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VE-36-84 (2) ~ - ► f r r ~ ` ' VE ECE COPY I ORIGiNAL F1LED 1964 SEPI 31984 1 4PRaSECUTING ATTORNEY SUPER#t1R CCU"Oi - SPbKANE OOUNT1r, wASm 8POKAKE COM, M ~ ~ 3 ~ ~ 4 ~ g IN THE 3UPERIOR COiJRT QF THE STATE OF WA3HINGTON g 1 IN AND FOR THE COUNTY OF SPORANE 7 JAMES OLINGER, ~ 8 ) NO. 84201950-1 Plaintiff, ) ~ 9 ) STIPULATED MOTION AND ' v. ) ORDER OF DISMISSAL ~ 10 ~ ' BOARD OF ADJUSTMENT OF SPO- ) 11 IiANE COUNTY, ~ 12 Def endant . ) I - 13 ST I P EJLAT I ON 14 COMES NOW, James Olinger, by his attorney C.,Jon 15 Nees, and the Spokane County Board of Adjustment by and 16 through its attorney, Deputy Prosecutinq Attorney Robert B 17 Binger, and hereby stipulate that the above entitled action 18 may be dismissed with pre3udice, and that 3udgment of dis- 19 missal may be entered accordinqly, wfthout costs to either 20 party. 21 O R D E R 22 THIS MATTER came before this court upon a 23 Stipulated Motion for Dismissal, and the court havinq 24 reviewed the files and being fully advised in tbe premises, 25 Stipulated Motion and DONALD C BROCKETT Order of Disrlissal - 1 Prosecuting Attorney County-City Public Safety Building Spokane, Washington 99260 r „ ~ ■ I - - : . 1 i~ ti ~ ~ ~ 2 YT YS HBREBY ORDERED, ADJVDGED and DECREED that the 9 above entitled action be,, and th• saune iap hereby diamieeed 4 witb prejvdias and withovt coste. ~ , 1~4 DOI~S Y~1 OPE1~ COtJRT th i e / day o! 4m~ 40 b s g 1984 7 ARTHUR To .SnN ~ ~PRO-TJMIONER i 8 ~ ~ v ;Z& aenhe0yo, 9 ~ Robert r ~ 10 Dep uty Prosecutinq torney . 11 ~ ~ Approve8 for ~~ntry and ~ 12 potice of Preeentment Waived t . 13 14 ' C Jon Nees ' Attorney gor Plaintiff ~ 15 f ~ 16 ~ - ~ 17 18 1q 20 21 22 23 24 1 25 1 Stipulated Motion and Order l9f Dismissal - 2 r ~ 1 7+ ' i , !P I ~ , ~ s STAFF REPORT DATE MAY 1, 1984 TO HEARING EXAMINER COMMITTEE FROM PLANNING DEPARTMENT STAFF SUBJECT ZONE RECLASSIFICATION NUMBER ZE-29-849 RESIDENTIAL MANtJFACTURED HOME TO RESTRICTED INDUSTRIAL ZE-148A-80, CHANGE OF CONDITIONS IN RESTRICTED INDUSTRIAL ZONE VE- 36-849 VAItIANCE TO SIDE YARD SETBACK IN RESTRICTED INDUSTRIAL ZONE note All three items will be heard concurrently by two separate Boarde The first two itema, ZE-29-84 and ZE-148A-80, will be heard by the Zoning Hearing Examiner Committee The third item, VE-36-84, will be heard by the Zoning Adjustor I GENERAL INFORMATION APPLICANT/OWNER J D OLINGER REQUESTED ZONING Restricted Induetrial EXISTING ZONING Residential Manufactured Home (est in 1971) (with Airport Overlay and (with ASA Overlay Zooe) REQUESTED CHANGE OF CONDITIONS The sponsor ie requesting the deletion of Condition #1 of Board of County Commiseionere Findings and Order for zone reclassification #ZE-148--80, which requirea specific plan revi6w by the Aearing Exeminer Committee prior to development Applicant requosts the change to 811ow detailed plaa review by the Zoning Administrator, REQUESTED VARIANCE To allow a Mini-Warehauee etructure to be within one foot from the eide property line, whereas, the Zoning Ordinaace requires a S-foot side yard setback for each story of the buildiag. PROPOSED USE Mini-Warehouse EXISTING USE Vacant with existing retaiaing wall one foot from eide property line SITE SIZE 25,500 Square Feet ~ w r ZONE RECLASSIFICATION NO ZE-29-84 ZONE CAANGE CONDITION NO ZE-148A-80 VARIANCE NO VE- 36-84 I GENERAL INFORMATIUN (continued) COMPREHENSIVE PLAN DESIGNATION Induetrial PRIORITY SEWER SERVICE AREA Yes AQUIFER SENSITIVE AREA Yes PROJECT LOCATION Generally located east of and adjacent to Park Road, approximately 450 feet wesC of Ella Road and approximately 130 feet south of Broadway in Section 18-25-44 ► II BACKGROUND ANALYSIS ' l STAFF REPORT DATE: MAY 1, 1984 T0: HEARING EXAPiINER COtiMITTEE FROM: PLANNING DEPARTMENT STAFF SUBJECT: ZONE RECLASSIFICATION NUMBER: ZE-29-84, RESIDENTIAL MANUFACTURED fIOME TO RE STR ICTED INDU STRIAL ZE-148A-80, CHANGE OF CONDITIONS IN RESTRICTED INDUSTRIAL ZONE VC- 36-84, VARIANCE TO SIDE YARD SETBACK IN RESTRICTED INDUSTRIAL ZONE note: All three items will be heard concurrently by two separate Boards. The first two items, ZE-29-84 and ZE-148A-80, will be heard by the Zoning Hearing Examiner Committee. The third item, VE-36-84, will be heard by the Zoning Adjustor. I. GENER.AL INFORMATION APPLICANT/OWNER: J. D. OLINGER REQUESTED ZONING: Restricted Industrial EXISTING ZONING: Residential Manufactured Home (est. in 1971) (with Airport Overlay and (with ASA Overlay Zone) REQUESTED CHANGE OF CONDITIONS: The sponsor is requesting the deletion of Condition #1 of Board of County Commiesionere Findings and Order for zone reclassification #ZE-148--80, which requires specific plan review by the Hearing Eaaminer Committee prior to development. Applicant requests the change to allow detailed plan review by the Zoning Administrator. REQUESTED VARIANCE: To allow a Mini-Warehouse structure to be within one f oot f rom the side property line, whereas, the Zoning Ordinance requires a S-foot side yard setback f or e ach story of the building. PROPOSED USE: Mini-Warehouse EXISTING USE: Vacant with existing retaining wall one foot from side property line. SITE SIZE: 25,500 Square Feet ~ ZONE RECLASSIFICATION NO ZE- 29-84 ZONE CHANGE CONDITION NO ZE-148A-80 VARIANCE NO VE- 36-84 III SITE ANALYSIS 1) SITE CHARACTERISTICS AND COITSIDERATIONS Site has variety of uses Manufactured Home Park, outeide storage of equipment and materials, and has access f rom both Pai-ic to the west and Ella to the east Staff recommends that if the mini-warehouse is approved, the general public be required to access the si[e f rom Park This would require a paved acceae driveway from Park with the advertieing sign aloag Park 2) AGRICiJLTURAL SUMHARY The area has been committed to Urban type developmeat by the Soil Conservation Service, U S Department of Agriculture 3) SITE PLAN INFORMATION SITE SIZE Approximately 25,500 Square Feet EXISTING BUILDINGS None PROPOSED BUILDINGS 1 Floor Area 12,500 Square Feet Two Stories 25,500 Square Feet Structure fleight 28 S Feet (ae per eite plan submitted by aponsor) PARKIHG AREA Yarking Required 9 Parking Provided 8 note Site Plan submitted shows two design alternatives for the building 8oth are measured from the reeidential rear yards at their grade elevation The f irst propoeee a building with parapet tocif at a height of 211-6", set one foot from the property line The eecond proposes a building with gable roof with a wall height of 151-6", set one faot fron the property line Information of the height of the etructure at tbe apex of the gable roof is not provided 4 ~ ~ ZONE RECLASSIFICATION NO ZE- 29-84 ZONE CHAIiTGE CONDITION NO ZE-148A-80 VARI,ANCE NO VE- 36-84 III SITE ANALYSIS (continued) j BtTFFERING TECHNIQUES The sponeor hae not indicated any buffering for the residences to the north He proposee a decorative bloek wall ranging from 151-6 to 211-6", depending on the design approved by the Hearing Examiner Committee Some landecaping is shown at the southeast and southwest cornere of the building for the residente of the Residential Manufactured Home Park OTHER SITE PLAN CONSIDERATIONS Due to the uncertainty of the materials stored within the mini-warehouse epaces, the eponaor should be made aware of the Aquifer Seneitive Overlay Zone and its measures for aquifer protection, specif ically measures dealing with waetewater disposal, epill protection measures, and etormwater runoff The County Engineer ie requesting a 4-foot additional dedicatian for Park Road ae a part of the Change of Conditions to ZE-148A-80 r • ~ ~ ZONE RECLASSIFICATION N0. ZE- 29-84 ZQNE CHANGE CONDITION NO ZE-148A-80 VARIANCE NO VE- 36-84 V RECOM NDED AGENCY CONDITIONS, IF APPROVED (All Conditions imposed by the Zoning Hearing Examiner Committee eh$11 be binding on the Applicant , which term shall include the owner or oWners of the property, heirs, assigne, and succeesore ) a) COUNTY PLANNING DEPARI'MLNT ~ That prior to release of occupancy permits, tall growing, mature trees be inetalled along the north property line of this rezone (ZE-29-84) application, ae well as along the north properCy line of the Change of Conditions, ZE-148A-80 2 That accese to the mini-warehouse for the general public be fron► a paved driveway to Park Road 3 That a f zee-etanding identif ication sign be limited to the western portion of the eite aloug Park Road 4 The Zoning Adminiatrator shall approve a specific exterior lighting plan for the approved area prior to installation of such lighting (Such plan shall attempt to conf ine illumination to the area with full coneideration to adjacent properties) 5 A specif ic landecape plan, planting schedule and provisiorts for mainteaance acceptable to the Spokane County Zoning Administrator shall be submitted with a performance bond for the project prior to release of building permite 6. The applicant shall develop subject property generally in accordance vithin the concept presented to the Hearing Exdminer Committee. Variations when approved by the Zoning Administrator will be permitted, iacluding, but not limited to the following changeg Building location, landscape plans, and general allowable uses of the permitted zone All variatione muax confbrm to regulationa set forth in the Spokane County Zoning Ordinance The origiaal intent of the development plans shall be maiatainred 7 The specif ic development plan will be submitted for Planning Department review and approval prior to iesuance of building pexmits 6 OW i ZONE RECLASSIFICATION NO ZE -29-84 ZONE CHANGE CONDITION NO ZE-148A-80 VARIANCE NO VE- 36-84 a) COUNTY PLANNING DEPA.RTMENT (continued) 8 All current standards of the Restricted Industrial Zone, as amended, ehall be complied with in the development of this site 9 That the project is subject to Section 4 16A OSO, the Aqutfer Senaitive Area Overlay Zone of the Spokane County Zoning Ordinance, which sete forth various measures for Aquifer protection, specif ically, measures dealing with wastewater disposal, spill protection meaeures, and etormwater runoff 10. Applicant ehall complq vith 1208' recommendations concerAing atormwater runoff 8nd provide neceseary landecaping for rUaoff 11 Any diviaion of land for the purpose of sale, lease or trAnefer, ehall comply with RCW 58-17 8ad the Spokane Countq Platting Ordinances prior to issuance of building permite 12 That the provi8ions of SEPA's NOTICE OF ACTION pursuant ta 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 f inal disposition of thie applicatioa, aad prior to any on-eite improvemente, or fil,e 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. 13 A propoaed declaration of non-significance (a preliminary deciaion, which may be reve rsed, that an environmeatal impact etatement, an EIS, ie not needed) has been adminietrativel~y iseued. Thie iaeure• the applicant of a timely processing of hie/her proposal at the time of the public heariag. BOT, ,a major purpose of the public hearing ie to afford the opportunity to preeent the decieion makere with information as to whether or aot g potentially SIGNIFICANT ADVERSE impact upon the physical environment will result f rom implementation of the propoeal, thus resulting in the aeed for an EIS. However, all "exteneions of time" and mast "change of conditions" are exempt f rom the proviaions of SEPA, check with the Planning Departmeat staff i# uncertaiatq exiets 7 ' ~r ~ R ECE f ~ SEP 1 9 1984 SPOKANE Coti pIANNIPdG pEp"#'PIs NT ''.a7asl 2V, 19b4 I,St J1T JZ1 -i4E C t'4'CL'3 9111. ~1--c)Zn bpoka 'lE i 1A J92V6 7 ) iin3 4101ati-n UEaz 14 : Olin3er ~ ~ tnr Thoroas Davfs, Zoning Investigator foc the SpoKsne Couiity ii~partment of Buildin~ anrj ~~fety, h~s ~on- ta`ted our oFrice reqardin3 alle3ea violAtion5 or „ec*ion 4 65 j40 (a ) and 4 u5, l0U of tne Spofa.le Cuunty Cc.aQ on ivotir airooerty loo.-ated at North 605 E11a and "orth ~)15 r 113 ~ I I-pecitically it is allegej that twa sin31e wile -nobile hames aave been nI-sced on chis ot~i-2z'ry, , uhich is zo>>ea r%4riculture 5aburb$n 4ectian 4 05 040( a) oi the ~ S'),3tiai►p Couuty Code allows only o-ie single iantiAy JwPlling co oe locateci on a sinqle lot In aduition, .aectiun 4 u5 100 arohioit3 3ingle wiae Lnobi le hames ln an ~ alricut,ure Suburdan zone You tiave been inFor;ned of thesa allagpj violatiolie ' an.i i,ave Eailed tv take gteps to correct th,e s1Ci3LloAr { ~ l.aa= e be advised that a vio.Lation ot twie above bectiosia is a aiasciameanor As such, it is punimnaale by a fine of up to ~1,0UU, impriaonment Fot lp t0 3ti days, or both such fine aii3 impridariment lou are urged, ttierefore, to clint&Cc Nr, oavis within 30 3ays or tha date ar this lett(4* Ln nrl"r to take tne 3teps necassary to correct the abovi violation., Your idilure to cont3et Mr Dsvis, or co take c.ile tlaresaary 9teps La correct the above alleged violation, ,rnay cnquir in a coctiplnint b2iig filea aqain5t you ny ou.c ~F~-~c.►~ very trute ours, ~ ~ 1 ` Ronald P. Arkille RPAsis Deputy Ptoeocuting ALtorney , . 7G'+►r 4 " .l~~,j~~ J 7 ECEIVE~ COPY ~ • I^ s~~ 11 ~ ~~~"LW - sEPz s W ~ AT'rOrr~Y iUPE~91! ~R~i oouNrn wam srmu coant, WIL u S 8 / b !6B BOPBRIOR OOOA? OP TH8 STATS OP 1a18gINGTOl1 6 ~ IM JWD PWt T88 COUIiTY 08 SPORANB 7 JAMBB OLI11G8S e ! 8 ! NO 81201950-1 Blaialiit, ) g ) STIPOLATSD kOTIOH AND v ) ORDBS OF DIBMISBAL ~ 10 BOJI~RD 0F ADJOSTlM? OP 8P0- 1 11 1Um coumr ! 1 12 csieaaent ) 19 BTIPUfJ►TION 14 ib tOl188 HOil, James Oliaqer, by hte attorney C.. Joa is Neee, m6 the Spokaue Couaty 8oati ot Adjuetment by aad 17 t6rcu9h its attoraey, Deputy Prosecutlaq Attorney Robert B Biaget, and hereby stipalate that the above eatitled action 18 msy pe diemtssed ritb prejudice, aad tAat iudgment oF die- 19 mieeal may bo eatered aocor8taqiy, xithont coats to eitder m party 21 OttDBR 22 lBIB NATTHS came before tAis court upoo a 23 Stipulated Motioa for Dismissal, aad the court havinq 24 teviered the iiles aad beiaq iully advieed in the promiees, ffi Stipnlated Ibtion and DONALD C BROQ(ETT Order of Dismissal - 1 Prosecuting Attorney County-City Publio Safety Building 8ppkaae, Washington 99260 ~ s . 1 SPOKANE COUNTY BOARD OF ADJUSTMENT HEARING, JUNE 209 1984 FILE # VE-36-849 2 JIM OLINGER BOARD MEMBERS PRESENT MARTIN HIBBS, ACTING CHAIRMAN, VERNON 3 LAUBACH, MILA BALL AND LARRY KRAUSE 4 5 LAUBACH This is the Spokane County Board of Adj ustment We wi 11 cal 1 the 6 meeting to order, there being a quorum present At this tirrie I'd like to defer ? the ch airmansh i p to Mr. H1bbs g HIBBS, Turn rriy sign around Okay This is the regularly scheduled meeting of 9 the Spokane County BQard of Adjustrrent on June 20th, 1984 The purpose of this 10 Board Zs to hear appeals from the matters of umm variances from the Zoning 11 O►"dinance and condlt1onal use permits The matter before us is VE-36-84 is 12 wKat we wi 11 hear today I wi 11 po1 nt out at this poi nt that the decision of 13 thi s board i s final unl ess appealed to a court of competent autho rity within ten 14 days of the gtgntng, slgning of the Findings and Order of this board That will 15 normatl ly take pl ace at our next regul arly s chedul ed meeti ng which woul d be the 16 3rd Wednesday of July. That's when they would normally be signed So let's see 17 The way th.at thls 1s going to be presented this rrrorning is we wi 11 hear a pre- 18 sentatlon f rom the staff first Then we wil l hear from the appel l ant, Mr O1 inger- 19 or h1s representat1ve and then we will hear from the opponents to the, to the 20 project, Sq with that ahh we wi11 go ahead 21 FRANKOVIC Pat Frankovlc, Spokane County Planning Department staff inerrber 22 Prior to getting sta►^ted th.is morning, ahh I woul d 1 ike to recap for the record., 23 for the bodrd and folr the audience, ahh the authority of the Board of Adjust- 24 ment to atct on Vatrlances and the variance criteri a l' 11 be readi ng from Secti on 25 4 25.03Q (bl Qf the Spokane County Zoning Ordinance and it says "Variances" 26 Appl i cat1ons for variances from the terms of the Zoning Ordinance provi ded that 27 any varlance granted shall be subject to such conditions as will assure the 28 adjustment thereby authorized shal l not constitute a grant of special privi lege 29 tnconslstent with the limitations upon other properties in the vicinity and zone 30 which subject property is situated and that the fol lowing circum.stances are 31 found to apply" These are the cri teri a Number 1 Because of speci al circum- 32 stances appllcable to subject including size, shape, topography, location of ,1- ~ SPOKANE COUNTY BOARD OF ADJUSTMENT HEARING, JUNE 209 1984 FILE # VE-36-84, 2 JIM OLINGER 3 4 FRANKOVIC surroun dings, the strict application of the zoning ordinance is 5 found to deprive subject property of rt ghts and pri vi 1 eges enjoyed by other 6 properttes in the ylcintty and under i dentica1 zoning appl i cation Nurrber 2 ? That the granttng of the varl ance wtl l not be materi al ly detrirrental to the g publ ic wel fare pr injurlous to the prope rty o rimproverrents i n the vi ci ni ty i n 9 whtch su6ject property is s1tuated, 10 HIB-BS Thank you Pat 11 FRANKOyIC The appl l cation before the Board of Adj ustment today is an appeal of 12 a denlal of yariance VE-36-84 The appllcant is James Olinger and he is also the 13 appel l ant of the dental of that vartance The ori glnal request before the Zoni ng 14 AdjustQr was to allow at vdrtance from Section 4 11 094 (e2) of the Spokane County 15 Zont'ng prdl.naince tQ allow for a one foot, for a one foot side yard setback in the 16 Restrtcted Industrtail zone Ahh., the Restrlcted Industrial zone requires a 17 ftiye fQQt set back for each bu11 d1ng story ahhh the proposed mini-warehouse 18 and stol^age hullding wh.lch. was proposed to be developed under files, under zoning 19 ftles- ZE-24-84 and ZE-128A--80 Umm a little bit of a project description 20 Wh.ere we'ye come in the last couple of months The project was originally sub- 21 m1tted as a cejobtned zpne chAnge 1rec1 asslfication, a change of condi tions and a 2-2 vartance request at cl cojobtned hearing before the Spokane County Hearing Examiner 23 CQjmittee and the Spokane County Zontng Adjustor The rezone which was from 24 Res1denttcll Manufdctured Hene to Restri cted Industrial was approved by the Hear- 25 1r g ExAm1''ner Comm1 ttee. Th,e ch an ge of cQn d1 tions , the part th at woul d al 1 ow an 26 administrative revtew pf future site pl ans within the Restricted Industrial zone 2? was dented 6y the Hearing Examiner Committee However, as a result of that 28 hearing, ahh . a stte pl an with modi fi cations for a mini-warehouse bui 1 ding was 29 approved The varlance request, ahh requesting the one foot side yard set 30 b-ack. wals dented by the ZQning Adjustor by written Findings and Order dated May 31 17, 19B4. On May 25, 1484 the applicant, James Olinger, appealed the Zoning 32 Ad,justor's denial of t[iis varlance request The requested variance was proposed -2- 1 SPOKANE COUNTY BOAR.D QF ADJUSTMENT HEARING, JUNE 209 1984 FILE # VE-36-849 2 JIM OLINGER 3 4 FRANKOVIC to allow an existing concrete block fence is located one foot from 5 the side property 1ine ahh . to be used as a structural wal 1 for the proposed 6 m1nt-warehouse facil1ty Testimony at that publ ic hearing indicated that there 7 was. a Npvetrber 15, 1976 declsion by the Board of Ac~justrrent of Spokane County 8 wlitch speclf1cally prohlbtted the block fence from being used as a structural wall 9wi th,Qut approval of the Zoning Adjustor or Board of Adj ustment through a publ i c 10 heor1ng We need tp step back a 1lttle bit and look at where we've come with this 11 appl icatton Ahh.. 1t`$ an appl ication or project that's been in the works since 12 opproxlypdtely 1972. Ahh this, you rece1 ved an awful 1 ot of informati on ahh 13 hackground in formatlon on thls entt re project Ahh just for the record I woul d 14 1rke tQ 1ridicate that the Staff report which was prepared for the Hearing Examiner 15 CQmmlttee and the ZQntng Ad,justor dated May lst, 1984 was part of that packet, 16 ahb.. t that pretty mucti expl atns the project that was under consi deration There 17 are other auppQrting docurrents ahh. . that were mailed out to you the appeal 18 form of the appltcant, ahh, a decision by the Board of Adjustment from November 19 1476t ahh.t,, and otker yartous letters In 1972 there was a conditional use permii: 20 apProYed fpr the mIxi 1 e hqjm park by th.e Zoning Adj usto r One of the condi ti ons 21 o f tLAt opproval tn 1472 was t6.at the appl 1 cant was to construct a 6' si ght- 2 2 ohscurlriy fence around the north and east property line of his project Condition!' 23 also requlred that it he Qf a single material fence, ahh speclfically wood 24 With the approval Qf that conditional use permit, ahh the zone change which was 25 a prevlpus actton... the zone change to al 1 ow Residenti al Manufactured Horre was 26 f1ral tzed w1th tKe atpp roval Qf the con dition al use pe rmi t Ahh th at ` s the way 2? tftot things were dQne back 1n 1972 In 1976 the appl icant appealed to the Board 28 of Adjustment, the condit1on requtring a single material fence along the 29 north prpperty linet He ptroposed to instead of a wood fence to construct a 30 decorati ve block concrete fence (inaudible) a portion of that north property 1 ine 31 wtth the porttons further to the east and to the west of that block fence to be 32 chaln 1 ink stglit obscuring fence The Board of Ac~j ustment in 1976 approved that - 3- ~ SPOKANE COUNTY BOARD 0F ADJUSTMENT HEARING, JUNE 209 1984 FILE # VE-36-849 2 JIM OLINGER 3 4 FRANKOVIC that request by the appl i cant and ahh in the minutes that were 5 and the decision sent out in the packet to the Board recaps that application I'd 6 like to polnt out two of the condttions from those Findings and Order dated 7 Novembe r 3, 1976. It s ays that ahh the board reve rses the decision of the g Zontng Adjustor and applroved of a sectton of decorative concrete fence subject to 9 tfie followrng condittons Number 1 That the decorative concrete block fence 10 sh.al 1 be 11mited to al l the po rtion of the no rthe rn p rope rty 1ine of the mobi 1 e 11 hQme Park. That the remalnder, I'm talking about the piece of property lying 12 Ctinauditzlel chain ltnk fence and both of those fences were to be sight obscuring 13 COnd1ti'pn.