1999, 11-04 Administrative Determination NCU-1-99S P O IC A N E
BUILDING N. PLANNING
James L. Manson, C.a.O., Director
LaRue Barlow
563 N. Bowdiish Rd,
Spokane, WA 99206
Dear Mr. Barlow,
I have completed the written decision for your requested nonconforming use
determination, However, before the decision is issued I will need to have some additional
information to include in the file to help support the decision. Please submit a copy of
the original deed for the property, if one is available, that shows the date that your family
purchased the property. If you don't have a personal copy of the deed, a.title company
may be able to produce one for you. Also, since a lot of the information that you have
given me about the property has been occurred during our personal conversations, I am
requesting a written explanation from you attesting when the property was purchased by
your family (year and month), when the business use started, and stating that the
business was in use until the time that the current business was initiated, You may also
want to explain the situation that occurred with our department in 1982. A statement
from your mother, or other family members, listing the original dates that the business
use was established would also be quite helpful;
A DIVISION OF TH£ PUBLIC WORKS DEPARTMENT
Gary Oberg, Director
November 4, 1999
I know that this has been frustrating for you after working through this issue in 1982, but
in order to complete the decision and have information in the file supporting_ the decision,
I will need this additional information from you. If you have any questions, please call
me at 477-3675.
1026. W. BROADWAY "• SPOKANE, WASHINGTON 99260.0030
PHONE:. (509) 477-3675 • FAX: (509) 477-4703 • TDD: (509) 477-7133.
ADMINISTRATIVE DETERMINATION OF
SPOKANE COUNTY PLANNING DEPARTMENT
IN THE MATTER OF NONCONFORMING ) FINDINGS OF FACT,
STATUS DETERMINATION NCU-1-99 ) CONCLUSIONS
AND DECISION
THIS MATTER, a request for an administrative determination of nonconforming status from
LaRue Barlow has been received and decided upon pursuant to Spokane County Zoning Code
Chapter 14.508.040 on the 8th day of November, 1999.
SUMMARY OF FACTS
1. The individual signing below has been properly delegated the responsibility for rendering
this determination by the Spokane County Division of Building and Planning Director.
2. The applicant had requested a nonconforming status determination pursuant to Chapter
14.508.040 of the Spokane County Zoning Code for the storage and maintenance of
Recreational Vehicles.
3. Chapter 14.508 of the Spokane County Zoning Code , (Nonconforming Provisions)
defines the requirements for establishing a nonconforming use. To obtain nonconforming
status, the use must be lawfully established and in existence prior to adoption of the
Zoning Code. Additionally, a nonconforming use which remains unoccupied or unused
for a continuous period of one (1) year, and which is abandoned, shall not thereafter be
occupied or used except by a use which conforms to the regulations of the zone in which
the use is located. The burden of proof substantiating the claim of nonconforming status
is on the applicant.
4. The site is identified by Spokane County Assessor's tax parcel numbers 45163.0262 and
45163.0278. The Spokane County Assessor's segregation records do not contain
information on the original segregation dates for these two parcels. However, building
permits dating back to the 1950's identify that these separate tax parcels were existing at
that time. The site is generally located west of and adjacent to Bowdish Road and
approximately 400 feet north of Valleyway Avenue in the S'/z of Section 16, Township
25 N., Range 44 EWM, Spokane County, Washington.
5. The subject site contains a storage building, approximately 2000 square feet in size, a
gravel driveway and parking area, and is surrounded by a sight obscuring cyclone fence
which is six feet in height. The existing business consists of the maintenance and outdoor
storage of recreational vehicles.
6. The site is located within the Urban category of the Comprehensive Plan. The Urban
category is intended to provide the opportunity for the development of a "citylike"
environment with intensive residential uses. Detailed Definition D of the Urban Category
states that major commercial uses are not compatible within urban areas.
NCU-1-99
ADMINISTRATIVE DETERMINATION
PAGE 2
7. The existing zoning of the property described within the application is Urban Residential-
3.5 (UR-3.5), established in 1991 pursuant to the Program to Implement the Spokane
County Zoning Code. Prior to 1991, the site was zoned Agricultural Suburban (AS) in
1958 (ZE-294-58). Prior to 1958, an Agricultural Zone District was established by the
Board of County Commissioners Resolution # 46-83 on June 1, 1946, for an area which
includes the subject site. There were no zoning regulations in place for this area prior to
June of 1946.
8. The applicant has stated on the application information that a family construction
business was established on the subject property in 1945. The applicant has stated that
the family business of Barlow Construction was established on the property at the time
that the family moved into the adjacent residence. The applicant has submitted a 'Valley
Herald article dated 1958 which states that Barlow Construction had been in operation at
the Valley location for the previous fifteen (15) years. The applicant has stated that the
construction business was operated out of a former shop on the site and that the site was
used for equipment storage and maintenance.
