NCA-1-02
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SPnK4NF COUNTY HEARING EXAMINER
Re Appeal of a Nonconfonnmg Use ) FINDINGS OF FACT, CQNCLUS14NS
DeterminatiQn Made by the ~ C1F LAW, AND DECISiaN
Planning Department for property }
located a419 S Fe1ts Roac> } Ff LE Na NCA-01-02
Sl1MMARY OF APPEAL
Rroposal The appiicant, ~ark and Kim Blumhageni sought a nonconforming use
determinafian from #he Planning Department for their praperty at 419 South Felts Road
They recenred a posrtrvve determination which allowed them to keep up to three large
animals in the Urban Residental 3 5(UR-3 5) zone where they are not oreiinanly
permdted An appeal of that determination was made by Mr Warren Fvwler wha iives at
517 Svuth Felt.s Road
Decision The deasi4n of the Planntng Department is reversed
PRQCEDURAL BACKGROUND
The applicants (Mark and iUm Blumhagen), own property at 419 Svuth Feits Road
in Spokane County The property is approximately 125 acres in size and is zoned
UR-3 5 That zoning was established m 1991 The UR-3 5 zone is an urban zone which
a!lows single-family homes on lats w+dh a minimum lot size of 10,000 square feet The
keepmg of lange animats is not permitted in the UR-3 5 ivne While the zoning of the
applrcant's property is UR-3 5, the surnounding area is a mix of !a# sLzes, from large lots
Iike the applccants, to smaller iots such as fhose acr+oss Felts Road fmm fhe applicant's
site, which are aanvenfional urban lots which have duplexes on them
Some bme ago, the applicants moved two alpacas on #o the sde and began
bvarding them for a neighbor Spokane County Code Enfvrcement was notified of this
and informed the applicants that it was a vialation of the zoning cvde In response, the
applicants sought from the C;ounty an adminis#ratnre determinaton that they had
nonc,onforming nghts to keep large animals an sde The DivisROn of Plarrning considered
their applicativn and on January 30, 2002, their application was approved for the keeping
of up to thnee large animals on sfte The nonconforming use determmation was appealed
to the Heanng Examiner by Warren Fowler on February 1'I , 2002
An appeal heanng was held on this matter on May 1, 2002, at 1 30 P M in the
County Go►mmissioners' Heanng Rvom in the County Pubiic Worcs Buildmg At #hat
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heanng tesbmony was taken from Mr Richardson, the Associate Planner, from the
applicant, Ms Biumhagen, and from the appellant, Mr Fowler, as well as other wknesses
After reviewing the matenals m the reoord, listening to testimony, and analyzing the
Spokane County Zornng Code, the Heanng Examiner makes the folloVAng findings and
conclusions
FIN13INC3 AND CnNCLUSIONS
The term °nonconformmg" is defined in Spokane County's zornng code, chapter
14 300, as
A lot, use, building, or structure, which was Iega1 when commenced or buiIt,
but which does not conform to subsequently enacted or amended
regulabons
Under the County Code, nonoonforming uses are allowed to continue but not
expand if a nonconforming use is disconfinued, however, for a penod of one year, d is
considered abandoned and cannot be reestablished Spokane County Code secfion
14 508 040 In this case, the evidence is clear that no large animals had been kept on
site since at least 1974 The zornng would have allowed the keepmg of large animais on
site unbl d was changed to UR-3 5 in 1991, but the owner of the property at that bme
chose not to keep such animais The owner did have finro small bam-like buildings on sde
which are appropnate for the keeping of lange animals and which now house the two
alpaca The former owner used these buddings, according to testimony, to store engmes
and parts for engines that he collected and repaired The bams were constructed m
1958, and are stil well maintained
In rts findmgs, the Planning Department deteITrnned that the nonconforming use,
that of keeping large animals, had not been abandoned because the owners of the
property had conbnued to mamtam and pay taxes on those two small bams, thereby
mamtaming the abdity and intent to keep large animals on the property This finding was
based on a non-written policy of the Plannmg Department and is not based on any part of
the County Code The County Code says a nonconforming use has been abandoned if d
has not been m ewstence for a penod of one year In this case, the "use" is the keepmg
of the animals and not the maintammg of the two bams It is clear from the testimony #hat
no large animals were kept on sde smce 1991, when the zoning was changed to UR-3 5
Therefore, there were no nonconforming nghts established for the keeping of large
arnmals The Heanng Examiner finds that d was an ernor for the Planning Department to
determme that the maintenance of the buildings was sufficient to show that the use had
not been abandoned The buddmgs were usable and were, in fact, used for other
purposes for many years, so their existence is irrelevant as to whether or not the
nonconforming use sUll had nonconforming nghts
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Based on the findmgs and conclusrons above, rt is the decision of th+e Heanng
Exarnmer to reverse the decisiQn by the Planning Department and tind that the property
at 419 South Felts Road does not have nonconforming nghts to house iarge arnmals on
stte
DATED this 13th day of May 2002
G Smdh
Spokane County Heanng Examiner Pno Tem
NQTICE OF FINAL dECIS1dN ANa NOTICE OE RIGHT TO aPPEAL
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Pursuant to Spokane County ResQluton No 96-0171, the decision of the Heanng
Examiner on an appeal of a decision made by the Ptannmg Department is final and
conclusive unless wnthm twenty-one (21) calendar days from the issuance of thq
Examiner's decisi4n, a party vvdh standing fil+es a land use petitivn in sucpenor r.ourt
pursuant to chapter 36 70C RCW Pursuant to chapter 36 70C RCW, the date o#
issuance of the Neanng Exammer's decision is three (3) days after ft is mailed
This Decisron was maded by Certrfied Mail to the Applicant, and by first class mail to
vther parties of record, on May 13, 2002 The date of issuance of the Heanng Examiner's
decision is therefore IUlay 'I fi, 2002, counting to the next business day when the las# day
for mailing fafls on a weekend ar holiday IHE LAST DAY F'OR APPEAL QF THiS
The compie#e recc3rd in this matter, including this decision, is on file dunng the
appeal penod with the Qffice of tfie Heanng Examiner, Third Floor, Public rlVorks
Building, 1026 West Broadway Avenue, Spakane, Washington, 99260-0245 (509) 477-
7490 The file may be mspected Monday - Fnday of each week, except holidays,
between the hours of 8 30 a m and 5 00 p m Copies of the documents in the record
will be made aVadable at the +cost set by Spokane County
Pursuant to RCllV 36 70B 130, affected property owners may request a change in
valuatian fvr property tax purposes notwdhstandmg any program of revalua#ian
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