1981, 10-01 Zoning InvestigationZONING INVESTIGATION SHEET
Property Address South 2221 Evergreen File Number //5 --
Directions
/ j
Directions (if nec.)
Nature of Investigation
chickens
L.A. 14,700
2 , _ 130(AdAlsela
Occupant M „cr hl,. j ‘ (.14010 Phone cin?.;)- QM)
Address
Owner
Address
5. -7 R; F.V t 24PPrr\
J
M. R. Hutsell
S. 2221 Evergreen
•7L7
Phone
u- 99037
Zip
Date Received 7-2-81
Investigator
Taken By
Date Resolved ¥ to' 1'Q 1
Complainant
Address
--CONFIDENTIAL--
Ed Anderson
work 922-0833
Phone 928-8442
S. 2115 Evergreen Zip 99037
Parcel No.
'fee
26542-1009
Legal Discription.
Lot 4, Block 4 Airway Homes Addition
Applicable Permit No._'s
Zoning of Property Agri Effective Date 60-42
Sections of Ordinance Applicable
Previous Violations Non -Conforming Use
File ll's
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CONTACT RECORD
SATE TYPE.' COMMENTS
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SPOKANE COUNTY
September 21, 1981
Mr. Mike Hutsell
S. 2221 Evergreen
Veradale, WA 99037
Dear Mr. Hutsell:
SPOKANE COUNTY
DEPARTMENT OF BUILDING & SAFETY
BUILDING -PLUMBING - MECHANICAL - FIRE
811 N. JEFFERSON SPOKANE, WA. 99260-0050
TELEPHONE : 456-3675
JAMES L. MANSON, DIRECTOR
Based on information submitted to this office, the Spokane County Planning
Department has determined that the property located at S. 2221 Evergreen,
Spokane County, parcel number 26542-1408 has a nonconforming right to
maintain the existing chicken house.
Section 4.25.060 of the Spokane County Zoning Ordinance stipulates that,
"Appeals may be taken to the Board of Adjustment by any person aggrieved,
or by any officer, department, board, or bureau of the County affected
any decision of an administrative official. Such appeal shall be filed
in writing in duplicate with the Board of Adjustment within ten (10)
days of the date of the action having taken."
Please contact Ms. Marcia Raines of the Spokane County Planning Department
at 456-2274 for further information regarding the appeal procedure.
Sincerely,
:4bL
Mark Holman
Zoning Investigator
MH:gw
Copy: Marcia Raines
Blind Copy: Mr. Ed, Anderson
Mr. Bob Gust
SPOKANE COUNTY
l
SPOKANE COUNTY
DEPARTMENT OF BUILDING & SAFETY
BUILDING -PLUMBING - MECHANICAL - FIRE
811 N. JEFFERSON SPOKANE, WA. 99260-ooso
TELEPHONE : 456-3675
JAMES L. MANSON, DIRECTOR
DATE: September 4, 1981
TO: Marcia Raines
FROM: Mark Holman
SUBJECT: Attached (For your determination concerning nonconforming rights)
Please find attached complaint letter received by your office.
Field investigation indicates that:
1. Yes, there are chickens and other sundry fowl present.
2. Property is zoned Agricultural, which would permit the keeping of
fowl.
3. Building housing chickens, etc., is approximately 35' from the com-
plainants garage, which is attached to their house.
4. Section 4.04.030 requires a 50' setback from other dwellings for
buildings housing animals/fowl.
5. Attached letter from neighbor indicates possible nonconforming rights
as to location of chicken house.
6. Permit for complainants residence was issued January, 1978. (Copy
attached).
Could you please forward copies of any correspondence relative to this matter/
nonconforming rights to this office. I am awaiting your response.
MH:gw
Attachments (4)
Frederick R. Clark
13909 E. 23rd
Veradale, WA 99037
August 28, 1981
Mark W. Holman, Inspector
Spokane Co. Building Codes rept.
N. 811 Jefferson
Spokane. WA 99201
Re: H0TSELL, Mike
S. 2221 Evergreen Road
rear Mr. Holman:
I am writing regarding the
adjacent to mine. We have
May, 1955, and every owner
had chickens. The chicken
moved here.
Sincerely,
n
`. (1-k
Frederick R. Clark
FRC :vmc
RECEIVED
. q1 1981
BUILDING CODES
chicken house on the Hutsell property
resided at the above address since
of the house at S. 2221 Evergreen has
house has been on the lot since we
SPORNN! COUNTY
SPOKANE COUNTY
DEPARTMENT OF BUILDING & SAFETY
BUILDING -PLUMBING - MECHANICAL - FIRE
811 N. JEFFERSON SPOKANE, WA. 99260-0050
TELEPHONE : 456-3675
JAMES L. MANSON, DIRECTOR
July 20, 1981 CERTIFIED - RETURN RECEIPT REQUESTED
Mr. Mike Hutsell
South 2221 Evergreen
Veradale, WA 99037
Dear Mr. Hutsell:
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.
This office has received reports regarding the chickens being kept on your
property, located at South 2221 Evergreen, Spokane County, parcel number
26542-1009. Though the keeping of poultry is a permitted use in an Agri-
cultural Zone, in which your property is located, Section 4.04.030 of the
Spokane County Zoning Ordinance requires that, "...any building housing
animals or fowl and any yard or runway shall not be less than fifty (50)
feet from any dwelling other than the dwelling of the owner." The reports
we have received alledge that your chickens are not being kept the required
50 feet away from other dwellings. A recent visual inspection by our field
inspector indicated, we believe, that these reports are accurate.
We are of the opinion that since you have now been informed of the require-
ments of the Spokane County Zoning Ordinance, a period of 30 days, beginning
with your receipt of this letter, should be sufficient time in which to bring
your property into compliance by:
1) Relocation of the poultry in order that they be kept and maintained
the required 50 feet away from other dwellings.
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.
Page 2
July 20, 1981
Mr. Mike Hutsell
If the above mentioned time frame is insufficient, please contact this office
immediately in order that an equitable time frame might be established in
which your property will be brought into compliance with the ordinance re-
quirements.
If you wish to discuss these findings, have any questions, or believe these
allegations to be unfounded, please feel free to contact me at 456-3675.
Sincerely,
04A_,-IsksLAnssn
Mark Holman
Zoning Investigator
MH:db
i
June 29, 1981
Spokane County Planning Board
N. 721 Jefferson
Spokane, Wa. 99201
Dear Gentlemen,
ECEIVED
JUL 2 1981
SPOKANE COUNTY
PLANNING DEPARTMENT
I own a house located at S. 2115 Evergreen and the neighbor who owns the
property to the South of me at S. 2221 Evergreen, Mike and Janet Huttsel,
are raising chickens in their back yard. At the present time, I am renting
my house to a Mr. and Mrs. Bob Gust. The chickens have become quite a problem
this spring as the Huttsel's do not maintain the fence around their chicken
coup and their chickens are constantly in the Gust back yard and into their
garden. Also, the foul odor gets worse as each day becomes warmer with summer.
It is now to the_point the Gust's cannot even go into their back yard to
maintain their -garden because of the odor.
Therefore, I would like to register an official complaint about this problem.
We would like to have the chickens removed as I am sure raising chickens in
a residential neighborhood is against the zoning regulations.
Please check this out and if you have any questions please call me at my
office, 922-0833, or my home, 928-8442. Thank you.
Very truly yours,
Ed Anderson
EFA:cda
CC: Bob Gust
Wolff & Walker, Inc. Realtors South 323 Pines Spokane, Washington 99216 (509) 922-0838
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