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1990, 09-20 Permit App: 90004782 DuplexT 1 ' "i•V' ' ' - ' .' ,.PF BUILDINGS POKANE COUtIT,' VENUE: -='Y It 1- 'I'V , • irl910. :i. • rm ,.. ._, tiou 1 ' 1 it,nrirri)ilt1'1_1: 1 fi s=.1c,r.t),,inc (1:,rly dg=4,,, to to,,1,4):==-= ta =i,==,.; ,,,, appic.e.or= .4.0f oe and 1.,`,(14t4314-1,-41 the h.,,ISPECJI=7,1N RE(._==f-iPvIENTS,NOTICE 3i M3 c:- ,„,.„.-, to =,,,1,1c),==?Ik privarri=r,,- it,=a, t po f ' ‘4„,,),,44 yo`t Le ,-,p1 ed ,,,,,t?: whethOr tpt_ac,f)el '''' '1., '''':-A'I'lf '1'; :,':4•f“;01P.:1' '''''1,, ''t ' i•(: :.1 APP1:0 • 40, '::,' Cfr ='=,:a •=,. 1.= 7„%,c,q,-, wi=-"y stiFj' not b*.•,ofis.,J,J*d to 4 ' ' 4' ,-7 -) :' ),,- .4% 4 =. r -='7,7,1t,.,=-, i'1)4.),()P OS .'); atill'ff ' t, 4,41"4,.t,, r,t,41,4;ttl,itt.,a4on7,,t tianytittitiiiktital = r 11, j1, fL 54 H-1= F'F APrLICATiON 1--A) T T ( .1!.4 44, A -it *t r, 444) 14: fir ai,4“4- :pi-1(XX XOtit****iifiCii f '1=P=F=. I T 27 It EX • '4=8t,;..?')!!:= A'';41.% r.) 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NIL ''' ttti "....)i i.- ..,.-- i. --i-- 7-7, g ..v: T., ..,• 4, , •=, ,-. 0,TH, 40, ..,.. 4 . w It 04-1* 4==t X ******** ("O'i FAC7r=c;' PROrt; Flk N rix,) •.) 1 »NK`i'ikf .004* **K 4‘ ( )4 . 1 1)1 ' 514') ..'1-{'' CI 1 p '' '''" - ),,• '• .... t , ' ==. r4, ,, 8 i '4,4'..7•P'..'""'''' ,,, ...,./ 1 C., A.,,,.4 ),,,,, c , , ,- ct• i 1 ,'' --=',,== Al ' 4: ZONING ADJUSTOR SPOKANE COUNTY, WASHINGTON IN THE MATTER OF A CONDITIONAL USE ) PERMIT FOR A DUPLEX IN THE ) FINDINGS OF FACT, AGRICULTURAL ZONE ) CONCIONS KAREN GERTSON [CUE -27-89]; ) DECISION AND'ORDER PARCEL NUMBER 07544-0127 / ADDRESS: East 8509 Knox APPLICATION DESCRIPTION: The applicant proposes to place a duplex on a lot having approximately 15,000 square feet. Section 4.04.170 of the Spokane County Zoning Ordinance allows this use with the issuance of a Conditional Use Permit. PROJECT LOCATION: Generally located at the northeast corner of the intersection of Marguerite Road and Knox Avenue in the SE 1/4 of Section 7, Township 25N, Range 44EWM. The property is addressed as East 8905 Knox. 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 August 23, 1989, and having visited the site, the Zoning Adjustor rendered a written decision on September 8, 1989. FINDINGS OF FACT AND CONCLUSIONS 1. The proposal is to add a separate dwelling unit to an existing single family residence. The site plan submitted demonstrates all requirements of the Zoning Ordinance Section 4.24.540 can be complied with. 2. The adopted Spokane County Future Land Use Plan designates the area of the proposal as Urban. The proposed use is generally consistent with this category. 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 commercial uses along Argonne, single family homes and duplex residences which are compatible with the proposal. 5. The proposal is exempt from the provisions of Chapter 43.21C RCW pursuant to WAC 197-11-800 6 (b). CUE -27-89 • • SPOKANE COUNTY ZONING ADJUSTOR PAGE 2 6. The applicant has been advised of various conditions recommended by County departments reviewing the proposal and has indicated she can satisfy the proposed conditions. 7. The applicant submitted photographs of the property in question and an assessor's map which was coded to show existing duplexes in the area. 8. The Zoning Adjustor notes that there are already ten duplexes within one block of the proposal which indicates the proposal will be consistent with the development pattern of the area. 9. That Knox Avenue is designated a Collector Arterial which anticipates a 70 foot right-of-way. It is appropriate to require the applicant to maintain reasonable setbacks from Knox Avenue in accord with the Arterial Road Plan. This would require a 30 foot setback from the existing right-of-way. The site plan submitted shows only a 26 foot setback, however, there appears adequate room to adjust the plan to conform to the 30 foot front yard setback proposed by the Arterial Road Plan. 10. The proper legal requirements for advertising of the hearing before the Zoning Adjustor of Spokane County have been met. 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 appltto the applicant/owner. I. PLANNING DEPARTMENT 1. The applicant shall develop the property generally in accordance with the site plan submitted to the file and which was reviewed at the public hearing except that a 30 foot front yard setback will be maintained for future arterial improvements. 2. The property shall not be subdivided for the purpose of sale, lease or transfer except as may be allowed under Chapter 58.17 R. C. W. and local subdivision regulations. 3. Spokane County Planning Department record with the County Auditor a "Title Notice," prepared and signed by the applicant, for a future acquisition area for road right of way and utilities to run with the land The future acquisition area reservation shall not be removed without prior approval by the Spokane County Planning Department. The notice shall be recorded prior to the issuance of a building permit and shall provide the following: a. At least 5 feet of future acquisition area for road right of way and utilities, in addition to the existing right of way, along Knox Avenue. CUE -27-89 SPOKANE COUNTY ZONING ADJUSTOR PAGE 3 b. The future acquisition area, until acquired by Spokane County, shall be private property and may be used as allowed in the zone except any improvements (such as landscaping, parking, surface drainage, drainfields, signs, or others) shall be considered "interim" uses. c. The property owner shall be responsible for relocating such "interim" improvements at the time Spokane County makes roadway improvements after acquiring said future acquisition area. II. DEPARTMENT OF BUILDING & SAFETY 1. The issuance of a building permit by the Department of Building and Safety is required. 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 and Health Services. 2. Disposal of sewage effluent beneath paved surfaces is currently prohibited. . 3. Subject to specific application approval and issuance of permits by the Health Officer, the use of an individual on-site sewage disposal system may be authorized. 4. Use of private wells and water systems is prohibited. VI. ENGINEERING DEPARTMENT 1. The applicant should be advised that an approach permit must be obtained form 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. 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 dedication shall state: "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 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 objecting to any assessment(s) on the property as a result of . y• CUE -27-89 SPOKANE COUNTY ZONING ADJUSTOR PAGE 4 improvements called for in conjunction with the formation of a UL1D by either petition or resolution method under RCW Chapter 36.94." 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 O day of 1989. 19►ouglas S. Adams Zoning Adjustor Spokane County, Washington FILED - 1) Applicant (Certified/Return Receipt Mail) 2) Parties of Record 3) Spokane County Engineer's Department 4) Spokane County Health District 5) Spokane County Department of Building & Safety 6) 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. 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