2011, 04-05 Boswell Lawn Firm Documents ELL '0NN l LLQ 'ldy quill panlapa�
BOSWELL LAW Firtivl,
A WASHINOTON PROFESSIONAL SERVICE CORPORATION
David P.lloswdi ATTORNEYS&COUNSELORS Al'LAW Barbara Russell
:Wormy ar Law AIlc,r-ney.of Luw
dboswell(aVernw€/l,,i THE FERN WELL B'U1LL)ING bruussC/11977@grno,lcont
505 WEST RIVERSIDE, SUITE 500
Kiirnheui ci Itaddltz SPOIL N1+,, WA 99201
r e8ar A.c.cteranr
hoslaw{�cmwcl/ner (509) 252-5088 • FAX (509) 252.508.1.
YACSIMILIE'�RANSMISST,,Q
TO: Mr. Tavis Schmidt DATE: April 5, 2011
FAX#: 688-0037
FROM: Barbara Russell
RE: Conne/FFalk Partition 8:PAGES
f/nclodi,L•cover.sheet?
MESSAGE:
Tavis
Please review the enclosed docwnents and I will contact you tomorrow morning so that we can
discuss it. Thanks,
Barbara Russell
Thank you.
THE INFORMATION CONTAINED IN THIS FACSIMILE TRANSMISSION 15 ATTORNEY
PRIVILEGED AND CONF.IDFNTIAI- INIOItMA'IION INTENDED ONLY FOR THE USE OI' THE
INDIVIDUAL NAMED ABOVE. IF THE READER OF THIS MESSAGE 15 NOT THE INTENDED
RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE TO DELIVER 11"10 '111E INTENDED
RECIPIENT, YOU ARE HEREBY NO'T'IFIED THAT ANY DISSEMINATION, DISTRIBUTION OR
COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED
THIS COMMUNICATION 1N ERROR, PLEASE 1MMLDIAT.ELY NOTIFY US BY TELEPHONE, AND
RETURN THE ORIGINAL MESSAGE TO US AT THE ABOVE ADDRESS VIA THE. UNITED STATES
POSTAL SERVICE. TH A N K YOU.
C:\Docurncnts and Settings\Owner\My L ocuments\FAX_COVER SHEET.doc
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MAR. 29. 2011 8:51AM CITY SPOKANE VALLEY' GILL '°N AdLL : 1 lLOZ9 c"''ady awii paniapad
i
RECEIVED
1
2 .�''''I 05 2CH
2
3
DOswe09 Law nrm
4
5
6 SUPERIOR COURT, STATE OF WASHINGTON, COUNTY OF SPOKANE
7
s TAMMY CONNE, a single person,
No. 10-202877-8
9 Plaintiff,
10 DECLARATION.OF
11 vs. KAREN KENDALL
SHERRY FALK, a single person,
13
14 Defendant.
15 I, KAREN KENDALL, hereby declare as follows'
16 1. 1 am employed by the City of Spokane Valley as an Assistant
17 Planner in the Planning Department, and have been so employed for the
1$ past 7%years.
