1992, 05-05 Zoning Adjustor Findings of Fact ZONING ADJUSTOR
SPOKANE COUNTY, WASHINGTON
IN THE MATTER OF VARIANCES FROM )
THE MINIMUM LOT SIZE STANDARD ) FINDINGS OF FACT,
FOR THREE DIFFERENT LOTS ) CONCLUSIONS,
FILE: VE-7-92 ) AND DECISION
APPLICANT: MILLIE RENNER )
COMPANION FILE(S): ZE-10-64 )
PARCEL NUMBERS: 45232.0206, .0208 )
AND .0210 )
APPLICATION DESCRIPTION: The applicant proposes to build 1 duplex on each of 3
different 18,000 square foot lots; whereas, sections 14.616.310. of the Zoning Code of
Spokane County require a minimum 10,000 square feet for each residential unit per lot.
The total area needed for each duplex is 20,000 square feet. Authority to consider such a
request exists pursuant to section 14.404.080 of the Zoning Code of Spokane County and
Spokane County Board of County Commissioners resolution No. 89 0708, as may be amended.
PROJECT LOCATION: Central Spokane valley, south of and adjacent to 3rd Avenue
approximately 342 feet east of Evergreen Road, in the NW 1/4 of Section 23, Township
25N, Range 44 EWM; 14006, 14022 and 14120 E. 3rd Avenue.
OPPONENTS OF RECORD: NONE
PUBLIC HEARING AND DECISION: After consideration of all available information on
file, exhibits submitted and testimony received during the course of the public hearing held
on April 29, 1992, the Zoning Adjustor rendered a written decision on May 5, 1992 to
APPROVE the application as set forth in the file documents and as conditioned below.
FINDINGS OF FACT AND CONCLUSIONS
1 . The proposal is described above and detailed in documents contained in the file.
2. In compliance with RCW 36.70.450, the Planning Department determined that
this proposal is generally consistent, as conditioned, with the Urban category of the
Comprehensive Plan.
3. The site is zoned UR 3.5, which allows the proposed use upon approval of this
application. A large parcel of B-3- zoning exists north and northwest of these three lots.
4. The existing land uses in the area of the proposal include duplexes, single family
and commercial/business activities, all of which are compatible with the proposal.
5. The proposal is exempt from the provisions of the Washington State
Environmental Policy Act, Chapter 43.21C RCW pursuant to WAC 197-11-800 (6) (b).
6. No adverse testimony or written comments were received regarding the proposal.
7. Historically the following is true.
CASE NO. VE-7-92 SPOKANE COUNTY ZONING ADJUSTOR PAGE 2
a In 1954 the Zoning was Agricultural and the land was platted into its
present lot size configurations. At that time the Agricultural Zone allowed
duplexes on lots at least 7800 square feet with 70 feet of frontage.
b. In 1964 the land was rezoned (ZE-10-64) to Agricultural Suburban from
Agricultural. At the time of the zone reclassification, the Agricultural
Suburban zone allowed duplexes on 7800 square foot lots with 70 feet of
frontage.
c. At the time the crossover from the Zoning Ordinance to the Zoning Code
occurred, the Agricultural Suburban zoning changed to Urban Residential-
3.5. At that particular point in time, the Agricultural Suburban Zone
required a duplex to have 11,000 square feet and 90 feet of frontage.
d. Several duplexes have been constructed on the area as follows:
i. 14016 and 14018 east 3rd Avenue is a duplex constructed on a lot
approximately 17,900 square feet in size;
ii. 14201 and 14203 east 3rd Avenue is a duplex constructed on a parcel
of land approximately 14,000 square feet in size; and
i i i. 14204 and 14206 east 3rd Avenue is a duplex constructed on a parcel
of land approximately 13,100 square feet in size.
e. The above duplexes were constructed lawfully and in compliance with
required setbacks and on lots which exceeded the minimum lot size standard
at the time. The present lot proposals involve lots which are approximately
18,000 square feet in size. The only single family dwelling unit on the
street is owned by the applicant and occupies two parcels.
f. The lots are somewhat disadvantaged from the standpoint that they are in
close proximity to a B-3 zoning and are almost immediately south of the
former Milwaukee railroad right of way, which right of way is slated to
become a major east-west arterial. As a result, it may be difficult to
construct and maintain single family ownership housing; whereas, the
concept of duplex rental housing may serve to affect a transition from the
more intensive uses to the north to the lesser intensive uses to the south.
8. The applicant has been made aware of the recommendations of various County
agencies reviewing this project and has indicated those recommendations are acceptable.
9. The proper legal requirements for advertising of the hearing before the Zoning
Adjustor of Spokane County have been met.
1 0. The Zoning Adjustor may require such conditions of approval as necessary and
appropriate to make the project most compatible with the public interest and general
welfare.
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CASE NO. VE-7-92 SPOKANE COUNTY ZONING ADJUSTOR PAGE 3
1 1 . Various performance standards and criteria are additionally needed to make the
use compatible with other permitted activities in the same vicinity and zone and to ensure
against imposing excessive demands upon public utilities, and these shall be addressed as
conditions of approval.
