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CUE-11-01 w ~ i SPOKANE COUNTY HEARING EXAMIZVER RE: Conditional Use Permit for an Accessory ) Unit in a Single-Family Dwelling; in the ) FINDINGS OF FAC'T, Urban Residential-3.5 (UR 3 5) Zone; ) CONCLUSIONS OF LAW, Applicant: Steve Cote ) AND DECISION File No. CUE-11-01 ) ) This matter coming on for public heazing August 22, 2001, the Hearing Examiner, after review of the subject apphcation and the entire record, and finding good cause therefore, hereby makes the following findings of fact, conclusions of law and decision: I. FINDINGS OF FACT 1. The subject application requests approval of a conditional use permit to a11ow an accessory unit in a single-family dwelling, in the Urban Residentia13.5 (LTR 3 5) zone. 2. The site is locate,d north of and adjacent to 9h Avenue, west of Raymond Street, in the SE'/a of Section 20, Township 25 North, Range 44 EWM, Spokane County, Washington. 3. The site is cunen my descnbed as County Assessor's tax parcel no. 45204.0447. The site address is 10309 East 9 Avenue, Spokane, WA. 4. The applicant for the proposal is Steve Cote,12402 North Division, #110, Spokane, WA 99218 The owner of the site is Paul Cote,10309 East 9" Avenue, Spokane, WA 99206. 5. The Hearing Examiner heard the apphcation pursuant to the County Heanng Examiner Ordinance (County Resolutzon No. 96-0171) and the County Hearing Examiner Rules of Procedure (County Resolution No. 96-0294). 6. A public hearmg was held on the proposal on August 22, 2001. 7. The Hearing Examiner conducted a site vrsrt on August 21, 2001. 8. The Hearing Examiner takes notice of the County Generalized Comprehensive Plan, County Arterial Road Plan maps, County Crihcal Area maps, the County Zoning Code, County Code, other applicable development regulahons, and final land use decisions in the vicvuty. 9. The record mcludes the documents in File No. CLJE-11-01 at the time of the pubhc hearmg; the documents and testimony subnutted at the pubhc hearing and the items taken notice of by the Hearuig Examiner. HE Findings, Conclusions and Decision CUE-11-01 Page 1 ~ ~ 10. The following persons testified at the public heaning: Yim Falk Steve Cote Division of Planning 12402 North Division, #110 1026 West Broadway Spokane, WA 99218 Spokane, WA 99260 11. The County Division of Planning issued a Determination of Nonsignificance for the proposal on August 3, 2001. 12. The site is approxiinately 22,950 square feet in size, square in shape and flat in topography. A 2-story, single-family residence is located in the southwest portion of the srte. The residence was constructed in 1916, and a dinulg room was added in 1971. The east half of the site is undeveloped. An unpaved driveway extends from Ninth Avenue along the east side of the house. Portions of the site are fenced, including a wire fence that separates the northwest and northeast quarters of the mte, wood fencing along the extenor borderrs of the northeast portion of the site, and wood fencing along the south half of the west border. The residence is cuirently being used as a duplex. 13. The mazn floor and basement of the residence are currently bemg used as the principal unit of the residence, wlule the upstairs is used as the accessory unit. The upstairs accessory unit has a total area of approximately 660 square feet, and includes a kitchen, living room, bedroom and bath. The principal unit has a combined area of approximately 2,350 square feet, only 1,546 square feet of which is finished. The accessory unit is accessed via stairs in the southeast portion of the residence. Entry into the house is from a door located on the east side of the house, wluch faces to the south. A door is also found at the northwest comer of the residence. 14. The srte plan of record submitted on March 29, 2001 illustrates the exzsting irnprovements on the site. Floor plans of the basement, main floor and upper floor were submitted on August 16, 2001 15. The site is zoned Urban Residential-3.5 (LJR 3.5). Prior to January 1,1991, the site was zoned Agncultiual under the now expired County Zorung Ordinance. The minimum lot area in the UR 3.5 zone is 10,000 square feet per dwelling uiut. A duplex is a perncutteci use in the UR-3.5 zone. 16. The apphcant plans to sell the east half of the site, wluch would not leave sutficient area for the existing duplex to meet the minimum lot area requirement of the UR 3.5 zone. The application for a conditional use accessory unit would allow the upstairs living unit in the residence to continue to be used as a separate livi.ng urut once the property is divided. This necessitates approval of a conditional use pernut for an accessory unit, under the special standards of chapter 14.816 of the County Zoning Code and the general conditional use permit cntena of the Zoning Code 17. The site is designated in the Urban category of the Comprehensive Plan. The site and sutroundzng land are located inside the Aquifer Sensitive Area, Priority Sewer Service Area and Urban Impact Area desigaated by the Plan. HE Findings, Conclusions and Decision CUE-11-01 Page 2 / 18. The site and surrounding land are located outside the interim urban growth area (IUGA) boundaries designated by the County pursuant to the State Glowth Management. 19. The Staff Report adequately describes the land uses and zoning surrounding the site, the consistency of the proposal with the Comprehensive Plan, and the consistency of the proposal with the requirements of the Zoning Code for the conditional use. The Exaniner hereby adopts such analysis by reference as finduigs of fact herein. 20. The entrance to the accessory wut is not located at the rear of the house on the site as stated in the StaffReport, but is located on the south side of the house. Such entrauce should be placed on the east, west or north side of the house so that the house will maintai.n the appearance of a one-family residence. This has been added as a condition of approval. Based on the above findings of fact, the Hearing Examiner enters the following: U. CONCLUSIONS OF LAW 1. The praposal, as condrtioned, generally conforms to the Comprehensive Plan. 2. The proposal, as conditioned, is consistent with the purpose and mtent of the Urban Residenital-3.5 (UR 3.5) zone. 3. The proposal, as conditioned, is reasonably compahble with other uses permitted in the UR-3.5 zone, or in the location of the proposed use. 4 The proposal, as conditioned, reasonably mitigates any adverse impacts on adjacent properties by reason of use, extension, construction or alteration allowal with respect to the condifiional use. 5. The proposal, as conditioned, will not have more than a moderate effect on the quality of the environment. The procedural requirements of the County's Local Environmental Ordinance and the Sta.te Environmental Pohcy Act have begn met 6. The proposal, as conditioned, satisf es the requirements of cbapter 14.816 of the County Zoning Code for the conditional accessory use, the development standards of the UR 3.5 zone, and other applicable development regulations. 7. The proposal, as conditioned, satisfies the requirements for issuance of a condltional use permit under chapter 14.404 of the County Zoning Code. 8. Approval of the land use apphcahon, as conditioned, is appropnate under section 11 of the County Hearing Exami.ner Ordinance, adopted by County Resolution No. 96-0171. HE Finchngs, Conclusions and Decision CLTE-11-01 Page 3 ~ ~ M. DECISION Based on the above Findings of Fact and Conclusions of Law, the apphcation for a conditional use permit for an accessory unit to a single-family dwelling, in the Urban Residential-3.5 (UR 3.5) zone, is hereby approved, subject to the conditions of appmval specified below. Any public agency conditions that have been sigruficantly altered or added to below are italicized. Failure to comply with the conditions of this approval may result in revocation of tbis approval by the Hearing Examiner. This approval does not waive the applicant's obligation to comply with all other requirements of other agencies with jurisdiction over land development SPOKANE COUNTY DIVISION OF PLA►NNING 1. All condrtions imposed by the Hearing Examinez shall be binding on the "Applicant", which term sha11 include the owners, developers and users of the property, and their heirs, assigns and successors. 2. The Conditional Use Permit applies only to the parcel described in the County Divlsion of Planiung File No. CUE-11-01, currently designated as County Assessor's tax parcel no. 45204 0447. 3. Prior to the release of any building permits, the applicant shall submit a final site development plan and other documentation to demonstrate compliance with Sechon 14.816.020 and 14.816.040 (b) and (c) of the County Zoni.ng Code. 4. The proposal shall comply wrth the Urban Residenrial-3.5 (LTR-3.5) Zone, in particular, chapter 14.816 of the Couaaty Zoning Code, and other applicable provisions of the Spokane County Zoning Code, as amended. 5. The applicant shall develop the property substantially in conformance with the site plan of record submitted on March 29, 2001, and with the floor plans submitted on August 16, 2001; and in confonnance Rnth the final srte development plan approved by the Division of Planning. All aspects of the concept and proposal shall be binding on the development, including proposed use. The Division of Planning Director/designee may approve minor vanations to the site plan of record pursuant to Section 14.504.040 of the Cownty Zonuig Code, provided regulation standards and conditions of approval are met. Any othez modification requires submrttal of a change of condztion application and its review and approval by the Hearing Examiner at a public hearing. 6. The conditionacl use permtt shr,rll be effecnve for a period of two (2) years from the date of this decision. The permit will automatically be renewed at the end of every two (2) year penod following the date of this dectsion, upon recetpt of cert fication by the Division of Planrang Director/desjgnee that the property remair:.r the principal residence of the owner and that all HE Findings, Conclusions and Decision CUE-11-01 Page 4 . . ~ ~ other condinons met at the time of the original appltcahon have remained unchanged. The Diviston of Planrang Director/designee may require a new application and a demorrstration of compliance with all condinons necessary for a conditional use permit at the renewal time. 7. Upon receipt of a copy of this dectston, the owner(s) of the subject property shall file with the County Auditor a Declaration of Covenant for the suhject property, for recording rn the place and manner provided for the public recording of state tax liens on real property. The Declaration shall state that the right to use the accessory unit on the property ceases srxty (60) darys after the tran.sfer of trtle. A copy of the Declaranon shall he provided to the Divrsaon of Planni»g prior to the issuunce of a building permit. Removal of the Declarahon from the County Auditor's record shall only be by the Ilivisron of Planning. 8. Access to the accessory unit ts strictly limited to an entryway for such unit facing east, west or north. 9. The accessory unit shall comply with the Uniform Build.ing Code prior to occupancy. 