TUE-1-94
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BUARD UF AllJ USrI'MEN"I'
SPOKANE COUNTY, WASHINGTt)N
IN THE MATTER OF APPEAL OF ) FINDINGS OF FACT,
ADMINISTRATIVE DETERMINATION ) CONCLUSIONS,
TUE-1-94 TO DENY A 6-MONTH ) AND DECISION
TEMPORARY USE PERMIT )
FILE NO.: TUE-1-94 ~i~LE1Vt~
COMPANION FILES: Spokane County Division of Buildings
File for 14323 E. 12th Avenue L 2 01994
APPLICANT/APPELLANT: BARRY BUCHER Gaunty Engineerin;
SITE SPECIFIC LOCATION: Generally located north of and adjacent to 12th Avenue
approximately 1/4 mile east of Evergreen Road in Section 23, Township 25N, Range 44EWM,
Spokane County, Washington; and is legally described as: the East 1/2 of the West 1/2 of
Block 160 of Vera, Except the North 320 feet, situated in Spokane County, Washincyton;
14323 E. 12th AvenuC.
PARCEL NU~ti1I3LIZ; 45233.11()5
BACKGROUND REGARDING ADMINISTRA7'IN'E
DETERMINATION & APPEAI:
The applicant/appellant requested an Administrative Deternunatiorl toi- a b-iiiunth '1'ernporar,
Use Permit which would allow the lawful continuance of an existing (illegal) manufactureci
home on his property. The manufactured home is the second of two dwellings located on tlli ~
parcel. The Zoning Code of Spokane County, § 14.416.000, states there shall be only one
residential dwelling unit per buildable lot. The appellant Bucher sought relief to continue the
presence of this second dwelling for six months. The formal decision denying the Temporary
Use Permit was issued March 1, 1994 by the Spokane County Planning Department. The
decision was appealed in a timely fashion on March 21, 1994. The Case Before the Board of
Adjustment was conducted on June 15, 1994 and involves a review of the Planning
Department's Admimistrative Determination to deny the 6 month Temporany Use Permit.
FINDINGS OF FACT
AND CONCLUSIONS
1. The proposal is described above and detailed in documents contained in the file
(TtJE-1-94).
2. The Administrative Determination (TUE-1-94) of the Spokane County Planning
Department issued on March 1, 1994, is accurate in its Summary of Facts and is incorporated
herein by reference, except for Finding of Fact No. 12 which is not relevant to this case.
3. The proper legal requirements for advertising of the hearing before the Board of
Adjustment of Spokane County have been met, of the Spokane County Zoning Code.
4. As per Chapter 14.510, Temporary Uses, of the Spokane County Zoning Code, a
Temporary Use Permit may be granted for not more than a six month period. The proposc~ ~
~
cASE INU TuL-1-94 sPoKA~ti~E cc~U'l","1NBOAfzD cA~ .AD1usIf:PAclE 2
use has been established ui violation of the Loning Code for a period exceeding 6 months and
as such a further extension of the use is inconsistent with the provision of Chapter 14.510.
5. As disclosed in the public hearing, the current use of the manufactured home as a
dwelling includes the removal of the wheels, construction of skirting, provision for utilities,
and occupation as a residence. Considering these factors, it is the oplnion of some of the
Board that the proposed use dces involve the erection of a substantial structure which is
inconsistent with the provisions for granting a Temporary Use under Chapter 14.510 of the
Spokane County Z,oninLTCode.
6. Mr. Dw,i~ht Hunie suhtnittrci a writte►l illinority opiniorl which st.it« :i~ f'ollo~,;,~:
"While the Board is in full agreement with Finding No. 4 above, (and said
finding is, in and of itself, sufficient grounds for denial), the Board differs
on Finding No. 5 above. Accordingly, Board members Hume and Powel
find that the spirit and intent of the Spokane County Zoning Code regarding
Chapter 14.510 (Temporary Use) is to allow any use which, subject to~
review and approval, is found to:
a) be compatible with the adjacent land uses;
b) not exceed a duration of six month; and,
c) not be of such 'substanrial improvement' as to catise an extraordinar~
burden in the removal and phase out.
