SPE-3-90
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Z()NING ADJUST()R
SP()KANE C()UNTY, WASIitN(;T()N
IN THE MATTER OF EXTENSION nF A )
NON CONFORMING USE ) FINDINGS ()F FACT,
[SPE-3-90] MAX SPALDING ) CONCLUSIONS,
CnMPANION FILES: SPE-4-62; ) AND DECISInN
SPE-17-78; BARTZ VS. BOARD OF )
ADJUSTMENT, 80 Wn. 2d 209, )
492 p. 2d. 1374 )
PARCEL NUMBER: Multiple
APPLICATION DESCRIPTION:
The applicant proposes to construct a new bwlding to enclose more acdvines at a
nonconforming auto wrecking yard. Section 4 25 030 g. of the Spokane Counry Zoning
Ordinanee requires issuance of a special pemut for extension (expansion) of a nonconforming
use Authonty to consider such a request exists pursuant to Section 4.25 of the Spokane
County Zonmg Ordinance
PROJECT LOCATION: Generally north of I-90 and at the intersection of Knox Avenue
and University Road in sections 8 and 9. Township 25 N. Range 44 EWM
OPPONENTS OF RECORD: NONE
PUBLIC HEARING AND DECISION: After consideranon of all available informanon
on file, exhibits subrrutted and testimony received during the course of the pubhc heanng held
on Apnl 11, 1990, and the Zoning Adjustor rendered a wntten decision on June 6,1990
FINDINGS OF FACT
1. This case was initially heard by Zomng Adjustor pouglas Adams, who was later
unavailable to make a decision and issue a wntten order The Zomng Adjustor reassigned to
the case is Thomas G. Mosher, AICP. Mr. Mosher listened to the tape, familianzed himself
with the evidence ui the file, visited the site and was advised by legal counsel that he could
render this decision
2 The proposal is as generally descnbed above The pw-pose of the building to be
constructed is for the dismantling of automobiles stored on the adjacent acreage of the existing
non conforming wrecking yard
3 It is important to note that the applicant's wrecking yard has reached what appearti
to be an unlawful expansion On September 3, 1969 the Planning Department identified that
the applicant's land lying south of Knox Avenue and west of University Road had no
nonconforming nghts to be used as any part of the wrecking yard At the present time a
parking lot for customers or employees exims in a partion of this area on a graded area on the
southwest corner of Knox an Univer%ity
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CASE NO SPE-3-90 SPOKANE COUNTY ZONING ADJUSTOR PAGE 2
4. The adopted Spokane County Comprehensrve Plan designates the area of the
proposal as tndustrial The proposed uses are generally consistent with this category An auto
wrecicing yard would be allowed outnght in the Heavy lndustnal Zone and allowed by
Conditional Use Permit in the Light Industnal Zone, respectively 1-3 and I-2 Both of these
zones are intended to implement the Industnal category of the Comprehensive Plan
5 The County's Artenal Road Plan calls for University Road, north of I-90 to at least
Trent Avenue to be a Pnncipal Artenal with a] 30 foot nght of way. Umversity Road bisects
the ownership of the Spalding Wrecking Yard property Addinonally, the Artenal Road Plan
calls for a new interchange at University Road. Part of that mterchange would necessitate the
use of a southerly pornon of the Spalding property
fi. The entire property of the wrecking yard property is zoned Agnculture The
Agncultural zone allows a wrecking yard upon the issuance of a Condiaonal Use Permit A
Condiuonal Use Permit has never been issued for a wrecking yard on any of this property
However, a review of the history of this property is as follows
a. The land conta.ining the current buildings of Spalding's Wrecking Yard and the site
for the budding presently proposed were established to the Agncultiual Zone on Apn124,
1942 and prior to that date the property was zoned Unclassified, which classificaaon
allowed an auto wrecking yard outright as a pernutted use
b 1'he applicant commenced on this land pnor to Apn124, 1942, and has conhnued
since that tune, an auto wrecking yard business containing vanous buildings and the
storage yard, as well as the proposed building site. Consequently the use of the property
containing the proposed building site is a"nonconfornning use" within the defiruaon of
the Spokane County Zoning Ordinance.
