CUE-18-86
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RECEe V~D
ZON I NG ADJ USTOR ~~C j' 7 1986 SPOKANE COUNTY, WASHINGTON
~PpKAN~ GOUf~!TY E~yGINEER
IN THE MATTER OF A PERMIT FOR A TEMPORARY )
CONTRACTOR'S STORAGE YARD. (CUE-18-86); ) FINDINGS, CONCLUSIONS MOCON CORPORATION ) AND DECISION
SUMMARY OF APPLICATION: .
The applicant has established a temporary contractor's yard on two vacant residential parcels in the Spokane Yalley. The applicant wishes to make this
use an authorized use. Authority to consider and grant such a request exists
pursuant to Section(s) 4.05.030 e, of the Spokane County Zoning Ordinance.
LOCATION:
The location is generally south of and adjacent to 24th Avenue, between
Skipworth Road and Bowdish Avenue in the southwest 1/4 of Section 28, Township
25, Range 44. The Assessor's Parcel ~'s are 28543-2504 and 2505.
DECISION OF THE ZONING ADJUSTOR:
Based upon the evidence presented and circurostances associated with the
project proposal, the Zoning Adjustor APPROVES the proposal conditioned and
stipulated as set forth below.
PUBLIC HEARIN6:
After examining all available information on file with the application and
visiting the sub~ect property and surrounding area, the Zoning Ad~ustor
conducted a public hearing on August 11, 1986, rendered a verbal decision on
August 11, 1986, and a written decision on ,~2 , 1986.
O
~ FINDINGS OF FACT ~
1. The proposal is located generally south of and adjacent to 24th
Avenue between Skipworth and Bowdish Avenues in the Spokane Valley, in the
southwest 1/4 of Section 28, Township 25, R'ange 44 and is further described as
Assessors Parcel #'s 28543-2504 and 2505, being more completely described in
Zoning Ad~ustor file CUE-18-86. ,
2. The proposal consists of allowing the use, for a period not to exceed
six (6) months, two lots located in a residential subdivision on 24th Avenue
for a contractor's storage yard. The contractor, a primary contractor for the
Yalley Sewer Interceptor, has stated their involved in the construction of one
. of the segments of the Spokane Yalley Sewer interceptor project in the
vicinity of 25th Avenue. They have a choice of locating all of their
equipment on the streets at the construction site and moving and fencing around the equipment as they move through the neighborhood installing sewers.
The sewers in this location are deep enough that the entire street needs to be
excavated to the limits~of, and sometimes exceeding, the curbs. They have
found it desirabl• fro~a the standpoint of efficiency as well as general safety
and containment of an attractive nuisance to locate some of their equlpment in
an area which is permanently fenced, thus not allowing equipment to sit out in
the street right-of-way. The contractor is a Oregon~~ased contractor who has not succeeded in wfnning any more contract bids on the Valley sewer. Their
projected date of~completion is October 18, 1986.
3. In utilizing the space, the contractor has erected no permanent
structures, nor is it using the only permanent structure (a 3-car, block
garage) which exists on the site. The contractor does not foresee any
possibility of re ceiving additional contracts fo r sewering. The construction work in which the contractor is engaged is located several blocks to the
southwest and will be in the future several blocks to the east and sli9htly
south of this location.
- - wa~Cr. - - - - - -
c) if possible, areas around the storage tank subject to spills or
lea'ks should have some kind of secondary containment for
limiting environmental damage resulting from spills.
9. The previous use of two lots was vacant land with- the existing
concrete block garage.
10. The proper legal requirements for advertising of the hearing before
the Zoning Adjustor of Spokane County have been met.
~ The oresent Snnkane Cniintv fpp ctriict~irp fnr thic narmit invnlvac
. . • r • -r . - v • v . v . v. - . r r- . v v I . ~ .r payment based on.the cost of county personnel time invested in processing the
perrni t. A 1 og of such t iine and expend i tures i s conta i ned i n the f i 1 e. The
Spokane County policy is that the fee shall be paid prior to the signing of
the decision. The expenditures associated with the processing of this permit
amount to $86.26. 12. The scheduled public hearing for this item was inadverently scheduled
at the same time, place, date and hearing room as the regular meeting of the
Spokane County Boundary Review Board. Consequenetly the meeting location was
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FINDINGS, CONCLUSIONS AND DECISION FILE CUE-18-86 PAGE 3
changed to the Board of County Commissioners Assembly Room and appropriate
signs were posted at the advertized hearing room space and in other locations
in order to direct persons interested in this case to the relocated hearing.
13. Any conc l us i on here i naf t.er stated wh i ch may be deemed a f i nd i ng
herein is hereby adopted as such.
