VE-14-93
• RECEIVED
.
ZONING ADJUSTOR MAR 0 1 iq%
SPOKANE COUNTY, WASHINGTON SPO1(4~JE ""GUh'TY tNGINEF$.
IN THE MATTER OF A VARIANCE FROM )
REAR YARD SETBACK REQUIREMENT ) FINDINGS OF FACT,
FILE: VE-14-93 ) CONCLUSIONS
APPLICANT: SPOKANE COUNTY FIRE ) AND DECISION
PROTECTION DISTRICT NO. 1 )
COMPANION FILE(S): SP-805-92 )
APPLICATION DESCRIPTION: The applicant requests a rear yard setback (east
property line) of 10 feet; whereas section 14.616.325.A.4 of the Zoning Code of Spokane
County requires that the minimum rear yard setback be 20 feet. Authority to consider such a
request exists pursuant to section 14.404.080 of the Zoning Code of Spokane County and
Spokane County Board of County Commissioners resolution No. 89 0708, as may be
amended.
~
PROJECT LOCATION: Generally located in the central Spokane Valley, on the northeast
corner of Evergreen Road and 12th Avenue, in the SW 1/4 of Secrion 23, Township 25N,
Range 44EWM; 1121 S. Evergreen Road. Parcel Number: 45233.0913
OPPONENTS OF RECORD:
Clara Stephens Royal E. Oliver Kathy Sharley
Gordon Pro Cindy Taskila Gary Hebden
James E. Feather Marilyn J. Feather Gladys E. Metzger
Leslie Francis Daniel R. Johnson Janene W. Johnson
Roger Ruhl Karen Stephens Gilbert Heggemeier
Lyle V. Stephens Crystle M. Faydo Diana J. Sholl
Ronald L. Sholl R.E. Richeson
PUBLIC HEARING AND DECISION: After consideration of all available information
on file, exhibits submitted and testimony received during the course of the public hearing held
on January 26, 1994, the Zoning Adjustor rendered a written decision on March l, 1994 to
DENY the application as set forth in the file documents. However, in the event there is a
property nransfer relocating the east property line, a variance is granted to allow the fire station
to remain at a location of not less than 10 feet from any newly established property line.
FINDINGS OF FACT AND CONCLUSIONS
1. Testimony was taken under oath.
2. The proposal is described above and detailed in documents contained in the file.
3. The site is zoned Urban Residentia13.5 (UR-3.5), which allows the proposed fire
station at its proposed location, upon approval of this application. The existing land uses in the
area of the proposal are predominantly residential; mostly single family.
,
4. The proposal is exempt from the provisions of the Washington State Environmental Policy Act, Chapter 43.21C RCW pursuant to WAC 197-11-800 (6) (b).
.
.
CASE NO. VE-14-93 SPOK:ANE COUr1VTY ZONIlVG ADNSTOR PAGE 2
5 The vanance at the east property lule was substantively contested only by the
property owner to the east, although, numerous people crted theu support for opponent
Stephens' objections Stephens estabhshed that she had hved at the property vnth her farYUly
for 14 years Dunng that 14 year penod of time the subject parcel was vacant It has recently
been the subject of Spokane County short plat SP-805-92 (appucant for short plat was
Spokane County Fue Protecaon Distnct No 1), wherein the corner parcel, the one ul question,
became tract "A" of short plat SP-805-92 The short plat was only recendy filed and recendy
subject to a survey ui wluch the property hne between the apphcant's and opponent Stephens'
property (the property luie in questaon) was staked
These stakes establish the property hne much closer to Stephens' house than was
otherwise apparent The resulting property luie is several feet east of an old barbed wm fence which had been previously erected on a row of trees Opponent Stephens said that it was her
understanduig that the row of trees and fence constituted the common property luie between
what is now Tract "A" of short plat SP-805-92 and her property (NOTE Thns issue becomes
even more complicated because SP-805-92 requues that a 6 foot sight obscuruig fence be
erected on this east property hne, a condition of approval the Zonuig Adjustor cannot set aside
due to its estabhshment through RCW 58 17 and not through RCW 36 70 ) Representatives
of the Fire Dismct also testif'ied that they were surpnsed at where the survey established the
property lule Mrs Stephens estabhshed that for the 14 years that she had owned the property,
she had presumed the mees and shrubbery between the trees were on her property, and that
they had become an inttmate part of her hvulg environment, harbonng song buds, squurels,
etc Equally if not more unportant to her is the pnvacy estabhshed by these trees and
shrubbery and the cooluig effect of the shade created for her house dunng the summer months
Mrs Stephens objected to the Fum Distnct's proposals to place the 6,100 square foot fire
station, with its nearly 35 foot height, 10 feet from the property hne
She testified that the proposed, nearly 35 foot high fire sta.tion (at a proposed distance of
31 feet from this property hne, as opposed to the required 41 feet from the property hne), was
more than she would have to put up with by way of an adverse influence from a residence, if a
residence were to be bw.lt on this property She stated that a residence, as compared to the fire
station at 10 feet from the property hne, would be built much closer to Evergreen and would be
much smaller ui square footage and therefore would not be an invasion into her pnvacy on a
par with the fire staaon The Zorung Adjustor concurs based upon expenence wnth front and
flanlang street vanance requests on corner lots, wherein applicants see to locate dwelluigs
closer to the smeets in order to enlarge the 'backyard' area She and her attorney summanzed
by concluding that the fire staaon located at a dastance 10 feet from the property hne would
sigiuficandy disadvantage her property as she has come to know it
Mrs Stephens claimed that her property would be substantially, econonucally damaged
by the presence of a fire station 10 feet from the property luie, hterally a few feet on the west
side of the row of tcees she has come to accept and understand as beuig her trees She also
stated the 34 to 35 foot tall presence of the station is physically unposing at 41 feet from her
property, let alone at 31 feet (if the vanance is granted) The Zoning Adjustor stated that she
appeared to have no standing to testify to an econonuc loss, insofar as she was not a qualified
real estate econonuc expert. She aclrnowledged that she chd not have such credennals The
Zoning Adjustor established a S day penod after the hearmg in which she could present
uiformauon that would reflect on the degree to wluch a 10 foot setback would unpose
additional econonuc burden on her property as opposed to the requutd 20 foot setback The
HD-VE-14-93 decision
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CASE NO VE-14-93 SPOK:ANE COUNTY ZONIIVG ADNSTOR PAGE 3
Fue Distnct was given an add.itional5 days to respond to any uiformation subrrutted by Mrs
Stephens A letter was received within that time frame from Skip Sherwood. Mr Sherwood
is credentialied sufficient to offer an opuuon regarciuig decluies in residential property resulting
from nearby influences This was a letter of February 1, 1994 Although Mr Sherwoai
stated that his purpose was to give an opuuon regarding 10 feet versus 20 feet, he was not able
to specifically state a devaluation of property greater as associated with a 10 foot setback as
opposed to a 20 foot setback. He only stated that he and a colleague, Charhe McCollun, both
agreed that " construction of the stanon this close will have a substantial affect on the value of
your property " He ciid not amculate a difference between a 10 foot setback and a 20 foot
setback, only that the property would be devalued by the presence of the staaon
6 The Fire Protection Ihstnct purchased the land, after mvestigating many vacant
parcels m ttus area With knowledge and foresight, the Ihstnct apphed for and was granted
approval of SP-805-92, creating the lot which now is the sub~ect of VE-14-93 It then engaged
Pasold Architects (AIA) to design a Fue Stahon for this site Although it is apparently possible
to locate a fire station of the size needed on the parcel wnth a 20 foot setback from the rear (east)
properry line, the Ihstnct's preference is to locate the buflding 10 feet from the east property
luie
The preference of the Ihstnct to locate the station at 10 feet from the east property luie is
based on theu desue to have as large a maneuvenrig apron in front of the fire station as
posslble Testimony from the Distnct ind.icated returning apparatus will enter the station fram
12th Avenue, maneuvers the apparatus front end toward Evergreen and back into the stanon
The Evergreen side of the site has had 4 fe.et of land dedicated to the County nght-of-way, wnth
16 feet of future nght-of-way acquisition speclfied and a 25 foot setback from the future nght-
of-way acquisition However, upon questioning of the Zorung Adjustor, Chief Tedrow fell
short of making a strong case for the vanance In response to a question from the Zonuig
Adjustor regardmg the size of future equipment, Chief Tedrow responded that this is a
residential fire station, not contairung an aenal or ladder urut. He stated that it was not likely
the equipment would become any larger and may become smaller over time T'his information
translates into no greater maneuvenng problem on the front apron of the station, and possibly
less maneuvenng problems on the apron, over time
In response to a question regarding what the unpact of a derual of the 10 foot vanance
would be, Chief Tedrow said that it would not interfere with traffic as Evergreen is presently
configurated When asked at what point there rrnght be an mtrusion of the front of a fire truck
into the travel ways of Evergreen, as the fire apparatus maneuvers to back uito the fire staaon,
the Chief responded that he beheved such would occur when it became necessary for a
southbound left turn lane on Evergreen Road at a 12th Avenue traffic hght as the traffic turns
east onto 12th Avenue The Zoning Adjustor pomted out that the County's Artenal Road Plan
d.id not call for 12th Avenue to be an artenal Dennis Scott, the County's Pubhc Works
Duector, soon thereafter testified that he could discover no plans for either 12th Avenue to
become an artenal or for a n-a.ffic hght to be situated at the intersection of 12th and Evergreen
Ctuef Tedrow went on to tesufy that his concern is that traffic plans would change dunrig
the approximately 50 year lifetvme of the fire station, apparently suppomng lus contention that
an additional lane (left turn for south bound Evergreen traffic) could snll become a reality He
d.id conf'um that even if all of the future nght-of-way designated for Evergreen Road were to be
HD-VE-14-93 decision
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CASE NO VE-1493 SPOKANE COUNTY ZONIIVG ADNSTOR PAGE 4
used, it would stdl be possible to maneuver the fire apparatus on the aprons in order to back
xnto the station house, but, it would be tight.