c. On September 3, 1969 the County Planning Department issued a letter to Mr polph
Spalding wtuch idenufies the property on which nonconfornung uses were established
and propernes on which non confornung uses were not recogruzed The letter closed
with the statement, "This office presents this letter to you for your invesagadon We
request that you notify us of any infornlation contained therein that you beheve to be
incornect and if there be any such, that you furnish us with appropnate documentaaon "
The file does not indicate any response was received In that letter it is significant to note
that the following descnbed property was clearly idenafied as having no nonconfornung
nghts, due to its lack of use for a wrecking yard and further due to its separation from the
established wrecking yard
North 1/2 of Block 268 of Opportunity; Block 269 of Opportunity
lying North of freeway, North 1/2 of Block 294 of Opportunity except freeway,
Block 3 of Sullivan lying South of freeway, Block 6 of Sullivan, and Block 5 of
Sullivan lying south of Freeway. (Emphasis added)
The effect of the above is to prohibit the expansion, on the basis of nonconforming
rights, of the wrecking yard operatlon into any land south of Knox and west of
University NOTE An examination of early aenal photographs indicateS no wrecking
yard operations visible on Block 251 of Opportunity and an exmemely limited amount of
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CASE NO SPE-3-90 SPQICANE COUN'I'Y ZONING ADJUSTOR PAGE :i
wrecking yard storage may have been exititing on Black 250 of Opportunity, nonetheletiti,
the Planning Department, in the September 3, 19691etter ru;ognized wreckrng yard
nvnconforming nghts on Biock 250 and 251
d +an Navember 28, 1969 the Zoning Adjustor approved a special permit for the
extensivn of the nonconfarniing wrecking yard use by the erection of one of the present-
day buildings After a sen+es of court cases to oppose that decision, the onginal decision
of the Zoning Adjustor and the Board of Adjustment was upheld N'o add.itional vutdoor
storage area was discussed, recogmzed vr approved No conditions Qf approval were
imposed relevani to standards of an industrial type zone, including landscaping
e In 1978 an Extension of a Nonconformzng Use applicanon was submttted t4 and
appraved by 5pokane County Agaan, no discussion, reeognition or apprvval of
additional outdoor storages was recognized No conditions of approval were imposed
relevant to standards of an industrial type zone, inciuding landscaping
f. In all of the Canditional LJse Pernuts granted, there were no condiaons applied
wh1ch would have even begun to have brought the nonconfarnnng operaavn vnto any
seinblance of recognition of landscaping ar buffenng st.andards then acceptable in any of
the zones which would have allowed an autv wrecking yard uutnght. The present
operauon grossly fails the present and past standards for an auto wreciang yard in the
Agricultural Zone particularly insofar as the contents of the yard are visible for many
pubhc roads, whereas, no contents of an autQ wreelang yard arae to be visible from a
pubiic road and the entm area is to be fenced in an effort ta completely obscure the
. eontents of the syte. Furthennore, if thxs were a cvndhti+onal use permtt, conditions of
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agproval in the interests of public health, safety and general welfare would be unposed,
not unlilce, for example, in the case of Bill's Auto Dismantlers, Inc (CUN-65-75A)
7. The Planning Deparnnent has requested that landscapmg be installed generally at the
entrance to the property on University RQad after the roadway doglegs off of Knox Avenue, as
well as along the madway edges of the small parking lot now located on the southwest comer
of Kxiox and Uruversity It has teen previously pointed out that the parlang lot expansion vnto
the southwest comer of Knox and UniVersity is an unauthonzed expansion af ihe wreclang
yard operation tv the area south af Knox Avenue (Note an off street parking faciIity such as
is presendy existing on Knox and University may be allowed by a Conditional Use Permit
pursuant tv 4 04170 q of the Spokane County Zcming 4rdinance, consistent with the
standards of sechon 4 24 314 of the Spakane Cvunty Zomng Ordinance.)
8. The applicant subrrrutted 2 aenal photogra.phs with the applicanon In one the time
frame is eshmated between 1983 and 1987. In ihe second it is esdmated to be svmetime after
1987 The earlier photograph clearly shows no parking lot intrusion on the southwest corner
of Knox and Universiry, whereas, the later photugraph clearly shows a parking Iot on the
southwest comer A field inspectian aiso revealed that the southwest comer is being used a5
overflow or employee parlcing for the business
9 It wvuld appear from the aenal photographs that all of the land authonzed for an
auto wreckYng yard in the 1969 Planning Department letter is now occupied by wrecking yard
storage parking or buildings The addinon of the presently proposed enctosed building would
in itself not appear to generate any more Storage which could result in addinonal parking
CASE NO SPE-3-90 SPOKANE COUNTY ZONING ADJUSTOR PAGE 4
requirements, a possibiiity to be taken into account by the Zoning Adjustor. The addition of
the building, since it is to be used for diSmantling, could increase the speed by which used
parts could be processed for sale at this site or transport to other locations This suggests
possible addinonal expanded storage yard area Since there is not other approved
nonconforming wr+eclong yard/related space (September 3, 1969 letter), this permit must guard
agmnst unauthorized expansion of the nonconforming wrecking yar1d.
10 Over the years and for all the Conditional Use Pennit applications involved, only
buildings have been exanuned by the vanous decision makers There has never been an
examination of the amount of expanding space of outside storage yard involved and there
appears to have never been examination of whether the on-site parking requvements are
sufficient to meet the needs of all the buildings and storage area now used for the operanon
11. The proposal is exempt from the provisions of the Washington State Environmental
Policy Act, Chapter 43.21 C RCW pursuant to WAC 197-11-800(1)(a)(c) and the Spokane
Environmental ardinance, Secaon 11.10 070 (c)
12. The proper legal requuements for advernsing of the hearmg before the Zoning
Adjustor of Spokane County have been meL
13 Neither adverse testimony nor wntten comments were Teceived regarding the
proposal
CONCLUSIONS
1. The applicant is requesang an expansion of a nonconforming use, by appl}nng for a
building permit Over the years, numerous extensions of nonconfornung uses have been
granted for buildings. The applicant has never been held to any standards of a zone which
would allow this type of use. The applicant has also expanded the parlang area for the
wrecking yard operanon onto the property which has no nonconfornung nghts for the
wreclang yazd operaaon. The wreckuig yard operanon must include adequate parking for
customers and employees, appazently the reason for which the parking lot has been established
on the southwest corner of Knox Avenue and University Road. The applicant has never been
subjected to an analysis of the true parlang needs based on the numbers of buildings, the
operations performed within the vanous buildings and the wreclang yar+d storage area The
conanued expansion of the nonconforming use wnthout regard to venfication of adequate
parking, the unauthonzed parking established in an area having no nonconforming nghts, the
lack of any landscaping or appearance-unprovement features along the property's public
roadway areas, does not contnbute toward the uncondihoned approval of addihonal expansion
of the nonconfomung use
2 It is possible to consider extension of the nonconfornning use in the building
requested if adequate miagadng mea.sures for the entire operation are taken into account It
would not be possible to do so, however, (a) without assurances that adequate parking exists to
meet the present parking standards of the County, (b) without clearly stahng that the future
nght of way for an I-90 interchange and Univenity Road will likely be acquired and that
substantial improvements in these areas should be avoided, (c) and while the illegal parking
operaaon continues to exist on the %outhwest c;orner of Knox Avenue and University Road
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CASE NO. SPE-3-90 SPOKANE COUNTY ZONING ADJUSTOR PAGE 5
3. 1'he above tihortcomings could be addressed by the following
a. The removal of the unauthonzed parking lot of the southwest corner of Knox and
University, including the bamcading of the entranceways and the posnng of signs prohibiting
parking until and unless such time as a Condiuonal Use Pennit for a parlang faciliry is issued
pursuant to Sections 4 14 170 q and 4.24.310 of the Spokane County Zoning Ordinance
b. A parlang study for the property is prepared which assures that there is adequate
parking to meet the standards to meet the Zoning Ordinance for the amount of acreage in
outdoor storage and the amount of closed multiple-use spaces mthin the bwldings, including
the proposed building.
