CUE-030-94
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RECEIVED
ZONING ADJUSTOR MAR 1`'1995
SPOKANE COUNTY, WASHINGTON
p," Eegiaeeriri
IN THE MATTER OF A CONDITIONAL ) FINDINGS OF FACT,
USE PERMIT FOR A PRIVATE KENNEL ) CONCLUSIONS,
FOR CATS ) AND DECISIUN
FILE: CUE-30-94
APPLICANT: Mildred A. or Lynn B. Forbes
COMPANION FILE(S): CE-902-94
APPLICATION DESCRIPTION: The applicant proposes to establish a kennel operation to
house no more than 10 adult cats. Authority to consider such a request exists pursuant to section
14.404.100 of the Zoning Code of Spokane County and Spokane County Board of County
Commissioners resolution No. 89 0708, as may be amended.
PROJECT LOCATION: Generally located in the Spokane Valley, north of and adjacent to
Valley Way approxi.anately 825 feet east of McDonald Road and on the nartheast camer of McCabe
Road and Valley Way Avenue, in the SE 1/4 of Section 15, Township 25N, Range 44EWM;
13321 E. Valley Way. Parcel No.: 45154.1006.
OPPONENTS OF RECORD:
Jeannine Fritz Grace Crraham W.T. Cleveland
Bonnie Schilter Allan E. Hanson
PUBLIC HEARING AND DECLSION: After consideration of all available information on
file, exhibits submitted and testimony rxeived during the course of the public hearing held on
Febniary 8, 1995, the Zoning Adjustar rendered a written dexision on March l(~3 • 1995 to
APPROVE tho application. THIS IS SPECIFICALLY A CAT KENNEL; but, household pet
dogs, up to the legal Zoning Code limit, arc not considered as part of the kennel.
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FINDINGS OF FACT AND CONCLUSIONS
1. Testimony was taken urLder oath.
2. The proposal is described above and detailed in documents oontained in the filc; more
PartimiMY:
a. Two household dog pets are not considered part of this kennel operarian.
b. There is ao outside kenneling af cats. The cast are maintained in a near sanitary
environment inside of the house. The cats are purebred, Persian cats. They are infrequently
bred aad the kitteas are nearly always pre-sold at time of birth.
c. There is no outward appearance tfiat there is a cattery contained within the house.
d. Solid animal waste is disposed of by flushing in the tQilet system and tte residual
kitty "litter" material is dispersed to tbe horse carral on the same property.
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CASE N0. CUE-30-94 SPOKANE COUNTY ZONING ADJUSTOR PAGE 2
e. All of the cats are kept in the house at all times.
f. The driveway allows for up to 6 off-street parking spaces.
g. There are no signs planned nor intended for use of the site.
h. The applicant has raised Persian cats at the site; although, in less number than
would trigger a private kennel application.
3. The adopted Spokane County Comprehensive Plan designates the area of the proposal
as Urban. The proposal is generally consistent with Urban category of the Comprehensive Plan
and complies with RCW 36.70.450.
4. The site is zoned Urban Residential-3.5 (UR-3.5), which allows the proposed use
upon approval of this application.
5. The existing land uses in the area of the proposal include residential. The proposal will
not be detrimental to the surrounding or adj acent properties.
6. The proposal is exempt from the provisions of the Washington State Environmental
Policy Act, Chapter 43.21 C RCW, pursuant to WAC 197-11-800 (1) (1) (iii) and the Spokane
Environmental Ordinance 11.10.070 (1) (c).
7. Adverse testimony or written comments were received regard.ing the proposal. Several
persons expressed concern that there would be an increase in number of outdoor cats and the sort
of problems that stem from that issue; including, increased number of cats, odor, allergies,
predatory action against birds, etc. Other concems expressed seemed to have to do with increased
business and automobile activity in the area. (NOTE: Valley Way is a collector arterial and will be
slated for increasingly larger amounts of traffic in the future, regardless of the location of a cattery
at this dwelling unit.) There was concern expressed for how the applicant will control the number
of cats and how the County Planning Department will enforce the limit the number of cats 10.