12. With the conditions of approval set forth below, the variance will: a) not
constitute a grant of special privileges inconsistent with limitations on other properties in
the vicinity and similar zone; b) ensure that the intent and purpose of the Zoning Code is
achieved with regard to location, site design, appearance, landscaping, etc.; and c) protect
the environment, public interest and general welfare.
DECISION
From the foregoing Findings and Conclusions, the Zoning Adjustor APPROVES
the proposal as generally set forth in the file documents, subject to compliance with the
following
CONDITIONS OF APPROVAL
I. GENERAL
1 . The following conditions shall apply to the applicant, owner and successors in
interest and shall run with the land.
2. 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 Code for Spokane County and be subject to such enforcement as is appropriate.
3. The Zoning Adjustor may administratively make minor adjustments to site plans
or the conditions of approval as may be judged by the Zoning Adjustor to be within the
context of the original decision.
II. PLANNING DEPARTMENT
1. These parcels shall not be further subdivided unless consistent with RCW 58.17,
the various county subdivision regulations and the Spokane County Comprehensive Plan for
the area.
2. The applicant shall develop subject property generally in accordance within the
concept presented to the Hearing Body. Variations, when approved by the Planning
Director/designee, may be permitted, including, but not limited to building location,
landscape plans and general allowable uses of the permitted zone. All variations must
conform to regulations set forth in the Zoning Code for Spokane County, and the original
intent of the development plans shall be maintained.
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CASE NO. VE-7-92 SPOKANE COUNTY ZONING ADJUSTOR PAGE4
III. DEPARTMENT OF BUILDINGS
1 . The issuance of a building permit by the Department of Buildings is required.
2. Each dwelling shall be double plumbed for connection to a future area-wide
collection system.
IV. DIVISION OF UTILITIES
1 . Pursuant to the Board of County Commissioners Resolution No. 80-0418, the use
of on-site sewer disposal systems is hereby authorized. This authorization is conditioned on
compliance with all rules and regulations of the Spokane County Health District and is
further conditioned and subject to specific application approval and issuance of permits by
the Health District.
2. The Owner(s) or Successor(s) in interest agree to authorize the County to place
their name(s) on a petition for the formation of a ULID by petition method pursuant to RCW
36.94 which the petition includes the Owner(s) property and further not to object by the
signing of a protest petition against the formation of a ULID by resolution method pursuant
to RCW Chapter 36.94 which includes the Owner(s) property. PROVIDED, this condition
shall not prohibit the Owner(s) or Successor(s) from objection to any assessment(s) on the
property as a result of improvements called for in conjunction with the formation of a ULID
by either petition or resolution method under RCW Chapter 36.94.
3. Any water service for this project shall be provided in accordance with the
Coordinated Water System Plan for Spokane County, as amended.
4. Each dwelling unit shall be double plumbed for connection to future area-wide
collection systems.
V. HEALTH DISTRICT
1 . Sewage disposal method shall be as authorized by the Director of Utilities,
Spokane County.
2. Water service shall be coordinated through the Director of Utilities, Spokane
County.
3. Water service shall be by a new/an existing public water supply when approved
by the Regional Engineer (Spokane), State Department of Health.
4. Subject to specific application approval and issuance of permits by the health
officer, the use of individual on-site sewage disposal system(s) may be authorized.
5. Disposal of sewage effluent beneath paved surfaces is currently prohibited.
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CASE NO. VE-7-92 SPOKANE COUNTY ZONING ADJUSTOR PAGE 5
6. Sewage disposal method shall be as authorized by the Director of Utilities,
Spokane County.
7. Use of private wells and water systems is prohibited.
VI. DIVISION OF ENGINEERING AND ROADS
1 . An approach permit shall be obtained from the County Engineering Department
prior to the construction of any new driveway approaches. This shall be done prior to the
release of a building permit, change of use permit or certificate of occupancy.
2. Applicant shall sign and record Spokane County Notice to the Public No. 6 which
specifies the following:
The owner(s) or successor(s) in interest agree to authorize the County to place their
name(s) on a petition for the formation of a Road Improvement District (RID) by the
petition method pursuant to Chapter 36.88 RCW, which petition includes the owner(s)
property, and further not to object, by the signing of a ballot, the formation of a RID by the
resolution method pursuant to Chapter 36.88 RCW, which resolution includes the owner(s)
property. If an RID is formed by either the petition or resolution method, as provided for in
Chapter 36.88 RCW, the owner(s) or successor(s) further agree:
(a) that the improvement or construction contemplated within the proposed RID is
feasible;
( b ) that the benefits to be derived from the formation of the RID by the property
included therein, together with the amount of any County participation, exceeds
the cost and expense of formation of the RID; and
(c) that the property within the proposed RID is sufficiently developed.
Provided further that the owner(s) or successor(s) shall retain the right, as authorized
under RCW 36.88.090, to object to any assessment on the property as a result of the
improvements called for in conjunction with the formation of the RID by either petition or
resolution method under Chapter 36.88 RCW.
