1993, 01-12 Zone Reclassification Findings of Fact�. 141106o Oeo w,20j
NO. 93 0031
BEFORE THE BOARD OF COUNTY COMMISSIONERS
OF SPOKANE COUNTY, WASHINGTON
IN THE MA1'1'ER OF ZONE RECLASSIFICATION ) FINDINGS OF
FILE NO. ZE-36-92, URBAN RESIDENTIAL-3.5 (UR-3.5) ) FACT,AND
TO URBAN RESIDENTIAL-7 (UR-7) ) DECISION
SPONSOR: GORDON HURST
THIS MATTER, being the consideration by the Board of County Commissioners
of Spokane County, hereinafter referred to as the "Board", of an appeal of the Spokane
County Hearing Examiner Committee decision of September 28, 1992 denying Zone
Reclassification, File No. ZE-36-92, for the purpose of converting a single family
residence into a triplex at a site located along the south side of Broadway Avenue about 750
feet east of Evergreen Road, in the Spokane Valley, hereinafter referred to as the
"Proposal"; and the Board of County Commissioners having held a de novo public hearing
on October 27, 1992, and having fully considered all testimony presented thereat; and
further having individually visited or being familiar with the site and vicinity in question
and having rendered an oral decision on the loth day of November 1992 denying said
proposal with modifications, does hereby enter the following:
FINDINGS OF FACT
1. The proposal is generally located south of Broadway Avenue approximately 750
feet east of Evergreen Road in the northwest 1/4 of southwest 1/4 of Section 14,
Township 25 North, Range 44 East WM, Spokane County, Washington.
2. The proposal consists of a zone reclassification from Urban Residential-3.5 (UR-3.5)
to Urban Residential-7 (UR-7), to allow conversion of a single-family residence into a
triplex.
3. The Hearing Examiner Committee held a public hearing on September 28, 1992,
which was continued from the September 24, 1992 public hearing. Written
Findings of Fact, Conclusion and Decision dated September 30, 1992, were
prepared wherein the proposal was denied unanimously.
4. The applicant filed an appeal on September 29, 1992 and listed the following as a
basis for the appeal of the Hearing Examiner Committee decision. The proposal
conforms to the Urban Comprehensive Plan Goals and Objectives and also fills a
dire need for quality rentals in the Spokane area.
5. The provisions of RCW 43.21C (The State Environmental Policy Act) have been
complied with and a Determination of Nonsignificance was issued. The Board
concurs with the Determination of Nonsignificance.
6. The Board adopts the Planning Department Report and file of ZE-36-92, as part of
this record, as may be modified by this action.
7. The proposed density of 5.5 dwelling units on 25,500 square feet is not consistent
with the densities or character of surrounding land uses, which consist of single
family residences on all sides of the proposal.
8. The Board finds that the adopted Spokane County Generalized Comprehensive
Land Use Plan designates the area encompassed by the proposal as Urban. The
proposal, while consistent with the densities and many of the objectives
recommended by the Urban category of the Comprehensive Plan, does not appear
to accomplish objectives of the Urban category that approval of multi -family
housing in residential areas enhance the residential character, aesthetics, and values
BOCC FINDINGS
ZE-36-92 Page 2
of the area, nor does the proposal provide transition between single-family
residential uses and more intensive land uses.
9. The existing land uses in this area include single-family residences on urban sized
Lots and one duplex located to the west within 200 feet of the site.
10. The existing zoning of the property described in the application was Agriculture prior
to January 1, 1991, and redesignated to Urban Residential-3.5 (UR-3.5) in 1991
under the County's Program to Implement the Zoning Code. The applicant has not
demonstrated that conditions have substantially changed since the original zoning of
the property in 1991 to warrant the zone reclassification. All zoning adjacent to the
site and within the immediate vicinity is Urban Residential-3.5 (UR-3.5) zoning.
11. The proposal will not promote the public health, safety, and general welfare of the
area.
12. The legal requirements for public notice have been fulfilled.
13. The owners of adjacent single family properties expressed widespread opposition to
the proposal and the requested zone reclassification to allow a triplex on the
proposal site.
14. The Board additionally fords/concludes:
a. The existing lot is of adequate size to accommodate a duplex, which the
structure on the lot can be legally converted to under the existing zoning.
b. The Board notes that there is no presumption of validity in favor of zone
requests, and that the proposal fails to meet the guidelines set by the courts for
approving such requests.
DECISION
The Board does hereby DENY the zone reclassification request from Urban Residential-3.5
(UR-3.5) to Urban Residential-7 (T.JR-7).
BY THE ORDER OF THE BOARD THIS a DAY OF JANUARY, 1993.
BOARD OF COUNTY COMMISSIONERS
Pa.: . Mummey, Chairpers
BOCC FINDINGS /J,-36-92 Page 3
Vote of the Board of Spokane County Commissioners on a motion to Deny this request
was as follows:
Commissioner John McBride - Aye
Commissioner Patricia A. Mummey - Aye
Commissioner Steven Hasson - Aye
ATTEST:
B
E. DONAHUE
e Board
anne Montague, Deputy Clerk'
OIF1-1CIAL NOTICE FOR DATE AND PLACE FOR COMMENCING AN APPEAL
NOTE: Pursuant to WAC 197-11-680(5), notice is hereby given by the Board of
County Commissioners in conjunction with the approval of the above -
referenced matter that:
(1) That time limit for commencing an appeal of the approval of the above -
referenced matter, as provided by County ordinance, is thirty (30)
calendar days from the Board of County Commissioners execution of
the above Findings of Fact, Decision and Conditions.
(2) The time frame for appealing any SEPA issues with respect to the
approval of the above -referenced matter is thirty (30) days after the
execution of the above Findings of Fact, Decision and Conditions.
(3) The appeal of either the approval of the above -referenced matter or any
SEPA issues must be filed in the Spokane County Superior Court or a
court of competent jurisdiction as provided by law.