VE-193-84 & CUE-39-84
. 1
ZONING ADJUSTOR
SPOKANE COUNTY, WASHINGTON
IN THE MATTER OF CUE-39-84/VE-193-84; BELKNAP) FINGINGS OF FACT,
C0N6ITIONAL USE PERMIT FOR AN ACCESSORY USE ) DECISION AN0
IN THE RESIDENTIFlL OFFICE ZONE AND VARIAfICE ) CONDITIONS
FOk FLGR AREA )
THIS MATTER, Being the consideration by the Zonirig Acjustor of Spokane
County, in hearing application CUE-39-84iUE-193-84, hereinafter referred to
as the "Proposal", and the Zoni'ng Adjustor of Spokane County having held a
public hearing on November 14, 1484 and having fully considered all testimony
p resented the reat, arid furthe r having visited the site and vicinity in question,
and having rende red a decision on the 21st day of November, 1984 APPROVING
said proposal, does hereby malce the following:
FINDINGS OF FACT
1. That the proposal is generally located on the northwest corner of
Sprague Avet}ue and Sunderland Road in Section 17-25-44. Parcel #17543-1716,
1723 an d 1721.
2. That the proposal consists of establishing a 870 square foot pharmacy
in a medical/dental office complex. 7he pharmacy constitutes approximately
12% of the total office area. The total area of the rre dical/dental complex
corrQrises approximately 43,000 square feet.
3. That the adopted Spokane County Gene ralized Comprehensive Land Use
Pl an indi cates Comnerci al usage ofi the area encompassed by the p►roposal. That
the proposal generally does conform to the 'density and use guidelines of the
County Land Use Plan.
4. That the site is zoned Residential Office which would allow this use
upon the approval of thls application.
5. That the existing land uses in the area of proposal include businesses
to the south arid imnediately east and west of the prroposal. Residential uses
11e gerierally north of the site with a gravelled parking area which generally
appear compatible with the Qroposal.
6. That the legal notice for this permit created the impression that a
much larger drug store was planned wich was corrected at. the hearing.
7. That the proposed accessory pharmacy appears compatible with the other
uses iri the area if p►roperly developed.
8. That area residents who appeared to oppose the proposal or request
improvements were primarily concerned with the unpaved portion of the property
lying generally within parcel 17543-1721 which was zoned Residential Office in
1964. The Zoning 0 rdinance requires all travel1ed surface to be paved within
the zone and from a site insQection and the photographs submitted by Mr. Ray
Eberle, the northerly portion of the parcel is used as a parking area but remairis
unpaved. (See Spokane County Zoning 0 rdinance, Section 4.47A.110).
9. That the 1 ands capi ng requi rements of the Resi denti al Offi ce zone do
not appear to have been complied with for the riortherly portion of the property
(See 5pokane County Zoning Ordinance, Section 4.07A.120).
10. That apprnval of a requested Conditional Use Permit and/or Variance must
be necessarily tied to the applicant's cornpliance with the other express pro-
visions of the zone in which a prvject is proposed, i.e., compliance with Sections
4.07A.11Q and 4.07A.120 of the Spokane County Zonirig Ordinance.
. . . coriti nued
• Mt
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FINDINGS OF FACT, DEGISION ANO CONDITIONS CUE-39-84JVE-193-84 PAGE 2
CONCLUSION
Following review of the Plarinirig Department file, consideration of the
Qublic testimoriy, ar►d circumstances iri the area, the Zoriing Ad}ustor concludes
that the p roposal is not detrimental an d is compatible to the public health,
safety and welfare, provided the applicant develops the property in accordance
with the Residential Office Zone standards.
DECISION
Frvm the foregoing Fiiidirigs, the Zoning Acjustor hereby in APPROUING the
proposal, establishes the following conditions:
CONDITIONS OF APPROVAL
1) Prior to bui1ding permit release vr occupancy permit release, the applicant
shall demonstrate to the Spokane Gounty Zoning Administrato r that the
necessary parking and landscaping requirements have been fulfilled for this
property.
2) Pursuant to Section 502 of the Uniform Building Code, no change in occupancy
shall be made without the issuance of a Ce rtificate of Occupancy. The
appl i cartit must contact the Bui l ding and Safety Department for review of
buil ding code requi rements.
