CUE-43-80
BEFORE THE BOARD -OF ADJUSTMENT OF
SPOKANE COUNTY, WASHINGTON
IN THE MATTER OF REVIEWING THE )
ADMINISTRATIVE ACTION OF THE )
SPOKANE COUNTY ZONING ADJUSTOR ) FINDINGS & ORDER
IN A DECISION TO APPROVE CONDITIONAL )
USE # CUE-43-80 }
THIS MATTER, Being the consideration of the Board of Adjustment
for Spokane County, is an appeal of an administrative action by the Spokane
County Zoning Adjustor approving Conditional Use #CUE-43-80 for the purpose
of a temporary permit for a manufactured home for dependent relative,
hereinafter referred to as the "Proposal", and the Board of Adjustment of
Spokane County having held a public hearing on April 6, 1981, and having
fully considered all testimony presented thereat, and having rendered a
decision on the 6th day of April, 1981 overturning the Zoning Adjustor's
decision and denying said proposal, does hereby make the following:
FINDINGS OF FACT
1. That the proposal is generally located north of Fourth Avenue
apprflximately 180 feet east of McDona►d Road in the Spokane Valley.
2. That the proposal consists of a request for approval of a
temporary permit for a manufactured home for dependent relative.
3. That the Generalized Comprehensive Plan for Spokane County
indicates Urban designation for the area encompassed by this proposal.
4. That the Spokane County Zoning Adjustor held a public
hearing on November 12, 1980, concerning the proposal, and that on November
20, 1980 the Spokane County Zoning Adjustor , by conclLsions of Law and
Findings of Fact did render a decision to approve the proFosal.
5. That on Nobember 24, 1980, an appeal fro n the decision of
the Zoning Adjustor of Spokane County was filed by Harold Sanders, an
obj ecto r .
6. That the proposal is not compatible with existing uses in the
area.
7. That the proposal is not detrimental or otherwise harmful to
the public health, safety and welfare.
8. That the proposal is not totally consistent with the surrounding
land use classifications and would grant a special privilege or rights to the
applicant different than those enjoyed by adjacent property owners.
FINDINGS AND ^IDER - CUE-43-80
9. That the proper legal requirements for advertising of the
hearing before the Spokane County Board of Adjustment have been met.
10. That at the Board of Adjustment hearing, there were objectors
of record, but no person in attendance in favor of this proposal. .
Board Vote: 5-0
DATED This 4th day of May 1981. •
SP NE COUNTY BOARD UF ADJUSTMENT
5 OKA E C N Y, ASH I NGTO
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QEFORE, THE ZONIiiG ADJUSTOR INTEROFFICE MAIL
SPOKANE COUNTY, WASHINGTOr gob Brueqgeman
Engr, Office
IN THE MATTER OF:
APPLICANT: Calvin R. Yates ) DECISION
REQUEST: Mobile Home for Dependent Relative ) CONCLUSI0N OF L/1W
COUNTY CODE: 4.04.170 jj and 4.24.560 ) FINDINGS OF FACT
FILE NUM6ER: CUE-43-80
PARCEL 22541-9037
DATE OF HEARIfVG: November 12, 1980
DATE OF DECISION: November 20, 1980
BASIS FOR ACCEPTAfdCE
This matter being the consideration by the Zoninq Adjustor for Sookane
County and pursuant to Chapter 4.25, Section 4.25.010, the Zoning Adjustor has
the authority to hear and decide such matters coming before him. After con-
ductinQ a public hearing to rECeive all public testimony and after reviewing
the public record, examining available information, and visitinq the property
and surroundinq area, the Zoning Adjustor in accordance with Chapter 36.70.810
Revised Code of 4Jashinqton, and Section 4.25.030 of the County Zoning Ordinance,
hereby makes the follotiving:
DECISION
TO APPRO'JE THE APF'LICi"+NT'S REQUEST FOR A CONDITIUPlAL USE PERt"IT TO
ALLOW A IIOQILE HOME AS A TEMPORARY RESIDENCE FOR A DEPENDENT RELATIVE.
