1987, 04-22 CUE-62-84 Consideration Suspension of Cond Use PermitZONING ADJUSTOR
SPOKANE COUNTY, WASHINGTON
IN THE MATTER OF CONSIDERATION OF SUSPENSION)
OR REVOCATION OF A CONDITIONAL USE PERMIT )
FOR BEAUTY SHOP. (CUE-62-84);)
RICHARD VIGIL
FINDINGS, CONCLUSIONS
AND DECISION
SUMMARY:
The owner/operator of the Hair Salon has not complied with the Conditions of
Approval of CUE-62-84, issued April 22, 1986. The County decided to hold a
hearing to consider suspending or revoking the permit under the authority of
Section 4.24.010 b. of the Spokane County Zoning Ordinance, wherein it states
that, "permits may be suspended or revoked after public hearing and a finding
by the Zoning Adjustor ... that a permitee has failed to comply with such
restrictions or conditions."
LOCATION:
Located at the northwest corner of Valleyway and University Roads in the SE
1/4 of Section 17, Township 25, Range 44. The parcel number is 17544-0911.
The property is addressed at N. 403 University Road in the Spokane Valley.
DECISION OF THE ZONING ADJUSTOR:
Based upon the testimony at the hearing, the Zoning Adjustor's knowledge of
the case, the efforts of legal counsel to secure guarantees of performance and
the noncompliance by the applicant with nearly all the Conditions of Approval,
the Zoning Adjustor revokes the Conditional Use Permit effective September 1,
1987. Alternatively, if the applicant, heir(s) or successor(s) in interest
can comply with all conditions of approval by the same date, the conditional
use permit is valid.
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 April 8, 1987, and rendered a written decision
on April 117, 1987.
FINDINGS OF FACT
1. The entire files CUE-62-84 and ZE-124-84 are introduced as a part of
this decision.
2. After an application was submitted by the applicant for a Conditional
Use Permit to operate a Beauty Shop in the Residential Office Zone, the Zoning
Adjustor granted the conditional use permit subject to the various conditions
contained in the written decision.
3. The written decision contained a time frame for completing the
various conditions of approval, which time frame was established to not exceed
180 days, with various time frames for portions of the project compliance
contained within that 180 days. The various conditions of approval addressed
such things as follows:
a. Dedication of right-of-ways and easements;
b. Relocation of septic tank and drainfield;
FINDINGS, CONCLUSIONS AND DECISION PAGE 2
CUE-62-84; Richard Vigil
c. Signing of various documents supplied by the County Engineer and the
Utilities Department;
d. Removal of existing drive through driveway;
e. Removal of existing garage and repair and rehabilitation of gate;
f. The construction/improvement of a parking lot area in the rear of the
building;
g. Compliance with the County Engineer's Stornnvater Drainage
Regulations; and
h. A schedule of activities attached to the decision as exhibit A.
3. It took the applicant approximately 125 days to complete the first
task which was to be completed within 30 days.
4. The 180 days expired, that time to complete or construct all the
improvements, on approximately October 22, 1986.
5. Periodically, the Zoning Adjustor would receive phone call inquiries
from a party in the neighborhood who was concerned about the carrying out of
the various conditions of approval to the extent that imprvements made would
improve the appearance of the property and hence his own property.
6. The property appears to have deteriorated on the exterior of the
building, as well as the grounds, in the opinion of the Zoning Adjustor.
7. The Building & Safety Department reported that they have had no
permit issued for a change in use as required pursuant to CUE-62-84 &
ZE-124-84.
8. Spokane County Engineer's Office reported that the applicant has not
complied of the conditions of approval set forth in file ZE-124-84.
Requirement for right-of-way dedication has not been met and the agreements
for participation in future road improvement districts or county road projects
have not been executed. The County Engineer further requests that if the
continuation of the use is allowed, they request the applicant be required to
comply with the requirements of the zone change.
9. The County Health District has no further comments other than to
impose all previous conditions of approval.
10. The applicant requested permission to maintain his present one (1)
chair Hair Salon through the end of the summer while he tried to sell or rent
the facility. The applicant testified that he had reduced the asking price of
the property from $89,000 to $79,000 as an indication of his effort to sell
the property. He further stated that he believed the property would remain in
better condition and not be subject to vandalism, if in fact, it were occupied
during the period of time that the efforts to sell or rent the property were
pursued. The applicant stated that at the end of the summer, if he had not
sold or rented the property, nor complied with the conditons of approval, he
would vacate the property. He pointed out that if he were not occupying the
property and it was vandalized or left to further deteriorate, it would be a
worse influence on the neighborhood than if he stayed in it and tried to
minimally maintain the property.
11. The applicant stated that his realtor advised him that the best
period of time during the year to sell or rent is the Spring and Summer months.
12. 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 applicant has not been able to carry out the terms of the
FINDINGS, CONCLUSIONS AND DECISION PAGE 3
CUE-62-84; Richard Vigil
conditions of approval to any degree.
2. The public interest would be better served if the building were
occupied with some regular use during the period of time in which efforts are
being made to sell or rent the structure rather than to sit vacant from here
on out.
2. The primary rental/sales season is upon us and will remain through
the summer.
3. The Zoning Ordinance clearly establishes the responsibility to revoke
a permit when a permitee has failed to comply with various conditions of
approval (Section 4.24.010 b.).
4. 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 REVOKES
the permit CUE-62-84, a conditional use permit for a Beauty Shop in the
Residential Office Zone, effective 12:00 noon pacific daylight savings time
September 1, 1987. Until this time, the owner is authorized to operate only a
single chair operation. After this time an inspection will be made by the
Zoning Enforcement Officer to ascertain whether or not the property has been
vacated as far as the use of a Beauty Salon or all conditions of CUE-62-84
have bee complied with. If the vacation has not occured, then the Zoning
Enforcement Officer will proceed with enforcement action. Alternatively, if
the applicant, prior to the time frame, can fully comply with all the
conditions of approval of CUE-62-84, the conditional use permit will remain
valid. Provided, however, complying with "all the conditions" shall actually
mean construction of required improvements or completion of conditions as
opposed to "bonding" or providing security to guarantee their competion.
AO
DATED THIS 2j, DAY OF APRIL, 1987.
Thomas G. Moshe , AICP
Zoning Adjustors Spokane County
Washington
FILED:
1) Applicant
2) Parties of Record
3) Spokane County Engineering Department
4) Spokane County Health District
5) Spokane County Utilities Dept.
6) Spokane County Dept. of Building & Safety
7) Planning Dept. Cross Reference File and/or Electronic File.
8) James Emacio, Prosecuting Attorney's Office
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 A $100.00 FEE. APPEALS MAY BE FILED AT THE SPOKANE COUNTY
PLANNING DEPARTMENT, BROADWAY CENTRE BUILDING, N. 721 JEFFERSON ST., SPOKANE,
WA 99260. (Sections 4.25.090 and 4.25.100 of the Spokane County Zoning
Ordinance).
0002z/4-87