7. Where the problem complauied of is common to land in the area or throughout the
commuiuty, the proper solution is legislative rezomng, rather than piecemeal a,dmirustrative
exemption The alleged problem or hardship must relate to the land Community needs or
personal hardships do not qualify as legiumate grounds for issuing a vanance (Zoning and
Land Usg Controls, Rohan, § 43 02 [4] [b] [i]) The fact that a fire station is being proposed
and findtng some trouble fitting vvithin the add.itional setback lines estabhshed due to the artenal
status of Evergreen is acknowledged as a minor burden on the applicant, although, earlier
related testimony suggests the burden does not prohibit the fire station use on this site It only
present some inconveniences over the projected hfe of the station ,
8 Section 14 404 082 of the Zoning Code addresses the requuements for granting a
vanance Subsecnon 1 of the above section is as follows
1 Any vanance from the terms of the Zomng Code shall be subject to such conditions
as will (a) ensure that the adjustment shall not constitute a grant of special pnvilege
mconsistent vcnth the luYUtauons upon other propernes in the vicinity and sinular
zone classif'ication in which the property is situated, (b) ensure that the intent and
purpose of the Zoning Code is mmntained wnth regard to location, site design,
appearance, landscaping and other features of the proposal, and (c) protect the
envuonment, public interest and general welfare, and that the following
circwnstances are found to appdy
a Because of special circumstances apphcable to the property, including size,
shape, topography, location or sturoundings, the stnct appucanon of the
Zonung Code creates pracacal difficulties and is found to deprive the property
of nghts and pnvtleges enjoyed by other propernes in the viculity and sunilar
zone classification, and
b That the granting o, f the vanance will neither be ma.tenally detinmental to the
pubhc welfare nor injurcous to the property or improvements tn the vicinity
and zone in which the property is located (emphasis added)
Subsechon 4 of the above sechon defines several key temis, one of the most unportant of
which is 14 404 082 4 e wherein 'practical difficulties' are estabhshed as one or more of any
number of differences and pnvileges charactenstic of a property due to a combinauon of special
circumstances and standards of the Code provided, that a pracncal diculry shall not solely
be a parcel alleged to be too smull for a given use if the subject property can be put to arry
number of sirrular or alternanve uses confornung to the standard (emphasis added)
9 Grantxng the vanance is not justified on the basis that the property is not depnved of
nghts and pnvileges enjoyed by other propernes in the vicimty and surular zone classif'ications
Granting the vanance would uicrease the detnmental presence that a fire station may have on
the Stephens property, immediately to the east Expert testimony was presented that the
presence of a fire station will have a detnmental affect on the property, either at the reqwred 20 '
foot setback or at the requested 10 foot setback, although, the degree of difference was not
HD-VE-14-93 decision
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CASE NO VE-1493 SPOK:ANE COUNTY ZONIlNG ADNSTOR PAGE 5
clearly stated Rather, it was unphed The subject property can be put to any number of uses
other than a fire station without grantmg a vanance It can also be put to use as a fire stataon
property, although, there may be some inconveruence to the Fire Distnct staff with some
additional maneuveruig reqtured to back fire apparatus mto the fire station
10. The apphcant has not presented a convincing case that a broader pubhc ar
commuruty need or interests would be served by granting the vanance, as opposed to denyuig
the apphcation Smct apphcation of the Zomng Code standard of a 20 foot rear yard setback
dces not create an unreasonable burden in hght of the purpose served by the setback
reqwrement The purpose of such a setback is to estabhsh adequate hght, space and separation
between bufldings This becomes even more unportant in hght of a 6,100 square foot
building, approxunately 34 to 35 feet ui height 11 The'practical difficulty' clmmed by the apphcant Fu-e Distnct is that the lot is
smaller than they deslmd with respect to the setback from Evergreen Road. Little or few other
justifications for granting the vanance have been presented The Zomng Code states that a
bona fide pracncal difficulty shall not be solely be a parcel alleged as too small for a given use
if the subject parcel can be put to any number or suiular alternaave uses confornung to the
standard (Zoning Code, § 14 404 082 4 e i) Additionally, the practacal difficulty or hardslup
alleged by the Distnct is one created by the Ihstnct, uisofar as it purchased the onguial property
and subdivided the property to create the lot wtuch is now alleged to be too small
12 Rohan, in Zomng and Land Use Controls, § 43 02 [5], states that over the years a
number of factors have been considered by courts with respect to granting vanances These
ulclude (1) whether stnct comphance with the tetms of the orchnance will preclude a permitted
use from being pursued, (2) whether the land wffl }neld a reasonable return, (3) the degree to
wtuch the apphcant seeks to vary from the ordinance, (4) the degree of hann which vvill be
unposed on the surrounding area if the vanance is granted, (5) whether some other method can
be pursued to avoid the need for the vanance, (6) whether the dlfficulty is self unposed, and (7)
whether the uiterest of justice and the general welfare will be served Rohan continues that no
factor alone controls and all must be considered. It is a balancing act of the compeang interest
between the landowner and the community, as expressed through the zoning document.
13 As the Zonuig Adjustor considered all the facts, testimony, relevant case law and
instrucuve usefulness of Rohan's ZomnLy and Land Use Controls. it is concluded that the
balancing test of competing interest hes with denying the vanance as being (1) pnmanly to the
convemence of the apphcant; but, not absolutely necessary to avoid "no use" of the site, and (2)
generally to the demment of the adjacent property
14 Adverse testimony and wntten comments were received regardng the proposal
The only relevant commentary, other than that from property owner Stephens to the east, was
from other persons suppomng their concerns for Mrs Stephens' dilemma
15 Testimony indicated there is a reasonable chance that the east property Iine will be
contested by owner of record Stephens The Zoning Adjustor takes no posiaon with respect to
the validity of any claim on the part of Stephens for additional property, either through adverse
possession proceedings or through any negotiated arrangement with the Fue District. It is the
Zoiung Adjustor's intent to authonze the fire staaon to be located at a 20 foot setback from the
present propety luie, regardless of any property urransfer In order to eliminate the Fue Distnct
HD-VE-14-93 decmon
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CASE NO. VE-14-93 SPOR:ANE COUNTY ZUNIlVG ADJUSTOR PAGE 6
coming back for a vanance, in the event that a transfer of property takes place, a vanance is
hereby granted to allow the fire stanon to be located closer to an adjusted property luie, up to as
close as 10 feet from that new property luie, but, in no event closer than a locanon based on a
20 foot setback from the existing, presently staked property hne
16 The proper legal requuements for adverasulg of the hearmg before the Zomng
Adjustar of Spokane County have been met.
DECISION
From the foregoing Finduigs and Conclusions, the Zoning Adjustor DENIES the +
proposal as set forth in the file documents As descnbed m Fuiding of Fact/Conclusion
Number 15, a restncted vanance is granted to allow the fire station to be located 20 feet from
the present, surveyed property line, as set forth in SP-805-92, m the event that a property hne
agreement results in a relocation of a property hne westward of its present location However,
the restncted vanance granted, is in no vnstance authonzed to locate the fire station closer than
10 feet fmm any newly established property luie For purposes of locaang the footprint of the
building, it shall be no closer than 20 feet from the existing property lme set forth ui SP-805-
92
NOTICE• PENDING COMPLETION OF ALL CONDTI'IONS OF APPROVAL WHICH
NEED TO BE COMPLETED PRIOR TO PERMTT ISSUANCE, PERNIITS MAY BE
RELEASID PRIOR TO THE LAPSE OF THE TEN (10)-DAY APPEAL PERIOD
HOWEVER, THE COUNTY HAS NO LIABII.ITY FOR EXPENSES AND
INCONVENIENCE INCURRED BY THE APPLICANT IF TBE PROJECT APPROVAL IS
OVERTURNED OR ALTERED UPON APPEAL
DATED this 1 st day of March, 1994
~
THO S G M SHER, AICP
Zo g Ad stor
Spokane Co ashuigton
FII.ID
1) ApphcantlAttorney of Record (Cernfied/Return Receipt Mail)
2) Opponents of Record
3) Spokane Ihvision of Engineeruig and Roads
4) Spokane County Health Ihstnct
5) Spokane County Division of Ualities
6) Spokane County Department of Buildings
7) Planning Department Cross-reference File andlor Electronic File
HD-VE-14-93 decision
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CASE N0. VE-14-93 SFOKANE COUNTY ZONTNG ADNSTOR FAGE 7
NOTE ONLY THE APPLIGANT OR AN QPP4NENT C]F RECORD MAY FILE AN
APPEAL VVMiIN TEN (10) C'_Ai FNDAR DAYS fJF TBE AB4VE DATE OF SIGNING
APPEAL MUST BE ACCOMPANrIED BY A$210 00 FEE. APPEALS MA1' BE FIIM AT
THE SPQKANE COUNTY PLA►NNINC DEPARTM[ENT, PUBLIC WORKS BIJII..DIlNG,
1026 W BROADWAY, SPCJKANE, WA 99260 (Section 14 412 042 of the Zvning Code for
Sgokane Counry)
HD-YE-14-93 decision
• ' ~
.
