VE-11-00
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SPOKANE COUNTY HEARING EXAMINER
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RE: Variance in the Urban ) FINDINGS OF FACT,
Residential-3.5 (LTR-3.5) Zone; ) CONCLUSIONS OF LAW,
Applicant: Lany D. Liedkie ) AND DECISION
File No. VE-11-00 )
1. SUMMARY OF PROPOSAL AND DECISION
Proposal: Application for a variance from the flanking street yard setback requirement of the
Urban Residential-3.5 (LTR-3.5) zone, to allow an attached garage to be constructed 18 feet from
tihe property line along Interstate-90.
Decision: Approval, subject to conditions.
The Hearing Examiner has reviewed the application for a variance and the evidence of
record, and hereby adopts the following findings of fact, conclusions of law and decision:
II. BACKGROUND/FINDrNGS OF FACT
A. GeneralInformation:
Applicaot: Larry D. Liedkie, 821 North Corbin Court, Greenacres, WA 99016
Owner: Larry D. and Cheryl L. Liedkie, husband and wife, 821 North Corbin Court,
Greenacres, WA 99016
Site Address: 821 North Corbin Court, Greenacres, WA
Location: Generally located west of and at the terminus of Corbin Court, south of and
adjacent to Interstate 90, in the NW 1/4 of Section 18, Township 25 North, Range 45 EWM,
Spokane County, Washington.
Legal Description: County Assessor's tax parcel no. 55182.4904, more particularly described
as Lot 4, Block 11 Broadway Subdivision, Spokane County, WA
Zoning: lJrban Residential-3.5 (UR-3.5). The site is also located in the Aquifer Sensitive Area Overlay zone.
Comprehensive Plao: Urban category. The site is also locatcd in the Aquifer Sensitive Area,
the Urban Impact Area and the Priority Sewer Service Area designated by the Plan.
IUGA: The site lies inside the interim urban growth area boundaries designated by the
County pursuant to the State Growth Management Act.
HE Findings, Conclusions and Decision VE-11-00 Page l
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Environmental Review: The variance proposal is exempt from SEPA review, pursuant to
WAC 197-11-800 (2)(e).
Site Description: The subject property is approximately 12,616 square feet in size, is
generally flat, and contains an existing single-family residence constructed in approximately
1993. The residence fronts along a cul-de-sac at the terminus of Corbin Court, which street
provides access for the site. A paved driveway extends from Corbin Court to the area on the site
where the proposed garage would be located. A septic tank and drainfield are located west of t11e
residence on the site. An existing fence is located along the west property line and along thc I-90
frontage of the site.
Surroundiag Conditions: The County Arterial Road Plan designates Broadway Avenue
located south of the site as a Minor Arterial, while Flora Road to the west is designated as a
Principal Arterial. Flora Road passes over Interstate 90 (I-90) west of the site, and the I-90/
Barker Road freeway interchange is located less than a mile to tlle east.
The area is designated in the Urban category of the Comprehensive Plan. The land sunounding
the site is zoned UR-3.5, and consists of single-falnily residences on lots of similar size or larger
to the subject property.
Project Description: The applicarion requests a variance from the flanking street setback
requirement of the UR-3.5 zone, to allow a proposed attached, 2-car garage to be placed 18 feet
from the north property line, adjacent to 1-90. The site plan of record dated 9-20-00 illustrates
the attached garage to be 36 feet from east to west, and 24 feet from north to south, with an area
of 864 square feet. The garage would be aligned with the existing driveway.
B. ProceduralInformation:
Applicable Zoning Regulations: Chapters 14.404 and 14.616
Hearing Date and Location: December 6, 2000, Spokane County Public Works Building,
Lower Level, Com.m_issioners Assembly Room, 1026 West Broadway, Spokane, WA.
Notices: Mailed: November 13, 2000
Published: November 17, 2000
Hearing Procedure: Pursuant to County Resolution Nos. 96-0171 and 96-0294
Testimony:
Tammy Jones Larry Liedkie
Division of Planning 821 North Corbin Court
1026 West Broadway Greenacres, WA 99016
Spokane, WA 99260
rtems Noticed: County Comprehensive Plan, County Zoning Code, County Code, County
Guidelines for Stormwater Management, County Standards for Road and Sewer Construction,
County Arterial Road Plan maps, and official County Zoning maps. County Resolution Nos.
HE Findings, Conclusions and Decision VE-11-00 Page 2
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99-0261 (revising Road Standards), 97-0864 (revising ICJGA regulations), 97-0321 (establishing
ILIGA interim regulations), 96-0294 (Hearing Examiner Rules of Procedure), 96-0171 (:Hearing
Examiner Ordinance), and 85-900 (adopting County Zoning Code, and Program to Implement).
Final laild use decisions referenced in Staff Report.
IYY. LAND USE ANALYSIS/
FINDINGS OF FACT & CONCLUSIONS OF LAW
A. Because of special circumstances applicable to the propertv, includinR shape, fronta2e
aloniz two public streets and the location of exist= improvements, strict application of the
flankinR street vard setback requirement of the Urban Residential-3.5 (UR-3.5) zone, set forth in
Zoninp_ Code 14.616.325, creates practical difficulties and denrives the nronertv of riRhts and
privileaes enioyed bv other properties in the vicinitv and zoned UR-3.5. Y
The site is designated in the Urban category. The Urban category of the Comprehensive
Plan is intended to provide the opportunity for a"cifiylike" environment, including a variety of
land uses served by a high level of public facilities and services. It is primarily a residential
category of single-family, two-family, multifamily and condominium buildings, along with
neighborhood commercial, light industrial, public and recreational facilities.
The Urban category recommends a residential density (net) range of l to 17 dwelling units
per acre. A variety and mix of residential uses and densities are recommended in such category.