c. The provision of landscaping at the entrance to the pnmary facility on the east side
of University along the concept suggested by the Planning Departrnent The Planning
Department has suggested Type 3landscaping on both sides of the access gate on the east side
of University. This landscaping is proposed to be 20 feet long on the north side of the gate and
30 feet long on the south side of the gate, all wtthin the ownership and not within the exisnng
nght of way
d. The appLcant stands fully advised that a substantial amount of property may
eventually be acquu-ed for a futune Uruversity Road/I-90 interchange and that Umversity Road
North of I-90 will eventually requum up to 65 feet of nght of way on either side of the center
line of University Road, totaling up to 130 feeL
DECISION
From the foregoing Findings and Conclusions, the Zoning Adjustor APPROVES
the proposal, subject only to compliance with the following.
CONDITIONS OF APPROVAL
The following conditions shall apply to the applicant, owner and successors in interest
and shall run with the land
I. PLANNING DEPARTMENT
1. Evidence of eliminadon of the parlang area on the southwest corner of Knox and
University, including bamcading of the entrances and posting of a sign to the effect that this
parking area is not to be used for Spalding's Wrecking Yard
2 Presentaaon to and approval by the Planning Departrnent of a parlnng lot plan
which assures a required amount of parlang for empIoyees and customers exists in convenient
locahons on the land established as having nonconforming nghts by the September 3, 1969
Planning Deparnnent letter This parlung plan must represent the proper number of stalls for
the uses contained in the buildings and any addltaonal uses for the vanous acres of outside y:ird
storage, as may be appropnate
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CASE NO SPE-3-90 SPOKANE COUNTY ZONING ADJUSTOR PAGE 6
3 Installation of imgated landscaping on the north of south side of the main gate ati
requested by the Planning Department, specifically, 5 feet of Type 3 landscaping 30 feet aouth
of the gate and 20 feet of 5 feet wide Type 3landscaping north of the gate
4 The applicant is further given notice that future conswction of an I-90/University
Road interchange and future of an up to 130 foot wide University Road nght of way
proceeding north from the freeway to Trent Road Any improvements which the applicant
places in these areas whtch are not part of this or any other permit issued by Spokane County
will not be compensated by the acquinng Government Agency.
5. Conditions 1, 2, and 3 above must be satisfied before the Planning Department will
sign off a building permit application for the applicant's presently proposed building
6. No expansion of the wreclang yard operation is pernvssible south of Knox Avenue
and west of Umversity Road, consistent with the 1969 Planning Department Clanfication of
Non-conforming Rights until and unless proper pernuts ane obtained.
U. DEPARTMENT OF BUILDING & SAFETY
1. The applicant shall contact the Department of Building and Safety at the earliest
possible stage of design/development ln order to be informed of Code requu-ements
admirustered/enforced by the department, e.g , State Building Code Act regulations such as
requmments for fire hydrant/flow, fire apparatus access roads, street address assignment,
bamer-free regulations, energy code regulations, and general coordination with other aspects
of project implementaaon.
2 The issuance of a buddsng pernut by the Department of Building and Safety is
required
3. Requuements of Fue Distnct No.1 need to be saasfied dunng the building pernut
process
III. HEALTH DISTRICT
1 Sewage disposal method shall be as authonzed by the Duector of Utilines, Spokane
County.
2. Water service shall be coordinated through the Director of Unlides Spokane
County
3. Water service shall be by a nonpublic pnvate system owned and operated by the
tract owner and serving a single tract
4. Water service shall be by an exisang public water supply when approved by the
Regional Engineer (Spokane), State Department of Social & Health Services
5 Disposal of sewage effluent beneath paved surfaces is currently prohibited
CASE NO SPE-3-90 SPOKANE COUNTY ZONING ADJUSTOR PAGE 7
6. Subject to specific applicanon approval and issuance of permits by the health
officer, the use of an indrvidual on-site sewage disposal system(s) may be authonzed
7. A combined surface water and sewage disposat detailed plan shall be approved by
the County Engineer and the Spokane County Health Distnct pnor to the issuance of any
building permit for this projecL
8. Venfications of sepdc tank and drainfield locaaons from adjacent buildings will be
required for the building application process.
IV. SPOKANE COUNTY ENGINEER'S QFFICE
1. The applicant shall subrrvt for approval by the Spokane County Engineer and the
Spokane County Health Distnct a detalled combined on-site sewage system plan and surface
water chsposal plan for the entue project, or portion thereof, if the development is to be phased
2. The applicant should contact the Spokane County Engmeer's Department
concerning the requuements for the disposal of stormwater runoff
N4TICE: 'PENDING COMPLETION OF ALL CONDITIONS OF APPROVAL WHICH
NEED TO BE COMPLETED PRIOR TO PERMIT ISSUANCE, PERMTTS CAN BE
RELEASED PRIOR TO THE LAPSE OF 1TiE TEN (10)-DAY APPEAL PERIOD.
HOWEVER, THE COUNTY HAS NO LIABILTTY FOR EXPENSES AND
INCONVEIVIENCE INCURRED BY THE APPLICANT IF THE PROJECT APPROVAL IS
OVERT'[JRNED OR ALTERED UPON APPEAL
DATED this 6th day of June, 1990.
