2008, 02-06 Replacement of Manufactured Home Letter4.00, Valley
,COMMUNITY,DEVELOPMENT DEPARTMENT
PLANNING DIVISION
February 6, 2008
Ms. Sherr Witzke
7307 E 7'" Ave
Spokane Valley, WA
99212
SUBJECT: Replacement of manufactured home — 7307 E. 7112 Ave
Dear Ms. Witzke
After careful review of your permit, City staff has determined that we cannot approve this permit. Under
the City's development code, the previous structure was considered non -conforming. A non -conforming
structure is one "which was legal when built, but which does not conform to subsequently enacted or
amended regulations." The previous structure fit this definition due to its age.
According to the City of Spokane Valley's Uniform Development Code (UDC), section 19.20.060(3)(e),
(Non -conforming Structures):
"Any non -conforming structure damaged by fire, flood, neglect, or act of God may be
replaced if: (1) Restoration of the structure is initiated within twelve (12) months; and (2)
The damage represents less than eighty percent (80%) of market value of the structure."
Since the previous manufactured home sustained damage, due to a fire, which resulted in more than 80%
market value of the structure, replacement of the structure must conform to current Uniform Development
Code (UDC) standards.
Enclosed you will find copies of the Non -conforming and Manufactured Home sections of the UDC for
your review. You have the right to appeal this decision pursuant to Spokane Valley Uniform
Development Code section 17.90 (Appeals).
Please contact me at (509) 688-0046 or tschmidtc sookanevallev.org if you have any questions.
Sincerely,
TAMS R. SCHMIDT
Assistant Planner
Community Development Department
Enclosure: Section 19.20.060 (Non -conforming Structures)
Section 19.40.120 (Manufactured Housing)
CC: City of Spokane Valley—Building Division
Barbara Bacon, 14817 E. 2v° Ave, Spokane Valley, WA 99216 (Landowner of Record)
I oft
Uniform Development Cade Title 19
dust, toxic material and vibration likely to be generated and the general requirements for public
utilities such as water and sanitary sewer,
3. The Commission shall consider the nature and described performance of the proposed use and
its compatibility with the uses permitted in the various districts and determines the zoning
district or districts where such use should be permitted. Proposed changes in the Schedule of
Permitted Uses for any new or unlisted uses shall be transmitted to the Council following notice
and hearing;
4. The Council shall by ordinance, approve, modify, or deny the recommendation of the
Commission.
19.20.060 Non -Conforming Uses and Structures.
1. Applicability
Legal non -conforming uses and structures include:
a. Any use, which does not conform with the present regulations of the zoning district in
which it is located shall be deemed a non -conforming use if it was in existence and in
continuous and lawful operation prior to the adoption of these regulations;
b. Any permanent structure in existence and lawfully constructed at the time of any
amendment to this Code, which by such amendment is placed in a district wherein it is
not otherwise permitted and has since been in regular and continuous use;
c. Any permanent structure lawfully used or constructed that was in existence at the time
of annexation into the City and which has since been in regular and continuous use;
d. The provisions of this chapter do not apply to structures or uses deemed non-
conforming only pursuant to the Shoreline Management Act (RCW 90.58) and the
Spokane Valley Shoreline Master Program (SVMC 21.50).
2. Continuing Lawful Use of Property
a. The lawful use of land at the time of passage of this Code, or any amendments hereto,
may be continued, unless the use is discontinued or abandoned for a period of twelve
(12) consecutive months. The right to continue the non -conforming use shall inure to
all successive interests in the property. It is specifically provided however, that any non-
conforming use discontinued as a result of foreclosure or judicial proceedings, including
probate, shall be permitted to continue for a period not to exceed twenty-four (24)
months. Discontinuance of a non -conforming use shall commence on the actual act or
date of discontinuance.
b. A non -conforming use that is abandoned or discontinued shall not be replaced with
another non -conforming use.
c. A non -conforming use which has not been abandoned or discontinued may be replaced
with the following:
i. A conforming use;
H. Another non -conforming use, provided that the new use is not less conforming
than the prior use. This determination will be made by the Director based on
the NAICS codes;
iii. The proposed use places no greater demand on transportation and other
public facilities than the original use; or
iv. The proposed use does not adversely affect or interfere with the use of
neighboring property.
