1998, 03-05 Permit App: 98001575 ResidencePROJECT NUMBER= 98001575
PROJECT NUMBER= 98001575
APPLICATION
APPLICATION
DATE= 03/05/98
DATE= 03/05/98
PAGE= 01
PAGE= 01
****** THIS IS NOT A PERMIT ******
PENALTIES WILL BE ASSESSED FOR COMMENCING WORK WITHOUT A PERMIT
SITE STREET=
ADDRESS=
PERMIT USE=
PLAT#=
BLOCK=
AREA=
# OF BLDGS=
OWNER=
STREET=
ADDRESS=
3009 N RIVISTA LN PARCEL#= 55071.0226
OTIS ORCHARDS WA 99027
RESIDENCE W/GARAGE - NATURAL GAS
005587
1
00022879
1 #
PLAT NAME= HATTAMER ESTATES
LOT= 8 ZONE= UR -3.5
F/A= F WIDTH=
DWELLINGS= 1 WATER DIST
KRENTEL, SCOTT & SARA
3009 N RIVISTA LN
OTIS ORCHARDS WA 99027
CONTACT NAME=wato-OR SARA KRENTEL
BUILDING SETBACKS: FRONT= 60 LEFT= 50
DIST#=
DEPTH=
F
R/W= 20
PHONE= 50: 922 5715
PHONE NUMBER= 509 922 5715
RIGHT= 7 REAR= 30
****************************** REVIEW INFORMATION *****************************
DEPARTMENT
REVIEW REQUIREMENT
BUILDING PLAT HOLD:WATER & FIRE
COMMENTS:
BUILDING PLAN REVIEW REQUIRED
COMMENTS:
BUILDING SETBACK REVIEW REQUIRED
COMMENTS:
ENGINEER APPROACH/FLOOD1
COMMENTS: 99 JIV-A I(Y 3/0
-
PLAIN/ DRAINAG
HEALTHDIST NEW OR ADDITIONAL WASTE WATER
COMMENTS: AID Ark PL.J- P La-Z-
PLANNING REGULATED SHORELINEPPYUrl
COMMENTS: y/4 t 7 R .
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PROJECT NUMBER= 98001575 APPLICATION DATE= 03/05/98 PAGE= 02
******************************* BUILDING PERMIT *******************************
CONTRACTOR= OWNER PHONE=
NEW= X REMODEL= ADDITION= CHANGE OF USE=
DWELL UNITS= 1 OCCUP. LD= BLDG HGT= 24 STORIES= 2
BLDG W X D = 58 X 26 SQ FT= 3325 SPRINKLER= N
REQ PARKING= #HANDICAP= CRITICAL MAT= N
DESCRIPTION GROUP TYPE SQ FT VALUATION
BASEMENT U R-3 VN 1525 17629.00
DECK R-3 VN 540 3974.40
GARAGE U-1 VN 625 7500.00
RESIDENCE R-3 VN 1551 96162.00
2ND FLOOR R-3 VN 249 15438.00
ITEM DESCRIPTION
QUANTITY FEE AMOUNT
RESIDENTIAL VALUATION Y 1100.00
RESIDENTIAL SURCHARGE Y 242.00
STATE SURCHARGE Y 4.50
******************************* MECHANICAL PERMIT *****************************
CONTRACTOR= OWNER PHONE=
ITEM DESCRIPTION
QUANTITY FEE AMOUNT
GAS APPLIANCE<=100,000BTU 1 12.00
RANGE 1 10.00
CLOTHES DRYER 1 10.00
GAS WATER HEATER 1 10.00
GAS PIPING 3 3.00
VENTILATING FANS 5 50.00
HOOD -TYPE II 1 10.00
WOOD/PELLET STOVE/INSERT 1 25.00
***************************** PLUMBING PERMIT ******************************
CONTRACTOR= GOLD SEAL SERVICE
STREET= 5524 E BOONE AVE
ADDRESS= SPOKANE WA 99212
ITEM DESCRIPTION
PHONE= 509 535 5944
QUANTITY FEE AMOUNT
TOILETS/BIDETS 3 18.00
TUBS 1 6.00
SHOWERS 2 12.00
SINKS 5 30.00
DISH WASHERS 1 6.00
CLOTHES WASHER 1 6.00
GARBAGE DISPOSAL 1 6.00
FLOOR DRAINS 1 6.00
WATER USING DEVICES 3 18.00
PROJECT NUMBER= 98001575 APPLICATION DATE= 03/05/98 PAGE= 03
PERMIT TYPE FEE AMOUNT AMOUNT PAID AMOUNT OWING
BUILDING PERMIT 1346.50 .00 1346.50
MECHANICAL PRMT 130.00 .00 130.00
PLUMBING PERMIT 108.00 .00 108.00
1584.50
.00 1584.50
* PROJECT NOTE: TOPIC = CONDITIONS DEPT = BUILDING *
*******************************************************************************
HOLD FINAL APPROVAL & CERTIFICATE OF OCCUPANCY UNTIL ACCESS
LANE OFF OF RIVISTA IS PAVED TO A WIDTH OF 16 FEET (WITH 2
FEET OF GRAVEL ALLOWED ON EACH SIDE OF ASPHALT) PER COUNTY
ENGINEER'S.
