VE-38-85 ~ -
,
, ZONING ADJUSTOR
SPOK{UIE COUNTY, WASHINGTON
IN THE MATTER OF RELAXATION Of REAR YARD ) FINDIPIGS OF FACT,
SETBACK REQUIREMENT. (VE-38-85); ) COPICLUSIOPJS, DECISION AND
SPOKA14E COUNTY LIBRARY DISTRICT ) CONDITIONS OF APPROVAL
THIS MATTER, Being the consideration by the %nning Adjustor of Spokane
County, in hearing application UE-38-85, hereinafte, referred to as the
"Proposal", and the Zoning Adjustor of Spokane Count;• having held a public
hearing on April 26, 1985, and having fully considered all testimony presented
thereat, and having rendered a veri>al decision on the 26th day of April, 1985,
APPROVING the prroposal, makes the following:
FINDINGS OF FACT
1. That the p roposal is generally located south and adjacent Main Avenue,
between Perrine Road and Robie Road in Section 16, Township 25, Range 44, and
is further described as Assessors Parcel N16544-0568.
2. That the proposal consists of allowing an addition to the existing
library building to be located 7 feet from the rear property line and in align-
«ent with the existing building, whereas Section 4.09.070 d.4 of the Spokane
~ County Zoning Ordinance requires a 15 foot rear yard setback in this zone.
3. That the adopted Spokane County Future Land Use Plan designates the
area of the prroposal as MAJOR C0MMERCIAL and the proposal is consistent with
the County's entire Comprehensive Plan, including the Future Land Use Plan.
4. That the site is zoned Local Business which would allow the proposed
use with approval of this application.
5. That the existing land uses in the area of p roposal include the
Opportunity Shopping Center, single family residences and other mixed uses.
6. The file contains a letter of support regarding the requested setback
variance from the property owner to the south adjoining the location of the
variance.
7. The planned expansion of the library facility is one story in height,
adjacent to the south property line. The applicants agent is desirous of maxi-
mizing the potential use of this site and has indicated the expansion is needed
to better serve the public.
8. The use of the property imrre diately to the south of the setback area
is an access lane for service vehicles to the Opportunity Shopping Center.
9. The property owner to the south has granted Spokane County Library
District a 30 foot access easement over and across their property. -
10. That an expansion of non-conformirig setback was approved on September
12, 1978, maintaining the sank, setback requested within this action.
11. The applicants agent indicated the 7 foot rear yard setback area to
be landscaped.
12. That the applicants agent has been made aware of the recomrre ndations
of various County/State agencies reviewing this project and has indicaced they
can conply with those recoirvnendations.
13. That the proper legal requirements for advertising of the hearing
befo re the Zoning Adjustor of Spokane County have been net.
14. That the proposed site plan indicaies that parking and heiyht
of the structure will conform to the Spokane County Zoning Ordinance.
continued
J '
FINDINGS OF FACT, CONCLUSIONS, DECISIOIJ AND CONDITIONS OF APPR()VAL
FILE VE-38-85 PAGE 2
From these Findings of Fact, the Zoning Adjustor cones to these:
COIVCLUSIONS
1. That the proposal is not detrimental to and is compatible with the
public health, safety and welfare.
2. The granting of the variance is not a grant of special privileges
inconsistent with privileges enjoyed by other properties in the vicinity and
zone.
3. The granting of the variance is not materially detrimental to the
public welfare or injurious to property or improvenpnts in the vicinity or zone
in which the subject property is located.
4. While the project does not comply with every detail of the provisions
of the Spokane County Zoning Ordinance, the p roject does not violate the spirit
or intent of the ordinance.
5. The building/land was under single ownership at the time of the
establishment of the zoning classification which first caused the non-conforming
ci rcumstances to occur.
DECISIOIJ
From the foregoing Findings and Conclusions, the Zoning Adjustor APPROVES
the proposal. THE FOLLOWItJG CONDITIONS Of APPROVAL ARE STIPULATED.
