1988, 07-05 CUE-11-88 Findings, Conclusion and DecisionZONING ADJUSTOR
SPOKANE COUNTY, WASHINGTON
IN THE MATTER OF A CONDITIONAL USE )
PERMIT TO PROVIDE TEMPORARY HOUSING ) FINDINGS,
ECIION CONCLUSIONS
FOR A DEPENDENT RELATIVE. [CUE -11-88]; )
JUDEE MISTEREK )
COMPANION FILES: NONE )
SUMMARY OF APPLICATION:
The applicant requests permission to house Mark Allen Misterek, a dependent relative, in
temporary quarters. Section 4.04.170 jj. of the Spokane County Zoning Ordinance requires
a conditional use permit in order to accommodate this proposal. Authority to consider and
grant such a request exists pursuant to Sections 4.03.010, 4.24.010 and 4.24.560 of the
Spokane County Zoning Ordinance.
PROJECT LOCATION:
The proposal is generally located in the Spokane Valley on the southwest comer of Sanson
Avenue and Mayhew Road in the SE Y4 of Section 34, Township 26N, Range 44EWM. The
property is presently addressed as N. 5219 Mayhew Road; although the proposed
manufactured home would most likely be addressed off of Sanson Avenue.
DECISION SUMMARY OF THE ZONING ADJUSTOR:
Based upon the evidence presented and circumstances associated with the project proposal,
the Zoning Adjustor APPROVES the application, conditioned as set forth below.
PUBLIC HEARING:
After examining all available information on file with the application and visiting the
subject property and surrounding area, the Zoning Adjustor conducted a public hearing on
June 27, 1988, rendered a verbal decision on June 27, 1988, and rendered a written
decision on July 5, 1988.
FINDINGS OF FACT
1. The project location is as set forth above under PROJECT LOCATION.
2. The proposal consists of the applicants desire to locate a single -wide,
approximately fourteen (14) foot by sixty (60) foot manufactured home on the north end of
their parcel of land, fronting on Sanson Avenue. The unit would be hooked to a public water
system and have its own septic tank and drainfield installed. The "apparent" lot
configuration would be similar to the single-family dwelling unit Tots across the street to
the east. The unit is proposed to be established for Mark Allen Misterek, a dependent
relative.
3. The adopted Spokane County Future Land Use Plan designates the area of the
proposal as Urban.
4. The site is zoned Agricultural, which allows the proposed use upon approval of
this application.
5. The existing land uses in the area of the proposal include some agricultural
pursuits on small acreage parcels and residences on smaller single-family Tots as well as
small acreage tracts, all of which are compatible with the proposal.
6. The proposal is exempt from the provisions of Chapter 43.21 C RCW pursuant to
WAC 197-11-800 (1) (c) (i) and Spokane Environmental Ordinance 11.10.070 (1) (a).
7. The applicant has made aware of the recommendations of various County/State
agencies reviewing this project and has indicated she can comply with those
recommendations.
CASE NO. CUE -11-88; MISTEREK SPOKANE COUNTY ZONING ADJUSTOR PAGE 2
8. The proposed site plan indicates that setbacks, parking, height of the
structure(s) will conform to the Spokane County Zoning Ordinance. The applicant's
proposal shows approximately one (1) parking stall for the manufactured home. The Zoning
Ordinance, Section 4.17.057 a. requires two (2) parking spaces per dwelling unit be
provided and indicates that parking units may be "stacked" in the driveway. Therefore, the
applicant's site plan is modified to show two (2) side-by-side parking stalls, at least
sixteen (16) feet wide total, or the applicant may provide for a separate second carpark or
may stack two (2) twenty (20) foot parking stalls end-to-end if there is enough room to do
so without interfering with the drainfield.
9. The applicant has indicated she understood: (a) the limitations imposed under the
terms of Section 4.24.560 of the Spokane County Zoning Ordinance; (b) that if the
temporary residence is desired for more than one year the application will have to be
renewed; and (3) that a Title Notice will be filed by Spokane County with the Auditor's Office
regarding temporary occupancy only for specific named parties.
10. The applicant has submitted the required form signed by a licensed physician or
its equivalent regarding the need for dependent care and sufficient need is found to exist.
1 1. No one appeared to oppose the proposal nor were any written comments adverse
to the proposal received. There are no opponents of record.
1 2. The proper legal requirements for advertising of the hearing before the Zoning
Adjustor of Spokane County have been met.
