1994, 03-01 Findings of Fact, Conclusions & Decision L
BEFORE SPOKANE COUNTY PLANNING DEPARTMENT
li
IN THE MATTER OF ZONING ) FINDINGS OF FACT,
CERTIFICATE FOR A TEMPORARY ) CONCLUSIONS AND
USE PERMIT TUE-1-94 ) DECISION
THIS MA fIER, an application for an Temporary Use Permit,has been received and
decided upon, pursuant to The Spokane County Zoning Code regulations, on the /9(7
day of March, 1994.
FINDINGS OF FACT AND CONCLUSIONS
1. The individual signing below has been properly delegated the responsibility for
rendering this decision by the Spokane County Director of Planning.
2. The proposal is to allow a second residence on a parcel until a suitable property
has been found to relocate the second residence. Note: The second residence, a
manufactured home, is currently located on the site and occupied.
3. The proposal is generally located north of and adjacent to 12th Avenue
approximately 1/4 mile east of Evergreen Road in Section 23,Township 25 North,
Range 44 E.W.M., 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. The site address is E. 14323 12th Avenue.
4. The current zoning of the property described in the application is Urban
Residential-3.5 (UR-3.5), previously established as Agricultural zoning in 1942
(LE-62-42) and redesignated to Urban Residential-3.5 (UR-3.5) on January 1,
1991 consistent with the Program to Implement the Spokane County Zoning
Code.
5. The Spokane County Comprehensive Plan designates this area as Urban. The
Urban category is primarily for the development of residential uses.
6. Agencies having a potential interest in the property were notified and
recommendations solicited, and the required public notice is provided for this
decision.
7. A letter received from Spokane County Fire Protection District No. 1 on February
17, 1994 indicates that they have no objection to the issuance of a temporary use
permit for this parcel.
8. The project is exempt from environmental review under the State Environmental
Policy Act pursuant to WAC 197-11-800(1)(i).
9. The applicant is currently involved in an enforcement action initiated by the
Spokane County Department of Buildings. On May 5th, 1993 the applicant was
informed that he may be in violation of Section 301 of the Uniform Building Code
which requires a building permit prior to placement of a mobile home on the
property. Follow up correspondence with the applicant was unsuccessful in
resolving the violation, and on August 18, 1993 the Department of Buildings filed
an Affidavit of Probable Cause concerning the Building Code violation. The
Prosecuting Attorney's Office is pursuing the violation in District Court.
10. The subject property is in violation of Chapter 14.416 and 14.616 of the Spokane
County Zoning Code. Chapter 14.416 states in part that:
There shall be no more than one (1)residential dwelling unit per
buildable lot unless specifically permitted by the zone.
In this case, the subject property is in the Urban Residential-3.5 zone (Chapter
14.616) which does not peimit two separate residential dwellings on a single lot.
FINDINGS AND DECISION TUE-1-94 Page 2
11. The applicant participated in a preliminary short plat conference on June 1st, 1993
with the Planning Department. The preliminary conference provides the required
information to be submitted prior to acceptance of an application for a preliminary
short plat. While the submission of a short plat application would have addressed
the Zoning Code and Unifoi in Building Codes violations,the applicant did not
pursue this option and a short plat application was not submitted.
12. Numerous cars and trucks are stored on the site and may be in violation of the
Storage Standards for the Urban Residential-3.5 zone (Chapter 14.616.355). The
storage standards allow only two unlicensed or inoperable vehicles and require
screening, unless the vehicles are entirely enclosed within a building.
DECISION
BASED UPON THE ABOVE Findings of Fact and Conclusions, Temporary Use
Application TUE-1-94 is hereby DENIED. This decision is final unless appealed in
writing,consistent with adopted appeal procedures.
DA l'ED THIS /2f DAY OF March, 1994.
e41
. P DERS SIN
: NIOR PLANNER
for S IEVE DAVENPORT, PLANNER I
Under State Law and County Code, you have the right to appeal this decision to the
Spokane County Board of Adjustment. Upon receipt of an appeal, a public hearing will
be scheduled. If you desire to file such an appeal, you must submit a letter along with
the appropriate fee,payable to the Spokane County Planning Department, within twenty
(20) calendar days from the date this decision is signed.
If you have any questions please call the Planning Department at 456-2205.
pc: County Engineer
County Utilities
County Health District
County Building and Safety, attn. Bill Benish
Spokane County Fire District# 1
Vera Water and Power
Prosecuting Attorney's Office, attn. Frank Christoff
Mr. Barry Bucher, 14323 E. 12th Avenue,Veradale,WA 99037