Decision Guideline 1.1.4. Urban category uses should be served by a high level of public
services, including public sewer. Decision Guideline 1.1.2. Land use proposals should be
consistent with adopted County and service district utility plans, policies and regulations, and
resolve adverse effects on public infrastructure. Decision Guideline 1.6.1.
The Urban category recommends that new residential development be buffered from
existing adjacent uses where adverse effects may develop, through use of spatial separation,
distance, screening, landscaping or other performance standards. Decision Guideline 1.5.1.
"Buffering" is defined as a technique of separating incompatible land uses by distance, changing
density, landscaping, screening and/or physical features or struetures. See Comprehensive Plan,
glossary. Structure height and the architectural character of new development in relation to
nearby structures in the neighborhood are to be considered before approving such development.
Decision Guideline 1.5.8.
The zoning of the site and lots in the vicinity is Urban Residential-3.5 (UR-3.5). The
purpose of the UR-3.5 zone is to implement the lower density range of the Urban category. Such
zone is intended to promote areas of primarily single-family residential use in an urbanized
neighborhood setting, having a high level of public services. See Zoning Code 14.616.100. The
minimum lot size for a single-family residence is 10,000 square feet. The maximum residential
density (net) allowed in the UR-3.5 zone is 4.35 dwelling units per acre.
The residence on the site is served by a high level of public services, except public sewer.
The site is'designated inside the interim urban growth area boundaries designated by the County
pursuant to the State Growth Management Act.
HE Findings, Conclusions and Decision VE-11-00 Page 3
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The flanking street yard setback requirement for residences and accessory structures in the
UR-3.5 zone is 55 feet from centerline of the adjacent street, or 25 feet from the property line,
whichever is greater. See Zoning Code 14.616.325 (A)(3). The site fronts along bbth Corbin
Court and Interstate 90 (I-90), with I-90 being considered a flanking street for setback purposes.
Considering the width of I-90 adjacent to the site, the applicable flanking street setback
requirement for the site is 25 feet from I-90.
The variance application requests a deviation from the flanking street yard requiremenfi, to
allow the proposed garage to be placed within 18 feet of the I-90 right of way. Most of the
proposed garage would be located outside the 25-foot flanking street setback.
The residence was constructed in approximately 1993. The applicant indicated that the
residence was constructed without a glrage, to save money. The shape of the lot, the location of
the residence, the location of the septic tank and drainfield, and the front yard setback
requirement of the UR-3.5 zone combine as special circumstances to make it difficult for the
applicant to locate the garage anywhere else on the site. The garage would be located to take
advantage of the existing driveway. .
Many other residences in the area have attached, 2-car garages. The garage is longer from
east to west, at 36 feet, than a typical 2-car garage. However, the excessive length does not
contribute to the flanking street yard setback deviation.
B. The uantin2 of the flankinR street vard setback variance, as conditioned, will not be
materiallv detrimental to the public welFare, nor iniurious to the pronertv or improvements in the
vicinitv and similar zone classification. All other applicable variance criteria are met.
Setback regulations are generally intended to ensure adequate light and air along public
sti-eets, improve visibility and safety for pedestrians, drivers and residents along the street and
reduce fire hazards. No opposition was expressed toward the variance by neighboring property
owners.
The Examiner has considered the factors set forth in Section 14.404.082 (2)(3) of the
Zoning Code. The proposal generally conforms with the Comprehensive Plan and the purpose
and intent of the UR-3.5 zone. The Examiner agrees with the analysis contained in the Staff
Report regarding such factors and the applicant's satisfaction of the variance criteria, and adopts
the analysis contained on pages 3-5 of the Staff Report as findings of fact and conclusions of law
herein.
Approval of the variances will not establish a precedent that will adversely affect the
zoning concept for the area or the county as a whole. Approval of the variance is not
substantially based on a lack of reasonable return, or a claim that an existing structure is too
small.
The conditions specified in the decision below are necessary to (a) ensure that the setback
variances will not constitute a grant of special privilege inconsistent with the limitations upon
other properties in the vicinity and similar zone classification in which the property is situated,
(b) ensure that the intent and purpose of the Zoning Code is maintained with regard to location,
site design, appearance, landscaping and other features of the proposal, and (c) protect the
environment, public intexest and general welfare.
HE Findings, Conclusions and Decision VE-11-00 Page 4
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IV. DECISION
Based on the Findings of Fact and Conclusions of Law stated above, the apphcation for a
flanking street yard setback, to allow an attached garage to be constructed 18 feet from the north
property line of the site, adjacent to Interstate 90, is hereby approved, subject to the conditions of
approval listed below.
Any conditions of public agencies that have been significantly altered or added to by the
Examiner are italicized.
Failure to comply with the conditions of this approval may result in revocation of the
variance by the Hearing Examiner.
SPOKANE COUNTY DIVISION OF PLANNING
1. All conditions imposed by the Hearing Examiner shall be binding on the "Applicant",
which term shall include the owner (s) and developer (s) of the property, and their heirs, assigns
and successors. .
2. The variance applies to the following real property: Lot 4, Block 1 of Broadway Court
Subdivision, Section 18, Township 25 N., Range 45 EWM, Spokane County, Washington.
3. The proposal shall comply with the Urban Residential-3.5 (UR-3.5) zone, the Aquifer
Sensitive Overlay zone, and other applicable provisions of the Spokane County Zoning Code, as
amended.
4. The applicant shall develop the subject property substantially in conformance with the site
plan of record dated September 20, 2000. The attached garage shall be located at least 18 feet
from the north property line adjacent to Interstate 90.
5. The Division of Planning shall prepare and record with the Spokane County Auditor a Title
Notice noting that the property in question is subject to a variety of special conditions imposed as
a result of approval of a land use action. This Title Notice shall serve as public notice of the
conditions of approval affecting the property in question. The Title Notice should be recorded
within the same time frame as allowed for an appeal and shall only be released, in full or in part,
by the Division of Planning. The Title Notice shall generally provide as follows:
"The parcel of property legally described as [ ] is the subject of a land use
action by the Spokane County Hearing Examiner on January 24, 2001, requiring a variety of
special development conditions. File No. VE-11-00 is available for inspection and copying in
the Spokane County Division of Planning."
