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1980, 05-02 Zoning Investigationrb \ 0 -46 3 0 !t7 f -° r rt sr TN a o igt W W s e j DATE 'I HOUR /6' QS TO -Thrzai WHILE YOU WERE OUT M c ',Cnnl OF PHONE PHONE NUMBER AREA CODE I I TELEPHONED RETURNED CALL LEFT PACKAGE PLEASE CALL WAS IN PLEASE SEE "" WILL CALL AGAIN WILL RETURN IMPORTANT MESSAGE /(p_•, E.• )/90P l tic& ah,lIn Irl -). d;o•t'}Ma.L VWtinX-, The AICO-UTILITY Line Form No. 55-058 DATE .�_� [; HOUR Ia.:' _�, TO (.11)0 u c e • !/ V WHILE YOU WERE OUT -112 ilt r- i) rilCny. OF :'.. PHONE .sa '7 - 33a 7 AREA CODE PHONE NUMBER TELEPHONED RETURNED CALL LEFT PACKAGE PLEASE CALL WAS IN ' PLEASE SEE ME WILL CALL AGAIN WILL RETURN IMPQRTANT MESSAGE 0 • /' ee X[I(LYl ALL Nip r '2iGNE1 . fif . I p:71 "'7Ufl I, fI •3 c.w 'nn d • DATE TO e HOUR g'SO WHILE YOU WERE OUT M ./Y1 I LL LL..M,o OFHn• Tn ,pp (? - An1o. -, `� PHONE -"q gS' -" PHONE NUMBER TELEPHONED 1/ 4UATE ° °52(c -S% HOUR 9:3d o e o u u f' / TO PLEASE CALL v�WAS WHILE YOU WERE OUT M DJ x PLEASE SEE ME OF WILL CALL AGAIN PHONE 9aai - 407 IMPORTANT AREA CODE PHONE NUMBER TELEPHONED L -"RETURNED CALL LEFT PACKAGE PLEASE CALL (/WAS IN PLEASE SEE ME WILL CALL AGAIN/ WILL RETURN IMPORTANT / MESSAGE £Add ,pt -k0 nia4vq -k-ii o „Li a➢C' COmf'. At F r/?oa i.i,.K-G12\ .12,j7-10!!A-lln,�j±0. -, b mow.a ar..c f L�%9(LI Coq_ 7&FU r.UvC_ _ VS is Lad-pl.. S•4t SIGNED dt, The AICO-UTILITV Line Form No. 55-056 • DATE TO e HOUR g'SO WHILE YOU WERE OUT M ./Y1 I LL LL..M,o OFHn• Tn ,pp (? - An1o. -, `� PHONE -"q gS' -" PHONE NUMBER TELEPHONED 1/ RETURNED CALL LEFT PACKAGE PLEASE CALL v�WAS IN PLEASE SEE ME WILL CALL AGAIN WILL RETURN IMPORTANT MESSAGE:: 574 walk, iA, 4-2.1Rraks ru01t4tiwl S 4Lkn e6( t- awtie /atcnkk • / (J • • m • ZONING INVESTIGATION SHEET Property Address EAST 11902 MAXWELL Directions (if nec.) File Humber 3(43-580 Date Received 512-80 Nature of Investigation Investigator Taken By Date Resolved 2- X-0 Occupant MIKE WATKINS Address EAST 11902 MAXWELL Owner JACK B. WATKINS' , M.D. RES. Phone 928-4085 Zip 99206 Phone 928-3056 Address S 4026 CONKLIN RD GREENACRES Zip 99016 --CONFIDENTIAL-- Complainant TED FOURNIER J. • Phone 327-6619 Address EAST 11814 MAXWELL Zip Parcel No. 16541-0150 6d� Legal Discription 16-25-44 • Vt n 'Cot 00 +'G 1 OM< 80-3394 Applicable Permit No.'s Zoning of Property AG SUB OK Effective Datr 1955 Sections of Ordinance Applicable Previous Violations Non -Conforming Use File it's Cfu'4,Q.vnAinJ RECHECK: to -9-6'0 tArsilv V q- (-so p,cl Sejley E. 111700 Maxwell 2Cp- 4807 CONTACT RECORD MATE TYRE:. COMMENTS 1'3 fi• (, uF P'S j.4.sk' ant _ i4 76114. IteepAW - £nrs ZA wmaii SA COW% flouts . !Jo( /UOUQAA$. 7.1,E a61:: yg1%tw tat Naga WAga tem 1- 11,4 ,No UA01« S - ser eloblaatat tap 1 ? • r a at-- 1.1C 04A0 p5 ublalturns---OL%itacyv,e- l 1L � �yn ,,11-- $440--1,,,,.10,0. l• g — se.* inVickto FitAoUt i aoePL - Rosotu4d Wor W t to *pit w/ N, -fMet bsf feAL afii — CONTACT RECORD DATE TYPE : CONVENTS 4.2 IP Jos a aloNeattd 5-5---FsCJ ief'fr2 Ted rovozniYJ? culled, Lion tt m tv&y fo Fick of CoYy of jilee 4-/uwmll r'r+ 'g��jjf��ir��,f��,pci. ty eic- ��-}atoMdi Wat, s -5.viogo-vw`r erivik va 4iik. Watwisiet . p,-• 51 Winged ( - gate to Ail• ivuQth s a sivisavt. attttest owl itliiii vs i Pri.•s- arretars 111 Ge o t AI 54 I, Foam* milk W( 1 i 64- {-. t - w otA el •., , ,. -40(4 = ' f WI l . ::'d il- 4e. littiAirrass u►tfe=aA.. tier *.!. 51 /5 ie -Hc -42 hCG; /4'y lakh&J) Osj Mans, Pick P141-'1 notki ilanoon 1-0 FouRni eR Copy 0j -{r;44 ecL- S • Z3 I ICI" wifilizap asiM 4. War• 444 Comic wit 0 01 Ad's( stmesietoutit a0 ones Axa (�MJt ,ut4 tooft 44&W blots . a� d 'mitt iNtliewsteLotto wt. utts et ifttettartuaA6 . Skt son;_. w % wa ail96 w o (messttinuaite Lo; fry t• �NrnP,/bkoaieo`� �� c�eNerl�� .1 .80'C urwns tat� Ilassl 3w4 1.1(1 '9? -falJt�ye.�d,(_ L)/wA4eld -fr, 5 —9(6613.0 Nilesoiler. Iw otex)4- ' 510 Galled -0 ArA Nnol gyo kali tuswa hfirs te- t ‘ -fr.�.oe-,e tv)r- wothi AS a lbaL 1 a b# • . i W p -�.�` 5 61 S t fowl 5.3D YY �.`ut (l -h w.