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2009, 08-26 Administrative ExceptionRandall Kendall Dear Randall, I have reviewed your letter and plans for a detached accessory storage building on the lot on the northeast corner of Woodruff and Boone. I agree that the code does provide some confusion by using the word "permanent" accessory building and then not defining it. I don't agree that storage buildings and other structures under 200 feet should not be counted towards the 10% of accessory building area, but I believe there is another solution for your proposal. Under the Administrative Exception Section 19.140.010 there is a provision for the Director to approve exceptions to the maximum building coverage. If you apply for the exception I will grant the exception for this case. I looked at both the county code in place when the city incorporated and the current Spokane Valley Municipal Code and neither one has a definition of "permanent accessory structure". The County Code does not use the word "permanent" in context of accessory buildings and has the same 10% lot coverage limitation in residential zones. The International Building Code does not require building permits for structures less than 200 square feet but that does not have a relationship to zoning requirements. If they did, then we wouldn't enforce setback or height requirements for these buildings which we do. There would also not be any limit to the number of the structures under 200 square feet on any given lot, which is not the intent of the code. I have asked Christina Janssen to provide you with an application for an administrative exception. I will be on vacation most of next week but will provide this information to Greg McCormick who can approve the exception in my absence. Good luck with your project. Sincerely, Kathy McClung Community Development Director c. Greg McCormick, Principle Planner Christina Janssen, Assistant Planner \75D4 P.6° 26 August 2009 City of Spokane Valley 11707 E Sprague Ave, Suite 106 Spokane Valley, WA 99206 Building Plam Submittal For Randall Kendall: Good evening Christina, On Monday afternoon, 24 August 2009, our contractor submitted to your department a set of plans for a detached accessory storage building. On Wednesday we submitted a site plan showing the proposed structure and the locations of the other structures on the site. 1 was informed this moming that the proposed building exceeds the lot coverage for "permanent accessory structures" by your department. This is where my confusion begins. We do not have any permanent accessory structures on the property as of yet. The two sheds and greenhouse shown on the original site plan submittal were constructed under the guidance of the previous Spokane County Code as temporary structures. The non -permanent structures in question are free standing and not constructed upon a foundation, thus are not permanent structures. The current code allows for the detached accessory structures as long as they are Tess than 200 square feet without permitting (Title 24); and the current code does not consider them as part of the lot coverage, due to their non -permanent status. The proposed building footprint (2074 ft^2) will be less than ten percent of the total lot size (20,745 ft^2) and when added to the house and attached garage (2360 ft^2), the total lot coverage (4434 ft^2) will be significantly less then the allowable 50 percent coverage (10372.5 ft^2). A new proposed site plan has been included that shows the permanent exisiting structures and proposed accessory building without the non- permanent accessory structure buildings. If this new submittal does not suffice, then I would like some clarification regarding your municipal code. I researched your code, and there is no definition of a permanent accessory structure, versus a non -permanent accessory structure. Thank you, Randall Kendall, P.E. 509499-1584 19.40.090 Residential accessory uses and structures. A. Except for the air conditioning compressors of detached single-family residential, cooling towers and similar accessory structures are required to observe all front, side or rear yards. B. The combined building footprint of all accessory permanent structures in residential zoning districts shall not exceed 10 percent of the lot area. C. The vertical wall of an in -ground swimming pool shall be located behind front building setback lines and at least five feet from the property line. All pools must be secured in accordance with the requirements of the adopted building regulations. Temporary fencing is required during excavation. (Ord. 08-006 § 1, 2008; Ord. 07-015 § 4, 2007). 