3) The Owner(s) or 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 ir►cludes the Owner(s)
property and further not to object by the signing of a protest petition
against the formation of a ULID by resolutioii method pursuant to RCW
Chapter 36.94 which includes the Owner(s) prope rty. PROVIDED, this condition
shall not prohibit the Owner(s) or Successor(s) from objection to any
assessments ori the property as a resu1t of improverrents called for in con-
junction with the formation of a ULID by either petition or resolution
method under RCW Chapter 36.94.
DATED THIS 21st DAY OF November , 1984.
D U L 4CNTY, S, ZONING JUST R y
SPOKANWASHINGTON
NOTE: ANY PARTY AGGRIEVED BY THIS DECISION Ml1ST FILE AN APPEAL WITHIN TEN (10)
DAYS OF THIS DATE.
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SPOKME COUNTY ZONING ADJUSTOR - PUBLIC HEARING TELEPHONE NO.: 456-2205
AGENQA: NOVEMBER 14, 1984 •
TIME: 1:15 P.M. -
PLACE: Spokarie Courity Plaiinirig Department, N. 721 Jeffersori St., 2nd floor hearing room
B. CONDITIONAL USE PERMIT AND VARIANGE
3. CUE-39-84/VE-193-84 T~VA AUSESE~NpE ~~T FOE RES ~IDLg )R E FICE
l) I{~ TC: Gene ra y 1 ocated on tie no nwes t
corner of Sprague Avenue and Sunderl and Road
in Sectiori 11-25-44.
PROPOSAL: Applicant requests a conditional use
permit to locate a pharmacy on the sitE
in conjunction with a denta] office
(Sectiori 4.24.550 Spokane County Zonin(
Ordi nance) . The appl i cant requi res a
variance from Section 4.25.550 (1) in
that the total floo r area of the
pharmacy is greater than 10% of the
total residential office building
square footage.
SITE SIZE: Approx. 43,400 sq. ft.
APPTTRA'f: Doriald Belknap
4. VE-41-84 RELAXATION OF [R~NTAGE REQU~REMENT
Generally loca e south ot' roadWay Avenue, north
of Alki and west of Dick Road in Section 18-25-44.
PROPOSAL: To allow a residence ori a parcel of
1 and having 49' of frontage on Di ck
Road, whe reas Section 4.04.040 of the
Spokane County Zoning Ordinance re-
quires 100' of continuous public
road frontage in the Agricultural
zone.
SITE SIZE: Approx. 31,200 sq. ft.
APPLIGANT: Arthur Pfi tzer
5. VN-191-84 RELAXATION OF [ROKT YARO SETBACK REQUj~tE~ENT
Generally loca ed South and adjacent (.op en Avenue
in Section 26-26-43.
PRQPOSAL: To allow a detached garage to be
located 14' from the front property
line whe reas Section 4.04.150 (bl)
requi res a front yard setback of 55'
from the centerl ine of the roadway or
25' from the property line; whichever
provi des the greater setback from the
centerline of the roadway right-of-way. !
Property is zoned Agricultural.
SITE SIZE: Approx. 40,000 sq. ft. '
APPLICANT: Ken Norby !
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s~~''''' SPOKANE COUNTY PLANNING DEPHrcrMENT
" A PLICATIONS BEFORE THE ZONING ADJUSTOR/BOARD OF ADJUSTMENT
.
. , VE--
Ce rti fi cate of Exempti on No. : A.ppl i cati on No. : CLrL -OeD-~~
Name of Appl i cant: _220i?Q C.-3~/~.~ q~.
Street Address: ~3c[ t2 z. A Ja ►~cr.
City: VeJ" rc State: CeJ Q- . Zip Code: 99o;31y Tele. No.: 9y6"`SO S1-
~
Name of Property Owner(s): c~'Gt-vtt~ .
