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1990, 09-11 Variance ApplicationTO 41W /j� W V FROMDavis,` Code Compliance Coordinator Spokane County Department of Building & Safety JAMES L. MANSON, DIRECTOR , Planning Department DATE: //- RE �d RE File Number: tie , 6.5, -ye> Address: E /5 fos'- 3roci c( Our comments regarding the above are reflected in the marked box(es) below: e applicant shall contact the Department of Building and Safety at the earliest possible stage of U design/devetopment in order to be informed of code requirements administered/enforced by the department; e.g., State Building Code Act regulations such as requirements for fire hydrant/flow, fire apparatus access roads, street address assignment, barrier -free regulations, energy code regulations, and general coordination with other aspects of project implementation. LJ The issuance of a building permit by the Department of Building and Safety is required. 1--i U Requirements of Fire District No. need to be satisfied during the building permit process. n The applicant is advised that the private road shall be named and signed in accordance with the provisions of L --J Spokane County Road Standards. This condition may be waived in the event that the Department of Building and Safety determines addressing on the private road is not acceptable. However, at such time the Department of Building and Safety feels the need for the road to become a private, named road, the applicant/owner shall participate and cooperate in this process. n The required fire flow for any building or subdivision is determined by building size, type of construction • and proximity of exposures. Based on information presented to this office regarding this subdivision, the minimum fire flow established by code of 500 gallons per minute for 30 minutes is being required. n We have no requirements for this proposal - existing conditions. LJ n Specific comments are as follows: U TLD WEST 1303 BROADWAY • SPOKANE, WASHINGTON 99260 • 0050 • TELEPHONE (509) 456-3675 SPOKANE COUNTY COURT HOUSE IS)I146 "ir PLANNING DEPARTMENT BROADWAY CENTRE BUILDING N. 721 JEFFERSON STREET PHONE 456-2205 SPOKANE, WASHINGTON 99260 NOTIICE 01F SII°OKANIE COUNTY ZONING AIIDJJUSTOR IPU DATE: September 26, 1990 TIME: 10:30 a.m. or as soon thereafter as possible PLACE: Spokane County Planning Department 2nd Floor Hearing Room, Broadway Centre Building North 721 Jefferson Street Spokane, WA 99260 1„ ILIIC HEARING AGENDA ITEM #: 5 File: VE -69-90 VARIANCES FROM MINIMUM SITE SIZE. ROAD FRONTAGE. SCREENING AND u .l It '::1 . .11 L 0 C AT ION : Generally located on the northeast corner of Moore Road and Broad Avenue in the SW 1/4 of Section 36, Township 26N, Range 44EWM. The property is addressed as E. 15905 Broad Avenue. PROPOSAL: Applicant seeks to use an existing single family residence on approximately 0.3 acre of land for religion classes for a total of 16-20 East Valley High School students during weekday mornings. The lot has 75 feet of frontage on Broad Avenue and has no particular sight screening or fencing separating it from adjacent residential properties. The applicant seeks variances from section 4.04A.060 of the Spokane County Zoning Ordinance which stipulates such a use must be a minimum of 4 1/2 acres, have 200 feet of frontage and provide sight -screening and fencing for abutting residential areas. EXISTING ZONING: Single Family Residential COMPREHENSIVE PLAN: Urban SITE SIZE: Approximately 12,500 square feet APPLICANT: Church of Jesus Christ of Latter Day Saints C/O Gary Bernardo N. 100 Parkade Plaza Spokane WA 99201 ITEMS CARRIED OVER FROM PREVIOUS HEARINGS MAY BE HEARD FIRST, POSSIBLY CAUSING DELAYS. LEGAL DESCRIPTIONS AND PROJECT DETAILS FOR THESE PROJECTS ARE AVAILABLE IN THE PLANNING DEPARTMENT FILES. APPEALS OF THE DECISION ON THE ABOVE LISTED CASE MAY ONLY BE FILED BY THE APPLICANT OR AN OPPONENT OF RECORD ACCOMPANIED BY A $100.00 FEE. (Sections 4.25.090 and 4.25.100 of the Spokane County Zoning Ordinance.) VE -69-90 SPOKANE COUNTY PLANNING DEPARTMENT APPLICATIONS BEFORE THE ZONING ADJUSTOR/BOARD OF ADJUSTMENT Certificate of Exemption No.: Application No.: Name of Applicant: L05 CA/t42e14 Agent: Y N %Y BERnNARGo Street Address: /v- IC ' PM 'R cE Zip Phone - Home: Work: 838-2701 City: 4e2K4IV State: VW Code: q97/ Name of Property Owner(s): ,4/1t W/.1•66 -PVF Street Address: 3 TERRA frE. E Agents No. Zip Phone Home: 922- /*'4 City: V1-- State: WA Code: %9037 Work: D ACTION(S) (Circle appropriate action): iance(s)) Waiver iolation Conditional Use Permit Nonconforming Lot/Use Temporary Use/Structure Other: FOR STAFF USE ONLY Cite Regulations Section(s): Section: 36 Township: 0? 