10. The Division of Planning shall prepare and record with the Spokane County Auditor a Title Notice, noting that the pmperiy in question is subject to a variety of special conditions imposed as a result of approval of a land use achon. This Title Notice shall serve as public notice of the conditions of approval affecting the property in question. The Title Notice should be recorded within the same time frame as allowed for an appeal and shall only be released, in fiill or in part, by the Divlsion of Planning. The Title Notice shall generally provide as follows: "The parcel of pmperty legally described as [legal description] is the subj ect of a land use decision by the Spokane County Hearing Examiner on October 4, 2001, which decision approved a conditional use permit for a conditional accessory unit and imposed a variety of special development conditions. File No. CUE-11-01 is available for inspection and copying in the Spokane County Division of Planning." SPOKANE COUNTY DIVISION OF BUILDING AND CODE ENFORCEMENT 1. The applicant shall contact the Ihvision of Buildi.ng and Code Enforcement at the earhest possible stage in order to be infoimed of code reqwrements adtninistered/enforced as authorized by the State Building Code Act. Design/development concerns include addressing, fire apparatus access roads, fire hydrant flow, approved water systems, building accessibility, construction type, occupancy classification, existing exterior wall protection and energy code requirements. HE Fmdmgs, Conclusions and Decision CUE-11-01 Page 5 ~ ~ SPOKANE COUNTY DIVISION OF ENGINEERING Prior to release of a bnilding permit or nse of property as proposed: 1. The apphcant is advised tha.t an approach permit must be obtained from the Spokane County Division of Engineering prior to the construction of any new driveway approaches. The approach permit must be obtained prior to the release of a building permit. 2. The appucant is advised that there may exist utilities erther underground or overhead affecting the applicant's property, including property to be dedicated or set aside future acquisition. Spokane County will assume no financial obligation for adjustments or relocation regarding these utzlities. The applicant shonld contact the apphcable utilities regarding responsibility for adjustment or relocation costs and to make arrangements for any necessary work. SPOKANE REGIONAL HEALTH DISTRICT 1 The 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. Water service shall be by an existing public water supply when approved by the Regional Engineer (Spokane), State Department of Health. 4. A public sewer system shall be made available for the project and individual service provided to the parcel. The use of individual on site sewage disposal systems is prohibited and wnll not be authorized. 5. The use of pnvate wells and water systems is prohibited. HE Findings, Conclusions and Decision CUE-11-01 Page 6 ~ DATED this 4' day of October, 2001 SPOK;ANE COUfNTY HEARING E R / c Michae C. Dempsey, WSBA #8235 NOTICE OF FINAL DECISION AND NOTICE OF RIGHT TO APPEAL Pursuant to Spokane County Resolution No. 96-0171, the decision of the Hearing Examiner on an application for a conditional use permit is final and conclusive unless within twenty-ane (21) calendar days from tlie issuance of the Examiner's decision, a party with standing files a land use petition in superior court pursuant to chapter 36.70C RCW. Pursuant to chapter 36.70C RCW, the date of issuance of the Hearing Examiner's decision is three (3) days after it is mailed. This Decision was mailed by Certified Ma,il to the Applicant, and by first class mail to other parties of record, on October 4, 2001. The date of issuance of the Hearing Examiner's decision is therefore October 8, 2001, counting to the next business da.y when the last da.y for mailing faUs on a weekend or holiday. THE LAST DAY FOR APPEAL OF THIS DECISION TO SUPERIOR COURT BY LAND USE PETITION IS OCTOBER 29, 2001. The complete record in tlus matter, including this decision, is on file during the appeal period with the Office of the Hearing Examiner, Third Floor, Public Works Biulding,1026 West Broadway Avenue, Spokane, Waslungton, 99260-0245, (509) 477-7490. The file may be inspected Monday - Friday of each week, except holidays, between the hours of 8:30 am and 5:00 p.m. Copies of the documents in the record vvill be made available at the cost set by Spokane County. Pursuant to RCW 36.70B.130, affected property owners may request a change in valuation for property tax purposes notwithstanduig any program of revaluation. P HE Findings, Conclusions and Decision CUE-11-01 Page 7 EN GINEER' SRfIVr&W SHEL i' Project Swcus Active As Buiit Plans Received Conditional Use File CITF -1l~! 1 1-LI 1 Road Plans Approved Companion F ~ New Road Standards 5-1 5-9s Myla,- r.: Related f Hearing: 08/22/2001 9:00 I3uildmg Uep!. 'fechnical Review: ~ ~ Harvard Rd Plan I- En ~ SPeciat rces Preliminary Rcvie~v: 04/25/2001 Type: Scheduled Por Large Lot [31dg. Square Feet Date Received: 44/13/2001 No. L.ots: No. Acres: Project I`iame DtTPLEX ACCESSORY DWELLING UNI'T Sitc Address S. 03TH, N. 09TH, C. FEL"I'S, W. RAl'MOND, 09"I'I-1 E. 10309 Applicant Rangc-To%tii VI Steve Cote Conditions Mailed: ~'1~; ; - = • Flood Zone N. 11 aler SOUrL , . PO BO!C 1 58 Sewer Sour. . FOUR LAKE, WA 94014- Phone (509) 951-9824 (509) 744-9993 School Dist Fire Dis; ' I'hone l? : nwncr Paul (i 10309 F. S1'( )K_'1Nl:. W:'1 99210" Duilding 477-3675 IPlaining 477-7200 iEnginccr 477-3600 Contact t3/[' 11M FALK Contact Ene SCOTT ENGGLHAitI) Date Submitted Description Initials Eng Need Technically Complete Eng Nced Narvard Rd Mitigation Eng Need Drainage Plans Eng Need Traffic Analysis Eng Need Other Eng Agree Pay Fees Received Eng Final Plat Fees Completed Copy ta Accounting Eng Agree Priority Fees Received 03/30/2001 Eng Prelim Plat rees Completed Notice to Public / Notice to Public # ] ~ =1 G ('0111pleteLi - or Necds ta be signed Design Deviation Datcs (In-Out) ona yuanues tor drainage item calculated Hearing Dace Decision App Den Cond Appld BCC Appc:aled to BCC Decision App Den Cond Appld Court Appealed to Cuurt Decision App Den Cond Appld / i Stamped Mylars ta Secretary (Saildy) / j Stampcd 208 Lot Plans to Secretary (Sandyl I EIV (lINEER%S 12EVIEW SHEET Projcct Status Active As Built Plans Received Conditional Use File C UE_0011-01 "01 Road f'lans Approved Companion f-iles: New Road Standards 5-15-95 Mylar 0: Relatcd Files: Neuring: Building Dept: 'rechnical Review: Han•ard Rd Plan Preliminary Review: 04/25/2001 Type: Scheduled For ` I~ Large Lot Bidg. Square Feet Date Received: 04/13/2001 No. Lots: No. Acrzs: Project Name DUPLEX ACCESSORY DNVELLING UNIT Site Address S. 08TH, N. 09TH, E. FELTS, W. RAYMOND, 09TI-l E. I0309 Applicant I ' Range-Township-Scction: 44 - 25 - 20 PARCEL(S): (tirst 20) Stevc Cote Conditiuns Mailed: 45204.0447 -i-=-`- Plaod Zone No Water Source Public PU I30X 158 FOUR LAKE, WA 99014- Sewer Source Phone (509)951-982=1 (509) 744-9993 Schuol Dist Fire Dist 1 Phone Dist Owner Paul G Cote I l1 "119 I:. Oth tiN0KANE. \4'A 99206- [3uilding 477-367-*; I I'lanning 477-7200. L•ngineer 477-3600 Cuntact 1IM FALK Gontact Eng SLU'r'I' CNGELHARD Date Submitted Description Initials Eng Need TechnicaUy Complete Eng Need }-iarvard Rd Mitigation Eng Need Drainage Plans Eng Need Tratrc Analysis Eng Need Other Eng Agree Pay Fees Received Eng Final Plat Fees Complzted Copy to Accounting Eng Agree Priority Fees Received 03130/2001 Eng Prelim Plat Fees Complcted Notice to Public / Notice ta Public # 1 3 4 6 Completed - or Needs to be signed , Design Deviation Dates (ln-Out) M-EZ quant~es Mor elrainage item calculateiJ Fteanng Date Decision App Den Cond Appld BCC Appealed to BCC Decision App Den Cond Appld Court Appealed ta Court Decision App Dcn Cond Appld i ' Stamped Mylars to Secretary (Sandy) Stampcd 208 Lot Plans to Sccretarv (SandNI) i • L...! / ~ . ~ STAFF REPORT TO THE HEARING EXAMINER FILE#: CUE-11-01 A ~z~ III ~ ~ ~ DIVISION OF PLANNING SPOKATskE COUKFY HEARING DATE: August 22, 2001 @ 9:00 a.m. FILE CUE-11-01 PROJECT PLANNER: Jim Falk, Associate Planner PROJECT DESCRIPTION: Application for a Conditional Use Permit to allow an accessory unit in a single family unit pursuant to Section 14.816 of the Spokane County Zoning Code. Project Data Project Address and Location: The project site is located north of and adjacent to 9th Avenue 450, feet west of the intersection of Raymond Street and 9th Avenue, in SE 1/4 of Section 20, Township 25, Range 44, EWM. Parcel Number: 45204.0477 Owner: Paul G. Cote, 10309 E. 9`" St., Spokane, WA. 99206 Applicant: Steve Cote, PO Box 158, Four Lakes, WA. 99014 Comprehensive Plan Urban (U) Oesignation: Zoning: Urban Residential-3.5 (UR-3.5) Existing Land Use: Single family residential Surrounding Zoning and Land Uses: • North: Zoning to the north of the site is Urban Residential-3.5 (UR-3.5) established in 1991, previously classified as Agricultural Suburban (AS)(ZE-65-376). Land Use consists of single family residential. • South: Zoning to the south of the site is Urban Residential-3.5 (UR-3.5) established in 1991, previously classified as Agricultural Suburban (AS)(ZE-65-376). Land use consists of a public high school and a retirement complex. • East: Zoning to the east of the site is Urban Residential-3.5 (UR-3.5) established in 1991, previously classified as Agricultural Suburban (AS)(ZE-65-376). Land use consist of single family homes. • West: Zoning to the west of the site is Urban Residential-3.5 (UR-3.5) established in 1991, previously classified as Agricultural Suburban (AS)(ZE-65-376). Land use consist of duplex dwelling units. CUE-11-01 Staff Report - August 22, 2001 Hearing - 1 of 7 . - , Known Land Use Proposals and 1 Land use actions recently approved in the Recent Project Approvals in the vicinity of the proposal include the following: Area of this Project: ZE-10613-72, a Change of Conditions to allow construction of a road to Spokane County driveway road standards instead of to public road standards. The road serves an apartment complex about 1500 feet northwest of the subject property on Woodruff Road. PE-1 859-98/ZE-1 7-98, a preliminary plat and zone reclassification from Urban Residential-3.5 (UR-3.5) to Urban Resdential-12 (UR-12) for development of approximately 10.4 acres into 39 lots for the purpose of developing six open- space tracts, one single family residence, 26 duplexes (52 total units), 39 multi-family units located south of 160' Avenue, approximately 500 feet east of Dishman-Mica Rd. ZE-48-97, a Zone Reclassification from Urban Residential-3.5 (UR-3.5) to Urban Residential- 22 (UR-22) on approximately 1.32 acres of land located east of and adjacent to University Road, north of and adjacent to 7hAvenue, and south of and adjacent to 8' Avenue. PE-1847-97/ZE-53-97, a preliminary plat and zone reclassification from Urban Residential-3.5 (UR-3.5) to Urban Residential-22 (UR-22) for development of approximately 13.5 acres into 69 single family residences, 103 multi-family units, possible day care center located at the southeast corner of Dishman-Mica Road and 16'hAvenue. Land Division Status: The subject property consists of the east 48.5 feet of Lot 15 and all of Lot 16 of Block 4 of University Place Plat and including the west'/z of a vacated plat street (30) feet. There is no record of a Certificate of Exemption being issued authorizing the aggregation of the subject property. Water liurveyor: The project site is served by the Vera Irrigation District # 15 public water system. 