VE-8-01
1
r SPOK;ANE COUfNTY HEARING EXAMINER
RE Vanance from Setback Reqwrements, )
in the Urban Residential-7 (LTR 7) Zone, ) FINDINGS OF FACT,
Apphcant Tim Sulzle ) CONCLUSION5 OF LAW,
Fde No VE-8-01 ) AND DECISION
)
This matter coming on for pubhc heanmg on August 15, 2001, the Heanng Examiner,
after review of the land use apphcahon and the entire record, hereby makes the following
findulgs of fact, conclumons of law and decision
L FiNDINGS OF FACT
1 The apphcarion requests a vanance from the minimum front yard and rear yard
setbacks required m the Urban Residential-7 (UR 'n zone, to allow the placement of a
manufactured home azid garage
2 The site is generally located adjacent to and east of Nma Cucle, north of l Om Avenue,
in the SW 1/a of Section 20, Townsinp 25 North, Range 44 EWM, Spokane County,
Waslungton
3 The site is currently referenced as County Assessor's tax parcel no 45203 0135, and is
addressed at 924 East Nvaa Circle, Spokane, Washington
4 The subject property is legally descnbed as all of Lot 12, and the northwesterly half of
Lot 13, Block l, Siesta Mobile Park Addition, per plat recorded at Book 7, page 79 of Plats,
Spokane County Audztor, vn Spokane County, Washington.
5 The apphcant for the vanance and the owner of the ate is Tun Sulzle, 11224 East 35'
Avenue, Spokane, WA 99206
6 The Heanng Exaxnmer visited the srte on August 14, 2001
7 A pubhc heanug was held on the proposal on August 15, 2001
8 The reqturements for pubhc notice of heanng were met
9 The vanance apphcahon is exempt from comphance with the State Environmental
Pohcy Act and the County's Loca1 Environmental f3rdinance, pursuant to WAC 197-11-800
(6)(b)
HE Flndings, Conclusions and Decision VE-8-01 Page 1
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10 The Hearmg Examuier heard the apphcahon pursuant to the County Heanng Examiner
Orduiance (County Resolution No 96-0171) and the County Heanng Examuier Rules of
Frocedure (County Resolutton No 96-0294)
11 The Hearmg Examiner takes notice of the County Generahzed Comprehensive Plan,
the County Zonuig Code, the County Zonuig C►rdmance (now expu-ed), other apphcable
development regulations, and land use decisions in the vlcuuty
12 The record includes the docwnents m the project file at the time of the pubhc hearing,
the documents and testtmony subnutted at tb.e pubhc hearuig, and the items taken norice of
by the Hearmg Examaner
13 The followuig persons testifieci at the pubhc heanng
Jason Langbehn Tun Sulzle
Couuty Division of Planrung 11224 East 35" Avenue
1026 West Broadway Spokane, WA 99206
Spokane, WA 99260-0240
14 The subject property is approxunately 9,000 square fe,et in size, somewhat tnangulaz in
shape, and relatively flat in topography An eight (8)-foot wide mobile home located near
the north border of the srte, onented lengthwise from east to west, and was recently removed
from the srte A detached garage located south of the mobde home, situaterl on a 26-foot by
44-foot concrete foundatron, was also removed A new garage is currently being constructed
on the same foundatton, which is located 15 feet from the rear (east) lot line An exishng
asphalt dnveway extends from Nina Circle to the southeast corner and south side of the new
garage that a under construction. An exishng septic tank and drasnfield are located on the
site between the new garage and the mad. An existing shed is located southwest of the new
garage
15 The site plan of record subnutted on Apri127, 2001 illustrates placenaent of a 14-foot
by 66-foot, 1995 model, manufactured home in a sinular locahon to where the previous
mobde home was placed The manufactured home would be placed 17 feet from the east lot
line adjacent to the nght of way for Nuia Cucle, 22 feet from the exishng curb along Nma
Cu-cle, and 10 feet from west property luie of the site
16 The County Artenal Road Plan considers Nma Cucle adjacent to the site as a Loca1
Access road Nma Cu•cle has a vndth of 50 feet adjacent to the site, with the centerline
located ui the nuddle of the nght of way The Artenal Road Plan demgnates Ihshman-Niica
Road to the east as a Pnncipal Artenal, and Eight Avenue to the north as a Muior Artenal
17 The site is zoned Urban Residential-7 ([JR 7) Such zorung was estabushed on
January 1, 1991, pursuant to the Program to Implement the County Zoiung Code Pnor to
such hme, the site was zoned Residential Mobfle Home under the now expued County
Zoning Ordinance
HE Finduigs, Conclusions and Decision VE-8-01 Page 2
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j 18 The requued minimwn front yard setback in the UR 7 zone is 55 feet from the
centerluie of the adjacent nght of way, or 25 feet fram the lot front luie, wluchever distance
is greater The apphcable front yard setback for the site is accorchngly 55 feet from the
centerluie of Nuia Cucle, which equals a distance of 30 feet from the east property line of
the site adjacent to the Nuia Cucle nght of way The requued muumum rear yard setback in
the UR-7 zone is 15 feet from the property line
19 The site and land lyuig north, east and southeast of the site are designated m the Urban
category of the County Generahzed Comprehensive Plan. The site and such surrounduig
land also he uLSide the Aqtufer Sensihve Area, Pnonty Sewer Service Area and Urban
Impact Area designated in the Plan The land lying west and south of the site are designated
in the Rura1 category and he outside the Aquifer Sensihve Area, Prlonty Sewer Service Area
and Urban Impact Area.
20 The site is located uiside the mtenm urban growth area boundanes designated by the
County pursuant to the State Gzowth Management The land lymg west, south and
northwest of the site is locatai outside such boundanes County development regulations
currently prohibrt rezones and divisions of land outside such boundanes that would create
residential densittes greater than one (1) dwelhng uiut per five (5) acres
21 The land lyzng north, east and southeast of the site is zoned UR 7 and is developed
with single-famuly residences, wluch pnmanly consist of manufactured (mobile) homes
The land lyuig south, west and northwest of the site is zoned General Agncultutal (GA),
undeveloped and is part of the Dishman Hills Natural Resource Conservation Area (NRCA)
5uch land is owned by Spokane County and the Dishman Hills Natural Area Association,
which adnunister the NRCA jointly anth the Washington State Department of Natural
Resources
22 The County Cnttcal Areas fish and wildlife conservation map designates Urban
Natural Open Space inmcediately west of the site and the County's IUGA boundanes in the
vicunty The Waslungton State Department of Wildhfe confirmed that the site does not he
wrthm a designated pnonty habitat or species area.
23 The only opposition to the proposal was expressed by the Dishman Hills Natural Area
Association The Association objected to the proposed rear yard vanance, on the basis that
it would mcrease the fire danger associated vnth the adjacent pine forest in the NRCA, and
potenhally result m damaged properiy, mjury or addzhonal removal of old growth forest
See letter dated July 29, 2001 from Nfichael Hamilton. The NRCA was recently cleared of
old growth pine trees for several feet west of the site and adjacent properties to the north and
south, as a result of fire danger concems expressed by restdents ui the Siesta Mobile Home
Park.
24 The 51esta Mobile Home Park Addzhon where the subject property is located was
platted m 1963 Until January 1,1991, when the zoning of such plat was reclassified to the
UR 7 zone, pursuan.t to the Program to Implement the County Zoning Code, a 10-foot
minimum reaz yard setback was apphcable in the plat under the now expired County Zolung
HE Fmdmgs, Conclusions and DecLsion VE-8-41 Page 3
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Orduiance The existing homes in the plat were developed in accordance with a 10-foot rear
yard setback
25 The County Zorung Code authorszes the Counfiy Divmon of Plammng to
adnunistrabvely approve a 100/o devlatlon to any mznunum yard setback reqwrement m any
zone This would allow the apphcant to install the proposed manufactured home 13 5 feet
from the rear lot luie of the srte
26 The Examiner's site visit indicated that the westerly five (S) feet of the proposed
manufactured home is located in a dishubed area where the removed mobile home appears
to have previously been located. The 10-foot area. between the west property luie of the
subject property and the west end of the proposed home, when placed on the site, Ls
currently clear of shrubs or trees that would increase the fire hazard presented by the
proxmnty of the srte to the NRCA.
