VE-53-84 ~
,
BEFORE THE BOARD OF ADJUSTMENT OF RECEIVED
SPOKANE COUNTY, WASHINGTON OCT 1 g 1984
IN 7HE MATTER OF REVIEWING AN ACTION ) gppKANE COUN7Y ENGINEER
OF THE SPOKANE COUNTY ZONING ADJUSTOR ) FINDINGS & ORDER
IN A DECISION TO APPROVE VARIANCE )
#VE-53-84; WAM ENTERPRISES, INC. )
THIS MATTER, Being the consideration by the Board of Adjustment for
` Spokane County, is an appeal of an action by the Spokane County Zoning
Adjustor approving the variance #VE-53-84, for the purpose of establishing a
comnercial structure 15' from the property line along Stout Road, hereinafter
referred to as the "Proposal", and the Board of Ad,justment of Spokane County
having held a public hearing on September 19, 1984 and having fully considered
all testimony presented thereat, and having rendered a decision on the 19th
day of September, 1984, approving as modified said proposal, does hereby make
the following:
FINDINGS OF FACT
1. That the proposal is generally located between Mullan and Stout Road,
adjacent and directly south of Sinto Avenue in Section 17-25-44.
2. That the proposal consists of establishing a building for retail
business and office space use having a front yard setback of 15' from the
property line along Stout Road.
3, That the Generalited Comprehensive Land Use Plan for Spokane County
indicates Cwrmercial designation for the area encompassed by the proposal.
4. That the site lies at a transition point between Major Cononercial and
Urban categories of the Spokane County Comprehensive Plan. Goal 6.1 indicates
that commercial development should occur in the manner compatible with
adjacesnt uses in the surrounding environment. Objective 6.1.A indicates
buffering between uses should be provided and provisions made for
landscaping. Objective 6.13 and 6.1.C indicates that off-street parking and
circualtion patterns be designed to insure compatible and complimentary
development for all uses affected. Decision Guideline 6,1.4 and 6.1.5 stress
the need for adequate provisions for parking and public facilities. When
these are not adequate, conmerciat parking will occur on sides streets and
comnercial traffic can adversely affect residential uses.
5. That the site was zoned to Loca1 Business by the Spokane County
Hearing Exam9ner Comnittee on July 15, 1984, with formal findings entered on
July 12, 1984. A minimum 35' front yard setback is required in this zone.
6. That the Spokane County Hearing Examiner Comnittee in considering the
proposed zone change approved the zoning without consideration of a specific
site plan and noted that the Spokane County Zoning Adjustor was to consider
the needs of specific site development and access due to the variance request
which affects properties along Stout Road.
7, That the Spokane County Zoning Adjustor held a concurrent public
hearing with the Hearing Examiner Comnittee on July 5, 1984, concerning the
proposal, and that on July 12, 1984 the Spokane County Zoning Ad,justor by
Conclusions of Law dnd Findings of Fact did render a decision to approve the
proposal with the condition that the site be designed in a manner not to a11ow
auto and truck traffic to the site onto Stout Road.
8. That on July 19, 1984, an appeal from the decision of the Zoning
Adjustor of Spokane County was filed by Walt Miller, the applicant. The
purpose of the filed appeal was to request the Board of Adjustment to delete
the condition placed on the proposal by the Zoning Adjustor which restricted
access to Stout Road.
9. That the applicant indicated that the site is deprived of normal
development opportunities in that it is bounded by three (3) public streets
which require substantial setbacks be maintained.
10. That the applicants site plan indicates that limited parking and
vehicle access will be directed towards Stout Road which is mitigated by a
condition placed on the proposal by the Zoning Adjustor, requiring a 6' high
sight obscuring fence and dense landscaping along Stout Road.
FINDINGS OF FACT, DECISION AND CONDITIONS VE-53-84 PAGE 2
11. That the proposal is compatible with existing uses in the area and in
fact the duplexes along Stout Road serve as an adjacent land use transition to
the single family residences found further east.
