2004, 07-28 NonConforming Use Settlement Agreement TRUNKENBOLZ ROHR !TLC
PAMELA H.ROHR JERRY L. TRUNKENBOLZ(RET.)
LICENSED IN WA 1.509.928.4100
phr@trlaw-spokane.com RESPOND TO: SPOKANE
TRANSMITTAL LETTER
Date: July 28, 2004
To: Cary Driskell
City of Spokane Valley
11707 E Sprague Ave., Ste. 106
Spokane Valley, WA 99206
Re: Harold & Tina Zeutschel
Enclosed please find the following:
• Signed "Settlement Agreement NonConforming Use" in the above-referenced matter
for your files.
Please do not hesitate to call if you have any questions. Thank you.
Sincerely,
TRUNKENBOLZ ROHR PLLC
L URAE M. LONG
Legal Assistant to PAMELA H. ROHR
Enclosure
PHR\Zeutschel\Driskel 1072804
SPOKANE OFFICE- 12704 EAST NORA,SPOKANE,WA 99216;PH.509.928.4100;FAX 509.926.6314
COEUR D'ALENE OFFICE-2101 LAKEWOOD DRIVE,#224,COEUR D'ALENE,ID 83814
PH. 208.769.7100
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11707 E Sprague Ave Suite 106 ♦ Spokane Valley WA 99206
509.688-0053 ♦ Fax: 509.921.1008 ♦ cityhall@spokanevalley.org
SETTLEMENT AGREEMENT
NONCONFORMING USE
Harold E. and Tina M. Zeutschel (Zeutschels) own real property commonly known as
19204 Sprague Ave., Spokane Valley, Washington (hereinafter `subject property');
Parcel Number 55202.0121; current zone UR 3.5.
FACTS
Since 1964 the owners of the subject property have stabled equines. At that time the
property was zoned as Agricultural property. In 1991, the zoning was changed to UR
3.5, which does not allow the keeping of large animals. The evidence shows that at least
two horses were kept at the subject property from 1964 until 1994, when Gary and Sherri
Winchester purchased the property.
From January 1994 to March of 2002 Gary and Sherri Winchester were the owners of the
subject property. During that time they kept two horses on their property. When
Zeutschels purchased the subject property in March of 2002, they continued the use of
the property for the purpose of stabling their horses. Zeutschels kept more than two
horses on the subject property.
On March 31, 2003, Spokane Valley incorporated as a new city. The City Council for
Spokane Valley adopted the Spokane County Zoning Code as its Interim Zoning Code,
including all provisions applicable in this matter.
On May 28, 2004 a corrected Notice of Violation was sent from the City of Spokane
Valley to the Zeutschels claiming that the conditions at the subject property are in
violation of the City of Spokane Valley's Interim Zoning Code. Zeutschels responded
with documentation including maps, photographs, and affidavits establishing that horses
had been kept on the subject property since 1964.
INTERIM ZONING CODE
The subject property is currently zoned UR 3.5. Under UR 3.5 a property owner may not
keep large animals. SVZC 14.508. However, SVZC Chapter 14.508.040 allows large
animals to be kept on property zoned UR 3.5 where such animals were kept on the
subject property prior to the change in the Zoning Code. In such instances, the keeping
of otherwise prohibited animals is considered a nonconforming use.
A nonconforming use is a use that was lawfully established and in existence before the
effective date of an amendment to the City of Spokane Valley zoning regulations, which
amendment presently limits or prohibits that use on the property. The term
"nonconforming use"refers to an actual use established on the property and not a use that
could have been established under the prior zoning.
Nonconforming rights to keep large animals on re-zoned property are lost if the property
owner: 1) discontinues the keeping of large animals for a period of one year or more
coupled with overt acts evidencing such an intent; and/or 2) the present parcel is divided
into two or more parcels so that the property no longer meets the minimum area
requirements for the keeping of animals.
AGREEMENT
The stabling of horses was lawfully established and in existence before the effective date
of the amendment to the City of Spokane Valley zoning regulations. Between 1964 and
2001, the previous owners of the subject property kept at least two horses on the subject
property. Therefore, the non-conforming use is approved for the keeping of no more than
two horses as defined by SVZC section 14.300.100. An accessory use of keeping horses
in a fenced enclosure is the use of an electric fence.
DATED THIS 247 day of July, 2004.
CITY OF SPOKANE VALLEY
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MARINA SUKUP ° 'OLD E. ZEUTSCHEL
Community Development Director
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TINA M. ZEUTe