27 Spokane Counfy Fue District 1 commented that it had no objechon to the proposed
vanance
28 To reduce the fire hazazd, the Exauuner has unposed a condihon of approval restncting
the apphcan.t from installing any accessory structures between the manufactured home and
the west property luie, and requinng the apphcaut to keep the area between the home and the
west property lute free of shrubs or trees that would increase the fire hazard resultrng from
the proximuty of the site to the NRCA.
29 The shape of the srte, and the location of elnsting unprovements on the site, present
special circumstances such that sfnct apphcahon of the front yard and rear yazd setback
reqwrements of the UR 7 zone creates pra.chcal difficulhes and depnves the property of the
abihty to install a smgle-faBUly residence, a pnvilege and nght available to other lots in the
vicuuty and zoned UR 7
30 The Staff Report references perbnent pohcies of the Urban category of the
Comprehensive Plan. The Urban category also recommends that buffermg andior
landscapmg be used to mutigate the differences between proposed developments and elusting
uses See Decision Guideluie 15 1
31 The Transportahon section of the Comprehensive Plan contains the Artenal Road Plan
(ARP) and pohcies related to county roads and the approval of development along county
roads The ARP is unplemented through adopted aztenal road plan maps, adapted road
standards, and the County's Six-Yeaz Capital Improvement Plan Comprehensive Plan, p
261
32 The Transportation section of the Comprehensive Plan states that proposed
development may be requined to dedicate needed nght of way, or to vviden, or assist in
widening, exrshng transportatton facihties, all in accordance vvith estabhshed road design
cntena and off'icial maps Decision Guidelme 21 17
HE Findtngs, Conclusions and Decision VE-8-01 Page 4
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~ 33 The Transportation section of the Comprehensive Plan states that the pnmary fimction
of Loca1 Access roads is to provide access to adjacent property aad dehver traffic to
artenals Such roads are to be designed and located to provide convenient access to
residentiallots, discourage flows of tcaffic through a neighborhood, and encourage
continuous or unobstructed flow of traffic from a neighborhood to a nmghborhood Collector
Artenal See Comprehensive Plan, p 247 and 260, and Decimon Gwdeline 213 3
34 The Staff Report adequately analyzes the consistency of the vanance proposal vvith the
vanance cntena contained in Chapter 14 404 of the County Zomng Code, and the UR-7
zone The Examiner hereby adopts and mcorporates auch analysis hereui as finduigs of fact
herein
Based on the above findings of fact, the Heanng Examaner enters the followuig
II CONCLUSIONS OF LAW
1 Because of special cucumstances apphcable to the property, stnct apphcahon of the
front yard and rear setback reqwrements of Zoiung Code 14 618 325 (1) creates practtcal
dlfficulhes and depnves the properiy of nghts and pnvileges enjoyed by other properties zn
the vicuuty and smnilarly zoned.
2 As conditioned, granting of the vanance will nerther be detnmental to the pubhc
welfare nor injunous to the property or unprovements m tlie vicuuty and the UR 7 zone in
wluch the site is located
3 The proposal, as conditianed, generally conform.s to the Comprehenslve Plan.
4 The proposal, aside from the requested vanances, comphes wnth the UR-7 zone and
other apphcable development regulahons
5 Approval of the vanance apphcation, as condihoned, is appropnate under secaon 11 of
the County Hearmg Examiner 4rdinance, adopted by County Resoluhon No 96-0171
III DECISION
Based on the Findmgs of Fact and Conclusions of Law stated above, the apphcarion
for a vanance from the front yard and rear yazd setback reqwrements of the Urban
Residential ?(UR 7) zone, for placement of a manufactured (mobile) home is hereby
approved subject to the condltions of approval usted below
Any condihons of pubuc agencies that have been added to or significantly revised aze
ttUl1CiZP.d
Failure to comply with the condirions of ttus approval may resalt in suspension or
revocation of the vanance by the Hearmg Exammer
HE Fmduigs, Conclusions and Decision VE-8-01 Page 5
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SPUKANE COUNTY DIVISION OF PLANNING
1 All cvnchhons nnposed by the Heanng Exammer shall be bmchng on the "Apphcanf
wluch teim sha11 lnclude the owners, develapers and users of the praperiy, and theu heirs,
assigns and successors
2 The vanance apphes to the foliowmg real property A11 of Lot 12, and the
Northwesterly '/Z of Lot 13, Block 1, Siesta Ma►bile Park Adchtion, per plat recorded at Book
7f page 79 of Plats, Spokane County Audttor, m Spokane Counfiy, WaslllI1gttJ21. The
propezty ls cunen.tly referenced as County Assessor's Tax Parcel No 45203 0135
3 The pmposal shall comply Rnth the Urban Resxciential-7 (UIt 7) zone, the Aquifer
Sensitive Overlay Zone, and other applicable Spa►kane County Zomng Code chapters, as
amended
4 The apphcaut shall develop the proposal in substantial conformance Rnth the srte plan
of reccsrd submutted an Apn1. 27, 2001, subject to comphance with the conditions of apprnval
and develap►ment regulations The proposed manufcacduured (mobzle) hvme shall be placed no
closer than 17 feet from the,front lot lrne and 10 feet from the rear lot lane All aspects of
the concept and proposal shall be bindmg on the develvgment, includvn.g the proposel use
5 The Due+ctor of the Division of Planuungldesignee may admunstr-&vely approve muavr
vanaUtms to the site plan„ pravided all conditions of agprovat and regulatory standards arce
met Any other mochf'ication must be presented ta the Heanng Exaam~~.er for review and
agpmval at a pubhc hesrmg
6 1Vv accessvey structures shall he canstructed or placed between the munu, factured
(mobYde) home and the west property Itne T'he area between the rnanufactured hnme and
the west property dine shald be kept free of aray vegetativn that wr3uld xncnease the,}``ire huzrxrd
presenred by the proxamiiy of the site to the Dashman Halls Naturul Resource Coraservatron
Area
7 The Division of P1Rniung shall preprare and record with the Spokane County Auditor a
Title Noiice, notmg t1aat tlie 1moPerty m question is subject to a vanety of special condrfzons
unpased as a result of tlus apgroval TIus Trtle Notice shall serve as pubhc nohce of the
conchtions of approval aff'ectag the properiy m questian.. The T1tle Notice sha.llll be recorded
withm the same time fr-ame as allowed for an appeal and sha.ll only be released, in full or m
part, by the Ihvnion of P1anmng The Title Notice shall generrally provide as follows
"The parceT of properiy Zegally descnbed as [legal descr:ptxon] ls the sub,~ect of a land
use action by the Spokane Counfiy Hearuig Examiner on Clctober 4, 2401, unposmg a variety
of special development condltions Ffle Number VE-8-01 is avaulable for uispectaon and
copymg ~.n the SpQkane Caunty Dkvision of Plaaaning "
HE FuidlnYgs,, CoD.cIUSiOris aI1d DeclslOri VE-8-01 Page 6
SPOKANE COiJINTY DIVISION OF BUII.DING AND CODE ENFORCEMENT
1 The apphcant should contact the Ihvision of Builduig and Code Enforcement at the
earhest possible stage m order to be informed of code requirements a~dinuustered/enforced as
authonzed by the State Builduig Code Act Design/development concerns include
addressing, fire apparatus access roads, fire hydrant flow, approved water systems, buslding
accessiblhty, construction type, occupancy classificabon, existing extenor wall protection
and energy code requurements
SPOKANE COUNTY DIVISION OF ENGINEERING AND ROADS
Prior to release of a bnffding permit or ase of property ss proposed
1 The apphcant is advised that an approach permit must be obtamed :6rom the Spokane
County Engineer Department pnor to the construchon of any new dnveway approaches
Tlus must be done pnor to the release of a buildzng pennit
2 The regulations of the National Flood Insurance Program shall be observeci, smce the
subject property is affected by a flood hazard zone A development pen~cut must be obtasned
from the Spokane County Engineer before construcrion or development begins anthan any
area of special flood hazard, pursuant to chapter 3 20 of the Spokane County Code as
amended
3 The apphcant is advised that there may exist uhlihes either underground or overhead
effectmg the apphcant's property, includuig property to be dechcated or set aside future
acqwsihon. Spokane County will assume no financial obhgation for adjustments or
relocation regarding these utthties The apphcant shouid contact the apphcable utilities
regarding responsibthty for adjustment or relocation costs and to make arrangements for any
necessary work.
