1994, 06-17 Conditional Use Permit, Beauty SaloncA
ZONING ADJUSTOR
SPOKANE COUNTY, WASHINGTON
IN THE MATTER OF A CONDITIONAL ) FINDINGS OF FACT,
USE PERMIT FOR A HOME INDUSTRY ) CONCLUSIONS,
OF A BEAUTY SALON ) AND DECISION
APPLICANT: Linda D. Hoover -Bailey
FILE: CUE-9-94
COMPANION FILE(S): CE-94-94
APPLICATION DESCRIPTION: The applicant proposes to construct an 11 foot by 24
foot beauty salon within an existing 24 foot by 30 foot building. An existing residence and
garage also are on the site. Section 14.616.240.4 of the Zoning Code of Spokane County
allows this use upon issuance of a conditional use permit.
Authority to consider such a request exists pursuant to section 14.404.100 of the Zoning Code
of Spokane County and Spokane County Board of County Commissioners resolution No. 89
0708, as may be amended.
PROJECT LOCATION: Generally located 800 feet north of Sprague Aveue and 1,200 feet
west of Pines Road, on the northeast corner of Union Road and Main Avenue, in the SE 1/4 of
Section 16, Township 25N, Range 44EWM; 11901 E. Main. Parcel No.: 45164.0331
OPPONENTS OF RECORD: NONE
PUBLIC HEARING AND DECISION: After consideration of all available information
on file, exhibits submitted and testimony received during the course of the public hearing held
on May 25, 1994, the Zoning Adjustor rendered a written decision on June /7o, 1994 to
APPROVE the application.
FINDINGS OF FACT AND CONCLUSIONS
1. Testimony was taken under oath.
2. The proposal is described above and detailed in documents contained in the file;
more particularly, the site plan dimensions with respect to the property lines and the existing
accessory building were inaccurate. Correct measurements were submitted prior to the hearing
and are reflected in red on file site plans.
3. The adopted Spokane County Comprehensive Plan designates the area of the
proposal as Urban. The proposal is generally consistent with the Urban category of the
Comprehensive Plan and complies with RCW 36.70.450. The concept of non-polluting,
non-intervention "cottage" industries and home professions is addressed favorably.
4. The site is zoned General Agriculture (GA), which allows the proposed use upon
approval of this application.
5. The existing land uses in the area of the proposal are mostly small lot residential.
Typically, uses listed as a conditional use are assumed as permitted in the underlying zone,
subject to the listed standards and any other conditions needed to assure compatibility in the
CASE NO. CUE-9-94 SPOKANE COUNTY ZONING ADJUSTOR PAGE 2
given instance. But, pursuant to 14.404.101, the requested conditional use permit may be
denied if the Hearing Body cannot find that the requested use will be compatible with other
permitted uses. Section 14.616.240.4 lists certain standards to achieve compatibility, some of
which the Hearing Body may exercise nominal discretion over in order to achieve the overall
intent of compatibility with surrounding properties. Clearly, 14.404.102 allows the Hearing
Body to impose any and all manner of additional conditions and requirements in an effort to
achieve maximum compatibility. In the instant situation, parking on the property and out of the
Right -of -Way needs to be erected on the Union Street side of the property.
6. The following is true with regard to the proposal:
a. The existing building to be partially converted to a beauty salon has long existed
at the site. Such buildings are not uncommon throughout the area.
b. The residential appearance and character of the area is not altered by the
proposal.
7. Pursuant to the State Environmental Policy Act, the environmental checklist and
other data have been reviewed and the project has been found to not have any probable
significant adverse impacts to the physical environment. A Determination of Nonsignificance
(DNS) was issued on May 4, 1994 and sent to 3 agencies. The agencies reviewing the
checklist neither indicated that a more detailed environmental review should be provided nor
commented that the DNS should be reconsidered. Comments regarding the environmental
matters were not made at the public hearing. There was not sufficient evidence presented
pursuant to WAC 197-11-340(3)(a) to withdraw the DNS.
8. The proposal is listed in the Zoning Code of Spokane County as a conditional use
allowed in the GA zone, and the proposal does meet the established and applicable criteria
described for that conditional use.
