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SPE-3-90 • . r 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 • . 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 ! r 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 r 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 ~ , 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 • . 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 ~ e • 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) c 90 . 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 . • r. ; ~ , ►►.~~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.) . - : SFOKANS GOUrTt'Y PLANNING LEPARTiVE TT enor Tn&At►tQ AAam Tm 7o1viN[i 4vli LSTAR/BOARD OF . ~ Certificate of F.xemption No.: L Applicadoa No.:.5PF'.3_T . Nsnae of Applicant: 10A Vo Agead` Y N D 3. 41v,nKe.- Street Address:._'7 . • 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 • 4. Pfs Page 3 of 4 ~Tq'' (Over) Rovised 3-4-88 Rr P~ , . ► . . . 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. « i 8. - . r i, ent iNTV .ALTH DISTRICT j ct e a) Proposed method of wster supply: ~ 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. _ (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) ' ~ . ~ : Page 4 of 4 ' ~ ~ . • . . NAME: F IL E gpe .3 fo 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 ~ ~ ~ rJ !?,(~Y! `+~Yt-F~'+Mi r✓~C., +f"'~ ¢ Y' i e- i(e ,r"" (-r4e us 4 Yl -r~'UK'~v~~►+Yl fl~ ~ 41 . . , - r t . 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 i V R 4& Yf' - - iex t vt ;5 ~'~c Q5 Sr- d2l'or'5 ~ ~ 1.~ , • r - ~ _ r ~ , • . ii • . . ~M! 4 E , . ' ~ ' ' y ~ 8PO8A1q8 GOZJriTY PLSN11IPtO QOMMI6ITON . ~ ~ i j' j~1 • i rwiar.,x e• tiM t[xr, aao aa t , 3~~"~ i,~ f y` , ' t L147,~ ti~~~~f-t ~I io ~~';•~rr ~ , 4 { + ~ .j gIP08PAX~,WA8IUNVr0W 00991 i10KAMt COYhi♦ COU11T NOYfi ~ ~ September 3, 1969 t ~ Mr. Dolph Spalding, North 2210 University Road , - - Spokane, Washington 99206_ , ~ , ' r • ~ 1 Dsar Mr. Spalding: r Re: Zoninq Ordinance Requlations Applicable to 1Ntecking Yard at . North 2210 University Road. . . 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 ~ . i As se s sor's Date Zoninq at Date Became Parcel No. Deed No. Purch. Purchase Non-Conf. Use I,egal pescription . 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 . } ' , . ~ = 1 .,rr/• , J y ~ ' • , • , , ~ •A' ~ 1 ~ . ~ 7' r i + ♦ ~ ~ + y,~ . ~ry i •M r,~ ~ « • i Mr. Dolph Spalding 2- , r September 3,r 1969 h . ~r.• , d r ' • ` t,~ + . Assessor's Date Zoning at Date 8ecame ~ Parcel No. Deed No. . Purch t Purcha se Non-Conf. U se Legal De scription , 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 ~ . . (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. ~ r i % . `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. . i As se s sor's Date Zoning at Present . ~ Parcel No,, Deed No,, Purch,,,,,, Purchase ZonincL j, Iyqe a1 Descr4ption . ~ 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 ' i , t (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.) j < ~ t , . , . r Y tt r r ' . • i ' vr ~ ~ - f t„' r ~,~r.•~4.w.t ,r. ~ . , 1 , "1 , I• I • ' wlf, { ~ ~ . ~ ♦ ~ ~ t ~ 1 1 , w• ~ 1~ 1 . ' t ~ i ► ~ r►r• SW . ~ J•. . ' .t . 1 ~0 . ~ ~ ~ ~ 1 ; ~ 1 • ~ 1 j ` 1 t ~~sl ~ ~ , t fvir. Dolph Spalding ff September ~ 1969 ~ • f • J t I i f 1 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. 