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1990, 12-19 Variance Findings of Fact ua (A)111-ga) ZONING ADJUSTOR SPOKANE COUNTY, WASHINGTON IN THE MATTER OF VARIANCE FROM ) MINIMUM LOT SIZE FOR A DUPLEX ) FINDINGS OF FACT, VE-88-90 MARK SODORFF BY ) CONCLUSIONS, BARBARA ALTMAIER ) AND DECISION COMPANION FILES: ST. MARY ADDITION ) ADDRESS: NONE ASSIGNED PARCEL NUMBER: 45232.0603 APPLICATION DESCRIPTION: The applicant purposes to locate a new duplex on a lot of 10,197 square feet; whereas, section 4.05.050 of the Spokane County Zoning Ordinance requires the minimum lot size for a duplex to be 11,000 square feet. Authority to consider such a request exists pursuant to section 4.25.030 b. of the Spokane County Zoning Ordinance. PROJECT LOCATION: Generally located in the east Spokane Valley, at the northeast corner of the intersection of Fifth Avenue and Warren Road in the NE 1/4 of Section 23, Township 25N, Range 44 EWM. OPPONENTS OF RECORD: Emory Wagner Charles J. Murphy 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 9qn December 5, 1990, and the Zoning Adjustor rendered a written decision on December /G� , 1990 to DENY the application. FINDINGS OF FACT 1. The applicant's lot is contained within a small subdivision named St. Mary Addition. The addition contains 18 lots,ranging in size from 10,500 square feet to 11,708 square feet. The subject parcel is 10,069 square feet. All of the lots in the subdivision have single family dwelling units on them with the exception of one immediately to the west of the subject parcel (a duplex,corner lot and 11,580 square feet) and a lot to the south (vacant, owned by the applicant,not a corner lot and 10,077 square feet). 2. The zoning is Agricultural Suburban, which zone allows a duplex outright on a lot of 11,000 square feet or greater. A duplex exists on one of the three qualifying lots (greater than 11,000 square feet)in this subdivision. The subject parcel is actually the next to the smallest lot in the entire 18 lot subdivision. The subject parcel is 931 feet (8.5%) smaller than the required standard of 11,000 square feet. 3. There is no record of any duplex being approved within this subdivision or the vicinity on a parcel of land less than required by the Zoning Ordinance. CASE NO. VE-88-90 SPOKANE COUNTY ZONING ADJUSTOR PAGE 2 4. Subject parcel is a corner lot, nearly flat and with no physical limitations. A single family dwelling unit could easily be built upon the lot and would be consistent with the rest of the subdivision and much of the surrounding area. The applicant acknowledges this fact. 5. Testimony was presented by two opponents of record to the effect that granting the variance to establish a duplex in their stable single family neighborhood would not be consistent with the single family life style which they now enjoy and may create adverse impacts to their property. 6. The standards of the Agricultural Suburban Zone provide that a duplex cannot be built on this particular size lot. Most of the lots in the subdivision are less than 11,000 square feet and all contain or will contain single family dwelling units unless this variance request and another are granted. Of the three lots which could accommodate a duplex, only one has a duplex; whereas, the other two have single family dwelling units. 7. Testimony was presented in the form of a map of existing recent single family homes, new multiple family units under construction,existing apartment units and existing duplexes which supported the opponents position that Fourth Avenue was a general boundary line between single family housing and multiple family housing. 8. The applicant stated on the Burden of Proof form that the property could be put to a reasonable and permitted use without the variance; but, that it was the desire of the owner to build a duplex. On the same form the applicant stated that a variance is required in order to ensure a reasonable economic return. CONCLUSIONS 1. The variance will: (a)constitute a grant of special privileges in consistent with limitations on other properties in the vicinity and zone (b) not ensure that the intent and purpose of the Zoning Ordinance is achieved with regard to location, site design,appearance, landscaping,etc., and (c) not protect the environment,public interest and general welfare. 2. Only the interest of the property owner would be served by granting a variance, insofar as testimony by the applicant/agent stated that the desire to build duplex was solely for the purposes of increased economic gain. 3. There are no special circumstances applicable to the property which, when combined with the standards of the Zoning Ordinance,create practical difficulties for the use of the property and/or deprive the property of rights and privileges common to other properties in the vicinity and similar zone classifications. 4. Granting the variance will be materially detrimental to the public welfare and injurious to property or improvements in the vicinity and zone. 5. Strict application of the zoning standards does not create an unreasonable burden in light of the purpose to be served by the standards. CASE NO. VE-88-90 SPOKANE COUNTY ZONING ADJUSTOR PAGE 3 6. A broader, public need or interest will not be served by granting versus denying the variance. 7. The case for a variance is based substantially upon a lack of reasonable economic return. 8. Granting the variance may adversely affect the overall zoning design, plan or concept for either the immediate area or the entire county. 9. The applicant's claim that the subject property is a corner lot and therefore constitutes a special circumstance,it not supported by the fact that four out of the six corner lots in this subdivision have single family dwelling units on them. The only lot which contains a duplex is of a lawful size for that use. DECISION From the foregoing Findings and Conclusions, the Zoning Adjustor DENIES the proposal. DATED thisIq day of December, 1990. THOM``• S MOSHER, AICP Zbninl Adjustor Spokane - .nty, Washington FILED: 1) Applicant(Certified/Return Receipt Mail) 2) Opponents of Record 3) Spokane County Engineer's Office 4) Spokane County Health District 5) Spokane County Utilities Department 6) Spokane County Department of Buildings 7) Spokane County Fire Protection District No. 1 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$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).