8. The proposal is listed in the Zoning Code of Spokane County as a conditional use
allowed in the UR-3.5 zone, and the proposal does meet the established and applicable criteria
described for that conditional use.
9. Spokane County Engineer's Office advises that the Spokane County Arterial Road Plan
identifies Valley Way as a future 70 foot wide collector arterial. The existing right-of-way width is
only 40 feet; not consistent with the criteria set forth in the plan. The County Engineer's Office is
not recommending any dedication of right-of-way at the present time; however, the applicant is
advised that a more significant land use action (than a cattery) would require 10 feet of right-of-
way dedication and 5 feet of future acquisition area to be held in reserve for the future widening of
Valley Way.
10. The proposal does not impose excessive demands on public utilities.
11. The applicant has been made aware of the recommendations of various County agencies
neviewing this project and has indicated those recommendations are acceptable.
12. The Zoning Adjustor may require such conditions of approval as necessary and
appropriate to make the project most compatible with the public interest and general welfare.
FID/CUE-3494 Forbcs
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CASE NQ. CUE-30-94 SPOKANE COUNTY ZOIVING ADTUSTOR PAGE 3
13. Various performance standards and criteria are addirionally needed to make the use
compatible with other permitted activities in the same vicinity and zone and to ensure against
unposing excessive dernands upon public utilities, and these shall be addressed as conditions of
approval.
14. The proper legal requirements for advertising of the hearing before the Zoning Adjustor
of Spokane County have been met.
DECISION
From the foregoing Findings of Fact 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, and shall not 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. PLANNING DEPARTMENT
1. The proposal shall comply with all applicable standards of section 14.616.240.5 of the
Zoning Code of Spokane County unless deviadons, variances or exceptions have been lawfully
granted.
2. This permit expires on April 1, 1997, unless renewed under the following tenns:
a. Approximately 30-45 days prior to expirarion of this permit, the applicant may
apply for an extension of the pemut or establishment as a perpetual permit (for the
applicant only).
b. Such fees as are required shall be collected by the Department at renewal.
c. A search of the records of complaints will be undertaken to see if complaints and/or
violation of the standards or cond.itions exist.
3. Both Mildred A. and/or Lynn B. Forbes have a right, as a result for this pernut to
operate a private cattery for less than 11 Adult cats.
FID/CiJL-30-94 Forbea
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CASE NO. CUE-30-94 SPOKANE COUNTY ZONIlVG AD7USTOR PAGE 4
4. If the Zoning Adjustor believes there are extenuadng circumstances associated with the
renewal of the permit, he/she may cause there to be a public hearing and reconsideration of the
permit; the notification expense shall be that of the county if such reconsideration takes place.
5. The Planning Department shall prepare and record with the Spokane County Auditor a
Title Notice noting that the property in quesdon 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 Norice 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 Planning Department. The Tide Norice shall generally provide as follows:
The parcel of property legally described as is the
subject of a land use action by a Spokane County Hearing Body or Administrative
Official on , imposing a variety of special development conditions.
File No. is available for inspection and copying in the Spokane
County Planning Department.
III. DEPARTMENT OF BUILDINGS
None is needed.
IV. DIVISION OF UTILITIES
None is needed.
V. SPOKANE COUNTY HEALTH DISTRICT
1. The Spokane County Health District's Rules and Regulations for Solid Waste
Management and Handling address the disposal of wastes from animals in the following ways:
Section 1.46.200 (2) (h-i) On-Site Storaee. Collecrion and Transvortation Standards for
Solid Waste.
h. Disposal of wastes from household pets may be by burial, to the sanitary sewer system
if acceptable to the sewer operating entity, into a tied bag for collection as garbage, or
by other methods as approved by the District
i. On-site storage and disposal of solid wastes from animal kennels, shelters, or stables
shall confoim to the standards of this Section, and Sections 1.46.300 and .420, as
applicable.
j. Animal wastes shall not be collected, deposited, or allowed to remain in any place to the
prej udice of other persons as described in RCW 7.48.140. (1).