d. A non -conforming use may be expanded only within the boundaries of the original lot or
tract and any adjacent lot or tract that was under the same ownership as the lot or tract
at the time the use on the original lot or tract became non -conforming if:
Effective October 28, 2007
Page 3 of 33
Uniform Development Code Title 19
1. The expanded use does not degrade the transportation level of service greater
than the original use; and
H. The expanded use es not adversely affect or interfere with the use of
neighboring property; and
Hi. Any transfer of ownership or interest on adjacent lots or tracts was made
contemporaneously with the transfer of ownership of the lot or tract on which
the non -conforming use is located as part of a single transaction; and
iv. The expansion does not create additional development opportunities on
adjacent tracts that would not otherwise exist.
e. Residential lots made nonconforming relative to lot size, lot depth, setbacks and width
shall be deemed in conformance with this Code, as long as the use of the lot is allowed
in the respective district.
f. Non -conforming uses that do not provide the required number of off-street parking
spaces pursuant to current standards shall not be considered as non -conforming.
g. Any non -conforming use damaged by fire, flood, neglect or act of nature may be
replaced if:
i. Restoration of the use is initiated within twelve (12) months; and
ii. The damage represents less than eighty percent (80%) of market value.
h. Any non -conforming use changed to a conforming use shall not be permitted to convert
to a non -conforming use
3. Non -Conforming Structures
Expansion of a non -conforming structure is allowed in accordance with the following:
a. The expansion or alteration does not change the occupancy classification under
adopted building codes;
b. The expansion or alteration d es not create additional non -conformity with respect to
building setbacks or lot coverage;
c. The number of dwelling units in a non -conforming residential structure does not
increase so as to exceed the number of dwelling units permitted within current
regulations;
d. Off-street loading and/or parking, stormwater detention and landscaping shall be
provided for the alteration or expansion in accordance with current provisions; and
e. Any non -conforming structure damaged by fire, flood, neglect or act of God may be
replaced if:
i. Restoration of the structure is initiated within twelve (12) months; and
ii. The damage represents less than eighty percent (80%) of market value of the
structure.
4. Completion of Permanent Structures
Nothing herein shall require any change in the plans, construction, or designated use of a
building or structure for which a building permit has been issued or a site plan approved by the
City or Spokane County prior to incorporation of the City before the effective date of this Code
nor shall any building or structure for which a substantially complete application for a building
permit was accepted by the Building Official on or before the effective date of these regulations,
provided that the building permit shall comply with all applicable regulations on the date that the
application was filed and the building permit is issued within one hundred eighty (180) days of
the effective date of these regulations.
Effective October 28, 2007
Page 4 of 33
Uniform Development Code Title 19
e. Before issuance of a conditional use permit, the applicant shall have demonstrated all
the applicable requirements of the Federal Communications Commission, Federal
Aviation Administration and any required avigation easements can be satisfied.
19.40.120 Manufactured Housing
1. Pursuant to the requirements of RCW 35.21, the City does not discriminate against consumers'
choices in the placement or use of a home that is not equally applicable to all homes. This
section applies only to manufactured housing units placed on individual lots.
2. Homes built to 42 U.S.C. 7 Sec. 5401-5403 standards (as they may be amended) are regulated
for the purposes of siting in the same manner as site -built homes, factory -built homes, or
homes built to any other state construction or local design standard, provided, however, that
the manufactured home shall:
a. Be a "new" manufactured home; and
b. Be set upon a permanent foundation, as specified by the manufacturer, and that the
space from the bottom of the home to the ground be enclosed by concrete or an
approved product which can be either load bearing or decorative; and
c. Comply with all local design standards, including the requirement for a pitched roof with
a slope of not less than 4:12, applicable to all other homes within the neighborhood in
which the manufactured home Is to be located; and
d. Be thermally equivalent to the state energy code. and
e. Otherwise meet all other requirements for a designated manufactured home as defined
in RCW 35.63.160.
3. This section does not override any legally recorded covenants or deed restrictions of record.
A "new manufactured home" means any manufactured home required to be titled under RCW
46, which has not been previously titled. to a retail purchaser, and is not a "used mobile home"
as defined in RCW 82.45.032(2).
A "designated manufactured home" is a manufactured home constructed after June 15, 1976,
in accordance with state and federal requirements for manufactured homes, which:
a. Is comprised of at least two (2) fully enclosed parallel sections each of not less than
twelve (12) feet wide by thirty-six (38) feet long; and
b. Was originally constructed with and now has a composition or wood shake or shingle,
coated metal, or similar roof of nominal 4:12 pitch; and
c. Has exterior siding similar in appearance to siding materials commonly used on
conventional site -built Intemational Building Code single-family residences.
