CUE-9-00 .
SPOKA.NE COUNTY HEARING EXAMINER
RE: Conditional Use Permit for a Home Industry, )
in the Urban Residential-3.5 (UR-3.5) zone ) FINDINGS OF FACT,
Applicant: Terence and Kathleen Thompson ) CONCLUSIONS OF LAW,
File No. CUE-9-00 ) AND DECISION
1. SUMMARY OF PROPOSAL AND DECISION
Proposal: Application for a conditional use permit for a home industry, to allow development
of a water garden/pond supply business, in the Urban Residential-3.5 (UR-3.5) zone.
Decision: Approved, subject to revised conditions of approval.
The Hearing Examiner has reviewed the conditional use permit application and the
evidence of record, and hereby adopts the following Findings of Fact, Conclusions of Law and
Decision:
II. BACKGROUND/FINDINGS OF FACT
0
A. GeneralInformation:
Applicant/Owner: Terence D. and Kathleen L. Thompson, 8003 East Cataldo Avenue,
Spokane, WA 99212
Site Address: 7910 East Desmet Avenue and 8003 West Cataldo, Spokane, WA
Site Location: Generally located north of and adjacent to Cataldo Avenue, south of and
adjacent to Desmet, in the NW 1/4 of Section 18, Township 25 North, Range 44 EWM, Spokane
County, WA
Legal Description: County Assessor's tax parcel no. 45182.0814 and .OS 19 (now aggregated)
Zoning: Urban Residential-3.5 (UR-3.5). The site is located inside the Aquifer Sensitive Area
(ASA) Overlay zone and the Public Transit Benefit Area designated by the County Zoning Code.
Comprehensive Plan: Urban category. The subject property is also within the ASA, the
Priority Sewer Service Area, and the Urban Impact flrea designated by the Comprehensive Plan.
IUGA: The site is located inside the interim urban growth area boundaries designated by
the County pursuant to the State Growth Management.
Environmental Review: A Determination of Nonsignificance (DNS) was issued by the
Division of Plan.ning on August 18, 2000.
HE Findings, Conclusions and Decision CUE-9-00 Page 1
.
o'
Site Description: The subject property is approximately .96 acre in size, irregular in shape
and relatively flat in topography. The site and adjoining lots are part of a subdivision recorded
in 1954. The lot lying directly west of the northwest portion of the site, which fronts along Ella
Road and DeSmet Avenue, was originally part of a larger parcel that included the northwest
portion of the site. Such adjacent lot is improved with a single-family home, which is owned by
. the applicant and is currently being rented out to others. The address for the residence is 1028 N.
Ella Road. In 1999, the northwest portion of the site was segregated from the adjacent parcel to
the west by a lot line adjustment. The parcels making up the site were recently aggregated, in
order to meet the approval criteria for a home industry conditional use permit in the UR-3.5 zone.
The northwest portion of the site contains an accessory building/shop, which previously
served as a detached garage for the home at 1028 N. Ella Road. The south end of the site, which
fronts along Cataldo Avenue, is improved with a single-family residence and attached garage.
The northwest end of the site fronts along DeSmet Avenue for approximately 70 feet.
County Assessor records indicate the existing residence as having a main floor area of
approximately 825 square feet, and the detached shop as having a footprint on the ground of
approximately 1,040 square feet. The residence is served by public water and was recently
connected to public sewer, along Cataldo Avenue. The site also has access to well water from
the applicant's adjoining property to the west, via an easement on the west property line. The
detached shop contains no restroom facilities or water service, and is not connected to public
sewer. A portable toilet has been placed near the shop. A commercial water garden/pond supply
business is currently being operated out of the shop, known as "Blue Iris Water Gardens",
without a required conditional use permit for a home industry. The applicant has been issued a
home profession permit by the County, which restricts operation of the business to the residence
on the site. File HPE-8-96.
The middle east part of the property is improved with landscaped ponds (water gardens),
with nearby benches for seating, and a 12-foot by 14-foot Japanese tea house. The rear yard of
the site is enclosed by sight-obscuring wood fencing, except for the exterior borders of the
northwest extension of the site, where see-through cyclone fencing is found. Signage for the
business is illustrated along the west face of the shop and on the entrance gate along DeSmet
Avenue. The northwest portion of the site around the shop is graveled and has room for parking.
The Hearing Examiner observed some outdoor storage on the property during a site visit, along
the north property line and near the shop. Development of the site is visible in the photos
included in Exhibits A. B, E and F:
Area Road System: Broadway Avenue, located one block south of the site, Park Road, located
a quarter mile west of the site, and Argonne and Mullan Roads, located .7 miles to the east, are
all designated as Principal Arterials by the County Arterial Road Plan. Vista Road, located a
block and one-half to the east, is designated as a Collector Arterial. Interstate 90 is located .2
mile north of the site, at its closest point. The State of Washington is currently in the process of
widening I-90 in the area, and installing a bridge over the freeway for Park Road. DeSmet
Avenue is an unpaved, un-maintained county right of way with a width of 65 feet and a traveled
width of approximately 25 feet.
HE Findings, Conclusions and Decision CUE-9-00 Page 2
Surrounding Conditions: The land in the area is designated in the Urban category of the
Comprehensive Plan. The land lying north of the site is zoned UR-3.5 and is primarily
developed with single-fami-ly homes. A duplex lies directly north of the northwest portion of the .
site, across DeSmet Avenue. Lot sizes to the north range from approximately 12,200 square feet
to 28,750 square feet. Some Light Industrial (I-2) zonina is found at some distance northwest of
the site, mostly bordering I-90.
The land lying east of the site is zoned UR-3.5, and is developed with single-family homes
on lots ranging from 14,700 square feet to 21,780 square feet. The lot lying directly east of the
southeast portion of the site is undeveloped. The land lying west of the site, east of Ella Road, is
zoned UR-3.5, and developed with single-family homes on lots ranging in size from 10,500
square feet to 19,700 square feet. A middle school is located westerly of the site, on a large
parcel that extends between Ella Road and Park Road.
A 6.5 acre parcel of land, zoned UR-22 and developed with apartments, lies south of the
site at the southeast corner of Cataldo Avenue and Ella Road. The land lying east of such zone,
south of Cataldo Avenue, is zoned UR-3.5 on lot sizes averagi.ng 11,760 square feet.
Project Description: The application for a conditional use permit requests approval of a
home industry use, to allow use of the detached accessory building/shop for a water
garden/pond supply business. The site plan of record submitted on 5-10-00 illustrates the
shop as 1,000 square feet, with an attached lean-to on the west end that is open on the south
side. Parking is illustrated on the west side of the shop, and additional parking is shown east
of the shop. A driveway is illustrated extending south from DeSmet, around the main parking
area and shop to the additional parking area. Another driveway extends southeast from
DeSmet to the additional parking area. The shop, driveways and parking areas are confined to
the northwest portion of the project.
The site plan illustrates 3 irregularly shaped "water garden" ponds, and one rectangular
"formal water garden" pond in the middle east portion of the site, arranged generally around
the Japanese tea house on the site. The largest pond has maximum dimensions of 6 feet by 12
feet, in an irregular shape. The site is heavily landscaped with trees and shrubs, and has a
park-like appearance. The applicant proposes to replace some of the weeds and rocks on the
site with grass. The site plan illustrates fencing around the entire perimeter of the site, except
in the front yard.
The pre-application conference form for the project comments that 2 outside employees
would be involved in the business, in addition to family members residing on the site.
B. ProceduralInformation:
Applicable Zoning Regulations: Spokane County Zoning Code 14.616.240 (4), and Zoning
Code Chapter 14.404
Hearing Date and Location: September 6, 2000, Spokane County Public Works Building,
Lower Level, Commissioners Assembly Room, 1026 West Broadway, Spokane, WA.
HE Findings, Conclusions and Decision CUE-9-00 Page 3
~
Notices: Mailed: August 14, 2000
Published: August 18, 2000
Site Visit: September 19, 2000
Hearing Procedure: Pursuant to County Resolution Nos. 96-0171 and 96-0294
Testimony:
Deanna Walter Scott Engelhard
Division of Current Planning Division of Engineering
1026 West Broadway 1026 West Broadway
Spokane, WA 99260-0240 Spokane, WA 99260
Terry Thompson Hugh Smith
8003 East Cataldo 8016 East Boone
Spokane, WA 99212 Spokane, WA 99212
Daryl Hatten
7905 East Boone Avenue
Spokane, WA 99212
Items Noticed: Spokane County Comprehensive Plan, County Zoning Code, County Code,
County Arterial Road Plan maps, 1996 Update to County Wastewater Management Plan, and
County Standards for Road and Sewer Construction. County Resolution Nos. 99-0265 (revising
Standards for Road and Sewer Construction, 97-0874 (revising interim regulations for County
NGAs), 97-0321 (adopting interim regulations for County IUGAs), 96-0585 (adopting 1996
Update to CWMP), 96-0294 (Hearing Examiner Rules of Procedure), 96-0293 (ESHB 1724
procedures), and 96-0171 (Hearing Examiner Ordinance).
III. LAND USE ANALYSIS
FINDINGS OF FACT AND CONCLUSIONS OF LAW
A. Approval criteria
The Hearing Examiner Ordinance authorizes the Hearing Examiner to grant, deny or grant
with such conditions, modifications and restrictions as the Examiner finds necessary to make a
conditional use permit application compatible with the Spokane County Generalized
Comprehensive Plan and applicable development regulations. See County Resolution ivo.
96-0171, Attach.ment "A", paragraphs 7(d) and section 11. Development regulations include
without limitation the County Zoning Code, the State Environmental Policy Act (SEPA) and the
County's Local Environmental Ordinance (chapter 11.10, Spokane County Code).
To be approved, the conditional use permit must comply with the criteria set forth in the
Urban Residential-3.5 (UR-3.5) zone for a home industry, the development standards of the UR-3.5
zone, the general requirements for conditional uses contained in Zoning Code 14.404.100 et seq,
and other applicable development regulations. Zoning Code 14.404.101 authorizes denial of a
conditional use permit where it cannot be shown that the requested use will be compatible with
HE Findings, Conclusions and Decision CUE-9-00 Page 4
r
other permitted uses in the zone involved and authorizes the Hearing Examiner to impose
conditions on development of a conditional use to ensure the permit's compatibility with other
permitted uses in the zone.
Zoning Code 14.404.102 (1) sets forth various conditions and restrictions that may be
imposed on issuance of a conditional use permit. This includes control of use; special or
enhanced standards of development; control of noise, glare, and other environmental effects;
control of operating hours; limitations on duration or time of use; and ..[a]ny other reasonable
restrictions, conditions or safeguards that will uphold the spirit and intent of the [Zoning] Code
and the Comprehensive Plan and mitigate any adverse impact upon the adjacent property by
reason of use, extension, construction, or alteration allowed."
A comprehensive plan is considered as a general blueprint for land use regulation. See
Citizens for Mount Vernon v. City of Mount Vernon, 133 Wn.2d 861, 873 (1997); and Cathcart v.
Snohomish County, 96 Wn.2d 201, 211-12 (1981). Where a comprehensive plan conflicts with
zoning regulations, the zoning regulations will usually be construed to prevail. See WeyerhaeuseY
v. Pierce County, 124 Wn.2d 26, 43 (1994). This is particularly the case with regard to the approval
of conditional use permits. See Hansen v. Chelan County, 81 Wn. App 133, 138 (1996); and Pease
Hill v. County of Spokane County, 62 Wn. App. 800, 808-809 (1991).
County Zoning Code 14.100.104 provides that the Zoning Code shall be interpreted to
carry out and implement the purpose and intent of the Comprehensive Plan, and the general plans
for physical development adopted by the Board of County Commissioners. Zoning Code
14.100.106 indicates that when the provisions of the Zoning Code conflict with the
Comprehensive Plan, or other adopted plans and development regulations, the more restrictive
provisions shall govern to the extent legally permissible and the Zoning Code provisions will be
met as a minimum.
The Comprehensive Plan states that the decision guidelines set forth in the Plan should be
used as a reference source and guide for making land use decisions. Comprehensive Plan, p. 2.
B. The conditional use permit for a home industrv, as conditioned, izenerallv conforms with
the Comprehensive Plan; is consistent with the pumose, intent and development standards of the
Urban Residential-3.5 (UR-3.5) zone; complies with the special standards established bv the
UR-3.5 zone for the conditional use; is reasonablv compatible with other uses permitted in the
UR-3.5 zone or in the location of the proposed use; reasonably mitigates any adverse impacts on
adioining properties by reason of use, extension, construction or alteration allowed with respect
to the conditional useT and is consistent with the Countv Zoning Code and applicable
development reQulations.
1. Applicable Comprehensive Plan policies
The proposal is designated in the Urban category of the Comprehensive Plan. The Urban
category of the Comprehensive Plan is intended to provide the opportunity for a"citylike"
environment, including a variety of land uses served by a high level of public facilities and
services. It is primarily a residential category of single-family, two-family, multifamily and
condominium buildings, along with neighborhood commercial, light industrial, public and
HE Findings, Conclusions and Decision CUE-9-00 Page 5
recreational facilities. The Urban category recommends a residential net density range of 1 to 17
dwelling units per acre. Comprehensive Plan, Section 1.
The Urban category states that the more intensive uses such as light industrial and
neighborhood commercial should be located near the heavily traveled streets, with the less
intensive uses such as residential isolated from the noise and traffic. The Urban category does not directly address itself to a"home industry" use. The Urban
category does contemplate "home occupations", which are similar to the "home profession" use
that is permitted in various zones by the County Zoning Code, through administrative action by
the County Division of Planning. The Urban category recommends that before home
occupations are approved in an existing residential area, it should be determined that they do not
disnipt residential amenities concerning sight, sound, smell and similar factors; create traffic
which exceeds road design or which develops traffic hazards within the neighborhood; or
negatively impact the intended uses within such category. Urban category, Objective l.l.i and
Decision Guideline 1.1.7.
Urban category uses should be served by a high level of public services, including public
sewer or interim sewage disposal systems that protect water quality. Decision Guidelines 1.1.2
and 1.3.3. A variety and mix of residential uses and densities are recommended in such category.
Decision Guideline 1.1.4. Residential areas are discouraged in high noise areas. Objective 1.5.d
and Decision Guideline 1.5.6.
The Urban category recommends that new residential development be buffered from
existing adj acent uses where adverse effects may develop, through use of spatial separation,
distance, screening, landscaping or other performance standards. Decision Guideline 1.5.1.
Structure height and the architectural character of new development in relation to nearby
structures in the neighborhood are to be considered before approving such development.
Decision Guideline 1.5.8. Land use proposals should be consistent with adopted County and
service district utility plans, policies and regulations, and resolve adverse effects on public
infrastructure. Decision Guideline 1.6. l.
The Transportation section of the Comprehensive Plan contains the Arterial Road Plan and
policies applicable to development along county roads. The A.rterial Road Plan describes the
various classes of County arterials and their functions, and considers all other county roads as
Local Access roads. The Arterial Road Plan maps designate arterials in the urbanizing areas of
the county as Principal Arterials, Minor Arterials or Collector Arterials, in descending order of
importance. See Comprehensive Plan, Section 21.
The roads adjacent to the site are considered Local Access roads by the Arterial Road Plan.
The primary function of Local Access roads is to provide access to adjacent property and deliver
traffic to arterials. Such roads are to be designed and located to provide convenient access to
residential lots, discourage flows of traffic through a neighborhood, and encourage continuous or
unobstructed flow of traffic from a neighborhood to a neighborhood Collector Arterial.
Comprehensive Plan, p. 247 and 260; and Decision Guideline 21.3.3.
HE Findings, Conclusions and Decision CLTE-9-00 Page 6
:
Decision Guideline 21.5.10 discourages "through" traffic from using residential access
streets, and encourages making residential neighborhoods more attractive to family residents.
This may be accomplished by utilizing physical and traffic management techniques such as
offset intersections, circle drives, curvilinear street design and cul-de-sacs.
The Transportation section encourages an adequate, efficient, safe, economical and energy-
conserving arterial system; which provides convenient access to homes, employment, shopping,
personal business and recreation. See Decision Guideline 21.4.2. Decision Guideline 21.5.3
encourages land use planning that will minimize the need for high capacity transportation
corridors and encourages land uses in areas that can take advantage of the available capacity of
existing arterial streets.
Decision Guideline 21.5.11 encourages pedestrian facilities to enhance the safety and
convenience of pedestrian travel and to provide access to neighborhood facilities. Decision
Guideline 21.1.5 indicates that sidewalks should at a minimum be provided along all arterial
roads and all local access roads which lead to schools, parks and shopping districts. The
Transportation section states that proposed development may be required to dedicate needed
right of way, or to widen, or assist in widening, existing transportation facilities; all in
accordance with established road design criteria and off cial maps. Decision Guideline 21.1.7.
Decision Guideline 23.1.2 of the Comprehensive Plan recommends that sewer facility
planning and development be consistent with the Comprehensive Plan in regard to size, location
and timing. Decision Guideline 23.1.3 indicates that capital improvement plans for sewer
facilities should be used as an implementation tool for the Land Use Element of the
Comprehensive Plan. The more restrictive of the policies in the CWMP and Comprehensive Plan
are to be applied by public agencies using such policies. See County Resolution No. 96-0585.
In 1996, the County adopted an update to the County Comprehensive Wastewater
Management Plan (1996 CWMP Update), which is incorporated by reference into the
Comprehensive Land Use Plan adopted by the County. The 1996 CWMP Update designates 6-
year and 15-year capital improvement areas where the County plans to extend public sewer
service. The current site is located inside a 6-year program area, and public sewer was recently
extended in Cataldo Avenue adjacent to the site. See County Resolution No. 96-0585, adopting
CWMP 1996 Update, p. 2-8, 2-10 and Exhibit 4-2.
2. Consistency of home industrv with approval criteria
The proposal is zoned Urban Residential-3.5 (UR-3.5), a zone which implements the
Urban category of the Comprehensive Plan. Zoning Code 14.616.100 states as follows:
The purpose of the UR-3. S zone is to implement the lower density range of
the Urban category of the Comprehensive Plan. The intent of the zone is
to promote areas of primarily single family residential use in an urbanized
neighborhood setting, having a high level of public services. Lots shall be
served by a public water system and shall require connection to a public
central sewer system when available. Roadways shall be paved and
curbed and may have sidewalks.
HE Findings, Conclusions and Decision CUE-9-00 Page 7
I
4
The UR-3.5 zone expressly a1lows a"home industry„ as a conditional use, provided it
me,ets the standards set farth in Sectian 14.61 6,240 {4} of the Zoning Cvde and, other applicabIe
requirements. Section 14.300.100 of the County Zoning Code defiries a"hvme industry" as
fo llows:
,4n occupation, profession, or craft, excluding un adult bookstore or adult
entertaz'nment establishrnent, in association with a p~imary residence,
which is of such intensaty Qr broad sco,pe of operatian thatpublz
'c hearing
reva'ew, as aConditional Use Fermir, is raecessary. Therefore, by
character and dsfnition, a home industry as dif~erent thara a horne
profession or genera1 commercicxl, industrial and business u.ses.
A "home professzon" is petmitted as an accessary use in the 'URs3,5 zone, p-rovided that a
home pr4fessian perrnit is obtained. Zonizag Code 14.616.220. A home profession is a moire.
limited use than a home industry use; and must be carried on entirely within a residence b}r the
accupants of such residence, be clearly incidental to the use of the residence as a dwelling,
car.not change the residential character of the dwelling or neighborhaod, and be canducted
vvithout giving the outward appearance of a business. See Zoning Code 14.300.100, definxtion of
"home prafession". The cuz-rent home prafession permIt issued to the applicant for the water
garden supp1y business- is not broad enough for the propasal, since the applicant is ussng the
detached shop and grounds for the business.
The pro}ect w-ili be served by ahigh level of public services, including public sewer ajid
w,ater, is located in an area where publir- facilitles have already been estabZished, and Zxes wfthin
the interim urban growth area (IUGA) designated by the County pursuant to the State Grouth
NZan,agement Act, The project has been conditioned for public sewer.
County Resolutian No. 97-0$74 prohibits the approval of aconditional use permit within
the County's designated Interim Urban, C'rrowth Area (1UGA) boundaries, unless the propasal can
derrianstrate the availability ofpublic sewer and urat+ez, or is located within the 15-year sewel-
capital pragra.m area designated by the 1996 Updatt~ to the County Comprehe-nsive Wastewater
ManagerrYent Plan. The County Dxvzsivn of Utilities has indi,cated that the applicant can extend
public sewer a distance of 265 feet to the detached shop, from the sevver cannection already
established for the residence located on the site.
The applicant testified that approxi-mately 10%of the business corn,es frnm c~,sto~r~ers
residi,n,~ within 400fe~t of the site, and t1~eir,~riends, ~and that a 1arge and increasing amou-nt of
sales of wate,r garden products is generated uia the internet. The business is laz-gely seasonals
betweeri March and October, with the highest number of cListomers generated in the sumlmer.
During the winter rnanths, the detached shop is used as agift shop for their prvducts. The
applYCant testified that two water garden pon,ds previausly locatec~ nor[h o~` the water g~.rden
ponds illustrated on the site plan have been removed, and that the rernatning ponds on the site are
pe=anent. The applicant testified that usuall,y no more than 4-5 custa-mers visit the site during
the day, that as many as 5-10 custarners visit the site an occasian, and that nv xnare than 4
custo-mers at an}r one time. Business hours for the publi,c dun'ng the week are generally
Wednesday thrvugh Sunday, fxam 9:30 a.m.110:00 a.rn. to 7.00 p.m.
;~E Findings, Conclusions and Dec,ision CUE-9-00 Page 8
j
Hugh Smith, the owner of an assemblage of parcels stretching from Ella Road to Dick
Road extended north, including a duplex lot located directly north of current site, immediately
east of the terminus of the DeSmet Avenue right of way, expressed numerous concerns regarding
the project. See Exhibit F, and testimony of Hugh Smith. The primary issue raised by Mr. Smith
dealt with impacts to his abutting property from the use of the unimproved DeSmet Avenue right
of way, by customers of the applicant's water garden business, for access and parking.
