VE-16-91 & CUE-13-91
ZONING ADJUSTOR
SPOKANE COUNTY, WASHINGTON
IN THE MATTER OF A CONDITIONAL )
USE PERMIT FOR SPECIALIZED ) FINDINGS OF FACT,
TRAIlVING/LEARNING SCHOOL ) CONCLUSIUNS,
[CUE-13•91] CHURCH OF JESUS CHRIST ) AND DECISION
OF LATTER DAY SAINTS )
COMPANION FILES: CE-202-91 (A-C); )
VE-16-91 & AI-3-91 )
ADDRESS: NONE ASSIGNED
PARCEL NUMBER: 45012.9054
APPLICATION DESCRIPTION: The applicant proposes to estabhsh a specialized
learning-school for religious training and instrucnon. Sections 14.623.020. and
14.624.240.3. of the Zoning Code of Spokane County allows this use upon issuance of a
conditiorol use permit pursuant to secdon 14.404.100. Authority to consider such a request
exists pursuant to section 14.404.101 the Zoning Code for Spokane County and Spoka.ae
County Board of County Commissioners resoluaon No. 89 0708, as may be amended. A
variance from the parking standards for a specialized training/learning school
is also sought and is dealt with by separately written decision VE-16-91.
PROJECT LOCATION: Located in east central Spokane County, on the southeast corner
of Wellesley Avenue and Sullivan Road in the NW 1/4 of Section 1, Township 25N, Range
44EWM.
OPPONENTS OF RECORD: James W. Roe
PUBLIC HEARING AND DECISIUN: After consideration of all available information
on file, exhibits submitted and testimony received during the course of the ublic hearing held
on Jul 9,1991, the Zoning Adjustor rendered a wntten decision on July , 1991 to
A►PPROVE the application; but dces not pass judge herein on the variance request of
VE-16-91.
FINDINGS OF FACT AND CONCLUSIONS
1. The proposal is described above and detailed in documents contained in the file.
2. The adopted Spokane County Comprehensive Plan designates the area of the
proposal as Urban. The proposal is generally consistent with Urban category of the
Comprehensive Plan and complies with RCW 36 70.450 The Counry Artenal Road Plan
designates both Sullivan and Wellesley as Principal Artenals wnth future 100 feet widths.
3. The site is zoned Neighborhood Business (B-1), which allows the proposed use
upon approval of this application.
4. The existing land uses in the area of the proposal include East Valley Jr. and Sr.
High Schools, to the north and northwest, single family residences to the east, vacant land to
the south and 4 plex apartments to the west. Typically, uses listed as a conditional use ar+e
assumed as permitted in the underlying zone, subject to the listed conditions and any other
conditions need to assure compatibility in the given instance. But, pursuant to 14.404.101,
CASE NO. CUE-13-91 SPOKANE C:OUNTY ZONING ADJUSTOR PAGE 2
, the requested conditional use permit may be denied if the Hearing Body cannot find that the
requested use will be compatible with other permitted uses. Secnon 14,624 240.3 lists no
specific conditions or stanclards to achieve compatibility, except parldng standards of 1 car
parking space per each 100 feet of building (from which the applicant seeks relief through
variance VE-16-91). The Heanng Bod.y may exercise nonunal discretion to achieve the overall
intent of compatibility vvith surnounding propernes Clearly, 14.404.102 allows the Hearing
Body to impose any and all manner of additional condinons and requirements in an effort to
achieve maximum compatibility. In the instant situaaon enough land should be available in any
approval to fulfill parking needs for full expansion (phase 2) of the seminary and for a typical
B-1- use in the event the seminary use is not continued Design compatibility with the
surrounding area, both in the temporary building as well as the permanent structures, is
needed. Vehicular and student pedestrian safety must also be addressed.
6. Pursuant to the Staxe Environmental Policy Act, the envuonmental checklist and
other data have been reviewed and the project has been found to not have any probable
sigruficant adverse unpacts to the physical envvronment. A Deternunation of Nonsignificance
(DNS) was issued on June 14,1991 and sent to 6 agencies of jurisdiction. The agencies
reviewing the checklist neither indicated that a more detailed environmental review should be
provided nor commented thax the DNS should be reconsidered. Cornments regarding the
environmental matters were not made at the public heanng. There was not sufficient evidence
presented pursuant to WAC 197-11-340(3)(a) to withdraw the DNS.
7. The applicant has been made aware of the recommendarions of various County
agencies reviewing ttus project and has indicated those recommendations are generally
acceptable. The Connty Division of Engineering and Roads requests certain roadway
dedications through GE-202-91A. The CE to create the subject parcel was issued contingent
upon dedication and the establishment of certain future acquisinon reserve areas pursuant to the
County's Arterial Road Plan. Building setbacks are established from those reserve areas. The
GE was not appealed.
8. The proper legal requirements for advertising of the hearing before the Zoning
Adjustor of Sgokane County have been met
9. Adverse testimony and written comments were received regarding the proposal.
Comments were received in writing from Geraldine Mull; wherein, she felt that to deviate from
the parking stand,ards would create a situation of on-street parking and a resulting driving
hazard. A letter and verbal tesamony was received from James W. Roe, Director of the
Present day Saints Ministry. Mr. Roe attempted to enter into the record numerous comments
regarding the theological phdosophy and pracnce of the Church of Jesus Christ of Latter Day
Saints, which comments were not considered by the Zoning Adjustor in rendering this
decision.
10. The Zoning Adjustor may requiroe such condinons of approval as necessary and
appropriate to make the project most compaable with the public interest and general welfare.
