VE-02-02OFFICE OF THE HEARING EXAMINER
June 5, 2002
Tim Martin
Ash Grove Cement Company
1312 N. Thierman Road
Spokane, WA 99212
MICHAEL C. DEMPSEY, CHIEF EXAMINER
RE: File No. VE-2-02; Correction of Clerical Errors in Hearing Examiner Decision
Dear Mr. Martin:
County Division of Planning staff has drawn to my attention certain clerical errors in my
decision in the above file issued on June 4, 2002. My secretary would normally catch these
types of errors, but has been on vacation for the last week or so.
Section 17 of the Hearing Examiner Rules of Procedure gives the Hearing Examiner limited
authority to reconsider or clarify a final decision, to address "... exceptional circumstances such
as correcting clerical errors, fraud or obvious ambiguity."
I hereby revise the caption at the top on page 1 of the decision, adjacent to "RE", by substituting
"Light Industrial (I-2) Zone" for "Rural Residential-10 (RR-10) Zone."
I hereby revise Finding of Fact #23 of the decision to substitute "I-2 or I-3 zone" for "I-3 or I-3
zone". I hereby revise Finding of Fact #25 of the decision to substitute "1-2 zone" for "B-2"
zone.
Since the revisions do not change the operative part of the decision, the appeal period will not be
extended.
Sincerely,
177A; c Gam. 7,.-d-
Michael C. Dempsey
County Hearing Examiner
c: Jason Langbehn, County Division of Planning
Other parties of record
THIRD FLOOR PUBLIC WORKS BUILDING
1026 WEST BROADWAY AVENUE, SPOKANE, WASHINGTON 99260-0245
PHONE: (509) 477-7490 • FAX: (509) 477-7478 • TDD: (509) 477-7133
7e
SPOKANE COUNTY HEARING EXAMINER
RE: Variance from Setback Requirements, )
in the Rural Residential-10 (RR-10) Zone; ) FINDINGS OF FACT,
Applicant: Ash Grove Cement Company ) CONCLUSIONS OF LAW,
File No. VE-2-02 ) AND DECISION
This matter coming on for public hearing on April 17, 2002, the Hearing Examiner,
after review of the land use application and the entire record, and finding good cause
therefore, hereby makes the following findings of fact, conclusions of law and decision:
I. FINDINGS OF FACT
1. The application requests a variance from the 40-foot maximum building height
requirement of the Light Industrial (I-2) zone, to allow construction of a 79-foot tall cement
storage silo.
2. The site is generally located east of and adjacent to Thierman Road, northeasterly of
the intersection of such road and Sharp Avenue, in the NE 1/4 of Section 13, Township 25
North, Range 43 EWM, Spokane County, Washington.
3. The site is currently referenced as County Assessor's tax parcel no. 35131.1201, and is
addressed at 1312 N. Thierman Road, Spokane, Washington.
4. The subject property is legally described as Lot 1, Block 1, Burlington Northern
Parkwater Industrial Park, per plat recorded in 1978 at Book 14, page 34 of Plats, records of
Spokane County Auditor.
5. The applicant for the variance and the owner of the site is Ash Grove Cement
Company, c/o Tim Martin, 1312 N. Thierman Road, Spokane, Washington, 99212.
6. The Hearing Examiner visited the site on April 17, 2002. A public hearing was held
on the proposal on April 17, 2002. The requirements for public notice of hearing were met.
7. The variance application is exempt from compliance with the State Environmental
Policy Act and the County's Local Environmental Ordinance, pursuant to WAC 197-11-800
(6)(b).
8. The Hearing Examiner heard the application pursuant to the County Hearing Examiner
Ordinance (County Resolution No. 96-0171) and the County Hearing Examiner Rules of
Procedure (County Resolution No. 96-0294).
9. The Hearing Examiner takes notice of the County Generalized Comprehensive Plan, GMA
Comprehensive Plan and Capital Facilities Plan, Phase I Development Regulations, County
HE Findings, Conclusions and Decision
VE-2-02 Page 1
9. The Hearing Examiner takes notice of the County Generalized Comprehensive Plan, GMA
Comprehensive Plan and Capital Facilities Plan, Phase I Development Regulations, County
Resolution Nos. 1-1033 and 2-0037, County Arterial Road Plan maps, County official zoning
maps, County Zoning Code, County Code, other applicable development regulations, and prior
land use decisions in the vicinity.
10. The record includes the documents in the project file at the time of the public hearing,
the documents in File No. VE-28-91 (except for public notice documents and related maps),
the documents and testimony submitted at the public hearing, and the Examiner's letter
dated May 19, 2002 expressing oral approval of the variance application.
11. The following persons testified at the public hearing:
Jason Langbehn
County Division of Planning
1026 West Broadway
Spokane, WA 99260-0240
Tim Martin
1312 N. Thiennan Road
Spokane, WA 99212
12. The subject property is approximately two (2) acres in size, rectangular in shape and
relatively flat in topography. A railroad line borders the site on the east. A cement
distribution facility has been operated on the site since 1971. This involves the delivery of
dry cement to the site by rail, unloading and storing the cement in storage silos, and later
loading of cement into pneumatic tanker trucks for delivery to concrete ready mix plants.
On January 16, 1992, the County Zoning Adjustor approved a height variance for the
property, in the I-2 zone, to allow the construction of a 74-foot tall concrete storage silo.
See File No. VE-28-91. Three 59-foot tall silos and the one 74-foot tall silo are currently
found on the subject property.
13. A complete application for the proposed variance was submitted on February 12, 2002.
The site plan of record submitted for the project on February 7, 2002 shows the existing
improvements on the site and the proposed 79-foot tall silo. A plan showing the elevation
profile of the proposed silo and existing improvements looking to the east was also
submitted on such date.
14. Effective January 15, 2002, the County implemented a new Comprehensive Plan
("GMA Comprehensive Plan"), County Urban Growth Area (UGA) boundaries, and Phase I
Development Regulations; all in implementation of the State Growth Management Act. The
County also repealed the interim development regulations previously adopted by the County
under the State Growth Management Act. See County Resolution No. 2-0037.
15. The site and the land in the area are designated in the County UGA. Prior to January
15, 2002, the site was designated inside the County's interim urban growth area (I[JGA)
boundaries.
16. The site and nearby land to the north, south and west are designated in the Heavy
Industrial category of the GMA Comprehensive Plan. The land lying east of the site is
designated in the Light Industrial category. The Phase I Development Regulations retained
HE Findings, Conclusions and Decision
VE-2-02 Page 2
the existing zoning of land designated in the Heavy Industrial and Light Industrial
categories.
17. The land lying west of the site is zoned Heavy Industrial (I-3), while nearby land to the
north, south and east is zoned I-2. Several large petroleum silos taller than 40 feet are
located southwest of the subject property, and grain elevators in excess of 130 feet tall are
found farther to the southwest along Broadway Avenue. The maximum building height in
the I-3 zone is 65 feet.
18. The site and surrounding area are located in the Aquifer Sensitive Overlay zone and
the Public Transit Benefit Area designated by the County Zoning Code.
19. The County Arterial Road Plan in the GMA Comprehensive Plan designates Thierman
Road and Sharp Avenue in the vicinity as Urban Collector Arterials. Broadway Avenue,
which is designated as an Urban Principal Arterial, and its freeway interchange with
Interstate 90, are located approximately 750 feet south of the site.
20. Information supplied by the applicant establishes that storage in the proposed silo
must occur above the initial 24 feet of the silo for loading and weighing the product, that a
minimum of 40 feet of storage is required to make the silo practical, and that an overall silo
height of 65 feet is necessary for loading and design purposes. The applicant is requesting
an additional silo height of 14 feet to fulfill the increased demand for cement in the area.
The site is very limited as to the location of new silos, due to the sequential loading and
unloading requirements for the cement.
21. The applicant also established that a silo 40 foot tall or less would require pneumatic
handling of the cement before being loaded on a pneumatic truck, requiring more energy and
increasing airborne dust that would be of concern to the Spokane Air Pollution Control
Authority.
22. Neighboring property owners did not comment on the proposal. No public agencies
opposed the project. The City of Spokane is located approximately one-half mile to the
northwest. The site is located in the City's sewer service area.
23. The existing cement distribution facilities limit use of the site for another purpose.
The location of the site adjacent to a railway line, near Interstate 90, in an existing industrial
zone and near other storage structures that are taller than the maximum building height in the
I-3 or I-3 zone render the site particularly well -suited to such use.
24. The maximum building height in the I-2 zone creates practical difficulties for the
property because it grossly restricts or preempts innovative or state of the art technology not
anticipated when the County Zoning Code was adopted. Relaxation of the Zoning Code will
allow a more environmentally sensitive, energy conserving design. This deprives the
property of privileges enjoyed by other properties in the vicinity zoned I-2 or I-3.
HE Findings, Conclusions and Decision
VE-2-02 Page 3
25. The Staff Report properly analyzes the consistency of the proposed variance with the
GMA Comprehensive Plan, the development standards of the B-2 zone and the variance
criteria specified by the County Zoning Code. The Hearing Examiner hereby adopts such
analysis as findings of fact herein.
Based on the above findings of fact, the Hearing Examiner enters the following:
II. CONCLUSIONS OF LAW
1. Because of special circumstances applicable to the property, strict application of the
maximum height requirement of Zoning Code 14.632.335 creates practical difficulties and
deprives the property of rights and privileges enjoyed by other properties in the vicinity and
similarly zoned.
2. As conditioned, granting of the variance will neither be detrimental to the public
welfare nor injurious to the property or improvements in the vicinity and the Light Industrial
(1-2) zone in which the site is located.
3. The proposal, as conditioned, conforms to the GMA Comprehensive Plan.
4. The proposal, aside from the requested variance, complies with the I-2 zone and other
applicable development regulations.
5. Approval of the variance application, as conditioned, is appropriate under section 11 of
the County Hearing Examiner Ordinance, adopted by County Resolution No. 96-0171.
III. DECISION
Based on the Findings of Fact and Conclusions of Law stated above, the application
for a variance from the maximum building height requirement of the Light Industrial (I-2)
zone, for development of a 79-foot tall cement storage silo, is hereby approved, subject to
the conditions of approval listed below.
Any conditions of public agencies that have been added to or significantly revised are
italicized.
Failure to comply with the conditions of this approval may result in suspension or
revocation of the variance by the Hearing Examiner.
SPOKANE COUNTY DIVISION OF PLANNING
1. All conditions imposed by the Hearing Examiner shall be binding on the "Applicant",
which term shall include the owners, developers and users of the property, and their heirs,
assigns and successors.
HE Findings, Conclusions and Decision
VE-2-02 Page 4
2. The variance applies to Lot 1, Block 1, Burlington Northern Parkwater Industrial Park,
per plat recorded in 1978 at Book 14, page 34 of Plats, records of Spokane County Auditor.
The site is currently referenced as County Assessor's tax parcel no. 35131.1201.
3. The proposal shall comply with the Light Industrial-2 (I-2) zone, the Aquifer Sensitive
Overlay zone and other applicable provisions of the Spokane County Zoning Code, as
amended, except for those deviations allowed by the approval of the subject variance.
4. The applicant shall develop the subject property in substantial conformance with the
site plan of record submitted by the applicant on February 12, 2002. All aspects of the
concept and proposal shall be binding on the development. Minor variations, to be approved
by the Director of the Division of Planning/designee, shall only be allowed to meet
regulation standards and conditions of approval. Any other modification must be presented
to the Hearing Examiner for review and approval.
5. The proposed cement storage silo is limited to a height of 79 feet.
6. The Division of Planning shall prepare and record with the Spokane County Auditor a
Title Notice, noting that the property in question is subject to a variety of special conditions
imposed as a result of this approval. This Title Notice shall serve as public notice of the
conditions of approval affecting the property in question. The Title Notice shall be recorded
within the same time frame as allowed for an appeal and shall only be released, in full or in
part, by the Division of Planning. The Title Notice shall generally provide as follows:
"The parcel of property legally described as Lot 1, Block 1, Burlington Northern
Parkwater Industrial Park, per plat recorded in 1978 at Book 14, page 34 of Plats, records of
Spokane County Auditor is the subject of a land use action by the Spokane County Hearing
Examiner on June 4, 2002, approving a zoning variance and imposing a variety of special
development conditions. File Number VE-2-02, which relates to such approval, is available
for inspection and copying in the Spokane County Division of Planning."
SPOKANE COUNTY DIVISION OF BUILDING AND CODE ENFORCEMENT
1. The applicant should contact the Division of Building and Code Enforcement at the
earliest possible stage in order to be informed of code requirements administered/enforced as
authorized by the State Building Code Act. Design/development concerns include
addressing, fire apparatus access roads, fire hydrant flow, approved water systems, building
accessibility, construction type, occupancy classification, existing exterior wall protection
and energy code requirements.
SPOKANE COUNTY DIVISION OF ENGINEERING AND ROADS
Prior to release of a building permit or use of property as proposed:
1. The applicant is advised that there may exist utilities either underground or overhead
affecting the applicant's property, including property to be dedicated or set aside future
HE Findings, Conclusions and Decision
VE-2-02
Page 5
acquisition. Spokane County will assume no financial obligation for adjustments or
relocation regarding these utilities. The applicant should contact the applicable utilities
regarding responsibility for adjustment or relocation costs and to make arrangements for any
necessary work.
SPOKANE COUNTY DIVISION OF UTILITIES
1. This project lies within the City of Spokane Sewer Service Area. The applicant is
requested to notify the City of this proposal and conform to the City's requirements.
SPOKANE COUNTY AIR POLLUTION CONTROL AUTHORITY
1. All applicable air pollution control regulations shall be complied with.
DATED this 4th day of June, 2002
SPOKANE COUNTY HEARING EXAMINER
Mich. el C. Dempsey, WSBA • 23
HE Findings, Conclusions and Decision
VE-2-02 Page 6
NOTICE OF FINAL DECISION AND NOTICE OF RIGHT TO APPEAL
Pursuant to Spokane County Resolution No. 96-0171, the decision of the Hearing
Examiner on an application for a variance is final and conclusive unless within twenty-one
(21) calendar days from the issuance of the Examiner's decision, a party with standing files
a land use petition in superior court pursuant to chapter 36.70C RCW. Pursuant to chapter
36.70C RCW, the date of issuance of the Hearing Examiner's decision is three (3) days after
it is mailed.
This Decision was mailed by Certified Mail to the Applicant and by first class mail to
other parties of record on June 4, 2002. The date of issuance of the Hearing Examiner's
decision is therefore June 7, 2002, counting to the next business day when the last day for
mailing falls on a weekend or holiday. THE LAST DAY FOR APPEAL OF THIS
DECISION TO SUPERIOR COURT BY LAND USE PETITION IS JUNE 28, 2002.
The complete record in this matter, including this decision, is on file during the appeal
period with the Office of the Hearing Examiner, Third Floor, Public Works Building, 1026
West Broadway Avenue, Spokane, Washington, 99260-0245. The file may be inspected
during normal working hours, listed as Monday - Friday of each week, except holidays,
between the hours of 8:30 a.m. and 5:00 p.m. Copies of the documents in the record will be
made available at the cost set by Spokane County.
Pursuant to RCW 36.70B.130, affected property owners may request a change in
valuation for property tax purposes notwithstanding any program of revaluation.
HE Findings, Conclusions and Decision
VE-2-02 Page 7
i
A
V
SPQKANE COl1NTY DIVISION QF PLANNING
File No.F VE-02-02 Name pf Plat:~~%q;~~
Parcel Nv(s), 35131. 1201 Existincl zoning: 1-2
• Project Planner: JASON LANGBEHN AS-OM SF Number af lats:
Neighborhaod Assvciati4n: 41IN
Fire District. #1 Schoaf District: WV #363 Water aistrict: Spakane Caunty
Prcaject Descrip#ian: VARfANCE TU THE MAXIMLJM BUILQING HEIGHT REQUIREMENTS
OF THE 1-2 ZONE (PROF'OSED 79' - MAX. ALLUVIIED 40')
APPLICANT INFORMATIC7N:
Owner{s}; ASH GRUVE CEMENT COMPANY PhQne: (W) 800-545-18$2
8900 INDIAN CREEK PARKINAY, STE 500 (H)
CaU'EF2LANC3 PARK KS 66225 Fax: 913-451-$324
Applicant: 71M MARTIN _ Phane: 928-4343
131 2 N. YHI ERN9AN (H) 758-2134
SF'OKANEL WA 99212 Fax: 921-8907
Praject T1M MARTlN Phone:
Cantact: - (H)
- - Fax:
Sutveyor: Phone= t1N)
Fax.
APPLICATION STATUS:
Pre-Gonference Date: Date Application SUbmitted:
~Complete Date: z-rz- ~c,z Technical Review Date: - ~-CK~
beterminatian of Ccampleteness Dates. Incomplete 3 Complete 3 z-%s-zccz
Mailing Dates far: Notice of Application: SEPA: ~ Notice of Hearing
L+egai Ad Sent: Nlearing Da#e: ~-11- Decision: Approve~Denied .3
aecision Appealed: Yes 3 Na 3~ Appeal Hearing Date:. _
Appeal Decisian: Canfirmed Decision 3 Overturned Decision ~i
Preliminary Plat 1 Binding Site Plan Expiration C3ate: Extensions;
Applicativn Pracessing Notes:
MARPING; 1 _
Title Notices: Completed 3 Date. Official Zvning N1ap Amended: 3 Date:
FINAL: Final Plat Recorded:
(date) (date) (date) (date)
~
~
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CJ1 ti
4
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4737866
~112120Q2 ~ ~ 54A
,
SPOKANE COUNTY Bl QG I PlA N 40 QD Sankane Co WA
TITLE NOTICE
FILED BY
PUBLIC WORKS DEPT
DIV OF PLANNING PWK-1
1116 W BROADWAY AVE
SPOK:ANE, WA 99260-0220
(509) 477-7200
Parcel No 35131 1201
Legal Property Owner Ash Grove Cemeat Company
The parcel of property legally descnbed as
Lot 1, Block 1, Burluigton Northern Pazkwater Industnal Park, per plat recorded in 1978 at Book
14, page 34 of Plats, records of Spokane County Auditor
is the subject of a land use achon, by the Spokane County Heanng Exatniner on Juae 4, 20029
approvuig a zorung vanance and unposing a vanety of special development condihons Ffle No
VE-2-02, wluch relates to such approval, is avaslable for uispection and copying in the Spokane
County Division of Plaruung
Release of this Trtle Notice can only be accomphshed through the authonty of the Spokane
County Division of Planning or its successor by recordxng of a"Title Notice Extinguishment"
based upon a finding that such release should occur
BY SPOKANE COUNTY DIVISION OF PLANNING
Name Jason Langbehn Title Planner
Signature 081M. Date CD ~ 02.
~
~
S P CJ► K A N E C C7~ '(.7 .N T y
QFBICE OF THfi HEARIIJG EXAMINER MICHAEL C DEMP58Y CHTEF EXAMINER
June s, 2002
Martm
Ash Grove Cement Campany
1312 N Thierman Road
Spokane, WA 99212
RE File No VE-2-02, Correcnon of Ctencal Ertcars m Heanng Exanuner Deci.s2on
Dear Mr MartuL
County Division of Flanning staff has drawn tv my attention certain clencal eimrs ir► my
decLSion in the above file issued on June 4, 2002 My secretary would nvrmally catch these
types of errors, but has been on vacation for the last week or sv
Section 17 of the Heanng Exammer Ru1es of Pracedure gives the Heanxig Examiner 1united
authonty to reconsider or clanfy a fina1 decision, to address " excep#ivnal cucumstances such
as correctmg clencal errors, fraud or obvious ambiguzty "
I her eby revnse the capnon at the top on page 1 of the decision, adj acent ta "RE", by subsri.tutmg
"Light Industrtal (I-2) Zone" for "Rural Resideatial-1 0 (F,R 10) Zone "
I hereby revlse F1ndmg of Fact #23 af the demsion to subshtute "I-2 or I-3 zone" for "I-3 or I-3
zone" I hereby revise Fmd.mg of Fact #25 of the decisian to substrtute "I-2 zond" for "B-Z"
zone
Since the revxsions do not change the operatxve parrt of the decision, the appeal penod wtll not be
extended.
Sincerely,
l ~
Nlichael C Dempsey
County Heanng Exam;ner
c Tason Langbehn, County Ihvision of Flanning
Other parties of record
THitD FLt?OR I'[JBLIC WORKS BLIII.DING
1426 WHS[' BRVADWM Avffiv[JB, SIPoKANH, WASIDYG'MN 9926M45
PHC)NB. (SM) 477 7490 • FAX. (M) 477 7478 9 TDD, (SM) 477 7133
SPOKANE COUNTY HEARING EXANIINER
RE Vanance from Setback Requirements, )
m the Rural Residential-10 (RR-10) Zone, ) FINDLNGS OF FACT,
Apphcant Ash Grove Cement Company ) CONCLUSIONS OF LAW,
File No VE-2-02 ) AND DECISION
)
This matter comuig on for pubhc heanng on Apn117, 2002, the Hearuig Examiner,
after review of the land use apphcahon and the entire record, and finding good cause
therefore, hereby makes the following finduigs of fact, conclusions of law and decision
I FINDINGS OF FACT
1 The application requests a vanance from the 40-foot maxunum buildzng height
requirement of the Light Industnal (I-2) zone, to allow construcrion of a 79-foot tall cement
storage silo
2 The site is generally located east of and adj acent to Thierman Road, northeasterly of
the intersection of such road and Sharp Avenue, in the NE '/4 of Section 13, Township 25
North, R.ange 43 EWM, Spokane County, Washington
3 The site is currently referenced as County Assessor's tax parcel no 35131 1201, and is
addressed at 1312 N Thierman Road, Spokane, Washmgton.
