VE-34-92
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~~~~.~rD ~
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~ JAN 1 2 1993
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zoNnNG AnJusTOR
SPUKANE CaUNTY9 WA5HINGTUN
IN THE MATTER OF A VARIANCE FROM A )
SANDBLASTING REQUIREMENT THAT AS )
AN ACCESSaRY USE BE C4NFINED ) FINDINGS C3F FACT,
WITHIN THE FRIMA►RY USE STRIJ'CTURE ) CUNCLUSIUNS,
FILE; VE-34-92 ) AN'D DECISION
APFLICANT: WESTERN SYSTEMS & )
FABRICATIUN, INC. )
CUMPANI4N FILE(5): ZE-141-76 )
PARCEL NUMBER(5): 45085.0191 )
APPILICA'TION I~~~CP"rIQlll: The applzcant praposes to conduct a sandblastmg
aperab.on in an existing structure which is not the strucfiure housmg the pnmary use; whereas,
section 14 632 220.4. a. af the Zomng Code of Spvkane County requvres an accessvey use of
tba.s type to be wholly contained wlthin the structure housvn.g the pnmary use Authonty to
consider such a request eausts pursuant ta secnon 14.404.080 of the Zaning Code of Spokane
Caunty and Spokane County Board of County Comnrussioners resolunan No. 89 0708, as
may be amended.
PRQJECT L4CA,TIUN: East central Spokane County, m the Spokane Valley, west of and
a.djacent to Urnversity Road and approximately 300 feet sauth of Montgomery Dnve, in E 1/2
of Seetion 8, Tawnship 25N, Range 44 EWM; 2403 N. UIllVeISlty RUad
UPPQNENTS OF RECORD: NONE
P[JBLIC HEARING AND I)ECISIaN: After consideration of aIl available informanvn
on file, exhibits subautted and testimony recelved dunng the course of the public heanng held
on December 23, 1992, the Zcming Adjustor renrdered a wntten decision vn January ,
1993 to APPRCIVE the application as set forth in the file documents and as conclitaoned below
FINDINGS (1F FACT AND CONCLi7SIONS
1 Tesumony was taken under oath
2. The proposal is descnbed above and detail+ed in documents contamed i.n the file
,
3. In comphance wtth RCVV 36 70.450, the Plannmg Department determined that this
proposal is generally consxstent, as condiaoned, with the Industnal category of the
Comprehensive Plan Secnon 21, Transportation, of the Comprehensive Plan is the County's
Artenal Roa.d Plan The Artenal Road Plan designates tus stretch of Universlty Road as a
'Pnn.cipal Artenal anthvut Controiled Access' The present nght of way width is 60 feet The
proposed designated nght of way is 130 feet The requested vanance is not gaing to have a
direct unpact on the traffic generated at this facxlity, so there is not nexus to jusa€y dedxcaaon of
additionai nght af way. However, it xs apprQpnate to noufy the apphcant that the future nght
of way width wxll likely require the acqu2sition of a portion of the property aiong Uruversity
Road and, fiuther, that the apphcant be advrsed that construction of lmprovements unthui that
futwre nght of way acquusitxon would be ill advised
1
CASE NO. VE-3492 SPOK:ANE COUNTY ZONIlVG ADNSTOR PAGE 2
4. The site is zoned Light Industnal (I-2), which allows the proposed use upon
approval of this apphcation.
5. The existing land uses in the area of the proposal include general industnal and
heavy~intense business, all of which are compatible with the proposal.
6. The proposal is exempt from the provisions of the Washington State Envuonmental
Pohcy Act, Chapter 43.21C RCW pursuant to WAC 197-11-800 (6) (b).
7. The reasons for granting the vanance, as setforth by the applicant, are as follows.
a. The Zoning Code, Section 14. 632.220.4., allows sandblasting as an
a,ccessory use. It requires sandblasting to be wholly contamed wndun the
pnmary use structure; however, since the outdoor sandblasting predates the
Zoning Code at this site, outdoor sandblasting is allowed to continue as an
nonconfornung activity/use.
b. Due to the location of a water maln between the existing accessory btulding
and the primary use structure, the accessory buiiding cannot be attached to the
pnmary use buflding, as a means of complying with the Zonuig Code.
c. The health, safety and general welfare will be unproved by having a noxious,
nuisance/type activity occumng mside a build.ing instead of outside.
d. The property wlll became more envunnmentally sensitive and energy
conservuig as a result of granting the variance The noise and dust will be
more controllable, this being less of a pollutant and less energy will be
expended to clean up the sandblasting mess which presently occurs at the site
e No adjacent property vvill be inconveruenced or harmed by the granting of the
vanance. To the contrary, adjacent propemes will benefit from the granting
of the vanance
8. The Zonulg Adjustor concurs with the apphcant's reasons in support of the vanance
7 above).
