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SP-1-81 1 ~ ~ BEFORE THE ZON I~~~ ADJUSTOR OF SPOKANE COUNTY , !~1ASH IN~TON ~ IN THE P~ATTER OF : ~ APPLICANT: DONALD SPOONER ) DECISION REQUEST: EXPANSION OF NON-CONFORMIN~ USE ) FINDIN~S OF FACT CDUNTY CODE: 4.25.030 (q) ) CONCLUSIONS 0~ LAI~ FILE NUP~1BER: SP-1-81 PARCEL 0~543-0463 DATE OF HEARI~J~: h1arch 11, 19~1 DATE 0~ DECISION: March 25, 1981 , . . DECISION The apnlication is denied. INTRODUCTION , This matter beino the consideration by the Zoninq Ad,justor fo r Sookane County and ;~ursuant to Char~ter 4.25, Section 4.25.010, the Zoninq Adjustor has the authori t~y to hear and deci de such matters cominq before him. After con- ductinq a public hearina to receive all ~ublic testimon~y and after reviewin~ the public record, examininc~ available infori~ation, and visitinc~ th~ ~ropertv and surroundi nq area , the Zoni nq Adj ustor i n accordance wi th C~~r ~er 36. 70. 810 . Revised Code of Washinqton and Section 4.25.03Q of the coun~y zeri~~ ardinance hereb,y makes the fol 1 owinq Fi ndi nc~s of Fact and Concl usi ons o~= ! a4ti~ ;~~re ~ nbel o~~ stated. ~ . ~ The applicant, Donald S►~ooner, filed an application on FeSruar.y 3, 1981 ~ requestinq an expansion of a non-conformin~ use. The an~licant's business is a retail caraet store located in the Aqricultural-Suburban zone on Mission Ave- nue and east of Ar~onne Road in Section 8, Township 25, Range 44. . The matter was heard before the Zoninq Adj;~stor on March 11, 1981. After concl usi on of publ i c testimony, the ~»atter ~~vas taken under advi sement for delibe ration an d decision. ~ . ~ T~e deci s i on was set for ~~arch 25, 1981 at 1:15 p. m. FINDIN~S OF FACT ~ . I. ~ ~l 1 matters c~omi nq before the Zon i nq Adj ustor are revi e~ved by aqenci es of ~i uri sdi cti on wi th the fol 1 owi ng ac~enci es s ubmi tti ng commen ts to the Zon i nQ Ad,j ust- or for consi derati on. SPOKANE COUNTY HEALTH DISTRICT: In a memo dated March 6, 1981, the Health Dist- ri ct found that the sub ject propert.y i s 1 ocated wi th i n the Pri mary Sani tary Sewer Are~ and that r~ethod of di sposal shal 1 be approved by the Count4y Uti 1 i ti es Depart- ment. It was recommended that ~~ater service be coordinated throuqh the Utilities Deaartment and that on-site sewer faeilities shall be approved by the Health Officer.  SPOKANE COUNTY UTILITIES QEPARTMENT: The Departi»ent reported by memo on March 10, 1981 that on-site sewer facilities will be authorized. SPOKANE COUNTY ENGIfJEER'S OFFICE: The Enqineer's Office had no recommendations reqardinq this annlication. DEPARTMENT OF BUILDING aND SAFETY: That the Droposed addi tion wi 11 requi re a bui 1 di ng ner►ni t as per Secti on 301 U. B. C. SPOKANE COUNTY PLAPJNING DEPARTMENT; The fi le contains a memo dated Februar,y 27, 1981 from the Planning Depdrtment that the applicant's proposal is categorically exempt fram the State Environmental Policy Act and the $60 fee should be refunded by the Planning Department. 