1991, 07-28 Conditional Use Permit, Home BusinessZONING ADJUSTOR
SPOKANE COUNTY, WASHINGTON
IN THE MATTER OF FOR A CONDITIONAL )
USE PERMIT FOR A HOME INDUSTRY ) FINDINGS OF FACT,
USE OF AN UPHOLSTERY BUSINESS ) CONCLUSIONS,
CUE-7-91 JUD AND ANASTASIA LEIFHEIT) AND DECISION
COMPANION FILES: NONE ` )
ADDRESS: 304 N. UNIVERSITY
PARCEL NUMBER: 45163.0435
APPLICATION DESCRIPTION: The applicant proposes to authorize an existing
upholstery business and to expand the existing accessory building (containing the business)
from 420 square feet to 1364 square feet. Section 14.616.240.4 of the Zoning Code for
Spokane County requires issuance of a conditional use permit. Section 14.300.100. defines
Home Industry. Authority to consider such a request exists pursuant to section 14.404.101 the
Zoning Code for Spokane County and Spokane County Board of County Commissioners
resolution No. 89 0708, as may be amended.
PROJECT LOCATION: Located in east Spokane County, east of and adjacent to
University Road and approximately 240 feet south of Valley Way in the SW 1/4 of Section 16,
Township 25N, Range 44 EWM. 304 N. University.
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 June 12, 1991, the Zoning Adjustor rendered a written decision on 3uw , 1991
to APPROVE the application.
FINDINGS OF FACT AND CONCLUSIONS
1. The proposal is described above and detailed in documents contained in the file.
2. 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.
3. The site is zoned Urban Residential-3.5, which allows the proposed use upon
approval of this application.
4. The existing land uses in the area of the proposal include some businesses to the
north, but mostly single family residences, including residential condominiums and UR-12
zoning immediately across University Road. Typically, uses listed as a conditional use are
assumed as permitted in the underlying zone, subject to the listed conditions and any other
conditions need to assure compatibility in the 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
conditions to achieve compatibility, some of which the Hearing Body may exercise nominal
discretion to achieve the overall intent of compatibility with surrounding properties. Clearly,
CASE NO. CUE-7-91 SPOKANE COUNTY ZONING ADJUSTOR PAGE 2
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,
substantial efforts are being taken to retain the similar clinker brick appearance of the residence.
Existing shrubbery will provide substantial screening to the east. The addition to the existing
garage will be lower than the garage. The family RV will be stored within the building
addition. Adequate off street parking exists on site.
5. The proposal is exempt from the provisions of the Washington State Environmental
Policy Act, Chapter 43.21C RCW pursuant to WAC 197-11-800 (1) (c) and the Spokane
Environmental Ordinance 11.10.070 (1) (c).
6. The applicant has been made aware of the recommendations of various County
agencies reviewing this project . The Division of Engineering and Roads requests dedication
of 14 feet of the applicant's property on the east side of University Road. The half right of
way at this site is only 20 feet wide (east 1/2 of University Road.) As a Principle Arterial, an
ultimate right of way width of 100 feet wide is needed and an additional 16 feet of future
acquisition area is to be reserved, but not acquired. A Title Notice to this effect is to be filed.
7. The proper legal requirements for advertising of the hearing before the Zoning
Adjustor of Spokane County have been met.
8. No adverse testimony or written comments were received regarding the proposal.
9. The proposed site plan indicates that setbacks, parking and height of the structure(s)
will conform to the Zoning Code of Spokane County.
10. 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.
11. 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.
12. The applicant and Zoning Adjustor reviewed each standard of section
14.616.240.4. and the proposal, including the existing unlighted sign, achieves these
standards. Parking in the existing, long driveway is adequate.
13. The area to the north of the existing and proposed shop should be graveled over
plastic in order to eliminate weeds as a fire hazard area.
14. The proposal is listed in the Zoning Code of Spokane County as a conditional use
allowed in the Urban Residential-3.5 (UR-3.5) zone, and the proposal does meet the
established and applicable criteria described for that conditional use.
15. The proposal will not be detrimental to surrounding properties.
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CASE NO. CUE-7-91 SPOKANE COUNTY ZONING ADJUSTOR PAGE 3
DECISION
From the foregoing Findings 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. This parcel shall not be further subdivided unless consistent with RCW 58.17,
the various county subdivision regulations and the Spokane County Comprehensive Plan for
the area.
2. The proposal shall comply with all applicable standards of sections 14.300.100.
(Home Industry) and 14.616.240.4. of the Zoning Code of Spokane County unless
deviations, variances or exceptions have been lawfully granted.
