VE-13-94(A-C)
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ZONING ADJUSTOR
SPOKANE COUNTY, WASHINGTON
IN THE MATTER OF A VARIANCE FROM ) FINDINGS OF FACT,
FRONTAGE, FENCING AND LAND- ) CONCLUSIONS,
SCAPING STANDARDS ) AND DECISION
FILE VE-13-94(A-C)
APPLICANT MELISSA CRAPO,
for Little Learaer Chdd Development Center, Inc
COMPA1vION FILE(S) CUE-13-94
APPLICATION DESCRIPTION The apphcant requests (a) 90 feet of fmntage, whereas
§ 14 622.240 4 b of the Zomng Code requues 125 feet, (b) Four (4) foot tall fencing enclosure of
the play area, whereas § 14 622 240 4 c of the Zonuig Code requires a six (6) foot fence, and (c)
thm,e (3) and four (4) feet of laadscaping at the saw frontage, whereas § 14 806 040 2 a of the
Zonag Code reqwres ZO feet of Type III Landscapmg Authonty to consider such a request exists
pursuant to secaon 14 404 080 of the Zoiung Code of Spokane County and Spokane Couaty
Board of County Comnussioners resolution No 89 0708, as may be amended.
PROJECT LOCATION In the east central Spokane Valley, narth of and adjacent to 1Vftsion
Avenue, approximately 250 feet west of Sullivan Road, in the NE 1/4 of Secuon 14, Townslup
25N, Range 44EWM, 15321 E 14ission Avenue Parcel Number(s) 451410204
OPPONENTS OF RECORD NONE
PUBLIC HEARING AND DECLSIUN After consideration of all available uifarmatton on
file, one or more site visits, exhibits subnnued and testimony received duruig the course of the
pub ~~g held on June 22,1994, the Zonuig Adjustor rendered a wntten decision on August
,,1994 to APPROVE the application as set fozth m the file documents and as
condrttoned below
FINDINGS OF FACT AND CONCLUSIONS
1 Testimony was taken under oath
2 The proposal is descnbed above and detmled ui documents vontamed m the file
3 In comphance vnth RCW 36 70 450, the Planning Department deternnned that this
pro sal is generally consistient, as conditioned, with the Urban category of the Comprehensive
Plan
4 The site is zoned Urban Readential-22 (UR-22), which allows the groposed use upon
approval of thus apphcation
5 The existing land uses m the anea of the proposal include suigle family and duplex
readential, I-90 nght-of-way, offive and commercial Tlus residential appeanng building is a
reasonable transition from bimness/office to resuiential
CASE NO VE-13-94(A-C) SPOKANE COUNTY 7ANIING ADNSTOR PAGE 2
6 The proposal is exempt from the provmons of the Waslvngtan State Envlmnmental
Pohcy Act, Chapter 43.21C RCW pursuant to WAC 197-11-800 (6) (b)
7 The roqwrement for 125 feet of frontage is to provYde enough frontage for a loop
dnveway for the purposes of child drop-off and pick up The apphcant has demonstrated that,
with vanance of some of the side yard landscapuig and a reduction of the requirement for front
yard landscaping, a loop dnveway can be accomphshed at this site within 90 feet of frontage
8 The Code requirement for 6 foot tall fencuig was established for secunty reasons The
mterest is m ketping the cluldren wndun the play area and keepiag intruderrs, human or animal,
outude the play area. The property was purchased by the apphcant with a 4 foot fence around
what is now the play area, except that, the fence on the narth, at the I 90 nght-of-way is a 6 foot
fenve The Wastungtan State Department of SocW and Health Sermces reports that a'securely
fenced' (as per its reqwrements) area a defined as being a fence 4 feet m height. The apphcant
advises that there are one ar mare chdd care employees in the play area at all nmes when the
cluldren are within the play area. Durmg the past operanon at the site, there has apparently not
been an mcLdent of cluldren bemg at nsk because of the 4 foot existing fence Additionally, the
natare of the adjaoent praperty (residential to the west, freeway nght-of-way to the north (6 foot
fenoe) and busuiessJoffices to the east) dces not lend itself to ttu~eateiung situanons for the ctuldren
of the day care center A requirement for 2 feet of add~tional fencuig would appear to serve httle or
no useful purpose in hght of the added expense and mconveniencx in the form of day care
mterrupnon and does not seem jusafied A vanance to four (4) feet is warrdnted under the
cincwnstances
9 The required 20 feet of Type III landscapmg in the front yard, as well as the west side
yazd, becomes unworkable in the area between the front buulding face and the street. Under the
