CUE-21-89
ZONING ADJUSTOR
SPOKANE COUNTY, WASHINGTON
IN THE MATTER OF CONDITIONAL USE )
PERMIT FOR A TEMPORARY RESIDENCE ) FINDINGS OF FACT,
FOR A DEPENDANT [CUE-21-89]; ) CONCLUSIONS
RELATIVE FLORANCE CATER ) DECISION AND ORDER
COMPAr1ION FILES: )
PARCEL NUMBER 19552-0303 ADDRESS: E. 17508 Sprague Ave.
APPLICATION DESCRIPTION:
The applicant requests a conditional use permit to allow Ellsworth P. Holms to
temporarily reside in a manufactured home on the property to care for his
mother, Florence Cater. Section 4.04.040 (B) of the Spokane County Zoning
Ordinance allows such a use in the Agricultural Zone upon issuance of a
conditional use permit.
PROJECT LOCATION:
Generally located adjacent to Sprague Avenue and approximately 600 feet west of
Manifold Road in the SW 1/4 of Section 19, Township 25N, Range 45EWM.
OPPONENTS OF RECORD: NONE
PUBLIC HEARING:
b After consideration of all available information on file, exhibits submitted and testimony
` received during the course of the public hearing held on JuIy 12, 1989, and having visited the
site, the Zoning Adjustor rendered a written decision on July 20 ,1989.
FINDINGS OF FACT AND CONCLUSIONS
1. The proposal is described above. The applicant has submitted to the file
documentation of this dependency status from a licensed physician.
2. The adopted Spokane County Future Land Use Plan designates the anea of the
proposal as CommerciaL The proposal uses are generally consi.stent with this category.
3. The site is zoned Agriculture, which allows the proposed use upon approval of ihis-
application.
4. The existing land uses in the area of the proposal include scattered residences and
vacant land, all of which are compatible with the pioposal.
S.The proposal is exempt from the provisions of Chapter 43.21C RCW pursuant to
WAC 197-11-800 6 (b).
6. The requested pemut is a renewable, temporary use for 1 year period.s which will be
discontinued upon either the applicant or his Mother not living ai the premises.
, .
CASE NO. CUE-21-89 SPOKANE COUNTY ZONING ADJUSTOR PAGE 2
7. 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.
9. No one appeared to oppose the proposal nor were any written comments adverse to
the proposal received.
10. The proper legal requirements for advertising of the hearing before the Zoning
Adjustor of Spokane County have been met.
12. A statement (Title Notice) shall be recorded by the Planning Department in the
County Auditor's Office stating that the manufactured home is temporary and for the use of the
named dependent relative(s) for wHich the Condirional Use Pemut is approved and that the
manufactured home is not a permanent structure to be transferned with the property if it is sold
or leased.
13. The permit shall be grant+ed for a period of one year and may be renewed
administratively by the Zoning Adjustor or his,/her designee upon the recerfification: (a) by a
licensed physician that the medical pmblem still exists; and (b) by the original applicant that the
need still exists.
14. The renewal geriod shall be the first day of the month occurring after 12 entire
months pass since the da.te of this decision (Aueust 1).
DECISION
` From the foregoing Findings aad Conclusions, the Zoning Adjustor APPROVES the
proposal for one year, to August l.st,1990, subject to compliance with the following:
CaNDI'TIONS OF APPROVAL
i. GENERAL
Tle following condixions shall apply to the applicantJowner.
1_ Failure to comply with any of the conditions of approval contained in this decision,
except as may be relieved by the Zoning Adjustor, shall constitute a violation of the Zoning
Ordinance.and be subject to such enforcement actions as are appropriate.
II. PLANNING DEPARTMENT
1. Only one temporary residence may be pernutted on a lot, parcel or tract of land
under the ownership or lease by the applicant for the Conditional Use Pemut.
2. The manufactured home shall be occupied by either the dependent relative(s) and
family, or by the family (of the dependent relarive) providing care to the dependent relative
owning and occupying the principal residence.
3. The pernut shatl be granted for a period of one year and may be renewed
administratively by the Zoning Adjustor or his/her designee upon the recertification: (a) by a-
a CASE NO. CUE-21-89 SPOKANE COUNTY ZONING ADJUSTOR PAGE 3
licensed physician that the medical problem still exists; and (b) by the original applicant that the
need still exists.
