Loading...
1990, 01-08 Zoning Adjustor Findings of Fact, Conclusion, DecisionZONING ADJUSTOR SPOKANE COUNTY, WASHINGTON IN THE MATTER OF A PROPOSED YARD SETBACK VARIANCE [VVE-90-89] L & J BUILDERS ADDRESS: 8209 GRACE AVENUE APPLICATION DESCRIPTION: 3 .)2 0 Ci 7 c c FRONT) ) FINDINGS OF FACT, ) CONCLUSIONS, ) DECISION AND ORDER PARCEL NUMBER: 07542-3606 The applicant proposes a front yard setback of 42' 7", whereas Section 4.05.110 (a 1) and 4.25.030 (b.) of the Spokane County Zoning Ordinance requires a minimum 55' front yard setback from the centerline of the roadway right-of-way for this property. The proposed garage will maintain a 25 foot setback from existing right-of-way. Authority to consider such a request exists pursuant to Section 4.25 of the Spokane County Zoning Ordinance. PROJECT LOCATION: Generally located north of and adjacent to Grace Avenue west of Vista Road in the NW 1/4 of Section 7, Township 25N, Range 44EWM, Spokane County, Washington. OPPONENTS OF RECORD: NONE PUBLIC HEARING: After consideration of all available information on file, exhibits submitted and testimony received during the course of the public hearing held on December 27, 1989, the Zoning Adjustor rendered a written decision on January 8, 1990. FINDINGS OF FACT AND CONCLUSIONS 1. The proposal is described above. 2. The adopted Spokane County Comprehensive Plan designates the area of the proposal as Urban. The proposed uses are generally consistent with this category. 3. The site is zoned Agricultural Suburban, which allows the proposed use upon approval of this application. 4. The existing land uses in the area of the proposal include primarily single family residence on urban sized lots, all of which are compatible with the proposal. 5. The proposal is exempt from the provisions of the Washington State Environmental Policy Act, Chapter 43.21C RCW pursuant to WAC 197-11-800 (6) (b). 6. The applicant has been made aware of the recommendations of various County agencies reviewing this project and of his right to appeal condition he feels are not appropriate. No sight distance problems or other concerns were noted by the reviewing agencies. CASE NO. VE -90-89 SPOKANE COUNTY ZONING ADJUSTOR PAGE 2 7. The proper legal requirements for advertising of the hearing before the Zoning Adjustor of Spokane County have been met. 8. No adverse testimony or written comments were received regarding the proposal. 9. A field investigation by Planning Department personnel established that adjacent residences maintained a setback similar to that proposed by the applicant. 10. The applicant testified that the strict application of the Zoning Ordinance would break up long established setback lines and detract from the value of his residence and possibly adjoining properties. 11. Applicant was made aware that future road improvements may be made to Grace and that some additional front yard area may be lost. 12. The granting of the variance will further an established neighborhood design without hardship to adjoining properties. 13.With the conditions of approval set forth below, the variance will: a) not constitute a grant of special privileges inconsistent with limitations on other properties in the vicinity and similar zone; b) ensure that the intent and purpose of the Zoning Ordinance is achieved with regard to location, site design, appearance, and landscaping, etc; and c) protect the environment, public interest and general welfare. 14. Granting the variance will be neither materially detrimental to the public welfare nor injurious to property or improvements in the vicinity and zone. DECISION From the foregoing Findings and Conclusions, the Zoning Adjustor APPROVES the proposal, subject to compliance with the following CONDITIONS OF APPROVAL The following conditions shall apply to the applicant, owner and successors in interest and shall run with the land. I. PLANNING DEPARTMENT 1. The applicant develop the property in conformance with he site plan submitted to the file . 2. The structure not locate closer than twenty-five feet to the front property line. CASE NO. VE -90-89 SPOKANE COUNTY ZONING ADJUSTOR PAGE 3 II. DEPARTMENT OF BUILDING & SAFETY 1. The issuance of a building permit by the Department of Building and Safety is required. III. UTILITIES DEPARTMENT 1. Pursuant to the Board of County Commissioners Resolution No. 80-0418, the use of on-site sewer disposal systems is hereby authorized. This authorization is conditioned on compliance with all rules and regulations of the Spokane County Health District and is further conditioned and subject to specific application approval and issuance of permits by the Health District. 2. 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 the 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. 3. Any water service for this project shall be provided in accordance with the Coordinated Water System Plan for Spokane County, as amended. 4. The dedication shall state: "Each new dwelling unit shall be double -plumbed for connection to future areawide collection systems." IV. HEALTH DISTRICT 1. Water service shall be by an existing public water supply when approved by the Regional Engineer (Spokane), State Department of Social & Health Services. 2. Subject to specific application approval and issuance of permits by the health officer, the use of an individual on-site sewage disposal system(s) may be authorized. V. SPOKANE COUNTY ENGINEER'S OFFICE 1. Prior to the release of a building permit, the applicant must sign and record with the Spokane County Auditor "SPOKANE COUNTY NOTICE TO THE PUBLIC NUMBER Six." This document specifies that the owners, heirs, successors or assigns agree to join in and not oppose or protest the creation of a Road Improvement District or County Road Project the purpose of which is the improvement of Grace Avenue. CASE NO. VE -90-89 SPOKANE COUNTY ZONING ADJUSTOR PAGE 4 2. An approach permit must be obtained from the County Engineer prior to the construction of any new driveway approaches. This must be done prior to the release of a building permit. NOTICE: PENDING COMPLETION OF ALL CONDITIONS OF APPROVAL WHICH NEED TO BE COMPLETED PRIOR TO PERMIT ISSUANCE, PERMITS CAN BE RELEASED PRIOR TO THE LAPSE OF THE TEN (10) -DAY APPEAL PERIOD. HOWEVER, THE COUNTY HAS NO LIABILITY FOR EXPENSES AND INCONVENIENCE INCURRED BY THE APPLICANT IF THE PROJECT APPROVAL IS OVERTURNED OR ALTERED UPON APPEAL. DATED this 8th day of January, 1990. ' DOUGLAS S. ADAMS Zoning Adjustor Spokane County, Washington FILED. 1) Applicant (Certified/Return Receipt Mail) 2) Parties of Record 3) Spokane County Engineer's Office 4) Spokane County Health District 5) Spokane County Utilities Department 6) Spokane County Department of Building & Safety 7) Spokane County Fire Protection District No.1 8) Planning Department Cross-reference File and/or Electronic File NOTE: ONLY THE APPLICANT OR AN OPPONENT OF RECORD MAY FILE AN APPEAL WITHIN TEN (10) CALENDAR DAYS OF THE ABOVE DATE OF SIGNING. APPEAL MUST BE ACCOMPANIED BY A $100.00 FEE. APPEALS MAY BE FILED AT THE SPOKANE COUNTY PLANNING DEPARTMENT, BROADWAY CENTRE BUILDING, NORTH 721 JEFFERSON STREET, SPOKANE, WA 99260 (Sections 4.25.090 and 4.25.100 of the Spokane County Zoning Ordinance).