1984, 04-18 ZE-109-83 Findings & Order410 •1ST DIS
2ND D
BEFORE THE BOARD OF COUNTY COMMISSIONERS
D DIST.
SPOKANE COUNTY, WASHINGTON
IN THE MATTER OF ZONE RECLASSIFICATION, ) FINDINGS OF FACT, i �� i,�T.� ,.ra,.,y`,�NFP�
ZE-109-83 AGRICULTURAL SUBURBAN TO ) DECISION AND
RESIDENTIAL MANUFACTURED HOME: COURCHAINE) CONDITIONS
THIS MATTER, Being the consideration by the Board of County Commissioners
of Spokane County, hereinafter referred to as the "Board" of an appeal of
Spokane County Zoning Hearing Examiner Committee Decision of January 12, 1984,
approving the zone reclassification (ZE-109-83), Agricultural Suburban to
Residential Manufactured Home for the purpose of developing a 3 unit Manu-
factured Home Park, hereinafter referred to as the "Proposal", and the Board
of County Commissioners of Spokane County having held a public hearing on
March 13, 1984 and having fully considered all testimony presented thereat,
and further having individually visited the site and vicinity in question,
and having rendered a decision on the 27th day of March, 1984, approving
said proposal, does hereby make the following:
FINDINGS OF FACT
1. That the proposal is generally located at the southwest corner of
Main Avenue and Marguerite Road in Section 18-25-44.
2. That the proposal consists of an approximate 18,750 square foot
site planned to be developed as a 3 unit Manufactured Home Park.
3. That the adopted Spokane County Generalized Comprehensive Land Use
Plan indicates Urban usage of the area encompassed by the proposal and the
proposal is consistent with the Comprehensive Plan.
4. That the provisions of RCW Chapter 43.21C, (State Environmental
Policy Act) have been complied with and the Board concurs with the Hearing
Examiner Committee's issuance of a declaration of non -significance.
5. That the Spokane County Hearing Examiner Committee held a public
hearing on January 5, 1984, concerning the proposal , subsequent to which by
Findings of Fact, Decision and Order dated January 12, 1984 they unanimously
approved the proposal subject to certain conditions.
6. That the existing land uses in the area of proposal include single
family residences, Dishman School, commercial and vacant land.
7. That the proposal is compatible with existing uses in the area.
8. That the proposal is not detrimental or otherwise harmful to the
public health, safety and welfare.
9. That changed conditions have occurred since the original zone change
in 1956 warranting a zone change from Agricultural Suburban to Residential
Manufactured Home, including a 1958 Multiple Family Suburban zone change,
1983 Commercial zone change, and a 1970 Residential Manufactured Home zone
change.
10. That the proposal is consistent with the surrounding land use
classifications and does not grant a special privilege or rights to the appli-
cant different than those enjoyed by adjacent property owners.
11. That the Board finds that the proposal is located within the recorded
water service area of Hutchinson Irrigation District #16 and that the District
indicates there is an adequate system capacity, and that they are desirous of
serving the proposal for domestic, fire and irrigation purposes.
12. That the proposal is situated within the recorded fire service area
of Fire District #1.
• •
FINDINGS OF FACT, DECISION AND CONDITIONS ZE-109-83 PAGE 2
13. That the proposal lies within the boundaries of West Valley #363
School District, and that the School District made no comment regarding the
proposal.
14. That the proper legal requirements for advertising of the hearing
before the Board of County Commissioners of Spokane County have been met.
15. That the Board of County Commissioners carefully considered all
Findings of the Spokane County Hearing Examiner Committee dated January 12,
1984; including special consideration of Findings #llb and llc. The Board
fully concurs with all findings by the Hearing Examiner Committee.
16. That appellants raised several questions concerning the method of
sewage disposal and the adequacy of the parcel to handle on-site sewage
disposal. The Board notes that the Spokane County Health District, by memo
dated December 15, 1983, reported their Findings and Recommendations concern-
ing this proposal. It was found that soils in the area are adequate for on-
site sewage disposal. The Health District has required detailed sewage
disposal plan review prior to issuance of building permits. As additional
mitigation, the Spokane County Utilities Department has required double
plumbing of each dwelling unit and agreement to participate in a ULID for an
area wide sewage collection system prior to relase of building permits.
The Board believes that these measures will adequately address disposal con-
cerns raised by the appellants.
17. The Board of County Commissioners notes that the applicant must
still apply for and receive a variance from Section 4.05A.050 (b) (le) of the
Spokane County Zoning Ordinance which currently requires a 5 acre minimum
site size for a Manufactured Home Park. The approval of this zone request to
Residential Manufactured Home should not be construed by the Spokane County
Board of Adjustment, as an indication of how the variance issue should be
decided. Approval of the zone request represents the fact that the site is
suitable for Manufactured Home use.
