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WVE-18-86 06 -ZS-`1S Y ~ ' ZONING ADJUSTOR SPOKANE COUNTY, WASHINGTON IN THE MATTER OF A WAIYER OF VIOLATION ) . REGARDING A FLANKING STREET SETBACK. ) FINDINGS, CONCLUSIONS (WVE-18-86); CHARLES P. DUPONT ) AND DECISION SUMMARY OF APPLICATION: The applicant began construction of a two-car garage within 40 feet of the centerline of the fianking street before being "red-tagged" by the Department of Building and Safety. Section 4.04A.090 A.3, of the Spokane County Zoning Ordinance requires a 45 foot flanking street setback from the centerline of the roadway. Authority to consider and grant such a request exists pursuant to Section(s) 4.25.030 f, of the Spokane County Zoning Ordinance. LOCATION: The northeast corner of Maxwell Avenue and Arc Street. The Assessor's Parcel # is 18552-3405. DECISION OF THE ZONING ADJUSTOR: Based upon the evidence presented and circumstances associated with the project proposal, the Zoning Adjustor APPROVES the Waiver of Uiolation, conditioned as stipulated hereinaf ter. PUBLIC HEARING: Af ter 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 August 11, 1986, rendered a verbal decision on August 11, 1986, and a written decision on August 18, 1986. , , . FINDINGS OF FACT 1. The proposal is located in the central Spokane Valley on the northeast corner of Arc Street and Maxwell Avenue, south of Mission Avenue and east of Flora Road and is further described as Assessors Parcel #18552-3405, being more completely described in Zoning Adjustor File WVE-18-86. 2. This case involves the construction of a two-car garage at a location 40' from the centerline of Maxwell Avenue, whereas the Zoning Ordinance requires such a garage to be located 45' from the centerline of Maxwell Avenue. The footings, foundation and frame walls had been erected when the project was stopped by a building inspector. The app]icant was then brought into the Waiver of Yiolation procedure and has submitted the application to a11ow the existing construction to remain and to complete it as consistent with plans and drawings located in the Planning Department fi1e. 3. The adopted Spokane County Future Land Use Plan designates the area of the proposal as URBAN and the proposal is consistent with the County's entire Comprehensive Plan, including the Future Land Use Plan. 4. The site is zoned R-1 which would allow the proposed use upon approval of this application. 5. The existing land uses in the area of the proposal include the other 12 lots of the five acre Kriken-Guthrie Addition as well as generally small acreage tracts ranging from 2 acres to 5 acres in the irrunediate surrounding area. Most of the lots in the subdivision have houses located on them, all of which houses have no garages. A11 of the houses do however have a concrete car park pad next to the house and a driveway. 6. The subdivision is one of minimal size R-1 lots and contains housing which has obviousTy been constructed with the beginning homeowner in mind in that there are no garages provided. . ' FINDINGS, CONCLUSIONS AND DECISION FILE WVE-18-86 PAGE 2 7. The applicant stated that it was his intentivn to have the garage inspected after it was constructed and that he was unfamiliar with the local building laws which require that an application be made prior to starting construction. The applicant is a former resident of rural Pennsylvania and claims to be unaccustomed to such a building permit process for what he considers an accessory structure to the single family dwelling. The applicant also claimed that the contractor, a Mr. Guthrie, advised him that he (Guthrie) could have constructed a two-car garage addition for him if he had wished to h i re h im for that purpose. Therefore, the app 1 i cant f e 1 t conf i dent that a two-car garage would be allowed and that he would so construct it and to have it inspected. 8. Upon questioning as to what specifications he would construct the garage i f he was to 1 ater have i t nspected f or comp 1 i ance wi th "spec i f i- cations", the applicant replied that he did not know what specifications to which he should be constructing and that he did not have very much construction experience. 9. The applicant admitted that he had erred and that he was not making an excuse for his ignorance of the law. Ne did, however, state that immediately upon learning that he was in violation he ceased construction and placed his order of roof trusses on hold. The roof trusses were scheduled to be delivered the day after the project was stopped by the Department of Building and Safety. The applicant has complied with all the requests of the Planning Department, including preparation of more specific elevations and a site plan for the property. 