4 The subject property is legally descnbed as Lot 1, Block 1, Burlulgton Northern
Parkwater Industnal Park, per plat recorded in 1978 at Book 14, page 34 of Plats, re.cords of
Spokane County Auditor
5 The apphcant for the vanance and the owner of the srte is Ash Grove Cement
Company, c/o Tun Marhn, 1312 N Thierman Road, Spokane, Waslungton, 99212
6 The Heanng Exammer visited the srte on Apn117, 2002 A pubhc heanng was held
on the proposal on Apn117, 2002 The reqwrements for pubhc nohce of heanng were met
7 The vanance apphcatYOn is exempt from comphance wrth the Sta.te Envlronmental
Pohcy Act and the County's Local Environmental Ordinance, pursuant to WAC 197-11-800
(6)(b)
8 The Heanng Exammer heard the apphcahon pursuant to the County Hearmg Exammer
Orduiance (County Resolution No 96-0171) and the County Hearuig Exammer Rules of
Procedure (County Resolurion No 96-0294)
9 The Hearmg Exammer takes nohce of the County Generahzed Comprehensive Plan, GMA
Comprehensive Plan and Capital Facilitles Plan, Phase I Development Regulanans, County
HE Fmdings, Conclusions and Decision VE-2-02 Page 1
9 The Heanng Exarruner takes nohce of the County Genera.hzed Comprehensive Plan, GMA
Comprehensive Plan and Capital Facihhes Plan, Phase I Development Regulations, County
Resoluhon Nos 1-1033 and 2-0037, County Artenal Road Plan maps, County official zonmg
maps, County Zorung Code, County Code, other apphcable deveiopment regulations, and pnor
land use decisions in the vicuuty
10 The record mcludes the documents in the project file at the hme of the pubhc heanug,
the documents in File No VE-28-91 (except for public notice documents and related maps),
the documents and testimony subnutted at the pubhc heanng, and the Examiner's letter
dated May 19, 2002 expressing oral approval of the vanance apphcation
11 The followmg persons testified at the pubhc heanug
Jason Langbehn Tim Marhn
County Division of Planiung 1312 N Thierman Road
1026 West Broadway Spokane, WA 99212
Spokane, WA 99260-0240
12 The subject property is approxunately two (2) acres in size, rectangular Ua shape and
relahvely flat in topography A razlroad line borders the site on the east A cement
distnbution facihty has been operated on the site smce 1971 This involves the dehvery of
dry cement to the srte by rail, unloadzng and storing the cement in stora.ge sdos, and later
loading of cement mto pneuma.hc tanker trucks for dehvery to concrete ready mix plants
On January 16, 1992, the County Zorung Adjustor approved a height vanance for the
property, m the I-2 zone, to allow the constnicrion of a 74-foot tall concrete storage silo
See Fde No VE-28-91 Three 59-foot tall silos and the one 74-foot tall silo are currently
found on the subject property
13 A complete apphcation for the proposed vanance was subnutted on February 12, 2002
The site plan of record subnutted for the pmject on February 7, 2002 shows the existmg
unprovements on the srte and the proposed 79-foot tall sdo A plan showing the elevation
profile of the proposed sflo and existmg unprovements looking to the east was also
subnutted on such date
14 Effective January 15, 2002, the County unplemented a new Comprehensive Plan
("GMA Comprehensive Plan"), County Urban Growth Area (UGA) boundanes, and Phase I
Development Regularions, all in unplementahon of the State Crowth Management Act The
County also repealed the intenm development regvlations previously adopted by the County
under the State Growth Management Act See County Resoluhon No 2-0037
15 The srte and the land in the area are designated m the County UGA. Pnor to January
15, 2002, the site was designated inside the County's intenm urban growth area (IUGA)
boundanes
16 The site and nearby land to the north, south and west are designated in the Heavy
Industrial category of the GMA Comprehensive Plan The land lyulg east of the srte is
designated in the Light Industnal category The Phase I Develapment Regulahons retained
HE Findings, Conclusions and Decision VE-2-02 Page 2
the existing zonuig of land designated in the Heavy Industrial and Light Industnal
categones
17 The 1and lyuig west of the site is zoned Heavy Industnal (I-3), while nearby land to the
north, south and east is zoned I-2 Severallarge petroleum silos taller than 40 feet aze
located southwest of the subject property, and grain elevators m excess of 130 feet tall are
found farther to the southwest along Broadway Avenue The maximum building height in
the I-3 zone is 65 feet
18 The site and sunounding area aze located in the AqLUfer Sensitive Overlay zone and
the Pubhc Transrt Benefit Area desigaated by the County ZonUag Code
19 The County Artenal Road Plan in the G1VIA Comprehensive Plan designates Tluerman
Road and Sharp Avenue in the vicuuty as Urban Collector Artenals Broadway Avenue,
wluch is designated as an Urban Pnncipal Artenal, and rts freeway interchange vvith
Interstate 90, aze located approximately 750 feet south of the srte
20 Information supphed by the applicant estabhshes that storage in the proposed silo
must occur above the uutia124 feet of the silo for loading and weighing the product, that a
muumum of 40 feet of storage is reqwred to make the silo practical, aud that an overall sdo
height of 65 feet is necessary for loadzng and design purposes The apphcant is requestuig
an addzhonal sdo height of 14 feet to fulfill the increased demand for cement in the area.
The site is very linuted as to the locarion of new silos, due to the sequenhal loading and
unload.iug reqturements for the cement
21 The apphcant also established tha.t a sdo 40 foot tall or less would reqwre pneumatic
hanciling of the cement before being loaded on a pneumahc truck, requinng more energy and
increasing airborne dust that would be of concern to the Spokane Air Pollunon Control
Authonty
22 Neighboruig property owners did not comment on the proposal No pubhc agencies
opposed the project The Crty of Spokane is located approxnnately one-half nule to the
northwest The srte is located m the City's sewer service area
23 The eansting cement d.istnbuhon facihties limrt use of the site for another purpose
The location of the site adjacent to a ra,ilway luie, near Interstate 90, in an existuig mdustnal
zone and near other storage structures that are taller than the maxirnum builduig height in the
I-3 or I-3 zone render the srte panccularly well-suuted to such use
24 The maxlmum builduig height m the I-2 zone creates prachcal difficulhes for the
property because it grossly restricts or preempts uinovative or state of the art technology not
anhcipated when the County Zonuig Code was adopted Relaxarion of the Zorung Code will
allow a more environmentally sensihve, energy conserving design Tlus depnves the
property of pnvileges enjoyed by other properties in the vicuuty zoaed I-2 or I-3
HE Fmdings, Conclusions and Decision VE-2-02 Page 3
25 The StaffReport properly analyzes the consistency of the proposed vanance with the
GMA Comprehensive Plan, the development standards of the B-2 zone and the vanance
cntena specified by the County Zoning Code The Heanug Exammer hereby adopts such
analysis as findings of fact herem
Based on the above finchngs of fact, the Heanng Exammer enters the followuig
II CONCLUSIONS OF LAW
1 Because of special circumstances apphcable to the property, stnct apphcation of the
maxunum height requirement of Zonmg Code 14 632 335 creates prachcal difficulties and
depnves the property of nghts and pnvileges enjoyed by other properties in the vicnuty and
sunilazly zoned
2 As condlrioned, granting of the vanance vnll nerther be detnmental to the pubhc
welfare nor injunous to the property or unprovements in the vicunty and the Light Industnal
(I-2) zone in wluch the srte is located
3 The proposal, as conditioned, conforms to the GMA Comprehensrve Plan
4 The proposal, aside from the requested vanance, comphes with the I-2 zone and other
apphcable development regulations
5 Approval of the vanance apphcatlon, as condihoned, is appropnate under secnon 11 of
the County Heanng Exammer Orduiance, adopted by County Resoluhon No 96-0171
III DECISION
Based on the Finduigs of Fact and Conclusions of Law stated above, the apphcafiion
for a vanance from the maxunum building height reqturement of the Light Industnal (I-2)
zone, for development of a 79-foot tall cement storage silo, is hereby approved, subject to
the conditions of approval listed below
Any condrtions of pubhc agencies that have been added to or sigaificantly revised are
ataltctzed
Failure to comply vnth the conditions of tlus approval may result in suspension or
revocation of the vanance by the Hearing Exammer
SPOI!:ANE COUNTY DIVISION OF PLANNING
1 All condihons unposed by the Heanng Exammer shall be bmdmg on the "Apphcant",
which term shall include the owners, developers and users of the property, and theu heus,
assigns and successors
HE Fmdings, Conclusions and Decision VE-2-02 Page 4
2 The vanance apphes to Lot 1, Block 1, Burluigton Northern Pazkwater Industnal Park,
per plat recorded in 1978 at Book 14, page 34 of Plats, records of Spokane County Auditor
The srte is currently referenced as County Assessor's tax parcel no 35131 1201
3 The proposal shall comply Rnth the Light Industnal-2 (I-2) zone, the Aquifer Senative
Overlay zone and other apphcable provisions of the Spokane County Zoiung Code, as
amended, except for those deviations allowed by the approval of tlle subject vanance
4 The apphcant shall develop the subject property m substantial conformance with the
site plan of record subnutted by the apphcant on February 12, 2002 All aspects of the
concept and proposal shall be binduig on the development Muior vanations, to be approved
by the Duector of the Division of Plannmg/designee, shall only be allowed to meet
regulation standards and conditions of approval Any other modification must be presented
to the Hearing Examiner for review and approval
5 The proposed cement storage stlo rs lamited to a height of 79 feet
6 The Divlston of Platuung sha11 prepaze and record vvith the Spokane County Auditor a
Title Notice, noting that the properiy m queshon is subject to a vanety of special condztions
unposed as a result of tlus approval Tlus Trtle Nohce shall serve as pubhc notice of the
condihons of approval affecting the property in question The Trtle Notice sha11 be recorded
vvithun the same time frame as allowed for an appeal and shall only be released, in full or in
part, by the Division of Planrung The Trtle Notice shall generally provide as follows
"The parcel of property legally descnbed as Lot 1, Block 1, Burhngton Northern
Parkwater Industnal Park, per plat recorded m 1978 at Book 14, page 34 of Plats, records of
Spokane County Auditor is the subject of a land use action by the Spokane County Heanng
Examiner on June 4, 2002, approvuig a zonuig vanance and unposmg a variety of special
development conditions Fil.e Number VE-2-02, wluch relates to such approval, is available
for uispechon and copying in the Spokane County Division of Planiung "
SPOKANE COUNTY DIVISION OF BUII.,DING AND CODE ENFORCEMENT
1 The apphcant should contact the Division of Builduig and Code Enforcement at the
earhest possible stage in order to be uLformed of code requirements admunisteredlenforced as
authonzed by the State Builduig Code Act Design/development concerns include
addressing, fire appara.tus access roads, fire hydrant flow, approved water systems, buzlding
accessiblhty, constructxon type, occupancy classification, exishng extenor wa11 protechon
and energy code requirements
SPOKANE COUNTY DIVISION OF ENGINEERING AND ROADS
Prior to release of a bnilding permit or nse of property as proposed
1 The apphcant is advised that there may eaust urihties either underground or overhead
affectuig the apphcant's property, mcludzng property to be dedzcated or set aside future
HE Findings, Conclusions and Decision VE-2-02 Page 5
acquisition Spokane County will assume no financial obhgation for adjustments or
relocation regarduig these utihties The apphcant should contact the apphcable utlhties
regarduig responsibilrty for adjustment or relocation costs and to make anangements for any
necessazy work
SPOKANE COUNTY DIVISION OF UTILITIES
1 This project hes wrthin the Crty of Spokane Sewer Service Area The apphcant is
requested to nohfy the City of this proposal and conform to the City's reqwremeats
SPOKANE COUNTY AIR POLLUTION CONTROL AUTHORITY
1 All apphcable air polluhon control regulahons shall be comphed vnth
DATED tlus 0 day of June, 2002
SPOKANE COUNTY HEARING E R
4Mch C Dempsey, WSBA 23
HE Finduigs, Conclusions and Decmon VE-2-02 Page 6
NOTICE OF FINAL DECISION AND NOTICE OF RIGHT TO APPEAL
Pursuant to Spokane County Resoluhon No 96-0171, tlie decision of the Heanng
Examiner on an apphcahon for a vanance is final and conclusive unless wrthin twenty-one
(21) calendar days from the issuance of the Exam~ner's decision, a party with standing files
a land use pehtion m supenor court pursuant to chapter 36 70C RCW Pursuant to chapter
36 70C RCW, the date of issuance of the Hearulg Examiner's decision is three (3) days after
it is mazled
This Decision was mailed by Cerhfied Mail to the Apphcant and by first class mail to
other parhes of record on June 4, 2002 The date of issuance of the Heanng Exanniner's
decision is therefore June 7, 2002, countmg to the next business day whett the last day for
mailing fa11s on a weekend or hohday THE LAST DAY FOR APPEAL OF THIS
DECISION TO SUPERIOR COURT BY LAND USE PETITION IS JUNE 28, 2002
The complete record in thls matter, mclucling this decision, is on file durmg the appeal
penod with the Office of the Hearmg Examiner, Thud Floor, Pubhc Works Builduig, 1026
West Broadway Avenue, Spokane, Washington, 99260-0245 The file may be uispected
dunng nonnal working hours, hsted as Monday - Fnday of each week, except hohdays,
between the hours of 8 30 a m and 5 00 p m Copies of the documents in the record Rnll be
made available at the cost set by Spokaue County
Pursuant to RCW 36 70B 130, affected property owners may request a change m
valuahon for property taac purposes notwrthstanduig any program of revaluahon
HE Fmduigs, Conclusions and Declsion VE-2-02 Page 7
.
ASH GROVE CEMENT CO
TIM MARTIN
1312 N THIERMAN RD
SPOKANE WA 99212
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SPOKA~NE VIIA 99212
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S P O K A N E O U N T Y
OFFICE OF THE HEARING EXAMINER MICHAEL C. DEMPSEY, CHIEF EXAMINER
May 9, 2002
Tim Martin
1312 North Thierman Road I
Spokane, WA 99212
RE: Letter of Approval for VE-2-02, Variance request from maximum building height
requirements; Parcel No. 35131.1201
Dear Mr. Martin:
On April 17, 2002 a public hearing was held on your application for a variance to
allow the construction of a cement storage silo with a maximum building height of 79
feet for a site located at 1312 North Thierman Road.
I will approve the application as proposed and subject to the conditions of
approval contained in the staff report.
This oral approval is subject to the entry of formal written findings, conclusions
and decision consistent with this letter. I will not be adding any other new conditions,
although there will be some minor rewording of certain conditions. The appeal period
will run from the date such written decision is entered.
Sincerely,
/ C
Michael C. Dempsey
Spokane County Hearing Examiner
c Jason Langbehn, Division of Planning
Ash Grove Cement Company, 8900 Indian Creek Parkway, Suite 600, Overland
Park, KS 66225
THII2D FLAOR P[JBLIC WORKS BUILDING
1026 WEST BROADWAY AVENUE, SPOKANE, WASHWGTON 99260-0245
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STAFF REPORT TO THE HEARING EXAMINER
_ FILE VE-2-02
~
III ~ ~ ~ DIVISION OF PLANNING
SPOMI\T C0U1\UY
HEARING DATE: April 17, 2002 @ 9:00 a.m. FILE VE-2-02
PROJECT PLANNER: Jason Langbehn, Associate Planner
PROJECT DESCRIPTION: Variance request to allow construction of a cement storage silo with
a maximum building height of 79 feet, whereas Section 14.632.335 of the Spokane County
Zoning Code requires structures to not exceed 40 feet in height.
Project Data
Project Location: The subject parcel is generally located east of and
adjacent to the intersection of Sharp Ave. and
Thierman Rd., in the NE %4 of Section 13, Township
25 N., Range 43 E.W.M., Spokane County, WA. The
site address is 1312 N. Thierman Rd.
Parcel Number: 35131.1201
Owner: Ash Grove Cement Company
8900 Indian Creek Parkway, Suite 600
Overland Park, KS 66225
(800~545-1882
Applicant: Tim artin
1312 N. Thierman Rd.
Spokane, WA 99212
509) 928-4343
Comprehensive Plan Desi nation: rleav Industrial
Zoning: LightLdustrial~(I-2)
Existin Land Use: Ash Grove Cement Company
Surroundin Zonin and Land Uses:
• North: Zoning to the north of the site consists of Light
Industrial (I-2), established in 1991, previously
classified as Restricted Industrial (RI) in 1954 (ZE-68-
54). Land use to the north of the site consists of
I ndustrial.
• South: 2oning to the south of the site consists of Light
Industrial (I-2), established in 1991, previously
classified as Restricted Industrial (RI) in 1954 (ZE-68-
54). Land use to the south of the site consists of
Industrial.
• East: Zoning to the east of the site consists of Light
Industrial (I-2), established in 1991, previously
classified as Restricted Industrial (RI) in 1954 (ZE-68-
54). Land use to the east of the site consists of
Industrial.
• West: Zoning to the west of the site consists of Heavy
VE-2-02
Staff Report - April 17, 2002 Hearing
1 of 8
Industrial (I-3), establisliCU in 1991, previously
classified as Manufacturing (M) in 1941 (ZE-231-41).
Land use to the west of the site consists of Industrial.
Known Land Use Proposals and The following provides a list of the recent (1990-
Recent Project Approvals in the present) project approvals in the area of the subject
Area of this Proposal: proposal. Also included are previous project
approvals regarding height:
ZE-6-98; Zone Reclassification from Urban
Residential - 3.5 (UR-3.5) and Urban Residential - 7
(UR-7) to Light Industrial (I-2) for development of
equipment rental and storage, associated caretaker's
residence and those uses allowed in the Light
Industrial (I-2) zone, approved by the Spokane
County Hearing Examiner on December 3, 1998,
located west of Girard Rd. in the NE'/. of Section 13,
Township 25 N., Range 43 E.W.M.
ZE-18-94,VE-16-94 & VE-17-94; Zone
Reclassification from Light Industrial (I-2) to Regional
Business (B-3) for an indoor sports arena and those
uses permitted in the Regional Business (B-3) zone
with Variances, VE-16-94 for building height (65'
where 35' is permitted) and VE-17-94, road frontage
(no arterial road frontage), approved by the Spokane
County Hearing Examiner Committee on June 23,
1994, located north of Interstate 90, northeast of
Cataldo Ave., and south of Boone Ave., in the NW
of Section 13, Township 25 N., Range 43 E.W.M.
VE-28-91; Variance request from the height
requirements of the Light Industrial (I-2) zone to allow
construction of a 74' concrete storage silo, approved
by the Zoning Adjustor on January 16, 1992, located
east of and adjacent to the intersection of Sharp Ave.
and Thierman St., in the NE'/. of Section 13,
Township 25 N., Range 43 E.W.M.
VE-31-88; Variance request from the height
requirements of the Restricted Industrial (RI) zone to
allow construction of a 55' sign, approved by the
Spokane County Zoning Adjustor on December 1,
1988, located west of and adjacent to Bradley Rd. in
the NW'/. of Section 13, Township 25 N., Range 43
E.W.M.
Land Division Status: The subject site is a legal lot of record described as:
Lot 1, Block 1, Burlington Northern Parkwater
Industrial Park.
Water Purveyor: Spokane County Water District No. 3
Sewage Disposal: City of Spokane
Nearest Arterial and Distance: The site is located adjacent to the intersection of
Thierman Rd. and Sharp Ave. Thierman Rd. and
Sharp Ave. are designated Collector Arterials.
Mission Ave., also a Collector Arterial, is located
approximately 740 feet north of the subject site.
VE-2-02
Staff Report - April 17, 2002 Hearing
2of8
Neighborhood Association: I None Known
• This proposal is located within the Urban Growth Area (UGA).
• This proposal is not located within 1000 feet of a Natural Resource Land.
• This proposal is located within a Joint Planning Area (JPA).
• This proposal is located within an Airport Overlay Zone.
GMA/Critical Areas
Aquifer Recharge Area The subject property is located inside the
Priority Sewer Service Area (PSSA) and
inside the Aquifer Sensitive Area (ASA)
Overlay Zone.
Fish & Wildlife Habitat Conservation Areas None illustrated on the Spokane County
Critical Areas Maps.
Floodplain FEMA/FIRM Flood Plain maps identify that
the subject site is located outside the 100
year flood plain.
Geologically Hazardous Areas None indicated on the Spokane County
Critical Areas Maps.
Wetlands None illustrated on the Spokane County
Critical Areas Maps.
Shoreline Designation ~ Not Applicable
SEPA
This application is a minor land use action and is categorically exempt from the State Environmental Policy
Act. See WAC 197-11-800(6)(b).