9. Rohan, in Zorung and Land Use Controls, § 43.02 [5], states that over the years a
number of factors have been considered by courts with respect to granting vanances These
include: (1) whether strict comphance wnth the terms of the ordulance will preclude a pernutted
use from being pursued; (2) whether the land will yield a reasonable return, (3) the degree to
wluch the applicant seeks to vary from the ordinance, (4) the degree of harm which will be
imposed on the surroundu►g area if the vanance is granted, (5) whether some other method can
be pursued to avozd the need for the vanance; (6) whether the difficulty is self unposed, and (7)
whether the uiterest of justice and the general welfare will be served Rohan contmues that no
factor alone controls and all must be considered. It is a balancing act of the competing mterest
between the landowner and the commuruty, as expressed through the zonuig document
RP-VE-34-92 Westem Systems Decision
1 ~
CASE NO. vE-34-92 SPOK:ANE COUNTY ZONIlVG A,DJUSTOR PAGE 3
As the Zoning Adjustor considered all the facts, testimony, relevant case law and
instrucave usefulness of Rohan's Zonuig and Land Use Controls, it is concluded that the
balancing test of compenng interest hes with approving the vanance.
10. The applicant is advised that Umversity Road, fronang on the east of the site, is a
"Principal arterial without Controlled Access" ui the County's adopted Artenal Road Plan As
such, it has a future right of way (R/VV) width of 130 feet (65 foot west of the present R/W
center luie); whereas Uruversity Road presently has a half R/W width of only 30 feet (verses
the future 65 feet). The implication here is that 35 feet of additional R/W will hkely be acquired
(future acquisition area) u1 years to come The applicant should :(a) consider not pumng
needed improvements in the area 35 feet from the present (Uruversity Road) propeny lme; and
(b) setting new structures another 35 feet back furm the future acqutsiticn area. (a total of 65
feet from the present property lule) An advising Title Notice should be filed with the Auditor
11. No adverse testunony or wntten comments were received regarding the proposal.
12. The apphcant has been made aware of the recommendations of vanous County
agencies reviewuig ttus project.
13 The proper legal requirements for advernsmg of the heanng before the Zonmg
Adjustor of Spokane County have been meL
DECISION
From the foregoing Finchngs and Conclusions, the Zonmg Adjustor APPROVES
the proposal as generally set forth in the file documents, subject to comphance with the
follovving
CONDITIONS OF APPROVAL
1. GENERAL
1. The followuig conditions shall apply to the apphcant, owner and successors in
interest and shall run vvith the land.
2. Faflure to comply with any of the condhtions of approvai contained ui this decision,
except as may be reheved by the Zonmg Adjustor, shall constitute a violation of the Zonmg
Code for Spokane County and be subject to such enforcement as is appropnate
3 The Zoiung Adjustor may admuustratively make minor adjustments to site plans or
the conciitions of approval as may be judged by the Zonmg Adjustor to be within the context of
the onginal decision.
RP-VE-34-92 Western Systems Decision
~ GASE NO. VE-3492 SPOK:ANE COUNTY 7ANIlVG ADJUSTOR PAGE 4
II. PLANNING DEPARTMENT
1. This parcel shall not be further subdivided unless consistent with RCW 58.17, the
various county subdivision regulations and the Spokane County Comprehensive Plan for the
area.
2. The applicant shall develop subject property generally in accardance wnthin the
concept presented to the Hearing Body. Variations, when approved by the Planrung
Director/designee, may be pernutted., including, but not limited to budding location, landscape
plans and general allowable uses of the permitted zone. All variations must conform to
regulations set forth in the Zoning Code for Spokane County, and the ongmal intent of the
development plans shall be maintained.
3. An advisory Tide Notice contairung the uiforniation of Finding of FactlConclusion
#10 shall be filed with the Spokane County Auditor.
M. DEPARTMENT OF BUILDINGS
1. The issuance of a change of use pemcut by the Department of Buildhngs is requued
2. Requirements of Fue Ihstrict No 1 need to be sarisfied dunng the builchng or
occupancy pernut process.
IV. DIVISION OF UTILITIES
None is needed.
V. HEALTH DISTRICT
None is needed.
VI. DIVISION OF ENGINEERING AND ROADS
None is needed.
VII. SPOKANE COUNTY AIR POLLUTION CONTROL AUTHORITY
1. The apphcant shall confer vvith the Authonty
NOTICE• PENDING COMPLETTON OF ALL CONDITIONS OF APPROVAL VVHIICH
NEED TO BE COMPLETED PRIOR TO PE;RNIIT ISSUANCE, PERMITS MAY BE
R.ELEASED PRIOR TO TBE LAPSE OF TBE TEN (10)-DAY APPEAL PERIOD
HOWEVER, TI-E COUNTY HAS NO LIABILITY FOR EXPENSES AND
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RP-VE-34-92 Western Systems Decision
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1 t
CASE NO vE-34-92 SPOK;ANE COUNTY ZONING ADJUSTOR PAGE 5
INCONVENIENCE INCURRED TI-E APPLICANT IF TFE PROJECT APPROVAL IS
OVERTURNED OR ALTERED UPON APPEAL.
