VE-47-81
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gla A it,
ti ~ N 1
BEFORE THE ZUNING AUJUSTOK OF JUN -5
SPOKANE COUNTY, WNSHIVION ,
IN THE h1ATTLR OF :
NPPLICNNT: MAKOBIT, INC. ) DECISION
REQUEST: RELAXATION OF SETBACK REQUIREMENT) FINUINGS OF FACT
COUNTY CODE: 4. 11 .090 (e ) ) GUNCL►JS IONS OF LX~1
FILE NUMaEK: VE-47-81
PAKCEL 14531-2306
DATE OF HEARING: MAY 20, 1981
DATE OF DECISIQN: JUNE 2, 1981
RLPRESENTED BY: CHKIS SCHNOEUER
UEC I S IUN
The application is appraved.
This decision will allow an addition to an existinq
commercial building to be located 5 feet from the
flankinq street property line.
INTRODUCTION
This matter being the consideration by the Zoning Adjustor for Spokane
(;ount.y and pursuant to Chapter 4.25, Section 4.25.010, the Zoning Adjustor has
the authority to hear and decide such matters cominq before him. After con-
ductinn a oublic hearinq to receive all public testimony and after reviewing
the public record, examining available information, and visitina the property
and surrounding area., the Zoning Adjustor in accordance with Chapter 36.70.
810 Revi sed Code of Washington and Section 4.25.030 of the county zonina ol-d-
inance hereby makes the following Findings of Fact and Conclusions of Lavi
hereinbelow stated.
The aoplicant, Makobit Incorporated, filed an application with the
Planninq ilepartment on March 19, 1981 requesting a variance approval for re-
laxation of flankinq street setback. The subject property is located eas~ of
Spokane in Section 14, Township 25, Ran(_;e 43.
That on May 20, 1981 a publ i c heari ng was hel d before the Lon i ng ;ad.j us tor.
After concl usion of testimony the matter was taken under advi sement for revi ew
and decision. A preliminary decision of approval was made on Mav 22, 1981.
FINDINGS OF FACT
I.
'T'he appl icant i s proposing an addi ti on to an exi stinQ bui 1 di na that wi 1 1
be located five (5) feet from the oroperty line or 25 feet as rneasured from
the centerl ine of Mal lon Avenue.
II.
That Mallon Avenue which is considered a minor street at this ooint has
currently 60 feet of right-of-way width. However, a petition to vacate 10 feet
of right-of-way width has been submitted by the applicant to the Board of County
Conuni ss i oners . The Count.y Engi neer' s Offi ce i n a rremo da ted May 13, 1981 ha s
acknowledged that they vrill reconmiend to the Board that the vacation requP.St
be aranted.
III.
The applicant testified that the needed expansion can only be made into the
flanking street setback area. The place of business is a truck service area
p rovidinq repair service to semi and combination trucks. Drive throuqh stalls
are imoarative.
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DAr, E 2
VE-4 i-8l
IU. I
From examination of the plot plan on file with this application and •
niarked as Exhi bi t A by the Zoni ng Adj ustor, the Zoni ng Adj ustor concl uded that
the applicant's proposal does allow sufficient room for inqress and egress of
trucks. That the clear view triangle for the intersection of Yardley Street
and Mallon Avenue will not be violated. That clear visability for safe vehi-
cular travel is assured.
v.
From on-site review, the Zoninq Adjustor finds that the applicant's request
is reasonable. That sufficient area is available for parking and storage.
Further, there is a structure located at the southwest corner of Mallon Avenue
and Stanley Road which is located nea r the abutting stree ts and not in com-
pliance with the setback provisions of the zoning ordinance.
VI.
The proper#:y and 5u►-1-oundiny area is zoned I;estr-icted Inifustrial. Setback
requirements for flanking street is a minimum of 50 feet f rom the centerline of
the roadway or 20 feet from the property line, whichever distance is the great-
er. (Refe rence 4.11.090 (e3)). The apolicant's request is to rela x this re-
quirement to a minimum of 5 feet from the property 1 ine or 25 feet frorii the
cente rline of Mallon AvenLie.
ViI.
The opportunity was afforded at the hearing to any interested persons to
testify reqardinq this proposal. No one appeared nor any written comments were
received in opposition..
VIII.
Any Findi ng of Fact stated herei nabove whi ch i s deemed a Concl usion of Law
hereinafter shall be adopted as the same.
CONCLUSIONS OF LAW
r
1.
That the Zoning F+djustor i'o►- Spokane Caunty na; jurisLliction QVer tile
issuance of the buildinq permit for the oroject to the applicant pursuant to
the provisions of Chapter 36.70.840 RCW and Section 4.25.030 of t-he Spokane
County Zoning Ordinance.
II.