9. The applicant has either submitted or presented a number of business related items
identifying that Barlow construction continued to operate from the subject location into
the mid 1980's.
10. In 1982, the applicant was contacted by the Spokane County Department of Building and
Safety regarding the existence of business signs on the subject property, advertising
`Barlow Construction', which were not allowed under the Agricultural Suburban (AS)
zone. The applicant responded by submitting a letter to the Spokane County Planning
Department explaining that the signs were for the family construction business located on
the site, and that both the business and the signs had been in place since at least 1946. In
addition, a list of signatures attesting that the signs advertising `Barlow Construction' had
been on the site for at least 30 years or more.
11. On December 9, 1982, a letter was issued by the Spokane County Planning Department
to the applicant stating that the signs on the subject site were determined to be non-
conforming. A follow-up letter was issued on January 18, 1983, stating that appeal
period for the nonconforming use determination had expired and that the Planning
Department no longer had any concerns regarding the signs located on the property. The
applicant has stated that an additional letter was issued by the Planning Department that
recognized the existing construction business as a legal nonconforming use. The
applicant does not have a copy of the additional letter, and an extensive search of the
Division of Building and Planning records have not produced one. The file number AI-2-
82, as referenced in the January 18, 1983, Planning Department letter has not been
located.
12. The fact that the Planning Department issued a determination of nonconforming use for
the business signs, without questioning the existing business on the site, leads to the
presumption that the Department may have also considered the existing business to have
legal nonconforming rights.
13. In 1987, the applicant discontinued the construction business and converted the site into a
recreational vehicle storage and maintenance business. This use is currently in existence
today. The existing use is comparable to the previous storage and maintenance of
construction related equipment.
NCU-1-99
ADMINISTRATIVE DETERMINATION PAGE 3
CONCLUSIONS
1. In making a determination for a nonconforming use, the burden of proof to establish facts
in support of the requested determination is the responsibility of the applicant. In this
instance, the documentation provided by the applicant generally demonstrates sufficient
evidence to show that the use of the subject property was established prior to the
implementation of zoning for the general area including the subject site. Prior to the area
being zoned, there would have been no limitations on the types of uses allowed.
2. It is concluded that the applicant has submitted sufficient information to grant the
"nonconforming use" status for the existing recreational vehicles storage and
maintenance business. This nonconforming status will allow confirmed operation of
current uses on the subject property and allow for the normal repair and maintenance of
existing structures. Any expansion of the existing use would require compliance with the
applicable provisions of the Spokane County Zoning Code. This determination will not
apply to any unrelated or general business use of the site, and does not allow the existing
use to be expanded upon to include the commercial sales of recreational vehicles.
ADMINISTRATIVE DETERNIINATION
BASED UPON the above -noted Summary of Facts and Conclusions, Nonconforming Status
Determination NCU-1-99 is hereby APPROVED.
DATED THIS 8''' DAY OF NOVEMBER, 1999.
/A4fl#
TAMMY JO `': S
Associate Planner
Under State Law and County Ordinance, you have the right to appeal this decision to the
Spokane County Hearing Examiner. If you desire to file an appeal, you must submit the
appropriate Appeal Application together with the require Fee, payable to the Spokane County
Division of Building and Planning, within fourteen (14) calendar days from the date this decision
is signed. Upon receipt of a complete appeal application, a public hearing will be scheduled.
If you have any questions, please call the Division of Building and Planning Department at 477-
3675.
c: LaRue Barlow, Jr.
Adjacent Property Owners
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JAMES I.. MANSON, DIRECTOR
December 1, 1982 CERTIFIED -RETURN RECEIPT REQUESTED
Mr. LaRue Barlow, Jr.
North 503 Bowdish Road
Spokane, WA 99206
SIGNS
This letter is in regards to our conversations earlier this year concerning
the signs on your property, located at North 503 Bowdish, Spokane County,
parcel number 16543-0275. A check of the file and a recent field inspec-
tion indicates that this matter has yet to be rectified.
Unfortunately, signs of the size and nature as those currently on your
property are not permitted in the Agricultural Suburban Zone, in which
your property is located. Find enclosed a copy of Section 4.17.110 of
the Spokane County Zoning Ordinance which outlines those signs that are
currently permitted in the Agricultural Suburban Zone.
In our conversations you indicated that the signs had been on the property
since 1946. As the current zoning of the property became effective in
1958, the signs might possibly have nonconforming rights.