HE Finduigs, Conclusions and Decimon VE-$-01 Page 7
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DATED tlus 4th day of October, 2001
SPOX;ANE COUNTY HEARING E R
l [
Mchael C Dempsey, WSBA #8235
NOTICE OF FINAL DECISION AND NOTICE OF RIGHT TO APPE.AL,
Pursuant to Spokane County Resolution No 96-0171, the decision of the Hearmg
Examiner on an apphcatlon for a vanance is fmal and conclusive unless vvithin twenty-one (21)
calendar days from the issuance of the Examiner's decmon, a pariy wrth standuig files a land
use petition ui supenor court pursuant to chapter 36 70C RCW Pursuaut to chapter 36 70C
RCW, the date of issuance of the Heanng Exaznmer's decmon is three (3) days after rt is
mailed
This Decision was mailed by Certified Masl to the Apphcant and by first class mail to
other parties of record on October 4, 2001 The date of issuance of the Heanng Examiner's
decLSion is therefore October 8, 2001, countmg to the next business day when the last day for
mallvag falls on a weekend or holiday THE LAST DAY FOR APPEAL OF TffiS
DECISIDN TO SUPERIOR COURT BY LAND USE PETITION IS OCTOBER 29,
2001
The complete record in tlus matter, mcludulg ttus decision, is on file dunng the appeal
penod vnth the Office of the Heanng Examiner, Third Floor, Pubhc Works Btulding, 1026
West Broadway Avenue, Spokane, Washington, 99260-0245 The file may be inspected dunng
normal working hotns, listed as Monday - Fnday of each week, except hohdays, between the
hours of 8 30 a.m and 5 00 p.m Copies of the documents in the record will 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 notvnthstanduig any program of revaluahon.
HE Fmdmgs, Concluslons and Decision VE-8-01 Page 8
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~~~-u;e~t s~,«, ~~t~~-e ENGINEER'S REVIEV~' SHEET
As Built Plans Reccived Variance H ile vF,-U008-O ~
Road P1ans Approved Companian Files:
Ne~~~ Road Stan~lar~ls ~-15-95 (~9~lar u.
- Itelated File~:
Hearing: 08/15/2001 10:30 l3uilding Dept:
Technical Iteview: 1~ I-larvara R~ l'lan , En~> >pccial l:er~
Preliminary Review: 05/18/2001 Type: Scheduled Por U Large Lot Bl~g. Square Fe~t
Date Received: 05/04/2001 N~ Lnts: No .lcres: ~ 1
4~ ~
Project Name FT & I2EAR YD SETBACK 17' & 10' CODE ~5' & 1~' ~1FG HOME
Site Address N. lOT!-{, W. DISI-II~tAN, S. NINC, L. YARIC, NMA S. 9'-3
Applicant (tan~i-1'~,«nshii~-<<ctic,n - - _'(i f':~R(~F:L(S): ~;irst ?rl1
Timothy J& Sharon K Sulrle Conditions Mailed: ~ C~~M~ 45203.01 i;
~lood Zone Yes
1 1?2~ E. 35th Water Suurce Public
Sf'OKANE, WA 992U6- Sewer Source
Phone (~09) 928-3G 18 (~09) 953-2G71 School Dist 356
Fire Dist 1
Phone Dist
Owner
Timothy J& Sharon K Sulrle
11'?~11~ ?~tl~
SP(?K_\'~I~, ~1`;~ ~i'~?i~(~-
i~i.~ „ - I:, : _ 'I
t „ -,(ili r ~ i `:l ~ i~ I 1 j i l-•~i ~i ~ 11:\){~1
~iuif~lin; , , l'~snnni~ •l : _ 1 n~~int.~~ -t,---~ L~ontact i3ii I:1~_~,ti L:1i 151 I I;v ~,'~~nt:~.. ~i_
Date Submitted Descri~tion ~ lniti.~(~
Eng Necd Technically Complete Eng Need Harvard 1Zd Mitig~ti~
F..ng Need Drainage Plans Eng Nced Trat7ic Analysi~ ! ~ ~ ; ~
Eng Agree Pay Fees Receivcd Eng Final Plat Fees Comhl:
Lng Agree Priority Fees Received OS/02i2O01 Eng Prelim Plat Fees Complr~: :
/ ~ NOhCe tCl l~:ll`if~ ,'.iil,!~~~ ;i~; l~',l';711~_ , j , {i i. ,,1f11~1~~ll~l~ - i~i~ 1~ , . . i,~.1
i
{~lil_Il ~)l\1':fllllfl ~1::i1'.1Ij11-:11.i1'7
~ , - l i ~ l - -
~ ~ i r /
/ / ~ / / / ~^(l yU311t1~'S ~Of
! ~ draina~e item calculale~!
f~iearing Date Decision App Den Cond Apptd 8('i
Appealed to BCC Decision App Den Cond Appl~i ~'~~~~n
~~j~E?C:llr~l i~~ l~~::rl I~r~l~~~~tt I)rit l.~?t1~i \~~~~1~1
~ ~ ~(~I„pc~ \1~ i3I': lC? ~C~ICi:if` (~~ltl~{~" ~
/ ; St.~r,~E~:~l [.ut C'l:in, t,: ~~~r,t:,r~ (ti_~~i~;~ )
' t
PrQject status Accive ENGINEER"S REVIE'W SHEET
As Built Plans Rzeeived Var1aIIC@ F1lC VIE•-000Q-01 -ot
itoad Plans Agproved
Coinpanion Fiies:
New Rcsad Standarc3s >-1S-{)ti Nltirlor
Related fiiles:
Elearing; I3uiiding t)ept:
1'cchn:cal Rcview: -
l=j t-[arvarci Rd Plan
F'rc:lirninary Rev"sew: 05/18f24101 Ty~+e: Scheduied ~'or
dat~ Rec~ived: 05/0~f24~! ~ Large Lot alc~g. Square ~=eet
No. Lats: No. Acres: 0.21
Praject Nan-ie FT &REAR YU SETBACK I7' & 10' C+(3DE 25' & 15' MFG HOME
Satie tSddress N. 1CfTH, W. DiSHMAN, S. NINE, C. 1'r"S CtK, NINA S. 924
Applirani Range-TownsErtip-Sectio3i: 44 - 25 -20 PARCE'L(S): (tirsi 20)
Timocl3y J& Sharon IC Sulzie Conclitions Mailed: 5h 00 4S2fl3.Ql 3S
Fiootl2nne Yes -
11224 C. 35th W'ater Source F'ubiic
SPOK:ANE,WA 99246- Sewer Sauecc
Phane (509) 928-3618 (509) 953-2679 5chool []ist 356
r►re aist t
f'hane Dist
Owner
Tipnothy J 8c Sharon K Sulzle
11224 T. _?jdli
SPt3KANE, WA 99206-
Pltone (509) 428-3638 (509) 953-4671
F3uilding 477-3675 IPlanning 477-7200 /Engineer 477-36410 Contact QlP JASON LANGBEliN Gontaet En~ SC()TTi ENGEI;HAR.D
Date Subiiutted Description Iuitials
Cng Neeci Technica[ly Gomplete Eng Nceci Harvarc3 Rd Micigatian
Cng Ncesi Drainage Plans Eng Need Tra3Tic Ana[ysis Eng Ne.ed Clther
Eng Agrce Pay Fces iic:ceived Cng f anal Plat Fees Compleced
Cupy t~.~ Acc4unting
Eng Agree Prioriry Fees Receiw•ed 05f02/2001 Eng Prelim Plat f'ees Coanpleted
Noidce to Fu'btic J Natiee to f'ub4ic # 1 3 4 b Completed - or Nceds to be signec# ~
Desmgn Deviatian Dates (In-Uut)
1 I l l / l 1 I 1 f n qL,ar►ties far '
cirainage iteni calcuiated
f4carin~ I)ate L)ecision A,~p C~en Cond Appld ~3CC
Appe-a{ed to BCC I)ecision App Uen C'onci Appld Court
Appealed to Gourt Decasion App Den Corad Applcl
Statnpeci Mylars to Secretary (Sandy)
I
Ssarnped 208 Lot PIans to Sc;cretary (Sandy) I
.
. . .
~ STAFF REPORT TO THE HEARING EXAMINER
ii
FILE VE-8-01
zz
DIVISION OF PLANNING
SPOKAT~ COUWY
HEARING DATE: August 15, 2001 @ 10:30 a.m. FILE VE-8-01
PROJECT PLANNER: Jason Langbehn, Associate Planner
PROJECT DESCRIPTION: Variance request to al low a front yard setback of seventeen (17) feet and a
rear yard setback of ten (10) feet in the existing Urban Residential - 7
(UR-7) zone; whereas, Section 14.618.325 (1) &(4) of the Spokane
County Zoning Code requires a minimum front yard setback of fifty-five
(55) feet from the centerline of the roadway right-of-way and a minimum
fifteen (15) foot setback from the rear yard property line.
