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1989, 04-13 WVE-6-89Spokane County Department of Building & Safety TO Wally Hubbard, Director Planning Department FROM: Mark Holman, Assistant Director Department of Building and Safety DATE: March 14, 1988 RE South 3501 Whipple JAMES L. MANSON, DIRECTOR As a follow-up to our conversations, this is to confirm your con- versations with Jeff Forry on March 13, 1989 requesting a waiver of the fee for the Waiver of Violation on the referenced site towards the end of expediting this matter. MH:pjk cc: Rob Binger, Prosecuting Attorney's Office WEST 1303 BROADWAY SPOKANE, WASHINGTON 99260 • 0050 TELEPHONE (509) 456-3675 April 13, 1989 9 � s�_?tuhtr14--# ((,k(0•) PLANNING DEPARTMENT BROADWAY CENTRE BUILDING N.721 JEFFERSON STREET PHONE 456-2205 SPOKANE, WASHINGTON 99260 149 MPR is INS BUILDING & SAFETY Mr. Ron Gerard S. 7515 Highway 27 Spokane, WA 99206 RE: WVE-6-89; Attached memorandum from Spokane County Department of Building and Safety I received the attached memorandum, prior to your upcoming waiver of violation hearing. I draw your attention to item #3 on the above memorandum. Please be prepared to explain why the footings were poured at 25' when you had been notified that a 30' setback was required. Douglas S. Adams Senior Planner rp Enclosures c: Tom Davis, Code Compliance Coordinator Department of Building and Safety TO Spokane County Department of Building & Safety Tom Mosher, Zoning Adjustor ounty Planning Department JAMES L. MANSON, DIRECTOR RECEIVE MAR 2 81989 FROMs3IL4Thomas L. Davis, Code Compliance Coordinator ,ow_,nN' nc'euw ��\\JJJJJ7777T epartment of Building and Safety DATE: March 28, 1989 RE WVE-6-89 - South 3501 Whipple Street To respond to your request for information on the above -referenced property, the following findings are presented: • 1. Building permit 88000328 was issued on February 22, 1989, for a residence (copy enclosed)'. The front yard setback was recorded at 25 feet-. 2. Upon a called footings inspection on March 7, 1989, our inspector discovered that the setback should be 30 feet and therefore rejected the footings. The applicant, Ron Gerard, was so informed at that time. As a result, the office records were corrected to reflect the correct setback of 30 feet on March 7, 1989. 3. On March 9, 1989, and without authorization of the inspector, the footings were poured after the garage portion was shortened by one foot to a setback of 25 feet. 4. On March 13, 1989, options were discussed with the applicant including a waiver of violation application and Wally Hubbard notified of a possible application being filed. In reference to other properties having setbacks of 25 feet in the vicinity, I do not at this time have any specifics. If complaints are filed regarding any such properties, we will check into it. The above pretty much summarizes the recorded events. However, ,if you do have any further questions, please call. TLD:jas VVv, WEST 1303 BROADWAY SPOKANE, WASHINGTON 99260 • 0050 • TELEPHONE (509) 456-3675 ^ SPOKANE COUNTY DEPARTMENT OF BUILDING AND SAFETY Yt 1303 BROADWAY AVENUE SPOKANE, WASHINGTON 99260 (509) 4563675 I certify that I have examined this permit and state that the Information contained In It and submitted by me or my agent to compile said permit is true and correct. In additiona have read and understand the INSPECTION REQUIREMENTS/NOTICE provIelorte Included herein and agree to complywith same. Adi provisions of laws and ordinances governing this type of work will be complied with whether specified herein or riot. I understand that VW Invents of this permit and any subsequent Inspection approval. 