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1995, 01-30 Permit App: CUE-3-95 Zoning Adjustor SPOKANE COUNTY PLANNING DEPARTMENT APPLICATIONS BEFORE THE ZONING ADJUSTOR Name of Applicant: _PQYlfU W '` ( l gent: YE) Street Address: ant 134D°) 001 if.S L Q�� Zip Phone-Home: ('Xfi)9 - to City: < kan2, State: (KW Code: '7i.�1(o Work: sarne- Agent's No.: Name of Property Owner(s): 2nnf Ftiekson (Simonson") Street Address: E., - t. 90`) (, UP.N1.,f,(J `,,,,,, Zip Phone-Home: C5(fl?'12.a-U�4p City: F- `e_ State: ll�P Code:"ria-1(C Work: Same_ REQUESTED ACTION(S) (Circle appropriate action): Variance(s) (Conditional Use Permit ) Expansion of a Other; Nonconforming Use FOR STAFF USE ONLY G/-z.ZZ Y �1 Violation/ Section 3K Township ,,//- Range 7 Enforcement: N 'Lot and legal checked by: gill •CWWP sewer purveyor: )4A-• •CWSP water purveyor:./t i..-.01. ! LA.•CUP standards met: N NA •Existing zone: (lam 3'5 Cite applicab a section: l •6/b,( ©(q) •Comp.Plan designation:ii f/00(A'Arterial Road Plan design tion:( o Op p4; .W •Fire District: 41 •Person doing preapp conf.: P1�(_4 •Other revio s Planning Department a ons invo vrn this ran rt : -7-3-7---75--- 'Certificate of Exemption No.: H/4'• Application No.:al E •Hearing Date: :i i ! . S i`•Site plan dimensioning checked by: ani- 1 t . r/1) —s .14 -..-7 Q.. ABOUT THE PR• RTY b7 appltcv ) 'Existing use of property: _ •Li- I. /I►./_/ t./ t/. . �. I 11. AO_Zoo 'Describe proposed use of the property,notingchang rom'e/tin use':/ ACkket Horne I ndust n.1 en a - *- + -ci, . kc l t r•C barn . Expothet •lf a variance application,state the Code standard and describe the vpriance sought in comparable p ipnoN. terms(i.e.,50 feet from centerline verses required 65 feet): _ Ofic •If a conditional use permit application,does proposal meet all standardsY N If not,has one or more variances been requested? Y N 6±C t5 3Ug(,WDE2 3 AfJ2 ,S 'What is the size of the subject property. `11N.L nF fAcc.Et..s A -Street address of property(if known): EAST 134O`-) tAy..U.es e ,SQo1L2X1e., IAEA •Legal description of property(include easement,if applicable): WEST cAI Ms IRR PLAT *4 -rRB -5P8?-481 /lib NO BIDC.04Oleo r A PrN „oF -re ►t-r •Parcel No(s).: Aa3214.O83 . (yffl'tSWJfti1 'Source of legal:--TAX fZecoe_AS PiPf l "l3'41C el •Total amount of adjoining land controlled by this owner,sponsor and/or agent: PARC.tc\ C" 41(05t14.603 •What interest do you(applicant)hold in the property? OtL1Y\e)( STATE OF WASHINGTON ) SS COUNTY OF SPOKANE ) I SWEAR,UNDER PENALTY OF PERJURY,THAT: (I) I AM THE OWNER OF RECORD OR AUTHORIZED AGENT FOR THE PROPOSED SITE; (2) IF NOT THE OWNER,WRITTEN PERMISSION FROM 0.••'-- �r ORIZING MY ACTIONS ON HIS/HER BEHALF IS ATTACHED;AND(3) ALL OF THE �, -'�;• S AND THOSE 0 UPPORTING DOCUMENTS ARE MADE TRUTHFULLY AND TO " • '*1 ° . ‘WLEDGE. etONe.4A /, D 4.1� ��� gned: 'Ail .Ll._, =i Jai gate U NOTARY N PUBLIC moi... /���-�.�ir tAA 1A 4, AC' . :� P r and •r the state of ' ashington,r gat , IPA A 01 Ac'`aC• L Mill;,;�._ . My appoi 4 ent expires: _ •7�r� OA.WASH pagelof2 ZA/APP(REV.• '• A. BURDEN OF PROOF form(s) (by applicant). ^ It is necessary for the applicant or his/her representative to establish the reasons why the 'J REQUESTED ACTION should be approved and to literally put forth the basic argument in favor of approving the application. Accordingly,you should have been given a form for your requested action(variance,conditional use,etc.)designed to help you present your case in a way which Q addresses the criteria which the Zoning Adjustor must consider. Please fill the form out and return it with your application. i .?t t . .,.._ g; B. SIGN-OFF BY COUNTY DEPARTMENTS AND OTHER AGENCIES h \ (applicant must visit each agency whose no. is circled below) 1.) SPOKANE COUNTY HEALTH DISTRICT a Proposed method of water supply: ~re'f- -Woo8.-.- 1,V;.0,01eltiR0i s� . b) Proposed method of sewage disposal:C)Y .Aa'k fit , A preliminary consultation has been held to discuss the proposal. The applicant has been nformed of requirements and standards. We request consultation with Planning Department Y /----2/y S '(Signatu (Date) (Sign-off Waived) dr SPOKANE COUNTY PUBLIC WORKS DEPARTMENT (Engineering & Roads Division) A preliminary consultation has been held to discuss the proposal. The applicant has been informed of rrments and tan s. We request consultation with Planning Department Y N r (Signature) (Date) (Sign-off Waived) GJ SPOKANE COUNTY UTILITIES DEPARTMENT (Planning Department may waive if outside WWMA) A preliminary consultation has been held to discuss the proposal. The applicant has been informed • of requirements and standards. fik a (Signature) (112e- (D te) (Sign-off Waived by Planning?) [ The applicant is required to discuss the proposal with /T Ex9Tt600 is ..Leal 6 Wil O K) to become informed of water system requirements and standards.