CONDITIONS OF APPROVAL
1. The following conditions shall apply to the applicant, owner and all
successors in interest.
/
2. A recorded agreement for the maintenace of the structure shall oe submitted
to the Planning Departnent for review prior to the issuance of building
permit(s).
3. A specific landscape plan, planting schedule and provisions for maintenance
acceptable to the Spokane Cowity Zoning Fdniinistrator shall be submitted
with a performance bond for the project prio,• tc release of building
permits. Landscaping shall be installed and maintained such that sight
distance at access points is not obscured or impaired.
4. 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 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 fo nnation of a ULID by either petition or resolution under RCW Chapter
36.94.
5. Connection is to be made to the Valley sewer. Plans and specifications are
to be reviewed and approved by the Utilities Department prior to sewer
construction and building pe rniit application. Al1 Utilities Department
sewer connection requirenients includin9 permits, payment of fees and
execution of necessary agreements are to be accomplished prior to building
permit application.
6. A combined surface water and sewage disposal detailed plan shall be
app roved by the Spokane County Engineer and the Spokane County Health District
prior to issuance of any building permits for this project.
7. Sewage disposal method shall be as authorized by the Director of Utilities,
Spokane County.
8. Subject to specific application approval and issuance of pe nnits by the
Health Officer, the use of an on-site sewage disposal system may be
authorized.
continued
V FINDINGS OF FACT, CONCLUSIONS, DECISIOfJ AND CONDITIOIJS OF APPROVAL
FILE VE-38-85 PAGE
9. Water service shall be by an existing public water supply when approved
by the Regional Engineer (Spokarie), State Departnient of Social and Health
Servi ces.
10. Use of private wells and water systems is prohibited.
11. Disposal of sewage effluent beneath paved surfaces is currently prohibited.
12. Buildings additions require building permits pursuant to Section 301 of the
Uniform Building Code.
DATED THIS 30th DAY OF April , 1985.
S T E E P, HORUBIUWS h :ACT~LUNING ADJUSTOR
SPOKANE COUfiiY, WASHIfAGTON
NOTE: ANY PARTY AGGRIEVED BY THIS DECISION MUST FILE AN APPEAL WITHIN TEN (10)
DAYS Of THIS DATE.
r 1
ZONING ADJUSTOR
SPOKAN[ COUNTY, WASHINGTON
IN THE MATTER OF RELAXATION_O.F REAR YARD ) FINDINGS OF FACT,
SETBACK REQUIREMENT. f_(VE-38-85); ) CONCLUSIONS, DECISION AND
SPOKANE COUNTY LIBRARY-DISTRICT ) CONDITIONS OF APPROVAL
THIS MATTER, Being the consideration ti'y the Zoning Adjustor of Spokane
County, in hearing application VE-38-85, he'reinafter referred to as the
"Proposal", and the Zoning Adjustor,of Spokane County having held a public
hearing on April 26, 1985, and having fully considered all testimony presented
, thereat, and having rendered a verbal decision on the 26th day of April, 1985,
APPROVING the proposal, makes the following:
FINDINGS OF FACT
l. That the proposal is generalTy„located south and adjacent Main Avenue,
between Perrine Road and Robie Road in Section 16, Township 25, Ran9e 44, and
is further described as Assessors Parcel #16544-0568.
2. That the proposal consists of allowing an addition to the existing
library building to be located 7 feet from the rear property line and in align-
ment with the existing building, whereas Section 4.09.070 d.4 of the Spokane
County Zoning Ordinance requires a 15 foot rear yard setback in this zone.
3. That the adopted Spokane County Future Land Use Plan designates the
area of the proposal as MAJOR COMMERCIAL and the proposal is consistent with
the County's entire Comprehensive Plan, includin9 the Future Land Use Plan.
