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VE-82-80BEFORE THE ZONING ADJUSTOR OF SPOKANE COUNTY, WASHINGTON IN THE MATTER OF THE APPLICATION OF JO ANN WOLTERING FOR A VARIANCE FROM SECTION 4.02.020 (27d) SPOKANE COUNTY ZONING ORDINANCE FOR RELAXATION OF HOME OCCUPATION SIGN REQUIREMENT FINDINGS OF FACT, CONCLUSION OF LAW, AND DECISION FILE NUMBER: VE-82-80 DECISION: DENIAL DATE OF ORDER: June 25, 1980 PARCEL #: 23531-1024 This matter being the consideration by the Zoning Adjustor of Spokane County of a variance application in conjunction with a proposed home occupation sign and pursuant to Chapter 4.25, Section 4.25.010 granting the Zoning Adjustor the authority to hear and decide such matters coming before him, and after con- ducting a public hearing on June 11, 1980 to receive all public testimony and after reviewing the public record, examining available information, and visiting the property and surrounding area, the Zoning Adjustor in accordance with Chapter 36.70.810 (2) Revised Code of Washington, and Section 4.25.030 (b) of the County Zoning Ordinance, hereby makes the following: FINDINGS OF FACT I. That Jo Ann Woltering, hereinafter referred to as the "applicant" filed an application on Aoril 23, 1980 with the Spokane County Planning Department for a variance in order to construct a 20 square foot sign to advertise a home occupation on a site consisting of 1/4 acre, located east of Spokane legally described as follows: Section 23, Township 25, Range 43 EWM West 70 ft. lot 23 & 24 Blk 10 Eastwood Addition. II. That it must be found that a granting of a variance will not be detrimental to property and improvements in the vicinity. The Zoning Adjustor concluded that home occupation requirements are designed specifically to prevent any out- ward appearance of a business and that such activity will not change the resident- ial character of the home or neighborhood (refer to 4.02.020 (27)). A 20 square foot sign would in fact change the appearance of a residence to that of a business. That in reviewing the Zoning Ordinance, Section 4.02.020, it is stated in part "An occupation which does not comply with the following criteria shall not be deEmed a home occupation." Permitted signs for home occupations "shall be limited in size to a maximum of two square feet..." (refer 4.02.020 (27d)). It is found that there are no precedent setting cases to justify the granting of a variance . That the intent of the requirement of maximum 2 square feet is clear and binding. Further it was not demonstrated at the hearing that a hardship does exist because of special circumstances. The applicant is not being deprived of rights and privileges enjoyed by other properties in the vicinity and under identical zone classification. If a variance was granted, it would be a granting of a special privilege which would be inconsistent with limitations placed upon the other home occupations. VE-82-80 IV. It is found that the applicant had originally erected a sign within the required front yard and in violation of the Spokane County Zoning Ordinance. However, the applicant acting in good faith and with every intent to comply with the provisions of the Zoning Ordinance, had removed the sign and is seeking relief with this application. V. The Zoning Adjustor found that the applicant does have an identification problem, but find there are alternatives available to the applicant in identi- fying the location of the home occupation activity. The applicant stated that usually initial customer contact is by phone or correspondence whereby the applicant would have the opportunity to give location instructions. Identifi- cation may be in different forms other than signs such as a unique feature of landscaping in conunction with a permitted home occupation sign. VI. That on May 16, 1980 the Spokane County Planning Commission did hold a public hearing to consider proposed amendments to the Zoning Ordinance. Under discussion of home occupation, the Planning Commission was of the opinion that sign size of 2 square feet was adequate and recommended that no change be made. However, the word "flat" was removed from the sign provision which now reads: "d. Signs identifying a home occupation shall be limited in size to a maximum of two square feet, be unlighted, and be placed against the building housing the home occupation. VII. Testimony was received in favor of the applicant's request stating that it is difficult for customers to find the business from 4th Avenue. There are several mobile homes within theneighborhood which contributes to the problem of identification. The applicant's residence is a mobile home. The applicant testifiedthat the sign could be reduced in size from the 20 square feet request- ed. VIII . That this action taken is supported by the above noted findings. However as noted in finding V, the applicant does have some identification problem with