former Zorung Ordinance, the 1980 rezone allowed the then existing (and presendy now exisang)
biulding to remain while the pr+operty was aoned to residential/oifice With the crossover to the
Zoiung Code and the UR 22 zone on January 1,1991, the property became nonconfornung vvith
respect t,o the landscapmg The use of a day care centa n an allowed use in the present zone and
the nonconfornung status of the reduced front yard landscapmg aad reduced side yard landscapmg
within the front yard area is a cairy over from previous government approvals and pnor existing
conditions In arder to mauitain a loop dnveway and aclueve reasonable and adequate parlnng on
the parcel of land, the landscaping must be reduced in the front yazd at'ea and reduced on a poraon
of the fnont yard arrea, where 20 feet of side yard (to the west) landscapmg is required. Many
posuble uses occupyuig tlus property and biuldwg would more thau likely run into a sunilar front
yard requmment with respect to landscaping and more than likely seek a vanance from ttus
standand. The muumal amount of landscapmg that w,ll be allowed by grantmg dus vanance is
consistent with the landscapmg far businesses and residences m the area.
10 The fact that the 1980 zone reclassification accommodated the exisang budding, now
combmed with the more ngarous standards of the Zomng Code, creates the front yard landscapmg
problems now at usue
11 No adverse testimony or wntten comments were received regarding the proposal
12 The apphcant must submit a revise,d atie plan tio the Plannuig Deparement far review and
appmval pnor to the issuance of any budduig peTnnits ar any ovcupancy penmts The revised ute
plan should provide for adequate parkuig on the site or an authonzed shared parlmg arrangement
HD/VE-13 44(A-C) Crapo
I t
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CASE NO VE-13-94(A-C) SPOK:ANE COUNTY 7ANING ADNSTQR PAGE 3
vvith an adjacent praperty and provuie far a 3-4 foot mimmal stnp of landscaping m the front yard
and at least 2 feet of landscapu~g along the west property luie at the front property line and
expaading to the fu1120 foot reqwred Rndth appro~tely due west of the southwest corner of the
buildmg (except for emergency eJUt needs)
13 The apphcant has been mad~e aware of the recommendat~ons of vanous County agencies
reviewmg this project
14 Vanous perfornnance standards and cntena are additionaIly needed tio make the use
compatLble Rnth other perrmtted a,cnvines ui the same vicuuty and zone and tio ensure against
imposmg cxcessive demands upon pubhc utLhties, and these shall be addressed as conditions of
appmval.
15 The pnoper legal reqwrements for advernsing of the hearmg befome the Zonmg Adjustor
of Spokane County have been met.
DECISION
From the foregoing Fmdmgs and Conclusions, the Zonuig Adjustor APPROVES the
proposal as generally set forth in the file documents, subject to comphance with the followuig
CONDITIONS OF APPROVAL
I. GENERAL
1 The following conditions shall apply tio the apphcant, owner and successars in interest
and shall run with the land.
2 Failure to comply with any of the condinons of appmval contaned m dus decmon,
except as may be reheved by the Zomng Adjustiar, shall constitute a violation of the Zoniag Code
for Spokane County and be subject to such enforcement as is appropnate
3 The Zomng Adjustor may admnustraavely make muior adjustments tio site plans or the
conditions of approval as may be judged by the Zonuig Adiustior to be within the context of the
onginal decision.
II PLANNING DEPARTMENT
1 A specific landscape plan, planttng schedule and provnsions for mauitenance acceptable
to the Planning Duwtor/designee shall be submitted with a performance bond for the project pnar
tio release of bukhuig pemuts Landscaping shall be uistalled and maintained so that sight (hstance
at access prnnts is not obscuned or unpared. Finding of Fact/Conclusion #9 provides guidance far
the side yard (front yard) landscapuig Three to four feet of landscapwg at the front, beneath the
sign and between dnveway uigress/egress pouits
2 A specific development plan shall be subnntted for Planning Department re`+iew and
approval pnor to issuance of bwlding pernuts Construction must be judged as proceedmg
avcordsng to the plan ar consntute a zonuig violation.
