VE-18-94
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ZONING ADJUSTOR
SPOKANE COUNTY, WASHINGTON
IN THE MATTER OF A VARIANCE FROM ) FINDINGS OF FACT,
FRONT YARll SETBACK STANDARDS ) CONCLUSIONS,
AND DECISION
FILE: ~ VE -1$-94
APPLICANT:- PRING CORPORATION
COMPANION FILE(S): None
APPLICATI4N DESCRIPTION: The applicant requests a front yard setback of 18 feet
from the Sprague Avenue property line; whereas section 14.628.325.1 of the Zoning Code of
Spokane County requires a 35 foot setback from the front property line. Authority to consider
such a request exists pursuant to section 14.404.080 of the Zoning Code of Spokane County
and Spokane County Board of County Commissioners resolution No. 89 0708, as may be
amended.
PROJECT LOCATION: Generally located in the Spokane Valley, south of and adjacent to
Sprague Avenue, between Sargent and Sipple Roads and north of and adjacent to First Avenue
in the NE 1/4 of Section 19, Township 25N, Range 44EWM; 8500 E. Sprague Avenue.
Parcel Number(s): 45191.9113
()PPONENTS OF RECORD: NONE
PUBLIC HEARING AND DECISION: After consideration of all available information
on file, one or more site visits, exhibits submitted and testimony received during the course of
the public heanng held on July 27, 1994, the Zoning Adjustor rendered a written decision on
SeptemberM 1994 to APP120VE the application as set forth in the file documents and as
conditioned below. -
FINDINGS OF FACT AND CONCLUSIONS
1. Testimony was taken under oath.
2. The proposal is described above and detailed in documents contained in the file.
The project would expand the existing showroom to the east, coming approximately to the
existing door to the service deparmient. The construction would eliminate 4 parking stalls
currently available for service customers. These pa.rking stalls can apparently be absorbed in
other locations and still exceed the minimum number of required parking stalls for the
dealership. Some existing outdoor display space may be eliminated at the curbside edge.
3. In compliance with RCW 36.70.450, the Planning Department determined that this
proposal is generally consistent, as condiaoned, with the Commercial category of the
Comprehensive Plan. The Arterial Road Plan, contained within the Comprehensive Plan
specifies that this arterial may evenCually reach 130 feet in width. It is presently 100 feet in
width. At some point in the future, this may place the edge of the nght-of-way (not the
roadway) within approximately 3 feet of the building. However, the existing showroom space
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CASE NO. VE-18-94 SPOKANE COUNTY ZOIVING ADJUSTOR PAGE 2
has a similar predicament, as does McCollum Ford and Appleway Mitsubishi, both to the west,
and Spokane Yamaha to the east.
4. The proposal is exempt from the provisions of the Washington State Environmental
Policy Act, Chapter 43.21C RCW pursuant to WAC 197-11-800 (6) (b).
5. Over the years, the right-of-way width for Sprague Avenue has slowly been
expanded, thus progressively encroaching on the existing businesses. Right-of-way expansion
has thus reduced the size of many of the businesses, including Appleway Chevrolet. The
Zoning Code allows, in 14.810.140(2) an administrative establishment of common lines of
buildings where a large number of buildings have established fronts less than the required
setback. However, in this instance the situation falls just short of qualifying this building for
the administrative approval for an adjustment to a common building line on Sprague Avenue.
Thus, the applicant has pursued the situation through the variance procedure.
6. The applicant notes that this is not the establishment of a new building line; but,
merely the extension of the existing showroom building line in an easterly direction.
7. A representative of the area's water purveyor pointed out that a water main exists in
the vacated Bessie Road right-of-way. This water main actually lies beneath the existing
Appleway Chevrolet building's east edge. The water purveyor representative expressed
concern that this addiaon might adversely affect the location of that water main. After some
discussion, it was decided by all present that the construction would not affect the water main;
that is, it would not put new construction over the area where the water main exists. It would
be neither harder nor easier, as a result of new construction, to repair the water main if it
needed to be so repaired.
8. Where the problem complained of is conunon to land in the area or throughout the
community, the proper solution is legislarive rezoning, rather than piecemeal administrative
exemption. The alleged problem or hardship must relate to the land. Community needs or -
personal hardships do not qualify as legitimate grounds for issuing a variance. (Zonine and
Land Use Controls, Rohan, § 43.02 [4] [b] [i]). There are enough special circumstances
common to this particular site to identify this as a hardship which would likely be common to
any owner and one that is not generally common throughout the area, insofar as this
construction fills in a void and creates no greater nonconfomung setback than the existing
showroom structure.
9. Rohan, in Zoning and Land Use Controls, § 43.02 [5], states that over the years a
number of factors have been considered by courts with respect to granring variances. These
include: (1) whether strict compliance with the ternis of the ordinance will preclude a pemlitted
use from being pursued; (2) whether the land will yield a reasonable return; (3) the degree to
which the applicant seeks to vary from the ordinance; (4) the degree of harm which will be
imposed on the surrounding area if the variance is granted; (5) whether some other method can
be pursued to avoid the need for the vanance; (6) whether the difficulty is self imposed; and (7)
whether the interest of jushce and the general welfare will be served. Rohan continues that no
factor alone conrrols and all must be considered. It is a balancing act of the competing interest
between the landowner and the community, as expressed through the zoning document.
