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1995, 07-26 Permit App: 95005609 ResidencePROJECT NUMBER= 95005609 APP3,ICATION DATE= 07/26/95 PAGE= 01 ****** THIS IS NOT A PERMIT ****** PENALTIES WILL BE ASSESSED FOR COMMENCING WORK WITHOUT SITE STREET= 17315^E MONTGOMERY DR ADDRESS= GREENACRES WA 99016 PERMIT USE= RESIDENCE - NATURAL GAS A PERMIT 156 -(1 --- PARCEL#= 55073.0462 PLAT#= 002044 PLAT NAME= PLAT"A" GREENACRES IRR.DISTRIC BLOCK= LOT= ZONE= SR -1 DIST#= G AREA= 00000001 F/A= F WIDTH= DEPTH= R/W= 50 #SOF BLDGS= 1 # DWELLINGS= 1 WATER DIST = CONSOLIDATED IRRG #2 OWNER= SHERRODD, ALDEN STREET= 19329 E VALLEYWAY AVE ADDRESS= GREENACRES WA 99016 PHONE= 509 922 0608 we' bakl -99914 CONTACT NAME= ALDEN SHERRODD PHONE NUMBER= 509 922 0608 -31 BUILDING SETBACKS: FRONT= 25 LEFT= 10 RIGHT= 25+ REAR= UNK O` ****************************** REVIEW INFORMATION DEPARTMENT ***************************** REVIEW REQUIREMENT BUILDING REVIEW COORDINATOR - C FRAZIER COMMENTS: BUILDING PLAN REVIEW REQUIRED COMMENTS: ?_S\i -7)26/45 StE S Cf AI. t NINDC 61) 5?t2,S of . Ce4 & - 51I \• :BUILDING SETBACK REVIEW REQUIRED COMMENTS: ENGINEER APPROACH/FLOOD PLAIN/DRAINAGE COMMENTS: HEALTHDIST NEW OR ADDITIONAL WASTE WATER COMMENTS: ) -q& (:() W/CULafit PLANNING UNPLATTED/SEGREGATED PROPERTY N �� •frtet ., pi 2h cu PLANNING REGULATED SHOR^ /� 7" �"C E /�i ,at ':d' /ZEIl/ jMl�� /Ord( bar g"efr(irefrl c COMMENTS: PROJECT NUMBER= 95005609 APPLICATION DATE= 07/26/95 PAGE= 02 COMMENTS: ******************************* BUILDING PERMIT ******************************* CONTRACTOR= OWNER PHONE= NEW= X REMODEL= ADDITION= CHANGE OF USE= DWELL UNITS= 1 OCCUP. LD= BLDG HGT= STORIES= 2 BLDG W X D = 30 X 40 SQ FT= 3340 SPRINKLER= N REQ PARKING= #HANDICAP= CRITICAL MAT= N DESCRIPTION GROUP TYPE SQ FT VALUATION BASEMENT U R-3 VN 1200 13200.00 DECK R-3 VN 400 2800.00 RESIDENCE R-3 VN 1200 69600.00 2ND FLOOR R-3 VN 940 51700.00 ITEM DESCRIPTION RESIDENTIAL VALUATION STATE SURCHARGE RESIDENTIAL SURCHARGE CONTRACTOR= OWNER ITEM DESCRIPTION QUANTITY FEE AMOUNT Y 772.50 Y 4.50 Y 139.05 MECHANICAL PERMIT ***************************** PHONE= QUANTITY FEE AMOUNT GAS APPLIANCE<=100,000BTU 1 12.00 RANGE '1 10.00 CLOTHES DRYER 1 10.00 GAS WATER HEATER 1 10.00 GAS PIPING 2 2.00 VENTILATING FANS 5 50.00 HOOD -TYPE II 1 10.00 ***********************'****** PLUMBING PERMIT ****************************** CONTRACTOR= OWNER ITEM DESCRIPTION PHONE= QUANTITY FEE AMOUNT TOILETS/BIDETS 4 24.00 TUBS 2 12.00 SHOWERS 1 6.00 SINKS 6 36.00 DISH WASHERS 1 6.00 CLOTHES WASHER 1 6.00 SEWAGE EJECTOR 1 6.00 WATER USING DEVICES 2 12.00 PERMIT TYPE FEE AMOUNT AMOUNT PAID AMOUNT OWING • PROJECT NUMBER= 95005609 APPLICATION DATE= 07/26/95 PAGE= 03 PERMIT TYPE BUILDING PERMIT MECHANICAL PRMT PLUMBING PERMIT FEE AMOUNT AMOUNT PAID AMOUNT OWING 916.05 104.00 108.00 1128.05 PROCESSED BY: CAROL FRAZIER PRINTED BY: CAROL FRAZIER .00 .00 .00 916.05 104.00 108.00 .00 1128.05 ******************************** THANK YOU ************************************ N N 7 a 0 APPLICATION' INFORMATION What is the JOB SITE address? ASSESSORS tax parcel number? LE /73/< Nps 0 "/ -5073 - K2 6 Z- Legal description as ft appears on the pr rty deed OWNER or CCUPANT Phone � » /kW", �2 Z Oi®r� M ing a dress Ci , state Zip . /q37 r //frA/g , .Ci, 1/�. fr%%� Who shod we ntact regarding this roject? Phone �f7 6i6�rro�.e /A , q'n 060 %/1e 6;y9%D What work is being done y0m e 7.°4 under this permit? �/ . (it'Ci✓) . ... nspec or dis .:......: .:::size: .. . . -,i'; > .. ..,. ... Right of way width:. - r ... . .. Water district Building .. ," 1 Buildingheight#of stades 2-- Lontractor Dimensions 3 P %4'o TOTAL SQUARE FOO l AGE WA State Contractor license # Main floorareaUnfinishedbasement area /F Mailing address 2nd fl`000 aaarreea04 ��X Finished sementarea Archrtect/Engm- -r Garage areao Size of decks, etc. 11". --ei ,� if s 7s y. What is thp heat source? What is the cost of your project? Manufactured Home Sign Width: Length: What is the square footage of the sign face? How high Is the sign? Year: Make: Installer Contractor Wa State Contractor license # Wa State Contractor license # Mailing address Mailing address 'RelocationFire Safety Previous address Fire Sprinkler _ Tent Paint booth _ Fire Alarm _ Fireworks display f VALUE Contractor Contractor WA State Contractor,license # �A State Contractor license # Mailing address Mailing address I -Fuel Storage -Tanks .. Swimming. Pool . i. (Circle one) Above -ground Underground Size / gallons Private Contents of tank(s) Size / gallons Public/semi-private Contractor Contractor Wa State Contractor license # WA State Contractor license # Mailing address Mailing address COMPLETE ALL APPLICABLE INFORMATION m PLUMBING PERMIT APPLICATION PROJECT ADDRESS: LC: / 73/s" */24 /pm v�rp OWNER: /VA —4e1/21.4e 1.4e PHONE: DAYTIME CONTACT MAILING ADDRESS: C/93Z9st/igit/�c'/ OtkMIGre 44, `l f iglnl 6J(city/state) ( p) CONTRACTOR: LICENSE: PHONE: MAILING ADDRESS: (street) (city/state) (zip) Tel. No. (509) 456-3675 • Fax No. (509) 3243198 • TDD No. (509) 324-31 Spokane County does not discriminate on the basis of disability in the admission to, or treatment or employment in, its programs or activities. 