Notice of Hearinq
Published: The proposal was published in the Legal Notice section of the Spokesman Review on
April 2, 2002.
Mailing Deadline: The deadline for notifying property owners/taxpayers of land within 400 feet of the
proposal was April 1, 2002.
1724 Comoliance Dates
Community Informational Meeting: January 8, 2002
Application Submitted: February 12, 2002
Written Determination of Compteteness issued: February 15, 2002
Notice of Application issued: February 15, 2002
Technical Review Meeting: March 7, 2002
Date Notice of Decision is Due: June 17, 2002
Reviewinq Aqencies
Fifteen (15) agencies were notified on February 15, 2002 and March 20, 2002. Comments were due on
March 1, 2002 and April 3, 2002.
,
Agencies Notified Response Date Agencies Notified Response Date
Received Received Received Received
Spokane County Division Yes 3-7-2002 Spokane County Fire Yes 2-19-2002
of Engineering, District #1
Transportation
Spokane Airport Board - No Spokane County Air Yes
Felts Field Pollution Control
Authority (SCAPCA)
Spokane County Division ~ Yes ~ 3-4-2002 Spokane Regional ~ Yes ~ 3-7-2002
VE-2-02
Staff Report - April 17, 2002 Hearing
3 of 8
of Utilities Health District &
4-4-2002
Spokane County Division Yes 2-21-2002 Spokane County Yes
of Utilities, Stormwater Division of Building and
Utility Code Enforcement
City of Spokane - No City of Spokane - No
Planning Construction Services
City of Spokane - Water No , City of Spokane - No
and Hydro Services Transportation Services
Washington State No Spokane County Water No
Department of District No. 3
Transportation (WSDOT)
Aqency Comments:
Agency comments received are in the form of recommended conditions of approval.
Responses from the Public:
No written responses were received from the public.
Description of the Site:
The subject site is approximately 2.2 acres in size and is rectangular in shape. The property dimensions
are 272' X 350'. The lot is generally flat. Site improvements include: three (3) 59' concrete storage silos,
one (1) 79' concrete storage silo, a 60 ton loadout facility, two (2) scales, a scale house and a rail
unloading facility.
Backqround:
The subject parcel is located entirely within the Yardley Joint Planning Area. Pursuant to Section 13.300.103
of the Spokane County Public Works Application Review Procedures for Project Permits: "For all Type II
project permit applications located within an identified Joint Planning Area under the Growth Management
Act as delineated on the official maps of Spokane County, the applicant shall conduct a community meeting
regarding the proposed application no more than 120 calendar days prior to submission of the application."
The proposed Variance is a Type II application. The applicant scheduled a Community Informational
Meeting on January 8, 2002. Notice was provided to adjacent property owners/taxpayers and the property
was posted. At 10:00 am on January 8, 2002 the applicant hefd a Community Informational Meeting. No
adjacent property owners/taxpayers attended.
On February 12, 2002 the variance application was submitted to the Division of Planning. A written
Determination of Completeness was issued on February 15, 2002. Notice of Application was circulated to all
property owners within 400 feet of the subject property on February 15, 2002 and a Technical Review
Meeting was scheduled and hetd on March 7, 2002.
Project Description:
The subject site is developed and used as a cement distribution terminal by Ash Grove Cement Company.
Ash Grove Cement Company has owned and operated the terminal since 1971. Cement is delivered to the
terminal by rail, unloaded and stored in cement storage silos until it can be sold to concrete ready mix plants
around the region. Once purchased, the shipping method out of the terminal is via pneumatic tanker trucks.
The applicant has proposed construction of a new 79' concrete storage silo north of an existing 79' concrete
storage silo. The new silo will have a 1000-ton capacity.
The Spokane County Zoning Adjustor approved a similar variance for a 74' cement storage silo on the same
parcel on January 16, 1992 (See VE-28-91). The variance did not include or illustrate the construction of a 5'
concrete footing under the 74' silo which explains the existing height of 79'.
VE-2-02
Staff Report - April 17, 2002 Hearing
4 of 8
Section 14.632.335 of the SpuKdne County Zoning Code states: "The ma,.s, ,,..m height of building or
structures in the Light Industrial (I-2) zone shall be three (3) stories, provided that no building or structure
shall exceed forty (40) feet in height." An approved variance would allow a 39' deviation from this standard.
Site Plan:
The site plan of record consists of two (2) maps:
The first map, labeled Overall Site Plan (identified as drawing number 01182-G-100) illustrates the following:
Parcel dimensions, setbacks to property lines, fencing, traffic circulation (truck and rail) and the location of
the existing and proposed development.
The second map, labeled Elevation Looking East (identified as drawing number 01182-G-101) provides a
cross-sectional view of the parcel looking east. The proposed 79-foot concrete silo is illustrated, and height
is illustrated from grade.
Note: The original maps were reduced, and do not illustrate the correct scale.
With the exception of the reQuested variance to the height, the site plan(s) of record appear consistent with
the development standards of the Light Industrial (I-2) zone.
Staff Analysis:
Phase I Development Regulations:
On January 15, 2002 the Spokane Counry Board of County Commissioners adopted the Phase I
Development Regulations (Resolution 2-0037). Pursuant to the cross-over matrix, Page 4, Attachment A,
pre-existing zoning classifications for those areas designated Heavy Industrial by the 2002 Comprehensive
Plan are retained.
The subject parcel is located entirely within the Heavy Industrial category of the Comprehensive Plan. The
existing zoning (Light Industrial (I-2) is retained.
Comprehensive Plan:
The proposal lies entirely within a Heavy Industrial category as designated by the Spokane County
Comprehensive Plan implemented January 15, 2002. Chapter 2 provides a definition of the Heavy Industrial
category of the Comprehensive Plan as follows:
Heavy lndustry is characterized by intense industrial activities which may have significant impacts to
surrounding areas, inc/uding, but not limited to, noise, odor, or aesthetic impacts. Commercial, residential
and recreational uses should not be allowed in areas designated for heavy industry, except for small-scale
ancillary uses serving the industria/ area. The conversion of designated industrial /ands to other uses should
be strictly limited. Limiting incompatib/e uses ensures a competifive advantage in business recruitment by
providing adequate industrial land supply, reducing land use conflicts and preventing inflation of land prices.
Chapter 2 does not provide any Goals and Policies that specifically address the Variance request; however,
Chapter 2 does provide Goals and Policies that address the Standards and Regulations for Industrial Areas
as follows:
Goal
UL.17 Establish and maintain land use regutations for industrial areas that protect their use into the
future and prevent land use conflicts.
Policies
UL.17.1 Industrial developments within the Urban Growth Area shall provide the following improvements:
VE-2-02
Staff Report - April 17, 2002 Hearing
5 of 8
a) Paved Streecs
b) Adequate parking for empioyees and business users
c) Adequate stormwater control, including curbs, gutters and stormwater management facilities
d) Public sewer and water supply
e) Controlled traffic access to arterials and intersections.
UL.17.2 Access points should be combined and limited in number to allow smooth traffic flow on
arterials. Access through residential areas should be avoided.
UL.17.3 Standards for setbacks, landscaping and noise barriers shall be developed to mitigate impacts
between industrial developments and adjacent land uses.
As conditioned, the construction of a 79' cement storage silo appears consistent with the purpose and intent
of Chapter 2 of the Spokane County Comprehensive Plan.
Concurrency:
Pursuant to Section IV (B) (d) (iv) of the Phase I Development Regulations, the subject application is exempt
from Transportation Concurrency requirements. Pursuant to Section IV (F) of the Phase I Development
Regulations, the subject application is exempt form Water and Sewer Concurrency review.
Zoning Code:
The purpose and intent of the Light Industrial (I-2) zone is to meet the needs for industrial land identified in
the Industrial Category of the Comprehensive Plan. Industrial uses in this zone will include processing,
fabrication, light assembly, freight handling, and similar operations, all of a non-offensive nature. It is the
intent of the I-2 zone to allow for these uses by making them compatible with surrounding uses. General
characteristics of these areas include paved roads and sidewalks, public sewer and water, a full line of
public services including manned fire protection and public transit accessibility.
Section 14.404.081 of the Spokane County Zoning Code pertaining to Variances and Conditional Use
Permits recognizes that circumstances may exist such that strict application of the provisions of the Zoning
Code may cause practical difficulties regarding the use of the property. Upon demonstration to the Hearing
Examiner by the property owner of circumstances which create practical difficulties, the Hearing Examiner
may grant a variance from the provisions of the Zoning Code. In order for a variance request to receive
approval, compliance with Section 14.404.082 (1-3) of the Spokane County Zoning Code must be
demonstrated by the applicant. Any variance from the terms of the Zoning Code shall be subject to those
conditions specifically identified in Section 14.404.082 (1a &b). Analysis of the proposal with Section
14.404. 082 (1 a & 1 b) is as follows:
Response to 14.404.082(1a): It would appear that the only "practical difficulty" effecting the subject site is
the height restriction of the Light Industrial (I-2) zone. As a result, the applicant is restricted to a maximum
structure height of 40'. The "practical difficulty" in this situation is not unique. Ash Grove Cement Company
obtained a variance to the maximum height restrictions of the Light Industrial (I-2) zone on January 16, 1992
to allow construction of a 74' concrete storage silo on the subject site. In addition, a number of structures
exceeding 40' in height exist in the area, including all four (4) existing silos located on the subject site.
Section 14.404.082 (4) (2) states that a"practical difficulty° may be the gross restriction or preemption of
innovative or state-of-the-art technology not anticipated by the drafters of the Spokane County Zoning Code.
The applicant has stated on the Variance Burden of Proof form that the design of the proposed silo will
utilize state-of-the-art technology and that the 40' limitation of the Spokane County Zoning Code was
adopted with buildings in mind and not unoccupied structures such as a utility tower or a cement silo. The
applicant feels that approval of the requested variance will not grant a special privilege as other silos in the
immediate vicinity exceed 1 GO'.
Response to 14.404.082(1b): As conditioned, the requested variance does not appear to be materially
detrimental to the public welfare nor injurious to the property or improvements in the vicinity and zone in
which the property is located. Surrounding properties are developed and zoned Heavy or Light Industrial.
The proposed use is consistent with the development standards of the Light Industrial (I-2) zone with the
VE-2-02
Staff Report - April 17, 2002 Hearing
6 of 8
exception of height. In accoiuQiice with "1724" procedures, the applicant a Community Informational
Meeting on January 8, 2002. No adjacent property owners/taxpayers attended. No written comments in
opposition to the proposal were received. If approved, the proposed use will expand an existing use that has
functioned as a cement distribution terminal since 1971. The proposed silo will be the same height as an
existing silo located on-site.
The following analysis of Section 14.404.082(2 & 3), while not to be considered as sole
substantiation, shall be considered in the granting of a variance:
Response to 14.404.082(2a): Strict application of the Zoning Code standards may create an unreasonable
burden on the applicant in that compliance with the Zoning Code would likely prevent the applicant from
properly designing the proposed silo. The applicant states on the Variance Burden of Proof Form (1a):
"Limiting the silo height to 40 feet is not practical and does deprive the owners effective use of their
property."
Response to 14.404.082(2b): After reviewing the application and a previous variance approved on-site (VE-
28-91), it would appear that relaxation of the zoning code standard will allow a more environmentally
sensitive and energy conserving design. The applicant has stated that a relaxation of the height restriction
will eliminate the need to pneumatically handle the cement before loading. This will reduce the chance of
airborne dust and is less energy consuming.
Response fo 94.404.082(2c): It would appear that a broader community need would be served by the
granting of this variance request. The applicant has stated that the demand for cement around the Spokane
Region has greatly increased in the last decade due to more construction of concrete intersections and
highway paving jobs that come to the region year to year. An approved variance would increase capacity on-
site and allow Ash Grove Cement to meet concrete ready mix plants needs around the region.
Response to 14.404.082(3a): The applicant does not rely on any neighboring illegal or non-conforming
circumstances to justify approval of the proposal. The granting of the variance will not be based upon a
precedent established by illegal or non-conforming circumstances.
Response to 14.404.082(3b): No precedent will be established which will adversely effect the zoning
concept for the existing neighborhood or the County as a whole. A previous variance was approved for the
same site by the Spokane County Zoning Adjustor on January 16, 1992. The subject site and surrounding
properties are developed, and existing structures in excess of 40' are established in the area.
Response to 14.404.082(3c): The applicant states the proposed variance request is not substantially based
upon a lack of reasonable economic return or a claim that the existing structure is to small; rather, the
variance request is to allow for a practical design that will meet current demands on the cement industry.
Response to 14.404.082(3d): The proposed variance does not appear to be inconsistent with the purpose
and intent of the Comprehensive Plan. The subject property is located entirely within the Heavy Industrial
category of the Comprehensive Plan.
Response to 14.404.082(3e): The practical difficulties related to the property existed when the applicant
purchased the property. The applicant has stated that when the terminal was designed in 1971 the 40'
limitation of the zone was impractical and as demand has increased, the 40' limitation has become even
more restrictive in regards to proper design.
Response to 14.404.082(3 fl: The proposed variance will not result in a de facto zone reclassification. The
proposed use is an allowed use, and appears to comply with all of the development standards of the Light
Industrial (I-2) zone excluding height. All four (4) of the existing silos located on-site exceed the 40' height
restriction of the Light Industrial (I-2) zone.
Response to 14.404.082(3g): The proposed variance is not for the purpose of circumventing density
regulations designed to protect groundwater.
VE-2-02
Staff Report - April 17, 2002 Hearing
7of8
f
Summary: The requesteo variance from the maximum height requirem uf Section 14.632.335 of the
Spokane County Zoning Code is generally based on special circumstances applicable to the property
including project location and surrounding conditions. Strict application of the Spokane County Zoning Code
standards would appear to create an unreasonable burden on the applicant concerning design. The
applicant has proposed construction of a 79' concrete storage silo utilizing state-of-the-art technology that
will expand upon an existing use in operation since 1971. The use appears consistent with the purpose and
intent of the Spokane County Comprehensive Plan.
Attachments:
A. Maps
• Vicinity Map
• Site Plan (2 maps)
• Zoning Map
• Comprehensive Plan Map
B. Recommended Conditions of Approval
C. Agency Comments
VE-2-02
Staff Report - April 17, 2002 Hearing
8 of 8
~ RECOMMENDED CONDITIONS OF
APPROVAL FOR VE-2-02
7 .
DIVISION OF PLANNING
SPOKAT~ COUWY
1. All conditions imposed by the Hearing Examiner shall be binding on the "Applicant", which
term shall include the developer, owner(s) of the property, heirs, assigns and successors.
2. The variance applies to the following real property: Lot 1, Block 1, Burlington Northern
Parkwater Industrial Park, Section 13, Township 25 N., Range 43 E.W.M. Assessor's Tax
Parcel # 35131.1201.
3. The proposal shall comply with the general provisions of the Light Industrial (I-2) zone and
all other applicable chapters of the Spokane County Zoning Code, as amended, except for
those deviations allowed by the approval of the subject variance.
4. The applicant shall develop the subject property in substantial conformance with the site
plan(s) presented to the Hearing Examiner on April 17, 2002 and as modified due to
complying with these "Conditions of Approval." All aspects of the concept and proposal
shall be binding on the development. Minor variations, to be approved by the Director of
the Division of Plaiining/designee, shall only be allowed to meet regulation standards and
"Conditions of Approval." Any other modification must be presented to the Hearing
Examiner for review and approval.
5. The Division of Planning shall prepare and record with the Spokane County Auditor a Title
Notice, noting that the property in question is subject to a variety of special conditions
imposed as a result of this approval. This Title Notice shall serve as public notice of the ~
uConditions of Approval" affecting the property in question. The Title Notice shall be '
recorded within the same time frame as allowed for an appeal and shall only be released, in full or in part, by the Division of Planning. The Title Notice shall generally provide as
follows:
"The parcel of property legally described as [ insert legal description ] is the subject
of a land use action by the Spokane County Hearing Examiner on [ insert approval
date imposing a variety of special development conditions. File Number VE-2-02 is
available for inspection and copying in the Spokane County Division of Planning."
~
i
VE-2-02
Recommended Conditions of Approval
°p-
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_ - - - ~
NaTIFIcATlON
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Page C8 Tuestlay, April 2, 2002 ~
1~Gu noncES 12 o~TMS 13 FuN~,us 13 NNERAlS 26 ~caL s~rvicEs 122 sPO u~cu~raTM~ 221 ~es~a omor°
UDELHOVEN, Joseph Paul - HAMMOMD, Agnes D. (Age 92) LEWIS, Randy D. IAge 511 - 8811kfUpt~ oil
IARG
E & beautiful, immaculate
NOTICE OF PUBLIC HEARING gom January 30,1 29; passea Born october 11, 19 9 in ~ssed away March 30, 2002
WENATCHEE LOG HOMf 2 ~m, aeo, c~reopa~i~,
ookane Caunnng Ezaminer 4 BED/3 BATH 5248,000 lease b745 +dep Call 624-8100
Age~aa a i 17, 2002 away March 28, 2002. He was Mifes, WA; passed away March m Spokane. Randy has worked : logcahin(asale.or a6.,
chief taxidermist for Knopp 30, 2002 m Spokane. She is tor Spokane School Dismct No, ~'DIVORCE/BANKRUPTCY SEE #3, ou
y Da a.m. • vE-02-02; Yar~nce Bros. for 25 years and Spokane survived by her sons, Robert E. 81 since 1989. Memorial Ser- 35,000 Cases Nandled APTS• UNfURN15NED
reQuest ro elbw c:arohixtion d a Glove b Tanning for 15 years, Hammond, 5eattle, WA and vicewillbeat2PMWednesQay, *E150/8250Unaaitested+FikFee ~M~W~ 222DOW►ITOWN
cement sta~ sib wiM a maximum Survived b wife, Ph Ilis of 47 Gary B. Hammond, Pasca; A nl 3, 2002 at HAZEM d, Cau a Bet answers on the wpb
w~iding hei t d 79 ft., whaeas y y p 326•3600 • 24NR InPo Li~e ~wn la 3.335 d tne 5uotane Y~rs; daughters, Brenda, Rosie nephew, Jim 0'Rourke, Spo- lAEGER VALLfY FUNERAL SEl1 YouA HOME IN 9 DAYS *RIYERFALLS TOWER
,'~unry Zoning c:aae requires snuc- and Ten; adopted daughters, kane; two grandnephews, HOME, 1306N. PINESROAO. WWW.dIVOfCBII1W8.COCf) We pa tash tar haaes in Spokane Enjoy upscale downtown apar.
,~~r~ro~eKOeeaaonioneignt.rne andCindy; son,lim; and Patnck 0'Rourke, Spokane and area, f~ll pnce ranges. Catl 24 hoi,r ^06 living. 162 bdrmaptsavail:~r
,roi~erty n iocaiea E d and adiacero ad ed son, Don. Matt Q'Rourke, Bellevue, WA; www.bankrupteyinwa.com recordea masage ror informntan wjn, fi ~eixes & gre:
io IIx inteisectan d SAa~p Ave, and hom Mark REALTY WORlO ~
ih~emun St. ApplMam: im Martin, oizo+z thtee great•grandnephews and Dennis M. Wallace Attomey C' the c Gospe to everyth
" 1303 M. 0lvision Suite C ~roMeed Best Price. 455•3862. town. Iease cal! w vi~t tr.
1312 N. Thierman St, S ne, wA one great•grandniece. She was 031e79 019328 1224 w. Riverssidee .
99212, 5091 928•4 43. Staff p PAver
PR~ 838•5520
13 receded in death by her hus• e f.~}• B,n►u~p►~y! DUI IPerson+l InWry
~ ~i%J050n langbchn, 509/ . band Of 30 y8Bt5, Bemard E. 4`• Ch 7, Cfi 13 Ch 11 • Persinfury: all WE BUY HOUSES - CASH TO PUBUCATION ManWd yy ~y{~ k p.
BERGLUND, S i E. ( e 75) • Hammond, in 1910. She was a Des• Duil~rimlfraflit. 32b•5595 ANY CONDITION • ANY AREA tlpdnd M this dsqNlptlon Quai Fbusing pppwlu;,,;
~ . 459•1027 tsssu o;
10 30 a.m. Naoe scheGukd at Mls Passed away on March 30, resident of the Spokane area for BtBS t00 IOW t0 3dUBftIS2. * eeaunrui quiet victonen nome,
~ime. 2002 in $pokane, WA, $he 23 years and a member af the 09206: 061951 caae N, refrig, much mae in rtn. Nr UNFURNISHEC
was Dom on Janua 10 1927 Episcopal Cathedrai of St. John ^ i Bur H OU S E S hospitalsS34 5paysalV53403491r 223 ~~H~
: 30 p.m. None sthedule0 at this 2X p~~~
p Cash olter toda . i ie~e2
„k, in Om ak, W A t o e orge an d t h e Evange li s t. S he was a mem• v 877-865•0786 rol~ iree Femele shere, ciean o qukt 3bd hame 1^^"
ElizaQeth Hoibrooi B,eioved ber of Local and National Chap- Any price, s¢e or area. francls d ash, w!d, cabie and al{ j~~
Pu Waic neanngs am ca,eucted in wife to Roy E. Berglund, who ters of Retired Teachers )00( DYOs $8.95 054762 ~(i~ indudea, 5310. 328•2288.
meCommissioner'sAssemDly Room, 0~0~90
passed away on November 10, nssociation; Tawanka Alumni viaeo's83.991UUf. Ma zinaSL99 I BUY HOUSES. CASH 1 MONTH FREE
Public wala eag.~ 1026 vV. Broad•
. Female dm to share beauti•
°f 1998. Sybii is survived by her Association o1 Eastern wash, g 5096n Sup. Cy-5kin novelties o%ott. snoes WANTEDi
way, s~ane, WA. Facilit~es are ofl lm erie & pulfin stufl. Open Call lor hee Quote, 468•1851. ful south hill home wl3 temale college + PAYMENT DISCOUN
u~ys,ca i~y ,r.c~s,ae kr ind,viauais son, Charles E. Berglund and ton Universiry Spokane College 24 ~rs, Must be 18. Ii71s9 sNdents. Only $300. 535-1440.