1 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. . ~ 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. ' , 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 . . t ~ Sincerely, ~ . ~ . G%i~~.,r~.r~~ • ~ q ; . C HARLE S L. HUGO fiNS ; f Director of Planning ' . . CLH:crtiw ° ~ i ~ d r t r i r 1 I...e . • • 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 4• , ~ YI k ~ • • . n • SPOKANB COUNT'Y PLANNING LF.PARTl1lM iT ~ . 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'$-•-2~/ / Agents No. 54+rLe~ ~ ' . Name of Property Owaer(s): Street Address: A/ ~av UaLve~~~ ~ ZIp Phona . Home• . City: ~o &it4,.,►4tate: O1 /7 - Code: .Va D & Wo~lc:~-~~rss-s REQUESTED ACTION(S) (Circia spproprtate acdoa): V sriance(s) ~ Conditional Usa Ponait n nfQ=W *=vU":::3 Woiver of Violation Temporary Use/Structure Other: MR STAFF USE ONLY CODZ- ORDINANCE Clta Regulations Sectioa(s): Property VialatYon/ Sectioa: . Towaship: Range: Siza: lgnforcement: Y N Existing Zoae: Comp. P'laa Des.: Crossover IMAZ. PSSA: Y N UTA: Y N ASA: Y N FIItE DIST.t CHECKED BY: Hearyng Date:: , Personaal Tsking in Application: Exlsting Use of Property: 4aze-GAsoi` VQ r'd Describa Intended Froposal in Ttrms of REQUESTED ACTIONS above: /low-do4e,"in1 41.sc°. -/d Gtccoryfoc~u~~:- 4,1°,ctJ ya r'cl D3L> ~e~ • ~Z1~ ey/sliq f.d/'ee~n.cs-~~ r Street Address of Property: ~ ~a/o ~rs~~~ ~C~• Legal Descriptioa of Property (iacluda aasemeni, if applicable): rA(,e,w 341(4 4141) s Vz 04 NyZ 04 gw y~ 04 sc) ia.$ 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: . ' ,.ry t.: BU ISp Address: ~ o~` ~I%•. ~ Phone No.: . ~ NOTARY S Z: 10. Notsry: 1--~u~ . ~Date: f s ~U~ ` ~ 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 ~ 00 ,s~,r ~Q 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) , Page 4 of 4 . r ~ T IV A 40, 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 i ~ ~ 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? 4- r1=a- a.~7av~ ~ ~ 04n~44 [>5 Up=+ Q. S ~'v o5 s ~ . ~ . ~ 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. , . , . ~ 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 # t ~ SPALDING WRECKING ' MAX SPALDING d~ S 107 HOWARD SPOKANE WA 99204 ~ -A + ~ ~G ef 1C~~ f. ~ ~ ~ ~'ic ~►r ~ R 0 4 AF n ~a , ~•t~,, a„ , r i o~/ ,r ) i ~ . F ~ 3 ~ 1 _ - I . , Z5 1111, ' ~ dc do* - , *j ~ • ~ t ~ 40P 41. `'t •~F~ ~ ~~~ts r • • 1 • ~Q / e . ~c ~ . / • ~ ~ ~ i OU KEYEa 3 * i,"~' 0~'ypZ~ ~ _ m. j#,t,KS : 1 oo Ko~T*oM~~Y - < A • .'L ~ Z ~ ~ -lp b9 ~Ir , t 9 e 'r' ~4 . • J~'+e!'+~e.'~ 1 ~ ~ ~~x ~ C,~h►• . ~ ` r ~ ' ~3 ~ • 8~ ~ . ~ v ` r ~ • ~ ~ ~ ~j. +i• rt~1 ' tr ~ i . ~ C,7~, - " ~ ~ . ~►a~ ' ~ ` ~ _ ,~r , - go ; EL•or . O i AAbl'~ ► 3 ~ o°c µ~s ~oN • ~ . ~ 1;A000 . o ~ ~ • IL ; . 4 ~ j ► ti r ♦ ~ + ~ Zt Q ~ ~ ~ l ` : ~ NrJr," r , r, O;A ~Q P~d i R . I . 4 . ♦ ~ 4t I . f ~ • ~ , . . ~ ~ , ~ ♦ ' ~ • ~ ,~'l~ ,QO ~ t 5 ~ . 4( . ~ "~r„w,-• 't~,~•~ , , ti. ~9l 3 ~ y. G1 ~ , s z , ~ 1 ' R R r~cK, ~ ; . ~ ~ y • ~ ~ s ! 'ao y s - . a 1 ~ ,li L 1 l~l7 M , ~ 1- ~ IoD l^,~ J l L G~ f!~ ~ MNrar. - g~6' i , r~ra1~+~,~~ _ 37,77 , , q~ y Y ' • ~ • ~ 101 ~ ~ _ . ~ ~ • 8 ~ ~ , l (ri i „ , , 71 4°a" ► f w - ~ ~ Y , ~ ? At , ! a~ 1 . 163 - , 9- 3 GOY~ t/ ~ . J3 04 c yt ~G a , „ 0 127 t` 7S 1~^ , r~ ~ t 1 4 ~ ~ ~ .