From the Findings, the Zoning Adjustor comes to these: -
CONCLUSIONS
1. The proposal is not detrimental to and is compatible with the public
health, safety and welfare. The security provided by the fenced location of
this concentration of the construction company's rolling stock is preferrable
to leaving the same equipment in a relatively insecured location in the public
right-of-way at the construction site. The benefit to the general welfare/ public interest exceeds to short term inconvenience to the immediate residents.
2. The Zoning Adjustor may require such conditions of approval as
necessary and appropriate to make the project most cornpatible with the public
interest and general welfare.
3. The use is of.a temporary nature, most probably being removed by the 3rd or 4th week of October.
,
4. There has been no substantial structure erected on the site. The
equipment trailer, other equipment and the 10,000 gallon diesel fuel tank will
be removed. The site will be returned to its original state. The front fence
and gate will remain.
5. The objective of establishing the temporary use can definitely be
achieved in less than a six month period of time.
6. It is appropriate to bring the street side equipment into the fenced
area, even if the result is to place one more piece of rolling stock at the
construction site.
7. It is also appropriate that the applicant see to the removal and
proper d i sposa l of any contam i nated so i l s and the p l acement of c l ean so i l s i n
their place.
8. It ~is also appropriate that containment of any-leaks or drips be
safeguarded against to the maximum extent possible, given the temporary nature
of the usage.
9. Given the short term duration and the pre-existing conditions
associated with this permit it is appropriate for the applicant to comply with
any corrective action within 10 days from the signing of this order and to
have complied with soil restoration within 20 days of the expiration date of
this permit, including an inspection and verification by the Zoning Adjustor
or his assignee.
10. The fee of ~86.26 must be paid before signing this permit.
11. Any finding herein before stated which may be deemed a conclusion
herein is adopted as such.
DECISION
.
From the foregoing Findings and Conclusions, the Zoning Adjustor APPROYES
the proposal. The following CONDITIONS OF APPROVAL ARE STIPULATED.
- - - v. ntH~in ul~ittt~~ - - -
1. None is applicable.
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FIMDINGS, CONCLUSIONS AND DECISION FILE CUE-18-86 PAGE 5
VI. ENGINEER'S OFFICE
1. None is applicable.
DATED THIS g A' DAY OF -i%gtrst, 1986.
Thomas G. Mo , AICP
Zoning Adjusto , Spokane County
Washington
FILED:
1) Applicant
2) Parties of Record
3) Spokane County Engineers Office 4) Spokane County Health District
5) Spokane County Utilities Dept.
6) Spokane County Dept. of Building & Safety
7) WA State Dept. of Ecology, Spokane Office, Attn: Claude Sappington
NOTE: ANY PARTY AGGRIEVED BY THIS DECISION MUST FILE API APPEAL WITHIN TEN
(10) CALENDAR DAYS OF THIS OATE.
0095z/8-86
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REcLFrvEl) ZONING ADJUSTOR 'OCT 7 1986
SPOKANE COUNTY, WASHINGTON
SPOKAN~ CaUrk!TY EPlGINEER
IN THE MA7TER OF A PERMIT FOR A TEMPORARY ~
CONTRAC70R'S STORAGE YARD. (CUE-18-86); ) FINDINGS, CONCLUSIONS
MOCON CORPORATION ) AND DECISION
SUMMARY OF APPLICATION: The applicant has established a temporary contractor's yard on two vacant
residential parcels in the Spokane Yalley. The applicant wishes to make this
use an authorized use. Authority to consider and grant such a request exists
pursuant to Section(s) 4.05.030 e. of the Spokane County Zoning Ordinance.
LOCATION:
The location is generally south of and adjacent to 24th Avenue; between
Skipworth Road-and Bowdish Avenue in the southwest 1/4 of Section 28, Township
25, Range 44. The Assessor's Parcel I's are 28543-2504 and 2505.
DECISION OF THE ZONING ADJUSTOR:
Based upon the evidence presented and circumstances associated with the
project proposal, the Zoning Adjustor APPROVES the proposal conditioned and
stipulated as set forth below.
PUBLIC HEARING:
after examining all avaijable information on file with the application and
visiting the subject property and surrounding area, the Zoning Adjustor
conducted a public hearing on August 11, 1986, rendered a verbal decision on
August 11, 1986, and a written decision onltuq"t .2 , 1986.
O
FINDINGS OF FACT 1. The proposal is located generally south of and adjacent to 24th
Avenue between Skipworth and Bowdish Avenues in the Spokane Ya11ey, in the
southwest 1/4 of Section 28, Township 25, Range 44 and is further described as
Assessors Parcel #'s 28543-2504 and 2505, being more completely described in
Zoning Adjustor file CUE-18-86.
