VE-14-96
1 RECEVED ~
~ DEC 0 3 1991
SPOKANE COUNTY HEARING EXANIINER ~~~UIMENOMM
RE Vanance Application in the ) FINDINGS OF FACT,
Urban Residential-3 5 Zone ) CONCLUSIONS,
Apphcant Glona Swaui ) AND DECISION
File No VE-14-96 )
I SUMMARY OF PROPOSAL AND DECISION
Proposal Application for a vanance from the requirements of Spokane County Zorung Code
14 810 020 that a sight-obscunng fence wntlun the flankmg yard be linuted to a height of three
feet, to allow a sight-obscuruig fence six (6) feet m height to remain ui the flanking street yard of
11 Avenue
Decision Approval of vanance, subject to the fence bemg relocated on the site at least ten
(10) feet north of the south property luie of the srte and the pubhc nght of way of 11' Avenue
II FINDINGS OF FACT AND CONCLUSIONS
The Heanng Exanuner has reviewed the vanance application and the evioence of record,
and hereby adopts the following findings of fact and conciusions
A GENERAL INFORMATION
Apphcant Glona Swaui, 1026 South Umversity Road, Spokane, WA 99206
Locahon Generally located at the northwest corner of the intersection of Umversity Road and
11 " Avenue in the SE '/4 of Section 20, Township 25 North, Range 44 EWM, Spokane, County,
Washington
Zonmg Urban Residential-3 5(UR-3 5)
Comprebensrve Plan Category The property is designated m the Urban category of the
Spokane County Generalized Comprehensive Plan
Environmental Review The proposal is exempt from environmental review pursuant to
WAC 197-11-800 (6) (b) and Spokane Envuonmental Ordinance 11 10 075
Site Descriphon The subject property is a corner parcel, approximately 15,000 square feet
in size, relatively flat and rectangular in shape The site is occupied by an existing single-family
residence, with residential landscaping The residence, which was constructed several years ago,
is found at the southeast corner of the site, onented to Umversity Road A three-foot-lugh sight-
obscunng wood fence is located along the southerly third of the east property line of the srte,
wluch fronts along Umversity Road The three-foot lugh fence then curves westerly from the
southeast corner of the site into the county nght of way (but not the roadway) for 11 ' Avenue
HE Findings, Conclusions and Decision VE-14-96 Page 1
~
~
and back, adjacent to the east 20 feet of the south border of the property See Site Plan of Record
dated 12-6-96 A six-foot-lugh sight-obscuring wood fence is located along the remaining
portion of the south property line of the srte, except for a dnveway entrance from 1 I" Avenue
located near the southwest corner of the site A chaui lmk fence extends along the west border of
the site, and a six foot high wood fence extends along the north border of the property A five
foot high wood fence extends parallel to and about 15 feet west of the east border of the property,
from the northerly border of the site to the northeast corner of the residence, where it meets the
three foot high fence A gravel dnveway extends from 11 " Avenue around the home, to the
north and west The northerly half of the lot is undeveloped An existing chain luik fence runs
along the westerly border of the enrire fence The site is compnsed of two platted lots of equal
size and dunensions, aligned east and west, each wrth 50 feet of frontage along University Road
Surrounding Condihons The property fronts along Universrty Road, a four lane road
designated as a Pnncipal Artenal by the Spokane County Artenal Road Plan The site also fronts
along 11 " Avenue, wluch is designated as a Local Access Street The land uses in the area are
predominantly single-family residences, including homes adjacent to the site Uruversity Road
was widened in the area withui the past few years from two lanes to four lanes The east and
south boundanes of the site are each respechvely 30 feet from the centerlme of the adjacent
public road
.
Project Descriphon The apphcant seeks to retain an existing six-foot-high wood fence
installed illegally within the flanking street yard of 11'hAvenue, for pnvacy reasons The
applicarion does not menhon the encroachment of the existuig three-foot-lugh wood fence into
the exishng county nght of way for 11'h Avenue The fence is the subject of a zorung complaurt
See Division of Building and Planrung File No CV-82-96
B PROCEDURAL INFORMATION
Apphcable Zoning Regulahons Chapter 14 404 (Vanance) of the Spokane Counfiy Zonuig Code
Hearing Date and Location March 26, 1997, Spokane County Public Works Builduig,
Lower Level, Commissioners Assembly Room, 1026 West Broadway, Spokane, WA
Site Visit March 25 and 26, 1997
Notices Mailed March 7, 1997, Published March 7, 1997
Hearing Procedure Pursuant to Resoluhon No 96-0171 (Heanng Examiner Ordinance)
and Resolution No 96-0294 (Heanng Examiner Rules of Procedure)
Testimony
Francine Shaw Glona Swain
Division of Building and Plaruung P O Box 693
1026 West Broadway Veradale, WA 99037
Spokane, WA 99260-0240
HE Findings, Conclusions and Decision VE-14-96 Page 2
t
~
Items Nohced Spokane County Comprehensive Plan, Zomng Code and County Code
Vanance decisions in Building and Plaruung files for Sechons 20-21 Township 25 North, Range
44 EWM
C VARIANCE ANALYSIS
To be approved, the vanance application must comply with the conditions and
requirements set forth in Spokane Counfiy Zomng Code Section 14 404 082, and the nurumum
requirements of RCW 36 70 810 The followuig findings of fact and conclusions are made
1 Because of sDecial circumstances applicable to the property, includine location,
surroundines and the location of the existine residence on the site, the stnct aDDlication of the
restnctions on the location of sieht-obscunne fencing within the reQuired flankinE street vard of
residential nroDerties anolicable to the vropertv under Spokane Countv Zomng Code
14 640 325(b)(1). creates Dractical difficulhes and deunves the propertv of nghts and nnvileges
enioved bv other nronerties in the vicuutv and zoned Urban Residential-3 5(UR-3 5)
Zomng Code 14 810 020 states that no sight-obscunng fence more than 36 mches ui height
may be erected or maintauied wnthui the reqtured front yard or requvred flanlang street yard of
any lot used for residential purposes The current srte is located in the Urban Residential-3 5
(iTR-3 5) zone The Staff Report idenhfies 11 " Avenue as the flankmg yard of the srte, and
Uruversity Road as the front yard of the srte, for the purpose of determining compliance wtth the
setback requuements of the UR-3 5 zone See Staff Report, p 7 While the County Zomng
Code is somewhat ambiguous regarding the designation of 11 " Avenue as the fronting street or
flanking street for the site, it is irrelevant since the setback reqturements are the same in the
UR-3 5 zone for the front yard and the flanking street yard for all uses Accordingly, the
Exanuner defers to the interpretahon of County staff that 11 `hAvenue is a flanking street with
regard to the site
Zomng Code 14 616 325 specifies a nurumum 55-foot setback from the centerline of all
roadway nghts of way or a 25-foot setback from the existmg property line, wluchever provides
the greater setback from the centerluie of the roadway nght of way, for the requued front yard or
requued flanking street yard in the UR-3 5 zone The site plan of record indicates the presence
of a six (6)-foot-high sight-obscunng wood fence located along the south boundary luze of the
site, except along the dnveway entrance to the site and along the easterly 20 feet of the site
Because 11' Avenue is a 60-foot-wide nght of way, the distance wluch is 55 feet from the
centerline of 11 `h Avenue is also 25 feet from the property luie of the site Since the fence is
located along the property line, it encroaches 25 feet into the required setback of 11 Avenue and
there is no front yard between the fence and the property line of the site The easterly five (5)
feet of the fence appears to encroach into the front yard setback for University Road The
existuig house on the site, which was built several years ago, also appears to encroach slightly on
the required setbacks for University Road and 11`hAvenue See Site Plan of Record
The applicant, Glona Swain, testrfied at the public heanng that the fence was needed for
secunty and pnvacy, citing tbe location of a bus stop at the north end of the property, a high
school two blocks southwest of the site and a bus transit center at the northwest corner of
Uruversity Road and Fourth Avenue While no persons testified in opposition to the application,
HE Findings, Conclusions and Decision VE-14-96 Page 3
~
~
a letter was submitted in opposirion to the applicataon by Robert Potratz, the owner of property
lyuig immediately west of the site, along the north side of 11" Avenue See letter dated 3-18-97
from Robert Potratz Mr Potratz indicated that the subject fence obstructed the view from the
house on his lot, which home is onented toward 11 " Avenue Potratz indicated that 1us pnncipal
concern was that the sellmg value of the property could be lowered due to the presence of the
fence The applicant responded to tlus concern, teshfying that Potratz could see across her
property through the existmg cyclone fence located along the west property lme of the site She
also indicated that ulac bushes had been placed along the southerly part of the east property line
of the adjacent property, wluch helped obscure the view to the east from the adjacent property
The appucant also subnutted photographs of the site, as well as the photograph of a site claimed
to be in the area with a six-foot lugh sight-obscunng fence encroaching into the requued yard
County staff supported the vanance application, feeling that the site was disadvantaged
because it was a comer lot County staff also pointed to the fact that penmeter fences are
allowed wrth a Planned Urut Overlay Zone design, and alluded to the existence of sunilar fence
vanances in the area
The County maintains files of past vanance decisions by the County, according to section,
townslup and range The Examiner has reviewed the vanance decision files for the section in
which the current srte is located as well as the adjacent sechon to the east See vanance decision
files for Sections 20 and 21 of Township 25N, Range 44 EWM These decisions reflect the
issuance of a few flanking yard setback vanances gra.nted for fences, garages or houses on
.
