VE-133-81 & CUE 27-81
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RECEB V F
' BEFORE THE ZONING ADJUSTOR OF SPULAbE iDUR1Tf Erotilw7.~a
' SPOKANE COUNTY, WASHINGTON SEP081981 ~
IN THE MATTER OF:
APPLICANT: SPOKANE COUNTY FIRE DISTRICT # 1 ) DECISION
REQUESTED: ADDITION TO EXISTING FIRE STATION ) FINDIi!r,S OF
• COUNTY CODE: 4.07A.140 (e) and 4.24.410 and ) COPlCLUSIONS OF LAW
4.07A.090 (3)
FILE NUMBER: CUE-27-81 and VE-133-81
PARCEL 17544-9034
DATE OF HEARING: AUGUST 26, 1981
. DATE OF DECISION: AUGUST 26, 1981
DATE OF WRITTEN DECISION: SEPT. 2, 1981
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REPRESENTED BY: DALE R. HAYE
DECISION
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 cominq before him. After
conducting a public hearing to receive all public testiinony and after re-
viewing the public record and examininq available infionnation, the Zoning
Adjustor in accordance with Chapter 36.70.810 Revised Code of VJashinqton
and Section 4.25.030 of the Zoning Ordinance hereby makes the followinq
Findings of Fact, Conclusions of Law and Conclusions hereinbelow stated.
The applicant, Spokane County Fire District #1, filed an application
with the Planning Department on August 26, 1981 requesting approval to
allow construction of an addition to an existinq fire station. The sub-
ject property is located on Sprague_Avenue in Section 17, Township 25,
Range 44. ,
That on August 26, 1981 a public hearing was held before the Zoning
Adjustor to receive qublic testimony. After receiving testimony and
accepting the file from the Planning Department, the Zoning Adjustor plac-
ed this matter under advisement for review and decision. The Zoninq Ad-
justor on August 27, 1981 made a personal inspection of the sobject ,
property and.surrounding area. A preliminary decision of approval was
made on August 27, 1981. The following Conclusions.of Lati, Findings of
Fact and Conclusions shall constitute the decision of the Zoning Adjustor
on this application.
CONCLUSIONS OF LAW
I. .
That the Zoning Ad.justor 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 Chaoter 36.70.840 and Section 4.25.030 of the Zoninq Ord-
inance, no.tice for a public hearing was given through the United States mail
to all property owners within a 300 foot radius of the subject property.
II.
That all citizens notified and public agencies havinq jurisdiction were
afforded the opportunity to testify or submit written comments on the pro-
posed project.
III.
It is the Zoninq Adjustor's conclusion that a Conditional Use Permit
for which the applicant is requesting is in keepinq with the character of
the neighborhood and that of the Residential Office 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
properties while upholding the spirit and intent of the Zoning Ordinance,
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~ CUE-27-81 & VE-133-81
IV.
That the Zoninq Ordinance authorizes such uses upon the finding that
it will not be detrimental to the adopted Comprehensive Plan and surroundinq
properties. The applicant's proposal requires a conditional use permit under
Section 4.07A.140 (e) and 4.24.410 of the Zoning Ordinance. Under those
provisions, the Zoninq Adjustor is required to consider the public convenience
and necessity of the facility and its location. ,
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 miti9ate any adverse effect uoon the
neighborhood proPerties. Permits may be suspended or revoked after public
hearinq and a finding by the Zoning Adjusto'r that a permittee has failed to
camply with such restrictions or conditions.
VI.
That pursuant to the above cited provisions of lavi, Findings of Fact
hereinbelow substantiates action taken regarding this application. Any Find-
inq of Fact hereinafter stated which is deemed to be a Conclusion of Law is
adopted as the same.
FINDINGS OF FACT
I.
The applicant is proposing an addition to an existinq fire station
which would be set back five (5) feet from the flanking street property lir.e
or 25 feet from the centerline of Balfour Road which has a 40 foot rioht-of-
way. The Spokane County Zoninq Ordinance requires in this instance a ten
(10) foot setback from the property line or 40 feet as ineasured from the
- centerline of said street.
II.
That Balfour Road at this location is found to be a minor street ex-
tending one block from Sprague Avenue to Main Street. The Spokane County
Engineer's Office responded in a•memo dated August 25, 1981 notinq that the existing driveway may be widened eastward six to seven feet to the end of
the curb radius. An approach permit is required for all new anoroaches
to the County Road System.
III.
