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VE-150-80 I 1 _ . ~ I Ar said tiine and place any interested person wa~ Jpp~ar for, or against, the granting of I this application. ~ ~ SPOKANE COUNTY PLANNIfJ.r, OEPARTMENT ~ ZONINr, ADJUSTOR HEARING TELEPHONE N0: 456-2274 ~ TIME: 4Jednesday, September 3, 1980 1:15 p.m. ~ PLACE: N. 721 Jefferson, Broadway Centre Bldg Conf erence Room, 2nd floo•r VARIANCE VE-150-80, Relaxation of Frontage Requirement a. Location: Section 7, Township 25, Range 45 EWM Ptn of Block W Beg at a point 160.5 ft. N of the SE cor of Block W, then N 189.5 ft. then SW 146.2 ft. on a line between the NW & the NE corners, then S 131.5 ft. parallel to the east line, then east 135.75 ft. to point of beginning. Parcel #T: 07552-0407 b. Applicant: G'en A. MacPhee 17609 E. Montgomery Greenacres, WA 99016 ' c. Proposed Use: Single family residence ~ d. Site 5ize: . 1/2 acre I ~ e. Existing Zbne: Agricultural _f. Variarice Requested: Applicant proposes easement access to pro- perty whereas the Spokane County Zoning Ordinance requires 100 ft. of continuous public road frontage in this zone. g. Application of Zoning Ordinance: 4.04.040 1 ~ l ~ ; I . . w ' . t OFF'ICE OF COUNTY ENGINEER okane County, Washington 'LONING ADJUSTOR FFtOM: Bob Brueggeman. Engineer's Office SUBJECT: County Eagineer's Recosomendatioas TIATE: August 26, 1980 CUN-28-80 If approved: Applicant shall sgree to participate in any future RID involving applicant's property. VPt-148-80 If epproved: Applican[ shall agree to participate ia any future RID involving applicant's property. VE -151-80 WVE -8-84 No requirements at this time. VW -149-80 CUW-32-80 If approved: Applicant shall agree to participate in any future RIA or CItP iavolving applicant's propertq. CUN-31-80 If approved: Applicant shall agree to participate in any future RID or CRP iavolviag applicant's property. VE -170 -$0 I f approved : A groand-level siga should be back 10 feet from curb line to iasure a clear sight distance for the motoriag public. If hovever the bottom of the sign is 7 feet or more above the ground thee the original propoeal of the applicant's would be scceptable. VE-150 -80 If approved: Applicaat ahall agree to participate in aay future RZD involving nnnl~canr's pronerty. , '.~Knwt 1c r . , ~ ~ ` . ~ i ~ .l c, • ~ .5 ~ - ya,.i'~ f ~ ti; • , ~ f - , ~ i l ) .S .'i l• (J G iI !--~.~/d ~ -~z._ ~ ~r (`r~ . ; . , ~ Y I ' ;.i l~•i i~• r; 1 ll BEFORE THE ZONING ADJUSTOR OF SPOKANE COUNTY, WASHINGTON IN THE MATTER OF: APPLICANT: Glen A. MacPhee REQUEST: Relaxation of Frontage Requirement ) COUNTY CODE: 4.04.040 DECISION OF:DENIAL CONCLUSION OF LAW FINDINGS OF FACT FILE NUMBER: VE-150-80 PAFCEL #: 07552-0407 DATE OF HEARING: September 3, 1980 DATE OF DECISION: September 17, 1980 BASIS FOR CONSIDERATION 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 coming before him. After conducting a public hearing to receive all public testimony and after review- ing the public record, examining available information, and visiting the pro- perty and surrounding area, the Zoning Adjustor in accordance with Chapter 36.70.810 Revised Code of Washington, and Section 4.25.030 of the County Zoning Ordinance, hereby makes the following: DECISION TO DENY THE APPLICANT`S REQUEST TO ESTABLISH A BUILDING LOT NOT HAVING FRONTAGE ON A COUNTY MAINTAINED ROAD. CONCLUSION OF LAW 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. II. That the applicant'submitted an application to the Planning Department re- questing a public hearing before the Zoning Adjustor, and that pursuant to Chapter 36.70.840 and Section 4.25.040 of the Zoning Ordinance, notice for a public hearing was given through the United States mail to all property owners within a radius of 300 feet from the subject property. That all citizens and public agencies having jurisdiction notified were afforded the opportunity to testify or submit written comments on the proposed project. IV. That pursuant to the above cited provisions of law, Findings of Fact here- inabove substantiates approval of the application and issuance of a building permit for the project. V. Any Finding of Fact hereinafter stated which is deemed to be a Conclusion of Law is adopted as the same. From the Conclusions of Law the Zoning Adjustor hereby enters these: PAGE 2 FINDINGS OF FACT That the applicant filed an application with the Spokane County Planning Department on August 7, 1980 in conjunction with a proposed single family residence to'be constructed on a site consisting of 1/2 acre in size located northwest of Greenacres in Section 7, Township 25, Range 45. II. That this action was taken after finding that the public health, safety, and general welfare will not be infringed upon. That furthermore, this action conforms to the intent of the Zoning Ordinance and general comprehensive plan adopted by Spokane County for the review and rendering of decisions for variance applications. That all matters before the Zoning Adjustor are reviewed by agencies of jurisdiction with