19 2. It,is_ my.. understanding that one of the owners of the duplex
20 located at 12918 and 12920 E. 31't Avenue, Spokane Valley, Washington,
2
1 covering a residential duplex located on the following described real
22
23 property:
East 64 feet of Lot 3, and the West 26 feet of Lot 4,
24 In Block 17 of HILL VIEW ESTATES, as per plat
25 thereof recorded in Volume 9 of Plats, page 79;
26 situate in the County of Spokane, State of
Washington,
27 Parcel No. 45273.1818
28
Is seeking to short-plat the duplex Into two separate living units, and dividing
29
30 the property so that there are two separate legal lots. During my
/Declaration of Karen Kendall:-1 belay,Cwt.();Thompson,Pe:Uralo&Wallter,P4
#09-133AITORNEYS1TL4W
601 Mat Shits 1212
Spokane,Washtngmn 99201.0684
($09)455-9500
8/Z'd L20088960S:°1 T80S ZSZ CLOS WdId MU1 119MS08:w0*d 21 :21 TTO2-SO-eldd
1 MAR. 29. 2011 8 51AM CITY SPOKANE VALLEY OILI '°N Wdll l l101O S"'ady fawn P;^ ! ;04
employment, I have previously processed short plat applications in Spokane
2 Valley, Washington, and I am familiar with the procedure. The procedure
3 requires filing an application with the City of Spokane Valley, and employing
4 a surveyor, and filing a preliminary plat, and conducting adjacent property
S notification, and review and decision by agencies and City of Spokane
6 Valley staff, and filing of a final plat, and recording with the-Spokane County
Auditor's Office. Time required to complete the process is dependent upon
8 the required procedures established within City of Spokane Valleys
9
10
Municipal Code. The subject property Is eligible to be short platted,
11
--provided that all agencies generally approve the short plat and It is
12 ' approved by the City of Spokane Valley. A condition of the short plat would
13 be that in event structure destroyed, Could only be replaced by duplex.
14 3. The estimated cost of charges to process the request by the
15 City of Spokane Valley is $2,358.00. Of that sum, $250.00 is due and
16 payable upon filing a pre-application meeting, and $1114.00 Is due upon
17 filing preliminary short plat application, and $994.00 is due upon filing final
18 short plat application to short plat the property.
19 4. I declare the above under the penalty of perjury pursuant to the
�0 laws of the State of Washington that the foregoing is true and correct to the
21 best of my knowledge and recollection.
22 Dated this 29th day of March, 2011.
23
24
f J/r � me,/ l
25 n Kend•=II
26 Planning Department
City of Spokane Valley
27
28
29
30
Dcc1 ration of KaicaKend411;-2 War,CWrml,Tharnigon,Porgarv10&Wallar,P.S.
#09-133 AITORNEYSATLAW
601 Trot Mak Sulk 1212
bpazm,e.Washtngtan 99101-0684
(509)45S,9S00
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1
2
3
4
5
G
7 SUPERIOR COURT, STATE OF WASHINGTON, COUNTY OF SPOKANE
s
9 TAMMY CONNE, a single person,
10 No. 10-202877-8
Plaintiff,
11 DECLARATION OF CHARLES
12 vs_ SIMPSON OF SIMPSON
ENGINEERS, INC.
13 SHERRY FALK, a single person,
14
15 Defendant.
16
17 I, CHARLES SIMPSON, of Simpson Engineers, Inc., hereby declare
K as follows:
19
1. I am a licensed engineer and surveyor under the laws of the
20
State of Washington, and I maintain my place of business and office as
2.1
"Simpson Engineers, Inc." 909 N. Argonne Road, Spokane Valley,
22
23 Washington, 99212, phone 926-1322. Simpson Engineers, Inc. has been in
24 business for 65 years.
25 2. Charles Simpson has previously short platted real property in
26 Spokane Valley, Washington. I am familiar with the procedures required by
27 the City of Spokane Valley for short platting and dividing a duplex into two
28 separate taxable living units. An application has to be filed with the City of
z> Spokane Valley, a survey of the property, along with the dividing wall, must
30 Declaration of Charles Simpson of Do/(0), Curran, Thompson,Poninroto c' Wolker PS
47TORNEYSAT LAW
Simpson Engineers,Inc . 1 601 West Main.Suite/2/2
#09-133 Spokane. Washington 99201-0684
009)433-9500
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OILI '°N Wdll l l101 S '! dy awi1 pania°ad
1 be made for the division of the duplex with a party wall, and a preliminary
2 plat must be made and filed with the City of Spokane Valley Community
3 Development Department.
4 3. Simpson Engineering's fees for processing and completing this
5 short plat will be $3,500.00. The $3,500.00 is due one-half when the short
6
plat is approved by the City of Spokane Valley, and the remaining balance is
7 due and payable upon completion and filing of the short plat.
