl1-4AO=0 c7e3 a lot ba" ss ~t ~l~i~ 04 ~ ~1~ 1~l~~ ~ ?.~l~ 0tA ~VAt~ 0n • QNKIS atil0~& 9* p& im 11 0~. 5. Approved by Zonin6 Adjustor after public hearing cn %weWb`' 1o 170% C041~~~'M: i. "0 plaomomt of the tsailer vn tte p~3party wl41 Ze aubjwt t,a tte pLovt p1S y w'0 111- 1 +~d IV wo aW1umRt. a* ftfiliUM md MaIW wtpp&drll be installed wr prwotrsed !W Cotrft sualth Dp 'S Oa~lw► saitil D. tbe t~rail~ s~/ be ~oe-ad io t!~ awow wreu swwiqg t6w ass~~. It "a 8Wt4 D~qet irtl• ftt go ~dt-'!n1 ,qot= ta oaE +d-raa~ ~ ow "pus 1o* De Ln~tausi ta ~M an tavilw. :t po ~w~e+yr 1muiiuw an pea►~+ard `o tJw usiur, the tcu11er eqw be wrd !bw w ' ' wMr owl1►• 36 7W l%ilw oq bs ovo~+~d oaf a► "r. i►V& P+~la~la. 410 U j~ ~r~ "rq ' , ? V? at whio.h tl,-m moh --evilt dia? ' bea-yac+ :r.i'l''. and v-)i-cL CYatiN ~u~► CHAR.LES L. HUGGINS, Zoning Ad justor ATTEST: V i Recordin S~a Beatrice V. H lls, g ry ~ i L I i :q _T . ^ _ , ` . 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BLADE Larvyer WCST 1321 KNOX AVENUE MarCh 2 J' 1966 9POKANC WASHINCTON 99207 T~ sgoKANE!, couiqTy BaA.Rn or. .a.DjusTrfmqT Coanty Court House Spokane, 1.4ashington -(c/o Spokane County Plenning Commnissior_)- Gent?emen:- NOTICE0 ,P A_PPEAL ~ pe Zonirag AdJuttor's Decision - dated 14arch 16,1966 -GZiAR?,ES L.HUGGIIJS, Zoning Adjustior -(in re-- AR R1,;V Ll-t Qf AD~MSTRATIVE .ADMII3STRAIION)- (p 45D - E -05 - Location of I'ence to Confine Animals ) Re: - Zoning Administrtator 's de'uerranation, as con-t;ained in ~letter -o Mr.1`lai~han Roy, clated August 17,1965 Mr t8706 . Jack 4t. i~.nning, resiri.ing at - iVorth 1~+22 Sargent Road, in Spolmne County, Z-Tashir~ nereby give IdOI'IGE OF APPF.t~L - to said SPOKI~NE CaUI~~`?'Y BR4RD OF AUNSTM~' -f'or r,r, and reharing, and determin~ation, o~" the cY~ax~ges tra ~ A~^ .&.Nrs .►~TatiY~an Roy, at Eatt Mission Avenue) Spokane County, Wasrington, are -(and under the said decision of said Charles L.IIuggins, Zoning Adjustor., o~ 14arch 16,1966, inll continue to be)- in vialatY of' ].aws and ordinances of Spolsnne County, Washing'ton, wizich grohabits "any buildinq housing animals or .foial and any yard or runwaSr not less tnan fifty (50) feet from any dvrelling other than the dwelling of the oFn-ner." Datec~ at Spokane, Washington, this ?2nd day oz' 14arch.1966. I, MR~ & h1RS. JACI~ 11. M ~I d BY - ' - --1 P4arch 2~,1g66 Ii'rank j. Bled eir atta►. of record -lorigir~al delivered to said SpokanE VCounty 3oar~i 0" I~djus tment - -aYIC~r - -copies ,'to:- -(by U.S.NIai? -said N~.&.Mrs.IJsthan Roy -(and ~o their lawver, Jack Bennett')- --and zilsaid Mr o8` Mrs.Jack .NIanning ' - ~ -rw---.~w-w- 1'.L~a~ tJ O-i.U~'G -at(iy.for Ar.r&.NIrs.Jack Zd.NAnnzng I' ~ I k « - - - - - _ , _ ' . - ^ - .'~fl~~(o ~.~'~'t~t,~, , r:iJ►~ ii~, . - - - + ° "e t - - _ - - _ -j--- - . 1 - ~ - ~ ) . • - - r- r ~ ~ t 1 1 . . . v r, , . . - . . _ - } -t- i i,, , ' • , . ~ I ~ 1. L ~ ~l _ ~ , . . r . 1 1 • r:, l, I.--A QV, . . . , , , J REVIE W (?F tyI?MMSTRATIV£ I?ETER1ViIIVATI0N, 1. R-AD-E-1-65 - Loc;A€~on of Fen^'e=ta Crjnftrae AnIme-Is ZorAng PAjustor Dectsiam Ths3t the GorA.11:g Adyr°~''s~Si;~,~t.atQr'-s ~~~•~~~:~~~~~k~y as congained in a?ettes to, P&: Nat~~~ Roy d's7ed Augu9t 17 Q 1965, Ic~ ~aapheld azad ewo!,~~rcede. wccPpa 'th2t one (3), arairnal may occupy ~ic- esBa of tino R-oy°s property wt3ich Is vi±tht~ 'fifty (50) fee, oi a5u~~pan af, Kr. jack W. lb►annlnq°t3 resid~~c-z wi~~~~ violaUna c.hs aoriLng Oir°dinanceoTnro c~ m-are ahintu-I s fco-vas or hcress) uagng the are-a •Yh.in fi-fty (50) _~~et the Manning's r$sidaflce •~aculd c~nstas•e~~~ a violatio-n og Sectlon 18, Subsscti*a 3,, -of tiw 3S56 Sp?-Cana_ Cor:ney UnIr~g Orc~nance a.