13. The applicant and the Zoning Adjustor discussed at what point the temporary
manufactured home would be considered "unoccupied" from the standpoint of triggering the
forty-five (45) day removal period. The Zoning Adjustor advised that his interpretation
would be that point at which the dwelling unit was clearly no longer needed by the named
occupants; that is, non -permanent visitations or stays in extended care nursing home
facilities, etc. would not cause the triggering of the forty-five (45) day removal period.
14. Any conclusion hereinafter stated which may be deemed a finding herein is
hereby adopted as such.
From the Findings, the Zoning Adjustor comes to these:
CONCLUSIONS
1. The proposal is listed in the Spokane County Zoning Ordinance as a conditional use
allowed in the Agricultural zone and the proposal does meet the established and applicable
criteria described for that conditional use.
2. Various performance standards and criteria are additionally needed to make the
use compatible with other permitted activities in the same vicinity and zone and to ensure
against imposing excessive demands upon public utilities and these shall be addressed as
conditions of approval.
3. The proposal will neither be detrimental to the Comprehensive Plan nor the
surrounding properties.
4. The Zoning Adjustor may require such conditions of approval as necessary and
appropriate to make the project most compatible with the public interest and general
welfare.
5. The applicant's site plan must be modified to include two (2) parking stalls as
identified under Finding of Fact #8.
6. Any conclusion hereinbefore stated which may be deemed a finding herein is
adopted as such.
DECISION
From the foregoing Findings and Conclusions, the Zoning Adjustor APPROVES the
proposal. The following Conditions of Approval are stipulated.
CASE NO. CUE -11-88; MISTEREK SPOKANE COUNTY ZONING ADJUSTOR PAGE 3
CONDITIONS OF APPROVAL
I. GENERAL
1. The following conditions shall apply to the applicant, owner and successors in
interest and shall run with the land.
2. Failure to comply with any of the conditions of approval contained in this
decision, except as may be relieved by the Zoning Adjustor, shall constitute a violation of the
Zoning Ordinance and be subject to such enforcement actions as are appropriate.
3. The Zoning Adjustor may administratively make minor adjustments to site plans
cr the conditions of approval as may be judged to be within the context of the original
decision.
4. The Department of Building and Safety shall route the building permit application
to all of the agencies and office of county government below which are indicated as needing to
give their authorization prior to the release of a building permit. Upon reviewing the
various plans returned to the Department of Building and Safety by the other departments,
the department will consult with the Planning Department if there are any changes resulting
from review by the other departments when compared to the plans as approved by the
Planning Department. Such review may necessarily result in a revision of the site plan for
use by the Department of Building and Safety or possibly a with -holding of the building
permit until any conflicts are resolved.
II. PLANNING DEPARTMENT
1. The manufactured home shall be: (a) a minimum of thirty-five (35) feet or
more in length and be at least eight (8) feet in width; (b) constructed in accordance with
State of Washington or Federal manufactured home construction standards as evidenced by
the attachment of an insignia; (c) designed for transportation after fabrication on public
streets and highways on its own chassis and wheels; (d) skirted with a fire resistant
material; (e) connected to electric power, water supply and sewage disposal facilities and
other utilities as appropriate or necessary; and (f) the unit shall not be permanently
affixed to the land, except for temporary connections to utilities.
2. The manufactured home shall be occupied by either the dependent relative and
family, or by the relative with family providing care to the dependent relative owning and
occupying the principal residence.
3. Upon termination of the need for dependent relative care or the sale or lease of
the property, the applicant shall remove the manufactured home from the site within forty-
five (45) days.
4. A statement (Title Notice) shall be recorded by the Planning Department in the
County Auditor's Office stating that the manufactured home is temporary and for the use of
the named dependent relative(s) for which the Conditional Use Permit is approved and that
the manufactured home is not a permanent structure to be transferred with the property if
it is sold or leased.
5. Only one temporary residence may be permitted on a lot, parcel or tract of land
under the ownership or lease by the applicant for the Conditional Use Permit.
6. The permit shall be granted for a period of one year and may be renewed
administratively by the Zoning Adjustor or his/her designee upon the recertification: (a)
by a licensed physician that the medical problem still exists; and (b) by the original
applicant that the need still exists.
7. The renewal period shall be the first day of the month occurring after 12 entire
months pass since the date of this decision (July 1, 1989).
8. If the Zoning Adjustor believes there are extenuating circumstances associated
with the renewal of the permit, he/she may cause there to be a public hearing and
reconsideration of the permit; the expense shall be that of the county's if such
reconsideration takes place.
9. The manufactured home shall be located in substantial conformance with the site
plan on file in the Planning Department and any modification of proposed location shall only
CASE NO. CUE -11-88; MISTEREK SPOKANE COUNTY ZONING ADJUSTOR PAGE 4
be authorized by the Zoning Adjustor prior to location of the manufactured home and erection
at the site.
