VE-005-95
~ ~s
~'D
, RE01
~ JUH 1 4 1995
ZONING ADJUSTOR sP~~~F 'COutilv E►WvINEER
SPOKANE COUNTY, WASHINGTON
IN THE MATTER OF A VARIANCE FROM ) FINDINGS OF FACT,
FLANKING STREET AND FRONT YARD ) CONCLUSIONS, SETBACK STANDARDS ) AND DECISION •
FILE: VE-5-95 (A&B) .
APPLICANT: WINDERMERE/THE TUPPER GROUP, INC.
COMPANION FILE(S):
APPLICATION DESCRIPTION: The applicant requests the following: A) a 42'-10"
setback from the centerline of E. R.iverside Avenue, a flanking street right-of-way; and B) a 47' "
setback from the centerline of N. Riverside Avenue, a fronting street right-of-way; whereas, sections 14.624.325.3 and.1, respectively, of the Zoning Code of Spokane County require a '
65 foot setback from the centerline of both the flanking street and fronting street rights-of-way. Authority to consider such a request exists pursuant to section 14.404.080 of the Zoning Code
of Spokane County and Spokane County Board of Counry Commissioners resolution No. 89
0708, as may be amended.
PROJECT LOCATION: Located in the Spokane Valley, on the southwest corner of N.
McDonald Road and E. Riverside Avenue, in the SE 1/4 of Section 15, Township 25N, Range
44EWM. Parcel Number: 45153.4113 -
OPPONENTS OF RECORD: NONE
PUBLIC HEARING AND DECISION: After consideration of all available information
on file, one or more site visits, exhibits submitted and testimony received during the course of
the public hearing held on Apri126, 1995, the Zoning Adjustor rendered a written decision on
June 130, 1995 to APPROVE the application as set forth in the file documents and as
conditioned below.
FINDINGS OF FACT AND CONCLUSIONS
1. Testimony was taken under oath.
2. The proposal is described above and detailed in documents contained in the file.
3. In compliance with RCW 36.70.450, the Division of Planning determined that this _
proposal is generally consistent, as conditioned, with the Major Commercial category of the -
Comprehensive Plan.
4. The site is zoned Neighborhood Business (B-1), which allows the proposed use
upon approval of this application.
5. The existing land uses in the area of the proposal include a mixture of residential to the north and business to the east, west and south, all of which are compatible with the
proposal.
CASE NO, VE-5-95(A&B)SPDKANE COLTN`;[`Y ZONIlNG AD1USTOR PAGE 2
6. The propasal is exernpt from the provisions of the WasMngton State Envirorm,ental
Policy Act, Chapter 43.21C RCW pursuant to WAC 197-11-800 (G) (b)- .
7. The zeasons for grarrting the variance, as set farth by the applicant, are as follows,'
a. The subject parcel is baund on three sides by public right-of-way, each of
which establish a65 foot setback from the centerline of the right-of-vvay. b. As a resul,t of the above-described setbacks, the remaining possible huildable
faotprint is 25 feet by 7(} feet; small and awkwardly sized for use as tygica.l .
businessloffice space,
c. This property must alsa contain required arriaunt vf garking and '20S' storm
water drainage swales. ,
d. Failure to grant the variance will candem.n this site to remaining vacant over the
years as one wauld-be commercial, owner or 1andlord after another wiU lilcely reject it far
reasons af insuff'icient size resulting from application of the required setbacks.
e. This parcel is un.ique in the area when considering ttuee public road frantages
with respect ta the same parcel.
8. Section 14.404.0$2 of the Zoning Code addresses the requirements far granting a
variance, _ Subsection 1of the above section is a,s foilows.
