Loading...
HomeMy WebLinkAbout1988, 09-22 Finding, Conclusions, DecisionX30 ZONING ADJUSTOR SPOKANE COUNTY, WASHINGTON IN THE MATTER OF A CONDITIONAL USE ) PERMIT TO TEMPORARILY HOUSE A ) FINDINGS, CONCLUSIONS DEPENDENT RELATIVE. [CUE -19-88]; ) AND DECISION GRETA G. ADAMS ) COMPANION FILES: CUE -79-73 AND ) VE -63-73 ) SUMMARY OF APPLICATION: The applicant proposes to reside on the site in question and house Dorotha Adams, a dependent relative, in a different dwelling unit on the same site. Sections 4.04.170 jj. and 4.24.560 of the Spokane County Zoning Ordinance requires a conditional use permit to allow this use. Authority to consider and grant such a request exists pursuant to Section 4.03.020 (dependent relative), 4.24.010 and 4.24.560 of the Spokane County Zoning Ordinance. PROJECT LOCATION: The subject property is generally located in east central Spokane County, north of Trent Road and west of and adjacent to Ellen Road in the NE Y4 of Section 2, Township 25N, Range 44EWM. DECISION SUMMARY OF THE ZONING ADJUSTOR: Based upon the evidence presented and circumstances associated with the project proposal, the Zoning Adjustor APPROVES the conditional use permit, conditioned as set forth below. OPPONENTS OF RECORD: None. PUBLIC HEARING: After examining all available information on file with the application and visiting the subject property and surrounding area, the Zoning Adjustor conducted a public hearing on September 14, 1988, rendered a verbal decision on September 14, 1988 and rendered a written decision on September 22, 1988. FINDINGS OF FACT The project location is as set forth above under PROJECT LOCATION. 2. The applicant is purchasing the property in question. The property contains a small site -built single family dwelling unit and a storage shed somewhat behind it. The property at one time had a conditional use permit, which became null and void, issued in 1973 for a mobile home as a temporary residence. The applicant presently proposes to locate a single or double wide manufactured home on the rear % of the lot, either in an east - west direction or a north -south direction, preferably in the north -south orientation. The applicant proposes to live in the manufactured home while the dependent relative, Dorotha C. Adams is to reside in the small site -built house. This will enable Greta Adams to provide daily, routine care for Dorotha Adams. 3. The adopted Spokane County Future Land Use Plan designates the area of the proposal as urban. 4. The site is zoned Agricultural which. allows the proposed use upon approval of this application. 5. The existing land uses in the area of the proposal include mixed residential uses on a variety of parcels ranging from small acreage tracts to typical urban and suburban residential lots. There are apartment buildings directly to the east and a storage yard type of use immediately to the south. All of these uses seem compatible with the proposal. CASE NO. CUE -18-88; ADAMS SPOKANE COUNTY ZONING ADJUSTOR PAGE 2 6. The County Health District verbally reported that the drainfield installed for the 1973 temporary mobile home was one designed for a unit not to exceed two (2) bedrooms. They also stated that they have no record (due to the age of the existing, site -built dwelling) regarding the location or size of the septic tank and drainfield for the site -built house. 7. The applicant discussed her proposal to make the manufactured home the permanent dwelling at such time as dependent care is no longer needed for Dorotha Adams. She proposes to make the existing site -built house a non-residentlal accessory structure, either using it for storage or converting it to a garage. The house measures approximately 24' x 24'. 8 . The proposal is exempt from the provisions of Chapter 43.21C RCW pursuant to WAC 197-11-800 (1)(c)(r) and Spokane Environmental Ordinance 11.10.070 (1)(a). 9. The applicant has been made aware of the recommendations of various County/State agencies reviewing this project and has indicated she can comply with those recommendations. . 10. The proposed site plan indicates that setbacks, parking, height of the structure(s) will conform to the Spokane County Zoning Ordinance. 1 1. The applicant has indicated she understood: (a) the limitations imposed under the terms of Section 4.24.560 of the Spokane County Zoning Ordinance; (b) that if the temporary residence is desired for more than one year the application will have to be renewed; and (3) that a Title Notice will be filed by Spokane County with the Auditor's Office regarding temporary occupancy only for specific named parties. 12. The applicant has submitted the required form signed by a licensed physician or its equivalent regarding the need for dependent care and sufficient need is found to exist. 13. No one appeared to oppose the proposal nor were any written comments adverse to the proposal received. There are no opponents of record. 14. The proper legal requirements for advertising of the hearing before the Zoning Adjustor of Spokane County have been met. 15. Any conclusion hereinafter stated which may be deemed a finding herein is hereby adopted as such. From the Findings, the Zoning Adjustor comes to these: CONCLUSIONS 1 . Although it is not the ordinary setup,it is perfectly acceptable for the applicant (Greta Adams) to reside in the manufactured home and for the dependent relative (Dorotha Adams) to reside in the site -built home. It is more unusual for the applicant to propose to make the manufactured home the permanent dwelling and to dismantle or make otherwise "non-residential" the site -built house at such time as there is no longer a need to provide dependent care. However, this is an acceptable arrangement, if properly properly permitted by the Department of Building and Safety. 2. The proposal is listed in the Spokane 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 ensure against imposing excessive demands upon public utilities and these shall be addressed as conditions of approval. 