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1991, 03-21 Zone Reclassification-DenialSPOKANE COUNTY HEARING EXAMINER COMMITTEE FINDINGS OF FACT, CONCLUSIONS AND ORDER INTRODUCTION This matter has come before the Hearing Examiner Committee on April 18, 1991. The members of the Committee present are Jane Myers, Chairperson, Frank Yuse and Phil Harris. PROPOSAL The sponsor, Marvin W. Seal, requests approval of a Zone Reclassification, File No. Zb-8-91, Urban Residential-3.5 (UR-3.5) to Urban Residential-12 (UR-12). FINDINGS OF FACT AND CONCLUSIONS 1. The property is generally located at the southeast corner of Broadway Avenue and Bessie Road in the SE 1/4 of Section 18, Township 25 North, Range 44 EWM, Spokane County, Washington. 2. The committee adopts the Planning Department Report as a part of this record. 3. The existing land use in the area is single family dwellings. 4. The Comprehensive Plan designates this site as Urban. The Urban category is for the purpose of residential development. Non-residential uses within the Urban Category are encouraged along arterials and in areas with urban services. 5. The Arterial Road Plan designates Broadway Avenue as a Principal Arterial, with a recommended right of way width of 100 feet. 6. The existing zoning of the property described in the application is Urban Residential-3.5, previously established in 1991. 7. The provisions of RCW 43.21C (The State Environmental Policy Act) have been complied with and a Determination of Nonsignificance was issued. 8. The legal requirements for public notice have been fulfilled. 9. The owners of adjacent lands expressed both approval and disapproval of the proposed use and both the proponents and opponents submitted petitions for the record from area residents to support their opinions on the proposed zone reclassification. 10. The proposed use is not compatible with existing uses in the area. 11. The proposed zoning does not implement and conform to the Comprehensive Plan. 12. The applicant has not demonstrated that conditions have substantially changed since the original zoning of this area and accordingly, the proposed zone reclassification is not justified. HEC Order for ZE-8-91 Page 2 13. The proposed use may be detrimental to the public health, safety, or welfare. 14. The Committee additionally finds/concludes: That the proposed zone reclassification is not compatible with current land use and zoning trends in the area. HEC Order for ZE-8-91 Page 3 ORDER The Hearing Examiner Committee, pursuant to the above Findings of Fact and Conclusion, DENIES without prejudice, the application of Marvin W. Seal for the Zone Reclassification as described in the application 7F-8-91. Motion by: Frank Yuse Seconded by: Phil Harris Vote: (3-0) UNANIMOUS TO DENY WITHOUT PREJUDICE THE URBAN RESIDENTIAL-12 (UR-12) ZONE RECLASSIFICATION HEARING EXAMINER COMMITTEE HEREBY A'1ThST TO THE ABOVE FINDINGS, ORDER, AND VOTE A'1"1'hST: For WALLIS D. HUBBARD Planning Director UL F. JE Current Planning A nistrator Date Pursuant to County regulations, any aggrieved party has the right to appeal this written decision to the Spokane County Board of County Commissioners within ten (10) calendar days of the signing of this order. Upon receipt of an appeal, a public hearing will be scheduled. If you desire to file such an appeal, you must submit a written appeal, preferably on forms designed for such purpose, to the Board of County Commissioners, W. 1116 Broadway, Spokane, WA 99260, along with $100 processing fee payable to the Spokane County Treasurer. If you have any questions, please call the Planning Department at 456-2205. a i F'' s '—lc- r • ti a., may._,_ • :� ;�'.dlttsr.• ., DEPARTMENT OF BUILDINGS JAMES L. MANSON, C.B.O., DIRECTOR TO: JOHM PEDE2bok) • A DIVISION OF THE PUBLIC WORKS DEPARTMENT DENNIS M. SCOTT, P.E., DIRECTOR , Planning Department FROM: Tom Davis, Code Compliance Coordinator DATE: 21 , 1991 RE: File Number: 2E '8 ^ct I Address: - €& 44 Hof ) w Our comments regarding the above are reflected in the marked box(es) below: F---"Tehe 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 by the department; e.g., State Building Code Act regulations such as requirements for fire hydrant/flow, fire apparatus access roads, street address assignment, barrier -free regulations, energy code regulations, and general coordination with other aspects of project implementation. n n The issuance of a building permit by the Department of Buildings is required. Requirements of Fire District No. need to be satisfied during the building permit process. The applicant is advised that the private road shall be named and signed in accordance with the provisions of Spokane County Road Standards. This condition may be waived in the event that the Department of Buildings determines addressing on the private road is not acceptable. However, at such time the Department of Buildings feels the need for the road to become a private, named road, the applicant/owner shall participate and