10. The unique situation of a flanking street setback does reduce the effective use of a corner lot once a builder has aribitrarily placed a dwe-lling unit on that property. The applicant's lot is approximately 87 f eet wide, whereas the non-corner lots of the subdivision are for the most part 80 feet wide; thus suggesting that the applicant's lot is wider. However, when one appl ies the flanking street setback, the effective bui lding width for a lot for a two-story house becomes only about 57 f eet (87 feet minus a 10 foot side yard minus a 20 foot ; . flanking street yard). ~ „ 11. The intrusion by approximately 5 feet of the,garage into the flanking street yard will have no apparent deleterious impact on the neighborhood. Although, the dwelling units on the northwest and southwest corners of Arc Street and Maxwell Avenue may also be in a similar predictament to the applicants, in that the placement of their respective houses on the lot may otherwise prohibit construction of a two-car garage without obtaining a variance. The granting of this Waiver of Violation is not intended to estab 1 i sh any precedent for or be an act of support for any app 1 i cati ons f or variances. 12. Its appropriate for the Planning Department to file a Title Notice which clarifies that a Waiver of Violation has been granted for this otherwise illegal structure. 13. The public hearing for this item was inadverently scheduled at the same time, place, date and hearing room as the regular meeting of the Spokane County Boundary Review Board. Consequently the meeting location was changed to the Board of County Comnissioners Assembly Room and appropriate.sigp.s were posted at the advertized hearing room space and in other locations in order to direct persons interested in this case to the relocated hearing. 14. The proposal is exempt from the provisions of Chapter 43.21C RCW pursuant to WAC 197-11-800 (1) (c) and Spokane Environmental Ordinance 11.10.070 (1) (a).. 15. 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. 16. No one appeared to oppose the proposal nor were any written comments adverse to the proposal received. 17. The proper legal requirements for advertising of the hearing before the Zoning Adjustor of Spokane County have been met. FINDINGS, CONCLUSIONS AND DECISION FILE WVE-18-86 PAGE 3 18. The Zoning Adjustor has the authority to hear and decide Waivers of Violation, subject to conditions and safeguards as may be provided by the Zoning Ordinance. It would be appropriate that any reconstruction of this garage be prohibited in the event of its partial or total destruction unless a variance is obtained. 19. The remaining construction shall be of a high quality and compatible with the existing structure. 20. 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 l. The proposal is not detrimental to and is compatible with the public health, safety and welfare. 2. The project was erected in good faith and with every intent to comply with the provisions of the Spokane County Zoning Ordinance. 3. Whi1e the project does not comply with every detail of the provisions of the Spokane County Zoning Ordinance, the project does not violate the sp i r i t or i ntent of the ord i nance . 4. Any finding hereinbefore stated which may be deemed a conclusion herein is adopted as such. DECISION From the foregoing Findings and Conclusions, the Zoning Adjustor APPROVES the application. The following CONDITIONS OF APPROVAL ARE STIPULATED. ~ CONDITIONS OF APPROVAL ~ I. GENERAL l. The following conditions shall apply to the applicant, owner and successors in interest. 1 2. The Building and Safety Department shall assist in coordination of this decision by routing building permit application(s) to the various departments which participate in or take actions to ensure that various required written documents have been executed and filed. 