ENGINEER'S REVTEW SHEET ,
BLDG. PERMIT # -or -FILE# W-01 4-93-93-
Related File # SI'-805-A}
Date to Review 1-26-93 Time 9:45 # Z
Date ta AA & IlR 'T'iine
Date Received 12-27-93
P"roject Name FIRE STATIUN REA.R Y,D SET"BACK 10'(CODE 20) No. L4ts 1 No.Acres 21,9SF
5ection - Township y Range
SITE ADDRESS NEC E'VERGREEN112TH FARCEL # 23543-0913
Apglicant's Name J PAUL CHASE-SrO FIRE DiST #1 Phone # 92$-24+62
Address 10319 E SPRAGUE-SPOKANE WA 99206 Work # 928-1700
Date Conditions mailed
Cantact person Phoue #
FL,C}OD ZONE vI Nfl W 5 SCI-IOOL 356
Engineer / Surveyor's 1 Architect's Name
Planning Contact Person Fhone # 456-2205
,
Date Subnutted Descriptian Iuitiais
1 / AGREEMENT TCl PAY FEES ()R PRIORI'TY FEE COiVtPLE7ED & COP`r' Tf] ACGOUNTING
I 1 FINAL PLAT FEE5 COMPLET'EI] & CO['"Y TO ACCC3UN'IING
J 1 NQ'TICE TO PUBLIC # 1 3 4 b COMPLETEia -+C)R NEEDS TO BE SIGNEI]
DESIGN DE'VIATIaN SUBMITTED
ALTERATION TU ri.AT -BL{aCKS 8c LOTS
1IE-AItiNG EKAM APPR(3'VED `DENIED-„API'EALEU gBC I PRC3JEC'T !AI'PRO'VED _DCNIGD
klgltlreview.tar J
S P O K A N E C O U N T Y
OFF[cE oF THE COtnvrY ErrcnvEER • A DnnstoN oF rHE PusLIC WoxKs DEeARrMMr
Ronald C Hormann, P E, County Enguieer Deruus M Scott, P E, Ihrector
May 25, 1993
M E M O R A N D U M
TO: Tammie Jones, Spokane County Planning Department
FROM: Scott Engelhard, Project Coordinator Seoi1"E
SUBJECT: Amended Condition for Engineers Condition No. 6
FILE: SP-805-92
The above mentioned condition should be amended to read as follows :
Direct access to Evergreen Road from Lot "A" shall be allowed for
the proposed fire station. Any residential structure occupyinq Lot
"A" shall not have direct access to Everqreen Road.
W 1026 Broadway Ave Spokane, WA 99260-0170 (509) 456-3600 FAX (509) 456-4715
F
S P O K A N E C O U N T Y
4-Iii,
PLANNING DEPARTMENT WALLIS D HUBBARD, DIRECTOR
NOTIItCIL OII@' SPOKAR1IE (COUNTIY 7LORTIIRTG AIIDXUBTO1I8 PUBII.IIC
1HI IEA IIBII RT Qa
DATE: Jaauary 26, 1994
TIME: 9:45 a. m. or as soon thereafter as possible
PLACE. Spokane County Pubhc Works Building
Commissioner's Assembly Room
1026 W. Broadway
Spokane, WA 99260
AGENDA ITEM 2 File: VE-14-93
VARIANCE FROM REAR YARD SETBACK REQUIREMENT:
LOCATION: Generally located in the central Spokane Valley, on the northeast corner of
Evergreen Road and 12th Avenue, in the SW 1/4 of Secaon 23, Townslup 25N, Range 44EWM,
1121 S Evergreen Road.
PROPOSAL: The applicant proposes a rear yard setback (east property lme) of 10 feet,
whereas, secaon 14 616 325.A.4 of the Zonuig Code of Spokane County requues that the
muumum rear yard setback be 20 feet
EXISTING ZONING: Urban Residential-3 5(UR-3 5)
SITE SIZE: Approximately 21,970 square feet
APPLICANT: J Paul Chase
Spokane County Fm Protection Distnct #1
10319 E. Sprague Ave.
Spokane, WA 99206
All meetmgs and heanngs will be conducted ui facihaes which are accessible to disabled individuals
For more particular information, please contact the Spokane County Planrung Department at (509)
456-2205
VE-1493/Fire D,sL #1
WEST 1026 BROADWAY AVENUE • SPOKANE, WASHINGTON 99260-0240 •(509) 456-2205
SPOKANE COUNTY PLANNING DEPARTMENT
APPi,Tt`ATTnNS BEFORE THE ZONINC AD.iUSTOR
Name of Apphcant r"' v-c_D,'Aj PA'AI C6s e Ageiit XN
S treet Address ~~Jw-c +%I-e-
Zip 9 Phone - Home qgg-1 '76 0
City: ~Pv kq vo, State CJA- Code 9X6 Work ~ 98r-,~) K_ 2
Agent's No
Name of Property Owner(s). Ft%rt, L-64 - ~ ~
Street Address. AF~D 31 ~ Sf reLue--
Zip Phone - Home
City, ~~Ca►~. State ~ Code• g`1~~ Work
~
REQUESTED ACTION(S) (Cucle appropnate action)
Vanance(s~ Condiaonal Use Pemut Expansion of a
Nonconforming Use
FOR STAFF USE ONLY
Violanon/
Secao Townshipo&5 Range 644 Enforcement Y NO
•Lot and legal checked by. 10 •CWSA sewer purveyor
•CWSSA water purveyor •CUP standards met N~A
•Existing zone --UP., - 3,-5 Cite applicable sechon
•Comp Plandesignauon WV&LYL •Arterial Road Plan designation OtL e~
•Fire Distnct :01 *Person doing preapp conf
4411a4 q
•Other/previous Planning Department actions involving this property
r- znG, - q,2,
•Cemficate of Exemption No -W& Application No
•Heanng Date ~Z6 &4,3 •Site plan dunensioning checked by "Al
ABOUT THE PRnPERTY (by applicant)
•Exisang use of property I~a C-a
•Descnbe p osed use of the property, noting change from 'exisang use'
ro
~i e4i- 54-a+-,-D K. .
•If a vanance apphcation, state the Code standard and descnbe the vanance sought in comparable ~
terms (i e, 50 feet from centerline verses requued 65 feet) -Ego w- A b,,.C_k_ a4
-.3 v-o xe_ . ~ d r~ a451~r h'~ ,G o r o~. / d
~C •If a condiaonal use pernut apphcation, does proposal meet all standards? Y N
Lf not, has one or more vanances been requested? ~ N
•What is the siz~e of the subject property ~O / 6` ~
•Street address of property (if known) Se ~S~L~ 0-:
•Legal descnption of roperty (in ude easement, if 4pplicable) grkS-h Ae-f'
OD ~ W.&ae 5~'~s~v`!e ~
X. ~
•Parcel No(s) • D S. ~ S
•Source of legal Co - 9av -.2 -Ia A
*Total amount of adjoining land controlled by this owner, sponsor and/or agent ~/r/o r~
•What interest do you (ap Lcant) hold in the property?~~~~lo
~ ~
SThTE OF WASHINGTON ~ S S COUNTY OF SPOKANE )
I SWEAR, UNDER PENALTY OF PERJURY, THAT (1) I AM THE OWNER OF RECORD OR
ALTI'HORIZED AGENT FOR THE PROPOSED SITE, (2) IF NOT THE OWNER, WRITTEN PERMISSION
FROM OVVNER AUTHORIZING MY ACTIONS ON HIS/HER BEHALF IS ATTACHED, AND (3) ALL OF
TWABOvF RESpnNCFS AND THOSE ON SUPPORTING DOCUMENTS ARE MADE TRUTHFULLY AND
~ TO I Mqj'r#PFMY KIVOWLEDGE
` ~►~.....cO.s~
~
k~~ CA40A.... Date
~ . Signed:.
