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VE-3-98 d n SPOKANE COUNTY HEARING EXAMINER ElEcEIVED JUN 2 41999 RE: Side Yard Vanance m the Regional ) FINDINGS 0F~96" ~UIM ENGNEER Business (B-3) Zone ) CONCLUSIONS OF LAW, Appucant: Larry Guthne ) AND DECISION File No. VE-3-98 ) I. S Y OF PROPOSAL AND DECISION Proposal: Application for a vanance permit in the Regional Business (B-3) zone, to allow self-service storage units to be constructed in the west side yard setback up to the property luie. Decision: Denied. H. BACKGROUND/FINDINGS OF FACT A. GeneralInformation: Applicant/Owner: Larry Guthrie,13423 East 32' Avenue, Spokane, WA 99216 Site Address: 13423 East 32' Avenue, Spokane, WA Location: Generally located at the northwest comer of 32ad Avenue and State Route No. 27, in the S'/z of Section 27, Township 25 North, Range 44 EWM, Spokane County, Washington. Legal Description: Assessor's Parcel No. 45274.2410 • Zoning: Regional Business (B-3). The site is also located in the Aquifer Sensitive Area Overlay zone and the Public Transit Benefit Area designated by the Comprehensive Plan. Compretiensive Plan Category: Urban Growth Management Act: The srte is located inside the interim urban growth area boundaries designated by the County pursuant to the State Growth Management Act. Environmeatal Review: The variance proposal is exempt from SEPA review pursuant to WAC 197-11-800 (6)(b). Site Description: The site is approximately 6.45 acres in size and is generally flat. The property is unproved with a conveiuence store, some small-scale retail uses, a car wash and a large self-service storage facility. The storage facility is located on the northerly two-tlurds of the property and is surrounded by a 6-foot high chain luik fence. Undeveloped land is found on the north and southwest portions of the srte. HE Fmdings, Conclusions and Decision VE-3-98 Page 1 , Surrounding Conditions: The srte is bordered on the south by 32ad Avenue, wluch is a 3-lane road designated as a Pruicipal Artenal by the County Artenal Road Plan. State Route No. 27, wluch borders the site on the east, is a 5-lane state highway in the vicuuty The intersection of 32' Avenue and SR 27 is signahzed. The land lying south of the site and 32°d Avenue is zoned Urban Residential-3.5 (LTR-3.5), undeveloped and planned for a future cemetery. The land lyuig east of the srte across SR-27 is zoned UR-3.5 and is developed vvith single-family homes. The stnp of land lyuig between the site and Cluiton Street to the west, fronting along 32' Avenue Street, is zoned B-3 and is vacant. The land between such stnp of land and Skyview Avenue, lying west of the srte, is zoned UR-22 and is developed vnth multi-family housing. The land lying north of the srte is zoned UR-22 and is pnmanly developed with multi-fanuly housing. The Iand lying southeast of the site, at the southeast corner of SR-27 and 32' Avenue, was recently rezoned to the Urban Residential-22 (UR 22) zone and Neighborhood Business (B-1) zone, along with the approval of a vanance from land,caping standards, all for development of offices and a supennarket. The Staff Report erroneously descnbes such rezone as a rezone to the B-3 zone. See Hearing Examiner Finduigs of Fact, Conclusions of Law and Decision dated 5-5- 98 in File No. ZE-59-97/VE-1-98; as revised by Heanng Exanuner Order Amending Decision on Reconsideranon dated 5-22-98 in Ffle No. ZE-59-97/VE-1-98 Zoning History of Site: In 1980, approximately 12.5 acres of land located at the northwest corner of SR-27 and 32"d Avenue, bounded on the west by Cluiton Street and on the north by Skyview Avenue (extended east), was rezoned under the now expired County Zonuig Ordinance from the Agricultural (A) zone to the Commercial(C) zone, to allow development of a shopping center. See Boazd of County Commissioners Find.uigs and Order, Document No. 80-0681, dated 6-2-80, in File No. ZE-3-80. In 1983, 1.5 acres of this site, frontuig along Clinton Street and Skyview Avenue, were rezoned to the Residenhal Office (RO), and a preliminary plat approved, to allow development of 4plex multi-family housing or offices. A change of conditions was also approved to allow the remauider of the site, zoned Commercial (C), to be developed under a binding site plan. See Spokane County Heanng Exanuner Committee Findings and Order dated 6-16-93 in File No. PE-1431-83/ZE-49-83. In 1984, a binduig site plan was approved, wluch spht off an additional portion of land lyuig adjacent to Clinton Avenue from the commercial srte referenced above See File No. BSP-8-84 The split off portion was rezoned to the RO zone, for multi-fatnily housing development. See File No. ZE-66-84. In January, 1991, pursuant to the Program to Implement the Spokane County Zonuig Code, the zoning of the remauider of tlie commercial srte was reclassified from the Commercial (C) zone of the Zoning Ordinance to the Regional Business (B-3) zone of the County Zoiung Code. The adjacent land to the west zoned RO was at the same tune reclassified to the Urban Residential-22 (LTR-22) zone of the Zorung Code In November, 1992, 4.47 acres of the binduig site plan were spht off from such remauider and rezoned to the UR-22 zone, leaving the current site of 6 45 acres zoned B-3. Project Description: The apphcant is requeshng a vanance from the west side yard setback of the properly, required by the B-3 zone, to aUow the location of a building housing additional self-service storage units along the west property line of the srte. The additional uiuts would be added in a space 25 feet wide from east to west, and approxunately 350 feet from north to south The existing storage facility is located west of the proposed budding, with the closest storage builduigs located about 49 feet east of the west property luie of the subject property ( i e. HE Finduigs, Conclusions and Decision VE-3-98 Page 2 . Butldings 3 and 4 on srte plan). The proposed building would be approxunately 10 feet in height. B. ProcednralInformation: Appficable Zoning Regulations: Chapters 14.404 (Variance) and 14.628 (B-3 zone) Hearing Date and Location: March 10, 1999, Spokane County Public Works Building, Lower Level, Commissioners Assembly Room,1026 West Broadway, Spokane, WA. Site Visit: March 9,1999 lvotices: Mailed: February 23,1999 Published: February 10,1999 Comphance: The legal requirements for notice have been met. Hearing Procednre: Pursuant to County Resolution Nos. 96-0171 and 96-0294 Testimony: Tammy Jones County Division of Building and Planrung Larry Guthrie 1026 West Broadway 13423 East 32~ Avenue Spokane, WA 99260 Spokane, WA 99216 Items Noticed: Spokane County Comprehensive Plan, County Zoning Code, County Code and County Zoning Ordinance (now expired). County Resolution Nos. 96-0294 (Hearing Examiner Rules of Procedure), 96-0171 (Hearing Examiner Ordinance) and 85-900 (adopting County Zoning Code, and adopting Program to Implement the Spokane County Zonuig Code). Final land use decisions referenced in decision and in Staff Report. M. LAND USE ANALYSIS FINDINGS OF FACT AND CONCLUSIONS OF LAW A. Approval criteria The County Hearuig Examiner Ordinance authorizes the Hearing Examiner to grant, deny or grant with such conditions, modifications aad restrictions as the Examiner finds necessary to make a vanance application comparible with the Spokane County Generahzed Comprehensive Plan and apphcable development regulations. See County Resolution No. 96-0171, Attachment paragraphs 7(d) and section 11; and RCW 36.70.970. To be approved, the vanance application must comply with the conditions and requirements set forth in Spokane Counfiy Zoning Code Section 14.404.080 et seq., and the mitumum requirements of RCW 36.70.810. HE Findings, Conclusions and Decision VE-3-98 Page 3 t . B The amlicant has not established a non-confornunQ or vested rieht to construct the proDosed storage wvts wnthin the reQuired side vard setback of the srte. Pnor to 1991, the site was zoned Commercial (C) under the now expued County Zoning Ordinance. Hotels, motels, auto courts and roonung houses in the Commercial (C) zone were subject to a side yazd requirement of 5 feet for each story of building. All other uses allowed in such zone were not subject to a side yard requirement, unless the side yard abutted a residenhal zone, in wluch case the reqtured side yard was also 5 feet per story. See Zomng Ordinance 4.10 080. Effective January 1, 1991, the zorung of the srte was automancally reclassified or "crossed over" to the Regional Business (B-3) zone of the County Zomng Code, pursuant to the Prograrn to Implement the Spokane County Zoning Code. This was part of a county-wide transition from the old zones of the Zomng Orduiance to the new zones of the Zomng Code, using the most surular new zone to the old zone as a guide, the designation of a site under the Comprehensive Plan and a few other objective factors. The B-3 zone provides vanous muumum yards and setback requirements. There is no side yard requzrement in the B-3 zone, unless the lot side luie is either conriguous to a residenhal zone, such as the Urban Residenhal-22 (LTR-22) zone, or contiguous to existing residenrial development. Iri such cases, the side yard setback reqiurement in the B-3 zone is 15 feet. For rezones approved pnor to the 1991 "cross-over" zoning, the Program to Implement preserved special condrtions of approval unposed dunng the rezone hearing process, such as buffering, srte planning, parkuzg, traffic cuculation, etc. The site otherwise became subject to the allowances and restnctions of the new zone The north end of the currently proposed vanance area may border land rezoned to the Residenfaal Office (RO) zone in 1983, wluch land was onguially joined wrth the current srte. See rezone decision in File No ZE-49-83. At such time, the portion of the current site which lay adjacent to such land became subject to the side yard setback of 5 foot per story required by the Commercial (C) zone, for commercial uses located adjacent to residential zonuig When the zonuig of the current site and such adjacent land were respectively reclassified to the B-3 zone and UR 22 in 1991, pursuant to the Program to Implement, the porhon of the current srte lying adjacent to such neighboruig Iand became subject to the 15-foot side yard setback requuement of the B-3 zone. When the remainder of the land lying unmediately west of the proposed builduig, west of the current site, was rezoned to the UR-22 zone ui 1992, the portion of the current site adjacent to such land also becazne subject to the 15-foot side yard setback of the B-3 zone. See rezone decision in File No. ZE-41-92. The only exception to apphcation of the I S-foot side yard setback to the west property line of the current site would be if the apphcant had already built or been issued a building pernut for the proposed buslding before the setback became applicable; or possibly if a site plan illustrating the proposed buzlding had specifically approved as part of a rezone or other land use action before such setback became applicable to the site See Zoning Code 14 300 100, definition of "nonconforming", and Zomng Code Chapter 14.508. The apphcant has not established such circumstances, and the apphcant's claim that he had always intended to construct a building in this locahon is insufficient to establish non-conformung or vested rights. See testunony of Larry HE Findings, Conclusions and Decision VE-3-98 Page 4 . Guthne. The apphcant must accordingly accept the restnctions, as well as the allowances of the B-3 zone, once they became applicable to the subject property C. Special circumstances do notAgLly to the proDeft including size, shaUe. topoemby, location or surroundings, such that stnct an»lication of the side vard setback reauirements of Sechon 14.628.325 (2) of the Zoiune Code would create vrachcal difficulties, and deurive the subject propertv of rights an,d pnvxleges euigyed bv other lDroperties in the vicinity and zoned ReQional Business (B-3) The eranhng of the vanan,ce would be detnmental to the iDublic welfare The site is located m the Urban category of the Comprehensive Plan, which is mtended to provide the opportuiuty for a"citylike" environment, which includes various land uses, residential development and a high level of public facilities and urban services. It is pnmanly a residential category of single-family, two-family and mulh-faznily uses along with neighborhood commercial, light industnal, and pubhc and recreational facilities. The more intensive uses such as light industrial and neighborhood commercial will usually be located near the heavily traveled streets, the least intensive single-fanuly uses vcnll typically be isolated from the noise and heavy traffic, and multi-fanuly uses will usually be a transitional use between the single-family and more intensive areas. Major commercial uses, such as the current use of the site, are considered incompatible within the Urban category. See Comprehensive Plan, Section 1. Decision Guideluie 1.5.1 of the Urban category encourages the use of buffering or landscaping to autigate the differences between proposed developments and existing uses. "Buffering" is defined as a technique of separating incompatible land uses by dzstance, changing density, landscaping, scree7ung and/or physical features or structures. See Comprehensive Plan, Glossary. Decision Gu.ideline 15.8 of the Urban category recommends that the structure height and impact of new structures on the arclutectural