Project Data:
Project Location: The subject property is generally located in the SW'/, of
Section 20, Township 25 N., Range 44 E.W.M, Spokane
County, WA. The site address is 924 East Nina Circle.
Parcel Number: 45203.0135 Owner/Applicant: Tim Sulzle
11224 East 35' Ave.
Spokane, WA 99206
(509) 953-2671
Comprehensive Plan Designatian: Urban
Zoning: Urban Residential - 7 (UR-7)
Existing Land Use: A septic tank and drainfield are located on-site, and a
garage is currently being constructed on an existing 26' X
44' foundation.
Surrounding Zoning and Land Uses:
• North: Zoning to the north of the site consists of Urban
Residential - 7(UR-7), established in 1991, previously
classified as Residential Mobile Home Zone (RNII-I) in I
1970 (ZE-13-70). Land use to the north of the site is
single-family residential.
• South: Zoning to the south of the site is General Agricultural ~
(GA), established in 1991, previously classified as
Agricultural (A) in 1959 (ZE-16-59). Land use to the
south of the site is single family residential and the
Dishman Hills Natural Area.
• East: Zoning to the east of the site is Urban Residential - 7(UR-
7), established in 1991, previously classified as Residential
Mobile Home Zone (RMH) in 1970 (ZE-13-70). Land use ,
to the east of the site is sin&le-family residential.
• West: Zoning to the west of the site is General Agicultural (GA)
established in 1991, previously classified as Agricultural
(A) in 1959 (ZE-16-59). Land use to the west of the site is
the Dishman Hills Natwal Area.
VE-8-01
Staff Report - August, 2001 Hearing
1 of 6
1 \ Known Land Use Proposals and Recent There have been no recent land use actions in the
Project Approvals in the Area of this surrounding area.
ProPosal:
Land Division Status: The subject property consists of one tax parcel of record,
or all of Lot 12, and the northwesterly '/Z of Lot 13, Block
l, of Siesta Mobile Park Addition.
WaterPurveyor: The site is served by Spokane County Water District #3.
Sewage Disposal: The site is served by an existing private septic system and
drainfield.
Nearest Arterial and Distance: Nina Court, a county local access road with a 50' right-of-
way width, currently accesses the site. The nearest arterial
is Dishman Mica, a Collector Arterial, located
approximately 750 feet east of the subject site.
Neighborhood Association: Iviica View Landowners Association
• This proposal is located within the Interim Urban Growth Area (IUGA).
• This proposai is not located within 1000' of a Natural Resource Land.
• This proposal is located within the Urban Impact Area (UTA).
• This proposal is located within a Public Transit Benefit Area (PTBA)
GMA/Critical Areas
Aquifer Rec6arge Area . The subject property is located within the
Priority Sewer Service Area (PSSA) and the
Aquifer Sensitive Area (ASA) Overlay zone. I
Fish & Wildlife Habitat Conservation Areas Spokane County Critical Area Maps identify
Urban Natural Open Space associated with the
subject site; however, the Washington State
Department of Fish and Wildlife has provided a
comment stating that the proposal does not lie
within a mapped priority habitat or species area.
Ftoodplain Spokane County Flood Plain Maps identify that
the subject site is located within a 100-year
floodptain.
Geologically Hazardous Areas None illustrated on the Spokane County Critical
Areas Maps.
Wettands None illustrated on the Spokane County Critical
Areas Maps.
Nearest Park The Dishman Hills Natural Area is located
adjacent to the subject proposal.
SEPA
This application is a minor land use action, and is categorically exempt from the State Environmental Policy
Act. See WAC 197- I 1-800 (6) (b).
Noticing
Published: The proposal was published in the Legal Notice section of the Spokesman Review on July 27,
2001.
Mailing Deadline: The deadline for notifying property owners/taxpayers of land within 400 feet of the
proposal was July 30, 2001.
1724 Compliance Dates
Application Accepted (Counter Complete): Apri127, 2001
Technically Complete / Determination of Completeness issued: May 30, 2001
VE-8-01 I
Staff Repon - August, 2001 Hesring
2 of 6
I
! Date Notice of Decision is Due: September 27, 2001
ReviewingAgencies
Thirteen (13) agencies were notified on May 4, 2001, and July 18 2001. Comments were due on May 18, 2001, and
August 1, 2001.
Agencies Notified Response Date ~ Agencies Notified Response Date Received Recerved Recerved Recerved
Spokane County Division of Yes 5/18/01 & Fire District #1 Yes 5/22/01
Engineering, Transportation 7/ 18/O 1
Spokane County Division of Yes 5/17/01 ; Spokane County Water No
Engineering, Development District No. 3
Services
Spokane County Division of No Spokane Regional Health Yes 5/23/01 &
Utilities District 5/25/01
Spokane County Division of Yes 5/22/01 . Spokane County Division Yes
Utilities, Stormwater Utility ~ of Building and Code
~ Enforcement
Central Valley School Yes 3/15/01 Spokane County Parks No
District No. 356 ' Department
Washington State No Dishman Hills Natural Yes 7/31/01
Department of Natural : Area Association
Resources
Washington State Yes 8/8/01 ;
Departrnent of Fish and _
Wildlife ~
,
Agency Comments:
Agency comments received are in the form of recommended conditions of approval.
Responses from t6e Public:
No public comments have been received for the proposed variance.
Description of the Site:
The subject property is approximately 9,000 square feet in size, and is accessed by Nina Circle. Nina Circle, is
designated a county local access road with a SO' right-of-way width. The site is served by an asphalt driveway, private
septic system and drainfield. A garage is currently being constructed on an existing 26' X 44' foundation: The
topography of the site is generally flat.
Background:
The application was submitted to the Division of Planning on Apri127, 2001. The application was determined to be
"Technically Complete" on May 30, 2001, and a Notice of Application was circulated to all property owners within
400 feet of the subject property on May 30, 2001.
Spokane County Critical areas maps identify the site as being within an Urban Natural Open Space area. Section
11.20.060 (D) of the Spokane County Critical Areas Ordinance states that a Habitat Management Plan will be
required, for development that will have a significant impact on habitat areas, based upon a consultation with the
Washington State Department of Fish and Wildlife. The Department of Fish and Wildlife was sent notification of the
proposal. A comment was received on August 8, 2001 stating: "that the proposal does not lie within a mapped priority
habitat or species area; therefore, the Department will not request mitigation or a Habitat Management Plan for this
proposal." ,
The subject proposal is located adjacent to the Dishman Hills Natural Area. Michael Hamilton, the president of the
Dishman Hills Natural Area Association, has provided a comment that recommends that the front yard setback be
further reduced in an effort to maintain the existing rear yard setback requirement of 15' to reduce the risk of windfall
and forest fires.
VE-8-01
Staff Report - August, 2001 Hearing
3 of 6
Comprehensive Plan:
The subject property is located within the Urban category of the Spokane County Comprehensive Plan. The Urban
category is intended to provide the opportunity for the development of a"citylike" environment with various land
uses, intensive residential development, and public facilities and services.
Since Urban areas will be the most intensely developed of all the categories, it is primarily a residential category of
single-family, two-family, multifamily, and condominium buildings along with neighborhood commercial, light
industrial, and public and recreational facilities.
Objective l.la and Decuion Cuideline 1.1.1 promote fill-in within established developed areas and existing outlying
communities with access to a full line of public facilities and services. Decision Cuideliaes 1.3.1, 1.3.2, and 1.4.3 state that proposed urban development should be designed to benefit,
accommodate and complement environmental conditions; in particular, unique and fragile environmental features and
wildlife areas.
As conditioned, the proposal is generally consistent with the Goals, Objectives and Decision Guidelines of the Urban
category of the Comprehensive Plan.
Zoninq_
The subject property is located within the Urban Residential-7 (L1R-7) zone. The purpose and intent of the Urban
Residential-7 (UR-7) zone is to set standards for the orderly development of residential property in a manner that
provides a desirable living environment that is compatible with surrounding land uses and assures the protection of
property values.lfie Urban Residential - 7(LJR-7) zone implements the medium density range of the Urban category
of the Comprehensive Plan, with areas typified by single-family dwellings on small lots, duplexes, low density
apartments and manufactured home parks.