11. Various perfoimance standards and cnteria are addibonally needed to make the use
compatible with other peimitted acavides in the same vicinity and zone and to ensure against
imposing excessive demands upon public utilifaes, and these shall be addressed as condidons
of approval.
RP-CUE-13-91 LDS Deciston
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CASE NO. CUE-13-91 SF4KANE COL'fNTY ZONIlNG A►DJUSTOR PAGE 3
12. Students coming and going to and from this facility and the East Valley High
School are at risk if they do not cross at a marked crosswallc; presently only existing at
Wellesley Avenue and Sullivan Road.
13. The proposal is listed in the Zoning Code of Spokane County as a conditional use
allowed in the Business-1(B-1) zone, and the proposal does meet the established and
applicable criteria described far that conditional use. NOTE: Pursuant to
14.624.2403.b., instruction is limited to 20 students at a time. Expansion to
phase 2 may likely require application for and granting of a variance from this
standard.
14. The proposal will not be detnmental to surrounding properties.
DECISION
Fmm the foregoing Find.ings and Conclusions, the Zoning Adjustor APPROVES
the conditional use subject to compliance with the following:
CONDITIONS OF APPRQVAL
I. GENERAL
1. The following condidons shall apply to the applicant, owner and successors in
interest and shall run with the land.
2. Failure to comply with any of the condidons of approval contaiined in this decision,
except as may be relieved by the Zoning Adjustor, shall constitute a violation of the Zoning
Code for Spokane County and be subject to such enforcement as is appropnate
3. The Zorung Adjustor may administratively make minor adjustments to site plans or
the conditions of approval as may be judged by the Zomng Adjustor to be within the aontext of
the ori ginal decision.
4. The approva[ of a conditional use permit is linked to VE-16-91. If
this eonditional use permit is voided or the land use changes to other than a
seminary use, the variance is voided.
U. PLANNING DEPARTMENT
1. This parcel shall not be further subdivided unless consistent with RCW 58.17,
the various county subdivision regularions and the Spokane County Comprehensive Plan for
the area. Additionally, as long as this conditional use permit is valid, the land shall not be
subdivided due to the possible need for additional parking if the pernut is voided and a new use
occupies the building.
RP-CUE-13•91 LOS Decision
CASE NO. CUE-13-91 SFOKANE COUNTY ?UNIlVG ADNSTOR PAGE 4
2. The proposal shall comply with all apphcable standards of section 14.624.240.3. of
the Zoning Code of Spokane County unless devianons, vanances or exceptions have been
lawfully granted. (See VE-16-91)
3. This permit is granted in perpetuity, subject to the revocation or suspension of
provision of 14.404.102.3. of the Zoning Code.
4. A specif'ic landscape plan, plantulg schedule and provisions for maintenance
acceptable tio the Planning Director/designee shall be submutted (including both a temporary and
perinanent structm) with a performance bond (or other financial guarantee) for the project
prior to release of building permits. Landscaping shall be installed and maintained so that sight
distance at access points is not obscured or impaired
5. The Planning Directorldesignee shall approve a specific exterior lighting plan prior
to installation of such lightmg. The plan shall attempt to confine illumination to the area with
full consideration to adjacent properties.
6. A new specific development plan shall be submitted for Planning
Department review and approval prior to issuance of building perrmts. Since there are literally
two building schemes proposed for this site, it will be necessary for two site plans to
eventually be approved. Fnrst, site plan approval is necessary as associated with the phase 1
pre-fab mobfle-home type structure as designated on the prelimunary site plan submitted for
the hearing. A second site plan must be aecessanly approved pnor to the construction of a
permanent building and the removal of the pre-fab structure. The followuig requirements
applies respectively to the site plan approval for the pre-fab building and the later site plan
approval for the peimanent structure. In each case, a substantial portion of the site is going to
be dedicated and committed on the west and the north sides to roadway dedicadon and future
acquisition area reserve. In light of this requuement, an entirely new site plan and building
orientation, complete with urilization of the enare site may be submitted to the Planning
Department. Construction must be judged as proceeding according to the approved plan or
constitute a zoning violation. The plans (both for the pre-fab and permanent structures)
submitted and ultuutely to be approved shall conform to the following:
a. The underlying provisions of all B-1 standards except as relieved by this
perinit or any variance granted
b. Muumally a sidewallc shall be provlded on Wellesley; one on Snllivan is
recommended.
c. Requuvd roadway dedicaaons, display of requued future acquisition areas
(FAA) and yard setbacks 25 feet from the FAA, landscaping (with a financial
guarantee based upon an estimated cost of installation, including urigation),
requvred paved parking, etc.
d. A sight obscuring fence four feet tall along the east property line from the
newly established property line southward to the south property line.
RP-CUE-13-91 LDS Decision
CASE NO. CUE-13-91 SPOK:ANE COUNTY ZONING ADNSTOR PAGE 5
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7. Planning Department shall file a Title Notice in the Spokane County Auditor's
Office which establishes that the number of parldng stalls associated with this structure is tied
to the conditional use permit for the seminary activity and stating that if the building or property
is put to any other use, it is likely that additional parking requirements must be meL
8. The Spokane County Planning Department shall prepare and record with the
County Auditar a Tide Notice specifying a future land acqulsition area for road right of-way
and utilides. The reserved future acquisition area Title Nodce shall be released, in full or in
part, by the Planning Department The aotice should be recorded wnthin the same time frame
as an appeal and shall provide the following:
a. At least 20 feet of reserved future acquisiaon area for road right-of-way and
utilities, in addition to the existing and/or newly dedicated nght-of-way along
Wellesley Avenue. NOTE: The County Engnneer has required 0 feet of new
dedication.
b. Futtue buildi.ng and other setbacks required by the Spokane County Zorring Code
shall be measured from the reserved futnre acquisition area.
c. No required landscaping, parking, '208' areas, drainfield or allowed slgns should
be located within the future acquisition area for road right-of-way and utilities. If
any of the above improvements are made within this area, they shall be relocated
at the applicanes expense when roadway improvements are made.
d. The future acquisiuon area, until acquired, shall be private property and may be
used as allowed in the zone, except that any improvements (such as landscaping,
parldng, surface drainage, dra.infield, signs or others) shall be considered interim
uses.
