1993, 09-23 CUE-13-93 Private Dog Kennel ZONING ADJUSTOR
SPOKANE COUNTY, WASHINGTON
IN THE MATTER OF A CONDITIONAL )
USE PERMIT FOR A PRIVATE DOG ) FINDINGS OF FACT,
KENNEL ) CONCLUSIONS,
FILE: CUE-13-93 ) AND DECISION
APPLICANT: RICK & CHRISTINE )
JOHNSON )
COMPANION FILE(S): NONE )
PARCEL NUMBER: 55184.1419 )
APPLICATION DESCRIPTION: The applicant proposes to continue a kennel
operation to house no more than 10 adult dogs. Authority to consider such a request
exists pursuant to section 14.404.100 of the Zoning Code of Spokane County and Spokane
County Board of County Commissioners resolution No. 89 0708, as may be amended.
PROJECT LOCATION: Central e valley, north of and adjacent to Cowley Avenue
and approximately 1/8th mile west-of-Gi res d, in SE 1/4 of Section 18, Township
25N, Range 45 EWM; 18103 E. Cowley Avenu
OPPONENTS OF RECORD:
Warren .
PUBLIC HEARING AND DECISION: After consiueration of all available information
on file, exhibits submitted and testimony received during the course of the public hearing held
on August 9, 1993, the Zoning Adjustor rendered a written decision on September 23, 1993 to
APPROVE the application.
FINDINGS OF FACT AND CONCLUSIONS
1. Testimony was taken under oath.
2. The proposal is described above and detailed in documents contained in the file;
more particularly, the dogs are kept in the house most of the time and use the exercise yard
generally only under supervision. There are two outside enclosed kennel runs in addition to
the large fenced back yard. The large exercise area is screened from the street by solid wood
fencing and screened from the neighbors to the east with portable chain link fencing with sight
obscuring material on the fencing material. The possibility of expanding and including an
exercise area to the rear of the present garage exists. The rear, northerly, most portion of the
property is pasture area. Refer to site plan indicated as "approved site plan."
3. The adopted Spokane County Comprehensive Plan designates the area of the
proposal as Urban. The proposal is generally consistent with Urban category of the
Comprehensive Plan and complies with RCW 36.70.450.
4. The site is zoned UR-3.5,which allows the proposed use upon approval of this
application.
CASE NO. CUE-13-93 SPOKANE COUNTY ZONING ADJUSTOR PAGE 2
5. The existing land uses in the area of the proposal include residential uses on lots
from about 2 acres to about 1/3 of an acre. Typically, uses listed as a conditional use are
assumed as permitted in the underlying zone, subject to the listed standards and any other
conditions needed to assure compatibility in the given instance. But, pursuant to 14. 404.101,
the requested conditional use permit may be denied if the Hearing Body cannot find that the
requested use will be compatible with other permitted uses. Section 14.616.240.5 lists certain
standards to achieve compatibility, some of which the Hearing Body may exercise nominal
discretion over to achieve the overall intent of compatibility with surrounding properties.
Clearly, 14.404.102 allows the Hearing Body to impose any and all manner of additional
conditions and requirements in an effort to achieve maximum compatibility. In the instant
situation the applicant does not board other dogs than her own and does not commercially
breed or groom dogs. Her custom is to keep the dogs in the house at night and to not let them
bark excessively. The dogs are also in the house at times at which the applicants are not at
home. Waste is contained in plastic bags, and apparently cleaned up on a regular basis. Waste
is then hauled off with garbage. The dogs are seldom outside in large numbers. There usually
let out about 9:00 a.m. in the morning and are brought in the early to middle evening, with a
late evening/short outing for waste elimination purposes. The applicant breeds the dogs
infrequently, approximately once every 3 years, with the purpose of breeding primarily to
develop additional show dogs and not for the purposes of sale.
6. The proposal is exempt from the provisions of the Washington State Environmental
Policy Act, Chapter 43.21C RCW,pursuant to WAC 197-11-800 (1) (1) (iii) and the Spokane
Environmental Ordinance 11.10.070 (1) (c).