7 d ~ P T i . PA~E 2 SP-1-Sl The Clerk to the Zoninc~ Adjusto r presented at the hearing the applicant's file noting that the Planninq Denartment has reviewed the file and found it comnlete and ready for hearinq. II. 0 The api,al i cant i s requesti na a warehouse~ addi ti on of 2464 square feet i n size to an existinQ commercial bui1dina. The ap~licant testified that the ~~are- house is needed to sto're c~r~ets. The heiqht is reported to be 10 feet at the eaves. III. From revi e~v of the n1 ot nl an ~ubr~i tted wi th thi s an~l i cati on marked as Exhibit "A" by the Zoninc~ Ad~iustor, the fol lowing information is noted: ~ a) The exi~stina buildinq is a two stor~y buildinq containinq 1200 square feet per story.~ ~ b) The buildinq is located 5 feet from the west property line, The build- inc~ is aiso non-conforminq in resnect to setback from nro~erty line. ~ Secti on 4. 05.100 of the zoni n~ ord ~ nance requi res 5 feet setback for ~ each story of said buildinq. c) The nlan shows two parkinq snaces in front of the buildinq, and four spaces alonq the east side of said buildinc~. Additional 14 car oarkinq i s provi ded to the rear of the 1 ot. The nl an does not contai n a descri ~t- ion of how the spaces are to be marked nor tyne of surfacin~. d~ It appears that a new on-site sewaae clisposal system is planned to be located on the eastern portion of the prooerty. ~ e) The plan does not show an internal circulation or access to ~Mission.' Further, truck unloading facilities are r~ot delineated. It e~ould apnear that trucks would have to back onto the nroperty fro~~ Mission Avenue and over the proposed drainfiel~d in order to unload at the ~~arehouse. f~ The proaosed addition is planned to be located as an ~attachment to the exi stinq bui 1 dinq and located 5 feet from the west nroperty 1 ine. The setback from the rear property 1 ine i s scaled at 28 fe~t. The addi tion does show a new ba th. IU. The apolicant testified that he had started his carpet business in 1976 after receivinq a sp~cial ;~ermit. The Zoninq Adj~stor directed the Clerk to check the Planninq Dep;~rtment files for verification of the permit. The Clerk presented . to the Zonina Ad,justor a copy of special conditional use permit number SPE-2-76 and issued to the ar~plicant on April 19, 1916. The permit requested a chanqe in a non-conforming use to allow a caraet shop. In the qrantinq of the perm~t, the Zoninq Ad,justor in his written decision placed the followinq conditions to insure the protection of other surroundinq properties. (1) The front yard area directly in front of the buildinq shall be landscaqed, olanted, maintained, and be free of access driveways and parkinq areas. NOTE: An aa~ropriate landscaae and remodelinc~ plan shall be submitted and approved by the Spokane County Di rector of Pl anni nc~.  (2) The requi red parking stal 1 s and access dri veway shal 1 be located to the east of the buildinq and ~hall be naved with a hard surface. NOTE: Arranqeipent of parkina stalls and driveways shall meet, the aaproval of the Spokane County Traffic Engineer. (3) Loadinq doors and loadinq areas are to be limited to the north or east sides of the buildinq. (4) The.