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1992, 05-23 VE-5-92 Zoning Adjustor Findings42- 4Ct.0 ZONING ADJUSTOR SPOKANE COUNTY, WASHINGTON IN THE MATTER OF A VARIANCE FROM ) MINIMUM FRONTYARD STANDARDS •) FINDINGS OF FACT, FILE: VE -5-92 ) CONCLUSIONS, APPLICANT: SUSAN ANDERSON ) AND DECISION COMPANION FILE(S): CE -61-92 ) PARCEL NUMBER: 55181.2310 ) APPLICATION DESCRIPTION: The applicant proposes to build an addition onto the front of the existing residence, creating an approximate 40 foot front yard setback from the centerline of Sinto Avenue right of way; whereas, section 14.616.325. A.1. of the Zoning Code of Spokane County requires a minimum front yard setback of 55 feet from the centerline of the roadway right of way. Authority to consider such a request exists pursuant to section 14.404.080 of the Zoning Code of Spokane County and Spokane County Board of County Commissioners resolution No. 89 0708, as may be amended. PROJECT LOCATION: East central Spokane Valley, north of and adjacent to Sinto Avenue and approximately 500 feet west of Barker Road, in the NE 1/4 of Section 18, Township 25N, Range 45 EWM; 18505 E. Sinto. OPPONENTS OF RECORD: NONE PUBLIC HEARING AND DECISION: After consideration of all available information on file, exhibits submitted and testimony received during the course of the public hearing held on May 23, 1992, the Zoning Adjustor rendered a written decision on June / j , 1992 to APPROVE the application as set forth in the file documents and as conditioned below. FINDINGS OF FACT AND CONCLUSIONS 1. The proposal is described above and detailed in documents contained in the file. . 2. In compliance with RCW 36.70.450, the Planning Department determined that this proposal is generally consistent, as conditioned, with the Urban category of the Comprehensive Plan. 3. The site is zoned UR - 3.5, which allows the proposed use upon approval of this application. 4. The existing land uses in the area of the proposal include single family dwellings, several of which are closer to the street than the regulations requires, all of which are compatible with the proposal. A visual inspection of the street involved shows that numerous buildings are built substantially closer that the setbacks. Some of these. are older buildings and predate building permit records. The applicant submitted four building permits with the intent to show, apparently, that variances or deviations have been granted. In fact, one was for a comer lot in which a flanking street 15 foot setback was being used for an example (southeast corner of Greenacres Road and Sinto Avenue). One was for an carport attached to a garage and it was unclear as to the location with respect to any property dimension. The third was a patio on an existing slab attached to a residence and there appeared to be no front yard setback CASE NO. VE -5-92 SPOKANE COUNTY ZONING ADJUSTOR PAGE 2 involved at all. The final one was for a Waiver of Violation in which an illegal structure had been build to within 19 and 1/2 feet from Sinto right of way. This variance would bring the front of the building to within 20 feet of the front property line. There does not appear to be lawfully established precedent to grant such a variance. On the other hand, the existing residence already is closer than 55 feet to the center line of the roadway right of way, thus being in violation. Apparently the older zoning ordinances in effect at the time of the construction of most of the houses on this street had less of a setback thus placing most of these buildings as nonconforming uses under the present Zoning Code. 5. The proposal is exempt from the provisions of the Washington State Environmental Policy Act, Chapter 43.21C RCW pursuant to WAC 197-11-800 (6) (b). 6. There are special circumstances which affect the subject property and make the applicant's proposal reasonable in light of the variance criteria. The dwelling unit itself is substandard in size, being about 950 square feet on the main floor with a presently non-habital (sleeping space) lower level. The house is designed so that the bedroom space is on the back side of the house, with kitchen, dining room and living room space across the front of the house. A garage exists to the west, thus prohibiting expansion to the west. A septic tank and drainfield exists to the north (back yard), prohibiting expansion in that direction. A Washington Water Power natural gas line exists on the east side of the house, thus complicating expansion in that direction. The applicant claims that neither the kitchen, dining room nor living room is singularly large enough for the 6 members of the family to occupy the same room. Expansion of these three spaces toward to street by 10 feet, will nearly double the capacity of the kitchen, dining room and living room area. The basement will also be expanded and improved to the standards of sleeping space quality, thus providing a minimal size house (about 1380 square feet on the main floor with a sleeping -space -approved lower level) suitable for occupancy by a family of 6. Without this improvement, most families would find the house and property disadvantaged. 7. A Title Notice for future acquisition of approximately 5 feet of the front yard should be filed in order to comply with the Arterial Plan. Additionally, the applicant shall absolve the County of any claims which may be brought by this applicant or any subsequent owners regarding the presence of a road so close to the building if, in fact, additional right of way is sought for expansion of Sinto Avenue. Future owners should be fully alerted to the possibility of the expansion of Sinto Avenue and that Spokane County will not reimburse the owner or future owners regarding functional obsolescence of the proposed building due to noise and proximity of the road. 8. The applicant has been made aware of the recommendations of various County agencies reviewing this project and has indicated those recommendations are acceptable. 9. The proper legal requirements for advertising of the hearing before the Zoning Adjustor of Spokane County have been met. 10. No adverse testimony or written comments were received regarding the proposal. 