2. The proposal consists of allowing the use, for a period not to exceed
six (6) months, two lots located in a residential subdivision on 24th Avenue
for a contractor's storage yard. The contractor, a primary contractor for the
Yalley Sewer Interceptor, has stated their involved in the construction of one
of the segments of the Spokane Valley Sewer interceptor project in the
vicinity of 25th Avenue. They have a choice of locating all of their
equipment on the streets at the construction site and moving and fencing
around the equipment as they move throu9h the neighborhood installing sewers.
7he sewers in this location are deep enough that the entire street needs to be
excavated to the limits of, and sanetimes exceeding, the curbs. They have
found it desirablo from the standpoint of efficiency as well as general safety
and containment of an attractive nuisance to locate some of their equipaaent in
an area which is permanently fenced, thus not allowing equipment to sit out in
the street right-of-way. The contractor is a Oregon based contractor who has
not succeeded in wTnning any mo re contract bids on the Valley sewer. Their
projected date ofcompletion is October 18, 1986.
3. In utilizing the space, the contractor has erected no permanent
structures, nor is it using the only permanent structure (a 3-car, block
garage) which exists on the site. The contractor does not foresee any
possibility of receiving additional contracts for sewering. The construction
work in which the contractor is en9aged is located several blocks to the
southwest and will be in the future several blocks to the east and slightly-
south of this location.
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FINDINGS, CONCLUSIONS ANO DECISION FILE CUE-18-86 PAGE 2 4. The existing land uses in the area of the proposal are single family
housing. These uses are in conflict with the temporary storage yard use.
Public testimony was presented by persons who objected to the use of 24th
Avenue by the equipment as it departed from and arrived back at the storage
yard. Additionally objections were stated to the early morning hours of the
construction activity. However, upon more detailed questioning by the Zoning
Adjustor it turned out that these parties objections were for the rnost part
directed at the continual circuitious route followed by.the construction
trucks as they were filled at the east end of construction work on 25th and
circled to the north on 24th Avenue and dump their load of sand and gravel on
top of the newly laid sewer at the western end of the open construction
project. The particular parties who were complaining recognize that within
about a week and a half to two weeks the construction will have passed far
enough to the east so that they should not be bothered anymore. However,
their objections still stand.
5. The contractor has erected a six-foot street-side fence, thus
completing fencing of the entire two lots, including a gate. -However, several
pieces of stationary equipment have been stored outside the fence on the edge
of the curb. Upon questioning about this, the Mocon representative stated
that they did this only as a means to allow the placement of one more piece of
rolling stock inside the storage yard.
6. Other than the departure of the rolling stock in the morning and its
return in late af ternoon, the storage yard is not the source of much other
activity or noise for the most part.
7. Inspection of the site revealed that there appears to be minor
seepage or spilling of diesel fuel from the 10,000 gallon above ground diesel
tank. This tank is used to fi11 vehicles in the morning and a mobile tank
which is used at the actual construction site. A spill was observed at the
tirne of inspection, however. this turned out to be water from the sprinkler
truck.
8. As a result of the observed spillage, advice was sought from the
Spokane County Health Oistrict which in turn referred the matter to the
Washington State Department of Ecology. The Department of Ecology, by letter
of August 1, 1986, made the following recommendations:
a) soil contaminated by leaks or spills must be cleaned up and the
contaminated soil transported to an approved solid waste
disposal site.
b) the Department of Ecology shall be notified of any oil spills
exceeding 55 gallons or posing a threat to surface or ground
water.
c) if possible, areas around the storage tank subject to spills or
leaks should have some kind of secondary containment for
limiting environmental damage resulting from spills.
9. The previous use of two lots was vacant land with the existing
concrete block garage.
10. The proper legal requirements for advertising of the hearing before
the Zoning Adjustor of Spokane County have been met.
11. The present Spokane County fee structure for this permit involves
payment based on. the cost of county personnel time invested in processing the
perrnit. A log of such tiine and expenditures is contained in the file. The
Spokane County policy is that the fee shall be paid prior to the signing of
the decision. The expenditures associated with the processing of this permit
amount to 186.26. 12. The scheduled public hearing for this item was inadverently scheduled
at/the same time, place, date and hearing room as the regular meeting of the
Spokane County Boundary Review Board. Consequenetly the meeting location was
•
I
FINDINGS, CONCLUSIONS aND DECISION FILE CUE-18-86 PAGE 3
changed to the Board of County Commissioners Assembly Room and appropriate
signs were posted at the advertized hearing room space and in other locations
in order to direct persons interested in this case to the relocated hearing.
13. Any conc 1 u s i on here i naft:er stated wh i ch may be deemed a f i nd i ng
herein is hereby adopted as such.