#2 1s probably the important one for what we're considering today It 14 says thAt the decoratiye concrete block fence shall not be used as a common wall 15 to a prqposed storage bu11 ding nor shal l any storage bui1 ding be provided without 16 priQr reyiew And apprQVal qf such amendments to the site plany by the Zoning 17 adjustQ r at ei regul arly schedul ed pub1 ic hearing In 1980, ahh the appl i cant 18 494in cdm tn for a 1 and use act1on It was a proposed rezone to the western 19 porttQn uf th.e property tp rezone the property to Restricted Industrial and that 20 was hefQre the Hearlng Examtner Commi.ttee There was no si te pl an submi tted 21 Tfie Ne4ptny Exapiner Cpmmittee approved the rezone to Restrlcted Industrial and 2 2 af1h.., requtred that all future site plans be reviewed by the Hearing Examiner 23 Cpmmlttee Alsp a condition out of that rezone was that the chain 1 ink si ght Zy. QtLScurtng fence he cont1nued Qn to the west out to Park Road In 1983 the appl i- 25 cant applied for a change of condltlons to the Hearing Examiner Committee in an 26 appeal ta the Board of County Commissioners on that Restricted Industrial zone 27 He atsked to have the fence conditlon removed so that he woul d not have to con- 28 str►uct the fence. Both the Board, the Boaod of County Commissioners and the Hear- 29 tng Exa,miner Committee denied that request to delete the fence requi rerrent and 30 ordered th.at the fence be lnstalled and that fence is now installed In May of 31 1484 tb.e appl icant plroposed a rezone from Residential Manufactured Home to 32 Restrlcted Industrlal fQr 25,500 square feet site which is where the min-warehouse 4- 1 SPOKANE COUNTY BOARD OF ADJUSTMENT HEARING, JUNE 209 1984 FILE # VE-36-849 2 JIM OLINGER 3 4 FRANKOVIC will ae, ls proposed to be located That as I said before was 5 approyed by the Hearing Exam1ner Committee at that hearing A change of condition,; 6 was applted for ah.h on the Restricted InduStrlal property which was rezoned in 7 1480- asking thatt all futlire slte plans be reViewed admintstratively That was $ denied. Hpwever the slte pl an for the new warehouse facil ity wi th modi ficati ons 9was aipproqed Then of course, the vari ance which we're hearing today was denied, 10 waa denied fty the Zoning Adjustor Zn May of 1984 There is one last thing we 11 nee d tQ add to the hl s to ry o fwhe re we' ve been, an d how we' ve gotten to whe re we 12 alre tQday ls th.at du ri ng that t1me, 1472 to 1984 the re h ave been various compl ai nts 13 from the ne1ghbors concerntng the property, th1s property There has been several 14 lnvestl~gdtlons by the county, ahii most of whi ch have resul ted i n ahh com- 15 pliance, forced cQmpliance wtth cond1tlons that were attached with the various 16 1 an d use act1ons eYe1r thts 12 ye ars Coul d we have the 1ights? We' re 1 ooki n g at 17 a yic1,n#ymap Af wftere the property 1s located This ts a slide, and most of the 18 s 1 t des, we m the anes tKat we re us e d be f o re the He a ri n g Exami ne r Committee fo r the 19 zone ch.ange and tfie varlance Ahh. some of the numbers don`t apply Your main 20 concern wqul d be YE,36-84, which is not al l this piece of property you can see 21 outl ined on the s1 ide , However, a smal 1 po rtion of it ahh p rimari1y this map cz and over tp (inaud1ble) 23 Nx6BS. l'm afraid yQur not on the microphone 24 FRANKQyIC Can we turn thls thing up? It's picking up 25 HI6BS. Okay 26 FRANKOVIC (Inaudtble) 27 HIBBS (Inaud1ble) your running on two systems I wasn't hearing it over 28 Okay 29 FRANKOYxC yery sensitlve recorders 3o NIBBS Conttnue 31 FRqNKOVIC Okay The property is then for the variancr this piece right here 32 LQCated ln the Spokane yalley, its ahh . east of Park Road Park Road runs -5- ~ SPOKANE COUNTY BOARD OF ADJUSTMENT HEARING, JUNE 209 1984 FILE # VE-36-84, 2 JIM OLINGER 3 4 FRANKOVIC north and south, Broadway Avenue and Interstate 90 Ahh this is 5 E11 a Road The mabll ekome park is i n thi s area The p roperty that we' re 1 ook- 6ing at outl tned is now ail l zoned Restricted Industrial However, as I sai d the 7 variance was just tk'1s he1^e, 1r1ght through here The Comprehensive P1an map of g tfie area, tE~i's 1s Park RQad, nqrth and sputh, Broadway Avenue and Interstate 90 9 Th.e s1~te again ts iocated east of Park Road, general ly in this vi cinity The 10 property is within the Industrtal Category of the Comprehensi ve P1 an which was 11 adqpted tn 19-81, The CQmprehensiye Plan contains several goals and objectives 12 aind dects1pn gutdel l''ne.s for publ lc, for publ ic bodies in making 1 and use 13 dect0ons, Most pf those gu1de11nes, ahh or s.ome of them refer to the, to the 14 compatlbll lty in, and lncompatlbi1ity between industr1 al uses and residential 15 uses, recQgning that there are residential uses that conttnue to exist in the 16 Industrtal Categpry That lndustri al development or industrlal rezones that come 17 a1Qng at a loter date stiolild mittgate their own impacts to the adjoining properties 18 Tb.alt ts they should prtylde 6ufferning, landscaping, some type of physical separa- 19 ttpn Qr transttlon a1^ea hetwceen themel yes and adjotning resi dential uses That's 2o the si,tuation to be fQund i~n tftls a1^ea at the present, We sti 11 have several 21 single fAmtly dwellings exlsting along the south side of Broadway here, within the 22 Tndustrial Cattegoryt Ahh.. howeyer, they are st111 zoned Agricul tural Suburban 23 and tfvey are being actlvely, used as single family residences 24 HIBEIS, Ok-ay, are we going to see a zoning map of the area? 25 FFqNKQyIC, Yes, we'll tailk a6out the zoning The property as we said (inaudible) 26 The zQning or tke CpnlprehensYVe P1 an woul d suggest that this proposal miti gate its 27 tippocts on the dd,7Qlril'ng properties. To point out that, that the Zoning Adjustor 28 And we t 11 tal k abput thts 1 ater, ahh noted that, i n one of hi s findi ngs , as one 29 of h-is mere detalled f1ndtngs. We're looking at a zoning map of the area, here is 3o Pa1^k Road, north and sQuth. Broadway Avenue and Interstate 90 The site is lo- 31 cated tn thi s araea Tke Res-l dential Manufactured Home zone you see here i s the 32 ex%sting mobile home park The Restricted Industrial zone approved in 1980 and -6- 1 SPOKANE COUNTY BOARD OF qDJUSTMENT HEARING, JUNE 209 1984 FILE # VE-36-84 2 JIM OLINGER 3 4 FRANKQVIC (tnaudible) corre back far a couple of changes of conditions, one to 5 del ete the fence requi rement and one to al 1 ow for admi nistrative si te pl an review 6 That was dented Ahh the site, lts irt a portion of that old Restrlcted 7Iridustrl al zone f rom 1980 as wel 1 as the newly zoned Restricted Industri al si te 8 and the Resl.dentlal Nlanufactured Home aone 9 NIBBS Okay, and then above But then immedi ately to the north lo FRM KavI c To the nor^th, and we' 11 go into more detailed zoning map here, but 11 Zmmed14tely tQ the riorth and south slde of Broadway is the Agricul tural Suburban 12 zpne wkere there are extsting single famlly residences At the southwest corner 13 of E11a and Broadway, is a Restdential Office zone there's an existing office 14 AhQuse conyepted tQ a resldentlal office at that locatton This is the more 15 detAi 1ed zon1-ng map. On the far 1 eft hand si de of the si i de i s Park Road, Broad- 16 waY Ayenue through the center of the section The site, or the entire ownership 17 1s tfii'si plp-ce of property, The Res1dential Manufactured Horre zone where the 18mht1 e hgme park is, t[Li s area, the 1480 rezone to Restricted Industrial, thi s 19 area ond outllned Zn red, ahh is a portion, outl1ned in red is the site that 20 was rezQned in N1v of 1484 to Restricted Industrial by the Hearing Examiner 21 Comlttee, The mtnlrmarehouse faci1ity woul d occupy that stri p as wel 1 as a 2-2 portl''pn of tFe 1980. rezone area, lrlght here The existing decorative block fence 23 runs the entlre lengtk of this rezone, from this corner to clear out to this jog, 24 athb.. , t, 25 HIBB$ Solrle seve 1^al hun dred feet 1 ri 1 en gth then 26 FRANKQYIC. It ls 458 feet 1ong, yes it does, it extends that whole length from 27 tfie edge Qf the 1^ed 1 lne to thls jog here Four hundred and fi fty-ei ght feet 1 ong a Zg And that fe.nce extsts, that fence is proposed to be used as a structural wall one 29 foot away f rnm the prope rty 1ine To the north you can see the smal l divisions of 3p larid, the existing subdlvisions zoned Agricultwral Suburban, that is where the 31 e.xtst1'`ng single fa4mily homes are, on the south side of Broadway The Residential 32 Qffice zone 1s in thls corner rlyht here Do you have any questions about the - 7- i 1 SPOKANE COUNTY BOARD OF ADJUSTMENT HEARING, JUNE 209 1984 FILE # VE-36-849 2 JIM OLINGER 3 4 FRANKOVIC zoning map? 5 HIBBS I have none. Does the Board have any? 6 FRMKOyIC We do not h.ave an aertal of this so we' 11 move on to the pl ot pl an ? subm1tted to the Zoning Ac~justor and the Hearing Examiner Committee You may g h.aye recelyed A copy Qf this, I belei ye the copy you recei ved was of thi s area 9here 0'naud141e) that ts under consideration To orient you to the map, out at 10 the fatr left h.and side of the sl ide ts Park Road, Broadway is here in this area, 11 ttie nqrtheast stde, straight up on the sl 1de Zs north El1 a Road Zs off to the 12 r~glit hand side of the s-llde This 1s the Residential Manufactured Home zone and 13 the ex1sttng wbile Kvme park, What you see outlined tn dark black is the pro- 14 posed 1^ezone whi"ck was approved in May. And then this area over here was the 15 1980 Restricted Industrtal rezone The building that is proposed (inaudible) in 16 the 1484 Restricted Industrial zone and the 1980 Restricted Industri al zone The 17 fence, aS I said, extends f1^om this jog clear to the end of the Restricted 18 Industrtal zorie or just shQrt of tt 19 N.IBBS. Qk.ay, that wpul d make them, the buil dtng ahh in round figures about 20 450 feet, a ltttle less tn length .21 FRAIVK4V IC. The 1 ength, the 1 ength o f the wal 1, f rom thi s poi nt The wal 1 ex- e-2 tends from tfils jpg to thls polnt rtght here, the dlmension indicated is 458 feet 23 HIBBS Wh1cti ts the entt rety of the, of the bui 1 di ng then 24 FRANKQyI C, (Inaudtble) 25 HIBB$ pkay. 26 FRANKOVIC The existing fence is set one foot south of the appl i cants north 27 property line. And of course, the property line of the adjoining residents is 28 located along here To either side of thts decorative block fence, tothe east and: 29 wes,t now exists a chdln l lnk sight obscuring fence The outl ine of the bui 1 ding 30 1s what ts shaded on., the butl ding 1s 40 feet wide in this area and extends out 31 to 5Q feet wlde ln thts area, containing approximately 19,620 square feet on the 32 one f1QOr atnd tts proposed as a two-story butl ding The proposed buil ding woul d -8- ~ ~ 1 SPOKANE COUNTY BOARD OF ADJUSTMENT HEARING, JUNE 209 1984 FILE # VE-36-849 2 JIM OLTNGER 3 4 FRANKOVIC be used for storage space and a mini-warehouse facillty woul d be 5 open to the moblle bome park resldents It would be forethe personal use of the 6 applicant, his ma1ntenance equipment and other equiprrent that he has And, it 7 woul d be open to the general publ ic General 1y, the eastern portion of the g buil ding woul d be for hts personal use and the use of the mobile home park 9 res1dents The western portlori of the bui1 ding woul d be used for the general 10 pu611c, the mtnl-wa1^ehouse storage The Hearing Examiner Committee as I said, 11 approyed the zone change and in so approving, approved the site plan But they 12 forced some modiftcations of the site pl an They fel t that ahh 1 andscapi ng 13 s6.ou1 db.e provlded along the north property 1ine Currently between the north 14 property 11ne there, and thls wall, the fence there, is only one foot The 15 requirement by the Hearirig Examiner Committee was for tall, mature growth land- 16 scaping A concern at the hearing was that the one foot was not a wide enough 17 space to Acconwdaite that landscaptng Also, the requi red ahh as a condition 18 0f approval that the cqnstlruction of the building meet all requirerrents of the 19 Reitrlcted Industri al zone lncl udtng the setback requl rements For this bui1 ding 20 it wQUI d be 1 Q feet So the Hear1 n g Examine r Committee has i n a sense fo rced a 21 modification of the building to be pylled 10 feet away from that north property 2 2 1 Ine. Th.1s i"s ahh, . an eleyatlon pl an submttted by the appl icant for the zone 23 change and the vari ance He submitted two, two different styles of bui1 dings 24 that he would propose to build He would pick one of them and construct it 25 They look different The top one is a parapet roof shape, ahh the bottom one 26 is the gable roof shape Basically, the height of both buildings are the same 2? Ah.h . to the h.l gh poin t of the parapet bui 1 di n g woul d be 21 5 feet Th at i s 28 measured ahh from the back of the resi denti al property whi ch borders Broadway 29 Tke same dlstance umm 21 5 feet to the roof peak as rreasured from the grade 30 elevatian to the resi dential uses on the north On the appl i cants side of the 31 huilding, which are these areas, the distance from his grade elevation and we'll 32 tal k aaout hi s grade el evati ons here i n a bi t wi th some othe r sl i des , th at -9- 1 SPOKANE COUNTY BOARD OF ADJUSTMENT HEARING, JUNE 209 1984 FILf # VE-36-855 2 JIM OLINGER 3 4 FRANKOVIC distance from his grade to the peak of the roof woul d be 27 5 approxtmately 27.5 feet. It is a two story buil ding arid required by the Zoning 6 Ordinance to have a 1Q foot setback These s1de elevations can be a little ? deceivtng, He is showing berming along the end of the bui 1 ding ahh what we 8 really have out tbere, this is this is residential property and this is 9 thelr g1^dde Howevelr, there is a retaining wall that comes down here, that's 10 what this is, and would extend over He is just showing a berm along the edges 11 of the b-u11d1ng. These are some slldes presented with this application by the 12 sponol^. Ahh . thts ls looktng to the northeast from, from the Restricted 13 ~ndustt^lal zpne stte that was approved in May Looking at what exists out there 14 naw. You can see that 1 t has been excavated This i s his p rope rty The 15 resi dentlal residences are to the north of this fence You can see the sight 16 ohacul^1ng fence, cha1n llnk fence off to the east This is the decorative block 17 wall which was bullt after the 1976 publ ic hearing before the Board of Acjustment, 18 WFiatt h,.appened between 19J6 and today Zs that the appl i cant went in and graded 19 and excavated out hi1s slte and constructed a 5 foot to 6 foot retaining wall 20 Th-At 1s. wkxat you see helre The grade el evatton of the adjoining residenti al 21 uses are appr^oitmately thls ared And then on top of that woul d be the 6 foot 22 decorAtlwe block fence, Wat he proposes is to construct this enti re area as a 23 from h.ls.. , medsured from his s1de of the property 27.5 feet is a mini-warehouse. 24 hull ding, What 1t woul d do to thts decorati ve block fence woul d be ahh we 25 now h.AYe a 5 fqot to 6 foot retalning wall, a 6 foot decorative block fence, he 26 would propose tp add another 15 1/2 feet to the top of that decorative block 27 fence whlch woul d be the distance to the hi ghest point of the roof On the 28 pdrdpet b-u11d1ng that distance, that 15 1/2 additional feet (inaudible) 21 1/2 29 feet woul dbe near the realr of the property 1 ine of the residenti al uses And 30 th.At wQul dstretch for the entire 458 feet of the bui 1 ding and along the property 31 111"ne. LoQking at anQther vlew, a 11ttle further back, you can see some of the 32 re.stdential uses just a6QVe the fence Ahh the retaining wall,, the existing -10- • ' ~ SPOKANE COUNTY BOARD OF ADJUSTMENT HEARING, JUNE 209 1984 FILE # VE-36-849 2 JIM OLINGER 3 4 FRANKOVIC fence and then another 15 1/2 feet on top of that The nei ghbor- 5 h.ood concerns, I th1nk we need to tal k about that, that were brought up at the 6 Heartng Examiner Committee and the Zoning Adjustor, I'm sure they will be 7 irradi ated here today, but ahh does have a baeari ng on the fi ndi ngs that were 8 made by both bodies Just very briefly the neighborhood concerns were loss of g garden potentt al al ong the back of the prope rty, 1 oss of sunl ight, i mpact on ai r 10 movement created by the addition, the additional 15 feet on top of the 6 foot 11 fence, s.now and raln run-off, that there was not adequate area within that one 12 foot sethack tkat exis:ts to accorrenodate runoff from the roof, that it woul d be 13 an 1nf ringejmnt on the rlghts of the ne1 ghors and the property use of the propert_Y 14 They 1'nd1cated that they felt that the proposal cannot comply with variance 15 cri~ter1a, And thalt a prescedent was established in 1976 by the Board of Adjust- 16 ment when they prohtblted this fence from being used as a structural wall Here 17 i scinpther vlew Aga1n, thas is approximately at the middl e of the wal l showing 18 ttie at^ea wh-lch would be the floor of the mini-warehouse building and the 19 adjointng l^e.s1dential lisies, Qn the north i'd like to go just briefly through the 20 He arIn g Exami ne r CQmmi ttees Fin d1 n gs an d 0 rde r i an d the th ree majo r ones th at 21 they cited. Tkat wpul d be 1n theZ 1^ Findings and Order sheet, page 2 It woul d 22 bue Findings and Order, 01^ Flnd1ng of Fact #11 a, b, and c In 11 a the Hearing 23 Exantner CQjqmlttee is natlng that they are approv1ng the requested rezone to 24 Restrtcted Industrtal and they're saying that the sponsor, the reason they're 25 requiring Zt, ar approving it 1s that the sponsor will be required to comply 26 w1th all conditlons whicK were attached 27 28 29 30 31 32 (64) 7 Gr d eAZ&x-icL, YtA, ' G.~ ~Q1CEt/x CeC Zj ~pc ~ 1 da, Lb-t1,~~ vw c~ ~ -~is ,C. ` . ,OF 4k ~ xJ INO ~ ~ ~ svn rrr► ~ at, dA~.vs~- &A . .v ci~ ow.,tj "qd'e, ovr 40o ~ 4AJjjQ,o f-f&?Xvly' ~ Al ~ - - l~ f4~006- ~ -rn~ ~ ~ . U.vuco / cm3 ao aUw~L~ ~ /I',~r~ : ` ~~g~ • i~~l'l~ ~ r'~,~- . ~Z S, ~ si 7~ y;.A . ~ ~ .~aL . . W? - , ~ ; , ~~cox,i~~x - tA ( ~ ~ ,`~'~e~,n~. ~ ~FG 013OLOUA4 ~ Z oa-~i►c~'-~ c~1~- , ~ 4Q~ AIP oov~ ~ , - 2 S ,~,d~ LA)oUjj 61 ~a,~ &U u~ b 0 r ~ y~,o~Z. • ° 2I. 6 ic.d.A C . 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Z. ~ 500 . ~ ',s. • R ~„1 ~ . _ • ~ i ' . ~ NOTICE OF PUBLIC HEARING SPOKANE COUNTY BOARD OF ADJUSTMENT APPEAL HEARING IN.THE MATTER OF : HEARING DATE: Appl icant: James Ol inger ) WEDNESDAY, JUNE 209 1984 9:00 A.M. N. 4912 Sipple Rd. ) Spokane, WA 99212 ) N. 721 Jefferson St., Broadway Centre Bl d ) 2nd floor, Conference Room Appe11 ant: Same ) Spokane, WA 99260 ) File No.: VE-36-84 ) Any interested person may appear before ) the Board of Adjustment Cenerally located east of adjacent Park) Road, approx. 450 feet west of El 1 a Rd. . and approx. 130 feet south of Broadway ) ADDITIONAL I«FORMATION: Contact the Avenue in Section 18-25-44. ) Spokane County Planning Department at ) 456-2205. Request: To allow a variance ) from Section 4.11.090 (e-2) of the Spokane County Zoning Ordinance to ) al low for a 1 foot si de yard setback ) in the Restri cted Industri al Zone, ) whe reas a 5 foot setback fo r each ) buil ding story is currently requi red. ) The vari ance woul d apply only to the ) proposed mini-warehouse and storage ) bui 1 di ng p roposed to be devel oped ) under files ZE-29-84 and ZE-128A-80. ) . ~ Zone: Restricted Industrial ) ~ \ PROJECT DESCRIPTIOiJ r ~ . Thi s pro ject was ori gi nal 1y submi tted as a combi ned zone change reci assi fi cati on , change . of conditions, and variance request at a combined hearing of the Zone Hearing Examiner Committee and the Zoning Adjustor. The rezone from Residential Manufactured Nome to Restricted Industrial was approved by the Hearing Examiner Com~nit~tee. The change of conditions tv allow administrative review of site plans in an Visting Restricted Industrial zone, was denied by the Hearing Examiner Committee. The variance request, to allow for a one foot side yard setback in the Restricted Industrial zone for a hlini- Warehouse Facility, was denied by the Zoning Adjustor. Findings, Conclusions and Decision of the Zoning Adjustor, dated May 17, 1984, denying the variance are contained in the Va ri ance Fi le VE-36-84. On May 25, 1984 the appl i cant, James O1 i nger, appeal ed the • Zoning Acjustor's deni al of hi s vari ance request. Reasons ci ted for the appeal are al so contained in File VE-36-84. The requested variance was proposed to allow an existing concrete block fence, located one foot from the side property line, to be used as a structural wall for a proposed Mini- - Warehouse Faci 1 i ty. Testi mony reveal ed that a November 15, 1976 deci si on by the Board of Adj ustment speci fi cal ly prohi bi ted the bl ock fence f rom bei ng used as a structural wal 1 " without approval by the Zoning Adjustor through a public hearing. - --fiS~C~'1 ~ ~ ~ ~ . L~ - M-• ~ ~ ~ E L • t. , ~ A. ~ ~s~,. 4 .r~'.~ , , . ~ . . . • . . • . O .~,r...., ' tD J•t. ~ ~►V ~ AT~' • . . I . • , ~1 , •t`..~" `ON z., Y ' , • ; a. a W 1- , ~ aLA' C,J•' N 4 . ~ ~ / 1 ~ u1 tt~ ~ °X • ~ ~ • ~ , . ; 1 ♦ A P'j~.~fi i i ~ . .CL ~ ~,Karl2 0 4 ue .~j P. • - ~-~c~s " o•o v s. „ ~ ~ 00~ ,a Q•+ s~rvo ~~pw~rr3 or, a R ~d d ~ " ~ • • ' ' ~1 ~ 1 ~ , ~ . f. - . , ' , ' _ • , . - • ~ ~ 4 AV ~ . ~ PR~(,~U'C' i 9 8' cc ` ~ [ y t~ i ` I3.. EC(gecl,ff ~ ~or/ u J~' G~ • ,jOt?Q rn t,J ~ . ~ Ta C 1:1000 c • . , v+ 7 H ~ i ~ ~ ; v ~ y ' • ~ \ . . ~+M . J • . . A ~J,~ ' T ' ` r r. .1 ~Y ~ r r ~ c . . ~ ' I ~ ~ ~ Z03v tldG ADjUST4R MINUrTE3 Hearing: October 2, 1972 PONDiTIONAL USE PERMIT CTJE-1.15-72, Trailer Cour'c Zoninq Adjustor Decision: Approved, subject to the following conditions: Ao CONDTTIONS: 11 The trailer cowrt shall be dQVeZoped in substantfal conforrnance to the approved plot plan on file with this application, including the notad mvisions of trailer sizes and placements. ' 29 Sevonty percent (7 096) of each trailer stall areta shall be left in open spaca. 3. The mini:mum spacing of trailers std@ by side shall be nQt less than 20 feet; ' end to end shall not ba less than 14 feet. , ' 4. No trailer shall bo loca2ed closer than 25 feet from any existing public ri9ht- of-way and not le, s s than 10 feet from any property liae. 51 Each access road shall connect vJith a street or highway; and have a minimum width of nat less than 25 feot and shall be well marked in daytiine and L adoquately lighted at nighti 6. All aseas used for access and egr$ss, park3.ng and circulatfon, shall be paved in a manner and standards prescribed by Spokane Couaty. An apgropriar.e paving schedule shali he submitted to the Pianning Commission. The pavlnQ of. designar.ed areas to be occupied shail be accomplished within ane year's tiaae,, 7, A11 areas other than access and egress, parking and oirculationo and 'service buildings shall be completely and pernaanently landscaped in accordence with the appcoved Iandscape plan oa file with thie application. 80 No pottion of the cowct area shall be occupied unless the necessary innptoveasent, and in particular, the fencing is first constructed. The foncing of the north and east property lines shall ba of a 6 foot solid type fence (board on board) vr grapestake fencing. Board on boardQ grapasrake, or chain 13nk type fdncing may be used on other areas as designated on the approved plano 90 Thc3 rcgulations of the trailor couu-t shall bs submitted to the Planning ' Commission for approval. In particular, times of operation for the swimming ~ pool and recreation areas should be designated. i 100 Surtacod and lighted wall;ways shall be provfded to all recreetion and service buildings, . ~ i ~ t ~ J:trt UE-115-72 , Traflt~r r • C 11 a Thc, sewage disposj.iI facilitios shall be appruvad by tha Spokane County Floalfih D:strict„ 12o Prcvisiot-is s'iiail be rrzad& fax• i~ycrants !n acctudance; wiYh the r6quiremants of the Vaxley Fird Mars hall. 13. The intoriar raadways shall be graded ta contain stom water occu.r the siYeo Gatch basins and dryvq&lls may be requirad (to tha standards of tha County Engineer) if ponding occurs o B. OBJECTORS OF RECORD: None C , GENER.AL DATA; ~ o I.ocation: Secfcian I8 o Township 25, Ranqe 44, Eo W. M o RGginning 150 ft. S and 125.7 ft. W of ths IVE corn3r of Govt. Lot 3 in SecLo 18; thence S 526.5 ft.; thence W 825 ftej thence N 163.78 fta, thenca W 488 ft. more ar lesa to tha E Ifne of Park Rd.; thence N to a point 307 fte S of the N lina of said Govt. Lat 3; thence E 180 ft.; thancr.~ N 165 ft. ; the i-ice E 120 ft. ; thEnce S 8 ft. ; thenco E to the P08 o Parcel Noo : 18543-9059 & --9052 2. Applfcant: jahrt D. Fry 5527 N. Campbeli Road . Otis 4rchards o Washindtan 3. Sita Stze: Appraximai:oly lI acres 4. ExSsfing Zoning: Agricultural Subiuban (Upon approval of the Zoninq Adjustoor, these parcels will be zoned R3; ldential Mobilo Home). 50 P6rmit REquostad: To allow a 66 unit traller court 6, Application of Zoning Provssion: Chapter 4. OSA, Section 4 05Ab 090 (b) c;xARLEs io HUGG-INS f/~ - - 2oning Ad j ustor ~ " • , / ' . , M7NliTZ-IS ~ November 3, 1976 ' , • , y • . 