SPOKANE REGIONAL HEALTH DISTRICT
1. The garage shall not be located closer than ten feet from the on-site sewage system
drainfield.
HE Findings, Conclusions and Decision VE-11-00 Page 5
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DATED this 24"' day of January, 2001
SPOKANE COUNTY HEARING EXAMINER
z CZ44/ r . Michael C. Dempsey, WSBA #823'3~
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NOTICE OF FINAL DECISION AND NOTICE OF RIGHT TO APPEAL
Pursuant to Spokane County Resolution No. 96-0171, the decision of the Hearing Examiner
on an application for a variance is final and conclusive unless within twenty-one (21) calendar days
from the issuance of the Examiner's decision, a party with standing files a land use petition in
superior court pursuant to chapter 36.70C RCW. Pursuant to chapter 36.70C RCW, the date of
issuance of the Hearing Examiner's decision is three (3) days after it is mailed.
This Decision was mailed by Certified Mail to the Applicant on Janua.ry 24, 2001. The date of
issuance of the Hearing Examiner's decision is therefore January 29, 2001, counting to the next
business day when the last day for mailing falls on a weekend or holiday. THE LAST DAY FOR
APPEAL OF THIS DECISION TO SUPERIOR COURT BY LAND USE PETITION IS
FEBRUARY 20, 2001,counting to the next business day when tlie last day for mailing falls on
a weekend or holiday.
The complete record in this matter, including this decision, is on file during the appeal period
with the Office of the Hearing Examiner, Third Floor, Public Works Building, 1026 West
Broadway Avenue, Spokane, Washington, 99260-0245. The file may be inspected behveen
Monday - Friday of each week, except holidays, between the hours of 8:30 a.m. and 5:00 p.m.
Copies of the docuinents in the record will be made availaUle at the cost set by Spokane County.
HE Findings, Conclusions and Decision VE-11-00 Page 6
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~oview:
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821 N. Corb►nCt,
GRE-ENACRES, WA 994I6-
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~ STAFF REP4RT TO THE HEARING EXAMINER
ii
FILE vE-1 1 -oo
DIVISION OF PLANNING
SPOKAI*kF, COUKrY
HEARING DATE: December 6, 2000 @ 9:00 a.m. FILE VE-11-00
PROJECT PLANNER: Tammy Jones, Associate Pianner
PROJECT DESCRIPTION: Variance request to ailow a flanking street setback of 18 feet from
the property line along I-90 to construct a garage, whereas Section 14.616.325 of the Spokane
County Zoning Code requires a minimum setback of 25 feet from the property line.
Pro'1ect Oata
Project Location: The site address is 821 N. Corbin Court. The subject
property is generally located west of Corbin Court
and south of and adjacent to I-90, in the NW % of
Section 18, Township 25 N., Range 45 EWM,
Spokane County, Washington.
Parcel Numberjs): 55182.4904
Owner: Larry D. Leidkie
821 N. Corbin Ct
Spokane, WA 99016
(509) 928-2182
Comprehensive Plan Designation: Urban
Zonfn : Urban Residential-3.5 (UR-3.5)
Existin Land Use: Sin {e family residential
Surroundin Zonin and Land Uses: •
• North: Zoning to the north of the site consists of Urban
Residential-3.5 (UR-3.5) established in 1991,
previousty classified as Agricultural (A) in 1957 (ZE-
, 225-57). Land use to the north of the site incJudes
- I nterstate 90 and single family residential uses.
• South: Zoning to the south of the site consists of Urban
Residendal-3.5 (UR-3.5) established In 1991,
previously classified as Agricultural (A) in 1957 (ZE-
225-57). Land use to the south of the site consists of
_ single famity residences on sfmilariy sized lots.
• EasL Zoning to the east of the site consists of Urban
Residental-3.5 (UR-3.5) established in 1991,
previously classified as Agricultural (A) in 1957 (ZE-
225-57). Land use to the east of the site consists of
single family residenoes on similariy sized lots.
• West: Zoning to the west of the site conslsts of Urban
, ~ Residential-3.5 (UR-3.5) estabflshed in 1991,
prevlousty classified as Agricuttural (A) in 1957 (ZE-
225-57). Land use to the west of the site consists of
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Stafi Report - Oeoember 8, 2000 Heaft
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single family residential uses.
Recent land use actions in the surrounding area
Known Land Use Proposals and _ include:
Recent Project Approvals in the
Area of this Proposal: ZE-5-00; a zone reclassification from UR-3.5 to I-2
located south of Broadway Ave. and west of Alki Rd.,
approved by the Hearing Examiner on June 12, 2000.
PE-1718-93; preliminary plat of Canal Addition
consisting of 10 lots on 3.5 acres located south of
Broadway and 400' west of Long Rd., approved by
the Hearing Examiner Committee on October 21,
1993.
PE-1712-93; preliminary plat of Broadway
Subdivision consisting of 8 lots on 2.5 acres, which
includes the subject parcel, approved by the Hearing
Examiner Committee on July 22, 1993.
VE-5-92; Variance request to allow an addition to a
residence with a front yard setback of 40 feet from
centeriine of Sinto Ave., approved by the Zoning
Adjustor on June 19, 1992.
VE-7-88; Variance from the density standards for a
duplex in the UR-7 zone located at the intersection of
Cowley Ave. and Corbin Rd., approved by the Zoning
Adjustor on June 19, 1992.
Land Division Status: Legal Lot of Record. The subject property is legally
described as Lot 4 of Broadwa Subdivision.. I
Water Purveyor: Consolidated Irrigation DistnctLo. 19
Sewage Disposal: The subject property is served by an on-site septic
system.