18. That on the 27th day of March, 1984, the Board of County Commissioners
of Spokane County at a regular meeting did approve the proposal subject to
certain conditions.
From the foregoing Findings, a review of the Planning Department Staff
Report dated January 5, 1984, and the staff presentation of File No. ZE-109-83,
the Board hereby in approving the proposal does make the following conditions:
1. That the conditions set forth in the Spokane County Zoning Hearing
Examiner Findings and Order dated January 12, 1984 on pages 3
through 8 are hereby adopted as conditions of approval.
DATED THIS DAY OF , 19
ATTEST: VERNON W. OHLAND
Clerk of the Board
BY:
BOARD OF COUNTY COMMISSIONERS OF
SPOKANE COUNTY, WASHINGTON
Deputy
1
BEFORE THE BOARD OF ADJUSTMENT OF
SPOKANE COUNTY, WASHINGTON
IN THE MATTER OF REVIEWING THE
ADMINISTRATIVE ACTION OF THE SPOKANE
COUNTY ZONING ADJUSTOR IN A DECISION
TO APPROVE VARIANCE # VE -234-83;
COURCHAINE
FINDINGS & ORDER
THIS MATTER, Being the consideration by the Board of Adjustment for
Spokane County, is an appeal of an administrative action by the Spokane
County Zoning Adjustor, approving the Variance #VE -234-83, for the purpose
of developing a three (3) unit Manufactured Home Park on less than five (5)
acres, hereinafter referred to as the "Proposal", and the Spokane County
Board of Adjustment having held a public hearing on April 18, 1984, and
having fully considered all testimony presented thereat, and having render-
ed a decision on the 18th day of April, 1984 approving said proposal, does
hereby make the following:
FINDINGS OF FACT
1. That the proposal is generally located at the southwest corner of
Main Avenue and Marguerite Road in Section 18-25-44.
2. That the proposal consists of an approximate 18,750 square foot
site planned to be developed as a 3 unit Manufactured Home Park.
3. That the adopted Spokane County Generalized Comprehensive Land Use
Plan indicates Urban usage of the area encompassed by the proposal and
the proposal is consistent with the Comprehensive Plan.
4. That the provisions of RCW Chapter 43.21C (State Environmental
Policy Act) have been complied with and the Board concurs with the Hearing
Examiner Committee's issuance of a declaration of non -significance.
5. That the Spokane County Zoning Adjustor held a public hearing on
January 5, 1984, concerning the proposal, subsequent to which by Findings
of Fact, Decision and Order dated January 12, 1984, he unanimously approved
the proposal subject to certain conditions.
6. That the existing land uses in the area of proposal include single
family residence, Dishman School, commercial and vacant land.
7. That the proposal is compatible with existing uses in the area.
8. That the proposal is not detrimental or otherwise harmful to the
public health, safety and welfare.
9. That the proposal is consistent with the surrounding land use
classifications and does not grant a special privilege or rights to the appli-
cant different than those enjoyed by adjacent property owners.
10. That the proper legal requirements for advertising of the hearing
before the Board of Adjustment of Spokane County have been met.
11. That the area is an older residential neighborhood in transition.
Allowing a manufactured home park, with three (3) mobile home units, on less
than five (5) acres provides more flexibility to an area undergoing changes
in use. If the variance were denied, the resulting construction of a con-
ventional house to support a two unit manufactured home park may be more
detrimental, substandard, and inflexible to the area.
12. That the density issue was decided by the Zoning Hearing Examiner
Committee and the Board of County Commissioners in approval of Residential
Manufactured Home Zoning under file ZE-109-83.
FINDINGS & ORDER
VE -234-83 PAGE 2
13. That on the 18th day of April, 1984, the Board of Adjustment of
Spokane County at a regular meeting did approve the proposal subject to
certain conditions.
From the foregoing Findings, a review of the Planning Department Staff
Report dated January 5, 1984, and the staff presentation of File No. VE -234-83,
the Board hereby denies the appeal and upholds the Zoning Adjustors decision
to approve, and adopts the Zoning Adjustors Findings of Order dated January
12, 1984 as its own.
DATED THIS 18th DAY OF April , 1984.
VOTE: 7 - 0 Unanimous to Approve
SPOKANE COUNTY BOARD OF ADJUSTMENT
OF SPO g ► COUNTY, -W INGTON
1'
1.1 , CHAIRMAN
VERNO
DONALD E. FAIRBURN
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MARTIN HIBBS