THIS PERMIT SHALL BE r,RANTED FOR A PERIOD OF ONE YEAR FROffi THE DATE
OF THIS ORDER.
COINCLUSIii,; 0r- Lf;'.1
1.
Tiiat the Zonino 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 RC!d and Section 4.25.030 of the Spokane
County Zoning Ordinance.
II.
That the applicant subn-,itted an application to the Planning Cenar°tirent re-
questing a public hearing before the Zoning Adjustor, and that pursuant to
Chapter 36.70.540 and Section 4.25.040 of the Zoning Ordinance, notice for a
public hearinq was yiven throuqh the United States mail to all property oti•m ers
within a radius of 300 feet from the subject property. An affidavit of mailinq
datcd the 28th of October, 1980 was submitted by the applicant.
III.
That all citizens notified and public aqericies having jui°isdiction were
afforded the opportunit_y to testify or submit wt°itten comments on the proposed
proje'ct.
IV.
That pursuant to the above cited nrovision of lakv, Findinqs of Fact here-
inbelow substatiates approval of the application and issuance of a buildinq
permit for the project.
V.
Any Findinq of Fact hereinafter stated which is deeined to be a Conclusion
of Law is adopted as the Sdf11e.
From the Conclusions of Law the ZO111t1CJ AdjUStOY' hereb, RC. t,,,~rttfVER
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brOrANt fI1uNTl' LM6INEkE
NOV211980
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PAr,E 2
' CUE-43-80
F I fdD I fIGS OF FACT
I. .
That the applicant filed an application with the 5pokane County Planninq
Department on October 24, 1980 iri conjunction with a mobile home as a residence
for a dependent relative. A letter from a licensed physician dated October 21,
1980 verified that a medical problem does exist with the applicant's mother
which requires necessary assistance from the applicant. The mobile home is to
be occupied by the applicant and the principle d4iellinq is beinyo uccupied by
the dependent relative.
II.
That at the hearing, neither the applicant nor- a representative was pre-
sent to answer questions renard-inq the ;-equest. However, the Zoninq Adjustor
was able to conclude from the file and oersonal visit to the subject property
that there is sufficient inforniation to r-ender a decision.
III.
From testimony by tiie Planninq Department staff, the sub,ject property w as
issued a nermit for a dependent relative on Septemher 30, 1974, that approval
Uras granted for an indefiriite period of time. Qy taking this action, the Zoninq
Adjustor would be in fact brinqing the propasal into compliance with the newly
adopted conditions qoverninq mobile honles for dependent relatives. It is noted
that the site is curreritly vacant with the exceptiori of the principal residence.
IV.
That this actior) was taken after findinq thac the public health, safety,
and yeneral welfare will not be infrinqed upon. That furtherrnore, this action
conforms to the intent of the Zoning Ordinance irid general comprehensive plan
adopted by Spokane Count,y. The placement af the mobile home will be in a
manner as nat to create a nuisance or infringe upon neiyhboring properties.
The appearance would be that of a single family residence located in a separate
and distinct Uarcel.
V,
That all matters before the Loninq Adjustor are reviewed by agencies of
jurisdiction with the following agencies subi»ittinq recomiriendations to the
Zoninq Adjustor for consideration:
SPOKANE COUNTY ENGINEER'S OFFICE: In a memo dated Novembcr 7, 1980 the
Engineer's Office has requested as a condition of approval that the applicant
shall aqree to participate in any future Road Improvement Projects and to
dedicate the south 5 feet of the advertized property for road purposes. In
keeping with the Zoninq Adjustor's policy to not require road impr°ovements for
temporar,y use permits unless it is demonstrated that the improvements are ne-
cessary to protect the public health, safety and general welfare, this action
is beinq taken without the requirinq of road improvements. Pdo additional in-
formation was presented regarding tiiis application.