1 , BOkRD OF ADJUSTMENT OF SPOKANE COUNTY FINDINGS AND ORDER REGARDING A REVIEW OF ADMINISTR.ATIVE ACTION OF ~ THE SPOKANE COUNTY ZONING ADjUSTOR IN INTERPRETING CERTAIN CON- DITIONS SET FORTH IN CONDITIONAL USE PERMIT CUE-115-72. • vVHEREAS, Application has been presented to the Zoning Adjustor of . , Spokane County, Washington, by Mr. Jim Olinger, - ~ and, W HEREAS, the Zoning Adj ustor approved a Conditional Use Permit . CUE-115-72 on October 2, 1972, to allow a 66 Unit trailer court, and, WHEREAS, the applicant is desirous of providing a variety of fencing ' around the perimeters of the property and ammending condition #8 of the . approved landscape and development plan to allow 12 months to complete • landscaping , ~ and, . . • , WHEREAS, the Zoning Adjustor interpreted condition Number 8 of ~ CUE-115 -72, relative to fencing .to pre clude the de sire s of the applic ant ~ . and, . , ' • WHEREAS, the applicant appealed such decision of the Zoning Adjustor . , and, VVHEREAS, the Board of Adjustment did hold a public heanng on the 14th . t day of July , 1976, to consider-•the decision of the Zoning Adjustor, • and, . WHEREAS,' the Boand of Adjustment did review testimony and conditions ~ • previously set forth and did r,ereby find that: ► ~ (a) the adjacent. neighbors did not object to varying the fencing along ~ the ir prope rty, • ~ , ~ . (b) that the issue of varying the fence was one of aesthetic,and ~ . . , ' '(c) a six (6) month period of time to complete landscaping was un- , . reasonable in that the local climate has four district seasons, , . some of which preclude landscaping. ; . ~ NOW, THEREFORE, be it formally resolved that the ~oard reversed the ' ~ decision of the Zoning Adjustor and approved of a section of decorative con- , crete fencing subject to the following conditions: . , 1. The decorative concrete block fence shall be limited to all or a .portion of the Northerly property line of the mobile homepark, %vii_ ~ ' the remainder of chainlink type. Both shall be site obscuring an~. ' shall not. be used intermittently, ~ . . , . • . . . . , . . . .-;r: . . , . . . , . . . . , . s ~ . . . . . . . . . . . . . . . . ~ / , - ~ • t ~ BOARD OF ADJUSTMENT OF SPOKANE • • COUNTY, `IVASHINGTON . . . . 1 ;R.•~~H' .r~~V ~ ~ , . 2 The decorative concrete block fence shall not be used as a common,-:. 14 se ra e u~ ding nor s any storage building • e provi ed without prior review an approval of such ammendments ~ to the site plan by the Zoning Adjustor at a regularly scheduled ~ ~s~' public he aring . f ~ ' , ► _ j►; ~ 3. The park shall be developed pursuant to the remaining conditions set forth and signed by all applicable parties dated 2nd Apri1,1976, •k~: j. ; : . except that condition number 6 shall be ammended -to require 30 . . lamp posts per plot and landscape plan vf record and number 8 shall ;i.;~.~ ~ , allow 12 months to complete landscaping of the park after issuance of the first occupancy permit. =r • • ~ ♦.1'T _ • . . SIGNED This 15th day of November, 19760 . . . ~ . ~ ~ ~ . . , ~ . ~ . HENRY L. P ~IRONE, Chairman : . . .r'. ' . ,f t ~ T~•. . . r'~ . • .r, . CT GROESBECK, Vice "Cha.irman ~ ' y. ' ii•~ . LA.RRY F. KR.AU PE, Member _ Y-e . . • July 14, 1976 ~ ~ Decision. f • .~~~,~'~,,~w~• Minute s Typed: November 3, 1976 i , ' - .1 . , . , w,,, ~ • ~ t:. ~ r ' ' ' . • ~ . . ~r`.~ • .~~~s:~ • • . . , ~ wp . '~I • • • ~ .~c~,~-~ • ' ..t: . . ~:i~~ . . " ' . , a • " , • ~ ~4 ~ ~ ~ .r • _ . • - ~ . ~Y • ~ N • • Y ~ / , . ~l!~ ~ ~ iZ.'~ . C" _ ~ ~ • ' ~ g ~ ~ ~~~t. . ' r F : • . . .r'!*„Ar~ly..~~ .r, y 1 Y: ~ '!"V . . • ' ,f ' I' t{;, ~ „4.-Y~~ ' • ' n - r?'.' , . ~ ~ Z.~~~M"~N~~ .:r ~ ~~Z j.r. ~ c~.-• • • ~ ,~f ~ a~~~ "rF ~,~'X. ~ 4r`• A : d~•'"~_ , ~ . ~ f ~~1 "t- i\ _ • ~ . . ZONE RECLASSIFICATION NO.: ZE- 29-84 ZO[JE CHANGE CONDITION NO.: ZE-148A-$0 VARIANCE NO.: VE- 36-84 SPOKANE COUNTY HEARING EXAMINER COMMITTEE FINDINGS AND ORDER A. INTRODUCTION This matter having come before the Zoning Hearing Examiner Committee on May 14, 1984 (continued from May 1, 1984), and the members of the Committee present being Kathleen M. Carstens, Chairperson; Kenneth Kennedy, and Jane E. Mye rs . B. PROPOSAL The sponsor, J. D. Olinger, is requesting approval of a change of conditions, ZE-148-80, Restricted Industrial 7.one; and a zone reclassification, File No. ZE-29-84, Residential Manufactured Home to Restricted Industrial, for the purpose of developing a Mini-Warehouse and Storage Facility and a Change of Condition to allow for administrative building site plan reviews for future development; as well as a Variance, VE-36-84, to allow a 1-foot side yard setback in the Restricted Industrial Zone, whereas a 5-footi setback for each story of a building is currently required. (Applies only to mini-warehouse and storage building under this proposal.) C. FINDINGS OF FACT 1. That the existing land use in the area is residential, mining, and vacant. 2. That the Comprehensive Plan designates this area as appropriate for Industrial development. 3. That the existing zoning of the property described in the application is Restricted Industrial and Residential Manufactured Home. 4. That the provisions of RCW 43.21C (The State E nvironmental Policy Act) have been complied with, and the Committee concurs with the Declaration of Non-Signif icance. ` ~ ~ ~ f~• 70NE RECLASSIFICATION NO.: ZE- 29-84 ZONE CHANGE CONDITION NO.: ZE-148A-80 . VARIANCE NO.: VE- 36-84 C. FINDINGS OF FACT (continued) 5. That the proper legal requirements for advertisement of the Agenda Item have been fulf illed. 6. That the land in this area is suitable for the proposed use, or uses within the proposed Zone Classification. 7. That the applicant has demonstrated that conditions have substantially changed since the original zoning of this area and accordingly, the proposed rezone is justified. 8. That the proposed use is compatible with existing uses in the area. 9. That the owners of adjacent lands expressed both approval and disapproval of the proposed use. 10, The Iiearing Examiner Committee finds the proposed use to be in harmony with the general purpose and will not be otherwise detrimental to the public health, safety, and welf are. 11. The following are additional findings of fact considered by the Hearing Examiner Committee: a) The zone change request was granted approval, based on the fact _ that the sponsor will abide by all conditions attached as , outlined in the Staff Report to the Zoning Hearing Examiner , Committee dated May 1, 1984. , ~.k , . r~b) The Change of Conditions request was denied based on previous action by the Hearing Examiner Committee and Board of County Commissioners relating to the impact of the northerly boundary 5` of the proposal to the adjacent residential properties. c) The building height restriction relative to the decision of the Zoning Adjustor would necessitate consideration of the solar access and not infringe upon the neighboring residents. `L C ~ c- L ~ 2 13- i L . ~ ' ~ . . ZOHE RECLASSIFICATION NO.: ZE- 29-84 ZONE CHANGE CONDITION NO.: ZE-148A-80 . VARIANCE NO.: VE- 36-$4 y . . D. CONDITIONS OR CONTINGENCIES APPLIED TO THIS APPROVAL (All Conditions imposed by the Zoning Hearing Examiner Committee shall be binding on the "Applicant", which texm shall include the owner or owners of the property, heirs, assigns, and successors.) a) COUNTY PLANNING DEPARTMENT 40 1. That prior to release of occupancy permits, tall growing, mature trees be installed along the north property line of this reaone (ZE-29-84) application, as well as along the north property line of the Change of Conditions, ZE-148A-80. 2. That access to the mini-warehouse for the general public be from ' a paved driveway to Park Road. 3. That a free-standing identification sign be limited to the western portion of the site along Park Road. ' 4. The Zoning Administrator shall approve a specific exterior lighting plan for the approved area prior to installation of such lighting. (Such plan shall attempt to confine illumination to the area with full consideration to adjacent properties). . 5. A specific landscape plan, planting schedule and provisions for maintenance acceptable to the Spokane County Zoning Administrator shall be submitted with a performance bond for the project prior to release of building permits. 'J • 6. The applicant shall develop subject property generally in ~ accordance within the concept presented to the Hearing F.xaminer . Committee. Variations when approved by the Zoning Administrator '.rwill be pe nnitted, 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 development plans shall be maintained. 7. The specific development plan will be submitted for Planning Department review and approval prior to issuance of building permits. . \ I - 3 J ZONE RECLASSIFICATION NO.: ZE -29-84 ZONE CHANGE CONDITION NO.: ZE-148A-80 VARIANCE NO.: VE- 36-84 a) COUNTY PLANNING DEPARTMENT (continued) 8. All current standards of the Restricted Industrial Zone, as amended, shall be complied with in the development of this site. 9. 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 measures for Aquifer protection; specifically, measures dealing with wastewater disposal, spill protection measures, and stormwater runoff. 10. Applicant shall comply with '208' 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.0$0 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 ACTIDN is waived in accordance with Spokane County Commissioners' Resolution #82-0458 dated May 4, 1982, ` 13. A proposed declaraCion of non-significance (a preliminary decision, which may be reversed, that an envirorunental impact statement, an EIS, is not needed) has been administratively " issued. This insures the applicant of a timely processing of his/her proposal at the time of the public hearing. BUT, a major purpose of the public hearing is to afford the opportunity to present the decision makers with information as to whether or not a potentially SIGNIFICANT ADVERSE impact upon the physical environment will result from implementation of the proposal, thus resulting in the need for an EIS. However, all "extensions of time" and most "change of conditions" are exempt f rom the provisions of SEPA; check with the Planning Department staff if uncertainty exists. \ 4 _ ZONE RECLASSIFICATION NO.: ZE- 29-84 ZOKE CHANGE CONDITION N4.: ZE-148A-80 VARIANCE NO.: VE- 36-84 a) COUNTY PLANNING DEPARTMENT (continued) 14. That due to the uncertainty of the use or the materials stored on this site as it relates to the Aquifer Sensitive Area Overlay Zone, Chapter 4,16A of the Spokane County Zoning Ordinance, a • statement shall be filed of record with the Spokane County Auditor, shall run with the land and shall only be removed pursuant to written consent of Spokane County. Said statement shall be, "That prior to the issuance of building permit(s) or a Certif icate of Occupancy, whichever is applied for f irst, compliance with the appropriate provisions of Chapter 4.16A (Aquifer Sensitive Area Overlay Zone), of the Spokane County Zoning Ordinance shall be demonstrated". b) COUNTY ENGINEERING DEPARTMENT Prior To The Issuance Of A Buildin3 Permit: 1. Applicant shall dedicate 4 feet on Park Road for right-of-way prior to any use of the property. 2. Access permits for approaches to the County Road System shall be obtained f rom the Spokane County E ngineer. 3. Applicant shall improve Park Road in a manner consistent with Spokane County TYPICAL roadway section No. 1 minimum paving width Major Arterial Standard. 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 CounCy " Engineer and the Spokane County xealth District a detailed combined on-site sewage system plan and surface water disposal plan for the entire project prior to the issuance of any building permit on the property. 6. A parking plan and traffic 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 arrangeme nt 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 pro,ject which is to be occupied or traveled by vehicles. 5 . s ZONE RECLASSIFICATION NO.: ZE- 29-84 ZONE CHANGE CONDITION NO.: ZE-148A-80 VARIANCE NO.: VE- 36-84 b) COUNTY ENGINEERING DEPARTMENT (continued) 7. The word "applicant" shall include the owner or owners of the property, his heirs, assigns, and successors. 8. The construction of the road improvements stated herein shall be accomplished as approved by the Spokane County Engineer. 9. 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 E ngineer, 10. Roadway standards, typical road way sections and drainage plan requirements are found in Spokane Board of County Commissioners' Resolution No. $0-1592 as amended. 11. Applicant is requesting a Variance from Section 4,11.090-(E-2). This Variance, if granted, would permit the construction of the proposed mini-storage facility within one foot of the property line. Spokane County Drainage Standards require that stormwater runoff from impervious surfaces be retained and disposed of on-site. This will be required of the applicant at the time an application is made for a building permit for the proposed storage facility. 12. It should be noted that the roadway improvements specified for Park Road were also required for ZE-148A-80. A portion of that zone change is now affected by this action. 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. ~ 6 ` • ~ 1 ZONE RECLASSIFICATION NO.: ZE- 29-84 ZONE CHANGE CONDITION NO.: ZE-148A-80 VARIANCE NO.: VE- 36-84 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 sha11 not prohibit the Owner(s) or Successor(s) f rom 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 f or 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 disposai detailed plan sha11 be approved by the County E ngineer and the Health District prior to the issuance of any building permit for this projecC. 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. ws j't4 4. Water service must be coordinated through theDirector of Utilities, Spokane County. 5. Water service shall be by an existing public water supply when approved by the Regional E ngineer (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 surfaces is currently prohibited. ` 7 ~ . C~ . ZONE RECLASSIFICATION NO.: ZE- 29-84 ZONE CHANGE CONDITION NO.: ZE-148A-80 VARIANCE NO.: VE- 36-84 e) COUNTY BUILDING AND SAFETY DEPARTMENT 1. The site is located in Fire District # 1. 2. The proposed structure will require some revisions to provide the required fire flow for this structure. Having calculated the fire f low requirements based upon the presented plan a f ire flow of 8,900 g.p.m. is required for this complex,. It appears that four (4) hydrants will be required. 3. A water plan showing location, size, etc. will be required for approval. The hydrants shall be installed prior to the building pe rnit, and construction of the complex. Each hydrant shall be capable of flowing a minimum of 8,000 g.p.m, at 20 p.s.i. . residual when any two (2) hydrants are flowing simultaneously. These hydrants shall he placed so that no portion of the building exterior is more than 175 feet from the hydrant. Each building constructed sha11 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 and a mfnimum 45 feet outside) capable of supporting the imposed loads of fire apparatus and having a minimum of 13 feet, 6 inches of vertical cleaarances. 4. The development shall be provided with at least two points to the public street. The access locations shall be approximaCe opposite ends of the developrnent. 5. Approved numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible f roim the street or road f ronting the property. Said number shall contrast with their background. ' 6. Reclassification of an existing building shall require an application for change of occupancy perniit and subsequent inspection for approval. 7. Due to the sensitive storage requirements over the aquifer, and this site lies within the Waste Water Management area, we feel that some language should address the possible storage of flammable or critical material within these structures, 8. Trash enclosures shall not be located adjacent to combustible ~ construction or underneath windows or nonprotected eaves. 9. A land use permit will be required for each structure. 8 . .'4. . ~ ~ ZONE RECLASSIFICATION NO.: ZE- 29-84 ZONE CHANGE CONDITION NO.: ZE-148A'80 ~ VARIANCE NO.: VE- 36-84 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. Satisf actory arrangements have not been made to serve this proposal. E. ORDER The Hearing Examiner Gommittee, gursuant to the aforementioned, f inds that the application of J. D. Olinger, for a zone reclassification as described in the application should be APPROVED and the application for a change of conditions should be DENIED. Motion by: Myers Seconded by: Kennedy Vote: Unanimous to APPROVE to the RESTRICTED INDUSTRIAL ZONE ( 3 - 0 ) Unanimous to DENY the CHANGE OF CONDITIONS 3- 0) Myers - Aye Kennedy - Aye Carstens - Aye HEARING EXAMINER COMMITTEE HEREBY ATTEST TO THE ABOVE FINDINGS, ORDER, AND VOTE hairperson ~ ATTEST: For WALLIS D. HUBBARD Planni g Director . w By S EVE P. HOROBIOWSKI Zoning Administrator Date: 'T NOTE: See File VE-36-84, for Zoning Adjustor's decision for DENIAL of the ~ Variance request to allow a 1-f oot side yard setback in the Restricted Industrial Zone. 9 , . ZONE RECLASSIFICATION ZE-29-84 & ZE-148A-80 VARIANCE VE-36-84 F. ZONING ADJUSTOR FINDINGS . 1) That the proposal consists of the establishnent of a mini-storage faci 1 i ty wi thin the Restri cted Industri al Zone to be 1 ocated one (1) foot from the si de property 1 ine whereas the Spokane County Zoning Ordinance requi res a 10 foot setback for a two (2) story structure. The proposed structures are greater than 16 feet hi gh thus qual i fy as a two (2) story structure. 2) That the properties principally affected by the proposal iie to the north of the project. The properties are currently zoned Agri cul tural Suburban and are occupied by single family residences. Many of these •lepz residents appeared at the public hearing to object to the proposed variance. Their primary concerns were that the proposed structures located al ong the rear 1 ot 1 ine woul d block sunl i ght to the rear _ el yards, restrict air movement and diminish the enjoynent of their p rope rty, 3) That the Spokane County Nearing Examiner Committee approved the re- t00 zoning of the propert (File ZE-29-84, decided May 14, 1984) subject to si te devel opment hi ch woul d not hi nder the 1 i ght o r i r movement and other amenities the northerly residential property. 4) Further, the Hearing Examiner Committee has established landscaping ' ~ conditions along the northerly pro erty 1 ine whi ch requi res the ~a planting and maintenance of trees. hese conditions alone strongly suggest that the minimum setbacks o he Restricted Industrial Zone be observed. ~ 5) That the appl i cant desi res the proposed vari ance i n order to benefi t from an existing retaining wall and masonry fence which would becone a portion of the structure`s rear wall. 6) That the site lies within the Industrial Category of the Spokane County Comprehensive Plan and is closley bordered by the Urban Cate- gory. Goal 7.2 of the Pl an and i ts Objecti ves and Deci sion Gui del ines (parti cul ar1y Decision Gui del ine 7.2.1, 7.2.3, 7.2.4 ( a) ) cal l for the devel opment of buffer areas where i ndustri al and resi denti al uses will be located near one another. The granting of the requested ~ vari ance woul d leave no adequate buffer area as urged in the ComPre- hensive Plan. 7) The appl i cants representati ve i ndi cated that the area i s i n transi tion from residential to more intensive uses. However, the northerly residential properties are well maintained and can be expected to remain for some time. The appl i cant has al so establ ished a mobi le ~ home park directly adjacent the proposed mini-storage facility in- ~ dicating he too finds the area to have continued residential viability. 8} 7hat the granting of the proposed variance would in essence be allow- i ng the appl i cant a speci al pri vi 1 ege to the detriment of adjoining ~ properties. The applicant in complying with the zoning ordinance will still be able to use the property for the intended storage use. Continued ~ • ► • ZONE RECLASSIFICATION ZE-29-84 & ZE-148A-80 VARIANCE VE-36-84 . G. ZONING ADJUSTOR CONCLUSIONS AND DECISION ' 1) The variance request is inconsistent with the Hearing Examiner Committee decision in approving the zone request due to light, air ~ and aesthetic impacts and the buffering requirements of the zone change. 2) The proposal is inconsistent with the development guidelines of the /11,• Spokane County Comprehensive Plan. 3) The proposed va ri ance appl i cati on does not meet the stan dards re- quired by the zoning o rdinan ce fo r app roval of such variances. ~ THEREFORE, the Zoning Adjustor does hereby DE14Y the proposa] and requires the applicant to maintain the minimum setbacks as required by the Spokane County Zoning Ordinan ce for this use. /UG Zt. J. , S SS, ' i ING ADJU TOR SPOKANE C WASNINGTON DAT E : 7 L ~ iVOTE: ANY PERSON AGGRIEVED BY THIS DECISION MUST FILE AN APPEAL WITHIN 10 DAYS OF THIS DATE. ~ ~ SPOKANE COUNTY PLANNING DEPARTMENT APPEAL REQUEST FORiM Name : );Yy\, )y"\ ,,.p r Today' s Date : P L EA E`P-R rN T Address : ~~10~7 A/ Zi p Code : ? Home Phone : Bus i ness Phone : Planning Department File No. Date of Action: ll-q looq ~ ) c Signature: Signature f Authorized Represent4~tive: Address : YOUR REASONS FOR APPEAL: . 40--, 1 t42F q /J~/ -7VO C~~~ /7 1 t n &k . e J pmnG l -,jn, r ap Y ~17 J-r,,lf w r- 00A An "1 /1, ~C ~f ~f 7E ~C * 1C * * 7~ * 7f ~C 7ti 7~ * ~C ~C * 71C 7r * * * * ~C ~C ~C * ~C 7f * iC * * * ~ 7E * * OFFICE USE ONLY Fees Receipt # Hearinq Date: 0~~~ . . =w;~ . ' ' e* . . • t~ . . .h ~ i• ! ` r . `~.h', •Y .,.~4.:, I ' Mar c h 131 1964 ' '1 ' . • •~:.t . Spak3nr C~~~jnty Zoning Adju3tor , . N. 721 Jefferson S+:reet : Spokane, Washingtdn 99260 .'1,~: . • Rz: Reque3t for variance, VE-36-64, side yard setback in Restrictzd Indiistrial zone. ' • ' Dear s i r ; `5 , ~ I am the owner of Cirriz J Esta*es, 3 Sg unit • . m3nufar_tured hame p3rk a+: E. 7800 A1 k i Avenue in the ' . , Spok3ne Val le Y. Th` b3lsZfice of my ownershiR is zonzd . , ' Restriced Industri31 3nd exttnds tram Ella Ruad to Park Road rar 13 acres a.pproxim3te1 yone 1 ut deFth south of •.5r'" ` u . . Broa0wa.y Avenue. ' ~d•` I am Rrvpvsing a cornbin3tion stor3ge building for . . . . l~ mobile park tenants, m3inten3nce equiRment and my p`rsonal . ' storage in the e3st porti4n or the biji lding whil e the west ~M ~ • t'•' . , , p ort ion o r t he bui 1 - J i n g w i 1 1 be open tU mini-ware hause, bo3t and campar storagz t'or the general publit. . ' . ` • .1 , 1 Betause of the e;<is+:ing reta.ining w31 1 al ong the north 1 ine ot' my RroPertyi I am Froposing astructure ;AF incc,rpor3ting trie w311 intu the dtsign. The wal l was built ane (1) fovt from the north FroPZrty l ine. •Frontage for the bijil ding (3nd the pro~ect) is P3rk Rd3d on the west and Eila Ra3d un the e3st, re1eg3ting trie bUilding in question ta asi~le yard-relationship. The t,uil~~i~g se~t,3~k tor a ' commercia.l or indu3trial building irt the Rzstrictzd M1 Y ' Indlistri31 Zone is 5 te`t ror ~ach stury if the t,ijilding • • r 3bUt5 a residenti31 Zone and n•a rzquiremant iP the bUilding „ abuts a non-residential zone. Acceas to the building will t t la bz vi3 3privatz drive 1'rom Park Roa.d which wi 1 1 al s4 acce3s, future bui 1dings in the pro.iect. . . . ' :.u~ ' : •Ttie properties to the north are currentl y zQned a.nd ' , deve1oFed r'or residential i-ises; howeverv the comprehensive Plan indicates that the 3f`ts3 is aFpropri3ta for indus+:rial developmqnt. The residences trunt on Eru3dw3y Av`nue, a . . major arterial servins thi3 portion of the SRokanz Val ley ~•;f?,~',! ' _ ,and their futUre commercial or drriye use is inevitabiz. The 3RPl1C311t thzreforz requests that the varia.nrz be `<<:. . > ; ~ . granted to 31 1 aw the str~icfiure t-:, come within 1 ft. or the J'(~i riortt-i Pr4pe1`ty 1 ine where3s the zorting ord.ina.nre wosil d require 3 5 ft. satback for 3 one story bui 1ding 3nC 3 10 ft. setback for 3 tW0 story bijildin9 beca.use of thz ,'.r. . imme-Jiate commercial or orrice potentials of the - rzsidential prdFertizs to the north. Sincere1 y, . ' , ~ J t~?',• / + , ~ ~ ~ : ~ . . ~ , , ~ ` ~ 4 , i - i ~ Spokane County ~ ~ & saf~~tti- de artliie[zC of l~uilding , ~ . Jt ( ~~I > ~0 n'Tx.