Loading...
SPE-34-78/SPE-34A-78 C• ' . . • ZON I NG ADJ USTOR SPOKANE COUNTY, WASHINGTON IN TNE MATTER OF A CHAyGE OF CONDITIONS TO A) CONDITIONAL USE PERMIT AND REVISED SITE PLAN) FINDINGS, CONCLUSIONS TO ALLOW EXPANSION OF AN EXISTING KENNEL. ) AND DECISION (SPE-34A-78); NEMPNILL ) SUMMARY OF APPLICATION: The applicant is the owner of an existing kennel, established by action of the Zoning Adjustor in 1978, Zoning Adjustor File SPE-34-78. The present applicant was not the original applicant. The previous conditional use permit established a limitation of 25 dogs and lirnited the number of kennels to approximately 22. Other conditions of approval were also imposed. P resently, . the applicant wishes to expand the number of kennels to 50 and the number of permitted dogs to a maximum of 100 through a change of condition to the original conditional use permit and approval of a revised site development plan. LOCATION: The existing kennel is located at E. 17505 Cataldo in the East Spokane Yalley. The Assessors Parcel # is 18552-2025. DECISION OF TNE ZONING ADJ USTOR: Based upon the evidence presented and circumstances associated with the project proposal, the Zoning Adjustor APPROYES the proposal conditioned upon: (1) removal of the existing on-site manufactured home completely or its relocation to a site greater than 200' f rom the expanded kennel and (proper licensing to in fact have more than one residence on the same site); (Z) compliance with original conditions of approval; and (3) and new conditions of approval stated hereinafter, , PUBLIC NEARING: After examining all available information on file with the application and visiting the subject property and surrounding area, the Zoning Adjustor conducted a public hearing on April 9, 1986, and rendered a written decision on April 24, 1986. FINDINGS OF FACT 1, The proposal is generally located at E. 17505 Cataldo Avenue in the East Spokane Valley area and is further identified as Assessors Parcel #18552-2025, being more specifically described in Zoning Adjustor File SPE-34A-78. 2. The proposal consists of a Change of Condition and a revised site plan for an existing kennel previously approved by Conditional Use Permit SPE-34-78. The original kennel was approved and constructed for approximateiy 22 kennel stalls and a maximum of 25 dogs. The property has since changed hands and the present owner/applicant wishes to add an addition to the kennel which approximates the size of the existing kennel, thus allowing a maximum of 100 dogs and 50 kennel units. The expansion would essentially be a"mirror" image of the existing kennel expansed to the east. The applicant has subinitted a very simplified site plan, identifying the existing features of the five acre parcel and the proposed addition (the proposed addition is indicated in yellow high-lighter). The applicant failed to identify a single wide manufactured home located in the southeasterly portion of the five acre - parcel. . , , FINDINGS, CONCLUSIONS AND DECISION FILE SPE-34A-78 PAGE 2 3. The adopted Spokane County Future Land Use Plan designates the area of the proposal as URBAN and the proposal is not inconsistent with the County's Comprehensive Plan, including the Future Land Use Plan. 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 mixed residential and agricultural uses, including a residential subdivision to the west; although not immediately adjacent to the kennel area of the subject parcel. 6. The applicant testified under oath that the resident to the immediate east has no objection to an expansion of the kennelo The applicant also testified under oath that one of the parties living ;n the area to the west had advised him that she did not even know that a ken;7el was there; referring to lack of noise and odor. 7. Upon inspection of the facility, the Zoning Adjustor noted that the business was run in a clean and orderly manner. 8. The manufactured home existing on the parcel in the southeasterly corner is an unpermitted structure and the applicant has been advised to remove it in a reasonable time frame. Enforcement action by the staff's Zoning Coordinator will be undertaken. The applicant agreed that the unit would be moved. The unit was established by Conditional Use Permit as a dependent relative residence prior to the applicant's having purchased the facility. The applicant was unaware that it was not a permitted unit and maintained it as rental property with the same resident tenant in it as when he purchased the property. The applicant may wish to attempt to establish a similar unit as a dependent relative housing at some point in the future; but that will be the subject of another application. At this point the Zoning Adjustor makes no judgement as to whether a future manufactured home could be located at this location within less than 200' of the expanded kennel. 9. The applicant has indicated complete willingness to cooperate with the various health authorities which might regulate the control and management of animal waste and cleanl i ness of such a faci 1 i ty. 10. The applicant has constructed a safety yard on the west end of the existing kennel for the purpose of allowing some exercise by dogs in a grassy area contained within a fence. The westerly side of'the safety yard has been established with a wooden fence to reduce or mitigate any sounds of.dogs which may be coming from the open door of the west end of the kennel. The applicant plans the same treatment on the east side of the kennel, with the new addition. 11. The applicant has expressed an intent to construct the new facility in a soundproof and energy efficient manner, utilizing solar energy application on the south facing roof surface. The applicant has spoken of 6" walls with insulation and dual glazing windows for the purpose of both energy efficiency and reduction of sound to the surrounding area. 12. I t i s appropri ate to ensure that the previ ous condi t1 ons of approval are still in force at the site. However, accompanying this document is an admi ni strati ve deci si on that two of the previ ously requi red condi ti ons are no longer in effect and that there appears no need to attempt ta enforce them. 13. 7he objector of record is record owner of four residential parcels located approximately 500 feet to the west and northwest. Other parcels interven between these properties and the kennel property. These parcels are presentiy undeveloped, but contained within an approved final subdivision. These parcels are on the opposite end of the partion of the kennel to which the new addition would be constructed. The objector of record resides approximately four miles to the northeast, and is therefore not directly affected as a resident by activities at the site. The subdivision was developed with knowledge of a perpetual existing kennel. 14. Of the numerous residents included within the 300' of notification (f rom the subject five acre parcel), there were no taxpayers or owners who submi tted wri tten or verbal objections to the ~xpansi on of the kennel. . . . . . . . . FINDINGS, CONCLUSIONS AND DECISION FILE SPE-34A-78 PAGE 3 15. The kennel is on the north side of Cataldo Avenue which is immediately adjacent to Interstate 90. The property in general is subject to continual freeway background noise, 16. If the question of barking dogs becomes an issue in the future and it is necessary to dete rnine whether or not the noise levels are objectionable, the standards provided in WAC 173-60 should be used as a guideline for deciding whether or not there a re unacceptable levels of noise generated at the site and reaching the receiving properties. 17. It will be necessary to initially establish the change in condition for the conditional use permit for the expansion of the kennel as a two-year permit. At the end of that two year period of time the Zoning Adjustor, after review of any complaints and a review of the operation for compliance with the conditions of approval, is then to be authorized to make the conditional use permit permanent upon findings that the applicant is complying with the conditions of approval and that there are no ~omplaints. The Zoning Adjustor may alternatively call for a public hearing a~ that point to receive testimony regarding the operation. 7he administrative decision of the Zonin9 Adjustor to grant permanent status is also subject to review by the Board of Adjustment under the scrutiny of "Review and Administrative Action", Section 4.25.030 c. of the Spokane County Zoning Ordinance as amended or as replaced by subsequent ordi nance. 18. Pursuant to the State Environmental Policy Act the environmental checklist and other data has been reviewed and the project has been found to not have any probable significant adverse impacts to the physical environ- ment. A Determination of Nonsignificance (DNS) was issued on January 29, 1986 and sent to five agencies of jurisdiction. The agencies reviewing the checklist neither indicated that a more detailed environmental review should be provided nor commented that the DNS should be re-considered. Comments regarding environmental matters were not made at the public hearing. The re was not sufficient evidence presented pursuant to WAC 197-11-340 (3) (a) to witndraw the DNS. 19. A letter of support was received from Patrick 0'Dea, D.V.M. stating that the kennel was operated by a responsible and caring people who make every effort to maintain a clean and disease-free facility. 