1986, 10-02 Permit: CUE-18-86 Zoning 4 0.?1,7d
ZONING ADJUSTOR (,`f‘IS,�"' '
SPOKANE COUNTY, WASHINGTON /p0
IN THE MATTER OF A PERMIT FOR A TEMPORARY )
CONTRACTOR'S STORAGE YARD. (CUE-18-86) ; ) FINDINGS, CONCLUSIONS
MOCON CORPORATION ) AND DECISION
SUMMARY OF APPLICATION:
The applicant has established a temporary contractor' s yard on two vacant
residential parcels in the Spokane Valley. The applicant wishes to make this
use an authorized use. Authority to consider and grant such a request exists
pursuant to Section(s) 4.05.030 e. of the Spokane County Zoning Ordinance.
LOCATION:
The location is generally south of and adjacent to 24th Avenue, between
Skipworth Road and Bowdish Avenue in the southwest 1/4 of Section 28, Township
25, Range 44. The Assessor' s Parcel #'s are 28543-2504 and 2505.
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 August 11 , 1986, rendered a verbal decision on
August 11, 1986, and a written decision on ,2 , 1986.
FINDINGS OF FACT
1 . The proposal is located generally south of and adjacent to 24th
Avenue between Skipworth and Bowdish Avenues in the Spokane Valley, in the
southwest 1/4 of Section 28, Township 25, Range 44 and is further described as
Assessors Parcel #'s 28543-2504 and 2505, being more completely described in
Zoning Adjustor file CUE-18-86.
2. The proposal consists of allowing the use, for a period not to exceed
six (6) months, two lots located in a residential subdivision on 24th Avenue
for a contractor's storage yard. The contractor, a primary contractor for the
Valley Sewer Interceptor, has stated their involved in the construction of one
of the segments of the Spokane Valley Sewer interceptor project in the
vicinity of 25th Avenue. They have a choice of locating all of their
equipment on the streets at the construction site and moving and fencing
around the equipment as they move through the neighborhood installing sewers.
The sewers in this location are deep enough that the entire street needs to be
excavated to the limits of, and sometimes exceeding, the curbs. They have
found it desirable from the standpoint of efficiency as well as general safety
and containment of an attractive nuisance to locate some of their equipment in
an area which is permanently fenced, thus not allowing equipment to sit out in
the street right-of-way. The contractor is a Oregon based contractor who has
not succeeded in winning any more contract bids on the Valley sewer. Their
projected date of completion is October 18, 1986.
3. In utilizing the space , the contractor has erected no permanent
structures , nor is it using the only permanent structure (a 3-car, block]
garage) which exists on the site. The contractor does not foresee any
possibility of receiving additional contracts for sewering. The construction
work in which the contractor is engaged is located several blocks to the
southwest and will be in the future several blocks to the east and slightly
south of this location.
err
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FINDINGS, CONCLUSIONS AND DECISION FILE CUE-18-86 PAGE 2
4. The existing land uses in the area of the proposal are single family
housing. These uses are in conflict with the temporary storage yard use.
Public testimony was presented by persons who objected to the use of 24th
Avenue by the equipment as it departed from and arrived back at the storage
yard. Additionally objections were stated to the early morning hours of the
construction activity. However, upon more detailed questioning by the Zoning
Adjustor it turned out that these parties objections were for the most part
directed at the continual circuitious route followed by_the construction
trucks as they were filled at the east end of construction work on 25th and
circled to the north on 24th Avenue and dump their load of sand and gravel on
top of the newly laid sewer at the western end of the open construction
project. The particular parties who were complaining recognize that within
about a week and a half to two weeks the construction will have passed far
enough to the east so that they should not be bothered anymore. However,
their objections still stand.
5. The contractor has erected a six-foot street-side fence, thus
completing fencing of the entire two lots, including a gate. However, several
pieces of stationary equipment have been stored outside the fence on the edge
of the curb. Upon questioning about this, the Mocon representative stated
that they did this only as a means to allow the placement of one more piece of
rolling stock inside the storage yard.
6. Other than the departure of the rolling stock in the morning and its
return in late afternoon, the storage yard is not the source of much other
activity or noise for the most part.
7. Inspection of the site revealed that there appears to be minor
seepage or spilling of diesel fuel from the 10,000 gallon above ground diesel
tank. This tank is used to fill vehicles in the morning and a mobile tank
which is used at the actual construction site. A spill was observed at the
time of inspection, however. this turned out to be water from the sprinkler
truck.
8. As a result of the observed spillage, advice was sought from the
Spokane County Health District which in turn referred the matter to the
Washington State Department of Ecology. The Department of Ecology, by letter
of August 1 , 1986, made the following recommendations:
a) soil contaminated by leaks or spills must be cleaned up and the
contaminated soil transported to an approved solid waste
disposal site.
b) the Department of Ecology shall be notified of any oil spills
exceeding 55 gallons or posing a threat to surface or ground
water.
c) if possible, areas around the storage tank subject to spills or
leaks should have some kind of secondary containment for
limiting environmental damage resulting from spills.
9. The previous use of two lots was vacant land with the existing
concrete block garage.
10. The proper legal requirements for advertising of the hearing before
the Zoning Adjustor of Spokane County have been met.