character on neighboring properties be considered in detennuung whether a proposal will negatively impact the elcisting land use character of an area. The only commercial zone m the County Zoning Code that unplements the Urban category is the Neighborhood Busmess (B-1) zone. See Zorung Code 14.624.100. Self-service storage facilities are not a permitted use in the B-1 zone. See Zonuig Code 14.623.020. The zoning of the site is Regional Business (B-3). The purpose of the B-3 zone is to provide for the location of a vcnde range of retail and service activities. Such zone is the most intensive commercial zone recognized by the Zoning Code. The B-3 zone is intended to implement the Major Commercial category of the Comprehensive Plan, and the pohcies of the Comprehensive Plan policies which encourage commercial development along Principal Artenals or highways to establish regional-servmg commercial areas. The Vanance Burden of Proof completed by the apphcant concedes there are no special circumstances applicable to the subject property wluch would not apply to other properties in the vicinity zoned B-3. The pnmary "special circumstances" alleged by the applicant at the public hearing were those based on a letter received from the County SherifE, which recommended approval of the variance to remove an "attractive nuisance" along the west property luie. The letter indicated that children could see into the property and throw rocks and material over the fence and damage vehicles parked in the storage facilrty. The letter also indicated that young HE Findings, Conclusions and Decision VE-3-98 Page 5 ! . people could congregate ui the area an engage in illegal acrivrty such as the use of alcohol and cigarettes. The letter further indicated that dry brush accumulahng along the fence when nuxed wrth the presence of young cluldren who were smokuig could create a fire hazard. See letter dated 2-24-99 from Mark Sterk The apphcant also subnutted a suppomng Ietter from the representahve for the owners of the land lying unmediately west of the proposed storage builduig along the west property luie, along with a letter from one of the lots making up such land. See letter dated 3-12-98 from Gene Brazington. This land consists of the 31ots labeled 4.2904, 4.2905 and 4.2906 illustrated on the Zoning Map that is part of the Staff Report, which land is developed for multi-fanuly housmg. Tlus letter indicated that the proposed builciuig on the site would "enclose" such owners land and prevent a 15-foot weed patch from developing. A supportuig letter was also received from the owner of one of these lots. See letter dated 3-18-98 from Bud Gatlin. The apphcant also subnutted photographs showing the accumulation of weeds and some htter on both sides of the fence, and the locahon of velucles m the area lyuig between the west property li.ne of the site and the nearest storage btuldings on the site The owner of property lyuig immediately northwest of the proposed builduig on the site, with a small porhon of the proposed bwlduig srte possibly being adjacent to such owner's property, submitted a letter of opposinon to the proposed vanance. The letter indzcated that the proposed buildtng would be chrectly visible to the tenants in the apartment complex, would be unsightly and would unpact the value of the multi-fanuly property. See letter dated 7-23-98 from Robert and Victoria Preston. The Examiner agrees with the Staff Report that the apphcant has not demonstrated special circumstances whereby enforcement of the setback standard would depnve the properly of nghts and privlleges enjoyed by other properties in the vicuuty and zoned B-3 The cucumstances cited by the County Shenff could be used to justify a side yard vanance for many types of commercial property zoned B-3 and located adjacent to a residential property or zone. There is no direct evidence that the current circumstances have actually created an attrachve nuisance or fire hazard wluch the vanance is needed to eliminate. Other options appear available to the apphcant to remove the "attrachve nuisance" or fire hazard if it exists, e.g. by rendering the fence along the west property line of the site sight-obscunrig, and landscaping or paving the side yard area. For flaYnmable debris or litter accumulatuig on the west side of the fence, tlus could be reported to the fire department or to the neighbonng property owner for removal If debris or utter is accruing on the applicant's side of the fence, the applicant has the means to provide for rts removal The primary motivation for the variance appears to be to maximize the development of the site, wrthout regard to setback reqwrements. The variance could accommodate 2 storage builtiings sinular to the existulg storage buildings on the site, each at least 150 feet long and 25 feet vvide, adj acent to the west property luie. Such buildings would have the appearance of narrow, low-profile warehouse buildings, and can hardly be descnbed as aesthetically pleasing when viewed from an adjacent residential property. The current setback provides a buffer between the intensive commercial use of the site and the adjouung residential property HE Finduigs, Conclusions and Decision VE-3-98 Page 6 . The Burden of Proof Form completed by the apphcant states that the property cannot be put to a reasonable and pernutted use wnthout the vanance Since the property has almost been fully developed for commercial use consistent vrnth the zoiung of the site, there is no justification for this contenhon Enforcement of the side yard setback does not create an unreasonable burden on the property, consideruig the intent of the B-3 zone to provide a buffer between intensive commercial development and adjacent properties zoned or development for residenrial use. The Examiner does not agree that relaxation of the setback standard will allow a more environmentally sensrtive, energy consernng design. A broader public or community need will not be served by granting the variance, as opposed to its denial. See Zonuig Code 14.402.082 (2). The vanance if approved could estabhsh a precedent that adversely affects the zonuig concept in the area or the county as a whole. This may even include vanance requests along other boundanes of the site lyuig adjacent to residential zoning or uses. The vanance request appeazs to be pnmanly based on a claim of lack of reasonable econonuc return. The proposal is inconsistent with the general purpose and intent of the Comprehensive Plan. The Examiner is not denying the variance because the property, at the time it was acquired, was charactenzed by the practical difficulties giving nse to the vanance request. See Zoni.ng Code 14.402.082 (3). The Examiner takes notice that Exhibit B subnutted at the public heanng by the apphcant is an excerpt from the Crty of Spokane Zonuig Code, and has no applicahon to the issues presented. , IV. DECISION Based on the Finduigs of Fact and Conclusions of Law above, the application for a side yard setback variance is hereby denied HE Findings, Conclusions and Decision VE-3-98 Page 7 ~ DATED this 23rd day of June, 1999. SPOKANE COUNTY HEARING EXAMINER ~ (f Micha C. Dempsey, WSBA #823 NOTICE OF FINAL DECISION AND NOTICE OF RIGHT TO APPEAL Pursuant to Spokane County Resolution No. 96-0171, the decision of the Heanng Examiner on an apphcation for a vanance is final and conclusive unless vrntluu twenty-one (21) calendar days from the issuance of the Examiner's decision, a party with standuig files a land use pehtion in superior court pursuant to chapter 36.70C RCW. Pursuant to chapter 36.70C RCW, the date of issuance of the Heanng Exarruner's decision is three days after it is mailed. Tlus Decision was mazled by Certified Mail to the Apphcant on June 23, 1999. The date of issuance of the Heanng ExarYUner's decision is therefore June 28, 1999, countuig to the next business day when the last day for mailing falls on a weekend of holiday. THE LAST DAY FOR APPEAL OF THIS DECISION TO SUPERIOR COURT BY LAND USE PETITION IS JULY 19,1999. ASSUMING THAT THE APPEAL PERIOD IS EXTENDED TO THE NEXT BUSINESS DAY WHEN THE LAST DAY FOR APPEAL FALLS ON A WEEKEND OR HOLIDAY. The complete record in this matter, mcluding tlus decision, is on file dunng the appeal penod with the Office of the Hearing Examiner, Third Floor, Public Works Building, 1026 West Broadway Avenue, Spokane, Washington, 99260-0245, (509) 324-3490 The file may be inspected during normal worlang hours, listed as Monday - Friday of each week, except hohdays, between the hours of 8 00 a.m and 4 30 p m Copies of the documents in the record wnll be made available at the cost set by Spokane County ordinance. HE Fmdmgs, Conclusions and Decision VE-3-98 Page 8 t~ro~ectscacus Acti~~c Engineer's Review Sheet As Built Plans Received Varianee File vE-0003-98 '98 Road Plans Approved Companian Files: New Road Standards 5-15-95 Mylar Rclated Files: II96006530 3-/67 - 9y' Hearing: +MW#6tt998 Building Dept: Technical Review: Large Lot ~ Bldg. Square Feet Preliminary Review: 06/02/1998 Type: No. Lots: No. Acres: 0 Date Received: 05i06/1998 Range-Township-Section: 44 - 25 - 27 Project Name SIDE YD SET BACK 0' CODE 15' SELF SERVICE STG Site Address N. 32ND, C CLIN"fOti. ~V. 5R-27 PINI:S, PARCEL(S): (first 18) Applicaat C'unditions Mailcd: 2 75 44 .2) 405 45274.2405 Craig Rosauer Flood Zone No Water Suurce 6125 N. Crnpbeli Rd Sewer Source Otis Orchards, WA 99037 School Dist Phone Fire Dist 1 (509) 928-2668 Phone Dist Owner Larry Gutilrie 13423 L. 3?Nd Spokane, WA 992116 Phone Fax (509) 255-9528 (509) 924-8041 (509) 922_61 ~1 E3uilding f'h: 456-3675/Planning Ph: 456-2205 Cuntact: 'I'AMh4Y' JUNL•S Date Subrriitted Description Initials Eng Need Technically Complete Eng Prioriry Fees Receivcd Eng Need Drainage Plans Eng Need Harvard Rd Mitigation Eng Need Traflic Analysis Eng Need Olher Eng Pay Fees Received Eng Final Plat Fees C'ompleted ('Opy co Accuuntin! Notice to Public / Notice to Public # 1 3 4 6 Completed - ar Needs to be signeci Design Deviation Dates ([n-0ut) I I ' l l ' l " l I l I - ~ ~ Bona quant~~s "ror drainage item calculated }{earing Date Decision App Den Cond Appld BCC Appealed to BCC Decision App Den Cond App1L1 C'uurt Appealed to Court Decision App Den Cund Appld Stamped Mylars to Secretary (Sandy) / / Stamped 208 Lot Plans to Secretary (Sandy) Canceletl File ENGINEER' S REVIEW SHEET Date Filed Date As Built Plans Received Date Road Plans Approved VARIANCE FILE #VE-0003-9g _98 New Road Standards 5-15-95 Mylar 1f: Companion File 1{: Hearing Date H Time: H Number: Related File {t: BSP-0008,1396163 Technical Review Date: TR Time: Building Dept Review Date: 06/02/ 1998 R Time: R Number: TECH REVIEW # Date Received: 05/06/1998 Review Type: Large Lot ❑ Bldg. Square Feet: No. Lot No. Acre 0 Project Name: SIDE YD SET BACK 0' CODE 15' Range-Township-Szction: 44- 25 - 27 Site Address: N 32ND/E CLINTON/W PiNES PARCEL(S): (first 20) Applicant Name: ROSAUER, CRAIG Phone ft: (509) 928-2668 45274.2405 Applicant Address: 6125 N CMPBELL RD Phone 21f OTIS ORCH ARDS, WA 99037 Date Conditions Mailea: Flood Zone No Water Sewer School Fire 1 Phone ~ Billing Owner: GUTHRIE. LARRY Engineer Address: Address 13423 E 32ND Company SPOKANE, WA 99216 Address: Phone: Phone: (509) 255-9528 Phone: Fax: Signed Name Buildin~ /f 456-3675 / Planniq ff 456-2205 Contact: TAMMY JONES natP Suhmitterl %giad2p init~ DATE TECHMCALLY COMPLETE DATE NOT TECHNTCALLY COMPLETE DATE PAY FEES RECEIVED DATE PRIORITY FEES RECEIVED COPY TO ACCOUNTING FINAL PLAT FEES COMPLETED AND COPY TO ACCOUNTING NOTICE TO PUBLIC / NOTICE TO PUBLIC !f 1 3 4 6 COMPLETED - OR NEEDS TO BE SIGNED In-Out al ln-Out A'2 In-Out a3 DESIGN DEVIATION DATES IN-OUT In-Out a4 In-Out k5 In-Out ll6 BOND QUANTITIES FOR DRAINAGE ITEM CALCULATED DATE BOND RECEIVED BOND AMOUNT RECEIVED DATE BOND RELEASE - DATE BOND REDUCED BOND BALANCE Hearing Date Decision Approved Denied Continued Appealed BCC Approvei Denieil ~ Appealed to Court Approved Denied Concinued Final Pruject S4itus STAMPED MYLARS TO PERMIT TECHNICIAN (SYL) STAMPED 208 LOT PLANS TO SECRETARY (SANDY ) r ~ f- r 1, 1 STAFF REP4RTTOTHE HEARING EXAMINER FILE VE-3-98 DI'Vi510N OF BUILDING AND PLANNING SPOKANE CnU~,M' d HEARING DATE: March 10, 1999 @ 10:30 a.m. FILE VE-3-98 PROJECT PLANNER: Tammy Jones, Associate Planner PROJECT DESCRIPTION: Variance request pursuant to Section 14.404.080 of the SpoKane County Zoning Code to allow self-service storage units to be constructed up to the west side yard property line, whereas Section 14.628.325(2) of the Spokane County Zoning Code requires a 15- foot side yard building setback. STAFF RECOMMENDATION: Staff recommends denial of the variance request. . _ _ _ _ Proiect Data Project Location: The site is generalty located at the northwest corner of the intersection of 32"d Avenue and Highway 27 in the S'/z of S 27, T 25 N., R 44 EWM, Spokane County, Washington. Parcel Number(s) 45274.2410 Owner: Larry Guthrie 14323 E. 32"d Avenue Spokane, WA 99216 (509) 922-6121 Comprehensive Plan Designation: Urban (U) Zoning: Regional Business (B-3) Existing Land Use: Self service storage facilifiy Surrounding Zoning and Land Uses: _ • North: Urban Residential-22 (UR . . ' previously classfied as Multi-Family Suburban (fvi: ; (ZE-92-70). Multi-family resi~:nc_s are t~~ rri land use north of the propert;; • South: Urban Residential-3.5 (UR-3.E~) previously classified as Agriculture (A) (ZE-15-59 r Land located to the scuth or thn- site is v~-_unt ur,d