With the exception of the requested variance, the site plan of record is generally consistent with the development
standards of the Urban Residential-7 (UR-7) zone.
Zoning within the general area of the site includes: Urban Residential - 7(UR-7), General Agricultural (GA), Urban
Residential - 22 (UR-22) and Urban Residential - 3.5 (LJR 3.5).
Project Description:
The subject site is located within the existing Urban Residential - 7(LJR-7) zone. The subject site is approximately
9000 square feet in size, which is larger than the minimum lot size of 6000 square feet required for single-family
residential development in the existing Urban Residential - 7(LJR-7) zone. Section 14.618.325 (1) &(4a) of the
Spokane County Zoning Code requires a minimum front yard setback of fifty-five (55) feet from the centerline of the
right-of-way and a minimum rear yard setback of (15) feet. The applicant has requested a variance from these
dimensional standards to allow ttle placement of a Manufactured Home forty two (42) feet from the centerline of the
right-of-way and (10) feet from the rear property line. With the exception of the requested variance, the site plan of
record is consistent with the development standards of the Urban Residential - 7(UR-7) zone.
Site Plan:
The site plan of record illustrates the subject parcel and the proposed location of a 14' X 66' Manufactured Home. The
site plan of record illustrates a foundation for a 26'X 44' garage (currently under construction), an asphalt driveway
and a septic tank/drainfield. The site plan of record identifies a proposed reduced setback of seventeen (17) feet from
the front property line and a proposed reduced rear yard setback of ten (10) feet from the rear property line.
Staff Aaalysis:
Section 14.404.081 of the Zoning Code recognizes that circumstances may exist such that strict application of the
Zoning Code may cause practical difficulties regarding the use of the property. Upon demonstration to the Hearing
Examiner by the property owner of circumstances, which create practical difficulties, the Hearing Examiner may grant
a variance from the provisions of the Zoning Code.
In order for a variance request to receive approval, compliance with Section 14.404.082(1-3) of the Spokane County
Zoning Code must be demonstrated by the applicant. Any variance from the terms of the Zoning Code shall be
VE-8-01
Staff Report - August, 2001 Hearing
4 of 6
Y ,
subject to those canditivns specificaily identified in 5ectian 14.404.4$2 (1 a& b). Anatysis of the propasal with
regarcis tn Sectian 14.404.082 (i a& b) is as follows:
Response to 14.404.082(la): `Ihe appiicant has stated that the parcel is irregularly (pie) shaped, and partially
developed, which precludes placing the manufactured home in an altematjve location. In additi4n, the praposed site
offers direct access ta the existing septic tie and domestic water hook-up.
Res,pvrtse to 14.4II4.1182(lh): The applicant has responded to questian D on the Variance Burden of Proof form by
stating that the proposed variance will not be harmful to the public welfare +or to other praperties in the vicinity and
similar zone ciassificacion.
The intlowing anaiysis of Section 14.404.082(2 & 3), white no# t@ be cansidered as sale substantiatian, shall he
considered in the granting of a variance:
Response l014.404.082(Zrr); Strici application of the Zoning Code standards may create an unreasonable burden vn
the applicant, in that the physrcal l'rmitations on site limit the area in which the propased structure may be placed. The
applicant is proposing a manufactured home with a building fvotprint that is approximately 924 square feet in size,
compatible with the existing develvpment located in the surrvunding area.
Response #o I4.404.082(2b): Relaacation of the front and rear yard setbacks will not ailow a mvre environmentally
sensi#iwe, energy canserving design ar resuit in the adaptiwe reuse v#'a historic prop+erty.
Response to I4.404.118Z(2c): A broader community need will nvt be senred by the granting of this variance request.
Response ta I4.404 G►82(3Q); The granting of the variance wiH nat be based upan a precedent estabiished by illegal or
non-canfvnming circumstances.
Response to 14.404.482(3h): No precederat will be established which will advecsely effect the zoning eancept far the
+existing neighhoncood or the Cvuniy as a whole. Similar lots Ivcated within the Siesta Mobile Park Addition appear to
harre structures loGated within the required sethacks of the Urban Residential - 7(LTR-7) zone.
Resporrse tn I4.404.082(3e): The applicant has stated an the Variance Burden of Proof form that the variaace is naf
based upan lack of a reasanable econamic retum.
Response to 14.4'04.(!82(3d): The Ciaals, Ob}ectives and Decision Guidelines of the Urban category of the
C+nmprehensive Plan d+o not specifically ad+dress Watiance requests. Howewer, the prapased variance is not inconsistent
with the purpose and intent afthe ComprehensiVe Plan, as the Urban category is intended tv be prirnarily a residential
land use ca#egory.
Res,porrse ta 14.404.082(3e): The practical difficulties rclated tv the property existed when the applicant purchased
the property. 'I'he applicant has indicated that a 50' mvbile home that met the current setback requirernents of the zone
was previousiy tocated on-site; however, it had to be removed because of the age of the structure and current condition
it was in. In addition, the applieant has stated that a mobile home of around SU' cauld accomrriodate tfie existing
setback requirements of the zcme; however, the only SQ' mobiles available are very old and do not meei code
requirements for plumbing, elec#ricity and insulation.
Response to 14.404.082(3f); The proposed ►rariance fvr the placement of a IVlanufactured Home will not result En a de
facto zone reclassificatian. The existing L1'rban Residential - 7(UR-7) zvne allvws Manufactuced Homes, and the
Urban Category of the Comprehensive pian encourages fi1l-in within established developmenf areas and existing
nutlying communities.
Response to 14.404.0$2(3g): The praposal is not for the purpose of circumventing density reguiation5 designed tQ
pr4tect groundwater.
Summary: 'rhe requestcd variance frvm che front and rear yard setback standards of Section 14.618.325 (1) &(4) of
the Zoning Cc>de is generally based vn sp+eeial circumstances applicable tv the property including existing
development and shape of the parcel. Strict applicatian of the 2oning C4de setback standards do appear to generally
VE-8-01
Staff Repart - August, 2001 Hearing .
5 of 6
- - ~
create an unreasonable burden on the applicant. Similar structures in the vicinity of the proposal appear to have
setbacks that do not meet the existing requirements of the Urban Residential - 7(UR-7) zone.
Attachments:
A. Maps
• Vicinity Map
• Site Plan
• Zoning Map
• Comprehensive Plan Map
B. Conditions of Approval
C. Agency and Public Comments
VE-8-01
Staff Report - August, 2001 Hearing .
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V E-0 8-01
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Scale :1 inch - 833 ft (rounded) 05/30J01 Comprehensive Land Use Plan .
Subject Property within IUGA. A." Subject Property within UTA.
Subject Property within PSSA. Subject Property within ItSA.
A7TACHMENT B
RECOMMENDED
CONDITIONS OF APPROVAL
I
~ RECOMMENDED CONDITI4NS
1I FO R V E-8-01
~
~
DIVISION OF PL4NNING
SPOKAPsT COUINkTY
1. All conditions imposed by the Hearing Examiner shall be binding on the "Appiicant", which
term shall include the owner or owners of the property, heirs, assigns and successors.
2. The variance applies to the following real property: all of Lot 12, and the Northwesterly'/z
of Lot 13, Block 1, Siesta Mobile Park Addition, in the Southwest %4 of Section 20,
Township 25 N., Range 44 EWM, Spokane County, WA. Assessor's Tax Parcel No.
45203.0135.
3. The proposal shall comply with the Urban Residential - 7(UR-7) zone, the Aquifer
Sensitive Overlay Zone, and other applicable Spokane County Zoning Code chapters, as
amended.
4. The applicant shall develop the proposal in substantial conformance with the site plan of
record submitted on April 27, 2001, subject to compliance with the conditions of approval
and development regulations. All aspects of the concept and proposal shall be binding on
the development, including the proposed use. Minor variations, to be approved by the
Director of the Division of Planning/designee, shall only be allowed to meet regulatory
standards and conditions of approval. Any other modification must be presented to the
Hearing Examiner for review and approval.
5. 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 this approval. This Title Notice shall serve as public notice of the
conditions of approval affecting the property in question. The Title Notice shall 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 [legal description] is the subject of a land use
action by the Spokane County Hearing Examiner on August 15, 2001, imposing a variety
of special development conditions. File Number VE-8-01 is available for inspection and
copying in the Spokane County Division of Planning."