That the applicant submitted an application to the Planning Department
requesting a public hearing before the Zoning Adjustor, and that pursuant to the
provisions of Chapter 36.70.840 and Section 4.25.040 of the zoninq ordinance,
notice for a public hearing was given through the United States mail to all
property owners within a radi us of 300 feet from the subject pronerty.
III.
That al l ci ti zens noti fi ed and agenci es havi ng j uri sdi cti on were af forded
the opportuni ty to tes ti fy or s ubmi t wri tten comrnents reqardi ng the proposed pro-
ject.
IV.
The applican t was able to demonstrate to the satisfaction of the Zoning
Adjustor that there is a unique hardship associated with the property in that
placement of the euilding was limited because of the need for drive th rough
stalls to accommodate larqe trucks.
V.
It is concluded by the Zoriing Adjustor that the purpose for setback require-
ments is to afford adequate light, air, and aesthetics to insure public safety
and general welfare. Normal ly these setbacks are associ ated wi th resi denti al
. PAGE 3
VE-47-B1
uses of pt-operty. Where setbacks are relaxed o?, not r-equi red, the Uni forrn
Buildinq Code applies, and thereby, protecting the public health, safety,
and general welfare. To deny setback relief for commercial and industrial
buildinqs where no residential units are involved and where safe vehicular
traffic is not being neglected would be in this instance an unreasonable use
of zoning law. Furthermore, to requi re comol iance wi th setback requi renients
for industrial zoned oroperties may create an unnecessary economic hardship
upon the owner of such prooerty. Yard space in most cases would become an
unusable area. It is noted that the zoning ordinance does not requi re any
side yard setback from a property line if the adjacent property is not zoned
residentially. (Reference 4.11.090 (e) of the county zoning ordinance).
VI.
The Zoning Adjustor concluded that this action will not be materially
detriniental to the oLiblic tvelfare or- in.jurious to properties or imorovements
in the vicinity.
CONDITIONS OF APPROVAL
1.
The property shall be developed as presented in this application and in
accordance with the approved plot plan on file and marked as Exbibit A.
II.
Al 1 requi red bui lding perini ts must be obtained.
~
ENTERED THIS ` DAY OF L ~r_,~ , 1981 PURSUANT TO THE NUTHORITY
GRANTED UNDER COUNTY CODE,~~SECTI~N 4.25.030
/
i.~ ~~9 Gc tYl • L ~it ~-t-y
THOMAS L: DAVIS
ZONING ADJUSTOR FOR SPOKANE
. COUNTY, WASHINGTON
ATT T BY:
CLERK TO THE 0 I G ADJ OR
. . + . . , . . -
t '
fT
ZONING ADJ11STOR
SPOKANE COllNTY, WASHiNGTON
IN THE NiATTER OF ; 'CUN46-83 } TEMPOI~RY RESIDENC'~ FOR aEPENDENT } FINDINGS OF FACT7 DECiSION
~~LATIVE - HOWEL1, ~ AND CONDiTION
THIS MATTER, C3eing the corasideratioii by the Zoning Adjustor of Spokane
Count,y= aPprcavinq the application (CUN-25-83), for the purpose af establishi~~g ci
temparary resi dence for the appl icant's wi fe' s parents, herei nafter referr~ed to
as the "Proposal"} and the Zaning Ad,justor of Spokane County having he1 d a ptih ~ ~ c
hed?"1T1g [7n JUly 13, 1983, a~d h3V7ng fUlYy con51 C~ered all test11Ti0f1y p1""eSen~ee!.
thereat, and further having visited the site and vicinity in question, and hav-1rm,q
rendered a deeision ort the 13th day of July, 1983, approving saidproposal , raOP-S
hereby make the followinq;
FTINDINGS Or FACT
1. That prt3pQSal 7s get1e1"~~ly l(3Gdted ed5t Llf Pegal Rodd, WoSt f~f PIai"ket,
~outh. of Moustan, and north of F'ranci sAvenue, in Secti on 27-26-43, in Spvkar~~
~ounty. Parcel r'27633-1414.
2. Yhat the prvposal consists af establishing a temporar~y residence ~or a
wbile home within the unclassified zone af 5pokane County.
3. That the advpted Spokane Cpunty General ized Comprehensive Land Use i lan
7ndieatedCvmne rci a1 us age of the area en corrpasse dby the prapasa7.
4. That the site zs zaned l9nclassifiecf.
5. That the existing land uses 7n the area af praposal consist qener-al'v k-if
residential uses on 1 ot sizes 'IrOfl7 10,000 square fec-A Lo 1;12 acre;.
6, That the applicant indicated he un+derstoQd the Iii-iiiYations iii7noseci .,i-irer
the tems of Spokane County Zon?ng Ordirrance 4.24,560, and understoad if the
temporary resi dence is desi red for ~ore than a year the ~~J,D1 i'--,at1ar1 Vri l1~~a%io ;.n
be renewed=
7. That the applic~~~~ ~greed to rei6tove 'Lhe residen-tial nacbile hoiie fr-cii-I L-he
property i.f the dependent r~elativ+es no long o+ccupy the structure.