9. The Spokane County Planning Department shall prepare and record with the
County Aud.itor a Title Nodce specffying a future land acquisiaon area for road right of-way
and urilities. The reserved future acquisition area Title Notice shall be released, in full or in
part, by the Planning Department The notice should be recorded within the same time frame
as an appeal and shall provide the followmg:
a. At Ieast 16 feet of reserved future acquisinon area for road right-of-way and
urilities, in addition to the exisdng and/or newly dedicated right-of-way along
Sullivan Road. NOTE: The County Engineer has requued 4 feet of new
dedication.
b. Future building and other setbacks requlred by the Spokane County Zoning Code
shall be measured from the reserved future acquisihon area.
c. No required landscaping, parking, '208' areas, drainfield or allowed signs should
be located within the future acquisinon area for road nght-of-way and utilities. If
any of the above improvements are made within this anea, they shall be relocated
at the applicant's expense when roadway improvements are made.
RP-CUE-13-91 LDS Decision
G 1
CASE NO. CUE-13-91 SPOKA]NE COUNTY ZONIlVG ADNSTOR PAGE 6
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d. The future acquistion area, until acquired, shall be private property and may be
used as allowed in the zone, except that any improvements (such as landscaping,
parking, surface drainage, drainfield, signs or others) shall be considered interim
uses.
10. The Planning Department shall prepare and record with the Spokane County
Auditor a Tide Nodce noting that the property in quesdon is subject to a variety of special
conditions imposed as a result of approval of a land use acrion. This Title Notice shall serve as
public notice of the vondidons of approval affecang the property in question. The Tide Notice
should be recorded within the same time frame as allowed for an appeal and shall only be
released, in full or in part, by the Planning Department. The Title Nodce shall generally
provide as follows:
The parcel of property legaliy described as is the
subject of a land use action by a Spokane County Hearing Body or
Administrative Official on , impvsing a variety of special
development conditions. File No. is available for inspection
and copying in the Spokane County Planning Department.
11. The phase 1 pre-fab "mobile-home" type strucnire identified in the site plaa of April
19,1991, shall meet the spirit and intent, if not the letter, of section 14.808.060.1-4. of the
Zonuig Code, which section addresses appearance.
12. The subject parcel shall not be further subdivided; but, shall remain intact, allowing
for the future possibility of the abandonment of the seminary use in the building and ttie
necessity to construct additional parking in order to satisfy the parlcing requirements in the B-1
Zone.
13. The applicant/operatar of the senunary facility shall do everything within its power
to see to it that students from the nearby East Valley High School use the controlled intersection
at Wellesley Avenue and Sullivan Road. This may include having each student commit to ttus
principal by signing a contract that addresses their understanding of the necessity to cross at
Wellesley and Sullivan. This is similaz to the commitment descnbed by the sponscyrs, wherein
the students make a commitment not to drive their cars to the site. The situadon could also be
improved at this locadon if the applicants were able to convince the County Division of
Engineering and Roads to stnp an official cross walk at the westerly side of Tolford Road
intersection and Wellesley Avenue, across Wellesley Avenue. However, the striping of
Wellesley at Tolford Road is neither a requirement of this permit nor a substitute for preferned
crossmg at Wellesley and Sullivan.
14. The hours of operarion shall be equrvalent to the days of operarion of East Valley
High School, except that the seminary may generaliy operate 1 hour before school officially
commences and 1 hour after school officially ends
15 The present permit limits the function to 20 students since no
variance was sought with respect to a deviation from the standards for a
specialized training/learning school which limits the number of students to 20.
RP-CUE-13-91 LDS Decisfon
r 41
CASE NO. CUE-13-91 SPOK;ANE COUNTY ZONIIVG ADNSTOR PAGE 7
M. DIVISION OF BUILDINGS
1. The issuance of a building permit by the Division of Buildings is required.
2. Requirements of Fire District No. 1 need to be satisfied during the building or
occupancy perrmit process.
3. The applicant shall contact the Department of Building and Safety at the earliest
possible stage of design/development in order to be informed of code requirements
aidministered/enforced by the department, e.g., State Building Code Act regulations, such as
requirements for fire hydrantJflow, fire apparatus access roads, street address assignment,
barrier-free regulauons, energy code regulations and general coordinaaon with other aspects of
project implementation.
IV. DIVISION OF UTILITIES
1. Pursuant to the Board of County Commissioners Resolurion No. 80-0418, the use
of on-site sewer disposal systems is hereby authonzed This authorization is conditioned on
compliance with all rules and regulations of the Spokane County Health Ihstrict and is further
conditioned and subject to specific applicaaon 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 far the formadon of a ULID by petinon 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 pedtion against the fonnation of a ULID by resolution method pursuant to RCW
Chapter 36.94 wluch includes the Owner(s) propeny PROVIDED, this condition shall not
prohibit the Owner(s) or Successor(s) from objecnon to any assessment(s) on the property as a
result of improvements called for in conjunction with the formanon of a ULID by either petition
or resolution method under RCW Chapter 36.94
3. Any water service for this project shall be provided in accordance with the
Coordinated Water System Plan for Spokane County, as amended.