5ewage Uisposal: The residence is served by the Spokane County Sewer System. Hre Uistrict Spokane County Fire Protection District # 1 provides fire protection to the site. Nearest Arterial and Distance: 8°' Avenue is 150 feet north of the subject property and is designated as a Local Access Street by the Arterial Road Plan. Nejghborhood Association: None identified . CUE-11-01 Staff Report -August 22, 2001 Hearing - 2of7 • L + • This proposal is located inside of the Interim Urban Growth Area (IUGA). • The project site is located outside the 1000 notification boundary of a Designated Natural Resource Lands. • The project site is located within the PTBA. GMAICritical Areas Aquifer Recharge Area: The subject property is located within the Priority Sewer Service Area (PSSA) and the Aquifer Sensitive Area (ASA) Overlay zone. Fish & Wildlife Habitat Conservation None illustrated on the Spokane County Areas: Critical Areas Maps. Floodplain: ~ Not applicable Geologically Hazardous Areas: None illustrated on the Spokane County Critical Areas Maps. Wetlands: None illustrated on the Spokane County Critical Areas Maps. SEPA A Determination of Nonsignificance (DNS) was issued on August 3, 2001 with a comment period ending on August 20, 2001. Noticinq Published: The proposal was published in the Legal Notice section of the Spokesman Review on August 3, 2001. Mailing Deadline: The deadline for notifying property owners/taxpayers of land within 400 feet of the proposal was August 6, 2001. 1724 Compliance Dates Application Accepted as Counter Complete: March 29, 2001 Determination of Completeness issued: June 5, 2001 Date Notice of Decision is Due: October 4, 2001 Reviewinq Aqencies Eight (8) agencies were notified on April 13, 2001 and July 25, 2001. Agency comments were due on April 25, 2001 and August 8, 2001. ~ Agencies Notified Response Date ' Agencies Notified Response Date " Received Received Received Received Spokane County Yes 4-24-01 Spokane County Fire Yes 4-23-01 Division of Engineering, 8-8-01 I Protection District # 1 Transportation Spokane County Yes 4-16-01 Spokane Regional Yes 4-24-01 Division of Engineering, Health District 8-7-01 Development Services Spokane County No Spokane County Yes 4-20-01 Division of Utilities Division of Building & Code Enforcement Spokane County No Vera Water District # No Division of Utilities, 15 Stormwater Utility , CUE-11-01 ~ Staff Report - August 22, 2001 Hearing - 3of7 . _ Responses from the Public: No comments from the public have been received to date. Description of the Site: The project site is developed with a 2-story single family dwelling, to include a parking area and a small unpaved driveway. The subject property is 22,950 square feet and is served by the Spokane County Sewer system. The site is flat and the eastern '/Z of the subject parcel is undeveloped. Access to the project site is gained from 9I' Avenue. There is no record of a Certificate of Exemption being issued regarding the subject parcel. The applicant states that the existing dwelling was constructed in 1916. The lot line common to Lots 15 and 16 of University Place Plat runs through the dwelling. It is concluded that the subject lots were likely aggregated on or before 1916. The building permit file in the Division of Building and Code Enforcement for the subject property does not reveal when the home was constructed on the subject parcel. The building permit file reveals that an 18' by 22' dining room addition was authorized in 1971. Description of the Surrounding Neiqhborhood: The neighborhood to the north, east and west of the subject property is a mix of single family and duplex dwellings. A retirement complex is situated southwest of the subject site and the University High School campus lies directly south of the subject property. 6ackqround: The application for the proposal was submitted to the Division of Planning on March 29, 2001. A"Technically Complete" determination and a Notice of Application were issued on June 5, 2001 with a 14-day comment period ending on June 19, 2001. The subject parcel includes enough area for a duplex unit to be constructed as allowed by the existing UR-3.5 Zone. The applicant does not wish to develop a duplex as he intends to divide and sell the eastern 10,000 square feet of the subject property. The construction of a duplex unit would prohibit the division and sale of said eastern portion of the subject property. Description of the Proposal: The applicant states that an accessory unit has already been developed within the existing dwelling. The second floor of the existing structure includes the accessory unit. The applicant is requesting a Conditional Use Permit for the accessory unit largely to enable the homeowner to legally rent the accessory unit. The total area of the principal unit is 2,350 square feet. The accessory unit is not more than 660 square feet in area. The accessory unit is a completely separate unit, having separate electrical and heating systems. The applicant states that the accessory unit is consistent with the Uniform Building Code including proper ingress and egress and appropriate smoke detectors. The principal unit requires no further improvements or additions to accommodate the accessory unit. The principal unit appears like a single family home and has one door in the front, and second entrance is near the back of the principal unit. The site plan of record shows fencing, driveways and off-street parking areas. Staff AnalVsis: Comprehensive Plan: The site is located within the Urban category of the Comprehensive Plan. The Urban category is intended to provide the opportunity for the development of a"citylike" environment which includes various land uses, intensive residential development, and public facilities and services. The Urban category states that the more intensive uses such as light industrial and neighborhood commercial should be located near the heavily traveled streets, with the less intensive uses such as residential isolated from the noise and traffic. It is primarily a residential category intended to encourage development of single-family, two-family, multifamily and condominium buildings, along with neighborhood commercial, light industrial, public and recreational facilities. It is characterized by a high level of public services and facilities, and modern utility systems. There are few Urban category Goals, Objectives and Decision Guidelines that specifically pertain to accessory units. Urban category Objectives and Decision Guidelines that apply to the proposal CUE-11-01 StafF Report - August 22, 2001 Hearing . 4of7 , t . • are as follows. Goal 1.1 encourages a variety of housing types and densities and Objective 1.1 a promotes fill-in within established development areas and existing outlying communities where utilities, arterials, schools and community facilities have already been established. Decision Guidelines 1.1.1 and 1.3.3. encourage urban development in areas having adequate power supplies, water, sanitary and storm sewers, and school and fire services, provided that other relevant policies of the Comprehensive Plan are met. Decision Guideline 1.1.2. specifies that base net density for single-family dwelling areas may be increased through various methods when meeting the "fill-in" criteria. See Comprehensive Plan, glossary definition of "fill-in development". Decision Guideline 1.1.4. encourages a variety of densities and residential uses, including combinations and a mix thereof. The proposal has a full spectrum of urban services available to it to include power, telephone, public road access, public sewer and water, fire and police protection, solid waste disposal and mass transit services. The proposal constitutes a"filf-in development" within the meaning of the Urban category. The proposal will add to the mix of residential uses in the immediate vicinity encouraged by the Urban category. Decision Guideline 1.5.8 specifies that the structure height and impact of new structures on the architectural character of the neighborhood should be considered when changes are proposed to an existing neighborhood. The proposal's appearance and design remains that of a single family dwelling. The subject parcel is located within the Interim Urban Growth Area (IUGA) established in response to RCW 36.70A, the Growth Management Act. The proposal is consistent with the Sgokane County IUGA Resolution 97-0321. The Spokane County Arterial Road Plan designates 9 Avenue as a Local Access Road. The Arterial Road Plan recommends Local Access Roads have 60 feet of right-of-way. The actual right-of-way width of 9th Avenue is 60 feet. Zoning Analysis: The purpose of the UR-3.5 Zone is to implement the lower residential density range of the Urban category of the Comprehensive Plan. Such zone is intended to promote areas of primarily single-family residential use in an urbanized neighborhood setting, having a high level of public services. The residence on the site is within an existing developed area, served by a high level of urban services, including public sewer and water. The proposal constitutes "fill-in development" within the meaning of the Urban category. The proposed use of the site is allowed as a Conditional Use in the UR-3.5 zone as specified by Spokane County Zoning Code, Section 14.816.020. Section 14.816.00 of the Zoning Code states that the purpose of accessory units is to develop housing units in single-family neighborhoods appropriate for people at a variety of stages in their life cycle, and to provide rental housing for handicapped persons. Section 14.816 includes various standards and criteria to assure that the accessory unit will be compatible with the neighborhood in which it is situated. Said Section requires the accessory unit comply with all 16 criteria set forth therein. The following is the list of criteria and the applicant's and Planning Division staff responses to each criteria identified in italic wording: 1. The property owner (which shall include title holders and contract purchasers) must occupy either the principal unit or the accessory unit as his or her permanent residence, but not both Response: The homeowner states he will occupy the principal unit in the existing residence which is on the first floor of the dwelling. 2. The accessory unit shall be a complete, separate housekeeping unit that can be isolated from the principal unit and meet the minimum requirements of the Uniform Building Code as adopted by Spokane County. Response: The accessory unit is located on the second f/oor above the primary unit and is a complete and separate housekeeping unit that will be sufficiently isolated from the principal unit. 3. Only one accessory unit shall be created within the principal unit. Response: Only one accessory unit is proposed. CUE-11-01 Staff Report - August 22, 2001 Hearing _ 5of7 . ' J . 4. The accessory unit shall be designed so that, to the degree reasonably feasible, the appearance of the building remains that of a one-family residence. In general, a second entrance shall be located on the side or in the rear of the building or in such a manner as to be very unobstrusive in appearance from the same view of the structure which encompasses the primary front or formal entrance. Response: The structure wi!l maintain its single family residential appearance. The proposed access to the accessory unit is located near the rear of the existing structure. The recommended conditions of approval require the proposal to be consistent with this requirement. 