. Any varia.nce frorn the terrns of the Zaning Code shall be subject to such condit,ions
as will (a) ensure that the adjustment shall not constitute a grant of special privilege
. inconsistent with the limitations upon other properties in the vicinity and simu.lax
zone classification in whieb the property is situated, (b) ensure that the intent and
pU,I'poSE Of the ZoI11ng Code iS ma1I7taiC1ed Wltl rcgatd tQ loCatiOIl, site design,
appearance, landscaping and vther features of the propasal, and (c) protect the .
environm,enta public interes# and general welfare, and that the fa,llovving
circulnstances a.re found to apply:
a. Because of special circumstances applicable, #o the property, including size,
shape, topography, lcrcativn or surroundings, the strict application of the
Zoning Code creates practical difficulties and is found to deprive the property -
of rights and privileges enjayed by other properties in the vic inity and sirrilar
zane c1assifrcation; and
b. Tha# the grranting of the varianee wiR neither be materially detnmental to the -
public welfare nor injunaus to the praperty or improvements in the vicinity
and zone in which the property Xs 1ocated. (emphasis added)
Subsectian 4 of the above section defines several key terrns, one of the most irnpor-tant, of
whi,ch is 14.404.082.4.e vvherein'p~~ctical difficulties' are established as one or rnore of any
nurriber of differences and privileges characteristic of a property due ta a carnbination of special ,
circurnstances and standards of the Code: provided, that a ,practieal d~f~culty shall not soIely .HDNF--5-95(A&B) VYindermere
.
~
CASE NO. VE-5-95(A&B)SPOK:ANE COUNTY ZONING ADJUSTOR PAGE 3
be a parcel alleged to be too small for a given use if the subject property can be put to any
number of similar or alternative uses conforming to the standard. The subject parcel is unique with respect to the special circumstances applicable to it. Failure to grant the variance would establish a set of hindering special circumstances in this
property which would be difficult to overcome by almost an applicant for business or
commercial use. Granting this variance allows this property to establish itself with a'
respectable setback from McDonald Road, not unlike other properties in the area.
9. Rohan, in Zonine and Land Use Controls, § 43.02 [5], states that over the years a '
number of factors have been considered by courts with respect to granting variances. These
include: (1) whether strict compliance with the terms of the ordinance will preclude a permitted
use from being pursued; (2) whether the land will yield a reasonable retum; (3) the degree to .
which the applicant seeks to vary from the ordinance; (4) the degree of hatm which will be imposed on the surround.ing area if the variance is granted; (5) whether some other method can
. be pursued to avoid the need for the variance; (6) whether the difficulty is self imposed; and (7) whether the interest of justice and the general welfare will be served. Rohan continues that no
factor alone controls and all must be considered. It is a balancing act of the competing interest
between the landowner and the community, as expressed through the zoning document.
After consideration of all the facts, testimony, relevant case law and instructive usefulness of
Rohan's Zonine and Land Use Controls, it is concluded that the balancing test of competing
interest lies with approving the variance.
10. No adverse testimony or written comments were received regarding the proposal.
11. The applicant has been made aware of the recommendations of various County
agencies reviewing this project.
12. 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.
13. The proper legal requirements for advertising of the hearing before the Zoning
Adjustor of Spokane County have been met.
DECISION
From the foregoing Findings and Conclusions, the Zoning Adjustor APPROVES the proposal as generally set forth in the file documents, subject to compliance with the .
following
HD/VE-5-95(A&B) Windermere
r
CASE NO. VE-5-95(A&B)SPOK:ANE COUNTY ZONING ADJUSTOR PAGE 4
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 Adjustor, shall constitute a violation of the Zoning
Code for Spokane County and be subject to such enforcement as is appropriate. 3. The Zoning Adjustor may administratively make minor adjustments to site plans or
the conditions of approval as may be judged by the Zoning Adjustor to be within the context of the original decision.
II. DIVISION OF PLANNING
1. The applicant shall develop subject property generally in accordance within the
concept presented to the Hearing Body. Variations, when approved by the Planning
Director/designee, may be permitted, includ.ing, but not limited to building location, landscape
plans and general allowable uses of the permitted zone. All variations must conform to
regulations set forth in the Zoning Code for Spokane County, and the original intent of the
development plans shall be maintained.