6r Certificates of Occupan shall not be construed to give authority to violate or cancel the provisions of any state or local law regulating construction, or as a warra of conf ance th the provisions of any state or local laws regulating construction. SIGNATURE OF OWNER OR AGENT APPLICATION nATE PROJECT NUMBER= 89000328 DATE= 02/22/89 PAGE= 01 ISSUED PERMIT **************************** PERMIT INFORMATION **************************** SITE STREET= 3501 % WHIPP[E ST PARCELO= 33541-2913 ADDRESS= SPOKANE WA 99206 PERMIT USE:: RESIDENCE ~ PLATt= 004058 PLAT NAME= MIDILOME FOURTH ADD BLOCK= 2 • LOT= 13 ZONE= SFR DI%TO= AREA= F/A= F WIDTH= 85 DEPTH= 145 R/W= 58 � OF BLDG%- i 0 DWELLINGS= 1 OWNER= GERARD CONSTRUCTION INC PHONE= 509 928 2619 STREET= 7515 % Si 27 HWY ADDRE%%= SPOKANE WA 99206 CONTACT NAME= RON GERARD ` PHONE NUMBER= 509 928 2619 BUILDING SETBACKS: FRONT= 74 LEFT= 16 RIGHT= 16 REAR= 65 ‘~`6ve` / � ��� w��m1rtea 3/�/B ^ RC C.1 �puat CT CA.) **�**** � ************************ BUILDING PERM�T **************************�* CONTRACTOR= GERARD CONSTRUCTION STREET= 7515 % HWY 27 ADDRESS= SPOKANE WA 99206 PHONE= 509 928 2619 NEW= X REMODEL= ApDITION= CHANGE OF U%E= DWELL UNITS= 1 OCCUP^ LD= BLDG HGT= STORIES= 1 BLDG W X D = X SQ FT= 1258 REQ PARKING= OHANDICAP= SEWER= Y HYDRANT= N DESCRIPTION GROUP TYPE %Q FT VALUATION ^-----^---- ~~--` ~~-- --~~- ---~^---- BASEMENT F R~3 VN 586 6446.88 BASEMENT U R-3 VN 445 4085^88 GARAGE M-1 VN 500 3588^88 RESIDENCE R-3 VN 1258 ~ 55352^88 ITEM DESCRIPTION QUANTITY FEE AMOUNT '_��E�BENTI�L YAI.UAT,IAN STATE SURCHARGE %URCHARGE Y ENERGY SURCHARGE Y ******************************* -~~------- 3^58 15.00 MECHANICAL PERMIT ************************** CONTRACTOR= GERARD CONSTRUCTION STREET= 7515 % HWY 27 ADDRESS= SPOKANE AA 99206 -HONE=--589 928 2619 ITEM DESCRIPTION QUANTITY FEE AMOUNT -~~-----^----~---~^------ -~~---~~ ----~----~ GAS WATER HEATER 1 6.50 [A% HTC EQUIP<188,808>BTU i 9.00 GAS PIPING 2 i^88 INFORMATION WORKSHEET PARCEL NUMBER: 3 ? 5t(/ — V75 STREET ADDRESS: 250/ S ('I/4,q�e, CITY/STATE/ZIP: S7644,2t tree. SUBDIVISION: /1l(li I(71Y1 C, BLOCK: 2 LOT: 13 ZONE: CFF DISTRICT: N45 /� LOT AREA: F/A: f WIDTH DEPTH( R/W: _/-b'�"' # OF BUILDINGS: OWNER: # OF DWELLINGS: I WATER DISTRICT: ea,Y 19 Cw-s 1 MAILING ADDRESS: S 7515 Illy 27 CITY/STATE/ZIP: yaka ,e. CONTACT: C✓t, CGrc_t 0 PHONE: _C -C1 - - jaCi 14/x, ?'1x,06 PHONE: - %Z? - r26/7 n 6301 SETBACKS: - FRONT: b LEFT:/6 RIGHT: /6 REAR: 6 s PERMIT USE:YS�(DIEUV BUILDING INFORMATION CONTRACTOR LICENSE NUMBER: C-Ee/-f-/� c )is/.7cy 7 / CONTRACTOR: $1, Pamir/) PHONE:l-9Z?-.26/�'i MAILING ADDRESS: S 75-79 f lt�y ,27 7%+( a2 c, 14A-! c7 d 06 ARCHITECT/ENGINEER: PHONE: MAILING ADDRESS:: NEW: v REMODEL: ADDITION: CHANGE OF USE: DWELL UNITS: OCCUPANT LOAD: BUILDING DIMENSIONS: BUILDING MGT: STORIES:1 X (WIDTH X DEPTH) SQ. FT.: REQUIRED PARKING: # HANDICAP: SEWER (Y/N):_ HYDRANT: / %-8 /JF 47S LieR tioSy�xu's * Spokane County Department of Building & Safety TO Tom Mosher, Zoning Adjustor n ounty Planning Department FROhomas L. Davis, Code Compliance Coordinator epartment of Building and Safety DATE: March 28, 1989 RE WVE-6-89 - South 3501 Whipple Street To respond to your request for information on the above -referenced property, the following findings are presented: 1. Building permit 88000328 was issued on February 22, 1989, for a residence (copy enclosed). The front yard setback was recorded at 25 feet. JAMES L MANSON, DIRECTOR 2. Upon a called footings inspection on March 7, 1989, our inspector discovered that the setback should be 30 feet and therefore rejected the footings. The applicant, Ron Gerard, was so informed at that time. As a result, the office records were corrected to reflect the correct setback of 30 feet on March 7, 1989. 