1985, 10-16 Auto Repair - No Violation LtrSpokane County
Department of Building & Safety
JAMES L. MANSON, DIRECTOR
October 16, 1985
Mr. Scott R. Smith
Attorney at Law
East 12019 Sprague Avenue
Spokane, Washington 99206
RE: Your Client - Mr. Lloyd Severance
Auto Repair at East 13209 6th Avenue
Dear Mr. Smith:
In response to your letter dated October 2, 1985 with regards to the
above -mentioned matter, please be advised that as of October 10, 1985
there is no violation of the Spokane County Zoning Ordinance.
As a result of my September 6, 1985 letter to Mr. Lyle Bartle, several
vehicles being stored on his property have been removed.
On September 12, 195, Mr. Bartle obtained a building permit to
enclose his carport. Since his property is zoned Agricultural, he
may be permitted to operate a home occupation in accordance with the
criteria enumerated in Section 4.03.020(27) (copy enclosed).
Should you have any questions, please feel free to call me at 456-
3675.
Sincerely yours,
DEPARTMENT OF BUILDING AND SAFETY
C
Thomas L. Davis
Code Compliance Coordinator
TLD:PJK
Enclosure
NORTH 811 JEFFERSON SPOKANE, WASHINGTON 9926000050 • TELEPHONE (509) 456-3675
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"Home occupation" means an occupation, profession or craft, carried on
within a residence by the occupants, which activity is clearly incidental
to the use of said residence as a dwelling and does not change the resi-
dential character thereof, is conducted in such a manner as to not give
any outward appearance of a business in the ordinary meaning of the term,
and does not infringe upon the right of neighboring residents to enjoy a
peaceful occupancy of their homes. An occupation which does not comply
with the following criteria shall not be deemed;a home occupation:
a. There shall be no exterior alterations to the dwelling which changes
the residential appearance or character thereof.
b. The use, including all storage space, shall not occupy more than
forty-nine (49) percent of the residence's floor area which is
finished for living purposes. No home occupation shall occupy a
detached accessory building except within an Agricultural Zone, a
home occupation may occupy a pre-existing detached accessory
building; provided such building is located at least seventy-five
(75) feet from any residence other than the residence of the owner.
Notwithstanding the above, a commercial greenhouse operated as a
home occupation may occupy a detached accessory building.
c. Only members of the family who reside on the premises shall be
engaged in the occupation.
d. Signs identifying a home occupation shall be limited in size to a
maximum of two square feet, be unlighted, and be placed flat against
the building housing the home occupation.
e. There shall be no window display nor shall sample commodities be
displayed outside the building, except that horticultural and
floricultural products grown on the premises may be so displayed.
f. There shall be no stock in trade stores nor commodity kept for sale
which is not produced on the premises, except items accessory to the
product or service produced on the premises.
No material or mechanical equipment shall be used in a manner
detrimental to the residential use of surrounding properties because
of vibration, noise, dust, smoke or odor.
h. Materials or commodities delivered to and from the residence which
are of such bulk or quantity, or the parking of customers'
automobiles in such a manner or at such intervals, so as to
necessitate a public parking lot, shall be prima facie evidence that
the occupation is a primary business, and not a home occupation.
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SMITH St SMITH. P.S.
ATTORNEYS AND COUNSELORS AT LAW
EAST 1 201 9 SPRAGUE AVENUE
$POKANE. WASHINGTON 99206
509/928.4100
THOMAS SIDNEY SMITH
SCOTT R. SMITH
October 2, 1985
Mr. Thomas L. Davis
Code Compliance Coordinator
Spokane County Building Dept.
North 811 Jefferson
Spokane, WA 99201
RE: Auto repair - E. 13209 - 6th Avenue
Mr. Lyle E. Bartle
Dear Mr. Davis:
RECEIVED
uGT u 31985
BUILDING CODES
This office represents Mr. Lloyd Severance, owner of the
real property located at E. 13223 - 6th Avenue, Spokane. He and
other interested parties have previously contacted you and the
Zoning Board to complain about the auto repair activities
occuring at the E. 13209 - 6th Avenue address referenced above.
I am in receipt of a copy of your letter dated September 6,
1985 to Mr. Lyle Bartle. Specifically, your letter indicates that
Mr. Bartle is engaging in a commercial acitivity in an agricul-
tural zone classification. Specifically, Mr. Bartle is engaging
in substantial auto repair activity.
I have been asked to advise you that this illegal activity
has continued past the expiration date set in your letter. For
this reason, my client asks that you immediately turn this matter
over to the Spokane County Prosecuting Attorneys Office for
prosecution in accord with your demand letter.
Thank you for your assistance in this matter. If you have
any questions or comments regarding this, please do not hesitate
to contact me or Mr. Severance directly.
Very truly yours,
SCOTT R. S ITH
SRS/rh
cc: Lloyd Severance
SMITH & SMITH• P.S.
ATTORNEYS AND COUNSELORS AT LAW
EAST 12019 SPRAGUE AVENUE
SPOKANE. WASHINGTON 99206
Mr. Thomas L. Davis
Code Compliance Coordinator
Spokane County Building Dept.
North 811 Jefferson
Spokane, WA 99201