IiD/VE-18-94 Pring Corp
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CA~E NO. VE-1$-94 SPOKANE COUNTY ZONING ADJUSTOR PAGE ~
After consideranvn of all the facts, t~stimony, relevant case law and insnctive usefulness af
Rohan's 7-onlnE and Land Use Controls, it ls concluded that che balanGing test of cornpetirrg
interest lies with appraving the vanance.
10. No adverse testxmony or written commerits were received regarding the proposa1.
11. The applicant has been made aware of the recarnmendations of vanous County
agenc7es reviewing this project .
12 Variaus perforrnance startda.rds and crite~a are additionally needed to rnake the use
compatible with other perniitte.d activities in the same vicinity and zone and to ensure against
zmposia7g excessive dernands upon publrc utxlitxes, and these shall be adciressed as conditlons
of approval.
13 The proper lega-I requiiemerlts for advertising of the hearing before the Zoning
AdJustor of Spokane County have been inet
14. The health, safety, geiieral welfau-e and public goocl will n+ot suffer any detrimental
effects due to the approval raf thls vanance_
DECISYON
From the foregoing Findings and Conclusions, the Zoilino Adjustor APPROVES
the proposal as generally set forth in the file doc:uments, subject to cnrrrpliance with t~~e
follovving
CONDIrCYDN►S OF APPROVAL
1. GENERAL
1. ne followlng conditions shall app1y to the applicant, owner and sLICCessOa-s in
interest and shall run with the land.
2. Failure to comply w111i any of the condition5 of approval containcd in this deCision,
except as may be relieved by the Zoning Adjustor, shall consritute aviolatton of the Zoning
Code for Spokane Caunty ancl be subject to suc:h enfarcement as is appropnate.
3. The Zonin g Adj u stor may adniinisrratively make minor adj ustrnents to site plans or
the conditions of approval as I-nay be Judged by the Zoning Adjustor to be within the context of
tr1e original declsion.
TY. PLANNING DFPARTMEN'1"
1. The app~icant shall develop subject property generally in accordance within the
eonce.pt presented to the Hearitig Body Variatiotis, wher) approved by the Plannlng
Director/designee, mLiy be permitted, includ1ng, but not lrmiked to beiildLng location, randscape
HDIVE-1$-94 Prmg Corp
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CASE NO. VE-18-94 SPOKANE COUNTY ZONING ADJUSTOR PAGE 4
plans and general allowable uses of the permitted zone. All vanations must conform to
regulations set forth in the Zoning Code for Spokane County, and the original intent of the
development plans shall be maintained.
2. Dunng the building permit process, the applicant shall comply with the standards of
the underlying zone as directed by the Planning Department. Of particular concern is the
verification that the loss of 4 parking stalls and the addition of 1,800 square feet of showroom
space will not result in a net loss of parking spaces. In fact, additional parking spaces must be
justified for the new construction as well as those lost to the consrruction.
3. The Spokane County Planning Department shall prepare and record with the
County Auditor a Title Notice specifying a future land acquisition area for road right-of-way
and utilities. The reserved future acquisition area Title Notice shall be released, in full or in
part, by the Planning Department. The nonce should be recordeti within the same nme frame
as an appeal and should generally provide the following:
a. At least 15 feet of reserved future acquisition area for road right-of-way and
ualiaes, in addition to the existing and/or newly dedlcated nght-of-way along
Sprague Avenue.
b. Future building and other setbacks required by the Spokane County Zoning Code
shall be measured from the reserved future acquisitlon area
c. No required landscaping, parking, '208' areas, drainfield or allowed signs should
be located within the future acquisition area for road nght-of-way and utilities. If
wly of the above improvements are made within this area, they shall be relocated
at the applicant's expense when roadway improvements are made.
d. The future acquisition area, untll acquired, shall be private property and may be
used as allawecl in the zone, except that any improvements (such as landscaping, parking, surface drainage, drainfield, signs or others) shall be considered interim
uses.
III. DIVISION OF BUILDINGS
1. The applicant shall contact the Division of Buildings at the earliest possible stage of
design/development in order to be infomied of code requu-ements administered/enforced as
authonzed by the State Building Code Act. Design/development concerns include: Fire
Apparatus Access Roads; Fire Hydrant/Flow; Approved Water Systems Building
Accessibility; Construction Type; Occupancy Classificahon; Exiting; Extenor Wall Protection,
and Fnergy Code Regulations.
IV. 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.
H D/V F_- I 8-94 Prinb Corp
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CASE NO. VE-18-94 SPOKANE COUNTY ZQNING ADJUS"rOR PAGE 5
V. HEALTH DISTRICT
None is needed.
VI. DIVISION OF ENGINEERING AND ROADS
1. The applicant is put on notice that the County may be requinng as much as an
additional 15 feet of right-of-way at some point in the future. Any improvements which are
hereinafter placed in that right-of-way may be jeopardized as a result of the need for future
acquisirion. No land is being requested to be dedicated at the present time.