(See#a below) [iti, The applicant is required to discuss the proposal with SPE)K4-10 F flE ILTii c:: 1 S T, to become informed of sewage disposal requirements a • . .•dards.(See#b below)c?. WAT. • PURVEY I R: Ek)1 t,JO0'4 =2R t 6A-Tibn) The .roposal is/is not ocated within 1 boundary of our future service area. 2) Th= propos• s/is not ocated within e boundary of our current district. 3) W ;.. .. ,. abto .erve this sit 'th adequate water. proposal. 4) Sa'sfact•�' a�rrants lt:. t• been made to serve this � .Z1 P.e� (Signat e (D r'� 0 SEWERA 'URVEYOR: (J LA Is. u)4tvE2 i t1OU.pl,E PL.LLM A preliminary consultation has been held to discuss the proposal. The applicant has been infonwi of requiremen d standards. 1 _ I/L4/7S (Signe) ate) .1 page 2 of 2 ZA/APP(REV.4/94) Spokane County Planning Department Conditional Use Permit Application Describe proposed use of the property, noting change from `existing use': We are applying for a Conditional Use Permit for a Home Industry - allowing me to practice my profession, occupation and/or craft in a detached structure on our property. We have a former dairy barn building that we have refurbished and I have set up a small shop in a portion of the inside area to sell items that I have made, bought and refinished or purchased for resale. In addition to free-lance writing, I am a Master Gardener and I grow a lot of flowers and herbs. I dry these and create floral arrangements and craft items to sell. Also, I buy used furniture and refinish/refurbish it and put it up for sale. In the fall, I sell pumpkins to the kids and corn stalks for decorating. I buy folk art and unique jewelry from local artisans and offer it for sale. My operation is very low key and quiet. I do a minimum amount of advertising and rely mostly on word-of-mouth customers from friends, family and neighbors who come to visit me and enjoy the atmosphere I have created. We feel that this is a marvelous use of an old building and a welcomed asset to the neighborhood. We strive to maintain the residential flavor of the property and the historic look of the barn. It is non-intrusive to the surrounding properties and the neighborhood and community in general - in fact, we have received voluminous support from the neighborhood because of our restoration efforts on the house and barn and the enjoyable nature of visiting the shop in the barn and finding a treasure to buy. I am currently involved in a research project to have the property listed on the local register of historic places because of the river-rock design on the house's foundation as well as the history the barn plays in the agricultural background of the Spokane Valley. If I am successful, this, too, would be an asset to the neighborhood. { CONDITIONAL USE PERMIT BURDEN OF PROOF FORM Name: PQrinl4 tAg4SQY\ ( IYYIOnSor> File: V. CONDITIONAL USES State Law,Section 36.70.020(7),clarifies that the County regulations must specify the standards and criteria that shall be applied in the review by the Zoning Adjustor. Additionally, condition of approval may be added to assure compatibility with other uses in the same zone. A. Assuming the proposal is listed as a"permitted"conditional use,do you believe the proposal meets all of the required,established and applicable standards? es. 1 Nath rev ieu)e8 C improz. til•(.v1(o e 4-' E zoN\It4IC-oOe c� _a . ► .. [. :. EE ,A • 1 • ' _ A Fort 1-1.0rAE INDUstrRy CW. .a4c)). B. If you cannot meet the conditional uses required standards,aref seeking relief by applying for an administrative exception or a Variance? Yes o (Circle One) C. What have you done or could you do to: 1. Make the use compatible with other permitted activities in the same vicinity or zone? SEG p.-rrAct-tel Luiz-me).) ANISuJCA. 