Loading...
VE-79-87 IL FOR STAFF U OtJLY: . tdAME : I. VARIANCES FILE: ;/10~7 . A. Will the variance authorize a use othoWise prohibited in this zone? (MUST find neQatively) Yes ; No y Comment: P. t,Jith condi ti ons of approval, wi 1'I the var° iance : 1) Constitute a grant of special privilege inconsistent with limitations on other propertfes in the vicinity and similar zone? (MUST find negatively) Yes ; No ; Comment: . I , - _ - . - 2) tnsure tnat the intent and purpose of the Zoning Ordinance is achieved with regard to location, site d;esign, appearance, landscaping, etc.? ( t4UST fi nd posi ti vely ) Yes ; No ; Comnent: 3) Protect the enviropment, public interest and general welfare? (MI)ST find positively) Yes ; No ; Comment: C. Will special circumstances 2yplicable to the pro perty (such as size, shape topography, location, or surroundings), when com6ined with the standards of the Zoning Ordinance, create practical difficulties for use of the property and/or deprive the property of rights and privileges common to other properties in the vicinity and similar zone classification?,_ (MUST find positively) Yes No ; Comnent: - - - . ' AND D. Will the granting of the variance be either materially detrimental to the public welfare or injurious to property or i~provements in the vicinity and zone? (MUST find negatively) Yes ; No Comment: E. Ooes strict application of the zoning standard create an unreasonable burden in ligh ;of purpose to be served by the standards? (Supports application if Yes) Yes ; No • Comment: ~ F. Would relaxation of the zoning standards make a more environmentally sensitive or energy-conserving project or encourage continued or new use of an historic property? (Supports application if Yes) Yes: ; No ; Comment: (continued on reverse side) G. Will a broader, public need or interest be served bygranting verses denying the vari ance? (Supports appl i cati on i f Yes ) Yes ~`fJo ; Comment: ~ H. Is the case supported by substantial reliance on illegal or non-conforming precedent(s)? (Supports application if No) Yes ; 14o Comment: N I. Vfill granting the variance adversely affect the overall zoning design, plan or concept for either the immedi'ote,area or the entire County? (Supports application if No) Yes ; No Comment: J. Is the case for a variance substantially based upon a lack of reasonable economi c return or a cl aim that the exi sti ng'-.~'ructure i s too smal l? (Supports application if No) Yes ; No Comnent: K. Will.the granting of the variance be inconsistent with the general purpose and in~ent of the Comprehensive Plan? (Supports application if No) Yes.; No ; Comment: ~ , L. Did the practical difficulty which gives rise to the variance request exist before the present owner acquired the property? (Supports application if Yes) Yes No ; Comment , M. Wi 11 the granti ng of the vari ance resul t i n a defa~~t9 -ione recl assi fi ca- tion? (Supports application if No) Yes ; ~Jo ; Comnent: N. Is the requested variance substantially for the purpose of circumventing density regulitions designed to protect the Aquifer? (Supports application if No) Yes /No ; Comment: , 0047z/Archive 0002z 2 ~ _ ~ yq L ' ~ ~ . . 7 BARxErr Assocum: , REAL ESTATE STEPHEN L. BAR,RETT APPRAISER A." SALES ASSOCIATE S. 312 CEDAR ST. SUITE A OFFICE 609-747-6414 SPOKANE, WA 99204 RES. 509-245-3204 ~ ~ . ~`,~~-~j•, 'i10 •s ,:;;:.~'w coI ~~i~ ~ ~ KT~ ~ p F 0 ' 4 « ~c f-- ~5' - p~~' c~ i~ ~ r ` t~ t'~► ~'S ` -T- x r . t}00 (1t ) 1 t } ~}T At_- ' ~ . u ~ 1 p~I~' )t? . ~~~s lt~~ ~dF~ h ~ UNV.,.~ : -r~,x N ~ ~ ' • . sr- I AV E. S. o !RF" 05 01 ~~~k!3 ~7 r T ,C~ ~-)()q i ~ oo Ar;r-,;E' :3I 135 01. ~t3 4 , g~.,~t? D a_ t",C~t • : . Ar- . : t tF-A t. • ZONING ADJUSTOR SPOKANE COUNTY, WASHINGTON IN THE MATTER OF A CONDITIONAL USE PERMIT ) FOR A BOARDING IiOME FOR ORGANIC MENTALLY ILL ) FINDINGS, CONCLUSIONS PERSONS AND TWO VARIANCES FROM THE STANDARDS ) AND DECISION AS SET FORTH FOR SUCH A CONDITIONAL USE ) PERMIT. (CUE-41-86 6 VE-79-87)9) GERALDINE SARFF ) SUMMARY OF APPLICATION The applicaat wishes to establish a boarding home for organic mentally 111 persoas. The tacility would be licensed as a boarding home by the Washington State Departmeat of Social and Health Services. Section 4.24.040 of the Spokane County Zoning Ordinance allows such a use in the Agricultural Zone upon issuance of a coaditional use permit for a retirement home, convalescent home or nursing home. In 4.24.040 (b) (1) a minimum of three (3) acres is required, whereas the applicaat