Nearest Arterial and Distance: The site is located adjacent to Interstate 90.
Neighborhood Association: None known
• This proposal is located inside the Interim Urban Growth Area (IUGA).
• This proposal is located inside the Public Transit 6enefit Area (PTBA).
GMA/Critlcal Areas ~
Aquifer Recharge Area: The subject property is located within the
Priority Sewer Service Area (PSSA) and the
Aquifer Sensitive Area (ASA) Overtay zone.
Fjsh & Wildlife Habitat Consenration Areas: None illustrated on the Spokane County
Critical Areas Maps.
_ FloodPlain:- Not apPlicable
Geologically Hazardous Areas: None Illustrated on tfie Spokane County
Critical Areas Maps.
Wetlands: None illustrated on the Spokane County
: Critical Areas Maps.
SEPA
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Staft Report - Decaembsr 6, 2000 Hearinp
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This application is a minor land use action and is categoricalfy exempt from the State
Environmental Policy Act. See WAC 197-11-800(6)(b).
Noticinq
Published: The proposal was published in the Legal Notice section of the Spokesman Review on
November 17, 2000.
Mailing Deadline: The deadline for notiiying property ownersltaxpayers on land within 400 feet of
the proposal was November 20, 2000.
1724 Compliance Oates
Application Accepted (Counter Complete): September 22, 2000
Technicalty Complete / Determination of Completeness issued: October 23, 2000
Date Notice of Decision is Due: February 19, 2001
Reviewinq Agencies
9 agencies were notified on October 3, 2000, and November 7, 2000. Comments were due on October 13,
2000, and November 22, 2000.
,
Agencles Notifled Response Date Agencies Notlfied Response Date
Recejved Received Received Received
Spokane County Division Yes 10/11/00 Fire District #1 Yes 10/12/00
of Engineering,
Transportation
Spokane County Division No Consolidated Irrigation No
of Engineering, District No. 19
Development Services
Spokane County Division No Spokane Regional Yes 10/18/00
of Ublities , Heafth District
Spokane County Division No Spokane County Division No
of Ufilities, Stomrnnrater of Building and Code
Ublity Enforcement
Washington State No I
Department of
Transportadon
Agencv Comments:
The Spokane Regional Health District has stated that the proposed garage shall be located at least 10 feet
from the existing drainfield.
LResponses from the Public:
' No responses have been received for the subject land use action.
Descript on of the Site:
The subject property is located west of Corbin Court and south of Interstate 90, and is accessed from Corbin
Court. The subject parcel is approximately 12,616 square feet in size, is generally flat and contains an
existing single family residence. There is an existing fence on the site located along the west property line
and along the I-90 frontage. The site has a paved drnreway located on the north end of the site.
Surrounding land uses include single family residences on similarty sized and larger lots, and an interstate
highway.
Background:
The application was submitted to the Division of Ptanning on September 22, 2000. The applicabon was
determined tD be technically complete on October 23, 2000, and the Nofice of Apptication was mailed on the
same date.
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Project Description:
The site is located within the Urban Residential-3.5 (UR-3.5) zone. Section 14.616.325 of the Spokane
County Zoning Code requires a minimum flanking street setback of 25 feet from the property line. The
applicant has requested a variance from this dimensional standard in order to construct an attached 2-car
garage to the north end of the existing home and within 18 feet of the north property line adjacent to I-90.
The site plan of record illustrates the proposed garage to be 24'x 36' in size or 864 square feet. The garage
is to be located in alignment with the existing driveway.
Staff Analysis:
Comprehensive Plan:
The subject property is located within the Urban category of the Spokane County Comprehensive Plan. The
Urban category is intended to provide the opportunity for the development of a"citylike" environment with
intensive residential uses. Since Urban areas will be the most intensely developed of all the categories, it is
primarify a residential category of single-family, two-family, multifamily, and condominium buildings along
with neighborhood commercial, light industrial, and public and recreational facilities.
Decision Guideline 1.1.1 states that urban development will be allowed in areas having a full line of public
services available. The requested variance is for the purpose of allowing the construction of an attached 2-
car garage to an existing single family residence.
Zoning:
The subject property is located within the Urban Residential-3.5 (UR-3.5) zone. The purpose and intent of
the Urban Residential-3.5 (UR-3.5) zone is to implement the lower density range of the Urban category and
to promote areas of primarily single-family residential use in an urbanized neighbofiood setting.
Zoning within the general area of the site is primarily Urban Residential-3.5 (UR-3.5).
Section 14.404.081 of the Zoning Code recognizes that circumstances may exist such that sVict application
of the Zoning Code may cause practical difficuldes regarding the use of the property. Upon demonstration
to the Hearing Examiner by the property owner of circumstances which create practical difficulties, the
Hearing Examiner may grant a variance from the provisions of the Zoning Code.
In order for a variance request to receive approval, compliance with Section 14.404.082(1-3) of the Spokane
County Zoning Code must be demonstrated by the applicant Any variance from die terms of the Zoning
Code shall be subject to those conditions specifically identfied in Section 14.404.082 (1a & b). Analysis of
the proposal with regards to Section 14.404.082 (1a & b) is as follows:
Response to 14.404.082(1a): The application states that due to the location of the exisbng home which is
10' from the south property line at its clasest point, the {ocation of the existing driveway, the location of the
septic system and drainfield in the rear yard, and the location adjacent to two public roads, there is no other
reasonable location for the garage without the need for a variance. The proposed garage is 24 feet in width
and is a standard size for an average 2-car garage.
Response to 14.404.082(lb): The applicant has responded to question D on the Variance Burden of Proof
form by stating that the proposed variance will not be harmful to the public weffare nor injurious to the
property or improvements withfn the vicinity of the property.
