WVE-7-80BEFORE THE ZONING ADJUSTOR OF
SPOKANE COUNTY, WASHINGGTON
IN THE MATTER OF THE APPLICATION
OF PHILIP LAM FOR A WAIVER OF
VIOLATION FROM SECTION 4.05A.070
(c) (1) and 4.25.030 (f) SPOKANE
COUNTY ZONING ORDINANCE FOR
RELAXATION OF FRONT YARD SET-
BACK REQUIREMENT
) FINDINGS OF FACT,
) CONCLUSIONS OF LAW
) AND DECISION
FILE NUMBER: WVE-7-80
DECISION: DENY
DATE OF ORDER: July 30
PARCEL #: 23532-1802
, 1980
This matter being the consideration by the Zoning Adjustor for Spokane
County of a waiver of violation application in conjunction with a proposed
location of a mobile home and pursuant to Chapter 4.25, Section 4.25.010
granting the Zoning Adjustor the authority to hear and decide such matters
coming before him, and after conducting a public hearing on July 16, 1980
to receive all public testimony and after reviewing the public record, ex-
amining available information and visiting the property and surrounding area,
the Zoning Adjustor in accordance with Chapter 36.70.810 (2) Revised Code of
Washington, and Section 4.25.030 (b) of the County Zoning Ordinance, hereby
makes the following:
FINDINGS OF FACT
I.
That Philip Lam, hereinafter referred to as the "applicant" filed an appli-
cation on May 23, 1980 with the Spokane County Planning Department for a waiver
of violation in order to allow a mobile home to remain 20 feet from the front
property line whereas the Zoning Ordinance requires 25 feet. The site is
6,750 sq. ft. in size located east of Spokane legally described as follows:
Section 23, Township 25, Range 43 EWM Lot 2 Blk 18 of Sprague
St. Addition, according to plat thereof recorded in Volume "B"
of plats, page 82, situate in the County of Spokane, State of
Washington.
II.
It is found that a building permit No. 79-7166 was issued to the applicant
on November 1, 1979 receiving approval from the Planning Department on October
29, 1979. Said permit identified 20 feet as the required setback for the front
yard. Section 4.05A. 070 (a) (1) allows a minimum of 20 foot front yard setback
for mobile homes within plats exclusively designed for mobile homes and approved
by Spokane County. However, it was determined after the issuance of the building
permit that the subject property was not within a plat exclusively designed for
mobile homes and therefore a violation does exist. Section 4.25.030 (f) provides,
however, that an applicant may be granted a waiver of violation when it is found
that the applicant acted in good faith with every intent to comply with the pro-
visions of the Zoning Ordinance and when said violation is found not to violate
the spirit and intent of the ordinance. As evident in this case the county
issued the permit resulting in a violation and therefore not a wrong -doing of the
applicant. From on -site review of the subject property, it was found that the
applicant has not completed the requirements of his permit nor called for final
inspection. The mobile home has not been skirted, wheels are still mounted,
vegatation has not been removed, tongue is not removed or camouflaged, support
blocks may not be in conformance, and possibly other requirements have not been
completed. Since the above conditions do exist, it is the Zoning Adjustor's
opinion that although the applicant acted in good faith, he has not exercised
his permit conditions and therefore is not entitled to special consideration and
relief. Conformance to the Zoning Ordinance can be achieved without any undue
hardship being placed on the applicant.
WVE-7-80
Page 2
That is it found that the mobile home which is stilton wheels can be
moved back 5 feet to be in compliance with the required 25 foot setback.
This would place the unit 1 foot from the septic tank whereas the County
Health District standards require 5 feet. After discussing this situation
with Dennis Kroll of the Health District on July 22, 1980, it was deter-
mined that there would be no problems with accessibility to the septic tank
should the mobile home be relocated to within 1 foot of the tank. The
Health District would concur with the Zoning Adjustor's action.
IV.
Testimony was received in opposition to this application citing concerns
over compatibility and established building lines by adjoining properties.
Adjacent residences as well as other residences along the south side of Second
Avenue are set back 25 feet and greater distances, and that by allowing the
mobile home to remain at its present 20 foot setback, location would extend
beyond the established building line.
V:
That this action and supported by the above noted findings was found ne-
cessary to protect adjacent properties and safeguard the public health, safety,
convenience, and general welfare.
VI.
Any Conclusions of Law hereinafter stated which are deemed to be a Finding
of Fact herewith is adopted as the same.
From these Findings, the Zoning Adjustor comes to these:
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 pro-
visions of Chapter 36.70.810 (2a) and (2b) RCW and Section 4.25.030 (bl) and (b2)
of the Spokane County Zoning Ordinance.
II.
That the applicant submitted an application to the Planning Department re-
questing 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
of record within a radius of 300 feet from the subject property.
That all citizens and public agencies having jurisdiction notified were
afforded the opportunity to testify or submit written comments on the proposed
project.
IV.
That pursuant to the above cited provision of law, Findings of Fact herein -
above substantiates the approval of the application and issuance of a building
permit for the project.
V.
Any Finding of Fact hereinabove stated which is deemed to be a Conclusion of
Law is adopted as the same.
From the Findings of Fact and Conclusions of Law the Zoning Adjustor hereby
enters this:
WV E-7-80
Page 3
DECISION
TO DENY THE APPLICANT'S REQUEST FOR A WAIVER OF VIOLATION TO ALLOW A
MOBILE HOME TO REMAIN 20 FEET FROM THE FRONT PROPERTY LINE.
ORDER
The applicant shall relocate the mobile home 25 feet from the front
property line within ninety (90) days from the date of this decision.
DATED this day of
ATTEST BY:
Spokane County Planning 'Dept.
, 1980.
art.-•
ZONING ADJUSTOF FOR SPOKANE
COUNTY, WASHINGTON