CUE-34-90
If F. D
: DEC 2 a 1990 ~
ZONING ADJUSTOR _5~~~Ncr COU``~~ ENIGINEER
SPOKANE COUNTY, WASHINGTOIV
IN THE MATTER OF A CONDITIONAL USE )
PERMIT FOR A PRIVATE KENNEL ) FINDINGS OF FACT,
[CUE-34-90] JOHN T. & KATHRYN STONE ) CONCLUSIONS,
COMPANION FILES: ANIMAL CONTROL ) AND DECISION
COMPLAINT FILE ) ADDRESS: 1112 N. MAMER PARCEL NUMBER: 15541-1214
APPLICATION DESCRIPTION:
The applicant proposes to locate a private kennel, one having more than 5 but less than 11 adult
dogs and/or cats, on a parcel, in addition to the primary residence. Sections 4.04.170 (pp) and
4.24.740 of the Spokane County Zoning Or-iinance allows this use upon approval of a
. conditional use pernut. Authority to consider such a request exists pursuant te~.section
4.25.030 a. of the Spokane County Zoning Ordinance.
PROJECT LOCATION: Generally located in east Spokane County, east of and adjacent to
Mamer Road and approximately 1/3 mile north of Broadway Avenue in the NE 1/4 of
Secrion 15, Township 25N, Range 44 EWM.
OPPONENTS OF RECORD:
George C. Matthews Ray Ankeson Lovena Hansen
Cecil Whipple Richard M. Adams Don Barden
Jul Sitter Elizabeth Mathews Shirley Barden
Richard F. Malone Mrs. R. M. Adams Maldo P. Hansen
Werner L. Jud Betty Jud Colleen Smith
PUBLIC HEARING AND DECISION:
After consideration of all available information on file, exhibits submitted and testimony
received during the course of the public hearing held on December 5, 1990, and the Zoning
Adjustor rendered a written decision on December c~ 7, 1990 to APPROVE the application.
The permit expires on January 1, 1992 or the first working day thereafter. Administrative
renewal is setforth below.
FINDINGS OF FACT AND CONCLUSIONS
1. The proposal is described above and detailed in documents contained in the file. The applicants presently have six dogs, which reside in the house as house pets. These dogs
are able to go through a"doggie" door to the approximately 1/2 acre fenced backyard at any
time of the day. The backyani is not fenced with a sight obscuring, six foot tall fence. There
are no other runs except for the entire backyard area. In this regard, the applicant is not in
conformance with the standards of the conditional use pern-ft The dogs are clearly able to see:
(a) the street and its related activity, (b) the property and yard to the north and its activity; and
the property to the south and its activity. The dogs were described as generally high strung,
somewhat excitable and pnone to playing among themselves while making noises at the same
f t
CASE NO. CUE-34-90 SPOKANE COUNTY ZONING ADJUSTOR PAGE 2
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time. The applicant claims the noise is seldom of a barlang level and is but more of a"yipping"
level. The Zoning Adjustor observed the property from the street from a parked car and noted
that at least two of the dogs excitedly prowled the front yard facing fence while barking. The
barking was vaguely audible through the closed car windows. The applicant said the dogs
could be confined t,o the interior of the house during the required hours of 10 p.m. to 6 a.m.
2. The site is zoned Agriculture, which allows the proposed use approval of this
application. The parcel is approximately 1.8 acres in size.
3. The proposal is exenipt from the provisions of the Washington State
Environmental Policy Act, Chapter 43.21C RCW pursuant to WAC 197-11-800 (1) (c) (ii) and
Spokane Environmental Qrdinance 11.10.070 (1) (c).
4. The applicant has been made aware of the recommendations of various County
agencies reviewing this projecL W-%
5. The proper legal requirements for advertising of the hearing before the Zoning
Adjustor of Spokane County have been met
6. The applicant testified that animal waste is cleaned up from the backyard area,
placed in plastic bags and hauled away as garbage. This is acceptable to the County Health
District.
7. Mimal Control Officer Smoldt presented the following information. There were
complaints of too many dogs and dogs without licenses. There were two complaints about
barking. The applicants have complied, obtaining licenses for each dog and applying for the
conditional use permit to establish a private kennel. Barldng complaints have not progressed to
an affidavit stage of filing charges.