`. JAMES L. MANSON, DIEZECI'UIz May 24, 1984 Jim Olinger North 4912 Sipple Road =Spokane, Washington 99212 RE: Bui lding Permi t NiimhP.r Dear Mr. Olinger: As you may be aware, per tn2 attached correspondence, the Spokane County Planning Uepartment has recommendPd to this department that I the above-referenced building permit, issued March 19, 1984 for a three thousand square foot storaye bui ldi ng, be revoked pursuant to the provisions of Section 303(e) of the Uniform Bulding Code as adopted by Spokane County. Section 303 (e) provides that "The bui ldiny official may, in writing, suspend or revoke a permit issued under the provisions of this code , (Uni form Bui 1 di ny Code ) whenever the permi t i s i ssued i n-error or on- ~ the basis of incorrect information supplied, or in violation of any ordinance or regulation or any of the provisions of this code". After review of the various documents relating to this matter, it I would appear that the referenced permit was issued contrary to- a condition within the findings dated November 6, 1976 in conjunction _ with CUE 115-72. ~f. In 1 i yht of thi s, and i n consi derat i on of the Pl anni ng Department's recommendation, building permit number 84A 2328, issued for the above- referenced project, is hereby revokPd effective as of the..date of this letter. Shou 1 d you have any questi ons or w i sh ta di scuss thi s matter, pl ease don't hesitate to contact me at 456-3675. Sincerely yours, UEPARTMENT OF QUILDING AND SAFETY E C F. V E MAY 2 51984 ' Mark Holman ~;'v:t,~`~E COUNTY i Assi stant Di rector PLAN1`;NG DEPARTMENT cc: Steve Horobiowski I NORTN 811 JEFFERSON • SPOKANE, WASHINGTON 9926090050 • TELEPHONE (509) 456-5675 - -J ~ l ~ - ~ ~ 1 PLANNING DEPARTMENT t,' 4L1 w ~ _ ~~~s•~""' ~Up04DH'AY CENTRE BU+LD►NG N 721 JEFFER50N STREET PHaNE 456•2205 :'r SPOKPNE, WASMINGTON 99260 S P O K A h[ CQ V h i! l. 0 U W i M 0 U SE h May 21 , 1984 . ; . .,r Mr. Jim Ol i nger Plorth 4912 Sipple Road Spokane, V!A 99212 ' ; 44~; ~ Dear P1r. Qlinger: On Monday, May 14, 1984, the Nearing Examiner Committee and Zoning Adjustor considered your request for the location of a mini-warehouse establishment as described within File Nos. ZE-29-84, ZE-148A-80, and VE-36-84. Duri ng the course of that publ ic heari ng , Attorney Bob McKanna drew to the attention of the Hearing Examiner Committee and also staff, Findings and Order dated November 3, 1976, with respect to CUE-115-72. As you will recall, that matter dealt with an application by you to provide a variety of fencing around the perimeters of the property described therein and amend Condition No. 8 con- cerning the landscapinn and development plan which had been approved on October 2, 1972. ' I n conj uncti on !.!i th the Spokane County Qoard of Ad j us tment rerderi ng a deci si on on that application, they specifically provided that: ~ The decorative concrete block fence shall not be used as a common ~ wall to a proposed storage building nor shall any storage building be provided aiithout prior review and approval of such amendment to the site plan by the Zoning Adj►jstor at a regularly scheduled public hearing. (Emphasis Added) For your review, I have enclosed a photocopy of the November 3, 1976, Findings and Order of the Spokane County Board of Adjustment. In light of the above-referenced condition included within the Findings and Order of the Spokane County Board of Adjustment dated November 3, 1976, and discussions with the Spokane County Prosecuting Attorney's Office, legal counsel for the Board of County Commissioners, I must inform you I am recommending that the building permit issued to you under auilding Permit No. 84A-2328 for a proposed 3,000 square foot mini-warehouse facility, which facility would use as one of its conimon walls the decorative concrete block fence, must be revoked. The suspension or revocation of a building permit which has been issued in error or on the basis of incorrect info rmation supplied, or in violation of any ordinance or regulation, is specifically provided for under Section 3.03 of the 1982 Edition of the Uniform Building Code. - • r „ , [Ir. J 1f11 Ol i nyer - 2- f•1ay 21, 1984 . Although I am recommending trat the building permit issued under Building Permit ~No. 84A-2328 be revoked, this is not to say, hotqever, that you may not apply to the Spokane County Zoning Adjustor for a change of condition with regard to the November 3, 1976, condition referred to above. Additionally, and as you are aware, once tlle Findings of Fwct and Decision are entered by the Hearing Examiner Comr,;ittee and the Zoning Adjustor concerning their public hearing held May 14, 1934, you nay apQeal those decisions to the respective appeal bodi es , I f your appeal swere to be uphel d, you may poss i bly have the ability to build the oroposed 12,000 square foot mini-s.torage warehouse using the decorati ve concrete bl ock fence as a cor~vnon wal 1, . Should you, uoon receipt of this correspondence, like to discuss this matter in more detai 1, please feel free to contact ne. Ivii 11 be more than happy to rnake any and al 1 Pl anni ng Departr,ient fi 1 es avai 1 abl e to you for your revi evi wi th regard to this matter. A photocopy of this letter is being directed to the Spokane County Building and Safety Department, who vri 11 offi ci al ly revoke Bui 1 di ng Permi t No. II4A-2328. Thank you very much in advance for your cooperation in this matter. Sincerely, ~px~,J~,jw STEVE P. HOROBI041SKI Zoni ng Admi ni strator Enclosure SPH : cmw cc: James P. Emacio, Prosecuting Attorney's Office iJames L. Nlanson, Dept. of Qui 1 di ng and Safety ~ ~ ; ~ ~ . SPaKANE COUNTY DEPARTMENT OF BU~ILM':G-& SAFETY NORTH 811 JEFFERSON ! SPOKANE,INASHINQTQN 992601 (509) 456-3675 APPLICAN7; CDMPLETE NUMBERED SPACES - PRESS HARD TO MAKE 3 COPIES S7pEET AaDFlEBS PARCEL NQ. 7 (b ca LoT I BLOCK s~ivIs1oN LEGAL DESCRIPTiON: OWNER ~ OL'~ N~~.. ~PHON RHONE I I 3 AILING AOQRESS Ac11ual 5el backs in Feet to. 5 I v ' I Nor1h I I 5cwlh ~Easl ~ Wesi CO~~ftsa~ ~ LICENSE EXPIRES ~ PHONE 51ze0f Pertxl 1 Zong Clas3i ECatlon I C J •'';i ()orr,rwclaf C] ADDRESS ZIP Type st.J Con CU rCY ~r~ [k~i ❑Yee ONo ❑Roq'd. . , . DE5IGNER ~ PHONE NewGDmt. ValuatlOn I Remode ed Valuatfon I Tatal Bldq. Fioo► prea /~C~~ ~ a~e ~ aRESS ~ ZIP Nfaln Floor ( Upper Flooro ~ Gara /Slorapa Greenhouse w * * 1 3 0 U 0 CMANGEpF USE FRQM ~ TO CwetC3edt ~ U+c+, Deck I Fin, Basement I Unffn. 8asemenl 1 80.006 6. an No. Batha No. Flaara No. Fln. Raoma No, Uwel IlrtQa I TYPE ~ W ❑ ALT. Q AD"N, ❑ RPL. ❑MVE. ~R ~ 2 3 2 7~ 7. C? F p OTH ~a. ❑ pLMB. Ll MECH. ❑ M.H. 0 PO0f. CextlEi.otE~cempt. c R e Quir e d Ye9 D No Q N u m b e r WORK orvarlanaa ` Pooaived YaeO Nat7 Z/ . v J - 1 9 - 8 4 DESC~IBE t?R ~ Sh~xellnealFlood Mazard I ~laro Requlred ~j! ~ 8. ~.G~~ ~ ~71~✓~C . ,J7` OCY,~ .D ' Y~o r~oanpc~e. a ~iY~~~~ VAlUA714N SoU~CE GAS EtECTAS Wa~R SEWAGF~ p„Yner3nlp FEES CQLLECTED 9. OVA7E 0 SEWEA d Publ~ 0 Privete UTIIITIES PRI I hereby certlfy ihat I have read and examined thls appflcallpn anc# have read the "NQTICE' provlslona fncluded on ~ reverse side, and knaw Che same to be true and correct. All pravlsions of laws and ordlnanCes governing this type of gullding work wlll be complied wiih whether specitied herein ar nol. The granking of a permlt does not presume to glve au- (hoflty to vipidte or Cancal the provisian3 0} any other state or local law regulating Con9tructlon or the perfdrmance DI construetlon. SEE'REVEfl$E SIDE F RA~QUIR D INS~'EC710NS Plumbing SIGWA7URE OF r~ c ApPLICATIQN/,/~ ~ T pATE Mech. OWNEFI OR AGEN r ~ ',PEClAI. APPRpVALS SPECIAL CQNOIT/tPNS; (SEE REVERSE 51DE FOR NOTlCE) v ~1 Plan Check PRELIM. FINAL C~ pATE ~NV, M4MIIA ~ ~ I ~ ~ SEPA } Pllnnlnq ahw ~ a)L)~~ L 7'~ ~/~~7 ,ra ~ Modularl MFG. Htime CL o w #''sv Oiher (Specily) ~ u+tPi1~M z ~cd ~ ~ c c~ raTAL $ . WHEN MACHINE VALICIATEp IN THIS SPACE, PERM;T (S NflNTRANSFERABLE 7'HIS BECAMES A PERMIT. ' PERMIT IS NU'LL AN'~ VL11R IF WO'~K HA5 NOT CQMMEMCEQ ~rp 4 .M..~ r • , , , : < 1N 160 DAYS ` OATEi~UE~ " s8 PEpMI4A.2 06 * 10 R Q Q.O ~&AL - ~ • . ~ ~i - - ~ , : ; . . ~ . ~ . ~ PLANNING DEPARTMENT BROAOWAY CENTRE BUILOING N. 721 JEFFER50N STREE7 ~ I` r ,Lib1v•~!: t ~ PNONE 456-2205 ~ ~ i ~L Y , ,t . Iryr SPGRaN" wASHivGTCti 99260 ' _.v'• SPOKANC COVHT'% C'?V4' NOUS[ hlay 21, 1984 Mr. Jim Olinger North 4912 Sipple Roa(' Spokane, WA 9921? Dear Mr. Ol On Monday, May 14, 1984, the Heari ng Exami ner Conuiii ttee and Zoni ng Ad;; u~ ~or considered your request for the location of a mini-warehouse establishment as described within File Nos. ZE-29-84, ZE-148A-80, and VE-36-84. During the course of that public heariny, Attorney Bob McKanna drew to the attention of the Hearing Examiner Committee and also staff, Findings and Order dated November 3, 1976, with respect to CUE-115-72. As you will recall, that matter dealt with an application by you to provide a variety of fencing around the perimeters of the property described therein and amend Condition No. 8 con- cerning the landscaping and development plan which had been approved on October 2, 1972. In conjunction with the Spokane County Board of Adjustment rerdering a decision on that application, they specifically provided that: The decorative concrete block fence shall not be used as a common wall to a proposed storage building nor shall any storage building be provided without prior review and approval of such amendment to the site plan by the Zoning Adjustor at a regularly scheduled public hearing. (Emphasis Added) For your review, I have enclosed a photocopy of the November 3, 1976, Findings and Order of the Spokane County Board of Adjustment. In light of the db.ove-referenced condition included within the Findings and Order of the Spokane County Board of Adjustment dated November 3, 1976, and discussions w.ith the Spokane County Prosecuting Attorney's Office, legal counsel for the Board of County Com;nissioners, I must inform you I am recommending that the building permit issued to you under Building Permit No. 84A-2328 for a proposed 3,000 square foot mini-warehouse facility, which facility would use as one of its common walls the decorative concrete block fence, must be revoked. The suspension or revocation of a building permit which has been issued in error or on the basis of incorrect information supplied, or in violation of any ordinance or regulation, is specifically provided for under Section 3.03 of the 1982 Edition of the Uniform Building Code. t . ' _ ~ 1 ` > . . R• Mr. Jim Ol inger - 2- May 21 , 1984 .:ti. • Although I am recommending that the building permit issued under BuiTding Permit No. 84A-2328 be revoked, thi s i s not to say, however, that you may not apply to the Spokane County Zoning Adjustor for a change of condition with regard to the November 3, 1976, condition referred to above, Additionally, and as you are aware, once the Findings of Fwct and Decision are entered by the Hearing Examiner Committee and the Zoning Adjustor concerning their public hearing held Ilay 14, 1984, you may appeal those decisions, to the t^espective appeal bodies, If your appeals were to be uphelda you may possibly have the ability to build the oroposed 12,000 scuare foot mini-s,torage warehous.e using t!le decorati ve concrete bl ock fence as a conimon wal 1, Shouldyou, upon receipt of thi s correspondence, 1 i ke to di scuss tni s j,~a i; t-er i n more detail, please feel free to contact me. I will be more than happy to makt: any and al l P1 anni ng Department fi 1 es avai 1 abl e to you for your revi ew t-ii th ree,a ' to this matter. A photocopy of this letter is being directed to the Spokane County Building and Safety Department, who viill officially revoke Building Permit No. 84A-2328. Thank you very much in advance for your cooperation in this mdtter. Sincerely, . ~I i~~►~01Y0~(it~ STEVE P. HOROBI01►1SKI Zoning Administrator Enclosure SPH : cmvi cc: . JaiTies P. Emacio, Frosecuting Attorney's 01-41ce James L. Manson, Dept. of Building and Safety . u~ ~ de'0 ~ • o~~`~° . ~o►!~' . ~ . ~ ~ ~ .SA) ~ ' ~ • ~ ~ ~ ~ ~ , ~ AO" J V ' ~ • ~ / j • ~ •J ~ ~ ~ ~ At-16 ~4~Ai~~~/ ~ OAO~ ~ ( u 04*1 ~ . X ~ 4•, p ~Y',/r~~~~ / I •hZ • ; . , ~ r•. k L~~• . • : ' . . r ,s, o.%~ rl % ~ ~ t Nv 3 M. ~ or IV-4000,V- - t4i ~ eAAOA ~7 z g L~ , 4 ~ J . , 1I ~ u~ t ~ 1*4 . , y ~ ~ . `j rt~ , k', y • ' ' Ir - - ' _ . ~=~tt^~• S , ~j , i • . r . . . . . • , . ~ , • , . •,x.;, • • . j-t ~;~,r ~ ` l. ~ y • v~ , TI~~• 'f, ' ~ ~ ' , M. ` ~ll~ ~ 7)„ t , ~ rC .'r ~ ' ~i'. . C. ,~~Y ~ ' _ . ' ~ • Y ' . . w., ais . , . ' ~ ~a ~ • ~ ; BEFORE THE BOARD OF ADJUSTMENT OF SPOKANE COUAITY, WASHINGTON IN THE MATTEIt OF REVIEWING THE ) ADMINISTRATIVE ACTION OF THE SPOKANE ) COUNTY ZONING .ADJUSTOR IN A DECISION ) FINDINGS AND ORDER TO DENY VARIANCE #VE-36-84 ) THIS MATTER, Being the consideration by the Board of Adjustmeat f or Spokane County, is an appeal of an administrative action by the Spokane County Zoning Adjuetor denying the Variance (VE-36-84), for the purpose of a one (1) f oot setback f rom the eide property line, hereinafter referred to as the Proposal", and the Board of Adjustment of Spokane County having held a public hearing on June 20, 1984, and having f ully considered all teatimoay presented thereat, and having rendered a decision on the 18th day of July, 1984, upholding the Zoning Adjustor decision DENYING said proposal and adopting the Zoning Adjustor Findings and Order ae their own, does hereby make the f ollowing FINDINGS OF FACT 1 That the proposal is generally located approximately 300 f eet east of Park Road, approximately 450 f eet west of Ella Road and approgimately 130 f eet south of Broadway Avenue in Section 18-25-44 2 That the proposal consists of the establishment of a mini-storage facilitq within the Restricted Industrial Zone to be located one (1) f oot f rom the side property line whereas the Spokane County Zoning Ordiaance requires a 10 f oot setback f or a two (2) story structure The proposed structures are greater than 16 feet high thus qualify as a two (2) story structure 3 That the site lies within the Industrial Category of the Spokane County Comprehensive Plan and is closely bordered by the Urban Category Goal 7 2 of the Plan and its Objectives and Decisioa Guidelines (particularly Decision Guideline 7 2 1, 7 2 3, 7 2 4(a)) call f or the development of buff er areas where indu8trial and residential uses will be located near one another T he granting of the requested variance would leave no adequate buff er area as urged in the Comprehensive Plan 4 That the existing zoning of the proposal is Restricted Industrial 5 That the Spokane County Zoning Adjustor held a public hearing on May 1, 1984, conceraing the proposal, and that on May 17, 1984 the Spokaae C ounty Zoning Adjustor, by Conclusioas of Law and Finding of Fact did render a decision to denq the proposal 6 That on May 25, 1984, an appeal f rom the decision of the Zoning Adjustor of Spok.ane County was f iled by Jim Oliuger, the applicant 7 That the existing land uses in the area of proposal include single family residences to the immediate north, two houses to the west, and a manufactured home park to the east aad south Mining (Acme) is located to the southwest, with the south areas primarily vacant 8 That the properties principally aff ected by the proposal lie to the north of the property The properties are currently zoned Agricultural Suburban and are occupied bq single family residences Many of these residents appeared at the public hearing to ob3ect to the proposed variaace Their primary concerns were that the proposed structure located along the rear lot line would block sunlight to the rear yards, restrict air movement and diminsh the enjoyment of their property r FINDINGS AND 08DEx VE-36-84 9 That the Spokane County Hearing Examiner Committee approved the rezoning of the property (File ZE-29-84, decided Maq 14, 1984) subject to site development which would not hinder the light or air movemeat and other amenities of the northerly residential property 10 Further, the Hearing Egaminer Committee has established landscaping conditiona along the northerly property line which requires the planting and maintenance of trees The conditions alone strongly suggest that the minimum setbacks of the Restricted Iadustrial zone be observed 11 That the applicant desires the proposed variance in order to benefit f rom an exiating retaining wall and masonry fence which would become a portion of the structure's rear wall 12 That the applicant iadicated that the area is in transition f rom residential to more intensive uses However, the northerly reaidential propertiee are well maintained and can be expected to remain f or some time The applicant has also eatablished a mobile home park directly adjacent the proposed mini-storage facility indicating he too finds the area to have continued residential viability 13 That the granting of the proposed variance would in esseace be allowing the applicant a special privilege to the detriment of ad3oining properties The applicant in complying with the zoaing ordinance will etill be able to use the property f or the intended storage use 14 That there has beea construction in the f orm of an addition to the height of the existing decorative sight-obscuring f ence that includes additional concrete blocka and additional reinf orcing rods/irons The fence addition 18 visible f rom the etreet and is in violation of the Findings and Order of the Spokane County Board of Ad justment, File #CUE-115-72, dated November 3, 1976, specif ically Condition #2 It provides that the decorative block fence not be ueed as a common wall to a proposed storage building without prior review and approval of the proposal by the Zoning Adjustor 15 That the proper legal requirements f or advertising of the hearing bef ore the Board of Adjustment of Spokane Couaty have beea met DECISION From the f oregoing Findings, review of the Planning Department Staff Report, review of the Zoning Adjustor Findings and Order, and the staff presentation of File No VE-36-84, the Board of Ad3uatment of Spokane County hereby in UPHOLDING the Zoning Adjustor decision DENYING the proposal does make the f ollowing CONCLUSIONS AND ORDER 1) The variaace request is inconsistent with the Hearing Examiner Committee decision in approving the aoae request due to light, sir, and aeathetic impacts and the buff ering requirements of the zone change 2) The proposal is inconsistent with the development guidelines of the 3pokane County Comprehensive Plan 3) The proposed variance application does not meet the standards required by the zoning ordinance f or approval of such variances 4) Theref ore, the Board of Adjustment does hereby DENY the proposal and requires the applicant to maintain the minimum setbacks as required by the Spokane County Zoning Ordinance f or this use FINDINGS AND ORDER VE-36-84 5) That the additional constructioa above the permitted 6 f oot high decorative f ence shall be removed within 90 days from the date of the signing of these Findings and Order MEMBERS PRESSNT VERNON LAUBACH MARTIN HIBBS, ACTING CHAIRMAN MILA BALL LARRY KRAUSE BOARD VOTE 4- 0 DENY THE VARIANCE REQUEST AND UPHOLD THE DECISION OF THE ZONING ADJUSTOR DATED THI SDAY OF lJ , 1984 i SPOKANE COUNTY BOARD OF ADJUSTMENT OF SPORANE COUNTY WASHINGT MAR IN HIBBS, ACTING C IRMAN VERNON LAUB CH LARRY KRAUSS MILA BAL ~ COPY ' ORIG1NAl FtIED ~ JUL 271964 ~ SUPERiOlt Ctk.".~ Sl~o~c~At I~Y. 1 ; . 2 ~ IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON 3 IN AND FOR THE COUNTY OF SPOKANE 4 5 JAMES OLINGER, ) 6 ' ~ 01 2~ Plaintif, f , ~ NO. 7 ) g vs } NOTICE OF APPLICATION FOR ) WRIT OF REVIEW 9 BOARD OF ADJUSTMENT OF SPOKANE ) 10 COUNTY, ) ~ 11 De f endant ) 12 ) 13 14 TO Board of Adjustment of Spokane County, and to r 15 The County of Spokane 16 17 YOU AND EACH OF YOU will please take notice that on the 18 14th day of August, 1984, at the hour of 9 00 o'clock a m, or as 19 soon thereafter as the same may be heard, the undersigned will 20 apply to the Presiding Judge of the Superior Court of Spokane 21 County, Washington, for issuance of a writ of certiorari and 22 other orders all prayed for in the Application for Writ of Review 23 and ather order, a copy of which petition and the affidavit of 24 James 4linger, is hereby made a part of this Notice by reference 25 and by attachment hereto of true copies of such Petitions and 26 Af f idsvit 27 , DATED July ~ , 1984 ZS FORD, OWENS & NEES, P S. 29 30 31 (0,~ Aga4 32 C JON S Attorney for Petitioner FORD OWENS & NEES P 5 a'ROANEYS AT V►W SoutA 323 Pinee Spokano Wsehlnpton o9208 NOTICE OF APPLICATION (509) e244eoo FOR WRIT OF REVIEW . ,r l~ntf ! i t ~ 4 ~ t J U L 27 198 1 „ ~IV~~ ~ II_'M11111AW f~.~ir w" 1 2 3 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON 4 IN AND FOR THE COUNTY OF SPOKANE 5 JAMES OLINGER, ) 0„_90-1 6 ~ ~ ~ Plaintiff, ) NO. ~ 7 ~ 8 vs ) APPLICATION FOR WR9 BOARD OF ADJUSTMENT OF SPOKANE ) IT OF REVIEW )0 COUNTY • ) ) Defendant ) 12 ~ 13 14 COMES NOW the plaintiff, by and through his attorney, ► 15 and respectfully petitions the court pursuant to the provisions 16 of RCW 36.70 890, for a review of the Spokane County Board of » Adjustment's decision and order made and entered on July 18, ig 1984, denyinq the application on appeal of plaintiff for the 19 establishment of a mini-storage facility within a Restricted Zp Industrial Zone to be located one (1) foot from the side property 21 line whereas the Spokane County Zoning Ordinance requires a ten ZZ (10) foot setback for the proposed structure. Plaintiff 23 petitions the above-captioned court for a writ of certiorari 24 directed to the Board of Ad3ustment of Spokane County, Washington 25 requiring said Board to certify to this court at a specified time 26 and place a full transcript of the record and proceedinqs had in 27 sas.d cause for review herein, and thereupon the court review the 28 same as to a claim by said James Olinger that said defendant 29 acted arbitrarily and capriciously contrary to prior 30 authorization given plaintiff, and also that execution of the 31 Order entered in said proceedings be stayed pendinq such review. 