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VE-75-88 • ZONING AOJUSTOR SPOKANE COUNTY, WASHINGTON IN THE MATTER OF A VARIANCE FROM THE ) REQUIRED NUMBEit OF PARKING SPACES ) FINDINC3S, CONCLUSIONS [ V E-75-88] , j AND DECISION BELLA VISTA GROUP, INC ) COMPANION FILES ZE-45•86 ) SUMMARY OF APPLICATION The applicant proposes to establlsh the min(mum required number oi parlcing spaces for the Home Club location on Sprague Avenue in the Spokane Valley at four hundred eleven (411) parking spaces Sectlon 14 802 040 of the Spokane County Zoning Code, as interpreted by the Zoning Administrator, requires five hundred twenty-one parking spaces to be provided Authoriry to consider such a request exists pursuant to Section(s) 14 300 100 (Vaaance), 14 404 040 and 14 404 080 of the Spokane County Zoning Code PROJECT LOCATION ' The project is generally located in the Spokane Valley, on the southeast oorner of Sprague Avenue and Farr Road in the Northwest Y4 of Seclion 20• Townshio 25b1, RanaEWM The Assessor's parcel numbers are 45202 0103, Ot 04, 605, 0106, 0107, 0108, 0109, 0110 and 0114 The property is addressed as East 9718 Sprague Avenue OECISION SUMMARY OF THE ZONINGi ADJUSTOR Based upon 1he evidence presented and circumsiances associated with the project proposai, the Zoning Adjustor DENIES the application OPPONENTS OF RECORD ~ None PUBLIC HEARING Atter examining all ava(lable information on flle with the appllcation and visiting the subject property and surrounding area, the Zoning Adjustor conducted a public heanng on January 11, 1989, rendered a verbal decision on January 11, 1989 and rendered a wntten decis(on on March 3, 1989 FINDINGS OF FACT 1 Testimony was taken under oath 2 The project Ixation Is as set forth above under PROJECT LOCATION 3 The Zornng Admmistrator had determined that the parking for this existmg HOME CLUB faclUty shall be calcutated on Ihe basis of five hundred twenty-one (521) spaces as follows TABLE 1 USE CLASSiFICATION $$EA PARKMG REOUIREMENT SPACES B,EOUIRED RECEIVINO" 93X48 = 4,464 SQ FT 2.000 SQ FT /SPACE 22 OFFiCE 54X29 = 1,566 SQ FT 350 SQ FT /SPACE 45 GErrERAL RErAa 94,070 SQ FT 200 SQ Ff /SPACE 4704 NURSFRY (RETAIL) 215X40 = 8,600 SQ ETI' 200 SQ FT /SPACE 43.0 TOTAL SPACES REQUIRED 520 1 *RECEIVING CONSIDERED WAREHOUSE AREA WITH PARKMG REQUIREMENT OF ONE SPACE PER 2.000 SQ FT OF GROSS FI.OOR SPACE S ~ ✓ q CASE NO VE•75-88 SPOKANE COIJNTYZONING ADJUSTOR PAGE 2 TEII: APPLICANT PROPOSES. IIVSTEAD OF 1'HE ABOVE PRESCRIBED (AS SETFORTN BY THE ZONIIVG ADMINISTRATOR). FOUR HUNDRID ELEVEN (411) PARKINCi STALLS. BASED ON THE xEAsoxwc sHOwrr sMow TABLE 2 USE CLASSiFICAT[ON AREA PARKINd REOUIFtEMENT SPACES $EOUIItED RECEIVINO• 93X48 = 4.464 SQ FT 2.000 SQ FI'./SPACE 22 L[JMBER STORAG&+ 21.517 SQ FI' 2.000 SQ FT./SPACE 108 0FF1CE 54X29 = 1.566 SQ FT 350 SQ Fi'./SPAC& 45 GENERAL RETAII. 72.553 SQ Fi' 200 SQ F!'JSPACE 3628 NURSF.EtY+* 215X40 = 8,600 SQ Fi' (1t2l) (8.600 so. Rr.) + (25) (8.600 so. Fr.) = 302 2.000 SQ FI' /SPACE 200 SQ FT /SPACE TOTAL PROFOSED SPACE 410.5 = 411 •REC&IVIIVG AND LUMBER STORAGE AREAS CONSIDERED WAREHOUSE AREA WTTH PARKING REQUIREIvQ'NT OF ONE SPACE PER 2.000 SQ Ff OF GROSS FLOOR AREA +*NURSERY VTII.IZED AS RETAII.. AREA EIOHT MONTHS OR 2/3 OF YEAR AND AS WAREHOUSE SPACE POUR MONTHS OR 1/3 OF YEAR 4. The adopted Spokane Counry Future Land Use Plan designates the area of the proposal as Major Commerctal 5 The site is zoned partially as Commercial under the Spokane County Zoning Ordinance and partially as Regional Business under the Spokane County Zornng Code 6 The existing land uses in the area of the proposal include all matter of commercial, business and office uses, all of which are oompatible with the proposal 7 The pubilc testimony was closed at the conclusion of the -public hearing, except that the appltcant was permitted to submit additional written information in support of h1s case Specipcalty, there was to be submitted a par4cing study prepared for Home Club which would shed light on the applIcanCs case The appUcant was also to provide a list of