1 0. Prior to the Planning Department sign -off on any building permit application,
the Building and Safety Department site plan shall indicate two (2) parking stalls,
consistent with the Spokane County Zoning Ordinance Section 4.17.057 a.
III. DEPARTMENT OF BUILDING & SAFETY
1. The Department of Building and Safety shall route the building permit application
to all of the agencies and office of county government below which are indicated as needing to
give their authorization prior to the release of a building permit. Upon reviewing the
various plans returned to the Department of Building and Safety by the other departments,
the department will consult with the Planning Department if there are any changes resulting
from review by the other departments when compared to the plans as approved by the
Planning Department. Such review may necessarily result in a revision of the site plan for
use by the Department of Building and Safety or possibly a with -holding of the building
permit until any conflicts are resolved.
2. The applicant shall contact the Department of Building and Safety at the earliest
possible stage of design/development in order to discuss applicable code requirements, e.g.,
state and local Building Code Regulations, Including fire hydrant/flow requirements,
building permits, and any possible requirements of Fire District #1 regarding fire
apparatus access.
3. The Department of Building and Safety shall endeavor to see to it that two (2)
parking stalls are established for the manufactured home unit, consistent with the Spokane
County Zoning Ordinance.
IV. UTILITIES DEPARTMENT
1. 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 a ULID by petition method pursuant to RCW
36.94, which 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 objection to any assessment(s) on the property
as a result of improvements called for in conjunction with the formation of a ULID by either
petition or resolution method under RCW Chapter 36.94.
2. 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 Officer.
3. Any water service for this project shall be provided in accordance with the
Coordinated Water System Plan for Spokane County, as amended.
V. HEALTH DISTRICT
1. Sewage disposal shall be as authorized by the Director of Utilities, Spokane
County.
2. Water service shall be coordinated through the Director of Utilities, Spokane
County.
3. Water service shall be by an existing public water supply when approved by the
Regional Engineer (Spokane), State Department of Social and Health Services.
4. Subject to specific application approval and issuance of permits by the Health
Officer, the use of an individual on-site sewage system may be authorized.
5. Use of private wells and water systems for domestic purposes is prohibited.
VI. ENGINEERING DEPARTMENT
CASE NO. CUE -11-88; MISTEREK SPOKANE COUNTY ZONING ADJUSTOR PAGE 5
1. The applicant is advised that an approach permit must be obtained from the
County Engineering Department prior to the construction of any new driveway approaches.
This must be done prior to the release of a building permit.
VII. SPOKANE COUNTY FIRE PROTECTION DISTRICT #1
1. Access for fire apparatus should be reviewed by the Fire District #1's Chief.
The District will cooperate with the Department of Building and Safety regarding any
required fire apparatus access at the time of building permit application.
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 UABIUTY FOR
EXPENSES AND INCONVENIENCE INCURRED BY THE APPUCANT IF THE PROJECT APPROVAL
IS OVERTURNED OR ALTERED UPON APPEAL
DATED this 5th day of July, 1988.
Thomas G. kno her, AICP
Zoning A justor
Spokane County, Washington
FILED:
1 ) Applicant
2) Parties of Record
3) Spokane County Engineering Department
4) Spokane County Health District
5) Spokane County Utilities Department
6) Spokane County Department of Building & Safety
7) Spokane County Fire Protection District #1.
8) Planning Department Cross-reference File and/or Electronic File
NOTE: ONLY THE APPUCANT 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. (Sections 4.25.090 and 4.25.100 of the Spokane County Zoning
Ordinance)
TGM/jh
4
SPOKANE COUNTY PLANNING DEPARTMENT
APPLICATIONS BEFORE THE ZONING ADJUSTOR/BOARD OF ADJUSTMENT
Certificate of Exemption No.: Application No.: f}t -11-Fit
Name of Applicant: j u A ee. L , n`1; s i-t.r c- k, Agent: Y N
Street Address: `-i 14 M • OA it ii fi c i iiiiiiii
Zip • Phone .., Home: 926-6 3e/' -i
City:` )Iv l,�Zti z State: Wit . Code: " grR2-1 G Work: 924 -6,37i (tn e ,;4Jc)
Agents` No.
