CUE-5-94
. ~
' RFCE1 VED
,
. JUN o L,19,4
ZONING ADJUSTOR Ca* ~eoriSPOKANE COUNTY, WASHINGTON ~
IN THE MATTER OF A CONDTTIONAL ) FINDINGS OF FACT,
USE PERMIT FOR A PRIVATE DOG ) CONCLUSIONS,
KENNEL ) AND DECISION
FILE: CUE-5-94
APPLICANT: GAIL H. DICKSON
COMPANION FILE(S): AEE-16-94
APPLICATION DESCRIPTION: The applicant proposes to continue a kennel
operation to house no more than 10 adult dogs. Authority to consider such a request
exists pursuant to section 14.404.100 of the Zoning Code of Spokane County and Spokane
County Board of County Connmissioners resolution No. 89 0708, as may be amended.
PROJECT LOCATION: Generally located in the Spokane Valley, midway between Felts
Road and University Road on the south side of Fourth Avenue, in the NE 1/4 of Section 20,
Township 25N, Range 44EWM; 10412 E. Fourth Avenue.
OPPONENTS OF RECORD:
Gus Opfer George Conn Jimmie Bates
John Tanner Marie E. Hemmerling Ann L. Moos, POA for
Hemmerling
PUBLIC HEARING AND DECISION: After consideration of all available informadon
on file, exhibits submitted and testimony received during the course of the pub 'c hearing held
on Apri127, 1994, the Zoning Adjustor rendered a written decision on June i! , 1994 to
APPROVE the application.
FINDINGS OF FACT AND CONCLUSIONS
1. Testimony was ta.ken under oath.
2. The proposal is describeti above and detailed in documents contained in the file;
more particularly:
a. No outside (non applicant/owner) dogs are boarded. The applicant's kennel is a
hobby operation and not a"for profit" operation. Animals are not bred and are
seldom bought or sold.
b. The owners' dogs are her pets and are 'obedience' show dogs.
c. Five of the present dogs are "debarked." Others are on an audio monitor which
discourages barking or maldng of other noises.
d. Presently, the fenced exercise yard is not sight-obscuring.
. •
CASE NO. CUE-5-94 SPOK;ANE COUNTY ZONIlVG ADNSTOR PAGE 2
e. The applicant has applied for an Administrative Exvepdon to have a 5 foot tall
fence raxher thaa a 6 foot tall fence on the east side and south side of the
exercise area. That Administrative Exception has been grantiod. It runs with the
Conditional Use Permit and not with the land It was granted primarily tecause
the property owner on the east side has caused a large fill to be ardded to the
land, raising it to a height varying from a couple of feet below the top of the
exisdng 5 foot fence to a foot or moTe above the existing 5 foot fence.
Therefore, a 6 foot fence would not obscure dog acdvities firom the yard next
door to the east.
f. The dogs are not left unsupervised in the exercise area.
g. The owner expressed willingness to debark other dogs.
h. The dogs are kenneled at night m the applicant's house.
3. The site is zoned Urban Residential-3.5 (UR-3.5), which allows the proposed use
upon approval of this application.
4. The existing land uses in the area, of the proposal include small and medium lot
residential. Typically, uses listed as a conditional use are assumed as pemnitted in the
underlying zone, subject tA the listed standards and any other conditions needed to assure
compatibility in the given instance. Secdon 14.616.240.5 lists certain standards to achieve
campatibility, some of which the Hearing Body may exercise nominal discretion over to
achieve the overall intent of compatibility with surnounding properties. Clearly, 14.444.102
allows the Heazing Body to impose any and all manner of additional conditions and
requirements in an effort to a,chieve maximum compatibihty. In the instant situation,
construction of an additional fence immediately east of the kennel runs is necessary to screen
the view of the acdvities to the east. (See No. 6 below)
5. Spokane County Animal Control Off'ice reports there is no recorrl of barking dog
complaints; although the apphcant has had a similar number of dogs at this site for several
years.
6. Adverse testimony and written comments were received regarding the proposal.
One letter, fram the owner of an apartment building from across the street, makes no statement
with regard to having experienced any dwuption from the apphcant's property; but express
concern for loss of a tranquil envunnment. Another letter from the owner of property to the
west, incorrecdy states that the applicaunt provides boarding services. This party also descnbes
the application as being an expansion; whereas, no expansion is planned. The property owner
to the west does express that the current operation is obtrusive. Both property owners to the
east expressed that their own activity on their property has been reason or cause for the dogs to
occasionally bark at them. The owner im=ediately to the east, constructing a duplex stated that
the kennel area, can be seen from the deck of the duplex and that he objects to this view from
the deck area. Note: Of any of the criticisms, thi.s is the one most direcdy demanchng a
mitigating measure.
WJccrE-5-9anidmw
• ~
CASE NO. CUE-5-94 SPOK:ANE COUNTY ZONIIVG ADNSTOR PAGE 3
7. Although several persons' adveise comments were related to the obedience
training activities in the exercise area, that activity is not a subject of conditional use permit
deliberation.
8. The property owner m the immediate east claims the fence is lus fence and the
applicant has no right to place slats in the fence. Regardless, the apphcant has a responsibility
to come up with a 5-foot slatted fence. If that fence can be, through negotiation or otherwise,
the existing neighbor's fence, fine. If it needs to be a separately erected fence, on the
applicant's property, that needs to be done.
9. The_ County Engineers Office requests several conditions of approval.
10. The proposal is listed ui the Zorung Code of Spokane County as a conditional use
allowed in the Urban Residential-3.5 (UR-3.5) zone, and the proposal can meet the estabhshed
and applicable criteria described for that conditional use.
11. The proposal is exempt from the provisions of the Washmgton State Environmental
Policy Act, Chapter 43.21C RCW, pursuant to WAC 197-11-800 (1) (1) (iii) and the Spokane
Environmental Ordinance 11.10.070 (1), (c).
12. The proposed kennel operation, conditioned as below will not be unduly
detrimental to susmuading properties. The law does not require that all adverse impacts be
eliminated. If it did, no change in land use would ever be possible. Miranatha Mining, Inc v
Pierce Cy., 59 VVn. App. 7959 8049 8019 P 2d, 985 (1990).
13. The proposed kennel operation is consistent with the various specific standards of
the zone, as modified and extended by the condidons of approval below and will therefore
ensure relative compatibility with other permitted uses in the zone and with adjacent properties.
14. Adequate safeguards exist in the County process to monitor the progress in
developing the proposal and to monitor its ongoing compliance with the conditions of
approval.
15. Since the legislative body has listed a private kennel as a Conditional Use Pernut
within this zone, the presumption of validity rests with the use as being prubably acceptable in
the zone. The task of the Hearing Body is to condition the proposal, in additaon to the
standards contained in the Zonuig Code, so that it will have the highest chance of being
compatible with the other uses permitted in the zone and the surnounding, adjacent properties.
16. The proposal does not unpose excessive demands on pubhc ulahnes.
17. The applicant has been made aware of the recommendadons of various County
agencies reviewi.ng this project and has indicated those recommendations are acceptable.
18. The Zoning Adjustor may reqwre such conditions of approval as necessary and
appropriateto make the project most compatible with the public interest and general welfare.
19. Various performance standards and criteria are additionally needed to make the use
compatible with other permitted activities in the same vicinity and zone and to ensure against
HQXUE-5-9a n=k=
a ~
CASE NO. CUE-5-94 SP()K:ANE +Ct7UNTY Z4NING ADJUSTOR PAGE 4
impnsing excessive demands ugon public utahties, and these shall be addressed as conditions
of approval.
20. The prnper legal requirements for advertising of the hearing before the ZaYUng
Adjustor of Spokane Caunty have been met.
DECISION
Fmm the foregoing FindYngs of Fact and Conclusions, the Zotung Adjustor
APPRUVES the proposal, subject to compliance with the following
CUNDITIONS UF AP'PR4VAL
I. GENERAL
1. The following conditaons shall apply to the applicant, and shaii not run with the
Iand.
2, Failure to eomply with any of the condiaons of approval contained in this decision,
except as may be reheved by the Zorung Adjustvr, shall constitute a violation of the Zoning
Code far Spokane County and be subject to such eaforcement as is apprognate.
