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VE-111-85ZONING ADJUSTOR SPOKANE COUNTY, WASHINGTON IN THE MATTER OF RELAXATION OF STANDARDS ) RELATING TO FRONT YARD SETBACK AND ABOVE ) GROUND STORAGE TANKS VERSUS REQUIRED BELOW ) GROUND STORAGE. (VE-111-85); MELCHER MANUFACTURING COMPANY, INC. FINDINGS, CONCLUSIONS AND DECISION SUMMARY OF APPLICATION: The applicant is requesting several variances from the Zoning Ordinance. The applicant proposes to place approximately 430 square feet of new office space, as an addition to the existing building, within the 40 foot setback of Mission Avenue. The applicant also proposes to locate a 7,500 storage tank and 550 gallon storage tank with the 40 foot setback of Mission Avenue. In addition, the zoning ordinance requires the storage tanks to be located below ground and the applicant is requesting that the two tanks be permitted to be located above ground, thus a dimensional variation from some minus 12 feet below ground to a positive 8 feet above grade. LOCATION: The location is approximately a triangular shape piece of land located south of the Burlington Northern Railroad right-of-way, north of Mission Avenue and Railroad Avenue and east of the Fancher Street elevated bridge, in Section 13, Township 25, Range 43. The Assessor's Parcel # is 13532-0303. DECISION OF THE ZONING ADJUSTOR: Based upon the evidence presented and the circumstances at the site, the Zoning Adjustor APPROVES all the variances as requested. PUBLIC HEARING: After examining all available information on file with the application and visiting the subject property and surrounding area, the Zoning Adjustor conducted a public hearing on October 9, 1985, rend r a verbal decision on October 9, 1985, and a written decision on October, 1/ , 1985. FINDINGS OF FACT 1. The proposal is generally located north of Mission Avenue, east of the Fancher Street elevated bridge and south of the Burlington Northern Railroad in Section 13, Township 25, Range 43 and is further described as Assessors Parcel #13532-0303, being more specifically in Zoning Adjustor file VE-111-85. 2. The proposal is a multi -faceted expansion and improvement project. The central administration offices are proposed to be expanded by approx- mately 430 square feet, most of which is proposed within the 40 foot front yard of Mission Avenue. The extent of the variance requested is to a setback of 13'6" or a variance of 26'6" from the standard 40 foot setback. The applicant further proposes to cease the utilization of 50 gallon drums of resin stored on the site and instead utilize a 7,500 gallon above ground storage tank. This storage tank would also be located in the front yard, off of Mission Avenue. The applicant also proposes, although not in the immediate future, to locate a 550 gallon acetone storage tank in an above ground location, again requesting a variance from the below ground requirement of the Zoning Ordinance and to place the tank within the 40 foot front yard setback off of Mission Avenue. The present acetone storage tank is located below ground. The requested locations are indicated on the approved site plan FINDINGS, CONCLUSIONS AND DECISION FILE VE-111-85 PAGE 2 contained in the file. The applicant has also re -adjusted several_ parking stalls in front of the proposed office addition. The applicant's site plan contains the minimum number of required parking stalls as calculated on the basis of square footage of the facility as well as number of employees. The applicant is also in the process of acquiring leased space beneath the Fancher Street bridge from Spokane County. Some of this space will be utilized for employee and customer parking. 3. The adopted Spokane County Future Land Use Plan designates the area of the proposal as Industrial and the proposal is consistent with the County's entire Comprehensive Plan, including the Future Land Use Plan. 4. The site is zoned Manufacturing which would allow the proposed use upon approval of this application. 