8
4. The subject property is eligible to be short platted under the
9
Spokane Valley Zoning Ordinances and Regulations. The time required to
10
It
complete the process will be dependent upon the City of Spokane Valley
12 processing it through its various agencies. Simpson Engineering, Inc. is
13 familiar with the process as it has done similar short plats of similar
14. properties in the past in the City of Spokane Valley.
15 5. I declare the above under the penalty of perjury pursuant to the
16 laws of the State of Washington that the foregoing is true and correct.
17 Dated this 28th day of March, 2011.
18
19
20 CZ44.,
Charles Simpson
71 Simpson Engineers, Inc.
22 909 N. Argonne Road
Spokane Valley, WA 99212
23
24
25
26
27
28
29
30
Declaration of Charles Simpson of Delay,Curran. Thompson.Ponrarolo& Walker,PS
Simpson Engineers,Ina.. 2 ATTORNEYS ATLAW
601 Was(Mnin•Suite 1212
'409 133 Spokane Waslringlon 99201-0684
(509)455.9500
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4 BeSwlall Lav Firm Rs.
s
6
7 SUPERIOR COURT, STATE OF WASHINGTON, COUNTY OF SPOKANE
8
9 TAMMY CONNE, a single person,
to No. 10-202877-8
Plaintiff,
11 DECLARATION OF
12 VS. DEWITT M. "SKIP" SHERWOOD
13 SHERRY FALK, a single person,
14
15 Defendant.
]6
I, Dewitt M. "Skip" Sherwood, declare as follows:
17
18
1 . I am a licensed real estate appraiser licensed under the laws of
19
20 the State of Washington, and also a real estate broker, duly licensed under
21 the State of Washington. My principal occupation is that of a real estate
22 appraiser. I am qualified as an expert witness and have qualified in
73 Superior Court in Spokane and in various courts in the State of Washington,
24 and in Idaho, having appraised real estate since 1987. My Curricula Vitae is
25 attached to this Declaration and consists of two pages, which sets out my
26 education, business history, appraisal assignments, and partial list of
27 appraisal clients. The document is labeled Exhibit "A". I also attach a copy
28 of Spokane County Assessor's Data Sheet and aerial plat map covering the
29 subject property labeled Exhibit "B".
30
Declaration of Dcwilt M."Skip"Shcnvood'- I Dclai,Cwran.Thompson,Ponlarolo&Walker.P.S.
09-133 ATTORNEYS AT LAW
601 Wear Main,Suitt 1212
Spokane. Washington 09701.061N
(509)453-9300
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2_ I was employed as an expert witness to testify for the
\t MI16C4 $k\sn fa«t,(\ t atioste-entitted GatS3e and thles dectaratton (Ci
in bee all of O tends t\Slvsny 7-tk. \was omp\oyea bko e ess'ate
\made
op thMTI M.V0oa\T Tra va`\ve Cfi tide"itoNW ill tieTA\-\ %\c't deg ems,\Ofia�?J�
5 at 12918 and 12920 E. 31' Avenue, Spokane Valley, County of Spokane,
6 State of Washington, covering a residential duplex situated on the following
described real property.
9 East 64 feet of Lot 3, and the West 26 feet of Lot 4,
10 in Block 17 of HILL VIEW ESTATES, as per plat
ll
thereof recorded in Volume 9 of Plats, page 79;
situate in the County of Spokane, State of
12 Washington.
13
14 Parcel No. 45273.1818
15 ASSessed value: $204,100.00
16
17 3. In my opinion the fair market value of the duplex covering both
18 units as of March 20, 2011, is in the sum of$210,000.00. The duplex is well
19 maintained, In above average condition, and indicates pride of ownership.
20 4. It is my opinion based upon comparable sales in the area, that
21
the duplex has more value as two separate living units divided into two
separate tax parcels that each unit would be worth ten percent (10%) more
23
24 than the fair market value herein stated.