20. The applicant has been made aware of the recommendations of various County/State agencies reviewing this project and has indicated he can comply wi th those recommendations. 21. The proposed site plan indicates that setbacks, parking, height of the structure(s) will confor~n to the Spokane County Zoning Ordinance. It will be necessary to remove or relocate the existing manufactured home on the kennel structure, posed 22. The proper legal requirements for advertising of the hearing before the Zoning Adjustor of Spokane County have been met%;. 23. Any conclusion hereinafter stated which may ue deemed a finding herein is hereby adopted as such. From the Findings, the Zoning Adjustor comes to these: CONCLUSIONS 1. The proposal as set forth by the Zoning Adjustor is not detrimental to and is compatible with the public health, safety and welfare. This conclusion can only be reached if the existing manufactured home is moved or relocated to a point greater than 200' from the proposed kennel addition, including the exterior safety yard. , • , . , , . FINDINGS, CONCLUSIONS AND DECISION FILE SPE-34A-78 PAGE 4 2. The proposal is listed in the Spokane County Zoning Ordinance as a conditional use allowed in the Agricultural zone and the proposal does meet the established and applicable criteria described for that conditional use. It will be necessary to remove or relocate the manufactured home in order to comply with the 200' setback requirement f rom existing residential structures. 3. Various performance standards and criteria are additionally needed to . make the use compatible with other permitted activities in the same vicinity and zone and to insure against imposing excessive demands upon public utilities and these shall be addressed as conditions of approval. Particular note is the requirements that the original conditions of approval, except for those addressed in a separate administrative interpretation attached herewith are among those conditions of approval which the applicant must comply. 4. The Zoning Adjustor may require such conditions of approval as necessary and appropriate to make the project most compatible with the public interest and general welfare. 5. Any finding hereinbefore stated which may be deemed a conclusion herein is adopted as such. DECISION From the foregoing Findings and Conclusions, the Zoning Ad,justor APPROVES the proposal for a two year period of time, contingent upon the manufactured home being removed or relocated to a point greater than 200` from the kennel addition prior to occupancy of the kennel. The original conditions of approval, except as noted in the attached administrative interpretation are required for compliance and applied to the total project in addition to the following additional conditions of approval stipulated below. CONDITIONS OF APPROV AL I. GENERAL , ~ l. The following conditions shall apply to the applicant, owner and successors in interest. 2. The Department of Building and Safety shall route the building permit application to all of the agencies and offices of county government below which are indicated as needing to give their authorization prior to the release of a building permit. Upon reviewing the various plans returned to.the Department of Building and Safety by the other departrnents, the department will consult with the Planning Department if there are any changes resulting from review by the other departments when compared to the plans as approved by the Planning Department. Such review may necessarily result in a revision of the site plan for use by the Department of Building and Safety or possibly a with-holding of the building permit until any conflicts are ~,:;olved. 3. Due to the sketchy nature of the documents submitted with the application, it shall be necessary for the applicant to submit revised drawings of the addition to the kennel. Those drawin s needed for ~ap~ lication for a building permit shall be submitted for review by the zoning dajustor prior to application for a buildin permit. Such plans shall address the various items listed hereina?ter in subsequent conditions of approval, II. PLANNING DEPARTMENT l. The applicant must comply with the provisions of SEPA's NOTICE OF ACTION (See RCW 43.21C.080) within 30 days of the final disposition of this application and prior to on-site improvements. The purpose of such a NOTICE OF ACTION is to establish a time limitation upon which the . . , . FINDINGS, CONCLUSIONS AND DECISION FILE SPE-34A-78 PAGE 5 environmental determination for this project can be challenged. Alternatively, the applicant may waive the NOTICE OF ACTION requirements by filing the appropriate documents provided by the Spokane County Planning Department. 2. The kennels for housing of the dogs are to be constructed of soundproof materials or materials designed to reduce noise. Particular attention should be given to insulation levels of at least R-19 in 6" thick walls and a minimum of R-30 insulation values in the ceiling. Windows shall be double glazed and at least the exterior door at the end of the kennel shall be of a well insulated nature. The safety yard shall be designed of solid fencing material for the purposes of intercepting sound traveling toward properties to the east. If a question arises regarding the sound levels reaching adjacent properties, the standards of WAC 173-60 shall be used for purposes of such a determination or enforcement. 3. All floor areas of the kennel are to be concrete or other impervious materials, except that the safety yard may be sodded, but shall not be left as unplanted dirt. 4. The disposal of wastewater used to cleanse the kennel areas shall be disposed of in a manner acceptable to the Health district. Water for daily or regular washing of the kennels shall be available within the building. 5. Tne method of waste control and removal shall be approved by the Spokane County Health District and non allowed to accumulate. 6. Dogs are to be kept inside the kennels between the hours of 9 p.m, and 7:30 a.m. 7. At the time more detailed drawings are submitted regarding the con- struction of the addition to the kennel, a site development plan for the five acre parcel shall be submitted, similar to the one submitted with the application and showing the dimensions ard the lac3tion of the existing kenriel and the proposed addition with respect to the property lines and other adjacent housing. , ~ 8. At just over two years from the date of signing of this order or any sub- sequent appeal to this order, the Zoning Adjustor, upon review of a- finding of compliance with the conditions of approval and a finding that compliance exists, shall issue an administrative order granting permanent status to the kennel as long as it has not ceased to operate for more than 365 consecutive days. That order shall be mailed to owners and taxpayers of record in the manner normal for a conditional use permit and be subject to review by the Board of Adjustment under 4.25.030 c. III. DEPARTMENT OF BUILDING & SAFETY 1. Any expansion or construction of a new building will require permits in accordance with Section 301 of the Uniform Building Code. 2. Any fence structures constructed in excess of 6' in height may also requi re permi ts from the Department of Bui 1 di ng and Safety. IV. UTILITIES DEPARTMENT l. 7he owner(s) or successor(s) in Interest agree to authorize the County to place their name(s) on a petition for the formation of a ULID by petition method pursuant to RCW 36.94 which the petition includes the Owner(s) property and further not to object by the signing of a protest petition ' ` , • • • ' - • • FI14DINGS, CONCLUSIONS AND DECISION FILE SPE-34A-78 PAGE 6 against the formation of a ULID by resolution method pursuant to RCW Chapter 36.94 which includes the Owner(s) property, PROVIDED, this condition shall not prohibit the Owner(s) or Successor(s) f rom objection to any assessment(s) on the property as a result of improvements called for i n conj uncti on wi th the formati on of a UL ID by ei ther peti ti on or resolution method under RCW Chapter 36.94, 2. Pursuant to the Board of County Comnissioners Resolution No, 80-0418, the use of on-site sewer disposal systems is hereby authorized. This authorization is conditioned on compliance with all rules and regulations of the Spokane County Health District and is further conditioned and subject to specific application approval and issuance of permits by the Neal th Officer, Y. HEALTH DISTRICT l. A combined surface water and sewage disposal detail plan shall be approved by the Spokane County Engineer and the Spokane County Health District prior to the issuance of any building permits for this project. 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 shall be by an existing public water supply when approved by the Regional Engineer (Spokane), State Department of Social and Nealth , Servi ces, 4. Use of private wells and water systems is prohibited. 5. Disposal of sewage effluent is currently prohibited beneath paved surfaces. 