~ rear 132 feet of the described property shall be free of parkinq and storape. (5) Installation of a 4 foot to 6-foot residential type fence acceatable to the Di rector of Pl anni ng sha i 1 be 1 ocated al onq the east, north, and west peri meter of the propert,y. , , , ~ ' r T` 1 r ' i',{ ~ ~ ' ~ ~ ; ~ ~ ~ ~fi~ ~i r~n~~g ~or Ghe ~roj~c~ sha~ ~ co~~arm t~ t~e ~esi ~e~~i al ~ff~ ce 5~andar~s~ I~ ~ s~ate~ that the ~ pr~~o~ed addi t~ ~n wo~~ d e~croac~ ~nta the ~e~erve~ .o~en are~ requir~d ~y C~r~di~~~n ~~o. ~ of the perm7~. , ~ U~ ~~~e ap~l ~ can`~ te~~7 f~ed ~h~t he ha~ na~ ca~~~~ 1 e~ th~i ~he con~~ t~ an~ o~ t~e ~r~der ~rant~~nc~ a ch~nqe ~ n nor~~~an fQr~~ n~ ~tatu~, ~1I. ~ ~ror~ on~~ite r~v7 eti~~ the s~b~ect property, th~ ~an~nq Ad,~u~~or ver~ f~e~ ~h~~ ~a c~~r~~t~a~~ af Order No. ~PE~~~7~ ~~~e be~n ~ompl~~edF ~hat cu~to~er p~rk~nq 1~ oc~ur~nq ~n ~r~e fr~nt of ~he b~7~d~nq,~~n ~ddit~~n, c~rs ar~ ba~kina ~ anto !~~~sion Avenue. Par~~ng ~tal~~ are not ~~arked an~ ~~e area ~~rrou~d~n~a ~he ~u~ 1 d~ nc~ and ~~ed -For ~~rki ng i s~~~ ~~ved. Pdo 1~~d~c~~~ nc~ ~a~ been cor~~pl eted, - ~or h~~ the requi re~ fencir~g. ~~s~~e~~ s~ ~n~~~nq i ~ ~r~o~ ~n ~ ~~nfor~anc~ ~i ~~e per~it cor~d~t~ans. . . . ' 1~ I I ~ ~ ~J~on ~xam~nat~o~ o~ ~~e ne~ahbr~rh~o~, ~he ~on~n~ ,~~~~~t~r ~~~.d~ ~~17a~r~~~ o~~~rvat~~n~: . ~ a} Th~ a r~a ~~i ~hi ~~~0 fe~~ ~f ~he ap~~ ~ cant' ~~r~ro~e~ty con t~i n s al ~ ~~nc~~~e faml~y ~e~~dence~~ The residences a~Lja~en~ t~ ~~e sub~~ct prop~rt,y on t~~ ~~~s~ and ~nc~ud- ~n~ the ot~e~^ res~ dences al on~ ~arr ~aad ~re found to be ~~d~rr~, above avera~e ~~me~ v~hi ~h are ~el ~ k~pt. c} ~~~er r~s~d~nce~ on Wo~~ru~'f R~~d ar~d M~~~ian A~~~~ue are fou~d ~a be o~ d~r but we~ ~~~air~~a~~ed wi ~h a mi xture of r~e~~er re~~ den~e~. d~ T~~.re W1er~ t~o res7 dence~ in ~rea ~~~th for ~a~e ~i qn~ ~~oth of vh~se re~ 7~enc~~ ar~ above aver~a~e candi t~ on . Fror~ t~e~~ observ~~~~n~ tf~~ ~or~ing Ad,ju~tor ha~ ~an~~~ded that t~e ne~a~bor~ hoo~ ~ai ~e~ ~h~ apr~~~ran~e~ of a~ta~~ e res~ d~n~~ a~ ~e~ ghbor~ood ~hz ch h~,~ ~bov~ ~~~ra~e housing ar~d 7~ ~~~ng we~ ~ m~~n~ain~d by t~~ re~idents. ~t w~~~d anp~ar tha~ ~a~t ~f these hom~~ are own~r ac~upied, , 1~I~I. , T~e ~~b,~ect ~roperty ~~~oned A~r~ cu~ tur~al -~u~ur~a~ ~~h~ ch a c~ a~~~ ~i cat~ on ~~i ~ab~e for r~es~ denti a~ u~e~ ~~h~ ch 1~ or v~~ ~~~e~o~~ ~~i ~ql e f~r~i l,y and twa fam~ ~,y unz t~~ vin~ ar~e~, Uses ~re 1~m~ ~ed to res~ ~en~~ a1 us~~ . An i mal ~ and ve- stoc~ for th~ ~er~ona~ u~~ af occu~ant~ af dwe1 nc~s ar~ nerm~ ~ted i r~ a~cardar~~e l~~ th ~tand~rd~ r~l ati ve ~o ~ and ar~a rer~~~ red to ~ratect pu~~ ~~~eal ~h ~nd we~ far~. ~ 5e~ti an 4. F 420 } . The ~ ubL~ ~c~ ~ropert~y ~a~ ~ee~ u~de r ~he A~r~ cu7 ~ural - Su~ur~an za~e ~ i n~e ~~5~ ~~e~ Re~~~ ut~ on NQ. 3~~ } and pr~ ar to t~at ~ t had ~ee~ und~r ~h~ lJr~~l~ssifie~ zon~ wh1~h d~d p~rmit nor~~res~d~nt~~l u~e~~ I~~ The a~~artur~~tv ~~a~ aff~rded a~ the ~e~rina to anv intere~ted qer~on ta te~t~  ify regard-i nq the apD11cant` s proDasal. The Zaninq Adjustor received testi mony in apposition from Mel anie Jeffery and 8ruce Lockhead, who are ad,jacent nraDerty owners. Concerns ci ted are: . 1} Incompatibi 1 i ty with res i den tial uses; . 