4. That the site is zoned Local Business which would allow the proposed
use with approval of this application.
5. That the existin9 land uses in the area of proposal include the
Opportunity Shoppin9 Center, sin9le family residences and other mixed uses.
6. The file contains a letter of support regardin9 the requested setback
variance from the property owner to the south adjoining the location of the
variance.
7. The planned expansion of the library facility is one story in height,
adjacent to the south prroperty line. The applicants agent is desirous of maxi-
mizing the potential use of this site and has indicated the expansion is needed
to better serve the public.
8. The use of the property immediately to the south of the setback area
is an access lane for service vehicles to the Opportunity Shopping Center.
9. The property owner to the south has granted Spokane County Library
District a 30 foot access easement over and across their property.
10. That an expansion of non-conforming setback was approved on September
12, 1978, maintaining the same setback requested within this action.
11. The applicants agent indicated the 7 foot rear yard setback area to
be landscaped. -
12. That the applicants agent has been made aware of the recommendations
of various County/State agencies reviewing *.his project and has indicated they
can comply with those recommendations.
13. That the proper legal requirements for advertising of the hearing
before the Zoning Adjustor of Spokane County have been met.
14. That the proposed site plan indicates that parking and height
of the structure will conform to the Spokane County Zoning Ordinance.
continued
, .
FINDINGS OF FACT, CONCLUSIONS, DECISION AND CONDITIONS OF APPROVAL
FILE VE-38-85 PAGE 2
From these Findings of Fact, the Zoning AdjusLOr cotres to these:
COfVCLUSIONS
l. That the proposal is not detrimental to and is compatible with the
public health, safety and welfare. '
2. The granting of the variance is not a grant of special privileges
inconsistent with privileges enjoyed by other properties in the vicinity and
zone.
3. 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.
4. While the project does not comply with every detail of the provisions
of the Spokane County Zoning Ordinance, the project does not violate the spirit
or intent of the ordinance.
5. The building/land was under sin9le ownership at the time of the
establishment of the zoning classification which first caused the non-conforming
circumstances to occur.
DECISION
From the foregoing Findings and Conclusions, the Zoning Adjustor APPROVES
the proposal. THE FOLLOWING CONDITIONS OF APPROVAL ARE STIPULATED.
CONDITIONS OF APPROVAL
l. The following conditions shall apply to the applicant, owner and all
successors in interest.
2. A recorded agreement for the maintenace of the structure shall be submitted
to the Planning Department for review prior to the issuance of building
permit(s).
3. A specific landscape plan, planting schedule and provisions for maintenance
acceptable to the Spokane County Zoning Administrator shall be submitted
, with a performarice bond for the project prior to release of building
permits. Landscapin9 shall be installed and maintained such that sight
distance at access points is not obscured or impaired.
4. 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 36.94
which includes the Owner(s) prbperty. PROVIDED, this condition shall not
prohibit the Owrier(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 under RCW Chapter
36.94.
5. Connection is to be made to the Valley sewer. Plans and specifications are
to be reviewed and approved by the Utilities Department prior to sewer
construction and buildin9 permit application. All Utilities Department
sewer connection requirements including permits, payment of fees and
execution of necessary agreements are to be accomplished prior to building
permit application.
6. A combined surface water and sewage disposal detailed plan shall be
approved by the Spokane County Engineer and the Spokane County Health District
prior to issuance of any buil'ding permits for this project.
7. Sewage disposal method shall be as authorized by the Director of Utilities,
Spokane County.
8. Subject to specific application approval and issuance of permits by the
Health Officer, the use of an on-site sewage disposal system may be
authorized. '
continued
.
FINDINGS OF FACT, CONCLUSIONS, DECISION AND CONDITIOIJS OF APPROVAL
f FILE VE-38-85 PAGE 3
9. Water service shall be by an existing public water supply when approved by the Regional Engineer (Spokane), State Department of Social and Health
Servi ces.