HD/VB^13 94(A-G) Cropo
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CASE NO VE-13-94(A-C) SPOKANE COUNTY 7ANIIVG ADNSTOR PAGE 4
3 The four foot fences m place may cantinue to exist without necessity to be altered to 6
feet
III. DEPARTMENT OF BUII.DINGS
1 The apphcant shall contact the Deparmaent of Biuldulgs at the earhest posuble stage of
desigq//development m ardex to be infarmed of oode reqwrements admimsterea/enfomed as
authonzed by the State Budding Code Act. Desigq/development concenns include Fu+e Apparatus
Access Roads, Fut Hydrant/F'low; Approved Waner Systems Building Accessibihty, Constructaon
Type, Occupancy Qassif'ication, Exiting, Extenor Wall Prot+ecnon, and Energy Code Regulatrons
2 Pnor to issuance of an occupancy pernut, the landscapuig and parking layout/stnpmg
noed to be accomplished.
IV DIVISION OF UTII.ITIES
None is reportedlneeded.
V HEALTH DISTRICT
None a reported✓needed.
VI DIVISION OF ENGINEERING AND ROADS
None is reportedlneeded.
NOZ'ICE PENDING COMPLETION OF ALL OONDITIONS OF APPROVAL WHIGH NEED
T0 BE COMP`LETED PRIOR Ti0 PERIVIIT ISSUANGE, P'ERIVIITS MAY BE RF.I EASID
PRI4R TO THE LAPSE OF 1'BE TEN (10)-DAY APPEAL PERIOD HOWEVER, TBE
COUNTY HAS NO LIABII.ITY FOR EXPENSES AND INCONVENIENGE INCLJRREU BY
TBE APPLICANT IF TI-E PROJECT APPROVAL IS OVERTURNED OR ALTERID UPON
APPEAL
DATED this day of August,1994
TH G SHER, AIGP
rung A ustor
Spokau Coun Washungton
FILED
1) Apphcant (CertifiedJRetun Receipt Mad)
2) Opponents of Record
3) Spokane Ihvision of Engmeermg and Roads
4) Spokane County Health Ihstnct
HD/VE-13 94(A-C) Grapo
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CASE NO VE-13-94(A-C) SPOK;ANE COLfNTY 7ANIIVG ADNSTOR PAGE 5
5) Spokane County Ihvision of Utihties
6) Spokane County Deparmaent of Buildtngs
7) Spokane County Fm Protecuon D=ct No 1
8) Plammg Department Cnoss-reference File and/or E1ectrouc F'ile
NOTE ONLY TBE APPLIGANT OR AN OPFONfENT OF RECORD MAY FILE AN A►PPEAL
VVTrHIN TEN (10) CALENDAR DAYS OF 1'BE ABOVE DATE OF SIGNIlVG APPEAL
MUST BE AC(OMPANIED BY A$210 00 FEE APP'EALS MAY BE FII.ED AT TBE
SPOKANE COUNTY PLAS1NIlVG DEPARTMENT, PUBLIC WORKS BUILDING,1026 W
BROADWAY, SPOKANE, WA 99260 (Section 14 412 042 of the Zonuig Code far Spokane
County)
HDNE-13-94(A-P Crapo
SPOKANE COUNTY PLANNING DEPARTMENT
APPLICATIONS BEFORE THE ZONINC ADJUSTOL'
Name of Applicant: _ - • ~ 1'I-fj 1r. - > 1 tAgent Y
Street Address: _ ~,'~t~ •~t~/e.
Zip Phone - Home:
.A
City: Vr-rn.r_4r_jr-.., State: li'i. Code: Work: aiLt~
~ ni r 1
Agent's No. • 1 ?
Name of Property Owner(s): I*V)_' vIld. r-,
Street Address: ~ : 1 ~ . _~1•~ I~'~ r ! ~ ~ l AVZ.
