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CUE-8-72SPECIAL AIM CONDITIONAL USE PERMIT SPE-1-72 P nylon of a n-conforminor Use CIF-9-7...2Jomapzion of a Trai'.e .Court Zoning Adjustor Decision: Approved, subject to the following conditions: A. CONDITIONS: 10 A 5 foot c3 at.n link fence shall be constructed on the south propertyline. o 2. 70% of each trailer stall shall be left in open space. 3. M}niiknurn spacing of trailers side by side shall be not less than 20 feet; end t end spacing shall not be less than 20 feet. o 4. Ail areas other than access) and egress, parking and circulation, and service build- ings shall b completely and permanently r t� r-nently landscaped. 5. The paving of parking areas and driveways shall be in substantial conformance to the submitt d paving schedule, S. The trailer court shall be developed in substantial conformance to the approved plot plan on file = ith this application, 7. No additional trailer stalls shall be constructer to the t•. est of the existing trailers on the approved plot plan. B. OBJECTORS OF RECORD: C. B. Owens and wife, 416 S. Howe, Spokane, Washington Co GENERAL DATA: 1. Location: 2. Applicant: ZOR.ING - .DJUSTOR MINUTES: March 30, 1972 HHARING: February 7, 1972 Section 23, Township 25 N. , Range 43, EOW, M, The east third of Lot 1 • the east half of Lot 2• all of Lots 3 and 4, Block 11, Eastwood Addition Located in Spokane County, Washington. Parcel No.: 23534-1101 , 1104, 1106 & 1 107 Gary-W. Asbury 415 S. Howe Spokane, Washington (continuer) • • SPE-3-7?, Rx_pari;sj.on of a Non --conforming Tee QU£- 1-72. _Exaansion of a Trailer caul. (continued) 3. Site Size: 4. Existing Zoning: 5. Special Permit Requested: Approximately 2.49 acres Lots 3 & 4, Agricultural Suburban, established October 22, 1957; Remainder of property, Residential Mobile Horne, established August 13, 1970 To permit expansion of an existing trailer court within the Agricultural Suburban portion of the property. 6. Conditional Use Permit Requested: To be permitted to expand the existing trailer court in the Residential Mobile Home pcction of the property. 7. Application of Zoning Provision; Chapter 4. 25. 030'g, Chapter 4.05A.09.0 • 7,. -64. CHARLES L. HUCCU Y/Zoning Adjustor BEFORE THE ZONING ADJUSTOR OF SPOKANE COUNTY, WASHINGTON IN THE MATTER OF: RON PRESTA ) DECISION REQUEST: Change of Conditions ) (Change of Condition) (File NO. CUE-8-72) ) NOTICE OF WITHDRAWL Waiver of Violation ) (Waiver of Violation) (Front yard setback) ) FILE NUMBER: WVE-2-81 CUE-8-72 PARCEL#: 23531-1101; 1102; 1103; 1104; 1147; 1106 DATE OF HEARING: June 24, 1981 DATE OF DECISION: July 15, 1981 REPRESENTED BY: John Sweitzer, Consultant INTRODUCTION This matter being the consideration by the Zoning Adjustor for Spokane County and pursuant to Chapter 4.25, Section 4.25.010, the Zoning Adjustor has the authority to hear and decide such matters coming before him. After conducting a public hearing to receive all public testimony and after reviewing the public record and examining available information, the Zoning Adjustor in accordance with Chapter 36.70.810 Revised Code of Washington and Section 4.25.030 of the Zoning Ordinance hereby makes the following Findings of Fact and Conclusions of Law hereinbelow stated. The Applicant, Ron Presta, filed an application with the Planning Department on April 21, 1981 requesting approval for a change of condition on File CUE-8-72 and a waiver of violation for six mobile homes which are in violation of the front yard setback requirement. The subject property is located on Fourth Avenue in Section 23, Township 25, Range 43. After receiving public testimony and accepting the file from the Planning Department, the Zoning Adjustor set July 15, 1981, at 1:15 P.M. as the time to announce the decision. That on July 15, 1981, the Zoning Adjustor having reviewed the public testimony and having made a site inspection concluded there are sufficient grounds to support this action. WVE-2-81, CUE-8-72 Page 2 • • NOTICE OF WITHDRAWAL That on July 13, 1981, the Applicant, Ron Presta, submitted a letter dated July 13, 1981 to the Office of the Zoning Adjustor requesting that his application for file WVE-2-81 be withdrawn from consideration; however, that a decision regarding a change of conditions to reduce the fence height be rendered. After consultation with the Prosecuting Attorney's Office, Civil Division, the Zoning Adjustor was advised that the request can be honored, and therefore, no decision needs to be rendered regarding setback violations. HOWEVER, it is the duty and responsibility of the Zoning Adjustor to report probable violations of the Zoning Ordinance to the Zoning Investigator for investigation and enforcement. After conclusion of the public hearing and accepting the file from the Planning Department, the Zoning Adjustor finds the following items are apparently in violation of the County Zoning Ordinance: 1) Permit #CUE-8-72, Condition A.1. - failure to construct a 6 foot chain link fence on the south property line. (See Change of Condition Decision stated hereinafter.) 