10. Use of private wells and water systems is prohibited.
11. Disposal of sewage effluent beneath paved surfaces is currently prohibited.
12. Buildings additions require building permits pursuant to Section 301 of the
Uniform Building Code.
DATED THIS 30th DAY OF April > 1985.
. ~ ~
STEVE'P. HO OBI W KI, ACTING LONING ADJUSTOR
SPOKANE COUNTY, WASNIfJGTON
NOTE: ANY PARTY AGGRIEVED BY THIS DECISION MUST FILE AN APPEAL WITHIN TEN (10)
DAYS OF THIS DATE.
-_-----.-.---~-a,uw-a-,-i nyre-ramrry-resraewce - to be located on a parcel of land
having no county road frontage,
whe reas Section 4.13.030 of the
Spokane County Zoning Ordinance
requires 65 feet of continuous public
- road frontage in the Unclassified Zone. Access is proposed via a 40 foot wide
easenent road extending easterly from
Milan Road to the site.
SITE SIZE: 8.95 acres (Parcel "[3„)
APPLICANT: John F. Rees
3. V,VL•-3II=d5 R[LAXATION OF REAR YARD SET6ACK R[QUIREMENT
Generally located south and adjacent Main Avenue,
between Perrine Road and Robie Road in Section
1G-25-44.
PROPOSAL: To allow an addition to the existing
librar-y building to be located 7 feet
f'rom the rear property line and in
alignnient with the existing building, whereas Section 4.09.070 d.4 of the
Spokane County zoning Ordinance
requi res a 15 foot rear yard setback
in the Local Business Zone.
SITE SIZ[: 42,200.sq. ft. (apprro ximately)
Af'PLICAIJT: Spokane' County Library District
4• VE'39'85 RLLAXAiION OP FRONTl1GE REQUIREMENT
Generelly located south and adjacent of the
~~~okane International Railroad, west of Cauq;bell
knad and north of Euclid Road in Section
I'ItUPU$/11.: lo allow agle.f,tniily Irsidenr.t I tu
tie located on a p;nrr,el of land havilir,
approxiniatcly 50 teet oi trontaqe n1i Campbel I Itoad, whcecas Seetioll q.u'i_ti;~,
of thc :,Jiu{:dnlt Cuwit.y'Znnin(I Urdiii,mi,
ecyul irf. IUO l(-ct ut ContinuouV, J;ul)l j,
• ivad fruuUlyc 1 n thc Aoi'iCUlLinal !ni,,
.,I II. .,I/.L: J.4 dCl. l:~
niTi.icnrai: i d P o,;
Sf'UKANL COUNIY ZUNING AUJUSTOK - PUbL IC HEARING
AGLNUA: Mk1L 16. 1985• ,
TlMC: 1:15 1'.M:
PLACE.: Spokaiie County Planniny WpL. , N. 721 Jefferson St. , 2nd floor hearing room
li. V/1f11 i1N(;LS
2. VN-23-85 kELAXATIQN OF FRONIAGE REQUIREMENTS
Gerierally located approximately 635 feet east
of Mi 1 an koad in the Northwest 1 J4 of Secti on
11-Z8-43.
('kOPOSAL: To allow a sitigle fa►oily residerice
to be located on a parcel of larid
havirig no county road frontage,
whe reas Secti ori 4. 13.030 of the
Spokaiie County Zoning Ordinance
requires 65 feet of continuous publi,_
road froiitage in the Unclassified Zone
Access is proposed via a 40 foot wide
easem,nt mad extending easterly from
Milan Road to the site.
SITE SIZE: 8.95 acres (Parcel "B")
I,PPL ICANT : Johii F. Rees
3. VE-38-85 RLLAXATiON OF REAR YARD SETSAC4; REQUIREMEtiT
Geiierally located south and adjacerit Main Avenue,
betweeii Perrine Road and Robie Road in Section
lb-Z5-44.
