Loading...
VE-78-88 ~6- Z~ ilY ~ ti R• ZONING ADJUSTOR jAW 12 1939 r SPOKANE COUNTY, WASHINGTON " ~+k'r n F • • • ~ fi f' ; t, . k_ °e 4 • ! IN THE MATTER OF VARIANCES FROM ) SIGNAGE STANDARDS [ V E- 7 8- 8 S]; ) FINDINGS, CONCLUSIONS BOBBIE SWANSON ) AND DECISION COMPANION FILES: ZE-12-72, VE-39-73 ) V E-82-73, V E-11-77 ) SUMMARY OF APPLICATION: The applicant originally requested a front yard setback variance, a height variance, a variance to allow increased lighting intensity and a variance to allow a greater square footage for a freestanding sign than allowed by the Ordinance in all instances. During the hearing the applicant presented a prefsrred alfernative design which retained the same eight and one-half (02) feet setback from the front property line, brought the height to within eighteen (18) feet (allowed outright in the zone), reiterated a maximum eight hundred (800) milliamperes behind plex face and reduced the requested size from one hundred twenty-four (124) square feet to ninety (90) square feet. The pertinent sections of the Code are Section 4.09.125 b. and VE-82-73; 4.09.125 c.: and Section 4.09.125 e. and VE- 39-73 and VE-11-77. Authority to consider and grant such a request exists pursuant to Section 4.03.020 (variance) and 4.25.030 b. of the Spokane County Zoning Ordinance. PROJECT LOCATION: The property is generally located in the Spokane valley on the northwest corner of Sprague Avenue and Moffitt Road in the SW Ya of Section 16, Township 25N, Range 44EWM. The Assessor's parcel number is 16543-0589 and the property is addressed as E. 11105 Sprague Avenue. DECISION SUMMARY OF THE ZONING ADJUSTOR: Based upon the evidence presented and circumstances associated with the project proposal, the Zoning Adjustor APPROVES the sign variances. OPPONENTS OF RECORD: None PUBLIC NEARING: After examining all available information on file with the application and visiting the subject property and surrounding area, the Zoning Adjustor conducted a public hearing on December 12, 1988, and rendered a written decision on January il , 1989. FINDINGS OF FACT 1. The project location is as set forth above under PROJECT LOCATION. 2. The original property was zoned local business, along with several properties to the west, in 1972 (ZE-12-72). Apartment buildings were under construction immediately to the north of the site. At the time of the zone reclassification, the Planning Commission in 1972 indicated that the site was probably best suited for office use. However, because the proposal included some business uses and a restaurant use, the Commission decided that Local Business Zoning would provide the best buffer for the apartment and single-family uses, while still allowing a restaurant and some other local business uses. The County Commissioners in an appeal hearing approved the zone reclassification. Since that period of time all the other properties of the original zone change except this one have been rezoned to either Commercial or B-3 zoning and all of Sprague Avenue within approximately one- quarter (Y4 ) mile of this site, on both the north and the south side, is otherwise Commercial Zoning. This site was never rezoned because the basic use of a restaurant, as an allowed use in a Local Business Zone, has never changed. The signage within approximately one-quarter (Y4 ) mile in either direction is signage associated with the Commercial Zone, specifically having little or no setback from the front property line, no height limitation and no area i f CASE NO. VE-78-88 SPOKANE COUNTY ZONING ADJUSTOR PAGE 2 limitations. There is no need to rezone the property in order to accommodate the new restaurant use which is proposed to replace the old restaurant use. Compared to some of the other commerclal properties in the area, this restaurant use is much more dependant on quick, visual name association for prospective customers to find the restaurant location. The applicant is proposing to locate the sign six (6) inches closer (approximately 8' 6" from the front property line) than a previous variance allowed (VE-82-73). The applicant's revised sign proposal reduced the height from twenty-two (22) feet (needing a variance of two feet) to eighteen (18) feet, which requires no height variance. The applicant still wishes to maintain the flexibility to reach the eight hundred (800) milliamperes standard, as opposed to the four hundred (400) milliamperes standard stated in the zoning ordinance. Finally, the applicant wishes to increase the area of each side of the sign's surface; originally having proposed one hundred twenty•four (124) square feet, and during the hearing reducing that to approximately ninety square feet, including about a sixteen (16) square feet (per side) of support cover to hide the eight (8) inch metal pole. Previously, sign variances have been granted to a total of sixty-six (66) square feet per side of the double facing sign (VE-39-73 and VE•11-77). 