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1990, 12-19 VE-19-90 Board of Adjustment FindingsBOARD OF ADJUSTMENT SPOKANE COUNTY, WASHINGTON APPEAL OF THE ZONING ADJUSTOR'S ) AUGUST 9, 1990 DECISION IN THE ) MATTER OF A VARIANCE FROM FRONT) AND FLANKING STREET YARD ) FINDINGS OF FACT, REQUIREMENTS ) CONCLUSIONS, [VE -19-901 JOHN R. ADRIAN ) AND DECISION COMPANION FILES: NONE ) ADDRESS: E. 7708 SOUTH RIVERWAY PARCEL NUMBER: 06543-2234 APPLICATION DESCRIPTION: The applicant proposes to locate a new dwelling unit (after demolishing the existing dwelling) to within 40.25 feet of the right of way centerline of South Riverway (front yard) and to within 32.25 feet of Center Road, (flanking street yard); whereas, sections 4.05.110 a. 1. and 3. of the Spokane County Zoning Ordinance requires respectively a minimum 55 feet and 45 feet from the centerline of those rights of way. Authority to consider such a request exists pursuant to Section 4.25.030b. of the Spokane County Zoning Ordinance. PROJECT LOCATION: Generally located on the southeast corner of South Riverway and Center Road, in the SW 1/4 of Section 6, Township 25 N, Range 44 EWM, Spokane County, Washington; addressed as E 7708 South Riverway. 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 November 21, 1990, and the Board of Adjustment rendered a written decision on December 19, 1990 to APPROVE the application. FINDINGS OF FACT AND CONCLUSIONS 1. The proposal is generally described above. According to the site plan which has the required and requested setbacks marked in red, the existing house is in substantial violation with the present zoning setback regulations. The new dwelling unit would be a lesser violation on the flanking street (Center Road) and a greater violation on South Riverway (the front yard). Construction within the required setbacks from both streets, particularly when the streets intersect at less than a 90 degree angle, is virtually impossible; certainly presenting "practical difficulties." The septic tank drainfield is located partially on the lot adjoining to the east, but the applicant states that an easement has been acquired for that septic tank Part of the existing drainfield is shown beneath the existing house. An improved or alternative drainfield situation will likely be worked out with the Health District. Any such solution should try to avoid the placement of any drainfield underneath the driveway for the existing garage (into which area the drainfield now extends). 2. The adopted Spokane County Comprehensive Plan designates the area of the proposal as Urban. The proposed uses are generally consistent with this category. CASE NO. VE -19-90 SPOKANE COUNTY BOARD OF ADJUSTMENT PAGE 2 3. The site is zoned Agricultural Suburban, which allows the pa),posed use upon approval of this application. The lot is a presently in conformance with th,e minimum standards of the Zone. 4. The existing land uses in the area of the proposal include relatively small to medium lot development, all of which are compatible with the proposal. 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. The applicant has been made aware of the recommendations of various County agencies reviewing this project. The applicant found no particular problems with any of the agency recommend recommendations, except those of the County Engiw er. The County Engineer has recommended that 7.75 feet of land be dedicated on both South Riverway and Center Road. The Engineers Office is trying to establish the additional portion of the half right-of-way which would bring these respective sides of the street to a 25 foot half right-of- way in an effort to eventually establish a 50 foot right-of-way street standard, as is required by the Board of County Commissioners adopted regulations. The applicant objects to this much land being dedicated from a small parcel, stating that the present streets are entirely adequate for the area and that no additional right-of-way for future expansion is needed. After evaluating these two opposing points of view, the Zoning Adjustor concludes that the street standards requiring a minimum of a 50 foot right-of-way are consistent with adopted County Ordinances, which the Engineer's recommendations are attempting to implement. Therefore, the dedication of 7.75 feet for both fronting streets will be imposed as a condition of approval. 7. The proper legal requirements for advertising of the hearing before the Zoning Adjustor of Spokane County have been met. 8. No adverse testimony or written comments were received regarding the proposal. 9. 