Requested Action(s) (Circle Approp riate Action): RECE IV E F-~
Variance(s) onditionaT-Use Permit Ackninistrative App,e.al
orary Permit Waiver of Violation Other: u 1 1:.' 1°84
Ze ro Lot Line Non-Conforming Lot/Use SPOKANE COur~ir
P'LANNT~lG DEPARTMENT
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * -
* L6 FOR T FF USE ONLY ~~p
o~~.r»~ar~ ~ s 5re,a-
* ibnc,c : 4. ~4 ~s v% o a area ~P
~ Cite Ordinance Section :~•Z~SSc~ - t~.C~. G~c,u.~~•.-+ Lla.s -'-fDN~,~.w.~1 ~o°Io 0
* • ~ ~ `K~s d~r.t~'+t'
~ Section 17 Township Z_S Range z c Property Size: ~►c.e.~3~~
Existinq Zoning: 5~'C) •-/5-(rf5 Comprehensive Plan Designation:
~ Legal Checked by: Hearing Date:k~ml /4/, 19X~( Receipt ~
~
~
Existing Use of Propewty:
Proposed Use of Property: a'J;stac~
Street Address of Property: 9719 ~~PAa ~a N'Z~-&•
Leqal Description of Property (include easement if appl icable)
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~F , ~ ~-~r~ ~ 'c~ ~ . ,,t -r= d ; r ~ t x c.
.Ie0 4~-Z-3. .
R~.-0 . _D-I 7,544-3-171 & -/7 Z 3-! 7Z. /
°1"_'~Parcei #:.'~zc/? Source of Legai: ,~a_,,,-~rc,.~-•
Total -amount of adjoining land control led by this owner/sponsor:W. ?o /-`aA ti
L~. % 0 9 So ~ ESj5Pn o~ uz.
What interest do you hol d in the property: L ow.~ f~ ~~e o.&/q .
" U
Please list previous Planning Department actions involvina this property:
2-au.01t° ) Z--F, - l,t;""-~.~9
I SWEAR THAT I AM THE OWNER OF RECORD OR AUTHORIZEO A6ENT FOR THE PROPOSED SITE.
IF NOT THE OWNER, WRITTEN PERMISSION FROM SAID OWNER AUTHORIZING MY ACTIONS ON HIS/
HER BEHALF IS ATTACHED.
Si gned : (~~c¢~'t`~~ate : /v
' Address :A(/7- ~ A da ►n S U Q d . Vq&ac~cc Ic
; . . .
Phone No. .
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~lNOTkRY ScAI. : NOTARY
2 yi-, 9,
DATE :
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A. VARIANCES h In 'ew of the above information, what special ci rcumstances (beyond your
' con rol or actions) deprive you of the same general rights and privileges
of ther property owners within the same zone and vicinity?
1
2. JIthe riance were granted, how would it affect neighboring properties
qr improv nts?
~
~
B. CONDITIONAL USES, ZERO LOT LINE, NON-CONFORMING USE, TEMPORARY PERMITS, ETC.
l. Please give a concise explanation of the proposal including size, hours of
operation, expected traffic and other features, etc.
~Ui~dra9 l S ~7c) 5.3 -4. 1 T~S nc W Ct wey44 1 c5A,
C%E, _
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1/h o~1 o s~. 7~'0 • D s C: 1► ep/? o h 1-7A aA.1+ a C y ~ o
Co ,4t n li n4 C4 4 f f{~ f11~d i c al 'f? S. IC~p ~1~ s
9 - 7 . s /2 a
C. WAIVER 0 VIOLATION
1. Ho or why was*the structure established outside the provisions of the
~S kane County Zoning Ordinance? •
D. SIGN-OFF BY COUNTY DEPARTMEfJTS
~ COUNTY HEALTH DISTRICT
A preliminary consultation has been held to discuss the proposal. The
applicant has been informed of requirements and standards.
(5ignature) (Date) (Sign'.dFf Waived
by Planning Staff)
2. COUNTY ENGINEER'S DEPARTMENT
A preliminary consultation has been held to discuss the proposal. The
applicant has been informed of requirements and standards.
/o-- /.Z-- e
~
gna) (Date) (5ign-off Waived
by Planning Staff)
. COUNTY UTILITIES DEPARTMEN-f
A p liminary con ultation has been held to discuss the proposal. The
ap i cant s informed of requi rements and standards.
ISigna u e (Date) ~SiQn-off Wa;ved
, _;,y_ 0? anh9 trg _Staff )
ATER PURVEYOR (if applicable) Name: - - -
tei•vice area.
a The proposal islis not located within the boundar; of -ou-z
b) We are/are not able to serve this site with adequate"water.
c) Satisfactory arrangements have/have not beE>> made to seh,~ . :sis proposal.
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(Signature) (Date) (Sig4n-_rai1v)ea
by Pl a;;ni ng Staff )
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