Mr. Smith testified that the entrance gate for the business, which is located a short distance
west of the end of the right of way, is usually kept closed. This results in cars using the driveway
for Mr. Smith's duplex as a turnaround, and to park in the right of way at the entrance to such
driveway. This results in congestion in the right of way, blocking of the duplex driveway,
customers driving on the duplex lawn, and the raising of dust. Such parking conditions are
exacerbated by cars parking on the subject right of way during school events conducted at
Centennial Nliddle School, which is located to the west along Ella Road. Mr. Smith also
requested that the applicant be required to pave DeSmet, if the conditional use permit was
approved.
The site plan of record shows driveways leading into and around the shop and proposed
parking areas, but does not provide a circular driveway. The applicant keeps the entrance gate to
the site along DeSmet Avenue locked for considerable periods of time, probably for security
reasons. Customers apparently come to the site during business and non-business hours, park on
the right of way, and view the water garden display areas on the site from DeSmet Avenue,
through the non-sight obscuring fence located along the north boundary of the northwest
extension of the site. The applicant does attempt to restrict customer parking on the right of way.
County Engineering requested that there be no parking for the business along DeSmet
Avenue, due to the narrow right of way, and recommended that the applicant construct a circular
driveway inside the site for use as a turnaround for customers. See testimony of Scott Engelhard.
The Examiner finds a turnaround within the site, with access available at all times, to be
necessary in order to mitigate impacts from the project on the users of DeSmet Avenue and Mr.
Smith's adj acent property. The Examiner also finds that the cyclone fencing located along the
north boundary of the site should be made sight-obscuring, east of the entrance gate. If
customers wish to view the water gardens, they can do so from inside the site. Parking should be
prohibited on the DeSmet right of way, and on-site parking limited to no more than 5 customer
vehicles at any one time, to preserve the residential appearance and character of the subject
property. The Examiner has amended the conditions of approval in this regard.
County Engineering condition of approval #3 requires the applicant to submit a parking
plan and traffic circulation plan for review and acceptance, and the paving or surfacing of any
portion of the site that would be occupied or traveled by vehicles. At the public hearing, County
Engineering indicated that such condition would likely require the applicant to pave the parking
area on the site and the DeSmet Avenue right of way, and possibly the private driveways for the
business leading to DeSmet. The applicant, Terry Thompson, testified that due to the small size
of the business, he couldn't afford to pave the parking areas or the right of way.
Section 14.802.080 requires all off-street parking areas for uses other than single-family
housing, within the Urban Impact Area designated in the Comprehensive Plan, to be graded and
a paved surface installed before issuance of a certificate of occupancy for the building. The site
HE Findings, Conclusions and Decision CLTE-9-00 Page 9
l~
is designated in the UTA. The County Planning Director may waive the paving requirement
within the LJIA, upon recommendations by County Engineering and the Spokane Air Pollution
Control Authority (SCAPCA), if the applicant can demonstrate that the proposed surfacing, such
as grass pavers or other technology, will not adversely affect air quality, water quality or the
integrity of the parking area.
County Engineering has considerable discretion over county roads under the- County Road
Standards and the Spokane County Code, including the use of non-maintained county rights of
way such as DeSmet Avenue for private access. The increase in vehicle trips along the DeSmet
right of way for the home industry provides a sufficient basis for County Engineering to require
improvements to the right of way, if found to be necessary through an administrative review
process. Compliance with County Engineering condition of approval #1 may necessitate that the
applicant pave DeSmet Avenue. See testimony of Scott Engelhard.
Mr. Smith also expressed concern that the shop was not connected to public sewer or public
water, and was not handicap accessible. The County Health District conditions of approval
prohibit the use of any individual on-site sewage system for the home industry, and require that a
public sewer system and a public water system be made available for the project. The Hearing
Examiner has added a condition of approval requiring the applicant to immediately remove the.
portable toilet from the site. The County Health District condition would appear to prohibit the
applicant from serving the shop on the site with well water, in lieu of a connection to public
water. Such conditions may allow the applicant to irrigate the site with well water. Convincing
evidence was presented at the public hearing that the residence on the site is connected to public
sewer and water.
The applicant testified that the shop was at ground level and had a ramp installed for
ha.ndicap access, and that his son was bound to a wheelchair and could get around the project site
without difficulty. Whether the home industry complies with or is subject to applicable "barrier
free" handicap requirements is unknown. The Examiner has added a condition of approval
requiring the applicant to contact the Division of Building and Code Enforcement, to ensure that
any bamer free requirements applicable to the home industry are complied with.
Mr. Smith also contended that the shop did not meet setback requirements, which he stated
to be 25 feet from the property line if used as a business with a separate address. County
Planning staff stated that the north property line was a side yard line, not a front yard line. The
side yard setback requirement in the UR-3.5 zone is five (5) feet. The shop is setback 20 feet
from the north property line. Structure setbacks for uses adj acent to a recorded driveway
easement are established from the inner edge of the driveway easement and calculated as a side
yard setback. The access easement or license that the applicant needs from County Engineering
to access DeSmet Avenue for the home industry is akin to a driveway easement. The shop
appears to meet setback requirements.
Mr. Smith further objected to the dumpster placed just west of the site, adjacent to or within
the DeSmet Avenue right of way. The applicant testified that the dumpster was used only by the
renters of his residence located at 1028 N. Ella Road. The Examiner agrees that if the dumpster
is used for the home industry, it should be kept out of the right of way, except for pick-up by the
solid waster system. A condition of approval has been added in this regard.
HE Findings, Conclusions and Decision CLTE-9-00 Page 10
I
i
The awmer of a residence lacated sorne distance northwest of the site, at the northeast
comer of Ella Road and Baane Avenue, expressed cancern regarding the addition of tra,ffic alar►g
Ella Raad and the business nature of the project. No evidence was presented of a traffic
en~ir~eering nature that the p;roj ect would ca~xse a failing le~rel of ser~vice along DeSrr~et Avenue.
The StaffRepart indicates that there are no outside displays on the subject propeaty.
Hovvever, the water gaLrden ponds represerat vutdoar displays that are shown to customers of the
6usiness for the pur-pose af rrmarketing vvater garden products. If the ponds d.id xrat comprise
outdoor display areas, they wo-uld have to he enclosed in the existing shop, or otheT aCCessory
building, meeting the squaze footage Iumitat'ions far the home ind-ustry, 5ee Zaning Cade
I4.616240 (b).
Csaunty PXann,ing condition of approval #3 requires that the project site be develaped ir~
~~cordance with the site plan of record. This prevents the a.pplicant from adding any additional
buildings, or water gardens, displays, etc. tn the yard areas of the site without subrnitting a
change ofcvnd,ztions application and gaing thraugh the publxc hean"ng process. The Examiner
finds this limitation necessary to prevent the sca1e of the pxoject frorrr destroying the residential
appearance and character of the site. This daes not preverlt the applicant from further
landscaping the site wi~h grass or xes1d!:,,nt1a1 landscapi-ng fcatures, as long as they preserve the
residential appeararrce and chaxacter ofthe site.
The Staff Report indicates that no sign~ currently exist on the site or are i1iustxated on the
site p1an. ~owever, signage fog the business is found on the west face of th,e shop and on the
north fence. The applicant is restn'cted by Zon,i,ng Code 14.61 6.240 (d) to a single, unlighted
sign a m~x'unurr7 of 4 feet on aface,
Same stoxage exists around the shop and along the north boundary of the site that may be
associated with the hame industry. If aS50C1ated wIth the hOITIe 1T1d115tT'y, such sto,rage rnust
either be enclased ar completeZy screened frazn view by a ma.ximuzn 6-foot high sight-obscuring
fence Zom'ng Cade 14.61 6.240 (4)(i).
The project atherwise appears to meet the standar~s far -the home industry established by
the Zoning Code, as set farth in the Sta#'f Repork. With the conditians of approval imposed
below, the subject proper-ty will retain its residmtial appearance and character, be reasanably
compatible vvith adjvining 1and uses and other land uses in the UR-3.5 ~one sur,round,ing the site,
generally conforrn vvith the Urban categor-y and ather relevant policies of the Cvmprehensive
Plan, and comply with the Zonin,g Cvtie and other applicable development regulations.
A building pennit may`nat be necessary for the project. The Examiner has accardxngly
imposed tirne frarnes for complia.nce witb, the conditions of approval.
The requirements of the State ~nvironmental Policy Act and t~e County's Local
Environznental Ord'unance have been met. No sigrii~'icant adverse environmental irngacts v~i11
vccur as a result of the p-roj ect, as canditioned. The Hea.rir~~ ~xaminer concurs with the
Deterrnination of Nonsignificance issued by the Divisian of Plarirring.
HE 'Findings, Conclusivns and Decision CUE-9-00 Page X I
l~
IV. DECISION
Based on the above Findings of Fact and Conclusions of Law, the above application for
a conditional use permit for a home industry in the existing UR-3.5 zone, for a water garden/
pond supply business, is hereby approved, subject to the conditions of approval set forth
below. Any significant changes or additions to the conditions of approval recommended by
the public agencies below are italicizecl.
Failure to comply with the conditions of this approval may result in suspension or
revocation of this approval by the Hearing Examiner. This approval does not waive the
applicant's obligation to comply with all other requirements of other agencies with jurisdiction
over land development.
SPOKANE COUNTY DIVISION OF PLANNING
1. All conditions imposed by the Hearing Examiner shall be binding on the "Applicant", which
term shall include the owner(s) and developer (s) of the property, and their heirs, assigns and
successors.
2. The proposal shall comply with the special standards for a home industry in the Urban
Residential-3.5 (UR-3.5) zone, specifically paragraph 14.616.240 (4) of the Spokane County
Zoning Code, as amended, the general development standards of the UR-3.5 zone, the Aquifer
Sensitive Overlay zone, and other applicable sections of the County Zoning Code, as amended.
3. The applicant shall develop the subject property in strict conformance with the site plan of
record submitted on 5-10-00, a copy of which is attached to the staff report, except as required to
be moclified to comply with conditions of approval ancl developrrcent regulations. Any other
modification shall require submittal of a change of conditions application, for review and
approval by the Hearing Examiner at a public hearing. All aspects of the concept and proposal
shall be binding on the development, including proposed use.
4. The applicant shall submit a parking plan for the home industry, for review and approval by
the Division of Planning and County Engineering.
5. All parking for the home industry shall take place on site. Customer or staff parking on the
DeSmet Avenue right of way is prohibited. No moYe than five (S) customer vehicles may be
parked on site at any time.
6. The applicant shall provide an adequate turnaround on the site for customer vehicles
accessing the site from the DeSmet Avenue right of way. The tuYnaround shall be accessible at
all times, whether the business is open to the public or not, so that customer vehicles do not park
on the right of way to access the home industry or to view site improvements. The applicant may
take measures to restrict parking of non-customer vehicles on the site during school events at
Centenniczl Micldle School.
7. The entire north bounclary of the site shall be screened by a 6 foot high sight-obscuring
fence, east of the access into the site from the DeSmet Avenue right of way.
HE Findings, Conclusions and Decision CUE-9-00 Page 12
.
~
8. No outside displays, other than those fl1ustrated on the siteplcrra of t'ecord, are allowed on
the site.
9. The applacant shall cantact the County Division ofBuilding and Code Enforcemenr
regcrrdartg barrr~rfree handicap requirernents associated with tlze shop, and comply with any
pplicable requirements.
a
10. The applicarat shalI remowe the portable toiTet currently placed on the site.
11. ~f a garhage dumpster is usedfor the home inrlustry, it shald be .stored on site in compliance
wiLh the starage stcrndards of the UR-3.5 zone, exeept as otlxer-wase requared for garbage pick-L~,p.
12. Sigxagefor the home industry shall comp1y with paragr~~~ 14.61 6.240 (4)(~) of the
County Zoning Code, as amended.
11 Dn1y members of the farnily resading on the site, and no more tlzan two (2) errzployees of the
family residtng ort the sate, may be engaged irt ihehome inclustry.
14. TYhe cxpplicant shall comp~y with the abave condition,s of approvcrl immediately, eaccept thcat
the applicant shall have a period of forty-fave (45) days ta install an adequate turnarvund within
the site for customer -vehicles, extend the sight-obsc~~~~gfencfng along the north property lir~e as
requared above, anc1 comply with barrierfree requirements.
15. The Division of Plarming shall prepare ariti recard with the Spokane Cv-unty A.uditar a Title
Natice, -noting that the property in question is subject to avariety of special cotiditaons ianpased
as a-result of approval of a land use action. This Title Notice s'hall serve as public notice of t.h.e
condi-tians of approval affecting the property in question. The Title Notice should be recarded
within the same tirrie frame as a1lowed for an appe~l and sha11 only be released, in fizll or in part,
by the Divisian of Planning. The Ti#le Natice shall genera11y p;ravide as follaws:
"The parcel of propearty legally describetl as [ j is the subj ect of a land -use action by
the Spokane County Heaxing Examiner on Octabe,r 9, 2000, imposing a variety of special
development conditions, Fi~e No. CUE-9=00 is available for inspectivn and copying an the
Spokane Courrty a7ivis2on ofPlarning."
SPOKANE COUNTY DIVISION (3F BUILDING AND CODE ENFORCEMENT
'I. The praximaty a#'the building to the property line rnay require alterations to the exterior wa1ls
to meet Uiiiform Fui.lding Code requirements.
SPOKANE COUNTY DX'VIS'x#]N OF;ENGX~~~RING AND RC]ADS
Prror ta release of a building perrnit vr use -of the propertv as pruposed;
1, I"he applicant proposes to access the proposed site using Desrnet Avenue, which is anon-
mraintained public right of way. Withi~ thirty (30) days, the applican.t sha11 execute a Spakane
County Notice to Fublic No. 4, to allaw access across the non-maintained public right ❑f way.
This may necessitate pavang ar other surfacing of'the right of way.
~E Findings, Canclusions and Decision CT TE-9-00 Page 13
~
2. An approach permit shall be obtained from the Spokane County Engineer prior to the
construction of any new driveway approaches. This must be done prior to the release of a
building permit.
3. Within thirty (30) days, a parking plan and traffic circulation plan shall be submitted and
accepted by the Spokane County Engineer. The design, location and arrangement of parking
stalls shall be in accordance with standard engineering practices. Paving or surfacing as
approved by the County Engineer will be required for any portion of the project that is to be
occupied or traveled by vehicles, absent application for and approval of a waiver from such
requirement under applicable regulations.
4. Future expansion of the proposal may warrant additional traffic information and/or road
improvements.
5. No construction work is to be performed within the existing or proposed public right of
way until plans have been accepted by the County Engineer and a permit has been issued by the
County Engineer. All work is subject to inspection and approval by the County Engineer.
SPOKANE COUNTY DIVISION OF UTILITIES
1. Any water service for this project shall be provided in accordance with the Coordinated
Water System Plan for Spokane County, as amended.
2. Stonnwater Utility: Any additional runoff generated from impervious surfaces shall drain
to grassed percolation area swales.
SPOKANE REGIONAL HEALTH DISTRICT
1. The sewage disposal method shall be as authorized by the Director of Utilities, Spokane
County.
2. Water service shall be coordinated through the Director of Utilities, Spokane County.
3. Water service shall be by an existing public water supply when approved by the Regional
Engineer (Spokane), State Department of Health.
4. A public sewer system shall be made available for the project and individual service
provided. The use of individual on-site sewage disposal systems shall not be authorized.
5. The use of private wells and water systems is prohibited.
SPOKANE COUNTY AIR POLLUTION CONTROL AUTHORITY
1. All applicable air pollution control regulations must be met.
HE Findings, Conclusions and Decision CLJE-9-00 Page 14
~
DATED this 9u' day of October, 2000.
SPOKANE COUNTY HEARING EXANIINER
Michael C. Dempsey, WSBA #8235
N0TICE OF FINAL DECISION AND NOTICE OF RIGHT TO APPEAL
Pursuant to Spokane County Resolution No. 96-0171, the decision of the Hearing Examiner
on an application for a conditional use permit is final and conclusive unless within twenty-one (21)
calendar days from the issuance of the Examiner's decision, a party with standing files a land use
petition in superior court pursuant to chapter 36.70C RCW. Pursuant to chapter 36.70C RCW, the
date of issuance of the Hearing Examiner's decision is three (3) days after it is mailed.
This Decision was mailed by Certified Mail to the Applicant, and by first class mail to other
parties of record, on October 9, 2000. The date of issuance of the Hearing Examiner's decision is
therefore October 12, 2000, counting to the next business day when the last day for mailing falls on
a weekend of holiday. THE LAST DAY FOR APPEAL OF THIS DECISION TO SUPERIOR
COURT BY LAND USE PETITION IS NOVEVIBER 2, 2000.
The complete record in this matter, including this decision, is on file during the appeal period
with the Office of the Hearing Examiner, Third Floor, Public Works Building, 1026 West
Broadway Avenue, Spokane, Washington, 99260-0245, (509) 477-7490. The file may be inspected
Monday-Friday of each week, except holidays, between the hours of 8:30 a.m. and 5:00 p.m.
Copies of the documents in the record will be made available at the cost set by Spokane County.
~
HE Findings, Conclusions and Decision CUE-9-00 Page 15
` r
ENGINEEI~-o"k EMENN' SHEE'r
F'►ojcc! Statu:: Activc ~ dft r
As duilt f'lans Ra:eiveci Conditional Use File CUE-0009-00 -ao
K.-,:id Pians Approvc(l CarTrpanian Filc::
Vrv, lti-JC1 St:;n-l:i,ds 5-15-95 MyUr IZC13tct! 1'il4s:
llcuring: Building [7rpt:
T:ihnocal Rcvic;w:
Pnlimmary Rcvicw: 06101/2000 Typr: ScM:iiuled Tor Lnrgc 1.01 ~ 131dg. Squurc Eeet
[)ate RcLeivecf- 05117/2 000 Nu. I.ots: No. Acres:
Project Namc HONiE P.ITDUSTRI"1'4'ATER CARDENS BLl1E TKIS WATER GARUENS
tiilr AdJirss S. BUONE.1`. ('ATALLK 1. W. UC)R`. 1= 1:I I A,
-apPlicant Itangr-Tawnship-5cction: 44 - 25 - 18 N:\RCEt.(S): (first 20)
Terrncc t) & f:athl.cn L'Phon;pson Oindiuais Mailcd: 451 R2.(I814
Fluud Zonc Nu
SUOi L. Cat-ildu Watr.r Source Public
SWt)KANE. WA 99212-
Scwtr Sctiurct
f'nune Fax Schooll)ist 36.1
(401)1424-6974 l50U)2-2R-97U3 fircl?ist 1
t;09) 625-7740 Phone Mst
Ovrnrr
Tc-rence p& KuthIcrn L Thompum
hcn,.; r. Cataldo
SP0k:%Nr, •~V-\
f'n„nr ta~
i `u`)) 924-b')..A.
~SU7~~lflvl }'ll LUIItJ4t.
I)ate Submitted DescriQtion Initial,
L•n~ Nced'Trchnicaily ('omplctc Eng Nrcd liamarJ [W Mitigntiun
C7 t Nccd Ihuinngc f'laiu L'ng Nrrd 7rafrc Analysis 1;:;, N«;; +_'t~~:1
t=ng Agrcc I'ay rees Recrived f:ng Final Plat Fees C'amplctcd
Gng Agrre 1'ryanty I'L'eS KCCClvcd OSlI l r2fHk) ~..ilg PrClltil PIaI FCCS C4RtpIClelI
, Naticc tu ('i:i,ii•_ ~ ? : , i .rtii~_t:..! - r \cr,~,, t,, t,~ ,~_r,~:1
l~~:; r.^ ~:s:~•i, l~.:t: ~ _a ,
. i .
n yuunties or
' Jrainagc itom calcutatcd
Flearrng I)atc t.hc;,iun App Ihn Canci Appid 13(:C
Appcalcd to t3CY' i)e.:isian App Dert Cund Appid Court
Arpeaicd to Cuurt Dc; isian App Ucn Cond Appld
Stumpeci Mylurs to ScO'ctsry (Sancty)
~ Stampcd 208 I_c-t Ptans tc Scc:rctnry (Sundy)
. - ~ ~
SI:tIIIJ ENGINEER'S r:E~'~E~V SHEE'I'
:l'[IYC
AS Built Pians Rccei,'ed Conditiooai Use Fiie CUE-0009-00 -oo
Raaa Plans Appivvcd
Campantan Ftics:
Nr« ftaad Standarcis 5-1 "Ja5 M} iar = Relutcil Filrs:
flcaring: 09/0612000 09:00 l3uiiding l7cpt-
i cchnical Review•-
Prcliminary Iteview: 06101 f2finU Typr: Schcdulcci For l,arge (..ot C~ Btdg. Syuurc fcct
i)ate Rcccivca: 051170-004 No. [.ots: Nfo. Acms
Nroject Name HOME INDUSTRY WATER GARDENS BI.UF, [RIS WATER GARDENS
Site Address S. BOONE. N. CA1'ALiX). W. UORN, E. t:Li.A,
Applicaat Rangr-Township-Scctiun: 44 - 25 - 18 PARC EL(S): (first 20)
Tc-rencc D& 1CalhlcLn L Iliumpaon C'undition5 Mailcd: Z:L5_0 =151 K2.()K14
Flooa Zonc No
8U03 t: Cawido Water Source Public
5('OK.RNL',WA 99212-
Scvvcr Saune
Phvnc F" Schoul Dssl 363
(509) 924-697-I (509) 228 .970 1 Hirc [list 1
151 Ik!'I 1,?i_7'.:11 PliCN1C D151
llwncr
l'rrrncc U& Kathlccn E. Thompson
8(f03 E. Cataldn
SPOKANE, WA 992I2-
►'hone fax
00) 924-6974 (509) 228-9703
(409'I 6?4-; ;30
I3uilding ['h: 477-3675 ! I'lanning Ph. 477-:.'-'W Cuntact. DF-ANNA WAL iEIt
Date Submittui Description Initials
L-ng Netd Technically Complete Cng Nccd Ii:uti•ard Rd Mitigatinn
Eng Need Urninage E'lans Eaig Nccd 'fraftic Ana}ysis Eng Need Other
Eng Agrec Pay fccs Rcceived Eng r-inal P1nt Fee.s Gampletcd
Copy to Accpunting
Eng Agrr.r I'nurity fccs Rcccivel 05l1112000 F.ng Frrlim Plrt Hcc3 Camplcted
• , hotice to Public ! Noticc to Puhlic # 1 3 4 b Complctcd - ar Ntrds tu br signrci
t)rsEcn L)e, inuun W:ra dr-<lUt'i
i
o quanncs rot
' drainagc icem ca.lculatcd
Ficaring Ratc Dccision App Dcn ('and rlppld E3C~(;
Appealed to 8CC Deeision App Uen Cond Appld C'ourt
;'Appcalcd to C'uurt Lkcision App Dcn Cond Appld
titamped Mylars to Sccnta+ry (Sandy)
St:iniprit 201 I11 Plans to ScrrcWry ISandyl
- ~ - ~ - ► °
~ -eA -
r~',l rc~. u14
, r
V' ',~.'_L~1 1' S-~Ys:~'!lr~~~ ~''..1•' ~ , ~ ' ~ ^ ~ I ' ~ , i 'l ~ ~t'! /~1!
