1983, 05-20 Code Violation Investigationr
BUILDING & SAFETY CODE VIOLATION INVESTIGATION
. Property Address North 1023 Mamer File Number
Directions (if nec.) Date Received 5-20-83
Investigator/
Inspector
Nature of Investigation Possible equipment storage Taken By
Date Resolved
78-483
Davis
/61/s/ 3
Occupant
Address
Owner
Ray A. Fields
Phone
Zip
Phone
924-5482
Address Zip 99216
Complainant
Address
7S- y131 3
Building ri
Unsafe Bldg
Fire
Zoning
1
Parcel No. 15541-1103;1104-
Legal
5541-1103_ 04"
Legal Description
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Applicable
Applicable Permit No.'s File No.'s
15-25-44
ZoninS of Property Agri
Effective Date
60-42
Sections of Code Applicable/to)J, C � j�/.' -2/0,-/0A)
Previous Violations
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Spokane County
department of building & safety
JAMES L. MANSON, DIRECTOR
August 3, 1983 CERTIFIED - RETURN RECEIPT REQUESTED
Mr. Larry Carpenter
North 1023 Maurer Road
Spokane, WA 99216
EQUIPMENT STORAGE/BUSINESS
It has been some time now since you were contacted regarding the storage
of truck trailers on your property, located at North 1023 Mamer Road,
Spokane County, parcel number 15541-1103.
On July 25, 1983, the Spokane County Planning Department was contacted to
see if you had submitted, as an alternative, an application as suggested
in a letter to you from the Planning Department dated June 24, 1983. It
was reported that no application has been received.
On July 28, 1983, a visual inspection by this office confirmed that
trailers are still being stored on your property. As stated in the June 24,
1983, letter, you were found to be in violation of Section 4.04.110(b) of
the Spokane County Zoning Ordinance, and subsequently given 30 days in
which to comply or submit an application.
Due to the length of time this matter has been pending, we are of the
opinion that a period of 14 days, beginning with your receipt of this letter,
should be sufficient extension of time for you to complete the process of
bringing your property into compliance with the requirements of the Spokane
County Zoning Ordinance. If these matters are not taken care of within the
previously mentioned 14 days, we will be unable to grant any further
extensions of time and will have no choice but to forward this case to the
Spokane County Prosecuting Attorney's Office for appropriate legal action.
A violation of the Spokane County Zoning Ordinance is a criminal offense and
does carry a penalty of, "...two hundred and fifty dollars ($250.00) or
imprisoned in the County Jail for a term of not exceeding ninety (90) days,
for each offense. Each day that a violation is permitted to exist shall
constitute a separate offense."
NORTH 811 JEFFERSON
• SPOKANE, WASHINGTON 99260.0050 • TELEPHONE (509) 456-3675
Page 2
Mr. Larry Carpenter
August 3, 1983
Please be advised that this is not a matter that will go away if ignored.
I am sure it is important to you, as it is to me, that we resolve this
situation quickly.
Thomas L. Davis
Zoning Investigator
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Copy to Steve Horobiowski, Planning Department
Robert Binger, Deputy Prosecutor, Prosecuting Attorney's Office
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E. 13411 Cataldo
Spokane, WA 99216
July 22, 1983
F. Keith Shepard,
County Commissioner
Spokane County Court House
Spokane, WA
Dear Mr. Shepard:
I am writing on behalf of the people living on Cataldo east of
McDonald and dead'ending where Blake Road would be. We would like
to have a barricade erected at the end of the street, and request
that we be allowed some time on the agenda of your August 2 public
meeting.
Our reasons for the request are as follows:
1. A trucking company named Carp's Carts moved into property on
Mamer Road that reaches to where Blake Road would be (our
dead end). The fence was opened to make a gate, and they are
using Cataldo as an access road.
l
2. Zoming does not permit such an operation, but we have been unable
to get results from the Zoning Board.
3. The road surface is not built for such loads.
4. During the school term this street is used by elementary school
children going to and from Blake School. There are also families
with children living on the street.
5. Large trucks often sit in the street with the motor running at
all hours of the day and night.
6. One day grain was spilled the whole length of the street, up
McDonald Road to Mission, west on Mission to Pines, and North
on Pines to the Freeway. The County Road Department came and
cleaned up the grain the best they could.