-° v oiri9 3avvk On (4 3O3SCO"rag) Zoff¢1. ��A� 4If6 '� (, o(ep + g.8 c Res icy tE 11 ; .11 19 is At said time and place any interested person nay appear for, or against, the granting of this application. APPEAL HEARING SPOKANE COUNTY PLANNING DEPARTMENT BOARD OF ADJUSTMENT HEARING TIME: PLACE: APPEAL OF AN INTERPRETATION I-4-80, Storage Warehouse a. Location: b. Appellant: c. Site Size: d. Existing Zone: e. Interpretation Requested: f. Application of Zoning Ordinance: TELEPHONE NO: 456-2274 Tuesday September 9, 1980 9:00 a.m. N. 721 Jefferson, Broadway Centre Bldg. Conference room, 2nd floor Section 16, Township 25, Range 44 EWM Parcel 06541-0150 Opp Mission Pines Blk 5-6 L 10, Blk 4'. Theodore R. Fournier, Jr. E. 27 Augusta Ave. P.0 Box 5375 Spokane, WA 99205 30,192 sq. ft. Agricultural Suburban The appellant contends that the property at E. 11902 Maxwell currently is being used for business and/or commercial uses clearly outsid€ the scope of the home occupation provision. 4.03.020 (27) Home Occupations 4.25.030 (c) NOTE: The Zoning Adjustor on August 6, 1980 determined that the current use of the property at E. 11902 Maxwell, Spokane County, owned by Michael Watkins was being used within the provision allowed for of the Agricultural -Suburban zone. The applicant/appellant claims that the structures on and uses of the property at the above address are clearly outside the provisions of the Agricultural - Suburban zone of the Spokane County Zoning Ordinance. At said time and place any interested person may appear for, or against, the granting of this application. SPOKANE COUNTY PLANNING DEPARTMENT ZONING ADJUSTOR HEARING TELEPHONE NO: 456-2274 TIME: PLACE: APPEAL TO THE ZONING ADJUSTOR I-4-80, Storiage Warehouse July 16, 1980 1:15 p.m. N. 721 Jefferson, Broadway Centre Bldg. Conference Room (2nd floor) a. Location: Section 16, Township 25, Range 44 EWM Parcel 06541-0150 Opp Mission Pines Blk 5-6 L 10, Blk 4 b. Applicant: Theodore R. Fournier, Jr. E. 27 Augusta Ave. P.O. Box 5375 Spokane, WA 99205 c. Site Size: 30,192 sq. ft. d. Existing Zone: Agricultural Suburban e. Interpretation requested: The appellant contends that the property at E. 11902 Maxwell currently is being used for business and/or commercial uses clearly outside the scope of the home occupation provision. f. Application of Zoning Ordinance: 4.03.020 (27) Home Occupations 4.25.030 (c) 9, L RUCEYE I4 .IERY 0 969 CAPUSLE ,mor/VA 770 ia rJON Z U 0 rrt:u t.1.9rIS°IE:.', E[ 1965 r, SHANNo T pvE TGOMER♦ /UR. J z x MISS/ON ti . d EL P:S`.i< ; ,q/E. MAXWELL A+• WELL, C. BO0NE DESMET A.vE CATAL LAT L DO c l 'e Ave 2/E • a• 0 S 41lJLi W I a•k,..ewu � L ]f =: RI�`IOF. ria �'�-�OVO Y 99AA I AEL.1993 ° -F EL VA LLE 5.4 • ?IVER SIDE SPRAGUE AVE. N9 2312+ mcE! —r� F= I \ I I—.—/\ PLAN NUMBER AP_PLI9ATION/PERMIT SPOKANE COUNTY — BUILDING CODES DE • `RENT NORTH 811 JEFFERSON / SPOKANE, WASHINGTON 99260 / (509)!56-3 75 JOB ADDRESS 1.5 //9u z LOT 2. j o ,,/WCGL BLOCK SS G LEGAL DESCRIPTION — SEE'ATTACHED UBOI V IISSIION 2,1.1d - S OWNER PHONE 7e5 -aa fs' PARCEL NUMBER/S A/C /3c/< /Ess//- O/5 0 ADDRESS Yilr.°, CNC CE/vit Q ZIP Acct j Set Backs in Fee t/5y North'./ 'South East 4/S West /`/ 4. 5. CONfiRftEFAR —6AS dt WR Til /n/ S PHONE /ice _ <foE'S Size of Parcel t?9 4 /vz Zone Classification �T /C//j/ Su]./.21l/1n J ADDRESS /go DESIGNER DESIGNER mfr kYr4 ZIP l%v Loc Type Const Occupancy Sprinklered ❑Yes ❑No 0 Req'd. PHONE Valp ation St3SC. Building Area In Sq. Ft. ...r5 a ADDRESS ZIP Main Floot Upper Floors Garage Area Storage /5'34 CHANGE OF USE FROM 6. TO Area of Decks Finished Basement Unf in. Basement TYPE 7. OF WORK Cris NEW yf BLD. ❑ ALT. ❑ PLMB ❑ AD N. O MECH. ❑ RPL. ❑ M.H. O MVE. O POOL 0 OTHER No. Baths No. Stories / No. Rooms No. of Dwellings CERTIFICATE of EXEMPTION Req'd. Re Not Redid. DESCRIBE WORK 8. %2CXE7) eq.cD,/1" .y VALUATION 9. Sai G. M, SOURCE OF UTILITIES Enum. Dist. GAS ELECTRIC WATER SEWER Ownership Public ❑Private pl AO/ 30 Location (Area) USE CODE Single FEES COLLECTED SPECIAL APPROVALS SPECIAL CONDITIONS' NAME DATE /4_62/ ( s'4/) A -WY C i e 'J ? C.TI L F+ N.COC W. f J2 ->/'iso Building Plumbing Mech. Plan Check SEPA Mobile Home Other (Specify) TOTAL S6. 00 $ CS. CO ,0 _ ` 2 'y. PERMIT N BER • 11-9 L7G, ' AS Ca d 11 HENRY 141001N9 THL000HE R. rOURNICR. JR. [IRLW M. ROOKCR HIGGINS AND FOURNIER ATTORNEYS -AT -LAW E. 27 AUGUSTA AVE. • P. 0. 