4. The building shall be double-plumbed for connection to future areawide collection
systems.
V. SPOKANE COUNTY HEALTii DISTRICT
1. Sewage disposal method shall be as authonzed by the Director of Utiliries, Spokane
County.
2. Water service shall be coordmated through the Director of Utihties, Spokane
County.
3. Water service shall be by a new/an exisnng public water supply when approved by
the Regional Engineer (Spokane), State Department of Health
RP-CUE•13-91 LDS Decision
o ~
CASE NO. CUE-13-91 SPOKANE COUNTY ZONIIVG A►DNSTOR PAGE 8
4. Subject to specffic application approval and issuance of permits by the health
officer, the use of an individual on-site sewage disposal system may be authorized.
5. Disposal of sewage effluent beneath paved surfaces is currendy prohibited.
VI. DIVISION OF ENGINEERING AND ROADS
1. An approach permit shall be obtained from the County Engineering Department
pnor tQ the construction of any new driveway approaches. This shall be done prior to the
release of a building permit, change of use perant or certificate of occupancy.
2. The applicant shall contact Fire District No.l to assure that fire district access
standards and the provisions of the Fire Code are being met
3. Apphcant shall sign and record Spokane County Noace to the Public No. 6 which
specif'ies the following:
The owner(s) or successor(s) in interest agree to authorize the County to place their name(s) on
a petiaon for the formation of a Road Improvement Distnct (RID) by the petition method
pursuant to Chapter 36.88 RCW, which petirion includes the owner(s) property, and further
not to object, by the signing of a ballot, the fonnanon of a RID by the resolution method
pursuant to Chapter 36.88 RCW, which resolunon includes the owner(s) property. If an RID
is formed by either the petirion or resoludon method, as provided for in Chapter 36.88 RCW,
the owner(s) or successor(s) further agree:
(a) that the unprovement or construcnon contemplated within the proposed RID is
feasible;
(b) that the benefits to be derived from the formanon of the RID by the property
included therein, together with the amount of any County participation, exceeds
the cost and expense of formation of the RID, and
(c) that the property within the proposed RID is sufficiently developed.
4. Provided further that the owner(s) or successor(s) shall retain the right, as
authorized under RCW 36.88.090, to object to any assessment on the property as a result of
the improvements called for in conjunction with the formation of the RID by either petition or
roesolution method under Chapter 36.88 RCW
This requirement applies to Sullivan Road, from which the subject parcel takes access.
5. The County Arterial Road Plan idendfies Sullivan Road as a Principal Arterial. The
existing right-of-way width of 60 feet is not consistent with that specified in the Plan. In order
to unplement the Arterial Road Plan, in addiaon to the required nght-of-way dedicarion, a strip
of property 16 feet in vcndth along the Sullivan Road frontage shall be set aside in reserve. This
property may be acquired by Spokane County at the ame when artenal improvements are made
to Sullivan Road
RP-CUE-13-91 LDS Decision
CASE NO. CUE-13-91 SPOKANE COUNTY ZON ING ADJUSTOR PAGE 9
6. The County Arterial Road Plan identifies Wellesley Avenue as a Principal Arterial.
The existing right-of-way width of 60 feet is not consistent with that specified in the Plan. In
order to implement the Arterial Road Plan, in addition to the required nght-of-way dedication, a
strip of property 20 feet in width along the Wellesley Avenue frontage shall be set aside i11
reserve. This property may be acquired by Spokane Coun r.
improvements are made to Wellesley Avenue.
NOTICE: PENDING COMPLETION OF ALL CONDITIONS OF APPROVAL WHICH
NEED T}O BE COMPLETED PRIOR TO PERMIT ISSUANCE, PERMITS MAY BE
RELEASED PRIOR TO THE LAPSE OF THE TEN (10)-DAY APPEAL PERIOD.
HOWEVER, THE COUNTY HAS NO LIABILITY FOR EXPENSES AND
INCONVENIENCE INCURRED BY THE APPLICANT IF THE PROJECT APPROVAL IS
OVERTURNED OR ALTERED UPON APPEAL.
DATED this c`~ day of July, 1991.
~
,
TI-IOMA~G. MOSHER, AICP '
Zonin.LAdjustor
Spokane County, Washington
FILED:
1) Applicant (Certified/Return Receipt Mail)
2) Opponents of Record
3) Spokane Division of Engineering and Roads
4) Spokane County Health District
5) Spokane County Division of Utilities
b) Spokane County Division of Buildings
7) Spokane County Fire Protection District No. 1
8) East Valley High School; Attn: Principal
9) VE-16-91 and AI-3-91
10) Planning Department Cross-reference File and/or Electronic File
NOTE: ONLY THE A.PPLICANT OR AN OPPONENT OF RECORD MAY FILE AN
APPEAL WI'IHN TEN (10) GALENDAR DAYS OF THE AB4VE DATE OF SIGNING.
A.PPEAL MUST BE ACCOMPANIED BY A$100.0{) FEE. APPEALS MAY BE FILED AT
THE SPOKANE COUNTY PLANNING DEPARTMENT, BROADWAY CENTRE
BUILDING, NORTH 721 JEFFERSON STREET, SPOKANE, WA 99260 (Section
14.412.042 of the Zoning Code for Spokane Cotinty).