2) Permit #CUE-8-72, Condition A.5. - failure to pave parking areas and driveways. 3) Permit #CUE-8-72, Condition A.6. - failure to develop the park in substantial conformace to the approved plot plan. Reference is made to that portion of the park located at the northeast corner of Fancher Road and Fourth Avenue. The approved plot plan shows four mobile homes (one is replacing an existing residence) with parking and access to a driveway extending from Fancher. The park as presently developed has four mobile homes including the single-family residence which is being occupied. A11 of these units are fronting along Fourth Avenue, and that parking is occurring within the required front yard setback area resulting in a vio- lation of Section 4.17.062 (b)(5). The proposed access driveway is not developed. The Zoning Adjustor has made this interpretation in accordance with Section 4.03.020 (56A) - Substantial Conformance of the Zoning Ordinance. 4) Permit #CUE-8-72, several mobile homes located along the south property line may be in violation of the rear yard setback require- ment of five feet as currently required by the Zoning Ordinance. (See Section 4.05A.050-2c.) 5) Mobile Home Park Expansion - permitted under Section 4.05A.050 effective at the time of expansion. (See Zoning Ordinance - dated July 1979.) Violations noted are: a. No record of an approved plot plan as required pursuant to WVE-2-81, CUE-8-72 Page 3 • • Section 4.05A.050 (a) and Section 4.24.110. (See 4.24.110 b.8 of the above referenced 1979 Zoning Ordinance). b. Six mobile homes are located in violation of the front yard setback from Fourth Avenue. A minimum of 25 feet from any existing right-of-way is required pursuant to Section 4.24.110.b.5. of the 1979 Zoning Ordinance. (This matter was withdrawn from consideration by the applicant.) c. Parking is not being provided for in accordance with Sections 4.24.110 b.6 and 4.17.062 b.5 of the 1979 Zoning Ordinance. d. Paving of parking areas have not been completed as required in Section 4.24.110 b. 9 as specified in the 1979 Zoning Ordinance. It is noted that the above noted standards are the same as specified in the current Zoning Ordinance published in May 1981. THEREFORE, IT IS THE ZONING ADJUSTOR'S ACTION that the matter of WVE-2-91 which was heard before the Zoning Adjustor on June 24, 1981, is hereby WITHDRAWN WITHOUT PREJUDICE. FURTHERMORE, a copy of this action is being forwarded to the Department of Building and Safety, Zoning Investigations, for further action. CHANGE OF CONDITION DECISION TO DENY THE REQUEST THAT CONDITION NO. 1 OF PERMIT CUE-8-82 BE DELETED AND TO AMEND CONDITION NO. 1 TO READ: "A chain link fence at least five (5) feet in height shall be constructed along the south property line." FINDINGS OF FACT I. The subject property received a conditional use permit on March 30, 1972, to allow an expansion of a mobile home park. As a condition of approval, the Zoning Adjustor required that a six (6) foot fence shall be constructed on the south property line. Currently the site does not contain a chain link fence. II. The subject property is now zoned Residential Mobile Home and the adjacent property to the south is also zoned Residential Mobile Home. Prior to this zone classification the adjacent property was zoned Agricultural - Suburban. Under the Agricultural -Suburban zone, animal keeping may be conducted on site in accordance with the zoning provisions. The record shows that the adjacent property was used for animal keeping at the time the conditional use permit was issued. From on -site review, the Zoning Adjustor finds that this adjacent parcel is vacant and that animal keeping is still evident. WVE-2-81, CUE-8-72. Page 4 • III. The Applicant's representative had testified that, after they had met with the property owner to the south, Mr. Bill Hobbs, they would like to amend their request to seek approval of a four (4) foot chain link fence. That Mr. Hobbs is in agreement with this request. Further, it was requested that the applicant be given a one-year extension to construct the fence. It was reported that there may be some question as to the location of the south property line. IV. The file contains a letter from William Hobbs stating his concern