VE-39-81 ~
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• NOTICE OF PUBLIC HEARIN6
Before the Zoning Adjustor
~ County of Spokane
IN THE MATTER OF: ~ HEARIN, DATE
APPLICAN~: James Rasenthal ) WEDNESDAY, MA1~ l3, 1981 1:15 o.m.
S. 1411 Wilbur )
Spokane, WA 99206 j ~ _
FILE NUMBER: VE-39-81 ) N. 721 Jefferson, Broadway Centre BIdQ.
~ 2nd floor, Hearinq Room
REQUEST: Relaxation of Setback Req. 1
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ZONE CIASSIFICA7I0N: SinQle Family (R-1)) Any interested nerson mav apoear before
) the Zonin~ Pdjustor
COUNTY CODE: 4.04A.090 (a) (1) ) .
PROJECT DESCRIPTION
The apalicant proposes ~o enlarqe his existi~na garaQe to be set back 25.2 feet
from the nra~erty line or 50.2 feet as measured from the centerline of lJilbur
Road which has 50 feet of riah~ of way. The Spokane Count.y Zoninq Ordinance
requires in this instance a 25 foot setback from the praaerty line ar 55 feet
as measured from the centerline of said street which is the fronting street.
ADDITIONAL INFORMATION
Please Contact: S~okane County Planninq Department Telephone No: 456-2205
VICINITY MAP LEr,AL DE5CRIPTION
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~~.-`~1;1 Section 21, Township 25, Ranqe 4 EIJM
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~ MAP SHOV~ 1NG I,OCATION OF P.F ',IDENCE ON cS; I307JNDARIES OF
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in the-~"T"s COUNTY OF SPOgANE, AND STATE OF WASHINGTON. ~
Eatra cha.rge far setiing LOT markers. 3nrvey for Loan purpases. ~
Scale 1" = 20 Ft. Survesed: !~ece~aber 24 1964 .
I hereby certiiy that I surveyed the above described property Rnd that I firid tbe imnrovements to ~
be on ihe premises in question tind tliat they do not enr.roa.ch un the property ly ng adjs+.cent t2zereto-
EXCEPT: ~
NO improvements encroach on these premises-Except: ;
OWNER or BUYER S AI:GE]tiT & rLAGA-~~ '
Ripisf~r:d l~~~d Sl,n•c~ors i
Ja~ae- Rosenthril
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OFFICE OF COUNTY ENGINEER
SPOKANE COUNTY, WASHINGTON
M ay 7, 1981
T0: Zoning Administrator
FROM: County Engineer's Office
SUBJECT: Requirements
VE-39-51 No conditions at this time.
VE-42-81 No tonditions at this time.
VN-45-81 & If approved:
YN-46-81 A. Applicant shall provide an easement 60 ft. in width. The easement
shall be designated as future public right-of-Nay. The purpose of this
easement will be the provision of future right-of-way for the extension
of Waggon Road to Big Meadows Road.*
*Applicant is the owner of record of Parcel Nos. 02733-9062, 02733-9061,
and 02733-9056 (see Map #l). The alignment of thls easement shou'.d pra-
vide for connection to Waggon Road (see Map #2).
B. Notice to public that aroperty is served by private road and that
Spokane County is IYOT responsible for maintenance. (Spokane County
Notice to Pubiic Form No. 1.)
C. Notice to public that applicant agrees to construct road to Spoka.ne
County standards. (Spokane County Notice to Public Form No. 1.)
0. Agree to deed right-of-way to Spokane County at such time as Spokane
County is petltioned to serve the described property with a public
road. (Spokane County Notice to Pub11c Form l.)
E. Agree to participate in and not oppose or protest a County Road
Improvement District (R.I.D.) (Spokdne County Notice to Public Form
#1.)
YS-41-81 if approved:
Applicant shall sign and record the foilorving documents if variance is
appreved.
1) Notice to public that property is served by private road and that
Spokane County is not responsible for maintenance. (Spokane County
Notice to Public Form No. 2.)
2) Notice to public that applicant agrees to construct road to Spokane
County Standards. (Spokane County Notice to Public Form No. 2.)
3) Agreement to deed right-of-way to Spokane County at such time as
Spokane County is petitioned to serve the descrlbed property within a
public road. (Spokane County Notice to Public Form No. 2.)
4) Agreement to participate in and not oppose or protest a County Road
Improvement District (R.I.Q.) (Spokane County Notice to Public Form
No. 2.)
r , ~SE.C.:EiVED
" ' . ~ S~tt~;r,tir ~,~uNtT d!!a;{~!E€R
BEFORE THE ZONING ADJUSTOR OF .
