1991, 01-30 Admin Exception: AEE-4-91 Findings of Fact E., 5oO(c) ` - cl�� •
BEFORE SPOKANE COUNTY PLANNING DEPARTMENT
IN THE MATTER OF STREET FRONTAGE ) FINDINGS OF FACT,
ADMINISTRATIVE EXCEPTION ) CONCLUSIONS AND
AEE-4-91 ) DECISION
RAYMOND BIGGERS )
THIS MA ITER,an application for street frontage Administrative Exception,has been
received and decided upon,pursuant to the Zpning Code of Spokane County, Sections
14.506.020 7. and 14.506.040, on the .1Oiday of January, 1991.
FINDINGS OF FACT AND CONCLUSIONS
1. The individual signing below has been delegated the responsibility for
rendering this decision by the Spokane County Director of Planning.
2. The proposal is for the development of a single family dwelling on a lot of
30,360 square feet with 25 feet of frontage,all as detailed in the Department file.
3. The proposal is generally located in the west of Spokane Valley at the end
of 13th Avenue (a stub road) west of Progress Road, in Section 23,Township 25N,
Range 44 EWM.
4. The current zoning of the property is Urban Residential 3.5; which zone has
a minimum lot size of 10,000 square feet.
5. The Spokane County Comprehensive Plan designates this area as Urban.
This proposal is generally consistent with this category and complies with RCW
36.70.450.
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6. The project is exempt from the State Environmental Policy Act,pursuant to
WAC 197-11-800(6)(b).
DECISION
BASED UPON THE ABOVE Findings of Fact and Conclusions,Administrative
Exception application is hereby APPROVED. This decision is final unless appealed in
writing,consistent with appeal procedures.
CONDITIONS OF APPROVAL
I. GENERAL
1. The following conditions shall apply to the applicant,owner and successors
in interest and shall run with the land.
AE Decision AEE-4-91 Page 2
2. Failure to comply with any of the conditions of approval contained in this
decision,except as may be relieved by the Planning Department, shall constitute a
violation of the Zoning Code of Spokane County and be subject to such enforcement as
are appropriate.
3. The Planning Department may administratively make minor adjustments to
site plans or the conditions of approval as may be judged to be within the context of this
approval.
II. PLANNING DEPARTMENT
1. This parcel shall not be further subdivided unless consistent with RCW
58.17,the various county subdivision regulations and the Spokane County Comprehensive
Plan for the area.
III. DEPARTMENT OF BUILDINGS
1. None needed
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 District.
2. 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. The dwelling unit shall be plumbed directly to sewer(Vera Crest ULID)or be
double plumbed if occupied prior to sewer availability.
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AE Decision AEE-4-91 Page 3
V. HEALTH DISTRICT
The approval of this administrative exception for lack of minimum frontage on a
public street does not constitute that a buildable lot exists for development of a residence.
A residential structure is subject to application and approval of permits for building(s) and
on-site sewage disposal system(s). Parcel size may be a critical factor.
VI. SPOKANE COUNTY ENGINEER'S OFFICE
1. The County Engineering Department has determined that the private roadway
easement serving the parcel(s) should not be designated as a Tract "X"Future Public
Right-of-Way Tract. Prior to the release of a building permit,the applicant must sign and
record "Spokane County Notice To The Public No. 4." This document specifies the
following:
a) The private road within the public right-of-way shall be constructed in
accordance with Spokane County standards for private roads.
b) The applicant agrees to join in and not oppose the creation of a Road
Improvement District (RID)or County Road Project created for the
purpose of improving the private roadway to a public road standard.
c) Serves notice to future property owners that Spokane County is not
responsible for private roadway construction,maintenance, snow removal
or any other services on the private road.
2. The private road shall be named and signed in accordance with provisions of
Spokane County Road Standards.
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 20 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.
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AE DecisionU''//^^ AEE-4-91 Page 4
)
DATED THIS U DAY OF JANUARY, 1991.
