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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) rP