From the Findings, the Zoning Adjustor comes to these: CONCLUSIONS
1. The proposal is not detrimental to and is compatible with the public
health, safety and welfare. The security provided by the fenced location of
this concentration of the construction company's rolling stock is preferrable
to leaving the same equipment in a relatively insecured location in the public
right-of-way at the construction site. The benefit to the general welfare/
public interest exceeds to short term inconvenience to the immediate residents.
2. The Zoning Adjustor may require such conditions of approval as
necessary and appropriate to make the project most cornpatible with the public
interest and general welfare.
3. The use is of.a temporary nature, most probably being removed by the
3rd or 4th week of October.
4. There has been no substantial structure erected on the site. The
equipment trailer, other equipment and the 10,000 gallon diesel fuel tank will
be ~removed. The site will be returned to its original state. The front fence
and gate will remain.
5. The objective of establishing the temporary use can definitely be
achieved in less than a six month period of time.
6. It is appropriate to bring the street side equipment into the fenced
area, even if the result is to place one more piece of rolling stock at the
construction site.
7. It is also appropriate that the applicant see to the removal and
proper disposal of any contaminated soils and the placement of clean soils in
their place.
8. It is also appropriate that containment of any leaks or drips be
safeguarded against to the maximum extent possible, given the temporary nature
of the usage.
9. Given the short term duration and the pre-existing conditions
associated with this permit it is appropriate for the applicant to comply with
any corrective action within 10 days from the signing of this order and to
have complied with soil restoration within 20 days of the expiration date of
this permit, including an inspection and verification by the Zoning Adjustor
or his assignee.
10. The fee of $86.26 must be paid before signing this permit.
11. Any finding herein before stated which may be deemed a conclusion
herein is adopted as such.
DECISION
,
From the foregoing Findings and Conclusions, the Zoning Adjustor APPROYES
the proposal. The following CONDITIONS OF APPROVAL ARE STIPULATED.
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FINDINGS, CONCLUSIONS AND DECISION FILE CUE-18-86 PAGE 4 CONDITIONS OF APPROVAL
I. GENERAL
l. The following conditions shall apply to the applicant, the Mocon
Corporation of Portland, Oregon.-
2. Failure to comply with any of the conditions of approval contained in this
decision, except as may be relieved by the Zoning Adjustor, shall
constitute a violation of the Zoning Ordinance and be subject to such
enforcement actions as are appropriate. ,
II. PLANNING DEPARTMENT
1. As indicated by the log of administrative time contained in the Planning
Departrnent file, the amount of this fee is 86.26. The fee is due and ~1(
payable to the Planning Department, in a chec made out to the SPokane
~
County Treasurer prior to signing of this decision. If the fee is not
paid in a -timelmanner, the a licant shall be in vio ati
Y pp 1 on of the
Spokane County Zoning Ordinance and subject to iimnediate enforcement
action and closure of the storage yard as an unauthorized use in the R-1
zone.
2. No equipment, either rolling stock or stationary machinery or apparatus,
shall be located on the property outside of the fenced area.
3. The gate shall remain closed during all periods of time in which there are
not personnel within the fenced storage area. 4. The Washington State Department o.f Ecology in Spokane shall be notified of
any oil or fuel spills exceeding 55 gallons in one occurance or otherwise
posing a threat to surface or ground waters.
5. The applicant, the Mocon Corporation, shall be responsible for removing
contaminating soil and hauling it to a landfil] site for the spreading of
the soil on the surface of the ground in order to allow the spilled fuels
to volatize prior to being buried in the landfill.
6. Since the applicant contractor is an out-of-state company, enforcement
actions would be difficult in the event the contractor proves to be non-
cooperative in replacing soil. It will be necessary to establish a bond ~ecoll~
in the amount of $1000.00 to ensure that Condition #5 will be 0
accomplished. Alternatively, the contractor may simply deposit $1000.041 with the County through the Planning Department, which will be refunded ~~04ifs
u on satisfactor a c • ~
p y c ompl~'shment of Cond~'t~'on #5. A f~•nal alternat~ve py,
would be to make suitable arrangement with County legal counsel for
adequate assurances to remove and dispose of up to 5 cubic yards of
contaminated soils and replace with a non-contaminated similar material.
These arrangements shall also be made within 10 days of the signing of
this order.
III. DEPARTMENT OF BUILDING & SAFETY
l. /None is applicable.
. IV. UTILITIES DEPARTMENT
l. None is applicable.
.
V. HEALTH DISTRICT
l. None is applicable.
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FINDINGS, CONCLUSIONS AND DECISION FILE CUE-18-86 PAGE 5
VI. ENGINEER'S OFFICE
l. None is applicable.
~ Oc;~~6dr •
DATED THIS DAY OF1986.