*3d Sect3o-i 4.04s 030 noi the pgssesa Ord-inanceo Findings: 1) It is the €inding ogFthe Zoning A,~~ustcir from' the tes~~~~~ ~~~n that, one animal foe bu4c~erinq Aurposea was cong.#.nuously mair~tain.ac~ ~y Mr. and. airs. Ao Gus I>ow - d on pza~~~~ locateld st East 8706 Miss4on Av6~ae (I~gal Dascriptfmo 5, Flock 2, of Hutclainsonsi3 RddiUs~~)fi-om 1946 to 19 64. In 19 , Nathan Roy pur^hased the prmp3rty r~e 2cebed a~~~~ ~oni Mrs o Dowd, and, haii be-en using ~ ~e-~dstkag ~-enced area tb ttie rea~ ~i the ~opmy for the ~aintairning of three (3), horsas. 2} 'Qaa 1953, Spokane Coasnty. adopied a ne~~~ Zon#ng Orci~~~~~e (RevoluttQn #53a199) w&Acii stipulates; ~i-opar2y mf w~~ever size t~~~ ~~~owinq, uses ~e penzrAttedQ except-that. any bui1~~~~ housing awimal; or fova1 an~, any yard sr runway shauAd ba mot les$ th.m 8Wirty°ILve (35) feee. fxstyi any dtwelUng other ,than the dv~Uing of L~ owasto" Sectfoix. 4 mf the AGRICU~TURAL ZONF~ ~ SLibseeLicrt 3 aaz the Spokbne Co~nty Zs~~~~ ~~amc.3 Naie:' The _35 #ooL .distance sf,~s~.~action was Incae-zsed 2o -SO Piet sra 1956 iocy Resolution #56-479. 3) .alm, in 1953b ~~ck W. rJiaiming complbteQ a r!ew residenWe- a$ Nweh 1422 Swy~t Road; ~ocrted app~o;amately.twenty (-24) f~~~ south rsf the soLith gtoperty° Lne of 'LloL 5 0Block 2, of Hutchtason°a Ado~~~n t, With the ermct1on of the MaaaninQ vre sid.encs ~ the, Dowd' s orae s ~eer main~~ed on , (aCU8C0Wc 2o `i►he 'Martni-inCjIG Y:torth~DY8perty the r38P►"'part 9f thC~~ prgpBT$y Iina) catssed the use soutPferly fifte.an,(15) teet -of_Vie Dogad p~opePty to become "Fion-co~orming" t~ ~ct~~*~n 4 rSuh~~cldon 3 c Df ylha A ~..Lw1bara3 Zmne (1953)a The s!7muther?~ ~~~ea'(15) non-corafonrinQ feet o: i:~e -DoW-d . car4y ~~~s i~eased tio fk~~ ~~,Arherly thirty (30) ~.:~•-~~-~f~~~,ng z~± g~op th-c-4 ? ~ 506 Zaning or&~-anca 11asAlullan c,~~~~ ~ove. ,~~✓~~LSe~ v ~ r. ~ ~ ~ RafIEW oF ADMINI5~~~ ~~~~~ATION - RAD-z -1-~~ ~~ont-da a EvLdence Pr$~~~ed at_the- ZQ.r.#.nc~ ~~~~tcr Biea~~~ (~ctob-~,,g 1S3 1965) was defirite that ozly ona (1) ar~mal, ~amc-ly a stbe$ fa,~ bubcheldnc~ purpQSes, vd~~ ~ept by Mro and MLrso I?owd, on their pa oparty coait.Inuously ~T~m '1956 to -1964a, with possible Qxc~~tion of o~a oir tvvo yaa:°s vahxn vhelw~ ~~~~~~or, Mx. V. W, HArbec`f, East 8712 MA's-sban Aven~e, pastuardd his sooc:c 0-vi th8ir.property,. It is o ttierefore, the det:errrdnd*lo3 61 t~~ ~oning Adju~tor that tt~~ ~ag~l ncn-cgnforaas~g u~~ ~~-tlze Ss~th 30a~hUty) feeet of the Rol pr~pez~y be limitei to one (I) animaf , eitheg, hQrce, cowa -or _stear, and $hat the cmnftrting of mom. thw- opre cu+.~~~~ ~~~~in auch south tt~;:ty ti30) fe~~ he disc.ontinued -at oncev "a"he fofi1►owfaag diitas have been used by the Zoxuling Adjuszrx ia maI-Ong Ws detE3rmin8tiJXa It1 thia CasQ: NIrDand ivIrn» K. Giis Dowd ProFany: 1. Z,.-aL 5, Block Z,, HtacMnson°s Adda- D90 *-Iitt572365 A P earchase--d by the Dow&o Mate: 7ian'o 16, 1943 Bk 5OIo P 625 S~okaw- CoLsht-y Audito+r, Recordso 2, Dirte` bam conntruc3ed Pa-icg to 1951 Spo's:e3:3e lro'.Yn"~ ,AsSe6Sor_°s RaGcrds o 3. Date garage consgruccted, 1946 - 5pokaa3v C~unty, ASSe9Srr. 'W RGCO's,dSm 4, Date Dowdas r~~~de-nca constract~ o.ra- Jana 30, 1953 N 1/2 of L0t=5„ Rlock 2„ Hu~chinsoA°s Bldg. Perrnit 41-JA 5_627 Additiono Spoka..*~~ Bui-lding Codes'Reccrdso 5 . Date Dowd's first, put an aAimal,an ra~ ~out 19 46. gf .'~fS1L 5., Blflt;k Z n flut~`o Mit S®rn' $ Add o 6_0 Da,te Dowdns fenced tI~ :~~uth propexty li~~ ~f Lct 5,, Bflock 2 0 1~~~~~~on's Add o Thhe p&-Uculax dat~ ~o wher the south 3ft-is m-f Lar 5; 8~ock 2 of Haatchinson°s 1~&tlan vti3as fisneed Ats-g~i.lez~~~~ ~s not cl.-s-ar, howeverG the Zonfing AdjusZ~:.~ is coza~~~C-ad 24-iat a ~e-sic:~ was ~ ? - o -si t. d r : 'VMW AQW'M-S7`RATAVE ,1~ET _ ~~i~~1~'~~OdV. ~ ~AD`-'~"A°S'S ~~'~'=~1~., ~ . . _ - s _y - Ja1~ E-w-ds3tenF7~ ~(~=3icq% 1951 UZ)JJg AC3li SMS t.9A r c::3 Of Lu'A S.r SVet!