3. On March 9, 1989, and without authorization of the inspector, the footings were poured after the garage portion was shortened by one foot to a setback of 25 feet. 4. On March 13, 1989, options were discussed with the applicant including a waiver of violation application and Wally Hubbard notified of a possible application being filed. In reference to other properties having setbacks of 25 feet in the vicinity, I do not at this time have any specifics. If complaints are filed regarding any such properties, we will check into it. The above pretty much summarizes the recorded events. However, if you do have any further questions, please call. TLD:jas WEST 1303 BROADWAY SPOKANE, WASHINGTON 99260 • 0050 TELEPHONE (509) 456-3675 SPOKANE COUNTY COURTHOUSE TO: FROM: Zoning Adjustor DATE: SUBJ: WVE-6-89; Ron Gerard (t(s.k4111N97717 PLANNING DEPARTMENT BROADWAY CENTRE BUILDING N. 721 JEFFERSON STREET PHONE 456-2205 SPOKANE, WASHINGTON 99260 MEMORANDUM Tom Davis, Code Compliance Coordinator omas G. Mosher, AICP March 20, 1989 I am enclosing information concerning this waiver of violation case, including the applicant's response to our waiver of violation questionnaire. In that questionnaire, as you can see, the applicant is attempting to establish that his plans approved by the Building and Safety Department showed a twenty-five foot setback from his front property line and that he constructed his footings and. foundation with that setback. If, in fact, his plans were approved with the 25 foot setback rather than with the required thirty foot setback, this is an easy, clean case for a waiver of violation. On the other hand, if your office believes that he left your office with the knowledge and understanding of a 30 foot setback from the front property line, I need to know that, insofar as it may affect the outcome when considered against the standard of intent to comply with the provisions of the Zoning Ordinance. I would appreciate receiving all of the information which would be contained in your file, including a computer print-out of computerized inspection information for this property and, if possible, an assessment by your department as to whether he left your office with information which should have caused him to construct his project 30 feet back from the front property line rather than the 25 feet he used. I note also that the applicant states that four out of five houses used a 25 foot setback. Do you have any records which would indicate that to be a true statement? Thanks for your help in this matter. Attachments - Applicant's Questionnaire SPOKANE COUNTY COURTHOUSE PLANNING DEPARTMENT BROADWAY CENTRE BUILDING N. 721 JEFFERSON STREET PHONE 456-2205 SPOKANE, WASHINGTON 99260 NOTICE OF §FOEANE COUNTY ZONIING ADJUSTOR IE°UBILIIC HEARING DATE: April 18, 1989 TIME: 9:00 a.m. or as soon thereafter as possible PLACE: Spokane County Planning Department 2nd Floor Hearing Room, Broadway Centre Building North 721 Jefferson Street Spokane, WA 99260 Case #1 File: WVE-6-89 WAIVER OF VIOLATION OF SETBACK REOUIREMENTS: LOCATION' Generally located west of Pines Road and approximately 0.2 miles south of 32nd Avenue in the NE 14 of Section 33, Township 25N, Range 44EWM. The property is addressed as South 3501 Whipple. PROPOSAL: The applicant requests a waiver of violation to allow existing garage footings to remain at (and garage to be constructed) 50 feet from the centerline of the roadway right-of-way, whereas, the Spokane County Zoning Ordinance Section 4.04A.090 (a) (1) requires a minimum of 55 foot