VE-49-84
ZONING ADJUSTOR
SPOKANE COUNTY, WASHIIiGTON
IN THE MATTER OF VE-49-84; ALLEN ) FINDINGS OF FACT,
RELAXATI0N OF FRONTAGE REQUIREMENT ) DECISION AND CONDITIONS,
THIS MATTER, Being the consideration by the Zoning Adjustor of Spokane
County, in hearin9 the application (VE-49-84), for the purpose of establish-
in9 a single family residence on property with no county road frontage, here-
inafter referred to as the "Proposal", and the Zoning Adjustor of Spokane
County having held a public hearing on April 25, 1984, and having fully con-
sidered all testimony presented thereat, and further having visited the site
and vicinity in question, and having rendered a decision on the 9th day of
, May, 1984, APPROVING said proposal, does hereby make the following:
ti
FINDINGS OF FACT
l. That the proposal is generally located approximately 300 feet south
of Boone Avenue and 150 feet east of Locust Street in Section 17-25-44.
Parcel #17542-1345.
2. That the proposal consists of establishing a sin9le family residence
on a parcel of land having access via a 15 foot wide easement road which
extends easterly to the site from Locust Road.
3. That the adopted Spokane County Generalized Comprehensive Land Use
Plan indicates Urban usage of the area encompassed by the proposal.
4. That the site is zoned Agricultural Suburban.
5. That the applicant has submitted a proposed easement of 15 feet in
width serving as access to the parcel. The easement has been recorded with
the Spokane County Auditors Office (Auditors Recordin9 #83100110039, Volume
660, Page 1244).
6. That the applicant has been made aware of the recortmendations of
various county/state agencies reviewing this project which include the Depart-
ment of Building & Safety, County Utilities Department, County Health District,
and County Engineers Department and has indicated he can comply with those
recommendations.
7. That the proposal does not appear to be detrimental to aQjacent
prroperties nor have an adverse impact upon the property and improvements in
the area.
8. That no one appeared to oppose the proposal nor were any written
cormients adverse to the proposal received.
9. That the proposed site plan indicates that setbacks, parking, height
of the structure(s) will conform to the Spokane County Zoning Ordinance.
10. That the proper legal requireriients for advertising of the hearing be-
fore the Zoning 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-49-84, 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) All buildings and structures require building permits as per Section
301 of the Uniform Building Code.
Continued
v `J
FIIJDINGS OF FACT, DECISION AND CONDITIONS VE-49-84 PAGE 2
A. CONDITIONS OF APPROVAL (Continued)
2) Sewage disposal method shall be as authorized by the Director of
Utilities, Spokane County.
3) Subject to specific application approval and issuance of permits by
the Health Officer, the use of an individual on-site sewage system may
be authorized.
4) Water service must be coordinated through the Director of Utilities,
Spokane County.
5) Water service shall be by an existing public water supply when approved
by the Regional Engineer (Spokane), State Department of Social and
Health Services.
6) Use of private wells and water systems is prohibited.
7) Pursuant to the Board of County Commissioners Resolution No. 80-0418,
the use of on-site sewer disposal systems is hereby authorized. This
authorization is conditioned on compliance with all rules and regula-
tions of the Spokane County Health District and is further conditioned
and subject to specific application approval and issuance of permits
by the Health Officer.
8) The Owner(s) and Successor(s) in interest agree to authorize the County
to place their name(s) on a petition for the formation of a ULID by
petition method pursuant to RCW 36.94 which the petition includes the
Owner(s) property and further not to object by the signing of a protest
petition against the formation of a UIID by resolution method pursuant
to RCW 36.94 which includes the Owner(s) property. PROVIDED, this
condition shall not prohibit the Owner(s) or Successor(s) from objection
to any assessment(s) on the property as a result of improvements called
for in conjunction with the formation of a ULID by either petition or
resolution under RCW Chapter 36.94.
9) Any water service for this prroject shall be provided in accordance with
the Coordinated Water System Plan for Spokane County, as amended.
10) The dwelling unit shall be double plumbed for connection to future area-
wide collection systems.
11) Construct a road to serve the property in accordance with adopted County
Standards for private roads.
12) Acknowledge that Spokane County has no responsibility to build, improve,
maintain or service the private road.
13) Should Spokane County be petitioned to construct or maintain a public
road serving the property in accordance with provisions RCW 36.81, the
owners, their heirs or assigns must:
1) Agree to deliver to Spokane County a properly signed and executed
ri9ht of way deed to cover sufficient land for the road.
2) Agree to join and participate in the formation of a County Road
Improvement Project sanctioned by Spokane County.
14) Applicant must sign and record Spokane County Engineers Form "Notice
to Public No. 3" of 5/5/81 in order to comply with above requirements.
15) Private roads must be signed in accordance with the provisions of
Spokane County Board of County Corrmissioners Resolution No. 80-1592
as amended, and constructed in conformance with Section 3.07, Sections
A and B of that title.
16) Applicant should be advised that an approach permit must be obtained
from the County Engineer prior to construction of any new driveway
approaches,4
DATED THIS DAY OF _-We2al , 1984.
o
~~/I de
UUGL S S('ADAr1S, ZUNING ADJUSTOR
SPOKANE CdUNTY, WASNINGTON
ZONING ADJUSTOR
SPOKANE COUNTY, WASHIIiGTON
.
IfV THE MATTER OF VE-49-84; ALLEN ) FINDI(VGS OF FACT,
RELNXATION OF FRONTAGE REQUIREMENT ) DECISION AND CONDITIONS
THIS MATTER, Being the consideration by the Zoning Adjustor of Spokane
County, in hearing the application (VE-49-84), for the purpose of establish-
ing a single family residence on property with no county road frontage, here-
inafter referred to as the "Proposal", and the Zoning Adjustor of Spokane
County having held a public hearing on April 25, 1984, and having fully con-
side red all testimony p resented the reat, and furthe r having visited the site
an d vicinity in question, and having rendered a decision on the 9th day of
May, 1984, APPROVING said proposal, does he reby make the following:
FINDINGS OF FACT
1. That the proposal is generally located app roximately 300 feet south
of Boone Avenue and 150 feet east of Locust Street in Section 17-25-44.
Parcel #11542-1345.
2. That the proposal consists of establishing a single family residence
on a parcel of land having access via a 15 foot wide easenient road which
extends easterly to the site from Locust Road.
3. That the adopted Spokane County Generalized Coiiiprehensive Land Use
Plan indicates Urban usage of the area encompassed by the proposal.
4. That the site is zoned Agricultural Suburban.
5. That the applicant has submitted a proposed easement of 15 feet in
width serving as access to the parcel. The easement has been recorded with
the Spokane County Audito rs Office (Auditors Reco rding #83100110039, Volume
660, Page 1244).
6. That the applicant has been made aware of the recommendations of
various county/state agencies reviewing this p roject which include the Depa rt-
ment of Building & Safety, County Utilities Department, County Health District,
and County Enginee rs Department and has indicated he can comply with those
recommendations.
7. That the proposal does not appear to be detrimental to adjacent
properties nor have an adverse impact upon the property and improvements in
the area.
8. That no one appeared to oppose the proposal nor were any written
comments adverse to the proposal received.
9. That the proposed site plan indicates that setbacks, parking, height
of the structure(s) will confo rm to the Spokane County Zoning Ordinance.
10. That the proper legal requireriients for advertising of the hearing be-
fore the Zoning 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 p roposal, the Zoning Adjusto r
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-49-84, testimony at the public hearing and a Site visit, the Zoning Adjustor
he reby in APPROVING the proposal establishes the following conditions:
A. CONDITIONS OF APPROVAL
1) All buildings and structures require building pe rmits as pe r 5ection
301 of the Uniform Building Code.
Continued
FIIJDINGS OF FACT, DECISION AND CONDITIONS VE-49-84 PAGE 2
A. C014DITIONS OF APPROVAL (Continued) ,
2) Sewage disposal method shall be as authorized by the Director of
Utilities, Spokane County.
3) Subject to specific application approval and issuance of pe rmits by
the Health Officer, the use Af an individual on-site sewage system may
be authorized.
4) Water service must be coordinated through the Director of Utilities,
5pokane County.
5) Water service shall be by an existing public water supply when approved
by the Regional Engineer (Spokane), 5tate Department of Social and
Heal th Servi ces.
6) Use of private wells and wate r systems is prohibited.
7) Pursuant to the Board of County Commissioners Resolution No. 80-0418,
the use of on-site sewer disposal systems is he reby authorized. This
autho rization is conditioned on compliance with all rule5 and regula-
tions of the Spokane County Health District and is further conditioned
and subject to specific application approval and issuance of permits
by the Heal th Offi cer.