6. The disposal of wastewater used to cleanse the kennel areas shall be disposed of in a manner acceptable to the Health district. Water for daily or regular washing of the kennels shall be available within the building. . , 7. The method of waste control and removal shall be approved by the Spokane County Health District and non allowed to accumulate. VI. ENGINEER'S OFFICE 1. The applicant shall dedicate 10' on Cataldo (frontage service road) for right-of-way prior to any occupancy of the kennel addition. 2. The applicant shall improve Cataldo (frontage service road) in a manner consistent with County TYPICAL Roadway Section No. 2, minimum paving width access standard. 3. The word "applicant" shall include the owner or owners of property, his/ her heirs, assigns and successors. 4. To construct the road improvements stated herein, the applicant may, with the approval of the County Engineer, join in and be a willing participant in any petition or resolution which purpose is the formation of a Road Improvement District (RID) for said improvement pursuant to RCW 36.88, as amended. Spokane County will not participate in the cost of these improve- ments. 5. As an alternative method of constructing the rond improvements stated herein, the applicant may, with the approval of tiie County Engineer, accornplish the road improvements stated herein by joining and partici- pati ng i n a county road proj ect (CRP ) to the extent of the requi red road improvement. Spokane County will not participate in the cost of these improvements. • . ~ r FINDINGS, CONCLUSIONS AND DECISION FILE SPE-34A-78 PAGE 7 6. Al1 required improvements shall conform to the current State of Washington Standard Specifications for Road and Bridge Construction, and other applicable County Standards and/or adopted resolutions pertaining to Road Standards and Stormwater Management in effect at tne date of construction, unless otherwise approved by the County Engineer, 7. Roadway Standards, TYPICAL Roadway Sections and Drainage Plan required are found in Spokane Board of County Commissioners Resolution No. 80-1592 as amended and are applicable to this propsoal, 8. A combined surface water and sewage disposal detail plan shall be approved by the Spokane County Engineer and the Spokane County Health District prior to the issuance of any building permits for this project. VII. SPOKANE COUNTY AIR POLLUTION CONTROL AUTHORITY 1, Ai r Pol 1 uti on regul ati ons requi re that dust emi ssi ons duri ng constructi on and excavation be controlled. This control may be controlled by use of water sprays, tarps, sprinklers or suspension of activities during certain weather conditions. 2. Measures shall be taken to avoid the deposition of dirt and mud from unpaved surfaces onto paved surfaces and if tracking or spills occur on paved surfaces these must be immediately cleaned, 3. All travelled surfaces (ingress, egress, parkign areas, and access roads) must be controlled as far as the emission of dust due to travelling on the surfaces. This may be accomplished by periodic applications of high quality "clean" gravel or an acceptable dust palliative. The applicant is advised that if dust emissions from these surfaces becomes a problem the Air Pollution Control Authority may require the owner to mitigate the problem. ~ DATED THIS DAY OF April, 1986. . omas G. Mo e, AIC Zoning Adjus or Spokane County Washington ~ FILED: 1) Applicant 2) Parties of Record 3) Spokane County Engineers Office 4) Spokane County Nealth District 5) Spokane County Utilities Dept. 6) Spokane County Dept, of Building & Safety 7) Spokane County Air Pollution Control Authority NOTE: ANY PARTY AGGRIEVED BY THIS DECISION MUST FILE AN APPEaL WITHIN TEN (10) CALENDAR DAYS OF TNIS DATE. 0057z/4-86 , ~ .1 ZOP(, G-,ADjUSTOR FINDINGS & ORDER Hearing : October 41 1978 Minutes Written: October 25, 1978 SPECIAL CONDITIONAL USE ~ SPE-34-78, Doq Kennel ~ ZONING ADjLJSTOR DECISION: After public testimony and:review the decision of the Zoning Adf ustor is to approve the applfcant's request for a dog kennel. - A. FINDINGS FOR APPROVAL: Pursuant to Section 4. 24. 010 (b) and 4. 04.170 (L) of the Spokane County Zoning Ordinance, the Zoning Adjustor has the responsibility of determining that the granting of a Special Conditional U se will not be detri- mental to the surrounding properties. In assuring compatibility, the Zoning Ad- iustor based his decision on the testimony presented at the October 4, 1978 Zoning Adjustor Hearing as well as criteria set forth in the Spokane County Zoning Ordinance for issuance of a Special Conditional Use. The Zoning Adjustor hereby finds the following: 1. Current land use in the immediate vicinity is Agricultural (Farming and Farm Animals) which would be compatible with a kennel operation. 2. The proposed use will not change the character of a rural farming community. 3. The applicant testified the present need is for the housing of show and trial dog s . 4. The Zoning Adjustor is of the opinion that prnper standards and conditions could be imposed to protect neighboring properties and not be detrimental to public welfare. S. The Zoning Adjustor is also of the opinion that potential impacts of noise and sanitation can be mitigated through attachment and enforcement of conditions. 6. An Environmental Checklist has been circulated to appropriate agencies of iurisdiction. Recefving no significant impacts , the Zoning Adjustor has issued a proposed declaration of significance. B. ORDER: The following conditions are being imposed by the Zoning Adjustor in order to protect the public welfare and surrounding properties, and to ensure compatibility of the proposed use. 1. The approval and conditions are for the housing of dogs not to exceed 25 in number. , 2. Kennels for the housing of the dogs are to be constructed of soundproof materials or materials to reduce noise. 3. All floor area of the kennels as well as runways are to be of concrete or other impervious materials. (continued. .1. ~ i r FINDINGS 4.0RDER I ( - " SPE-34-781 Dog Kennel Page 2 ; 4. Installation of drainage basins will be required to dispose of waste-water from washing of kennels. ~ S. Water for daily washing of kennels and runway shall be available on-site. 6. Method of waste control and removal shall be approved by the Spokane County Health District and in no way shall waste be allowed to accumulate. 7. Runway shall be fenced and screened with live plantings to the west and south. 8. Dog are to be ke t ins~de the kennels (within the barn) between the hours of ' I. and .3 da , in order to prevent noise from disturbing surround- -ig ing properties. 9. There shall be no display of on-premise commercial signs advertising the kennel. 10. Prior to the finalization of this order and release of a building permit, the applicant shall submit to the Zoning Adiustor staff, plans and specifications required to satisfy the conditions of this order. The plans shall include the following: a) Number of kennels and number of dogs for each kennel.. b) Dimensions of kennels as well as constrwction materials. c) Source of water. d) Location and dimension of drainage basins. e) Type and location of live plantings. f) Type of floor area for both kennel and runway. g) Describe method for waste removal on plot plan. C. OBjECTDRS OF RECORD: John E. Sharp, CPM Seattle Pirst Nat' 1 Bank 601 W. Riverside Spokane, WA 99210 (continued, ) . ~SPE-34-78 , ~Dog Ken~___ _ l Page 3 D. GENERAL DATA: c a. Location: Section 18, Township 25, Range 45 E.W.M. , Tract 20, Bacon's Addition to Greenacres Parcel No. 18552-2025 b. Applicant: Max J. Heuett E 17505 Cataldo Greenacres, WA. 99016 c. Existing Zoning: Agricultural, established July 30, 1957 d. Special Permit Requested: To allow a Dog Kennel in the Agricultural Zone e. Application of Zoning Provision: Chapter 4.04, Section 4.04.170 (1) ~ THOMAS L. DA , Zoning Adjustor ~ . , , ' . ZON I NG ADJ USTOR SPOKANE COUNTY, WASNINGTON . IN THE MATTER OF A CHANGE OF CONDITIONS TO A) CONDITIONAL USE PERMIT AND REVISED SITE PLAN) FINDINGS, CONCLUSIONS TO ALLOW EXPANSION OF AN EXISTING KENNEL. ) AND DECISION (SPE-34A-78); HEMPNILL ) SUMMARY OF APPLICATION: The applicant is the owner of an existing kennel, established by action of the Zoning Adjustor in 1978, Zoning Adjustor File SPE-34-78. The present applicant was not the original applicant. The previous conditional use per~nit established a limitation of 25 dogs and limited the number of kennels to approximately 22. Other conditions of approval were also imposed. P resently, the applicant wishes to expand the number of kennels to 50 and the number of permitted dogs to a maximum of 100 through a change of condition to the original conditional use permit and approval of a revised site development pl an. LOCATION: The existing kennel is located at E. 17505 Cataldo in the East Spokane Valley. The Assessors Parcel # is 18552-2025. DECISION OF THE ZONING ADJ USTOR: Based upon the evidence presented and circumstances associated with the project proposal, the Zoning Adjustor APPROVES the proposal conditioned upon: (1) removal of the existing on-site manufactured home completely or its relocation to a site greater than 200' from the expanded kennel and (proper licensing to in fact have more than one residence on the same site); (2) compliance with original conditions of approval; and (3) and new conditions of approval stated hereinafter, PUBLIC HEARING: After examining all available information on file with the application and visiting the subject property and surrounding area, the Zoning Ad,justor conducted a public hearing on April 9, 1986, and rendered a written decision on April 24, 1986, FINDINGS OF FACT 1. The proposal is generally located at E. 17505 Cataldo Avenue in the East Spokane Valley area and is further identified as Assessors Parcel #18552-2025, being more specifically described in Zoning Adjustor File SPE-34A-78. 