VE-8-01 August 15, 2001 Public Hearing -
Dlvision of Planning Reoommended Conditfons
/
ATTACHMENT C
AGENCY AND PUBLIC COMMENTS
Langbehn, Jason
From: Jeff Azerrad [azerrjma@dfw.wa.gov]
Sent: Wednesday, August 08, 2001 10:32 AM
To: Langbehn,Jason
Cc: Kevin Robinette
Subject: Re: RE: Variance Request VE-12-01
Dear Mr. Langbehn:
Re: Variance request adjacent to Dishman Hilis N.A.
After eartier reviewing the variance request for VE-08-01, the Washington Department of Fish and Wildlife determined that
this proposed project does not lie within a mapped priority habitat or species area. Therefore, the Department would not
request mitigation or a habitat management plan for this project.
Thank you for the opportunity to comment on this project proposal. If you have any question please do not hesitate to call
me at 456-4079.
Sincerely,
Jeff Azerrad
cc: Kevin Robinette
8-8-2001
Dear Mr. Azerrad:
RE: Variance Request VE-8-01
On July 27, 2001 I sent a memo to the Washington State Department of Fish and
Wildlife requesting comments on a proposed variance that will be heard before
the Spokane County Hearing Examiner on Wednesday of next week.
The proposal is located ad'acent to the Dishman Hills Natural Area in an area
identifed as Urban Natura~ Space on our critical areas maps. The examiner
usually requests to see confirmation that WSDFW has had a chance to look at all
proposals possibly located in a critical area.
Could you send a memo through E-mail to let me know you have seen it and do not
have any comments/concems?
Phone: 477-7196
Sincerely,
Jason Langbehn
Jeff Azerrad, Habitat Biologist
Washington Department of Fish and Wildlife
8702 N. Division St.
Spokane, WA 99218
E-mail: azerrjma@dfw.wa.gov ;Phone: 509-456-4079
Fax: 509-456-4071
1
• . , . ~ ' , - '
~ NATURAL AREA ASSOCIATIQN 3415 S. LINCOLN DRIVE • SPOKANE, WA 99203 • $09 747-8147
July 29, 2001 RECEIVED
, . SPOKANE COUNTY
Jason Langbehn Spokane Co. Division of Pianning ' , • .1111 3 1?001
1026 W. Broadway • Spokane, WA 99260 DIVI~~~~ PLANN1NG , I
Dear Mr I,anebehn: The following coinments are in relation to File No. VE-08-01. I.represent the Dishman
Hills Association, a non-profit organization that co-manages and co-owns the Dishman Hills
Natural Area that is adjacent to this property on the west. We are opposed to the part of the
variance request that allows a reduction of setback on the rear yard to 10 feet from 15 feet for the
following reason. The community homeowners association of this area in the last few years has petitioned
the County Coinmissioners, County Parks and Recreation, and the Dishman Hills Association to
increase the separation between the community's homes and the forest of the Natural Atea to the - west, in order to reduce the danger of windfall and forest fire. We complied by clearing rrees and
underbrus'h behind the homes. We removed some very fine old,growth ponderosa pines in . respect to the community homeowners who claimed that the distance between their homes and ^
the forest was a significant ,health and safety issue. It was a particular concem -that no hazard
. trees were within falling distance of any homes and this project incorporated the setback as part
.
of the determination 'of which trees where to be removed. We are concerned that if code rules are
suspended here for the rear'yard setback, the hazard tree/forest fire safety issue will resurface
resulting in damaged property, inj ury, or the removal of more of the forest. -We suggest that the front yard distance is fi.uther reduced to maintain the backyard
setback.
, ~ .
Sincerely ,
' . . • -
, ~Michael Hamilton
- : President, Dishman Hills AssociaZion _
~ .
,
"What We Save In The Next Few Years Is All That Will Ever Be Saved" A. Morgan
► .
,
~ SPOKANE COL;iN'I"Y DIVISION OF BUII.,DING & CODE ENFORCEMENT
:a
1026 WEST BROADWAY AVENUE
~ SPOKANE, WA 99260
N a~ ~ 509 -477-3 675
SPO
cAjKly
Recommended Conditions
File Number: VE-08-01
Front & rear yard variance - 924 E Nina
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.
4.
Commm-ul Footing k founJauun Pcrmit Agrement 02/06/00
OFFICE OF THE SPOKANE COUNTY ENGINEER
1026 W Broadway Ave, Spokane, WA 99260-0170 (509)477-3600 Fax (509)477-2243
~
SrcC'.cxNn- i c '
ENGINEER'S CONDITIONS OF APPROVAL„ VARIANCE
TO: Spokane County Planning Department Q
FROM: Division of Engineering & Roads
DATE: May 18, 2001
PROJECT: FR & REAR YD SETBACK 17" & 10" CODE 25" & 15" MFG HOME
FILE VE-0008-01
Hearing @ RECEI~lE"
SPOKANE GaUt~T";
Planner: JASON LANGBEHN
Review Date: 05/18/2001 MAY ~ 10011
Sponsor/Applicant: TIMOTHY SUIZLE
Section Township Range: 20-25-44 DlVISION OF PLANNING
Technical 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. That the regulations of the National Flood Insurance Program be observed since the subject
property is affected by a flood hazard zone. A development permit must be obtained from the
Spokane County Engineer before construction or development begins within any area of special
flood hazard reference Spokane County Ordinance (88-0521).
3. "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 TIMOTHY SUIZLE Enqineer/Surveyor
Planner JASON LANGBEHN
r
p• • County Public Works,
Transportation • - • Section,
1 o • County • g
1 . ' • ADWA • OKA • • . 1 (509) . 1 1
Memo
To: Spokane County Division of Planning
Planner: JASON LANGBEHN
From: Greg Baldwin
s
Subject: VE-0008-01
(FR & REAR YD SETBACK 17" & 10" CODE 25" & 15" MFG HOME)
Applicant: TIMOTHY SUIZLE
Date: July 18, 2001
RE: Variance Review 05/18/2001
Hearing 08/15/2001
We request no additions to the conditions of approval submitted to your office on
May 18, 2001.
. . Z ►
fl t;~• , r ' - -
S P C~ K A N EE C C> U N
DiV[SION UF I'LANNING A DNIStON OF THE PUt3L[C WORKS DEPARTMEM'
MICHAEL. V. NEF.DHAM, DIRECT(1R GARY OBfRG, DIREC'i'C)R
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
Central Valley School District #356
Spokane Water District # 3
Spokane County Parks Department
Dishman Hills Natural Area Association
Department of Natural Resources
FROM: Jason Langbehn, Associate Planner
DATE: July 18, 2001
SUBJECT: Review and comments for the hearing on August 15, 2001
FILE NO: VE-08-01
BRIEF DESCRIPTION: Variance request to allow the placement of a 14 x
66' Manufactured Home with a reduced front yard setback of 17' and a reduced
rear yard setback of 10' in the existing Urban Residential - 7(UR-7) zone;
whereas, Section 14.618.325 (1) &(4) of the Spokane County Zoning Code
requires a minimum front yard setback of fifty-five (55) feet from the centerline
of the road right of way and a minimum fifteen (15) foot rear yard setback from
the property line.
PARCEL NO: 45203.0135
APPLICANT: Tim Sulzle, 11224 E. 35hAve., Spokane, WA 99206
Note that the application and maps were previously circulated to your agency.
Please review and return any comments to me by August 1, 2001
Attachments: Notice of Public Hearing
1026 W. [3ROADWAY • SPOKANE, WASHINGTUN 99260-0220
f Hotve: (509) 477-7200 • Fnx: (509) 477-2243 • TDD: (509) 477-7133
. . VNOTICE 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: VE-08-01; Variance request to allow the placement of a 14 x 66' Manufactured Home with
a reduced front yard setback of 17' and a reduced rear yard setback of 10' in the existing Urban
Residential - 7(LJR-7) zone; whereas, Section 14.618.325 (1) &(4) of the Spokane County Zoning Code
requires a minimum front yard setback of fifty-five (55) feet from the centerline of the road right of way
and a minimum fifteen (15) foot rear yard setback from the property line.
Parcel No: 45203.0135
Hearing Date and Time: August 15, 2001 @ 10:30 am
Place: Commissioners Assembly Room, Lower Level, Spokane County Public Works Building, 1026
West Broadway, Spokane, Washington.