Accordingly, we believe that a mobile home can be al loweci as a ten
use since it does not create an extraordinary burden of removal and itherefore, not a 'substantial improvement.' it
DECISION
From the foregoing Findings and Conclusions, the Board of Adjustment affirms the
Administrative Decision of the Spokane County Planning Department and DENIES the
proposal as set forth in the file documents.
DATED this ~ day of July, 1994.
BOARD OF ADJUSTMENT OF SPOKANE
COUNTY, WASHINGTON
Vict astlebeny, MD, Chairperson 170
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Dwight I-lume
HD/CUE-1-94 Buchcr B/A dccision
CASE NO. TUE-1-94 SPOK:ANE COUNTY BOARD OF AD7USTMENT PAGE 3
Robert M. Will ~
" ~~ott R. nuth -
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'Paul E. Eic
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Dr. Wiryne D. wel ~
,
Martin Hibbs
FII.ED:
1) Applicant (Certified/Return Receipt Mail)
2) Opponents of Record (none)
3) Spokane Division of Engineering and Roads
4) Spokane County Health District
5) Spokane County Division of Utilities
b) Spokane County I?ivision of Buildings, Bill Benish
7) Spokane County Fire Protection District No. 1
8) Planning Department Cross-reference File andJor Electronic File
9) Prosecuting Attorney's Office, Attn: Fra.nk Christoff 10) Vera Water & Power
APPEAL SHALL BE TO A COURT OF COMPETENT JURISDICTION FOR A WRIT OF
CERTIORARI, A WRIT OF PROHIBTTION OR A WRIT OF MANDAMUS WTTHIN 10
DAYS OF THE DATE OF THIS DECISION. (Section 14.412.042 1 of the Zoning Code for
Spokane County).
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BEFORE SPOKANE COUNTY PLANNING DEPARTMENT RECF1VED
PiAK a 1 1994
h
IN THE MATTER OF ZONING FINDINGS OF FA~CoT~ ~~~F-4WEEa
)
CERTIFICATE FOR A TEMPORARY ) CONCLUSIONS AND
USE PERMIT TUE-1-94 ) DECISION
THIS MATTER, an application for an Temporary Use Pernut, has been received and
decided upon, pursuant to The Spokane County Zoning Code regulations, on the
day of Ma.rch, 1994.
FINDINGS OF FACT AND CONCLUSIONS
1. The individual signing below has been properly delegated the responsibility for
rendering this decision by the Spokane County Director of Planning.
2. The proposal is to allow a second residence on a parcel until a suitable property
has been found to relocate the second residence. Note: The second residence, a
manufactured home, is currently located on the site and occupied.
3. The proposal is generally located north of and adjacent to 12tli Avenue
approximately 1/4 mile east of Evergreen Road in Section 23, Township 25 Nortll,
Range 44 E.W.M., Spokane County, Washington; and is legally described as: the
East 1/2 of the West 1/2 of Block 160 of Vera, Except the North 320 feet, situated
in Spokane County, Washingtoii. The site address is E. 14323 12th Avenue.
4. The cuirent zoning of the propeny described in tle applicatioil is tirbal
Residential-3.5 (UR-3.5), previously established as Agricultural zoning in 1942
(ZE-62-42) and redesignated to Urban Residenrial-3.5 (UR-3.5) on January 1,
1991 consistent with the Program to Implement the Spokane County Zonin`~
Code.
5. The Spokane County Comprehensive Plan designates this area a5 tirban. The
Urban category is primarily for the development of residential uses.
6. Agencies having a potential interest in the property were notified and
recommendations solicited, and the required public notice is provided for this
decision.
7. A letter received from Spokane County Fire Protection District No. 1 on February
17, 1994 indicates that they have no objection to the issuance of a temporary use
permit for this parcel.
8. The project is exempt from environmental review under the State Environmental
Policy Act pursuant to WAC 197-11-800(1)(i).