cooperate in this process. UThe required fire flow for any building or subdivision is determined by building size. type of construction and proximity of exposures. Based on information presented to this office regarding this subdivision, the minimum fire flow established by code of 500 gallons per minute for 30 minutes is being required. Hydrant distribution will be as follows: Residential Development(s). Fire hydrants shall be located at roadway intersections wherever possible and the maximum average distance between them shall be no furhter than 900 feet and these hydrants shall be placed so no portion of the structures are in excess of 450 feet from a hydrant. We have no requirements for this proposal - existing conditions. nNo additional comments. Specific comments are as follows: CODE ENFORCEMENT DIVISION WEST 1303 BROADWAY • SPOKANE, WASHINGTON 99260-0550 • (509) 456-3675 FAX (509) 456-4703 SPOKANE COUNTY PLANNING DEPARTMENT APPLICATION FOR ZONE RECLASSIFICATION Date: "1 I t q I Application No: Name of applicant: rn_ ^OA ' .S�`IA Street address of applicant: 0 - '. '4 0 �• . a j, City: S � State: ` • Zip Code: • �N,P1' Phone: Name of property owner(s): Authorized agent representiu owner (i-Re ' /e- / Al Existing zoning classification: itt4-,-- ArvvrAlorta (- U R 3--- ) (if other than owner): Date existing zone classification est..lished: .Q.L!�rs�- j, v Existing use of property: C%Ft'�-� \ ' � ` Proposed zone classification\ )k - [2- Proposed use of property: � C 5iL)0 e-Cor he;S a7G -37a/ Cr24/- 585-y Legal cjescription of property: -ale cettt tfa let oA-SktrtIc Sectio�i: 1 p -' Townshi - . D S Range: `7 " i Source of legal: L p . t\ SS �/2._ Assessor's Parcel No. (see tax statement): g51f34. J L(Lf — Property size: t �(1�' frontage: Feet on: r� ` icy Total amount of adjoining -land controlled b this owner or sponsor: t Street address of property: eSm y, {y \ If you do not hold title to the property affected by . •thiapplication, what is your interest in it? Please list previous PIanning Department actions involving this property: `J/ see. C° V - 19S-10. ALL OF THE FOLLOWING QUESTIONS MUST BE ANSWERED: 1. What are the changed conditions they site area which you feel make this proposal is warranted? 2. What effect w 11 the prftioosed zone reclassificati n have opt the ad'.ac tit properties? t f-0 c-t- i b G " a j—t2 ttk c) Ls t� S e CJi' 2~lb�J 4QG 71A- Q-- s t . ) z ) S. This section of the application will provide the Planning Department's staff with written verification that the applicant has had preliminary consultation with the agencies identified. Results of the preliminary consultation should be incorporated in the proposal before final submittal to the Planning Department. requir APPLICATION FOR ZONE RECLASSIFICATION PAGE 2 COUNTY ENGINEER'S OFFICE A . limina onsultation has been held to discuss the proposal. submittal of this proposal for rezone have been (Signa\ture) COI INTY t ITJI.ITIF,S OFFICE 2- 9/q/ (D) Our satisfied. A preliminary consultation has been held to discuss the proposal. Our requirements for submittal of this proposal for rezone have beep satisfied. Tie desigt zted water purveyor for this site is / L /9 -5/ \ (Signature) (Date) 3. WATER PURVEYOR a) The proposal (is)(is not) located within the boundary of our service area. b) Satisfactory arrangements (have)(have not) been made to serve this proposal. c) We (are)(are not) able to serve this site with adequate water. (Signature) (Date) BUILDING AND SAFETY DEPARTMENT A preliminary consultation has been held to requirements for submittal of this proposal This proposal is located in Fire District No. nature) ''''COUNTY HEALTH DISTRICT discuss the proposal. Our for rezone have been satisfied. (Date) A preliminary consultation has been held to discuss the proposal. /C Z �.o applicpnt has been ,jgiormed of our requirements and standards. (Signature) The (Date) I, THE UNDERSIGNED, SWEAR UNDER PENALTY OF PERJURY THAT THE ABOVE RESPONSES ARE MADE TRUTHFULLY AND TO THE BEST OF MY KNOWI FDGE. I FURTHER SWEAR THAT j AM THE OWNER OF RECORD OF THE SITE PROPOSED FOR ZONE RECLASSIFICATION, OR IF NOT THE OWNER, ATTACHED HEREWITH IS WRI i 1hN PERMISSION FRO SAID OWNER AUTHORIZING MY ACTIONS ON HIS OR HER BEHALF. (Signed): (V--L�7Date: �) q l 9 / (Address): ('J/o� jG0 Phone: a'2b GS �-(- (0)q S?o� ��vJ Zip: e(�Dvu NOTARY: oy" Date: j NOusw.r.AL: .r. t . �. /s ,11 #,%..wnsh, •.ph -ct'ot OF APPLICANT OR AGENT Date: a s85 33 Ro 4 0 &34 i / a,/ 77 c- PogcM l02'Xlz' Roust Jo'"X soil," COVERED PoecN GARAGE 191.3"X It'? woRk s Nap /a'v"x 4'y" S. TE E. s o 1 L3Ro sC W - .EXLsT/NCZO/UJ4/& S FILE No CU-196--90 N P/..A/V - 12H' x /Go' - Ys" ScALE ALL BuulD/N6S-S/OocoN.4RE gKi,cr14.16 .No,5841L R�mAi& /110 d'RoPOSED Au,Ln/N4-5 b/A nF B.COG cnvelt/oa • Sf % 5Essi5 a5" &iOff CIlciror%Y m.i9P S'e e 134 6 o 1 .4'3 o(J N . T /9-r.... - _ 1 . F. ..v @ (-i. , r ' ..i,?;c(g) ; -Th —77-71 e.'.1) ----i r.",- _I k 1- 1 c le la.,81.- qr. 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