VE-35-85
ZONING ADJUSTOR
SPOKANE COUNTY, WASHINGTON
IN THE MATTER OF RELAXATION OF SIDE YARD ) FINDINGS OF FACT, I
SETBACK REQUIREMENT. (YE-35-85); ) CONCLUSIONS, DECISION AND
NORTHWEST FOOD BROKERS, C/0 D.J. HUME ) CONDITIONS OF APPROVAL
THIS MATTER, Being the consideration by the Zoning Ad,justor of Spokane
County, in hearing application VE-35-85, hereinafter referred to as the
"Proposal", and the Zoning Adjustor of Spokane County having held a public
hearing on Apri l 26, 1985 and having ful ly consi dered al l testimony presented
thereat, and having rendered a decision on the 26th day of April, 1985,
APPROVING the proposal, makes the following:
FINDIN6S OF FACT
1. That the proposal is generally located between Mullan and Stout Roads,
app roximately 148 feet no rth of Boone Avenue in Section 17, Township 25, Range i
44 and is further described as Assessors Parcel #17542-0832,
2. That the p roposal consists of allow an addition to an existing build-
ing (for storage purposes) to be located 5 feet from the south properly line,
whereas Section 4.07A.090 2.b of the Spokane County Zoning Ordinance requires
a 20 foot side yard setback unless the adjoining lot is occupied by a non-
residential structure in which case the required setback shall be ten feet.
3. That the adopted Spokane County Future Land Use Plan designates the
area of the proposal as COMMERCIAL and the proposal is consistent with the
County's entire Comprehensive Plan, including the Futu re Land Use Plan.
4. That the site is zoned Residential Office which would allow the
proposed use upori approval of this appl i cation.
5. That the existing larid uses in the area of proposal include duplexes
to the east, residential office uses to the south, retail to the west, futu re
retail unde r construction to the north, all of which are compatible with the
p ropos al .
6. Recent zoning in the area has beeri to Local Business and Commercial
zones which allow a 5 foot side yard setback.
7. The subject site was zoned Residential Office in 1977; subsequent
to which zoning occured on the parcels to the south to Residential Office.
8. That a variance was granted to the retail establishment located to
the north of the subject sit allowirig a 20 foot f ront yard setback.
9. That the uses to the south a re Residential Office in characte r which
necessitate the subject site to maintain a 10 foot side yard setback.
10. That the planned expansion, as indicated by the applicants agent,
D. J. Hume, is to be used for dry good sto rage fo r sample commodities distributed
by Northwest Food Brokers.
11. That the appl i cants agent i ndi cated no retai 1 sales woul d occur from
the facility.
12. That the applicants agent indicated at the public hearing that the
property owners to the south indicated verbal favortism to the requested
variance and that the planned expansion would not be detrimental to their
facilities.
13. That the appl i cant has beeri made aware of the recorrrnendati ons of
various County/State agencies reviewing this project and has indicated they can
comply with those recommendations.
14. That the p roposed site plan indicates that parking, height of the
structure will conform to the Spokane County Zoning 0 rdinance.
15. That no one appeared to oppose the proposal nor were any written
comrnents adverse to the proqosal recieved.
16. That the prnper legal requi rements for advertising of the hearing
befo re the Zoning Adjustor of Spokane County have been met.
continued
a
I
FINDINGS OF FACT, CONCLUSIONS, DECISION AND CONDITIONS OF APPROVAL
FILE #VE-35-85 PAGE 2
From the Findings of Fact, the Zoning Adjusitor comes to these:
CONCLUSIONS
1. That the proposal is not detrimental to and is compatible with the
public health, safety and welfare.
2. The granting of the variance is not a grant of special privileges
inconsistent with privlleges enjoyed by other prope rties in the vicinity an d
zone.
3. Because of special circumstances applicable to the subject prnpe rty,
the strict application of the standards of the Spokane County Zoning 0 rdinance
deprives ttie subject property of rights and privileges of other properties in
the area and under i denti al zones.