7. About 10 p.m. one evening a neighbor came home and could not
get onto Cataldo because one of the semis was parked at the
corner of Cataldo and McDonald.
8. Our property values will decline if this is permitted.
9. We doubt that the vehicles are maintained safely because they
are frequently run without license plates. The State Patrol
has not responded when notified that a truck without plates
was leaving.
10. The largest number of units seen in this trucking yard at
one time is 19.
11. We do not believe this man would honor a sign prohibiting
trucks from the street because he does not seem to adhere
to the law in other respects.
Page 2
F. Keith Shepard
We are circulating a petition on the street requesting the
barricade, and I will bring it to the meeting.
Please let me know if there is something else we should be
doing in order to put a stop to this problem. The Zoning prople
say we have to prove that the business is being operated from
the property. It would seem that loaded trucks running in and
out would indicate that.
The Sheriff's off_.ce and the Department of Public Utilities
have been unable tb get on the property.
I will appreciate hearing from you.
Sincerely,
y, (jet(,
Edna (Mrs. Mel) Howell
East 13411 Cataldo
Spokane, WA 99216
(509) 926-8920
Spokane County
department of building & safety
JAMES L. MANSON, DIRECTOR
June 7, 1983 CERTIFIED -RETURN RECEIPT REQUESTED
Mr. Larry Carpenter
North 1023 Mamer
Spokane, WA 99216
EQUIPMENT STORAGE/BUSINESS
Laws and regulations in our society are, at times, difficult to understand
and fully comprehend. This is true of zoning ordinances, which are laws
intended to protect and govern the many different uses of land in Spokane
County. It is my responsibility, as the Zoning Investigator, when the
situation arises, to help resolve conflicts involving the Spokane County
Zoning Ordinance.
This office has received reports regarding equipment storage and trucking
business on your property located at North 1023 Maurer, Spokane County,
parcel number 15541-1103.
A recent visual inspection by our field inspector indicates, we believe,
that these reports are possibly accurate.
Section 4.04.080 of the Spokane County Zoning Ordinance provides that
storage of those materials normally used in connection with farm or
agricultural activities are allowed within Agricultural Zoned areas.
Further, Section 4.04.140 prohibits general commercial uses, except as
specifically permitted.
We are of the opinion that since you have now been informed of the require-
ments of the Spokane County Zoning Ordinance, a period of 30 days, beginning
with your receipt of this letter, should be sufficient time in which to bring
your property into compliance by, removing the equipment (truck trailers)
being stored or by contacting the Spokane County Planning Department with
regards to possibly obtaining a temporary use permit or other options
available as that department might indicate as appropriate action.
J
NORTH 811 JEFFERSON
• SPOKANE, WASHINGTON 99260.0050
TELEPHONE (509) 456-3675
Page 2
Mr. Larry Carpenter
June 7, 1983
If the above mentioned time frame is insufficient, please contact this
office immediately in order that an equitable time frame might be established
in which your property will be brought into compliance with the ordinance
requirements.
If you wish to discuss these findings, have any questions, or believe these
allegations to be unfounded, please feel free to contact at 456-3675.
Thomas Davis
Zoning Investigator
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May 8, 1984
Mr. Keith Shepard
Spokane County Courthouse
Spokane, WA.
Cn11:tIfy CO
Dear Mr. Shepard:
Last summer I wrote to you requesting that the east end of Cataldo
Ave. adjoining w}jt would be Blake be barricaded because an inde-
pendent trucker had moved in on Mamer Road and was using our street
as an access road.
We appreciated your cooperation in making copies of my letter for the
various county agencies that could help. However, none of them helped
us.
The trucker claimed to be an agricultural operation and the area where
he lives allows that. We are not zoned agricultural on this side, how-
ever. Although his operation is not agricultural, the Zoning Board
agreed to call his operation agricultural.
The result is that what was once a quiet residential street has now
become the access road for a trucking company.
Our request at this time is that the county lower the market value on
our homes since the county has caused this drop in value. We should
not be taxed on value above what we could sell for, and no one in full
charge of his faculties would buy a home on the access road for a
trucking company.
I am writing for our own interests, but will be urging others on the
street to take whatever action they think appropriate.