Home Club locattons, so that the Zoning Adjustor coutd call these jurisdictions and inquire about the(r expedence with Home Club's parking demand as compared to the parking actually provided 8 During the public testimony portton ot the heanng, the applicants setforth the argument that the parking spaces for the eight thousand (8,000) square feet of nursery display area should be oounted as only two-thirds (2/3) of that required for an eight thousand (8,000) toot display erea, because the nursery actually only existed during etght (8) months out of the year The rest of the year it was considered warehousing space The applicant therefore proposed that only two-th(rds (2/3) of the parkmg spaces normally required for an eight thousand (8,000) square toot nursery area should be provided The Zoning Adjustor pointed out that the nursery stodc season was generally oomparable with the peak home constructioNremodeling perrod and that to allocate only two-th(rds (2/3) oi the necessary parking stalls would be to not recagrnze that the nursery buying peak coincided whh generalty the same time of year that the oonstruction material purchasing peak occurred 9 By letter of June 24. 1989, the appltcant's agent, Richard Mason, P E. submltted a letter The letter reponed on six (6) nurseries and made observations that the parking for these nursery facilitfes seem to never be based on the amount of nursery stock display area, but rather only on the square (ootage of the buifding tnvolved Even when there was as much as three (3) scres of nursery stodc material, it was estimated that no more than thirty (30) parking spaces were ever provided, and at least two (2) of the six (6) businesses have less than ten (10) parkmg spaces 10 In general support of the case for tewer parking stalis, the applicant stated both verbally and in wntten material that Home Club's unique style ot retailmg created very wide aisles, because of the mixture of fork lift traffic and pedestrians, thus artificiatly inflating the actual square footage of the building when compared to the likely number of customers that would be generated by ihe products displayed He stated this was a reason for requesting a more liberai parking allowance He also pointed that In the dispiay area of + CASENO VE-75-88 SPOKNVECOUMYZONWGADJUSTOR PAGE3 lumber products, the aisles were slxteen (16) feet (rather than the normal eight (8) feet inside the rest of the structure). whlch turlher suggests that all of ihe lumber area should not be computed as retail, but shouid be oomputed as warehousing The Zoning Adjustor, on the contrary, pointed out that because the parttcular retafling style of Home Ctub, as well as other similar retafl mar{ceting outlets uses the first six (6) feet of the main floor for retail space and then using the next ten (10) to flfteen (15) feet for venical, stacked warehousing, has the effect ot a second or third iloor of warehousing by vinue of using a fork lift truck to stadc products waiting to be Iowered to the lower six (6) feet retail area One oouid easily argue that there should be more parking spaces provided using a warehouse calculation tor the venically stacked stvrage area (NOTE After checking with several junsdictions involving this theory, all ot them said that this was something that should probably be considered, but was not presently taken into aooount (n any of their regulations ) 11 The applicant provided a list oi Home Club operations, showmg three (3) additional ones In the state of Washmgton Phone call interviews were made with Mary Duty of the Kent, Washington Plann(ng Department, with Robin Meyer, oi the City of Tacoma Planning Department and with Daryl Easttn of the Ciry of Lynnwood Plannfng Department These interviews are summanzed m a memorandum to the file dated February 1. 