Name of Property Owner(s): iii flee L. MI 4 -Cry
Street Address: 5 2. 14 /L) - • ' -" kLL0
Zip Phone' Home: /26 -63g14
City: .1re) kiilte, State: WA Code: 4q2-1 Co Work: 924-637/6messa9c)
REQUESTED ACTION(S) -.(Circle appropriate action):
Variances)n itiona se e
Waiver of Violation Temporary Use/Structure
Nonconforming Lot/Use
Other:
FOR STAFF USE ONLY CODE , \ ORDINANCE
Cite Regulations Section(s): Oy- /70J j
�/ rope
Section: 3 7 Township:7Z ' Range: 7 Size:
Existing Zoning: /.t?/ tf_ftJ ! fi omp. Plan Designation f 1
rty �jiolation/;..,
orcement: Y
PSSA:2 N UTA
Hearing Date:
A
FIRE DIST.;
LEGAL
_CHECKED BY:
Personnel Taking in Application:
Existing e of Property: res t r1(vi re,
r.
Describe Intended Proposal in Terms of REQUESTED ACTIONS above:
a(i4.4;4-.onesi , f lvinhile_ hot . for vl2Je1orwi;Alt dir-d; 5a -bled son
C v P R pepe4dee7t
Street Address of Property: 52.1'! . Pat, Spoli r h e CA )n . 11z /L
Legal Description of Property (include :easement, if applicable):
\A) Fa r m Trr Tr P( (4 a4. of St n(o G, /'7Q Pf E)Ce- 5 423.8 ff
Ey G k 14 Ff. j/
Parcel No(s): 3 4 L44 - 02- 0 2 Source of Legal: Oct_v
Total amount of adjoining land controlled by this owner/sponsor:, K.21 -1-‘-e.,
What interest do you hold in the property? C uJher- rCsicle,_f
Please list previous Planning Department actions involving this property: KJ, $•‘?____
.
I SWEAR, UNDER PENALTY OF PERJURY, THAT: (1) I AM THE OWNER OF RECORD OR
AUTHORIZED AGENT FOR THE PROPOSED SITE; (2) IF NOT THE OWNER, WRITTEN
PERMISSION FROM SAID OWNER AUTHORIZING MY ACTIONS ON HIS/HER BEHALF IS
ATTACHED: AND (3) ALL OF THE ABOVE RESPONSES AND THOSE ON SUPPORTING
DOCUMENTS ARE MADE TRUTHFULLY AND Te) r 1 BEST OF OWLEDGE.
Signed: 4, ..,'
Address: /3-.V /'i' AJ . li? /cru( I
Phone No.:. 4 5%
Date: - -
Notary:
Date:_____,` �R $'
(Over) Revised 3-4-8R
IT., z#sa ty r the applicant or his/her representative to: establish the reasons
wli ACTION should be approved and to literally^ put forth the basic
Case. ,r;ccordin _• i . you should have been given a form for your requested action
yariance, , `condi • al use, etc.) designed to help you present your case in a way
ryv iicb, ,addreOeit,`the criteria which the Zoning Adjustor must consider. Please fill
14,9:417nooypitnd return it with your application. If you did not get a form, ask the
P1a' ingi6iYepartment personnel for advice on how to proceed.
B. SIGN -OFF BY COUNTY DEPARTMENTS AND OTHER AGENCIES
OCOUNTY HEALTH DISTRICT ,
/.
a) Proposed method of water supply: .d 'Ai LCL. _ f
b) Proposed method of sewage disposal: ' ,B. rM �r-�d�
osal. The applicant
A prelimina
has b
consultation has been held to discuss th
onnyd of requirements and standards.
(Signature)
(Date)
(Sign -off. Waived)
COUNTY ENGINEERING DEPARTMENT
A preliminary consultation has been held to discuss the proposal. The applicant
as—bee ed, of reouirements and standards.
h
ature) (Date)
(Sign -off Waived)
COUNTY UTILITIES DEPARTMENT (Waive if outside-WMAB).
[ A preliminary consultation has been `"held to discuss' the proposal The
cant has been /i}foed of requirements and standards.
Signature) (Date)
The applicant is required to " discuss the proposal . with 110
to becomeinformed " of- water system
requirements and standards.'
The applicant is required to discuss the proposal with
to become informed of,sewage disposal
(Sign -off Waived)
requirements and standards.
6)WATER PURVEYOR:
(Waive if putside CWSSAI
a) The proposal js/is not located within the boundary of' 'our future
service area.
b) The proposal js/is not located , within the boundary of our current
district.
c) are/are not able to serve this site with adequate water.
San facto arra nts bave/have not been made to serve this
5. SEWERAGE PURVEYOR:
140 -
(Date) (Sign -off Waived)
(If other than Spokane County)
A preliminary consultation has been held to discuss the prorosal.
The applicant has been informed of requirementsd standards.