9. The applicant is currently involved in an enforcement action initiated by the
Spokane County Departrnent of Buildings. On May Sth, 1993 the applicant was
informed that he may be in violation of Section 301 of the Uniform Building C(-X-ie
which requires a bui.lding permit prior to placement of a mobile home on the
property. Follow up correspondence with the applicant was unsuccessful in
resolving the violation, and on August 18, 1993 the Deparnnent of Buildings filed
an Affidavit of Probable Cause concerning the Building Code violation. Ttle
Prosecuting Attorney's Office is pursuing the violation in District Court.
10. The subject property is in violation of Chapter 14.416 and 14.616 of the Spokane
County Zoning Code. Chapter 14.416 states in part that:
There shall be no rnore than one (1) residential dwelling un it per
buildable lot tirlless specifically perniitted hy the zoiie.
In this case, d1e subject property is in the Urban Residential-3 ).5 zone (Chapter
14.616) which does not pennit two separate residenrial dwellings on a sin cTle lot.
~.l I ~ :A•_; ~ ;;,1,; ~ _ _ , _ _
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11. The applicant participated in a preliminary short plat conference on June 1 st, 1993
with the Planning Deparnnent. The preliminary conference provides the required
information to be submitted prior to acceptance of an application for a preliminan,
short plat. While the submission of a short plat application would have addressed
the Zoning Code and Uniform Building Codes violations, the applicant did not
pursue this option and a short plat application was not submitteci.
12. Numerous cars and trucks are stored on the site and may be in violation of the
Storage Standards for the Urban Residential-3.5 zone (Chapter 14.616.355). The
storage standards allow only two unlicensed or inoperable vehicles and reqtiire
screenin(T, tlnless the vehicles are entirely enclosed N~-ithin a buildin~.
I)El C I S CC>N
BASED UPO~ TIE AI30VE Findings oi Fact aId Conclusions, 'I'einpor~a.ry Lise
Application TtTE-1-94 is hereby DENIED. This decision is final unless appea1ed in
writing, consistent with adopted appeal I,rcx,ccilires.
DATED THIS
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HN P DERS N
ENIOR PLANNE R
for STEVF DAVENPOR"I'. PLANNF-J: I
liilder State Law and Couilty C:ode, you llave tlle right to appeal tllis decision to th;•
Spokane County Board of Adjustment. Upon receipt of an appeal, a public hearing "-ii'
be scheduled. If you desire to file such an appeal, you must submit a letter along with
the appropriate fee, payable to the Spokane County Planning DePartment, within twent,,
(20) calendar days from the date this decision is signed.
Ifynu have any questions Please call the Pla.n.ningnen~~_~~~~cr~t 2='H:~.
pc: County Enginec r
County Utilities
County Health Disu-ict
County Building and Safety, attn. I3i11 Lenish
Spokane County Fire District # 1
Vera Water and Power
Prosecuting Attorney's Office, attn. Frank Christoff
M r. B, Irr%, B t"che.r. 1-1 '12~ E. 1''t1l ~\~entle. N'er, lcl,1 lc, ~~~:1 ~?~)O;7
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ENGINEER'S REVIEW SHEET
BLDG. PERMIT # -or -FILE# TITF =001- ~
Related File # ( )
Date to Review 2•23-94 Time #
Date to AA & DR Time
Date Received 2-8-94
Project Name 2ND RES ON PARCEL MOBILr HOME No. Lots 1 No.Acres 52,SF
-Section - Township - Range
SITE ADDRESS N 12TH/W CALVIN PARCEL # 23543-1105
Applicant's Name I3A1ZRY F3UCI-II,R Phone # 928-3531
Address 14323 E 1241I-VERA.DALE WA 99037 Work # 926-6246
Date Conditions mailed ^ - '
Contact person Phonc #
Planning Contact Person STEVE DAVENPORT Phone # 456-2205
T)-itc Submitted Description Initials
/ AGREEMENT TO PAY FEES OR PRIORITY FEE COMPLETED & COPY TO ACCOUNTTNG
/ FINAL PLA,T FEES COMPLETED & COPY TO ACCOUNTING
NO"I'1CETO I'UI31,1(-' # t 3 4 (i C'OMPI.ETED - OR NEEDS TO BE SIGNED
DI:SIGN DLVIA"CIO?v` SUBMIYI'[:ll l / ALTERATION TO PLAT - BLOCKS & LOTS
HEARING F.XAM APPROVED _DCNIED-_APPE'1LED BBC / PROJl:CI' Ai'PROVED vENIGD
,
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k1p'I\review.for
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OFFICE OF THE SPOKANE COUNTY ENGINEER
1026 W Broadway Ave, Spokane, WA 99260-0170 (509)456-3600 Fax 324-3478
-TEMPORARY USE REQUIREMENTS-
TO: Spokane County Planning Department, Plats Administrator
FROM: Division Of Engineering & Roads _,5e~K eNtieLNAA-io
DATE: February 23, 1994
SUBJECT: 8P I TIIE001-94 I BIICHER, BARRY
The followinq "Conditions ot Approval" for the above referenced temporary use
permit applicatioa are submitted to the 8pokane County Planninq Department
for inclusion in the "Findinqs and order" ahould the permit be qranted.