2. Ensure against imposing excessive demands upon public utilities? SEE A?fP'CNED D. Explain how or why the proposal will not be detrimental to: 1. The Comprehensive Plan: See A?TAC.1.1-G1: ;and 2. Surrounding property: SEE Alf/ct-IES E. What reasonable restrictions,conditions or safeguards will uphold the spirit and intent (health,safety and general welfare)of the Zoning Code AND mitigate any adverse effect upon the neighboring properties--including but not limited to: 1)time limits;2) front,side or rear yard greater than minimum stated;3)suitable landscaping;4)signing; 5)off-street parking;and 6)others? SEE krfPcC 4 CUP.BURDEN OF PROOF FORM REV;1191 Spokane County Planning Department Conditional Use Permit Burden of Proof Form C: What have you done or could you do to: 1. Make the use compatible with other permitted activities in the same vicinity or zone? While our zone is primarily residential, there are other permitted activities within the immediate vicinity of our property. For instance, 1 block away (west on Wellesley), there are two meat packing businesses. Immediately south of our property there is a community hall (former Grange Hall) where weddings, church services and dances take place. To the northwest, there is a small in-home beauty salon. We have strived to maintain the residential appearance and character of our property. With the exception of the sign out front, there is little difference to the way the barn always looked, prior to my opening of the business. We have worked very hard to continue to maintain this residential flavor. 2. Ensure against imposing excessive demands upon public utilities. According to the Spokane County Department of Engineering and Roads, approximately 3,100 cars per day travel by our property on Wellesley Avenue, between Evergreen and McDonald roads. Since opening my shop in October of 1994, I have monitored the number of cars that visit us. This averages out to approximately 3-5 per day, over an 8 hour period. We do not feel that this will add any undue stress to an already widely traveled thoroughfare. We receive our water from the Trentwood Irrigation District. However, there is no water to or from the barn and, therefore, no further increase in usage. D. Explain how or why the proposal will not be detrimental to: 1. The Comprehensive Plan According to the Urban Comprehensive Plan, Objective 1.1.i of Goal 1.1 is that 'Home occupations may be allowed provided they are nondisruptive of neighborhood amenities." We feel that our small operation is not, in any way, disruptive to our neighborhood by way of appearance, noise or activity. Only a small number of people visit our shop during the course of the day. This takes place during the regular working hours of most residents throughout our area. In addition, our barn has retained its residential characteristics and is not aesthetically intrusive nor does it upset the balance of the rest of the neighborhood by its presence or the activity that goes with it. We have dedicated ourselves to this, as this is our home, in addition to the way in which I make my living. Further within the Comprehensive Plan, the section on Characteristic Features Spokane County Planning Department Conditional Use Permit Burden of Proof Form states that "light industrial and neighborhood commercial (activities) will be located near the heavily traveled streets". While ours is one of those heavily traveled streets, it is also the street on which we make our home. We have strived to not create any excessive traffic or traffic hazards by maintaining ourselves as a small operation and ensuring that the area traveled by our visitors is kept in good repair and flows smoothly. Largely, it seems that the Comprehensive Plan for this vicinity is to create an area that has a number of characteristics - including various residential types (single-family, two-family, multifamily, etc) as well as neighborhood commercial, light industrial and public and recreational facilities. We believe that we address the criteria of the overall plan appropriately with our operation. Ours is a home- based operation that fits well on our property as well as the rest of the community. 2. Surrounding Property We conduct our business in a detached structure that sits to the rear of our 3 acres of land (see Site Plan). Appropriate landscaping has been installed and fencing is in progress as of the date of this application (see expanded fence information below, Answer E). This will obstruct any views from surrounding property, which, we feel, would be the only way in which this could be perceived as detrimental to any immediate surrounding property. We do not feel that anyone's property value would deteriorate due to our operation - on the contrary, we have created a lovely site with the loving restoration of our barn and our many garden spots. We take great pride in the maintenance of our property and receive input daily from the neighborhood over their delight that we have brought an old, neglected piece of property back to beauty. However, to further protect anyone's privacy rights, we maintain operating hours whereby we close by 6pm; our hours are posted on our street sign; we are not open on Sundays or Mondays (further protecting the rights of those people who enjoy 3-day holidays which are