3. The adopted Spokane County Future Land Use Plan designates the area of the proposal as Major Commercial. 4. The existing land uses in the area of the proposal include nearly all commercial uses east and west of the site for approximately one-quarter (Y4 ) mile. 5. Modern Electric and Water Company notified' the Zoning Adjustor (12/16/88) that the proposed sign is outside of the distance that they consider to be a potential hazard area for an accessory structure located in proximity to their power lines. 6. Sprague Avenue is identified as a Principal Arterial without controlled access in the Spokane County Arterial Road Plan. As such the future right-of-way will range from one hundred (100) feet to one hundred thirty (130) feet. The existing right•of-way is one hundred ten (110) feet, therefore it is possible that an expansion of an additional ten (10) feet to the north may occur at sometime in the future. 7. The proposal is exempt from the provisions of Chapter 43.21 C RCW pursuant to WAC 197-11-800 (6) (b). 8. The applicant has been made aware of the recommendations of various County/State agencies reviewing this project and has indicated she can comply with those recommendations. 9. No one appeared to oppose the proposal nor were any written comments adverse to the proposal received. 10. The proper legal requirements for advertising of the hearing before the Zoning Adjustor of Spokane County have been met. 1 1. Any conclusion hereinafter stated which may be deemed a finding herein is hereby adopted as such. From the Findings, the Zoning Adjustor comes to these: CONCLUSIONS 1. The property is zoned Local Business and the use contained on the property has been clearly a permitted use since 1972, when the property was rezoned. The adjoining Local Business Zoned property has been changed to either Commercial or B-3 Zoning, thus making this stretch of Sprague Avenue totally heavy commercial zoning on both sides of the street. Signage for the vicinity and similar zoning is thus not restricted. In this respect the property is disadvantaged when compared to properties in the vicinity and similar zones. 2. With the conditions of approval set forth below, the variance will: a) not constitute a grant of special privileges inconsistent with limitations on other properties in the vicinity and similar zone; b) ensure that the intent and purpose of the Zoning Ordinance is achieved with regard to location, site design, appearance, and landscaping, etc; and c) .1 t CASE NO. VE•78-88 SPOKANE COUNTY ZONING ADJUSTOR PAGE 3 protect the environment, public interest and general welfare. The traveling public, while looking for this restaurant location among the other commercial uses in the area will be better served by having a distinctive sign design, located moderately close to the right-of- way. The sign has already been approved to a location of nine (9) feet from the property line and the applicant's sign would be approximately the same if not slightly closer (8'6"). The size of the sign is moderately larger (36%) than the sign area already allowed by previous variances (VE-39-73 and VE-11-77) 3. There are special circumstances applicable to the property which when combined with the standards of the Zoning Ordinance, create practical difficulties for the use of the property andlor deprive the property of rights and privileges common to other properties in the vicinity and similar zone classifications. The fact that the existing sign for the restaurant is an older style, which does not allow a very' distinct identification from other similar commercial signs in the viciniry, creates special circumstances which must be overcome as long as other properties are not deprived of rights. Due to the extensive amount of commercial zoning in the area, the property is competing with the commercial signs in the area for a use which has been allowed in the Local Business Zone and has remained a restaurant use for the last fifteen (15) years. 