PROPOSAL: Ta allow an additiosi to the existiiig
~ library building to be located 7 feet
from the rear property line and in
alignnient with the existing building,
whereas Section 4.09.070 d.4 of the
Spokane County Zoning Ordinacice
requi res a 15 foot rear yard setback
in the Local Business Zone.
SITE SIZE: 42,200.sq. ft. (appmximately)
APPLICAlP: Spokane County Library District
4. Vt-39-85 kLLAXATIUtJ OF FRONTAGE REQUIREMENT
Gcnerally lacated south a+►d adjacent of t1ie
c
Spokane InterY►ationdl Rai 1 road, west of Caii~)t,el 1
ku,3d and iiorth of Euclid uoad in Section I'I•;oI'U:;Al.: To allow a sinmle ramily rr~,iden(o 11)
be loc.dwd oti tl p<<r(lrl of 1 an(j tia,rin,,
aI) I) rUxiuiatU ly 51) f~~Ot Of lrontaf W 0 r,
(.ainpbelV tituaci, wtir►r.3s Settio»l
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SPOKANE COUNT.Y PLANIJING DEpARTMENT
APPLICATIONS BEFORE THE ZONIIJG ADJUSTOR/BOARD OF ADJUSTMENT
Certificate of Exemption Aeplication y: yIE -'3B-
yVii~CRyJ~~t/ tOA~7N6~S~ RkQHTEG-rs
Name of Appl i cant- SPojCAAfE GbUm'i'Y LlBRRk'y 015-WIGT
S t ree t Ad d res s: N. 2901 f}RC-CWNE RG04P
City: SPO,CAr/E State: INA Zip Code: 99206 Phone No.924-4122
Name of Property Owner(s): SihME
REQUESTED ACTION(S) (Circle Appropriate Action):
Variance (s Conditional Use Permit Non-Conforming Lot/Use
Othe r:
* . . * + * * * t * ~ ~ * * . ~ r • + + + + + * t * * * + + + . * + . + + ~ . . +
FOR STAFF USE ONLY
D 90 CV-) .
*Cite Ordinance Section: c! n y r3l_ Old Code: New Code:
* _ .
*Section /~ri Township o~5 Range vy Property Size: *
• `Q
*Existing Zoning: ~i, ~ F.L.U.P. D"esignation. ~~~~/Y1~• ~ '
*PSSA: Y~ N UTA: 1 Y 1 N ASA: ~ Y J N Legal Checked by: ~
* L/
.
*Hearing Date: O{j~C ,t Receipt r:
* * + * ~ : . ~J + . + . > *A
Existing Use of Property: LIAW/VCy
Describe Intended Proposal: L1fRAR%/ EWFW $dq hF 00571,v6 Br-Db.
Street Address of Property: ff. 12004 M4/!✓ AYE. OPMe7LW7Y
Legal Description of Property (Include easement if applicable):
5. IG2.2Z f7" DF A1182.7? FT CP E/SOFT 6r- W. !-70PT
or E. 41 CZ /3(o F7' o~ 5. 14l•7f5' OF ,V. 1G1.76 OF
l,v. 3c* F7" 6a E; ~~2. ~ VAcA'~m RoBiE RdAD.
~
Parcel 16544 - 0568 Source of Legal : lq5SE550Q
Total amount of adjoining land controlled by this owner/sponsor: /VONE
What interest do you hold in the property: AiPG~f/7~LM5' MP QjtqyE7Z
Please list previous Planning Department actions involving this property:
R6#K Y~ S~-V5KXS S.P.E. 2!- 74
I SWEAR, UNDER TNE PENALTV OF PERJURY, THAT: (1) I AM THE OWNER OF RECORD OR AUTHORI-
ZED AGENT FOR THE PROPOSED SITE; (2) IF NOT THE OWNER, WRITTEN PERMISSION FROM SAID
OWNER AUTHORIZING MY ACTIONS ON HIS/HER BEHALF IS ATTACHED; AND (3) ALL OF THE ABOYE
RESPONSES AND THOSE ON SUPPORTING DOCUMENTS ARE MADE TR 7HFULL~ND~TO THE BEST OF
MY KNOWLEDGE.