usually observed on Mondays) and, we are installing a gate across the entrance to our property to eliminate lookers who have not read the posted hours. E. What reasonable restrictions, conditions or safeguards will uphold the spirit and intent of the Zoning Code AND mitigate any adverse effect upon the neighboring properties -- including but not limited to: Time Limits: Our hours of operation are limited to 10 am to 6 pm, Tuesday through Saturday. Front, Side or Rear Yard greater than minimum stated: The structure sits well to the rear of the 3 acre property and this will not change. Spokane County Planning Department Conditional Use Permit Burden of Proof Form Suitable Landscaping: Fencing all along the north property boundary is being installed. An administrative exception was applied for and approved, allowing us to install a 7' fence which runs 335' east to west. In front of this fencing is an arborvitae shrub hedge to further buffet any possible or alleged noise or disruption. In addition, there is fencing and landscape hedges to the east of the property. The rest of the property is full of flower and vegetable gardens that are maintained and added to each growing season. Signing: In compliance with the criteria for a conditional use permit for home industry in a UR 3.5 zone, our sign is being modified. It will be on the southeast corner of our driveway on our property on Wellesley, will comply with appropriate setbacks and will not block anyone's view, interfere with any neighboring properties, nor disrupt traffic flow. Off Street Parking: In addition to our driveway, we offer off-street parking to the east of the barn in a grassy field. We have graded and added gravel an area that allows for easy entry, exit and parking. Because rarely is there more than 2-3 cars on the property at a time, the area we offer is more than sufficient. To further protect the privacy of the neighbors and surrounding property, we are installing the previously mentioned 7' fence that blocks the parking area from sight and will be adding to the landscaping shrubs that currently exist, to further buffet any possible noise disruption. In Conclusion: Although this application is being made in response to a violation of the Zoning Code (please consult with Mr. Louis Webster, Zoning Enforcement Officer for full details), it was never my intent to break any laws or to be disruptive to the neighborhood or community by opening my shop without securing the proper permits. Although I was over zealous in opening my shop, I was originally hoping to apply for a Conditional Use Permit based on Chapter 14.822 of the code addressing Historic Property Preservation. I first wanted to complete my application for placement on the Spokane Register - then move forward with the CU permit. That way, if I would be jeopardizing my placement on the register by the shop in my barn, I would make my decision on which priority had top placement at that time. Or, if the register allowed me to proceed with the shop, I would then obtain the proper permits from the County Planning with full support of the Historic Landmarks Commission. I am asking now only that I be allowed to practice my craft and profession in my shop in my barn. I would make plea with the Hearing Board Officer that his decision be based on the merit and content on this application and not on the process to which I came to make application. 311 39' - . • 6 01 6 100' r , , = 25' I 1 1/2 7'Height/335'Total Length 189'— —— Story —-, - - 200' --�,�; Barn �' ,�" ?.. w "77"; .., Flower�Gazde .r / of °" "o" I "w 23' i N ir ii*:;',, yj Height , , • 1-Z k �i 4" Vegetable Garden 36' o'5 ' gIP I + " i/ 100' XXXXXXXXX)(XX +- a '�o� 1 / fy 0 Garden Shed +id I ,C, le �,,0^ 6'x 6' 6. M , 0I' ` , 0 '' Total Square Footage Tul - "`�D of Existing Bldgs l l/2 I (Gross Floor Area) N r n , Story — 71 • Primary Residence: 2362.88 sq. ft ' c Residence ' ` 4 t Barn: 4020.05 sq. ft. 142'- ---__ — 19' Height r • - 36' I Flower dardens = Key to Site Plan ' . 4, a ,..,,,, 01,4,,,,, „00, *- if, . .7-0., 1" . 50' ' m ° 4t. f Topography: Flat OParcel A 1Parcel B r' Parcel C e X .Y = Fencing 79.96' le*,.'"125.39' t I `C,O 0100 OV 'y= Tree Wellesley Avenue 4 = Shrub Vicinity Map 30' .. = Grass FORKEA ,.•,a.,:, .„o. - » • .«.mo= Rock Landscaping ri nB ` a • ' K \ 1 ' iifie, = Gravel WELLESELY AVE 3 w WELLES EY s E ' i ' Site Plan , E� ; �"`II I = Driveway/ . . 1 _' ”a� . —, Conditional Use Permit Application 1 Customer Ingress -E "“ "'"' , - f= "- � r Penny Watson (Simonson) - - ; I I - Parking ' ,= AVE „...403,------!-----=1 East 13409 Wellesley .,•, Spokane, Washington 99216