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2011, 11-18 Permit: 11003681 Administrative ExceptionSpokane Valley ADMINISTRATIVE EXCEPTION APPLICATION SVMC 19.140 Community Development — Planning Division 11703 E Sprague Ave Suite B -3 • Spokane Valley WA 99206 509.720.5310 • Fax: 509.688.0037 • planning®spokanevalley.org STAFF USE ONLY / Date Submitted: (175 Zc Received by: Fee: .3f� • , ' PLUS #: 1 OD 3(0:1) File #: vzr PART I — REQUIRED MATERIAL * *THE APPLICATION WILL NOT BE ACCEPTED IF THE REQUIRED MATERIALS ARE NOT PROVIDED ** n Completed Application Form ❑ Application Fee ❑ Site Plan; Submit one (1) 8'/ inch by 11 inch copy with all of the following information: 1. All dimensions scaled (e.g.: 1 "= 50'). 2. North arrow 3. Show actual property boundaries and dimensions. 4. Label and show location of existing buildings /structures, septic tanks, drainfields, wells or other improvements showing dimensions and distance to property boundaries. 5. Label and show location of proposed buildings /structures (including exterior decks and balconies) showing dimensions and distance to property boundaries. PART II — APPLICATION INFORMATION LEGAL OWNER: K=1` tG.._ _} atq `s MAILING ADDRESS: ,' 7'k C AL ` CITY: l� �`t STATE: ct.l ZIP: �� CCfsl �_ ' PHONE: ZJ k'i FAX: CELL: ,...4.-le .D5 EMAIL: APPLICANT: 5Aciittl MAILING ADDRESS: CITY: STATE: ZIP: PHONE: FAX: CELL: EMAIL: Revised 03/4/10 Page 1 of 2 Spokane ��Va11ey TAX PARCEL NO.: `'l 5• 675 E ADMTNISRATIVE EXCEPTION APPLICATION ZONING DESIGNATION: � 3 ADDRESS OF PARCEL: N t -- ` . TYPE OF ADMINISTRATIVE EXCEPTION REQUESTED AND FASON FOR REQU T: OC' /� / / e h c *- a V 24 W (4 i v� 1-)-44X‘ ry 1a °A4t. Pia e !J k(I5a r5 4/" QH -C - 4ri6 R 1 rn t� csi C,i-XA514 CCS: - 1� . ry k ni- hey -} - by i 19.140.020 APPROVAL CRITERIA. Criteria for approval or denial of applications shall be established by the director if it is shown that: A. The administrative exception does not detract from the character and nature of the vicinity in which it is proposed; B. The administrative exception enhances or protects the character of the neighborhood or vicinity by protecting natural features, historic sites, open space, or other resources; C. The administrative exception does not interfere with or negatively impact the operations of existing land uses and all legally permitted uses within the zoning district it occupies; D. Granting the administrative exception does not constitute a threat to the public health, safety and welfare within the City. (Ord. 07 -015 § 4, 2007). 11 d HOW DOES YOUR REQUEST MEET THE CRITERIA? Revised 03/4/10 Page 2 of 4 Spokane Valleyp ADMINISRATIVE EXCEPTION APPLICATION PART III - AUTHORIZATION (Signature of legal owner or applicant) , (print name) swear or affirm that the above responses are made truthfully an to the best of my knowledge. (Signature) STATE OF WASHINGTON) NOTARY (For Part II above) G(0L (Da e) ss: COUNTY OF SPOKANE ) 1 SUBSCRIBED AND SWORN to before me this 1 day of I UOt1GWt -bPr , 20jL NOTARY SEAL DEANNA M GRIFFITH Notary Public State of Washington My Commission Expires July 26, 2013 • m4416- (74 4471sdo{ NOTARY SIGNATURE Notary Public in and for the State of Washington Residing at: 4() Ni J :R. / 100ICa ')e �l�'" �`.f ; W My appointment expires: % °aka- l6 LEGAL OWNER AUTHORIZATION: If the applicant is not the legal owner(s), the owner must provide the following acknowledgement; , owner of the above described property do hereby authorize regarding this application. to represent me and my interests in all matters Revised 03/4/10 Page 3 of 4 Spokane .0000Valley ADMINISRATIVE EXCEPTION APPLICATION PART IV- DETERMINATION The Community Development Director //approves / denies this "Administrative Exemption" as conditioned below, for the property described in Part�l „pursuant to SVMC 19.140. THIS ADMINISTRATIVE EXCEPTION IS SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL: 1) This administrative decision shall apply to the subject property indefinitely and may be transferred to future property owners, heirs or any successor in interest to the property subject to the conditions of approval contained herein. 