WVE-41-88
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SPOB:ANE COUNTY PLANNIIVG DEPARTNNENT
APPL,tCATiONS BEPORF THE tiONINC3 ADnJS't'OR/BOARD OF AD]LJSTN~NT
Certificate of Eacmption No.: ~ Application No.:Ja
Name of Applicant: Agant: Y N
Strcet Address: ~OX /a/e~K
Zip Phone - Home:
Cit State:_~~/4 Code: yVork:,;~~' `t~~D
Agents No.
LL,7,- ~ : E~ /
Name of Proparty Owner(s)
Street Address:
Zip Phone • Home:
City: State: Code: Woric:
REQUESTED ACTION(S) (Circle appropriate action):
Variaace(s) Conditional Use Permit Nonconformiag Lot/Use
Temporary Use/Structure Othei:
FOR S'r'AFF USE ONL-Y CODE: ORDINANCE
Cite Regulations Section(s):
Property Violation/
Section: Townshtp: Range: Size: Enforcement: Y N
Existing Zoning: Comp. Plan Destgnation:
. LEGAL
PSSA: Y N UTA: Y N ASA: Y N FIRE DIST.; CHECKED BY:
Hearing Date: Personnel Taking in Application: ~
Existin~ Use of Property: '000'-
'
Dcscnbe Intended Proposal in Tcrms of REQUESTED ACTIONS above:4'we-p
Strcet Address of Property: ~ ~-5~~~
Legal Description of Property (include easemeni, if appllcable): -
_4~~~~9 1=2p"" Or= &2 r
3
_ Parcel No(s):I'~&'%~~ lx~ Source of Legal• • FIX ~l~~/
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Total^ amount of adjoining land controlled by this owner/sponsor: ~
What interest do you hold in the property?
Please list pravious Planning Departmen actions involving this property:
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I SWEAR, UNDER PENALTY OF PERJURY, THAT: (1) I AM THE OWNER OF RECORD OR ;
AUTHORIZED AGENT FOR THE PROPOSED STTE; (2) IF NOT THE OyVNER, WRITTEN
PERMISSION FROM SAID OWNER AUTHORIZING MY ACTIONS ON HIS/HER BEHAI.F IS
ATTACHED: AND (3) ALL OF THE ABOVE RESPONSES AND THOSE ON SUPPORTING
DOCUMDENTS ARE MADE TR Y AND T TjiF
FST MY KNO E.
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-c-Signed: - 7
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Address:
- ~ _ Phone No.: ~ O Date.,/ .
NOTARY SEAL: Notary: . ~
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Date: ~ 63
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Page 1 of 4 (Over) Revised 3-4-88
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A. BURnFN OF PROOF It is aecessary for the applicant or his/her representative to establish the reasons
why the REQUESTED ACTION should be approved and to llteraily put forth the basic
case. Accordingly, you should have been given a form for your requested action
(varianceff conditional use, etc.) designed to help you present your case in a way
which sddresses tbe criteria which the Zoning Adjustor must consider. Please fill
the form aut and return it with your application. If you did not get a form, ask the
Planning Department personnel for advice on how to proceed. :
SiGN-OFF BY COUNTY DEPARTMENTS AND OTHER AGENCIES
1. COUNTY HEALTH DISTRICT
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a) Pcoposed method of water supply:
b) Proposed method of sewage disposal:
A preliminary consultation has been held to discuss the proposal. The applicant
has been informed of requirements and standards.
(Signature) (Date) (Sign-off Waived)
OCOUNTY ENCINEERINC DEPARTMENT
A preliminary consultation _has been held to discuss the proposal. The applicant
has b in ormed of requirements and standards.
.
IK ~z / 4 - S A
, (Si ture) (Date) (Sign-off Waived)
3. COUNTY UTILITTES DEPARTMENT (Waive if outside WMAB)
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( j A preliminary consultation has been held to discuss the proposal. The
applicant has been informed of requirements and standards.
(Signature) (Date) (Sign-off Waived)
The applicant is required to discuss the proposal with
to become informed of watet system
requirements and standards. '
( j The applicant is required to discuss the proposal with
to become informed of sewage disposal
requirements and standards.
4. SVATER Pi1RVEYORt (Waive if outside CWSSA,)
a) The proposal located within the boundary of our future
service area.
b) The proposal located within the boundary of our cunent
district.
c) We are/are noc able to serve thts site witb adequatc water.
d) Satisfactory arrangemeats have/have not bean made to serve this
proposal.
I
(Stgnature) (Date) (Sign-off Waived)
5. SEWFRAGE PURVFYOR~
(If other than Spokane County)
A preliminary consultation has been held to discuss the proposal.
The applicant has been informed of requirements and standards.
