CUE-13-85
ZONING ADJUSTOR
SPOKANE COUNTY, WASHIN6TON
IN THE MATTER OF A CONDITIONAL USE PERMIT ) FINDINGS OF FACT,
FOR A TEMPORARY MANUFACTURED HOME FOR A ) CONCLUSIONS, DECISION AND
DEPENDENT RELATIVE. (CUE-13-85); MARSONNETTE ) CONDITIONS OF APPROVAL
THIS MATTER, Being the consideration by the Zoning Adjustor of Spokane
County, in heariag application CUE-13-85, hereinafter referred to as the
"Proposal", and Che Zoning Adjuator of Spokane Countq having held a public
hearing on July 10, 1985 and having fully considered all testimony presented
thereat and having rendered a verbal decision on the lOth day of July, 1985,
APPROVING the proposal, makes the following:
FINDINGS OF FACT
1. That the proposal is generally located on the southwest corner of
Tachirley Road and Euclid Avenue in Section 7, Township 25, Range 45 aad is
further deacribed as Assessors Parcel p07552-0303, being more specifically
described in documents contained within Zoning Adjustor file CUE-13-85.
2. That the proposal conaists of temporarily locating a manufactured
home for a dependent relative, Edith Gladya Arnold, on the site currently
occupied by her only daughter and family and that the location is as shown on
the approved site plan contained within the file.
3. That the adopted 9pokane County Future Land Use Plan designates the
area of the proposal as iJRBAN.
4. That the site is zoned Agricultural which would allow the proposed
use upon approval of this application.
5. That the existing land uses in the area of the proposal iaclude
farming, industry, mining and acreage tracts all of which, due to their
relative locations, are compatible with the proposal.
6. That the eite is affected by the Aquifer Sensitive Area Overlay Zone,
being locating within the Priority Sewer Service Area; but is not subject to
any restrictions regarding a minimum of 5 acres per dwelling unit due to the
temporary nature of the dwelling unit.
7. That the applicant proposes to provide driveway accesa to Euclid
Avenue and not to the flanking street, Tschirely Road.
8. That the proposal is exempt from the provisions of Chapter 43.21C RCW
pursuant to WAC 197-11-800 (1) (c) (i) and Spokane Environmental Ordinance
11.10.070 (1) (a).
9. That the proposed site plaa indicates that aetbacks, parking, height
of the structure(s) will conform to the Spokane County Zoning Ordinance.
10. That the applicant(s) has been made aware of the recammendations of
varioua County/State agencies reviewing this project and has indicated she can
comply with those recommendations.
11. That the applicant has indicated she understood: (a) the limitations
imposed under the terms of Section 4.24.560 of the Spokane County Zoniag
Ordinance; (b) that if the temporary residence is deaired for more tha❑ one
year the application will have to be renewed; and (c) that a Title Notice will
be filed by Spokane County with the Auditor's Office regarding temporary
occupancy only by specific named parties.
12. That the applicant has submitted the required letter f rom a licensed
physician regarding the need for dependent care and sufficient need is found
to exiat.
FINDINGS OF FACT, CONCLUSIONS, DECISION AND CONDITIONS OF APPROVAL
FILE CUE-13-85 PAGE 2
13. That no one appeared to oppose the proposal nor were any written
commenta adverse to the proposal received.
14. That the proper legal requirements for advertising of the hearing
before the Zoning Adjustor of Spokane County have been met.
From the Findings of Fact, the Zoning Adjustor comes to these:
CONCLUSIONS
1. The proposal is not detrimental to and is compatible with the public
health, safety and welfare.
2. The proposal is listed in the Spokaae County Zoning Ordinance as a
conditional use allowed in the Agricultural zone and the proposal does meet
the established and applicable criteria described for that conditional use.
3. Various performance standards and criteria are additionally needed to
make the use compatible with other permitted activities in the same vicinity
and zone and to insure against imposing excessive demands upon public
utilities and these shall be addressed as conditions of approval.
4. The proposal will not be detrimental to the Compreheasive Plan or the
surrounding propertiea.
DECISION
From the foregoing Findings of Fact and Conclusions, the Zoning Adjustor
APPROVES the proposal. The following CONDITONS OF APPROVAL are atipulated.
CONDITIONS OF APPROVAL
I. GENERAL
1. The following conditions shall apply to the applicant, owner and
successors in intereat.