1-'homas G. Mo 00, AICP
Zoning Adjusto , Spokane County
Washington _
FILED:
1) Applicant
2} Parties of Record
i 3) Spokane County Engineers Office "
4) Spokane County Health District
5) Spokane County Utilities Dept.
6) Spokane County Dept. of Building & Safety
7) WA State Dept. of Ecology, Spokane Office, Attn: Claude Sappington
NOTE: ANY PARTY AGGRIEVED BY TNIS DECISION MUST FILE ANl APPEAL WITHIN TEN
(10) CALENDAR DAYS OF THIS OATE.
0095z/8-86
,
OFFICE OF COUNTY ENGINEER
SPOKANE COUNTY, WASHINGTON
. patP July 31 19 86
Inter-office Communication
To Spokane County Zoning Adjustor
from Spokane County Engineer
Subjett Aeenda Items Scheduled for Public Hearing Auizust 11, 1986
1. WVE 18-86 DuPont - We have no comments concerning this application.
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2. VE 87-86 Geittman - Parcel #2 is served by a private road easement which extends
from the existing private road over and across Parcel #1. Applicants must sign and '
record Spokane County Notice to the Public #3 which acknowledges that the County is ;
not responsible for construction and maintenance of the private road. See attached ,
comments which pertain to the private road. 3. CUE-18-86 Macon Corporation - We have no comments concerning this application. .
4. VE 88-86 Weilep - We have no comments to make concerning this application.
5. VS 89-86 Ritland - Subject parcel is served by a private road easement which ac- ,
cesses the Cheney-Spokane Road. See attached comments which pertain to that pri- '
vate road easement. ,
BMc/lvb ~
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SPOKANE COUNTY ZONING ADJUSTOR - PUBLIC HEARING
AGENDA: AUGUST 11, 1986 (Monday)
TIME: As set forth b6_,low
PLACE: Spokane County Planning De pt., N. 721 Jeffe rson St., 2nd floor hearing room
1 3. __CUE-18-86~ 6 MONTH TEMPORARY USE PERMIT
(This item will be heard at Gene rally located south of a'nd adjacent to 24th
2:15 p.m, or as soon thereafter Avenue, between Skipworth Road and Bowdish Avenue
as possible) in the SW 1/4 of Section 28-25-44.
PROPOSAL: The applicant requests a 6-month
temporary use permit to allow for the
storage of contractors equipment/
mate rials on the subject property.
Section 4.05.030 e. of the Spokane Count;
Zoning Ordinance allows such a use in
the Agricultural Suburban zone with the
granting of a Temporary Use Permit.
SITE SIZE: 12,000 sq. ft.
APPLITANT: Mocon Corporation
4, VE,88-86 RELAXATION OF SIDE YARD SETBACK REQUIREMENT
GThls iten wi11 be heard at Located easterly of and adjacent to E11a Road,
2:30 p.m. or as.soon thereafter approximately 70' south of Alki Avenue in the
as possible) SW 1/4 of Section 18-25-44.
PROPOSAL: To allow an attached garage to be
located 2' from the side property line
(south property 1 i ne whereas Secti on
4.04.150 a.2. of the Spokane County
Zoning Ordinance requires a 5' side
yard setback in the Agricultural Zone.
SITE SIZE: 8,060 sq. ft.
APPLICANT: Edwin and Betty Weilep
5. VS-89-86 RELAXATION OF ROAD FRONTAGE REQUIREMENT
CThiS ltem will be heard at Gene rally located west of Sherman-Road and south of
3:00. p,m, or as soon thereafter Cheney Spokane Road, in the SE 1/4 of the NW 1/4
as possi h.le ) of Secti on 14-24-42.
PROPOSAL: To allow a single family residence to
be located on a parcel of land having
0' of county road frontage, whereas
Section 4.04.040 of the Spokane County
Zoning Ordinance requires 100' of
continuous public road frontage in the
Agricultural zone. Access is propose d
by means of a 60' wide easement road
extending easterly to the site-from
Cheney Spokane Road.
SITE SIZE: 6.39 acres
APNLICAAT: James Ritland, c/o Thorne Tibbetts, agent
-2-
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' SNOKANE COUNTY PLANNING Dt, „RTMENT
APPLICATIONS BEFORE THE ZONING ADJUSTOR/BOARD OF ADJUSTMENT.~'. ~
Certi fi cate of Exempti on Appl i catiori .
Name of Appl i carit: Mocon Corporation
Street Address: 2700 19th. St. SE.
