Loading...
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.