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 Ordinance is achieved with regard to location, site design, appearance, and landscaping, etc; and c) protect the environment, public interest and general welfare. 10. The County engineer routinely recommends that various land use actions trigger dedications or future right-of-way acquisitions sufficient to bring adjacent road right-of-ways up to minimum County standards. Various land use hearing bodies routinely require such recommendations as conditions of approval. 11. Granting the variance will be neither materially detrimental to the public welfare nor injurious to property or improvements in the vicinity and zone. 12. Strict application of the zoning standards does create an unreasonable burden in light of the purpose to be served by the standards. 13. The case for the variance was not supported by substantial reference to or reliance upon illegal or non -conforming precedent(s). CASE NO. VE -19-90 SPOKANE COUNTY BOARD OF ADJUSTMENT PAGE 3 14. Granting the variance will not adversely affect the overall zoning design, plan or concept for either the immediate area or the entire County. 15. The case for a variance was not based substantially upon a lack of reasonable economic return nor a claim that the existing structure is too small. 16. The practical difficulty which gives rise to the variance request did exist before the present owner acquired the property. 17. 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. DECISION From the foregoing Findings and Conclusions, the Zoning Adjustor APPROVES the proposal, 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 Ordinance 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 to be within the context of the original decision. II. PLANNING DEPARTMENT 1. The new dwelling structure should be located as far east and south as possible, in order to maximize the front and flanking street setbacks, particularly in light of the right-of-way dedications. 2. The Planning Department shall verify that plans for the new construction indicate at least the approved setbacks with respect to approved roadway centerline measurements or comparable property line setback, prior to any dedication of right-of-way. CASE NO. VE -19-90 SPOKANE COUNTY BOARD OF ADJUSTMENT PAGE 4 III. DEPARTMENT OF BUILDING & SAFETY 1. The issuance of a building permit by the Department of Building and Safety is required. IV. UTILITIES DEPARTMENT 1. Any water service for this project shall be provided in accordance with the Coordinated Water System Plan for Spokane County, as amended. 2. The new dwelling unit shall be double -plumbed for connection to future areawide collection systems. V. HEALTH DISTRICT 1. Sewage disposal method shall be as authorized by the Director of Utilities, Spokane County. 2. Water service shall be coordinated through the Director of Utilities Spokane County. 3. Water service shall be by an existing public water supply when approved by the Regional Engineer (Spokane), State Department of Social & Health Services. 4. Disposal of sewage effluent beneath paved surfaces is currently prohibited. Preferably, the drainfield should not be located where it would be paved over if a driveway were installed. 5. Subject to specific application approval and issuance of permits by the health officer, the use of an individual on-site sewage disposal system(s) may be authorized. The District needs to approve the use of the existing or modified disposal system or approve a totally new system. VI. SPOKANE COUNTY ENGINEER'S OFFICE 1. An approach permit must be obtained from the County Engineer prior to the construction of any new driveway approaches. This must be done prior to the release of a building permit. 2. The applicant shall dedicate a applicable radius on Center Road and South Riverway Avenue. 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 CASE NO. VE -19-90 SPOKANE COUNTY BOARD OF ADJUSTMENT PAGE 5 INCONVENIENCE INCURRED BY THE APPLICANT IF THE PROJECT APPROVAL IS OVERTURNED OR ALTERED UPON APPEAL. DATED this 19th day of December, 1990. Vote 4-0 Unanimous BOARD OF ADJUSTMENT OF SPOKANE COUNTY ASHINGTON Wight Ifurnepairman Paul Eichin E. B. Hamblin Vernon F. Laubach FILED: 1) Applicant (Certified/Retum Receipt Mail) 2) Spokane County Engineer's Office 3) Spokane County Health District 4) Spokane County Utilities Department 5) Spokane County Department of Building & Safety 6) Spokane County Fire Protection District No. 1 7) Planning Department Cross-reference File and/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, NORTH 721 JEFFERSON STREET, SPOKANE, WA 99260 (Sections 4.25.090 and 4.25. 100 of the Spokane County Zoning Ordinance).