III. DIVISION OF BUILDINGS
1. The applicant shall contact the Division of Buildings at the earliest possible stage of
design/development in order to be informed of code requirements administeredlenforced as
authorized by the State Building Code Act. Design/development concerns include: Fire
Apparatus Access Roads; Fire Hydrant/Flow; Approved Water Systems: Building Accessibility; Construction Type; Occupancy Classification; Exiting; Exterior Wall Protection;
and Energy Code Regulations.
IV. DIVISION OF UTILITIES None is needed.
V. HEALTH DISTRICT
None is needed. .
VI. DIVISION OF ENGINEERING AND ROADS
1. The applicant shall submit for approval by the Spokane County Engineer road, drainage
and access plans.
HDNE-5-95(A&B) Windcrmere
CASE NO. VE-5-95(A&B)SPOK;ANE COUNTY ZONING ADJUSTOR PAGE 5
2. A parking plan and traffic circulation plan shall be submitted and approved by the Spokane Counry Engineer. The design, location and arrangement of parking stalls
shall be in accordance with standard traffic engineering practices. Paving or surfacing
as approved by the Counry Engineer, will be required for any portion_of the project '
which is to be occupied or traveled by vehicles.
3. Roadway standards, typical roadway sections and drainage plan requirements are found
in Spokane Board of County Commissioners Resolution No. 80-1592 as amended and
are applicable to this proposal.
4. An approach permit shall be obtained from the County Engineering Department prior to
the construction of any new driveway approaches. This shall be done prior to the
release of a building pernut, change of use permit or certificate of occupancy. :
5. The applicant shall sign and record a"Spokane County Notice To Public No. 4" which
will allow the construction of a private road within the public right-of-way. NOTICE: PENDING COMPLETION OF ALL CONDITIONS OF APPROVAL WHICH
NEED TO BE COMPLETED PRIOR TO PERMIT ISSUANCE, PERMITS MAY BE
RELEASED PRIOR TO THE LAPSE OF THE TEN (10)-DAY APPEAL PERIOD.
HOWEVER, THE COUNTY HAS NO LIABILTTY FOR EXPENSES AND
INCONVENIENCE INCURRED BY THE APPLICANT IF THE PROJECT A.PPROVAL IS
OVERTURNED OR ALTERED UPON APPEAL.
,
DATED this /J"7-12 day of June, 1995.
~ THO G. OSHER, AICP
Z ning djustor
Spokane ty, Washington
FTLED:
1) Applicant (CertifiedlRetu.rn Receipt Mail)
2) Opponents of Record .
3) Spokane Division of Engineering and Roads
4) Spokane County Health District
5) Spokane County Division of Utilities
6) Spokane County Division of Buildings -
7) Spokane County Fire Protection District No. 1
8) Division of Planning Cross-reference File and/or Electronic File
NOTE: ONLY THE APPLICANT 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$215.00 FEE. APPEALS MAY BE FII,ED AT THE SPOKANE COUNTY DNISION OF PLANNING, PUBLIC WORKS BUII,DING, 1026 W. BROADWAY, SPOKANE, WA 99260 (Section 14.412.042 of the Zoning Code for Spokane County). DEADLINE FOR APPEAL IS 4:00 PM ON ~ Z3 9 .
HD/VE-5-95(A&B) Windermere .
F
1.
