HomeMy WebLinkAboutVE-79-89
I3 U A R ll U F A DJ USTMENT
SPUKANE Ct)UNTY, WASHINGTON
IN THE MATTER OF AN Al'PEAL OF THE )
ZQNING ADJUSTaR'S APPRUYAL ()F A )
MINIMUM LQT SIZE VARIANCE TUR A) FINDINGS OF FACT,
FRTVATE SCHUUL (SEMINARY) ) CUNCLUSIONS,
[YE-7949] ) DECISIUN AND 4RDER
APPLICANT: CHLIRCH +C}r JCSUS )
CHRIST QF LATTER DAY SAINTS )
APPELLANT: SUSAN MACKLIN )
ADDRESS: EAST 15507 11TH AVENUE PARCEL NUMBER: 24543-0101
APPLICATIQN DESCRIPTION: The appellant sought to have the Bvard of Adjustment
reveise the Zonmg Adjustar's vanance dpproval for a pnvate school (semunary) on one acre of
land adjacent sauth to Central Valley Hibh School. Secaon 4.05.065 (a) of the Zorung
Ordmance of Spok,ane Caunty requires a minYmum lot size of five (5) acr►es far a schoal use to
be pernutted. Authonty to consider ttie appeal is specified in Section 4.25.080.
PRUJEG"T LOCATION: The subject property is generally locatied at the nartheast
intersecaan of Sulhvan Road and 11 th Avenue m the Spokane Valley, SW 1/4 of Sectican 24,
Townsh2p 25N, Range 44EWM Spokane eaunty Parcel No. 24543-0101.
4PPUNENTS 4F RECORD:
1. Maniyn & Biil Wracom 2 Dbnna & Ronald Alfard
3 Frank Gibler 4 Patncia & Lloyd Keuiath
~ 5 Nancy & Francis Mutton 6 Susan & Wilham Macklin
7. Nvrval & Korlyn Luth
PUBLIC HEARING:
After vonsideration of all avaulable information on file, exiubits submitteci and testzmony
received dunng the course of the public hearing held on January 17, 1990, the Board of
Adjustmentrenders the following deciston
FINDINGS ()F F'ACT AND CONCLUSIONS
1• The proposal is desc.ribed above
2 The adopied Spokane Cvurity Cotiiprehensive Plan designates the area of the
proposal as Suburban The propotied use is generally consistent Wnth this category
3 The site is zoned Agric.ultur.tl Suburban, which allows the pmposed use upon ihe
granting of a vanance
r ~
CASE NO VE-79-89 SPOKANC COUN7'Y BOARD OF ADJUSTMENT PAGE 2
4. The existing land uses in the area of the proposal include Central VaUey High
School to the north and residential uses to the east, south and west, all of which are generally
companble vinth the proposal
5. The proposal is exempt from the provisions of the Washmgton State Environmental
Protection Act, Chapter 43 21C RCW pursuant to WAC 197-11-800 (6) (b)
6 The 7oning Adjustor of Spokane County held a pubhc hearmg on November 22,
1989 to consider the vanance and that on December 11,1989 d.id render a wntten decision to
approve the pmposal with conditions based on the Finduigs of Facts and Conclumons
contained herein
7. On December 12, 1989, dn appeal of the Zomng Adjustor's decision on VE-79-89
by the Zorung Adjustor was received by the Bo<<rd of Adjustment from Susan J. Macklin.
8. The apphcant has been made aware of the recommendations of vanous County and
Fue Distnct agencies reviewing this project and has indicated those recommendations are
acceptable. No agency has indicated a concern or problem with the proposal as subautted to
the Zorung Adjustor and the Board of AdjustmenL
9. The proper legal requirernents for advertising of the heanng before the Board of
Adjustment of Spokane County have been met
10. Tesumony and wntten cornnients were received regarding the proposal. Chief
„ conceans were that the proposal would create traffic and noise in the area that would adversely
unpact resideriaal values and the quality of life residents desued when they purchased theu
lots
Addsaonal concerns were nused that a vanance approval should not be granted for
the school use because the lot is substantially smaller than that requued for schools under
Zoning Ordinance provision 4 OS 065.