4 CODE: ORDINANCE o s Proper,ty4 0 -Violation/ Range: y'/ Size: /2,5b0 lt Enforcement: Y Existing Zone: -I Comp. Plan Des.: O/41/ -n/ Crossover c1,2-3. LEGAL PSSA:(Y N UTA:fN ASA: ,)N FIRE DIST.; 7 CHECKED BY: % l/ Hearing Date: 7/�6 (`10 Personnel Taking in Application: 77.7 Existing Use of Property: 5'N5IE 64'1/LY lis/Ge-AC Describe Intended Proposal nC�Terms of REQUESTED ACTIONS above: Udefl l A,, ► 1,✓ Gi v dfit✓�; :" W�h; G r. 7/ %i Street Address of Property: E /5905 {{{�� Legal Description of Property (include easement, if applicable): INELLEE-77 M4M 47Y Aa9 L / 4S/ Parcel No(s): 4G3L3. b3v/ Source of Legal: A9 2f5 C /GE Total amount of adjoining land controlled by this owner/sponsor: NCVE What interest do you hold in the property? LDS GHt4sCi-/ 7b PPteGHf1SE P, oi- eTv FPellWj165TI}F1fl 1c746,9Wee /1#fO . Please list previous Planning Department actions involving this property: NONE KNOWA/ STATE OF WASHINGTON ) SS COUNTY OF SPOKANE I SWEAR, UNDER PENALTY OF PERJURY, THAT: (1) I AM THE OWNER OF RECORD OR AUTHORIZED AGENT FOR THE 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 ABOVE RESPONSES AND THOSE ON SUPPORTING DOCUMENTS ARE MADE TRUTHFULLY AND TO THE BEST OF MY KNOWLEDGE. NOt4RY S,F Signed: E A(/ ,e &- EZ'ADACF. 97037 Address: 5- ' 393 7E Phone No.: 9' ' _ 0 11;17 PIP Notary Public in and f ; t ' e ' ate of Washington, residing at 6P0K. My appointment expires: 15- Z Uva 119 . Date: 3 D F' Q"PROOF 24 . nmcisari for the applicant or his/her representative to establish the reasons vvby the.2R sQ:)ESTED ACTION should be approved and to literally put forth the basic cast:.:. K:�ce ingly, you should have been given a form for your requested action (variance, conditional use, etc.) designed to. help you present your case in a way which 'addresses the criteria which the Zoning Adjustor must consider. Please fill the form out and return it with your application. If you did not get a form, ask the Planning Department personnel for advice on how to proceed. B. ,SIGN -OFF BY COUNTY DEPARTMENTS AND OTHER AGENCIES Q)COUNTY HEALTH DISTRICT c a) Proposed method of water supply: �C Z4e:en b) Proposed method of sewage disposal: t> A preliminary consultation been ' E fof r has been held to discuss the proposal. The applicant uirements and nd 14.? (Date) (Sign -off Waived) (Signature) 2. COUNTY ENGINEERING DEPARTMENT p consultation has been held to discuss .tile proposal. The applicant n ' ; ormed ` of requirements apd standards. (Signana ture) OUNTY UTILITIES DEPARTMENT (Waive if outside WMAB) 8 go ate) (Sign -off Waived) [l A preliminary consultation has been held to discuss the proposal. The applicant .lis) en informed of req)tlir gments and standards. v. . (Signature) (Date) (Sign -off Waived) [ ] The appli�ant is required to discuss the proposal with �j �/ to become informed ,of water system requirements and standards. [) T%kaylicant is required to discuss the proposal with disposal to become informed of sewage requirements and standards. cl)WATER PURVEYOR: (Waive if outside CWSSA) a) The proposals not located within the, boundary of our future service area. b) The proposal distri c) Ware not able to serve is site with adequate water. located within the boundary of our current d) Satisf.. ory arrangemen 0 /have not been made to serve this (Signature) (Date) SEWERAGE PURVEYOR: (Sign -off Waived) (If other than Spokane County) [ ] A preliminary consultation has been held to discuss the proposal. The applicant has been informed of requirements and standards. (Signature) (Date) (Sign -off