4. The renewal period shall be the first day of the month occurring after 12 entire
months pass since the date of this decision A s 1.
5. Upon termination of the need for dependent relative care or the sale or lease of the
property, the applicant shall remove the manufactured home from the site within forty-five (45)
days.
6. A statement (Tide Notice) shall be recorded by the Planning Deparnnent in the
County Auditar's Office stating that the manufactured hoine is temporary and for the use of the
named dependent relative(s) for which the Conditional Use Pemiit is approved and that the
manufactured home is not a permanent structure to be transferred with the property if it is sold
orleased.
7. The manufactured home shall be located in substanrial conformance with the site
plan on file in the Planning Deparnnent and any mod.ification of proposed locarion shall only be
authorized by the Zoning Adjustor prior to location and erection at the site.
III. DEPARTMENT OF BUILDING & SAFETY
1. A building permit is required for the manufactured home.
IV. HEALTH DISTRICT
1. Water service need not be coordinated through the director of Utilities, Spokane
County.
2. Water service shall be by a non-public private system owned and operated by the lot
owner and serving a single lot.
3. Subject to sgecific application approval and issuance of permits by the Health
Officer, the use of an individual on-site sewage disposal system may be authorized. NOTE:
No record of e3cisting sewage system is available to confirm its size and location. In addition,
the plot plan as submitted, indicates a potential conflict wiht the building proposal.
VI. ENGINEERING DEPARTMENT
1. The applicant should be advised that an approach permit must be obtained firom the
County Engineer prior to the constiuction of any r w driveway approaches. This must be
done prior Lo the release of a building pernut
VH. UTILITIES DEPARTMENT
1. Pursuant to the Board of County Commissioners Resolurion No. 80-0418, the
use of on-site sewer disposal systems is hereby authorized. This authorizarion is
conditioned on compliance with all niles and regulations of the Spokane County Health
CASE NO. CUE-21-89 SPOKANE COUNTY ZONING ADJUSTOR PAGE 4
District and is further conditioned and subject to specific application approval and issuance
of permits by the Health District.
2. The dedication shall state: "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 ULID by
petition method pursuant to RCW 36.94, which the perition includes the owner(s)'
property; and further not to object by the signing of a protest petition against the forrnation
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) from objecting to any assessment(s) on the property as a result of
irnprovements called for in conjunction with the fonriation of a ULID by either petition or
resolurion method under RCW Chapter 36.94."
3. Any water service for this project shall be provided in accordance with the
Coordinated Water System Plan for Spokane County, as amended.
NOTICE: PENDING COMPLETION OF ALL CONDTTIONS OF APPROVAL WHICH
NEED TO BE COMPLETED PRIOR TO PERMTT ISSUANCE, PERMITS CAN BE
RELEASED PRIOR TO TBE LAPSE OF TBE TEN (10) DAY APPEAL PERIOD.
- HOWEVER, THE COUNTY HAS NO LIABILTTY FOR EXPENSES AND
INCONVENIENCE INCURRED BY THE APPLICANT IF THE PROJECT APPROVAL IS
OVERTURNED OR ALTERID UPON APPEAL.
DATED this 16th day of June, 1989.
~
D glas S. Adams
ning Adjustor
Spokane County, Washington
FILED:
1) Applicant (GertifiedJRetunr Receipt Mail)
2) Parties of Record
3) Spokane County Engineer's Department
4) Spokane Caunty Health District
5) Spokane County Department of Building & Safety
6) Plaflning Depar-tment Cr+oss-reference File andJar Electronic File
NQTE: ONLY TBE APPLICANT OR AN OPPONENT OF RECORD MAY FILE AN
APPEAL WM-HN TEN (10) CALENDAR DAYS OF T'HE ABOVE DATE OF SIGNING.