E64 We have reviewed the above referenced proposal and have no comments to
make concerning the application.
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S P O K A N E C O U N T Y
PLANNING DEPARTMENT WALLIS D. HUBBARD, DIRECTOR
MEMORANDUM RECEVED
T0: spokane County Engineei's Deparmnent F E B 0 8 1994
Spokane County Urilities Department
Spokane County Health District SPOKANE COUNT~ ~NGINE~
Spokane County Buildiag and Safety Deparnnent
Spokane County Fire I?istrict # 1
Central Valley School District
Vera Water and Power
FROM: Steve Davenport, Planner I 30!~~O>
DATE: February 9, 1994
SUBJECT: Temporary Use Permit #TUE-1-94
Attached is a copy of the application and proposed Temporary Use Permit site plan
submitted by Barry Bucher for temporary locaiioa of 2 residences on 1 parcel of land while
an alternate location for the second residence is soughL
Please review this proposal and return your comments and recommendations by February
23, 1994. If you have any questions regard.ing this file, you may contact me at 456-2205.
Thank you for your prompt attention.
rP
Enclosures (map and application)
c: Barry Bucher, 14323 E. 12th Ave, Veradale WA 99037-9610
WEST 1026 BPOADWAY AVENUE • SPOKAIvE, WASHINGTON 99260-0240 •(509) 456-2205
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• SPOKANE COUNTY PLANNING DEPARTMENT
TEMPORARX USE PF,RMIT APVLI(:ATI()N
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Certificate of Exemption No.: • Application No.: 'T
Name of Applicant: Agent: Y N
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Street Address:
Zip Phone - Home: PZ- F Jrz1
State: Code: ~S'-07 7 Work: ¢e- c G 3<e
Agent's No.:
Name of Property Owner(s):
S treet Address: / 1 -r
Zip Phone - Home: C Z7' 3~-7 /
City StateCode: -77 Work: Sz ~ G~~c,
PROPERTY INFORMATION
•Existing use of property:
•Detailed description of proposed se-Qf the property (attach ad 'tional inf ^mation if necessary)
on 5tle
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c~a s (
•Streeta ess oprop rty ' own Pet
: ~--t- ~
•Parcel number: c s ~-3 g i /a 6-
•Legal description of prop l(include ea eme-it if app ' abl
- ~ ap) ~
uT::~e6
•Source of legal:
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•Total amount of adjoining land controlled by this owner, sponsor and/or agent: 110,
•What interest do you (applicant) hold in the property? •
SIGN-OFF BY COUNTY DEPARTMENTS AND OTHER AGENCIES
SPOKANE COUNTY EALTH DISTRICT
r
a) Proposed method of water supply: ,
b) Proposed method of sewage disposal:
'L -
A pyGl~ 'nary co 'on has been held to scuss e pro o. The applicant has been ~
inf of r ir . s and s ards.
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Signature) ate) (Sign-off Waived)
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/ .
