ZE-41-69
~
No a 374 .
BEF4RE THE BOARD OF COUNTY CONIMISSIONERS OF SPQKANE COUNTY, WASHINGZ-ON o
ZE..M-6g )
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]X ME PAT= Gr CBaMINa THE ZoNM MAP BM )
R-ZST-Sl- -ilaw g=jrven7a Tp MOI`TI= FAKII'T ~ R E S 0 L U T I 0 N
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MAT 0 3 IPI S=CN 179 '1''ObNSM 25 N., RJINdE 449 )
E.M.Il., SP'OlGM COMfff• W-AS-1-U1~O~i. ~
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The above-entitled matter coming on regularly for hearing before the Board of County
Commissioners of Spokane County, Washington, on this day, and it appearing to the
Board that the Spokane County Planning Commission has given due notice of the hearing
on the matter in the manner and for the time provided by law; that said Planning
Commission has held a public hearing as required; and that the said Planning Commissic;
concurps in t.he pl3n to zone the following described property as:
AIULTIPLE FAMZLY SU$iJRMM t
fte 8 1/2 oi Lot 49 Hlock ? md the East 192 iMt oi tbs U lfZ ot IOt St SLock ?
oi OpportunitY Plat 03 ia "atiaa 1?• 10&►4 P 25 • AmW 449 E.V.H., 8poiraaw CoMlT•
M .
NOW, THEREFORE, BE IT RESOLVED, that the above-described ro ert be and the same
hereby is zoned under the classification of F~
as defined in the Zoning Ordinance of Spokane County, adopted August 25, 1953, as
amended.
,
PASSED BY THE BOARD THIS DAY OF , 19l~0
ATTEST: BOARD OF COUNTY COMMISSIONERS
OF SPOKANE COUNTY, WASHINGTON
VERNON W o OHLAND
Clerk of the.Board
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This is to certify that this is a
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true and correct co y of ,el,.+,~~, „
Resolution Noe 0 74 4iALL
passed by the Board this /.5`
day.. o f 0 ,
I here~y certify that have posted
the above changes and revisions on
the Zor_ing Map in the Building Codes
Uepartment, and do further certify
that the zone classification change
is the same as described above and
s h o w n o4'thh attached map.
SIGNED:
DATED:
i
.
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MINUTES
july 31, 19 69
ZONE CHANGE
ZE-41-69 - RESTRICTED RESIDENTIAL TO MULTIPLE FAMILY SUBURBAN OR
RESIDENTIAL OFFiCE: KILGORE AND KIVETT
(This proposed zone change was referred back to the Planning
Commission by the Board of County Commissioners for further
discussion.)
Planning Commis sion Recommendation; Approve to Multiple Family
Suburban for the following reasons:
A. Reasons:
1. The subject properties are located between property with frontage
on Sprague Avenue and property presently occupied by a sixteen
unit apartment building. The Planning Commfssion notes that the
subject properties will eventua3ly be surrounded in part by either
Residential Office or Multiple Family Suburban zoning and this,
compiled with surrounding existing duplexes and apartments,gives
reason for considering the subject property fitting for high dens~.ty
residential use.
2. The Comprehensive Plan for the area in question indicates either
high density residential or office type land use for the Sprague
Avenue frontage properties with low density single family
residential land use to the north of the Sprague Avenue frontage
propertie s.
3. Surrounding land use; East - single family residential; south -
single family residential; west - duplexes on individual lots; an~?
to the north - apartments and single family re sidence s.
