VE-226-80
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BEFORE THE ZONING ADJUSTOR
SPOKANE COUNTY, WASHIN.r,TON
IN THE MATTER OF:
APPLICANT: GEORGE KOELLER ) DECISION
REQUEST: RELAXATION OF LOT WIDTN/DEPTH ) FINDINGS OF FACT
RATIO AND RELAXATION OF FRONTAr,E REQ. ) CONCLUSIONS OF LA1J
COUNTY CODE: 4.17.130 and 4.05.040 )
FILE NUMBER: VE-226-80
PARCEL 23542-9105
DATE OF HEARING: Dec. 22, 1980 and Jan. 14, 1981
DATE OF DECISION: January 21, 1981
DECISION
The application is aoproved.
INTRODUCTION
This matter beinq the consideration by the Zoning Adjustor for Spokane
County and pursuant to Chanter 4.25, Section 4.25.010, the Zonina Adjustor has
the authorit.y to hear and decide such matters coming before him. After con-
ductina a public hearina to receive all public testimony and after reviewinq
the public record, examininp available information, and visitina the property
and surroundinn area, the Zoninq Adjustor in accordance with Chapter 36.70.810
Revised Code of Washinqton, and Section 4.25.030 of the county zonino ordinance
hereby makes the followinq Findings of Fact and Conclusions of Law hereinbelow
stated.
The applicant, Georqe Koeller, filed an apolication on December 5, 1980 re-
questinn a variance approval for relaxation of the required frontaqe on a public
road in order to construct a single family residence on a parcel of land 2 acres
in size. The oropert.y is located on Eiqht Avenue and east of Everqrzen Road in
Section 23, Township 25, 4anqe 44.
This matter was first heard before the Zonina Adiustor on December 22, 1980.
At the hearinq it was determined that insufficient information reqardinq the
division of the sub.ject lot was oresented. Further, the sub,ject nroperty was
not in compliance with Section 4.17.130 titled Lot Deoth to Width Ratio. It was ordered that the matter be continued to January 14, 1981 for additional research
and that the staff shall renotifi.y as required by law.
That on January 14, 1981, the hearinq of tnis apnlication was concluded. The
announcement of a decision was set for January 21, 1981 at 1:15 p.m.
FINDINGS OF FACT
I.
That from additional research by staff it was confirmed to the ZoninQ Adjustor
that a proper and leqal seqreqation of the subject property was made. That a
Certificate of Exemption No. CE-1512-79 (B) was issued by the Actinq Short Plat
Hdministrator on December 5, 1980. The provision cited ►vas Section 3.3B.3. A
Certificate of Exemption was oriqinally issued in 1979, however, due to an error
in the leaal descriQtion with the oriqinal application, a revised and corrected
certificate was issued. Staff assured hhe Zoning Adjustor that a lenal division
of land was made.
II.
It was reported that the applicant's property has 55 feet of public road front-
aqe whereas the zonina ordinance requires a minimum of 65 feet for the Aqricultural
Suburban zone.
III.
The anplicant's lot width at buildinq line is 165 feet which is sufficient to
accommodate a sinqle family residence.
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PA,E 2
• VE-226-80
IV.
All matters before the Zoninq Adjustor are reviewed by aqencies of
,jurisdiction with the followinq aqencies submittinq recommendations to the
Zoninq Adjustor for consideration:
SPOKANE COUNTY ENGINEERS ?FF6E: jt was recommended at the hearinq that the
apolicant aqree to dedicae e south 10 feet alonq 8th Avenue for riqht-of-
way ourposes. Further, the applicant shall execute a Tract "X" Aqreement
with Spokane County for the north 30 feet of the subject property for future
extension of 6th Avenue.
SPOKANE COUNTY UTILITIES: It was recommended that the applicant shall aartici-
pate in any formation of a utility improvement district to provide central
sewaqe to this area.
