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VE-2-84 (2) FILE N0. : k":-2-84 ~ AFFIDAVIT OF MAILING STATE OF WASHINGTOPJ ) ) SS. COUNTY OF SPOKANE ) Paula Miller Being fi rst duly sworn on oath, deposes and says: That I am a citizen of the United States of America and over the age of eighteen years. That on the 25th day of May, 1984, I personal ly deposi ted in the United States mail at: The Spokane County Courthouse, W. 1115 Broadway with sufficient postage prepaid, a true and correct copy of the Findings of Fact, Deci s i on and Condi ti ons of the Spokane County Zoni ng Ad,j ustor dated May 25, 1984, to those parties 1 isted on the attached memorandum dated May 25, 1984. . Si gnature of Appl icant or Agent Subscribed and sworn to me this 25th day o f May, 1984. . , , NO~ RY I-C I lAND~FOR OKANE COUNTY, WAS1~IfdGT RE~iDING AT S OKANE, WASHINGTON : - OFFICL JF THE , ; i :J AQ 1 \ I \ ~Al r1 , • ,I PLNUNi NG DEPAffrrEur DATE May 25, B84 SPONANC COUMTY GOURT MOUSC T0: FILE VE-2-84 FROM: pAULA MILLER, ZONING ADJUSTOR SECRETARY 4~1 SIBJECT: MAILING OF FINDINGS & ORDER DATED MAY 259 1984 A copy of the amended findings for File #UE-2-84; James S. Black, was mai 1 ed to the fol 1 owi ng pe rsons on 5/25/84: 1) Paul Sleeth, James S. Black Co. 2) D. J. Hume 3) Dept. of Transportation 4) Mr. and Mrs. Jack Johnson, objector of record 5) Roger Repp, objector of record • 6) Nell ie Bal dwin, objector of record 7) County Engineers Office 8) Dept. of Bl dg. and Safety ~ = I NTEROFF I CE P-'EM0 = MU10RANDUM (CHECK ONE BOX) _ CK $ MARGIE 10KNSot:, . . ` . , R E C E I V E ~ So. 415 Koren Rd ~J SPokane, WA D R 00 1984 SPOKANE COUNTY CPA PLANNIN '.D RTMENT ~ J ~ I . :un: A-v ~ . ~ . . ; ~ ~ - , _ ► ~ 176, r ~ !L "~U-S~~ ' c \ ~ - 4-a--.d . ,4 • ~ , 1-1 t~` - - r r ~ \ 47 _ , ~ ~ ~ _ - - ~ f ~ f ~ ^ 1 ~ / - ~l/' ~_.G~Q r , ~ / . • . / . ~ . t. t -1~ ~ t~7d~ r ! - -J~-~i~`- , r , ~ ~ ~ ~~-~fi, ~ r ~ . • ~ _ •-.c ;L_ • t I . y . ~'~t ~,,..2,~ 1 , l~--t . ~ ~ ~ ~ . AA7tR /'tVE DAYS RE TO ~ ~+g~^- - c ~ t s~s'sa°` ~ , ~a l. ~ ~-r So_ 415 Koren Rd 5 F,= R -~-u~ ; . Spokane, WR i9 84 ~ ) ( ` ~ ff , v" , ;1'Vl/~/ ~✓'Z" • ~ r,F r~in,n,~ N P I ~~•lo: Spokane County P l ann i nq - Zon i nc7 Ad j[J FR0M: Spokane County Uti 1 i ties 3'%' DATE: ~ SUQJECT: V~ Ca~~~, MAR 12 198,"~ SPOKAhE COUIV ii P! pMNING QEPARTMEN' ~i i Ur'~Uall ~t:.U i.hc_, Eoar~ O i CUUfliy' LUIii;Ill SS iGll~'t'S Resol utiorI I~O. ~u-1~1~~i~, ttl~~ use of on-site sewer disposal systems is hereby authorized. This authori;~~;- tion is conditioned on compliance with all rules and regulations of the Spokane County Health District and is further conditioned and subject t(, specific application approval and issuance of permits by the Health Disl!-! . ~ The Owner(s) or Successor(s) in interest agree to authorize the County ~ place their name(s) on a petition for the formation of a ULID by petition method pursuant to RCt! 36.94 which the petition includes the Owner(s) property and further not to object by the siqning of a protest oetition against the fo rmation of a ULID by resolu-tion method pursuant to RCW 36."" which includes the Owner(s) property. PROVIDED, this condition shall n( prohibit the Owner(s) or Successor(s) from objection to any assessment"_ on the property as a result of improvements called for in conjunction w~.~ the formation of a ULID by ei ther peti tion or resol ution under RCb1 Chapter 36.94. Any water service for this project shall be provided in accordance with the Coordinated Water System Plan for Spokane County, as amended. (4) There are no recomnendations concerning the method of sewaqe disposal as the project is outside of the 201 sewer study area. (5) Water service as approved by the Spokane County Health Oistrict and/or the Washington State Department of Social and Health Services. ~6 rws ~ unit shall be double plumbed for connection to future area- wide collection systems. (7) A dry sewer connection to the future area-wide Sewerage System is to be con- structed. Plans and specifications for the dry sewer connection are to be reviewed and approved by the Utilities Department. (8) Located within the Critical blater Supply Service Area but not within any purveyo r's district. May be serviced by an individual well owned and oper- ated by 1 ot owner. (9) Any seweraae service for this project shall be provided in accordance with the Comprehensive Wastewtaer Management Planfor Spokane County, as amended. 4 OFFICE OF COUNfiY ENGINEER sPOKAME coUNrY, WASHINGTQN AQte Mareh 7 19 84 tnter-office Cammunic+ation r Spokalne CQUnty Zan~.ng Adjustar ~ Fram Sob McCann, Land Development C4ordinator SubjQCt Agenda rtems Scheduled far Hearing March 14, 1984 i, CUE 3-84 Hasley - No cvmments concerning this application. 2. VS 238-83 Law - See attached camments. V3. VS 2-84 Black - Applicant is requesting relaxation of building setback requirements which are specified by the Spokane County Zoning QrdinanGe fvr the Commercial Zone. The property is presently zoned Multiple Family Su}aurban. It is unclear as ta how relief may be granted from the prvvisions of the ordinance when, in faet, the provi- sions of the Commercial. Zone do nat apply ta property which is zoned Multiple Fami1y 5uburban. The applieant appears ta be familiar with the requirements of the Sgvkane Cvunty Zoning Ordinance. He has made application for a zone change aetion which proposes the rezone of the properCy fram Multiple Family Suburban to Commercial. This will go before the Spakane County Hearing Examiner Cvmmz.ttee far consideration May 3, 1984. If the project as proposed does not comply with the provisians of the County Zvning statute at the time of app3.ication for the zone change hearing, is it not the responsibility of the applicant ta bring that project into campliance with the zoning? If relief frorn the provisipns of the County Zoning statute is in order, then shauld relief be granted after approval of the prnposed zone change? Does approval of the variance by the Zonin,g Adjuskor priar to the approval of the zone change constitute an implied sanction or approvaZ of the zvne change? Fourth Avenue is a designated Secondary Arterial within the Spvkane Cvunty Roadway System. The Gounty Engineer would request two feet of additianal right-of-way along Faurth sa that the necessary roadway improvements might he constructed. Normally, this right-of-way wouid be requested at the zone change hearing; hawever, since this variance actfon is right-of -way associated, the Cvunty Engineer requesCs that the dedicatian of two (2) feet additional right-of-way be a requirement of this variance appraval. This requesr i.s being made pursuant ta the provisions of Board of County Cammissianers Resolution $0-1592 whi+ch authQrizes requirements for right-of-way dedicatian in associativn with variance requests, 4. VE 5-84 Wheatley - See attached comments. 5. VE 16-$4 Unicume - No comment concerning this application. . ' ECE IV E b. VW I8-84 Parks - See attached cQmments. BMc/set 1984 5paKAN~ COu~CMEN~ PLAl~N1NG DEpA I N I E B 0 f F I C E = m E m 0 B A N 0 u m Februa.r.y 29, 1984 TO: Doug Adams i FROM: Tom Davis ..~c/ SUBJECT: March 14, 71-)8 1. , i as per Section 301 of the Uniform Buildin,~- ('()ch- VS-238-83 &/VE-2-84 VE-5-84 ► ► „ VW-18-84 ti t► rf iVE-16-84 All signs require building permit as per Section 3.08.010 of Title 3, Spokane County Code gW E V E R E C ~,AAR 0 11984 SpOKANE CO RTMEN PLANNING DEPA Spokane County . , DEPARTMENT OF BUILDING AND SAFETY s North 811 Jefferson ~ d ~ Spokane, WA 99260-0050 . I 1 ~ F I L E NO. ef - AFFIDAVIT OF MAILING STATE OF WASHINGTON ) ) SS COUNTY OF SPOKANE ) I, Betty J. Sieckman (Print name) Being first duly sworn on oath, deposes and says: That I am a citizen of the United States of America and a resident of the State of Washington, and over the age of eighteen years. That on the 2 nd day of March 19 84 ~ I personally deposi e in tfie United States mail at: S. 107 Howard Street 500 Columbia Bldg., Spokane, 4lashington 99204 with sufficient lst class posta e prepaid, a true and correct copy of the NOTICE OF HEARINt, a copy ot wfTich is attached hereto and incorporated herein by reference, to the recorded real property owners and/or taxpayers, as shown on the Spokane County Treasurer's records as of the 28tn day of Februar , 19 84 , who have been found to own property within a three hundred x~~ peri phery of the appl icant's control 1 ed property The notices were addressed to those individuals and sent to those addresses as indicated on the attachment attached hereto and incorporated herein by reference. DATED this lst day of March 10 19 84 . _ ~X - - _rl V gnature,~o pp ican or agent R ECEIVEI) , Subscri d and sworn to me this ~ o ~'~AR o i 1984 of , 9 . SPOKAIVE COUNTY PtANNING DEpqRTMENT Notary u and fior o cane County, Washington, e dinq at Spokane, Washington ~ ~ - . Aurora Improvement Co. Anthony D. Bruton Box 30728 W. 919 19th Avenue Seattle, WA 98103 Spokane, WA 99203 Central Park Dev. Lee Cheers E. 5900 4th Avenue E. 1221 12th Avenue Spokane, WA 99206 Spokane, WA 99202 Doug I. Donally Eastern Prof. Prop. Inc. S. 410 Howe Street ATTN: KATZ PAUL Spokane, WA 99206 N. 414 Camden Drive Beverly Hills, CA 90210 Donald H. Foss William Hobbs E. 5900 Fourth Ave. S. 501 Howe Street Spokane, WA 99206 Spokane, WA 99206 J. V. L. Corp. Mr. Jack Johnson E. 5615 Third Avenue S. 415 Koren Road Spokane, WA 99206 Spokane, WA 99206 E. J. McCadam Justus Nordhagen S. 426 Howe Road Box 4311 Spokane, WA 99206 Spokane, WA 99202 June B. 0'Connor Charlotte R. Perin S. 513 Howe Street S. 418 Howe Road Spokane, WA 99206 Spokane, WA 99206 Ron E. Presta Rainier Mortgage 10931 Hunting Horn N. 720 Argonne Road Santa Ana, CA 92705 Spokane, WA 99206 Jack Robertson Harold A. Steele c/o James J. Williams, Inc. E. 5624 Fourth Avenue E. 5711 Third Avenue Spokane, WA 99206 Spokane, WA 99206 Trailer Inns, Inc. Jo Ann Woltering N. First Street E. 5620 Fourth Avenue Yakima, WA 98901 Spokane, WA 99206 Mrs. Heinz G. Zegke E. 10000 Sprague Avenue Spokane, WA 99206 - • t~ 1 ♦ 1 0-1 8-C! ' Mr. Tom Mosher Spokane County Planning Dept. W. 1026 Broadway j-0 Spokane, Wa. 99260 Re: Interpretation (VE 2-84 & ZE 116-83) Dear Tom, The above reference~d :zctions pertain to a property you and I were formerly involved witti regarding a rezone and variance, for a mini-storage facility at Fourth and I-90 ne1:t to Bekins Storage, (East Sprague Exit I-90). At the time, I represented the late JaLrtes S. Black, who soon thereafter passed away from cancer. Hence, the property was never developed and has been held in the family trust until recently. The current user would like to develop the property for an office and warehouse for his personal use. At issue iE, the question of whether the variance runs with the land or thc land use? The p`lanning staff rendered a c]ecision that thc varian.c-e ran with the use and therefor we would have to obtain another variance for this change of use, (see attached exhibits~. After further review of the rezone Findings and you~. variance Findings, I disagree with that conclusion for the following reasons: 1) The rezone decision deferred the issue of setbacks to a subsequent variance decision of the Zoning Adjustor. In lieu of such variance approval, the site mu~t otherwise meet zoninc: setbacks. 1~_ 2) The variance was requested for a?~ setback from I-90 and th Avenue. The deci s ion al lows a setback of 25 ' f rom 4 th Avenue and 20' setback from I-90. That decision was based on findings that: a) the site was irregular in shape; b) the usability of the site in recognition of required setbacks was minimal; c) the additional dedications along 4th Avenue further restricted the use; and d) other uses in the vicinity were located closer than the minimum setbacks, notwithstanding variance approvals. ~y 3) The decision has nothing to do with land use type, but rather 1_#J the natural h- :1~ti; -,~F site. 4 ) To state t- _ . - - _.~L.1 the land is to infer that the project generates the hardship. This would be a violation of sbte law governinq the approval~ ; of the varianc;e. Based upon the above, I would request that you review the~ attached and provide•me with your written opinion on the same. Please note, the site is now further burdened with Dept, policy for "Future Set Aside" along 4th Avenue thus exacerbating the ? situation even more. In this regard, we intend to setback from ' the adjusted property line of the rezone decision and not flirther , ~ . ~ UC/~ ~ ¢.~,~i..~ J c~vL J fi~ry~i+z.r yL(~L-j., ~f ~P~✓ ~ ~Q~r~l,UC~ ~-~t-CSi-~- .z = ~ ~ * , ~ L I1 C U i i l Ijti i, ~ 1-1 L, U S ci IJ 1 1. 1. 1: y 01- i_ I 7 I i- ,.1. V.' c~ I!(1 comment is greatly appreciated. Res ctfully Submitted, i Dwigh J. Hu T and Use Pl .~rznincT Con-,ult-;.int CC: Bernardo tiv'ills Architects Encl: Findings & Order Excerpts ZE 116-83 VE 2-84 , _ - - - - - ~ -t'/-~ - _ ~ ~C~ ~ ~ ~-Jj _.t+ •i -C„_ \ Y ~ ~ • l ~ ' J ~ - 1' 1~!` S i ~ ~ + ~ ~0 y ~ ~ ~ ~ y~is.P ~?~C -~•1 r~ ~ ~ ~ ~ ~~i f ~ ~ . - ~ I . ° ~ ~-~'~s h..o~, ti~✓`~- -P.~~.;.~-: ~ ~ - ~I s Y~~vt s ~ t&L A41-0~ - - ~ LG 4'4-16 ` (y~//Q~/ ~J~ ` V` ~ I J j'IV - ~ ~L/' -{rW~~ ~ ~~V -J ~ V`.'l/I l`/~~~5.- ' 4 ~ ID q - 6...- , ..N(~ tA J ~ U ~ , fct - - - - ~ ~ • ~ 1 ~ Az ♦ ~ . - V : ~ - - - I . AcAol~&; A,4 J ~ ' ~k-00" A ~bov~ - A~ ~ . t.A;~ ? • ~ - ~ W~ . 