11 . The present Spokane County fee structure for this permit involves
payment based on the cost of county personnel time invested in processing the
permit. A log of such time and expenditures is contained in the file. The
Spokane County policy is that the fee shall be paid prior to the signing of
the decision. The expenditures associated with the processing of this permit
amount to $86.26.
12. The scheduled public hearing for this item was inadverently scheduled
at the same time, place, date and hearing room as the regular meeting of the
Spokane County Boundary Review Board. Consequenetly the meeting location was
fid`
FINDINGS, CONCLUSIONS AND DECISION FILE CUE-18-86 PAGE 3
changed to the Board of County Commissioners Assembly Room and appropriate
signs were posted at the advertized hearing room space and in other locations
in order to direct persons interested in this case to the relocated hearing.
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. The proposal is not detrimental to and is compatible with the public
health, safety and welfare. The security provided by the fenced location of
this concentration of the construction company' s rolling stock is preferrable
to leaving the same equipment in a relatively insecured location in the public
right-of-way at the construction site. The benefit to the general welfare/
public interest exceeds to short term inconvenience to the immediate residents.
2. 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.
3. The use is of .a temporary nature, most probably being removed by the
3rd or 4th week of October.
4. There has been no substantial structure erected on the site. The
equipment trailer, other equipment and the 10,000 gallon diesel fuel tank will
be removed. The site will be returned to its original state. The front fence
and gate will remain.
5. The objective of establishing the temporary use can definitely be
achieved in less than a six month period of time.
6. It is appropriate to bring the street side equipment into the fenced
area, even if the result is to place one more piece of rolling stock at the
construction site.
7. It is also appropriate that the applicant see to the removal and
proper disposal of any contaminated soils and the placement of clean soils in
their place.
8. It is also appropriate that containment of any leaks or drips be
safeguarded against to the maximum extent possible, given the temporary nature
of the usage.
9. Given the short term duration and the pre-existing conditions
associated with this permit it is appropriate for the applicant to comply with
any corrective action within 10 days from the signing of this order and to
have complied with soil restoration within 20 days of the expiration date of
this permit, including an inspection and verification by the Zoning Adjustor
or his assignee.
10. The fee of $86.26 must be paid before signing this permit.
11 . Any finding herein before 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 . The following CONDITIONS OF APPROVAL ARE STIPULATED.
FINDINGS, CONCLUSIONS AND DECISION FILE CUE-18-86 PAGE 4
CONDITIONS OF APPROVAL
I. GENERAL
1 . The following conditions shall apply to the applicant, the Mocon
Corporation of Portland, Oregon.
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.
II. PLANNING DEPARTMENT
1 . As indicated by the log of administrative time contained in the Planning
Department file, the amount of this fee is $86.26. The fee is due and
payable to the Planning Department, in a check made out to the Spokane �v
County Treasurer prior to signing of this decision. If the fee is not ldr Dl t
paid in a timely manner, the applicant shall be in violation of the Je``ti�i�Q,
Spokane County Zoning Ordinance and subject to immediate enforcement y�
action and closure of the storage yard as an unauthorized use in the R-1 'dG �')
zone.
2. No equipment, either rolling stock or stationary machinery or apparatus,
shall be located on the property outside of the fenced area.
3. The gate shall remain closed during all periods of time in which there are
not personnel within the fenced storage area.
4. The Washington State Department of Ecology in Spokane shall be notified of
any oil or fuel spills exceeding 55 gallons in one occurance or otherwise
posing a threat to surface or ground waters.
5. The applicant, the Mocon Corporation, shall be responsible for removing
contaminating soil and hauling it to a landfill site for the spreading of
the soil on the surface of the ground in order to allow the spilled fuels
to volatize prior to being buried in the landfill .
6. Since the applicant contractor is an out-of-state company, enforcement
actions would be difficult in the event the contractor proves to be non- �(
cooperative in replacing soil . It will be necessary to establish a bondCCI
in the amount of $1000.00 to ensure that Condition #5 will be �I� �(�,
accomplished. Alternatively, the contractor may simply deposit $1000.0, 4IT'
with the County through the Planning Department, which will be refunded
upon satisfactory accomplishment of Condition #5. A final alternative F—IA
would be to make suitable arrangement with County legal counsel for
adequate assurances to remove and dispose of up to 5 cubic yards of
contaminated soils and replace with a non-contaminated similar material .
These arrangements shall also be made within 10 days of the signing of
this order.
III. DEPARTMENT OF BUILDING & SAFETY
1 . None is applicable.
IV. UTILITIES DEPARTMENT
1 . None is applicable.
V. HEALTH DISTRICT
1 . None is applicable.
FINDINGS, CONCLUSIONS AND DECISION FILE CUE-18-86 PAGE 5
VI . ENGINEER'S OFFICE
1 . None is applicable.
Debet
DATED THIS g/4:-.? DAY OF-August, 1986.
irtli162I4OP
Thomas G. Mo - , AICP
Zoning Adjusto , Spokane County
Washington
FILED:
1 ) Applicant
2) Parties of Record
3) Spokane County Engineers Office
4) Spokane County Health District
5) Spokane County Utilities Dept.
6) Spokane County Dept. of Building & Safety
7) WA State Dept. of Ecology, Spokane Office, Attn: Claude Sappington
NOTE: ANY PARTY AGGRIEVED BY THIS DECISION MUST FILE AN APPEAL WITHIN TEN
(10) CALENDAR DAYS OF THIS DATE.
0095z/8-86