SPOKANE COUNTY HEALTH DISTRICT: It was reported that this project lies over
the Spokane Aquifer but within the service area of Vera Irriqation District.
That water service shall be by Vera Irrioation and that sub.ject to specific
desiqn anoroval, the use of an individual on-site sewaqe system may be author-
ized.
SPOKANE COUNTY PLANNING DEPARTP•1ENT: Staff confirmed that the anplication'is
in compliance with the established nrocedures for processinq such anplications.
That a leqal division of land for buildinq purposes has been created. Staff
reported that there are similar in size which do not have the required minimum
width for road frontaae.
V.
The applicant testified at the hearinq that they would comply with those
requirements recommended in the aqency's review.
VI.
The opportunity was afforded at the hearinq to any interested person to
testify reaardinq the applicant's proposal. An area property owner did testify
reqardino concern over the division of the subject property.
Findinq Number l describes the issue of the seqreqation. It was confirmed
that the seqrec►ation was in compliance with the existing laws at the time appli-
cation for seareaation was made in 1979.
Since that time the•Short Plat Ordinance, Section 3.3B.3 was amended to
further clarify the intent of the provision for division of land to a spouse,
son or daunhter. Therefore, future segreqations under this provision cannot be
sold, leased, or transferred without compliance with ChaAter 58.17 RCbJ.
From the above Findinqs of Fact, the Zoning Adjustor enters these:
CONCLUSIONS OF LAW
I.
That the Zoninq Adjustor of Spokane County has ,jurisdiction over the issuance
of the buildinq oermit for the nroject to the aoplicant pursuant to the provisions
of C{iapter 36.70.810 RCW and Section 4.25.030 of the Spokane Countv Zoninq Ord-
inance.
II.
That the applicant submitted an application to the Planninq Department re-
questinq a public hearinq before the Zoninq Ad,iustor, and that pursuant to
Chapter 36.70.840 and Section 4.25.040 of the zoninq ordinance, notice for a
nublic hearinq was given through the United States mail to all property owners
within a radius of 300 feet from the subject property.
III.
That all citizens notified and aclencies havinq jurisdiction were afforded
the opportunity to testify or submit written comments on the proposed pro,ject.
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PAGE 3
. ' VE-226-80
IV.
That in review of the assessor's maps for this general vicinity, it is
found that there are other divisions both smaller and larqer in size which
do not have the required frontaqe on a public maintained road as soecified
by the zoninq ordinance. Therefore, this action does not constitute the
QrantinQ of a special privileqe inconsistent with the limitation placed up-
on other properties in the vicinity and under the same zone classification
as cited in Chapter 36.70.810 RCIJ, and if denied, the applicant would be de-
prived of a minimum and basic riQht to construct a single family residence on
a parcel of land which has been found to be sufficient in size to support such
a use.
V.
The Zoninq Adjustor finds that the proposed use on a parcel consistinQ of
2 acres and havinq 55 feet of road frontaqe is a reasonable request for relaxa-
tion of the zoninq provision. Denial would be an unreasonable imposition placed
on the annlicant.
VI.
That this action was taken after finding that the public health, safe,t.y
and oeneral welfare will not be infrinqed unon. That furthermore, this action
conforms to the intent of the zoninq ordinance and general comprehensive plan
adopted by Spokane County. That reasonable assurances have been provided by the
applicant that future riqht-of-way will be made available to Snokane County for
public road purposes.
VII.
Any Conclusion of Law which is deemed a Finding of Fact is hereby adopted
as the same.
CONDITIONS OF APPROVAL
I.
That an on-site sewaqe disposal system shall be apnroved by the County
Health Officer.
II.
That the proposed project shall be in substantial conformance to the nlot
plan on file with this application, and shall observe all setback requirements
as prescribed by the Spokane County Zoning Ordinance.
III.
That the subject property shall not be further subdivided unless said
division is in compliance with Chapter 58.17 RCW and apolicable county ordinance
qoverninq such divisions. Any such division shall be in compliance with the
adopted comprehensive plan for Spokane County.