APPEAL MUST BE AGCOMPANIED BY A$100.00 FEE. APPEALS MAY BE FILED AT
THE SPOKANE COUNTY PLASJNING DEPARTMENT, BROADWAY CENTRE
BUILDING, NORTH 721 JEFFERSON STREET, SPOKANE, WA 99260. (Secrions
4.25.090 and 4.25.100 of the Spokane County Zoning Ordinance)
Revised 5-3-89
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A~,,; - PLANNING DEPARTMENT
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BROADWAY CENTRE 6UILOING N 721 JEFFERSON STREET
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•1,,, ~.MW SPOKAN£, WASHINGTON 99260
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SPOKANC COUNTY GOURT HOUSC
1q~~~~~ GIF SPOZA1V IE COW 1V LLY lll~NENG ALDXW~~OIR ]?U13JLUC 1I11.1!'iARIU1V G
DATE: July 12, 1989
TIME: 10:15 a.m. or as soon thereafter as possible
PLACE: Spokane County Planning Department
2nd Floor Hearing Room, Broadway Centre Building -
North 721 Jefferson Street
Spokane, WA 99260
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T .MPOBARY R I
LQ CAT I O N: Geaerally located adjacent to Sprague Avenue and approximately 600 feet
west of Manifold Road in the SW 1/4 of Section 19, Township 25N, Range 45EWM.
P R O P O S A L: Thc applncant requests a coaditiooal use permit to allow Ellsworth P. Holms
. to temporarily reside in a manufactured home on the property to care for his mother,
Florence Cater. Section 4.04.040 (B) of the Spokane County Zoning Ordinance allows such
a use in the Agricultural Zone upon issuance of a conditional use permit.
EXISTINC ZQNING: Agricultural CR SSOVER: B-2
COMPREHENSIVE PL.AN: Commercial
SITE SIZE: Approximately 1/2 acre
APPLICANT: Ellsworth Holm
N. 1921 Ash S t. # 1
Spokane, WA 99205
ITEMS CARRIED OVER FROM PREVIOUS HEARINGS MAY BE HEARD FIRST, POSSIBLY
CAUSING DELAYS. LEGAL DESCRIPTIONS AND PROJECT DETAII.S FOR THESE PROJECTS
ARE AVAII.ABLE IN THE PLANNIlVG DEPARTMENT FII.ES. APPEALS OF THE DECISION ON
THE ABOVE LISTED CASE MAY ONLY BE FII.ED BY THE APPLICANT OR AN OPPONENT OF
RECORD ACCOMPANIED BY A$100.00 FEE. (Sections 4.25.090 and 4.25.100 of the
Spokane County Zoning Ordinance.)
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SP"OK:ANE COUNTY PLA►NNING DEPARTMENT
APPLICATIONS BEFORF THE 20NIINC3 ADJUSTQRBOARD dF JUS'TMENT
Ccrtificate of Exemption No.: Applicatioa No.: -'~Zj 41
Nume of Applicant: ~ l1swQ r'~"~ L40irn Agenr. YN
Strcet Address: 41L d-.l3Z 1 ASA 1~4-• ~ I
e- ` Zip Phone - Home: 3 2 .9 'a 2
City; ,Pv ta 4dd- Statc:--IVA Codc: Woric: .2 q 2 Agents No.
Name of Property Owner(s): t" to rtµc P~.,~~r
Street Address: ( 7 SQ S ~e • ,
G rac ~e S Zip Phone - Home:.~ U -
v, a work:
City: _ Statc: U4 Code:
REQUESTED AC'fION(S) (Circle appropriate action):
V a ri a n c c( s) CConditional Use Permit') Nonconforming Lot/Use
Waiver of Violation Temporary Use/Structure Other:
FOg S16FF USE ONLY CODE: OR.DINANCE
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Cite Regulations Section(s):~
operty Violation/
Scction; l 9 Township: 2C Range: I/ r Size: .9-ar. Enforcemcat: Y N
Existing Zonc: A3 Comp. Plan Des.:-edM07 . Crossover-B -7,
I.F.C3AL
PSSA: Y N UIA(3 N ASAY N FIRE DIST.T 9;61 CHECKED BY:
Hcaring Date. ~ Personnel Taking in Application.~//--
Existing Use of Property: J15/.fIC'/UCC~.