4. The granting of the variance is not materially detrimental to the
public welfare or injurious to property or improvements in the vicinity or
zone in whi ch the subject property is located.
DECISION
From the foregoing Flndings of Fact and Conclusions, the Zoning Ac~justor
APPROVES the p roposal. The following CONDITIONS OF APPROVAL are stipulated.
CONDITIONS OF APPROVAL
1. The following conditions shall apply to the applicant, owner and all
successors in interest,
2. That the existing fence along the south property line be repl aced where
needed as part of any issuance of building permits.
3. That the 5 fooc side yard setback be rree of any heating and cooliny
apparatus and the relocation to be shown on the building permit.
4. That 65% of this site must be left in open space f ree from structures.
5. Th at ro retai 1 s al es be al l owe d f rom the p resent faci 1 i ty wi thout a rezone
cl ass i fi cati on to ari app ropri ate zone.
6. That parkirig requi rements as requi red by the Spokane County Zoning
Ordinance be complied with on site, prior to the release of any building
pe rmi ts.
7. That a specific landscaping plan, planting schedule and provisions for
maintenance acceptable to the Spokarie County Zoning Administrato r shall be
submitted with a performance bond prior to release of building permits.
Landscaping shall be installed and maintained such that sight distance at
access points is not obscured or irrpaired.
8. Bui 1 di ng addi ti oris requi re bui l*dirig pe rmi ts purs uant to Secti on 301 of
the Uni form Buil ding Code.
9. A combined surface water and sewage disposal detailed plan shall be
app roved by the Spokane County Enginee r and the Spokane County Health
District prior to the issuance of any building permits for this project.
10. Sewage di spos al method sh al l be as autho ri zed by the Di recto r of Uti 1 i ti es ,
Spokane County.
11. Subject to speci fi c appl i cation approval and issuance of permi ts by the
Health Office r, the use of on-site sewage disposal system may be autho rized.
continued
FINDINGS OF FACT, CONCLUSIONS, DECISION AND CONDITIONS OF APPROVAL
FILE #VE-35-85 PAGE 3
12. Water servi ce shal l be coordinated through the Di rector of Uti 1 i ties ,
Spokane County.
13. Water service shall be by an existing public water supply when approved
by the Regional Enginee r(Spokane), State Department of Social and Health
Servi ces,
14. Use of p rivate wells and wate r systems is p rohibited.
15. Disposal of sewage effluent beneath paved surfaces is curreritly prohibited.
DATED THIS 30th DAY OF Avri 1 , 1985.
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4,S-it- HO 0 " i, 7ING ZONING ADJUS70R
SPOKANE COUNTY, WASHINGTON
NOTE: ANY PARTY AGGRIEyED BY THIS DECISION MUST FILE AN APPEAL WITHIN TEN (10)
DAYS OF THIS DATE.
SPOKANE COUNTY ZONING ADJUSTOR - PUBLIC HEARING
AGENDA: APRIL 26, 1985 .
TIME: 1:15 P.M. •
PLACE: Spokane County Pl anning Dept. , N. 721 Jefferson St. , 2nd floor hearing room
B. VARIANCES (coritinued)
5. VE-35-85 RELAXATjON OF SIDE YARD SETBACK REQUIREMENT
Genera11y located between Mullan and S~out Roads,
approximately 148 feet north of Boone Avenue in
Section 17-25-44.
PROPOSAL: To allow an addition to an existing
building (for storage purposes) to
be located 5 feet f rom the south
property line, whereas Section
4.01A.090 2.b. of the Spokane County
Zoning Ordinance requi res a 20 foot
side yard setback unless the adjoin-
ing lot is occupied by a non-
resi deriti al structure in whi ch case
the requi red setback shall be ten
(10) feet.
SITE SIZE: 21,600 sq. ft.