5. Any additions to an existing structure for the purpose of an accessory unit shall not increase the square footage of the principal unit by more than ten percent (10%). Response: The addition of the accessory unit will not increase the square footage of the existing structure. 6. The total livable floor area of the principal and accessory units combined must be a least twelve hundred (1,200) square feet. Response: The total livable floor area of the principal and accessory units combined is 2,350 square feet. 7. No home profession, family day care home or mini day care facility shall be undertaken in either the principal or accessory units. Response: None of these activities wiN be undertaken in the principal or accessory units. 8. The design and size of the accessory unit shall conform to all applicable standards in the health, building, and other codes. Response: The applicant states that the accessory unit is already constructed. The Division of Building and Code Enforcement building permit file for the subject property does not include a building permit which identifies the accessory unit. The recommended conditions of approval require the proposal to be consistent with building and hea/th regu/ations. 9. At least three off-street parking spaces shall be made available for use by the owner- occupant(s) and/or tenant(s). Response: There is sufficient area on the subject property to accommodate 3 automobiles. 10. The proposal must be located in one of the foltowing zones: GA, RR-10, SRR-5, SRR-2, SR-1, SR-1/2, UR-3.5 or RS. Response: The subject property is located in the existing UR- 3. 5 Zone. 11. The accessory unit shall be clearly a subordinate part of the principal unit. In no case shall it be more than thirty percent (30%) of the building's total floor area, nor more than seven hundred (700) square feet, nor less than three hundred (300) square feet of floor space, nor have more than two (2) bedrooms, unless, in the opinion of the Hearing Body, a greater or lesser amount of floor area is warranted by the circumstances of the particular building. Response: The accessory unit will be approximately 610 square feet or about 26% of the building's total floor area. 12. The effective period of the conditional use permit shall be two (2) years. At the end of every two (2) years, renewal shall be automatically extended upon receipt of certification by the Planning Director that the property remains the principal residence of the owner and that all other conditions met at the time of the original application remain unchanged. The Planning Director may require a new application and a demonstration of compliance with all conditions necessary for a conditional use permit at the renewal time. Response: The applicant will comply with this requirement. The recommended conditions of approval require the proposal to be consistent with this requirement. CUE-11-01 Staff Report -August 22, 2001 Hearing . 6 of 7 e 13. Upon receiving a conditional use permit, the owner(s) must file on the subject property a Declaration of Covenant by submitting to the Spokane County Auditor for recording in the place and manner provided for the public recording of state tax liens on real property. The declaration shall state that the right to use an accessory unit ceases sixty (60) days after the transfer of title. A copy of the Declaration shall be provided to the Department prior to building permit issuance. Removal of the Declaration from the Auditor's records shall only be by the Department. Response: The recommended conditions of approval include this requirement. 14. In order to encourage the development of housing units for disabled and handicapped individuals and persons with limited mobility, the Hearing Body may allow reasonabfe deviation from the stated conditions where necessary to install features that facilitate access and mobility of disabled persons. Such facilities shall be in conformance with Washington State Regulations for 6arrier Free Facilities. Response: The homeowner is not proposing to accommodate handicapped persons. 15. The accessory unit/space shall not be permanently occupied by more than one (1) family. Response: The application file is silent regarding compliance to this requirement. The recommended conditions of approval include this requirement. 16. Certification by the Spokane County Health District that the water supply and sewage disposal facilities are adequate for the projected likely number of residents must be provided to the Hearing Body. Response: Refer to the Spokane Regional Health District's comments regarding this proposa/ in the application file in the Division of Planning. 17. Any other appropriate or more stringent conditions deemed necessary by the Hearing Body to protect public health, safety, and welfare, and the single family character of the neighborhood. Response: Refer to recommended conditions of approval. Staff Summary: As proposed and conditioned the subject Conditional Use Permit application for an accessory unit is consistent with the intent and purpose of the Urban Residential-3.5 Zone and is in compliance with the development criteria specified in Section 14.816.020(1 through17) of the Spokane County Zoning Code. The proposal is consistent with the Goals, Objectives and Decision Guidelines of the Comprehensive Plan. Attachments: A. Maps • Vicinity Map • Comprehensive Plan Map • Zoning Map • Site Plan B. Conditions of Approval , C. Agency Comments CUE-11-01 Staff Report - August 22, 2001 Hearing . 7 of 7 ATTACHMENT A MAPS VICINITY MAP COMPREHENSIVE PLAN MAP EXISTING ZONING MAP SITE DEVELOPMENT PLAN - CUE."'11"'Oi 1J'icinity Map ~ ~ ~ fl9 fusgM-. _ l~ Vicu~ ~ ,~nto SI11C1 3 ~ ~~rin ~ [k ~ 18[n' $ ~ '8 Ca Ico S 91L` ~ g dSwa C~ en nY . North Pines J tiutrrrgh ~ y ~ .d 2 u iVix ~ b4" C ' ho 0 p~~~,~~ ~ ~W . ~ r . • S1L~C ' c~ L~"~_ , 1 r' cor~rcr Be d Educario~ s E ~ Z4Li App1CWeY Appiew$y 5th dr ~ Ey e I , ~ ~ iW&ew , ~ ~ 1 "«d ~ 10 l]lr 11 [ C ~ = Bo~rdish ~ Hx9h p nes e t~ 28th - 2?m ! i! r iR~4R i ~ I o~ ~ 31 C ~ ~ - r~~ 04104t01 vciricy sa~ :yi~-2c~83 frtM~ i CUE-11-01 Comprehensive Land Use Plan . 1 i ^ - ~ I rT7 _ I ~ ~ ~ _ - i - - _ A kw y Ll yrc,--- - T- IL _ - Ll N I - HIM I _ -rum " I I I ~ Fff D~ _ [IIID ~ • - I -D _ I i ~ I 111 o ~ I ~ S R + ~ I ~ I ~ Scale :1 inch - 833 h(ro&ded) 04104101 Comprehensive land Use Plan Subject Property within IUGA. A-" -~A+ Subject Property within UTA. Subject Property within PSSA. Subject Property within ASA. CUE-11-01 Existing Zoning ~es im" ~ 24 98 C IR-22148 73 C ~4,1 Appewa} ' 90 71C ~ - • ' ~ ~ ~ UR-22 52 86C UR- 14fg - - 14 TC .22 JJ~~ i / I 81-68 ~2C 8 ~_l - R-22 22 62 I - -1 ~ MC- R-221 79C ~ ° R-22117 96~ I 0.5 1?1 5 ~ = I I ~ 1 IR-3.5 203 42 ~ _ R-- .5 7 a" ~ I , L U351 1 ~ . I 2 . 5~ UR-2218 74C u - 191 9 ~ ~ R-3' 5 a1 0 ~ W3.4 38 R- .5 203 ~12 o I , w ~ ~ ~ - 517 ~5 3.5 7 17 61 R-3 b U 3. 6 U 51 5 [k- .5 7 65~ _ _ TU4;MG - - - ~ n.►. ~ V 7 C ~ ♦ ~i~-3.5 " 0 E :T65 R-S. 17 6 ~ ~R' • 41 1 i 1g~ 5p - ~ ♦ I - uR-7 a s6c ~ ~ JR-8.~t7-69 ~T-.51~ - ua- . I R•a. ~ UR-8.517 65 17 65 UR-3. I1R-3.1 17 69 . 17 61I I ,•8.51 7p 20 - 1 + 6 . 17 6 I .5170 -5~IR~i.~17~6~ 1-3~ 1 6 UR-22 45 69 3. 1 6 I Nc~fioy ~1R-&.5181 51~ - . 1 6 R' I U - 1 1sC U-. 1 65 Ra. 1 6 ~1R-a. 6 R. 7 6 -8. 1 6 •3. 1 6 R•3. 1 B I ~ ~ • 1 S- I F R . U-~.6 17 6 R- .6 6 R-3. A6-- w,LLL2A17 6 R- .6 7 • ~ 6 U 3. 1 1 ~ ~ Scale : 1 indi - 500 ft(rouided) 04/04/01 Exisdng Zoning . . s. ~ 1 ooct sITE PLAN OF RECORD -7 3r . ~ ~ 0,0 (ft ~ t-~, ~a $ . ' ~ '~b3i.•~`xi'~h~llli't.~.~jt~.ri.,:ii,•~m:a~i~CK.1. n. •;i ofl~'~"i`"t~l'~.~-,.u..'-~+~ f~a-{"~ :r.7~t;,;,~,~c'•~:1.• ~ ~h x~ ~ ~ / ,n', i:•..~ . t . ' . hr,. /n~ , ,fi'~%, ~ .r. ir ''W'ai ~ ' ~ ~ . ~I 10309 6. g , ► ~ 4 1 rx i s~-; n Pa-Y-6 e- ~ ~ • V p ~ I `Z , IDrIVA,' D , l a. w+-~ ~ wa.y , i S o~~ ~ 1~O F~~1k' '~J►''~o+~ . - ~ ~ 15~' Scale: ~ ~►,~1_, = 3 , . . p w r, o 1U~'~~~f ~G~x5 E PlAN OF RECORD , i ' V ATTACHMENT B CONDITIONS OF APPROVAL " ` • . ~ RECOMMENDED CONDITIONS OF 1 1 APPROVAL FOR CUE-11-01 . A DIVISION OF PLANNING SPOKAT~ COUWY 1. All conditions imposed by the Hearing Examiner shall be binding on the "Applicant," which term shall include the owner or owners of the property, heirs, assigns and successors. 2. The Conditional Use Permit applies only to the parcel described in the Planning Division project application file designated CUE-11-01, Assessor's tax parcel # 45204.0447. 3. The Division of Planning shall prepare and record with the Spokane County Auditor a Title Notice noting that the property in question is subject to a variety of special conditions imposed as a result of approval of a land use action. This Title Notice shall serve as public notice of the conditions of approval affecting the property in question. The Title Notice should be recorded within the same time frame as allowed for an appeal and shall only be released, in full or in part, by the Division of Planning. The Title Notice shall generally provide as follows: The parcel of property legally described as [from file No. CUE-11-01], is the subject of a land use action heard August 22, 2001 by a Spokane County Hearing Examiner on, imposing a variety of special development conditions. File No. CUE-11-01 is available for inspection and copying in the Spokane County Division of Planning. 4. Prior to release of building permits, the applicant shall submit a final site development plan and other documentation to demonstrate compliance with Section 14.816.020 of the Spokane County Zoning Code. 5. The proposal shall comply with the Urban Residential-3.5 (UR-3.5) Zone, Chapter 14.816, and other applicable provisions of the Spokane County Zoning Code, as amended. 6 The applicant shall develop the property in conformance with the site plan of record submitted and the final site development plan approved by the Division of Planning. All aspects of the concept and proposal shall be binding on the development, including proposed use. Variations, when approved by the Division of Planning Director/designee, shall only be allowed to meet regulation standards and conditions of approval. Any other modification must be presented to the Hearing Examiner for review and approval. 7. The conditional use permit shall be renewed within two (2) years of the date the Division of Planning's approval of the final site plan. 8. Access to the accessory unit is strictly limited to an entry way facing east, west or north. 9. The accessory unit shall comply with the Uniform Building Code prior to occupancy. ATTACHMENT C AGENCY COMMENTS , OFFICE OF THE SPOKANE COUNTY ENGINEER 1026 W Broadway Ave, Spokane, WA 99260-0170 (509)477-3600 Fax (509)477-2243 fi~Yt "ENGINEER'S CONDITIONS OF APPROVAL" CONDITIONAL USE PERMIT TO: Spokane County Planning Department ; FROM: Division of Engineering & Roads DATE: April 24, 2001 PROJECT: DUPLEX ACCESSORY DWELLING UNIT FILE CUE-0011-01 RECEIVED 5P4KANE CGt!NTY Hearing: @ Planner: JIM FALK ' ` • ' Review Date 04/25/2001 v~..~•.` ~ Sponsor/Applicant: STEVE COTE ~'i r`~ F P ~NN~G Section Township Range: 20-25-44 Tech n ical/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. Prior to release of a building permit or use of property as proposed: 1. The applicant should be advised that an approach permit must be obtained from the Spokane County Engineer Department prior to the construction of any new driveway approaches. This must be done prior to the release of a building permit. 