This requirement applies to 3rd Avenue, from which the subject parcel takes access.
NOTICE: PENDING COMPLETION OF ALL CONDITIONS OF APPROVAL WHICH NEED TO BE
COMPLETED PRIOR TO PERMIT ISSUANCE,PERMITS MAY BE RELEASED PRIOR TO THE
LAPSE OF THE TEN (10)-DAY APPEAL PERIOD. HOWEVER,THE COUNTY HAS NO LIABILITY
FOR EXPENSES AND INCONVENIENCE INCURRED BY THE APPLICANT IF THE PROJECT
APPROVAL IS OVERTURNED OR ALTERED UPON APPEAL
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CASE NO. VE-7-92 SPOKANE COUNTY ZONING ADJUSTOR PAGE 6
(c) that the property within the proposed RID is sufficiently developed.
Provided further that the owner(s) or successor(s) shall retain the right, as authorized
under RCW 36.88.090, to object to any assessment on the property as a result of the
improvements called for in conjunction with the formation of the RID by either petition or
resolution method under Chapter 36.88 RCW.
This requirement applies to 3rd Avenue, from which the subject parcel takes access.
NOTICE: PENDING COMPLETION OF ALL CONDITIONS OF APPROVAL WHICH NEED TO BE
COMPLETED PRIOR TO PERMIT ISSUANCE,PERMITS MAY BE RELEASED PRIOR TO THE
LAPSE OF THE TEN (10)-DAY APPEAL PERIOD. HOWEVER,THE COUNTY HAS NO LIABILITY
FOR EXPENSES AND INCONVENIENCE INCURRED BY THE APPLICANT IF THE PROJECT
APPROVAL IS OVERTURNED OR ALTERED UPON APPEAL
DATED this 5 -f1 i' clay of May, 1992.
!."its , `k..
THOM•S G. USHER,AICP
Zoning •djustor
Spoka Coun , Washington
FILED:
1 ) Applicant (Certified/Return Receipt Mail)
2 ) Opponents of Record
3 ) Spokane Division of Engineering and Roads
4 ) Spokane County Health District
5 ) Spokane County Division of Utilities
6 ) Spokane County Department of Buildings
7 ) Spokane County Fire Protection District No. 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 THE ABOVE DATE OF SIGNING. APPEAL MUST BE
ACCOMPANIED BY A$120.00 FEE. APPEALS MAY BE FILED AT THE SPOKANE COUNTY
PLANNING DEPARTMENT,BROADWAY CENTRE BUILDING,NORTH 721 JEFFERSON STREET,
SPOKANE, WA 99260 (Section 14.412.042 of the Zoning Code for Spokane County).
Rp-VE-7-92 Decision
A
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S P O K A N E ; f�"i�J- 0,3;lirreEtL' C O U N T Y
DEPARTMENT OF BUILDINGS • A DIVISION OF THE PUBLIC WORKS DEPARTMENT
JAMES L.MANSON,C.B.O.,DIRECTOR DENNIS M.SCOTT,f.E.,DIRECTOR
TO: 2oiv I N A Da uS T o R , Planning Department
r FROM: Tom Davis, Code Compliance Coordinator
DATE: 4- -�l a
RE: File Number: V E 1"�a
Address: E.. 1400(o 1'1oaa 1 1(1120 3Cd AYE
Our comments regarding the above are reflected in the marked box(es) below:
The applicant shall contact the Department of Buildings at the earliest possible stage of design/development in order to be
informed of code requirements administered/enforced by the department; e.g., State Building Code Act regulations such as
requirements for fire hydrant/flow,fire apparatus access roads,street address assignment,barrier-free regulations,energy code
regulations,and general coordination with other aspects of project implementation.
The issuance of a building permit by the Department of Buildings is required.
Requirements of Fire District No. need to be satisfied during the building permit process.
The applicant is advised that the private road shall be named and signed in accordance with the provisions of Spokane County
Road Standards. This condition may be waived in the event that the Department of Buildings determines addressing on the
private road is not acceptable. However, at such time the Department of Buildings feels the need for the road to become a
private,named road,the applicant/owner shall participate and cooperate in this process.
The required fire flow for any building or subdivision is determined by building size, type of construction and proximity of
exposures. Based on information presented to this office regarding this subdivision,the minimum fire flow established by code
of 500 gallons per minute for 30 minutes is being required.
Hydrant distribution will be as follows: Residential Development(s). Fire hydrants shall be located at roadway intersections
wherever possible and the maximum average distance between them shall be no furhter than 900 feet and these hydrants shall
be placed so no portion of the structures are in excess of 450 feet from a hydrant.
This department has not received verification that the required water plan has been submitted and approved.
Before any building permits are issued, the water system shall be installed in accordance with the approved water plan.
Certification that the installation complies with the requirements of the plan shall be submitted to the Department of Buildings.
We have no requirements for this proposal-existing conditions.
No additional comments.
Specific comments are as follows:
CODE ENFORCEMENT DIVISION
WEST 1303 BROADWAY•SPOKANE,WASHINGTON 99260-0550•(509)456-3675
FAX(509)456-4703