II. PLANNING DEPARTMENT
1. The manufactured home shall be; (a) a minimum of thirty-five (35) feet or
more in length and be at least eight (8) feet ia width; (b) constructed in
accordance with State of Washington or Federal manufactured home
conatruction standards as evidenced by the attachment of an insignia; (c)
designed for transportation after fabrication on public streets and
highwaya on its own chassis and wheels; (d) skirted with a fire resistant
material; (e) connected to electric power, water supply and sewage
disposal facilities and other utilities as appropriate or necessary; and
(f) the unit shall not be permanently affixed to the land, except for
temporary connections to utilties.
2. The manufactured home shall be occupied by either the dependent relative
and family, or by the relative with family providing care to the dependent
relative owning and occupying the principal residence.
3. Upon termination of the need for dependent relative care or the sale or
lease of the property, the applicant shall remove the manufactured home
f rom the site within forty-five (45) days.
4. A statement (Title Notice) shall be recorded by the Planning Department in
the County Auditor's Office stating that the manufactured home is
temporary and for the use of the named dependent relative(s) for which the
Conditional Use Permit is approved and that the manufactured home is not a
permanent structure to be transferred with the property if it is sold or
leased.
FINDINGS OF FACT, CONCLUSIONS, DECISION AND CONDITIONS OF APPROVAL
FILE CUE-13-85 PAGE 3
5. The temporary residence ahall be "accessory" only to a parcel or tract of
land under the ownership or lease by the applicant for the Conditional Use
Permit.
6. Only one temporary residence may be permitted on a lot, parcel or tract of
land under the oWnership or lease by the applicant for the Conditional Use
Pe rmi t .
7. The permit shall be granted for a period of one year and may be renewed
administratively by the Zoning Adjustor and/or his/her designee upon the
recertification: (a) by a licensed physician that the medical problem
atill requires care of person or property; and (b) by the original
applicant that the need atill exists.
8. The renewal period shall be the first day of the month occurring after 12
entire months pass since the date of this decision.
9. If the Zoning Adjustor believes there are extenuating circumstances
associated with the renewal of the permit, he/she may cause there to be a
public hearing and reconsideration of the permit; the expense shall be
that of the county's if such recoasideration takea place.
10. Minimum lot size and froatage requirements for the zone in which the
proposal is located shall apply to all applications; however, it is not
the intent here to require a double lot size or a double frontage standard
simply because of an additional and temporary dwelling unit being located
on the parcel.
11. If the Zoning Adjustor°believea there are extenuatin circumstances
associated with the renewal of the permit, he/ehe inay cause there to be a
public hearing aad reconsideration of the permit; the expense shall be
that of the countq's if such reconsideration takes place.
III. DEPARTMENT OF BUILDING 6 SAFETY
1. All mobile homea require permits as per Section 3.09.010 of Title 3,
Spokaae County Code, shall be located as per the approved site plan on
file in the Planning Department and the site plan may only be altered by
the Zoning Adjuator or his/her representative.
IV. UTILITIES DEPARTMENT
1. Pursuant to the Board of County Commisaioners Resolution No. 80-0418, the
use of on-site eewer diaposal syatems ie hereby authorized. Thie
authorization is conditioned on compliance with all rules and regulations
of the Spokane County Health District and is further conditioned and
subject to specific application approval and issuance of permits by the
Health Officer.
2. The owner(s) or succeasor(s) in Interest agree to authorize the County to
place their name(s) on a petition for the formation of a ULID by petition
method pursuant to RCW 36.94 which the petition includes the Owner(s)
property and further not to object by the signing of a protest petition
against the formation of a ULID by reaolution method pursuant to RCW
Chapter 36.94 which includea the Owner(s) property. PROVIDED, this
condition ahall not prohibit the Owner(s) or Successor(s) from ob,jection
to any assessment(s) on the property as a result of improvements called
for in conjunction with the formation of a ULID by either petition or
reaolution method under RCW Chapter 36.94.
3. Any water service for this project shall be provided in accordance with
the Coordinated Water System Plan for Spokane County, as amended.
FINDINGS OF FACT, CONCLUSIONS, DECISION AND CONDITIONS OF APPROVAL
FILE CUE-13-85 PAGE 4
V. IiEALTH DISTRICT
1. Sub3ect to specific application approval and issuance of permits by the
Health Officer, the use of an individual on-site sewage system may be
suthorized.
2. Use of private wells and water systems is prohibited.
3. Water service shall be by an existing public water supply when approved by
the Regional Engineer (Spokane), State Department of Social and Health
Services.
VI. ENGINEER'S OFFICE
1. If access to the proposed mobile home will be from Tschirely Road, the
applicant shall sign and record Spokane County Notice to the Public No. 4.
DATED TfiIS DAY OF July, 1985.