I will appreciate hearing from you.
Sincerely,
Mrs. Melvin C. Howell
E. 13411 Cataldo
Spokane, WA 99216
(926-8920)
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MAY 31, 1984
MR. KEITH SHEPARD
SPOKANE COUNTY COURTHOUSE
SPOKANE, WA.
MR. SHEPARD,
I'M WRITING IN REFERENCE TO A SITUATION THAT EXISTS ON THE EAST
END OF CATALDO AVE. LAST SUMMER WE REQUESTED THAT THE EAST END OF
CATALDO BE BMtRICADED SINCE A PRIVATE TRUCKER WAS USING OUR
RESIDENTIAL STREET AS AN ACCESS ROAD.
THIS TRUCKER SAID HE WAS A FARM/AGRICULIJURAL OPERATION AND THE
AREA WHERE HE LIVES ALLOWS THIS. BUT WE ARE NOT ZONED AGRICULTURAL
ON THE END OF CATALDO WHERE I LIVE. BY THE WAY THIS TRUCKERS
OPERATION IS NOT AGRICULTURAL BUT THE ZONING BOARD DECIDED TO CALL
THIS OPERATION AGRICULTURAL.
AS YOU CAN IMAGINE, OUR STREET HAS NOW BECOME THE ACCESS ROAD
FOR THIS TRUCKER.
WHAT MAKES MY WIFE AND I SO UNHAPPY WITH THIS DECISION IS THAT
WE HAVE ADDED ON TO OUR HOME AND HAVE MADE SEVERAL MAJOR IMPROV&.
MENTS TO IT. SINCE SPENDING CONSIDERABLE AMOUNTS OF HARD EARNED
DOLLARS TO MAKE THESE IMPROVEMENTS THIS PRIVATE TRUCKER NAIVES IN,
USING MY STREET AS HIS ACCESS ROAD.
WITH THIS SITUATION THERE IS NO WAY I'LL EVER GET THE REAL
MARKET WORTH OUT OF MY HOME.
WHAT WE ON CATALDO ARE ASKING YOU TO DO IS TO REDUCE THE MARKET
VALUE ON OUR HONE SINCE THE COUNTY HAS CAUSED THE DROP IN VALUE.
WE SHOULD NOT BE TAXED ON A VALUE ABOVE WHAT WE COULD REALISTLY
SELL FOR.
ASK YOUR SELF WHO WOULD PURCHASE A HOME FOR THEIR FAMILY ON
THE ACCESS ROAD FOR A TRUCKING COMPANY?
I WOULD LIKE TO TALK TO YOU ON THIS, PLEASE CALL OR DROP A NOTE.
THANK YOU,
/U ;
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TN
J. SCOTT WILSON
E. 13112 CATALDO
SPOKANE, WA. 99216
(509) 924-0418
June , 1984
J. Scott Wilson
East 13112 Cataldo
Spokane, Washington
99216
Ethelyne Farrage
East 13323 Cataldo
Spokane, Washington 99216
Mrs. Melvin C. Howell
East 13411 Cataldo
Spokane, Washingt c 99216
Dear
In response to your concerns involving the use of Cataldo street by a
private trucker, I had asked Tom Davis of the Department of Building
and Safety and Jack Finney of the County Engineer's Office to
research this matter for possible solutions.
Basically, the problems associated with restricting the use of
public rights-of-way to certain vehicles are too numerous with many
consequential legal issues to be addressed. However, Mr. Davis
reported that perhaps the zoning issue has not been resolved.
Recent field inspections revealed that at least three (3) semi -
trucks were parked on the property owned by Larry Carpenter
suggesting that a trucking or contracting business is being
conducted at that location.
On June 24, 1983, Mr. Carpenter was advised by the County Planning
Department of the zoning requirements and courses of action
available to him.
Because of this renewed activity, Mr. Davis will notify Mr. Carpenter
to initiate immediate action with the Planning Department to
formalize compliance with the Zoning Ordinance. Compliance may
involve the following options:
1. To discontinue use of the property as a contractor's yard.
2. Submitting application for a contractor's yard which involves a
public hearing and public notification.
3. Requesting administrative determination that the activity of
storing the trucks is not a contractor's yard nor a commercial
trucking business. Administrative determinations are appealable to
the Board of Adjustment by any aggrieved individual. This procedure
also involves a public hearing and public notification.