Thomas G. osher, AICP
Zonuig A stor
Spokane County, Washington
FILED
1) Apphcant (CernfiedlRetum Receipt Mail)
2) Parties of Record
3) Spokane County Engineer's Office
4) Spokane County Health Ihstnct
5) Spokane County Unliaes Department
6) Spokane County Department of Building & Safety
7) Spokane County Fue Protection DiStnct No 1
8) Washington State Dept of Transportation, Spokane Office
9) Planning Department Cross-reference File and/or Electronic File
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CASE NO SPE-3-90 SPOKANE COUNTY ZONING ADJUSTOR PAGE S
NOTE ONLY THE APPLICANT OR AN OPPONENT OF RECORD MAY F1LE AN
APPEAL WITHiN TEN (10) CALENDAR DAYS OF THE ABOVE DATE OF S1GNING
APPEAL MUST BE ACCOMPANIED BY A$10().00 FEE APPEALS MAY BE FILED AT
THE SPOKANE COUNTY PLANNING DEPARTMENT, BROADWAY CENTRE
BUILDING, NORTH 721 JEFFERSON STREET, SPOKANE, WA 99260 (Sections
4 25 090 and 4 25 100 of the Spokane County Zoning Ordinance)
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90
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Bldq. F'ermit Fee No. Fi.le No. 167
F'r o.j ect IVame
Addr e>> 4% F'.-A r c el IVc..
Sponsor' s Name / - Phone # P.j6p'',~q.,5
/h ~).y
Fnq i neer /Sur veyor' r ~.tc t' s Name
Tel Pphone #
F'1 ann i ng Gont ac t F'er 5c-n
i
Date Submitted Descr ipt ion Zn it ial s
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, ►►.~~A~ ~D ~~..E~~ ~r .►a.
PLANNING DEPARTMENT
BROAOWAY CENTRE BUIIDING N. 721 JEFFERSON STREET
PHONE 456-2205
` SPOKANE, WASHINGTON 99260
SVphANE C(1UM1TY CC'Uki nOUSC
fYOTIICIE CIF SPOKANIE ~OUH'II'ZY 7LOIYIIFJG AID.UUSUGIIB IPUIiBILEC IHIIEAIIR~~
DATE: April 11, 1990
TIME: 10:45 a.m. or as soon thereafter as possi6le
PLACE: Spokane County Planning Department
2nd Floor Hearing Room, Broadway Centre Building
North 721 Jefferson Street
Spokane, WA 99260 ; AGENDA ITEM 6 Gr;..r,;TY C~:~:.,
FILE: SPE-3-90
SPECIAL PERMIT FOR AN EXPANSION UF A NON-CONFORMING USE TO
ACCONiMODATE A NEW BUILDING WITHIN AND EXISTING WRECKING YARD:
L O C A T I O N: Generally locatcd north of and adjacent to Intcrstate 90 and approx imately
and between Felts and Johnston Roads in the S 1/2 of Sections 8 and 9, Township 25N,
Range 44EWM, Spokanc County, Washington.
P R O P O S A L: Applicant sceks to build a new 4,000 square foot building within an existing
wrecking yard as a non-conforming use as provided for under Section 4.25.030 (g) of the
Spokane County Zoning Ordinance.
EXISTING ZONING: Agricultural COMPREHENSIVE PLAN: Light Industrial
SITE SIZF: Approx. 65 acres, Project; 4,000 sq. ft. bidg.
APPLICANT: Spalding Wrecking
Max Spalding
S. 107 Stmet 4twV--"
Spokane WA 99204
ITEMS CARRIED OVER FROM PREVIOUS HEARINGS MAY BE HEARD FIRST, POSSIBLY
CAUSING DELAYS. LEGAL DESCRIPI70NS AND PROJECT DETAILS FOR TNESE PROJECTS
ARE AVAILABLE IN THE PLANNING DEPARTMENT FILES. APPEALS OF THE DECISION ON
THE ABOVE LISTED CASE MAY ONLY BE FILED BY THE APPLICANT OR AN OPPONENT OF
RECORD ACCOMPANIED BY A$100.00 FEE. (Sections 4.25.090 and 4.25.100 of the
Spokane County Zoning Ordinance.)
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SFOKANS GOUrTt'Y PLANNING LEPARTiVE TT
enor Tn&At►tQ AAam Tm 7o1viN[i 4vli LSTAR/BOARD OF
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Certificate of F.xemption No.: L Applicadoa No.:.5PF'.3_T
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Nsnae of Applicant: 10A Vo Agead` Y N D 3. 41v,nKe.-
Street Address:._'7
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Ci 1~~ nC state: Copd~a: 4 g,ao y Phona wvoni c:~ 3~- /
~ ~ Agents No. 54"Ke-
10 Nana of Property Owaar(a):
Stnet Address: A~ jPa/Q ~~11~
. :
C de: o!p ft~ wodcs~~•~yss-
1cy: a tata: n• C~op
REQUESTED ACTION(S) (CYrcle spproprtate actioa):
~ Condidoaal Un ftnait ~ ncoaf~g ~lllss~ ,
Weivor of Violatioa Temporary Usa/Structun Othar:
EQR STAFF USE ONLY QODB' ORDINANCE Cite Rcgulations Sectioa(a): ZS . 0 30 13
rt ~ Violation/ ~
Sectioa: ~ TawnshtP: Z~ RanSe:,~~ Stzo: Propo~ $nforceaie~ot: Y~
d _.J~
Facisting Zono• ~ Comp. Plan Des.: iiatzt Crosaover.'.7.' ~
Iri LEC3AI. r
PSSA: (ZN UTA.~1 ASA.4ZN FIRB DIST.,-,Z CMCKED BY:
Heariag Datr:_~ Personnel Taking in Appllcation:
Facisting Use of Property: ecl
Describe Iauaded Proposal ia Terms of REQ[TESTED ACTIONS sbove: .