NOTICE. PENDING COy1PLETION OF ALL CONDITIONS OF APPROVAL WHIICH
NEED TO BE COMPLETED PRIOR TO PERMIT ISSUANCE, PERMITS MAY BE
RELEASED PRIOR TO TI-1E LAPSE OF THE 7'EN (10)-DAY APPEAL PERIOD.
HOWEVER, THE COUNTY HAS NQ LIABILITY FOR EXPENSES AND
INCONVENIENCE INCURRED BY THF APPLICAN7' TF THE PRO APPROVAL IS
OVERTURNED OR ALTERED UPON APPEAL. ~
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DATED this AJT.2 day of September, 1994.
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THOMAS G. MOSHER`AICP
7ontrig Adjustor \ '
Spokane County, Washington
FILED: ~
1) Applicant (Cemfied/FZeturn kecelpt Mail)
2) Opponents of Record
3) Spokane Division of Engineering and Roads
4) Spokane County I-lealth District
5) Spokane County Division of Utilities
6) Spokane County Division of Buildings
7) Spokane County Fire Protection District No. ]
8) Planning Department Cross-reference File andlor Electronic File
NOTE: ONLY TH.E APPLICANT OR AN OPPQNENT OF RECORD MAY FILE AN
APPEAL WITHIN TFN (lU) CALENDAR DAYS OF THE ABOVE DATE OF SIGNING.
APPEAL MUST BE ACCOMPANTED BY A$210.00 FEE. APPEALS MAY BE FILED AT
THE SPOKANE COUN'I'Y PLANNING DEPARTNLENT, PUBLIC WORKS BUILDING,
1026 W. BROADWAY, SPOKANE, WA 99260 (Section 14 412.042 of the Zoning Code for
Spokane County).
HD/VE-18-94 Pring CorU
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r ENGINEER'S REVIEW SHEET
BLDG. PERMIT # -or -FILE# W-01 8=94-94
Related File # ( )
Date to Review 7'-2}~7~=,94 AWime 10:30 # 3
Date to AA & llR Time
llate Receivcd 7-7-94
Project Name FR YD SETI3ACK 18'CODE 65' rXl'ANSION AUTO DI:ALCRSHIP NO. LOtS NO.Acres 6
Section - Township - Range
SITE ADDRESS SPRAGUE E 8500/E SIPPLE PARCEL # 19541-9113
Applicant's Name PRINU CORP Phone # 924-6423
17rik, y 3 e~
Address 8412 E SPRAUUL-SPOKANE WA 99212 Work #
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Date Conditions mailed ~ ~v 7-6
Contact person Pbone #7,
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NLOOll ZONR d NO W S SCHOOL
Fnginecr / Surveyor's / Architect's Name
Planiung Contact Per.son Phone # 456-2205
Date Submitted Description Initials .
AGRFT:MENrI' TO PAY FhES OR PRIOI2ITY FEE COMPLETFD & COYY TO AGCOUNTING
N'INAI, PLAI FLES COMPLETI:U & COPY TO ACCOUNfiING
NOTIC.F TO PUBLIC # 1 3 4 6 COMPLE7YH ll- OR NFEDS '190 BE SIGNED
DESIGN DEVIA'IION SUBMITTEIa
ALTEI2A'I70N TO PLA'1' - BI..OCKS & L01'S
BOND RLLEASLD -ROAD & 1aR1INAGE IMPROVEMTNTS
HFARING H;XAM APPROVED _DENIED-_APPEALED BI3C / PROJLCT _APPROVL-'•D _DENIED
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OFFICE OF THE SPOKANE COUNTY ENGINEER
1026 W Broadway Ave, Spokane, WA 99260-0170 (509)456-3600 Fax 324-3478
-VARIANCE REQUIREMENTS-
TO: Spokane County Planning Department, Zoning Adjustor
FROM: Division of Engineering & Roads, Scott Engelhard ,5~
DATE: July 22, 1994
SUBJECI': VARIP_NCE #VE-18-94 / PRING CORPORATION
The Spokane County Engineering Department has reviewed the above referenced
application. The following comments are offered for inclusion in the
Findings and Order as "Conditions of Approval" should the request be
approved.
SPECIAL INFORMATION:
The applicant is advised that the adopted County Arterial Road Plan
identifies Sprague Avenue as a 130 foot Principal Arterial. The
existing right of way width of 100 feet is not consistent with that
specified in the Plan. The County Engineer is not recommending any
dedication in conjunction with the Arterial Road Plan. However, the
applicant is advised that 15 feet of property may purchased in the
future for the widening of Sprague Avenue
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S P O I< A N E N'7 Y
PLANNII\TG DEPAR"1 MENT WALLIS U HUBBARD, D[RECTOR
1~07R(CIE (EDTF 5IF(DKAI~TIE (CEDUNPTW 7~ON1IIYG AJIDJ1UO7I`(DR 1PItJBI(.,ffC
HEARNNG
DATE: July 27, 1994
TIME: 10:30 a.m. or as soon thereafter as possible
PLACE: Spokane County Public Works Building RECEIVED
Commissioners Assembly Roonz
1026 W. Broadway JU L 071994
Spokane, WA 99260
Cou~y E~~neering
AGENDA ITEM 3 File: VE-18-94
VARIANCE FROM FRONT YAKD SETBACK STANDARD
LOCATION: Generally located in the Spokane Valley, south of and adjacent to Sprague
Avenue, between Sargent and Sipple Roads and north of and adjacent to First Avenue in
the NE 1/4 of Section 19, Township 25N, Range 44EWM; 8500 E. Sprague Avenue.
