VE-12-81
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BeforP t~~~ Zaning Adjustor ~ ~
~County of Spokane
IN THE MATTER OF: HEARING DATE
Applicant: Charlotte M. Ralei h ~ WEDNESDAY, February 11, 1981 1:15 p.rn. g
E, 10911 Empire }
Spokane, WA 99206 ~ N. 721 Jefferson,~aroadway Centre Bldg,
, ~~eari nq Roo~~, 2nd fl oor 7 ~
; File Nu~ber: VE-12-81 )
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Request: Relaxation of Frontaqe Req. ) any i~~terested person may a~pear before ,
the Zoning Adjustor ~ ,
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, Zone Classification: Aqricu1tural ) ~
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~ County Code: 4.04.040 ~
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PROJECT DESCRIPTION
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~ Applicant proposes easement access to the property from Empire ~lay, whereas the 9
" Spokane County Zoning ordi nance requi res 100 ft. of ~con~;i nuous publ i c road frontaqe ~
~ in th~s zone.
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~ ~ ,~DDITIONA,L INFORMaTION , ,a .
~ Please contact: Spokane~County Planning Depart~~~ent Telephone No: 456-2205 , . ~
~ ~ V~CINITY MAP l.E(~AL DESCRIPTION ~ ~
~ ~ - ~ ~ .~R~~.--- Secti on 4 Townshi p 25 Range 44 EWM
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~ E~' Parcel 04543-0301 and 0309 ~ - ,,1~0~ ' ~ . ~ ~K A-i Q r~~ ~ ; . : 5 PO ~ ~ ~ ~1
~ _ . o ~ ~ NE t//' . ; poK~ ~ A Si te Si ze. 1 1/4 acre
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P "SEE ATTACHED LEGAL DESCRIPTIONS"
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I THAT PORTION OF LOTS 14 ~ND 15, BLOCK 3, GRANDUIEW ACRES, ACCORDING
TO °LAT RECORDE~D.IN VOLUME "K" OF PLATS, PAGE 12, IN SPOKANE COUNTY,
WASHINGTON, MORE PARTICULARLY DESCRlBED AS FOLLOWS:
BEGINNING AT THE SOUTHEASTERLY CORNER OF LOT 15; THENCE SOUTHWESTERLY
ALONG THE SOUTHEASTERLY LINE OF SAID LOT, A DISTANCE OF 100 FEET;
THENCE NORTHWESTERLY ON A LINE PARALLEL WITN THE NORTHEASTERLY LINE OF LOT 1S, A DISTANCE OF 158 FEET TO THE TRUE POINT OF BEGINP~ING; THEN.CE
SOUTHWESTERLY ON A LINE PARALLEL WITH THE SOUTNEASTERLY LlNE O.F LOTS
14 AND 15, TO THE SOUTHWESTERLY I.INE OF LOT 14; THENCE NORTHWESTERLY
, ALONG THE SOUTHWESTERLY LINE OF SAID LOT, TO.THE SOUTHEASTERLY RIGHT
OF WAY L I NE ~F THE SPUR TRACK OF ~THE SPOKANE I NTERNAT I ONAL RA I LWAY;
, ~ THENCE NORTHEASTERLY ALONG SA{D SPUR TRACK RIGHT OF WAY TO A POINT
~ ON A LINE DRAWN PARALLEL WITH AND 100 FEET SOUTHWESTERLY OF THE
~ NORTHEASTERLY LINE OF LOT 15; THENCE SOUTHEASTERLY, PARALLEL WITH ° THE NORTHEASTERLY LlNE OF SAID LOT 15, TO THE TRUE POINT OF ~
BEGINNING. ~ ~ , ~
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EXCEPTING THEREFROM THAT PORTION LYING SOUTHWESTERLY OF A LINE , ~
DRAWN PARALLEL WITH AND 4 FEET NORTHEASTERLY OF THE SOUTHWESTERLY ~ .
L I N E 0 F LOT 14 . ~ . ~ . .