(Signature) (Date) (Sign-off Waived)
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Page 2 of 4
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PLANNING DEPARTMENT
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I ~ BROAOWAY CENTRE BUILOING N. 721 JEFFERSON STREET
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'PHONE 456-2205
SPOKANE. WASNINGTON 99260
SPOKANE COUhTY GOURT NOUSC
moTIICIB OF S1PDOKANB ~OUNTZY ZOMNG AIIDJUSTOR PUBILIIC
EI IL A]I8 II NG
DATE: February 8, 1989
TIME: 10:45 a.m. or as soon thereafter as poss[ble
PLACE: Spokanc County Planning Dcpartmcnt
2nd Floor Hcsring Room, Broadway Centrc Building
North 721 Jefferson Street
Spokane, WA 99260
Case #3
EjU WVE-41-88
WAIVER OF VIOLATION FOR FENCE HEICHT:
LOCATION: Genorally located in the Spokane valley, north of and adjacent to
Valleyway Avenue and west of and adjaccnt to Sullivan Road in thc SE Y4 of
' Section 14, Township 25N, Range 44EWM. The address of the property is E. 15413
Vallcyway.
P R O P O S A L: The applicant rtqucsts a Waiver of Violation to allow a six (6) foot
fence to remain in the front yard, whereas, the Spokane County Zoning Ordinance
requires in Section 4.17.040 that no fence over thirty-six (36) inches in height
may be erected within the required front yard of any lot used for residential
purposes. The parcel has been used and is now being used for residential
purposes.
EXISTINC ZONINC: Agricultural
SITE SIZE: Approximately ninety-four hundredths (.94) acre
APPL.ICANT: Kenneth G. Redlin
P. O. Box 13156
Spokane, WA 99213-3156
ITEMS CARRIED OVER FROM PREVIOUS HEARINGS MAY BE HEARD FIRST,
POSSIBLY CAUSING DELAYS. LEGAL DESCRIPTIONS AND PROJECT DETAILS FOR
THESE PROJECTS ARE AVAII.ABIE IN THE PLANNING DEPARTMENT FII.ES.
APPEALS OF THE DECISION ON THE ABOVE LISTED CASE MUST BE ACCOMPANIED
BY A$100.00 FEE. (Sections 4.25.090 and 4.25.100 of the Spokane County Zoning
Ordinance.)
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SFOKANII: GOUNI'Y MANNING DEPARTNff:Rr
Certificata of ExesaptioA No.: Application No.:.JA1V0-
Naiue of Appllcant: C-, ,Agent: Y N
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Strcet Address: ~nX z.~5
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C, ~t ~ 1~,G~ Stata..,~-~~ Code. ~ -
Agants No.
. s~E x/..~J
Name of Property Owaer(s).~
Street Address: X.9,149_1
Zip Phoae • Home:
City: Steta: Code: Work:
REQUESTED ACTION(S) (Circle appcopriata actioa):
Variance(s) Condidonal Use Pemit Oto~n =oaforming Lot/Use
0 o Temporary Use/Structuro
FnR cIAFF [ 1SE ONLY CODE: ORDINANCM
Cite Regulatioas Sectton(s): 7~ LO - Propart; Viotation/
Sectioo:~ Towns~ip:Range:Siz~:• ~a~orcciaeat Y N
Existtng Zoning: omp. Plan Dcsignatioa:
LEC3AL
.
PSSA Y/ t UL~• Y A9g;- YFiRE DIST.• CHECKED BY•
~T i y
Heanng Dace:, Parsoaael Takiag in Appltcation:
,
Existing Usc of Propcny: Dcscnbe tntended Proposal in Terms of REQUESTED CTIONS above: 2 P n ~
lr v~ Q'~ ~%'D~.~-~lrt ~ ~,~~'~i~~ ~ ~ ~O► '
Strcet Address of Property:
Legal Description of Property (includa easenaent, if applicable): Z457, / o0=77-'
Parcel Source of Legal•
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Totai amount of adjoiniag Iaad cootrolied by thi owaer/spoasor.
What interest do you hoid ia the property?
Please tist previous P1annlag Departasea actions involving this property:
i swEAR, Ur,rDF.tt PENALTY OF PERJURY. THAT: (1) I AM THE OWNER OF REMRD OR
AUTHORIZED AGENT FOR THE PROFOSED SIM (t) MF NOT THE OWNF.R. WRMEN
PERMISSION FROM SAID OWNER AUTHORIZINC3 MY AGTIONS 4N HIS/iMR BEHAL.F IS
ATTACHED: AND (3) ALL OF THB ASOVE RESFONSES AND THOSE ON SUPFORTAYC3
DOCUMEN'T5 ARE MADE TR + Y AND FST MY KNO E.
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`-`S i gned: - ~
- - Address:
. Phone No.: Date
/ t~2 &7~ ~
NUTARY SEAL4 Notary: •
DStC: ~ 03 111?r
Page 1 cf"4 (Over) Ravised 3•4-88
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A. BCIRDEN OF PROOF
It is accessary for the applicant or his/her represantative to establish the reasons
why the REQUESTED ACTION sbould be approved and to literally put fortb the basic
casc. Accordingly, you should bave been given a form for your requested action
(variance' sanditional use, etc.) designed to heip you present your case in a way
which addresses the criteris which the Zoning Adjustor must consider. Please fill
the form out and return it with your application. If you did not get a form, ask the
Planning Depanment porsonnel for advica on how to proceed.