N ` ~►~•~as1on o
.
•y•~' :.yi
s i ~ ~~T ~Ry ~ % =
0800 ~ No P blic in and for the state of Washington, resldin at
, ~~i~! Ot ~ My appointment expires
~i~~OFyy S~Li pagc l of 2
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~~R,`~~~ B~JIt~I.F PROOF form(s)' (by,ap
'4 1 7,
plicantjvR
M:i~s~i'eces~aiy,foEthe applicant or tus/her represe
~ ntatiye~to establi~h ~he ieasons why ihe
AG~'TION should be agproved'p~i to literal~y`pqt fbrth the basic argument in favor ~
~C*c~ tkeRpphcation. Accordingly, ~ou sbould have been gnven afonn for your requested ~
(vaflalXt;ga 'indiaonal use, etc;) c~esigned to help you present your case in a way wtuch
wtuch the Zoning Adjusxor must consider, ~Please fill the form out and return
~
i~~~}; phcaUon
y x~= 2n~ i„
B. SIGN-OFF BY COUNTY DEP A`RTMENT~ 4A~ N D O T H E R A G E N C I E S
(app lican t mus t visi t eac h ~ agencyitwhoser no,.. i$ circled below)
e
~iT tlw
7avl
1. SPOKANF, COUNT~ ~IEAI~TI~ ~ ~DISF '~'~tI
~ } r~.t 1 i n'~
Proposed method c~f water supply•_~ r~~~~~~.,~
b) Proposed mediod of sewage d.isposal ~ Co-nft,+ ~?ab/sti Sewer AJ on. 1
.,r 1 1
A preliminary consultatton ~has been l~eld to discuss>tlie proposal. The apphcant has been informed
of requuements,and standards. We reque t consqtl Planning Deparpnent Y N
4 t'
/ T w~ t' yTr~ j` f
~
~
(Signature) s , G ~ ~w~ (Iaate} ~r , (Sign-off Waived)
F~~~ s t Y 1 ~ 1
t ~t ~a 1 4 1 1
2. SP4KA E COUNTY PUBLIC:~'VYfURKS DEPARTMENTi~ °i 460
(Et~ eerin 8~ Ro~ds sior~~ ~ xS
• 1 • + e.` 4JL~nti.`,~' ~t, Y ( y,.l, y'f, r-r~~f tx 5 5~~~ k r
A prelumn cons n/'has been eld to d~$cuss the p roposa~,,,,The apphcant bas been informed
of requ ents tandards ~ requpst*osOltation witb Plaiining Departmenti' Y N
pec gna (Sign-off 4WaiYW)
3. SPOI~ANE ~ GOUNTY UTILITIES
r~~DE !RTME~ VT, ( ~Plann' ` e,h~
~ g ~ p a r t m e r~ t m a y ~ a i v e
d outside WWMA) ~
'
A Prelurun onsu~t r' `n~hras been held to ciiscyss :ttie propos4l, tTt~e app
~Y, c ` kcant has been `Infonned
of inents and s an ards.
~Sj
~ c ~a } "r' .^R~ ~il~S,f,h~KY t Ail~ ~~y ,r Y ~ ~ rl ~Vz i n c'f , F f r t
w:+E. r ? ~
T
(Sign ,.~ate) (Sign-off Waived by Planning?)
n
it 4-1~~. r~ rrt~ ~~r ~
e applicant is requued to discuss the ~roposal with
A to become informed of wEiter systemv
; , x~yy Yi` I
z requuements and standards. (See #a below) - rt
1 ~ r 1ry 7 `
J
• Q""h~3' u~~'f~~ '
The appl~cant ~s requi~ed to discuss the p~rop~sal With
1o`;bocQme informed of sewage diSposal `
iequucments arid standards. (See #~a bq §
' a
n
low),
fi_a ~r
e t ~ a C ? S ~ ~ Y f4 rY^` i ~ ~ 7 ~ ~4 r . v~ ~ ~,j~ ~ ~
a . WATER PURVEYOR:
1) The pmposal zkm&located within the boundary of our futune service area
2) The proposal isAelllnet located'vyithjn~,`tbe boyndary"of our current distnct F
- 3) I We able to serve thie site ~&4th adequate~ w4ter.
,
, ; g `
, 4) factory arrgn~gements ' been made to serve7tti1$ proposal
j "
(S~gnature) (Date)
nr .,-r"~~ x~~~L ~ „ A~ye ~~Y i
b. SEWERAGE PURVEYOR: k
' y ~ % ~ i e ~ ✓ t a,~ e t f' R4~51'~jr~y~t7 y}St ~ o ~ { ~~fr ~~1F4 ti ~.c Z{"'s
Aprel nary consultat.~on has been l~e1d to disc~iss the proposal, ~'he app~car~t has been
info of reqwre d st
rild _As ~
f ~
( ature) 04
alV , ~r s
t Y}s ~ 7{
..yy
~ y 1
5 K~ 1 G' ~ L
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page 2 of 2 ,
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.
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.
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e Sub3ect ~e~~,va~~~e~
° ` -~Y► ~
F Could . ~,QUt tbe ?~u
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~ fj3-'~x~x.,~w• ¢ ~
e~~,~n.e~►tal~l Z'yeS N°
~j W' . S~~ prope~'
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r ,
- + e subJ~"~ ~~t1ie We °f ~
~
w~1~ ~ lt .
~ r .
~ ue~t ~ ot ~
~~~ener~~
~ • S~~,sit~Ye~ , o , ' , Y ` Y .
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r r + ~
' r
~
°2
y , P~►~e , ~ ~ ~
. ,
t
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`K.k' aS
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~
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H. If this vanance is granted, will the broader pubhc need or interest be served7 Yes No
ExPlain: l'k ft"'rt. 640A%0*,,. Wi# p vv v~~ ~re., proikd
,
1. Wfll this vanance be inconsistent with the purpose of the zoning which applies to the
subject property? Yes No
Explain: r4 l0 l 5Le,4 Lck t,, o1 A.uv;x~ s~.
; 5a-4- G-%ot lvo f-se- -s¢..T &ck r
6
J. Will approval of this vatiance grant to the subject property the privdeges of a different ne
classificaaon (ui other words would this be a"de facw" zone change)? Yes QD
Explatn ~ A
K. Will this variance be inconsistent wnth tbe general purpose and intent of the
Comprehensive Plan? Yes Q
Explain• .
L Is this vanance required for a reasonable economic return from the subject '
property or is the exisnng structure too small? Yes N~
~ oro
Explain is Pd -Q,,. ~oro-~•~ o
1'j. i LQr' .2?c /'sTs
~
M Did the mactical rl which caused you to apply for this variance exist
befare you owned the sub}ect property? Yes Q0....)
l~
Explaun rV-,01r Ya "'A- G)a s cZ*tsi Wa4 o.-
~ aC frDCeSm
r`o v- Sh.O~ i'
X01
~S1~Q
1GL h ~ /0~ ~
a,.~ P~ ~ ~ ,
N If approved, would this vanance affect land use density regulaaons which exist
to protect the Rathdrum/Spokane Aquifer? YesCNo ~
EXPla1n: /l! A- 1..~e OC'^~
~
The followuig space is for further explanation. Attach an additional page(s) if needed.
G'e- m4eA, [01'~~ ~ i ~~kJ~6ly 0w `'w.► 4,.4~4 -teu .~~'fG 1 y
G~
~
. '
4-Aw"OK4 v~~4~ckfi ' , an- bwck ~44%- ;,L-, '612e
q c,~ eAV- CAw i W.w sy, ~io, tLt, &,ea-,- YAa. 66. --4~ ~e.
buti Lpi'
~La
.
~ Nov~~ ~ ~'.cs-~- ~.v'~e. s~~fi ~ (~f ►~9 re. ~
You are uivited to present addittonal photographs; diagrams, maps, charts, etc. in support of this
apphcation. We have the equipment to dtsplay video tapes. No such add~tional matierial is requuvd
and in any case rt must be BRIEF and descnptive of issues which need to be considered in reladon
to this requested variance. If you have quesnons about the procedure to be followed feel free to
contact the Spokane County Planning Departinent at 456-2205.
RP vARCaNCE. BURDEN OF PROOP FORM Page 2 of 2
xEV, sin
r
^ yq b
(
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ti. l ~>a .r t P
r
SPOKANE CU[Th1TY PLANfiTTNG DEPARTMENT
APPLICATIONS BEFQRE THE 7ONrNG A12J.IlSICOIEt
,
Name of Applicant Fr~-Di~~ ~ ~41 C6~e_ Agent Y N
Street Address ~ - f 0..3 19 54v~que_ A-o-c-- ;
' Zap Phvne - Home q'p~? -1''i 6 d
City -m k4►na. " State ~r~-- Code 9,,V6 Work qAN- 25162
Agent's; No ~
Name af Property Owner{s} 1~~ rr, rT)
Street Address ie W3 1-~ 2 ~rloj" ~ "RI AtP
..,Zµg r Phone - Hame
~ ,,~j ,
C1i"+'' kGi~ Sta.t~ _ ~e ~ l 'w4Ik 9c
L '
REQUESTED ACTIOAd(S) (Cucle appropnate acnon).