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~ THAT PORTION OF LOTS l~+ AND l~, BLOCK 3, GRANDUIEW ACRES, ACCORDING ~ TO PLAT RECORDED IN UOLUME "K" OF PLATS, PAGE 12, IN SPOKANE COUNTY,~
WASHII~GTON, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
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~ BEGINNING AT THE SOUTHEAST CORNER OF LOT 1S; TNENCE SOUTHWESTERLY ,
' ALONG THE SOUTHEASTERLY LINE OF SAID LOT, A DISTANCE OF 100 FEET T
~ POINT OF BEGINNING; THENCE NORTHWESTERLY ON A L1NE PARALLEL ~ THE TRUE
IJITH THE NORTHEASTERLY LINE OF LOT 15, A DISTANCE ~OF 158 FEET; THENCE
' SOUTHWESTERLY ON A LINE PARALLEL WITH THE SOUTHEASTERLY LINE OF LOTS ~ ~ r 14 AND 15 TO THE SOUTHWESTERLY LINE OF LOT 1 4; T H E N C E S O U T H E A S T E R L Y ~ .
' ALONG SAID SOUTHWESTERLY LINE, TO ThE S4UTHWEST`RLY CORNER OF LOT , a ,
THENCE NORTHEASTERLY ALONG THE SOUTHEASTERLY I.INE OF LOTS 1 AND ~
~ TO THE TRUE POINT OF BEGINNING. ~
~ ~ ERLY OF A LINE
: EXCEPTING THEREFROM THAT PORTION LYING SOUTHWEST
~ DRAWN PARALLEL WITH AND FEET NORTHEASTERLY OF THE SOUTHWESTERLY LlNE OF LOT l4.
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C4UNTY ENGINEERS OFFICE ~
SP4KANE, WASNINGTON
T0; Zoniag Ad~u~tez
FROM: County Engineers Office
SU8J8CT: Requiremenre
DATE; February 4tb~ 1981
CUN-4•81 No coaditiopo ~tt tbie ti~e. ~
VE-1~-81 ~ Applic~at ~bould be a~ad~ ~w~r~ thaC rhi~ property le ia • lOQry~ar
V~ •11-81 ) f lood :ocu.
VB •12 -81 L~gal d~icriptioa iadic~t~e prop~rrt~ •dv~rtie~d h~~ ~cc~~• to
~ar►pir~ Av~ave.
VE +9 -81 , No coaditioae •t this ri~e.
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BEFOf~E THE ZOPd if`J a ADJUSTOP, OF
SPOKAP~E COUNTY, ~JASHIN~TON
IN THE h~ATTER OF:
APPL ICAiVT: CHARLOTTE RALE If;H ~ DEC IS ION
REQUEST: RELAXATION OF FROfJTA~E REQ. ) FIiVDIN~S OF FACT
COUNTY CODE: ~~.~04.040 ) CONCLUSION OF LAIJ
FILE NU"~BER: UE-12-81
- PARCEL 045~3-0307 and 0309
~ DATE OF HEAR IN~ : Februar,y 11, 1981
x DATE OF DECISION: February 13, 1981
DATE OF WRITTEN DECISION: Feb. l~, 1981 ~
DECISION ~ ~
The application is approved.
INT~ODUCTION .
Thi s matter ~ei na the consi derati on by the Zoni nq Ad,j ustor for Spokane
County and pursuant to Char~ter 4.25, Section 4.25.010, the Zonin~ Adjustor has the authorit~y to hear and decide such matters coming before him. Afte r
conducti n,q a publ i c heari nq to recei ve al 1 publ i c testi mon,y and after revi ew-
inq the ~ublic record, examininq available information, and visitinq the ~ro-
perty and surroundi nq area, the Zoni nq Adj ustor i n accordance wi th Chaqter
36.70.810 Revised Code of tiJashin~ton, and Section 4.25.030 of the count.y
zoninq ordinance hereb,y makes the followinq Findinas of Fact and Conclusions
of 1 aw herei nbel o~r stated,
The applicant, Charlotte Raleiqh, filed an application on Januar,y 15,
1981 requesti nq a vari ance approval for rel axati on of the requi red aubl ~ c road
frontaqe in order to construct a sinale famil,y residence on a parcel of land
1 1/4 acre i n s i ze. The property i s 1 ocated on .Er~pi re Avenue Eas t of Spokane
i n Secti on 1~~, Townshi a 25, Ranc~e 44. ~
6~ This matter was heard before the Zoning Adjustor on Februar~y 11, 19~1.