Waived) Page 4 of 4 VARIANCE BURDEN of PROOF Form NAME: r 4 FILE NUMBE Introduction to this form: A "variance" is the means by which an adjustment is made in the application of the specific regulations of the zoning classification for a particular (the subject) piece of property. This property, because of special circumstances applicable to it, is deprived of privileges commonly enjoyed by other properties in the vicinity and in a similar zone classification. This adjustment remedies the difference in privileges. A variance shall not authorize a use otherwise prohibited in the zone classification in which the property is located. The following questions will help to determine the outcome of your request. Your request requires accurate and complete responses. First circle either the "yes" or the "no" answer(s) following the questions below as they apply to your situation and then explain as needed (in the space provided) to make your unique situation clear. Certain phrases from the Spokane County Zoning Code section on variances are included in these questions. They are underlined. If your request is a ROAD FRONTAGE VARIANCE please answer only questions A,B,C,D, and E. A. Will this variance permit a use which is otherwise prohibited in this zone? Yes No Explain: PAROC4404c. Sct/a 5 AWE 4 koVii T sr• Us /N 7M5 ZCtIE, B. Are there special circumstances (lot size, shape, topography, location, access, surroundings, etc.) which apply to the subject property and which may not not apply to other properties in.the vicinity? No Explain : SIZE OF Sct*DZ 15 NOT NES? .02 ACRE SIT; L.AR6451. 5/TES AWE mar 4V?4/Li49J !N v/c./Mt ZS/ cL-ar 7D EAST V fLL y N19-( SC-Hcti- CZ= .47707t#450 C. Is the subject property deprived of privileges commonly enjoyed by other properties in the vicinity and in a similar zone classification? Yes Explain : f r /S t4M-1 K / OTWER Agave -PEs /tV (r1GtNrlY WANT 7t) 13e coilveK71239 micSGf*t- U . D. Will this variance be harmful to the public welfare or to other properties in the vicinity and a similar zone classification? Yes g) Explain: LAc e7 £fS<7Y, 'A' G 1941`1 IIS, E"n WtLL NOT E6 /m44c7'. E. Are there other similar situations in the vicinity in a similar zone classification? Yes CO Are they permitted uses ? Yes No Are they "nonconforming" uses? Yes No ACCAtiig dm' 7NE Nr47I(4 ! 771i5 u/ /75 I 47/er/ IS DIREC7241 Explain: RB -sten 7b 774E t- 4771 n/ elo EN577n(Fr f?1 A1C ff/6r#1 Sc#MxY.S . /goo AgE Basta -44e sauertiosis IN 7I-fsV /Mrf/wi/17 14Gnr/?YAor 1OEVZtc.4 REZPuEST 1444S .44.tv139 slo /T 7a c.a /w/ . RE: VE- 79-t e VE -177- 53. F. Could the subject property be put to a reasonable and permitted use by you or another person without the requested variance? Explain: NOT Fve // JV1:L o G1SE Yes G. If this request is granted, will the subject property be more environmentally sensitive, energy conserving, or will it promote the use of an historic property? Yes No Explain: Over please Rev: 5/22/90 Page 1 H. If this variance is granted, will the broader public need or interest be served? No Explain: tt-IE LD5 C44Uireca ofEstRes 7a z_ezo 7E -04E MIIV RY i4 7. Jr 7V E VALLEY /%6H ..ti7f2:71.. TO SERVE jHV EKI'ST/N6 NEED dC ,qsiseemsvr C 731E= Mei 57u,Giiir 1. Will this variance be inconsistent with the purpose of the zoning which applies to the subject property? Yes (E) Explain: J. Will approval of this variance grant to the subject property the privileges of a different zone classification (in other words would this be a "de facto" zone change)? Yes 6) Explain; PAgoc#1,4L S- S .Ag,E3 pacpurrag, i1 1/1 77Ii5 ZZVE. K. Will this variance be inconsistent with the general purpose and intent of the Comprehensive Plan? Yes ED Explain L. Is this variance required for a reasonable economic return from the subject property or is the existing structure too small? Yes io Explain: Afar pair wan- G5,. etiTH r17 'IICIZ4k'E: 5Y7E; AlaTetzeM f#Z tAlreAt9e29 Wede , M Did the practical difficulty which caused you to apply for this variance exist before you owned the subject property? • es No Explain: F I Cr-isi 9Y CENaieclf iv6• AfF54x201cx1 air 71415 V14/2 