ENGINEER' S REVIEW SHEET
BLDG. PERMIT # -or -FILE VE005-95 -95
Related File # ( )
Date to Review 04-26-95;~ Time 9:00 # 1
Date to AA & DR Time
Date Received 04-03-95
Project Name FLANK ST/FRONT YD SETBACK 42' 10/47' (CODE No. Lots No. Acres 11,SF
Range - Township - Section
SITE ADDRESS W MCDONALD/S&E RIVERSIDE PARCEL # 45153.4113
Applicant's Name KEN TUPPER Phone # 928-7096
Address WINDERMERE/THE TUPPER GROUP INC Work # 928-1991
Dates Conditions mailed _ _/',S
Contract person Phone #
FLOOD ZONE , No W S School
Engineer / Surveyor's / Architect's Name
Planning Contract Person Phone # 456-2205
Date Submitted Description Initials
~
AGREEMENT TO PAY FEES OR PRIORITY FEE COMPLETED & COPY TO ACCOUNTING
FINAL PLAT FEES COMPLETED & COPY TO ACCOUNTING
t - -
NOTICE TO PUBLIC # 13 4 6 COMPLETED - OR NEEDS TO BE SIGNED
DESIGN DEVIATION SUBMITTED
ALTERATION TO PLAT - BLOCKS -LOTS
BOND RELEASED - ROAD & DRAINAGE IMPROVEMENTS
HEARING EXAM APPROVED DENIED- APPFAL.ED BBC / PROJECT APPROVED DENIED
BOND QUANTITIES FOR DRAINAGE ITEM CALCULATED
STAMPED MYLARS TO PERMIT TECHNICAN (SYL/SUZANNE)
STAMPED 208 LOT PLANS TO ADMYNISTRATIVE ASSiSTANT (SANDY)
~
, - - -
~
. . ,r i►
RECEIVED
. , pp R Q ' 1995
CQudy Engineering
S P O K A N E . C O U N T Y
PLANNING DEPARTMENT WALL[S D. HUBt3ARD, DIRECTOR
I~Y(o)ncIE (IDIF STOKAmIE cCUUNUZY 7LDIYIIMG ADJ1USlr(DIR IFUBILII(C
IHIIEARIIN(C AMID IFOIR7rIHI(CCMIIlqG IIDIE(CIISffGIq
DATE: Apri126, 1995
TIME: 9:00 a. m. or as soon thereafter as possible
PLACE: Spokane County Planning Departrient
Commissioners Assembly Room, Public Works Bui.lding
1026 W. Broadway
Spokane, WA 99260
AGENDA ITEM 1 FILE: VE-5-95(A&B)
VARIANCE FROM FLANK STREET AND FRONT YARD SETBACK
STANDARDS
LOCATION: Located in the Spokane Valley, on the southwest corner of N. McDonald Road
and E. Riverside Avenue, in the SE1/4 of Section 15, Township 25N, Range 44 EWM.
PROPOSAL: The applicant requests the following: A) a 42'-10" setback from the centerline of
E. Riverside Avenue, a flanking street right-of-way; and B) a 47' setback from the centerline of N.
Riverside Avenue, a fronting street right-of-way; whereas, sections 14.624.325.3 and.1,
respecuvely, of the Zoning Code of Spokane County require a 65 foot setback from the centerline
of both the flanking street and fronting street rights-of-way.
EXISTING ZONING: Neighborhood Business (B-1)
SITE SIZE: Approximately 11,830 square feet
APPLICANT: Ken Tupper
WindermererThe Tupper Group, Inc.
12929 E. Sprague
Spokane, WA 99216
AGENT: Design Alliance Architects
Don Henrichs
2918 N. Argonne Rd.
Spokane, WA 99212
Physically Disabled Access: All meetings and hearings will be conducted in facilities which
are accessible to disabled individuals. For more information, please contact t6e Spokane
County Planning Department at (509) 456-2205.
NOTE: THE ZONIlJG ADNSTOR WIIL ISSUE A WRITTEN DECISION'PO APPROVE OR DENY THE ABOVE PROPOSAL.
ONLY THE APPIICANT OR AN OPFONENT OF RECORD MAY APPEAL THE 7AMNG ADNS'POR'S DECISION AND MUST
DO SO W1THIN TEN (10) CALENDAR DAYS OF THE DA'IE OF THE DECISIONS SIGNING. APPEAL MUST BE
ACCOMPANIED BY A$215.00 FEE FILLED AT THE PLANNING DEPARTMENT, PUBL.IC WORKS BUIIDING,1a26 W.
BROADWAY, SPOKANE, WA 99260 (Section 14.412.042 of the Zoning Code of Spokane County). THE ABOVE
RFFERENCED FIIE MAY BE EXAMITIID AT THE PLANNING DEPARTMENT.
