VE-102-87
RECEIVED ~
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FE6 0 2 198$
ZONING ADJUSTOR SPOIfANE Cntif'Ty ENGINEER'
SPOKANE COUNTY, WASHINGTON
IN THE MATTER OF A VARIANCE FROM THE )
MINIMUM PUBLIC ROAD FRONTAGE ) FINDINGS, CONCLUSIONS
REQUIREMENTS. (VE-102-87); ) AND DECISION
DONALD McGINNIS )
ZYMMARY QF APPLICATION:
The appiicant has established Certificates of Exemption for four (4) parcels of land, one (1)
of which is land-lodced with zero (0) feet of frontage on a public road Section 4.04 040 of
the Spokane County Zoning Ordinance requires 100 feet of continuous public road frontage
Authority to consider and grant such a request exists pursuant to Sections 4.03.020 64. and
4.25.030 b. of the Spokane County Zoning Ordinance. The application is a oompanion to CE-
290-87 A-B-C.
LOCATION:
The property is generally located north of the Spokane Valley, east and west of Forker Road
and east of Peck Road in the SE 1/4 of Section 11, Township 25N, Range 44EWM The
Assessor's parcel number for the property is a portion of 11644-9047. The property is
reported by the Department of Building and Safety to be addressed as N. 11707 Forker Road.
DECtSION OF THE ZONING ADJUSTOR: •
Based upon the evidence presented and circumstances associated with the project proposai,
the Zoning Adjustor APPR4VES the variance application, conditioned and stipulated as set
forth below.
PUBLIC HEARING:
After examining all available information on file with the appiication, the Zoning Adjustor
conducied a public hearjng on January 27, 1988 rendered a verbal decision on January
27,1988, and rendered a wrltten decisfon on February 2, 1988.
FINDINGS OF FACj
1 The proposal is generally located north of the Spokane Valley, east and west of
Forker Road and east of Peck Road in the SE 114 of Section 11, Township 26N, Range
44EWM, and is further described as a ponion of Assessor's Parcei No 11644-9047, being
more completely described in Zoning Adjustor File #VE-102-87 and CE•290-87 A-B-C.
The propeny Is reported by the Department of Buiiding and Safety to be addressed as N.
11707 Forker Road.
2. The proposal consists of an approximately eight (8) acre parcel of land which 1s
isolated from Forker Road, the pubiic road in the area. The applicant proposes to establish a
private roadway, contained within the thirty (30) foot easement which wouid provide access
to the public road. These are shown on site pfan "A". The applicant described that he
origrnally applied for Certificate of Exemptions, which were denied. He appealed this
decision to the Hearing Examiner Committee, which sustained the denial Subsequent appeal
to the Board of County Commissioners resuited in a decision to grant the Certdicate of
Exemptions. The applicant has now applied for ihe single variance necessary to provide
access to the one land•locked parcel of land, identified as parcel "A " This is a family
ownership situation and the applicant's agent is the father-in-law, who intends to occupy
the residence on the 6.5 one acre parcel of land known as "C." It is also the stated intention
of the applicant to attempt to establish a single well which would provide water to two
dwelling urnts and possibly at a later date to a third family dweiling unit on parcel "B."
Alternatively, the applicant spoke of having individual wells if a single hlgh producing well
oould not be found. It was further the stated intentions to provide access to the residence to
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CASE NO VE-102-87 ZONING ADJUSTOR FINDINGS PAGE 2
be located on parcel "C" from the easement road and to bring this road up to road standard
requirements established by Fire District #9 to the point at which the road would sptit to go
to the two different dwelling unlts (parcel "A" and "C"). The appiicant further stated the
intention to not build immediately, but to attempt installation of a roughed-in road,
including an access permit, properly-sized and installed culvert at the public road and a
properiy-sized and installed cutvert at a swale located a few hundred feet from the publrc
road.
3. The adopted Spokane County Future Land Use Pian designates the area of the
proposal as Rural and the proposal is consistent with the County's entire Comprehensive
Plan, includtng the Future Land Use Plan. Initialiy, it had been determined by the Planning
Department that the project was not oonsistent with the ten (10) acre density guide of the
Comprehensive Plan. As a result of pursujt of appeals of that determination, it was decided
that the proposal was not inconsistent with the Comprehensive Plan and was similar in size
to numerous parcels previously established in the general vicinity.
4. The site is zoned Agricultural, which would allow the proposed use upon approval
of this application.
5. The existing land uses In the area of the proposal include rurai residential
acreage tract housing, some agricultural pursuits and some undeveloped forested areas, all
of which are compatible with the proposai.
6. The Spokane County Heaith District reports that ground water resources appear
marginally adequate to support development at this density, and furthermore that soiis in
the area are generally not suited for individual on-site sewage disposal systems.