8. Adverse testimony or written comments were received regarding the proposal.
a. The adjacent property owner to the north (Matthews) stated in one instance the
dogs barked nearly solidly for eight hours as he was raking leaves in his yard. He
referred to the two white (Maltese) dogs as being uncontrollable when no one is
home (at Stones). No one is home most of the day. Mr. Matthews stated that he
has not had any problems at night.
b. Another party owning land to the southeast, while not citing any specific
instance, said that he would not build a house in the area while there was a kennel.
He implied that the noise or his understanding of the noise associated with the dogs
would be too unpleasant .
c. Jay Sitter, residing approximately 325 feet to the south complained of noise
when he attempts to use his front porch swing. He quesaoned whether or not the
confining area of the nonsight obscuring backyard fence was greater than 50 feet to
the nearest dwelling units, particularly the one to the north.
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CASE NO. CUE-34-90 SPOKANE COUNTY ZONING ADJUSTOR PAGE 3
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d. R. Malone stated that, although he lives some distance to the east and slightly to
the south, he was bothered by dogs while inside his house with all the doors and
windows shut during his lunch hour.
. e. W. Jud, who lives approximately 1000 feet to the north, stated that he is able to
hear dogs, which he believes are the applicants. He did not state whether this was
inside or outside of the house.
Officer Smoldt reported that his agency uses discretion with respect to complaintant distance in
deciding whether or not to take a complaint to court; that is, the farther away a complaintant
resides, the less likely to formally pursue it
9. The applicants stated thai they are trying to sell their house and move away and
hoped that a permit could be granted without the requiring of expensive improvements to the
house or property in order to mitigate any problems involving their dogs.
10. Regarding the scandards of 4.24.740 b. of the Spokane County Zoning
Ordinance, the Zoning Adjustor finds the following to be true:
a. The outside yard area used by the dogs (the back yard) is 62 feet from the
Matthew's house to the north and the yard area is not enclosed with a six foot, sight obscuring fence (4.24.740 b.3.)
- b. The applicant has not established a practice of confining the dogs inside the
house from 10 p.m. to 6 a.m.(4.24.740 b. 5.); but says this can be done.
c. The applicant has not submitted information which ind.icates that the standards
of the Zoning Ordinance have been satisfied prior to the public hearing (4.24.740 b.
11.); but says these conditions could be met. 11. On the assumption that the applicant is seriously trying to relocate or,
alternatively, can red~lce the number of dogs (she owns four and her elder live-in daughter
owns two) and, since a modest investment would be necessary to bring the property into
compliance, the Zoning Adjustor will let the winter pass by before enforcing several following
measures which should lead to a mitigated situation. The best that can be done in any case is to
attempt to screen the exenise area sufficiently so that the dogs do not become excited enough to
engage in constant barking or yapping. Therefore, the approach of the Zoning Adjustor is to
approve a kennel pemut for a one year period of rime with a provision for a renewal, and to
allow the existing physical situation to remain as is thrnugh about April 15, 1991. If the
applicant is able to sell the house and relocate, the situation is resolved. If the applicant and
more than 4 dogs are present on or around April 15th, the applicant is required to bring the
property into compliance by having a six foot, sight obscuring fence, which may be the entire
existing fenced back yard or a more confined area or run. However, the fencing shall screen
the dogs' view of neighbors to the north, as well as any views of the street. It need not be
fenced to the east and need not be fenced to the south unless complaints are receiveci from the
south. The Zoning Adjustor has no authority to grant total relief from the six foot right
obscuring fence standard per se; but, finds a lower fence can accomplish the purpose and intent
of the Qrdinance.
. CASE NO. CUE-34-90 SPOKANE COUNTY ZONING ADJUSTOR PAGE 4
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12. Beginning immediately, the applicant shall confine the dogs to the house between
the hours 10 p.m. and 6 a.m. The applicant shall also similarly confine the dogs during hours
in which there is no one home. It is assumed, as stated by thc applicant, that barking dogs will
be taken into the house when barking occurs for a sustained period (5 minutes seems
reasonable) whenever some is there.
13. The conditional use permit does not run with the land, but is issued only to the
Stones and only for this property.
DECISION
From the foregoing Findings and Conclusions, the Zoning Adjustor
APPROVES the proposal, subject to compliance with the following
CONDITIONS OF APPROVAL ~
1. 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 Adjustar, shall constitute a violation of the
Zoning Ordinance and be subject to such enforcement as are appropriate.