TEMPORARY USE PERMIT APPLICATION, Page 2 of 3
/
SPO NE COUNTY NGINEER'S DEPARTMENT
A prelimin con tion has been eld to discuss the proposal. The applicant has been
informed ~ui e s and s~ ds. Q
" nature) (Date) (Sign-off Waived)
(Sig
,
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~ . . _ . . _ _ . ~ .
SPOKANE COUNTY UTILITIES DEPARTMENT
A preliminary consultation has been held to d.iscuss the proposal. The applicant has been
infoLm- ed of requirements ~,,,ndstand ~ -
. ~ ~ f-° ~ 7 f
Signature) _/1" (Date) (Sign-off Waived by Utilities)
The applicant is required to d.iscuss the proposal with
to become informed of water system requirements and
standards. (See Water Purveyor below)✓
WATER PURVEYOR
a) The proposal is 1s4et located within the boundary of our future service area.
b) The proposal is is-met located within the boundary of our current district.
c) We are are-rdt able to serve this site with adequate water.
d) Satis actory arrangements have • een made to serve this proposal.
(Signatwe) (Date) (Sign-Off Waived)
FIRE PROTECTIUN DISTRICT
a) This proposal is within FVave-,)have ection District No.
b) Adequate arrangements not been made to meet our needs in providing for
an adequate wa . system and facilities for the fire protection purposes.
;V
r ' (Signature) r (Date)
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TEMPOR.ARY USE PERMIT APPLICAT'ION Page 3 of 3
S'I'ATE OF WASHINGTON ) S S
COUNTY OF SP4KANE )
I S WEAR/AFFIRM, UNDER PENALTY OF PERNRY, THAT:
(1) I AM THE OWNER OF RECORD OR AUTHORIZED AGENT FOR THE PROPOSED SITE;
(2) IF NOT THE OWNER, WRITTEN PERMISSION FROM SAID OWNER AUTHORIZING MY ACTIONS
ON HIS/HER BEHALF IS ATTACHED: AND
(3) ALL OF TI-E ABOVE RESPONSES AND TH4SE ON SUPPORTING DOC'UMENTS ARE MADE
TRUTHFULLY AND TO THE BEST OF MY KNOWLEDGE.
Signed: 17 S
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Address: I 1~ 1Z1 /5"
Phone No.:
Date: /
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Not Pu in and the state W shington
c~ NOTARY N
~ pUgUC = Residing
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My appointment e pires:
~R WA$1~►
FOR STAFF USE ONLY
Sectiona7~ Township angej~l Parcel Number
-Lot and legal checked by: •Easement legal checked by:
•CWSSA Water (purveyor): a •UL Gode'd:--Y I4--
try .q cn ~Stylc ~
•Zoning: " ~ • • ite area:
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•A.rterial Road Plan designation• ~ omp. Plan designarion •
•Fire District: f~ •Personnel doing preapp conf.: _
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•Other/previous Planning Department actions involving this property: ~'t~ • aint. ee en checked by: Acceptanc ate R6A~Y-
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Draw sketch with dimensions showing: (1) property lines; (2) street or road 1
proposed buildings; (4) distance to property lines ar.d streets; (5) dimensions of
tem and water supply lines. . . . ~ . ,
NORTH-
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I her by cert ify inf ' on sub 'tted is correct and there are no other str
~as show .
,
' Owner or Agent
A LAND US R STRUCTURE PERMIT MUST BE ON THE PREMISES BEFOiti
THIS IS NO~ A PERMIT. PERMITS ARE NON-REFUNQABLE AND NON-TRANS
DO NOT WRITE BELOW THIS LINE.
. /j,Your street address will be ~-3z ~ ~ A~ .
Sewage Permit Number Issued Building Permit . ,
, R.emar ks N U C- bMM~ c_-1 ~
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~ Forii, 523 6ldg. Code
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SPOKANE COUNTY PLANNING DEPARTMENT
TF,MPnRARY [JSE PERMIT APPLICATInN
Certificate of Exemption No.: Application NT(,Name of Applicant: •~u- ~.F` Agent: Y I\:
~
Street Address:
~ Zip Phone - Home: O~z F..~f'.~ ~
City:l/~ State: Code: ~~-'177 Work: ¢e-. e G 3 r..~'
Agent's No.:
Name of Property Owner(s):
Street Address: 3
~ / Zip Phone - Home:
State:C,'Code: 0-77 Work: 5z 6.