Owner: Tim Sulzle, 11224 E. 35' Ave., Spokane, WA 99206
Address and Location: Generally located at 924 E. Nina Circle in the SW '/4 of Section 20, Township
25, Range 44 EWM, Spokane County, WA
Comprehensive Plan: Urban (U)
Eaisting Zoning: Urban Residential-7 (UR-7)
Related Permits: In order for the project to be developed as proposed, additional permits must be
obtained as required by other local, state and federal agencies including but not limited to building permits.
Division of Planning Staff: Jason Langbehn, Associate Planner, (509) 477-7196
HEARING EXAMINER 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 StaffReport 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, 1" 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: Jason Langbehn. Motions must be made in writing and
submitted to the Spokane County Hearing Examiner, 3`d Floor, Public Works Building, 1026 W.
Broadway, Spokane, WA 99260-0245.
~ OFFICE OF THE SPOKANE COUNTY ENGINEER
1026 W Broadway Ave, Spokane, WA 99260-0170 (509)477-3600 Fax (509)477-2243
r`
siY,cw"ENGINEER'S CONDITIONS OF APPROVAL" VARIANCE
TO: Spokane County Planning Department
FROM: Division of Engineering & Roads
DATE: May 18, 2001
PROJECT: FR & REAR YD SETBACK 17" & 10" CODE 25" & 15" MFG HOME
FILE VE-0008-01
Hearing @
Planner: JASON LANGBEHN
Review Date: 05/18/2001
Sponsor/Applicant: TIMOTHY SUIZLE
Section Township Range: 20-25-44
Technical 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. That the regulations of the Nationat Flood Insurance Program be observed since the subject
property is affected by a flood hazard zone. A development permit must be obtained from the
Spokane County Engineer before construction or development begins within any area of special
flood hazard reference Spokane County Ordinance (88-0521).
3. "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 TIMOTHY SUIZLE
Engineer/Surveyor
Planner JASON LANGBEHN
Kimball, Sandy
From: Hemmings, Bill
Sent: Thursday, May 17, 2001 2:02 PM
To: Langbehn, Jason
Cc: Engelhard, Scott; Kimball, Sandy; Parry, Ed; Sims, Brenda; Baldwin, Greg; Hohman, John;
Little, Colleen
Subject: VE-08-01 - Tim Sulze
5-17-01
I have no comment on this submittal at this point in time. I consider the application to be technically conmplete.
Bill Hemmings, PE
~
PAGE 1 08:20:51 07 MAY 2001
Road# Road Names.......... MPost. Reference Descriptio Road Log Info..........
03313 NINA CL (START) .000 DISHMAN RD U 19 PAVED 40
NINA CL (END) .160 DISHMAN RD U 19 PAVED 40
1 Records Processed
7 -
~
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S P O K A N E F~ '~";y~Y ~C O U N T Y
. r• a
- -
DNtSION OF PI-ANNING A DiVISION OF THE PUBLIC WORKS DEYARTMEM"
ti•11C'HAf:L k'. '~'EFI)HA!~1, DIItI,C TOR GmZI OtiI:R(;. DIR[c-T()R
I11L1\101kANllliM
TO' DIVISIOII Of ('wii{-.
Sandy Kimball
Division of
Division of Utilities - Information Management; Jim I:Q-(i
Division of Utilities - Stormwater Utility; Brenda Sims
Spokane Regional Health District, Steve Holderby
Spokane County Division of Building & Code
Spokane County Fire Protection District No. 1
Central Valley School District No. 356
Spokane Water District No.3
FROM: Jason Langbehn. Associate Planner
DATE: May 4, 2001
S t'RJECT: V.lriai~cc Rcyuc.t:
Attriciicd is a cup} uttlie appI1ca11U11 IilMl;J'lals i~>►VL-UB-U 1, .1 \ziri~inCL: rcCIuest to allo%% 01L•
placement of a 14 X 66 Manufactured Home on Parcel 45203.0135 with a reduced front yard
setback of 17 feet and a reduced rear yard setback of 10 feet in the existing Urban Residentic-1l-"
(UR-7) Zone; whereas Section 14.618.325 (1) &(4) of the Spokane County Zoning Code
requires a twentv-five (25) foot fi-ont vard setback and a fifteen (15) foot rear var-d setbac}:.
Please revie~v tliis application packapc and provide; your wrillen coiuiuents and recomnicnded
conditions to me by May 18, 2001. lfti'ou have any questions, please contact me at 477-7196.
JF
Enclosures: Application, Site Plaii, Vicinity N1ap
c: Tim Sulzle, 112224 East 35tfl, Spokane, WA 99206
Mica View Landowners Association, Rosemarie f3isar, 1505 South I3arker Road.
Greenacres, WA 99016
110; W. [3Kt_l:1O1ti':~1' • S1'()K.1Nf:, WA5}iINGTC1N 99260-0220
P111111 : (`,IN) .477_72I1I • (rill~l) .177_11.11 • TDD' I';(l()) 477_71;l
► • '
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!1 APPLICATION FOR PUBLIC HEArRING ITEMS
CUP'S, VARIANCES, NON- F~RMINS USES
~ l r 1"`
~
~ IIII IIII III r.. ~ t~,`,~fEln~t~
DIVISION OF PLANNING
SPnI,--,~ COL1NTY
~
E
PROPERTY OWNER INFORMATION~~ . 4
♦ Property Owner(s):
~
Street Address:
City: 0~ State: Lo A- Zip Code:
Phone: Home 92-Y Work 3"2,4 7 ~
( ) ( ) 1~ s Fax.
APPLICANT/AGENT INFORMATION
♦ AppficanUAgent:
Street Address: 90-celt, ,/U,i7pf cf~Ck-e
CifY: :500KA1e- State: Zip Code:
Phone: (Home) qZ8'"3&/6
(Work) 9S3-Zh7~ Fax:
REQUESTED ACTIONS(S) (Indicate appropriate action):
❑ Conditional Use Permit 0 Expansion of a Nonconforming Use
Variance(s) ❑ Other (list):
PROJECT INFORMATION
• Existing use of property: i5c /y~06, /4-w
~ -
• Describe proposed use of the property, notinq chanqe from 'existinq use': ~
r I1~ i~/7'~CI. i'I e?/~%'d .bi~ h
~
• If a variance application, state the Code standard and describe the variance souqht in
comparable terms (i.e., 50 feet from centerline verses required 65 feet): 7&
KS , le &.xe l S~ro_.jblGe ~~'Tp ~/C
~~rc~~ l„
• If a conditional use permit application, does proposal me t all standards? Y~
If not, has one or more variances been requested: N
• If home industry, has consultation occurred with the Division of Planning regarding
construction of building for intended use? Y&
i
r ' APPLICATIONS FOR PUBLIC HEARING ITEMS PAGE 2 Of 3
CUP, Variance, Non-conforminq Uses
• Size of the subject property ~OG~Q S/~ Parcel No.(s): ~S~d3,0~3s
• Current zoning of property: 1.1 i0 -
• Street address of property (if known): Clr 2 5/ ' 5, ~A C/
• Legal description f property (include easement, if applicable): ~LG Q..,F G~ /Z
0i7 djrlte, , . tjcr 4!3-1F0L La
~ZAd., A At - .
• Source of legal: --7',?Yr75,4,4J101)
• Total amount of adjoining land controlled by this owner, sponsor and/or agent: C~
• What interest does applicant hold in the property oCUi1elL
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) afl of the above responses and those on supporting
thfu
lly and to the b st of my kn ledge.
&W k
documentsp
~~~~~~~sion~ igned: Date Q`~/o~df e/
. . ~ • . ~ ~
=oo-',-~ m~
: -
ry Public i and for the Sa e of Washington, r iding at
~j, My appointment expires`%L~
BURDEN OF PROOF FORM(S) (by applicant)
It is necessary for the applicant or his/her represen#ative 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
complete the form and return with your application.
FOR STAFF USE ONLY
Section ___ZO Township l..:J Range j Violation/Enforcement: Y~
Lot, legal & add'I. ownership ch rd by:
Person doing preapp conf.:
Other/previous Division of Planniwg actions involving this property:
Certificate of Exemption No. Application No.
Hearing Date Various site plan dimensions check by
. APPLICATIONS FOR PUBLIC HEARING ITEMS PaGE 3 of 3
CUP, Variance, Non-conforminq Uses
SIGN-OFF BY AGENCIES
The applicant must visit each agency whose number is circled below.