proposes to use the existing dwelliag unit (remodeled) existing on the preseat .43 acres. The Zoning Ordinance also requires, in Section 4.24.040 (b) (2) a standard of 125 feet of lot width at the building line, whereas the applicant's proposal involves a dwelliag unit which is only 103 feet wide at the building line. Authority to consider and grant such a request exiets purauant to Sections 4.24.040, 4.04.170 g., 4.24 010 aad 4.24.040 of the Spokane County Zoaing Ordinance. LOCATION The property is generally located in Spokaae Valley, north of and adjacent to Misaion Avenue (backed-up to I-90 right-of-way), between Progresa Road and Adams Road in the NE 1/4 of Section 14, Township 25, Raage 44. The Assessor's parcel number is 14541-0908. The property is addressed as E. 14819 Mission Aveaue. DECISION OF THE ZONING ADJUSTOR ~ Based upon the evidence presented aad circumstances associated with the project proposal, the Zoning Adjustor APPROVES the coaditional use permit and two variances, to .43 acrea in size aad to 103 feet of f rontage at the buildiag line, conditioned as set forth below. PUBLIC HEARING After examining all available information on file with the application and visiting the sub3ect property and surrounding area, the Zoaing Adjustor conducted a public hearing on September 9, 1987, rendered a verbal decision on September 9, 1987, aad a written decision on SepCember 17, 1987. FINDINGS OF FACT 1. The proposal is generally located in the Spokaae Valley, north of and adjacent to Mission Avenue (backed-up to I-90 right-of-way), betweea Progress Road and Adams Road in the NE 1/4 of Section 14, Towaship 25, Range 44 and is further deacribed as Asseasor's parcel number 14541-0908, beiag more completely described in Zoniag Adjustor File #CUE-41-86 and #VE-79-87. The property is addressed as E. 14819 Miesion Avenue. 2. The proposal consists of the conversion of a single-family dwelling unit, presently being used to provide care for several victima of organic menCal illaess who presently board/room with the applicant in the dwelling unit. The proposal would add an addition onto this dwelling uait to convert it to a boarding house, as licensed by the Department of Social and Health FINDINGS, CONCLQSION AND llECISION PAGE 2 GERALDINE SARFF, CUE-41-86 & VE-79-87 Services, and for approximately 12 occupants. The applicaat/owner would no longer reside in the houae, but iastead there would be custodial nursing care provided by an arouad-the-clock staff who would be noaresideat. The facility would be to either run ia two 12-hour shifte or three 8-hour shifts, with oaly one person on duty at a time. The only provision the Spokane County Zoning Ordinance has for this facility is as a conditional use permit for a retirement home, convalescent home or nursing home. This is Che section, 4.24.040, under which the applicant has applied. The standards of this condition require a 3-acre site and 125 f eet of width at the building line. The applicant's property consists of approximately .43 acres and has only 103 feet of width at the building liae. 3. The adopted Spokane County Future Land Use Plan designates the area of the proposal as Urbaa and the proposal is coasistent with the County's entire Comprehensive Plaa, including the Future Land Use Plaa. 4. The site is zoned Agricultural-Suburban which would allow the proposed use upon approval of this application. 5. The existing land uses in the area of the proposal include Interstate 90 adjaceat and to the north, duplexes to the east and the west and a mixed residential area to the south coaCaining both single family and duplexes, all of which are compatible with the proposal. The compatibility exisCs f rom the staadpoint that none of the patients leave the property and any exercising they are able to do is conf ined to the rear yard, is very passive and not abusive to the neighborhood. The patients are aot ia any state which may present any harm or danger to resideats of the area or to vehicular traffic. 6. The County Engineering Department expressed concern that patients may end up walking on Mission Avenue, which has a relatively high traff ic volume and no sidewalks. Testimony provided in the hearing indicated that this will would not be the practice and should rarely, if ever, occur. 7. The applicant must bring the house up to standards of a food preparation kitchen and must make various remodeling improvements to the ineide to malce the structure meet the fire code aad the requirementa of the Department of Social and Health Servicea. 