1980, 01-09 VE21979 Variance DecisionZONING ADJUSTOR FINDINGS & ORDER
Hearing: January 9, 1980
Decision Made: January 18, 1980
Findings Written: January 22, 1980
VARIANCE
VE -219-79, RELAXATION OF LOT AREA & FRONTAGE REQUIREMENTS
ZONING ADJUSTOR DECISION: After public testimony and review, the decision
of the Zoning Adjustor is to approve the applicant's request for a the requested
variance.
A. FINDINGS: Pursuant to Section 4.25.030 of the Spokane County Zoning
Ordinance, the Zoning Adjustor has the responsibility of determining that the
granting of this application will not be detrimental to the surrounding pro-
perties. In assuring compatibility, the Zoning Adjustor based his decision on
the testimony presented at the above noted Zoning Adjustor Hearing as well as
criteria set forth in the Spokane County Zoning Ordinance for review of this
application. The Zoning Adjustor hereby finds the following:
1. The Zoning Adjustor finds that applicant's parcel may have been illegally
established and the seller of the lot should have been aware of the State
and Local Subdivision Regulations governing the division of previously
subdivided property.
2. From the testimony presented, the Zoning Adjustor finds that the applicant
is an innocent purchaser for value without actual notice as described in
RCW 58.17.210.
3. The Zoning Adjustor notes that applicant's parcel, while not meeting the
lot area and frontage requirements in the Agricultural zone is compatible
with the general development in the area as evidenced by numerous other
parcels of similar size and use. The Agricultural zone in which the
property is located was established in 1957 and since that time there has
occurred no less than fifteen Residential and Commercial zone changes in
this section. The continued zone changes establish that the area is in
transition from Agricultural to more intensive development.
4. The applicant indicated that an adjacent garage to the west of his property
prevented him from obtaining the additional frontage and lot area required
to meet the requirements of the Spokane County Zoning Ordinance.
5. It was found that this action will not be injurious to properties or improve-
ments in the vicinity and that the granting of this variance will not be
materially detrimental to the public health, safety, and general welfare.
6. Denial of the applicant's request would deprive the applicant of a minimum
and basic right to construct a single family residence on a parcel which is
compatible in size with other parcels in the vicinity.
B. ORDER:
Applicant's request is hereby approved and with the following stipulations;
1. The applicant shall maintain his site design in substantial conformance with
the "plot plan" on file with this application, and in any case, shall obsery%-
all setback requirements as prescribed by the Spokane County Zoning
Ordinance.
2. The applicant shall execute an Indemnity Agreement with Spokane County
relating to the creation of this lot and prior to the release of any -building
permits for this lot.
3. The applicant shall complete the .Planning Department forms establishing 1
that he was an innocent purchaser for value of the property in question.
4. The applicant or legal owner of subject property hereby agrees to indem-
nify the County against any and all actions which may result from the
issuance of a building permit on a parcel of land which may have been
segregated in violation of Chapter 58.17 RCW.
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VARIANCE
VE -219-79, RELAXATION OF LOT AREA & FRONTAGE REQUIREMENTS
C. PARTY OF RECORD: C. Bates
South 1219 Newer Road
Veradale, WA 99037
D. GENERAL DATA:
a. Location and Legal Description: Section 18, Twn 25, Range 45 EWM
That portion of Lot 15, Block 17, Corbin Addition to Greenacres,
according to plat recorded in Volume "S" of Plats, page 30, in
Spokane County, Washington, DAF: Beg at the NW cor of said Lot
15; thence E along the N line of said Lot 15, a distance of 165.10
feet; thence S 0029'30" E parallel to the W line of said Lot 15; a
distance of 308.90 feet to the true POB of the description; thence W
parallel with the N line of said Lot 15, a distance of 80.00 feet;
thence S 0°29'30" E parallel with the W line of said Lot 15, a distance
of 162.26 feet to the N line of Cowley Avenue thence N 71146'48" E
along the Nly line of Cowley Avenue, 83.99 feet to a line 165.1 feet E
of and parallel to the W line of said Lot 15; thence N 0029130" W along
said parallel line, 136.00 feet to the true POB of this description,
EXCEPT the Sly 5.0 feet as deeded for Cowley Avenue
b. Applicant: Greg D. Jeffreys
North 1212 Greenacres Road
Greenacres, WA 99016
C. Site Size: Approximately 12,228 sq. ft.
d. Proposed Use: Single family residence
e. Existing Zoning: Agricultural
f. Variance Requested: Applicant's property has approximately
80 feet road frontage whereas the Spokane County Zoning Ordinance
requires 100 feet continuous road frontage in this zone. The Spokane
County Zoning Ordinance requires a lot area whereas applicant's
property is approximately 12,228 sq. ft. in size.
g. Application of Zoning Provision: Chapter(s) and Section(s) 4.04.040
THOMAS" L. DAVYS, Zoning Adjustor
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