8) The Owner(s) and Successor(s) in interest agree to authorize the County
to place their naine(s) on a petition for the formation of a ULID by
petition method pursuant to RCW 36.94 which the petition includes the
Owner(s) property and further not to object by the signing of a protest
petition against the fo nnation of a UIID by resolution method pursuant
to RCW 36.94 which includes the Owne r(s) p rope rty. PROVIDED, this
condition shall not prohibit the Owner(s) or Successor(s) from objection
to any assessment(s) on the p roperty as a result of improvements called
for in conjunction with the formation of a ULID by eithe r petition o r
resolution under RCW Chapter 36.94.
9) Any water service for this project shall be provided in accordance with
the Coordinated Water SyStem Plan for Spokane County, as amended.
10) The dwellang unit shall be double plumbed for connection to future area-
wide collection systems.
11) Construct a road to serve the property in accordance with adopted County
Standards for pri vate roads.
12) Acknowledge that Spokane County has no responsibility to build, improve,
maintain or service the private road.
13) Should Spokane County be petitioned to construct o r maintain a public
road serving the property in accordance with provisions RCW 36.81, the
owners, their heirs or assigns must:
1} Agree to deliver to Spokane County a properly signed and executed
right of way deed to cover sufficient land for the road.
2) Agree to join an d participate in the formation of a County Road
Improvement Project sanctioned by Spokane County.
14) Applicant must sign and record Spokane County Engineers Form "tJotice
to Public No. 3" of 5/5J81 in o rder to comply with above requirements.
15) Private roads must be signed in accordance with the provisions of
Spokane County Board of County Comnissione rs Resolution fJo. 80-1592
as amended, and constructed in conformance with Section 3.07, Sections
A and B of that title.
16) Applicant should be advised that an approach pe rmit must be obtained
frnm the County Engineer prior to construction of any new driveway
app ro aches.4
Q~
DATED THIS DAY OF `i~~ 1984.
~
-
. OUGL S S ADAP1S , Z N I dG D S"" R
SPOKANE C IVTY, WASHINGTON
SPOKANE COUNTY ZONING ADJUSTOR - PUBLIC HEARING (CONTINUED)
AGEfiDA: APRIL 25, 1984
TIME: 1:15 P.M.
PLACE: Spokane County P1 anning Dept.,~N. 721 Jefferson St., Broadway Centre 61 dg.
B. VARIAiVCES (Continued)
5. VE-49-84 RELAXATIOIV OF FROJJTAGE REQUIR~ME ~T
Gene rally located approximate y 300' south of
6onne Avenue and 150' east of Locust St. in
Section 17-25-44.
PROPOSAL: To allow a single family residence
to be located on a parcel of land
having no county road fmntage,
whe reas the Spokane County Zoning
0 rdinance, Section 4.05.040 requires
65' of cQntinuous public road
f rontage in the Agricultural-
Suburban Zone. --Ac&e~ is vi a _.1 '
wide easement road ex~ending easterly
to the site from Locust St.
SITE SIZE: 11,250 sq. ft.
APPLICANT: Alfred C. Allen
6. VE-51-84 SIGN VARIANCE
Gene rally located on the southeast corner of
Va1leyWay and Pines in Section 15-25-44.
PROPOSAL: The applicant proposes approximately
a 124 sq. ft. sign attached to his
building and extending to the County
right-of-way with a total height of
approximately 20 feet, whe reas the
Spokane County Zoning Ordinance,
Section 4.09.125 requires that no such
sign project more than 2 feet into
any required yard and when exceeding
40 sq. ft. in area, be placed flat
against the building in the Local
Business Zone.
SITE SIZE: Approx. 19,983 sq. ft.
APPLICANT: United Auto Technicians
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~ SPOKANE COUNTY PLANNING DEPARTMENT '
APPL?CATIONS BEFORE THE ZONING ADJIISTOR/BOARD OF ADJUSTMENT
Ce•rtifi cate of Exemption No.: • Application No.:
Name of Appl i cant: r~ Z) 'Z -v~
Street Address: c.' J- i`
City: r-'~ State: z~' ~ - Zip Code: Tele. No..
Name of Property Owner(s): f; c- 7. G N
Requested Rction(s) (Circle Rppropriate Rction):
,Zriance(s) i' Conditional Use Permit Administrative Appeal
iemporary PermTt. Waiver of Viaiation Other:
Zero Lot Line Non-Conforming Lot/Use
* FOR STAFF USE ONLY *
~ C7te Ordinance Section:
* Section TownshipRange 44 Property Size: '7.5'
~
~ Existing Zoning: Comprehensive Plan Designation:
~
* Legal Checked by: Hearing Date: Receipt *
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Existing Use of Property:
Proposed Use of Property: z ~A~
Street Address of Property:
Leqal Description of Property (include easement if applicahle) i~'.✓~~, - r~ ~ ~ , ~ r % ! C~ ~ . .S ~ ~ ~ ~ k f ~p •
Source ofi Legal : y • ~ ~
Total amount of adjoining land controlled by this owner/sponsor:
What interest do you hol din the property:
P]ease list previous P7anning Department actions involvina this property:
n/ G p(~'
I SWEAR THAT I AM RHE -OWNER OF RECORD OR AUTHORIZED A EN7 FOR THE PROPOSED SITE.
IF NOT THE OWNER, WRITTEN PERMISSION FROM SA"N llTHORI NG ` S ON NIS/
HER BEHALF IS ATTACHED.
Si gned . ~Date .
. ~
Address : ~4
~ Phone No. : 41" 12 1`>
NOTARY SEAL: NO7ARY :
DATE :
~
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M►; N THIS SPACE RE9ERVED FOR RECORDER'S USE, ;
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First American Title
INSURANCE COMPANY
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-filad for Racord ot Requesfi af ~
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Na~e..._...... Melvin...~.:... Allen..,_......_ ~ ~
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Addresa ..............110.2...N~.. LoCUSt
Citr and Scaca Spokane, WA. 99206
Quit Cfaim Deed
THE GRANTORg, ALFRED C. ALLEN and LUCILLE M. ALLEN, husband and wife,
ior and in consideration of Ten Dollars ($10 . 00 ) and other valuable consideration
conveys and quic claims to MELVIN D. AI,LEN and LYNETTE K. ALLEN, husband and wife,
the following 'described real catate, eituated in the County of Spokane Stete of Washington,
together with a1l after uquired title of 1he grantor(s) t4►erein:
The South 2/5 of the Northwest quarter of Tract 58 of Opportunity as
per plat therof recorded in Volume "K" of PlatB, page 20, Situate in
the County of Spokane, State of washington. The Grantors herein retain an Easement for ingress and egress over the
South ZS feet of the South 2/5 of the Northwest quarter of Tract 58 of
Opportunity to be used by the owners of the North 75 feet of the South-
west quarter of Block 58 of Opportunity, Except the WEst 150 feet
thereof. This Easement ia to be permanent in nature for the benefit
and._use of the recor8 title owners or parties in interest, their heirs,
assigns and successors in interest.
i
Dsted 4his 28 day of September , 19 83.
.
ALFRED...C . AT.i, ..4...'~~
.
S7'4TE OF WASHINCTON, LUCILI,E M. ALLEN
ee• ,
Councy of Spokane
On thii dRy peroonally appeared 6efore me ALFRED C. ALLEN and LUCILLE M. ALLEN
to me known to be the individual sdescribed in and who executed the within and foregoing inatrument, and
acknowleged that they signed the aame as thef r free iind voluntary act and deed, for the .
uaea and purposes there'sn mentiasud.
GIYEN under my hand and olficial eeal this day of Octobe]c' , 19 83.
. NoEary PubGc in and (or the Siaie o/ W ashingwa. ~
. rtsiding ut SpOKane
IA-21
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SPOKANE COUNTY PLANNING DEPARTMENT
APPLICATIQNS BEFORE TNE ZONING RDJUSTOR/BORRD OF A[)JUSTMENT
. Ce rtificate of Exemption No.: " Application No.- ' r'
Name of Appi icant.
