VE-191-80 . • ' _
. ' , INTEROFFICE MAIL
i Bob Brueggeman
QEf-ORE TIiE ZOPJIHG I;DJIISTU2 OF Enqr. Office
SPOt:APIE COUtdTY, ;dASHINGTON
IN TNL f•1ATTER OF:
APPLICA^aT: F'atrick Rankin ) DECISIO(J OF APPROVAL
I;FQIIEST: Relaxat.ion nf Setback Requirement ) CO1•JCLUSIOPd OF LAt•J
COUNTY CODE: 4.04.150 (a) (L) ) FIfJDIfdGS 0F F11CT
FILE NUMQER: VE-191-80
f'ARCEL 1: 1 8541-0901
DATE OF HEARING: November 12, 1980
DATE OF DECISION: Idovember 19, 1980
GF,S1S FOR ,^,CLEPTANCE
This matter beinq the consideration by the Zoninq Adjustor for Spokane
County and pursuant to Chapter 4.25, Section 4.25.010, the Zoninq Ad,justor
has the authoi°ity to hear and decide such matters coininq before him. After
conducting a public hearinq to receive all public testimony and after review-
inq the public record, examininq available inforniation, and visitinq the
property and surroum dinq area, the Zoninq Ad,justor in accordance with Chapter
36.70.810 Revised Code of Washinqton, and 5ection 4.25.030 of the County Zoninq
Ordinance, hereby makes the followinq:
UCCISION
TO COfd0ITI0NALLY APPROVE THE APPLICANT'S REQUEST TO CONSTRUCT A
SINrLE FAf•1ILY RESIDEfdCE 26.5 FEET FR0M THE FRONT PROPERTY LINE
FROiJTING ON QOOPJE AVENUE.
COPdCLUS IOfd OF LAIW
1.
That the Zoninq Ad,justor of Spokane County has jurisdiction over the
issuance of the buildinq permit for the pro,ject to the applicant pursuant to
the provisions of Chapter 36.70.810 RC4J and Section 4.25.030 of the Spokane
County Zoninq Ordinance.
II.
That the applicant submitted an application to the Planninq Oepartment
requestinq a public hearing hefore lhe Zoninq Ad,justor, and that pursuant to
Chapter 36.70.840 and Section 4.25.040 af the Zoninq Ordinance, notice for a
public hearinq was qiven thrauqh the United States mail to all property owners
within a radius of 300 feet froin the subject -)perty.
III.
That all citizens and public agencies havinq ,jurisdiction notified were
afforded the opportuni ty to testi f.y ar subnii t ti•r►-i tten connniEnts on the proposed
project.
1V.
That pursuant to the ahove cited provisions of law, Findings of Fact here-
inbelow substantiates approval of the arplication and issuance of a buildinq
permi t for the project.
V.
Any Findinq of Fact hereinafter stated which is deenied to be a Conclusion
of Law is adopted as the sarne.
From the Conclusions of Law the Zoninq Adjustor hereby enters these:
~
~ PAGE 2
VE-191-80
1PdTRODUCTION
The aoplicant, Patrick Rankin, filed an application for a variance re-
quest concerninq property located at the sout{iwest corner of Qoone Avenue
and Qessie Road in SpokaneUalley in Section 18, Township 25, Ranqe 44. The
site is zoned Aqricultural. Tlie applicant requests a setback variance to
allow the construction of a sinqle family residence to be located 46.5 feet
fi-om the center line of Qoone Avenue. The zoninq requires that structures
be placed 55 feet from the centerline of the road.
This matter was heard befare the Zoning Adjustor on November 17, 1980.
That this action alas taken after findinq that the public health, safety,
and qeneral welfare will not be infrinqed upon. That appropriate safequards
are beinq in;posed as a condition of approval. Furthermore, this action con-
forms to the intent of the zoninq ordinance and general comprehensive plan
adopted for Spokane County.
FIPJDINGS OF F^CT
1.
That all matters before the Zoning Ad,justor ar-e reviewed by aqencies of
jurisdiction with the followinq county aqeHcies submittinq reconiniendations to
tiie Zoninq Adjustor for consideration:
SPOKAPlE COUNTY ENGINEER'S OFFICE: In a memo dated fJovember 17, 1980, the
Enqineer's Office has r°equested that if approved, the applicant shall dedicate
5 feet on both Qoone Avenue and 6essie Road and also a 20 foot radius on the
northeast corner of the applicant's property for i°oad purpose. It is further
recoirnnended that the applicant shall acir°ee to participate in any future RIp
involvinq the property.