In regards to the wash-down waste water from cleaning the pen areas, there are no Spokane
County Health District perrmits required for its disposal. Consult with the Department of Ecology
for this generated waste water disposal. The kennel should be operated and maintained in a
manner so as to not create a nuisance.
HD/ctIE-30-44 Forbes
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CASE NO. CUE-30-94 SPOKANE COUNTY ZONING ADJUSTOR PAGE 5
VI. DIVISION OF ENGINEERING AND ROADS
1. The applicant is advised, for future reference, that a land use action of any significance
with respect to traffic impact would require 10 feet of additional right-of-way dedication and 5 feet
of future acquisition right-of-way area to be held in reserve for futUre widening of Valley Way.
NOTICE: PENDING COMPLETION OF ALL CONDITIONS OF APPROVAL WHICH NEED
TO BE COMPLETED PRIOR TO PERMIT IS SUANCE, PERNIITS MAY BE RELEASED
PRIOR TO THE LAPSE OF THE TEN (10)-DAY APPEAL PERIOD. HOWEVER, THE
COUNTY HAS NO LIABII.TTY FOR EXPENSES AND INCONVENIENC'E INCURRED BY
THE APPLICANT IF 1'BE PROJECT APPROVAL IS O ''URNED OR ALTERED UPON
APPEAL.
DATED this day of March, 1995.
THO S MOSHER, AICP
nin Adjustor
Spok e Co ty, Washington
FILED:
1) Applicant (Ceitified/Return 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 S mall A►nimal Control
8) Planning Department Cross-reference File and/or Electronic File
NOTE: ONLY THE APPLICANT OR AN OPFONENT 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 FII,ING FEE. APPEALS MAY BE FILED AT THE SPOKANE COUNTY PLANNING
DEPARTMENT, PUBLIC WORKS BUII.DING, 1026 WEST BROADWAY AVENUE, SPOKANE, WA 99260
(Section 14.412.042 of the Zoning Code for Spokane County). DEADLINE FOR APPEAL IS 5:00 PM
ON .
HD/ccE-30-94 ~rbes
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: ENGINEER' S REVIEW SHEET
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~ BLDG. PERMIT # -or -FILE# CIJFj-030-
Related File # ( )
Date to Review 2-8-95 Time 9:30 #i 2
Date to AA & DR Time
Date geceived L -11-95
Project Name PRIVATE CAT KENNEL (CODE 10 ADULT/C) No. Lots No.Acres 40,8SF
Section - Township - Range
SITE ADDRESS N VALLEYWAY E 13321/E MCCABE PARCEL # 15544-1006
;
Applicant's Name LYNN B FORBES Phone # 928-6950
Address 13321. E VALLEYWAY-SPOKANE WA 99216 Work # 928-4509
Date Conditions mailed J-1 -1015 y
Contact person - Phone #
FLOOD ZONE V NO W S SCHOOL
Engineer / Surveyor's / Architect's Name
Planning Contact Person Phone # 456-2205
Date Subnutted Description Initials
AGREEMENT TO PAY FEES OR PRIORITY FEE COMPLETED & COPY TO ACCOUNTING
;
FINAL PLAT FEES COMPLETED & COPY TO ACCOUNTING
NOTICE TO PUBLIC # 1 3 4 6 COMPLETED - OR NEEDS TO BE SIGNED
DESIGN DEVIATION SUBMITTED
ALTERATION TO PLAT - BLOCKS & LOTS
. / / BOND RELEASED -ROAD & DRAINAGE IMPROVEMTNTS
! I I HEARING EXAM _APPROVED _DENIED =APPEALED BBC / PROJECT _APPROVED _DENIED
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OFFICE OF THE SPOKANE COUNTY ENGINEER
1026 W Broadway Ave, Spokane, WA 99260-0170 (509)456-3600 Fax 324-3478
-CONDITIONAL USE REpUIREMENTS-
TO: Spokane County Planning Department, Zoning Adjustor
FROM: Division of Engineering & Roads, Scott Engelhard SS--
DATE: January 31, 1995
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SUBJECT: CONDITIONAL USE #CUE-30-94 / FORBES, LYNN B.