5. The existing land uses in the area of the proposal include numerous kinds of manufacturing, industrial, heavy commercial, storage yards, etc. all of which are compatible with the proposal. 6. A former owner of the facilities requested and received in 1960 (VE-3-60), a variance to construct part of the present facilities within the (at that time 35') front yard setback off Mission Avenue. The reasons for granting the variance at that time were related to the unique circumstances particular to the property due to the railroad right-of-way and the widening of Fancher Road and Mission Avenue, the unique shape of the property and the fact that any property owner would most likely have a difficulty in affectively utilizing the site without a variance from the local zoning regulations. 7. Regarding the proposed addition of the office farther into the front yard the following is the case: a. The previous variance which granted new office space at that time established a pattern of approval by local government for this use to invest in this site. The improvements made thus established a degree of permanency at the site for the applicant (although, the applicant is the owner of land in the West Plains area and has plans in the future to shift the entire location to that site). In order to remain competitive in the business and at the location thus approved by local government, the applicant is requesting this space to continue to retain a competitive edge in its field. b. Several other site locations between Mission Avenue and the railroad are also disadvantaged by peculiarly shaped sites. Some of them have been granted variances and others have construction which pre -dates the zoning ordinance, thus establishing a not uncommon privilege in the general vicinity and zone. The construction will not present a hazard to the travelling public nor be detrimental to adjoining properties or the general welfare. There is a tree located strategically off the corner of the proposed new addition which provides a measure of protection, and also absorbs much of the visual impact of the structure as it may extend further toward the roadway. Any space at the site needed to provide fire protection will not be hampered, as the construction is toward the public right-of-way and presents itself easily for fire fighting. A fire hydrant is also located within 50 feet of both the new tanks and the new office space. c. Parking spaces for automobiles related to the new construction is available on site. d. It is the unique and narrow shape of the site, a previous expandion of Mission Avenue and a past change to the zoning ordinance increasing the front yard setback from 35 feet to 40 feet which as helped to create this hardship for the applicant or for any occupant of this site. FINDINGS, CONCLUSIONS AND DECISION FILE VE-111-85 PAGE 3 8. Regarding the 7,500 gallon proposed above -ground resin storage tank: a. There are no other locations on the site where the tank can be readily available for deliveries as well as provide access for employees to the tank. b. The situation will be greatly improved to have a single tank rather than the continued use of 50 gallon drums. Several trips per week are necessary to provide a constant supply of resin in 50 gallon drums. The drums provide an inadequate storage methodology and the permanency of a single large storage tank will allevaite that problem. The utilization of resin is an established part of the current manufacturing process carried out by the applicant. c. There is no indication from any parties or agencies that placement of the tank aboves ground would be detrimental to the public welfare or injurious to improvements in the area. d. There are numerous storage tanks above ground in the vicinity, particularly those associated with the storage of bulk gasoline and other petroleum products. e. A resin tank needs to be entered by an employee and cleaned on an approximately annual basis. This procedure is made both easier and safer for an above ground tank. The Aquifer Sensitive Area Overlay Zone (Section 4.16.A of the Spokane