VAR-2014-0002 South Henry Studios Findings Decision CITY OF SPOKANE VALLEY HEARING EXAMINER
Variance mom Side Ward Setback Requirements, )
in the Garden Office (GO) Zone; ) FINDINGS OF FACT,
) CONCLUSIONS OF LAW,
Applicant: South Henry Studios ) AND DECISION
File No. VAR-2014-0002 )
)
I. FINDINGS OF FACT
1. The application requests reduction of the minimum side yard building setback from 20 feet to
five (5) feet, in the Garden Office (G) zoning district; on an approximately 22,100-square foot site.
2. The site is located south of and adjacent to Mission Avenue, between Vercler Road and
Woodlawn Road; in Spokane Valley, Washington.
3. The site is currently referenced as County Assessor's tax parcel no. 45152.0305, and has an
address of 12724 E. Mission Avenue, Spokane Valley, WA.
4. The applicant for the proposal is South Henry Studios, c/o Paul Harrington, 3421 S. Henry
Road, Greenacres WA 99016. The site owner is Sordoff& Wilson Properties, LLC; addressed at
12706 E. Mission Avenue, Spokane Valley WA 99216.
5. On June 16, 2014, the applicant submitted a complete application for the proposed variance
to the Spokane Valley Community Development Department ("Department")
6. The Hearing Examiner conducted a site visit on August 24, 2014; and conducted a public
hearing on the application on August 28, 2014. The notice requirements for the public hearing
were met.
7. The Hearing Examiner heard the application proposal pursuant to Chapters 17.80, 18.20 and
19.120 of the SVMC; and the Hearing Examiner Scheduling Rules and Rules of Conduct, codified
in Appendix B of the SVMC.
8. The following persons testified at the public hearing:
Karen Kendall and Lori Barlow Paul Harrington
City Community Development Department 3421 S. Henry Road
11707 E. Sprague Avenue, Suite 106 Greenacres, WA 99016
Spokane Valley, WA 99206
Mike Wilson
815 E. Rockwood Blvd.
Spokane, WA 99203
HE Findings, Conclusions and Decision File No. VAR-2014-0002 Page 1
9. Exhibits 1-10 in the record, consisting of the Staff Report submitted by the City Community
Development Department, and attachments thereto, were made part of the record at the hearing.
Exhibit 12 consists of the power point presentation made by the Department at the hearing.
10. Exhibit 11 consists of an email from Mike Wilson, for the applicant, to Lori Barlow and John
Hohman of the Department; an attachment to such email, which describes how the project is
consistent with the variance criteria in the SVMC pertaining to the application; and emails
exchanged between Lori Barlow of the Department and the Hearing Examiner, advising that the
email from Wilson can be made part of the record.
11. The Hearing Examiner takes notice of the City Comprehensive Plan, Spokane Valley
Municipal Code (SVMC), other applicable development regulations, and prior land use decisions
for the site and in the vicinity.
12. The record includes the documents in the application file at the time of the public hearing,
Exhibits 1-12 and the electronic recording of the hearing, the sign-in sheet for the hearing, and the
items taken notice of by the Hearing Examiner.
13. The site is approximately 22,100 square feet in size, rectangular in shape, relatively flat in
topography, designated in the Office category of the Comprehensive Plan, and zoned GO.
14. The northwest one-fourth (1/4) of the site consists of a gravel parking lot that serves the
dental office that abuts the site on the west, with the remainder of the site being undeveloped. A
residence used to exist on the property. A 6-foot high, vinyl, sight-obscuring fence is located
along the east edge (except in the front yard) of the site, the south border of the site, and the south
one-half(1/2) of the west border.
15. The land lying west and southwest of the site along the east side of Vercler Road is zoned
GO, and developed primarily with office uses. The land lying further to the west is zoned Office
(0), and developed with office uses and a large hospital. The land lying north of the site is zoned
O and developed with office uses. The land lying east and southeast of the site is zoned Single-
Family Residential (R-3), and consists of single-family homes in urban residential subdivisions.
16. The parcel of land lying directly east of the northerly two-thirds (2/3) of the site is improved
with a residence that fronts along Mission Avenue, and has its west side facing the site at a
distance of at least five (5) feet. The parcel lying east and southeast of the remainder of the site is
improved with a residence that lies diagonally southeast of the site. See aerial map in Exhibit 2.
17. The City Arterial Street Plan designates Mission Avenue lying to the north, and McDonald
Road to the east, as Minor Arterials. State Route 27 (SR-27) Pines Road) located to the west is a
multi-lane state highway. SR-27 has a freeway interchange with I-90 immediately north of
Mission Avenue.