undeveloped. • East: Urban Residentiai-3.5 (UP,-3.5) es,abiis,'Ied in 1991; previously classified as Agricultural Suburban (AS) (ZE-200-57). Primary land uses to the east of the s~. include State highway 27 and single famii, residences. • West: Urban Residential-22 (UR-22) established in 199~ (ZE41-92), previously classified as Regional Business (B-3) in 1991, and Regional Business (B-2 established in 1991 Primarv Iar?d uses Icc--'-d wes; VE-3-9:, Staff Report - March 1 of 5 r ~ } . of the site inciude multi-family residences and vacant and undeveloped land. Known Land Use Proposals and Recent land use approvals in the area include: ZE- Recent Project Approvals in the 59-97NE-1-98,a zone reclassification from UR-3.5 to Area of this Project UR-22 and B-3, with a variance from the landscaping standards approved by the Hearing Examiner in May, 1998; PE-1751-94, the preliminary plat of Midilome East consisting of 127 lots on 44.6 acres approved by the Hearing Examiner Committee in July 1994; PE- 1677-92lZE-41-92, Hillview Estates Replat No. 2 consisting of 4.47 lots on 11 acres with a zone reclassification from B-3 to UR-22 and B-3 approved by the Hearing Examiner Committee in November, 1992; VE-21-89, a variance from the minimum lot size for a nursery school approved by the Board of Adjustment on September 20, 1989; VE-197-82, a variance from the required front yard setback approved by the Zoning Adjustor on January 17, 1983; VE-52-82, a variance from the required flanking yard setback approved by the Board of Adjustment on July 6, 1982. Land Division Status: Legal Lot of Record - See BSP-8-84 recorded on May 5, 1987. , Water Purveyor: Spokane County Water District No. 3. Public water is available on-site. . Sewage Disposal: Public sewer is available to the site. Nearest Arteriat and Distance: The site is located at the intersection of State Highway 27 and 32"d Avenue. The Spokane County Arterial Road P1an identifies 32"d Avenue as a Principal Arterial. The Spokane County Division Engineering and Roads has not requested any dedication or Future Acquisition Area. Neighborhood Association: None known • This proposal is located inside the Interim Urban Growth Area (IUGA). • This proposal is located inside the Public Transportation Benefit Area (PTBA). GMA/Critical Areas , Aquifer Recharge Area The subject property is located within the Priority Sewer Service Area (PSSA) and the Aquifer Sensitive Area (ASA) Overlay Zone. Fish & Wildlife Habitat Conservation Areas None iflustrated on the Spokane County Critical Areas Maps. Floodplain Not applicable Geologically Hazardous Areas None illustrated on the Spokane County Critical Areas Maps. Wetlands None illustrated on the Spokane County ! Critical Areas Maps. VE-3-98 Staif Report - March 10, 1999, Hearing 2of5 ~ L ' SEPA This application is a minor land use action and is categorcally exempt irom the State "tnvironmental Polic'; Act. See WAC 197-11-800(6)(b). Noticinq Published: The proposal was published in the Legal Notice section of the Spokesman Review on February 10, 1999. Mailing Deadline: The deadline for notifying property owners/taxpayers on land within 400 feet of the proposal was February 19, 1999. 1724 Comnliance Dates Application Accepted (Counter Complete): April 14, 1998 Technically Complete / Determination of Completeness issued: June 29, 1998 Date Notice of Decision is Due: October 27, 1998 Reviewinq Aqencies 13 agencies were notified on May 6, 1998 and July 30, 1998. Comments were due on June 2, 1998 and August 12, 1998. Agencies Notified Response Date Agencies Notifed Response Date Received Received Received Received Spokane County Division Yes 8/17/98 Fire District #1 Yes 1/18/99 of Engineering, Transportation Spokane County Division Yes 5/7/98 Spokane County Water No of Engineering, District No.3 Development Services Spokane County Division Yes 8/12198 Washington State No of Utilities Department of Transportation Spokane County Division Yes 8/12/98 Spokane County Air No of Utilities, Stormwater Pollution Control Utility Authority Spokane County Division Yes 8/3/98 Spokane Regional No of Long Range Planning Transportation Council Spokane Regional Health Yes 8/10/98 Spokane County Division No District of Parks, Recreation & Fair Washington State No Boundary Review Board AQency Comments: A letter was received from Fire District #1 on June 2, 1998, in opposition to the proposed variance based on concerns over emergency fire access to the proposed building. An updated letter from Fire District #1 was received on January 18, 1999, stating that the agency is no longer in opposition. A letter was also received from the Spokane County SherifPs Office recommending that the variance be granted in order to eliminate a possible nuisance situation. Responses from the Public: A letter was received from an adjacent property owner expressing concern that the proposed location of the storage building would hinder the views of adjacent residents. VE-3-98 Staff Report - March 10, 1999, Hearing 3 of 5 ~ . , r 1 Description of the Site: The subject property is approximately 6.45 acres in size and is generally flat. The site is accessed via 32"d I Avenue which is located south of and adjacent to the site. The site is occupied by a convenience store, car wash and a self-service storage facility. The self-service storage facility is located on the northern portion of the site and is surrounded by a six foot chain link fence. There is undeveloped land located on the north and west areas of the site. Surrounding uses include multi-family residences adjacent to the west and north of the site, vacant and undeveloped land to the south of the site, and Highway 27 to the east. Backqround: The application for the proposal was submitted to the Division of Building and Planning on April 14, 1998. The application was determined to be technically complete on June 6, 1998, and the Notice of Application was circulated at that time. A public hearing was originally scheduled for the proposal on August 26, 1998. The applicant requested that the original public hearing be postponed and continued to a later date due to a personal emergency. Proiect Description: The site is located within the existing Regional Business (6-3) zone and adjacent zoning to the west and north of the site is Urban Residential-22 (UR-22). Section 14.628.325 of the Spokane County Zoning Code requires a minimum side yard setback of 15 feet for any side lot line contiguous to the RR-10 thru UR-22 and RS zones or existing residential devefopment. The applicant is requesting a variance from this dimensional standard to a allow a self-service storage building to be constructed up to the west side yard property line. Staff Analvsis: Section 14.404.081 of the Zoning Code recognizes that circumstances may exist such that strict application of the Zoning Code may cause practical difficulties regarding the use of the property. Upon demonstration to the Hearing Examiner by the property owner of circumstances which create practical difficufties, the Hearing Examiner may grant a variance from the provisions of the Zoning Code. In order for a variance request to receive approval, compliance with Section 14.404.082(1-3) of the Spokane County Zoning Code must be demonstrated by the applicant. Any variance from the terms of the Zoning Code shall be subject to those conditions specifically identified in Section 14.404.082(1a & b). Analysis of the proposal with regards to the Section 14.404.082(1a & b) is as foflows: *Response to 14.404.082(9a): The applicanYs response to questions B and C on the Variance Burden of Proof form indicates that there are no special circumstances which apply to the subject property and the subject property is not deprived of privileges commonly enjoyed by other properties in the vicinity. Response to 14.404.082(1b): The applicant responded to question D on the Variance Burden of Proof form by stating that the proposed variance will not be harmful to the public welfare nor injurious to the property or improvements within the vicinity of the property. The following analysis of Section 14.404.082 (2 & 3), while not to be considered as sole substantiation, shall be considered in the granting of a variance. Response to 14.404.082(2a): Strict application of the Zoning Code standards does not create an unreasonable burden on the applicant. There are existing self-service storage units on site, additional vacant and undeveloped area, a car wash and convenience store. The site has reasonable use without a variance as evidenced by the existing uses of the site. Response to 14.404.082(2b): Relaxation of the Zoning Code standards for the required side yard setback will not allow a more environmentally sensitive, energy conserving design or result in the adaptive reuse of a historic property. Response to 94.404.082(2c): A broader public or community need or interest will not be served by the granting of this variance request. VE-3-98 Staff Repart - March 10, 1999, Hearing 4of5 ~ ~ . , . Response to 14.404.082(3a): The granting of the variance will not be based upon a precedent established by illegal or non-conforming circumstances. Response to 14.404.082(3b): No precedent will be established which will adversely effect the zoning concept for the existing neighborhood of the County as a whole. There have been no variances requested for similar situations in the vicinity of the proposaf. Response to 14.404.082(3c): The applicant has stated on the Variance Burden of Proof form that tfle- variance is required for a reasonable economic return and that the size of the proposed structure would be too small based on the required side yard setback. Response to 14.404.082(3d): The Goals, Objectives and Decision Guidelines of the Urban (U) category of the Comprehensive Plan does not specifically address variances. However, Detailed Definition D states th.~` many r.tF,..r nrtn.Y(-- .f,f^:- t-}^n (4 ~r(-1'-' Rl?kp _n,r1r rI.'_!1!`^}if-.1 i t H' n!1'- anothE Response to 14.404.082(3e): The applicant has stated that the practical difficulty applicable to the site is that the adjacent property was previously zoned commercial, but that this practical difficulty did not exist prior to the purchase of the property. A zone reclassification, ZE-41-92, from Regional Business (B-3) to Regional Business (B-3) and Urban Residential-22 (UR-22) for the property west of and adjacent to the site was approved in 1992. Response to 14.404.082j30: The proposed self-service storage facility is an allowed use in the existing Regional Business (B-3) zone. Response to 14.404.082(3g): The proposal does not impact the density recommendations of the Urban (U) category of the Comprehensive Plan. Summary: The requested variance from the setback standards of the Section 14.628.325 of the Zoning Code is not based on special circumstances applicable to the property including size, shape, topography, location or surroundings and strict application of the Zoning Code standards does not create an unreasonable burden on the part of the applicant. Denial of the proposed variance would not preclude the reasonable use of the property. The applicant has failed to substantiate any hardship or meet the variance criteria of the Zoning Code. Staff Recommendation: The Division of Building and Planning recommends denial of the proposed variance Attachments: A. Maps • Vicinity Map • Site Plan • Zoning Map • Comprehensive Plan Map B. Conditions of Approval C. Agency and Public Comments vE-3-~ : Staff Report - March I - r . ATTACHMENT A MAPS VECiNITY MAP SiTE PLAtv COMPREHENSIVE PLAN MAP ZONiNG MAP ~ VEw3=98 ' i t Map v~ ~ n y cri ~ . ~ VALI-C-YWAY cl: c-i 1A ' t ~ A N 4 ~ U t±V ~w -~1.5 y 4 R.~ C.J E 8. - ~ ~ 2•~0 ,5~ ~ R R `~t0 3n0 2%1) ` RID r 15 t`J t T++ ~ ~ x ca V,,r.r, h+ i~ L 6nH ' / ~ 23 x7 i -a ~ ~ ~ J ~----sr- ~ ~ ~ , n~ q , ~ • . ~ , r~-t - ~ 9 ~ ~zni1 •3~ ~ - ~x cr ti; m ;rs:x ~..i 11 ni u, y 1: rW 1 d jri ] . otrQt 5TH Tu iu 15T"I y ~ ~i 7:r ~ ~ ,r+ ~ ~ r 1 1 7 ~ ~ ( t ~ y~TU ~l ~ n- r o a,4 ~ -~ona TH zo ~ri . ~ ~ 6 TFRP. A W WEry h 2 8 P,~x ~ ,s~ ~ ~ &V n,, R . ~ ~ j-~; o ~ ~ ' 77T'.i 7TM o 9r,41 ~o~1i ~ - Y ~ • ~ tas { C ~ . ~ . ~ = c ~ ~ . 1f :ft 35 TM ~ i , TMc ~ 313 a ~ ~ P;,J~! ; c. ~ • K:L-/ S ~ \ GGCF Not to Scale N' V1C1NtTY h1AP plan Delvelopment Site . . _ . , . t . . . _ • - ~ , ~ ~ . ~ • B • 3 . . ~ - T R A , ,r,~ . , • ; ► ; • ` ~ ~ wI ~ 1 ~ ! 1 ► - , ~ , ~ , -i ~ ~ ~ . ~ ~~a;_o' t.s,u • - ~-,1~ _ ' , ' 1 c1 ~ ' 1 ti ! ~ ' ~ ~ i ~ 1 ' ~ " ~ i"~ ~ ~ ~ ` j ~ ~ ~ ' 2 4 , A • `Cll~ / j / i ' '.r.{ 't ! ~ t 1 ~ ' ~ G~ + 't t~ ~ ` ~ ' ~ , f ~ ~ ! ~ t • i ~ ` 1: % 1 ~ i ' ~ ~ t ; ~ i • ; ~ k~ ~ e - . - 1 ~ ~ ! ~ ' ` 1 22 1► -i'R • v.. ~ L . ; • ' Si'"~`~`.~ - • ~ , ` ~ ~ ~ ~ F U; ~ ; ~ ~ • B-S . , . , ~ . - 1 : ' ~ 4. o. ~ ,ys•i~ ~ • ~ ,_._-r--' " ~.ArST _ ---4-a4-1-6 . I ` ; 1 SITE DEVELUPMENT PLAN Mp ~ ~ d U se Plan t-an (;Omprehensive ~ ~ ~ . ~ 27 I , ~11 0 , n ~ rTL ell 16TN . I ~ s Q 0 ~ ~ 1~ . . . , - ~ . 88 , 5 , ~ . 34 ~ 31 hester - - J g ~ r ~ t 1 ~ ~ 6 ^ S~ring ~ COMpREHENSIVE PLAN MAp N ► i . . , , VEm3m98 Existing Zoning r4. , .1s1s o71s o m° ~ 004 4.2005 4.2006 a-2007 p UR..M 92 70 4 . 0703 4.2501 IM-7 6 85C 4.0704 ~l 014 a.2013 4.2012 e.2015'4.2016 4.3001 4-3002 ` 4.0705 ` • j 29th ~ R- 5:3003 ~ 4.0706 ~.5 74' ~0 104 a.2105 a.2106 4.2107 4.2108 4.2801 4.2305 4.0707 04 - , UR-Z; 92 70 ~ 4.0708 4.2117 4.21t5 4.2114 4.2{13 4.2112 4.2306 _ 1 I^ A ~1 --100 g i ~ 4.2307 4.0709 Skyview ~ J v ~ \ - _I _r t= _ - ~ _ UR-~9 83C L~•- _ _ _ - - 4.0710 :r=-_- - - , 4.2601 4.2602 4. 