00X 5375 SPOKANE, WASHINGTON 99205 Mr. and Mrs. Michael D. Watkins" East 11902 Maxwell Avenue Spokane, Washington 99206 RE: E. 11902 Maxwell Avenue' Our File No. L34-80 May •15,H1.980 15091 321 619 Dear Mr. and Mrs. Watkins:. Since on or about April 25, 1980, it has been observed that you commenced construction of a large Storage or warehouse building on the property you occupy at E. 11902 Maxwell Avenue, Spokane, Washington -- and that said building is connected to and in fact cuts or protrudes into the existing connected two (2) car garage on your residence. It has been further observed for the past several months, if not years, that you have' maintained various vehicles, machinery and other equipment on the property you occupy, as well, as. several horses, cows, and pigs--again,over the past several months and years at various times. The undersigned is owner of the adjacent property located at E. 11814 Maxwell Avenue, Spokane,' Washington -- said property being located due West of the property you occupy. According to the surveyed plat of MISSION -PINES SUBDIVISION, a recorded official plat on file' in the office of the Spokane County Auditor, the West boundary line' of your property (Lot 10, Block '4), of said plat, is located due East and distant 108.94 feet from the East boundary line of my property (Lot 12, Block 4), of.said plat. There is one lot and residence between us, owned and occupied by the Michael A. Fetzer family, and he' is employed by Spokane County as a Deputy Sheriff. Aside from the unsightly appearance of your partially constructed warehouse (which dimensions appear to be 32 feet wide,' by 48 feet long, by approximately 22 feet in height), according to.your building application, on file with the Spokane County Building Codes Depart- ment- (the plans and blueprints you submitted to that Department having been returned to you to' be held on the job site), it appears that you have been, are now, and intend to continue 'operating a business or commercial enterprise, in connection with other ques- tionable uses of your residential property. I, i Michael D. Watkins Page Two ' May 15; 1980 . • The above observations are'.further evidenced by the following: 1) That you and another individual are engaged in a business known as AAA Pump Service, which' business name amelisclearly '(clearly printedha twn o (2) commercial trucks; one appearing be parked in front of your premises,' as well as a similar truck on ,many occasions. 2) That you have.a classified add in the 1979/80 Spokane Tele- phone Directory, advertising your "AAA Pump Service - Complete Engineered Water Systems - Domestic &'Irrigation - Sales - Repair - .Installation - Goulds - Sta-Rite - Myers - RodaTest est)Pumping - 535-5488 - E. 6010 Broadway" (see photocopy (ponderosa Drilling) 3) That I have been personally informed by persons/at E. 6010 Broadway, Spokane, Washington,' that you moved your business opera- tion from that address to "E. 11902 Maxwell Avenue,. telephone number 926-4462, on April 1, 1980". 4) That over the past several months, and years,. you have at various times been working with metal, pipe and other equipment, using acety- lene torches and electric arc welding equipment, including use of a large International wheel tractor, equipped with a back -hoe and a front-end lift, scoop or shovel thereon. 5) That the above activities have been of great annoyance, concern, and disturbance to myself and my family, including guests and visitors, in early morning hours, during the 'day, and late evening hours after dark. ' 6) That in the presence', of a Spokane County building inspector, namely Mark Holman, .at approximately 10:.00 a.m. on Friday, May 2, 1980, I voiced some 'of the above concerns to you, in an effort to at least suggest a reconciliation ordiscussion or f someosolutionhto these problems -- to which your reply n had "no business on your property", 'and that I "should leave", which I agreed to do and abruptly did. This letter is intended as'immediatenotice' cs wolloueou taatyany peril, resumption 'of const on' on yourou are at liberty to do so, expense,. etc. We do understand that yect of course to under the building permit you have been issued, subj compliance with' appropriate zoning ordinances of Spokane County and Laws of the State of Washington. .These matters have