11. The curnent request is not the first ame a lot size vanance has been sought by a
panochial school. The Board of Adi ustmeiit approved a substantial lot area vanance in January
1984 for the Tree of Life Chrisuan School, (VE-177-83) based upon it's conclusion that the
needs of the school were substantially less than those of full scale schools and that the Zoning
O►ndinance Standards were intended to addres% the requimments of larger pubhc or parochial
schools wherre play fields woutd be reyuired as well as larger parking areas comrnon to these
schools
12 From the applicanc's test,mony and s►te plan the proposed faciliry vnll resemble a
single family residence and co,isi%t ot a total of 2,000 finished square feeL
13 Use of the school wil l be by students solely for religious training, students either
walk to the school from the adjo,iiiiib Centr.il Valley High School or are dropped off for
morrung sessions pnor to being t<<ken to their junior high schools A sidewalk currently
adjoins the proposed site along Sullivan Road to the Central Valley High School
CASE NO VE-79-89 SPOKANC COUN 1'Y IIOARD OF ADJUSTMENT PAGE 3
14. It was estimated by the applicants tliat no more than twenty-five students would be
at the building at one dme and none would be drrving to the schooL As noted in Finding 13,
junior tugh students would be car pooled in the morning which would result in added traffic at
the site. This traffic was esamated to be relatively small as approxunately twenty students
would attend early morning sessions and they would amve via car-pools A rehgious
instructor and secnetary are the only persons who will regularly dnve and parlc at the facihty
15. That the sub,Ject property adjoins Sullivan Road, a major artenal and has remained
vacant for many years. A number of those testifying indicated they were aware the church
owned the property and would lilcely develop it at some point
16 The applicant's representauve noted that the applicant unaally viewed thev request
as a church which would be an outright nermilted use in tlus zone. This view is held because
the sole use of the facility is for religious instrucuon and prayer for school aged children. The
Church subuutted the conditional permit request after dm-ussions with the Planning
Departwnt wluch ooncluded that the use functioned so closely to that of a school that it was
appropnate to view it as such even though religious trauluig is its maui ptnpose
17. The Board of Adjustment concurs with the Zoning Adjustor''s deternunation that the
request is for a school facihty in that it is intended to be run concurrendy vvith the pubhc
schools schedule. The facility also wiU noc be in use on weekends and evenings, nor have
regutar services wluch are offered by the Church at other locaaons
18. The Boand of Adjustment concurs with the Zonmg Adjustor's detennination that the
~ hrYUted nature of the schoolung acnvity, considenrig its slze and use, together vath the nature of
the proposed bwlding make the proposed vanance reasonable and in accord with variance
guideluies noted in the Spokane County Zoning Orduiance at 4.25.030 Specifically, the
Boand of Adjustment finds the request has been made largely oompatible vinth adjouung
pr+operties through landscaping, the saruccure's design accommodates the nse proposed while
miagaang adverse unpaccs to the residenaal neighborhood. Additional fencing and site design
features have been included as a partial site plan revision to address specific concerns raised by
area residents
19. The entine lot has been requested to be considered for the vanance, as such it is
appropriate to requm the lot be fully landscaped The improved lot vnll stop the use of the
northerly pornon of the lot as a temporary psrlung area and cleaning up the weeded area will
enhance residenaal astheacs. Fencing along the easterly and northly property line will enhance
residential pnvacy and protect the tidjoining property from Lghts from the school
20 With the condiaons of approval set forth below, the vanance will a) not consatute
a grant of special pnvileges incon%went w►th limitauons on other propernes in the vicinity and
similar zone, b) ensure that the intent and purpose of the Zoning Ordinance is achieved wnth
regard to location, site des,gn, appearanc.e, and landscaping, etc, and c) protect the
environment, public interest and beneral wclf,tre
21. The appLcant submitted .i revi%eci %ite plan relocahng the building as far north on the
property as possible to mitigate thc ,mp.u,t5 ta residential uses on Eleventh Avenue The
revised site plan was favored by mostof those who appeared to oppose the project
/
~
CASE NO VE-79-89 SPQKANE +CUUNTY BUAR.D OF A,DJUSTMENT PAGE 4
DECISION
From the fnregoing Findings and Conclusians, the Board of Adjusmmnt demes the
appeal and APPRUVES the proposal, subject to comphance with the following
CUNDiTIONS OF APPRUVAL
The followmg conditions shall apply to the apphcant, owner and suocessars in interest
and shall nin vvith the land
1. BQARD QF ADJUSTMENT
1. The appliccannt shall develop the site generally Yn confomiance vvith ihe new site plan
and pra►pcasal presented to the Board at the public heanng
2. A secunty fence sha11 be mstalled on the north property Iuie to lumt pedestrian
access
II. PLANNING DEPARTMENT
1. The apphcant landscape the full lot at the time a building permit is request+ed. The
landscaping plan shall be of lawn, shrubs and incorporate s2ght cabscuring fencuig along the
easterly barder of the property
ffi. DEPARTMENT QF BUILDING & SAFETY
1. The apphcant shall contact the Depattment of Building and Safety at the earliest
possible stage of design/development in order ro be usformed of Code requumments
admuustered,/enfcmced by the department, e.g , State Builduag Code Act regulations such as
mquYr=ents for firt hydrant/flow, fire apparatus access roads, street address assYgnment,
bamer-free re,gulations, energy code reguiauons, and general coardination wnth other aspects
of prvject unplementation
2. The issuance of a building pernut by the Department of Buildxng and Safety is
requimd
3 Requuements of Fire Discnct No I need to be saasfieti dunng the bwlding pernut
process
IV. UTILITIES DEPARTMENT
1 Pursuant to the Bvard of Gounty Commissraners Resolution No 80-0418, the use
of on-site sewer disposal systeilis is hereby authonzed This authonzanon is condivoned vn
compliance wnth all rules and regulations af tZie Spokane County Health Ihstnct and is further
~ A
CASE NQ VE-79-89 SP4KA►NE CQUNTY BOARD OF ADNSTMENT PAGE S
condiaoned and subject to specific apphcatian approval and issuanve of pennits by the Health
District,
2. Ile Owner(s) 0r Suocessor(s) in interest agree to authonze the County to place their
name(s) on a peddon far the formaeon of a tJLID by peation nethod pwsuant to RCW 36 94
which the petiaan includes the Uwner(s) pnoperty and furthe,r not to object by the sigrung vf a
protest pentian against the fornatian of a ULID by resolunon method pursuant to RCW
Chapter 36 94 which inciudes the 4wner(s) pmperty PRC3VIDED, this condition shall not
prohibit the Clwner(s) or Successcn(s) from objeaction to any assessment(s) on the property as a
result of improvements called for in cnnjuncnon with the formation of a ULID by either pedaon
or resoluaon method under RCW Chapter 36 94
3. Any water soernce far thus project shall be provided in accardance with the
Coordinated Water System Plan far Spokane County, as amended
4. The unit shall be double-plumbed for connection to future areawide collection
systems.