setback from the centerline of roadway right-of- way. EXISTING ZONING: Single Family Residential SIT . SIZE: Approximately 1/4 acre APPLICANT: Ron Gerard S. 7515 Highway 27 Spokane, WA 99206 ITEMS CARRIED OVER FROM PREVIOUS HEARINGS MAY BE HEARD FIRST, POSSIBLY CAUSING DELAYS. LEGAL DESCRIPTIONS AND PROJECT DETAILS FOR THESE PROJECTS ARE AVAILABLE IN THE PLANNING DEPARTMENT FILES. APPEALS OF THE DECISION ON THE ABOVE LISTED CASE MAY ONLY BE FILED BY THE APPLICANT OR AN OPPONENT OF RECORD ACCOMPANIED BY A $100.00 FEE. (Sections 4.25.090 and 4.25.100 of the Spokane County Zoning Ordinance.) 68 -9 -SAM SPOKANE COUNTY PLANNING DEPARTMENT APPLICATIONS BEFORE THE ZONING ADJUSTOR/BOARD OF ADIUSTMENT Certificate of Exemption No.: Application No.: WLi 6, -( Name of Applicant: C- er0-rO Cu.vs I Agent:n 14 Street Address. 1 S. 1SiS 4147 a7 Zip Phone - Home: «n' 0261 q City yokcti-- State: Wu. Code: ijci02.0 6 work: 'u 5696 p Agents No u Name of Property Owner(s)' eon/ C -e r cur Street Address. S 7515 Kit ..? 1 ZiSOcr� WO— Code. '79,20 6 Phone - Work. Y26 96 City. �-e-- State. REQUESTED ACTIONS) (Circle appropriate action): -r ance s Conditional Use Permit (474-r ' 1 • Temporary Use/Structure Nonconforming Lot/Use Other FOR STAFF USE ONLY Cite Regulations Section(s). Property Violation Section: 3.3 Township. Z6- Range: � Size: Enforcement: Existing Zoning:- — Comp. Plan Designation:/ AV PSSA.LEGAL MAC N ASA:FIRE DIST.: CHECKED BY:.� CODE: ORDINANCE__ D ; 09 0• (a Hearing Date: -Q /%i/77, Personnel Taking in Application: Existing Use of Property: /VU✓ Per id/Wee . Describe Intended Proposal in Tcrms of REQUESTED ACTIONS above: �I��e+ B�.ck .. owt p(4 (ye i, Li've . (,'Mv iy/ohion w //w. Ar 1 �9�Di� S ' 1 ,.S 1 t /i/G Street Address of Propelfy• 3SOI 5 ka yrit, Legal Description of Pro ert (include easements. if applicable): Ml(�1lOatG i-,4•Ini l3 e)GX -2 Parcel No(s):33SW/-.29'13 Source of Legal: OtQaza�-a �a Total amount of adjoining land controlled by this owner/sponsor. What interest do .you hold in the property? 0/v.rer Please list previous Planning Department actions involving this property: I SWEAR. UNDER PENALTY OF PERJURY, THAT: (1) I AM THE OWNER OF RECORD OR AUTHORIZED AGENT FOR THE PROPOSED SITE; (2) IF NOT THE OWNER, WRITTEN PERMISSION FROM SAID OWNER AUTHORIZING MY ACTIONS ON HIS/HER BEHALF IS ATTACHED: AND (3) ALL OFTHE ABOVE RF PONSES AND THOSE ON SUPPORTING DOCUMENTS ARE MADE TRUTHFULLY AND Zb THE BEST0 MYgKNO LaDGE. Signed. t fuAcL( r.�• o•"W�sM/04141 F/ W 722a 1 Address: S ZS/s L�F� ��cRw J',Y° � ��V ly Phone Nor 927 262 Date%inil/Fq DT r Notary Date: (Over) Revised 3-4-88 DEN "Sf ROOF it n©despirR for the applicant or his/her representative to establish the reasons tfi,QUP$TED ACTION should be approved and to literally put fonh the basic cofdmIy, you should have been given a form for your requested action co3ufit nal use, etc.) designed to help you present your case in a way QWhich; ddre3ses,, the criteria which the Zoning Adjustor must consider. Please fill ,thee fond out, apd return it with your application. If you did not get a form, ask the "tetlainting beDinment personnel for advice on how to proceed. i B. SIGN -OFF BY COUNTY DEPARTMENTS AND OTHER AGENCIES IOUNTY HEALTH DISTRICT a) Proposed method of water supply: �7� b) Proposed method of sewage disposal: 0 1- Apze A preliminary consultation has been held to discuss th has been informed of requirements and standards. (Signature) (Date) �COTINTY ENGINEERING DEPARTMENT oposal. The applicant n-off W ved) �vt9— A preliminary consultation has been held to discuss the proposal. The applicant habeen informed of requirements and standards. -r 0 (Si nature) w Date) (Sign -off Waived) MINTY TTTILITTF.S DEPARTMENT (Waive if outside WMAB) kl A preliminary iiplinant has been (Signature) consultation has been held to discuss the proposal. The formal of requirements and standard 3— ►Y—get / n (Date) (Sign -off Waived) 1 ] The applicant is required to discuss the proposal with to become informed of water system requirements and standards. 