County Zoning Ordinance) addresses storage tanks containing materials which may have an adverse impact on the Aquifer if they are to reach the Aquifer in sufficient quantities of that substance. The preferred method and location of storage is above ground, where monitoring can easily take place and where assurances against spills and leaks can more effectively and efficiently be made. The applicant has been designated a Critical Materials Use Activity and this storage tank must comply with the provisions of the Aquifer Sensitive Area Overlay Zone with regard to protection against spills and leaks and stormwater drainage. This design compliance should occur at the point of issuing the building permits. f. The 7,500 gallon tank is proposed to be a maximum of 8 feet in height. 9. Regarding the proposed 550 gallon acetone above ground storage tank: a. An existing approximately 500 gallon acetone storage tank is installed underground as shown on the site plan. b. In one respect it would be desirable to bring this tank above ground, thus taking the threat of leaks off of the Aquifer and placing it in a more visible position capable of being adequately monitored. On the other hand, monitoring is taking place on a daily basis for the underground tank in an effort to determine if leakage is occurring. c. It is possible at some point in the future monitoring wells may have to be placed around this tank in order to test for leaks. This would most likely be the result of a federal law regarding protection of groundwater. At this time there is no such requirement. d. The applicant is requesting permission to place a tank for the purposes of storing 550 gallons of acetone above ground, in anticipation of an above ground storage as an alternative to the below ground monitored, storage. e. Acetone is a volatile and potentially dangerous material when located above ground. A fire could produce a situation that would be detrimental to the public welfare. If above -ground storage is ultimately to take place, it must be done with all adequate safe- guards as required or necessary to minimize the danger from fire and explosion. f. It is not desirable to place acetone storage inside of a structure. FINDINGS, CONCLUSIONS AND DECISION FILE VE-111-85 PAGE 4 g. It is possible that the acetone storage tank could be located west of the resin storage tank, that is, the two tanks could be shifted in their proximity to each other. A possible reason for doing this would be to literally provide some protection from errant vehicles loosing control on Mission Avenue and crashing into the acetone tank. It would be more susceptible to fire and explosion that would the resin tank upon the impact of an errant vehicle. h. A trade off must ultimately be made between below -ground, monitored storage of acetone versus above -ground monitored storage of acetone. The trade off is the vulnerability of the above ground tank to fire and/or explosion. There are various safeguards which can minimize fire or explosion. At such time as the applicant may choose to bring the storage tank above -ground, all of the appropriate rules and regulations regarding safety of the above ground storage of such material will necessarily come into play. i. The location of the acetone tank above ground provides a potential hazard to the applicant, industry and its employees, as well as to a small number of the traveling public. It provides, however, a more easily monitored situation with regard to the protection of drinking water in the area; thus providing a greater safeguard to a large number of people than does an underground storage tank, even one which is monitored as best as our technology will allow. The underground storage of acetone reduces or eliminates the risk to the applicant and the employees, as well as the travelling public; but exposes the greater metro population to a potentially serious hazard, although the chances of such a leakage accident are remote. 