0 M . v %.I ' ,0r - . . . ~ . . ~ , A44 ~ • ~ ~ #4.1. Ae;~ *vcck,~.ti tk fa,,.,4 (-2a . VUWVLO. c,-.L 0~f~. . . ~ ~ I/~~N ~ .Fl . . . . . G~ S . . , vt.4-e. ~tJ~► t~r- Q,-~- ' . ~ C~~ rl,~•u~ ,~/1~, . . ~ (4-v ~ ' . az t,M ' / To%,` _ . ~ U~ . ~ ~o • • k) o tutu mt A4rcGA Ymsc+' vv Sc,+Co c4c . ~ v 11.0%" G;I1 OOOZ . , • vi - ~ i r' , . ~ f _~_l,~ ~ 'v~~ ~ , ,Jv~J , rv~J _ . . ~ ~ 4 - - ~ p 'pf~ . - ~ - - - - 6L . - - 1 ~ V ~n ~-WtL Iv1 n D o,\Jl 'F-F-v 1r--W 4f FRIDV toU S LY ~ J , , 10-18-93 . • Mr. Tom Mosher Spokane County Planning Dept. ~ti'A~• W. 1 026 Broadway OCT 20 1993 Spokane, Wa. 99260 ~ Re: Interpretation (VE 2-84 & ZE 1 1 6-83 ) Dear Tom, The above referenced actions pertain to a property you and I were formerly involved with regarding a rezone and variance for a mini-storage facility at Fourth and I-90 next to Bekins Storage, (East Sprague Exit I-90). At the time, I represented the late James S. Black, who soon thereafter passed away from cancer. Hence, the property was never developed and has been held in the family trust until recently. The current user would like to develop the property for an office and warehouse for his personal use. At issue is the question of whether the variance runs with the land or the land use? The planning staff rendered a decision that the variance ran with the use and therefor we would have to obtain another variance for this change of use, (see attached exhibits). After further review of the rezone Findings and your variance Findings, I disagree with that conclusion for the following reasons: 1) The rezone decision deferred the issue of setbacks to a subsequent variance decision of the Zoning Adjustor. In lieu of such variance approval, the site must otherwise meet zoning setbacks. 2) The variance was requested for a 20' setback from I-90 and 4th Avenue. The decision allows a setback of 25' from 4th Avenue and 20' setback from I-90. That decision was based on findings that: a) the site was irregular in shape; b) the usability of the site in recognition of required setbacks was minimal; c) the additional dedications along 4th Avenue further restricted the use; and d) other uses in the vicinity were located closer than the minimum setbacks, notwithstanding variance approvals. 3) The decision has nothing to do with land use type, but rather the natural hardshi I'. site. 1 l~ - 1 L t~~<=t. 4) To state that a uS=~ the land is to infer that the project generates the hardship. This would be a violation of sate law governin(~ of the variance. Based upon the above, 1 would request tllat you review 'ti1e attached and provide me with your written opinion on the same. Please note, the site is now further burdened with Dept. policy for "Future Set Aside" along 4th Avenue thus exacerbating the situation even more. In this regard, we intend to setback from the adjusted property line of the rezone decision and not further encumber the usability of the site. Again, your review and comment is greatly apprec ~lj i_ r~ac-i . Res cttully Submittea, ~ Dwigh~J. Hu ~ Land Use Pl nning Consultant CC: Bernardo Wills Architects Encl : Findings & Order 7 F' I , 6. A sight obscuring buffer would be required along the freeway, however, ' landscaping will suffice. 7. A five foot wide strip of Type III landscaping is required along the 4th Avenue road frontage. Please submit a landscaping plan for review and approv- al. 8. The applicant was informed that half of the landscaping may be located along _ the freeway right of way if permitted via agreement with the Department of ~ Transportation. The Planning Department will need to approve the landscape proposal. 9. The proposed must conform to the current setback requirements. The zoning code requues the proposed to have a 35 foot front yard setback and a 15 foot rear yard setback. However, because the rear yard abuts a freeway, the zoning code ,~,►t~ requires a 25 foot wide strip of Type II landscaping. Therefore, the rear yard ' setback must be a minimum of 25 feet. 10. In regard to a variance VE-2-84 granting relief to the required setbacks, it y,0- was determined by the Planning Department that the variance wa&_.f proposed mini-storaVe warehouse. Any other use would need to comply with the current setback requirements as specified. 11. It was noted that the Department of Transportation will be widening I-90, but it appears that this will be to the east of said property. The applicant confirmed that the proposed would not be affected by the I-90 project. 12. Since the property has limitations regarding it's size and shape, the applicant may want to apply for a change of conditions for the original zone change. The change of condidons could includes a variance for setback relief, access to 4th Avenue, fencing, and landscaping alternatives. Contact the Planning Department regarding a Application for Acceptance and Design Review meeting. 13. The applicant inquired about rezoning the property to I-2. Tom Veljic informed the applicant that the uses in the I-2 z,one would be very limited and advised the applicant that this may not be to his advantage in marketing the property. B. Permit Release Requirements 1. An estimate from a nursery including size, type, and quantity of landscaping along with a promissory letter from the owner stating the landscaping will be installed shall be submitted. 2. Please submit a revised site plan describing the use of the building and the square footage of use, landscaping, and setbacks for review and approval. II. Division of Engineering & Roads (456-3600) A. Discussion/Requirements 1. Comments were given to the applicant and the Division of Buildings by Bob Turner. -2- ZONE RECLASSIFICATION NO.: 'LE-116-83 VARIANCE NO.: VC- 2-84 C. FINDINGS OF FACT (continued) 7. That the applicant has demonstrated that conditions have substantially changed since the original zoning uf this area an._: accordingly, the proposed rezone is 8. That the proposed use is compatible wii11 t2histin8 u5U5 in ttic area. 9. That the owners of adjacent lands expressed disappruval of the propused use. 10, The Hearing Examiner Committee finds the proposed use to be in hannony with the general purpose and will not be otherwise detrimental to the public health, safety, and welfare. 11. The following are additional findings of fact considered by the Hearing Examiner Cotnmittee: a) That the Variance request is an issue to be decided by the Zoning Adjustor and nut the Zoning Hearing Examiner Committee. D. CONDITIONS OR CONTINGENCIES APPLIED TO THIS APPROVAL (All Conditions imposed by the Zoning Ilearing Examiner Committee stiall be binding on the "Applicant" whicli term shall include the owner or owners of the property, heirs, assigns, and successors.) a) COUNTY PLANNING DEPARTMENT 1. The Zoning Administrator shall appruve a specific exteriur lighting plan for the approved area prior to installation of such lighting. (Such plan shall confine illwnination to the area with full consideration to adjacent properties and Interstate 90.) 2. Approval by the Zoning Administrator uf a specific lighting and signing plan for the described property prior to the release of any building permits. 3. A specific landscape plan, planting schedule and provisions for maintenance acceptable to the Spokane County Zoning Administrator shall be submitted with a perforwance bond fur the project prior to release of building permits. Landscaping shall be installed and maintained such that sight distance at access points are not obscured or impaired. 2 11 U' u J VARIANCE NO.: VE- 2-$4 I a) COUNTY PLANNING DEPARTMENT (contiunued, 4. The applicant shall develop subject pruperty generally ii: accordance within the concept presented to the liearing Exawine r- Committee. Variations when approved by the Zoning Administrato~ will be permitted, including, but not limited to the folluw,f._ changes: Building location, landscape plans, and general allowable uses of the permitted zone. All variations mu:;-L conform to regulations set forth in the Spokane County Zoni i-i,, Ordinance. The original intent of the development plans shail be maintained. (It is noted that a site plan redesign will bt T,1eceSs~lr` tU 1-c:L~' TiJLt:(:i_i.i1i extend over the property boundar.,,. 6. The specific development plan will be submitted ror PlanninL Department review and approval prior to issuance of buildinb pernits. 7. All current standards of the Commercial Gone, as amencled, shall be complied with in the development of this site. 8. That the project is subject to Section 4.16A.050, the Aquifer Sensitive Area Overlay Zone of the Spokane County Zoning Ordinance, which sets forth various cneasures for Aquifer protection; specifically, measures dealinb witti wastewater disposal, spill protection measures, and storwwater runoff. 9. A 6-foot sight-obscuring cyclone fence shall be provided along the south property line of this proposal to provide a buffer for the existing residential use located immediately south of this eite. 10. Applicant shall comply with '208' recomnnendations concerning stormwater runoff and provide necessary landscaping for runoff. 11. Any division of land for the purpose of sale, lease or transfer, shall comply with RCW 58-17 and the Spokane County Platting Ordinances prior to issuance of building permits. 12. That the provisions of SEPA's NOTICE OF ACTION pursuant to Chapter 43.21C.080 RCW and the Board of Spokane County Commissioners Resolution #77-1392 be initiated by the project applicant within thirty (30) days of final disposition of this application, and prior to any on-site improvements, or file appropriate documents to the effect that the NOTICE OF ACTION is waived in accordance with Spokane County Commissioners' Resolution #82-0458 dated May 4, 1982. 3 . - ~ ` eZONING --ADJUSTOIr ~ SPOKANE COUNTY, WASHINCTON . IN THE MATTER OF RELAXATION OF SETBACK) REQUIREMENT TO THE NORTH AND SOUTH ) FINDINGS OF FACT, DECISION PROPERTY LINES; VARIANCE FILE VE-2-84 ) AND CONflITIONS JAMES S. BLACK AND COMPANY ) THIS MATTER, being the consideration by the 2oning Adjustor of Spokane County, in hearing the application VE-2-84, for the purpose of allowing a 25' setback to the south property line at 4t1i Avenue and a 15' setback to the north property line at I-90, whereas the Spokane County Zoning Ordinance (Section 4.10.080 (d)) requires a setback of 35' for each yard, and hereinaEter referred to as the "Proposal", and the Zoning Adjustor of Spokane Coun[y having held a public hearing on May 1, 1984 and having fully considered all testimony preseated thereat, and further having visited the site and vicinity in question, and having rendered a decision on the 17th day of May, 1984, APPROVING a madification of said proposal, does hereby make the fallowing: FINDINGS OF FACT 1, That [he proposal is generally located north of and adjacent co Fourth Avenue between Howe Road and Fancher Road in Section 23, Township 25N, Range 43 EWM (Assessors Parcel j#,23531-9106-); 2. That the proposal consists of a proposal to locate a mini-warehouse facility on approximately 0,88 acres of land and to seek a 15' setback of buildings at the north property line and a 25' setback at the south property line. 3. That the adopted Spokane County Future Land Use Plan indicates the Urban Cateogry for the area encompassed by the proposal. , 4. That the site is currently zoned Mul[iple Family Suburban, pending any appeal of a May 1, 1984 Zoning Hearing Examiner Committee's verbal decision to reclassify said land to the Commercial Zone (decision to be signed on 5/17/84), all overlaid by the Aquifer Sensitive Area Overlay Zone. 5. That the proper legal requirements for advertising of the hearing before the Zoning Adjustor of Spokane County have been met. 6. That the existing land uses in the area of proposal include the vacant site, I-90 and restricted industrial uses to the north, Bekins Moving and Storage warehouse and Trailer Inns RV Park to the east, single family dwellings (mostly manufactured homes) and Central Park Racquet Club to the south of 4th Avenue, and vacant land and I-90 to the west. 7. That the Zoning staff has establfshed the north property yard as 35'. 8, That the applicant has questioned and expressed displeasure that the parcel in question is interpreted as needing a 35' yard on the I-90 (north) side. 9. That the Zoning Adjustor announced at the beginnfng of the hearing that he was not to be bound by (a) previous verbal or written comments made by Mr. Adams or (b) comments writ[en in the staff analysis, dated May 1, 1984 for zone reclassification number ZE-116-83, wherein generally favorable comments appeared regarding the variance. 10. That the site is generally found to be disadvantaged due to the following special circumstances: (a) Size: (i) less than 0.9 acres. (ii) full setbacks as applied to lot reduce usable land to about 0.27 acres. i ~ • FINDINGS OF FACT, DECISION AND CONDITIONS VE-2-84 (b) Shape: (i) trapezoidal, 39' x 330' x 183' x 3601. ~ (ii) usable land is a triangle, about 252' x 102' x 231' (with setbacks). (c) Environmental: (i) traffic noise from I-90. (ii) traffic generated lights from I-90. (iii) risk of exposure to I-90 traffic accidents leaving I-90 right- of-way (errant vehicles). (d) Location and access from arterials of the ares is difficult and not obvious (Sprague Avenue, I-90 and 8th Avenue). ~ 11. That the Sprague Avenue off-ramp (east bound) is adjacent to the site and that frequent last-minute lane changes to the off-ramp at a location where 1-90 curves to the northeast creates occasionally unstable traffic flow, particularly during inclement weather, and is prone to higher accident Z poten[ial, in the opinion of the Zoning Adjustor. • 12, That vehicles leaving [he I-90 right-of-way under accident circumstances could have a tangential trajectory into improvements on the north side of the site. 13. That release of Critical Materials (Spokane County Zoning Ordinance; Section 4.16A.100) or explosion or fire resulting from impact by errant vehicles from I-90 could result due to such unauthorized materials being stored in a mini-warehouse facility, endangering life, propezty and the Aquifer (uncontained Critical Materials). 14. That other properties fronting on 4th Avenue in the vicinity of the project are: (a) Hearest manufactured home park (to south; zoned Rr4i) 20'6" setback. . (b) Central Park Racquet Club (to southeast; zoned Commercial) 40'0" setback. (c) Bekins Moving and Storage (immediately to the eas[; zoned Commercial) _ + 68' setback. (d) Trailer Inns RV Park (second property to the east; zoned Commercial) i + 200' setback. 