3. This permit is granted in perpetuity, consistent with continued long term compliance
with the standards setforth in II.2.
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. Direct light from any exterior area lighting fixture shall not extend over the property
boundary.
6. The Spokane County Planning Department shall prepare and record with the
County Auditor a Tide Notice specifying a future land acquisition area for road right-of-way
and utilities. The reserved future acquisition area Title Notice shall only be released, in full or
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CASE NO. CUE-7-91 SPOKANE COUNTY ZONING ADJUSTOR PAGE 4
in part, by the Planning Department. The notice should be recorded within the same time frame
as an appeal and shall provide the following:
a. At least 16 feet of reserved future acquisition area for road right-of-way and
utilities, in addition to the existing and/or newly dedicated right-of-way along
University Road. NOTE: The County Engineer has required 14 feet of new
dedication.
b. Future building and other setbacks required by the Spokane County Zoning Code
shall be measured from the reserved future acquisition area.
c. No required landscaping, parking, '208' areas, drainfield or allowed signs should
be located within the future acquisition area for road right-of-way and utilities. If
any of the above improvements are made within this area, they shall be relocated
at the applicant's expense when roadway improvements are made.
d. The future acquisition area, until acquired, shall be private property and may be
used as allowed in the zone, except that any improvements (such as landscaping,
parking, surface drainage, drainfield, signs or others) shall be considered interim
uses.
III. DIVISION OF BUILDINGS
1. The issuance of a building permit by the Division of Buildings is required.
2. Requirements of Fire District No. 1 need to be satisfied during the building or
occupancy permit process.
3. The applicant shall contact the Department of Building and Safety at the earliest
possible stage of design/development in order to be informed of code requirements
administered/enforced by the department, e.g., State Building Code Act regulations, such as
requirements for fire hydrant/flow, fire apparatus access roads, street address assignment,
barrier -free regulations, energy code regulations and general coordination with other aspects of
project implementation.
IV. DIVISION OF UTILITIES
1. None needed.
V. SPOKANE COUNTY HEALTH DISTRICT
1. None needed.
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CASE NO. CUE-7-91 SPOKANE COUNTY ZONING ADJUSTOR PAGE 5
VI. DIVISION OF ENGINEERING AND ROADS
1. Dedication of 14 feet of additional right-of-way along University is required.
2. 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.
3. The applicant shall contact Fire District No. 1 to assure that fire district access
standards and the provisions of the Fire Code are being met.
4. Applicant shall sign and record Spokane County Notice to the Public No. 6 which
specifies the following:
The owner(s) or successor(s) in interest agree to authorize the County to place their name(s) on
a petition for the formation of a Road Improvement District (RID) by the petition method
pursuant to Chapter 36.88 RCW, which petition includes the owner(s) property, and further
not to object, by the signing of a ballot, the formation of a RID by the resolution method
pursuant to Chapter 36.88 RCW, which resolution includes the owner(s) property. If an RID
is formed by either the petition or resolution method, as provided for in Chapter 36.88 RCW,
the owner(s) or successor(s) further agree:
(a) that the improvement or construction contemplated within the proposed RID is
feasible;
(b) that 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) that the property within the proposed RID is sufficiently developed.
Provided further that 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 improvements galled for in conjunction with the formation of the RID by either petition or
resolution method under Chapter 36.88 RCW.
This requirement applies to University Road, from which the subject parcel takes access.
5. The County Arterial Road Plan identifies University Road as a Principal Arterial.
The existing right-of-way width of 40 feet is not consistent with that specified in the Plan. In
order to implement the Arterial Road Plan, in addition to the required right-of-way dedication, a
strip of property 16 feet in width along the University Road frontage shall be set aside in
reserve. This property may be acquired by Spokane County at the time when arterial
improvements are made to University Road.
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CASE NO. CUE-7-91 SPOKANE COUNTY ZONING ADJUSTOR PAGE 6
NOTICE- PENDING COMPLETION OF ALL CONDITIONS OF APPROVAL WHICH
NEED TO BE COMPLE I'I D PRIOR TO PERMIT ISSUANCE, PERMITS MAY BE
RELEASED PRIOR TO THE LAPSE OF THE 1'EN (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 ,_Icf
THOMA."G MOSHER, AICP
djustor
Spokan- Co ty, Washington
FILED:
1) Applicant (Certified/Return Receipt Mail)
2) Opponents of Record
3) Spokane County 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
NO 1E: 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, NORTH 721 JEFFERSON STREET, SPOKANE, WA 99260 (Section
14.412.042 of the Zoning Code for Spokane County).
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