possible alternatives available. To this extent, the Zoning Adjustor finds that a limited time period to require compliance would be in order thus allowing the applicant time to get established. IX. Any Conclusion of Law hereinafter stated which is deemed a Finding of Fact herewith is adopted as the same. From these Findings, the Zoning Adjustor comes to these: CONCLUSIONS OF LAW I. That the Zoning Adjustor of Spokane County has jurisdiction over the issuance of the building permit for the project to the applicant pursuant to the provisions of Chapter 36.70.810 (2a) and (2b) RCW and Section 4.25.030 (bl) and (2b) of the Spokane County Zoning Ordinance. VE-82-80 II. That the applicant submitted an application to the Planning Department requesting a public hearing before the Zoning Adjustor, and that pursuant to Chapter 36.70.840 and Section 4.25.040 of the Zoning Ordinance, notice for a public hearing was given through the United States mail to all property owners of record within a radius of 300 feet from the subject property. That all citizens and public agencies having jurisdiction notified were afforded the opportunity to testify or submit written comments on the proposed project. IV. That pursuant to the above cited provisions of law, Findings of Fact here- inabove substantiates approval of the application and issuance of a building permit for the project. V. Any Finding of Fact hereinabove stated which is deemed to be a Conclusion of Law is adopted as the same. From the Findings of Fact and Conclusions of Law the Zoning Adjustor hereby enters this: DECISION TO DENY THE APPLICANT'S REQUEST FOR A VARIANCE TO ALLOW A HOME OCCUPATION SIGN TO EXCEED THE REQUIRED MAXIMUM OF TWO SQUARE FEET. FURTHER, THE APPLICANT SHALL BE IN COMPLIANCE WITH THE SPOKANE COUNTY ZONING ORDINANCE WITHIN 6 MONTHS FROM THE DATE OF THIS ORDER. DATED this day of ; - -,,{- , 1980. ZONING ADJUSTOR FOR SPOKANE COUNTY, WASHINGTON ATTF�ST BY / , ✓ Spokane County Planning"Dept. i . - - + , . ( At 5UIL1 ti►l►~ anc1 pluc:U U11Y 111tc;1*c~Lcci persun muy zippear for, or agalnst, thi-: yrantiriy of ! thi s dPP1 1c dtiori , SPUKANI: COUNTY f'LANNING DLPA111'ML:NT ' . - 'LONING ADjUS'1'OC2 f1L'AR1NG TELEPHONE NO: 456-2274 '1'INiL; Wednesday, June 11, 1980 1:15 P.M. ` N. 721 Jefferson, Broadway Centre Bldg: i PLACE: Conference Room (2nd fioor) VARIANCE • VE-82-80, Relaxation of Home Occupation Sign Requirement a. Location: Section 23, Township 25, Range 43 EWM West 70 feet lots 23 & 24 Block 10 Eastwood Addition. b. Applicant: Jo Ann Woltering E: 5620 4th Avenue Spokane, WA 99206 c. Proposed Use: Relaxation of Home Occupation Sign Requiremen d. Site Size: 1/4 acre . e. Existing Zone: F12sidentia.l Mobile Home f. Variance Requested:' Home Occupation signs shall be limited to a maximum of 2 square feet in area whereas , the the applicant requests a sign of 20 sq. ft. in area so as to be visible to freeway traffic. g. Application of Zoning Ordinance: 4.02.020 (27d) ~~N~t tJ w ( - G f • ~ L~9„ , t . G ~ . a 90 • . ~ R , t P ~ . ~y : , • Av 14 t ~ , . Z ~ C~ . ~ • 't~ . . 1 Q ~ Y ~ria~+: • , Q t . ~ ryl l, l ~ 1 _•o ~ Q, p~rX'`~ ~ _ ~ L' p„ v L 8~~ ST . _ f ` PR, G pv I GA ~ .rr ~ • ~ , bNru~.RR2--''.~ cr _ ~ ; 9 ~ ~ _ - . f " - X , • . • ° , ~ ; J51 Ctta< < P.vE , . a. - ul~ - W , J ► 5'T ; t LU a ro Y H . ~ z j' Y~_ ~J a 7 TH ~ • r~ uiI t1C, r►+` A`'~. 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''1' F1.~« ~s~ M1✓•.. ~ (,JG. ~ . . yw~~,~•,~v,~ w.:•,~ ~ v ~ ~~.'fi.~~p'. ~:a C1A- • ~'i;h~' y'~~{"'p'~>f~,` ; ~ ~~7rw~~t~~~ ~•~~w ~ b 'i. ,>Jf:~?jj.~;~ = ~A 1 • , z 5 1 . . .,f. ~ ~ ~ ~ i ♦ ~ F •ry ' S . . • ` ~ . 1 ' L• . ) ~ •r~►~ - . ~v{. 5 , . f 'GL~ ~ 1`~ V . ,i'='o;'i"~`` .•r J . ~ ~ UFFICE OF COUNTY ENGINEER Spokane County, Wastiingtun TiO: ZONING ADJUSTOR FROM: Bob Brueggeman, Engineer's Office SUBJECT: Coun[y Engineer's Recommendationa DATE: June 4, 1980 VN-79-80 If approved: Applicant shall exacute cwtice to the public that this property ie aerved by a private road. VN-78-80 If approved: Applicant shall execute notice to the public that this property ie eerved by a private road. VN -7 7-80 I f app roved : Applicant ehall execute notice to the public that thie property is aerved by a prxvate road. VN-76'-80 If approved: Applicant shall execute notice to the public that this property ie served by a private road. VN -81-80 No conditioaa. CUN -14 -SO No coaditione. VE -82 -80 I f epproved : . Siga muet be lcept out of County right of way. VN-80-80 If approved: Applicaat ahall ebree to participate in any future RID or CRP involviag applicants property. CUN -13 -80 I f approved : Application of zoning ordinance 4.24.080 which in turn refers to zoning ordiaance 4.12.070 article #3 would be required for the anaintenance of Che private haul road from the site. VW -74-80 Recommend deaixl due to inadequate sight distance for access easeuient onto 5unset Iiighway f roatage road.