8. The applicant testif ied that an architect would be engaged to prepare the construction plaas for the dwelling unit so there would be consisteacy of architectual design. The applicant also testif ied that the driveway to the preseat garage would more thaa likely be removed and be seeded to grass or sodded A circular driveway would be iastalled to provide parking for the limited number of visitors which call at this type of facility. This type of facility has opea visiting hours from morning until bedtime. However, the applicant testified that very little visiting takes place, due to the type of illness iavolved. Visits are usually of a very short duration and come at a variety of times duriag the day. The applicant's testimony was that there would not be aay coaflict or traff ic congestion. The applicant also described that during the time of her operation over the past f ew years, there have been no complaints from any aeighboriag property owners. There would be a slight iacrease in the number of deliveries, particularly for food. Even at that, there would be no more than three f ood deliveries per wee k and the laundry service would continue to make only one stop per wee k. 9. The property owner of the duplex to the east, who residea at another location, in addition to stating that there was no objection to this type of facility, indicated that this kiad of facility makes a good neighbor. fle had observed the operation since its inception and could vouch for the fact that it does not disrupt the neighborhood or otherwise cause adverse effects. 10. There is no record that a conditional use permit and/or variance has ever been granted for this type of boarding facility in Spokane Couuty, outside of the City of Spokane. Several are reported to be located within the City of Spokane. FINDINGS, CONCLUSION a1VD DECISION PAGE 3 GERALDINE SARFF, CUE-41-86 & VE-79-87 11. Pursuant to the State Environmental Policy Act, the environmental chec klist and other data have been reviewed and the project has been found not to have any probable signif icant adverse impacts to the physical environment. A Determinatioa of Nonsignificance (DNS) was issued on August 11, 1987 and sent to twelve (12) agencies of jurisdiction. The agencies reviewing the chec klist aeither indicated that a more detailed environmental review should be provided nor commented that the DNS should be reconsidered. Comments regarding environmental matters were not made at the public hearing. The re was not sufficient evidence presented pursuant to WAC 197-11-340 (3) (a) to withdraw the DNS 12. The applicaat has been made aware of the recommendations of various CountyfState agencies reviewiag this project and has indicated she can comply with those recommendaCions. 13. The proposed site plan indicates that setbac ks, parking, height of the structure(s) will conform to the Spokane Couaty Zoning Ordinaace. The proposed site plan indicates adequate parking for at least 4 vehicles, one of which would be that of the single employee. Given the low level of visitations and the limited number of deliveries, the proposed parking and the loop driveway provides adequate off-street parking and delivery space. Refer to the site plan approved for substantial confornaance, as contained in the file. It indicates 4 parking stalls on an approximately 20-foot-wide circular driveway. This provides approxicnately 10 feet of clear drive through space for delivery trucks. The approved site plan also indicates low-lying landscaping with up to 3 dwarf flowering tcees to be provided between the driveway and the street, as well as removal of the existiag driveway and returniag of it to seeded or sod turf. 14 No one appeared to oppose the proposal nor were any written comments adverse to the proposal received. 15. The proper legal requirements for advertising of the hearing before the Zoning Adjustor of Spokane County have been met. 16. Any conclusion hereinafter stated which may be deemed a finding herein is hereby adopted as such From the Findings, the Zoaing Adjustor comes to these. CONCLUSIONS 1. The variances will not authorize a use otherwise prohibited in the zone. 2. With the coaditions of approval set forth below, the variaaces will a) not constitute a grant of special privileges inconsistent with limitations on other properties in the vicinity and similar zone, b) ensure that the intent and purpose of the Zoning Ordinance is achieved with regard to location, site