V. HEALTH DISTRICT
1. Sewage ciispasal method shall be as authonzed by the Director of Utthties
2. Water ser`riee shall be by an exisang pubhc water supply when approved by the
Re,gional Engineer (Spakane), State Department of Social & Health Services
V. SPUKANE CQUNTY ENGINEER'S UFFICE
1. Vehicles access to Su1hvan Road firom the propased proaect is prohibited. All
access to the Zot shall be from 11 th Avenue
CASE NO VE-79-89 SPOKANE COUNTY BOARD OF ADNSTMENT PAGE 6
DATF.D this'hkt day o , 1990
~n. ~r,~ I't't ~ ~.Dwight HA~ng Chmr
E B. Hamblin
~"'Ooelz
Panl Eiclun
Susann'S..Blakeley
Jce t
FILID• 1) Apphcant (Cemfied/Return Receipt Mail)
2) Paraes of Record
3) Spokane County Engineer's Office
4) Spokane County Health Ihstnct
5) Spokane County Uhlities Department
6) Spokane County Department of Builduig & Safety
7) Spokane County Fue Protecuon Distnct No 1
8) Planrung Department Cross-reference File andlor Electroiuc F'ile
NOTE• ONLY TI-E APPLICANT OR AN OPPONENT OF RECORD MAY FII.E AN
APPEAL WM-UN TEN (10) CALENDAR DAYS OF THE ABOVE DATE OF SIGNIlVG
APPEAL MUST BE ACCOMPANIED BY A$100 00 FEE APPEALS MAY BE FILED AT
TBE SPOKANE COUNTY PLANIVING DEPARTNIENT, BROADWAY CENTRE
BUILDING, NORTH 721 JEFFERSON STREET, SPOK:ANE, WA 99260 (Secuons
4 25 090 and 4 25 100 of the Spokane County Zoning Ordmance)
Bldg. Permit. Fee=N_. F- ~ l f_' N__•
Pr -:,.j ec t Name
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Sponsor's Name L Phone
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Fngineer /Surveyar's/Arch itect's Name
Tel ephone #
F'lanning Gantact Persan
Date Submitted Description Initials
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* * * * * * * * * * * * * * * * * * * * * * *
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FACSIMILE TRANSMISSION
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DEPARTMENT OF PUBLIC WORKS
OFFICE OF THE COUNTY ENGINEER
N. 811 JEFFERSON ST.
--"-)KANE, WA 99260-0180
'AX (509) 456-4715
iEL (509) 456-3600
DATE: zl - c6' °l TIME:
T0:
DEPARTMENT;
FAX TELEPHONE: . VOICE TELEPHONE:
FROM: M c C~~ ~tI
DEPARTMENT:
COMMENTS:
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PLANNI NG DEPARTMENT
BROADWAY CENTRE BUILOING N. 721 JEFFERSON STREET
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PMONE 456-2205
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SPOKANE, WASHINGTON 99260
$POKANC COUNTY COURT MOUSE
SIMMANE COlUN11 Y lUONUNG ADZ11JS~CIR ?lU~~~~
~~AIRUNG
DATE: November 22, 1989
TIME: 10:00 a.m. or as soon thereafter as possible
PLACE: Spokane County Planning Department
2nd Floor Hearing Room, Braoadway Centre Building
North 721 Jefferson Street
Spokane, WA 99260
AGENDA ITEM 2
File: VE-79-89
yARIANCE FROM LOT SIZE AND ROAD FRONTA GE REOUIREMENTS:
LOCATION: Generally located at the northeast intersection of Sullivan Road and l lth Avenue in the
SW 1/4 of Section 24, Township 25N, Range 44EWM.
PROPOSAL: The applicant is requesting relief from the lot size requirements (4 1/2 acres) and
minimum road frontage requirements (200 feet) for a school under Secrion 4.05.065 of the Spokane
County Zoning Ordinance Note: The lot in question currently meets road frontage requirements.
EXISTING ZONING: Agricultural Suburban
COMPREHENSIVE PLAN: Suburban
SITE SIZE: Approximately 1.17 acres
APPLICANT: LDS Church
N. 100 Paricade Plaza
Spokane, WA 99201
f~GENC; Giu-v Bernado
i
ITEMS CARRIED OVER FROM PREVIOUS HEARINGS MAY BE HEARD FIRST, POSSIBLY
CAUSING DELAYS. LEGAL DESCRIPTIONS AND PROJECT DETAII.S FOR THESE PROJECTS
ARE AVAILABLE IN THE PLANNING DEPARTMENT FTLES. APPEALS OF THE DECISION ON
'CHE ABOVE LISTED CASE MAY ONLY BE FILED BY THE APPLICANT OR AN OPPONENT OF
RECORD ACCOMPANIED BY A$100.00 FEE. (Sections 4.25.090 and 4.25.100 of the
Spokane County Zoning Ordinance.)
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SP4KANE COUNTY PLANNIIa'C3 DEPARTMENT
8Pf'L?CATiC?NS BFFORE ZOMNC ADTi TSTpR11sQA D OF ADn 1 T11►iE
Ccrtificate of Excmption No. Applicatlon No ~747- 8~7
Name of Applicant; 1.0S ChwitGH Agcat; (D N G~Y OgItNARM
Street Address• ~/00 PLAZA
Zip Phonc • Homc:
City..,.Sobxowrw state: MVA eode ,'99201 work•~-'x~$7
Agents No
Name of Property Owner(s): CjPS 4C4q0~~ (REAlm 667A7V PY/S/OyVV)
Strcct Address. 910 4Msr #4190
Zip Phone - Home•
CitY.g&TLO"O"tatC• 970V COdC• &lSo W41ka
REQUESTED ACTIUN(S) (Circlc appropriatc action):
V Cvadistonal Use Permit Noncanforming LotlUse
4ariver of iolaiion Temporary UsclStructure Other:
F(J$ STAFF [JSE O= CC1DE: ORDINANCE
Ccta Rcgulations Stction(s).