3. If for some reason this garage structure is damaged or destroyed by any cause in an amount equal to or greater than half the replacement value of the total garage, it shall not be permitted to be reconstructed in violation of the Zoning Ordinance setbacks at the time. Rather, any such construction shall be done consistent with the Zoning Ordinance standards, unless a variance has been properly obtained. The garage shall arso not be added to in the f uture in any fashion which places construction in any of the required yard areas. - II. PLANNING DEPARTMENT 1. A statement (Title Notice) shall be recorded by the Planning Department in the County Auditors Office describing the nature of this Waiver of Violation in order to assist in the title for the property remaining unclouded. III. DEPARTMENT OF BUILDING & SAFETY 1. The Building and Safety Department shall assist in coordination of this decision by routing building permit application(s) to the various departments which participate in or take actions to ensure that various required written documents have been executed and filed. • ' FINDINGS, CONCLUSIONS AND DECISION FILE WVE-18-86 PAGE 4 2. A building permit shall be obtained for the garage and construction shall be consistent with all applicable codes. 3. As nearly as possible the garage shall match the construction of the existing dwelling unit with regard to siding, roofing, roof pitch, trim and paint. IV. UTILITIES DEPARTMENT 1. None is applicable. V. HEALTH DISTRICT 1. None is applicable. VI. ENGINEER'S OFFICE 1. None is applicable. DATED THIS 18th DAY OF August, 1986. ~ RJi. ~ ~ homas G. Mosher, AICP oning Adjustor, Spokane County iZ . Washington FILED: 1) Applicant 2) Parties of Record 3) Spokane County Effigjneers Of f i ce ' 4) Spokane County Heartth District ~ 5) Spokane County Utilities Dept. 6) Spokane County Dept. of Building & Safety NOTE: ANY PARTY AGGRIEVED BY TNIS DECISION MUST FILE AN APPEAL WITHIN TEN (10) CALENDAR DAYS OF THIS DATE. t 0094Z/8-86 t -o i •-1 ZONING ADJUSTOR SPOKANE COUNTY, WASHINGTON IN THE MATTER OF A WAIVER OF VIOLATION ) REGARDING A FLANKING STREET SETBACK. ) FINDINGS, CONCLUSIONS (WVE-18-86); CHARLES P. DUPONT ) AND DECISION SUMMARY OF APPLICATION: The applicant began construction of a two-car garage within 40 feet of the centerline of the flanking street before being "red-tagged" by the Department of Building and Safety. Section 4.04A.090 A.3. of the Spokane County Zoning Ordinance requires a 45 foot flanking street setback from the centerline of the roadway. Authority to consider and grant such a request exists pursuant to Section(s) 4.25.030 f. of the Spokane County Zoning Ordinance. LOCATION: The nbrtheast corner of Maxwell Avenue and Arc Street. The Assessor's Parcel # is 18552-3405. DECISION OF THE ZONING ADJUSTOR: Based upon the evidence presented and circumstances associated with the project proposal, the Zoning Adjustor APPROVES the Waiver of Violation, conditioned as stipulated hereinafter. PUB-LIC HEARING: Af ter 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 August 11, 1986, rendered a verbal decision on August 11, 1986, and a written decision on August 18, 1986. ~ ~ . FINDINGS OF FACT 1. The proposal is located in the central Spokane Valley on the northeast corner of Arc Street and Maxwell Avenue, south of Mission Avenue and east of Flora Road and is further described as Assessors Parcel #18552-3405, being more completely described in Zoning Adjustor File WVE-18-86. 2. This case involves the construction of a two-car garage at a location 40' from the centerline of Maxwell Avenue, whereas the Zoning Ordinance requires such a garage to be located 45' from the centerline of Maxwell Avenue. The footings, foundation and frame walls had been erected when the project was stopped by a building inspector. The applicant was then brought into the Waiver of Violation procedure and has submitted the application to a11ow the existing construction to remain and to complete it as consistent with plans and drawings located in the Planning Department file. 3. The adopted Spokane County Future Land Use Plan designates th~e area of the proposal as URBAN and the proposal is consistent with the County's entire Comprehensive Plan, including the Future Land Use P1an. 4. The site is zoned R-1 which would allow the proposed use upon approval of this application. 5. The existing land uses in the area of the proposal include the other 12 lots of the five acre Kriken-Guthrie Addition as well as generally small acreage tracts ranging from 2 acres to 5 acres in the imnediate surrounding area. Most of the lots in the subdivision have houses located on them, all of which houses have no garages. Al1 of the houses do however have a concrete car park pad next to the house and a driveway. 