RP-CUE-13-91 LDS Decision
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PLANNING DEPARTMENT
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BROADWAY CENTRE BUILDING N. 721 JEcFERSON STREET
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PHONE 456-2205
- SPOKANE, WkSHINGTON 99260
5GH 4NC CGU N i r C"i U A, N,U
1VOLl1lW/LL (DL' SHD(DKL7]1V1L (C(DU•VU1( lLdC)1VH.VG L71ID~U►Yrlp(DIlk LUW/1LH(C
Lll.l 1JA1RLL 1qG
DATE: July 9, 1991
TIME: 10:30 a. m. or as soon thereafter as possible
PLACE: Spokane County Planning Department
2nd Floor Hearing Room, Broadway Centre Building
721 North Jefferson Street
Spokane, WA 99260
AGEIVDA ITEM a
File: CUE-13-91 & VE-16-91
CONDITIONAL USE PERMIT FUR A SPECIALIZED TRAINING/LEARNING
SCHOOL (AS A DAILY RELIGIOUS SEMINARY) AND A VARIANCE FROM
MINIMUM PARKING SPACE REQUIREMENTS:
LOCATION: Located in east central Spokane County, on the southeast corner of Wellesley
Avenue and Sullivan Road in the NW 1/4 of Section l, Township 25N, Range 44EWM.
PROPOSAL: The applicant proposes to establish a specialized Iearning school for religious
training and instruction. Secrions 14.623.020. and 14.624.240.3. of the Zoning Code of Spokane
County allows this use upon issuance of a condirional use permit pursuant to section 14.404.100.
In add.ition, this is a request to allow 5 parking stalls; whereas, sections 14.624.240.3.a. and
section 14.802.040.16. of the Zoning Code requires a minimum of 26 parking stalls (at full buil(i
out) for this application. The proposal would be for 20 or less walking students at a tiTlle froin
East Valley schools during or shortly before or after school to attend religious classes.
STATE ENVIRONMENTAL POLICY ACT (SEPA): Pursuant to the State
Environmental Policy Act, the environmental checklist and other data have been reviewed and
the project has been found to not have any probable significant adverse impacts to the physic.d
environment. A Determination of Nonsignificance (DNS) was issued on July 14, 1991, and
sent to 6 agencies of jurisdiction.
EXISTING ZONING: Neighborhood Business (B-1)
SITE SIZE: Approximately 18,328 square feet
APPLICANT: Church of Jesus Christ Of Latter Day Saicits
AGENT: Gary Bernardo
107 S. Howard, Suite 420
Spokane WA 99204
NOTE: ONLY THE APPLICANT OR AN OPPONENT OF RECORD MAY FILE AN APPEAL
WITHIN TEN (10) CALENDAR DAYS OF THE ABOVE DATE OF SIGNING. APPEAL
NiL7ST BE ACCOMPANIED BY A$100.00 FEE. APPEALS MAY BE FILED AT TBE
SPOKANE COUNTY PLANNING DEPARTMENT, BROADWAY CENTRE BUII.DING,
NORTH 721 TEFFERSON STREET, SPOKANE, WA 99260 (Section 14.412.042 of the Zoning
Code of Spokane County).
RP/C[.?I:-13-G1NE-16-91/11)S-July 9, 1991 ARcrtda-6/13/91
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GENERAL North Centnl High School, Clni
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~ Amarican Sign & Indicetor 1911- July 26•28; contacf Di
Topice. ~O~ for sefnmaq EmploYees - July 27, 5 p.m„ James at 238•6596 or Li4a
playfair Race Track; contack: Fred 0'Meara at 448•1397.
Fhillips at 461•6099 or Mary lou Univertlty Hlgh School, cleis o(
received one letter of opposition. hlcFarland at 928-1891. - July 26-28; call Classy Reun
pblic hearing will be held Tuesday before the The building is proposed for the southeasl cornec of SCHOOI at (208) 263-1514 or (800) 5,
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AsupokaneCounty zoning adjustor on a proposed Wellesley Avenue and Sullivan Road. Moscow Nlgh School, class of 1961 0194
- Coeur d'Alene High School, clu~
Morrnon seminary across [rom F.asl Valley High The zoning code allows use far a school if a Juiy; contact: Dorolhy Wahl, 1911- July 26-28; cali Classy
Sc1i~l, conditional use permil is issued. Bernardo, lhe Route 1, 8ox 24, Genesse, ID Reunions at (208) 263•1514 ~
83632; (208) 285-1280; or Eldene gpp 544-0194.
The 2,000-square-foot building would be similar to a applicant, also seeks a variance to allow five parking Gatlin,1017 Nez Perce St., scminary built by the church last year near Central stalls rather than the 26 required by the Zoning code. Moscow, ID 83843; (208) 882• Coeur d'Alene Hlgh School, cles
~
Valley l{igh, said archiiect Gary Bernardo. "In lhis situation, the students don't drive from 5..36. 1961 Shar - an at Jul638 26-•21; 4668~ or contact:
Joan
The Church of Jesus Christ of Latter-day Saints sch~ool. They wiH not be allowed to," Bcrnardo said. North Central Hlgh School, cl„s of ~208) 667-A109.
plans to use the building for daily religious instruction. "We onlY need one or two (parking) c~ts." 1961- July 12•13; ca►l Classy
or : Me~d High School, cl~u of 196
A seminary program has been taught from a house in Hearing of the malter is scheduled to begin at 10:30 Reunions at (208) 263•1514 (gpp) 544-4194. Aug. 2-3; contact: Rick or Di;
the neighborhood in the past. a.m. al the Spokane County Planning Departmenl, in Centnl VaIley Hlgh School, class o1 (Cauture) Thain at 466•3619
The Spokane County Planning Department has the second floor hearing room, N121 Jefferson. - 1951- July 13-14; Red lion Warren Riddle at 922•5638.