3. The Zcaning Adjustor may administratively make minar adjustments to site plans or
the condrtions of approval as may be judged by the Zoning AdJustor ta be witlun the c+ontext of
the a►riginal decislon.
H. PLANNING DEPARTMENT
1. The propvsal sha11 comply with all apphcable standazds of section 14.616.240.5 of
the Zvnuig Code of Spokane County unless deviaiaons, vanances or exceptions have been
lawfully granted.
2. Thns permit expues on July 1, 1996, unless renewed under the following terms:
a. Approximately 30-45 days pnor t.o expuatiion of tlus pernut, the applicant may
apply fcYr an extension of the geernut or estabhshment as a perpetual permit (for the
applicant only).
b. Such fees as are r+equired shall be crollected by the Department at renewal.
c. A search of the reaards of cvmplaints will be undertaken to see if complaints
and/or violatLon of the standands or conditians exist.
MIC'M-s-ga ~drs~►
CASE NO. CUE-5-94 SPOK;ANE COUNTY ZONIlVG ADNSTOR PAGE 5
3. The applicant shall comply with the notes and indications on the approved site plan
of 5/16/94; a copy of which is attached hereto. The rest of the 6-foot fence needs to be slatted
also, includuig the fence on the south, the fence on the west and the 18-foot=section of fence
from the west fence to the southwest corner of the shed. The kennel units themselves do not
need to be) sight-obscured fencing, nor does the shart section of fence on the south end of the
parking lot (east side of the praperty). However, additional fencing is needed opposite the east
edge of the kennels, in order to screen the kenneled dogs fram activity at the rear of the duplex
and in the yard to the south of the daplex. In ozder to accomplish this screening a 6-foot sohd
wood fence must be constructed parallel to the east line of the edge of the kennel,
approximately in alignment with the 4foot fence on the west side of the parking loL The 6-
foot fencing shall extend from 15 feet south of the lcennel area to 15 feet narth of the kennel
structure thennselves. This is shown on the attached site plan marked "Approved 5/16/94 tgm."
No screening is required on the north side of the kennel runs (as viewed from the house).
Furthermore, the addidonal descnption under F'indings of Fact and Conclusions number 2 is
hereby adopted as a project specific descripdon associated with this site plan.
4. The b foot tall,solid fence opposite the kennel runs shall be mstalled by 8/1/94. The
other fence improvements shall be installed by 7/1/'95.
5. If there are complaints of record with the Small Animal Control Office with respect
to barking dogs, the Planning Departinent may administratively duwt the applicant to have the
offending dogs "debarked."
6. Nottung in this permit speaks to, either positively or negaavely, ui reference to
obedience training on the site, either associated with the owners dogs or dogs of guests of the
owner.
7. If the Zoning Adjustor beheves there are extenuating circurnstances-associated wnth
the renewal of the pernit, he/she may cause there t+o be a pubhc hearing and reconsideralaon of
the pernut; the notificanon expense shall be that of the county if such reconsideration takes
place.
8. The Planning Deparmaent shall prepare and record with the Spokane County
Auditor a Tide 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 Trtle Nonce shall serve as
public notice of the conditions of approval affecting the property in questaon. The Tide 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 Planning Department The Tide Notice shall generally
provide as follows:
The parcel of property legally described as is
the sulbject of a land use action by a Spokane County Hearing Body or
Acliadnistratiee Offacaal on , imposiaag a varfety of special
dedelopment conditions. Fide N0. is available for inspection
and copyeng in the Spokant County Planning Department.
MXWE-s-9a Dicksm
0
CASE NO. CUE-5-94 SFOK:ANE COUNTY 7ANIIVG ADNST'OR PAGE 6
III. IDEPAiiT1lEENT OF BgJILDYNGS
None is needed.
IV. D"IOIlT OF UTIH..I'I'IES
None is needed.
V. SPOKANE COUN~~ HEALTH DISTItICT
1. Sewage disposal method shall be as authonzed by the Director of Utilities, Spokane
County.
2. Water service shall be coordinated through the Director of Utilities, Spokane
County.
3. BVater service shall be by an existing pubhc water supply when approved by the
Regional Engineer (Spokane), State Deparnnent of Health.
4. Subject to specific application approval and issuance of pernuts by the health
officer, the use of an individual on-site sewage disposal system may be authorized.
5. The Spokane County Health Distact's Rules and Regulations for Solid Waste
Management and Handling address the disposal of wastes from arumals in the following ways:
,coon 1.06.20 2 h-' On-Sitg Storages Collection and Transportation Standards for
S,e
Solid W s e
h. Disposal of wastes from household pets may be by bunal, to the sanitary sewer
system if acceptable to the sewer operating entity, into a tied bag for collection as
garbage, or by other methads as approved by the Distnct.
i. On-site storage and disposal of solid wastes from animal kennels, shelters, or
stables shall conform to the standands of this Section, and Secnons 1.06.300 and
.420, as applicable.
j. Animal wastes shall not be collected, deposited, or allowed to remaui in any place
to the prejudice of other persons as descnbed in RCW 7.48.140. (1).
In regards to the wash-down wastie water fiom cleaning the pen areas, there are no
Spokane County Health District permits required for its d.isposal. Consult-with the Department
of Ecology for this generated waste water disposal. The kennel should be operated and
maintained in a manner so as to not create,a nuisance.
WXvE-sAa nLdk=
CASE NO. CUE-5-94 SPOK:ANE COUNTY 7ANIIVG ADNSTOR PAGE 7
VI. DIVISION OF ENGINEERING AND ROADS
The following shall be ininated no later than July 15, 1994.
1. Dedication of 10 feet of additional right-of-way along 4th Avenue is requu-ed.
2. Applicant shall sign and record Spokane County Notice to the Public No. 6 wluch
specifies the following.
The owner(s) or successor(s) in interest agree to authonze the County to place theu
name(s) on a petition for the formanon of a Road Improvement Distnct (RID) by the
petition method pursuant to Chapter 36.88 RCW, wluch petafton includes the owner(s)
property, and finther not to object, by the sigrung of a ballot, the fonmation of a RID by
the resolution method pursuant to Chapter 36.88 RCW, which resolution includes the
owner(s) property. If an RID is formed by either the petiaon or resolution method, as
provided for in Chapter 36.88 RCW, the owner(s) or successor(s) further agree:
(a) that the unprovement or construction contemplated wnthin the proposed RID is
feasible;
(b) that the benefits to be derived from the formation of the RID by the property
included therem, together wnth the amount of any County participation, exceeds
the cost and expense of formation of the RID; and
(c) that the property within the proposed RID is sufficiently developed.
Provlded further that the owner(s) or successor(s) shall retain the nght, as authorized
under RCW 36.88.090, to object to any assessment on the property as a result of the
improvements called for in conjuncaon with the formadon of the RID by either petition
or resolution method under Chapter 36.88 RCW.
This requuement apphes to 4th Avenue, from which the subject parcel takes access.
3. The County Artenal Road Plan idenafies 4th Avenue as a collector arterial. The
existing right-of-way wndth of 40 feet is not consistent with that specified in the Plan.
In order tQ implement the Arrerial Road Plan, in addition to the required right-of-way
dedicanon, a strip of property 5 feet in width along the 4th Avenue frontage shall be set
aside in reserve. This property may be acquired by Spokane County at the time when
arterial improvements are made to 4th Avenue.
NOTICE: PENDING COMPLETION OF ALL CONDTTIONS OF APPROVAL WHICH
NEED Ti0 BE COMPLETED PRIOR Ti0 PERMIT ISSUANCE, PERMITS MAY BE
RELEASID PRIOR TO Z'BE LAPSE OF TBE TEN (10)-DAY APPEAL PERIOD.
HOWEVER, TBE COUNTY HAS N4 LIABII.ITY FOR EXPENSES AND
INCONVENIENCE INCURRED BY TI-E APPLICANT IF THE PROJECT APPROVAL IS
OVERTURNID OR ALTERED UPON APPEAL.
WXTE-5-%1kcksm
• J
GASE NO. CUE-5-94 SPOK:ANE COUNTY ZONING ADNSTOR PAGE 8
DATED this day of June,1994.