3. The Zoning Adjustor may administratively make minor adjustments to site plans
or the cond.itions of approval as may be judged by the Zoning Adjustor to be within che context
of the original decision.
4. The following is based upon the assumption of five or more, but less than 11
adult dogs. If fewer"hen five adult dogs are resident at Stones, none of the following applies;
or no permit is needed.
II. PLANNING DEPARTMENT
1. The permit is issued only to the Stones and is not transferable to a new property
owner.
2. Permit is issued for approximately one year period of time, expiring the second
day of January, 1992, or the first business day thereafter.
3. The applicant shall immediately begin to confine the dogs wichin the house
between the hours of 10 p.m. to 6 a.m. If the applicant still owns the property by April 15,
1991, the dogs shall have an established run area which shall be enclosed on the north and
wc;st sides by sight obscuring material tall enough to obscune the vision of the dogs being
confined. Z-he south side may also need to be encloseri if there are any complaints from the
p:u-ty immetiiately to the south. The dogs shall be confined to an area greater than 50 feet from
any dwelling unit to the north or the south. Inspections shall occur shortly after April 15, 1991
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CASE NO. CUE-34-90 SPOKANE COUNTY ZONING ADJUSTOR PAGE S
to ensure that there is such an enclosed sight obscuring outdoor run or yard area. Until sight
obscuring fencing occurs the dogs shall not be allowed the run of the yard when someone is
not home to bring them inside or otherwise quiet them. After sight obscuring fencing (north
and west) of some run or yard area occurs (April 15, 1991), then the dogs can be outside
• except from 10:00 p.m to 6:00 a.m Additional, sight obscuring fencing may be
administratively required upon reevaluation by the Zoning Adjustor.
4. If the applicant continues to occupy the house and in fact has complied with the
conditions of approval, the applicant may seek renewal of this gernut, for a periai to be set in
each instance by submitting a letter of request to the Planning Deparnnent prior to any given
expiration date. Such a request must be accompanied by a$25.00 fee.
5. At any time that the Planning Departmnt feels the condirions of approval are
being violated, the Department may call for a public hearing for the purposes of rescinding or
revoking the conditional use pernut. The advertising for such a hearing would be at the
expense of the Planning Department.
III. DEPARTMENT OF BUILDINGS
None is appropriate
- IV. UTILITIES DEPARTMENT
None is appropriate
V. HEALTH DISTRICT
1. Disposal of animal waste shall be consistent with section 1.06.200 (2) (h-j) of the
District's Rules and kegulations for Solid Waste Management and Handling.
VI. SPOKANE COUNTY ENGINEER'S OFFICE
None is appropriate
NOTICE: PENDING COMPLETION OF ALI. CONDITIONS OF APPROVAL WHICH
NEED TO BE COMPLETED PRIOR 'PO PERMIT ISSUANCE, PERMITS MAY BE
RELEASED PRIOR TO THE LAPSE OF'I'HE TEN (10)-DAY APPEAL PERIOD.
HOWEVER, THE COUNTY HAS NO LIABILITY FOR EXPENSES AND
INCONVENIENCE INCURRED BY THE APPLICANT IF TE-IE PROJECT APPROVAL IS
OVERTURNED OR ALTERED UPON APPEAL.
CASE NO. CUE-34-90 SPOKANE COUNTY 7ANING ADJUSTOR PAGE 6
.
DATED this ~----day of December, 1990.
THOMAS G. OSHER, AICP
Zon' justor
Spokane County, Washington
FILED:
1) Applicant (CertifiedlReturn Receipt Mail)
2) Opponents of Record
3) Spokane County Engineer's Office
4) Spokane County Health I?istrict
5) Spokane County Utilities Department
6) Spokane County Department of Buildings
7) Spokane County Fire Protection District No. 1
8) Planning Department Cr+oss-reference File and/or Electronic File
9) Spokane County Animal Control Office
NOTE: ONLY THE APPLICANT OR AN OPFONENT OF RECORD MAY FILE AN
APPEAL V'VITHIN TEN (10) CALENDAR DAYS OF TBE ABOVE DATE OF SIGNING.
