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VE-10-80ZONING ADJUSTOR FINDINGS & ORDER Hearing: February 13, 1980 Decision Made: March 3, 1980 Findings Written: March 4, 1980 VARIANCE VE-10-80, RELAXATION OF FRONTAGE REQUIREMENT ZONING ADJUSTOR DECISION: After public testimony and review, the decision of the Zoning Adjustor is to deny the variance, but approve the continuation of the existing mobile home until such time as Stanley Road is improved or the mobile home is moved off the site. A. FINDINGS: Pursuant to Section 4.25.030 of the Spokane County Zoning Ordinance, the Zoning Adjustor has the responsibility of determining that the granting of this application will not be detrimental to the surrounding properties. In assuring compatibility, the Zoning Adjustor based his decision on the testimony presented at the above noted Zoning Adjustor Hearing as well as criteria set forth in the Spokane County Zoning Ordinance for review of this application. The Zoning Adjustor hereby finds the following: 1. The mobile home was originally approved for the site on October 28, 1963 through the issuance of a conditional use permit (CUE-59-63). A building permit was issued on November 7, 1963. 2. Condition #2 of CUE-59-63 required the mobile home to be located in accordance with the requirements for a single family dwelling. Those requirements called for conformance to all setback requirements including a 15 foot flanking street setback. The building permit required the mobile home to be located 15 feet from the flanking street. 3. It was found by the Zoning Adjustor that the mobile home is in violation of Chapter 4.05.110 (a) (3) of the Spokane County Zoning Ordinance. 4. It is the opinion of the Zoning Adjustor that this request should have been processed as a waiver of violation. However since proper notification was given and no persons appeared in opposition, the decision is within the scope and authority of the Zoning Adjustor. 5. It is found that the applicant was not the original owner who located the mobile home in violation of the Zoning Ordinance. The applicant testified that he is attempting to bring the mobile home into compliance with county codes. Therefore, the applicant is acting in good faith. 6. The Zoning Adjustor did find that to grant a variance to allow a mobile home or a residence on a permanent basis would violate the spirit and intent of the Zoning Ordinance. Further, the closeness of a residence to Stanley Road, even though Stanley Road is unimproved would be detrimental to the public health, safety, convenience, and general welfare. 7. The Zoning Adjustor would note that if Stanley Road is ever vacated, then the mobile home would be in compliance with the setback requirements of the Zoning Ordinance. B. ORDER: In order to provide adequate safeguards to the county and the general public, the following conditions are being imposed: 1. The existing mobile home may continued to remain at the existing location until such time Stanley Road is improved. 2. The mobile home cannot be replaced unless the new unit complies with the provisions of required setbacks as specified in the Zoning Ordinance. 3. If and when Stanley Road is improved, the owner of the mobile home shall remove or bring the unit into compliance with the Zoning Ordinance within 60 days from the date of the creation of a road improvement district. 1 VE-10-80, RELAXATION OF SETBACK REQUIREMENT 4. In order to validate this order the applicant shall furnish the Planning Department with the model and serial number of the mobile home. 5. The applicant shall attach to the deed of the property recorded in the Auditors Office the following notice: The mobile home, modell966 Villager and serial number 8219 is in violation of the flanking street setback requirement (see file VE-10-80 Coulston located in the Spokane County Planning Department. C. PARTIES OF RECORD: NONE D. GENERAL DATA: a. Location and Legal Description: Section 23, Twn 25, Range 43 EWM All that portion of the W 125.2 ft. of the NE la of the SE a of Section 23, Township 25, Range 43 daf: Beg at the intersection of East line of Stanley Rd and South line of 8th Ave.; thence South along East line of Stanley Rd. 125 ft.; thence Easterly to Westerly line of Private driveway to South line of 8th Avenue; thence West along South line of 8th Avenue to the true POB. b. Applicant: Gerald O. Coulston North 4221 Ashton Spokane, WA 99027 c. Site Size: Approximately 7,812 sq. ft. d. Proposed Use: Single family residence e. Existing Zoning: Agricultural Suburban f. Variance Requested: Applicant proposes locating