503 N Bowdish; legal non-conforming memod011
CITY
11N�
Valley
10210 East Sprague Avenue *Spokane Valley, WA 99206
509.720.5240 • Fax: 509.720.5075 planning@a,spokanevalley.org
Memorandum
To: 503 North Bowdish Road, address file
From: Karen Kendall, Planner
Date: May 20, 2020
Re: Legal non -conforming determination for Parcel 45163.0213, addressed as 503
North Bowdish Road
The City of Spokane Valley has determined that the current use of commercial recreational
vehicle (RV) storage located on parcel 45163.0213 addressed as 503 North Bowdish Road is a
legal non -conforming use pursuant to SVMC 19.25.010.A.1.. This determination was made
based on a review of historical documents which included a determination issued on November
8, 1999 by Spokane County Planning Department, File No. NCU-1-99 (attached). Note that
parcel no. 45163.0212 is also addressed as 503 N Bowdish; the parcels referenced in the
County's determination had boundaries adjusted and new parcel numbers were assigned by the
Spokane County Assessor's Office. For reference, County File No. CE-51-03 A&B (boundary
adjustment) was initiated on February 24, 2003 with the County Assessor's Office per
Segregation File No. 03-0124.
This determination by the City to maintain and acknowledge the legal non -conforming status is
consistent with SVMC 19.25.010.A.1, "Any use which does not conform with the present
regulations of the zoning district in which it is located that was in existence and in continuous
and lawful operation prior to the adoption of SVMC Title 19.
The established legal non -conforming use shall follow SVMC Section 19.25.020.A. stating "The
lawful use of land at the time of passage of SVMC Title 19, or any amendments hereto, may be
continued, unless the use is discontinued or abandoned for a period of 12 consecutive months;
except that any nonconforming use discontinued as a result of foreclosure or judicial
proceedings, including probate, shall be permitted to continue for a period not to exceed 24
months. The right to continue the nonconforming use shall transfer to all successive interests in
the property. Discontinuance of a nonconforming use shall commence on the actual act or date
of discontinuance."
Page 1 of 1
ADMINISTRATIVE DETERIMNATION OF
SPOKANE COUNTY PLANNING DEPARTMENT
PI THE MATTER OF NONCONFORMING ) FINDINGS- OP FACT,
STATUS DETERMINATION NCU-1-9 ) CONCLIJsiorls
AND DECISION
T IIS MATTER, a request for an administrative determination of nonconforming
tus from
LaRue Barlow has been received .and hided County y n pursuant to Spokane . on
ing Code
Chapter 14..503,040 on the 8m day ofNoveanber, 1999.
SUBDIARY OF FACTS
1. The individual signing below has been properly deleted the responsibility
this determination h the lane for tender
�' Spokane #� Division of Building and Planning Director_
2. The applicant had reqi.xeatad a nonconforming tus determination pursuant to Chapter
I 4,508_04D of the Spokane Coimty Zoning Code for the storage and utaintenanae of
Recreationa.t Vehicl .
3_ Cuter- 14.5C15 ofthe Spoianc County Zoning Cam,
(Nonconforming Provisions)
defines the requirements for establishing a nonconforming use. To obtain nonconforming
status, the use roust bc lawfully established and in existence prior to adoption ofthe
Zoning Code, Additionally, a nonconforming usc which remains unoccupied or unused
far a continuous period of one (1) year, and which is abandon, sell not der be
occupied or used except by a use web conforms to the regulations of the 2r...
the use is located. The burn of proof substantiating the claim ofnonconl p., 71
is on the applicant. d
0JT;
4. The site is identified by Spokane County Assessor's tax parcel numbers 4$ f, 6J G2 - a
45 163.027, The Spokane County Assessor's segregation records do not •contain,
information on, the original segregation datcs for these two parcels, However, building
permits dating back to the l'950`s identify thatthese separate tax parcels were existing at
that time. The site is generally located west of and adjacent to Bowdi:sh Road and
approximately 400 feet :north of Valleyway Avenue in. the S of Section 115, Township