2. The proposal consists of a Change of Condition and a revised site plan for an existing kennel previously approved by Conditional Use Permit SPE-34-78. The original kennel was approved and constructed for approximately 22 kennel stalls and a maximum of 25 dogs. The property has since changed hands and the present owner/applicant wishes to add an addition to the kennel which approximates the size of the existing kennel, thus allowing a maximum of 100 dogs and 50 kennel units. The expansion would essentially be a"mirror" image of the existing kennel expansed to the east. The applicant has submitted a very simplified site plan, identifying the existing features of the five acre parcel and the proposed addition (the proposed addition is indicated in yellow high-lighter). The applicant failed to identify a single wide manufactured home located in the southeasterly portion of the five acre parcel. . • . FINOINGS, CONCLUSIONS AND DECISION FILE SPE-34A-78 PAGE 2 3. The adopted Spokane County Future Land Use Plan designates the area of the proposal as URBAN and the proposal is not inconsistent with the County's Comprehensive Plan, including the Future Land Use Plan. 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 mixed residential and agricultural uses, including a residential subdivision to the west; although not immediately adjacent to the kennel area of the subject parcel, 6. The applicant testified under oath that the resident to the immediate east has no objection to an expansion of the kennel. The applfcant also testified under oath that one of the parties living in the area to the west had advised him that she did not even know that a kennel was there; referring to lack of noise and odor. 7. Upon inspection of the facility, the Zoning Adjustor noted that the business was run in a clean and orderly manner. 8. The manufactured home existing on the parcel in the southeasterly corner is an unpermitted structure and the applicant has been advised to remove it in a reasonable time frame. Enforcement action by the staff's Zoning Coordinator will be undertaken. The applicant agreed that the unit would be moved. The unit was established by Conditional Use Permit as a dependent relative residence prior to the applicant's having purchased the facility. The applicant was unaware that it was not a permitted unit and maintained it as rental property with the same resident tenant in it as when he purchased the property. The applicant may wish to attempt to establish a similar unit as a dependent relative housing at some point in the future; but that will be the subject of another application. At this point the Zoning Adjustor makes no judgement as to whether a future manufactured home could be located at this location within less than 200' of the expanded kennel, 9. The applicant has indicated complete willingness to cooperate with the various health authorities which might regulate the control and management of animal waste and cleanliness of such a facility. 10. The applicant has constructed a safety yard on the west end of the existing kennel for the purpose of allowing some exercise by dogs in a grassy a rea contained within a fence. The westerly side of the safety yard has been established with a wooden fence to reduce or mitigate any sounds of.dogs which may be coming from the open door of the west end of the kennel. The applicant plans the same treatment on the east side of the kennel, with the new addition. 11. The applicant has expressed an intent to construct the new facility in a soundproof and energy efficient manner, utilizing solar energy application on the south facing roof surface. The applicant has spoken of 6" wails with insulation and dual glazing windows for the purpose of both energy efficiency and reduction of sound to the surrounding area. 12. It is appropriate to ensure that the previous conditions of approval are still in force at the site. However, accompanying this document is an administrative decision that two of the previously required conditions are no longer in effect and that there appears no need to attempt to enforce them. 13. The obj ector of record i s record owner of four resi denti al parcel s located approximately 500 feet to the west and northwest. Other parcels interven between these properties and the kennel property. These parcels are presently undeveloped, but contained within an approved final subdivision. These parcels are on the opposite end of the portion of the kennel to which the new addition would be constructed. The objector of record resides approximately four miles to the northeast, and is therefore not directly affected as a resident by activities at the site. The subdivision was developed with knowledge of a perpetual existing kennel. 14. Of the numerous residents included within the 300' of notification (from the subject five acre parcel there were no taxpayers or owners who submitted written or verbaT objections to the expansion of the kennel. . . o FINDINGS, CONCLUSIONS AND DECISION FILE SPE-34A-78 PAGE 3 15. The kennel is on the north side of Cataldo Avenue which is immediately adjacent to Interstate 90. The property in general is subject to continual freeway background noise. 16. If the question of barking dogs becomes an issue in the future and it is necessary to determine whether or not the noise levels are objectionable, the standards provided in WAC 173-60 should be used as a guideline for deciding whether or not the re are unacceptable levels of noise generated at the site and reaching the receiving properties. 17. It will be necessary to initially establish the change in condition for the conditional use permit for the expansion of the kennel as a two-year permi t. At the end of that two year peri od of time the Zoni ng Adjustor, after review of any complaints and a review of the operation for compliance with the conditions of approval, is then to be authorized to make the conditional use permit permanent upon findings that the applicant is complying with the conditions of approval and that there are no complaints. The Zoning Adjustor may alternatively call for a public hearing at that point to receive testimony regarding the operation. The administrative decision of the Zoning Adjustor to grant permanent status is also subject to review by the Board of Adjustment under the scrutiny of "Review and Administrative Action", Section 4.25.030 c. of the Spokane County Zoning Ordinance as amended or as replaced by subsequent ordinance. 18. Pursuant to the State Environmental Policy Act the environmental checklist and other data has been reviewed and the project has been found to not have any probable significant adverse impacts to the physical environ- ment. A Determination of Nonsignificance (DNS) was issued on January 29, 1986 and sent to five agencies of jurisdiction. The agencies reviewing the checklist neither indicated that a more detailed environmental review should be provided nor commented that the DNS should be re-considered. Comnents regarding environmental matters were not made at the public hearing. There was not sufficient evidence presented pursuant to WAC 197-11-340 (3) (a) to withdraw the DNS. 19. A letter of support was received from Patrick 0'Dea, D.V.M. stating that the kennel was operated by a responsible and caring people who make eve ry effort to maintain a clean and disease-free facility. 20. 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. 21. The proposed site plan indicates that setbacks, parking, height of the structure(s) will conform to the Spokane County Zoning Ordinance. It will be necessary to remove or relocate the existing manufactured home on the kennel structure, posed 22. The proper legal requirements for advertising of the hearing before the Zoning Adjustor of Spokane County have been met. 23. 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, The proposal as set forth by the Zoning Adjustor is not detrimental to and is compatible with the public health, safety and welfare. This conclusion can only be reached if the existing manufactured home is moved or relocated to a point greater than 200' from the proposed kennel addition, including the exterior safety yard. , . • . FINDINGS, CONCLUSIONS AND DECISION FILE SPE-34A-78 PAGE 4 2. The proposal is listed in the Spokane County Zoning Ordinance as a conditional use allowed in the Agricultural zone and the proposal does meet the established and applicable criteria described for that conditional use. It will be necessary to remove or relocate the manufactured home in order to comply with the 200' setback requirement from existing residential structures, 3. Yarious performance standards and criteria are additionally needed to make the use compatible with other permitted activities in the same vicinity and zone and to insure against imposing excessive demands upon public utilities and these shall be addressed as conditions of approval. Particular note is the requirements that the original conditions of approval, except for those addressed in a separate administrative interpretation attached herewith are among those conditions of approval which the applicant must comply. 