PROPOSAL: The applicant requests a front yard setback of 18 feet from the Sprague
Avenue property line; whereas section 14.628.325.1 0f the Zoning Code of Spokane
County requues a 65 foot setback from the centerline of the right-of-way. The adopted
Arterial Road Plan may require dedlcaCion of additional right-of-way and/or reservation of
future right-of-way.
EXYSTING ZONING: RegYOnal Business (B-3)
SITE SIZE: Approximately 6 acres MOL
(approxYmately 1 aere ls the building site)
APPLICANT: Pnng Corporation
8412 E. Sprague Avenue
Spokane, WA 99212
Physically pisabled Access: All meetings and hearings will be conducted in facilities
which are accessible to disabled individuals. For more particular information, please
contact the Spokane County Planning Department at (509) 456-2205.
NOTE: THE ZOMNG ADJUSTOR WILL ISSUE A WRITTEN DECISION 7'O A.PPROVE OR DENY
THE ABOVE PROPOSAL ONLY THE APpLICANT OR AN OPPONENT OF RECORD MAY
APPEAL THE ZONING ADJUSTOR DECISI4N AND MUST DO SO WITHIN TEN (10) CAI..ENDAR
DAYS OF THE DATE OF THE DECISION'S SIGNING Al'PEALS MUST BE ACCOMPANTED BY
A$210.00 FEE. APPEALS MAY BE FILED AT THE PLANNING DEPARTMENT, SPOKANE
COUNTY PUBLIC WORKS BUILDING, 1026 WEST BROADWAY, SPOKANE, WA 99260
(SECTION 14.412.042 OF THE ZONZNG CODE OF SPOKANE COUNTY). THE ABOVE
REFERENCED FII.E MAY BE EXA.MT.NED AT THE PLANNING DEPARTMENT.
WFST1026 BrzoaowAY AvENvE • SPOKANE, 4VAsHtNGTON99260-0240 •(509) 456-2205
~ • o• ^ SPOKXNE COUNTY PLANNING DEPARTMiL~NT
~ APPLICATIONS BEFORE. THE ZONIN Y ADT STOR
Name of Applicant: Pr i ng Corporation Agent: YQ Street Address: E. 8412 Sprague Avenue
Zip Phone - Home:
Clty: Spokane state: WA Cpde: 99212 Work: (509) 924-6423
Agent's No.:
Name of Property Owner(s): Prtn4 Corporation
Street Address: E. 8412 Sprague Ave.
Zip Phone - Home:
Clty: Spok ane state: wA Cpde: 99212 Work: (509) 924-6423
REQUESTED ACTION(S) (Circle appropriate action):
(,,.y ariance(s) Conditional Use Permit Expansion of a
Other: Nonconfozming Use
FOR STAFF USE ONLY
Violaaon/
Section Iq Township 2.5 Range ~ Enforcement: Y ~N
•Lot and legal checked by• •CVijWP sewer purveyor.
,
•CWSP water purveyor, •CUP standards met: Y v N (NA)
Existin zone: '
• g -.5i Cite applicable section: /4, 626,32,9
•Comp. Plan designation:_ ' Artenal Road Plan designation: '1~'l~ ~~i ~
•Fire District• •Person doing preapp conf.: 44nfM.lv 0~~YIQ,~
v
•Other/previous Planning Department actions involvi.ng this property:
,
•Certificate of Exemption No.. Application No.: ' A_ k-
•Hearing Date: •Site plan diznensioning checked by:
1~y
ABOUT THE PROPERTY (by applicant)
•Existing use of property: Aufiomob i l e Dea I ersh•i p
•Describe proposed use of the property, noting change from'exisring use': Expansion/remodei
of existing factlity.
•If a variance application, state the Code standard and describe the variance sought in comparable
terms (i.e., 50 feet from centerline verses required 65 feet): 18' setback from the property I i ne
t-ather than 35' setback. Expansion/remodel will line up with existing buildings on Sprague Avenue.
•If a conditional use permit application, does pzoposal meet all standards? Y N
If not, has one or more variances been requested? Y N
•What is the size of the subject property. 2001 x 2001
- •Street address of property (if known): $500 E. Sprague Ave. •Legal description of property (include easement, if applicable): See Exhibtt "A" attached hereto and by this reference made a part hereof.