10. The applicant proposes to provide impact protection from errant vehicles traveling west on Mission Avenue by the installation of numerous large landscaping rocks east of the two proposed tanks and on the edge of the grass where it meets the asphalt paving. 11. An existing tree shown approximately directly south of the southeast corner of the 7,500 gallon tank will be left in place. This will help to aesthetically absorb the impact of the tank(s) as well as provide some impact protection for the tanks. 12. The tanks are set some approximately 20 feet back from the curb and landscaped area which contains the leach bed. The landscaped area extends some 12 feet into the right-of-way of Mission Avenue. 13. The use at this site has been designated as a Critical Materials Use Activity pursuant to Section 4.16A of the Spokane County Zoning Ordinance. The installation of the two tanks will have to be consistent with the provisions of the Aquifer Sensitive Area Overlay Zone and under the guidance of the Critical Materials Handbook, at the time of the issuance of the building permit(s) for the tanks. 14. The proposal is exempt from the provisions of Chapter 43.21C RCW pursuant to WAC 197-11-800 (6) (b). 15. The applicant has been made aware of the recommendations of various County/State agencies reviewing this project and has indicated they can comply with those recommendations. 16. No one appeared to oppose the proposal nor were any written comments adverse to the proposal received. 17. The proper legal requirements for advertising of the hearing before the Zoning Adjustor of Spokane County have been met. 18. Any conclusion hereinafter stated which may be deemed a finding herein is hereby adopted as such. From the Findings, the Zoning Adjustor comes to these: FINDINGS, CONCLUSIONS AND DECISION FILE VE-111-85 PAGE 5 CONCLUSIONS 1. The proposal is not detrimental to and is compatible with the public health, safety and welfare. In the case of the resin, the containment of the resin in above -ground, monitorable storage tank is a decided improvement over the storage of resin in 50 gallon drums which require a great deal of handling, thus increasing the chances for spills, etc. The placement above ground, if it occurs, of the 550 gallon acetone tank is an improvement over the existing installation in the ground, from the standpoint that more accurate monitoring of the substance will occur. This protects the public welfare in a greater sense, in terms of protecting the sole source water supply. An above ground tank containing acetone does present other hazards associated with fire and explosion. However, it is the opinion of the Zoning Adjustor that a greater public benefit is received from Aquifer protection when weighed against detrimental affects of possible fire or explosion. 2. The subject property is deprived of privileges commonly enjoyed by other properties in the same vicinity and zone and the granting of the variance will remedy the difference in privileges. There is both construction work and buildings located within the front yard setbacks on various properties in the area, as well as above ground storage tanks. The applicant demonstrated this through testimony and display of aerial photographs. 3. The granting of the variance is not a grant of special privileges inconsistent with privileges enjoyed by other properties in the vicinity and zone. 4. Because of special circumstances applicable to the subject property, particularly the peculiar sized and shaped lot and the granting of a previous variance which recognized the site's inherent hardship, the strict application of the standards of the Spokane County Zoning Ordinance deprives the subject property of rights and privileges of other properties in the area and under identical zones. 5. The granting of the variance is not materially detrimental to the public welfare or injurious to property or improvements in the vicinity or zone in which the subject property is located. There was no testimony from the public or any other agencies which indicated that such would be the case. 6. Any finding hereinbefore stated which may be deemed a conclusion herein is adopted as such. DECISION From the foregoing Findings and Conclusions, the Zoning Adjustor APPROVES the proposal. The following CONDITIONS OF APPROVAL ARE STIPULATED. CONDITIONS OF APPROVAL I. GENERAL 1. The following conditions shall apply to the applicant, owner and successors in interest. 