S G. OSHER, AICP
Zoning justor
Sp e Coun , Washington
FII.ID:
1) Apphcant (CertLfied/Retuna Receipt Mail)
2) Opponents of Record
3) Spokane Division of Engineenng and Roads
4) Spokane County Health District
5) Spokane County Division of Utihties
6) Spokane County Department of Btuldi.ngs
7) Spokane County Small Animal Control
8) WA State Department of Ecology, Spokane
9) Planning Department Cruss-reference File and/or Electronic File
NOTE: ONLY TBE APPLICANT OR AN OPPONENT OF RECORD MAY FII.E AN
APPEAL WITHIIN TEN (10) CALENDAR DAYS OF TBE ABOVE DATE OF SIGNIIVG.
APPEAL MUST BE ACCOMPANIED BY A$210.00 FILING FEE. APPEALS MAY BE
FILED AT TBE SPOK;ANE COUNTY PLA►NNING DEPARTMENT, PUBLIC WORKS
BUII.DING,1026 WEST BROADWAY AV'ENUE, SFOK:ANE, WA 99260 (Section
14,412.042 of the Zoiung Code for Spokane County).
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Aoeci NamelNo: Y ~d F~ l t ov
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, Pf6~lAd By /~°O•, RE ~i
aaq.~y~c~: Dpv) No. 6 NuY ~U ►I f'►~ ' y`~
POTICE TO THE PUBLIC
a RID WAIVER, AGREEMENT AND COVENAPITt Y01 16 -p
AGE
KNOW ALL MEN 8Y THESE PRESENTS, That Klrk E Dickson and Gail H Dickson,
~
husband and wife,
being the owners of the following deecribed lande in consideration of Mutual
eenefita to be hereafter derived do for themeelvee, their heire, grantees, assigns
and auccesaor(s) in intereet hereby agree to authorize Spokane County to place their
name(a) on a petition for the formation of a Road Improvement Dietrict (RID) by the
petition method pureuant to Chapter 36.88 RCW, which petition includee the owner(e)
property, and further not to object, by the eigning of g ballot, or not to protest
to the forrnation of a RID by the resolution method pureuant to Chapter 36.88 RCW,
which reeolution includes the ow»er(e) property. If 8 RID ie formed by either the
petition or reeolution method, ae provided for in Chapter 36.88 RCW, the owner(e) or
eucceseor(e) further agree: (1) that the improvemente or conetruction contemplated
within the propoeed RID are feaeible, (2) that the benefite to be derived from the
formation of the RID by t}ie property included therein, together with the amount of
any County participation, exceede the coet and expenee of formation of the RID, and
(3) that the property within the propoaed RID ie eufficiently developed Provfded,
further, the owner(e) or aucceeeor(s) ehall retain the right, ae authorized under
RCW 36.88.090, to object to any aeeeeament(e) on the property ae a reault of the
improvemente called for in conjunction with the formation of a RID by either the
petition or reeolution method under Chapter 36.88 RCW and to appeal to the Superfor
Court the decieion of the Board of County Commieeionere affirming the final
aseesement roll
It ie further agreed that at euch time ae an RID ie created or any Road Improvement
Project ie eanctioned by Spokane County, the improvemente required (curb, eidewalk,
drainage control and paving to exieting pavement) ehall be at the eole expense of
the undereigned owner, theiz heire, qrantees and aesigns without any monetary
participation by Spokane County.
. ~
The RID waiver contained in this agreement ehall expire after ten (10) years from
the date of execution below. However, at the expiration date the owner(e) or
eucceaeor(s) aqree to construct the required improvemente at their own expeneel pay
to Spokane County the then eetimated coet of the required improvemente to enable the
County to complete the eamef or fwrnieh a bond or other eecure method suitable to
the County, providinq for or eecuring to the County the actual conetruction of the
improvemente.
The above conditione and covenant apply to the following described property:
The East 98.16 feet of the West 229 04 feet of the North Half of Tract 231
of OPPORTUNI-TY, as per plat thereof recorded in Volume "K" of Plats, Page 20;
situate in the County of Spokane, State oF Washington
EXCEPT: The South 320 00 feet
ALSO EXCEPT. The North 10.00 feet
Located in Section 20, Township 25 North, Ramge 44 East, W M.
(over)
r
VOt ~ a(; PAGE.~6 %3' 4
These requiremente are and ehall run with the land and ehall be binding upon the
owners, their heire, eucceseore or aaeigne.
IN WITIIESS WHEREOF, We have hereunto eet our hand(e) and aeal(e) th,ie day
of ~ -en , 1994 .
„
Kirk E. Dickson
C-d e-'l '
~ iGai1 H. Dickson
STATE OF WASHINGTON
COUNTY OF SPOKANE ) ee
On thia day personally appeared before me Kirk E and Gail H Dickson
pereonally known to me to be the individual(s) who executed the forgoing inetrument
and acknowledged the eaid inetrument to be the free and voluntary act and deed of
said individual(s), for the ueee and purpoeee therein mentioned.
Given under my hand and eeal thie 3,1W day of 2r-")40V-10d9CAA , 1994
,
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* WOTARYPUBUC ~ No Public In and for the State of
~ FOR THE STATE OF WA8NiP1aT~! ~ Y
pqyMpNpT, pAppN * Washington
# hIY COMMISStOId FJ(PlAEB: ~ reeidinq at Spokane
~ JUNE 21.1897 ~ .
My Appointment Expires
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9432020244 Portion of Assessors Parcel No. 4~201. 1907 f
CUE 005-94
SPOKANE COUNTY ENGINEERING DEPARTMENT
Spokane County, Washington ypl. 16 17QAGE I 140
RIGHT OF WAY DEED
IN THE MATTER OF FOURTH AVENUE , RF No. 1292
,
KNOW ALL MEN BY THESE PRESENTS ~ that Kirk E. Dickson and Gail H. Dickson,
husband and wife,
For and in consideration of Mutual Benefits, grants and conveys to
Spokane County, the following described parcel of land, situated in
Spokane County, State of Washington, to-wit:
The North 10.00 feet of the East 98.16 feet of the West 229 04 feet of the
North Half of Tract 231 of OPPORTUNITY, as pPr plat thereof recorded in
Volume "K" of Plats, Page 20;
This Deed fulfills requirement for Right of Way dedication as set forth by
Findings and Fact for CUE 005-94
Located in Section 20 , Township 25 North, Range 44 East, W.M.
TO HAVE AND TO HOLD the same, unto the said Spokane County for the
purposes of a public road fqrever.
IN SdITNESS WHEREOF, the undersigned has ca sed this instrument to be
executed on this _jo day of 41ay P~ ~-~..1994 ,
u r1C: . ~
"T"Y~D7~ ~ L ~
IYA Kirk E Dickson
~
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- Gail H Dickson
t
STATE OF WASHINGTON )
COUNTY OF SPOKANE ) ss
On this day personally appeared before me Kirk E. and Gail H. Dickson,
.
personally known to me to be the individual(s) who executed the
foregoing instrument and acknowledged the said instrument to be the free
and voluntary act and deed of said individual(s), for the uses and
purposes therein mentioned.
Given under my hand and seal this day of /l/o v-f M~ P! , 19 94 .
~f~f*t~~**~~~~*~*~~~~f~**
NCTAiiY PUBUC
*POHTNESTATEOFWASHINdTON* N a Public Intand for the State of
pAYMOND T. MOON ~ y
* MYCOMM183tON D(PIRES' ~ Washington, res iding at Spokane.
~ JUNE 21.1897 *
►oRr,oyXformslnvdeed~tt******+**'~~*4~i~r My Appointment Expix'es
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S P ~ K A N E Y- ,.,~~~,,,q ~;~•;ti W-~~.,
- PLANNING DEPARTMENT WALLIS D. HUBBARD, DIRECTOR
6 i 2 -i 1994
nn~= „ry . n;rT
wLLy E„Z
October 21,1994
Gail Dickson
10412 E. 4th
Spokane, WA 99206
RE: CUE-05-94; CONDITIONAL USE PERMIT FOR A DOC' KENNEL
I will soon be inspecting, or may have done so already by the rime you receive this letter, your
property and specifically the dog kennel facility. I will advise you as to the results of that
inspection if there are any problems which need to be addressed.
