WVE-5-80
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At said time and.place any interested person may appear for, or aaainst, the arantina
of this application.
SPOKi",NE COUilT`( PL?,i;NIf7G DEPARTMEilT
ZOiJIiJG ADJUSTOR HEAR?NG TELEPHOilE N0: 456-2274
TI61E: Wednesday, May 7, 1980 1:15 p.m.
PLACE: - N. 721 Jefferson, Broadway Centre Bldg. ,
Conference Room (2nd floor)
WAIVER OF VIOLATIOP!
WVE-5-80, Relaxaticn of Sien ReGuirement
a. Location: Section 18, Township 25, Rarae 44 EtJM
Lot 2 and the S 35 it. OT Lot 1 of Scaramore's
Subdivision of Blk 1 0` Hutchinson's Addition,
Spokane County, Washington.
b. Applicant: 0'Neill's Hamburgers
c/o Jerry L. Breeden
N. 613 Monroe 1
Spokane, tJA 99201
c. Use: Detached Sign
d. Site Size: 79,140 sq. ft. approximaiely ,
!
e. Existing Zone: Local Business i
f. Waiver Requested: Applicant proposes 80 sq. ft. detached sign r"or ~
property whereas the Spokane County Zoning Ordin- !
ance requires sians areater than 40 sq. `t. te be
attached to the buiiding. Also, apolicant proooses.
locatina the siqn 23 ft, inside the required front
yard or aooroximately 12 r`. from the property .
iine whereas the Zonino Ordinanc2 reauires a 35 rt.
se*back rrom the property line in this zone.
g. App7ication of Zoning Ordinance: 4.05.125 ( Z& 5)
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OFFICE OF COUNTY ENGINEER
Spokaae County. Washington
T0: ZONING AWUSTOR
FROM: Jack Finney, Engineer'a Offiee
SUSJECf: County Engineer's Recommendatione
DATE: Hay 2, 1980
WVE-5-80 No comenCS.
CUW-10-80 If approved:
Applicant ehould agree to participate in any futuze RID or CRP
iavolving applicant's property.
CUW-11-80 If approved:
Applicant ahould agree to parcicipate in any future RID or CRP
involving applican['s property.
CUN-12-80 If approved:
Applicanc should agree to participata in aay future RID or CRP
lavol.ving applicant's propartq.
VN-57-80 If aoproved:
Appllcant should agree to participate ia any future RID or CRP
involving applicant's property.
VN-58-80 If approved:
Applicant 'shall execute notice to the publlc that Chis ia served
by a private road.
VN-61-80 If aoproved:
Applicant ehould agree to participate in any future RID or CRP
involving aoplicant°s proQerty.
VN-62-80 If approved:
Applicant shall execute oocice to the public that thia is aerved
by a private road.
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At said time and place any interested person may appear for, or against, the granting
of this application.
SPOKANE COUNTY PLANNIPJG DEPARTh1ENT
ZONING ADJUSTOR HEARING TELEPHONE N0: 456-2274
TIME: Wednesday, May 7, 1980 1:15 p.m.
PLACE: N. 721 Jefferson, Broadway Centre Bldg.
Conference Room (2nd floor)
WAIVER OF VIOLATION
WVE-5-80, Relaxation of Siqn ReQUirement
a. Location: Section 18, Township 25, Range 44 EWM
Lot 2 and the S 35 ft. of Lot 1 of Scaramore's
Subdivision of Blk 1 of Hutchinson's Addition,
Spokane County, Washington.
b. Applicant: 0'Neill's Hamburgers c/o Jerry L. Breeden
N. 613 Monroe
Spokane, WA 99201
c. Jse: Detached Sign
d. Site Size: 19j40 sq. ft. approximately
e. Existing Zone: " Local Business
f. Waiver Requested: Applicant proposes 80 sq. ft. detached sign for
property whereas the Spokane County Zoning Ordin-
ance requires signs greater than 40 sq. ft. to be
attached to the building. Also, applicant proposes
locating the sign 23 ft. inside the required front
yard or approximately 12 ft. from the property
line whereas the Zoning Ordinance requires a 35 ft
setback from the property line in this zone.
g. Application of Zoning Ordinance: 4.09.125 ( 2& 5)
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OFFICB OF COUNTY ENGINSSR
Spotcane County, 47ashington
T0: 7ALiING ADJUSTOR
FROM: Jack Finaey. Engineeros Office
SIIBJECf: County Engineer's Recommendatlone
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DATE: May 2, 1980
FNE-5-80 No coments.
CUW-10-80 If appmved:
, Applicant ehould agree to participate in any future RID or CRP
involving applicant's property.
CUH-11-80 If approved:
Applicant ehould agree to participate in anq future RID or CRP
involving applicant'e proparty.
CUN-12-80 If appmved:
Applicant ehould agree to participate in any future RID or CRP
involving applieant's proparty.
VN•57-80 If approved:
Applicant ehould agree to participate in any futura RID or CBP
involving applicant's prnpertq.
VN-58-80 If approved:
Applicant ehall execute notlce to the public that thie ia served
by a private road.
VN-61-80 If approved:
Applicant ehould agree to participate in any future RID or CRP
involving applicant's property.