SPOKANE COUN7Y UTILITIES DEPARTMEfdT: In a memo dated Novemoer 7, 198-10 the
Department indicated that water service shall be coordinated with P•1ode1°n Elec-
tric Company in accordance with the Coordinated lJater System Plan for Spokane
County. That the applicant shall agree to not oppose any future utility local
improvement districts to provide central seweraqe to this lot.
SPOKANE COUfITY IiEALTH DISTRICT: In a iiiemo dated November 7, 1980 it was found
that this project is over the Spokane /lquifer Sensitive Area and witilin the
critical water supply service area of Modern Electric Company. Also qround-
water resources appear adequate to supnort developinent at this density. The
District reconunended to the Zoninq Adjustor that approval of the applicant's
pro,ject be subject to the issuance of a aermit by the Health Officer. That a
private on-site well system to service the property will not be authorized.
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' CUE-43-80
SPOKAfdE COUNTY PLANUIPJG DEPARTP)ENT: In the staff presentation at the hearing,
it was repor•ted that the file is in order and the applicant can comply with
the conditional standards as stated in Section 4.24.560 of the zoninq ordin-
ance.
IU.
The Zoning Adjustor found that the proposed residence for a dependent
relative will not be in conflict with adjacent land uses nor be detrimental to
the general comprehensive plan - 1968. Nor will this action involve the erect-
ion of a substantial structure. The site is zoned agricultural which is a class-
ification suitable for farming and agricultural pursuits. Therefore, this action
would heave the least impact on adjacent pr°operties.
V.
That this action and supported by the above nated findinqs vrill not be
materially detrimental to the public welfare or injurious to adjacent properties
and improvements.
VI.
The opportunity was afforded at the hearing to any interested person to
testify reciarding the applicant's proposal. No one appeared in opposition.
The file does contain a petition of area residences in opposition, however, the
petition does not iclentify concerns regarding the proposal.
CONDITIONS OF APPROV/1L
1.
The permit may be reriewed administratively by the Director of ?lanninq
upon the recertification by a licensed physician that a medical problem still
requires care. The renewal perifl d shall be every year from the date of the
oriqinal permit.
Ii.
The mobile home shall be as defined in Chapter 4.03.
III.
Upon termination of the need for care or the sale or lease of the property
the applicant shall remove the mobile home from the site aJithin forty-five (45)
days.
IU.
A statement shall be attached to the deed and recorded in the County
Auditor's Office stating thai; the mobile home is temporary and for the use of
the dependent relative for vihich the conditional use permit is approved and
not considered a permanent structure to be transferred with the property if
sold or leased.
U.
The pl acement o ll- the niobi 1 e home sha 11 be i n coinpl i ance t•ii th a 11 pl at
dedications.
vl.
The f110blllty qear shall not be permanently affixed to the land, except
for temporary connections to utilities.
VII.
Only one teiliporary resi dence may be per,mi tted on a 1 at, parcel, or tract
of land under the ok•inership or lease by the applicant for- the conditional use
permit.
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' pAr,E 4
CUE-4.i-80
VIII.
The applicant sha11 coinply with al1 requiren;ents of the Spokane County
fiealth District, the Department of Social and Health Services for water
supply and sewage disposal.
VIU.
That the applicant shall within 90 days from the date of this order sub-
mit a written statement to the file from a licensed physician statinq the
nature of the medical problem as required in Section 4.25.560 (b) (2).
ORDERED THIS,,_VD1~3_ DAY OF 1930.
ZO~ING ADJUSTO FOR SPO`"fdE
i,OUNTY, LJASfIINGTON
ATTE~ QY:
Spokane Co unty ~Deot~t~
~~i lann nq
.
At said time and place any intere5ted person way appear for, or against, tne granting of
this application. • .
SPOKANE COUNTY PLANNING DEPARTMENT
zOIVINr, ADJUSTOR HEARING TELEPHONE NO: 455-2274
FIME: Wednesday, November 1~ 1980 1:15 p.m.
PLACE: N. 721 Jefferson, Broadway Centre B1dg.