Surrounding zoning: North - Restricted Residential; east -
Restricted Residential; south - Restricted Residential (approvE.i
to Re sidential Office); and to the we st - Multiple Family Su.bui-ban,
B. BackQround:
1. At the Planning Commfssion's A,pril 24, 1969 meeting the
applicants appeared before the Commission requesting their single
family residential property be zoned to a Multiple Family Subt.rban
or a Residential Office zoning classification, thereby enab.ling
them to dispose of their single family residential property,
- 1 - ( con t;? . )
ZE-41-69 - RESTRICTED RESIDENTIAL TQ rAULTIPLE FAMILY St? B?JRB?1N
R.ESI~ENTIAL OFFICF (contd)
The Planning Commis sion, at their Apnl meeting, did recomm.er.c
to the Board of County Commissioners a change of zoning to
"Residential Office" for certain properties fronting on SpragLr,
Avenue located between Farr and Balfour Roads. However, tl_.
subject property is located to the north of the Sprague Avenuc
frontage properties with lot frontage only on W$lnut Road.
2. The Planning Commis sion considered the proposed zone changQ
at their june 26, 1969, hearing and recommended to the Board of
County Commissioners that only the southerly portion (Kivett
property) be changed to the "Residential Office" zone classifica-
tion. The Board of County Commissioners considered the
recommendation and referred the matter back to the Planning
Commission for further consideration and with the recommendation
that both propertie s be clas sified in the saane cla s sificat ion .
C. General Data;
1. Location: Section 17 ~ Township 25 N., Range 414, i V1P,ri .
The 3 1/2 of Lot 4, Block 7 and the East 192
feet of the N 1/2 of Lot 5, Block 7 of
Opportunity Plat #30
2. Applicants; Mrs. Bessie Kilgore Mr. G'Len W. Kivett
North 105 tillalnut Rd North 17 VValriit Rci
Snokane, Washington Spokarle, VJasl•_ngLo.
3. Site Size; Approximately 1.4 acres
Existing Zoning; Restricted Residential, established
December 21, 1965
S. Proposed Zoning; Mulriple Family Suburban or Residenti.31
Gffice
6. Proposed Use of
Property: To be determined
7. Application of Zoning
Provision: Chapter 11.21
-2-
DANIEL W. GIBONEY
ATTORN&Y AT I.AW
803 Sherwood Bu i Idi ng
West 510 Riverside Avenue Telephone: MAdison 4-0161
Spokane, Washington 99201 Area Code 509
July 25, 1969
Spokane County Planning Commission
Spokane County Court House
Spokane, Washington
De ar S i rs :
On Thurs day , July 31, 19 69 , you are s cheduled to he ar at
item No. 1, a referral back from the County Commi.ssioners
of application of Bessie Kilgore and Glen W. Kivett to
change the zoning of North 17 - 105 Walnut Road.
I expect to be present to personally object to any change
of zoning from Restricted Residential which was established
at the request of the awners of the property on Walnut Road
north of Sprague Avenue. This letter is to point out form-
ally the desires and opinions of the great majority of the
property owners along Walnut Road.
The desirable purpose of zoning is to confine like uses of
land to previously determined areas. This results in a
border line between different zones being established. This
border line must be located somewhere definite and to
accomplish the purposes of zoning it must be of reasonable
permanence. In our area of Sprague Avenue, Farr ROad to
University Road, the zone classes and boundary lines have
had the permanence of unconfined water. our efforts to
protect our homes from the bright and shiny used car lots
and all night hot dog stands have been before your board
continually for the past twenty years or longer.
RECEI-VELJ
J U L 1969
SPOKAiVt CvUiJ 7'Y
PLANNING f OMMISSION
DANIEL W. GIBONEY
ATTORN&Y AT I AW
803 $herwood Bu i Idi ng
West 510 Riverside Avenue Telephone: MAdison 4-0161
Spokane, Washington 99201 Area Code 509
July 25, 1969
page 2.
This county zoning was first established at the request
of the owners and I believe that this was the first area
in the county which was zoned. Ever since that time,
commercial interests have, with their offers of profit,
seduced each owner and their property in turn and
stilled the voices of objection.
I ask that you protect our homes and retain the restricted
residential zoning on both the Kivett and the Kilgore
property.