24.40.030 Local amendments to the adopted codes. A. The 2006 International Building Code. 1. Amend Section 105, Permits, as follows: a. Alter the square feet in Section 105.2, Work exempt from permit, Building: 1. to read as follows: One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses provided the floor area does not exceed 200 square feet (11.15 m2). a74 , (e �jchyli2 16.vc4 V PROPOSED BUILDING 141' 75' BOONE AVE_ 0 0 216 <- 0 0 c _ _ 0, __--- ohm s�.: GmG L Y fes , kl OT { 0 m Z a m 0 m m 0 Receipt Number: 19786 Projects City of Spokane Valley Building Dept Receipt Customer Number Full Project Nbr Inv Nbr Fee Amt Inv Amt Owing PAID Pmt 09002760 1 $315.00 $315.00 $315.00 $315.00 Miscellaneous Items Tender Total: $315.00 5315.00 $315.00 $315.00 Total PAID: $315.00 Type , Cheek;, . 'Acct Balance CC Nbr Exp Date TENDERED 315.00 Payer: KENDALL, RICH Notes: Tran Date / Time: 08/28/2009 2:36:05 PM By: HMORRIS Logon User: BldgCounter Station: CX_SV00014A Override By: Printed: 08/28/2009 2:36:06 PM Total TENDERED: 315.00 Over / (Short) $0.00 Change $0.00 Page 1 of 1 e ADMINISTRATIVE EXCEPTION CHECKLIST & APPLICATION SVMC 19.140 Community Development - Planning Division 11703 E Sprague Ave Suite B-3 • Spokane Valley WA 99206 509.688.0197 ♦ Fax: 509.688.0037 ♦ planning@spokanevalley.org Prior to completing this form, please refer to Chapter 19.140 of the Spokane Valley Municipal Code to see if your request qualifies for an Administrative Exception. PART I — REQUIRED MATERIAL ❑ Completed Application Form ❑ If Applicant is not the Legal Owner, Include Written Authorization from the Owner ❑ Application Fee ❑ Site Plan (which includes the following): Submit one (1) 8' /z inch by 11 inch copy with all of the following information: 1. All dimensions scaled (e.g.: 1"= 50'). 2. North arrow 3. Show actual property boundaries and dimensions. 4. Label and show location of existing buildings/structures, septic tanks, drainfields, wells or other improvements showing dimensions and distance to property boundaries. 5. Label and show location of proposed buildings/structures (including exterior decks and balconies) showing dimensions and distance to property boundaries. RECEIVED AUG 2 2809 SPOKANE VALLEY DEPARTMENT OF C;OIV!MUMT! J.`-`121.0PMENT PART II — APPLICATION INFORMATION APPLICANT: Randall Kendall MAILING ADDRESS: 1204 N Woodruff CITY: Spokane STATE: WA Zip: 99206 PHONE: 5099249918 FAX: 5099243757 CELL: 5094991584 EMAIL: johondus@mindspring.com "NOTE IF APPLICANT IS NOT THE LEGALOWNER, INCLUDE WRITTEN AUTHORIZATION FROM OWNER* LEGAL OWNER: Richard D. Kendall MAILING ADDRESS: 1204 N Woodruff CITY: Spokane STATE: WA ZIP: 99206 PHONE: 5099249918 Fax: 5099243757 CELL: EMAIL: TAX PARCEL No.: 45171.0716 / 45171.0717 SITE ADDRESS: 1204 N WOODRUFF ZONING DESIGNATION: R 3 COMPREHENSIVE PLAN CATEGORY: ADMINISTRATIVE EXCEPTION CHECKLIST & APPLICATION REVISED 01/08/09 Page 1 of 5 TYPE OF ADMINISTRATIVE EXCEPTION REQUESTED AND REASON FOR REQUEST: Request for maximum lot size exception for accessory structure. See attached pages APPROVAL CRITERIA HOW DOES YOUR REQUEST MEET THE FOLLOWING CRITERIA? 19.140.020 Approval Criteria. Criteria for approval or denial of applications shall be established by the director if it is shown that: A. The administrative exception does not detract from the character and nature of the vicinity in which it is proposed; B. The administrative exception enhances or protects the character of the neighborhood or vicinity by protecting natural features, historic sites, open space, or other resources; C. The administrative exception does not interfere with or negatively impact the operations of existing land uses and all legally permitted uses within the zoning district it occupies; D. Granting the administrative exception does not constitute a threat to the public health, safety and welfare within the City. (Ord. 07-015 § 4, 2007). See attached pages. RECEIVED MJ3 .. 