1989, 04-21 WVE-6-89 Zoing Adjustor Findings, Conclusions and Decisionc.
ZONING ADJUSTOR
SPOKANE COUNTY, WASHINGTON
IN THE MATTER OF A WAIVER OF;
VIOLATION;FRONT YARD SETBACK
RON GERARD [WVE-6-89)
S 35"0/ (e)h,'lop/e--
FINDINGS,
CONCLUSIONS
AND DECISION
SUMMARY OF APPLICATION:
The applicant located footings and foundation of a single family residence 25 feet from the
front property line whereas, Section 4.04A.090 of the Spokane County Zoning Ordinance
requires 30 foot setbacks due to the roadway width being 50 feet. Authority to consider such a
request exists pursuant to Chapter 4.25 of the Spokane County Zoning Ordinance.
PROJECT LOCATION:
Generally located adjacent to and east of Whipple Street and approximately 0.2 miles south of
32nd Avenue in the NE 1/4 of Section 33, Township 25N, Range 44EWM. The property is
addressed as South 3501 Whipple.
PUBLIC HEARING:
After examining all available information on file with the application the Zoning Adjustor
conducted a public heating on April 18, 1989 rendered a verbal decision on April 19, 1989 and
rendered a written decision on April 21, 1989.
FINDINGS OF FACT
1. Testimony was taken under oath.
2. The project location is as set forth above under PROJECT LOCATION.
3. The proposal consists of a request that the residence structure be allowed to remain
located 25 feet from the public right-of-way. Footings and foundation have already been
poured at this location based upon information recieved by the applicant from the building
permit. The required setback for the residence is 30 feet under Zoning Ordinance Section
4.04a.090 (a)(I).
4. The adopted Spokane County Comprehensive Plan designates the area of the
proposal as Urban.
5. The site is zoned R-1, which allows the proposed use upon approval of' this
application.
6. The existing land uses in the area of the proposal are Single Family Residential
which are compatible with the proposal.
7. The applicant submitted copies of a Building and Safety PArmit indicating a 25 foot
setback was all that was required for a tient yard setback.
8. No parties appeared to oppose the proposal at the public hearing, nor were any
written comments received in opposition to the proposal.
9. The County reviewing agencies did not oppose the granting of the requested
waiver.
10. The Zoning Adjustor notes that this project is within Midilome Fourth Addition
which has streets of varying rights-of-way. The instant lot is on Whipple which is a non -
through street and there is little indication future widening of the street will be required If such
widening were a likelihood the granting of a lesser setback would defeat the purpose of the
County Zoning regulations to provide adequate yards, light and air for residential use.
11. Because there is little likelihood Whipple will be widened, the 25 foot setback
conforms with much of the residential development in Spokane County and is not adverse to
the public interest.
CASE NO. WVE-6-89 SPOKANE COUNTY ZONING ADJUSTOR PAGE 2
12. The applicant tried in good faith upon information he received from the Spokane
County Building and Safety Department in establishing proper setbacks and there is no proof
of any intention to willfully violate Spokane County Zoning Regulations on his part.
13. The proposal is exempt from the provision of Chapter 42.31C R. C. W. pursuant
to WAC 197-11-800.
From the Findings of Fact the Zoning Adjustor enters this:
DECISION
The Zoning Adjustor APPROVES the proposal subject to the following Conditions
of Approval. 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.
CONDITIONS OF APPROVAL
L GENERAL
1. The following conditions shall apply to the applicant, owner and successors in
interest and shall run with the land.
II. PLANNING DEPARTMENT
1. The applicant shall construct the subject residence and garage no closer than 25 feet
from the front property line, as shown on the site plan.
2. All other provisions of the Spokane County Zoning Ordinance and development
regulations of the Spokane County shall be complied with.
III. DEPARTMENT OF BUILDING & SAFETY
None Applicable
None Applicable
None Applicable
IV. UTILITIES DEPARTMENT
V. HEALTH DISTRICT
VI. SPOKANE COUNTY ENGINEER'S OFFICE
None Applicable
VII. SPOKANE COUNTY FIRE PROTECTION DISTRICT #1
None Applicable
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
CASE NO. WVE-6-89 SPOKANE COUNTY ZONING ADJUSTOR
PAGE 3
INCONVENIENCE INCURRED BY THE APPLICANT IF THE PROJECT APPROVAL IS
OVERTURNED OR ALTERED UPON APPEAL.
DATED this 21st day of April, 1989.
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 #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 THB ABOVE DATE OF SIGNING.
APPEAL MUST BE ACCOMPANIED BY A $100.00 FEE. APPEALS MAY BE FILED AT
THE SPOICANE 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)
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