1992, 09-30 Hearing Examiner Zone Reclassification DenialC . 14IO(o $eoAbL
SPOKANE COUNTY
HEARING EXAMINER COMMITTEE
FINDINGS OF FACT. CONCLUSIONS AND ORDER
INTRODUCTION
This matter, being continued from the September 24, 1992 hearing, has come before
the Hearing Examiner Committee on September 28, 1992. The members of the
Committee present are Harry Gibbons, Chairperson, Frank Yuse and Lunell Haught.
PROPOSAL
The sponsor, Gordon Hurst, requests approval of a Zone Reclassification, 36-92,
from Urban Residential-3.5 (UR-3.5) to Urban Residential-7 (UR-7) within the
Aquifer Sensitive Area Overlay Zone.
FINDINGS OF FACT AND CONCLUSIONS
1. The property is generally located south of Broadway Avenue approximately 750 feet
east of Evergreen Road in the northwest 1/4 of the southwest 1/4 of Section 14,
Township 25 N., 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 residential on urban sized lots.
4. The Comprehensive Plan designates this site as Urban. The Urban category is for the
purpose of a "city -like" environment, including residential densities of 1 unit per acre
to 18 units per acre, or 5.5 units per acre for this proposal.
5. The Arterial Road Plan designates Broadway Avenue as an arterial, with a
recommended right of way width of 100 feet. To implement the Plan, the County
Engineer has requested dedication of 6.5 feet and a 16 foot future acquisition area.
6. The existing zoning of the property described in the application is Urban Residential-
3.5 (UR-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 disapproval of the proposed use due to
incompatibility with surrounding single family uses, traffic safety and inadequate
plumbing.
10. The proposed zone reclassification is not compatible with existing uses in the area.
11. While the proposed zoning does implement and conform to the Comprehensive Plan,
it is not consistent with surrounding uses.
HEC Order for ZE-36-92 Page 2
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.
13. The proposed use will be detrimental to the public health, safety, morals or welfare.
14. The Committee additionally fmds/concludes:
a. The existing lot is of adequate size (25,000 square feet) to allow a duplex and
this single family home could be converted into a duplex. Multi family uses are
inappropriate for this neighborhood due to the existing singe family
development surrounding the site.
HEC Order for ZE-36-92 Page 3
ORDER
The Hearing Examiner Committee, pursuant to the above Findings of Fact and
Conclusion, DENIES the application of Gordon Hurst for the Zone Reclassification
as described in the application LE-36-92.
Motion by: Frank Yuse Seconded by: Lunell Haught
Vote: (3-0) UNANIMOUS TO DENY THE ZONE RECLASSIFICATION FROM
URBAN RESIDENTIAL-3.5 (ITR-3.5) TO URBAN RESIDENTIAL-7
(UR-7)
HEARING EXAMINER COMMITTEE
HEREBY Al ZEST TO THE ABOVE FINDINGS, ORDER, AND VOI'E
Al LEST:
For WALLIS D. HUBBARD
Planning Director
By PAUL F. JENSEN
Senior Planner
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 a $120 processing fee payable to the
Spokane County Treasurer.
If you have any questions, please call the Planning Department at 456-2205.