double-fronting smgle-family lots in the area, based on such issues as exposure to traffic, pnvacy
and location of the residence on the lot See, e g decisions m VE-104-76, AVE-4-60, VE-24-58
(Section 20), and in VE-25-91, VE-90-76, VE-18-63 (Sechon 21) Most of these decisions were
rendered under the now expued County Zomng Ordinance, which had sunilar but less detailed
cntena for the issuance of a vanance Few of these decisions appear to have been opposed by
neighbors, and most carry little analysis of the factors required for establislung a vanance
The site is not disadvantaged simply by the fact that it is a corner lot, since the lirrutarions
on the location of sight-obscunng fences in the flanking street yard set forth in Zomng Code
14 810 020 are specific to corner lots It is the proximity of the residence on the current site to
the flanking street of 11 " Avenue and the fronting street of Uruversity Avenue wluch creates
special circumstances for the property, in conjunction with the surrounduigs of the property The
residence is located only 21 feet &om the south property luie and the 11 Avenue nght of way
line, and appears to be at least tlus close to the east property line and the University Road nght of
way line of 11 d' Avenue See Site Plan of Record The house itself is slightly witlun the
required front yard and requued flanking street yard
The site was zoned Agncultural Suburban (AS) under the now expued County Zotung
Ordinance, before the zorung of the site crossed over to the UR-3 5 zone of the Zomng Code in
1991, pursuant to the Program to Implement the Spokane County Zorung Code See County
Resolution No 65-376 m Building and Planning File No ZE-17-65, and County Resoluhon No
85-0500 (adoptmg new Zomng Code and Program to Implement) Under the AS zone of the
Zorung Ordinance, there appeared to be no restnction on the locanon of sight-obscunng fences in
the flanking street yard, although fencing was not allowed withui the "clear view tnangle"
applicable to corner lots under Zorung Ordmance Section 4 17 040 This clear view tnangle under
HE Findings, Conclusions and Decision VE-14-96 Page 4
the Zoning Code would have eliminated much of the current fence along the south boundary of the
site, east of the dnveway entrance to 11 `h Avenue The cleaz view tnangle apphcable to the site
under Zoning Code Section 14 810 020 (2), as a corner lot located at the intersection of an artenal
and a local access street, does not unpact such fence See Staff Report, p 8
University Road has recently been widened in the past few years to four lanes While this
has not appeared to result in the need for nght of way dedication to the County from the site, it
has increased traffic past the site See County Engineer Plat Map for nght of way widths along
Uruversrty Road There has been some rezorung of single-family properhes along Uruversity
Road in the area to zones allowing higher residenhal densrties, to accommodate duplexes and
mulhfamily development Along with the increased traffic, the site is also located near a high
school and a bus stop These factors heighten the need for pnvacy along 11' Avenue, as well as
along University Road
2 The QranhnE af the vanance, as lunited bv the Heanng Exanuner will neither be matenallv
detnmental to the vubhc welfare nor miunous to the property or improvements m the vicinitv
and similar zone classification
The applicant has estabhshed a need for the sight-obscunng fence to provide pnvacy and
secunty for the house and rear yard of the site, nghts enjoyed by other properhes m the area
zoned UR-3 5 The apphcant has not established that the fence must be constructed on the south
property hne, where it obscures the hne of sight from the front yard of the adjaeent property to
the west, as opposed to locating the fence closer to the existing house From a view of the site, it
appears that the fence could be moved north a distance of ten (10) feet and still allow for a
modest yard adJacent to the house and pnvacy in the large rear yard enJoyed by the site See
photograph of south end of site loolcing west from University Avenue, in project file The fence
could be placed on the north side of the large tree currently located between the house and the
existmg fence Other trees and shrubs are currently located between the exishng fence and the
traveled surface of 11 hAvenue Accordingly, the Exanuner has restncted the location of the
sight-obscunng fence to a position at least ten (10) feet north of the south property luie The
fence must be located outside the clear view tnangle restnctions of Zonuig Code 14 810 020 (2)
The adjacent three foot high sight-obscuring fence must also be moved outside the 11 ' Avenue
nght of way, unless permission is given by County Engineenng for such location
The Examuier gives no weight to the fact, cited by County staff, that penmeter fencing can
be approved for developments in the UR-3 5 zone subject to a Planned Urut Development
Overlay zone The current site was not approved through the P U D process, which is a
discretionary process involving a public heanrig, dunng wluch objechons to penmeter fencing
could be considered See Zorung Code 14 704 325 Zorung Code 14 810 020 (1) also requues a
five (5) foot setback between penmeter fencing approved through a P U D and the adjacent
public road nght of way, to accommodate a nurumum five feet of landscaping
HE Findings, Conclusions and Decision VE-14-96 Page 5
a
/
3 Consideration has been Lriven to the factors cited in Section 14 404 082 (2)(3) of the Zorune Code.
in the annroval of the vanance
Stnct applicahon of Zonuig Code 14 810 020 (1) will create an unreasonable burden on the
applicant in light of the purpose to be served by the Zomng Code The purpose of the fencing
requirements contained in such section includes aesthetics and protection of the luie of sight from the
front yards of intenor lots along the flanking street yard However, the Zorung Code also has the
purpose of preserving workable relationslups between land uses and the County transportation
system, consernng and stabihzing individual property values, and consernmg and protecting
amenities See Zomng Code 14 100 104 The intent of the UR-3 5 zone is to promote areas of
pnmanly single-family residential use m an urbaruzed neighborhood setting Zomng Code
14 616 100 Prolubiting the requested vanance in total would jeopardize these purposes of the
Zoning Code, by preventing the applicant from preserving pnvacy and secunty for the residence
located on the site
The factors cited in Zomng Code 14 404 082 (2)(b)(c) do not appear applicable to the
vanance application Further, the vanance as conditioned is not based substantially on precedent
established by illegal or nonconfomung circumstances The fact that the fence has already been
installed along the south property line has been given no weight, since the fence was mstalled in
violation of setback requuements Approval of the vanance as conditioned will not estabhsh a
precedent that will affect the zonuig concept for the County as a whole The vanance is based on
. the umque circumstances of the property The granting of sunilar vanances on other properties
in the area would depend on the physical features and surroundings of each property, not the
precedent estabhshed by approval of the current application
The vanance is not based on a claun of lack of reasonable econorruc retum or a claun that an
existing structure is too small Further, there is no evidence that the vanance as condzhoned is
inconsistent vcnth the Spokane County Comprehensive Plan The srte is located wnthin the Urban
category of the Comprehensive Plan, where UR-3 5 zorung and single-family development is
encouraged The approval of the vanance as condihoned will not sigruficantly impact adjacent
single-family uses
The vanance is not being derued or unnecessanly restncted because the property was
charactenzed by the practical difficulties giving nse to the vanance request, when it was acquired by
the applicant Since this is an "area" and not a"use" vanance, there is no danger that the vanance
could result in a de facto rezone Densrty regulatlons designed to protect groundwater are not
impacted by the vanance
4 The conditions snecified m the decision below are necessarv to (a) ensure that the vanance will
not constrtute a erant of snecial nnvilege inconsistent with the lunitations uDOn other nronerties in
the vicirutv and similar zone classification in which the property is situated, (b) ensu.re that the
intent and nurnose of the Zorune Code is maintained with reeard to locahon. site desien.
annearance. landscaving and other features of the proposal, and (c) protect the environment. nublic
interest and izeneral welfare
As discussed above, the granting of the vanance has been limited to ensure the above
factors
HE Findings, Conclusions and Decision VE-14-96 Page 6
•
~
III DECISION
Based on the Findmgs of Fact and Conclusions stated above, the above vanance application
is approved, subject to the condition listed below Conditions added or sigiuficantly altered by
the Heanng Examiner from those recommended by public agencies have been itahcized
Failure to comply with the conditions of this approval may result in revocation of the
vanance by the Heanng Examiner
SPOKANE COUNTY DIVISION OF BUILDING AND PLANNING
1 The srx foot-high stght-obscurrng wood fence currently located along the south boundary
of the subject property shall be removed or relocated to a posihon that is at least ten (10) feet
north of such boundary and the public right of way of'll Avenue The fence shall otherwtse
comply with Section 14 810 020 of the Zoning Code
2 The portion of the exishng three foot-high wood fence located withrn the right of way of
11'hAvenue shall be removed or relocated onto the subject property unless permission is
obtained from the Spokane County Engineer to maintain such fence in the nght of way Such
fence shall otherwtse comply with Sechon 14 810 020 of the Zoning Code
.