~
~ ~ • `f J .
.a
' • ~ /
~
STAFF REPORT TD THE HEARING EXAMI NER
. FILE cuE-9-00
DMSION OF PLANNING
spowel coul\uy
HEARING DATE: September 6, 2000 @ 9:00 a.m. FILE CUE-9-00 PRO]ECT PLANNER: Deanna C. Watter, Associate Planner
PROJECT DESCRIPTION: Conditional Use Permit for a home industry to allow a pond and
water garden business, Blue Iris Water Gardens, from an existing detached accessory structure
in the existing Urban Residential-3.5 (UR-3.5) zone pursuant to Section 14.616.240(4) of the
Spokane County Zoning Code.
Proiect Data
Project Location: Generally located north of and adjacent to Cataldo
Avenue, and south of and adjacent to Desmet
Avenue approximately 300' east of Ella Road, more
commonly known as 7910 East Desmet Avenue
(business address) in the NVN of Secfion 18,
Township 25 North, Range 44 E.W.M., Spokane
Coun y, Washington.
Parcel Number s : 45182.0814 &.0919
Owner/Appllcant: Yer+ence D. & Kathleen L. Thompson
8003 East Cataldo
Spokane, WA 99212
509) 924-6974
Com rehensive Plan Desi nation: Urban Cidential-3.5 Zonin : Urban (UR-3.5)
Existin Land Use: Single family residenaal
Surroundin Zonin and Land Uses: • North: Urban Residential-3.5 (UR-3.5) established in 1991.
Land use to the north of the site consists primarily of
single famify residences and one duplex immediately
north of the detached structure in which the proposed
business will operate. Lot sizes vary between 12,200
and 28,750 square feet
• South: Urban Residential-3.5 (UR-3.5) and Urban
Residential-22 (UR-22), both established in 1991.
~ ; ~ - _ - - . - - The parcel directfyy south the proposal, across and
- _ ~ 'LL' - adjacent to Cataldo Avenue contains Park Place
Apartrnents on approximately 6.5 acres af land. Land
' - use to the southeast of the site consists of single
family residences and lot sizes are approximatety
11 760 square feet each.
• East: Urban Residenbal-3.5 (UR-3.5) established in 1991.
Land use to the east of the site consists of single
familY residences and lot sizes vary from 14,700 to
cuE-4-oo
Staff Report - Sepiembef 6, 2000 Hearing
1 of 7
T ~
2.1,780 squar$ feet. Three Ivts imrnediatefy east artd
nor#heas# of the site are currendy vacant
- • '4''U'est; Urban Residentia{-3.5 (UR-3,5) estabfished in 1951.
Lan+d use to the west o# the site consis#s Qf singae
. fiamilyr residences ta EIla Road and lnt sizes vary
: . between 10,500 and 19,700 square fee#. Centennial
- : - Middle Schoal is lvcated west of and adjacen# to ECla
Rvatf.
Knawn Land Use Froposais and Recent Land use actions within % mile of the subject site and
Pr+aject Approvals in the Area of this south of 1-90:
Rroject: . , _ gU~-5-99, a Gonditional Use Permit #or a lawn
mower repair business located southwes# of the sifie,
west a# and adjacent ta Park Road. Project approved
September 9, 1999, subj'ect #o canditions.
- ZE-01A-71, Change of Conditions #or the
' . _ develapment of office buiidings in the exisking Urban
: Resadentiai-22 (UR-22) zone. Located west of the
° _ site, norkh af and adaacent to Braadway Avenue.
ZE-23-00, a zone reclassification from Urban
Residential-3.5 (UR-3.5) to Urtan ResidentiaE-12
, . . _ _
, - ' (UFt_12) located soufiheast of #fie site, south of and
-
adjacent to Broadway Avenue. Thss is a pending
application.
. .
SP-1144-971ZE-31-97, a zone reclaSsification fram
Urban Resid+ential-3.5 (UR-3.5) t+a Urban Residential-
- 12 (UR-9 2) an+d a short plat to divide .65 acres intu 4
for residential use. Lvcated south of the site, north of
; ,
~►~venue. Final short plat
- m_- and ardjacent to Alki
~
u .
'
Tecorded of1 Mafch 23,1998.
SP-1 205-99, ashort plat #o d'vide 1.33 acres into 4
Iots f+ar residenfiaf use in the Urban Residenbal-3.5
(UR-3,5) zone. Located south af the sfte, west of and
adjaeent #o Gick Road. Preliminary appraval granted
November 5, 1999.
Land:Diviston Status: The subjec# Rroperty was inifiially #hree (3) separa#e
parcels in Finrefli Adc#6fion, recorded in 1954. A lot
line adjustment in 1999 (CE-398-99) segregateci a
.
. . . detached garags structure, naw used as the business
-site, frorn the r+esidence locateci at 1028 North El1a
Raad. T~ safisfy the applacation requirement fbr the
structure to be on the sariie ~arceI as the primary
eesidence, the apRlicant has aggregated the two
rernaining parcels (CE_120-00),
Water Purveyor: The property► is served b~ Spokane County Wa#er
Di.~tric+1 No. 3. WaLer servjce is avaida~le to tI ie siter
~x~stin~
however not cu~+~n
';vuraeP~po~ : The residence vn t~~rop+~rly is cor~nectiFtv the
_
public sewer system. The det.ached shop 1s no#
currenfty senriced by either publFc sewer or a private
sepbc sysiem, If re~ulred, the st~+~p may be ser~rir,,e+d
. . . frar~ the resider~ti~ sewer conneetion at Catafdo
Avenue for the applicant`s residence, per Spokane
. +Caun Uli ipes.
Fire District _Spokane ounty Fire Prot~cton 5isc# 1# provictes
fire protection to the site.
Nearest Arterial and Distance: The suhjec# property is lacated 1 bl+cck nor#h of
Broadway Arrenue, iden#ified as a Countyr Principal
Arteda1, and 2 btocks wes# v# 'Vista Raad, idenflfied
CuE-9-oU
Staff Report - September 6. 2000 Hearing
2 af7
, . .
as a Coilector Arterial in the Spokane County Arterial
Road P(an.
Neighborhood Assaciation: None identified
• This proposal Is located inside of the Interim Urban Growdh Area (IUGA).
• This proposai is located inside the Publk Transportation Benefit Area (PTBA).
GMA/Critical Areas
Aquifer Recharge Area: The subjeci property is located within the
Priority Sewer Service Area (PSSA) and the
Aquffer Sensitive Area (ASA) Overiay Zone.
Fish & Wildlife Habitat Conservation Areas: None illustrated on the Spokane County
Critical Areas Maps.
Ftood lain: Not ap licable
Geologically Hazardous Areas: None illustrated on the Spokane County
Critical Areas Maps.
Wetlands: None illustrated on the Spokane County
Criticcal Areas Maps.
SEPA
A Determination of Nonsignificance (DNS) was issued on August 18, 2000, with a comment period
ending on September 4, 2000.
No 'cin
Published: The proposal was published in the Legal Notice section of the Spokesman Review on
August 18, 2000.
Mailing Deadline: The deadline for noMying property owners/taxpayers on land within 400 feet of
the proposal was August 18, 2000.
1724 Comp,liance Dates
Application Accepted (Counter Complete): May 10, 2000
Technically Complete / Determination of Completeness issued: July 10, 2000
Date Notice of Decision is Due: November 10, 2000
Reviewing A enci
9agencies were notfied on May 17, 2000. Agency comments were due on June 1, 2000.
Agencies Notified Response Date Agencies Notified Response Date
Received Received Received Received
Spokane County Oivision Yes 5/31/00 Spokane County Fire Yes 5130/00 &
of Engineering, Protection District #1 6/9/00
Transportation
Spokane County Division ~ Yes 5/22/00 Spokane County Water Yes 8/30100
of Engineering, District No. 3
Development Services
Spokane County Division ~ Yes 6/2l00 8 West Valley School No
of Ualities 715J00 District No. 363
Spokane County Division Yes 611100 Spokane Regional Yes 6/5/00
of Utilities, Stormwater Heafth District
Utility
, I F Spokane County Division Yes 5/19100
of Building and Code I
Enforcement
CUE-9-00
Staff Report - September 6, 2000 Hearing
3of7
f ~ # • ' ~
1 ~ •
AQency Comments:
Comments received are general in nature and in the form of recommended conditions of approval. The
Spokane County Division of Engineering and Roads is requesting that a parking and traffic circulation plan I
be submitted for review and approval.
Ress..ponses from tfie PubliC.
One public comment has been received. The letter submitted was in opposition to this project and cited
numerous concems, both project and non-project related, including maintenance of Desmet Avenue,
portable restroom currently located on site, and parking/traffic circulation on a 25-foot wide public access.
In response to the concem regarding the availability of sewer to the site and location of an off-site sepdc in
relation to an existing well, Spokane County Utilities has indicated that an extensiOn from the existing
residence would be approved for service to the shop (approximately 265 feet). The existing well that
services the shop is located approximatety 50 feet west of the structure with an easement, on an adjacent
parcel of land under the same ownership. The septic and drainfield for the adjacent lot referenced above is
located west of the residence, in the front yard of 1028 North Ella Road.
Descri ~on of the Site:
The subject property is approximatefy .96 acre in size and contains an existing single family residence with
attached garage and a detached structure currenUy being used for the business. The site is accessed from
both Desmet Avenue and Cataldo Avenue. The site plan illustrates the existing residence to be
approximately 825 (main floor) square feet in size and the accessory building/shop to be approximately 1000
square feet in size. Buikiing permit records were reviewed, but it is unclear when the detached structure
was constructed. The Spokane County Assessor indicates that the shop was built in 1972 and the
residence of Mr. 8 Mrs. Thompson in 1975. The detached structure/shop was originally associated with
1028 North Ella Road as a garage, but as a resuft of a minor lot line adjustment (CE-398-99), was
aggregated with the residence of the applicants. The shop dces not currentiy have resVoom facilities
available, atthough Spokane County Utilities has indicated that they would approve a sewer extension from
the applicant's residence at 8003 East Cataido Avenue. The rear yard is enclosed by a six (6) foot high
partial cyclone and partial sight-obscuring fence. The subject property is landscaped with ponds and sitting
areas, also used as display for the business. The portion of property being used for the business is
graveied and has adequate space for any required par{cing. The applicant is currendy operating "Blue Iris
Water Gardens" from the detached structure located at the rear of the property, near Desmet Avenue.
Surrounding uses include single famify residences on similarfy sized lots with an elementary school bcated
to the west of the site on Ella Road.
Backqround:
The applicant was notified during a violation inspection of an adjacent property that the existing Blue Iris
Water Gardens business was a zoning violation and advised to apply for a Conditional Use Permit for a
home industry. The application for the proposal was submitted on May 10. 2000, and was deteRnined to be
technically compEete on July 10, 2000. The Noticce of Applicabon was circulated on July 21, 2000, and re-
mailed on August 15, 2000 because 5 properties within the 400 foot radius were inadvertently missed in the
first Notice of Application mailing. The applicant has stated that the proposed Home Industry consists of
sales and demonstrations of water garden/pond related items. A detached structure previously associated
with the residence at 1028 North Ella Road has been converted from a garage and is currently used for the
business. The structure may require a Change of Use permit through the Division of Building and Code
Enforcement if the proposal is approved. The applicant also states that the business employs only one
person not living on the premises, Mr. Thompson's sister.
Site P(an:
The site plan submitted by the applicant illustrates an existing residence and attached garage, and a
detached structurelshop. The applicant has stated that the proposed Home Industry currendy takes place
within the shop. Spokane County Assessor's records identify the size of the existing home as approximately
825 square feet and the detached shop as 1040 square feet The site plan illustrates the size of the existing
shop to be approximateiy 1000 square feet. The rear yard of the subject property is mostly screened from
CUE-9-00
Staff Report - September 6, 2000 Hearing
4 of 7
, , .
the view of adjacent properties by an existing six ~(6) foot high sight-obscuring fence. A portion of the fence
at the northwest corner of the property is cyclone. TAe site plan illustrates a gravel parking area located in
the rear yard.
Staff Analvsis:
Comprehensive Plan:
The site is located within the Urban category of the Comprehensive Plan. The Urban category is intended to
provide the opportunity for the development of a"citylike" environment which includes various land uses,
intensive residential development, and public facilities and services. The Urban category states that the
more intensive uses such as light industrial and neighborhood commercial should be located near the
heavily traveled streets, with the less intensive uses such as residential isolated from the noise and traffic.
The Urban category indicates that buffering, screening, or other performance standards may be required to
make potentially conflicting land uses compatible.
Decision Guideline 1.1.4 states that "a variety of residential uses should be available to provide a freedom of
choice to live in Urban areas with varying densities, combinations, or mix of uses.°
Objective 1.1.i states that u Home occupations may be allowed provided they are non-disruptive of
neighborhood amenities" and is followed by;
Decision Guidelines 1.1.7 which lists criteria to be considered prior to the approval of a home occupation.
These criteria state that a proposed home occupation will not disrupt surrounding residential amenities,
create traffic which exceeds the capacity of the surrounding road systems, or negatively affect the intended
uses of the Urban category. The proposed Conditional Use Permit for a Home Industry is consistent with
these criteria in that the use does not affect the surrounding residential uses, does not create a traffic impact
and will not affect the recommended uses of the Urban category.
Decision Guidelines 1.5.1 and 1.5.2 require the use of buffering to mitigate the impacts between proposed
and existing uses. The site currently contains fencing and large yards befinreen the proposed use and
structure and the surrounding residences.
Decision Guideline 1.6.1 states that before land use proposals are approved they should conform to County
plans addressing public water and sewer, and to traffic plans. The site is currently served by public water
and sewer and the proposed activity should not affect existing transportation plans based on the applicants
statement that an average of approximately 4- 5 customers visit each day. The Spokane County Division of
Engineering and Roads is requesting that parking and traffic circulation plans be submitted for review and
approval. -
The Urban category does not specifically recognize a Home Industry, however, a Home Industry is similar to
a home occupation and is an allowed use in the Urban Residential-3.5 (UR73.5) zone provided the applicant
applies for and receives a Conditional Use Permit.
As proposed, the application for a Conditional Use Permit for a Home Industry is consistent with the Goals,
Objectives and Decision Guidelines of the Urban category of the Comprehensive Plan.
Zoning Analysis:
The proposal is located in the Urban Residential-3.5 (UR-3.5) zone and the purpose of the Urban
Residential-3.5 (UR-3.5) zone is to implement the lower density range of the Urban category of the
Comprehensive Plan. The intent of this zone is to promote areas of primarily single-family residential use in
an urbanized neighborhood setting, having a high level of public services. A Home Industry is an allowed
use in the Urban Residential-3.5 (UR-3.5) zone provided the applicant applies for and is granted a
Conditional Use Permit and demonstrates compliance with the Conditional Use Permit criteria of the
Spokane Counry Zoning Code. Sections 14.404.101 and 14.616.240(4) of the Spokane County Zoning
Code identify the criteria goveming the approval of a Conditional Use Permit for a Home Industry.
CUE-9-00
Staff Report - September 6, 2000 Hearing
5 of 7
a
• y ~
Section 14.404.101 of the Zoning Code stpWs that before a Conditional Use Permit is approved, the Hearing
Examiner shall find that 1) Adequate conditions and restrictions are attached to the development of the
property to ensure that the proposed use will be compatible with uses permitted outright in this location; and
2) The special standards as ouUined in the Zoning Code for the underlying zone shall be met.
Review of the proposal's compliance with the specific development criteria for a Home Industry as
identified in Section 14.616.240(4) is as follows:
• Section 14.616.240(4)(a): The property shall retain its residential appearance and character;
Response: The subject property is a large residential lot that is landscaped and maintained. The existing
use occurs in an existing detached shop located in the rear yard, accessed via Desmet Avenue, and
buffered from adjacent residences because of its location and existing fencing. The applicant appears to
have a gravel parking area for customers located on both the east and west sides of the detached shop.
• Section 14.616.240(4)(b): The use shall be carried on in a primary residence or may be allowed in
accessory, detached structures which are not, in total, larger than two (2) times the gross floor area of the
primary residence;
Response: The applicant has stated that the Home Industry will be carried out in an existing detached shop
structure that is identified on the site plan as a"shop." County records approximate that the gross floor area
of the primary residence is 825 (main floor) square feet and the Spokane County Assessor's records
indicate that the existing shop is approximately 1040 square feet in size. The existing detached shop is not
larger than two (2) times the gross floor area of the primary residence.
• Section 14.616.240(4)(c): Only members of the family residing on the premises, and no more than two
(2) employees outside of the family, may be engaged in the Home Industry.
Response: The applicant has stated that only members of the family residing on the premises and no more
than two (2) outside employees will be engaged in the proposed Home Industry.
• Section 14.616.240(4)(d): One (1) sign identifying the Home Industry shall be unlighted and may be
attached or detached and shall be a maximum of four (4) square feet on a face.
Response: There are no proposed signs illustrated on the site plan or currently existing on the site. The
applicant is aware that one sign may be installed subject to the standards set forth above.
' Section 14.616.240(4)(e): Window or outside displays may be allowed as approved by the Hearing Body.
Response: There are no proposed window or outside displays.
• Section 14.616.240(4)(t): There shall be no stock stored nor commodity kept for sale on the premises
which is not necessary to the occupation, profession, or craft.
Response: The applicant has not proposed any items to be stored on the site for sale which is not
necessary to the proposed Home Industry. All items currently in the "shop" are consistent with the proposed
use/business.
• Section 94.616.240(4)(g): All material or mechanical equipment shall be used in such a manner as to be
in compliance with WAC-173-60 regarding noise.
. Response: No physical measurement of sound levels have been taken which indicate noise levels do or do
not exceed the 55 dBA limitation as required by WAC 173-60 for residential properties. The application does
not state that there will be any mechanical equipment used in carrying out the proposed Home Industry.
• Section 14,616.240(4)(h): Parking, traffic, and storage requirements shall be as approved by the Hearing
Body.
CUE-9-00
Staff Report - September 6, 2000 Hearirtg
6 of 7
I • _
, _ ,
Response: Section 14.404.102 allows the Hearing Examinerto attach additional restrictions and conditions
to make the proposed Home Industry compatible with adjoining land uses. Spokane County Engineering is
requesting a parking and traffic circulation plan, as conditioned, if approved.
• Section 14.616.240(4)(i): All storage areas shall be enclosed or completely screened from view by a
maximum six-foot high sight-obscuring fence meeting accessory use setback requirements.
Response: The applicant has proposed to store business related items within the existing shop.
Summary
As proposed, the Conditional Use Permit for a Home Industry meets the minimum criteria as listed in Section
14.616.240(4) (a-i) of the Spokane County Zoning Code, is consistent with Urban category of the
Comprehensive Plan and is compatible with adjacent land uses.
Attachments:
A. Maps
• Vicinity Map
• Site Plan
• Zoning Map
• Comprehensive Plan Map
B. Conditions of Approval
C. Agency and Public Comments
CUE-9-00
Staff Report - September 6, 2000 Hearing
7 of 7
•
. _ ,
ATTACHMENT A
MAPS
VICINITY MAP
SITE PLAN
COMPREHENSIVE PLAN MAP
ZONING MAP
maP
, ~;~rn►~y
Y~
~j ' •
c L, -
~
~ysl~ ~ 3~j 5_ ~ •
t
o `
3 7
0
~
e
~ ~ ~ Missio ~ r
► ~ ,
M~~ n
. ` ~ $into
1.0, V ~ ~ • ~
■ ~ ~ ~Catald4 7 A'
~ Z -
w Y 1 - Z ~ ;Nsin
t,c9 ~
otan ~~Snecm
c 13
~ S~ r
• ' ~.n~~~~~~~~~ ~ ~
x~~.~icSe
$ ~ '
S `
E
19
► ~ ~ ~ 1 20
l ►
-
. '
-
v►66ty, M~P
c ► ~ 07107100
~
S~ale "n
154Q ft
CU-~'~~
'~.0Site Plain
~
~
l-
~
n o
n
p ~5 ►'s'' Q~1 G E ~
rA w en `O 3 n!?jtf `
'ic■.S"' ~ - ~ ~ ~
r 3 ~ O a
CC- .
~ ,~~~•~?b , c9
~{y ~~-T ~~~C ` 1Il
,
8 cl k
t*z
1 Y
ft 0,1
v !rA ` . ~ ~
. - J•A P/i^j
~i,~► i~~~'7Z ~
~ ulAtL n-
----~;J
► .
~
r -.a► ~ f Y
i
1 C: A~` ~~LS ~ ~jCa
_
-
~
~
~ Plan
o5n5/oo Sice
y
I
~
~ r .