VN-62-80 If approved:
Applicant ahall execute actica to tha public that thie ia aerved
by a private road.
. .
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BEFORE TFi'E-Z-ONIfJG ADJUSTOR OF
SPOI<ANE COUNTI', 1NASHINGTON
IN THE MATTER OF THE APPLICATION OF ) FINDINGS OF FACT,
O'NEILL'S HAMBURGERS C/O JERRY L. ) COPlCLUSION OF LAId
BREEDEN FOR A WAIVER OF VIOLATION' ) AND DECISION
FROM SECTION 4.09.125 (2) (5) SPOKANE )
COUNTY ZONING ORDINANCE FOR RELAXA-)
TION OF SIGN REQUIREMENT )
FILE NUMBER: WVE-5-80
DECISION: APPROVED '
DATE OF ORDER: MAl' 27, 1980
This matter being the consideraCion by the Loning Adjustor for Spokane
County of a Waiver of Violation application in conjunction with an existing sign
which i,s 80 sq. ft. in size and located 12 feet from the front property line and
pursuant to Chapter 4.25, Section 4.25.010 granting the Zoning Adjustor the
authority to hear and decide such maYters coming before him, and afCer conducting
a public hearing on May 7, 1980 to receive all public testimony and after reviewing
the public record, examining available informaCion, and visiting the property and
surrounding area, the Zoning Adjustor in accordance with Chapter 36.70.810 (2)
Revised Code of WashingCon, and Section 4.25.030 (b) of the County Zoning
Ordinance, hereby makes the foflowing:
FINDINGS OF FACT
I. That O'Neill's Hamburgers, C/O Jerry L. Breeden, hereinafter referred
to as the "Applicant" filed an application on March, 1980 with the Spokane
County Planning Department for Waiver of Violation in order to obtain a building
permiC for a sign to be constructed on a site consisting of 19,110 sq. ft., located
in Spokane legaily described as follows:
Section 18, Township 25, Range 44 EWM. Lot 2 and the S 35 feet
of Lot 1 of Scaramor's Subdivision oP Block 1 of Hutchinson's .
Addition, Spokane CounCy, Washington
II.
It is found that the violating structure is situated in a manner as to
af(ord more than adequate distances from the streeC and adjoining properties to
insure that pubiic safety, welfare, light, air and 'aesthetics are not being
violated. T he Zoning Adjustor has concluded that there are other detached.signs
of similar size located on adjacent and surrounding properties:
III.
That this action will noC be materially detrimental to the public welfare
or in~uricus to the adjacen[ properties and improvemenYS. The applicant did not
atlend nor was represented at the hearing to answer questions to determine why
ihe sign was erected in violation. However, because the Zoning Acjustor found
that other properties in the vicinity are enjoying the same rights and privileges,
this action is consistent with the limitations upon those properties.
IV.
In issuing this decision, the Zoning Adjustor found that Chere are no
reasonable conditions to be imposed in order to provide saPeguards Co Che public
health, safety, convenience, and general welfare. All existing condiCions and
requirements do adequately proCect adjacent properties and the public.
V.
The Zoning AdjusCOr found that the structure is not violating the spirit
and intent of the Spokane County Zoning Ordinance. It evill serve no purpose to
require compliance.
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That this action and supporled by the above noCed findings will noC be
materially detrimental to the pu6lic welfare or injurious to adjacent properties and
improvements.
VII. ,
Any Conclusion of Law herinafler stated which is deemed a Finding oF
Fact herewith is adopted as the same.
Fram these Findings, the Zoning Adjustor comes to these:
CONCLUSIONS OF LAW
I.
That the Zoning Adjustor of Spokane County has jurisdiction over the
issuance of the building permit for the project Co the applicant pursuant,to the
provisions of Chapter 36.70.810 (2a) and (2b) R CW and Section 4.25.030 (bl) and
(b2) of the Spokane County Zoning Ordinance.
H.
That the applicant subinitted ap applicaCion to the Planning Department
requesting a public hearing before the Zoning Adjustor, and that pursuant to
Chapter 36.70.840 and Section 4.25.040 of the Zoning Ordinance, notice for a
- public hearing was given through the.United States mail to all property owners
within a radius oP 300 feet from the s'ubject property.
- - ill.
That all citizens and public agencies having jurisdiction notified were
afforded the opportunity to testify or submit written comments on the proposed
porject.
IV. -
That pursuant to the above cited provision of law, Findings of Fact herein-
above substantiates approval of the appplication and issuance of a building permit
for the project.
V.
~ Any Finding of Fact hereinabove stated which is deemed to be a con-
clusion of law is adopted as the same. , „
From the Findings of Fact and Conclusions of Law the Zoning Adjustor
hereby enters this:
` DECISION
70 APPROVE WITH CONDITIONS THE APPLICANT'S REQUEST 'FOR A
WAIVER OF VIOLATION TO ALL01N A SIGN WHICH IS 80 SQUARE FEET IN AREA
AND LOCATED 12 FEET FROM 7HE FRONI PROPER7Y LINE 70 REMAIN.
DATED this day of )~/~S , 1980•
J
/ADJU~'TOR ZONI OF
SPOKANE COUNTY, WASHINGTON
ATTEST:
L~lcJ
Spokane County Planning Department
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