.r1
Aj
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yi
Thomas G. Mos er,AICP
Senior Planner
FILED:
1) Applicant(Certified/Return Receipt Mail)
2) Spokane County Engineer's Office
3) Spokane County Utilities Department
4) Spokane County Department of Buildings
5) Planning Department Cross-reference File and/or Electronic File
NOTE: THE APPLICANT OR AN INTERESTED PARTY MAY FILE AN APPEAL
WITHIN 20 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 (Section
14.412.041 of the Zoning Code of Spokane County).
BOARD OF ADJUSTMENT
SPOKANE COUNTY, WASHINGTON
IN THE MATTER OF AN APPEAL OF AN )
INTERPRETATION OF THE PLANNING DIRECTOR ) FINDINGS,
CONCERNING SECTION 14.808.060. OF THE ) CONCLUSIONS
ZONING CODE OF SPOKANE COUNTY ) AND DECISION
COMPANION FILES: AEE-4-91 AND CV-69-91 )
This matter being an appeal of an interpretation of Section 14.808.060. of the Zoning Code of
Spokane County, and the Board of Adjustment, hereinafter referred to as the "Board", having
held a public hearing on June 19, 1991 and having fully considered the Planning Director's
interpretation, all testimony and exhibits and the file in this matter, does hereby make the
following:
FINDINGS OF FACT
1. On January 30, 1991, the Spokane County Zoning Adjustor granted an
administrative exception to Raymond Biggars for street frontage on Parcel No. 45234.1211
(15006 East 13th Avenue).
2. On March 7, 1991, a building pennit application for a double-wide mobile home on
Parcel No. 45234.1211 was filed.
3. On March 26, 1991, the building permit for the double-wide mobile home Parcel
No. 45234.1211 was issued.
4. On April 10, 1991, the Planning Department placed a stop work order on Parcel
No. 45234.1211, to review whether the manufactured home complied with Section
14.808.060. of the Zoning Code of Spokane County.
5. The Planning Director issued a written interpretation of Section 14.808.060. of the
Zoning Code of Spokane County on April 16, 1991, that provided,in part:
" Class A manufactured homes in the UR-3.5 and UR-7 zones shall be new as noted by
date of manufacture or shall meet all the appearance standards of being new as determined
by the Planning Director or designee."
6. The interpretation was issued pursuant to Section 14.504 of the Zoning Code.
7. The interpretation is attached hereto as Attachment "A".
8. On May 3, 1991, the interpretation was appealed.
9. Notice of the appeal hearing was given pursuant to Section 14.412.041. of the
Zoning Code.
10. Section 14.808.060.3. provides that the pitch of the main roof shall not be less than
one foot (1') of rise for each four feet (4') of horizontal run. The roof pitch of the
manufactured home on Parcel No. 45234.1211. is one and two-thirds inches (1 2/3"):12
inches.
SPOKANE COUNTY BOARD OF ADJUSTMENT PAGE 2
11. The Board has been advised by the Prosecuting Attorney's Office that an
interpretation by the Planning Director, who is charged with interpreting and enforcing the
Zoning Code is entitled to considerable weight.
12. That Class "A" mobile homes by industry standards can have a variety of roof
pitches including the roof pitches specified in Section 14.808.060.3. as well as the roof pitch
on the manufactured home on Parcel No. 45234.1211.
Any Finding hereinabove stated which may be deemed a Conclusion is hereby adopted as
the same.
From these Findings,the Board comes to the following:
CONCLUSIONS
1. The interpretation by the Planning Director is applicable to all manufactured homes
in the zones specified by Section 14.808.060. of the Zoning Ordinance, and is not limited to
the manufactured home on parcel No. 45234.1211.
2. The Board concurs with the interpretation and supporting analysis of the Planning
Director dated April 16, 1991, and attached hereto as Attachment "A".
3. The Planning Director has the responsibility to enforce the provisions of the Zoning
Code pursuant to Section 14.406.020 of the Zoning Code. Any enforcement action regarding
the roof pitch of the manufactured home on Parcel No. 45234.1211 is therefore outside the
jurisdiction of the Board.