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
SPECIAL INFORMATION:
. The applicant is advised that the adopted County Arterial Road Plan identifies Valley Way as a 70
~ foot Collector Arterial. The existing right of way width of 40 feet is not consistent with that
. specified in the Plan. The County Engineer is not recommending any dedication in conjunction with
the Arterial Road Plan. However, the applicant is being advised for future reference that a land use
action would require 10 feet of right-of-way dedication and 5 feet of future acquistion area to be
held in reserve for the future widening of Valley Way.
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S 1~ C~ K A N E PLANNIhEG DEPARTMENT WALLIS D. HUQI3ARD, nIRFC'f'4t2
N(D ll llQ.1G Q~ SUDGKAM1Cs Q.OlU1V IIy lLe6NllNQU ADOUS ll(DR JP)lU1.ID11eliQ.
IHIlreARl.lMG ti11V D LC OR ll 117.1CC1Vl111HG DEC1iHOl\
DATE: February 8, 1995
TIME: 9:30 a.m. or as soon thereafter as possible
PLACE: Spokane County Planning Department
Commissioners Assembly Room, Public Works Building
1026 W. Broadway
Spokane, WA 99260
AGENDA ITEM 2 FILE: CUE-30-94
CONDITIONAL USE PERMIT FOR A PRIVATE KENNEL
LOCATION: Generally located in the Spokane Valley, north of and adjacent to Valley Way
approximately 825 feet east of McDonald Road and on the notheast corner of McCabe Road and
Valley Way Avenue, in the SE 1/4 of Section 15, Township 25N, Range 44EWM; 13321 E.
Valley Way. Parcel No.: 45154.1006
PROPOSAL: Applicant proposes to maintain an exisring private cattery as per section
14.616.240.5. of the Zoning Code of Spokane County which allows such a use upon granting of a
conditional use pernut. NOTE: A private kennel is limited to no more than 10 adult cats or dogs.
EXISTING ZONING: Urban Residential-3.5 (UR-3.5)
SITE SIZE: Approximately 40,800 square feet
APPLICANT: Lynn B. Forbes
13321 E. Valley Way
Spokane, WA 99216
Physicaliy Disabled Access: All meetings and hearings will be conducted in facilities which
are accessible to disabled iodividuals. For mare information, please contact the Spokane
County Planning Department at (509) 456-2205.
NOTF: THE ZOMNG AL)JUSTOR WILL ISSUE A WRITTEN DECISION TQ APPROVE OR DENY THE ABOVE PROPOSAL.
ONLY THE APPLdCANT OR AN OPl'ONENT OF RECORD MAY APPEAL THE 7AN1NG ADJUSTOR'S llECISlON AND M UST
DO SO WITHiN TEN (10) CAIENDAR DAYS OF THE DATE OF THE DECISIONS SIGMNG. APPEAL MUST BE
ACCOMPAMED BY A$215.00 FEE FII.ED AT THE PLANNING DEpARTMENT, PUBLIC WORKS BUILDTNG,1026 W.
BROADWAY, SPOKANE, WA 99260 (Section 14.412.042 of the Zoning Code of Spokane County). THE ABOVE
REFERENCED FTLE MAY BE EXAMINEL) AT THE PLANMNG DEPARTM.ENT.
