HomeMy WebLinkAbout1995, 03-16 Findings of Fact Re: Private Cat Kennel ZONING ADJUSTOR
SPOKANE COUNTY, WASHINGTON
IN THE MATTER OF A CONDITIONAL ) FINDINGS OF FACT,
USE PERMIT FOR A PRIVATE KENNEL ) CONCLUSIONS,
FOR CATS ) AND DECISION
FILE: CUE-30-94
APPLICANT: Mildred A. or Lynn B. Forbes
COMPANION FILE(S): CE-902-94
APPLICATION DESCRIPTION: The applicant proposes to establish a kennel operation to
house no more than 10 adult cats. Authority to consider such a request exists pursuant to section
14.404.100 of the Zoning Code of Spokane County and Spokane County Board of County
Commissioners resolution No. 89 0708, as may be amended.
PROJECT LOCATION: Generally located in the Spokane Valley,north of and adjacent to
Valley Way approximately 825 feet east of McDonald Road and on the northeast corner of McCabe
Road and Valley Way Avenue, in the SE 1/4 of Section 15,Township 25N,Range 44EWM;
13321 E. Valley Way. Parcel No.: 45154.1006.
OPPONENTS OF RECORD:
Jeannine Fritz Grace Graham W.T. Cleveland
Bonnie Schilter Allan E.Hanson
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
February 8, 1995,the Zoning Adjustor rendered a written decision on March !G , 1995 to
APPROVE the application. THIS IS SPECIFICALLY A CAT KENNEL; but,household pet
dogs,up to the legal Zoning Code limit, are not considered as part of the kennel.
FINDINGS OF FACT AND CONCLUSIONS
1. Testimony was taken under oath.
2. The proposal is described above and detailed in documents contained in the file;more
particularly:
a. Two household dog pets are not considered part of this kennel operation.
b. There is no outside kenneling of cats. The cast are maintained in a near sanitary
environment inside of the house. The cats are purebred,Persian cats. They are infrequently
bred and the kittens are nearly always pre-sold at time of birth.
c. There is no outward appearance that there is a cattery contained within the house.
d. Solid animal waste is disposed of by flushing in the toilet system and the residual
kitty "litter"material is dispersed to the horse corral on the same property.
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CASE NO. CUE-30-94 SPOKANE COUNTY ZONING ADJUSTOR PAGE 2
e. All of the cats are kept in the house at all times.
f. The driveway allows for up to 6 off-street parking spaces.
g. There are no signs planned nor intended for use of the site.
h. The applicant has raised Persian cats at the site; although,in less number than
would trigger a private kennel application.
3. The adopted Spokane County Comprehensive Plan designates the area of the proposal
as Urban. The proposal is generally consistent with Urban category of the Comprehensive Plan
and complies with RCW 36.70.450.
4. The site is zoned Urban Residential-3.5 (UR-3.5), which allows the proposed use
upon approval of this application.
5. The existing land uses in the area of the proposal include residential. The proposal will
not be detrimental to the surrounding or adjacent properties.
6. The proposal is exempt from the provisions of the Washington State Environmental
Policy Act, Chapter 43.21C RCW,pursuant to WAC 197-11-800 (1) (1) (iii) and the Spokane
Environmental Ordinance 11.10.070 (1) (c).
7. Adverse testimony or written comments were received regarding the proposal. Several
persons expressed concern that there would be an increase in number of outdoor cats and the sort
of problems that stem from that issue;including,increased number of cats,odor, allergies,
predatory action against birds,etc. Other concerns expressed seemed to have to do with increased
business and automobile activity in the area. (NOTE: Valley Way is a collector arterial and will be
slated for increasingly larger amounts of traffic in the future,regardless of the location of a cattery
at this dwelling unit.) There was concern expressed for how the applicant will control the number
of cats and how the County Planning Department will enforce the limit the number of cats 10.
8. The proposal is listed in the Zoning Code of Spokane County as a conditional use
allowed in the UR-3.5 zone,and the proposal does meet the established and applicable criteria
described for that conditional use.
9. Spokane County Engineer's Office advises that the Spokane County Arterial Road Plan
identifies Valley Way as a future 70 foot wide collector arterial. The existing right-of-way width is
only 40 feet;not consistent with the criteria set forth in the plan. The County Engineer's Office is
not recommending any dedication of right-of-way at the present time; however,the applicant is
advised that a more significant land use action(than a cattery)would require 10 feet of right-of-
way dedication and 5 feet of future acquisition area to be held in reserve for the future widening of
Valley Way.
10. The proposal does not impose excessive demands on public utilities.
11. The applicant has been made aware of the recommendations of various County agencies
reviewing this project and has indicated those recommendations are acceptable.
12. 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.