been discussedin Somzdetaidetail. with icamany ynSpokane County officials in regard to applicable. al?. regulations in an Agricultural Suburban Zone (covering basically Michael D. Watkins Page Three May 15, 1980 of the property within several blocks of the vicinity of your property). I understand there are some unresolved questions in this area of dis- pute, as further evidenced by the two-page 'letter. of Mark Holman, directed to you, and dated May. 5, 1980. It is niy opinion that as a neighbor and resident homeowner, living cmc house or lot removed from your property, that I should have some legitimate concern regarding the activities above related. I have attempted to explain those concerns both in person, by telephone, and now by this letter. I firmly believe that we live in a good, well- established residential neighborhood; and incidentally, my family moved there in October, 1968. We have been satisfied with that area, and plan to live there many more years, without the annoyance, appre- hension, fears, and concerns that would arise if businesses or other commercial enterprises are allowed to operate in that residential area, or for that matter, any residential area or neighborhood under similar circumstances (as in part related above). I am quite aware that under the law, if adjacent residents and property owners in a particular residential area, either invite or stand by and make no complaintin regard to construction of non -conforming buildings, uses, or business ventures,, then those persons may by their inaction, laches, implied invitation, or acquiescence in such unusual or proposed non -conforming uses, be later deemed by a court to have waived any legitimate basis to object to the offensive or unreasonable uses of the project proponent. Thus, in summary, I again reiterate that while you may proceed with all lawful pursuits -in your use and occupancy of the residential pro- perty you occupy at E. 11902 Maxwell Avenue, it is felt that we must also seek all appropriate lawful remedies in the event your past, present, or future use should be or remain contrary to the residential character of the neighborhood in which we 'all live. TR1':kds Enclosure Respectfully, HIGGINS & FOURNIER %21 A/ Theodore R. Fournier,'Jr. cc: Dr. and Mrs.' Jack B. Watkins Lloyd Dykes, Fire Marshall James P. Emacio, Chief Civil Deputy Pros. Atty.: James L. Manson, Director, Bldg. Codes Dept. -----. Mark Holman, Zoning Investigator, Bldg. Codes Dept.. Fred J. Caruso, Deputy Prosecuting Attorney Spokane County Commissioners, ATTN:' Harry Larned i ." rn/r.v-^;n Salos - Repair -installation GOUT DS Sta-Ritu - rJlyors - Reda Test Pumping .•;I.:).., .1 AAA PULSP S2rVlCC C6010 uruatlwny 576-6Mi60' (Please See AUvrrtiselnent Pave QL) sI'OnaN, COL '1! CO L,4 ] HOOSE May 15, 1980 Mr. Theodore R. Fournier c/o HIGGINS & FOURNIER Attorneys at Law East 207 Agusta Spokane, WA 99207 BUILDING CODES DEPARTMENT BUILDING—MECHANICAL—PLUMBING 811 North Jefferson Street — Spokane, Washington 9926(1 Telephone 456-36:75 JAMES L. MANSON, Director RE: Alledged Violation of Uniform Building Code Dear Mr. Fournier: Pursuant to our conversations which took place in early May at the Spokane County Building Codes Department, after an on-site investigation of the building located at East 11902 Maxwell, Spokane, it has been determined that as of this inspection of May 7, 1980, the building being erected appears to be in substantial conformance with the information submitted on Building Per- mit Number 80-3394, with the plans submitted with the permit application and with the provisions of the Uniform Building Code. The building also appears to be in substantial conformance with the Spokane County Zoning Ordinance as far as the set backs are concerned. Concerning the use of this building, Mr. Watkins has indicated to this depart- ment that the building will not be put to commercial use, but rather, for storage of personal items associated with normal household use. If, at some future date, this building is used for other purposes, we would be more than happy to investigate the situation to see if it complies with County ordi- nance if you could write us and detail the alledged violations. If you wish to discuss these findings