3 The Division of Buildmg and Plammng shall prepare and record with the Spokane County
Auditor a Title Notice notuig that the property m queshon is subject to a vanety of special
conditions imposed as a result of approval of a land use acrion TYus Title Nohce shall serve as
public notice of the conditions of approval affechng the property in question The Title Notice
should be recorded within the same tune frame as allowed for an appeal and shall only be
released, in full or in part, by the Division of Buildmg and Planiung The Title Notice shall
generally provide as follows The parcel of property legally descnbed as [ ] is the subject
of a land use action by a Spokane County Heanng Body or Adminlstrative Official on March 26,
1997 imposing a vanety of special development conditions File No VE-14-96 is available for
inspection and cop}nng in the Spokane County Division of Buildmg and Planning
HE Findings, Conclusions and Decision VE-14-96 Page 7
r
DATED this 3rd day of December, 1997
SPOI!:ANE COUNTY HEARING EXAMINER
l /6T ~r
Michael C Dempsey, WSBA
NOTICE OF FINAL DECISION AND NOTICE OF RIGHT TO APPEAL
Pursuant to Spokane County Resoluhon No 96-0171, the decision of the Heanng Examiner
on an application for a vanance is final and conclusive unless within twenty-one (21) calendar days
from the issuance of the Exanuner's decision, a party with standuig files a land use petition in
supenor court pursuant to chapter 36 70C RCW Pursuant to chapter 36 70C RCW, the date of
issuance of the Heanrig Examiner's decision is three days after it is mailed
This Decision was masled by Certified Mail to the Applicant on December 3, 1997 The date
of issuance of the Heanrig Examiner's deczsion is therefore December 8, 1997, countmg to the next
business day THE LAST DAY FOR APPEAL OF THIS DECISION TO SUPERIOR
COURT BY LAND USE PETITION IS DECEMBER 29,1997
The complete record in this matter, including tlus decision, is on file dunng the appeal penod
with the Office of the Heanng Examiner, Third Floor, Public Works Building, 1026 West
Broadway Avenue, Spokane, Washington, 99260-0245 The file may be inspected during normal
working hours, listed as Monday - Fnday of each week, except holidays, between the hours of 8 00
a m and 4 30 p m Copies of the documents in the record wnll be made available at the cost set by
Spokane County ordinance
HE Findings, Conclusions and Decision VE-14-96 Page 8
Cance,ed ENGII\T~ER' S RETv''~ EA W SHEET
Date Filea
Date As BuiCt Plans Received
Date Road Plans Appraved VAR.IANCE FILE #VE-014-96
New Raad standards 5-15-95 Mylar
Companion File
Hearing Date: 0312611997 H Time: 09:(}0 H Number: i Related File
DESIGN Revie+w I]ate: I3R Txme: Buiading Dept
ReView Date: 01/17f1997 R Time: R Nwnber: DESIGN REVIEW #
Date Iteceived: 01J07/1997 Review Type: Large Lot --1 gYdg, Square Feer:
Na. Lats: 1hTv, Acres; .03
Praject Name'. FL ST SETBACK 6' 1<'EN'CE 25' (iCODE 55") Range-Township-Section: 44-25-20
Site Address: W llNI'V'ERSITY S 10226/ IV 11TH PARCEL(5), (first 20)
Applicant Name: GLORIA SWAiN Phone 925-7860 45204.1329 45204,1328
Applicant Address: 1026 SUNIVERSITX RD I'hane 2# 891-0820
SPOKANE `VVA 99206
Date Condi6ans lvda' -C
Floc►d Zone; No Water Saurce: Sewer Source: Schnal Dist: 356 Fire Dist: IFhone Dist.
Billing Na.rne. Owner: GLORIA SWAFN Engineer: (No Engineer)
Address: {?wner Addcess: 1026 SUNIVERSITY RD Gompany:
SPOKANE WA 99206 Arldre5s:
Phane; Ownec Phone: 926-7860 Phane:
T"ax:
Signed Nam~e
Building #456-2205 JPlar3ning # 456-3675 Concact: FRAIVCINE: SHAW
Dake Submitted Descriptian Initiais ~
DATE TECHMCAI.LY COMPLETE
DATE NOT TECHIYICALLY COMI'I.ET'E
DAT'E PAY FEES RECEI'VED
DATE PRIORI'I''Y FEES RECEIVED Ct3AY TO ACCOUNTI1"+TG
FINAL PLAT FEES CQMPLETED AND COPY TU ACCC)UNfiING ~
I I NOTICE Ta PLT.BLIC 1NO'TI+CE TO I'[JBLIC # 1 3 4 fi COMF'LETED - OR NEEDS 1`U BE STGNED
fn-Ouc #1 [n-i3ut #2 In-aut #3
DESIGN I)EVIATIOId DATES IN-OUT
I►i-f}uc #4 In-ouc #5 ln-(7u1 #6
f I BOND QLTANT'iTIES FdR TJRAIh1AGE TI`EM CALCUI.ATED I
DATE BOND IiECEPJEU BOND AMQUN`I` RECEIV"ED
I7A'I`E BOND RELEASE - DATE BOND REI3UCEU B(3NI7h BALANCE
Hearing Date Decision Approved Deniecl Cantinued Appealed BCC Approwed Uenied
Appealed to Court Apprdved I7enied CQntsnued Final Project Status
/ I STAl4'IPED MYLARS T(} PERMIT TEGHNICIAN (SYL)
1 1 STAMPEl] 2(}8 LQT PLANS T4 SEGRETARY (SA1'JDY)
.
.
4 ` (
SPOKANE COUNTY HEARING EXAMINER
In the Matter Concerrung VE-14-96, a Vanance )
Request ) NOTICE OF
) PUBLIC HEARING
)
Applicant Glona Swaui )
TO All interested persons, and property owners and taxpayers vvithin 400 feet of proposal, as listed
on Spokane County Assessor's records
YOU ARE HEREBY NOTIFIED THAT A PUBLIC HEARING WILL BE HELD ON THE ABOVE-
REFERENCED LAND USE APPLICATION, AS SET FORTH BELOW
Hearuig Date March 26, 1997 Time 9 00 a m
Place Commissioners Assembly Room, Lower Level, Spokane County Pubhc Works Buildmg, 1026
West Broadway, Spokane, Waslungton
Proposal Vanance request to aUow an existuig six foot tall sight obscunng fence to remain on the
flanking street yard property line whereas Section 14 810 020 (1) of the Spokane County Zonuig Code
restncts residential fence height wnthn the flanking street yard to three feet m height if sight obscumng
and four feet in height if the fence is non-sight obscunng (cyclone)
AppLcantlOwner Glona Swaul
1026 S Untversrty Road
Spokane, WA 99206
(509) 926-7860
Location Generally located at the northwest comer of the intersection of Universrty Road and 11 `h
Avenue in the SE '/o of Section 20, Townslup 25 N, Range 44 EWM, Spokane County, Washuigton
Zoning Urban Residential-3 5(LJR-3 5)
Comprehensive Plan Urban
Environmental Determinahon (SEPA) A Detenmination of Nonsigruficance has been issued The
Division of Btulduig and Planning is the lead agency The official comment penod ends March 24, 1997
Related Permits Not Included in AppLcahon None
Drvision of Building & Planning Staff Person Francme Shaw, Planner 11 509-456-2205
s
.s1~6 ~
~
~ .
-
.
~ ~ p,~ rr►
'w
~
d V~ vtwo~
~ ~ ~ a ~EL !9~
4 rt~v~.~s!o~ .A ~
' ~ Y • ` R
~ o ~ ~ ~ •
Irs ~ ^lD a
RQ A : -
G~U ~ RAI~4,,,.R~_ D ~
p, va Nt t L,M!A~KEE e+~ ~ ,
~ ~ 5~ s~~.~~~° ~a~ • - - " ' R ovaT ~
n~ St ~ V6 0
dt ~
FOv A'~~ a 5 T H
cc
~c t~ 5 E E~r }.►'t N
Z ~ ~T~ ✓
Tw
~ ~ ~TH SN 9TM ~p?N
~ 2Q , ro T+~
nY
g,~ovF ,o~ o
~°'n y:~ " ~ ~ ` •
_ ~ .
v
s r► ~tw O
~'J► ~
~ z ~ ~I
~ o ~ .
~
i
, sr .c ~
~ .
1.9.91 ~ ~o M
~ ~ ~ ~ ~E~r~Ew► 'L1
w ~~f
•~t
y ~ 0
~ J ►
page 1
~.1~96
~ ,Rep~, f o'~
3~26 9~ ~ ~
_,tv ~aP
f
~ ~
~ ~
~ ~
~ ~
VR
1 Z~' ~ 4
~.a 4
~ • ,e;~~`~ ~
-Z'31~ a
t+Q/~ ~ 0...
~ t ~ tqr+ ~ 2
.0 *r Al LRQA
ItwAUxE4
,
o;
~ ; - . ~ •3
~ U ?
N
1.1R r ~ Q U R T H ~ R~~z 5
1 4 ~ = 5 E y~ N.r M
~
t1n ~
~ IT~ 3
~
~fM
f" ; ~ T~ 9
~
°c ~R.ZZ 4. 9TM
N ~ "Z ' ~ ~ T
pv£
,a geh ~ ~ Vlt ?Q►
~
N
+ a ~ ~ ~ sl~~'►~'"~ ~~1 ; p ~ '
Y' r
y► ~ ~ ~ ~i U~•2 ~ a
a► 6 `t ~ ~ ,
Q r
ir
~
vR _
19-91
~
~ s
„r►► ~ 4' :
.
+ ~ $
~ t~ - - - ~
00
00000
~
14~r96
~
r91
3
- - ,n s~ Map
~ ~
~
j&.. ~
~
N '
~
c.r►'~ - _ ,y~.
.
d~ ~ ~ N
r s ~ ~
~ ` ~ ; •
~ ~ ~ . ~ ~
r • ~
w
a~i ~c St ~ ti
d
N~p ~ ~ r s' + .s.r,~ 1
/ ~ • A~y~1r" ~~•..J
110,
~ ~ ....r
- s n
~C7
Sr d ~
~'~'+.J A ~ !'1M~--~- ' ~+n ~ a----."'"~'_•
t
t p 4 r~ap't
~ ,x ' x'
. ~3..