15. That other properties wi[h frontage agains[ I-90 in the vicinity of • the project are: (a) Bekins Moving and Storage (zoned Commercial) - 1715" to 2210" • setback. (b) Trailer Inns RV Yark (zoned Commercial) = 5'6" setback. (c) Thermogard (zoned Manufacturing) - 20'0" setback. ~ (d) Pohl Springs (zoned Manufacturing) - 2013" setback. (e) Mayflower Moving and Storage (zoned Manufacturing) - 7'6" setback. (f) Grinnell Fire Protection Systems (zoned Manufacturing) = 31'4" setback. (g) Porsche/Audi/Ferrari (zoned Restricted Industrial) - 32'4" setback. Commercial Mean - 11,46' Commercial Median = 11.46' All Mean = 19.11' All Median = 18.9' Note: No variances appear to have been granted; but the building permit f or Bekins recognized a 15' rear yard setback and the corner closest to the subject property is 22'0" from I-90 fence. The RV Park building was not addresssed by a building permit except as a remodel of an existing structure. 16. That the structures as proposed do not exceed eleven (11) feet in height. 17. That the applicant proposed during the hearing the establishment of a 20' north setback and a 20' south setback; but the south setback can be no less than that advertised for public hearing, 25'. . ~ • FINDINGS OF FACT, DECISION AND CONDITIONS VE-2-84 ' 18. That application of a north side 20' setback to SCHEME O1 (VE-2-84), ' dated 1-19-84, would compromise portions of to four small units and one large unit. . 19. That the project is not a major action subject to the State Environmental Policy Act, pursuant to WAC 197-1-170 (10) (b). 20. That the north variance to 20' and the south varaince to 25' will not be unduly detrimental to adjacent properties nor be detrimental to the general health, safety and general welfare of the citizens of the county and Che surrounding area if conditioned as fallows hereinafter. 21. That mini-warehouse facilities have increasingly been reported to contain stored explosives and Critical Materials (reference Spokane County Ordinance, Section 4.16A.100). 22. That the granting of these variances is judged by the applicant to be critical [o realizing the proposed mini-warehouse use of the property and the Zoning Adjustor has therefore the responsibility to address the proposed use and its potential impac[ to the motoring public and to [he environment in general, and particularly the Aquifer, all within the purvi,ew of the general welfare and public interest; notably tha[ the applicant must design for storage, transport and handling of explosives and Critical Materials (pursuant to Section 4.16A.050) or prohibit storage, transport and handling of Critical Materials, particularly since portions of this site have been described as an errant vehicle recovery area by the Washington Department of Transportation. 23.. That the granting of the nor[h variance to a 20' setback is comparable to the mean and median setbacks for all properties in the area, but few or none were so established by a"grant" as consideted and exercised herein, and that the 20' setback is comparable within a matter of inches to the closest corner of the nearest adjacent Commercial zoned struccure (BEKINS), 24. That a mini-warehouse facility does not generate large volumes of traffic nor is it subject to high peak volumes of traffic. 25. That the relief given at the south property line to 25' is juscified because parcel size, shape, location and surroundings and the application of the "yard" setbacks combine to reduce the usable parcel by 69.3% (0.88 acres to 0.27 acres). . 26. That the mini-warehouse facility will be set farther from the 4th pvenue property line than the closest structure across 4th Avenue and will be buffered by an estimated 10'0" landscaped s[rip and sight-obscuring fence. - 27, That County Planning Department Condition 03 (landscaping)sh0uld be expanded to include rapid growing trees to be planted in the 4th Avenue •landscape striQ to "break-up" the top of the buildings being allowed closer to the street by the setback variance. 28. That opposition Was expressed zegarding both the north and south setback properties; the Washington State Department of TransporCation objecting to the north side setback variance and a property owner south of 4[h Avenue objec[ing to the south side setback variance. CONCLUSION Following review of the Planning Department file, consideration of the public testimony, and circumstances in the area of proposal, the Zoning Adjustor concludes that the proposal as redefined by the Zoning Adjustor is not detrimental and is compatible to the public health, safety and welfare, A?ECItST.ON+ From the foregoing Findings, a review of the Planning Department File No. VE-2-84, testimony at the public hearing, and a site visit, the Zoning Adjus[or infiA.EEBQVIN(Pthe redefined proposal hereby establishes the following conditioas: . ..•-~I,I~DAGS OF FACT, DECISION AND CONDITIONS VE-2-84 ~ ' A. CONDITIONS OF APPROVAL 9L3~~St~~h')'~ae tbacti listi:20.~.0~' , l~t~AvgnuB~(~.Q1~L~~a•-ft.e,~kBCjC:~ 1s 25 k0" . ~J~e~;WG~yGtsurea"b.g1ik,uQ4t=g*Sht'above -finished.grade. 4) The Zoning Administrator is authoriZed and appointed to verify the conditions of this order are interpreted prior to issuance of construction permit(s) and cerCificate of occupancy. ~ The 4th Avenue (south) planting strip to be approved by the Zoning Administrator shall include coniferous trees at least 4 to 5 feet in height as installed and shall be installed with irrigation. Bonding, as adminis[ered by the Zoning Administrator, shall assure the planting and survival for one year. • 6) The storage, use or transport of explosives and Critical Materials, (pursuant to Sec[ion 4.16A.100 of the Spokane County Zoning Ordinance) is prohibited on this parcel and a statement to this effect shall be recorded with records of the property in the office of the Spokane County Auditor and proof of filing shall be filed wi[h the Spokane County Planning Department, File #VE-2-84. This action is an assumption of liability by the applicant for damages resulting from the unauthorized and illegal sCOrage of explosives and Critical Ma[erials. Removal of reference to Critical Materials in this filing with the property records shall only be by a statement co-signed by the Birector of the Spokane County Planning Department and only upon written acknowledgement by the applicant that he/she is aware of [he provisions of the Aquifer Sensitive Area Overlay Zone as it impacts the parcel. Regarding Critical Materials, the applicant may alternatively meet the design performance standards of 4,16A.050 at construction time and delete reference to Critical Ma[erials in the filing with property records. 7) All conditions of approval shall be binding upon the "applicanc", which term shall include the owners of the property, heirs, assigns and successors. DATED THIS 25th pAY OF May, 1984, n ~ ~ - • THO"SAS G. M SHER, AtCP, ACTING ZONING ADJUSTOR, SPO COUNTY, WASHINGTON NOTE: ANY PERSON AGGRIEVED BY THIS DECISION MUST FILE AN APPEAL WITHIN TEN (10) DAYS OF THIS DATE. uc ~ _ - I Q • ~ ~:CJ.~J q 13 ' v n Av . 14 :cc 90 .4a ~ ~ . = AL~ ~ • : r'* ~ L~ - ► , . ~ . ~ ~ j ~ ~ J ~ . V EY ~v A~ ~ '%a e.~ I ~ul A ~ ~GAG.O~ M4 46WA~ 6e .sr. PAUL R1YE.RSIDE ~ - ~ 0 - p. L4! R b N. rV t R R1 c - _ ~ : • ~ ~ " 1 y is-r ~ ~ i ws T A" c Z , x 3 ~ a ~ O J U a D ' IrREG aY Z ~ 9 0 T N . ,..~Tt~. ~ ~ r`•~~ ~ o Q 6• H ~ m1 ~ 1 rK•~ A•. , j 7 TH • m , ' Z . p~ r Wo,odlaw ' . V ' , 2 3 _ . . L ~ 9 ~ . J .~t o ~ ~ r•+ - - W 10T N ' I T H z •;tv==W- `Z .TV ~ AvE t 2Y1-1 p , ~ !"T ~ ~ I 3 r1{ _ ~ . ~ y,~ 14 ? ~4 1v ~ r a T r. ~ ~ J - W± ~ ~ 1 N ..T~•-.:-~`~~:~ c• ,J '~c~ ~ ~0 j5 T M ~ ; ~ r-. b • ~.,.J , . -j ,0 t = T N A u=' L~ T ' ~ i (OT'" . . ~ . . . . . . ~ . ~ ~ ~ TU ~ . ,7r t:t. /7 I Release of Public Records SPOKANE COUNTY DIVISI(JN OF BUILDING & PLANNING, Request to inspect public records ~ Request for copies of public records Name of Requestor: l~ Title of Record: J~ O` T ~ No. of copies: ~ Total Fee: File provided by: File not available: Lost File Already checked out Other Reason: . Staff Signature: Date: ~ , ~ PLANNING DEPARTMENT BROAOWAY CENTRE BUILDING N 721 JEFFERSON STREET • ~ i'. ~ j.i6 -►'"'_"y~.,4,i. • - , w _ •..~r ] ~ • ~,y~~ ~ • FHONE 456-2205 r.~ SPOKANE VJASHINGTON 99260 SP0 M:A4E C:?U NTY C;.'RT riZ USE MEMORANDUM T0: All Parties Interested in VE-2-84 4:%Ak) FROM: Thomas G. Mosher, AICP, Acting Zoning Adjustor DATE: May 25, 1984 ~ SUBJ : May 17, 1984 Deci si on on Fi 1 e VE-2-84 ; J. S. B1 ack Since rendering the decision of 5/17/84, I have had occasion to verify the avai 1 abi 1 i ty and cost, hence the practi cal i ty, economi cs and reasonableness, of the additional "tree" landscaping requirements of Condition #5, page 4, of the decision. My previous source of informa- ti on regardi ng cost and practi cal avai 1 abi 1 i ty of twel ve (12) foot coni ferous trees proved to be i naccurate. A recent lengthy discussion with the owner/operator of FALCO Nursery on 5/23/84 establ ished the fol 1 owing regardi ng 12 foot coni ferous trees : (1) they are almost impossible to obtain due to the infrequent cal 1 fo r them; (2) they woul d most l i kely need to be extracted from the ground by special equipment and this process is complicated frequently by a tap root ; (3) the above factors contribute to an estimated cost per tree of $140 - $160; and (4) smaller such trees, white pine or similar, in the range of 4 to 5 feet in height, and capable of being easily planted are available at a cost of $20 to $40 per tree. Therefore, the attached decision for VE-2-84 reflects condition #5 as modi fi ed to tree 4 to 5 feet i n hei ght. Since this changes the original decision, I have modified the decision date to May 25, 1984, which extends the appeal date until 4:00 p.m. on J une 4, 1984. This memorandun~ with copies of the revised decision attached, are being sent to the applicant, objectors-of-record and appropriate Planning Department files. I apologize for any inconvenience this may have caused anyone, but I believe the same objectives are achieved and in a more practical and reasonable fashion. PM ^ I I S O U N -I, Y _ I'[.ANNING DEPAItTIv1ENT « WALLIS D. I IUBBARD, DIRECTC?' December 17, 1993 MI'. UW1g}1C Ht]I11e Land Use P1a11111ng COI1SUItallt 107 South Haward, Suite 400 Spokane, WA 99204 SUBJECT : Adnvnistrative Interpretation AIE-33-93 Conditions of approval: previous zone change ZE-116-83 and zoilinb setback variance VE-2-84 ISSUE : Tfie questions have been asked of the Planning Depau-tt11e11t: 1) whether a revised site plan to allow an office/warehouse with a height of : feet to be located immediately west of the existing Bekins Building is consistent with the intent of a past approval allowing several mini-warehouse structures with a height of 11 feet to be located on the same site; and 2) whether past setback variance approvals run with the land and can be utilized with the development of the planned office/warehouse facility. The site location is approximately East 5819 4th Avenue, between 4th Averlue and I-90. RESPONSE : Zone Change File No. ZE-116-83 allows variations, including but not limited to building location, landscape plans and general allowable uses of the permitted zone when approved by the Zoning Administrator. Additionally, with regard to the setback variances grailted the subject property, these do in fact nin with the land because of an inherent site limitation with respect to size, shape or topography. Lastly, with respect to the building height of 11 feet versus 24 feet as planned: the underlying zone provides for a 35-foot height limit and was only addressed within the findings of the variance approval because the applicant proposed 11-foot-tall mini-warehouse structures which, because of the number of buildings and their long, narrow appearance, could have been otherwise intimidaring on a small, narrow lot. ' SUMMARY : It is the purpose of this communication to clarify questions raised by Mr. Hume. Further, this interpretation does hereby allow an office/warehouse structure of approximately 24 feet in height, and the development of the site can utilize the previously approved setback variances from I-90 as well as from 4th Avenue. WEST 1026 BROADWAY AVENUE • SPOKANE, WASHINGTON 99260-0240 •(509) 456-2205 4 • ^ Mr. Dwight Hut1Ie ~I DeCeI11beI' 16. 1 Qn ~ i P~i~re Twf, lt iS M7tCLI thZtt thc (-1tU►Chcd Sitc; J)i~ul iiidi~:atcs Zi~l 4-il)j)1'i,xii111,1te 410►-i~)(A -Sttbo.--I 4th, nlil), 0-- , S'I' ~ VE P. Hi~/~/d~OR4BIOWSI~ i Current PlaI1111I1b AC~I111II1StI'~tl. c : ZE-116-83 VE-2-R4 Enr.losure (proposed site developnie.nt plan) APPEAL RIGHTS : This is an admiilistrative irlterpretation of the Zoning Code of Spokane County pursuant to Section 14.504.000, and is appealable under the provisions of Section 14.412.041. As stated therein, "Such request shall contain reference to the specific decision or interpretation contested and shall be delivered to the Hear-ing Body at the Planning Department office not later than twenty (20) calendar days from the date of the written decisian of the Department." The fee for such appeal is $200. FCU-AIE-33-93-12/17/93 _ .'~'sLlZ'., S P O K A N E ~•~~#1;-`,;'~'~. 