Street Address: J i
City: _ 1.•~ ,r~~ ~ State. Zip Code: Tele. No. IyZ-7
Name of Prnperty Qwner(s): Z_; ~ c
. c l
Requested Action(s) (Circle Appropriate Action):
Variance(s) ~ Condztfonal Use Permit Administrative Rppeai
iemporary Permit Waiver of Uio]ation Qther:
Zero Lot Line Non-Conforming Lot/Use
~ FOR STAFF USE ONLY *
~
* Cite Ordinance Section
~
~ Section Townsnip Range J4q' Pnoperty Size:
* Existinq Zoninq :Comprehensive PTan Oesignation: *
~
~
* Legal Checke d by: Hearing Date: Receipt ~
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***~**,~~*~****x***********w******~*********
Existing Use of Property: iI d A6:.15 ir ir-,
?.Mpased Ute `'bf Property: i~' ~ ~ c ~ ~ . ~
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'Str°eet Address of Property:
•
Ldqal Descrfption of Prvperty (include easement if anplicable) C i',`~ i>.-✓'r~~'
~ T 0 Aj 7 J' YI/ F,- x ~c)
Parce} Source of l.egal : 0' /,v'
' total amount of adjoining land contrnlled by this owner/sponsor: /~p el .~C What fnterest do you hold in the property:
PleaSe li5t previous Planning Depar-tment actions involvina Chis property:
. r f. :
.t 0 A
I SWEAR 1'HAT I AM QNE-OWNER OF RECDRD OR AlJTNORIZED AGENT FOR THE PROPOSED SITE. -
IF NOT THE OWNER, WRITTEN PERMISSION FROM SAID OWNER AUTHORIZING MY ACTIONS ON HIS/
H£R BENALF IS ATTRCHED.
-
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Si gned :
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Address :
Phone No..
. N07ARY SEAL: NQTRRY:
DATE :
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M1
A. VARIANCES '
1. In view of the above info rmation, what special circumstances (beyond your
cont m1 o r acti ons ) dep ri ve you o f the s ame gene ral ri ghts and pri vi 1 eges ' of other property owners within the same zone and vicinity? r
~ - ` /S ~4-'~ ~ Y , l C.- - • ( ~~j R ~ ' t~.
2. If the variance were granted, how would it affect neighboring properties '
or irrprovements?
~r • L , i ~ L t% - r" , . . ~ ..s~ ~ ' . .
8.~., CONDITIONAL USES, ZERO LOT LINE, NON-CONFORMItJG USE, TEMPORARY PERNJITS, ETC.. ,
1. Please give a concise explanation of the proposal including size, hours of
eration, expected traffic and other features, etc.
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, C. WAIVER OF VIOLRTIQN } L, .
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' 1. How or, why was the structure tablished outside the provisions of the 4 Spokane County Zoning Ordinance.
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SICN-OFF BY COUNTY OEPAR'fMENTS
10 COUNTY HEALTH DYSTRICT • . • ~A preliminary consultation has been held to discuss the proposal. The
. appl icant has been infornied of requi rements and standards. -s(Signature) (Date) (Sign-off Waived
~ by Planning Staff)
(2.) COUNTY ENGINEER'S DEPARTMENT
A preliminary consultation has been held to discuss the proposal. The .
app ' ant has be n informed of requi rements and standards.
i atu (Date) ' (Sign-off Waived
by Planning Staff)
C3. ~ COUNT YLUTILITIES DEPAR7MENT
A pre liminary consultation has been held to discuss the proposal. The
appl i cant has b informed of requi rements and standards. Signature ' tDate?, ' (Sign-off Waived
by Planning Staff)
WATER PURVEYOR (if applicable) Name:
a) The proposal is/is not located vrithin the boundary ofi our service area.
b) We are/are not able to serve this site with adequate water.
c) Satisfactory arrangements haveJnave nat been made to serve this proposal.
(Signature) (Date) (Sign-off Waived
by Planning Staff)
THIS SPACE RESERVEO FOR RECORDER'S USE,
~
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.First American Title
,
INSURANCE COMPANY
,
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Fi1ed far itacord af Request of
.
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Naau.......... Melvin..D~...Allen........... _
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Addzu. ..............11.0.2..N :...Locust..................._... ~
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Cstr wd Scate....Spokane,~WA ...~9 9 2 0 b.._~~.
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Quit Claim Deed
THE GRANTOEtS, ALFRED C. ALLEN and LUCILLE M. ALLEN, husband and wife,
tor and in cansideration of Ten Dollars ($10.00) and other valuable consideration
conveys and quit claima to MELVIN D. ALLEN and LYNETTE K. ALLEN, husbalzd and wi fe ,
the following deacribed zul eatate, situsted in the County of Spokane 5tate of Waehingtop,
together with all after acquired title of the grantor(e) thezein:
The South 2j5 of the Northwest quarter of Tract 58 of Opportunity as
per plat therof recorded in Volume "K" of Plata, page 20, Situate in
the County of Spokane, 3tate of Washington.
The Grantors herein retain an Easement for ingress and egress over the
South 15 feet of the South 2/5 of the Northwest quarter of Tract 58 0f
Opportunity to be used by the owners of the North 75 fest of the South-
west quarter of 81ock 58 of Opportunity, Except the WEst 150 feet
thereof. Thia Easement i8 to be permanent in nature for the benefit
atld._use of the record title owners ar parties in interest, their hea.rs,
asaigns and succeasors in interest.
P~
Daoed .ehi. 2$ d,y af September ~ lg 83.
_ FRED...C AL....................... ~ . w
AL.................... ......................................5,~,;.:t'............................
.
S7'1TE OF WASHINGTON, LUCILLE M. ALLEN
~s.
County of Spokane
On this diiy personsiUy appeared before me ALFRED C. ALLEN and LUCTLLE M. ALLEN
to me known to ba the individUSl 3dwcsibed in and who executed the within and foregoing inetrument, tind
aclcnowleaed that thBy signcd the same as their trec and volun4sy act and deed, for thc
uws and purposea therein mentioned.
GIVFN under mp hand and official eeal thie dar of Oetober , 19 83.
Nocarv Pubiic in and or tlu Sinte o/ iPaslungton,
residing as SpOxane
24
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RECEIPT Date. Al~~l_~_ 8831
Received From
~ u ; 1
Address 0
~ Doliars $ aC
;
1! . ~ - ~ , - - - -
' I
Far
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nl-k-OUNT - - - - - HObV FAI[: - - - - - - ~
C151i
ar,1f PAID CNKK ~'1L l I• 1', ~
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8K808
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0 .
ALFKED C. A1.LEN 1619
c)R LUCILLEALLEN ~19
1018 N LUCUST 926-7427 i}M1250
SPOICANE, WA 99206
Pay to the i
order a , .4 ' ' ~ -J $ f 0 ~ . . i
_ - . ~ nouare
Fl ntetstate Bank
i FFEW o1 hlnptan NA
Unlveralty Clty &anch
1011gif'j;tIlte Spokene, WA 88208
fr~~rF
Far
i: L 25000 286i: L04 84 2 895Il' 16 ,
xrl N:V R~6'w•I~~~f~~~~<
!
OFFYCE OF COUNTY ENGINEER
SPO!CAiJF COUN711, wASHINGTON
pate Auril 23
lnter-oiiice Communicot+on
. ~'o.~___ S~okane Countv Zo~lin~, Adjustor ~ ~
f/Offi_ _.,~Q,h,_~,rann rAnrt nevPlQQmetit Cnord inai'or
, Suaject_ Agench3- Item:~€4f --1W4.zi4'9 A4Jri1
t. CUN-11-83 - Weigtlrui.3n - No co+nMe"LS LuncLrninF; thi5 application.
2. VW-23-83 - Young - See atCaclled comment,,.
"s. VS-33-84 A-H - Virgfl Gunderson - See attached comments.
a, VL:-vl-S.+ - i,lewellyn - See attached conuuNntS.
5. VE-49-84 - A1Zen - See attactzed cumments.
b. VE-51-84 - UniCed Auto Tech - No comments rc,acerniilg ehis appiication.
5e
t
~ ~
ILE Ur Luiitil'i E:i, ihcCki
Spokaat (.ounty, Yuhington
~:,ing Adjus[er
FROM: Spokane Cnunty F.nglnetc
SUBJEC'l: Eag2neer's Cond2tlon for Yartance Requeete
'[he condicione daeigoatad belov are aubmitced for your consideracion Ln ttte matcer of
Variance Application No. VJ-_ wq- g!j
Applicant'e Name:x-%lF ~ Lotatlon: S/7 , T r?r N.. R toW E.W.M.
~ Conecruct road in accordance with County standarde for future public rlght of way
"IYact X.
~ Agree [o deliver to Spokane County, rlgh[-of-way for a future County road.
~ Join and participate !n the formation of a County R,oad Idprovement District (&ID)
or Rved Improvemeat Projec[ eaactionad by Spokane Caunty.
~ Acknovledge [hat Spakane Coun[y has no reaponelbility to build, iqprove, aaintalo
or service the Qrivate road.
AppllcaRt auat slgn and record Spokane Cour+ty Fngtaeer form "Not3ce ta RcDlic No.
1" of 5/5/81 in order to couply with above requlreaente.
n Yriva[e roade mue[ 6e eigned in accordance with the provlelons of Spokane County
&>ard of County Commiesioners Resolution No. 80-1592 aa emended, and conetructed in
conformance with Section 3.07, Seciiona A a»d B of CLe[ title.