4. Granting the variance will be neither materially detrimental to the public welfare nor injurious to property or improvements in the vicinity and zone. 5. Strict application of the zoning standards does create an unreasonable burden in light of the purpose to be served by the standards. It is reasonable to expect that a restaurant should have a distinctive sign; one which is similarly located to other (oommercial ioning) signs located on this stretch of Sprague Avenue. 6. A broader, public need or interest will be served by granting verses denying the variance. Although this variance can be described as furthering the particular business interests of the applicant, it can also be argued that this sign will allow the traveling public to more easily find this location, thus minimizing the chances for traffic congestion resulting from cars slowly cruising this area of Sprague Avenue while looking for this restaurant location. 7. 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. 8. The proposal will neither be detrimental to the Comprehensive Plan nor the surrounding properties. 9. 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. 10. The sign will not jeopardize the nearby powerline location to the south. 11. The applicant is served notice that the County may acquire up to ten (10) feet of additional right-of-way, including a portion of this sign. 12. Any finding hereinbefore stated which may be deemed a conclusion herein is adopted as such. DECISION From the foregoing Findings and Conclusions, the Zoning Adjustor APPROVES the proposal. The sign is approved to within eight feet six inches (8'6") of the front property line, for ninety (90) square feet per side, including the pole cover on the lower portion of the sign, and for the eight hundred (800) milliamperes illumination level. The following Conditions of Approval are stipulated. . . ..s CASE NO. VE-78-88 SPOKANE 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 oomply with any of the conditions of approval contained in this decision, except as may be relieved by the Zoning Adjustor, shall oonstitute a vjolation of the Zoning Ordinance and be subject to such enforcement actions as are appropriate. 3. The Zoning Adjustor may administratively make minor adjustments to site plans or the conditions of approval as may be judged to be within the context of the original decision. 4. The Building and Safety Department shall assist in coordination of this decision by routing building permit application(s) to the various departments and agencies which participate in or take actions to ensure that various required written documents have been executed and filed. II. PLANNING DEPARTMENT 1. The project is approved for location approximately as shown on the site plan and for the design shown. The sign is approved for a height not to exceed the twenty (20) foot standard of the Zoning Orciinance so long as it , shall not present any conflict, as determined by Modern Power and Electric and Water Company or any successor utility company (with regard to the power Ilnes immediately to the south), is approved to eight hundred [800] milliamperes of illumination as may be determined by a legitimate sign company business and is further approved for an area not to exceed ninety (90) square feet per face of a double sided sign, including the calculation allowing for a pole cover on the lower portion of the sign. 2. The Planning Department shall approve only a sign which is substantially the same as the approved plans contained in the Planning Department file. III. DEPARTMENT OF BUILDING & SAFETY 1. The 8uflding and Safety Department shall assist in coordination of this decision by routing building permit application(s) to the various departments and agencies which participate in or take actions to ensure that various required written documents have been executed and filed. The applicant is required to submit plans and drawings to the Department of Building and Safety in the process of applying for a building permit for the sign. The applicant shall comply with all Code requirement as administered by the Department. IV. UTILITIES DEPARTMENT 1. None is applicable. V. HEALTH DISTRICT 1 . None is applicable VI. SPOKANE COUNTY ENGINEER'S OFFICE 1. The proposed sign shall be constructed entirely outside of the Sprague Avenue right-of-way and shall not extend into the present County Road right-of-way. . • CASE NO. VE-78-88 SPOKANE COUNTY ZONING ADJUSTOR PAGE 5 NOTICE: PENDING COMPLETION OF ALL CONDITIONS OF APPROVAL WHICH NEED TO BE COMPLETED PRIOR