G~
DATED ttus .11th day of January,1993
l -
, ,v-
THO . O HER, AICP
nuig A justar
Spo e Coun Washulgton
FILID:
1) Apphcant (CertifiedlReturn Receipt Mail)
2) Opponents of Record
3) Spokane Division of EngYneering and Roads
4) Spokane County Health Ihstnct
5) Spokane County Division of Utahnes
6) Spokane County Department of Buildings
7) Spokane County Fue Protection Distnct No. 1
8) Spokane County Air Pollunon Control Authonty
9) Planning Department Cross-reference File andlor Electronic File
NOTE: ONLY TI-E A,PPLICANT OR AN OPFONENT OF RECORD MAY FILE AN
APPEAL WITHIN TEN (10) GALENDAR DAYS 4F TI-E ABOVE DATE OF SIGNIlVG
APPEAL MUST BE ACCOMPANIED BY A$200 00 FEE. APPEALS MAY BE FILED AT
TBE SFOKANE COUNTY PL.ANIVING DEPART'1VENT, BROADWAY CENTRE
BUII.DING, NORTH 721 J]EFFERSON STREET, SPOK:ANE, WA 99260 (Section
14.412 042 of the Zonulg Code for Spokane County).
RP-VE-34-92 Western Systems Decision
BLDG. PERMIT # -or -FILE# 9' VEM~4-92
Itelated I;ilc # ( )
Date to Review 12-23•92 Time 9:00 # 1
Date to AA & DR Time
Date Received 11-23-92
Project Name SANDBL.ASTING/ADJACENT ACCESSORY I3LDG No. Lots No.Acres 2.5
-Section - Towns4,- Range
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SITE ADDRESS 2403 N UNIVERSITY/S MONTGOMERY DR PARCEL # 08541-0191
Applicant's Name WES"IT:1ZN SYSTF-MS & FA13-MARK CHOA'IT Phone # 448-3749
Address 2403 N UNIVERSITY -99206 Work # 922-1300
Date Conditions mailed 1,7 _ J- ;
Contact person Phone #
rLOOD ZONE Yes No 11
Engineer / Sunreyor's / Arc6itect's Nanie
Water Address
Sewer
School
Planning Contact Pcrson Phone # 456-2245
Date Submitted Descriptio❑ Initials
_ . ~
AGREEMENT TO PAY FEES COMPLE'IED & COI'Y TO ACCOUNTING
FINAL PLAT FEES COMPLETED & COPY "I'O ACCOUN"I7NG
NOTICE TO PUBLIC # 1 3 4 6 COMPLETED - OR NEEDS TO BE SIGNED
DESIGN DEVIATION SUBMITTED
ALTERATION TO PLAT - BLOCKS & LOTS
HEARING EXAM APPROVED DENIED- APPEALED BBC _APPROVED DENIED
~ n 6C `t Sc a l ( ~ 190 K E n 6 - ~''l 1't-r•l -2 t-~ ,
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F T T fflj CJ rM If, f~ ~ <
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k\p\t\review.ior
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K-3 ' t-i~ ~ I
LOA~WAY PLANNING DEPARTMENT
CENTRE BUILOING N 721 JEFFERSON STREET
T ' PHONE 456-2205
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SPOKANE, WASHINGTON 99260
't-k - ^ ✓ J i^T~ S- 17Q t~ ''~y~ ~ lllY Y/ ~r~ V ~ 0~~~ , U ~p ' V 154~(~
SPOKqNE COUNTY GOURT MOUSE -
NoToCE oF SpoaANE Co~~TV ZoNuNG a~~~SIroH p~IMLoC bEaRoaO
DATE: December 23, 1992
TI M E: 9:00 a. m or as soon thereafter as possible
PLACE Spokane County Planning Department
2nd Floor Hearing Room, Broadway Centre Burlding
721 North Jefferson Street
Spokane. WA 99260
AG EN DA ITEM 1 F i l e V E-34-92
VARIANCE FROM : REQUIREMENTS FOR SANDBLASTING AS AN ACCESSORY USE
LOCATION: East central Spokane County, in the Spokane Valley, west of and adjacent to
University Road and approximately 300 feet south of Montgomery Drive, in E 1/2 of Seciion
8, Township 25N, Range 44 EWM, 2403 N University Road
PROPOSAL: The applicant wishes to conduct a sandbiasting operation in an existing
structure which is not the structure housing the primary use, whereas, section
14 632 220.(4 a) of the Zoning Code of Spokane County requires an accessory use of this
type to be wholly contained within the structure housing the primary use
EXISTING ZONING• Light industrial (I-2)
SITE SIZE: Approximately 25 acres
APPLICANT: Mark Choate
Western Systems & Fabrication
2403 N University
Spokane, WA 99206
NOTE ONLY THE APPLICANT OR AN OPPONENT OF RECORD MAY FILE AN APPEAL WITHIN TEN (10)
CALENDAR DAYS OF THE DATE OF SIGNING OF A DECISION REGARDING THE ABOVE APPEAL MUST
BE FILED AT THE PLANNING DEPARTMENT, BROADWAY CENTRE BUILDING, NORTH 721 JEFFERSON
STREET, SPOKANE, WA 99260 APPEAL FEE IS $120 00 (Section 14 412 042 of the Zoning Code of
Spokane County)
SPOKA.NE COUNTY PLANNING DEPARTMENT
AP'PLYCATYON$ BEFnRE THE 7nNING AD.TUSTOR
Certificate of Exemption No.: CE- ILA - 86(A~ Application No.: ~
Name of Applicant: ma_r k r -hza t-. P Agent:(DN v Ps
Street Address: nT _ 94n? Tln i vPr.qi t-.y Rri_
Zip Phone - Home: _4AR 7 4 A
City: S~)QkanP State: Wa Code: 99Z-U Wotk:. 922-1300
Agent's No.:
Name of Property Owner(s): Mic"izael L. Torre/ General Disposal Corp.
