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HomeMy WebLinkAbout2000, 04-17 Findings of FactBEFORE THE SPOKANE COUNTY DIVISION OF PLANNING IN THE MATTER OF A TEMPORARY USE PERMIT) FINDINGS OF FACT, TO ALLOW THE TEMPORARY STORAGE OF A ) CONCLUSIONS AND DUPLEX; TUE-2-00 ) DECISION Applicant: Craig Catlow ) THIS MATTER, an application for a Temporary Use Permit from Craig Catlow has been received and decided upon, pursuant to Section 14.510.000 (a) of the Spokane County Zoning Code, on the 17th day of April, 2000. FINDINGS OF FACT AND CONCLUSIONS 1. The individual signing below has further been properly delegated the responsibility for rendering decisions by the Director of Spokane County Division of Planning. 2. The applicant has requested a temporary use permit to allow the temporary storage of a duplex on an existing residential lot. 3. The subject property is generally located east of and adjacent to Houk Road and approximately 170 feet south of Tenth Avenue in the SW ''A of Section 22, Township 25 N., Range 44 EWM, Spokane County, Washington. 4. The subject property is approximately .93 acres in size, is generally flat and contains an existing duplex. 5. Surrounding land uses consist of single family and duplex residences on similarly sized lots. 6. The existing zoning of the property described in the application is Urban Residential -3.5 (UR -3.5), established in January, 1991. The proposed use does not conform to the requirements of the existing Urban Residential -3.5 (UR -3.5) zone. However, the applicant has requested a temporary use permit to establish the use under the provisions of Chapter 14.510 (Temporary Uses) of the Spokane County Zoning Code. 7. Chapter 14.510 of the Zoning Code allows the non-renewable, temporary use of a structure and/or premises in any zone classification for a period of not more than six (6) months, provided the use is of a temporary nature and does not involve the erection of a substantial structure. 8. The Spokane County Comprehensive Plan designates the subject property as Urban. The Urban category is intended to provide the opportunity for the development of a "citylike" environment with intensive residential uses. The proposed temporary land use is generally consistent with the Goals, Objectives and Decision Guidelines of the Urban category. 9. Agencies having a potential interest in this proposal were notified and comments solicited. 9. 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)(cXi) and the Spokane Environmental Ordinance 11.10.070(1)(a). 10. The Division of Planning may impose shorter time periods for temporary use permits as provided for under Chapter 14.510(a) wherein a permit may be granted for not more than a six (6) -month period. The Division is not required to issue all temporary use permits for six (6) - months, but rather it has the discretion to issue a permit from one (1) day up to six (6) months. 11. The Division of Planning finds that it is reasonable to limit the time period for which this permit is valid to six (6) months. The six (6) month time period provides the applicant the ability to complete a short subdivision in order to create a legal lot for the subject duplex. 12. This decision will be mailed to adjacent property owners as required by Chapter 14.514 of the Spokane County Zoning Code. DECISION BASED ON THE ABOVE Findings of Fact and Conclusions, Temporary Use Permit TUE-2-00, is hereby APPROVED until October 17, 2000. This decision is final unless appealed in writing, consistent with adopted appeal procedures and fees. This approval is subject to the conditions of approval listed below. CONDITIONS OF APPROVAL All the below conditions imposed shall be binding on the "Applicant", which term shall include the owner or owners of the property, heirs, assigns and successors. SPOKANE COUNTY DIVISION OF BUILDING AND PLANNING I. Any improvements or alterations to the land to accommodate the proposed use shall be of a temporary nature, and must be restored and/or removed, at the applicant's expense, upon expiration of the temporary use permit. 2. If a violation of any Condition of,Approval is found to be valid, the Temporary Use Permit shall be revoked and the applicant shall cease operations immediately. SPOKANE COUNTY DIVISION OF BUILDING AND CODE ENFORCEMENT 1. The applicant will need to apply and be issued a Temporary Permit in accordance with Chapter 9 of Title 3 of the Spokane County Code for the storage of the duplex. The Building Official may place such conditions as necessary to protect the public health, safety or welfare. APPROVED THIS 17th DAY OF APRIL, 2000 fulb TAMMY JONF9 Associate Planner Under State Law and County Ordinance, you have the right to appeal this decision to the Spokane County Hearing Examiner. If you desire to file an appeal, you must submit the appropriate Appeal Application together with the required Fee, payable to the Spokane County Division of Building and Planning, within fourteen (14) calendar days after the decision is issued. Upon receipt of a complete appeal application, a public hearing will be scheduled. If you have any questions, please call the Division of Planning at 477-7200. c: cSpokane.County Division of Building-and-Gode-EnforcementJ Craig Catlow Adjacent Property Owners Findings and Decision TUN -6-99 2