7. Both adverse and supportive testimony or written comments were received
regarding the proposal. Nancy Satin, Spokane County Small Animal Control, said that they
had no barking complaints of record and that the kennel met all their criteria for a private
kennel. Dolores Nichols, residing immediately adjacent to the west, supported the application,
saying the applicants had maintained a similar kennel facility for more than 10 years, without
adverse affects. She stated many people in the area were unaware that the number of dogs
resided at the residence as apparently do. An adverse comment letter was received from the
Hoods, living in Arizona. The Hoods own rental property, apparently across the street and to
the west. They expressed concern for a kennel in the area as being disruptive and creating
obnoxious and distracting noise. The Hoods are apparently unaware that the kennel has
existed for over 10 years and that it has not had any complaints against it. The Hoods did not
describe any specific known violations or discuss any existing problems associated with the
applicant's kennel.
8. The proposal is listed in the Zoning Code of Spokane County as a conditional use
allowed in the 14.616.240.5 zone, and the proposal does meet the established and applicable
criteria described for that conditional use.
9. The proposal does not impose excessive demands on public utilities.
10. The applicant has been made aware of the recommendations of various County
agencies reviewing this project`and has indicated those recommendations are acceptable.
11. 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.
CUE-13-93
•
CASE NO. CUE-13-93 SPOKANE COUNTY ZONING ADJUSTOR PAGE 3
12. Various performance standards and criteria are additionally needed to make the use
compatible with other permitted activities in the same vicinity and zone and to ensure against
imposing excessive demands upon public utilities, and these shall be addressed as conditions
of approval.
13. The proper legal requirements for advertising of the hearing before the Zoning
Adjustor of Spokane County have been met.
DECISION
From the foregoing Findings of Fact and Conclusions, the Zoning Adjustor
APPROVES the proposal, subject to compliance with the following
CONDITIONS OF APPROVAL
I. GENERAL
1. The following conditions shall apply to the applicant, and shall not 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 Zoning Adjustor, shall constitute a violation of the Zoning
Code for Spokane County and be subject to such enforcement as is appropriate.
3. The Zoning Adjustor may administratively make minor adjustments to site plans or
the conditions of approval as may be judged by the Zoning Adjustor to be within the context of
the original decision.
IL PLANNING DEPARTMENT
1 . The proposal shall comply with all applicable standards of section 14.616.240.5 of
the Zoning Code of Spokane County unless deviations, variances or exceptions have been
lawfully granted.
2. This permit expires on October 1, 1995, unless renewed under the following terms:
a. Approximately 30-45 days prior to expiration of this permit, the applicant may
apply for an extension of the permit or establishment as a perpetual permit (for the
applicant only).
b. Such fees as required at the time shall be collected by the Department at
renewal.
c. A search of the records of complaints will be undertaken to see if existence of
complaints and/or violation of the standards of conditions exist.
CUE-r 3-93
CASE NO. CUE-13-93 SPOKANE COUNTY ZONING ADJUSTOR PAGE 4
d. Prior to October 1, 1994, the issue of the drainfield, raised in the Health District
memo of 8/9/93 (item 3.d.) must be resolved (See V.4. below).
3. The applicant shall generally comply with the "approved site plan; 8/23/93; tgm."
This allows for a future kennel expansion for an exercise area to the north, northeast, and east
of the present garage. In the interim, the applicant may establish a sight obscuring fencing
paralleling the east property line in the area between the house and the pasture, which will
assure sight obscuring fencing at least 50 feet from the residents to the east.
4. The applicant shall generally maintain the same kennel operation as described under
the findings of fact/conclusions 2 and 4. Any complaints of barking may be dealt with by
requiring additional sight obscuring fencing and requiring the construction of accoustically
accurate kennels coplying with WAC 173-60.
5. Any signs erected on the applicant's property shall not exceed 2 feet by 2 feet in
size and shall not be illuminated.