Afte r receivinQ public testiman,y and acceptinq the file from the Clerk
to the Zonina, Ad,justor r~l aced thi s matter under advi sement for revi ew and
decision.
That on February 13, 19~1, the Zoni na Ad,i ustor havi nq comnl eted revi ew of the file concluded there are sufficient ~rounds to supqort a decision of
ap!~roval .
FiNDIN~S OF FACT
I.
The site is zoned aqricultural which permits one sinc~le family residence ~ on a r~arcel af land 12,500 square feet in size an d havinq at least 100 feet
of ~ublic ro~d frontaae. The anplicant's pa rcel contains an exis~tinq sinc~le
fa~~i ly res i dence and i n order to create another bui 1 di nq si te, a vari ance
approval was required.
II.
T*he aoplicant had testified that the existina residence was deteri orati ncl
and in need of repair. The second residence would become the apn1icant's .
residenCe while repairing the existinq structure.
III, '
The access wi 11 be by a non-excl us i ve easement 1 ocated at the westerl,y
norti on of the s ubject prooerty. The easement has not been descri bed nor re- corded at the time of filinq this ap►alication.
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Y PA~E 2
UE~-12-81
IV . ~
All matters before the Zoning Adjustor are reviewed b.y ac~enc~ies of
juris~diction with the followinq aqencies submittinq recommendations to the
Zoninc~ Adjustor for consideration:
SPOKAN E COUNTY EN~ INEE~S OFFICE: No response was recei ved.
Sr~KANE COUNTY UTILITIES DEPARTMENT:~ No response was received.
SPOKI~NE COUNTY HEALTH D~STRICT: In a memo dated Februar,y 4, 1981, it was
noted that the pro~lect si te i s i ocated over the Sookane Aqui fer and wi thi n
the water servi ce area of Irvi n~later Di stri ct. It was recommened that ~~ater
service be coordinated throuqh the Director of Utilities and that on-site se~~a~e di sposa1 syste~~ shal 1 be approved by the Heal th Offi ce. Further, i t
was recommended that the applicant shall aqree no~ to protest 1e~al assessments~
to provide central sewera~e service to this lot.
SPOKANE COUP~TY PLANiV IN ; DEPART~~ENT; The fi 1 e contai ns memorandums that the ~
pro~osal does not fal 1 wi thi n the ,j uri sdi cti on of the Shorel i ne P~anac~ement Act
and that the di vi si on of 1 and may be created ~li th the executi on of an Indemni t Y Agreement, . .
The Clerk o~.f the Zoninc~ Adjustor presented the file at the hearin~ notinq that
it was found com~lete and ready for hearinq by the Planninq Department.
V.
From on-site review, the Zoninq Ad,justor finds that the pro~osed~easement . access is adequate to nrovide lec~al and ~hysical access to the sub,ject aro-
perty. That s i ght vi s i~bi 1 i ty~ to Empi re Aven ue i s good for safe veh i cul ar .
access.
UI.
The o~portunity was afforded at the hearinq to any interested aersons to testi f~y rec~ardi nq the aapl i cant's ~roposal , No one appeared nor any wri tten
comments were received in opposition.
UII.
Any Conclusions of Law st~.ted~hereinbelow which is deemed a Finding of
Fact is hereby adonted as the~same,
From these Findings of Fact, the Zoning Adjustor concludes these:
CONCLUSIONS OF LAW
I .
That the Zoning Ad,j ustor of Spokane County has j uri sdi cti on over thP
i ssuance o~f the bui 1 di rin permi t for th.e nro,ject to the appl i cant ~ursuant to
the provisions of Char~ter 36.70,810 RCW and Section 4.25.030 of the Sr~okane ,
Count,v Zoninq Ordinance.
II.
Ihat the apnlicant submitted an application to the Planninq Department requestinq a aublic hearinq before the Zoninq Ad,justor, and that nursuant to Chaater 36.70.8401)and Section 4.25.440 of the zoninn o rdinance, notice for a
aublic hearinq was qiven throuqh the Uni'ted States mail to all property owners
wi thin a radi us of 300 feet froni the subject property.
. III.
That all citizens notified and aqencies having jurisdiction were afforded the opportunit,y to testify ar submit written comments on the proposed pro,ject.