CUE V yI~ o O t
1
Comprehensive Land Use Plan
~
1 I o~
- - r ► u~ . ~ ~
. i i
1~! ~ ~n• p ~ O
- ~ ~
- I ~ IAUWS$f
[M[L7J_
1 ~ I u C~ I~ I~
~Lu u - -
~
~c
owe
_ ~ , _
AT
AY ~d
I ~
~ ~ ~ aIIA1n~.~ D C ,
LMa~
r ~
L1 ist v y A
0 Vl Q~ CD
~
[BEE~~~
~ .
Scale :1 inch - 1250 ft 07/07/00 Comprehensive Land Use Plan
Subject Property wiihin IUGA. A-A a- - Subject Property within UTA.
a~ Subject Property within PSSA. Subject Property within ASA.
a
CUE-09-00 '
Existing Zoning
~ ~ -
~
UR U ~ .517
F 1 72
R-3.517154 ~ - - R-3 51~~
07
- -
-
6-1 76 57 LR'3 5 56 59
UR-3. r 59 I ~
. U R-3.1 58 59 R-3.5 246 max . ....~W..._...
9 UR•J.5 5~ 59 I ~
- - R-3. ~ J ~
.
~ ,
- , -
. 56 59 UR._g5r66-6~ I UA"3:5 56 57 UR-3.9 56 57 MR-3.5 246
UR-8.6 55 59
U -3.5 56 9 ~
•2 205 79C
~
-A L
1-210180C 2101A 80
f~ -
DAi&U 3.5 56 5~ I 1 R-3.5 246
/ .
,s ~ n
~
.
cat
UR-3.5 56 59 alA o
~
UR-22171 C
UR- 3.5 56 59 LP R-3.5 246
- r ~
~ UR-22 66 79 l R-2212 90 fi-3.5 56
- U - 24 78 '
U 01A VC
2mtihirw ~r r _
- ~ ~
I U $
18 7 C UR- 2 84C ~R-8. 58 5~ UR-i21
-2 29 84C UR- .5 ~
I .9 U 8.5 44 48 UR-3.5 244 48
UR-7 48 71C UR-~.5 2 UR- 2 197
I I-2148 80C
~
I U R-1.5 2 ,~lld
-
j
Scale :1 inch - 400 ft 08I30/00 Exisbng Zoning -
~ ATTACMMENT B
CONDITIONS OF APPROVAL
. ,
a- - }
FZ~~~D~MIVt°EN:DED CON~DI1'IQNRS O~
l4i'PRov - FoR GUE-9-00
DIVISION OF PLANNING ~
spomI~ WI:1t~,TY
A 1. All conditions imposed by the Hearing Examiner shall be binding on the "Applicant", which
term shall include the owner or owners of the property, heirs, assigns and successors.
2. The proposal shall comply with the Urban Residential (UR-3.5) zone, specifically Section
14.616.240(4) and all other applicable chapters of the Spokane County Zoning Code, as
amended.
3. The applicant shall develop subject property in strict conformance with the site plan
presented to the Hearing Examiner on September 6, 2000. All aspects of the concept and
proposal shall be binding on the development, including proposed use. Variations, to be
approved by the Director of the Division of Planning/designee, shall only be allowed to
meet regulation standards and conditions of approval. Any other modification must be
presented to the Hearing Examiner for review and approval.
4. The Division of Planning shall prepare and record with the Spokane County Auditor a Title
Notice noting that the property in question is subject to a variety of special conditions
imposed as a result of approval of a land use action. This Title Notice shall serve as
pub(ic notice of the conditions of approval affecting the property in question. The Title
Notice should be recorded within the same time frame as allowed for an appeal and shall
only be released, in full or in part, by the Division of Planning. The Title Notice shall
generally provide as follows: The parcel of property legally described as Fiorelii Addition, south 140 feet of the
west 15 feet of Lot 3 and south 140 feet of Lot 4 except the west 75 feet thereof, and
Lot 4 Fiorelli Addition except the south 140 ft and Lot 7 Fiorelli Addition except
west 145 feet is the subject of a land use action by a Spokane County Hearing
Examiner on September 6, 2000, imposing a variety of special development
conditions. File No. CUE-9-00 is available for inspection and copying in the
Spokane County Division of Planning.
5. The applicant shal submit for review and approval a parking plan for Blue iris Water
Gardens.
ATTACNMENT C
AGENCY AND PUBLIC COMMENTS
X
{ , .
•
S~OKANE COtOVkANE REGIONAL HEALTH DISTRICT
ENVIRONMENTAL HEALTH DIVISION
JUN 2 9 9nnn Inter-office Communication
DltlISION OF pt-p`NNiNG
DATE: June 5, 2000
✓
TO: Deanna Walter, Associate Planner, Spokane County Current Planning Division
~ FR M:
O Donald T. Lynch, EHS II - EHD, SRHD
✓
SUBJECT: Proposed Conditional Use Permit: CUE-9-00 (Thompson)
1. References:
a) Map of subject, scale 1" = 50', by applicant, dated May 15, 2000, received by this office May 17, 2000.
b) Reconnaissance Geologic Map of the West Half of the Spokane QuadranQle, Washinaton and Idaho,
Allan B. Griggs, 1966.
c) Soil Survey, Spokane County, Washinjzton, Soil Conservation Service, U.S.D.A., March, 1968.
d) Spokane County, WashinQton, Engineering Interpretations, Soil Conservation Service, U.S.D.A.,
August, 1974.
e) Spokane County Rules and Re,gulations for Sewage Disposal Svstems, January 19, 1995.
fl Logs of water wells in Range 43, 44E, Township 25N, Sections 7, 13, 17, 18, and 19.
g) Map: Spokane N.E. Quadrangle, U.S.G.S., 1973, and Spokane N.E., U.S.G.S.,1973.
2. Findings:
a) This project lies over the Spokane-Rathdrum Aquifer.
b) The project is within Critical Water Supply Service Area #3 and within the service area of Spokane
County Water District #3. Water supply will be a public system.
c) The project is inside the Spokane County Comprehensive Wastewater Management Area, inside the
General Sewer Service Area, and inside the Priority Sewer Service Area recommended in the '201'
Study. The method of sewage disposal is subject to approval of the Director of Utilities, Spokane
County, pursuant to County Resolution 80.0418 adopted March 24, 1980. The topography and soils in
the area are generally suitable for use of individual on-site sewage disposal systems. The lot is not of
~
0
. -
the proper dimensions to permit the use of both an individual well and sewage system.
d) The project lies in a relatively flat area east of Ella Road and south of Desmet Avenue. Local
drainageways are insignificant.
e) Surface soils are classed by the U.S. Soil Conservation Service as Garrison gravelly loam with 0% to
5% slopes. They have a septic tank filter field limitation of slight. There is also possible
contamination of groundwater. This soil would be classified as a Type IV.
fl Geologically, the soils are glaciofluvial deposits. These geological structures generally yield moderate
to very large amounts of water. Data from wells in the area referenced in section 1 g shows they are
from 65' to 225' deep and have static water levels varying from 40' to 106' below the surface. The
Spokane County Water District #3 has indicated that it can supply domestic use water for the project
upon completion of agreements with the proponent.
3. Required (mandatory) Conditions If Approved:
a) Sewage disposal method shall be as authorized by the Director of Utilities, Spokane County.
b) Water service shall be coordinated through the Director of Utilities, Spokane County.
c) Water service shall be by an existing public water supply when approved by the Regional Engineer
(Spokane), State Department of Health.
d) A public sewer system will be made ava.ilable for the project and individual service will be provided.
Use of individual on-site sewage disposal systems shall not be authorized.
4. Recommended Conditions of Approval:
a) Use of private wells and water systems is prohibited.
c: Director of Utilities, Spokane County
c: Sponsor: TERRY & KATHLEEN THOMPSON .
8003 E CATALDO AVE
SPOKANE WA 99212
~ . _
~ , , • ` -
.
OFFICE OF THE SPOKANE COUNTY ENGINEER 1026 W Broadway Ave, Spokane, WA 99260-0170 (509)477-3600 Fax (509)477-2243 ~
SKWX.W. CCXKIY "ENGINEER'S CONDITIONS OF APPROVAL" CONDITIONAL USE PERMIT
TO: Spokane County Planning Departent -
. ~ c.~~ /~k~ FROM. Division of Engineering & Roads ~ .
DATE: May 31, 2000 PROJECT: HOME INDUSTRY WATER GARDENS
FILE CUE-0009-001 .
Review Date 06/01 /2000
Sponsor/Applicant: TERENCE & KATHLEEN THOMPSON
Section Township Range: 18-25-44 '
Pianner: DEANNA WALTER
TFie Spokane County Engineering Department has reviewed the above referenced application. The
following "Conditions of Approval" are submitted to the Spokane County Planning Department for
inclusion in the "Findings of Fact, Conclusions and Order/Decision" should the request be approved.
Prior to release of a building permit or use of property as proposed:
1. The applicant proposes to access the proposed site using Desmet Road, which is a non-
maintained public right-of-way. The applicant shall execute a Spokane County Notice to Public
No. 4, which will allow access across the non-maintained public right-of-way. .
2. The 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.
3. A parking plan and traffic circulation plan shall be submitted and accepted by the Spokane County
Engineer. The design, location and arrangement of parking stalls shall be in accordance with
standard engineering practices. 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
4. The applicant is advised that future expansion to the proposal may warrant additional traffic information and/or road improvements.
5. No construction work is to be performed within the existing or proposed Public right-of-way until
plans have been accepted by the County Engineer and a permit has been issued by the County
Engineer. All work is subject to inspection and approval by the County Engineer.
END
CC: Applicant TERENCE & <ATHL£EN THOMPSON
Engineer/Surveyor
Planner DEANNA WALTER
06/09/00 FRI 09:54 FA% 509 89" 4125 SPORANE VALI.EY FIRE DEPT 4-+4 PLANNING a002'-
. . P
- . :
SPOKANE VALLE"Y FIRE DEPARTIVIENT
' W Spokane Counly Fire Dlsffict l
10319 EAST SPRAGUE AvE. • SPOfCANE, WA 49206-3676 •(5M 928-1700 • FAX (509) 892-4125
R. Paa1 Humphrlea
- Chlot
June 8, 2000
Deanna Walter
Department of Building and Planning
1026 W. Broadway Spokane, WA 99260
RE: Conditiona! Use Pernnit
Cli E-9-00 .
Dear Ms. Walter: The Spokane Valley Fire Oepattment has no objection to the issuance of a conditional
use permit in this instance, Sincerei
- Kevin Miller Fire Inspector
KWdc
f - SPOKANE COUNTY WATEtZ DISTiZIC'(' No. 2i
P.O. Box 11187 • 5pokane, Washington 99211-1187 •(509) 536-0121 • FR9 ~3 760
SpS~K~! t~E C t~U N4- ~
AUG 3 U 9u010
DIl/lSlON OF PLAwNtNG
August 29, 2000
Deanna Walter
Spokane County Division of Building & Planning
1026 W Broadway
Spokane, WA 99260-0220 -
REF: CUE- 9-00 CONDITIONAL USE PERMIT BLUE IRIS WATER GARDEN
Dear Ms: Walter;
This letter is in response to your request for comments regarding the above action.
The Environmental Checklist supporting your DNS is misleading, as water service is
available, however, no public water service exists to this buildinglproperty.
If you have questions or need additional information, please contact me at (509) 536-0121.
Sincerely,
George F Deacon
Office Engineer
Z
. ~
, , _ .
To: Deanna Waiter (Current Planning)
CC:
From: Jim Red (Utilities)
Date: Friday, June 02, 2000
Subject: CUE-0009-00 Stage: Preliminary Phase:
CUP/home industry for water gardens
A001 Comment:
The Division of Utilities does not recommend approval of the proposal. The facility has an
unapproved sewer connection. There are no records that indicate the septic tank was abandoned
and inspected.
i
~
• r
• i
HUGg E.BooneH R~C~IVED
Spokane, WA . . 99212 gp0KANE COUNN
Augus$jg-, 2000
$pokane County Division of Planning P~~~~~1G
1026 w. Broadway Ave
Spokane. WA., 99260-0050
Project File Number: CUE-09-00 .
Property owner: Terrance D& Kathleen Thompson
E 8003 Cataldo. Spokane, WA
The address 7910:.:E. Desmet does not have a sewer::~:..hook-up; no public
water, only a well; has a septic tank and drainfield that is too close
together, (POLLUTION?) This 7910 E. Desmet is within 50 feet of a well.
Desmet Avenu~e; :~-is only 25 feet wide and is not maintained by county.
I own a duplex on this streets 7921 and 7923 that fronts on N. side of
Desmet and the county has told me for over 40 years they do not take
care of-i'ke street. I have takeri care of it. The house on the corner of N. Ella and E. Desmet owned by the Thompsons
is not hooked up to sewer as we and our neighbors were required to do.
They have a blue toilet for customers that does not belong in our
neighborhood; it is an eyesore. Also, have a large garbage dumpster on
Desmet Ave. which ob.structs street to our duplex. There is not room
for turn-around for trAffic without encroaching on my propertyi parked
cars block traffie. Tb&s impedes necessary traffic to my rentals.
The building at 7910 E. Desmet was used as a meth lab in 1997-1998 and
the authorities busted it (shown on TV news) Bnilding never was cleaned
up by proper authorita.es.
r
Sincerely,
- Hugh T. Smith
. ~ ~
. ~ ~
' SPOKANE COUNTY BUILDING CODE DEPARTMENT NUMBER H 3176
' Court House, Spokanc, Washington
M l1 .and ~ se or Structure Permit Property Address.._ 5~3~~!.."~~':...~~..~...:~~
I~b~t ~~0~"t1t~
.
Gro4.`.°.~`..... TypeJ one.~~C1~~►'~fi~...~Z~A Pernut for...F...1'ive.....ft..o1. .A
Ownei~L1;b.X,,..- Vilsm . ..........................................Address..,~„ ..'~'~~•-~;iC~.~~..~~p~~.................... Phone..i"..~(y0t~,. .
Architect ............................................................................Address.....:.............................................................:...........Phone............................
' Contractor. S O Address............................................................................... Phonc....................
' -Location..;;95421C'~,~. . . j~..~'~'~• ~••E►~' •~$~-~~~~~.•~~f.~..{~..~'~~. 4&St..;1y 1V..-~'~~~~;. .
•~~~6 ~-~4'~b • •~,~1~w .
, 0
u Bldg. Zone...1 . ....Fire Zone.... 3 .....Size of Lo~23~9A~.JOA .Sewage .....Stories.....3.
~ b Material.-•fVOU& Dimensions..~Ax4, O!......................Total Sq. Ft........ V40 Valuation.._$1_,=-.=
Rooms ........................................Basement ............Foundationsmutla Chimney........_Fireplace........Heatinng System....................
Miscellaneous
~
0
.
Certificate of Occupancy Issued for..~.b.~.'~8..f~~.~~. ~~...~d..~+'~-.•~'~~,~;~;.,~ •
• Remarks-FA, CH ...~~M~~SFIC210NO ...~cIm...;A
;
~
THiS PERMIT u graated upon the expreas conditon that the bwlding or taad we for which the permit u iasued shall coetorm in all respeeb to all the ordinances
of the County of Spokane, ngulatmg the constructioa, use and aaupancy of bwldings in Spokeae Countq, nnd mey be revoked ot aay time upon the violatioa of any o{ tLa
' provisions of said ordimnces, or failure of plans, as approved, to eomply with said ordinanccs.
j ~ In consideration of the issuana of the permit (ot the emtion o( sigm the grantee must place the aaid sign3 w6ere diretted bq County OlGciab and shall temove the
aaid ei at the expiradon of the permit unleas ngularfy renewed.
. jPhis permit will be good only for commencement of work within aix months, and tho entfre compietion thereof within.l..,;r
from this date; atter which time thfs permit will be void. Authorized by Building Official
. BUILDING CODE DEPARTMENT '
.~C-.".-.',~.
".~i~ . .1~........... By
~
-
Pernut Expires.ft' .
~ uva~R
Fee Paid $ Date:..~1-124.to..q
. , . _ DETERMINATIUhT OF - -
NONSIGNIFICANCE - "DNS" WAC 197-11-970 and Section 11.10.230(3) _SPOKANE ENVIRONMENTAL ORDINANCE FILE NUMBER: CUE-9-00 .
DESCRIPTION OF PROPOSAL: Conditional Use Permit for a Home lndustry to operate a pond and water
garden business, Blue Iris Water Gardens from an existing detached accessory structure accessed a public road,
Desmet Avenue.
HEARCNG DATE AND TIME: September 6, 2000 @ 9:00 a.m.
APPLICANT: Terrence D. & Kathleen L. Thompson; 8003 E. Cataldo Spokane, WA 99212, 5091924-6974
LOCATION OF PROPOSAL: Generally located north of and adjacent to Cataldo Avenue, and south of and
adjacent to Desmet Avenue approximately 300' east of Ella Road, more commonly known as 7910 East Desmet
Avenue (business address) in the NW'/4 of Section 18, Township 25 North, Range 44 E.W.M. Spokane County,
Washington.
LEAD AGENCY: SPOKANE COUNTY D1VlSION OF PLAiNNING
DETERMINATION: The lead agency for ihis proposal has determined that it does not have a probable siLynificant
adverse impact on the environment. This decision was made after review of a completed environmental checklist
and other information on file with the lead agency. This information is available to the public on request.
This DNS is issued under WAC 197-11-340(2); the lead agency will not act on this proposal for at least 15 days
from the date issued (below). Comments regarding this DiVS must be submitted no later than 5:00 p.m.,
September 4, 2000, if they are intended to alter the DNS. All comments should be sent to the contact person
listed below.
RESPONSIBLE OFFICIAL: By: Deanna Walter Title: Associate Planner
Spokane County Division of Planning
1026 W. Broadway Ave.
Spokane, WA 99260-0220 (509) 477-7200
DATE ISSUED: AuQust 18. 2000 . 2000 SIGNATURE: a caju~~L
CONIIVIIIVI'S REGARDING ENVIIZONNIENI'AL CONCERNS ARfi WELCOME AT THE HEARING.
APPEAL OF THIS DETERMTNATIOIY, after it becomes final, may be made to the SPOKANE COUNTY
DIVISION OF PLA~TNG, 1 st Floor, 1026 W. Broadway, Spokane, WA 99260. The appeal deadline is ten (10)
calendar days after the signing of the decision to approve or disapprove the project. This appeal must be wrifiten and
the appellant should be prepared to make specific factual objections. Contact the Division of Planning-1, to assist you
with the specifics for a SEPA appeal.
This DNS was mailed to:
1. WA State Department of Ecoloay (Olympia)
Spol:an, CQUntx Iaivision of Enaineering, Transportation EnginEerina; SGOtt EnuelYiard
3. Spokane ~ounty Division of Engineering, Development Services; Bill Hemrrmings
4. Spokane Counry Division of Utilities; Jim Red
5. Spokane County Stormwater Utility; Brenda Sims
6. Spokane Regional Health District; Steve Holderby
7. Spokane County Division of Building and Code Enforcement, Jeff Fom,
S. Spokane County Air Pollution Control Authority, Chuck Studer
9. WA State Boundary Review Board; Susan Winchell
10. Fire Protection District No. 1
1 1. West Valley School District
12. Spokane County Water District #3
13. WA State Department of Transportation; Mark Rohwer
• • . ounty Public orks,
Transp• • • • Section,
D • • ounty Eng •
Memo
To: Deanna Walter _ f
~ From: Scott Engelhard e; ~
Date: August 11, 2000
RE: CUE-09-00; Notice of Public Hearing
There are no changes to the comments submitted 06-01-00 for this proposal.
1
RECE VED
• AUG 0 9 2000
SPOKANE COUNTY ENGINEEA
~t•
S P O K A N E ~ 11, C O U N T Y
DtvI51oN oF PLAMNwG A DN15tON OF THE PUBUC WaRKS DEPARTMEM'
MiCH:%EL V. NEEDHANt, D[REC'TOR GARY OBFRG, D[RECTOR
NncNiouANDuNi
TO: Spokane Couflty Division of Fngineering: Scott Engelhard, c/o Sandy KimbaO
Development Engineering Services; Bill Hemmings
Spokane County Division of Utilities;lim Red
Spokane County Stormwater Utility; Brenda Sims
Spokane Regional Health District; Steve Holderby
Spokane County Division of Building & Code Enforcement; Jeff Forry
Fire District No. 1
Spokane County Water District #3
FROM: Deanna Walter, Associate Planner
DATE: August 9, 2000
SUBJECT: Review and comments for the hearing of September 6, 2000 6u. 9:00 a.m.
FILE CUE-9-00
DESCRIPTION: Conditional Use Pemvt for a Home Industrv to operate a pond
and water garden business, Blue Iris Water Gardens from an existing detached
accessory structure accessed a puhlic roaci. Desmct .'1N•enue.
STR: 18-25-44
APPLICANT: Terrence D. & Kathleen L. Thurlipson. 8(_ll)? F. C ataldo, Spc,kaile. WA
992 12; 509/924-6974
Note that the application and maps were previously circulated to your agency.
Please review and return any comments to me by August 23, 2000.
Attachments: Notice of Public Hearing
I
I
1026 W. BKO.aDWAY • SPOK.a1vE, WA5HWGTC)N 99260-0220
1'i"7ON[._. `55V7, 477'7200 9 F!\,\, t509+ 4~'2243 a TVV. (11.7) 177'7133
J
i . ,
.
NOTICE OF PUBLIC HEA►RING
SPOKANE COUNTY HEARING EXAMINER
TO: All interested persons, and owners/taxpayers within 400 feet
YOU ARE HEREBY NOTIFIED THAT A PUBLIC HEARING WILL BE HELD ON THE
LAND USE APPLICATION LISTED BELOW, AS FOLLOWS:
Application: File No. CUE-9-00; Conditional Use Permit for a Home Industry to operate a pond and
water garden business, Blue Iris Water Gardens from an existing detached accessory structure accessed a
public road, Desmet Avenue.
Hearing Date and Time: September 6, 2000 @ 9:00a.m.
Place: Commissioners Assembly Room, Lower Level, Spokane County Public Works Building, 1026
West Broadway, Spokane, Washington.