6. The subdivision is one of minimal size R-1 lots and contains housing which has obviously been constructed with the beginning homeowner in mind in that there are no garages provided. ` ` . FINUINGS, CONCLUSIONS AND DECISION FILE WVE-18-86 PAGE 2 7. The applicant stated that it was his intention to have the garage inspected af ter it was constructed and that he was unfamiliar with the local building laws which require that an application be made prior to starting construction. The applicant is a former resident of rural Pennsylvania and claims to be unaccustomed to such a building permit process for what he considers an accessory structure to the single family dwelling. The applicant also claimed that the contractor, a Mr. Guthrie, advised him that he (Guthrie) could have constructed a two=car garage addition for hirn if he had wished to hire him for that purpose. Therefore, the applicant felt confident that a two-car garage would be allowed and that he would so construct it and to have it inspected. 8. Upon questioning as to what specifications he would construct the garage if he was to later have it inspected for compl iance with "specif i- cations", the applicant replied that he did not know what specifications to which he should be constructing and that he did not have very much construction experience. 9. The applicant admitted that he had erred and that he was not making an excuse for his ignorance of the law. He did, however, state that immediately upon learning that he was in violation he ceased construction and placed his order of roof trusses on hold. The roof trusses were scheduled to be delivered the day after the project was stopped by the Department of Building and Safety. The applicant has complied with all the requests of the Planning Department, including preparation of more specific elevations and a site plan for the property. 10. The unique situation of a flanking street setback does reduce the effective use of a corner lot once a builder has aribitrarily placed a dwe-lling unit on that property. The applicant's lot is approximately 87 feet wide, whereas the non-corner lots of the subdivision are for the most part 80 feet wide; thus suggesting that the applicant's lot is wider. However, when one applies the flanking street setback, the effective building width for a lot for a two-story house becomes only about 57 feet (87 feet minus a 10 foot side yard minus a 20 foot 'flanking street yard). • ~ 11. The intrusion by approximately 5 feet of the.garage into the flanking street yard will have no apparent deleterious impact on the neighborhood. Although, the dwelling units on the northwest and southwest corners of Arc Street and Maxwell Avenue may also be in a similar predictament to the applicants, in that the placement of their respective houses on the 1ot may otherwise prohibit construction of a two-car garage without obtaining a variance. The granting of this Waiver of Violation is not intended to establ ish any precedent for or be an act of support for an,y app l ications for variances. 12. Its appropriate for the Planning Department to file a Title Notice which clarifies that a Waiver of Violation has been granted for this otherwise illegal structure. 13. The public hearing for this item was inadverently scheduled at the same time, place, date and hearing room as the regular meeting of the Spokane County Boundary Review Board. Consequently the meeting location was changed to the Board of County Comnissioners Assembly Room and appropriate_sigps were posted at the advertized hearing room space and in other locations in order to direct persons interested in this case to the relocated hearing. 14. The proposal is exempt from the provisions of Chapter 43.21C RCW pursuant to WAC 197-11-800 (1) (c) and Spokane Environmental Ordinance 11.10.070 (1) (a).. 15. 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 recomnnendations. 16. No one appeared to oppose the proposal nor were any written comments adverse to the proposal received. 17. The proper 1 egal requ i rements f or advert i s i ng .of the heari ng before the Zoning Adjustor of Spokane County have been met. j ~ - FINUINGS, CONCLUSIONS AND DECISION FILE WVE-18-86 PAGE 3 18. The Zoning Adjustor has the authority to hear and decide Waivers of Yiolation, subject to conditions and safeguards as may be provided by the Zoning Ordinance. It would be appropriate that any reconstruction of this garage be prohibited in the event of its partial or total destruction unless a variance is obtained. 19. The remaining construction shall be of a high quality and compatible with the existing structure. 20. 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 l. The proposal is not detrimental to and is compatible with the public health, safety and welfare. 2. The project was erected in good faith and with every intent to comply with the provisions of the Spokane County Zoning Ordinance. 3. While the project does not comply with every detail of the provisions of the Spokane County Zoning Ordinance, the project does not violate the sp i r i t or i ntent of the ord i nance . 