18. The applicant plans to combine the site and the parcel located between the north one-half
(1/2) of the site and Vercler Road; which adjacent parcel is owned by the owner of the current site,
and is improved with a dental office that is being remodeled.
HE Findings, Conclusions and Decision File No. VAR-2014-0002 Page 2
19. The applicant plans to develop a single-story, approximately 25-foot tall, 5,200-square foot
office building on the site. The building would be 119 feet long from north to south, 42-44 wide,
set back 31 feet from Mission Avenue, and set back a range of 5-5.5 feet from the east property
line. The residence located to the east parallels the north 31 feet of the proposed building.
20. The westerly portion of the proposed building would be taller than the east portion, to allow
the east half of the building to be more compatible with the single-story, single-family dwelling
located on the parcel lying east of and adjacent to the site along Mission Avenue. The fence
located along the east edge of the site, which is set back a short distance from the east border of the
site, would be moved to the east property line.
21. A parking lot would be developed in the south end of the site, and a combined parking and
driveway area would be developed between the dental office and the office building on the
combined parcel; which parking lots and driveway would access Mission Avenue. See site plan
submitted June 26, 2014, and drawing of proposed office building in Exhibit 12.
22. The maximum building height in the GO zoning district is 45 feet, and is 35 feet in the R-3
district. The minimum side yard setback in the R-3 district is five (5) feet.
23. There is no side yard setback requirement in the GO district. However, the Hearing
Examiner takes notice that local fire district regulations require a minimum separation of 10 feet
between buildings, unless a fire wall is constructed. The residence located east of the site is
located at least five (5) feet from the site, which allows for a minimum 10-foot separation between
the adjacent residence and the proposed building on the site.
24. Commercial development in the GO district is required to install five (5) feet of Type I (Full
Screening) landscaping adjacent to land zoned R-3. Such landscaping requires the installation of a
6-foot high completely sight-obscuring fence, and the installation of at least five (5) feet of sight-
obscuring landscaping, as described in Section 22.70.030 of the SVMC; and applies long the east
border of the site.
25. At the hearing, the applicant advised that it planned to install the required landscaping along
the east property line as required by Section 22.70.030 of the SVMC. The Department expressed
concern that there may not be enough room between the proposed building and the east property
line to maintain the landscaping; and advised that it may be willing to administratively approve a
deviation to the landscaping requirement by allowing the required landscaping "points" to be
installed elsewhere on the site. See testimony of Paul Harrington and Lori Barlow.
26. The Department generally supported the approval of the proposed variance; subject to the
project complying with the landscaping requirements of the SVMC, and limiting the height of the
building constructed within 20 feet of the east border of the site to the maximum height of 35 feet
permitted in the R-3 district. The proposed building would appear to easily comply with such
requirement. See testimony of Mike Wilson.
27. Neighboring property owners did not comment on the project.
HE Findings, Conclusions and Decision File No. VAR-2014-0002 Page 3
28. Spokane County Fire District 1, which refers to itself as the "Spokane Valley Fire
Department" (even though it is not part of the City of Spokane Valley), submitted a letter dated
July 14, 2014. The district commented that the applicant would have to install a fire apparatus
turnaround on the site to serve commercial development; because fire trucks do not back onto
arterials like Mission Avenue (for traffic safety reasons), and need the turnaround on the site to
avoid this. The district advised that the configuration of the lot, i.e. its width, would make
installation of a turnaround on the site problematic, unless the side yard setback was approved.
29. The site is narrow for a typical commercial lot zoned GO, likely because it was at one time
developed with a residence. The commercial zoning of the site, the location of the site along an
arterial, the fire district's need for a fire apparatus turnaround along such arterial, and the relatively
narrow width of the site for a property zoned GO combine to present special circumstances that
justify approval of the setback variance to provide the site with rights and privileges permitted to
other properties in the vicinity zoned GO; including the parcel lying directly west of the site.
30. The application satisfies the other variance criteria, as set forth in the Staff Report; and
should be approved subject to the conditions of approval recommended by public agencies, and
standard Department conditions required for variance applications. See Hearing Examiner
decision dated 9-22-14 in File No. VAR-2014-0001.
Based on the above Findings of Fact, the Hearing Examiner enters the following:
II. CONCLUSIONS OF LAW
1. The application for the proposed variance, as conditioned, satisfies the variance criteria
specified in SVMC 19.170.030.