a residence within 6 ft. of Stanley Road, an undeveloped County Road. Stanley Road flanks applicants property and requires a minimum of 45 ft. setback from the centerline of all roadway r/w or a 15 ft. setback from the existing property line; whichever provides the greater setback from the ceneterline of the roadway right of way. g. Application of Zoning Provision: Chapter(s) and Section(s) 4.05.110 (a3) !dam sa.., i — cz.v-H THOMAS L. DAVIS, Zoning A ustor 2 ~ ~ . - At said time and place any interested person may appear for, or against, the granting of ; thi s applic ation , k SPOKANE COUNTY PLANNING DEPARTMENT ZONING ADJUSTOR HEARING TELEPHONE NO: 456-2274 TIME: Wednesday-, February 13, 1980. 1:00 p. m. N. 721 Jefferson, Broadway Centre Bldg. PLACE: Conference Room (2nd floor) UAR IANC E ~ - , V E-10-8Q , Re.l axati on of Setbac k_' ReQulrement a. Location; . Se.ction 23, Township 25, Range 43 EWM All th.at portion of the W 125.2 ft. of the NE 1/4 of the SE 1/4 of Section 23, Township 25 , Range 43 daf : Beg at the i'ntersecti on of Easat 1 i ne of Stanley Rd and South Line of 8th Ave.; thence S along East line of Stanley Rd. 125 ft; thence Easterly to Westerly line of Private Driveway as now established; thence Northerly along Westerly line of said Private driveway to South line of 8th Avenue; thence West along South line of 8th . Ave.nue to the True PO6. b. Applicant: Gerald 0. Coulston N. 4221 A shton " Otis Orchards, WA 99027 c. Proposed Use: Single Mobile Home d. Site Size: 7,812 sq. ft. e. Existing Zone: ~.Agricultural Suburban f. Variance Requested: Applicant proposes locating a residence within 6 ft. of Stanley Road, an undeveloped County Read. Stanley Road flanks applicants property and re- quires a minimum of 45 ft.. setback from the center- 1 i ne of al 1 roadway r/w or a 15 ft. setback froiTi the existing property line; whichever provides the greater setbaclc from the centerline of the roadway right of way. g. Application of Zoning Ordinance: 4.05.110 (a3) - - - - - - _ - _ . . 4 ~1 oG~.'~~, . ~ - . ~ 4 ~ y~,i~ , t + LAa k r~ c o J ~ . EY ~t ~ • ~ ~ • o ~ ~ ' ' ' , ~ Ba.fQBo/ ~ , ~ ,ee •~'f Pork c 4-G .T. RA~ _L ~.~..f`~ . w. . ~ N S V ~ .....PA c. R... ....-.R. VE 10 8 R 1, ~ Y~ • I. R61 • EL .~/93~ . . _ . - - ~ SPR" ..i~.'~ ~ ~ y ~ , 2 y~ • ~ 15, 42 . o 5. v I ~i 1 ws * ^:.'v V) ~ vN~ I►V E. c~+ cu ~ U R U v E. ~T H TN vE ~ I ~ . 3 ~ f,~'~'~~ • ~ • . ~ Q Q r.~ ~ T ~ ~E • T M t r►•.' . p , ~ Q•~ z ~ r. 7 T .n ~ p~ T N 0 N • . , . titi~ E qt v x ~ . ~ 8TH W. /►vE 23 . ' 'OD T-" c~ ~ ~ • ~ `S,c~}wo i W wR~o J F• t ~ IOTH . ~ ~ ~.~v • ~ . ~ , > Z ~ IITN , , !AVE, 12~+ J~ J A Z ~ _ fg r-J - IZTN r A vF 12Tri ~ G ~ Ll T ~Iw~_ - ~ r N W _ MI- _ W U j4 TH ~ i E Z W ~ TH 0 ~ $4 .H~ ` ~ ,1 c T N 2 Is 71.4 ~ M AvE. - T N , , . . Z r ►vE Z Z W ~ ~ - - 00 `T , ~ r CT . ~ ~4/ -1000 W S ~ 20Th , TW£NTY _ F t RS T~,ovF I r- w f • _ .11 . ,t OFFICE OF COUNTY ENGINEER ~ Spokane County, Washington Date Fph rtjary 7, 19$(l To: Doua Adams/Planninq . FROM: Dick Hoover/Enqineerinq -te, SUBJECT: Zonin4 Variance Reouests: . CUN-3-80 The 1 egal descri pti on i s not compl ete, however access to the appl i cant's property is from a State Highway and this should be cleared through them. VE-9-80 Applicant must cross the railroad to his property. Whether the railroad will permit a crossing is questionab;e. Assuming no problem with the railroad, access would be from a State Highway and this shoulcl clear through them. UW-5-80 These requests should be considered together. We must know where his access and easement is prior to making a recommendation. If the easement runs south to UW-6-80 the State Hi ghway the matter shoul d al so cl ear through them. VE-7-80 These requests should be considered together. 4Jhile we have no evidence of and any easement across the abutting land it is assumed access is from Scribner UE-8-80 Road. If this is correct and the variances are granted they should be sub- ject to the following condition: 1. Execute a notice to the public that property is served by a private road. VN-4-80 This request covers a segment of a larger parcel. It would appear that if the property has adequate frontage on 8th Avenue there is no need to set a mobile home with 6 feet of the right of way of Stanley. We recommend denial. UN-f-80 The legal description is in error. Assumming this request covers the west half of the south 330 feet of the northeast quarter of the southeast quarter if the variance is granted it should be subject to the following conditions: 1. Execute a notice to the public that the property is served by a private road.