4. Any finding hereinbefore stated which may be deemed a conclusion herein is adopted as such. DECISION From the foregoing Findings and Conclusions, the Zoning Adjustor APPROVES the application. The following CONDITIONS OF APPROVAL ARE STIPULATED. ~ °CONDITIONS OF APPROVAL ~ I. GENERAL l. The follvwing conditions shall apply to the applicant, owner and successors in interest. 1 2. The Building and Safety Department shall assist in coordination of this decision by routing building permit application(s) to the various departments which participate in or take actions to ensure that various required written documents have been executed and filed. 3. If for some reason this garage structure is damaged or destroyed by any cause in an amount equal to or greater than half the replacement value of the total garage, it shall not be permitted to be reconstructed in violation of the Zoning Ordinance setbacks at the time. Rather, any such construction shall be done consistent with the Zoning Ordinance standards, unless a variance has.been properly obtained. The garage shall also not be added to i n the f uture i n any f ash i on wh i ch p 1 aces construct i d i n any of the required yard areas. , II. PLANNING DEPARTMENT 1. A statement (Title Notice) shall be recorded by the Planning Department in the County Auditors Office describing the nature of this Waiver of Violation in order to assist in the title for the property remaining unclouded. III. DEPARTMENT OF BUILDING & SAFETY l. The Building and Safety Department shall assist in coordination of this decision by routing building permit application(s) to the various departments which participate in or take actions to ensure that various required written documents have been executed and filed. FINDINGS, CONCLUSIONS AND DECISION FILE WVE-18-86 PAGE 4 2. A building permit shall be obtained for the garage and construction shall be consistent with all applicable codes. 3. As nearly as possible the garage sha11 match the construction of the existing dwelling unit with regard to siding, roofing, roof pitch, trim and paint. IV. UTILITIES DEPARTMENT 1. None is applicable. V. HEALTH DISTRICT 1. None is applicable. ~ VI. ENGINEER'S OFFICE 1. None is applicable. DATED THIS 18th DAY OF August, 1986. / homas G. Mosher, AICP ioning Adjustor, Spokane County . Washington FILED: . 1) Applicant 2) Parties of Record 3) Spokane County Erigi neers Off ice ' 4) Spokane County Health District 5) Spokane County Utilities Dept. ~ 6) Spokane County Dept. of Building & Safety NOTE: ANY PARTY AGGRIEVED BY THIS DECISION MUST FILE AN APPEAL WITHIN TEN (10) CALENDAR DAYS OF THIS DATE. t 0094z/8-86 . - INT$ROFFICE MAIL SPOKANE COUNTY ZONING ADJUSTOR , GARY NELSON, ENGR. OFFICE PUBLIC HEARING AGENDA: August 11, 1986 (Monday) TELEPHONE NO.: (509) 456-2205 TIME: As set forth below; hearing opens at 1:15 p.m. PLACE: Spokane County Planning Department N. 721 Jefferson St., 2nd floor hearing room Broadway Centre Bldg. Spokane, WA 99260 APPLICATIONS WILL BE"NEARD IN THE FOLLOWING ORDER, EXCEP'f THAT ITEMS CARRIEO OVER FROM PREVIOUS HEARINGS WILL BE HEARD FIRST.' LEGAL DESCRIPTIONS AND PROJECT DETAILS FOR THESE PROJECTS ARE AVAILABLE IN TNE PLANNING DEPARTMENT FILES. r ~l. WVE-18-86 ~ WAIVER OF VIOLATION FOR A FLANKING STREET SETBACK (This item will be heard at 1:15 Located on the northeast corner of Arc Street and p.m. or as soon thereafter as Maxwell Avenue in the NW 1/4 of Section 18-25-45. possible) PROPOSAL: The applicant requests a Waiver of Violation (Section 4.25.030 f, of the Spokane County Zoning Ordinance) to allow an attached two-car garage to be located 33' from the centerline of Maxwell Avenue, whereas Section 4.04A.090 a.3, of the Zoning Ordinance requi res a 45' setback from the center- line of the roadway right-of-way (Maxwell Avenue). SITE SIZE; 8,000 sq. ft. (approximately) ApPLICANT: Charles DuPont 2. VE-87-86 RELAXATION OF ROAD FRONTAGE REQUIREMENT CThis item will be heard at 2:00 Gener.ally located south of Saltese Road and p.m, or as soon the reafte r as weste rly of Linke.Road in the NE 1/4.of Se ction possi ble ) 31.=25-45 . . PROPOSAL: To a]low a single family residence to be located on a parcel of land having 0' of County road frontage, whereas Section 4.04.040 of the Spokane County Zoning Ordinance requires 100' of continuous public road frontage in the Agricultural zone. Access is proposed by means of a 30' wide easement road extending weste rly to the site from Linke Road. SITE SIZE: 14 acres APPLICANT: Gunther and Maureen Geittmann -1- continued OFFICE OF COUNTY ENGINEER SPOKANE COUNTY, WASHINGTON . pa=P July 31 19 86 Inter-office Communication To Spokane County Zoning Adjustor from Spokane County Engineer Su6ject Aeenda Items Scheduled for Public Hearing August 11, 1986 1. WVE 18-86 DuPont - We have no comments concerning this application. 