2) The applicant and property owner shall comply with all requirements and regulations of the Zoning Code. 3) The applicant shall comply with all applicable development regulations and standards. 4) The applicant and property owner shall comply with the following additional conditions: This administrative exception is hereby approved this Z --day of /i ry. ��� „ , 20 // Approved by: Title: 42.2r c.�� Under SVMC 17.90, any person aggrieved by this administrative determination has the right to appeal this administrative decision to the City of Spokane Valley Hearing Examiner. An appeal must be filed by submitting the appropriate appeal application together with the required fee to the Department of Community Development Current Planning within fourteen (14) calendar days after the decision is issued. Upon receipt of a complete appeal application, a public hearing will be scheduled. For information or questions, please call the Planning Desk at (509) 688 -0197. Revised 03/4/10 Page 4 of 4 *Wane� 11707 E Sprague Ave Suite 106 • Spokane Valley WA 99206 509.921.1000 • Fax: 509.921.1008 • cityhall®spokanevalley.org Memorandum To: John Hohman, Community Development Director From: Martin Palaniuk, Planning Technician Date: November 22, 2011 Re: ADE -10 -11 The request: A request to reduce the required rear yard setback of 20 feet by the maximum allowed ten percent. Project Description: The project is a single - family residence situated on Lot 4 of SHP- 02 -09. The Lot is 8121 square feet in size with an emergency access turn- around taking up the northwest corner. The property is zoned R -3. Issue: Initial contact with planning staff led the builder to believe an 18 foot setback was possible. An excavator dug the foundation hole for a planned 18 foot rear yard setback. Re- digging the hole will add significant financial burden and delay on the applicant. Recommendation: Approve the request to reduce the required setback by the allowable 10 percent. SVMC 19.140.010 (C) allows a deviation of 10 percent or less of the required yard setback. Allowing the 10 percent exception will allow the applicant to use the existing excavation. Applicable Regulations: Chapter 19.140 Administrative Exceptions (Applicable Condition) Section 19.140.010 Purpose An administrative exception may be considered only for adjustments necessary to correct errors resulting from the inadvertent and unintentional placement of structures or incorrect identification of lot boundaries in the following circumstances: Section 19.140.010.C— Yard setback requirements where the deviation if for 10 percent or less of the required yard. Section 19.140.020 Approval Criteria Criteria for approval or denial of applications shall be established by the director if it is shown that: A. ...does not detract from the character and nature of the vicinity in which it is proposed; B. ...enhances or protects the character of the neighborhood or vicinity by protecting natural features, historic sites, open space, or other resources; C. ...does not interfere with or negatively impact the operations of existing land use and all legally permitted uses within the zoning district it occupies; D. ...does not constitute a threat to the public health, safety and welfare within the City. • AD- 10-11 Page 1 of 2 November 22, 2011 • Chapter 19.40 District Purpose and Supplemental Use Regulations — Residential zones Section 19.40.020 Residential Standards Table 19.40 -1 Rear Yard Setback is 20 feet to the residence in the R -3 zone. Appendix A — Yard: An open space, other than a court, on a lot, unoccupied and unobstructed from the ground upward. Appendix A — Rear yard: An area extending across the full width of the lot and lying between the lot rear line and that portion of a proposed or existing building or structure closest to the lot rear line or between the lot rear line and the required rear yard depth in each classification when no building or structure exists or is proposed. Chapter 17.80 Permit Processing Procedures Table (17.80 -1 Permit Type and Land Use Application) A building permit not subject to a SEPA is a Type I application that is considered administratively. Attachments: ADE -10 -11 Application Building permit site plan • AD- 10-11 Page 2 of 2 November 22, 2011