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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 >P e r oci (y? I (`rm y Cc) / /-?-t C (2'r i- (6 S I ri i 717 `rz, Oe (q)/ TcLZ C <57 IS (Eai•- f =er Fii r6k r- /,. / , (0 car o (yr e ty- f /lt3 7`t, Opp C / l C-f �r, %� / (k %4 rY r1s' q �rcr-7 0! / of- jtsr r1!`34 .J`71 71( MSr- :� c / i~ 7 r rr;y_ p - c h As rE ci RECEIVED SPOKANE COUNTY NOV 0 8 1999 DIVISION OF BUILDING AND PLANNING (I\ G, -,. `,- % r/V- pi-op ,r- l /lam �t5r/„"-?' �3- (1 L /27L. f / g< / 6/4 7- /3,-N g es-1 Ct)0 /V" 7‘1 ri 4 a ' off' -4-1--C4,4va4_ awls ww� { 1�S /� i —C. In /?/ RECEIVED SPOKANE COUNTY NI O V 0 8 1999 DIV15'ON OF BU:LD 'tiG AND PLANNING Th n I / r 5 //(. , Q 77 ;\ 15 C o a7;Q _2- At / 471 l"iI FA- Prir - (, jY7 c c� (vt %v7 t' iv" T rirtz7 0f)p or- l c-P Jk/' `may i� % �'lr c� / c� & c�. �7 Ai q C-6 (Y S`��-- c. J J o y Cc r,7.> t (Iry 79-,7 f- R _S 7 0 H? 4-6) -D iv"r-(k/ /.7 62-Q( A4111 y -Th (=? 4 pU�—c�jAS "7-7 /(((4Y�l� / fit- I �?r (`t c ry 77hf-4 k.7c1 c LC5 ( c C ( $ /' fit rru x7- (LiC-p 7-6 A 7- /39 s .5.1c Ny-77N p al) f Oni..-3),0,..., I Owkx.)co. 410 ps c3 (,./ C %/,- Spokane County department of building & safety 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 gw Enclosure Copies to Doug Adams, Spokane County Planning Department Rob Binger, Spokane County Prosecuting Attorney's Office Barlow Construction Co. General Contractors Y.. . , . WA 6-5309 N. 503 Bowdisfi, Spokane, Wash. 99206 rctrds to the c,.-..-nwr..Tati„.61 __ft:c. 19:"e0 in Alen you ,D-t:Ac.d that we are lr. • 0 • ,,.3 ci art—' "''• ; :. not 1.1ant to rv? "e - . ; , c. ; • . ; t. 1-• :.cr D.1 trt 1t f-.'„ •).: f- ' ' t)..k. ",)0 :r : s):.° ki2,11,2z1,111_4:1,i, Et. t.cmi ti!in r,y Y!' ,Axi; 6 to Jclirty t . v 1,(\ (51).5 &In e PinACAtivim 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.