APPEAL MUST BE ACCOMPANIED BY A$100.00 FEE. APPEALS MAY BE FII.ED AT
THE SFOK:ANE COUNTY PL,ANIVING DEPARTMENT, BROADWAY CENTRE
BUII.DING, NORTH 721 JEFFERSON STREET, SPOKANE, WA 99260 (Sections
4.25.090 and 4.25.100 of the Spokane County Zoning Ordinance).
~
. .
4.24.740 Private Kennel
C • a Zones Permitted: Agricultural, Single Family Residential, Agricultural Suburban.
Residential Manufactured Home, Two-Family Residential, and Unclassified.
b. Conditional Standards:
1. Minimum lot area: 1/2 acre.
2. No more than ten (10) dogs and/or 2en (10) cats over six (6) months of age are
permitted on the subject site.
3. That outside runs or areas shall be not less than fifty (50) feet from any
dwelling other than the dwelling of the owner and the run or yard area shall be
enclosed with a six (6) foot sight-obscuring fence, board-on-board or cyclone
with slats.
4. Tbe at:ucturga) boasins tho animn]s ::irll bc larsc ca02;:~' to
aocommodate dl saimals mi
~ and
shaU bc t~'w- ;a=:§j► oo~dprootod to ricct 173-0 rs
dcuxminod by C:e noisx 1tvcls for the n=m`_ ~ of =1=J-LI to
bc lcqpt dn.~.C a puiod of sormJ
5. All animals are to be housed within a structure and no outside animals are
permitted between the hours of 10:00 p.m. and 6:00 a.m.
.
( - 6. Landscaping for screening and noise abatement may be required by the Board of
j Adjustment in addition to sight-obscuring fencing.
. ~
7. One off-street parlcing space shall be provided for each ten (10) animals kept on
the premises.
8. A kennel license and inspections shall be made by the Spokane County Small .
Animal Control.
9. Advertising, signs, lighting and parking plans shall be approved by the Board of
Adjustment. 10. The permit shall be granted for a period not to exceed two (2) years. At the end
of such period an inspection shall be made of the premises to determine: (a)
compliance with all the conditions of approval; and (b) the advisability of
renewing such permit.
11. The applicani shall submit adequate information to aid the Board of Adjustment in
determining that the above standards are satisfied prior to the public hearing. .
12. Those conditions or safeguards as deemed necessary by the Board of Adjustment for the protection and assurance of the health, safety and welfare of the nearby
residences.
1 .
Printed: Zoning Ordinance .
July 1988 Page 237 of Spokane County
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~ PLANNING DEPARTMEfVt
ISi.r {',~.4 r ? EROApwqY CE+s'(AE BUiLDikG N. 721 JEFFERSON STR£ET
PkDNE 456•2205
SppKANE, wnSHISaGTprt 99260
s'r'ID•ctir.C Sa43ei'r ct9Ur'?1 NAtISc
~oir~iCIE cDIF SPOKANE COUN7,rY ZCMNG A.IDXtUSIrc~~~ ~UDBiLTcC
DA'I'E: December 5, 1990
TIM[E: 14:45 a.m. or as soon thereafter as passible
PLACE: Spokane County Pianning Department
2nd FlooX Hearing Roorn, Broad«ay Centre Bui.lding
North 721 Jefferson Street
Spokane, WA 99260
AGENDA I'TENI 5
Fite; Ci7lG-34-90
CONIDITIONAL IUSE PEIZIVII'lr FOIa A PRIVATE KENNEL:
L()CA7'[O(v; I.,ocated in east Spakane County, east of and adjacent to Mamer Road and
approximately 1/3 mile north of Broadway Avenue in the NE 1/4 of Section 15, Township 25N,
Rw1ge 44 EWK
PROPOSAif: L.ocate a private kennel, one having more than 5 but less than l.l adult dogs and/or
cats, on a parcel, in addztian to the prunary residence. Secrion 4.13.062 of the Spokane County
Zoni.ng Qrd.inance and section 14 640.240 zz o£ the Zoning Code far Spokane Caunty allows this
use upon approval- of a cond.itioilal use pexmit.