TO PERMIT ISSUANCE, PERMITS CAN BE RELEASED PRIOR TO THE LAPSE OF THE TEN (10) DAY APPEAL PERIOD. HOWEVER, THE COUNTY HAS NO UABIUTY FOR EXPENSES AND INCONVENIENCE INCURRED BY TNE APPIJCANT IF THE PRQJECT APPROVAL IS OVERTURNED OR ALTERED UPON APPEAL DATED this ~ day of January, 1989. ~ ~ Thomas . sher, AICP Zoni Adjustor Spokane County, Washington FILED: 1 ) Applicant 2) Parties of Record 3) Spokane County Engineer's Office 4) Spokane County Health District 5) Spokane County Utilities Department 6) Spokane County Department of Building & Safety , 7) Planning Department Cross-reference File and/or Electronic File NOTE: APPEALS MUST BE FILED WITHIN TEN (10) CALENDAR DAYS OF THE ABOVE DATE OF SIGNING. APPEAL MUST BE ACCOMPANIED 6Y A$100.00 FEE. APPEALS MAY BE FILED AT THE SPOKANE CQUNTY PLANNING DEPARTMENT, BROADWAY CENTRE BUILDING, NORTH 721 JEFFERSON STREET, SPOKANE, WA 99260. (Sections 4.25.090 and 4.25.100 of the Spokane County Zoning Ordinance) rp ~ OFFICE OF THE COUNTY ENGINEER SF'ir7k: ANE COUNTY, WASIT Y NGTQN . Det:.eri(b2^ 2, :19BE3 ?"Cl ~ i~' L:i f (~i~:. Gt:1f 1iV "E-•~~ ~ (_1!V i'~ C~ ~`~?_),3 t~~ ~'1" t~ ~`i F f i L:i I''i o ~ 1='t: t}::: 1y LCCD UIV'1° Y i:-=N GI'i J EEF: C'DUBJ ~ VE I-1-11E• COUr i ti.. y Er ig:i. nef, r•• i n g vepar t rn e; , t hzts r- ev i. evier.1 t. 11--le abov> refer e: v-ic-E- r_J ' <•7 i F~ 1. :l C et'4. 1 l") (1 , ~"1 fC~ :i C1 W!. {'l C~ G Ca iT7 f~'i C:? tl '1..'~ t:i i" i~ t=T i L~~ f Q I' C: U ti X. t:i I" i :i 1-1 t i°t E F~ 1 1't G]. 1"1 Ca 7 c.~ ~ i Cj C~ C~ 1` ct C=~ f"t Cj i t~. C~ f"~ =2 CJ f ~-1 HJ F~ i` Ci'~' r+t sr~ o!. t.~. U' L i 1 r' I-ii~- LJ!it=? St i:i 1:~ pi'' C V Cd'. J . Thatti-fe pr op a sed a i. gn, sh a 1. T ~ e co n s t r,ucted OUtSi r! e ca f Gan u s ri a 7 1 i-iGt.. e:.1•_e-nd antio the LcMAnt-y R;:~ad I:i.ghi: at WG;•y. • . . . ~ y OFFIGE OF THE COUNTY ENGINEER SPOF-::ANE COUNTY, WASH I NGTON L7ee:eft'tbe^ ~y^ 19eE3 F' F1 D!"~ ~ SPi .iK -r`i {'s E. L) i..1 N T 4` i: =N' IG 111'y E=: E R ~ = p n t) ^ t ~.7~:~~~,/ V~~ . CJ I.IL~ k i3y-Jz(t~ 7jJ~1 . . . E~: o~.i i~~~ c;~~ r~i FW~ i- a. ri ~ L c~ ~.,.~t r t r~ E r- Y.. ~a r• eti~. F~ ri e rf fi. t°y c~ a k) u~v r• c.a fe r1- c~ e d i:i c~:+''r.. iC?~-~ , h~ 1c, w a. r~ c~ c- i 77 i i, a n~~.. ~ c~~ t~ t f E:^ e f' t~ r:i. r ~c 1 u a a. c., r i :i i i • t i-le F- i ndi. ngsa; E d 01-c3 ca ra< "Cca n c.~ i ticins c:; f ANpr• a v a:i "shr.; t..I:l d tile r c} cju ~~~a st r=~ aPprove=_i e J. -rinzafi. pr c? p o:r.-)ed si U ri s h a]. 1 be co n s t rUc: ted outs-7,a r..l e ofand s,ha1 1 ric,t n.-.f_c_rld _nto 1-11-~~l L""t::tunty ftoac:i l:i.ght of Wc.ay°. OFFICE OF THE COUNTY ENGTNEER SF'OKAtUE COIJNTY, WASH I NGTON . Dc.-cembel~ 1988 Ttl n :~F'-'C:if::r=a6'•ic~ COUiV T' s` I C•!G A.~)JUSTC:1R FIRL7h'! ~ i.~t f::. hil~! L•~~ i:.: C} Li fU `l` T't~=l~EC~ S L,'I-3J y 'v't.: ;'~~•--f:;~3 tS wzt ri 1' ;-IE, t~' UUf-t 'C. 'y' Engx nc= F.z-= ra n r.~ I~ ~par° t me nf has f'eri 7. E:.1rJ eC.} fi. he a b c, v_, refer--c::-r•~ c6.:!ci ai p :I. G ci'i_ 1 i7 , Fl f C~J l. .I. Cl W.. i~I C.'~ t~ i Tl fi i"t i~ c~ fa f" f~:~ tj C~ t C:31' :I.1' i C=~.Lt ti 7. ~ i C'3 :'t i i ' t. E-~ e Fi nr; inq s a r-lci Order a< <a t:: c:; n d i't 3, t7 f i a c.-)f Appr• a val"s.;h~.)t_tlci ti-i e rE-ra Uest be app s=ov c r_: . J.e 1~hat tt-je prGposed sigo-i shal.1 bp canstrUr.:ted Outsirfe. Of ancf s i,;-k7 1 i-iGt e:; ttiE~nd n t c.~ tF7 e C: C;unty- ~'z oac-i fz ight of W c-: y. - - i.. t.. i.. f♦ r ' • : ;t • p ` .f , . :.ti : rF~' I ~1~ . ` • 'a`. . . ~ ,~'l ~ ' ~ ~1..~3~~'~;~ - ~ _ ° , . T PLANNING DEPARTMENT , ~ BROAOWAY CENTRE BUILDING N. 721 JEFFERSON STREET PHONE 456-2205 . ' •~a , ,,,~•K_ SPOKANE, WASHINGTON 99260 ' • . . , • , : s - - . • . SPOKANC COUnTVCOURTHOUSE RT(D'II'II(CIE OIF S7011KA1NIE ~(DUN'II'Y 7LOMIqG AIIDJJUSTOIIB PNBILIIC HEAIIBIIIqG DATE: December 12, 1988 TIME: 11:15 a.m. or as soon thereafter as possible PLACE: Spokane County Planning Department 2nd Floor Hearing Room, Broadway Centre Building North 721 Jefferson Street Spokane, WA 99260 Case #4 File VE-78-88 VARIANCE REOUEST FOR SIGN SIZE: Generally located in the Spokane Valley on the northwest corner of Sprague Avenue and Moffitt Road in the SW v4 of Section 16, Township 25N, Range 44EWM. P R O P O S A L: The applicant requests alteration of an existing free-standing, detached restaurant sign with the following characteristics: (a) the street-facing edge of which is to be approximately eight feet six inches (8'-6") from the front property line, whereas