Particularly, the District reports that generally soils in the area have a septic tank filter
field iimitation from slight to severe with the majority of soils classified as severe, with
the possibility of oontamination of ground water resuiting from drain freld effluent. The
District also reports that the soils are plutonic and metamorphic, which generally yield
smail amounts of water. Although they do repon that the average domestic weil production
in the general vicinity is 21 gallons per minute wlth some of these welis producing less than
5 gallons per minute.
7. The Spokane County Engineenng Department repons that the private road should
conform with County standards and that the owners and any future owners should revognize
the possibility that they may be involved in the future in a Road Improvement District or a
County Road Project. Some other recommendations by the Engineering Department have
• been made, most notably that the applicant must submit road and drainage plans to the
County Engineer for review and approval. These are contained in the memorandum of
January 15. 1988.
8. Spokane County Fire Protection District #9 submitted a letter requesting that
the pnvate road be constructed to certain mmimum standards, including a 20 foot width, a 5
foot vegetation clearance, the need for a 45 foot radius cut-de-sac turn around to be
constructed approximately 600 feet west of the existing Forfcer Road and that the road be
lnstalied prior to issuance of building permits. The applicant clarified in the hearing that it
was also a part of his understandmg that the Fire District required an all-weather road
capable of supporting a 45,000 pound fire-fighiing vehicle. A telephone oonversation wlth
Claude Welis, Deputy Chief, verified a 48,000 pound load test for the all-weather road and
also confirmed that the Fire District's interest in a road of this quality is tied to the stated
plans of the applfcants to construct a 600 foot long road which would seNe a minimum of
two (2) residences. Insofar as the road may conceivably serve only one (1) dweliing unit,
that on parcel "A", the road must meet such standard if the dweliing is greater than 100 feet
off the public road.
9. The proposal is exempt from the provisions of Chapter 43.21 C RCW pursuant to
WAC 197•11-800 (6) (b).
10. The applicant has submitted a proposed easement of thirty (30) feet in width
serving as access to the parcel. The easement has been recorded with the Spokane County
Auditors Office and a copy of this recorded easement is lncluded in the Pianning Department
file.
1 1. The applicant has been made aware of the recommendations of various
County/State agencies reviewing this project and has indicated he can comply with those
recommendations.
12. The parcel under consideration has been found to comply with state and local
subdivision regulations (see File CE-290-87 A-B-C).
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CASE NO VE-102-87 ZONING ADJUSTOR FINDINGS PAGE 3
13. It is in the best interest of the general public and the future owners of the land
that the applicant establish an agreement for the maintenance of the private road to which
all purchasers and successors-in-interest should become party thereto.
14. No one appeared to oppose the proposal nor were any written comments adverse
to the proposal received.
15. The proper legal requirements for advertising of the hearing before the Zoning
Adjustor of Spokane County have been met.
16. The file indicates the applicant may not have fled the proper segregation
application m the County Assessor's Office in order to legally create a tax parcel and
tdentification number for the subject property. The applicant is advised to do that in the
immediate future, as any approvals received in the Planning Department do not establish a
separate taxing parcel and tax number. Failure to complete and file a segregation
application will cause confusion to the applicant, if not unanticipated expenses and delay
17. Any conclusion hereinafter stated which may be deemed a finding herein is
hereby adopted as such.
From the Findings, the Zoning Adjustor comes to these:
CONCLUSIONS
1. It is appropriate and Justified to establlsh es criterla, to obtain even the first
building permit, a road meeting that as set forth by the F1re District.
2. The applicant's proposed private road located on an easement is sufficient
substiiute for ihe requirement of 100 feet of conttnuous frontage on a public road.
3. Certificate of Exemptions have been issued, see file #CE-290-87 A-B-C.
4. The variance will not authorize a use otherwise prohibited in the zone.
5. With the conditions of approval set forth below, the variance will: a) not
constitute a grant of special privileges inconsistent with Ijmftations on other properties in
the vfcinity and similar zone; b} ensure that the intent and purpose of the Zoning Ordinance
is achieved with regard to location, site design, appearance, and landscaping, etc; and c)
protect the environment, pubiic interest and general welfare.
6. There are special circumstances applicabie to the property which when oombined
with the standards of the Zoning Ordinance, create practical difficulties for the use of the
property and/or deprive the property of rights and privileges common to other properties
in the vicinity and similar zone classifications. The land-locked nature of the parcel creates
a special circumstance which can be soived only by utilization of a private road easement.
7. Granting the variance will be neither materially detrimental to the public
welfare nor injurious to property or improvements in the vicinity and ione.
8. Strict application of the zoning standards does create an unreasonable burden in
Iight of the purpose to be seNed by the standards.