In a telephone comnnuniyue from the Enqineer's Office on November 13, 1980 an
aqreement'was reachecl with i.he applicant reqardinq the dedications and the
Enqineer's Office wanted to chancle their reconunendatiun. The aqreement calls
for the dedication of 5 feet of riqht-of-wa,y alonq [3essie Road onl.y.
SPOY.APIE_COUNTY UTILITIES_DEP/1RTMENT: In a meno dated November 7, 1980 the
Departiuent reconynendations are as followS:
Pursuant to the Board of County Conunissioners Resolution No. 80-0418, the use
of on-site sewer disposal systein is hereby autharized. This authorization is
conditioned on compliance with all rules and regulations of the Spokane County
Flealth District and is further conditioned and sub,ject to specific application
approval and issuance of permits by the Health District.
The oUrner, his heirs or successors shall join and participate in any petition
or resolution which pu►•pose is the formation of a utility local improvement
district (ULID) pursuant to RCW Chapter 36.94, as aiuended. The owner, his
heirs or successors shall further aqr•ee not to oppose or protest any leqal
assessments for any utility loc:al improvement district (ULID) established
r7ursuant to RCId Chapter 36.94, as amended.
Any water service for this pro,ject shall be provided in accordance Urith the
Coordinated 4Jater Supply System Plan for Spokane County.
SPOKANE COUNTY HEALTN DISTRICT: In a merno dated November 7, 1980, it was
found that this prolect is over the Spokane Aquifer Sensitive Area and alithin
the Cr°itical 4Jater Supply Ser°vice llrea of hiutchinson Irriqation District. Also
ground water resources appear adcquate to support developinent of this density.
The distr•ict recommended to the 7_oninq Adj,,stor i:hat approval of the applicant's
pro,ject be subject to the issuance of a permit by the Ilealth Officer. That a
private on-site well system to service the sub,jert property will not be author-
ized. That the lot is not of the proper diniensions to permit the use of both
an individual well and sewaqe system.
. ' -
r f'AGE 3
VE-191-80
SPOf:AHE COUPJTY PLANNING UEPlIRTrlEfJT: In the staff presentation at the hearing,
it vias canfirmed that this application is in compliance with the established
pr°ocedures for reviei•ring such anplications. That the applicant's proposal
would be set back 26.5 feet from the front property line. The normal re-
quired setback is 25 feet, however, since Qoone Avenue has 40 feet of riqht
of way width the required setback is deterrnined by ineasuring 55 fzet froiii
the centerline of the street.
II.
That the subject propert,y at one tiine was being used for a single
fami ly residence, hawever, i t was reported that the structure was destroyed
by fire. The site is currently vacant with exception af a garage that is
reported to be in poor structural contlition.
III.
That the subject prope►°ty is zoned agriciiltural which is a land use
classification suitable for farming and aqricu'ltur-al pursuits. The area has
developed into more urban uses consistinq of 5.,gle faniily residences with
some duplexes located in the vicinity. Therefore the proposal t•lould have the
least impact upon neighborinq pr-operties.
IV.
That the criteria for the issuance of a variance as required by State
and County lawS is that the subject property shall have special circumstances
such as size, shape, location, topography, or surroundings that the strict
application of the zoninq ordinance tiqould deprive the subject property of
riqhts and privileqes enjoyed bY other pr•operties in the vicinity and under
identical zone classification. Further it must be found that the gr°anting of
a variance will not be materially detriniental to property oi° improvenients in the
vicinity.
It is found that the subject property is a corner lot 80 feet by 150 feet
, in size, and therefore, is required to observe both the front yard setback and
the flanking street setback which requires a buildinq setuack line,of 15 feet.
The proposal is beinq located 35 feet froiii the property line along'Bessie Road.
If 6essie Road was used as the frontinq street, the applicant's proposed re-
sidence would be in compliance with the setback requiy°ements of the zoning ord-
inance without the need for a variance.
V.
That the opportunity was afforded at the hearing to receive all public
testimony regardinq this proposal. Testimony was received from neiqhborinq pro-
perty owners citing concerns over the hazai,dous conditions at the intersection of
Qessie Road and Qoone Avenue because of vegetative cover on the subject site re-
~ stricting view of on-cominq traFfic on Qessie Road. Other concerns were express-
ed as to the intended use of the property by the applicant.