4. The proposal will neither be detrimental to the Comprehensive Plan nor the surrounding properties. 5. The Zoning Adjustor may require such conditions of approval as necessary and appropriate to make the project most compatible with the public interest and general welfare. CASE NO. CUE -18-88; ADAMS SPOKANE COUNTY ZONING ADJUSTOR PAGE 3 6. The applicant is advised to check with the Spokane County Health District regarding the proper number of bedrooms in any manufactured home to be located on the site, if the 1973 septic tank and drainfield is to be used. The applicant should also work with the Health District regarding the existing, but not -of -record, drainfield serving the small site -built house. 7. Any finding hereinbefore stated which may be deemed a conclusion herein is adopted as such. DECISION From the foregoing Findings and Conclusions, the Zoning Adjustor APPROVES the proposal. The following Conditions of Approval are stipulated. CONDITIONS OF APPROVAL I. GENERAL The following conditions shall apply to the applicant/owner. 2. Failure to comply with any of the conditions of approval contained in this decision, except as may be relieved by the Zoning Adjustor, shall constitute a violation of the Zoning Ordinance and be subject to such enforcement actions as are appropriate. 3. The Zoning Adjustor may administratively make minor adjustments to site plans or the conditions of approval as may be judged to be within the context of the original decision. 4. If the Zoning Adjustor believes there are extenuating circumstances associated with this 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 reconsideration takes place. 5. The Building and Safety Department shall assist in coordination of this decision by routing building permit application(s) to the various departments and agencies which participate in or take actions to ensure that various required written documents have been executed and filed. II. PLANNING DEPARTMENT 1 . This parcel shall not be further subdivided unless consistent with RCW 58.17, the various county subdivisions regulations and the Spokane County Comprehensive Plan for the area. 2. The manufactured home shall be: (a) a minimum of thirty-five (35) feet or more in length and be at least eight (8) feet in width; (b) constructed in accordance with State of Washington or Federal manufactured home construction standards as evidenced by the attachment of an insignia; (c) designed for transportation after fabrication on public streets and highways 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 utilities. 3. 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. 4. Upon termination of the need for dependent relative care or the sale or lease of the property, the applicant shall remove the manufactured home from the site within forty- five (45) days. 5. In light of the applicant's plans to maintain the manufactured home as the permanent dwelling unit and to make the existing dwelling unit non-residential at some point in the future, the manufactured home installation may be of a permanent nature. However, it is understood that either within 45 days of the cessation of need for dependent care, the manufactured home will be removed as specified by the ordinance or the manufactured home may remain and the site -built house brought to a non-residential status CASE NO. CUE -18-88; ADAMS SPOKANE COUNTY ZONING ADJUSTOR PAGE 4 within 45 days. The non-residential status shall be as determined by the Department of Building and Safety, but minimally shall mean that the unit will no longer contain kitchen/food preparation/storage facilities. 6. 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. 7. 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. 8. The permit shall be granted for a period of one year and may be renewed administratively by the Zoning Adjustor or his/her designee upon the recertification: (a) by a licensed physician that the medical problem still exists; and (b) by the original applicant that the need still exists. 9. The renewal period shall be the first day of the month occurring after 12 entire months pass since the date of this decision (October 1, 1989) 10. 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 reconsideration takes place. 1 1. The manufactured home shall be located in substantial conformance with the site plan on file in the Planning Department and any modification of proposed location shall only be authorized by the Zoning Adjustor prior to location and erection at the site. The manufactured home has two optional locations and the manufactured home may be either a single wide or a double wide. The primary criteria is that the side and rear yard setbacks be adhered to. III. DEPARTMENT OF BUILDING & SAFETY 1 . The Building and Safety Department shall assist in coordination of this decision by routing building permit application(s) to the various departments and agencies which participate in or take actions to ensure that various required written documents have been executed and filed. 2 The applicant shall contact the Department of Building and Safety at the earliest possible stage of design/development 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, private road designation/naming, street address assignment, building/demolition permits and general coordination with other aspects of project implementation. 3. The Department shall oversee the conversion of the site -built dwelling to non- residential status, if this option is selected by the applicant. IV. UTILITIES DEPARTMENT 1 . The owner(s) or successor(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 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 resolution method pursuant to RCW Chapter 36.94 which includes the owner's property. PROVIDED. this condition shall not prohibit the owner's or Successor(s) from objection 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 resolution method under RCW Chapter 36.94. 2. Any water service for this project shall be provided in accordance with the Coordinated Water System Plan for Spokane County, as amended.