716E3IadWd4n hod PLUMIsING DESCRIPTION b At UtcrS DETAIL if OF UNITS MULTI- Lata• COST /UNIT EQUALS AMOUNT BO TOILETS WATER CLOSETS- BIDETS sf -3\ x $6 = $ BO URINALS. - x $6 = $ BO TUBS BATH. JACUZZI, SPA. GARDEN z x $6 = $ BO SHOWERS (per trap) BASE, STALL ON-SITE BUILD 1 x $6 = $ BO . _ SINKS LAVS/BASINS, BAR• FLOOR KITCHEN, LAUNDRY. UTILITY, JANITOR. PHOTO, X-RAY. FOOD (PREP/CULINARY/MEAT) / fP x $6 = $ BO DISHWASHER - / x $6 = $ 130 CLOTHES WASHER- / x $6 = $ BO GARBAGE DISPOSAL/GRINDER- x $6 = $ 81 WATER SOFTENER - x $6 = $ l)1 ELECTRIC HOT WATER TANKS (NOTE: W gas water bank. see mechanical) x $6 = $ BI FLOOR DRAINS AREA. CASE. COIL TRENCH. CONDENSATE x $6 = $ BI ROOF DRAINS/OVERFLOW DRAIN - x $6 = $ 81' FOUNTAINS, DRINKING- x $6 = $ BI WATER PIPING/DRAIN-WASTE-VE PLUMBING REVERSALS INSTALLATION, ALTERATION. REPAIR REVERSALS t. 4- x $6 = $ 81: SEWAGE EJECTORS GRINDER. cUMP PUMP / x $6 = $ R1- WATER USING DEVICES ICE AND/OR COFrtt MAKER HOSE BIB. STEAMER. PROOFER, CARBONATOR. SWAMP COOLERS /� Lr x $6 = $ l)1 CROSS -CONNECTION DEVICES VACUUM BREAKER, CHECK VALVE, AND R.P.B.P.D. FOR: VMS, SUMPS, TANKS. BOILERS. & SPRINKLER SYSTEMS x $6 = $ • Bl- ...... INTERCEPTORS GREASE TRAP, SAND TRAP. CHEMICAL HOLDING TANK x $6 = $ B2 MEDICAL GAS (per outlet/bottle stati NITROUS, OXYGEN x $6 = $ 132 MISCELLANEOUS FIXTURES x $6 = $ Spokane 1026 NOTE: MINIMUM PERMIT FEE IS $35.00 j� � SIGNATURE: /j C/r 4 4& /h Subtotal PLUS: PROCESSING FE $25.00 TOTAL PERMIT FEE DU $ CountyDepartment of Building & Planning W. Broadway Avenue • Spokane, WA 99260 'PLEASE MAKECUECKSPAYIWLE TO: , SIC�iNiYiEtMITCENTS Tel. No. (509) 456-3675 • Fax No. (509) 3243198 • TDD No. (509) 324-31 Spokane County does not discriminate on the basis of disability in the admission to, or treatment or employment in, its programs or activities. 716E3IadWd4n hod MECHANTCAL PERMIT APPLICATION PROJECT ADDRESS: 737c/fin iffe Qry OWNER: i// `tone/ PHONE DAYTIME CONTACT 9 ffir Y MAILING ADDRESS: L, /93 ".(s//.�1 /„/tic ��F ids- f, treet) (cty/state) (app(4 f CONTRACTOR: LICENSE: PHONE: MAILING ADDRESS: (street) (city/state) . 1V o. ax 1VO. (BUY) JL4-J1Y5 -1 )1) NO. Spokane County does not discriminate on the basis of disability in the admission to, or treatment or employment in, its program or act 7/6095 EmiY....ds...,r DESCRIPTION OF WORK A OF UNITS L n Lass COST /UNIT � AMOUNT 902 FUEL BURNING APPLIANCE = or <100,000 1 . $12 - , $03 FUEL BURNING APPLIANCE >100,000 $15 _ , $04 UNLISTED APPLIANCE (ADDITIONAL CHARG = or <400,000 . $50 1305 UNLISTED APPLIANCE (ADDITIONAL CHARG >400,000 . $100 - , $06 USED APPLIANCE (Must meet WSEC's min. AFU = or <400,000 . $50 - s 807 USED APPLIANCE (Must meet WSEC's min. AFU >400,000 $100 - s $OS BOILER/REFRIGERATION 1-1oom BTU $12 - s :309 BOILER/REFRIGERATION 101-500M BTU . $20 - s Bit) BOILER/REFRIGERATION 501-1,000M BTU $25 - s 811 BOILER/REFRIGERATION 1,001-1,750M BTU . $35 - s 912 BOILER/REFRIGERATION +1,750M BTU $60 - s 913 GAS LOG, GAS INSERT, AND/OR GAS FIREPLA - . $10 - s S14RANGE - / $10 - s $[S DRYER - / $10 - s 916 FUEL BURNING WATER HEATER - / $10 - s 817 MISCELLANEOUS FUEL BURNING APPLIANCE - . $10 - s BIS GAS PIPING (ea. outlet) - 2. $1 - s $19 DUCT SYSTEMS - $10 - , 820 VENTILATING FANS •'s - 5 $10 - $ 1321 AIR HANDLER (DOES NOT include duct systems) = or <10,000 CFM . $12 - s 822 AIR HANDLER (DOES NOT include duct systems) >10,000 CFM $15 - s 1323 EVAPORATIVE COOLERS - $10 - s B24 TYPE I HOOD - $50 - s $25 TYPE II HOOD - 1 $10 - s B26 HEAT PUMP/AIR CONDITIONER 0-5 TONS . $12 - s B27 AIR CONDITIONER 6-15 TONS $20 - s 928 AIR CONDITIONER 16-30 TONS . $25 - s $29 AIR CONDITIONER 31-50 TONS . $35 - s $30 AIR CONDITIONER +50 TONS $60 - s B3I LPG STORAGE TANK - $10 - s B32 WOOD OR PELLET STOVE/INSERT - . $25 - s Spokane 1026 NOTE: MINIMUM PERMIT FEE IS $35.00 SIGNATURE: Subtotal PLUS: PROCESSING FEE $25.00 TOTAL PERMIT FEE DUE $ County Department of Building & Planning W. Broadway • Spokane, WA 99260 PLEASE: MARE;CIIECKSIPAYABLErTQ ii SPOIL IE..,COLI7"LY.PgfusII'I`;C ............ _. _ _ ... ......... . _ . .. . 