Conference room, 2nd floor
CONDITIONAL USE PERMIT
CUE-43-80, Mobile Home for Dependent Relative (temporarV)
a. Location: Section 22, Township 25, Range 44 EWM
' E 145 ft. of W 350 ft. of S 260.6 ft. of NW 1/4
' of NE 1/4, Parcel 22541-90 37
b. Applicant: Calvin R. Yates
, 14504 E. Wellesley y2
Spokane, WA 99216
c. Proposed Use: Mobi]e Home for Dependent Relative
, d. Site Size: 37,787 sq. ft.
' e. Existing Zone: Agricultural
f. Permit Requested: Applicant request temporary permit to locate
mobile home on property for dependent reiative
use.
g. Application of Zoning Ordinance: 4.04.170 jj and 4.24.560
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OFFICE OF COl7NTY SdGINF.LIt
Spoicane -County, Waehiagton
TO: Zoning Pdjustsr
FROM; Dob Srve:gwn. Ba6laser'• Otiice
SUBJEC?: Countf Enlineer's Rscortodstioas
tLTE: IiovMaber 7th, 1980
CUS -21-80 I t approved:
Va-111-80 Applicant shall dedicat• tha oorCb 15 iaet of the advertised
pro*erty for read purposes.
♦pplicaat shall a=rte to participate la •ay luture AIb or CIt
lavolving +pPllceot'a property.
YE-I91-80 If approved:
1}plicaat shall dedicate S leet 0 -i+_4-s8sie
JFW
Rood u~--o
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opplicaatle *reperty for rosd purposea,
Applicoat shall a:res to p4rticipate in any future RID
iovqtving oppitaaAt'• *ropsrty.
VW-210-80 Ii approvsd: '
AAAlicaat shall •xecuto notics to the public that this property
1o •orved by a privats road.
vs-is4-80
THRU
VS-169-80 Some coaditlons as those stated in a mem to [he Loning
♦djuster, dated atptesber 15th, 1980.
CUE-14-80 It apptoved:
Applicaat shall dedtaat• the mouth 10 isat ot the advertised
prarorty !or road purposes.
wppliCaot shall •=ree to prrticipat• ia •ny tut»r• 1tID or C!T
imwlVing applicant's property.
cusa az-so it .pproy.a:
Appliaadt shall agre• to partic'
involvic►= appliciat's property.
CUE-63-80 If a'proved:
♦pplicant shall dedicits the soutb 5 leet oi this advartissd
property tor s+oad purposes.
Applictat shall •sree to pertlcipat• ia •ay tuture RII? •r CR?
iawlvinj applicaat'• prnperty.
VN-214-80 If approved:
Applicaat phall a=rse to participate ia •ny luture RID involvlug
•Pplicsat's ProRert7.
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OFFICE OF•COUNTY ENGIt3L'ERS
5t'OKANE, WASHINGTON
T0: 7.ONZNG ADMINISTTZATOR
FROM: COUNTY ENG].A`EERS
DATE: .IANllAEtY 12t1i, 1981
Sl3B3ECT: RECOMMENDATI0I3S
CC•1-80: If approved:
Access to the State Highway and any access to
county roads must be approved by the agency
with jurisdiction.
CI1W-49-80; No conditions ae chis Cime.
VN -Z 2 2 -80
th ru
VN-225-80: If approved:
Applicant shall execute a Tract "X" Agreement
with Spoksne County for this easemenC road.
VE-226-80: If approved:
Applicant shall dedicate the south 14 feet along 8Ch Avenue
for right of way purposes. AQplicanC shall execute a Tract
"X" Agreement with Spokane County for the north SO feet
of the advertised property for future extension of 6tk► Avenue.
C[IE-43-80; Same conditions as previous hearing.
VN-218 If Approved:
VN-219 Applicant shall execu[e notice to the public that this property
is served by a private road.
If access is anticipated off the private road in the subdivision
to the north, then the private road standards and its res[rictions
must apply.
WVE-10-80; Seme conditions as previous hearing.