Home : (309 ) 927-8 18
~
Ci ty: Salem State: Or. Zi p Code :~,3C?2 Phone :Work :(S03 ) 399_1~70
Name of Property Owner(s) : Thomas U, and Arlene Severance
REQUESTED AC7ION( S) ( Ci rcl e App rop riate Acti ori):
V a ri arice ( s) Coridi ti on al Us e Pe rmi t Non-Con fo rmi n g Lot/Us e
Wai yer of ViQl atiorl err~orary Use/Stru~tu Other:
*
FOR STAFF USE UNLY *
*
* .
*-Cite Ordinance Se-r-tion: Old Code: New Code: *
_ _ t
*
*Secti on 28 ' Towns hi p 25 N. Ran ge 44 E. P rope rty Si ze :13, 260*.s. f.
.
*
: *Existing Zoning: F.L.U.P. Desigriation: *
**USA: Q N ,UTA:0 N ASA• Y N FIRE DIST.: / LEGAL CHECKED 6Y:
.
. *
*Hearing Date: Au4 Staff takirig iri Applicatiori: _Pf~~
* * * * * * * * * * * * * * * * * * * * * * * * * * * ~r x * * ~ * * * * * * * * * *
Existing Use of Pr.operty: Storage of personal property. ' Describe Iritended Proposal: We would propose to use the subject property as
a temporar.y storage site for our contractors trailerr, water truck, fuel
truck, and miscellaneous materials that will be incorporated into the
utility project we are working on for Spokane Gounty.
St,reet Address of Pr-vperty:
Lega1 Descri ption of Property ( Iricl ude easement i f appl i cabl e) : '
. .
Lots 9 and 10 of Block 25, KOKOMO TOWNSITE, Spokane County1 Washington
Parcel 285q "3-- 2-s dy f z So,5- Sou rce of Legal : 14954;11
Total amount of adjoiriirig land controlled by this otivrier/sponsor: -
Wh at i rite rest do you hol d i n the p rope rty : None
Please list previous Plarining Department actions involvir►g this property: None
I SWEAR, UNDER THE PENALTY OF PERJURY, THAT: (1) I AM THE OWNER OF RECORD OR AUTHORI-
ZED AGENT FOR THE PROPOSED SITE; (2) IF NOT THE OWNER, WRITTEN PERMISSION FROM SAID
OWNER AUTHORIZIPJG h1Y ACTIONS ON HIS/HER BEHALF IS ATTACHED; AND (3) ALL OF THE ABOVE
RESPONSES AND THOSE ON SUPPORTING DOCUMENTS ARE MADE TRUTHFULLY AND TO THE BEST OF
MY KNOWLEDGE.
, tf-S i gn e d .
Address : E', / ~4 s,~ rE
_ - ,
Phone No. : 9..
~ - - - . .r! -8si Date:
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N07ARY $EAL: Notary.
Date:
(over) . _ ,
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A. BURDEN OF PROOF N
It i s necessary for the appi i cant or his/her representati ve to establ ish the
reasons why the requested proposal shoul d be approved arid to 1 i teral ly put forth
the basi c case. Accordi rigly, you shoul d have been gi ven a form for your requested
actiorl (variance, conditional use, etc. ) desigried to help you present your case
in a way which addresses the criteria which the Zoning Ac~justor must consider.
Please fi 11 the form out and return it wi th your appl i cation. If you di dn't get a
form, ask the P1 anriing Department personriel for advi ce on how to proceed.
6. SIGN-OFF BY COUNTY DEPARTMENTS
6_11N . COUNTY HEALTH DISTRICT
2V0 Vo A prel iminary consul tation has been hel d to discuss the proposal. The appl i-
ca has bee info d of qui remerits ar tandards.
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gna ure) ate} (Si gn-vff Wai ved)
C
2. COUNTY ENGINEER'S DEPARTMFNT
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A preliminary consultation has been held to discuss the proposal. The appli-
can ;as een i►iformed of requi rements and standards.
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(S~ gnatu D te) (S~ gn of a~ ved)
3. COUNTY UTILITIES DEPARTMENT (Wai ve i f outsi de WMAB)
~ A rel i mi r~a ry coris u1 tati on has been hel d to di s cuss the p ropos al . The
a4 l i ant as beeri iriformed of requi rements atid standards.
Si gnature) (Date) ( Si gn-off Wai ved)
The appl i carit i s requi red to di s cuss the p roposal wi th
to become iriformed of requi rements and
standards.
(Distri ct Si griature) (Date) (Si gn-off Wai ved)
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4. WA7ER PURVEY04 (Wai ve i f outsi de CWSSA) NAME:~1/
a) The p rropos al i s i s not 1 ocated wi thi n the bouridary of our future se rvi ce area.
b) The proposal Ois not located within the boundary of our currerit distri ct.
c) We (gr are riot ab 1 e to se rve th i s s i te wi th adequ ate wate r.
d) Satisfactory arrarigements have have not beeri made to serve this proposal.
riature ate (Si gn-off Wai ved)
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APPLICANT'S FOR14
NAME : MOCON CORP.