IV.
Prior to the issuance of a building permit, the applicant shall dedicate to
Spokane County the south 10 feet of the advertised property for riqht-of-way
purposes. Further, the applicant shall execute a Tract "X" aqreement for the
north 30 feet of the property for future riqht-of-way for 6th Avenue.
ENTERED THIS~_ j' DAY OF K~.1-, 1981 PURSUANT TQ THE AUTHORITY
, ,
GRANTED UNDER OUNTY CODE,;~~ECTION 4~25.030. ~
THOMAS L. ~1VIS !
ZONINf; ADJUSTOR FOR SPOKANE
COUNTY, WASHINr,TON
ATTE BY:
, C t Z. ~,!2 _ ~
SPOKANE COUNT PLANNING APARTMENT
~ ~ • • . - -
I • ' 13'efore the Zoiiiiiq /ldjustor
County of Spokane
IN THE MATYER OF: HEARIFdG DATE
Applicant: Geurqe H. ;:oeller ) I4EQNESQAY, Oecember 22, 1980 1:15 p.m.
5. 1719 Ai r Park Dr. )
Veradale, WA 99037 } N. 721 JefferSOn, aroadvray Centre 81dg.
j Hearinq Rooni, 2nd floor
File Number: VE-226-80 )
}
° Request: Relaxatian af Frontaqe Require3 Any interested person may appear before
ment ) the Zoning Adjustor
)
)
)
Zone Glassificatian: Agricultural- )
Suburban )
County Code: 4.05.040 )
PRDJECT DESCRIPTION
The Sookane County Zoninq Ordinance requires 65 feet of continuous public road
frontaqe in the AQricultural Suburban zone whereas the application Droposes
locatinq a si;igle family residence on a parcel of land that has 55.6 feet of
frontaoe on a county road.
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ADD I T I ONAL I NFORMAT I ON
Please contact: Spokane County Planning Department Telephone No: 456-2205
VICINITY h1AP LEGFlL DESCRIPTION
4TH AvE. Section 23 To~~~nship 25 Range 44 EW`~
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~C`,;,+ ~~~t•a Parcel 1;: 23542-9105
S.ite Size: 2.06 acres
E 112 ofi W 1I2 af SE 1/4 of StJ 1j4 of NW 1/4
p/ zi ~ ALt" r1; EXC 5 170' of E 110' thereof
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OFFICE OF COUNTY ENGINEER
Spokane County, Washington
TO; Zonipg Adminiatrator
FROHt County Engineerls Office
DiAYBt Decemboc lSch, 1980
VW-222-80 If approvsd: .
Applicant shall execute ctiotica to the public that this proporty
la rerved by a private road. I
VW-221-80 Ii opproved:
Applicant ahall execute notice to the public that this property
is •ervtd by a private road.
CUN -46-$0 No requirementa at thia time.
~-226 -80~ It approvad:
Applicane ahall dedicate 10 feet along 8th Avenue for
roadway purposes.
CIJS-48-80 If approved:
City of Spokane ehould be asked for coameots regarding
access onto Upriver Drive.
OPFIC'r'. UF COUNTY, ENGIN}:ERS
SPOKANE,'WASHINGTON
T0: •'.ONING ADMIPtiISTKATUR
FKOM: COUNTY ENCINEF.RS
DATE; JANL1AEtY 12th, 1981
SUBJECT: KECOMM:NUATIONS
CC-1-80: If approved:
Access to the State Highway and any access to
county roads must be approved by Che agency
with jurisdiction.
CUW-49-80; No conditions at thig time.
VN -222 -80
thru
VN-225-80: If approved:
Applicant shall execute a Tract "X" Agreement
with Spokane County for this easement road.