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PA~E 3
~ UE-12-81
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That i.n revi,ew of the assessor~ s maos for thi s c~eneral vi~ci ni ty, i t i s
found that there are other di, vi si ons both smal 1 er and 1 araer i n s i ze whi ch do
not haVe the required fronta~e on a~ublic maintained road as s~ecified by the zoni,nq ordi~nance. Therefore, thi s acti on does not consti tute the aranti na. _
of a speci,al privile~e inconsistent ►~ith the limitation alaced unon other nro-
p~~~ti.es i.n t.he vi,ci ni ty and under the same zone cl assi fi~cati on as ci ted i n
~ Chapter 36. 70. 81 ~ RCW, ~ and i.f deni ed, the appl i cant woul d he deari ved of a
minimum and basic ri,qht to construct a sinqle fami1y residence on a parcel of .
land whi.ch.. ha,s been found to be sufficien~ in size ta support such a~ use.
U.
The Zonina Ad,j~astor finds that the ~roposed us,e on a parcel consistin~
of 1 1/4 acr~s and havinq physical access is a reasonable request for relaxa-
ti,on of the zoni.ng ordinance. Deni,al ~~ould be an unreasonable im~osition upon
the apolicant.
UI~
That thi.s action was taken after findinq that the public health, safety
and c~eneral welfare wi,ll not be infrinqed upon. That furthermore, this ac~tion
conforms to the intent of the zonin~ ordinance and gene ral comprehensive plan
ado~ated .for Spo~ane County, That reasonable assurance have been nrovided to
c~uarantee that adequate access wi.l 1 be provi ded.
VII,
The Zonin~ Ad,justor finds that the a~plicant's project would be compatible
to the surroundinq neighborhood and would be improvinq the subject pronerty
with new construction.
COfdCJITIONS OF APP~OUAL
I,
That .the pro~osed aroject s~~al1 be in substantial conformance to the plot
pl an on fi.l e wi.th thi s appl i cati ~n, and shal l observe al l setback requi rements
as provide d by th.e Spokane County Zoning Ordinance~
IIR
That an on-si~te sewa~e disposal system shall be approved by the County
Health Off~cer. ~
III.
That the sub,ject ~raperty shall nat be further subdivided unless said di vision is in compl iance~ wi th Chapter 58.17 RCG~! and a~nl i cable count~r ordin-
ance ~overninQ such divisions. An~y-such divisions shall be in compliance
~ . with the ad~opted com~rehensive plan.
IV.
T~,n ~r,nl ; r~h+ ~~,~11 n~,~~ir, +h~ v~nn~~i ►no~l ~it~ l r~i:~n nov~mi ~c hofnv~o rnmmon~inrr
I IIG Ap!J I Il,Qll l. JIIQ I I VU l.Gl I I I I.IIG I CIiU I I Gu L+'u I i u i Iiy ~1cI I I I I V.a u%. I V I c %.Viii~.i~. iy
construction.
' V,
That prior to the issuance of a building permit, the applicant shall
complete the followinq;
1) That an Indemni t,y Agreement be executed wi th Spokane Countv creatinq a 1 eqal di vi si.on of 1 and for bui ldi nq qurposes.
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~ha~ a r~a~-exc~ u~~ ve ~a~er~~n~ be ~ ea~~ ~y d~~~r~ be~ and r~~orded
~v~ th the County's Au~1 ~~r' ~~ff~ ce~ ~~i d~a~ement des~ri ~ti~~n
~hal ~ at T ~a~t ~ee~ i n r~ ~ of way ~i ~th an ~ ~ ~ ~ca~ed ~n the wester~ y~~rti a~ af ~ ub~ect ~ropert,y.
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E~w~~~~~ T~ ~s Q~~ ~F ~.I.f..~ ,,,r: ~ ~C}~ ~"J~~u~1~4~ To r~~ ~ , !
~ AUTH~R~TY ~RANTED UNDER COUt~TY CaD~,~~~~T~~~ 4,~~. 1 r.
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THO~AS L . DAIf I ~ ~
~ 2~JN I~G AD~~1~T~R FQR ~POKA~~
C~U NTY , WA~H I~lGTDP~ ,
ATT~ BY. ~ ,r
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CLERK T~ T~E ~0~'7~1~ AQJlJS{ ~R ~
A