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VE-112-80BEFORE THE ZON 1I!6 ADJUSTOR OF SPOKANE COUNTY, WASHINGTON IN THE MATTER OF: APPLICANT:.Terry M. Thompson REQUEST:Relaxation of Setback Requirement COUNTY CODE: 4.04.150 (a2) FILE NUMBER: VE-112-80 PARCEL #: 23532-0708 DATE OF HEARING: August 6, 1980 DATE OF DECISION: August 22, 1980 DECISION OF: APPROVAL CONCLUSION OF LAW FINDINGS OF FACT BASIS FOR ACCEPTANCE This matter being the consideration by the Zoning Adjustor for Spokane County and pursuant to Chapter 4.25, Section 4.25.010, the Zoning Adjustor has the authority to hear and decide such matters coming before him. After conducting a public hearing to receive all public testimony and after review- ing the public record, examining available information, and visiting the pro- perty and surrounding area, the Zoning Adjustor in accordance with Chapter 36.70.810 Revised Code of Washington, and Section 4.25.030 of the County Zoning Ordinance, hereby makes the following: DECISION TO APPROVE A FIVE (5) FOOT SIDE YARD SETBACK ON THE NORTH AND SOUTH SIDE PROPERTY LINES TO ALLOW THE CONSTRUCTION OF A TWO-STORY SINGLE FAMILY RESIDENCE. CONCLUSION 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 RCW and Section 4.25.030 of the Spokane County Zoning Ordinance. II. That the applicant submitted an application to the Planning Department re- questing 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 within a radius of 300 feet from the subject property. III. 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 hereinafter stated which is deemed to be a Conclusion of Law is adopted as the same. From the Conclusions of Law the Zoning Adjustor hereby enters these: PAGE 2 FINDINGS OF FACT That the applicant filed an application with the Spokane County Planning Department on June 20, 1980 in conjunction with the construction of a single family residence on a lot consisting of .5 acres located East of Spokane in Section 23, Township 25, Range 43. II. That this action was taken after finding that the public health, safety, and general welfare will not be infringed upon. That furthermore, this action conforms to the intent of the Zoning Ordinance and general comprehensive plan adopted by Spokane County. That all matters before the Zoning Adjustor are reviewed by agencies of jurisdiction with the following agencies submitting recommendations to the Zoning Adjustor for consideration: SPOKANE COUNTY ENGINEER'S OFFICE: The office had no recommendations regarding this proposal. SPOKANE COUNTY UTILITIES DEPARTMENT: Responded in a memo dated August 1, 1980 that the lot is served domestic water by Washington Water Power and that the owner agree to participate in any future utility improvement district to pro- vide central sewerage to this lot. SPOKANE COUNTY HEALTH DISTRICT: In a memo dated August 1, 1980, reported that the subject property is served by a public water system and a community sewage system and that they have no recommendations regarding this project. SPOKANE COUNTY PLANNING DEPARTMENT: In the staff presentation, it was reported that this application is in compliance with the established procedures for re- viewing such applications. The applicant is requesting a 5 foot variance from the 10 feet required for a two story structure and that an early start permit was granted by the County Building Codes Department to allow the construction of a foundation. IV. That the subject property is located within a Planned Unit Development known as Riegel Heights. That adjacent property owners have submitted letters to the file giving consent to the variance. Further, the proposal was given approval by the Architectural Review Committee for Riegel Heights. A letter dated June 18, 1980 from the President of Riegel Heights Homeowners Association and made part of this file .confirms that the project was given their approval. V. That a granting of a variance will not be detrimental to property and improve- ments in the vicinity. It is found that by allowing a structure to be located 5 feet from the side property lines with a Planned Unit Development, the spirit and intent of the Zoning Ordinance is being upheld. The intent of requiring setback distances is that of affording adequate