260 04 ~ I Hill View Est Rplt 1431 - - _ ° 4.0711 ;42 70 ~ Cfinion Add 4 . 4.2903 - 4.2701 4.0T12 4.2904 ~ / '206 - 4a~02 4.0713 ~ 4.2905 4 : 2 0 . - _ - . - , ` . • • _ .i: ' - - ~ 4.0714 . 4.2906 4.2908 / 4 Zo07 4.0715 _ - ^ ~ - 4.2909 UR~ -Hillview.R~ ~!t ~No~2 4 0; 1 E . . . . , p 3 f.~ 4:29i o'' ; 4.2911. ~4270 1677 a 2 ~ 4.071 t~-r~T , ~ . . . . 3 ' . ' . . ~►~~aL . - . ~ . . ~ ~.~~c~ ~ iJ ~ U li v ~."'^~1~~'~~~~~'~_-~'--'-~z~__~..~~ ' ~ . ~ I i 4 I 1 L , • . ' _ _ - - _ r . . - . , . r , , - N'' ZONiNG MAP Not to Scale J , ATTACHMENT B CONDITIONS OF APPROVAL , . . , 7 ~ RECOMMENDED CONDITIONS 1 FoR VE-3-98 A-1 DIVISION OF gUILDING AND PLANNING SPOKANE CnUN'I-l' 1. All conditions imposed by the Hearing Examiner shall be binding on the `Applicant", which term shall include the owner or owners of the property, heirs, assigns and successors. 2. The variance applies to the following real property: Tract 1A; Tract 2 and portion of Tract A of BSP-8-84, Tracts 2& 1 of Auditors #8706230151 lying easterly o; the east line of Lot 4. B!ock l o~ f-{i;l\; ie-w E-s`,~:,,;E:S. 3. The proposal shali comply with the Regionai Business (B-3) zone, as amended. 4. Approval is required from the Director of the Division of Building and Planning/designee of a specific lighting and signing plan for the described property prior to the release of any building permit. 5. The applicant shall develop the subject property generally in accordance with the concept presented to the Hearing Examiner. Variations, when approved by the Director of the Division of Building and Planning/designee may be permitted, including but not limited to building location, landscape plans and general allowable uses of the permitted zone. All variations must conform to regulations set forth in the Spokane County Zoning Code and the original intent of the development plans shall be maintained. Vc-3-98 tilarch 10, 1599 Public Heannc: Division of Building and Planning Recommended . • ATTACHMENT C AGENCY AND PUBLIC COMMENTS R- - brOKANE REGICSNAL FiEALTH DISTI~,~-'T EN V I RONMENTAL HEALTH DI V I S I ON Inter-office C'or1i«iunicati011 TO. 1 ~iIili:l~,~~)i1C:j. LJIv1 1 llillll FROM: Donald T. Lynch, EHS II _ EHD, SRHD SUBJECT: Proposed Variance: VF- 3-98 ( ~ . . _ . ~ . ; _ , l. References: a) N1ap of subject, by applicant, undated, received by this oftice b) Reconnaissance Geoloaic Map of the West Half of the Spokane Quadranlz. Washinaton and Idai Allan B. Gricras, 1966. c) Soil Surx-ev. Spokane Countv. WashinQton. Soil Conservation Service, U.S.D.A., March, 1968. d) SDokane Countv. Washin2ton, EnQineerino Interpretations. Soil Conservation Service, li.S.D.A., August, 1974. e) SDokane Countv Rules and Re2ulations for SewaQe Disr)osal Svstems, Januarv 19, 1995. fj Logs of water wells in Range 44E, Township 25N, Sections 22, 26, 27, 23, and 34. g) Map: Greenacres Quadrangle, U.S.G.S., I973, and Spokane N.E., U.S.G.S., 1973. 2. Findinas: a) This project lies over the Spokane-Rathdrum Aquifer. b) The project is ~vithin Critical Water Supply Service Area ~3 and within the serv ice area of Vera Water & Power. Water supply will be a public system. c) The project is inside the Spokane County Comprehensive Wastewater ManaQement Area, inside the General Sewer Service Area, and inside the Priority Sewer Service Area recommended in the '241' Study. The method of sewage disposal is subject to approval of the Director of Utilities, Spokane County, pursuant to Countr• Resolution 80.0418 adopted ylarch 24, 1980. The topography and soils in the area are not aenerally suitable for use of individual on-site sewage disposal sys, the proper dimensions to permit the use of both an individual well and sewaaz systei:. d) The project lies in a relativelv flit zirt;~ ~vcst of I-I12 hNvav ?7 2nd nor.~ C) _l i ~`7 iT• •,l il` . . ~ '1' `i•.?' i ! . ' . ' { • SPOKANE REGIONAL HEALTH DISTRICT c~OKANE COUNTY ENVIRONMENTAL HEALTH DIViSlON auc 1 21998 INTEROFFICE MEMO xliS It GiN OF BU'j LDI h•'G A►;D C' DATE: Aug ust 10, 1998 TO: Tammy Jones, Associate Ptanner, Spokane County Building and Pfanning Division i FROM. Donald T. Lynch, EHS 11 - EHD, SRHD v SUBJECT: VE-3-98 (Rosauer-Guthrie) The comments for this project presented in the inter-office communication, dated May 28, 1998, will remain. We offer no additional comments. planning.ttr\ ve-3-981 pa r 1 To: TAIVlMY J0NES (Building & Planning) CC: Fram: JIM REO (Uti)ities) Qate: 8!12198 Subject; VE-0003-98 Stage: Hearing Examiner Phase: addi#ivnal storage units SS09 A wet (live) sewer connection #o the area-wide Puh#ic Sewer System is ta be cflnstruc#ed. Sewer connection permit is required. Commercial developments shall submit historical and or esfimated water usage prior to the issuance of the connection permit in order tv estakalish sewer fees, SS15A Arrangements #or payment of applicable sewer charges must be made prior ta issuance of sewer connection permi#_ Sewer charges may include special connection charges and general facilities charges. Charges may be substantial depending upon the nature afi the development. lAlSQ1 Any water service far this prvject shail be provided in accordance with the Coordinated Water System P12n far Spvkane County, as amended. ~ . . . r QFFIGE CF THE SPOKANE COUNTY ENGIhIEER 1426 W Broadway Ave, Spokane, WA 99260--0170 (509) 456-3600 Fax 324-3478 , "ENGINEER' S CONDITIONS C?F APPRQVAL," VARSANCE TQ: Spokane Caunty Flanning Department ' = ROM; Division of Engineering & Ftoads DATE: August 17, 1998 : )JECT: SIDE YD SET BACK +D' CODE 15' JE # : VE-0003-98 / } Hearing 08/2+6/1998 @ 5 : 00 # Review Date: 06/I02/199$ @ # Sponsor/Applicant : CRAIG ROSAUEP. ~ectian Township Range: 27--25-44 P1 anner : TAMMY JONES Technical Review Date : ( @ ) The SPokane County Engi.neering Department has reuiewed the above referenced application. The fallQwing "Conditions of Approval" are submitted tQ the Spakane County Planning Department for inclusion in the "Findings af Fact, Canclus.ions and Qrder/Decisian " should the request be approved. We hav'e reviewed the abQVe refereneed proposal and have no carnments to make concerning the application. CC: t?C]plic_~ilt C:,r:?G ROSAiJE'? Engineer/Survevor ?'Id:~na~ ~~e-~v 7(~*.j~-~ 01/28/99 THU 13:59 Fag 509 892 4125 SPOK.a~ti~E vAL,i.EY FiRE DEPT -+44 BUILDING CoDES [a002 ~ r ~ SPOKANE VAl'LEY FIRE DEPARTMENT Spokane Covnty Fire District 1 10319 FA.ST SFRAGUE AvE. • SPOKANE, WA 99206-3676 •(5Q4) 928-1100 • FAX (5M 8924125 R. Paf Humphties chier January 16, 1999 Tanuny Jones Spokane County Building & Planning W 1026 Broadway Spokane, WA 99260 RL: VE-3-98 Larry Guthrie Dear Ms. Jones: The Spokane Valley Fire Department no longer objects to the issuance of a variance for the property at E. 13923 32nd Avenue. The proponent and the Fire District have come to an agreement as to access to this proposed building. S in4er y, ll er Fire Ins-Dector KM/md cc: Larry Guthrie Word\ in9pect\kevin\j ones i ~ • ~ Spokane Counry Sheriff's Office Mark K. Sterk, Sheriff .'l\` • • ~ Bucrl C. Sthulz, Undersheriff David A. Wiyrick, Inspector _~°uJ.-~ - L1rry M. lindskog, Inspeccor - - ~ John L 5immons, Chief Criminal Depury Walcer "Dick" CoUins, Jail Commander ~ David L. Byrnes, Depury Direaor of Emergency Mgmt. -J,. . ~ 'Dedicated to Building Safe Communities" February 24, 1999 Mr. Larry Guthrie East 13423 32"d Spokane, WA 99216 Dear Larry: After meeting with you on Tuesday, February 23, 1999, and reviewing recommendations by Kevin Milier of the Spokane Valley Fire Department, I have made the following conclusions regarding your property. The property at this time provides an attractive nuisance situation. Chiidren can see inside the property and can throw rocks and other material over the fence and damage vehicies parked within the fenced area. it is also an area that could be used by young peopie to congregate. This area is conducive to illegai behavior such as the use of alcohol and cigarettes. The dry brush that accumulates on the fence when mixed with the presence of young people who are smoking produces a fire hazard. 1 wouid recommend that your application to build atong this property line be granted. This will help to alleviate the attractive nuisance situation that now exists at this location. Sincerely, ~ M*AK 4K.STER , heri Spokane County MKS:skh c: Tammy Jones - County Planning File 11f111 \Y' 1l ,11,.,. - o..t,i:._ Af ' S Ir r ~ . ~ 1998 1 STAFF R E PORT TO TH EHr!`O' N't UAWNER FILE VE-3-98 SPOKAI-',~T DIVISIQN QF BUILCIING ANI] PL~#~JNING COU,'~M HEARING DATE: August 26, 1998 @ 9.00 a.m. FILE#: VE-3-0"::: PROJECT PLANNER: Tammy Jvnes, Associate Planner PRC3JECT DESCRIPTIi]N: Variance request pursuant to Sectian 14.404.080 vf the Spakane County Zvning Cvde to ailow self-service stvrage units tv be cons#ructed up ta fhe west side yard prQperty line, whereas Section 14.628.325(2) ot the Spokane Gounty Zoning Code requires a15- foot side yard building setback. STAFF RECOMMENDATi+DN: Staff recommends denial of the variance reqLjesi. Prviect Data Project Locat+on: The site is generally Iocated at the northwest corner of the intersection of 32' Avenue and Highway 27 in the SY2Of S 27, T 25 N.f R 44 EWM, Spokane Caunty, Washingtan. Parcel Mumber(s) 45274.2410 (]wner: Larry Guthrie 14323 E. 32"d Avenue Spokane, VIfA 99216 (509) 922-6121 Comprehensive Pian Designatfan: Urban (U) Zaning: Regiona! Business (B-3) Existing Land Use; Seff senrice starage facility, cvnaenience stQre Surrvunding Zoning and Land Uses: • North: Urban ResidentiaE-22 (UR-22) established in 1991, previvUSly classitieti as 1Vluiti-Family Suburban (MFS) (ZE-92-70). Nlulti-family resedences are the primary land use nor#h of the property. • South: Urban Residentiaf-3.5 (UR-3.5) established irt 1991; previously classified as Agriculture (A) (ZE-1 5-59). Land located to the south of the site is vacant and undeveloped. . East. Urban'Residential-3.5 (UR-3.5) estabfished in 1991; previousfy classified as Agricultural Suburban (AS) (ZE-200-57). Prirfiary land uses ta the east af the site include State hignway 27 and single family residences. • Vllest; Urban Residential-22 (UR-22) esiablished in 1992 (ZE-41-92), prewivusly classifted as Regiana! Business (8-3) in 1991, and Regional Business (B-3) established ir+ 1991. Primary land uses Ivcated west VE-3-98 StafF Report - August 26 1998, Hearing 1 of 5 ' e r o€ the site include multi-famiiy residences and vacant and undevelaped land. Known Land Use Proposals and Recent iand use aQprowais in the afea include: ZE- Recent Project Apprvyals in the 59-971U'E-1-98,a zune reciassifcation fram UR-3.5 tQ Area Df this Praject UR-22 and S-3, with a variance fram the landscaping standards approved hy the Hearing Examiner in May, 1998; PE-'i 751 -94, the preliminary pEat of Midilnme East cvnsisting of 127 lots on 44.6 acres appraved by the Hearing Examiner Cvmmittee in July 1994; PE- 1677-92lZE-41-92, Hillview Esta#es Replat No. 2 consisting of 4.47 lats on 11 acres with a zane reclassificatian from B-3 to UR-22 and B-3 approved by the Hearing Examiner Gammittee in hJvvember, 1992. Land Divisian Status. Legal Lot vf Record - See BSP-8-84 reeorded on May 5, 1987. Water Purveyor: Spakane County Wa#er District Nv. 3. Fublic water is avadlable an-site. Sewage Disposal: Public sewer is avaifable to the site. Nearest Arteriai and Distance: The site is loca#ed at the intersectivn of State Highway 27 and 32`," Avenue. The Spokane County Arterial Road Plan identifies 3Z1 Avenue as a Principal Arterial. The Spokane Gounfy Division EngineerEng and Roads has nvt requested any ~ dedication ar Future Acquisition Area. Neighborhood Association: None known • This praposal is located insicie fihe Interim Urban Growth Area (IUGA), ~ + This proposal is located inside the Public Transpartataon Benefit Area (RT'BA). • This propvsal is Iaeated outside the 1 U(l0' notifrcation lavunciary of designated Na#ural Resource Lands. GMA1Critica! Areas Aquifer Recharge Area The subject property+ is located within the Priority Sewer Serrice Area (PSSA) and the Aquifer Sensitive Area (ASA) Oveday Zvne. Fish & Wildlife Habitat Canservatian Areas None illustrated on the 5pokane County Critical Areas Maps. Floodplain Not applicable Gevlogically Hazardous Areas Nvne illustrated ort the Spokane Gounty Critical Areas Maps. Wetlands None illustrated on the Spokane County Critical Areas Maps or Wetland Inventary Maps. SEPA DkVS sssued vn August 7, 1998 Comment periad ends August 24, 1998 Noticinq Published; The prvposal was published in the Legal Natice section of the Spokesman Review on August 7, 1998. VE-3-ss Staff Report - August 26 1998, Hearing 2of5 1 1 , ~ y Mailing Deadline: The deadline for notifying property owners/taxpayers on land within 400 feet of the proposal was August 7, 1998. 