CUE-15-81
4o, .
BEFORE THE ZONING ADJUSTOR OF
SPOKANE COUNTY, WASN I NGTON
IN THE MATTER OF:
APPLICANT: GLAU T I DI Nv5 ASSEiv1BLY UF j UECISION
GOD CHURCH ) CONCLUSivi,,' UF LA`~%'
REQUEST: OFF-STREET PARKING FACILITY } FINDINGS OF FACT
COUNTY CODE: 4.04.170 Q and 4.24.310 )
FILE NUMBER: CUE-15-81
PARCEL 23532-4102; 23532-4104;
and 23532-4103
DATE OF HEARING: JUNE 10, 1981
DATE OF DECISION: JUNE 18, 1981
DECISION I
The application is approved.
INTRODUCTION
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 corning before him. After
conducting a public hearing to receive all public testimony and after reviewing
the public record and examining available information, the Zoning Adjustor in accordance with Chapter 36.70.810 Revised Code oF Washington and Section
4.25.030 of the Zoning Ordinance hereby makes the following Findings of Fact
and Conclusions of Law hereinbelow stated.
The applicant, Gald Tidings Assembly of God Church, filed an application
with the Planning Department on April 17, 1981 requesting approval to allow
construction of an off street parking facility and garage. The subject property
is located East of Spokane in Section 23, Township 25, Range 43..
That on June 10, 1981, a public hearing was held before the Zoning Adjustor.
After receiving public testimony and accepting the file from the Planning Department,
the Zoning Adjustor placed this matter under advisement for review and decision.
A preliminary decision of approval was made on June 12, 1981.
CONCLUSION OF LAW
1.
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. 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 5ection 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.
II.
That all citizens notified and public agencies having jurisdiction were
afforded the opportunity to testify or submit written comments on the proposed
project. No one appeared nor any written comments were received in opposition.
III.
It is the Zoning Adjustors conclusion that a Conditional Use Permit for
which the applicant is requesting is in keeping with the character of the neighbor-
hood and that of the Agr-icultural zone classification. The nature of the Conditional
Use Permit process and the authority conferred allows for flexibility and the
imposition of special guidelines considered essential and desirable to mitigate
any adverse effect upon the neighborhood prcper-ties while upholdinc, tf~e spir,it
and intent ot' the Zoning C~rdinance. ~
I ~ is fur•ther ccncluded thal since tf-ie Zoning Ordinance authori~r:s si.,ch
uses upon the finding that it will not be detrimental to the adopted Comprehensive-
Plan and sur•r•ounding properties and where the applicant can meet all the
prescribed conditions, this permit cdnnot be denied.
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' FILE #CUE-15-81
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V.
Pursuant to Section 4.24.010 (b), the Zoning Adjustor reserves the right
to stipulate restrictions or conditions that would uphold the spirit and intent of
the Zoning Ordinance and to mitigate any adverse effect upon the neighborhood
properties. Permits may be suspended or revoked after public hearing and a
finding by the Zoning Adjustor that a permittee has failed to comply with such
restrictions or conditions.
VI.
That pursuant fio the above cited provisions of law, Findings of Fact
hereinbelow substantiates action taken regarding this application. Any Finding
of Fact hereinafter stated which is deemed to be a Conc{usion of Law is adopted
as the same.
FINDINGS OF FACT
1.
The applicant is proposing a parking lot and vehicle storage garage on a
parcel of land 40,500 square feet in size and loca-ted within -the Agricultural
zone classification. The parking facility is to be used in conjuction with the
Glad Tidings Assembly of God Church located at E. 4224 4th Avenue. Section
4.04.170 (Q) and 4.24.310 allows for such use in accordance with conditional
standards as prescribed in Section 4.24.310. The Zoning Adjustor finds that
the applicant's proposal is in compliance with those condiCional standards.
However as a result of onsite review, the Zoning Adjustor has reduced the
required landscaping as stipulated in Standard U.
II.
It is found that portion of the parking area has been completed. The
Zoning Adustor found that no9previous conditional use permits havelbeen issued.
The existing parking. area is paved and parking stalls marked. A fence has
been installed to regulate internal traffic circulation. It is noted by the Zoning
Adjustor that the parking area is bounded on three sides by streets with the
East side of the property being adjacent to single family residence, one of
which is owned by the appficant. Because of exis-ting conditions found on site,
the Zoning Adjustor finds that compliance with the intent of standard condition
b8 can be met by requiring screening along that portion of the parking Ibt
adjacent to the residence located at E. 4308 6th Avenue. The orientation of
parking stalls at this location would cause glare to the residence from car head
lights. The screening may be accomplished either by live plan-tings or fencing.
By placing as a condition of approval a requirement tihat screening be completed,
the Zoning Adjustor has determined that the parking facility will be in compliance
with the conditional standards of Section 4.24.310.
III. -
It is noted in the file that an environmental checklist was filled outi by the
applicant as required by State Environmental Policy Act in accordance with
Chapter 43.21C RCW and WAC-197-10. However, a notation on the checklist
indicated that the checklist was not needed. Apparently, the Planning Department
ruled that the proposal is exempt from the SEPA provisions.
IV.
The subject property is zoned Agricultural which is a land use classification
suitable for farming and agricultural pursuits. However, the area had developed
into a residential neighborhood on urban size lots. The parking facility would
therefiore be a more compatib►e use with neighboring properties than some uses
permitted out right in the Agr•icultural zone. It is further noted that the City
of Spokane corporate limits are along Havana Street which abutts the subject
property on the Wes-t side.