Owner/Applicant: Terrence D. & Kathleen L. Thompson, 8003 E. Cataldo Spokane, WA 99212,
509/924-6974
Address and Location: Generally located north of and adjacent to Cataldo Avenue, and south of and
adjacent to Desmet Avenue approximately 300' east of Ella Road, more commonly known as 7910 East
Desmet Avenue (business address) in the NW '/4 of Section 18, Township 25 North, Range 44 E.W.M.
Spokane County, Washington.
Comprehensive Plan: Urban
Zoning Designation: Urban Residential - 3.5 (UR-3.5)
Environmental Determination: A Determination of Nonsignificance (DNS) was issued by the County
Division of Planning, as the lead agency on August 18, 2000. The comment period ends September 1,
2000.
Related Permits: in order for the project to be developed as proposed, additional permits may be
required to be obtained including but not limited to building permits, sewer connection permit, access
permit, on-site sewage disposal permit, etc., State agency permits, permits required by other local
jurisdictions, and Federal agency permits.
Division of Planning Staff: Deanna Walter, Associate Planner, (509) 477-7200
HEARING EXAMINER PROCEDURES
Hearing Process and Appeals: The hearing will be conducted under the rules of procedure adopted in
Spokane County Resolution No. 96-0294. All interested persons may testify at the public hearing, and
may submit written comments and documents before or at the hearing. The Hearing Examiner may limit
the time given to speakers. A speaker representing each side of the issue is encouraged. Any appeal of
the Hearing Examiner's decision will be based on the record established before the Hearing Examiner,
pursuant to County Resolution Nos. 96-0171. Environmental appeals will follow the same procedural
route as the underlying action. All hearings will be conducted in facilities which are accessible to
persons with physical disabilities.
Inspection of File, Copies of Documents: A Staff Report will generally be available for inspection
seven days before the hearing. The Staff Report and application file may be inspected at the Spokane
County Division of Planning, 1 S` Floor Permit Center, Public Works Building, 1026 W. Broadway,
Spokane, WA 99260-0220, between 8:30 a.m. and 5:00 p.m., weekdays, M-F, except holidays. Copies
of documents will be made available for the cost of reproduction. If you have any questions or special
needs, please call the Division at (509) 477-7200. Send written comments to the Spokane County
Division of Planning, 1026 W. Broadway, Spokane, WA 99260, Attn: Deanna Walter/CUE-9-00.
a ,
OFFICE OF THE SPOKAN~ COUNTY ENGINEER
1026 W Broadway Ave, Spokane, WA 99260-0170 (509)477-3600 Fax (509)477-2243
~ Sm'-wq Q)UNI'' "ENGINEER'S CONDITIONS OF APPROVAL" CONDITIONAL USE PERMIT
TO: Spokane County Planning Departien
FROM: Division of Engineering & Roads - LT ~~-DATE: May 31, 2000
PROJECT: HOME INDUSTRY WATER GARDENS
FILE CUE-0009-00/ Review Date 06/01 /2000
Sponsor/Applicant: TERENCE & KATHLEEN THOMPSON
Section Township Range: 18-25-44
Planner: DEANNA WALTER
The Spokane County Engineering Department has reviewed the above referenced application. The
following "Conditions of Approval" are submitted to the Spokane County Planning Department for
inclusion in the "Findings of Fact, Conclusions and Order/Decision" should the request be approved.
Prior to release of a building permit or use of property as proposed:
1. The applicant proposes to access the proposed site using Desmet Road, which is a non-
maintained public right-of-way. The applicant shall execute a Spokane County Notice to Public
No. 4, which will allow access across the non-maintained public right-of-way.
2. The 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.
3. A parking plan and traffic circulation plan shall be submitted and accepted by the Spokane County
Engineer. The design, location and arrangement of parking stalls shall be in accordance with
standard engineering practices. 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
4. The applicant is advised that future expansion to the proposal may warrant additional traffic
information and/or road improvements.
5. No construction work is to be performed within the exist;ng or proposed Public right-of-way until
plans have been accepted by the County Engineer and a permit has been issued by the County
Engineer. All work is subject to inspection and approval by the County Engineer.
END
CC: Applicant TERENCE & RATHLEEN THOf•4PSON
Engineer/Surveyor
Plannez DEANNA 4JALTER
.
Kimball, Sandy _
From: Hemmings, Bill
Sent: Monday, May 22, 2000 8:27 AM
To: Walter, Deanna
Cc: Engelhard, Scott; Kimball, Sandy; Parry, Ed; Sims, Brenda; Miller, Katherine; Darrell, Virginia
Subject: CUE-9-00 - Terry Thompson
5-22-00
I have no comment on this proposal at this point in time. I consider the proposal to be technically complete.
Bill Hemmings, PE
Page 1
PAGE 1 • 13:51:05 19 MAY 2000
Road# Road Names.......... MPost. Referemce Descriptio Road Log Info..........
00536 CATALDO AV (START) .000 YARDLEY RD U 19 LIGHT BITUM. 20
CATALDO AV .120 STANLEY RD U 19 LIGHT BITUM. 20
CATALDO AV (END) .250 HOWE ST U 19 LIGHT BITUM. 20
00537 CATALDO AV (START) .000 GIRARD RD (END) U 19 PAVED 36
CATALDO AV .060 BOWMAN RD (END) U 19 PAVED 36
CATALDO AV (END) .120 PARK RD U 19 PAVED 36
00538 CATALDO AV (START) .000 ELLA RD U 19 PAVED 36
CATALDO AV .150 DORN CT (END) U 19 PAVED 36
.250 VISTA RD U 19 LIGHT BITUM. 18
.370 BESSIE RD U 19 LIGHT BITUM. 18
.500 SARGENT RD U 19 LIGHT BITUM. 20
.630 MARGUERITE RD U 19 LIGHT BITUM. 20
.750 ARGONNE RD U 19 PAVED 40
.810 MULLAN RD U 19 LIGHT BITUM. 20
.850 STOUT RD (START) U 19 LIGHT BITUM. 20
.910 WILLOW RD (START) U 19 LIGHT BITUM. 20
CATALDO AV (END) 1.000 LOCUST RD U 19 LIGHT BITUM. 20
00540 CATALDO AV (START) .000 WILBUR RD U 19 PAVED 28
CATALDO AV .060 FOX RD (START) U 19 PAVED 40
.160 PERRINE RD (START) U 19 PAVED 40
CATALDO AV (END) .380 SR 27 (PINES) U 19 PAVED 40
00541 CATALDO AV (START) .000 WEST END TO MCDONALD U 19 PAVED 40
CATALDO AV .180 MCDONALD RD U 19 PAVED 40
CATALDO AV (END) .430 BLAKE RD U 19 PAVED 40
00542 CATALDO AV (START) .000 EVERGREEN RD U 19 PAVED 40
CATALDO AV .090 BOLIVAR RD (START) U 19 PAVED 40
.130 BANNEN RD (END) U 19 PAVED 40
.250 BEST RD U 19 PAVED 40
.370 CALVIN RD U 19 PAVED 40
.440 WARREN RD U 19 PAVED 40
CATALDO AV (END) .500 ADAMS RD U 19 PAVED 40
00543 CATALDO AV (START) .000 ST CHARLES RD U 19 PAVED 40
CATALDO AV .110 R.AVALLI DR (END) U 19 PAVED 40
CATALDO AV (END) .190 MISSION AV U 19 PAVED 40
00544 CATALDO AV (START) .000 FLORA RD U 19 LIGHT BITUM. 20
CATALDO AV .220 ARC CT (START) U 19 LIGHT BITUM. 25
.280 TSCHIRLEY CT (START) U 19 LIGHT BITUM. 18
CATALDO AV (END) .560 LONG RD (START) U 19 LIGHT BITUM. 18
00707 CATALDO AV (STARZ') .000 WEST END TO VAN MART U 19 PAVED 34
CATALDO AV .020 VAN MARTER RD (START U 19 PAVED 34
CATALDO AV (END) .180 PIERCE RD U 19 PAVED 28
00539 CATALDO AV (START) .000 RUDOLF RD (START) U 19 LIGHT BITUM. 16
CATALDO AV (END) .070 MACARTHUR RD (START) U 19 LIGHT BITUM. 16
00800 CATALDO AV (START) .000 BRADLEY RD (START) U 19 PAVED 30
CATALDO AV (END) .090 EAST END OF ROAD U 19 PAVED 30
00681 CATALDO RD (START) .000 BARKER RD U 19 LIGHT BITUM. 22
CATALDO RD (END) .550 EAST END OF ROA.D U 19 LIGHT BITUM. 33
12 Records Processed
. , . •
F~~ ft~ j 3. J,
S P O K A N E C O LT N T Y
PI.ANMtiG A D[VISiON Of THE PUBLlC WOFtKS DEPARTMFN'T
Gary Oterg, Director
RECE VED
MAY 17 2000
IMEMORANDUiVI ~UNIY ENGINEER
TO: Spokane County Division of Engineering; Transportation Engineering, Scott
Engelhard, c/o Sandy Kimball
Spokane County Development Engineering Services: Bill Hcmmin,,s
Spukane County Stormwater Utility; Brenda 5ims
' Spokane County Division of Utilities; Jim Red
Spokane Regional Health District; Steve Holderbv
Spokane County Division of Building & Code FnlurcCrnent; Jct; Forrv
Spokane County Fire Protection District Na. 1
Spokane County Water District No. 3)
Wcst Valley School District No. 363
FROM: Deanna Walter, Associate Planner
DATE: May 17, 2000
SUBJECT: CtJE-9-00; Conditiona) Use Perniit for a} Iome Industn
Attacheci you will tind a cupy ol'tlic: application submitted hw'rerry and Kathlccn Thompson tc„-
a Conditional Use Permit for a home industry. The applicant is requesting to allo~% che use or an
existing out building for a water garden business (Blue Iris Water Gardens).
Please forward your review comments to me by June l, 2000. Tf vou have any yuesiions N'Ou
may contact me at 477-721-4_
NOTE: T6e Division of Planning will now be circutating commenLs for SEI'a ('liecklist :it
the time of technical review. This will be the only time Nlou will be ahle tn
comment regarding the SEPA Checklist tor this project.
Wc
cc: Terrv & Kathleen Thompson, 8003 E. Cataldo, Spokane, W.a 992 1-2
Enc:loseil: Site Plan, Fnvironmental Checklist, Application
l~b titi'. Ei[:U:~vw:~': • 51'u~:.~vz, ~1~:~t-!l;v~.;TUN ~i;~~b~~-~_=~i
1'3toNE: f5t1U1 4?7-7200 • FA!i: (SUU) 477-2243 9 TDD: 47' 7I3:>
.
f ~ 'L-•' ~ ~ ~ h- ~
-UU. . . .
. . . - Sp
. OKANE G';) ,,-',N-v
APPLICATlON,-FOR PUBLIC HEARING61TEMS . - y
CUP'S, VAftIANCES,-NON-CONF RfV11~5'USE
^ o ~ ~ r CURRENT PLAIVNING C1VIS10,1
III IIII
SPOKAlsqE DIVISION OF BUILDING AND PLANNlNG
CC~LT~SITY
PROPERTY OWNER INFORMATION
♦ Property Owner(s): - C,&, Z_>- 44J-b , ~ ~ • -T ,cf .
Street Address: C,+ 7-4 c' fl~
City: -5-Pioleaq Ahf State: LM_ Zip Code:
S09
, Phone: (Home ~o7~ ' 7 (Wor~C)~,S - 77#D Fax: ~SD9 ~a,~_ ~~v -3
APPLICANT/AGENT INFORMATIOtV ,
♦ Applicant/Agent:
,
Street Address:
City: , State: Zip Code:
Phone: (Home) (Work) Fax: .
REQUESTED ACTIONS(S) (Indicate appropriafe action): ~
Zt"C-S-ndi'tional Use Permit 0 Expansion of a Nonconforming Use ~
❑ Variance(s) 0 Other (list):
~
PROJECT INFORMATION k1iLK+-Q
BL.vf-)2i S
• Existing use o~ proper'ty: hb,41f- 445 1-46 1
0 Describe proposed usz of the property, notino chanoe from 'existinq use':
lyom 4- Y',u D
Q~- 13U I L.
~ ~ .{,f ~ • If a vdriance 2pplication, state tn2 Code standard and dESCrioE the variance souoht in
comoaraole t:.rms (i.e., 50 ie°t from centcrline verses required 65 feet):
-dJ /✓a
• If a condiLional usc permit application, does proposcl meet 2I1 s[andards? ~ N
If not, h2s one or more variances been requestea: Y N
• If homc industry, has consuliation cccurred with the D' i ion oT 6uilding and Plarrinci
regzrdina ,,,of building for intenc+ed use? Y N y
" v5~.,
. ,
APPLICATIONS FOR PUBLIC HEARING ITEMS PAGE 2 of 3
CUP. Variance Non-conformino Uses • Size of the subject property 410 707 5-11c' Parcel No.(s): y s~S*a . o4slk
• Street address of property (if known): tfC03 E. C,47-~ L100 5 Pb k9,i £ t,~4 Q q
• Legal description of property (include eas2ment, if applicable): Fi02Et,ti• 4 .0 a,
S l yo Rl o- 9- cJ /37 nr L s/ N oF-r- o F G o?' q ,F r c • c.J 7 5 a'T-*t,a"L eir
pr. D L-o T+/ Clc F.c c AT
(,Are b7 /y5 ICT.
~ Source ofi legal: _ C.ovev})l
• Totai amount of adjoining land controlled by this owner, sponsor and/or agent: Ll Zt0 s~
• What interest does applicant hold in the property 6(,1NOTARY
State of Washington)
- SS
County of Spokane ) -
I swear, under penalty of perjury, that: (1) I am the owner of record or authorized agent for
the proposed site; (2) if not the owner, written permission from owner authorizing my actions
on his/her behalf is attached; and (3) all of the aoove responses and those on supporino
documents are made truthfuily and to the best of my knowledoe.
Signed: , Date
Notary Public in and Tor the Sate of Washington, residing at
My appointment expires
BURDEN OF PROOF FORM(S) (by applicant)
It is necessary for the applicant or his/her representative to establish the reasons why thz
requested action should be approved and to literally put forth the basic argument in favor oT
approving the application. Accordingly, you should have been given a form ior your
requested action (variance, conditional use, e#c.) designed to help you present your casz in a
way which addresszs the criteria which the Hearing Examiner must conszider. Please
complete the form and rzturn with your application.
FOR STAFF USE ONLY
Section Township Range Violafion/Enforcement: Y N
Lot, legal &add'I. ownership checkzd by:
Person doing preaop conf.:
Other/previous Division of 8uilding and PlGnning actions involving this propery:
Certificaie oT Exe_mption No. Application No.
Hearing Date Various site plan dimensions check by
,
,
APPUCATIONS FOR PUBLIC HEARlNG ITEMS PAGE 3 of 3
CUP. Variance. Non-conformina Uses .
SIGN-OFF BY AGENCIES
The applicant must visit e2ch agency whose number is circled below.
~ aor
An
k ~
1. SPOKANE REGIONAL HEALTH DIST 1CT t~ ~
a. Pro os2d method ofiwater suo I ~2~{t*~/
P ~ PY f ~
b. Proposed method of sewage disposal f, ~f:" E
A preliminary consultation has been held to discuss the proposai. The appiicant has been infor r
requirements and standards. We reque t consultation with the Division of BuRding 8 Planning~~
.
~
Signature D;e ~
2. ~
WATER PURVEYOR: + a. Proposed me±hod or water supply
b. The proposal isCs*%4 located within the boundary of our future s2rvice area.
- c. The proposal israaot Iccated within the boundary of our current disylci
d. We are/are not able to serve this site with 2dequate water. -~-Gl~cl,~~tJ~c~i✓
e. Sati factory Grrange nts i~lhave not been made to serve this proposal.
i . -5 1
Signature s ~ V Date
3. SEWAGE DISPOSAL PUR
a. Proposed of water supply •
b. Pro ed method of s2wage disposal
A p eliminary consultation has been held to discuss the proposal. The 21)pliC2nt has been informed o--
requirements and st2nd2rds.
Signature Date
4. FIRE DISTRICT I FIRE MARSHALL ~
a. Proposcd is within Fire Protection District m
b. Adequate arranaement have/have not been made to meet our needs in providing fcr Gn
adequate wa~er system and facilities for fire protecticn purposes
c. Rccomr;,anded fire flowi: 731) : or unanle to calculate now ~ecausz use is not
definitive and will be determined at building permif application time.
d. R2quirements include:
S-3-
Si~nature Fire District ~ Date
P,pp 'cr Rubhc ; ;zar.r.g Itens ;-1G_8
. . ~ . . ,
. , .
„ '
RECEi r CONDITIONAL USE pERMIT BURDEN OF PROOF FORM
Sa'D0 KANE Name:
ti~/ <
~\i4J
~ 1
Fiie:
ul-tions
CURftENT PLAiVNiNG 0E' '.7 cl2rifies that the Caunt'1 re9~
CONDiTIONAL UScS Stat? Ldv'/, Sec{jon 36.70.020 O,
must seci" the stand~rds and cri'teria tl~at sh211 be 2PpliEd in thp revie~~v by the Hearing
P ~Y
Examiner. Conditian(s) oT 2oprovGl may aiso be addEd to assure compatibi ity wi#h other uses in
the same zone.
A. Assuming tne propos2l is lis.ed as a'Pe•'"n'ted' conditional use, co you believe the proQosal
meets all o► the reqUircd, Estabi'5hed and ao°iscable s't2ndards?
~ the conditional us2s requir2d standards, 2re you szQkina relief by applying
B. l+ you cannot r~e..t
for an administrative exc=ption or a van2nce? Yes No
C. Whzt have you done or could yau do to:
' 1. Make the use comaatible wiih other P~~itt,2d activities in tne same viciniiy or zone?
t~ c. ~ Ls 7TL E*R- A-d ~ ~
2. Ensure Gaainst impos~ng excessive dEmands ucon public utilities?
D. Exo12in how or why the proposal wiil not be detr+mental to:
~ v~S 1~v f,d f 1.' ~/h 41~ t~L- tl 5~- O 1`- cTtlf~ ~1 ~S
1. Tne Comorehensive P1an= ^~'r
,~rv ~ -1Z ~ ~~~.4 ; and
C✓ A S ft
~uT/2~
2. Surrouncina proper`I: .
E. NArnat reasonable rzsirictions, conditions or s21egU2rds wiil uoneld the spirit and inkert (nealt;7,
) of the Zoning Code AND mitigatp 2ny 2dv-rsz erec, upcn t~e
sa~e~y and ~~~er~l wo .-~fGre
neiahborina procer`es - includin9 but nai limited to: 1) bm° limits; 2) front, side or rear yarG
-
areGltcr thaEi minimum s.ated; 3) suit2ble Iandscapina-,4) sic_nina; 5) o„-streCt p2rkira. - and o j
o~he~ s?
L
~E
~ N r?
~ iA.>~.
_ CU% CF rR00F RE`/. 2-99
.
i •j'
5~~~~t'6
,
c ` N,NG
Ctj`r,ElyT P~~ 1
N ~C_
~
SPOKANE ENVIR4NMENTAL ORDINANCE
SECTION 11-10.230;1-
f
l
SEPA ENvIRONMENTAL CHECKLIST .
WAC 197-11-960
Spokane Environmental Ordinance Section 11.10.230(1)
PURPOSE OF CHECKLIST
The State Environmental Policy Act (SEPA), chapcer 43.21C RCW, requires all governmental a~encies
to consider the environmental impacts of a proposal before ma~;ing decisions. t'~n environmencal
impact scatement (EIS) must be prepared for all proposals with probable significant adverse impacts on
the quality of the environment. The purpose of this checklist is to provide information to help you
and the agency identify impact from your proposal (and to reduce or avoid impacts from the proposal,
if it can be done) and to help the agency decide whether an EIS is required.
IlVSTR UCTIOrVS FOR APPLICAiVTS
This environmental checklist asks you to describe some basic information about your proposal.
Governmental a~encies use this checklist to determine whecher the environmental impacts or your
proposal are significant, requinng preparation of an EIS. Answer the questions briefly, wich the most
precise information known, or give the best description you can.
You must answer each question accurately and carefully, to the best of your kno~vled~e. In mos-t
cases, you should be able to answer the questions from your own observations or project plans
without the need to hire exoeres. If you really do not know the answer, or if a question does not
apply to your proposal, write "do not know" or "does not apply". Complete aiiswers to the questions
now may- avoid unnecessary- delays later. '
Some questions ask about governmental rea lations, such as zonin~, shoreline, arid landmark
desi~nations. Answer these question if you can. If you have problems, the gotiernmental agencies cyn
assist you.
The checklist questions apply to all parts of your proposal, even if you plan to do them over a period
of time or on d.ifferent parcels of land. Attach any addicional information that will help describe your
proposal or its environmencal effecu. The agency to tivhich you submit this checklist may ask you to
explain your answers or provide additional information reasonably related to determinusg if there may
be significant adverse impacz.
USE OF CHEe1tiLIST FOR rVO1V-PROIEC7"PROPOSALS: Complete this checklist for non-project proposals, even though questiolis inay be ans~ ered "does not
apply." N ADDITION, complete the SUPPLENIENTAL SHEET FOR N0iv-PROJECT ACTIO\S (pa:t D).
For non-projecL actions, the references in the checklist to the words "project," "applicant," and
"property or sitz" should be read as "proposal," "proposer," and "afrected geographic area,"
respectively. '
Spokane Enviro::: _e,tal Ordinance Checklisz PaQe 2 of 21
- ' • i ~ - ~
~
F A. BACKGROUiND FU-E/PROJ'ECT No.
1. Name of proposed project, if applicable:
bb/Ve / Dv T-
2. Name of applicant:
T /~G ~ ~ L~~~ L . ~T ?~i~'l~,,so.✓
3. Address and phone number of applicant and conTact person:
5 0 0 3 4- C Arr,4 L D o .