VI.
That froiii a personal visit to the project sitc, he Zoning Adjustor was
able to confirm that existinq trees and bushes do pose a hazard to traffic and
pedestrian travel. That Section 4.17.040 pr•ovides tfiat "corner lots shall not
be perniitted to have aiiy fencinq or other siclht-obstruction which constitLrtes
a hazard to the travellinq puhlic within the area desiqnated as the "clear vievr
trianqle". This area is deterniined by mea5urinq 80 feet from the center of two
~ inte►°secting sti,eets along tfie center lines of 2acl, st►•eet, then connectinq the
~ two points with a straiqht line forming the hypotenuse of the clear view triangle.
Trees vjithin this area shall have their branches reinoved at the trunk froiii
' qround level to a minimuin of 7 feet above qrouncl level. Shr•ubs shall be main-
tained no hiqher than 3 feet above qrade elevation of the adjacent streets.
/ls a condition of approval the applicant will be required to brinq his
iot into conforniar-ice ot this provision.
VII.
' That the intended tise of the property as testified is for a single fdmily
resiclence. lJithin the agricultural zone, associated accessory structures are
perinitted. Accessory is defined in Section 4.03.020 (1) as "a buildinq, part of
.
r PAGE 4
VE-191-BO
a building or structure or use which is subordinate to, and the use of which is
incidental to that of the main building, str•ucture, or use on the same lot.
The applicant's proposal is in compliance with the zoning ordinance.
From these Findings of Fact, the Zoning Adjustor enters the followiriq
conclusions:
COfJCLU510NS
1.
The Zoninq Ad,justor finds that the reconnnendations of the reportinq county
aqencies as noted in Findinq I art reasonable and necessary to serve the public
interest. Further this action does not constitute a granting of aspecial
privilege inconsistent with the liinitations upon other properties in the
vicinity. The setback of the proposed structure frrnn Goone Avenue is consist-
ent wi th the setbacks of other structures alonq Loode Avenue.
II.
The project site does have soecial circumstances as found in Findinq IV
in that it's a corner lot havinq 80 feet of vlidth, and therefor-e, resultinq in
a hardship involvinq the construction of a new residence.
III.
It is concluded that this action will not be detria>ental t.o property
and improvements in the vicinity. It is found that by alluwinq a structure to
be located 26.5 feet from the front property line, the spirit and intent of the
zoninq ordinance is beinq upheltl. The purpose of requirinq setback distances
' is to insure that public safety, welfare, light, air and aesthetics are not
beinq vioiated. The applicant's proposal tivould not be an intrusion on any neigh-
bori nq properti es oi° publ i c ri qhts of way.
IV.
- It is also concluded fironr review of Lhe site that the existinq structure
referred to in Finding II cauld present a safety problem for vehic)es backinq
onto 6oone Avenue froin the subject property. The location of the applicant's
attached garage and driveway are approximately 25 feet from the existinq struct-
ure which is located 5 feet from Qoone Avenue. 6ecause of the testimony by the
applicant that the existing structure ina.y be renioved, and that because of the
location and poor, structural condition, the Zoning Ad,justor as a condition of
approval will requii-e that the ;t.ructure be removed or relocated on the site.
V.
The Zoninq Adjustor concludes that this proposal involving new construction
with appropriate public safeguards would be an improvement to the neiqhborhood.
CONDiTIOPJS OF APPROUHL
1.
That an on-site sewaqe disposal systeni shall he approved by the County
Health Officer.
I1.
That the proposed pro.iect shall be in substantial conformance to the plot
plan on file with this application, and shall observe all setback requirements
as prescribed by the Spokane County Zoning Ordinance.
111.
That prior to the issuance of a buildiny perniit, the applicant shall
dedicate the east 5 feet of the advertised property along Qessie Road. That an
aqreement shall be executed with the County Encainecr's office to participate in
any future R ID i nvol vi ng appl i cant' s propei°ty.
,
' .
. PAGE 5
` VE-191-80
I'J.
That the applicant, his heirs or assigns shall aqree to not nrotest
leqal assessmentforautility local improvement district to provide Central
sewerage service to this lot.
V.
That the applicant shall trim or remove shrubbery within the clear view
triangle to bring the iot into compliance vrith Section 4.17.040 of the Zoning
OrdinanCe.