Dcscribe Intended Proposal in Terms of REQUEST'ED AC'TIONS above: 1dkCf' ~
~~•0 yd (46) GVfI/C~ d7•~L~ Q S/h `l .m i 7e u /v
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Gah.P_ IrAlAiara Zy. 560~
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Street Address of Property: C
Legal Description of Property (include aasement, if, applicable):
rvRg(N Aap 6R.NACRS Pr oF ~3 G zS QEC aN Aj c. 1- 3 Zyz •7r 7- w dF
ru F-e-o R- L3 6Z I FpL. D AQ~ Tft_s PAIF~ -rz> ~,vi- L,3 307 F7 n+ w&7 F T
B N E L Y ~ Po R
_JD4 ~N..~fZ To V.LL.~ W- r
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Parcel No(s): P9S-rv2 ' 0.343 Source of Legal: A SSe. ssor's iffx
Total amount of adjoining land controlled by this owner/sponsor:_--j~i^"
Wtiat interest do you hold in the property? P
Piease list previous Planning Department actions involving this property:
f /cilleGLdfDin
/4 dd/ ~i 0's- &~"GPptU C re j - - . _
1 SWEAR, UNDER PENALTY OF PERJURY, THAT: (1) I AM THE OWNER OF RECORD OR
AUTHORIZED AGENT FOR THE PROPOSED STfE; (2) IF NOT THE OWNER WR:ITTEN
PERMISSION FROM SAID OWNER AUTHORIZING NiX ACTIONS ON HIS BEHALF IS
ATTACHED: AND (3) ALL OF THE ABOVE RESPONSFS AND THOSE O PORTING '
DOCUMENTS ARE MADE TRUTHFULLY AND BFST OF DGE.
Signcd:
P~~Y LflyOS~~~ Address: Ie?iv
• F N~a s•. ~
• o y~ . 1 ~L ~'~0~-3 Date:/J•Z )..-if
Phone No.: ~
: y•. /
NOT ~~E ~ I co: ~ Notar :
. Ze ~ Y
;f,~ Date:
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Page 3 ~4qRy; 'P(Over) Revised 3-4-88
4W
t ,
or-FzcE 0F THE COUNTY ENGINEER
SPOk ANE COUIVTY, WASHINGTON
,7 i_t f12 9y 1989
TO e SPOk ANC COUNTY I'LANh! I hIG DEPARTMEIJT (Cl_tr rent f' 1 ai-inz nq
Adt-iixnistrator ) •
FROM o SPOIt ANE COUNTY FNIG T NEER
SUBJ Y CUE i 1--89
re: Variances
The C-Di_tnty Enqineerinq Department has reviewed the abcnve referenczd
applicati-Dn. The fc-11lowinq ccimments are offered for inclusion in
the FindinQs and Order as "Conditions t=.f Approval" sr~~~-uld thie
reqi_test be
approved.
1. THE APF'LICANT SHQULD BE ADVISED THAT AN APPRC7ACH PERMIT MUST BF
OBTA T NCD FROM THE rOUhl1"Y Eh1G I NEER PR T QR TC] THE COiVSTRUCT ION 0F AhJY
NEW DRIVEWAY APPRQACHES. THIS MUST BE DONE PRIOR TQ THE RFLEASE OF
A BUILDING I'ERMIT
"fHE APPLICAIVT SHOULD BE ADVISED TO CUNTACl" THE LOCAL FIRE
DISTRICT TO ASSURE THAT FIRE DISTRICT ACCESS STANDARDS AND T!-iE
PROV I S I OhlS OF THE F I RECODE ARE BE I NG MET o
_
A. Ut1 DEN QF PRQQF
lt is necessary for the applicant or his/her representative to establish the reasons
why the REQUESTED ACTION should bc approvcd and to litcrally put forth the basic
case. Accordingly, you should have been given a form for your requested action
(variance, condicional use, etc.) designed to help you present your case in a way
which addresses the criteria which the Zoning Adjustor must consider. Please fill
the form out and return it witb your application. If you did not get a form, ask the
Planning DepartmeAt personnel for advice on how to proceed.