~ G. S , AICP,
ZONING ADJUST SPOKANE COUNTY,
WASHINGTON
FILED:
1) Applicant
2) Parties of itecord
3) Spokane County Engineers Office
4) Spokane Countq Dept. of Building 6 Safety
5) Spokane County Health District
6) Spolcane County Utilities Department
NOTE: ANY PARTY AGGRIEVED BY TSIS DECISION MUST FILE AN APPEAL WITHIN TEN
(10) CALENDAR DAYS OF THIS DATE.
0026z/7-85
OFF'YCE OF COUNTY ENGINEER
SPOKANE COUNTY, WASHINGTON
DotP July 2 19 85
Inter-office Communication
Spokane County 'Loning Adjustor
~U.
f.om Robert S. 'Curner, P.E., Spokane County Engineer ~01
Subjei-► Agenda Items Scheduled for Public HearinQ 7-10-85
1. CUS 12-85 Blackburn - Should another driveway approach to the County Boad System be
necessary for the pcoposed dwelling, the applicant must obtain an approach permit
from the County Engineer. We have no other comments to make concerning this
application.
2. VN 57-85 Hagen - See attached comments.
3. CUE 13-85 Marsonette - This property is bordered on the east by Tschirley Road
which is a non-established, non-maintained public road right-of-way. The width oE
the right-of-way is 30 feet. If access to the proposed mobile home will be from
Tschirley Road, the applicant shall sign and record Spokane County Notice to the
Public Number Four. This document acknowledges that Tschirley is a non-maintained,
public road right-of-way, that Spokane County will not maintain the road until such
time as the road is improved to Spokane County atandards, and that the applicant
agrees to deed the necessary right-of-way and join in a County Road Improvement
District or County Road Project which would be created for the purpose of improving
Tschirley Road. This document will he prepared for signature and recorded with the
County Auditor by the County Engineer.
4. VE 67-85 ,lames Degon - See attached comments.
5. VS 60-85 Williams - The easement which providea access to the property does not
comply with Spokane County standards for private roads. These road standards
require a minimum easement width of 40 fee[ prior to release of a building permit.
T'tie applicant should be required to demonstrate that he has legal access to the
property via an easement which is in compliance with Spokane County road standards.
Also see attached standard comments.
6. VE 64-85 Wil Hal Inv Co. - No commenta concerning this application.
BMc/set
SPOKANE COUNTY ZONING AOJUSTOR - PUBLIC HEARING
AGENDA: JULY 10, 1985
TIME: 1:15 P.M.
PLACE: Spokane County Plarining Dept. , N. 721 Jefferson St. , 2nd floor hearing room
3. CUE-13-85 TEMPORARY MANUFACTt1RED HOME FOR flEPENDEiVT RELATIVE
Gene rally located on the southwest co rner of
Tshirley Rd. and Euclid Avenue in Section 7-25-45.
PROPOSAL: To allow a temporary manufactu red
home for a dependent rel atti ve ta be
located on the site. Section 4.04.040
jj. and 4.24.560 of the Spokane
County Zoning 0 rdinance allows such
a use in the Agricultural zone with
the grantir►g af a conditional use
pe rmi t.
SITE SIZE: 56,250 sq. ft. (approx.)
APPLICANT: 5haron Marsoriette
4, yE_57_85 RELAXAT IQH OF FRONTAGE REQU I REMEN7
Generally located north of Upriver Drive in
Section 2-25-43.
PROPOSAL: 7o allow an existing single family
residence to be located on a parcel
of land having no county road
frantage, whereas Section 4.05.040
of the Spokane County Zoning
0 rdinance requires 55 feet of con-
tinuous public road frontage in the
Agricultural Suburban Zone. Access
is ptro posed by means of a 40 foot
wide easement road extending
northerly to the site from llpriver
Dri ve.
SITE SZZE: 15.5 acres
APPLICANT: James DeGon
5. V5-60-85 RELAXATIQN 4F ~RO~ITAGE 4tEQ~I4~~ME5oad T
Gerierally loca ed west of edar and north
of Taylor Road in Section 13-24-42.
PROPOSAL: To allow a single family residence to
be located on a parcel of land having
no county road fmntage, whereas
Section 4.04.040 of the Spokane
County Zoning Ordinance requi res 100
feet of continuous public road
frontage in the Agricultural Zone.
Access is proposed by means of a 36.5
, faot wide easement raad extending
~ northerly to the site from Taylor Rd.
~ SITE SIZE: 7.26 acres
~ APPLICAN7: Michael Williams
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SPOKANE COUNTY PLANNING DEpARTMENT
APPLYCATIONS BEFORE TNE ZONING ADJUSTOR/BOARD OF ADIUSTMENT
G11r
Certificate of Exerrption Application -
Name of ApQljcant: /YI A'12s~ 1✓~ TT`~ r' cS 7-.
Street Address: ='_l~C L i U '
City: f,P0, t State: l,v f3 Zip Code: Phone N0. : 9~2 F-b
Name of Prope rty Owne r(s ):22Zal, jl1jv 4- S~7,~-n Or ~~..t' , -~_n h i n? _
REQUESTED ACTION(S) (Circle m iate Action):
Yariance(s) 'Conditional Use Pe 't Non-Conforming Lot/Use
0 the r:
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* FOR STAFF USE ONLY *
* s4 0
, a5lQv *
*Cite Ordinance Section: ~_e~Q~ 17Q r; .-x~, i1 Code: v New Code: i
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*Section ~ Township o?S Range 41-S Pro pert Size:
*Existing Zoning: 1~f7_ F.L.U.P. Designation:
*
*
*PSSA: 0 H UTA: 0 N ASA: Y N FIRE DIST. LEGAL CHECKED BY: -7'57e;t,~
*Hearing Date: S~LY lo , 198s -44'3 Receipt
Existing Use of Property:
Describe Intended Proposal : Q A,.~,,
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Street Address of Property:
Legal Oescription of Property (Include easement if applicable): 14,1 1--,qRA✓\
TRR. i~ rL ~~~o c/ 6 s F7 ~F PT,v sejF
1= rJ t~. i ra P n ie7,-Iq
Sf ~KA c~ CO C/ N ry
Parcel -r) I n3 Source of Legal: ASSESSoRS
Total arrount of adjoining land controlled by this owner/sponsor: 11/4
What interest do you hold in the property: ~V,)nfEK.
Please list previous Planning Department actions involving this property:
I SWEAR, UNDER THE PENAL7Y OF PERJURY, THAT: (1) I AM THE OWNER OF RECORD OR AUTHORI-
ZED AGENT FOR TNE PROPOSED SITE; (2) IF NOT THE OWNER, WRITTEN PERMISSION FROM SAID
OWNER AUTHORIZING MY ACTIONS ON HIS/HER BEHALF IS ATTACHED; AND (3) ALL OF THE ABOYE
RESPONSES AND THOSE ON SUPPORTING DOCUMENTS ARE MADE TRUTHFULLY AND TO THE BEST OF
MY KNOWLEDGE.
Signed: cc~c
Address : t: 17 V/ o
Phone No. : te.
NOTARY SEAI.. Notary Vti rl-l _-~~L 1~_ kX-
Date:
A. "hW CES
1. In vi of the above information, what special circumstances (beyond your
cantrol o ction) depri ve you of the same general ri ghts and pri vileges of
other propert ners within the sarre zone and vicinity?
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2. If the variance were granted, how would i fect neighboring properties or
i rrQ rovemen ts?
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B. PDITIONAL USIE_'i ZERO LOT LINE, NON-CONFORMING USE, TEMPORARY PERMITS, ETC.
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1. Please give a conci5e explanation of the proposal including size, hours af
operation, expected traffic and other features, etc.
Y D-Q'' NaBl1 e"~o)v1C A/Gr-
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C. WAlyt*..ut YIOLATIQN
1. How or why s the structure established outside the provisions of the Spokane
County Zoning dinance?
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D. SIGlV-OFF BY C4UNTY DEPARTMEfVTS ~
~ COUNTY NEALTN DISTRICT
A preliminary consultation has been held to discuss the proposal. The appli-
cant has been info d of requirerrents and standards.
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(Si gna u Date (Sigri-off Waved)
~2. COUNTY ENGINEER' S DEPARTMENT ~ ~l -;'e" v~ e~C~slw~ ~ue
A preliminary consultation has been held`lo discuss the pmposal. fhe appli-
cant has been informed of requi rements and standards,
Agn ~
a ureDate (Sign-off Waived)
~ COUNTY UTILITIES OEPARTMENT
A prel iminary consultation has been hel d to discuss the proposal. The appl i-
t hns been ' rmed of requi rements and standards.
S gnature kDate) ~Sign-ott waivea)
. r~ WATER PURVEYOR (if applicable) Name: f7~(15a~,~G~ ~r.
a The~posal Qis not located within the boundary of our service area.
b~ We are not ab~le to ser his site with adequate water.
c) tisfactory arrangemenhave not been made to serve this pmposal.
5igna ure)) (Date) (Sign-off_~ ai ved)
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