1 1 The applicant is required to discuss the proposal with to become informed of sewage disposal requirements and standards. 4. WATER PURVEYOR: a) b) c) d) (Waive if outside f WSSAZ The proposal Wig not located within the boundary of our future service area. The proposal je/ie not located within the boundary of our current district. We gre/are not able to serve this site with adequate water. Satisfactory arrangements have/have not been made to serve this proposal. (Signature) (Date) 5 SEWERAGE PTIRVEYORt (Sign -off Waived) (If other than Spokane County) A preliminary consultation has been held to discuss the proposal. The applicant has been informed of requirements and standards. (Signature) (Date) (Sign -off Waived) Page 2 of 4 SPOKANE COUNTY PLANNING DEPARTMENT APPLICATIONS BEFORE THE ZONING ADJUST,OR/BOARD OF ADJUSTMENT FILE NO. PLAN. DEPT. CONTACT HEARING DATE. NOTE TO APPLICANT: Additional information may be required by the Planning Department after the application is submitted if it is found that such information is needed to clarify the file documents ��Additional Fee Reauirement% In order to assist you with your financial planning regarding this application, PLEASE BE ADVISED THAT OTHER DEPARTMENTS AND AGENCIES WITH WHICH YOU ARE REQUIRED TO CONSULT MAY CHARGE YOU AN ADDITIONAL FEE. The fees charged by the Planning Department only partially defer our administrative costs and are not shared with other departments or agencies. B. preliminary Submittal Prior to filing an application, the project sponsor shall become familiar with the current procedures and forms. Planning Department personnel are available for advice on current procedures. past actions which may affect the proposal and the Zoning Ordinance or Code requirements. C. Srhednlino an Application for Public Hearin° rompieted applications received by the Planning Department will be scheduled for public hearing on the earliest possible date. Department personnel will contact the applicant approximately 21 days prior to the public hearing, and provide the information needed to fulfill the notification requirements outlined in "E" below. Occasionally, excessive and unpredictable workloads in the Department may cause scheduling at a later date. Shmittal Requirements Department policy requires that the following .information be submitted, at a minimum. NOTE WE HAVE A FREE NOTARY SERVICE AT OUR OFFICE. 12..omleted apnii.cation form (green). 2. Completed Certificate of Exemption form (yellow) (if required). 3. Completed Environmental Checklist (if required). Assessor's section map for subject parcel and property within 300 feet obtained at the County Assessor's Office). If required by the Department, obtain one (1) copy. including adjacent maps, if required. The maps are to be submitted with the application form and other required information to the Department. Outline the subject parcel in pencil. Adjoining Assessor's maps that are needed: ,Statement of Attendin° Physician for Dependent Relative (if applicable). Affidavit of Dependent Relative Circumstance% (if applicable). Fees - Most frequently encountered fees, at the time this application was distributed, are itemized as follows: Dependent Relative Conditional Use Permit 50. All other Conditional Use