The existinq fire statmon received a conditional use permit on March 3,
1975 (see file no. CUE-12-75). In the Zoning Adjustor's decision, six con-
ditions were placed regardinq construction and site improvements. Condition
No. 3 of said permit required the applicant to dedicate, as public right-
of-way, the easterly five (5) feet of the subject property.
IV.
The file contains a plot plan which has been identified as Exhibit "A"
by the Zoning Adjustor containing his signature of approval. The plan shows
the proposed location of the addition noting setback distances and the size
of the addition which is 20 feet by 50 feet. It is noted that all other
zoning requirements are in compliance.
V.
The applicant's representative, Dale Haye, testified that the primary
reason for the addition is to provide a fourth bay to house a fire truck. ,
Currently, fire truck (s) are located to the rear of the fire station and
when responding to emergency calls, are leaving the station via Balfour Road
and.Sprague Avenue intersection. This situation presents a safety hazard
at the intersection. All other emergency vehicles have direct access to
Sprague Avenue froin the Fire Station. Mr. Haye further stated that because
of the lot size, shape, and the location of the existing building there are
no other alternatives for expansion to allow for direct access to Sprague.
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~ CUE-27-81 and VE-133-81
VI.
The Spokane County adopted Comprehensive Plan had designated this area
as "Urban". The Urban Category is intended to provide the opportunity of a
"city-like" environment which includes various land uses, intensive resident-
ial development, and public facilities and services (water, sanitary and
storm sewer lines, police and fire protection, and other features).. (See
Section 1.0.0 of the Plan).
VII.
The Zoning Adjustor made an on-site investigation of the surrounding pro-
perties finding that the site does have limitations for expansion of bays
requiring direct access to Sprague. Further, it is noted that the Balfour
and Sprague intersect•ion is congested and does present a dangerous situation.
University City Shopping Center is located across Sprague from the Fire
Station. It is also noted that all conditi~ons of Permit CUE-12-75 have been
complied with including landscaping.
CONCLUSIONS
I.
The Zoning Adjustor has concluded from Finding of Fact No..V and No. VI
that the applicant has demonstrated beyond a reasonable doubt that the addit-
ion is needed to provide direct access to Sprague Avenue for fire equipment.
That the addition will assure added public safety involving access to Sprague
and response time for emergency vehicles.
II .
It can also be demonstrated by the Zoning Adjustor that expansion of
the fire station is necessary due to urban growth in the vicinity of the
station. As reported in Finding No. VI, the County's Comprehensive Plan
has designated this area as Urban. Therefore the existing and potential
developments within the service area of the fire station will require im-
provements and expansion of.the fire facility. This action is therefore
found not to be detrimental to the adopted Plan or cause any adverse effects
upon adjacent properties.
III.
It is concluded that the purpose of setback requirements is to aff.ord
adequate light, air, and aesthetics to insure public safety and general wel-
fare. In this case, the relaxation-of the flanking street setback require-
ment does not infrinqe upon any neiqhboring properties nor public rights to
safe vehicular travel. Therefore, this action will not be materially detri-
mental to tfie public welfare or injurious to properties or improvements in
the vicinity.
IV.
The Zoning Adjustor concluded from the Conclusions and Findings herein-
above that this action does not constitute the granting of a special privileqe
inconsistent with the limitations placed upon other properties in the vicinity.
It is noted in Finding No. III, that the applicant had dedicated 5 feet for
public riqht-of-way along the flanking street property line for which the
variance is being requested and has made improvements such as curbs and side-
walks. To deny this application would be an act not supported by Findings
of Fact and thus depriving the applicant of a basic right resulting in an un-
reasonable use of adopted plans and ordinances.
V.
That pursuant to the above cited provisions of law, Findings of Fact and
Conclusions substantiates approval of this application and the issuance of,a
building permit for the addition to the fire station.
PAGE 4
CUE-27-81 and VE-133-81
CONDITIONS OF APPROVAL
1.
The applicant shall construct the addition to the fire station in sub-
stantial conformance to the plot plan (Exhibit "A") on file with this appli-
cation. The Zoning Administrator shall be empowered.to approve minor
alterations to the plot plan in accordance with Section 4.03.020 (56A) of
the Spokane County Zoning Ordinance. ,
II.
The remaining undisturbed areas which are landscaped shall remain land-
scaped. Where existing landscaped areas may be disrupted during the con-
struction of the addition, replanting of similar plantings shall be completed
at the time of occupancy or the first plantino season.
ENTERED THIS~ DAY OF 1981.