6. If the Zoning Adjustor believes there are extenuating circumstances associated with
the renewal of the permit, he/she may cause there to be a public hearing and reconsideration of
the permit; the notification expense shall be that of the county if such reconsideration takes
place.
III. DEPARTMENT OF BUILDINGS
1. 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 as
authorized by the State Building Code Act. Design/development concerns include: Fire
Apparatus Access Roads; Fire Hydrant/Flow; Approved Water Systems: Building
Accessibility; Construction Type; Occupancy Classification; Exiting; Exterior Wall Protection;
and Energy Code Regulations.
V. SPOKANE COUNTY HEALTH DISTRICT
1. Sewage disposal method shall be as authorized by the Director of Utilities,
Spokane County.
2. Water service shall be coordinated through the Director of Utilities, Spokane
County.
3. Water service shall be by an existing public water supply when approved by the
Regional Engineer(Spokane), State Department of Health.
4. Subject to specific application approval and issuance of permits by the health
officer, the use of(an) individual on-site sewage disposal system(s) may be authorized.
NOTE: The District has no record of an approved on site disposal system.
This issue should be resolved to the satisfaction of the District.
CUE-13-93
CASE NO. CUE-13-93 SPOKANE COUNTY ZONING ADJUSTOR PAGE 5
5. The applicant assumes responsibility for the provision of domestic-use water.
6. The Spokane County Health District's Rules and Regulations for Solid Waste
Management and Handling address the disposal of wastes from animals in the following ways:
Section 1.06.200 (2) (h-j) On-Site Storage, Collection and Transportation Standards for
Solid Waste.
h. Disposal of wastes from household pets may be by burial, to the sanitary sewer
system if acceptable to the sewer operating entity, into a tied bag for collection as
garbage, or by other methods as approved by the District.
i. On-site storage and disposal of solid wastes from animal kennels, shelters, or
stables shall conform to the standards of this Section, and Sections 1.06.300 and
.420, as applicable.
j. Animal wastes shall not be collected, deposited, or allowed to remain in any place
to the prejudice of other persons as described in RCW 7.48.140. (1).
In regards to the wash-down waste water from cleaning the pen areas, there are no
Spokane County Health District permits required for its disposal. Consult with the Department
of Ecology for this generated waste water disposal. The kennel should be operated and
maintained in a manner so as to not create a nuisance.
VI. DIVISION OF ENGINEERING AND ROADS
None is needed.
NOTICE: PENDING COMPLETION OF ALL CONDITIONS OF APPROVAL WHICH
NEED TO BE COMPLETED PRIOR TO PERMIT ISSUANCE, PERMITS MAY BE
RELEASED PRIOR TO THE LAPSE OF THE 1EN (10)-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.
DATED this go day of September, 1993 /
f
/ 411 1 1 /1 i o' tti '
O • + I OSHER, AICP
/-.ping • .justor
Spok. e Coun , Washington
CUE-13-93
CASE NO. CUE-13-93 SPOKANE COUNTY ZONING ADJUSTOR PAGE 6
FILED:
1) Applicant (Certified/Return Receipt Mail)
2) Opponents of Record
3) Spokane Division of Engineering and Roads
4) Spokane County Health District
5) Spokane County Division of Utilities
6) Spokane County Department of Buildings
7) Planning Department Cross-reference File and/or Electronic File
NOTE: ONLY THE APPLICANT OR AN OPPONENT OF RECORD MAY FILE AN
APPEAL WITHIN TEN (10) CALENDAR DAYS OF THE ABOVE DA 1E OF SIGNING.
APPEAL MUST BE ACCOMPANIED BY A $200.00 HUNG FEE. APPEALS MAY BE
FILED AT THE SPOKANE COUNTY PLANNING DEPARTMENT, PUBLIC WORKS
BUILDING, 1026 WEST BROADWAY AVENUE, SPOKANE, WA 99260 (Section
14.412.042 of the Zoning Code for Spokane County).
CUE-13-93