1026 WCST BROADWAY AVENUC • SPOKANE, WASlilh'GTON 99260-0240 •(509) 456-2205 • FAX: (509) 456-2243 • TDD: (509) 324-3166
SPfJKANE COuNTY PL,ANNING DEPAR'TMENT
APP I ATIQNS BEF
Name of Applicant• _ ~ .~1@1G5:'A"%Pgent:(DN ~ .
S treet Address: ~ ~~~W vp
Zip Phone - Home: City: ~ State: _WA Code: 4ftZ Work: _
Agent's No.:
Name of Property Owner(s): " . - L-Ut~ Street Address:
ZiP Phone - Home:
City: State: W1~ Code: WZ16 Work: t~ 1
REQUESTED ACTION(S) (Circle appropriate action):
~~ariance~~ ~ Condition, Use Pernut Exp ' of a
O~~.T Nonco ' g Use
FOR STAFF USE ONLY
i , Violadon/
Section Township 2~ Range ~ Enforcement Y
•Fire District •CWWP sewer purveyor. _:5'(70V-a4C-_ Gr::)
•CWSP water purveyor. Mna4AJ •CUP standards met: Y N~
•Existing zone: ~J ~ 171-SS °Cite applicable section; '3ZS
•Comp. Plan designation: Road Plan designation:~~ oav4cQ = W, A,'cNL
~N ~SA
°Critical Areas: Wetlan `iA; Habitat4; Geologic~.; Aquifer~,~; andlor Floodin~
7
, •Lot, legal-& add'1 ownership checked by: 11,10 •Person doing preapp conf.f 1,V
•Other/previous Planning Department actions involving this property:L ,44
~ 6 -1 ? / - 5-5 SEPA compleGe application dat,e; N /A
•Certificate of Exemption No.:, N/n► Application No.: IZE' 9:5-
•Hearing Date• ~Z ~ •Variance site plan dimensions checked byj~ ~`0
AtB fE -~i~ ~o~E p~ut l~c dJ ' ~ NL. "fi'o ~~2~t~ca4?~d Tv S~.~
ABOUT THE PROPERTY by, applicant ~ •Existing use of property: 2~EP ~-t .!.V~<Adv'r 2ev!zziceAx4~i~ gM- ` •Describe proposed use of the property, notinLr change from'existing use':
.
•If a variance application, state the Code standard and describe the variance soueht in comoarable terms (i.e., 50 feet frpm centerline verses required 65 feet): _ 14. &Zy, 3 z 5
%'Nr+~v4' ~ ,
s° vs ~s -P-7- : .
~n&~h'onal-use Pemut aPPlicadon, does ProPosal meet all standards? Y- N
I~-~
If not, has one or more variances been requested?o N -
•What is the size of the subject property.
•Street address of property (if known): Llk=h=sw~(t
•Legal description of property (include easement, if applicable): N~ 10~* •Parcel No(s).: -4~~L~.1~ .
•Source of legal: _zJ~--wt:E7
•Total amount of adjoining land controlled. by this owner, sponsor andlor agent: .
•What interest do you (applicant) hold in the pxoperty? ~4er1WU51a1S__V- .
STATE OF WASHIIiGMN ) SS COUNI'Y (JF SPOKANE )
I SWF.AR, UNDER PENALTY OF PERNRY, THAT: (1) I AM'IHE OWNER OF RFCC)RD OR AiTTHORTLED AGENT POR THE
PROPOSED •(2) IF NOrT'II-E OWNER, WRiTI'EN SSION OM OWNER AUTHORIZINO MY ACT[ONS ON
HLS kHW ACHED; AND (3) ALd.OF AB NSES THOSE ON SUPPORTDJC3 DOCUMENTS
A1VD'PO'IHE BEST E.
~eIQN Signed: Date • - f
. ~
y ~
N 7
~ OTARY .