[j There may be a fucure need for • public road to serve [he deacribed property.
D Agree to deliver to Spokane County CAe right-of-way for e future road.
~ Join and parCieipste in the focmation nf a County Rnad Improvement Dietrict (RIq)
ot Road Improveaeat Pto,ject aenctloreed by Spokaas County.
E] ACknovledge [hat Spokane County has no responeibillty tu bulld, improve, maintain
or service the private road.
E] Appllcan[ muit sign and 1-ecord Spukane County Englneer fora "Tkot1ce to F'uSltc No,
2` of 5/5/81 in order to comply vith above requiremetits.
q Private roade mue[ be elgned Sn accordance with the provieions oE Spokene Count),
&iard of County Comuisalonere Reaolution No. 80-1592 ae amended, and cone[ructed in
conformance with Section 3.07, Sertione A and S of [hat title.
Ccustrec: e roed to aerve the ProPer[y tn eccor(lance with adopted CounCy Standarda
for private roada.
Q' Acknovledge thet Spokane Couaty heo no reoponsibllity to build, improve, maintain
ox service the prlvate road.
Should Spokane County be peCltioned to construct or dalnteln e public road serving
the property in accordance with provisions RCW 36.81, tha ovnQrs, their heits or
aaeigno must:
1) Agree to delivar to Spokane County a proparly signed.and executed right-of-vay
deed to cover sufficiant laod for the road.
2) Agree to jola and participnte in the forsatloa of a County Road Improvemant
Project eanctioned by Spokane County.
Applicanc muat eign and racord Spokane County Eogineer form "Notice to Public r
3" of 5/5/81 !n order to comply with above requiraments.
Private roade muat be eigned in accordance with the provlaione of Spokane Councy
8oard of County Comisaioaers Resolution No. 6D-1592 ae amended, end conatructed in
conformance with Section 3.01. Sectiona A and B of that Citle.
The easement(s) vhich are repreoeated ae e part of [hie application do no[ comply
vl[h Spokane County etandsrd• for private roads (aee SDokane County 8oard of Cou-
miseionera Resolu[!on No. 80-1592 ae awended). It ie, therefore, the Engineec's
recommendation pcior to coneideratlon of the verinnce that the easement be brought
lnco complianee with Spoksne Couaty etaederde or [he verlence be denied.
Applicant should be advised that an approach peemit muet be obtained itom [he
County Engineer prior to the ¢onetruction of any nec+ drivevay apprnaches.
;aemlvar/retq
i
- 8;:i111~031Q ~,.t~~.~.:~"~~:k
~ 11ir.. 785 PnGE 16 A
l vr~ ~
~
No. 3 , . ;,;=L No. ~
NOTICE TO THE PtiBLIC f
.
KNOW ALL MEN BY THESE PRESEN7S, That Alfred C. Allen and
beinq the owners of the foCiowinq described lan s in cansiceratian of mutua4 benefsts
to be hereafter derived do for themselves, their heirs, grantees and assigns, hereby
agree to the following:
Construct a road to serve the lands herein described in accordance with the
adopted County road standards for private roads.
Spokane County has no responsibility to build, improve, maintain or otherwise
service the private roads contained within or providing service to the lands
herein described. By allowing a building permit to be issued on property on a
private road, Spokane County assumes no obligations for said Qrivate road and
the owners hereby acknowledqe that the County has no obliqation of any kind or
nature whatsoever to establish, examine, survey, construct, alter, renair,
improve, maintain, provide drainage or snow removal on a private road.
Should the owners, their heirs and assigns petition Spokane County in accordance with
the provisions of RCW 36.81 to construct and maintain a public road servinq this
property, they further agree to the followinq:
Agree to deliver to Spokane County a properly siqned and executed RiQht of Way
Deed covering sufficient land to accomnodate a future County road to be
constructed in accordance with approved County road standards. Unon the oayment
of the market value of the lands beinq acquired. This option to remain in effect
until the establishment of said County road.
Join and participate in the formation of a County Road Improvement District
(RID) pursuant to RCW 36.88, at sucfi time as a district may be formed or any Road
Improvement Project sanctioned by 5pokane County, which involves the lands herein
described. The owners, their heirs and assigns further agree not to oppose or
pratest any legal assessments for said Road Imprvvement District (RIO) established
pursuant to RCW 36.88. _
These conditions and statements apply to the following described pronerty:
17542 - 1345
mhe Southwest Q,uarter of ?'ract 58, OPPORTLJINITY, according
to plat recorded in Vloume "K" of Plate, Page 20, 22 and 23, in
Spokane CoUnty, tlashington; EXG'F~~ the South 175 feet thereof;
r?~~ flLSO EnCEPT the '.~1est 150 fee of the North 75 feet.
Zn 6ection 17, Township 25 North, Range 44 E•W•M•, in 5pokane
Cou.nty, jJashington.
,1~a4 'S d Jd~' ~
The undersigned owners, t~ s~ essors or assigns release Spokane County and
all its officers, employ~p~,, rt~ ~from any responsiblity or liability for any
damage whatsaever ta the,described lands and improvements thereon as a
result of allowing a buildii+glpe_ t-to be issued on property which is served by a
private road.
These requirements are and shall run with the land and shall be binding upon the
owners, their heirs, successors or assiqns.
Dated t h i s~_ ~day of y~ "5 Z! 19 •
/ i
%
r . . en -
ko/ ~
~ ~('f 7 r ~ c CG1.
li . is8n ~
, R/W 1/1/85
%A~.~E ~o ~U
, r1]
v~i•, 785 Pr,~E 1644 7 '
~1k0.~(
~
NO. 5 ";.~~C.
NOTICE TO THE PtiBLIC~~~~,~~~~
KNOW ALl MEN BY THESE PRESENTS, That Alfred C. Allen and 4l Y 4
Lucille M. Al1en
being the owners of the following described lands in consideration of mutual benefits
to be hereafter derived do for themselves, their heirs, grantees and assigns, hereby
agree:
To authorize the County to place their name(s) on a petition for the formation
of a ULID by petition method pursuant to RCW 36.94 which the petition includes
the Owners property and further not to object by the signinq of a protest
petition against the formation of a ULID by resolution method pursuant to RCW
Chapter 36.94, which includes the Owner(s) property. PROVIDED, this condition
shall not prohibit the Owner(s) or Successor(s) from objection to any assess-
ment(s) cn the property as a result of improvements called for in conjunction
with the formation of a ULIO by either petition or resolution method under RCW
Chapter 36.94. This statement involves the following described property:
17542 - 1345
The Southwest Quarter (SW4) of Traot 58, OPFOP,TUNITY, according
to plat rQCOrded in Volume "K" of Plats, Page 20, 22 and 23, in
Spokane County, Nashington; EXCEPT the South 175 feet thereof;
kND ALSO E:CCEPT the rTest 150 feet of the North 75 feet.
In Section 17, Township 25 North, Range 44 E.N.M., in Spokane
County, Washington.
i
These requirements are and shall run with the land and shall be binding uDon the
Owner(s), their heirs, successors or assigns.
~
Dated this_.Z_day of 19
F
~
y~K,/
4 26 PH ~ SC A-i: f • y en
E nRDY Igr ~
L
IMILLIAM C. DOMAHUE ' uci e. Allen
AuoIroR
;IPOKAN DEP ITYY. WASH:
STATE OF WASHINGTON ) SS YOuNG '
COUNTY OF SPOKANE ) Req Court House xxx
On thi s_j5=day of ~00 C "IfL 19G~ , before my personal ly appeared
Alfred C. and Lucille M. Allen
personally known to me to• be the individual s described herein who executed the
foregoing instrument and acknowledged the said in`strument to be the free and volun-
tary act and deed of said individ , for the uses and purposes herein mentioned.
IN WITNESS WHEREOF, I have ffixed my official seal this day and year
first above written. ~e►y
~
Z~_L'
N t ry Pub ic,'n an or the State
v'~► of Wa ington, residing in Spokane.
R/W 1/1/85 wWashington
~
. •
'
ti.~ 111~50;311 )^.c, ;.A,Ai ~p
~;<<. 785 P;,6E 1644 No. 5 Py,RC.L ko.