~,im asadiitms. Hearmgs wiil be her daughter, Lisa Jo Berglund. Women; and a member of the No~ °~,~oz to qSiS~applicants 2& 3&
~~o ~ua~~ ~ Q~ a cash4homes.cam
i
ronducted xFrnding m the proce- 5ybil i5 al5o SuNiv2d by every OOwf1 River Wort18n5' Golf Club 3813 N. Diviswn ~"324•8960 p y ding at E4351month
dures ado ted in County Res. MILLER, Helen Gl~hude (Clafk) 4811 N. Market 484-1730 ~~11504•323-77)J ~O~ $HAR ROOMS ED fOR HOME$( RENi •Autumn Brooksnire Ridge apts(509)489-04
9E o29a ~ is, incmaing SEPA heart or life she touched along for 20 ears. She enjoyed boat- ~ 061012 Apts 15091483-812
~ Was born on Au ust 15, 1914 9611 E. S u • appea~, m~Y be taken pursuam ro her way, A Graveslde Service ing an coastal cNises with her g E. f rsigE 928-46~ P~iO"al requires 3+ 80 Gare~, • LaCasa Ap~ (509482-2090
Hq 96•0171. StD11 reppts and tiles will be held on Friday, April 5, sons and her husband. A to Aaron and Hilda Clark in 9411 1811 E. Spra ue 53a-6734 Natn side, wll 4643§81. Share very clean housc near dwnhun
Wiit 8enerany be avadaDle far 2002 at 2 p.m, at Greenwood Memonal Service will be heW wallace, Idaho, Helen had two Protect ar Ri 0075e4 ~chrm:50•60cofaNchh+linens ONLY $400
uispectan 7 da belore Ihe heann , hts Today
h«ndmicro 515wk up 326-6082
wrekuteys trom ~30 • 5:00,1026 u~. Memorial Terrace, 211 N. Gov- Thursday, April 4, 2002 at brothers, Chades and f3illy, who St~teNne Id~~o ue-m•1217 P 09
Hroaowey, lst tbor Division or emmentWay,Spokane,WA.In 4,00 p.m. at the Episcopal Preceded her death, and one 022725 127ppppEpTyW~ 351fi MOVES YOU IN!
Plannirtg. duestqns Or SpeCi01 nCeCi lieu ot flowers, memonal contri• Cathedral of St. John the Evan- sister, Mary Eyerman of FaA• L~KyO Bus~seo,W290~ v~ met e lAdut~213 ~sce~k lsam~ No ~p b616 N. ADDISON
hrook, CA. She is survived b Looki~ tobuynicelotaacreagetoWt 's avail. Gose ro ali
-)ay be directed to 5091417•7200, butions may be sent lo Hospice gelist, Grand Blvd and 12th Y gofng io work at the Yalkry Mall. Had „0Dile home on. Prefer Greenxres a E240+1l4 utiis.6 M. lse. a6G•1 53 t narm Y-
PRc 7208 a]220. Copies can De of S kane, PO 8oz 2215, Ave.; Reverend Jane Nelson• daughter and son•in-iaw, Mary a blue nawered shin, jeans, hoas, 042ra7 s i needs. New carpet, vit
oniamed at ~ Otis Orchard ama. Wiil consider an
~0Capy~~' ~'n , WA 99210-2215. Low officiatin Interment will and David Johnson of Spokane, dark Curty Halr. Please Respond ,~~,abie iuW. 509-226•0292 Y app s, ~painL Our appiicaut
nohce Is to rrtform ir~erested rties Spokane WA; SiSter•in•18w, Hath n Bams, PO Box 2011, 8oteman, Mf ~ n6sats DUPLEXES are atways FREE and approved sa
ahout the heanng and ro Invi~e aal HEffITAGE FUNERAL HOME be privateat RtverSide Memorial ry59771 208 FORREM day. Call toda to seeyour ne~, z
a~,n wrnten cesnmony at me neanng. is in charge of arrangements. Park. Memarial coniributions ~+'den of Seattle, WA; brother• o i e1 o0 132 MpgllE NOMES- (5~)489"4303
wntten canments are xceptea prior 0413ee may be made to St. francis in•law, Allen (A.T. "T(z") Miller, I lound m Mr. Right!! 5A,~y~hp Af@8 Wld@
m tne t~eann . Send written com- BRAUN , awaa Doroth. livin in Kaneohe, HI, and Sa now I am se~in m transterabk
men~ m s 26 W. Ca, Planning Y M. 93) • Service Guild at the Cathedral of g dating service memnt . wonaer~
Drvawn CEDAR
, , S Passed , St. John, 127 E. 12th, numerous cousins, nieces and p..
~e~e ~zbo-oz2o, a~,aen ~ 2002 at a cre on facility in March Spo 30• Spokane. WA 99204 nephews. Helen lived a tull and ~9p9°a89~ 1015 '"q°"'~ °"lY * w o Poei~~ao H s~ SPOKANE4RENT.COM MEADOW'
dau STRATEGlGALLY LOCATED
# a StaN Cantacf). SR2946 kane. DOrothy H. Braun the NENNESSEY-SMfTH ~PAY life making hiands wher• o»4u ~p~L ANYTiME a68~2728 dlr NOATHEAST
016091 ever she was. She lived in S~H 0409e5 E. 2115 Coiumba, 2 bdrm..... ba95 t+ 2 bdrm apartmen~ wim tove
NOTICE ~ter Katherine of H en Elizabet ~j Peter Schoessler and 2203 N. FUNERAL HOME DIVISION BfEm@rtOn, WA whilP her first Please tome home. love, K 0 yyE PAY SPOT CASH FOR ■ SOUTHWEST Darking and fireQlaces. Cluse 06093tl husband, Reno Pastore, worked 009667 Northpointe Shappin center NOTICE IS NEREBY GIVEN THAT.ON Braun was bom December 20, USED MOBiLE HOMES W. 2906 6th, 2 bdrtn.........., 5325 Whitworm CaI
CURT CHUMBLEY HOM£S YAlCE1' ege ovejr, ia
THE 9TH DAY OF pPRll 2042 A1 1908 at Ritzville. She attended at the naval 6hipY2~fCS. AfIBf hi5 PERSONTO PERSON (509) 244-6962 N. 1214 $toul, 2 bdrm $465 ~~ngoffered. CaTI nOw they're gc
2:00 PM A PU81IC AUCTION wlll Ritnrille Schoals and later went untimely death, hielen retumed ~ O 164118 WATSON MANAGEMENT ~ t~9~~'~'`M95. 8909N Co
BE HEId FOR THE PURPOSE OF to S ka0e where sne merried IAURIE BARNES 2127 N. MONROE 325•2127
SATI$FYING A LANDlORDS to BuSinesS College in Portland, Fredenck Gale Miller ;n October Pleasegive me e call. Tom Brown 134 MANUFACTUREQ~ oaaoay SPRIKG ON IN!
LIEN ON TME CANTENTS OF (4) Oregon. She worked as a book- 1945. Helen and F ei lived for 059510 MOBIIEHOME LDiS NOYth@88t to your new 1 a 2 bdrm. apt no
STOR4GE UNIT, AT THE U•HAUL kfepef in Portland until th8 19 We havea swimming I, BH(j a
CENTER OF MIDTOWN 21 w early 1940's when she moved years at Cabinet Gorge Dam uret cou ard near ~nmmworfn THiRD, SPOKANE WA. tHt GOODS in Clark Fork, Idaho where Fred 31 i~CKETS SUNDANCE MEADOWS ~ Q~ .~?Y
TO Bf SOLD ARE GENERALLY OE• to $an Francisco, CA. where she , New pevebpment lotated at 10400 LUXURY DUPLEx Wanaemiere normpointe shapping, ~
SCRIBED AS HOUSEHOLD ITEMS, wOrkEd BS 3n OffICe RI2n8 2f fOr was employed by lhashington golf, MeaO $thools, ~ quality ranch moves you in. Call ta d~l~
B N. Nine Mile Rd. across the street
FURNIIURE AND CIDTHING. a company that sold equipment Water Power. They moved baCk • MARINERS o ~ Sundance Golf Course. Beautibl ~e. 2 bdmV2 ba, wr gar gas 466-2818 539 E. Hawthome P
to to Spokane in 1973 when Fred • SONICS 0 ALL EVENTS • new Moduline Quali Manufactured ~t, frpk, full bsmt yard wre, t. 30
utiG
in ry com nies. She retired ry uNiT rs z~i a Zob ~ • retired. Helen had s happy life 509-448-1028 Homes Adult Gated Cammunity, HastingsRd.$l,oob~. a~ ~ 0~5; 1 nr, roo~, ~~"tP~
AMYCOX 1973 and moved back to the • ga
!814 N N9RMANDIE Pacifit Nodhwest living in $eat• fn Sp0kane beinq ery inv0lvEd 1, 134 to 1.)82
VISWMG~ISCOVERlAMEX landsca. Fro ftm f9 .,9dbi 00 2 BDR uMumished Ouplex, gas heat, 2 br, close to campus........
SPOKANE WA 99205 ile, Deer Park and in Spokane. in Manito Unitetv Methodist ~,nwUckMs.com Pe0 c{ean ca t, hesh paint, ca W~D 4 3 6drtn Cdrm, ! 2 1/2 bath, ba new, townhgas
E139,50Q. Now acupting bt reser• q, oux Church and was e ~ry 3Ctlv8 oSOtoo hkup, 1u l fin. besement 50 rtlo.
She was preceded in death by vatia,s. Mike Graham, 466•6163. B28 E Rakwell. Catt for appantment 466•7650, 624•7541, 49~j
6088IE ROBiNSON ~ her parertt5 and Dy 6ve brothers member of Hope Rehekkah PLESE REALTY, LLC 489•2323 pem Masun nt 4870211 eues 'e"
124 S MONROE M6 and three sisters. Survrvins are Lodge and Eastem Star Lodge Tp~~C~~ 201 W. FRANCiS ~ 17505 11612e LOCATIDN, LOCATION
188. Fred died ir. .995 after
SPOKANE WA 99204 5R2891 h2r btOth215, Aaron G. Braun of R~~ ~~o clasailifIcation 947 E. Indiana. GU. area. Spacaus 2 yyalk to Franklin Park Holy Hu;i
dep. ear lease.
D758~ 1 nearly 50 years of marriage and QDUPLEKES WR SALE bdrm. Sa5 + E30o 1' . Beautitul ~1 btlrm
~ua'
Ritzvifle and Howard P, Braun HANSHAW, Robrrt (Age 64) • Helen remained acti~e. After an FLY CAast la Coast most US tities. V Na pets.2R.H. COOHE, 327•71a0 on bus line
L06 DECK SAIE AT of Deer Park; and numerous Funeral Services will be held on 06307 i s~e W~ne~ & erYer Ca~ort
RiYERS(DE ST~TE PARK and nephews, Graveside W~~~y, Apfil 3, 2002 at iIlness and a shorl r.ospitalixa- Lv Todey. $325 624•2 ~ba9q4 vALLEY DUPLEIC Newer 28R, s heat, WD hk gfde Call 489-1185 fur mae a' ~~i
Funeral Services and Vault In• 10;00 AM at the Faothills tion in December 2000, Helen FOR SALE BY OWNER z side, Sa~Simo. + aep. 2~508 E
~ terment will be held on Thurs- ~ moved to Spokane Valley Good Readr to rent compIetely redone Rowan, 468J771 t100 Off lst Mo~h R
rne wasnin on Stare Parks ana Cha I of the Church af Jesus Samaritan Village in Green- ~ee at 7308110 E 6th 07075 1~~ l~ aa. $355. Lrg 1~^
Recreatroa Commission a aaepting day, Rpril 4, 2002 at 1 p,m, ai Christ of Latter•day Saints, www.eastplaza.coMus~wa NO~thWBEt 2 bd. b475. Rr~encyA t,
nw sep+nte ad proposa~ ra pur• the Ri~ville Memorial Ceme• 5322 N. Evergreen. Rabert, a~~~ Wa where she was heing 1509i 226-0242 b115K G`+
cnase d Groves, Apt. 24CaUJimlags aecked at ORV ana teryDANEKAS FUNERAL lifelon6 resident o( Spokane, cared for when she went home 06/526
9-mik aiea d Riuerside State Park. HOME, RITNILLE, WA i5 in to be with the Lord. Funeral WANTED! S.Nill•Roosevell School Dist LURURY DUPLEI(ES DEIUXE 2 BORM
Please contact lack HaAt at Me pa55ed way on Fnday, March ~Nic~ wi(I 6e Wednesday, Wonderiul wellkept 2-4 unit income INDIAN TRAIL RD. AREA
dlowin~adaress a ey teinone at charge of funeral arrangements. 29, 2002. Upon graduation April 3, 2002 at L•~0 P,M. at ~p ~CH~ p~~ b800 to S925Jma. Great 2 bd, 2 ta nanes w~r (509) a 5•5064 ro recerve id pack• The family suggests that memo- from West Val(ey High School in 0666] ] dining ~m,gar. w!opene~ a mtamatbn. Bid cen rial contnbutions be made to the 1955, he served in the Naval the Chapel MFlowers, RIPLIN• 2&3bd, z ba, dbl gar w! storage, Stwptburg. 484•1368. N)a~so be pickcd uP at ~State lii9 GER FUNERIlL HOME 4305 140 C~D~~~ hpk, alc, decks/patbs ~ncd
Park. Bids will be ecteplep uMil 4:00 Ritzville lions Club, Legion Re- Resenre while he began a career ' FOR SAIF
o a~a i9.zoo2. 1 N. DIVISION witn Rev. David aryucits+ydcare paia, S 50o~s;t
m n modeli Prt CJO of Jim fo► P~inc Nortn est te►e- * 1809 E U fIYeP Dr
Thonn officiating, Interment to MT required,u uni~. Q
Leffel, O1 west Broadwa , hone & Tel ra COm SPOKANE COMDO Na ~a ~ a p~qgorgeous ~,p.,, ,
Washmgron S1a1e Parks and Ritz~rille, WA 99169. ~ y p ~ ~rn Follow at Riverslde Merrarial 50 FINAIICIAIHqP Mt wew, fop }toor wl ex6anded Mlt. Cali 468•26611467 ndrystorage509-48; .
Ra,~t,on Comm~sn,~ that began m 9 6 and lasted -0946 crprt~C~
05t660 Perk. Memoriel contributions Newer carpetin , turnished, 005561
An~,;n, ,~N HaM until 2000. He stayed with the may be sent to SpoE.ane Valley REAL EST~TE LOANS 134,500. 53b~4~2! a 23&6b77 2SR i~u o„ R, 8
company for 44 years, until this otoeas DPe~ D~. ~B ,h~d~e ~0^~ mPle". 3 Ddrtn, hu~~
~~t~am?nt Good 5amantan JiLige WsIxlDryet, Nosmknq, ra pets. bd. ~D~, new construction ai~
1 ~ ~ „ ; , . - ~ E;,r • ~PPIs, 8as hcaVhot waler,
466 7650, 49904,~4
I;~
S P O K A N E.'~~ O U N T Y
A DIVISInN C?F THE PUBUC WORKS DEI',al:TNlE_tiT
DIV[SION OF PLANIVING
111CHAE.L V. NFEDHAM, DIRFCT01:
MEMORANDUM
TO: Spokane County Division of Engineering & Roads; Scott Engelhard, c/o Sandy
Kimball
Spokane County Division of Engineering & Roads; John Hohman
Spokane County Division of Utilities; Jim Red
Spokane County Stormwater Utility; Brenda Sims
Spokane County Division of Building & Code Enforcement: Jeff Fon-~,.
Spokane Regional Health District; Steve Holderby
Spokane County Air Pollution Control Authority (SCAPCA ;
Spokane County Fire District No. 1
Spokane County Water District No. 3
City of Spokane Construction Services
City of Spokane Planni.ng
City of Spokane Water & Hydro Services
City of Spokane Transportation Services
Washington State Dept. of Transportation
FROM: Jason Langbehii. Associite I'lmirier
DATE: March 20, 200 2
SUBJECT: Review and comments for the hearing on April 17, 2002
FILE NO: VE-02-02
BRIEF DESCRIPTION: Variance request to allow construction of a cement
storage silo with a maximum building height of 79 feet, whereas Section
14.632.335 of the Spokane County Zoning Code requires structures to not
exceed 40 feet in height.
PARCEL NO: 3 5131.1201
APPLICANT: Tim Martin, 1312 N. Thierman St., Spokane, WA 99212
Note that the application and maps were previously circulated to your agency.
Please review and return any comments to me by Apri13, 2002
Attachments: Notice of Public Hearing
10-26 W. BROADwAY • SrolCAtir_, W.aSH1NG'TON 99260-0220
PHONE: (509) 477-7200 • FAX: (509) 477-2243 9 TDD: (509) 477-7133
~
PUBLIC NOTICE PACKET
ACKNOWLEDGMENT
I picked up the Public Notice information regarding Division of Planning File No. VE-02-02 on
this-,~Jj day of March, 2002. The public hearing is scheduled for April 17, 2002.
I acknowledge the following information is included in the packet that I received.
Public Hearing Notice Instructions
Memo to Title Company
Title Company and Applicant Certification
Assessor's Maps with 400' Boundary
Notice of Public Hearing/Vicinity Map(/Site Plan)
(Mail out a113 pages)
Memo to Mortgage Holder/Lender
(I acknowledge I must fill one out for each property affected by a mortgage)
Affidavit of Mailing
c, q ph~,:-h ,Vj
Note: Legal notice must be provided per attached instructions no later than:
April 1, 2002
The above completed information and eYhibits shall be returned to the Division of Planning
at least 2 days prior to the Public Hearing scheduled for April 17, 2002.
PRINTED NAME: I1 /Y~ 0• f r► I'~ DATE:
SIGNATURE:
~ r~S ECRETARY NAME:
~Ij
j7/~4-024
SIGNATURE: -
NOTICE OF PUBLIC HEARING
SPOKANE COUNTY HEARING EXAMINER
TO: All interested persons, and owners/taxpayers within 400 feet
YOU ARE HEREBY NOTIFIED THAT A PUBLIC HEARING WILL BE HELD ON THE
LAND USE APPLICATION LISTED BELOW, AS FOLLOWS:
Application: VE-02-02; Variance request to allow construction of a cement storage silo with a
maximum building height of 79 feet, whereas Section 14.632.335 of the Spokane County Zoning Code
requires structures to not exceed 40 feet in height.
Parcel No: 35131.1201
Hearing Date and Time: April 17, 2002 at 9:00 am
Place: Commissioners Assembly Room, Lower Level, Spokane County Public Works Building, 1026
West Broadway, Spokane, Washington.
Owner: Ash Grove Cement Company, 8900 Indian Creek Parkway, Ste 600, Overland Park, KS 66225
Applicant: Tim Martin, 1312 N. Thierman St., Spokane, WA 99212
Address and Location: Generally located east of and adjacent to the intersection of Sharp Ave. and
Thierman St. in the NE '/4 of Section 13, Township 25N, Range 43 EWM. The site address is 1312 N.
Thierman St.
Comprehensive Plan: Heavy Industrial
Existing Zoning: Light Industrial (I-2)
Related Permits: In order for the project to be developed as proposed, additional permits must be
obtained as required by other local, state and federal agencies.
Division of Planning Staff: Jason Langbehn, Associate Planner, (509) 477-7196
HEARING EXAMINER PROCEDURES
Heariog Process and Appeals: The hearing will be conducted under the rules of procedure adopted in
Spokane County Resolution No. 96-0294. All interested persons may testify at the public hearing, and
may submit written comments and documents before or at the hearing. The Hearing Examiner may limit
the time given to speakers. A speaker representing each side of the issue is encouraged. Any appeal of
the Hearing Examiner's decision will be based on the record established before the Hearing Examiner,
pursuant to County Resolution Nos. 96-0171. Environmental appeals will follow the same procedural
route as the underlying action. All hearings will be conducted in facilities that are accessible to persons
with physical disabilities.
Inspection of File, Copies of Documents: A Staff Report will generally be available for inspection
seven days before the hearing. The Staff Report and application file may be inspected at the Spokane
County Division of Planning, 15` Floor Permit Center, Public Works Building, 1026 W. Broadway,
Spokane, WA 99260-0220, between 8:30 a.m. and 5:00 p.m., weekdays, M-F, except holidays. Copies
of documents will be made available for the cost of reproduction. If you have any questions or special
needs, please call the Division at (509) 477-7200. Send written comments to the Spokane County
Division of Planning, 1026 W. Broadway, Spokane, WA 99260, Attn: Jason Langbehn. Motions must
be made in writing and submitted to the Spokane County Hearing Examiner, 3`d Floor, Public Works
Building, 1026 W. Broadway, Spokane, WA 99260-0245.