Vanance(s)_') Condational Use Penuut : Expanslon of a
~ ,
ther _Nanconfornun~U~se ~
~
i
FOR STAFF USE UNLY
violaaoni
3 ~l ^kL 7 ~ i •p
Section ~ Township `Range Enforcement Y N
*Lot and legal checked by - w ~CWSA sewer purveyor
-CWSSA water purveyor,,..fi -CUP standards met Y N NA
oExistxng zone - ~ Cite appucableFse;ctiQn
- 4 -Comp P1an deslgnaaon ~ ~ - -Artenal Road Plan designauon - ~
•FueDistnct ~Sa..F'erson doing preapp conf
a " ^ ` o- ~ _ e r ~ ~ y- y _ •
-Other/previaus Flanrung Department ac~.oris involving this prcperty
_
{ ~z~~ ~ v ; l y
QCertificate af Exemption No 1}Appizcativn No~~
oHeanng Date ~ •Site'pian dimensioning checked
~
~ ,},~,s ~ t.t~ ~ ~y nr r ~ _ c. r ; ° ~ ~ ~lr h r ~ ~ T ~ o
AIBUUT THE PRG1PERTY Jby!-°apPlxcant) t}' , _ ~ ~y~ ryj`_ _~~V~ L T► ~ 4
-Existing use of pro,perty
oDescnbe prjoAosed use of Jthe property,",notuig change fram'exisnng use'
i
-If a vanance apphcaaon, sta.te the Code standard and descnbe the vanance sought ;n comparable r
terms (1 e, Sa feet from centerline verses required 65 feet) - -&a
a v~2. ~'~G'+,,~ o r o~._ r
L~~C i ti ID4.4_
~
oIf a condiaonal use pernut apphcatian, does proposal meet, all standards9 Y I`+I
e
if not, has one or more vanances been requested? Y - 'N
What is the size of the subject property
•Street address af property (rfknown) ~-v'6~-'y he.eft.4~Q
~-Leg-~.s cnp~s n of prope b~{in'~Jud~e easeme',Gp
phcable} _ s~ Cfk AAS-~ A&+'
~
~Parcel No(s) 3 3 .w t?~ s
9,~ ~
•Source af Iegal ca~i_
•Total amount of adjoining land controlled by this owner, spansor andlor agent Itlo ne.
y9 ~.~►Co
~What interest do you (ap l~cant) hold 1n the propert
'~i.~ 3~~ r ~
g,' L s' r~x _ ~ ti t ^ s~^ n a yw.-- :+fi " s z~ 1 r^~ Y _ ~ ~
.,?L = ~ ..;s; c s-`-', ~ . tr ~.s..~~~"'w~'--~a~ ~n'7+F'yS,,,,-•~!> ,x~l ~ ,~..v s J ~
STh~ OF WASHINGTQ~T } S S _ .
C4UNTY OF SPOKANE
I SWEAR, UNDER PENALTY OF PERJURY, THt1T (1) I AM THE OWNER C}F RECORD OR
AU'I'HORIZED AGEIV`I' FOR THE PROPUSED SITE, (2) IF N4T THE C}WNER, WRITTEN PERMISSIC~N
FROM OWNER AUTHORIZTNG MY ACTItJNS 4N HIS/HER BEHALF IS ATTACHED, AND (3) ALL OF
~I3CJVE R.FSp TSFS AND THOSE ON SUPPORTING DOCUIv1EN'TS, ARE MADE TRUTHFULLY AND
~ TO MY FC.NOWLEDGE
s~
kN°jNICO,~ _ Si~ed -Date
~ r 1 _ ~ Y ~ ~'-.~t,-.. ~ J ~ i.~ ~ sq ~ r : ~i u .-!t t - r
~ ♦,e,80 X% a
~ 0_ ~
s
~ ~n ~ ii/ ~ ~ ~ k u ! ~ - '1 `~`W'+ + rY l• ~ ~ i :f « Y 4 J T _ i'
/d y e y~ ?a r f '`'A r ' c ~ t 1 a'^ ' iso
z~.. I~o P bl~e ~n~and~for the state of=Wa~hington, res1dm at
My..=4ppointment expu-es
{
~~►,~~~~Q~olet~ Z~ a e I flf 2
:
ZA,
p ~ '
~ -
~ ~ ~ '
` 4 ~y !?~f tt..x ` `;...-•.~i# ~,f f 37 ~r° 7 Y~~c+~~~'~s>~ ~ n "1._~ j r y~~t~,~_ ` - J f ~ h- _ ~
N,
Sle ~F~r'FR(~C-form~) -~pplicaza~)y
a es'&ffo~he appl~ca.rit jar'his/hef representati~tto establish the xeasons why the i
, 4ft
FRE °~S~A~ON should be~apprt~ir~~anc~ to llterally put fo#rth the basic argument in favor
4~1*c~4~e~pplication .;sAccordingly, yciu-should have been g~.ven a forna. for yowr requested
.Sr . . .
~ya~,~ ~cond~tionaI u'se~t,^~ etc-) desxgned to help you present your case ui a way whYCh
nu
~`~t~itena~wluch the Zonung .~4djustor must consider Please f~l.l the form out and return
Phcatiorn
P
B. SIGN-O&'F BY COUNTI' DEPARTMENTS AND 4J'T`HER AGENCIES
{(applicant must-visit each agency, vvhose no, is -circled below)
f 3 ~ 4H'~ ~..-r ~ " ~ ' rx`~'
.xli 5~`' {r
s P ~C0~'~~' ~~~~~►.C"
~ ~ y t•-•• '~s Y~- l ~ t, r a or rq s x ctr Y ` j. ~-~afi a;, '
`~j~'
i ~_.y--`'~. ""2 'i.1'byr~~-~ .~T~~~~V{.F~AJ~V\.+~i'L~~~`~Q~VI.V11~1~~•k.t`4+~ ..sY~w~V~~" ~ f ~ , YO~~~~-~^'-'~~rP'~.k'~ ytR F F
b) Proposed metliod of sewage clispasal Conqhr~_~ -t ,Pub h-C_ Se~.r 1~J~ !ajk
_ A prehmiria_ryYc&hs~Itatit~ri vhas been-held toidrscuss~the ~pm sal _ The a~~icant has been u~formed
of requ?~wir~cuients~an°d s~tar~'r'3ads. iequ+~ fconsul wi Plannin ~ arnnent
y g p Y N
ds
C'a y-o s ~~Y t J~ Ic ~
-t L `
` QL,~}r~-~~ ty, 5 ~
( ~1~4L~L1.aA Y a' ~ + ~C',.,,.-~'~ t ~c~N.~~ ~ t - ~17~.~n~011,~y~ I ► '(~Jy~ ciiveid)
(t3~ ~'Z+ j. . r 4 f ~ u i Fs 3r:
x ~ t ~ " p "i ~,~~'~r 3 ~ _ 7 y' ~ f L
2. ~ SP'O~~. E`-CO~YJN7[°'_~' _P~JBLVC -1~.]E~S ~EP~.~'MENT - ~j4
r ~t
' (Ea~ eerin~ &adsz H~~Waon)- ~ ~ -t~
~ + 1~ 7 i~ 3`~i
t A p~rel'u~nin~ ` cons n h~s be:en ' d'to,d1scuss~ the propo!al{v~The applicant has been ~nfarmed
of requents tandards ' request Consu~ltation r~n.th-Plannmg Department Y N
t f ~ ` F YL - + N - ~ ~ t t j` 4 f ~ V I ~,S
! ~ ~ - • 4 ,~w 1
gnayfe {Date) (Sign-off Waived) - . ~
~
~ S Y-_. ;a 4 } + R~ V
= 30 SPOKANE COt1N'Y"y iJ'TILIZ'][ES ]DEPART1VIENT '(Planning .Department may waive ~
if outside WWMA)
v "
. ` A prelurvriary consul~ ~r n~fias _tie -
ss
en held to dzscu trie praposa.l _ Theyappl~cant has been ~nformed
~ ~
- ~ of ~eme~tssand
- ~s an 4 ds:~~ ` `
s ~,A
A,~ t~~n - (
(V'.-~
~CLLL~ ~1J~.e=off Waiveci by Planna.ng?)