2. The projects shall be constructed in substantial conformance with the site plan officially approved by the Zoning Adjustor and as clarified and stipulated by the various offices below. 3. The installation of either or both tanks must be consistent with all appropriate local state and federal regulations as they may apply. It is understood that the acetone tank may well remain in the ground for several years. The variance permit to locate the acetone tank above ground is granted to this specific applicant, Melcher Manufacturing Company, Inc., and if not exercised by the Melcher Manufacturing Company is not transferrable to some future owner of the site, without the administrative approval of the Zoning Adjustor. FINDINGS, CONCLUSIONS AND DECISION FILE VE-111-85 PAGE 6 II. PLANNING DEPARTMENT 1. It is the intention of the Planning Department to see to it that large landscaping rocks, sufficient to serve as a substantial barrier for errant vehicles travelling west on Mission Avenue are installed. It is also the intention that the new addition to the existing office area be suitably landscaped and that re -arranged parking stalls are indicated by striping on pavement. The applicant shall notify the Zoning Adjustor as to when inspection of the large rocks, parking lot striping and landscaping may be inspected. No bond or other monitoring assurances is being required of the applicant because of the applicant's record of making every effort to comply with rules and regulations. However, periodic inspection of the site will occur and action will be taken to force compliance with striping, landscaping and barrier installation if the facilities are installed and the additional amenities have not been added. If the applicant secures leased space under the Fancher Street bridge and chooses to establish some of its required parking there, then parking lot striping of some stalls as shown on the site plan may be waived. III. DEPARTMENT OF BUILDING & SAFETY 1. All buildings, structures and fences in excess of 6' in height require building permits as per Section 301 of the Uniform Building Code. 2. Tanks shall be installed in compliance with Article 79, Division V, of the Uniform Fire Code. 3. The tank installations will be required to comply with the applicable Aquifer Sensitive Area Overlay Zone requirements for spill and leakage protection, consistent with the recommendations of agencies having jurisdiction over such matters and/or the Critical Materials Handbook. The applicant's manufacturing process has been designated as a Critical Materials Use Activity pursuant to Section 4.16A of the Spokane County Zoning Ordinance. IV. UTILITIES DEPARTMENT 1. The owner(s) or successor(s) in Interest agree to authorize the County to place their name(s) on a petition for the formation of a ULID by petition method pursuant to RCW 36.94 which the petition includes the Owner(s) property and further not to object by the signing of a protest petition against the formation of a ULID by resolution method pursuant to RCW Chapter 36.94 which includes the Owner(s) property. PROVIDED, this condition shall not prohibit the Owner(s) or Successor(s) from objection to any assessment(s) on the property as a result of improvements called for in conjunction with the formation of a ULID by either petition or resolution method under RCW Chapter 36.94. 