StreetAddress: N. 2403 Universitv Rd
Zip Phone - Home:
City: Spokane State: Wa Code: 99206 Work: 922-1300
TED ACTION(S) (Circle appropriate action):
e s Conditional Use Pennit Expansion of a
Other: Nonconfornung Use
FOR STAFF USE ONLY
Violation/
Enforcement: Y N,
Township G~. Range
Section-Cp
~Ll
•Lot and legal checked by: •Easement 1ega1 checked by:
•CV~SSA Water (puxveyor): ` uro h~r`~~' , •ULID Agreement needed: Y
•Existing zone: Cite APPlic~ble Section: . ~03 Z- G 7- d ,Q.
~
•Arterial Road Plan designation: /,0ViUj v •Comp. Plan designation 41
•Fize District: ~ i •Persodnel doing preapp conf.:
•Other/previous Plannin Department actio s involv~~in this rope
~~e
•Hearing Date: / %9 •Maint. a~greement checked by:
ABOUT THE PROPERTY
:Existing u seofproperty: ~sanufacturina/Sandblastina
Describe proposed use of the property: . SAME
•If a variance pli ati n stateM C e standard and describe the variance sought in comparable
telms : t E1aLa T,r i sb t.c m o v A tlip ; i o n
into an existinq buildinct that is not wr.ollv contained wit in
the primary use buildinct.
a conditional use pernut application, does proposal meet all standards? Y N.
If not, has one or more variances been requested? Y N. .
•What is the size of the original parcel if this proposal is a recent or proposed division?
•Street address of property (if known): N. 2403 Un i ve r s i t y R d.
•Legal description of property (include easement, if a plicable): A:~ ,s i- ~~S :~s~yy
47 l'-~ t~. rl c C~ c~ C) b a~ f_= '4 ? -C~. 8,5-;,PX t 57~- ct,l d
s1 1(~ ,-s c- 112C Ff Sf'
) cl
•Parcel No(s).: 91
•Source of legal: -LlS.X.S-SO~ q~/•Total amount of adjoining land controlled~y this owner, s onsor and/or gent: Alo~or ox : 162, 360 s f
•What interest do you (applicant) hold in the property?
NONF . .G~
v ~
STATE OF WASHINGTON ) S S
COUNTY OF SPOK:AlVE }
I SWEAR, UNDER PENALTY OF PERJURY, THAT: (1) I AM TEE OWNER OF RECORD OR
AUTHORIZED AGENT FOR THE PROPOSED SITE; (2) IF NOT THE OWNER, WRITI'EN PERMISSION
FROM SAID OWNER AUTHORIZING MY ACTIONS ON HIS/HER BEHALF IS ATTACHED: AND (3)
ALL OF THE ABOVE RESPONSES AND THOSE ON SUPPORTIN OCUMENTS MADE
TRUTHFULLY AND TO THE BEST OF MY KNOWLEDGE.
~
f , Signed: - ~ / Address:v C ~
Phone No. : - Zashington, Date:
- N'~JT.~:Y Sa1t1l,: ' • / / Notr the sta~t~~ residing
. My aPPaintment exPires:
i
page 1 of 2
A. RURDEN CrF PROOF
Zt :s nc;ccssary tFor tile applicant or his/her representative to establish the reasons why the
" REQ7,.TIE-c TED A.CTION should be approved and to literally put forth the basic argument in favor
of approvzng *~ie application. Accordingly, you should have been given a form for your requested
a.c.:cr. (variance, conditional use, etc.) designed to help you present your case in a way which
addresses the criteria which the Zoning Adjustor must consider. Please fill the form out and return
it with your application.
B. SIGN-OFF BY COUNTY DEPARTMENTS AND OTHER AGENCIES
1. SPOKANE COUNTY HEALTH DISTRICT
a Proposed method of water supply:
b) Proposed method of sewage disposal:
A preliminary consultation has been held to discuss the propo al. The applicant has been informed
of requirements and standards. j~
(Signature) (Date) ~ (Sign-off Waived)
. ~
SPOKANE COUNTY ENGINEERING DEPARTMENT
~
A preliminary consultarion has been held to discuss the proposal. The applicant
has been vn of r uirem~.s.and standards.
/D`Z~ -1 z-
Z
(Signaiure) (Date) (Sign-off Waived)
. SPOKANE COUNTY UTILITIES DEPARTMENT (Planning Department may waive
, if outside VVWMA)
A preliminary consultation has been held to discuss the propo . )he applicant has been informed
of requirements and standards.
(Signature) (Date) (Sign-off Waived by Planning?)
The applicant is required to discuss the proposal with At,
to become inform6d of water system
requirements and standards. (See #4 below)
/
The applicant is required to cliscuss the ProPosal with
to become informed of sewage disposal
requirements and standards. (See #5 below)
WATER PURVEYOR:
a) The proposal k/'is not located within the boundary of our future service area.
b) The proposal i i not located within the boundary of our current district.
c) We are/are not able to serve this site with adequate water.
d) Satisfactory arrangements have/have not been made to serve this proposal.
(Signature) (Date) ~SEWERAGE PURVEYUR:
A preluninary consultation has been held to discuss the proposal. The applicant has been informed
of requirements and standards.