distances between structures to insure that public safety, welfare, light, air, and aesthetics are not being violated. The applicant's proposal would not be an in intrusion on any neighboring properties because of orientation of the residence and topography of the lot. VI. It is found that the subject property does have special circumstances in location and topography. The lot is a sloping lot with rock outcropings that would prevent any encroachment of structures into required yard areas. Because of the slope, the proposed structure would appear to be approximately the same height as the adjacent residences to the south. VII. That it is the Zoning Adjustor's conclusion that the appearance of the re- sidence would be compatible with the intent and purpose of the Reigel Heights Planned Unit Development. PAGE 3 VIII. The opportunity was afforded at the hearing to any interested person to testify regarding the applicant's proposal. No one appeared nor any written comments were received in opposition CONDITIONS OF APPROVAL That the proposed project shall be in substantial conformance to the plot plan on file with this application, and shall observe all setback requirements as prescribed by the Spokane County Zoning Ordinance. Ae ORDERED this a3 day of DA,,,, 1980. ATTEST BY: Spokane County Planning Dept. vm ev. ZONING ADJUSTOR FOR SPOKANE COUNTY, WASHINGTON - ~r ~ • . s At sa7 d time and pl ace any i nterested person i>>ay appear for, or agai nst, the granti ng of this application. ` SPOKANE COUNTY PLl1NN IPJG DEPARI'MENT ZONINr ADJUSTOR HEARING TELEPHONE PJO: 456-2274 A TIME: ulednesday, August 6, 1980 1:15 p.m. PLACE: N. 721 Jefferson, Broadway Centre Bldg. ~ Conference Room (2nd floor) I • VARIANCE VE-112-80, Relaxation of Setback Requirement a. Locati on : Secti on 23, Tovrnshi p 25, Range 43 EWM Lot 8 Riegel Hts. Planned Unit Development Parcel 23534-0708 , b. Applicant: Terry M. Thompson " 3524 W. Crown Pl. Spokane, WA 99208 - c. Proposed Use: Single Family Residence d. Site Size: .5 acres e. Existing Zone: Ag ricultural - f. Variance Requested: , Applicant proposes a 5 f t. side yard setback on the,east and west property lines for a , two-story structure whereas the Spokane County ~ Zoning Ordinance requires 5 ft. for each story of the building (which would be 10 f t. f or a a two-story structure) g. Application of Zoning Ordinance: 4.04.150 (a2) . ~ , , < 9 r ~ - . . • , ~ ~-'~~~A ~ ~ ~ z " , y{~ • 59 ~ ;JL- 0 ~ ~t . ~ ' Cr ~ t y~ ~~.1• , ~ ~ , 1'i/ ~3 Y ~ 7 t j p . ~ , b_ - 3 ' ~ ~ T N . W ~ ~ C'~t ) l f ~'1 r +1.' - Y{~.~,Si► ~ g.~i•---. ~ w00'o ~ T v` r, 8~~ 41 IL v ,r~ , r ' ' , y tD ~ ~ ~ j • 23 j ~ . - - . + ' 40* ~J 10T M i ~ .r}'• + A c o ~ ~ ,S lst9 7 t4 ~H ~ r ~ 7 H W ' ~ t►-"~ ~ ~ ~ ~ N ~ CTH - ' ~ ~ ' Z' ~o~ ' . . ~ ~ _~,r • 4 ~ _ L~-~' _ _ - l ~ ~ , . , • ~ ' • z R ~ ~ ,1 _ t u .3 t(~'~ . n j ~ 1~~ , --L 0 kb - . - ~ ~ . e~~ y ~ ✓ ~ ~ t G s u \ ~ d,r ,Q. ~~I~ • ? A4~ ~ lJ i fo RO 'M ~ co EL y 3 - o ~ ? 20, TWEt,1T ~ y ^ N 26 ' i - • - . . }-3C,:1' ~ O' ' N .t . ~ 1 ` _ ~ • . C~ N z Cl ` 1 N' Cl a~. 1 v✓ EN7 Y S~~ ~ t~ ~ 1 (j I , r--~ 2 5..-~ _1Qo( N N ~ ~ J A 60 7 5~, 57 58 tY , ~ 29 a 49 5 rUr,,,~ 51 47 45 c, 4 rj l ✓ Z ~ ~OFH'I(:h: ()H C:OUN'l'Y N:Nt:1 Nh h.!t SNukane- Couiicy, Wdshingtagi "1'0: 'LUN1NC, A!)JU51'Ot1 F ttUM: Bob tirurgg<<uan, I,ngineer's t)ffice SUBJECT: (;ouitty E«gineer's Recunanectcia Cions UATE : Ju 1 y 31, 1980 VE-114-80 If appruved: Arplicant shall execute notic:e to the public that this property is 5erved by a pcivate roaci. VE-112-80 No conditions at Chis [irne. CUW-26-$0 If approved: Applicant shall dedicate the north 10 feet of the advertised proper[y for roedway purposes. Applicant shall agree to . participate fn any future RIU or CRN involving applicants property. VW -117 -80 I f approved : Applicant shall execuee notice to the public that this property is served by a privaCe rc,ed. VW -118 -80 I f approved : Applicant shall execute notice to the public thaC this property is served by a private road. VE -115 -80 I E approved : Applican[ shall execute notice to the public that this property is served by e private road. VE-116-80 IL approved; Applicant shall execute notice to [he public that this property is served by a private road.