Property Violatton/
SectYoo. .2y Township• Rangc:" Size L~L7 Enforccment: Y
Existing Zoning: Comp. Plaa DcsignatiQn.
' I.EGAL
PSSA• Y1 I~1 UTA:~ Y N ASA: ~ N FIREDIST. I CHECKED BY• ~
Hearing Date• IVW Qa. r'f r 7 Personnel Talcing in ApplicatYoa:
y .
• Existing Use of PrQperty• lY~
Descnbe Intcndcd Froposal ia Terms of REQLJ'ESTED ACTIONS above: 70 58004
_4.05takS oW1 JY• 40l ` *it ~ 4 &.1d• ~T' ~73•
- r~ ~1cIe 2c~►' iec~►-4e~`.
Strect Address of Froperty~.~'~i U ZY IVEIM4E
Legal Dcscnption of Propcrty (inctudc casemant, if applicable) I-ADT ^AM
!
OWAWr WOST / 2 &S ~~T PW CA^`ALW &9ARi~ ~
4W416 Parccl No(s) ~~~43 '0/0 l Source of Legal. G40AV cy
Totat amount of adjosning land controtlcd by this owncr/sponsor
What interest do you bold in the property7 &A
Pieasc ltst previous Planntng Department sctions invo2ving this property:
/Voyur-
! SWLAR, UNULIt 1'LNALI Y UI• 1'l:IUUKY,'1'14A`l': (1) 1 AM'I'HE t3WNER OF RECORD QR
AUT! IORiZCD AGCNT rOR "t 1 tEPROYOSL•U 51 i E, (2) llr NU'I' THE 4WNER, WRlT7'EN
PERMISSItJN FROM SAID OWNER AUTH4RIZING MY ACTIONS ON HIS/HER BEHALF IS
ATTACHED AND (3) ALI.OF THE ABOVE RESPONSES AND THOSE QN SUPPORTIIVG
DUCUMEN'TS A.RE MADE TRUTHFULLY AND TO T OF Y KNO LEDtiE ~
. ~
~ ~ L Signed•
s ~@'o# 's~y'~~.~`'~1~ Address
Phone No. •~3 • ~ ate• l ~ " ~'U ~
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NOTARY Notary•
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Dace• f -7
'J~h~ ' C,,►
Page 1 vf (Over) Revised 3-4•88
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A. $URDEN QF PRQOF
It is ncccssary for the applicant or his/hcr representative to establish the reason%
why the REQUESTED ACTION should be approvcd and to literally put forth the basic
case. Accordingly, you should have been given a form for your requested action
(variance, conditional use, etc ) designed to help you present your case tn a way
which addresses the criteria which the Zoning Adjustor must consider Please fill
the form out and return it with your application If you did not get a form, ask the
Planning Department personnel for advice on how to proceed
B. SI(TN-OFF BY COLITITY DEPARTMENTS AND QTHER AGENCIES
1
.
a) Proposed method of water supply•
b) Proposed method of sewage disposal bi L .S'Pwer
A prclimina consultation has been held to discuss the proposal The applic:ant
h a s b e orna d of requirements and sta dards
~
~n- b-f
~ (Signature) (Date) (Sign-off Waived)
0 OUM ENGIj~ERING DEPARTMENT
A prel~minaryconsultation has been held to discuss the proposal The applicant
has bee i fo ed f requirements and standards
~
/o -G-s, ?
(Si nature) (Date) (Sign-off Waived)
o; / 1
C~.~CdUNTY UTIL~TIES DFPARTMFNT (Waiva if outside WMAB)
[ j A preliminary consultation has been held to discuss the proposal. The
a nt has been informed of requiraments and standards
PcQL°
• (Signature) (Date) (Sign-off Waived)
( J The applicant is required to discuss the proposal witli
to become informed of water system
requirements and standards.
The applicant is required to discuss the proposal with
to become informed of sewage disposal
rcquiremcnts and standards.
4. T Maue if outside CWSSAI
a) The proposal is/is noc located witbin the boundary of our future
service area.
b) The proposal is/is noe locatcd within the boundary of our current
district.
c) We are/are not able to serve this site with adequate water
d) Satisfactory arrangements have/have r= been made to serve this
proposal ~
~ r
(Signature) (Date) (Sign•off Waived)
WERAGE •
S-
T
(If other than Spokane County)
A preliminary consultat9on has been held to discuss the proposal.
The applicant has been informed of require 77:!nd st rds.
(Signature) (Date) (Ssbn•off WaiNed)
Page 2 of 4
APPLICANT'S FORM
!laME :
F I L E:
1. YARIAIdCES
A. IJi 11 the variance authorize a use othenwise rohibi ted ii s zone?
Yes , No Corrnent:
.
~AS► Z~~• ~ ,
B. Will special circumstances pplicable to the pro ert (such as size,
shape, topography, surroundi ngs ) when combt ned wihe standards of
the Zoni ng Ordin3 nce, c reate practi cal di f ficul ti es for use of the
property and/or deprive the property of rights and privileges common
to other propert}es in the vicinity and similiar zone classification?
