1995, 08-29 Zoning Adjustment 9508310242 ; .., c ,--.
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SPOKANE " :I aq"i,r ��P '. :.< C Co UR= -S.i:1: y _ ..
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DEPARTMENT OF BUILDING AND PLANNING • A DIVISION OF THE PUBLIC WO';i • i AR�r�N(� yor
JAMES L.MANSON,C.B.O.,DIRECTOR DENNIS M.SCO .• , IRE±cM Rf 1
#1 +? hq E,.1DNARUE
SpLKAtiF t;t IJNYY WASH.
DEPUTY
August 29, 1995
Lois Nay � ERQF1 s 1
Spokane, A 99206
SUBJECT: YOUR RESIDENTIAL PROPERTY AT THE ABOVE ADDRESS;
LEGAL DESCRIPTION: LOT 6,BLOCK 5 OF GRANDVIEW
ACRES,FIRST ADDITION (ASSESSOR'S #45044.0408); ZONING
ADJUSTOR FILE CUE-13-73 (TRAILER AS A RESIDENCE FOR A
DEPENDENT RELATIVE)
What would appear to be a simple matter, I'm sure,in your mind, is relatively complex from our
standpoint of view, as nearly 22 years has passed since the issuance of the Conditional Use Permit
for you and your husband to allow Bertha Harmon to live in a manufactured home on the same
parcel with the your permanent home.
Looking at the old ordinance from 1973,we are not able to even determine how a permit to put a
second dwelling unit on your lot was legally issued in 1973. However, a permit was obviously
granted in good faith, after you and your husband applied for a second residence in good faith.
Over the next 22 years,up until the present,you acted in good faith,maintaining the residence and
caring for your mother. The original approval,in 1973 was issued without restriction to a time
period;but, only in connection with housing Mrs. Harmon. Since the housing of Mrs. Harmon
has now ceased,technically and legally the conditional use permit is void. However,because
everyone acted in good faith and because there has been apparently no adverse affects to the
neighborhood or adjoining properties (we could find no complaints), it would seem appropriate to
continue this situation as long as the circumstances are similar.
You have requested that your sister and her husband be allowed to occupy the former Harmon
manufactured home. You've also stated that your sister is somewhat dependent on you to assist
her with some of her activities,including shopping. Because she qualifies as a relative (similar to
Mrs. Harmon,in that respect) and because there is a degree of dependency (similar to the situation
with Mrs. Harmon),we feel inclined to continue this privilege for the foreseeable future. This
decision was arrived at after discussion with upper level planning staff in the office.
However,the authorization to give approval to your request,comes with the caveat that this is
technically not legal and if we are challenged at any time we may not be able to allow this situation
to continue. My personal advice is that you not allow anyone else to live in the manufactured home
and that you remove it. That would be legally and technically correct. But, as I said before, as an
agency we're going to try to see if this will work out over time. You just have to realize that this
may all come unraveled at some point and your sister and her husband may have to move and the
manufactured home may need to be removed.
1026 WEST BROADWAY AVENUE • SPOKANE,WASHINGTON 99260
BUILDING PHONE:(509)456-3675 • FAX:(509)456-4703
PLANNING PHONE:(509)456-2205 • FAX:(509)456-2243
TDD: (509)324-3166
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VOL. 76 7 PPtGE 2 8 5
Lois Nay
August 29, 1995
Page Two
I would say also that you should not sell the property in the future with the manufactured home on
it with any implication to a prospective buyer that it's a legal for them to establish the manfuactured
home as rental property or to even have a family member live in that manufactured home. That is,
this situation should end when you no longer are the owner and occupant of the property. In order
that a future prospective purchaser be fully aware of this situation, I am going to file this letter in
the Au•itor's Office with your property records. Any title search should turn this letter up and
adv' - uture prospective property own- - of the circumstances as they were viewed in 1995.
el0O , . •
THOMAS G0 .HER, AICP
,4Senior Plan -
hrd
c: John Mercer, Acting Assistant Director
Spokane County Auditor's Office