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1991, 08-26 Administrative Exception Findings BEFORE SPOKANE COUNTY PLANNING DEPARTMENT IN THE MATTERA LACK OF STREET ) FINDINGS OF FACT, FRONTAGE ADMINIS RATIVE EXCEPTION ) CONCLUSIONS AND AEE-92-91 ) DECISION MICHAEL D. FREEMAN ) COMPANION"FILE(S): CE-355-91 ) K PARCEL NO: 45213.9148 ) THIS MA171'ER, an application for street frontage Administrative Exception, has been received and decided upon,pursuant to the Zoning Code of Spokane County, Sections 14.506.020 7. and 14.506.040, on the day of August, 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 Spokane County Planning Department has received an application for access to a 23,600 sq. ft. lot for residential use, created by a minor lot line adjustment to two existing lots. The subject parcel has 0 feet of frontage on a public road; whereas, section 14.616.315 of the Zoning Code for Spokane County requires 80 feet of frontage. The parcel would be served by a private driveway located on 25 foot driveway on an easement from Bowdish Rd. across intervening property. This easement is already, or will be soon, established between private parties. The County is NOT establishing the easement. 3. This property is generally located in the Spokane Valley, about 200 feet west of Bowdish Rd. and just north of the 14th Avenue alignment,in the SW 1/4 of Section 21, Township 25 N, Range 44 EWM. 4. The current zoning of the property is Urban Residential 3.5 (UR-3.5); which zone has a minimum lot size of 10,000 sq. ft. 5. In compliance with RCW 36.70.450,the Planning Department has determined that this proposal is generally consistent, as conditioned, with the Urban category. 6. The applicant has demonstrated that a suitable easement can be recorded in the Auditor's Office,which easement will provide adequate location for a driveway. 7. A 25 foot (1/2 right of way)is to be dedicated to the County as a future street connection between 14th Ave to the west and Bowdish Rd. to the east. 8. Bowdish Rd. is a County Minor Arterial and should be 80 feet in width at the parcel B frontage. A future acquisition area of 15 feet should be reserved on the west side of Bowdish Rd. CASE NO. AEE-92-91 SPOKANE COUNTY ADMINISTRATIVE EXCEPTION PAGE 2 9. 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,as shown on the approved site plan and other file documents for access off Bowdish Rd. via a 25 foot easement or on this same 25 foot strip dedicated to Spokane County as future roadway right of way. 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. 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 is 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 county subdivision regulations; the Zoning Code and the Comprehensive Plan. 2. Prior to the issuance of any building permits, the applicant shall file with the Planning Department a copy of the segregation application necessary to recognize the subject property as an individual tax parcel,except that this condition shall not apply if the parcel is presently established with a parcel number. 3. Prior to the release of building permits, the applicant, heirs or assigns shall submit to the Spokane County Planning Department documentation for each parcel, recorded in the Spokane County Auditor's office,indicating all necessary easements exist to provide access to the Spokane County right-of-way. Subject easements shall be site specific and not of a general nature indicating only passage across various parcels of land. Actual dedication of right of way may be substituted. 4. The Spokane County Planning Department shall prepare and record with the County Auditor a Title Notice specifying a future land acquisition area for road right-of- RP/GA-AEE-92-91; Decision-8/22/91 s - CASE NO. AEE-92-91 SPOKANE COUNTY ADMINISTRATIVE EXCEPTION PAGE 3 way and utilities. The reserved future acquisition area Title Notice shall be released, in full or in part,by the Planning Department. The notice should be recorded within the same time frame as an appeal and shall provide the following: a. At least 15 feet of reserved future acquisition area for road right-of-way and utilities,in addition to the existing and/or newly dedicated right-of-way along Bowdish Rd. NOTE: The County Engineer has required 0 feet of new dedication. b. Future building and other setbacks required by the Spokane County Zoning Code shall be measured from the reserved future acquisition area. c. No required landscaping, parking, '208' areas, drainfield or allowed signs should be located within the future acquisition area for road right-of-way and utilities. If any of the above improvements are made within this area, they shall be relocated at the applicant's expense when roadway improvements are made. d. The future acquisition area,until acquired, shall be private property and may be used as allowed in the zone, except that any improvements (such as landscaping,parking, surface drainage, drainfield, signs or others) shall be considered interim uses. III. DIVISION OF BUILDINGS 1. Requirements of Fire District No. 1 need to be satisfied during the building permit process. IV. DIVISION OF UTILITIES None is needed. V. HEALTH DISTRICT 1. 