• FILE 1~,aE
V. CONDITIONAL USES State Law, Section 36. 70.020 (7), cl ari fies that the
county ordinances must specify the standards and criteria .
that shall be applied in the review by the Zoning Adjusto r
A. Assuming the proposal is listed as a"permitted" conditional use, do you
bel ieve the proposal meets al l of the requi red establ ished and appl i cable
criteria?
Yes, we believe that our proposed temporarV use of these
+wn vqcant 1 n.s i s _ons st, nt with a1 l apgli cabl e criteria.
B. What have you done or coul d you do to:
1) make the use compati bl e wi th othe r pe rmi tted acti vi ti es i n the s ame
vi ci ni ty aqd zone?
We have rovided Aermanent chain-lirLk securitv fencin.
around the proDosed site in order to make it more aestheticlY ( Sp )
p gIg Inu. (1' AND
. 2) assure against imposing excessi ve demauids upon publ i c uti 1 ities?
We do not reQuire any sewer or water hookups.
C. Expl ai n how o r why the p ropos al wi 11 not be det ri men tal to : 1) the Comprehensi ve P1 an It is temporary (6 months or less )
AN D
. 2) surrounding property We have fences on all sides of the sub iectd
property. The lot to the east is vacant; the street (24th) abuts
the propert,y to the north.
D. What reasonable restri ctions, condi tions or safeguards wi 11 uphol d the spi ri t
and intent (health, safety and general welfare) of the Zoning Ordinance AND
mitigate any adverse effect upon the neighboring properties-- including but
not limited to: (1) time limits; (2) front, side or rear yard greater than
minimum stated; (3) suitable 1 andscaping; (4) si gni ng; (5) off-street parking;
an d (6) othe rs?
Security fencing;
NAME:
FILE A?;, - 8~
IV. TEMPORARY STRUCTURES a1VD USES
(Section 4.25.030 e. of the Spokane County Zoning Ot^dinance).
A. Is the use of a temporary nature? If so, haw long wi 11 the use 1 ast?
t~7 l-t
o/U T H 5 .
6. Does the use involve the erection of a substantial structure? If so, describe.
&iu,EF
C. Can the objecti.ve of establishing the temporary use be achieved in a six.(6)
month pe ri od of ti me?
Co~c~-S t- 2 u c, t-r v-i✓ o~ ~.~./~T~ 614At3 r25
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LFASE
THI3 LEA3E ia made thia day of lZy~ p 1986, by and between
THOMAS U. 3EU'ERANCE and ARLEHE SEti►ERANCE, hu sband and wi f e, a s Le e a or s '
and MOCON CORPORATION, of Salem, Oreqon, doinq busineaa in the State of
Waahinqton, ae Lessee. .
FOR AND IN CONSIDERATION of the mutual benef itn and aqreementa
hereaf ter aet forth, and for the rents to be paid bp Lesaee to anid
Leaaora, the Leaaore do herebp leaae to the Lesaee the followinq
deacribed real propertp located at approximatelp 24th & Skipworth,
Spokane Countp, Waahinqton, legallp described ae followa:
Lots 9& 10 of Block 25, KOKOMO TOWNSITE,
Spokane Countp, Washinqton,
but not includinq the warehouae and qaraqe facilities preeently located
on auch property and subject to the riqht of Lessorn to acce8a to aaid
.
buildinq, includinq free riqht of ingress and eqress to said premiaea.
TERM: The term of aaid leaae ahall be for a period of eix (6)
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montha subject to the riqht to extend upon appropriate notice on a
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month-to-month basia with Leaaee to have possesaion_f rom Map 15, 1986,
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throuqh November 15, 1986, subject to all the terms and conditions of
thie lease. .
JtEta&: Leaaee aqrees to pay in advance the sum of Two Hundred
Fifty and no/100 ($250.00) Dollsre per month, to be paid on or before
the f if teenth dap of each and every month durinq the term of thie lease.
