1986, 07-14 Findings, Decision for VarianceZONING ADJUSTO
SPOKANE COUNTY, WASHING
IN THE MATTER OF A VARIANCE TO RELIEVE )
THE FRONT YARD REQUIREMENT AS APPLIED TO )
A SIDE YARD SETBACK FOR A PLANNED UNIT )
DEVELOPMENT OFFICE PARK. (VE-61-86);
ROSAN INVESTMENTS )
FINDINGS, CONCLU
AND DECISION
SUMMARY OF APPLICATION:
For this planned unit development office park, a deviation is sought from the
required setback at the west property line to a setback of 10 feet. Sections
4.20.100 a and 4.07A.090 1. of the Spokane County Zoning Ordinance require a
25-foot setback from the (west) side property line. Authority to consider and
grant such a request exists pursuant to Sections 4.03.020 64 and 4.25.030 b of
the Spokane County Zoning Ordinance.
LOCATION:
The project is located north of and adjacent to Broadway Avenue, south of and
adjacent to the end of Robie Road and approximately 450 feet west of Pines
Road in the northeast quarter of Section 16, Township 25, Range 44. The
Assessor's Parcel Nos. are 16541-1167 and 1142.
DECISION OF THE ZONING ADJUSTOR:
Based upon the evidence presented and circumstances associated with the
project proposal, the Zoning Adjustor APPROVES the variance as stipulated and
set forth below.
PUBLIC HEARING:
After examining all available information on file with the application and
visiting the subject property and surrounding area, the Zoning Adjustor
conducted a public hearing on June 25, 1986, rendered a verbal decision on
June 25, 1986, and a written decision on July if- , 1986.
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FINDINGS OF FACT
1. The proposal is generally located 450 feet west of Pines Road on the
north side of Broadway Avenue and is further described as Assessors Parcel
Nos. 16541-1167 and 1142 being more completely described as Zoning Adjustor
File VE-61-86.
2. The proposal consists of an approved planned unit development
professional office park. This proposal is a companion proposal to a similar
development immediately to the east. The two projects will share a common
internal circulation system and parking spaces. The planned unit development
ordinance requires that the side and rear setbacks be the same as those
required in the underlying zone for the front yard, 25 feet in this instance.
The buildings have been set back to such an amount for the front, east side
and north side of the proposal. Technically speaking, the buildings are set
back 25 feet from the west property line also. However, the County Engineers
have requested that a future public right-of-way be established on the west
15 feet of this property for the purpose of extending Robie Road from the
north southward to Broadway Avenue. As such time as this dedication to the
public roadway system actually occurs, the buildings, as proposed to be built,
would then be located only 10 feet from the west side property line. Hence,
the request for deviation to 10 feet from the 25-foot standard. The
applicants also wish to be relieved of any responsibility to install
substantial landscaping in the westerly 15 feet and would like presently to
construct a 6-foot sight -obscuring fence at point 15 feet east of the current
FINDINGS, CONCLUSIONS AND DECISION FILE 2 VE-61-86 PAGE 2
west property line; i.e., on the future property line. The applicants
furthermore propose that they would maintain the 15-foot strip of future road
right-of-way under a "good neighbor" policy. In this respect this is
understood to mean that it would be kept free of debris, trash and noxious
weeds. Vegetation growing there would be kept trimmed and the maintainance
responsibility would be the perpetual responsibility of the owners, heirs and
assigns of the property which is subject to this variance until such time as
it passes into the public domain. Furthermore, it is not the intention of
this variance to do anything which would encouraged the applicants to create a
separate parcel of land 15 feet in width, thence to cease payments of taxes on
it and allow it to pass back into the public domain and into the care of
Spokane County. But the property may be donated or sold to the property owner
to the west as long as the maintenance condition and future public
right-of-way is assumed at the time of transfer.
3. The adopted Spokane County Future Land Use Plan designates the area
of the proposal as Urban, and the proposal is consistent with the County's
entire Comprehensive Plan, including the Future Land Use Plan.
4. The site is zoned Residential Office Planned Unit Development which
would allow the proposed use upon approval of this application.
5. The existing land uses in the area of the proposal include business,
schools, residences and offices, all of which are compatible with the proposal.
6. The County Engineers have stated that it is essential for good
traffic circulation in the area to have a Robie Road connection between
Cataldo Avenue and Broadway Avenue and that a future "Tract X" is needed to
make that connection.
6. The proposal is exempt from the provisions of Chapter 43.21C RCW
pursuant to WAC 197-11-800 b.
7. No one appeared to oppose the proposal nor were any written comments
adverse to the proposal received.
8. The proper legal requirements for advertising of the hearing before
the Zoning Adjustor of Spokane County have been met.
9. The Spokane Hearing Examiner Committee, in their Findings and Order
dated March 20, 1986, and in No. 8 of those findings, encouraged favorable
review of the applicants's future for variances from a planned unit
development standard requiring a 25-foot setback on the west property line.
10. Any conclusion hereinafter stated which may be deemed a finding
herein is hereby adopted as such.
From the Findings, the Zoning Adjustor comes to these:
CONCLUSIONS
1. The proposal is not detrimental to and is compatible with the public
health, safety and welfare.
2. The subject property is deprived of privileges commonly enjoyed by
other properties in the same vicinity and zone and the granting of the
variance will remedy the difference in privileges. The planned unit
development proposal immediately to the east was granted a similar variance to
the setback requirements on its east property line, although for a different
reason.