2999 SPOKANE VALLEY DEPARTMENT OF COP/AV.;N�T`( DE ELOPMENT ADMINISTRATIVE EXCEPTION CHECKLIST & APPLICATION Page 2of 5 REVISED 01/08/09 PART III - LEGAL OWNER SIGNATURE (Signature of legal owner or representative as authorized by legal owner) , (print name) swear or affirm that the above responses are made truthfully and to the best of my knowledge. I further swear that I am the owner of record of the area proposed for the above -identified land use action, or, if not the owner, attached herewith is written permission from the owner authorizing my actions on his/her behalf. Address: /,L.o ' /,18,17,- ✓+ ' City: sf,o/C.64.4 Phone: Sal 17'zl 71'/ State: 1v4 Zip: ?a E' (Signature) NOTARY (For Part II above) STATE OF WASHINGTON) ss: COUNTY OF SPOKANE ) SUBSCRIBED AND SWORN to before me this NOTARY SEAL G(6 day of 2 4i' 09 (Date) N I TAft . IGNATURE Notary Public in and • the State of Washington Residing at: T (\CL lC V Cak 1.•.( My appointment expires: ( f ( C ADMINISTRATIVE EXCEPTION CHECKLIST & APPUCATION REVISED 01/08/09 RECEIVED AUG 2 ,- 2909 SPOKANE VALLEY DEPARTMENT O, - COMM'. N TY DPIELOPMENT Page 3of5 PART IV - DETERMINATION File No: ADE - 19.140.020 Approval Criteria Criteria for approval or denial of applications shall be established by the Director if it is shown that: A. The administrative exception does not detract from the character and nature of the vicinity in which it is proposed; B. The administrative exception enhances or protects the character of the neighborhood or vicinity by protecting natural features, historic sites, open space, or other resources; C. The administrative exception does not interfere with or negatively impact the operations of existing land uses and all legally permitted uses within the zoning district it occupies; D. Granting the administrative exception does not constitute a threat to the public health, safety and welfare within the City (ord. 07-015§ 4, 2007). The administrative request meets the following criteria as required under SVMC Section 19.140.020. The Community Development Direct appro / denies this "Administrative Exemption" as conditioned below, for the property described in Part I, pursuant to SVMC 19.140. This administrative exception is subject to the following conditions of approval: 1) This administrative decision shall apply to the subject property indefinitely and may be transferred to future property owners, heirs or any successor in interest to the property subject to the conditions of approval contained herein. 2) The applicant and property owner shall comply with all requirements and regulations of the Zoning Code. 3) The applicant shall comply with all applicable development regulations and standards. 4) The applicant and property owner shall comply with the following additional conditions: g,e-etdear IA* -,a/71 06(1 e-ige4 /4,/17 AcCdev, ADMINISTRATIVE EXCEPTION CHECKLIST & APPLICATION Page 4 of 5 REVISED 01/08/09 Stitikan°e\*' This administrativ jxception is hereby Approved by: PERMIT NUMBER: ,20©/ PERMIT FEE: 1,3/5 Under SVMC 17.90, any person aggrieved by this administrative determination has the right to appeal this administrative decision to the City of Spokane Valley Hearing Examiner. An appeal must be filed by submitting the appropriate appeal application together with the required fee to the Department of Community Development Current Planning within fourteen (14) calendar days after the decision is issued. Upon receipt of a complete appeal application, a public hearing will be scheduled. For information or questions, please call the Planning Desk at (509) 688-0197. STAFF USE ONLY Date Submitted: 031,3 106( Received by: L. iZti IGLJ Fee:$U PLUS Number: CP C&)(. C File #: lA DE CS -CP) RECEiVED AUG 2 SPOKANE UI°AR IVItN tEY UF COl'1 t"I;RITY D ` aLOPMENT ADMINISTRATIVE EXCEPTION CHECKLIST & APPLICATION Page 5 of 5 REVISED 01/08/09