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. DIVISION OF ENGINEERING AND ROADS 1. The County Engineering Department has determined that the private roadway easement serving the parcel(s) should be designated as a Tract "X" Future Public Right-of- Way Tract. In order to accomplish this, the applicant must sign "Spokane County Notice RP/GA-AEE-92-91; Decision-8/22/91 CASE NO. AEE-92-91 SPOKANE COUNTY ADMINISTRATIVE EXCEPTION PAGE 4 To The Public No. 1." This must be done prior to the release of a building permit. This document specifies the following. a) The private road shall be constructed in accordance with Spokane County standards for Future Public Right-of-Way Tract "X." b) Should Spokane County be requested to create a Road Improvement District for the purpose of improving the private road easement to a public road standard,the applicant agrees to deliver to Spokane County the right-of-way necessary for a public road. c) 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. d) 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. This may be waived if addressing on Bowdish Rd. is acceptable. 3. An approach permit shall be obtained from the Division of Engineering and Roads prior to the construction of any new driveway approaches. This shall be done prior to the release of a building permit, change of use permit or certificate of occupancy. 4. Prior to the release of a building permit,change of use permit or certificate of occupancy or issuance of an approach permit, the applicant shall submit road and drainage plans to the County Engineering Department for review and approval. Road and drainage plans shall be prepared in compliance with Spokane County Road and Drainage Standards. This condition may be waived by the County Engineer. 5. The applicant shall contact Fire District No. 1 to assure that fire district access standards and the provisions of the Fire Code are being met. 6. Applicant shall sign and record Spokane County Notice to the Public No. 6 which specifies the following: 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 Road Improvement District (RID) by the petition method pursuant to Chapter 36.88 RCW, which petition includes the owner(s) property, and further not to object, by the signing of a ballot, the formation of a RID by the resolution method pursuant to Chapter 36.88 RCW, which resolution includes the owner(s) property. If an RID is formed by either the petition or resolution method, as provided for in Chapter 36.88 RCW, the owner(s) or successor(s) further agree: (a) that the improvement or construction contemplated within the proposed RID is feasible; RP/GA-AEE-92-91; Decision-8/22/91 CASE NO. AEE-92-91 SPOKANE COUNTY ADMINISTRATIVE EXCEPTION PAGE 5 (b) that the benefits to be derived from the formation of the RID by the property included therein,together with the amount of any County participation, exceeds the cost and expense of formation of the RID; and (c) that the property within the proposed RID is sufficiently developed. Provided further that the owner(s) or successor(s) shall retain the right, as authorized under RCW 36.88.090,to object to any assessment on the property as a result of the improvements called for in conjunction with the formation of the RID by either petition or resolution method under Chapter 36.88 RCW. This requirement applies to 14th Avenue,from which the subject parcel takes access. DATED THIS �� DAY OF AUGUST, 1991. .,..----4' op ikhomas G. Mosher AICP Zoning Adju'tor FILED: 1) Applicant(Certified/Return Receipt Mail) 2) Spokane County Division of Engineering and Roads 3) Spokane County Division of Utilities 4) Spokane County Division of Buildings 5) Spokane County Fire Protection District No. 1 6) 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, 721 NORTH JEFFERSON STREET, SPOKANE,WA 99260 (Section 14.412.041 of the Zoning Code of Spokane County). RP/GA-AEE-92-91; Decision-8/22/91 P' 1 E ,rod i ( ib 1/1PWLIUKAMink:1411 C1-1 TriV. 71171V- PLANNING DEPARTMENT :: i jp,iW,., I*I� �..i� ^ li I^ ' ,A^I�II..a^, BROADWAY CENTRE BUILDING N 721 JEFFERSON STREET 111^n 1�R 11 ...