PROCESSED BY: CAROL FRAZIER
PRINTED BY: CAROL FRAZIER
******************************** THANK YOU ************************************
ti
PIL.. coe /
BEFORE THE
SPOKANE COUNTY DIVISION OF BUILDING AND PLANNING
IN THE MATTER OF A
CRITICAL AREAS ORDINANCE
REASONABLE USE EXCEPTION
RUE -9-98, Scott and Sara Krentel
FINDINGS OF FACT,
CONCLUSIONS AND
DECISION
THIS MATTER, an application for administrative approval of an exception to the development
standards of the Spokane County Critical Areas Ordinance from Scott and Sara Krentel has been
received and decided upon, puruuant to Section 11.20.040B of the Spokane County Critical
9Areas Ordinance on the / day of February, 1998.
FINDINGS OF FACT AND CONCLUSIONS
1. The individual signing below has been delegated the responsibility for rendering the
decision by the Spokane County Director of Building and Planning.
2. Lot 8 Block 1 of Hattamer Estates is north of and adjacent to the SPOKANE RIVER.
This property is located about 800ft west of Barker Road, about 100ft south of Euclid
Avenue and about 300ft north of the Riverview Mobile Home Park in the NE 1/4 of
Section 7, Township 25 N, Range 45 EWM Spokane County, Washington.
3. The property is owned by Eric Hattamer, who has granted Ron Mael and Donna Nelson
permission to submit this application. Scott and Sara Krentel, prospective owners of Lot
8, are proposing to build a single-family house with an attached garage, elevated deck and
a yard.
4. The applicant has yet to apply for a Building Permit to construct the single-family house
with attached elevated deck. The proposal would not comply with the development
standards of the Critical Areas Ordinances. Specifically, Section 11.20.060 (C.)(2.)(e.),
which is the Type I Riparian Buffer that requires a 250 foot buffer that totally covers the
existing 180ft deep residential lot. The proposed single-family dwelling with attached
elevated decks over the 25ft rear yard will intrudes approximately 110 feet into the buffer
(44% of the 250 foot buffer setback standard). The closest corner of the dwelling with
deck will be located about 140ft from the river. The applicant provided a number of
maps, site plan showing the proposed structures and provided photographs. The
proposed building area and yard will displace marginal habitat (native grass and weeds).
5. The Spokane County Comprehensive Plan designates this area as URBAN. The proposed
use complies with the URBAN designation of the Comprehensive Plan which supports
single-family dwelling and accessories.
6. The current zoning of the property is URBAN RESIDENTIAL -3.5 (UR -3.5). This zone
classification allows the proposed uses.
7. The circumstances of not being able to comply with the development standards of the
Critical Areas Ordinance was not the result of the property owner dividing the property or
Reasonable Use Exception RUE -9-98 Page 1
making a minor lot line adjustment after August 1, 1996, being the effective date of the
Critical Areas Ordinance. The County records indicate that Hattamer Estates was
recorded on April 4, 1994, before the August 1, 1996.
8. The applicant's drawings indicates that 100% of this property is within the "Type I
Riparian Habitat 250 foot Buffer" of the critical area, which prevents the proposed uses
from being able to comply with the 250 foot riparian buffer setback standard of the
Spokane County Critical Areas Ordinance.