APPLICAIJT: Northwest Food Brokers
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SPOKAtiE COUNTY PLANfyING DEpARTMENT
C'
` APPLICATIONS BEFORE THE ZOHING ADJUSTOR/BOARD OF ADJUSTMENZ-~-
Ca rti fi cate of Exempti on Appl i cati on
Name of Applicant: /Ynr&1..i os odd ~rt✓~.~
Street Address: 12 2,6 !~J'a //ec,-
City: State: Zip Code: Phone No. :eZ(o
Name of Property Owner(s): N~vll,~~.~s / rolc-~ 91~04-~s.
REQUESTEp ACTION(S) (Circle Appropriate Action):
CVariance(.sConditional Use Permit Non-Conforming Lot/Use
Other:
t
*
= FOR STAFF USE ONLY *
* *
*Cite Ordinance Section: Old Code: New Code: _
*Section Township -QS Range Property Size:
*Existing Zoning: 1 c_ F.L.U.P. Designation: *
* J~ *
*PSSA: Y~ N UTA: Y N ASA:0 N Legal Checked by: f
*
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*Hearing Date: Recefpt
* * * * * * *
,
Existing Use of Property:
Describe Intended Proposal:
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Street Address of Property: t(
Legal Description of Property (Ir1iclude easement if applicable):
-n2 69- l 5 ~ k- i .5
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Parcel Source of Legal : ~S~ r ~J e-`~2
Total amount of acjoining land controlled by this owrier/sponsor:
What irltet"e5t d0 y0U hold in the property:
Pledse list previous Plarining Departmerit actions involving this property:
7'7(`-,
I SWEAR, UNDER 7HE PENALTY OF PERJURY, THAT: (1) I AM THE OWNER OF RECORD OR AUTHO~:i-
ZEO RGEfYT FQR THE PROPOSED SITE; (2) IF NOT TNE OWNER, WRITTEN PERMISSION FROM SAIE
OWNER AUTHORIZING MY ACTIONS ON HIS/HER BEHALF IS ATTACHED; AND (3) ALL OF THE ABO`r_-
RESPONSES AND THOSE ON SUPPORTING DOCUMENTS ARE MADE TRUTHFULLY AND TO THE BESY OF
MY }CNOWl.EDGE.
Si9ned: .~1f,~~
~
Address : nv-12zb ZZU12,
Phone No. : v76 Da~e: 312?~
NOTARY SEAL : NOtdry :
Date :
A. VARIANCES ~
I\1). In view of the above information, what special circumstances (beyond your
control or action) deprive you of the same general rights and privileges of
other property owners within the same zone and vicinity?
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it fect nei g
` 2If the vari anceyere grarite , ho=7~
hborig properties r
i mp e me n ts ? .A~ .e ~f a-G~ Gr~ a
~V 1 /O~ i ~ l L-~ s / ..44X4- /'~W e /(L~ ~ l~~ A-L~L h n rcY QYi /)1/t~ / ,f71'~f ' ,
. CONDITIONAL USES, ZERO LOT LINE, NON-CONFORMING USE, TEMPORARY PERMITS, ETC.
Please give a concise explanation of the proposal including size, hours of
operation, expected traffic and other features, etc.
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C. WAIVER OF VIOLATION
1. How or why was the structu established outside the provisions of the Spokane
County Zoning Ordinancel
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D. SIGN-OFF BY COUNTY DEPARTMENTS
ir. COUNTY HEALTH DISTRICT
A preliminary consultation has been held to discuss the proposal. The appli-
~ • t has b ~ rmed f requirements and standards.
~_AJLILI .
Si gnature) (Date) kSign-off Wai ved)
. COUNTY ENGINEER'S DEPARTMENT
A reliminary nsultation has been held to discuss the proposal. The appli-
c n~ has been jfiformed of requi rements an standards.
, ~ .