1989 The City of lynnwood and the City of Taooma used the same standard of parking spaces per gross square foot For a bwlding the size of the one in Spokane. they would each have ended up with about five hundred one (501) parking spaces If we were to Include the eighl thousand (8,000) square foot nursery, they would have required about five hundred forry-tour (544) spaces, although they safd they generally do not include outside display area On the other hand, the City of Kent used a standard which created approximately two hundred eighry-five (285) parking spaces tor a similar sized Home Club Their staff was incorrectly advised ihat this was =LX a wholesale outlet All three (3) of these jurisdtctions said that ihey were experiencing no paricing problems for the Home Club operations in their oommurnty In fact, in the case of the City of Tacoma, Ms Meyers observes the Home Club faciliry on a nearly daily basis on her trip to and irom work, and commented that there was never a parking problem even during what she would term the busiest times of the year 12 On January 31, 1989, the agent for the applicant transmitted a parking demand study This study is contained In the fde This study examined a Home Club existing In Norwalk, California and made comparisons to one which was proposed tor the city ot Ervine this parking demand study found that Frldays around noon and Saturdays around 1 00 p m were the peak times for parking In these instances the peak demand was calculated to be abaut three hundred fifty (350) parking spaces 13 At the request oi the Zoning Adjustor, vanous Planning personnel made drive by summaries oi the parking situation at the Spokane Home Club operation Atthough, it must be reoognized that the Home Club has only recently opened and that these examinations were done during the month of December, 1988 and eariy January, 1989, and dunng which times the weather was extremely bad This is also not considered the time of year which would be the most favored time for people to do their retaii business at Home Club However, the dnve-bys showed that the number of cars ranged from approximately fifty (50) cars to as high as two hundred fifty (250) cars in the parking lot 14 The applicant did not present any informalion to the etfect that the parcel is charactenzed by special circumstances related to size, shape, topography location or surroundings Inspect(on of the property by the Zoning Adjustor confirmed ihe same 15 Washington State law iraditionally has established that variances, when granted, run with the land and are a result of some speclal circumstance assocfated with the land Varlances are not granted to relieve the parUcular practical difitculties which the owner experiences due to his or her own actions 16 The Zoning Code provides for at least the possibility for discretion for the Plannmg Director in Section 14 802 160, wherein It states that, '(W)hen the parking reqwrements for the use are not specifically defined herein, the parlcmg requirements for such a use shall be determined by the Planning Director, and such determination shall be based upon the reqwrements of 1he most comparabie use specified herem or other requirements based on the bost available intormation concernfng lhe proposed use.' (emphasis added) ~ , CASE NO VE-75-88 SPOKMIE COUNTY ZOiVING ADJUSTOR PAGE 4 17 The applicant is not disputing the position of the Planning Department that the parking requirement utilized by the staff (14 802 040 32 ) is in error as far as the particular category used Ralher, the applicanCs reason for seeking relief Is that when the prescribed parking standard Is used, the standard Is believed to be excessive when compared to this clienYs established use and other similar uses on other properties 18 The applicant acknowledged that the site has no inherent special circumstances inherent to the property Itself which would qualify It for a variance (n the terms of the conditions for granting a variance which are stipulated (n the Zoning Code (Reference questfon I 8 of varfance questionnaire submitted with 1he applicat(on ) 19 A review of the Zoning AdJustor illes in recent years indlcates that only one (1) parlcing space variance has been granted (VE-105•86) This variance was granted to a parcei of land which had double fronting streets and thus had tront yard setbacks to contend with on two sides and a flanking street setbadc to contend with on a third side In order to comply with the setbadc standards the lot was severely disadvantaged for practicaliy any proposad use 20 Readmgs for this case are (a) RCW 36 70 810 (2) , (b) Spokane Counry Zoning Ordmance Sections 4 08 020 (Vanances ) and 4 25 030 b (c) Settle, RiChard. Washington Land Use and Environmental Law and Practice, Butter-Worth Legal publishers, 1983 pp 49-50 (d) Rohan, Patnck J,=oni and Land Use Controls, Matlhew Bender, 1988 Supplements. § 43 01[5). 