' NOTIC:E TO THE Pt1BLIC ~
KNOW ALL MEN BY THESE PRESENTS, That Alfred C. Allen and ` 4f
Lucille M. Allen
being the owners of the following described lands in consideration of mutual benefits
to be hereafter derived do for themselves, their heirs, qrantees and assiqns, hereby
agree:
To authorize the County to place their name(s) on apetition for the formation
of a ULID by petition method pursuant to RCW 36.94 which the petition includes
the Owners property and further not to object by the signinq of a protest
petition against the formation of a ULIO by resolution method pursuant to RCW
Chapter 36.94, which includes the Owner(s) property. PROVIDEO, this condition
shall not prohibit the Owner(s) or Successor(s) from objection to any assess-
ment(s) on the property as a result of improvements called for in conjunction
with the formation of a ULID by either petition or resolution method under RCW
Chapter 36.94. This statement involves the following described property:
17542 - 1345
The Southwest Qua.rter (SW4) of Traat 58, OPFOP,TUNITY, aacording
to plat recorded in Volume "K" of Plats, Page 20, 22 and 23, in
Spokane County, Waehington; EXCF~T the South 175 feet thereof;
kt1D AL50 EXCEPT the +lest 150 fee of the North 75 feet.
In Section 17, Township 25 P:orth, Range 44 E.W.M., in Spokane
County, "aashington.
~
These requirements are and shall run with the land and shall be binding unon the
Owner(s), their heirs, successors or assigns.
~
Dated thi s% day of
F 1:~`p't~u•r'~~`'t7kL+~ -
E n i n r ~ r - Al L en
RoV 4 26 PH s: ~ ; .
wILLIAM r, ooNnHUE -LUCi e. 7llen
Auoiroa
;IPOKANE OOUNTY, WASH.°
DEPUtY`
STATE OF WASHINGTON ) ss
COUNTY OF SPOKANE ) Req Court House xxx
On this (SS-I'day of before my personally eppeared
Alfred C. and Luoille M. Allen
personally known to me to• be the individual(s) described herein who executed the
foregoing instrument and acknowledged the said in'strument to be the free and volun-
tary act and deed of said individ , for the uses and purposes herein mentioned.
IN WITNESS WHEREOF, I have ffixed my official seal this day and year
first above written.
IWIA~i Q X~or N t r y Pub ic, nfn~e State
'J'J► of Wa i ngton, residi ng i n Spoka.ne.
Washintrton
~ R/W 1/1/85 ~
~
1118- 0310 4,&~.~~;
~ pii. 785 PnGE 1642 .4 • _.,.:,;,.~L,.~.a_ . ~
Vf l
NO3 ...:<::~L No.
. ~ NaT1.CE TO T H E PtiBLIC f i~c, rCi~~~.cr r'
r'i iRP43~
. V6 . Z4 C,_. S q_
KNOW ALL MEN BY THESE PRESENTS, That Alfred C. Allen and
T,iir.i 1 1 g M_ A1 1an
beinq the owners of the foilowinq descr-iibed lands n constideration of mutua4 benefits
to be hereafter derived do for themselves, their heirs, grantees and assigns, hereby
agree to the following:
Construct a road to serve the lands herein described in accordance with the
adapted Caunty raad standards for private roads.
Spokane County has no responsibility to build, improve, maintain or otherwise
service the private roads contained within or providing service to the land5
herein described. By allowing a building permit to be issued on property on a
private road, Spokane County assumes na obligations for said private road and
the owners hereby acknowledge that the County has no obligation of any kind or
nature whatsoever to establish, examine, survey, construct, alter, repair,
improve, maintain, provide drainage or snow removal on a private road.
Should the owners, their heirs and assiqns petition Spokane County in accordance with
the provisions of RCW 36.81 to construct and maintain a public road servinq this
praperty, they further agree to the followinq:
Agree to deliver to Spokane County a propErly siqned and executed Riqht of Way
Deed covering sufficient land to accommodate a future County road to be
constructed in accordance with approved County road standards. Unon the oayment
of the market value of the lands beinq acquired. This optian to remain in effect
until the establishment of said County road.
Join and participate in the formation of a County Road Improvement District
(RID) pursuant to RCW 36.88, at such time as a district may be formed or any Road
Improvement Project sanctioned by Spokane County, which involves the lands herein
described. The owners, their heirs and assigns further agree not to oppose or
protest any legal assessments for said Road Improvement District (RID) established
pursuant to RCW 36.88.
These conditions and statements apply to the following described property:
17542 - 1345
The Southwest Quarter (5.•W ) of r!'ract 58, OPPORTU?dITY, according
to plat recorded in Vloume "K" of Plate, Page 20, 22 and 23, in
Spokane County, Washington; EXCF~T the South 175 feet thereof;
A?1~i :lISO EXCEPT the ,•lest 150 feet of the North 75 feet.
In 6ection 17, Township 25 North, Range 44 E•W•M•, in 5pokane
CoiLnty, lJashington.
Xl~~, ~~►aaf,~.
The undersigned awners, t essors or assigns release Spokane County and
a}1 its officers, employe~t,„ rt~ , rom any responsiblity or liability for any
damage whatsoever to the'fLer~, , described lands and improvements thereon as a
result of allowing a building pe t-to be issued on property which is served by a
private road.
These requirements are and shall run with the land and shall be binding upon the
owners, their heirs, successors or assiqns.
Dated thi s 1--day of ~T/ . • 19
/ i
/
r . . en '
u e. se i t
~ R/W 1/1/85
I ~ 1
I L
l
• o
• ~.i
~
~ ~ t..~„,• . ~ f ~f
,
~
'llir 1:, 1: ,wt:i~ ,1,,t-uwn:~~i[ti art• u~r~~.fa~,i ht' lure Lhe Eii~;i;ie~~r'e In• ~~.iiLmcn[ ~an _
t,e,;:n pi•,_:r_5~1l1g yo,ir v.i rldncc app l li it lofi <'is approvEd.
~cgi, ] dc,cr tptlorf vt yuur j,r,jj«rty ) ~ `S
~
> col,y „f 0uVd ur cc,nveying f.
Le};al des:'r t p( iuit t)f yvur nr.ceys r.1SCLoeflt } i n;trwaent
, .
,~'z ciii- rA:iii Atitirs5uC'ti mdp whf i h di'pli•t 5[I!r ]uCaC luii uf youY pruper[y i.
ciiri vut ,ls_.~sai~r's mf-cro-ru;k wV~i ti w(II }~rc~vi,te uaii,•rship infot-ma-
~ ~ '
' ~i Jiytlij~; ~~t tiic iiamze of iu~jivi.~~ials vliu will he 51 ning fhe dueu-
Amrutb whi.:h vill he prer-irrd by the E':ngfiirer's De{iartinent. TTiese ,
i~idivldtial n-iineh shuuld xppe.sr a5 the pct~iuri(s) legetly 51gn their '
- t.ri L. t1i- t•r':• tiCC t T'>ri Q.aji -e'
~ '
due•ulol+its w111 be prepdt'rd bv thr hng ]iire r'S )separtmc•nk '
tipusi pcovi:,.ton of the iciformdtlc>n nnted above. Y'ou Will hr rioltlfled When ttir
,
docuwe!tt~ are ready for slgnatuCe. Tht- dorumunts may he sent [f., yuii, tiouever,
it ahutilt; he n,ited t1iKt all aignatures must be nutarized. Tht: E:nbineer's
~ Ueparim,rr,t doec hd,.,r nutarir3 available tf you cli,,osr to s1gn thr ducuments
uur vt;irr.
al Iou up lt, trn (tii) day~-; tur j,roL:e~4r:inF; nf docunirnLn. ,
~.~,,its, t p~•~ ()r representative:
tva mr fi~ 1_~
!'Iturte~~~_~',,'+,~,~ 7 '
Ac1 d r e s R ji►l.z
h ,t i , I i r.:,. ~
~~t.l~• r
/ ~ M •
C.
I
l. .
!~lt)10'70216 • ~ I
DEED OF TRUST 17
C: ✓ ~ 7 C~ ( ~
TN[S DE-ED OF TRUS"I' is madc this........ day oF Apr i I ~
19. Sl among the Grantor,.~I:Fl'.M. .PdLLEfJ. .an~l LUC'I .ALLErd, husband and~ wi~fe'
. . . . . . . . (hcrcin "$urrower"),. r.I 0~•11ER ~ P;AT~IO~dnL ~Ti TLF. . . . . . . .
F I.RST. AVE.FIUFR ;1'OK~v;~, 'iJA ~`~ic~~ "Trustce"), and the Bene6ciary,
tr ~~.l_.17Y, ,r•1~~7!inl...SA~'.~.~~,GS. E~PfiK.,. . . .
Lxistlr~ ~ndcr ~ F...;'t;~; ' ' ' ' • • • • ~ • • • • • • • .a corporation or,~anized and
g the la~~•s of . . . . . . . 1i t I , t . . . . . . y~ 5T 5. 1
wfiose address is .
.rac.4... . . . . . . . . . . . . . . (hcrrin "Lenclcr'') . .