Use
&a& 49~ ~ls~irr r~ ~,d/'ec~•~~/a r'~ C"4oig, Sec~ IV/$ 430
Street Address of Property: ad
Legal Descriptioa of Property (include easement, if applicablg):
New $/d~ -/grf{. /Z 0\ I7 A& aT gk~ Xv Q T S-~ ~ /ql s. oT A/G ~ i4
r
Sec4tax q-a,5--qy aKd q4e. N~i o R~$ 1/z e~L ~N/k7Sw Yef og s d. ~ 9• 2
.s-yy
3ovrce : Sera 3. 190 1 eqaf pfvm sPo Co.~an~~er a{~acfi,ee( .
Parcel No(s): -9;o ao s(2l Source of Legal: TCC..- T: f(.e-,
Total amouat of adjoiniag laad coatroUad by tWs owner/sponsor._, eo ? de- 2t
What intcrest do you hold in tha property? n fa~
Plesse list previous Planaiag Department actions iavolving this property:
SePL - I 7" 7 8 'o~~o~l. a~i wt ~~~rQ 1 S~ g70 ~ e-~• ~`~'rrr~ a_1&rjed •
I SWEAR, UNDER PENALTY OF PIItJURY, THAT: (1) 1 AM THE OWIVER OF RECORD OR
AUTHORI?.ED AGENT FOR THE PROP'OSED STTE; (2) IF NOT TiRE OWNIIt, wRrrm
P'E;RMISSION FROM SAm OWNER AUTHORIZIlVC3 MY ACTTONS ON HIS/IM BEHALF IS
ATTACHED: AND (3) ALL OF TH8 ABOVE RESPONSES AND THOSE ON SUPFORTINC3
DO ARE MADE TRUI'~~tJri.LY AND TO THEBEST OF KNO
~D~
Signed: ,
t. dUSp% Address: ~
, 9 o
~~~'o~ ~~~ti~'• h Phoa+e No.: Date: F 3~
: Y ~ Z: Notery: L3,,-c~
N4rI`ARY S :
Data: ~ U'9 o
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Page 3 of 4 ~Tq'' (Over) Rovised 3-4-88
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A. aLIRDEN
It is aeces0r~t~.fdr tFie - aippUcant or his/her representative to establish the reasoas
why the R~Q~ ACTIOI~ should be approved aad to liurally put forth the bosic
case. Ac~ordingly;, you should~ have been given a foren for your requested actioA
(variance, tonditionsl use. etc.)~%desigaed to belp you preseat your case ia a way
whucb add' sses tbe criteria v~ieh the Zoaing Adjustor must eonsidcr. Plcase fill
the form out and raturn :t wiji~ your application. If you did not get a form, a.k the
Planning Deputment ,rao0al for advice on how to proceod.
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i, ent iNTV .ALTH DISTRICT j ct
e
a) Proposed method of wster supply:
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b) Proposed method of sewsge disposal:
A prelimiaary ca~sultatioa has beaa held to discuss the The applicant
has been informed of requirements and standards.
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(SignBture) (Data) ' - ff ~Veived
2, C'niINTY ENCINEERING DEPARTMENT
A prcliminary consultadoa has been held to discuss the proposal. Thc applicaat
inform of^ raquirements aad stendards.
en
7be
3" 7 ~ * 0
gnature) (Date) (Sign-off Waived)
(
3. COUNTY UTILITIES DEPARTMENT (WaivC if outside WMAB)
A praltsgaary consultation bas beea beld to discuss the propossl. Tbe
applicanWZ ed of requircinenta sad stsadards.
- 3V 96)
(Sigooture) (Data) (Sip-off Waivad)
,
i l The applicant b requircd to discuss the proposal arith
to become informed of water system
rcquirament8 aad etaadards.
t] T'be applicaat is nquirr,d to discuss the propossl with
to become inforoned of sewege djspossl
requireaent= and stsa ards.
a
,4. IRVRYOllt! (Naive if Qutside CWSSAI
a) The proposal inAs ocated within the bouadary of our future
servlce srea.
b) Tbe proposal jSQ,s,not loceted wtthin the boundsry of our current
distrtct.
c) We are/are not sble to serve this site witb adequate wmr.
d) Satisfactory anaageaieats havelheve noc ban made to serve' this
proposal.
r(SignatuFa) (Date) (Sign4V Waived)
S. SEWERA ,E PLIRVEYOB:
(If other thaa Spokaae Coualy)
A preliminary consultation has been held to d3scuss the proposal.
Tbe applicant bss baen informed of requireanents and standards.
(Signsture) (Date) (Sign•off Waivad)
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III, EXTENSION OF NON-(ONFORMING USE (Sectivn 4.1 8.030 and 4.25.034 g, vf the Spokane
County Zoning Ordinance)
A. Was the building ar land under single awnership at the time of the establish-
ment of the zoning cl assi fication whi ch fi rst caused the non-conformance?
Yet) SaE'.+Z a-A c4d 4~r 4 *1 _DGfjoGc, S~491ot-~ GWed
q - 3 - fo5 -Prv►n. S'~90~e. (~a , ,~`'a n A, a-C► 6vi(JI, v1
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B. Was the bui'! ding or 1 an d occupi ed o r parti al ly kcupi ed by the cu rrent acti vi ty
or use at the time vf the establishment of the zoning classiflcation which
fi rst caused the non-cvnformance3
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i10KAMt COYhi♦ COU11T NOYfi ~
~ September 3, 1969
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Mr. Dolph Spalding, North 2210 University Road ,
- - Spokane, Washington 99206_ , ~ , ' r • ~
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Dsar Mr. Spalding: r
Re: Zoninq Ordinance Requlations Applicable to 1Ntecking Yard at .
North 2210 University Road. .