11 ~ C O U N T Y I'LANNING DEPARTMENT WALLIS D. I iUB6ARD, DIRECTOR MEMORANDUM 'PO: STEVE HOROBIOWSKI Current Planning Administrator FRO • THOMAS G. MOSHER, AICP enior Planner DATE: 12a13/93 SUBJECT: Recommendation regarding 11/28 inquiry of Dwight J. Hume with respect to VE-2-84 Mr. Hume has asked the Planning Department to respond with a written inteipretation of a condition of approval of VE-2-84 and modification/review of a previously approved site plan (ZE- 116-83). As the planner who acted as Zoning Adjustor for VE-2-84, I will respond to the former in this report to you; but, will not respond to the latter. Condition of approval A.4) of VE-2-84 vested in the Current Planning Administrator (under our present office structure) the authority to verify that the conditions of VE-2-84 are correctly interpreted prior to the issuance of construction pemut(s) and certificate of occupancy. Hence, this memo is a recommendation to you in that regard. Mr. Hume asserts that the setback variances granted by VE-2-84, to 25 feet from the 4th Avenue property line and to 20 feet from the I-90 property line, run with the land. I concur and I recommend the same to you. The law with respect to granting variances is clear in this area. The site plan attached to his November 28, 19931etter utilizes a 20 foot setback from I-90 and indicate a 25 foot required setback from 4th Avenue. In actuality, the proposed office/warehouse is setback approximately 49 feet from the 4th Avenue property line; thus, far exceeding the minimum required setback of the zone, with or without the granted variance. Mr. Hume did not specif'ically raise in his November 28, 19931etter the issue of condition of approval A.3) of VE-2-84, wherein the proposed structures on this property site were limited to 11 feet in height above finished grade. A previously Planning Deparenent administrative decision ruled that the variance was granted exclusively for proposed 11 foot high mini-storage warehouse and that any other use would need to comply with the (then) cunent setback requirements as specified in the Zoning Code. (Pre-construction conference minutes; October, 1991; Spokane County Building Department). As stated above, the advertised issue before the Zoning Adjustor was with respect to the two front yard setbacks (from I-90 and 4th Avenue). Once granted, these run with the land and the use of the land is only governed by the underlying zone. WEST 1026 E3ROADWAY AVENUF. • SI'OKANE, WASf IINGTON 992Ci[1-0240 • (509) 45G-2205 fSTEVE HOROBIOWSKI December 13, 1993 Page Two The issue of the Zoning Adjustor decision (the 11 foot height limitation) remains and I respond as follows. The 11 foot height limitation was imposed because the applicant had proposed 11 foot tall structures and as Zoning Adjustor I recognized the extensive physical appearance of the long rows of storage structures as being imposing and intimidating to properties on the south side of 4th Avenue. I felt it appropriate to limit the height of buildings when such an extensive linear appearance was to be established on this fairly narrow, small and constrained lot. The present proposal does not have any such similar elongated structural appearance, as viewed from 4th Avenue (or from I-90, for that matter) and there is no need to establish a height limitation other than any height limitation of the zone in question. Therefore, it is my recommendation to you, that the 11 foot height limitation be administratively discarded in light of the revised site plan being proposed. In conclusion, it is my opinion, supported by general variance law, that the yard setbacks granted in the original decision of VE-2-84 run with the land and remain in effecL Secondly, I urge you to dispense with the 11 foot height limitation imposed by VE-2-84 and to cause notice of this to be given as an administrative interpretation of a condition of approval, along with any action you take to modify or review the previously approved site plan of ZE-116-83. The Zoning Code establishes a procedure whereby the Planning Department must give notice or cause notice to be given of these two decisions. c: ZE-116-83 VE-2-84 ~ 7.ONING ADJUSTOR SPOKANE COUNTY, WASHINGTON IN THE MATTER OF RELAXATION OF SETBACK) REQUIREMENT TO THE NORTH AND SOUTH ) FINDINGS OF FACT, DECISION PROPERTY LINES; VARIANCE FILE VE-2-84 ) AND CONDITIONS JAMES S. BLACK AND COMPANY ) THIS MATTER, being the consideration by the Zoning Adjustor of Spokane County, in hearing the application VE-2-84, f or the purpose of allowing a?5' setback to the south property line at 4th Avenue and a 15' setback to the north property line at I-90, whereas the Spokane County Zoning Ordinance (Section 4.10.080 (d)) requires a setback of 35' f or each yard, and hereinafter referred to as the "Proposal", and the Zoning Adjustor of Spokan, County having held a public hearing on May 1, 1984 and having fully consi-!i,r ~ all testimony presented thereat, and further having visited the site and vicinity in question, and having rendered a decision on the 17th day )F 1984, APPRnvTN(, -i mn-lif i rit? nn nf -,-ii d !)rc)}-)-,cq13 rio;-, 'neret-W a~~~1crt~_~ , FOl > i~lA~: i:li' ~IUo3L Ls c ilt']"a LL~' Ci IIUY:j=l1 tUi nCl ci i:iJa C1L t Fourth Avenue between Howe Road and Fancher Road in Section 23, Townshii; 71, 1 ~l(1'" ) 1 liciL LC1L i)riupli:idi 0 116 1JL5 UL <1 pLUpv5.i1. Lv I.UCciLC <i iillill-W<.li~ii(i'•i . facility on approximately 0.88 acres of land and to seek a 15' setback of buildings at the north property line and a 25' setback at the south properLy line. 3. That the adopted Spokane County Future Land Use Plan indicates the Urban Cateogry for the area encompassed by the proposal. 4. That the site is currently zoned Multiple Family Suburban, pending any appeal of a May 1, 1984 Zoning Hearing Examiner Committee's verbal I decision to reclassify said land to the Commercial Zone (decision to be signed on 5/17/84), all overlaid by the Aquifer Sensitive Area Overlay Zone. 5. That the proper legal requirements f or advertising of the hearing ~ before the Zoning Adjustor of Spokane County have been met. 6. That the existing land uses in the area of proposal include the vacant site, I-90 and restricted industrial uses to the north, Bekins Mov` and Storage warehouse and Trailer Inns RV Park to the east, single family dwellings (mostly manufactured homes) and Central Park Racquet Club to th, . _ . , . _ _ i ~...~t' , . .illC.l.= t?i0 iiC:i 8. That the applicant has questioned and expressed displeasu~,.~ LiiaL parcel in question is interpreted as needing a 35' yard on the I-90 (north) '1iia~ tiie ; ~iZing AdjusLur aililuuiice-d at t11u bt:glllillilg or tiie tlf'_cirlllg that he was not to be bound by (a) previous verbal or written comments made b-- Mr. Adams or (b) comments written in the staff analysis, dated May 1, 1984 fo- zone reclassif ication number ZE-116-83, wherein generally favorahle comment,~ appeared regarding the variance. 10. That the site is generally found to be disadvantage-d due to tlze following special circumstances: (a) Size: (i) less than 0.9 acres. (ii) full setbacks as applied to lot reduce usable land to about 0.27 acres. AA A FINDINGS OF FACT, DECISION AND CONDITIONS VE-2-84 (b) Shape: (i) trapezoidal, 39' x 330' x 183' x 360'. (ii) usable land is a triangle, about 252' x 102' x 231' (with setbacks). (c) Environmental: (i) traffic noise from I-90. (ii) traff ic generated lights from I-90. (iii) risk of exposure to I-90 traffic accidents leaving I-90 right- of-way (errant vehicles). (d) Location and access f rom arterials of the area is difficult and not obvious (Sprague Avenue, I-90 and 8th Avenue). 11. That the Sprague Avenue off-ramp (east bound) is adjacent to the site and that f requent last-minute lane changes to the off-ramp at a location where I-90 curves to the northeast creates occasionally unstable traffic flow, particularly during inclement weather, and is prone to higher accident potential, in the opinion of the Zoning Adjustor. 12. That vehicles leaving the I-90 right-of-way under accideat circumstances could have a tangential trajectory into improvements on the north side of the site. 13. That release of Critical Materials (Spokane County Zoning Ordinance; Section 4.16A.100) or explosion or fire resulting from impact by errant vehicles f rom I-90 could result due to such unauthorized materials being stored in a mini-warehouse facility, endangering life, property and the Aquifer (uncontained Critical Materials). 14. That other properties f ronting on 4th Avenue in the vicinity of the project are: (a) Nearest manufactured home park (to south; zoned RMH) 20'6" setback. (b) Central Park Racquet Club (to southeast; zoned Commercial) 4010" setback. (c) Bekins Moving and Storage (immediately to the east; zoned Commercial) _ + 68' setback. (d) Trailer Inns RV Park (second property to the east; zoned Commercial) _ + 200' setback. 15. That other properties with f rontage against I-90 in the vicinity of the project are: (a) Bekins Moving and Storage (zoned Commercial) = 1715" to 2210" setback. (b) Trailer Inns RV Park (zoned Commercial) = 5'6" setback. (c) Thermogard (zoned Manufacturing) = 20'0" setback. (d) Pohl Springs (zoned Manufacturing) = 20'3" setback. (e) Mayflower Moving and Storage (zoned Manufacturing) = 7'6" setback. (f) Grinnell Fire Protection Systems (zoned Manufacturing) = 3114" setback. (g) Porsche/Audi/Ferrari (zoned Restricted Industrial) = 32'4" setback. Coinmercial Mean = 11.46' Commercial Median = 11.46' All Mean = 19.11' All Median = 18.9' Note: No variances appear to have been granted; but the building permit for Bekins recognized a 15' rear yard setback and the corner closest to the subject property is 2210" f rom I-90 fence. The RV Park building was not addresssed by a building permit except as a remodel of an existing structure. 16. That the structures as proposed do not exceed eleven (11) feet in height. 17. That the applicant proposed during the hearing the establishmeat of a 20' north setback and a 20' south setback; but the south setback can be no less than that advertised for public hearing, 25'. J FINDINGS OF FACT, DECISION AND CONDITIONS VE-2-84 18. That application of a north side 20' setback to SCHEME #1 (VE-2-84), dated 1-19-84, would compromise portions of to four small units and one large unit. 19. That the project is not a major action subject to the State Environmental Policy Act, pursuant to WAC 197-1-170 (10) (b). 20. That the north variance to 20' and the south varaince to 25' will not be unduly detrimental to adjacent properties nor be detrimental to the general health, safety and general welfare of the citizens of the county and the surrounding area if conditioned as follows hereinafter. 21. That mini-warehouse facilities have increasingly been reported to contain stored explosives and Critical Materials (reference Spokane County Ordinance, Section 4.16A.100). 22. That the granting of these variances is judged by the applicant to be critical to realizing the proposed mini-warehouse use of the property and the Zoning Adjustor has theref ore the responsibility to address the proposed use and its potential impact to the motoring public and to the environment in general, and particularly the Aquifer, all within the purview of the general welfare and public interest; notably that the applicant must design for storage, transport and handling of explosives and Critical Materials (pursuant to Section 4.16A.050) or prohibit storage, transport and handling of Critical Materials, particularly since portions of this site have been described as an errant vehicle recovery area by the Washington Department of Transportation. 23. That the granting of the north variance to a 20' setback is comparable to the mean and median setbacks for all properties in the area, but few or none were so established by a"grant" as considered and exercised herein, and that the 20' setback is comparable within a matter of inches to the closest corner of the nearest adjacent Commercial zoned structure (BEKINS). 24. That a mini-warehouse facility does not generate large volumes of traffic nor is it subject to high peak volumes of traffic. 25. That the relief given at the south property line to 25' is justif ied because parcel size, shape, location and surroundings and the application of the "yard" setbacks combine to reduce the usable parcel by 69.3% (0.88 acres to 0.27 acres). 26. That the mini-warehouse facility will be set farther f rom the 4th Avenue property line than the closest structure across 4th Avenue and will be buffered by an estimated 1010" landscaped strip and sight-obscuring fence. 27. That County Planning Department Condition #3 (landscaping)Should be expanded to include rapid growing trees to be planted in the 4th Avenue landscape strip to "break-up" the top of the buildings being allowed closer to the street by the setback variance. 28. That opposition was expressed regarding both the north and south setback properties; the Washington State Department of Transportation objecting to the north side setback variance and a property owner south of 4th Avenue objecting to the south side setback variance. CONCLUSION Following review of the Planning Department file, consideration of the public testimony, and circumstances in the area of proposal, the Zoning Adjustor concludes that the proposal as redefined by the Zoning Adjustor is not detrimental and is compatible to the public health, safety and welfare. DECISION From the foregoing Findings, a review of the Planning Department File No. VE-2-84, testimony at the public hearing, and a site visit, the Zoning Adjustor in A.PPROVING the redefined proposal hereby establishes the following conditions: ~ - - ' - - ' ) - . . . _ . . . . . . . .'1 . . . . . , . 1) The I-90 (nurtii) seLback, is 20'0", 2) The 4tn Avt,nue (5outh) 5etback is 25 'U,,. 3) Trie structures shall iZOt exceed 11'0" in lie-iglit above- finistied grade. 4) The Zoning Administrator is authorized and appointed to verify the conditions of this order are interpreted prior to issuance of construction permi t( s) and cert if icate of occupancy. 5) The 4th Avenue (south) planting strip to be approved by the Zoning Administrator shall include coniferous trees at least 4 to 5 feet in height as installed and shall be installed with irrigation. Bonding, as administered by the ZoninF~ .Ad-ni.ni strator, shal lnsqure rhe n? ~nti n~ 'qn~ survival for one year. 6) The storage, use or traasport of explosives and Critical Materia=l,, (pursuant to Section 4.16A.100 of the Spokane County Zoning Ordinanr.u) is prohibited on this parcel and a statement to this effect shall be recorded with records of the property in the off ice of the Spokane County Auditor and proof of filing shall be filed with the Spokane County Planning Department, File #VE-2-84. This action is an assumption of liability b," the applicant for damages resulting f rom the unauthorized and illegal storage of explosives and Critical Materials. Removal of reference to Critical Materials in this filing with the property records shall only be by a statement co-signed by the Director of the Spokane County Plannin~ Department and only upon written acknowledgement by the applicant that he/she is aware of the provisions of the Aquifer Sensitive Area Overlay Zone as it impacts the parcel. Regarding Critical Materials, the applicant may alternatively meet the design performance standards o 4.16A.050 at construction time and delete reference to Critical Mar in the filing with property records. 