(Signature) (Date)
page 2 of 2
"L-%; APP
REN; 1/91
• . • ,
- ,
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VARIANCE BURDEN OF PROCJ►F FURNi
Namei. . C. ~ r' ' • J '.I ~ ~T`1 ~ ^ ` ~ ,,YJ I
Flle NlImber:
Avariance" is the means by which an adjusfiment is made in the application of th.e specifi.c
regulations of the zonuxg classxfzcation for a parti..cular (the subject) giece of property. Thi.s
property, because Qf speciai czrcumstances applicable to it, is deprived of privileges cvmmanl.y
enjayed hy other praperties in the vi.ciruty and in a similar zone cXassification. This acijustment
remedies the di_6erence in gTivileges. A variance shall nat authorize a use otherwise proh€bited in
the zone classxfication in vvhich the property is lacated.
The following questions will help to deterrnine the outcame vf your request. Your request requires
accurate and complete responses. First circle eithex the "yes" or the "no" answer(s) follmwing the
questions belcrw as they apply eca yaur situation and then explai.n as needed (in the space provxded)
to make youx unique situation cleax. Certa.in phrases from the Zoning Code of Spokane Caunty
section on varia,nces are included in these questions and are urYderlined fvr convena.erice.
A. Will this variance pennit a use wh.ich xs atherwise prohxbite,d i.n this zone? Yes CNo--'
Y~-y.y
,L..lt.plain. CLZL ~
J ~
f- ~ % , Ll-'• ~ . . ~ f ,I~ ~ L' i 3 `-7 ~ ! S-- ~ C' C ~ f7 72r1 7 ~ t % J If ~ : ' 1 f AL-
11 /
,li. . A:', .J,} ~,..`e~``4'I/w~ i ~C~!iI' " E ~ J r~% f r :%a • ~ ~ ~i C-l,~~;r' c~
B. Axe there apecial circumstances Got szze, shapt, tapography, location, access,
suxrouzzdings, etc.} which apply ta the subject property and vvhich may not ~
apply to other praperties in the vicinitv? t~Yes) No
;
Explain: 1)uf A, A,/; 161,
~~ff ,'F.!
C. Is the subject properry dUrived of nrivileggs cornmonlv eni r ther ,
~rties in the vicinit ,r and in a similar zc~ne clas;~ific2~tic~n? Yes (No~
Explazn: .
.
D. 'Will this variance be harrnful to the public welfare or to other properties in 1$~ ~
the vicinity and a sirniiar zone classification? Yes ~VI '
~
r~
f' ~ 7cl
Expiain. ,
i,1 r{ ,f~.,i-ri/~'Ify)~/~-~ fjl ~ f:,'i.~,r `:r -~4/f~L%~•
y in asirrpx milar zone clUsificgtion? Yes
E. Are there other similar sxtuations m the vicinit
Are they perrnitted uses? Yes No Are they "nonconfonmin g'' usfs? Yes
Explain:
F. Caulci the subject property be put ta a reasanable and permitted use by yQU or anvther
persQn withaut the requested vari.ance? es) No
T
Exi~}1ain. A ~ i , ' ! • i 1 r j ~ ~ ) , r rfi]! ~7 C' ~3. S t `1 ~i ~ f t : - .!l C! / ! /
v t
G. Lf this request is grante.d, wi.ll the subject property be more envu-anmentally
sensiti.ve, energy conserving, or will it promote the use of an histozie property?~~ Nv
EXpla1n. `115 G~:r If~ 1.+rl:.kC "7A
. 7` r~/1,/ •
_ i , r f ' ~G•'~ C . ?ri, , ~ f- _ ~ ) . ; 7 ' Ir'. r / ,1 ~l ~ ~ J
1 r t t,~; ~ /i,"! r F,.4- r~u-r . r (-PI)
Po;e 1 of 2
H. If this wariance is gz-anted, will the broader public need or interest be served? ~ No
Expiain: V< <m
I. Will [his variance be inconsistent widi the purpose of the zQning which applzes to the
subject property? Yes (N70-)
Explain; ~~,f ~I/CJI..Lr't'f:7G'
,
f[r'~ ~311 fd f~. S~° ".TC1 r~lL^~~- ~ a f r7
1-7
J. Will appxoval of this var3.ance grant to the subject property the privileges of a different zone
classx~.carion (zn ather words wGUId thks he a"de facta" zone change}? Yes rN-OD
Explain: %/1/s !JU l t.-, 14i 6r%. L71- r:c~'i
f .
K. Will this v,ax-iance be inconsistent with the general purpase and intent vf the
Cvmprehensive Plan? yes ~
Explain:
L. Is this variance required for a xeasvnable ecanarnic return frvm the subject
praperty or is the existing structure tcao small? ryra
EXpla1.11: C.2 ti I~/ft s / 0 cf c%~c~~~r f4 /t,- 17,1111-7
~
y (~'r,t]iil7fl ff? /"v't,;7r;~. %.h15 ci4) ~IIr?Cr1 /g
/t7~C~ C: L~~c'.'YJ~T ~;~~177c=,•/I(' j l"l r~~:7iGi ~ L~~L'/C.~ i'rt~Ci/1C.+.•)%~~Fi ~I~. ~}✓✓T- C~!'.3r~: .S~S~~/!"J~ ,
M. Did the r c' aI difficultv which caused yau to apply for this variance exist
before you owned the subject property? [y~ No
~
Explain: _1 ~1V L; .e 1i f' C"f:-~ r .s L C ' ~ f 49
r ~
N. If appraved, would this variance affect land use density regulations which exist
to prvtect the Rathdruml'Spakane Aqui.fer? Yes ~o ~
Explain:
The fQllowing space is for further explanation. A.ttach an additional page(s) if needed.
