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VE-8-84 : ZONIIIG ADJUSTOR SPOKANE COUNTY, WASHINGTON ' IN THE hIATTER OF VE-8-84; ARGER ) FINDIIVGS OF FACT, RELAXATIOfJ OF FRONT YARD SETBACKS AfVD ) DECISIOIV A(VD PARKIIVG REQUIREMENTS ) COIVDITIONS THIS MATTER, Being the consideration by the Zoning Adjustor of Spokane County, in hearing the application (VE-8-84), for the purpose of considering requests for variances to front yard and parking requirements, hereinafter referred to as the "Proposal", and the Zoning Adjustor of Spokane County having held a public hearing on February 22, 1984, and having fully considered all testimony presented thereat, and further having visited the site and vicinity in question, and having rendered a decision on the 29th day of February, 1984, APPROVIfJG said proposal subject to landscaping and other conditions, does hereby make the following: FINDIIVGS OF FACT l. That the proposal is generally located on the southeast corner of Main Avenue and Mullan Road and/or the southwest corner of Main Avenue and Willow Road in Section 17-25-44. Parcel #17543-1310. 2. That the proposal consists of allowing an office building to be located 20' from the property line (on Willow Road) whereas the Spokane County Zonin9 Ordinance, Section 4.07A.090 (1) requires a 25' front yard setback from the property in this zone. Also, the applicant requested a variance to locate an off-street parking area within a required flanking street yard, front yard and interior side yard. Section 4.07A.110 (A) of the Spokane County Zoning Ordinance states than an off-street parkin9 area shall not occupy a required flanking street yard, the front 20' of a required front yard or a 5' space from the side property line of a required interior side yard. 3. That the adopted Spokane County Generalized Comprehensive Land Use Plan indicates Major Commercial and Urban usage of the area encompassed by the proposal. 4. That the site is zoned Local Business and Residential Office. 5. That the existing land uses in the area of proposal include residences to the east, office buildings to the north and west and undeveloped land immediately south. 6. That the proposed site plan appears to be in general compliance with the concept approved by the Spokane County Hearing Examiner Conunittee. 7. That in approving the proposal, the Hearing Examiner Committee approved Residential Office rather than Local Business zoning on the easterly side of the site to insure a high degree of compatibility with residential uses across Willow Road. 8. That the easterly portion of the site plan indicates that a sub- stantial amount of landscaping and screening will be provided to the residential properties. The applicant has indicated that screening or bufferin9 up to 42" in height is planned which will greatly reduce night traffic lights into nearby residences and will provide a bufferning between the office and residential uses. 9. That the variances requested do not appear to be detrimental to the concept approved by the Hearing Examiner Committee and further the setback requested on Willow Road would normally comply with zoning ordinance provisions as a flanking street. The applicant in addressin9 