. LSa 9- 4 -6 4 7 4/
4. Date checklist prepared:
5. Aoency requestina checklist:
S ~O /~i9~£ CO v~tA?/ /~LAitla J~it/~
b. Proposed timing or schedule (includina, phasing, if applicable):
~
Spokane Environ:*.~ent3i C)rdi:~ance Chec'.~list Page ~ oi 21
A. BACKGFZOLTND (cancinued):
7, a. Do you have a.ay plans for fuLUre additions, expansion, or further activity related to or connected with this
proposal? If yes, e;cplain.
LA N~~
b. Do You own or have opLions on land nearby or adjaceni to this pr•oposal? If yes, eYplain.
0 c.J ~v7C~Q L u~- !Q r.eg.TEZ.)
~
N, L LLtl
.
LisL any environmental informacion you know abouL L'nac has been prepared, or will be prepareci, directl;r
relaced to this proposal.
A)/A
4. Do you kno-w whether applications are pendino for governmental approvals oi other proposals directly
affecring the property covered by your proposal? If yes, e~cplain.
NQ
10. List any governiner.L approLals or permits thac will be needed for your proposal, if ll:nnown.
Pa jc 4 O! - 1
Spokane E,n~~ironmencal OrCC:!ance C1~zck~isl
•
- , ,
A. BACKGROLTIID (cantinued):
11. Give a brief, complete description of your proposal, including the proposed uses and the size of the project and
site. There are several questions later in this checklist that ask you to-describe certain aspects of your proposal.
You do not need to repeat those ans-wers on this paae.
Q r~64A-Ti A/~. 4 1106-OWF'
~
.
/-/o f a
0
r~I ~ L~l
To
~ u1-3v r L r~ /'A J~ .
12. Location of the proposal. Give sufficient information for a person to understand the precise location of your
proposed project, including a street address, if any, and section, township and range, if known. If a proposal
' would occur over a range of area, provide the range or boundaries of the site(s). Provide a le~al descripcion,
site plan, viciiry map, and topographic map, if reasonably available. While you should submit any plans
required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit
application related to this checklist.
':iSoo3 AE . C4 7-,eg
~ o
99af,~ -
. ~ .
~r-c 1 AJ 2yy~=
13). Does the proposed acLion lie within The Aquifer Sensitive Area (ASA)? The General Sewer Service Area? The
Priority Sewer Service Area? The City of Spokane? (See: Spokane County's A5A Overlay zone Atlus for
boundaries).
_V /A
Spokane Environment j Ordinance Chcckhsz Pa.ae 5 of 2 1
, • ~
, .
Evaluation For
Agency Use Only
TO BE COMPLETED BY APPLICANT
B. E~IVIRONME~t'I'AL ELEtiIEiNT'S:
1. EARTH
a. General description of the site (circle one . flat, olling, hilly, steep slopes,
mountainous, other:
b. Whac is the steepest slope on the site (approximate percent slope)?
JF 1-, 4 7- ,
c. What general types of soils are found on the site (for example, clay, sand, gravel, peat,
muck)? If you know the classification of agricultural soils, speci.fy them and note any
prime farmland.
r ~ A (ie'
d. Are there surface ind.ications or history of unstable soils in the immediate vicinity?
If so, describe.
A/
e. Describe the puruose, rype and appro:cimaLe quantiEies of any fillinc, or gradincr
proposed. Indicate source of fill.
~ //49
f. Could erosion occur as a result of clearing, construction, or use? If so, gene: ally
describe.
!V /A
.`.ina:~ce Cr~ecklist Pa~e 6 oi ? 1
Spokane Environ;r~e:?ta1 _ Ord
' Evaluation For
Agency Use Only
B. EiNTVIR0N1YIEt~ITAL ELENIENT'S (Continued):
g. About what percent of the site will be covered with impervious surfaces after project
construction (for eYample, asphalt or buildings}?
SI TF l.J ~ L L 1 pT C I-~-i4 AJ ~r ~ ~ T!-~ E, 02 j~ ~,v
[9.0 c- Ie * r- 7 s (,l i c. C- 3f- ./Z. f- PL•4 G c_ ~ 4J
h. Proposed measures to reduce or concrol erosion, or other impacrs to the earth, if any:
~llq
2. AIR _•a. What type of emissions to the air would result from the proposal (i.e., dust,
automobile, odors, industrial, wood smoke) during construcuon and when the projert
is completed? If any, generally describe and give appro:cimate quanriues, if known.
b. Are there zny ofic-site sources of emissions or odor that may affect your p: oposal?
If so, generally describe. -
"M
c. Proposed measures to reduce or control emissions or other impacts to air, if any:
Spokane Environmental Ordinance Checklist Pa~~ 7 uf ? 1
t- Evaluation For
Agency Use Only
B. EiNNIRONMEt~iTAL ELEMEYI'S (Continued):
3. WATER
a. Surface:
1) Is there any surface water body on or in the immediate viciniry of the site (including
year-round and seasonal streams, salt-,vater, lakes, ponds, wetlands)? If yes, describe
type and provide narnes. If appropriate, state what szream or river it flows into.
2} Will the project require any work over, in, or adjacent to (within 200 feet) the
described waters? If yes, please describe and attach available plans.
3) Estimate the amount of fill and dredge material that would be placed in or removed
from surface water or wetlands and indicate the area of the site that would be affected.
Indicate the source of fill maten*al.
lu
4) ~~Iill the proposal require surface water withdrawals or diversions? Give a general
description, purpose, and appro:cimate quantities if known.
5) Does the proposal lie wizhin a lOQyear floodplain? If so, note location on the site
plan.
Sookane Environ:nenca! Ordinance Checklist Pag~ S oi ? 1
. ~ t
• • " ~ g
, . Evaluation For
'Agency Use Only
B. EWIRONMENTAL ELEYIENTS (Continucd):
6) Does the proposal involve any d.ischarges of was-Le materials to surface waters? If so,
describe the type of wasce and anticipated volume of discharge.
/t/ 40
b. Ground:
1) tYlill groundwater be ivithdravvn, or will water be discharged to ground water?
Give general description, purpose, and approximate quantities if kno~vn.
N / f4
2) Describe waste material that will be discharged into the ground from septic tanks or
other sanitary waste treatment faciliLy. Descnbe the general size of the system,
the number of houses to be served (if applicable), or the
number of pe: sons the system(s) are espected to serve.
AJ IA l2v 3 L (r _or -L,ZL~ ~ c T~rr~
3) Describe any systems, other than those designed for the disposal of sanitary waste,
installed for the purpose of discharging fluids below the ground surface (including
systems such as those for the disposal of storm water or drainage from floor drains).
Describe the type of system, the amount of material to be disposed of through the
system and the types of materials likely to be disposed of (including materials which
may enter the syszem inadvenently through spills or as a result of fire fighting
activities).
.
Spokane Environmental Ordin3nce Checklist Page 9 or 2 1
. , / . • l . ,
t
~ Evaluation For
Agency Use Only
B. E'LNIVIRONMEiN'I'AL ELLMEiNTS (ContiQUed):
4) Will any chemicals (especially organic solvenu or pecroleum fuels) be stored in above-
ground or underground storage tanks? If so, what types and quantities of materials will
be stored?
~ - -
5) What protective measures will be taken to ensure that leaks or spills of any chem.icals
stored or used on site will nor be allowed to pe: colate to groundwater (this includes
measures to keep chemicals out of disposal rystems described in 3b(2) and 36(3)?
N/!!~ L s
r
c. Water Runoff (including storm water)
1) Describe the source of runoff (including storm water) and method of collection and
disposal, if any (include qu3ntities, if known). Where will this tvater flow? Will this
water flow into other waters? If so, describe.
2) Will any chemicals be stored, handled or used on the site in a location where a spill or
leak will drain to surface or groundwater or to a storm water disposal systezn
discharjin j to surface or groundwate: ?
.
3) Could waste materials enter ground or surface waters? If so, generally describe.
~11q ,
Spokane Erivironm_eritzl O~cinance Chec!~lisE Pace 10 0r? 1
. . -
.
. ~ ,
. ' ' Evaluation For
Agency Use Only
B. EWTRONMENTAL ELMVIENTS (Continued):
d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if
any (if the proposed action lies within the Aauifer Sensitive Area be especially clear on
eYplanations relating to facilities concerning Sections 36(4), 36(5), and 3c(2) of this
checklist).
~.C..~e' -F- (A ~ F 9- C~ A)
0> r T4 N. .
4. PLANTS '
a. Check or circle types of vegetation found on the site:
deciduous tree: alder, maple, aspen, other
evergreen tree: fir, cedar, pine, other
• Shr't16S
grass IV O itJ E-
pasture
crop or grain
wet soil planzs: cattail, buttercup, bullnuh, skunk cabbage,
other
water planzs: warer lily, eelgrass, milfoil, other
other types of vegetation
b. What kind a,nd amount of ve~etarion will be removed or altered~ _
C" F....C-
,~v~~.~✓
c. List threatened or endangered species known co be on or near the site.
A.1 . .
,
d. Proposed landscapin~, use of native plznts, or ocher
measures to preserve or enhance vegeCation on the site, if any.
.
Spokane F-nvi-onm°;jL31 O:'-'F?11P.Ce Checn?ist PaQe 11 os'?1
,
. . ~ ~ ~
. ~ ~
Evaluation For
AQency Use Only
B. ENVIRONVIENTAL ELEMENTS (Continued):
5. ANI1MALS
a. Circle any birds and animals which have been observed on or
near the site or are known to be on or near the siLe:
~ i S - S/e6z"IS
birds: hawk, heron, eagle, songbirds, other:
marrimals: deer, bear, elk, beaver, other:
fish: bass, salmon, trout, herring, shellfish, other:
b. List any threatened or endangered species known to be on or near the site.
A/' //9 .
c. Is the site part of a migration route? If so, eYplain.
,~/A
/
d. Proposed measures to preserve or enhance wildlife, if any:
-L/ r49 ' .
6. ENERGY AND NAT[TR.kL RESOLIRCES
a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used
to meet the completed project's energy needs? Describe whether it wi11 be used for
heating, manufacturing, etc.
9-C-T 72--! G4 L v s E rl ~~-D 2 L 1 a} 77-5 1-
b. Would your project affect the potential use of solar ener;y by adjacent properties?
If so, generally describe.
Spokane Environmental Orair,ance Check-lisz Page 12 of 2 1
. , , ~ .
Evaluation For
Agency Use On ly
B. EiNVIRONMEN7'AL ELE~l~1ENTS (Continucd):
c. What kinds of energy conservation features are included in the plans of this proposal?
List other proposed measures to reduce or control energy impacts, if any:
, .
7. ElWTRONVIENTAL HEALTH
a. Are there any environmental healch hazards, including exposure to toYic chemicals,
risk of fire and explosion, spill, or hazardous waste, that could occur as a result of this
proposal? If so, describe.
N /,4
1) Describe special emergency services that might be required.
dg
2) Proposed measures to reduce or control environmental health hazards, if any:
N /G4
b. Noise
1) What types of noise e:cist in the area which may affect your project (for eYample:
traffic, equipment, operation, other)?
" t /A o C 14 404 O✓ ~
2) What tvpes and levels of noise would be created by or associated with the project
on a short-term or a long-term basis (for example: traffic, construction, operation,
other)? Indicate what hours noise would come from the site.
~ /14 -
r ' Spokane Environrnencal Ordinance Chec!{list Pag: 13 oi ? 1
. • t , , C, .
' t Evaluation For
A~ency Use Only
B. ENVIRONNIENTAL ELE:YIEN'I'S (Continued):
3) Proposed measure to reduce or control noise impacu, if any:
NIh
8. LAND AND SHORELIiNE USE
a. What is the current use of the site and adjacent properties? I /ti 2. ciD C ~-A.AL-) F/ F-I r, c
, 'b. Has the sice been used for agriculture? If so, describe.
lu O
c. Describe any scructures on the site.
0) V .4 ~v b
,
d. Will any structures be demolished? If so, which?
e. What is the currenc zoning classification of the site?
U2
Sookane Environmenc:.l Ordinance Chpcklist Puge 14 of ? 1
.
` Evaluation For
Agency Use Only
B. EiNVIRONiI~IEiN"I'AL ELEi1~1Ei1tTS (Continued):
f. What is the current Comprehensive Plan designation of the site?
g. If applicable, what is the currenc shoreline mascer program designation of the site?
N M .
h. Has any pan of the site been classified as an "environmentally sensitive" area?
If so, specify.
i. Appro`cimately how many people would reside or work in the completed project?
o~ 7-0 ~
j. Appro\imately how many people would the completed project displace?
NnA-,) F
k. Proposed measures Lo avoid or reduce displacement impacts, if any:
N
l. Proposed measLres to ensLre the proposal is compatible with e:cisting and projected
land uses and plans, if any:
Spokane Environmental O:dina::ce Checklist Pagz 15 oi?1
Evaluation For
A~ency Use Only
B. EWIRONiNIENTAL ELEMEN'I'S (Continued):
9. HOUSrtG
a. Approximately how many units would be provided, if any? Indicate whether high,
middle, or lo-v-income housin..
N~~1
b. ApproYimately how m3ny units, if any, would be eliminated? Indicate whether high,
. middle, or low-income housing.
N
~
c. Proposed measures to reduce or control housinc, impacts, if any:
ti ~f4
10. AESTHETICS a_ What is the tallest height of any proposed structure(s), not including antennas;
wh3t is the principa.l e:ccerior building material(s) proposed?
n~ o ~s7-2-e-I c, T~Irg-Cs i~ee Po's E, r.)
~
b. What views in the immediate vicinity would be altered or obstructed?
c. Proposed measui es to reduce or control aesthetic impacts, if any:
IV
, . ,
Spokane Environmental O.dinance Chccklist Pzge 16 oi 21
.
Evaluatipn ;For
Agency LJse OnIy
B. Et~VIRONIMENT'AL EI.E1riENTS (Cont'snued):
11. LIGxT ANY] GLAR-E
a. What type af light or ~jare will the proposal praduce? What Time of day wauld it
niainly flccur?
b. Could Ii~ht ar glare froin the fi n~hed ~ro~ect 6e ~ safery haz.ard or interfere ~v~th
view5?
AIIII _
~
c. What existin~ off-site sources af light ar glare may affecF your proposa~? .
A-11,~4
d. Proposed rne-asures to reduce ❑r canzrol ].ight and gZare irnpacrs, if anv: .
• ~
~
12. BLE CR.EA-2 QN
a. What designated and inFormal recreational oppoi-tunMes are in the Lrr'-mediate vicinity?
6. WaLild the proposed project ~'isplace any e:~sstir~g recreation~.l uses? If sa, descrtbe.
lJ
SpQkane Environrnen-r_ul Orci^ance Ch~c'f-Zist Pa~~. 17 ai ?1
. . . ~ , .
• • 1 , .
Evaluation For
Agency Use Only
B. EINVIRONMEiNI'AL ELEVIENTS (Continued):
c. Proposed measures to reduce or control impacts on recreation, including recreation
opportunities to be provided by the project or applicant, if any:
13. HISTORIC AND CULTURAL PRESERVATION
a. Are there any places or objects-listed on, or proposed for, national, sate, or local
preservation registers, known to be on or ne;ct to the site? If so, generally describe.
.
b. Generally describe any landmarks or evidence of historic, archaeological, scientific
or cultural importance known to be on or next to the site.
c. Proposed measures to reduce or control impacts, if any:
I1/ 1.ei
14. TRANSPORTATION
a. Ic~entify public streets and high~vays serving the site and desc~ ibc proposed access
to the e:cistin~ street system. Show on site plans, if any. '
c~T/~ L i-j a avF' 7-0 Tl~~ s o v7" c'4
~ L LA -,a 7'4L C- S /
02Z
7W E-IL Cj4-T4 L0 o p 2 17E5,en E ~
b. Is site currently se-i-ved by public transic? If not, what is che approximate dista.nce
to the nearest tra.nsit stoo?
a ~~s ,vl ~s s,~P
Spokane EnvironrnenTo1. O:dinance Chec4list Page 1 S of 2 ]
~ _ _ ~
. ~ ► ~
► ~ Evaluation For
Acency Use Only
B. ENVIRONIYIENTAL EI..EMENTS (Continued):
c. How many parking spaces would the completed project have? How many would the
project eliminate?
19PILO ~L zv~ c.41.d
d. Will the proposal require any new roads or streets, or improvements to eXisting roads
or streets, not including driveways? If so, generally describe (indicate tvhether public _
or private). '
e. Will the project use (or occur in the immediate viciniry ofl water, rail, or air
transportation? If so, generally describe.
N/A
f. How many vehicular trips per day would be generated by the completed project?
If known, indicate when peak volumes would occur. Q >Ai C 2 C'.1 &'-4-k rg vR. ~ . t c
.41(/1~~ -
g. Proposed measures to rzduce or control transporzation impacts, if any:
, .
15. PUBLIC SERVICES
a. Would the project resulc in an increased need for public services (for eYample:
fire protection, police proLection, health care, schools, other)? If so, gener3.lly describe.
A/0
Spokane Environmenc;,1. Ordi~ance Checklisz Pa-,e 19 0`? t
r
~
Evaluation For
Aaency Use Only
B. EiNVTRONMEIITAL ELEMEt~1TS (Continuecl):
b. Proposed measures to reduce or control direct impacts on public services, if any.
~//4 ,
16. UTILITIES
1 ~
a. Circle Zren , e at the site: electrici , acural gas wate refuse
servic telepho , anitary sew r, septic syste , r.
b. Describe the utilities that are proposed for the project, the utility providino' the
service, and the general construction activities on the site or in the immediate viciniry
which might be needed.
C. SIGNATURE
I, the undersi~ned, swear under the penalty of perjury that the above responses are made truth~lly and to the best of
my knowledge. I also understand that, should there be any willful misrepresentation or willful lack of full disclosure
on my part, the azencv may withdraw any determination of non-significance that it mi~ht issue in reliance upon this
checklist.
0 zte:
Proponent: TF/?E= /uGA;°" fl,joProponent: r -
(Please type or prin[) ~ (Signah.ire)
Address: '360 3 ~ C,4 T-4 4, D v City, State, 2ip: SPO,e~-~J~ q 9a/,Z
Phone: -9-R
Person completing the form: 17 Date:
Phone: S4 9' ~ Q Ll -~o (7 7 Y
Spokane Environmental Ordir.arce Checklist Paoe 20 nF,) t
f
r . .
t
1 FOR STAFF USE ONLY
Staff IVlember(s) Reviewing Checklist:
Based on this staff review of Lhe environmental checklist and other pertinent information, the staff:
A. Concludes that there are no probable significanc adverse impacts and recommends a
determination of nonsignificance (DNS).
B. Concludes that probable significant adverse environmental impacts do exist for the current
proposal and recom.mends a mitigated determinaLion of nonsignificance with conditions (I~IDi1S).
C. Concludes that there are probable significant adverse environmental impacts and recommends
a determination of si~nificance (DS}.
REFER TO FEE SCHEDULE FOR FILING FEE
Spokane Environmental Ordinance Checklist Pa~e 21 0► ? I
SPOKA►NE COZnvTX.VIVISION OF BUILDING AND CODE jENFC3RC~EMEN'x ~
A I I ti
1026 WEST BROADWAY AVENUE • SPOKANE, WA 99260-0050 ~ (509) 477-3675 J
~ SI'm INFORMAI'ION PROJECT INFORMATION ~
Site Address: 8003 E CATALDO AVE Project Number: 00003713 Inv: 1 bsae Date:
SPOKANE, WA 99212 •Permit IIsa: CUE-9-00 Submittal .
Pflrcel Nutnber: 45182.0814
Subdioision: FIORELLI ADD . Apphcant: THOMPSON, TERENCE D
Block: Lot: 8003 E CATALDO AVE
Zoning: UR-3 Urban Residentie13.5 SPOKANE, WA 99212 Phone: (509) 924-6974
Contack
Owner: THplVlPSON, TERENCE D
Address: 8003 E CATALDO AVE Phone:
SPOKANE, WA 99212 iSetUaclts -FYont: I,eft. Right: ReRr:
Inspector: NONE
Water Dfst:
Gronp Name: CUE-9-00
Project NAme:
t PERMuT(s) _ - ~
Conditional Use Contractor: Licenac
EvvIRoxNiENrAL xEvr.ew $75.00~G Ii 1~'R $50.00
CONDITIONAL USE PERMIT $422.00 P1tE-APP GONFIItENCE $37.00
LTTILITIES (INSIDE PSSA) $100.00
Total Perniit Fee: $684.00
{ PAYMENf SCfMMA,RY Pa¢e 1 of 1 NOM
PERMIT Processed By: RtRIGHT, RAE Priated By: WENDEL, GLORIA -
Trnn Date Receint # Pavment Amt
05/11/2000 3632 $684,00 •
TotsilI+'ecs Amountpaid AmountOwing
$684.00 $694.00 $o.ao
~ . M
d 1 ►
Spokane County
Public Works Department
Divison of Building & Planning
Receipt
Receipt Nuynber: 3632 Crtstomer Number
Proiects
Fuld
Proiect Nbr Inv NLr Fee Amt Inv A»jt D►vinLr PAID Pmt
00003713 1 $68.4J40 . $684.00. $684.00 EZ
Total: ~f~4;:Qp ~~84.00• . . . .$~~4:Qa $684.00
Miscellaneous Items
Total PAID: $694.00
Tender
p eClieck Acet. .$alance CC Nhr E~a Date. TEIVDERED
Check1 3116 : . 684.00
Total TENDERED: 684.00
Over /(Short) $0,00
Chattge $0.00
Notes:
1`raf: Date /Tinie: 05/11 /200010:59:49 A '
By: GWendel
Logon User: gwendei
Station: GWEN D EL
Override By:
Printetl: 054I1200010: 59: 52 AM Page I°ll
16
d ~
u-
c . . map
~
1
~
~
m p t
` •C
,•...I:,~l. ~ C h KflO. i~,J
~
r
a ¢ ~i ~ ~l v O
~ . . ~ . , .
, i
.
