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1990, 12-07 CUE-32-90 Findings of Fact, Conclusion, DecisionZONING ADJUSTOR SPOKANE COUNTY, WASHINGTON IN THE MATTER OF A CONDITIONAL ) USE PERMIT FOR A MANUFACTURED ) FINDINGS OF FACT, HOME AS A TEMPORARY RESIDENCE ) CONCLUSIONS, FOR A DEPENDENT PERSON ) AND DECISION CUE -32-90 OLE MELLOM COMPANION FILES: CE -518-90 ) ADDRESS: 1209 N. GREENACRES PARCEL NUMBER: 55181.2230 APPLICATION DESCRIPTION: The applicant, Ole Mellom, a dependent person, proposes to temporarily place a manufactured home on a parcel of land, in addition to the existing primary residence, as a residence other family members to provide care for him and his family. Sections 4.04.170jj and 4.24.560 of the Spokane County Zoning Ordinance allow this use upon issuance of a conditional use permit. Authority to consider such a request exists pursuant to section 4.25.030 a. of the Spokane County Zoning Ordinance. PROJECT LOCATION: Generally located in eastern, central Spokane Valley Area, west of and adjacent to Greenacres Road at Boone Avenue in the NE 1/4 of Section 18, Township 25N, Range 45EWM, Spokane County, Washington; 1209 North Greenacres. OPPONENTS OF RECORD: NONE PUBLIC HEARING AND DECISION: After consideration of all available information on file, exhibits submitted and testimony received during the course of the public hearing held on November 19, 1990, and the Zoning Adjustor rendered a written decision on December 7 ,1990 to APPROVE the application. The annual date of expiration of this permit is January 2. FINDINGS OF FACT AND CONCLUSIONS 1. The proposal is described above and detailed in documents contained in the file. 2. The adopted Spokane County Comprehensive Plan designates the area of the proposal as Urban. The proposed uses are generally consistent with this category and complies with RCW 36.70.450. 3. The site is zoned Agricultural, which allows the proposed use upon approval of this application. 4. The existing land uses in the area of the proposal include residential, with an abandoned railroad right of way to the south, 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 (1) (c) and Spokane Environmental Ordinance 11.10.070 (1) (a). CASE NO.CUE-32-90 SPOKANE COUNTY ZONING ADJUSTOR PAGE 2 6. The applicant has been made aware of the recommendations of various County agencies reviewing this project and has indicated those recommendations are acceptable. 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. Although the site plan depicts a driveway access across the south portion of the property, the stated intention of the applicant is to not install a driveway, except as may be without an easement, over and across the lot immediately to the south. The manufactured home is accessible for emergency purpose from the south and about 167 feet from N. Greenacres Rd., and adequate fire protection can be provided (as indicated by Fire District #14. 10. The applicant has indicated understanding of: (a) the limitations imposed under the terms of Section 4.24.560 of the Spokane County Zoning Ordinance; (b) that if a 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. 11. The applicant has submitted the required form signed by a licensed physician (or equivalent) regarding the need for dependent care, and sufficient need is found to exist. 12. The applicant and the Zoning Adjustor discussed at what point the temporary manufactured home would be considered "unoccupied," from the standpoint of triggering the forty-five (45) -day removal period. The Zoning Adjustor's interpretation is that point at which the dwelling unit is clearly no longer needed by the named occupants; that is, nonpermanent visitations or stays in extended -care nursing home facilities, etc., would not cause the triggering of the forty-five (45) -day removal period. 13. 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. 14. The proposal will be detrimental neither to the Comprehensive Plan nor to the surrounding properties. 15. Fire District 1 requires clear posting of address numbers on N. Greenacres Road. DECISION From the foregoing Findings and Conclusions, the Zoning Adjustor APPROVES the proposal, subject to compliance with the following CASE NO.CUE-32-90 SPOKANE COUNTY ZONING ADJUSTOR PAGE 3 CONDITIONS OF APPROVAL The following conditions shall apply to the applicant, owner and successors in interest and shall run with the land. I. GENERAL 1. The following conditions shall apply to the applicant, owner and successors in interest and shall run with the land. 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 as are appropriate. 3. The Zoning Adjustor may administratively make minor adjustments to site plans or the conditions of approval as may be judged by the Zoning Adjustor to be within the context of the original decision. IL PLANNING DEPARTMENT 1. This parcel shall not be further subdivided unless consistent with RCW 58.17, the various county subdivision regulations and the Spokane County Comprehensive Plan for the area. 2. The manufactured home shall be occupied by either the dependent relative(s) and family, or by the family (of the dependent relative) providing care to the dependent relative owning and occupying the principal residence. 3. 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. 4. The initial renewal date shall be the first business day of the month occurring after 12 entire months pass since the date of this decision (January 2, 1992). 5. 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. III. DEPARTMENT OF BUILDINGS 1. The issuance of a building permit by the Department of Buildings is required. CASE NO.CUE-32-90 SPOKANE COUNTY ZONING ADJUSTOR PAGE 4 2. Requirements of Fire District No. 1 need to be satisfied during the building permit process. 3. Addressing shall be on N. Greenacres Road with 4 inch high letters, readily visible form the roadway. IV. 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. Any water service for this project shall be provided in accordance with the Coordinated Water System Plan for Spokane County, as amended. V. HEALTH DISTRICT 1. Sewage disposal method shall be as authorized by the Director of Utilities, Spokane County. 2. Water service shall be coordinated through the Director of Utilities Spokane County. 3. Water service shall be by an existing public water supply when approved by the Regional Engineer (Spokane), State Department of Social & Health Services. 4. 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. VI. SPOKANE COUNTY ENGINEER'S OFFICE 1. 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. VII. SPOKANE COUNTY FIRE PROTECTION DISTRICT NO. 1 1. Addressing shall be consistent with III 3. above. NOTICE: PENDING COMPLETION OF ALL CONDITIONS OF APPROVAL WHICH NEED TO BE COMPLETED PRIOR TO PERMIT ISSUANCE, PERMITS MAY BE RELEASED PRIOR TO THE LAPSE OF THE TEN (10) -DAY APPEAL PERIOD. CASE NO.CUE-32-90 SPOKANE COUNTY ZONING ADJUSTOR PAGE 5 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 l'day of December, 1990. THOMAS G. 1 SHER, AICP ZoningAdjustor Spokane County, Washington FILED: 1) Applicant (Certified/Return Receipt Mail) 2) Opponents of Record 3) Spokane County Engineer's Office 4) Spokane County Health District 5) Spokane County Utilities Department 6) Spokane County Department of Buildings 1) 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 Fhb. 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).