Motor lnn; contact Joan Leighton Bob White at 466•9027.
at 926•9812 or Pat Goetten at
928-6551,
SacaJawet Junlor High 5chaol, sSaH HELP FOA PAREP
1960-I1- July 17; call 624-7116. Keep~our child's min~d ec6re iba su
Mead High School, clau at 1971- with
~p F~, ~~p~~y k~v
Each week, The Valley Voice publlc hearing:10:30 a.m., Harvest Moon Restaurant in July 19-21; call Classy Reunions at Grades 1-6 win have lun while mae
publishes a list ol public meelings Spokane County Planning Rocklord. (208) 263-1514 or (500) 544• Ifieir akilh in AEADINQ, WA(TINa, I
scheduled (or lhe coming week. Departrnent, N721 Jetferson. Consolldated Irrlgatlon Olstrlct: 0194. AND SCIENGE
Hearing on conditional use permit 1:30 p.m. at N 120 Greenacres Central YaIIeY High School, clau ot pg+robped by Wash Edueatam
WEEK OF JULY 7 and variance for proposed Road. 1981- July 19•21; call Classy To nnlve you book and iS
Mormon seminary near East Reunions at (248) 263•1514 at P.A.T, (Pannts and tekMn)
MONDAY Valley High School. THURSQAY (800) 544-0194, P.O. Box 14113
Spokana County Parkt Advisory Flre Dlstrlct 9:1:30 p.m. at W 14 Central Yalley School Board: 5;15 Whlttler Grade School Alumnl - July Sp°kane, wa. "214-0713
Commlttee: 6:30 p,m, in the SbT Graves Road. p.m. in the administration office, 20•71; contact Fern Snow at 481•
Building, W1115 Broadway. flre Dlttrlct 2: 8 p.m, at fairlield E19307 Cataldo. 9284 or pon Peters, 838-0521. v
Spokane Valley fire O1strlct:1:30 Town Hall. f►eeman School Board: 5 p.m. in Ihe Rogen High School, Clati ot 1911- S
p.m. al Station l, E10319 Orchdrd Avenue Irrlgellon Dlstrlct: junior high library. The board will July 20•21; contact Cathy at 489• '
Sprague. ) p.m. at E7415 Marietta. review a preliminary version of .
. 4233 oi Sharrell at 4843833.
the budget
TUESDAY WEDNESDAY Yera Water 6 Power Dlstrlct: 7 p.m. Maryc1111 High School, Clats of 1966
Spokane Counry zoning adJwtor Flre Dlstrlct 11:1:30 a.m. at the at N601 Evergreen. - July 26•28; contact Lin at 747-
1993 or Karen at 466•5940.
Servicin& the Valley wlth
FREE Plckup & Delivery*
• BOWDISH JUNIOR HIGH SCHOOL EIGHTH GRADE Shawn Murinko, Kelly Nieland, Kristina vrvice Calls on Riders _
~ Second semester honor roll 4.0 gradapolnt everage: Randell, Elitabelh Reid, Tanya Richey, 0 , z f
Chandra Barton, Alicia Bu(ord, Gregory Rivers, Corey Roseleip, Micnaei 5crvicc/Repuir all lawn & garden equipment
Sala,ShawnaSchroeder,AmyTerrell, •(0yr5,eXpCriCI1cC !'CAII~ytune.;~>
SEVENTH GRADE Alexander Gibson, Metissa Guy, Jesse rhomton, Stiawn Wetzel, Heather
Kimberl Natch, Jason Jordan, Krist SC(11Ui d1SCUtllll •F,In Limlied Ydky hra, RMr~►ain
4.0 qrade-polnt average: Y Y
.
ri.__A Whinnen and Carrfe Woodall.
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.'!'±~'~crrrsn w'~~~+~^• . . . . . . .
, _ , • • • . .
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w and SPokane ChrOnicle; Thurs:, JulY 11,.1991 , . ' ' ~ , ~ ' . . . , • ' . ; r' , y7',' ;
.
. • ~ ds .
Mormon semul g proc~Y PI
states have been Alberta leuer, wife, and Bret and There was no decision Tuesday on a proposed Mor- A similar school operates just south of Central Valley
n e C o u n t y S u p e r i o r ouane C. Leuer, sons. mon seminary across from East Valley High School. High. . ~
ice: Adi Charlotte Boston died June 27; Zoning adjuster Tom Mosher listened to testimony The church hopes to begin construction on the
estate valued at E25,000• from three witnesses at a public hearing, then look the $250,040 project in Scptcmber if it gets Mosher's go-
Beneficiaries: Lois Angstrom, matler under advisement, ahead, Bernardo said. The school would open sometime ~
died May 13; estate Berniece Forsmann, Eva i,ooo. Beneficiaries: ~
Merriman, Thelma Hubof(, Grace e Church of Jesus Christ of Latter-day Saints during the 1991-92 school year. ,
iStokke and Joyce Parrott and Hazel Shannon, hopes to build a one-classroom brick school on the Testifying in opposition was James Rce, E1609 Ne- j
ugnters; Darrell and nieces; Art eoston, Dale southeasl corner of Wellesley Avenue and Sullivan braska, who identilied himself as the director of the ~
; sons; Brenda Erickson, Herbert Parsons and Road. Ministry of the Present-day Saints. Rce submilted a !