1724 Compliance Dates Application Accepted (Counter Complete): April 14, 1998 Technical(y Complete / Determination of Completeness issued: June 29, 1998 Date Notice of Decision is Due: October 27, 1998 ReviewinQ Aqencies 13 agencies were notified on May 6, 1998 and July 30, 1998. Comments were due on June 2, 1998 and August 12, 1998. Agencies Notified Response Date I Agencies Notified Response Date Received Received ( Received Recelved' Spokane County Division Yes 8/17/98 of Engineering, ; Transportation Spokane County Division Yes 5/7/98 I Spokane County Water No of Engineering, ~ District No.3 Development Senrices 1 Spokane County Division Yes 8/12/98 Washington State No of Utilities Department of Transportation Spokane County Division Yes 8/12/98 Spokane County Air No of Utilities, Stormwater ' Pollution Control Utility - Authority Spokane County Division Yes 8/3/98 Spokane Regional No of Long Range Planning Transportation Council Spokane Regional Health Yes 8/10/98 Spokane County Division No District ~ of Parks, Recreation & Fair Washington State No Boundary Review Board , Resaonses from the Public: A letter was received from an adjacent property owner expressing concem that the proposed location of the storage building would hinder the views of adjacent residents. Description of the Site: The subject property is approximately 6.45 acres in size and is generally flat. The site is accessed via 32nd Avenue which is located south of and adjacent to the site. The site is occupied by a convenience store, car wash and a self-service storage facility. The self-service storage facility is located on the northern portion of the site and is surrounded by a six foot chain link fence. Surrounding uses include multi-family residences adjacent to the west and north of the site, and vacant and undeveloped land to the south of the site. Backaround: The application was submitted to the Division of Building and Planning on April 14, 1998. The site is currently zoned Regional Business (B-3) (ZE-3-80). The Determination of Completeness and Notice of Application were issued on July 6, 1998, with a comment period until July 19, 1998. The site is the subject of a previous zone reclassification, ZE-3-80, from Agricultural (A) to Commercial in 1980 and a Binding Site Plan, BSP-8-84, recorded in May of 1987. VE-3-98 Staff Report - August 26 1998, Hearing 3 of 5 Staff AnalVsis: The site is located within the Regional Business (B-3) zone and the zoning adjacent to the west of the site is Urban Residential-22 (UR-22). Section 14.628.325 of the Spokane County Zoning Code requires a minimum side yard setback of 15 feet for any side lot line contiguous to the RR-10 thru UR-22 and RS zoning or existing residential development. The applicant has requested a variance from this dimensional standard to allow a self-service storage building to be constructed up to the west side yard property line. Section 14.404.081 of the Zoning Code recognizes that circumstances may exist such that strict application of the Zoning Code may cause practical difficulties regarding the use of the property. Upon demonstration to the Hearing Examiner by the property owner of circumstances which create practical difficulties, the Hearing Examiner may grant a variance from the provisions of the Zoning Code. In order for a variance request to receive approval, compliance with Section 14.404.082(1-3) of the Spokane County Zoning Code must be demonstrated by the applicant. Any variance from the terms of the Zoning Code shall be subject to those conditions specifically identified in Section 14.404.082 (1a & b). Analysis of the proposal with regards to with Section 14.404.082 (1a & b) is as follows: Response to 14.404.082(1a): The applicanYs response to questions B and C on the Variance Burden of Proof form indicates that there are no special circumstances which apply to the subject property and the subject property is not deprived of privileges commonly enjoyed by other properties in the vicinity. Response to 14.404.082(1b): The applicant responded to question D on the Variance Burden of Proof form by stating that the proposed variance will not be harmful to the public welfare nor injurious to the property or improvements within the vicinity of the property. In a letter dated June 2, 1998, Fire District #1 stated opposition to the proposal based on the fact that the proposed location and size of the building is inconsistent with the Uniform Fire Code, and that access would not be available to the rear of the building in the case of a fire. The following analysis of Section 14.404.082 (2 & 3), while not to be considered as sole substantiation, shall be considered in the granting of a variance. Response to 94.404.082(2a): Strict applicaGon of the Zoning Code standards does not create an unreasonable burden on the applicant. There are existing self-service storage units on site, additional vacant and undeveloped area, car wash and a convenience store. The site has reasonable use without a variance as evidenced by the existing uses of the site. Response to 14.404.082(2b): Relaxation of the Zoning Code standards for the required side yard setback will not allow a more environmentally sensifive, energy conserving design or result in the adaptive reuse of a historic property. Response to 14.404.082(2c): A broader public or community need or interest will not be served by the granting of this variance request. Response to 14.404.082(3a): The granting of the variance will not be based upon a precedent established by illegal or non-conforming circumstances. Response to 14.404.082(3b): No precedent will be established which will adversely effect the zoning concept for the existing neighborhood of the County as a whole. There have been no variances requested for similar situations in the vicinity of the proposal. Response to 14.404.082(3c): The applicant has stated on the Variance Burden of Proof form that the variance is required for a reasonable economic return and that the size of the proposed structure would be too small based on the required side yard setback. Response to 14.404.082(3d): The Goals, Objectives and Decision Guidelines of the Urban (U) category of the Comprehensive Plan does not specifically address variances. However, Detailed Definition D states that VE-3-98 Staff Report - August 26 1998, Hearing 4of5 i , . t many land uses may require screening or other performance standards to make them compatibie with one another. Response to 14.404.082(3e): The applicant has stated that the practical difficulty applicable to the site is that the adjacent property was previously zoned commercial, but that this practical difficulty did not exist prior to the purchase of the property. A zone reclassification, ZE-41-92, from Regional Business (B-3) tc Regional Business (B-3) ~-lnCj I Irh^!1 RE=!~ICjC'ntlal-?~ (UR-?7) fnr thP prOpeftv ~Nect nf -n,-~ - - f~c. s I.L./ Regional Business (B-3) zone. Response to 14.404.082(3g): The propos,:I Udoc s n ct ;rn, ct flh~~ ci::nsity rccIorf:~?,~ tiar~ Ur~ , (U) category of the Comprehersive F'Ian. Summary; The requested variance from the setback standards of the Section 14.623.325 of the Zoning Code is not based on special circumstances applicable to the property including size, shape, topography: Iocation or surroundings and strict application of the Zoning Code standards does not create an unreasonable burden on the part of the app{icant In addition, Fire District #1 has stated their opposition io the requested variance based on the size and location of the propose self-service storage building. Denial of the proposed variance would not preclude the reasonable use of the property. The applicant has failed to substantiate any hardship or meet the variance criteria of the Zoning Code. Staff Recommendation: The Divisior, of Building and Pfanning recommends denial of the proposed variance Attachments: A. A~Taps • Vicinity Map • Site Plan • Zoning Map • Comprehensive Plan Map B. Agency and Public Comments C. Conditions of Approval VE-3-9c Staff Report - August 26 1998, Hearing 5of5 i . . A7TACHMENT A MAPS VtClNlTY MAP SiTE PLAN COMPREHENSIVE PLAN ZONING V r, 1041 WA ~ ap ~ic► _ . ~ ~ 3 ~ - RO ~ j L CA ht 1 9 6 61N 1Yia3 > co ~ , ,L t 21" ~ X d ~ ~ ~ 15 16~ ~ #f T1~ ~ 10 'M ZS]ZN ~ T ~ b ~ 17 tr~ ~Q o~ ~ ~Rp X ViEN pARK i o atN R ~ l_~ , "►H ~ ~,~y' ~ , a 7~ 9SN ~ v o . ~ ~ - ~ < • ~ .p, r a 3 ~ ~ ► A 34 •+n' • a ~ t~ ~ ~ ~1~~ ~ TH ''T" t3 3 K - " - ~ ~ ~ P,!jt4 ' t!:L'-S . GGL-F , ~ ~ V1CIN~T, 8 E V an Site Development Pt _ . _ r g•3 , ---t- y,'_ 's _ _ ....--------'j ~ ~ ~ ' . , ~ • ~ ; _ _ + , _ ~ . • : ~ , .'C-4 ~ . ► ` i ~ ' ~ ~ ~ i y ; ~ , t j ~ I ~ ~ P ~ ' C ~ ~ ~ _ . i , _ ► i ~ 4 l , ► 0 241 • ~ - , ' \ f ~ Q ao . 3. • y ~ ~ ; _ I i , i 1 ' ~ ' 1'. 2 a ' • I . o pa ' ~EQ. 5~7Z3~-f y ~ ~ 1 ~ ,i ' ~ U922 TR 1 -A „~,p _ ~ K ,r 2 • , r p ~ , t . / + y i• , „r~~ ~ • • ' , _ I t7 . ' I - . • 1 ; ~ ; ' , ►zo. o , _ ~ . . 1 ~ ~ \ 4. o. . ~ , . . ~ ~ ► ~O s - i 5 , ' , - • ~ ~ ~X ~ ~ N S1TE DEVELOPMENT P1-AN MAP . - rn Q . ` VEm3=98 Comprehensive Land Use Plan ~ 27 1 ' s ~ o - - . , ~ _ 0 ell 16 6 cn ' 4 ~ . er l~ . _ . ~ - 32.ND • 88 7 5 Z W 3 31 cr ~ . ~ J g ° w !I > hester w c T h / r 4 ~ A _ s . Spring N•~ COMPREHENSIVE PLAN MAP Not to Scale 8126198 r ' • . , VE-3-98 Existing Zoning 4.1515 4-0718 m 2AB~t Fpm ..r • , ` k e 004 4. 2005 4.2006 4.2007 UR_22 992 70 4.0703 ' W~ , ~ 4.2501 ~t1 IM-7 ~C 4 .0704 XA 014 4.2013 4.2012 4.2015 4.2016 4.3001 of 4.3002 ` 4.0705 . . _ / 291 h U~t- m ~ R 4:3003 ` 4.0706 -.~4 74 '~0 104 4.2105 4.2106 4.2107 4.2108 4•2801 Z 4•2305 4.0707 304 ~ - - ~ - VA -2; 72 70 4.0708 4.2117 4.2115 4.2114 4.2113 4.2112 ~ 4.2306 , ~ 4.230T 4.0709 Skyview ~ - = - - - - t. UR _ 9+~C 4.0710 s " y 4 . 2601 4.2602 4 . 260, 44 _ - ~ j - - • - ~ Hill Vi w Est Rpit 1431 4.071> = _ . _ . _ • ' _ 92 70 Clinton Add 4 . 2903 . _ . . • c 4.2701 4. 4.0712 ° ~ 4.2904 '206 -22 . - 1466 =4~:, OI _ - 4.0713 u a.2TO2 . ~ 4.2905 '4.2 0 • - _ _ - . . 4.0714 •,~;:i' 4.2908 4.2906 / 4-2909 4 2 OT 4.0715 ~ URT21 J r•.:li='~.r` ' . - • ~ ~ : ; ~ Hil1v~ew EARplt N01` * , . . 4 . oT ► E 3C.4.2910 y4.291~1,~ 4.071 T'L 70 _ 1677 4 . . . . . : . 4 2 - ~ , a- Y I J Not to Scale 8/26/98 N' ZONING MAP ' ATTACHMENT B AGENCY AND PUBLIC COMMENTS ~ 06/02/98 TLTE 14: 50 FAT 509 892 4125 SPOKA-N-E VALLEY FIRE DEPT BUILDING CODES IZ 002 SPOKAN E VALLEY F1RE DEPARTMENT Spokane County Ffre District 1 ' 10319 EAST SPRAGUE A1/E. • SPOKANE, WA 99206-3676 •(`M 928-1700 • FAX (509) 892-4125 R. Pat Hunphrles G'ilef June 2, 1998 Tamrny Jones Spokane County Building & Planning W 1026 Broadway Spokane, WA 99260 12E : VE-3 --9 8 Dear Ms. Jones: The Spokane valley Fire Department: will oppose the additional buildings. The IIniform Fire Coda Section 902.2.1 states that any portion of a building cannot be over 150 ft. Prom a fire truck. 2'his building is almost 65Q ft. long and with it being on the property line, we vould not have access to the rear af the building in case of fire. Sincerely, - Kevin Miller Fire Inspector KM/md r . . ` , - SPOKANE REGIONAL HEALTH DISTRICT ~~~KA~~ ~'~U~ ENVIRONMENTAL HEALTH DIVISION pUG 1 21998 INTEROFFICE MEMO jD1VIS10N1 OF 5UlLDNG AtiD PL~~XNG DATE: Aug ust 10, 1998 ~ TO: Tammy Jones, Associate Planner, Spokane County Building and Planning Division FROM: Donald T. LYnch, EHS II - EHD, SRHD ~c3.~~~, te~ ~ C C~ SUBJECT: VE-3-98 (Rosauer-Guthrie) - The comments for this project presented in the inter-office communication, dated May 28, 1998, will remain. We offer no additional comments. - - planning,ltrl ve-3-981 pa • . . ' ~ Spokane County Public Works Department Division of Long Range Planning _ , interoffice memo Date: 08/03/98 RECEIVEO To: Tammy Jones, Associate Planner SPOKANE COUNTI' CC: John Mercer, AICP AUG 0 3 1998 From: Allan N. deLaubenfels, Planrier avisIoN oF suILD+r~G ANo PLMNtNG F3Y: RE: VE-3-98 Thanl; you for the opportunity to respond to the above proposal. The Division of Long Range Planning finds the following: The proposal is located inside the Interim Urban Growth Area (IUGA) and in the Urban category of the Comprehensive Plan. If granted, the proposal would allow zero setback along the west property line. The adjacent zoning is residential. Permit us to restate the comment made earlier. The only apparent justification for approval of such a proposal is the assumption that the adjacent zonina will be changed from residential to 13-3. The Long Range Division would oppose that because the underlying Comprehensive Plan category is Urban, not Major Commercial. Unless and until the Comprehensive Plan is modified to include the Major Commercial category at this location, the impact of commercial activities should not be expanded at the expense of adjacent residential uses. ~ M E M O R A N D U M DATE: August 12, 1998 TO: Tammv Jooes, Division of ui g and Planning ' - FROM: Br Suns and Kathenne il er, Stormwater Utility RE: VE-3-98 CC: FII,E It is our understanding that the proponent for this site also owns an interest in adjacent property where Grassed Percolation Area (GPA) swales were not placed during the construction on the property-which were required at the time. However, it is our understanding the proponent will be addressing this issue. We want to clarify that this proposal (VE-3-98) will also be required to handle stormwater runoff in accordance with the Guidelines for Stormwater Management in termsof providing GPA swales for on site drainage. K \StormIFCATHR!'J-='DESIGN1ve3S?a doc ~ ~ • ~ ' To: TAMMY JONES (Buiiding & Planning) CC: From: JIM RED (Utilities) Date: 811 Z/98 Subject: VE-0003-98 Stage: Hearing Examiner Phase: additionai storage units SS09 A wet (live) sewer connection to the area-wide Public Sewer System is to be constructed. Sewer connection permit is required. Commercial developments shall submit historical and or estimated water usage prior to the issuance of the connection permit in order to establish sewer fees. SS15A Arrangements for payment of applicable sewer charges must be made prior to issuance of sewer connection permit. Sewer charges may include special connection charges and general facilities charges. Charges may be substantial depending upon the nature of the development WS01 Any water service for this project shall be provided in accordance with the Coordinated Water System Plan for Spokane County, as amended. OFFICE OF THE SPOKANE COUNTY ENGINEER 1026 W Broadway Ave, Spokane, WA 99260-0170 (509)456-3600 Fax 324-3478 "ENGINEER'S CONDITIONS OF APPROVAL" VARIANCE TO: Spokane County Planning Department FROM: Division of Engineering & Roads DATE: August 17, 1998 PROJECT: SIDE YD SET BACK O' CODE 15' - FILE VE-0003-98 Hearing 08/26/1998 @9:00 rt Review Date: 06//02/1998 @ # Sponsor/Applicant: CRAIG ROSAUER Section Township Range: 27-25-44 Planner: TAMMY JONES Technical Review Date: ( @ ) The Spokane County Engineering Department has reviewed the above referenced application. The following "Conditions of Approval" are submitted to the Spokane County Planning Department for inclusion in the "Findings of Fact, Conclusions and Order/Decision " should the request be approved. - We have reviewed the above referenced proposal and have no comments to make concerning the application. - CC: Applicanc C?.'