2. Approval of the variance application, as conditioned, is appropriate under SVMC 18.20.030.
III. DECISION
Based on the above Findings of Fact and Conclusions of Law, the application for a variance
to reduce the side yard setback in the GO zone for a proposed office building from 20 feet to five
(5) feet along the east border of the site, adjacent to the R-3 zoning district, is hereby approved;
subject to the conditions of approval specified below.
This approval does not waive the applicant's obligation to comply with all other
requirements of other agencies with jurisdiction over land development.
HE Findings, Conclusions and Decision File No. VAR-2014-0002 Page 4
Conditions of Approval:
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT:
1. Building walls which are at least 5 feet but less than 10 feet from the property line require no
less than 1-hour fire-resistance-rated construction and protected openings, to the extent described
in 2012 International Building Code Chapters 6 and 7.
2. The height of the building proposed for the site shall not exceed a maximum height of 35 feet
within 20 feet of the east border of the site.
3. A landscape maintenance buffer shall be provided along the east border of the site adjacent
to the proposed building, to provide sufficient room to maintain the 5 feet of Type 1 landscaping
required along such border; subject to any administrative modification or variance approved by
the Department for such landscaping.
4. The Planning Division shall prepare and record a title notice with the Spokane County
Auditor, stating that the subject property is subject to certain conditions of approval imposed as a
result of a land use action. The title notice shall serve as a public notice that the property is subject
to such conditions of approval. All recording fees shall be paid by the property owner.
The title notice shall state:
"The parcel property legally described as(insert legal description) is the subject of a land
use decision by the City of Spokane Valley Hearing Examiner on October 30, 2014;
approving certain Variances under the Spokane Valley Municipal Code, and imposing
various conditions of approval affecting the property. File No. VAR-2014-0002, relating
to such approval, is available for inspection and copying at the City of Spokane Valley
Community Development Department"
5. Except where noted in these conditions of approval, the proposal shall comply with the
applicable provisions of the Spokane Valley Municipal Code(SVMC).
6. All necessary permits shall be obtained for proposal.
7. The variance approvals in File No. VAR-2014-0001 will automatically expire and become
void if the applicant fails to obtain a building permit, or other necessary development permits.
SPOKANE VALLEY FIRE DEPARTMENT:
1. Mission Avenue is classified as an arterial. As fire apparatus do not back out onto arterials, a
fire apparatus turnaround is required on the site.
HE Findings, Conclusions and Decision File No. VAR-2014-0002 Page 5
DATED this 30th day of October, 2014
CITY HEARING EXAMINER PRO TEM
711 -11711 -
Michael . Dempsey, WSBA#82
NOTICE OF FINAL DECISION AND NOTICE OF RIGHT TO APPEAL
Pursuant to Chapter 17.90 of the Spokane Valley Municipal Code (SVMC), and RCW
Chapter 36.70C, the decision of the Hearing Examiner on an application for a variance
permit is final and conclusive unless within twenty-one (21) calendar days from the date of
issuance of the Examiner's decision, a party with standing files a land use petition in
Superior Court pursuant to RCW Chapter 36.70C. Pursuant to RCW Chapter 36.70C, the
date of issuance of the Hearing Examiner's decision is three (3) days after it is mailed.
On October 30, 2014, this decision will be mailed by regular mail to the Applicant,
and to all government agencies and persons entitled to notice under SVMC 17.80.130(4). The
date of issuance of the decision is November 3, 2014, counting to the next business day.
THE APPEAL CLOSING DATE FOR THE APPEAL OF THIS DECISION TO
SUPERIOR COURT IS NOVEMBER 24, 2014.
The complete record in this matter is on file during the appeal period with the Office
of the Hearing Examiner, Third Floor, Public Works Building, 1026 W. Broadway Avenue,
Spokane, Washington, 99260-0245; and may be inspected by contacting Kristine Chase at
(509) 477-7490. The file may be inspected during normal working hours, listed as Monday-
Friday of each week, except holidays, between the hours of 8:00 a.m. and 4:30 p.m. After the
appeal period, the tile may be inspected at the City of Spokane Valley Community
Development Department-Planning Division, 11707 E. Sprague Avenue, Spokane Valley,
WA 99206; by contacting Karen Kendall at (509) 921-1000. Copies of the documents in the
record will be made available at the cost set by the City of Spokane Valley.
Pursuant to RCW 36.70B.130, affected property owners may request a change in
valuation for property tax purposes notwithstanding any program of revaluation.
HE Findings, Conclusions and Decision File No. VAR-2014-0002 Page 6