However, I am aware of one problem which you must begin to resolve immediately. Failure to
resolve this in the near fucune will result in your file being turned over to Zoning Enforcement.
You may recall that the Division of Engineering and Roads specified that several items be taken
care of before July 15, 1994. I checked with the County Engineer's Office and they have no
record of an action being taken on your part to initiate these circumstances. I have attached page 7
of the de ' on to approve your kennel facility. Ple ontact Scott Engelhard at 456-3600 at your
earl' onvenience. He will walk you throug process of complying with these conditions of
val.
THOMAS . MOSHER, AICP
Senior Planne
hrd
Enclosure
c: Scott Engelhard, County Engineer's Office
WEST1026 BROADWAY AVENUE SPOKANE, WASHtNGTON 99260-0240 •(509) 45G-2205
.
, ~ . .
ENGINEER'S REVIEW SHEET
BLDG. PERMIT #-or -FILE# CIJE=005-94-94
Related File # ( )
Date to Review 4-27-94 Time 9:45 # 2
Date to AA- & DR Time
Date Received 3-29-94
Project Name PRIVATE KENNEL 11 DOGS 5' FENCE (CODE 6') No. Lots No.Acres 32,3SF
-Section - Township - Range
SITE ADDItESS 10412 E 4TH/W UNIVERSITY PARCEL # 20541-1907
Applicant's Name GAIL H DICKSON Phone # 928-7592
Address 10412 E 4TH-SPOKANE WA 99206 Work # 448-1444
Date Conditions mailed
Contact person Phone #
FLOOD ZONE ✓ NU W S SCHOOL
Engineer / Surveyor's i Architect's Name
Planning Contact Person Phone # 456-2205
Date Submitted Description ' Initials
AGREEMENT TO PAY FEES OR PRIORITY FEE COMPLETED & COPY TO ACCOUNTING
FINAL PLA1' FEES COMPLETED & COPY TO ACCOUNTING
. m ~'t7
d/_f YNOTICE TO PUBLIC # 1 3 4C61 OMPLETE - OR NEEDS TO BE SIGNED
DESIGN DEVIATION SUBMITTED
ALTERATION TO PLAT - BLOCKS & LOTS
HEARING EXAM _APPROVED _DEMED-_A.PPFALED BBC / PROJECT _APPROVED _DENIED
t~ f
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k\p%review.tor
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OFFICE OF THE SPOKANE COUNTY ENGINEER
1026 W Broadway Ave, Spokane, WA 99260-0170 (509)456-3600 Fax 324-3478
-CONDITIONAL USE REQUIREMENTS-
TO: Spokane County Planning Department, Zoning Adjustor
FROM: Division of Engineering & Roads, Scott Engelhard ~E-
DATE: April 26, 1994
SUBJECT: CONDITIONAL U3E #CIIE-05-94 / DICKSON, GAIL H.
The Spokane County Engineerinq Department has reviewed the above referenced
application. The followinq comments are offered for inclusion in the
Findinqs and Order as "Conditions of Approval" should the request be
approvede
E19 The worcl "applicant" sha11 include the owner(s) of the property,
his/her heirs, assigns and successors.
E13 Dedication of 10 feet of additional Right-of-Way along 4th Avenue,
E60 Applicant shall sign "Spokane County Notice to the Public Number 611 which specifies the following: ~i
1> That the improvement or construction contemplated
within the proposed RID is feasible.
2> That the benefits to be derived from the formation of
the RID by the property included therein, together with
the amount of any Spokane County participation, exceed the
cost and expense of formation of the RID.
3> That the property within the proposed RID is
sufficiently developed. Provided, further, the owner(s)
or successor(s) shall retain the right, as authorized
under RCW 36.88.090, to object to any assessment on the
property as a result of the improvements called for In
conjunction with the formation of the RID by either
petition or resolution method under Chapter 36.88 RCW.
This provision is applicable to 4th Avenue from which the
subject parcel takes access.
E61 The County Arterial Road plan identif ies 4th Avenue as a Collector
Arterial. The existing right of way width of 40 feet is not
consistent with that specified in The Plan. In order to implement the
Arterial Road Plan it is recommended that in addition to the required
right of way dedication, a strip of property 5 feet in width along the
4th Avenue frontage be set aside in reserve. This property may be
acquired by Spokane County at the time when Arterial Improvements are
made to 4th Avenue.
E90 The applicant should be advised that there may exist utilities
either underground or overhead affecting the applicants
property, including property to be dedicated or set aside
future acquisition. Spokane County will assume no financial
obligation for adjustments or relocation regarding these
utilities. The applicant should check with the applicable
utilities and Spokane County Engineer to determine whether the
applicant or utility is responsible for adjustment or
relocation costs and to make arrangements for any necessary
work.
:
~ • I` ~ ( ~ ~ ~ ' '4~ ~ , _
S P O K A N E O U N T Y
PLANNING DEPARTMENT WALLIS D. HUBBARD, DIRECTOR
MCD'II'HCIE (DI~ SED(OKANIE (CGURTT7Y 7LONIIRTG AIIDJJUSTOIR IPUBILEC
I~IIIE~II~~IY~
7-~
~ e.a +f. 1 6~
DATE: April 27, 1994
TIME: 9:45 a. m. or as soon thereafter as possible MAR
PLACE: Spokane County Public Works Building
Commissioners Assembly Room SPOKAM COUPt7Y ENC~NE~ ;
1026 W. Broadway
Spokane, WA 99260
AGENDA ITEM 2 File: CUE-05-94 & AEE-16-94
CONDITIONAL USE PERMIT FOR A PRIVATE KENNEL AND
ADMINISTRATIVE EXCEPTION TO ALLO'DV A FIVE FOOT HIGH,
SLATED FENCE
LOCATION: Generally located in the Spokane Valley, midway between Felts Road and
University Road on the south side of Fourth Avenue, in the NE 1/4 of Section 20,
Township 25N, Range 44EWM; 10412 E. Fourth Avenue.
PROPOSAL: The applicant proposes to continue to operate an existing private kennel
for less than eleven dogs. Secrion 14.616.240.5 of the Zoning Code of Spokane County
allows such a use upon issuance of a conditional use pernut. The applicant also proposes
to substitute an existing 5 foot high chain link fence (with slats to be added) on the east
property line for a 6 foot high sight obscuring fence as required by subsection
14.616.240.5.c. of the Zoning Code.
EXISTING ZONING: Urban Residentia13.5 (UR-3.5)
SITE SIZE: Approximately 32,340 square feet
APPLICANT: Gail H. Dickson
10412 E. 4th Ave.
Spokane, WA 99206
All meetings and hearings will be conducted in facilities which are accessible to disabled
individuals. For more particular informarion, please contact the Spokane County Planning
Department at (509) 456-2205.
NOTE: THE ZONING ADNSTOR WILL ISSUE A WRITIEN DECISION TO APPROVE OR DENY
TI-E ABOVE PROPOSAL. ONLY 1'HE APPLICANT OR AN OPPONENT OF RECORD MAY
APPEAL THE ZONIlVG ADNSTOR'S DECISION AND MLJST DO SO PfITHIN TEN (10)
CALENDAR DAYS OF THE DATE OF Tf-E DECISIONS SIGNING. APPEALS MUST BE
ACCOMPANIED BY A$210.00 FEE. APPEALS MAY BE FII.ED AT THE PLANNING
DEPARTMENT, SPOK:ANE COUNTY PUBLIC WORKS BUII.DING, 1026 WEST BROADWAY,
SFOKANE, WA 99260 (SECTION 14.412.042 OF THE ZONIIVG CODE OF SPOKANE COUNTY).
THE ABOVE REFERENCED FILE MAY BE EXAMINED AT THE PLANNING DEPARTMENT.
WFST 1OZfi BROADWAY AVENUE • SPOKANE, WASHINGTON 99260-0240 •(509) 456-2205
i ' , . .
, .
4~<< . . . . - . • . .