1V o. ax 1VO. (BUY) JL4-J1Y5 -1 )1) NO. Spokane County does not discriminate on the basis of disability in the admission to, or treatment or employment in, its program or act 7/6095 EmiY....ds...,r RECEIPT SUMMARY TRANSACTION NUMBER: T9400982 DATE: 06/06/94 APPLICANT: ALDEN SHERRODD ADDRESS: 19329 E VALLEYWAY GREENACRES WA 99016 PHONE= 509 922 0608 CONTACT NAME: ALDEN SHRRODD PHONE= 509 922 0608 TRANSACTION: ON-SITE SEPTIC REVIEW DOCUMENT ID: 1) 2) 4) 5) FEE & PAYMENT SUMMARY ITEM DESCRIPTION SEPTIC REVIEW FORM 3) 6) QUANTITY FEE AMOUNT 1 45.00 TOTAL DUE = 45.00 TOTAL PAID= 45.00 BALANCE OWING= .00 PAYMENT DATE RECEIPT# CHECK# PAYMENT AMOUNT 06/06/94 00006101 4306 45.00 PROCESSED BY: BURRIS, ROBIN PRINTED BY: WENDEL, GLORIA ******************************** THANK YOU ********************************** ** On-site Sewage Disposal System Informational Review rr NOTICE The review by the various departments as provided for herein is solely for the purpose of advising the Spokane Count) Health District of the subject compliance with various codes and regulations. the issuance of a penult by the Spokane County Health i. property's District for the installation of an on-site sewage disposal system is not to he construed as a vesting of a right by the owner / representative to obtain a building permit for this property. At the time that a building permit is applied for the subject property must comply with all applicable federal, state permit for the on-site sewage disposal system the date of this document the subject pioperty change between the date of this document the meeting such regulations in effect on th Street Address: G. r' /23 or local laws, ordinances or regulations with the exception of those relating to the rsstuutce of a by the Spokane County I Icallh District, pursuant to this tont Accordingl}, although as of may poet certain state or local laws, ordinances or regulations, in the event such items and application for a building permit, the owner / representative will be responsible for date of the application for the building pennit ea ea 15 Mom om Tzro r / _e Parcel Number: ✓ C° 73n 4 ?n ) I Legal Dam iption: 3E.0 ^��eel west (p /' n (� r'1S1�/ ' i _gigs t! �Igen�iro/ Pnone: •4pr 9z oty,5, Property Owner: Mailing AT /' 9 Vila g✓ eei7a7c� G✓er. 99di6 Address: y _//y Date: -2-'9V Signature:e: r PLANNING DEPARTMENT h � r Dedicatory language within plat object property is legally divided t��n %Certificate of exemption required'.jhIQ a -.krec{ ��ttok �Ie f- (�' isJ -L '/IA 64,10 `!` " se authorized under the Zoning Code f1 etbacks meet Zoning Codes requirementscon5• 1 horclines permit required 1 �� ariance required for the following reason: l er` • C'TJ172✓ 14-^ tat ` - tyT LAS 5 I I- 1t��yy`_q��`;'''yyyl� � I k6 OFp 7�t 'tea �'✓�i�1�1 � { IL%/Jf� • Other. — 'I ,X.. Date: DIVISION OF ENGINEERING Site drainage review required rA Maintained county road _� Approach pennit required r F1L N Flood zone } Variance requirements other : AO ' Reviewed by: . : ' C I Date: 4 //e / 11 _ I DIVISION OF BUI DINGS TRANSACTION #: Th!'- qia The Division ofBuildin has advised the proFerty owner / representative that an in depths review may be necessary when a formal building pennit apphic ion 's ubmitted. /� //— Reviewed by: �t/ Date :/ln/� ��6 rr ALL SETBACKS INDICATED ARE FROM THE PROPERTY LINE OR CENTER LINE OF RIGHT- OF -WAY WHICHEVER IS MOST RESTRICTIVE THE CURB IS NOT NECESSARILY THE PROPERTY LINE Ern UM7 Room /ua con. I. 1".50. ER� ADD HES 4_12 ROAD C'_ FF ;.... COTSMEN REVIEW 1/ e/La s - pRoPoSED PCO -r PL AAI (OR rile- PURPOSE OF Sn.'ga sysreAl PERMIT APP. NO. 13-174$ SPOKANE COUNTY PLANNING DEPARTMENT APPLICATION FOR ADMINISTRATIVE EXCEPTION (OTHER THAN LACK OF PUBLIC STREET FRONTAGE) FILE NO.: JAE 6 - /r,�`/ - A. GENERAL INFORMATION Name of applicant: h A I c- <rf 6f2 In C; p D Agent: Y Mailing address: t_ I =y ; Z. ' City: r?c ini- -el r /4-u_ L cy" Lc; ✓\ `-7 State: C - c. )-7 ZIP Code: g'-') O C (r PHONE - Home: `,2-7 — C -k(,(2 Work: If applicant is not owner of property, need written authorization for applicant to serve as agent. Legal owner(s)' name: t -t c Phone: Authorized agent(s)' name: h`A Phone: Parcel No(s).: 510 7 i • G rfc. ?_ Section: / Township: c- > Range: L/ 5- Legal description: Sc 4 rrcic, t c Current zoning: J 2_ — I Comprehensive Plan: Of 72: ni Arterial L'¢ - Arterial Road Plan: Current use -of -parcel: l: /AfC r-.)C>cSii-) c—r Street Address of Subject Parcel: ' "% 1 B. SPECIFIC INFORMATION C?AI'i rC: n 1_`1 Administrative exception requested (describe in terms of standard from which seeking relief): r�r (_rA..-L.) 2 ?. '/ / / n-- i ✓4/.' L7 `ter i ItC_rC_ 1°f-62- /(/, St (., h'- o(?) . Applicable chapter/section of Code: Explain reason for request: ;z. A'v'i-C C. cx' n Attach site plan with proper dimensions and other supportive information. i>'c): 17, r i.;- i �. {�t i i i i C_ t.. r 7� Page 1 Of 2 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 abbve responses and those on supporting�documents are made truthfully and to the bes t of my knowledge. Nail.; 61ter' : ^ •r, Na(1 t '' S i1 e,e r r Stateof:Washingion Signed: JCI A [/ A. �Jdto fns/ ) ss: County of Spokane, ) On this day personally appeared before me to me known to be the individual(s) described in and who axeeuted the' ackrioivledged that he/she/they signed the same as his/her/their free and ^urposes therein mentioned. GIVEN under NOTARY PUBLIC in and for the state of Washington, residin My appointment expires r/o, within and foregoing instrument, and voluntary act and deed, for the uses and 4490--0 U iiii ' PERSONNEL ONLY, :::,P.,9.519,!!!!: -File No:'AE - - PLANNING DEPARTMENT .. ' THE PLANNING DEPARTMENT APPROVFS/DENIFS'THIS ."ADMINISTRATIVE EXCEPTION' FORTHE PROPERTY,, y DESCRIBED ABOVE, PURSUANT TO THE ZONING CODE OF SPOKANE COUNTY, SECTIONS 14.506.000 AND .