Y e s fio , Coiane n t : __R5 or 5w byz 7NE Sm
uil W1W}'6:E FCIQ-. -RIE ~ArMW IN-TLwNPED.
C. Wi 11 the granti ng of the vari ance be material ly detrimental to the
publ ic wel f are or i n j uri ou s to property or improvements i n the
vi ci ni ty and zone? Yes ; No 416 ; Cbmnents :PW NT DF
lliE vflGAN'r WT AT 1116 iWIt-uOEV ZOTI Wll.t.* EN li'PkNW
fiW InGlNl-[t/ .
D. Does strict application of the zoning standard create an unreasonable
burden in 1 i ght of purpose to be served by the standard? Yes •
No ; Corrnent: Pke 2. ~
E. Woul d rel axati on of the zoni ng standard make a more envl rornnental ly
sensitive or energy-conserving project or encourage continue or new-
use of an historic property? Yes ; No ; Comment: ~J
OF 'M Ww1w 11ol.l? MNI.T IN ~ fRam IW VVONw I?'1o-PH
IK ~MON & $ K-s tRAP.LZ c,~- (_ASC Wst-N.
F. Ui11 a broader, public need or interest be served by granting virse
denying the variance? Yes ; No Comrnent: JJff ~
G. Is the case for a variance supported by other like or similar
si tuations i n the vi c ntty and i n si mjlar Zones? Yes ; No ;
Comne n t: -qw WZC~ VYII.{~ waoft A S~, fLAt3 vr ~
(.AWScAP14G VoV& (Ov00A€a EtOSTNT WrM
.
. *
H. Wi i 1 gra nti ng the variance adverse"Iy af fect the overall zoni ng desi gn,
plan or concept for e1 ther the immed e area or the enti re Coun?
Ye s ; No * ; Ccymmnent : C4A A& 1{I5 i(AP(/~WZ WIW-oo
ReIN"Coe MSTt 916* ~AW M (X-NSIT1ES9
I. Is the case for a variance substantially based upon a lack of
reasonable economic return or a ciaim that the existing structure is
too sma 11 ? ye s ; No Comme n t: C-f0110VItG gt'MRH ~ 5
Wr ik ~nR .
J. Wi 11 granting the vari ance be i nconsf stent wi th the gen ral purpose
and intent of the Comprehensive P1an? Yes ; No ; Corment:
SGtWas ARE Aq AM6P OW 14 Ve ''iks'' Zc450
K. Did the practical difficulty which gives rise to the variance requ st
exist before the property was acquired by the present owner? Yes ;
No ; Corrment:
.
L. will the granting of the variance result in defacto zone reclassifica-
tion; that is, the establ i shi ng of nearly al l the ri vi i eges cortman to
a different zone classification? Yes ; No Comment.
M. Dves the requested vari ance resul t i n the ci rcumvention of deni ty
regulations designed to Qrotect the Aquifer? Yes ; No
Ccxm+ent: -f)ee
p (CONT.) STAN pApda i5 tAN RV6oNA"
e5vW10AgC~ ~s -P Wcom L0EER PIWINCr5 (I.s. Sc~als)
ohj wwbm QARCWS OF l.AW ( 41fzACReS),`! V P065 idb-t'
e5"Mti~ MA-X. RW 50&• C.OV-E2ME GZ tVI l n1 01264 %ACE
9,e&`'p5r 6%tc.rcYT FMImETOe '~ARPs , *E 'nmow m NoT
MPRES5 0K ANMCI1PA-FC "'C~~ LA40 cAZ (~1K-ft_tvt5► Of:
*Ikw,% fRj\[4js W, &VAc++tAt.. 50at-66
. 1
OFFICE OF THE COUNTY ENGINEER
SPOKANE COUNTY, WASH I NGTON
October 31, 1989
T0: SPOKANE COUNTY PLAhlNIiVG DEPARTMENT cCurrent Planninq
Admi nist rator a
FROM: SPOk,ANE COUIVTY EIVG I NEER
SUBJ: VE 70-89 (LDS Ghurch)
re: Variances
The County Enqineerinq Department has reviewed the above referenced
application. TFie following comments are offered for inclusion in
the Findinqs and Order as "Conditisons i-if Approval" should the
request be
approved.
Vehicle access to Sullivan Road from the proposed project is
prohibited. All access to the site shall be fram llth. Avenue.
OFFICE OF THE COUNTY ENGINEER
SPOKANE COUNTY, WASHINGTON
Qctober 31, 1989
T(]: SPOk:ANE COUhITY PLANNING DEPARTMENT cCurrent Planninq
Administratora
FROM: SPOk:ANE COl1NTY ENG I IVEER
,
SUBJ: VE 70-89 (LDS CI-,urch)
re: Variances
The County Engineerinq Department has reviewed the above referenced
applitation. The followinq comments are offered for inclusion in
the Findings and Qrder as "Conditions of Appruval" shoLtld the
request be
approved.
Vehicle access to Sullivan Road from the prupased project is
prohibited. Al l access to the site shal l be from i i th. Avenue.
60~& 4 ~ 6Wawt
•
SPOKANL COUNTY PLANNIN(3 DEPARTMF.NT
' APPLICATIO S BEFQRF TfE ZO NG AD
Ccrtificatc of Excinptioa No.: ,Applicatioa No.:
Name of Applicant: LPS ChwRG" ,Agent: (2) N G~Y PORNAR=
Street Address tY• /40 O4IQMPLS M4ZA Zlp Phonc - Home:~
City:~f'*~'A~NW State: Code: , 99201 Work: '
Ageats No. .
