1994, 07-22 Order of Dismissal A"
IN THE DISTRICT COURT OF THE STATE OF WASHINGTON +r, X} �
IN AND FOR THE COUNTY OF SPOKANE ;; 2 1.994
0 COUNTY OF SPOKANE )
1.1}ed7gt
)
0 STATE OF WASHINGTON ) CASE NO. r D- L
Plaintiff, )
ORDER OF DISMISSAL
v. )
* * * * * * * * * * * * *
I. BASIS
Plaintiff moved the court for an order dismissing this case.
The complainant/victim has requested that this case be dismissed.
Plaintiff is in agreement.
II. FINDINGS
After reviewing the case record to date, and the basis for the
motion, the court finds that good cause exists to grant this
motion. 1 -v e. ,' s-N-v ")< <_. In E. tx. •r. Ci v c_c1 .
III . ORDER
IT IS ORDERED that this case is hereby d' ss=•
DATED: 71 t, LI JUDGE
Presented by: Agreed by:
C2-
Frank Christoff, WSBAi# 20213 NON MOVING PARTY
Deputy Prosecuting Attorney
•
PiI •
BOARD OF ADJUSTMENT
SPOKANE COUNTY, WASHINGTON
IN THE MATTER OF APPEAL OF ) FINDINGS OF FACT,
ADMINISTRATIVE DETERMINATION ) CONCLUSIONS,
TUE-1-94 TO DENY A 6-MONTH ) AND DECISION
TEMPORARY USE PERMIT )
FILE NO.: TUE-1-94
COMPANION FILES: Spokan• 'ngs
File sr 14323-E. 12th Avenue
APPLICANT/APPELLANT: BAR : CHER
SITE SPECIFIC LOCATION: Generally located north of and adjacent to 12th Avenue
approximately 1/4 mile east of Evergreen Road in Section 23,Township 25N, Range 44EWM,
Spokane County,Washington; and is legally described as: the East 1/2 of the West 1/2 of
Block 160 of Vera,Except the North 320 feet, situated in Spokane County,Washington;
14323 E. 12th Avenue.
PARCEL NUMBER: 45233.1105
BACKGROUND REGARDING ADMINISTRATIVE
DETERMINATION & APPEAL
The applicant/appellant requested an Administrative Determination for a 6-month Temporary
Use Permit which would allow the lawful continuance of an existing(illegal) manufactured
home on his property. The manufactured home is the second of two dwellings located on this
parcel. The Zoning Code of Spokane County, §14.416.000, states there shall be only one
residential dwelling unit per buildable lot. The appellant Bucher sought relief to continue the
presence of this second dwelling for six months. The formal decision denying the Temporary
Use Permit was issued March 1, 1994 by the Spokane County Planning Department. The
decision was appealed in a timely fashion on March 21, 1994. The Case Before the Board of
Adjustment was conducted on June 15, 1994 and involves a review of the Planning
Department's Admimistrative Determination to deny the 6 month Temporary Use Permit.
FINDINGS OF FACT
AND CONCLUSIONS
1. The proposal is described above and detailed in documents contained in the file
(TUE-1-94).
2. The Administrative Determination (TUE-1-94)of the Spokane County Planning
Department issued on March 1, 1994,is accurate in its Summary of Facts and is incorporated
herein by reference, except for Finding of Fact No. 12 which is not relevant to this case.
3. The proper legal requirements for advertising of the hearing before the Board of
Adjustment of Spokane County have been met, of the Spokane County Zoning Code.
4. As per Chapter 14.510,Temporary Uses, of the Spokane County Zoning Code, a
Temporary Use Permit may be granted for not more than a six month period. The proposed
ti
CASE NO. TUE-1-94 SPOKANE COUNTY BOARD OF ADJUSTMENT PAGE 2
use has been established in violation of the Zoning Code for a period exceeding 6 months and
as such a further extension of the use is inconsistent with the provision of Chapter 14.510.
5. As disclosed in the public hearing, the current use of the manufactured home as a
dwelling includes the removal of the wheels, construction of skirting,provision for utilities,
and occupation as a residence. Considering these factors,it is the opinion of some of the
Board that the proposed use does involve the erection of a substantial structure which is
inconsistent with the provisions for granting a Temporary Use under Chapter 14.510 of the
Spokane County Zoning Code.
6. Mr.Dwight Hume submitted a written minority opinion which states as follows:
"While the Board is in full agreement with Finding No. 4 above, (and said
finding is,in and of itself, sufficient grounds for denial), the Board differs
on Finding No. 5 above. Accordingly, Board members Hume and Powel
find that the spirit and intent of the Spokane County Zoning Code regarding
Chapter 14.510 (Temporary Use)is to allow any use which, subject to
review and approval, is found to:
a) be compatible with the adjacent land uses;
b) not exceed a duration of six month; and,
c) not be of such'substantial improvement' as to cause an extraordinary
burden in the removal and phase out.
Accordingly,we believe that a mobile home can be allowed as a temporary
use since it does not create an extraordinary burden of removal and is
therefore, not a'substantial improvement.'
DECISION
From the foregoing Findings and Conclusions, the Board of Adjustment affirms the
Administrative Decision of the Spokane County Planning Department and DENIES the
proposal as set forth in the file documents.
DATED this day of July, 1994.
BOARD OF ADJUSTMENT OF SPOKANE
COUNTY, WASHINGTON
1/1111r "Or OP
Vict� astleberry, MD, Chairperson
Dwight ume
HD/CUE-1-94 Bucher B/A decision
CASE NO. TUE-1-94 SPOKANE COUNTY BOARD OF ADJUSTMENT PAGE 3
Robert M.Wills
Scott R. mit
,YZ°
aul E.Eic
/ --
Dr.W:yne Dwel
1111
Martin Hibbs
FILED:
1) Applicant(Certified/Return Receipt Mail)
2) Opponents of Record(none)
3) Spokane Division of Engineering and Roads
4) Spokane County Health District
5) Spokane County Division of Utilities
6) Spokane County Division of Buildings,Bill Benish
7) Spokane County Fire Protection District No. 1
8) Planning Department Cross-reference File and/or Electronic File
9) Prosecuting Attorney's Office,Attn: Frank Christoff
10) Vera Water&Power
APPEAL SHALL BE TO A COURT OF COMPETENT JURISDICTION FOR A WRIT OF
CERTIORARI,A WRIT OF PROHIBITION OR A WRIT OF MANDAMUS WITHIN 10
DAYS OF THE DATE OF THIS DECISION. (Section 14.412.042 1 of the Zoning Code for
Spokane County).
HD/TUE-1-94 Bucher B/A decision