The following analysis of Sectlon 14.404.082(2 & 3), whlle not to be considered as sole
substantiatlon, shall be consldered in the granting of a variance:
Response to 14.404.082(2a): Strict application of the Zoning Code standards may create an unreasonable
burden on the applicant since without the requested variance the applicant would not be able to construct a
standard 2-car garage. If the applicant were to construct the garage based on the exisUng setback
standards, the rear of the garage could onty be 18.5 feet in wfdth, or a maximum of 21 feet with an
administrative exception for 10% of the required flanking street setback.
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• Stafl Report - Oeoember 6, 2000 Hearinq
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Response to 14.404.082(2b): Relaxation of the flanking street setback standards will not allow a more
environmentally sensitive, energy conserving design or result in the adaptive reuse of a historic property.
Response to 14.404.082(2c): A broader community need will not be served by the granting of this variance
request.
Response to 14.404.082(3a): The granting of the variance will not be based upon a precedent established
by illegal or non-conforming circumstances.
Response to 14.404.082(3b): No precedent will be established which will adversely effect the zoning
concept for the existing neighborhood or the County as a whole. There have been no similar variances
requested or granted in the general area of the site. Other homes located on Corbin Court do have similarly
sized 2-car garages, however, the location of the homes allowed for the construction of those garages
based on the existing setback standards.
Response to 14.404.082(3c): The applicant has stated on the Variance Burden of Proof form that the
variance is not based upon lack of a reasonable economic return or a claim that the existing structure is too
small.
Response to 94.404.082(3d): The Goals, Objectives and Decision Guidelines of the Urban category of the
Comprehensive Plan do not specifically address variance requests. However, the proposed variance is not
inconsistent with the purpose and intent of the Comprehensive Plan as the Urban category is intended to be
primarily a residential land use category.
Response to 14.404.082(3e): The practical difficulties related to the property were existing when the
applicant purchased the property, since the residence had already been constructed in its present location.
Response to 14.404.082(3fl: The proposed variance for an attached 2-car garage is related to an existing
residential use and will not result in a de facto zone reclassification.
Response to 14.404.082(3g): The proposal does not impact the density recommendations of the Urban
category of the Comprehensive Plan.
Summary: The requested variance from the flanking street setback standards of Section 14.616.325 of the
Zoning Code is generally based on special circumstances applicable to the property including the location
of the existing residence, lot size, location of the lot adjacent to two public roadways, and the location of the
septic system and drainfield. Strict application of the Zoning Code setback standards generally creates an
unreasonable burden on the applicant Similarly sized 2-car garages are can be found on properties located
along Corbin Court.
Attachments:
A. Maps
• Vicinity Map -
• Site Plan
• Zoning Map
~onditions Comprehensive Plan Map
B. of Approval
C. Agency and Public Comments
vE-11-oo
Staff Report - Oecember 6, 2400 Headng
. 5of5
ATTACHMENT A
MAPS
VICINITY MAP
SITE DEVELOPMENT PLAN
ZONING MAP
COMPREHENSIVE PLAN MAP
. '
\/E-1?-00
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PROPERTY 80UNDARY '
-is 10'-2° FRoM S.E. VE-11-00
CORNER OF HOUSE ~ PROPOSED 2 CAR
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ATTACHMENT B
CONDITIONS 4F APPROVAL
~ RECOMMENDED CONDITIONS
FoR VE-11-00
.
DIVISION OF PLANNING
SPOMI,kE (bUsUY
1. All conditions imposed by the Hearing Examiner shall be binding on the "Applicant", which
term shall include the owner or owners of the property, heirs, assigns and successors.
2. The variance applies to the following real property: Lot 4, Block 1 of Broadway
Subdivision, Section 18, Township 25 N., Range 45 EWM, Spokane County, Washington.
3. The proposal shall comply with the Urban Residential-3.5 (UR-3.5) zone and other
applicable Zoning Code chapters, as amended.
4. The applicant shall develop the subject property generally in accordance with the concept
presented to the Hearing Examiner. Variations, when approved by the Director of the
Division of Planning/designee may be permitted, including but not limited to building
location, landscape plans and general altowable uses of the permitted zone. All variations
must conform to regulations set forth in the Spokane County Zoning Code and the original
intent of the development plans shall be maintained.
~
~
~
VE-11-00 Deoember 8. 2000 Pubtic Hearinp
Divisfon of Planninq Reoommended Conditlons
M
ATTACHMENT C
AGENCY AND PUBLIC COMMENTS
A , • • •
SPOKANE REGIONAL HEALTH DISTRICT
ENVIRONMENTAL HEALTH DIVISION .
INTEROFFICE MEMO
DATE: October 13, 2000
i
ti
TO: Tammy Jones, Associate Planner, Spokane County Division of Planning
FROM: Steven P. Holder y, R.S. - EHD, SRHD
SUBJECT: Variance Request VE-11-00 (Liedke)
The Heatth District has no comment on the variance request other than to state that the
garage shall not be located closer than ten feet from the on-site sewage system
drainfield.
RECEIVED
SPOKANE COUNTY.
OCT 18 2000
DIVISION OF PU4NNING
~
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S C7 O U N T Y
UIVLSION UF F'LANNWC; A Ulvisiov Or -rtir•. Pi1t3LlC ~%'()Ry-5 ULf:AR"i"MFNT
MICH.AF:t. V. N[i'DNAM, DIRFC`T'OR GARI' 0HER(,, UIRfl1l~R
MEMOR4NDUM
TO: Spokane County Division of Engineering & Roads; Scott Engelhard, c;io Sandv
Kimball
Spokane Gounty Division of Engineering & Ruads; Bill Hemmings
Spokane County Division of Utilities; Jim Red
Spokane County Stormwater Utility; Brenda Sims
Spokane Regional Health District; Steve Holderb),
Spokane Counry Division of Building & Code Enforcement; Jefl- Furr}
Fire District No. 1
Consolidated Water District
WA State Department of Transportation, Mark Rohwer
FROM: Tammy Jones, Associate Planner 01
DATE: November 7, 2000
SUBJECT: Review and comments for the hearing of December 6, 2000 @ 9:00 a.m.