SPOKANE COUNTY, WASHINGTON MAY2 01981 -
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IN THE MATTER OF:
____.....,r
APPLICANT: JAMES ROSENTHAL ) DECISION
REQUEST: RELAXATION OF SETBACK REQUIREMENT) FINDINGS OF FACT
COUNTY CODE: 4.04A.090 (a) (1) ) CONCLUSIONS OF LAW
FILE NUMBER: VE-39-81
PARCEL 21544-1408
OATE OF HEARING: MAY 13, 1981
DATE OF DECISION: MAY 20, 1981
DECISION
The application is approved.
This decision will allow an addition to a
garage to be set back 25 feet from the frcnt
property line.
INTRODUCTION
This matter being the consideration by the Zoning Adjustor 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 hearinq to receive all public testimony and after re-
viewing the public record, examining available information, and visiting the
property and surrounding area, the Zoning Adjustor in accordance with Chapter
36.70.810 Revised Code of Washington, and Section 4.25.03 of the county zoning
ordinance hereby makes the following Findings of Fact and Conclusions of Law
hereinbelow stated.
The applicant, James Rosenthal, filed an application with the Planning
Department on March 9, 1981 requesting a variance approval for relaxation of
the front yard setback. The property is located east of Spokane in Section
21, Township 25, Range 44.
That on May 13, 1981 a hearing was held before the Zoninq Adjustor. After
conclusion of testimony the matter was taken under advisement for review and
decision.
FINDINGS OF FACT
1.
The applicant is proposing to extend his garage five (5) feet into the
front yard setback area. This would result in the structurE beinq located
25.2 feet from the front property line or 50.2 feet as measured from the
centerline of Wilbur Road.
II.
It is found that Wilbur Road has 50 feet of right-of-way width and is
considered a minor residential street.
III.
The applicant testified that expansion to the rear is not possible be-
cause of the location of the sewage drainfield. It was further reported that
the style or character of the existing structure will not be altered.
IV.
That the proposal does not require new utility services nor require any
change in existing public services.
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VE-39-81
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V.
Reporting County departments have no specific recommendations regard-
ing this proposal. However, a building permit will be required as per
Section 301 Unifarm Building Code.
VI.
From on-site review, there are other properties within the immediate
neiqhborhood which have residences located approximately 25 feet from the
front property lines. Ther.efore this action does not constitute a qranting
of a special privilege inconsistent with the limitations placed upon other
properties in the vicinity and under the same zone classification.
VII.
The opportunity was afforded at the hearing to any interested party•to
testify regarding this proposal. No one appeared or any written comrnents
were received in oppasition.
VIII.
Any Finding of Fact stated hereinbelow which is deemed a Conclusion of
Law hereinafter stated, shall be adopted as the same.
CONCLUSION OF LAW
I.
That the Zoning Adjustor of 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.
H.
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 4.24.040 of the zoning ordinance, notice for a
public hearing was given throuqh the United States mail to all property
owners within a radius of 300 feet from the subject property.
III. I
That all citizens notified and public agencies having ;urisdiction were ,
afforded the opportunity to testify or submit written comments on the proposed
project.
IV.
The applicant was able to demonstrate to the Zoning Adjustor that there
is a unique hardship associated with the subject property in that any expan-
sion of his residence to the rear would encroach on the on-site sewaqe disposal
system.
V.
The applicant's request for an addition containing approximately 115 square
feet is considered a minor request which will have the least amount of impact
on the surrounding neighborhood. Therefore denial would be an unreasonable
use of zoning law in this instance.
VI.
From the above Findings and Conclusions, the Zoninq Ad,justor concluded
that this action would not be detrimental to the public health, safety, and
general welfare.
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UE-39-81
CONDITIONS OF APPROVAL
I.
The applicant shall obtain a building permit from the Department of
Buildinq and Safety and shall conform to all code requirements.
II.
The applicant shall construct the addition as presented in this appli-
cation. That the addition may be located no closer than 25 feet to the front
property line.
ENTERED THIS DAY OF 1981 PURSUANT f0 THE AUTHORITY
GRANTED UNDER JO
OUNTY CODE, SECTIQq 4.25.030.
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THOMAS L. DAVIS
ZONING ADJUSTOR FOR SPOKANE
COUNTY, WASHINGTON
ATTEST BY:
~6n CLERK TO THE NTV AIJiJ'TOR
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