25 N., Range 441w f, Spokane County, Washihrgton.
5. The subject site contains a storage building, approximated: 2000 square feet in size, a
gravel driveway and parking area, andis ,-turaunded by a sight obscuring cyclone fence
which is six feet in height. The existing business consists of the maintenance and outdoor
storage ofrecreational vehicles,
6. The site is located within the Urban category of the C'omprchensive Plate,. The Urban
category is intended to provide the opportunity for the. development of a "city/like
environment with intensive residential uses. Detailed Definition :D of the Urban Category
states that major commercial kilUtli arc not compatible within urban areas_
CU-1-99 ADMINISTRATWE DFFERMTNATION
PAGE 2
7. The existing zoning of the property described within the .application is Urban Residential-
3.5 (JR-3..5) established in 1991 pent to the Program to Implcmerdt the Spolc
Coady Zoning Code_ Prior 101991, the site was zoned Agricultural Suburban (AS) in
195 (1E-2 -58), Prior to 1958, an Agricultural Zone District was established by the
Board of County Commissioners Resolution it -83 on June 1, 1946, for an arm which
includes the subject site. There were no zoning regulations. in plate for this area prior to
June of 1946,
>lThe applicant has stated on the application information that a family construction
business was established on the subject property :in 1945. The applic nt has stated that
the family bminess of Barlow Constmetion was established on the property at the time
that the family moved into the adjacent r1,--nee_The applicant ha subrnitted a Valley
Herald. article d?towl 1958 which states that Barlow Construction. had beenin option at
the Valley location for the previous fifteen (15) yam. The awl icant 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 imintenarice
9. The applicant has eit%e.r submitted or presented a number of business related its
identifying that Barlow construction cuntinucd to operate from the subject location into
the raid 198O's.
10. In 1982, the applicant was contacted by the Spokane County Department of Building and
Safety regarding the oxistmee of business signs on the sect 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 bins and the signs had been in place since at lest 1946_ In
addition, a list ofsignatures attesting that the signs mortising `Barlow Construction' had
been on the site for at least 30 years or more-
1 1. On December 9, 19 , a fetter was issued by the Spokane County Planning Department
to the applicant stating that the signs on the subjectsite were deterrnin.edto be non-
nfGrming. A follow-up letter was issued. on January 18, 1983, suing that appeal.
period for the nonconforming use determination hadexpiredand that the Planning
Depa meat no longer had any corkers regarding the signs located on the property. The
app]icnt has stag that an additional letter was issued by the Planning Department that
reoognized the existing construction business .as a legal nonccxnforming use_ The
applicant does not have a copy of the additional letter, and an extensive search of the
Division of Building and flaming records have not producod erne. The file number Al-2-
82, as referenced in the Janualy 18, 1983, Planning Department letter has not been
located.
12, The fact that the Planning .Department issue a determination of nonconforming use for
the businiess signs, without questioning the existingg business on the site, leas to the
presumption that the Department may have also considered the existing business to have
legal nonconforming rights.
13. 1111987, the applicant, discontinued the construction business and converted the site into a
recreational vehicle storage and maintenance business. This use iscurrently in existence
today. The existing use is comparable to the previous storage and maintenance of
construction related equipment.
Nam[]-1-5
M1N1 S-1 RATE V E DETERMINATION PAGE 3
CONCLTJSIONS
In making a determination for a nonconforming use, the burden of proof to establish facts
support of the requested determination is the responsibility of the applicant_ In this
instance, the documentation provide3dby the applicant generally dcmonstrates 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 hem no limitations on the types of uses allowed
It is c011iLluded. that the applicant has submitted Sufficient information to grant the
"nonconforming use" status for the existing recreational vehicles storage and
maintenance hritiness. This none arrr.rn.g stets will allow continued operation of
current uses on the subject proper and. allow for the normal repair and maintenance of
existing s icturees. Any expansion of the existing use veld require compliance with the
applicable provisions of the Spokane County Zoning Code. This d;etetmination will not
apply to any unrelated or general business use ofthe site, and does not allow the existing
use to be expanded upon to include the commercial sales of recreational vehicles,
ADMINISTRATIVE DET RM NATION
BASED UPON the above -.noted Su.nnrary of Facts and Conclusions, Nonconforming Status
Determination NCU-1-99 is hereby APPROVED.
DATED TRI 8`1' DAY OF NOVEMBER, 1999.
TAMMY JOi
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 tile an appeal, you roust submit the
appropriate: Appeal Application together with the require Fee, payable to the Spokane County
Divi sion of Building and Planning, within fourteen (14) calendar days fromthe date this decision
is signed, Upon receipt of a complete appeal application, a public hearing will be scheduled.
Iryeu have any questions, please call the Division of Building and Planning 'Department at 477-
3675.
e:: LaRue Barlow, ar.
Adjacent Property &Paws