1987, 06-22 VE-44-87 Zoning Adjustor FindingsZONING ADJUSTOR
SPOKANE COUNTY, WASHINGTON
IN THE MATTER OF A VARIANCE FROM FLANKING )
STREET SETBACK REQUIREMENTS. )
ROBERT BLY (VE -44-87);)
FINDINGS, CONCLUSIONS
AND DECISION
SUMMARY OF APPLICATION:
The applicant is requesting a variance to allow an attached garage to be
located approximately 1 foot - 2 inches from the flanking street property
line, whereas Section 4.04A.090 of the Spokane County Zoning Ordinance
requires a 20 foot setback from the flanking street property line. Authority
to consider and grant such a request exists pursuant to Section 4.25.030 b. of
the Spokane County Zoning Ordinance.
LOCATION:
Located on the southeast corner of St. Charles Street and 2nd Avenue in
Carter's Addition in the NE 1/4 of Section 23, Township 25, Range 44. The
address is S. 207 St. Charles Street.
DECISION OF THE ZONING ADJUSTOR:
Based upon the evidence presented and circumstances associated with the
project proposal, the acting Zoning Adjustor APPROVES the application for a
variance to allow an attached garage to be located 1 foot - 2 inches from the
flanking street property line.
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 June 18, 1987, rendered a verbal decision on
June 22, 1987, and a written decision on June 24, 1987.
FINDINGS OF FACT
1. The proposal is generally located on the southeast corner of St.
Charles Street and 2nd Avenue in Carter's Addition in the NE 1/4 of Section
23, Township 25, Range 44. The address is S. 207 St. Charles Street and is
further described as Assessors Parcel #23541-3301, being more completely
described in Zoning Adjustor File #VE -44-87.
2. The proposal consists of a request to allow an attached garage to be
located 1 foot - 2 inches from the flanking street property line.
3. The adopted Spokane County Future Land Use Plan designates the area
of the proposal as Urban and the proposal is consistent with the County's
entire Comprehensive Plan, including the Future Land Use Plan. The Major
Commercial category lies approximately 250 feet to the north.
4. The site is zoned (R-1) single family residential which would allow
the proposed use upon approval of this application.
5. The existing land uses in the area of the proposal include single
family residential and associated outside storage of recreational vehicles,
firewood and other miscellaneous materials, all of which are compatible with
the proposal.
FINDINGS, CONCLUSION AND DECISION PAGE 2
VE -44-87; Robert Bly
6. That the site is located approximately 190 feet south of the
abandoned rail road right-of-way which is to become a Major Transportation
Corridor with high vilumes of traffic in the future. The addition of a garage
will help to buffer potential noise and maintain the quality residential
character established within this area.
7. That when this area was platted, 2nd Avenue was designed with a curve
to the south, thus reducing the north/south width of the subject site by
approximately 30 feet. This creates a hardship on the site.
8. That the existing drainfield is located in the rear yard area and an
existing fence is located along 2nd Avenue further limiting the potential
areas to locate a residential garage.
9. That the proposed garage location does not interfere with the
County's "Clear -View Triangle" and in fact, with a garage, the parking of
vehicles within the front yard area will be eliminated which further enhances
the clear view triangle.
10. The applicant stated at the public hearing that his recreation
trailer will be relocated and maintained in the rear yard area which will
resolve a storage concern of the Zoning Adjustor.
11. That a letter from Dean C. Fuehre, the property owner to the east,
was submitted at the public hearing indicating favor to the variance request
and a desire that a detached garage within the applicant's rear yard not be
required as it will detract from the neighbor's view.
12. Any finding hereinbefore stated which may be deemed a conclusion
herein is adopted as such.
From the Findings, the acting Zoning Adjustor comes to this:
DECISION
From the foregoing Findings and Conclusions, the Zoning Adjustor APPROVES
the proposal. The following CONDITIONS OF APPROVAL ARE STIPULATED.
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.
II. PLANNING DEPARTMENT
1. That the attached garage be developed in conformance with the site plan in
file VE -44-87 and be located no closer than one (1) foot 2 (two) inches
from the flanking street property line.
2. That the "Clear -View Triangle" be maintained free of any vehicle or other
obstructions that may interfere with traffic safety.
FINDINGS, CONCLUSION AND DECISION PAGE 3
VE -44-87; Robert Bly
III. DEPARTMENT OF BUILDING & SAFETY
1. In accordance with Section 301 of the Uniform Building Code all buildings
and structures, including mobile homes and fences over six (6) feet in
height, require the issuance of a building permit by the Department of
Building & Safety.
None is applicable.
None is applicable.
None is applicable.
IV. UTILITIES DEPARTMENT
V. HEALTH DISTRICT
VI. ENGINEERING DEPARTMENT
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.
DATED THIS 24th DAY OF JUNE, 1987.
FILED:
1)
2)
3)
4)
5)
6)
7)
Steve Hov4obiowski
Acting Zoning Adjustor
Spokane County
Washington
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).
0003z/6-87
Spokane County
Department of Building & Safety
JAMES L. MANSON, DIRECTOR
TO - Jeannie Heinen, Zoning Adjustor Secretary
Planning Department
Tom Davis, Code Compliance Coordinator
Department of Building and Safety
DATE: June 24, 1987
RE : June 18, 1987 Hearing
Please accept our apologies for not submitting our comments
regarding the June 18th agenda in a timely manner.
As reported to you by phone on June 23, 1987, our requirements
for the agenda items are as follows:
1. VE -43-87
A. In accordance with Section 301 of the Uniform Building
Code, all buildings and structures including mobile homes
and fences over six feet in height requires the issuance of
a building permit by the Department of Building and Safety.
2. VE -44-87
A. In accordance with Section 301 of the Uniform Building
Code, all buildings and structures including mobile homes
and fences over six feet in height requires the issuance of
a building permit by the Department of Building and Safety.
3. CUW-17-87
A. In accordance with Section 301 of the Uniform Building
Code, all buildings and structures including mobile homes
and fences over six feet in height requires the issuance of
a building permit by the Department of Building and Safety.
4. CUE -18-87
A. In accordance with Section 301 of the Uniform Building
Code, all buildings and structures including mobile homes
NORTH 811 JEFFERSON
•
SPOKANE, WASHINGTON 99260.0050
•
TELEPHONE (509) 456-3675
Jeannie Heinen Memorandum
June 24, 1987
Page 2 of 2
and fences over six feet in height requires the issuance of
a building permit by the Department of Building and Safety.
5. VE -47-87
A. No comment.
Should you need additional information, please call.
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