=ck i "_?4 Hutt°rhinS:n".<Ti t`:dc:Wm, lst'N~r.'~,rE3n the c.~'~a-iil-tsh£'C~ bq-!~~rz1 &rt,Ci the 1bre saAd lot. TMs fognc-t3g, ks ~fty k50a ~e-st ~w mv~ lynm tbe- dY6~~iii-A'~~s meidCflAr%6sa &7,rG.3 As i11t ab ~ ~ime c Tes t:_many. ~eei3vod concerai-ang Che fen~~~~ of th~e j3o•ml p!r~~-r-ty c~~~~~y nqTth ~ the Mam~dng m-s3doncs As In cmaffict andF ca~d have beera e~e.-Taal ~~~ere betva~an ths Ye 1946 tu 19 58 0 ~~w AdJc~~tor g~ ~~hear sailsfied 5h?~ the eirecUQn cA f~-9 M~dr-91,~ ~ ~ence Ln 195OO the antire sou~~ ~ine ~ Lst 53 Blmk 2,, ~~~ching~~~s Adr~~orn was fem,~~d,, ~~e Nathan ~3y pura;.haased Pmp:yO 1964 tNo- Daed f0od O, W. and jack_ ~ , W~WncL~-P~pperx L..~ St, BIo~e 2, Ac~c~~~o~ I~a~. •~r2~?~~~9 8 mwLi-'~~~~~ by t-he MamlibLgSC DaOinc S'~~t, 20j, M~.'~~,? 'Et 6 07, P S wq Spok"m CvL~m~qr ~'e~~ S ~ 20 Du~~ ~~~g rc-~,ldevm-o ~~~s-igaty-20„ 19-151' I~ 1/2 ~t 6,. B~.~k. 2.,, Huzc~~? sc~ ' s a~.c~g ' &~~m~.t A-5678 AddW:qn. ~,W'~~s 3a 3~te Manftinqs_ ~nnw~sUN&ed brA..~d 19S8. feif~~~"id5$ al-mang 0-113WQst C-6 Crte ainrt-h 6, 81,-f)ck 2r, ~~~bki= ~i'i~~'~ c~'► ~3 ~ Dete.Anat~~n madg Masch 16, 1966, pubAic.?~&-vimq a~ ~c~-(,c~bsfd 18 , 19655 6 Cy(,~ ~AlE'~l~A;~ ra ~ ~+t Lw A l L' y~r . a 1.47 a 1~ t' ( ,.,~t~= ~ ~11► • .~,t~ ~ ~ ! ~ 4 _ _ .$t_-~ ~ v ~ ~ ~ _ • - ~ ~ -`-a- - - - - - ~ i~-~ c t ~ ~ ~°r1~"'`~ y - ~~C~ ~i,~•.~' l~ S~d ~ ~ .3► i~ 1 ~ - - - - N r ~ =a► y _ ' ~ . - _ - - - - - - - ~ i~ ~ r~6q- ►~t~ ~c ~ - - ~ ~ , OK 4 C. 7 r s" 2,1 4SX5,pr - / .S q ~s. 1 I b ZJ c d 4 ' 6 6 L k z o~ lJ+..~~ A.44~ 1 ~ u.~►~ ~ u ~ -~,u,:.~ ~ ~ ~ ~ t ~r.,~c.i ~ o~ 7~ ~ Z ~I `t5`3 - , ~ al.4c. t, AeU ~ - . _ _ _ _ _ _ _ _ _ . ' _ • _ _i ~.._-.~?'_`_-"'_l~ti ,--;t'^-a:~v..-~n~-~..~.~C~~~ _ ` - ~ eiV _ - -t ' y~• ~ - J - - ° ~ . 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I , Cx i ~ i , ' ' ~ . ~ i,-- ' _ ~ . o'lRrl ~ack ~N . dKanit~ng dV: 4224$-argant a!Q'oq4- ~'pokane 6z,~avbington25 Octob6r 1965, Spokane _Gounty Planning Board Si;okans, 1-,*n. Lxa~r ~ir , 3el,ieveing that the aperiing =statement thst Mrs . Dowd me'de a't the wle.xning Board hearihg,, on I~ozaday, OCto: e.r 18, 1965 wag incarrect wben she sEi,d-. 'Uhat she hac3 lived here gita.ce 1943, 1 went, ta the Cocirt Hause the foll,otring day,- to do some check3.ng. For- soine months during the L'erwhile -my hus'cant1 14as out of th6 CoLUitry, I remained at our hoiue at 8703 E. Sinto and I knew that there wexe no hausee:on the tr3ct to -the U~,8 st of ;s aiad i:hat lir9. DQmd'had no lu leen in the neighbor-hood c? ur,ir.& -j'_ 'bha U'ar Year of 1943• Ihr. Jack Ferr-anti vjho owndc1 the ten acre,s an 'the ?.re st side. of Sargent Road etween Sintc► and Mission rold the lowem five acrea to the Bae- aetta ComtrACtors during -or immQ~ia~te1y ef-L•er the Wdt. Accarding- to the Assessor's Uri ce at the Coii"r"t House:, the Dot-d bou~se at N. 1513 Sargent Road, Lega]. -Desc. id. 70 ft. of -Lhe S. '215 -ft., -of' Lts. 1 ard '2, Blk. 3 I3atchinson -Wition wav .put on the tax ro11-e in 1946. Kra. Dmid -ws~ not hey e as,-ahe eta-ted in 1909 Thd Deed fdr the Datrd F~ropasty at 8706, Ilission, I-Pegal descriptioa, Lot 5., Block- 2., Hutchinson Adclition wras 3'eCOTd`ed Jeinfi2aTy 20 ~ 1943, Deed Book 501, pRge o25e Ths tax ro11s in -the Treasurer's Office sbour -that in 1954 the tax on the DQwd property 4bt t: ;is saane .udarees, •Y db(r..r 'lack eW . 'Aanning dV. j4u aargant-- dPoad apok9w6 6i;~Lf./asbington wa s as f oll otrs . 