YQU are invited to present addirianal photographs, diagxams, maps, charts, etc, i.n suppvrt af this
application. We have the equzpment to clisplay videa tapes. No such add.itional material is requi.red
and in any case zt must be BRIEF and descriprive of issues which need to be considered in zelation
to this requested variance. If yQU have questions about the procedure to be follvwed feel free to
cantact the Sgokane County Planning Departznent at 45+6-2205.
RP-vARLkNcE; BrrRnEN aF PtoaF FoRM Page 2 of 2
REV; 5/92
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. Western
WESTERN SrSTEMS b FABAiCaTION
Systems&
SPOKANE WA
Fabrication
VARIANCE BURDEN Or PROqF
COVER LETTER
Re: Code Variance
Western Systems & Fabrication is seeking a variance to move our
sandblasting operation into an existinR storage Uuxlding. At fihe
present time the zoning codes allow sandblasting to be done
either outdvors or as stated in 14.632.220 a facility "wholly
contained within the structure housing the primary use". We
wish to move the sandblasting indoors for a number of reasons.
First, as sandblasting is a mRjor part of our business, this
would allow Western Systems to blast year around The way it is
now, we can only blast about 9 months per year Secondly, moving
the blasting operRtion into a building would be beneficial to the
environment as well as the surrounding businesses The building
would provide for containment of the sand that presently is
allowed to fly around freely, as well as reducing any noise
pollution that may be caused by such an operation. Therefore, a
variance to this code would provide both economic and
environmental benefits to the community.
The other option to come into compliance wtth the codes would be
to simply connect the two buxldings. However, in our case this
cannot be done. There is a fire water main that runs between the
two burldings, and when we built the storage structure we were
required to maintain the 24' spacing of the buildings. So the
choices are limited to Western Systems & Fabrlcation sandblasting
outside, or receiving a variance to allow us to blast indoors in
a building that the onlv reason we can't do it now is that it is
not "wholly contained in the building of primary use".
N A p
MEMBER MEMBER
NOFiTH 2403 UNIVERSITY ROAD • SPOKANE WASHINGTON 99206 • TELEPHONE (509) 922-1300 • 1-500-456-7886
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,f y Vi VJL~Cll\L VOUNTY i G DEPARTMENT
APPLICATIONS BEFORE THE ZONING AD.TUSTOR
App-lication No.:
Certificate of Exempuon No.: er-
Name Of AppliCant: Ma r lc {,`~na i- Ra Agent: Y N vp.q
S treet Address: __x -z4 ni TTn i vPr ajt v R ri.
9
k .T.ip Phone - Home: aa R_~ 7 4
Cty. Spokanp ' StAtC: _ND C,'Ode: 9920 6 VVOIk: 9 2 2-13 0 0 '
- - Agent's No.:
Name of Property Owner(s): Michaei L. Torre/ Generai Df sposai Corp.
S treet Address: N. 2403 t.Tpi ve r s i t, v R d
' Zap Phone - Home:
Clty: Spokane Staxe: Wa Code: 99206 WorIG 922-1300
TED ACTION(S) (Circle appropnate action):
D 4
e s Conditional Use Pemoit t 1 Expansion of a
OtherT , Nonconforming Use
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FOR STAFF USE ONLY
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Section-&p..3 Township-2a R~ge Enforcemen~ Y N
•Lot a.nd legal checked by: •Easement Iegal checked by:
•CWSSA'DVater (purveyor): ° •ULID Agreement needed: Y N
•Existing zone: Cite Applicable Section;
•Artenal Road Plan desxgnation: •Comp. Plan designation
•Fire District. •Perrsonnel doing preapp conf.:
•Other/previous Planning Departiment actions involving this prQperty:_
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•Hearing Date: *Mai.nt agreement checked by:
ABOUT THE PROPERTY . 4 '
*Existing use of property: ManufacturinQ/SandblastinQ
•Describe proposed use of the propesty; r sAME i
•If a variance p' ati n sta.te oqe J4 C
standard and describe the variance sought in comparable
terms• • . 'EyAe • tlip ' on
into an existinct buildinQ that is not wholiy contained wit in
the primarv use buildinct.
*ta conditional use perrmit application, does proposal meet aU standands? Y N.
If not, has one or more vanances, been requested? Y _N. I ,
•W'hat is the size of the original parcel if this proposal is a recent or proposed division?
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•Street address of property (if laaown): _ N. 2403 IIn iver s i ty Rd.