25
26 5. The real estate market in the Inland Empire area (Spokane
27 County, Washington) is economically depressed since it had peaked in the
28 year of 2007.
29
3Qlkicty.Curran.Thompson.Yontarolo Wolker.P.S.
Declaration of Dewitt M.."Skip"Sherwood;-2 AY ORNEYSiATJAW
t109-1339-133 601 Wert Main_Suite 1212
Spokane.Wosh1n ion 99201.0684
(509)455-91W1
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4,5:1 AM ELL '°N Wdll : l ll06 'Idy PA ! a°aa
6. In my opinion forced sales for cash generally do not achieve full
2 fair market value, as evidenced by the number of short sales now being
3 made by various financial institutions. Other examples of forced sales are
4 those imposed by bankruptcy courts and other court ordered sales. These
distressed sales generally do not achieve actual market value.
6 7. The subject duplex is constructed as two separate living units
and is currently identified as one parcel by the Spokane County Assessor's
8
office. There are duplexes in the valley similarly constructed that have been
9
parceled into what is known as zero lot line units, which means that each
to
duplex unit can be sold as an individual parcel. In my opinion, the subject
11
12 duplex can be separated into two individual assessor's parcels by
13 petitioning the Spokane Valley Planning Commission for a short plat of the
14 subject duplex. The number of square footage of land qualifies the duplex
5 to be separated into two individual assessor's parcels by a short plat without
16 changing the zoning requirements and upon completion of the short plat,
17 would comply with all Spokane County zoning regulations.
18 1 declare the under penalty of perjury pursuant to the laws of the State
19 of Washington that the foregoing is true and correct.
20
21 Dated this 24Lh day of March, 2011,
22
23
24 �., �t.Jr.[•l7 - -,�- �, '
25 Dewitt M. "Skip" Sherwood
26
27
28
29
30
Declaration of Dewitt M."Skip"Sherwood:3 Delay,Cun'an.Thompson,Pnntaroki& Walker.AS.
A77ORN5)S AT LAW
#0U 133 601 Wen Main.Suite-1212
Spokane,Washington 9920I.0684
(509)455.95110
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RECEIVED
NOV29 2010
SPOKANE VALLEY
MMUNITv DEVELOPMENT BOSWELL LAW FIRM, P.S.
A WASHINGTON PROFESSIONAL SERVICE CORPORATION
David P.Boswell ATTORNEYS&COUNSELORS AT LAW Barbara Russell
Attorney at Law Attorney at Law
elboswell@fernwell.net fernwell.net THE FERNWELL BUILDING brussell1977@gmail.com
505 WEST RIVERSIDE, SUITE 500
Elizabeth G.Raddatz SPOKANE, WA 99201
Legal Assistant
boslaw@fernwel.net (509) 252-5088 • FAX(509) 252-5081 ,.. loco-
November 23, 2010
Spokane Valley Planning Depar lment
Attn: Tavis Schmidt
11707 E Sprague Ave# 106
Spokane Valley, WA 99206-6124
Re: Conne/Falk Property, 12918/12920 E. 31"Ave. Spokane Valley,WA, Parcel No:
45273.1818
Dear Mr. Schmidt:
This is Barbara Russell, attorney for Tammy Conne,who is co-owner of the above-described
property. I am requesting a zoning letter/declaration from your office. The attorney for Ms.
Falk, Joseph Delay,wrote a letter to me explaining his erroneous belief that the duplex can be
divided into separate parcels. I have enclosed a copy of this letter. As per earlier
conversations with you, I know that the property cannot be divided into separate parcels and I
need you to explain this in a zoning letter.
Generally, this zoning letter should provide any information that will explain why the above-
described property cannot be split into separate parcels. More specifically, your letter should
address Mr. Delay's error found in his enclosed letter. Please provide all applicable
regulations and ordinances and give any examples that may help explain the zoning
departments reasons that this separation is not allowed. Additional, let it reflect that this is
according to public and business records.