32 FORD OWENS & NEFS P S ATTORNEYB AT LAW South 323 Plnes 8pokans Washlnpton 49208 APPLICATION FOR tsW 92"eoo WRIT OF REVIEW - 1 - ~ - r I 1 This application is based upon the affidavit of James Z Olinger hereto attached and by this reference made a part of this 3 application 4 5 DATED this ~ day of July, 1984 6 FORD, OWENS & NEES, P S 7 8 9 ~ C JON N S 10 Attorney for Plaintiff 11 12 13 14 ~ 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 FORD OWENS & NEES P S ATfORNEYS AT WW South 923 Plnee spokane woaAlnpcon 89209 APPLICATION, FOR (MM 024'°e0° WRIT OF REVIEW - 2 ~r - ~i ftti 1 ~J t + t x 4% -sow wlfj ~ Z 3 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF SPOKANE 4 5 JAMES OLINGER, ) p 6 420 9 5 0- 7 Plaintiff, NO ~ g vs ) AFFIDAVIT OF JAMES OLINGER ) IN SUPPORT OF APPLICATION 9 BOARD OF ADJUSTMENT OF SPOKANE ) FOR WRIT OF REVIEW 10 COUNTY, ) 11 ~ Defendant. ) 12 ~ 13 14 STATE OF WASHINGTON ) r ) ss 15 County of Spokane ) 16 » JAMES OLINGER, being first duly sworn on oath, deposes 18 and says 19 On June 20, 1984, the Board of Ad3ustment of Spokane 20 County held a public hearinq to consider the appeal of an 21 administrative action by the Spokane County Zoning Ad3ustor ZZ denyinq my request for a Variance (VE-36-84) for a one (1) foot 23 setback from my side property line On July 18, 1984, an Order 24 made by the Board of Ad3ustment was signed denying my application ZS for a variance for a one (1) foot set back and ordering me to 26 reduce the height of the existing decorative fence to six feet 27 within ninety (90) days of July 18, 1984 28 In making this decision the Board acted in an arbitrary 29 and capricious manner, and in contradiction to previous 30 statements made upon which I relied in the planninq of this 31 pro3ect The Board in making its decision did not have 32 sufficient facts upon which to make its disposition FORD OWENS & NEES P S ATTORNEYS AT LAW South 323 Plnea 8pokans Washlnpton N206 AFFIDAVIT OF (SM 024MW JAMES OLINGER - 1 ~ This is a proper case for issuance of a writ of review Z because I have no adequate remedy at law or equity 3 a WHEREFORE, the petitioner prays that a Writ of Review issue out of the above-captioned court directing the Board of 5 Adjustment of Spokane County to certify its record in said 6 7 proceedings to such court so that the reasonableness and 6 lawfulness of its decision denying the variance required may be 9 inquired into and determined 10 11 ~ 1 J 12 ES OLING p ~ 13 SUBSCRIBED and SWORN to before me this 7,,Xay of July, 1984 , 14 15 ~ NOTARY PUBLIC in rd for'the State 16 of Washington, residing at Spokane 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 FORD OWENS & NEES P S ATTORNEY8 AT lJ1W South 329 Plnss 8pokane Waehinpton 99Z09 AFF I DAV I T OF csoo) 92"e00 JAMES OLINGER - 2 ~ r ~ COPY ORtGINAL F1LED JUL 271984 Sumw om ~ wam c~. IL z • IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON 3 IN AND FOR THE COUNTY OF SPOKANE 4 5 JAMES OLINGER, ) ~ ~ ► - 6 Plaintif, f , o No 7 / j 8 vs. ) SUPPLEMENTAL AFFIDAVIT ) OF JAMES OLINGER 9 BOARD OF ADJUSTMENT OF SPOKANE ) 10 COUNTY, ) ) 11 Defendant ) 12 ~ 13 STATE OF WASHINGTON 14 ) ss. 15 County of Spokane ) 16 JAMES OLINGER, being first duly sworn upon oath, 17 deposes and says ig In 1976 we began construction on our Mobile Home Park 19 at East 7800 Alki At the time the park plans were approved one 20 of the county's conditions was a sight obseuring fence Board on 21 board and grape stake were examples they qave Also at the time 22 plans were approved that said "Future covered accessory storage 23 area " When this was approved, we were told that all we would 24 have to do is get a permit to build Believing this we then 25 decs.ded that along this area we would build a decorative solid 26 block wall to serve as both the sight obscuring fence as well as 27 the north wall to our storage building Dwight Hume, who worked 28 at the county at that time did not know a solid block wall was 29 sight obscuring and we had to go before the board and they 30 31 assured him that the block wall would in fact be not only sight 32 obscuring but also sound obscura.ng FORD OWENS & NEES P S arroANEYa aT u+w Soutn 323 Pinee Spokane WasAlnpton 99209 SUPPLEMENTAL AFFIDAVIT - 1 (soe)e2-&"ao i ♦ , r ~ We then constructed the wall with proper footings and Z reinforcements with the intention of that being our north wall of 3 the storage building We put the wall one foot on our side of 4 the ro ert so there would be no 5 P P y problem with that We never had the means to build the storage building 6 until this past January 1984 when the zoning director then 7 decided the storage building was too big for Mobile Home Park 8 zoninq and that we would have to rezone to light industrial. 9 Both the director and his boss physically inspected the sight and 10 agreed we could build the 4000 square feet. When we applied for 11 the permit we found it was considerably cheaper to get a permit 12 for only 3000 square feet. Since we were being forced to rezone 13 we got the permit for only the 3000 feet 14 ~ We were given the permit, hired help, and proceeded 15 with the building, pouring footings, laying block and etc The 16 da of the zone hearin came and we were » Y g granted the light Industrial Zoning, but they said we can not use the wall as the 18 north wall of the building - we had to come in ten feet from the 19 property line. Our permit for the building was also revoked and 20 we can't even finish 21 22 23 ~ ~ S OLINGER 24 ' ZS SUBSCRIBED and SWO to before me this ~ ,day of July, 1984 26 27 C ~-n - NOTARY PUBLIC in d fo~~e State 28 of Washington, residing at Spokane 29 30 31 32 FORD OWENS & NEES P S ATTORNEYS AT lAW South 323 Plnee Spokane Waehlnpton 992 SUPPLEMENTAL AFFIDAVIT - 2 08 (soe) ezaoeoo j copy ~ pRiG1NAt FtLEO ~ JUL 27 1984 t ~ suPERIM mIn 1 ~OKlN~ 1~~ € 2 ~ IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON 3 IN AND FOR THE COUNTY OF SPOKANE 4 5 JAMES OLINGER, ) 6 Plaintiff, ) NO c~d 1 7 l g vs ) NOTICE OF APPLICATION FOR ~ WRIT OF REVIEW 9 BOARD QF ADJUSTMENT OF SPOKANE ) 10 COUNTY, ) I 11 Defendant ) 12 ) 13 14 TO Board of Adjustment of Spokane County, and to t i5 The County of Spokane 16 17 YOU AND EACH OF YOU will please take notice that on the ig 14th day of August, 1984, at the hour of 9 00 o'clock a m, or as 19 soon thereafter as the same may be heard, the undersigned will 20 apply to the Presiding Judge of the Superior Court of Spokane 21 County, Washington, for issuance of a writ of certiorari and ZZ other orders all prayed for in the Application for Writ of Review 23 and other order, a copy of which petition and the affidavit of 24 Jarnes Olinger, is hereby made a part of this Notice by reference ZS and by attachment hereto of true copies of such Petitions and 26 Af f idavit DATED July 1984 27 28 FORD, OWENS & NEES, P S. 29 30 31 C JON N~~S 32 Attorney for Petitioner FORD OWENS & NEFS P S ATfORNEY3 At LAW Sovth 3Z3 Plnst Spokano Woshinpton VM NOTICE OF APPLICATION csM924MW FOR WRIT OF REVIEW w ~ r r° L~ ~ti~~s 1 ~~Al -t~ t a . ~ JUL 2719~~ ~ "IMFIqn t 2 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON 3 IN AND FOR THE COUNTY OF SPOKANE 4 5 JAMES OLINGER, ) 6 ) , O ,-9 5 3~ 7 Plaintiff, ) NO. ~ ~ g vs. ) APPLICATION FOR ) WRIT OF REVIEW 9 BOARD OF ADJUSTMENT OF SPOKANE ) 10 COUNTY, ) ~ » Defendant. ) 12 ~ 13 14 COMES NOW the plaintiff, by and through his attorney, ~ 15 and respectfully petitions the court pursuant to the proviszons 16 of RCW 36.70 890, for a review of the Spokane County Board of 17 Adjustment's decision and order made and entered on July 18, ig 1984, denying the application on appeal of plaintiff for the 19 establishment of a mini-storaqe facility within a Restricted Zp Industrial Zone to be located one (1) foot from the side property 21 line whereas the Spokane County Zoning Ordinance requires a ten ZZ (10) foot setback for the proposed structure. Plaintiff 23 petitions the above-captioned court for a writ of certiorari 24 directed to the Board of Adjustment of Spokane County, Washington ZS requirs.ng said Board to certify to this court at a specified time 26 and place a full transcript of the record and proceedings had in 27 said cause for review herein, and thereupon the court review the Zg same as to a clai.m by said James Olinger that said defendant 29 acted arbitrarily and capriciously contrary to prior 30 authorization given plaintiff, and also that execution of the 31 Order entered in said proceedings be stayed pendinq such review. 32 FORD OWENS & NEES P S ATTOANEYS AT l,AW South 323 Pines Spokane WuAtnpton O9209 APPLICATION FOR Mov>ozaoeoo WRIT OF REVIEW - 1 ~ u~ - - ♦ / ~ This application is based upon the, ayffidavit 6`f James Z Olinger hereto attached and by this reference made a part of this 3 application ~ DATED this day of July, 1984 5 6 FORD, OWENS & NEES, P S,. 7 8 , 9 C JON N S 10 Attorney for Plaintiff 11 12 13 14 P 15 16 17 18 19 20 21 22 ~ 23 24 25 S26 27 28 29 30 r 31 32 ~ ' FORD OWENS & NEES P S ATfORNEYB AT LAW South 323 Pinee Spokane Waetolnpton 99206 ~ APPLICATION FOR (NO) 92"0° WRIT OF REVIEW - 2 < 1 Z 3 IN THE SIIPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF SPOKANE 4 5 JAMES OLINGER, ) 6 ~ ~ 12 D _9 ~'3°° 1 Plaintiff, ) NO 7 ~ g vs ) AFFIDAVIT OF JAMES OLINGER ) IN SUPPORT OF APPLICATION 9 BOARD OF ADJUSTMENT OF SPORANE ) FOR WRIT OF REVIEW 10 COUNTY, ) ~ » Defendant ) 12 ~ 13 14 STATE OF WASHINGTON ) 1 ) ss 15 County of Spokane ) 16 » JAMES OLINGER, being first duly sworn on oath, deposes 18 and says 19 On June 20, 1984, the Board of Adjustment of Spokane 20 County held a public hearing to consider the appeal of an 21 administrative action by the Spokane County Zoning Adjustor ZZ denying my request for a Variance (VE-36-84) for a one (l) foot 23 setback from my side property line On July 18, 1984, an Order 24 made by the Board of Adjustment was signed denying my application 25 for a variance for a one (1) foot set back and ordering me to 26 reduce the height of the existing decorats.ve fence to six feet 27 within ninety (90) days of July 18, 1984 28 In making this decision the Board acted in an arbitrary 29 and capricious manner, and in contradiction to previous 30 statements made upon which I relied in the planning of this 31 project The Board in making its decision did not have 32 sufficient facts upon which to make its disposition FORD OWENS & NEES P 5 ATTORNEY8 AT LAW SoulA 321 Plnee Spokons Waahlnpton 99206 AFF IDAVIT OF cso~ ~z~eoo JAMES OLINGER - 1 ~ - ~ This is a proper case for issuance of a writ of review Z because I have no adequate remedy at law or equity. 3 WHEREFORE, the petitioner prays that a Writ of Review 4 issue out of the above-captioned court directing the Board of 5 Adjustment of Spokane County to certify its record in said 6 proceedings to such court so that the reasonableness and 7 lawfulness of its decision denying the variance required may be 8 9 inquired into and determined 10 11 ` S OLING ~ 12 r 13 SUBSCRIBED and SWORN to before me this 7xty of 14 July, 1984 I 15 ~ NOTARY PUBLIC in rdlfor the State 16 of Washington, residing at Spokane 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 FORD OWENS & NEES P S ATTOfiNEYS AT UW SoutA 323 Plnss Spokane Wuhlnpton 9M AFF I DAV I T OF (soe) ez"aoo JAMES OLINGER - 2 ~ COPY ~ oRIGianL FiLEo JUL 2 71984 SLquw e a ~ srttun cetim. l1~. Z IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON 3 IN AND FOR THE COUNTY OF SPOKANE 4 5 JAMES OLINGER, ) ~ . ~ 7 Plaintif, f , ) NO ~ ~ ~ 8 vs ) SUPPLEMENTAL AFFIDAVIT ) OF JAMES OLINGER 9 BOARD OF ADJUSTMENT OF SPOKANE ) 10 COUNTY, ) ~ 11 Defendant ) ~ 12 13 STATE OF WASHINGTON 14 ) ss 15 County of Spokane ) 16 JAMES OLINGER, being first duly sworn upon oath, 17 deposes and says 18 In 1976 we began construction on our Mobile Home Park 19 at East 7800 Alki At the ti.me the park plans were approved one 20 of the county's conditions was a sight obscuring fence Board on 21 board and grape stake were examples they gave Also at the ti.me 22 plans were approved that said "Future covered accessory storage 23 area." When this was approved, we were told that all we would 24 have to do is get a permit to build Believing this we then 25 decided that alonq this area we would build a decorative solid 26 block wall to serve as both the sight obscuring fence as well as 27 28 the north wall to our storage building Dwight Hume, who worked 29 at the county at that time did not know a solid block wall was 30 sight obscuring and we had to go before the board and they 31 assured him that the block wall would in fact be not only sight 32 obscuring but also sound obscuring fORD OWENS & NEES P S ATfORNEYB AT UlW SoutA 323 PInas SUPPLEMENTAL AFFIDAVIT - 1 spo~ne waehlngton~zos (509) 924 9800 . r ~ We then constructed the wall with proper footings and 2 reinforcements with the intention of that being our north wall of 3 the storage building. We put the wall one foot on our side of 4 the property so there would be no problem with that. 5 We never had the means to build the storage building 6 until this past January 1984 when the zoning director then 7 decided the storage building was too big for Mobile Home Park 8 zoning and that we would have to rezone to light industrial. 9 Both the director and his boss physically inspected the sight and 10 agreed we could build the 4000 square feet When we applied for 11 the permit we found it was considerably cheaper to get a permit 12 for only 3000 square feet. Since we were being forced to rezone 13 we got the permit for only the 3000 feet r 14 We were given the permit, hired help, and proceeded 15 Wlth the building, pouring footings, laying block and etc. The 16 day of the zone hearing came and we were granted the light 17 Industrial Zoning, but they said we can not use the wall as the I$ north wall of the building - we had to come in ten feet from the 19 property line. Our permit for the building was also revoked and 20 we can't even finish 21 22 23 ES OLINGER - , 24 SUBSCRIBED and SWO to before me this ~ rday of 25 July, 1984 26 27 NOTARY PUBLIC in~land fo2`-"e State 28 of Washington, residing at Spokane 29 30 31 32 FORD OWENS & NEES P S ATTORNEYS AT IAW South 323 Pinee Spokane Waehln9ton 99208 SUPPLEMENTAL AFFIDAVIT - 2 (boe) e24-01oo f F iod a fl/~ 6 %4 A 34~ tJ 47 i1A ~ /3 p, ~A~~ ~ av F~ Y ~ ~ P i ~ : , i , _y I goA~~ aF ~a~~srh~~~T 9 ~oa~~ a~ aa~ . BQA1~Q OF ~DJUST'~EPdT IRD OF ADJUSTME9VT BOAft~ (~F ADJUSTMEP~lT I Publ~c ~iear~n PublTC He~ ; ~ P~bl~c Hear~nc~ Pub1iC Hear~na 'ub17c Hearinq PAR I~Y OF R~CORD N PaR i~Y OF RECO~ OTICF PI~RTY OF RECOR~ NOTICE PAf~TY OF RECORD N{}TICE ~ _ ~ ' QF RECORQ NQTICE ~ ~ A ~ ~ APPLICANT S NA~IE: ~ fi. PPLICaNT S NAI~E: ~ , ~ ~ APPLI~ANT S NA,1E. AP~LICANT S NA,1E. f ; ~ ~ u A°PLICATION NU"~ E: . APPLICATION ~IU~~BER: B R G~ AP~L I, T G C'~ ~~N ~~U^~QE'~ J' V APPLICATION NU~IQE~: _ . ~ f ~ I Iw wau~d l~ke to be on r ould like to be on recar ecord in Check one ~ would 1~ke ta be on recc~rd ~n Che k an record in {Check one} I would like t~ be on recard in Che k c one ~ FAVOR FAV'OR ~AV~JR FAVflR P OPPOSITIDI~ 0 PQSITION ~PPQSITION OP~OSITIQ~ . ~ NEUTltAL NEUTRaL NEUTRAL NEUTRAL , i Da ~ ou ~,~i sh Do + au wi sh ta te i ta testif at this hearin 7 D ~ J st fy a~ t Y c~. o you wish to testify at t~i5 hearina. tify at this hearing? Da you w~sh to test~f at th~s hearinq? ~ ~ ~ , ~ Y~S N Y~S ~ _ Q NO ~I ~ YES ND , YES NO , . - YDUR NAME: - !'YOUR NAM~: / ; ~ ~Y R ; ~ OU NA~~~ . /li , YQUR NA~~F: / ~ / ~ ~ ~YOUR A + ~ ~YDUR A~DRESS. r DDRESS: ~ ~ , , YOUR ADDRESS: x % ~ ~Gl(/~Y l J ~ ~ Y~UR A~DRESS; / _ • ~ 1 c~- ~ ~'f~~,~;' o ~J ~ ~ C f ~ ~ ~ p Please includ ~ ease ~ncli ~ ~1 a - - ~ ~ e Z~. ~ ~ Code , ~ - ~ ( ease include Z~n°Cad~} Ple se n ude in ade , I !ase inci ude Zin Gode ) . ~ ~ . r ~ ~ ~ , ' r ~ r'~ ; ' ( /'I , ; ~ d 1 e. ~ ~ ~ ~ , ~ 1 . I ~ r ~ - - ' - - - • ~ - ~ - ~ ~ B QARD QF A~~ ~RD QF ADJUSTMENT BOaRO OF AQJUST~~ENT , ~ ~ BOARD QF ADLIUST"~E~dT BOARa UF ADJUST,~E~lT Publ ~ c Flec ~ 'ublic Hearinq ~ ub ic Hearinq . Pub~1c Heari~c~ P~blic H~ar~nq PARiY ~F R~ F CO PARiY OF ~EC~Ra N~TIC~ 4F RECORD NQTiCE ~ i PAf~TY OF RECORD NOTICE PAR~Y ~F RECORD NQTICE A _ , ~ APPLICA(~T S NA~E: ~PPLICANT' S NAM~: ~ r . , ` ~..~1 APPLICANT S NA.1E. APPLICANT S NAME. OL ZA2,-5 _ ,y' ~ ~ APP~ICATIQN ~V ~ ; - U BE~ ~ VF v - SjV ' ~ ~PP = LIC~ITI~N iVU~~BER: APPLICI~TION ~dUMQE:,. APPLICATION NU~~BER: , , . , ~ I waul~ like to be on recar on r~eco rd i n (Check ane ) C woul d 17 ke to ~e an record i n Check n I would 17ke ta be on recor~ ~n ~Check one I wauld ~ike to be on rec rd in o Check one) FAV~R FAV~~ F . , ~1VOR FAVOR ~PPOSITION OPPOSITION - OPPOSIT~ON OPPOSITI~N ~ ~ NEUTf~AI N~UTf~AL _ NEUTRAL NEUT~tAL , Da you wish to testif at t Y ti fy at thi s heariraq? , ~fl yau ~n~ish to tes~~f at this hearin ? ~ ~ ~ , • Y ~ Da yau wish ta t~st~fv at t~1s h~ar~na. Do 4U rI1Sh ~0 t~S~lf at this he r' ? y a ~nq, YES ~ L,-/ NO YES NO , t~, - - YES NO YES ~ NO ~ ~ YOIIR ~AME: ZZ.- B,A ~ ~ ~ 'OUR NAME: lr~f h . ~ / ~ h~`' Y 0lJR NA.~E, YaUR Nar~E: . YOUR AaDRESS: r ~ OU~ AODRESS: ~ ~ ~ ~ --42 ~ A ep" 1~ , YOUR ADDRESS: . ~C1 ~ Y~UR ~~DRESS: C~ a ' I ~ ; ~ ' ~ i ~i Please inc ~ 4 (Please ~nclude Zin ~ade ~ y ~ (Please ~nc~ude Zi~ Code ~ase 1 nc)ude Zi n Code ) P1e se ~nc ~ e in Codp ~ ~ ) a i i i BO~~~ 0'F AdJLiST~~~NT BOA~D OF ADJUS7~9ENT B~ARD 0'~ AD~UST~I~NT Pub1 i e He r' B~Af~D ~QF AD~11 Pu~lic Hear~ing ~ ~p~ Public Hearinq ,D OF ADJUSTMEP-aT Pub1~c Hea~ iblic Hearinn PAR i~Y OF RE R'~ NOTI PaR i~Y OF RECO~R~ NOTICE C~ C~ P~R~Y OF RECQRD NOTICE , PA~TY ~}F RECOR[ OF RECQRD NOTICE , ~ ~ ~ , r . ~ APPLICaNT APPLICA{~T S NAME. , J,~ a S NAME.; , . ~ ~ ~ APP F ~ ` LICANT 5 NAME. , _ . . , APPLICANT 5 NA,~~. ~ V ~ . ~ ~ APPLICATIQN NU~4BER: AP~LICATION NfJM6ER: ~ . y APPLICATION i~U~~B~R, _ ~ AP _ PLICATIflN NU!N~E~.: , , - - ~ Llr- on recard in (Check one) I I would li~e to be an recc~rd in Ch would l~~e ta be o~ record ~n Check one eck one) I wauld l~ke to be on record ~n Check one 7 I wauld l~ke to be on recar FAV R FAUOR 0 ~AVOR FAVOR OPF ITI N OPPOSITZON ~S 0 . OPPOSdTIO~I QPPOSITIaN i ~ NEUTRAL ~ NEUT~AL ~ ~(EUTRAL ~ NEUTRAL ~ ; p+ ~ao you wish ta testif at this h~ r' 7 ~ a ~ou w~sh to test~fy at th7s hearin~. , , y a~nc~. ~ Do ~ou ~rish ta testifv at t~is hear~n ? , ~ ~1 Do yuu wish to ~estlfy at t ~ ~ rES - YES , NO NO tifv at this hea rinq? ~ N a ~ Y~S N~ I ' ~ , YES j ~ ~ w ~ h , I~ Y NA, E: ~ ' . YOUR NA~~E: I ~UR { c ~ ~ ~ ~ , YOUR N~.~E. ~ . . ~ - ~ . ~ ~ + YDUR NAP~E . ' ~ ~ YOUR ADQRES : YOUR ADDRESS. ~ L ~ • ~ , /l.rc~.,.~.v-~ r , YOUR ADDRESS: ~ C YaUR ADDRE S: 4 J r~ e~ 7 t ~ ~ • _ . ~ ~ . P ease ~n ude Zi. C ( leas~ inciude Z~ Code c ~ oe n ) ~Please ~nc~ude Z~n Cade ] Pl ea~e n L Gicu ~ *nca~de Zi n Code f,J ~ ~ ~ I . ~ ~ I , ~ . , . Af-F I DAU IT U' flA IL 11.6 STATE OF WASHI(iGTON ) ) SS COUi`TY 0F SPOKAiVF ) I, Paula Miller, Zoning Ndjustor/Board of AdjL]~,'1:`'. Bei ng fi rst duly sworn on oath, deposes and says : That I am a ci ti zen of the United States of tjr<<_ ci ~t, ~ ~(i~-~ ~~~i~~: of 'vlashintiton, ari d ove -t- Lhe ac;e of eichteeri ;ears. Tt1dt 011 Lfle Utfl Cjc'iy U I States mail at: the Spokane Count%,- C,o~art1 ~c-, Ci-i with sufficient lst class postaye prepaid, a*Lr,ue_ arid cur'i,ecc cuNy oi 1,11L: ;4u7i~L IJ: HEARIiVG, a copy of which 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 and to Parties of Record in attendance at the Zone Change Hearinq, for File ZE-29-84, who have been found to own property within a three hundred (300) Oeriphery of the applicant's controlled property. The notices were addressed to those individuals and sent to those addressed as indicated on the attachment attach.-(', hereto and incor orated herein by reference. n~,TEn TITT*nAY ~ S~ OF 19 . ?7*&^001 SIGNATURE Subscri b and swo rn to me thi s ~ day of- 19 ~ . Notar ubl '"in anp for S ane County, Was n9tolsi did9 at S ane, Washin9ton ' ~ ♦ I . • ~j~,~ ~ ~ " A ? • - ~ . e •Ar Sf{~T pp LAND FILE ~ Llr"OLL CPURDS fMq(1iSTSD HZ PR0tLr . Rt'I~ CHARGE TO 590301 ;oGE sEC. `T IQ Q, eLK,_Lor K ` 7 1)110 1 ♦ : 0 9 L ~ ) ~ C,+ ~ • , 9 . TAIJ . Cha rge to 590301 , K oypqnch 1aQtzZtc, tiQnn . ~ ~ . 'col. 1 ia a quoto marlc ( numeric S , c0150 2-4 ia conotant "691". cols. 5- 13 ia numric uith b7,ai-Jca ncczptable Do not zoro f 1I1., col. 14 lo a quote mark (numoric , Identify and separate batches for computer room. ~ c 1 Th i s job i s schedul ed to run on F ri day i n the computer room. Forward date to the computer room `or orocessing. t Return these slieets to the Planning Department - Zoning _ Section upon completion of Keypunching. ~ - ~ , 1 I ' . -"i . 1 e' ' ~ I CQd iroz emAlo a ~ C_ /I . , , 1 - sEC. r. R. o. aLn.-LOT lO i) ' - 0 O 1 Parce 1 numb3r 32541-0801 onZ,y ~ 12, 54 -0 O Parcel riumbere 32541-0800 thru 32541-:3809 G 9 t 4• Pn.rcoi rnumbora 32541-0300 thru 32541-0899 c o ~ ' - 'U' ~ - ~ HE 1J4 ot 53c. 32, twP• 25, rga. G.4 - , , • - , - All of aoc. 32, twp. 25, rgo. 44 r ✓ 4- A1T ot twp. 25, rgo. 44 6 9 1! 11 o f rge. 4.4 Sectfons vithln Tounahio an e 3 09 10 I 1 12 . . ' 129 0 02 O1 7 i6 15 1,4113 ~ 0 2I 22 2 1 f3 6 z , , . 31 2 6 , l ~ - . , Qunrt.or r.oations 6 9 • uithin ~cL3on . ~ . 2~ 1 . 1 . ' o j4. . ' 3 C . , . , . , . ~ . • • A% g } r, ~ LAND FILE 1"OLL C PUR D 5 , MQtRZ= BY ~ . PEiolily ntT 9 CNARGE TO 590301 . J~CT :OGE SEt. IT A 0, pLK.-loT K : 7 ) io 11 • ~ ~ , . e 9 1 ~ .LJ~ ~ ~ 0 9 1 ~ ~ ..L~~ ti ~1 ; ,t_ • - ~ 9 ~ 1 ,...~.1..L.~~"c- z,:_~~:~• . V Cha rge to 590301 KovEunch igQtxztctiQna ' Lq col. 1 ia a quoto m,rlc (numeric ~ , col'. 2- 4 ie conatant "691". 1/~~~i` i:` ,Y ► col3. 5- 13 ia ntiu:eric uith blanlca acx,aptable Do not zoro fill'.. col. 14 13 n quote mark (numoric "H"). 1....~ J-J V ~ ; ~ 1_,~,~- ',~n►~ Identi fy and separate batches for computer room. ~ This job is scheduled to run oii Friday in the computer room. ~ Forwar~i date to the computer room ,or orocessing. Return these sheets to the Plarii}ing Department - Zoning Section upon completion of Keypunching. ~ ~ ~ ► ~ , . ~ . ~ :~2.....~ ~ .r . ► ' ~ - i ~ ' ~ l ~ ► t i 1 ~ • ~ ~ ~ 1 1 1 ~ CQd jRa en Plo 3 + 5 EL . Ir. a. a. s ILK.- Ws i lo 6 ` 0 L Parcel numb-3rr 32541-0801 only ro 9 L 12151411-0 O Percol numbvre 32541-0800 thru 32541-0809 Y ~ I , i t ' 3.2iS,4 ii -0, 8, Pnrcal rnia,bora 325.41-C800 thru 32541-C899 ~9 1~ Ns 1/4 ot 6ac. 32, twP• 25, rga. 4.4 -321,~i All of aoc. 32, twp. 25, rgo. 44 ~ ~a~. AlT of tup. 25, rgo. 44 1111 Of rge. 44 So c tf oas vi t hl n Touins, hio n e , .2 o610,5 0 02 Ql 07 1 C3 10 I1 12 ~ ' { 1►=--! ~ 18 117 1-16115 1 1 19 2012I~2212 ' o zq ~1 26 z - " . . • ' . ~ , 31 3~ ; 33 6 ~I ► ; _.f (uar t.a r co c t 1 o n.s withl n --%ec L1 o n a 1 . , 3 ~ 0-3 . . . ; _9 _ A 0~ S C R I P T i~ fV 1~ I S T JUM1IE 6, 19~ L ~ G L E b• 1984 SPQKANE CQUNTY f~EAL LAND ~I~.E ,I A ~ ' ~1 ~ ARC~~. Cs~U E T AXPAi ER ' F L. GAt, 3~5~;~ IPTIC~ti! ~ifi P~fl?EP~Y YAX~AYE~ t~ ~ NIJ±~~~~ ~~1M~E~ ~SS~SSwa ~ N, F E . - ~ _ _ I l ` 1S 25 44 PT L3 i'N SW1I4; ~tiNGER JAMES ~ r 18543-9~}59 7b11~4f~159 J ~ fl~ IIVG.. J A1 • ` S D F FT 'V f?~ SI~CC~~ TN N T~ ~'fi 3'~7FT ~ f~F ~iI~COa TH ~1~~1FT TH N 49?? SI~'PLE ~ ~ _c sl~ _ _ SIPPLE RD E WA 99206 J A M E S U. r~ ~H ~l~~~i` TH S~i~T TFi ~~C~ PT 4~~~t ~ f~F ~i LN T~ S T~1 PT ~PCIKA!~~ ~A 1~ ~ . F ~ i~ E LN T~! 4~ Tf~ P~8 r ~I~~T N i' S LN ~~~5 _ . - . _ _ _ _ n . _ , P ~ N ~ _ = I W ' ~~LiN~~R JAMES ~ 18543 5~.5~ 73~7713t~?26 J 0~1LII~GER 18 ~5 44 L S 1/ , i~ 5:?FT S QF ►V CDR TH ~CI~T S526.5FT TH W8~5FT ~Fi N Tf~ PT 15f~FT N 49~.2 SIPPL~ 8 EG 1 E 5I PP LE RD ,5! c~~ n~ w ~ ~8~~r ~ n~ w ~ tt~ ~n~; ~~cc ~~z~,~F~r ~P~~~~v~ wa s ~ : _ E WA 99206 iL.AVER NE E .:B'~ OADWA Y A V E ~ _ ~ ~ . - ~ ~~~~r ►~t~~~~ ~.AV€~~~ ia~~3 ~7z~~~~ L F ~IHLK~. z~ z~ _~~~r _ ~ ~ 4 ~ ~~~s ~~a~ ~a~~ 513;~F~' ~}ISsFT ~lf L3 I►~ S4ril _ CPC?KA~1~ WA ~ WA 99206 'I` ~ ~ L 4~ 25 44 PT ~F L3 I~ SW1/4 nD~LL Df?NALD ~ ONALD G ~~543-9~?54 2711798 D G ~~ELL ~ . _ - , , _ _ • _ _ _ ~ ~ ~i' f~'?2 E3~C'Af}Wt ~F~S~~ !1F b~3~5FT f?F .~i3~~~ flF C~1~f~FT f3RC4DWAY AVE _ : SP~?K^~P~E ~(A „ F WA 99212 ~ . _ - . , ry N~Ii~ASKI FDWARD 18543-9fl55 82~10256933 RICH.ARD ~ID~dASKi I~ 25 44 N142FT G~ EI5..F F OWA RD P ` BROA DWAY AVE ~ r~~ w c~ S~ll4 ~ ~516 ~~naDw~ ~o SPPKANF WA F W A 99212 ••f a .I I f, ~ S~U~HLAfd~ C~~tP° ~ i8~~+3-9~'?5fi 78~J`~l?~Z3~ SLU1'NL:A~l~f EM~ ~R 1B 44 ~T t.3 ~F 5~d1I ND CORp #1807 1 ~ H ~~F~ TH N14ZFT 1'~ W15!'FT ~~i~8 ~i ~ASKEL~ C~~G ~'ir ~114 C'~~t SFC TN Si4~FT T~~ _ ~ ~ALl.A5 TX H AS K E L. 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K RD ;A ~ A ~ 5~~3KAN~ ~ ~ - E W.A 99216 ~ "'~C G 1 NN I S~~ LV1 , 18542-9311 840~?225142 M'~LVIN MC ~INN~S 1€~ 2~ k4 W~3~F~ OF N15 F (1 F ~7F '1 2[lF Sl~ AC ~]F L~ OF IVW1/4 ~XC. S7 E Tb!~5 BROADW~ IS ~ELViN gRaa awa Y AvE ~ F D ~ 2 OF 517. T 1/ / _ KA►V WA S - E - IE 992(36 t , I8542-9►~12A 9b4~6{~B C~~RIS'fIN~ FLITO 18 25 44 E1/2 W1/~ QF C~~ISr~Ni S1'!~ n~ G~V LT Z 0~ NW ~ XC ~18~~ ~ 5~~ ~F S~~ EX S~' b A~ +C 1! E F N~ 17 C ~ 7 15 ~ R Q bW HFIST iNE M ~ BROADWAY AYE - .S T~X FXEMPTIf'IV PURPOSES ONLY SPf1KAt~E WA IE WA 99212 ~ _ ! 1 542-~~`1~8 964~'1~r~1~ CHRISZI, E~ T ~ 44 f?F T 8 N [.I f? ~~3 2 ~11~ ~di12 ~Li~!~ ~;~~IS i~1 HRi STiNE 114 t,~ BRDA DWAY AVE 3' E ^i ~ 1 ~ , ~~nt c~na ~ ~l?+ S1 AC C~~ G_1 Z C!F !~~114 ~1(C ►~t3~ Cl~ Ni.. - .F 5~7 ST F 76~~ ~3RDADW~ _ S~t~K~N~ W~ IE wa 99212 ; r 18542-912~ 793!~2I37E~4 A flO~iNI~CCE~.LI 18 25 44 E13~lFT aF S1l~~T CGL ~iTG ~I ~ ~ ~ ~F _b~I.I2 ~'F F1/~ C~F GQV L~ IN N'W114 EXC E15~FT E XC ~?~,FT 3~82~1 ~ I ( ~ ' i ~ ~ ~i ~ " X~54~`-9123 79~~21~7~9 A~O~JI~~~C~LLI 2„ f4 W1r'? ~1/2 ~F ~;~NU~GC~~.t,~ A t_ Lt n ~AC n~ iN ~/4 Ex El3~F~ C~~ ~7(?~~ E~ l(f ~15~1' ~~Xt" 13 0 ~~I f - _ ~ ~ _ t~ 2 ~ ~ ~ ~ ~ ~ ~ t~l~! T~ J MONTGOMERY 48_ , i FT X WTS~T ~~i f} 1' (1 7CFT _ S21 & E ~ . F 15 ~ F~1 SP(~KANF ~IA , kF WA 99206 113 4 ~`~---1~54_2-9119 _ 253~193__..__.___M_~Ch~I'~E~_?~_I. ?5 44__-~1_~SFT _~}F _W~l~ ,QF ~HI"~~NT~ ~IIK~ s _ ~ ~ ~ ~ c~~ , z~ac a~ ~ov ~.c~~ z< a~s~ w~+o~~ ~~t ~7 ~c _ ~ s ~~~r. n~ ~.z ~ ~~ny ~~r~a~~~ I M TKE ~16 BROADWAY AVE ~ . r, ~ o r ~~~1 ~ IF WA 99206 I M AR Y _ IL _ 1 2_ 5A 87(l 9 M Y ~ 854 913 6 C A~ F1~R~L~1 18 ~5 44 E2 1/~ AC QF ~IQR_LLI ~4ARY i ~ S14~ AC QF l.2 f~~ NW114 FXC W6~FT TAX ~XFl~PTION PURP(7SES O~LY ~ 7821 P1RC~4DWI 8 BROADWAY AWE . . - 5P(~KANE W4 ~E W4 99216 r'' 78542~91~5Q f3Tt3b9C ~?