EXISTING ZONTNG: Agri.cultural COMPREHENSIVE I'LAN: Urban
SI'A"E SIZE: ApproximateLy 1.9 acms
APPLICANT: 7'om and Catliy Stone
111.2 N. Mamer Road
Spokane WA 99216
ITEMS CA.RRIED aVER FROM PREVIOUS H£ARINGS MAY BE FIEARD FIRST,
POSSTBLY CAUSING DELIIYS. LECAL DESCRI.PTIONS AND PROJE-CT DETAILS FOR
T'I-IE-5E PROJECTS ARE AVAILABLE fN THE PLA.N1VfNG DEI'AR"fMM:ENT FILES.
APPEALS OF TT-IE DECISION ON T'HE ABOVE LISTED CASE MAY QNLY BE FILED BY
THE APPLI.CANT QR A'NOPPONENT OF RECORD ACCOMPANIED BY A$1(?0.00 FEE.
(Secfions 4.25.090 and 4.25.100 0f the Spokane Couiity 7oning Ordinance.)
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SPOKANE .COUNTY PLANNING DEPAR'TMENT
. . ,
APPi.ICATIONS BEFORE TsHE ZONING ADJUSTORBOARD QEADJUSTMENT
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Certificate of Exem ' ~ ` No.: ic ti9n No.:
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Namc of Applic iv 7 ~ N' ~~C Agent: YN
. . Street Address: z2D m
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Zip Phone - Home&07 G <16V ~
z State: 6(- Code: `7 C1.~~ • Work ~ r~_ - 7 7 ~
Cit • ~ ~ e
~ _ya .Agents No.
- - Nam~e_.~of Protierty,_~Owner(s):~
Street Address: ~
- Zip Phone - Home:
City: ~ State: Code: Work:
REQUESTED ACTION(S) (Circle appropriate action): '
ndi~ional Use ]P Nonconforming Lot/Use
Variance(s) • ;emporary
~ Waiver of Violation--: Use/Structure ~ . Other:
. . . . . . , . . . .
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FOR STAFF USE ONLY CODE: ORDINANCE X
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~Jp~d -
ion
Cite Regulations Sect (s). ~
Property Violation/
• Section:'` Township: Range:Size: Enforcement: ~ N
Existing ~Zone~:'-'` "~~'Cq^ Comp. Plan Des.:- Crossover
. . . . - : . .p. , , ~ , , , ~ ~ . . , . . . I.EGAL ~
PSSA: -lN~~'~j'~. Y- N ASA: Y. N, _ FIRE DIST.T CHECKED BY:
. . ~r ~G',• ti ' : 1~".. ' '3 ` ' : .
Hearing' Datc:" Jou~~ • s,► 1 '1`~ Personnel Taking ~ in '~Application: ~
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1D ri~'~Yntended 'Proposal ~ in Tecros of, REQ ~~D„ACTIONS above:~
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. . Street Address of Property. -
L'egaI ~ Description of Property (include e ement, if 'appl ic ble): ~
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~ Parcet -No(s):~-~ V'Source of Legal: ~
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oining*:Jand cb'ntrolled by ~ this owner/sponsor: ~
, ''.,Total . atnount of~.;~adj A eQ e°
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Whai interest 'do ~you, hold in the property?
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Please Iist " p"revious;yPlanning,", Department actions involving this property:
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, STATE OF WASHNOTON S S . . ~
. . COUNTY OF SPOKANE ' . - ) . • ,
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I SW'EAR, UNDER PENALTY_ OF PERNRY, THAT: (1) I AM THE OWNER OF RECORD OR ALJTHORIZID
AGENT FOR THE PROPOSED STTE;., (2) IF NOrT THE OWNER,- WRT~I'EN PERMISSION FROM SAID
OWNER AUTHORIZINC3 MY ACTIONS ON FUS/HER BEHALF IS ATT'ACHED: AND (3) ALL OF TI-E
ABOVE RESPONSES AND TH4SE 'ON SUPPORT'IlVG DOCU S TRLrITEF[JLLY AIVD 'f'0 THE
BEST Oa MY -Y,OWLYYVM, tiw•y~~~'~ •.ll~ . ~ ~ ~ ~ ~ ~
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Address•
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Phone T ^ V Date:
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Notary Public-in and 'for the state of Washington,
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. s•: _ MY aPPo' ment expire
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Ir~ i~~eFas ~ fo~ t e applicant:.-or his/her representative to establish the reasons .
~,tbe, UES~~ED,r ACTION should be approved and to literally - put forth the basic
ca~a~ pgvtdt~_ly-;;+you should have been given a forcn for- your.- requested action.