1954 448076 i,Fitb ari A. V. $370.00 1955 0144•23 A.V. 33,030v00 ~ They Ull me that "this 'aould ind.fc&te that the house- t-ras constructed. d-urir.g 1951+;. N.r s..D otiid did not Bppear to be accur-ate iaa her date a. ~ .1fe 'hauQ received a call that some one tlho tras in the~ neighborhood :Iiving at 1503 11. Sargent .Rd.,Is l3,:ke3y to haVe some photograFbs ard Is st this tins 1'ooking for, them !we a-sk if k~e may ha~e time ta re aeit►e them. Thank-i.ng you f-or your kindness and cansidera•L•ion., I am Your a most sincerely, , / ~ , - ~ • . G ~ ~ y ~ • ~ . L - ~ ~ . _ _ - - - - ~ . ~ - . ~ w l • . . , . ~ E w ~ . , . ,~Ob ~ , . . , 80t0'N . a `~q~` 3 .a ;d. 8 r 1 w _ . ~ ! • ~ - AW~ ~ ~ ~ - . , _ - " u ~ ~ ~~~G~~~ ~ _ ~ • ' • t-" - - • ' ~ . ~ 1 J Jc-e ' - I ~ . _ . - . _ ,..r- ~ ` 4C ~ , . ~ . • 1-4 ~ /~Ir~~ ~ • r- ~ _ ,r~~-~ ~ - • ' 1~ . ~ - . . , • ~L~ • ' r ~ Ir ` ' ~ ~ tt r~ ~ 1.~N~rTLSp V~./~.~OD~ -~.iD~ J~ lJ~)• ZOitiING r.D' V CTOi` F<EVIE~';~ OF 1?MII~dT~~..,t~~t~ -;Tos.~ lo RAD -E-!- 65 . Lx<<,.Jon o# ~~ru':*In:3 Z71,1 Jn i4I.s Z011ll1$ P.diUszOI' DeCis:.0i2: Tc1y3Ti Lti'al-62' a:'t'i3GTi.G'ilZ, U11i:ii bn? eSl duStHd. A. Genoral Prc3visf oi1s; 1. Locctiotl: S3Ct'.oIl 18o TO~'r11Si Ai? 25 tNT .t, 7.:'.R~Q Lot 5 p AIot'~i1.= 2oti.. ?'~i`_~1:~ ; 1.:~~11 } i s~.'~L 2. A,gpUcant: R1aihe-n Rfly rast 870u W.~iEion (".ve. us Spokane, iVashi.ngton 3. Sfie Siza: Appi•o:drnataly 38a C00 sc•uara )':.-;Dt 4. E:d6ting Zoning: AgriCulturai S. A.d:dni.strat.£vs Date:;nina-6fcn was ma~'~e by i'-i e Admf.n#strator ota Augl.zet. 17, 1955 as followc: Propti:: f located at Eas: 8 706~Ai3: ion AvonLa i$ in the :i0i c ;~1 -*6=17 a-I Zon3 cvr.tch permiit3 tho koepinq o` I»sa3 ~,a i;hZ), ?ro.p;r:y. Buildings housi:tg thQ hci sa s` or ~~ard::, or runways are tc, be Zo:,.atacl fify (50) f2at roin any recci 3ence ctN ar tlzaiit:~ residcoace Of th3 Qw'slti.'T (S0Ci{QA 4. 04 .030 of tha Spok.&n.o CounLy Zonlnq ardlnar~ Ya w far_ ~Ang pres ear.i:ly lnstai3ed to co~.r.e thcoa anima.Is r:uot be 1wetzd Gn-d ~ mair_taf.r.ed fi~.`ty (SU) feet frari t.:'~e ras;d;nce eE North 3,-,?2 Sarg9i?#: Pr>ad no *_h. Sapterah--r 15~ 1965 . I . r-- ~ ~ r ~=--a• , ~ : fbTe me this . swoTr' t~ b 1965. SUUS crib daY of avs-~ in -c,po~' Pu1~te o£ W ash Notary St county I October 142 1965 To whom it may concern: We have known Jack and Alice Manning as neighbors from about November 1956 through Ju].y 1963- Our residence Was then at E. 8616 Sinto about one block dis tance. We occasioned to visit the Manninga frequentlq having similar interests in gardening and other hobbies. We also drove by thefr home several times each day on our Way to or from our home. To the best of our knowledges xe do not recall seeing ary fence existing on the Mannings no rth property line or on the sonth propertp line of the Mannings neighbors to the north. This property line Kas while We lived in this neighborhood, an open, non fenced area that had an irrigation ditch ranning east and west along it to water the garden of the Mannings neighbors to the north and did not have a fence or boundary barrier of any kind on it as far as xe can remember, ~ Pobert Roy Rudebaugh . ~t' . r Frances Mae Rudebaugh ' Route l, box 18 A rline Mile Falls, Washington 99026 Subscribed and sworn to before me this 15th day of October 1965. ~ - - - - - ; --Rotary Pu arul or the ~tat of Washington, residing at Spokane . - Stzte of Wzshit,bcon ) ss , County of Spokane ) Guy & Teresz Cappuccio being first duly s,.aorn on oath deposes and szys: Jack iianriir.F farriily siTlce tney came te the V:= ; _ , _ r' . { - , _ ci . , ` r' , . . _ r _ ,.F f 1- ' • - ~J . . _ l • : ? l ~ . • _ • , . j ' . . . • ^ G ; - f- u ccio t lrls' Mxy<< - eresz z p ccio Subscribed and sworn to before me this $th day of October,l9 . ~ 4,,•~~ o zr u ic in Onl for the Stzte of wzsh, re ing at ~ Spokzne . A` SCO`O`. S NN~~G ~~P r ' ,D!