I have enclosed a check for the fee of$210.00. We do wish that that you will provide this
information as part of a declaration, in which you simply swear that,under penalty of perjury
under the laws of the State of Washington, you declare the following statement is true and
correct to the best of your knowledge. Thank you for your cooperation.
Sincerely,
Barbara D. Russell
Attorney at Law
Boswell Law Firm, P.S
Enclosures
N 4.4.404 444 .114V N
COMMUNITY DEVELOPMENT DEPARTMENT
.00`atley. PLANNING DIVISION
December 1,2010
Boswell Law Firm
Attn: Barbara Russell
505 W.Riverside Ave, Ste 500
Spokane, WA 99201
SUBJECT: Zoning letter and development standards for 12918/12920 E.31st Ave
Dear Ms.Russell,
The current zoning on this property is Single-family Residential Urban District(R-4). This zoning allows
single family and duplex residential uses by right. The minimum lot size requirements for single family
residential are 6,000 square feet; and for duplex lots it is 10,000 square feet.
Spokane Valley Municipal Code(SVMC) section 19.40.020 states that the minimum lot size for a duplex
lot area per dwelling unit is 5,000 square feet, for a total of 10,000 square feet for a duplex lot. This is
based upon a duplex lot, where the duplex is contained on one lot, and is a bonus density for creating
duplex lots. The existing lot size of 11,250 square feet exceeds the minimum lot area for a duplex lot.
If the referenced lot is further subdivided, then it would no longer be a duplex lot and would be
considered as two single-family residential lots. The minimum lot size would then be 6,000 square feet
for each lot; there is not enough area of the existing lot to subdivide it into two single-family residential
lots.
Further,the lot only has 90 feet of width, or frontage, as it currently exists. SVMC 19.40.020 requires all
lots in the R-4 district to have a minimum of 50 feet in width. The referenced lot cannot be further
subdivided since the two proposed lots will not meet the minimum lot width requirement.
I swear, under penalty of perjury under the laws of the State of Washington,that the above statements are
true and correct to the best of my knowledge.
Please contact me at(509)720-5310 or tschmidt@spokanevalley.org if you have any questions.
Sincerely,
TAVIS SCHMIDT
Assistant Planner
Community Development Department
1 of 1
G 'ay Curran, 9,7hi mpson, Pontarolo & Walker, P.S. JOSEPH P.DELAY
J.DONALD CCRRAN
Attorneys at Law ROBERT H.THOMPSON
60 West Main, Suite 1212 a Spokane,WA 99201-0684 MICHAEL J.PONTAROLO
Phone(509)455-9500,Toll-Free Number 1-800-572-0933 MICHAEL J.WALKER"
Facsimile(509)623-1446
Smith Tower,506 2°d Ave.,25h Floor•Seattle,WA 98104 •
Phone(206)343-8535
CLARENCE A.BOLING(1928-1977)
All Correspondence to Spokane Office
••Admiated in Washington&Idaho
September 29, 2010
3erbara Russell
Loswell Law Firm
Gee Fernwell Building
305 W. Riverside, Suite 500
Spok: ne, WA 99201
RE: Coma v Falk
Duplex at 12918 E. 31' Ave.
My File No, 09-133
130-8F Barbara:
have attached Spokane Valley Municipal Code 19.40.020. I
nderstand the duplex at issue is zoned R-4, however I disagree with your
c aentes position that a partition in kind would be in violation of Spokane
Valley's zoning requirements because the property in question is clearly a
`Duplex Lot" which only requires 5,000 square feet per lot to be in
compliance. in partition in kind, the lots will continue to be 5,650 square
foot duplex lots and will thus satisfy the zoning requirements. Thank you for
your attention in this regard.
Very truly yours,
tom %
//.