9. The property is served by municipal sewer.
10. No adverse testimony or written comments were received regarding the proposal.
11. The proposed site plan indicates that setbacks, parking and height of the structure(s)
will conform to the Zoning Code of Spokane County. For parking, it may be necessary to alter
the ground cover, fencing and turf area to accommodate the parking.
12. The applicant has been made aware of the recommendations of various County
agencies reviewing this project and has indicated those recommendations are acceptable.
13. The proper legal requirements for advertising the hearing before the Zoning
Adjustor of Spokane County have been met.
14. 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.
15. 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
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CASE NO. CUE-9-94 SPOKANE COUNTY ZONING ADJUSTOR PAGE 3
imposing excessive demands upon public utilities, and these shall be addressed as conditions
of approval.
16. The proposal will not be detrimental to surrounding properties.
17. The proposal does not impose excessive demands on public utilities.
18. The proposal, as conditioned, is compatible with uses permitted outright in the
zone.
DECISION
From the foregoing Findings of Fact and Conclusions, the Zoning Adjustor
APPROVES the proposal, subject to compliance with the following
CONDITIONS OF APPROVAL
I. GENERAL
1. The following conditions shall apply to the applicant, owner and successors in
interest and shall run with the land.
2. Failure to comply with any of the conditions of approval contained in this decision,
except as may be relieved by the Zoning Adjustor, shall constitute a violation of the Zoning
Code for Spokane County and be subject to such enforcement as is appropriate.
3. The Zoning Adjustor may administratively make minor adjustments to site plans or
the conditions of approval as may be judged by the Zoning Adjustor to be within the context of
the original decision.
II. PLANNING DEPARTMENT
1. The proposal shall comply with all applicable standards of section 14.616.240.4 of
the Zoning Code of Spokane County unless deviations, variances or exceptions have been
lawfully granted.
This permit expires on July 1, 1995 unless renewed under the following terms:
a. Approximately 30-45 days prior to expiration of this permit, the applicant may
apply for an extension of the permit or perpetual status.
b. Such fees as required at the time shall be collected by the Department at
renewal.
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CASE NO. CUE-9-94 SPOKANE COUNTY ZONING ADJUSTOR PAGE 4
c. A search of the records of complaints will be undertaken to see if complaints
and/or violation of the standards or conditions exist.
3. If the Planning Department believes there are extenuating circumstances associated
with the renewal of the permit, it may cause there to be a public hearing and reconsideration of
the pemut; the notification expense shall be that of the county if such reconsideration takes
place.
4. The applicant shall develop subject property generally in accordance within the
concept presented to the Hearing Body. Variations, when approved by the Planning
Director/designee, may be permitted, including, but not limited to building location, landscape
plans and general allowable uses of the permitted zone. All variations must conform to
regulations set forth in the Zoning Code for Spokane County, and the original intent of the
development plans shall be maintained.
5. The Planning Department shall prepare and record with the Spokane County
Auditor a Title Notice noting that the property in question is subject to a variety of special
conditions imposed as a result of approval of a land use action. This Title Notice shall serve as
public notice of the conditions of approval affecting the property in question. The Title Notice
should be recorded within the same time frame as allowed for an appeal and shall only be
released, in full or in part, by the Planning Department. The Title Notice shall generally
provide as follows:
The parcel of property legally described as is
the subject of a land use action by a Spokane County Hearing Body or
Administrative Official on , imposing a variety of special
development conditions. File No. is available for inspection
and copying in the Spokane County Planning Department.
HI. DEPARTMENT OF BUILDINGS
1. The 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 as
authorized by the State Building Code Act. Design/development concerns include: FIRE
APPARATUS ACCESS ROADS; FIRE HYDRANT/FLOW; APPROVED WATER
SYSTEMS; BUILDING ACCESSIBILITY; CONSTRUCTION TYPE; OCCUPANCY
CLASSIFICATION; EXITING; EXTERIOR WALL PROTECTION; AND ENERGY CODE
REGULATIONS.
IV. DIVISION OF UTILITIES
1. Any water service for this project shall be provided in accordance with the
Coordinated Water System Plan for Spokane County, as amended.
2. Applicant will make connection to Public Sewer System. Sewer Connection Permit
is required. NOTE: Possible additional general facilities charges may be involved.