. { ne~+ ~ ~
• O q ~ „ ~
t ~ ~ ~ S~s
- 1~~ 4 ~ ~yr+
~ 4a ~ • ~ , '7
4i l
.A►
s~A 6aSx
i ~ h M l~ a
\
SS r~~+ {
.0 00.
r~
page 3
L~ t ~ ~ t ,li
'
~ fol~l~g6
3_2b ~ S~ R~P
Map
trP ~la.
~
1
- ~
1
r ~
r ~ ~ • Misg,Ol'► -sa
eBCNg
° ~ •WT
• •
6
'
~ ~sAk J ~ ~ ~
1 '
~ ~ ~ g~.Ca~l~► •
8
t ~
~ ~ es ~aoc L p ~ 'dt'~3~` ~
V
~ ~
~ n r
a
~
0
wios
A ~ ~ , v istr!. % t 1 e
o '
1 ~ da R1
`
t ~
an-
► ~ ' ~ J 2$ ~
f ~
W013
a N 1 O $ ~ _ ~ " ~ " y.
~ ¢p3tl.. ~ ' ' ~n~•r,~„
~'vo
$ t ~
~
O
g J
0 ~
r _
~
o ~ ~ ~ _ page
~
artlo'r, 14-96
Stag g.ep
3-'26"9'7 ~
02 n t'taP
S p R/4G V E ~ Vn I`*C-aVG&T IAJ6-
(/FeNf.ic, ON +--/-JirN 1C 1 N (r
10 F►,
-P4.Ot'OSF-D SETOAK-K (S 30'OAJ?ROPCA-T1'Lt►J
pi-FQVeQCD SE'T~RCr IS SS~ FaoM
2 0
~ d
vcc i u ~T-/ Mmp ,oo' 3
.
F.~c~sT~N~ 6 wooD
~ - • . . . . o
o ~
o ,
Viui vERs ,7-I PL-
Lors I 1t 12. ~ S
? ~~..o~ec. ~ Z 3► fi ~
J ~I
~
,
_6
z 1N~
F' 2g'
b
S 1 O2 4 A
~ VuivEas I-ry
4 6 ~ oeD ~ ~
~t
~
~ ~ -
~i r M~ a s o'
M AYE
Y
I
~
~
y
~
~
FttCEIVED qO ~G,+LE
c%POKANE COUNTY
DEC 0 6 1996
o: jibicrr i 811ILDIN~~ ANO PLANNING SITE PlAN
OFRECORD
Site Plan Map
3-26-97 HE Staff Report for VE-14-96 Page 5
! J'
SPOKANE COUNTY PUBLIC WORKS DEPARTMENT
DIVISION OF BUILDING AND PLANNING
STAFF REPORT ON VA►RIANCE APPLICATION
FILE NO VE-14-96
I SUMMARY OF REQUEST AND RECOMMENDATION Vanance request
to allow an existing sight obscunng fence six (6) feet in height to remain on the
flanking street property line whereas Section 14 810 020(1) of the Spokane
County Zonuig Code restncts residential fence height vvithin the flanking street
yard to three (3) feet in height if sight obscuntig and four (4) feet in height if the
fence is non-sight obscunng (cyclone)
Recommendahon Staff recommends the vanaace request be approved
II GENERAL INFORMATION
A Apphcant Glona Swaui
1026 S Uruversrty Road
Spokane, WA 99206
(509) 926-7860
B Contact Planner Francine Shaw
C Locahon Generally located at the northwest corner of the intersection of
Umversrty Road and 11 " Avenue m the SE '/4 of Section 20, Township 25
North, Range 44 EWM, Spokane County, Washington
D Emshng Zomng Urban Residential-3 5(LJR-3 S)
E Comprehensive Plan Designahon Urban
F Environmental Review The proposal is exempt from environmental
review pursuant to WAC 197-11-800(6)[b] and the Spokane
Environmental Ordinance 11 10 075
G Enabhng Zoning Section 14 404 080 (Vanance) of the Spokane County
Zoiung Code
H Hearing Date March 26, 1997
I Date of Determination of Completeness January 21, 1997
3-26-97 HE StaffReport for VE-14-96 Page 6
~ f
III FINDINGS OF FACT
A Site Descriphon The subject property is relahvely flat and is rectangular
in shape The srte is occupied by an exishng single family residence and
includes residential landscaping An existmg sight obscuring fence,
approxunately three (3) feet in height is located along the property line
frontuig Umversity Road and a porcion of the property line frontuig 11 '
Avenue A sight obscunng fence approximately six (6) feet m height is
located along the remairung portion of the property line frontuig 11 "
n
Avenue (outside the requued 25 foot front yard setback from the property
line fronting Umversity Road) and is the subject of this vanance request
The subject property is located west of and adjacent to Umversity Road
and north of and adjacent to 11 Avenue The Spokane County Zorung
Code Chapter 14 300 (Defuutions) defines the Lot Front Line for corner
lots as the shortest connnuous line separatvng the lot from the street or
public nght-of-way as the lot front luie however, the Zoiung Code fu.rther
defines Yards, Types and Measurements/Front Yazd as generally bemg
recogm.zed as by the location of the maui entrance to the building and/or
onentation to the prunary street The site plan and photographs in the
Division of Buildmg and Planning file clearly demonstrates the main
entrance to the existing residence is onented toward Uruversity Road
Additionally, the site address is idenrified as South 1026 Umversity Road
Therefore, the Division of Buildmg and Plannmg identifies the front yard
of the subject property as being located west of and adjacent to Umversity
Road and the flankmg street yard, in which the subject fence is located, as
being located adjacent north of and adjacent to 11" Avenue
B Pro,ect Descriphon The proposed vanance request is in response to a
zoning violahon filed wnth the Division of Building and Planning on June
11, 1996 (file no CV-82-96) If approved, the variance would allow the
exishng six (6) foot tall fence to remam on the flanking street yard
property line whereas Section 14 810 020(1) of the Spokane County
Zonuig Code restncts residential fence height vvithin the flanking street
yard to three (3) feet in height if sight obscunng and four (4) feet in height
if the fence is non-sight obscurYng (cyclone)
C Adjacent Zoning Urban Residennal-3 5(UR-3 5)
D, Ad,acent Land Uses Adjacent land use wntlun the vicuuty of the subject
property is predominately single family residential development
E Arterial Road Plan The subject property is located west of and adjacent
to Umversity Road and north of and adjacent to 11`h Avenue The
Spokane County Artenal Road Plan identifies University Road as a
3-26-97 HE Staff Report for VE-14-96 Page 7
I r
Pnricipal Artenal and 111 Avenue as a local access road No additional
nght-of-way or Future Acquisirion Area has been requested by the
Spokane County Division of Engineeruig and Roads
F Applicable Zoning Code Regulations Section 14 810 020(1), Fences
and Section 14 616 325(B3), Mirumum Yards
G Other Related Division of Building and Planning Files Zoning
violation, file no CV-82-96
IV DIVISION REVIEW AND REPORTS
Notice of this vanance was sent to 13 vanous County departments and agencies of
junsdiction The responses from the Spokane Regional Health Distnct, Spokane
County Division of Engineeruig and Roads and the Spokane County Division of
Utilities are attached and indicate these agencies offer no comment or
recommended conditions of approval for the vanance request
V VARIANCE ANALYSIS
In order to be approved, a vanance must comply with the conditions and
reqturements specified by Sechon 14 404 082 of the Spokane County Zoning
Code The following analysis identifies how the proposed vanance complies with
the above-crted condrtions and reqturements
Response 1a. b The applicant has demonstrated that special circumstances
apply to the subject property The srte is located on the northwest corner of the
mtersection of Uruversity Road and 11 ' Avenue and therefore is considered a
corner lot The developable porhon of a corner lot is luluted due to required
flanking street yard setbacks and associated coristrucnon lunitations therein that
do not apply to mtenor lots Therefore, corner lots are denied full use of the
properly encompassed by said lots that intenor lots enjoy
Response 16 The granting of this vanance request vvill neither be matenally
detnmental to the public welfare nor mjurious to the property or unprovements in
the vicuuty The applicant can demonstrate comphance with the "clear view
tnangle" requirements identified in Section 14 810 020(2) of the Spokane County
Zoning Code and the fence will not be a hazard to the travelmg public
Response 2 a Stnct application of the Zorung Code, specifically Section
14 810 020(1) does create an unreasonable burden on the applicant The subject
fence exists on the flanking street yard property line outside the front yard
setback In order to comply with the regulations of Sechon 14 810 020(1) the
3-26-97 HE Staff Report for VE-14-96 Page 8
,
1 =
applicant would erther have to reduce the fence to three (3) feet in height or
relocate the fence at the appropnate setback line (55 feet from the centerline of
11`hAvenue) Relocatuig the subject fence would place the fence further back on
the property than the existing residence Derual of the vanance would not
preclude reasonable use of the site The applicant's answer to question "F" on the
burden of proof form indicates that although the subject property could be put to a
reasonable use, the 25 foot-wide strip of land encompassed by the required
flanking street yard could not be screened from the view from surrounding
properties and would be derued the full pnvacy pnvileges that intenor lots enjoy
Respon.se 2 b Relaxation of the Zonuig Code standards vvill not allow a more
envuonmentally sensitive, energy conserving design nor will it result in the
adaptive reuse of an histonc property
Response 2c. The broader pubhc interest would not be served
Response 3 a The application does not take into consideration any precedence
established by illegal or nonconfonrung circumstances as a reason for granung the
variance request
Respon.se 3 b Grantuig the vanance request would not establish a precedent m
Spokane County that would adversely affect the zonuig concept for an area or the
County as a whole
Resporrse 3 c Not applicable
Response 3d The proposal has no impact on the general purpose and intent of
the Urban category of the Comprehensive Plan
Response 3 e Not applicable
Response 3 f c4c g The vanance proposal would not be considered a defacto zone
change
VI VA►RIANCE CONCLUSION
The cntena for approval of a vanance as specified by Section 14 404 082 of the
Spokane County Zotung Code generally support the proposed request The
vanaace wnll not grant a special pnvilege inconsistent wnth other propemes
located wnthin the vicinity of the subject site nor will the granting of the vanance
be matenally detnmental to the public welfare or injunous to the property or
unprovements vvitlun the viciruty and zone in which the subject property is
located
3-26-97 HE Staff Report for VE-14-96 Page 9
t f
VII RECUMMENDATION
The Division of Building and Planrung has reviewed the vanance requests in
accordance with the cntena specified by the Spokane County Zomng Code and
finds that the propasal does satrsfy a majonty of these cntena. Therefore, the
Division af Btuldvag and Plamung recommends apgroval of the Vanance request
VIII CONDITIONS OF APPROVAL
1 The applicant sha11 develop the subject properiy generally in accordance wnth the
concept presented to the Heanng Exarruner Vanations, when approved by the
Division Drrector/designee, may be pernutted, inclucimg but not Iuruted to
btuldmg location, landscape plans, and general allowabie uses o0f the permitted
zone All vanatians must conform to regulations set forth in the Spokane County
Zomng Code, and the ongmal mtent of the development plans shall be
mamtained
2 The Division of Building and Plaiuung shall prepare a.ad record vvith the Spokane
County Audrtor a Title Nohce notYng that the property in question is sub,ect to a
vanety of special conditions imposed as a result of approval of a land use action
T1us Title Notice shall serve as public natice of the conditions of approval
affecting tlie property in quesrion The Title Notice shauld be recarded wrthun the
same time frame as allowed for an appeal and sha11 only be released, in full or in
part, by the Divisivn of Bu.ilduig and Planiung The Trtle Notice shall generally
pravide as fvllows
Tbe parcel of property legally described as [ ] is tbe subject of a
1$nd use achon by a Spokane County Hearing Body or AdminLStrative
Offcial on Marc6 26,1997 imposrag a variety of special development
condifioas File N0 VE-14-96 is available for inspechon and copymg m tbe
Spokane County Division of Buildmg and Planaung
Aitached are condzfions submi#ted to thn file from the folIowvng agencies
Spokane County Division of Engineenng and Roads dated January 27, 1997
Spokane County Division of Utilihes dated March 12, 1997
Spokane Regional Health Distnct dated January 24, 1997
3-26-97 HE StaffReport for VE-14-96 Page 10
.