J SEPH P. DEL '4
,;,?Gadd
:Enclosure
Cc: Sherry Falk
City of Spokane Valley
Building Dept
Receipt
Receipt Number: 25219 Customer Number
Projects
Full
Project Nbr Inv Nbr Fee Amt Inv Amt Owing PAID Pint
10003925 1 $210.00 $210.00 $210.00 $210.00 ❑
Total: $210.00 $210.00 $210.00 $210.00
Miscellaneous Items
Total PAID: $210.00
Tender
Type Check Acct Balance CC Nbr Exp Date TENDERED
Checkl 6042 210.00
Payer: Boswell Law Firm
Total TENDERED: 210.00
Over /(Short) $0.00
Change $0.00
Notes:
Tran Date/Time: 12/01/2010 11:19:51 AM
By: HMORRIS
Logon User: BldgCounter
Station: CX_SV00014A
Override By:
Printed: 12/01/2010 11:19:53AM Page 1 of I
wka.n•pii,e\.4%,
40.00w
11707 E Sprague Ave Suite 106 • Spokane ValleyWA 99206
P
509.921.1000 ♦ Fax: 509.921.1008 • cityhall®spokanevalley.org
Fax
To: Boswell Law Firm. From: Tavis Schmidt,Assistant Planner
Attn: Barbara Russell Pages: (including cover letter)2
Fax: 509-252-5081 Date: 4/6/11
Phone: 509-252-5088 CC:
Re: 12918/12920 E 31st Ave
COMMUNITY DEVELOPMENT DEPARTMENT
icllle PLANNING DIVISION
April 6,2011
Boswell Law Firm
Attn: Barbara Russell
505 W.Riverside Ave, Ste500
Spokane, WA 99201
SUBJECT: Outline of potential fees and costs for a Short Subdivision in the City of Spokane
Valley
Dear Ms. Russell,
The fees and costs for performing a short subdivision in the City of Spokane Valley includes, but not
limited to,the following:
• Pre-application meeting- $250
• Preliminary Subdivision application - $1364 (pre-app fee of$250 is credited if application made
within one(1)year of pre-application meeting date)
• Final Subdivision application-$994
• Final recording fees for a short plat- $133 and up
• Signatures and approvals must be acquired on the above applications from outside agencies
(Sewer, water, utilities, etc). Many of these agencies have a fee for their review (e.g. Regional
Health District). Estimated at$740 per agency.
• A private surveyor must be contracted to perform all surveys and drawing of plats. Estimated fees
$3500 and up.
• A private engineer may be required to design certain elements regarding the project. These could
relate to Building Permits, Utilities and other civil plans. Estimated fees depend upon scope and
scale of requirements.
• Building permits may be required to meet Building Code requirements for a common(party)wall
of the existing duplex, when the property line shares the same said common wall. Estimated
permit fees depend upon the costs(materials and labor)of the project.
I swear, under penalty of perjury under the laws of the State of Washington,that the above statements are
true and correct to the best of my knowledge.
Please contact me at(509)720-5310 or tschmidt(a�spokanevalley.org if you have any questions.
Sincerely,
TAVIS SCHMIDT
Assistant Planner
Community Development Department
I of 1
P. 1
* * * Communication Result Report ( Apr. 6. 2011 11 : 53AM ) *
1) Spokane Valley Permit Center
2)
Date/Time : Apr. 6. 2011 11 : 52AM
File Page
No. Mode Destination Pg (s) Result Not Sent
1734 Memory TX 92525081 P. 2 OK
Reason for error
E. 1) Hans up or line fail E. 2) Busy
E. 3) No answer E. 4) No facsimile connection
E. 5) Exceeded max. E—mail size
Sliokane
Val
• 11707 E Sprague Ave Sidle 106•Spalgx Valley WA 99206
509.92-.1000 4 Fax:509.921.1008•cllyhallanpolanevauey.ay
Fax
To:Boswell Law Finn. From: Timis Schmidt,Assistant Puma,
Alhe Barbara Rased Pages: (including coverteller)2
Fax: 500.2555061 Dab: 45011
Phone:509-262.5088 CC:
Re:12818/12820 E 31'Ave