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VE-42-81 . , BEFORE THE ZONING ADJUSTOR OF SPOKANE COUNTY, WASHINGTON IN THE MATTER OF: APPLICANT: DONALD KREBS ) DECISION REQUEST: RELAXATION OF SETBACK REQUIREMENT FINDINGS OF FACT- COUNTY CODE: 4.11.090 (e) (4) ) CONCLUSIONS OF LAW FILE NUMBER: VE-42-81 PARCEL 12534-2301 DATE OF HEARING: MAY 13, 1981 DATE OF DECISION: MAY 20, 1981 DECISION The application is app roved. This dAcision will aIlow a structure to be set back • two (2) feet from the rear property line. INTRODUCTION This matter being the consideration by the Zoning Adjustor for Spokane County and pursuant to Chapter 4.25, Section 4.25.010, the Zoning Adjustor has the authority to hear and decide such matters coming before tiim. After con ducting a public hea ring to receive all public testimony and afte r re- viewing the public record, examining available information, and visiting the property and surrounding area, the Zoning Adjustor in accordance with Chapter 36.70.810 Revised Code of Washington and Section 4.25.030 of the zoninq ordin- ance hereby makes the following Fin dings of Fact and Conclusions of Law here- inbel.ow stated. The applicant, Donald Krebs, filed an application with the Planning De- partment on March 12, 1981 requesting a variance approval to locate a ware- house structure within two feet of the rear property line. The propert,y is located east of Spokane in Section 12, Township 25, Range 43. The matter was hea rd before the Zoninq Adjustor on May 13, 1981. Neithe r the applicant nor a representative was present to testify. The Zoning Adjustor placed the matter under advisement to de termine whether there is sufficient information to make a decision. Afte r site review and finding that the pro- perty was subject a a hearing by the Spokane County Hearing Examine r Committee on April 9, 1981, the Zoning Adjustor accepted the file as complete and a de- cision was rendered. . FINDINGS OF FACT I. The applicant is proposing to construct a storage warehouse building on a parcel of land 13,945 square feet in size. The building would be located two feet from the rear property line whereas the Spokane County Zoning Ordin- ance requires in this instance a 15 foot setback from the rear property line. II. From on-site review, it is found that adjacent properties to the south, east and west do not contain structures. The property to the south appears to be part of School Distirct 143 facilities. The site is surrounded by a six foot chain link fence. III. The property and surroun ding adjacent properties are zoned Restricted In dustrial. From review of Section 4.11.090 (e) of the zoning ordinance, there ar.e no si de yard requi rements except when abutting a residential zone. Rear yard setbacks of 15 feet are required by ordinance. However, all structures locating near property lines shall be in accordance with the Uniform Buildinq Code Section 301. ~ . ~ ~ ~ PAG E 2 VE-42-81 IV. The proposed use of the sub,iect property was approved by the Spokane County Hearing Examiner Committee on April 9, 1981. A copy of the Findings and Order Number ZE-21-80 has been included in the file VE-42-81. The action of the Committee contained conditions of approval. V. Revi ewing County Departments submi tted comments and recommendati ons whi ch are basically as the same for file ZE-21-80. Those recommendations were in- corporated as conditions of approval by the Committee. VI. * The onportunity was afforded at the hearing to any interested person to testi fy regarding the appl i cant's request. No one appeared nor any wri tten comments were recei ved in opposi tion. VII. Any Finding of Fact stated hereinabove which is deemed 'a Conclusion of Law stated hereinafter is adopted as the same. CONCLUSIONS OF LAW I. That the Zoning Adjustor of Spokane County has .jurisdiction over the issuance of a building permit for the project to the applicant pursaunt to the provisions of Chapter 36.70.810 RCW an d Section 4.25.030 of the Spokane County Zoning Ordinance. II. The applicant submitted an application to the Planning Department request- ing a public hearing before the Zoning Adjustor, and that pursuant to Chapter 36.70.840 and Section 4.24.040 of the zoning ordinance, notice of a public hearing was given through the United States mail to all property owners within a radi us of 300 feet from the subject property. III. That all citizens notified and agencies having jurisdiction were afforded the oppo rtunity to testify or submit written comments on the proposed project. IV. ' It is concluded by the Zoning Adjustor that the purpose.for setback re- qui rements- i s to afford adequate 1 i ght, ai r, aestheti cs to iiisure publ i c safet,y and welfare. fJormally these setbacks are associated with re3idential uses of property. Where setbacks are rel axed or not requi red, the Un i form Bui 1 di ng Code applies, and thereby, protecting the public health, safety and