I;OHliO11'I'.R. IIl COI1tiIdCfation uf th.• in~lrl,tr~lr+r" hrrciir rcciteci anct ttic trust,hcrcin crcatcd, irrcvocably granls
n:l cc,nvrys to Trustrr, in trust, with power o( salr, thr (oIlowing clcscribcd prupcrty locatcd in thc County of
. . . . . . . . . , Si'.U,KAr~E . . . . . . . . . . . . . . . . Scate u[ Washington:. . .
. . . ; _c': •
ie Southwest quarter (SWI/4} af 7-ract.58 of.*.QPPORTUNITY•,~-accord~f.h,g to p•fa`t
It1 V UI U!'1(? I~I :lt~,~ ~,f1l Ifl Spo1~-~i1~' ~..(IUIIT ~ .
Y
. ~ P10HEER iiATIONAI STiIE
~~•l~~!1~
A_., ? , '
'
.
.T , „ ,
%til~ich has the a~l~lress oF . . . (5treetl . ~r •
" . . Ih~r:in I'r~~F~_rt• \,1 i.
[5tate and 2ip Coael
lix~t litER wilh all thc ~:rrct.d on the proper«, an,1 all catirmcnts, riphts.
appurtcAanccs, rrnts (subject howc,.Cr <o thr rights ancl auth(irities gken hcrcin to Lendcr to collcct and apply s11; `
r: nts royalties, mineral, oil ancl gas rights a«el profits, w:iter, tivatrr rights, and water stock, and all fixtures nou
!,cresFtcr anachreJ to the propcrlv, a)) n( mhic•h, irrcl«jing r•crlaccments and aclclitiaris thereto, shall bc deented [c,
L++id tciuain a part ol thc proprrty cuvCred b,. thi, Uccd ut (i u,t; ancl all u[ tlir turcgoing, togcthcr with said pmfi,_:
r(,r the leaschold es(atc if this Decd of Trust is on a icaschold ) arr herein referred to as the "Propcrty";~
To S cvRE to endcr (a) the repayment u( thc indebtcdness evidenccd b~ o ' o t . .
, t ~Znr; 9~ 1 1~~-~~~ ~►AND Q(~LL'AI~S
. . .(hcrein "Notc"), in the principal sum of.~................................
lUr: 10U Dollars, with interest thcreon, providing for montWy
installmcrtts of_p ~ ~cipal and interesi, with the balancc of the indebtedness, if not sooner.paid, due and pa~•able on
. . I.'t 1. f . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . the payment of all other sums, with
interest thcreon, advaneed infccordance hrrewith to pratrct the security of this Deed of Trusr, and the performanee of
the covenants and agreemen of Borrower herein contained; and (b) the repayment of any future advances, with
intcrest thercon, made tp Boower by [.ender pursuant to paragraph 21 hereof (herein "Future Advances").
f3orrower covcnants that Borrowcr is lawfullv sciscd of the estate hcreby conveyed and has the right to grant
and convey the Propcrty, that the Property is uncncumbercd, artd that $orrower witt warrant and defertd generelly
the title to the Property against all claims and demands, subject to any declarations, easements or restrictions listed
in a schedule of exceptions to coveragc in any title insurance policy insuring Lender's interest in the Property.
WASHIHGTON-i to a Fam0r-6,'75-FNMA!FHLMC URIFORM INSTRUMENI
IyC•..}
~
6 0-1 . 3-1 7103-3fiQ91-$
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. NUTICE:: 1'HE SECUKIIl' l\Si-ltUMF:\ I til•:C'l'F2!•:ti :1 \O fl: N1 N1(-fl U(IN Y.-11.\.ti
A PROV1tiI0N ALLOWlNG FOR CFi.11(;F.ti I\' lHl" I\11I•:}2F:tiT R-ifi•:. iN-
CREASf:S iti 7FI£ itiTF:R£S'r R:1"fF: N%11.1. Rf.til'f.S 1\ {I1G}1t:f2 1':11%1111:1{ti.
UF;C'Rf;AS4:S I\ THE ItiTEREST RAfM: t%'I1.1. itl:Sl'I.1 I\ l.()M•:It PA1 N{I•:1TS.
This Rider is made ihis . .2►?a. . da>. of . . RRri.I . . . . . . . . . . . 1981. . ;ind P, in1:c,r1)(Ir.i[<<I iin(, dnd 'liLIll
be deemed to amend and suppfernent the Morrgacc, t)crd (,i fru,,i, ou Uerci tt) Stcure thhi (thr "Securii% 1n.tru-
mestit")of e4ie same dace izi,~en bv the undersigned ithe "BorroN•rr"y tu sccurr t3Orro~Ner's hote t0 . . . . . . . . . . . . . . .
...FIDELITY. _NfUTUALy SAVINGS.BANK,, a..Wash.i.ngton,co,rpora.tl4n.....
.
(the "Lender") of the same date (the "Note") ancl co%cring the propcrty dcwribrd in the Sccurity Instrumcnt anel
1ocated at . . . . 30.1.8. fV.ar.tn. LocuS,t,. 5.pokane, . Washan.gton.. . .99206 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PmpPrt_t :1 dtfreVs
,fCCf11C111s Ill.'1(l1' Ifl I)1C `CCUfII) I11~I1'tiI11Ci11. S3ortm%Cr ;Iiltf
Mc>difications. ln addition f0 I}le COVetld1115 3IlLi Bq
Lender further covcnant and agree as f'aflows:
A. (l~iTFRFC~" RATE Ati[) I~tt~tiT'H[.l' PAl ~[k:\'7 C1:1N(~I•:S
I he Notc has an "1nilial Interest Rate" o) `~O'J. . RII. 1 Ill tiotc, inicrisi r.itr nt.t\ l% clLXi~'.110.1
an each Changc llate, as described in the Note. l'hangrs in ihr inirrrst rate arc co~enned h} clian;cs in ihr "Conu;i_i
lnterest Rate, PurcSiase of Previou5i}' Occupied 4iemcs, National ,`cerage fc)r a4l N1aios TtiPr,
a%;ailable bv the Fedesa4 Hoine Loan Bank fiaasd Sthe "[ndes"1. The +ntcrrm ratti can"Ot hc cha119td e« iu(irc thun
.S.ODOpercentage points higher or loG%er than the Initial lnrerest R.t+c.
If the interest rate changes, the amount oP Bornmrt's monthiy f,aYilient~ %%ifi rhancr a, 111`01.1ded in 1110 N01C. fn-
creases in ihc interest rate •~lI{ lCSUII lll I11gI1e1' )?:i)'►11C111s. {~4:iC:1~C~ titt tite 1111C1C:f %\t4{ fC"Ul1 1f1 St)'•%vi p.1%t11Cf11>.
B. LUr1` LIIAR(,[:S
tt ca«ld be that the loan scrurcd by the Security Inwrunirnt is subjert to a la~% t%)IiCII SCIS f11t1Xil11U111 IOilll l'hilrLeS
and that law is interpreted so that (he iriierest or other loan charges cofierted or to be colfected in cannection \\ith the
loan would rzceed permitted limits. {f this is the case, tltien: 1:\) asiy su:li loan rhargt shall bc redured hti the ai»au+►t
necessary to reduce the chasge to the permitted limit; and (E3) anycums alieacly collected frum [3orrower t% hich e\ceeJ-
ed permitted limits will be refunded to Borrower. Lcnder m.ly C}t(1C15e Io IIIakC thi-~ rci'und by rccluring ihe rrinciPai
owed under the Note or by mal:ing a direct payment to f3orro,%er.
C. 7'RA`tiF£R OF TfiE PROYE:RTti'
If t4tiese is a tran4ec oC the Psorest>. sur.sece co p:trscra;lh l" ef ~~tr Seckuit} In•trumcnr, f tndcr Ina\ iryuirr
either aa increase in the current Note intere5t rate or an incrr:+•e in th: 13.1,; Indc\ figurr, or hnth, a< ;i ;ondieion oI
L.ender tkai~ing (he c,ption [o accelera[e pro~ided i» paragraph 17
.
By signin¢ thic, Barra%%er agrees to all of the abo~e.
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V; •`~;om cr' A1 f red G: -A11 en -BotroN«
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ts t. r . ..~r,.t ~~..f;.. . . . . . . . (Scal)
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r f7~~3 Luci l l e M. Al len'
: J'' ' a~ .
STATE OF WASHI4V6TON )
) ss.
County of Spokane
. On this day of April, A.D. 1981, before me, the undersigned, a PJotary
Puhlic in and for the State of Washington, duly conmiissioned and sworn persona1ly
, appeared ALfRED C. ALLEiV and tUCILLE M. AtLEPS, fiusband and Wi fe, ta ►►ie k+iown ta be
'the irtdividuals described in and who executed tfie foregoing instrument, and acknowledged
to nie that they signed and sealed the said ins'Lrument as their free and valuntary act
and deed farthe use5 and purpases therein mentioned.