FILE VE-11-00
DESCRIPTION: Variance request to allow a flanking street setback of 18 feet
from the property line along I-90 to construct a garage, whereas Section
14.616.325 of the Spokane County Zoning Code requires a minimurn flanking
street setback of 25 feet from the property line.
• STR: 18-25-45
APPLICANT: Larry D. Liedkie, 821 N. Corbin Ct., Greenacres, WA 99016,
(509) 928-2182
Note that the application and maps were previously circulated to your agency.
Please review and return any comments to me by November 22, 2000.
Attachments: Notice of Public Hearing
I
1026 W. BROADWAY • SP'OKANE, WASHTNGTON 99260-0220
('Nc~Nr rW1 . Fn~1;001 . mn cr,,t 1^7
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NOTICE OF PUBLIC HEARING
SPOKANE COUNTY HEARING EXAMINER
TO: All interested persons, and owners/taxpayers within 400 feet
YOU ARE HEREBY NOTIFIED THAT A PUBLIC HEARING WILL BE HELD ON THE
LAND USE APPLICATION LISTED BELOW, AS FOLLOWS:
Application: File No. VE-11-00; Variance request to allow a flanking street setback of 18 feet from the
property line along I-90 to construct a garage, whereas Section 14.616.325 of the Spokane County
Zoning Code requires a minimum flanking street setback of 25 feet from the property line.
Hearing Date and Time: December 6, 2000 @ 9:00 a.m.
Place: Commissioners Assembly Room, Lower Level, Spokane County Public Works Building, 1026
West Broadway, Spokane, Washington.
Owner/Applicant: Larry D. Liedkie, 821 N. Corbin Ct., Greenacres, WA 99016, (509) 928-2182
Address and Location: Generally located 821 N. Corbin Court. The subject property is generally
located west of and adjacent to Corbin Court and south of and adjacent to Interstate 90, in the NW 1/4 of
Section 18, Township 25 N., Range 45 EWM, Spokane County, Washington.
Comprehensive Plan: Urban
Zoning Designation: Urban Residential-3.5
Deadline for submitting SEPA Appeal: [note: only applies to administrative appeals to the Hearing
Exam.iner, not to initial applications such as rezones or preliminary plats].
Related Permits: n/a
Division of Planning Staff: Tammy Jones, Associate Planner, (509) 477-7200
HEARING E R PROCEDURES
,
Hearing Process and Appeals: The hearing will be conducted under the rules of procedure adopted in
Spokane County Resolution No. 96-0294. All interested persons may testify at the public hearing, and
may submit written comments and documents before or at the hearing. The Hearing Examiner may limit the time given to speakers. A speaker representing each side of the issue is encouraged. Any appeal of
the Hearing Examiner's decision will be based on the record established before the Hearing Examiner,
pursuant to County Resolution Nos. 96-0171. Environmental appeals will follow the same procedural
route as the underlying action. All hearings will be conducted in facilities which are accessible to
persons with physical disabilities.
Inspection of File, Copies of Documents: A Staff Report will generally be available for inspection
seven days before the hearing. The Staff Report and application file may be inspected at the Spokane
County Division of Planning, V Floor Permit Center, Public Works Building, 1026 W. Broadway,
Spokane, WA 99260-0220, between 8:30 a.m. and 5:00 p.m., weekdays, M-F, except holidays. Copies
of documents will be made available for the cost of reproduction. If you have any questions or special
needs, please call the Division at (509) 477-7200. Send written conunents to the Spokane County '
Division of Planning, 1026 W. Broadway, Spokane, WA 99260, Attn: Tammy Jones/ VE-11-00. Motions must be made in writing and submitted to the Spokane County Hearing Examiner, 3'd Floor, Public Works Building, 1026 W. Broadway, Spokane, WA 99260-0245.
OFFICE OF THE SPOKANE COUNTY ENGINEER
A 1026 W Broadway Ave, Spokane, WA 99260-0170 (509)477-3600 Fax (509)477-2243
sMKAN:c"NWY "ENGINEER'S CONDITIONS OF APPROVAL" VARIANCE
TO: Spokane County Planning Department
FROM: Division of Engineering & Roads ,
DATE: October 11, 2000 .
PROJECT: SETBACK FLANKING STREET 18' CODED 25' GARAGE
FILE VE-0011-00
Hearing
Review Date: 10/13/2000
Sponsor/Applicant: LARRY LIEDKIE
Section Township Range: 18-25-45
Planner: TAMMY JONES
Technical Review Date:
The Spokane County Engineering Department has reviewed the above referenced application. The
following "Conditions of Approval" are submitted to the Spokane County Planning Department for
inclusion in the "Findings of Fact, Conclusions and Order/Decision " should the request be approved.
1. We have reviewed the above referenced proposal and have no comments to make concerning
the application.
END
CC: Applicant LARRY LIEDKZE
Engineer/Surveyor
Planner TAMMY 30NES
Kimball, Sandy
From: Hemmings, Bill
Sent: Tuesday, October 10, 2000 9:52 AM
To: Jones, Tammy
Cc: Engelhard, Scott; Kimball, Sandy; Parry, Ed; Sims, Brenda; Darrell, Virginia; Baldwin, Greg;
Hohman, John
Subject: VE-11-00 - Larry Liedke
10-10-00
I have no comment on this proposal at this point in time. I consider the application to be technically complete.
Bill Hemmings, PE
i
PAGE 1 15:02:34 03 OCT 2000
Road# Road Names.......... MPost. Reference Descriptio Road Log Info..........