SPOK:ANE COUNTY P G DEPARTMENT
APPLICATIONS BEFORE THE ZONINC AD.TUSTOR
Certificate of Exemrtion No.: CF_' -
~q - . Arrlication No.: ~
Name of Applicant: ~ AlL V4 I CGV.-f ~stgAgent: Y@
S treet Address: 1 844 I 2 5,`
Zip Phone - Home:
City: 4tc.14 to C" State: ~A Code: 2-0 4a Work: (44?- 1 ~4(A~
Agent's No.:
Name of Property 4wner(s): Rd~ V It i A 1c, t> !C*, S fl~
Street Address: 6 . -F,
. Zip Phone - Home: 61 Z, _Vrq Z~l
City: w ~ State: Code: 0 ~ Work: -L144
REQUESTED ACTION(S) Circle appropriate action):
Variance(s) Conditional Use Pernut Expansion of a
Other; Nonconfornaing Use
FOR STAFF USE ONLY
Violation/ ,
Section-aD_ Township Range~ Enforcement: CD
•Lot and legal checked by: •E ment legal checked by:
- -CWSSA Water M!Y~r ):•ULID A m nt •Existing zone: ~ Ci c bl Section• •
•Arterial Road Pl~.n esignation: Comp. Pl d signario
•Fire District: ~ •Pe sonnel doing preapp conf.:
•O er/ revi us Pl ' g Deparnnent actions involving this property: .
/Zvr
• earin Date• ain agreement checked by: '
~
ABOUT THE P OPERTY
•Existing use of property: _ ~ ~ I itt. ~E_Wz
-Describe proposed use of the property: _ k IJb ~L--
. .
. . ,
de ~pppcadon;vswtezthi Cqde-stanli'ard h escribe the varian able terms:
.
.
• a cond.itional use permit application, does propo rr3ee*,a11 standards? Y. N.
If not, has one or more variahC~"s.bee~ec}uested' Y N
• S~r.si
•What is the size of the riginal,parc 1 if this proposal is a recent or proposed divisionT
c
•S treet ad ess of property (if known): 0 l'z- -J~F Q* AUEE
•Legal descniption of prope(include ea.sement, if applicable): 2JP4 lt-`~r (~I" O
• b 1? tj 4 2 c.. x. o F~r
rir.'
•Parcel No(s).: -
•Source of legal: •Total amount of a.djoining land controlled by this owner, sponsor an o agent: -
•What interest do you (applicant) hold in the property? -
STATE OF WASHINGTON ) S S
COUNTY OF SPOKANE )
I SWEAR, UNDER PFNALTY OF PERJURY, THAT: (1) I AM THE OVVNER OF RECORD OR
AUTHORIZED AGENT FOR THE PROPOSED SITE; (2) IF NOT THE OWNER, WRITTEN PERMISSION
FROM SAID OWNER AUTHORIZING MY ACTIONS ON HIS/HF.R BEHALF IS ATTACHED: AND (3)
ALL OF T'HE ABOVE RESPONSES AND THOSE ON SUPPOR'TIlNG DOCUMENTS ARE MADE
AND TO THE BEST OF MY KN4WLEDGE.
,4 LINQ LZ&_,,Zy % Signed: .~---J
Address: o / ~ ~fZ- 6
o ~ gQz,~ 6
Ph e No., . Z- z.Date: 2• -I 6-- 95/
~
S
Z ~ u' in d for the st te of Washington, residing at
. y appointment expires:
I-A
VVAS~ page 1 of 2
A. BURDEN OF PROOF
It is necessary for the applicant or his/her representative to establish the reasons why the
REQtTESTED ACT'ION should be approved and to literally put forth the basic argument in favor
of approving the application. Accordingly, you should have been giiven a form for your requested
action (vanance, cond.itional 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 applicadon.
B. SIGN-OFF BY COUNTY DEPARTMENTS AND OTHER AGENCIES
1. SPOKANE COUNTY HEALTH DIS . T ,
a) Proposed method of water supply:
b) Proposed method of sewage disposal:
A preliminary consultatio as been held to d.iscuss the proposal. The applicant has been informed
of r ' ements stan ~ v2
and ( igna ) (Da (Sign-off Waived)
2. SPOKA,NE C UNTY ENGINEERING DEPARTMENT
A preliminary co lta 'o s been held to discuss the proposal. The applicant
has been info of inents an dards.
~ 9:,/
(Signature) (Date) (Sign-off Waived)
,3. SPOKANE COUNTY UTILITIES DEPARTMENT (Planning Department may waive
if outside VJ'WMA)
A preliminary consultation has been held to discuss the proposal. The applicant has been informed
of require n s d ds.
(Signature) (Date) (Sign-off Waived by Planung?)
The applicant is required to discuss the ProPosal with
to become informed of water system
requirements and standards. (See #4 below)
The aPPlicant is required to discuss the ProPosal wi -
[ J th
to become informed of sewage disposal
. requirements and standards. (See #5 below)
_4. WATER PURVEYOR:
•
Dg~
a) The proposal isLr,"~ located within the boundary of our future service area.
b) The proposal i,slocated within the boundary of our current district.
c) ab e to serve this site with adequate water.
d) ra' facto Vairgements ~,/have not been ma e to serve this proposal.
~
rignafid)F (Date)
'5. SEWERAGE PURVEYOR:
A preliminary consultation has been held to discuss the proposal. The applicant has been informed
of requirements and standards.
(Signature) (Date)
~
L
rv y Pi ►~1 t.~'`•
page 2 of 2
za; APp
xEV; 1/91
r....._
CONDITIONAL USE PERMIT BURDEN OF PROOF FORM
Name;
File:
ti'. GONDITIONAI, U.SE.S State I.aw, Section 36.70.020 (7), clanfies that the County
regulations must specify the standards and criteria that shall be
applied in the review by the Zoning Adjustor. Additionally,
condidon of approvai' may be added to assure compatibility with
other uses in the same zone.
A. Assuming the proposal is listed as a"permitted" cond.itional use, do you believe the
propos.al meets all of the required, established and applicable standards?
B. If you cannot meet the cond.itional uses required standar,ue you seeking relief by
applying for an a.dministrative exception or a Variance?~Yes ~ No (Circle One)
C. What have you done or could you do to:
1. Ma.ke the use compatible with other pernutted acdvities in the same vicinity or
zone?
'l-1'►~~ ~L m l:~'~ ~ 1~-~ 1~~ l l~C~
2. Ensure aga.inst unposing excessive demands upon public utiliaes?
`o ---c-~,~~i~rr ~
D. Explain how or why the proposal will not be detrimental to:
~i1
1. The Comprehensive Plan: A ~ A-49~ 00
and
2. Surrounding proPenY: --1:61LL a~ .12C FFFZC-T"~
E. What reasonable restrictions, conditions or safeguards will uphold the spirit and intent
(health, safety and general welfare) of the Zoning Code AND mitigate any adverse
effect upon the neighboring propera,es including but not limited to: 1) time limits; 2)
front, side or rear yard greater than minimum stated; 3) suitable landscaping; 4) signing;
5) off-street parldng; and 6) others?
AUL 6 b cb ilTl b b.)~' ka.') l t.,t,., --R E Ih E-r, `
jw*,
9:
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CUP; DURDQN OF PROOF PURM
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SPOK:ANE COUNTY PLASNNING DEPARTTfENT
APPL.ICATIONS BEFQRE THE ZONING AD TUSTOR
Certificate of Exemption No.: Application No.:
Name of Applicant: jC-,iA►l_L= `b)~~~ Agent: YN
- ~
Street Address: 10 e,
Zip Phone - Home:
City: Sp o DLA 1o State: WA Code: _6L!- Z, 0 4 Work: - I tW
Agent's No.:
Name of Property Owner(s): ~ It~
Street Address: 4
. . : Zip . Phone - Home: - ~
City: Sta.te: ~ Code: Work:
REQUESTF.D ACTION(S) Circle appro riate action):
Variance(s) Conditional Use e mit) Expansion of a
~ . .