design, appearance, and landscaping, etc, and c) protect the environment, public interest and general welfare 3. There are special circumstances applicable to the property which, when combined with the standards of the Zoning Ordinance, create practicaZ difficulties for the use of the property and/or deprive the property of righta and privileges common to other properties in the vicinity and similar zone classificatioas. The authors of the Zoning Ordinance did not anticipate that it may one day be preferred to care for organic mentally ill persons such as these, in a small more intimate atmosphere, as opposed to a large iastitution. Hence, the Zoning Ordinance falls victim to outdated language with regard to the "state of the a rt" practice of ca ring for persons with these mentally debilitating diseases 4. Granting the variances will be neither materially detrimental to the public welfare nor injurious to property or improvements in the vicinity and zoae. There was, in fact, testimony that this property and its use wae a very compatible neighbor concept FINDINGS, CONCLUSION AND DECISION PAGE 4 GERALDINE SARFF, CUE-41-86 & VE-79-87 5. Strict application of the zoniag standards does create an unreasonable burden in light of the purpose to be served by the standards. Ability to care for persons ia this state of inental debilitation far outweighs any evident negative effects of this project. 6. A broader public need or interest will be served by grantiag verses denying the variancea. 7. The case for the variances was not supported by substaatial reference to or reliance upon legal or nonconforming precedeat(s). 8. Granting the variaaces will aot adversely affect the overall zoning design, plan or concept for either the immediate area or the eatire County. 9. The case for a variances was not based substantially upon a lac k of reasonable ecoaomic return nor a claim that the existing structure is too small. 10. Granting of the variances will not be inconsisteat with the general purpose and intent of the Comprehensive Plan. 11. The graating of the variances will not result ia defacto zone reclassification. 12. The requested variaaces are not substantially for the purpose of circumventing density regulations desigaed to protect the Spokaae Valley-Rathdrum Prairie Aquifer. 13. The proposal is listed ia the Spokaae County Zoning Ordinance as a conditional use allowed in the Agricultural zone and the proposal, as set forth, does not meet the established and applicable criteria described f or that conditioaal use However, the applicant has sought variaaces from the two standards ia which the proposal is not consistent with the staadards. 14. Various performance standards and criteria are additionally needed to make the use compatible with other permitted activities ia the same vicinity aad zone and to easure against imposing excessive demands upoa public utilities and these shall be addressed as conditions of approval. 15. The proposal will not be detrimeatal to the Compreheasive Plan or the surrounding properties. 16. The Zoning Adjustor may require such conditions of approval as aecessary and appropriate to make the pro,ject most compatible with the public interest and geaeral welfare. 11 Any finding hereinbefore stated which may be deemed a conclusion hereia is adopted as such. DECISION The conditional use permit is granted in perpetuity to the property, but shall become null and void if the boarding house ceases for 365 consecutive days From the foregoing Fiadiage and Conclusione, the Zoning Adjustor APPROVES the proposal, including actiag on behalf of the Subdivision Administrator to approve the associated Certificate of Exemptioa(s). The followiag CONDITIONS OF A.PPROVAL ARE STIPULATED. / CONDITIONS OF A.PPROVAL ~e iv I. GENERAL 1. The following conditions shall apply to the applicanl successors in interest. , FINDINGS, CONCLUSION ANll DECISION PAGE S GERALDINE SA.RFF, CUE-41-86 b VE-79-87 2. Failure to comply with any of the coaditiona of approval contained in this decision, except as may be relieved by the Zoniag Adjustor, shall coastitute a violation of the Zoning Ordinance aad be subject to such eaforcement actions as are appropriate. 3. The Building and Safety Department shall assist in coordinatioa of this decision by routing building permit applicatioa(s) to the various departments which participate in or take actions to ensure that various required written documents have beea executed and filed. II. PLANNING DEPARTMENT 1. The development of the site shall occur in substantial conformance to the site plan as approved by the Zoning Adjustor on September 14. 