Any Conclusion hereinabove stated which may be deemed a Finding is hereby adopted as
the same.
From the foregoing Findings and Conclusions, the Board renders the following:
DECISION
The B... -'•e appeal of the interpretation of Section 14.808.060. of the
Zoning Code of Spo '.i`= ounty, and adopts the interpretation of the Planning Director dated
April 16, 1991.
The Board,in making this Decision, notes that the manufactured home on Parcel No.
45345.1211 does not comply with the roof pitch specified by Section 14.808.060.3. of the
Zoning Code. Resolution of that issue is not before the Board, by rather is an enforcement
issue, and an appropriate matter for the Planning Department to consider and resolve.
DATED this 17th day of July, 1991.
RP-B of A-Mobile Home Decision-7/17/91
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SPOKANE COUNTY BOARD OF ADJUSTMENT PAGE 3
BOARD OF ADJUSTMENT OF SPOKANE
COUNTY,WASHINGTON
Dwight Hume, Chairman
E. B. ""'d' Hamblin
444A-Affir:‘,.i
Marti Ai.bs
12e0
Robert-7'4 lls
.yne D. Powel, PH.D.
Paul E. Eichin
Scott Smith 1111
The vote was 5 to 1 with the chairman abstaining.
FILED:
1) Applicant(Certified Mail)
2) Parties of Record
3) Spokane County Engineering Department
4) Spokane County Health District
5) Spokane County Utilities Department
6) Spokane County Department of Building& Safety
7) Planning Department Cross-reference File and/or Electronic File
APPEAL SHALL BE TO A COURT OF COMPETENT JURISDICTION FOR A WRIT OF
CERTIOR ARI,A WRIT OF PROHIBITION OR A WRIT OF MANDAMUS. (Section
14.412.042.1. of the Zoning Code of Spokane County )
RP-B of A-Mobile Home Decision-7/17/91
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S P O K A N E : �` C c U N T Y
`� iirr`: i��
DEPARTMENT OF BUILDING AND SAFETY • A DIVISION OF THE PUBLIC WORKS DEPARTMENT
JAMES L. MANSON, DIRECTOR DENNIS M. SCOTT, DIRECTOR
TO: TocN\ Mo S€ , Planning Department
FROM:Tom Davis, Code Compliance Coordinator
DATE: ^o�o�- 9 t , r
RE: File Number: A-EE -
Address: 0 /5000 )
Our comments regarding the above are reflected in the marked box(es) below:
The applicant shall contact the Department of Buildings at the earliest possible stage of design/development in order to be
informed of code requirements administered/enforced by the department; e.g., State Building Code Act regulations such as
requirements for fire hydrant/flow,fire apparatus access roads,street address assignment,barrier-free regulations,energy code
regulations,and general coordination with other aspects of project implementation.
The issuance of a building permit by the Department of Buildings is required.
Requirements of Fire District No. need to be satisfied during the building permit process.
The applicant is advised that the private road shall be named and signed in accordance with the provisions of Spokane County
Road Standards. This condition may be waived in the event that the Department of Buildings determines addressing on the
private road is not acceptable. However, at such time the Department of Buildings feels the need for the road to become a
private, named road,the applicant/owner shall participate and cooperate in this process.
The required fire flow for any building or subdivision is determined by building size, type of construction and proximity of
exposures. Based on information presented to this office regarding this subdivision, the minimum fire flow established by code
of 500 gallons per minute for 30 minutes is being required.
0--We have no requirements for this proposal-existing conditions.
No additional comments.
Specific comments are as follows:
WEST 1303 BROADWAY • SPOKANE,WASHINGTON 99260-0050 • (509)456-3675
FAX (509)456-4703
1.