-._G RGSrUEF. Engineer/Surv2yor Planner TAIMqy JOr1ES . . , . • , ATTACHMENT C CONDITIONS OF APPROVAL 1 . • , ~ RECOMMENDED CONDITlONS l FoR VE-3-98 A,-c ~ DiVlSION OF BUILDING AND PLANNING SPOKANE COUT\Zn ~ 1. Atl conditions imposed by the Hearing Examiner shall be binding on the "Applicant", which term shall include the owner or owners of the property, heirs, assigns and successors. 2. The variance applies to the following real property: Tract 1A; Tract 2 and portion of Tract A of BSP-8-84, Tracts 2& 1 of Auditors #8706230151 lying easteriy of the east line of Lot 4, Block 1 of Hillview Estates. 3. The proposal shall comply with the Regional Business (B-3) zone, as amended. ~ 4. Approval is required from the Director of the Division of Building and Planning/designee of I a specific tighting and signing plan for the described property prior to the release of any building permit. 5. The applicant shall develop the subject property generally in accordance with the concept presented to the Hearing Examiner. Variations, when approved by tMe Director of the Division of Building and Planning/designee may be permitted, including but not limited to building location, landscape plans and general allowable uses of the permitted zone. All variations must conform to regulations set forth in the Spokane County Zoning Code and the original intent of the development plans shall be maintained. VE-3-98 August 26, 1998 Public Hearing Division of Building and Planning Recommended Conditions t..C Z f Q-1 Lr4e ~ ) t . t ~AA/) ~ ~~:~1 ~ r OFFICE OF THE SPOKANE COUNTY ENGINEER 1026 W Broadway Ave, Spokane, WA 99260-0170 (509)456-3600 Fax 324-3478 "ENGINEER'S CONDITIONS OF APPR~" VMIANQZ TO: Spokane County Planning Departmen' FROM: Division of Engineering & Roads J~a~✓L ~ DATE: August 12, 1998 PROJECT: SIDE YD SET BACK O' CODE 15' FILE VE-0003-98 / ) Hearing 08/26/1998 Q9:00 # Review Date: 06//02/1998 @ # Sponsor/Applicant: CR.AIG ROSAUER Section Township Range: 27-25-44 Planner: TAMMY JONES Technical Review Date: ( @ ) The Spokane County Engineering Department has reviewed the above referenced application. The following "Conditions of Approval" are submitted to the Spokane County Planning Department for inclusion in the "Findings of Fact, Conclusions and Order/Decision " should the request be approved. We have reviewed the above referenced proposal and have no comments to make concerning the application. CC: Applicant CRAIG ROSAUER Engineer/Surveyor Planner TaMMY JONES I y I ~ S P O K A N E C O U N T Y BUILDWG AND PLANNING • A DIYISION OF THE PUBLIC WORKS DEPARTMEM JAMES L. MANSON, C.B.O., DIREC'fOR DENNIS M. SCOTT, P.E., Dc ~ 1~~- REOF ,,,,L 30 1998 MEMORANDUM SPOKANE COUMY ENGiNEER TO: Spokane County Division of Engineering; Pat Harper, c/o Sandy Kimball Development Engineering Services; Bill Hemmings Spokane County Division of Utilities; Jim Red Spokane County Stormwater Utility; Brenda Sims Spokane Regional Health District; Steve Holderby Spokane County Air Pollution Control Authority Spokane County Division of Long Range Planning; John Mercer Spokane County Division of Parks, Recreation and Fair; Steve Horobiowski Spokane Regional Transportation Council; Glen Miles _ Fire Protection District No. 1 Spokane County Water District No. 3 Spokane Transit Authority; Christine Fueston ~ WA State Boundary Review Board; Susan Winchell WA State Department of Transportation; Mark Rowher FROM: Tammy Jones, Associate Planner ` IT DATE: July 30, 1998 SUBJECT: Review and comments for the hearing of August 26, 1998, 9:00 .a.m. , FILE # VE-3-98 To allow self-service storage units to be constructed up to the west side yard r property line. 27-25-44 Sponsor: Larry Guthrie, c/o Craig Rosauer Note that the application, maps and Lnvironmental checklist were previously circulated to your agency on May 6, 1998. Please review and return any' comments and/or recommended conditions of approval to me by August 12, 1998. wc ~ Attachments: Notice of Public Hearing ~1026 WEST BROADWAY AVENt1E • SPOKANE, WASHItiGTON 99260 PHONF: (509) 456-3675 • FAx: (509) 456-4,703 TDD: (509) 324-3166 s ~ . . . NOTICE OF PUBLIC HEARING SPOKANE COUNTY HEARING EXAMINER TO: All interested persons, and owners/taxpayers within 400 feet YOU ARE HEREBY NOTIFIED THAT A I'UBLIC HEARINC WILL I3F HFLD ON THE LAND LTSF APPI,ICATION LISTF,D BELOW, AS FOLLOWS: Applicafion: V L-3-98 Variailcc; rcyue51 tu allu`~s~lf=sei~ice sioiaa~ iiI1115 l0 UC COI]SLl'UCit'.d Up tl) 111C west side yard property line, whereas Section 14.628.325(2) of the Spokane County Zonina Codc requires a 15-foot side yard setback. Hearing Date and Time: August 26, 1995 9:00 Place: Commissioners Assembly Room, Lower Level, Wurl:s W. Broadway Ave., Spokane, Wash i noton. Applicant/Owner: Lany Guthrie Owner's Designated Contact: Cr«io (2)125 N. 1:.!., Otis Ur;:tlards, \V,1A ~ Location: Generally located at the northwest corner of the intersection of 32"d Avenue and High,"~:) - in the S'/2 of S27, Twp 25N., R44 EWM, Spokane County, WA. Comprehensive Plan: Urban Zoning Designation: Regional Business (B-3 i Environmental Determination: A Determinatioii uiNun~,ibmii:~ A1lcc ~~Ia5 i5sutLi D~.t;:~- of Building and Planning. as the lead agencv. The comment period ends 8/24/98. Related Permits: Non(2 Division of Building & PlanninIgStAff: HEAIZING LXA1tiIINEIl YKUC;LllUlZ1:5 Hearing Process and Appeals: The hearing will be conducted under the rules of procedure adopted in Spokane County Resolution No. 96-0294. All interested persons may testify at the public hearing, and may submit written comments and documents before or at the hearing. The Heari.ng Examiner may limit the time given to speakers. A speaker representing each side of the issue is encouraged. Any appeal of the Hearing Examiner's decision will be based on the record established before the Hearing Examinc:. pursuant to County Resolution No. 96-0171. Environmental appeals will follow the same procedura l route as the underlying action. All hearings will be conducted in facilities which are accessible t persons with physical disabilities. Inspection of File, Copies of Documents: A Staff Report will generally be available for inspectioii seven days before the hearing. The Staff Report and application file may be inspected at the Spokam, County Division of Building and Planning, 151 Floor Permit Center West, Public Works Building, 1026 West Broadway, Spokane, WA, 99260-0050, between 8 a.m. and 4 p.m., weekdays, M-F, except holidays. Copies of documents will be made available for the cost of reproduction. If you have any questions or special needs, please cail the Division at (509) 477-3675. Send written comments to the Spokane County Division of Building and Planning, 1026 W. Broadway, Spokane, WA, 99260, Attn: Tammy Jones, File No.: VE-3-98. Motions must be made in writing and submitted to the Spokane County Hearing Examiner, 3`d Floor, Public Works Building, 1026 W. Broadway, Spokane, WA, 9926{ 0245. f i T RECE VED l), ~ ERMINATIQN OF NaNSIGNIFYCANCE _ "DNs" AUG 0`/ 1998 SPUKANE COUNTY DIV'ISI(3N (]F BUILDING AND PLANNING RESPCINSIBLE +GFFI+CIAL, JAMES L. MANSON, DIRECTO§iOKAhlEGOUMMy ENGINEER WAC 197-11-970 and Secti on 11.10.23 {l(3 ) SP(]KANE ENVIRaNMENTAL ORDINANCE FILE NUNiBER{S}. VE-3-98 DESCRIPTION OF PRUPOSAL: Variance to allow self serviee s#orage units to be constructed up to the west side yard property line, whereas Sectian 14.628.325(2) of the Spokane County Zaning Code requires a 15-faot side yard building setback, APPLICANTIOWNER; Larry Gut2irie O'VL'NEii.'S DESIGNATED CaNTACT: Craig Rasauer, 6I25 N. Campbell Rd., Otis Orchards, WA 99037 L(}CATION (7F PRQPaSAL: Generally lacated at tiie northw~st corner of the intersectian of 32nd AWentie and HigIlway 27 in the S'/2of Section 27, Townsiiip 25 N., Range 44 EWM, Spokane County, Washington. LEAD AGEItICY: SPOKANE COUNTY DIVISIUN OF BUILDING AND PLANNING DETERMINATTUN: The lead agency for this prop+asal has determined that it dnes not have a prpbable significant adverse impact an the environment. An Environmental Impact Statement (ETS) is not required under RCW 43.21 C.D3a(2)(c). This decision was made after review of a completed environmental checklist and other informatian on file with the lead a,gency. This information is available to the public vn request. This DNS is issued under WAC 197-11-344(2); the Iead agency will nat act on this proposal for at least 15 days from the date issued (below). Comm+ents regarding this DNS must be submitted no ta#er than 4:00 p.m., August 24, 1998, if they are intended to alter the DNS. All comments shauld be sen# to the contACt pcrson listcd below. By: Tammy Jones Title: Associate Planner Phone: (509) 456-3675 Address: Spokane County Divisian Qf Building and Planning W'est 1026 Broadway Spaka e, WA 99260-0050 DATE ISSUED. , I998 SYGNATURE: kitm-cwul CC3MMENTS REGARDING ENMRONMENTAL CON+GEIiNS ARE WELCaME AT THE HEARlNG. APPEAL [)F THIS DE7`ERMINATI(Ji1i, after it becames ftnal, may be made to the SPQKANE C(]UNTY DIVISIUN (7F BUILDING AND PLANNING, Ist Floar, W"est 1026 Broadway, Spokane, WA 99260, The appeai deadline is ten (10) calendar days after the signing of the decisiQn to approve or disapprove the project. This appeal must be written and the appellant shauld be prepared to make specific factual objectians. Contact the Divisian of Buiiding and Planning to assist you witll the specifcs far a SEPA appeal. This DNS was mailed to: 1. WA State DepartrrYent of Ecolagy (C)tympia) 2. Spokane County Division of Engineering; Pat Harper 3. Spokane County Division of Utilities; Jim Red 4. Spokane Regional Health District; Steve Hal$erby 5. Spokane Counfy Air Pollutian Cantrol Autharity 6. Spokane County Stormwater Utility; Brenda Sims 7. WA State Boundary Review Baard; Susan Winchell 8. SpQkane Regianal Transportation Council; Cilenn Miles 9. Spokane Transit Authorifiy; Christine Fueston 10. WA State Department af Transportation, Niark Rowher 11. Lvng Range Planning Division; Jahn Mercer 12. Fire Protee#ion I]istrict No. 1 13. Spok,ane County Water District No. 3 ~ ~ OFFICE OF THE SPOKANE COUNTY ENGINEER 1026 W Broadway Ave, Spokane, WA 99260-0170 (509)456-3600 Fax 324-3478 VARIANCL . • TO: Spokane County Planning Department FROM: Division of Engineering & Roads o:i C44Ai ciff gov DATE: May 19, 1998 PROJECT: SIDE YD STT BACK O' CODE 15' FILE VE-0003-98 / ) Hearing @ # Review Date: 06//02/1998 @ # Sponsor/Applicant: CRAIG ROSAUER Section Township Range: 27-25-44 Planner: TAMMY JONES Technical Review Date: ( Q ) The Spokane County Engineering Department has reviewed the above referenced application. The following "Conditions of Approval" are submitted to the Spokane County Planning Department for inclusion in the "Findings of Fact, Conclusions and Order/Decision " should the request be approved. i. We have reviewed the above referenced proposal and have no comments to make concerning the application. e CC Applicant CRAIG ROSAUER Engineer/Surveyor Planner TAMMY JONES . M E M 0 RA IVDUM DATE: May 13, 1998 TO: Tammy Jones, Division,of Building and Plannmg FROM: BrendarSims and Katheruie Miller, Stormwater Utility RE: VE-3-98, and SEPA Checklist CC: FII,E The SEPA Checklist does not, address a system of stormwater disposal It appears that the checklist was not accurately completed Also, only the even numbered pages,of the checklist were provided, not the full c:-Iecklist We recommend denial of VE-3-98 until a complete SEPA Checklistrthat address, all applicable questions has been provided for review ' C-1W(N00WSITEMP1ve398 doc - l • ~ • Kimball, Sandy . From: 'Hemmmgs, Bdl Sent. Thursday, May 07, 1998 11 58 AM To: Jones. Tammy - Cc: Engelhard,;Scott, Pederson, John, Harper, Pat, Kimball, Sandy, Busko, Doug, Mdler, Katherme Subject• VE-3-98 - Craig Rosauer . 5-7.