V1.
That to improve visabi 1 i ty, the appl icant shal l remove or relocate the
existing structure. The applicant may utilize the existinq structure during
the construction phase of the: resiclence. This condition shall be complied with
within 60 days after occupancy of the 1,esidence.
ORDERED THIS I9 ~ DAY OF ~o-•~~ w , 1980.
~
ZwJIP! , ADJUSTOR Fl-R S Uf:AfJE
CUUiJTY, WASHIN(',TOfI
ATTEST GY:
i'
J .
_
Spokane County Planning [)~p.t..
.
.At said time and place any interested person may appear for, or against, the granting-of
this application.
SPOKANE COUNTY PLANNING DEPARTMENT
ZONING ADJUSTOR HEARING TELEPHONE N0: 456-2274
TIME: Wednesday, November 12, 1980 1:15 p.m.
PLACE: N. 721 Jefferson, Broadway Centre Bldq.
Conference Room, 2nd floor
VARIANCE
.
VE-191-80, RELAXATION OF SETBACK REQUIREMENT
a. Location: Section 18, Township 25, Range 44 EWM
N 80' of Lot 1 in Blk 12 and the E 25.57'
of the N 80' of Lot 2 in Blk 12 of Hutchinsor)
Addition as per plat thereof recorded in
Volume Q of Plats, page 4. Situate in the
County of Spokane, State of Washington.
Parcel 18541-0901
b. Applicant: Patrick Rankin
N. 1104 Bessie
Spokane, WA 99206
c. Proposed Use: 5ingle Family Residence, fronting on
Boone Avenue.
d. Site 5ize: 150' x 80'
e. Existing Zone: Agricultural
f. Variance Requested: Applicant proposes a 46.5' setback whereas
the Spokane County Zoning Ordinance requires
a 55' setback from the centerline of the
roadway.
g. Application of Zoning Ordinance: 4.04.150 (al)
u
~'r LP, -
' ",qn F. ' r~~~ YnRI•{~T~1.\} ~ ~~1...-•' ~ ~ j '.~~1~~/77•,~I'~~~~..~ IM.~.
y~' r_~ J 1 J~ J._ 1~_,.._,, ~ W :xf7T~-r.,`~j~ .~•:J~;i1~ .
.,q 5 _
~ ~ • l ~ - = c ~ ~r~"~~ L.~'" '
StCa5chal G `'~~'~-V*~ ~1-~J~_d.~ _ _ ~ ' ~ ~f ~ .
varpyhia1'•y_. ° L~~
~ .r•:•.'.•.•.i'.,:...• ~
c~..,~'_ _ QE~1at~~t_Eq •~•~E ~ ,.~_r ~
-
STATICNJ' ~~,rt✓ I y.~i i ~ ~,r ° .--r~~~ i
i z i
i' n r
i ~ ~L•( ~ -r" r~G''^~ . _ ~4 a'•~n` r~. V : ~ I .r~vvr V _
a
F a~~
M LC x i E i l I
t N i1~nr~a tC101ftti.~.
J 1
~ - w ~ • ~ ,
~ ~e---•~~- ;1.<l~ e.~~v» ~ ~i i~ _ .+n'
n _ _ _ ~ 1 ~ . C'~~i.V f~ 1 •
A . ~ " f;Oc~.~
~ ° ~1iv u SrA•1:
i~:,,~s~~•~h;•.,. ~y ~ ` '
. . ~ EL . f
5 j ~ = v. ~ L 4 ✓ ~ ~ I l I y~ ` G~ ~ ~
y1I~_ ~,~J . Q, S I N t 5 rw TO
1• .
( - - t ~ .y~,~u6..,.~ G~.:.' 7~.~.,~/ _ ►,..~.w.rr ~
cil
~'r
V1.,~ ~j ~ l•; % • r ~ l- ✓ I; ~ . : _ ~ay W :
` ~ /,L•o• Lj~~~ ' ~ ' n µi - ~ ~ J ` (v [
> a E +8~7~+ .....r: ,.~4-'~. n C, rA ~.,r~• i ~ l~ . „ , I'~ _ . y ~ ~
~ ~ r r---.~ ,z, ~I ~ s•.r~~~4 • _ _ ~ { ~ _
I ~ ie+4 i~fa•nrr ZI ~ ~ (l J
.74
W
C .a
T:.IOJ rAT.:, It cn..~F
y~,y T,~' • . N ~ 9 h_~ • a ~ •s t-- - ~ , r-~-- ~ ~ ~ .