8. That no adjaining property owners appeared to oppose the project as r)}.oposed.
9. That the applicant has submitted a written statement from a l icensed
phys i. cian stating the nature of the dependent re1 ati ve`s status.
10, That proposal otherwise Pieets all curren~ standards the Spcir-►de
County Zoning Ordir~ance for° this use.
11. That the prvper lega~ requirerrieiits for advErtisine
~ of the hearino bepc+,e
the Zoning Ad,justor of Spoka~~ ~~unty have been met.
COCJ i~LUS I CIN
1. That the proposal is compatzbl e~,,i th exi sting uses i r7 the Lnrea.
2. That the prQposal i s not detrimerltdl or othervise 1ic-if~-Efu1 ~o the Pub1 i c
health, safety and we1 fare.
DECI_SI ON_
F! om th e fore'~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ gs., a, re' ~ ~ ew 4~ ~ the Planning L~'~ partmen v F ile
CUN--26-$34 testimvny at the public hearing, and a s3te visit, the Zon7na Aciij.~;}~k,
hereby in approving the pnra~asal make~ the fv1lowing conditions: ~ ~ ~
' FINDINfS OF FACT, DECISIGN AND CONDITIONS File CUN-26-83 PnGE 2
A. COUPJTY PLANNING DEPARTMENT
1} The manufactured home shal 1 be 6s defi ned i n Chac~
2) The manufacturedhome shall be occupied by either• thc dcpendent rel uti
and fami 1y, or by the rel ati ve and fami 1y provi dinq care to the depend,m.
relative owninq and occupying the principal resi dence.
3) Upon termination of the need for care or the. sale or lease of the oro~~~rty,
the appl i cant shal l remove the manufactured home from the si te wi thi ►l
forty-five (45) days.
4) A statement shall be attached to the deed and recorded i n the County
Audi tor's Offi ce stating that the manufactured home i s temporary and
for the use of the dependent rel ati ve for whi ch the Condi tional Use PeoTli t.
is approved and not considered a permanent structure to be transfer-r-ed
with the property i f sol d or leased.
5) The placement of the manufactured home shall be in compliance with all
plat dedications.
6) The temporary resi dence shal l be "accessory" only to a parcel, or t rac*
of land under the ownership or lease by the anpi ir:a n} f or- t~;e Con(iit:;1
Use Perr:ii t .
i) Ttie flloui 1 i ty gear shai 1 not be r Li110V@d, ai-id the iI11 t sral 1 not be
anently affi xed to the 1 and, except for temporary connecti ons to uti 1 i t~ ; or
8) On1y one temporary residence may be permitted on a 1ot, parcel or tract,
of 1 and un der the ownershi p or 1 ease by the appl i cant for the Con di ti ar.~l
Use Permit.
9) The permit shall be granted for a period of one year and may be re!ieweci
admi ni strati vely by the Di rector or hi s desi gnee upon the recerti fi cati o;i
by a 1 i censed physi ci an that the medi cal probl em sti 11 requi res care o f
person or praperty. The renewal period shall be ever-y ~year Fram thQ rl~~tp
of the original permit.
B. DEPARTMENT OF '?UI! D:~jG AND S!'NFET'.`
1) A11 mobile ho;nes rc-1-jui re as pe►- Section 3'.3).C~10 o-` Ti file
Spokaiie County Code.
C. UTILiTIES DEP,",,!:T",1ENT
1) Pursuant to the Board ol' County Commi ssi oners F;esol uti on Nlo. 80-041 L, the
use of on-si te sewe r di sposal systems i s hereby authori zed. Thi s authori z:j-
ti on i.s con di ti oned on compl i an ce wi th al 1 rul es an d regul ati ons of the
Spokane County Health District and is further conditioned and subject to
specific application approval and issuance of permits by the Healtli Disti-ict.
2) The Owner(s) or Successor(s) in interest agree to authorize the County te
place their name(s) on a petition for the formation of a ULID by qetitin►►
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 petitior";
agai.nst the formation of a ULID by resol ution method pursuant to RC4! 36. 9,i
which includes the Owner(s) prooerty. PROVIDED, this condition shall net
prohibi.t the Owner(s) or Successor(s) from objection to any assessn-ent(s)
on the property as a result of iriiprovements called for in conjunction witil
the formati on of a ULID by ei ther peti ti on or resol uti on un de r RCW ''harte r
36. 94.
31 Any water service for this project shall be provided in accordance with
the Coordinated Water System Plan for Spokane Count_y, as amended.
E. ENGINEERING DEPARTMENT
1) No conditions.
DATED THIS 20TH DAY OF JULY, 1983.
D Svu,NTY, AMS, N NG ^GJUSTOR
`;PpE~Af~E !,lASHINr-'TON