1987, 05-26 CUE-8-87 Zoning Adjustor FindingsZONING ADJUSTOR
SPOKANE COUNTY, WASHINGTON
IN THE MATTER OF A CONDITIONAL USE PERMIT )
TO HOUSE A DEPENDENT RELATIVE IN TEMPORARY )
QUARTERS. (CUE -8-87);)
FINDINGS, CONCLUSIONS
AND DECISION
SUMMARY OF APPLICATION:
The applicant seeks to house Fern M. Bowen, a dependent relative, on the
property in a single wide manufactured home, in a location close by his
residence. Sections 4.04.170 jj and 4.24.560 of the Spokane County Zoning
Ordinance requires a conditional use permit. Authority to consider and grant
such a request exists pursuant to Sections 4.03.010 19 G., 4.24.010 and
4.24.560 of the Spokane County Zoning Ordinance.
LOCATION:
The property is generally located east of Spokane, north of and adjacent to
Sprague Avenue in the Greenacres area of the Spokane Valley, in the SE 1/4 of
Section 18, Township 27, Range 45. The Assessor's parcel number is
18554-3311. The property is addressed as E. 18105 Sprague Avenue, Greenacres,
Washington.
DECISION OF THE ZONING ADJUSTOR:
Based upon the evidence presented and circumstances associated with the
project proposal, the Zoning Adjustor APPROVES the conditional use permit for
Manny J. Eres to house Fern M. Bowen in a manufactured home located on the
subject property.
PUBLIC HEARING:
After examining all available information on file with the application and
visiting the subject property and surrounding area, the Zoning Adjustor
conducted a public hearing on May 19, 1987, rendered a verbal decision on May
19, 1987, and a written decision on May 26, 1987.
FINDINGS OF FACT
1. The proposal is generally located east of Spokane, north of and
adjacent to Sprague Avenue in the Greenacres area of the Spokane Valley, in
the SE 1/4 of Section 18, Township 25, Range 45 and is further described as
Assessor's parcel number 18554-3311, being rnore completely described in Zoning
Adjustor file number CUE -8-87. The property is addressed as E. 18105 Sprague,
Avenue, Greenacres Washington.
2. The proposal consists of establishing a manufactured home, described
as a single wide 14 foot by 70 foot unit in the general northeasterly portion
of the property in order to house a dependent relative, Fern M. Bowen.
3. The adopted Spokane County Future Land Use Plan designates the area
of the proposal as Major Commercial and the proposal is consistent with the
County's entire Comprehensive Plan, including the Future Land Use Plan.
4. The site is zoned Agricultural which would allow the proposed use
upon approval of this application.
FINDINGS, CONCLUSIONS AND DECISION
CUE -8-87; Manny J. Eres
5. The existing land uses in the area of the proposal include small
residential lots and small acreage residential tracts, all of which are
compatible with the proposal.
6. The proposal is exempt from the provisions of Chapter 43.21C RCW
pursuant to WAC 197-11-800 (1) (c) (i) and Spokane Environmental Ordinance
11.10.070 (1) (a).
PAGE 2
7. The applicant has been made aware of the recommendations of various
County/State agencies reviewing this project and has indicated he can comply
with those recommendations.
8. The applicant has indicated he understood: (a) the limitations
imposed under the terms of Section 4.24.560 of the Spokane County Zoning
Ordinance; (b) that if the temporary residence is desired for more than one
year the application will have to be renewed; and (c) that a Title Notice will
be filed by Spokane County with the Auditor's Office regarding temporary
occupancy only by specific named parties.
9. The applicant has submitted the required form signed by a licensed
physician regarding the need for dependent care and sufficient need is found
to exist.
10. The applicant is advised that adjacent lands may at some time be used
as a pasture location, and the manufactured home may need to be appropriately
located to comply with local codes and regulations or for simple convenience
of the occupant.
11. No one appeared to oppose the proposal nor were any written comments
adverse to the proposal received.
12. The proper legal requirements for advertising of the hearing before
the Zoning Adjustor of Spokane County have been met.
13. Any conclusion hereinafter stated which may be deemed a finding
herein is hereby adopted as such.
From the Findings, the Zoning Adjustor comes to these:
CONCLUSIONS
1. The proposal is listed in the Spokane County Zoning Ordinance as a
conditional use allowed in the Agricultural zone and the proposal does meet
the established and applicable criteria described for that conditional use.
2. 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.
3. The proposal will not be detrimental to the Comprehensive Plan or the
surrounding properties.
4. 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.
5. Any finding hereinbefore stated which may be deemed a conclusion
herein is adopted as such.
DECISION
From the foregoing Findings and Conclusions, the Zoning Adjustor APPROVES
the proposal. The following CONDITIONS OF APPROVAL ARE STIPULATED.
FINDINGS, CONCLUSIONS AND DECISION
CUE -8-87; Manny J. Eres
PAGE 3
CONDITIONS OF APPROVAL
I. GENERAL
1. The following conditions shall apply to the applicant, owner and
successors in interest.
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 actions as are appropriate.
3. The Department of Building and Safety shall route the building permit
application to all of the agencies and offices of county government below
which are indicated as needing to give their authorization prior to the
release of a building permit. Upon reviewing the various plans returned
to the Department of Building and Safety by the other departments, the
department will consult with the Planning Department if there are any
changes resulting from review by the other departments when compared to
the plans as approved by the Planning Department. Such review may
necessarily result in a revision of the site plan for use by the
Department of Building and Safety or possibly a with -holding of the
building permit until any conflicts are resolved.
