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1990, 06-21 Variance Findings of Fact S , 12,2-+ C/? ( C. ZONING ADJUSTOR SPOKANE COUNTY, WASHINGTON IN THE MATTER OF A VARIANCE FROM ) STANDARD OF A MINIMUM FRONTAGE ) FINDINGS OF FACT, ON A PUBLIC ROAD ) CONCLUSIONS, [VE-27-90] LOGAN JORGENS ) AND DECISION COMPANION FILES: CE-114-90(A-C) ) ADDRESS: East 12516 12th PARCEL NUMBER: 22543-9095 APPLICATION DESCRIPTION: The applicant proposes to readjust several property boundaries for residential purposes (reference CE-114-90),resulting in one parcel being landlocked and having 0 feet of frontage on a public road whereas; section 4.05.040 b. of the Spokane County Zoning Ordinance requires a minimum of 65 feet of frontage on a public road. Authority to consider such a request exists pursuant to Section 4.25.030 b.of the Spokane County Zoning Ordinance. PROJECT LOCATION: Generally located approximately 134 feet west of Virginia Street and approximately 1.50 feet south of 12th Avenue, in the he SW 1/4 of Section 22, Township 25N, Range 44 EWM, Spokane County, Washington. OPPONENTS OF RECORD: NONE 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 May 23, 1990, and the Zoning Adjustor rendered a written decision on June , 1990. FINDINGS OF FACT AND CONCLUSIONS 1. The proposal is generally described above. The action by the applicant to establish several parcels, and particularly the one which is the subject of this application,is with the intention of preparing a larger ownership of land for eventual subdivision. The creation of this particular landlocked parcel will locate it on a future public road. In fact, the County Engineer's recommended that a Tract "X"Future Public Road be extended to this parcel of land from the south on the extension of Vercler Road. At a later time 13th Avenue will be extended from the west to front on the south side of the subject parcel. In the meantime, the applicant will maintain a larger ownership adjacent to his current residence. In this respect the current proposal establishes an opportunity for the effective,efficient development of this areaat some point in the future. 2. The adopted Spokane County Comprehensive Plan designates the area of the proposal as Urban. The proposed uses are generally consistent with this category. 3. The site is zoned Agricultural Suburban, which allows the proposed use upon approval of this application. • CASE NO. VE-27-90 SPOKANE COUNTY ZONING ADJUSTOR PAGE 2 4. The existing land uses in the area of the proposal include residential development of several types, all of which are compatible with the proposal. 5. The proposal is exempt from the provisions of the Washington State Environmental Policy Act, Chapter 43.21C RCW pursuant to WAC 197-11-800(6) (b). 6. The applicant has been made aware of the recommendations of various County agencies reviewing this project and has indicated those recommendations are acceptable. 7. The proper legal requirements for advertising of the hearing before the Zoning Adjustor of Spokane County have been met. 8. No adverse testimony or written comments were received regarding the proposal. 9. With the conditions of approval set forth below, the variance will: a) not constitute a grant of special privileges inconsistent with limitations on other properties in the vicinity and similar zone; b)ensure that the intent and purpose of the Zoning Ordinance is achieved with regard to location, site design, appearance, and landscaping,etc; and c)protect the environment,public interest and general welfare. 10. The requirement of the Spokane County Zoning Ordinance/Code for a minimum frontage on a public road is for the purpose of ensuring that each useable parcel of land has available to it the necessary public services of snowplowing, school bus access and a well maintained, all-weather road, to ensure the delivery of emergency medical service and tire apparatus consistent with the 911 Emergency Response System. 11. The file indicates the applicant may not have filed the proper segregation application in the County Assessor's Office in order to legally create a tax parcel and identification number for the subject property. The applicant is advised to segregate the land into the parcels at least prior to building permit applications on each parcel of land, as any approvals received:i n the Planning Department do not establish a separate taxing parcel and tax number. Failure to complete and file a segregation application will cause confusion to the applicant,if not unanticipated expenses and delay. 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. 13. In anticipation of 13th Avenue extending easterly from Houk Road, the south property line of the lot in question shall be considered the front property line and the front yard setback shall therefore be set at 30 feet. DECISION From the foregoing Findings and Conclusions, the Zoning Adjustor APPROVES the proposal, subject to compliance with the following CASE NO. VE-27-90 SPOKANE COUNTY ZONING ADJUSTOR PAGE 3 CONDITIONS OF APPROVAL The following conditions shall apply to the applicant,owner and successors in interest and shall run with the land. I. PLANNING DEPARTMENT 1. The front yard area shall be from the south property line to a line 30 feet north of that property line. 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. Prior to the issuance of any building permits, the applicant shall file with the Planning Department a copy of the segregation application necessary to recognize the subject property as an individual tax parcel,except that this condition shall not apply if the parcel is presently established with a parcel number. 