19.40.130 Manufactured Home Parks
1. Manufactured home parks shall require approval of a binding site plan, which includes a
detailed site development plan in compliance with the development standards of this code.
2. The site development plan will be reviewed and approved for compliance with ordinances and
standards by the Spokane County Utilities Department, Spokane County Regional Health
District and other appropriate agencies.
3. Manufactured housing parks shall not exceed seven (7) units per acre with a minimum of 3,600
square feet per space.
4. The maximum building coverage for each manufactured home space shall be fifty percent
(50%), provided that open patio covers, awnings, and/or carports shall not be considered
buildings when calculating this coverage.
5. Each manufactured home space shall be a minimum of forty-five (45) feet in width with direct
frontage on a public or private road.
Effective October 28, 2007
Page 10 of 33
40,1\ft,
Sp"„okane
#Valley
Site Address: 7307 E 7TH AVE
Parcel Number: 35241.3905
Zoning: MF -1
Fire District: FD 01
Project
Transmittal
City of Spokane Valley
Community Development
Department
11703 E. Sprague Ave, Suite B3
Spokane Valley, WA 99206
Phone: 509.688.0036
New project
Previous pre -app meeting L
Plan revisions ❑
Transmittal Date:
Thursday, January 31, 2008
Project Number: 08000282
Water District: EAST SPOKANE
Applicant:
e-mail:
Contact:
e-mail:
Contractor:
BACON. BARBARA E
14817 E 2ND AVE
SPOKANE VALLEY. WA 99216
(509) 927-8908
BACON, BARBARA E
14817 E 2ND AVE
SPOKANE VALLEY, WA 99216
(509) 927-8908
BUD'S & DOUG'S MH SVC LLC
17906 E COWLEY AVE
GREENACRES. WA 99016
(509) 926-3626
Owner: BACON. BARBARA E
14817 E 2ND AVE
SPOKANE VALLEY. WA 99216
e-mail:
Occupant:
e-mail:
Arch / Engineer:
e-mail:
Project SET SINGLE WIDE MFH ON SEWER
Description:
Building
Landuse
Engineer
Utilities
Health
Fire Dist
Assessor
SITE PLA
•
Please send all plan review and project comments via e-mail to the
highlighted individuals.
•
Spokane
_#Malley
CommunityDevelopment
Permit Center
11703 E Sprague Ave, Suite B-3
Spokane Valley, WA 99206 RECEIVED BY
(509)688-0036 FAX: (509)688-06MMY OF SPOKANE VAL
wuw.spokanevalley.ors
JAN 31 2008
PER
Manufactured Home BY: R
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Permit Application Ern
SITE ADDRESS: T l= 6 6 17 frit
ASSESSORS PARCEL NO:
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LEGAL DESCRIPTION:
Building Owner:
Length: 52_
Contractor.
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Name: �J )'I
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Name: Q-tlhrl . [ JC. VY\. k-')6". 4e-Vr'
Address:73 0 c g /7 Ait_
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City State: ZiPAL(+ e i/
Phone: ( ) Fax:
Phone:5,. 4. ? 2`Fax: "Int^ '.7 Vt cls 7L(
Contractor Lic No:f9ook. ykDryl: 96-142
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Phone:,50q 997
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Describe the scope of work in detail: yaf ` y +'
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MANUFACTURED HOME
Width: fi 1 /o
Length: 52_
Year:
72,„ L
Pit Set:
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Manufacture: (\ t5 r 1' ?
Previous Address: g3- /C� , e u r r.•o u
Proposed Use: Jr
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The permitee verifies, acknowledges and agrees by their signature that: 1) If this permit Is for construction of or on a dwelling, the
dwelling is/will be served by potable water. 2) Ownership of this City of Spokane Valley Permit inure to the property owner. 3) The
signatory Is the property owner or has permission to represent the property owner in this transaction. 4) All construction is to be done
in full compliance with the City of Spokane Valley Development Code. Referenced codes are available for review at the City of
Spokane Valley Permit Center. 5) This City of Spokane Wiley Permit Is not a permit or approval for any violation of federal, state or
local laws, codes or ordinances. 6) Plans or additional information may be required to be submitted, and subsequently approved before
this application can be processed.
iLeLJ~a fa
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99 oa4
Signature
Method of Payment:
❑ Cash
Bankcard #:
Authorized Signature:
REVISED 8232005
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0 Check
Date 9 ,f(65
❑ Mastercard 0 VISA
Expires: VIN#:
11
730 7 F74
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