12. That the applicant has made a minor modification to the proposal in
that the structure will be located 20' from Stout Road, rather than the
advertised 15 feet. In approving this appeal the Board of Adjustment does '
hereby require, as a condition of approval, that the setback to St6ut Road
shall hereafter be required to be 20 feet.
13. That the proposal is not detrimental or otherwise harmful to the
public health, safety and welfare.
14. That the proper legal requirements for advertising of the hearing
before the Board of Adjustment of Spokane County have been met.
DECISION
From the foreging Findings, a review of the Planning Department Fi1e No.
VE-53-84, and the staff presentation, the Board of Adjustment of Spokane
County hereby in approving the proposal does make the following conditions:
1. That the site be designed in a manner to altow for only one point of
.
ingress/egress from Stout Road.
2. That the applicant establish a minimum 6' high masonry or wood
fencing along Stout Road to act as a buffer to parking, loading and
unloading at the east end of the site.
3. That prior to the release of building permits the applicant shall
submit specific site development plans to the Zoning Administrator to
coordinate the provisions of on-site wastewater disposal, sub-surface
sewage disposal and the parking/landscaping and other provisions of
the Spokane County Zoning Ordinance.
4. That the setback to Stout Road be a minimum of 20 feet.
5. Other conditions and limitations on this project are to be found in
Planning Department File ZE-47-84.
pATED THIS 17th DAY OF OCTOBER , 1984.
BOARD VOTE: 4- 0 APPROVE
SPOKANE COUNTY BOARD OF ADJUSTMENT
SPOKANE COUNTY, WASHINGTON
e ►'etti , nairman
Z1~ . Q
Vice-C ainn n
Vernon Laubach
Martin i s
' Larry Krai15e
~
NOTICE OF PUBLJC HEARjJVG
SPOKANE COUNTY BOARD OF ADJUSTMENT RECEIVED
AUG 0 6 1gB4
IN THE WTER OF: . HEARING DATE: gpOKp+NE COUN-V ENG'NEf R
APPLICANT: WAM ENTERPRISES, INC. WEDNESDAY, AUGUST 15, 1984 9:00 A.M.
1920 Seafi rst Finarici al
Center N. 721 Jefferson St. , Broadway Centre Bl dg.
Spokane, WA 99201 2nd floor conference mom, Spokane, WA 99260
APPELLANT: Same Ariy interested persori may appear before the
Board of Ac~justment
FILE NO.: VE-53-84
Sectiori 17-25-44. Generally located ADDITj~J~,~~ j)~FP~MATION: Contact the
betweeri Mullan and Stout Road, adjacent 5pokane ounty Plaiining Dept. at 456-2205
and directly south of Sinto Avenue.
SITE SIZE: 39,690 sq. ft.
ZONE CLASSIFICATION: Local Business
REQUEST : To al l ow a comme rci al
structure to be located
15' f rom the f ront
property 1 ine. )
)
COUNTY CODE: 4.09.070 (dl) )
PROJECT DESCRIPTION
The proposal is a requested variance to allow a front yard setback, along Stout Road,
of 15 feet from the property 1 ine whereas the Spokane County Zoning Ordinance, Sectiori
4.09.070 (dl )(the centerl ine setback fonnul a) requi res a 40 foot property 1 iiie setback.
. The proposed variance was heard by the Zoiiirig Adjustor on July 5, 1984 duririg a
concurrerit session with the Zoning Hearirig Examiner Committee's action on a requested
zone charige for the same parcel. On July 12, 1984 the Spokane County Zoriing Adjustor
by Findings of Fact, Decision and Conditions approved the requested variance subject
to specific conditions of approval. One of those coriditions would prohibit ingress
and egress to the site from Stout Road.
On July 19, 1984, the applicant appealed the decision of the Zonirig Adjustor. The
appeal requests the deletion of the conditiori prohibiting access to Stout Road. The
applicarit cites a need for delivery vans and trucks to access the rear of the proposed
bui 1 di ng from Stout Road.
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