(van~,:}!conditipidal use, etc.) designed. to help you present your case in a way .
which ~"dTesses the criteria which the Zoning -Adjustor niust . consider. Please fill
the form out and return it with 'your application. If you,:: did not -get a form, ask the
Planning Department personnel.. for advice on how to
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~ 1. COLINTY HEALTH DISTR, ICT ~ ~ ~
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a ) Proposed method ' of water supply:
b Pro osed method of sewa S e disPosal:! ~ _ ~~;1~, ~
) P YILs:
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1' ry consultation has been held to discuss he proposal. The applicant.
s b e i formed o requir n s and ndard
(S igna r ) (Date) (Sign-of Waived)'
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2. OUNTY ENGINEERING DEPARTMENT
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A prelimina consultation has been held to discuss ,the - proposal.., - The 'applicanc,,~'
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bas b n ~ormed of requirements and ~ st d'ards.
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(Signature (Date (Sign-off Waived) ~ , '
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3. Cni1NTY LITILITIES D,EPAgTMENT (Waive if outst'de WMAB)
, . . . - , ~ . . . . , . •
A preliminary consultation has been held to discuss the ~proposal: The
applicant has been informed of requireme ~ ts an standards.
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(Signatur ) (Date) ~ (Stgn'-off• ~ Waiv'ed)~',
The applicant is required to discuss the proposal with '
- - - ~ t,o :,.bgco_ i ~ormed o; ~ water
re9uirements ~ and ~standards:
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[ ] The applicant is -required 'to discuss 'the-' proposal ~'with
to become. infonned of sewage_.,disposal-~:-
requirements and standards.
. aive jf outs de, CWSSA) ,
4. WATER PURYEYOR (W
fi . ~,a _ . . . . ,
a ) The proposal ' ' located. within the boundary of 'our: ~ future
,
service area.
~ b) The proposal is/ls not .located. within the boundary of our- 'current'
district. ~ , : • ~ . _ ~ ~ ,
c) Wc are/are not, able to serve this site with adequate water. . ~ .
d) Satisfactory arrangements have/have . not been made to serve this
proposal. . - ~ . . ~ ~ ~•1 . .
(Signature) . (Date) (Sign-off Waived)
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5. SEWERAGE PURVEYOR:
. . . . (If other than Spokane ' County).
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A preliminary consultationJ has been held to discuss the proposal.
The applicant has been informed of requ,' n ents andstandards.
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(Signature) , . .(Date) ~ (Sign-off ~ Waived) _ . ,
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Page 4 of 4
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• :;UNllI'I'IONAL USE PERMIT APPLICATIO
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NAM~~ . FME: cu
v. rnNDtTIQNAI. vSES Scacc 'Law. Sccti.oa 36.70.020(7), c1arlFcs that the County Ordinanccs must spccify the atandards and critcria that -shall
, bc appliad in the rcvlcw by the Zoning Adjustor.
A. Assuming thc, proposal is listcd as i"persnitted" conditional use, do you bolieve
the proposal meets all of the required established and applicable criteria?
. B. What havc you donc or could you do to:
1. Makc cbc usc compatible witb othcr permitted activitics in the same
vicinity or zonc?
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, 2. Ensurc asainst imposing excessive damaads upon public utititias?
. . ~ . .
C-:-r1 ain. bor hy the proposal will not be datrimentel to:
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- - 1. The 'Com►;,,.r,c~~sivc Plan: - -
, . .
and ~
. . . ~ . .
• "J.. rro►~nc~~r►.• propcr,y:
~ ~ . .
D. ul~:? 1 rca '-on~`,; c restrictions, conditions or safegvards will uphold the spirit
and intcnc 0,;;alch, safcty and gencral welfare) of the Zoning Ordinance A N D
m i c i gate an;! adverse effect upon the aeighboring propertias including but
nOi limiced co:. 1) time limits; 2) front, side ot rear yard greatar. tha.n
• minimum -siated; 3) isuitable- laadscaping; 4) signing; S) off-street parking;
and ,6) others . _ . , .