the unit off Mullan Road is technically required to meet front yard setbacks off Willow Road. 10. That a major concern of the party appearing in opposition to the proposal is that there will be additional street parking along Willow which is incompatible with existing uses. The Zoning Adjustor agrees that off-street parking along Willow may occur however it will not be a result of the current proposal. The applicant has not requested any reduction of the number of required parking stalls and appears to have oriented his building to minimize ' • the off-street parking on Willow. Continued FIIVDINGS OF FACT, DECISION AND CONDITIONS VE-8-84 PAGE 2 11. That the project has been conditioned and approved by the Spokane County Hearing Examiner Committee and the Zoning Adjustor incorporates the conditions of Zone Change File ZE-57-83 herewith except for the provisions of screening and bufferin9 along Willow Road. 12. That the proper 1e9a1 requirements for advertising of the hearing before the Zonin9 Adjustor of Spokane County have been met. CONCLUSION Following review of the Planning Department file, consideration of the public testimony and circumstances in the area of proposal, the Zoning Adjustor concludes that the proposal is not detrimental and is compatible to the public health, safety and welfare. DECISION From the foregoing Findings, a review of the Planning Department File No. . VE-8-84, testimony at the public hearing, and a site visit, the Zoning Adjustor hereby in APPROVING the proposal establishes the following conditions: A. CONDITIONS OF APPROVAL 1) That the Spokane County Zoning Administrator determine that the proposed site plan is consistent with the Hearing Examiner Committee decision in approving File ZE-57-83. 2) That the applicant obtain Zoning Administrator approval of a solid landscaping or screening plan which substantially eliminates motor vehicle lights from the site towards Willow Road. 3) All other conditions and requirements of the Zone Change approval for File ZE-57-83 are hereby incorporated in this decision. DATED THIS 29th DAY OF Februar.y , 1984. D UGLAS Sj/ADAMS, ZONING ADJUSTOR SPOKANE C~UNTY, WASHINGTON NOTE: PARTIES AGGRIEVED BY THIS DECISION MUST FILE AN APPEAL WITHIN TEN (10) DAYS OF THIS DATE. • f~ ~ _ . t . ~ SPOKAIVE COUfdTY ZONING ADJUSTuR PUaLIC HEARI14G AGENDA: FEBRUARY 22, 1984 TIME:: 1:15 P.M. PLACE: SPOKANE COUfJTY PLAIdNING DEPARTf•1ENT, N. 721 Jefferson St. , Eiroadway Centre Bldg. C. VARIANCES (Continued) 5. VE-8-84 RELAXATION OF FRUNT YARD SETBACK & PARKING KEQUIREMENT Generally located on the southeast corner of Main Avenue and Mullan Road and/or the southwest corner of MUin Avenue and Willow Road in Section 17-25-44. PROPOSAL: To allow an office building to be located 20' from the prope rty line (on Willow Road) whereas the Spokane County Zoning Ordinance, Section 4.07A.090 (1) requires a 25' front yard setback from the property line in the Residential Office Zone. Also, the applicant requests a variance to locate an off-street parking area within a required fl anking street yard, front yard & interior side yard. Section 4.07A.11 (A) of the Spokane County Zoning Ordinance states than an off-street parking area shall