Su'tG "~3_'3'~ ` t
~ r ~ ~ _ ~ ~ - ~ f ~ ?;,,`x~ -l~~ •y 'f;'C~''~ ~~t-s
;7 i y[ a r,~,a~plxc ~xs rpV~L~u~ ta°~sb~ris~`~h6 pro~osal
~f,~ a~a~ya~c., o Y _ tfr _ s
~ ~ r~~~~ta became ozz~aied ,of-fvater spstern
requuemrents ai~d sfandards `(5 e
~ - a
] ~'he°app~licant is required-to drscuss the-prop~isal.~wlth ccA - ` l
- 4 b, h-ecome infozvned of sewage disposal
requltemerits -and stan(lards (See #b'belfov~►~}
4 ti •~r~ {
} K r ~ ~ ~ ~ ~ Y ? ~ y,}c- r
~
~ -r ~'•~t~' -~Y - ~ + %~r- ~ t .
t 8 . WATE~ PURVgYdR:
1) The pmposal i Joca ted withxn the boundary of oux future service area ~
2) The proposal i, . loe~t~~d.-v~nthun the~boundaryof our current dastnct
) We t able to seive`thist site v~qth adequate water
4) f
actory asrangement,s ve not been,made ta serve th2s proposal
(Signature) 'Date),
T 1 ✓ M-~ ti.. r 1 Y~Y ~ 1 f1. '}d lrF~ 4 ~ CS";'-~
r~~ y a^ F t r
S~ ~ ^Y ~ x r
~ 39
b"• O <,SE'PERAGt ~'~JIt~Y~J~t.1~
♦ ~ ` { ~rJs r,t ~ t~~ +~.7 x \l~ 'l ~ r ` ~ T .
A 5
n« ary cvrisulta.tion,.has been-held to diseuss the prvposal. The apphcant has been
info~~x iVfLL~~LLAlVi ' i ~~tLL1r~Jtn~l~.l.il.iax7~yv
3 f^ s Fbp m ~ l
4 ~ ~ LT ~ x 3~.•'..
~ ~ ` _
t t ^ r 4 / e~ }~~~.p y. ~ ~ y t ~ q~~y
~4L4J1 L
~`~~1 4LLGi~ v r '~F .r A~= r-x `+'SM ^ „T t > -
5 - ~ i ~ F ~ 7 ,z s Y AR ~t ~ ~ .f-~`,~ "t r " ✓ ^ ~ _ e. ~.J e " ~ °1~"~` ' ~
, .s ~
3_
~Y
s ~S~.y,~ r~~ M'i' _ Y~ c•'t~,' ~ i c S~ys. r.. ~ Mr-- ..i' a
c ~ r S v t~'~'' " 7' .-a r~ ~ i '~`3 ~ ~v t t ~ " -c `-,y ~ .t - ~ ~ .,g ♦ ` s
„ .Yi~,z"~• - .~.c~.~, tJ .s=.. ~ ^~i- t ..s r ~ ~ --r t~z "n ~ ~ s
'~~t~ t` T ~ ~ ~ ~x~' =.-~•'w.-4 ~ lr ~ " #
y Zf
I a ~ L y `~i ~y
f'" Yv
~ r- ' 3t tK
~
t °1„ Y F c J
1 , a y ~ ~5 ~ 4 ; ly 1
1 ~
~
G 2 af 2
r~A ~ AT~ ~l7.Cl- zpage
~~*Sa C'!~ L~.L'i~} l0/7~~,, ,Y^
~ ' z~ ~ 'a t r } f ~ ~ „ i u ' r t S
ti ' f ~ .s ✓ ~ " ~ ~ IP~1 s k yi + r " t " ~ r , ~ ti
a5
- ...v~,rr~"L i.~ ~~``'F_ffE.~n.~~..?'7', t~s c :~~G' .ox'i + ° a__,C.~.__.,_. .t _ r r d_ L d.. .''.t_ v = . , • '
d.
a .
RECEIPT SUMMARY `
TRANSACTION NUMBER. T9302274 DATE: 12/06/93
APPLICANT. SPOKANE COUNTY FIRE PHONE=
ADDRESS: 10319 E SPRAGUE AVE
SPOKANE WA 99206
CONTACT NAME: PAUL CHASE PHONE=
TRANSACTION: VARIANCE
DOCUMENT ID: 1) 2) 3)
4) 5) 6)
FEE & PAYMENT SUMMARY
ITEM DESCRIPTION QUANTITY FEE AMOUNT
VARIANCE 1 50.00
TOTAL DUE = 50.00
TOTAL PAID= 50 00
BALANCE OWING= .00
PAYMENT DATE RECEIPT# CHECK# PAYMENT AMOUNT
12/06/93 00013672 CASH 50.00
PROCESSED BY: WENDEL, GLORIA
. PRINTED BY: WENDEL, GLORIA
THANK YOU
L
i
~
►
~ * 4 ~
i
BEFORE 'I'HE SPOKANE COUN'I'Y I'LANNItVCB DEPARTIVIENT
IN THE MAT"I'E~ OF ) FItliDINGS OF FAC'I',
SHORT PL,A"I" NO SP-805-92 ) CONCLUSYONS AND
DECISTOI-4
THIS MA.'I"I'ER, an application for subdivision of land, from Fire Distnct No 1 has been
received and decided upon, pursuaclt to Spokane County Subdivision regulations, on the
,93,411 day of January, 1993
FffNDINGS OF FACT AND CONCLUSIONS
1 The mdhvidual sigCling below has further been properly delegated the responslbihty for
rendering the decision by the Spokane County Director of Planning
2 The proposal is to cilvzde approximately 38,000 square feet into 21ots for a Fue
Station, one single famlly dwelhng, and those uses permitted m the underlying zone
3 The proposal is getieially located at the northeast corner of Twelfth Avenue and
Eveigreen Road, in the SW 1/4 of Section 23, Township 25 Nort}i, Range 44 E W M,
Spokane County, Washington
4 7'he existuig zoni.ng of the property dcscnbed in the appllcation is Urban Residential-3 S
(UR-3 5), prevlously establistied as Agncultural (A) zoning (60-42) in 1942, and
reclassified to UR-3 S on January 1, 1991 pursuant to the Program to Implement the
Spokane County Zoning Code Pursuant to RCW 58 17 195 the proposal daes conform
to the requirements of the existing UR-3 5 zone
S The Spokane Counry Comprehensive Plan designates this area aS Urban 7`he
development and uses propoSed are generally in accord with this categoiy
6 Surrounding uses 3re pnmaniy single fanuly residences on lots of vanous sizes Many
of the lots have animal keeping facilities such as barns, corrals and pastures A child
care center, a junior high school, two elementary schools, and two churches are located
within a one m.ile rad.itis of the subject property
7 The requLred public notice was provlded for this proposai and agencies havirg a
potential interest in tle project were nohfied and recoinmendations solicitecl
8 Conunents were received from one adjoining property owner who opposes the
preliminary short plat The property owner was concern about potEriual accidents,
noise and property devaluanon Also a concern was ttie limited sight d.istance and Size
of Evergreen Road
9 Recognizing the recoj-nmended conditions and Spokane County development stalidards,
the proposed shoi-t subdivision makes appro:)riate piovislons for the public heZlth,
safety and general welfare aild that the public use and interest will be served by plattirig
the subd.ivision
The subdiviSion proposal is generally conslstent with RCW 58 17 and the County
subdlvision regulatlons, promating the public health, safety and general welfare in
accordance with suindards established by ttie state and Spokane County The proposal
as condltioned does provide adequate public facilities as cited in RCW 58 17 110 (2)
More specifica.lly
I
a open spaces
b drainage ways
c public nghts-of-way
d transit
e potable water
f sanrtary waste disposal
g parks and recreation facilities
h plZygrounds
1 schools and schoolgrouilds
J sidewllks
,
~
.
~
FINDINGS AND nECISION SF-805-92 Page 2
The above lmprovemcntS are either existing facilines or vvilt be provided by the
apphcant upon finalization of this short subdivision as condYtioned by die Committee
wid zmplemented by the vanous County agencies
10 Evergrecn Road is a Pnnclpal Axtenal with an existing nght-of-way width of 60 feet
To unplement the future Artenal Road Plan, thc County Engineer has requested
dedication of an addztional4 fect of nght-of - 4vay on Evcrgreen Road
11 Twelfth Avenue is a Iocal access road with an exiseng nght-of-way width of 40 feet
To irvplement the future Artenal Road Placl, the County Enginecr has requested
ded.icaaon of an addiuonal 10 feet of nght-of -way on Twelfth Avenue
12 The proposed short plat wnll be served by a public water system provlded by ttie Vera
Water and Power Company «aste water disposal will be as audionzed by the Director
of Utilities
13 The applicant aggees to provide adequate screening and landscaping around the
proposed property that will be appropnate in Urban Residential-3 5(UR-3 5) zo»e,
and serve as a barner to Iessen any potentia.l noise impacts to trie neighbortlood
14 The proJect is exempt from environmental review under the State En-vuonmental Policy
Act pursuant to WAC 197-11-800 (6) (a)
DECISION
Based upon the above noted Finciings of Fact 1nd Conclusions, Short Plat Apphcation
SP-805-92 is hereby APPR.OVED unni February l, 1996, subject to condinons noted
below 1V.[ost of the conchtions of approval sliall be accomplished by the applicant ancUor
sponsor pnor to finaixzauon of the short subdlvision This decision is final unless
appealed i.n wnnng, consistent with adopted appeal procedures
'I'hese CojYditiUIflS of Apprmval apply to applicant(s), ownei (s) of the
property, heirs9 assigns or any successors-,n-interest to propcrty.