~
TECHNICAL REVIEW SUMMARY
1 . ~ FOR VE-2-02
SP01W,jE VOLN1 1 SPOKANE COUNTY DIVISION OF PLANNING `
Technical Review Meeting Date: March 7, 2002 Time: 2:15 p.m.
Location: Spokane County Public Works Building, 1026 W. Broadway, 15` Floor Conference Room
Project Planner: Jason Langbehn, Associate Planner File VE-2-02
Project Description: Variance request to allow the construction of a cement storage silo with a
maximum building height of 79 feet, whereas Section 14.632.335 of the Spokane County Zoning
Code requires structures to not exceed 40 feet in height.
Owner: Ash Grove Cement Company, 8900 Indian Creek Parkway, Suite 200, Overland Park, KS 66225
Applicant: Tim Martin, 1312 N. Thierman, Spokane, WA 99212
Date Accepted (Complete): February 12, 2002
The following is a list of comments and/or conditions received from reviewing agencies:
Spokane County:
A Division of Planning Comments attached: Dated 3r61-*NzO # of pages ~
in Division of Utilities
1% Information Management Comments attached: Dated 3-N,-2zo2- # of pages i
TS Stormwater Comments attached: Dated 2•Z~ -~Z # of pages I
~ Division of Engineering and Roads
0 Drainage Comments attached: Dated # of pages
40 Transportation Comments attached: Dated 3•01-Zaoz # of pages ~
Other Agencies:
jpm•t~ # of pages 1
12 Regional Health District Comments attached: Dated z
51 Fire District # 1 Comments attached: Dated 2-&_~ # of pages
0 Department of Transportation Comments attached: Dated # of pages
O West Valley School District No. 363 Comments attached: Dated # of pages
O Spokane County Water District #3 Comments attached: Dated # of pages
0 Spokane Airport Board - Felts Field Comments attached: Dated # of pages
0 Building & Code Enforcement Comments attached: Dated # of pages
O (SCAPCA) Comments attached: Dated # of pages
Date: March 7, 2002 Signature: ZOOOL I
TECHNICAL REVIEW MEETINt.7
Spokane County Division of Planning
~
Date: March 7, 2002 @ 2:15 p.m.
Division Contact: Jason Langbehn, Associate Planner
File VE-2-02
Action: Variance request to allow the construction of a cement storage silo with a
maximum building height of 79 feet, whereas Section 14.632.335 of the Spokane
County Zoning Code requires structures to not exceed 40 feet in height.
Project Location: Generally located east of and adjacent to the intersection of Sharp Ave. and Thierman
St. in the NE '/4 of Section 13, Township 25 N., Range 43 E.W.M. The site address is
1312 N. Thierman St.
TAX PARCEL #(s): 35131.1201
REVIEW AUTHORITY: Spokane County Public Works Department
Division of Planning
1026 West Broadway Avenue
Spokane, WA 99260
Phone: (509) 477-7196 Fax: (509) 477-2243
Division Contact: Jason Langbehn
~
Date Issued:3-7-2002 Signature: Z;L
5A,'
I
A
S P O K A N E~ O U N T Y
A DIvISION t-*'THE PUBLIC WORKS UEI'ARTNtEtiT
DIVISION OF PLANN[NG
MICHAEL V. NEEDHAM, DIRECTOR
MEMORANDUM
TO: Spokane County Division of Engineering and Roads; Scott Engelhard
Spokane County Development Engineering Services; John Hohman
Spokane County Division of Utilities; Jim Red
Spokane County Stormwater Utility; Brenda Sims
Spokane Regional Health District; Steve Holderby
Spokane County Fire Protection District No. 1
Spokane County Division of Building & Code Enforcement; Jeff Forry
West Valley School District #363
Spokane County Water District #3
Spokane County Air Pollution Control Authority (SCAPCA) I
Washington State Department of Transportation; Greg Figg
Spokane Airport Board - Felts Field
FROM: Jason Langbehn, Associate Planner
DATE: February 15, 2002
RE: VE-2-02; A Variance request to allow construction of a cement storage silo with
a maximum building height of 79 feet, whereas Section 14.632.335 of the
Spokane County Zoning Code requires structures to not exceed 40 feet in height.
TECHNICAL REVIEW MEETING
March 7, 2002 0- 2:15 p.m.
PUBLIC WORKS BUILDING CONFERENCE ROOM 2C
Please review the above application and use the attached TECHNICAL REVIEW MEETING FORM for
your comments. The Division of Planning encourages you to attend this meeting. The sponsor
and representative have also been invited to attend this meeting. If you cannot attend the
meeting, please forward three (3) copies of your review comments on the attached form to me
prior to the meeting. The attached TECHNICAL REVIEW FORMS will be given to the sponsor at the
meeting and included in the Division of Planning file for this proposal. Thank you for your
cooperation. If you have any questions about the application, please contact me at 477-7196.
Attachments: Technical Review Form, Application, Site Plan, Vicinity Map
copy w/o attachments to:
Ash Grove Cement Company, 8900 Indian Creek Parkway, Suite 600, Overland Park, KS 66225
Tim Martin, 1312 N. Thierman, Spokane, WA 99212
1026 W. BROADWAY • SPOKANE, WASHINGTON 99260-0220
PHONE: (509) 477-7200 9 FAX: (509) 477-2243 • TDD: (509) 477-7133
Spokane County
Division of Planning
Technical Review Meeting
Meeting Date and Time: March 7, 2002 @ 2:15 p.m.
Project File No.: VE-2-02
Project Location: Generally located east of and adjacent to the
intersection of Sharp Ave. and Thierman St. in the NE
'/4 of Section 13, Township 25 N., Range 43 E.W.M.
The site address is 1312 N. Thierman St.
Comprehensive Plan: Heavy Industrial
Zone: Light Industrial (I-2)
Project Description: A Variance request to allow construction of a cement
storage silo with a maximum building height of 79
feet, whereas Section 14.632.335 of the Spokane
County Zoning Code requires structures to not
exceed 40 feet in height.
Parcel No(s): 35131.1201
Applicant(s): Tim Martin
1312 N. Thierman St.
Spokane, WA 99212
(509) 928-4343
~
Project Planner: Jason Langbehn, Associate Planner
TECHNICAL REVIEW MEETING
SPOKANE COUNTY DIVISION OF PLANNING
Date:
Department:
Department Contact Person:
Action: A Variance request to allow construction of a cement storage silo with a
maximum building height of 79 feet, whereas Section 14.632.335 of the Spokane
County Zoning Code requires structures to not exceed 40 feet in height.
File Number VE-2-02
Technical Review Meeting: March 7, 2002 @ 2:15 p.m.
Note:
The following information is to provide the proposal sponsor with primary agency comments to
assist the sponsor and aid the processing of public hearing items heard before the Hearing
Examiner. The following information does not provide a complete or binding final review of the
proposal. The function of this meeting is to provide a preliminary review of the application. This
will provide a forum for the sponsor and other departments of what to expect as standard
development conditions and design recommendations.
The comments received are based on a preliminary review of the application form and site plan
by the Departments and Agencies which have been circulated the information (not all
agencies/departments have been contacted--only those who have been determined to have
primary interest.
1. a. Does the application (or can the developmellt) meet tlle minimum procedural
submission requirements? YES NO
b. If no, what is lacking'?
c. Public Hearing Schedule: Hearings before the Hearing Examiner are scheduled
upon determination that the application is complete. Items will be scheduled for the
first available public hearing.
2. After a preliminary review of the application what "Conditions of Approval" would be
required of the development? (Attach conditions if necessary)
~
FILE NO: VE-03-02
DECLARATION OF MAILING
I, Jody Fisher, under penalty of perjury of the laws of the State of Washington, do hereby
declare:
~
I am a citizen of the United States of America and over the age of 18 years.
On the 14th day of February 2002, I caused to be deposited in the United States mail at
Spokane, Washington, with correct United States postage affixed, a true and correct copy of
NOTICE OF APPLICATION, a copy of which is attached hereto and incorporated herein by
reference, to the recorded real property owners and/or taxpayers as shown on the Spokane
County Assessor's records as of February 7, 2002, who have been found to own or pay taxes on
property adjacent to the applicant's/agent's owned, controlled or under-option property, and
additionally parcels adjacent to any private access easement road. The notices were addressed to
those individuals and sent to those addresses indicated on the attached list, incorporated herein
by reference.
Dated at Spokane, Washington, this 14th day of February, 2002.
k~Jooddy Fisher
HD-DECI.ARATIUN OF MLG h1STR
~
l ~ NOTICE OF APPLICATION
- TYPE II
„
VE-2-02
2, 1 4's
AD oo Rik DIVISION OF PIANNING
SPOKA~ COUI~TY
~
This Notice of Application is being provided to affected agencies and owners/taxpayers
of property located within 400 feet of a proposed land use application received by the
Spokane County Division of Planning. This notice is to advise you that the land use
application may affect you and to invite your comments on the project. Written
comments may be submitted by any person regarding this project. All comments
received by March 1, 2002 will be considered by the project planner prior to preparation
of a staff report. Comments will continue to be welcomed up through the public hearing.
The project file may be examined between 8:30 a.m. and 5:00 p.m. Monday through
Friday, except holidays, in the Planning Division of the Public Works Building, 1 S` Floor
Permit Center West, 1026 West Broadway, Spokane, Washington. If you have
questions, you may call the project planner at the phone number identified at the end of
this notice. Please reference the PROJECT FILE NUMBER(S) in all your
communications.
PROJECT FILE NUMBER(S): VE-2-02
OWNER: Ash Grove Cement Company
8900 Indian Creek Parkway, Suite 600
Overland Park, KS 66225
APPLICANT: Tim Martin
1312 N. Thierman St.
Spokane, WA 99212
(509) 928-4343
PROJECT DESCRIPTION: A Variance request to allow construction of a cement
storage silo with a maximum building height of 79 feet, whereas Section 14.632.335 of
the Spokane County Zoning Code requires structures to not exceed 40 feet in height.
PROJECT LOCATION: Generally located east of and adjacent to the intersection of
Sharp Ave. and Thierman St. in the NE '/4 of Section 13, Township 25 N., Range 43
E.W.M. The site address is 1312 N. Thierman St.
TAX PARCEL 35131.1201
DATE APPLICATION SUBMITTED: February 12, 2002
DATE APPLICATION ACCEPTED (Complete): February 12, 2002
Type 11 Ntc. of Application Page I of 2
COMPREHENSIVE PLAN DESIGNATION: Heavy Industrial
EXISTING ZONING: Light Industrial (I-2)
ADDITIONAL PERMITS: In order for the project to be developed as proposed,
additional permits must be obtained as required by other local, state and federal
agencies.
ADDITIONAL STUDIES REQUESTED: No additional studied were requested.
ENVIRONMENTAL DOCUMENTS: This proposal is exempt from the requirements of
the State Environmental Policy Act (SEPA).
DEVELOPMENT REGULATIONS: The proposed project shall comply with the
regulations and development standards identified in the Spokane County Zoning Code,
Spokane County Subdivision Ordinance, Spokane County Critical Areas Ordinance,
Uniform Building Code, Spokane County Standards for Road and Sewer Construction,
Spokane County Guidelines for Stormwater Management and the regulations of the
Spokane Regional Health District.
ACTION: This project is subject to a future public hearing. You will be receiving a Notice
of Hearing, which will be issued a minimum of fifteen (15) days prior to the public
hearing. A written report, including a staff analysis of the project and recommendation of
decision, will be available for inspection seven (7) calendar days prior to the public
hearing. Participation in the public hearing is encouraged. A copy of the Notice of
Decision issued by the Spokane County Hearing Examiner, which identifies the findings
of fact, conclusion, decision and appeal rights will be provided to those individuals who
testify at the public hearing and will be available to all others upon request.
ATTACHMENTS: Please find an attached site plan and vicinity map for your review.
REVIEW AUTHORITY: Jason Langbehn, Associate Planner
Spokane County Division of Planning
1026 West Broadway Avenue
Spokane, Washington 99260-0050
(509) 477-7196 Fax: (509) 477-2243
Date Issued: February 15, 002 Date Mailed: February 15, 2002
Signature: /,1 Type 11 Ntc. of Application Page 2 of 2
r
DETERMINATION OF COMPLETENE5S
SPOKANE COUNTY PUBLIC WORKS DEPARTMENT
As per the Admimstrative Rules to unplement ESHB 1724
Spokane County Board of Commissioners Resolutaon No 1-0700, as amended
FILE NUMBER VE-2-02
PERNIIT APPLICATION DESCRIPTION A Vanance request to allow
construction of a cement storage silo with a maxunum building height of 79
feet, whereas Section 14 632 335 of the Spokane County Zotung Code requires structures
to not exceed 40 feet m height
APPLICATION TYPE TYPE II
APPLICANT Tim Martm
ADDRESS 1312 N Thierman, Spokane, WA 99212
PHONE (509) 928-4343
DATE OF SUBNIISSION OF APPLICATION INFORMATION 2-12-2002
YOUR APPLICATION IS
19 Complete
The required components of an apphcation are preseot and are judged by the review
authonty to be sufficiently professionally and technically accurate to allow the processmg
of the application All fees have been paid This ts your Deteraunabon of Completeness
Since your apphcatioo is judged complete, the following is a prelimmary determination of
consisteocy
(a) Type of Icmd use The applicant has proposed construction of a cement storage siio
(b) Level of development The srte is currently developed and utilized as a cement
distnbution terminal
(c) Infrastructure Necessary public services have sufficient and available
capacity to serve the subject properiy
(d) Character of development
(i) Numerical or other quantifiable performance standards The applicant is
requestuig a variance to the maximum height requvements of the Light
Industrial (I-Z) zone or 40 feet
(ii) Promotes arnd does not substantrally conflict with narratrve standards
The proposed Variance does not substantially conflict with the narrative
standards of the Spokane County Zonmg Code or the Goals and Policies of
the Heavy Industnal category of the Comprehensive Plan
(rii) Includes preparation completion and approval of requrred studies,
plans or determr»ations A Variance Burden of Proof Form and complete
site plan was submitted with the application on February 12, 2002
(iv) Methods of determming complrance to ensure that mrtigation measures
will be accomplr.shed if approved, the proposal will be subject to
specific conditions wluch may include methods to determme
compliance and assure impact mrtigation will be accomplished
REVIEW AUTHORITY Spokane County Public Works Deparlment
Division of Planning
1026 West Broadway Avenue
Spokane, WA 99260
Phoae (509) 477-7196 Fax (509) 477-2243
Dmsion Contact Jason Langbehn, Associate Planner
Date Issued 2- I 5-2002 Signature ele lolu
-NTITI.E CC7MPANY CERTIFICATIQI~T ~ _ 7`~
APPI,ICAN1' C'F,R'I'TFICATI0?1,
7 ITLE COMPANY CERTIFICATI4N
I do hereby c ertify that the following list of names and addresses, consisting of
the attached pages, l.as been prepared from the Spokane County Assessor's or
Treasurer's most cu: 'rent computer records, is to the best of my knowledge correct,
and is current withi i thirty (30) days of today's date.
I also certify I have provided loan numbers, if possible, wheri the ownet- is lisr.ed
as a finance comp y.
tSigned by: Date: 4
.
For:
(Title Company)
APPLICANT CERTIFICATION
I, the applicant or agent for the applicant, have verified the attached ownership
' ist with the attach ed Assessor's map(s) and find that all tax parcel numbers within 400
i . eet of the project ►ite, including owned or optioned land as shown on the Assessor's
map(s) have been ) isted by the Title Company.
Signed bY.
Date:
Printed Name:
File No.: v~ -2. -o~
.'RPQKANE Cp~JNYV
EB ' 2 2O0yi
Dl1/iSlON UF PLANhl1NG
ZONE CHANGE Wednesday, Pebruary• 06, 2003
Parce! Taxpayer Info. Owner Info. Site Addresc
3513101201 ASH GROVE CEMENT COMPANY ASH GROVE CEMENT COMPANY
6720 SW MACADAM AVE #300 6720 SW MACADAM AVE APT 300 1312 N THIERMAN RD
PORTLAN OR 97219-2370 PORTLAND OR 97219
35131.1202 NIMRI, HANI S NIMRI, HANI S
PO BOX 3063 1814 S EARLY DAW N DR 1106 N THIERMAN RD
SPOKANE WA 99220-3063 VERADALE WA 99037-9435
35131.1203 BLACKDOG I, LLC BLACKDOG I, LLC
421 W RIVERSIDE AVE 00416 421 W RIVERSIDE AVE #515 1017 N BRADLEY RD
SPOKANE WA 99201 SPOKANE WA 99201-0402
35131.1204 HUGHES SUPPLY INC CAROLINA PUMP 8 SUPPLY CORP
ATTN: PROPERTY TAX 20 N ORANGE AVE STE 200 1215 N BRADLEY RD
ORLANDO FL 32802 ORLANDO FL 32801-4604
35131.1205 NACO 2 INC tvAco 2, Itvc
1309 N BRADLEY RD 1309 N BRADLEY RD 1309 N BRADLEY RD
SPOKANE WA 99212-1193 SPOKANE WA 99212-1193
35131.1206 COPELAND, RICHARD M COPELAND,R 8 M/ALBRIGHT,J 8 B
1234 FRANCIS AVE 36 4217 N MARINGO DR 0 ADDRESS UNKNOWN
CLARKST WA 99403-2468 SPOKANE WA 99212-1865
35131.1208 BNSF RAILROAD BURLINGTON NORTHERN RAILROAD
PO BOX 961089 PO BOX 961089 0 VACANT LAND
FORT WO TX 76161-0089 FORT WORTH TX 76161-0089
35131.9063 BARTELLS E J CO FERGUSON, HUGH S 8 JANE A
PO BOX4160 PO BOX 997 1206 N THIERMAN RD
RENTON WA 98057-4160 RENTON WA 98057-0997
35131.9084 GWC PROPERTIES, INC QUADRA CHEMICALS WESTERN, INC
808 SW 15TH AVE 1300 SW 5TH AVE #2300 0 ADDRESS UNKNOWN
PORTLAN OR 97205 PORTLAND OR 97201
35131.9085 GWC PROPERTIES, INC QUADRA CHEMICALS WESTERN, INC
808 SW 15TH AVE 1300 SW 5TH AVE #2300 1402 N THIERMAN RD
PORTLAN OR 97205 PORTLAND OR 97201
35132.0102 GRAY, STEVEN G 8 PAMELA R GRAY, STEVEN G 8 PAMELA R
7404 E INDIANA AVE 7404 E INDIANA AVE 1321 N THIERMAN RD
SPOKANE WA 99212-1234 SPOKANE WA 99212-1234
35132.0106 BAGBY III, GEORGE W 8 CARLA BAGBY III, GEORGE W S CARLA B
107 S HOWARD #600 107 S HOWARD ST 600 1507 N THIERMAN RD
SPOKANE WA 99204 SPOKANE WA 99201-3818
SPOKRAENF ICOUNTY
FE8 12 2007 Page 1 of 2
DIVISION OF PLANNING
~
Parcel Taxpayer In,,.,. Owner Info. Site Address
35132.0107 BAGBY IIi, GEORGE W& CARLA BAGBY III, GEORGE W 8 CARLA B
107 S HOWARD #600 107 S HOWARD ST 600 1419 N THIERMAN RD
SPOKANE WA 99204 SPOKANE WA 99201-3818
35132.0108 CONOCO INC CONTINENTAL OIL CO
PO BOX 1267 PO BOX 1267 6409 E SHARP AVE
PONCA CI OK 74602-1267 PONCA CITY OK 74602-1267
35132.0109 BROWN BEARING COMPANY INC BROWN BEARING COMPANY, INC
5425 E TRENT AVE 5425 E TRENT AVE 6625 E SHARP AVE
SPOKANE WA 99212-1380 SPOKANE WA 99212-1354
35132.0110 DOUGHERTY, TAB 8 DIANA R DOUGHERTY, TAB 8 DIANA R
6513 E SHARP AVE 6513 E SHARP AVE 6513 E SHARP AVE
SPOKANE WA 99212-1255 SPOKANE WA 99212-1255
35132.0701 CONOCO INC CONTINENTAL OIL
PO BOX 1267 PO BOX 1267 0 ADDRESS UNKNOWN
PONCA CI OK 74602-1267 PONCA CITY OK 74602-1267
IVED
SPnKANE C
UNTY
FEB 12 '2002
P
f_)iVISIJN C)1= Pi1~(~I(~JIN(_; ugel of?
10 *01 FaN S09 7,1? 2761 Flr,;r Amartr.qn T1 T 1p C~!il1i2
FIRST A11~IERICAN T1TLE 44
Metroscan Property Profi l e
r ~ Parcel # : 351319086 Bldg vf z Iot;il : a1,2 u`).
Owncr : Acmc Machinc Wvr es Inc. Land :$225,0t.