9. The proposed uses will result in a change or alteration to the existing marginal habitat
(native grass and weeds) of the "Type I Riparian Habitat Buffer" area. Specifically, the
single-family dwelling and yard will displace a portion of the existing marginal habitat on
the 22,879sq. ft. residential lot. As conditioned, this alteration will not affect the adjacent
property and does not change the 50 foot state shoreline habitat area since the
improvements will be about 110ft from the river.
10. The applicant indicates the proposed uses can not be relocated on the property to conform
with the 250 foot setback standards of the Critical Areas Ordinance, because 100% of the
residential lot is within the 250 foot buffer area.
11. The proposed use can not be reduced to conform with the Critical Areas standards,
because the proposed use is located as far way from the river as possible. The existing
steep slope, side yard setback and the required location of the driveway prevents the
house from being shifted any further from the river. The proposed house is a typical
sized dwelling (smaller than some vicinity homes) with a typical sized rear yard (smaller
than some vicinity homes) for a residential development in this "urban" area.
12. The applicant indicates they have mitigated to minimize the impacts to the 250 foot
buffer habitat by proposing to locate a far away from the river as possible and to build a
typical sized home (smaller than some vicinity homes), to have a smaller rear yard and to
enhance the buffer area with native trees and shrubs.
13. The applicant indicates that a "reasonable use" of the subject property would be to build a
dwelling on the residential lot with a deck and yard, as allowed on other properties in the
neighborhood and vicinity with the same zone and same critical area designation.
14. The applicant also indicates that "all reasonable use" of the property has been limited by
the development standards of Critical Areas Ordinance, because the 250 foot buffer
covers 100% of the existing residential lot.
15. During the Critical Areas Ordinance public hearings the discussion of "reasonable use"
focused around the concept that a legally created parcel of land would typically be able to
obtain a residential building permit (which would include accessory buildings). While
the Zoning Code's Permitted Use Matrix allows a variety of other land uses, common
sense dictates that a reasonable use of such property is a typical sized dwelling with
accessory uses and yards; provided the property owner can comply with all the other
development standards of zoning, roads, sewer, water, and other development
regulations.
REASONABLE USE EXCEPTION
RUE -9-98 PAGE 2
16. Spokane County concludes that the above proposal is a reasonable use of the property
with the above stated Zone Classification and Critical Area, because the 250 foot buffer
would otherwise prohibit all reasonable development on this recorded residential lot.
There is no reasonable use (single-family dwelling and accessory uses) with less impact
on the habitat.
There is no other reasonable way to reduce the impacts to the habitat buffer, because the
applicant has proposed the "least impact" use of and location on the property.
17. Spokane County finds that the Critical Areas Ordinance standards would deny all
reasonable use of the property, because the riparian habitat buffer covers 100% of this
Short Plat residential lot.
The property owner does not have the options to locate the proposed uses at another
location on the property because of the size of the parcel, the location of the river, the
steep slope, and the required location of the driveway.
The property owner does not have any options to partially mitigate the proposed use
because the rear yard size and dwelling size is typical to smaller than the homes and yards
in the area. The elevated attached deck will be located over the small rear and side yard.
The proposal is the minimum necessary to allow the reasonable use of the property in the
critical area buffer.
18. This application is exempt from environmental review under the State Environmental
Policy Act pursuant to WAC 197-11-800 (6)(b).
19. As conditioned, the approval of this reasonable use exception for a single-family dwelling
and accessory uses (attached deck and yard) will not adversely affect the existing riparian
habitat, the adjacent properties nor adversely affect the general health, safety and welfare
of the public.
DECISION
Based upon the above noted Findings of Fact and Conclusions, this Administrative Exception
RUE -9-98 is hereby APPROVED, subject to conditions noted below. This decision is final
unless appealed in writing, consistent with adopted appeal procedures of the Spokane County
Critical Areas Ordinance.
CONDITIONS OF APPROVAL
1. This administrative determination shall apply to the subject property and will transfer to
future owners, heirs or any successor in interest to the property subject to the conditions of
approval herein. However, this approval is limited to only the proposed uses as specified and
as conditioned. See attached drawing, which identifies the limit of intrusion into the 250 foot
riparian habitat buffer area.