~RY FI~?~EL~.I 1. ~5 44 E2 1/2 ~ S!3 A t~~t ~3 1 ~ '~F I ~ Ll.1 ~ AR Y I MARY ~ C~ ~ C?~ L~ t1~ : wll4 XC ~~~~T nA W~ ~w---~.~..:w.~.~_____ L N ~ 7~ Z 1 B R,. ~1 _..r, _ BROADWAY AYE ~ F s~a~can~~ wa fE WA 99206 , ~t, C~ ' 18_542~~124 79(}d2~3TE~8 A B0~lNUCCF_LLI l8 ~5 44__W75~T ~115±~Fr ~ ~nNIJrCF~L~i A _ L L I A I:i ~~'~~FT ~ ! t~F ~ A C~F ~ 4 F ~ R~]7 Mf7. . S C~ 1~ F1/Z S1~ C l.Z ~N W1/ .N~'f~( 7 MONTG04ERY #8 S~1~KAtV€ W~ _ _ _ _ _ IE WA 99206 19542-9~44 7~~~I92564 R~ A INVT 1~-~5~44 S142~5' QF A[NV~STMF~ NVESTMENTS ' ~ z ~I179.2' nF W~/~ QF S'~1/4 ~F SE114 QF NWI14 ~XC ~t~5 N 49'?T VIS~A 1 VISTA VIEN CiR ~ CPCJK!~~lE k~A _ NF WA 99206 1~542-9t4~ ~~~?~2l~36Z PA P~, PART -4~ " F M AC~ 18-?~ r~~I~ CJ ~~].!4 ~iF I.INC ~F SAV ~h ~F SAV BK Jb ~ l dt1 , f4~3~ p~W11~i X~` ~ 79 ~ t 4~}~ S y/`4 {`~F t 5ry4 7 f V ~ L. J l 1. f 1 Y 1~ i L C~ ~ i~ l i r~ 1, V l. 7 . 1: ~ _ . _ . _ _ _ ~ S~114 ~F ~IW11~+ E N1/7 C~F S2~?~c ~F E~R C~F 5~1114 ~F SE1/4 OF ~JW114 ~ ~6 ~s EXC ~DS ~4 ~ ~ar _ _ ~ is~~~-~~►~~~ ~~~~z~~4~~ ~ ~ s~ ~ ~~a~ ~~na~~aY ~ ~r i~r ~u ~ vt~~ sJ~ ~l ~ TG t~ ORP EXf~ ~T ~3~'l43~i7 ~ ~ , A~'~ ~ S 4 ~1 P_ F F , ~ l 5 3-~4 b 5~1~3T~ H~1 N~ ET _T f~ROAQWAY VIF~I SUB ~2 P_~TEl' I~UGH ~ ~ 7~3~?8 ~RC~A W~ HUGH B E D SP~IKANF WA _ - - ._m~..~.. n _ _ . _ BROADWAY AVE F WA 99206 _ 5r _ _ 3 _ ~ ,:I _ ~~543~'14~7 ~4~~4~?~ ~A~,PH SC~1R~~~~.I 8~~.~f~~"AY Vt~W SUB L3 S~ARPE~.~.I RALPF L I R A L P N FEFiFIELD DR E~ F~ ~ 4~.9 EL _ _ ^E S~~# JO~E CA , 3 S E C A 95129 '5'~G 16543-(}4~~i A~J~?241816 0 A S 0 P A~BBS BR.f?ADWAY ViFW SUB L4 ~R~S D4LF A ~b ~ _ _ _ _ _ _ . _ ~d-,, F 77~6 ~f~~AD4rp L F A ~*-A BROADWAY AVE ~ ~c; : ~ , SPG~KANE WA ~ h~,. , E wa 99212 ; _ _ _ _ _ _ _ _ _ _ _ _ , 18543-!'.4~?p 79f3!l~2(?42~ J F 5TAl~ BURY aF['A~WAY UI F~! SUF ~5 SPQ MTG ~ ,5; ~ rE, . ~ l~ " 9 ~D no~4e~ ~ ~ ~1 ~ r ~ - 907 ' 71 . _ ~~_543-t~41~i ~3~~72b~~78 ~f~[~N L'~4~~ ~~,~"A~~iAY PANCS~~4R~ MT~ r,j j 7 ~ W SU~ L6 S J~! ~ ~1445~5 . i ~ ~ ~ ~ . . . ~ . . RESMTG C7 0 ~ f / ~ A~~~~r~.~ < 74 . ~ ic ~ ~ . . ~ . . 1., - . . ~ 8543-~+11 4~4;J85~ L M QW R.A ~ A ~ ! 7 Q NKQ M E ~[l D~ Y VI _W S J6 L E_ W~ LI US - N K C?U5 NU ~ ~[lX I135~ ~ 356 SPOKANE WA E W'A 99211 I . ! { ~ / STAFF REPORT DATE MAY 1, 1984 TO HEARING EXAPiINER COrIMITTEE FROM PLANNING DEPARTMENT STAFF SUBJECT ZONE RECLASSIFICATION NUMBER ZE-29-84, RESIDENTIAL MANUFACTURED AOriE TO RESTRICTED iNDUSTRiAL ZE-148A-80, CHANGE OF CONDITIONS IN RESTRICTED INDUSTRIAL ZONE VE- 36-84, VARIANCE TO SIDE YARD SETBACK IN RESTRICTED INDU STRIAL ZONE note All three items will be heard concurrently by two separate Boards The f irst two items, ZE-29-84 and ZE-148A-80, wi11 be heard by the Zoning Hearing Examiner Committee The third item, VE-36-84, will be heard by the 2oning Ad3ustor I GENERAL INFORMATION APPLICANT/OWNER J D OLINGER REQUESTED ZONING ltestricted Industrial BXISTING ZONING Residential Manuf actured Home (est in 1971) (with Airport Overlay and (with ASA Overlay Zone) REQUESTED CHANGE OF CONDITIONS The sponsor is requesting the deletion of Condition #1 of Board of County Commissioners Findings and Order for zone reclassif ication #ZE-148--80, which requires specific plan review by the Hearing Examiner Committee prior to development Applicant requests the change to gllow detailed plan review by the Zoning Administrator REQUESTED VARIANCE To allow a Mini-Warehouse etructure to be within one foot from the side property line, whereas, the Zoning Ordinance requires a 5-foot side yard setback for each story of the building PROPOSED USE Mini-Warehouse EXISTING USE Vacant with existing retaining wall one foot from side property line SITE SIZE 25,500 Square Feet ~ ZONE RECLASSIFICATION NO ZE-29-84 ZONE CHANGE CONDITION NO ZE-148A-80 VARIANCE NO VE- 36-84 I GENERAL INF4RMATION (continued) COMPREHENSIVE PLAN DESIGNATION Industrial PRIORITY SEWER SERVICE AREA Yes AQUIFER SENSITIVE AREA Yes PROJECT LOCATION Generally located east of and adjacent to Park Road, approximately 450 feet west of Ella Road and approximately 130 feet south of Broadway in Section 18-25-44 II BACKGROUND ANALYSIS 1) COMPREHENSIVE PLAN The pro3ect lies within the Industrial category of the Comprehensive Plan The Comprehensive Plan Text suggests buffering be used between uses, and it may be implemented through change in intensity of uses, spatial setbacks, or through other innovative ideas such as landscaping Decisions for approval of industrial sites should consider any negative impacts upon adjacent existing developments Staff would recommend tall growing, mature trees be provided along the north property line of the new zone change as well as along the property that was rezoned in 1971 With regards to the requested Variance to the setbacks along the north property line, staff is concerned that the Decision Guidelines of the Comprehensive Plan would not be followed, ff a structure at the height the applicant is proposing were approved 2) ZONING North Agricultural Suburban, Established, 1959 I East Restricted Industrial, Established, 1980 West Residential Manufactured Iiome, Est 1971 South Residential Manufactured Home, Est 1971 2 t-'"N ~ ZONE RECLASSiFICATION NO ZE- 29-84 ZONE CHANGE CONDITION NO ZE-148A-80 VA1tIANCE NO VE- 36-84 3) HISTORY OF LAND USE ACTIONS The property under control of the applicant has had a long ana colorful history, dating back to 1971 The eastern portion received approval in 1971 for a manufactured home park and has developed as such Contact has been made with the Zoning Investigator over the years for this project by the adjacent residents for a variety of reasons In 1980, the sponsor rezoaed the eastern portion of this ownership to Restricted Industrial A condition of approval was for a 6-foot sight-obscuring fence to be installed along the north portion of the property The sponsor did extensive grading of the site, lowering his property some 5-6 feet below the adjacenC lands (complaints were received on this matter) He then constructed a retaining wall to stop erosion of the ad3acent lands for the western portion of ownership as well as a 6-foot cement block wall on top of the retaining wall (again complaints were received from ad3oining residents) In January, 1983, the sponsor requested a Change of Conditions to eliminate the fencing requirement for the western portion of the site Both the Hearfng Examiner Committee and the Board of CounCy Commissioners denied the request The fence (cyclone) has been ins talled 4) LAND USB Site 58-Unit Manufactured Home Park, Outside Storage and Vacant North Single Family Residential East Single Family Residentisl South Vacant 1 West Undeveloped, Mining ~ 5) NEIGHBORHOOD CONSIDER,ATIONS The site is located in a mixed area, with single family residential to the immediate north, and two houses to the west Mining (Acme) is located to the southwest, with the south areas primarily vacant 3 . ~ ZONE RECLASSIFICATION NO ZE- 29-$4 Zt?NE CHANGE CONDITIQN N4 ZE-14$A-80 VARIANCE Nt3 VL J V-V4 III SITE ANALYSIS 1} SITE CHARACTERISTICS AND C09SIbERATIONS Site has variety of usea Manufactwred Home Park, outside storage of equipment and materials, 8nd has access f rom both Park to the west and Ella tu the east Staff recommends that if the mini-warehouse is approved, the general public be required to access the site f rom Park This would require a paved access driveway f rom Park with the advertising sign along Park 2) AGRICULTURAL SUMKARY The area has been committed to Urban type development by the Soil Conservation Se rvice, U S Department of Agriculture 3) SITE PLAN INFqRMATIQN SITE SIZE Approximately 25,500 Square Feet EXISTING BUILDINGS None PROPOSED BUILDINGS 1 Floor Area 12,500 Square Feet Two St4ries 25,500 Square Feet Structure Height ZS 5 Feet (as per site plan submitted by sponsor) PARKING AREA Parking Required 9 Parking Provided 8 nate Site Plan submitted ehaws two design alternatives for the building Both are measured f rom the residential resr yards at their grade elevatian The f irst propvses a building with parapet roof at a height of 21'-6", set one foot from the property line The second proposes a building with gable roof with a wall height of 151--6", set oae f oot f rom the property line Ynf ormation of the height of the etructure at the apex of the gable roof is not provided 4 e ZONE RECLASSIFICATION NO ZE- 29-84 ZONE CHANGE CONDITI4N NO ZE-148A-80 VARIANCE NO VE- 36-84 III SITE ANALYSIS (continued) BUFFERING TECHNIQUES The sponsor has not indicated any buffering for the residences to the north He proposes a decorative block wall ranging f rom 151-6 to 211-6 , depending on the design approved by the Hearing Examiner Committee Some landscaping is shown at the southeast and southwest corners of the building for the residents of the Residential Manufactured gome Park OTHER SITE PLAN CONSIDERATIONS Due to the uncertainty of the materials stored within the mini-warehouse spaces, the sponsor should be made aware of the Aquifer Sensitive Overlay Zone and its measures for aquifer protection, specificallq measures dealing with wastewater disposal, spill protectioa measures, and stormwater runoff The County Engineer is requesting a 4-f oot additional dedication for Park Road as a part of the Change of Conditions to ZE-148A-80 IV CONCLUSION The project is within the Industrial category of the Comprehensive Plan but does not demonstrate any efforts to mitigate the impacts to the residences to the north, other than a cement block wall 15' to 21' in height The Zoning Adjustor is charged with the responsibility of deciding on allowiag said wall to be located one foot f rom the side yard The Zoning Ordinance requires 5-feet for each story of the building (story is def ined as not exceed3,ng 16' in height f rom the top oF the foundation to the roof ridge line) The requested Change of Conditions to allow administrative review of site plans at building permit etagea is consistent with past zone change approvals 5 ~ ZONE RECLASSIFICATION NO ZE- 29-84 ZONE CHANGE CONDITION NO ZE-148A-80 VARIANCE NO VE- 36-84 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 That prior to release of occupancy permits, tall growing, mature trees be installed along the north property line of this rezone (ZE-29-84) application, as well as along the north property line of the Change of Conditions, ZE-148A-80 2 That access to the mini-warehouse for the general public be f rom a paved driveway to Park Road 3 That a f ree-standing identification sign be limited to the western portion of the site along Park Road 4 The Zoning Administrator shall approve a specific exterior lighCing plan for the approved area prior to fnstallation of such lighting (Such plan shall attempt to conf ine illumination to th8 area with full consideration to ad3acent properties) 5 A specif ic landscape plan, planting schedule and provisions for maintenance acceptable to the Spokane County Zoning Administrator shall be submitted with a performance bond for the project prior to release of building permits 6 The applicant shall develop subject property generally in 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 development plans ahall be maintained 7 The specific development plan will be submitted for Planning Department review and approval prior to issuance of building permits 6 ZONE RECLASSIFICATION NO ZE -29-84 ZONE CHANGE CONDITION NO ZE-148A-80 VARIANCE NO VE- 36-84 a) COUNTY PLANNING DEPARTMENT (continued) 8 All current standards of the Restricted Industrial Zone, as arnended, shall be complied with in the development of this site 9 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 measures for Aquifer protection, specif ically, measures dealing with wastewater disposal, spill protection measures, and stormwater runoff 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 provfsions 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 13 A proposed declaration of non-significance (a preliminary decision, which may be reversed, that an environmental impact statement, an EIS, is not needed) has been administratively issued This insures the applicant of a timely processing of his/her proposal at the time of the public hearing BUT, a ma3or purpose of the public hearing is to aff ord the opportunity to present the decision makers with information as to whether or not a potentially SIGNIFICANT ADVERSE impact upon the physical environment will result f rom implementation of the proposal, thus resulting in thg need for an EIS However, all extensions of time and most "change of conditions are exempt f rom the provisions of SEPA, check with the Planning Department staff if uncertainty exists 7 . ZONE RECLASSIFICATION NO ZE- 29-84 ZO[JE CAANGE CONDITION NO ZE-148A-80 VARIANCE NO VE- 36-84 b) COUNTY ENGINEERING DEPARTMENT P rior To The Issuance Of A Buflding Pe rmit 1 Applicant shall dedicate 4 feet on Park Road for right-of-way prior to any use of the property 2 Access permits f or approaches to the County Road System shall be obtained from the Spokane Couaty Engineer 3 Applicant shall improve Park Road in a manner consistent with Spokane County TYPICAL roadway section No 1 minimum paving width Major Arterial Standard 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 surface water disposal plan for the entire project prior to the issuance of any building permit on the property 6 A parking plan and traffic 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 traff ic engineering practices Paving or surfacing as approved by the County Ensineer, will be requfred 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 succeasors M 8 The construction of the road improvements stated herein shall be accomplished as approved by the Spokane County Engineer 9 All required improvements shall conform to the current State of Washington Standard Specifications 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 coristruction, unless otherwise approved by the County Engineer 8 • ~ N . F ZONE RECLASSIFICATION NO ZE- 29-84 ZONE CAANGE C4NDITION NO ZE-148A-80 VARIANCE NO VE- 36-84 b) COUNTY EPtGINEERING DEPARTMENT (continued) 10 Roadway standards, typical roadway secttons and drainage plan requirements are foundiin Spokane Board of County Commissioners' Resolution No 80-1592 as amended 11 Applicant is requesting a Variance f rom Section 4 11 090-(E-2) This Variance, if granted, would permit the construction of the proposed mini-storage facility within one foot of the property 1 ine Spokane County Drainage Standards require that stormwater runoff f rom impervious surfaces be retained aad disposed of on-site This will be required of the applicant at the time an application is made f or a building permit for the proposed storage facility 12. It should be noted that the roadway improvements epecified for Park Road were also required f or ZE-148A-80 A portion of that ~ zone change is now affected by this action c) COUNTY UTILITIES DEPARZ'MENT 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 Hea1Ch District and is further conditioned and sub3ect to specific application approval and issuance of permits by the Health District 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 f ormation of a ULID by resolution method pursuant to RCW Chapter 36 94 which includes the Owner(e) property PROVIDED, this condition shall not prohibit the Owner(s) or Successor(s) from objection to any asaessment(s) on the property as a result of improvements called for in conjunction with the formation of a ULID by either petition or reaolution method under RCW Chapter 36 94 3 Any water service for tbis project shall be provided in accordance with the Coordinated Water System Plan for Spokaae County, as amended 9 t ZONE RECLASSIFICATION NO ZE- 29-84 ZONE CAANGE CONDITION NO ZE-148A-80 VARIANCE NO VE- 36-84 d) COUNTY HEALTH DISTRICT 1 A combined surface water and sewage disposal detailed plan shall be approved by the County E ngineer 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 Off icer, the use of an individual on-aite sewage system may be authorized 4 Water service must be coordinated through theDirector of Utilities, Spokane Couatq 5 Water servfce 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 e) COUNTY BUILDING AND SAFETY DEPARTMENT 1 The isite is located in Fire District # 1 2 The proposed structure will require some revisions to provide the required fire flow for this structure Having calculated the fire flow requirements based upon the presented plan a f ire f low of 8,900 g p m iB required f or this complex, I t appears that f our (4) hydrants will be required 10 w ZONE RECLASSIFICATION NO ZE- 29-84 ZONE CHANGE CONDITION NO ZE-148A-80 VA1tIANCE NO VE- 36-84 e) COUNTY BUILDING AND SAFETY DEPARTMENT (continued) 3 A water plan showing location, size, etc will be required for approval The hydrants shall be installed prior to the building permit, and construction of the complex Each hydrant shall be capable of flowing a minimum of 8,000 g p m at 20 p s i residual when any two (2) hydrants are flowing simultaneously These hydrants shall be placed so that no portion of the building exterfor 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 d rivfng surface of not less than 20 feet of unobstructed width with adequate roadway turaing radius (20 feet and a minimum 45 feet outside) capable of supporting the imposed loads of f ire apparatus and having a minimum of 13 feet, 6 inches of vertical cleaarances 4 The development shall be provided with at least two points to the public street The access locations shall be approximate opposite ends of the developmeat 5 Approved numbers or addresses ehall be placed on all new and existing buildings in such a position as to be plainly visible and legible f roim the street or road f ronting the property Said number shall contrast with their background 6 Reclassification of an existing building shall require an application for change of occupancy permit and subsequent inspection for approval 7 Due to the sensitive storage requirements over the aquifer, and this site lies within the Waste Water Management area, we feel that some language should address the possible storage of flammable or critical materfal within these structures 8 Trash enclosures shall not be located adjacent to combustible construction or underneath windows or nonprotected eaves 9 A land use permit will be required for each structure 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 Satisfactory arrangements have not been made to serve this proposal 11 NOTICE OF PUBLIC HEARING SPOKANE COUNTY BOARD OF ADJUSTMENT APPEAL HEARING IN _THE MATTER OF HEARING DATE Appl icant James Ol inger ) WEDNESDAY, JUNE 209 1984 9 00 A M N 4912 Sipple Rd ) Spokane, WA 99212 ) N 721 Jefferson St , Broadway Centre B1 d4 ) 2nd fl oo r, Conference Room Appellant Same ) Spokane, WA 99260 ) File No VE-36-84 ) Any interested person may appear before the Board of AdjCenerall located east of & a acent Park, ustment y d~ ) Road, approx 450 feet west of Ella Rd and approx 130 feet south of Broadway ) ADDITIONAL INFORMATION Contact the Avenue in Section 18-25-44 ) Spokane County Planning Department at ) 456-2205 Request To allow a variance ) from Section 4 11 090 (e-2) of the } Spokane County Zoning Ordinance to ) al low for a 1 foot si de yard setback ) in the Restricted Industri al Zone, ) whereas a 5 foot setback for each ) building story is currently required ) The variance would apply only to the proposed mini-warehouse and storage bui1 di ng p roposed to be devel oped under files ZE-29-84 and ZE-128A-80 ) Zone Restricted Industrial ) ) PROJECT DESCRIPTIOW This project was origi nal 1y submi tted as a combined zone change recl assi fi cation , change of conditions, and variance request at a combined hearing of the Zone Hearing Examiner Committee and the Zoning Adjustor The reione from Residential Manufactured Home to Restricted Industri al was appnoved by the Hearing Examiner Commi ttee The change of conditions to allow administrative review of site plans in an existing Restricted Industrial zone, was denied by the Hearing Examiner Committee The variance request, to allow for a one foot side yard setback in the Restricted Industrial zone for a Mini- Warehouse Faci1 i ty, was denied by the Zoning Adjustor Findi ngs , Concl usi ons and Deci sion of the Zoning Adjustor, dated May 17, 1984, denying the variance are contained in the Va riance File VE-36-84 On May 25, 1984 the applicant, James Olinger, appealed the Zoning Ac~j ustor's denial of his variance request Reasons cited for the appeal are al so contained in File VE-36-84 The requested variance was proposed to allow an existing concrete block fence, located one foot from the si de property 1 ine, to be used as a structural wal l for a proposed Mini- Warehouse Faci 1 i ty Testi mony reveal ed that a November 15, 1976 deci si on by the Board of Adjustment specifically prohibited the block fence from being used as a structural wall without approval by the Zoning Adjustor through a public hearing so ,t r a ~ ~ ",t,oign ~~~n►cLL 0~ y M a. x w~, Z , P ■ am ~ U ti `,~Q 4 ~ `0 N Z tY. »w V ~ 1'~L'• O 1- ~ 316- Pk }1r~P rl~ ~..~i ` 4 1 if ~ ~ w4 ~~N tr a O~a~ o~~= iit~►r~♦ G v/at~s• R,~► d ~P tG R ~ ~A , ,~S7 ....A ~ ^.eo ""r 3S ~ , ~.~T'• aR n N : 2~12 ~ ~ ~,da~ - • ' A C~ur► ~ ~ ► - _ ~ A ~ • , cc .01 G ~ t¢~~ 401, ~ t f{ a • g , ~r}i~ v N~ ~ ~fOr1U~ ~.'104~ a ~ , tZ 3 Tr . ?'N . ~ ''r s ~ ' . ♦ L1 • s Y OFFICE QF THE ~ ~ } ~ ' ~ ~tR F" I \ I f~, ~S. 't I01 4 PLAlVPJING DEPA;TNENT , ~ - DATE -5 2 ~ , 1954 SPOKANC COYNTY COUpT MOYSC To: FRW. sLIBJECT ~ ao ~ 404,00 i ~ . G~ r(l) cq,~;~ I ~ / = INTEROFFICE P'1Eh10 = MD10RAND1JM (f'HECK OVE 80X) 1 SPOKANE COUNTY PLANNING DEPARTMENT APPEAL REQUEST FORM Name ~,Iyvx Today's Date ~ PLEA E NT Address Zip Code ip /9;;~ Home Phone Bus i ness Phone Planning Department File No Date of Acti on /zi 4 y U~ ~ c SZgnature Si9nature f Authorized RePresenwtive , Address YOUR REASONS FOR APPEAL, JA r% , f 9 ~n -0 -6~ - ~ff /)J2 &9b ~tvvv/o ~11 ~ z e; vg ~Wq , OFFICE USE ONLY Fees Receipt # Hearinq Date V4MPWW' r r SIP`C)oKnMcm'' X;xD wum PLANNING DEPARTMENT BROADWAY CENTRE BUILDING N 721 JEFFERSON STREET d~ PHONE 456 2205 a Q • i SPOKANE WASHINGTON 99260 r r SPOKANE COUNTY GOURT MOUSE May 30, 1984 Mr Jim O1 inger N 4912 Sipple Spokane, WA 99212 Dear Mr O1 inger Enclosed please flnd your receipt for Check #147 for the appeal of Vari ance appl i cation VE-36-84 The appeal hearing before the Board of Adjustment of Spokane County is scheduled for June 20, 1984 at 9 00 a m A formal noti ce of the hearing wi11 be sent to you prior to the hearing If you have any questions, please feel free to call either myself or Pat Frankovic Sincerely, Paul a Mi11 er Board of Adj ustment Secretary cc fi le VE-36-84 ► ~ Spokane County departmenC of bullding & safety . JAMES L MANSON, DIRECTOR May 24 , 1984 Jim Olinger North 4912 Sipple Road Spokane, Washington 99212 RE Building Permit Number 84A 23?8 Oear Mr Olinger As you may be aware, per the attached correspondence, the Spokane County Planning Department has recommended to this department that the above-referenced building permit, issued March 19, 1984 for a three thousand square foot storage bui1 di ng, be revoked pursuant to the provisions of Section 303(e) of the Uniform Bulding Code as adopted by Spokane County Section 303 (e) provides that "The building official may, in writing, suspend or revoke a permi tissued under the prov isions of thi s code (Uni form Bui 1 diny Code ) whenever the permi t i s i ssued i n error or on the basi s of i ncorrect informati on suppl i ed, or i n vi ol ation of any ordinance or regulation or any of the provisions of this code" After review of the various documents relating to this matter, it would appear that the referenced permit was issued contrary to a conditi on wi thi n the findi ngs dated November 6, 1976 in conjunction with CUE 115-72 I n 1 i ght of thi s, and i n consi derati on of the P1 anning Department' s recommendation, building permit number 84A 2328, issued for the above- referenced project, i s hereby revoked effecti ve as of the date of this letter Shoul d you have any questi ons or wi sh to di scuss thi s matter, pl ease don't hesitate to contact me at 456-3675 Sincerely yours, DEPARTMENT OF BUILDING AND SAFETY R E C F I V E M AY 2 51984 Mark Hol man S1'UnaE4F COUNTY Assi stant 0irector PLAtdhfNG DEPARTMENT cc Steve Norobiowski NORTH 811 JEFFERSON ~ SPAKANF WASHiNGTON 9986090050 • TEI.FPHONF f50914rf 1675 . . . ~ , ~I~~.