9. Strict application of the zoning standards does create an unreasonable burden in
light of the purpose to be served by the standards.
10. The case for the variance was not supported by substantial reference to or
reliance upon illegal or non-conforming precedent(s).
11. Granting the variance wiil not adversely affect the overall zoning design, plan or
concept for either the immediate area or the entire County.
12. The case for a variance was not based substantially upon a lack of reasonable
economic return nor a claim that the existing structure is too small.
13. Granting the variance will not be inc;onsistent with the general purpose and
intent of the Comprehensive Plan. The Board of County Commissioners, in their reversal,
upon appeal of the Hearing Examiner Committee decision to deny the Certificate of
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CASE NO VE-102-87 ZONING ADJUSTOR FINDINGS PAGE 4
Exemptions, found that the project was suitabie with regard to the purpose and the intent of
the Rural Category of the Comprehensive Pian.
14. The requested variance is not substantially for the purpose of circumventing
density regulations designed to protect the Spokane Vailey-Rathdrum Prairie Aquifer.
15. While the project does not oompiy with every detail of the provisions of the
Spokane County Zoning Ordinance, the project does not violate the spirit or intent of the
ordinance.
16. Various performance standards and criteria are additionally needed to make the
use compatible with other permitted actryities in the same vicinity and zone and to ensure
against imposing excessive demands upon public utilities and these shall be addressed as
conditions of approval.
17. The Zoning Adjustor may require such conditions of approval as necessary and
appropriate to make the project most compatibie with the pubiic interest and general
weifare.
18. The dxument which establish the road easement also establish construction and
maintenance agreement, generally satisfying the legitimate need to address such matters
19. Any finding hereinbefore stated which may be deemed a conciusion herein is
adopted as such.
DECISION
From the foregoing Findings and Conclusions, the Zoning Adjustor APPROVES the
proposal. The follomnng CONDITIONS OF APPROVAL ARE STIPULATED.
CONDITIONS OF APPROVAL
1. GEIdERAL
1. The following conditions shall appty to the appifcant, owner and successors in
interest.
2. Failure to oomply with any of the oonditions 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.
3. This parcel shall not be further subdivided unless consistent with RCW 58.17,
the various oounty subdtvisfons regulations and the Spokane County Comprehensive Pian for
the area.
4. The Building and Safety Department shall assist in coordination of this decision
by routing building permit application(s) to the vanous departments and agencies which
participate in or take actions to ensure that various required written documents have been
executed and filed.
II. PLANNING DEPARTMENT
1. Prior to the issuance of any buiiding permits, the applicant shail file with the
Planning Department a copy of the segregation application necessary to recognize the subject
property as an individual tax parcel, except that this condition shall not apply if the parcel
is presentiy established with a parcel number.
2. A recorded agreement for the mamtenance of the private road(s) shall be
submftted to the Planning Department for review prior to the issuance of building
permit(s)
♦
III. DEPARTMENT OF BUILDING & SAFETY
1. The Building and Safety Department shail assist in coordination of this decision
by routing building permit application(s) to the various departments and agencies which
participate in or take actions to ensure that various required written documents have been
executed and filed
2 The fire apparatus access road shall be provided and maintained as per the
requirements of Fire District's #9 Chief. These requirements are set forth m VII below.
3. If the applicant or future property owners choose to estabiish the access road as a
private named road, they shall coordinate with the Department of Building and Safety and the
County Engmeer's Office to properly establish a road name and to properly sign the
intersection at Forker Road.
4. Building permits shall neither be issued for the subject parcel "A" nor for parcel
"C" (that parcel upon which the thirty (30) foot easement is situated) until the roadway set
forth in VII below is installed/constructed.
IV. UTILITIES DEPARTMENT
1. There are no reoommendations concerning the method of sewage disposal, as the
project is outside of the 201 Sewer Study Area.
2. Water Service as approved by the Spokane County Heaiih Dlstrict and/or the
Washington State Department of Social and Health SeNices.
V. HEALTH DISTRICT
1. Water service need not be coordinated through the Director of Utilities, Spokane
County.
2 Subject to specific application approval and issuance of permits by the Health
Officer, the use of an individual on-site sewage system may be authorized.
3. Water service may be provlded by either: a) a non•public/private system owned
and operated by the !ot owner and serving a single parcel; or b) a Ctass IV Pubiic Water
system as authonzed and licensed by the Washington State Department of Social and Heaith
Services.
VI. ENGINEERING DEPARTMENT
1 The County Engineerfng Department has determined that the private roadway
easement serving the parcel(s) should not be designated as a"Tract X" Future Public Right-
of-Way Tract. Prlor to the release of a bullding permit the applicant must sfgn and record
pSpokane County Notice To The Public Number Three".