-T! Nonconfornaxn Use
Other•, g
FOR STAFF USE ONLY ` . Violation/
Section_~ Township~ Range ~ Enforcement: Y (N)
•Lot and legal checked by: •Easement legal checked by:
•CWSSA Water (purveyor): •ULID Agreement needed: Y N
•Existing zone: Cite Applicable Section;
-Arterial Road Plan designation: •Comp. Plan designation
~ •Fire District: •Personnel doing preapp conf.:
" •Other/previous Planning Department actions involving this property:
• earin Date•
IW- •Main agreement checked by: t
~ 11
ABOUT THE P OPERTY
t-
•Existing use of pmperry. _
•Describe proposed use of the property: _ ie 1 b s c1%w-miVt;-i--
. • C, _ T,. . , »
i • r
: ' ' de LPplication~4teith,eCi~ie-standard 2 cL escribe the varian ssutght iu.COmp=ble terms: ti1►. ■ , ~
r ~ . .
~ ..,,.,r
a conditional use permit application, doespropo rnee*all standards? Y,,
t, Y, V , _
If not, has one or more variaho~"sbe4tequj~ed . Y N. ~ ~=~t i
•What is the size of the riginal, arc 1 if tbis proposal is a recent or proposed d.ivision? •
• S treet ad ess of property (if 1Qiown) : e~'t- ~ c~.~L A~ t~ ~
•Legal description of roperty (include easement, if applicable): ~ k6kx op,
~
~SE' ►o~ APIZ7,~ 1►~ v 2 ~ 710
•Parcel No(s).: -
•Source of legal: -
•Total amount of adjoining land controlled by this owner, spo V •What interest do you (applicant) hold in the property? 23~agent:
-
STATE OF WASHINGTON ) S S . - . - , ' - - - . .
COUNTY OF SPOK:ANE )
I SWEAR, UNDER PENALTY 4F PERJURY, THAT: (1) I AM TFE OVVNFR OF RECORD OR
AUTHORIZED AGENT FOR THE PROPOSED STTE; (2) lF NOT THE OWIVER, WRI'I'I'EN PERMISSION _
FROM SAID OWNER AUT'HORIZING MY ACfIONS ON HIS/HER BEHALF IS ATTACHED: AND (3)
ALL OF THE ABOVE RESPONSES AND THOSE ON SUPPORTING DOCU1ViENTS ARE MADE
TRU►THFULLY AND TO TBE BEST OF MY KNOWI.EDGE.
Signed:
Address: -
~ Phone No.: - Date:
NOTARY SEAL:
. Notary Public in and for the state of Washington, residing at
My appointment expires:
. . . . . . . ^-C:. . . . - . .
. :
page i` 2-: = _ .
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_ ~ . ~ . ~ ~ - . - . . .
A. BURDEN OF PROOF - -
It 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 argument in favor
of approving the 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 Zoni.ng Adjustor must consider. Please fill the form out and return
it with your application.
B. SIGN-OFF BY COUNTY DEPARTMENTS AND OTHER AGENCILS
1. SPOKANE COUNTY HEALTH DIS T f
a) Proposed method of water supply:
b) Proposed method of sewage d.isposal:
. ~ .
A preliminary consultatio as been held to discuss the proposal. The applicant has been iaformed
of r ' ements stan . - _ . .
~
( igna ) (Da ~ (Sign-off Waived)
2. SPOKANE C UNTY ENGINEERING -DEPARTMENT
A preliminary co ta 'o been held to discuss the proposal.' The applicant
has been info of inents an dards. ~
~ -
(Signature) .(Date) (Sign-off Waived)
3. SPOKANE COUNTY UTILITIES DEPARTMENT (Planning Department may waive
if outside VAWMA)
A preliminary consultation has been held to discuss the proposal. The applicant has been informed
of require n s d 221~ds. '
(Signature) -(Dat~e) ' (Sign-off Waived by Planning?)
The aPPlicant is r~nired to discuss.theP
, roPosal.with
L J
to become _informed. of water system
requirements and standards. (See #4 below)
~ . ~ ~ - . . ~ ~ / • J t ~ • _ ' . . . - - .
The applicant is required to discuss-the proposal with.
~
to-become informed of sewage disposal
requirements and standards: (See #5 below) - ~
,r .
.4. WATER PURVEYOR. _
a) The proposal ys[~~located within the boundary of our future-service area.
b) The proposal yslocated within the boundary of oiir current district.
c) mwM ab e to serve this- site -with adequate water.
e this proposal.
d) a' facto arr gements ~have. not been -ma e to serv
~
figgna (Date) .
. '+5. SEWERAGE PURVEYOR:
- , . -
A preliminary consultation has been held to discuss the proposal. The applicant has been informed
of requirements and standards. _ . - ,
~
(Signature) , ~ (Date) ~
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PERMIT CENTER PASSPORT
Date: Numbet:
Phone
Name
Address
Comments:
CUSTOMER ROUTING •
. .
-
_ ,
ENGINEEA;S ;t~e~ Pe'rtment
P NNING.De :artment.
~ BUILDING Department : . ~ LA, P
~
= Addressing i Adinin. Euception = Approach Permit
i Building Permit : Arterial Rd P1an Info ~ F7ood P1ain Permit
i Code Informatian ~ Binding Site P1an Info ~ Public/Private Roads
_ Cocnmercial Review s CerG of Exemption ~ Res. Bldg Permit Rev.
= Conference ~ Comprehensive P1an ~ Site Drainage Info
i Energy Code Info _ Cond. Use Perrnit ~ Subdivision Review
i Fire Safety Review i Nonconforming Use ~ Utility Permit
Manufactured Home Permit Review Zone Change Review
L Mechanical Permits ~ Shorelines Info
Other Permits Short Pfat Info O QUIRED
r ' Tune out
F Plumbing Permits Subdivision Info O Z, ~ a
~ f.
Private Road Info Temp. Use Permit ttt~'tAh~,,
_ Residential Review ~ Variance Appl. ~ APA Payment
Sewer Permits Zone Check Cert. of Fxemption
Zone Info Subdivision Review
ULID/Sewer Info
i Zone Qiange Review
NO FEE REQUIRED NO ••E REQUIRED
Reviewer Time out Reviewer Tiroe out Rev'e r 7"we out
"'iER1PASSFOR1.CiR ?/1N93
v
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Portion of Assessors Parcel No. 45201.1907
SFOKAr1E COUi1TY EfJGIrJEERII4G DEPARTMEi~T !
Spokane County, Washington
i
RIGHT OF WAY DEED ~
IN THE MATTER OF FOURTH AVENUE
, P.F PIo. ,
KNOW ALL MEN BY THESE PRESENTS, that i'; .
For and in consideratioll of r-sutual BellCflts, grants and con~Teys to
Spokane County, the following described parcel of land, situated in ~
Spokane County, State of Washington, to-~,.Tit :
The North 10.00 f.eet of the East 98.16 feet of the West 229.04 feet of
North Half of Tract 231 of OPPORTUNITY, as per
Volume "K" of Plats, Page 20;
This Deed fulfills requirement for Right of Way dedication as set forth by
Findings and Fact for CUE 005-94
Located in Section 20 , Township 25 North, Range 44 East, W.M.
TO HAVE AND TO HOLD the same, unto the said Spokane County for the
purposes of a public road fq.rever.
IN WITNESS WHEREOF, the undersigned has caused this instrument to be
executed on this _jo day of e,. P," Y,. 1994 .
' P
-
Kirk E. Dickson
~.6
~d (
cai 1 fi. n i.ckson
STATE OF WASHINGTON )
COUNTY OF SPOKANE ) ss
On this day personally appeared before me Kirk E. and cail H. Dickson,
.
personally known to me to be the individual(s) who executed the
foregoinq instrument and acknowledged the said instrument to be the free
and voluntary act and deed of said individual(s), for the uses and
purposes therein mentioned.
Given under my hand and seal this day of o V-e M~ P! , 1994
.
~ NoTARr Pueuc r. 0,
* F'pR THE 8TATE OF WASHINOTON *
FiAYMONDT.MOON * N a y Public In and for the State of
* k11fCOMMIS310NEXPIRES: *
Washington, residing at Spokane.
