VN-8-83ZONING ADJUSTOR
SPOKANE COUNTY, WASHINGTON
IN THE MATTER OF VN-8-83; SPOKANE ) FINDINGS OF FACT, DECISION
CATHOLIC DIOCESE - RELAXATION OF ) AND CONDITIONS
FRONTAGE REQUIREMENT IN THE UNCLASSIFIED)
ZONE )
THIS MATTER, Being the consideration by the Zoning Adjustor of Spokane
County, approving the application (VN-8-83), for the purpose of establishing a
single family residential lot in the Unclassified zone, hereinafter referred
to as the "Proposal", and the Zoning Adjustor of Spokane County having held a
public hearing on February.16, 1983 and having fully considered all testimony
presented thereat, and further having visited the site and vicinity in question,
and having rendered a decision on the 23rd day of February, 1983, approving
said proposal, does hereby make the following:
FINDINGS OF FACT
1. That the proposal is generally located south of Elliott Road in Section
7-25-45, Parcel # 07754-9056.
2. That the proposal consists of a 10 acre lot (MOL) served by a 60' wide
private easement extending southerly from Elliott Road to the site.
3. That the adopted Spokane County Generalized Comprehensive Land Use
Plan indicates Rural usage of the area encompassed by the proposal.
4. That the site is zoned Unclassified, whereas the legal notice indicated
Agricultural zoning. This matter was brought to the attention of those attending
the hearing. No one objected to hearing the item at the scheduled Zoning Adjustor
hearing and the Zoning Adjustor enters a finding that no substantial harm resulted
in the wrong zoning information on the legal notice in that legal frontage is re-
quired for both the Unclassified and Agricultural zones and that numerous requests
for frontage variances are heard both in the Agricultural and Unclassified zoned
property and that should projects be approved the conditions of the Spokane County
Departments are the same regardless of the Agricultural/Unclassified distinction.
5. That the existing land uses in the area of proposal include residences
on very large lots, heavily treed land with running streams in the vicinity.
6. That the lot was appropriately created as evidenced by Spokane County
Planning Department Certificate of Exemption No. CE-20-83 approved January 28,
1983.
7. That the Spokane County Engineers Department has reviewed this project
and finds it can be reasonably developed subject to attached conditions: That no
other county departments have otherwise expressed opposition to the proposal.
8. That an area resident objected to the proposal on the grounds that the
proposal would grant a special privilege to the owners, whereas he had purchased
frontage property on which to build his home.
9. That the applicant has submitted an easement description for the pro-
perty and otherwise demonstrated legal access to the property which was uncontest-
ed.
10. That the proposal otherwise meets all current standards of the Spokane
County Zoning Ordinance for this use.
11. That the proper legal requirements for advertising of the hearing before
the Zoning Adjustor of Spokane County have been met.
CONCLUSIONS
1. That the proposal is compatible with existing uses in the area.
2. That the proposal is not detrimental or otherwise harmful to the public
health, safety and welfare in that the applicant has agreed to comply with Spokane
County Engineering Department requirements for the improvement of the access ease-
ment and approach.
FINDINGS OF FACT, DEC..ON AND CONDITIONS VN-8-8
PAGE 2
3. That the proposal is not the granting of a special privilege in that road
frontage variances on large lots served by access easement are commonly reviewed by
the Spokane County Zoning Adjustor to allow residential development where public
roads are not available.
DECISION
From the foregoing Findings, a review of the Planning Department File No.
VN-8-83, testimony at the public hearing, and a site visit, the Zoning Adjustor
hereby in approving the proposal makes the following conditions:
A. COUNTY PLANNING DEPARTMENT
1) That prior to the release of building permit the applicant shall comply
with all department conditions as listed below.
2) That the applicant shall submit to the file a recorded copy of the ease-
ment to serve the proposal.
3) That the applicant.otherwise develop the property in accordance with all
standards of the Unclassified Zone.
B. DEPARTMENT OF BUILDING AND SAFETY
1) All buildings and structures require building permits as per Section 301
of the Uniform Building Code.
C. HEALTH DISTRICT
1) Subject to specific application approval and issuance of permits by the
Health Officer, the use of an individual on -site sewage system may be
authorized.
2) Water service need not be coordinated through the Director of Utilities,
Spokane County.
3) Water service shall be by a non-public private system owned and operated
by the lot owner and serving a single lot.
D. ENGINEERS OFFICE
1) Construct a road to serve the property in accordance with adopted County
Standards for private roads.
2) Acknowledge that Spokane County has no responsibility to build, improve,
maintain or service the private road.
3) Should Spokane County be petitioned to construct or maintain a public
road serving the property in accordance with. provisions RCW 36.81, the
owners, their heirs or assigns must:
a. Agree to deliver to Spokane County a properly signed and executed
right of way deed to cover sufficient land for the road.
b. Agree to join and participate in the formation of a County Road Im-
provement Project sanctioned by Spokane County.
4) Applicant must sign and record Spokane County Engineer form "Notice to
Public No. 3" of 5/5/81 in order to comply with above requirements.
5) Private roads must be signed in accordance with the provisions of Spokane
County Board of County Commissioners Resolution No. 80-1592, as amended,
and constructed in conformance with Section 3.07, Section A and B of
that title.
6) Applicant should be advised that an approach permit must be obtained from
the County Engineer prior to the construction of any new driveway
approaches: The approach to Elliott Road as constructed does not comply
with county standards. Prior to issuance of a building permit this
approach must be brought up to county standards.
FINDINGS OF FACT, DECISION AND CONDITIONS VN-8-83
PAGE 3
DATED THIS
gOYcj
, 1983.
DI GL'S Sg ADAMS, ZONING ADJUSTOR
SPOKANE COUNTY, WASHINGTON