1. None are applicable. V. HEALTH DISTRICT VI. ENGINEER'S OFFICE 1. Prior to the release of a building permit, the applicant must sign and record Spokane County Notice to the Public No. 6. DATED THIS 214 DAY OF October, 1985. omas os er AI P Zoning Adjustor, Spokane County Washington FINDINGS, CONCLUSIONS AND DECISION FILE VE-111-85 PAGE 7 FILED: 1) 2) 3) 4) 5) 6) Applicant Parties of Record Spokane County Engineers Office Spokane County Health District Spokane County Utilities Dept. Spokane County Dept. of Building & Safety NOTE: ANY PARTY AGGRIEVED BY THIS DECISION MUST FILE AN APPEAL WITHIN TEN (10) CALENDAR DAYS OF THIS DATE. 0012z/10-85 ~ . . ~ ' . : a ~ Spetember 27, 1985 Page 2 5. VE 111-85 - Melcher Mfg. Cq,~- PTior to release of a building penait, the applicant ncuet sign and record Spolc.ane Countq Notice to the Public #6. Thie document spe- cifies that the owners, heire, graatees and aesigne agree to join in and not oppose or proteaL the formation of a Road Improveneat Dietrict (QID) or County Bnad Pro- ject (CRP) for the improvement of 2iiasion Avenue or Railroad Avenue. Thio require- meat is consistent vith tbe provisioag of Board of Cosmfasioners Besolution No. 80-1592. The site plan which w►as submitted xith t6e application depicts siz pericing epacea which encroach into the County Road rightrof-way. Spokaae County does not permit thie Lype of encroachment. All parkin,g muet be located on-site and off of the right-of-way. The SSO gallon acetone storage tank is located in ouch a manaer that a vehicle could strike [he tank if a driver were to lose control on the curve. It ie recor sended that the tank be located elsevhere on the pzoperty or a barricade, capable af protecting the tank, be installed. The preferred choice, however, is reloca- _ cion. BMC/set - , . • ' . . ~ +J . , • , SPOKANE COUNTY ZONING ADJUSTOR - PURLIC HOARING AGEiVDA: , OCTOaER 9, 1985 TIME: 1:15 P.M. . PLACE: Spokane County Planning Dept., N. 721 Jeffe rson St., 2nd floor hearing room 4. VE-125-85 RELAXATION OF FRONT YARD SETBACK REQUIREMENT Generally located on the west side of Liberty ~ Lake, east and adjacent Liberty Dri ve, approximately 50' northof the intersection of Mahko St, and Liberty Drive in Section 22-25-45. PROPOSAL: To allow a detached garage to be ' 1 ocated 171611 from the front propert; line, whe reas Section 4.06.020 and ~ 4.05.110 b.2. of the Spokane County Zoni ng Ordi nance. requi res a25' setback from the front property line in the R-2 (_Two Family Residential) zone. SITE SIZE: 6,000 sq. ft. APPLICANT: John Nord 5. '•'I ~ 1-k2,m, RELAXATION OF SEVERAL STANDARDS OF THE SPOKANE COUNTY ZONING ORDINANCE INVOLVING: (1) LOCATI ON OF TANK(S) ABOVE-GROUND AND (2) CONSTRUCTION OF kN OFFICE SPACE ADDITION AND LOCATION OF ABOVE-GROUND STORAGE TANK(S) WITHIN fHE REQUIRED 40' FRONT YARD SETBACK Generally located between Fancher Road/Mission Avenue, Lhe ~Burlington Northern Railroad right-of-way and the Fancher Road Brid9e in Section 13-25-43 PROPOSAL: To allow the following deviations from the following portions of the Zoning Ordinance: Zoning Ordinance Ordinance Applicant _ Reference Standards Proposal 4,12.140 (tanks) Below Ground 8' above ground 4,12 '.1040 1. 40' 131611 (_setback) SITE SIZE: 20,000 sq. ft. (approx.) APPLICAtJT: Melcher Manufacturing Co., Inc. NOTE: The tanks to be located in the front yard area are: (1) a 7500 gallon resin storage tank ; and (2) a 500 ga 11 on acetone storage tank (currently below ground). 3 ~ FU.. T S triELo A e'A iN. eL oci. L . . ~ " J ~ . . . , , w.T wppr.~ A ►)wlA PLA.IT tAJ v'~ . , /►•4 ~ . • ' J Of MO►~TWOM MAKS ~ ~wS~lEl ~ Z r ~ ~ W O ~ , . • ~ ~ V L~1 i( ` 7 E 1963 ~g ' , ► ~ A , t E f S'arION u / . _ P'OST OFF1GE NOI E. . ,.y . ~ I ,f pok~ 0 1) " Q , ~ u i~ ~ r' ./f~ ' ml 1 lm85 ~ . MRD A 2 qy E ~ J~ f W _ . ~ • ~~!~'~T' Q . OESMET . ' ^ °i ~ = ~I - r z ~ • ~ or ~ G • ;i;' DE A ' ~f• ~p0 • . ~ I 14 wn 13 ~ z 4 . • ~ P I a' ~ I~ ` (r 4 ► O . PJ Z pLk 1 J F'1 O X < Y. ~ ~ O l.i WA . • •o ~ . ,ee . ~ '~~ss~r:_ a , . . f I _woocivre sr. A4vL ~t. R. . , Ot . Riv ~ s~~E ~ • _ O. W. R b )v RR2 - - . . • - - 19)o00. _ . P R A G V E.-- - - , . I . . . : ~ ~ ..t•. \ •r ~ 5~ ' 1sr s> ~ ; 1sIAOT AvE Q . i /:J df ~~it : ~ • L . ,y POKANE COUNTY PLANNING DEPARTh, . ~ APPLICATIONS BEFORE THE,ZONING ADJUSTOR/BOARD OF ADJUSTMENT . . , Ce rti fi cate of Exempti on Appl i cati on S- S , ;';em2 Of Appl 1 Cdnt: _1~ielc~jg~^ t~fa~factt.