VE-226-80: If approved:
Applicant shall dedicate the south 10 feet along 8th Avenue
for right oE way purposes. Applicant shall execute a Tract
"X" Agreement with Spokane County for the north SO feet
of the advertised property For future extension of 6th Avenue.
CUE-43-80; Same conditions as previous hearing.
VN-218 If 9pproved:
VN-219 Applicant shall execute 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 restrictions
must apply.
WVE-10-80: Seme conditionti as previous hearing.
!,~:.~,....._..,.~Ir~hi_, _ ' t•
~7
No. 1 . _
NOTI(: E'.I'O THE Pt1BLIC
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KNOW ALL MEN BY THESE PRESENTS, That (~eor~.e !i. r:oeller
llonna Koeller
beina the owners of the followinq described lands in consideration of mutual benefits
to be hereafter derived do for themselves, their heirs, grantees and assiqns, hereby
agree to the following:
Construct a road to serve the lands herein described in accordance with
the adopted County road standards for future public riqht of way Tract X.
Said road will be contained in the following described right of way:
The t7orth 30 f'eet of tne East ilalf' (Ez) of the West Half (Wz) of the
Southeast Qu3rtor (SLy) of' the Southwest Quarter (SW4) of the Northwest
Quarter Mi~-'). in Spokane County, tifashington.
Agree to deliver to Spokane County a properly sianed and executed Right of
Way Deed coverinq said right of way to accommodate a future County Road to
be constructed by a County Road Improvement District in accordance with
approved County Road standards, upon the payment of the market value of the
lands being acquired. This option to remain in effect until the establish-
ment of said County Road.
Join and participate in the formation of a County Road Improvement Dis-
trict (RID) pursuant to RCW 36.88, at such time as a district may be formed
or any Road Improvement Project sanctioned by Spokane County, which involves
the lands herein described. The owners, their heirs, and assigns further
agree not to oppose or protest any legal assessments for said Road Imorove-
ment District (RID) established pursuant to RCW 36.88.
Spokane County has no responsibilitv to build, improve, maintain or other-
wise service the private roads contained within or providinq service to
the lands herein described. By allowing a building permit to be issued on
property on a private road, Spokane County assumes no obliqations for said
private road and the owners hereby acknowled4e that the County has no
obligation of any kind or nature whatsoever to establish, examine, survey,
construct, alter, repair, improve, maintain, provide drainage or snow
removal on a private road.
The conditions and statements apply to the following described property:
23542 - 9105
The East Half (Ez) of tYie l•lest }lalf (W-~) of the Southeast ~uarter (SE:=)
of' the Southwest Qua,rter (SW~;) ot' the Northwest Quarter (NW4); VG~PT
the South 170 feet of the East 110 feet. In Section 23, 'Pownship ~5 North,
Range f4 E.W. M. , in S-pokane County, Washington.
The undersigned owners, their heirs, successors or assigns hereby release Sookane
County, and all its officers, employees and agents from any responsibi'iity or• lia-
bility for any damage whatsoever to the hereinabove described lands and improve,nents
thereon as a result of allowing a buildinq permit to be issued on property +yhich is
served by a private road.
These requirements are and shall run with the 1and and shall be bindinq upon the
owners, their heirs, successors or assigns.
Dated this 'o day of 'ZE 19~
c
X
_ Geor~°e H. Koellgr
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!)onna ?~ot:ll er-'
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'RI GHT OF WAY DEED g 0-2 7 to (~vL 7 3 8' ! 3
IN THE MATTER of 8th Avenue No. 1292KNOWN ALL MEN BY THESE PRESENTS, that Geor gg H. Koeller
and Donna Koeller his wife, of the County of SPokane, in the State of
Washington, in consideration of the benefits and other valuable considerations, and the
sum of one and no/],Q,O - Dollars, paid them by the County of Spokane, the receipt
whereof is hereby acknowledaed, have granted, bargained, sold and conveyed, and by these
presents do grant, bargain, sell and convey unto said Spokane County, the followinq
described parcel of land, situated in Spokane County, in the State of Washington, to-wit:
The South 10 feet of the Eaet Half (EJ) of the West Half (laF~) of the Southeast
Qua.rter (SE-41) of the Southxest Quarter (SW4) of the Northxeat Quarter (NHQ);
EXCEPT the South 170 feet of the East 110 feet thereof.
of Section 23, Township25 North, Ranne 44E.W.M.