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Our office has conducted a search of County records on file in the Spokan$ County
Court House and, to the best of our determination, we believe this letter to be an accurate
accounting of Zoning Ordinance regulatfons applicable to your property at North 2210
University. By referQnce to Spo}:ane County Auditor's records on file at the Court House
and information you have aubmitted, wo liavo datermined that tlie following property,
utilized for wrecking yard purposes, has been legally established as a"non-conforming use
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As se s sor's Date Zoninq at Date Became
Parcel No. Deed No. Purch. Purchase Non-Conf. Use I,egal pescription
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09543-9020 437178A 5-3-40 Unclassified 4-24-42 Slf 2 of N 1/2 of N.W 1/4 of
, 4 SW 1j48 S of RR, Sect. 9-2 :
09543-9021 N 1/2 of s 1/2 4f Nw 1/4 oi
P. - SW 1/4, Sect. 1-25-44
09543-1215 6549 02A 12-13-41 All of Block 2 o~ Sullivan
09543-1301 654902A Lots 1-3, Block 1 of Sulliva
1302 451523B 5- 2-57 Agricultural " Lots 4-7, Block 1 of Sulliva
1303 654902A 12-13-41 Unclassified " Lots 8-9, 81ock, I of Sulliva;
1304 4626788 5-28-57 Agticultutal " Lots 10-11, B1o4k 1-Sullivaj
1305 654902A 12-13-41 Unclassified " Lots 12-16, Blodk 1-Sulliva
1306 394427C Not Purchased 311~I-1'Y " Lots 17-18, Block 1-Sulliva
1307 654902A 12-13-41 Unclassified " Lots 19-23, Block 1-Sulliva
1308 958632S Not Purchased y/ I.:~"y " Lots 24-25, Block 1-Sulliva
1309 654902A 12-13-41 Unclassi ied " Lots 26-30, Block 1-Sulliva
1310 476809B 7-26-57 Agricultural " Lots 31-32, Bloqk 1-Sullivar
1311 654902A 12-13-41 Unclassified " Lots 33-35, Block 1-Sulliva
1312 453820B 1- 7-57 Agricultural " Lots 36-37, Block 1-Sulliva
1313 654902A 12-13-41 Unclassified " Lot 38, Block 1 of Sullivan
1314 958531B 1-1WO-60 Aciricultural " Lots 3V-40, Block 1-Sulliva
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Mr. Dolph Spalding 2- , r September 3,r 1969
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Assessor's Date Zoning at Date 8ecame ~
Parcel No. Deed No. . Purch t Purcha se Non-Conf. U se Legal De scription
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08544-0101 718539A 9-25-46 Unclassified 6-23--55 Block 250 of Opportunity
08544-0102 Block 251 of Opportunity
09 543-141 T yt, ~ 'That portton of 8locks 3& 4
1116 . S
f . ~ of Sullivan lyi q north of thE
* Freeway (Int. 90)
09343-0631 740280A 2-24--47 Agricgltural Traats 99-103,pi Pinecroft
First Addition
09543-0601 275729B 8-29-54 Tracts 63,r 66, and that porti
~ of 69 lyg North of Freeway
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(1) The parcels listed in this table have been determined to be non-conforming grom aerial
photographs and data subnnitted by tha Zoning Adjustor and are legally established for
V&ecking Yard use in accordanco with Section 4.18.010 - S.C.Z.O. ~
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`Property that this office has determined to have no non-conformiiig rights due to its lack
of use for a wrecking yard and further,8 due to its separatior~Zf~rom your established wrecking
yard on the above-describecl property, is listed as follows.
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As se s sor's Date Zoning at Present . ~
Parcel No,, Deed No,, Purch,,,,,, Purchase ZonincL j, Iyqe a1 Descr4ption
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08544-0112 718539A 9--25-46 Unclassified Aqricultural N I/2 of Block 268 0f Opp.
08544-0108 718539A " Block 269 of Opportunity lyg
° North of Freewa 08544-0401 773668A 9-13-47 N 1/2 of Block 94 of Opp.
exc. Freeway s
09543-1116 654902A 12-13-91 Block 3 of Su11iVan lyq South
' of Freeway 'i
09543-1029 654902A Block 6 of Sullivan
09 5 43-1518 Block 5 of Sullivan lyq South
of Freeway '
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(2) The property described in this table has been found to have no non-conforming land use
rights due to beinq separated from the actual wrecking yard area by the Valley Freeway,
University Road, and Knox Roadt and, due to the inactive use of the property for a
period of one yPar or more. (Section 4.18.010 - S.C.Z.O.)
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It i s our finding s that Tracts 250 and 251 of Opportunity were zoned on june ~ 3 8 19 5 5 r
and that prior to that ttme you did, indeed, have cars located on this property. Therefore,
we can detormine that the wrecking yard use of the property was a leqaily e stablished "non-
conforming use,, with all the i-ights attached to such a use.
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Concerniag non-conforming uses s Chzpter 49 18, subsectiona 4.18.110-130 define a
and 11mit9 non-aonforming usee to tha fallowing; ~
4.18.010 Cont3nuance of Non-Conforming Use When permitted. r -
The lawful use of the 1. ncl or Fremises existing at the time of the adoption pf this
Title, although such uso does not coniorm Lo the provision of thie Title'r may be
continued, but if such non-conforming use is abandoned for a period of one (1)
year,, or more, any further use of such lands or premises shail be in conformity ,
with the provisions of Lhis Title. The rriera presence of a etructure shall n~t be
deemed to constitute the continuance of a non-conforming use unless such structure
is actually occupied anci employed in maintaining sueh use.
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4,18.020 Restoration of Non-Canfonning Use Wlien pormitted.