2. "The applicant is advised that there may exist utilities either underground or overhead effecting the applicant's 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 contact the applicable utilities regarding responsibility for adjustment or relocation costs and to make arrangements for any necessary work." END CC: Applicant STEVE COTE _ Engineer/Surveyor Planner JIM FALK . SPOKANE REGIONAL HEALTH DISTRICT ENVIRONMENTAL HEALTH DIVISION Inter-office Communication P- I EC" &E-IUED S P C i A 1NI~~ C O U N'i'Y DATE: April 24, 2001 . ~ ? ~J r` ~ ' I►1~ a TO: Jim Falk, Associate Planner, Spokane County Planning Division FROM: Donald Copley - EHSII, SRHD() SUBJECT: Proposed Conditional Use Permit: CUE-11-01 (Cote) 1. References: a) Map of subject, scale 1/8" = 3', by applicant, undated, received by this office April 13, 2001. b) Reconnaissance Geologic Map of the West Half of the Spokane Quadrangle, Washington and Idaho, Allan B. Griggs, 1966. c) Soil Survey, Spokane County, Washington, Soil Conservation Service, U.S.D.A., March, 1968. d) Spokane County, Washington, EngineerinR Interpretations, Soil Conservation Service, U.S.D.A., August, 1974. e) Spokane County Rules and Regulations for Sewage Disposal Systems, January 19, 1995. fl Logs of water wells in Range 44EWM, Township 25N, Sections 17, 19, 20, 21, and 29. g) Map: Spokane N.E. Quadrangle, U.S.G.S., 1973, and Spokane N.E., U.S.G.S., 1973. 2. Findings: a) This project lies over the Spokane-Rathdrum Aquifer. b) The project is within Critical Water Supply Service Area #3 and within the service area of Spokane County Water District #3. Water supply will be a public system. c) The project is inside the Spokane County Comprehensive Wastewater Management Area, inside the General Sewer Service Area, and inside the Priority Sewer Service Area recommended in the '201' Study. The method of sewage disposal is subject to approval of the Director of Utilities, Spokane County, pursuant to County Resolution 80.0418 adopted March 24, 1980. The topography and soils in the area are generally suitable for use of individual on-site sewage disposal systems. The parcel is not of the proper dimensions to permit the use of both an individual well and sewage system. . , d) The project lies in a flat area east of Felts Road and north of 9"' Avenue. Local drainageways are insignificant. e) Surface soils are classed by the U.S. Soil Conservation Service as Garrison gravelly loam with 0% to 5% slopes. They have a septic tank filter field limitation of slight. There is also possible contamination of groundwater. This soil would be classified as a Type IV. fl Geologically, the soils are glaciofluvial deposits. These geological structures generally yield moderate to very large amounts of water. Data from wells in the area referenced in section 1 g shows they are from 40' to 325' deep and have static water levels varying from 30' to 40' below the surface. The Spokane County Water District #3 has indicated that it can supply domestic use water for the project. 3. Required (mandatory) Conditions If Approved: a) Sewage disposal method shall be as authorized by the Director of Utilities, Spokane County. b) Water service shall be coordinated through the Director of Utilities, Spokane County. c) Water service shall be by an existing public water supply when approved by tlle Regional Engineer (Spokane), State Department of Health. d) A public sewer system will be made available for the project and individual service will be provided to the parcel. Use of individual on-site sewage disposal systems shall not be authorized. 4. Recommended Conditions of Approval: a) Use of private wells and water systems is prohibited. c: Director of Utilities, Spokane County c: Sponsor: Steve Cote PO Box 158 Four Lakes WA 99014 . TO: Jim Falk FROM: Jeff Forry, Division of Building & Code Enforcement DATE: April 20, 2001 RE : CLJE-11-01 The applicant should contact the Division of Building and Code Enforcement at the earliest possible stage in order to be informed of code requirements administered/enforced as authorized by the State Building Code Act. Design/development concerns include addressing, fire apparatus access roads, fire hydrant flow, approved water systems, building accessibility, construction type, occupancy classification, existing exterior wall protection and energy code requirements p• . County Public Works, Transportation • • Section, D • • County • • = - • MWA SPOKANE A • • . 0- (509: W Memo To: Spokane County Division of Planning Planner: Jim Falk From: Greg Baldwin . l ' Subject: CUE-0011-01 (Cote - Duplex Accessory Unit) Applicant: Steve Cote Date: August 8, 2001 RE: Conditional Use Permit Review 08-08-2001 We propose no changes to our conditions of approval sent to your office on 04/25/01. i . ~ . S P C- DN[SION OF I'LANNWC. A DIVISION OF THE PUBLIC WORKS DEPARTMEM' MICHAEI. V. NEEDHAM, D1RF.CTUR GAlll' OBERG, DIRECI'OR MEMORANDUM TO: Spokane County Division of Engineering & Roads; Scott Engelhard, c/o Sandy Kimball Spokane County Division of Engineering & Roads; John Hohman Spokane County Division of Utilities; Jim Red Spokane County Stormwater Utility; Brenda Sims Spokane Regional Health District; Steve Holderby Spokane County Division of Building & Code Enforcement; Jeff Forry Fire District No. 1 Spokane County Water District No. 3 . FROM: Jim Falk, Associate Planner • . DATE: July 25, 2001 SUBJECT: Review and comments for the hearing on August 22, 2001 at 9:00 a.m. FILE NO: CUE-11-01 BRIEF DESCRIPTION: Conditional Use Permit for an accessory unit in a principal residential unit pursuant to Section 14.816 of the Spokane County Zoning Code PARCEL NO: 45204.0447 APPLICANT: Steve Cote Note that the application and maps were previously circulated to your agency. Please review and return any comments to me by August 8, 2001 wc Attachments: Notice of Public Hearing I 1026 W. BROADWAY • SPOKANE, WASHINGTON 99260-0220 PHONr: (509) 477-7200 • FAx: (509) 477-2243 • TDD: (509) 477-7133 NOTICE OF PUBLIC HEARING SPOKANE COUNTY HEARING EXAMINER TO: All interested persons, and owners/taxpayers within 400 feet YOU ARE HEREBY NOTIFIED THAT A PUBLIC HEARING WILL BE HELD ON THE LAND USE APPLICATION LISTED BELOW, AS FOLLOWS: Application: File No. CUE-11-01; Conditional Use Permit for an accessory unit in a principal residential unit pursuant to Section 14.816 of the Spokane County Zoning Code. Parcel No(s): 45204.0447 Hearing Date and Time: August 22, 2001 at 9:00 a.m. Place: Commissioners Assembly Room, Lower Level, Spokane County Public Works Building, 1026 West Broadway, Spokane, Washington. Owner: Paul G. Cote, 10309 E. 9", Spokane, WA 99206 Applicant: Steve Cote, PO Box 158, Four Lakes, WA 99014; 509/951-9824 Address and Location: Generally located adjacent to and north of 9' Avenue 450 feet west of the intersection of Raymond Street and 9' Avenue, in the southeast '/4 of Section 20, Township 25 N., Range 44 EWM, Spokane County, WA Comprehensive Plan: Urban Ezisting Zoning: Urban Residential-3.5 (tJR-3.5) Environmental Determination: A Determination of Nonsignificance (DNS) was issued by the County Division of Planning, as the lead agency on August 3, 2001. The comment period ends August 20, 2001. Related Permits: Division of Planning Staff: Jim Falk, Associate Planner, (509) 477-7228 HEARING EXANTINER PROCEDURES Hearing Process and Appeals: The hearing will be conducted under the rules of procedure adopted in Spokane County Resolution No. 96-0294. All interested persons may testify at the public hearing, and may submit written comments and documents before or at the hearing. The Hearing Examiner may limit the time given to speakers. A speaker representing each side of the issue is encouraged. Any appeal of the Hearing Examiner's decision will be based on the record established before the Hearing Examiner, pursuant to County Resolution Nos. 96-0171. Environmental appeals will follow the same procedural route as the underlying action. All hearings will be conducted in facilities that are accessible to persons with physical disabilities. Inspection of File, Copies of Documents: A Staff Report will generally be available for inspection seven days before the hearing. The Staff Report and application file may be inspected at the Spokane County Division of Planning, V Floor Permit Center, Public Works Building, 1026 W. Broadway, Spokane, WA 99260-0220, between 8:30 a.m. and 5:00 p.m., weekdays, M-F, except holidays. Copies of documents will be made available for the cost of reproduction. If you have any questions or special needs, please call the Division at (509) 477-7200. Send written comments to the Spokane County Division of Planning, 1026 W. Broadway, Spokane, WA 99260, Attn: Jim Falk, File No. CUE-11-01. Motions must be made in writing and submitted to the Spokane County Hearing Examiner, 3`dFloor, Public Works Building, 1026 W. Broadway, Spokane, WA 99260-0245. I OFFICE C7F THE SPOK4NE COUNTY ENGINEER , 1026 W Broadway Awe, Spokane, VIIA 99260-4170 (509)477-3600 Fax (509)477-2243 "EhIGlNEER'S CUNDiTIONS OF APPRQVAL" +CONDITIONAL USE PERMIT TC]: Spokane County Planning Department + FROM: Division of Engine+ering & Raads QATE; April 24, 2001 PR+DJECT: DUPLEX AGGESS4RY DWELLING UNfT FlLE GUE-001 1 -U'I Hearing: @ Planner: J I M FALK Review []ate 0412512(}01 SpansorlApplicant. STEVE COTE Section Tawnship Range: 20-25-44 TechnicallReview Date: ( @ ) The Spokane County Engineering Department has reviewed the above referenced applicat6on. The fQllawing "Conditions af Appraval" are submitked ta the Spakane County Planning Department for incfUSion in the "Findings of Fact, Conclusions and +DrderlDecision" should the request be approved. Prior to release of a building permit or use af prvperty as proposed: I. The applicant shvuld be advised tha# an approach permit must be obtained from the Spokane County Engineer Departmenfi privr to the canstruction of any nevv driveway approaches. This rxiust be done priar to the release of a buifding permit. 2. "The applicant is advised that there may exist utilities either underground nr overhead effecting the applicant's prvperty, including property to be dedicated or set aside future acquisition. Spokane County will assuime nv financia[ obligation for adjustments or relocation r+egarding #hese utilities." "The applicant shauld contact the appf icable utilities regarding responsibility for adjustment ar relocation costs and to make arrangements for any necessary work." END CC: Applicant STEVE COTE Engi.neer/Surveyor Planner JIM E'ALK I Kimball, Sandy From: Hemmings, Bill Sent: Monday, April 16, 2001 7:52 AM To: Falk, Jim Cc: Engelhard, Scott; Kimball, Sandy; Parry, Ed; Sims, Brenda; Baldwin, Greg; Hohman, John; Little, Colleen Subject: CUE-11-01 - Paul Cote 4-16-01 I received the above referenced proposal on April 13, 2001. I have no comment on this proposal at this point in time. Bill Hemmings, PE ~ 1 PAGE 1 . . 09:43:01 16 APR 2001 Road# Road Names.......... MPost. Reference Descriptio Road Log Info.......... 05871 9TH AV (START) .000 WEST END TO EASTERN U 19 PAVED 36 9TH AV .010 EASTERN RD U 19 PAVED 36 .120 DOLLAR RD U 19 PAVED 36 9TH AV (END) .250 THIERMAN ST U 19 PAVED 36 I 05872 9TH AV (START) .000 ELIZABETH RD U 19 PAVED 30 9TH AV .080 BRADLEY RD U 19 PAVED 30 .210 COLEMAN RD U 19 PAVED 24 .330 GIR.ARD RD U 19 PAVED 30 9TH AV (END) .460 PARK RD U 19 PAVED 30 05873 9TH AV (START) .000 WOODRUFF RD U 19 PAVED 35 9TH AV .070 WALNUT RD U 19 LIGHT BITUM. 