7) All conditions of approval shall be b111d1I1g upun the "applicanL", whicil term shall include the owners of the property, heirs, assigns and successors. DATED THIS 25th DAY OF May, 1984. ~ , THOMAS G. M SHER,, AICP, ACTIN;- ADJUSTOR, SPOKANE (10) DAYS OF THIS DATE. A ZONING ADJUSTOP. SPOKANE COUNTS' L. ii1L _'1-11 ! L_l J!: J:, REQUIREMENT TO THE NORTH AND SOUTH ) L. i.v i) i:N V'S U t PROPERTY LINES; VARIANCE FILE VE-2-84 ) AND CONDITIONS JAMES S. RL:ACK AND COMPANY ) 1iiiS CIA T1LK, being tiie consideration by tne Zoning Ad justor of Spokane County, in hearing the application VE-2-84, for the purpose of allowing a 25' setback to the south property line at 4th Avenue and a 15' setback to the north property line at I-90, whereas the Spokane County Zoning Ordinance (Section 4.10.080 (d)) requires a setback of 35' for each yard, and hereinafter referred to as the "Proposal", and the 7.oning Adjustor of Spokane County having held a public hearing on May 1, 1984 and having fully considered all testimony presented thereat, and f urther having visited the site and vicinity in question, and having rendered a decision on the 17th day of May, 1984, APPROVING a modification of said proposal, does hereby make the ~ „ . ~ . v i. . _J _ . . . . . 1. That the proposal is generally located north of and adjacent t) Fourth Avenue between Howe Road and Fancher Road in Section 23, Township Range 43 EWM (Assessors Parcel #23531-9106), 2. That the proposal consists of a proposal to locate a mini-warehouse facility on approximately 0.88 acres of land and to seek a 15' setback of buildings at the north property line and a 25' setback at the south property line. 3. That the adopted Spokane County Future Land Use Plan indicates the Urban Cateogry for the area encompassed by the proposal. 4. That the site is currently zoned Multiple Family Suburban, pending any appeal of a May l, 1984 Zoning Hearing Examiner Committee's verbal decision to reclassify said land to the Commercial Zone (decision to be signed on 5/17/84), all overlaid by the Aquifer Sensitive Area Overlay Zone. 5. That the proper legal requirements for advertising of the hearing before the Zoning Adjustor of Spokane County have been met. 6. That the existing land uses in the area of proposal include the vacant site, I-90 and restricted industrial uses to the north, Bekins Moving and Storage warehouse and Trailer Inns RV Park to the east, single family dwellings (mostly manufactured homes) and Central Park Racquet Club to the south of 4th Avenue, and vacant land and I-90 to the west. 7. That the Zoning staff has established the north property yard as 351. 8. That the applicant has questioned and expressed displeasure that the parcel in question is interpreted as needing a 35' yard on the I-90 (north) side. 9. That the Zoning Adjustor announced at the beginning of the hearii-< that he was not to be bound by (a) previous verbal or written comments made Mr. Adams or (b) comments written in the staff analysis, dated May 1, 1984 . zone reclassification number ZE-17 ti-RI, ?ah,r.,; n n- r.,1 iv 47 n r:i h1--,,;,-,~-,;,,~ appeared regarding the variance. 10. That the site is generally found to be disadvantaged due to the following special circumstances: (a) Size: (i) less than 0,9 acres. (ii) full setbacks as applied to lot reduce usable land to about 0.27 , ~ ~acres. _ r. FINDINGS OF FACT, DECISION AND CONDITIONS VE-2-84 (b) Shape : (i) trapezoidal, 39' x 330' x 183' x 3601. (ii) usable land is a triangle, about 252' x 102' x 231' (with setbacks). (c) Envirornnental: ( i) traf f ic noise f rom I-90. (ii) traffic generated lights from I-90. (iii) risk of exposure to I-90 traffic accidents leaving I-90 right- of-way (errant vehicles). (d) Location and access from arterials of the area is difficult and not obvious (Sprague Avenue, I-90 and 8th Avenue). 11. That the Sprague Avenue off-ramp (east bound) is adjacent to the site and that f requent last-minute lane changes to the off-ramp at a location where I-90 curves to the northeast creates occasionally unstable traffic flow, particularly during inclement weather, and is prone to higher accident potential, in the opinion of the Zoning Adjustor. 12. That vehicles leaving the I-90 right-of-way under accident circumstances could have a tangential trajectory into improvements on the north side oF the site. 13. That release of Critical Materials (Spokane County Zoning Ordinance; Section 4.16A.100) or explosion or fire resulting from impact by errant vehicles f rom I-90 could result due to such unauthorized materials being stored in a mini-warehouse facility, endangering life, property and the Aquifer (uncontained Critical Materials). 14. That other properties f ronting on 4th Avenue in the vicinity of the project are: (a) Nearest manufactured home park (to south; zoned RMH) 20'6" setback. - (b) Central Park Racquet C1ub (to southeast; zoned Commercial) 40'0" setback. - (c) Bekins Moving and Storage (immediately to the east; zoned Commercial) _ + 68' setback. (d) Trailer Inns RV Park (second property to the east; zoned Commercial) _ + 200' setback. 15. That other properties with frontage against I-90 in the vicinity of the project are: (a) Bekins Moving and Storage (zoned Commercial) = 1715" to 2210" setback. (b) Trailer Inns RV Park (zoned Commercial) = 516" setback. (c) Thermogard (zoned Manufacturfng) = 20'0" setback. (d) Pohl Springs (zoned Manufacturing) = 2013" setback. (e) Mayflower Moving and Storage (zoned Manufacturing) = 716" setback. (f) Grinnell Fire Protection Systems (zoned Manufacturing) = 31'4" setback. (g) Porsche/Audi/Ferrari (zoned Restricted Industrial) = 32'4" setback. Commercial Mean = 11.46' Commercial Median = 11.46' All Mean = 19.11' All Median = 18.9' Note: No variances appear to have been granted; but the building permit for Bekins recognized a 15' rear yard setback and the corner closest to the subject property is 2210" f rom I-90 fence. The RV Park building was not addresssed by a building permit except as a remodel of an existing structure. 16. That the structures as proposed do not exceed eleven (11) feet in height. 17. That the applicant proposed during the hearing the establishment of a ~ 20' north setback and a 20' south setback; but the south setback can be no r~ less than that advertised for public hearing, 25', ~ -2- f- -I ~1DINGS ~~l' F~~,C'f', Di=CIS 1- 0'~r .~~ill C;%1?VI)ITI(")~IS ls. TliaL' app-Liczitiun oL' a i-iortti sid,3 20" setbacic to SCifEMI? ;%7I~-2-84 ) ~ dated 1-19-84, would compromise portions of four small units and one large uni L. 19. Tliat tlic proje-ct is not a ma jor ac tion sub ject to tl-ie rc- Envirormental Policy Act, pursuant to WAC 197-1-170 (10) (b). 20. That the north variance to 20' and the south varaince to 25' wii:i nn, be unduly detrimental to adjacent properties nor be detrimental to the generz health, safety and general welfare of the citizens of the county and the surrounding area if conditioned as follows hereinafter. 21. That mini-warehouse f acilities have increasingly been reported to contain stored explosives and Critical Materials (reference Spokane County Ordinance, Section 4.16A.100). 22. That the granting of these variances is judged by the applicant to critical to realizing the proposed mini-warehouse use of the property and t',e Zoning Adjustor has therefore the responsibility to address the proposed and its potential impact to the motoring public and to the environment in general, and particularly the Aquifer, all within the purview of the general welfare and public interest; notably that the applicant must design for storage, transport and handling of explosives and Critical Materials (pursuant to Section 4.16A.050) or prohibit storage, transport and handling of Critical Materials, particularly since portions of this site have been described as an errant vehicle recovery area by the Washington Department of Transportation. 23. That the granting of the north variance to a 20' setback ic; comparable to the mean and median setbacks for a11 properties in the area, btz' few or none were so established by a"grant" as considered and exercised herein, and that the 20' setback is comparable within a matter of inches to the closest corner of the nearest adjacent Commercial zoned structure (BEKITIS), 24. That a mini-warehouse facility does not generate lar~e volumes Ottraff ic nor is it subject to high peak volumes of traffic. 25. That the relief given at the south property line to 25 'is ;t~st-if~e~1 because parcel size, shape, location and surroundings and the appltcation ot- ,1 the "yard" setb-~--1-~, r r n to ~.2 7 a c, res~. C_', iUlls1a1Lj' ~vll-1 Lc SLL iiL'!1(:_'I f L'C)iil tll,C 'i r}, Avenue property line than the closest structure across 4th Avenue and wil buffered by an estimated 1010" landscaped strip and sight-obscuring fence, 27. That County Planning Department Condition #3 (landscaping)5houW be expanded to include rapid growing trees to be planted in the 4th Avenue landscape strip to "break-up" the top of the buil_dings being allowed closer r,, the street by the setback variance. 28. That opposition was expressed regarding both the north and south setback properties; the Washington State Department of Transportation objecting to the north side setback variance and a pronerty owner sour_h of 4r!!: Avenue objecting to the south side setback variance. CONCLU SIO~; Following review of the Planning Department file, consideration of the public testimony, and circumstances in the area of proposal, the Zoning Adjustor concludes that the proposal as redefined by the Zoning Adjustor is not detrimental and is compatible to the public health, safety and welfare. DECISION \ From the f oregoing Findings, a review of the Planning Department File No. VE-2-84, testimony at the public hearing, and a site visit, the Zoning Adjustor in APPROVING the redefined proposal hereby establishes the following conditions: ~ _3_ ~ J 1 FINDINGS OF FACT, DECISION AND CONDITIONS VE-2-84 A. CONDITIONS OF AI'PRUVAL 1) The I-90 (north) setback is 20'0", 2) The 4th Avenue (south) setback is 25'0". 3) The structures shall not exceed 11'0" in height above finished grade. 4) The Zoning Administrator is authorized and appointed to verif y the conditions of this order are interpreted prior to issuance of construction . permit(s) and certificate of occupancy. ~ ~ . S) The 4th Avenue (south) planting strip to be approved by he Zoning Administrator shall include coniferous trees' l l~eet in height as installed and shall be installed with irrigation. Bonding, as administered by the Zoning Administrator, shall assure the planting and survival for one year. 6) The storage, use or transport of explosives and Critical Tlaterials, (pursuant to Section 4.16A.100 of the Spokane County Zoaing Ordinance) is prohibited on this parcel and a statement to this effect shall be recorded with records of the property in the office of the Spokane County Auditor and proof of filing shall be filed with the Spokane County Planning Department, File fiVE-2-84. This action is an assumption of liability bY the applicant f or damages resulting f rom the unauthorized and illegal storage of explosives and Critical Materials. Removal of reference to Critical Materials in this filing with the property records shall only ue by a statement co-signed by the Director of the Spokane County Planning Department and only upon written acknowledgement by the applicant thaL he/she is aware of the provisions of the Aquif er Sensitive Area Ove r 1_:I.. Zone as it impacts the parcel. Regarding Critical Materials, the applicant may alternatively meet the design perf ormance standards o? 4.16A.050 at eonstruetion time and delete referencc to Critical ^1aterials lil tl1e ill_1i~~ wi tI 1 p rope T't j' ic'COiu' s, term shall include the owners of the property, heirs, assigns and successors. DATED THIS,1-7'th DAY OF May, 1984, s makeoo'*OMAS G. MOSHER, A P. ACTING ZONING ADJUSTOR, SPOKANE C NTY, WASHINGTOL" NOTE: ANY PERSON AGGRIEVED BY THIS DECISION MUST FILE AN APPEAL WITHIN (10) DAYS OF THIS DATE. ~ ~ •IL; V) ~ , ~ . . . ~ 7''Y~- 1 ` - ~ _ ~ G Ar . , ~ _ f , ~ I ~ L4 r... • ~ r ;,%(~'ii L: J I~j"[~,; (i= Ct L-(.' `,..'