WVE-3-81
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BEFORE THE ZONING ADJUSTOR OF
SPQKANE COUNTY, WASHINGTON
IN THE MATTER OF:
APPLICANT: JOYCE BERGER ) DECISIOP!
REQUEST: WAIVER OF VIOLATION ) CONCLUSIONS OF LAW
COUNTY CODE: 4.25.030 (f) ) FINDINr,s OF FACT
FILE NUMBER: WVE-3-81
PARCEL 21544-9126
DATE OF HEARING: JULY 8, 1981
DATE OF DECISION: JULY 22, 1981
DECISION
To approve in part the Waiver of Violation.
To deny the waiver of violation for that
portion of the fence beginning at the
southwest corner of the present fence arid
extending along the south fence line for
a distance of eight (8) feet or to the
first support post; and that portion of
the fence extending along the west line
from the southwest corner for a distance
of eight (8) feet or to the first support
post.
INTRODUCTION
This matter being the consideration by the Zoning P.djustor for Spokane
County and pursuant to Chapter 4.25, Section 4.25.010, the Zoning Adjustor
has the authority to hear and decide such matters cominq before him. After
conducting a public hearing to receive all public testimony and after review-
ing the public record and examining available information, the Zoninq Adjustor
in accordance with Chapter 36.70.810 Revised Code of Washington and Section
4.25.030 of the Zoning Ordinance hereby makes the follotNi»g Findings of Fact
and Conclusions of Law hereinbelow stated.
The applicant, Joyce Berger, filed an application with the Planning
Department on May 11, 1981 to allow a fence which is 5 1/2 feet in height to
remain on the property. The subject property is located on 6owdish Road in
Section 21, Township 25, Range 44. , .
That an July 8, 1981, a puhlic hearing was held before the Zoning Adjust-
or. After receiving public testimony and accepting the file from the Planning
Department, the Zoning Adjustor set July 22, 1981 at 1:15 p.m. as the time to
announce the decision.
That on July 22, 1981 the Zoning Ad.justor having reviewed the public
testimony and having made a site inspection concluded there are sufficient
grounds to support this action.
CONCLUSIONS OF LAW
1.
That the Zoning Adjustor for Spokane County has jurisdiction over the
issuance of the building permit for the project to the applicant pursuant to
the provisions of Chapter 36.70.810 RCW and Section 4.25.030 of the Spokane
County Zoning Ordinance. That the applicant submitted an application 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 Ord-
inance, notice for a public hearing was given through the United States mail
to all property owners within a radius of 300 feet trom tne subiect property.
II.
That all citizens notified and public agencies having jurisdiction were
afforded the opportunity to testify or submit written comments onthe proposed
project.
PAGE 2
WVE-3-2
III.
That this action was taken after finding that the public health, safety
and general welfare will not be infringed upon. That mitigatinq measures to
assure public safety are being imposed hereinafter. Furthermore, this action
conforms to the intent of the Zoning Ordinance in that tlie issuance of a
waiver of violation is not violating the spirit and intent of the Ordinance.
Eventhough the applicant acted in good faith, certain modifications are being
required as public safeguards. Therefore, this action does not constitute
the granting of a special privileqe inconsistent with the limitations placed
upon other properties in the vicinity and under the same zone classification
as cited in Chapter 36.70.810 RCW.
IV.
That pursuant to the above cited provisions of law, Findings of Fact
hereinbelow substantiates action taken regarding this application. Any Find-
ing of Fact hereinafter stated which is deemed to be a Coriclusion of Law
is adopted as the same.
FINDINGS OF FACT
I.
The applicant requested a waiver of violation in order to allow a wood
fence approximately 5 feet to 5 112 feet in height to remain in the front yard.
Under Section 4.17.030 of the County Zoning Ordinance, no fence over thirty-
six (36) inches in height may be erected within the requir,ed front yard area
of any lot used for residential purposes.
II.
The applicant testified that the fence was constructed approximately
two years ago. The fence covers almost the entire yard area because of the
swimninq pool which is located on the subject property. County Ordinance re-
quires swimminq pools to be enclosed with a fence at least four (4) feet in
height. The applicant further testified that the residence is for sale and
that it would be an economic hardship if it was required to have the violat-
ing portion of the fencz removed and a new fence constructed to complete the
pool enclosure.
III.