PROPERTY INFORMATION
~
•Existing use of property:
•Detailed description of proposed use of the property (attach addirional infonnation if necessary) •Street address of property (if known): S~--r-
•Parcel number: q s 2, 7s '3 . i 10
e
•Legal description of property (include easement, if applicable):
•Source of lebal:
•Total amount of adjoining laild controlled by Uiis owner, sponsor and/or agent:
•What interest do you (applicant) hold in the property?
SIGN-OFF BY COUNTY DEPARTMENTS AND OTHER AGENCIES
,
SPQKANE COUNTY 1EALTH DISTRICT
~a) Proposed inethod of water supply: `
b) Proposed method of sewage disposal; ' 1
~ -
A R ary co 'on has been held to criscuss e pro o. The applicant has been ~
inf f r is and snards. ture) ate) ~ (Si~n-off Waived)
JRARY USE PERMIT AI'PLICATION Page 2 of 3
;
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*,,don E COUNTY NGINLLR'S DEPARTMENT
A preliicoil has been eld to discuss the proposal. The applicant has be~~~i
informean~~ ards.
-
" Si nature ~ ate Si n-off Waived Cg CD ) Cg )
.
L r• . _ _ . - . , , r1 .
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~POKANE COUNTY UTILITIES DEPARTMENT
. preliininary consultation has been held to discuss the proposal. The applicant has been
infop1ed of requirements nd standar.
~
(Signature") ` (Date) (Sign-off Waiveti by Utilities)
The applicant is required to discuss the proposal with
to become informed of water system requirements and
standards. (See Water Purveyor below),WATER PURVEYOR
a) The proposal is is-net located within the boundary of our future service area.
b) The proposal is is-wt- located within the boundary of our eurrent district.
c) We are are-tiM able to serve this site with adequate water.
d} Satisfactory arrangements have #e*e-aet-been made to serve this proposal.
(Signature) (Date) (Sign-Off Waived)
4 .-6-
FIRE PROTECTION DISTRICT
a) This proposal is withicl Fir~.Ndtection District No.
b) Adequate arrangements G1ave-)have not been made co meet our needs in providing for
an adequate wa system and facilities for the fire protection purposes.
~
(Signature) r (Date)
c
PERMIT CENTER PASSPORT
~
Date: /49/ Number: /
Name Phone
Comments:
CUSTOMER ROUTING
.
:
: > _ . ;
: : . .
SUrt1~iNG Department ;PLANNING-Department : ~ENGINEER'S;[~eparfinent ~
Addressing = Admin. Exception : Approach Pcrmit
BuUding Percnit ~ Arterial Rd Plan Info ~ Flood P1ain Percnit
Code Inforination ~ Binding Site P1ati Info , Public,/Private Roads
Commercial Review , Cert. of Exemption ~ Res. Bldg Permit Rev.
Coaferenae ~ Comprehensive Plan , Site Drainage Info
EEnergy Code Info = Cond. Use Perrnit ~ Subd'nrision Review
EFim Safety Review ~ Nocwamforrning Use ~ Utilicy Permit
EManufactured Home i Permit Review = Zone Change Rcview
EMechanical Pertnits _ Shore[ines Info
Other Permits Short Pfat Info N QUIRED
--t vurr Tune out
s Plutnbing Permits ~ Subdivision Info
- /
Private Road Info = TcmP. Use Percnit
t~ ~ _ p~ _ _
~ Residential Review i Variance App1. ~ APA Payment
C Perruits - ` Zone Clieck ~ Cerc. of Exemption
~ i Zone Info i Subdivision Review
ULID/Sewer Info
F ~ i Zone Change Review
~ NO FEE REQUIRED NO ME R,EQUIRED
Reviewer Tune out Revievuer Time out Revicwer Time out
MILS"iTRiPnSSPORt.CTR 2/16(93