I understand the sensitivity of your concerns and will assist in any
way I can to resolve this matter equitably for all concerned. Thank
you for contacting me.
« Tam Dave%
Sac /r rot.
Sfroe f/Neciowsh
SPOKAKC COUtT. COURT MOUSE
June 24,1983 44.
Mr. Larry Carpenter
North 1023 Mamer Road
Spokane, WA 99216
Dear Mr. Carpenter:
I11p'�.IJ��:7 A'`J �'!\�.'C)ll ; 'co n-
PLANNING.DEPARTMENT
BROADWAY CENTRE BUILDING N 721 JEFFERSON STREET
PHONE 456-2205
SPOKANE, WASHINGTON 99260
L.
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As I indicated to you over the phone, a site inspection has been
made of your property at North 1023 Maurer Road by myself and Mr. Tom
Davis, Zoning Investigator from the Building and Safety Department.
At first glance, the facts associated with your use of the property
are difficult to understand. However, upon,closer inspection and in
regards with the Spokane County Zoning Ordinance, the following
becomes somewhat obvious.
Your property is zoned Agricultural. The Agricultural Zone is
defined in Section 4.02.020 of the Zoning ordinance as follows:
"The 'Agricultural Zone' is a land use classification for a zone
suitable for farming and agricultural pursuits, including
cultivation of land, fruit raising, truck farming, livestock
production, dairying, poultry raising, and forestry. Commercial and
industrial activities unrelated to agriculture are prohibited."
As you can see from the above definition, the Agricultural Zone
anticipates activities on the property that are related to crop
production or the raising of crops and animals. During an
inspection of your property, I find no agricultural production
on-site and only the keeping of one horse on-site.
Chapter 4.04 of the Spokane County Zoning Ordinance identifies
ceretain uses that are compatible with the production of crops or
the raising of animals. (Please find enclosed a copy.)
The Zoning Ordinance within Section 4.04.110-(b) provides for a
contractor's yard and reads as follows: "A contractor's
maintenance, repair and processing building and storage yard, when
Mr. Larry Carpenter
- 2 - June 24, 1983
located the same property with the dwelling in which he resides,
provided that not more than one person outside his own immediate
family is employed to work on the premises and provided that any
storage area is securely fenced and does not cover more than twelve
thousand (12,000) square feet. Fencing must be sight -obscuring.";
additionally, the minimum requirements for that use stipulate a
minimum lot size of 4-1/2 acres, with 200 feet of frontage.
e
I quote the above sections because it is obvious that your property
on North Mamer Road is not being actively cultivated, nor is it of
sufficient size to warrant a contractor's yard for some three
semi -tractors and approximately eight grain and potato haulers
stored on-site. This site as well as all nearby surrounding
properties exhibits a semi -rural character with very limited animal
keeping, some small gardening plots, but primarily single family
residential use in nature.
In considering the above facts it, therefore, becomes necessary for
the Zoning Administrator to find the use of your property to be in
violation of the provisions of Section 4.04.110-(b), a contractor's
yard. The Planning Department in an effort to work with you in
providing some potential alternatives to this predicament, might
suggest the following courses of action available to you:
1) That the property discontinue to,be used as a
contractror's yard and all semi -tractors and
trailer -haulers be removed from the site to bring the
property into compliance with the Zoning Ordinance, or
2) You may attempt to comply with the particular
requirements of the contractor's yard provision in the
Zoning Ordinance , excepting the 4-1/2 Acres with the 200
feet of frontage requirement.
You have the right to file a Variance application with
the Spokane County Planning Department, requesting a
relaxation of the minimum size and frontage requirement.
The public hearing will be held; fees are to be paid by
you; and notice be given to property owners within 300
feet of the subject site. This application will be heard
on its merits and a Variance may or may not be approved
at the public hearing, or
3) You may possibly appeal my determination that the subject
site is a contractor's yard. The issues of this matter
and my decision would be discussed at a public hearing.
Notice would be given to property owners within 300 feet
of your property.