Name of Pro crtY Owner(s): LoS ~~R~ (KCAI. ~~W ayfS1CN)
p. 50 JM5'70 #ALTW 71WPt•O ,
Strect Address. ,
.
Zip Phone - Home:
City:~►7r LA~r~~tatc:_,#'1~ Codc: ~150 Work:
REQUESTED ACTION(S) (Circlc appropriatc acttoa):
ZFaiveroff Conditional Use Permit Nonconforming LotiUse
iolation Tamporary Use/Structura Other:
FOR STAFF USE ONLY CODE: ORDINANCE
Cite RegulatioAS Section(s): Property Violation/
Sectioa: Towashlp: Raage: Size: Worcenaeat: Y N
Existing Zoaing: Coaip. PIaa Designatioa:
' LEC3AL
PSSA: Y N UTA: Y N ASA: Y N FiRB DIST.; CHECKED BY:
I
Hcanng Datc: Personnel Taking ia Applicatioa:
• Existing Use of Property: Z004VT
Descnba Intended Proposal in Terms of REQUESTED AC!`IONS above: M 70 71W
~lIQI. Ldl ~F 40 F*
AcROsf 2mo' rAUN-r409. .
Strcet Address of Ptoperty ~NAPS
Lcgal Dascnption of Propcrty (iacluda eascment, if applicable):
/ wOsT 12.5 ~PMr Alf CMALW
AiCoQL'r
.
Parccl No(s): = ?A543 'O/a / Source of Legal: A
Total amount of adjoining land coatrollcd by this owner/sponsot: ~~kE
What interest do you bold in the property? &A
Please list previous Plaaning Departazent actions invotving this property:
' mave- 0 waW
1 SwEnR, UNUL•!t 11NAI:1'Y Ulj N1:JZ1UkY. TNAT: (l) 1 AM THE OWNER OF RECORD OR
AUT! IORIZCD AGLN'T i'OIt T! lC PItOYOSL'U Sl t'f:, (Z) 1!J NOrI' THE OWNER. WR1T1'EN
PERMISSION FROM SAID OWNER AUTHORIZlNG MY ACTIONS ON HIS/HER BEHALF IS
ATTACHED• AND (3) ALL OFTHE ABOVE RESPONSES AND THOSE ON SUPPORTING
DOCUMENTS ARE MADE TRUTHFULI.Y AND TO THE BEST OF MY KNOWLEDGE.
Signed.
%
Address: l~ ~CO ^04AA& AA!Zoq
Phone No.:_S3g"2707 Date:
NOTARY SEAL; Notary:
Date:
Page 1 of 4 (Over) Revised 3-4-88
V ~
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~
A. BURDEtY QF PROOF
It Is ncccssary for the applicant or bis/hcr representative to establish the reasonti
why the REQUESTED ACTION should bc approved and to literally put forth the basic
~ case. Accordiagly, you shouId bave been givon a forin for your requested action
~ (variance, conditioaal use. etc.) designed to help you present yout case in a way
which addresses tha critena which tho Zoning Adjustor must conslder. Please fill
the form out and return it with your application If you did not get a form, ask the
Planning Department personnel for advice on how to proceed.
B. SI(TN•OFF BY COUNTY DEPARTMENTS AND OTHER ACENCIE,S
.
1
.
a) Proposed method of water supply: vv/v/ GY-aG1~ Co.," opki
b) Proposed method of sewsge disposal: i L SeWC(l'
A prclimina consultation has baen hold to discuss the proposal. Tha applicant
has b e orm d of requirements sad st dards.
I%b bec
(Signature) (Date) (Sign-off Waived)
2.
A preliminary consultation has been beld to discuss the proposal. The applicant
has bee i fo ed f requirements and standards.
OL
(Si nature) (Date) (Sign-off Waived)
o;
(Waivc if outsido WMAB)
A pralimiagry coasultation bas bcan held to discuss the proposal. Thc
applicant has been taformed of requlremants aad standards.
• (Signature) (Date) (Sign-off Waived)
Tbe applicant is required to diseuss the proposal with
to bccome informed of water system
requirements and standards.
The applicaat is requirad to discuss the proposal with
,to become informed of sewage dtsposgl
rcquiramcnts and staadards.
hYATER PURVEYOR ' (Waive if outcid CWSSA)
4 4'
a The , proposal is/is located wlthtn the boundary of our future
servlce area.
b) The proposal is/i located within the boundary of our current
district.
c) We are/are noc able to serve this site with adequate water.
d) Satisfactory arrangements have/have nat been made to serve this
proposal.
~ (Signature) " (Date) (Sign•off Waived)
. S. WERACTIP, T
(If other than Spokane County) A prcltminary consuitatlon has bcen held to dYscuss the proposal.
Tho applicant has been informed of requirements and stendards.