~ Ur-wrx PLANNING DEPARTMENT BROAOWAY CENTRE BUIl.04NG N 721 ,IEFFERSOa STREET n+ h 7 y J f ~ 11 ~~,~7~1} 1 vHONE 456 2205 .~,a•_~ y 'T n ~ SPOKANE WASHINGTON 99260 Soo~•tic tourr GouarMous[ May 21 , 1984 Mr Jim Olinger North 4912 Sipple Road Spokane, tdA 99212 Dear P4r Ol i nger On Monday, May 14, 1984, the Hearing Examiner Committee and Zoning Adjustor considered your request for the location of a mini-warehouse establishment as described within File Nos ZE-29-84, ZE-148A-80, and VE-36-84 Duri ng the cou rse of that publ ic heari ng , Attorney Bob McKanna drew to the attention of the Hearing Examiner Committee and also staff, Findings and Order dated November 3, 1976, with respect to CUE-115-72 As you tivill recall, that matter dealt with an application by you to provide a variety of fencing around the perimeters of the property descriaed therein and amend Condition No 8 con- cerning the landscaping and development plan which had been approved on October 2, 1972 ~ In conjunction with the Spokane County Board of Adjustment rendering a declsion ~ on that application, they specifically provided that The decorative concrete block fence shall not be used as a common wall to a proposed storage building nor shall any storage building be provided without prior review and approval of such amendment to the site plan by the Zoning Adjustor at a regularly scheduled public hearing (Emphasis added) For your review, I have enclosed a photocopy of the November 3, 1976, Findings and Order of the Spokane County Board of Adjustment In light of the ahove-referenced condition included within the Findings and Order of the Spokane County Board of Adjustment dated November 3, 1976, and discussions with the Spokane County Prosecuting Attorney's Office, legal counsel for the Board of County Connissioners, I must inform you I am recommend7ng that the building permit issued to you under auilding Permit No 84A-2328 for a proposed 3,000 square foot mini-►,rarehouse facility, which facility would use as one of its conunon walls the decorative concrete block fence, must be revoked The suspension or revocation of a building pemit which has been issued in error or on the basis of incorrect information supplied, or in violation of any ordinance or regulation, is specifically provided for under Section 3 03 of the 1982 Edition of the Uniform Building Code ~ - - - - - - - ~ ~ w Mr Jim Ol i ng er - 2- May 21 ,1984 . . Although I am recommending that the building permlt issued under BuiYding Permit No 84A-2328 be revoked, thi s 7 s not to say, however, that you may not apply to the Spokane County Zoning Adjustor for a change of condztion vrith regard to the November 3, 1976, cond7tion referred to above Addi tional ly, ancl as you are aware, ance the Findings of Fact and Deci sion are entered by tha. Hearing Examiner Committee and the Zoninq Ad3ustor concerning their public hearzng held May 14, 1954, you may appeal those decisions to the respectlve appeal bodies If your appeals arere to be upheld, you may poss3bly have the ability to build the oroposed 12,400 square foot mini-storage warehouse us1ng the decorati ve c4ncrete bl vck fence as a corunon vra11 , Should you, upon receipt vf th7s correspvndence, like to discuss thls matter iri more detail, please feel free to contact ne Iwill be more than happy to make any and al1 Pl anning Department f11 es avai 1 ab1 e to you far your review with regard to this matter A photocony of this letter is being directed to the Spokane County Building and Safet~r Department, ~,rho vrill off7clally revoke Building Permit No 84A-2328 Thank you very much in advance for yojr caoperation in this natter Sincerely, ,~°xk"Jl~ f w STEVE p HORQBIOIrlSKI Zoning Administrator Enclosure SPH cmvr cc James P Emacio, Prosecuting Attvrney's Office rlJames L Planspn, Dept vf Building and Safety ~ ~ ~ ► , , - i PLANNING DEPARTMENT BROADWAY CENTRE BUILOING N 721 JEFFERSON STREET ~ - PHONE 456 2205 ~ ~Y I SPOKANE WASHINGTON 99260 SPOKANE COUNTY GOURT MOUS[ May 21, 1984 Mr Jim Olinger North 4912 Sipple Road Spokane, WA 99212 Dear PAr O1 i nger On Monday, May 14, 1984, the Hearing Examiner Committee and Zoning Adjustor considered your request for the location of a mini-warehouse establlshment as described within File Nos ZE-29-84, ZE-148A-80, and VE-36-84 During the course of that public hearing, Attorney 6ob McKanna drew to the attention of the Hearing Examiner Committee and also staff, Findings and Order dated November 3, 1976, with respect to CUE-115-72 As you will recall, that matter dealt with an application by you to provide a variety of fencing around the perimeters of the property described therein and amend Condition No 8 con- cerning the landscaping and development p]an which had been approved on October 2, 1972 In conjunction with the Spokane County Board of Adjustment rendering a declsion on that application, they specifically provided that The decorative concrete block fence shall not be used as a common wall to a proposed storage building nor shall any storage building be provided without prior review and approval of such amendment to the site plan 6y the Zoning Adjustor at a regularly scheduled publlc hearing (Emphasis Added) For your review, I have enclosed a photocopy of the November 3, 1976, FZndings and Order of the Spokane County Board of Adjustment In light of the ahove-referenced condition included with7n the Findings and Order of the Spokane County Board of Adjustment dated November 3, 1976, and discusslons woth the Spokane County Prosecuting Attorney's Office, legal counsel for the Board of County Comissioners, I must inform you I am recommending that the 6uilding permit issued to you under Building Permit No 84A-2328 for a proposed 3,000 square foot mini-warehouse facility, which facility would use as one of its common walls the decoratlve concrete block fence, must be revoked The suspension or revocation of a building permit which has been issued in error or on the basis of incorrect information supplied, or in violation of any ordinance or regulation, is speclfically provided for under Section 3 03 of the 1982 Edition of the Uniform Building Code v Mr Jim Olinger - 2- May 21, 1984 . Although I am recommending that the building permit issued under Bu1lding Permlt No 84A-2328 be revoked, this is not to say, however, that you may not Apply to the Spokane County Zoning Adjustor for a change of conditipn with regard to the November 3, 1976a condition referred to above, Additionally, and as you are aware, once the Findings of Fact and Decision are entered by the Hearing Examiner Committee and the Zoning Adjustor concel^ning their public hearing held May 14, 1984, you may 4ppeal those decis,ions to the respectiye appeal bodies. If your appeals were to be lipheld, you may possihly have the ability to build the Proposed 12,000 square foot mini-St01^dge Yrarehouse using the decorative concrete block fence as a conmon wa11, Should you, upon receipt of this correspondence, like to discuss this mdttel^ in more detail, please feel free to contact me I will be mpre than happy to make any and all Planning Department files avAilable to you for your review with regard to this matter A photocopy of this letter is being directed to the Spokane County Building atnd Safety Department, who will official ly revoke Building Permit NQ 84A-2328 Thank yoli very much in advance for your cooperation in this motter Sincerely, STEVE P HOROBIOIrlSKI Zoning Admtnistrator Enclosure SPH,cmw cc James P Emacio, Prosecuting Attorney 's Offi ce James L Manson, Dept of Buildtng and Safety . . • MINUTES November 3, 1976 BOARD OF ADJUSTMENT OF SPOKANE COUNTY ~ FINDINGS AND ORDER REGA.RDING A REVIEW OF ADMINISTRATIVE A+CTION OF THE SPOKANE COUIVTY ZONING ADJtTSTOR IN INTERPRETING CERTATN CON- DITIONS SET FORTH IN CONDITIONAL USE PERMIT CUE-I15-72 1NHEREAS, Application has been presented to the Zorung Adjustor of Spokane County, Washington, by Mr Jim 4linger, _ and, WHEREAS, the Zoning Adjustor approved a Conditionai Use Pernut, CUE-115-72 on October 2, 1972, to allow a 66 Unit trailer court, and.. WHEREAS, the applicant is desirous of providing a variety of fencing around the perimeters of the property and ammending condition #8 of the approved Zandscape and development plan to allow 12 months to complete . landscaping and, WHEREAS, the Zoning Adjustor interpreted condition Number 8 of CUE-115-72, relative to fencing to preciude the desires of the apglicant and, "WHEREAS, the applicant appealed such decision of the Zoning Adjustor . and, W HE REAS , the Bo ard of Adjustme nt did hold a public he annq on the 14th day of July,. 1976, to considertthe decision of the Zoning Adjustor, and, WHEREAS, the Board of AdJustment did review testimony and conditions previously set forth and did he reby find that (a) the adjacent neighbors did nat abject to varying the fencing alonq their property, (b) that the issue of varying the fence was one of aesthetatc,and (c) a six (6) month pariod of time to complete landscaping was un- re asonable in that the Ioca1 climate has four district se asons, some of which preclude landscaping NOVN, THEREFORE, be it formally resolved that the J3oard reversed the decision of the Zorung Adjustor and approved of a section of decorative con- crete fencing sub)ect to the following conditl.ons l. The decorata.ve concrete block fence shall be limited to a11 or a .portion of the Northerly property line of the mobile homepark, with the remaxnder of chainlink type Both shall be site obscuring and shall not be used intermittently. ' ~ ~ ~ ~ 4T A 440 "t BOARD OF ADJUSTMENT OF SPOKANE • • COUNTY, WASHINGTON ► , S 2 The decorative concrete block fence shall not be used as a common wa11 tc) a proposed storage buildxng nor shall any storage burlding be provided without prior review and approval of such ammendments to the site plan by the Zoning Adjustor at a regularly scheduled public he aring 3. The park shall be developed pursuant to the remaining conditions set forth and signed by all applicable parties dated 2nd Apri1,1976, except that condition number 6 shall be ammended to require 30 lamp posts per plot and landscape plan of record and number 6 shall allow 12 months to complete landscapinq of the park after issuance of the first occupancy pernut SIGNED This 15th day of November, 1976 ~ r , l fi~~L . HENRY L P IRONE, Chairman o 2 , T C ROESBECK, Vice -Chazrman ~ LARRY F. KRAU&, Member Decision July 14, 1976 Minutes Typed November 3, 1976 r~ r ~ ' ~ ZONE RECLASSIFICATION NO ZE- 29-84 ZONE CHANGE CONDITION NO ZE-148A-80 VARIArTCE NO vE- 36-84 SPOKANE COUNTY HEARIN6 EXAMINER COMMITTEE FINDINGS AND ORDER A INTRODUCTION This matter havf ng come before the Zoning Hearing Examiner Committee on May 14, 1984 (continued from May 1, 1984), and the members of the Committee present being Kathleen M Carstens, Chairperson, Kenneth Kennedy, and Jane E Myers B PROPOSAL The sponsor, J D Olinger, is requesting approval of a change af conditions, ZE-148-80, Restricted Industrial Zone, and a zone reclassification, File No ZE-29-84, Residential Marnuf actured Home to Restricted Industrial, for the purpose of developing a Mini-Warehouse and Storage Facility and a Change of Condition to allow for administrative building site plan reviews for future development, as well as a Variance, VE-36-84, to allow a 1-foot side yard setback in the Restricted Industrial Zone, whereas a 5-foot setback for each story of a building is currently required (Applies only to mini-warehouse and storage building under this p-roposal ) C FINDINGS OF FACT 1 That the existing land use in the area is residential, mining, and vacant 2 That the Comprehensive Plan designates this area as appropriate for Industrial development 3 That the existing zoning of the property described in the application is ResCricted Industrial and Residential Manufactured Home 4 That the provisions of RCW 43 21C (The State Environmental Policy Act) have been complied with, and the Committee concurs with the c Declaration of Non-Signif icance . ~ ZONE RECLASSIFICATION NO ZE- 29-84 ZONE CHANGE CONDITION NO ZE-148A-80 VARIANCE NO VE- 36-84 C FINDINGS OF FACT (continued) 5 That the proper legal requirements for advertisement of the Agenda Item have been fulf illed 6 That the land in this area is suitable for the proposed use, or uses within the proposed Zone Classification 7 That the applicant has demonstrated that conditions have substantiallq changed since the original zoning of this area and accordingly, the proposed rezone is 3ustified 8 That the proposed use is compatible with existing uses in the area 9 That the owners of ad3acent lands expressed both approval and disapproval of the proposed use 10 The Hearing Examiner Committee finds the proposed use to be in harmony with the general purpose and will not be otherwise detrimental to the public health, safety, and welfare 11 The following are additional findinge of fact considered by the Aearing Examiner Comnaittee a) The zone change request was granted approval, based on the fact that the sponsor will abide by all conditions attached as outlined in the Staff Report to the Zoning Hearing Examiner Committee dated May 1, 1984 b) The Change of Conditions request was denied based on previous action by the Hearing Examiner Committee and 8oard of County Commissioners relating to the impact of the northerly boundary of the proposal to the adjacent residential properties c) The building height restriction relative to the decision of the Zoning Adjustor would necessitate consideration of the solar access and not inf ringe upon the neighboring reaidents \ 2 ZONE RECLASSIFICATION NO ZE- 29-84 ZONE CHANGE CONDITION NO ZE-148A-80 VARIADICE NO VE- 36-84 D CONDITIONS OR CONTINGENCIES APPLIED TO THIS APPROVAL (All Conditions imposed by the Zoning Hearing Examiner Committee shall be binding on the Applicant , which term shall include the owner or ownera of the property, heirs, assigns, and successors ) a) COUNTY PLANNING DEPARTMENT • 1 That prior to release of occupancy permite, tall growing, mature trees be installed along the north property line of this rezone (ZE-29-84) application, as well as along the north property line of the Change of Conditions, ZE-148A-80 2 That access to the mini-warehouse for the general public be f rom a paved driveway to Park Road 3 That a f ree-standing identification sign be limited to the western portion of the site along Park Road 4 The Zoning Administrator shall approve a specif ic exterior lighting plan for the approved area prior to installation of such lighting (Such plan shall attempt to confine illumination to the area with full consideration to adjacent properties) 5 A specific landscape plan, planting schedule and provisions for maintenance acceptable to the Spokane Countq Zoning Administrator shall be submitted wfth a performance bond f or the project prior to release of building permits 6 The applicant shall develop sub3ect property generally in accordance within the concept presented to the Hearing Examiner Committee Variations when approved by the Zoning Administrator wfll 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 development plans shall be maintained 7 The specif ic development plan will be submitted for Planning Department review and approval prior to issuance of building permite ~ 3 ZONE RECLASSIFICATION NO ZE -29-84 ZONE CHANGE CONDITION NO ZE-148A-80 VARIANCE NO VE- 36-84 a) COUNTY PLANNING DEPARTMENT (continued) 8 All current standards of the Restricted Industrial Zone, as amended, shall be complied with in the development of this site 9 That the project is sub3ect to Section 4 16A 050, the Aquifer Sensitive Area Overlay Zone of the Spokane County Zoning Ordinance, which sets forth various measures for Aquifer protection, specifically, measures dealing with wastewater disposal, spill protection measures, and stormwater runoff 10 Applicant shall comply with '208' 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 N4TICE 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 thie 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 13 A proposed declaration of non-significance (a preliminary decision, which may be reversed, that an environmental impact statement, an EIS, is not needed) has been administratively issued This insures the applicant of a timely processing of his/her proposal at the time of the public hearing BUT, a major purpose of the public hearing is to afford the opportunity to present the decision makers with infoYmation as to whether or not a potentially SIGNIFICANT ADVERSE impact upon the physical environment will result f rom implementation of the proposal, thus resulting in the need for an EIS However, all extensions of time and most chan.ge of conditions" are exempt f rom the provisions of SEPA, check with the Planning Department staff if uncertainty exists ~ 4 r ZONE RECLASSIFICATION NO ZE- 29-84 ZONE CHANGE CONDITION NO ZE-148A-80 VARIANCE NO VE- 36-84 a) COUNTY PLANNING DEPARTMENT (continued) 14 That due to the uncertainty of the use or the materfals stored on this site as it relatea to the Aquifer Sensitive Area Overlaq Zone, Chapter 4 16A of the Spokane County Zoning Ordinance, a statement shall be filed of record with the Spokane County Auditor, shall rua with the Iand and shall only be removed pursuant to written consent of Spokane County Said statement shall be, That prior to the issuance of building permit(s) or a Certif icate of Occupancy, whichever is applied for f irst, compliance with the appropriate provisions of Chapter 4 16A (Aquifer Sensitive Area Overlay Zone), of the Spokane County Zoning Ordinance shall be demonstrated b) COUNTY ENGINEERING DEPARTMENT Prior To The Issuance Of A Building Permit 1 Applicant shall dedicate 4 feet on Park Road for right-of-way prior to any use of the property 2 Access permits for approaches to the County Road System shall be obtained f rom the Spokane County E ngineer 3 Applicant shall improve Park Road in a manner consistent with Spokane County TYPICAL roadway section No 1 minimum paving width Major Arterial Standard 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-aite sewage system plan and surface water disposal plan for the entire project prior to the issuance of any building permit on the property 6 A parking plan and traffic 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 traff ic 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 5 ZONE RECLASSIFICATION NO ZE- 29-84 Z4NE CHANGE CONDITION NO ZE-148A-80 VARIANCE NO VE- 36-84 b) COUNTY ENGINEERING DEPARTMENT (continued) 7 The word applicant shall include the owner or owners of the propertp, his heirs, assigns, and successors 8 The construction of the road improvements stated herein shall be accomplished as approved by the Spokane County Engineer 9 All required improvements shall conform to the current State of Washington Standard Specifications 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 10 Roadway standards, typical roadway sections and drainage plan requirements are found in Spokane Board of County Commissioners' Resolution No 80-1592 as amended 11 Applicant is requesting a Variance f rom Section 4 11 090-(E-2) Thie Variance, if granted, would permit the construction of the proposed mini-storage facility within one foot of the property line Spokane County Drainage Standards require that stormwater runoff f rom impervious surfaces be retained and disposed of on-site This will be required of the applicant at the time an application is made for a building permit for the proposed storage facility 12 It should be noted that the roadway improvements specified for Park Road were also required for ZE-148A-80 A portion of that zone change is now affected by this action c) COUNTY UTILITIES DEPARTMENT 1 Pursuant to Board of County Commissioners Resolution No 80-0418, the use of on-site sewer disposal spstems is hereby authorized This authorization is conditioned on complfance with all rules and regulations of the Spokane Countq Health District and is further conditioned and subject to specific application approval and issuance of permits by the Health District ~ 6 ZONE RECLASSIFICATION NO ZE- 29-84 ZONE CHANGE CONDITION NO ZE-148A-80 VARIANCE NO VE- 36-84 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 PItOVIDED, this condition shall not prohibit the Owner(s) or Successor(s) from ob3ection to any assessment(s) on the property as a result of improvements called for in conjunction with the formation of a tTLID by either petition or resolution method under RCW Chapter 36 94 3 Any water service for this pro3ect 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 E ngineer and the Health Distrfct 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 Sub3ect to specific application approval and issuance of permite by the Health Off icer, the use of an individual on-site sewage system may be authorized 4 Water service must be coordinated through theDirector of Utilities, Spokane Countq 5 Water service shall be by an existing public water supply when approved by the Itegional Engineer (Spokane), State Department of Social and Health Services 6 IIse of private wells and water systems is prohibited 7 Disposal of sewage effluent beneath paved surfaces is currently prohibited ~ 7 ZONE RECLASSIFICATION NO ZE- 29-84 ZONE CHANGE CONDITION NO ZE-148A-80 vAxiArrcE No vE- 36-84 e) COUNTY BUILDING AND SAFETY DEPARTMENT 1 The site is located in Fire District # 1 2 The proposed structure will requfre some revisions to provide the required fire flow f or this structure flaving calculated the f ire f low requirements based upon the presented plan a f ire flow of 89900 g p m is required for this complex, It appears that four (4) hydrants will be required 3 A water plan showing location, size, etc will be required for approval The hydrants shall be installed prior to the building permit, and construction of the complex Each hydrant shall be capable of flowing a minimum of 8,000 g p m at 20 p s i residual when any two (2) hydrants are f lowing simultaneously 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 and a minimum 45 feet outside) capable of supporting the imposed loads of fire apparatus and having a minimum of 13 feet, 6 inches of vertical cleaarances 4 The development shall be provided with at least two points to the public street The access locations shall be approximate opposite ends of the development 5 Approved num.bers or addresses shall be placed on all new and existing buildings in such a position as to be plainlp visible and legible f roim the street or road f ronting the property Said number shall contrast with their background 6 Reclaseif icatioa of an existing building shall require an application for change of occupancy permit and subsequent inspection for approval 7 Due to the sensitive storage requirements over the aquifer, and this site lies within the Waste Water Management area, we feel that some language should address the possible storage of flammable or critical material within these structures 8 Trash enclosures shall not be located adjacent to combustible ~ construction or underneath windows or nonprotected eaves 9 A land use permit will be required for each structure 8 ZONE RECLASSIFICATION NO ZE- 29-84 ZONE CHANGE CONDITION NO ZE-148A-80 ~ VARIANCE NO VE- 36-84 f) WATER PURVEYOR 1 Water Purveyor is Spokane Suburban Water Company, and they will supply the site with adequate water for domestic, f ire and irrigation uses Satisfactory arrangements have not been made to serve this proposal E ORDER The Hearing Examiner Committee, pursuant to the aforementioned, finds that the application of J D Olinger, for a zone reclassification as described in the application should be APPROVED and the application for a change of conditions should be DENIED Motion by Myers Seconded by Kennedy Vote Unanimous to APPROVE to the RESTRICTED INDUSTRIAL ZONE ( 3 - 0 ) Unanimous to DENY the CHANGE OF CONDITIONS 3- 0) Myers - Aye Kennedy - Aye Carstens - Aye HEARING EXAMINER COMMITTEE HEREBY ATTEST TO THE ABOVE FINDINGS, ORDER, AND VOTE a rperson ~ ATTE ST For WALLIS D HUBBARD Planni g Director . -=m i(LidLAR t By S VE P HOROBIOWSKI Zoning Administrator Date 7 NOTE See File VE-36-84, for Zoning Adjustor's decision for DENIAL of the ~ Variance request to allow a 1-foot side yard setback in the Restricted Industrial Zone 9 • ~ ~ ZONE RECLASSIFICATION NO ZN-11-84 g) COUNTY AIIt POLLUTION CONTROL AUTHORITY (continued) . 