~~ Co,,,,, Inc. Street Address: E. 6017 Mi^sion Ave. City: Spokane State: WA Zip Code: 99211 Phone No.: 535-762E . Ndfi12 of Property Owne r(s Me l.cher Manufacturin~ CD., Inc. REQUESTED ACT ION ( S)( Ci rcl e App rop ri ate Acti on . ~ Variance ) Conditional Use Permit Non-Conforming Lot/Use Waiyer of Yi.olation Terrporary Use/Structure Other: * * FOR STAFF USE ONLY * *Ci te 0 rdi n an ce Secti on : O1 d Co de : New Co de : * . - *Se cti on Towns hip Ran ge P rope rty Si ie : ~ * • *Existing Zoning: ~ - F.L.U.P. Des i gnat i on'-s, 4. *PSSA: 0 N UTA:QY N GaSA: Y N FIRE DIST.: LEGAL CHECKED BY: * # , ^ * *Heari ng Date: ~j Staff taki ng i ri Appl i cati on * * * * * * * * * * * * ~ * * * ~ * * * * * * * * * * * x * x ~ * * * * * * * Existing Use of Property: Manufacture of fiberglass rarrrps. Describe Intended Proposal: 1) bctend office building b,y 439 so, ft. (13'6" frontotJ ,yard setback variance). and 2) in~tall a 7 T 500 qallon resin stQzaaP tanc ~ OV-w (10'5" front ,yard setback variance & above ground storaPe tank variance). d ~ Street Address of Property: E. 6017 Mission Ave. i Legal Descri ption of Property ( Incl ude easement i f appl i cabl e) : East Spokane pt of B3 Ptn bounded on E& W by Fancher Roaci as per poc 781285A & on N by SPO CO R/W which lies 60 ft. SE'l,y of & par. to NP RWY Co. SR/W line. Parcel 13532-0303 Sou rce of Legal : Ownership Micro-run. Total amount of adjoining land controlled by this owrier/sponsor: Vone. What i nte rest do you hol d i n the p rope rty: Owner. Please list previous Planning Oepartment actions involving this property: Variance of front yard setback of S" granted February, 1960, Case #Vv,3-64. I SWEAR, UNDER TNE PENALTY OF PERJURY, THAT: (1) I AM THE OWNER OF RECORD OR AUTHORI- ZED AGENT FOR TNE PROPOSED SITE; (2) IF NOT THE OWNER, WRITTEN PER~IISSION FROM SAID OWNER AUTHORIZING MY ACTIONS ON HIS/HER BEHALF IS ATTACNED; AND (3) ALL OF THE ABOV` RESPONSES AND THOSE ON SUPPORTING DOCUMENTS ARE MADE TRUTHFULLY AND TO THE BEST OF MY KNOWLEDGE. S i gn e d . &'X_~c. Address : Es~ 11108 20tb, SQokan~. 1p 9q?06 . Phone No. : 9zr~-2o56 ~iate : ~ NOTARY SEAL : Notary : "1-4 / Date: ~ S~~ ,,l ~ (over) ~ r . ~ . . 1.,, , . ' JA l t~ ~A k tJ V_ ~ L~ ~~.R ~ ► ~ C. . ~ NAME: Melcher Manufacturing Cb., Inc. FILE VE-111-85 I. VARIANCES The County Zoning Ordinance, Section 4.03.020 (64), cl ari fi es that variance is an ac~justment made to a"dimensional" regulation. We6sters New Collegiate Dictionary (1979) defines "dimension" as a measure in one di rection. (and therefore includes "area"). A. State Law C-36.70,020 (.14) RCW),,, Is the subject property deprived of privileges commonly enjoyed by other properties in same vicinitf 'and zone and does the variance remedy the di fference in pri vi leges? If so, wllat pri vi 1 eges? Yes. Yellowstone Pipeline Co., E. 6317 Sharp, has numerous larQe above- ground storage tanks. Neighboring businesses have been allowed to expand within the setback (e.g. Curtis Construction Co., Master Fence Fitting Inc., Lester N. Johnson, Co., & American Recycling Co.). At least three other manufacturers (Bayliner Boats, Sunrunner Boats and Freedom Boat Co.) utilizing the same product (resin) have above-ground storage tanks. B. Because of speci al ci rcumstances appl i cable to subject property, including siZe, shape, topography, location or surroundings, does strict application of the dimensional regul ation deprive the subject property of ri ghts/pri vi leges enjoyed by other properties in vicinity under IDENTICAL zones? If yes, what speci al ci rcumstances exist? Yes. The property and structures are irregularly shaped, conforming to roadway right-of-ways, a b ridge overpass and railroad property. The existing plant plus the proposed structures would maximize use of this land within a manufacturing zone: 1) the proposed land use allows the company to gain a competitive edge in the international marketplace for itself and for the Spokane counnunity; 2) few other manufacturing com- panies could bring as great a return on the same