not occupy a required flanking street yard, the front 20' of a requi red front yard or a 5' space from the si de property line of a required interior side yard. SITE SIZE: 44,960 sq. ft. APPLICANT: Prokey Arger 6. VE-11-84 RELAXAT IOIV OF FROIVTAGE REQU I REMENT Generally located approximately 1300' east of Wood Road and 1,270' no rth of Sprague Road in Section 14-25-40. PROPOSAL: To allow a single family residence to be located on a parcel of land having no county road frontage wherea5 the Spokane County Zoning Ordinance, Section 4.04.040 requires 100' of continuous public road frontage in the Agricultural Zone. Access 15 via a 60' wide easement road extending easterly from Wood Road to the site. SITE SIZE: 20 Acres APPLICANT: Dan Helmer - 3- 11-------~-- - : .i p ~ f _ r. a►.+rlo t~~ \ ~ . ; 3 J I I~Cm ~ ~ ~Y' ~]ELTON I l U Z I ~ : i . u y f~ I{~ ~ ~ _ ~ • i i , ~ ~ ~~r r : ~ . , I' N~ ~~QI r;' ~ 0 r ~CK l ~1 ~~t 5 UORN C'i, o vNC1. \ . ~ , ~J~ I ~ Y; y~.l ± ( . ,~~T' , , -r . ! ~ ~'N. I ~ ? ~ ....t-. ~ .~rp}yf~ 7 Lcrr~~ t iS ~T'~T"_. \ L f -w . \ . ~1 ~ ~ . ! ~ I - ~Yl.~ : 1 1~ . ~_-.J _ _ - - _ . _ J Q , . ~ _ - - ~ , - ~ ~ _ • _ 't.: i ~,r..- - , . i • o D ~ S~~FtE 'I ~ ' ~-r~ : D ~ 1 ~ • r A. . ~ i 1ES$tE y~. ~ ...a... u~ ~~,,.yt : I 1 +Ll l - 'J1 I - T ~A R ~ F ` L£-~-- ~ ,SZ ~ D ~7 r `R " - I'I ~ ,fn ti- " z SAf*~G JT I _ ~ W 1 ~ Yr . . . . -~4~iiY'. . . . '~T' ~ !1 - ~ I ~ ~ . ~ ~ . `D N z I i . 11 I ~ ~o . • ` ^ ' ~i` ~x yAQR6l.1 ~'1ITf. ~ 1 ) ~ . ` • ' ~ .~TC r~ . ' ~U'. i R• , j T ' , ~ u A~~GONP~E~ R;,A;+ I_ A,^,G_ tiN ROA D F ~ e-- • ~l -c+>T~--~, ' c„ I a~~ t 4tULL4V " ,H0 ~ . ,f ~ _ ~ 'P 968A MULL ~N ROAD ~ 'ri~ f ~ ~ . ~R~ ~ . . ~ , . : , . ~ ~ . . ' . . . ~ - ~ ~ ~ ro`~ ~ ~ ~ N ~1+ I _ / ' ' - C~ s'~ ` . I~ W ~ ` Z R~ ~ , ~ ` ~ ty 1~ 1 ' ' ~ N . X _ , . O ~ ~ r ~ ~ ►.~91i,~.~ . 1~` r - z : ~ ~ ; ~ OC V _S ~ JS ~ ~ , ~;R~~~f~•. '`~I l~ ~ ~ S ~ ~ aOEI►.IC3 . r ~ , ~ , ~ ( D ~ A D n ~y~4 ; ~~~~~~.~~t'~~~~ ~ ' ~ I A ,..RA Y lv 1 i, i~.:4'.~~1~~~~t~+-r - R O A D - t. , ~ ~ • O' ~ IJ~~ ~ ~ ~ . . II\ . TYo~ ' ~CC.~ri~ir. ~ ~ u d~~~u~il : O , ~ ~ • i ~ School , y^' ~c T „N~~ , M ' .~1~~, ~ ~ 1 ~ t- IN _R4 A,~ND ~Q • ~ ~ ~ ~-*~ii~ 1~[~.~ . , • .•1~ I . ` ~+++~.--lJ f : ~ 1 ~ ~,•~JO~,~V rF J - ~ ti ~ 4.. ~r~ 1.~ J , . ' ~ ~ \ . ~t-~--t ' - ' ' . - ' . • : , • . SPOKANE COUNTY Pl.ANNING DEPARTMENT APPWWjfJN; WX-THE ZONING ADJUSTOR/BOARD OF ADJUSTMENT Ce rti f i cate of Exempti on No. : Appl i cati on No. : - Name qf Applicant: Prokey Araer Street Address: N. 'J00 I•lullan Road, Sui-ce 204 City: SponanR State: Wa Zip Code: 95206 Te]e. No.: 926-5311 Name af Property Qwner(s): proi;ey Arger _ Requested Acti on (s Ci rcl e App rop ri ate Acti on SEE PiTTACHED Jarian s Conditional Use Permit Administrative Appeal _.Temporary Permit Waiver of Violation Other: Zero Lot Line Non-Conforming Lot/Use r ~ FOR STAFF USE QNLY ~ ~ ~7 * ~ . * Cite Ordinance Section: ¢ 0 A Section Township Range Property Size: -x Existing Zoning :DA ~ Comprehensi e Plan Design tion: Legal Checked by: Hearing Date: Receipt ~ Ex9sting Use of Property: Ya~ant Propased Use of Property: Office aui idinq Street Address of Property: N. 4PO tiVllan Roau Legal Des cri pti on of P rope rty ( i ncl u de