•Legal description of prope,rty (include easem=4 if applicable):
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•Parcel No(s).. 91
•Source of Iegal: ' - '
•Total amount of adjoining land controlled by this owner, sponsor andlor agent ADu r o x: 162,360 s f
•What interest do you (applicant) hold im the properiy? '
NON . , . -
STATE OF WASHNGTON ) S S x f` - ' _ >
COUNTY OF SPOX;ANE ) s✓ ' = I SWEAR, UNDER PENALTY OF PE;RJURY, THAT: (1) I AM Z'HE OWNER OF RECORD OR
AUI'HORIZED AGENT FOR THE PROPOSED STTE; (2) IF NOT THE OWNER, WZ[TTEN PERMISSION
FROM SAID OWNER AUTH4RIZIING MY ACTIONS ON HIS/BER BEHALF IS ATTACHED: AND (3)
ALL OF T'HE ABOVE RESPONSES AND THOSE 4N SUPPORTIIV' OC'UNURNTS ARE MADE
TR Y AND 'PO TFiE BEST OF 1ViY KNOWLF.DGE.
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Address: • ~u~
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;Ft w.- ~ -Y p t PhQne No.: - Date:
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1100
~ -ti~NOTARY SEAL: ' '_Notarybl~cin and for the sta ashington, residing a
v ~ i /9/y
o . My appointment expires:
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?9 Easemenr document (if appropriate). NOTE: With D,epartment approval, a draft suitable
for signing may be used.. C"- lan - Submit seve & pies bf the proposal drawn'fio scale and ''cating thowin
g infanmation: .
Scale of drawing _-*G~ Parking areas/spaces/driveways
North arrow LJr Landscaping
c Vicinity map. ' . Fenciag
Site area showing property ' Y-el. Topographyof fhe site
boundaries and dimensions mr Easement(s) affecting the use
(if a yard variance apphcation, of the property ,
obtain dunens~omng 0-
handout) Septic tank, drainf eld and well
Dimensions firo►mproposed ;
~ Width and names of streets struclures td the ardinary high-
adjacent to the site. water mar$ of all water bodies
~ Existing buildings a . Location and size of all Wetluds
q. Easement which provides access to the
~ Propased buildings (including P
extenor decks/balcorues) pubhc stroet
showing dimensions and Access, if different from easement
distance to propertyboundaries Qh Height of all structures.
11. Agent Letter (if appropriate)
. ULID Agreement (if appropriate)
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E. NOt1f1Cat10II ltequirements -
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The applicant is to gmvide noti£cittian as follows. Mare detaileri instructions are pmavided
when notification packet is pickec up at the Deparoment. Y'ou will be,no `tif'ied when to pick up
the packeL .
t Step 1: All property owners and taxpayezs within four hundred (400) feet of the property,
including all additional contiguous ownership or aptional land by the owner ar agent for the
owner and any easement lands providing acces5 shall be notified by the proponent. Utilizing a
list of such property owners and taxpayers obtained from a titie c.ompany and copies of the
Agenda Notificadon prepared by the Department, the gpplicaat shall accomplish notification by
mailing the agenda notificatiou as directed by the Depardnent pers+anneL
`Step 2; The applicant shall provide a copy of the titte cornpany-prepared
mailing list, A.ffidavit of Mailing, all returned maflings (addressee unkaowu, etc.), and
ceztain► other infc7rmation to the Department at Ieast tavo (2) +days I*iorto the pubHc hearing for
inclusion in the file.
N4TE: The acidress list obtained from the title coinpany must be dated no more than 30 days
before the heanng date. When you plan to pick up your mailing packet from this department,
please allow 1 week far the tide company to prepare the adclress list and time for you ta do the
maiIing by the deadline date. i
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F. Public Hearing > > ,
The applicant ar representative must be present at the public hearing. If tlie nwner is not at the
meeting, the "representative" mvst have writ.ten authorization from all owner(s) to act on the
owners' behalf. '
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%PP II&"TRiIC7I0N3 191 .
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SPOKANE COUNTY PLA►NNINC DEPARTMENT
APPLICATIONS BEFQRE THE ZOIYING ADJUSTOR
PLAN. DEPT. C4NTACT 'PRE A,PP. C4NF. RECEIPT NO.: ~•CI ~/I GIl
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NOTE TO APPLIC'ANT; Additional information may be rcequired by the Planning
Department after the application is submitted if it is found
that such information is needed to clarify the file documents.
A. Additional Fee, Requirements
In order to assist you with your fina.ncial planning regarding this application,
PLEASE BE ADVISID THAT 4THER DEPAR'TWNTS AND AGENCIES WITH WHICH
YOU ARE REQUIRM TO CONSULT MAY CHARGE YOU AN ADDTI'IONAL FEE. The
fees charged by the Planning Department only partially defer our administrative costs and are
not shared with other departments or agencies.
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B. Preliminary Submittal
Pnor to filing an application, the project sponsor shall become familiar with the curnent
procedures and fornas. Planning Department personnel are available for advice on current
procedures, past actions wluch may affect the proposal and the Zoning Code requirements.
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C. Scheduling an ApplYCation for Public Hearing
Completed applicaaons received by the Planning Department will be scheduled for public
hearing on the earliest possible date. Department personnel will contact the applicant
approximately 28 calehdar days pnor to the public hearing, and provide the infornna.tion needed
to fulfill the notification requirements ouilined in "E" below. Occasionally, excessive and
unpredictable worlcloads in the Department may ca.use sch&iuling at a laier date.
Q,DpSubmittal Requirements +
artment pohcy requires that the following infonnation be submitted, at a minimum.
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NOTE: WE HAVE A FREE NQTARY SERVICE AT OUR OFFICE.