Zip Phone - Home:
City: State: Code: 1-1 Work: -
REQLTESTED ACTION(S) (Circle appropriate action):
~Variance(s)__~ ~ Conditional Use Permio Expansion of a
Other: Nonconforming Use
FOR STAFF USE ONLY
Violation/
Secrion-14- Township Range -17 Enforcement: Y N ~
~ .
•Lot and legal checked by: •CWWP sewer purveyor: UJa
q7 ✓ .
•CWSP water purveyor: ~.~1. •CUP standards met: Y 0~_
NA~
•Existing zone: - Cite applicable section: Arn"M"
•Comp. Plan designation: •Arterial Road Plan designation:
iu_
•Fire District: •Person doing preapp conf.: &I" Q&=
ent actions involving this prcperty:
•Other/previous Pl ning DM,5W
~ I •Certificate of Exemption No.: ~ Application No.: 1l~ , G16 - l 3--~
•Hearing Date: &1= /i~p •Site plan dimensioning checked by:
IV ~
ABOUT THE PROPERTY N)d y apRlicant)
•Exisdng use of property: - -rl ~i ceYISt ~ "eor 'n 6h (4-a-1-
*Desciibe pro osed use of the property, noting change from 'existing use': ~~0A~~ j.
~,L.1jP rm, t-
• a variance application, state the Code stana~rd and desC' the variance sought in coPm arable
terms (i.e., 50 feet from cent rline ver r uired 65 feet r1
) i n ~ i hr~ c~i'' ) ~ 1 ' Y t " ' ~ -ILF-ed w64
;~rllvc- uA i~Lr S f'l r cc r,,T :.'O N'i~ k1w~ f-)v' -~L~L-i: ' ' e . 1" , ~ C ~
meet all stanards? Y NAICIC~ k'~ ~I~
•If a conditional use Pemut aPPlication, does ;Ts
If not, has one or more variances been reQues N
j~- t
•What is the size of the subject property. "l C~ t ~0' ~fi~~~,<1 t 7r~..~ 1 b
•Street address of property (if known): r . tii v- c
•Legal description of property (include easement, if applicable): f`-~~_rl, ~,t-1-~-
~ 1 ~ "~1 '1 r 1~ '-~l ~~11_ i'~r~ ~ .~~1'"~„~''~ ; ~ GIL~j~t l'P~" yc~~, •
•Parcel No(s).: P1'_;I4 i. o2oy-
•Source of legal: P L `=)tLJi r-rrt CO,~W ~t Ce'trw
•Total amount of adjoining land controlled by this owner, sponsor and/or agent: J !a')"/ •What interest do you (applicant) hold in the property? W 0 Pr'
STATE OF WASHINGTON ) S S
COUNtY OF SPOKANE )
I SWEAR, UNDER PENALTY OF PERJURY, THAT: (1) I AM THE OWNER OF RECORD OR
AUTHORIZED AGENT FOR THE PROPOSED SITE; (2) IF NOT THE OWNER, WRITTEN PERMISSION
FROM OWNER AUTHORIZING MY ACTIONS ON HIS/f-ER BEHALF IS ATTACHED; AND (3) ALL OF
THE ABOVE RESPONSES AND THOSE ON SUPPORTIIVG DOCUMENTS ARE MADE TRUTHF[JI.LY AND
TO THE BEST OF MY KNOWLEDGE. ~
ned:.~~~g_-~~ Date 41111 A?4
-'if--- ~ . , _ ~ _ ~ . •`,;/r . ;';'G~.-,
,
Notary Pu61ic in and for 6istate of Washington, residi g at
My appointment expires: , ,
page 1 of 2
z.A/AnP (REV. 1 ~"9a)
A. BURDEN OF PROOF form(s) (by applicant)
Tt is necessary for the applicant or his/her representative to establish the reasons why the
REQL'ESTED ACI'ION should be approved and to literally put forth the basic argument in favor
of approvinn the application. Accordingly, you should have been given a form for your requesced
action (va.riance, conditional use, etc.) designed to help you present your case in a way which
addresses thP criteria which the Zoning Adjustor must consider. Please fill the form nl.:
it with your applicarion.