4. The Zoning Adjustor may require such conditions of approval as necessary and appropriate to make the project most compatible with the public interest and general welfare. 5. Any finding hereinbefore stated which may be deemed a conclusion herein is adopted as such. DECISION From the foregoing Findings and Conclusions, the Zoning Ad,justor APPROVES the proposal for a two year period of time, contingent upon the manufactured home being removed or relocated to a point greater than 200' f rom the kennel addition prior to occupancy of the kennel. The original conditions of approval, except as noted in the attached administrative interpretation are required for compliance and applied to the total project in addition to the following additional conditions of approval stipulated below. CONDITIONS OF A?PROYAL I. GENERAL 1. The following conditions shall apply to the applicant, owner and successors in interest. 2. The Department of Building and Safety shall route the building permit application to all of the agencies and offices of county government below which are indicated as needing to give their authorization prior to the release of a building permit. 'Upon reviewing the various plans returned to the Department of Building and Safety by the other departments, the department will consult with the Planning Department if there are any changes resulting from review by the other departments when compared to the plans as approved by the Planning Department, Such review may necessarily result in a revision of the site plan for use by the Department of Building and Safety or possibly a with-holding of the bui 1 di ng permi t unti 1 any confl icts are resol ved. 3. Due to the sketchy nature of the documents submitted with the application, it shall be necessary for the applicant to submit revised drawings of the addition to the kennel. Those dra~wi_ngs needed for a plication for a bui 1 di ng permi t shal 1 be submi tted-for revi ew by tf~e Zoni n dajustor pri or to application for abuirdin permit. Suct~ pians sharl ad~ress tne various items listed hereinalter in subsequent conditions of approval, II. PLANNING DEPARTMENT 1. The applicant must comply with the provisions of SEPA's NOTICE OF ACTION (See RCW 43.2]C.080) within 30 day s of the final disposition of this application and prior to on-site improvements. The purpose of such a NOTICE OF ACTION is to establish a time limitation upon which the ~ • • ~ • • ' ' I • FINDINGS, CONCLUSIONS AND DECISION FILE SPE-34A-78 PAGE 5 environmental determination for this project can be challenged. Alternatively, the applicant may waive the NOTICE OF ACTION requirements by filing the appropriate documents provided by the Spokane County Planning Department. 2. The kennels for housing of the dogs are to be constructed of soundproof materials or materials designed to reduce noise. Particular attention should be given to insulation levels of at least R-19 in 6" thick walls and a minimum of R-30 insulation values in the ceiling. Windows shall be double glazed and at least the exterior door at the end of the kennel shall be of a well insulated nature. The safety yard shall be designed of solid fencing material for the purposes of intercepting sound traveling toward properties to the east. If a question arises regarding the sound levels reaching adj acent properties, the standards of WAC 173-60 shall be used for purposes of such a dete rmination or enforcement. 3. All floor areas of the kennel are to be concrete or other impervious materials, except that the safety yard may be sodded, but shall not be left as unplanted dirt. 4. The disposal of wastewater used to cleanse the kennel areas shall be disposed of in a manner acceptable to the Health district. Water for daily or regular washing of the kennels shall be available within the building. 5. The method of waste control and removal shall be approved by the Spokane County Health District and non allowed to accumulate. 6. Dogs are to be kept inside the kennels between the hours of 9 p.m, and 7:30 a.m. 7. At the time more detailed drawings are submitted regarding the con- struction of the addition to the kennel, a site development plan for the five acre parcel shall be submitted, similar to the one submitted with the application and showing the dimensions ard the laCation of the existing kennel and the proposed addition with respect to the property lines and other adjacent housing. 8. At just over two years from the date of signing of this order or any sub- sequent appeal to this order, the Zoning Adjustor, upon review of a- finding of compliance with the conditions of approval and a finding that compliance exists, shall issue an administrative order granting permanent status to the kennel as long as it has not ceased to operate for more than 365 consecutive days. That order shall be mailed to owners and taxpayers of record in the manner normal for a conditional use permit and be subject to review by the Board of Adjustment under 4.25.030 c. III. DEPARTMENT OF BUILDING & SAFETY 1. Any expansion or construction of a new building will require permits in accordance with Section 301 of the Uniform Building Code. 2. Any fence structures constructed in excess of 6' in height may also require permits from the Department of Building and Safety. IV. UTILITIES DEPARTMENT 1. The owner(s) or successor(s) in Interest agree to authorize the County to place their name(s) on a petition for the formation of a ULID by petition method pursuant to RCW 36.94 which the petition includes the Owner(s) property and further not to obj ect by the si gni ng of a protest peti ti on ~ . , . FINDINGS, CONCLUSIONS AND DECISION FILE SPE-34A-78 PAGE 6 against the formation of a ULID by resolution method pursuant to RCW Chapter 36.94 which includes the Owner(s) property, PROYIDED, this condition shall not prohibit the Owner(s) or Successor(s) from objection to any assessment(s) on the property as a result of improvements called for in conjunction with the formation of a ULID by either petition or resolution method under RCW Chapter 36.94, 2. Pursuant to the Board of County Comnissioners Resolution No. 80-0418, the use of on-site sewer disposal systems is hereby authorized. This authorization is conditioned on compliance with all rules and regulations of the Spokane County Health District and is further conditioned and subject to specific application approval and issuance of permits by the Health Officer, V. HEALTN DISTRICT 1. A combined surface water and sewage disposal detail plan shall be approved by the Spokane County Engineer and the Spokane County Nealth District prior to the issuance of any building permits for this project. 2. Subject to specific application approval and issuance of permits by the Nealth Officer, the use of an individual on-site sewage system may be authorized. 3. Water service shall be by an existing public water supply when approved by the Regional Engineer (Spokane), State Department of Social and Health Services. 4. Use of private wells and water systems is prohibited. 5. Disposal of sewage effluent is currently prohibited beneath paved surfaces. 6. The disposal of wastewater used to cleanse the kennel areas shall be disposed of in a manner accepta5le to the Health district. 4later for daily or regular washing of the kennels shall be available within the building. 7. The method of waste control and removal shall be approved by the Spokane County Health District and non allowed to accumulate. VI. ENGINEER'S OFFICE l. The applicant shall dedicate 10' on Cataldo (frontage service road) for right-of-way prior to any occupancy of the kennel addition. 2. The applicant shall improve Cataldo (f rontage service road) in a manner consistent with County TYPICAL Roadway Section No. 2, minimum paving width access standard. 3. The word "applicant" shall include the owner or owners of property, his/ her heirs, assigns and successors. 4. To construct the road improvements stated herein, the applicant may, with the approval of the County Engineer, join in and be a willing participant in any petition or resolution which purpose is the formation of a Road Improvement District (RID) for said improvement pursuant to RCW 36.88, as amended. Spokane County will not participate in the cost of these improve- ments. 5. As an alternative method of constructing the road improvements stated herein, the applicant may, with the approval of the County Engineer, accomplish the road improvements stated herein by joining and partici- pati ng i n a county road proj ect (CRP ) to the extent of the requi red road improvement. Spokane County will not participate in the cost of these improvements. ° • , r FINDINGS, CONCLUSIONS AND DECISION FILE SPE-34A-78 PAGE 7 6. Al1 required improvements shall conform to the current State of Washington Standard Specifications for Road and Bridge Construction, and other applicable County Standards and/or adopted resolutions pertaining to Road Standards and Stormwater Management in effect at tne date of construction, unless otherwise approved by the County Engineer, 7. Roadway Standards, TYPICAL Roadway Sections and Drainage Plan required are found in Spokane Board of County Comnissioners Resolution No. 80-1592 as amended and are applicable to this propsoal. 