43 02 (4J[b](iJ(iiJ (e) St Clafr v Skagit Co, 43 WN App 122. [2]. March 1986 (f) Sherwood v Grant Co, 40 WN App 496, 699 P 2d 243 [2], May 1985 21 The proposal Is exempt from the provisions of Chapter 43 21C RCW pursuant to WAC 197-11-800 (6) (b) 22 No one appeared to oppose the praposal nor were any wrltten oomments adverse to the proposal received 23 The proper legal requirements for advertising of the hearing betore the Zoning Adjustor of Spokane Couny have been met 24 Any conclusion heremafter stated which may be deemed a finding herefn Is hereby adopted as such From the Ftndings, the Zoning Adjustor comes to these CONCLUSIONS 1 The applicant makes a good case that the parkmg standards are excessive for the particular use proposed However, the varianoe process Is not lawfully provided to handle variances applicable to a specific use, but rather to all uses of cenaln rypes when the property is disadvantaged to the point where it would affect many, if not most, uses A variance also runs with fhe land, and in this case it would not be usefui or appropriate to grant a vanance which would run with 1he land, as a new or different use on the propeny would more than Iicely not find itself so at odds with the Code standards Hence, the case does not warrant the granting of a variance m the terms of Washington State law, the Spokane Counry Zoning Code and the prevailing Washington State court cases 2 Regardless of any conditlons of approval which might be stipulated on a granted variance, the vanance would constitute a grant of special privilege lnconsistent with Iimitations on other propertles in the vicinity and similar zone c a CASE NO YE•75-88 SPOKANE COUNTY ZONING ADJUSTOR PAGE S 3 The applicant could make this avaitable to any number of applicants, most of whom would more than Iikely not feel the need to seek a parlc(ng variance The applicant s lessee has by their own acbon created the practical difficulty from which they now seek reliei from the prescriptive standerds of the Zonmg Code While the reasons seems sound, the variance process is the wrong procedure by which to render relief to the alleged problem 4 There appear to be twa processes avafiable to the appUcant to deal with the practical difficulty that the proposed tenant percenres (a) an amendment to the Zoning Code couid be proposed which would request that a different standard be adopted for large machinery/equlpment sales use, and (b) the applicant oould seek relief from the Planning Director utiitzing Section 14 802 160, arguing that the particular use should be considered under language which discusses the Planning Director's abiliry to determine parking requirements based on the best available Iniormation concerrnng the proposed use 5 There are no specAal circumstances applicable to the property itself which when combined with the standards of the Zoning Code created practical dlfficulties for use of the property or deny the property of rights -and pnvdeges cammon to other properties in the vicinity and similar zone classi(ications 6. The practical dimculry whlch gives rtse to the requested variance did not exist before the present owner acqufred the property In fact the problem will likely not exist for tenants other than Home Club 7 Granting the variance oould adversely afiect the overall zornng design, plan or ooncept for either the immediate area or the entire County 8 Any tlnding hereinbefore stated which may be deemed a conclusion herein is adopted as such From the Findmgs