`i' (.il/ , C) nc ~ j Y ~ ~ /1 " / • r ~ ~ . J( ~v ' ~ V J - ' ~ //I V ~ • ~ . ~ ; f . - 1 J / ~ 7 . ~F?1'" V ~ " ~ ~J / / l,~ • / . ~ •~v y' i r 1 , . , - , L, ~ 51 = L / r ~ I ~ Planning Enabling Act 36.70.820 portion of a zoning map may be adopted thereunder un- event that new territory for which no zoning may have til there has been compliance with the provisions of been adopted as set forth in RCW 36.70.800 may be RCW 36.70.720. [1963 c 4§ 36.70.730. Prior: 1959 c annexed to a county, the board, in order to protect the 201 § 73.] public safety, health and general welfare may, after re- port from the commission, adopt as an emergency mea- 36.70.740 Zoning map Progressive adoption. Be- sure a temporary interim zoning map the purpose of cause of practical considerations, the total area of a which shall be to so classify or regulate uses and related county to be brought under the control of zoning may be matters as constitute the emergency. [1963 c 4§ 36.70- divided into areas possessing geographical, topographiea) .790. Prior: 1959 c 201 § 79.1 - or urban identity and such divisions may be progres- sively and separately officially mapped. (1963 c 4§ 36- 36.70.800 Procedural amendmentc Zoning ordi- .70 740. Prior: 1959 c 201 § 74.1 nance. An amendment to the text of a zoning ordinance 6.70.750 Zoning Types of regulations. Any which does not impose, remove or modify any regulation ~ d, by ordinance, may establish classifications, within theretofore existing and affecting ihe zoning status of ,:.ach of which, specific controls are identified, and which land shall be processed in the same manner prescribed by this chapter for the adoption of an official control ~ 1) Regulate the use of buildings, structures, and land cxcept that no public hearing shall be required either by as between agriculture, industry, business, residence, and the eommission or the board. [1963 c 4§ 36.70.800. other purposes; Prior: 1959 c 201 § 80.] (2) regulate location, height, bulk, number of stories and size of buildings and structures; the size of yards, 36.70.810 Board of adjustment Authority. The courts, and other open spaces; the density of population; board of adjustment, subject to appropriate conditions the percentage of a 1ot which may be occupied by build- and safeguards as provided by the zoning ordinance or ings and structures; and the area required to provide the ordinance establishing the board of adjustment, if off-street facilities for the parking of motor vehicles. there be such, shall hear and decide: (1963 c 4§ 36.70.750. Prior: 1959 c 201 § 75.1 (i) Applications for conditional uses or other permits when the zoning ordinance sets forth the specific uses tu 36.70.760 Establishing zones. Far the purpvse set be made subject to conditional use permits and estab- furth in RCW 36.70.750 the county may divide a lishes criteria for determining the conditions to be county, or portions thereof, into zones which, by num- imposed; ber, shape, area and classification are deemed to be best (2) Application for. variances from the terms of the suited to carry out the purposes of this chapter. [1963 c zoning ordinance: _Provideci, That any variancejranted 4§ 36.70.760. Prior: 1959 c 201 § 76.] shall be subject to such conditions as will assure that the , adjustment thereby authorized shall not constitute a 36.70.770 All regulations shaU be uniform in each grant ot special privilege inconsisient with the limita- zone. All regulations shall be uniform in each zone, but tions upon oiher„ properties in the vicipity and zone in the regulations in one zone may differ from those in which subject property is situated, and"that the following other zones. [1963 c 4§ 36.70.770. Prior: 1959 c 201 § circumstances are found to apply; 77.1 (a) because of special circumsta=s applicable to 36.70.780 Classifying unmapped areas. After the subject Qroperty, including_size, sha~e, topographv, lo- adoption of the first map provided for in RCW 36.70- cation or surroundings, the strict application of the zon- .740, and pending the time that all property within a n ordinance is foun8 to deprive subject property of ri ts and priviieges enjoyed by other properties in the eounty ean be precisely zoned through the medium of a v~ty and under identical zone classi~cation; zoning map, all properties not so precisely zoned by map (b) that the Qranting of the v~r.~.nce wi11 not be ma- shall be given a classification affording said properties terially detrimcniaL_taihe_.public welfare or inaurious to such broad protective controls as may be deemed appro- the property or improvements in the ~~icinitv and zone in priate and necessary to serve public and private interests. Which subjeet property is situated. Such controls shail be clearty set forth in the zoning or- ~3) Appeals, where it is alleged by the applicant that dinance in the form of a zone classification, and such thereis error in any order, requirement, permii, decisian, c[assification shall apply to such areas until they shall or determination made by an administrative official in have been included in the detailed zoning map in the the administration or enforcement of this chapter or any manner provided for the adoption of a zoning map. ordinance adopted purst~ant to it. [ 1963 c-~ § 3f,.70.K 10. [ 1963 c 4§ 36.70.780. Prior: 19S9 c 201 § 78.J prior: 1959 c 8 I.] 36.70.790 Interim zoning. If the planning agency in goud faith, is conducting or intends to conduct studies 36.70.820 l3oard uf adjustment Quasi judicial within a reasonable time for the purpose of, or is holding powers. The board of adjustment may also exercise such a hearing for the purpose of, or has held a hearing and other quasi judicial powers as may be granted by count` has recommended to the board the adoption of any zan- ordinance. [1963 c 4§ 36.70.820. Prior: 1959 c 201 ing map or amendment or addition thereto, or in the 82.1 (1983 Ed.) (TiNe 36 RCW-p lasJ f 36.70.830 Title 36 RCW: Counties 36.70.830 Board of adjustment Appeals 36.70.880 Zoning adjustor Action ftnal ualess Time limit. Appeals may be taken to the board of ad- appealed. The action by the zoning adjustor on all mat- justment by any person aggrieved, or by any officer, de- ters coming before him shall be final and conclusive un- partment, board or bureau of the county affected by any less within ten days after the zoning adjustor has made decision of an administrative official. Such appeals shall his order, requirement, decision or determination, an ap- be filed in writing in duplicate with the board of adjust- Peal in writing is filed with the board of adjustment. ment within twenty days of the date of the action being Such an appeal may be taken by the original applicant, '7, . t appealed. [1963 c 4§ 36.70.830. Prior: 1959 c 201 § or by opponents of record in the case. [ 1963 c 4§ 36- 83,] .70.880. Prior: 1959 c 201 § 88.] ? 36.70.890 Board of adjustment Action finat 36.70.840 Board of adjustment Notice of time Writs. The action by the board of adjustment on an ap- ~ A' and place of hearing on conditional permit. Upon the fil- plication for a conditional use permit or a variance, or ~ ing of an application for a conditional use permit or a on an appeal from the decision of the zoning adjustor or variance as set forth in RCW 36.70.810, the board of an administrative officer shall be final and conclusive adjustment shall set the time and place for a public unless within ten days from the date of said action the hearing on such matter, and written notice thereof shall original applicant or an adverse party makes application , be addressed through the United States mail to all to a court of competent jurisdiction for a writ of certia property owners of record within a radius of three hun- rari, a writ of prohibition or a writ of mandamus. [1963 ~ dred feet of the exterior boundaries of subject property. c 4§ 36.70.890. Prior: 1959 c 201 § 89.1 The written notice shall be mailed not less than twelve - days prior to the hearing. [1963 c 4§ 36.70.840. Prior: ~ 36.70.900 Inclusion of findings of fact. Both the 1959 c 201 § 84.] board of adjustment and the zoning adjustor shall, in a; making an order, requirement, decision or determina- ''1", tion, include in a written record of the case the findings . 36.70.850 Board of adjustment Appeat No- tice of time and lace. U the filinof an aeal from j of fact upon which the action is based. [1963 c 4§ 36- p Pon g pP 70.900. Prior: 1959 c 201 § 90.] an administrative determination, or from the action of ~ fr the zoning adjustor, the board of adjustment shall set 36.70.910 Short title. This chapter shall be known as the time and place at which the matter will be consid- the "Planning Enabling Act of the State of ered. At least a ten day notice of such time and place Washington". [ 1963 c 4§ 36.70.910. Prior: 1959 c 201 together with one copy of the written appeal, shall be 91.] given to the official whose decision is being appealed. At least ten days notice of the time and place shall also be 36.70.920 Duties and responsibilities imposed by given to thc adverse parties of record in the case. The other acts. Any duties and responsibilities which by officer from whom the appeal is being taken shall forth- other acts are imPosed uPon a plannin8 commission , with transmit to the board of adjustment all of the re- shall, after June 10, 1959, be performed by a planning cords pertaining to the decision being appealed from, agency however constituted. [1963 c 4§ 36.70.920. together with such additional written report as he deems Prior: 1959 c 201 § 92.1 pertinent. [1963 c 4§ 36.70.850. Prior: 1959 c 201 § 8S ~ 36.70.930 Chapter alternative met6od. This chapter . shall not repeal, amend, or modify any other law provid- i ing for planning methods but shall be deemed an alter- 36.70.860 Board of adjustment Scope of author- native method providing for such purpose. [1963 c 4§ ity on appeal. In exercising the powers granted by RCW 36.70.930. Prior: 1959 c 201 § 93.1 ~ 36.70.810 and 36.70.820, the board of adjustment may, X in conformity with this chapter, reverse or affirm, wholly 36.70.940 Elective adoption. Any county or counties or in part, or may modify the order, requirement, deci- presently operating under the provisions of chapter 35.63 sion or determination appealed from, and may make RCW may elect to operate henceforth under the provi- such order, requirement, decision or determination as sions of this chapter. Such election shall be effected by should be made and, to that end, shall have all the pow- the adoption of an ordinance under the procedure pre- ers of the officer from whom the appeal is taken, insofar scribed by RCW 36.32.120(7), and by compliance with as the decision on the particular issue is concerned. the provisions of this chapter. [1963 c 4 § 36.70.940, - [1963 c 4§ 36.70.860. Prior. 1959 c 201 § 86.] Prior: 1959 c 201 § 94.] 36.70.970 Hearing examiner system Adoption 36.70.870 Zoning adjustor Powers and duties. If authorized Alternative Functions Procedures. the office of zonin adustor is established as rovided in ` B J P As an alternative to those provisions of this chapter re- ' this chapter, all of the provisions of this chapter defining lating to powers or duties of the planning commission to the powers, duties, and procedures of the board of ad- hear and issue recommendations on applications for plat ; justment shall also apply to the zoning adjustor. [ 1963 c approval and applications for amendments to the zoning 4§ 36.70.870. Prior: 1959 c 201 § 87.] ordinance, the county legislative authority may adopt a \~'fitle 36 RCW-p 146] (1983 Ed.) ~ / 35~1 . r , ~ . _ _ ~ ~ ~ ~ ~ ~ ~ ~ / ~ ~ ~ ~ _i~ ~4-~ J - - / L~rJ - ~ ; ; ~ . ~ , ) ~ „ , i v ~,~v ; 4, . . ,.rl f f 1 f . - . ~ ~ ~ ~ ~ - G~~;r,.~ ~ ~ ;y . - ~y_- l ~ • ~ I ~ ! ~ - - - - - _ ~ ' ~ r.a 5 .L. GS o ~ n~ ~ ~ - - ----i ; - 1 . _ ~ - . - - - - - - - ~ - _ I ~ - . - - - _ _ _ - - - - ; ~ _ - ~ `~~~f 1`v ~~~ro ► ~4~, ~ ! S ' io _ . ~ - ~ - _ , ~ _ ~ - ~ _ _ _ _ . ~ . ~ _ _ - - - _ . _ - - ~ - - ~ - - - - - - - _ _ - _ _ _ _ - _ - _ _ ~ ~ ` '57 ~ { ~1 _ ~ ~ ~ , ~ - _ _ , n1;7 ~ - - ~ - - . . ` - - - ~ . . . _ _ - - - _ - - _ _ ~ . 0 _ - - . , ~ _ - , . ~ 1 ; ~ ~ ~ _ _ _ - ~ • 1 ~ _ _ - - I ~ - ~ _ _ . cv ; - r , f. . , f ~ . c- -t ~ ~aY'~ ~ ~ /iua4 Ak n-,r. . i ' ~ t . . G s c s A7~L !E . u . ~ . , ~ N-/4- (71"Y~ C& ~ nkA,-, i ~ - - 1~~~ - ~ _ - . _ _ - - ~ N ~ - ~ ~ - - - - - . . - i - b -G-~,CA24,t,Scz C,/ ~ 0-f ~ . ; l~v`~ < < . a--~ v,r-~ ~ Lr c6 • . . ; ~ - - _ _ _ _ _ _ . . . _ - - - - - - - , ; . ~ - - - - - ~ - _ ; - _ - - - - - - t - - - - - - - ~ - - - - - - - ~ ~ _ - ~ -.ii+ti+- I ~ i ! S .~,n..,•a~,~.. ~ i ~ ' - -iM JKC ~ ~ . , ~ ~_.ie ~ . ;~~'~y _ . ' ~ ~+i:9~ ~ ' - ~ . ' R k: ` J - _ ~ ~ - _ : :u !CJtr , h' ' . _ ti i~ .i : .q T "'^.~C`1~'drf_M T'1i '~.~lx i ,;~'I -a ♦ • - \~'"f~T. . . . : y. . 5 ~ T~: . a i~[~' ~Y = Y~_ (L'K'~ •J . 4~ _~i..,- . . , . ~i-~ i -E YF. . I ~ ~ . . . _ ' " ' . . ' ' " ~r i~ • ~ i I . ~ ~ , ~ ,1 J f~ . , . . - - - - - : . AGENDA, MAY 1, 1984 (PLEASE NOTE CHANGE OF HEARIPJG DATE) - 2- TELEPHONE NO.: 456-2205 SPOKANE COUNTY ZONING HEARING EXAMINER C0MMITTEE Place: Broadway Centre Building, Second Floor North 721 Jefferson Street, Spokane, WA 99260 (Continued from Page #1) PA~ ZOPJE RECLASSIFICATIONS 3. ZN-113-II3 MULTIPLE FAMILY SUBURBAN TO COMMERCIAL AND RESIDENTIAL OFFICE ~ (Generaliy located south of and adjacent to Westview Avenue, between Division Street and Colfax Road in Section 17-26-43.) Comprehensive Plan: Major Commercial and Urban Proposed Use: Retail and Office Use Site Size: Approximately 4.75 Acres Applicants: B. J. SHEEHAN and P. B. UERGE North 9817 Colfax Road Spokane, WA 99218 4. ZE- 7-84 AGRICULTURAL SUBURBAN TO COMP1ERCIAL r (Generally located at the northwest corner of Sprague Avenue and McCabe Road in Section 15-25-44.) Comprehensive Plan: Major Commercial Proposed Use: Retail - No Site Plan Site Size: Approximately 11,600 Square Feet I Applicant: ALBERT DESTITO c/o D. J. Hume 500 Columbia Building Spokane, WA 99204 ~ 5. ZE- 26-84 COP1MERCIAL9 MULTIPLE FAMILY SUBURBAN AND AGRICULTURAL SUBURBAN TO COMMERCIAL ~v0 (Generally located north of and adjacent to Sprague Avenue, south and adjacent to F1ain Avenue, approximately 380 feet east of Bowdish Road in Section 16-25-44.) Comprehensive Plan: Major Commercial Proposed Use: Retail Complex Site Size: Approximately 6.65 Acres Applicant: G.M.P. PROPERTIES c/o Hank Grinalds 521 Shoreline Drive Liberty Lake, WA 99019 (continued) / a AGtNDA, TUESDAY, MAY l, 1984 ,.'LEASE NOTE CHANGE OF HEARING 'E) TELEPHONE NO.: 456-2205 SPOKANE COUNTY ZONING HEARIPdG EXAMINER C0MMITTEE Place: Broadway Centre Building, Second Floor North 721 Jefferson Street, Spokane, 4JA 99260 ~ ZONING APPLICATIONS WILL BE HEARD IN THE FOLLOWING ORDER. THE ZONING HEARING EXAMINER COM- MITTEE WILL RECESS FROM 12:00 NOON TO 1:30 P.M. FOR LUNCH AT A PLACE TO BE ANNOUNCED. ITEMS NOT HEARD PRIOR TO THE 5:00 P.M. ADJOURNMENT, WILL BE CONTINUED TO THE NEXT AVAILABLE DATE AS ANNOUNCED BY THE CHAIRMAN OF THE ZONIPJG HEARING EXAMINER COP1MITTEE. LEGAL DESCRIPTIONS AND PROJECT DETAILS FOR THESE PROJECTS ARE ON FILE AND AVAILABLE IN THE PLANNING DEPARTMENT'S OFFICE. • 9:00 A.M. ZONE RECLASSIFICATIONS . AGE , l. ZE- 1-84 AGRICULTURAL TO COPIMERCIAL l (Continued from April 5, 1984 Nearing) (Generally located approximately 400 feet east of Barker Road, south of Interstate 90, and north of and adjacent to Broadway Avenue in Section 17-25-45.) . Comprehensive Plan: Urban Proposed Use: Outdoor Recreation Area and Parking Site Size: Approximately 2.9 Acres Applicant: JAMES W. HUGNES South 1902 Felts Road Spokane, WA 99206 /2. ZE-116-83 M LTIPLE FAPlILY SU6URBAN TO COMMERCIAL ~ VE- 2-84 V RIANCE TO THE FRONT AND REAR YARD SETBACKS IN THE MMERCIAL ZONE ~ (Generally located north of and adjacent to Fourth Avenue, between Howe Road and Fancher Road in Section 23-25-43.) Comprehensive Plan: Urban Proposed Use: Mini-Warehouse Facility Requested Variance:. To al 1 ow a 25-~Foot .se ack to the south property 1 i ne (4th Avenue) and a(__~foot setback from the north property line (Interstate 90); whereas the Spokane County Zonin dinance, Section 4.10.080-(d) requires a-setback ofeet for each yard. Site"Size: Approximately .88 Acre Applicant: PAUL SLEETH c/o James S. Black 500 Columbia Building Spokane, WA 99204 note: This is a request for two separate actions. The first, a rezone, will be before the Zoning Hearing Examiner Committee. The second, a Variance, will be before the Zoning Adjustor. Both items will be heard concurrently b both_ Board-s. . y i ^ ~ fQ pE N s: i 1 _r.N R ~ 13 .r.: • .s ~ 14 wn , 1 ( ~ ~ p ~ ►F ~ « 9 3J ~ i ~ q~l h► . C~ O ~ o'lo Y I • ~ J . ~ l V '~I.EY ~ArA . ~ J , • Oj a•a . / ►d . . ` AI w ~ .