1987. This includes a circular driveway approximately 20 feet in width, the removal of the existing driveway and the committment of that land to seed or to sod and the installation of low lying landscape betweea the driveway and the front property line as indicated on the site plan. Note that up to 3 dwarf flowering trees may be located in that laadscapiag circle, the point is to not obstruct the vision of people entering aad leaving. 2. If the Zoaiag Adjustor believes there are extenuating circumstaaces associated with the reaewal of the permit, he/she may cause there to be a public hearing and recoasideration of the permit, the expense shall be that of the Couaty if such reconsideration ta kes place. 3. The proposal shall be established in substantial conformance with the site plaa approved September 14, 1987 on file in the Planning Department and any modification of the proposed location and plans ahall only be authorized by the Zoniag Adjustor. III. DEPARTMENT OF BUILDING b SAFETY 1. The Building and Safety Department shall assist in coordination of this decision by routing buildiag permit application(s) to the various departments which participate in or take actions to ensure that various required written documeats have been executed aad filed. 2. The applicant shall provide written verification f rom Fire District #1 to the Department of Building b Safety that provisions have been made for adequate fire protectioa prior to the release of building permits. IV. UTILITIES DEPARTMENT None is applicable. V HEALTH DISTRICT 1. A combined surface water and sewage disposal detail plan shall be approved by the Spokane County Engiaeer and the Spokane Couaty Health District prior to the issuance of any building permits for this project. 2. Water service shall be coordinated through the Director of Utilities, Spokane County. 3 Water service shall be by an existing public water supply when approved by the Regional Engineer (Spokane), State Department of Social and Health Services . FINDINGS, CONCLUSION AND DECISION PAGE 6 GERALDINE SARFF, CUE-41-86 & VE-79-$7 4. Pursuant to the Board of County Commissioners Resolution No. 80-041 8, the use of on-site sewer disposal sysCems is hereby authorized. This authorization is conditioned oa compliance with all rules and regulations of the Spokane CounCy Health District and is further conditioned and subject to specific application approval and issuance of permits by the Health Officer. 5. 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 VI. ENGINEEItING DEPARTMENT 1. A combined surface water and sewage disposal detail plan shall be approved by the Spokaae County Engineer and the Spokane County Health District prior to the issuance of any building permits for this project. 2. The owner(s) or successor(s) in interest must obtain an approach permit from the County Engineer prior to the construction of any new access to the county road VII DEPARTMENT OF SOCIAL AND HEALTH SERVICES 1 The applicant shall work with the Department of Social and Health Services and obtain all necessary permits from DSHS and shall improve the building to construction sCandards as specified by DSHS. NOTICE PENDING COMPLETION OF ALL CONDITIONS OF APPROVAL WHICH NEED TO BE COMPLETED PRIOR TO PERMIT ISSUANCE, PERMITS CAN BE RELEASED PRIOR TO THE LAPSE OF THE (10) DAY APPEAL PERIOD. HOWEVER, TNE COUNTY EIAS NO LIABILITY FOR EXPENSES AND INCONVENIENCE INCURRED BY THE APPLICANT IF THE PROJECT APPROVAL IS OVEItTURNED OR ALTERED UPON A.PPEAL. DATED THIS ]I'H DAY OF SEPTEMBER, 1987. 1'j Thomas G. M r, AICP Zoning Adju t r, Spokane County Washington ~ FILED 1) Applicant 2) Parties of Kecord 3) Spokane County Eagineering Department 4) Spokane County Health District 5) Spokane County Utilities Dept. 6) Spokaae County Dept of Building & Safety 7) Planning Dept Cross Reference File and/or Electronic File. 8) Department of Social and Health Services, Attn• Fred Rouadtree NOTE ONLY THE APPLICANT OR AN OPPONENT OF RECORD MAY FILE AN APPEAL WITHIN TEN (10) CALENDAR DAYS OF THE ABOVE DATE OF SIGNING. A.PPEAL MUST BE ACCOMPANIED BY A$100.00 FEE. A.PPEALS MAY BE FILED AT THE SPOKANE COUNTY PI.ANNING DEPARTMENT, BROADWAY CENTRE BUILDING, N. 721 JEFFERSON ST., SPOKANE, WA 99260. (Sections 4.25 090 and 4.25.100 of the Spokaae Couaty Zoaing Ordinance). 