2. VE 87-86 Geittman - Parcel #2 is served by a private road easement which extends from the existing private road over and across Parcel #1. Applicants must sign and record Spokane County Notice to the Public #3 which acknowledges that the County is not responsible for construction and maiatenance of the private road. See attached comments which pertain to the private road. 3. CUE-18-86 Macon Corporation - We have no comments concerning this application. 4. VE 88-86 Weilep - We have no comments to make concerning this application. 5. VS 89-86 Ritland - Subject parcel is served by a private road easement which ac- cesses the Cheney-Spokane Road. See attached comments which pertain to that pri- vate road easement. BMc/lvb ` ~p' ' ~ ~ ~ f 5 ~ k4 ~ ► • . j ~ ~ - - - . _ 0 M~ ~ 1 n .s7~ 0 3 174 175 I 77 176 179 180 18 ~ ...i ' - Q u ~ ► LC Maxwell ~ 0 6L e ~s z BpON E s'C WVEm w - - . - \ r. , 6r po0 N t • . 'r7H E 7 Cc C IrA ~ • ~O AVE. . . . . 'i•_ _ v 1 NTE R-STATE N IGNvN~1Y N° 90 E. 13 ' - - - - . v 1 ~ a•, ~ ~ - K , m . ~aLLLw~ j ~ r - ~ - - - + ST OFFt w^v= V M~►IN = v ~r'7". Y Z - r 0 o¢o I . v . V , , ~ ~ _ . - E L ~ ' . / ~ r EL. 104 ~ R R 1:1000! ~ 'c M . S r. P P . : - - 1 ( _ r--_ . - - . ' ` N ° dt IE ~ \ 0 ` i 4A. . ~ \ a: . . ~ i ~ .s SPOKANE COUNTY pLANNING DEPARTMENT APPLICATIONS BEFORE 7HE ZONIhIG ADJUSTOR/BOARD OF ADJUSTMENT Ce rti fi cate of Exempti on . Appl i cati ori Wl/ F-- /'9-n. N ame o f Ap p 1 i c an t: 0 ►+,4R LES ~WFOtJ`r Street Address : 1411., k2e d5,r . Home : 0?-8 City: C~QC~lAe~s State: WA Zip Code: 4q 0C4a Phone:Work: 9,x4- _(OOb N ame o f P ro pe rty Owne r( s): e pb ckF>o NT_ REQUESTED ACTION(S) (Circle Appropriate Action): ance(` ditional Use Permit Non-Conforming Lot/Use CWai yer o f Viol ati.on orary Use/Structure Other: * * * FOR STAFF USE ONLY * * * *Cite Ordinance Sectlon: 096(;~?Ol d Code: ~ New Code: t * * *Se cti on Towns hi p2S Ran ge P rope rty Si ze : t * * *Existing Zoning: F.L.U.P. Designation:.41A, t * ~ * *PSSA: p N UTA: 49 N ASA: .Q_N FIRE DIST.:~ LEGAL CHECKED BY. * * * *Nearing Date: Stafif taking iri Application: oa, * * * * * * ~ * * * * * * * * * * * * * * * * * * ~ * ~ * * * Existing Use of Property: I-VING ACcoNtoDArTtWS MLy. ; Des cri be Intended ~~roposa~• 1 N ~1Ttc~nD ~'ro t.1 V ~ NU ~4c,~LITI cS 3 CON~'r'~e-t~c-T A -f W o (!Ae GA-R~ ffi' kR Two A-Y"a ti1~,.4J='S ~~agee~>e Q `'v I~ • 4-oR 5-ra~~ SBLC_~F, . 'y-t 5 ts NEEbC-b 1;&cAu " T_~+~~.LflrvtE ~4 S ~~M&~ i A-- i- ~M~ je-oo ~ F3E~2mdu ~ (t1k~lUGr+7 )foQ t~PD tTTbN h~c.- Tz oo rvkS - L1 ~ lNG A+e6 Nl G Street Address of Property: 04azG 35r. Legal Oescri ption of Property ( Incl ude easement i f appl i cabl e) :k0CKerN-GuT-1i2t-E ADf11'rI01~1 . AA~;Sa5Q~o R- ?iiZcC-Z ~3uA8S-12 : ( 8!553- - 3405 . , t.oT o , 5. t .o c.~. I . ~N c=~~-R • l'c' pntf oF i-o-r 137 / . ~ /~~-r~~,.~ : ~ . q Z~ • `~ttF~K~ ~ ~ ~~5~-M ~ i (_~s7D~ D,Q,4t N R ~ c ~ 7' 1 N A-~~1~'I o N ~ ~ov ~ ~ r IL~►JS~ o I~S . , Parcel . Ia,552, - 34OS Source of Legal : Total amount of adjoining land controlled by this owner/sponsor:. C~ r What iriterest do you hold in the property.: . Please list previous Planning Department actions involving this property.: ~4 ONc I SWEAR, UNDER THE PENALTY OF PERJURY, TNAT: (1) I AM THE OWNER OF RECORD OR AUTHORI- ZED AGENT FOR THE PROPOSED SITE; (2) IF NOT TNE OWNER, WRITTEN PEDtISSION FROM SAID OWNER AUTHORIZING MY ACTIONS ON HIS/NER BEHALF IS ATTACHED; AND (3) ALL OF THE ABOVE RESPONSES ANO THOSE ON SUPPORTING DOCUMENTS ARE MADE TRUTHFULLY AND TO THE BEST OF MY KNOWL E . ~~y PA signed: ~ Add res s: , 5-r •GfimwAca&s :wA• 990 c~ l A''~ Date: Phone N SJ NO 1 NQta~ . ~ ~ jn Date: n vu~ C ~ • r t;'T C•°.; ~ `~Q;• ' r~•~ ~ . A. BURDEN OF PROOF - It is necessary for the applicant or his/her representative to establish the reasons why the requested proposal shoul d be approved and to 1 i teral ly put forth the basi c case. Accordi ngly, you shoul d have been gi ven a form for your requested acti on ( vari ance, condi tional use, etc. ) desi gried to hel p you present your case in a way which addresses the criteria which the Zoning Acjustor must consider. P1 ease fi 11 the form out and return i t wi th your appl i cati on. If you di dn't get a form, ask the Planning Department personnel for advice on how to proceed. SIGN-OFF BY COUNTY DEPARTMENTS J~~OUNTY HEALTH DISTRICT A p rel i mi na ry consul tati on has been hel d to di s cus s the p ropos al . The appl i- caAass informed of requi rements arid standards. 