+Ocnao, .••r0 ~~c~K~e sr. AA(1L ~ Piac. R. R. , Qi ~ w RivLR SiDE M. ('uiRR2 - . ,d - - - , • - ~ . y ` .I z- . \ • Q' t J ~ 5T 5, 'S . • ISr V ~ciwz* AvE - ;z F- Z Z ~a V U 90 TH YA Y" I ✓ j ,4Tjy 5 9 G7 se=J4 a 11 Y r y ~TH , st ~~'t 41 (X , . 7 TH H ~ Z ~ y' E V t p Z ~ " ~ waadlaw ~ ~r. 8rH 4 ' • _ r ° • r^• , r, ,r ^t • , i~+.~ • . .rf ~~~,~.,a►. " -W :;,V~ 23 rw ~ :Y - r, 0 r ~TT ~~Cf100) . ~ 6J I O T N --s' ~ - . ~ • J4- ~ Z ~ I ►TM 'e • Q : 1:1000 . ' I 2-TM cDr, 1~± i-vE i2Th ........i,.;s Q ~.u~ i3r~ ~ ~ ► T~ Z I Z ~ F ~ ~ ~ ►r, TH i L T N T: = ~ N J O 15 T N l11 1 i s r}.r ' T Q` "F ►6' O ~--0F r , , ' : "•,r,~ . ~ ~ • ` 3 -3 1 OL nr; 7► i / ~ . / . ~ . . , . , . r~ ~+F~o+/ ~ • . . ~ ~ ~ ~~,L- .-_-w-•.-+ fP , it BEKIN3 MOYING , f~ °~;~,a , ; • ~ ' ~ fi . ~ ~~.~A1'w•t~~ ioqc, t.. iiio Ja' . Y.,) A . ' ~ . ` ~P /94✓+NG . - ~ . Yr ~i~rao, O,or.,.~ ~ ~ ~h ~ ~ I I I ~ ! ~ I ~ ~ _,_.r..4ft.,r___... - ed'96 io~ .:y.e•. ..e, ' ~ . ' ~ • • . , ~!'`k isrrt I . ~ y r - ~ Jt--11 - -f---yf-~ • ~l . . . ' lr-~-~-M• ~ . N ~ 7 ~G. jIO~ t AfIV /'CivGt . . ~ • . . . . , . , ' 1~, j'. . • , ~I. . ~ . • . . . f01iRTH AVE ~ • - - . , . . , - STAFF REPORT DATE: MAY l, 1984 T0: HEARING EXAMINER COMMITTEE FROM: PLANNING DEPARTMENT STAFF SUBJECT: ZONE RECLASSIFICATION NUMBER: ZE-116-83 VARIANCE NUMBER: VE-2-84 I. GENERAL INFORMATION APPLICANT: PAUL SLEETH (Agent f or James S. Black) PROPERTY OWNER: Bruton Family REQUESTEO ZONING: COMMERCIAL EXISTING ZONING: Multiple Family Suburban (est. in 1951) (with ASA Overlay Zone in 1983) REQUESTED VARIANCE: To allow a 25-foot setback to the south property line (4th Avenue) and a 15-foot setback f rom the north property line (Interstate 90); whereas the Spokane County . Zoning Ordinance, Section 4.10.080-(d) requires a setback of 35-feet for each yard. PROPOSED USE: Mini-Warehouse Facility EXISTING USE: Vacant SITE SIZE: Approximately .88 Acre COMPREHENSIVE PLAN DESIGNATION: Urban PRIORITY SEWER SERVICE AREA: Yes AQUIFER SENSITIVE AREA: Yes PROJECT LOCATIUN: This site is generally located north of and adjacent to Fourth Avenue, between Howe Road and Fancher Road in Section 23-25-43. _ /6 ZONE RECLASSIFICATION NO.: ZE-116-83 VARIANCE NO.: VE-2-84 II. BACKGROUND ANALYSIS 1) COMPREHENSIVE PLAN: Comprehensive Plan suggests low intesntiy non-residential uses be adjacent to arterials in the Urban category; Fourth Avenue, a County arterial, is to the south and Interstate 90 is on the north. The site isn't suited to residential use. , 2) ZONING: North Restricted Industrial (north of I-90), Established, 1955 ' East Commercial, Established, 1953 . West Multiple Family Suburban, Est. 1951 South Residential Manufactured Home, Established, 1969 and 1974 Agricultural, Established, 1955 3) HISTORY OF LAND USE ACTIONS: Most recent rezone is Residential Manufactured Home, to south, done in 1969. Development to the east has occurred within existing Commercial zoning established in 1953; specifically Bekins, R.V. Park, and East Sprague Drive-In. Racquet Club approved in A ricultural Zone under Conditional Use Permit provision of 1971 ?CUE-135-71). 4) LAND USE: Site Vacant North Interstate 90 East Bekins Moving/Storage and R.V. Park South Single Family Residential (primarily manufactured housing), and Central Park Racquet Club West Vacant and Interstate 90 5) NEIGHBORHOOD CONSIDERATIONS: Uses easterly primarily non-residential. South ard southwesterly are residential uses. The non-residential uses easterly along Fourth have landscaped extensively adjacent to the road. Interstate 90, elevated approximately 7 feet along the north boundary is major physical feature affecting the site. Site access is by Fourth Avenue; expected to be primarily f rom the east, by way of Eastern Road, f rom Sprague Avenue/I-90 area. Fourth Avenue along site is 2-lane paved with gravel shoulders, and east of site it is paved with curbing. ZONE RECLASSIFICATION NO.: ZE-116-83 VARIANCE N0. VE-2-84 III. SITE ANALYSIS 1) SITE CHARACTERISTICS AND CONSIDERATIONS: Flat with no major vegetation. Existing chainlink fencing along north (belonging to I-90) and along east (belonging to Bekins). 2) AGRICULTURAL SUMMARY: Urban category not intended to preserve farmland. 3) SITF PLAN INFORMATION: . SITE SIZE: Approximately .88 Acres 38,330 square feet) EXISTING BUILDINGS: 0 PROPOSED BUILDINGS: 4 Total Floor Area: 8,200 Square Feet (All Buildings) Total Site Coverage: 21.4 ro Maximum Structure Height: 10 Feet (1-Story) PARKING AREA: Parking Required: 3 (per 4.17.061-Warehouses /sp/3,000 square feet gross floor area) Parking Provided: 0(Parking undesignated due to nature of use and no employees) BUFFERING TECHNIQUES: Light obscuring buffer recommended along I-90 (site's north property line) and site's west property line. Placement of security lighting not to extend over site's property lines. Sight-obscuring fence and continuation of landscaping buffer recommended along Fourth Avenue. I ~ AV ~ ZONE RECLASSIFICATION NO.: ZE-116-83 VARIANCE NO.: VE-2-84 III. SITE ANALYSIS OTHER SITE PLAN CONSIDERATIONS: The Department of Building and Safety has recommended several development conditions. Measures for fire protection and access will alter the current design. Need wider turning radius between buildings and a second access point for fire equipment. Planning recommends that a second access point be only an emergency "crash gate". Storage of flammable and critical material in min-warehouse ~ facilities has been identified as a daily changing problem relative ~ to aquifer protection and fire safety. Even basic compliance with ASA Overlay Zone and Building Codesa at construction does not provide on-going daily protection measures. The applicant has requested variances to allow a 15-foot setback to the north property line (I-90) and a 25-foot setback to the south property line (Fourth Avenue). Strict application of the Zoning Ordinance would require both to be 35-foot f ront yard setbacks due to 41~-~`~ ~ adjoining roads. Because of controlled Interstate 90 access, the north property line is similar to a rear yard. The 15-foot setback would__ be justif ied and as required per the Commercial Zone f or a rear setback. Parcel shape_justifys the requested 25-foot f ront yard setback; provided, that the site plan revision for fire protection and access can be accomplished. IV. CONCLUSION: The zone change is consistent and logical in light of the Comprehensive Plan, existing ioning, and existing land use. The site can be buffered to protect the travelling public and adjoining residential le . A redesign of the s ite plan will 'uses. Both_ variances are _iustif iab- IJ be necessary f or f ire protection which may in turn be affected by the front yard variance. Hazards f rom unknown material storage will be an on-going problem for a4uifer and fire protection. ~q ZONE RECLASSIFICATION NO.: ZE-116-83 VARIANCE NO.: VE-2-84 V. RECOMMENDED AGENCY CONDITIONS, IF APPROVED: (All Conditions imposed by the Zoning Hearing Examiner Committee shall be binding on the "Applicant", which term shall include the owner or owners of the property, heirs, assigns, and successors.) a) COUNTY PLANNING DEPARTMENT 1. The Zoning Administrator shall approve a specific exterior lighting plan for the approved area prior to installation of such lighting. (Such plan shall confine illumination to the area with full consideration to adjacent properties and Interstate 90.) 2. Approval by the Zoning Administrator of a specific lighting and signing plan for the described property prior to the release of any building permits. _ Y,~3. A specific landscape plan, planting schedule and provisions for maintenance acceptable to the Spokane County Zoning Administrator shall be submitted with a perforp,~nnc~ bcnd f?r ±-h,e accordance within the concept presented to the Hearing Examiner Committee. Variations when approved by the Zoning Administrator will be permitted, including, but not limited to the following changes: 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 Ordinance. The original intent of the developmbnt plans shal' be maintained. (It is noted that a site pl nQe ign will be , ess elements.) necessary to accommodate f ire protection ana 5. Direct light from any exterior arAa lighti.ng fixtijrP shall no'~ extend over the property boundary, 6. The specif ic development plan will be submitted for Plann-.:: Department review and approval prior to issuance of building permits. - ~ L-- 7. Al1 current standards of the Commercial Zone, as amended, shall \ be complied with in the develcpir'If~~-~t cr ~D ZONE RECLASSIFICATION NO.: ZE-116-83 VARIANCE NO.: VE-2-84 a) COUNTY PLANNING DEPARTMENT (continued) 8. Signs for this project shall conform to standards as set forth _ in Section 4.09.125 Signs. 9. A 6-foot sight-obscuring -cyclone-fence shall be provided along the south property line of this proposal to provide a buffer for the existing residential use located iRmediately south of this site. 10. Applicant shall comply with 1208' recommendations concerning stormwater runoff and provide necessary landscaping for runoff. 11. Any division of land for the purpose of sale, lease or transfer, shall comply with RCW 58-17 and the Spokane County Platting Ordinances prior to issuance of building permits. 12. That the provisions of SEPA's NOTICE OF ACTION pursuant to Chapter 43.21C.080 RCW and the Board of Spokane County Commissioners Resolution #77-1392 be initiated by the project applicant within thirty (30) days of final disposition of this application, and prior to any on-site improvements, or file appropriate documents to the effect that the yOTICE OF ACTION is waived in accordance with Spokane County Commissioners' Resolution #82-0458 dated May 4, 1982. 13. Pursuant to the provisions of Chapter 43.21C RCW, the SEPA Guidelines (WAC 197-10) and the Spokane County Environmental Ordinance (SCEO), a proposed declaration of non-signif icance has been issued at least fifteen (15) days prior to this date; the official file, written comments and/or public testimony contain information regarding assessment of the proposal's adverse impacts to the physical environment; a finding is hereby made that no potentially significant adverse impacts upon the physical environ ment are anticipated as a result of the project; and a final declaration of non-significance is hereby to be issued. 14. A landscape strip and provisions for maintenance shall be provided along the south property line. 15. A light-obscuring buffer shall be provided along the north and west property lines. 16. That only one public access point to be allowed at the far eastern end of the site. Second access point recommended by Department of Building and Safety to be only an emergency "crash gate". ~1 ZONE RECLASSIFICATION NO.: ZE-116-83 VARIANCE NO.: VE-2-84 b) COUNTY ENGINEERING DEPARTMENT Prior To The Issuance Of A Building Permit: l. Applicant shall dedicate 2 feet on Fourth Avenue for right-of-way prior to any use of the property. 2. Access permits for approaQhes to the County Road System shall be obtained f rom the Spokane County Engineer. 3. Applicant shall improve Fourth Avenue in a manner cvnsistent with Spokane County TYPICAL roadway section No. 1 minimun paving width-Access Standard. c~ . . . ~«:r- 6.-- F ; r: • 4. Applicant shall submit for approval by the Spokane County Engineer road, drainage, and access plans prior to the issuance of a building permit on the property. - 5. The applicant shall submit for approval by the Spokane County Engineer and the Spokane County Health District a detailed combined on-site sewage system plan and $urface water dispoSal plan for the entire prn.3ect_ _p-rior to the issuanee of any building permit on the aroperty. 6. A parking plan and traff ic circulation plan shall be submitted and approved by the Spokane County Engineer prior to the issuance of a building permit on the property. The design, location, and arrangement of parking stalls shall be in accordance with standard traffic engineering practices. Paving or surfacing as approved by the County Engineer, will be required for any portion of the project which is to be occupied or traveled by vehicles. 7. The word "applicant" shall include the owner or owners of the property, his heirs, assigns, and successors. 8. To construct the road improvements stated herein, the applicant may, with the approval of the County Engineer, join in and be a willing participant in any petition or resolution which purpose is the f ormation of a Road Improvement District (RID) for said improvement pursuant to-RCW 36.88, as amended. Spokane County will not participate in the cost of these improvements. 4Q~- ZONE RECLASSIFICATION NO.: ZE-116-83 VARIANCE NO.: VE-2-84 b) COUNTY ENGINEERING DEPARTMENT (continued) 9. As an alternative method of constructing the road improvement stated herein, the applicant may, with the apprvval of the County Engineer, accomplish the road improvements stated herein by joining and participating in a County Road Project (CRP) to the extent of the required road improvement. Spokane County will not participate in the cost of these improvements. 10. The construction of the road improvements stated herein shall be accomplished as approved by the Spokane County Engineer. 11. All required improvements shall conform to the current State of Washington Standard Specif ications for Road and Bridge Construction, and other applicable County standards and/or adopted resolutions pertaining to Road Standards and Stormwater Management in effect at the date of construction, unless otherwise approved by the County Engineer. 