general welfare. To deny setback relief for industrial building where no residential units are involved whould be in this instance an unreasonable use of zoning authority. Furthermore, to require compliance with setbacks for industrial zoned property may create an unnecessary economic harclship upon the owner of such property. Yard space in most cases would become an unusable area. It is noted that the zoninq ordinance does not require any side yard setback from property lines. V. The Zoning Adjustor concluded that this action will not be materially detrimental to the public welfare or injurious to properties or improvements in the vicinity. CONDITIONS OF APPROVAL ' I. The property shall be developed as presented in this application. ~ ~ PAGE 3 VE-42-81 II. That the con ditions of File ZE-21-80 shall be complied with. ENTERED THIS,90 DAY OF -)'1(6-t( , 1981 PURSUANT TO THE AUTHORITY GRANTED UNDER COUNTY CODE;, SECTON 4.25.030. lk ~ ~ THOMAS L. DAVIS `ZONING ADJUSTOR FOR SPOKANE COUNTY, WASHINGTON ATTEST BY: CLERK TO THE ZONING A'USTOR ~ , ~ , ' , NOTICE OF PUBLIC HEARING a . . ~ Before the Zoning Adjustor ' County of Spokane , - ~ . i IN THE MATTER OF: HEARING DATE Appl i cant: Donal d R. Krebs } WEDfVESOAY, MAY 133 1981 1:15 P.M. ~ E. 1123 Glass . ) Spokane, WA 99207 ) N. 721 Jefferson, aroadway Centre Sldg. j Neari nQ Rooni, 2nd fl oor 1 Fi le Number: VE-42-81 ) ~ - c. Request: Relax.ation of Setback Req. ) Any iriterested persan may app,ear before the Zoning Adjustor ~ t . Zone Classification: Restricted Industrial County Code: 4.11.090 (e). (4) 1 PROJECT DESCRIPTION The applicant proposes a storaqe warehouse building to be set back two (2) feet from the rear nronerty line. The Sookane County Zoning Ordinance requires in this instance a 15 foot setback from the rea r property line. ADDITIONAL INFORMATION Please contact: Soolcane County Planning DepartrTient Telephone No: 456-2205 i VICINITY MAP LEGAL DESCRIPTION ~ J` Q Secti on 12 Townshi p- 25 Range 43 } Q 3 Q ~ J CL 0 t4 O ....,r <t ~ J Z Parcel 12534-2301 v ~ . ' ~ o Si te Si ze : .34 acres ~ /_/~Y 3 i ~ ` ~w,N } ~ ft I A N A Lots 1 and 2 of Northern Paci fi c Shons Addi ti on . , ' ' ' • ' . ' o ~ . / • • - h U N 0 F A. ~ wNORA 'a V r:-- ,,,i . . ° ~UGUT ~ST~ Q~y . r'v c , .~I.~rJ• ~ i / " ; l 1 '•J. • _ , ~~Q r~ 5 1 N .:r~v E • • 'c~A ~ ~,Q . . . _ ' , . , . . ~ r • ~ - . . . F L T , r~''',~XwE-._ . +~J~- } ~ 0 . , a Z . o;~~•? 0, v - ° r ~ ~ `Q~ ~ ~ ` l m EE . veC. i., . . JA ~ ~ ~'r k'':'%•' . 4~'''i ~ =1 OOO . ~9a :7untor. ~y c,ATALo ..H.i9h ` . Z Y , . .t. . LC N N r P~P`Ii r , a) ,96; l - . ~SP41 N6FIEL •--,~E. nLtt..; t. ~ rC ' ' 1 r~ I ~ . ~ , . . ~ c5 . r • ' • r' r' • . . o. ~ ~b ~ ~ . ~ ~ . ~ . , . . - . _ ~ l ~ ~ - ~ ~ , ~ - , . C . . 4~ t, . i ♦ r ~ r ~ ' . i~ ~ •I t t f , • ~ r , • . r „ i ~ ~ • ..I~ ~ • , • ~,,..,.+,r'..I • ,r ~ ~ . . • - . . . , r ~ ' . ' OFFICE OF COUNTY ENGINEER SPOKANE COUNTY, WASNINGTON May 7, 1981 T0: Zoninq Administrator FROM: County Engineer's Office SUBJECT: Re4uirements VE-39-81 No conditions at this time. VE-42-81 No conditions at this time. VN-45-81 b If approved: YN-46-81 A. Applicant shall provide an easement 60 ft. in width. The easement shall be designated as future public right-of-way. The purpose of this easement will be the provision of future rlght-of-way for the extension of Waggon Road to Biq Meadows Road.* *Applicant is the owner of record of Parcel Nos. 02733-9062, 02733-9061, and 02133-9056 (see Map #1). The aliqnrnent of thfs easement shou'd pro- vide for connection to Waggon Road (see Map #2). B. Notice to public that aroperty is served by private road and that Spokane County 1s NOT responslble for malntenance. (Spokane County Notice to Public Form No. 1.) C. Notice to public that applicant agrees to construct road to Spokane County standards. (Spokane County Notice to Public Form No. l.) 0. Agree to deed right-of-way to Spokane County at such time as Spokane County is petitioned to serve the described property with a public road. (Spokane County Notice to Public Form l.) E. Agree to participate in and not oppose or protest a County Road Improverrp-nt District (R.I.D.) (Spokane County Notice to Pub11c Form #1.) YS-41-81 If approved: Applicant shall sign and record the following documents if variance is approved. 1) Notice to public that property 1s served by private road and that Spokane County is not responsible for maintenancP. (Spokane Caunty Notice to Public Form No. 2.) 2) Notice to public that applicant a9rees to construct road to Spokane County Standards. (Spokane County Notice to Public Form No. 2.) 3) Agreement to deed right-of-wdy to Spokane County at such time as Spokane County is petitioned to serve the described property within a public road. (Spokane County Notice to Public Form No. 2.) 4) Agreement to participate in and not oppose or protest a County Road Improvement District (R.I.D.) (Spokane County Notice to Public Form No. 2.)