2} Doubl ing the size of a non-conforiiiing use; 3) Establi shing a precedent; and, - 4} property deval uatinn. In his decisian the 2oning Adjustar found that these cancerns are merited 11 in that a commercial use i fallowed to expand wouldnot be compatible wi th the res i dential I i f estyle res ul ti ng -in a poss i bl e .deqradation of property vaZ ues, . ~ . ~ ~ ~ . ~ PA~E 4 SP-1-81 ~ X. Any Findinq of Fact stated hereinabove which is deemed a Conclusion of Law stated herei nafter i s hereb,y adoated as the same. ~ ~ From these Findinc~ of Fact the Zonin~ Ad,justor enters these: ~ CONCLUSIOPJS OF LAW I. ~ That the Zoninq Ad,iustor of Spokane County has jurisdiction over the issuance of the buildinq permit for the project to the ap~licant pursuant to the provisions of Chapter 36,70.810 ~RCUJ and Section 4.25.030 of the Spokane ~ ~ County Zoninc~ Ordinance. - ~ II, That the anplicant submitted an ap~lication to the Planninq Department requestinc~ a pu~lic hearinq before the Zoning Adjustor, and that pursuant to , Chapter 36. 70. 840 and Secti on 4. 25. 040 of the zoni nc~ ordi nance, noti ce for a public hearina was qiven throuqh the United States mail to a11 prouerty owners , within a radius of 300 feet from the subject property. III. ~ That all citizens notified and a~encies havinq jurisdiction ~vere afforded the opportuni t,y to testi fy or submi t wri tten comments on the oroposed pro,ject. IV. ~ In reachinq his decision of denial, the Zon~ing Ad,~ustor concluded that the pror~osal di d not adequatel y descri be i nterna 1 ci rcul ati on as~ noted i n Fi ndi ng Number III. 11. That the apr~licant was qranted a special conditional use aermit on April 19, 1976 requirin~ conditions in o rde r to ensure protection fo r ad,jacent nrooerties. Those conditions have not been met by the applicant. The Zoninc~ Ad,justor finds that those conditions we~e reasonable and necessary for the benefit of public health, safety, and qeneral welfare., That an action of approval would be con- strued to be an act of not upholding the spirit and in tent of the zoning o rdinance. VI. ~ It is qenerally recoc~nized that a qeneral and desirable policy is to ahase out non-conforming uses without violatinq constitutional rights. In this instance, the apalicant ourchased the property in 1976 knowingly t~~at his business would be termed a non-conforminc~ use. That furthermore, future busin~ss Qrowch and ex- pansion should have been anticipated at the time the oriqinal nermit ~as requested. This situation is not where the pronert,y was rezoned, leavin~ a~articular use non-conforminq whe~~e controlled expansion may be neeessary in maintainq the use ~ vitality, but rather, a buildinq which was used for commercial uses in the past was acquired to establish a new business where the new owner knew the limitations regardinq non-conforminq uses.  VII. . The Zoni ng Ad,j ustor'-concl udes that thi s acti on i s not vi ol ati nq the apQl i cant's constitutional ri.qhts or would cause an economic hardship. The intended expansion i s a warehouse for storaqe of carpets. A revi ew of fi 1 eSPE-2-76 i ndi cated that the nature of the applicant's carpet business is a shop primaril4y for the display of carpet samples (ref. to correspondence dated March 11, 1976 for file SPE-2-76). Therefore, the ori qinal i ntent of the appl i cant's busi ness i s not bei