4. The manufactured home shall be located in substantial conformance with the
site plan on file in the Planning Department and any modifications of
proposed location shall only be authorized by the Zoning Adjustor prior to
the location and placement of the manufactured home at the site.
II. PLANNING DEPARTMENT
1. The manufactured home shall be: (a) a minimum of thirty-five (35) feet or
more in length and be at least eight (8) feet in width; (b) constructed in
accordance with State of Washington or Federal manufactured home
construction standards as evidenced by the attachment of an insignia; (c)
designed for transportation after fabrication on public streets and
highways on its own chassis and wheels; (d) skirted with a fire resistant
material; (e) connected to electric power, water supply and sewage
disposal facilities and other utilities as appropriate or necessary; and
(f) the unit shall not be permanently affixed to the land, except for
temporary connections to utilties.
2. The manufactured home shall be occupied by either the dependent relative
and family, or by the relative with family providing care to the dependent
relative owning and occupying the principal residence. The only persons
for whom this conditional use permit is valid are Manny J. or Carolleone
Eres and the dependent relative, Fern M. Bowen. The Zoning Adjustor is
authorized to make administrative adjustment in occupants as long as
dependency and relative relationship is establsihed with one of the above
persons.
3. Upon termination of the need for dependent relative care or the sale or
lease of the property, the applicant shall remove the manufactured home
from the site within forty-five (45) days.
4. A statement (Title Notice) shall be recorded by the Planning Department in
the County Auditor's Office stating that the manufactured home is
temporary and for the use of the named dependent relative(s) for which the
Conditional Use Permit is approved and that the manufactured home is not a
permanent structure to be transferred with the property if it is sold or
leased.
5. The temporary residence shall be "accessory" only to a parcel or tract of
land under the ownership or lease by the applicant for the Conditional Use
Permit.
FINDINGS, CONCLUSIONS AND DECISION
CUE -8-87; Manny J. Eres
PAGE 4
6. Only one temporary residence may be permitted on a lot, parcel or tract of
land under the ownership or lease by the applicant for the Conditional Use
Permit.
7. The permit shall be granted for a period of one year and may be renewed
administratively by the Zoning Adjustor or his/her designee upon the
recertification: (a) by a licensed physician that the medical problem
still exists; and (b) by the original applicant that the need still exists.
8. The renewal period shall be the first day of the month occurring after 12
entire months pass since the date of this decision (June 1, 1988).
9. The manufactured home shall be located in substantial conformance with the
site plan on file in the Planning Department and any modifications of
proposed location shall only be authorized by the Zoning Adjustor prior to
the location and erection at the site.
III. DEPARTMENT OF BUILDING & SAFETY
None is applicable.
IV. UTILITIES DEPARTMENT
1. Pursuant to the Board of County Commissioners Resolution No. 80-0418, the
use of on-site sewer disposal systems is hereby authorized. This
authorization is conditioned on compliance with all rules and regulations
of the Spokane County Health District and is further conditioned and
subject to specific application approval and issuance of permits by the
Health Officer.
2. 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 the 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.
3. Any water service for this project shall be provided in accordance with
the Coordinated Water System Plan for Spokane County, as amended.
IV. HEALTH DISTRICT
1. Sewage disposal 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 and Health
Services.
4. Subject to specific application approval and issuance of permits by the
Health Officer, the use of an individual on-site sewage system maybe
authorized.
VI. ENGINEERING DEPARTMENT
None is applicable.
FINDINGS, CONCLUSIONS AND DECISION
CUE -8-87; Manny J. Eres
NOTICE: PENDING COMPLETION OF ALL CONDITIONS OF APPROVAL WHICH NEED TO BE
COMPLETED PRIOR TO PERMIT ISSUANCE, PERMITS CAN BE RELEASED PRIOR TO THE LAPSE
OF THE (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.
PAGE 5
DATED THIS2(/ DAY OF
FILED:
1)
2)
3)
4)
5)
6)
7)
, 1987.
1
Thomas G. Mosh
Zoning Adjust
Washington
ICP
Spokane County
Applicant
Parties of Record
Spokane County Engineering Department
Spokane County Health District
Spokane County Utilities Dept.
Spokane County Dept. of Building & Safety
Planning Dept. 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, N. 721 JEFFERSON ST., SPOKANE,
WA 99260. (Sections 4.25.090 and 4.25.100 of the Spokane County Zoning
Ordinance).
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Spokane County
Department of Building & Safety
Tom Mosher, Zoning Adjustor
TO -
Spokane County planning Department
FROM Tom Davis, Code Compliance Coordinator
Department of Building and Safety
DATE: May 6, 1987
RE CUE -8-87
JAMES L. MANSON, DIRECTOR
CODE JURISDICTION:
T
he following codes are the sole jurisdictional rresa�inibtrat of
thee Department of Building and Safety
fointerpretation, and enforcement.
a) Uniform Building Code - 1985 edition
b) Uniform Fire Code - 1985 edition
c) Spokane County Building Regulations - Title 3 of the Spokane
County Code
DEPARTMENT FINDINGS:
1. In accordance with Section 301 of the Uniform Building Code,
all buildings and structures including
the mobile
ishnces of ana
fences over six feet in height requires and Safety.
building permit by the Department of Building
2. Project is located within Fire District No. 1.
3. Address for this property is East 18105 Sprague Avenue.
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