Nothing in this Titla shall ba deemed to prohibit the restoratton of a buildfng within
a period of six (6) months from tha data of its destructton by fire, explosion, act of
God, or act of the public enemy provided, howeverf that the setback and yard
requirements of the zc•:e shall be adhered to whether or not they were in epnformance
prior to destruction of the building. '
4.18.030 Extension of Non-Gonforminq Uses Permit Required.
The 8oard of Adjustment, in accordance with the provisione of Chapter 4.25 af this
Title may grant a permit for the extension of a non-conforming use throughout any
building or land under single ownership at the effective date of this Title, occupied
or parti,311y occupied by auch use at tho time of passage of thiz Title. '
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This office presents this letter to you for your investigation. We requestjthat you
notify us of any iaformation contained therein which you believe to be fncorrectiand if
there be any such,, that you furnish us with approprlate documentation. 1
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t ~ Sincerely, ~
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~ . G%i~~.,r~.r~~ •
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; . C HARLE S L. HUGO fiNS
;
f Director of Planning '
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09545-9058 1 WEST COAST GROCERY CO BOX 1834 p1169~
TACOMA WA 9e4~71
LAND IMFS TOTAL C.FIRE C.WEED CERT.TAX U.FIRE U.WEED UNPD.TAX EX COD
456100 5842500 7298600 .00 4.46 129554. 15 .00 4.46 129550. 15 212
456100 5842500 7296600 .00 .00 • 4d • 00 • Oa •00 212
.FIRE U.WEED UNPD.TAX EX CODE YR ST U.FIRE U.WEED UNPD.TAX EX CODE YR ST
,
l VALLEY BUS FK 09-25-44 W194GFT OF S1/2 D 94 1
IF S1/2 OF NW1/4 LYG SLY OF MONTGOMERY RD EXC E20OFT OF W53OFT
F N20t7FT THEFtEIN; W1900FT OF N1/2 OF SW1/4 LYG NLY OF R/R RW ETC
49545-9058 BLACk 88-4756 000404 N VALLEY BUS PK 06/24/88 TAX UNPD
FIRE IMPROVED UNIMPROVED TOTAL LAND IMPR. TOTAL
ACRES ACRES VALUE ACRES VALUE ACaES VALUE VALUE VALUE YR EX CODE
44.63 1456100 .00 44 . 63 1456100 5842500 7298640 90 212
44.63 1456104 .00 44.63 1456100 5842500 7298600 21"")
44.63 1456100 .00 1456100 5842500 7298600
09-25-44 W1900FT QF S1/2
OF S1/2 OF NW1/4 LYG SLY OF MONTGOMERY aD EXC E200FT OF W530FT
OF N200FT THEREIN; W1900FT OF N1/2 OF SW1/4 LYG NLY OF R/R RW
AND EXC CO RDS
09545-9058
BLT REM ST RMS BDRMS BTHS BSMT CONS AREA COND FP RO DW GD WW RR Bb SS PAT INT
74 79 0453684
A I R SPFt DK CPT GAR SMP USE UNTS LOT S I Z L. AFcEA ACRES S. DATE S. PRI CE 1% AFF 0
E 07/31 /8 r 20000 N011310
HLD 1 VAL BLD 2 VAL BLD 3 VAI.
4990000 0852500
ZONE HEAT FtOOF SIDE AFPFAISER
00 99
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SPOKANB COUNT'Y PLANNING LF.PARTl1lM iT
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Certificatc of Exemptioa No.: Applicstion No.:
,
, Name of Applicant: i 1~ ~ Agan~ Y N D 3`~l u►n1 e--
r
Street Address: ~
?.ip Phone - Honie:
City: LI- a,NC State: & Code: 410-D y W0rk:..e3'$-•-2~/ /
Agents No. 54+rLe~
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Name of Property Owaer(s):
Street Address: A/ ~av UaLve~~~
~ ZIp Phona . Home•
.
City: ~o &it4,.,►4tate: O1 /7 - Code: .Va D & Wo~lc:~-~~rss-s
REQUESTED ACTION(S) (Circia spproprtate acdoa):
V sriance(s) ~ Conditional Usa Ponait n nfQ=W *=vU":::3
Woiver of Violation Temporary Use/Structure Other:
MR STAFF USE ONLY CODZ- ORDINANCE Clta Regulations Sectioa(s):
Property VialatYon/
Sectioa: . Towaship: Range: Siza: lgnforcement: Y N
Existing Zoae: Comp. P'laa Des.: Crossover
IMAZ.
PSSA: Y N UTA: Y N ASA: Y N FIItE DIST.t CHECKED BY:
Hearyng Date:: , Personaal Tsking in Application:
Exlsting Use of Property: 4aze-GAsoi` VQ r'd
Describa Intended Froposal in Ttrms of REQUESTED ACTIONS above:
/low-do4e,"in1 41.sc°. -/d Gtccoryfoc~u~~:- 4,1°,ctJ
ya r'cl D3L>
~e~ • ~Z1~ ey/sliq f.d/'ee~n.cs-~~
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Street Address of Property: ~ ~a/o ~rs~~~ ~C~•
Legal Descriptioa of Property (iacluda aasemeni, if applicable):
rA(,e,w 341(4 4141) s Vz 04 NyZ 04 gw y~ 04 sc) ia.$ s . o ~ ~ R R,,* ; z
VQV40v- a~~~y~ 3.r-v7
5'ovK~ ; S 9ro~e~a~ ~rn S'~o Co,'~ar►n.~e,r a~~c,.liec~.
Parcel No(s): Source of I.cgal: 400 +4'--
Total amount of adjoining land controlled by this owner/sponsor: 6,7 A-t
What intarest do you hold In the proparty? n
Pleose list previons Planning Department aetions iavolving thls property:
17' 7 8 ? 'B 449I1. aQbvri ~ re / s,jg 70 4 e1~• ~~~i'cm a, ~ryjeol'
I SWEAR, UN'DER P'ENALTY OF PERJURY, THAT: (1) I AM THE OW+tER OF RECORD OR
AUTHORIZED AGENT FOR THE PROPOSED $TrE; (2) IF NOT TFE OWNER. WRITTEN
PERMISSION FROM SAID OWNER AUTHORIZIINC3 MY ACTIONS ON HIS/HER BEHAI.F IS
ATTACHED: AND (3) ALL OF THB ABOVB RESFONSES AND THOSE ON SUPP+ORTING
DOCLMMM ARE MADE TR Y AND T0 THE BEST OF KN0 ~
Sigaed:
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,.ry t.: BU ISp Address:
~ o~` ~I%•. ~ Phone No.:
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NOTARY S Z: 10. Notsry: 1--~u~
.