or have any questions, please feel free to contact me at 456-3675. Si�rely, 14- Mark Holman Zoning Investigator MH:db bcc: Mr. Ted Fournier SPOKAMC COWITY coati* nous[ May 5, 1980 Mr. Mike Watkins East 11902 Maxwell Spokane, WA 99206 Dear Mr. Watkins: riatwo o it BUILDING CODES DEPARTMENT BUILDING -MECHANICAL -PLUMBING 811 North Jefferson Street - Spokane, Washington 99260 Telephone: 456-3675 JAMES L. MANSON, Director Pursuant to our conversation of May 2,1980, at your residence, located at East 11902 Maxwell, Spokane, Parcel Number 16541-0150. The pole building you are erecting appears to be in substantial conformance with the informa- tion given on the building permit. :For complete verification of this, how- ever, we will need to check the structure versus the plans submitted at the time the application was taken out for your permit, as per our discussion. Concerning the uses of this building, Section 4.05.070 of the Spokane County Zoning Ordinance limits storage in an Agricultural Suburban Zone to, "mate- rials used in connection with the operation of a household and activities associated with the normal operation of a household..." Additionally, Section 4.05.110 prohibits general commercial and manufacturing uses in an Agricultural Suburban Zone. Please find enclosed a copy of Chapter 4.05 of the Spokane County Zoning Ordinance which spells out In detail the above mentioned require- ments, as well as other requirements relating to Agricultural Suburban Zone. The uses you indicated in our conversation that you were going to put the building to; i.e., storage of your horse truck, snowmobiles, a boat, personal cars, and etc., would be permitted uses. Concerning home occupations, if your property is in compliance with the enclosed standards, it would be considered to be In compliance with the Spokane County Zoning Ordinance. Concerning the pipe, spools of wire, and the spare parts being stored in your garage, if these are stored out of sight from adjacent property, the public roads, and the storage meets those required of home occupations, then they would be considered to be a permitted use under the home occupations standards as set forth in the Spokane County Zoning Ordinance. • Page 2 May 5, 1980 Mr. Mike Watkins Concerning the barn at the rear of your property, it will need the necessary building permits. After these permits have been applied for and issued, the area Building Inspector can inspect the property to see what is necessary in order for the building to be brought into compliance with the Uniform Build- ing Code. Concerning the horses being kept on your property. You indicated in our conversation that your neighbors had given you permission to use their property for grazing purposes. As your property is of insufficient size to keep the number of horses currently on your property, this office will need written verification that this permission has been granted and the amount of acreage involved. Concerning the backhoe, its storage is questionable. If it is being used in an accessory manner to your current construction project or in an accessory manner as far as any agricultural activities on your property are concerned, it would seem to be a permitted use. If it is not being used, but rather is being stored on your property, it would constitute illegal storage as a backhoe is not used in "the normal operation of a household." We are of the opinion that a period of 30 days, beginning with your receipt of this letter, should be sufficient time in which to bring your property into compliance with the Spokane County Zoning Ordinance. Do not hesitate to act upon this important matter, since a violation of the Spokane County Zoning Ordinance is a misdemeanor and does carry a penalty. I am sure it is important to you, as it is to me, that we resolve this situation quickly. If you wish to discuss these findings or have any questions, please feel free to contact me at 456-3675. Sincerely, Mark Holman Zoning Investigator MH:db Enclosure cc: Mr. Dick Platt, Prosecuting Attorney's Office Mr. Jim Manson, Director of Building Codes Department Mr. Joe Shogan, Attorney also : rovabaet tiquIAAnt earl of ferzK.etri-t - Y- )11 i /0 3reat a 11.7?)