~ '1 ~ ` • ~ v r - , ✓ ~ ✓ ~ . oo, , i , ~ ~~u~ Z - • s~ ' , . . _ • ?7 Subscribed and sworn to before me this 13th day of October 1965 ~ R ~ E Laurel B. Brown Notary Public in and for the ~ !a State of 1r'ashington residing at r 1_ Spokane SPOKANE CGUNYY PLANNIt,IG OrMWSSlON - - . ' . . ' , • • - . , . - ' - _ ^ Q ~ • ' . . ' _ . _ . . , . , ' : , • , ' - , - Uf^ • ' . _ . : , . . : _ . . ~ i I , , , • F" erty many ti.;nP S a week dur• ~'1 iere never was a fence :~tween the two Froj:erties unt;.^ '1annings Fut ul the ir T-re sent red fence. An or.en d itch ro;_erty. It was- l:r. Dowds custom to irri gate his Farden frc ~,hat c'itch, using open rills. I have seen rir. Dowd and the N.Pn-n; 1 ^ + r ^ ~ -n ~ , t - ~ Lfi- - r~~G ,urinr' t , ~ ~ , j ~ . / / / I r i . - - - ~ . ~ . - - • M . , ; • ~3 . STATE 0F Wh5H iNGTOi;) 1',FF I D,~V IT P~NNING ~nM~~ISSION I County of Spokar,e . (supporting Adm:n,strative Determination of r',ugust l-i, 1c"65, regarding premises at c-ast 8706 Mission Avenue, Spokane, washington, vrh i ch requ i r-es tha-L new fenc i ng to conf i ne animals must be loeated and maintaiiied FIFTY (:-)0) FEET f rati the res ; dence at N0, th 1422 Sargent ;;oad, 5pokane, ti,lash i ngton Jf;CK W. t-1ANNI!JG and f1L I C IJ', MAI'1tJ II'IG, husband and w i fe, each, anci both, being fir'st duly sworn, on oath, deposes and says:- That the facts, iand history, regarding the said adjoin ng premises at sa; d East 870o' M i ss : on {{venue, Spokane, Jash i ngton, and sa: d iJor-th 1422 Sargent ;;oad, Spo};ane, Washington, are as follows:- That these affiants are husband and wife, res:ding on the sa;d premises at said North 1422 Sargent ,;oad, Spokane, 'aiashington; that this aff;davit is made and exccuted in sup;,ort of the Rdministrative Determination by the Zoning Adm;nistrator on August 17, 1;-6,5, and which required that, new fencing, presently being installed, on the premises at said premises at East S706 Mission Avenue, Spokane, Washington, -(as required by Spokane County Zoning Ordinance, Sect:on 4.04.030)- to confine animals, nust be located and maintained FIFTY (>J) FELc-T f rom thc res i dence (of thesc a-15f i ants) at irorth 1422 Sargent ;oad; We carne to the Valley in buying our present acreage froni the Hutcfiinson Addition Ivlater Board. For many years we lived at 3703 E. Sinto, bu i 1 d i ng our present hornc on the 3Vorth hai f of our 1 and at P;orth 1422 Sargent ;;oad in 1S53. About 1040 we planted a row of Locust trees along the iJorth boundry of our property between us and what later became the Dowd property. Ji th an open ditch, these trees were the ooly barrier between us and the Gus Dowd s until wc e rected ou r board fencc i : - + Un t i l 1554 when 1 4 r . Gowd bu i 1 t h i s hou se at 6700' E. Mi ss i on there vvas no house or an imal s on the property to the Tdorth of us. '4hen the Dowds moved into the ;r new house, they, 1 ike the rest of us, i n those days, had ati extensive garden which was planted to trucl: garden and came all the way bacK to our property line. Mr. Dowd watered his garden using the open ditch system aiid r i 1 1 s. Ue of ten passed the t ime of day tivi th Mr. Dotivd stand i ng under our trees while he was irrigating his land. Thinking that the edge of our property was not espec;ally neat or attrac- tive, in 1958 we decided to erect a simple board fence, which seemed to please F1r. Dowd also. About this time he decided to cut dot•in on the size of his garden, so he put the back half of his property into clover. After talking it over with us he decided to purcha5e a small calf to fatten on the clover and we f elt that i twou 1 d not bother us at al 1. Fron th;;n on hc ra i sed a cal f about every other year. He did not have one the year