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1990, 09-19 VE-19-90 Amended Decision%%C� t+ a tz PLANNING DEPARTMENT BROADWAY CENTRE BUILDING N. 721 JEFFERSON STREET PHONE 456-2205 SPOKANE, WASHINGTON 99260 SPOKANE COUNTY COURTHOUSE To: Spokane County Engineer's Office Spokane County Health District Spokane County Utilities Department Spokane County Department of Building and Safety Spokane County Fire Protection District No. 1 FROM: Thomas G. Mosher, AICP, Zoning Adjustor DATE: September 19, 1990 SUBJECT: Setback Variance File No. VE -19-90 Amended Decision - The above case is under appeal and will be heard by the Board of Adjustment on October 17, 1990. In the process of reviewing this file and preparing to make a report to the Board of Adjustment, I noticed that one of the conditions of approval intended to be placed in the decision was inadvertently left out. Therefore, the attached document officially amends the decision of August 9, 1990, as indicated therein. Note that this extends the appeal period for this particular condition for 10 days after the signing of the decision. Since the applicant has appealed Utilities Condition No. 1, and this added utilities condition (on the amended document) is very closely related to the appeal statement made by the applicant, the Planning Department will advertise that the applicant is also appealing Utilities Condition No. 4 (the new utilities condition). If the applicant does not wish to contest the fourth utilities condition of approval, the Board of Adjustment simply does not have to address it. Using this concept, we can continue to the public hearing on the scheduled date. fcu c: John R. Adrian, Applicant, 7708 East South Riverway, Spokane, WA 99212 Attachment A ZONING ADJUSTOR SPOKANE COUNTY, WASHINGTON IN THE MATTER OF AN AMENDED ) VARIANCE FROM FRONT AND ) AMENDED FLANKING STREET YARD REQUIREMENTS ) DECISION [VE -19-90] JOHN R. ADRIAN ) ADDRESS: 7708 EAST SOUTH RIVERWAY PARCEL NO.: 06543-2234 BACKGROUND INFORMATION: The original decision on this file was issued on August 9, 1990. This was a period of time during which the Zoning Adjustor was on vacation, having previously dictated the decision. The decision was signed and distributed without a fourth condition of approval listed under IV. UTII.,ITIES DEPARTMENT. The Utilities Department had recommended the inclusion of one of their standard conditions associated with the aquifer sensitive area overlay zone and the requirement for a condition involving an agreement to participate in the formation of a sewer district at such time as one might be proposed. This missing condition was discovered during the process of preparing the file for an October 17, 1990 appeal hearing. CONSEQUENTLY, THE DECISION for VE -19-90 is formally amended to include the following condition of approval: IV. UTILITIES DEPARTMENT 4. The owner(s) or successor(s) in interest agree to authorize the County to place their name(s) on a petition for the formation of a ULID by petition method, pursuant to RCW 36.94,which petition includes the owner(s) property; and further not to object by the signing of a protest petition against the formation of a ULID by resolution method, pursuant to RCW Chapter 36.94, which includes the owner(s) property. PROVIDED, this condition shall not prohibit the owner(s) or successor(s) from objection to any assessment(s) on the property as a result of improvements called for in conjunction with the formation of a ULID by either petition or resolution method under RCW Chapter 36.94. 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. t� Dated this day of September, 1990. THOMA G. MOSHER, AICP ning Adjustor Spokane County, Washington r FILE VE -19-90 ZONING ADJUSTOR AMENDED DECISION PAGE 2 FILED: 1) Applicant (certified/return receipt mail) 2) Spokane County Engineer's Office 3) Spokane County Health District 4) Spokane County Utilities Department 5) Spokane County Department of Building and Safety 6) Spokane County Fire Protection District No. 1 7) Planning Department cross-reference file or electronic file NOTE: ONLY THE APPLICANT OR AN OPPONENT OF RECORD MAY FILE AN APPEAL WITHIN TEN (10) CALENDAR DAYS OF THE ABOVE DATE OF SIGNING. APPEAL MUST BE ACCOMPANIED BY A $100.00 FEE. APPEALS MAY BE FILED AT THE SPOKANE COUNTY PLANNING DEPARTMENT, BROADWAY CENTRE BUILDING, 721 NORTH JEFFERSON STREET, SPOKANE, WA 99260 (Sections 4.25.090 and 4.25. 100 of the Spokane County Zoning Ordinance). fcu