janddaughier, and Eugene Stark, nephews; Rhoda
Aick Beck, Stark Neil, great niece; Larry Lee, we're~optimistic..We're goipg ahRad with tt`e nlaqT , thFee-page Igtter opposing theapcojeM~ni~r~inm„~
lMiakiGeorgd OndTifry Gene ning work, a~cliit~clGary Bernardooi~ernardo- WiUs Before the 2,000-square•foot school can be built, the
died June 16; estate Stark, great nepnews. Architects said after the hearing. church is required to get a conditional•use permit and a
13,183. Beneficiaries: Mary B. 0'Connell died April 5. The school, or seminary, would be used to offer relig- variance to allow fewer parking stalls than the 26 re•
G Kennedy, daughter, Beneticiary, John M. 0'Connell, ious instruction to high school students who would walk quired by the zoning code. L. Rogers, son. husband. to the building during their free periods. Such classes Because students would not be allowed to drive to the
fed lune 21; estate Jamei H. Siewart died March 13;
50,000. Beneficiaries: estate valued at $46,400 have been held in a house near East Valley High in the school, only a few parking stalls are needed, Bernardo
,
past, said. i
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• COLUGE FORtiI•FITTED
~ Aent~lAn~o~emeab, ~ gASEBAIICAPS OFF ON ALL ~ ~ ~ `
GII For More Detapd ~ SpALDING • TOP• FLIGHT • YOLLEY BN1S
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ZONING ADJUSTOR
~ SPOKANE COUNTY, WASHINGTON
IN THE MATTER OF A VARIANCE FROM )
THE PARKING STANDARDS FOR A ) FINDINGS OF FACT,
SPECIAL TRAINING/LEARIITING SCHOOL ) CONCLUSIONS,
[VE-16-91] CHURCH OF JESUS CHRIST ) AND DECISION
OF LATTER DAY SAINTS )
COMPA1vION FILES: CE-202-91 (A-C); )
CUE-13-91 & AI-3-91 )
ADDRESS: NONE ASSIGNED
PARCEL NUMBER: 45012.9054
APPLICATION DESCRIPT'ION: The applicant proposes to use 5 pazking stalls for a
single classmm student seminary training and leaming school for walk-in East Valley High
School students; whereas, sections 14.624.240.3.a. and 14.802.040.16. of the Zoning Code
re,quire a minimum of 26 parking stalls (at full build out) for this application. The proposal
would be for 20 or less walking students at a time from East Valley schools during or shortly
before or after school tio attend religious classes. Authority to consider such a request exists
pursuant to secdon 14.404.080. the Zoning Code for Spokane County and Spokaae County
Board of County Commissioners resolution No. 89 0708, as may be amended.
PROJECT LOCATION: Located in east central Spokane County, on the southeast corner
of Wellesley Avenue and Sullivan Road in the NW 1/4 of Section 1, Townslup 25N, Range
44EVVM.
OPPONENTS OF RECORD: James W. Roe
Geraldine Mull
PUBLIC HEARING AND DECISION: After consideradon of all available inforrmation
on file, exhibits submitted and testimony received during the course of the public hearing held
on July 9,1991, the Zoning Adjustor rendered a written decision on July dq , 1991 to
APPROVE the application as set farth in the file documents and as condidoned below. the
appmval of the variance is linked to the conditional use permit for a daily seminary far ZO ar
fewer (at a time) walk in students form East Valley High School.
FINDINGS OF FACT AND CONCLUSIONS
1. The proposal is described above and detailed in documents contained ia the file.
2. In compliance with RCW 36.74.450, the Planning Department determined that this
proposal is generally consistent, as conditioned, with the Urban category of the
Comprehensive Plan.
3. The site is zoned Neighborhood Business (B-1), which allows the proposed use
upon approval of this applicadon.
4. The existing land uses in the area of the proposal include East Valley Jr. and Sr.
High Schools, to the north and northwest, single family residences to the east, vacant land to
the south and 4 plex apartmerits to the west, all of wluch are compatible with the proposal.
f
~
~
' CASE NO. VE-16-91 SPOK:ANE COUNTY ?ANIlVG ADNSTOR PAGE 2
, . .
5. The proposal is exempt from the provisi. .ons of the Waslungton State Envu~onmental
Policy Act, Chapter 43.21C RCW pursuant to WAC 197-11-500 (6) (b).
6. The applicant has been made aware of the recommendadons of various County
agencies reviewing this pmject and has indicated those recommendations are generally
acveptable. The County Division of Engineering and Roads requests vertain roadway
dedicatians through CE-202-91A. The CE m create the subject parvel was issued contingent
upon d~ication and the establishment of certain future acquisidon reserve areas pursuant to the
County's Arterial Road Plan. Building setbacks are established from those reserve arreas. The
CE was not appealed.
7. The pruper legal requirements for advertimng of the hearing befoTe the Zoning
Adjustor of Spokane County have been met
8. Adverse testunony and written comments were received regarrling the praposal.
Comments were received in writing from Geraldine Mull; wherein, she felt that to deviate from
the parking standands would create a situadon of on-street parking and a resulting driving
hazar+d. A letter and verbal testimony was received from James W. Rce, Director of the
Present day Saints Ministry. Mr. Roe attempted to enter into the record numerous comments
regar+ding the theological philosophy and gractice of the Church of ]esus Christ of Latter Day
Saints, which comments were not considered by the Zoning Adjustar in rendering this
decision.
9. The Zoning Adjustar may require such conditions of appmval as necessary and
appropriate to make the project most compatible with the public interest and general welfaze.
10. Various peaforaoance standands and criterla are addidonally needed to make the use
compatible with other permitted acrivides in the same vicinity and zone and to ensure against
imposing excessive demands upon public utilities, and these shall be addressed as conditions
of approval.