► ~
~
•t]~L ' r~'~
Maxwell
p Q Desn~-
~ Cwa" ~
► r' ~ _ . °
~
~~gTl
13
,
" ra ~e
~ r • ti } '
~
Gj
in
19
20
~..~r
t
' .
'Jia6'tY WP
~ ~ ~ ~ ~ • 15100
ye~ a~ ' s 1'~~ ft OSi
n~ , S~le :1 inch
. t
cvf_()9_00
a~
. Site
~ 1
- ~
i ~ .
u
~ n t tG
D 5~n M Q i~
~
b 3 n, -2r d
1 W -
C'
~
►s. ~ / ~
• • ~R►y ~ ` '
r
. v cl
A
~ r ~ Z► ~
~
Y ul RTi fi
1 ~
G~ ~ • ~
.
c '
~ L-; IL tc '
~ ~ r~ • r ~ c3
~
t~
1 l►1.
r
~
Site Ptan
O~n510p
~
~
• „ ~ £ n v ~ 3 5
-
~
vol
X
i
.
T~06nu~~
A
q 11 43
. 1 z °t
. ~
+1A w
cYnA 0 1 w
rR ''~J i,:, IL
'
;
~ kD
a a
~ = .
SP~,~,~~;,:_.
aL:s
~
~
. j •
~t?q ~
~ .
c! ~
~
~
J
►
~
n
~f
1~7
4213931
Me:27j~~ ~ 02:29P
PAczFic, NW TIrLE GCa $8,00 spokane Cow M
When Recorded Return T-Q: GERALD L. BOPP Attorney at Law
7307 N. l]ivision, Suite 309
S ~kane, WA 99208
~o - Fscrow No. 980145 I.~B~~~
QUIT CLA~ DEED 'I`Hffi GRANTOR Tpjmrrc$ D. moaapsm as hia oeparate esGate for ana in ~
consideratian of I,ove and AffOCtion conveys ana quit claimB to TE1tENCE D.
THOMPSON and !CA?EMLEEu L. TflOMPSQAf, husbaad aad wife the following'
descrfbed real estate, s#.tuated in the Caunty of 5pokanef State vfWashfngton, tagether with a11 after acquireci tit1e of the grantor(s)
therein:
TSE SQUTH 140 FEET DF LOT 4, EXCEPT = WE$'i' 75 FEET TSIREflF; AND THF
WEST 15 FEET DF TffE SOL1fiH. 140 FEET OF L4T 3 ; FI4RXLLI 14DQITI4N+ AS PER
PLAT RECQRTwEA iN VOL'LTME 2 OF PLATB, PAGE 75;
SITN= YN THE COLTNTY dF SPDF-ANEr $TATE OF WASBINQTON,
AeoesBor's Tax Parce1 ID 45182,0814
DA D: tfl 229 199$
Terence D. Tlaompson '
5tate of WashidgtoA
County of Spokaxxe
I certify that I knaw or hava satisfactory evidence that T$reace 0.
Thompson ,is/are the #9rsan(a) who apgeared before me, and said parsoa(B)
acknow].edged that he eigned this instrument and acknowledged it ta be ]xis
~ free and voiuntary act fnr the uses and purposes rnentianed in this
~ instrument.
ru. -
Dated
~
~-6
s~ ~~~~~~,►4►~►...~ .-.r1,~~~~ Natary Public in and for the State of
co ~ti~~~ WashLngton, residing at ~
My appointment expiree: 1#f ;99~
71 d • .
~ ` .
:
i
/
}
+y~'~ • ~
ii ~
f~~~~'~ ~ ■ F~i*a ~
■■.#r
~F~ 0
~
~
i
.~+.y
ry~
~ I
W
❑
~+y
W
~
W
1;17
o -
I ~
. ~ ►
~
t ,Q i i
~
~ . ~
Vl 1
4 1
1
`
i
t 5
~.1
U V ~
,29K cAL~af-A-
4 4
~?a~ 50,54a GuS+. r~
cvszd~'~'".~ r'~ nAY ' i
6t 3
~ 4 - / e► -
~
~
~ ~ ~ ~
~
Parcel: 45182.9137
Owner: SMITH, HUGH T& ANITA M
CoOwner:
- 1Owner Address
LL11~Ynu LL0~ i~ ~»~~s
8016 E BOONE AVE SPOKANE WA 99212-2632 USA
~ eW ~.L•~~„ I . ~
.
Site Address
7921 E DE S M E T AV E SP O K A N E
Nlfl ~ ~ ~~i1~
Legal Description
' .
182544E115FTOFS1/20FNW1140FNW1140FSE1/40FNW114
n. • ~
& S65Ff OF W215FT OF NW114 OF NW1/4 OF SE1l4 OF NW114
.i~~ ow.in . u., ~n °
vat5,, ~
Llda.~
~ .,a,~ ~
1 ~ 4 4 •m ~
\ ' ~ ~w ' io
voc cc)
~ ~ •~m~~n I ' wn ~ n
QV f ` ' n~~'~~ "'•"Y ^ ~
-'T
~ ~ " ~ , , . ~ ~,.p • Q m,,. ~^.,.,R ` F . ~
Ot `
~ ; I,I u nny~ ~ ~ 1rn, ~ IYW p'~IYW
too,
, q j . .,H„~~tl ` ~
~,1P
Uo Ii1UA
~ o
P ~
v~ IC (OUAJ iceS
/
U V
~
Notice: This is not a legal document. Data depicted on this map is general & subject to constant revision. It is intended
for reference use only. Legal documents should be obtainetl from the appropriate agency.
i ' r 1 "1 `il► ,
~ ~ - - ~ - _ ! ' _ _ r4'
M ~ ~ ~ ~ ~ / #f 1 ~ ~ ~ ~ 1 171•
~
's~
! 0
72 p ' ~ ~j . ~ ~ ~ ' ~ 1 ~ 1 I , •M
7 ^
(J(~j ' _1 ► ~ '
♦--ri o1' . , ~ . ~
101 ~ f ~ 10 ~'5 ~ ' ~ • 1` ~
13 1 ~ c~ 16
~ t ~ / y ~ ~ ~ ~►~w 9~ 1~~~' .~+~'!,lio „ f ~ v
7 V f ~ 1 /(~m• }r~ ~ 11l.~ !~s
t
.4 - - ~ LA'.L -"~~1Sr~s~ _ 1,~J~~ _ - fiar~~•r,r ` _.s~~` ~
. ~
b° ~ N
y I ~
_ r ' S~~.~~ . ~ • ` ~ ~:~G .
N
' I f 'V ~ i ~ I ~ ~ ~ z ~3~~ ~Sf.~~( ~ ~ ~
~ ~ S' • 1 . •
7 T' , L
r • ~ w~-' -t
. - - - - ~ _ ' . t 3x - - ►_~?tt.s ~ "~~5~-. ~ ~
v `
py,0 ~ o R ~ 0 4 u=
F/ 5 r ,3 30-,,
m ~4s i' ~0 • ' - - - ~
s= MC ~ ~ MF ~ NIt , ~
71.1 gci 7 5l0~ I~ ~~5(l~~gs
• ~ ~ - ~
- - ~ • ~ ~ • f - ~s.y' .~.~~/~c- -y - _ . - , - ~iaA 1
.~p19~,'t~S~S12S/
, A
/ r-,
+ ~ •
t n 7 " ` ~ ~ .''~i~► '
` ~ - I ~ _ _ _ ~ ~ . • ~ .
j ~ ~ \ ~ w i?. ~ Y ,i,;5, 5►k cJ "~7 ~
A r
; ~~j ~ _ I•.,, 'b ~.~c. ~ ,,~c: h~ , ~
1 , i--- - • •'l~J~~ r ?~•~C rtia
3-,
~Le -o.ri:r
.
1 1 I ~ .,f I~ ~ ~ • ^ ~
i G ~ ~ - ~ . ~ * ( 'il! ~ ~I ~ ' ~ i
r . ~ .i ~ ' y' . / • ~ ~ y1 ~ ~ ~
00
) ! (~1 t _1 ~~f~.~ t ~ ^r 1 ~ ~ ~ `i✓4.~~y~
~ • 1 ~ L:•.',f , K' ~
.
ti V 1 l ~ ~ - - . s 1 ,Z ~r
~ ~ ~ • ` * ! ~ ~ R~►~
~ , ~
i ~ ~ ~ ~ f ' ! ` ~ . . ~1,~ j : ~ ~ 41 ~
Ty a I 40'. `~'Z .4 om-.~--~•
, • , f"§
~ -
i o« 110i&0• t
Parcel: 45182.0808
Owner: THOMPSON, TERENCE & KATHLEEN L
CoOwner;
a~ lK l il ~ l O: 7
Owner Address 51$2.~51 ~
15182.051
. +~~182.Ob I 3 4 l 82.On1l 1
1028 N ELLA RD SPOKANE WA 99212- \ 45192.9127 4~ I 82,0612
I
Site Address 1028 N ELLARD SPOKANE 451 ,9130 45 g2.9 4 5'g2'0 n
451~ )-dtq4,,4182.90' 0
Legal Description 95182.91 5182,9133~ 2.~?"1
~.~182.90~ 1 4~182.41
i5
FIORELU ADU B7 \ l
~ss2,o~i a ~ ~7 ~ 0
45182. _ 4S182.9i43
_ _ s Ilej ~5182.0 4 708
~OU4
i-'~ 182.100118
45182.08 1
' ~182.081 45182.0826 5182.10 45 2.11d03
r S f U~ i-ne w6f ~2.aso~ ~
~ 1 as g?.o .3 ' - j s 82. 23 , , .
s! ~ 7_~},~ - ~ 1 I a. R2 9 I
q.
45 8 2.12 ~
~"CD p~ (~►r~a•owN~r, 415182.082 1 z
CON 5C I io
3 .
45192.9176 T I ` _ ,
0
CC~~(Y i /U d ~e~/II/✓G~ ~~G r /V ~e f$2944~~~1 ~ 91
Pa~C~ N~.S 5`1dwS fro ~'~~5e 4518?,9U4~5! r
?
S 2.904 '
sr~ q 3 ,
68 19 ' 45182.9 4518?7; ~
pL(cc q~~
,
P ows as a~ uI1 l~1,1,~
,
~
~e
ad o ~ I~e ,9 9 q P,*s
ro . , ~
q
l~d
~
Notice: This is not a legal document. Data depicled on this map is general & subjeci 1o consianl revision It is intended
for referenCe u5e only. Leyal tlocurnents should be obtained from the appropriale agency.
't,
If~'ti11 . k~ . +r ~ 'y ' 3:
V : ~ ~ ' ' ~ " i.A
tW ~ . i' ~ i i :.L~`._ ~ ~
e tt , i~. . . ' . _ + t
f'
~ ' , ~t• . '
, ~ , • i' ~ . ± _ ,
~ ~ M lo - ~ ~L{"~~`~~ ~I i _•y « ~ ..L ~
. ~ - , ~ . .t ♦ Y~ ~ `j . ~ ~ ~f r _ ~ 1•
OV .~1~ ` ~ ~t i t''~ j' M' •r , ; ^ %
Y r ~ {t RK~ eA
,~s:Z' t Z 1• i f ,`.f•,,... _ 1~ ~ 4"" _ `
~ vv
~ ~r,~;!`' ~ + ~ _'y 5 . ~ R - ' ~ 1 ~ _ ` •i ~
.aM
~ ~ ~ " ~f..' yY ..'...t •
- ti , -yi~~;l:,, LAM;
+ ~ i li f-iJ~l? ~ •,r . c
~ ~ r c ;~I • " w M- ~
~ .e. j ~ . ` e ~ . ~ r~t. :1 ♦ a.7 I~ ~ Y~
. - ~ ~ ~ •I~ • ' ~ 8 _ I'r ' t
t~ F ~ ~ - ^J
(g{ 1 .
• ,~J~ ° ` .~w i.i•~'• yKIL ~t r.•~ ~ j~ ~ •
. ~ r 1 ~ ~ .tSt+ '•'r w~~~ 1 T ..k ' 'i
'-wA `
~ ~ ~ ~a, , ~ } II f ~ L~
• t,/.1~(t' • ~ ' • • r .
• ' i'~`• ' ~ I ~ ~ . ~
1 i. y
zt
~ ti. r ♦ ts ~ ~ . ~.i^ M~ _ 'f ~
~
- t
~ , .
it
1-•
~ / X~ ( •~w~: . L7~~ ` ~
Y~
1 ` • ~i~y• • ~
f ~ ` ~ ` ,~•T ' _ ~ i 1
• ~er~r' ~ W ~,t ~
, , • ~ _ - ? 1'~..
:.~.if ~,.~a~; ~'s~► ~I ~ ~
d „ ! ; t, _ ~ f ' + • ~~'i
. - ~ ` ~ • ~ r -=i r~C ~r.~..--- i,
ti ~l . ~ ~ - ~ ~"v ,I lf:i►
' . p'. I ~ ~ ' I 1 1 I) 1 ' _ _ ~ I _ ~ ` . ~ ~ • L ! ~ s _ ~ • r ~"7~.M
L ~ . ~+~.~.e~- 1 I: . ~j~ ` 1i, • ~ r ~ . ~ .1+ • t ~ ~.N''" s• i
. .~.ii _ ~ ~~t~ ~ ' i- ~~+~,-,--'+z-a.•z~-~ •~~~._=-4 - -
. - ~ . ~ • , . _ i-! 1 1 ~ #Al ~ I . ws+ ~ . _ _
`i
, . . ~ ;
; A ~ 09 ~ ~ -
~ ~ ~ p ~ ~j n ~ i" ~ ? - , _ _
~O J ~ • - A) . ~ i.,
] ~
`G..
2 J
- - " -I .U • ~ 90
~ ~o - - - ~ ~ ~
• .i~ ~ , ~ ~ ~ 1
101 60
16 Ap~,~ ~
1 ~1 ! y I ~ ~ lols . ~ ~ - ~ •
~ ~ _ ~ ~E . sL~ ~ ~ ,.iL,..~~"' ' ~►~1^...~
lism,
.
' L
~t34,; ~ . ~ .2u_4~.-~~~+}~- tm.f•L- "i%v,&A
;
IV. I~
r
~ 6 ~ • ` ~ ~
.N ~ ~
~ E
~ ► ~ 1- ~ ~ . z K~ ,~,~Y ~ 1
~ . •-79,2 ~ I ~ ~ a f ~s 6 0 .
ir/ o n r
049*
- ~ tft 1 F T ' ~t_ 1,• ~
R oO4 : u ~ .
~I R~ ! ~Lo MC i MA I MF
q(IS~
~ 7Y~.5 40~~ 1 c ~ 6_. ~
I • ..i2l~ ► ~ ~lif • ;
±
~
I - - - - - „ - - - '
o...31 ~-/J~~ ~~S~i ~
--1
~ ,
~ i '
,(~z
' ~ r .
`
~ ~
4 j
• ' //y..~ . A) r` ~ ~ fi.t: r.. 93cY ~ 3-
AlAte
t
; , } , r i•~,
~ ; ~ ~ ~ ~(d~1';~,~~i . ~ _ _ , f . • ~i T r
` , - - - ' ~ ~ ~ ~
A4
► , ! + 1 ~
• ~ .l~• r~I n L .
.~..-1~. .y..p ~ , ~ i- - - - : ' ~ ..yi • /L i r-1 .:t~ f.~ ' t~+ t;:. ~tre
. . ~ f ' 00 r r.. ~ ~7' 'r• - ' j. ~ 'J^,
• ` - • ~ AC ~ ~ r~.. • ~ ~ - ~ ' ~..~5~ S r~.~►
~ ~ i r ~ F , ~ . r1 ~ j t,•;-• j ~ f ' . i
r 1
OF:
,
~ 1J f/9 ~ " ~ ~ ~ ~ ~ _ i j ~ ~ _ t
• ~ _ _ , ~ ~ ~ ; ~~•i. '~i ~
_ , ~ ~ ( • f ~ N1 r'
~
L,i
~ ~ ~ ~ j ~
~
. ~ , • ~
, ~ . ; , _ , ~ h ~ ~ ~
~ , ~ ~ ~ f , y ~ ~ . : ~r • N.z~ .A
73itl r . Y~ ~ ~ ,e 1 ' t• l.~
JMA
_ ' _ ~ ~ t _ . L
~ •
, ~ p~ j~sia~•
l ~
` Sl OL1.C11 L~ ii Q_?•., RRINJ '
1026 W Broadway, Spokane WA 99260 (509) 477-3600
Land Use File T'SvAME Gc~ G~
AFPLICAN ~e c- e jc e e en1
{ _C u C ~ 0 ~ D~
BLDG# L- . 7-G.Uvvk,~SO/✓
,
OTHER # vIAIL .NG ADDRESS (0c) ,5 e(A~,., 1 C~Q
s T R /7-/7'// kk N e , w )q
, _ .
PARCEL # 18 0, PHONE - # 1 (5Q~l) 67 Z V ^ ((J Cl 7 T
,
ROAD iNAME De-SM(L-f PHOiNE - #2 7 7ya
C, , A* IMU - Co 3 ~
The following documents are needed before the Spokane County Engineer's Department can begin
proccssing yolir land use application as approved.
i c;o ec e .
~ RECORDED COPX OF DEED (with Auditors Stamp), DEED OF TRUST, contract or
` conveying instrument. These may be obtained from the County Auditor, 21ld floor of the
Coui-thouse.
x LEGAL DESCRIPTION (detailed and complete) of your access easement.
X A LISTING OF NAMES of individuals who will be signing the documents. These
individual names should appear as the person(s) legally sigi1 their name.
1 e c~ ~ . ~G~o ~ ~ so~✓ c-
►
ee Al Z_
~
~ A CU1tRENT ASSESSOR,S MAP which depicts the locatton of the properiy.
~ OWNERSHIP MICRO-RUN. These may be obtained from the County Assessors, 1 st
floor, of the Courthouse.
~ RECORD OF SURVFY or legal descriptions of parcels
Tlle iZCCessary documents will be prepared by the Engineer's Department, Right-of-way Section, upon
provision of the information noted above. You will be notified when the documents are ready for
signature. The documents may be sent to you, howevex, IT SHOULD BE NOTED THAT ALL
SICNATURES N'IUST BE NOTARI7ED. Tlie Engineer's Department does have notaries available if
you choose to sign the documents at oLir office.
Please call wllen ready X Please mail when ready
Notice to Public o Right-of-way
VeaSe_ COMMENTS Tkompavt<;
Right-of-way Agent Fonvard to you from w
k\tlnoticeTP ~
~ . .
~ •
` 4530425
~ 11N12000 o01341P
, SPOKANE CO EMGINEERING AGR $0.00 Sookane Co. WA
After Recording Return To: Spokane County Engineer
Attn.: Right of Way Department
Document Title: Notice to the Public No. 4
Granlor(s): TER.rNCE D. Ar1D KATN~,Fr~1 L. THOMPSON
- Grantee(s): Government, County of Spokane
' Legal Description: PTN. OF LOTS 7 & 4, FIORELLI ADDITION SEC.18 , TWN. 25 , RG. 44 EWM
Additional Legal Description: See Page 2
Assessor's Tax Parcel Number(X): 45182 . 081=9 AND 45182 . 0808 1 •
Reference Number: .
Log In Date: 10-24-00 Requested by: GREG Prepared by: RM Purpose: 'IC" OF "E" 09-00 RF NoM.: 1840-63 Road Name(h): DESMET ROAD
CL) - y -00 SPOKANE COUNTY DIVISION OF ENGINEERING
Spokane County, Washington
le
NO. 4
NOTICE TO THE PUBLIC
IN THE MATTER OF AGREEMENT WAIVING PROTEST TO FORMATION OF ROAD
IivIPROVEMEN i DISTRICT: KNOW f1LL MEN T3Y THESE PRESENTS, That
TERENCE D. THOMPSON and KATHLEEN L. THOMPSON, husband and wife,
being the owners of the following described lands in consideration of Mutual Benefits to be
hereafter derived do for themselves, their heirs, grantees and assigns, hereby agree to the
following:
There may be a need in the future to construct a public road to serve the lands herein described.
Said road shall be constructed in accordance with the then adopted Spokane County Road
Standards for public roads. Said road to follow, as near as practicable, the existing County road
right of way.
If additional right of way is required, the owners, their heirs and/or assigns agree to deliver to
Spokane County a properly signed and executed Right of Way Deed covering the required additional right of way.
The owners or successors in interest agree to authorize Spokane County to include the below
described property in a Road Improvement District (RID) and to support the formation of a Road
Improvement District for improvement of the road(s) described below by requesting and
authorizing Spokane County to place their name on a petition for formation of a Road
Improvement District pursuant to RCW 36.88.050, or by requesting and authorizing Spokane
County to cast their ballot in favor of a RID being formed under the resolution method pursuant
to RCW 36.88.030, and/or by not filing a protest against the formation of a RID being formed
under the alternative resolution method provided for in RCW 36.88.065 and Chapter 35.43
RCW.
t
4530425
. .
'M0212000 o 413 41 P
/ P SPOKANE C4 ENGINEERING AGR $0,00 Sookane Co, WA
IN WITNESS WHEREOF, WE have hereunto set oUR hand(s) and seal(s) tliis
day of QCTOBER , 2000 . By: sy-
TE NCE D. THOMPSON KAYH N . T MPSON
STATE OF W't1SHINGTON ) , COUNTY OF SPOKANE ) ss
I certify that I know or have satisfactory evidence that TERENCE D. AND KATHLEEN L. THOMPSON
~
Ow/are) the individual(s) who appeared before me, and said individual(s) acknowledged that
imkgtdthey signed this instrument, and acknowledged it as U~their free and voluntary act,
for the uses and purposes mentioned in the instrument.
Dated this day of OCTOBER 120 00 ,
NOT RY BLIC
In and for the State of Washington,
residing at Spokane.