~ j
QFFICE OF THE SPOKANE COUhITY ENGINEER
1026 W Broadway Ave, Spakane, WA 99260-4170 (509)456-3600 Fax 324-3478
"ENGINEER' S CONDITIONS OF APFROVALr' VARIANCE ,
TO Spokane Cvunty PlannincJ Department
FROM Divlsion of Engineering & Roads
DATE 01/27/97
PROJECT FLANK STREET SETBACR 25' (CODE 551)
FILE # VE-14-96 / }
Hearing/Review Date 01/17/1997
Sponsvr/Applicant GLORIA SWAIN
Sectian Township Range 20-25-44
Planner FRANCINE SHAW
Design/Review Date ( @ )
The Spokane County Engineering Department has reviewed the above referenced
application The following "Conditions of Approval" are submitted to the
Spakane County Planning Depart;nent for inelusion in the "Findings of F3Ctr
Conclusions and Order/Deeision " should the =equest be approved
1 We have reviewed the above referenced proposal and have no comments to
make concerning the applicativn
`,f-
'OKANE LOLJ~~
,AN 2 7 1911
rIivl91O►v ir 4l :rr r)1M, nria ri nPP11Ptr;
nY
CC Applicant GLQftIA SWAIN
Engineer/SurWeyor -
1-7Fi-Q7 T4F Ctaff Rannrt fnr VF-1LL-U(; Pao~ 11
~
To FRANClNE SHAW, Spakane County Department of Building and Planning Hearing Examiner
From Spokane County Utilities
Date 3112197
Subject Conditions of Approval
Planning Action Number VE-0014-96 Type of Activn VAR REQUEST FOR 30 FT FENCE
SETBACK
Applicant Gloria Swain Lega! Owner Glorra Swain
1026 S University 1026 S Unrversity
Spokane WA 99206 Spokane WA 99206
Sewer Service Spokane County
SS02 There are no recommendations concemmg the method of sewage disposal as the proJect is autside of
the 201 sewer study area +
Water Service
_ L-1'j~ i)
~1POKAfJE Con ry
MAR ) 3 1991
r,IvIsrON 01 e011 blr 'b nut) PLArrrrrrstz
rf
. - - . . .i ^ .
-7 r."
Pi ~C Ed v~D S~'OK~1NE CC~UrI~' SPQKANE REGIONAL HEALTH DISTR(CT
ENVIRONMENTAL HEALTH DIVISIQN
• lAiN 2 9 1997 INTEROFFICE MEMO
nIvisIo+v GF @UlIDING AND PLANNirG
DATE: January 24, 1997
. . , . , , .
~
TO: Francine Shaw, Planner II, Spokane County Division of Building and
'~nninn
^ AY Ci
SUBJECT: Variance Request VE-14-96
The Qpokane Regiona( Health District has reviewed the above action. We offer no
comment. planning Itr1VE•14•961pa
iiL i.aL L hC:por t r or VL-14-9b Page 13
I ~ a
~ - z~ - '17
C- .
v ~ - 7 .
: . ,
,
,
• ~ . ' ~Jf i .
;
,
~
~ - .
~ . _ = - - J -
.
F : ( - - . -
- -
.
OFFICE OF THE SPOKANE COUNTY ENGINEER
1026 W Broadway Ave, Spokane, WA 99260-0170 (509)456-3600 Fax 324-3478
"ENGINEER'S CONDITIONS OF APPROVAL" VARIANCE
TO: Spokane County Planning Departmep~ti
FROM: Division of Engineering & Roads
DATE: March 18 1997
PROJECT: FLANK STREET SETBACR 25' (CODE 551)
FILE VE-14-96 / )
Hearing: 03/26/1997 @9:99 #1
Review Date: 01/17/1997
Sponsor/Applicant: GLORIA SWAIN
Section Township Range: 20-25-44
Planner: FRANCINE SHAW
Design/Review Date: ( @ )
The Spokane County Engineering Department has reviewed the above referenced
application. The following "Conditions of Approval" are submitted to the
Spokane County Planning Department for inclusion in the "Findings of Fact,
Conclusions and Order/Decision " should the request be approved.
1. We have reviewed the above referenced proposal and have no comments to
make concerning the application.
CC: Applicant GLORIA SWAIN
Engineer/Surveyor -
I *sPoKArrE +cOUNTY xEARiNr EX.aMINER
In the Matt+er Cvncerning VE-14-96; a Variance )
Request } NOTICE (]F
} PUBLIC HEARI111G
~
Applicant: Gloria Swain )
TO: All interested persons, and property owners and taxpayers within 400 feet of proposal, as listed
on Spokane County Assessor's records.
YOU ARE HEREBY N4TIFIED THAT A PUBLIC HEARING WILL BE HELI3 C7N THE ABC]VE-
REFERENCED LAND USE APPLICATI4N, AS SET FORTH BELOW:
Hearing Date: March 26, 1997 Time: 9:00 a.m.
Place: Cammissioners Assenabty Room, Lower LeVel, Spokane County Public Works Building, 1426
West Broadway, Spokane; Washington.
Proposal: Variance request to allaw an existing six foot tall sight obsctiring fence to remain on the
flanking street yard property line whereas Section 14.810.020 (1) of the Spvkane County Zoning Cade
restricts residential fence height within the flanking street yard tv three feet in height if sight obscurring
and fotiar feet in height if the fence is non-sight obscuring (cyclone).
ApplicantlOwner: Gloria Swain
1026 S. University Road
SpQkane, WA. 99206
(509} 926-7860
Location: Generally located at the northwest corner of the intersection of University Road and 11 t4'
Aventie in the SE '/d of Section 24, Townsizip 25 N., Range 44 F,'WM, Spokane County, Washington.
Zoning: Urban R.esidentia1s3.5 (UR-3.5).
ComPrehensive Plan. Urban.
Environmental Determinatian (SEPA): .A Determination of Nonsignificance has been issued. The
Iaivision of Building and Planning is tl7e lead agency. The official camment periad ends March 24, 1997.
Related Permits Not Included in Application: Npne.
Divisian of Building & Planning St7ff Person: Francine Sllaw; Plamner 11 509-456-2205
. rOFFICE OF THE SPOKANE COUNTY ENGINEER
1026 W Broadway Ave, Spokane, WA 99260-0170 (509)456-3600 Fax 324-3478
"ENGINEER'S CONDITIONS OF A! ROVAL" VARIANCE
T0: Spokane County Planning Department~ .