CoOwna : Stract - $984, F
Site : 1224 N Bradley Rd S. ookanc 99212 %Isnprvd - 81
Mail - 421 N Sycamore St S- sokane Wa 99202 Excise# :
Txq)yrNaui : Acme Machine Work ; Inc Exempt :
TxpyrAdd : 1220 N Bradley Rd S)okane Wa 99212 Typa
Xfeted : 05/0811990 boc 6913 TaxDist : West vai?(;-
Price : $155,700 Deed : WurzLty 2001 Tax S20,222.5k)
Pr Xfer : Prpoc# : IrrTax :
Pr Price : SWTax :
Land Use : 3400 Ind,Fabricata Metal Prodiuts ?axRatc :.00855617451
Lcga! ~ 13-25-43 W 300' OF CR $ SP 86-428 School :
: S: 13 T: 25N R: 43E Q: IVE
- Phvne
Nghbrhd : Owner •
Ceusus : Tract ~ 122.00 Block : 1 Tenant :
Bedrooms : Living SF : Lot Aczes : 2.07
TatlBatbs . Bldg SF : 27,110 Lot SF : 90,169
HalfBatbs : Bsmt % . I.ot Dimcns :
Fu1lBaths : asrntFin % : Garage .
Air Cond : Yes Staries : 2 Garage SF :
Heating . Attic : Dak :
HeatSonrc _ Quality : Avg Dak SF :
Fireplace : Conditivn : Good Patio :
RagfpyGn ; $1dg Mat1 ; Patio SF :
TYashComp : Stylc . Porch .
DiShwshr . RoofC',aver : Porch SF :
GarbgDisp _ RoofShape : Yaar Built : 1990
Intacom : Extiot Wall : F1oorCover :
Vacuum . Int~rior : Miscimpvl :
Ppvl : Fonndativn ~ Misclmgv2 :
TRANSFER /NFORMATION
0 *'1VFRS NAXU DAT'E DUC# PRICL DEED LOAN TYP~
-Acme Machme Wvrks Iuc. 05/0811990 6913 :$155,700 :Warrant ~ .
SPOKANE
l nlF 7Rforrnarion ts devned re!►ahlE hut is noi grruranrec'rl
FEB 12 2W ~
- DfVISION OF PLANNINU
r
FILE NO. VE-2-02
SPnK NIY
aAENE COU
AFFIDAVIT OF POSTING FEB 19 2002
pIVISION OF PLANNING
STATE OF WASHINGTON )
) ss:
COUNTY OF SPOKANE )
being first duly sworn, deposes and says:
At all times mentioned herein I was, and now am, a citizen of the United States of
America and over the age of eighteen years.
On the fh day of , 20021 I personally posted a sign(s) as
~
required in the Spokane County Subdivision/Zoning land use regulations and/or Resolution
# 1-700 at the following location(s) in Spokane County:
1.3►~. lv- lln~~~~~~ ~Kw,~ (~U. ~~~,r~,
~
Signature of Applicant or Agent
/
,
Date
Signed and sworn to before me this 1g V-4, day of
WANDA T. CLARK
NOTARY PUBLIC
STATE OF WASHINGTON
EXPIRES IANUARY 6, 2003 NOTARY PUBLIC fTI AND FOR THE STATE OF WASHINGTON
Residing at: ~•Q.~ .
/lani-o. / . C 14 r~--
My appointment expires: 010~) 101-~
(APPLICANT FILL OUT AND SIGN BEFORE A NOTARY AND RETURN TO THE
DIVISION OF PLANNING)
APPLICATION FOR PUBLIC HEARING ITEIUIS
" I
CUP'S, VARIANCES, NON-CONFORMINS USES
~ RECENED
~ T i 1 SPOKANE COUNIY
SPOI'`AN~ CAXJI'*M DIVISION OF PLANNING
FE 6 12 2002 ~
DMSION OF PLAWNINC
PROPERTY OWNER INFORMATION Property Owner(s):
-
Street Address: FC,100 Lktja~p S~ r tf
City: State: Zip Code:
Phone: (Home) ti 4 (Work) f- i'~~ ► Fax:
APPLICANT/AGENT INFORMATION
♦ Applicant/Agent: / ~ ,►r~ ~~'~c~.~f►'r~ i S ~ ~ fv~,
, 1 I
Street Address:
City: ~ /~U Kk Cte- State: WG . Zip Code:
~
Phone: (Home) -7~%-' a i 3L/ (Work) Fax: Cf3 1- S-7C 7
REQUESTED ACTIONS(SI (Indicate appropriate action):
❑ Conditional Use Permit 0 Expansion of a Nonconforming Use
Variance(s) ❑ Other (list):
PROJECT INFORMATION
• Existing use of property: ~k~~~ ~1l ~~Kk~'~Y1 ~ ~c~ P C /}f~
V
• De7ir-i, be p roposed use of the property, notina chanQe from `existinq use':
, 01) sf A t~,5-e i ~ e --LLj*,q < t1sni, ;i
• If a variance application, state the Code standard and describe the variance souQht in
co parable terms (i.e., 50 feet from centerline verses required 65 feet :~r c
d0b1
~J
• , _ Y N
If not, has one or more variances been requested: Y N
. ,
. Y N
~ .
' APPL?CATIONS FOR PUBLIC H VG ITEMS PAGE 2 Of 3
• CUP, Variance, Non-conformin4 Uses
• Size of the subject property Parcel No.(s):
. Current zoning of property: ~
• Street address of property (if known): Th~"r r
• Legal, description of property (include easement, if applicable):
~ (-A I ~i Cr , t ~ I~-\c ~ o LJgrr. L-jC w ~.~A-ec- -trtc.i VaU" lC
,
• Source of legal:
'J
• Total amount of adjoining land controlled by this owner, sponsor and/or agent: J~A
• What interest does applicant hold in the property t~:~~.~:~~r~~~•~u~r~_
NOTARY
State of Washington)
SS
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/her behalf is attached; and (3) all of the above respo ses and those on supporting
documents are made truthfully and to the edge.
. ~
Signed:
/~yv Date
WANDA T. CLARK N-44-1~ NOTARY PUBUC ~
STATE OF WASHINGTON Not ry Public in and for the Sate of Washington, residing at
EXPIRES JANUARY 6, 2003 Uc - My appointment expires D/U
BURDEN OF PROOF FORM(S) (by applicant)
It is necessary for the applicant or his/her representative to establish the reasons why the
requested action should be approved and to literally put forth the basic argument in favor of
approving the application. Accordingly, you should have been given 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 Hearing Examiner must consider. Please
complete the form and return with your application.
FOR STAFF USE ONLY
Section ~3 Township 2 s Range y Violation/Enforcement: YND
Lot, legal & add'I. ownership checked by: -~~5s~,e.s ds
Person doing preapp conf.: 7e,:,m~
Other/previou Division of Planning actions involving this property:
Us.-OMAI~
Certificate of Exemption No. Application No.
Hearing Date Various site plan dimensions check by
I
' APPLiCATIONS FOR PUBLIC H VG ITEMS PAGE 3 Of 3
' CUP, Variance, Non-conforminq Uses
SIGN-OFF BY AGENCIES
The applicant must visit each agency whose number is circled below.
d~ 1. SPOKANE REGIONAL HEALTH DIST •
. Pro osed method of water suPPI t/~~•`(i ~?/s
a P Y
b. Proposed method of sewage disposal 45;6,u4e,,~
A preliminary consult ion has been held to discuss the proposal. The applicant has been informed of
requirements and ndards. We request con ultation with the Division of Plannin : Y~ ~
~ Z~
!
Sign~ `l Dite
~ 2. WATER PURVEYOR: 6~0ViAt~e. 0A,'P.- -1~3
a. Proposed method of water supply C s ~ U~V-
b. The proposal is/ie.wst located within the boundary of our future service area.
c. The proposal is/issect located within the boundary of our current district.
d. We are/ara-+* able to serve this site with adequate water.
e. Satisfa ory arrangements have/h~tbeen made to serve this proposal.
Signature ' Date
4r 3. SEWAGE POSAL PURVEYOR: N A Pc(`
a. Proposed method of water supply
b. Proposed method of sewage disposal
A preliminary consultation has been held to discuss the proposal. The applicant has been informed of
requirements and standards.
Signature Date
~ 4. FIRE DISTRICT / FIRE MARSHALL
a. Proposed is within Fire Protection District # ~
b. Adequate arrangement have/have not been made to meet our needs in providing for an
adequate water system and f l ities for fre protection purposes
; or unable to calculate now because use is not
c. Recommended fre flow: N 7~1
definitive and will be determir(ed at building permit application time.
d. Requirements include: vc A-~ -r-H (5 rt~-kt
Signature ✓ Fire District # Date App for Public Hearir►p Ilems-4g-10-98
SP~~NE CED
OUNTY VARlANCE BURDEN OF PROOF FORM J
FEB 12 2002 Name:
DMSIQIV pFpLANjyING File Number:
A"variance" is the means by which an adjustment is made in the application of the specific regulations of
the zoning classification for a particular (the subject) piece of property. This property, because of special
circumstances applicable to it, is deprived of privileges commonly enjoyed by other properties in the
vicinity and in a similar zone classification. This adjustment remedies the difference in privileges. A
variance shall not authorize an otherwise prohibited use.
The following questions will help to determine the outcome of your request. Your request requires
accurate and complete responses. First circle either the "yes" or the "no" answer(s) following the
questions below as they apply to your situation and then explain as needed (in the space provided) to
make your unique situation clear. Certain phrases from the Zoning Code of Spokane County section on
variances are included in these questions and are underlined for convenience.
A. Will this variance permit a use which is otherwise prohibited in the zone? Yes No
Explain: ~k 1, l1U-~ ItGtG~I~ l1, \\1 I , C~r~~-n be u-s e C1 40 Cc.r\ S~~ Ci- o.
J ~
* P~ 7~ SCg-Y~ e
B. Are the special circumstances (lot size, shape, topography, location, access, surroundings, etc.)
which apply to the subject property and which may not apply to other properties in the vicinitv?
Yes No
l J, C' ('\O SOPc Cktr- Ctti+►1~, -eS
Explain: C
~
~I' ~ae; 41, n(k r" ~V-er4t'eS L r O-P 1) t'
C. Is the subject property deprived of privileqes commonly enjoyed by other properties in the uisit~~ and
in a similar zone classification? es No
Explain: i k'1
v ~
D. WII this variance be harmful to the public welfare or to other properties in the vir,initX and a similar
zone classification? Yes (~OD
i,a.~`~C' ~~~Gret1` C;s,rK v1L;~ ~ t' in(J
Explain: :Zy-le cc
v
~
`6 Or bA4( ~1-l,-V)(,e"41 C' S t`tZ +Le~J~~C'
E. Are there other similar situations in the vicinifit in a similar zone classification? Yes ~ No
Are they permitted uses? Yes CO Are they 'nonconforminq' uses? es No
1 ,
Explain: 1~1er"e e U`C,~^ ~.~IfCS ~~h i a i
~ J
F. Could the subject property be put to a reasonable and permitted use by you or another person withou-~
the requested variance? Yes No )
Explain: ~ 6 r
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'~`i v -
} ti
L j~~' Il,~-~'~-. `v.~' ~~•~C~~;- ~Yti: ; ~?.rIC17
CL
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G. If this request is granted, will the subject property be more environmentally sensitive, energy_,
conserving or will it promote the use of an historic property? es No
Explain: c C~,,Ot,%~ ( ~ ~ (In 4k-
~
;
w1 r-,
► r ~ _
J `f
H. If this variance is granted, will the broader public need or interest be served? CY'e~) Nc
Explain:
,
~
I. Will this variance be inconsistent with the purpose of the zoning which applies to the subject
property? Yes (No
z
Explain: W P 4-e-P\ u3CoS ike6r` C1114 V-t
v -
J. Will approval of this variance grant to the subject property the privileges of a different zone
classification (in order words would this be a"de facto" zone change)? Yes No)
Explain: r~~c Q Ee(\ 1C" 4co
v -
<Jr^u-
%
K. Will this variance be inconsistent with the general purpose and intent of the Comprehensive Plan?
YesjN
Explain: 0~~E'd 1l l t"~f l~~(} I\ ~ YIc~~ ~~ii i d
1
~
Is this variance required for a reasonable econamic return from the subject property or is the existi
structure too small? Yes No
' f I ,j L! ~ i Explain:
~
4-c) + ~ ; , i.~ l . ~,J \ `t , ~ti S ~ViW1 C.X `l{' Ce-r71eJji
c Jl ' -
M. Did the practical difficultv, which caused you to apply for this variance exist before you own the
subject property? . es.i No
Explain: 461:< , ~'k\ef-'
N. If approved, would this variance affect land use density regulations which exist to protect the
Rathdrum/Spokane Aquifer? Yes (aol~
Explain: u"ti( ~ 1O0k-,-` s NO~ cwec+ c"IN~ w-c i-.JL;->U
-
Attach an additional page(s) if needed. You are invited to present photographs, diagrams, maps, charts,
video tapes, etc. in support of this application.. No such additional material is required and in any case it
must be BRIEF and descriptive of issues which need to be considered in relation to this requested
variance. If you have questions about the procedure to be followed feel free to contact the Spokane Cou
nty Division of Building and Planning at 477-3675.
Variance Burden of Proof Rev. 2-99 Page 2 of 2
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PONN'ER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, tllat Asll Grove Cemeilt Compaily, a Delaware
corporation, through its duly elected and authorized officer signed below, does hereby make,
constitute and appoint Timothy J. Martin, Spokane Terminal Manager for Ash Grove Cement
Company, as its true and lawful attorney-in-fact empowered to sign on behalf of Ash Grove Cement
Company, all documents related to all state and local permits, applications, and other construction
approvals required to allow Ash Grove to proceed with construction of a expanded cement terminal
facility in Spokane, Washington, including requesting on behalf of the Company an application for
a height variance.
IN WITNESS WHEREOF, the undersigned has sic-ned on behalf of the Compatry and set its
seal this 14th day of January, 2002.
ASH GROVE CI:MENT C'O~tiIPANY
By.
Sr. j.P~,~. & Gelleral Courlsel
ATTEST;__ ~ -
/
~ .r
RECEIVED
",/(ssistant Secretarv !:~pr)KANP r',nt 1NTI-
FE ~ ~ ~ ~~02'
UIVISlON OF PLANN i Ni_
State of Kansas )
) ss
C'ountv of Johnsoii )
lil tcstimoily "'liei-eof, I llave IlcreutIto set nIv 11,111(1 <iiId ~iffitecj I11~~_~0iCi~ll ,<<11 i11 ;~li~l
county and state this 14th day of Tantiary, 2002.
0001111t9t~~,/,
~IIC jf /'~~~~~~4
/rNotary Public
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My ~`ommip 6r1Txk4: .4fpril 10, 2002
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RECENED
. ASH GROVE CEMENT COMPANY SPOKANE COUNTY
1312 N. T'HIERMAN
SPOKANE, WA. 99212 FE8 12 2002
PHONE 509-928-4343 `
FAX 509-721-8907 ()IVISIOM UF Pl-ANNIfVCU
REQUEST FOR APPROVAL FROM DMSION OF PLANNING FOR HEIGHT VARIANCE TO ADD
~
CEMENT STORAGE AT ASH GROVE CEMENT TERMIlNAL PARCEL # 35131.1201
BY
TIM MARTIN ASH GROVE CEMENT TERMINAL MANAGER
PROJECT DESCRIPTION
Ash Grove Cement Company owns and operates a cement distribution terminal in the
Burlington Northern Parkwater Industrial Park NE quarter, section 13, township 25,
range 43. This terminal has been in operation since 1971.
The function of a cement ternunal is to unload cement via rail unload, store the product in
cement silos until it can be sold to concrete ready mix plants around the region. The
shipping method out of the ternunal is via pneumatic tanker trucks.
The demand for cement around the Spokane Region has geatly increased in the past
decade due to more construction of concrete intersections as well as the highway paving
jobs that come to the region year after year.
For these reasons Ash Grove Cement is in need of more storage at it's Spokane facility.
Ash Grove proposes an additional 1000 ton storage silo in order to meet today's growing
demands for cement. The new structure will not change the current operations of this
termi.nal only to make it more efficient.
The proposed plant meets the zoning requirements for use, set backs, parking and
property size. The only requirement we do not meet is the height requirement.
The most efficient use of a silo is to locate it directly above the scale on which the trucks
to be loaded must sit. Cement silos in order to be of any benefit must be large to hold
large amounts of cement making the 40 foot limit very impractical. There are currently
three 59 foot silo's and one 79 foot silo on this site and silos approximately 150 feet near
by. The utilities are allowed to build structures much higher then 40 feet and the
municipal incinerators have no limits. We feel that this 40 foot limit was adopted with
buildings in mind and not unoccupied structures such as a utility tower or a cement silo.
Attached is our request for a variance to be allowed to construct a 80 foot high silo.
r~7 J
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ASH GROVE CEMENT COMPANY
1312 N. THIERMAN
SPOKANE, WA. 99212
PHONE 509-9284343
FAX 509-721-8907
VARIANCE REQUEST
Variance Cooditions and Requiremeats
The following are responses to Variance 14.404.080 using the same paragraph numbers
and letters for clarity.
1. A variance request is being made because keeping the silo height below 40 feet
does not allow the conventional cement load-out system to be used. Other nearby
silos are over 100 feet in height for this reason we do not feel this will grant us
any special privileges only the ability to properly design our facility in order to
serve the community.
1 a. This is an industrial area and the site has been used as a cement ternunal
since 1971. Limiting the silo height to 40 feet is not practical and does deprive
the Owners effective use of their property.
1 b. The use of the property will be unchanged and the appearance will change
very little. The ganting of this variance will not be detrimental to the public or to
the properties in the vicinity or zone.
2a. Strict application of the 40 foot heigtit limitation would not allow us to
efficiently construct and operate a new silo within this industrial zone.
2b. Relaxing this height restriction does allow State of the Art design which
eliminates pneumatically handling the cement before loading the truck which
reduces the chance of airborne dust and reduces energy consumption.
2c. The community need will be better served if we are granted this variance
in that cementlconcrete will be more readily available for use via our customers
who in turn serve the community.
3a. The height variance should be granted because it is compatible with the
area and this is the proper design for such a facility, not solely because other
structures are higher than allowed by code.
3b. This variance should not establish a precedent for higher structures
because our need is to allow proper system design for this property, not simply a
higher structure.
3c. The variance is required because of the need for more height in order to
properly design a load-out system
ASH GROVE CEMENT COMPANY
1312 N. 'I'HIERMAN
SPOKANE, WA. 99212
PHONE 509-9284343
FAX 509-721-8907
VARIANCE REQUEST CONT.
3d. We believe that Spokane County's general plan is to provide uniformity
of development while allowing proper design. We believe the intent of the code
will not be violated.
3e. When this ternunal was designed in 1971 even then 40 feet was not sufficient to construct the terminal. In 30 years the demand for cement has rise❑
greatly making the 40 foot limit even more restrictive in regards to proper design.
3 f. The granting of this variance should not result in a zone reclassification,
only granting the ability to properly construct our facility.
3g. We are not affecting the ground water by using a higher silo and we would
certainly not be circumventing density regulations.
T'HANK YOU FOR YOUR TIME AND CONSIDERATION,
TIM MARTIN
TERNIINAL MANAGER
ASH GROVE CEMENT COMPANY
1
f
.
Aon GROVE CEMENT
1312 N. THIERMAP
SPOKANE, WA. 9~-
F)nQ-9?R-4'W.
Monday; December 31, 2001
Dear: Business Owner
Subject: Proposal For Construction of New Cement Siio
Ash Grove Cement Company for the purpose of obtaining a height variance through
Spokane County is required to submit a letter to all adjacent property owners and operators
Pursuant to Chapter 14.632.335 of the Spokane County Zoning Code, this letter is to infomr:
you of our plans to oonstruct a new silo on our property that exceeds the maximum heigh-;,
allowed by this code. This silo will not exc~er" tvleheight of !~rges± ex~~±~nn ~ .
enable us to better serve our customers.
If anyone has any ooncems or objections regarding this proposal there will be ancs
informal meeting held on January 8, 2002 at 10:00 AM to discuss this project further. Thc:
meeting will be held at Ash Grove 1312 N. Thierman.
Thank you for your time and support
Tim Martin SPpKqNE COUN1Y
Manager
FEB 12 2002
llIVISlON OF PLA►VNINC
.
