TUE-2-98
.
- RECE VED
BEFORE APR 1 j 1998
THE SPOKANE COUNTY DIVISION OF BUILDING AND PLANNING
SPOKANE COUMY ENGINEER
IN THE MATTER OF A TEMPORA.RY ) FINDINGS OF FACT,
USE PERMIT NO. TUE-2-98 ) CONCLUSIONS AND
DECISION
THIS MATTER, an application for a Temporary Use Permit from Rick Phillips has been
received and decided upon pursuant to Section 14.510.000 of the Spokane County Zoning Code
on the 13th day of April, 1998.
FINDINGS OF FACT AND CONCLUSIONS
1. The individual signing below has further been properly delegated the responsibility for
rendering the decision by the Director of the Spokane County Division of Building and
Planning.
2. The applicant has requested a Temporary Use Pernut to operate a fruit sta.nd business on
property located 9120 E. Sprague Avenue, Spokane, WA. The subject property is also
identified as Parcel no. 45202.0424. ,
3. The subject property is generally located at the southwest corner of Sprague Avenue and
Dishman-Mica Road in the NW '/4 of Section 20, Township ZSN, Range 44 EWM,
Spokane County, Washington.
4. Land uses adjoining the subject property include retail sales, auto repair and professional
offices.
5. The subject property is currently zoned Regional Business (B-3) and allows a fruit stand
as a permitted use. The existing/proposed fruit stand does not conform to the
development standards of the B-3 zone. The applicant has requested a Temporary Use
Permit to establish the use as provided for by Chapter 14.510 (Temporary Uses) of the
Spokane County Zoning Code.
6. Section 14.5 1 0.000(a) of the Spokane County Zoning Code states that any owners of any
property may submit an application for the temporary use of a structure on premises in
any zone classification for a purpose or use that does not conform to the regulations
prescribed in this code for the zone reclassification in which it is located, provided that
such use is of a temporary nature and does not involve the erection of a substantial
structure. A nonrenewable zoning certificate for such use may be granted by the Division
in the form of a temporary and revocable permit, for not more than a six (6) month
period.
7. The proposal is exempt from the provisions of the Washington State Environmental
Policy Act RC W 43.21C, pursuant to WAC 197-11-800(1)(c)(i). And the Spokane
Environmental Ordinance 11.10.070(1)(a).
8. The Spokane County Comprehensive Plan designates the subject properiy as Major
Commercial. The existing/proposed use is consistent with the Goals, Objectives and
Decision Guidelines of the Major Commercial category.
9. The subject property is developed with an existing building that includes a video rental
store, gift shop, food store, retail sales and postal center. The applicant proposes erection
of a 20' x 40' tent for season sales of fruit and produce. The Division of Building &
Planning finds that a"tent" is not a substantial structure.
10. The proper legal nature will be accomplished when this decision is mailed to adjacent
property owners as required by Chapter 14.514 of the Spokane County Zoning Code.
11. A six month temporary use permit for seasonal fruit and produce sales will not be
detrimental to adjacent land uses nor the public, health, safety and general welfare.
DECISION
Based upon the above noted Findings of Fact and Conclusions, this Temporary Use Permit is
hereby APPROVED for six (6) months until October 13, 1998, subject to the conditions noted
below. This decision is final unless appealed in writing, consistent with adopted appeal
procedures and fees.
CONDITIONS OF APPROVAL
All the below conditions imposed shall be binding on the "Applicant," which term shall include
the owner or owners of the property, heirs, assigns and successors.
SPOKANE COUNTY DIVISION OF BUILDING AND PLANNING
1. This Temporary Use Permit is limited to six (6) months and cannot be extended pursuant
to Chapter 14.510 of the Spokane County Zorung Code. The EXPIRATION DATE FOR
this 6 month Temporary Use Permit is October 13, 1998. +
2. The applicant shall meet any applicable requirements of the Spokane Regional Health
District pertaining to sale of fruit, water use and on-site sewage disposal.
Approved this 13' day of April, 1998. 4 1
W
. PE RSON
4
3enior Planner
[Pursuant to ESHB-1724 and the IIoard of County Commissioners Resolution No. 96-0293, this document is also
considered the NOTICE OF DECISION.] Under State Law and County Ordinance, you have the right to appeal this
decision to the Spokane County Hearing Examiner. If you desire to file an appeal, you must submit the appropriate
Appeal Application together with the required Fee, payable to the Spokane County Division of Building and
Planning, within fourteen (14) calendar days from the date this decision is signed. Upon receipt of a complete
appeal appIication, a public hearing will be scheduled.
If you have any questions, please call the Division of Building & Planning at 456-3675.
c: County Division of Engineering and Roads
County Division of Utilities
County Regional Health District
County Fire District No. l
Rick W. Phillips, Applicant
Tom Hamilton/Advance Co., Owner
Findings and Decision TUE-2-98 2