* JUNE 21, 1997 *
My ApPointment Expires ~ i~/- ~j'i►'
ro(woyllarms\n+-deeAV
c~~~
~
l.ofl M Dau: P- 14 '9 y Parcel # AVS,
Aaad NamelNo: ~ ~ Axe
Purpo":
Preparod By: oe.~
Req-*MLAn: nPV) • A~ NO. 6
NOTICE TO THE PUBLIC
RID WAIVER, AGREEMENT AND COVENANTt
KNOW ALL MEN BY THESE PRESEPITS, That Kirk E. Dickson and Gail H. Dickson,
husband and wife,
being the ownere of the following deecribed lande in coneideration of Mutual
Benefita tol be hereafter derived do for themselves, their heire, grantees, aseigns
and eucceseQr(s) in intereet hereby agree to authorize Spokane County to place their
name(e) on a petition for the formation of a Road-Improvement Dietrict (RID) by the
petition method pureuant to Chapter 36.88 RCW, which petition includes the owner(e)
property, and further not to object, by the eigninq of a ballot, or not to proteet
to the'formation of a RID by the reeolution method pureuant to Chapter 36.88 RCW,
which reeolution includee the owner(e) property. If a RID ie formed by either the
petition or reeolution method, ae provided for in Chapter 36.88 RCW, the owner(e) or
eucceasor(e) further agree: (1) that the improvemente or conetruction contemplated
within the propoeed RID are feaeible, (2) that the benefite to be derived from the
formation of the RID by the property included therein, together with the amount of
any County participation, exceeds the coet and expenee of formation of the RID, and
(3) that the property within the propoeed RID ie eufficiently developed. Provided,
further, the owner(s) or aucceeeor(e) ehall retain the rigtit, ae authorized under
RCW 36.88.090, to object to any aeeeasment(e) on the property ae a reeult of the
improvemente called for in conjunction with the formation of a RID by either the
petition or resolution mettiod under Chapter 36.88 RCW and to appeal to the Superior
Court the decision of the eoard of County Commiseionere affirming the final
asseeement roll.
It is further agreed that at euch time ae an RID ie created or any Road Improvement
Project is sanctioned by Spokane County, the improvemente required (curb, eidewalk,
drainage control and paving to exieting pavement) ehall be at the eole expense of
the undereigned owner, their heire, granteea and a88igns without any monetary
participation by Spokane County.
The RID waiver contained in thie agreement ehall expire after ten (10) yeare from
the date of execution below. However, at the expiration date the owner(e) or
eucceeeor(s) agree to conatruct the required improvemente at their own expeneel pay
to Spokane County the then estimated coet of the required improvements to enable the
County to complete the aamef or furnieh a bond or other eecure method suitable to
the County, providing for or eecurinq to the County the actual conetruction of the
improvemente.
The above conditione and covenant apply to the following deecri.bed property:
The East 98.16 feet of the West 229.04 feet of the North Half of Tract 231
of OPPORTUNZ-TY, as per plat thereof recorded in Volume "K" of Plats, Page 20;
situate in the County of Spokane, State of Washiiigton.
EXCEPT: The South 320.00 feet.
ALSO EXCEPT: The North 10.00 feet.
Located iti Section 20, Towcisliip 25 North, Ramye 44 East, W_M.
(over)
Ttiese requiremente are and ehall run with the land and e}lall be binding upon the
owners, their heirEi, eucceseore or aeaigne.
Itd WITilESS WHEREOF, We have hereunto set our hand(e) and aeal(e) this day
,
o f -t A , 1994
Kirk E. Dickson
(:;ai 1 Ii . I~i ~~k5c;tt
STATE OF WASIIINGTON ~
COUNTY OF SPOKANE ~ 88
On this day peraorially appeared before me h'rk L- :A j j (1 llick)n
personally known to me to be the individual(e) who executed the forgoing instrumerit
and acknowledged the eaid inetrument to be the free and voluntary act and deed of
said individual(s), for the ueea and purposee therein mentioned.
Given under my hand and seal thia 3,1>4 day of ~~Of ~-e A , 1994
.
i`
~ NOTARYPUBUC # 4Noy P
ublic Zn and for the State of
FOR THE STATE OF WASNINd1'~N RAYMONDT. MOON * Washingtorl
# tiiYCOMMi3SIONEXPIRE$: ~ reeiding et ~I'~~~n~'
~ JUNE 21, 1997 *
hly Appc~2.ntmerit Expires
~
!
. z~ 25
Please direct correspondence to: Transamerica No. . SH
Customer No.
720 NORTH ARGONvE, SUITE T Seller :
SPOKANE, WaSHINGTON 99211- Buyer Borrower
(509) 922-21-22;"FaX 926-1519
Prepared For : BY
Sdan Heath, itle
HORIZO\ CREDIT CNIOv
ATTy : P EGG"
14 5? 3 E. TRENT
i
~ . J i i ~ : _ ~ O - - - - ~ _ ~ ; . : : i : ~ : , . ~ _
\ ALTA Loan Poli~:"- iar,~
SHORT TERtiI F--"ATE T as 33 • - ,
(Standard ) (Extended X ) Tofi,31 S-~-h . =
Proposed Insured: HORIZON CREDIT UvIO`:.
Tifi le to fee simple estate or interest in said land is at the etzect
datz nereof vested in:
. . - . - . ~ - r~\- • - ; a _
. _ . . _ ' • . _ . . . . i _ . .
, -
. ti
.
-
Spokane, State of Washington, and described as follows:
The East 98.16 feet of the West 229.04 f eet of the North half of Tract
231 of OPPORTUNITY, as per plat thereof recorded in Volume "K" of
Plats, page 20;
EXCEPT the South 320 f eet; -
Situate in the County of Spokane, State of washington.
(continued)
~
Cu ~ das -9y
.
Order No.: SH-1615-z*6
Page No.: '
SCHEDULE B
Exceptions: Schedule B of the policy or policies to be issued will contain
eYCepti(Dns to the Following matters unless the same are disposed of to t'ne
satisfaction of t--he company.
A. Standard esceptions set forth on the inside back cover.
B. Cefects, Iiens, encumbrances, adverse claims or other matters, ii ar.•_,
created, first appearing in tize public records or attar_hing subsec:u--.z
to the ef Fective dat.e hereof but prior to the date the proposed InsLr='
acquires for value of record the estate or interest or mortgage therG_
covPred bv this Commitment.
C. Instrunents necPSSarv to create the estate or interest to be proper__
etiecut?d, delivered and dulv filed for record.
D. General taaes, as tollows, together with interPst, penaltv anc
statutory foreclosure costs, if any, after delinquency: y
(lst half delinquent on Mav 1; ?nd half delinquent on November 1)
Tax acrount No. Year Amount Billed Amount Paid Prinr-ipal galance
45201.1907 1991 5,79.13 5829.78 $0.00
1. AGREEyIEtiT aND THE TERMS aND CONDITIONS THEREOF:
BETjVEEN: Modern Electric taater Company
AND: D.K. McDonald and others
DATED: November 4, 1905
RECORDED: November 6, 1903, Book "E" O.L.
Contracts, page 267
RECORDING NO.: 131084
REGARDING: Providing for construction of
ditches, flumes, water pipes, etc.;
erecting poles and electric
distribution lines, with right or
ingress and egress to maintain said
pipes, lines, etc.; and providing for
lien for unpaid charges for suc'h
service.
(continued)
.
Order No. :
Page
. DEED OF TR[:ST A`D THE TER"1S ?,ND CONDITIOtiS THEREOE :
GRANTOR: Charla A. Dustman, a singic
TRC;STEE : Transamerica Title Insurance Compan,_-,
a corporation
BEVEF'ICIaRY: Urville A. Fender, a Wido4vPr
ORIGIVAL Ah10(:\'r: $37, 540.00
D-A'~'ED: April 26, 198-D
RECORDED: April 29,
RECORC;I~.G N"-,.: 8504-290081
Rr,SIGL•:A~'i0'v ~PP0I~IT~IE',~T Or SliCCESSOR ~'RUS''cL:
RESIG-NED: Transa,erica Title Instirance Con---a^_-
`,PPOINTED: Interstare TrusSe r•.-1
Corporation
3Y: September 22, 193~
RECORDED: October 4, 19°~'
RECORDING N0.: 881004016-
3. FItAtiCING STaTEMEVT AND THE TERyIS AND COVDITIuNS TriLREUr :
Sc,CLRED P-ARTY: WP F'inance Company
DEBTOR: Kirk E. Dickson and Gail FI. Dicks--.^
CUVERS: Personal property and fixture~--
located
described
RECORDED: December
CI~,G _
. ~I1--"t'1 1LY{S Rt:,LA1;:.U TU AL~ `j :lUF~1,'-] aGL:"_:. ` S D'-;,I.T V.