-Parcel No(s).: 45191 .91 13
•Source of legal: Deed to propertv
•Total amount of adjoining la.nd controlled by this owner, sponsor and/or agent: 6 acres MoL •What interest do you (applicant) hold in the property? Owner
STATE OF WASHINGTON ~ S S
COUNTY OF SPOKANE )
I S WEAR, UNDER PENALTY OF PERJURY, THAT: (1) I AM 'IHE OWNER OF RECORD OR
AUTHORIZED AGENT FOR THE PROPOSED SITE; (2) IF NOT THE OWNER, WRITTEN PERMISSION
FROM OWNER AITT'HORIZING MY ACTIONS ON HIS/HER BEHALF TS ATTACHED, AND (3) ALL OF
THE ABOVE RESPONS S AND THOSE ON ORTING DOCU TS ARE MADE TRUTHFULLY AND
"
TO TI~ BES'T~OFniv1~~OrWLEDGE. P NG ORAT
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Signed: B ate ~;13
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~ a-' Not Public`'in and for state Washington, residing at
.~a~
ss~`~l~`°• 1;~,, Spokane . ty appointment expires: , 10-15-97
- pagc 1 of 2
ZA/APP (REV. 4/94)
A. BURDEN OF PROOF form(s) (by applicant)
It is necessary for the applicant or his/her representative to establish the reasons why the
, REQUESTED ACTION should be approved and to literally put forth the basic argument in favor
' of approving the application. Accordingly, you should have been given a fonn for your requested
action (variance, conditional use, etc.) designed to help you present your case in a way which
addresses the criteria which the Zoning Adjustor must consider. Please fi11 the form out and return
it with your application.
B. SIGN-OFF BY COUNTY DEPARTMENTS AND OTHER AGENCIES
(applicant must visit each agency whose no. is circled below)
- ~ SPOKANE COUNTY HEALTH DISTRYCT
a) Proposed method of water supply:
b) Proposed method of sewage disposal:
A prelinninary consultation has been held to discuss the proposal. The applicant has been informed
of requirements and standards We request consultation with Planning Deparnnent Y N
&m4w Quy'41
(Signature) (Date) (Sign-off VAive
. 2. SPOKANE COUNTY PUBLxC WORKS DEPARTMENT
~ (Engineering & Roads Division)
A preliminary consultation has been held to discuss the proposal. 14he applicant has been informed
of requirements and standards. We request consultarion with Pla nin Department Y
G f G-c-JC-LJ
Al f UN~ ONS C~ l/
oGo A41- ~
S
(Signature) (Date) (Sign-off Waived)
3. SPOKA.NE COUNTX UTILITIES DEPARTMENT (Planning Department may waive
~ if outside WWMA)
A preliminary consultation has been held to dtscuss the proposal. The applicant has been informed
of requirements and standards.
Co~~zTt3~J L'9 5L..~ 3-9 4
l U (Signature) (Date) (Sign-off Waived by Planning?)
The applicant is required to discuss the proposal with
to become informed of water system
requirements and standards. (See #a below)
The applicant is required to discuss the proposal with
to become informed of sewage disposal
requirements and standards. (See #b below)
a. WATER PUR'VEYOR:
1) The proposal is/is not located within the houndary of our future service area.
2) The proposal is/ls not located within the boundary of our current district.
3) We are/are not able to serve this site with adequate water.
4) Satisfactory arrangements have/have not been made to serve thls proposal.
(Signature) (Date) b . SEWERAGE PURVEYOR:
A preliminary consultation has been held to discuss the proposal. The applicant has been
informed of requirements and standards.
(Signature) (Date)
page 2 of 2
ZA/APP (REV. 4/94) 1 '
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41 VARIA.NCE BURDEN OF PROOF FORM
Name: Pring Corporation
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File Number: vj - j oo - q4
~ A"variance" is the means by which an adjustment is ma.de in the application of the specific
' regulations of the zoning classification for a particular (the subject) piece of property. This
properry, because of special circumstances applicable to it, is deprived of privileges commonly
enjoyed by other properties in the vicinity and in a similar zone classification. This adjustment
' remedies the difference in privileges. A variance shall not authorize a use otherwise prohibited in
the zone classification in which the property is located..
'The fallowing questions will help to determine the outcome of your request. Your request requires
~ accurate and complete responses. First circle either the "yes" or the "no" answer(s) following the
' questions below as they apply to your situation and then explain as needed (in the space provxded)
to make your unique situation clear. Certain phrases from the Zoning Code of Spokane County
- section on variances are included in these quesnons and are underlined for converuence.
A. Will this variance pemlit a use which is otherwise prohibited in this zone? Yes No
i ~ ' ~ J . fY•t i '
Explain: Useiis authorized in B-3 Zone. ,
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B. Are there Wec ai 1 circ qmstancU (lot size, shape, topography, location, access,
_ surroundings, etc.) which apply to the subject property and which may not
apply to other properties in the yici.nity? Yes No
Ex The portion ofi the addition to the building we are adding will line up
~
lain:
wi h most other buildings to the West 8 East on 5prague Avenue. Uue to widening ot
• Sprague Avenue, the original set back from Sprague has changed.
c C. Is the subject property dep,rived of vrivilego commonlv enjoyed by otbe-r
pro~rties in the vicinity and in a5imilqr zone claasification? Yes No
. Expla.in: Other existing buildings on Sprague Avenue have the same setback as we are
, requesting (see site plan).