In order to establish nonconforming rights, it will be necessary for you
to submit competent proof that the signs were legally installed. Find
enclosed a Planning Department bulletin which discusses the establishment
of nonconforming rights. Note that, "The proving of the existence of a
nonconforming use or structure is the responsibility of the person or
party asserting nonconforming rights." For further information concerning
nonconforming rights, contact the Spokane County Planning Department at
456-2205. Please submit the information indicated on the bulletin or
other documentation which you might have to either this office at the
above address or to Mr. Doug Adams, Zoning Administrator, Spokane County
Planning Department, North 721 Jefferson.
NORTH 811 TEFFERSON
SPOKANE, WASHINGTON 99260.0050 • TELEPHONE (509) 456-8675
Page 2
Mr, LaRue Barlow, Jr,
December 1, 1982
As the signs (and the associated use) on the property are currently not
permitted in the Agricultural Suburban Zone, due to the length of time
this matter has been pending we are of the opinion that since you have
now been informed of the requirements of the Spokane County Zoning Ordi-
nance, a period of 30 days, beginning with your receipt of this letter,
should be a sufficient extension of time In which to bring your property
into compliance, establish nonconforming rights, or actively pursue other
options which the Spokane County Planning Department might indicate are
available to you to rectify this situation.
Do not hesitate to act upon this important matter, since a violation of the
Spokane County Zoning Ordinance is a misdemeanor and does carry a penalty,
If these matters are not taken care of within the previously mentioned 30
days, we will be unable to grant any further extensions of time and will
have no choice but to forward this case to the Spokane County Prosecuting
Attorney's office for appropriate legal action. A violation of the Spokane
County Zoning Ordinance is a criminal offense and does carry a penalty of,
"...two hundred and fifty dollars ($250.00) or imprisoned in the County
Jail for a term of not exceeding ninety (90) daps, for each offense. Each
day that a violation is permitted to exist shall constitute a separate
offense."
Please be advised that this is not matter that will; go away if ignored.
I am sure it is important to you, as it is to me, that we resolve this
situation quickly.
If you wish to discuss these findings, have any questions, or believe these
allegations to be unfounded, please feel free to contact me at 456-3675.
Sincerely
I
Mark Holman
Zoning Investigator
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Enclosure
Copies to Doug Adams, Spokane County Planning Department
Rob Binger, Spokane County Prosecuting Attorney's Office
Barlow Construction Co.
General Contractors
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WA 6-5309
N. 503 Bowdisfi, Spokane, Wash. 99206
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PLANNING DEPARTMENT
BROADWAY CENTRE BUILDING N 721 JEFFERSON STREET
PHONE 456-2205
SPOKANE. WASHINGTON 99260
SPONANE COW.T� COURTHOUSE
December 9, 1982
Mr. LaRue Barlow, Jr.
Barlow Construction Company
N. 503 Bowdish
Spokane, WA 99206
Dear Mr. Barlow:
Regarding the signs on your property within the Agricultural Suburban
zone, it is our determination from the letters which you have sent us, the
petition submitted with the letter, and an on -site inspection that your
signs do have non -conforming rights.
This determination may be appealed to the Spokane County Board of
Adjustment within 20 days of the date adjacent property owners within
300 feet are notified of this determination. To resolve all doubts about
the sign, please mail a copy of this letter to adjacent property owners
within 300 feet and submit an Affidavit of Mailing to our Department so
that.the 20 days may begin to run. (You may fill out an Affidavit of
Mailing in our office.) If no appeal is filed within that time frame,
your non -conforming use will be formally established.
Should an appeal be filed, a hearing will be held before the Spokane
County Board of Adjustment, and it_wi-11 be necessary at that time for you
to bring pictures of the signs and movie film as evidence of the sign on
the property. So please keep these pictures and film close at hand.
If you have any further questions, please feel free to contact me
at 456-2205.
Sincerely,
!,� ... 0,'f,.
Douglas S. Adams
Zoning Administrator
DSA : ks
Y,A
PLANNING DEPARTMENT
BROADWAY CENTRE BUILDING N 721 JEFFERSON STREET
PHONE 456-2205
SPOKANE WASHINGTON 99250
SPOKANE COL ti'v LO::RT POSE
January 18, 1983
Mr. LaRue Barlow, Jr.
Barlow Construction Company
N. 503 Bowdish
Spokane, WA 99206
Dear Mr. Barlow:
It has been over a month since the December 9, 1982 letter of interpretation
that was given you establishing non -conforming rights for the signs on your pro-
perty as noted in File AI-2-82. Providing legal notice has been given to affected
property owners as required by law and provided the time frame has exnired for
aooeal of the interpretation, we no longer have any concerns regarding the signs
located on your property.
If you have any further questions, please feel
SH/pm
cc: File AI-2-82
free to contact me
Sinc ly,
Alt'
Steve Horobiowski
Zoning Administrator
at 456-2205.