" ~ I L k`' . • • . . +~MPI~LON Z'~ , w
C 2 0 ~ 0 .
~ < 11L~_
1
l. LrS I
_ t~ F - - - -----.a. - - ' - tI
V E 9 1 8 0
'Li ~r , ~ °,rEl 0_j
~ , ~ I ~
~
`
i i_FY •,v:.~ C{ ~ ~ ;~Sc.h. t,~;] r i .
.1'~".~ . . ..r~ . . . . . _ • ~rfl .
4~
Q
a
:
~,~.~.r..~ . e r►~-~,_,. „ '~:-~?='li~~ ..-....~:~,.-..=r~".
~ .;,r •i~ _~o'•. r L .
1',t ._uSe..._.rG'b i7 vs• ~~--..~~+~"a~~ , i ~k~
R R 0. H ^ J JC
~a~.~r 1~ GT- ~ t ~
- ar~[~QO__-r,-~-~ - - -~S~-E-3SVr J:;~1'I ~ • ~ C
- _.ro_.~_~-+;t~
Av E Z . ? ~0~3
ti r~+^r• ~ r,~]} . . • ~ ' • , ~ ~ I
~ • '^T't (~^'T;~' • ~ ' . . ' ' _ _ . ~ ~ _ '37~._ ' % i.. }{f ~ t ;~,i~.~.f : _ ' T 1 . , ~ r.`'`l ~ ~L 1~.~...
? I
L.--/98,7 ~l ~ r...r~ ; - ~ •
~ n,'~-.~ ~ ~z ~ - -~;~~~c.~, ~ ~~„f, y\ . E
~rl11ili~v~~~ -~I - • ~ a
_
a
~
~
`
~
~
t
~ .
.I •
1 J ~s ~ I ; s
, C-4 F_XisT;u 21 .
9 ! . sr ~1
~
, sTRv~u~ta ~ ff
~ i
~
~
~
z~ - - - - ~ , ~
J ~
.k ~
` F ; - - - - ; -1c ZG.s' I-Is -
,
37' .
,
i W
57
! I
.
~
M
I
- - i
RF
l 1 I ~
OFFICB 0f COllNTY @IGINF.ER
Spokane County, Waehington
TO; zontn8 Aaju.cor
PROti: dob druaggman, En=iaeer's oftiae
SUBJEC?: County Enaiaser's Reeoraadatioas
IY7E: Novrwber 7th, 1980
CUS-21-80 I t approved:
VS-111-80 Applicaat shall dedicats the north 15 feeC of tha advertised
property tor road purposes.
♦pp11ca4t ahtlt stre• ta particlpats in 1Ay fUture 8TD or CRP
14volviug opplicontls praParty.
YE-191-80 Ii approved:
1*plicaat shall dedicat• 5fest fo~--t~~r AVOWAS 8easie
loa a e-he s.
applicaat's property for road purposes.
Applicaat •hait agre• to participate ta •cn► tuture Rin
ipvolviAj apDlicaat'o 'rnperty.
VW-210-80 I! •ppn►ved; Applicaat shall •xecute notice to the public that this property
i t gervad b, _
vs-154-5~
'tHRU
fY-169-8i, J~:L~ ...:J:Jli~\l=tW➢ J.=. LLaL.. J.91. dn ri ~ av. r...
Adjutter, dated aeptmbor lSth, 1980.
CUB-14-80 If apPr+evsas
Applicaat shall dedicat• the soutb 10 ieet of tlu advertised
►raperty !or road purposes.
Applicaot shall •sree to psrticipat• in •ny lutere RID or Ct!
iwslvlag applieaat'• property.
CUE 42-80 Ii approvsd:
lpplicant •haIL agrao to participats io any future RID or CRr
iavolving applicaat'• praperty.
GUE-43-80 It arprnved:
Applicaat shall dedicate tha wuth 5 feat oi the sdvertised
property tor road purposes.
Applicaat shall •gree to *articipate is •ay !`uttirt RID •r CR!
inwlvia= applicaat'• property. ,
VN-214-80 It •pproved:
A lic ot •tul. . r"_"~ •Ie au7► !`uture 1tID involviag