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CASE NO. CUE-9-94 SPOKANE COUNTY ZONING ADJUSTOR PAGE 5
V. SPOKANE COUNTY HEALTH DISTRICT
1. Sewage disposal method shall be as authorized by the Director of Utilities, Spokane
County.
2. Water service shall be coordinated through the Director of Utilities, Spokane
County.
3. Water service shall be by an existing public water supply when approved by the
Regional Engineer (Spokane), State Department of Health.
4. A public sewer system will be made available for the project and individual service
will be provided to each lot prior to sale. Use of individual on -site sewage disposal systems
shall not be authorized.
5. Use of private wells and water systems is prohibited.
VI. DIVISION OF ENGINEERING AND ROADS
1. Dedication of 5 feet of additional right-of-way along Union Street is required.
2. The applicant shall submit for approval by the Spokane County Engineer and the
Spokane County Health District a detailed combined on -site sewage system plan and surface
water disposal plan for the entire project, or portion thereof, if the development is to be phased.
3. A parking plan and traffic circulation plan shall be submitted and approved by the
Spokane County Engineer. The design, location and arrangement of parking stalls shall be in
accordance with standard traffic engineering practices. Paving or surfacing as approved by the
County Engineer, will be required for any portion of the project which is to be occupied or
traveled by vehicles.
4. Roadway standards, typical roadway sections and drainage plan requirements are
found in Spokane Board of County Commissioners Resolution No. 80-1592 as amended and
are applicable to this proposal.
5. The applicant shall sign "Spokane County Notice to the Public No. 6 which
specifies the following:
(a) The improvement or construction contemplated within the proposed RID is
feasible;
(b) The benefits to be derived from the formation of the RID by the property
included therein, together with the amount of any County participation, exceeds
the cost and expense of formation of the RID; and
(c) The property within the proposed RID is sufficiently developed. Provided,
further, the owner(s) or successor(s) shall retain the right, as authorized under
RCW 36.88.090, to object to any assessment on the property as a result of the
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CASE NO. CUE-9-94 SPOKANE COUNTY ZONING ADJUSTOR PAGE 6
improvements called for in conjunction with the formation of the RID by either
petition or resolution method under Chapter 36.88 RCW.
This provision is applicable to Union Street, from which the subject parcel takes access.
6. An approach permit shall be obtained from the Division of Engineering and Roads
prior to the construction of any new driveway approaches. This shall be done prior to the
release of a building permit, change of use permit or certificate of occupancy.
7. Off-street parking shall be situated so that no vehicle shall overhand into the Union
Street Right -of -Way.
NOTICE: PENDING COMPLETION OF ALL CONDTTIONS OF APPROVAL WHICH
NEED TO BE COMPLETED PRIOR TO PERMIT ISSUANCE, PERMITS MAY BE
RELEASED PRIOR TO THE LAPSE OF THE TEN (10)-DAY APPEAL PERIOD.
HOWEVER, THE COUNTY HAS NO LIABILITY FOR EXPENSES AND
INCONVENIENCE INCURRED BY THE APPLICANT IF THE PROJECT APPROVAL IS
OVERTURNED OR ALTERED UPON APPEAL.
DATED this // day of June, 1994.
a
'°'iti P MOSHE • , AICP
Adjustor
Spo . e Co ty, Washington
FILED:
1) Applicant (Certified/Retum Receipt Mail)
2) Opponents of Record
3) Spokane Division of Engineering and Roads
4) Spokane County Health District
5) Spokane County Division of Utilities
6) Spokane County Division of Buildings
7) Spokane County Fire Protection District No. 1
8) Planning Department Cross-reference File and/or Electronic File
NOTE: ONLY THE APPLICANT OR AN OPPONENT OF RECORD MAY FILE AN
APPEAL WITHIN TEN (10) CALENDAR DAYS OF THE ABOVE DATE OF SIGNING.
APPEAL MUST BE ACCOMPANIED BY $210.00 FEE. APPEALS MAY BE FILED AT
THE SPOKANE COUNTY PLANNING DEPARTMENT, PUBLIC WORKS BUILDING,
1026 W. BROADWAY AVENUE, SPOKANE, WA 99260 (Section 14.412.042 of the
Zoning Code for Spokane County).
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