2000, 12-21 Zoning Code LtrS A N E
DIVISION OF PLANNING A DIVISION OF THE PUBLIC WORKS DEPARTMENT
MICHAEL V. NEEDHAM, DIRECTOR
CHD, Inc.
C/o Wes Crosby
P.O. Box 13717
Spokane, WA 99213
GARY OBERG, DIRECTOR
December 21, 2000
SUBJECT: File number AIE-5-00; Written interpretation of Chapter 14.616.325
(B) of the Spokane County Zoning Code, Minimum Yards in the
Urban Residential -3.5 (UR -3.5) zone, regarding the ability to
conform to prescribed side and rear yard setbacks for accessory
structures of the zone, as opposed to a setback line delineated on
the face of Short Plat SP -941-93.
ISSUE:
Short Plat SP -941-93 was recorded on November 5, 1999 with a 25
foot setback line from the east plat boundary depicted on the plat.
This setback line affects tax parcels 55182.2401 (Tract A — 810
North Coach Lane) and 55182.2404 (Tract D - 804 North Coach
Lane). Both lots are approximately '/2 acre in area. The following
two notes appearing on the short plat relate to the east property line
and building setbacks in general:
Note #8, Page 1: "East side lot setback distance will be in
accordance with Note 1, Sheet 2 of 3."
Note #1, Sheet 2 of 3: "Side yard and rear yard setbacks shall be
determined at the time building permits are requested unless these
setbacks are specifically drafted on this final short plat. The
setbacks indicated on this plat may be varied from if proper zoning
approvals are obtained."
The Spokane County Division of Planning received a letter dated
December 5, 2000 from Mr. Wes Crosby, president of CHD, Inc.,
requesting a staff interpretation regarding the ability to conform to
prescribed side and rear yard setbacks for accessory structures of
AIE-5-00 December 21, 2000
1026 W. BROADWAY • SPOKANE, WASHINGTON 99260-0220
PHONE (50)) 477-7200 • FAX (5091 477-2241 • TDD' 15091 477-7111
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the zone, as opposed to a setback line delineated on the face of
Short Plat SP -941-93.
RESPONSE: Although "... setbacks are specifically drafted on this final short
plat. The setbacks indicated on this plat may be varied from if
proper zoning approvals are obtained.", those setbacks associated
with the eastern plat boundary and affecting Tracts A and D are
related to side and rear yard setbacks. Other delineated setbacks
on the north, west and south boundaries of the short plat are
associated with roadway setbacks from Interstate 90 (north), Flora
Road (west), and Broadway Avenue (south). The delineated
eastern setback appears to have been an error or oversight on the
part of the surveyor/engineer or the plat sponsor which was not
questioned by the reviewing Planning staff.
INTERPRETATION: Section 14.616.325 (B) of the Spokane County Zoning Code,
Minimum Yards in the Urban Residential -3.5 (UR -3.5) zone,
specifies a 5 foot side yard setback and 20 foot rear yard setback
for primary structures. For accessory structures, a minimum rear
yard setback of 5 feet may be attained.
A favorable response to your request for an interpretation of these
circumstances is indicated, subject to the limitations identified
below.
In the case of Tract A, the eastern lot boundary effectively forms
the side yard of the lot, and a 5 foot side yard setback for accessory
structures may be applied consistent with the provision that "The
setbacks indicated on this plat may be varied from if proper zoning
approvals are obtained." Primary structures must still conform to
the 25 foot setback, since " ... these setbacks are specifically
drafted on this final short plat." A short plat amendment and re-
recording would be required to remove the drafted setback line and
attain a standard 5 foot side yard setback for primary structures.
In the case of Tract D, the eastern lot boundary effectively forms
the rear yard of the lot, and is further encumbered by a 10 foot wide
sanitary sewer easement. A 5 foot rear yard setback for accessory
structures may be applied consistent with the provision that "The
setbacks indicated on this plat may be varied from if proper zoning
approvals are obtained." Primary structures must still conform to
the 25 foot setback, since " ... these setbacks are specifically
drafted on this final short plat." A short plat amendment and re-
recording would be required to remove the drafted setback line and
attain a standard 20 foot rear yard setback for primary structures.
AIE-5-00 December 21, 2000
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APPEAL RIGHTS: This is an administrative interpretation of the Spokane County
Zoning Code pursuant to Section 14.504.000. Pursuant to ESHB-
1724 and the Board of County Commissioners Resolution No. 96-
0293, this document is also considered the Notice of Final Decision
and Notice of Right to Appeal. This administrative interpretation is
final and conclusive unless within fourteen (14) calendar days after
the decision is issued, a party aggrieved by such decision files an
appeal with the Spokane County Hearing Examiner. The
appropriate appeal application and fee information can be obtained
from the Division of Planning. Upon receipt of a complete appeal
application, a public hearing will be scheduled.
This decision was mailed to the applicant on December 21, 2000.
The appeal closing date is at 5:00 p.m. January 4, 2001.
Sincerely yours,
James Richardson
Associate Planner
ael Needham
Director
7(/
AIE-5-00 December 21, 2000
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