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.
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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
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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
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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
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' OFFICE OF e0UNTY ENGINEER
SPOKANE COUNTY, W/tSHINGTON
Dote 119
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Inter-offics Cotamurtication
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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(--. ~
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