2. All Spokane County development standards, as amended, must be complied with when
developing this parcel, such as but not limited to the Spokane County Zoning Code and the
Spokane County Shoreline Program. Only the 250 foot riparian buffer setback standard of
the Critical Areas Ordinance is being granted an exception; therefore, does not guarantee
REASONABLE USE EXCEPTION RUE -9-98 PAGE 3
development approval from other agencies or guarantee compliance with other ordinances or
development standards.
3. The 250 foot riparian habitat setback standard of the Critical Areas Ordinance is granted an
exception to allow development of the existing residential lot with a dwelling and attached
deck limited to no closer than 140ft from the river, as shown on the attached drawing from
the RUE -9-98 file. Minor deviation from this condition may be granted by the person
signing below; provided justifiable reasons are provided in writing by the applicant that will
be made part of the RUE -9-98 file.
4. The rear and side yard lawn and urban landscaping shall not be developed beyond 25ft to 30ft
average from the house (edge of lawn does not have to be a straight line). Any modification
to the buffer area's native habitat beyond the approved yard area must be maintained with
native vegetation (grasses, shrubs and trees). Removal of noxious weeds are allowed. Buffer
area enhancement with native vegetation is allowed; provided a landscape plan is approved
by Spokane County and made part of the RUE -9-98 file.
5. The 1971 state and 1974 local shoreline regulation prohibit development of the 50 foot
shoreline buffer. Since 1974, lawns, yard landscaping, gardens, fences and overhanging
decks or any structure (except docks with state and local permits) are not allowed within
this 50 foot shoreline buffer area. The natural native vegetation (ground cover, woody
shrubs or trees) all indigenous to the area (as recommended by Department of Ecology or
Department of Fish & Wildlife) can be added within this 50 foot shoreline buffer area to
enhance the existing habitat. This buffer area is intended to be undisturbed habitat for
wildlife and to protect the state shoreline. Before doing anv development or changes within
the 200ft landward area from the river, contact Spokane County for compliance with the state
and local shoreline regulations.
Approved the /9 141 day of February 1998.
Jo Nunnery, Sokane County S/oreline Administrator
Under State Law and County Ordinance, you have the right to appeal this decision to the
Spokane County Hearing Examiner. If you desire to file an appeal, you must submit the
appropriate Appeal Application together with the required Fee, payable to the Spokane County
Division of Building and Planning, within twenty (20) calendar days from the date this
decision is signed. Upon receipt of a complete appeal application, a public hearing will be
scheduled.
If you have any questions, please call the Building and Planning Division at 456-3675 Ex 205.
REASONABLE USE EXCEPTION RUE -9-98 PAGE 4
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APR -16-1998 08 15
PROJECT NUMBER= 98001575
PROJECT NUMBER= 98001575
APPLICATION DATE= 03/05/98
APPLICATION DATE= 03/05/98
PAGE= 01
PAGE= 01
****** THIS IS NOT A PERMIT ******
PENALTIES WILL BE ASSESSED FOR COMMENCING WORK WITHOUT A PERMIT
SITE STREET=
ADDRESS=
PERMIT USE=
PLAT#=
BLOCK=
AREA=
# OF BLDGS=
OWNER=
STREET=
ADDRESS=
3009 N RIVISTA LN PARCEL#= 55071.0226
OTIS ORCHARDS WA 99027
RESIDENCE W/GARAGE - NATURAL GAS
005587
1
00022879
1 #
PLAT NAME= HATTAMER ESTATES
LOT= 8 ZONE= UR -3.5
F/A= F WIDTH=
DWELLINGS= 1 WATER DIST
KRENTEL, SCOTT & SARA
3009 N RIVISTA LN
OTIS ORCHARDS WA 99027
CONTACT NAME= AleratOR SARA KRENTEL
BUILDING SETBACKS: FRONT= 60 LEFT= 50
DEPARTMENT
DIS'.'g= F
DEP" H= R/W= 20
PHONE= 5C 922 5715
PHONE NUMBER= 509 922 5715
RIGHT= 7 REAR= 30
REVIEW INFORMATION ********k* ******************
REVIEW REQUIREMENT
BUILDING PLAT HOLD:WATER & FIRE
COMMENTS:
BUILDING PLAN REVIEW REQUIRED
COMMENTS:
BUILDING SETBACK REVIEW REQUIRED
COMMENTS:
P Can
ENGINEER APPROACH/FLOOD PLAIN/DRAINAG
COMMENTS:
HEALTHDIST
COMMENTS:
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