DMMUNITY INFORMATIONAL MEETIT,-
ASH GROVE CEMENT C0MPANl'
I; 12 N. TH[E R% t,%
Issues Discussed:
List oi, Aitel?(jces:
NO Uill' Wa5 lIl dttelldaIlce at tlillt', OI Illl',et1I1g
BUSINESSES TH~ , WERE DELIVERED NOTICE ur SILO PROJECT
1. E.J. BARTELLS
2. QUADRA
3. NOTT ATWATER
4. INTER-MOUNTAIN SUPPLY
5. A-1 II,LUNIINATED SIGN
6. BULLHIDE LINER
7. US BEARINGS
8. LA1RD PLASTICS
9. EMPIRE BEVERAGE
10. WESTERN LTI'Q,ITIES SUPPLY
11. BOISE CASCADE
12. ALBINA INC.
13. ACME MACHINE
r-=
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RECEIVED
SPOKANE COUNTY SPOKANE COUNTY
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DIVISION OF PLANNING FEB 1 22O0Z
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PRE-APPLICATION CONFERENCE vIVISION OF PLANNING
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A
PRELIMINARY CONFERENCE FOR: PARCEL NO.;~~3`,
D PuAT ❑ SHORT PLAT ❑ BINDING SITE PLAN
❑ TEMPORARY USE 14 VARIANCE(m%f'i.~(i►1l't, ❑ CONDITIONAL USE
❑ ZONE CHANGE ❑ CHANGE OF CONDITIONS ❑ OTHER
- " " PRoJFCr InrFORMa rronr
Applicant:
Applicant's Address: \3\.'2. ~1 . uA*a
City, State, Zip: tXXMYAM IL V.i A 01A,'LQ Phone: 1~~ Q"Iz
Parcel number(s);: 35\'3\
Property Owner(s): 0&4-k Cotokas r2.M&k.lt CCm"+A'1l
Project location & address:
t~V~► . SemoRa k3 . Toua SwQ a S.~t.~
• LM ~ . Ul.~oc\ . %v►e.u1.16Tby.1 ►Ztv6Ee~l IVJ QuSZPaA_%&
General project description:
OP TMP, r=-2,N
Cv. •
.
W4 a,\~tulm'. t-n, _
Type of Access:
Proposed land use:
Sewage Disposal Method: ( p `4CAQ Proposed # of lots:
~
Proposed zone (if rezone): Site size:
~
II
I
A i
SiTE INl~~RMATf~Ni ;
~
Existing Zone~'-2 . Comp. Plan Category: Q~0►~
Fire District: S hool District: _~t k D~k 161_ I
Water District: Ww~~%S'k~~ Neighborhood Assoc.:
Roadway Classification(s): 1.~ I
PSSA inside Otoutside O ASA inside 41 outside 0 IUGA inside 0 outside El
Joint Planning Area? Yes No O If yes, which city/town? 4&"L 71~kk ~
Influence Area? Yes F~ No ❑ If yes, which cityltown?
Enuironrnentaf or cuItLiral resourcPS? YeG ❑ No 7~ I` yGs. which type?
Designated shoreline area? Yes 0 No 156 If yes, which designation?
Affected by floodplain? Yes O No-~ (.fA%Wr-t&L
. ~
Within 1000' notificatlon boundary of designated Natural Resource Lands? Yes ~ No O
Public Transit Benefit Area (PTBA)? Yes VI No D
Within Airport Overlay Zone? Yes 10 No OVEL't S,1:\ e.t
CRITICAL AREAS
1. Wetlands? Yes ❑ No M
0 Category 1(200 foot minimum buffer)
❑ Category 2(150 foot minimum buffer)
0 Category 3(75 foot minimum buffer)
0 Category 4(25 foot minimum buffer)
❑ Unknown
Comments:
II. Fish and Wildlife Habitat? Yes D No CK.
P;"iGf ;iti' ~~aUlfaf cQeCieS'
III. Permanent/Seasonal Streams? Yes 0 No A~
❑ Type I(250 foot minimum buffer area)
0 Type 2(100 foot minimum buffer area)
0 Type 3(100 foot minimum buffer area)
❑ Type 4(75 foot minimum buffer area)
• Type 5(25 foot minimum buffer area)*
' No buffering requirement for Type 5 streams when there is no connection to Type 1, 2, 3, or 4 streams I
Comments: '
~
P
re-conference `crrii
Page 2 of 4
i
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IV. Geologicaliy Hazardous Areas? Yes ❑ No ti
If yes, indicate type of hazard(s)
0 A slope of 300/c, or greater
O Erodible soiis
❑ Hydraulic factors (i.e. exfsting on-site surface and g; aundwatzr)
❑ Prone to landsliding
• Area of uncompacted fill
❑ Unstable areas due to rapid stream or stream bank erosion
Comments:
. .
.
. ~?'~F-C-ON'FE~R~EtVCE'-SUMMAR.Y _
Planning Issues (landscaping, buffer areas, land use compatibility, traffic, etc.):
~ r:- 2 r~vT ~Taut~ag.0~
• ~ o~ ~a la ~ I :1~
~
Special project requirements (plans, studies, permit, Certificate of Exemption, etc.):
~ va~ or s2p~ FovtA
ornw~. w.i. PoU%tA iM~~ "~:O %3 • 3 00 . t t~
~
op TqE 0_3~q P►
General comments:
• yG W,<~ %5 ~u~ c`+►.~5~ A~. ~F~ F~.?~ 1 st~
~
-''igN 4n" H EF_5 IV1Q~ 'PIF,
"1724"/Hearing Examiner/Appeal Procedures:
Handotlts rrovided-
Pre-conference form
Page 3 of 4
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4.,
A check mark indicates those agencies you are encouraged to contact regarding your proposal:
Spokane County Public Works
0 Division of Building and Code Enforcement 477-3675
)Q Division of Utilities, Sewer/Water Resources 477-3604 ~w~ ~
0 Division of Utilities, Stormwater Utility 477-3604 t~~.N~, ~►µt
0 Division of Engineering, Drainage 477-3600 SoHw~ ~~i~~1
O Division of Engineering, Transportation 477-3600 '~~f cm v- bELuaAQ
J~ Spokane Regional Health District 324-1560
• Spokane County Parks 477-4730
O WA State Department of Transportation 3246000
O WA State Department of Ecology 456-2926
O WA State Department of Fish and Wildlife 456-4082
OIL Spokane County Fire District No. ~ 4aA-~"IaQ tA
8l Water District No. __n* 2-) 53t-0- 0%2 t
O Other Agencies:
Q VKES`t' \IcL~ tI--A0-ZN
I, the applicant, acknowledge receipt of and understand the content of this document and
submittal checklisy
,
Applicant: Date: Q -o~~'~ ~ .
Staff Planner: ~ Date:
~
v
Amount Paid: ~ 3s °p Receipt No.
Pre-conference form, wtc rev. 92601
F/Current Planning Master FoRns/app Fonns for all Proj/Misc forms for all Appllcations/Pre-conference form
Pre-conferance form
Page 4 of 4
2-12-2002 1:27PM FROM ASH GROVE (SPOKANE) 15099218907 P.1
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1312 N. ThierrW
Spokane WA 7 ~ . - .
Pt~one: (509) 9~~ .'43 A
Fax: (509) 921 *07 • p•
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,
Fmt
tbc Jason Langbehn From Tim Nlarbn
Fa= 509477-2243 Ra~~ 3 ,
Phans 50"77-7196 Deft 2112J2002 ,
Rea Va 'nonce CQ File
D Ur+gwrt ; x For Rwlew 0 Plsure Gonuwrrt 0 PIeame ltvph► 0 PImwe R+scycle
. ~ .
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0 ConuwnWa
,
Jason if tteso ate na+t tAe right forms piesse 9ive me a call.
~
. Thanks, Tim
. ~ .
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Fact Sheet for Property Number 35131.1201 Report1
Data As of 12/22/2001
Site Address 1312 N THIERMAN RD TCA 2640 Parcel Status Active
Owner ASH GROVE CEMENT COMPANY Taxpayer ASH GROVE CEMENT COMPANY
Owner 6720 SW MACADAM AVE APT 300 Taxpayer 6720 SW MACADAM AVE #300
Address pORTLAND, OR 97219 Address PORTLAND, OR 97219-2370
Market Values 2001
Acreage Land 238,750 Exempt 0
Land Sq Feet 95,499 Value
Impvmts 0
Pro Class Code 98 Vacant Land Personal 0
PertY Totai Value 238,750 Property
Exempttion Year Active Exemptions '
Legal Description ,
BURLINGTON NORTHERN PARKWATER INDUSTRIAL PARK L1 61
-
Sales History (prior to 1999)
Qualified/ Vacant/ Sale Date Sale Price Sale Instrument Unqualifled improved Transfer Verification
03/13/1997 $200,000.00 QUITCLAIM DEED Unqualified Vacant COMMERCIAL PORTION SALE ;
i
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RECEIVED
SPnKANE COUNTY
FE B 2002
Page 1 of 1 Report Date Friday, December 28, 2001
2-12-2002 1:27PM FROM ASH GROVE (SPOKANE) 15099218907 P.2
' RECEIVEW V
SPQKANE COUN~' -
FEB SPOKANE COUNTY DIVISION OF PLANNING
DNISION'OF PtJqNNING
INSTAt1CTIONS FOR APPLICATIONS BEFORE THE HEARING EXAMINER
Planner Conta~t WAF-WA Pre App. Conf: Receipt No.
r.
Note: AdditionW information may be required by the Division of Planning after.the application is
submitte~ if it is found that such information is needed to clarify the fite documents.
A. ADDfr10MA'L FEE REQUIREMENTS
In order to assfst you with your flnancial planning regarding this application, please be advised
that other deo4tments and aqencies with which vou are reQuired to consutt may char eou an
additional fee.,; The fees charged by the Division of Planning only partialfy defer aur
administrative Costs and are not shared with other departments or agencies.
~
6. Prelimina~y Submittal
Prior to filing :'an application, the project sponsor shall become familiar with the current
procedures anE'i forms. Division of Planning personnel are available for advice on current
procedures, pa'pt actions which may affect the proposal and the Zone Code requirements.
C. SCHEOUk1116 ANO APPUCATION FOR PVBUC HEARING
Completed ap ications received the Division of Planning will be scheduled for public hearing on
the earliest po sible date. A comp/eted application includes fees; but may be (ater rejected if
found to be $ubstandard or otherwise lacking in data or required information. Division
personnel will aontact the applicant approximately 28 calendar days prior to the public heariiig
and provide th~ information needed to fuffill the notification requirements outlined in "E° below.
Occasionally, - e;xcessive and unpredictable workloads in the Division may cause scheduling at a
later date. '
D. SU6MtTTA~ REQUIREMENTS
Note: We ha~'ye a frea notary setvice at our office. Piease bring current ID with you.
~
Cro~►+~ M~+t ; Z;i+~~....~~w 111~t...s
1. Comp/eted ~ lication form.
,
•
3.
4. Two (2) As5essor's section maps for subject parcel and property within 400 feet (obtained
at the Cou* Assessors Office): Included as a basis for this 400 feet, is adjacent property
owned or cotioned by the owner or agent and easement access to the property in question. ~
tf required by the Division, obtain two (2) copies, including adjacent maps. The maps are to
C" be submitted with the application and other required information to the Division. Outline the ~p,Ec, ,
subject part:cel(s) in red and mark any easement differently, identifying parcels as A, B, etc.
Also, separOtely identify adjoining owned or optioned land controlled by the applicant or
gent. Adjqjning Assessor's maps that are needed: __ST iF uoX :~',?T p~1rz oiJ
5- e).
s. A61!1d%WV1!4 af i-rwljwn
1~17. Fees for the various Hearing Examiner applications are set by the Board of County
Commissior~ers and are contained in the fee schedule maintained in the Division of
r APlannirg.
,
~ ~~c11~o~ ~ ►-~u~~ 5j 00
, .
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~E•~o.,oea ~~:~;~~e.s
2-12-2002 1:28PM FROM ASH GROVE (SPOKANE) 15099218907 P.3
,
s . I.
HEAR{NG EXANNF~R APPlICAT10N (NSTRUCTIONS PAGE 2
'
A noo-refundable fee will be collected at the #lme of application confererce.
8. s]ivis.i o.n. .app mva1, . a_ d_ra cz!)i xab l e fQrSjo i g
-~v be,
'fl 9. Site Plan - ubmit eight (~D cop ies tzn (1 v) if SEPA checkiist is rc;yuir,ecl) oft'r~e proposaf
drawn to s fe and indicating the ollowing information, unless relieved by the Division a¢
Planning pqarsonnel:
a. Scale fi drawing ~ h. Height of alI structures
b. North ;rrow ✓ i. Parking
c. Vicinityiimap I/ j. Landscapin- .,f
d. Site ar~a, showing property boundaries-/ k_ Fencing ~and dimensions (if a yard variance I. Topography o~ ril-+e sire
I .
applicaNon, the drawings must be m. Easement(s) affecting the use-
properlX dimensioned to show code of the property ~
standar4 and compardble, proposed n. Septic tank, drainfield and wel I-°
dimens!1"on; use Division of Current o.
„
Plannirt~ handout as a guide for =
dimens~aning) ~ s
&Lyft
e. Width' ahd names of right(s) of way p.
s
adjacept to the site ~ q. Easement(s) which provides
f. Existing buildings ✓ access to the public right(s) of
g. Propos'od buildings (including exterior ~ way or other access, if different
decks/Ealconies) showing dimensions frorn easement ✓
and dis~ance to property boundaries
~ r ri0. Agent Lette(if approp ate)
~ 1. One (1) En" ineer's section maP(s) to show the correct ri9ht-or waY width(s) in the vicinity of
~
the project!;
~
E. CONpITIdUSE PERMITS
The applicarit 1% responsible for meeting all standards of the Code with respect to both the
conditional uso section and the underlying- zone. Any uncertainty should be clarified at
application prea;onference or application submittal. Failure to meet such standards may result
in significant delay or cancellation of hearing. (Example: A horne industry accessory building
must be less t6n 2 times the gross floor area of the primary residence. Faiiure tv meet this
~ standard invalioates an application.)
N ut ~ AC~~ ~ie~~Et'
F. PIOTIFICA?'!ON REQUIREMENTS
The applicant to provide le8al notification. More detailed instructions are provided when the
notification pa*et is picked up at the Division. You will be notified when to pick up the packet.
STEP 1: All pr~perty owners and taxpayers within four hundred (400) feet vf the property,
including all aoditional contiguous ownership or optionai land by the owner or agent for the
owner and anX' easement iands providing access shall be nvtified by the proponent. Utilizing a
list of such property ownecs and taxpayers obtained from a title company and copies of the
Agenda Notifi4ation prepared by the Division, the applicant shall accomplish notification by
mailing the agonda notification as directed by the Division personnel.
2-12-2002 1:29PM FROM ASH GROVE (SPOKANE) 15099218907 P_d
.
. , .
NEARINCa EXAMIW-R APPL(CATION INSTRUCTIONS PAGE 3
r
STEP 2: The ppplicant shall provide the original of the maifing list prepared by the titie
company, Afficlavit of Mailing, all retumed mailings (addressee unknown, etc.) and certain other
information to !he Division at least two (2) days prior to the public hgaring for inclusion in the
file FailurP to do so mqy jeopardize the hearing process.
NaTE: Ih~ jodres; fist ontained from the tit7e company musi be dated r~i~; rr?o; c i~~an rt-l~►°'ty G) I~
days before thp, hearing date. When you plan to pick up your mailing packet from this division
please allow on*e (1) week for the t+tle company to prepare the address list and time for vou tc~
do the mailing py the deadline date ~
G. PUBLIC HIJARING
THE APPLICANf, O'Q • RE. .F:: _ 1 . . , _
r
not at the meeting, the "representative" must have written authorization from all property
owner(s) to ac~- o r, t n e; a' ~
I
fit ,4P f= ;rJ.;?;.~
r
Fact Sheet for Property Number 35131.1201 Report1
Data As of 03/16/2002
Site Address 1312 N THIERMAN RD TCA 2640 Parcel Status Active
Owner ASH GROVE CEMENT COMPANY Taxpayer ASH GROVE CEMENT COMPANY
,
Owner 6720 SW MACADAM AVE APT 300 Taxpayer 6720 SW MACADAM AVE #300
Address PORTLAND, OR 97219 Address PORTLAND, OR 97219-2370
' ivlarhet'vaiucs 2 uu~
Acreage Land 238,750 Exempt 0
Land Sq Feet 95,499 Value
Impvmts 0
Personal 0
Property Class Code 98 Vacant Land Total Value 238,750 Property
Exempttion Year Active Exemptions
Legal Description
BURLINGTON NORTHERN PARKWATER INDUSTRIAL PARK L1 B1 I
Sales History (prior to 1999) ~
Qualified/ Vacant/
Sale Date Sale Price Sale Instrument Unqualified Improved Transfer Verification i
03/13/1997 $200,000.00 QUITCLAIM DEED Unqualified Vacant COMMERCIAL PORTION SALE
Page 1 of 1 Report Date Wednesday, March 20, 2002
ZONING AND LAND USE FEE~
PTCEiPT 1N"I.-MO3A~IO,ti,,,
Name: -T.,%,.. JVa,&-T..~ Phone Number:
Company Name (if applicable)
Address: ~~•Z V, ~C~.cY s•,a.I~l L11}~JI~ItCrL1p: Z.-\(~-
FEE INFORMATI0N
I
Item ltem (multiplied by (equal ~I
# Description Amount # of Items) Tota 1 i
~ S
Uu~ A~c c t-A 9 (o9R
~ So ~ ,on
I ~ \OC~ .~o ~ oo , ot1
) TOTAL AMOUNT DUE C6~Q
f Transaction T00 - 7 ~
By: Receipt `
i ~
y
,
SPO NE COUNTYDIVISIONi BUILDING
~
~ AND CODE ENFORCEMENT
I026 WEST BROADWAY AVENUE • SroxANE, WA 99260-0050
~ Site Information Project Information l
-
Site Address: 1312 N THIERMAN RD Project Number: 02000842 l» A: I ssu. e Dat e:
SPOKANE, WA 99212 Permit Use: VARIANCE VF.-2-021
Parcel Number: 35131.1201
Subdivision: BURLINGTON NORTF-iERN PARKWAT I Applicant: TIlvi MARTIN
Block: Lut: 1312 N TFIEIZ?.?:
„ . , Zoning: I-2 Light Industrial
I Contact:
Owner: ASH GROVE CEMENT COMPANY ;
Address: 1312 N THIERMAN RD Phone:
SPOKANE WA 99212 ~
Scthacks - Front: Left: Ri(,~ht: Rc.+r
Building Inspector: SR INSPECTOR
Water Dist: SPO CO WATER DIST#3A
Gcuup Name.
Project Name:
Permits
Vurianee Contrector: License
BNGINEERS REVIEW $SU , UTILITIES REVIEW $100.1 utal Permit Fcc: ~)h49.00
Payment Summary
Total Fees AmountPaid AmuuntOwing Tran Date Receipt # Pavment Amt I
$849.00 $849.00 $0.00 2/12/02 836 $849.00
Processed By: PAYMENT
Printed By: WENDEL, GLORIA Page ] of 1
J
NOTICE `
It is the responsibility of the applicanVperi not Spokane County, to see to it that the use bed on the front of this permit complies with '
applicable codes and requirements and that required inspections are requested. Failure to request required inspections and obtain the necessary
approvals prior to progressing beyond the point where inspections are required may necessitate removal of certain parts of the construction at the
applicant'slpermittee's or property owner's expense. At a minimum, the following inspections ARE REQUIRED by County Code:
1. FOOTING - when forms and reinforcement are in place and prior to placement of concrete-all structures, including manufactured homes.
NOTE: This inspection includes review of the structure's setbacks irom property lines. Minimum setbacks are established by County zoning
regulations. Typically, side and rear yard setbacks ate measured from property lines, while setbacks for yards abutting streets are measured from ~
the property line or the center line of the roadway right-of-way, whichever provides the greater setback from the center line of the roadway right-of-
way. Curb lines and fence lines are not necessarily indicative of property lines. In some residential areas, the County can own as much as 20 feet of
right-of-way between your property and the actual improved streeVcurb. The responsibility to comply with applicable setback provisions lies solely
with the permittee-neither Spokane County nor its authorized representatives assume any responsibility for the verification or location of your
property lines. Please verify their location prior to locating your structure. Failure to properly locate the structure may require its relocation at the
owner's/permittee's expense.
2. FOUNDATION - when forms and reinforcement are in place and prior to placement of concrete.
3. FRAMING - after all framing, bracing and blocking is in place, and prior to concealing.
4. INSULATION - prior to the installation of drywall.
5. PLUM8ING - after rough-in, before covering, and final.
6. MECHANICAL - rough-in of piping, before covering, metal chimneys before concealment, and final.
7. FINAL - when complete and prior to occupancy and/or use. Please provide 24 hours notice. All permits require final inspection.
NOTE: In addition to inspection of the structure, this inspection includes review oi site improvements (typically depicted on the approved site plan)
required by ordinance or as a condition of approval of this permit. Items such as the installation of tire hydrants, fire department access, on-site
drainage ("208 swales"), road improvements, parking, and landscaping are common requirements of a permibsite plan which must be com-
pleted prior to final approval of a building or issuance of a Certificate of Occupancy.
8. MANUFACTURED HOMES - Final inspection required when complete, stairs, handrails, skirting, etc. installed, and prior to occupancy; completed
inspection record card must be available on site.
9. SEWERS - prior to cover
10. RIGHT-OF-WAY/APPROACH - prior to placement of conerete, or, if gravel approach, after completion.
In addition to the above, any plumbing or mechanical systems or material which would be concealed by framing, drywall, concrete, etc., must be inspected
prior to cover. Check with the department for "special inspections" in conjunction with commercial projects.
FOR INSPECTIONS:
TO INSURE PROMPT SERVICE, PLEASE GIVE ONE WORKING DAY/24 HOUR NOTICE .
PARTS OF YOUR PROJECT MAY REGIUIRE PERMITS AND INSPECTIONS
FROM MORE THAN ONE AGENCY.