11. The Zoning Adjustor may require such conditions of approval as necessary and appropriate to make the project most compatible with the public interest and general welfare. RP -Decision VE -5-92 Anderson CASE NO. VE -5-92 SPOKANE COUNTY ZONING ADJUSTOR PAGE 3 12. Various performance standards and criteria are additionally needed to make the use compatible with other permitted activities in the same vicinity and zone and to ensure against imposing excessive demands upon public utilities, and these shall be addressed as conditions of approval. 13. With the conditions of approval set forth below, the variance will: a) not constitute a grant of special privileges inconsistent with limitations on other properties in the vicinity and similar zone; b) ensure that the intent and purpose of the Zoning Code is achieved with regard to location, site design, appearance, landscaping, etc.; and c) protect the environment, public interest and general welfare. DECISION From the foregoing Findings and Conclusions, the Zoning Adjustor APPROVES the proposal as generally set forth in the file documents, subject to compliance with the following CONDITIONS OF APPROVAL I. GENERAL 1. The following conditions shall apply to the applicant, owner and successors in interest and shall run with the land. 2. Failure to comply with any of the conditions of approval contained in this decision, except as may be relieved by the Zoning Adjustor, shall constitute a violation of the Zoning Code for Spokane County and be subject to such enforcement as is appropriate. 3. The Zoning Adjustor may administratively make minor adjustments to site plans or the conditions of approval as may be judged by the Zoning Adjustor to be within the context of the original decision. II. PLANNING DEPARTMENT 1. This parcel shall not be further subdivided unless consistent with RCW 58.17, the various county subdivision regulations and the Spokane County Comprehensive Plan for the area. 2. The applicant shall develop subject property generally in accordance within the concept presented to the Hearing Body. Variations, when approved by the Planning Director/designee, may be permitted, including, but not limited to building location, landscape plans and general allowable uses of the permitted zone. All variations must conform to regulations set forth in the Zoning Code for Spokane County, and the original intent of the development plans shall be maintained. RP -Decision VE -5-92 Anderson CASE NO. VE -5-92 SPOKANE COUNTY ZONING ADJUSTOR PAGE 4 1. The Spokane County Planning Department shall prepare and record with the County Auditor a Title Notice specifying a future land acquisition area for road right-of-way and utilities. The reserved future acquisition area Title Notice shall be released, in full or in part, by the Planning Department. The notice should be recorded within the same time frame as an appeal and shall provide the following: a, At least 5 feet of reserved future acquisition area for road right-of-way and utilities, in addition to the existing and/or newly dedicated right-of-way along Sinto Avenue. NOTE: The County Engineer has required 0 feet of new dedication. b. Future building and other setbacks required by the Spokane County Zoning Code shall be measured from the reserved future acquisition area. c. No required landscaping, parking, '208' areas, drainfield or allowed signs should be located within the future acquisition area for road right-of-way and utilities. If any of the above improvements are made within this area, they shall be relocated at the applicant's expense when roadway improvements are made. d. The future acquisition area, until acquired, shall be private property and may be used as allowed in the zone, except that any improvements (such as landscaping, parking, surface drainage, drainfield, signs or others) shall be considered interim uses. 4. The above Title Notice shall be amended to cover Engineer's Conditions of Approval No. VI.1. III. DEPARTMENT OF BUILDINGS 1. The issuance of a building permit by the Department of Buildings is required. 2. Requirements of Fire District No. 1 need to be satisfied during the building or occupancy permit process. IV. DIVISION OF UTILITIES None is needed. V. HEALTH DISTRICT None is needed. RP -Decision VE -5-92 Anderson CASE NO. VE -5-92 SPOKANE COUNTY ZONING ADJUSTOR PAGE 5 VI. DIVISION OF ENGINEERING AND ROADS 1. Sinto Avenue is currently substandard in regards to right of way width. A Local Access street should be 50 feet in width, with an improved surface of 36 feet. This would mean that an additional 5 feet of right of way in the future would be required to being Sinto Avenue into compliance with the Spokane County Road Standards. Five feet of right of way is not being requested at this time because of the nature of this land use action. 2. The applicant is advised that Spokane County will not reimburse the owner or future owners regarding functional obsolescence of the proposed building due to noise and proximity of the road. NOTICE: PENDING COMPLETION OF ALL CONDITIONS OF APPROVAL WHICH NEED TO BE COMPLETED PRIOR TO PERMIT ISSUANCE, PERMITS MAY BE RELEASED PRIOR TO THE LAPSE OF THE TEN (10) -DAY APPEAL PERIOD. HOWEVER, THE COUNTY HAS NO LIABILITY FOR EXPENSES AND INCONVENIENCE INCURRED BY THE APPLICANT IF THE PROJECT APPROVAL IS OVERTURNED OR ALTERED UPON APPEAL. DA I ED this / ? ' day of June, 1992. Zo g Ad ustor Spokan. County Washington FILED: 1) Applicant (Certified/Return Receipt Mail) 2) Opponents of Record 3) Spokane Division of Engineering and Roads 4) Spokane County Health District 5) Spokane County Division of Utilities 6) Spokane County Department of Buildings 7) Planning Department Cross-reference File and/or Electronic File NO 1E: ONLY THE APPLICANT OR AN OPPONENT OF RECORD MAY FILE AN APPEAL WITHIN TEN (10) CALENDAR DAYS OF THE ABOVE DA IE OF SIGNING. APPEAL MUST BE ACCOMPANIED BY A $120.00 FEE. APPEALS MAY BE FILED AT THE SPOKANE COUNTY PLANNING DEPARTMENT, BROADWAY CENTRE BUILDING, NORTH 721 JEFFERSON STREET, SPOKANE, WA 99260 (Section 14.412.042 of the Zoning Code for Spokane County). RP -Decision VE -5-92 Anderson