he died and Mrs. Dov►d kindly consented fio leL us store some used •Ham ;"%adio~- cear in her barn. The f;nal year that Mrs. Dowd was i n he' house, she aga in rea; sed a cal f and asked us to remove our th i ngs f ror,~ her barn, wh i ch we d i d. ',!e bel ; ve that vhen she mcved , 14r. Herbcrt took possess i or of her cai f . At no time :vas there ever a fence between our two properties until we crected our present fence. Mr. Dowd furni.shed us with some lumber for which we paid him $40.00 and part of that iumber tqent into our fence. Dur;ng the past seven years it has been given two coats of redwood stain. In May of this year we consulted the Spokane County Planning Board concern- i ng the three, 1 ater ; ncreased to four, horses wh i ch the i oy farn i 1 y bruught i n. (l) ~ One small calf did not bother us, but we find four hocses mast objectianabie. The Rny barn and stable yard are against our fen+ce and very► close to our back pat fo. Due to f 1 i es and smel 1 we were not ab1 e to use our Pat ioor back yard this past surrmer. When we spoke to Mrs. Roy of this problem, her reply was 'So what?'' The exi t tv the street that the Rvys use fvr the i r harsesis along s i de our fence and next to our fr4nt dr i veway and al 1horse grvam { ng i ncludi ng horse shoe ing i s done i nfull v iew of ou r 1 i v i ng rvcxm windotv. Any one arr wvi ng or leav i ng our house must do i t through an aroma of horse. Perhaps the fact th~~ ~~e Roy house is s i tuated an M iss ion, x s so far frvm the i r barn yard, they dv not real ize how Qbjectionable ~It is for us. We feel that i'T' they were to camply wi th the 1aw wh ich weni: i nto effect i n1953 , and rnvued the ir barn yard and horses back the proper distance f'rorn oun couse, it would be better for and us and they could stk 1 1 enjoy the i r habby. As it i s aur prnperty ; sbeing depreciated and ou r yarci rnade use less ta us. Dated at Spokane, Wash ingtvn, th i s 14th day of Qctober, , 1965. , d ' ~ ~ ~ ~ , , --±--r-:r-w-riwrr wr-r---wi-~. J ck, W Mann i ng - husband A] i c i aManni n~ - wi fe , Subscri bed and sworn to befrore me thi s i 4th day flf Octvber, 1965, ~ ) (NOfi~ ~Af~Y'SEAL Frablc' J. g adc- atary, SpoE;anee Wash i ngton ~ ; . . . JACK W. vr ALlGE H. MANlYIiMiG 577 P xANS, wAS PAY T~ Hy r ~ • . , 2. -:Dc~ LLARS SPo spi rON . iauxwwariwou - . . _ 1c.'. ljF lts SaIO[V'-?E ~n UNZi. 'lOV:ILT HVU«?'- SPa~A?Cz- c0utirrY loVING ADJcrStrOR FA Fixt. 2'.?-0 ~ 02-21 ~'_j('~ t1~~~1~};'~T'!"Ti`T • ~j!~~'r "'1t~t!~ 1Jl :Y.. ~..v:4_.. .ii(i[S.• `.1' .•'J:_:}..v nv~ ►r.F,<<rra~, t _ ^w ,,ti ~t_~ . 1 ~ , . ; , I•,~r,., . ~:y , 4 . / ` ^ ; ; . , , . i~t.'s... • 4\. . ~ ~ l. '4 ~ . r .1. I i . • r = _y RCJCm, CCMt,y CaUY't :bUts~ P. L'VD:k4 C: 'A ih`i N t ' 3' 7 L:n i j "rL "r~ t'r ~U 171 : A T 70 i t ~ RhD..~E..! -65,. LoQatis,n of P4, We to Crnf ine An _igg s Iaomtiot3: Sectior, 18, Toxnahip 2j N., i~ J t1 4 • . LOt 50 B1.OCk Z, Ht,tt.Chin4C7t 1;3 b. Anpl.I .:a.nlk.' 43thexi ROy l:xat 8706 MiesS.on Asre^a^ 3nflkane, Washington c. 5i.te Si2e: Approximately 3$9000 aq.sarl- 3. ExistirtZ Zoning: hgriaultu.ra1 e l A&inistrative Ilbterntirtation vas made by the "an ing 1~61t...< <-14t t0-v- cr►. Angv.et 17. 1965 as tollove: Prcyperty lacated at Eas-t 3?06 %b.ssiuX ia in the Agi•icsultural Zune which all.ow-s the ke5ping ot harse-o on propertyr Buildf.ngs houeing t.he horeesv or yazds, ar mmiqt a.-e t_.• ba lacAtcxl ti.t`ty (50)feet from atW rosidence other tl= r.~he rosic:f- - of the owner C^ection 4.04.030 or t.he s~okane county zaniM crdi.nnz ;%v f6ncing presently being installod to cor.fine thase anima] g:,, . r~ be lnoated arc~ maintained f'ittp (50) te4t Srom the x•ea3.d~~►:°z. Mtl s~1 ~~d NY~ ' ► f sM 4 ~ , G I i . .r I ~i ; `i ~l NTG AY6 ~ ~ ORT H - . ^..,.