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VA,~tIANCE BURDEN of PROOF Form NAMfi/4
FII.E NUMBER 3V
Introduction to this fonn: '
~ A-'-'variancc" is the means by which an adjustmcnt is mada in the application of thc spccific
regulations of the zoning classificadon far a paracular (thc subject) piece of propcrty. This
propcrty, because of spacial circumstances applicablc to it, is depnved of privilcges commonly
cnjoyed by other propcrties in the vicinity and in a similar zonc classificanon. This adjustinent
rcmedies the d.ifference in privileges. A vanance shall not authorize a use otherwise prohibited in
the zonc classification in which the property is located.
The following quesdons will help to determine the outcome of pur request. Your request
requires accurate and complcta responses. First circle aithtr the yos" or the "no" answer(s)
following the questions txlow as they apply to your situation and Lhen explain as needed (in the
• space provided) to malce your unique situation clcar. Certain phrases from the Spokane County
2Aning Code sccdon on variances are included in these qucstions. They arc underlined.
If your rcquest is a ROAD FROIV'TAGE VARIANCE please answer only questions A,B,C,D,
and E. . .
A. Will this variancc permit a use which is otherwise prohibited in this zonc? es No
Explain: ' i~7 &
- IV v
B. Are there special circumstances (lot siu, shape, topography, location, access,
surroundings, etc.) which apply to the subject propeity and which may not
not apply to other properties in tha vigini ? . Yes No ExPlain d4~L,, ~
c-
C. Is the subject property dcvrived of Rrivilgges commonlyenjQyed by other
prol&rtie in the Yi 'ciTand in a similar zone classificaaon? Yes
Explain : = .
D. Will this variance be harcnful to the public welfare or to other properties in
the vicinitv and asimilar zone elassification? Y e s No
Explauin: E. Are there othtr similar situations in the vicinitv in a i il zone classification? Yes No
Are they pernutted uses ? Yes No Are they "nonconforming" uses? Yes No /c"c
Expla.in:
F. Could che subject property be put to a reasonable and pernlitted use by you or
another person without the requested variance? Yes (No)
Explain: Cp/Le g~S CV4 -7%
. ~ !
a ou~~~
G. If this request is granted, will the subjoct property be more environmentally sensitive, ,
energy conserving, or will it promote the use of an historic property? Yes ~to
Explain: .
Over please i
. Rcv: 5/22/90 Page 1
~
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H. If this variance is granted, will the broader public need or interest be served? Yes CNo
Explain: I. Will this variance be inconsistcnt with the purpose of the zoning which applies
to the sub'ect ProPenY? Yes (No J
~
Explain. .
j. Will approval of this variance grant to the subject property the privileges of a d.ifferent
zone classificadon (in other words would this be a"dc facto" zone change)? Yes CNo
Explain:
K. Will this variance be inconsistent with the general purpose and intent of the Comprehensive Plan? Yes o
Explain
L. Is this variance required for a reasonable economic return from the subject property ,
or is the cxisting structurc too small? Yes No Explain: M Did thc practical difficulty which caused you to apply for this varianCe exist
before you owned the subject property? - Yes No
Explain:
N. If approved, would this variance affcct land use density regulations which exist
to protect the Rathdrurn/Spokane Aquifer? Yes No
Expla.in:
The following space is for furthar explanadon. Your applicadon will get bettei consideratiop if
what, how, and why you propose your application is clear. Attach an additional page(s) if needed.
.
,
.G
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~
,
are invite to prese t addi ' nal photographs, diagrams, maps, charts, etc. i support o ~
this appiication (we have the equipment to display video tapes). No such additional mat ria
is required and in any case it must be BRIEF end descriptive of issues which need to be
considered in relation to this requested variance. If you have questions about the procedure ~ -
to be followed feel free to contact the Spokane County Planning Department (456-2205).
Page 2
•y~
OFFICE OF THE COUNTY ENGINEER
SPOKANE COUNTY, WASHINGTON
November 26, 1990
T0: SPOKANE COUNTY PLANNING DEPARTMENT (Current Planning
Administrator)
FROM: SPOKANE COUNTY ENGINEER
SUBJ: CUE 34-90 / Stone
re: Variances
The County Engineering Department has reviewed the above referenced
application. The following comments are offered for inclusion in
the Findings and Order as "Conditions of Approval" should the
request be approved. E64 WE HAVE REVIEWED THE ABOVE REFERENCED PROPOSAL AND HAVE NO
COMMENTS TO MAKE CONCERNING THE APPLICATION.
CU =34=90
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