1. SPOKANE REGIONAL HEALTH DISTRICT
~a. Proposed method of water supply 3
,
b. Proposed method of sewage disposal 5-j le- '~~~"c-
A preliminary consul ion has been held to discuss the proposal. The applicant has e in rmed of
onsultat
requirements and andards. We r7z;
ion with the Division of Plannin : ; Signature ~Ite c-c
2. WATER PURVEYOR:
i ~
a. Proposed method of water supply ~~~R~~T ~~s Torn~ g Q1~ SGt,U~
' b. The proposalais not located within the boundary of our future service area.
c. The proposaff is is not located within the boundary of our current district.
d. We~are not able to serve this site with adequate water.
e. Sati factory arrangeme t~haveZhave not been made to serve this proposal.
,
Signature v Date
3. SEWAGE OSAL PURVEYOR:
~
a. Proposed meth f water supply
b. Proposed method of se isposal
A preliminary C ation has been held to iscuss the proposal. The applicant flas becn informeci of
require and standards.
Signature ~ Date
4. FIRE DISTRICT / FIRE MARSHALL
a. Proposed is within Fire Protection District #
b. Adequate arrangement have/have not been made to meet our needs in providing for an
~
adequate water system and facilities for fire protection purposes
c. Recommended fire flow: 7M1 : or unable to calculate now because use is not
definitive and will be determined at building permit application time.
d. Requirements include:
,
,f . .
Signature Fire District # Date
App for Public Hearmg Items-Ig-10-98
VARIANCE BURDEN OF PROOF FORM
Name:
Fite Number:
A"variance" is the means by which an adjustment is made in the applicatio of the specific regulations of
the zoning classification for a particular (the subject) piece of property. Thk~f6P,erty,, tpecause of special
circumstances a ficable to it is de rived of rivile es commonlY en1o ed bY other P'~-o ei~e'she,
PP , P P 9 Y p
vicinity and in a simiiar zone cfassification. This adjustment remedies the difference in privileges.
variance shall not authorize an otherwise prohibited use.
0-
The following questions will help to determine the outcome of your reques Y req~u a i r e s
accurate and complete responses. First circle either the "yes" or the "no" answer(s) following the
questions below as they apply to your situation and then explain as needed (in the space provided) to
make your unique situation clear. Certain phrases from the Zoning Code of Spokane County section on
variances are included in these questions and are underlined for convenience.
A. Wll this variance permit a use which is otherwise prohibited in the zone? Yes ~
Explain: &,Iiu- ,17 e~,/7 ~
B. Are the special circumstances (lot size, shape, topography, location, access, surroundings, etc.)
which apply to the subject property and which may not apply to other properties in the vic"[ni ?
e No
E.xplain: i i ~ ~ P P ~P/~°
~y~
. 'o o vCc
C. Is the subject property geprived of privileqes commonly enLoyed by other ~roperties in the vicinitX and
in a similar zone classification? Yes No
Explain:
x~~ r~
-7 i ~%~y
c~,e NS%In,lqk lo•;ce.
D. Wi1i this variance be harmful to the pubk weffare or to other properties in the vicinitX and a simi{ar
zone classification? Yes No
Explain: .
E. Are there other similar situatio s in the vicinitY in a similar zone classification? Ye~ No
Are they permitted uses? es No Are they 'nonconforminq' uses? e No
Explain: -e ~6~ ~_b ~ i~G~. ~OV eIZ SJ
~
F. Could the subject property be put to a reasonable and permitted use by you or another person without
the requested variance? e - No
, /
Explain: ~fl e/`e ~D l'Y1Q~D/
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~~,~rr~~ ~oc ks
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G. If this request is granted, will the subject property be more environmentally sensitive, energy
conserving or will it promote the use of an historic property? Yes (90
Explain: ~Q•~~ •t~i ~.t ~ -4X
~Z112.1Y
H. If this variance is granted, will the broader public need or interest be served? Oes No
Explain: _-7 /Yl rr~; ~ ~ Ct- 12,d61ddJ
~,0~ / ~ ~ /~~1•~
C e4
ai,Le zyr,
1. Will this variance be inconsistent with the purpose of the zoning which applies to the subject
property? Yes ~
,
Explain: r 0,4 c°
J. Will approval of this variance grant to the subject property the privileges of a different zone
classification (in order words would this be a"de facto" zone change)? Yes No
Explain: VV\' i n rYl Qbi 1Q A-¢ rvu- i h h
e X~ i nG rv~x ~)QrK
1
K. Will this variance be inconsistent with the general purpose and intent of the Comprehensive Plan?
Yes No
Explain: ~dvv\, e &--,St, U'p PLO-^~
(1~ aS C~ rnob i~ o-n~.a_
P L. Is this variance required for a reasonable economic retum from the subject property or is the exisFNgo)
structure too small? Yes Explain: ~.~~-2 ~1~0 11 On~. /n ~.J
. /
C~-
~
~
M. Did the practical difficultv which caused you to apply for this variance exist before you owned the
subject property? Yes No
Explain: RC~Or~ T Y C ~i~ G~ ~2.~ 1)\~2 P'cp-t~
~ ~
N. If a roved wou(d this variance affect land use densi re ulati ns which exist o rotec
PP , tY 9 p t the
Rathdrum/Spokane Aquifer? Yes No
'
Explain: n i'\~ X i•~ ~ r~oti !~'1 Q~'J G r\ aagbLi ,-~,W G r
J p Attach an additional page(s) if needed. You are invited to present photographs, diagrams, maps, charts,
video tapes, etc. in support of this application.. No such additional material is required and in any case it
must be BRIEF and descriptive of issues which need to be considered in relation to this requested
variance. If you have questions about the prooedure to be followed feel free to contact the Spokane Cou
nty Division of Building and Planning at 477-3675.
Variance Burden of Proof Rev. 2-99 Page 2 of 2
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SPOK;ANE COLINTY DIVISION OF BUII.DING AND CODE ENFORCEMEIV'I'
1026 WEST BROADWAY AVENUE • SPOKANE, WA 99260-0050
(509) 477-3675
C SITE INFORMATION PROJECT INFORMATION 1
~
Site Address: 924 S NINA CIR Project Number: 01003126 Inv: I Issue Date:
SPOKANE, WA 00000 Permit Use: VE-8-01
Parcel Number. 45203.0135
Subdivision: SIESTA MOBILE PARK 1 ST ADD Applicant: SULZLE, TIM
Block: Lot: 11224 E 35TH
Zoning: UR-7 Urban Residential-7 SPOKANE, WA 99206 Phone: (509) 92$-9618
Contact:
Owner: SULZLE, TIlvi
Address: 11224 E 35TH
Phone:
SPOKANE, WA 99206
Setbacks - Front: Left: Right: Rcar:
Inspector: DAN HOWARD
Water Dist:
Group Name: VE-8-01
Project Name:
C PERMff(S) )
VQTiQItCe Contractor: I.iccuse
ENGINEERS REVIEW S50.00 VARIANCE 5681.00
PRE-APP CONFERENCE $38.00
Total Pernut Fec: $769.00
~ PAYMTNI` SLIMMARY PAgc 1 of 1 NOTES )
PAYMENT Processed By: WRIGHT, RAE
Printed By: WENDEL, GLORIA
Trae Date Recei t~# Pavment Atnt
5/2101 2954 $769.00
Total Fees AmauntPaid AmountOwing
$769.00 $769.00 $0.00
~
,
Spokane County
Public Works Department
Divison of Building & Code Enforcement
Receipt
Receipt Number: 2954 Customer Number
Projects
Full
Project Nbr Inv Nbr Fee Amt Inv Amt OwPAID Pml
01003126 1 $769.00 $769.00 $769.00 $769.00 Vi
Total: $769.00 $769.00 $769.00 $769.00
Miscellaoeous Items
Total PAID: $769.00
Tender
Tvpe Clieck Acct Balance CC Nbr Exp Date TENDERED
Check1 2080 769.00
Tota! TENDERED: 769.00
Over /(S/:ort) $0.09
GIr an,~ ~ C~='
Note.,,.
Tralr DwC- rme: v 1 i:
By: GWende:
Logon User: gwendel
Stalion: G W E N D E L
Override BY:
Pr[/ited: 512101 12:21: SS PM Page 1 oj 1
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Parcel: 45203.0135
Owner: SULZLE SR, TIMOTHY J& SHARON K
CoOwner:
Owner Address l ✓ ~t~ U I. L_ ~
11222 E 35TH AVE SPOKANE WA 99206 ~
Site Address ~ 'Tt 6th
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Notice: This is not a legal document. Data depicted on this map is general & subject to constant revision. It is intended
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