0042z/9-87 r ' APPLICANT'S FORM NAME : .5/t9//4?F F, 6r. FILE: I. VARIANCES A. Will the variance authorize a use otherwise prohibited in this zone? Yes ; No -x ; Comment: B. Will special circumstances a licable,to the property (such as size, shape, topography, surroundings when combined with the standards of the Zoning Ordinance, create practical difficulties for use of the property and/or deprive the property of rights and privileges common to other properties in the vicinity,and similiar zone classification? Yesk,, ; tjo - ; Comment : , C. Will the granting of the variance be materially detrimental to the public welfare or injurious to property or improvements in the vicinity and zone? Yes ; No Comnents:, D. Does strict application of the zoning standard create an unreasonable burden in light of purpose to be served by the standard? Yes X ; No ; Comment: E. Would relaxation of the zoning standard make a more enviro rnnentally sensitive or energy-conserving project or encourage continued or new use of an historic property? Yes ; No x ; Comment: F. Will a broader, public need or interest be served by granting verse denying the variance? Yes~ ; No ; Comment: Is the case for a variance supported by other like or similar situations in the vicinity and in similar zones? Yes ; No Comment: ' t (continued on reverse side) T~ H. Wi 11 granti ng the variance adversely affect the averal l zorri ng design, pian vr cancep fQr either the im~raediate area or the entire Cvunty? Yes ; t!o ~ ; Camment: ~ I. Is the ca se far a vari ance subst,antial ly based upon alack vf reasonable ecanomi c return Qr a cl aim that the exi sti ng structure is too sma11 ? yes ; tJo Cvmment; J. Wi l1 granti ng the variance be incansistent wi th the general purpose ~ and intent of the Compreherrsi ve Plan? Yes ; No X ; CawmmQnt: K. Di d the practi cal d'i ffl Culty Wh1 Ch g1 VLS ri se ta the vari ance request exist before the property was acquired by the present owner? Yes Na ; Comment: ~I L. Wi 11 the granti ng of the vari ance resul t i ndefacto zone recl arssi fi ca- ti on; that i s, the establ i shi ng of nearly ai i the pri vi leges eommon to a different zane classif7cation? Yes ; No Comment: _ ~Dves the requested variance result in the circumventivn of density regul ati ons desi gned to prvtect the Aqui fer? Yes ; Nc~ ; G orrment: 0046z/Arch. 0402z 2 ~ + ~ . ~ r • i SPQKANE COUNTY PLANNING DEPAF NT APPL ICATI4N5 BEFQRE THE ZQN ING ADJUSTQR/buAKD OF ADJUSTMENT r . Iloe - -7y _ ,6-7 Certificate of Exerrption Applicatiorti , Name of Ag~l i cant ' - - Street address: Nome: Ci t 71-162._ State: Zi p Code . ` Phone:Work : N ame v P rope rty Owne r( s): REQUE a44N (S)( Ci rcl e qppropri ate--Act n. ari <IQnditional Use Permit Non-Confarming Lvt/Use Waiyer of Yivlatiori Temporary Use/Structure Other: #~******#*t~**~~**~*~***********~*t****~**** FOR STAFF USE UNLY * ~ *Ci te 0 rdin an ce Secti on ~.~a.-. ,,,-•t~ ~'d O1 d Cade• New Co de • * t *Section /47 Townshi p Range iV Property Si ze vP * } ~i~~X t *Existing Zvning. F.L.U.P. Designat3on t t • *PSSA ~ N UTA CN ASA: 0 N FIRE DIST.:-tt-/ LEGAL CHECKED BY t t *Hearing Date Staff takirig ir~ Appl j ~ation . Exi s tin g Us e v f P rope rty ~ - Describe Iritended Proposal • 01, Street Address of Property. Legal Descript7on of Property (Irrcl ude easement i f appl i cable). f~.-.~ - Zv ;,4~~` . Parcel y.~~// -~%0 ~ Source of Legal . . Total amaunt of adjai ri1 ng ] anc# control l ed by this owrier/sponsor What 1r,terest do you hvld in the pmperty , ~ Please list previous Planning Oepartment actions involving thls property I SWEAR, UNOER THE PENALTY OF PERJURY, THAT (1) I AM THE OWNER OF RECORD OR AUTHORI- ZED AGENT FQR THE PROPOSED S ITE ,(2 ) I F NOT THE OWNER, WR ITTEN PERh1ISS ION FROM SAID OWNER AUTHORIZING h1Y ACTIONS ON NIS/HER 6EHALF IS ATTACHED, ANO (3) a1.L QF THE ABOYE RESPONSES AWTHOSE ON SUPPQRTING DQCUMENTS ARE MADE TRUTHFULLY AND 70 THE BEST OF MY ♦t ~t*~Cr!►',°a ~1 `s se `tj~rl.iy .