0 Completed application form (gxeen) - '
--gr-- Completed Certificate of Exemption fonn (yellow) (if required)
-3, Completed Environmental Checklist (if required) `
4. T=) A4sgssofs ection maps for subject parcel -and property within 400 feet (obtained
at the County Assessor's 4ffice). Included as a basis for tlus 400 feet, is adjacent property
owned or optioned by the owner or agent and easement access to the property in question.
Yf required by the Deparmnent, obtai.a two (2) copies, including acent maps, The maps
are to be submitted with the application and othe"r required information to t~e Department.
Outline the subject parcel (s) in red and mark~ easement differently, identifying parcels
as A-$, etc , y acijouung owned or optioned land controlled by the
apphcant or agent. Adjouung Assessor's maps that are needed: 6-;)5 - `~/4
"'5 --Statemenr of Attenduzg Physician for Dependent Relative (if applicable) q q
Ao'idavit of Dependent Relative Circumstances (if applicable)
7. Fees - Most frequently eaacountesed fees, at the time this application was
distributed, are itemized as follows: a
QD
Dependent Relative CUP $ 60.00 to.Private Dog Kennel CUP $ 180.04 ~ ~ f
All other CtJPs $ 330.40
Variance (before construction begi.ns) (k. 210.0
Variance (after construcdon begins) $ 250.00 -
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' 750.00
Environmental Checklist $ 75.00
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$30.00 will be collected at fihe fime of application conference
and applied toward, the tqttall fee when the application is submitted.
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S-.Uaintenance agreement (if appropriate). NOTE: With Department approval, a draft
agre.ement suitable for signing nnay be used. Page 1 of 2
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`o~ y o9oqnooo,k, ~4,
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iF PRbOF far the applicant or hislher rqresentative to b~~ ~e b~~ ~why ~
htera t in favor
~~=5 ~ -.ON shoufd be approved afld to lly, ~ .
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hcatton. AGMcordaagly, you should ha~ve beea giv(m a form fvr your requested ,
conditiona], use, ete.) desi etl tio belp you present yaur case in a way which
ad 3~x~~se~the cnttria which the 7oning Adstor must consider. Piea,se filI the farna out and return
it with your application. ts B. SIGN-OFF BY COUNTY DEPAR'r11REN'Y'S AND OTHER ' AGENCIES
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2 i' ~
1. SPOK:ArIE COUNTY HEALTH Y3ISfiRIC ^
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Proposed methcxi of water supply:
b) Prngosed method of sewage disposal:
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A preliminary consultation has been held ta discuss the propo a1.. The applicant has been informec~t,
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of requirenTents and standards. Y
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signat~n,e) (Date) (Sign-off ed
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SPOK:ANE COUNTY ENGINEERINd DEPARTNIENT
~ A preliminary consultation has been held to diseuss the proposaL The applicant
has been W(Signa_ of uire d st~ndards`(Date) - (Sign-off Waived)
SPOK:ANE C4UNTY UTIY.ITYES DEPARTMENT, (Plan?iing Department may waive
~ t I v , Yf outsude W^►NMA)
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A preliminary consultation has been he1d to discuss tbe proposal. The applicant has been informed
of requirements and standards.• ~ .
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(Signature) 1 f (Date-) (Sign-off Waived by Planning?)
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1'he applicant is required ta diseuss the proposal with -
, , , . . . to beconae informed ,of water system
requirements and standards. (See #4 below) , • _ `
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The applicant is required to discuss the proposal wixh . ,
to become informed of sewage disposal
requirements and stand$rds. (See #5 below) .
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,,4V WATER PUR'VEYOR: a) The pmposal ~,~is notTocated. withim the boundary of our futvre service area.
b) The praposg Ms~ located within tbe boundary bf aur euuent distacL
c) We ardam able to serve this site with adequate water.
d) SatisfactoTy arrangements have/have not been made to seive this proposal.
y (SIgna=e) , (Daz)
,A?SEWERA►GE PURVEYOR: `
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A p~reliminary cansultation has been heul w discuss the pxopdsaL The applicant has been informed
of requirements and standards. t `
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page 2 of 2 "
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' ' _ • " x,~ r,'~ ' ~ t ~ ~ 2871260 REFERENCg
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TO rHB OR08R OF
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EARNINGS
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L^-. - i ° ( . 1 t . ~ :1~ - , . ~ ~ ~ ' ~r ~1 G~7
AND FABpICAnON, INC.
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OFFICE OF THE SPOKANE COUNTY ENGINEER
811 North Jefferson, Spokane, WA 99260-0170 (509)456-3600
-VARIANCE REQUIREMENTS-
TO: Spokane County Planning Department, Zoning Ad3ustor =
FROM: Division Of Engineering & Roads _-S~oTr ~
DATE: December 8, 1992
SU3JECT: r'iARIANCE # VE-34-92 ~ WESTERN SYS'1'EMS-MARR C80ATE
The spokane County Enqineering Department has reviewed the above referenced
application. The following comments are offered for inclusion in the
Findinqs and Order as "Conditions of Approval" should the request be
approved.
E64 WE HAVE REVIEWED THE ABOVE REFERENCED PROPOSAL AND HAVE NO COMMENTS TO
MAKE CONCERNING THE APPLICATION.
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