ng har-Med with,this action. Facilities for storaqe are available off site either in ware- houses or by other facilities available in an appropriate zone classification. The applicant was not able to Justify to the Zoning Adjustor that the expansion was vital-and necessary for maintaininq his business. That the present business of displaying caroet saiflples for customer selection may,:continue under the special permit, SPE-2-76 and that storaqe off site may be available. Such storaae in the ocinion of the Zoninq Ad.justor does not require a location for customer access. r d f k ~ ~ H ~ ~ PA~E 5 SP-1-81 UIII. It is concluded that eventhouQh it is desirable to ~hase out non-conforminq uses, i t i s noted i n thi s case a chan~e i n use was granted wi th certai n condi ti ons i m~osed to afford a dearee of protecti on to nei qhbori ng aro►aerti es . However, to, ~grant an expansion when the applicant has failed to comnly urith the condit~ons cannot be justified under the terms of the zoninq ordinance, Section 4.25.030~q~. IX. The apalicant filed his anolication under Section 4.25.030 of the zoning ordinance for expansion of a non-confor~~~ing use. That provision states... "Application for a fence or expansion of a non-conforminq use from the ~erms of the Zonin~ Ordinance, provided, that such special permit shall be subject to such conditions as will insure that the public health., safety, convenience and qer~eral wel fare a re protected. ( Emphas i s Added The Zoninq Adjustor concluded that there are no reasonable conditions which woul d mi ti qate any adverse effects on publ i c heal th, s~afety, conveni ence ,and qeneral wel fa re i f an expans i on ~~as aermi tted. That i t i s the duty and res~onsi - . bi 1 i ty of the Zoninq Adjustor to afford adequate protection to the nubl i c~~el fare and to adjacent properties. ' X. The burden of ~roof that the appl i cant's ~roposal ~li 11 not be adverse to public welfare rests with the applicant. The applicant in the oninion of the Zor~i nq Ad j ustor fai 1 ed to show cause that hi s pronosal woul d not be adve rse to the public health, safety, convenience, and general welfare. ORDER From Findinqs of Fact stated hereinabove regardinq s~ecial ~er~»it aaplication number. SPE-2-76, the matter is beinq referred to the Debart~»ent of Buildinq and Safety, Zoninq Investiqator, for review of the conditions imposed on the applicant and to cause comal iance. ORQERED THIS ,'~r~ DAY OF ~ , 1981 PURSUANT TO THE AUTHORITY ~RANTED ~ ~ ~ ~ ~ UNDER COUNTY~CODE, SECTION ~:25.030. . ~ : , / ' lr~'~~t~t l ~-t'~(~~ THOMAS L`~. DAVIS ` ~ ~ ~ ZONINC ADJUSTOR FOR SPOKANE COUNTY, I~ASHIfV~TON ATTEST BY: ~ , 1. ~ ~ ~ ~~C.~ ~ ~ ~ , c . l . / CLERK TO THE ZONIN~ ADJUS~~OR p~JRSUANT TO SECTIQN 4.2~.090 OF THE SPOKANE COUNTY ZONIN~ ORDINA~~CE, THIS ORDER CONSTITUTES THE FINA~ DECISION OF THE ZONINr. ADJUST4R, APPEALABLE TO THE BOARD nr nn i~ir~Tw~r~ir nr ~nniin~ir nnii~iT~~ IITTIIT~1 Tr~i 1~n1 nn~ir nr -ri~r nn~rr nr Tiir iinTTTP'RI  ur HuJu,')iivitiyi ur Z)ruRHiAt UwIII r INlINIIl I tIN k iu) uxr,) ur If1t UHIt,Ui' I ht W.KiI itil DECISION BY THE ZONING ADJUSTOR AND SHALL BECOME EFFECTIUE AT THE END OF THE APPEAL PERIOD. . ~ ~ t~y ~ ' ~ ~s~ , , U l~L U~ ~ I~ fl~llE~ 1Nr , , ; _ . ~ Before the Z~~~-~if~~ Adjustor ~ County of Spokane ~ ~ IN TNE «ATTER OF: HEARING DaTE Appl i cant: Donal d Spooner ) WEDNESDAY, March 11, 19~1 ~ 1:1,5 p.m. ~ E. 9717 Mission ~ ~ ~ S okane, UJA , 99206 ~ N~ ~27 ~~ff@rson, Groad~~ay Centre Bldg, , . p , ~ Hearinq Roo~r~, 2nd floar ~ ; ) File Number: SP-1-81 } ~ . . ) ~ . Request: Expansion of a Non-Conforminq } Any interested person may a~pear before , Use ' } the Zoning Adjustor 7 . . . ) } ; Zone Classification: Aqricultural- ) ~ Suburban } , County Code: 4.25.'030 (g). ~ ~ PROJECT DESCRIPTION ~ , Applicant request an expansion of a non-conforminq use. A~plication is ~or a . warehouse addition to existinq commercial buildinq in a residential area. . The a ddition is 2464 sq. ft. in size and is to be added to the rear of the existinQ bui ~dinq. EN~I~IRONMENTAL IMPACT: A toc~ic of discussion at this hearina may be whether the Zoninp Adjustor has adequate information to assess the adverse environmental im~acts of the nroaosal. The State Environmental Policy Act WAC 197-10-530 ~2) provides that: "...In ~ the e vent that the further investiqations authorized by this section do not ~rovide inf~ormation reasonably sufficient to assess any potential adverse environmental im~acts of the oroposal, an EIS shall be arepared. , . . ADDITIONAL INFORMATION ~ Please contact: ~Sookane County Planning Departil~ent Telephone No: 456-2205 . ~ - VICINITY MAP LE~AL DESCRIPTION . , Q~ ~ , . , . , Sect~ on 8 Townsh~ p 25 Range 44 EU1M . . . ~ . . ~ ~ ~ r ~ Parcel 08543-0468 ~ : ~~J ~ A f . .r ~ ~ y~ ~ ~ ~ F- ~ C IL ' Slte S1Ze. 2~,2~~ Sq. ft. ~ 7 a ~ . , C~~' Q~,_ , p ~ Opportuni ty Pt of B 309 W, 80 ft. of S 3/5 3~~~~ ~ of E 1/2 Exc. N. 129 ft. ~ Q ~ , . 6 ~n i~ s~ o o~ ~ . ~ , . . .~ti c . , , , 1~ . ,i, ~ ~ Q wQ L ~ . •~~;1 r ` ~ , . 5~~ ~ ~ a ~ . ~ ~ ~ ;r: , ~ . W t~ a o x Q ~ w Q ~ . _ :,rL--1, ~ ~ y - - - •  ---t ; ~ gr nn • ~ ~ 800 N E • r ' ~ 1 }~r1 . ~ f r ` ~ 0 ~ ! 1 , ~ ~ ~F~ICE OF COUNTY ENGINE~RS S PQIC~►NE , WAS HI NGTON T0: ZONING ADJUSTER FROM; COUNTY ENGINE~RS S UBJ ECT : ZONING REQUI REMENTS DATE: MARCH 9th, 1981 , CUN •1-81 I f epproved; . thru Applicant sh811 obtain epprovel from the WBShington State CUH-3-81 Department af Lebor for accese. . SP-1 •81 No ao nditions ar thi9 time. VN-14-$1 No conditions at this time. ~ VW•21-81 If approved: VW•22-81 Applicaat ahall ex~cute norice to the public that thie property i8 served by 8 private road. Applicant ahall coaforaa to Spokene County RoBd Stead$xds in reg8rde to said ptivate road. . CUE •6 •81 I f epproved; Applicant shall agree ro particip8t~ ia and noC oppoe~ ~ny futur~ RID or CRP. VN-10-$1 If 8pproved; Applicanr sh811 execute no~ice to the publie r~►at thia prop~rty is served by a private roed. . VN -l6 -81 I f app roved ; thru Applicant shall execute norice to the public th$t this property VN-19•81 is served by a private road. App~icant shall confora~ ro Spoka~e County Road 5tandard8 i~ reg~rde Co eaid privete road. Applicant, their successore and assigneee shall be a~de awa~re th~t the property to the west edj~cent to this project wae purchased for a future gravel piC eiCe. .