Of Fact and Conclusions, ihe Zoning Adjustor enters this DECISION The Zoning Adjustor OENIES the proposal The appllcant is advised to consult with the Planning Depanment personnel, preferably the Assistant Planning Director or the PlannmgDirector, to pursue elther a modif(cation of the Zoning Cade standards or a reduced number of parktng spaces under Seciwn 14 802160 of the Spokane County Zoning Code DATED this 3rd day of March, 1989 / Tho as Mosher~ AICP onmg Adjustor Spokane County. Washmgton FILED 1 ) Applicant (Certified✓Return Receipt Mail) 2) Parties of Record 3) Spokane County Engineer's Office 4) Spokane County Health District 5) Spokane County Utilities Department 6) Spokane County Oepartment of Buildtng & Safety 7) Spokane County Fire Protection District #7 8) Planning Department Cross-reference Fde and/or Electrornc File NOTE. ONLY THE APPUCANT OR AN OPPONENT OF RECORD MAY FILE AN APPEAL WITHIN TEN (10) CALENDAR OAYS OF THE ABOVE DATE OF SlGNING APPEAL MUST BE ACCOMPANIED BY A$100 00 FEE. APPEALS MAY BE FILED AT THE SPOKANE COUNTY PLANNING DEPARTMENT, BROADWAY CENTRE BUILDING, NORTH 721 JEFFERSON STREET, SPOKANE, WA 99260 (Sections 4 25 090 and 4 25 100 of the Spokane Counry Zomng Ordinance) rp ~h SPOK;ANE COUNTY PLANNIING DEPARTMENT ApP_tCATInNS RFnnAF THE ZONnvc: ADJLiS't'ORIBOARD OF AD7CiSTNENT CertiFcate of Exemption No.: Applieation No.:,4f.- -Z.~S Nama of AppliCant: Rella Vista Grouo_ Tnr__ Agept; 6)N Richard MaSnn Strcet Addrass: c/o I nl and Pac i f i c Eng i neeri ng , South 25 A1 tamont Zip Phoae - Home: - - 60 C~~y: Spokane State: WA Code: 99202 Work: 509-535-IdlO Agents No. 509-535-1410 Name of Proporty Owner(s): Bella Vista Group, Inc. Street Address: 6495 Trans i t Road . Buffal o . New York ~p . 14026 phaae - Home: /Ib-bST- O C,ty. Stata. Code. Work: REQUESTED AC'fION(S) (Circle appropriate actioa): V a r i a n c e( s) ~ Conditional Use Pecmit Noncoaformtag Lot/Usc Watver-af-yiolatlon Tamporary Usa/Structure Other: FOR STAFF USE ONLY CODF:_~ ORDIIYANCE . Cite Regulations Sectioo(s): ~ ~ ~ ~ ~ ( ? ~ / Pcoperi~► ~V~i ation/ S ec tion Township:~ ~ Range: Siza: 9Z `~~"F.n~"orcament: Y g Existing Zon,ng - Comp. Plan Dasignation: .t I.EC3AL PSSA•(Y/ N UTA: Y N ASA: FIRE DIST.; ~ CHECKED BY: 'IN ~ Heanng Date Personnel Taking in Application: d2 x Exiscing Use of Property• Home Improvement Product Retai 1 i nQ Dcscnbe Intended Proposal tn Tetms of REQUESTED ACTIONS above: See attachment #1 vUldyce_ I-aowt-) .2e&LIiae,v 5p~~e~ i~e6tv~R~ p, ~PACPt ~?e~u~re~ Scrcet Address of Property: East 9718 Spraque Avenue Legal Description of Propcrty (include easement. if applicable): SPP AttachmPnt #3 Parcel No(s) _ Attachment #4 Souree of Legal: Patri ck Moore, PLS fotal amounc of adjoining laad controlled by this owner/sponsot: jzz~_ What ,ntcrest do you hold in the property? Anol icant i s owner Qf oroa_ert_v Pleasa list previous Planning Departmant actions involving this property: ZE-45-86 , I S WEAR. UNDER PENALTY OF PERJURY, THAT: (1) I AM THE OWNER OF RECORD OR AUTHORIZED AGENT FOR THE PROPOSED STTE; (2) IF NOT TliE OWNER. WRm-EN PERMISSION FROM SAID OWNER AUTHORYZING MY AGTIONS ON HIS/HER BEHAI.F IS ATTACHED: AND (3) ALL OFTHE AHOVE RESFONS JVM THOSE ON SUPPORTING DOCUMENTS ARE MqDE TR Y AND TO OF F. ` Signcd: Address:_,SVv& ZS ~~hra~ , - - Phone No.: ~3's-/0/0 Date: NOTARY S cAi,l, :Notary: a ' p Data: 1 Page 1 ot 4 (Over) Revised 3-4•88 i 1 p - - - I - t A. BU~RDE,N OF _PROOF It ,s necessary for the applicant or his/her representative to establish the reasons why the YtgQUESTED P.CTION should be approved and to literally put forth the basic case Accordingly, you should have been given s form for your requested action (variance, conditional use, etc.) designed to help you present your case in a way wh,ch addressCS the cntena which the Zoning Adjustor must consider. Please fi'll the form out and return it with your applicatlon. If you did not get a form. ask the Planning Department persoanel for advice on how to proceed. B. SIGN•OFF BY COUNTY 12EPAR'I'11REA1'I'S AA1D O'Y'HER AGEAICIM ~1. COUNTY HEALTH DISTRICT a) Proposed method of water supply: C Sft b) Proposed method of sewage disposal: 7114 A preliminary consultation has been held to discuss the proposal. The appl,icant has b e i ormed of requirements and stand rds. ' 3 (Signature) (Date) (Sign•off Waived) N>J~ COUNTY EAICiA1EERiA1G DEPART1ViElYT ~ A preliminary consultation bas been held to discuss the proposal. Thc applicaat ha iof re uirements and atandards. n/o F~88' (Si re) (Date) (Sign-off Waived) 1,- 3. COUNTY UTILITIES D.PARTM.NT (Waive if outside WMAB) ( A prelimin consultation has been held to discuss the proposal. The p cant has b ~ d of requiremcnts and standards. (SIgnature (Date) (Stign-off Waived) The applicant is required to discuss the proposal with to become informed of ve►ater system requirements and standards. The applicant is required to discuss the proposal with to become informed of sevrage disposal requirements and standards. 4. WATFR PL1TtV .YnEP! (Waitre if outside CWSSA) a) The proposal located within the boundary of our future service area. b) The proposal is/ioe located within the boundary of our current district. c) We are/are noc able to serve this site with adequate water. d') Satisfactory arrangements have/have noe Vcjj made to serve this proposal. (Signature) (Date) ( gn-off Waived) 5. SEWFRAGE PU1 i VFVnA1 (If otber than Spokane County) (11*0r A preliminary consultation has been hcld to discuss the proposal. The appl~ t has been informed of requirements and standards. v pow _ ` (Signature . (Date) (Sign-off Waived) ` Page 2 of 4 . o . r 1 i 0 • SPQKANE +C:OUNTY PLA►NNING DEPARTMENT" APPLICATIONS BEpORE'THE Z4NING ADNSTC3RBOARD UF ADIUSTMEN'I` FII.E N4. t PLAN. DEPT. CONTACT HEARINC3 DA'I'E; NCYt'E Tp pPPLiCAT1T: Additional inforsnation may be required by thc Planning Dcparuncat after thc applicativa is submittcd if it is fvund that such iafornaatioa is ncedod to clarify the t31e documents ,~~Additlona! Egg R_, u,iremeets in ordcr to assist you with your Gnancial planaing rcgardiog this application, PLEA,SE BE ADVISED THAT CxTHER DEPARTMEN'TS AND AGFNC~S WITH WHTCH Y4U ARE REQUIR.ED TG CQNSULT MAY CHARGE YC3U AN ADD1TYt,NAL FEE. rne fees cbarged by ►he Ptanning Departmeat only psrtially defor vur adminisir4tivo costs and are not shared with other departments or agencies. ~ Preliminarv Slibmittal ~ Praor to filing aa applieatian, the project sponsor sbsll become familiar with the current procedures and forras. Planning Departnnent persvnnel are available far advice on current procedures. past actions whicti may affect tYie propasal and the Zvning Ordinanct or Code requirementa. 1Schedulin~• IV Ap iioe W Pub1iHe,aring o mg1 e e d applications mceived by the Planning Department wi11 be sctieduled fvr pubiic hcaring on the eartiesc possible date. Department personnel wil, contact the applicant apprvaimately 21 days prior to the public hearing, and provide the infQrmatian nceded to fu1Fi1 the notification requiremeats vutlincd in "E" below 4ccasionalfy, cxcessive and unpredictable workloads in the Deparuneat may cause schedulLng at a later date. D.Suhmitt~l Reauirements Department policy requires that tha folIawing infonnauon be subaiitted, at a minimum. , NC)'i'E. WE HAVE A FREE N4'I"ARY SERVICE A7` C3UR OFFICE. ~ 1~ -[_'om~i~d a~nnli~atio forrn (gteen). omilleted Certificate, of Exemetion form (yellow) (if ttquired). Comnleted Environmentaj CbCck " (if required). ~ Assessvr'$ 4ection map fvr subjcct parcel and property withia 304 feet (obtained at thc County Asscssor's Office). If required by the Department. obtain ane (1) copy, inciuding adjaceat maps, if required. The nlaps are to be submitted with the application form and other required inforraation to the Dcpartment. Outlinc tbe subject parcel ia penciI. Adjaiaing Assessor's maps that are aeeded: ~ Statement of Attending _ygc_n for Deeendent Relativc (if applicable). : Aff davit of DeQen,dent Relative Circumstances (if appltcable). Fee s- Most frequcntty encauntercd fees, at the time this application was 7 distributed, ere itemited as followa: Dependent Retative Conditlaaal Use Perm3t $ 50.00 Atl other Conditional Use Permits $ 275.00 Vaciance C175.00 ~ Wasvcr of Violation (sIiding-scela velue) Environmental Checklist $ 75.00 - wiLt be collectcd ac the time of appj,a atinn gonfefence and a22( d to_ rd whe= the apolication is submittcd. Page 3 af 4 8. Siie Pjan - Submit six r~W6copies of the proposal drawn to scale and indicating the foilowing informalton: ° , a' scatc of drawing i parking areas/spaccs/drtiveways north arrow j. landscaping vicinity map k, fCIICID$ site area showing proporty 1, topography of tbo site boundaries and dimenssons m. easeinent(s) affecting the usc (if a yard vanance application, of the property obtain "dimensioaing" n. septic tank, drainfield an+d well h a n d a u t) o. dimtnsioas from proposed e width and names of strrets structures to the ordinary high- adjacent to the site, water mark of all water bvdies f existiAg buildings within 200 feet ~ proposcd buildtngs (including extcrior dccks/balconies) showing dimensions and distanec to property boundaries h, beight vf all structures. ~ r E. ' Notificatfon Reauirements Thc applicant is to providc notirication as follows. Mor!c dctailcd instructiuns are prov,ded when notification packet is picked up at tbe Department. Plcase note there is a.25 cent/per parcel (plus tax) charge for the list oF property owners within 300 [eet of your proposal. This fee will be collected when you ptck up yvur agenda packat. Sielz I • Atl property owners and taxpayers within three hundred (300) feet of thc property. including a11 addjtiunal cvntiguaus ownership and any easemant(s) providing accoss across other propertias shall be n4tified by the proponent. Utilizing a list of property owners and taxpayers obtained from the Depaxtment or a ciele campany and copies of the Agenda Notificatioa prepared by thc Depanment, che spplicant shall accomplish notifzcation by mailing the agenda notiFcation by Firsc Class Mail as derccted by the Department personnel. Scr,2 2 11g aloplicant nrovide the qrigII321 i:1QmDU1er m2mag LLU, Affidavit of Mailing and all returned mailings (addressee unknown, atc ) to the Dcpartment at leasc two (2) days pr►or to the public heanng far inclusion in the file F Publi He2rilLg The applicant or rcpresentative must be present at the pubtic hearin$. If the owners is not at the eneeting, the "rapresentative" must have written authorizatian from all affected owner{s} to aet on his/her/their behalf. Page 4 of 4 , i.. ~ , 1 ti a ° • APPLICANT'S FORM HAME ; Home C1 ub FILE: VE-75-88 I. VARIANCES A. Will the variance authorize a use otherwise prohibited in this Tone? Yes ; No ~ ; Comment: Granting of variance will allvw space for an add7tional detached business operatiorn,which will comply wlth requirements of zone , B~ Wi11 special circumstances a licable to the ro ert isuch as size, shaAe, topography, surround ngs when combine~ with the standards of the Zoning Ordinance, create practica] difficulties fow use of the property and/or depri ve the property of ri ghts and prf vi 1 eges comnon to other properties in the vicinity and similiar zvne classification? Yes ; No X ; Comment: C. Wi 1l the granting of the variance be materially detrimEntal to the public welfare or 3njurious to property or improvements in the vi ci ni ty and zone? Yes ; No x; Comnents : The effects of granting the variance will be conf7ned to the prvperty in question. Ooes strict application of the zoning standard create en unreasvnable burden in light of purpose to be served by the standara? Yes x; No ; Comment: See Attachment #5 E. Woul d rel axation of the zoni ng standard make a mvre envirommental ly sensi tive or energy-tanservi ng proI ect or encvurage coi.ti nued or new . use of an historic property? Yes ; No ; Comr+ent: Relaxation of the parking standard will allow more efficient use vf same sQace and result in less cvnsumptian of land and materials. F. Nill a broader, public need or interest be served by granting verse denyi ng the variance? Yes ; No x ; Comment: `Is the case far a variance supported