Very truly yours,
;
Daniel W. Giboney ~
d
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JULY AGENDA SPOKANE COUNTY COURT HOUSE
SPOKANE COUNTY flLANNING COMNIISSION FA 8-1551, Ext e 224 - 221
Time: Thursday, July 31, 1969, 9:00 A.M.
Place: Assembly Room, County Court House
ZONE CHANGE
1. ZE-41-69, Restricted Residential to MultiDle Family Suburban or Resiclential
Of fice
(Referred back to the Planning Commission by the Board of County Commissioners
for further consideration)
a. Location: Section 17, Township 25 Ne, Range 44, E.W.M.
The S 1/2 of Lot 4, Block 7 and the East 192
feet of the N 1/2 of Lot 5, Block 7 of
Opportunity Plat #3•
b. Applicants: Mrso Bessie Kilgore Mr. Glen W. Kivett
North 105 Walnut Road North 17 Walnut Road
Spokane, Washington Spokane, Washington
co Site Size: Approximately 1.4 acres
de Existing Zoning: Restricted Residential, established
December 21, 1965
eo Proposed Zoning: Multiple Family Suburban or Residential Office
f. Proposed Use of Property: To be determined
g. Application of Zoning Provision: Chapter 4.21
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SPRA~uE A~E.
1
July 14, 1969
Mrs. BesBie L. Kilgore
North 105 Walnut Itoad
5pokane, Washington
Dear Mrs, Kilgore:
We have received your letter of July 8, 1969, and 1iave
reviewed the recommendations of the Planriing Commission
wiCh respect to your property and the property at North
17 4qalnut :Zoad.
We dre appreciative of your comments dnd of the problems
you mention and have consequently referred the niatter
back to the Planning Comaission for further consideration,
with the reccymmendation to the Commission that they conaider
the sanie classification for both parties. There will conse-
qurently be further consideration by the Flarnning Canmission
at their next hearing July 31, 1969.
SiACerely,
Bt}ARD 0F COUITTY COPMI S S IQNE'.S
W. G. A11eri
Chairman
00A:e11 R E C E I V E L `
J U L 1 1969
SPUrCafVt GOU~vTY
PLANNING rOMMISSiON
' •
July 8, 1969 RECEIVIED
J U L 10 1969
Mr. W. 0. Allen, Chairman
County Commissioners for Spokane County SPOKANE CuUNTY
Spokane County Courthouse PLANNING rOMMISSION
W. 1116 Broadway Avenue
Spokane, Washington99201
RE: Zone Change ZE-41-69
Gentlemen:
On Thursday, June 26, 1969, the Spokane County Planning Commission
considered the above-number Zone Change petition; namely, to change from
Restricted Residential to Residential Office certain lots on the West
side of Walnut Road lying North of Sprague Avenue immediately adjacent
to a strip of property along the North side of Sprague Avenue which is
now zoned for Residential Office.
Subsequent to the Planning Commission hearing, the Commission de- I
cided to recommend for your approval a zone change to Residential Office
for the property owned by Glen W. Kivett, N. 17 Walnut Road, but disallowed
a similar change for the parcel of land owned by the undersigned, Mrs.
Bessie L. Kilgore, N. 105 Walnut Road. This disallowal is the reason for
this letter.
This particular piece of property has a frontage on Walnut Road of
approximately 125 feet and a depth of approxima.tely 300 feet. It lies
just South of the controversial Guthrie Apartment House project which was
the subject of many hearings and litigations in the late fall of 1965.
For many years, the land at N. 105 Walnut Road was the third domicile
North of Sprague along the West side of Walnut Road. The Guthrie project now occupies what originally was the fourth domicile North, while the
Kivett property is the second domicile North of Sprague.
In 1965, in an abortive effort to halt the Guthrie Apartment House
project, the undersigned and other interested parties petitioned the
County Planning Commission to have an extensive area of land on both
sides of Walnut Road re-classified as Restricted Residential in order to
protect the long-standing residential characteristics of the neighborhood.