22 .130 HER.ALD RD U 19 LIGHT BITUM. 22 .240 FELTS RD (START) U 19 LIGHT BITUM. 22 .360 RAYMOND RD U 19 LIGHT BITUM. 22 .430 OBERLIN RD U 19 LIGHT BITUM. 22 .500 UNIVERSITY RD U 19 LIGHT BITUM. 22 .750 PIERCE RD U 19 PAVED 40 9TH AV (END) 1.000 BOWDISH RD U 19 PAVED 40 05874 9TH AV (START) .000 UNION RD U 19 PAVED 40 9TH AV .140 ROBIE RD (START) U 19 PAVED 40 9 TH AV ( END ) .240 S R 27 ( P I NE S) U 19 PAVED 40 05875 9TH AV (START) .000 VERCLER RD U 19 LIGHT BITUM. 20 9TH AV .120 WOODLAWN RD U 19 LIGHT BITUM. 20 .250 MCDONALD RD U 19 LIGHT BITUM. 20 .380 CLINTON RD U 19 PAVED 40 9TH AV (END) .540 BLAKE RD U 19 PAVED 40 05870 9TH AV (START) .000 CHRONICLE RD (START) U 19 PAVED 28 9TH AV (END) .120 CARNAHAN RD U 19 PAVED 28 05876 9TH AV (START) .000 MAMER RD U 19 PAVED 40 9TH AV (END) .090 EVERGREEN RD U 19 PAVED 40 05877 9TH AV (START) .000 WARREN RD (START) U 19 PAVED 40 9TH AV (END) .080 ADAMS RD U 19 PAVED 40 06186 9TH AV (START) .000 ROBINHOOD ST U 19 PAVED 40 9TH AV (END) .150 MARIAM ST U 19 PAVED 40 06198 9TH AV (START) .000 WEST END TO DICKEY S U 19 PAVED 36 9TH AV (END) .120 DICKEY ST U 19 PAVED 36 06233 9TH AV (STAR.T) .000 WEST END TO SULLIVAN U 19 PAVED 36 9TH AV (END) .120 SULLIVAN RD U 19 PAVED 36 06290 9TH AV (START) .000 WEST END TO HARMONY U 19 PAVED 37 9TH AV (END) .020 HARMONY RD U 19 PAVED 37 05878 9TH CT (START) .000 EVERGREEN RD U 19 PAVED 36 9TH CT (END) .110 EAST END OF ROAD U 19 PAVED 36 06291 9TH CT (START) .000 HARMONY RD U 19 PAVED 37 9TH CT (END) .040 EAST END OF ROAD U 19 PAVED 37 14 Records Processed . . . ~ 3-iLa . i, 1 ~ .:x.`a'-•Y~( y~•'1~ sl . 'wrK = ~ . ~ e • S P O K A N E C O U N T Y DNISION OF PLANNING A DNI5ION OF THE PUBLiC WORKS DEI'ARTMENT MICHAGL V. NEEDHAM, DIRECT'OR GARI' OHEKG, DIRFC-TC)R MEMORANDUM TO: Spokane County Division of Engineering; Transportation Engineering, Scott Engelhard, c/o Sandy Kimball Spokane County Development Engineering Services; Bill Hemmings Spokane County Stormwater Utility; Brenda Sims Spokane County Division of Utilities; Jim Red Spokane Regional Health District; Steve Holderby Spokane County Division of Building & Code Enforcement; Jeff Forry Spokane County Fire Protection District No. 1 Spokane County Water District No. 3 FROM: Jim Falk, Associate Planner DATE: April 13, 2001 SUBJECT: CUE-11-01; Conditional Use Permit for accessory dwelling unit Attached is a copy of the above-subject application submitted by Steve Cote for a Conditional ~ Use Permit for an accessory dwelling unit. Please review and forward your comments to me by April 25, 2001. If you have any questions please contact me at 477-7228. NOTE: The Division of Planning is now circulating the SEPA Checklist. This will be the ofrly time you will be able to comment regarding the SEPA Checklist for this project. wc cc: Paul Cote, 10309 E. 9til, Spokane, WA 99206 Steve Cote, PO Box 158, Four Lakes, WA 99014 Theresa Woolery, University Neighborhood Assn., 510 N. Felts, Spokane, WA 99206 Attachments: Application, Site Plan, Vicinity Map, Environmental Checklist I 1026 W. 13120ADWAl' •$I'C)KAN[:, 1VASHIN(;TON 99260-0220 I'H(l,'v`! : l`ll<I) .I^^_;?Illl • F'AX' (Sll(l) .177-224'1 • TDI): (511W) 477-7111 I , • . ~ A. 1 APPLICATION FOri~ PUBLiC HEA►RING ITEMS CU'Fa'S, VARIANCES, hION-CQNFORMfNS USES III Il~d ~ ~ ❑IVISION C7F PL.ANNING ~'`iCc:°iv-:w? SPOK~ CA)UNI"1' ~~OKANL: ~ «4 PRC3PERT'w' (.)WNER INFfJRMATIQ i Property Uwner(s): ~fit. ~ r. . Street Address: ~ o ? c? 9 -f ~ Ci#y: -9P O~ A Aj i~.. State: I-vA Zip Code. Ci C] ~ Phvne: (Home) (Wark) Fax: APPLICANTIAGENT INFfJRMATION ♦ Applicant/Agent: Street Address: Fl, c) o ~K Gity: ro t-}- ►r ~ s State: VA Zip Code;. ``1o Phone: {Horne} ~ ~ ork} -7 41 s-1- 9 1? Fax: C) 0211 REQUESjED ACTIONS[SI (Indicate appropfiate ac#ion): Cvnditional Use Permit C] Expansian Qf a Noncvnfvrming Use ❑ Varianee(s) ❑ O#her (list): PRUJECT INFURMATION • Existing use vf pr+operty: ) cA. • D~e cribe propvsed use of the vperty, n~atinc~ chanpe fram 'existin use': ~D C C- ~ ~ w 0A - I~ I.~t- w~~ 1, c~ c t..t s w ~ c...~ • If avariance application, s#ate #he Code standard and describe the variance souaht in camnarable terms (i.e., 50 feet from centerline verses required 65 feet): • lf a canditional use permit aQplication, doeS pCOposal R1eet 71l Statidard5? N If nvt, has one vr more variances been requested: Y V • If home industry, has +consultation occurred with the Dirrision o'f Pianning regarding construction of building for intended use7 Y N • APPLICATIONS FOR PUBLIC HEARING ITEMS • PAGE 2 Of 3 CUP. Variance, Non-confoRninq Uses 1 Sy~~ i Sa• Size of the subject property _2,.7, C2 S o~ Parcel No. (s): 4 5v2o y. O Y~ ~ • Current zoning of property: Ue- 3• j • Street address of property (if known): I o3 p`'~ ~9 • Legal description of property (include easement, if applicable): _VIV , ✓w 2S Le e q$' A L LA-T 14. Q i. It y t\ iJ p < ~ ~IaG s-f. • Source of legal: Qc, w, 4~~ • Total amount of adjoining land controlled by this owner, sponsor and/or agent: • What i7e est does a plicant hold in the property L,: „ ~ NOTARY State of Washington) SS County of Spokane ) I swear, under penalty of perjury, that: (1) I am the owner of record or authorized agent for the proposed site; (2) if not the owner, written permission from owner authorizing my actions on his/her behalf is attached; and (3) all of the above responses and those on supporting documents are made truthfully and to the est of my knowledge. Signed: Date WANDA T. CLARK NOTARY PUBLIC JIZE-1yr~Q4e-, / . STATE OF WASHINGTON Nota~ P,ublic in and for the Sate of Washington, residing at EXPIRES JANUARY 6, 2003 tlc, My appointment expires O/-0 ~Q r Cl4 r K BURDEN OF PROOF FORM(51 (by appliCant) 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 Hearing Examiner must consider. Please comp(ete the form and retum with your application. FOR STAFF USE ONLY Section _2,0 Township Range ~ Volation/Enforcement: Y~ L o t, l e g a l & a d d' I. o w n e r s hip c hec ke d by: 1-LidJ P, Person doing preapp conf.: Ytil,~ ~ Other/previous Division of Planning actions involving this property: Mcr_;-C.a ~ Certificate of Exemption No. Application No. Hearing Date Various site plan dimensions check by • 1 APPLfCATlQwS FDR PUBLIC HEARfNG 17EMS PAGE 3 of 3 CUP, Variance, Non-conforminq lJses S#GN-OFF BY AGENCIES The applicant must visit each agency whose nurriber is circled below. , 1. SPOKAME REGIQNAL HEALTH D15TRICT a. Propased method of water suppfy J::~-j s-ja,j C." b. Proposed methad of sewage dispasal F -N~ s~.1v ~s A preliminary cansuftation has been heEd tp discuss the prapQSal. The applicant has been infarmed of requirements and standards. We request consultation with the Division of Pfanning: Y iV Signature Date 2. WA3ER PURVEYOR: SP41C f)1VL COUrl'1/T`f UV~ TE-R pISrRIO a, Prapased method of water supply ~)c . b. The proposa is is nvt located within the bvundary of aur future senrice area. c. The propos is `rs not Ivcated within the boundary of vur current district. d. W &are not able ta serve this site with adequate water. e. Satistactary arrangements have te na been made to serve this prvpasal. ~ rwv ~ Signature pate ~ SErrvAGE DisPVSAL PuaVEvaR: - , - ~ a. Prvpased methad of water supply b. Proposed method of sewage disposal A preliminary consultation has been held ta discuss the proposal. The applicant has been infarmed of requirements and standards. , Signature Date 4. FlRE I]ISTRlCT 1 F1RE IIAARSHALL a. Praposed is within Fire Pratection District # J_ b. Adequate arrangement ha►relhave not been made #o meet aur needs in prmviding for an adequate water system and facyities for fire prvtection purposes c. Recommended fire flow: ti or unable to ca[culate nvw because use is not ~ definitive and wiil be determin d at building permit applicativn time. `d. Requirements fnclude: /vi/VC___ ; ~ - ~ / -3 113ld-00 Signature Fire Dlstrtct # Date ' A4V for PLO)k H"ft ftWn*-1g-10-W , . . ~ , ~ CONDITIONAL USE PERMIT BURDEN OF PROOF FORM Name: -ip-volw u 5.tVQ- (?G-h7 L File: -r. u F, Li ' 0 1 CONDITIONAL USES State Law, Section 36.70.020 (7), ciarifies that the County regulations must specify the standards and criteria that shalf be applied in the review by the Hearing Examiner. Condition(s) of approval may also be added to assure compatibility with other uses in the same zone. A. Assuming the proposa{ is listed as a"permitted" conditional use, do you believe the proposal meets all of the required, established and app4icable standards? ~i ,,it- ~ ~ B. If you cannot meet the conditional uses required standards, are you seeking reiief by applying for an administrative exception or a variance? Yes No C. What have you done or could you do to: nity or zone? 1. Make the use compatible with other permitted activiti the same vic* ~~r. 2. Ensure agains i posing excessive demands upon public utilities? 'V, D. Explain how or why the proposal w+ll not be detrimental to: , 1. The Comprehensive Plan: ; ar,d ' r 2. Surrounding property: ~LA~ ~ u. ~s~--- ~ E. What reasonable restrictions, conditions or safeguards will uphoid the spirit and intent (heaith, safety and general welfare) of the Zoning Code AND mitigate any adverse effect upon the neighboring properties - incfuding 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 parking; and 6) others? Ckr~- ►•e,,~ ~ _ . s'~ , , _ , , ~ ~ Y ~ o-~. ~ cAtl~_.cl O n . ' r rc~~ < ~n : • - _ c ' : i a. ❑ ~ ~ . > , kiAa ~ u CUP BURDEN OF PROOF REV. 2-99 DS`,!iSI-i0N Ot=- F':..A4`~NNG 1 . . . ~ , . RECE{VED SPOlCANE COUNTY ~W,~R 2 4 ?0:~: DIVSS?ON OF PLAtIMING -SPOKANE ENVIRONMENTAL ORDINANCE SECTION 11.10.230;1_ . iF ~ - 01 ~ , L,.., jyiivd4J ,)JuUutPl(-) it;luau:uvJtnu3 aur~ods •AIannDadsa.z „~eajz:)i,qdr-.i2oa2pa3oa~j,cN purNIiasodosd„ „`Irsodosd„ se peai aqpjnox{s „azts so Xuado.id„ puE .`iue:)qdde. „Cnalosd„ splotA ay oi aqz ur sa~ua~a~ai acp ISUOT1aE l:)a(o.zd-uou so3 ' (Q lmd)S\OLL--)V.LD3lO'9d-NON'd03 .L31HS `I'V.LNr3W3Zddt1S atjlaiajdt,uo:)`I~OLLIQQb NU „'AIddr. lou saopN paianssur aq Arur suotlsanb 42noql uana `slrsodold i:)afoid-uou soj sr-ql asajduioD :SI NSOdOyd .LD31'O?Id -N0N 210-4 lSI7XD3HD 40 3S(1 -l:)rdun as.ranpE 2u-e:)tjru2is a9 XEUS a.zail }i ouzun.uia:Lap oi paxejas Xi9ruoseas uonleuuojut TeuoTiTpp~e apinosd so ssamsueinoA urejdxa oi noA 51sr Xecu isiI3j:)aq:) sr-q2 1rwqns noA IIDrlqns ol 1,3ua2'c atLL •maHa jEiuauruonnua slT so Irsodoid lnoj( a9u:)sap diay jpA&leip uoneuiso}ut Ituoilrppe Arne q:)euV 'puej;o sjaared luasajjrp uo io aun1 jo poTjad V. Iano Luatll op oi treid noA 3i uana `irsodo.rd rnoA }o surd ije oi Ajddic suon.sanb lsiIN:)aiq:) aiqZ •nox lstss-e uE:) sai:)ua2E Pzluau.iusan02 aTJJ 'sarajqo.rd aneq noX 31 •ura noAp uoilsanb asar.p iaj&suv •suor1eu5isap 31.MurpuEj pue `autiaiois '2utuoz se tions ISIIOL1Epdai jVlIIaLIILIIaAO2 1noqE 31se suoiisanb acuos 1sa2r, si(lejap Amssa)auun pTOne kcw nsou suoilsanb alql ol ssamsue alatduio:) •„XiddE iou saop. lO .1.A0u3i ZOU Op„ aium `jesodosd snoX ol KjddE lou saop uonsanb L, p so 'san&sue aql mou3l lou op AUrw noA }I •suadxa anq oi paau aql lnorllim su-eid lz)afold io suorllen.ias9o umo inoX urolj suotlsanb ay landsaE oi ajqr- aq pinoRs noA ~sase:) lsoui ur -a2paimo" lnoA jo isaq aql oi 'Atinja.rea pu-c Ajaminx)r, uorisanb 4:)r,a sanAsur, lsnui nok noX uoTldu:)sap isa9 alql anc2 lo `umom4 uotlrutso3ui ast:)a.id lsot,u aqi qlin1 'XUat19 suorlsanb ayzanssuV •SIg u-c }o uorlrurdald 2uuinbas `lu-e:)t}ru'Ois a.