11. The variance will not authorize a use othervvise prolubited in the zone.
12. There are special circumstances applicable to the property which, when combined
with the standards of the Zoning Code, create practical difficulties far the use of the property
and/or deprive the property of rights and privileges common tio other pmperties in the vicinity
and similar zone classifications. The standards in the Zoning Code refer to the parking
requirements for a specialized training and learning schools in Chapter 14.802. of the Zoning
Code. Section 14.802.040.16. describes 1 parking space per 100 gross square feet of
building. For a 24 foot by 70 foot (for example) pre-fab unit,l7 parking stalls would be
required. For a perinanent building of 2600 square feet (the outline shown on the site plan), 26
parldng stalls will be needed. However, it was clarified by the applicant in the heazing that a
2600 square foot building would be for two classrooms. That in itself would take a
modification of the vondidonal use penmit and this variance, as enrollment is restricted to 20
pupils under the standards of the conditional use pemnit; and no variance fram that standard is
sought It is reasonable to expect that approximately 20 parking spaces would necessarily be
provided under the standards as they exist now. The applicant requests 5 parking stalls on the
ba►sis that this specialized training/learning school is to serve students who will walk and not
drive, from East Valley High SchooL Five parking stalls would provide for a paid instructor
RP-VE-16r91 LATTER DAY SAINT&Oec(ston-7/Z9/91
. '
a
' CASE NO. VE-16-91 SPOK;ANE COUNTY ZONING ADNSTOR PAGE 3
.
or a~dministratar and 1 or 2 volunteers. Therefore, the applicant seeks relief from the standard
and also notes that the sumdard far a high school is 5 parking spaces per teaching station.
Either appmoach to justifying the 5 parking spaces is supportive of special circumstances. The
insistence upon 1 parking space per hundred square feet of gmss floor area is notcd to be
associated with a specialized school with examples stated as dance, gymnasdcs, martial arts,
etc. These types of special schools are typically associated with high trat~'ic volumes as parents
of children and adults themselves come and go on a frequent basis, most usually arriving and
depardng by autiomobile.
13. Gzanting the variance will be neither matenally detnmental to the public welfare noz
injurious to property ar improvements in the vicinity and zone.
14. Strict applicatioa of the zoning standards dces create an unreasonable butden in
light of the purpose to be served by the standards.
15. The case far the variance was not supparted by substandal reference to or relianve
upon illegal ar nonconforming precedent(s).
16. Graating the variance will not adversely affect the overall zoning design, plan or
concept for either the immediate area or the entire county.
17. The case for a variance was not based substanaally upon a lack of reasonable
econonric return nor a claim that the existing structure is too small.
18. Granti.ng the variance will not be inconsistent with the general pnrpose and intent of
the Comprehensive Plan.
19. The granting of the variance will not result in de facto zone reclassification.
20. With the conditioas of approval set forth below, the variance will: a) not constitute
a grant of special privileges inconsistent with liinitations on other properties in the vicurity and
similar zone; b) ensure that the intent and purpose of the Zoning Code is aclrieved with regard
to location, site design, appearance, landscaping, etc.; and c) protect the environment, public
interest and general welfare.
DECISION
From the foregoing Findings and Conclusions, the Zoning Adjustor APPROVES
the pr+oposal as generally set forth in the file documents specifically and oaly as related to a
valid vonditional use perrmit (CUE-13-91) for a high school student weekday semiaary and.,
subject to compliance with the condidons of approval of CUE-13-91.
NOrI'ICE: PENDING COMPLETI4N OF ALL CONDITIONS OF APPROVAL WHIGH
NEED TO BE COMP`LETED PRIOR TO PE;RMIT ISSUANCE, PERMITS MAY BE
RELEASID PRIOR TO THE LAPSE OF THE TEN (10)-DAY APPEAL PERIOD.
HOV'VJE'VER, TI-E COUNTY HAS NO LIABII.TTY FOR EXPENSES AND
RP VE-1"1 LATTER DAY SAINTS-Decision-7/29/91
r
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a
r
' CASE NO. VE-16-91 SPOKANE COUNTY 7ANIlVG ADNSTOR PAGE 4
~
INCONVENIENCE INCURRED BY TBE APPLIC:ANT IF 1'BE PROJEGT APPROVAL IS
OVERTURNED OR ALTERED UPON APPEAL.
DATED this Qj';'t day of July,1991.
l~
r~
l
THOMAS G SHER, AICP
Zonin ustar
Spokane Coun , Washington
FII.ID:
1) Applicant (CertifiedlRehnn Receipt Mail)
2) Opponents of Reconi
3) Spokane Division of Engineering and Roads
4) Spokane County Health District
5) Spokane County Division of Udlities
6) Spokane County Division of Buildings
7) Spokane County Fire Protection District No. 1
8) East Valley High School; Attn: Principal
9) CUE-13-91 and AI-3-91
10) Plannuig Department Crossa-reference F'ile andlor Electronic Fde
N4TE: ONLY TBE APPLICANT OR AN OPPONENT OF RECORD MAY FILE AN
APPF.AL VVMIIN TEN (10) CALENDAR DAYS OF T'BE ABOVE DATE OF SIGNIlVG.
APPEAL MUST BE ACCOMPANIED BY A$100.00 FEE. APPEALS MA►Y BE FILED AT
T'BE SPOKANE COUNTY PLANNING DEPARTNUNT, BROADWAY CENTRE
BUII.DING, NORTH 721 JEFFERSON STREET, SPOK;ANE, WA 99260 (Secrion
14.412.042 of the Zoning Code for Spokane County).
RP•VE-16-91 LATTER DAY SAINTS-Decw1on-7/29/91