The petition was granted, and the land was re-classified, including the
property at N. 105 Walnut Road, but the Guthrie project was excluded from
the zoning requirements as it was already underway, the commission con-
tended.
In the meantime duplex units facing on Sunderland and immediately ad-
joining undersigned's property on the West, have been constructed and oc-
cupied. So the undersigned finds herself in the position now in view
of the County Planning Commission's latest finding of being a Restricted
Residential parcel sandwiched in between a 16-unit apartment house, three
duplexes, and a Residential Office Building tract. This, the undersigned
feels, is not a desirable position to be in.
The undersigned has resided continuously at N. 105 Walnut Road since
acquiring this property in 1937. Being 66 years of age, the undersigned
feels strongly about living out her remaining years on this property, or
as long as she is able to ma.intain it or until the Residential-Commercial
pressures get too strong. As this property represents her largest single
possession of value, undersigned is keenly aware of the monetary loss she
will have to take in this property if for any reason in the future she has
to dispose of it particularly if this property remains in a Restricted
• Residential category surrounded on three sides by the success symbols of
business apartment houses, duplexes, office buildings and the like.
Undersigned feels it is an unwarranted and unnecessary confiscation of her
wealth to leave her property so situated. Therefore, undersigned respect-
fully asks the Commissioners of Spokane County, meeting in session July
10, 1969, to overrule the recorrmiendations of the Spokane County Planning
Commission as follows:
I
(1) Grant to the property at N. 105 Walnut Road the same privileges
given to the property at N. 17 Walnut Road; namely, re-classify this land
to Residential Office Buildings; or
(2) Failing that, return to the property at N. 105 Walnut Road the
classification of Multiple Family Suburban, which would open up a broader
market potential for undersigned if it ever becomes necessary for her to
dispose of her property.
Much has been said at other hearings about the importance of main-
taining the flavor and character of residential neighborhoods and the
need to protect them from the encroachment of corrBnercialization. Much has
also been said about the evils of strip development, such as now exd.sts
along Sprague Avenue. I
As much as the undersigned might agree with all of these arguments,
the fact does remain that the neighborhood has been encroached upon, in
many different ways and in ways which cannot be stopped or turned back,
and further, that a strip development does exist along Sprague Avenue
and has for many, many years. All undersigned asks is the chance to pro-
_ tect as best as possible the true and fair value of her property which
is, and has been, her home, and which constitutes her largest single asset. .
Failure of the County Commissioners to act in her behalf in this matter
will in fact cause great economic loss to the undersigned, as well as deep
feelings of frustration that go with the knowledge that she is trapped in
the middle of a pseudo-commercial pocket with no way out save at great
loss of money.
Respectfully yours,
/
t
(Mrs.)Bessie L. Kilgore
_ ,
MINUTES
june 26, 196'
ZONE CHAIVGE
ZE-zi1-69 - RESTRICTED REuIDEiVTIAL TO IVL-ULTIPLE FAiILY SUBURBAN OR
RESIDENTIAL OFFICE; KILGORE, KIIJETT
Planning Commis sion Recommendation; AUrove to Re sidential Office the
followinct described propertv: The East 192 feet of the North 1/2 of Lot 5, Block
7 of Opportunity Plat #3 in Section 17 r Township 25 N. , Ranqe 44, E. JV . N.,
Spokane Countv, VJashington.
A. Reasons;
1. The Planning Commission recommends the change of zoning for only
one lot of the two lots contained in the applicants' proposal because
it is the only lot to be surrounded on three sides by "Residential
Office" zoning and professfonal office development.
The Planning Commf s sion doe s not recommend any further extension
of the Residential Office zoning past U[r. Kivett's property because
of the encroaching effect it would have on existing residential
propertie s to the east acros s VJalnut Road.
2. Surrounding Iand use: East - single family residential; south -
single family residential; «vest - duplexes on individual lots; and
to the north - apartments and single family residences.