2. The private road shall be constructed in acc:ordance with Spokane County
Standards for Private Roads.
3 Shouid Spokane County be requested to create a Road Improvement Dtstrict (RID)
for the purpose of improving the private road easement to a public road standard, the
applicant agrees to deliver to Spokane County the right-of-way necessary for a public road
4. The applicant agrees to join in and not oppose the creation of a road Improvement
District (RID) or County Road Project crested for the purpose of improvmg the private
roadway to a public road standard.
5. The applicant and future property owners are advised that Spokane County is not
responsible for private roadway construction, maintenance, snow removal or any other
services on the private road.
6. The applicant is advised that, if the option is to establish the easement as a
private road as opposed to an individual lane serving one (1) dwelling unit, the private road
must be named and signed in aocordance with the provisions of Spokane County Road
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CASE NO VE-102-87 ZONING ADJUSTOR FlNDINGS PAGE 6
Standards. If the road is to become a named private road, the name and address assignments
shail be coordinated through the Department of Building and Safety.
7. The applicant fs advised that an approach permTt must be obta+ned from the
County Engineering Department prior to the construction of any new driveway approaches.
This must be done prior to the release of s building permit.
8. Prior to the release of a buildmg permit or issuance of an approach permit, the
applicant must submit road and drainage plans to the County Engineering Department for
review and approval. Road and drainage plans must be prepared in compliance with Spokane
County Road and Drainage Standards.
9. The applicant has expressed a desire to, and the Spokane County Fire Protection
District #9 has ooncurred, to construct a road to meet certain standards set forth by the
Fire District. Such road, the design and oonstruction of which shall be certified by an
engineer licensed in the State of Washington, shall mcorporate the Spokane County Road
Standards as weil as the requirements of the Fire District.
VII. SPOKANE COUNTY FIRE PROTECTION DISTRICT #9
1. The District requires that, prior to issuance of a buiiding permit for parcel
"A" or parcel "C", a road be oonstructed which meets all the following requirements
a The roadway shall be at least twenty (20) feet in width
b. The roadway shall be an all-weather road, capable of supporting a 48,000 pound
fire apparatus.
c. The cul-de•sac turn-around shall have a radius of approximately 45 feet and
shall be constructed approximately 600 feet west of the existing Forker Road.
d The road shali have a vegetation clearance on each side of at least five (5) feet
e. The above criteria shall be addressed, along with Spokane County Road Standards
in plans prepared by an engineer licensed in the State of Washington and
submitted for review to the Fire District and the Spokane County Engineering
Office. The road shall be constructed accordmg to the approved plans.
Certification shali be provided to the Fire District by an engineer licensed in the
State of Washington that construction has occurred consistent with the plans. The
plans shall clearly satisiy the Spokane County Road Standards and shall solve any
drainage problems associated with the culvert and the ditching at Forker Road as
well as in the swale a few hundred feet west of Forker Road where the private
road crosses the easement in approximately a north/south direction.
VIII. WASHINGTON STATE DEPARTMENT OF SOCIAL AND HEALTH
SERVICES
1. Water service may be provided by either: a) a non-public/private system owned
and operated by the lot owner and serving a single parcel; or b) a Class IV Public Water
system as authorized and licensed by the Washington State Department of Social and Heaith
Services.
NOTICE: PENDING COMPLETION OF ALL CONDITIONS OF APPROVAL WHICH NEED TO BE
COMPLETED PRIOR TO PERMIT ISSUANCE, PERMITS CAN BE RELEASED PRIOR TO THE LAPSE
OF THE (10)-DAY APPEAL PERIOD. HOWEVER, THE COUNTY HAS NO LIABIUTY FOR
EXPENSES AND INCONVENIENCE INCURRED BY THE APPUCANT IF THE PROJECT APPROVAL
IS OVERTURNED OR ALTERED UPON APPEAL
DATED this 2nd day of February, 1988.
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CASE NO VE•102-87 ZONING ADJUSTOR FINDINGS PAGE 7
1 ~
Thomas . osher, AICP
Zonirag.Adjustor
Spokane County, Washington
FILED:
1 ) Applicant
2) Parties of Record
3) Spokane County Engineering Department
4) Spokane County Health District
5) Spokane County Utilities Department
6) Spokane County Department of Building & Safety
7) Planning Department Cross-reference File and/or Electronic File
8) Fire Protection District #9.
9) Washmgton State Department of Social and Health Services.
NOTE: ONLY THE APPUCANT OR AN OPPONENT OF RECORD MAY FILE AN APPEAL WITHIN
TEN (10) CALENDAR DAYS OF THE ABOVE DATE OF SIGNING. APPEAL MUST BE
ACCOMPANIED BY A$100.00 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)