Permits $ 2 .00 Variance $ 75.00 Waiver of Violation (sliding-sca alue) Environmental Checklist $ 7.00 S?1_00- will be collected at the time of application conference and applied toward Page 3 of 4 (°/lite P1a - Submit six (6) copies the following information: scale of drawing north arrow c. vicinity map d. site area showing property boundaries and dimensions (if a yard variance application, obtain "dimensioning" handout) width and names of streets adjacent to the site. existing buildings proposed buildings (including exterior decks/balconies) showing dimensions and distance n.h to property boundaries eight of all structures. of the proposal drawn to scale and indicating i parking areas/spaces/driveways j. landscaping k. fencing 1. topography of the site m. easement(s) affecting the use of the property n. septic tank, drainfield and well o. dimensions from proposed structures to the ordinary high- water mark of all water bodies within 200 feet E. Notification Requirement* The applicant is to provide notification as follows, More detailed instructions are provided when notification packet is picked up at the Department. Please note there is a .25 cent/per parcel (plus tax) charge for the list of property owners within 300 feet of your proposal. This fee will be collected when you pick up your agenda packet. Step 1: All property owners and taxpayers within three hundred (300) feet of the property, including all additional contiguous ownership and any easement(s) providing access across other properties shall be notified by the proponent. Utilizing a list of property owners and taxpayers obtained from the Department or a title company and copies of the Agenda Notification prepared by the Department, the applicant shall accomplish notification by mailing the agenda notification by First Class Mau as directed by the Department personnel. The applicant shall also look in and use addresses from the current Spokane area telephone directory for those individuals or parties for which the official record names lack an address. Step 2: The applicant shall provide the original computer mailing list Affidavit of Mailing and all returned mailings (addressee unknown, etc.) to the Department at least two (2) days prior to the public bearing for inclusion in the file. F. public Hearing The applicant or representative must be present at the public hearing. If the owners is not at the meeting, the "representative" must have written authorization from all affected owner(s) to act on his/her/their behalf. Page 4 of 4 NAME: rexcocck 3(64(t f /o FILE #: 39 II. WAIVER OF VIOLATION (Section 4.25.030 f. of Zoning Ordinance) A. Was project erected in good faith and with every intent to conply with the provisions of the Zoning Ordinance? If so, explain how you exercised good faith and intent and still°,�,ended up in violation of the Zoning Ordinance? ilk re C eiuel.(o 1a (oltal PC -Prrl✓n `fh e (pr, 04 -ti a'n 5. 0 L (.1);(0. . Fron-t ye v"( 5c 4- .11 etc_ - hetc_KS ure spec 4 or` 'kIn.P Jiiut\rl<n1 A•o.ruKki- Gc a5 44 the (YnvP no /r&5 CA 014; tonic a15tel ! 4-e 2-5f( 5e- borl5• (J&-eul pn(, rtnt-corr41o1?5 nc, 3y ir�5pe ttnd i/)4rm.ed i. a /.S f *h.r eat/ht-if L 1 7rlrv�c permr/ 540 ""the l)&arrf hots aficP &Yl/14Pd of -4- 5t4lJ&Ct5. } ri f r 010- n -C F l ( A•P i lob 5P an Lf%itnpie 5[rte ctr� Se..+ on 25`-` 5e4 hacks . B. While not complying with every detail of the provisions of the ordinance, e explain how the project is consistent with the spirit or intent of the ordinance? Glave. J5 -Air S'e-tback av -�l1er 0-F -f 4 _how?, 0,c, 35O/ gar- oaf v¢ Five, hahj e r 04' k.4, 7/2, Area- o e. .�'G'f' Oa. ,2c �t 1/451/71-£ac&s /