4 Some objectionable odors will likely result during the construction phase of the project and from motor vehicles uaing the site following completion of the project and from occupants of the propoeed pro3ect 5 All air pollution regulations must be met 6 Natural vegetation removed f rom the site must be disposed of by means other than burning h) STATE DEPARI'MENT OF TR,ANSPORTATION 1 Accese to SR2 will require a road approach permit f rom the Department Maintenance Engineer and Countp setback requirements from SR2 should be enforced ~ 10 ~ ZONE RECLASSIFICATION # ZE-29-84 & ZE-148A-80 UARIANCE # VE-36-84 F ZONING ADJUSTOR FINDINGS . 1) That the proposal consists of the establishment of a mini-storage faci1 i ty wi thi n the Restricted Industri al Zone to be 1 ocated one (1) foot from the side property 1ine whereas the Spokane County Zoning Ordinance requi res a 10 foot setback for a two (2) story structure The proposed structures are greater than 16 feet hi gh thus qual ify as a two (2) s to ry s t ru ct u re 2) That the pmperties principally affected by the proposal 11e to the north of the project The properties are currently zoned Agri cul tural Suburban and are occupied by single family residences Many of these residents appeared at the publ ic hearing to object to the proposed variance Their primary concerns were that the proposed structures 1 ocated al ong the rear 1 ot 1ine woul d bl ock s unl i ght to the rear yards, restri ct air movement and dimi nish the enjoyment of thel r property 3) That the Spokane County Hearing Examiner Committee approved the re- zoning of the property (File ZE-29-84, decided May 14, 1984) subject to site devel opment whi ch woul d not hi n de r the 1ight o r air movement and other amenities of the northerly residential property 4) Further, the Hearing Examiner Committee has established landscaping conditions al ong the northerly prope rty 17 ne whi ch requires the planting and matntenance of trees These conditions alone strongly suggest that the minimum setbacks of the Restricted Industrial Zone be observed 5) That the applicant desires the proposed varlance in order to benefit from an existing retaining wa11 and masonry fence whi ch woul d become a portlon of the structure's rear wall 6} That the s1 te 1 ies withi n the In dus tri al Catego ry of the Spokane County Comprehensive P1 an and is cl osley bordered by the Urban Cate- gory Goal 7 2 of the P] an and its Objectives and Deci sion Gui del i nes (particul arly Decision Guidel ine 7 2 19 7 2 39 7 2 4( a)} call for the devel opment of buf fe r areas whe re in dust rial an d res i dential uses will be located near one another The granting of the requested variance woul d leave no adequate buffer area as urged in the Compre- hensive Plan 7) The appl icants rep resentati ve i ndicated that the area isin transi tion from residential to more Zntenslve uses However, the northerly resi dentl al properties are wel 1 maintained and can be expected to remain fo r some ti me The appl i cant has al so establ ished a mobi1 e horre pa rk di rectly adj acent the p rnposed mi ni -sto rage faci1ity i n- ~ di cati ng he too finds the area to have continued residential vi abi1ity 8) That the grant1 ng of the proposed variance woul d i n essence be al l ow- ing the applicant a special privilege to the detriment of acjoining properties The applicant in comp1ying with the zoning ordinance will still be able to use the property for the intended storage use Continued ~ , ZONE RECLASSIFICATION # ZE-29-84 & ZE-148A-80 VARIANCE # VE-36-84 . G ZONING ADJUSTOR CONCLUSIONS AND DECISION 1} The variance request is inconsistent with the Hearing Examiner Committee decision in approving the zone request due to light, air and aesthetic impacts and the buffering requirements of the zone change 2) The proposal is inconsistent with the development guidelines of the Spokane County Comp rehensive Plan 3) The proposed variance appl icati on does not meet the standards re- quired by the zoning ordinance for approval of such variances THEREFORE, the Zoning Adjustor does hereby DE14Y the proposal and requires the applicant to maintain the minimum setbacks as required by the Spokane County Zoning Ordinance for this use ~ ~ S S DAMS, ING ADJUSTOR SPOKANE C PJTY, WASHINGTON DATE _ l ~ 1~g ~ NOTE ANY PERSON AGGRIEVED BY THIS DECISION MUST FILE AN APPEAL WITHIN 10 DAYS OF THIS DATE ~ AGE1QUA; TUESDAY, MAY 1, lc.-- (PLEASE NOTE CHANGE OF HEA"T"a DATE) TELEPHONE NO.: 456-2205 SPOKANE COUNTY ZONING HEARIPJG EXAMINER COMMITTEE Place: Broadway Centre Building, Second Floor North 721 Jefferson Street, Spokane, WA 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 COMQMITTEE. 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 l. ZE- 1-84 AGRICULTURAL TO COPiMERCIAL (Continued from April 5, 1984 Hearing) (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. HUGHES South 1902 Felts Road Spokane, WA 99206 2. ZE-116-83 MULTIPLE FAMILY SUBURBAN TO COMMERCIAL VE- 2-84 VARIANCE TO THE FRONT AND REAR YARD SETBACKS IN THE COMMERCIAL 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 allow a 25-foot setback to the south property line (4th Avenue) and a 15-foot setback from 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. 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, :rill be before the Zoning Hearing Examiner Committee. The second, a Variance, will be before the Zoning Adjustor. Both items will be heard concurrently by both Boards. . AGENDA, MAY 1, 1984 (PLEASE NOTE CHANGE OF HEARIPJG DATE) - 2- TELEPHONE NO.: 456-2205 SPOKANE COUNTY ZONING HEARING EXAMINER C0P1r1ITTEE Place: Broadway Centre Building, Second Floor North 721 Jefferson Street, Spokane, WA 99260 (Continued from Page #1) ZONE RECLASSIFICATIONS 3. ZN-113-83 MULTIPLE FAMILY SUBURBAN TO C01MMERCIAL AND RESIDENTIAL OFFICE (Generally 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. VERGE North 9817 Colfax Road Spokane, WA 99218 4. ZE- 7-84 AGRICULTURAL SUBURBAN TO COMP1ERCIAL (Generally located at the northwest corner of Sprague Avenue and McCabe Road in Section 15-25-44.) Comprehensive Plan: Major Comnercial Proposed Use: Retail - No Site Plan Site Size: Approximately 11,600 Square Feet Applicant: ALBERT DESTITO c/o D. J. Hume 500 Columbia Building Spokane, WA 99204 5. ZE- 26-84 COtIMERCIAL, MULTIPLE FAt1ILY SUBURBAN AND AGRICULTURAL SUBURBAN TO COMMERCIAL (Generally located north of and adjacent to Sprague Avenue, south and adjacent to P1ain 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 • ' ~ AGENDA, MAY 1, 1984 (_PLEASE NOTE CHAPdGE OF HEARING DATE) - 3- ' TELEPHONE NO.: 456-2205 SPOKANE COUNTY ZONING HEARING EXAMINER COMP9ITTEE Place: Broadway Centre Building, Second Floor North 721 Jefferson Street, Spokane, WA 99260 (Continued from Page #2) ZONE RECLASSIFICATIONS 6. ZE- 18-84 AGRICULTURAL TO RESIDENTIAL MANUFACTURED HOME (Generally located south and adjacent to Mission Avenue, north and adjacent to Boone Avenue, approximately 750 feet east of Barker Road in Section 17-25-45.) Comprehensive Plan: Urban Proposed Use: 96-Unit Manufactured Home Park Site Size: Approximately 17 Acres Owner: ERWIPJ W. GORTOrJ Applicant: C. L. STALEY P. 0. Box 11799 Spokane, WA 99211 7. ZN-50A-70 CHArJGE OF CONDITIOPIS IN THE RESIDENTIAL h1AVUFACTURED HOh1E ZONE (Generally located west and adjacent to Wilson Road, approximately 350 feet south of Florence Avenue in Section 10-26-43.) Comprehensive Plan: Urban . Proposal: To review a site development plan for a 33-unit Manufactured Home Park in an existing Residential P1anufac- tured Home Zone. Site Size: Approximately 5 Acres Applicants: MIKE and EDYTHE COYLE P. 0. Box 298 Mead, WA 99021 (.conti nued ) r _ . AGENDA, MAY 1,1984 (pLEASE N___ CHANGE OF HEARYPJG QATE) TELEPHONE N0 456-2205 SPDiCANE CUUNTY ZDiVING HEARING EXAMINER COMPIITTEE ~ P1aee: Broadway Centre Building, Second Flvvr Narth 721 Jefferson Street, Spakane, WA 99260 (CQntinued frvm Page #3) ZaNE RECLASSIFICATIONS 8. ZE- 29-84 RESIDENTIAL MANUFACTURED HOME TO RESTRICTED INQUSTRIAL ZE-148A-80 CF{AtIGE QF CONDITIaNS IPJ THE RESTRICTED INaUSTRIAL ZONE ~ VE- 36-84 1fARTANGE TO THE SIDE YARD SETBACK IN RESTRICTED INDUSTRIAL ZONE (General ly 1 ocated east af and adjacent to Paric Road, apprax, 450 feet west of Ella Road, and apprvximately 130 feet sauth of Braadway Avenue i n Secti on 18-25-44. ) Camprehensive Plan: industrial Propasal . ZE-29-84 - A rezone from Resi denti al Manufactured Hame to Restricted Industrial on an approximate 25,500 Square Fvat si te to ai low for cvnstruction afi a mi ni -warehouse and storage faci 1 i ty. ZE-148A-80 - A Change vf Condition to a previvusly approved 3.6 Acre Restrieted Industrial site to allow for administrative buiZding site plan reviews rather than the currently requi red Heari ng Exami ner Cammi ttee publi c hearing revi ew priar to devel apment . VE-36-84 - A Uari ancP from Section 4. 1I. a90(e-2) of the SpQkane Cvunty Zoning Qrdinance to allow fvr a Z-foot s i de yard setback i ra the Restri cted I ndustrial Zane, whereas a 5-foot setback for each buiiding story is currently requi reci. The Vari anee woul d appZy anly to the proposed mini-warehouse and storage building proposed to be develaped under Files ZE-29-$4 and ZE-148A-8Qedetailed abave.' Appl icant: JIM QL3NGER raarth 4912 Sipple Road Spokane, WA 99212 note: A11 three items will be heard concurrently by two separate Boards. The fi rst two i tems , ZE--29-84 and ZE-148A-80, wil1 be neard by the Zoni ng Heari ng Examiner Committee. The last Ztem, VE-36-84, wilI be heard by the Zoni ng Adj ustor. 5 : 00 P . M . - - - - AQJOURNh1ENT Except when an EnvironmentaZ Impact Statement (EIS) has been prepared, a praposed declarativn of non-signif-icance (a preliminary decision, which may be reversed, that an EIS is not needed) has been administratively issued. This insures the applicant of a timely processing of his/ her propasal at the time of the pub~ ic heari ng. BUT, a majvr purpose of t'he publi c hearing is to afford the appartunity to present the decision makers with infarmation as to whether or not a potential ly SIGNIFICANT ADVERSE impact upvn the physical envl ronment will result frvm imp1 ementatian of the proposal, thus resulti ng in the need for an EIS. 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' _ . ~ ~ ~ F ~F. YY £ 1- : R O A u • ~ ~~;'r•'-' . F g • . p R W E l. L ••'---'rr'~~ ~ s i ~t o cr ~ ~ ~ ~ . o ~ < ti t~. ~ Q Q `n ° _ ~ Y1 : ~ t~. ' ' ~ ~ MEqp Ct ~('a sl( • Z ~ ~ , ` rrp~ 1 ~F. ` ' • ~ { y~. : qTN CY• ; ~ . r'Ct1. ; ~ a ~3po ~.r 10 ~ • . ~ P~uC E , av ~ : ' ' ~ . J-- ' - • , ~ . r : _ J ~ / . - ~ A6 I Li ~ ` J ' \ ~ • „r ~ ~ ~ p U 1:1000 NT ! QP ' . ~ ~ , i ~ E QS1 N p~~f 1 N 0 ;~-AM i ~ ~ • i"~+ XHOR N.... . . ~t~•. . . _ _ , _ .n~s Gw . ' ~ ~ . 5 • ~ r ~ ~►Yw+ . y x .,v M s. 3 , ~ . • . . '~••~'r'' ~ • • ~ ~ , . ■ . - ` *9 < ~ Y ~ -~.:~•4 ' ' Cc , . ~ a ' ~ r iQL,l ` ~ - ' , ' ~ y~,,s►,,~cS E ~ ~ Ul ~ ~ . r ~ ^ .4IInt ~ • "s a ~ i ;to~t Q ° ° ~ . ~,c~,G v /o u s • R. 4 ~~RO <~.sdn''" , rc ~~{i.,'r~~7 . . ~ t~''f T ....,r.. ' Av~ lb. t ~s L ~ . - , • ~ ` l,i,~ , ~21. - p,,v • ~ ~ PR ~ + ~ ~ 1 ~1+1 ~tr►~~ . 1987 ~ . cx ~ r ~ ~;1004 ~ LM TH ~ . • ~ ~ T -~•t~`" " ' r ~ . T ~ 0 r t ~ ~ Pat Frankovic Page 3 of 4 Bui1 di ng and Safety prior to devel opment . A water pl an showi ng each fi re hy drant and be in compl i ance wi th Chapter 10.04 of the Spokane County Uni form Fire code. The present desi gn requi res a mi ni mum f i re f 1 ow of 500 g.p.m. for 30 minutes The water pl an shal 1 speci fy the gal l ons per minute for each fi re hy drant at a residual pressure of no less than 20 p s.i.(mi nimum pressure A siynature bl ock for each agency of revi ew i s requi red on approved pl an noti ng compl i ance with all department requirements prior to issuance of land use permits 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. Where it is desired to have access control gates in residential developments, the following shall apply The mi ni mum wi dth of roadway , i nsi de of access gate, shal l be 12 feet. There shall be at least two such drive approaches where the yates are located. One may be used for vehicles exiting. Tire flatting spikes shall not be used unless the entrance is a minimum 20 feet wide The gates shall be provided with an approved method of emergency operation in accordance with the Fire Department standards Where each drive approach is less than 20 feet in width and controlled by yates, a secondary means of access shall be provided with a clear openiny of 20 feet unobstructed. Each building constructed shall be accessible to Fi re Department apparatus by way of access roadway s wi th al 1- weather driviny surface capabl e of supporti ng the imposed 1 oads of fire apparatus The minimum paved roadway width, inside curb face to inside curb face, shall be 24 feet with no parking. Parallel parking is permitted on one side with road width~ of minimum 30 feet. Parallel is pemitted on both sides with road widths of minimum 36 feet Signs noting such is required for fire 1 ane. The turni ng radius of private roadway s and drive aisles shall be a minimum 20 feet inside and a minimum 45 feet outside to curb face Cul -de-sacs more than 600 feet f rom the center liA of the nearest cross street shall have a minimum radius of w 37 feet, 6 inches (75 feet di ameter ) Trash enclosures~ shall not be located adjacent to combustible construction or underneath windows or nonprotected eaves 7. ZN-50A-70 Change of Conditions in the Residential Manufactured Home Ione Same conditions as number 6 r 8. IE-29-84 Residentlal Manufactured Home to Restricted . Industrial ZE-148A-80 Change of Conditions in the Restricted Industrial Zone IP VE-36-84 Yariance to Side Yard Setback in Restricted _ Industrial Zone ~ ~ ~ i . ~ • Pat Frankovic Page 4 of 4 The proposed structure will require some revisions to provide the required fire flow for this structure. Having calculated the fire f 1 ow requi rements based upon the presented pl an a fi re f 1 ow of 8,000 g p.m. is required for this complex. It appears that four (4) hydrants will be required. A water plan showing location, size, etc., will be required f o r approval. The hydrants shall be installed prior to the building permit, and construction of the compl ex. Each hy drant shal 1 be capabl e of f 1 owi ng a mi ni mum of 8,000 g.p.m at 20 p s i residual when any two (2) hydrants are flowing simul taneously . These hy drants shal 1 be pl aced so that no portion of the bui 1 diny exteri or i s more than 175 feet from the hy drant . Each building constructed shall be accessible to Fire Department apparatus by way of access roadway s with al 1-weather dri vi ng surface of not 1 ess than 20 feet of unobst ructed wi dth with adequate roadway turning radius (20 feet and a minimum 45 feet outside) capable of supporti ng the imposed 1 oads of fire apparatus and havi ng a minimum of 13 feet, 6 7nches of vertical clearances The development shall be provided with at least two points to the public street. The access locations shall be approximate opposite ends of the development Approved numbers or addresses shall be placed on all new and exi sting bui 1 dings i n such a positi on as to be pl ai nly vi sibl e and 1 egibl e f rom the street or road f ronting the property Said number shall contrast with their background. Reclassification of an existing building shall require an application for change of occupancy permit and subsequent inspection for approval. In addi ti on, due to the sensti ve storage requi rements over the aqui fer, and this site lies within the Waste Water Management area, we feel that some 1 anguage shoul d address the possi bl e storage of f 1 ammabl e or critical material within these structures Trash enclosures shall not be located adjacent to combustible construction or underneath windows or nonprotected eaves. A land use permit will be required for each structure 9`" i v \ f 3 ~ C ~ March 139 1964 Spokane County Zaning Adjustap N. 721 Jefferson Street SROkane, Washin9tan 99260 ~ Res Request for variances VE-36-84s side yard sztback in ' Rcstricted Industrial aone ~ Dear s i r3 ~ I am the owner of Circle J Esta*ess a 56 unit ~ ma.nuf.3ctUred home park at E 7800 A1 ki Avenue in the Spv{cane Val 1 ey The bal ance of mu ownership is zoned Restriced Industrial and extends f'rom Ella Roa.d to Park Road fdr 13 acres approxlma.tely one lot deRth south of Broadway AvenUe ~ ~ ~ I am prvPosing a combination stora9e building for F mobile park tenants• maintenance equipment and my Rersonal storage in the east portion of the building whiie the west portion of the building Will be open to mini-warehduse, boat and camper stora9e far the general public. Because of the existing retaining Wa]i along the north i ine of my propertyi I a.m proQosing a strutture ~ incorpor$ting thre wal i into the design Tht wal 1 was bUi 1 t ~ one (1) foot from the north p►raperty 1 ine. Frontage for the building (and the project) xs Park Road on the West and ~ Ella Road an the easti relegatlng the building sn question to a side yard relationshfp The building setback for a , commepcial or industria1 building in the Restritted ~ Industrial Zone is 5 teet for each story it the building a.buts a residantial Zone and no requirement iP the building ~ abuts a non-residential zane Atcess ta the building Will be via a Frivate drive from Park Road whith wi11 also ~ access fUture buildings in the pro~ect The propertses to the north are curren#ly aoned and ~ devel oped rar resid~ntial uses v hoWever, the tomprehensive , plan indicates that the area is approPriate for industrial ! development The residences t'ront on Broadway Avenue• a major rarterial serving this Rortion of the SpQkane Valley and their future commercial or office use is icrevitabte , The applfcant therefore requests that the variance be , 9ranted to ailow the strUCture to come Withln 1 tt ot tho ~ north property 1ine Whereas the z4ning ovdinance Would ~ requxre 3 5 ft setback far a ane story building and a 10 ~ ft. setback for a two story bui 1 ding because of the immediate commercial or oftice pdtential s ot the residential proFerties to the nQrth. Sincerel y, ~ ~ ~ N . . ~ ~ JPvKANE LUUI~ l`' NLt~IVI~ 1~V~a UtPHK I(~r1Ll'V I ~ APPLiCATIONS BEFORE THE ZONING ADJUSTOR/BOARD OF ADJUSTMErJl Ce i~ti f i cate of Exempti on No. : Appl i cati on No. Name of Appl i cant: James D. Olinger Street Address: N. 4912 Sipple Ci ty: Spokane State : wA Zi p Code: 002()4 Tel e, No. :°?~-2~ Z~Name of Property Owner(s Requested Action (s Ci rcl e Approp ri ate Acti on ~ ~Variance(s) Conditional Use Permit Administrative Appeal Temporary Permit Waiver of Uiolation Other: Zero Lot Line Non-Conforming Lot/Use * ~ * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * x * * * * * ~ FOR STAFF USE ONLY * ~ Ci te Ordi nance Secti on % ~~~~W a- -~c S,~f Zo , ~ Section To nship Range Clc~ ~ Property ize. ~ ~ Existing Zoning : LtrJXg Comprehensive Plan Designation: ~l'1~t~ • ~ ~ ► ~ * Legal Checked by: Hearing Date: Receipt * * * * * * Lv ~x~'~~L ~ * * * * * * * * * * * * * * * * * * * * * * ~ * * * * * * ~ * . ~7 Existing Use of Property : vacant and manufactured mobile home court Proposed Use of Property: storage facility for manufactured home court and others Street Address of Property: N. 622 Park Road & E. 7800 Alki Leqal Des cri pti on of P rope rty ( i ncl ude easement i f appl i cabl e) See attached Assessor' s printout. f,~~.. _ ~ ~ 1~) ,4 ocim ' l~ 3 44 r, arce . 8 4-9 5 Source of Legal : < ~ Total amo nt of adjoining land controlled by this owner/sponsor: 13 acres What i nte res t do you hol d i n the prope rty : owner Please list previous Planning Department actions involving this property: I- SWEAR THAT I AM THE OWNER OF RECORD OR AUTHORIZED AGENT FOR THE PROPOSED SITE. IF NOT THE OWNER, WRITTEN PERMISSION FROM SAID OWNER AUTHORIZING MY ACTIONS ON HIS/ HER BEHALF IS ATTACHED. , Si gned : D a t e Addres . Phone No. : l<;2 ~ . NOTARY Sc.AL: NOTARY DATE : . . . . A. VARIANCES 1, In view of the abvve i nfarmation, what special ci rcumstances (beyand yvur contral or acti ons ) depri ve you of the same general ri ghts and pri vilege s of other Rroperty owners within the same zone and vi cinity? 2. rf the var7 ance were granted, haw would it affect nei ghbari ng prnpert :es ar impravements? ~ B. CONDITIQfVAL USES, ZER[l LOT LINE, NON-CONFORMING USE, TEMPaRARY PERMITS, ETC. 1. Please gi ve a concise expZ anation of the proposai incl uding size, hours of operatian, expected traffic and other features, etc. C. WAIIlER OF VIOLATION 1. How or why was the structure established outsi de the provisi ons of the Spvkane County Z4ning Qrdinanee? D. SIGI4-OFF BY CaUNTY aEPARTMENTS l. GOUNTY HEALTH DISTRICT A pre ~imina~ry consultativn has been hel d to discuss the pnopvsal.. The ap 1i c nt has ee ~r~formed of requi rements and standards. / ( Si gn atu re (D~at (Si gn-af f W aived by P1 anning Staff) 4 2. COUhITY ENGINEER'S DEPARTMENT A preliminary consultation has been hel d to discuss the proposal.`fhe appl i cant has been i nfa rmed of requi rements and standards. (Signature) (aate) (Sign-off Waived by Planning Staff) 3. COUNT Y UT I LIT I ES DEPARTMtNT A prel iminary consultation has been hel d to discuss the propvsal. The appl icant has been informed of requi rements and standards. (Signature) (aate) (5ign-off Waived dy P'+anning Staff) WATER PURUEYOR (i f appl i eabl e) Name: a} The propas al i s/ i s nat 1 ocated vri thi n the baundary of our~ servi ce area. b) We are/ are not abl e to se rve th i s s i te wi th adequate wate r. c) Sati sf actory arrangements have/have nvt been made to se rve th i s p roaas al . 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[ 1 ) 4 3 2 I 22 1- 10 04• r~ fJ zo (Y • ~ ~ . . -r - ~ STAFF REPORT DATE: MAY 1, 1984 T0: HEARING EXAMINER COriMITTEE FROM: PLANNING DEPARTMEPIT STAFF SUBJECT: ZONE RECLASSIFICATION NUMBER: ZE-24-840 RESIDENTIAL MANUFACTURED IiOME TO RE STRICTED INDU STRIAL ZE-148A-80, CHANGE OF CONDITIONS IN RESTRICTED INDU5TRIAL ZONE VC- 36-84, VARIANCE TO SIDE YARD SETBACK IN RESTRICTED INDUSTRIAL ZONE note: All three items will be heard concurrently by two separate Boards. The first two items, ZE-29-84 and ZE-148A-80, will be heard by the Zoning Hearing Examiner Committee. The third item, VE-36-84, will be heard by the Zoning Adjustor. I. GENER.AL INFORMATION APPLICANT/OWNER: J. D. OLINGER REQUESTED ZONING: Restricted Industrial EXISTING ZONING: Residential Manufactured Home (est. in 1971) (with Airport Overlay and (with ASA Overlay Zone) REQUESTED CHANGE OF CONDITIONS: The sponsor is requesting the deletion of Condition #1 of Board of County Commissioners Findings and Order for zone reclassification #ZE-148--80, which requires specific plan review by the Hearing Examiner Committee prior to development. Applicant requests the change to allow detailed plan review by the Zoning Administrator. REQUESTED VARIANCE: To allow a Mini-Warehouse structure to be within one f oot f rom the eide property line, whereas, the Zoning Ordinance requires a S-foot side yard setback f or e ach atory of the building. PROPOSED USE: Mini-Warehouse EXISTING USE: Vacant with existing retaining wall one foot from side property line. SITE SIZE: 25,500 Square Feet ~