3. Surrounding zoning; North - Restricted Residential; east - Restrictec
Residential; south - Restricted Residential (approved to Residenti~d
Office); and to the west - NIultiple Family Juburban.
B. General Data:
1. Location: Section 17, Township 25 N. , Range 44, EVv M.
S 1/2 of Lot 4, Block 7 and the East 192 feet
of the N 1/2 of Lot 5, Block 7, of Opportunity
Plat #3.
2. Applicants: Mrs. Bessie Kilgore Mr. Glenn Kivett
North 105 Walnut Road North 17 VIlalnut Rd
Spokane, VUashington Spokane, VVash.
3. Site Size; Approximately 1.4 acre s
4. Existing Zoning: Restricted Residential, est. Dec. 21, 1965
5. Proposed Zoning: Muitiple Family Suburban or Residential
Office
6. Application of Zoning
Provision: Chapter 4.21
7. Proposed Use of Property; To be determined
-7 -
P E T I T I O N
WHEREAS, Mrs. Bessie Kilgore, North 105 Walnut Road, and
Mr. Glen W. Kivett, North 17 Walnut Road, have applied to the
Planning Commi.ssion to change the zoning of their property from
Restricted Residential to Multiple Family Suburban or Residential
Office and said application is to be heard by the Planning
Commission on June 26, 1969, and
WHEREAS r we, the undersigned, reside on Walnut Road within
the present Restricted Residential zone established at our request,.
NOW THEREFORE, we believe that there has been no change in
the character of our neighborhood which would warrant this
proposed degrading of our zoning. We request the Planning
Commission to deny this proposed zone change.
Name Address
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ZE-41-69
In the matter of a hearing to consider changing the Zoning Map from Restricted 8eaidential
to Multiple Famil9 Suburban or Residential OffierprcbBlo k?elalltof
S 1/2 of I,ot 49 Block 7 and the East 192 feet of the AT 1/2 of Lot S,
Opportunity P'lat #3 in,Section 17, Township 25 Ne, Range 44, E.WeM., Spokane County,
Washingtona
(North of Sprague Avenue on the West side of Walnut Road)o
AFFIDAUIT OF POSTING
STATE OF WASH I NGTON )
) SS e
couiVv oF spoKANE ~
~ Being first dulY sworn9 dePoses and saYs:
~
That at all times mentioned heretn ho wras9 and now is9 a citi2en of The United
States9 a resident of Spokane County9 Washington9 and over the age of twenty-one
yearse
E
That on 19(0~ 9 he personally posted three (3) true
and correccopies of^the hereto attac ed NOTlCE OF PUBLIC HEAFiING at the
following places in Spokane County9 to-wita
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NOT RY PU i C! N AND FOFt SPOKANE COU~;TY 9 WASH 1(VGTON"` r.
Res t d i ng a t Spo kane 9 VJas fi 1 ng ton
JUNE AGENDA SPQKANE COUNTY COIIRT HOUSE
SPOKANE COUNTY PLANNING CONIMISSIQN FA 8-1551 , Ext o 220 - 221
Time: Thursday, June 26, 1969, 9:00 A.M.
Place: Assembly Room, County Court House
ZONE CHANGE
5. ZE-41-69, Restricted Residential to Multiple Famil,y Suburban or
Residential Office
ae Location: Section 17, Township 25 Na, Range 44, E.W.M.
S 112 of Lot 4, Block 7 and the East 192 feet
of the N 1/2 of Lot 5, Block 7, of Opportunity
Plat #30
bo Applicants: Mrso Bessie Kilgore Mro Glen W. Kivett
North 105 Walnut Road North 17 Walnut Road
Spokane, Washington Spokane, Washington
co Site Size: Approximately 104 acres
do Existing Zoni.ng: Restricted Residential, established
December 21, 1965
eo Propoaed Zoning: Multiple Family Suburban or Residential Office
fa Application of Zoning Provision: Chapter 4e21
go Proposed Use of Property: To be determined
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