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THOMAS L. DAVIS
ZONING ADJUSTOR FOR SPOKANE
COUNTY, WASHINGTOfq
ATTEST BY:
PARTIES OF RECORD: Kenneth Knudson
Spokane Valley Fire Dept. ,
E. 10319 Sprague '
Spokane, WA 99206
♦ S ,
- OFFICE OF COUNTY ENGINEER
SPOKANE COUNTY, WASHINGTON
pot- August 25 19 81
Intar-office Communication
' To Spokane County Zoning Adjustor
Fro,- Bob McCann, Plat Inspector
Subjer~ items Scheduled for Hearina Before Zonina Adiustor Auaust 26, 1981
CUW-26-81 - The lot upon which this facility is to be constructed is Lot 1 Block 1 of
Cutler Eisenbarth 3rd Addition. The dedicatory language of that plat
states that access to Lot 1 Block 1 shall be from West Shore Road.
Director access to Charles Road is prohibited. The site p]an for the
proposed fire station shows a driveway accessing Charles Road. Since
construction of this approach is prohibited, all access to the fire
sLation should be from West Shore Road.
Applicant should be advfsed that an approach permit is required for all
new approaches to the County Road System.
I-1-81 - No comments relative to this application.
CUE 27-81 - Existing driveway may be widened eastward 6 to 7 feet to the end of the
~ curb radius. An approach permit is required for all new approaches ta
the County Road System.
BMc/set
. NOTICL UF PL"~'_1C FILARINr,
1 f3efore the Loning /ldjustor
J County of Spokane
Ild THE MATTER OF: HEARING DATE
Applicant: Spokane County Fire ) WEDiVESDAY, August 26, 1981 115 p.in. '
District nl )
E. 10319 Spraque ) N. 721 Jeffei,son, 6roadway Centre Bldq.
Sookane, WA 99206 ) H'earinq Rooni, 211d floor
)
File Number: CUE-27-81 and VE-133-81
)
Request: Addition,to Existing Fire ) Any interested person may appear before
Station ) the Zoning Adjustor
)
)
)
Zone Classification: Residential Office)
County Code: 4.07A.140(e)
4.24.410 and ~).07A.OJU (3)
• PROJECT DESCRIPTION
The aoplicant proposes an addition to an existing fire station to be set back '
5 feet from the property line or 25 feet from the centerline of Balrour Road
which has a 40 foot right-of-way. The Spokane County Zoninp Ordinance requires
in this instance a 10 foot setback from the property line or 40 feet as measured
from the centerline of said street which is the flankinq street.
• :~}~y • ~R• •J'PJCI'YAY~
! RECt:l
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ADDITIONAL INFORMATI0N
;.~..;.r .
Please contact: Sookane County Planning Department Telephone No:~ 456-2205
VICINITY MAP LEGAL DESCRIPTIOP!
~ ~ Section 17 Township 25 Range 44
~ F wurc< Parcel 17544-9034
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~ ~ Site Size: 36,105 sq. ft. approx.
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'OlD B R AY 3 ~ The South 244 feet of E 1/2 of W 112 of SW
_ . 17..,..~,:'... .v„ 1/4 of SE 1/4 of SE 1/4 Sec. 17, Twn 25N,
; Ranqe 44 EWM, excent the east 20 feet.and
;s except the South 80 feet.
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. OFFICE OF COUNTY ENGHNEER
SPOKANE COUNTY, WASHINGTON
Datr Auaust 25 19 81_
Inter-office Communicotion
T„ Spokane County Zoning Ad.justor
From, Bob McCann. Plat Inspector
$u6jer4 Ttomc Crhadnlarl fnr Haarina RPfnra 7nninn Adiuctnr Auaust 26. 1981
CUW-26-81 - The lot upon which this facility is to be constructed is Lot 1 Block 1 of
Cutler Eisenbarth 3rd Addition. The deAicatory language of that plat
states that access to Lot 1 Block 1 shall be from West Shore Road.
Director access to Charles Road is prohibited. The site plan for the
proposed fire station shows a driveway accessing Charles Road. Since
constructian of this approach is prohibited, all access to the fire
station should be from West Shore Road.
Applicant should be advised that an approach permit is required for all
new approaches to the County Road System.
I-1-81 - No comments relative to this application.
CUE 27-81 - Existing driveway may be widened eastward 6 to 7 feet to the end of the
curb radius. An approach permit is required for all new approaches to
the County Road System.
BMcJset
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