00991 CORBIN CT (START) .000 BROADWAY AV U 19 PAVED 37
CORBIN CT (END) .060 NORTH END OF ROAD U 19 PAVED 37
00635 CORBIN PL (START) .000 APPLEWAY AV U 19 LIGHT BITUM. 40
CORBIN PL .090 GREENACRES RD U 19 LIGHT BITUM. 22
CORBIN PL (END) .160 APPLEWAY AV U 19 LIGHT BITUM. 22
00636 CORBIN RD (START) .000 SPRAGUE AV & APPLEWA U 19 PAVED 44
CORBIN RD .120 COWLEY AV (START) U 19 LIGHT BITUM. 27
CORBIN RD (END) .390 ALKI AV U 19 LIGHT BITUM. 27
3 Records Processed
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S P O K A N E U N T Y ~F9
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DIViSION OF P1.AMNING A DMS(bN OF 'iHE T'UBI1C WORKS DEPART7NENT
MICHAFI_ V. NEI'DH:1Nt, D[RECTC)R G.~RY O~FRC;, DtRL•CIOR
MEMORANDUM
TO: Spokane County Division of Engineering and Roads; Scott Engeihard, c/o
sandy Kimball
Development Engineering Services; Bill Hemmings
Spokane County Division of Utilities; Jim Red
Spokane County Stormwater Utility; Brenda Sims
Spokane Regional Health District; Steve Holderby
Spokane County Fire Protection District No. 1
Consolidated Irrigation District
Washington State Department of Transportation; Mark Rowher
FROM: Tammy Jones, Associate Planner '
DATE: October 3, 2000 ~
SUBJECT: Variance Request; VE-11-00
Attached is a copy of the application materials for VE-11-00; a variance request to atlow a
flanking street setback of 18 feet from the property line along I-90 to construct a garage,
whereas Section 14.616.325 of the Spokane County Zoning Code requires a minimum
flanking street setback of 25 feet from the property line.
Please review this application for completeness to determine if it contains that information
necessary to qualify as "Technically Complete". In addition, please provide your written
comments and recommended conditions to me within ten (10) working days, by October 13,
2000. If you have any questions regarding this application, please contact me at 477-7225.
Enclosures
c: Larry Liedke, 821 N. Corbin Ct., Greenacres, WA 99106
l;~2o W. I3RClAGWAl • Sf't)K:1tiL, titi'Ati;!i\GTC1N 99=60-02_l! I
PFaohr: (5N.) a^?-?2[tu • FAX: !-119j :?_3 • TDD: (504) 4T,-;'1;3
. - - ~ ~ ~ • ~ RECEIVED
~
SPaK&Nr r_,01 N -n , .
r.... . •o . , . . ~ _ .
SEP - 2 .2
~ . . . - . . . ~ ~ - _ . . . :?nnn - -
1 l
IT , .
. . . APPLICATiON :F4~13' PUBL-IQ~~ktNG
~ . 'CUP'S. ; VARIANCES,"NON-CONFORMINS USES
DIVISION OF BUILDING AND PLANNING
SPOK:~,I~ COUT\M
PROPERTY OWNER INFaRMATI0N
♦ Property Owner(s): L,. a(~-~
~ /V 7- -
Str2at Address:
City: C19 4 C C ~ . State: Ct- Zip Code:
0
Phone: (Home) (Work) Fax:
APPLICANT/AGENT INFORMATION
♦ Applicant/Agent: ~
. ~
Street F,ddress:
CitY: State: Zip Code:
Phone: (Home) (V`lork) Fax: ~
REQUESTED ACTIONS(S) (Indicate appropriate action):
C) Conditional Use Permit O Expansion or a Nonconforming Use
P__~Variance(s) ❑ Other (list):
PROJECT INFORMATION /
• Existina use of Properiy:
~
• Describe proooszd us2 of the propery, notino chanee from `existino use':
C ci. % C.
• I1' a vari2r~ce aoG(ication, szate tne Codz standard and describe the variance seu&it in
comoar-=:blz terms (i.e., 'o-O i2°t frorn centcrline verses requirec+ p^5 ieet):
T ~ ~ LS /s U ~
~(CP Gvi:~/
.
• li a conditionGl usz permiz applicGtion, does proposal meet all stcndards? Y U IA
~ Ir nc't, hzs one or morz variances been requested: Y N
• Iz home industry, has consuliation occurrzd with the Division ot Building and Planrinc
regardina cons'truction oi building for int2nded us2? Y N v
• • .
'APPLICATIONS FOR PUBUC HEARING ITEMS ~ PAGE 2 of 3
CUP, Variance. Non-conformin4 Uses •
• Size of fhe sub1'ect P . roPerty ' Parcel No.(s): -r7
. y ~
. ~ ✓ I`
• Street address of property (if-known). co
• Legal description of roperty (include easzment, if applicable): '
7~o ~(s ~
• Source of leqal:
• Total amount of adjoining land controlled by this owner, sponsor and/or agent: /G GXIO
• What interest does aPPlicant hold in the properiy r l~(',-
N OTA RY
State of Washington)
SS
County of Spokane )
I swear, under penalty of perjury, that: (1) I am the owner of recor~ or authorized agen: ~or
the proposed si#z; (2) if not the ownef, wp ermission from ow ef authorizing my ac~ions
on his/her behalf is aftached; and (3) all bov respons s a+d those on suppoi~ing
documents are made truthfuily and to the , m knQw le e.
J' A, L/ C~
Signed: ~ Date
WANDA T. CLARK
,
NOTARY PUSLIC
STATE OF WASHINGTON
EXPIRES JANUARY 6, 2003 Notary P blic in and for the Sate of Washington, residing at
' My aopointment expires
~J -
BURDEN OF PROOF FORM(S) (by applicant)
It is necesszry for the applicant or his/her representative to establish the reasons why the
requested action snould be approved and to literally put forth the basic argument in favor of
approving thz application. Accordingly, you should have been given a form for your
requested action (variance, conditional use, etc.) designed to help you present your case in a
way which addresses the criteria which the Hearino Examiner musi consider. Please
compleie tne form and return with your application.