the following agencies submitting recommendations to the Zoning Adjustor for consideration: SPOKANE COUNTY ENGINEER'S OFFICE: In a memo dated August 26, 1980 had re- commended if approved, that the applicant shall agree to participate in any future road improvement district involving the applicant's property. SPOKANE COUNTY UTILITIES DEPARTMENT: In a memo dated August 28, 1980 had re- commended that water service be coordianted with Consolidated Irrigation Dist- rict in accordance with the Coordinated Water System Plan for Spokane County, and that the applicant shall agree to participate in any future local utility improvement district to provide central sewerage service to the property. SPOKANE COUNTY HEALTH DISTRICT: In a memo dated August 27, 1980 it was found that this project is over the Spokane Aquifer Sensitive Area and within the critical water supply service area of Consolidated Irrigation District. Also ground water resources appear adequate to support development at this density. The District recommended to the Zoning Adjustor that approval of the appli- cant's project be subject to the issuance of a permit by the Health Officer. That a private on -site well to service the subject property will not be author- ized. That the lot is not of the proper dimensions to permit the use of both an individual well and sewage system. SPOKANE COUNTY PLANNING DEPARTMENT: The staff presented the applicant's file noting the nature of the applicant's request. That the subject property is located within Plat A of Greenacres Irrigation District, a recorded subdivis- ion. That the applicant's ownership contains three tax segregated parcels within Block W of said plat. That segregations were recorded by the Assessor's Office on October 6, 1978. IV. That from review of the Planning Department files a Certificate of Exemp- tion was issued to the applicant on May 1, 1978 under the Short Plat Exemption number 3.3i (refer to file number CE-0281-78). Section 3.3i provides that the Short Plat Ordinance shall not apply to "The reconveyance of old lots, tracts, or parcels of land which were separate and distinct when purchased, although the purchase thereof makes the division contiguous." The effective date of the Short Plat Ordinance is March 19, 1978. V. The applicant's land was segregated into two separate parcels prior to March 19, 1978. VI. That both segregated parcels were in compliance with all zoning regulations including road frontage. VII. That a building permit (No. 6174) was issued for tax parcel 07552-0403 on May 9, 1978. PAGE 3 VIII. That on October 6, 1978, tax parcel 07552-0403 was segregated into two separate parcels referred to as 07552-0406 and 07552-0407. That parcel 0406 contains a single family residence constructed on a separate and distinct par- cel under building permit number 6174 and Certificate of Exemption No. CE-0281- 78. IX. That on September 26, 1978, a Superior Court decision for the County of Spokane was issued prohibiting short platting within recorded plats. X. It is the Zoning Adjustor's findings that the applicant does not have three distinct lots for which a building permit could be obtained for parcel 07552-0407. XI. That tax parcel 0406 was created without road frontage thus resulting in a lot not in compliance with the provisions of the zoning ordinance. XII . To approve this request would be an act not in compliance with State and local subdivision laws (refer to Chapter 58.17 RCW and Spokane County Subdivision Ordinance). XIII. That under the State and County laws governing the issuance of variances, the Zoning Adjustor found that the applicant does not have any special circum- stances applicable such as size, shape, topography, location and surroundings where the zoning ordinance is depriving the subject property of rights and privileges enjoyed by other properties in the vicinity. XIV. That to issue a variance would constitute a granting of a special privilege inconsistent with the limitations placed upon other properties in the vicinity. XV. It i.s found that the applicant is not being deprived of the permitted uses of his property as stated under the provisions of the agricultural zone classi- fication. There are two single family residences located on the subject property. XVI. That under the Spokane County Subdivisions Ordinance the applicant does have the right to make application to replat his property. XV I I. The opportunity was afforded at the hearing to any interested person to testify regarding the applicant's proposal. Testimony was received in opposition by an area property owner citing concerns over lot size and establishing a density precedent whereby other similar divisions would be made. XVIII. From Findings and Conclusions hereinabove stated, this action is final unless appealed within ten (10) days of the date of this decision. ORDERED THIS// -day of c 7?-7%i , 1980. /'/777..r n / 1/r,'%?%ri,-2 ZONING ADJUSTOR''FOR SPOKANE COUNTY, WASHINGTON ATTEST. BY: QZccdlJ/2&te/a_) Spokane County Planning Dept.