79n at u-re- ( Date) " i gn-off Wai ved) 2. COUNTY ENGINEER'S DEPARTMENT A preliminary consultation has been held to discuss the proposal. The appli- can b~en,informed of requi remerits arid standards. S~~gnature re (Date) (Si gn-off Wai ved) 3 COUNTY UTILITIES DEPARTME,NT (Waive if outside WMAB) A p rel i mi na o ul tati on h as been hel d to di s cuss the p ropos al . The ~ pl ic t n inf d of requi ments arid standards. Si nature ate (Si gn-off Wai ved) The applicant is requi red to discuss the proposal with to become iiiformed of requi rements and standards. (Distri ct Si gnature) (Date) (Si g►i-off Wai ved) 4. WATER PURVEYOR (Waive if outside CWSSA) NAME: a) The proposal 1s/is not located withiii the boundary of our future service area b) The proposal is/is not located within the boundary of our current distri ct. c) We are/are not able to serve this site with adequate water. d) Satisfactory arrarigements have/have not been made to s ve 'hiis proposal. (Sigriature) (Date) ( ' n-o f ev ♦ . 04A~c~S NAME : P bupotj-r- FILE II. WAIYER OF VIOLATION (Section 4.25.030 f. of Zoning Ordinance) A. Was project erected in good faith and with every intent to comply with the provisions of the Zoning Ordinance? If so, explain how you exercised good fai th and i ntent and sti 11 ended up i n vi ol ati on of the Zoni ng Ordi nance? No~ FrN+ ~ Y~ c~ Y~ VI'~~CT l~~v Eg.EC'f~D~PhRT1 A'C C..Y 1 N T-4 ~ ~ wcn+ Ev ERn-/ 1 N"z-eN T--m CcMPL✓ 0 Cft4 T~ -z!Sot~ l MG b2D / N A NCE S. 1- fLLVW-b `t4~..T ~,~s -t~ ~r c~.-T~ N ~ u~ N~. UJMt_L.! NG & wc-~ ,rv~c--r. ~E "~D Wr ec-Pru ZE 't14AT Ar PE47-vt c r wAS f2!F4u ceGD aN DrZER... -M dfn'ser e~s~r~eucc~ a N B N'TA-r- uP I N ~ f t dRAT70 ~i OL-LW ( jt.t t l..Df-Q- OF- V vl 40(Lke owe"zo `M 6aiLD ~ Ga~RJ~r E.~r'~ rUL C- Ok'T -of -6 iff pR ~U Zo t 7' Ak YSEc~f ANb SANF-- '501~ks rv-o~ 4ky Wcur:icr t5 No-r- A-(v ovE-eSi Zab -rwo cArie- &rap--- pC-d-, ur ACrUAUY r .:T- tvEvSe E;vEtv -1kroUCor+T T#Ar wo rlar ~a~tt ~'-c~o~/1 ,F~ "f~ 5(1~1C~ ~ft~rrAcN'~ with eve detail of the rovisions of the ordinaB. While not corriplying ry P explain how the project is consistent with the spirit or intent of the o rdi nan ce? &ly r9cc5CCT I:> oNSt STE~T W l`C t-~ 't N-E le~PC RtT n~mA'Nc.E1- WRUs'm r-; ~4-1- ti&5 '$oEN c_oNsTaurtlvb ,~o PAf-~~ Fuz.Ly' LL1-rs,MbQ 70 M&6-r- ANT 5sEir-0f~ CA'MtJs MQc.tc eP-D to TAr-, aaN - oN • Wl.4eN Zr- t-6 AaN F--D t vuks -TO-TbFt~-'~ A pe.fVt f 1""' \A.Lpv5 toffAT wWC. i*}4T A3yV~C~ -tQJcrPL- 1 'DtD NaT ~ie:a -rwAT- tNr-zz joiZ toar5 Aec- CAi'A&c.iEF ~F- PizoSre-CR'S ~A-NI Kwg- LAN'r'c LEO (mr-oP..MiED By cNr: OF Yo UP, . , . . z ' r . _ i ~ E.{ eo~~~u~ . - - - ~ (..1~~ ~ _,~?~!~c~►? . ~ .~!oruf-~w CA r- a~. ~ N _ ~N ~IJ C"Tt 0_tiJ W lTb! }_~-b-0qiS 51A?~~!!l~?'i _~iU~ . - - - - ~ - - - - - - 3 = 9 6 om-- -Di ~~(.}Li N ___:B.AX - ot?Pasgz -ttve--_ ~ .tM~5i4IP_ _ V6CA{-5c- uA+A"t'" 1_5 LE~a!?-5 13 t~y . ~°--~`~___(~N 1 t~j! ~ ~ ~Gt~gt~ . _ . . . %lpu p~..~!l~~ _ ~ - - - _ _ _ _ . _~~~___~??u-_....~a~ Ynur.~ .~t'~ ►n~-~ - - - - - . 'DICTA i E~F'NAT T CAmtiCT . ~c.ilC [~n[.ooQE _..Th6~~! Wl-E* LTi.l_..:_ . , , . • ' 1 ~ ' ~Tv)NK L CALE S !5vuAaE = 3 FFEr ~ , . . ♦ . ~ . . ~ ~ ~ , . ~ . . . . . . ~ . . , S(1~~I.V!$ICiN ~ KRIKEN - GUTMR/E ~ , , " • ' ~,~E- d R~~~ . 1 ~ ~ . ~D~rr70N . (PROPc6E~~ MELNT . :cOr,s . . . ; ; _ , . . . _ . . . . . . . . . . , m~.~.. : ; . . ~ , ~ , . , . , . . . ' . , . . . . . . ; , . , . . . . . ~ , . . , . , . , _ . . . ~ ' ( .r,;. _ ; . ~ f . . . . , . . , . , . .t,¢~ . . . ~ . , . • ~ . . , . , . -~~vi- WAy . . ~ . . . r . , . , . . . , , ~a~ ~ . . ~ , . . . . _ , . , , . . . . ~ . . . . . . . . , ~ . . , r~ . . . . . PROF627"Y UA/Z , . . ~ . , . ~ . . . . . . .,a,, . . . . , L (ONLY AaESb . ; . , ~ . . . . , • . , , , . . - . i ~ ~ , . . . . ~ ~ cC" TER vNE c6 N7,---~e cIHiE ~ - . , . , . . , . . J . . I . . , ~ , . , , . ~ . . . ; • . , . ' ; , ~ ' } ~ . . . . . . ~ . , . . . . . , . . . , , , . ~ ~ ~ • . . , ~ . ~ . • . ~ , . . . , , , . ~ ' SPO KANE COUNTY PLAN14ING DEPARTMENT APPL ICATIONS BEFORE TNE ZONIIiG ADJUSTOR/BOARQ OF ADJUSTMENT Certificate oF Exemption Application WV F-- . Name of Appl i carit: Street Address : 1•y . lQACP ARe. °.rr - , H o m e Ci ty: &rzE6w Actzes State: w►4 . Zi p Code : qq oCt,o Phone :Work : Name of Property Owner(s) : C{tAgLe5 P bLkP.0"'F REQUESTED ACT ION(S) (Ci rcle Appropri ate Actiori) : ~-aT-T"anc~e(s) )ditional Use Permit Non-Conforming Lot/Use ~ Wai_yer o f Vi ol atiori T.efforary UsejStructure Other: ******4************************************ * * * FOR STAFF USE UNLY * * * *Cite Ordinance Section: Old Code: New Code: t * . * *Se cti on Towrtis hi p Ran ge P rope rty Si ze : # * * *Existing Zoriirig: F.L.U.P. Desigriation: * ~ * *PSSA: Y N UTA: Y N ASA: Y N FIRE DIST.: LEGAL CHECKED BY: t * * *Hearing Date: Staff takirig in Apelication: **********~*****************~~k ~ Existing Use of Property: G.1VINCa ACcoMtoDA-TICUmS mLY. Describe Intended Proposal :I N ~~~I-M c~q To Li UiNG ~AG L,tTl CS , CoN~T~ucT A ( AYi't4C -Tw o c.Ae &a-Ra~A kR. --G+6 -rWo Ad~,-roMce,l Les -1:: C~ ~t4~Cy 0")k1 . A-045,z>4-oR ~rrDnAGiE . 