� 14.506.020 2- . THIS ADMINISTRATIVE EXCEPTION IS SUBJECT TO'DIEFOLLOWINGCONDITIONS AND/OR STIPULATIONS: .. eThe applicant shall comply with all requirements and regulations of the Zoning Code. 2. The applicant shall comply with all requirements of the Spokane County Health District and/or Utilities Department regarding wastewater disposal and on-site water or public water systems. The applicant shall comply with the following additional conditions: 2 Z - , ./2o n- )(4.611D"6 -re - /s PF/�,vt c TTCD THIS ADMINISTRATIVE EXCEPTION 2Z SHALL RUN WITH THE LAND. ' DATED THIS DAY OF ,4(kcS (I �js 19 .L/ .n n nrnwtTT ADDT Tr ATT(1N THIS CERTIFICATE MUST ACCOMPANY YOUR I IF APPLICABLE NOTE: THE APPLICANT OR AN INTERESTED PARTY MAY FILE AN APPEAL WITIIIN 20 CALENDAR DAYS OF THE ABOVE DATE OF SIGNING. APPEAL MUST BE ACCOMPANIED BY THE APPROPIRATE APPEAL PEE. APPEALS MAY BE FILED AT THE SPOKANE COUNTY PLANNING DEPARTMENT, 2ND FLOOR PUBLIC WORKS BUILDING, 1026 WEST BROADWAY, SPOKANE, WA 99260 (Section 14.412.041 of the Zoning Code of Spokane County). SPOKANE COUNTY PLANNING DEPARTMENT, 1026 WEST BROADWAY, SPOKANE; WA 99260 (509) 456-2205 SAM -AE App. Rev. 6/95 • Page 2 Of 2 IA PRoPos6o Pto-r Puy] foR PURPosi or sitv4ae sysrem PERMIT APP. WO 93-1718 SPOKANE COUNTY HEARING EXAMINER RE: Variance from setback requirements, ) FINDINGS OF FACT, in the Urban Residential -7 (UR -7) Zone; ) CONCLUSIONS OF LAW, Applicant: Alden Sherrodd ) AND DECISION File No. VE -11-02 ) ) This matter coming on for public hearing on August 7, 2002, the Hearing Examiner, after review of the land use application and the entire record, and finding good cause therefore, hereby makes the following findings of fact, conclusions of law and decision: I. FINDINGS OF FACT 1. The application requests a variance from the front yard setback requirements of the UR -7 zone, to allow the construction of a detached garage 10 feet from Montgomery Avenue. 2. The site is generally located along the north side of Montgomery Avenue, approximately 600 feet east of Flora Road, in the SW 1/4 of Section 7, Township 25 North, Range 45 EWM, Spokane County, Washington. 3. The site is currently referenced as County Assessor's tax parcel no. 55073.0462. The address of the property is 17315 E. Montgomery Avenue, Spokane, WA 99016. The site is legally described in File VE -11-02. 4. The applicant for the proposed variance is Alden Sherrodd, 19329 E. Valleyway Avenue, Greenacres, WA 99016-8542. The site owners are Alden and Gail Sherrodd, at the same address. 5. The Hearing Examiner heard the application pursuant to the County Hearing Examiner Ordinance (County Resolution No. 96-0171) and the County Hearing Examiner Rules of Procedure (County Resolution No. 96-0294). 6. The Hearing Examiner visited the site on August 6, 2002. A public hearing was held on the variance application on August 7, 2002. The notice requirements for the public hearing were met. 7. The following persons testified at the public hearing: James Richardson County Division of Planning 1026 West Broadway Spokane, WA 99260 Greg Baldwin County Engineering 1026 West Broadway Spokane, WA 99260 HE Findings, Conclusions and Decision VE -11-02 Page 1 Alden Sherrod 19329 E. Valleyway Avenue Greenacres, WA 99016-8542 8. The variance application is exempt from compliance with the State Environmental Policy Act and the County's Local Environmental Ordinance, pursuant to WAC 197-11-800 (6)(b). 9. The Hearing Examiner takes notice of the County GMA Comprehensive Plan and Capital Facilities Plan, Phase I Development Regulations, County Resolution Nos. 1-1033, 2-0037 and 2-0470, County Arterial Road Plan maps, 2001 County Standards for Road and Sewer Construction, County official zoning maps, County Zoning Code, County Code, other applicable development regulations, and prior land use decisions in the vicinity. 10. The record includes the documents in the project file at the time of the public hearing; the documents and testimony submitted at the public hearing, and the items taken notice of by the Hearing Examiner. 11. The site is approximately 1.03 acres in size and irregular in shape. A single-family residence is found in the west end of the subject property, approximately 23 feet from the south property line and Montgomery Drive, and approximately 23.5 feet from the west property line at the closest point. A driveway extends east from a parking area located on the east side of the residence to a driveway access to Montgomery Avenue, located in the middle of the site. A septic tank is located just northeast of the residence, with an effluent line running underground from the tank to a leachbed in the east end of the subject property. 