8. A combined surface water and sewage disposal detail plan shall be approved by the Spokane County Engineer and the Spokane County Nealth District prior to the issuance of any building permits for this project. VII. SPOKANE COUNTY AIR POLLUTION CONTROL AUTHORITY 1. Ai r Pol l uti on regul ati ons requi re that dust emi ssi ons duri ng constructi on and excavation be controlled. This control may be controlled by use of water sprays, tarps, sprinklers or suspension of activities during certain weather conditions. 2. Measures shall be taken to avoid the deposition of dirt and mud from unpaved surfaces onto paved surfaces and if tracking or spills occur on paved surfaces these must be immediately cleaned. 3. Al1 travelled surfaces (ingress, egress, parkign areas, and access roads) must be controlled as far as the emission of dust due to travelling on the surfaces. This may be accomplished by periodic applications of high quality "clean" gravel or an acceptable dust palliative. The applicant is advised that if dust emissions from these surfaces becomes a problem the Air Pollution Control Authority may require the owner to mitigate the probl em. ~ DATED THIS ~ DAY OF April, 1986. T omas G. Mo e, AIC Zoning Adjus or Spokane County Washington + FILED: 1) Applicant 2) Parti es of Record 3) Spokane County Engineers Office 4) Spokane County Nealth District 5) Spokane County Utilities Dept. 6) Spokane County Dept, of Building & Safety 7) Spokane County Air Pollution Control Authority NOTE: ANY PARTY AGGRIEYED BY THIS DECISION MUST FILE AN APPEAL WITNIN TEN (10) CALENDAR DAYS OF THIS DATE. 0057z/4-86 ; T . •~9E•Yl •i G"Triw1w• . . . PLANNING DEPARTMENT BROADWAY CENTRE 9UILOING N 721 JEFFERSON STREET ~ r :~A PHONE 456-2205 - , ' • . - , • . 4-; • ,n, • • -7!'•"' SPOKANE, WASHINGTON 99260 SPOKANE COUNTY GOURT MOUSC MEMORANDUM - T0: TO WHOM IT MAY CONCERN FROM: THOMAS G. MOSHER, AICP, ZONING ADJUSTOR DATE: APRIL 21, 1986 SUBJ : Adjustments to Ori gi nal Conditional Use Permi t Condi tions for SPE-34-78. The content of the following order is subject to appeal and review by any party wi thi n 20 days of the si gni ng of thi s document, pursuant to 4.25.030 c. and 4.25.060, and all of the Spokane County Zoning Ordinance. The appeal fee is =75.00 prior to the May l, 1986 and $100.00 on or after May 1, 1986. In consideration of an expansion of the dog kennel initiaily approved in SPE-34-78 (the present case is SPE-34A-78), the Zoning Adjustor takes note of the following. 1) The applicant requested on the application relief from an original condition of approval #9 on page 2 of the Order written ° on October 25, 1978, wherein the condition specified that no display of on-premise commercial signs or advertising of the kennel is to be alloKed. In fact, the original owner, and presently the applicant, had a sign advertising the business located at the front portion of the property. There have been no compiaints about this sign, it is in good taste, and does not block or obstruct any views. It is not illuminated at the present time and does not exceed 20 square feet on each face, more than 6 feet in height nor 6 feet in width and appears to be si tuated at 1 east 10 feet f rom the publ i c ri ght-of-way. When the application was processed the Planning Department staff neglected to advertise the matter of relief from the sign condition. I t i s the j udgement of the Zoni ng Adjustor that the si gn adverti si ng the business, at i ts 1 ocation adjacent to a freeway, is not unreasonable and that the sign is tastefully done and not a di stracti on. , . MEMORANDUM PAGE Z It's the judgement of the Zoning Adjustor that this sign should be authorized as if it were subject to a change of condition order of SPE-34A-78. For clarification, this sign and any other future signs pertaining to the kennel business shall conform to the standards as spelled out in Sec tion 4.17,120 d, of the Spokane County Zoning Ordinance. 2) Condition #7 of the original approval SPE-34-78 requires screen- ing with live plantings to the west and south of the then proposed kennel. The kennel was not constructed according to the plans submitted and such plantings would not serve the intended purpose. If the plantings were intended to provide an audio screeen for the property to the west, the applicant has now accomplished that by erection of a solid fence on the west side of the safety yard, thus providing a baffling for sounds travel l i ng i n a westerly di rection. It is the opinion of the Zoning Adjustor that the purpose and intent of this condition has been achieved by the solid fence addition by the app]icant. It is the position of the Planning Department that it is no longer necessary to enforce all of Condition of Approval V. Any reader of this document is again advised of his right to appeal this administrative decision under the conditions outlined above and subject to the specific provisions of the Zoning Ordinance. ° 0001 i L IrITEROFFICE MAIL SPOKANE COUNTY ZONING ADJUSTOR GARY NELSON, ENGR. OFFICE PUBLI*C HEARING AGENDA: APRIL 9, 1986 TELEPHONE NO.: (509) 456-2205 TIME: 1:15 P.M. PLACE: Spokane County Planning Department N. 721 Jefferson St.. 2nd tloor hearing room Broadway Centre Bldg. Spokane. WA 99260 APPLICATIONS WILL BE HEARD IN THE FOLLOWING OROER, EXCEPT THAT ITEMS CARRIED OYER FROM PREYIOUS HEARItIGS WILL 8E NEARD FIRST. LEGAL DESCRIPTIONS AND PROJECT DETAILS FOR THESE PROJECTS ARE AVAILABLE IN TNE PLANNING DEPARTMENT FILES. * A Determination of Nonsignificance (UNS) has been issued for EACH PROPOSAL MARKED with an A ONS is a decision, based upon information available at the time the DNS Nas issued. that no Environmental Impact Statement has been ordered to be prepared because it Nas judged that there was not likely to be a significant adverse impact to the physical environment. kritten cortxnents regarding the DNS: (1) are due by the close of business hours, Apri 1 7. 1986; (2) should reference the speci fi c fi le number; and (3) should be addressed to the Spokane County Planning Department, N.721 Jefferson St., Spokane. WA 99260. Addi tionally, comnents regarding the DNS and any other environmental documents may be made at the public hearing, the time and place of which I is set forth herein. Contact the Planning Department staff for more information (509) 456-2205. 1. VE-169-85 RELAXATION OF FRONT YARD SETBACK REQUIREMENT I teneral)y located south of and adj ent to Sprague Avenue, 120' east of 7hierman St. in the NE 1/4 of Section 24-25-43. PROPOSAL: To allow an enclosed, porch-like drive up window (Spokane Photo) to be located 19' from the front property line, whereas Section 4.10.080 d.l, of . the Spokane County Zoning Ordinance requires a 35' setback from the property line in the Commercial Zone. SITE SIZE: 6,480 sq. ft. APPLfUU: James Williams (Spokane Photo) L. c/o Pat Kofinehl * 2. SPE-34A-78 CNaNGE OF CONDITIONS Located north of Cataldo Avenue and south of Boone Avenue, approximately 1400' east of Flora Road in the NE 1/4 of Section 16-25-45. PROPOSAL: The applicant is requesting a change of conditions to Condition KB.1. and the site plan of the Conditional Use Permit granted on Oct. 25, 1918, which limited the number of dogs to 25 and the number of kennels to 22. The applicant is proposing an expansion to the east to allow up to 100 dogs and up to 50 kennels in the structure. SI TE S I ZE : 5 acres APPL I CAN1: James Nemphi 1 1 10111 . C~~~ • ~ ~ ~ U• ~j ~ , • ~ ~1 a 55~, ew~ ' ELpppp Q~ N o'~~ OC N ~ Z dr' ~ ~ • ~ 00 j' ► O oN ► < M . 0 w ,~g 190 ► 9 ~ 7 AU y 186 ~ ~~7 188 ~84 16 r~~~~es t ` ~ ~taryl 34 • ~ W E ~~E~ ' ; • ~ ~ . . ~T~ ` t~ ~i • ~ ~ . p ~ . n ' 1.. CA TA CA>004E. p NE . • .~s~ AyE, _ . ~ ce r ~iTEp~-S~a'►TE y ` q ~ / ~ %D O~P ` I L..t05 . , . . .ti rc . • • ► - , ; QFFt S r ~ ~ z : • o.~f' . . •f I,,,11 ~►1►"~ ~ j ~ : ,l:,• . r oo~ , PQ - ~ / v: 1ooo J ~ 2NV t N - EL . t~`' • ~ w ~ r+o~+ ~ 4041 r ► • ~ ~ . / . . , K' . . SPOKANE COUNTY ZONING ADJUSTOR , PUBLIC HEARING AGENDA: FEBRUARY 26, 1986 TIME : 1 :15 p.m. PLACE: Spokane County Planning Department, N. 721 Jefferson, 2nd floor hearing room CHANGE OF CONDITIONS ~ Located north of Cataldo Avenue and south of Boone Avenue, approximately 1400' east of Flora Road in the NE 1/4 of Section 18-25-45. ~ PROPOSAL: The applicant is requesting a change of conditions to Condition #B.l. and the site plan of the Conditional Use Permit granted on Octo ber 25, 1978, which limited the number of dogs to 25 and the number of kennels to 22. The applicant is proposing an expansion to the east to allow up to 100 dogs and up to 50 kennels in the structure. SITE SIZE: 5 acres APPLICANT: James Hemphill RECE~vE~ . ~neecin~ Co~- -3, . y , . . ~ , . ~ . ~ ~ ` , • ~ \ . ~ u ~ _ • . ' ~ L ~ . 5 ~ ~ ~ • \ • J ' 1 o r^ EL.P000 . Q ( ~ N ~ ~ ~ . . . ~ RAI • Q ~ ~ t 41, OAN ~ TP . GD 0 0 w - _j . a W . ~ AUGUSTA re7 1ee ~e9 190 101 ~ ~T~ : 18a I8S 186 ~ 19 • ~ 1viJI MAx W E L. L A'f kGr'ten oG rc s Sc! + Q ~ oC (LI+ernt~tcrr) Lt ~ v 0 Z ■ L _ i ~ e ~ s w O p N E 8. - ~ , DOQN E n . • !ypONE MET \ '.x"~~ Nt1 c AVE. a ~ . . ~ ! iNTER-STATE NIGNIKAY N= 90 v ' V E ` ~-ir~ct R(. . g q ~c ' ~ . . r .:I ` ~ r ) - r~""j ~ r rj~J I K ' 66 ~ . . Po P . r~ ~ ~ i _ L .205 - ' Y = . ~ . . ► ~ ~ ~ ; ~ v ~Z ~ . "z'• ~ ' ` X T OFFI ~ ~ , , ~.n~ r• ~ 0 ~a M,~►1 N~ V 0~ 00 . ~c z 0 . ~ . ~ ~ • Et .204~ ~ M O tiT . , ~ . 2 NO ~ E' • '4 ~ U Ir 1: 1000 • ~ r c;== N ~ , ' • a WINOY~ / w . / 3 40 . ~ L ,.