••''ysoe jsf~;~ My appointment expires: ~ QY I
~dd ~
NOT.tRY u; v, =
: A; PUelrc
r •o
Of `'r ~ S~.`.`
f '•.,•0
rwforins\notice to public 4 reg notary\bc
3
. ~ ~
~
-
,
S P O K A N E C O U N'Y' Y
OFFICE OF THE HEARING EXAMINER MICHAEL C. DEtiIPSEY, CHIEF EXAMINER
November 2, 2000
Hugh T. Smith
8016 East Boone
Spolcane, WA 99212
T. D. Thompson
8003 East Cataldo
Spokane, WA 99212
RE: File for reconsideration
Gentlemen: -
Today, I received letters from both of you requesting that I reconsider my written
decision in the above matter dated October 9, 2000 in certain particulars.
~
The Hearing Examiner Rules of Procedure provide that the Hearing Examiner shall
have limited authority to reconsider or clarify a final decision, which shall be confined fio
addressing exceptional circumstances such as correcting clerical errors, fraud or obvious
ambiguity."
I'm surprised by Mr. Thompson's revelation that a large part of the business involves the
sale of ornamental fish, and the use of a number of tanks for both the fish and aquatic plants. Not
a word was said about such features of the home industry during the application process or at the
public hearing. At the hearing, the planner referenced 2 ponds on the site, which Mr. Thompson
testified had been removed, leaving the impression that the only ponds that would be developed
on the site were those shown on the site plan of record. Nothing was said about the display and
marketing of ornamental fish, not that this would have been fatal to approval of the application.
The standards for a home industry require that the use be camed out in a primary
residence or allowed in accessory, detached structures that are not, in total, larger than twice the
gross floor area of the existing residence. The only exception to this is screened storage areas
and window or outside displays approved by the Hearing Examiner. The standards also require
that the property retain its residential appearance in character.
It is imperative for the Examiner to know all existing and proposed structures that will
house the home industry and their location on the site, and what feah.ires of the home industry
will be visible to the public. The site plan should have shown all existing and proposed
stnichires and areas where the home industry would be carried out, and the location of all
existing and proposed outside displays. THIRD FLOOR PUBLIC WORKS BUiLDfNG
1026 WEST BROADWAY AV0IUE, SPOKAvE, WASHIlVGTOtv 99260-0245
PHONE: (509) 477-7490 o Ffvc: (509) 477-7478 9 TDD: (509) 477-7133
CUE-9-00
, IVovember 2, 2000
Page 2
The application form provided by the Division of Planning to the applicant is a generic
form used for all conditional use permits, variances and non-conforming uses. The current
form is inadequate, in that it does not address itself to the requirements for a home industry as a
conditional use, and provides only a few lines in which to describe the conditional use. The
Division should strongly consider revising the application form for a home industry so that it
requires applicants to address the various criteria for a home industry, which is the same in all
zones where a home industry is allowed as a conditional use.
Mr. Thompson did little to describe the conditional use when given the opportunity, both
in the application and in the environmental checklist (see page 5, question 11). With many home
industry applications, the applicant provides a letter to the Division of Planning that describes
operation of the proposed home industry in detail.
On several occasions Y have been compelled to place restrictions on a home industry,
where the scale and intensity of the commercial operations on the site would otherwise deprive
the property of its residential appearance and character, i.e. numbers of visitors to the site; size,
number and type of equipment and vehicles needed to operate the business on the site; excessive
traffic coming to and from the site, noise, hours of operation, etc. On a rare occasion, I have
denied a conditional use permit application for a home industry, based on such considerations.
Each case is different and requires separate consideration and conditions of approval.
In File No. CUN-8-98, cited by Mr. Thompson in his letter, the details and features of the
aquatic plants and aquarium fish home industry, including all proposed improvements, were
adequately disclosed through the site plan and photographs submitted by the applicant, and the
description of the project in the application. The setting was also entirely different, involving a
5-acre site in a semi-rural area, zoned Semi-Rural Residential-5 (SRR-5). There w-ere
comparatively few neighbors, no objectors of record, and direct access for the home industry was
along a Principal Arterial (Bigelow Gulch Road). Natural screening of the home industry was
provided by moderately steep slopes and existing evergreen trees on and around the site, and by
proposed or existing 6-foot high sight-obscuring fencing.
I also note that the applicant in File NO. CL1N-8-98 obtained the conditional use permit
before starting the home industry, unlike the present circumstances where the applicant expanded
. the business outside the confines of a home profession permit without the necessary conditional
use permit.
Mr. Thompson's letter minimizes the impact of his project on the neighborhood. My
decision found that some of Mr. Smith's concerns, as well as his tenants, regarding traffic and
parking along the right of way for the home industry had merit and were not trivial. Further, Mr.
Smith owns a substantial amount of residential properties adjacent to and near the site, some of
which depend on the same narrow county nght of way for access. A second property owner in
the vicinity also objected to the commercial aspects of the project.
CUE-9-00
November 2, 2000
Page 3
The sight-obscuring fencing required along the north property line of the site by my
decision can be reduced to 5 feet, provided it is not being used to screen storage for the home
industry. Storage for a home industry must either be enclosed in a building or behind a 6-foot
high si;ht-obscuring fence.
Responding to Mr. Smith's letter, he is correct that Z did not describe the DeSmet Avenue
right of way correctly. The right of way is only 25 feet wide, and has a length of 210 feet east of
Ella Road. Mr. Smith is also correct that the site plan of record fails to show DeSmet as lying
directly adjacent to the north boundary of the site. These facts do not change my decision, since
I assumed the traveled way within the right of way was narrow, and that allowing parking for
customers of the home industry within the right of way was creating a problern. I have no
authority to require the applicant to remove any "no parkinc," signs that he may have installed.
This concern needs to be addressed to County Engineering, who controls the right of way and
parking rights, except as specifically required for the home industry by the Examiner.
As far as Mr. Smith's concerns regarding the current gate being closed at different times,
the requirement for an adequate 24-hour internal access and turnaround, and installation of a
sight-obscunng fence along tfie north property line, should substantially alleviate these concerns.
With regard to the location of the dumpster on the subject property, and its possible obstruction
of the right of way during pick-up, I would lilce to hear from Mr. Thompson on that.
I will extend the appeal period in this matter, for possible reconsideration. I would ask
that 1V1r. ThonZpson submit a revised site plan illustrating all existing and filture strucriues and
significant improvements on the site, indicating which ones would be used for the home industry,
and the proposed location and number of any portable fish or aquatic tanks, and equipment used
in the home industry. The site plan should also show the correct location for DeSmet Avenue
and its width adj acent to the site, a plan for internal access, and required fencing. He should also
state whether the tanks will be used for display, storage or direct sale of fish or plants. Any items
of equipment to be stored outside should be described.
I would ask that Mr. Thompson submit the above information to my office by no later
than 4:30 p.m. on Friday, November 17, 2000. Mr. Smith and other parties of record receiving a
copy of this letter may also respond within this time frame.
You m_ay submit your comments directly to my office, by letter or by facsimile.
I4owever, the response must be actually received by the deadline indicated. I will decide on how
to further proceed after such deadline is reached.
Sincerely,
r . 4~1
Michael C. Dempsey
Hearing Examiner
Enclosures
c: Deanna Walter, Division of Planning
Scott Engelhard, Division of Engineering
Other parties of record
.
October 30th 20000 REEC E I V E D
SPOKANE CUUNTY
To: Spokane Counry Heanng Examiner. _
0 CT 31' 2000
Re: Request to Reconsider decision on CUE-9-00 pIVIS10N C?F PLANNlNG
Dear Sir,
Last year at this time we hired Dwight Hume and J.U.B. Engineering to take care of this pernut process for us.
In March, after having spent $450 with nothing having been done, we realized that we would have to do it
ourselves. We were advised by the county's planning department that it was not a difficult process and we did
not need help to do it. It was a diff'icult a process, I had never done a site plan before and was not sure what was
required. Since your decision holds us strictly to the site plan that was filed, it is imperative that the site plan
be accurate. As I stated I had never drawn a site plan before and didn't understand what was required. We had
operated our business for 5 years with the home occupation permit and was under the impression that the new
permit was to allow the use of an unattached building. When I was instructed to draw a site plan I believed it
was to show the "PLAN" for the use of the building and access to and from Desmet Ave. I thought I had to
show permanent structures but not movable obiects. There are several movable components to our business that
are required in the operation of our business that are not shown on the site plan. A large part of our business is
the sale of ornamental fish. The tanks we use for this purpose are not permanent structures and therefore were
not shown on the site plan. We have the same situation with the tanks for aquatic plants. The entrance to the
site that we have used for 5 years is not shown on the site plan either. It was discussed during the hearing but it
does not show on the site plan. We have put a lot of time and money into the hearing and permit process, I don't
wish to be in violation of the permit before we even start simply because I didn't know how to draw a site plan.
I believe that the county is doing an injustice to applicants by not advising them to use an enbineer and attorney
for such an important process.
We are also concerned that we have not been treated fairly in this process as business's requiring the conditional
use permit in our immediate area ( I believe there are about 6 within a half mile) have not been given the same
requirements or restrictions as we have. If you would, please check the hearing and decision for an identical
business as ours. CU-8-98 for Koi Gardens, 6903 E. Weile in Spokane. This is an identical business, in a
similar situation and even has the same customer base. They have not had the same limitations and restrictions
imposed on them.
I was going to appeal this decision but was told that it is a very expensive process. This is a small business that
we had hoped to make a smali income after retirement. We cannot afford to spend anymore money on permits
or appeals.
We are able to comply with the requirements for handicap access and we can comply with providing a 24 hour a
day 7 day a week turn around for traff'ic. We can comply with the site obscurin~ fence, although we just spent
$1100 to build the chain link fence. It is however 5 feet tall not 6. We would ask that you reconsider the 6 foot
requirement and allow a 5 foot fence.
I ask that you reconsider holding us to the filed site plan as there is no way we can operate our business without
the necessary equipment that is moveable and not shown on the site plan. Or at least allow us to file an
amended site plan showing the locations of everything, including moveable objects that are required in our
business. This was mentioned at the hearing when Ms. Walter stated there were two ponds located by the north
end of the property that did not show on the site plan and I stated that they had been moved.
' I would also ask that you not restrict us as far as building space (square footage) beyond the limits set for the
home industry permits, I believe that is two times the square footage of the home. There is no objection to our
business by anyone in the neighborhood except for Mr. Smith and his only real objection is that he cannot have
his business so NO ONE will have a business there.
As far as the impact on the neighborhood, if our business was not there, the nei~hbors would be looking at what
was there before..... a weed infested garbage strewn junk yard. Our business is an asset to the neighborhood and
offends NO ONE.
Thank you for considering these requests.
Sincerely
T.D. Thompson
Blue Iris Water Gardens
RECENED.
SPOKANE COUN-j"'Y
OCT 3 - 2000
DIvisIoN oF F~~~IiN~1
. ~E f;E iV~0 .~.)P CKA N E C \^.':J,~a41 1
1 ( ,
HUGH T. SMITH ;M,;;f
8016 E. Boone Spokane, WA . , 99212
D!V1S€fJN Or P~ANt~ING
October 31, 2000
Michael e . Dempsey
Spokane e ounty Hearing Examiner
PROJECT FILE #CUE-09-00
RE s C ONDITIONAI, USE PERMIT FOR HOTAE INDUSTRY
Date application submitted: t+flay 10,2000
ERRORS in site plan: Lxhibit #1
Shows Desmet Ave. not in right location
Shows no outbuilding on site plan. There is one on the propert.y_
There is no address as 7910 E. Desmet per mail carrier.
Desmet Ave is not 300 feet long as is stated in application.
Copy enclosed, highlighted. `
Exhibit #2s Spokane County Hearing Exa.rniner: RE: File #CUE-09-00,
dated Oct. 9,2000.:
Has the same errors in this document; also has errors in regards to
Desmet Ave. See page 2 of their summary of proposal and decision.
See Smith's letter dated Aug. 1,00; exhibit #4, enclosed with
highlighted areas.
Both ofl these documents were sent out by Spokane Hearing Examiner:
#l was sent to all people 400 feet from CUE-09-00. Decision #2 and 5
were sent out to people who spoke at the hearing. These people should
be sent corrected copies to they can be correctly informed of written
information used to make this decision.
Some of the things not right at this time:
He has a shed on property as per photo #3 (enclosed).
Exhibit #5: On page #10..applicant testified dumpster was used only by
the renters of his residence located at 1028 N. Ella Rd. This dump-
ster is now on the inside of the compound, $o this was a misstatement
on his part. If the duinpster is put out in street to be picked up
by garbage company, the dumpster takes up one lane of travelz this
blocks one lane of this narrow 25-foot wide unimproved street.
Also, he has put up "NO PARKING" signs. Engineer's office says he
can not do this. I would like them removed. iy friends and I have a
right to park on this street. There are more things that should be
addressed beforE this becomes final.
. .
:lichael C. Demp-sey
Spokane C ounty Hearing Exarniner Page 2
One other thing:, the gate is dZosed at different times when it
should be open all the time. This eauses more cars to turn
arourid on my property in front of my duplex. Even when gate is
open,drivers see they don't want to go into his business, so they
drive onto my..;property to turn around because cars are iri the
way in his driveway or for some other reason.
I can get no satisfaction on anythibg i°`rom Division of Current Planning
representative, Deanna Walter. Al1 she says about the errors in these
papers is to get a lawyer and go to court. I thinli this can be cleaned
up without going to court and before permit is issucd.
iVir. Dempsey, please reply to this letter. I would appreciate it and
want to thank you for all your time.
Sincerel
Hugh T. Smith
property owner of 7921-7923 E. Desmet
C-~
ite
S
~
-
. ,
- ` ~ - ~
~ ~
,
's n t z 4~..~-
+ s s
. ~ ~ ~ :t' }
~ O
~ ' ~ ~n ^~S ~f^~
~ •1 ~ . ra'~`} R~~R~y "11
~ . ~
• >>a
~ ' 13
J ~
r,
.i '
~
~
s ~ -
~ i,~'j f' t~ •
5tte Pla« (
Q5n5/00 i .
-AmAno
\
. , •y
• .
Site Description: The subject property is approximately .96 acre in size, irregular in shape
and relatively flat in topogzaphy. The site and adjoining lots are part of a subdivision recorded
in 1954. The lot lying dzrectly west of the northwest portion of the site, which fronts along Ella
' Road and DeSmet Avenue, was origi.nally part of a Iarger parcel that included the northwest
portion of the site. Such adjacent lot is improved with a single-family home, which is owned by
the applicant and is currently being rented out to others. The address for the residence is 1028 N.
Eila Road. In 1999, the northwest portion of the site was segregated from the adj acent parcel to
the west by a lot line adjustment. The parcels making up the site were recently aggregated, in
order to meet the approvai eriteria for a home industry conditional use permit in the UR-3.5 zone.
The northwest portion of the site contains an accessory building/shop, which previously
served as a detached garage for the home at 1028 N. Ella Road. The south end of the site, which
fronts along Cataldo_Avenue, is improved with a single-family residence and attached garage. -
Tb.e northwest end of the site fronts along DeSmet Avenue for approximately 70 feet.
County Assessor records indicate the existing residence as having a main floor area of
approximately 825 square feet, and the detached shop as having a fooCprint on the ground of
approximately 1,040 square feet.' The residence is served by public water and was recently
connected to pubiic sewer, along Cataldo Avenue. The site also has access to well water from
the applicant's adjoining property to the west, via an easement on the west property line. The
detached shop contains no restroom facilities or watez service, and is not connected to public
sewer. A portable toilet has been placed near the shop. A commercial water garden/pond supply
business is currently being operated out of the shop, known as "Blue Iris Water Gardens", •
without a required conditional use peimit for a home industry. The applicant has been issued a
home profession permit by the County, which restricts operation of the business to the residence
on the site. File HPE-8-96.
The middle east part of the property is improved with Iandscaped ponds (water gardens),
with nearby benches for seating, an.d a 12-foot by I4-foot Japanese tea house. The rear yard of
the site is enclosed by sight-obscuring wood fenczng, except for the exterior borders of the
northwest extension of the site, where see-through cyclone fencing is found. Signage for the
business is illustrated along the west face of the shop and on the entrance gate along DeSmet
~Avenue. The northwest_portion of the site around,the shop is graveled and has.,room for_p-arinQ.
The Hearing Examiner obsezved some outdoor storage on the pzoperty during a site visit, along
the north property line and near the shop. Development of the site is visible in the photos
included in Exhibits A, B, E and F.
Area Road System: Broadway Avenue, Iocated one block south of the site, Park Road, located
a quarter mile west of the site, and Argonne and Mullan Roads, located .7 miles to the east, are
all designated as Principal Arterials by the County Artenal Road Plan. Vista Road, Iocated a
block and one-half to the east, is designated as a Collector Arterial. Interstate 90 zs located .2
mile north of the site, at its closest point. The State of Washington is currently in the process of
widenina I-90 in the area, and installing a bridge over the freeway for Par d. DeSmet
Avenue is an unpaved, ur -aintained county right of way with a idth of 65 fe and a traveled ~
~ width o f approxiznatel ?5tee
HE Findings, Conclusions and Decision CLTE-9-00 Page 2
ilplp
a
rr a ,
14 1
Fl~,w ~F
; ~ `4 •N'~. }4~~ j * ~ ~
~t~. ~ . ♦~S♦ '~t', !
d N{ L~alt ~ + L 14
~ • ' r ~ 1a' ~ t3 b ~11E ~
► , : u;~ i, ~ .
} • ~ T~ ` #~~i - ~ v`
. i ~ ~ ~ 't~,• ,K. ~ •J ~
~ .~:1, { a~ ,v,~.;~, ~
; t' ~ .,~~s;~; ~ •e-. ~i , y `C, '
",✓f~rr~ r•i ~ ~ A1`~ ~
' 4k
~
. . Gg T. SMITH RecF1VED
01 E Boone COUNN
Spokane, ~VA. , 99212 SPO~MR oC, A~:g~~~~., 200~
%pokane C ounty Division of Planning J ~~I~IG
1026 w. Broadway Ave DlYl51~S ~r P~
Spokane, WA., 99260-0050
Pro ject File Number: CUE-09-00 Property owner: Terrance D& Kathleen Thompson
E 8003 Cataldo,Spokane, WA The address 7910:.E. Desmet doe$ not have a sewer•°::. hook-up; no public
water, only a well; has a septic tank and drainfield that is too close
together, (POLLUTION?) This 7910 E. Desmet is within 50 feet of a well.
Desmet Aeenu;+; Z~ is oniy 25 feet wide and is not maintained by county.
I owm a duplex on this street: 7921 and 7923 that fronts on N. $ide of
Desmet and the county has told me for over 40 years they do not take
care vf --~We street. I have taken care of it. The house on the corner of N. Ella and E. Deemet owned by the Thompsons
is not hooked up to sewer as we and our neighbors were required to do.
They have a blue toilet for custmmers that does not belong in our
neighborhood; it is an eyesore. Also, ha.ve a large garbage dumpster on
Desmet Ave, which ob.structs street to our duplex. There is not room
for turn-around for tr-a-ffic without encroaching on my propertyj parked
cars block traffic. Tia-s impedes necessary traffic to my rentals.
The building at 7910 E. Desmet was used as a meth lab in 1997-1998 and
the authorities busted i-t (shown on TV news) Building never was cleaned
up by proper authorities.
Sincerely,
- Hugh T. Smith
r
. / ,
~
~
/ .
• e
is designated in the UTA. T`he County Planning Director may waive the paving requirement
within the UTA, upon recommendations by County Engineering and the Spokane Air Poilution
Control Authority (SCAPCA), if the applicant can demonstrate that the proposed surfacing, such
,
as grass pavers or other technology, will not adversely affect air quality, water quality or the t,rintegrity of the parking area.
County Engineering has considerable discretion over county roads under the County Road
Standards and the Spokane County Code, including the use of non-maintained county rights of
way such as DeSmet Avenue for private access. The increase in vehicie trips along the DeSmet
right of way for the home industry provides a sufficient basis for County Engineering to require
improvements to the right of way, if found to be necessary through an administrative review `
process. Compliance with County Engineering condition of approval #1 may necessitate that the
applicant pave DeSmet Avenue. See testimony of Scott Engelhard.
j - - - • - - . - - . .
iMr. Smith also expressed concem that the shop was not connected to public sewer or public
b~ water, and was not handicap accessible. The County Health District conditions of approval
prohibit the use of any individual on-site sewage system for the home industry, and require that a
public sewer system and a public water system be made available for the project. The Hearing
Examiner has added a condition of approval requiring the'applicant to immediately remove the
~ portable toilet from the s~p. The County Health District condition would appear to prohibit the
applicant from serving tne shop on the site with well water, in lieu of a connection to public
water. Such conditions may allow the applicant to irrigate the site with well water. Convincing
evidence was presented at the public hearing that the residence on the site is connected to public
sewer and water. The applicant tesrifzed that the shop was at ground level and had a ramp installed for
handicap access, and that his son was bound to a wheelchair and could get around the project site
without difficulty. Whether the home industry complies with or is subject to applicable "barrier
free" handicap requirements is unlonown. The Examiner has added a conditzon of approval
requiring the applicant to contact the Division of Building and Code Enforcement, to ensure that
any barrier fzee requirements applicable to the home industry are complied with.
Mr. Smith also contended that the shop did not meet setback requiremenis, which he stated
to be 25. fe.et,from the property line if used as a business with a separate address. County .
Planning staff stated that the north property line was a side yard Iine, not a front yard line. The
side yard setback requirement in the UR-3.5 zone is five (5) feet. The shop is setback 20 feet
from the north property line. Structure setbacks for uses adjacent to a recorded driveway
easement are established from the iruler edge of the driveway easement and calculated as a side
yard setback. The access easement or license that the applicant needs from County Engineering
to access DeSmet Avenue for the home industry is akin to a driveway easement. The shop
appears to meet setback requirements.
, Mr. Smith further objected to the dumpster placed just west of the site, adjacent to or within
~
the DeSmet Avenue right of way. The applicant testif ed that the dumpster was used oniy by the
renters of his residence located at 1028 N. Ella Road. The Examiner agrees that if the durnpster
' is used for the home industry, it should be kept out of the right of way, except for pick-up by the
solid waster system. A condition of approval has been added in this regard.
HE Findings, Conclusions and Decision 57 CLTE-9-00 Page 10