FROM: Division of Engineering & Roads J14K-1
DATE: 01/24/97
PROJECT: E'LANK STREET SETBACK 25' (CODE 551)
FILE VE-14-96 / )
Hearing/Review Date: 01/17/1997
Sponsor/Applicant: GLORIA SWAIN
Section Township Range: 20-25-44
Planner: FRANCINE SHAW
Design/Review Date: ( @ )
The Spokane County Engineering Department has reviewed the above referenced
application. The following "Conditions of Approval" are submitted to the
Spokane County Planning Department for inclusion in the "Findings of Fact,
Conclusions and Order/Decision " should the request be approved.
1. We have reviewed the above referenced proposal and have no comments to
make concerning the application.
CC: Applicant GLORIA SWAIN
Engineer/Surveyor -
• . .
S P C~ K A N E O lJ N " 1' l
DFPARTh4ENT OF BUILDING .AND PLANNiNG • A DlV(SION OF THE PUBI.IC WORKS DEPARTN1E~: i
.
~ AN 0 199~
MrMnRANnUM
.
TO: 1'~it Ilir}~~•~, l'OuiM 01%i;i~~>>
Jim Red, Spokane County Division of Utilities
Steve Holderby, Spokane County Health District
Wyn Birkenthal, Spokane Count\! P.11'I:s. Recre~itioii
Steve Worley, Stormwater Utilit\
Bill Hemmings, Development L:nb1112~:rin`~ tic►-% 1~~CI-1
Greg Figg, Department of Transportation
Glen Miles, Spokane Regional Transportation Comnc:il
Christine FLieston, Spokane Transit Authoric~,
Susan Winchell, Boundary Review Bo~i!,'
Central Valley School District No. 356
Tire District No. 1
Vera Water & ['ower
I'ROM: rrancitle Shaw. I'klniier II ;
DATr: JanLtai-y 6, 199;'
RE: Variailce request ior VE-14-96
rnclosed find copies of tlle above referenced variance reqLiest. Please review the
rroPosed project and forward any comments you may have to me by January 17, 199"'.
As you are aware, no Application Acceptance and Design Review meetings are held i;;
respanse to variance reqtiests. In order tu provide the applicant a timely review of th~,
variance application, the Notice of Application process and agency review of the prop
will be conducted simultaneously. No fiirther opportunity will exist for comment to l-:_
»lade with regai-d to this Prorosal unless aclditional information or site i~,i~~~~~
requestecl.
c: (;Ioi-i,l ti\~<<in, 1 0?0 S. l IZ(mL1, tipol:~►nr. 99_200
:'\lLlC11111clll5: :1pp1ic,111u). I'rojCCt 1)~•;i~n. Sile I'I,in
1WLJ I BI\l1AUAV':Al A%'l~;~l.'l: • `_>1'(_~l:Af:l:, ~~':1:i 11~~( (U:: ':d`
BuI1.Dttvc PtioNE: (509) 456-3675 • FAx: (509) 456-47())
PLANNING PHONE: (509) 456-2205 • I~ r`~~!`~l 1.
~
1
SFOKANE COUNTY DIVISION OF PLANNING
APPLICATIONS +I 'J J J Y ADJUSTOR
/
Name of Applicant _A 4~wa Agent Y
Smeet Address !t" S~ v~ Q{
71p ~ q,., Phone - Home _9)-IeLID
C"ity ^q S tate Code ~ Work
A Agent's No
Name of Property Owner(s) S•¢~ K
Street Address
ZIp Phone - Home
Gyty State Code Work
REQUESTED AC'I'ION(S) (Circle appropnate acaon)
(Vananceg) Condiaonal Use Pernut Expansion of a
`O-thert Nonconformmg Use
FOR STAFF USE ONLY
Violation/
Secuo~ Townshi~ Rangt~ Enforcement Y N
-Fire Dtstrtct NA •CWWP sewer purveyor
CWSP water purve or $46( •CUP standards met, Y N NA
•Exisling zone •Cite applicable sect=4_~&
•Com Plan desi nation 7 •Artenal Road Alan design ~
P g ation u --v 1o
•CnUcal Areas Wetland-\ HabitatU-4. GeologicLy_~ Aquifero and/or Fl2on~ -
Lot legal & add'1 ownership checked by •Person doins preapp conf ~
-Other/prev ous ivision o Plannin aclio involving this property _Ly" ~
SEPA complele application date
Certificate of Exempuon No ApplicaUon No
•Heanng Date •Van ce s te Vimensions checked byABO TIiE P OPEItTY by ap Iicant •Exisnng use o property _ if1rS ~ 0~e
•Descnbe pro osed use of the property, o n ch n~e from 'exis n s'
~ - rY S~- ~ c ~ ~ ~ 1'1fl ~
•If a varlance applicanon, state the Code standard and _docnbe e vanance s i com hl
rms (i 71, f et jf~o-p c terline verses uilr 65 feet e?e
C '
~
• p~~t-eppljteaHatrA pasa1-meet-ali-statrd a--rds?Y`- N
WasOas.on ces-been-r$quested?--Y Ai
44I0M&INI]L1STRY,has consultatiefl-eeeurred-witlrDivisl-on-af Btiildings regardmg
eenstructioA-e€-bntldtng-for-4ntended-use-~-Y N
•What is the siz,e of the subject property
•Street address of property (if known) O~. S . v~ s; r~
• g 1 descnptlo c~ 0 rope (inc de e ment, if a licabl
•Parcel No(s) `
•Source of legal
•Total amount of adjoining land controll by this owner, sponsor and/or agent
•What interest do you (applicant) hold in the property9 o~,n v- B
STA'lE OF WASHINGTON ) SS
OOUNTY OF SPOKANE )
I SWF.A 0 TY OF PERJURY, THAT (1) I AM'IHE OWNER OF RSCORD OR AUI'HORIZED AGENT FOR THc
PRO anTHE OWNER, WRITIF.N 1'ERMISSiON FROM OWNER A[TI'HORI7JNG MY ACTIONS ON
HIS D- AND (3) AI.LOFTHEABOVE RESPONSES AND'I'11OSE ON SUPPORTlIYG DOCUMEMfS
~ Y 'In THE BESf OF MY 1WOW[BDGE
(4;2,
NOri'I1R1r
~ Signed Date j'
9APU8UC c ~ z / O
25.~~ Notary Publ in and fot tlte state of "Rftw residmg at
•~~~i~~WA$~~~~~~ _ My a~ai nt expires
~0 paSe 1 of 2
IID/L1 APP (REV 4,95)
VE- t4-q 6
~
. ,
A BURDEN OF PROOF form(s) (by applicant)
It is neccssary for the applicant or hisJher representaave to establish the reasons why the
REQUESTEb ACfION should be approved and to literally put forth the basic argument in favor
of approving the applicadon Accordingly, you should have been given a fomn for your requested
acdon (vanance, condleonal use, etc ) designed to help you present your case in a way which
addresses the cntena which the Zoning Adjustor must consider Please fill the form out and return
it with your appltcanon
B SIGN-OFF BY COUIVTY DEPARTMENTS AND OTHER AGENCIES
(applicant must visit each agency whose no is circled below)
000SPOKANE COUNTY HEALTH DISTRICT
a) Proposed method of water supply
b) Proposed method of sewage disposal
A preliminary consultation has been held to discuss the proposal The applicant has been informed
of requuements and standards We request consultation wnth Div ion of Plammng
~
(Signature) (Date) n-off Waived by 1 ing)
,VO'SPOKANE COUNTY DIVISION OF BUILDINGS
FOR HOME INDUSTRY ONLY A preliminary consultation has been held to discuss the
proposal The applicant has been informed of requuements and standards for the bu~ldi g, based
upon the proposed use
(Signature) (Date) (Sign-off Waived by mng)
~ 3 OKANE CUUNTY DON OF ENGINEERING & ROADS
rel~ ary consult on has b~Iuest ld to discuss the proposal The applicant has been informed
~ of uire e ts nd ndards co taaon with Division of Planning Y N
~ /J ~ - Z.?(Sign-off (Signature) (Date Waived)
OoKSPOKANE COUNTY DTVISION OF UTILITIES (Division of Planning may waive
if ou~side WWMA)
A preliminary consultation has been held to discuss the proposal The applicant has been mformed
of requuements and standards
~
(Signature) (Date) ( AgInn-off Waived by nning)
The applicant is required to discuss the proposal with
to become informed of water system
nequirements and standards (See #a below)
The applicant is required to discuss the proposal with
to become informed of sewage disposal
requir+ements and standards (See #b below)
a WATER PURVEYOR
1) The proposal ish's not tocated wnthin the boundary of our future service area
2) The proposal isrs not located vnthin the boundary of our current distnct
3) We able to serve this site wlth adequate water
4) Sahsfactory arrangements have/have not been made to serve this proposal
(Signature) (Date) b SEWERAGE PURVCYOR
A preliminary consultation has been held to discuss the proposal The applicant has been
informed of requirements and standards
(Signature) (Date) RECEIVED
SPOKANE COUIVTY
uEC 0 61996
page 2 of 2 n"149lnm nF' OUILDINQ AND pl,pMM
IID/L► APP (REV 4/4S)
o y /
~ v +
SPOK:ANE COUNTY DIVISION OF PLANNING
APP .i ATTONS I3F ORE THF ZONiNG AI)1USTOR
.
Name of Applicant A ~;Ujo► Agent Y
Street Address v (:!7 2<-►'ti
' 7,ip ~ Phone - Home ~-c
City ~ F State Code ~ ~-to Work ~-~j -V
A Agent's No
Name of Property Owner(s) S•¢
Street Address
7,ip Phone - Home
City State Code Work
REQUESTED AGTION(S) (Circle appropnate acaon)
ananceo) Conditional Use Pernut Expansion of a
\GRer, Nonconforming Use
FOR STAFF USE ONLY
jViolaaon/
w
SecUo~ Townsh~ RanggL.l " EnforcemenL Y N
~
•F'ue Distnct CWWP sewer purveyor
-CWSP water purve or •CUP standards meL Y N EA)
Exisung zone ~ 'Cite applicable seciion.