12. Applicant shall construct a paved and delineated access approach(s) to meet the existing pavement on Fourth Avenue. 13. Roadway standards, typical roadway sections and drainage plan requirements are found in Spokane Board of County Commissioners'Resolution No. 80-1592 as amended. c) COUNTY UTILITIES DEPARTMENT 1. Pursuant to Board of County Commissioners Resolution No. 80-0418, the use of on-site sewer disposal systems is hereby authorized. This authorization is conditioned on compliance with all rules and regulations of the Spokane County Health District and is further conditioned and subject to specific application approval and issuance of permits by the Health District. ~3 ZONE RECLASSIFICATION NO.: ZE-116-83 _ VARIANCE NO.: VE-2-84 c) COUNTY UTILITIES DEPARTMENT (continued) 2. The owner(s) or Successor(s) in interest agree to authorize the County to place their name(s) on a petition for the formation of a ULID by petition method pursuant to RCW 36.94 which the petition includes the Owner(s) property and further not to object by the signing of a protest petition against the formation of a ULID by resolution method pursuant to RCW Chapter 36.94 which includes the Owner(s) property. PROVIDED, this condition shall not prohibit the Owner(s) or Successor(s) from objection to any assessment(s) on the property as a result of improvements called for in conjunction with the formation of a ULID by either petition or resolution method under RCW Chapter 36.94. 3. Any water service for this project shall be provided in accordance with the Coordinated Water System Plan for Spokane County, as amended. d) COUNTY HEALTH DISTRICT 1. A combined surface water and sewage disposal detailed plan shall be approved by the County Engineer and the Health District prior to the issuance of any building permit for this project. 2. Sewage disposal method shall be as authorized by the Director of Utilities, Spokane County. 3. Subject to specific application approval and issuance of permits by the Health Officer, the use of an individual on-site sewage system may be authorized. 4. Water service must be coordinated through the Director of Utilities, Spokane County. 5. Water service shall be by an existing public water supply when approved by the Regional Engineer (Spokane), State Department of Social and Health Services. 6. Use of private wells and water systems is prohibited. 7. Disposal of sewage effluent beneath paved surf aces is currently prohibited. ~ ZONE RECLASSIFICATION NO.: ZE-116-83 VARIANCE NO.: VE-2-84 ~ e) COUNTY BUILDING AND SAFETY DEPARTMENT l. The site is located in Fire District # 1. 2. The proposed site plan will require some revisions to provide for Fire Department access to all structures. The required fire flow for this proposed project is 2,500 g.p.m. Fire hydrants which meet the fire flow will be required to be installed. These hydrants shall be placed so that no portion of the building exterior is more than 175 feet from the hydrant. Each building constructed shall be accessible to Fire Department apparatus by way of access roadways with all-weather driving surface of not less than 20 feet of unobstructed width, with adequate roadway turning radius (20 feet inside and a minimum 45 feet outside) capable of supporting the imposed loads of fire apparatus and having a minimum of 13 feet, 6 inches vertical clearances. The development shall be provided with at least two points to the public street. The access locations shall be on approximate opposite ends of the development. Approved numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Said numbers shall contrast with their background. . Restroom facilities will be required on-site for tenant and employee use. 4. A land use permit will be required for each structure. 5. Trash enclosures shall not be located adjacent to combustible construction or underneath windows or nonprotected eaves. f) WATER PURVEYOR 1. Water Purveyor is Spokane Suburban Water Company, and they will supply the site with adequate water for domestic, fire and irrigation uses. ~ONE RErLASSIFICATION NO.: ZE-116-83 VARIANCE NO.: VE-2-84 g) COUNTY AIR POLLUTION CONTROL AUTHORITY 1. Air pollution regulations require that dust emissions during demolition, excavation and construction projects be controlled. This may require use of water sprays, tarps, sprinklers, or suspension of activity during certain weather conditions. Haul roads should be treated and emissions from the transfer of earthen material must be controlled as well as emissions from all other constructton related activities. 2. Measures must be taken to avoid the deposition of dirt and mud from unpaved surfaces. If tracking or spills occur on paved surfaces, measures must be taken immediately to clean these surf ace s . 3, All travelleC surfaces (ingress, egress, parking areas, access roads) must be paved and kept clean. 4. Some objectionable odors will likely result during the construction phase of the project and from motor vehicles using the site following completion of the project and from occupants of the proposed project. 5. All air pollution regulations must be met. h) STATE DEPARTMENT OF TRANSPORTATION ~ _ . 1. Reduction of the setback requirement is not supported by this Department. Due to the proximity of the proposed warehouse to the existing f reeway, any reduction of the existing errant vehicle recovery area and ad jacent buildings is not in the best interest of the traveling public. l._. • I -.o~ v, . ~ PLANNING DEPARTMENT t I I I ii• .L«~T==wy • ' _ ' • • BROADWAY CENTRE BUILOING N 721 JEFFERSON STREET 1P L! PHONE 456-2205 , _ ~...s..... SPOKANE, WASHINGTON 99260 SPOKAN[ COL'+Tti" LOURS NJUSE ' March 21 , 1984 James S. Black 500 Columbia Bldg. Spokane, WA 99204 RE: Proposed Variance for Mini-Storage Units in Conjunction with a Commercial Zone Change Request (VE-2-84) Dear Mr. Bl ack: Following the hearing held on March 14, 1984 it appears that there is a resonable basis for al lowing a vari ance. This concl usion is based upon fi rst, the fact that the County Engi nee rs are only requesti ng dedi cati on of two (2) feet of ri ght-of-way al ong Fourth Avenue ; second- , access i s 1 i mi ted to one point from the site thus avoiding potential interference with the mobile home park across Fourth Avenue; and third, there appears to be little or no opposition to the variance request from adjacent property owners. As you know, the vari ance cannot be deci ded upon unti 1 the appropri ate zoning is established. It may be that the factors noted above will be altered by yourself or the Hearing Examiner Committee in their consideration of this matter. Any desi gn changes o r new testi mony wi 11 have to be gi ven appropri ate consideration in ultimately reaching a decision on the variance request. Hopefully, the above has given you enough information to determine if the project is worthy of pursuing. Si erely, ~ Dougl as S. Adams Zoning Acjustor DSA/pm SPOKA14E COUNTY ZONING ADJUSTOR - PUBLIC HEARING AGENDA: March 14, 1984 TIME: 1:15 P.M. PLACE: Spokane County Planning Dept. , N. 721 Jefferson, 2nd Floor Conference Room B. VARIANCES (Continued) ~3. VE-2-84 RELAXATION OF FRONT YARD SETBACK REQUIREMENT Generally located between I-90 and 4th Avenue and east of Howe Road in Section 23-25-43. 'I ROPOSAL: To allow a mini-warehouse facility to be located 15' from the northerly 'FOx NOL.IIJW M,R.CT - SRNATA property 1 ine (I-90) and 25' from the south prope rty line (4th Ave.). The existing zoning of the site is -F_XKjUS PYl0Y1N~ STFj -Ep'ST Mul ti pl e Fami ly Suburban. The ' appl i cant is requesti ng a vari ance f rom setback requi rements of the Comme rcial Zone classification, Section 4.10.080 (d), Spokane County Zoning Ordinance. A zone change hearing is scheduled for May 3, 1984 to rezone the property from Multiple Family Suburban to Commercial. SITE SIZE: .88 Acres APPLICf1NT: J. S. Black 4. VE-5-84 RELAXATION OF FRONTAGE REQUIREMEtJT Generally located west of Gorden Street and north of Barnett Avenue in Section 33-24-44. PROPOSAL: To allow a single family residence to be 1 ocated on a parcel of 1 and having no county road frontage, whereas the Spokane County Zoning Ordinance, Section 4.04.040 requires 100' of continuous public road f rontage i n the Agri cul tural Zone. Access i s vi a a 15' wi de recorded easement extending westerly from Gorden Street to the si te. SITE SIZE: 3.9 Acres APPLICANT: Carl and Janet Wheatley -2- • ~ A LCI 0 N. 9508 DIVISION • SPOKANE, WASHINGTON 99218 • TELEPHONE484-5590 February 8, 1984 I authorize Paul Sleeth, of James S. Black & Co., to take any action regarding a variance or zone change in regards to a parcel of land #23531- 9106. ' _Q~ ~ • ,/47~~ i- ~ SPOKANE COUNTY PLANNING DEPARTMENT APPLICATIONS BEFORE THE ZONING ADJUSTOR/BOARD OF ADJUSTMENT ~ Ce rti f i cate of Exempti on No. : Appl i cati on No. :~t Name of Appl i cant: JAP-ILS S. BLACK Street Address: 500 Columbia Building City: Spokane Stdte: Washington Zip Code: 99204 Tele. No.: 838-2511 Name of P rope rty Owne r( s): Anthony D., Rodney C., Bernice N. Burton Requested Action(s) (Ci rcle Appropri ate Action): Vs) Condi tional Use Permi t Admini strati ve Appeal Tempo ra ry Pe rmi t Wai ve r of V i ol at i on Othe r: Zero Lot Line Non-Conforming Lot/Use FOR STAFF USE ONLY * . ~ ~ Cite Ordinance Section ~ Section 23 Township ~.S Range 43 Property Size: •~~aG. * * Existinq Zoning :AS 145/ Comprehensive Plan Designation: ~lQB~il~ * * io,Qo ioqSE,D zdlVt cA&t ia coAl A01, A4C04.1nf ~ L e g a l C h e c k e d b y. H e a r i n g D a t e: . 3- Recei pt * Existing Use of Property : VACANT LAND Proposed Use of Property: MIIJI-wAREriOUSE FACILITY Street Address of Property: No Street Address 4tin and Fancher Leqal Description of Property (include easement if applicable) 23-25-43 PRT of F 1 n Ar nf FL nf NF4 nf lying S of Sr,N of xw)r 12 an{l F•.:r 4tn Aveizue Parcel 2~:s,j1-9106 Source of Legal: m Total -amount of acjoining land controlled by this owner/sponsor: _n_ What interest do you hol d in the property: Purchasinct continareDt uron zonP Cbange Please list previous Planning Department actions involving this property: None that I am aware of. I SWEAR THAT I AM THE OWNER OF RECORD OR AUTHORIZED AGENT FOR THE PROPOSED SITE. IF NOT THE OWNER, WRITTEN PERMUSION FROM SAID OWNER AUTHORIZING MY ACTIONS ON HIS/ HER BEHALF IS ATT~CHED. On Zoning Ap ' cation. Si gned : Date : Address: 50 0 (tiol umbi gLi 1 7i n; Phone No.:s3a-2511 ~ NOTARY SEAL: NOTARY: t ~ DATE : y . A. UARIANCES 1. In view of the above information, what special ci rcumstances (beyond your control or actions) deprive you of the same general rights and privileges of othe r prope rty owners wi thi n the same zone an d vi ci ni ty? Setbacks of other commercial properties in the same vicinity are 20-25 feet. These facilities have little or no landscaping. Please see attached AdLendur1_ 2. If the variance were granted, how would it affect neighboring properties or implrovements? _T]lP pr~opr,siz~ facilitv would be loca.tPd c-1 nsPr tn r-9 p not affectinct neiQhborinor Aroperties T B. CONDITIONAL USES, ZERO LOT LINE, NON-CONFORMING USE, TEMPORARY PERMITS, ETC. 1. Please give a concise expl anation of the proposal incl uding size, hours of operation, expected traffi c and other features, etc. The proposall is to change- the setback requirement from 35 feet to 15 feet on the I-90 side of the property. 2. What features insure compatibility of this proposal with adjacent properties? _QjIP G,,tory h,i; 1r7; r,g Landscaped alona the freewav,l aesthPti cal 1 y pleasing. C. WAIVER OF VIOLATION l. How or why was the structure established outside the provisions of the Spokane County Zoning Ordinance? ig nn ctr~irt»r~es±a}alis~e~ at this time. ~ D. SIGN-OFF BY COUNTY DEPARTMENTS 1. COUNTIf HEALTH D ISTR I CT ~ A Lpltcanlt nary consultation has been held to discuss the proposa . The ha been. informed of requi re 77 s an d stan dar d s. ~ . Siqnature D te Siqn-off Waived by Planning Staff 2. COUNTY UTIL TIES DEPARTMENT , A prel i mi na ry consul tati on has been hel d to di s cuss the p ropos al . The app-l i cant h e n i formed of the requi rements and standards. /A" Si9na ure TD?ate ) S~ gn-off Wai ved by Planning Staff ~ WATER PURVEYOR ( i f appl i cabl e) Name :~~o~~ S~3v~,•.~ Idf A-r-Erz_ a) The proposal dDis not located within the boundary of our service area. b) We<#V~4are not abl e to se rve thi s si te wi th adequate wate r. Do4f*s7-1c ~.yhave not bee u mage c) Satisfactory arrangement<::Ka'y YM to s~rv ~yhis Rroosal.~+ e ti S CZ 5 '?l.nr -S 198' ~ (Signature) , (Date) Sign-off Waived by Planning Staff : E A L T O R S D E V E L : R S M A N A G E R S A R I I S E R S C O N S U L T A N T S . JAMES S. BLACK & C0. COMMERCIAI, INC. Addendum to Variance Application #VE284 We are asking for a 15-foot setback to the freeway to make this property economically feasible for development of a mini-warehouse facility. The 35-foot setbacks from both the I-90 freeway and Fourth Avenue drastically cut the useable area th-zs triangular piece of property. We are not challenging t1Ze 35-foot ~etback from Fourth At-enue but f eel a 15-foot setback f rom the I-90 f reeway would allow us to develop this site both economically and in a manner which is highly compatible with neighboring properties. We of f er a low-prof ile storage facility with aesthetically i:leasing landscaping along the northside of the property which borders the I-90 freeway. The facility will be one story high while the building directly to the east is approximately three stories high. We f eel that this setback variance allows us to use the property in a manner consistent with other property owners within the same zone and vicinity. We appreciate your consideration. , . 3j > MAIN OFFICE 500 COlUM61A BUILOING (509) 838-2511 SPOKANE. WA 99204 ~ ~ S . EC. 231 25 , R. 4 E.W. V. s ~ r ~ ~ SCALE: i =400 . ~ 1- 3 o , 19 z i _ _ a o ,qq 6 _ _ Q+: Q N _ 0. W R.R. ¢_N. 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