~r Irsodoid sno,( so mrdun irlUawuo.rinua a,ql iatjlaT4b auruijaiap oi lsrj~:)atj:) srci asn samQAle IrlUatuu.Iano~ •psodoid rnoX 1no9E uoileurlojuT :)uE9 awos aqu:)sap oi noA s31se isijsjDaTi:) reluaLUUO.zinua stT41 s.r.nrVDrraad 90.4 snrollDnx.zsnrl •pasinbal si SIH uie lat,2aTjns apmap A:)Ua2r- atp diaq oi puE (auop a9 u-e:) lt }T `jESOdosd aql cuos} sl:)rdtui ptonr, io ainpa.c oi pcrE) jrsodold snoA uioll 33-edtut Ajr1Uapr A:)ua2E atll ptre noX djail oi aot1EUi1o}ui apinold oi st istM:)aT4:) siyl jo asodlnd a~~ -luauluolinua alqi }o XiTirnb aijl uo sl:)rduir aslanpe lur,:)rjTU2rs aiqrqoid 4lcni slrsodold jlr zo} pairdasd aq isnLU (SIg) luaLUams 1:),edurr jeluatuuostAua ad •saotsi:)ap 2anlew aiojaq Irsodosd ejo sl:)edurc JEluautuo.rtr,ua a141 laptsuo:) ol satz)uaor. Irluaurulano2 jfr sa.rrnbai ~~D-d DI Z•£V ,raldeq:)`(dcjgs) l:)d k:)riod Peluatuvosinu-j alEls a4j .LS1731D3HD .40 3S0d21lIcj (t)0£Z'OI'I [ uoilDas a:)vrurP.rp friaat.uuolcnug at.reNods 096-II-L6I DVA& .LSITHDaHD TV.LN91XNO)lIANj VdaS . I , • , . , . A. BACKGROUND FILEIPROJECT No. 1. Name of proposed project, if applicable: ~p011-2 ~ .7,d I 11tS~ ~p~" GLC_4~SSo rld~ ~c.~ ~ V N ' . ~ D ~ 11 t0 O~- SUt_ tu . ~ 2. Name of applicant: 1~a,,%. ) G 3. Address and phone number of applicant and contact person: t 03 0 9 ,6;'. 9 Srp f, L a- WA - °t ? 4. Date checklist prepared: ~ 5. Agency requesting checklist: , /~Z7 -4\-) 0 1 1! 0 N o ~ 6. Proposed timing or schedule (including phasing, if applicable): C. k, tv v Spokane F.nvironmPnr-il nrdin~nr, i ~ . A. BACKGROUND (concinued): 7. a. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain. o F~ ~ ~ • b. Do you own or have options on land nearby or adjacent to this proposal? If yes, explain. A/ 0 , 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. ~J A 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. 10. List any government approvals or permits that will be needed for your proposal, if known. Au 02 1 l) s ~ P-k Y rn ~ o Ai (il' Spokane Fnvironmental Ordinance Checklist PaoF 4 of I 1 ~ . A. BACKGROUND (concinued): 11. Give a brief, complete description of your proposal, including the proposed uses and the size of the project and site. There are several.questions later in this checklist that ask you to describe certain aspects of your proposal. You do not need to repeat those answers on this page. , ~ d r, ~ ~ , S K . ~ V►*-~ ~t t~ d ~ c~ ~ ~ T1--~,..,_, ~ t~ ~ ~ , 4o J 12. Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project, including a street address, if any, and section, township and range, if known. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or deta.iled plans submitted with any permit application related to this checklist. /cz? og ! . 13. Does the proposed action lie within the Aquifer Sensitive Area (ASA)? The General Sewer Service Area? The Priority Sewer Service Area? The City of Spokane? (See: Spokane County's ASA Overlay zone Atlas for boundaries). e lI . 1 Evaluation For A?ency Use On ly TO BE COMPLETED BY APPLICANT B. ENVIRONMENTAL ELFMENTS: 1. EARTH a. General description of the site (circle one)~,flat"~rolling, hilly, steep slopes, mountainous, other: b. What is the steepest slope on the site (approximate percent slope)? c. What general cypes of soils are found on the site (for example, clay(san ravel peat, muck)? If you know the classification of agricultural soils, specify them and note any 'me f rmland. Pr~l a.,~ d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, des ribe. ~ e. Describe the purpose, type and approximate quantities of any filling or grading proposed. Indicate source of fill. GV~a vR- 1 a~ ✓.e,r w A--~,~ - f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. ArU Sookane Fnvirnn,r.en~-,i ♦ ~ MI . Evaluation For Agency Use Only B. ENVIRONMENTAL ELEMENTS (Continued): g. About what percent of the site will be covered with impervious surfaces after project construction (for eYample, asphalt or buildings)? ) S- h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: __v A 2. AIR a. What type of emissions to the air would result from the proposal (i.e., dust, automobile, odors, industrial, wood smoke) during construction and when the project is completed? If any, generally describe and give approximate quantities, if known. JUo a d d - b. Are there any off-site sources of emissions or odor that may affect your proposal? If so, generally describe. c. Pr posed measures to reduce or control emissions or other impacts to air, if any: ~o h.~ , ~nll~'ltl/• F!l'.11'f\nrT..r~ n.-~...,.., rl..'~..~.r P, '7 ,.C'1~ . . Evaluation For Agency Use Only B. ENVIRONMENI'AL ELEMENTS (Continucd): 3. WATER a. Surface: 1) Is there any surface water body on or in the immediate vicinity of the site (including year-round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flozvs into. 2) Will the project require any work over, in, or adjacent to (within 200 feet) the described waLers? If yes, please describe and attach available plans. v o 3) Estimate the amount of fill and dredge material that would be placed in or removed from surface ivater or wetlands and indicate the area of the site that would be affected. Indicatg the source of fill material. 4) Will the proposal require surface water wizhdrawals or diversions? Give a general descri tion, purpose, and approxirnate quantities if known. 5) Does the proposal lie within a 100-year floodplain? If so, note location on the site ~ pla~, C~nl~~,.~ r•.,. .i n_a:.._. ~~i. ..i..~:_. n,.,., Q„r,i ' • . + , Evaluation For 'Agency Use Only B. ENVIRONMENTAL ELEMENTS (Continued): 6) Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. 1l1 O b. Ground: 1) Will groundwater be withdrawn, or will water be discharged to ground water? Give general des ription, purpose, and ap roximate quantities if known. ~ n~-►~.. n~ a~. -~t,~t;~q t,,v c~.~V~r-S ~ c',l.v .1 . J 2) Describe waste material that will be discharged into the ground from septic tanks or other sanitary `vaste treatment facility. Describe the general size of the system, the number of houses to be served (if applicable), or the number of persons the system(s) are expected to serve. A 3) Describe any systems, other than those designed for the disposal of sanitary waste, installed for the purpose of discharging fluids below the ground surface (including systems such as those for the disposal of storm water or drainage from floor drains). Describe the type of syscem, the amount of material to be disposed of through the system and the types of materials likely to be disposed of (including materials which may enter the system inadvertently through spills or as a result of fire fighting activities). ~ o v,'+ T- .il. 1'. . r~t ~ - T>. . . r1 r - , ~ • . , Evaluation F'or Agency Use Onfy B. ENVIRONMENTAL ELEMENTS (Continued): 4) Will ~aLchemicals (especially organic solvents or petroleum fuels) be stored in above- ground or underground storage tanks? If so, what types and quantities of matenals will be stored? ~ o 5) What protective measures will be taken to ensure that leaks or spills of any chemicals stored or used on site will not be allowed to percolate to groundwater (this includes measures to keep chemicals out of disposal systems described sn 3b(2) and 3b(3)? P A c. Water Runoff (including storm water) 1) Describe the source of runoff (including storm water) and method of collection and d.isposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other waters? If so, describe. ~ r1 1 ; ~ -T~• 'v c. w ' • ; t t-. ~ ~ i ' „ 1 ~ li 1 I . 2} Will any chemicals be stored, handled or used on the site in a locatioa where a spill or leak will drain to surface or groundwater or to a storm water disposal system discharging to surface or groundwater? 3) Could waste materials enter ground or surface waters? If so, generally describe. Snnk-ino ~'n~•imr-•,,.,rl (1..1:., r'1.,,._1.1;- n.... ln ._r . • ~ . Evaluation For Aaency Use Only B. ENVIRONMENTAL ELEMENTS (Continued): d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any (if the proposed action lies within the Aauifer Sensitive Area be especially clear on eYplanations relating to facilities concerning Sections 36(4), 36(5), and 3c(2) of this cklist}. 4. PLANTS a. Check or circle types of vegetation found on the site: deciduous tree: alder, maple, aspen, other k evergreen tree: fir, cedar, pine, other shrubs ~ grass pasture crop or gra.in wet soil plants: cattail, buttercup, bullrush, skunk cabbage, other water planu: water lily, eelgrass, milfoil, other other types of vegetation b. What kind and amount of vegetation wil] be removed or altered? ~ ~A c. Li t threatened or endangered species known to be on or near the site. d. Proposed landscaping, use of native plants, or other measures to Teserve or enhance vegetation on the site, if any: c.,-,L-~~.-, r... . , r-, ..I~. ~-~l .I . r~.. „ . ' , Evaluation For Aoency Use Only B. ENVTRONMENTAL ELEMENTS (Con(ioued): 5. ANIMALS a. Circle any birds and animals which have been observed on or near the site or are known to be on or near the site: birds: hawk, heron, eagle, songbirds, other: mammals: deer, bear, elk, beaver, other: fish: bass, salmon, trout, herring, shellfish, other: b. List any threatened or endangered species known to be on or near the site. &1o AJ 6 c. Is the site part of a migration route? If so, explain. A] 6 d. Proposed measures to preserve or enhance wildlife, if any: 6. ENERGY AND NATURAL RESOURCES a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. b. Would your project affect the potential use of solar energy by adjacent properties? If so, enerally describe. I i ~fl(l~ 1 j..-,. ~l- 1~-. - - ~~t _1.1. . Tl,._ . 1 ~ : . . . ~ . . Evaluation For Agency Use Only B. ENVIRONMENTAL ELEMENTS (Continucd): c. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any: LA,_ f C~ Q ) 1A~C:V t,~) s L~ ~-t-~-h-- 7. ENVIRONMENTAL HEALTH a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste, that could occur as a result of this proposal? If so, describe. 1) Describe special emergency services that might be required. 'o Ai ~ 2) Proposed measures to reduce or control environmental health hazards, if any: A/ A. b. Noise 1) What types of noise exist in the area which may affect your project (for example: traffic, equipment, operation, other)? 1~10 oV ~ 2) What types and levels of noise would be created by or associated with the project on a short-term or a long-term basis (for example: traffic, construcuon, operation, other ? Indicate what hours noise would come from the site. o c.. r. . ' . ~ ' , Evaluation For Agency Use Only B. ENVIRONMENTAL ELEMEIVTS (Continucd): 3) Proposed measure to reduce or control noise impacts, if any: ~ p ti~ ir 8. LAND AND SHORELINE USE a. What is th curr nt u e of the site and adjacent properties? -~<<. ~ . ~ b. Has the site been used for agriculture? If so, describe. c. De cribe ar y structures on the site. w ~ a)nd ~ - d. Will any structures be demolished? If so, which? A/ D e. What is the current zoning classification of the site? U . ~ A Evaluation FQr Agency Use C?n1y B. ENVIRC7NMENTAL ELF'MENY"S (Continued): f. What is the current Comprehensive plan designatian of the site? g. If applicable, what is the current shoreline master program designation of the site? A . h. Has any part of the site been classified a5 an "environmentally sensitive" area..) If so, speciFy. Aj 0 . i. Agproximately how many people wauld reside or work in the campleted project) 6, j. ApprDx.imately how many people would the completed prv}ect displace? -J► o N k. Propc~s d measures tv avvid vr reduce displacement unpacts, if any. 1. Proposed measures to ensure the proposal is compatible with existing and projected land usesA and plans, if any. Af c.