3 D. Will this variance be harmful to the public welfare or to other properties in
the Acinity and a5imilar zone classification7 Yes No
Explain: No harm known.
~ E. Are there other si.milar situa ' ns in the Acinity in a5imil@ir zone classifiGation? (Pes o
Are they permitted uses? es No Are they "nonconfornun uses. o
Explain: Older existing bufldings on Sprague Avenue have the same setback and the new,
~ addition will line up with our ex(sting building and those other buiidings along Sprague
^ ANPf11)P. .
, F. Could the subject property be put to a reasonable and pemutted use by you or another '
person without the requested variance? Yes
Explain; Due to growth of our business (established in 1928), the additton is needed
• ta better ser-ve the publlc.
M
• ` ~i
-~y G. If this request is granted, will the subject property be more environmentally
sensitive, energy conserving, or will it promote the use of an historic property? Yes ~
. i
Explain: W ill Promote the use of a h i stor i c properfiy.
Y _ ~ 4 • , t.
Page 1 of 2
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H. If this variance is granted, will the broader public need or interest be served? es No
Explain: The proposed addition of our building will better serve the overall publfc.
< I. Will this variance be inconsistent with the purpose of the zoning which applies to the
; subject property? Yes No
Explain: No inconsistency is known. B-3 Zone. •
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f .e
J. Will approval of this variance grant to the subject property the privileges of a different z e
classification (in other words would this be a"de facto" zone change)? Yes o
_ _ .
Explain: Currently B-3 Zone.
w y `
• A • . ' n . .
- K. Will this variance be inconsistent with the general purpose and intent of the
Comprehensive Plan? Yes ~ - C
Explain: Currently B-3 Zone.
~•-L. Is this variance required for a reasonable economic return from the subject
property or is the existing structure too small? Yes No ~
,
Explain: Exlsting structure fioo small to serve the public.
.~ry t r ~ ~;a ` , F •
M. Did the practical difficulty which caused you to apply for this variance exist before you owned the subject property? Yes No
,
Explain: Have owned the property for over fifty (50) years. Setbacks reduced by
,
expansion of Sprague Avenue by Spokane County. ,
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N. If approved, would this variance affect land use density regulations which exist
to protect the Rathdrum/Spokane Aquifer? Y e s No
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Explain: Den P s i tv remai ns the same.
y~Y , . . l/yV~ .
The following space is for further explanation. Attach an additional page(s) if needed.
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You are invited to present additional photographs, diagrams, maps, charts, etc. in support of this
application. We have the equipment to display video tapes. No such additional material is required
r
and in any case it must be BRIEF and descriptive of issues which need to be considered in relation
to this requested variance. If you have questions about the procedure to be followeri feel free to
contact the Spokane County Planning Department at 456-2205.
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t A-•7 RP-VnRIwcE, BURDEN OF PROOF FORM Page 2 of 2
.
; REy, 5/92
F .
, z •
. . EXHIBIT "A"
LEGAL DESCRIPTION:~TO Appli.cation Before t~ Zoning Adjustor
U D • 1 N ,
That part of the Northwest quarter of the Northeast guarter of Section 19,
Township 25 North, Range 44 E.W.M., in Spokane County, Washington, more
particularly described as follows:
Beginning at a point on the South line of State Road No. 2, whi.ch zs 50
feet South from a point on the North boundary line of Section 19, and
1,910 feet West of the Northeast corner thereof; thence South 200 teet;
thence West 200 feet; thence North 200 feet; thence East along the south
line of State Road to the point of beginning;
~ a
~ SPOKANE COUNTY-PLANNING DEPARTMENT
APPL.IGATIONS BEFORE IHE ZVONING AD.TUSTnR
.
Name of Applicant: Pring Corporatton Agent: YQ .
Street Address: E. 8412 Sprague Avenue
Zip Phone - Home:
Ciry: Spokane Si1te: WA Cpde: 992~ 2 Work: (509) 924-6423
Agent's No.:
Name of Property Owner(s): Pr i nq Corporat i on
Street Address: E. 8412 Sprague Ave.
Zip Phone - Home:
City: Spokane St3te: WA Cpde: 99212 WOTk: (509) 924-6423
REQUESTED ACITON(S) (Circle appropriate action):
(.Yariance(s) Conditional Use Pernut Expansion of a
Other: Nonconforming Use
FOR STAFF USE ONLY Violation/
Secrion, Township Range Enforcement: Y N
*Lot and legal checked by: *CWVVP sewer purveyor:
•CWSP water purveyor: •CUP standards met: Y N NA
*Existing zone: Cite applicable section:
•Comp. Plan designarion: •Arterial Road Plan designation:
•Fire District: •Person doing preapp conf.:
•Other/previous Planning Department actions involving this property:
•Certificate of Exemption No.: Application No.:
•Hearing Date: •Site plan dimensioning checked by:
ABOUT THE PROPERTY (by applicant)
•Existing use of property: Automob i 1 e Dea i ersh i p
•Describe proposed use of the property, noting change from'exisring use': Expansion/remodel
of existing facility.