easement i f appl i cabl e) Soutli 200 feet; except the West '30 feet, of tiie East one-iialf of Tract 140, Opportunil:y, according to p1a~ recorded in Volume "h" of plats, page 20 in Spokane, t•aashington, also except partions conveyed to Spokane County Parcel Sou rce of Legal : Ti cor Ti tl e Company Tota] -amount of actjoining 7and contml led by this owner/sponsor: L65' X 730 ' What interest do you hold in the property: Option to purchase Piease list previous Pianning Department actions invoiving this property: ";ZE 67-33 LB for the W 2/3, RO for E 1/3 : I SWEAR THAT I AM THE OWNER OF RECORD OR AU7HORIZED AGENT FOR THE PROPOSEO SITE. ~ IF NOT i'HE OWNER, WRITTEN PERMISSION FROM SAID OWNER Atti'FiORIZING MY ACTIONS ON HiS/ HER BEHALF IS ATTACHED. . ~...t,Y . Sigped• Date: 2/2/S4` Add ss : M. 300 11u11 an Road, Sui te 204 - ~ Phone No.: 926-5311 , NOTARY , Z _ ' . DATE . February 2, 1934 i ` ` ` ~ ~ . i 1 Y ~ w ' OFFICE OF e0UNTY ENGINEER SPOKANE COUNTY, W/tSHINGTON Dote 119 - Inter-offics Cotamurtication d frowL tiO,h t•?CCdt1t1, Ldficl DE:VEi1 i '?i i t r'~~~•C' : Su6ject Af---enda I_ ris Cche-?u1ed for I r i rJy1 ~i)]ilarid -?`Pplic.anc snoulc► he a<tvisecl t,y1at en approach permit riust h~. obtained fr,an the Spokane County Lngineer prior to the constructiorr of any new dri•. wav apnroaCheS t0 thF CoUnty P.oac? SyStenr, ;4''. 2-84 - c,~hlea~iE}yer - Cement Lane anc+ cm~~ire Lane are both private roads which ir,i~rsect fior in~ tFe flankinci strwet-froni:in{i street, respectively. As the zonling a}1,iu,.tor is aware, ader.uate sight distance r;►ust be r.iaintained at inter•sections (publ ; street nr nrivate rc;ad) to irsure the cafety af the trrotorinn pubiic. Consequentiy, wi cannet reco;Tmeno approval of this a;?plicatior, if adenuate sinht distance Ss Rat rnair- tainer! at this intersection. Sanctioning oF the violation, if adeauate sigFt (iisiartct is not maintained, would be cvntrary to goad engineering practice and detrimenta) ta the general nurpose. 3. v7.' I82-83 - Shaw - See attached camnents. {9 Y e 8-R4 _ 1',,-ger - No corments concerni ny tiii s anpl i cati nr. 5. VE 247-63 - Rowe - Since uiy mernarandian of. Fehruary 3, 1984, applicanL's agent h<< h►~vi~~dccunentatian that the applirant ~-oes have the ri(lht ta iir.cPSS the parc obestion via an easemcnt which extends frorrt Juqkins kaad. Ttie description of thc easement is very qeneral, however, a rnadway has been constructed ta serve the pr-- erty. This roadway, according to thF applicant's agent represents the alignslen-, thr iccF,ss easPnert. Based upon this infor~r.ation, the County Ennineer l,rould noj oljcct to approval of this application suhject to the "Conditions of Approval" r, -rP atticf)er+ t.c) my Fehruar.y 3 mema. ~ r4ur t.(: ti-e consicteratior, of any adr.titiunal ahniications whicF► pronose the use oF this or other easenierts, it is the fnclinoer's recorrnendation that the easements bt survE>vF-l anrf This Will assi+re per{~et«:+1 iai'ress tt~rnu~h ici?oinire nrr,pc,-tit;s t:;~al locatian of acc~~s(--. ~ . J - ' - , - _ ' ~ r' r7t: 1 E?•'~ i"M' . ' f S , 1..~Y~;~~ .Gi441 ►``t~~ t:j~x:.~tr, ~5~ -31 ..I"W VO {;~y ~1~=1,.1•:~ .ftjt.~•.~ ..tt~-•-~~1~-`.'~ j4f~ ~ ~ ii~:~~~Ct X~ ~`.1~ ~