~ otary b in and fe state of Was ' ton, residing at -
N . pUeUC z
. My appointrfient expires: _ ~
~
~ . ot.~~~
~o
PwAS page 1 of 2
HD/lA . 1?/94)
. . ~ ~
A. BURDEN OF PROOF form(s) (by applicant)
It is necessary for the applicant or his/her representative to establish the reasons why the
REQUESTED ACTION should be approved and to literally put forth the basic argument in favor
of approving the applicadon.. Accordingly, you should have been given a foran for your requested
action (variance, condidonal use, etc.) designed to help you present your case -in a way which
addresses the criteria which the Zoning Adjustor must donsider. Please fill the form out and return
it with your application.
• h . •
B. SIGN-OFF BY COUNTY DEPARTMENTS AND OTHER AGENCIES
(applicant must visit each agency whose no. is circled below)
U~ SPOKANE COUNTY HEAJ~TH DISTRIC a) ProPosed method of water suPP1Y:_
~
b) Proposed medlod of sewage ciisposal: sewev- A pre ary consultadon has been held to discuss the proposal. The applicant has ' formed
of re7;Signature) and standar~ We request consultati nth Planning Departrnent Y N
(Date) (Sign-off Waived)
SPOKANE COUNTY PUBLIC WORKS DEPARTMENT
. (Engineering & Roads Division) .
A preliminary consultation has been held to discuss the proposal. The applicant has been informed
o ' ments`land standards: We request consultation with Planning Department Y N
~ 2 ~ .
(Signa ) ~ ) (Sign=off Waived)
SPOKANE COUNTY UTILITIES DEPARTMENT (Planning Department may waive
if outside VAVMA)
A preliminary consultation has been held to discuss the proposal. The applicant has been informed
of requirements and standards.
~41,v 5 C, I(~
, ~ .
(Signature) (Date) (Sign-off Waived by Planning?)
The applicant is required to discuss the proposal with to become informed of water system
requirements and standards. (See #a below) ,
The applicant is required to discuss the proposal with
to become informed of sewage disposal ~
requirements and standards: (See #b below)
a . ATE T G~ W , R PURVEYOR• . _ G~
The proposal 'isrigset located within the boundary of our future service area.
2) The proposal islocaied within the boundary of our current district.
3) W able serve this site with adequate water.
4) g ory apr~en n made to serve this proposal.
. ~
ature) (Date)
Vb SEWERAGE PURVEYOR: , ~,oa ~ 4 ~d Se-i~ L r
, ; .
A preliminary consultation has been held to discuss the proposal. The appl'icant has been
inform of req ~atsTd standard ~ v~
~ .
. ' ature) (Dave)
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pa8e 2 of 2
HD/LA APP (REV. 12J94)
VARIANCE BURDEN OF PROOF FORM
Name: Poi'`i
File Number. -U-6 - j~~ -q S
A"variance" is the means by which an adjustment is made in the application of the specific
regulations of the zoning classification for a particular (the subject) piece of property. This
property, because of special circumstances applicable to it, is deprived of privileges commonly
enjoyed by other properties in the vicinity and in a s'imilar zone classification. This adjustment
remedies the ciifference in privileges. A variance shall not authorize a use otherwise prohibited in
the zone classification in which the property is located. The following questions will help to determine the outcome of your request Your request requires
accurate.and•completre responses. First circle either the yes or the "no answer(s) followuig the
' questions below as they apply to your situation and then explain as needed (in the space provided) '
te make your unique situation clear. Certain phrases from the Zoning Code of Spokane County s on on vanances are included ui these questions and are underluied for convenience. -
, • a • ' ' ' . . . Y
. A. Will this variance pennit a use which is otherwise prohibitsd in this~zune? . Yes No
. ExPlain: ~ . ` .
. . . , . .
. , ~'+~►3l~" ~1N '1~- '
B. Are there sDecial cucumstanm (lot-size, shape, topography, location, access,
surroundings, etc.) which apply to the subject property and which may not
apply to other properties in the yuinijy? . . . , e,1 No
Explain: aA4~Wt5bj -E5 St(DGS t~~ .~sCV, .