•If a variance application, state the Code standard and describe the variance sought in comparable
ternis (i.e., 50 feet from centerline verses required 65 feet): ,1s, setback from the property I i ne
rather than 35' setback. ExpansTon/remodel will line up with existing buifdings on Sprague Avenue.
•If a conditional use permit 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 subject property. 200 ' X Zoo '
•Street address of property (if known): $500 E. Sprague Ave..
•Legal description of proftperty (include easement, if applicable):
See Exhib(t "A" a ached hereto and by this reference made a part hereof.
•Parcel No(s).: 45191.9113
•Source of legal: Deed to property
•Total amount of adjoining land controlled by this owner, sponsor an'd/or agent: 6 acres MOL
•What interest do you (applicant) hold in the property? Owner
STATE OF WASHINGTON ) S S '
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, WRI'i"I'EN PERMISSION
FROM OWNER AUTHORIZING MY ACTIONS ON HIS/HER BEHALF IS ATTACHED; AND (3) ALL OF
L,44~
THE ABOVE RESP~ONS S AND THOSE ON ORTIN*ICU7 S ARE MADE TRU'I'HFULLY AND
TO THE BEST~Q~F'` 0,,WLEDGE. P NG ORA`\F~Q ~o~Signed: a : ate S/
3
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~pTARy
'_3 ~ U N • •
r s'•.°~ pU ° L V~' ~~'°Notary Public in and for state of Washington, residing at
15, ASpokane ty appointment expires: _ 1o-t 5-97
' page 1 of 2
ZA/APP (REV. 4/94)
A. BURDEN OF PROOF form(s) (by applicant)
It is necessary for the applicant or his/her representative to establish the reasons why the
REQUESTED ACTION should be approved and to literally put forth the basic argumcnt in favor
of approving the application. Accordingly, you should have been given a farm for your rcqucstcd
action (vanance, 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
(applicant must visit each agency whose no. is circled below)
'it., 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 proposal. The applicant has been informed
of requirements and standards. We request consultation with Planning Department Y N OWIP4
(Signature) (Date) (Sign-of&&= v 2. SPOKANE COUNTY PUBLIC WORKS DEPARTMENT
(Engineering & Roads Division)
~ A preliminary consultation has been held to discuss the proposal. The applicant has been informed
of requirements and standards. We request consultarion with Pla ning Departmznt Y
~-a'N~ /"ll 0 NS ~o b-e /e e vf C;~C-6
- ~ 5,3 (Signature) (Date) (Sign-off Waived)
3. SPOKANE COUNTY UTILITIES DEPARTMENT (Planning Department may waive
if outside VPWMA)
A preliminary consultation has been held to discuss the proposal. The applicant has been infozmed
, of requ' ements and standards.
CoN~c-t~J
z,~ 5~~ 53-~ 4C (Signature) (Date) (Sign-off Waived by Planning?)
The applicant is required to discuss the proposal with
to become informed of water system
requirements and standards. (See #a below)
The applicant is required to discuss the proposal with
to become informed of sewage disposal
requirements and standards. (See #b below)
a. WATER PURVEYOR:
1) The proposal i i nat located within the boundary of our future service area.
2) The proposal ~iahs not located within the boundary of our current district.
3) We rre not able to serve this site with adequate water.
4) Satisfactory arrangements have/have not been made to serve this proposal.
(Signature) (Date) .
b . SEWERAGE PURVEYOR:
A preliminary consultation has been held to discuss the proposal. The applicant has been
informed of requirements and standards.
(Signature) (Date)
,
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pase 2 of 2
9 ZAJAPP (REV. 4/94)
s • •
EXHIBIT "A"
~
LEGAL DESCRIPTION: TO Application Before the Zoning Adjustor
~ ,
That part of the Northwest quarter of the Northeast quarter of Section 19,
Township 25 North, Range 44 E.W.M., in Spokane County, Washi.ngton, more
particularly described as follows:
Beginning at a point on the South line of State Road No. 2, which is 50
feet South from a point on the North boundary li.ne of Section 19, and
1,910 feet West of the Northeast corner thereof; thence South 200 feet;
thence West 200 feet; thence North 200 feet; thence East along the South
line of State Road to the point of beginning;
.
~ PERMIT CENTER PASSPORT
Oate Number
~
IVeme y Phone
-
14Qtyf@SS ~
Gmments
CUSTOMER ROUTING
~ Y
i gUILDING Oepartment 4PLANN"iNG Department ~ ENGINEER'S Departrnent
~ Addnessing ~ Admin. Exception i Approach Pcrmit
~ Building Pcrroit = Arterial Rd Plan Info i Flood P1ain Pertnit
~ Code Information ~ Binding Site Pian Info s Public/Private Roads
~ Comine rcia! Review ` Cert. of Exemption : Res. Bldg Perrnit Rev.