AvCE REtIF37: N. If approved, would this variance affect land use density regulations which exist to protect the Rathdrum/Spokane Aquifer? Yes ED Explain: The following space is for further explanation. Your application will get better consideration if what, how, and why you propose your application is clear. Attach an additional page(s) if needed. You are invited to present additional photographs, diagrams, maps, charts, etc. in support of this application (we have the equipment to display video tapes). No such additional material is required and in any case it must be BRIEF and descriptive of issues which need to be considered in relation to this requested variance. If you have questions about the procedure to be followed feel free to contact the Spokane County Planning Department (456-2205). Page 2 warren cummings heylman & partners, p.s. a r c h i t e c t s north 1 0 0 p a r k a d e plaza spokane, washington 99201 (509) 838-2707 VARIANCE BURDEN OF PROOF FORM ATTACHMENT Project Narrative Name File Number August 1, 1990 The proposed project will change the use of the subject single-family home to a seminary (school) attended by students from the adjacent high school under a "release - time" program. Under this program, students can use one of their electives to enroll in the seminary class for religious instruction during one of the regularly scheduled 1 -hour class periods. For that particular class period, they would leave campus, walk across the street to the seminary, attend class for the allotted time period, then return to the campus for the remainder of the school day. Students are not permitted to drive to, or park at the Seminary building. It is expected that two class periods during the morning (i.e. before lunch period) will be offered and attended by 8 to 10 students (total enrollment of 20 students). One part-time teacher will staff the building. The structures will undergo minimal remodelling: the Living Room will be used as the Classroom, one of the Bedrooms as the instructors office, and the kitchen as a workroom for preparation of curriculum materials. No cooking or food service will be provided, no outside physical education program will be offered. Burden of Proof Form, Item B Continued B. The special circumstances which apply to this project are related to the size and scope of this school and its limited and specific educational program. The 4 -1/2 - acre site and 200 feet of street frontage requirements in the zoning code anticipate a much larger school facility with the full range of programs such as outdoor recreation areas, football fields, multi-purpose auditoriums, large student body and staff, and traffic parking requirements normally associated with a typical public high school. This project is not of the size or complexity intended by the zoning standard. Conclusion This variance should be granted based on: that the needs of the school are substantially less than those of full scale schools; that the Zoning Ordinance Standards were intended to address the requirements of the larger "full service" public or parochial schools; that the limited nature of the schooling activity make the proposed variance reasonable; that the project is largely compatible with adjoining properties through landscaping and building design. Furthermore, the proposed variance will not constitute a grant of special privileges and the intent and purpose of the Zoning Ordinance is achieved. 1 r11 1 1 L _ J EXISTING DRAINFIELD SEPTIC SYSTEM TO REMAIN EXISTING HOUSE PROPOSED LANDSCAPING EXISTING PORC SIDEWALK PROPOSED PARKING (2) STALL LS EXIST DRIVEWAY / NEW DIRVEWAY EXISTING CURS \PROPOSED COUNTY. STANDARD RESIDENTIAL APPROACH hloRTH SITE PLAN SCALE I'•1O LDS SEMINARY E. 15905 Bf2OAD CIE=revision Contractor is responsible ford men— s *vein shop be confirmed -.k correlated atthe )ab site fabrication *ceases,Uvcties ;and rd of tecimi4 of to work whin that of all thertrodes and the cohsfactary performarim of hiswork., ®copyright warren Cummings heylman.& partners p. s. north 100 p a r k a d e plazaa Spokane, washington 99201 (509) 838'-2707 '.drams