HD/CUE-30.94 Forbes
CASE NO. CUE-30-94 SPOKANE COUNTY ZONING ADJUSTOR PAGE 3
13. 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.
14. The proper legal requirements for advertising of the hearing before the Zoning Adjustor
of Spokane County have been met.
DECISION
From the foregoing Findings of Fact 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, and shall not 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 Code
for Spokane County 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 by the Zoning Adjustor to be within the context of the
original decision.
II. PLANNING DEPARTMENT
1. The proposal shall comply with all applicable standards of section 14.616.240.5 of the
Zoning Code of Spokane County unless deviations,variances or exceptions have been lawfully
granted.
2. This permit expires on April 1, 1997, unless renewed under the following terms:
a. Approximately 30-45 days prior to expiration of this permit,the applicant may
apply for an extension of the permit or establishment as a perpetual permit(for the
applicant only).
b. Such fees as are required shall be collected by the Department at renewal.
c. A search of the records of complaints will be undertaken to see if complaints and/or
violation of the standards or conditions exist.
3. Both Mildred A.and/or Lynn B.Forbes have a right, as a result for this permit to
operate a private cattery for less than 11 Adult cats.
HD/CUE-30-94 Forbes
CASE NO. CUE-30-94 SPOKANE COUNTY ZONING ADJUSTOR PAGE 4
4. If the Zoning Adjustor believes there are extenuating circumstances associated with the
renewal of the permit,he/she may cause there to be a public hearing and reconsideration of the
permit; the notification expense shall be that of the county if such reconsideration takes place.
5. The Planning Department shall prepare and record with the Spokane County Auditor a
Title Notice noting that the property in question is subject to a variety of special conditions imposed
as a result of approval of a land use action. This Title Notice shall serve as public notice of the
conditions of approval affecting the property in question. The Title Notice should be recorded
within the same time frame as allowed for an appeal and shall only be released,in full or in part,by
the Planning Department. The Title Notice shall generally provide as follows:
The parcel of property legally described as is the
subject of a land use action by a Spokane County Hearing Body or Administrative
Official on , imposing a variety of special development conditions.
File No. is available for inspection and copying in the Spokane
County Planning Department.
III. DEPARTMENT OF BUILDINGS
None is needed.
IV. DIVISION OF UTILITIES
None is needed.
V. SPOKANE COUNTY HEALTH DISTRICT
1. The Spokane County Health District's Rules and Regulations for Solid Waste
Management and Handling address the disposal of wastes from animals in the following ways:
Section 1.06.200(2) (h j) On-Site Storage. Collection and Transportation Standards for
Solid Waste.
h. Disposal of wastes from household pets may be by burial,to the sanitary sewer system
if acceptable to the sewer operating entity,into a tied bag for collection as garbage,or
by other methods as approved by the District.
i. On-site storage and disposal of solid wastes from animal kennels, shelters,or stables
shall conform to the standards of this Section, and Sections 1.06.300 and .420, as
applicable.
j. Animal wastes shall not be collected,deposited,or allowed to remain in any place to the
prejudice of other persons as described in RCW 7.48.140. (1).
In regards to the wash-down waste water from cleaning the pen areas,there are no Spokane
County Health District permits required for its disposal. Consult with the Department of Ecology
for this generated waste water disposal. The kennel should be operated and maintained in a
manner so as to not create a nuisance.
HD/CUE-30-94 Forbes
CASE NO. CUE-30-94 SPOKANE COUNTY ZONING ADJUSTOR PAGE 5
VI. DIVISION OF ENGINEERING AND ROADS
1. The applicant is advised,for future reference,that a land use action of any significance
with respect to traffic impact would require 10 feet of additional right-of-way dedication and 5 feet
of future acquisition right-of-way area to be held in reserve for future widening of Valley Way.
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 O /' 'TURNED OR ALTERED UPON
APPEAL.
DATED this 0 day of March, 1995.
THO • S t MOSHER,AICP
•nin:Adjustor
Spok. e Co ; ty,Washington
FILED:
1) Applicant(Certified/Return Receipt Mail)
2) Opponents of Record
3) Spokane Division of Engineering and Roads
4) Spokane County Health District
5) Spokane County Division of Utilities
6) Spokane County Division of Buildings
7) Spokane County Small Animal Control
8) 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
$215.00 FILING FEE. APPEALS MAY BE FILED AT THE SPOKANE COUNTY PLANNING
DEPARTMENT,PUBLIC WORKS BUILDING,1026 WEST BROADWAY AVENUE,SPOKANE,WA 99260
(Section 14.412.042 of the Zoning Code for Spokane County). DEADLINE FOR APPEAL IS 5:00 PM
ON .
HD/CUE-30-94 Forbes