12. The subject property has an average width of approximately 94 feet and an average length of 476 feet. A cutbank with a downward slope to the north of 40% bisects the southerly portion of the subject parcel, from east to west. The land lying between the cutbank and the south property line of the site, which abuts Montgomery Avenue, slopes down to the north at the rate of 25-28%. A concrete retaining wall extends easterly from the residence for approximately 25 feet, northerly of the cutbank. The site levels out in the middle of the site, at the base of the cutbank slope, before sloping down steeply along the northerly border of the site. Portions of the site are landscaped with trees, bushes and grass. 13. The site plan of record submitted on June 4, 2002 illustrates a 30 -foot square garage located 20 feet east of the residence, and 10 feet from the south property line and the right of way for Montgomery Drive. The site plan illustrates extension of the driveway for the garage from the south side of the garage to the paved surface of Montgomery Drive. 14. The site plan of record indicates the distance from the south property line and the paved surface of Montgomery Drive to be 25 feet. 15. Profiles attached to the geo-hazard evaluation submitted by the applicant's consultant show the proposed garage extending through the existing cutbank, the proposed excavation of the cutbank for the proposed garage, the proposed placement of fill between the garage HE Findings, Conclusions and Decision VE -11-02 Page 2 and the south property line to provide a driveway at the same level as the road, and location of the northwest corner of the proposed garage 10 feet from the retaining wall. 16. The Spokane River is located varying distances north of the subject property. The County Shoreline Master Program designates the Spokane River as a shoreline of statewide significance The entire site is located within 200 feet of the ordinary high water mark of the river and the shoreline jurisdiction of the Master Program. The Master Program designates the site in the Pastoral Area. The Centennial Trail is located between the site and the river. 17. County Critical Areas maps designate the Spokane River in the area as a Type I stream with a 250 -foot wide riparian buffer, measured from the ordinary high water mark. The entire site is located inside the buffer. 18. Effective January 15, 2002, the County adopted a new Comprehensive Plan ("GMA Comprehensive Plan"), Capital Facilities Plan, County Urban Growth Area (UGA) boundaries, and Phase I Development Regulations; all pursuant to the State Growth Management Act. Such action also repealed the interim development regulations previously adopted by the County under the State Growth Management Act. See County Resolution No. 2-0037. On May 7, 2002, the County made minor text revisions to the Phase I Development Regulations. See County Resolution No. 2-0470. 19. The Phase I Development Regulations designate the site and area lying south of the river in the Low Density Residential category of the GMA Comprehensive Plan and within the Urban Growth Area; and reclassified the zoning of the site and neighboring land south of the river from the Semi -Rural -1 (SR -1) zone to the Urban Residential -7 (UR -7) zone. 20. Single-family homes are found along Montgomery Avenue east and west of the site, on parcels of land both smaller and larger than the subject property. Many parcels in the vicinity have not been developed at the maximum residential density allowed in the UR -7 zone of seven (7) dwelling units per acre. 21. The main floor of the residence is at the same level as the proposed garage. A doorway located in the east wall of the residence provides access to the main floor at the northeast corner of the residence. 22. The applicant based the proposed variance on the need for a covered garage similar to other residences in the UR -7 zone; the topography of the site, which limits the location of the garage; the location of the retaining wall near the residence; the desirability of having a driveway and garage at the same level as Montgomery Avenue and near the residence; the difficulty of accessing Montgomery Drive along the existing driveway and access, due to the topography of the site and snow conditions in the winter; and the desire to preserve access to the main entrance to the residence via the existing driveway, between the proposed garage and the retaining wall. 23. County Engineering recommended that the opening of the garage be placed at least 18 feet from the county right of way along Montgomery Avenue, so that a vehicle parked in the HE Findings, Conclusions and Decision VE -11-02 Page 3 driveway would not encroach into the right of way, and to facilitate access into and out of the garage along Montgomery Avenue. The applicant objected to such request on the basis that the paved surface of Montgomery Avenue is located 25 feet from the south property line of the subject property line and the north right of way line for Montgomery Avenue; and that it is unlikely that sidewalks would ever be needed along the roadway adjacent to the subject property. 