• Building, plumbing, mechanical and fire inspections, Division • Road cuts for utilities or driveways, Division of Engineering &
of Building and Code Enforcement Roads - 48-HOUR NOTICE REGIUIRED
477-3675 477-3600
or State Department of Transportation
• Construction in a flood plain, Division of Engineering & Roads 456-3000
477-3600
• Sewer connection, Division of Utilities
' Electrical wiring, State Department of Labor and Industries 477-3604
324-2640 or City Public Works Department
625-6300
• On-site waste disposal system, Spokane Regional Health District
324-1560
PERMIT EXPIRATION AND REFUNDS
Unless otherwise noted, this permit will be considered null and void by limitation if the work authorized by the permit is not commenced or is stopped for
a period of 180 days, unless a written request for an extension of the permit is received and approved by the Building Official prior to expiration. At a
minimum an inspection should be requested at least once every 180 days to assure the validity of the permit. A permit may be renewed within one year
of the date of expiration for one-half the original fee, subject to certain limitations-please call us if you have any questions.
All refund requests must be made in writing by the applicanUpermittee (shown on the reverse) no later than 180 days atter the date of iee payment.
Refunds of not more than 80°/a of the permit fee paid may be authorized when no work has been done under the permit. No refunds may be authorized
more than 180 days after fee payment.
MISTAKE?
If you think we've made an error in processing this permit or in conducting inspections pertaining to it, or flnd erroneous information in the permit, please
bring it to our attention immediately by filing a written request for correction within 10 working days of discovery. All such requests should be directed to
the Division of Building and Code Enforcement at the below address.
Spokane County Divisio►t of Building & Code Enforcement ~
1026 6Vest Broadway Avenue
Spokane, WA 99260
Pltor:c: (509) 477-3675 I~i-zY: (509) 477-4703 TDD: (509) 477-7133
Spokane C:ounty
Public Works Department
Division of Building & Code EnforcefyZent
Receipt
Receipt Nunncer: 836 Custotrrer Numher
Projects
Full
Pro%ect Nbr Inv Nbr Fee Amt Inv Ajnt Dwing PAID Pmt
02000842 1 $849.00 $849.00 $849.00 $849.00
7'c,tal: $849.00 $849.00 $849.00 $849.00
iVliscellaneous Item`
1 ota! 1'A1I): $849.00
Tender
ype Check Acct Barlance CCNbr ~ Date TENDERED
T
Check1 11694 849.00
Payer: ASH GROVE CEMENT CO
Total TENDERED: 849.00
Over / (Short) $0.00
Change $0.00
Notes:
Tran DQte / Time: 2/12/02 12:18:43 PM
By: GWendel
Logon User: gwendel
Station: GWENDEL
Overrlde By:
Printed: 211210212:18:45 PM Page 1 ojl
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FII_E NO. VI---'-02-0?
OFI'OSTING
STATE OF WASHING7'ON j
~ ;s:
COUNTY OF SPOKANE )
hC1*11L1 til-,St (liii~~ SW0rn. J~2p~~~~S MId s,x\
f\t Lill tlI11C5 111tI1l1Ullt'"ll I1t:I-1:11i 1 Lllld I1i_~\V ;llll, Ll C!lli'C11 (_?i 111(2 t_'llilL~(j ~1~11e5 Of
America and over the age of eighteen yeat-l,~.
On the ~ day of -.?A~r Li;
required in the Spokane Countv
location(s) in Spokane County:
~
~
Signature of Applicant or Agent
Date
,
Signed and sworn to before me this day of , 2002.
~
NOTARY PUBLIC IN AND FOR THE STATE OF
WA'SHI'#&fMJ• CLARK
NOTARY PUBLIC
STATE OF WASHINGTON ~
EXPIRES JANUARY 6, 2003 Residing at: .
-77My appointment expires:
(APPLICANT FILL OUT AND SICN BEFORE A NOTARY AND RETURN TO THE DIV[S10N OF
PLANNING)
~
,
FILE NO: VE-02-02
AFFIDAVIT OF MAILING
STATE OF WASHINGTON )
) ss.
County of Spokane )
(Print Name:) ' I ►~''1 i r , . ~
first titilN, s«Tor11 on oath, depose(s) and sav(s):
I am a citizen ot'the United States oi Anlerica and over tlie age of eigllteen years.
On the a "S f" day of -f')I, cC 20021) I personally deposited in tlle
United States mail at Pc~*, wa_+Cr 5~ru_\ , with sufficient posta`Te
prepaid, a true and correct copy of the PUBLIC HEARING NOTICE, a copy of which is
attached hereto and incorporated herein by reference, to the recorded real property owner-s mid;'or
taxpayers, as shown on the Spokane County Treasurer's records as of the day of
(ti~< <c 2002, who have been found to own property within a four hundred (400)-
foot periphery of the applicant's (and/or his/her agents) owned, controlled or under-option
property. The notices were addressed to those individuals and sent to those addresses indicated
on the attached list, incorporated herein by reference. In the event an address was not avai ±<<' .
in the official records, I used the current local telephone directory to attempt to locate a val;.i
address. Notices to property owners aild/or taxpayers adjacent (or directly across a street or road)
to the proposal (including land owned or optioned) by the applicant and/or his/her agent) were by
CERTIFIED MAIL as indicated by the attached certified mail receipts.
~
.
4;'e
Signature:
-
Date:
Signed and sworn to before me this //i& day of , 2002.
__~J~/G~'i',fl~l~ 4 / •
WANDA T. CLARK NOTARY PUBLIC IN AND FOR THE STATE OF WASHINGTON
NOTARY PUBLIC SxI'~-
STATE OF WASHINGTON Residing at . I
EXPIRES 1ANUARY 6, 2003
j - - My appointment expires: L'-)jL&U ~ .
(APPLICANT FILL OUT AND SIGN BEFORE A NOTARY AND RETURN TO
DIVISION OF PLANNING)
~
PUBLIC NOTICE PACKEri' ~
AC.KNnVVLFnGN'IFN'1' Ili
~
I p1CkCd Up lht; lll1bI1C: NOt1CZ 1I1t0I'I11at1UI1 I'egaI'dlIlg D1V1S10I1 Ot YIaIll11I1g File No. VE-02-02 0n
thisday of March, 2002. The public hearing is scheduled for April 17, 2002.
I acknowledge the following information is included in the packet that I received.
Public Hearing Notice Instructions
Memo to Title Company
Title Company and Applicant Certification
Assessor's Maps with 400' Boundary
Notice of Public Hearing/Vicinity Map(/Site Plan)
(Mail out a113 nap-es)
Memo to Mortgage Holder/Lender
(I acknowledge I must fiil one out for each property affected by a mortgage)
Affidavit of Mailing
6c;6 ot t o ~ ~b V~q
Note: Legal notice must 6e provided per attached instructions no later than:
April 1, 2002
The above completed information and exhibits shall be returned to the Division of Planning
at least 2 days prior to the Public Hearing scheduled for April 17, 2002.
PRINTED NAME: DATE. . 02 ~ 09
SIGNATURE:
SECRETARY NAME: JDdtA DATE:
~Ij ^
SIGNATURE:
I I.I -:N 0. V1~-O-
TITLE COMPANY CERTIFICATION ANl)
APPLICANT CERTIFICATION
TITLE CON[YANY CERTIFICATION
I do hereby certify that the following list of names and addresses, consisting of the attached
pages, has been prepared from the Spokane County Assessor's or Treasurer's most current
computer records, is to the best of my knowledge correct, and is current within thirty (30) dayS l)f
the April 17, 2002 hearing date.
I also certify I have provided loan numbers, if possible, when the owner is listed as a
finance company.
' C'z
Signed by: L(,11~ ~ LC Date:
iJ
For:
(Title Compan` ~
APPLICANT CERTIFICATION
I
I, the applicant or agent for the applicant, have verified the attached ownership list with the
attached Assessor's map(s) and find that all tax parcel numbers within 400 feet of the project site,
including owned or optioned land as shown on the Assessor's map(s) have been listed by the
Title Company.
Also, I certify that all property immediately adjacent to the proposal location (including any
property immediately across a street or road from the proposal and such property as may be
owned or optioned by the owner/applicant and/or his/her agent) has been mailed CERTIFIED.
~
PRINTED NAME:
Signed bY: Date:
REQUEST FOR PUBLIC RECORDS
~
1 ~el+2+^ , y
Requester's Name (Please Print)
2. La-L,qe )Irw 4tM-evizct-
Requester's Organization - if applicable
-05 clq"-" 4, , lx,//~ 9'y ?o ~
3. 3~2
Requester's Mailing Address (Please Include Zip Code)
4. ~1410
Date of Request Time of Day Requester's Phone Number
5. Nature of Request: /~~C✓ ~S~i ~~Pi ~L, u-~2- ~ J-2,,
2-
6. Document(s) Reference Identafication from Public Records Index:
7. Description of Document(s) Reyuested if Not Identifiable by Reference to Board of County Commissioners of Spokane
County Public Records Index:
8. If the requested documents are/or include a list of individuals or companies, state the purpose for which the list is intended
and sign the following acknowledgment: I promise that the list of individualsor firms furnished hereunder will not be used
for commercial urposes. ~
Purpose:
PUBLIC RECORDS OF THE AGENCY ARE PROVIDED FOR INSPECTION AND COPYING SUBJECT TO T'HE
FOLLOWING REGULATIONS: (1) No person shall knowingly alter, deface, or destroy public records of the agency.
(2) - Original copies of public records to the agency shall not be removed from the offices of the agency. I
(3) Care and safekeeping of public records of the agency, furnished pursuant to a request for inspection or copying, shall be the
sole responsibility of the requester.
(4) Records furnished for public inspection or copying shall be returned in good conditioo and in the same file sequeace or
organizadon as when fumished.
(5) Boisterous or otherwise disruptive conduct by those requesting public records of the agency shall not be permitted.
(6) The charge for providing copies of public records is fifteen cents (~0.15 r 8%z b 11 or S% by 14 inch page.
equester's Signature
OFFICE USE ONLY
Records provided by: Records retumed in good condition:
Yes/No (initials)
Comments:
No. of Copies Made: Amount Received: Receipt No.: Received by:
, PACIJIIRFNf PLANNIIVG MASTHIt FORMSWia MiuenUIEQUES7 POR PUdUC 1tEIXMDS (141).doc
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AGEN4~~~ COMKENk S
SPOKANE REGIONAL HEALTH DISTRICT
ENVIRONMENTAL HEALTH DIVISION
INTEROFFICE MEMC)
DATE: April3.2002
TO: Jason Langbehn, Associate Planner, Spokane County Planning Division
FROM: Donald Copley, EHS II - EHD, SRHD
SUBJECT: VE-02-02 (Martin)
The Spokane Regional Health District has no comment on this variance.
REGEIVE►
;
4L e
DIVISI':~~.
MemoNF-02-02 Martin/Ih
TECHNICAL IZEVIEW MLL1'INC'r
SPOKANF CnUNTY DtVISION OF RUILDING ANI) PLANN(NG
llatc: March 7, 2002
Department: Spokane Regional Health District
Department Contact Person: Steven P. Holderbv.
Action: VE-2-02; Variance request to allow constructioii ui'a cenleilt storage silu witl-, <<
maximum building height of 79 feet, whereas Section Mf thc ('om)1.\ iomi'll'-T
Code requires structures to not exceed 40 feet in height.
TF('TTN[C'.1T RM'1MN' MFFTTNC~: March -)no-' 1 ~ i~ t>>
Nc►tz:
The following intormation is tu pruvidc thc propos~ll SpOl1SOI' lVl1I1 pI'1i1121rti' ~1bCRl;y CC)I11111eI1LS tl) assist
the sponsor and aid the processing of public hearing items heard before the Hearing Examiner. Tlle
following information does not provide a complete or binding final review of the proposal. This will
occur only after the proposal is accepted and placed on the Public Hearing Agenda. The acceptance ( '
the application and scheduling of the application on the Public Hearing Agenda is the primary functik ;I
of this meeting. A secondary fiinction of this meeting is to provide a preliminary review of tlie
qplication. This will provide a forum for the sponsor and other departments of what to expect as
standard development conditioiis and design recommendations.
The comments received are based on a preliminary review of the application fonn and site plan by the
Departments and Agencies which have been circulated the information (not ail agencies/departments
have been contacted-only those who have been determined to have primary interest.)
,
1. a. Does the application (or can the developmen~
Hearing Agenda? Z YES h. 1f no, what is lacki»~ "
c. Public Hearing Schedule: Hearings before the Hearing Examiner are scheduleii ~ip~, !
determination that the application is complete. Items will be scheduled for the first a,.
public hearing.
2. After a preliminary review of the application what "Conditions of Approval" would be required of
the development? (Attacti conditions if necessary)
The Spokane Regional Health District has no comment on this variance.
RECEi1/ED
SPQ ANF rnlelk?y
'an V 2m
nAlK .
D1ViSION OF PLANNING
02i19i02 TL'E 15:28 FaT 509 892 4125 SPORANE VaLLEY FIRE DEPT PLAN"N'ING Z001
SPOKANE VALLEY FIRE DEPARTMENT
E. 10319 SPRAGUE AVENUE
SPOKANE, WA 99206 RECEIVED
(509) 928-1700 Phone SPOKANE COUN'T`"
(509) 892-4125 FAX FE8 1 9 200'
FACS1M1LE COVER SHEET
--_,_--r-
T0: DATE: ~'.19 .Q.~►:
~
FAX N0:
(Company)
FROM: Aeyj'J NO. OF PAGES: ~
(Including cover sheet)
COMMENTS :
~
i CONFiDENTIALITY CAUTION
This message is intended only for tne use ot the individual or entity to
~ which it is addressed and contains information that is privileg, Qri n nd
confidential. If the reader of this message is not the intended,
recipient or the employee or agent responsible for delivering tiie
message to the intended recipient, you are hereby notified that cany
dissemination, distribution or copying of this communication i-S
;
strictly prohibited. If you have received this communication in error,
please notify us immediately by telephone and return the original to
~ us at the above address at our cost.
/sj
; revised: 9/24/99
Q:1Department DatslAdministratfon\FormsIFAXCOVER.DOC
02/18- 02 TLT 15: 28 FAY 509 892 4125 SPORANT vAL,LEY FIRE DEPT PL.ati"NI`C, Z002
i
i
I SPOKANE VALLEY FIRE DEPARTMENT
\1W Spokane County Fire District 1
10319 EAST SPRA.GUE AVE. • SPOKANE, WA 99206•3676 •(509) 928•1 700 FAX (509)692-d125
F~'-b1 9 7) ('lf1
~
Jason Langbehn
Departrnent af Building end Planning
~ 1026 W. Broadway - ry E C~ i v~p
~iF rn~~~ +..t,
Spokane, WA 99260 - -
FEB `
~ RE: Varianoe Request alvisioN pF p
VE-2-02 ~N~~~~
Dear Mr. Langbehn:
i The SpQkane VaIIey Fim Dppartment has no Qbiac#ion #o this va.riance
Sinr.~rdy:
,
i
I
Kevin Miller
. Deputy Fire Marsh
~
i
~
~
KMldc
41r1~t~ ~',~~~,vid~~~~a~!r~et~t D~6a'~a°r~v~nrio~ L~~~h~red'Plats`,~hs~rles'~Jas~n Livnqteh!~ 1_340-02_cioc
~
~ OFFICE OF THE SPOKANE COUNTY ENGINEER
1026 W Broadway Ave, Spokane, WA 99260-0170 (509)477-3600 Fax (509)477-2243
~
"ENGINEER'S CONDITIONS OF APPROVAL" VARIANCE
TO: Spokane County Division of Planning
FROM: Division of Engineering & Roads
DATE: March 7, 2002
PROJECT: BLDG HEIGHT 79' CODE 40' CEMENT STORAGE SILO
FILE VE-0002-02
Hearing @
Pianner: JASON LANGBEHN
Review Date:
Sponsor/Applicant: TIM MARTIN
Section Township Range: 13-25-43
Technical Review Date: (03/07/2002 @ 2:15)
The Spokane County Division of Engineering and Roads has reviewed the above referenced
application. The following "Conditions of Approval" are submitted to the Spokane County Division of
Planning for inclusion in the "Findings of Fact, Conclusions and Order/Decision " should the request be
approved.
Priar to release of a building periiiit or Lise of p>~operty as propQsed:
1. "The applicant is advised that there i-nay exist utilities either underground or overhead effecting
the applicant's property, including property to be dedicated or set aside future acquisition.
Spokane County will assume no financial obligation for adjustments or relocation regarding
these utilities." "The applicant should contact the applicable utilities regarding responsibility for
adjustment or relocation costs and to make arrangements for any necessary work."
END
RECEIVED
SPOKANE COUNTY
M aR 7 2002
DIVISION OF PLANNING
.
Engineer/Surveyor
Planner 7'•..- . L:.:: .
To: ti!ason L.:,r:gbehn (Divislon of Plun,lincl)
CC:
~ ~ __s
From: Ji~-r-, f;~d (Jlvisio~i ol' U}~l~i:le;)
Date: Monday, March 04, 2002
Subject: VE-0002-02 Stage: Technical Review Phase:
Building height for storage silo
SS14A This project lies within the City of Spokane Sewer Service Area. Applicart is reqL;ireci to notify
them of this proposal and conform to their requirements.
WS01 Any water service for this project shall be provided in accordance with the Coordinated UVater
System Plan for Spokane County, as amended.
RECEIVED
SPOKANE COUW
~ Q
Langbehn, Jason
- - - - - -
From: Peterschmidt, Lucy
Sent: Thursday, February 21, 2002 11:05 AM
To: Langbehn, Jason
Subject: VE-2-02
Hi Jason,
We have reviewed this application and have no comments on the current probosal We have no obiections to placinq this
planning action on the Public Hearing Agend_:
Thanks,
Lucy Peterschmidt, P.E.
Stormwater Utility Engineer
477-7679
SPOKANE COD NTY
FED 2 1 200?
DMSION OF FIAtVNING
-
COMMENTING AGENCIES LIST
SP~KAT,kE COU\rrY DIV1310N OF PIANNING `
> > > FaR STAFF USE ONZY < < <
~
Name & Type of Project: AdANW, At th& rUr,L M Fjle _A~-?r-&Z
Applicant & Phone Agent & Phone Date First Comment Letter Sent: ~ Oate Comments Due: _S-\- Sabo
Date Second Comment Letter Sent: 6-20'Zt0Z Date Comments Due: %l ?co~.
0ATE 1 S* DATt 2m
4GENCIES
ro NonFy COMMENTING At3ENC1ES CoMMEN" COMMENTS
~ REOErvm REcEtvED
Spokane Co.: DIvlsion of Engfneerirtq: Raeds ~
I ,Divlslon of EnQlneerin_v; Develocment Servkes. I I
I DIvJslon of Buildlno and Code Enfi"wment I
~ I Ulvls n of Ut71Nes ~
i srorr~rer vaw i
~ . rk a l i ~
i )vlsJan of Lons~ Rance ~ennln~ I
~ E4~nEal ~ontrol
1 f oN Pre rvatf n I I ,
~ Neighborhood Association (name):
~ School Oistrid ~namo and ~ ~ ~
~ Spokane Fire District
Watet District (namo and
~ Sewer District (name and
~ Boundary Review Board N I
~C Spokane Regional Heaith District
- SRokane Eo. Air Pollution Control Authority (SCAPCA) r I
~ Spokane Regional Transportation Coundi (SRTC) I ~
~ Spokane Translt Authority (STA) N N
~ Spokane Atrport Board
~ Airport Authotity (name): T"rQ&
~ WA State: Offics of Archaeoloyy/ Hlstorta! Prrssmtibn (Olymp18) ~
I Dect, of Ecolocr hjeld! Renz. SEPA Coord. Q/vmpla~
Qevt, of Ecolo~/Shors►lines (Snokane O~i9Gel I
Deat, of Flsh 8Wildlife (Scoksne
I Depl. of Health lSpokene Ofl9ce1
I DeQt, of Natural Resoumes xolvll~e 0199ce~
~ I DeQt of Trans,~ s~~Qn lSnokane O~e~ i I
I D~~of T nspo~Non. Alravrts Divlslon I
( Perks anRecrea n qommisslon M/ena,tch_ee) I
~ . ~
US DePt. of Transportation: ~ e d era{ Aviation Admin. (FAA)
I
~ US Forestrar Service (USAF) 1 I ~
N US Army Corps of Engjneers ~ N
~ US 6ureau of l.and Manupment (BLM)
Influence Area (clnclv): Airway Heights. Lgtah, Ossf Psrk, .
Cheney, Medical Lake, Mlllwood, Faincttlld Alr Foroe Base, Tumbutl Wildlife Refuge
Nejiihborinip Town (clr+cle): Rockfiord,lMevedy, Falrfleki, Spangle
X City of SQokane: Planning
~ I Qonsbvcdon Serv!
1 . De t. of Tre s n ~
WaiteNHyvru 4ce.s
0
( Burfin on Northem-Santa Fe a~i road (BN-SFRR)
Elecctty (clrcle): WWP, BPA, Modem Electrt, offier! ~
~
~ Cable (clrr/o): TCI, Uberty Leke
~ Phone (clrcle): US West, other? Others?: (!lso
I , ~ I ~