(Signature) (Date) (Sign-off Waived)
Page 2 of 4
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ZONING ADJUSTOR
SPOKANE COUNTY, WASHINGTON
IN THE MATTER OF A VARIANCE FROM )
LOT SIZE REQUIREMENTS AND ROAD ) FINDINGS OF FACT,
FRONTAGE REQUIREMENTS ) CONCLUSIONS,
[VE-79•89] CHUItCH OF JESUS CHRIST ) DECISION AND ORDER
OF LATTER DAY SAINTS )
ADDRESS: EAST 15507 11TH AVENUE PARCEL NUMBER: 24543-0101
APPLICATION DESCRIPTION: The apphcant is requesang rehef from the lot size
reqwrements (4 1I2 acres) for a school under Secaon 4 OS 065 of the Spokane County Zomng
Ordinance Note: The lot in quesaon currendy meets road frontage reqmrements but is only 1
acre ui size (approxunately) Authonty to consider such a request exists pursuant to Section
4 25 of the Spokane County Zonuig Orchnance
PROJECT LOCATION: Generally located at the northeast intersection of Sullivan Road
and l lth Avenue in the SW 1I4 of Secaon 24, Townstup 25N, Range 44EWM
OPPONENTS OF RECORD:
1 Manlyn & Bill Wixom 2 Donna & Ronald Alford
3 Frank Gibler 4 Patncia & Lloyd Keinath
5. Nancy & Francis Mutton 6 Susan & William Macklm
7 Norval & Korlyn Luth
PUBLIC HEARING:
After considerafaon of all available uiformation on file, exhibits subnutted and tesdimony
received during the course of the pubhc heanng held on November 22, 1989, and havuig
visited the site the Zonuig Adjustor rendered a wntten decision on December 11,1989
FINDINGS QF FACT AND CONCLUSIONS
1 The proposal is descnbed above
2 The adopted Spokane County Comprehensive Plan designates the area of the
proposal as Suburban The proposed use is generally consistent wnth this category
3 The site is zoned Agncultural Suburban, which allows the proposed use upon
approval of this apphcanon
4 The existing land uses in the area of the proposal include Central Valley Ihgh
School to the north and residential uses to the east, south and west, all of which are generally
compaable with the proposal
5 The proposal is exempt from the provisions of the Washington State Environmental
Protection Act, Chapter 43 21C RCW pwsuant to WAC 197-11-800 (6) (b)
1
i
CASE NO.VE-79-89 SFOKANE COUNTY ZONIIVG ADNSTOR PAGE 2
6. The apphcant has been made aware of the recommendauons of vanous County and
Fum Distnct agencies reviewuig this project and has indicated those recommendaaons are
acceptable. Na agency has indicated a concern or problem with the proposal as submitted to
the Zoning Adjustor.
7. The pmper legal requumments for advertising of the heanng before the Zoning
Adjustor of Spokane County have been met
8 Testimony and wntten comments were received regarding the proposal Chief
concerns were that the proposal would create traffic and noase in the area that would adversely
unpact residential values and the quality of hfe residents desurd when they purchased theu
lots
Addiaonal concerns were raised that a vanance approval should not be granted for the
school use because the lot is substantially smaller than that requued for schools under Zonuig
Ordinance provislon 4.05 065 A number of people expressed concern that because only a
poraon of the applicant's property will be curr+endy developed, addinons may be requested at a
future time thus u►creasing the unpact upon the neighborhood
9. The curnent request is not the first time a lot size vanance has been sought by a
parochial school The Board of Aduustment approved a substantial lot area vanance in January
1984 for the Tree of Life Chnstian School, (VE-177-83) based upon it's conclusion that the
needs of the school were substanaally less than those of full scale schools and that the Zonuig
Ordinance Standards were inteaded to address the requmments of larger pubhc or parochW
schools where play fields would be reqwrcd as well as larger pariang areas common to these
schools.
10. From the applicant's testimony and site plan the proposed facdlty wnll resemble a
single family residence and consist of a total of 2,000 fimshed square feet
11. Use of the school will be by students solely for rehgious traimng, students either
walk to the school from the adjoining Central Valley High School or are dropped off for
morning sessions pnor to being taken to theu jumor high schools A sidewalk currendy
adjoins the proposed slte along Sulhvan Road to the Central Valley High School
12 It was estunated by the applicants that no more than thirty students would be at the
bwlchng at one tume and none would be dnving to the school As noted in Fuiduig 11, luruor
lugh students would be car pooled m the morning which would result in added traffic at the
site Tius traffic was estunated to be relaavely small as approxunately twenty students would
attend early morning sessions and they would amve via car-pools A rehgious instructor and
secretary are the only persons who will regularly dnve and park at the facility
13 That the subJect property adjoins Sullivan Road, a major artenal and has remained
vacant for many years A number of those tesnfying indicated they were aware the church
owned the property and would lilcely develop it at some point
14 The applicant's representative noted that the applicant mitially viewed theu request
as a church which would be an outnaht permitted use in this zone This view is held because
~
CASE NO VE-79-89 SPOKANE COUNTY ZOrTING ADNSTOR PAGE 3
,
the sole use of the facihty is for rehgious inswction and prayer for school aged children The
Church subnutted the condiaonal permit request after discussions with the Planning
Department which concluded that the use functioned so closely ta that of a school that it was
appropnate to view it as such even though rehgious trainmg is its maun purgose
15 The Zonmg Adjustor concurs vnth the Planrung Department determmation that the
request is for a school fachty in that rt is intended to be run concurrendy with the public
schools schedule The facdity also will not be in use on weekends and evenings, nor have
regular services which are offered by the Church at other locations
16 The luruted nature of the schooluig acuvity, considenng its size and use, together
with the nature of the proposed building make the proposed vanance rteasonable and m accord
with vanance gwdeluies noted in the Sgokane County Zoning Ordinance at 4 25 030
Specifically, the Zonmg Adjustor finds the request has been made largely compatible with
adjovung propemes through landscapmg, the savcture's design accommodates the use
pmposed whde mitigating adverse impacts to the residential neighborhood. Additional fencing
and site design features can be included to address specific concems raised by area residents
17 The entm lot has been requested to be considered for the vanance, as such it is
appropnate to reqture the lot be fully landscaped The unproved lot will stop the use of the
northerly poraon of the lot as a temporary parlang area and cleamng up the weeded area wlll
enhance residential asthetics Fencung along the easterly property luie will enhance residential
pnvacy and protect the adjouung property fmm hghts from the school
18. With the conditions of approval set farth below, the vanance will• a) not constitute
a grant of special pnvileges inconsistent mnth hmitations on other propernes in the vicuuty and
sumlar zone, b) ensure that the vntent and purpose of the Zoiung Ordinance is achieved with
regard to locanon, site design, appearance, and landscapuig, etc, and c) protect the
envuonment, public mterest and general welfare
DECISION
From the foregoing Findings and Conclusions, the Zoning Adjustor APPROVES
the proposal, sub}ect to comphance with the followuig
CONDITIONS OF APPROVAL
The following conditions shall apply to the apphcant, owner and successors in uiterest
and shall run with the land
I. PLANNING DEPARTMENT
1 The applicant landscape the full lot at the time a building gernut is requested The
landscaping plan shall be of lawn, shrubs and incorporate sight obscunrig fencing along the
easterly border of the property
~
CASE NO VE-79-89 SPOKANE COUNTY ZOIVING ADJUSTOR PAGE 4
,
2 The prnperty m all other respects shall be developed in substanaal confornlance to
the plot plan of reconi.