-• -Pi. 5- 35--0671 A '4 (,,p °evv c e_ �< 6 6) 0 3voar�ct; a� /2r , '44, 9 92-c /„5- .3 $f -- .D,`s eon f ° (Since Y -)-gyp) Ne t0 14--flte2-o,,- .E, // %t Aix ,&2,e, n'- 2.0 l -j..e�c- � � —Y9-42 (2804 (74 /977 ?7n 9-/ -ea igineeteecee Atkin) e( 14-6110 &i;c-4ae) ,`"1' ZtrYYJ3/a; r L C/En7 ; w 1 t . �/CtZ s _ec ri-ift -2-c iu caeL Pr; / My U ) 0,` fl ,q. /!7, o, -deity 9/ 0 'r. p N AFFIDAVIT OF MIKE WATKINS STATE OF WASHINGTON ) ss COUNTY OF SPOKANE ) I, Mike Watkins, being first duly sworn on oath, deposes and says: 1. That I reside at East 11902 Maxwell Avenue, Spokane, Washington. 2. That on or about the 1st day of April, 1980 I made application to the Spokane County Building Codes Department for a building permit to construct a building approximately 48' x 32' in an agricultural suburban zone classification at that address set forth in the immediately preceding paragraph. 3. That the property located at 11902 Maxwell Avenue has the zone classification of Agricultural Suburban under the Spokane County Zoning Ordinance. 4-.- r -That"•Sedtiithi 4 05`'04i0'(a') o&the-Spokane County Zoning Ordinance provides that one single family dwelling with the usual accessory building commonly appur- tenant to residential use including noncommercial hothouses or greenhouses, tool houses and private garages are permitted. 5. That Section44.05.100 of the Spokane County Zoning Ordinance provides that commercial uses except as specifically permitted are precluded within the agricultural suburban zone classification. 6. That with knowledge of the above Spokane County Zoning Ordinance provisions I intend to use that structure for which the attached building permit was issued for lawful uses authorized within the Spokane County Zoning Ordinance. Q. M ke Watkins SUBSCRIBED and SWORN to efore me this , 1980. N;t,ry '.ublic in a of Washington, re or t Sta •ding at"Spokazier•, May 9, 1980 To Whom It May Concern: I, Charles D. Pangburn, do hereby allow Michael D. Watkins and Jack B. Watkins of E. 11902 Maxwell - Spokane, WA to use my pasture on my property at E. 11921 Boone - Spokane; WA Tbr the purpose of boarding their horses Charles D. Pangb.rn En 11921 Boone Spokane, WA 99206 Sworn to before me this �% �� day of zit y , 1980 (1 .7 ./c^�. Notary ublic in an for the State of Washi ton. cltrantEalTS -5 i) 7 c5-05-80 rt 6479. sp LEGAL DESCRIPTION - SEE ATTACHED C t2. eQ7-0/1" i1/4\/6 LOT 2. is BL 4- K SUBDIVISIONPARCEL M[ toNi rikI� NUMBER/S «54-1 _ al5° i& OWNER/� J/ ��" I.� [/ ;Yw`IIp'/If 1, l I� N PHON -/ ✓, 3 ADDRESS I� 20 I 0 M W l�LJ '� 1,J - _._ c6'.t�r/] 20 co Actual Set Backs in Feet North (South Cr 1 �j East 3 `� IWest CONTRACTOR PHONE Size of Parcel �c�,c Zone Classificatio A�IZK ��iJlai . Q. ADDRESS 1 7o2. , ^� I Iv 1 W ZIP to, Type Const. Occupancy Sprin !erect Oyes 0 N 0 Req'tl. DESIGNER PHONE Valuuaa2tilon�/u�t OUpper Building 7ri�q. Ft. 5. ADDRESS Zip Main Floor Floors Garage Area Storage sro 0 CHANGE OF USE FROM 6. TO Area of Decks Finished Basement Unf in. Basement TYPE it,W 0 ALT. 0 AD'N. 0 RPL. 0 MVE. NO. Baths No. Stories No. Rooms No. of Dwellings 7. OF❑ OTHER WORK LLLVE� BLD. 0 PLMB. 0 MECH. 0 M.H. 0 POOL CERTIFICATE of EXEMPTION Req'd. Recd. Not R d. DESCRIBE�WORK 8. S.t"' �A22 a `f '� �a X e'"a� 6 frit -r. Enum. Dist. Location (Area) FEE$COLL COLLECTED Single $, VALUATION 9. Ili SOURCE OF UTILITIES GAS ELEC 1C ✓ V9ATER� ��M SEWER r✓��{�l{V Ownership USE CODE Public 0 Privatevii ^ Building .. a E ' Scoo " c— Vo _ 'c• t/"�'�.. S Plumbing Mech. Plan Check SPECIAL APPROVALS SPECIAL NAME DATE A.¢L& v0-0 blot r CONDITIONS: afroa I N I N i L -vC CAMI ti ,, siAlefl,V I , - 1 �1 f y1 b , 1 1»Z MD SEPA Mobile Home Other (Specify) Oe0 TOTAL $ 3.8. cltrantEalTS -5 i) 7 c5-05-80 rt 6479. sp OFFICE OF THE SPOKANE COUNTY PLANNING DEPARTMENT Dare May 15 To James Manson From____ Marcia Raines`r" Subject Zoning Ordinance Definition of "Story". ,19 80 I concur with your use of the second sentence of the definition of "Story" [4.03.020-(49)]. A structure 20 feet in height, as measured from foundation to roof ridge line would require a 10 foot side yard setback in an R-1 Zone. MMR:cmw DARK flop Tri/s ro -rw WArsoN BEFORE THE ZONING ADJUSTOR OF SPOKANE COUNTY, WASHINGTON IN THE MATTER OF THE APPLICATION OF) THEODORE R. FOURNIER, JR. FOR