This application is the result of a complaint lodged with the Zoning
Investigator, Department of Building and Safety. The file contains a memo
from Mark Holman, Zoning Investigator, dated June 30, 1981 acknowledqinq that
as a result of the investigation, the fence is in violation of the Zoninq
Ordinance. Further it was reported that residential fences do not require the
issuance of building permits.
IV.
The opportunity was afforded at the hearinq to any interested person to
testify in opposition to the applicant's request. Testimony was received
from Martin Botchek who is a neighoborinq property owner adjacent to the sub-
ject property to the south. Mr. Botchek expressed concerns reqardinq sight I
visability when backing out of his driveway onto Bowdish Road. It was stated
that the fence blocked his view of south bound traffic.
From on-site review, the Zoning Adjustor found that visability was beina
restricted by the placement of the fence. As requested by the Zonina Ad,justor,
the County Enaineer's Office reported that Bowdish Road at this location is con-
sidered to be a secondary arterial and has a traffic count of 5929 ADT(Average
Daily Traffic). Therefore, it is concluded that a traffic hazard does exist,
and that removal of a portion of the violating fence is warranted in this in-
stance. V.
For the remaining fence area, the Zoninq Adjustor finds that the fencc-
can be allowed to remain as there was no evidence submitted to show that the
fence will adversely affect the public health, safety, convenience and qeneral
welfare.
,
~ PAaE 3
WVE-3-81
VI.
From these Conclusions of Law and Findings of Fact stated hereinabove,
the Zoning Adjustor orders the followinq:
ORDER
1.
Within sixty (60) days from the date of this Order, the applicant shall
cause removal of that portion of the fence that is found to be in violation
with the zoning ordinance and this decision. Specifically, that portion of
the fence beqinning at the southwest corner of the present fence and extend-
inq along the south fence line for a distance of eight (8) feet or to the*
first support post; and that portion of the fence extending alonq the west
line from the southwest corner for a distance of eight (8) feet or to the
first support post shall be either removed or reduced to 36 inches in heiqht.
If the applicant chooses to remove the fence, then the two fence ends shall
be connected with a fence of equal height (5 to 5 1/2 feet) to fonn the
hypotenuse of a"clear view" tHangle. If the applicant chooses to reduce
the fence height to 36 inches, then a fence of at least 4 feet in height
shall be constructed at some other location on the property to enclose the
swimming pool.
ENTERED THIS 22ND DAY OF JULY, 1981.
~b 1 . 1. , ~ I . ;d ~~'•~'-G
THOMAS L. DAN J ~
ZONING ADJUSTOR FOR SPOKANE
COUNTY, WASHINGTON
ATTEST BY: '
.
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,
~ NOT ICE 0F f'I , l_ IC HEl!R1~ir,
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.
• ~ •
Qefore the Zoninq Adjustor
Countyo uf Spokane
IN TNE M1ITTER OF: HEAR IPlG DATE
Applicant: Jo.yce H. Qerger ) WEDNESDAY, JULY 8, 1981 1:15 p.m.
S. 1221 Iiowdish Rd. )
Spokane, 4JA 99206 ) N. 721 Jefferson, aroadway Centre Bldq.
) hearinq Rooni, 2nd floor
)
File Number: wVE-3-81 )
)
Request: waiver of Violation ) Any inter-ested person may appear before
) the Zoniny Adjustor
)
)
)
Zoiie Classification: Aqricultural )
)
County Code: 4.25.030 (f) ) .
PROJECT DESCRIPTIUN
The applicant request a waiver of violation in order to allow a 5 112 to 5 foot
wood fence to remain in the front yard. Under Section 4.17.040 of the Sookane
County Zoninq Ordinance, no fence over thirty-six (36) inches may be erected
within the required fvont yard of any lot used for residential Durposes.
ADD IT I ONAL I IdFORF111T I ON
Please contact: SpoE.ane County f'lanning Department Telephone No: 456-2205
~ VICINIT'r MIIP LEGIIL DESCRIPTION
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~ OFFICE OF CDUNTY ENGINEER
SPOKANE COUNTY, WASHINGTON
DoN ~~ly 8 19 S1
Inter-offica Communicotion
Tr Spokane County Zoning Adjustor
From Spokane County Engineer
Su6jer" Aoolications schedule for hearina Julv 8- 1981
VE 43-81 No coirments concerning this application. WYE 3-81 No comments concerning this application.
CUE 19-81 That the applicant obtain an approach permit for construction of the
driveway approach to Broadway Avenue.
BMc/set
Form 327-C R