>.::5 ef Xi.iLP;~....i l ' . . l ~ ~ 'j F ~ . ~ . r~ _ i ~C..t7D ~ AV e- : _ . . _ . . - . L NOTICE OF APPEAL To: BOARD OF ADJUSTMENT OF SPOKANE COUNTY, WASHINGTON NOTICE IS HEREBY GIVEN that Mr. Nathan Roy, through his attorneys, Murphy & Merryman, 660 Lincoln Building, Spokane, Wash- ington, does hereby appeal to the Board of Adjustment from that certain order, requirement, decision and determination of Mr. Marion B. Hess, Zoning Administrator, dated August 17, 1965, a copy of which is attached hereto, marked Exhibit "A", and by this reference thereto made a part hereof. Appellant, Mr. Nathan Roy, alleges error in the said order, requirement, decision and determination made by Mr. Marion Hess, Zon- ing Administrator, in the administration and enforcement of zoning pro- visions of Spokane County, Washington. DATED this 26th day of August, 1965. NATHAN ROY BY: of the Law Firm of Murphy &Merryman 660 Lincoln Building Spokane, Washington 99201 RE:CLrIVED AUG 2 6 )905 SPOKANE COUNTY PLANNING COMMISSION , 1 S 1 ' ~ 1 ~ l ~ 9 . 1 1 towa ~4,F$6 ~A416 00 Its ;~1► ~s a~'~ ~ 1 ~ ~~s t~[ ~ ~ ~~,i. ~ ,~,~r~►~ ~ , ~ t~ ~ ~orrirt t°' ~So3 061 ~ VS. ~ ~ ~ ~ ~ y~,~,,,,E ,~,,,e~ v~ ~ tt vaa o~'~ ~r ~ ~,o„~'• t.~ OAOW ~ ~ ~ iioo ~ t ~ ~ 1~y ~ 9r ~ 660 ti~- ♦ ~-11,11-we 17. IM iait 07" iAlas~oQ kVOIIUw spo~r~, w Dow W. ftv Ow aRAM bas bow wtitm ct m odsfteg soow v~at~a~ oo YM PrOPW131 at &rR 0706 ~adoe ao, io maw as 'oCal= td abacm voeta~ 6fte alm to ym W~ md&wo +et Ucrcth 145: sor"a P464. , ~ ToMt popOMP Is Unaud In 00 2=0 1 didd, h a0 iss the keepwp oE houa an p~p11 1 vi OW atIM ho, Ymdldl-tqs bougue #ie 3otms, ac aw inds ar ~rr an Io be Zorosed my (54) !sm fta any tbas YOW o~ n~ IfteUM 4. a!*03i3, Sp~okinre CauntY Zvtm ~dt~ewvsr• p~iMe~Y ~~~1l~ we WAA 4"si yiNR IA► bwe tm no 0 tonefte you an to bt looded aad !ifty 450) l" &M t1r* -Ad~reMa# Rau 14n , swo" Raw so ladtw tbm ~n , 1945 . our VAt arake aa l~sp~c#~va -,ot dw badkq siontp -9 o~rt1b., thls des. ~ lleasr ftd be@ ta cdl awomm't it you bwo oqr cu I ~ MAltt= MSS 1~r~x~e~wr . •a tmcs , Wwrpft ~ JAMIsaIa 6" 1-#ncvin Bldg. (M*as W. M*ryvw4 - , • , SPOK' COUNTY PLANr1IAtG COMM' _'ION INQUIRY SHEET . ~ . D~. c~ No.. NAME: o~ ! ADDREss: E~ NATURE OF REQUEST OR COMPLAINT: - - ` C~Q - INFORMATION GIVEN BY: ADDRESS: PHONE; ~ - - - - - - - - - - _ _ - - - - - - - - - - - - - - - - - • LEGAL DESCRIPTION: SEC. j~ TWP. RANGE 47 - i1,6 . Zone in which property is loc3ated: Date Effective: •~~*7' Provision of Zoning Ordinance applic e: 4• v4. tJ 30 Non-Confornainq Use ? INVESTIGATED BY: a• 0-ss DATE: 7 -~-G1' Letter Sent: r N date) Ckt" Z: l S' Ctril &tAA REMARKS: h'bX LO ~ , ~ , ~ 4 - , , ~ ~ . • ' ~ L. I~ ~ ~ Y ~ PI ~ M d~Nyi , ~ " ~ ~ ► ~ ` i / s Q Y ~ ' ~ K x ~ i 1 + ~ F r j ~ fii~ ~ i r~ '4f' %r si 1~b a, 1-40 l Lfj&?RY0AA/ e4ttYAC T o dF~~ef- TD Ar0PX*cnm OVIsIdnl' oF c2rl+to2 ForLow-up BYt , nATE: REMARKS: t~- l~~~ d I`~R 14~k9r 1YqN C.4_01(- I'l) 0eftclf 71) #rJt.AUS C-JAIO2JNrrs,~' Te 46*x c swr Vt+t,,O UWAs"IJ Ta 4y s 'M #L9 ck { . ~IIY~'llJKs.e setLul. (~W k"s. r "yr 3/1 T P~ . 4JA G!o 013 GFf Lo~ L`-0' /V. ~ 1SfdVJlfr 1~fLN~ Y_ •~Lo c.~ 54jn 1v 64 4tl~ 6 t~kT f° 3 t,.~ e,cb ~-s w V,., s~ • e.r a..h + t~.~ FOLLOW-UP gY: ` DATE: REMARKS: ~ FOLLOW-UP BY: DATE: REMARKS: ' rosM GSe PLrs. eor,a. 41e! 1 1~ - - - ' ~ x~r "'~1! ~ ~ ~ ~ ~ ♦ ~ ~ 51~P U,5k) ~45 3 ~ t - 1 ~ , - ~ • ~r ♦ / ~Sg~~Sar'S ZG , • - . ~ • 157 p a ~ - 1 r ~ )•sS 2 1~ , ~ , ~s S~ Zt) / 4, Gtl 7 A``` \Rlt Y GJA$ 'V,, . A SPOKI ' COUNTY PLANNING COMM' 'TON INQUIRY SHEET DATE: CASE NO. : , . NAME: ADDRE SS: - ~ NATU RE OF RE Q UE ST O R C O MP LAI NT : ('I \,I e~. 14 U r~ C 'v, r Se ~J ` . 