4. The east and west property lines shall be considered side property lines and the north property line shall be considered a rear property line. II. DEPARTMENT OF BUILDING & SAFETY 1. Requirements of Fire District No. 1 need to be satisfied during the building;permit process. 2. The Department shall take into account the front, side and rear setback locations as identified under the Planning Department Conditions of Approval. III. UTILITIES DEPARTMENT 1. Any water service for this project shall be provided in accordance with the Coordinated Water System Plan for Spokane County, as amended. 2. The applicant will make connection to the public sewer system and a sewer connection permit is required. IV. HEALTH DISTRICT 1. Sewage disposal method shall be as authorized by the Director of Utilities, Spokane County. CASE NO. VE-27-90 SPOKANE COUNTY ZONING ADJUSTOR PAGE 4 2. Water service shall be coordinated through the Director of Utilities Spokane County. 3. Water service shall be by an existing water supply when approved by the Regional Engineer(Spokane), State Department of Social&Health Services. 4. A public sewer system will be made available for the project and individual service will be provided to the lot prior to sale. Use of an individual on-site sewage disposal system shall not be authorized. V. SPOKANE COUNTY ENGINEER'S OFFICE 1. The County Engineering Department has determined that the private roadway easement serving the parcel(s) should be designated as a Tract "X" Future Public Right-of-Way Tract. In order to accomplish this,the applicant must sign "Spokane County Notice To The Public No. 1." This must be done prior to the release of a building permit. This document specifies the following: A) The private road shall be constructed in accordance with Spokane County standards for Future Public Right-of-Way Tract "X." B) Should Spokane County be requested to create a Road Improvement District for the purpose of improving the private road easement to a public road standard, the applicant agrees to deliver to Spokane County the right-of-way necessary for a public road. C) The applicant agrees to join in and not oppose the creation of a Road Improvement District(RID)or County Road Project created for the purpose of improving the private roadway to a public road standard. D) Serves notice to future property owners that Spokane County is not responsible for private roadway construction, maintenance, snow removal or any other services on the private road. 2. The private road must be named and signed in accordance with the provisions of Spokane County road standards. 3. An approach permit must be obtained from the County Engineer prior to the construction of any new driveway approaches. This must be done prior to the release of a building permit. 4. Prior to the release of a building permit or issuance of an approach permit, the applicant shall submit road and drainage plans to the County Engineering Department for review and approval. Road and drainage plans shall be prepared in compliance with Spokane County Road and Drainage Standards. 5. Applicant shall sign and record Spokane County Notice to the Public No. 6 which specifies the following: CASE NO. VE-27-90 SPOKANE COUNTY ZONING ADJUSTOR PAGE 5 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 Road Improvement District (RID) by the petition method pursuant to Chapter 36.88 RCW, which petition includes the owner(s) property,and further not to object, by the signing of a ballot, the formation of a RID by the resolution method pursuant to Chapter 36.88 RCW, which resolution includes the owner(s)property. If an RID is formed by either the petition or resolution method, as provided for in Chapter 36.88 RCW, the owner(s) or successor(s) further agree: (1) that the improvement or construction contemplated within the proposed RID is feasible; (2) that the benefits to be derived from the formation of the RID by the property included therein,together with the amount of any County participation, exceeds the cost and expense of formation of the RID; and (3) that the property within the proposed RID is sufficiently developed. Provided further that the owner(s) or successor(s) shall retain the right, as authorized under RCW 36.88.090, to object to any assessment on the property as a result of the improvements called for in conjunction with the formation of the RID by either petition or resolution method under Chapter 36.88 RCW. This requirement applies to Vercler Road from which the subject parcel takes access. 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 APPLICANT IF THE PROJECT APPROVAL IS OVERTURNED OR ALTERED UPON APPEAL. DATED this a I day of June, 1990. ,/ • THOMAS Sl. +OSHER, AICP Zoning'Ad' tor Spokane County, Washington FILED: 1) Applicant(Certified/Return Receipt Mail) 2) Parties of Record 3) Spokane County Engineer's Office 4) Spokane County Health District 5) Spokane County Utilities Department 6) Spokane County Department of Building& Safety 7) Spokane County Fire Protection District No. 1 8) Planning Department Cross-reference File and/or Electronic File CASE NO. VE-27-90 SPOKANE COUNTY ZONING ADJUSTOR PAGE 6 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,NORTH 721 JEFFERSON STREET, SPOKANE, WA 99260 (Sections 4.25.090 and 4.25.100 of the Spokane County Zoning Ordinance).