~Date:
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Page 3 of 4~1~~lqR (Over) Revised 3-4-88
!
O~,ti~t`~►s,~, 1
A. E iRn E,x or _ , hn~` ~ • .
It is neces ;fasr ' tht• • a~pUcant, or his/her ropresentauve to establish the reasons '
why the R~ U~: STED ,A G T I O s hould b e approved aad to literally put forth the basice
c a s e. A c~ o r d i n g l yiJo u s h o u l h a v a b e e n g i v e a a f o r m f o r yo uc r e quested sction
(v an a c e, ~ o n i t i o n a 1 u s e, e t c.)~ d e s i g n e d t o h e l p y o u p r e s en t your case in a wa y
w h i c h a d fts ses the ~riteria ch the Zonin g Ad justor must consider. Please fill
the form out aad retura it wi yow spplication. If you did aot get a form, &-Qk the
Planning Degartment j~►e,rs~~el for advice on how to proceed.
106 ~
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B. ST~ OFF BY CO DEPARTMENTS AND OTHER ACENCIES ,
1. CQUNTY HEALTH DISTRICT
A~~ '
a) Proposed method of aater suppiy:
b) Proposed anethod of sewage disposal:
The applicsnt
A preliminary consultadon has been held to discuss thOcwaived)
has been infonaed of requtrements aad standards.
,
(Si.gnature) (Date) 2. COUNTY ENC•INEERINC. DEPARTMENT
A reliminary consultation has been beld to dtscuss the proposal. The applfcant
h s been inform of^ requiretaents and standards.
3 , r ~Q
gaature) (Date) (Sign-off Waived)
3, COUNTY tJTII.ITIES DEPARTMENT (Waiva If autside WMAB)
A preliminary consultatlon has been held to discuss the proposat. Thc
applicaat has been informed of requirenieats and standards.
' (Signature) (Date) (Sign-off Waived)
The applicant is requtred to discuss the pro►posal a►ith
to become informed of wster system
requironnants and standards.
The appltcant is required to discuss the proposal with
to become informed of eewage dtsposal
reguirements and standards.
4. WATER PURVEYORs fVVaive ~f eutside CWSSAI
a) The proposal isfis not iocatad within the boundary of our future
servica ana.
b) The proposel i,i(isnot located within the boundary of our current
distrtct.
c) We an~n,Qt able to serve this site with adequate water.
d) Sattsfactory arrangements have/hsve not been made to serve this
prop,osal.
(Sigaature) (Date) (Sign-off Waived)
5. SEWERAGE PURVEYORt
(If other thaa Spokane Couaty)
C] A preliminary consultation bas been held to discuss the proposal.
The applicant bas been informed of requirements and standards.
(Signatura) (Date) (Sign-off Waived)
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Page 4 of 4
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NAME:
FILE
III. EXTENSION OF NON-CONFORMING USE (Section 4.18.030 and 4.25.030 g, of the Spokane
County Zoning Ordinance)
A. Was the building or land under single ownership at the time of the establish-
ment of the zoning cl assi fi cation whi ch fi rst caused the non-oonformance?
~e_-_) - s ~e e- a4u c~d IaA~r 4 47Do ~jP4,. S~aUt.wj o(e4ed
~ `3 - &9I -Prom- glookcme. rt•z., ri.i (c.ft /o c
f 5 cv fi~. ~ K- w~.~ de ~i t~`~d
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B. Was the buil di ng or 1 and occupi ed or parti al ly occupi ed by the current acti vi ty
or use at the ti me of the establ i shment of the zoni ng cl assi fi cati on whi ch
fi rst caused the non-conformance?
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OFFICE OF THE COUNTY ENGINEER
SPOKANE COUNTY, WASHINGTON
March 27, 1990
TO: SPOKANE COUNTY PLANNING DEPARTMENT (Current Planning
Administrator)
FROM: SPOKANE COUNTY ENGINEER
SUBJ: SPE 3-90
re: Variances
,
The 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.
E44 The applicant shall submit for approval by the Spokane County
Engineer and the Spokane County Health District a detailed
combined on-site sewage system plan and surface water disposal
plan for the entire project or portion thereof if the
development is phased. This conditions applies to the
proposed new addition.
The applicant should contact the Spokane County Engineer's
Department concerning the requirements for the disposal of
stormwater runoff.
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OFFICE OF THE COUNTY ENGINEER
SPOKANE COUNTY, WASHINGTON
March 27, 1990
TO: SPOKANE COUNTY PLANNING DEPARTMENT (Current Planning
Administrator)
FROM: SPOKANE COUNTY ENGINEER
SUBJ: SPE 3-90
re: Variances
,
The 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.
E44 The applicant shall submit for approval by the Spokane County
Engineer and the Spokane County Health District a detailed
combined on-site sewage system plan and surface water disposal
plan for the entire project or portion thereof if the
development is phased. This conditions applies to the
proposed new addition.
The applicant should contact the Spokane County Engineer's
Department concerning the requirements for the disposal of
stormwater runoff.
SPOKANE COUNTY ENGINEER r ~.s°-~o y
N 811 JEFFERSON ` o K
'sf 3 9 ~jQ
SPOKANE, WASHINGTON 99260-0170 rJ.S POSTAGE*
aa100190
J Q25
O,f ~lvx'."Vooooo/ NMCTE0342704 #
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SPALDING WRECKING '
MAX SPALDING
d~ S 107 HOWARD
SPOKANE WA 99204
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