3. The granting of the variance is not a grant of special privileges
inconsistent with privileges enjoyed by other properties in the vicinity and
zone.
4. Because of special circumstances applicable to the subject property,
the requirement of the County Engineers that future right-of-way be
established on the west property line, the strict application of the standards
of the Spokane County Zoning Ordinance deprives the subject property of rights
and privileges of other properties in the area and under identical zones.
FINDINGS, CONCLUSIONS AND DECISION FILE 3 VE-61-86 PAGE 3
5. The granting of the variance is neither materially detrimental to the
public welfare nor injurious to property or improvements in the vicinity or
zone in which the subject property is located.
6. Various performance standards and criteria are additionally needed to
make the use compatible with other permitted activities in the same vicinity
and zone and to ensure against imposing excessive demands upon public
utilities and these shall be addressed as conditions of approval.
7. The proposal will not be detrimental to the Comprehensive Plan or the
surrounding properties.
8. The Zoning Adjustor may require such conditions of approval as
necessary and appropriate to make the project most compatible with the public
interest and general welfare.
9. A Robie Road connection between Cataldo Avenue and Broadway Avenue is
essential for good traffic circulation in the area. A "Tract X" easement is
the most effective way to accomplish this condition.
10. Any finding hereinbefore stated which may be deemed a conclusion
herein is adopted as such.
DECISION
From the foregoing Findings and Conclusions, the Zoning Adjustor
APPROVES the proposal. The following CONDITIONS OF APPROVAL ARE STIPULATED.
CONDITIONS OF APPROVAL
I. GENERAL
1. The following conditions shall apply to the applicant, owner and
successors in interest.
2. The Department of Building and Safety shall route the building permit
application to all of the agencies and offices of county government below
which are indicated as needing to give their authorization prior to the
release of a building permit. Upon reviewing the various plans returned to
the Department of Building and Safety by the other departments, the department
will consult with the Planning Department if there are any changes resulting
from review by the other departments when compared to the plans as approved by
the Planning Department. Such review may necessarily result in a revision of
the site plan for use by the Department of Building and Safety or possibly a
withholding of the building permit until any conflicts are resolved.
II. PLANNING DEPARTMENT
1. The Planning Department shall have the authority, in cooperation with
other departments as appropriate, to see to the enforcement of any conditions
of approval which are not a part of the finished project. The authority to do
so shall be under the auspices that lack of fulfillment of a condition of
approval constitutes a zoning violation and hence the enforcement authority of
the Zoning Ordinance may be applied.
2. Prior to release of building permits the applicant shall submit a
revised site plan for the westerly portion of the site which addresses the
location of fencing, the location and nature of shrubbery east of the fence
and the location and nature of the landscaping and irrigation west of the
fence in the 15-foot area which is future public right-of-way.
III. DEPARTMENT OF BUILDING & SAFETY
1. All buildings and structures require building permits as per Section
301 of the Uniform Building Code.
2. The Department of Building and Safety shall route the building permit
application to all of the agencies and offices of county government below
FINDINGS, CONCLUSIONS AND DECISION FILE 4 VE-61-86 PAGE 4
which are indicated as needing to give their authorization prior to the
release of a building permit. Upon reviewing the various plans returned to
the Department of Building and Safety by the other departments, the department
will consult with the Planning Department if there are any changes resulting
from review by the other departments when compared to the plans as approved by
the Planning Department. Such review may necessarily result in a revision of
the site plan for use by the Department of Building and Safety or possibly a
withholding of the building permit until any conflicts are resolved.
IV. UTILITIES DEPARTMENT
1. Any water service for this project shall be provided in accordance
with the Coordinated Water System Plan for Spokane County, as amended.
2. Connections shall be made to the North Pines ULID sewer line as soon
as it is available for connection.
V. HEALTH DISTRICT
1. A combined surface water and sewage disposal detail plan shall be
approved by the Spokane County Engineer and the Spokane County Health District
prior to the issuance of any building permits for this project.
2. Sewage disposal shall be as authorized by the Director of Utilities,
Spokane County.
3. The public sewer system will be made available to the project. Use
of individual on -site sewage disposal system shall not be authorized.
4. Water service shall be coordinated through the Director of Utilities,
Spokane County.
5. Water service shall be by an existing public water supply when
approved by the Regional Engineer (Spokane), State Department of Social and
Health Services.
6. Use of private wells and water systems is prohibited.
VI. ENGINEER'S OFFICE
1. A combined surface water and sewage disposal detail plan shall be
approved by the Spokane County Engineer and the Spokane County Health District
prior to the issuance of any building permits for this project.
2. Development shall occur consistent with the Engineers conditions as
set forth in the March 20, 1986, decision of the Hearing Examiner Committee in
case #PE-1524-86� and ZE-7-86. tt'r
DATED THIS "" DAY OF JULY, 1986.
FILED:
1)
2)
3)
4)
5)
6)
omas . Mos er,
Zoning Adjustor,
Washington
Applicant
Parties of Record
Spokane County Engineers Office
Spokane County Health District
Spokane County Utilities Dept.
Spokane County Dept. of Building & Safety
kane County
NOTE: ANY PARTY AGGRIEVED BY THIS DECISION MUST FILE AN APPEAL WITHIN TEN
(10) CALENDAR DAYS OF THIS DATE.
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