B. SIGN-OFF BY C:UV1'ti11' llEIIAK"1'NiEN'I'S AND OTHEIZ AtiL7ti(IFI.~
(applicant must visit each agency whose no. is circled beto« )
~ 1. SPOKANE COUNTY HEALTH DISTRIC'~T
a Proposed method of water supply: _ k' eL-
b) Proposed method of sew~ge disposal: ' S ~ c~
A preliminary consultation has een held to discuss the proposal. The applicant has been informek:
of requireme and standards. We request consultation with Planning Deparnnent Y N
(Sign e) (Date) (Sign-off Waived)
2. SPOKANE COUNTY PUBLIC WORKS DEPARTMENT
(Engi eering & Roads Division)
~ A prelimui a-rt cons tati has been held to discuss the proposal. The applicant has been informed
of requirem ts s dards. We request consultation with Planning Department Y N
(Signature) (Date) ( i -off Waived)
zti1
3.) SPOKANE COUNTY UTILITIES DEPARTMENT (Planning Department may waive
if outside VAWMA)
A preliminary consultation has been held to discuss the proposal. The applicant has been informed
of requirement7and tan . s.
(Signature) (Date) (Sign-off ti'Vaived hv Pkinn i ng';
~
The applicant is required to discuss the proposal with
to become informed of water systeni
requirements and standards. (See #a below)
The applicant is required to discuss the proposal with
to become informed of sewage disposal
requirements and standards. (See #b below)
~
~ a) WATER PURVEYOR:
The proposal i i n,t located within the boundary of our future service area.
2) The proposal i i n located within the boundary of our current district.
3) We arelare n able to serve this site with adequate water.
4) Satisfactory arrangements have/have not been made to serve this proposal.
(Signature) (Date)
SEWERAGE PURVEYOR:
A preliminary consultation has been he.ld to discti-,s the nroPosal. The applicant has hetr;
informed of requirements and standard,_ ~
(Si~n~tllrel (T~ate)
page 2 of 2
ZA/APP (REV. 1/94)
A,/ / / 1-& (--1 , t. r ` • ~ r , - - - - - • - ~ • . - ~ -
LITTLE LEARNER
55, CHfLO DEVELOPMENT CENTER, hNu
~ E. 15321 MISSION
VERADALE, WA 9903
CONDITIONAL USE PERMIT BURDEN UF' YKOOil FURiNi
Name:
File: QrZ-10 -13
N .~LUSES State L~w~, Se~tion 36.70.020 (7), claL'if~cs t~~~t tJ:c Cou11t},
regulations must specify the standards and criteria that shall tk:
applied in the review by the Zoning Adjustor. Additionally,
condidon of approval may be added to assure compatibility wic;i
other uses in the same zone.
A . Assuming the proposal is listed as a"pernutted" conditional use, do you believe tt,..-
proposal meets all of the required, established and applicable standard
l~f ~P P~ A ~61 r'" I
B. If you cannot meet the cond.irional uses required standards e you seeking relief by
applying for an a.dministrative exception or a Variance? 7es) No (Circle One)
C. What have you done or could you do to:
1. Make the use compatible with other pennitted acdvities in the same vicinity or
zone?
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2. Ensure against imposing excessive demands upon public utilities?
~
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r
Fxplain how os why the proposal will not be detnmental to:
1. T"ne Comprehensive Plan: +
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1 anl'6
2. Surround.ing roperty: ~ iS f1. C1~I7~I~LU7 .
~ e Iffrik "~1L
E. What reasonable restrictions, conditions or safeguards will uphold the spirit and intent
(healch, safety and general welfare) of the Zoning Code AND midgate any adverse
effect upon the neighboring prnperties including but not limited to: 1) time limits; 2)
front, side or rear yard greater than minimum stated; 3) suitable landscaping; 4) signing;
S) off-street parking; and 6) others?
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lNL h e"zby reqc[eS t ac+fi'an -f-e, V0,r-~r~ y~e Cm~d; ~rt~~ usZ Perm~ t-
A nc~ IfQ i; qh ce~ ~r ttla l..t ~c .-r! ~_r ('~h .~~~v~• iop lxa~f'.~A ~-~,n~ ,
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