B. SIGN-OFF BY COUNTY DEPARTMENTS AND OTHER AGENCIU
. - 1 (__O JNTY HEALTH DISTRICT
a) Proposed method of watcr supply:
b) Proposed method of sewage disposal:~~tCf"I
A preliminary coasultation has been held to discuss the proposal. The applicant
Z14Z b en i ormed of requir me an ndard~s.~ ,
~a
gnature) (Date) (Sign o f f Waived)
~ ' , ('O JNTY ENGINEERING DEPARTMENT
A preliminary consultation has been held to discuss the proposal. The applicant
has been ' ormed of requirements~ d standards.
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(Signature) (DateS ~ (Sign-off Waived)
G,. Z . COUNTY UTILITIES DEPARTMENT (Waive if outside WMAB)
[W A preliminary consultation bas been held to discuss the proposal. The
a{icant has ben inf cd of requirements and standards.
14(Signature) 14 (Date) (Sign-off Waived)
The applicant is required to discuss the proposal with C-•~ u•12 v
to bccome informed of water system ~~~¢~s
requirements and standards. q~
The applicant is required to discuss the proposal with
to bccome iaformed of sewage disposal
rcquiremeats and standards.
. WATER PURYEYQRf (Waive if outside CWSSA)
a) The proposal ~lis not located within the boundary of our future
service area.
b) The proposal located within the boundary of our cunent
distri t.
c) We able to serve this site with adequate water.
d) Satisfactory arrangements 'a'ylhave not been made to serve this
p r op o s
(Signature) (Date) ' (Sign-off Waived)
. 5 •
• _
(If other than Spokaae Couj,ty)
[ J A preliminary consultation has been held to discuss the proposal.
The applicant has been informed of requirements a standards.
(Signature) (Date) (S~n-of Waived)
Page 4 of 4
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t~FT-I CE OF THE COUN1"Y E(uG T hIEE R
SI'Ok: ANE CQUN1"Y, WRSH T NGTON
J u n e 29 , 19 B'D
TOo SPOk.ANE COUNTY PLANNIIJG DEPARTIhENT (Curr2n{; Planninq
Administratr1r )
F R 0 Ni o 5 P 0 k. A N E C 0 U NT Y E NG I hl L E R
SUBJ e CUE 21--89
re: Variances
The C~ -unty Enqxneeriryq Department has r'eviewed the above referenceci
application. The followinq comments are offered fo} incl!!sioii in
the Findinqs and Order as "Canditions c-f Approval" shc-i_tld tfie
reqi_test be
approved o
1. THE APPLICAr.lT SHOUL.D BE ADVISED THAT Ahl APPRCIACH RERMI7 MUST BE
OBTA I hlED 1= I3OM TI,E COUNI"Y EIVG T NEER PR I OR TO THE CO{VSTRUCT IO1J 0F ANY
NE6d DRIVEWAY APPROACHESe THIS MUST BE DOhlE PRICIR TO THE RELERSE 0F
A BUILDIlVG PERMI1"
THE APPLICANT SHOULD BE ADVISED TO CONTACI" THE LOCAL FIRE
DISTRICT TO ASSURE THAT FIRE DISTRTCT ACCESS STANDARDS AND TNE
P RUV I S I UhJS QF THE FI REGODE A RE BE T hIG MET.
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SPOX:ANE COUN'I'Y PLANNING DEPARTMENT
APPLLCATIONS BEFORF THE ZONINC ADn 1STORBOARD OF ADJUSTMENT
Ccrtificate of Exemption No.: Application No.:
,
Numc of Applicant:wn r-~ ~p dA Agent: YCN-')
Strcct Address: & J3l l QSA - I
WA Zip Phone Home: ci t y: o tt~ ~P S tate: Code; 2U4 Work:
Agents No.
Namc of Property Owner(s): F` c re L^.c ~p,►-
/ ca
Strcct Address: ~750~► ~ Ave
.
~ r~c ~e S Zip Phone - Home: 41 -te City. State: LA Code: qq616 Work:
1ZEQUESTED ACTION(S) (Circle appropriate action):
Variancc(s) CConditional Use Permit> Nonconforming Lot/Use
Waiver of Violation Temporary Use/Structure Other:
f=OR STAFF USE ONLY CODE: ORDINANCE X '
. n
Cite Regulations Section(s):~
~ opertyr Violation/
Scction: ~9 Township: 2~ Range: Size: -J ar_ Enforcement: Y N
~
r"'Jowm- ~
Existing Zone: 3 Comp. Plan Des.: Crossover ~
LEGAL d PSSA: Y N UTAG N ASA(3 N FIRE DIST.T i!61 CHECKED BY:
Iicaring Date: Personnel Taking in Application:
7-
Existing Usc of Property: ClVCC.