+u OFFICE OF COUNTY ENGINEER . SPOKANE COUNTY, WASHINGTON Date, April 1 19 86 {nter-office Communication Spokane County Zoning Adjustor Till From Spokane County Engineer Subject Agenda Items Scheduled for Public Hearing April 9, 1986 1. SPE-341-78 Hemphill - See Engineer's comments of February 11, 1986. 2. CUE 6-86 Wilson - Applicant should be advised that an approach permit must be obtained from the County Engineer prior to construction of any new driveway . approaches. 3. VN 10-86 Scott - See attached comments which pertain to the proposed private road access. , 4. CUN-7-86 Scott - Applicant should be advised that an approach permit must be obtained from the County Engineer prior to construction of any new driveway approaches. BMc/lvb _ ~ . ~ . . , . . . , . • ' - SPO KANE COUNTY PLANNING DEPARTMENT APPLICATIONS BEFORE THE ZONIiqG ADJUSTOR/BOARD'OF ADJUSTMENT Certi fi cate of Exerrption ` App1 i catiori ~ N ame o f APP1 i c an t: , ~7 .Street Address: /GZ - Ci ty: State: Zip Code: Phone No. N ame o f P rope rty Owne r(s REQUESTED ACTION(S) (Circle Approp riate Action): Variance(.s) *ondi~tional Use Permit Non,Conforming Lot/Use Othe r: * FOR STAFF USE ONLY * 34 - 7e cF 2 ) CL, 5 Z1. / 7, / Zcn (F ) * * *Ci. te 0 rdi. n an ce Se cti on : 24. zSc.~ 0 d Co de : New Co de : t * *Section JS,~ Townsh1p 25 Range Z~.5 Property Si ze: * * *Existing Zoning: F.L.U.P. Designation: ZI-Z~C"," * U OY. *PSSA: CY~ N UTA: ~N ASA: N Lega1 Checked by: *Hearing Date: Receipt # Existing Use of Prsperty: , Describe Intended Proposal ~ rJ = ~ " ~ J ✓ St reet Addres s o f P rope rty : 4z /.-2 . ~ Legal Descri ption of Property (_Incl ude easement i f appl i cabl e) : . / r-.. . v~. / _ _ a ~ 1~i . _ . . ~ G7 4- C-) C'.Q~ ~ Parcel Source of Legal : Total amount of acjoining land controlled by this owner/sponsor: . What iriterest do you hol d in the prope rty: Please list previous Planning Department actions involving this property: S' rfE. -~q -7 ~ 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 PERMI SION FROM SAID OWNER AUTHORIZING MY ACTIONS ON HIS/HER BENALF IS ATTACHED; AND (3) ~L F THE ABOVE. RESPONSES AND THOSE ON SUPPORTING DQCUMENTS MADE HFULLY A T E B~T OF MY KNOWL EDGE. S i gn e d:/~i~~ . = A dd re s . Phone No. : Date : . NOTARY SEAL: Notary: . J , ~ . Date: , . , . • VARIANCES 1. In view- of the above i nformation, what speci al ci rcumstances (beyond your - control- or acti on ) depri ve you of the same general ri ghts and pri vi 1 eges of . other property owners within the same zone and vi cinity? 2. If the vari ance were grarited, how woul d it affect nei ghboring properties or improvements? B. ONDITI ONAL USES, ZERO LOT LINE, NON-CONFORMING USE, TEMPORARY PERMITS, ETC. ~ 1. Please give a concise explanatiori of the proposal including size, hours of operation, expected traffi c and other features, etc. C. WAIVER Qf VIOLATION ' . H/or wh was the structure established outside the rovisions of Y p the Spokane ounty Zoning Ordinarice? _ ~ D. SIGN-OFF BY COUNTY DEPARTMENTS l. COUNTY HEALTH DISTRICT A prel iminary consultation has been hel d to di scuss ~~prpposal appl i- t has be ~ rmed f requi rements and stan rds , j, ~ C. ~ ;Si . J Aki Alit /f( gnatureate g-o f Wa' ve~ 2. COUNTY ENGINEER' S DEPARTMENT A preliminary consultation has been held to discuss the proposal. The appli- cant has been infornied of requi rements and standards. Lp (Si gnatu (Date) ) (Si gn-off Wai ved) 3. COUNTY UTILITIES DEPARTMENT A p rel i mi n ary con 1 tati on has been hel d to di s cuss the p ropos al . The appl i- nt has been in med of requi rements and standards. % U 0, < ~ 4m gnature) Date (Si gn-off Wai ved) 4. WATER PURVEYOR (if applicable) Name: a The proposal is/is not located within the boundary of our service area. b We are/are not able to serve this site with adequate water. c) Satisfactory- arrangements have/have not been made to serve this proposal. (Si gnature) (Date) (Si gn-off Waived) • . 1 ► r Nf1ME : FILE # : v I. VARIANCES The County 2oning Ordi nance, Section 4.03.020 (64), cl ari fi es that variance is an adjustment made to a"dimensionai" regulation. Websters New Collegiate Dictionary (1979) defines "dimension" as a .measure in one di recti on (and therefore i ncl udes "area" A. State Law (36. 70.020 {14} RCW)... Is the subject property depri ved of privileges corr~nonly enjoyed by other properties in same vicinity and zone and does the vari ance remedy the di fference in pri vi ieges? If so, what pri vi i eges? B. Because of speci al ci rcumstances appl i cable to subject property, incl uding size, shape, topography, location or surroundings, does strict application of the dimensional regui ation depri ve the subject property of ri ghts/pri vi leges enjoyed by other properties in vicinity under IDENTICAL zones? If yes, what speci al ci rcumstances exist? AL--~". C. Wi 11 granting of the vari ance be materi al ly detrimental to publ i c wel fare OR . injurious to property or improvements in the vicinity and zone in which the subject property is located? , . - . • 4 • RYf• , . SPQ KANE COUNTY PLANNING DEPARTMENT • APPLICATIONS BEFORE THE ZONING ADJUSTOR/BOARD OF ADJUSTMENT •Ce rti fi cate of Exerrpti on ` Appl i cati on 34A - 79 Name of applicant: 5 t ree t Add res s: Ok /0( 0-0 City: State: e!-c~ Zip Code: Phone No.:~~.~~~/ Name of Property Owner(s): - ' REQUESTED ACTION(S) (Circle Appropriate Action): Variance(.s~ )~Condi*tional Use Permit Non-Conforming Lot/Use Other: * FOR STAFF USE 0(VLY * * ~h c~ i ~-r c ~..~7 a?+. t Si~C= - 314/- '7' K : l ) rrr,n.e c~ Xd * Ci te 0 rdi n an ce Se cti on :4. 2~. zS~~ Co de : New Co de : * . * *Section J53 Townsh1p Range ~15 Property Size: Sa-t-__ * *E xi 5 ti n Z oni n g g: ~--fv F.L.U.P. Designation: l1 ~ ~ * U *PSSA: CY~ N UTA: rN ASA: OY N Legal Checked by: * *Hearing Date: Receipt # * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Existing Use of Property: , , . Describe Intended Proposal : ;~~'G -•t C:r v,. r- Street Address of Property: ~ Legal Description of Property (Iriclude easement if applicable): Parcel Source of Legal: - Total amount of ac~joini ng 1 and control led by thi s owrier/sponsor: , What iriterest do you hold in the property: Please list previous Planning Department actions involving this property: . I SWEAR, UNDER THE PENAI.TY OF PERJURY, TNAT: (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 AUTHORIZING MY 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 T OF MY KNOWLEDGE. ` % Si gned/:,, ~f,~7 AddresS: --Q ; r ~ ~ l ~ Phone No.: Date : NOTARY SEAI.: Notary: Date: w ~ ' VARIANCES 1. In view of the above i nformation , what speci al ci rcumstances (beyond your control or action) deprive you of the same general rights and privileges of . other property owners withiri the same zone and vicinity? 2. If the vari ance were grarited, how woul d it affect nei ghboring properties or improvements? B. eNDITIONAL USES ~ ZERO LOT LIIVE NON-CONFO , , RMING USE, TEMPORARY PERMITS, ETC. l. Please give a concise explanatiori of the proposal including size, hours of operation, expected traffi c and other features, etc. C. WAIVER Qf VIOLATION ~ . How or why was the structure established outside the provisions of the Spokane 'ourity Zoriing Ordinarice? D. SIGN-OFF BY COUNTY DEPARTMENTS l. COUNTY HEALTH DISTRICT A preliminary consultation has been held to discuss the proposal. The appli- cant has been informed of requi rements and standards. (Si gnature) (Date) (Si gn-off Wai ved) 2, COUNTY ENGINEER' S DEPARTMENT ~A, 1 . A prel i minary consul tation has been hel d to di scuss the proposal. The appl i- cant has been iriformed of requi rements and standards. -'/l ~ Z~ (Si gnatue (Date) (Sign-off Waived) 3. COUNTY UTILITIES DEPARTMENT - A p rel i mi n ary con 1 t ati on h as been hel d to di s cus s the p ropos al . The appl i- rit has been in med of requi rements and standards. gnature) Date (Si gn-off Wai ved) 4. WATER PURVEYOR (if applicable) Name: a The proposal is/is not located wi thin the boundary of our servi ce area. b We are/are not able to serve this site with adequate water. c) Satisfactory arrarigements have/have not beerl made to serve this proposal. (Si gri ature) (Date) (Si gn-off Wai ved) . s ♦ ~ . j b R E C E I P T Date /6', _ _ 1 qS'6 ~ R e c e i v e d F r o m l Address - -i-- ~ Gollars For ; - - _ _ acc OUr,r t,uW pAt° I P.MT l7f r__~~~~~ ----r•.~w:r. - AiCOUNl - 4,Mr f'AIG dV7 BAIaNCE d LIF tr`,,rfR, By-.~ ~ 8K808 0F_PkKLF~,p➢ t~--~.- - - - ~ FLINTLOCK'S KENNEL 617 ~ J. M. OK CAROL A. HEMPHILL I EAST 17505 CATALDO 922-8118 ~ GREENACRES, WA 99016 24-7038/3230 ~ . o dcrzl' . $ ,~q _ 7p ; - :.~!f-'~~' PAtAR'E AT B i'S7 (N POfi TLANQ. OH E Y OFfICE SPO N ; Ben~. ►,~l 14;D6 prague - P O Box 14288 Franlclin Spotiane, bveshington 99214 ~ i: 3 2 30 70 380i:09 3 0113311,811 0 6 L7 -.OFFICE OF COUNTY ENGINEER ~ SPOKANE COUNTY, WASHINGTON Date, . , _ . , 19 Inter-offite Cornrnunication To.. From . Subject ' •viLi:-~.ls _iLi L 1 c..i. . poaed apartment compleY will generate approximately 195 [0 20[) average weeku_i; i.cle trip end (A.V.W.T.E). This figure is arrived at by utilizing data §~toned by the Iustitute of Transportation Lngineers wllich ia published in .ticir report en[itled "Trip Genergtion." This figure Ys not unreasonable since t takes inta account nce total volumeg of tratiic to be genera[ed by the ,roject. The figure includes trips made Dy delivery and service vehicles, as -.