~r fi ~ 5i grr . ~ . Address = ' UrAFt Y Phone No. • ~ Date OOF ~ • 1 Notary • -yr . f. ~ 1 a ~o : 0 dt@ ~ `yASWV~ + , : +.W' (over) i~ I A. BURDEN OF PROOF It i s necess8ry for the appl i cant or his/her representati ve to establ ish the neasons why the requested proposal shoul d be approved and to 1 iteral ly put forth the bas i c case. Accordi ngly, you shoul d have been gi ven a form for your requested action (variance, conditional use, etc. ) designed to help you present your case in a way which addresses the criteria which the Zoning Acjustor must consider. Please fi11 the fonn out and returq► it with your application. If you didn',t get a form9 as6c the P1 anning Departrrent personnel for advi ce on how to proceed. ~ S IGPI-OFF BY COUIdTY DEPARTMEidTS 1 COUNTY HEALTH DISTRICT A prel iminary consul tation has been hel d to discuss the proposal. The appl i- *ant has einfo of requi rements a d s ards. 3 j ~ ~ nature TElate) (sign-of Wai ved) COUNTY ENGINEER'S DEPARTMENT A preliminary consultation has been held to discuss the proposal. The appli- cant has been informed of requi rements and standards. -17 Si 9nature Date~ (Si gn-off Waj ved) 3. COUNTY UT IL IT I ES DEPARTMENT, (W ai ve i f outs i de WMAB ) . A p rel i mi na ry cons ul tati on has been hel d to di s cuss the p ropos al . The applicant ha b i informed of requirerrents arid standards. S nature) IDate (Sign-off tdai veo) ] The applicant is required to discuss the proposal with _ to becorre iiiforned of requi rements and standards. (Distri ct Signature) (Date) (Si gri-off Wai ved) WATER PURVEY04 (Waide if outside CWSSA) NAME• ~ Is o,oT a) _ The proposal located within the boundary of our future service area b) The proposal is/mmoot located raithin the boundary of our current district c) We are/a**moot able to sewe this site with adequate water. d) Satisfactory, ar gements have/have riot been made to serve this proposal gnature) Rate) Tri gn-off Waived) r APPLICAN7' S FORtri MM: ' FILE: . . . I. YARIANCES A. Wi 11 the vari ance suthori ge a use othervori se prohi bi ted 1 n thi;s zone? Yes ; No Cort~nent: _ . . - . , , B. Wi 11 speci al ci rcumstances a 1 ieabl~ to the ro ert t such ss sise, shape, topography, surroun ,ngs when combine t the standards of the Zoni ng Ordi nance, create practi cal diffi cul ti es for use of 4he property and/or deprl ve the propewty of rights and pri vi 1 eges comnwn to other properti es inthe vi cini ty and simi1 i ar zone c1 assifi cati on? Yes ; No - ; Comn+ent: C. Wi 11 the granting of the vari ance be materi al ly detrimental to the publ i c wel fare or i njuri ous to property or lmprovements i n the vi c i ni ty and zone? Yes ; No Coaments 0. Ooes strict application of the aoning standard create an unreasonable burden in light of purpose to be served by the standard? Yes,X No ; Comunent: . E. Would relaxation of the zoning standard make a more endiromnentally sensi ti de or energy-conserdi ng project or encourage eonti nued or new use of an hi storlc property? Yes ; Ido4 Cortenent: F. ldi 11 a broader9 publ i c need o,r i nterest be served by granting verse denying the variance? Yes~ ; No ; Comment: AP . I s the case for a dari ance supported by other 1 i ke or simi 1 ar° s1 tuati ons i n the vi cini ty and i n simi 1 ar aones? Yes ; Ho ; • Cortment. . ~ - (continued on reverse side) s H. Wi11 granting the variance adversely affect the overall zoning design9 plan or concep or either the imemediate area or the entire County? Yes ; fJo ; Comments I. Is the case for a variance substantially based upon a lack of reasonable economic return or a claim that the existing structure is too smal l? yes , No Cortenent: J. Wi 11 granti ng the dari ance be i nconsi stent arith the general purpose and intent of the Comprehenst ve Pl an? Yes ; P!o a Comment: K. Did the practical difficulty which gives rise to the variance request exi st before the property was acqui red by the present owner? Yes No , Comnent: _ L. Wi 11 the granti ng of the vari ance resul t i n defacto zone recl assi fi ca- ti on; that is s the establ i shi ng of nearly a11 the pri vi 1 eges comnon to a different aone classification? Yes ; No,je~S ; Comment: Does the requested dari ance resul t i n the circumventi on of densi ty regulations designed to protect the Aquifer? Yes ; No,; Cortment: _ 0046t/Arch. 0002z 2 APPLICANT'S FORM - ~ , . FILE _ V. CONOITIONAL USES State Law, Section 36. 70.020 (7), cl ari fies that the oounty ordinances must speci fy the standards and criteri a that shal l be appl i ed i n the revi ew by the Zoni ng Adj us to r ~1. Assuming the proposal is listed as a"permitted" oonditional use, do you " bel i eve the propos al neets al l of the requi red establ ished and appt i cabl e c ri te ri a7 . 