TO HAVE AND TO HOLD the same, unto the said Spokane County for the purposes of a nublic
road forever.
IN WITNESS WHEREOF We have hereunto set our hand a and seal s this29 day of ,
19~. .
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_ Donna oeller ~
R/W 1/1/85
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cpngqNE rnWTy ENr,iNEEP +'WTRA!T PP06PESS ESTIMATE PP9•!EC'f M►.1iRE? AtD 429
NQATH 811 LFEFFERSON Rruce - Holyoke - Houston - Helen3 S'fATE COKTRACT NP ~
SPOKANE, LF?5NIN6TON QaYbO Pittsburg - Napa FED AID NO '
ESTI!i4TE N0. 5-Rrtainag# FOR WOPN DQVE TQ 05i31i84 PA6E 1 DATE; 02/25/85
1TEi DESGRIPTIAV lN1TS LN1T PRICE PtAN/REVISED CURRENT 7QTAL TO DATE
N0. Al1ANTITY gUAtff ITYIANOWT 9TY/AMOUMT
SLEAPiN6 ANO 6RUBBING L.S. 5,000.00 1.90 0.90 1;00
0.00 5,000.0n
? RQAMY EXCAVATICN INCLUDIN6 HAOL C.Y, 3.90 9,908,00 0.00 419OB.00
MAdOR . 0.00 3?,E41,T9
?DOE:AST PanaE!L TYPE A EA^N 900.00 ?.On 0,00
n ~n
9.00 ..~n
4 PRECAST PRYWELL TYPE B EACN 925,00 36,00 0.00 37,0C
nyc-►na 9,04 ?4,225.00
5 rONfRETE INLE7 TYPE 1 EA±H 325,00 4.00 0100 S,Op
0.00 1,625.00
: CON!'RETE 1NLET TYPE 2 EACH 325,QP 1.00 0109 2.00
9,09 650.00
7 META_ =RAM: 40 GR?TE ?YPF 1 EACH 214,00 21,00 0.09 24.0@
9.00 5,040.90
B METAL FRAME AND 6RATE TYPE 2 EACH 210.00 21.00 0.00 20,00 ~
9100 4,200.04
9 t1ETAl FRAME OW GPATE IYPE 3 EACN 225,00 1.00 n,nn 0.00
0.00 0.00
10 ADJIJST FRA1E AND. GRRTE EAC1511,00 1.00 0.04 0.00
0.00 0.00
!1 PLplN CONCRE7E CEJLVERT Pi°F 10 INCH DIAHETE? L.F. 19,0!` 214.00 0.00 253.19
9100 4,554,"0
:'c ru!icHFn SURFACING TQP COURSE
WO° 0.00
i? ASFFL4LT CCN"RETE ?AUEMENT C!. R 1NCL PA:"NG ASPHALT ?(N 28.90 5,667.00 0.00 `}:7E.Q0
yA.?PR 0.00 149,58E.40
'4 ryF` N _,Y, 7.8~ 239.0o G~.nC n,rn
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401 .n.~ C,
T-;lanrt .:.c~?131r
P.C.Bcx :1036 ?arkwater St_~
Spokane, idA. 9921:
r APPLICATION/PERMIT ~`°~dLT NUMbEfl
F0 ~'2~~ SPOKANE COUNTY BUILDING CODES DEPARTMENT ~ I
NORTH 811 JEFFERSON 1 SPOKANE, WASHINGTON 99260 /(b09) 456•3675
lf APPLICANT: COMPLETE NUMBERED SPACES - PRESS HARD Ya MAKE 3 GOP{ES ~
JOB ADDRESS ~ I ~i C f G U C
~ ~Yw ~E I.EGAL DESCR4PTION - SEE ATTACHED * ~ C1 t ~
~C PARCEL NUMBER/5
' E Yz a F w Ifz tiF S f Y v oxSu.` I.+ * 9 8 0 C ~