land space; and 3) the property site is inconspicuous and isolated so that changes have minimum impact on its surroundings. Approving this variance application Qrants Melcher Manufacturing the same right and opportunity to grow and develop which is enjoyed by neighborinQ propertv owners. C. Wi 11 granti ng of the vari ance be materi al 1y detri mental to publ i c wel fare OR injurious to property or improvements in the vicinity and zone in which the subject property is located? No. The buildinS addition will have no effect on vroperty or improvements in the vicinity and will enhance the property's and area's street appeal. The resin storage tank will be built to insure protection against fire and spillage. Construction will conform to all requirements as approved by Spokane County for fire, aquifer, health, utility and traffic pro- tection. The tank will replace the handling of resin in 50 gallon drums which constitutes a significantly greater risk to.the environment of fire and spillage. There have been two auto salvage yards installed nearby and this site improvement will-greatly enhance the area. . . . . . _ _ _ . . . ; . ~ . . _ . _ . _ . . . . . . • . ' : ~ 1 . , . . I~p . - ; . ~ ~ . ~ , , . , . . . . ~ - • • • - - b - . - ~ . • , , . ; . • - . ~ - - ' . lf- ' . ' : - , , - : ` ~ , . " _ , , _ '•:.;'7 . . . . . . . ; ` _ _ . . . • .o=~ - , . . , • . . . ~ri''^"° ` •c~ , ~ `.:s: , , . ~ , . . , , • , . . „ : - ~ . ; . ~ _ y ~ . . , : _ , • , ' • - ~ • . ~ , . ' • . , ~ ' • 1< • . ~ . • • : : . . • • ~ \ . _ ^ , - , ' ~ . . r ' ` _ . ' i' ~r' : ' ; ~ ~ . . . . . _ . L 1 ~ ~ • ' , ~ • . ' , J w ' • . ' ~ ' • ~,S'' ` ,.V'a S~ :~r M . . \ ~ • ' _ . . i'~'r • 1 • . • ' f • V`~~ ~r ~ . . u . ,~ti ' . ' `J. n. .:S . - . . . . . 1- . ".~.~Pt- . . • ~'.•1.4,~_ I'_• ' ~ . . . ~ - • 1' ~ ~ ~ :.i . Iti . . • • .C'• .t_ , ' . .'ti . ' , . . . . ~ , . . „t, VJ. . . ` 1~•" t'~:. . ~ _ _ ~>i •r.~ _ . . _ ~ ~:l. . _ . 'r~e ~ , ' „ • .~•,M . . . . . . , • . - , ' • . . . . : . ':~Y. . . , • r^'~. • . . , - . ~ _ ^ , . ' ~•r .`~,y ~ '~''1..;-~ . ~ ' ~ J, /r ~ ~ v • ; . . . ' . \ . ~ ` . . ~ . - ~ ' : , , ~ ~sS4 . ~ o a~.. I . . - . • . - 0 ~ . ~ ~ ~if~'~; : • : ~ oi . ' : _ . : • ' . :y • - - . . ~ r' ~ / ~ ' , , . , ~ ` I „ 9L r j:. ` ~ , . ' ' . ' . . . , = ; , . ~ i~ Q%~ . . _ . . . ~ ~ ~ . _ ; ~ ~ .o~~ . ' ~ . _ . • . I ~ I ~O . , . ~j i . . . . . . . ' . , . • . Ass -SSDzS ~LD Mp,? . , . . ~ ~ . . ~ , . . . . i ; , • ~ 'V ~4~CB E ~ ~ ~C~1L1F~~.~' L1~ E i ~ E. 6D11 . MISSIDN - ~ . . ; . . . ~ _ . ~ ~ . , . . . . . . . . . . . . . . . e . _ . . ~ . . . . ~d . ' • ~ ~ ~ ' ~ ~ . ~ . . . . ~ ~ , / . ~ ~ ~ ~ ~ ~ , Vo y~~ ~ ~i ~ ~ . ~ '~'p~.1`~~' L,t4•~'`~ G Q~ ~ ' i ~ , • ~ i , , ~-~S~" r ' , • I•r-' ~ ~ ~ ~ - - i y , • ~ ' t ~ • 1 ' ' . ~ . . ' • . ' g2 ,v . , ~ , . , ~ . t221.3 ~,b 9'~ " VA:V ~ IV-D c> ~ ~ _ _ . • . r OFFICE OF COIJNTY ENGINEER . SPOKANE COUNTY, WASHINGTON ~ Date. y 19 _ Inter-office Communication To ~ From Sub ject , in Section 2, Toc.mship 26 Norch, Range 110 E.W.M. was vacated by thr! Gvmmissloners in 1952. (:cznsequentlv, rhe applicant sRy rr~r operty iinless an aleernate accebs in the fora of an easem~. c e.d . n~: an easement is secured which wnuld pei-mit aev-ess irom th~ iechey Road, sap would recluest that the access eaeQnent br designa[ed as r ct h" future puh1iC zight-of-way tract. The easement miist be a minimum c> in width and extend ro the nor[!l prc,perty line (north iine of Parcel "J''). , , . . . ovemo_- rt <<~tessa~ l ot th iCe public [.ir;nL-O..~vay CraClb. i.dbL--Wx:at udb&~:1:lG::tti aLt.;-; tu L!. operty lines on both the iSSE and west side. ?'he norch-south easeraent sl, .cnd to thE nar, e reyuireinent ar thc an0-I r ov ed ro d18t?-] , 30 ft. . .~zrt} lir~~s oi ±-o r^ iv7Fr rf it »:10 ifi1 ,-J2t-of-way and that roadway imprnvements canststin8 oE curb and sf dewa: ;i.-ice. t:inetc-c-nth IR a?ocal access st:eot. We have no adverse curments ',.ng the appl.ication. ttpplicant shc,uld te edvised t1, -1 l)y E.i1le , y F I E _ _  a .~..w £ 1 £ . - - - - - - _  I . _  r