LeBSOr acknowledqee receipt of 3even Hundred Fif ty and no/100
($750.00) Dollare in advance rental paymente and aqrees further that an
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additional Two Hundred Fif ty and noJ100 ($250.00) Dollar credit shall be
qiven to Lessee on the condition that Leesee construct a f ive foot
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cYclone fence at the fcont of the property with a_~ foot alidinq ~
qate to be installed accordinq to the specificationa aqreed upon bp the
partiee and at no charqe or costa to Leasor. Should any rental period ~
c
aet forth herein be for leaa than one naonth, the rent aha►11 be ~
pro-rated accordinqlp. All papments for rent ahall be mnde ta Thomaa U. 'i
Severance at 11214 E. 19th, Spokane, WA 99206, or auch other peraon aa ~
map be designated bp Leesora in writinq to Lessee. •
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LESSEE'S ACCEPTANCE: The Leaaee haa inapected the premiaes and '
:
accepta the premiaea as he f inda them and understands that the lease of {
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eaid premise8 includes no riqhts to water, liqhta or sewer. Any
additionel improvements to the property shall be made at Lessee's
expenae. Lessee aqrees to survey the property at ita expense. Upon
termination of the-lease, Lessee ahall leave the premises in as qood
condition as it = shal l f ind them, ordinarp wear and tear and damaqe f rom
the elements accepted.: Throuqhout the,term hereof, the Lessee ahall
maintain the premieea -in qood condition.and repair r.s~,•
INSURANCEs The Lessee aqreea to carrp public lidbilitp,insurance in
an amount of One.Million ($1,000,000.00) Dollara as to ench peraon, for
each accident and to furniah-the Lesgorg with a certificate ahowinq
inaurance to be in force.
AP 0 A ON WAVTER,: The Leaaors and Lessee reapectivelp waive nnd
releaae each other f rom the riqht of subroqation arisinq to any
inaurance carrier of either party.
LIO5: The Lessee dqreea that it will indemnify and hold the
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Leaeora harmlesa from anp labor or mechanica liena that eaid LeaBee
ahall in anp wap cause to be placed aqainst the propertp bp anp third ~
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person whataoever. .
JFS : IC is covenanted and aqreed that the Leasee map uee the '
demiaed premisea for anp leqal or leqitimate purpose it map desire. The
Leasee further covenante that it will use no part of the aaid premiaes
for any purpoae forbidden or contrary to law.
ASSIgPMEUs The Lessee map not assiqn or aublet all or anp part of
the demiaed premisea under anp conditiona whataoever. .
pREACHs If anp breach of said covenants be waived by the Lessors,
such waiver shall be deemed onlp an indulqence and shall not constitute
conaent to anp other or future breach of any covenant hereof. Titao is
of the essence of this leaee.
INDFMNIFICATION: Lessee aqreee to hold Lesaora harmlesa from anp
and all 118bility with reqard to Lesaee'a use of the land and to bear ~
all ezpenses for anp restoration arid cleanup.expenses that may be
. x.
incurred as a result of Leasee'a use of the land.
COSM: Should anp action be commenced to enforce anp of the terua
or to cancel thia:Leaae or to collect renta due hereunder, ahould thia lease be.placed in the handa of an attornep for collection of anp rent
or in the handa of an attornep for any appropriate action hereunder,`the
auccesaful partp will pap to the other a reaaonable eum a'e attornep's'
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feeB.in- addition to atatutorp coata. Any such action muet rbe' commenced , and maintained in the County of Spokane.
i Any and all notices required or provided herein ehall be
deemed in complete compliance with the terms hereof if eent in writinq ~
F
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by United States Certif ied Mail, return receipt requested and postaqe y
prepaid, nddressed to the reapective parties a8 hereinaf ter aet forth to
the Leaeor at: E. 11214 19th, Spokane, WA 99206 and to the Leasee at:
The above addreasess may be chanqed at anp time hereafter
bp qiving of written notice. ;
IN WITNESS WHEREOF, the partiea have eYecuted thia Leaee the day and ,
,
pear first above written. c
LESSE.Es LESSORS : MOCON CORPORATION
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BY : ~
Z'N U . SEVERANCE
ARLENE SEVERANCE ~
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a
STATE OF WASHINGTON
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aa. Countp of Spokane
, On thia Q4&2 day of ~tPand , 198f~, before me, the
undersigned, a Notary Public for the State of ah nqton dulp
commiasioned and dworn, peraonallp appeared ~A ~-v~
cmw~gp
, to me known to be the
S , reapectivelp, o ~'1~~~-""
f MOCON CORPORATION, the corPoraeion that executed the within instrument, acknowledqed that said instrument to be
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for the uses
~e free and..voluntarY act and deed of eaid tatedrthatnhe ia authorized
ti
&nd purpoaes therein mentioned and on oath s
to execute the.aaid aqreement.
hand and off icial aeal the dap and pear laat
Given under mp
above witten.. ~
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~ ~ ~ , • . . N y PUBLIC IWAND FOR THE STATE..
OF WASHINGTON . RES IDING AT SPOXANE
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MOCON J08 _
SHEETNO 1 OF `
P. O. Box 3258 • Salem, Oregon 97302 CALCULATED BY DATE--to
- Telephone (503) 399-1470
CHECKED BY DATE _
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