24. The County Arterial Road Plan designates Montgomery Avenue as a Local Access road. Such road has a right of way width adjacent to the site of 60 feet and a paved width of 18 feet south of the site. The site plan of record illustrates the paved width of such road approximately eight (8) feet closer to the south right of way line than the north right of way line for Montgomery Avenue. The centerline for the road adjacent to the site has not been established by County Engineering, but is located in the center of the right of way immediately west of the site. See Exhibit A. 25. The applicable front yard setback in the UR -7 zone for the detached garage is 25 feet from the south property line of the site and the adjacent right of way for Montgomery Avenue. See Zoning Code 14.618.325 (1). 26 A 2 -car garage is a typical amenity for single-family homes in the UR -7 zone and in the vicinity. 27 The standard paved width under the 2001 County Standards for Road and Sewer Construction for a Local Access road in urban residential areas is 30 feet. The standard border easement adjacent to such paved width is 10 feet, eight (8) feet of which is reserved for curb and sidewalk. Under such standards, the half width needed to accommodate pavement and border easement is 25 feet; and to accommodate the paved width, curb and sidewalk is 23 feet. See 2001 Road Standards, Table 3.03 and sheet A-1 of Standard Plans. 28. Since the site and neighboring properties are located in the UGA and zoned UR -7, residential densities in the area will likely increase over time, along with traffic along Montgomery Avenue. This may eventually lead to the need to widen Montgomery Avenue to its standard width, including the installation of curb and sidewalk. The centerline may be established in the middle of the right of way. To provide an 18 -foot separation between the garage opening and the sidewalk, and leave some space between the sidewalk and a parked vehicle, the garage door opening should be placed at least 12 feet from the right of way. 29. The current garage is oversized for a 2 -car garage, and could be shortened by two (2) feet and still provide adequate parking for two vehicles. 30. The topography and the relatively narrow width of the site comprise special circumstances that justify a variance from the front yard setback requirement of the UR -7 zone. 31. The purpose of the UR -7 zone is to set standards for the orderly development of residential property in a manner that provides a desirable living environment that is HE Findings, Conclusions and Decision VE -11-02 Page 4 compatible with surrounding land use and assures the protection of property values. The maximum residential density permitted in such zone is seven (7) dwelling units per acre. Strict application of the front yard setback required in the UR -7 zone creates an unreasonable burden in light of the purpose to be served by the UR -7 zone and Zoning Code. See Zoning Code 14.618.100 and 14.100.104. 32. Relevant policies of the GMA Comprehensive Plan and relevant regulations of the Pastoral Areas of the County Shoreline Master Program are set forth in the Staff Report. The general use regulations set forth on page 4-7 of the Master Program are also relevant to the proposed variance. This includes use regulation 5.5, which provides that in areas of 5% or greater slope, ground cover shall be retained or replaced with similar vegetation to prevent erosion. Use regulation 5.9 prohibits structures in the shoreline area from exceeding a height of 35 feet. These requirements have been added as a condition of approval. 33. Zoning Code 14.404.082 (2)(b), (2)(c) and (3)(a -g) do not apply or are not substantiated. 34. The proposed variance, as modified and conditioned, is consistent with the County Shoreline Master Program. 35. The geo-hazard evaluation submitted by the applicant's consultant incorrectly concludes that the slopes on the site are not subject to the geo-hazard provisions of the Critical Areas Ordinance; since the proposed garage will be constructed in the cutbank area of the site where slopes are 40%. The geo-hazard evaluation does indicate that the garage can be safely constructed on the subject property. The Examiner has added a condition of approval requiring compliance with the geo-hazard provisions of the County Critical Areas Ordinance. 