-98 I received the above referenced appiication on May 7, 1998 I have no comment on this proposdi , I consider this applicatio`ri,to beetechnically complete. Page 1 ~ Y RECEVED ; . MAY 0 6 1998 S P O K A 1-4 E C O~ UNM BUILDING AND PLANNING • A DMS10N OF THE PUBLIC WORKS DEPARTMENT JAMES L MANSON, C B O, DIRECTOR DErnvLs M ScoTr, P E, DIREC'rOR TO' Spokane County Division of Utilihes, Jim Red Spokane Regional Health Distnct, Steve Holderby Spokane County Stormwater Utility; Brenda Sims Spokane County Development Engineering Services, Bill Hemnungs WA State Department of Transportation, Mark Rohwer Spokane Regional Transportation Council, Glen Miles Long Range Planrung Division, John Mercer Spokane County Fire Protection District No 1 FROM Tammy Jones, Associate Planner DATE May 6, 1998 1~ RE VE-3-98, Variance Request to allow self-service storage units to be constructed up to the west side yard property line, whereas Section 14 628 325(2) of the Spokane County Zoning Code requires a 15-foot side yard building setback The Spokane County Division of Building & Planning accepted the above -referenced Variance as a"counter-complete" appllcation on Apri128, 1998 Acceptance of the Variance application and designating said application as "counter complete" vests the application for review with respect to current regulations and for review to determine technically complete status The County now has 28 calendar days to circulate application to affected agencies for their review Additional rnformation may be requested by affected agencies allowing the County to determine if the application is technically complete If addrtional information 1s requested, the 28 day time period wnll be suspended until adequate information is received For this application, the "design review" process will not be utilized and your specific review comments are reyuested within 28 calendar days from May 6, 1998 The 28 day calendar day comment period ends on Jtine 2, 1998 Please forward your review comments or requests for additional information in the form of inemorandum or letter to Tammy Jones. If you have any questions regarding the application and review process, please contact me at the Division of Building & Planning at 456-3675 wc c Craig Rosauer, 6125 N Campbell Road, Otis Orchards, WA 99037 Larry Guthrie, 13423 E 32"d Avenue, S okane, WA 99216 1026 WEST BROADWAY AVENUE •~POKANE, WasMtvGTOtv 99260 PHONE (509) 456-3675 • FAx (509) 4564703 TDD (509) 324-3166 . , - . ~ . i 1 - ~ - y • i ~ ct~ 1 ~ OR~ ~ ~ l ~ 30 .Z , , L p E ..1 _ S-ro S ~ ~ C, , • • , ~ spoxure rMaorME►rrAL oRntxurce (VAC 197-11-960) Seccioa 11 SD :30(1) A QAGCCHOOQD (tontimued) j ~ 9 Do yw lmov vhecher •ppliestioos ate g~ediog tor goveeexatal approval• ot ocher proposals direecly atteecing cl+e property eovereA by voar proposal' Lt yes, espLio ~U 10 Llat aoy governmeot approvals or pecotts tluc vtll be needed for your proposal, it 1atowa ~C:;- &24w" ,~z-,? 11 Give • bHef. camplece deseelptioa ot your proposal. ineluding the Ptoposad use• and the si:e o[ the project •nd site `tiere ace eeverol queetloos 1acer la chi• chectlist that ast you [o deseripe certala aspect• of rour proposal Tw do not oeed to repnt thoee anevars oe thle Oa4c ~'~/✓s' ~ ~ GtG ~ ,Ga K~ Qjg UAJ ;d~^ ~y /~n/ . Locatloo of the proposal Ctve •uttielent lntormatlon tor a peeson co vnderstand tho peeeise location ot your peoposad peoseec. Lneludtnp a street sddress lt ony. and seetion. toviu hlp •nd ranga, t[ knovn It a psopo"l vould eeeur ovar a eaege o! •sea, provide the tanRc or bouadartes ot the slte(o) Provide a legal deseripclon •ice plao. M einitp maP, and toyoaraphle map. tf reasonu blq svallable .thtie vov should aubmlt ae+y plans reaulred by the •geeey. rw are no[ reauired to dupllu ce sap• or datailsd plans submltced vich any peeolt applleacton eeLted to this checklisc ~s/ _ ~ rAA C:- A r~ Doea the praposed setion 1!• vtchie the Aauller Seeuitive Area (ASA)' -he Ceneral Saver Servlee Area' -he Priorlty Sever Servlee Aree• 'he C•tv o[ Spokane• (See Spolcaae Covncr's ASA Over L r 2one 4t L• tor poundarles) b0~~ -o ae coePt,E-ZD ey arPLteurr 8 HiVIROMS9-.AL e3L=iTS Evalwtlon ror Ageney tlsa Oely ' AP-n a Cenaral desertption ot che stte (eirel* oea) I L t. rolliag. h111y. steep slopea. oouetataous ocher D lhac ts the •ceepest slope on the slCa (appeoslmate pereent slope)' 1+Q"~ Aza-7- .y-916901 v c '+hat genersl cypas ot solle •re tound on the slte (tor esample, clar. "od, gravel, peat. auck)' Lt you knov the claeslflcacioo of agriculcusal sotls spclty thaa •nd noce aay prlne tatsland s~~ d 1re thera sucfaee tndlcationr or h! uoh ot unstable sotls in the lmeAlate vtelnlty' If so. descrlbe `v ~ ~ I/ SPOUM MMPVM'lf.HTYY QONZRMYi ('aAt 197-11-960) Saetion 11 lb 270(1) D LtNIAOHlQiRAL ELZl~S (coetinued) Evalwtion for Agency Uee Onlr (7) Escimace the aownt of till and dradge sateslal tl+at vould ee p Lced !a or reaoved Irom the sur[ace vacer or vetlands aod indiute the area o( the •!te tlut vauld De atEeeted Iodieate the sourte of lill oatesial (4) Wtll the proposal ceauire snrtaee watet vithdrsval@ oT divarslons• Cive a general deaerip- tlon, purpose and approaiaace quaatities. !t knwn A I n (S) Qoe• the proposal lie vichie • 1"aar tlood plalo3 21 so. aot• loutfoe oo t1w site p Ln LY~ JC5 ti O 7' (9) Ooas the propo wl tnvolve any dleel+mtge• o! +eutt ssteslals to sue[aee vaterO I( 00. deaerlbe the typa of veeet and aotlelpaced volur o( dlsehatga j44D ► Cround (1) Vill groundvater De vltDdrava. or vtll vacer Ee d! a harded to Touidvater' Ctve Qeneral descriptton, purpose. and approatsace awaclcies. i[ lmorn ~f~ Deserlbe vaate saterlal tAat vfll be dlselucded loco tAa grwod Irm septic taak• or ochar •aoitscp vaste tru caeot taeiliq DasesiEe tM gseeral si:e of che srstm. cMr ouoptr of house• to be servad (it applleable) or the amber of pecsoos tlse syu eo(s) are espsecad to serve (7) Daser3be any @racese, ot1+er chao tAose dtsigoed Ioc the disoe wl o[ saeitaer vaste, instslled foe the purpose of dioeharging fluld• belav the grouod surtaee (loeludeo qstes• .ueA a• chose tor the dlapossl of scoes vaees or dtaleas* trm lloor dralos) peseribe tM cype of systes. che asount of meeeisl to bt disoosed of througb tM @rocs and clu cyyes of meerlsl• likely to De dioPossd e[ (ineluding asceelals vhlch aay aetes t~. he qsc~ioadveetentlt th[ough spl11s or as a easalt o[ [lrelLShtlns aetivttits) ~(2a1J r (4) Vill aay ehesieal• (espeeiallr osgaoie solveoc• or petsolem Iwls) pe •coted !n above- grouad or uodargrouad storags tadul If so. vlat eypss aad quaucitis• of mtsciaL vill be stoced' 4 r, SPOKIINE ENYIROlOIEMTJIL OROINJWLE (HAC 197-11•9601 Sectton 11 iD I30(i) • L i! J B ENYiROMMEMTIU, ELENEI(T'S (continued) Eraluation For 5 ANIMALS Ageecy Use Only a Clrtle any birAs and animals wAfCh hare been observed on or neer tht slte or are knarn to Oe on or near the sltt birds Aawk, heron. engle, songpirds, other rtammsls deer, pear. e1k. beaver, other PA!Rd1 .Ar ftsh bass, salmon, trout, herring. she11f1sA, other other p List any tl+reatencd or endanqered sDecies teorn to ee on or neer the s1te. c ts the site part of a migration route7 1f sa. explsin d Vroposed racasures to preserve or enhance wildllfe. 1t any ~ 5 ENERGY ANp YATURAL RESOURLES a Yhat kinds of energy Ielectrit. natural qas. vood stove. solar) w111 be used to meet the the coeepieted project's energy needs• Oescrfbe vhether tt r111 b* vsed for l+estlny, aynutac- turing, etc iG 1,7-N/ b uould your project attect the potentlal nse of solar enerqy py eQjacent propertles' !I so. generally describe &0 c What kinds ef energy conservation features are include0 1n the plens of thls proposat'► list other oroDOSed neasures to reduce or controt energy lcvacts. If anr I&Ao~' I eNVtaoxxeNTAt NcALTx a Are there •ny envlroneental heelth Aaiards. Inttudtng axposure to toxtc cl+eAtcals, rlst o1 ftre and explosion. sp111, or heiardous tiaste. tnat coufd occur es a resuit ot this proposat? lt so. destrl0e NO (i) Describe special energency servlces thet mlght be requirea 6 ro ~ sronat ZNTMOBM►Qru. oantPANa (YAC 197-11-960) Seecion 1110 230(1) ~ • • D EH9Ia0t1KRll,i, LI.DQIRM (eoutinusd) ~ °valw[!on Pos Agancy Ume Oa1y j Approafoately Aov oauy peopla vould tM conplated pcoject dlsplue! k Proposed seisurea to avotd or sadut• 41spLemeat Lopacts, 1I aa? 1 Proposed oessures to eiuure tl+e Pcoposal is eoapatlDle vith esistiat aod projeeted LM use• sod plsns, !f anr 9 HOUSINC a Appro:laately hov aany unit• vould se Psovlded. it aalf Inditate vlottw c hlgM. dddlr , or loriocome housing b Approsisately hov aan7r umlts, 1I aar, vould De elialoatadt Iodleate vlrtM[ higM. dddls-, or lov-ineose hauslag c Peopo.eA measures co reduce or ooacsol Aousing lspacts. lt sor 10 AE5:1lhTICS • vhac ls the «llest helghc ot any proposed st nutuse(e). not laeludiog sotemasf Wwt to tM petneSpial eiterlot pulldlrts astaslal(s) pTOposid! t l* D Mac vievs la the laoedfate •lelAitr vould be •lcered oe elstruetedt Jzo c ProFaeed measure• to reduee or eoatsol mothatie ispaets, tl ao7s 11 LtGH- ~D CLARE • 1ha< <raQ of light os aLre vill t!r psoPoaal pcodueat Jhwt tiM oI day vauld Lt maloly oeenr' D Gould light or g L:a iros cl+e iinished Peojeec be a safety hasaed or lutertere vitb •leww! /(6 e whac eziecing oft-site •ousea• o( light or g Lre *41 •itees ywr propoeal' tv aW ~ d Proposed ae,asura• to taduea ot eoncrol lighc aod g L ta lopaets. it asy: /)6 AE-s ~a-V- v4veZv 8 r, sror.uM urvtIaaMrrpL oaniNANCZ (NAC 197-11-960) Saetioo 11 ZO 230(1) a ~ 1 J S. II7PIA0WMRM B.IIMERS (eontiawd) Evaluation For Aganey Ose Only [ Aov sany vafiicular trip• pee dq wuld be gaoerated by tl+a eanplsted p[oJaet' Il lmovu, lndieate vAeo peat vould oteus Daer.?S a g Propoaad aaasucaa to radnet or eoatsol transpo[tatfoa lspaets. i[ aa>> A2ZES Ave4" 7ZWIOL V LS AUBLIC SE81ItCL5 a Vould the projaet sesalt lo an loesaroed oMd !or 9nb1le sentee• (Ior asasple. Iire 9roteecioo. poliee proceccion, healeh caee. sehoola, ocl+er)f Ii so. senerally desesibs /'IO b Propoaed soasures to reduce or eoetsol disaet impaet• oa public •eniees, aaya /-.)naFJ, ALbw- / 16 l,"ILI~IES ~ a C!e e utilities eu~r 1e ac the Ott• el~ctricitr'natusal gas. •cer alui0 ~ ervie . telcphone, saaita~ sawc •aotie ersts. p Deseribe the utilities that •ce psoposed toc the Otojeet, the ntility ocovidios the seeviee and the geaesal constsvetioa aetivitie• oa the sfte or lo the immediate vleinitr vhleh aLght be aaedad EL~C Z'~~ ?`Y N ~UGT~ a fV V Gl"Y c~~~/`~ ~K~1~ I~t/ tJ■ ' ~r i1~ !A"'~ C SICHA?IIRL 1. the undersignad. NYt undar the penalty el pesjuey tAat the apove respoores ast tide truthlnlly and to the besc ot sy koovladge I also uederscaad chsc. •Zouid chsss be moy villlul atseepsesencation os vlll[ul lut of lull dleelosuse oo sy Oatts the asaney may vlthdtav aoy decetnlnscion of noasigaifieaoee that Lt alght lssue in rsliaoee upon thls eAseiciist Date ProPoneat $1001 a (Pltass Psiot or Type) Proponent Addteu 4zi Z! ! tu ~ Pl+one 4f~ Pae~oo eosp eiag tots C`i~~ Oatai Phoae YOR STATY DSB OttLT Statf smber(s) revinving eMeklisc Sased oo chis •cafi raviev of the asvicomental eAeeklisc ud ocMr pertloeac inloniatfon. tlti uaits A Coaeiuda• sAst chere •ra no psobabla sigatticanc advstse laputo and seemeod• • deteealoacion ol nowlgni[leaaea E Coneludes that probable •igollleaot advarse eevironaeatal impaee• do e=iat tor the caennt proposal aad ceeomaead• a aitigated dece r oioation o[ aoomi;nitieaaee vith eooditioeA C Coneludao that tAase are proDable iignifieaot adverse euviroorntal ispaets aod reemeods a detaesioatioo o[ •ignitieanee TILIIIG PU - !75 00 10 • y~/~~ r--~- . ♦ ,1 , ~ SPOKANE COUNTY DIVISION OF BUILDING AND PLANNING APPLICATIONS 6EFORE THE HEARING EXAMINER , Property Owner(s) ~ 1 t~► r Ie, Street Address BY~3- lub-p a"zl. City Wdpe State Zip Code go- Phone (Home)Z.S (Work) - ~ Fax ~e5t- f; y ~ gd 411 ~ Applicant/Agent 5, T Street Address City 0 ' = State ~ Zip Code ~0;r~►7' ;Z , Phone (Home) c35~;(Work) ' 5~,~~'r1f Fax ^ REQUESTED ACTIONS(S) (Indicate appropriate action) Condltional Use Permit Expansion of a Nonconforming Use Variance(s) _X Other Existing use of property ~ ~a ioz4~ ~ A'bZ n Describe proposed use of the property, notmQ chanQe ftom 'extstma use' 4PD ! 7LoNaf :s:~ aeC- iC u1L~ i -''C If a variance appiication, state the Code standard and describe the variance souQht in comparabie terms (i e, 50 feet from centerlme verses required 65 feet) G~ 1~ ~~z^,4rti,~,4~n ~5~ ~~SA:a~ TiW1 104n/` i" If a conditional use permit application, does proposat meet all standards? Y~ If not, has one or more variances been requested Y" N If home industry, has consultation occurred ith the Division of Bui(ding and Pianning regardmg construction of buildmg for mtended use? N 4ize of the subject property Parcel No (s) c5~75W',a FD9~ Street address of property (if known) / ~ 3Z .~p= Legai description of property (mclude easement, if applicable) dCl-el c-Q64X ✓ ~c~' ~ ' 1d&q 1(Source of legal Total amount af adjoining land controlied by this owner, sponsor and/or agent What mterest does applicant hold in the property _ o v~onu r.4? State of Washington) SS County of Spokane ) I swea of perjury, that (1) I am the owner of record or authorized agent for the proposed site ~,~ot►t written permission from owner authorizing my attions on his/her behalf is attached, a g 0 ponses and those on supporting doctiments are made truthfulty and to the best edge O • C ~ Signed ' Date /-2/ / ~ pUBLl h y-~ ~ q9~215,~ Nota Pdblic in and for the Sate of Washmgton, residmg at My appointment expires FOR STAFF USE ONLY Section c17 Township Range 1' Violation/Enfotcement Y N Fire District =#J CW1NP sewer purveyor CWSP wafer purve or CUP standards met Y N r ON/k Existmg Zone ~f's Cite appticable section Comp Plan designation Arterial Road Plan designation Critical Areas W tlands Habitat Geologic WA. Aquif r_~. ~ &/or Flooding N Lot, i al & add' ownership checked by Person domg preapp conf A. Other/previous DWision of Buiiding and Pianning actrons involving this propert, SEPA complete appfication date Certificate of Exemption No Applicafion No Heanng Date Various site plan dimensions check by . • APPLICATIONS BEFORE THE HEARING EXAMINER PAGE 2 of 2 A BURDEN OF PROOF FORM(S) (by BppIICBttt) it is necessary for the applicant or his/her representative to establish the reasons why the requested action should be approved and to literally put forth the basic argument in favor of approving the application Accordingly, you should have been given a form for your requested action (vanance, conditionai use, etc ) designed to help you present your case in a way which addresses the criteria which fhe Hearing Examiner must consider Please complete the form and return with your appltcation B. SIGN-OFF BY COUNTY DEPARTMENTS ANO OTHER AGENCIES applicant must visit each agency whose number is circled ) SPOKANE REGIONAL HEALTH DISTRICT 1. ~ a ProPosed method of water supply LIA~ b Proposed method of sewage disposal A preliminary consultation has been held to discuss the proposal The epplicant has been informed of requirements and standards We request consultatfon with the Division of Building and Planrnng Y N (Signature) (D te) (Sign-off Waived by Div of BIdg/Planning) SPOKANE COUNTY DIVISION OF BUILDING ANO PLANNING FoR OME INDUSTRY ONLY A preliminary consultation has been held to discuss the proposal The applicant has been informed of reqwrements and standards for the buridmg, based upon the opo ed use ~ ~ ~_,11y!