Dcscribc Intcnded Proposal in Tcrms of REQUESTED ACTIONS abovc: llarla`c r•I-
l
1' 0nP S'ii~r~r' -r~..'O"
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Strcet Address of Property: ~/7O~S Z
Legal Description of Property (include easement, if applicable): '
e I N /a r:, v Gp-va,rR5 ~1r UF- ~-3 G' 2S" f3E!' (3N ml- 1-3 Zy1.ZFT- IN l2F,
u ECn R- L3 b Z ~ ~i-nApb Tas PAR. T6, wt- L3 ~ a 7 F7 rf+ w~~ T
__7[34 t-4,...i>a1z -rn w(-- rO ,cv L- 7-1-1 NEI-Y rO P-OR
Parccl No(s): %~r
rc2 -03 6 3 Source of Legal; A`~Se-55orS
Total amount of adjoining land controlled by this owner/sponsor:--6"-
Wliat interest do you hold in the property? *tfr)71 e9r ~ 1^
f'lcasc list prcvious Planning Department actions involving this properiy:
g>~„r~ N~/ I.~5i~ b q T ,1U6
l StiVEAR, UNDER PENALTY OF PERJURY, THAT: (1) I AM THE OWNER OF RECORD OR
AUTHORIZED AGENT FOR THE PROPOSED SITE; (2) IF NOT THE OWNER, WRITT'EN
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 BEST OF MY KNOWLEDGE.
Signed:
Address: Phone No.: Date:
NOTARY SEAL: Notary:
Date:
Pagc 3 of 4 (Over) Revised 3-4-88
~
A. BtIRDEN nF PRQOF lt is necessary for the applicant or his/her representative to establish the reasons
~ why the REQUESTED ACTION should be approved and to literally put forth the basic
case. 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 Zoning Adjustor must consider. Please fill
the form out and return it with your application. If you did not get a form, ask the
Planning Department personnel for advice on how to proceed,
. B. ajCLV-nFF BY CQUNTY DEPARTMENTS AND QTHER AGENCIES
. . 1 ('OLINTY HEALTH DISTRICT ~
a) Proposed method of water supply:
b) Proposed method of sewage disposal:
A prelirriinary eonsultation has been held to discuss the proposal. The applicant s ben i e
ards~. a
~~re) (Date) (Sign-off Waived)
(_'OLINTY ENCINEERINC DEPARTMENT
A prel,minary consultation has been held to discuss the proposal. The applicant
has bccn` 'nformed of requirements and standards. lp_! t -0
.51,7 ()1'! `~J`
(Signature) (Date5 ~ (Sign-off Waived)
G..Z , S'QUN,TY i1TII.ITIES DEPARTMENT (Waive if outside WMAB)
[ k]'' A preliminary consultation has been held to discuss the proposal. The
a~icant has bcdn infq,rhied of requirements and standards. ~ ef
g ~ ) (Sign-off Waived)
4' (Si nature) (Date
) The applicant is required to discuss the proposal with C.7 .P,
to become informed of water system
requirements and standards. 9z
The applicant is required to discuss the proposal with
~ to become informed of sewage disposal
requirements and standards.
. WATER PURYEYOR: (,Waive if outside CW$SA)a) The proposal is/is not located within the boundary of our future
service area.
b) Thc proposal is/is not located within the boundary of our current
district.
c) We ALe,/Are = able to serve this site with adequate water.
d) Satisfactory arrangements have/havp, nq.1 been madc to serve this
proposal,
(Signature) (Date) (Sign-off Waived)
J.
(If other than Spokane Councy)
A preliminary consultation has bcen held to discuss tne proposal.
The applicant has been informed of requirements an standards.
(Signature) (Date) (Si,~n-off Waived)
Page 4 of 4