OWNER I PHONE
' 6_~~t Y.G~~2 lAzc}-a44~'i ` ~ •
AD S ZIP Actual Set Backs In Feet (j ~0)
E.14115 0t' AVt 1[~ j ~ 4 ~
I-12~1.a North { 15outh ~D IEast 1V 1West
CONTRACTOR P ONE Slze of Parcel Zone ClassNicatlon
S Arv►E I 2; Z. A11tc.S I ACG. 1Gu3 a2,3 aN 1 ;3
6479
AODRESS I~Ip Type Conit. OtCUPanCy Sprfnkleietl
S1MC. 1 I N-~ ❑Yes ❑No OReq'd. ~
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OESIGNER PHONE Valu n Bulltling Area in SG. Ft.
4 tZ,~~ 4 zti~ {
ADDRE55 ~ Zlp Ma n FtoOr I Uppaf Floors f Garage Area ~ Storage
CHANGE OF USE FROM ~TO Area of Dec s Flnisl+ed IBament Un11n. Basament ~
~
TYPE 56 NEW ❑ ALT, ❑ AD'N. ❑ RPL_ ❑ MVE. ~ ~ N~ 8aths I No. ~ torles I No, ~ooms INo. oi Dweltingsl
~
OF ~J ❑ OTHER ~ - ~ 1 ~ ( ) •
WORK IYJ BLD. ❑ PLMB. ❑ MECH. ❑ M.H. ❑ POOL CER7IFICATE I Req'tl. I Rec'tl. ~NOt~eq'tl.I TRA~T X
of~~~APTt~f! ~ ~3 ~
DESCRIBE WORK
Enum. Dls . ~ ocation (Area) I FEESCOLLECTED
17. ETWc:I-1~(~ ~ AQi'-~LiC LUISI.RC3 . ~
- '
i VqLUATIONI SOURCE I GAS ELECTRIC WATER SEWER
y I OF I ~ I I Ownetshlp ~I USE COOE '
(Q,~ iUTILITIESt 4 4C=E~ TI C. Pvb14c ❑ vrivace
Single $
hereby certify that I have read and examined this application and have read the NOTICE" provisions included
i reverse side, and know tfie same to be true and correct. Atl provisions of laws and ordinances governing this Building qb.UC ~
pe of work will be complied with whether specified herein or not. The granting of a permit does not presume
give authosity to violate or canceV the provisions of any other state or focal 1aw regulating construction or the
•rformance of construction. SEE REVERSE SIDE FOR REQUIRED INSPECTIONS Plumbing
>TE OF APPUCATION 45"/~ ~5nl SIGNATURE OF APPLICANTz+&-,~ Mech.
SPECIAL APPROVALS I SPECIAL CONDITIONS:
NAME OATE ~D Plan Check
~ SEPA a
nnrnq I - C
e naarsnaii ~ Mobile Home ~
4
Engineer Other ($peCify)
N 1~ ~FL►(1 E ~
r ies I
4 ToYAL sa8.00
ns Exammer
2 5-/6 WHEN MACHINE VAtIDATED !N T1i15 SPACE,
~A Checkllst THIS BECOMES A PERMIT.
. ,
- ln ecn~cian PERMIT IS NONTRANSFERABLE 8~~ 44 6, 1 z * 9~. ~ 0 a F
L
PERMIS EXPIRES ONE YEAR FROM DATE OP fS5l1ANCE DATE 1SSUED PERMIT NO. rC, r,1~,.
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