Loading...
HomeMy WebLinkAbout1988, 10-31 Zoning Adjustor Findings ZONING ADJUSTOR SPOKANE COUNTY, WASHINGTON IN THE MATTER OF A CONDITIONAL USE PERMIT ) FOR A TEMPORARY MANUFACTURED HOME TO ) FINDINGS, HOUSE A DEPENDENT RELATIVE [CUE-10-88] ) CONCLUSIONS DENNIS W. WHARTON ) AND DECISION COMPANION FILES: NONE ) SUMMARY OF APPLICATION: The applicant wishes to house a dependent relative, Emma S. Coop, in a temporary manufactured home, located on the subject property. Sections 4.04.170 JJ. and 4.24.560 of the Spokane County Zoning Ordinance requires a Conditional Use Permit be issued for this use. Authority to consider and grant such a request exists pursuant to Sections 4.03.020 (Dependent Relative), 4.24.010 and 4.24.560 of the Spokane County Zoning Ordinance. PROJECT LOCATION: The parcel is located in the Spokane Valley, north of and adjacent to Valley Way and west of Conklin road in the SW V4 of Section 13, Township 25N, Range 44EWM. The Assessor's parcel number is 13543-0835. The property is addressed as East 16211 Valley Way. DECISION SUMMARY OF THE ZONING ADJUSTOR: Based upon the evidence presented and circumstances associated with the project proposal, the Zoning Adjustor APPROVES the application as set forth below. OPPONENTS OF RECORD: None 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 October 12, 1988, rendered a verbal decision on October 12, 1988 and rendered a written decision on ce,t t ...)31)1988. FINDINGS OF FACT 1. The project location is as set forth above under PROJECT LOCATION. 2. The proposal consists of the applicant's desire to house his mother in a manufactured home on the subject parcel. The parcel is presently about three hundred fifty (350) feet deep by eighty (80) feet wide, fronting on the south on Valley Way. other parcels abut the property on the remaining sides. The lot presently contains a site-built single-family dwelling unit, a garage and an outbuilding behind the garage, as shown on the site plan marked "Approved 10/13/88 tgm." The manufactured home is presently located on the site and not installed as a dwelling unit at this time. The dwelling unit appears well screened from the dwelling units to the east by vegetation. There are no dwelling units immediately to the west. The applicant proposes to extend the present water line which is tapped off near the outbuilding and has worked out suitable arrangements with the water purveyor. The applicant proposes a second septic tank for the purpose of serving the temporary manufactured home only. The proposed manufactured home is approximately two hundred fifteen (215) feet from the present roadway, but the existing driveway could take an emergency vehicle (fire truck) to within one hundred twenty-five (125) feet of the manufactured home. 3. 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). CASE NO. CUE-10-88 SPOKANE COUNTY ZONING ADJUSTOR PAGE 2 4. 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. 5. The proposed site plan indicates that setbacks, parking and height of the structure(s) will conform to the Spokane County Zoning Ordinance. 6. 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 (3) that a Title Notice will be filed by Spokane County with the Auditor's office regarding temporary occupancy only for specific named parties. 7. The applicant has submitted the required form signed by a licensed physician or its equivalent regarding the need for dependent care and sufficient need is found to exist. 8. No one appeared to oppose the proposal nor were any written comments adverse to the proposal received. There are no opponents of record. 9. The proper legal requirements for advertising of the hearing before the Zoning Adjustor of Spokane County have been met. 1 0. Spokane County Comprehensive Plan has established the Arterial Road Plan. The Arterial Road Plan calls for an eventual seventy (70)-foot-wide right-of-way with a twenty-five (25)-foot set back for Valley Way. The present right-of-way is forty (40) feet wide. 1 1 . The applicant and the Zoning Adjustor discussed at what point the temporary manufactured home would be considered "unoccupied" from the standpoint of triggering the forty-five (45)-day removal period. The Zoning Adjustor advised that his interpretation would be that point at which the dwelling unit was clearly no longer needed by the named occupants; that is, nonpermanent visitations or stays in extended care nursing home facilities, etc., would not cause the triggering of the forty-five (45)-day removal period. 1 2. 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 . Compliance with the Arterial Road Plan requires that up to an additional fifteen (15) feet of the south portion of the subject property be reserved for future right-of-way acquisition. The Arterial Road Plan also specifies a twenty-five (25)-foot building setback from the edge of the expanded future right-of-way. This in effect establishes a forty (40)-foot building setback from the existing property line. 2. 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. 3. 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. 4. The proposal will be detrimental neither to the Comprehensive Plan nor to the surrounding properties. 5. 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. 