(Signature) (Date) (Sign-off Waived by Div of BIdg/Planning) QrePOKANE COUNTY DIVISION OF ENGiNEERING AND ROADS liminary consuitation has been held to discuss the proposal The appiicant has been informed of requir ments and standards We request consultation with the Division of Buildrng n~ Pianning Y N a 1 ` ~ ~ c. (Signature) (Date) (Sign-off Waived by Div of Bldg/Planning) 0 4. SPOKANE COUNTY DtVIS10N OF UTILITIES (Division of Buiiding and Planning may waive if outslde WWMA) A preliminary consultation has been held to discuss the proposal The applicant has been mform d of requirements and standards ag, ( e) (Date) (Sign-off Waived by Div of B1dg/Planning) j J The applicant is required to discuss the proposal with to become informed of water system requirements and standards (See #a below) The applicant is required to discuss the proposal with to become informed of sewage disposal requirements and standards (See #b below) a WATER PURVEYOR a . WjAk ClAbizil 43 1 The proposal isrs n located within the boundary of our future service area 2 The proposal is/is not located within the boundary of our current district ` 3 We are/are not able to serve this site with adequate water 4 Satisfactory arrangements hevelhave not been made to serve this proposal (Signature) (Date) b SEWAt3E DISPOSAL PURVEYOR: A prelimmary consultation has been held to discuss the proposal The applicant has been informed of requi 7ents and standar s (Signature~ (Date) IIE MP KJS 4 fl' . ~ L VARIANCE BURDEN OF PROOF FORM Name: Zfil,~Qy File Number. • • . • A ~~vanance~~ ~s the means by which an adjusanent . ~s made in the apphcaaon of the spec c reguladons of the zoning classificadon for a pardcular (the subject) piece of property. This property, because of special circumstances applicable to it, is deprived of privileges commonly enjoyed by other properties in the vicinity and in a similar zone classification. This adjustment remedies the d,ifference in privileges. A variance shall not authorize a use otherwise prohibited in the zone classificado,n in which the property is located. The following quesdons will help to determine the outcome of your request Your request requires accurate and complete responses. Fust circle either the yes or the "no answer(s) following the questions below as they apply to your situation and then explain as needed (in the space provided) to make your unique situaaon clear. Certain phrases from the 7oning Code of Spokane County secdon on variances are included in these questions and are underlined for convenience. ~ A. WiII this variance pernut a use which is otherwise prohibited in this zone? Yes No Explain: ~ ~ ~P/vw' ece2" B. Are there snecial cucumstances (lot size, shape, topography, location, access, surroundings, etc.) which apply to the subject property and which may not apply to other properties in the Yes CW) Explain: f C. Is the subject propeny de,prived of nnvileges commonlv enjoy-cd by oth ' in the vicinitv and in a similar zone classificaaon? Yes 90 Explain: D. Will this variance be harmful to the public welfare or to other properties in the vicin~ and a5urular zone classification7 Yes 6§70D Explain: , E. Are there other similar situations in the nn asimilar zone classification? Yes ~o Are they pennitted uses? Yes No Are they "nonconforning" uses? Yes No Explain: F. Could the subject property be put to a reasonable and permitted use by you or another person without the requested variance? Yes ~ . Explain: lV ~n Eo M>,eg G. If this request is granted, will the subject property be more environmentally sensiave, energy conserving, or will it promote the use of an historic property. Yes No Explain: flTl 4j2 Iw &V L~~~► Page 1 of 2 . H. If this variance is granted, will the broader public need or interest be served? Ye No Explain: j941Q I. Will this variance be inconsistent with the purpose of the zoning which applies to the subject property? Yes No Explain: ~J. Will approval of this variance grant to the subject property the privileges of a different z e classification (in other words would this be a"de facto" zone change)? Yes o Explain: K. Will this variance be inconsistent with the general purpose and intent of the Comprehensive Plan? Yes No Explain: L. Is this variance required for a reasonable econonuc return from the subject property or is the existing structure too small? 6es) No E lain: ~'SC r-JUr- ~~'u ~ ~ ~~Tor~/945,.- tPVZ)k " ~ a-m ~ ~ AAlio M. Did the nracdcal di.ffiicultv which caused you to apply for this variance exist before you owned the subject property? Ye No Explain:-J-02RQ!°F1024'y N. If approved, would this varlance affect land use density reguladons which exist to protect the Rathdnun/Spokane Aquifer? Yes CO) Explain: The following space is for further explanation. Attach an addidonal page(s) if needed. , You are invited to present additional photographs, diagrams, maps, charts, etc. in support of this apphcadon. We have the equipment to display video tapes. No such additional material is required and in any case it must be BRIEF and descripdve of issues which need to be considered in reladon to dus requested variance. If you have quesdons about the procedure to be followed feel free to contact the Spokane County Planning Depardment at 456-2205. RP-vaRLarrcE, BURDEN OF PROOF FORM Page 2 of 2 xEv. s192 ' VEm3m98 Vicinity Ma p . ~ vAL-EY`'vAY N ~ W 1.► AN ~ ~ ~ ~ ~ ~ ~ 15T . RAGUE 2N0 2ND ~ 3ao RD ~ rH ~ w6iv{ ~ 23 ~ " TM 9nH S 9TM ITrA 1 TN m ~ y ~ U 12 ~ 11 A a~ 913TH a tana Z 4TU Y < < O d µ O _I-Ir > - D A. 1sTM tish+ ~ ~ • } ` ~ 17 'M 20 Tl'i 1 T z - OTR , . I VlE1N A ~ 1 ~ a pARK ' 28 ~ d 26 L~ T" a rA • ~ ~ N ~oh+ 9,54 ~ ~ r ¢ w a ~ < r ' ~ . 5 . .33 a ~ . , PAIN TEL) Hrus cocf . ~ VICINITY MAP N~ Not to Scale r . . I , U R 22 - : ~ r- . a t ; t; ~ ~_TR -A 6'3 " j _ • , - - %a µ ! 1 1 ~ • ~ L~ ~ ~ ~ ~ _ ; I j , '40% ltl , 1 Y ~ ` , \ t. . .1 ! . • ~ ~ ~O.Ci Af, 24 <O : ° ~ i %9 ~ • ~ ^ a... ~ ; ~i ~ ~ ` • ~ ~ i ~ ~ ~ ' ~ , • 5~~~~ , , • U ; : ~ j ~ + ~ -~o ~O P I N,E . 1 • . i ? o ; ~ ~ i r~ ' ! ~ ~~~~c2 s•e~-n~acc - ~ o i ~ ~ ~ I , U R 2 2 to R • ~ _ 1 . . o.oo.r--~ T R 1 A B' 3 3 2 T•! pt,,itre ; . , ~ ~ ~ ~ , • , . . ; ~ Y- I rf ~,.s• _ 1 ~ ~ ` ~ r' • - - - 94.0' ~ ~ _ _ _ : _ • _ f E-A-ST 3 2-N D---qVE-N-UE I . ~ V I C I N I T Y PLAT SCAIE ~ SURVEYOR'S CERTIFlCATE t~~ ri ~g~cy, f ~ TRl• up cecroetly reDresent• • wrvey "Ee 4y M ^ •r uader q Att.cclon in conforHeee rlth W ' [ Provlslon• e[ tAe lp%sne I«..Iwer«I / , ; 7~ ,1 ulwnt■ •s pe - _ - _ - - _ COYAtr mlMlng /le ~ 'f y.r~. - -~r~~}~ ~lfi ~i LM) • . --R SKYI~/EA' AV£NUf A s ' 8+9ft .t covnrrr o ro ~ u.' ~ . s~.w ..rr: r ~ ~ r -r-----,------i'.• ~ : 1,... AU ~ R - iy So! j e.ucK I:i ~ . I.a~~~ '~y,•,y►1. ~ ~ S~s•! a7A ~.k\~;r~~ 1 V1 _ I j ! ~ L I ~ :li ~ ~ 4 ~recs.oo - cr~ S° I t .v:tL tl,ew ESTi~tfS n£pt~' Na; gr• T uss.s 195!59 ti ,-I t r r,i t oo G- - l. 1 L ~ I I ~ ►Mrc~r teMt ewivc o~~w~ F~~ ~ ~ BEAR/NG BAS/S OF ' ~ ` a~ ~ " COUNTYCQMMISS/ONERS " L. scM ~ g{,~L' , 1 I ~ p i rne e.•rtn4 0[ f ~f•»•oo• ■•1eny en• EXAMI EO AND APP OYED E I rontociln• ef ]3nd. A.enut. per ■ILL Vtit g qar oF 19~ asr~res r•coaew fa ~ooa f, et n•c. ry. ~ ~ L+ ~ µ~L ~a' w ~ u~~d •.th. Wsl• et Warieq !or tEl~ 1 I i 2 I~ine~n~ fie• ►1•n. PAPCEL A CH IRM OF THE 9CLORD i ~ ~ t ; COUNTY ENG/NEER T0.ACT i EXAMI~W(O ANO PPROVED ~1A 1 j N TMS 'DAY OF~ • ) i • > ~ ,!.r.: «Y {E E SPOKANE COUNTY EN lNEfR COUNTY HEALTH TRAt7e w i j ify a edos ~ •2~ ~ It c S 0 SF~,~,-DAY ERo `a~ a~v°r'E'r 1~ ~I ~F•t~~~~ ~ I Iw..~M'.w. n~' ~ SCAI[ 1• IOe ~ 1 ~ ' I Il~t~• 1rNN'• T.l /r.I V~M~ M~w. J ~•y 37 . j ~~r►•• a• SPOKAhF COlNVTY MEALTN OFflCER 0 L----- R ---f JZ #i oe-~A i•rfta M ~~E~eT cERTREASURER M. ~R. LEGEND ~►EOIlIREO TAXES ON TME MEREOM ~ rurrea LAAo Have' MEN ft,Llr Io~. a mArou rouim (Af oru) PA1D T►RS-i. 0AY OF ~lt t,; ~s 7s ~ o mucu se u:- uw ur 106 ~ - ~»mvu~a~ nuwn rIes ~ ~n■ rooerc f so -~/:'1'~%l P£ A I : 1 DERlTY ' W4cnleq•. lpolan, Gevnty !a• ~ot r~rl~ved or ~pprov~d _ •►nei.iau.i wuei~ .it.., .u. .a,.... ►nei.►.°' W,NO COUNTY PLAMINING dralnaq* . lndlrldual ~se~r. 1nO1-lAU&1 Gewt s1atlablllt~ or e.r•. a' r~~. oceor lM1v lAaa1 utllltr lmprovernt~. 7poMane County !o• net n.... c... EXAM!~.-7~~7 AND AP D itce[s1neE that futute puildlrp •It~• ewply rlth N. Spo4ane TH/S S..' DAT' OF , 19~ Cow~cr iowln? aein."t oc otMr developrnul ruta• or r.qul.«o,. .pol«.sle t..," aev.le°n"`. ACKNOWLEDGEMENT Tnu th* eonele, ono e~ syprw~l to to-i-8o tam uen0ee pp •eean'• ' AOMIN13TRATOA ott~conatuon • o.ol.to~ ~~cn r~c-~«~~t-ni .n.tt ~p ty co tucc 1. srAri or wAseiNtroN t ~ w1► th. h►~ . a.d,~ tb. «lb COONT, of s.,g"z , COUNTY UTILITIES \/nOlnq flt• Ilas tIf/-/4-1. Dn cnl• ff~ 0•I o[ Q"~- 1967, peter• N MreonellY • PMSrea Lar[y tA~t tM~ p~e~l~low~ ~pt~n~ ao~er as►~.~.. tMt •r• ln 3uthrlt. • Slnql• perw6t Toseps P. eascecu •M Rucn sancecce, huoDanA and pIRECTOR~~nawa~o~~ •[t~et •t tM tlw e! •~ullAln ►:r~lt-!IC• Mr~lo rlL~ G~yl• Y lsAnion,~ssi~t~nt vic~ ltss~d~~t of t~• O~~~t wort%ve.t ♦.deral ^ i 9 pNnt ►lan• Savi~gf •nd Goan A~.oe, ~tion Sf the indivtdualt ~he •recutcd tne rtlhtn and ~S ~ OAr OP ~!f! lssu4ne~ aMll 0e spelluplo. (o[eqolno tnltrumenc and aCknovledg• tn• 2~wt te Oe tneir (tr• and volunu[y i a[t and dtad (oc aq• ufes and pufpolaf 1~~[sin w~~tlonsd. ~\1is~~[~ ~ I• W1VrL3! IY~~[0/. 1 Aaorv~ Mrwneo so [ my heM •M a![lnW my etClelal •as1 tne dry •nd yur.Ifr~t ~s• rrlccsn. Sf'GMfa C 7Y~~i.NIITIES pRECTl7R CLAREIYCE E. 11MPSON ENGINEfRS !w M(Tw[s! IetRt01, w haII• nor~qqnw wt our Dand 4ne •lfl.W our aY eorlsslon esylrts 7•?S~}w ~M. 909 ARGOHNE ROAD •~.l en1s e.r at . 198►. iouYOI-ie aan o~ u+• uu o ashinqton assldtnq •t ~1n..trt r~~nlnqtoe 3POIfANf. WASHlNGTON " • E• SPOKANE COUNN i~ Sr.r. o. .~~t~, , o pi~ P. ..e.cc. ~t s"C. tt cOOMrr Jr I . `"`s jut°.Y An~r:l V. " .°p.•"° BINDING SITE PLAN 1lIC~q~C[I• • ■l/1a1• ~~OI~ \i Lil~ 111AlY(AYal YIW 0 tfCYCb Lh• YIC11~1 \I~d toro nq l ln~trw~ne and aetnwlW~• tee ■ou Co M nls free anA rolunury!•et ~ •n0 a.ea for cno usu and purpoee• Mretn venelon*d. ^4-8 wp~ lMn i~ Z~ IY M[fA[ff NY~REOl. I Mr• A~teunce set my hand and alCl.eA ■y of[lelil @esl c n. e.y .~w 7ur [1c. c ~so~• +rI cun,. l TRACT$ 2 AND IA C~en/tOr~r ~f•nv`~ my eor~lssion e■p1res ~~e ( y P^"1 UA G~ IA L Aetaiy T~ e n• or • e~c♦ o olTT'r7d~ R~~ldlnq .t ot 41G •l..ia. SFC27,T.25N.4.44E.W.M. , I . . - - - - - _ . ~ OEDICATION r • ~ , _ ~r. u~ ~l~~~~~~ w~~N Mr~lw ~fwY~~l~~ •Ip ~ ~rnia~Opa.l.~W. ' ~ : . ` . 5:.. 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H...• r ri~~ /tlMa ~w W~r .•I uall Yr ~~I~M w M~\ M Y~M 11MIw tlu ~Yr~., ~nT f~tu~~ n ;~u ~,r ••I~• r~~., ~~wwii. . u awr ...ie.~.. e«. a.rr ~~r~.. w.i ~..~.e~~r i.. w...•w.~ THE SW I/4 OF SE 1/4 OF 5ECTION 2T. T.28 N., R. 44 E.W.M. ~M~IIt U111~1 Iw~~~}/ y Iw W ll w ~ Y~,Ir~~r~ W Iw .,Y ` `~u..~ ~`+a` er . 41~11:i ~...~r« ..«~.r.~.`i~... ~ r+u~ n.. •n'r r w. ^•iun. t.. w qn w~w~.ta.i SPOKANE COUNTY. WASHINGTON .~u .r..!~.~nw .ea r ..~wiw ~ r..l.. r.1~ r q,. ..~•auy ~+~t. e.~ ~wh ww wr~.A Y~ aM ~ww~ ~Iw~ ~tiw~rl. ~~~u Ywtr~~ M Ys1~1 ♦ wIH rr~.~~~. NOVEMBER 1984 CLARENCE E. SIMPSON ENGINEERS. INC. . ~~nw. ...m u w r i• u.w. .r " ~"101w SCALE I"- 100' SPOKANE. WASHINGTON ~~1~~ Mw~~~. ~~~1 Yll Y~er 1C{~L Y(W "}r~t ~~'~~1 ~1M~~ 1~~~ ~I~i~f.'~ • W~I ~iT ~~r ~ r~♦ x n~-I~M w~~1~ w~l~~w w~~l~ w~l~u~. I Parcel; 45274.2410 Owner: GUTHRIE, LARRY L CoOwner: Owner Address ~I I 13419 E 32ND AVE SPOKANE WA 99216-0148 Site Address 13415 E 32ND AVE SPO ~ ° I i Legal Description ` HILLVIEW ESTATES TR 1A, TR 2 AND PTN TR A OF BSP 84-8 TRS 2& 1A AUDITORS I ~ ~ I #8706230151 LYG ELY OF E LN OF LT 4 BLK 1 HILLVIEW ESTATES ~ R:P! REPLAT #1 EXTENDED S TO INTERSECT W/N LN OF 32ND AVE BEIN ~ G A PTN OF BLK 21 ~ l..-~ _ - - - - 1 I I - I I i i I I I Notice: This is not a legal document. Data depicted on this map is general & subject to constant revision. It is intended for reference use only. Legal tlocuments should be obtained from the appropriate agency. - - ~ X ~lp1d~1 J1 ~i i;~I~i1l# e ~ ~ i . i SeaFch ~ =o Help Microsoft V, ord Section Map Search Results Section 27 ; Township 25 Renge 44 . . Z 3 ~ ta A 7 g 9 Ii' uJ 13 ~ A JL i~ fi L / , f ' ,~0 1 G y , ~ F;'1~lt„ 1 I? "•.r ! ~ ~ J l i ~4 ~ ~ T. 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