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1990, 04-04 Case: CUE-4-90 Findings of Fact (F7027 ZONING ADJUSTOR SPOKANE COUNTY, WASHINGTON IN THE MATTER OF A CONDITIONAL ) USE PERMIT FOR A DUPLEX IN THE ) FINDINGS OF FACT, AGRICULTURAL ZONE ) CONCLUSIONS, [CUE-4-90] LARRY DIERKS ) DECISION AND ORDER COMPANION FILES: SP-579-89 ) PARCEL NUMBER: 20552-0264 APPLICATION DESCRIPTION: The applicant is requesting permission to erect a duplex in the Agricultural Zone. Sections 4.04.170 (ii) and 4.24.540 of the Spokane County Zoning Ordinance allows this use in the Agricultural Zone with a Conditional Use Permit. Authority to consider such a request exists pursuant to Section 4.25 of the Spokane County Zoning Ordinance. PROJECT LOCATION: Generally located at the northeast corner of the intersection of Barker Road and Eighth Avenue in the NW 1/4 of Section 20, Township 25N, Range 45EWM Spokane County, Washington. OPPONENTS OF RECORD: 1. James E. Rouet 2. James&Maxine Crigger 3. Diana Thelen 4. Mary Hansen 5. Lyle&Elaine McKibbin 6. Lonnie Benn 7. Bonnie&David Weathers 8. Jim&Linda Erickson PUBLIC HEARING: After consideration of all available information on file,exhibits submitted and testimony received during the course of the public hearing held on March 14, 1990, and the Zoning Adjustor rendered a written decision on April 4, 1990. FINDINGS OF FACT AND CONCLUSIONS 1. The proposal is described above. 2. The adopted Spokane County Comprehensive Plan designates the area of the proposal as Urban and it lies within the Urban Impact Area. The proposed use is consistent with this category in that the density guidelines for residential use are highest in the Urban Category. The Urban Category anticipates densities substantially greater than those currently proposed. The Urban Category promotes the infilling of residential development and the provision of a broad range of public services and facilities. 3. The site is zoned Agricultural,which allows the proposed use upon approval of this • application. The applicant has demonstrated that all requirements set forth in 4.24.540 of the Spokane County Zoning Ordinance can be complied with in the proposal. 4. The existing land uses in the area of the proposal include predominantly single family residences on both smaller parcels and acreage tracts. These appear generally compatible with the proposal. There is substantial open space and farm animal keeping in the area which must be recognized by owners of the property and which can be incorporated as conditions of approval. CASE NO. CUE-4-90 SPOKANE COUNTY ZONING ADJUSTOR PAGE 2 5. The Zoning Adjustor notes that the applicants must be able to rely on the Comprehensive Plan and official regulations in purchasing or developing property. Where agencies raise specific concerns about the impact of a proposal,conditions may be attached to resolve those issues. 6. The applicant has been made aware of the recommendations of various County agencies reviewing this project and has indicated those recommendations are acceptable. No adverse comments or concerns have been raised by any reviewing agency. 7. The proposal is exempt from the provisions of the Washington State Environmental Policy Act, Chapter 43.21C RCW and the Spokane County Environmental Ordinance Section 11.20.070 (a). 8. The proper legal requirements for advertising of the hearing before the Zoning Adjustor of Spokane County have been met. 9. Considerable adverse testimony and written comments were received regarding the proposal. The chief concern was that the proposed use would introduce a high density pattern of development into the area,inconsistent with the established residential character. A number of people also felt that the traffic increase to the area from the project would create safety problems. 10. Residents of nearby subdivisions indicated their property has covenants against the development of duplexes. The Zoning Adjustor notes the subject property is not bound by these covenants. Short Plat 579-89 of which the proposal is a part also has no restrictions on the development of duplexes. 11. The Zoning Adjustor notes that the property was formally subdivided into two lots, (See County Short Plat 579-89),and that the lot in question meets all subdivision requirements for development. 12. The subject site is scheduled to crossover to the Urban Residential 3.5 zone on January 1, 1991, at which time the proposed duplex would be permitted outright because duplexes are allowed uses with 20,000 square feet of lot area in the Urban Residential 3.5 Zone. 13. The Zoning Adjustor notes further that this area is at an intersection of two County Arterials, 8th Avenue and Barker Road. The traffic increase from this project will be insignificant as compared to the overall traffic volumes at this intersection. Additionally,the proposed structures have been oriented to provide for eventual improvements of these rights- of-way when deemed appropriate by the Board of County Commissioners and County Engineers. 14. The Zoning Adjustor concludes that based upon Zoning Ordinance standards, Comprehensive Plan guidelines of both the Urban designation and Urban Impact Area Boundary and adjacent arterials that the project warrants approval. CASE NO. CUE-4-90 SPOKANE COUNTY ZONING ADJUSTOR PAGE 3 DECISION From the foregoing Findings and Conclusions, the Zoning Adjustor APPROVES the proposal, subject to compliance with the following CONDITIONS OF APPROVAL The following conditions shall apply to the applicant,owner and successors in interest and shall run with the land. I. PLANNING DEPARTMENT 1. The site be developed as shown on the site plan and described in the public hearing. 2. Building setbacks shall be measured from the Future Acquisition Area for County Arterials as shown on the final plat of SP-579-89. 3. The owners, successors in interest recognize that the proposal is located in an area where agricultural activities and farm animals have been established. II. DEPARTMENT OF BUILDING & SAFETY • 1. The issuance of a building permit by the Department of Building and Safety is required. 2. Requirements of Fire District No. 1 need to be satisfied during the building permit process. III. UTILITIES DEPARTMENT 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. CASE NO. CUE-4-90 SPOKANE COUNTY ZONING ADJUSTOR PAGE 4 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 new dwelling unit shall be double-plumbed for connection to future areawide collection systems. IV. HEALTH DISTRICT 1. Water service shall be by an existing public water supply when approved by the Regional Engineer(Spokane), State Department of Social&Health Services. 2. Subject to specific application approval and issuance of permits by the health officer, the use of an individual on-site sewage disposal system(s) may be authorized. 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 INCONVENIENCE INCURRED BY THE APPLICANT IF THE PROJECT APPROVAL IS OVERTURNED OR ALTERED UPON APPEAL. DATED this 4th day of April, 1990. / lad4s$1.A D•�4 GLAS S. ADAMS •ning Adjustor Spokane County, Washington 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 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$100.00 FEE. APPEALS MAY BE FILED AT THE SPOKANE 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).