36. The County Critical Areas Ordinance prohibits development within riparian buffer areas. County Planning has the authority to increase or modify standard buffer widths required for Type I streams under appropriate circumstances. See Section 11.20.060.C.2 of Critical Areas Ordinance. Single-family residences are required to comply with the County Critical Areas Ordinance. A "reasonable use exception" may be granted if an applicant for a development proposal demonstrates that the standards of the Critical Areas Ordinance would deny all reasonable use of the property. See Section 11.20.040.B. The Examiner has added a condition of approval requiring the applicant to comply with riparian buffer requirements of the ordinance. 37. Neighboring property owners did not comment on the proposed variance. The proposed variance, as modified and conditioned, will not adversely impact neighboring property owners or the public health, safety and general welfare. Based on the above findings of fact, the Hearing Examiner enters the following: • HE Findings, Conclusions and Decision VE -11-02 Page 5 II. CONCLUSIONS OF LAW 1 Because of special circumstances applicable to the property, strict application of the front yard setback requirements of Zoning Code 14.618.325 (1) creates practical difficulties and deprives the property of rights and privileges enjoyed by other properties in the vicinity and similarly zoned. 2. As conditioned and modified, granting of the variance will neither be detrimental to the public welfare nor injurious to the property or improvements in the vicinity and the General Agricultural (GA) zone in which the site is located. The proposal, as conditioned and modified, conforms to the GMA Comprehensive Plan. 4. The proposal, aside from the requested variance, complies with the UR -7 zone and other applicable development regulations. 5. Approval of the variance application, as conditioned, is appropriate under Chapter 14.404 of the County Zoning Code, and Section 11 of the County Hearing Examiner Ordinance, adopted by County Resolution No. 96-0171. III. DECISION Based on the Findings of Fact and Conclusions of Law stated above, the application for a variance from the front yard setback requirements of the Urban Residential -7 (UR -7) zone, for development of a detached garage, is hereby approved, subject to the conditions.of approval listed below. Any conditions of public agencies that have been added to or significantly revised are italicized. Failure to comply with the conditions of this approval may result in suspension or revocation of the variance by the Hearing Examiner. SPOKANE COUNTY DIVISION OF PLANNING 1. All conditions imposed by the Hearing Examiner shall be binding on the "Applicant," which term shall include the owners and developers of the property, and their heirs, assigns and successors 2. The variance applies to the property currently referenced as County Assessor's tax parcel #55073.0462, as legally described in Planning File No. VE -11-02. 3. The proposal shall comply with the Urban Residential -7 (UR -7) zone and all other applicable provisions of the Spokane County Zoning Code, as amended, except for the deviation allowed by the approval of the subject variance. HE Findings, Conclusions and Decision VE -11-02 Page 6 4. The applicant shall develop the subject property in substantial conformance with the site plan of record submitted on June 4, 2002, subject to compliance with conditions of approval and regulation standards. All aspects of the concept and proposal shall be binding on the development. Minor variations, to be approved by the Director of the Division of Planning/designee, shall only be allowed to meet regulation standards and conditions of approval. Any other modification must be presented to the Hearing Examiner for review and approval at a public hearing. 5. The detached garage shall be set back at least 12 feet from the south property line lying adjacent to the right of way for Montgomery Avenue. 6. The proposal shall comply with the geo-hazard provisions of the County Critical Areas Ordinance. The geo-hazard evaluation submitted on December 13, 2001 shall be revised to accommodate the 12 foot setback required for the detached garage, and shall include mitigating measures to address the construction of the garage on slopes exceeding 30%. 7. The proposal shall comply with the riparian buffer requirements of the County Critical Areas Ordinance. This may require the applicant to apply for a reasonable use exception or modified riparian buffer width for the detached garage. 8. The proposal shall comply with the use regulations of the County Shoreline Master Program, including, without limitation, the regulations for the Pastoral Area and the general use regulations applicable to all shoreline areas. 