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1987, 09-11 VE-74-87 Variance for lot frontageZONING ADJUSTOR SPOKANE COUNTY, WASHINGTON IN THE MATTER OF VARIANCES FROM THE REQUIREMENTS) FOR MINIMUM (1) FRONTAGE ON A PUBLIC ROAD AND } FINDINGS, CONCLUSIONS (2) LOT DEPTH -TO -WIDTH RATIO. (VE -74-87);) AND DECISION LANCE AND ELIZABETH ELLIOTT ) SUMMARY OF APPLICATION: The applicant's parcel of land has only 27 feet of continuous public road frontage and has a lot depth -to -width ratio of approximately 12 to 1, whereas the Spokane County Zoning Ordinance, respectively, in Sections 4.05.040 and 4.17.130 requires a minimum of 65 feet of continuous public road frontage and that a parcel's depth be no more than 3 times the parcel's width. Authority to consider and grant such a request exists pursuant to Sections 4.03.020 64. and 4.25.030 b. of the Spokane County Zoning Ordinance. LOCATION: The parcel is generally located in the Spokane Valley, south of and adjacent to 4th Avenue and east of Bolivar Road in the NW 1/4 of Section 23, Township 25, Range 44. The Assessor's parcel number is 23542-9126. The parcel will be addressed as E. 14118 4th Avenue. DECISION OF THE ZONING ADJUSTOR: Based upon the evidence presented and circumstances associated with the project proposal, the Zoning Adjustor APPROVES the proposal, conditioned and stipulated as set forth below. PUBLIC HEARING: After examining all available information on file with the application and visiting the subject property and surrounding area, the Zoning Adjustor conducted a public hearing on September 9, 1987, rendered a verbal decision on September 9, 1987, and a written decision on September 11th, 1987 FINDINGS OF FACT l.' The proposal is generally located in the Spokane Valley, south of and adjacent to 4th Avenue and east of Bolivar Road in the NW 1/4 of Section 23, Township 25, Range 44, and is further described as Assessors Parcel #23542-9126, being more completely described in Zoning Adjustor File #VE -74-87. The property is addressed as E. 14118 4th Avenue. 2. The proposal consists of a parcel which is both inconsistent with the required lot depth -to -width ratio as well as the minimum frontage on a public road. The applicants desire to obtain variances from each of those two standards in order to locate a single family dwelling unit on the parcel of land. The parcel is .54 acres, has 27 feet of frontage on 4th Avenue and is approximately 12 times deeper than it is wide. The applicants purchased the property, configured as it is, and wish to establish the privilege of locating a single family dwelling unit on the land. Prior to that a Certificate of Exemption was issued for this parcel and two others as a result of minor lot line adjustments, which created no additional lots for the area (see CE -51-85). 3. The adopted Spokane County Future Land Use Plan designates the area of the proposal as Urban and the proposal is consistent with the County's entire Comprehensive Plan, including the Future Land Use Plan. FINDINGS, CONCLUSIONS AND DECISION VE -74-87; LANCE AND ELIZABETH ELLIOTT PAGE 2 4. The site is zoned Agricultural -Suburban which would allow the proposed use upon approval of this application. 5. The existing land uses in the area of the proposal include green houses, nursery uses and both small and large parcel residential development, all of which are compatible with the proposal. 6. The applicant stated that there were at least two examples in the area of similar situations; one of which was to the south of their property fronting on 8th Avenue; and (2) another one located on 8th Avenue at the Koeller residence. 7. 'The proposal is exempt from the provisions of Chapter 43.21C RCW pursuant to WAC 197-11-800 (6) (b). 8. The applicant's have been made aware of the recommendations of various County/State agencies reviewing this project and have indicated they can comply with those recommendations. 9. The parcel under consideration has been found to comply with state and local subdivision regulations (see File CE -51-85A). 10. The proposed site plan indicates that setbacks, parking and height of the structure(s) will conform to the Spokane County Zoning Ordinance. 11. No one appeared to oppose the proposal nor were any written comments adverse to the proposal received. 12. The proper legal requirements for advertising of the hearing before the Zoning Adjustor of Spokane County have been met. 13. Any conclusion hereinafter stated which may be deemed a finding herein is hereby adopted as such. From the Findings, the Zoning Adjustor comes to these: CONCLUSIONS 1. A Certificate of Exemption has been issued. 2. The variances will not authorize a use otherwise prohibited in the zone. 3. With the conditions of approval set forth below, the variances 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 Ordinance is achieved with regard to location, site design, appearance, and landscaping, etc; and c) protect the environment, public interest and general welfare. 4. There are special circumstances applicable to the property, which when combined with the standards of the Zoning Ordinance, create practical difficulties for the use of the property and/or deprive the property of rights and privileges common to other properties in the vicinity and similar zone classifications. The segregation which created an irregular shaped parcel occurred in 1974, before there were regulations against such a division. This created a parcel which was not only irregular in shape, but was not easily utilized. The minor lot line adjustment which occurred later, and for which the Certificate of Exemption was issued in 1985, made the best available use of the inadequately shaped parcel of land. 5. Granting the variances will be neither materially detrimental to the public welfare nor injurious to property or improvements in the vicinity and zone. FINDINGS, CONCLUSIONS AND DECISION VE -74-87; LANCE AND ELIZABETH ELLIOTT PAGE 3 6. Strict application of the zoning standards does create an unreasonable burden in light of the purpose to be served by the standards. 