AV~ Fr CAdR] P=is- Z- ~ s--t Ce5w, P-l 062-S1Pe' le3, 1lPCT , A !5=,-i"• "It
r.AlT~~21V~bL. EAQ~it . . eff ; DF-
v~ AXG~GlJrt.) L,Ot « t~~ . . . .
C. Is ttie subject property denn' f~fiyfleges commnnly~joved bv oth
' in the ~ini~.and in asimilaur zone classification? . . Yes) No Explain: 7.0 W-E*29.P*0 S ~'~vt 4~r- 9~~
D. Will this variance be hann.ful to the public welfare or to other properties in •the 'v~c~ and asimilar zone classificatioq? Yes (g)Explain: -Pi'r.e~~
. . , . . . . , : .
E. Are there other similar situations in the y~inity in a similar zone classiificadon? Ye No Are they permitted uses? Are they "nonconfom3i"„ uses?
.
Explain: V~
oA)
. - r
' r .
F. Cou1d the subject property be put to a reasonable aad permitted use by you or another
person vvithout the requested vanance? Yes
Explain:-PO ~.tjz~-zk- I~2c~~.cdUcsF- r . .
~t . ~`~~'z G~~ ~C~ • ~ ~r ~ G~ _ tf
G. If this request is granted, will the subject property be more environmentally ,
sensitive, energy conserving, or will it promote the use of an historic property'Yes No
, Explain: CCWFf>PN( T-6 Pi-4, emuUpgs:ivtror-~ c.nr:r tsVbx1CJ •r~V~k ~',r,~I
. , . ,
~ 6u;vv- Up 19ecivL m CcE)eOr?aWN-`eV4,ce
'
64-~
Page 1 of 2
` -
PPP7
H. If this variance is granted, will the broader public need or interest be served? ~ YeDNo
Explain: l?' (N`DUL{~ ~.QFAoMe
I. Will this variance be inconsistent with the purpose of the zoning which applies to the
subject property? Yes 6fo~
. ~
~ Explain: !5Z?N~''~aAP_a J & , .
` .
• •1ff ~ f ,
J. Will approval of this variance grant to the subject property the privileges of a different zone
. classification (in other words would this be a"de facto" zone change)? Yes ( Explain:
. • • . • K. Will this variance be inconsistent with the general purpose and intent of the
Comprehensive Plan? Yes Q] o)
Explain: _LT G0Q[--> L4.tjer 4U'1S--rAr1rLJIV' AU-,- M~11'/VE~ -cY=
2.cz~Tccl; eTC-1 A- - Y1y~ tgLD. .
~ 1~ ~'~U~r~ .
'F~'~ ~~'-,4- • ~
L. I.s this variance.r, uired for a reasonable economic retum from the subject property or is th existing structure too small? 6Z ~ No
Explain: 7V 1?;,~ P6LOC _ QQ15 7P 6M~.W
~ ~~~t~1~C~1hl~i~.- ~~'S NKJ~'~~7t~ t~'•~'~ Tc~ ~`~C,~~'~ R~
,6T '
~~;~~u l~t vZ~=c~t ~DY
M. Did the nractical cultv which caused you to apply for ttus variance exist
before you owned the subject property? Yes No
Explain: ~ WgY- Y74MJL%`5-V 00
, , .
,
POplo a,`M . ct -7.S• N. If.approved, would this variance affect land use density regulations which exist to protect the Rathdrum/Spokane Aquifer? YesCeqo, D
Explain: 1?,' `Gxi1(.plf`1~ ~1 `
The following space is for further explanation. Attach an additional page(s) if needed.
A4~4 mmtqw-i mutc.~ !zW* nn-t e~.
,
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You are invited to present additional photographs, d.iagrams, maps, charts, etc. in support of this
application. We have the equipment to display video tapes. No such additional matenal is required
and in any case it must be BRIEF and 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 Sgokane County Planning Department at 456-2205. xP-vnxIaxc$ ; BURDEN OF PTtOOF FORM Page 2 of 2
xEV; sM
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02-10-1495 10:25AM , p,0*71
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44
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~ WindErmere ~
Real Estate
Spokarie .