( ignatu►J;' / DatA~(Sign-off Waived)
~
3. COUNTY UTILITIES DEPARTMENT
A p rel i mi n ary co s ul tati on has been hel d to di s cuss the p ropos al . The appl i-
cant has b i orme of requi rements and standards.
. 3 ~LG --~.5-
i gna ure (Date) kSi gn-off Wai ved)
()WAT EPURVEYOR (i f appl i cable) Name: `71 L,U~u~v U/~~1, ea •
a) The posal is is not located within the boundary of our service area.
b) We re are no ab e to serve this site with adequate water.
c) Sati s ac ory arrange~n~s :h ve hwa~ qot beer~ made t serv thi,s rop s ~
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(Signature( (Date) < <Sign-off Waived)
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OFFICE OF COUNTY ENGINEER
SPOKANE COIiNTY, WASHINGTON
DatP _ALr i 1 23 , 19_ 85
Inter-ofFica Communication '
Ta_____ Spokane County Zoning Adjus[or
Fror ~ Bob McCann, Land Development Coordina[or
Subjecr_ _ Ag,r:nda_1tLms ScIiv-iulf:d tui_lleariu~; Api-i1_25. 1~~5
1. C(IE 4-85 - GraYos - tiee attached comment5.
2. VE 23-$5 - kees - See attached comments.
3. VF. 38-85 - Spokane County Library District - No comments concerning this applica-
[ion.
4. VE 39-87 - Rogers - That prior to release of a building permit, the applicant
shall:
a. Obtain an approach permit from the County Engineer for driveway construction.
b. Five feet of right-of-way shall be deeded to Spokane County for right-of-way.
c. Applicant shall sign and record Spokane County Notice to the Public #6, which
provides that the applicant agrees to join in and not oppose or protest a
Coijnty Road Improvement District or County Road Project created for the pur-
pose of improving C'ampbell Road.
5. VE 35-85 - Northwest Faod Brokers - No comments concerning this application.
BMc/set
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~ i { • . PLANNING DEPARTMENT
i . .
BaOADwnv CENTRE BUiLDIHG ti 721 JEFFERSOM STqEET
RECEIVED
PHONE 456-2205
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i'.,. ~ V• SPOKANE, WASHING70N 99260 APR 121985
5►OwAwt COUnrr COUAr wo~5[
{ SPOKAr! rni!nIN FrJGINEER
T0: APPLICANT
FROM: SPOKANE CUUNTY ZONING AUJUSTOR STAFF
F ILE:
SUBJECT: NUTIFICATIUN FOR ZONING ADJUSTUR HEARING ITEMS
Attached is the legal notice and vicinity map which must be mailed to
all property owners of record within 30U feet_of the subject
property/easement by `k43` A1 so
attached is an Affidavit at'Mailing which must be returned to this
office along with the following attached:
1) ~BES~~TIFIEUE (wNt~Bn~3UU{feet);tANDmbers) FOR ALL PROPERTIES
2) NAMES AND MAILING AUDRESSES OF PROPERTY OWNERS AND/OR TAXPAYERS
OF ALL PARCELS LISTEU ABUYE TO WFiOM MAILING WAS ACCUMPLISFiED.
You MUST provide the above listing (or a copy) as provided to you by
the County Assessors Office or a title company.
Questions sometimes arise as to what/who is the best source of the
parcel/ownership data for notification purposes. If you choose to
utilize the Assessors Office information, it may be cheaper, and that
Office certainly posses5es all flf the correct data. However,
provi di ng thi s i nformati on to you i s not thei r pri mary responsi hi 1 i ty
and they are not going to be able to assure that the data with which
you leave their office is going to meet our legal requirements. On
the other hand, the same information from a title company will have a
higher assurance of ineeting our legal requirements, but may cost
more. We urge you to investigate both sources, including possibly
contacting more than one title company.