PLA►.1VNINGDEPAR'TIiR ENT CO NI) I"TIO NS
1 All cond.itions lmposed by the Planning Depa.rtment shall be binding on the
"Apphcarit", whic,h term shall iriclude the otivner or owners of the property, heus,
assigns and successors
2 The proposal shall comply with the Urban Resldenaal-3 5(UR-3 5) zone as amended
3 The final plat shall be deslgned substantlally in conformance wlth the preli.minary plat
of record No increase of density or number of lots shall occur without a change of
condhtion appucation submittal and approval
4 The Plaruning Duector/designee shall review any proposed final plat to ensure
eompliance with these Findtngs and Conditions of Approval
5 Appropnate road name(S) shall be uidicated
6 The prelurunary plat is given conditional approval for three (3) yeaxs, specifically to
February, 1, 1996 The applicant may request aii extension of tune by submitting a
wntten request approximately forty-five (45) days prlor to the above expuauon date
7 Appropriate uulxty easements shall be indicated on copies of che proposed fvial plat
Wntten approval of utility easements by appropriate utillty companies shall he received
with the subrrllttal of the final plat
8 Three (3) current cemficates of utle shali be furnished to t}ie Planrung Deparanent prior
to filmg the final plat
9 The Spokane County Planntng Department shall Prepare and record with the County
Auditor a Title Notice spcctfying a future land acquisition area for road nght-of-way
r ~
FINIDINGS AND DECISION SP-805-92 I'age 3
and uulities The reserved future acquisition area Title Notice shall'-> released, in full
or ul part, by the Planning Depariment The notice should be recordcd within the same
time frame as an appeal and shall provide the following
a At least 16 feet of reserved future acquisition area for road right-of-way and
utihties, in addition to the existing and/or newly dedicated nght-.af-way along
Evergreen Road NOTE T'he County iangineer has required 4 feet af new
dedhcation
b Future building and other setbacks required by the Spokane County Zorung Code
shall be measurcd from the reserved future acquisinon area
c No required landscaping, parking, '208' areas, drainfield or allowed signs should
be located wit}iirl the futtire acquisition area for road nght-of-way and utxlities If
any of the above improveznents are made witlun this area, they shall be relocated
at the applicant's expense when roadway improvements are made
d The future acquisition area, until acquired, shall be private property and may be
used as allowed in the zone, except that any implovementS (such as landscaping,
parlQng, surface drainage, draLnfield, signs or others) shall be considered intenm
uses
e The property owner Shall be responsible for re(ocating such "intenm"
improvements at the time Spokane Caunty makes roadway improvements aftcr
acquinng said future acquisiLion area
10 The final plat map shall Lndicate by a clelr, dashed line the reqwreci yard sethacks from
a11 pnvate, "Tract X" or public roads The dedication shall contain the following
statement
"Side yard and reai yard setbacks shall be determined at the time building pennits are
requested unless these setbacks are specifically drafted on this final piat 'I'he setbackS
indicated on this plat may be vaxied from if proper zonulg approvals are obtained "
11 A plan for water facfllnes adequate for domestic service and fire protection shall be
approved by the water purveyor, appropriate fire protecaon distnct, County Builcbng &
Safety Department and Counry Health Dismct The agencies will certtfy on the Water
Plan, pnor to the filing of a final plat, that die plan is in confonnance with theu
respective needs and regulations The Water Plan and cernfication shall be drafted on a
transparency sultable for reproduction and be signed by the pla; sponsor
12 The water purveyor shall certify that appropnate contrac,tual arrangements and schedule
of improvements liave been made with the plat sponsor for construction of the water
system in accordance with the approved VVater Plan The time schedule shall provide
for compleaon of the water system and inspect7on by the appropnate health authonties
pnor to apphcation for buildtng permits within the final plat The arrangements or
agreements shall lnclude a provision holding Spokane County and the purveyor
harmless from claims by any lot purchaser refused a building permit due to the failure
of the subdivision sponsor to satisfactonly compiete the approved water system
13 The final plat dedicatxon sllall contain the following statement
"The pubhc water system, pursuant to the Water Plan approved by county and state
health authonties, ttie local fire protecuon dhstnct, Caunty Building & Safety
Department and water purveyor, shall be znstalled within this subdivision, and the
apphcant shall pro«de for individual domesnc water service as well as fire protection to
each lot pnor to saie of each lot and pnor to issuance of a building permit for each lot "
~
14 No building pemru.t will be issued for any lot within the final plat until cerhfied by a
Washington state-licensed engineer that "the water system has been installed pursuant
to the approved Water Plan for the final plat" mcluding a signed license Stamp The
cernf'ication may be in the form of a letter, but is preferred to be certified on a copy of
the Water Plan as a sc.hematie map showing the "as-buiIt" watcr system
15 The Water Plvi an.d the above four (4) condinons of approval regarding the Water Plan
may be wauved by the Planning DuectorJdesignee upon receipt of letters from the
appropnate water purveyor and fire protection distnct stating that simple corinections to
an existliig, approved water system will provide adequate domest-c and fire protection
water to ecisure the public healtli safety and general welfa.re
~
rINDINGS AND DECISION SP-805-92 Page 4
16 A SLuvey is requur;d prior to the filing of a final plat
17 The applicant sha11 provide typP I landscaping stnp wrth a miniinum wldth of ten (10)
feet aloiig the side and rear property lines that are not abutting any public street, as t,ited
in the Spokane Coeinty Zoning Cacie In additlon, a Six (6) foot high, sight obscunng
fencing will be piovTded along the side and rear proposeci property lines
18 The applicant sh1I1 provide t}Te ITI landscaping strip wxth a ununitnum width of five (5)
feet al.ong Evcrgreen Raad and Twelfth Avenue, as cited in the Spokane Coujlty Zoning
Code
C'OUIVTY E?VGINEER°S IDEPAIZ'F1VIENI' CC)NDITI0Ii1S
1 The condhtional approval of ttie Plat is given by the County Engineer suhject to
dedlcauon of nght-of-way and approval of ihe road system as indicated in the
prelirnlnary plat of record
2 No constructian «ork is to be performed w; hin the existing or proposeci pubhc nght-
of-way until a pen-rvt has been issued by the County Eiigineer All work lz subject to
inspection and approval by the County Engineer
3 Individual driveway access permits are required pnor to issuailce of a buildirig pernlit
for dnveway approaches to the county road system
4 Dedlcation af 4 fc;et of addttional nght-of-way along Evergreen Road is reqliLred
5 Dedicatton of 10 feet of adchtionai nght-of-way along Twelfth Avenue is requu-ed
6 A statemerit shall be placed in plat dedication that no direct access be allowecl from lot
"A" to Evergreen Road
7 Exlsting county roads providing duect access to the plat shall be paved andlor curbed to
Spokane County standards
8 Sidewalks are reqtiued along the artcnal on Evergreen Road
9 'I'he word "applicant" sljall include tlie owncr or owners of the property, his lieu s,
assigns and succ,essors
10 To construct the mad imProvernents stated hereln, the applieant may, with the approval
of the Couilty Engi neer, Jotn iri and be a tvllll.ng particlpant ln any petition or resolution
which purpose is tl-ie formatlon of a Road Improvement Distnct (RID) far said
improvements, pursuant to RCW 36 88, as amended At suc}i time as an RID is
created or any Road Improvement Project iS sanctioned by Spokane County, the
improvements reqvireci (eurb, siclewalk, cLamage eontrol and paving to existmg
pavement) wnll be at the sole expense of the underslgned owner(s), their heirs, grantees
and assigns This provision 1s applicable to Evergreen Road and Tweifth Avenue
11 As an alternative method of construcang the road Ymprovements Stated herein, the
applicant may, Nvith the approval of ttie County Engineer, accomplish the road
unprovements state,d herein by jolning and parncipating in a County Road Project
(CRP) to the extent of the requLrP,d road improvements At such time as an RID is
created or any Road Improvement Project Is sanctioned by Spokane County, ihe
itnpmvements req!iued (curb, sidewal.}:, ciraunage control and pavrng to existing
pavement) will be at tlie sole expense of the understgned owtier(s), their heirs, grantees
and assigris This provision is applic,zble to Evcrgr-een Road and Twelfth Avenue
12 The following staterrient shall be placed .1I1 Lhe plat dedlcatton
"The owner(s) or successor(s) in interest agree to authonze the County to place
their name(s) on a petition ior the fo-rmation of a Road Improvement Dzstrict
(RIID) by the petition metliod pui suant to Cijapter 36 88 RCW, whic}i petition
includes the owner(s)' property, ard further not to object, by the signing of a
ballot, to the formation of an RID by the resolub.on method pursuant to Chapter
36 88 RCW, which resolution includes the owner(s)' property If an RID is
form, ed by either the petition or resolution metllod as provided for in Chapter
36 88 RCW, the owner((,) or successor(s) fcuther agree
.