regarding the fence. The letter acknowledged that thoroughbred horses are using the pasture and, therefore, he is concerned with the safety of children. V. The opportunity was afforded at the hearing to interested parties to testify in opposition to the applicant's request. Testimony was received from: Jack Johnson; Steven Nelson; Jo Ann Woltering; Roger Repp; E. J. McCadam; and George Hunter. Also, letters of opposition are noted in the file. Most of the testimony given related to the failure to bring the mobile home park into compliance with the conditional use permit and the standards prescribed in the Zoning Ordinance. Testimony was given in support of requiring a fence along the south property line. In addressing these concerns, as noted hereinabove, the Zoning Adjustor will refer the violations to the Zoning Investigator, and a fence will continue to be required as a condition of approval for. Permit No. CUE-8-72 as noted above. From these Findings of Fact, the Zoning Adjustor makes the following Conclusions of Law. CONCLUSIONS OF LAW I. That the Zoning Adjustor of Spokane County has jurisdiction over the issuance of the building permit for the project to the applicant pursuant to the provisions of Chapter 36.70.810 RCW and Section 4.25.030 of the Spokane County Zoning Ordinance. That the applicant submitted an appli- cation to the Planning Department requesting a public hearing before the Zoning Adjustor, and that pursuant to Chapter 36.70.840 and Section 4.25.040 of the Zoning Ordinance, notice for a public hearing was given through the United States mail to all property owners within a radius of 300 feet from the subject property. II. That all citizens notified and public agencies having jurisdiction were afforded the opportunity to testify or submit written comments on the proposed project. No one appeared nor any written comments were received in opposition. III. The Zoning Adjustor concluded that a chain link fence is needed along the south property line in order to prevent children from entering the pasture where horses are grazing. That it cannot be justified to change Condition #1 of Permit CUE-8-72; however, it was successfully argued that a six (6) foot fence was not necessary. The Zoning Adjustor accepted the testimony from the applicant stating that Mr. Hobbs, who is directly affected by this action, is apparently in agreement with a fence height of at least four (4) feet. However, the Zoning Adjustor concluded from Findings of Fact stated WVE-2-81, CUE-8-72 Page 5 • hereinabove that, in order to assure the public health, safety and general welfare, a fence of at least five (5) feet in height should be constructed to prevent children from going into the pasture. IV. In regard to the request that the applicant be given up to one year to construct the fence, the Zoning Adjustor finds that this cannot be granted. Based on these findings, an attractive nuisance may exist with the property to the south whereby an extension of time cannot be justified. Furthermore, the requirement for a fence has been in effect since March 30, 1972, and should have been constructed prior to the occupancy of the park. V. It is concluded that, in order to fulfill the conditional use requirements imposed by the Zoning Adjustor in his written order dated March 30, 1972, and to provide reasonable safeguards to neighboring properties, the Zoning Adjustor is restating the conditions for approval as part of this action. VI. It is further noted that under County Code Section 4.24.010 (b) permits may be suspended or revoked after public hearing and a finding by the Zoning Adjustor that a permittee has failed to comply with such restrictions or conditions. That pursuant to these Findings of Fact and Conclusions of Law stated hereinabove, approval of this request and conditions imposed can be sub- stantiated. CONDITIONS OF APPROVAL I. A chain link fence at least five (5) feet in height shall be constructed along the south property line. Said fence shall be completed within 60 days from the date of this action. II. That all conditions of Order CUE-8-72 dated March 30, 1981, as amended hereinabove shall be in compliance. The applicant is directed to contact the Planning Department, Zoning Administrator, within ten days from the date of this action in order to present an acceptable time schedule in which to complete the required conditions and to seek compliance with the provisions of the Zoning Ordinance regulating mobile home parks. ENTERED THIS DAY OF JULY, 1981 PURSUANT TO THE AUTHORITY GRANTED UNDER THE SPOKANE COUNTY CODE, SECTION 4.25.030. THOMAS L. DAVIS ZONING ADJUSTOR FOR SPOKANE COUNTY, WASHINGTON ATTEST: