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HomeMy WebLinkAbout1984, 07-26 Code Violation InvestigationRILDING/SAFETY CODE VIOLATION IN 400REss /9 -?03 eag--v TYPE: Mobile Home NATURE: Dependent Relative Permit CODE .SECTION: etc OL'NER : Linda Utecht ONR . ADDRESS : ARCEL.No: 17552-014341 INVESTIGATOR: (RESOLVED BY: PROSECUTOR COURT ORDER: VESTIGATIO FILE.NO: DATE.RECE1VED: 7/26/84 DATE .RESOLVED: /-2(.-C% ZIP: %7a/ SIZE: ZONE : Agricultural COMP PLAN LAST. HSPECT . DATE DEAD: COMPLIANCE: SUHHARY.REMARKS1: ,491/M. L„--z-c--Ky;)16,c_k 21,"V SUXMARY.REMARKS2: SUMMARY.REMARKS3 / e — PLAN NUMBER APPLICATION/PERMIT SPOKANE COUNTY — BUILDING CODES DEPARTMENT NORTH 811 JEFFERSON / SPOKANE, WASHINGTON 99260 / (509) 456-3675 JOB ADDRESS LOT 2. APPLICANT: COMPLETE NUMBERED SPACES - PRESS HARD TO MAKE 4 COPIES e.ociKt? SUBDITIISIONICoNE- OWNER 3 LINDA S'L{ SAN CARy ADDRESS ZIP 199.02. t—_ N75/ ON CR6:1901, CONTRACTOR PHONE 92.4- 7794 - 4. ADDRESS DESIGNER 5. ADDRESS 6. CHANGE OF USE FROM T PHONE ZIP PHONE ZIP LEGAL DESCRIPTION - SEE ATTACHED PARCEL NUMBER/S 17552— 0137 P441 jJ , i ALL LOT 27 , 1 J . /? F LOT' 2.151 [3LocIL 1 Gc12$I/r1 ADDrTIcN To >2 N A< -R E -S Required Set Backs In 'Feet North f 31 'south 50 Size of Parcel /191x ❑5 ' Type Const. East 32, 'West Occupancy 2-3 Valuation ti DWL Area Basement Area 1876 Spilt Entry Zone Classification ni Ac P. C A -cu RA -L - g. —3 A -L._ Sprinklered ❑Yes V;Ko ❑ Req'd. Building Area in Sq. Ft. /87C, Garage Area Storage Split Level TYPE 7. OF WORK ❑ ALT. ❑ AD N. ❑,, RPL. ❑ BLD. 0 PLMB. ❑ MECH: ICA.H. DESCRIBE WORK MVE. Ei POOL 0 OTHER No. Baths No. Floors / Rancher MO$ILE HoH. 00m5 Rec. Room CERTIFICATE of EXEMPTION 8. M02iLE- 1-1-o mf- u.SF D A.S G 9,VALUATIONO Source GAS ELECTRIC WATER SEWER 1./1)/ On() �Y Utilities sEPTI C I hereby certify that I have read and examined this application and have read the "NOTICE" provisions included on reverse side, and know the same to be true and correct. All provisions of laws and ordinances governing this type of work will be complied with whether specified herein or not. The granting of a permit does not presume to give authority to violate or cancel the provisions of any other state or local law regulating construction or the performance of construction. DATE !)e_71 /y /f7 DEPT. SIGNATURE SPECIAL APPROVALS I SPECIAL CONDITIONS: REQ'D. REC'D. Env. Health 7--(.c./ t .61G-, ' - Planning r Fire Marshall Co. Engineer Utilities Zone Clearance SEPA Checklist Cf, Ex6�7- r,t) De),1 wiry k finer tl 7- NcLe 2CHAS'e & A R _ /? hJ7_ k)/TN 5 7'o /<, COc(N'/ tCh ✓pie✓ /VIA) 40 /1 0 w3 /OA (19 MAIL pEgMi-( °WNFP- WJ+ I READY Req'd Rec'd. Not Req'd. FEES COLLECTED Single Building Plumbing Mech. Plan Check EPA oo Mobile Home /00 - Other (Specify) TOTAL $ (`1 DI( 6) PERMIT NUMBER 79-52 / DATE ce`Li'-7 `j 07* *10000 *10000 *10000 6 *000 5082i 1 001 -79 2 6479 WHEN MACHINE VALIDATED IN THIS SPACE, THIS BECOMES A PERMIT. 1 f -;n31-79 57'd1 5nnn9 October 24, 1984 Linda Utecht E. 19203 Boone Greenacres, WA 99016 Dear Ms. Utecht: Spokane County department of building & safety JAMES L. MANSON, DIRECTOR Laws and regulations in our society are, at times, difficult to understand and fully comprehend. This is true of zoning ordinances, which are laws intended to protect and govern the many different uses of land in Spokane County. It is my responsibility, as the Zoning Investigator, when the situation arises, to help resolve conflicts involving the Spokane County Zoning Ordinance. The Spokane County Planning Department has notified this office that you have failed to respond to their notice that your permit # CUE -41- 80 for a temporary residence for a dependent relative has expired and that an application for renewal has not been received by the Planning Department. The terms of your conditional use permit requires that you shall renew your permit every year from the date of the permit upon the recertification by a licensed physician that the medical problem still requires care of person or property. your permit further states that upon the termination of the need for care or the sale or lease of the property, the mobile home shall be removed from the property within forty-five (45) days. A recent visival inspection of your property located at E. 19203 Boone, Spokane County Parcel number 17552-0144, indicated that the accessory mobile home is still being occupied. It is the intent of this letter to advise you of an apparent zoning violation and to request compliance within a suitable time frame. Accordingly, we are of the opinion that since you have now been informed of the requirements of the Spokane County Zoning Ordinance, a period of 14 days, beginning with your receipt of this letter, should be sufficient time in which to bring your property into compliance by contacting the Spokane County Planning Department to renew your permit. If on the other hand, you no longer have a need for care, then you are being directed to remove the mobile home within forty-five (45) days as required by your permit. NORTH 811 IEFFERSON • SPOKANE, WASHINGTON 99260.0050 TELEPHONE (509) 456-5675 Second Page Do not hesitate to act upon this important matter, since a violation of the Spokane County Zoning Ordinance is a misdemeanor and does carry a penalty. If these matters are not taken care of by exercising one of the two options noted above within the mentioned time period, we will be unable to grant any further extensions of time and will have no choice but to forward this case to the Spokane County Prosecuting Attorney's Office for appropriate legal action without further notice. A violation of the Spokane County Zoning Ordinance is a criminal offense and does carry a penalty of, "... imprisonment in the County Jail for a maximum term fixed by the court of not more than ninety (90) days or by a fine in an amount fixed by the court of not more than one thousand dollars ($1,000), or both such imprisonment and fine." Please be advised that this is not a matter that will go away if ignored. I am sure it is important to you, as it is to me, that we resolve this situation quickly. Sincerely, DEPARTMENT OF BUILDING AND SAFETY \,awe cA., Thomas L. Davis Zoning Investigator TLD/ddl cc: Spokane County Planning Department Affidavit of Mailing on file AFFIDAVIT OF MAILING State of Washington ) ) ss. County of Spokane ) THOMAS L. DAVIS, Zoning Investigator for the County of Spokane at the Department of Building and Safety, being first duly sworn on oath, deposes and says: That I am a citizen of the United States of America and a resident of the State of Washington over the age of 18 years. I personally mailed to Linda Utecht at E. 19203 Boone, Greenacres, WA 99016 a notice of code violation (a copy of which is attached hereto). This NOTICE OF CODE VIOLATION, with sufficient prepaid postage was mailed on October 24, 1984, from Post Office Branch of the Spokane County Courthouse in Spokane, Washington. SUBSCRIBED AND SWORN TO before me this cx L/T4 day of Notary Public innd for the State of Washington, residing at Spokane BEFORE THE ZONING ADJUSTOR OF SPOKANE COUNTY, WASHINGTON IN THE MATTER OF: APPLICANT: Linda Utecht REQUEST: Mobile Home For Dependent Relative COUNTY CODE: 4.04.170 ,jj and 4.24.560 FILE NUMBER: PARCEL #: DATE OF HEARING: DATE OF DECISION: DECISION CONCLUSION OF LAW FINDINGS OF FACT CUE -41-80 17552-0143 November 12, 1980 November 20, 1980 BASIS FOR ACCEPTANCE 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 con- , 4ducting a public hearing to receive all public testimony and after reviewing 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 4.25.030 of the County Zoning Ordinance, hereby makes the following: DECISION TO APPROVE THE APPLICANT'S REQUEST FOR A CONDITIONAL USE PERMIT TO ALLOW A MOBILE HOME AS A TEMPORARY RESIDENCE FOR A DEPENDENT RELATIVE. THIS PERMIT SHALL BE GRANTED FOR A PERIOD OF ONE YEAR FROM THE DATE OF THIS ORDER.— CONCLUSION OF LAW That the Zoning Adjustor of Spokane County has jurisdiction over the issuance of a 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. 11. 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 4.25.040 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- inbelow 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: FINDINGS OF FACT 1. PAGE 2 CUE -41-80 That the applicant filed an application with the Spokane County Planning Department on October 6, 1980 in conjunction with a mobile home as a residence for a dependent relative. A letter from a licensed physician dated October 8, 1980 verified that a medical problem exist with the applicant's parents which requires necessary assistance from family members. ,tr r , 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. Approval was granted at the hearing after finding that the applicant can comply with all of the conditions required in Section 4.24.560. ‘'• .: ' x,,;,„ ,•,• III. ..: , 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 November 7, 1980 the Engineer's Office has requested as a condition of approval that the applicant shall agree to participate in any future Road Improvement Projects and to dedi- cate the south ten (10) feet of the advertized property for road purposes. In keeping with the -;Zoning Adjustor's policy to not require road improvements for temporary use permits unless it is demonstrated that the improvements are ne- :cessary to protect the public health, safety and general welfare, this action is being taken without the requiring of road improvements. No additional in- formation was presented regarding this recommendation. 'SPOKANE COUNTY UTILITIES DEPARTMENT: In a memo dated November 11, 1980 the Department indicated that water service shall be coordinated with Consolidated Irrigation District in accordance with the Coordinated Water System Plan for — - Spokane County. SPOKANE COUNTY HEALTH DISTRICT: The Health District had no comments regarding this proposal. SPOKANE COUNTY PLANNING DEPARTMENT: In the staff presentation at the hearing, it was reported that the -file is in order and the applicant can comply with conditional standards as stated in Section 4.24.560 of the zoning ordinance. IV. The Zoning Adjustor found that the proposed residence for a dependent re- lative will not be in conflict with adjacent land uses nor be detrimental to the general comprehensive plan - 1968. Nor will this action involve the erection of a substantial structure. The site is zoned agricultural which is a classifi- cation suitable for farming and agricultural pursuits. Therefore this action have the least impact on adjacent properties. v. That this action and supported by the above noted findings will not be materially detrimental to the public welfare or injurious to adjacent properties and improvements. v 1. • .4-14i The opportunity was afforded at the hearign to any interested person to , testify regarding the applicant's proposal. No one appeared nor any written comments were received in opposition. CONDITIONS OF APPROVAL PAGE 3 CUE -41-80 The permit may be renewed administratively by the Director of Planning upon recertification by a licensed physician that a medical problem still requires care. The renewal period shall be every year from the date of the original permit. II. The mobile home shall be as defined in Chapter 4.03. 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 within forty-five (45) days. IV. A statement shall be attached to the deed and recorded in the County Auditor's Office stating that the mobile home is temporary and for the use of the dependent relative for which the Conditional Use Permit is approved and not considered a permanent structure to be transferred with the propertyif sold or leased. V. The placement of the mobile home shall be in compliance with all plat dedications. VI. The mobility gear shall not be permanently affixed to the land, except for emporary connections to utilities. VII. 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 Permit. VIII. The applicant shall comply with all requirements of the Spokane County Health District, the Department of Social and Health Services for water supply and sewage disposal. VIV. That the applicant shall within 90 days from the date of this order submit a written statement to the file from a licensed physician stating the nature of the medical problem as required in Section 4.24.560 (b) (2). ORDERED THIS21DAY OF . ,rade .k.9 , 1980. Spokane County Planning D 4- ZONING ADJUSTOR FOR SPOKAN COUNTY, WASHINGTON