Signed:
~ A d d res s: w. yl GAKMGL~_ `Pl-4Z4 Sa°OK/WE 94Wj
- Phone No.: . 838-2707~ Date: 3- 2S- ,X t'
NOTARY SEAL: Notary
Date:
l
A. VARIANCES
l. In view of the above information, what special circumstances (beyond your
control or action) deprive you of the sam general rights and privileges of .
other property owners within the sarre zone and vicinity?
SEE A'7Ti~~l-l~n ~
2. If the variance were grarited, how would it affect neighboring properties or
improvements?
S e~-7 E A"T7AGHED
~ CONDI7IONAL USES, ZERO LOT L1NE, NON-CONFORMING USE, TEMPORARY PERMITS, ETC.
1. Please give a concise explanation of the proposal including size, hours of
operation, expected traffic and other features, etc.~
WAIVER OF VIOLATION
/
l. How or why was the structure established outside the provisions of the Spokane
County Zoning Ordinance?
x
D. SI-GN-OFF BY COUNTY DEPARTMENTS
COUNTY HEALTH DISTRICT g
v A preliminary consultation has been held to discuss the proposal. The appli-
cant has been informed of requirements and standards.
l ~I..:. A ;fi > 2-s_ ys
(Sigrv'atGre) (Date) (Sign-off Waived)
R~ 02. COUNTY EN6INEER'S DEPARTMENT
A preliminary consultation has been held to discuss the proposal. The appii-
4nh as been in formed of requirements and standards.
.c, ° 7- c~3 ~
tuy~J./ (Date) (Sign-off Waived)
v
v
~ COUNTY T[LITIES DEPARTMENT
A p i inary ~consul ation.has been held to discuss the proposal. The appli-
can s b n f d of requirements and standards.
3~Z s.~
Signatu " Dat (Sign-off Waived)
4. WATER PURVEYOR (if applicable) Name:
a) The proposal is/is not located within the boundary of our service area.
r , ,b) We are/are not able to serve this site with adequate water.
c) Satisfactory arrangements have/have not beeri made to serve this proposal.
(Signature) (Date) (Sign-off Waived)
vr~4"t'EK 5t3ev~cE 7D gcA6 IS ~(lS'T~Nfr,
,
\1 ~ -
- ~ ~
warren c u m mings heyiman & partners
a r c h i t e c t' s
w e s t 511 p a r k a d e plaza
spokane, w a s h i n g t o n 9 9 2 0 1 - 0 5 8 3
APPLICATION ifVE-38-85
ATTACHMENT
A. 1) Because oi special circumstances applicable to this
project, the Spokane County Library is unable to
efficiently and properly make use of their site for their
expansion program. These special circumstances include:
an existing structure built in early 1950 on a
"Unclassified" lot. At the time of construction, the
front yard setback and flanking street setback were 25'
and 15' respectfully. In 1967 the Library, with all good
intentions, sold to the adjacent (south) property owner
5-1/2 feet of its southern-most property to rectify a
problem caused when the adjacent property owner mistakenly
constructed a small concrete retaining wall and curb on
the Library's property. This good will more o❑ the part
of the Library is, in part, responsible for the severity
of the rear setback problem (7-1/2' versus 131).
To properly and efficiently meet the community's need for
library service the Library must maximize tne use of the
site. Good planning and a design practice make expanding
the building along this edge in line with the existing
structure a proper choice.
2) The granting of the variance will not be detrimental at
all to the public welfare; and will not be injurious to
the property or improvements in the vicinity.
,
telephone (509) 838-2707
c ~
~ . . .