Failure to have this complete information in the file at the time of
hearing may cause your case to be postponed. Legal notification is
possibly the single most important part of yaur hearing procedure and
. verification that it was done properly is essential. If there are
any questions or confusion in this regard, please call us. None of
us want to have this matter delay a decision.
1 /24/b5
UU37z
SPOf:ANE COUNTY ZONING ADJUSTOR
PUaLIC HEARING
AGENDA: APRIL 26, 1985 TELEPHONE NO.: 456-2205
TIME: 1:15 P.M.
PLACE: Spokaiie County Plarinirig Departnient, N. 721 Jefferson Street
aroadway Cetitre aldg„ 2nd floor hearing room
Spokane, WA 99260
APPLICATIONS WILL BE HEARD IN THE FOLLOWIIJG ORDER, EXCEPT THAT ITEMS CARRIED OVER
FROM PREVIOUS HEARINGS WILL BE HEARD FIRST. LEGAL DESCRIPTIONS AND PROJECT
DETAILS FOR THESE PROJECTS ARE AVAILABLE IN THE PLANNING DEPARTMENT FILES.
* A Determinati-on of Non-Sigiiificance (DNS) has been issued FOR EACH PROPOSAL marked
with ari A DN5 is a decisioii, based upon iriforniation available at the time
the DNS was issued, that no Envirorimental Impact Statemerit has been ordered to be
prepared because i•t was ,judged that there was not likely to be a significant adverse
impact to the physical enviroriment. Written comments regarding the DNS: (1) are
due by the close of business hours, April 25, 1985; (2) should refererice the
specific file number; and (3) should be addressed to the Spokane County Planning
Department, North 721 Jefferson Street, Spokarie, WA 99260. Additiorially, comments
oti the DNS and ariy other envi ronmental documents may be made at the publ i c heari ng,
the time and place of which i5 set forth herein. Coiitact the Planning Department
Staff for mo re information (509) 456-2205.
A. CONDITIONAL USE PERMITS
* 1. CUE-4-85 APARTME(~T BUILDING IN THE LOCAL BUSINESS ZONE
Gene ratly located at approximately S. 1610
University Road in the Spokane Valley, across
from University Elementary School in Section
29-25-44.
PROPOSAL: The applicant proposes to locate up
to 42 - 1 and 2 bedroom apartments,
iricluding some covered parking, some
uncovered parking and laundry
facilities (residents) on a 2.1 acre
site. The Local Business Zone
(Section 4.09.140 a.) of the Spokarie
Cou►ity Zoning 0 rdinance allows such
a use with the granting of a
conditiotial use permit.
SITE SIZE: 2.1 acres
APPLICANT: Dean Grafos, c/o Coach-Lite, Inc.
-1-
SPOKANE COUNTY ZONING ADJUSTOR - PUaLIC HEARING
AGENDA: APRIL 26, 1985
TIME: 1:15 P.M.
PLACE: Spokane County P1 anning Dept. , N. 721 Jefferson St. , 2nd floor hearing rroom
E3.~ VARIANCES (coiittnued)
5. VE-35-85 RELAXATION OF SIDE YARD SETaACK REQUIREMENT
' Gene rally located between Mullan and ~~out Roads,
approximately 148 feet north of Boone Avenue in
Section 17-25-44.
PROPOSAL: To allow an addition to an existirig
buildiiig (for stor.age purposes) to
be located 5 feet from the south
property line, whereas Section
4.07A.090 2.b. of the Spokane County
Zoning Ordinance requi res a 20 foot
side yard setback unless the adjoin- ;
ing lot is occupied by a non-
resi denti al structure in whi ch case
the required setback shall be ten
(10) feet.
5I7E SIZE: 21,600 sq. ft.
APPLICANT: Northwest Food Brokers
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Spokane, Washington 99206
Spokane CoLmty
Highway Qepartment
I N. 811 Jefferson
~ Spokane, WA 99201
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