7. The case for the variances was not supported by substantial reference to or reliance upon legal or non -conforming precedent(s). 8. Granting the variances will not adversely affect the overall zoning design, plan or concept for either the immediate area or the entire County. 9. The case for a variances was not based substantially upon a lack of reasonable economic return nor a claim that the existing structure is too small. 10. Granting of the variances will not be inconsistent with the general purpose and intent of the Comprehensive Plan. 11. The practical difficulty which gives rise to the variances request did exist before the present owner acquired the property. 12. The granting of the variances will not result in defacto zone reclassification. 13. The requested variances are not substantially for the purpose of circumventing density regulations designed to protect the Spokane Valley-Rathdrum Prairie Aquifer. 14. While the project does not comply with every detail of the provisions of the Spokane County Zoning Ordinance, the project does not violate the spirit or intent of the ordinance. 15. 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. 16. The proposal will not be detrimental to the Comprehensive Plan or the surrounding properties. 17. 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. 18. Any finding hereinbefore stated which may be deemed a conclusion herein is adopted as such. DECISION From the foregoing Findings and Conclusions, the Zoning Adjustor APPROVES the proposal, including acting on behalf of the Subdivision Administrator to approve the associated Certificate of Exemption. The following CONDITIONS OF APPROVAL ARE STIPULATED. CONDITIONS OF APPROVAL I. GENERAL 1. The following conditions shall apply to the applicant, owner and successors in interest. 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 Ordinance and be subject to such enforcement actions as are appropriate. FINDINGS, CONCLUSIONS AND DECISION PAGE 4 VE -74-87; LANCE AND ELIZABETH ELLIOTT 3. This parcel shall not be further subdivided unless consistent with RCW 58.17, the various county subdivisions regulations and the Spokane County Comprehensive Plan for the area. 4. The Building and Safety Department shall assist in coordination of this decision by routing building permit application(s) to the various departments which participate in or take actions to ensure that various required written documents have been executed and filed. II. PLANNING DEPARTMENT 1. Development at the site shall take place in substantial conformance to the approved site plan in Zoning Adjustor File #VE -74-87, dated September 10, 1987. III. DEPARTMENT OF BUILDING & SAFETY 1. The applicant shall provide written verification from Fire District #1 to the Department of Building and Safety that provisions have been made for adequate fire protection prior to the release of building permits. 2. The Building and Safety Department shall assist in coordination of this decision by routing building permit application(s) to the various departments which participate in or take actions to ensure that various required written documents have been executed and filed. IV. 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 Officer. 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 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 an existing public water supply when approved by the Regional Engineer (Spokane), State Department of Social and Health Services. FINDINGS, CONCLUSIONS AND DECISION PAGE 5 VE -74-87; LANCE AND ELIZABETH ELLIOTT 4. Subject to specific application approval and issuance of permits by the Health Officer, the use of an individual on-site sewage system may be authorized. VI. ENGINEERING DEPARTMENT 1. The owner(s) or successor(s) in interest must obtain an approach permit from the County Engineer prior to the construction of any new access to the county road. This must be accomplished prior to the release of a building permit. 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 (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 11TH DAY OF SEPTEMBER, 1987. mas sMosher A Zoning Adjustor, Spokane Co n Washington FILED: 1) Applicant 2) Parties of Record 3) Spokane County Engineering Department 4) Spokane County Health District 5) Spokane County Utilities Dept. 6) Spokane County Dept. of Building & Safety 7) Planning Dept. 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, N. 721 JEFFERSON ST., SPOKANE, WA 99260. (Sections 4.25.090 and 4.25.100 of the Spokane County Zoning Ordinance). 0049z/9-87 September 9, 1987 Agenda September 1, 1987 Page 2 of 3 VE -74-87 - EAST 14118 4TH AVENUE 1. Department Findings A. In accordance with Section 301 of the Uniform Building Code, all buildings and structures including mobile homes and fences over six feet in height requires the issuance of a building permit by the Department of Building and Safety. B. Project is located within Fire District No. 1. C. Depending on the extent of existing water mains and hydrant locations, fire hydrants which meet the minimum fire flow requirements as enumerated in Chapter 6, Title 3 of the Spokane County Code, may be required to be installed prior to any construction. D. Address for this property is East 14118 4th Avenue. 2. Building and Safety Code Requirements A. The applicant shall provide verification from the Fire District to the Department of Building and Safety that provisions have been made for adequate fire protection prior to the release of building permits. VE -73-87 - NORTH 4604 LUCILLE ROAD 1. Department Findings A. In accordance with Section 301 of the Uniform Building Code, all buildings and structures including mobile homes and fences over six feet in height requires the issuance of a building permit by the Department of Building and Safety. B. Project is located within Fire District No. 1. C. Address for this property is North 4604 Lucille Road.