the Spokane County Zoning Ordinance requires in Section 4.09.125 b. requires a setback of thirty-three (33) feet zero (0) inches and a previous variance was granted to allow a sign approximately nine feet zero inches (9'-0") from the front property line; (b) the height of which is twenty-two (22) feet overall, whereas thc Ordinance requires in Section 4.09.125 b. that no sign shall be over twenty (20) feet above the average elevation of the finished grade along the front of the building; (c) the illumination level will be approximately eight hundred (800) milliamperes florescent tubing behind plex face spaced on nine (9) inch or more centers; whereas the Ordinance requires in Section 4.09.125 c. that signs may be illuminated provided that they shall not exceed the equivalent of four hundred twenty-five (425) milliamperes fluorescent tubing behind plex face spaced on seven (7) inch or more centers; and (d) the square footage of which equals approximately one hundred tweaty-four square feet, whereas Spokane County Zoning Ordinance Section 4.09.125 e. requires that any permanent exterior sign for individual establishments shall, when exceeding forty (40) square feet in area, be placed flat against the building facing the street and previous variances have aeen granted to allow a primary sign and a reader board to a total of sixty- six (66) square feet. Y ~ EXISTING ZONING: Local Business SITE SIZE: Approximately twenty-seven thousand eight huadred sixty-four (27,864) square feet APPLICANT: Bobbie J. Swanson 12018 E. 1 st Avenue Unit A Spokane, WA 99206 EXGEPT THAT TI'EMS CARRIED OVER FROM PREVIOUS H[EARINGS MAY BE HEARD FIRST, POSSIBLY CAUSING DELAYS. LEGAL DESCRIPTIONS AND PROJECT DETAILS FOR THESE PROJECTS ARE AVAILABLE IN THE PLANNING DEPARTMENT FILES. APPEAIS OF THE DECISION ON TI-E ABOVE LISTED CASE MUST BE ACCOMPANIED BY A $100.00 FEE. (Sections 4.25.090 and 4.25.100 of the Spokane County Zoning Ordinance.) • ~ ~ VE,=788 ~ ; . E N . . . J 604i' ar, -a oMB S..~• ► , w C . kL ~ ~ - O t 3 oE r .teT e 4 ` L O ~ . ~Kb rt'h r ' 1 N. : ALK 1 W : J n q ` O < O O S ALL Y wAY Z N t O N v O ~ 2 0 J ~ < . . • • - ~ M4~ ~V ~ d W AA-LIJaE ~ i vE. r .►~N IM ~ PAAIM ~ Q . r~ 19 ~ r ci ~ i . a RivCRS~OL a ; x ~ Fire % DEL./993 - ' ~ ~V K A COuNrY ROAD Ne 2312f A ZJVD I Av[ 1 A M/LWAUK£E RA/LR0.4D J a ~ .rt P .c ~k°~° cAtv` - r ~ - - - _ • . - - 1 . ~ . ' ~ ' r ~.r0 ~ I R O ' ~ OVA T N AV R T H AV . ~ Z • t x p 5LT. H vE th > 7 T1. SEVCNTN ~ J s ~ EIG ►.T N -Av E . £L 2014 ,e.1/E 4- T H T►~ 21 Tw- ~ 9 TN 7TN Q r 107 N , I I T z Z ~ Z scr.voL dft ~ ~ ~ : SCt~OA I . J O z = 0 ~ 1 =j000 ~ ~ a 0 3 _ . i • - . `i . O SPOKANE COUNTY PLANNING DEPARTMENT APPL.I(`ATinNS AFFniZE THE ZOIYINC AD]L)STOR/BQARD OF ADNSTIviENT Certificate of Exemption No.: Application No.:jl,4:~~7~~~ ~ Name of Applicant: ~ e- ,7' SoJO- n$s.0 Agcnt:, Y N Strcet Address:'av LX 9 13~ /IVe• ~(n• -6 iq Zip Phone - Home:.2~7-6 City: State: Code: !7d"LD 6- ' Work: S"e,.. ~ Agcnts No. Name o Propcrty Owncr(s): a. ` K~,~,~I.J-er r? o t Lfi;s- r d e el ti Strcet A dress: v/ e n Zip Phone • Home:1~ -O~.~ City:~b ~a.n t: Stata:< • Cod~: ~9~ o,( Work: REQUESTED ACTION(S) (Circle appropriata action): ~ ariance(sConditional Use Permit Nonconforming Lot/Use ~ver of Violation TemPorarY Use/Sttucture Other: FOR STAFF USE ONLY CODE: ORDINANCE Cite Regulations Section(s): Propcrty Violation/ k Scction: Township: Range: Size: Enforcement: Y N Existing Zoning: Comp. Ptan Designation: LEGAL . PSSA: Y N UTA: Y N ASA: Y N FIRE DIST.; ' CHECKED BY: Hearing Date: Personnel Taking in Application: Existing Use of Propeny: ` . Describe Intended Proposal in Terms of RE UESTED ACTIONS abovef . . G . ~.r.~ Strcet Address of Pro rtY:~ Lcgal Description of Propcrty (include eascment, if applicable); e'4" 9.v ~ . ` Parcel No(s): Source of Legal ~ Total amount of adjoining land controllcd by this owner/sponso . f What interest do you hold in the property?~* &L~~ Please list previous Planning Department actions involving this property: 2,0 - - {6E:- s3-Y - 77- ? I SWEAR, UNDER PENALTY OF PERJURY, THAT: (1) I AM THE OWNER OF RECORD OR AUTHORIZED AGENT FOR 'I`FM PROPOSED SITF; (2) IF NOT THE OWNER, W]EtITTEN FERMISSION FROM SAID OWNER AUTHORIZING MY ACTIONS ON HIS/HER BEHALF IS ATTACHED: AND (3) ALL OF THE ABOVE RESPONSES AND THOSE ON SUPPORTING ~ DOCUMENTS ARE MADE TR Y AND TO THE BEST OF MY KNOWLEDGE. Signed: . . A d d ress:_t~{~ ~ ~ C,4~. Phone No::~c~ ~ -07•S~'' Date: NOTARY SEAL: _ Notary: Date: P3gc 1 of 4 (Over) Revised 3-4-$8 : . ~ , - . . . . .a . A. Rt1RnFN OF PROQF ' It is neccssary 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 case. Accordingly, you should have been given a form for your requested action '(variance, conditional use, etc.) designed to help you present your case in a way which addresses the criteria which the Zoning Adjustor must 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 proceed. , B. STG*!