1026WcsT IiRoA[)N~'n),Avi;Nur; • SroxANi~, \VnsiiiiNGroN'992G0-0240 • (509) 456.2205 • F;1X. (~(l9) 45C-2?43 • TDD. (5(19) ?24-31C,6
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SPOKANE COUNTY PL'ANNING DEPARTMENT
APPLICATIONS BEFORE THE ZONING A,DT lSTOR
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Name of Applicant: Z,~/I1 f-'Gj~ ~e 5 Agent: Y N
S treet Address: /,V/q
/ ✓ / Z~p Phone - Home:
City: ? ./State: Code: Work:
Agent,s No.:
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Name of Property Owner(s): IvIvIv
Street Address: i/
r % r. ' Zip Phone - Home:
Ci ty: S tate: zr; Code: :.~c,) Work:
f ~ - . .
REQLTESTED AC"TION(S) (Circle appropriate action):
Variance(s) ~onditional Use Permit 1Expansion of a
Ocher: • - Nonconforniing Use
F()R STAFF USE ONLY
j ~ ~L/ Violation/
Section l~ Township ~ Range / Enforcement: Y N
•Lot and legal checked by: .T , •CWWP sewer PurveYor:
•CWSP water PurveYor: •CUP standards met: (9 N~ NA
•Existing zone: -Up- 7`~.Cite applicable section: 141171~1_j. 0 1
n: ~..&U1~,0'~%
•Comp. Plan designationd~/).bah, "•Arterial Road Plan designatI'loa,
•Fire District: •Person doing preapp conf.: ~ •Other/previous Planning Department actions involving this property:
•Certificate of Exemption No.: 0 t=- LfApplication No.: MEf`
•Hearing Date: ~ ,2`-~L•Site plan dimensioning checked by: ~ J
A[30UT THE PROPERTY ( y applicagt) r
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•Existing u s e of property: , /'i G'~LT~ ~O7yu y7~i~ A~-e~.~
•D scriM proposed use of the property, noting change from 'exis~ting use': ~n '~rYria _
l _/.71~~ vvJ - l!/
•If a variance appli.6ation, state the Code standard and describe the variance sought in comparable
terms (i.e., 50 feet from centerline verses required 65 feet):
/
•If a conditional use permit applicacion, does proposal meet all standards?.~Y,) N
If not, has one or more variances been requested? Y N
•What is the size of the subject property. i v ly * yd V
•Street address of property (if known): ,~'iY/~~~~ti•.14 y
•Legal descripdon of property (i clude .easement, if applicabl~):
EL/ 3 % r' c T A;Z o 116
G
•Parcel No(s).: ~•Source of legal: /~.5: -,i;~~; *15'~X5
•Total amount of adjoiiling land controll& by this owner, sponsor and or agent: .U`G~ sJ
•What interest do You (aPPlicant) hold in the ProPertY?~
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STATE OF WASHINGTON ) S S
COUNTY OF SPOKANE )
I SWEA.R, UNDER PENALTY OF PERJURY, THAT: (1) I AM THfi OWNER OF RECORD OR
AUTHORIZED AGENT FOR THE PROPOSED SITE; (2) IF NOT THE OWNER, WRITTEN PERNiISSION
FROM OWNER AUTHORIZING MY ACTIONS ON HIS/HER BEHALF IS ATTACHED; AND (3) ALL OF
TEiE ABOVE RESPONSES AND THOSE ON Si1PPOR_T4NG-D0CU1~ENTS ARE MADE TRUTHFULLY ANI7
TO '1'HE BEST OF MY KNOWLEDGE.
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o4:n~~ a a- 't~ Public in ana~ r t e state Washington, _g t _
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a. , = J/~~~~~ ~ . My appo tment expires: )12,
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CONDITIONAL USE PERMIT BURDEN OF PROOF FORM
Name: G i/A ~f ti-
File: ~
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V. CnNDITIONAL USES State Law, Section 36.70.020 (7), clarifies that the County
regulations must specify the standards and criteria that shall be
applied in the review by the Zoning Adjustor. Additionally,
condition of approval may be added to assure compatibility with
other uses in the same zone.
A . Assuming the proposal is listed as a"pemiitted" conditional use, do you believe the
proposal meets all of the required, established and applicable standards?