Comp Pian designation, •Artena! Road Plan designation
•Cntical Areas Wetland$ Habitat Geolosic Aqutfcr and/or Fl?~djnb -
~
•Lot, lega►18t add7 ownership checked by Person doing preapp conf JrRIOA
•Other/previous Division of Planning actions involving this property _
SEPA complete applicauon dat~-_4iz~
-Certificate of Exemption No ApplicaUon No
•Heanng Date •Van ce s te imensions checked bya
ABOTIT THE P OPLRTY by ap licant
•Existing use o property
•Descnbe proposed use of the property, noqU chqW firom'existing use'
•If a vanance applicahon, state the Code standard and ,d~scnbe ~ig bvp.nance souLrht in com bl
rms (i , f et o qnc terune verses u~Aon
~
• , tt stwdazds? Y""- -N-
N_
as-se ivrsmer6t'uildings regardmg
c cd_use?-Y N
•What is the sizre of the subject property
•Street address of property (if known)
•Legal descnption of property (include easement, if applicable)
•Parcel No(s) •Source of legat
•Total amount of adjoining land controlled by this owner, sponsor and/or agent
•What interest do you (applicant) hold in the property?
srATee oFw,4sxnvcrox ) ss
oovrrrYOFSpoxarrE ~
I SWEAR, UNDER PENALTY OF PERJURY THAT (1) I AM THE OWNER OF RFCORD OR AUTHORTZED AGENT FOR THE
PROPOSED StTE. (2) IF NO'i' TNE OWNER, WRITTEN PERMISSION FROM OWNER AUTHOR171NG MY ACITONS ON
HIS/HER BEHALF 3 ATTACHED AND (3) AI.L OF THE ABOVE RESAONSES AND THOSE ON SUPPORT[NG DOCUMEIdTS
ARE MADE TRVI'EiFULLY ANDTO THE BEST OF MY KNOWLEDGE.
Signcd Date
Notary Pub1ic in and for the state of Washmgton residmg at
My appointment expires
page 1 of 2
~ti► A~ (xEV a95)
. +i
~ . .
A BURDEN QF PR40F form{s} (by applicant)
It is necessary far the apglieant or his/her representative to establish the reasons why the
REQUESTED ACTION should be approved and to litera.lly put forth the basic argument in favvr
of approving the applicahon Accordingly, you should have been g7ven a form for your requested
action (vanance, condlaonal use, etc ) designed to help you present your case in a way which
addresses the cntena which the Zoning Adjustor must consrder Please fill the form out and return
it w►ith your application
B SIGN-fJFF BY COUNTY DEPARTMENTS AND OTHER AGENCIES
(applicant must visit each ageney whase no is carcled beIow)
SPOKANE COUNTY HEALTH DISTRICT
a} Proposed method of water supply b) P'raposed rnethod of sewage disposal A preliminary consultaaon has been held ta discuss the praposal The applicant has been i.nfonned
of requuements and standards We request consultanon with Div ion af Planning
'Ap (Signature) (Date) •off Waived by 1 ingi
,,2-'''SP(JKANE COUNTY DIVISIUN 4F B'UILDINGS
FQR H4ME IlNDUSTRY 4NLY A prelinunary consultation has been held w discuss the
pmposal The applicant has been informed of requirements and standards for the bui1d~ g, based
upon the pmposed use ~
(Signature) (Date) (Sign-off Waived by 1 ning}
4,, 3 OrKANE COUNTY DTV UN OF ENGINEERING 8c ROADS
reli ary cvnsult on has bee Zd to discuss the proposal The applicant has been informecl
of uire e d ndards W quest ca tation with Division of ~'lanning Y N
'-I
(Signature) (Date (Sign-off Waived)
SPOKANE COUNTY DIVISI4N UF UTILITIES (I)ivision of Plannxng may waive
if outside WWMA)
A preliminary consultation has been held to discuss the prvposal The applicant has been informed
of requuements and standards
iloa ~
(Si,gnature) (Date) ( igm-off Waive+bning)
The applicant is requtred to discuss the proposal with
to become informed of water system
neq,uirements and standards (See #a below)
The applYCant islrequured to discuss the proposal with
to become informed of sewage disposal
requirements and standards (See #b below)
a WATER FURVEY4R
1) The proposal is/i~s nat lc~cated vcnthin the boundary vf our future service area
2} The propvsal islis noi located wnthrn the bvundary pf nur cunent dismct
3) We able to serve this site with adequate water
4) Sansfactary arrangements havelbave not been made to serve this pmpasal
(Signature) (Date)
b SEWERAGE PURVEYUR ,
A prehrrunary consultanon has been held to discuss the proposal The applicant has been
informed of requirements and standards
(Signature) (Date)
page 2 oF 2
FIDIZA APF (ItEV 4/95)
?EIZ.MI`Il C',ENTLR PASSPOIZ'I'
7 ~ - l7 ~1 cC-
.Umb«.
Na►nc 1,- vV ' I'hone
. ~/iv
nddress
~
Commcnts: A / V ~ ~ /4/`V(4C-Af-((3/-j ~
CUSTOMER ROUTING
Division of I3uilding & Plannin , Division of f3uilding & Plannin
<:;:;.::<.::~:::;•:>::<:<::
. .
. . : Y..,. . ::v: : :v. ~ : v. ~ '.i~: i}; }}i_'{; '•5:?{??' :;:::}ti.i}:;}} Y: ii}: ~ ~
~
t : ' . . : i>i::<:
.:~::.::;.::.:'t.
YN!~
1. ~~►~N~ :S~~troz~ ~'~A~tN:~e.~itoa l~ > :
~,EE~2,: .,s,on::;:;:;:::;:
, Addressing y , Admin. Exception , Approach Perniit
Building Permit Arterial Rd Plan Info Flood Plain Yerniit
s Code lnformation , E3inding Site Plan Info Public/Private RoaeJs
~ Commercial Review , Cert. ofExempUon ~ Res. E31dg Permit Rev.
_ Conference ~ Comprehensive Plan , Site Drainage Info
~ Energy Code Info ~ Cond. Use Perniit = Subdivision Review
Fire Safety Review , NonconForming Use ~ Utility Permit
~ Manufactured Home ~ Permit Review i Zone Cliange Review
~ Mechanical Pecmits ~ Shorelines Info ~
, Other Permits ~ Short Plat Info NO FEE REQUIRED
Rcvicwer 'I'imc out
i f'IumUing Pennits ~ Subdivision Info ~
~
I' ~
. ~ J
::~a::;
nvatc Road 1nf
0
7 en .
Use Perm't ~i~
P ~#o , . _ < !
_ Residentia) Review s Variance Appl. i APA Payment
, Sewer Permits , Zone Check i Cert. of Exemption
Information 'Lonc Info Subdivision Rcview
ULID/Sewer Info
Zone Cliange Iteview
~ ! -
NO FEE REQUIRED ! ND FEE RCQUIRED
Reviewcr "I'imc out Rcvic%ver '('imc oul Rc%,icwcr 'I, imc out
~ I
\IASTL•RU'ASSI'OR10 R 2/16/96
~ RECEIPT SUNMARY
, . ~ •
• . .
TRANSACTION NUMBER: T9601870 DATE: 10/17/96
APPLICANT: GLORIA SWAIN PHONE= 509 926 7860
ADDRESS: 1026 S UNIVERSITY RD
SPOKANE WA 99206
CONTACT NAME: APPLICANT PHONEa 509 926 7860
TRANSACTION: ENGINEERING FEE "
DOCtJMENT ID : 1) 2) 3)
4) 5) 6)
FEE & PAYMENT Si7MMRY
ITEM DESCRIPTION QUANTITY FEE AMOUNT
VARIANCE 1 50.00
TOTAL DUE ~ 50.00
TOTAL PAIDa 50.00
BALANCE OWING= .00
PAYMENT DATE RECEIPT# CHECK# PAYMENT AMOUNT
10/17/96 00011126 766 50.00
PROCES3ED BY: CHRISTY HARGRAVE
PRINTED BY: CHRISTY HARGRAVE
~**~******~************rr******** THANK YOU
I
I
rl y \ f
sPaxANE couNTY nivISloN t~~ PLANNrNG
aULIcATIONS BrrORr; 311F,~..~'~ONING AD.xUSTOR
r•
Name of Applicant: rR► A ~rj~ Agent: Y
Street Address: (),n; vc7 12 < % ►`~-r
' Zip Phc~ne - Hame. 9
City: )ro1~C'~ r~ State: Co~de: ~ (0 V'V'ork:
A Agent's No.:
Name of Property Owner(s): ';4-1mr
Street Address:
Zip Phone - Home:
City: Stare. Cade: Work:
REQ'[.D'ESTED ALTI+DN{S} (Circle apPropriate actian):
~'~Vanance~,s~ Conditional Use permit Expansian of a
03ther; Noncanforming Use
C(JR STAFI? USE LlN Y Violation/
Sectio ownshi~l Rang~" Enfarcement; Y N
P
-Fire District. _A •CWWP sewer Purveyor: _ •CWSF waler purveyor: \Vl~ UP slanc~arcis met: Y N hiA
~ ~
•Existing zone: U--,) 'Cite ap{~ iira le sectinn;~r
C . ' h~ ~ .