FINDINGS AND DECISION SP-805-92 Page 5
(a) that dic improveme;lt(s) oi constniction contemplated witliLn ttie proposed
RID is feasible,
(b) that the benefits to be denved froin the formation of die RID by dle property
included therein, together with the amount of any County participaaon,
exceed the cost and expense of foz-inanon of the RID, and
(c) that the property witivn the proposed RID is sufficiently developed
Provicled furdler that the owner(S) or successor(s) shall retun the nght, as
authonzed under RCW 36 88 090, to object to any assessment(s) on the
property as a result of the improvements called for in conjunction with the
formation of an RID by elther p°tition or resoluuon method under Chapter
36 88 RCW, and to appeal to t1lc; Supenor Court the decision of the Board
of County Comrrvssioners affirming the finai assessment roi!
It is fiirther agrecd t1hat at suc'il tiine as an RID is created or any Road
Improvenlent Project is sanctioned by Spokane County, the unprovements
requu-ed (curb, sidewalk, dramage control and paving) wdl be at the sole
expense of the undei signed owner(s), theu heirS, gantees and assiglis
without participaaon by Spokane County
The RID waiver contained in this agreement shall expire after ten (10) years
fiom the date of eaecub.on below However, the owner(S) or sucCessar(s)
agree that uf said RID waiver expires without construction of thc re.quirecl
improvements, the owner(s) ox successor(s) agree to construct the required
improvements at their own expense, pay to Spokane Couniy the then
estunated cost of the required improvements to enable the County to
complete the same, or furnish a bond or other secure method suitable to the
County (wh.icli may vlclude che execution of another RID waiver agreement)
providing for or secunng to the Counry the actual construceon of the
improvements
All af tfie reqwrements of this agreement shall run widi the land and shall be
binding upon the owner(s), their successor(s) or assign(s) " Thls provision
is applicable to Evergreen Road and Twe?fth Avenue
13 The Counry Engineer has deszgnated Typical Roadway SecUOn Number Two, Principal
Artena.l standard for the impiovement of Eveigreen Road, which is adjacent to dhe
proposed development Th1s «iil reqtiue die addition of approximately 13-15 feet of
asphalt along the grontage of the developinent The construction of curbing aild
sidewallk is also rcquired
14 The County EngYneer has designated Typical Roadway Section Number Two, Local
Access standard for the improvement of Twelfth Avenue, which is adjacent to the
proposeti development This wiIl require the addition of approximately 8-10 feet of
asphalt along the frontage of the developnlent 7['he construction of c,urbing zs also
required
15 The proposed subdivisiori shall be irnproved to the standvrds set forth in SFak:ane
County Board of Cominissioners Resolution N0 80-1592, aS amended, wtueh
resolution establishes regulatienS for roads, apProaches, drainage and fees in new
construction
16 The County Eilgineer has examined this development proposal and has detcmuned that
the impact of thls proposal upon the existing county road system warrants the
dedication of addirional ragtlt-of-way and th° roadway improvements herein specified
The applicant shall dedicate die applicable radius on Evergreen Road and Twelfth
Avenue
. ~
t8 The County Artezal Road Pla~n identifies EverUreen Road as a Principal w-tenal The
existi.ng nght-of-way width of 60 feet is not consistent with that specified in the Plan
In order to iniplement the Artenal Road Plan, in addition to the requu-ed nght-of-way
derlication, a smp of property 16 feet in width along the Evergreen Road frontage shall
be set aside in reserve This property may be acquued by Spokane County at the time
when arterlal improvements are made to Everb een Road
FINDINGS AND JQECISION SP-805-92 Page 6
19 There may exist ualities, either underground or overhead, affecting the subject
property, includhng property to be declicated or set aside for fuCure acquisinon
Spokane County assumes no financxal obligation for adjustments or relocation
regarding these udlines Applicant(s) should check with the applacable utility purveyor
and the Spokane County Eng7neer to deternltne whether applica.nt(s) or the utility is
responsible for adjustment or relocation cos'Ls and to make arrangements for any
necessary work
CO V NTY HY:tSHHJTH MTRICT CONDITIONV
1 The final plat shall be designed as indicated on the preliintnary plat of record and/or any
attached sheets as noted
2 Appropnate utility eascments sllall be indicated on coples of the prelirrunary plat of
record for dlstnbuton by the Plwlning Department to the uulity companaes, Spokane
County Engmeer and the Spokane Cou.nty Healtti Distnct Wntten approval of t}Ze
easements by the utality companies must be received pnor to the subcnittal of the final
plat
3 Sewage disposal metliod shall be as authonzed by the Duecter of Utilities,Spokane
County
4 Water service shall be coordiiiated through t}le Duector of Utilities, Spokane County
5 Water service shall be by existzng public water supply when approved by the Regional
Engineer (Spokane), State Department of Health
6 Pnor to filing the final piat, the sponsor shall present evidence that the plat lies within
the recorded service area of the water system proposed to serve the plat
7 Pnor to filing the final plat, the sponsor shall demonstrate to the satisfaction of tlle
Spokane County Hea.lth DiStrict that the existing on-site sewage disposal system(s)
servmg tracts A and B are wholly located within the boundanes of the tracts
S Subject ta specific applicdtion approval and issuance of pernuts by the healtll officer,
the use of (an) indivldual on-site sewage disposal system(s) may be authonzed
9 The dedicatory laiiguage of the plat will state "Subject to specific application approval
and issuance of permits by the Health Officer, the use of individual on-site sewage
system(s) may be authonzed "
10 The dedlcatory language an the plat shall state "Use of pnvate wells and water
systems is prohibited "
l. l The plat dedication will contain a statement to the effect th-t "The public water system,
as approved by county and state health authonties, the local fire d.istnct and purveyor,
will be installed within this plat, and the subdivider wlll provide for individual domestic
water sezvzce as well as fire protection to eac h tract prior to sale of each tract "
12 Pnor to fihng the final plat, the sponsor shall demonstrate to the satisfaction of the
Spokane County Health Distnct that an adequate and potable water supply is available
to each tract of the plat
COLJN'I'Y iJTILh'TIES DEPA,R'I'MEN'I' COtVDITIONS
1 Pursuant to the Board of County Commissianers Resolution No 80-0418, the use of
on-site sewer disposal systems is hereby authonzed This authonzauon is condctioned
on comphanc,e with all rules and regulations of dle Spokane County Health Distnct and
is further condinoned and subject to spec.ific application approval and issuance of
perniits by thc Health Disti-ict
2 The dedlcation shail state
"The owner(s) or successor(s) in interest agree to authonze the County to place their
name(s) on a petition for the forcnation of ULID by petition method pursuant to RCW
36 94, which petitjon includcs ttie owner(s)' property, and further anot to ob,ect by the
slgnlng of a protest petition ag.ilnst the fonliation of a LTLID by resolunon inclhod
FINDINGS AND DECISION SP-805-92 Page 7
pursuant to RCW Chapter 36 94 which uieludes the owner(s)' property PROVIDED,
thls condition shall not prohibit the owner(s) or successor(s) from objecung to any
assessment(s) on ttie property as a result of unprovements called for in conjunctxon
with the formaaon of a ULLD by either peunon or resolution method under RCdV
Chapter 36 94 "
3 Any water service for this project shall be provided in accordance with the Coardinated
Water System Plan far Spokane County, as amended
4 The dedication shgl state "Each new dwelling unit shall be double-plumbed far
connection to futUre areawide collecaon systems "
l3UIL.DIIVG AnID SA.FE'I'Y ~EPA.kZ'T1VIEN'T CUNDII'IOIVS
1 The requu-ed fire flow for any buildhng or subd.ivision is determined by building size,
type of construction and proximity of exposures Based on information presented to
this office regarding this subdivision, the minlmum fire flow established by code of
500 gallons per minute for 30 rninutes is being required
t1PPROVED THE DAY QF JANUARY, 1993
4
TIM LAWI-iEA.D, AICP
Planner II
For John Todd, Planner I
Uiider State Law and County OrcLnance, you have the nght to appeal this decision to the
Spokane County Heanng Examiner Comnuttee Upon receipt of an appeal, a pubhc heanng
wiil be scheduled if you desue to file such an appeal, you rnust subriut a letter along with the
appropnate processing fee, payable to the Spokane County Treasurer, within ten (10) calendar
days from the date this decision is signed
If you have any quesnons, please call the Planili.ng Department at 456-2205
pc County Engineer
County Utihties
County Health Dismct
County Building & Safety
Fue Dismct No 1, Clyde Wisnor, 10319 East Sprague Avenue, Spokane, WA 99206
Simpson Engineenng, North 909 Argonne, Spokane, WA 99212
Karen Stephens, 13917 East 12th Avenue, Veradale, WA 99037
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