V.
The 1981 Comprehensive Plan had designated this area as Urban. The
purpose of the Urban Category is to provide the opportunity for development of
a"city-like" environment which includes various land uses, intensive residential
developmenfi and public facilities and services. Parking facilities would be
considered accessory uses to those primary uses encouraged wifihin the Urban
Category. By requiring screening to make such uses compatible with adjacent
residential properties, the intent of the Comprehensive Plan is being met.
v
FILE- #CUE-15-81
VI.
The file confiains comments and recommendations from County Departments.
After reviewing the recommendations, the Zoning Adjustor makes the following:
1) The County Engineer's Office had recommended that the applicant
agree to participate in any Road Improvement District.
The applicant argued 'that the streefis are a full 60 feet of right of
way and are paved. The Zoning Adjustor confirmed that the streets
are paved and have 60 feet of right of way. The Zoning Adjustor is
not requiring this as a condition of approval. Should the Engineer's
Office feel that improvements may be needed, then it would appear that the condition could be imposed on the access permit required at
the building permit stage. •
2) The Department of Utilities had recommended certain conditions involving
a structure with sanitary wastes. The app(icant is not proposing
sanitary facilities for the parking facility, and fiherfore, on-site
sewage and double plumbing requirements are not applicable.
VII.
The Zoning Adjustor concluded that the applicant's proposal is adequately
designed to afford compatibility with the surrounding properCies. With required
screening, the adjacent properties will be protected.
CONDITIONS OF APPROVAL
1.
The applicant shall within sixty (60) days from the date of this Order,
complete required live plantings along that portion of the parking lot adjacent
to the residence located at E. 4308 6th Avenue. Said screening shall be approved
by the Zoning Administrator and in keeping wi-th the intent of Finding II. In
lieu of landscapping requirement, the applicant may employ either fencing or
re-orientate the i.wo east tiers of parking stalls to North-South alignment in
order to reduce glare to the adjacent residence.
II.
That any new exterior lighting shall not extend over the property -boundary.
III. -
The applicant shall develop subject property in accordance within the
concept presented to the Zoning Adjustor. Minor variations when approved by
the Zoning Adminisfirator will be permitted, including, but not limited to the
following changes: Building location, landscaping or screening. The proposal
and any other variations must conform to regulations set forth in the Spokane
County Zoning Ordinance. The original intent of the development plan shall be
maintained.
IV.
The additional parking area shall be paved and all parking places delineated.
The parameter of the parking area shall be enclosed with a Fence. The type of
fencing currently being used on the existing parking area may be continued.
EPVTERED THIS DAY OF 2~ , 1981.
T FT4MA 5 L. D A V I S''
ZON I NG ADJUSTOR FOR SPOKANE
COU NTY, WASH I NGTON
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, OFFICE OF COUNTY ENGINEER
SPOKANE COUNTY, WASNINGTON . 'DotP Jt1C] P R . 19_81.._
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Inter-office Communicaiion Spokane County Zoning Adjustor ~
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from Suokane Count v En4 ineer
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.'►',K ~7VDject Q Q 1 g4
CUE 73-81 The County Engineer has reviewed this proposal and there does not ~
appear to be any problems with the proposal.
CUE 14-81 The CountY En9ineer has no cond it ions rel at ive to thi s aPP1 icat ion . ~
. .
`~a~t CUE 15-81 That the applicant agree to join in and not oppose or protest a future tie,
-~Road Improvement District or County Road Project. Appl icant must sign ,
County Eng i neer Form No. 6. _
_
~aVN 74-81 That the applicant agree to participate in and not oppose or protest a -
future Road Improvement Di str ict or County Road Project on 6th Avenue
and 7th Avenue. Must sign County Engineer Form No. 6. -
Form 32IW/Set
•
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W
i
~ NOT ICE OF ('l'1-11_ IC HEAR I11ri
Before the Zoninq Aa,justor
Courit;y of Spokane
IN THF MATTCR OF: NEARING DATE
Applicant: Cilad Tidings Assembl.y of } WEDidESDAY, JUNE 109 1981 1:15 p.m.
God Church )
E. 4224 4th ) N. 721 Jefferson, Broadviay Centre Bldq.
Snokane, WA 99202 ) Hearinq Rooni, 2nd floor
) -
Fi le Nllilib2r: CUE-15-81 )
)
Request: Off-Street I'arking Facility ) Any interested person may appear before
} the Zoning Adjustor
)
Zorie Classification: Aqricultural ~
Coun ty Code :4. 04.170 Q and 4. 24. 310 ~ .
PROJECT DESCRIPTIOid .
The anplicant is proposing -co lecate an off street parkinq facilit.y and buildinq
(20,000 square feet in size) on the described'property. The Spokane County Zoninq
Ordinance requires that such a use may be periTiitted in accordance with the condition-
al standards as contained in the zonina ordinance. ~
ADD IT I ONAL I NFORII11T ION
Please contact: Spokane County Planning Department Telephone No: 456-2205
VICINITY M11P LEGAL DESCRIPTION
5F
--•~:;~;Y•-:• - Secti on 23 Toti,rnshi p~5 Range 43
U ~ST Parcel
~ 23532-4102; 23532-4104 and
23532-4103
GAC I F i C~w E'M'V C. w
Site Size: 40,500 sq. ft.
sECONo ,AvE. N 1) . n aU
L) Lots 3, 4, 5, 6, 7, 8, 9 and 10 Block 12
Carnhooe Addition, East of Havanna between
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