•OFF BY CQUNT DEPARTMENTS AND QTHER AGENCIES 1. ('O 1NTY HEALTH DtSTRICT a) Proposed method of water supply: b) Proposed method of sewage disposal: A preliminary consultation has been. held to discuss the proposal. The applicant has been informed of requirements and standards. ' , 0, (Signature) (IIate) (S' d of Waived)- ~OUNTY ENCINEERINC DEPARTMENT A preliminary consultation has been held to discuss the proposal. The applicant has bP n i fo ed o re uipments and standards. ! , ✓ (Signa re) (Date) (Sign-off Waived) 3, COUNTY tITIL1TI _S DEPARTMENT (Waive if outside WMAB) ( j A preliminary consultation has been held to discuss the proposai. Thc applicant has bcen informed of requirements and standards. . (Signature) (Date) _ (Si •o Waived) J The applicant is required to discuss the proposal ith to become informed of water system - requirements and standards: ( J The applicant is required to discuss the proposal with to become informed of sewage disposal rcquirements and standards. Ito; WSSA) 4, tiVATER PURVEYORr (W ' a) The proposal ' located within the boundaryour future service area. . b) The proposal is/is not located within the boundary of our current district. c) We are/are not able to serve this site with adequate water. d) Satisfactory arrangements have/have q~ been made to serve this proposal. (Signature) (Date) (Sign•off Waived) 5. SEWFRAGE PURVFYOR: (If other than Spokane County) ( j A preliminary consultation has been held to discuss the proposal. : The applicant has been informed of requirements and standards. (Signature) (Date) (Sign-off Waived) Page 2 of 4 n . , • ~ . . . . l ~ . . ` SPOKANE COUNTY PLANNING DEPARTMENT APPLICATin 'S BEFO * ' Certificatc of Excmption No.: Application No.:1loiP,=~^ 7 3--1-1 T Namc of Applicant: T►'t So ~ Agont:, Y N Strcet Address:01;-4 {J ij SEv /4~&' ~ tq Zip Phonc - Homc: -4~ City: Statc: Codo: c~a0~ Work: S"e- Agoats No. Namc o Property Own a J7 a- 1 e L F-~ 't Sh%rleY ct s): _ ~ c J e n oyC•~ ~ t/v J c n Strcct A dress: Zip Phonc • Homc:1ye•-42=:- City: ~Q ne- Statc:4cl~ • Codc: ~9--A Q~ Work: ur . REQUESTED ACTION(S) (Circlc appropnata action): ariancc(s Coaditioaal Use Perniit Noaconforming Lot/Usc ~ver o Violation Temporary Use/Structure Other: , FQR S'i' FF USE ONLY CODE: ORDINANCF. ~ . y. o y. i~s a ~ ~i ) Citc Ragulations Section(s). (Proparty V. ~olation/ ~ Seccion:~o Townsbip:2s Ranga: Sizo: ~~~,Enforcement: Y~ Existing Zoning: !-..6 Comp. Plan Dcsignation:-*4Z~i..E r~~ ~GAL"~ PSSA: CY) N UTA: Q.N ASA ; N FIRE DIST.,; CHECKED BY: Hcaring Date:yec- 9$g Pcrsonncl Taking in Application: Existing Usc of Propcrty: ~ . Dcscribe Intended Proposal in Tcrms of RE UESTED ACTIOIVS abovef . . ~ /.).3 ~ ~ ~,~,~-~1~~;+►i~v~ ' Strcet Address of Pro rty:s~ LIL qo Legal Description of Property (include easement, if applicable): ~ ~ ~ Parcel No(s):J~-54-i v3l? Source of Legal f Total amount of adjoining land controllcd by this owncr/spons . What intcrest do you hold in thc propcrty? Pleasc list previous Planning Department actions involving this property: 2.0 vc - FZ - 7 ~ V-ecr 7 7 t I SWEAR, UNDER PENALTY OF PERJURY, THAT: (1) I AM THE OWNER OF RECORD OR AUTHORIZED AGENT FOR THE PROPUSED SITE; (2) IF NOT THE OWNER, W]2I'ITEN PERMISSION FROM SAID OWNER AUTHORIZING MY ACTIONS ON HIS/HER BEHALF IS ATTACHED: AND (3) ALL OF THE ABOVE RESFONSFS AND THOSE ON SUPPORTING o DOCUMiENTS ARE MADE TRUTHFULLY AND TO BFST O WLEDGE. _ 1 Signcd•r ' ~J . Address: ~ ~ ~ Phone No.:~~ Date: T~~ Notary: Datc: Page 1 0 (Over) Revised 3-4-88 , 1 A. ROOF ~ l or the applicant or his/her representative to establish the reasons D p:C'TION should bc approvcd and to litcrally put forth thc basic ~ ca~o,~~, 4 ~1 you should havc bccn givcn a fonn for your rcqucstcd action (vlt" an n o l use, etc.) designcd to help you present your case in a way , wJ~~ h a seq: t critcria which the Zoning Adjustor must consider. Please fill e;fo d turn it with your application. If you did not get a form, ask the nt personnel for advicc on how to procccd. ~ B. SIG~I'~ oE COUNTY DEPARTMENTS ANn OTH .R A tENCTFi 1. COUNTY HEALTH DISTRICT a) Proposcd method of watcr supply: b) Proposed method of scwage disposal: A prcliminary consultation has bccn hcld to discuss thc proposal. Thc applicant has becn informed of requiremcnts and standards. a , , (Signatura) (Dato) (S' •off Waived) 2OUNTY EN GIN . .RIN G D .PART .NT A preliminary consultation has becn held to discuss the proposal. The applicant has b n i fo ed o rc ~ ymcnts and standards._ ~E (Signa ra) (Datc) - (Sign-off Waivcd) 3. COUNTY UTILITI .S D.PARTMFNT (Waivc if outsida WMAB) (I A preliminary consultation has becn hcld to discuss the proposal. Thc applicant has bcen informed of rcquircmcnts and standards. ~ (SignaLure) (Date) (Si -o~ Waived) The applicant is requircd to discuss the proposal ith ,to become informed of water system requircments and standards. ( J The applicant is requircd to discuss the proposal with to become informed of sewage disposal requircmcnts and standards. 4. WATER PC1R VF.YOR T (W 7i~l a) The proposal ' locatcd within thc boundaur futurc service area. b) The proposal is/is not located within the boundary of our current district. c) Wc are/are noc able to serve this site with adequate watcr. d) Satisfactory arrangcments have/havf qz been made to serve this proposal. (S i gn at u rc) (Datc) '(Sign-off Waivcd) 5. SEWFRA G. P 1RVFYnRT (If othcr than Spokanc County) A preliminary consultation has been held to discuss the proposal. The applicant has been informed of requirements and standards. (Signature) (Date) (Sign-off Waived) Page 2 of 4 . J SFOKANE COUNTY PLAMNING DEPARTMENT APPLICATIONS BEFORE THE ZOIVING ADJUST,OR/BOARD OF ADNST'MENT . FILE NO. ; PLAN. DEPT. CONTA HEARING DATE; rv" ~v'7sTi0.~ NOTE TO APPLICANT: Additional i orcnation may ba rcquircd by the Planaing Dcpartmcnt aftcr the application is subcnittad if it is found that such informatioa is ncedcd to clarify the file documcnts A. Additionaf EU Regutrements In order to assist you with your financial planning regarding this applicatioa, PLEASE BE ADVISED THAT OrI'HER DEPART'MENTS AND AGENCIES WITH WHICH YOU ARE REQUiRED TO CONSULT MAY CHARGE YOU AN ADDITiONAL FEE. The fces chargcd by the Planning Dcpartmant only partially dcfcr our admiaistrative costs and are not shared with othcr departments or agencies. 8 PrelIminarv Submittal Prior to filing an applicatioa. the projcct sponsor shall bccome fazniliar with the current proceduras and forms. Planning Department persoaael are available for advicc on currcnt procedures, past actions which may affcct the proposal and the Zoning Ordinancc or Coda rcquircments. S§__) SchedulinQ ap Anptic ti_ EU Pubjj~ Hg2ring Comnl_, eted apptications received by the Planning Dopartment will be scticduled for public haaring on the earliesi possible date. Dcpartruent personnel will contact the applicant approximatcly 21 days prior to the public hearing, and provide the information nccdcd to fulfill the notirication requirements outlincd in "E" bclow. Occasionally, excessive and unpredictable workloads in the Department may cause scheduling at a later date. ~fl~Suhmiti~l Renuirements Department policy raquires that the following information be submitted, at a minimum. N4"I'E: WE HAVE AFtEE NOTARY SERVICE AT OUR OFFICE. l • (grcan). Completed Certificate_of Exemotion form (yellow) (if rcquired). ~ Cem2leted Environmental Checklist ('tf required). (2~_.:)Asscssor's scction map for sub'ect arccl and ro crt wi i J P p p y t~r 300 ft (obtained at the County Assessor's Ofrice). If roquired by the Uepartment, obtain one (1) copy, intluding . &-re"ired. The niaps are to be submitted with the application form and other rcquired iaformation to the Department. Outline the subjeci parcel in pencil. Adjoiaing Assassor's maps that aro oceded: ~ Statcment of A[tendine Physician for De2endent Relacive (if applicable). Af'fidavit of De2endent Relative Circumstances (if applicable). ~ Fe.es. • Most frcquently encountcred fees, at the time this application was distributcd, arc itamized as follows; Depcndent Rctative Conditional Use Permit $ 50.00 All othcr Conditional Use Permits S 275.00 • Varianca C~ 175.00~) Waivcr of Violation (sliding-scale valug) Environmental Checklist $ 75.00 . will be collecrPri at the time of anolication conferen P anrl aoolied toward dl-e-' total fe; when the application is tuhmittrrl Pagc 3 of 4 s ~ 8. Site Plan - Submit si (6) opics of the proposal drawn to scale and indicating the following information: 0 a scalc of drawing i parking