9 The Division of Planning shall prepare and record with the Spokane County Auditor a Title Notice, noting that the property in question is subject to a variety of special conditions imposed as a result of approval of a land use action. This Title Notice shall serve as public notice of the conditions of approval affecting the property in question. The Title Notice should be recorded within the same time frame as allowed for an appeal and shall only be released, in full or in part, by the Division of Planning. The Title Notice shall generally provide as follows: "The parcel of property legally described as [insert legal description] is the subject of decision by the Spokane County Hearing Examiner on September 4, 2002, approving a setback variance under the Spokane County Zoning Code and imposing a variety of special development conditions. File No. VE -11-02 is available for inspection and copying in the Spokane County Division of Planning." SPOKANE COUNTY DIVISION OF ENGINEERING AND ROADS Prior to release of a building permit or use of property as proposed: 1. The County Engineer recommends that a minimum setback distance of 18 feet be ' maintained between any proposed garage door opening and the County right-of-way. HE Findings, Conclusions and Decision VE -11-02 Page 7 2. A parking plan and traffic circulation plan shall be submitted and accepted by the Spokane County Engineer. The design, location and arrangement of parking stalls shall be in accordance with standard engineering practices. 3. No construction work is to be performed within the existing right of way until plans have been accepted by the County Engineer and a permit has been issued by the County Engineer. All work is subject to inspection and approval by the County Engineer. 4. The regulations of the National Flood Insurance Program shall be observed, since the subject property is affected by a flood hazard zone. A development permit must be obtained from the Spokane County Engineer before construction or development begins within any area of special flood hazard. See Chapter 3.20 of Spokane County Code. 5. Roadway standards, typical roadway sections and drainage plan requirements are found in County Resolution No. 1-0298 as amended and are applicable to the proposal. 6. Approach Permits must be obtained for any access to the Spokane County road system. 7. The applicant is advised that there may exist utilities either underground or overhead affecting the applicant's property, including property to be dedicated or set aside future acquisition. Spokane County will assume no financial obligation for adjustments or relocation regarding these utilities. The applicant should contact the applicable utilities regarding responsibility for adjustment or relocation costs and to make arrangements for any necessary work. 8. The County Engineer has reviewed the proposal for transportation concurrency and determined that it is exempt under Section IV (B)(2d)(iv) of the Phase I Development Regulations adopted by Spokane County. SPOKANE COUNTY DIVISION OF BUILDING AND CODE ENFORCEMENT 1. The applicant should contact the Division of Building and Code Enforcement at the earliest possible stage in order to be informed of code requirements administered/enforced as authorized by the State Building Code Act. Design/development concerns include addressing, fire apparatus access roads, fire hydrant flow, approved water systems, building accessibility, construction type, occupancy classification, existing exterior wall protection and energy code requirements. DATED this 4th day of September, 2002 SPOKANE COUNTY HEARING EXAMINER /CJS' Micha 1C. Dempsey, WSBA #8-C22-3Via HE Findings, Conclusions and Decision VE -11-02 Page 8 NOTICE OF FINAL DECISION AND NOTICE OF RIGHT TO APPEAL Pursuant to Spokane County Resolution No. 96-0171, the decision of the Hearing Examiner on an application for a variance is final and conclusive unless within twenty-one (21) calendar days from the issuance of the Examiner's decision, a party with standing files a land use petition in superior court pursuant to chapter 36.70C RCW. Pursuant to chapter 36.70C RCW, the date of issuance of the Hearing Examiner's decision is three (3) days after it is mailed. This Decision was mailed by Certified Mail to the Applicant and by first class mail to other parties of record on September 4, 2002. The date of issuance of the Hearing Examiner's decision is therefore September 9, 2002, counting to the next business day when the last day for mailing falls on a weekend or holiday. THE LAST DAY FOR APPEAL OF THIS DECISION TO SUPERIOR COURT BY LAND USE PETITION IS SEPTEMBER 30, 2002. The complete record in this matter, including this decision, is on file during the appeal period with the Office of the Hearing Examiner, Third Floor, Public Works Building, 1026 West Broadway Avenue, Spokane, Washington, 99260-0245. The file may be inspected during normal working hours, listed as Monday - Friday of each week, except holidays, between the hours of 8:30 a.m. and 5:00 p.m. Copies of the documents in the record will be made available at the cost set by Spokane County. Pursuant to RCW 36.70B.130, affected property owners may request a change in valuation for property tax purposes notwithstanding any program of revaluation. HE Findings, Conclusions and Decision VE -11-02 Page 9