~ ~ . Easr Sprague
7 '
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Ferruary 8, 1995 _
•
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Spokane Coubty Plaw~ng Aepa=ent
,
Spokane, Washfngtan
Ta Whom It May Concem: ~
I hereby authorize Don Henrichs of Design A,llianr,e, to act on my behalf as my agent on
the property that I own. on 105 N. McDonald. Parcel number for the McDonald propetty
. is 45153,4113,
Sincexely,
.
t.
~
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Kenneth J. Tupper
President
- KJT/dl ~
VYtndermere Rea1 EstatelThe Tupper Group, tnc. East 12929 Sprague Spokane, WA 99216 (509) 928•1991 Fax (509) 92F.4250
i •
TRANSACTION NUMBER: T9500197 DATE: 02/08/95
APPLICANT: DESIGN ALLIANCE ARCH PHONE=
ADDRESS: 2918 N ARGONNE RD
SPOKANE WA 99212
CONTACT NAME: DESIGN ALLIANCE ARCH PHONE= '
TRANSACTION: VARIANCE SIGN-OFF (ENGR & UTIL) yDOCUMENT ID: 1) 2) 3)
4) 5) 6) V'
COMMENTS: FOR PARCEL #45153.4113
FEE & PAYMENT SUMMARY
ITEM DESCRIPTION QUANTITY FEE AMOUNT
VARIANCE 1 50.00
LAND USE ACTION REVW 1 20.00
TOTAL DUE = 70.00
TOTAL PAID= 70.00
BALANCE CyWING= .00
PAYMENT DATE RECEIPT# CHECK# PAYMENT AMOUNT
02/08/95 00000905 3154 70.00
PROCESSED BY: KATHY CUMMINGS
PRINTED BY: KATHY CUMMINGS
THANK YOU
• , . '
~
OFFICE OF THE SPOKANE COUNTY ENGINEER
1026 W Broadway Ave, Spokane, WA 99260-0170 (509)456-3600 Fax 324-3478
-VARIANCE REQUIREMENTS-
TU: Spokane County Planning Department, Zoning Adjustor
FROM: Division of Engineering & Roads, Scott Engelhard SF,,
DATE: April 17, 1995 .
SUBJECT: VARIANCE #VE-005-95 / TUPPER, KEN
The Spokane 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. Prior to•release of a building permit or use of property as proposed:
E19 The word "applicant" shall include the owner(s) of the property,
his/her heirs, assigns and successors.
E43 Applicant shall submit for approval by the Spokane County Engineer
drainage and access plans.
E45 A parking plan and traff.ic circulation plan shall be submitted and
•approved by the Spokane County Engineer. The design, location and
arrangement of parking stalls shall be in accordance with standard
engineering practices. Paving or surfacing as approved by the County
Engineer will be required for any portion of the project which is to
be occupied or traveled by vehicles
E55 Roadway standards, typical roadway sections and drainage plan
requirements are found in Spokane Board of County Commissioners
resolution 80-1592 as amended-and are applicable to this proposal.
E66 'fhe applicant -should be advised that an approach permit must be
obtained from the Spokane County Engineer Department prior to the
- construction of any new driveway approaches. This must be done prior
to the release of a building permit.
SPECIAL CONDITION:
ThE applicant shall sign and record a"Spokane County Notice To Public
•No, 4" which will allow the construction of a private road within the
public right of way.
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eltOrECTY LEGA
5 OKANE COUNTY zoNE ......III. ...III .......A.
rstorEKTY AREA
OFFICE AREA
MAIN FLOOR. (le8s stair
SECOND FLOOR.
a5MT (not over 1,500 s.
TOTAL
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HAKE> EFFACE
OrEN AREA
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4 4.20 5.F.
4,224/350
ACTUAL
KEN TUfTER
OPPORTUNITY * EVAN 5 K4 160,
LOT 11 LOCATED IN 51.OKANE COUNTY, WA
5
11,636
1,652 5.F.
2,172 5.F.
400 54 F
4,2245P.
37,3%
43.9%
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