Mr. Larry Carpenter 3 June 24, 1983
I understand this is a difficult matter for you to consider along
with the alternatives which may be more viable for your needs. We
would, therefore, allow you thirty (30) days from the date of this
letter to comply with or initiate one of the alternatives identified
above. A copy q,6 this letter is being sent to Mr. Tom Davis, Zoning
Investigator with the Building and Safety Department.
If he or I can be of further assistance, please do not hesitate to
call.
SinGerelyp4�r��� /
STEVE P.HOROBIOWSKI
Zoning Administrator
Enclosure
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CC:Tom Davis, Zoning Investigator
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SPOKANE COUNTY BUILDING AND. SAFETY DE\
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June 26, 1984
Spokane County
department of building & safety
JAMES L. MANSON, DIRECTOR
CERTIFIED - RECEIPT REQUESTED
Mr. Larry Carpentw
Noryh 1023 Mamer Road
Spo ane, WA 99216
Dear Mr. Carpenter:
This office is continuing to receive reports that you are
operating a trucking business on your property located at North 1023
Mamer Road. Recent field inspections confirmed that three semi -
trucks with trailers were parked on site.
In reviewing our file, the County Planning Department on June
24, 1983, notified you in writing of several courses of action
available to you. (Copy enclosed).
Subsequently, a verbal understanding was reached between yoy
and Steve Horobiowski, County Zoning Administrator, whereby you
would send a letter to Mr. Horobiowski stating what equipment is
needed for your personal use. From this information, an
administrative determination on number of units to be kept on site
would be made. The County Planning Department reported that to date
no letter has be received.
Because of your recent increase in activity involving the
number of trucks, this department is specifically requesting that
within twenty (20) days of the date of this letter, you initiate
action with the County Planning Department to formally conclude this
matter.
A recheck of our files will be conducted immediately following
the time frame specified above. Your compliance with this request
will negate the need to refer this matter to the County Prosecuting
Attorney's Office for appropriate legal action.
Your immediate attention would be appreciated.
Since ely,
Thomas L. Davis
Zoning Investigator
Enclosure
Copy to Steve Horobiowski
NORTH 811 JEFFERSON
• SPOKANE, WASHINGTON 99260.0050
•
TELEPHONE (509) 456-3675
June 25, 1984
SPOKANE COUNTY BOARD OF EQUALIZATION
Broadway Centre Building
N. 721 Jefferson Street, Room 401
Spokane, WA 99260-0040
ATTENTION: HYDEE CABAN
ECEIVE
,JON 2 9 1984
SPOKANE COUNTY
PLANNING DEPARTMENT
Thank you for sending me the enclosed form as I had requested. Please
remember that my remarks are not directed at you personally, but rather
the hierarchy of the county in.general.
I wanted to raise t44 question, "Can the county destroy the value of a
person's property in one department and, at the same time, increase the •
market value for the purpose of collecting more taxes?"
I called a professional appraiser who gave me a price of $175 to come
and make an appraisal. He said, "You would go to the hearing with the
information and they would let you present your case but they would not
listen and would rule against you. Then they would let you appeal it
and continue to oppose you until you run out of money, and you will wish
you had never wasted your time."
I thought he was pretty biased, so I called a real estate office and
asked for their opinion. The man I talked to said, "They're crooked as
a dog's hind leg down there and they are not going to listen to you. I'd
suggest you go back to trying to get rid of the trucker." (The county had
allowed a commercial trucking company to make our residential street an
access road.)
Both of these men agreed that the county has destroyed the market value
of our property, but they both feel that the county rides rough -shod over
the residents of the county.
At this point, I am not planning to do anything because I don't know what
there is to do. We don't have the kind of money it takes.
Sincerely,
Mrs. Melvin C. Howell
E. 13411 Cataldo
Spokane, WA 99216
CC: Keith Shepard, Commissioner
Tom Davis, Planning,-----
Mike
lanning)Mike Harper, Appraiser
Fi ' cry (-Err
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FOR TRUE AND FAIR ASSESSED VA4yr-
PLEASE COMPLETE 1141.3 PETITION NO. PJC -83=115
PETITION IN ITS ENTIRETY.
In accordance with che provisions of Chapter 84.48 Revised Cade of Washington. I. Melvin C. 11019e11
do hereby respectfully petition the County Board of Equalizationa change che true and fair value of the following des-
cribed property as shown on the assessment rolls for the year 1983 , to chat amount shown in Item No. Eleven (11) of
this form.