~11 as visitors and guests. A figure of 6.1 A.V.W.T.E represents an "average . . - - . ~ •.!nerated hy 18 units. 'I'his addfCf.4nal traffl.c can be accowtaodated by the oadwayQ fn the neighborhood. However, the increased traff ic will be apparent to xisting reaidents since peak traftfc flows wi.ll occur frotiti 7:00 M1 to 9:00 PM 1d .'t;tln Pm zc, 6:(1(► pr,. Additiortal tr8fffc con:<!Pstion may he experienced at the . . , . . . _ A. i.. t- 1 : . i _ C ) : _ . j , - 1 ..a . . i , i . 1 c . _ . , - • . . . . t t . ~ l_ c_ ~ , . L . proposai, we would request that the applfcant he required to comply Wicri [he ~ ' '-)wing condi tions : , -~emonstr.ato Cha[ legal access to the site over and across che adjoin_ , *-r-•' f •.4 tU the northwest of the prnpogal; ' .,pokAne Gounty Notice to the Public #3 for the acces~: acijoini.t% parce1. This NoLfce providea that Spokane Count}• is nt ~ , ` , . c ! . : , . ; . , . . f . , , , . a 11:,~►,,6 ~ . I . . • . , . . OFFICE OF COUNTY ENGINEER SPOKANE COUNTY, WASHINGTON F'ebruary 14, 1986 DotP 19 Inter-office Communication Spokane County Zoning Ad j ustor To Robert S. Turner, Spokane County Engineer ~ f rom Su6ject Agenda Items Scheduled for Public Hearing 2/26/86 1. CIIN-13-81A Northwood Properties - The County Engineer's office projects that the proposed apartment complex will generate approximately 195 to 200 average weekday vehicle trip end (A.V.W.T.E). This figure is arrived at by utilizing data developed by the Institute of Transportation Engineers which is published in their report entitled "Trip Generation." This figure is not unreasonable since it takes into account the total volumes of traffic to be generated by the project. The figure includes trips made by delivery and service vehicles, as well as visitors and guests. A figure of 6.1 A.V.W.T.E represents an "average number." The maximum number of trips reported is 12.3, while the minimum is 0.5. The projected traffic volumes amount to a 56% increase over that which w+ould be genera[ed by 18 units. This additional traffic can be accommodated by the roadways in the neighborhood. However, the increased traffic will be apparent to existing residents since peak traffic flows will occur from 7:00 AM to 9:00 PM and 4:00 PM to 6:00 PM. Additional traffic congestion may be experienced at the intersection of Shasta Way and North Wall Street. In addition to the "Conditions of Approval" which are presently applicable to this proposal, we would request that the applicant be required to comply with the following conditions: A. Demonstrate that legal access to the site over and across the adjoining . parcel which lies to the northwest of the proposal; B. Sign and record Spokane County Notice to the Public #3 for the access across the adjoining parcel. This Notice provides that Spokane County is not responsible for construction and maintenance of the private access; and C. Submit for review and approval by the County Engineer and County Planning Department a parking plan and traffic circulation plan. 2. CUE-39-85 P.N.B. - See attached comments. 3. SPW-7-78A Blocher - No comment concerning this application. 4. VN71-85 (B&C) - Rainier Financial Services - See attached comments. 5. SPE-34A-78 Hemphill - See attached comments. ~ 9 ' • , , . OF F[ CE: Uf COUNTY P.Nt: I NF:ER SPUKANE COUN'fY, WA5HINGTON ' ..._.t t(1: Six,k.iiit (a+ii>>i v f' 1.innin}: (ep.ir t invii[ ~ FxOri: G)iinfy F:iighieor'ti 11ep.ircmerir SUF3 i F:Cf : Ct)nd{t toii` (iF , . . , -y~imh~~► . _ SRL'- " 3V).:7e . App 1 i c•an r'q N.imt~ ern h lt S~~c~t io~n 16 TowTisl~tp Z5~N,~ K-itike qS EGJM Plarnm i- c he fn11ow1nR "cond iC[c>ns f ~t ppr(iva l" for tht• a N►ve-rafereiireci z,►--,----olwi-f+gr-ace FubmtttPCl Co . for inc•liitiion in t1ie staf f inalystF artd f lndings and order" uf th(c he►ar lnR r:rhieduled ZiP. 196b. "rioc To The Ieeuance O.f A Building Peroit ) A p p 1 1 c a nt s'h a 1 1 de d i c a t e lO f e e[ on Crslvn~\tt ( t-, c N t'~z ~ t: ~eti,• (2~., raci~ foc ciKht-of-way prior tu aity use of [he property. ` . Applicant sfiall dedicate Eeet on • for right-vf-way anci slope easemeiits as necessary priuc to any use of the proper[y. ~ . Applicent shall dedicate a foot radius on and pc iur (o any uee of t iie pro pec c y. . Applfcan[ ahall dedicate feet on and a fooc raJitis on and foc rigt►[--of-way prioc [o eny tiaP of [he propet[y. . AcceRa permits Eor srnroaches to the County Rn.id Syatem shall he oDtained from the Spokane County Eiigineer. . AcceRa pecmita and fmprnvementF to a+udt br alipcoved by the WaRhing[on Dep,+rtment of TYanspor[acion. . ACCPAR permits and improvemen[s tn mue( he approved ~ by t he Ci ty o E . ~(a) Applicant Rfiall ;Uk i~ 8 MArinec caneietent with Spokane Cnun[y TYPiCAL roadway secCiart No. a minimtim peving vlcith_kcf-.el~ r.~.tG1, (b) Arplicant shall improve ~ !n e manner Cnr181HCPi1[ with SEx)kaiie Cnunty TYPICAL roadway Fection No. minimum ravinR width~ . (c) App11can[ shell imprnve '--in a ewiirier e►rieisrenc wlttt tipokAtie ('.oiiriCy TYP[CAL ro~a(lway Ror[ tnri f~c). miit lmtim pnvt►ig w1i1th ! . (d) Applican[ qFiall tmprnve _ __~_li1 m.1nn~~r cv~~iKlKtt•nt with tiiw) katir (:t~unty TYP[CAL. r~~adw,~y St-rti~~ri F3~). int~llmiim pavin}; wftffl► ~ . ( e ) f ) C I t e a p e C f F 1 c 1 i n pr t, v 4-rn eiit ApI)l 1,'.1f1t ^•h.i I I .01fJ1f t I•l1 .jjt(lfl►:'.lI hV 1 :1" -G Illt` ('i1 111►( y {'i111`I•t' ►t►.I(1, lit.1I 1111P.0', llrlO a~re•i-: pI.iiir; pr lor r,► r)i,, !'."Wiiif roil i hii I I I hi}, porm1 t~,n t tir pi c,~lot l v. 1. Thr ;tp`,l Irnnr tih {~.~~I~~~~f I flir ►I'!'t,►vi1 hv ll1, 4.11-14,111C. (",1111tV F11);111el•t Cl-1mrV Hl`:1 ~ th D1,:1 f 11 r 1 Is-f 1lli'11 ~~~il~~~ ~1~•~~ 4111-ti I(f• ~:~'~J.ij!~• •:y',1 #'fil I'l1n `.iii t If WFIt/'1 df 4pr)-:;iJ (~~.~r~ I ~~t I li~ ~ ~~f ; ~v ~~t'~~ ~~~i t ~~►r f., 1 Iw r►f ~~iv liiiI I I I nt, ;ivt' in) t~irt f ho pr f►ju- r t y. _ " . ..-+~.w+.www MY +sf• 4.44~Wi~~. ~JNMMY'MMMO - ~ , r , . . , 'dE;r L 1. Ap,i r I.1 n~; I.iii at i.t <<.i 1 t 1t• i r t•u I.t t lor► 1) latt »lia l I ht- ~:iii,in 1[<<-,1 it i. I a p I►t , o vt•d hy Clte 5po ka ii4- (i,iuI ly ktiKii+cer pt 1or [4► Che iSr;u."tCe uE .i hi,lld iliF, j)-vrm1t ()1► Clic pri,peCty. TI►k! <iesign, I„ca[t,ln, n1141 .irtalil;emeni oE pal kliig sCaI1s sliall te In ac•coi ciaiire w1Lti sta(idacd t ra f f lc rnglneer 1 iiX pr.ic.t 1 ec-s. l'.lvliig ur Lur f.ic1 ng apE)roved hy t tit- (;uunty N:ngineer, , wl 11 he requfred tor aiiy 1w,cCiun uE Clie 1)rujec[ wltlclt is tu be occ~spied uc trevelled by vehicles. . The wurJ "appllcant" shall liiclticle [tie owiier or uwiiery uf che pruph:rcy, tiib heirs, J aesigiis, atid suc:cesgurs. ~ To cunr:truct the- road 1mpruvecnents sta[t-c1 hrreici, tl» applicaiit may, w1Ch the approvel uf [he Cuunty Engineet, juin in and be a wiliing participan[ in a<<y peCitton or resolution whicti p„rpose is tiie furmacion of a Road impruvement DiKtrict (Kll)) fur said ln)provement purbuant to 1tCW 36.88, as amenJed. SWkane Wunty will ~to[ pectic:iNdte in cvst of these improvements. As an al[ecnHtive method of co«stcuctlnK tfte road iroptuvement s[ated hcrein, the appli- cent may, with the approval of the G>un[y Engineer, acCOmpliBh the road improvemente sta[ed hereiri by ,juininK ari(i partieipa[inK in a Coun[y Koad Prc,ject (CKY) cu tfie extrn[ of the required road improvemen[. Spokane Couiity aill not par(iclpate in tle coet of theee improvements. • S. The cunsCruction of [he- roact tinpruvenletits statEd t*-rein shdll be uccomplighed ae ap- proveci by the SNk,ane CounCy Engineer. ~ All required improvematitd shall aniiform ti) Che current State Ot W<<shingcon 5tandard ~ Specificatiuns fvr R.uad ai►J 8ridge 'Con&Lructioi►, encl other arpticAbie cuu<<ty atftndards and or adopted resolu[ione pectaining tr) FZaad St.zndxrde Atid SturmwA[er MHnagemu-nt in effect at ttte da[e of cunetruction, unleas o[hervlee approved by tlle Cuwity Engineec. 1. Appllcant shall file a petition for Che vacetion of priur to eny use of Che pruperty. 8. Appltcent ehall conetruc[ a paved a«d d411cieHtrd eccetis 3ppcoach(g) to meet the existiny, ~ pavemen[ on • 9. Access to Ftvad Kha11 br prohi bi Ceci unc i 1 eucli t iine es apecif icelly authociltd by [he Spokane Cuun[y tngineer. rl Roadway standarJa, typical ro,advay sectlons a~id cirainaKP plAn rrqtiirementa are fouiid in Spokene Board of Cc?ucity (:unimisKiuners Rkeulutlon fi). 80-1592 as aioviidNd ond are applieable Cu th is p rupasa1. l. Th18 plat vt develeypmt•t►[ prtip+)Hal is toc•iCecl wi ttiin A cirHinaKe hacilii utiich tiHd been identiEied by the Sp,kane (:vunty Engineer'e UfEice ae Iieving eturmwacer runofE pcobtems. Sinr_e (liiR plat ur develcipment prupoy:+l iti nffectr(f by or is » ct►ntrthutor to etormvgter flows, proper[y nwiiers sluotild pxrtlclpxte lt► tfle rl+jill►1liK Hnd lmpleineiltatlon of e ftiturr bReinwftle sCorowater n"+i.oKeine>>t yytttem. 1he foi lnwfnK "G)ridit toli uf Appruval" ehall M• req>>irecl: T1iat [iie! uwiiec(s) ot %licceHsc,r(F) !n incere%c .iKrer tu jolll In ui►y G)ullCy approved S[ocmwaLrr M-itiag«-ment 1'r.,}{rt+m and t-► pay stirh ratN-4 arid ( liary{es irt miy be f lxed [liroughi puhlir. 1►earltigs fur servire uc htiirfJt ~)htaliivJ l►y ttie plariiiinK, deKtgn, Cuii- ~ d[ruc:tlriK, ma{ntr+ininK, c~~ ~operac ton ot sLo► ma•Hter cuot ro1 tH. 11 itleh. ~ ll/4 ~ ~ ~ ~ r , . ~ I 4