6 1 What have you done or coul d you do to: J 1) mabce the use oorrpati bl e ari th othe r permi tted acti vi ti es in the s ame vicinity and Zone? AND assure against irrposing excessive dema,ids upon public utilities? u Ltev ob ri 14 0 aLt_ . _ awan LdL ~ Explain how or why the proposal arill not be detrimental to: 1) the Comp-rehensive Plan e~~,4 -t'vltAGxy C' AND 2 surrounding propertylS ~ e, t. . ~ • reret ~ What reasonable restrict~ons, condltions or safeguards will uphold the spirit and intent (health, safety and general welfare) of the Zoning Ordinance MD mitigate any adverse effect upon the neighboring ptoperties-- including but not lirmted to (1) time limnts, (2) front, s'de or rear yard greater than minimum stated, (3) suitable landscaping, (4) stgning,o (5) off-street parbctng, and (6) others? _ ► .A - - SPOKANE COUNTY PLANNING DEPARTMENT 40 APP~ICqI0N5 BEFORE THE ZONING ADJUSTOR/BOARD OF ADJUSTMENT F I LE #~r' CONTACT : 0 h HEAR I NG DATE : NOTE 70 APPLICANT: Additional information may be required by the Planning Department after the application is submitted. ~ Additional Fee Requirements In order to assist you with your financial planning regarding this application, PLEASE 6E ADVISED THAT OTHER DEPAR7MENTS AND AGENCIES WITH WHICH YOU ARE REQUIRED TO CONSULT MAY CHARGE YOU AN ADDITIONAI FEE. 7he fees charged by the Planning Department only partially defer our administrative costs and are not shared with other departments or agencies Prel imi nary Submi ttal Prior to filing an application, the project sponsor shall become famillar with the current procedures and forms. Planning Department staff inembers are available for advice on current procedures, past actions which may affect the proposal and the Zoning Ordinance requirements. Scheduling an Application for Public Hearin% Comp,lete appllcatlons received by the Planning Department will be scheduled for public 'hearing on the earliest possible date. Staff will contact the applicant approximatel~ 21 days prior to the public hearing, and provide the information needed to fulfill thE notification requirements outlined in "E." below. (JD;) Submittal Requirements The Planning Department staff requires that the following information be submitted at a minimum NOTE WE HAYE A FREE NOTARY SERVICE AT OUR OFFICE. ~ Completed application form (9reen) ~ Completed certificate of exemQtion form (yellow) (if required) ~ Completed environmental checklist (if r•equired) ~ Assessor's section map for subject parcel and property within 300 feet (Obtained at the County Assess rOffice). If required by the Planning Department, obtain one . The maps are to be submitted with the application form and other requtired information to the Planning D~partm .utline the subject parcel ,~t! Adjoining Assessor s maps that are nee ed .4r, Statement of Attending Physician for Dependent Relative (if applicable) k affidavit of Dependent Relative Circumstances (if applicable) ' ~ Fees - Fees are itemized as follows. Dependent Relative Conditional Use Permit $ 50 00 Conditional Use Permit 5 e~ Vari ance 00 c~ Waiver of Yiolatior► ) Envlronmental Checklist 4:Pow 5 0 0 fee wi be char e~ at ~fy~~ lication conference and a lied ard tne finai fee when~the appfication is submitted. ~ Stte Plan - Submit four opies of the proposal drawn to scale and indicating rsccale ~Towing tnformat uf drawing parking areas/spaces/ b north arrow driveways c vicinity map ~ landscapin g al;~ site area showing property boundaries fencing and dimensions ~ to o ra h of the site e width and names of streets adjacent p 9 p y the ~fY1 to the s 1 te he-pro pe r'ty ~ f existing buildings eptic tank, drainfield 17 ~ proposed buildings (including and well exterior decks/balconies) showing o. dimensions from proposed dimensions and distance to property structures to the ordtnary ~`"~`f"~" ~ boundaries ~ gh water mark of al 1 water height of all structures !t h , bodies within 200 feet Kn ~ o V St 1 ~ K1del 410Vi I 1% 6 o+ o~ • . ' . y . E. Notification Requirements The applicant is to prodide notification as follows: Ste 1: ~lll properties within three hundred (~300) feet of the proposal shall be nified by the proponento Utiliging the addresses obtained from the Planning Departrnent or a Title Company and copies of the Agenda Notification prepared by the Planning Department, the applicant sha11 mail the Agenda Notification by first class no later than 12 days prior to the public hearing. ~Step 2: The applicant shall provide the Property Owners List, Affidavit of Mai1ing and all returned mails to the Planning Department two (2) days prior to the public hearing for inclusion in the file. F. Publ i c Nearinq ?he applicant or a representative must be present at the public hearing. If the oarner is not at the meeting. the "representatlve" must have written authori- Zation from all owner(s) to act on their behalf. ` A ~ r ` ~ \ 1 r ~ - ~ ~ f ~