AN ) APPEAL TO THE ZONING ADJUSTOR FROM ) SECTION 4.03.020 (27) and 4.25.030 ) (a) SPOKANE COUNTY ZONING ORDINANCE) FOR AN INTERPRETATION OF SCOPE OF ) HOi1E OCCUPATION PROVISION ) FINDINGS OF FACT, CONCLUSIONS OF LAW PND DECISION FILE NUMBER: I-4-80 DATE OF DECISION: August 6, 1980 PARCEL #: 06541-0150 This matter being the consideration by the Zoning Adjustor of Spokane County of an appeal in conjunction with an administrative action and pur- suant to Chapter 4.25, Section 4.25.010 granting the Zoning Adjustor the authority to hear and decide such matters coming before him, and after con- ducting a public hearing on July 16, 1980 to receive all public testimony and after reviewing the public record, examining available information, and visit- ina the property and surrounding area, the Zoning Adjustor in accordance with Chapter 36.70.810 (3) Revised code of Washington, and Section 4.25.030 (c) of the County Zoning Ordinance, herebyeakes the following: It is the opinion of the Zoning Adjustor that reasonablness is always essential when applying land use restrictions, and that such restrictions should bear a substantial relation to the public health, safety. and general well:are. This action is a quasi-judical function that is descretionary, auid- e:! uy principle and policy of the state statute and zoning ordinance. Theodore R. Fournier, Attorney, hereinafter referred to as the "appellant". Michael D. Watkins, hereinafter referred to as Mr. Watkins, and represented by Alexander J. Shogan, Attorney. Exhibits filed and recorded by appellant: 1. 2. 3. 4. 5. 6. 7. 8. Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit Exhibit A" tC E - Vehicle licenses - Listing of residents along Maxwell Avenue - Petition supporting appellant claims - Photos of subject property and area - Letter addressed Appellant from Attorney Shogan - dated May 27, 1980 - Building permits issued to Mr. Watkins - Vorification of ownership of subject property - Film of subject property and area Exhibits filed and recorded by Mr. Watkins: 1. Exhibit "I" - Photos of subject property 2. Exhibit "J" - Notice by a property owner supporting Mr. Watkins DECISION IT IS FOUND THAT THE CLAIMS MADE BY THE APPELLANT REGARDING USES OF PROPERTY AT E. 11902 MAXWELL ARE NOT IN VIOLATION OF ANY PROVISION OF THE SPOKANE COUNTY ZONING ORDINANCE. FURTHER, THE BUSINESS LOCATED AT S. 17 WILLOW AND OWNED flY MR. WATKINS DOES NOT MEET THE STANDARD FOR A HQlE OCCUPATION AS DEFINED IN SECTION 4.03.020 (27).AND THUS CANNOT BE LOCATED AT HIS PLACE OF RESIDENCE. I That Mr. Watkins' business is an installation and repair service for well numns. That the place of business is located at S. 17 Willow which is zoned Commercial. Section 4.10.030 (e) (30) (39) (40) and (47) permits such uses to be located in the commercial zone. I-4-80 Page 2 II. That the business is incorporated and partially owned by an individual who is not a family member. Section 4.03.020 (27) (c) for home occupations requires only family members who reside on the premise shall be engaged in the occupation. } III. The intent of the hone occupation as stated in 4.03.020 (27) means an occupation carried on within a residence by the occupants. IV. Section 4.03.020 (27) (h) in identifying home occupations prohibits as home occupations any commercial or manufacturing uses specifically mentioned in some other part of the zoning ordinance. V. The nature of the pump service business is such that emergency service is renuired necessitates a phone at the place of residence. This does not change the appearance of the residence nor infringe upon the right of neighboring re- sidents. The fact that Mr. Watkins' uses his service vehicle for commuting to and from work assignments or being visited by his partner using his service vehicle does not violate any section of the zoning ordinance. VI. The height and intended use of this accessory structure is not in violation of any provision of the zoning ordinance. The height is found to be approximately 20 feet. VII. The contention that the building is a single story exceeding 16 feet in height and therefore in violation of Section 4.03.020 (49) definition of a story is erroneous. In defining "story" refers that "A single story shall not