I hum DATE: Must be filed on or before July 13th
NOTE: I1 appealing the current use assessed value, use FORM REV 64 0065.
1. LEGAL DESCRIPTION OF PROPERTY: Account or Parcel No. 15541-0502
Town Cat 2 Block. 1 Addition Guthries Valley View 4th
15 25 44 Tax Lot No.
Section Twp Age
2. ASSESSOR'S TRUE AND FAIR VALUE: Land
Buildings $35,700*
Timber and Minerals
TOTAL $44,700
*Assessor Proposes to increase the improvement value to $d1,200 duo to new rnnstrurtinn
5 9,000
BOOK NO.:
APPRAISER:
Mike Harper
3. GENERAL DESCRIPTION OF PROPERTY: (Land area,' type buildings. use, etc.)
East 13411 Cataldo
A. Address or location
B. Land size
C. Zoning and use
D. Brief description of buildings
4. PURCHASE PRICE OF PROPERTY $ (Else only if sale occurred within last five years)
Date or purchase Tarns
5. HAS PROPERTY BEEN OFFERED FOR SALE? When and how long?
Listed with broker? Asking price $
6. HAS PROPERTY BEEN APPRAISED BY OTHER THAN THE COUNTY ASSESSOR? When?
Dy whom?? Purpose of appraisal
Appraised value? (If needed, attach separate sheet for further evidence)
7. IF /SCONE PROPERTY, SUCH AS HOTEL, MOTEL, COMMERCIAL RENTAL, SERVICE STATION, LEASED OR RENTED FARM, ATTACH STATE-
MENT OF INCOME AND EXPENSE FOR PAST TWO YEARS, AND COPY OF LEASE OR RENTAL AGREEMENT.
8. Ct?ARABLE SALES OF SIN LAR PROPERTY:
A. Land Valuation: Recent similar vacant land sales in the area are:
Parcel Number - • Land Area or Size . Sala Price
1.
2.
3.
Dace of Sale
B. Land and Building Valuation: Recent sales involving similar type of property are as follows:
1.
2.
3.
Parcel Number
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FORM REV 64 0054 (1-78)
-SEE THE REVERSE SIDE-
This -letter was sent:,,tosJ'Scott,Wil
EthelyeneFarrage, and';;Dont.Howell5';as
Mr. J. Scott Wilson
East 13112 Cataldo
Spokane, Washington 99216
ITH SHEPARD
!cord District
4SHINGTON 99260-0100
GRANT C. PETERSON
Third DIstrict
IkICEIVED
JUN 2 9 1984
BEADING CODES
Dear Mr. Wilson:
In response to your concerns involving the use of Cataldo street by a
private trucker, I had asked Tom Davis of the Department of Building
and Safety and Jack Finney of the County Engineer's Office to research
this matter for possible solutions.
Basically, the problems associated with restricting the use of public
rights of way to certain vehicles are too numerous with many consequential
legal issues to be addressed. However, Mr. Davis reported that perhaps
the zoning issue has not been resolved. Recent field inspections revealed
that at least three (3) semi -trucks were parked on the property owned by
Larry Carpenter suggesting that a trucking or contracting business is being
conducted at that location.
On June 24, 1983, Mr. Carpenter was advised by the County Planning Department
of the zoning requirements and courses of action available to him.
Because of this renewed activity, Mr. Davis will notify Mr. Carpenter to
initiate immediate action with the Planning Department to formalize compliance
with the Zoning Ordinance. Compliance may involve the following options:
1. To discontinue use of the property as a contractor's yard.
2. Submitting application for a contractor's yard whi
a public hearing and public notification.
3. Requesting administrative determination that the a
storing the trucks is not a contractor's yard nor
trucking business. Administrative determinations
to the Board of Adjustment by any aggrieved indivi
procedure also involves a public hearing and publi
ch involves
ctivity of
a commercial
are appealable
dual. This
c notification.
I understand the sensitivity of your concerns and will assist in any way
I can to resolve this matter equitably for all concerned. Thank you for
contacting me.
incere
F. Ke
Count
th Shepard,
Commissioner
cc: Steve Horobiowski, Jack Finney, Tom Davis
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