FOR STAFF USE ONLY
Sec'tion 1"& Township RangE ~5- Violation/Lc-nzarc-ament: Y~
Lot, legcl & add'I. ov+mership checkcd
Person doing preaop conf_: .I-P-
Other/prcvious Division of Buiiding and Plcnning actions invclving tnis prapery: N`o I1 E
Certific2-ie of Exemption No. /~J~ Application No.
Hearing Dat.- VGrious site plan dimensions cneck by
. a
. ' y . ,
- APPLICATIONS FOR PUBUC HEARING ITEMS PAGE 3 of 3
CUP, Variance_ Non-confoRninq Uses . .
SIGN-OFF 6Y AGENCIES ' . . ' ' . -
The applicant must visit each agency whose number is circled below. .
1. SPOKANE REGIONAL NEALTH DISTRICT
a. Proposed method of water supply
b. Proposed method of sewage disposal
A preliminary consultation has been held t 'cuss tne proposal. Tne apolicant has been intormed or
requirements and siandards. We est consultation with the Division of Bur~ding 8 Planning: Y N
Si ure Date
2. WATER PURVEYOR: ~
a. Prooosed method of water supply
b. The proposal islis not lacated within the boundary of our future
c. The prooosal is/is not located within the bounda r current district
d. We 2r2l2re not able to szrve this si adequate water.
e. Satis►Gctory arrange ave/have not been made to szrve this proposal.
S' atu re Date
3. SEWAGE DISPOSAL PURVEYOR:
a. Proposzd metnod of water supply b. Proposed mErhod or sewage disposal
A preliminary consultation has b~ eld to discuss the proposal. The 2pplicant has been informed ofi
requirements and stand .
,1~19nature Date
4. FIRE DISTRICT / F1RE MARSHALL
a. Proooszd is within Fire Protection District r'r
b. Adequ2te arranqement have/have not been made to meet our nem-ds i oviding for an
2dequate wa;=r system and facilities for fire protection purpos
c. Rzcommend=d fire t'low: or unable to c ate noyvi ce:.ause use is not
deiir~iti~re and ~r~ill be de}ermined at building per " aplication time.
d. RzqUir;,ments include:
~
-,-elgnature Fire District # Date
App fcr Public Plearer.5 Etems-•g-id-=?
b
J SPOKANE COLTN'TY i_ JISION OF BUILDING ANL ODE ENFQRCEMENT ~
1026 WEST BROADWAY AVENUE • SPOxANE, WA 99260-0050
(509) 477-3675 J
~ S1TE INFORMATTON PR4,JECT INFORMATION ~
Sitc Address: $21 N CORBIN CT ' Project Number: 00008552 Inv: 1 Issuc Date:
GREENACRES, WA 99016 ]Pee-mit Use: preconference
Parcel Number: 55182.4904
Subdivision: UNKNOWN Applirant: LEEDKIE, LAR2Y D &CHERYL L
Blocl:: Lot: 821 N CORBIN CRT
Zonin;;: LJ~Z-3 Urb.ui Residcntial3.5 GREENACRES, WA 99016-8555 Phone: (509) 921-4559
Contact:
Owner: I..IF-DKIE, LARRY D& CHERYL L
Address: 821 N CORBIN CRT Phone:
GREENACRES, WA 99016-8555 Setbacl:s - Front: Left: Right: Rear:
Inspector: LEONARll FLLJNO
Water Dist:
• Group Name: unl:
1'roject Name: precon.ference
~ PEx.MIT(s) . ~
jl'Cll'lllltCe Cu»tr.ietor: License 9:
S50.00 vfiRia7CE S659.00
PRE-APP CONFERL;NCE $3 7.00
Tot:il Pci-mit Fec: $746.00
C PAYMF.NI' SU1tMARY Pagc 1 of 1 NOTEs )
PERM[T Processed Bv:
Printed By: WENDEL, GLORIA
Tran Date Receint # Pavment Amt
09f22/2000 8035 S746.00
Tofal Fecs ~LrnountPaid AmuuntOmine
$746.00 $746.00 S0.00
Spokane County Public Works Departjnent
Divison of Building & Code Enforcement
Receipt
Receipt ivumber: 8035 Crrstofner jYicmber
Projects
Frrll
Proiect Nhr Iizv Nhr Fee Amt Liv A`rrt Owine PAID Pntt
00008552 1 $746.00 $746.00 $746.00 $746.00 Y6
Total: $746.00 $746.00 $746.00 $746.00
Miscellaneous Items
Total PAID: $746.00
Tender
~e Clteck Acct Balance CC Nbr Exn Date TENDERED
Check1 6118 746.00
Total TEIYDEX ED: 746.00
Over / (Sliort) $0.00
CI1Q11aL' $0.00
NOtGS:
Trtrn Date / Tijiie: 09/22/2000 11:32:12 A
By: GWendel
Logaii User: gwendel
Stario,i: GWENDEL
Overritle By:
Priitted: 0912212000 11:32: I S ARI Page 1 of I
VE-11-00
Vicinity Map
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Scale : 1 inch - 1250 ft (rounded) 09/26/00 Vcinity Map
Parcel: 55182.4904
Owner: UEDKIE, LARRY D& CHERYL L
CoOwner:
Owner Address `
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821 N CORBIN CRT GREENACRES WA 99016-8555 USA
Site Address
821 N CORBIN CT GREENACRES 16
Legal Description
BROADWAY SUBDIVISION LOT 4
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Notice: This is not a legal document. Data depicted on this map is general & subject to constant revision. It is intended
for reference use only. Legal documents should be obtained from the appropriate agency.
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