1 ' + ~ „ , • ` . ~ Y -t ~ G v' ~ ~ `i h ''"1, GL ' ~ ~n . ;J~ ~ 'e S c) . t INFORMATION GIVEN BY: 6 I e 1'~ ADDRESS: hI , 1`~ ► 1 'U ~ PHONE: - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - • LEGAL DESCRIPTION: SEC, TWP. RANGE Zone in which property is located: Date Effective: Provision of Zoning Ordinance applicable: Non-Conforming Use ? INVESTIGATED BY: DATE: Letter Sent: (date) RE MARKS: FOLLOW-LjP BY: DATE: RE MARKS: FOLLOW-UP BY: DATE: I RE MARKS: FOLLOW-UP BY: DATE: RE MARKS: , ' I / O R M 855 P L N G. C 0 M N. l/ 6 5 J SPOKANE COUNTY PLANNING COMMxSSION COUN7'Y COURT HOUSr SFOKI-.NE . ""P LTGA;-1ON : . R oPcm' OV4'~,~,ERS I.~-01KED Ll P .C E.ND AS IUiAX LE D 3Y- DA Y E, , . . i...,....~..~ .J.~.-'-..r.w..._ _c_.:.___.... ~wro . . NAIviE ADDRE SS LEGAL DESCRIF'"i'7'<7ItiI OF PROPFRTY ~ . L;kel _ . , . 1 • ~ ~ . . _ . ~ a.. L. _ _ . . . . _.._...b _w - . ~ ~ Al'a ~ ~ , G • g D.s-o / ~ . ~ ~ - ~ o 4/ N-7 ' ~ ~ , • - _ . _ _ _ : . _..~...-s.. . . _ _ _ . _ . . . . .r ' " ' ' ' , . ( . e 4 ! w x ~ ~ . . / _ _ . . .~.....a..~.-:.~..~~ _ . . - •Y - - ~ ; rY..._. . . ~ . , ~ .a.rw- . ~ .~~..~.a_~ .-~....»..~.a. ~ . .s. ~ r ~ , ~ oIQ . ~ • 0~` . ~ . . ~ ~ _ ~ ,~A.~. . • ~ _ _ _ ~ f 2 - i - ~ ~J ~ ~ ~ , ' _ ~ ~ ~ _ . ~ _ . . _ OOO'l i ~ . - ~ t l' y . . . o _ . . _ . . _ . _ ~ _ ~ _ . _ . . . ~ . . - 4,~.._.~ .w , . . _ ~ _ . . . _ . . . ~ ; ~ , ~ . ~ ~ ~ r. ~ c .1- ~ - , . ~ _ . _ " _ ..._w . ~ . ~f/ - ~ ~ ~ • ~ ~ 9i~ o~ / ~ ~ c c ~ L./ ~ - _ ~ . .y ~ , ~ ~ .w Y YR a . . ~ir~ . . w. ~~r~MlJ - ~ . I + ~ N ~ ~ ~ra.y ~ , a~..~~~ ~~~~-~s-.~. ~ ~r 3 /d~ _ _ a 1 ~l~ _ ~ ~f~~ ~ .e__.____ , ~1_..~ ~ /~~-a~ _ _ . . . . . . ~ ; ~ ~~1 v.~__.____ ~ ~ ~ / ~ ~ _ ~ ~ ~ ~ ~ _ ~~._w___., . ~ . ~ . ~ _ _ _ ~ ~ ~ , _ . Y~~__ _ ._.._._..e. _ ~ ~ _ _ _ _ w.__..__.._..........~,._._.... t ~ I , ~ _ ~ _ ~ i _ _ I ~ . - .f S . __e„~_ _ _ 0 1 : ' ~ ~ i - - - r.. . . ~..~+,r,~~~..~~....~~... _....~.~~«..~.,e....~,.. v_ . s. ~ _ . s. _ . , . _ . . . . . . . _ . - - - ( ~ - r ~ „-.a _ . . . -+~►~....ti..~ - . ~.....t ~s......~ ....~.~-....,.wr..~.~....... - . . . . . . . ' . _ ' . . . . . ~ . . . - _ .y.. . . - ~ ~ 1 ~ i } _ 0 NOTICE 4F APPEAL To: BOARD OF ADJUSTNLENT QF SP4KANE COUNTY, WASHINGTON NOTYCE IS HEREBY GIV:EN tha.t Mr. Nathan Roy, through his attorneys, Murphy & Merryman, 660 .L.incoln Building, Spokane, Wash- ington, does hereby appeal to the Board of Adjuatment from that certain order, requirement, decisian and determination of Mr. Marion B. Hess, Zoning Administrator, dated August 17, 1965, a copy of which is attached hereto, marked Exhibit "A and by this reference thereto made a part hereof. AppelIant, Mr. Natllan Ray, alleges error in the aaid order, I requirement, decision and deternnination ma.de by Mr. Marion Hesa, Zon- ing Adxninistrator, in the administration and enfQrcement of zoning pro- vieions of Spokane County, VVashington. DATED this Zbth day of taugust, 1965. NATHAN ROY By: ~ of the Law Firm af Murphy B/Merryman 664 Lincoln Building Spokane, yVashingtun 99201 ~M- , r J ~ L~ Ici 5PUKAiIE C& „,vYY PLANNING r4MMlSSiON 4;' . `Yt ,"'..iPii ~ ~~LANnI+lC. (3MIr;IJ,.r~O'4 d~C,1'4'tir~ ~'i_~~'• 1~ '~.L~~f'~j ~~«4i~~. 4POV,t1ht it *AS1'1INGIOK 17t 1965 low ww• "I . 4)w #~~bdon MUSO 09 OR Odmang'~~ at S~ 6706 6USM&M rVOMO 'Cog Im'~ iceddon, ~ a hom coew m" to yew ~ ~r ~ 17►~fi ~r ~+4 • makdWac i ; ~s UVJAW IA tko bwmw i1n plvony at any d aft • ~ boom** ft. am yap" or rmmys am to be kw*W Uft (SO) i4st i~@kWMK* OtbW ap, yaw riiia ~~ome 04mum 4. 034 , comty ?'z~~~ mum). jU &Cftoo ym t~ be" tM XWw WKInQ YOU AM MM"dif i~~~~ ~~fifty gas! folm, 00 rew4w4co at weak 1422 low 1~ ~ 19 (4 . Ow allke vAU mate m thAS ~o ISO! f"w to 64U aur otA". If you have ::Sy "aUMs ~a mAWW. ~~OII itM zonM4 AmAtUxtft#o1' ioci : ~ ~y ~