I i)J. t. )<. �� T La'-
1
i ;1 �1 PLANNING DEPARTMENT
uxr 1,,„. III i���10,, �it�laF, l��jV� 'TI%� BROADWAY CENTRE BUILDING N. 721 JEFFERSON STREET
19�Ejkk'iI+l 1 I` it A'dr�Llt,
,E� �1ti1Qt1 g• �� IrlF ' PHONE 456-2205
4:[
<,... SPOKANE, WASHINGTON 99260
SPOKANE COUNTY COURT HOUSE
MEMORANDUM
TO: Spokane County Engineer
Spokane County Utilities
Spokane County Health District
Spokane County Department of Buildings
Spokane County Fire District# 1
FROM: Thomas G. Mosher,AICP
Senior Planner
DATE: A/L-(1Ci i/ /6j 9q I
SUBJECT: Administrative Exception Application for lack of minimum frontage on a
public street: AEE-491
Attached is a copy of the application and supporting documents submitted by Raymond
Biggers.
P ase review th}s proposal and return your comments and recommendations by
,?1 i, ' 199
1. If you have any questions regarding this file, you may
ontact me at 456-2205.
Thank you for your prompt attention.
n�
ga JcAi
Enclosures (map and application) C
c: Raymond Biggers �, / '����� ��_
/ t
((-) '
MSTR;AE FRONT TRANS.
Rev. 12/90
SPOKANE COUNTY PLANNING DEPARTMENT
APPLICATION FOR LACK OF PUBLIC STREET FRONTAGE
ADMINISTRATIVE EXCEPTION
[Section 14.506.020 7.]
Certificate of Exemption No.: CE Application No.: 4 E� —4 9/
Name of applicant: RAY M n /64-FRS Agent: Y N
Street address: n D• I3�x S"Y
City: WI,t ava et, State: iv A ZIP Code: 9/95-c..1--
PHONE
/95-c2PHONE- Home:(sp Kltj-21/czWork: a 9.2-�LS j Agent's No.: gag- O(Rea/4r-
Name
7r
Name of property owner(s): YO
ub/a,
Street address:
City: State: ZIP Code:
PHONE-Home: Work:
FOR STAFF USE ONLY
Violation/
Section 3 Towns S Range 1/7 Enforcement Y
•Lot and legal checked by: A J •Easement legal checked by:
•CWSSA Water(purveyor' e rQ
•ULID Agreement needed: Y N
•Arterial Road Plan designation: /'t-D9re.SS'
•Maintenance agreement checked by:
Existing zone Ufa 3.1 Comprehensive Plan designation r a K
Fire District / Personnel doing preapp conf.:
Other/previous Planning Department actions involving this property: i(/o-,-P
ABOUT THE PROPERTY
Existing use of property: 1/aean f ac /Rfirm
Describe proposed use of the property: /149_1e �l� ted'foie c rC4IT A'- oftp/1 )
What is the size of the original parcel if this proposal is a recent or proposed division?
t3O, 360
Street address of property (if known): h on e
Legal dOptionpf property(incl de ea ement,if applicable): Veva N /st/I a F
Parcel No(s).: 11l S-239, /2//
Source of legal: 4s se s soy /vit-rO rKs2
Total amount of adjoining land controlled by this owner, sponsor anyl/or agent: /WOy1.,P
What interest do you (applicant) hold in the property? CO n/r a-C r Mcrf l RT-e
Page 1 of 2
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COUNTY ENGINEER SIGN OFF
A preliminary consultation has been held to discuss the proposal. The applicant has been
informed of uirements and standards.
44
, .,% . ate,/e5
(Signature) \
I swear, under penalty of perjury,that: (1)I am the owner of record or authorized agent for the
proposed site; (2)if not the owner,written permission from said owner authorizing my actions on
his/her behalf is attached; and (3) all of the above responses and those on supporting documents
are made truthfully and to the best of my knowledge.
Name:
Signed:
� •
State of Washington )
) ss:
County of Spokane )
On this day personally appeared before me
to me known to be the individuals)described in and who executed the within and foregoing
instrument,and acknowledged that he/she/they signed the same as his/her/their free and voluntary
act and deed,for the uses and purposes therein mentioned.
GIVEN under my hand and official seal this day of ;-19 _ .
4 NOTARY PUBLIC in and for the state of Washington,
AEApp.S1. residing at
Rev.1/9 i My appointment expires
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Page 2of2
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