~.•Anerial Road Pl~,n designatic~n: (._I'~V
-Comp. Plan designation~ ~o- ~
"Critical Areas: Wellands.b/-\ ;HabitatL]A; GeologicLV~; Aquiferk and/or F1ood'ngl&-
•Lot, iegai & acfd'I ownerstiip checked 6y: ~ •P'erson doing preapp confjn" -e
•0tlier/previnus ivisinn of PEanning aclio involving this prcapcrty._
~ SEPA ccamplete applicatic,n date: .
•Certif~care of Exemptivn Nn.:_ ~~Application Na.:
~
•Hearin,~ Date: *Var~ nce,s'te an~lirnensians cl~ecke~i byi '
Pl/ o r~
-&Z c --ra I ~
AI3QUh' TIjr P0PL12TY by ap I~cant)
•Existing use o rproperty: ~r~ 1 D~ n~-►' t=
•Describe proposed use of t}ae praperty, no in c}tane from `existt~ use':
~ " r' -rSS 176 ,:;,i o-
•If avariance application, state the Code standard and describe 1e varian+ sou ht in com 'arahl t
rms Net frv i cW terline verses c~uir 65 feet : ~ .
► ~ # , CS 0 l
~ /`tc .
;44(ff'` ! P . .
•If*-eeffidi~ena1-use peFTnl€-applieat~~~; dee -pr 1)asa}-mect-atl-srandards?-Y``- N-
jf-not,has-one-or_more-variances-been-requested-:)-Y - N,
`If-I-IUME,-IhTDUS'TRY,-has-cvnsultativn-occtirred-witli-DivisiotFvf'IIi~ildings regarding
canstructian-af-bui ldin g--for intended-use?-Y N
•What is the size of the sub'ect PrvPertY. C' fi~'~~'---,
~ -
-SCreet address of property (if known): v 4.,L s ; r-L)
1 descriptjorl n rope (incl ir~e e s ment, if aplicabl :
, I ~
_ U
•Parcel Na(s).. ~ • _ . r ,
•5aurce of legal: r`='~, • `
•Total amount of adjoinin~; land contrc~ll by this awner, sponsor and/ar agent:
•What interest da you (applicant) hoid in the praPerty? ou/rf -e- 12
sTATE oF wAs[rrrr-r`aN ~ sS
cOUNrY ar, srac3KAuE ~
I SWEAIZ +!i AI.TY (]F PERJURY, TIiAT: ) I AM 11 IE OWNCR OF RECC?RD QR AU'1"i-I{)Ri2ED AGENT FOR "f'ItE
FROP~.S 1DL9 'ff%0'T'fT1E OV4'NEk, WRITIEN PERMSSTC3N C'1ZOM Q4't+'NCR AUTNOR123NG MY ACTiONS (]N
IiIS 3Ell; AND (3) ALL []F'TFiE Al3aVE RES1'ONSES AND TE{(]SE 0N SUP!'(3RT1NG DOCCUMENTS
A 4 ~ Y D'PC}T1-IE RESi' C7F MY KNflWLEDGE.
: wcrTARr
S i gneci: Dale
PUB~I'i r'~' ~ _ ~ ~,r _ ,p
j
i~"i~~`,~`'•:~;~,25~ Nokary Putal'~ in and for ltie stale of n;- resfding at
c
QP My appn3 nt expires: '4
WAS
~►i'4w -
page 1 of 2
iro/ZA aPF (tEv. 4/95)
(LI-9 6
~
~ . -
ti • ~
A. BUIxDEN +QF PI~OOF form{s} (bY aPPlieant)
It is necessary far the applicant or hislher representative to estabtish the reasans why the
REQUESTED ACTTC}N should be approved and to literally nut forth the basic argumenC in favor
of approving the applicaaan. Accordingly, you shoutd have been given a f67 far yaur requested
action (variance, conditionai use, etc,) designed to help yvu present your case in a way which
addresses the criteria which the 7oning Adjustar mt;st cansider. Please fill the fvrm vut and return
it with yvur application.
B. SIGN-l7T'F BY COUN7'Y DEPA►RTMENTS AND QTHER AGENCTES
(applicant must visit each agenCy whose nv. is circled below)
. SP4KANE COUNTY IYEALTH DIS'I'TtICT
' a) Prvpased method vf water supply:
b} Propased method of sewage disposal:
A preliminary cQnsultatian has been held to discuss the pmposal. '1'he applicant has been infprmed
of requirements and standards. VVe request ca►nsultation with Diw' ion af Planning
,
17771
L
. (5ignature) (Date) ~n off Waiyed by 1 ini}
,1-.,-'SPOKANE CC3UNTY I]►IVISYON +DF BUILUTNG5
FCaR. HOME YNDUSTRY QNLY: A preliminary consultation has been held to discuss the
proposal. The applicant has been informed of requirements and standards for the buildi g, based
upan the proposed use. ~
.r -
(Signature) (Date) (Sign-off Waived by 1 nning)
~3 S]~PKANE COX1NTY DIV ON OF ENGINEERING & ROADS
~ retir~t' aconsult ~ivn has bee ld to discuss the ProP'osat. The aF~Plieant has been informed
of ~tiireents nd ndards. W c~uest ~cv ltation wiih Division of i~lanning. Y N
~
JI 0 X~ & ~ ~
~ (Signature) (Date (Sign-off Waived)
~
.SP[IKANE CO[]NTY DYVISION OI+ UTILITIES (Division of Planning may waive
if outside'VV'WMA)
A preliminary constiItarion has been held to discuss the propasal. The applicant has been informed
vf re+quirements and standards.
(Si,~nature) (Date) ( ~h-off aived by P t nning}
ne applicant is required to discuss the praposal with
to become informed +of water system
requirements and standards. (See #a below)
f ] The applicant is renuired to discuss the proposal with
to beca,me i n farmed of sewa ge d isposal
requirements and standards. (See #b below)
a. WA►TER PCJ'RVEY(JR:
1) The proposal i i n tocated within the boundary of aur future service area.
2) The praposal Wis nQt located within the b+oundary of our current district.
3) Wc r r n able to serve this site with adeqtiate water.
4) Satisfactary arrangements havelhave not be.en made to serve this propvsal.
(S ignature) (Date)
b. SEWERAGE PUR'VEYOR:
A preliminary cvnsulcatican has been held tc discEiss the proposaL The applicant has been
informed ot requirements and standards.
(S ignature) (Date)
HECLIVED
wPn. KANE COUNTY
u Ec o 6 1996,
pase 2 oe 2 r)".119 nW Or- il[1lt,DING ANb RANNtNG
rm/ZA AnP (REV. aM)
V~2t ~ ~LAw Y-- ' ` ' -
~
~ T~
r !A
.
''g
iS ~
00 ° A
~
~
t ov' ~
~
m
~ P~. #
Vegs,-Ti~ • ~ ~
.~~C4,~~
~
~
~
~
A.
. ~ .
~ .z
~ ~ S • ~ ~ i
.
`1► . ~ r
~
~
i t
~
~
~
~
~
p
t:
Z
I~
~
~ n ~ 1►9~~.
01
t
•
, v, ~ EL,
RStDE. l~
Q R ~v~ , •
, .
'
.
~ F ► ~ ~ p _ `
_
Z ~~uNT~'t RAIL.RpAp '
E - "
~ A .:c M t t.►~'A U KE
5 ~ o►~ ° r- r---~ Y O V A~ ~
P.; A ~ ~ ; . • t
i ' ..1 _ ~ • ~j
I
,'~►V ~ t~ ,
t :►.i ~
a T N u1 5~ N
FOv
~c s cc ' ~ SEy EN~ ~ E'~}N~
o ~ -7Tr Z1
rH a j T H ~ faj~fN ,o ~
Ot ~ ti T H
10 T
.
10
'r 1 T~ JPP'O~n
EN R~ ;
loth AVE. ' . j ~
~ J tA;
1-11s«~ Q #
°
S
' • /991
►4,~,~
O
• A~ 0 ~ „ • ~ ~3 i
~ J ~ '~+i+
1 ~ ► i,, ~ Z w .
i-
~ Z •
' d• h
\
' ~ z 7
I , O
Aqr
, a
S p R hG V E ~ V/~'(C i V L~ 1`~ ~y1, t/~T V lT'
A FeN C.E, Ohl T-AN K! N G
ST2 C~r ~Ro P ~..2T y~.- r N~
1D~h
I'~ O nJ
S-TG w 3 lZE-IC:tU~Qe D S E'T BACk_' I S SS l FQOM CET~iEA.Lin,
0
;CININ MA'P ` 100' 1
.
EafiST1N(,-6 iWOOD
~ • • •
~ • I ~ ~
• ~ 1
n~
n~ .
VA/1llERS ITY P~-- ~ ~ ~ 3vr
~ Lo7-s ~l2
? • ~ ~-O ~-K. I 2 ~ ~
J I 1- ~ I 1
o Ic~ • I r~
~ A I
~ s. 1026
A
VuIvF-as,-t-/
f C- ~
rr
M l I~' L, A-V E -
'r
_t
i
~
~
~
i ~
HECEIVED
SF'OI<ANE COUNTY
u EC o 6 1996
r,rVISI"N 611ti.DINC; AND PIANNIFtG S I T E P LAFJ
OF RECORD
vE -Iy -9~p