by other like or s milar ~ si tuatians i n the vi ci ni ty and f n simi 1 ar zones? Yes No ; Comnent: See Attachment #5. (conainued on reverse side) . ~ r H. Will granting the variance adversely affect the overall zoning design, pl an or concept for ei ther the imnedi ate area or the ent1 re County? Yes ; No X ; Comment: There will be no impact outside the parcel in question. I. Is the case for a variance substantially based upon a lack of reasonable economic return or a claim that the existing structure is too small? yes ; No X ; Comnent: Existing facility is economically feasible, hotivever, sponsor desires a.better return by . better site utilization. . J. Will granting the varlance be inconsistent with the general purpose and intent of the Comprehensive Plan? Yes ; No X ; Comnent: K. Di d the practi cal di f ficul ty whi ch gi ves ri se to the vari ance request exist before the property was ac quired by the present owner? Yes ; No X ; Comment: Practical difficulty exists because current zoning code does not adequately address parking requirements for com- bination warehouse/retail facilities. L. Wi11 the granting of the variance result in defacto zone reclassifica- ti on; that i s, the establ i shi ng of nearly al l the pri vi 1 eges comnon to a different zone classification? Yes ; No X ; Comment: All existing and future activity will comply with the requirements of the commercial and 6-3 zone. M. Does the requested vari ance resul t i n the ci rcumventi on of density regul ati ons desi gned to protect the Aqui fer? Yes ; No j ; Comment: ~~Ue naw comnlies wi h ao~t~ fgr nrotection reaulations. If a reduction in parking is allowed making an additional business on the site possible the new faciltiy will be sized and situated so that all aquifier protection regulations will be met. , 0046z/Arch. 0002z 2 + _ \ i . . . . ~ . • i i► ~ . ~Y ~ ~ ' ~ ~+1, a ~1~►~~ V ~ • ~ ~ t ~ ra ~ p ~ ~ a► . 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U~.~par-tmcrs._ has rc~:iOWC-ci Lt-ie <iLe~vc- rIefeE er,ced ~~~,p3.i c~r~ti i~i~ Tl~~+ fcal. tc~w~.r~g t_c~rrr~~,._rt~~ ~~rL:., -J4' f ~sr~c~cl ~c~r inctus;.on -ltr thE F 3 rt dit nd Or d e. iY s " C..' oncf , t -t ar-: n , AF p r c, v 4z-t 1 " -r nr) _t 1 c1 U e -6, eq up-~,> ~ be tA Ja P t~ 0 YIS LJ a I tt G 91-_ tir~VE REG' r E.WEI) HE s=1~{ i?'J ~E i-ERE~ 3 Crc-D F` F: Olw C;Sf-iL AN D HAVE NiO C,O:ISIL t(Tq TO MAf4 E CLINGERN] NS r!-~E Ai="IaL tCA1" T0Ne r r. x 414 ^t~~ ^t ~7~ I 1 J F ` ~~~~jh+ ~ PLANNIIUG DEPARTMENT BROADWAY CENTRE BUILAING N 721 JEFFERSON STItEET PMONE 456-2205 lt 9~ a4 ~ X _ SPOKANE. WASHINGTON 99260 SPOKAN[ CONNTY COUpT NOUSC FJO7l'IICIB OIF IIPOKAM COUFM ZOMUG ADMSTOR 1!'UBII.IIC EXARIING DATE: Januery 11, 1988 TIME: 9:00 a.m. or as soon therea[ter as possibie . , , . . . . , . - PLACE: SPokane CountY Plannin8 DePartment - ~2nd Floor Hearing Room, Broadway Centre Bwlding Noith 721 Jefferson Strcet spokane., wA 99260 DEC 2 1'f 988 Csse #1 ~g ~E-75-88 ti SPOI~R~lE COUN?Y ENGt{~EER ~ VARi NCE FROM OFF ~ EET PARKIN = REO REMENT: Cenerally locat,ed in the Spokane Valley south of and adjacent to Sprague Avenue and e,ast of and adjacent to Farr Road in the NW V4 of Section 20, Towaship 25N, Range 44EWM. PR O PO S AL; Applicant Beeks a variancx tro allow 411 parking spaces on the property, wherees, Secdon 14.802.040 (35) of the Spokane County Zoning Code requires 521 parking spaces, as iaterpreted by the Planning Department. EXISTINC. ZONI111G_ Commcrcial B-3 SITE SIZE: Approumately four and ninety-two hundredths (4.92) acres APPLICANT: HeUa Vista Group, Inc. 6495 Transit Road Buffalo. Ncw York 14026 AGEPff Richard Mason Inland Pacific Engineering South 25 Altamont Spokane, WA 99202 509-535-1410 ITEMS CARRIED OVER PROM PREVIOUS HEARINGS MAY BE HEARD FIRST, POSSIBLY CAUSING DELAYS. LEGAL DESQtIP'ITONS AND PROJECT DETAII,S FOR THESE PRaJIEC.TS ARE AVAII.ABLB IN THE PLANNIIVG DEPARTMENT FII.ES. APPEALS OF THE DEQSION ON TIRE ABOVE LLSTED CASE MUST BE AOCOMPANIED BY A$100.00 FEE. (Sections 4.25.090 and 4.25.100 of the Spokane County Zoning Ordinancc.)