~ Conference ` Comprehensivc Plan i Site Drainage Info
~ Energy Code Info : Cond. Use Pcrroit _ Subdivision Review
~ Fire Safery Review i Nonconforming Use ~ Utiliry Permit
Mariufactuced Home Permit Review Zone Change Review
Mechanical Pertnits ShorelinesInfo
Other Permits Short Plat Info N4 FBF REQUIRED
; ! ~e~iewer Tune out
Plumbins Permits i Subdivision Info _ . _ .
~ Prin►ate Road Info i Terop. Use Permit lUTIUTIES Oepartment,
~ Residcntial Review i Varianoe Appl. i APA Payment
= Sewer Pecmits ] Zone Qheck = Cert. of Exemption
Zone Info Subdivision Review
ULtD/Sewer Info
Zone Change Review
NO FET RF_QUIRI':D NO ITE REQUIRED
Rcvicurr Timc out Revicwcr Timc out Rcvicw^cr Timc out
klA-Sl1.K`PtiCrPC1R1 Cilt :JI&RS
PLRMI`t' C[;N'lE-lt I~LI: SC[iLDULE F2.G '(,l'sIPTINPORMA770N
►twNNUVa Dt!PwRTucsrrr ~ TRANSACI70N 7p4
COST-I D[3.SCRIP"ITON nr WQEtK ~ . '
PO1 ~ $52 Adniinistrativc Lxccption ~ Any Onc r-ool Dintcnsion ~
POZ ~ $105 ~ AllOthcrs RGC`L'll'7'#:
P03 ~ $52 Ccritfic.atc of E':~ccmption ~ 1're-1978
P04 $78 ~ l3clween S& 10 Acres POS $781, ~ Minor Lol Iane Adjustmcnt '
P06 ~ 1 $681 ~ All Othcrs
P01 ~ I S931Conditional Use Permits ~ Dependcnl Relative
t'08 ~ 1 $325 1 ~ Private Dog Kennel DEPART74E 1VT G10AfMB1V7s
p09 ~ 1 $59S 1 ~ AJI Othcrs = or < 10 Ac.
P 10 ~ 1 $1551 ~ Ea. Add'I. 10 Ac PLANNJNG
P11 231IC.ondihonal Usc Pcrmits - Rcncwal I Dependent RelaUve
P 12 $52 All Others
P13 I I $75~Environmental Checkl►st ~
P14 ~ 1 $621 Home Pro[ession Permit ~
P32 5210IInterpretauons ~ Writtcn/Administrative _
P15 ~ $621 Nonconforrrung Status ~ LarAe/Small Animals
P 16 ~ $365 1 ~ Ali Others = or < 10 Ac.
P 17 ~ 1 278 1 ~ Ea. Add9.10 Aa.
P18 ~ 1 $311 Pre-Conference Fee ~ Admin. F.xception
P19 ~ 1 $311 ~ Conditional Use
I'20 ~ 1 $311 ~ Nonconforming Status
P21 ~ 1 $311 ~ Tcmporary Use Permit
Y22 ~ 1 $311 ~ Variance
P24 ~ 1 $235 ITemporarv Use Permit
p25 ~ I =830IVanancc - After Construction ~ SO - S100,000
P26 ~ 1 $1.2401 ~ Over $100,000
P27 ~ I S520) Variance - Bcfore Construction ~
P28 5310IZonc Review ~ MininQ
P29 $3101 ~ Industrial
P30 ~ 1 $2601 1 Business
P31 ( I 5210 + Multi-familv +
~ 1$10.50 Each Apartment Unit
WGINBER'S DBPARTMENT EIVGIN8BR5
E01 $30 IAdmintstralrve Vanance ~
E02 $50 ~Appeals
E03 $20 ~Approach ~ Ynspection E04 Permit.
COS $SO ~ Change of Conditionu ~ Plac
r
E06 ~ $SO Zone
E07 ~ $SO ~ Conditional Use ~
C26 $30 ~ DcsiRn Deviation I
E24 $75 ICnvironmental Checklist I
L708~i: ~ . $20 1 FloodPlain.. . «.r" . r Inspectioi► '
E09 ~ ~ ( Y $10''I PcWt S'.+,.~..,.
B18 $1,000 (PeiEormanceBoncl:~ 208
B 19 r r SI Od ~ % 01r
{ ~1 ~a{ f }hh.
EM ~ ~ ~ 1 ~ $250 ~ fh r rr. . , ~ ! l l VN ~7 t, _
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IIZZ ' l ~ =300 Fl- .
E21 Lnds OnIV Art►tl
E10 $200 1 Preliminarv BindinA Site Plan I
E11 $200 ~Preliminary Plats I
E12 5100 Short
E23 $t00 Fi nal
1313 $10 Spocialpermic 41-
N y
B14 $SO 2 Lot Admin. Division I
II1S ~ 1~ $SO Variana
~ + or inrE4ht-vf-Way
nsp. ( Without Permit.
[317 ~ $200 lZoninR Permit ~
L72S $10 INSF Chargc ~
U01 ~ 1 $20 I C.ertificatc of Ecemption Revicw ~
1102 ~ 1 $20 1 I..and Use Action Revicw ~
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