U. DEPARTMENT OF BUILDING & SAFETY
1. The applicant shall contact the Departrnent of Budding and Safety at the earhest
possible stage of designidevelopment in order to be informed of Code requimments
admimstered/enforced by the department, e g, State Building Code Act regulaaons such as
requuements for fire hydrantlflow, fire apparatus access roads, street address assignment,
bamer-free regulations, energy code regulations, and general coordination with other aspects
of project unplementaaon
2. The issuance of a building permit by the Department of Building and Safety is
requued
3. Requuements of Fire Ihstrict No 1 need to be satisfied dunng the bmlduig peraut
process
III. UTILITIES DEPARTMENT
1 Pursuant to the Board of County Commissioners Resolution No 80-0418, the use
of on-site sewer disposal systems is heneby authonzed This authonzaaon is cond.inoned on
compliance with all rules and regulations af the Spokane County Health Distnct and is further
conditioned and subject to specif'ic apphcation approval and issuance of pernvts by the Health
Distnct
2. The Owner(s) ar Successor(s) in mterest agree to authonze the County to place theu
name(s) on a petition for the formanon of a ULID by petinon method pursuant co RCW 36 94
whuch the peation includes the Owner(s) property and further not to object by the signing of a
protest peaaon agamst the formation of a ULID by resoluuon method pursuant to RCW
Chapter 36 94 wluch includes the Owaer(s) property. PROVIDED, this condition shall not
prohibit the Owner(s) or Suc,cessor(s) from objection to any assessment(s) on the property as a
result of improvements called for uz conjuncuon with the formation of a ULID by either petiaon
or resoluaon method under RCW Chapter 36 94
3 Any water sen►ice for ttus project shall be provlded in accordance wnth the
Coordinated Water System Plan for Spokane County, as amended.
4 The uiut shall be double-plumbed for connecaon to future areawide collection
systems "
IV. HEALTH DISTRICT
1 Sewage disposal method shall be as authonzed by the Duector of Unliaes
J 1
CASE NO VE-79-89 SPOKANE COUNTY ZONIIVG ADNSTOR PAGE 5
2 Water service shall be by a/an existing/new public water supply when approved by
the Regional Engineer (Spokane), State Department of Social & Health Services
V. SPOKANE COUNTY ENGINEER'S OFFICE
1. Vehicles access to Sull.ivan Road from the proposed project is pnohibited All
access to the lot shall be from 11 th Avenue
NOTTCE: PENDING C4MPLETION OF ALL CONDITIONS OF APPROVAL WHICH
NEED TO BE COMPLETED PRIOR TO PERMTT ISSUANCE, PERMITS GAN BE
RELEASED PRIOR TO THE LAPSE OF THE TEN (10)-DAY APPEAL PERIOD
HOVVEVER, THE COUNTY HAS NO LIABII.ITY FOR EXPENSES AND
INCQNVENIENCE INCURRED TBE APPLICANT IF TI-E PROJECT APPROVAL IS
OVERTURNED OR ALTERED UPON APPEAL
DATED this l lth day of December, 1989
DOU S S 4 AMS
Zonuig Adjustor
Spokane County, Washuigton
FILED.
1) Apphcant (Cernfied,/Return Receipt Mail)
2) Parnes of Record
3) Spokane County Enguieer's Off'ice
4) Spokane County Health Distnct
5) Spokane County Ut&ties Deparmnent
6) Spokane County Department of Bwlding & Safety
7) Spokane County Fvre Protecuon Dismct No 1
8} Planrung Department Cross-reference File and/or Electromc File
NOTE ONLY 1BE APPLICANT OR AN OPPOrfENT OF RECORD MAY FILE AN
APPEAL WI1HN TEN (10) CALENDAR DAYS OF THE ABOVE DATE OF SIGNIlVG
APPEAL MUST BE ACCOMPANIED BY A$140 00 FEE APPEALS MAY BE FILED AT .
THE SPOKANE COUNTY PLASJNIlVG DEPARTMENT, BROADWAY CErl1'RE
BUII.DING, NORTH 721 JEFFERSON STREET, SPOKANE, WA 99260 (Secnons
4 25 090 and 4 25 100 of the Spokane County Zorung Ordinance)
n