arcas/spaces/drivcways . north arrow j. landscaping icinity map k. fcncing ite arca showing propcrty 1, topography of the sitc boundarics and dimcnsions m. cascmcnt(s) affccting the usc (if a yard variancc application, of the propcrty obtain "dimcnsioning" n. septic tank, drainficld and well a n d o u t) o. dimcnsions from proposcd width and names of strcets structures to the ordinary high- djaccnt to the sitc. watcr mark of all water bodies f cxisting buildings within 200 fcct g ~ proposed buildings (including extcrior dccks/balconics) showing dimcnsions and distancc to propcrty boundaries hcight of all structures. ~ E NQtification Reauiremeets The applicant is to provide notification as follows. More detailed instructions are provided when notification packet is picked up at the Department. Plcase note thcrc i a.2S nt/per parcel (plus tax) 'charge for the list of property owners within 300 your proposal. This fee will be collccted whcn you pick up your agcnda packct. $ecp.1: All propcrty owners and taxpayers within thrat hundred (300) fcet of the propcrty, including all additional contiguous owncrship and any cascmcnt(s) providing acccss across othcr propcrtics shall bc notificd by the proponcnt. U[ilizing a list ot' propeny owners and taxpayers obtained from the Department or a eitle company and copies of the Agenda Notification prepared by the Depanment, the applicant shall accomplish notification by mailing the agenda notification by Fir-;e Class Mail as dirccted by the Department personnel. S cep 2: lbg a n n lica n t shal n r o_v i d_e W orj.gj,na1 cQ m Q u~te_r Qla.iling LL.L. Affidavit of Mailing and all returned mailings (addressee unknown, etc.) to the Dcpartment at least two (2) days prior to the public hearing for inclusion in the filc. F Publi He_ arinQ The applicant or rcpresentative must be present at the public hearing. If the owncrs is not at the mccting, the "representativc" must have written authorization from all • affecttd owncr(s) to act on his/her/their behalf. . . _ ~ Pagc 4 of 4 ~ ' . , ` . 5 ~ . 1 ! Z:7y" . . ~ 7~~a c fC \ . ~ ~ , y ~ APPLICANT'S FORM w NAME: FILE: I. YARIANCES ' A. Will the variance authorize a use otherwise prohibited in this zone? Yes ; No Comment: jZ;., ~ ~ ~ rB,) Will special circumstances a licable to the ro ert (such as size, shape, topography, surround ngs when com6ine w t.the~°standards of the Zon~ng Ordinance, create practical difficulties~for use of the property and/or deprive the property of rights and privileges common to other properti es i n the vt ci nity and simi 1 i ar zone c assi fi cati on? Yes No ; Comnent:~~ ' . . . ~ C. Will th-a granting of the variance be materially detrimental -to the publ i c~vel fare or inj uri ous to pr r-Sy or improvements i n the vicinity and zone? Yes No Comnent's: D. Does strict application of the zoning standard create an unreasonable burden in light of p rpose to s6rved by the sta dard? Yes No ; Comment: ' L~' . 021v' . e ~ i E. Would t•elaxation o the Zoning standard make a more enviro rnnentally sensi tf %te or energy-conservi ng project or encourage conti nued or new use of 3n hi storic property? Yes ; No ;`Conmenti F. Will a broader, public need or interest be served by g nting verse denying the variance? Yes No ; Comment: --It &Ca& f~ ~2~ , ' . ~ Is the case for a variance supported by other like or similar situations in the vicinity and in similar zones? Yes ; No ; Comment: (continued on reverse side) H. Will granting the variance adversely affect the overall zoning design, plan or concept for either the immediate area or thf entire County? , Yes ; No Comment: . • 000 . ~ 1. Is the case for a variance substantjaZly-based upon a lack of reasonable economic return or a claim that the existing structure is too siiia 11 ? ye s No ; Comment • ' ' ~ . , . . , . 4o) , . . •J. Will granting the variance be inconsistent with the general purpose and intent of the Comprehensive Plan? Yes ; No V,Comment: K. Di d tne practi cal di ffi cul ty whi ch gives ri se to the vari ance reque'st exist before the prop rty was acquired by the present owner? Yes 4J9 y No ; Comment: ~ ~ - . ~ L. i 11 t e gr i ng the vari ance resul t i n defa o zone ec ssi i c - ~ t~ on; that i s, the establ i shi ng of nearly al 1 the pri vi 1 eges comnon to a different zone classification? Yes ; No Comment: , M. Ooes the requested variance result in the circumvention of den regulations designed to protect the Aquifer? Yes ; No Vly; Corrment: . 0046z/Arch. 0002z 2