„„ 1� -I �0Ah1'1 E7, PHONE 456-2205 -.- SPOKANE. WASHINGTON 99260 SPOKANE COUNTY COURT NOUSE MEMORANDUM TO: Spokane County Division of Engineering and Roads Spokane County Division of Utilities Spokane County Division of Buildings Spokane County Fire District# 1 •M ( , omas G. Mosher, AICP 1 Senior Planner DATE: ' August 1, 1991 SUBJECT: Administrative Exception Application for lack of minimum frontage on a public street: AEE-92-91 Attached is a copy of the application and supporting documents submitted by Michael D. Freeman,for adjustment of lot lines creating a land locked lot. Please review this proposal and return your comments and recommendations by August 13, 1991. If no response is received by this date, we will render a decision without your recommendation. If you have any questions regarding this file, you may contact me at 456-2205. Thank you for your prompt attention. rp 7' \ i i i Enclosures (map and application) , , c: Michael D.Freeman 1314 S. Bowdish Spokane WA 99206 AEE-92-91/Freeman FRONT TRANS. SPOKANE/ COUNTY PLANNING DEPARTMENT APPLICATION/FOR LACK OF PUBLIC STREET FRONTAGE ADMINISTRATIVE EXCEPTION `` ELSection 14.506.020 7.] C - ass ori Certificate of Exemption No.: Application No.: 4E--E — 92- Name 92 Name of applicant: 011 t'tw k errwon Agent: Y CND Street addres : 'S /3 Li T3g0 c- 1,t City: e State: ZIP Code: qht;9P(® PHONE- H:me: O {{Wo • _ lY' A ent's No.: Name of property owner(s): i`I' t�V� LMN lY1 Street addres '- `i l �- ice p%�c�. h City: d�'Ok State: 1,\Fa ZIP Code: n% PHONE- Hme: CA 0-1Q I Work: A 1 FOR STAFF USE ONLY � / Violation/ Section c Townshi o2 Range 7'L`/ Enforcement: Y •Lot and legal checked by: �_ •Easemeht legal checked by: \ •CWSSA Water (purveyor): ___OLD 67/1 •ULID Agreement needed: agw •Arterial Road Plan designati• ` c i 'r • Maintenance agreement checked-hT-1,�!- a AA / Existing zone \J & .-3- Comprehens ve Plan •esignation U l2 fvs Fire District 0 iV Personnel doing preapp conf.: . /3 t'k_t1 Other/previous Planning Department actions involving this property: 9 v c3PJ E ABOUT THE PROPERTY , Existing use of property: \N 1 r\lio+C Describe proposed use of the property:r '-- What is the size of th,e oriinal arcel if this proposal is a recent or proposed division? AOtbc-r- t,) • (4s5 )o Fr Street address of property (if known): s 13/14 t GAA(sV) Legal descn tion of property (include ea em nt, if applicable): t- .., 'Y4 tk fl E 1/4/ ` vei e city I C a -}6 _ n , 1 v •t t 1 fit== "4 b '�G _I]�1� :rte, � ��"'—,'v1 Ll r--e C . �'�h /� Parcel No(s).: N ' .,�.�.. —_ Z 3 7/(/, Source of legal: f y& Acc cco2'S EMIL(); Total amount of adjoining land controlled by this owner sponsor and/or agent: What interest do you (applicant) hold in the property? VON/— Page URN/—Page 1 of 2 Li-- 4 f36-1v .z 1 id --- COUNTY ENGINEER SIGN OFF A preliminary consultation has been held to discuss the proposal. The applicant has been informed of requirements and standards. ,\ 0 A,,i�..• ' ..g2 ?�Z (Signature) (Date) 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: M 1 ck 0 �t`-e-erN(N Signed: i�= ��-- �% • Y State of Washington ) ) ss: County of Spokane ) i On this daypersonally appeared before mec-w---eins P 5 PP to me known to be the individual(s) described in a d 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, '-I day of 6 , 194/ . i*.%-.,-,;' 'Wi+s4,.j' to kr c P ••k,° �c:r• t7 •T•!.1•Y r y IC�n . for the state of Washington, e :. z: �, ' esi••,..at glad./ A / �_ • • •,. h: J My appo. tment expires 4.L. — ei do ti 'PFS.pPixa;�'Vi / EDct19t Shen'gon.Ae. Indian E 21 „. ...-„ Mansfield Montgomery 0, Baldwin Ave. NO,, Ave. Mission Ave. Maxwell Ave. NMI Mission Ave Slnto Ave. 600 A Boone Ave Spokane Desmet Deani C Ave 2 Mallon Ave. Desmel Ave. Cataldo Ave. 0 cc 60,5 55.. Ave. Ave. 55 prInglIel ° Valle 011ve Av cc ' Nixon • mei Ave. Ave Riverside Ave. Sprague/nee. 3rd Ave. 455*0.. Av . RAve.lvers' .Av RIvers1 v . 1st Avir 3rd Av Opportunity t A 61 Ave. 6t Ave. 6th Ave. WWI A • 0 OPM111111 =int mum= NE Valle Alkl Ave. Alkl Ave. 44 0110. Ave. ci Valle W. Broadway Ave. Alkl Ave. verside Ave 11 11th Ave. 2nd Ave. .1 3rd Ave. 455Ave. th Ave. 51 Mal Ave. Vera Main Ave. 2: 5.5 Aly.rsId4An.. A Sth Cl 5th Ave...24—... 511,0,.. 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