SIGN-OFF BY COUNTY DEPARTMENTS AND OTHER AGENCIES
1. COUNTY HEALTH DISTRICT
a) Proposad method of watcr supply:
b) Proposed mathod of sewage disposal:
A preliminary consultatioo has beea held to discuss the proposal. The applicant
has been informed of tequicements and standards.
(Signature) (Date) (Sign•off Waived)
OCOUNTY ENCINEERINC DEPARTMENT
A preliminary consultation has baen held to diseuss the proposal. The applicant
has Vture) rmed f requiraments and standsrds.
4z-LP (Date) (Sign•off Waived)
3, COUNTY iITIL.tTIES DEPARTM ENT (Waive if outside WMAB)
[ I A preliminary consultation has been held to discuss the proposal. The
applicant has been informed of requirernents and standatds.
(Signature) (Date) (Sign-off Waived)
,
The applicant is required to discus~ thc proposal with
to becoma informed of water system
requirements and standards.
The applicant is required to discuss the proposal with
to become informed of sewage dtsposal
requirements and staadards.
4. WATFR P[IRVFYnRt (Waive if outside CWSSA)
a) The proposal isgris tocated within the boundary of our future
sarvice area.
b) The proposal 'r located within the boundary of our current
district.
c) We are/are noc able to serve thIs site with adequate water.
d) Satisfactory arrangementa have/have noc been mada to serve tbis
Proposal.
(Signature) (Date) (Sign-off Waived)
S. SEWFRACE PLIRVFYAR!
(If other than Spokane Couaty)
I) A preliminary consultatioa has becn bctd to discuss the proposal.
The appiicant bas been informed of requirements and standards.
(Signature) (Date) (Sign-off Waived)
Pagc 2 of 4
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B. One of the intents of the County in enacting Spokane
County Zoning Ordinance Chapter 4.17.040 was to safeguard persons
exiting from a fence-enclosed residential lot onto a public
street. It is also intended to protect the public that travels
that street. The height restriction of thirty-six (36) inches
was imposed so that motorists or pedistrians could see over
the fence to spot oncoming traffic. Although Mr. Redlin's
fence is, in fact, double the permissible height, it is chain-
link and, therefore, permits visability through the fence.
Vision is, therefore, not impaired. Mr. Redlin has no intention
of extending the fence any further than its current position
and does not intend to change the composition of the fence
by inserting wooden slatg or other vision-obstructing materials.
While the abandoned house on the commercially zoned
lot directly across from the property was finally destroyed
in the Summer of 1988, Mr. Redlin still believes that there
are valid security reasons for maintaining the fence at its
current height. The traff ic patterns on Sullivan Road have
increased in the four (4) years since Mr. Redlin purchased
the property and the property is still surrounded by commercial
lots or junk housing. In short, this is an area in transition.
The location and see-through nature of the fence do not endanger
the public safety, convenience or general welfare and is consistant
with the spirit and intent of the Ordinance.
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A. The project for which a Waiver of Violation is sought,
purusant to Zoning Ordinance of Spokane County, Chapter 4.25.030
(f), is a cited violation on Spokane County Parcel No. 14544-1136,
East 15413 Valley Way Avenue. This violation is based on Spokane
County Zoning Ordinance, Chapter 4.17.040, which states, in
pertinent part:
Fences. No fence over thirty-six (36)
inches in height may be erected within
the required front yard of any lot used
for residential purposes.
This fence was erected in April 1985, at its current
height, primarily, for reasons of security. While the lot
and residence do not abut on Sullivan road, they are located
only one (1) County lot away f rom Sullivan. This thoroughfare
exists as one of the main Spokane Valley North/South arterials.
Thus, traffic patterns have increased dramatically as the population
density also increased. In addition, the structure and property
indentified on the Spokane County Assessor's Map as "D",. No.
14, and, located directly across from the residence at East
15413 Valleyway Avenue was vacant and subject to repeated attacks
of vandalism by persons unknown. Periodically, transients
would take up residence in this vacant house and contributed
substantially to the continued vandalism of this structure
and property. Further, Mr. Redlin intended that his son would
live in the residence.
Therefore, Mr. Redlin's overall concerns were the
security of the residence and the property in light of the
proximity of the residence to Sullivan Road with its increased
traffic flow, and the physical condition and location of the
abandoned, and vandalized, residence across the street from
the property. Mr. Redlin respectfully submits that, although
he did not know of the Zoning Ordinance concerning height res,tric-
tions on front yard fences for residential lots, he erected
the fence in question at its present height in good faith and
with every intent to comply with the provisions of the Zoning
Ordinances.
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II. WAIVER OF V{IOLATION ('Sectton 4.25.030 f, of Zoning Ordinance)
A. Was project erected in good fai`th and, with every intent to conQly with, the
provisions of the Zoning Ordinance? Ifi so, explain how you exercised good
faith and intent and still ended up in violation of the Zoni,ng Ordivance?
See attached. _
B. Whi;le not complyi ng wi th every detai 1 of the provisions of the ordinance,
expl ain how the project i,s consi stent wi th the spi ri t o rintent Qf the%
o rdi n an ce?
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See attached.
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