exceed sixteen feet in height..." "Whenever any structural portion of a building exceeds sixteen (16) feet vertical height between the eave line and the ridge of the roof, that portion of the building shall be considered as another story"(emphasis added). Mr. Watkins' building is therefore a 2 story structure under the above definition. The purpose of defining a "story" is to establish setback distances from property lines. The property in question is located in the agricultural suburban zone. Section 4.05.110 (b) (2) requires that for any accessory building located within the front 70 feet of the lot shall have a sideyard setback of 5 feet for each stay. Or. Watkins' structure is two storyied and therefore is required to be at least 10 feet from the side yard. The building is located in compliance with sideyard setback requirements. VIII. That the intended use of the accessory building as testified by Mr. Watkins is in connection with the operation of a household. The storage of personal vehicles and a boat are considered normal activities associated with the resid- ence. There was no evidence submitted that the accessory building is being used for a commercial activity. Ix. That testimony was offered by area residents in support of the appellant's claims of violation expressing objection to a commercial business being establish- ed on the subject property. As indicated in the above noted findings no evidence that a business not in compliance with the zoning ordinance is being established on the subject property. I-4-80 Page 3 X. That testimony was received in support of Mr. Watkins' use of his property by area residents including adjacent property owners that they do not have any objections and that the activities on the subject property do not change the character of the residential neighborhood. XI. That Mr. Watkins had testified regarding the use of his property. That the accessory building will be used for the storage of farm truck and boats; that no business is being conducted in the accessory building; and that all equipment which is not associated with normal residential and animal keeping uses have been removed. Mr. Watkins intentions are also noted on an affidavit of Mike Watkins dated May 15, 1980 and made part of this record that the use of his premises will be lawful and within the provisions of the Spokane County Zoning Ordinance. XII. From these Findings, it is concluded that Mr. Watkins' property at E. 11902 Maxwell is not in violation of any provision of the Spokane County Zoning Ord- inance as of the date of these findings. XIII. Any Conclusion of Law hereinafter stated which is deemed a Finding of Fact herewith is adopted as the same. From these Findings, the Zoning Adjustor comes to these: CONCLUSIONS OF LAW That the Zoning Adjustor of Spokane County has jurisdiction to review the appellant claims pursuant to the provisons of Chapter 36.70.810 (3) RCW and Section 4.25.030 (c) of the Spokane County Zoning Ordinance. II. That the appellant submitted an appeal to the Planning Department requesting a public hearing before the Zoning Adjustor, and that pursuant to Chapter 36.70. 840 and Section 4.25.040 of the Spokane County Zoning Ordinance notice for a public hearing was given through the United States mail to all property owners within a radius of 300 feet from the subject property. III. That all citizens and public agencies were afforded the opportunity to testify or submit written comments on the proposed project. IV. That pursuant to the above cited provison of law, Findings of Fact herein- above substantiates this action by the Zoning Adjustor. V. Mr. Watkins' use of his property for residential related uses is consistent with the provisions of the agricultural suburban zone classification. That any restrictions placed on Mr. Watkins in regard to the type of vehicles used or the use of telephones within his residence would be an undue invasion of individ- ual property rights where it is found that such activities have no relationship to the public health, safety, and general welfare. I-4-80 Page 4 VI. Any Finding of Fact hereinabove stated which is deemed to be a Conclusion of Law is adopted as the same. 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