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B. If you cannot meet the cond.itional uses required standards, are you seeking relief by
applying for an administrative excepaon or a Variance? Yes No (Circle One)
C. What have you done or could you do to:
1. Make the use compatible with other permitteri activities in the same viciniry or
zo e?
. '7i~~',~'?~ ° .~~f'~,1.~~.uif~'/~~ 7/.t'~~'T,.~~Sf .f~/../I~.•~ ~~",Gr~sll~` .
2. Ensure ag ' st imposing excessive demands upon public utilities?
,gm 111W
D. Expla.in how or why the proposal will not be detrimental to:
1. The Comprehensive Plan: zz"I.eil
; and
2. S urrQunciin r rt . 4C ~'._~..-..1: • C~
<< g P Pe Y~ C.
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E. What reasonable restrictions, conditions or safeguards will uphold the spirit and intent
(healch, safety and general welfare) of che Zoning Code AND mitigate any adverse
effect upon the neighboring properties including but not lunited to: 1) time limits; 2)
front, side or rear yard greater than minimum stated; 3) suitable landscaping; 4) signing;
5) off-street parking; and 6) others?
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De -3 r Co un ;.y Zon J n` G`{f' i c i.a 1 i
ne Are 3pply1?'?g for a ConCitiora1 Us9 Permit under `:napter 14.616 par ~
of the Zor. y ag Code of Spokane County.
To cc:anI J= wit'n the Count,y 3-na11 Aniya1 Contrc 1 RgE-' t'na t no L:ore thgn
4 Licensed lio,-'s and 4 Licer_sAd Cats be allo~.ed. (Rj Ne are reque--t:n& a Permi.t
that would allova us to have -10 Persian Cats in I',o.-O. 'f+s rsise and show persian
cgts as hobtyist- not a co~:-~ercia 1ar_deavor. +-je dc r.ot se lI breeders within
Spokane Covnty. Therefore not contributir.c- to an overpop,-:19tion of cats. MoGt
cets are givar_ ai•ra;- or sold for 3 mir.imal fee with ~Snav anc neutAr agreemer.t,
Lt'n a45~0.`,0 Denslt;y. -+e have never to enrcrce ths ~aralt~•'ost o~'
our Fll:cw cats are shino~d out of State 3!"id otat of ths Ccur.try. {S:~ia9den,
Cc~r.,c~a a~ld Ja~~.r.} .
Additional infcrmation as to whp-t u•e do to 3void nny ~~virornental impact.
,-~e flush the sclid 4:aste and the used clay is put in th- riorse Arena io be
m1}: ? Q tC 1''i. }'1 t"'18 9 8 I'l Ci r:'1 Ci Sh2 V 1: 2gc.
To comDlv with Zor,ing Code of Spokar_e Courlty Chanter 14.51E -oar
a. lot are:. is 101ft n LJLft.mans included
b. Corolide -v•:it'n
c. In hcme - ra -idditional ii1cE_- cr Structurp..
c . In :roce - F:tIVATE
01. tiLL cat-s qra kepL in 'r:c:i--- at 311 tin:=s.
Lrivo;.ay allor.s E(six) off street oar'cir.~ s-,3car.
To bc co^.Dlied Yiith.
i. iNC sigr.s ar adv, this is not o--en ta +.11.9 nubli-r-, it i-, Pr:I'IAIT'Ej.
~ . at a future 0'af;e
i. as ?bove
ii. !:is abcve
:c. This cover ].etter anci inforr-atzon on aDplic: uion s'noule suppl~+
nesded information.
n :~e i of' 2
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For the Health and Welfare of our cats, we do not stand our studs at
public stud. No other cats are allowed in our home.
We have never recieved a Citation from the Spokane County Animal Control.
We are applying for a Permit to avoid any conf'lict with that C_ounty Dept.
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Lynn B. Forbes
13321 E. Va lleytr;ay
Spokane, da. -~)9216-OQ-zO
92R-45o9
&closures :
Assessor's Section Maps (2)
Lot drawing (8)
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