6. Any finding hereinbefore stated which may be deemed a conclusion herein is adopted as such. CASE NO. CUE-10-88 SPOKANE COUNTY ZONING ADJUSTOR PAGE 3 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. 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 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. 4. If the Zoning Adjustor believes there are extenuating circumstances associated with this permit, he may cause there to be a public hearing and reconsideration of the permit; the expense shall be that of the County if such reconsideration takes place. 5. The Building and Safety Department shall assist in coordination of this decision by routing building permit application(s) to the various departments and agencies which participate in or take actions to ensure that various required written documents have been executed and filed. II. PLANNING DEPARTMENT 1 . A Title Notice shall be filed with respect to the up-to-fifteen (15) feet of reserved future right-of-way and the increased front yard setback due to the additional reserved right-of-way (a setback of 40'-0" from the present property line). This document shall be signed by the applicant and notarized and filed by the Planning Department. 2. This parcel shall not be further subdivided unless consistent with RCW 58.17, the various county subdivisions regulations and the Spokane County Comprehensive Plan for the area. 3. 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 utilities. 4. The manufactured home shall be occupied either by the dependent relative and family or by the relative with family providing care to the dependent relative owning and occupying the principal residence. 5. 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. 6. 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 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. 7. 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. CASE NO. CUE-10-88 SPOKANE COUNTY ZONING ADJUSTOR PAGE 4 8. 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. 9. The renewal period shall be the first day of the month occurring after 12 entire months pass since the date of this decision (November 1, 1989). 1 0. 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 expense shall be that of the County if such reconsideration takes place. 1 1 . The manufactured home shall be located in substantial conformance with the site plan on file in the Planning Department, and any modification of proposed location shall only be authorized by the Zoning Adjustor prior to location and erection at the site. III. DEPARTMENT OF BUILDING & SAFETY 1 . The Building and Safety Department shall assist in coordination of this decision by routing building permit application(s) to the various departments and agencies which participate in or take actions to ensure that various required written documents have been executed and filed. 2. The applicant shall contact the Department of Building and Safety at the earliest possible stage of design/development.in order to be informed of Code Requirements administered/enforced by the Department (e.g., state Building Code Act regulations such as requirements for fire hydrant/flow, fire apparatus access roads, private road designation/naming, street address assignment, building/demolition permits and general coordination with other aspects of project implementation). 3. The Department shall "flag" this property and take note of the modified setback set forth in the Planning Department Condition 11.1. above. IV. UTILITIES DEPARTMENT 1 . 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 petition shall include 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 objecting 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. 2. Pursuant to 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. 3. Any water service for this project shall be provided in accordance with the Coordinated Water System Plan for Spokane County, as amended. V. 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 may be authorized. • CASE NO. CUE-10-88 SPOKANE COUNTY ZONING ADJUSTOR PAGE 5 VI. ENGINEERING DEPARTMENT 1 . The applicant is advised that the local fire district should be contacted to ensure that Spokane County Fire District No. 1's standards for firefighting and emergency medical service access are met. VII. SPOKANE COUNTY FIRE PROTECTION DISTRICT NO.1 1 . The District shall cooperate as needed with the Department of Building and Safety to ensure that adequate emergency medical service and firefighting apparatus access is accomplished via the private road. 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 TEN (10)-DAY APPEAL PERIOD. HOWEVER,THE COUNTY HAS NO LIABILITY FOR EXPENSES AND INCONVENIENCE INCURRED BY THE APPUCANT IF THE PROJECT APPROVAL IS OVERTURNED OR ALTERED UPON APPEAL DATED thiel, -3/ 1988. Thoma •sher, AICP Z• • Adjustor Spokane -• nty, Washington FILED: 1 ) Applicant 2 ) Parties of Record 3 ) Spokane County Engineering Department 4 ) Spokane County Health District 5 ) Spokane County Utilities Department 6 ) Spokane County Department of Building and Safety 7 ) Spokane County Fire Protection District No.1 8 ) Planning Department Cross-reference File and/or Electronic File NOTE: ONLY THE APPUCANT 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) TGM/rp