Witness my hand and official seai hereLo a«ixed,the day a+id year in this
certificateabove written. -
. r i ~ - ~ : _
Notary Publ ic'-in and for the State of
Washington, residing at Spokane.
ADJUSTaSLE RATE LOAIV RIDER-1 T6 4 fAMSlY-1964-F4ilMC UN4i6RM lN$SRllAtEk!
` .
.
' ZONIfJG ADJUSTOR
SPOKANE COUI'dTY, WASHINGTOPd
IN THE MATTER OF UE-49-84; ALLE14 ) FINDIfJGS OF FACT,
RELNXATIOfJ OF FRONTAGE REQUIREh1ENT ) DECISION AND CONDITIONS
TH1S MATTER, Qeing the consideration by the ?oniny Adjustur of Spokane
County, in hearing the application (VE-49-84), for the purpose of establish-
ing a single fainily residence on property with no county road frontage, here-
inafter referred to as the "Proposal", and the Zoning Adjustor of Spokane
County having held a public hearirig on April 25, 1984, and having fully con-
sidered all testinbny presented thereat, and furthier having visited the site
and vicinity in question, and having rendered a decision on the 9th day of
May, 1984, APPROVIfJG sai d proposal, does hereby iiiake the fol lowing:
FINDINGS UF FACT
l. That the prroposal is generally located approximately 300 feet south
of Boone Avenue and 150 feet east of Locust Street in Section 17-25-44.
Parcel #17542-1345.
2. That the proposal consists of establishing a single family residence
on a parcel of 1 and having access vi a a 15 foot wi de easement road whi ch
extends easterly to the site from Locust Road.
3. That the adopted Spokane County General i zed Coiiiprehensi ve Land Use
Plan indicates Urban usage of the area eiiconipassed by the pr-oposal.
4. That the site is zoned Agricultural Suburban.
5. That the applicant has submitted a proposed easement of 15 feet in
width serving as access to the pa rcel. The easenient has been recorded with
the Spokane County Auditors Office (Auditors Recording #83100110039, Volume
660, Page 1244).
6. That the appl icant has been made aware of the reconvnendations of
various county/state agencies reviewing this prnject which include the Depart-
ment of Building & Safety, County Utilities Departnvnt, County fiealth District,
and County Enyineers Depai°tinent and has indicated he can coii,ply with those
re connnendations.
7. That the proposal does not appear to be detriniental to ac~jacent
properties nor have an adverse impact upon the property and improvements in
the area.
8. That no one appeared to oppose tfie proposal nor were any written
comnents adverse to the proposal received.
9. That the proposed site plan indicates that setbacks, parking, height
of the structure(s) will conform to the Spokane County Zoning Ordinance.
10. That the proper legal requirer~Ents for advertising of the hearing be-
fore the Zoning Adjustor of Spokane County have been met.
CONCLUSION
Following review of the Planning D2partnient file, consideration of the
public testimony, and circumstances in the area of proposal, the Zoning Adjustor
concludes that the proposal is not detriiiiental and is compatible to the public
health, safety and welfare.
UECISION
From the foregoing Findings, a review of the Planning Department File No.
VE-49-84, testiirlony at the public hearing and a site visit, the Zoning Adjustor
hereby in APPROVING the proposal e5tablishes the following conditions:
A. COIdDITIONS OF APPROVAL
1) All buildings and structures require building pe rmits as per Section
301 of the Uniform Quilding Code.
Continued
FII4DINGS OF FACT, DECISION AtJD CONDITIOtis VE-49-84 PAGE 2
A. C0I4DITIONS OF APPROVAL (Continued)
2) Sewage disposal method shall be as authorized by the Director of
Utilities, Spokane County.
3) Subject to specific application approval and issuance of pe rnlits by
the Health Officer, the use pf an individual on-site sewage system may
be authorized.
4} Water service must be coo rdinated th►ro ugh the Director of Utilities,
Spokane County.
5) Water service shall be by an existing public wate r supply when approved
by the Regional Engineer (Spokane), State Department of Social and
Heal th Servi ces.
6) Use of private wells and water system5 is prohibited.
7) Pursuant to the Board of County Commissioners Resolution Pao. 80-0418,
the use of on-s i te sewe r di spos al sys tems i s he reby au thori zed. Th i s
autho rization is conditioned on compliance with all rules and regula-
tions of the Spokane County Health District and is further conditioned
and subject to specific applicati4n approval and issuance or permits
by the Health Office r.
8) The Owner(s) and Successor(s) in interest agree to autho rize the County
to place their natre(s) on a petition for the formation of a ULID by
petition method pursuant to RCtJ 36.94 which the petition includes the
Owner(s) property and further not to object by the signing of a protest
petition against the fo rniation of a UIID by resolution method pursuant
to RCW 36.94 which includes the Owner(s) p►ro perty. PROVIDED, this
condition shall not prohibit the 04rner(s) or Successor(s) from objection
to any assessment(s) on the property as a result of iniprovements called
for in conjunction with the foriuation of a ULID by either petition o r
resol ution under RCW Chapter 36.94.
9) Any water service for this project shall be provided in accordance aaith
the Coordinated Water System Plan for Spokane County, as amended.
10) The dwelling unit shall be double plumbed fo r connection to future area-
wide collection systenu.
11) Construct a road to serve the pi-operty in accordance wi th adopted County
Standards for pri vate roads.
12) Acknowledge that Spokane County has no responsibility to build, improve,
maintain or service the private r•oad.
13) Should Spokane County be petitioned to construct or maintain a public
road serving the property in accardance with provisions R&d 36. al , the
owne rs , the i r he i rs o r as s i yns iiiiis t:
1) Agree to deliver to Spokane County a properly signed and executed
right of way deed to cover sufficient land for the road.
2) Ag ree to join and participate in the formation of a County Road
Improvement Project sanctioried by Spokane County.
14) Applicant must sign and record Spokane County Engineers Form "Iiotice
to Publ i c No. 3" of 5/5181 in order to coiiiply wi th above requi reitients.
15) Private roads iiiust be signed in accordance with the provisions of
Spokane County Board of County Comiiissioners Resolution fdo. 80-1592
as anended, and constructed in conformance with Section 3.07, Sections
A and B of that title.
16) Applicant should be advised that an approach perrnit must be obtained
from the County Engirieer prior to construction of any riew driveway
approaches-
Q~
DATED THIS / r~ DAY OF _ _ _ , 1984. -
t
OUGLAS SaoAr~is, I
'prIG ADJUSTOft
SPOKANE f_ (tIJTY, WASHIPJGTON
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ZONING ADJUSTOR
SPOKANE COUN7Y, WASHINGTON
IN THE MATTER OF RELAXATION OF FLANKING ) FINOINGS OF FACT,
STREET SETBACK REQUIREMENT. (VE-49-85); ) CONCLUSIONS, DECISION AND
HILLTOP ASSOCIATES ) CONDITIONS OF APPROYAL
7HIS MATTER, Being the consideration by the Zoning Adjustor of Spokane
County, in hearing application YE-49-85, hereinafter referred to as the
"Proposal", and the Zoning Adjustor of Spokane County having held a public
hearing on June 6, 1985 and having fully considered all testimony presented
thereat, and further having visited the site and vicinity in question, and
having rendered a verbal decision on the 6th day of June, 1985 DENYING the
application as submitted and APPROYING a variance of five (5) feet (a building
setback of forty-five (45) feet from the centerline of Boone Avenue), makes
the following:
FINDINGS OF FACT
1. 7hat the proposal is generally located on the south side of Boone
Avenue, between Mullan Road and Stout Road in the Spokane Valley in Section
15, Township 25N, Range 44 E.W.M. and is further described as Assessors Parcel
#17542-1115, being more specifically described in documents cantained in
Zoning Adjustor file YE-49-85 and Zoning file ZE-39-85.
2. 7hat the subject property was the object of a zone change hearing,
simultaneous with the Zoning Adjustor hearing on June 6, 1985, in which the
Spokane County Hearing Examiner Comnittee approved the zone change from Single
Family Residential (R-1) to Local Business (LB) and a copy of that action is
herewith attached.
3. That the proposal (acting on the knowledge that the zoning has been
changed to Local Business) consists of a request by the applicant to locate
the north facing edge of the structures at a location 45 feet from the
centerline of Boone Avenue (15 feet from the property line) rather than the 50
feet from the centerline (30 feet from the property line) as required by
Section 4.09,070 d.3, of the Zoning Ordinance.