Date
(Signature)
() (S gn- of f Waived)
V. CONDITIONAL USES
APPLICANT'S FORM
NAME:
FILE ij:
State Law, Section 36.70.020 (7), clarifies that the
county ordinances must specify (the standards and criteria
that shall be applied in the review by the Zoning Adjustor
A. Assuming the proposal is listed as a "permitted" conditional use, do you
believe the proposal meets all of the required established and applicable
c ri tori a?
V ,
B. What have you done or could you do to;
1) make the use compatible with other permitted activities in the same
vicinity and zone?
AND
2) `` ensure against imposing excessive demands upon public utilities?
i'Ati
4-list t FOU3 CV / l J C j"'
C. Explain how or why the proposal will not be detrimental to:
1) the Comprehensive Plan
Gt.YeP YY(,O b i l e._, itv 5 t 5C-[ rrU c t vid t1
/�-(»1 k_ - rhel;nirt; eriW jai -c15 CD'viral-al. It ��r,,�s``y AND
2) surrounding property 1.-( t .) i i( 1.3 e_. ell A6Aj_ivieff d 1
ockco fed
<;&w1_ 1.t S kcal es 0. 42�
D. What reasonable restrictions, conditions or safeguards will uphold the spirit
and intent (health, safety and general welfare) of the Zoning Ordinance AND
mitigate any adverse effect upon the neighboring properties-- including but
not limited to: (1) time limits; (2) front, side or rear yard greater than
minimum stated; (3) suitable landscaping; (4) signing; (5) off-street parking;
and (6) others?
1 1
rf-Lk. t t-hazty, I�, 1/u Me- ft zz e rel r �l cci t� /(((/55, h (� .c_i(46-
4'}1C bt. rt.
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l'lE' ��S��PI�C'1 't"nh AP i�t.�D �/riecz�Ait - d
WCr i J
SPQ ANC COI.MT• COURT "CUSC
STATE OF WASHINGTON )
COUNTY OF SPOKANE )
.�iidee.) I.. Plrter
pplicant
AFFIDAVIT OF
DEPENDENT RELATIVE CIRCUMSTANCES
(THIS STATEMENT MUST BE NOTARIZED)
, being duly
bath' deposes and says:
1) I am the owner, leasee or contract purchaser of the following property:
Assessors Parcel #: 34‘,44-4--02Z2
Legal Description: VAC -A1 TOL ''TR 'L.
OF B i ob E L70 FT EXC. $ 423. g Fr 4 E N 14 FT
2) I seek to house
'(continue separate sheet)
J rr A(Y1 r 5f e�C
ull names) h of.dependent relative(s)
by addition of a separate manufactured home on the property in addition to
the existing permanent residence, all under the provisions of the Spokane
County Zoning Ordinance, Section 4.24.560.
3) The above named person(s) are related to me as follow:
Son
4) The above named relatives are dependent upon me because of the following
circumstances:
heuro1o9;eaUj ; rnpaired /deLJeJoipMe".tait,.1 c alileA
5) In your opinion, is (are) the above person(s) physically or mentally in-
capable of caring for themselves and/or their property? 'Yes,; No
6) I fully understand I am responsible for the removal of the manufactured
home and related improvements at such time as the conditional use permit
becomes invalid or the above named dependent relative( no longer need
dependent care.
k«dd-L.M�f�r��.
Print/Type Name
SUBSCRIBED and sworn before me this 6V,
day of C , 19 .
calar ugf ( 'fn an�
or tine State
of Washington, residing at Spokane
STATEMENTOF
ATTENDING PHYSICIAN FOR DEPENDENT RELATIVE
.pOMAMC COYMTY COUNT MOY$C,`.'
To assist in meeting the requirements of the Spokane County Zoning
Ordinance. Section 4.24.560 b.2. and 4.03.020G�
..19 , conoerning. aFllcensed
physician's statement regarding, the nature.' of the med 1 problem end`:the
definiton of "Dependent",.I submit the following ;infonaation.
1) Full name of person(sl for tor' i`e fie` 00.
yyjj
1 GLr k A (a:h PV t 57e ri_�
2) Describe the nature.of the medical or health related crcumstance(s),'
physical and/or medical which establish a "dependency";situation:
610jVu/nalfai 6.--6•64‘14)
3) Is this a circumstance of short or long term duration.
4) The Spokane County Zoning i,ta def ,ne-` 1�p eveiat as'ai-
relative who has been determined ny:a licensed physician `too be `physically
or mentally incapable of caring for themselves and/or their property
you believe your patient is so qualified at the present time?
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