WHICH WILL BE DETERMINED BY OUR IvSPF~-", :
( a) NOTE : Our aLTA inspection and our i eport or- cize m ar_zcrs f-I
thereby will be made when the mortgage lien is perfected.
END OF EXCEPTIONS
IVVESTIGATION SHOLLD BE MADE TO DETERMINE IF THERE ARE ANY SERViC- ,
IVSTaLLaTIO`l,%I` ?'N;TENANCE nR COtiSTRUCTION CHARGES FOR SEWER, WATER
ELECTRICIT'~.
IN THE EVEVT THIS TRaNSAC:TI4N FaILS TO CLOSE, A Ca;VCEi,LaTION r EE: ►ti=:__.
3E C.14A R(1-D FOR CCRL'ICES RENDEREC IN' ACCORDANCE tdTTH nUR RATE SC-?EDULCE .
O T E i :
Potentiai I 1aD l. l-'tV for 3sSe-SSI'i1F?C1tS iF_'V 1eCi b',% Spokan? i--()LiT"ltV
Department for theyAquifer Protection area. To ver-if;-, l-=-,~~---
In order to nane payment, account number is necessarv.
( cont inue~: )
~
Order No.. SH-161SS6
Page No.: ~
NOTE 2:
We find no pertinent matters of record affecting the inconinG
purchasers.
\OTE 3:
Property Address: 10412 E. 4th Acenue, Spokane, Wa 99206.
verification of address, please call the City Public Works DeparLr~,P--:
at 156-1300 or tne County P~~hI; r .vorks DP~~ rtm?nt :-i} ~5-?6?5.
El N C Lc) St;RLS : ?3Ir a..;
I
~
l
iniylrAClrnaNlt-'YfYpllccunurnau-jr•:
I
t. licn~~r~nMUtlr~ltnLf
riuo ►on necnno er nwusn nr,
Jul I 11 a0 I'li '31
;111)'%OlQ5'7~ ' wn iIN i uni►euut ~
; nunnoii ~
sroKnHE. couNrr, waau.
M71EN IIECWIDE011lIUIIN 10
. ~
Rlcl~ard F. S crl(n Allorne ~ (RfESC `
~ea~,,...s.~.R,..J,~,~.,..1......._.P...........~l~ . . ;
. . ~ ~ ..,BraaclwaY.,~...S.u.Ite........... f . II~•~I~~E SJ~i~
. . _ . .
S.l992G6..
U C C. 2 iins srAce P~ovN~ri~roh cRnibc n s usF:
Escruw No. e132
Stafurory Warranfy Dood
COUNTY AUD110(1 ~
Fixture F(ling 9112260293 DEC1~ 2 TIl6CMN7'OR cHnRLn A. UU5TMAN, o single person
w~~~ C. IIIiNAIIUC N
:!,dlTOi( 0
WHENRECOROEDREIURNTO SPMQ Di!'UT►'rWA511~1(~f1 ~ Ioraodlneoroklsnlbool 7EN OOLIARS ANp 0'I'IIER VALUABLE CONSIUERAI'ION
Y
,(0 InlteedMid,oomtytandwenen4lo,CKIRK E. DICKSON AND GAIL H. UICKSON, husbond and wlf~
NWM NP FINANCE COMPANY W
AiTN: DEBRh M. IIUNT llie lollunlng dr+cdbcd tod M4b, dludKl In Uk Cmmlr ol 5l)Ok0110 .81n1n vl 1VesIdnRte+n:
Adche:s P.O. BOX 1721 ~ Tho Eaat 95.16 feet of Ihc West 279.04 feel nf Ihc north holf ol Tracl 231
VDI, ~`~r~0 phGE oI OPPORTUNITY, ab per plat lhercof reCOrdud hi Volume "K" of Plats,
~,r,st,le,ip SPOKANE, YA_99220 7nye 20; CXCEPT Che South 310 [ect
Situale In llie Counly of Spokane, Stale uf Waskiinglon.
I MMapl 14nnamnGOslinOmsldnqWdr*sfia~1 7 SKUrWPnly(otlaciOaAdritefla): ] AqpneeUldSotweOP+try11a) andaOtlnflise) SUOJ[CT T0: Eesemenls, realrittlons and reservaUons of record includfng an
~ 7.e/ A Ayreement ix.th A1vdern Elaclrlc Weter Campany as reocrded Novemher 6, 1905 under
OICKSON, R1RK F. Recording Nu. 131084.
R.
DICKSUN, CA1L II, IIP FINANf.E COMPANY US BANK QF WA5111NCTON ALSO SUI3IECT T0: 2nd 112 1991 property taxes.
10612 EAST bTll I0.0. AUl( 7127 N. 7701 f11VISI1IN
SPDKANE, IIA 99206 SI'UKANF., WA 99220 SPiIRANE, uA 792f)8 AL50 SURJFCT TO: A Ueed of Trusl In (avnr nf Urvllle A. I'eiidcr as rccvrded Aprll 29,
1985 under Itecordlncl fJo. 8504290001 which the obove riamad ( iri lo assume
___qTTp; IN)pr, UIFT'/, and p~1y accordiny to its lcrms nnd conditions. J1U U:ii, J
w,
1HIS FUtTUf1E fIUNG SIIALL CUVEfI C01 UIERAI iIIAI IS AFFI%F.U T0 IIIE F01lOWIM(, b[SCIIIII[U PIi01'[RIY. 9 lax Vnd
TRANE CA9 fURNACE; HN-XL9U, SN-TlICI00R988A ucu
pf "SKIF" CIIIIApIG
IIONEYWEI.L EI,F.CTRUNIC A1R CLEANF.N; HN-FSU 5+~l. ~ AM~ ~ vd.
q~,~ty 1~~~
MRIIJIIRF.IIUNIDiF1F.R; NN-55n ,Y,y_
TRANE II/C flIER~NISThT l
l~GC•PTED ANU APPRUVEU:
TIIE F. 98.16 FT lIF TIIF: N 229.f14 FT OF TIIF N I/2 (1F,rq 23l OF ~ ~y 91
5
UPI'ORTUNt'fY AS pER PLAT TIIh:NF;UF RECOR(1F.11 IN VOLIIMF. K OF__ o.t«l . .....J.w1e.. a , .
~YLATS, PACF. 20; 9%CF:P7 TIIE 5 320 FT TIIENEOF, Sl?OATEU IN TIIB
•
. ~..\.~~Ja.~--....
CITYICOUN'[Y OF SPUK~lN6, STATP, oF NASIIINCTUN. ~
Charle A. Dustman
,
,
. . .
.aa K lne lrcwe amn
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ul Mreary wqxdb f~, IraMep In aroMw FriW¢Nm ~~en M wm baqi~ Mo aq~nw ~crnenq wnaw n. M.
.~:q~:.i~fl~J~!e~... COUNTY OF..._.... .
m't Usu, a»irn iM eama I laAiron wi~ d-onproe ro niu neto, a COUN'1'Y OP.
.
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40 .1IRf........ Iws, aml vnlunbil acl oind d!'ed. fnp-tllrrly, p1 .
1~• rnr Ml&linn Il~at ri.rnlrl Ihr Inr.Fun~ Imin~m~~l, n~~,l n~LMp~.inlaed
q (01 1l1t t111s snd rutjwMellhresrin mrnlhnnMd. i
dlld K.9w---~lC.O , 19.. Il~r l in.l~ur~.nl In IM Ih~ It•e nnA ~•oI~InIn1Y arl ~~nl ditil nl niA rnif-n.
nllon, (or Ihe wa ~nd p~~rpn~n IAtirfn m.nl~nn~~l. ~ad nn n~lh .I~Irrl Ilul
USC if nrrtiCAnlE A..... . 0 anllmeip"l In n.irulr 1l~. mid luslrurocnl ned lhel Ih' u4l
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CAIL II. OICK5 Nf' FINANCF: COMPANq,, 11~YWfNli1{H1,
-
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