'QH s ts Ne~i ab -fv,&cAu~~ 1-14a k}orvLc- NAs -&a&Nt&Ns h- (UA%_(u (1rf 7-f o Q. ilpDCMNtc_ _C)o nkS Uv t N G Ar<leA--- ~{MILy ~orv` ~~TRrk P~~i S t ree t A d res s o f P rope rty :t1. I 41to kzc- .°rrr-. . Legal Description of Property ( Incl ude easement i f appl i cable) : K2tCkE-N - Gc.rYNk« 5 . &oce- I . ~oN c = • lc"Fr+ OF L.o-i' 137 ~ . ~r~r~~~~►.~ : . qi - TWE~r E 1 -5 AN EA56M EN i rloo~DED 'DRAr NR Q . r~P 7' I N A-'DDt-n o N TD AiU!3\J E 1~ I IL~fJSI o 05, Parcel . 1aj~;5Z- - 340'e5_-, Source of Legal : Total amount of adjoiriing land controlled by this ownerJsponsor:. ~ ~ Wh at i rite rest do you hol d i n the p rope rty1 Please list previous Plarining Department actions involvirig this property.: ~4 ON'C 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 PEUtISSION FROM SAID OWNER AUTHORIZIPJG MY ACTIONS ON HIS/NER BEHALF IS ATTaCHED; AND (3) ALL OF THE ABOVE RESPONSES AlJD TNOSE ON SUPPORTING DOCUMENTS ARE MADE TRUTHFULLY ANO TO THE BEST OF MY KNOWL E . . PA . f ~ Si r d: &tL'6 ~ ~ g ~ e cG : ec ST• GgeeNAcvES w4 Address , i Phone No.: Date: F~'~~~ ^ y E NO ARY ~E-~L~~s~s Notary: L 1D dte : ~ , c ~ , ~ ( o ve r ) .4• e, ;,'o ~`y •i..-_ _ ~ ' A. 6U RDEN 0 F P R00 F - It i s necessary for the appl i cant or hisJher representati ve to establ ish the reasons rihy the requested proposal should be approved and to literally put forth the bas i c case. Accordi rigly, you shoul d have been gi ven a form for your requested action (vari ance, condi tional use, etc. ) desi gried to hel p you present your case in a way which addresses the criteria which the Zonirig Ac~justor must consider. Please fi 11 the form out and return it wi th your appl i cati on. If you di dn't get a form, ask the P1 anning Department personnel for advi ce on how to proceed. SIGN-OFF BY COUNTY DEPARTMENTS ~OUNTY HEALTH DISTRICT A preliminary consultation has been held to discuss the proposal. The appli- cant as een informed of requi rements a►id standards. J_ gnature(Date) 4-ilgLn - o f~fW ai ve d~ COUNTY ENGINEER' S DEPARTMENT A preliminary consultation has been held to discuss the proposal. The appli- cant_h b en finformed of requi remer~ts arid standards. c - Si)gnature (Date) (Si gn-off Wai ved) 3 COUNTY UTILITIES DEPARTMOT (Waive if outside WMAB) [sGg A preliminar o ultation has been held to discuss the proposal. The ~ plic t e11 itif d of requi ments arid standards. Si nature ~ Tb ate/'' (Si gn-off Wai ved) The appl icant 'is requi red to discuss the proposal with to become iriformed of requi rements and standards. (Distri ct Si gnature) (Date) (Si gn-off Wai ved) 4. WATER PURVEYOR (Wai ve i f outs i de CWSSA) NAME : a) The proposal is/is not located within the boundary of our future service area. b) The proposal is/is not located within the boundary of our current district. c) We are/are not able to serve this si te wi th adequate water. d) Satisfactory arrangements have/have riot been made to s ve this proposal. (Si grtiature) (Date) n-o f ai v~"d + . o . . • ;•,,6. r . ' • ~ , . .t• , ~ . ' • . . + , . • . . ' • ~ ~ ~ ' ~ • . . . , , . ~ • ; J. . • . , . ti x •A ' ' . . . • . . , w ♦ ' ' • o. ,4' . . • • . • , ` , . . , • . . . • . • , . 1'~ • ~ • ~ • ~ ' ~ ~ . . • , . , ~ • • • • • ' . . , ' . • ~ ' . ~ . . ~ ~ ~ ( S . • . . . . , ' . • , ~ ~ • . • tA &A-kL L . . . . ~.2. . . . ~~a - . i . . . . . . . . ~..~...s~p . . . , . . . . . . . ~ ~ . . . ~ ~ . . . ~ . , . ; . . „ . . . . . . . G~~J c ( . ' , ' ~ . . . • ~ . . , ~ t V ' ~ , ' , ~ ~ • ~ . ' ' • ' . : , ' ; /rTE' • - ~ . . . ~ . . _ ~ ~ • ~ . . . . ~ . . . . ~ . ~ ~ . . . . . . . . . . . ~ . ~ . . . ~ ~ . , • . . • . . • : • . , f~ . ' • • `0.10 . . . . • . • , ~ • ~ , • ' ' ~ ~ ~ : . : , O . . . . . . . . ~ ~ ~ ~1 ~f . . , . . : . . ~ 13~, • . . ~ ~ . '~.N ~ ~ ~,~•,s, 4c p rc ~ : . ~ r . : 51 r~, A ~ . . . ~ . ~ . w s T•~ 3L, . Xg . ~ ~~ww•~MA~ej ' ~T~ ' . . ' ~ ~ . ' . , r . . . • • . ~ ' • ~ . 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