-.. . , , . „ . _ _ . . 1 ~ Evaluation For Agency Use Only B• ENVIRONMENTAL ELEMENTS (Continued): 9. HOUSING a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low-income housing. 1dGC /Q 1 n cc.~~.~ ~ v v- 5 t..J b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low-income housing. ft~D c. Proposed measures to reduce or control housing impacts, if any: 40 N 10. AESTHETICS a. What is the tallest height of any proposed structure(s), not including antennas; what is the p incipal exterior building material(s) proposed? ~ "3 ' ►-,c~- ~ b. What views in the immediate vicinity would be altered or obstructed? c. - Pro osed measures to reduce or control aesthetic impacts, if any: ~ 1~nn~.- i.,. T- t n. . ~l t t• . r~ . - . I , - 1 . . ~ Evaluation For Agency Use Only B. ENVIRONMENTAL ELEMEIVTS (Continucd): 11. LIGHT AND GLARE a. What type of light or glare will the proposal produce? What time of day would it mainly occur? ~A b. Could light or glare from the finished project be a safety hazard or interfere with views?~ ~ U c. What existing off-site sources of light or glare may affect your proposal? ~ 1V o /V d. Propose measures to reduce or control light and glare impacts, if any: iV ~ 12. RECREATION 1. What designated and informal recreational opportunities are in the immediate viciniry? ~ ~ 1V l1 ~~r~v•.•~ . b. Would the proposed project displace any existing recreational uses? If so, describe. O ~ ' . , . I _ . . . . r.• . . , . . , . . • ti , r Evaiuation For Acyency Use C]n1y B. ENVIRC7NIYfEM`AL ELEMENTS (Continuect): c. Praposed measures to rcduce or cantrnl impaczs on recreation, including recreation opportunities to be provided by the praject ar applicant, if any: Af 0 /G' 13. HISTORIC A.ND CLFLTLTRAL PRESERVATIUN a. Are there any places ar objects listed on, or propased far, nacional, state, or lacal pres rvatian registers, known to be on c~r next to the site? Zf so, generalZy describe. i1 0 /U'/0 b. Generally describe any landmarks or evidence of historic, archaeological, scientific or cltur~i~~artanee known to be on c~r next to the site. C. Pra vsed measures to areduce or contral impacts, if any; ~ A 14. TRANSPOIRTATT(]N a. Identify publzc streets and highways serving the site and describe proposed acCess to th~ ~ sting street system. Sh w on site pIans, if any. q k%_C _l + G'► ►+A~ ~ C. A-0 MISIrr' C" `t~ ~ A~ Cy Ak J-J V"J~ -v- I i L, _)rf. [1vQ -S~ 1 -o SD l~~'1 ~ b. Is site currently served by public transit? If not, what is the appraximate distance to the nearest transit stop? I . _ . ' , ~ , Evaluation For A~ency Use Only B. ENVIRONMENTAL EI.EMEMS (Continued): c. How many parking spaces would the completed project have? How many would the project eliminate? "7` /V Q~'~, ~u ~ ~ -e~ / t ,~--t s. d. Will the proposal require any new roads or streets, or improvements to existing roads or streets, not including dnveways? If so, generally describe (indicate whether public or private). ~ e. Will the project use (or occur in the immediate vicinity o~ water, rail, or air trans ortation? If so, generally describe. __1a~ f. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would ocrur. - ~ ,1 n L Y'~ c.l..~ g. Pro osed measures to reduce or control transportation impacts, if any: 15. PUBLIC SERVICES a. Would the pro}ect result in an increased need for public services (for example: fire p otection, police protection, health care, schools, other}? If so, generally describe. 1~,~ 0 c•,,,1-,..., r. . . . ~ , . • , , ~ , . , , . " A ~ r E4atUaLIOR FC7f Aoency llse Only B. ENVIRDNMENTAL ELFMEI`3TS (Centinurd): b. Proposeci rrzeasures to reduc+e or controt direct impacts on public seraices, if any. ~ 16. UTILITIES a. Circle utilities curr~nzl available at the site~lectri at wat~refus~ r servi , ~ ne; t~xysew~ septic system, other. - ~ b. Descnbe the utilities that are propvsed for the project, the uxility providi.ng the service, and the general construction activities on the site vz- in the immediate vicinity which might be needed. 0 ~ k~ I -W-JeA. } s ~ C~ k 4 1 C- ~ L- LIJ C7+9 ~ 4 f t C. SIGNATURE I, the undersigned, swear under the penalry of perjury that the above responses are made truthfu]ly a.nd td the best vf my knowledge. I al.so undetstand that, should there be any wil1fuI misrepresenta6on or willful lack af full disclosure on: my part, the agencv may withdraw an.y determination of non-significa.nce that it might issue in reliance upon this - checklist. Date: J r sz ~ 1 Fropvnent. ~ o Lld Proponent. (Please type vr ps`int) ~Signature~ Address: ~ 6- 13 o -*r +f -<dl" City, State, Zip: 045 L+•~` d Phnne: 57- Persan cornpleting the farm: ~c,Date: Phvne: ~ - . FOR STAFF USE ONLY Staff Member(s) Reviewing Checklist: Based on this staff review of the environmental checklist and other pertinent information, the staff: A. Cancludes that there are no probable significant adverse impacts and recommends a deterrnination of nansignificance PNS}. B. Concludes that prQbable significant adverse environmental impacts da exist far the current prOp05aI and reCammend.s a mItIgated deLerminatzOn of rlonstgnlfiCanCe wiCh conditiQnS (MIJNS), C. Concludes that there are probable significant adverse envirvnmental im,pacts and recommends a deterr.nination of significance PS}. REFER TO FE£ SCHEDULE F(3R FILI~iG FEE Spokane Envir~nmental (~3rc~in7~c't: C~he~"~IrsT Pa~7e ? ! of? 1 ~ SPOKANE COUNTY DIVISION OF BfrJII~TTG AND CODE ENFORCEMENTN 1026 WEST BROADWAY AVENUE • SPOKANE, WA 99260-0050 (509) 477-3675 ` J ~ SrrE I1vFOxMATroN F-Roi-Ecr NFOxmxTTON ~ Site Address: 10309 E 9TH AVE Project Number: 01002012 Inv: 1 lssue DAte: SPOKANE, WA 99206 permit Use: CUP ACC. RESIDENCE Parcel Number. 45204.0447 Subdivision: [INIVERSITY PLACE Applicant: TROY, R.L. Block: Lot: 10309 E 9TH AVE Zoning: AGRI Contact: SPOKANE, WA 99206 Phone: (509) 924-5833 Owner: TROY, R.L. Address: 10309 E 9TH AVE Phone: SPOKANE; WA 99206 Inspector: NONE Setbacks - Front: Left: Right: Rear: Water Dist: Group Name: unknown Project Name: C PERMIT(S) 1 J Conditional Use contrector: License ENGINEER REVIEW $50.00 CONDITIONAL USE PERMIT $436.00 Total Permit ree: S496.00 ~ PAl'MENT SUMMARY Pagc 1 of 1 NUTES 1 / PAYMENT Processed By: WRIGHT, R.AE Printed By: WENDEL, GLORIA Tran Date Receipt # Pavment Amt 3/30/01 1924 $486.00 Tatal Fees AmountPaid AmountOwing $486.00 $486.00 $O.UO ► " AA ~ • L S'p4kane Courtty Public Wvrks Departrnent Divisan of }3uilding & Cade Enforcernent Receipt Receipt IVumher: 1924 Customer 1ljrtrather Pro # ects Fufl Proiect 1Vbr Irrv Nbr Fee Anit Itrv Antt Qwing PAID P1yrt 01002012 1 $486.00 $486.00 $486.00 $486.00 ~ Toial: $486.00 $485.00 $4$6.00 $486.00 Miscellaaeous ItemS Totrrl FAID: $4$6,00 Tender ~e Clreck Aect Balrrnce CC Nbr Exn Ilate T'ENDEREI} Checkl 0522 486.00 Totnl TENDERED: 486.00 Q'uer r' (Sliort) $0.00 Cltange $0. 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[ ~ ro ~F;O _ . . I ~ _.~CC.\ 1 ! `r\._ .~}a`- _ _af . . . ~ . . ~ ~ ~ . . . . . - . . . . - - . . . . . _ ~ . . - . . . . . - . . . . ~ ~ ~ . . : . . k t : " _ /",J► ~ i . I !;1 ' L:=« . :t.. _ . , ' . ,~1 - ~ ~ ~ . . . ' . ~ ~t ...r..,' ?a'~ > F _ i, ~~~t _ " ~ - ~ ~ ~ . , , ~ ~ rk'n. - - . _ ~ ~ . „ _ . , y , . _ „ ~ _ ~ : _ . - - - - _ „ . _ . _ - _ _ - - _ - - i° • . _ . , .r . - - : . , _ _ . . + ~ . . . . . _ . tl ~ ~ . . ~ . y., - . . . . . . ~ . . . ~ - - - _ a .r% , - - ; ~+4~.~ca.~~.~'- ~ _ . _ - . _ _ . . . . ~ ~ ; ~ . . . - DETERMINATION OF NQNSIGNIFICANGE _ "DNS" WAC 197-1 I-970 and Section I1.10.230(3) SPC}KANE ENVIRUNMENTAL ClRDINANCE FILE NiTMBER.: CUE-11-01 DESCRII'TI()N tlF FR(aPUSAL: ConditiQnal Use Permit for an accessory unit in a principal residential unit pursuant tv Section 14.816 of the Spokane County Zoning Code. PARCEL NO,: 45204.0447 HEARINiG DA'I`E AND TIME. August 22, 2001 at 9:00 a.m, APPLICANT: Steve Cote, pO box 158, Four Lakes, WA 99414; 509-951-9824 LOCATI(]►N +OF PROF(]SAL; Generally loeated adjacent to and north of 9''' Aaenue 450 feet vvest Qf the intersection of Rayrnond Street and 9f" AWenue, in the southeast '/4 of Section 20, Tawnship 25 N., Range 44 EWM, Spokane County, VirA LEAD AGENCY: SP(7K.ANE CDUIVTY DIVISIaN 4F PLANNING DETER.iV1INATION; The lead agency far this praposal has determined that it does not have a prabable significant adverse impact on the enVironment. 7`his decision was made after review of a completed environmental checklist and atller information on file with the lead agency. This information is available to the public on request. This DNS is issued under WAC lg?-I 1-34U(2), the lead agency will not act on this proposal far at Ieast 15 days fram the date issued (below). Commeats regarding this DNS must be su6mitted no lafer than 5:00 p.m., Augusf 20, 2001, if they are intended to alter the DNS. AlI comments should be sent tv the contact person listed belaw. RESPONSIBLE OFFICIAL: By: Jim Falk Assvciate Planner Spokane County Diwisivn af Planning 1026 W. Brvadway Ave. SpQkane, VL7A 99 -0220 (509) 477- 228 +~r DATE ISSUED: Augus# 3, 2041 SIGNATUR-E; y CQNRvflEtM RE+GARDM IINVIRUNNIENTAL CJUN ARE WEiCpME AT TI-IE HFARING. AFPEAL (}F 'T'HIS I?ETERMINATIQN, after it becvmes final, may be made to the 5FC3IfANE C()UNT"Y DiVISIQN QF PLANNTNG, I st Flovr, 1026 W. Brvadvv'ay, Spokane, VVA 99260. The appeal deadline is ten (10) calendar days after the signing of the decision to apprave or disapprove the project. This appeal must be written and the appeltant shaulcl be prepared to make specific factual vbjectians. Cantact the DiWisian vf Planning tQ assist you with the specs'ftcs for a SEPA appeal. This DNS was mailed to: 1. WA State Department flf Ecalogy (Olympia) ~ 2, Spokane County I)ivision of Engineering, Transpartation Engineering; Scott Engelhard 3, Spokane Caunty L?ivision of Engineering, Develvpment Services; Jahn Hohman 4. Spokane +County Divisian af Lltilities; Jim Red 5. Spokane County Stormwater Utility; Brenda Sims 6, Spokane Regivnal Health District; Steve Hoiderby 7. Spokane County Division vf Building and Code Enfarcement, Jeff Forry 8. Spokane Caunty Fire Pratectivn District No. 1 9. Spokane County Water District Na. 3 ■ %,,v - . ap SM : 09 a a ax ~yttP oA u ~ M Mvcwdlc7 w Y ~ co cm ~ Ido ~ Pin eS Juni a~ t s 8n ry North rz 8 dw~ ° 5 a ao Fdu an c ~ e ° t Ba d Go•; ~ ~ - ?uic 4%.6 ApPkway kt A'PPk`"aY 2, i _ , i ~ Op u 1 ~y,dy r v 2 14ch . ' ^ d 1 p ~ °°d ~ ~ Glc ' !~?A~ ~ u, ` a ~ ~ a !Sh ~ r~ ~ri ~4d~ d L30 ~ = p r--- ` ~ I oU prn ~ 9 Q ~ ~ ,s ~ ~ ~ ~ Parcel: 45204.0447 Owner: COTE, PAUL CoOwner: Owner Address 10309 E 9TH AVE SPOKANE WA 99218 Site Address 10309 E 9TH AVE SPOKANE , - ~ h Legal Description UNIVERSITY PLACE E48112' OF LT 15 & ALL LT 16 BLK 4 AND ~ 6th W1/2 VAC ST ADJ th lt~ ~ - S ~ J ~ ~ - I , ' OL ~-t f , 11 t , 1 I ~13th . ~ ~ P~q ~ Notice: This is not a legal document. Data depicted on this map is general & subject to constant revision. It is intended for reference use only. Legal tlocuments shoultl be obtained from the appropriate agency. ~ ~i ~ ~ ~ w • 1 ~ ~ f s l ~ =i ~ J b~-'' ~ • ~C ~ ~ N ~ ► ~ " M N- ~l + 12e y AK a„y z ~ ~ y 00 r. v a-~, d ~i~~ b 3 ! ~ 1 ~ s~ 67 ~ - ~ 3 8 o C~ ~ 3 00 ap. ei to o _ _ ~ ,o > low p s : 7 C 'Al ~ fl 4N 0 to ~ • ~ ~ ~ 1== ~ ! d 3 ~ • , ~ ~ ~ '~t ~ 9 d 1 1C) . S4 ~ o 14- o ~ A