4. That the adopted Spokane County Future Land Use Plan designates the
area of the proposal as MAJOR COMMERCIAL and the proposal is consistent with
the Land Use designation; that, however, Decision Guideline 6.1.5 b? state
that the proposal should consider the impact upon existing or planned
transportation facilities and conform to County transportation plans and
policies; but that in the opinion of the Zoning Adjustor, to grant a variance
to the setback requirement of the magnitude urged by the applicant would be
inconsistent with the County's transportation plans and policies.
5. That the site is zoned Local Business (June 6, 1985 action of the
Hearing Examiner Committee) which would allow the proposed use, regardless of
the approval of this application; however, a denial of this application would
require a redesign of the proposal to be consistent with the outcome of the
decision on this applzcation.
6. That the existing land uses in the area of the propasal include
offices to the north, single family residential to the south, single family
residential to the east and a church to the west all of which can be made
compatible with this proposal with suitable mitigating measures applied as
conditions of approval.
7. That the Zoning Adjustor reviewed Local 8usiness variance files in
Mullan/Argonne Road corridor between Sprague and the freeway and found only
one variance, VE-53-84, which bore resemblence to the subject case.
FINDINGS OF FACT, CONCLUSIONS, DECISION AND CONDITIONS OF APPROYAL
FILE YE-49-85 PAGE 2 '
8. That YE-53-84 was a consideration of a variance for a very similar
proposal in a location one block to the north, also located between Stout and
Mullan Roads; but, that the applicant in that case chose to seek a variance of
the setback requirements on Stout rather than on Sinto (the comparable street
to Boone); that this approach in effect turned its back on the residential
area to the east and concentrated the exposure of the undesirable elements and
aspects of the proposal on Mullan Road, while honoring the flanking street
setback on the north side of the site; that the Zoning Adjustor notes the
proposal in question has provided equal intensity of activity on both the
Mullan Road and Stout side of the proposal, with the exception that no access
is proposed onto Stout; and that the Zoning Adjustor believes the effect of
this has been to not buffer the area to the east adequately, thus creating
some measure of injury to adjacent property improvements and some measure of
detrimental impact to the general welfare.
9. That the Zoning Adjustor also examined all similar areas of Local
Business/flanking street situations in the Mullan/Argonne Roads corridor and
found no similar situations where the flanking street appeared to have been
compromised, except in one instance on the north side of Broadway Avenue
between Argonne and Mullan Roads, wherein it appears that a site plan was
approved and a structure built in violation of the flanking street setbacks on
the south side of Broadway Avenue, and that the Zaning Ad3ustor will not
recognize a standing violation as a situation which sets precedent.
10. That the Zoning Adjustor makes note of the fact that the properties
imnediately to the west, located between Mullan and Argonne Roads, are also
zoned R-1 and will most likely be subjects of application in the future for
conversion of zoning to some form of business or comnercial use; that when
such rezoning efforts occur it would not be in the public interest to have
established a precedent on the south side of Boone, adjacent to the east side
of Mullan Road which would suggest or set a precedent for a deviation from the
flanking street setback on the south side of Boone Avenue; and that it is the
Zoning Adjustor's opinion that to set such a precendent would be detrimental
to the general welfare if it is not absolutely necessary to do so.
11. That, regardless of the findings made above, there are special
circumstances which militate for a variance of some degree; mainly, the fact
that the block is extremely narrow between Mullan and Stout Roads and the site
has three public road frontages, all of which demand setbacks suitable to
frontage on a road, thereby establishing special circumstances of site size,
shape, location and surroundings which in turn suggest the need to grant
relief at some location.
12. That it is the Zoning Adjustor's opinion that relief of the setbacks
has not been sought in the most suitable location; and that the previous
reference case of VE-53-84 was a better solutian for the same site difficulty.
13. That a hardship is created on the site due to the above special
circumstances, but that the applicant has intensified the hardship and
therefore justifies his request for a variance to a substantial degree by the
site plan which he has chosen to advocate. 14. That pursuant to the State Environmental Policy Act the environmental
checklist and other data has been reviewed and the pro.ject has been found to
not have any probable significant adverse impacts to the physical
environment. A Oetermination of Nonsignificance (DNS) was issued by the
Zoning Administrator on May 14, 1985 and sent to 6 agencies of jurisdiction.
The agencies reviewing the checklist neither indicated that a more detailed
FINDINGS OF FACT, CONCLUSIONS, DECISION AND CONDITIONS OF APPROYAL
FILE YE-49-85 PAGE 3
environmental review should be provided nor comnented that the DNS should be
re-considered. Comments regarding environmental matters were not made at the
public hearing. There was not sufficient evidence presented pursuant to WAC
197-11-340 (3) (a) to withdraw the DNS.
15. That the Zoning Adjustor has reviewed and concurrs with the various
conditions of approval placed on the project by the Hearing Examiner Comnittee
and adopts those applicable to the variance application as his own and places
the responsibility for site plan review of the flanking street yard with the
Zoning Administrator with regard to landscaping; with the Spokane County
Engineers Office with regard to any use of the flanking street yard as part of
the site drainage plan; alternatively to the site drainage plan with the
Spokane County Nealth District as a potential location for a portion of the
sanitary waste disposal field.
16. That, in the opinion of the Zoning Adjustor, a variance of 5 feet (45
feet from the centerline of the road) when combined with a re-designed site
plan more effectively using the space on the site would accomplish the
objectives of the applicant without serving as a detrimental precedent to
future actions while recognizing the special circumstances which do exist but
which in and of themselves do not substantiate a variance of the magnitude
requested by the applicant.
17. That the Zoning Adjustor would entertain another variance in as
expeditious a time possible; but in granting any other variances to the site
reserves the right to withdraw any variance which may be granted through this
acti on.
From the Findings of Fact, the Zoning Adjustor comes to these:
CONCLUSIONS
l. The proposal as set forth by the applicant is to a measure
detrimental to and is not compatible with the public health, safety and
general welfare.
2. The subject property is to a degree deprived of privileges comnonly
enjoyed by some other properties in the same vicinity and zone and the
granting of the variance to 45 feet from the centerline of the road to a
comparable degree remedies some of that difference.
3. To grant the full request by the applicant would be to grant a
special privilege inconsistent with privileges enjoyed by other properties in
the vicinity and zone; but the granting of the variance to 45 feet from the
centerline of the road, while still a grant of special privilege is consistent
with and in recognition of the special circumstances described in the Findings
of Fact.
4. In the opinion of the Zoning Adjustor the granting of the variance as
requested would be materially detrimental to the public welfare, specifically
the precedent it may set for future Local Business zoning on Boone between
Mullan and Argonne Roads or further to the west of Argonne Road, and may also
be injurious to property or improvements in the vicinity insofar as there is
almost an equal degree of vehicule activity proposed on both Stout Road and
Mullan Road sides of the site, with the exceptiQn of ingress!egress; and that
the Stout Road impact could be lessened through a different site plan and the
consideration of a similiar variance on the Stout Road side thus negating the
perceived need for a variance on the flanking street (Boone Avenue) side.
DECISION
From the foregoing Findings of Fact and Conclusions, the Zoning Adjustor
DENIES the variance as originally sought by the applicant and APPROYES a
variance of 5 feet (to establish the building setback at 45 feet from the
centerline of Boone Avenue). The following CONDITONS OF APPROYAL are
stipulated.
F.INDINGS OF FACT, CONCLUSIONS, DECISION AND CONDITIONS OF APPROYAL
FILE YE-49-85 PAGE 4 °
CONDITIONS OF APPROYAL
l. If other variances are sought regarding this piece of property, it would ,
be the prerogative of the Zoning Adjustor, in any future deliberation and '
decision, to eliminate the variance granted in this situation or to reduce
the variance below five (5) feet, but not to enlarge the variance.
2. The Zoning Adjustor grants respectively to the authorities of the Zoning
Administrator. County Engineer and the Health Officer such
responsibilities to act in behalf of the public interest and general
welfare to utilize the Boone Avenue flanking street yard for the most
appropriate purposes of dec,orative landscaping, including grass '208'
drainage areas or sanitary waste drainfield areas in an effort to be as
flexible as possible with any proposed redesign of the s1te.
3. This variance is granted solely on the condition that the property is
zoned to Local Business and shall not be effective on the subject property
in the event the decision to approve Local Business zoning is overturned. I
~
DATED THIS IDAY OF 19 g S.
I
THd S G. MOS , AICP,
ZONING ADJUSTOR POKANE COUNTY, '
WASHINGTON '
FILED:
1) Applicant
2) Parties of Record
3) Spokane County Engineers Office
4) Spakane County Dept. of Building b Safety I
NOTE: ANY PARTY AGGRIEVED BY THIS DECISION MUST FILE AN APPEAL WITHIN TEN
(10) CALENDAR DAYS OF THIS DATE.
0005z/6-85