VE-119-80BEFORE THE ?MINING ADJUSTOR OF
SPOKANE COUNTY, WASHINGTON
IN THE MATTER OF:
APPLICANT: Grant F. Groesbeck
REQUEST:- Relaxation of Fence Height
COUNTY CODE: 4.17.040
DECISION OF: Approval
CONCLUSION OF LAW
FINDINGS OF FACT
FILE NUMBER: VE-119-80
PARCEL #: 23532-3301
DATE OF HEARING: August 13, 1980
DATE OF DECISION: September 3, 1980
BASIS FOR ACCEPTANCE
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 review-
ing the public record, examining available information, and visiting the pro-
perty and surrounding area, the Zoning Adjustor in accordance with Chapter
36.70.810 Revised Code of Washington, and Section 4.25.030 of the County Zoning
Ordinance, hereby makes the following:
DECISION
TO APPROVE THE APPLICANT'S REQUEST TO INSTALL A SIX-FOOT FENCE WITHIN
THE REQUIRED FRONT YARD.
CONCLUSION OF LAW
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.
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
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 provisions of law, Findings of Fact here-
inabove substantiates approval of the application and issuance of a building
permit for the project.
V.
Any Finding of Fact hereinafter stated which is deemed to be a Conclusion
of Law is adopted as the same.
From the Conclusions of Law the Zoning Adjustor hereby enters these:
FINDIH;S OF FACI
That the applicant filed an application with the Spokane County Planning
Department on June 27, 1980 in conjunction with a proposed 43 unit
apartment complex for the elderly located East of Spokane in Section 23, Town-
ship 25, Range 43.
II.
That this action was taken after finding that the public health, safety,
and general welfare will not be infringed upon. That furthermore, this action
conforms to the intent of the Zoning Ordinance and general comprehensive plan
adopted by Spokane County.
That all matters before the Zoning Adjustor are reviewed by agencies of
jurisdiction with the following agencies submitting recommendations to the
Zoning Adjustor for consideration:
SPOKANE COUNTY ENGINEER'S OFFICE: In a memo dated August 11, 1980 the Engineer's
Office requested that the sight distance at the intersection not be obscured.
SPOKANE COUNTY PLANNING DEPARTMENT: In the staff presentation at the hearing,
it was confirmed that this application is in compliance with the established
procedures for reviewing such applications. That the proposal does not violate
the clear view triangle provision of the Zoning Ordinance (refer to Section
4.17.040).
IV.
From testimony it was reported that the purpose of the fence height is to
provide complete security including electric gate openers at drive ways. That
a six foot high fence has been found to be the most effective for apartment
complexes.
V.
That the applicant's proposal was the subject of a rezone request number
ZE-65-80 which received approval after public hearing by the Spokane County
Hearing Examiner Committee on June 17, 1980.
VI.
That as a condition to the rezone approval, the applicant is required to
submit a specific landscape plan to the Planning Department.
VII.
From review of this file and visiting the subject property, it is found
that this proposal is bounded almost entirely on three sides by public streets
and therefore to require compliance would be an unreasonable imposition placed
on the property. This unique circumstance and the granting of a variance would
be consistent with applicable state and county laws governing the issuance of
variances.
VIII.
That this action will not be materially detrimental to the public welfare
or injurious to property or improvements in the vicinity. The location of the
property, the required landscaping, the protection of the"clear view triangle"
and the need for security constitutes a justifiable action.
IX.
That opportunity was afforded at the hearing to any interested person to
testify regarding the applicants proposal. No one appeared nor any written
comments were received in opposition.
PAGE 3
VE-119-80
CONDITIONS OF APPROVAL
That the proposed project shall be in conformance to the plot plan
on file with this application.
ORDERED this
/9
day of -Lam , 1980.
ATTEST BY:
Spokane County Planning Dept.
row ma \lLA(/)
ae_:,
ZONING ADJUSTOR FOR SPOKANE
COUNTY, WASHINGTON
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" , .
At said time and place any interested person appear for, or against, the granting of
tfiis apFliLation.
i)►- rl i'A~i , I~,• n r UtF '
,~r.~E l,l~~l~P~l r rr,ki►-ltN`r
ZONING ADJUSTOR HEARING TELEPI_i6;aL i;v: 456-~27L"-
a
T It•1E : Wednesday, August 13, 1980 1:15 p.rTI .
PLACE: N. 721 Jefferson, Broadway Centre Eldq.
Conference P,oom, 2nd floo~-
vARIAPJCE •
a. Location: Section 2~, iownship 25, Range 43 ttJh1
Yhose Ptns of Lots l, 2, 3, & 4, Blk 4, Carn-
iope Add., according to the plat thereof re-
-orded in Volume "B" of plats, paqe 89,
lying southerly alhen measured radially from
}he survey line of 4th Ave. at H~van3 St.
frontage road of St. Hwy Rt. 90 (PSH No.2 )
SookanE to Greenacres; and lots 7 thru 12
inclusive, Bik 4; and lots 7 thru 12, Bik 3
Carnhope Add. according to plat recorded in
llolume "6" of plats page 89 in Spokane
County, -Washington. Parcel#: 23532-3301,
3205, 3206 and 3207.
b. ;ppl ica;)Z: • Grant F. Groesbeck
N. 909 P i n es
Spokane, WA 99206
c. Proposed iJse: Chainlink fenc`
d. Si te Si ze. 1.9 " 3 acr - e-s
e. Lx7 s -!_-ing ZGrle. i•iu~ tl -~~!lli lj ~ _;~.;r'~drl
f. 'Jariance Requested: Applicant proposes installation ar~d rrainten-
ance of a 6 ft. hiQh chai nl i nic fence wi th
~ electric gate opener at drive thru's.
q. Application af Zoninq Ordinance: 4.17.040
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OFFICE OF COUNTY ENGINEEEt
Spokane County, Washington
T0: ZONING ADJUSTOR
FROM: Bob Brueggeman, Engineer's Office
SUBJECT: County Engineer's Recoarnendations
DATE: August 11, 1980
VE-119-80 If approved:
Applicant shall take care so as not to obscure the sight
distance at the intersection of the county roads adjacent
to this property. .
VS -133-80 If approved:
Applicant shall agree to participate in any future RID for
improvements to Marshall Rd. and shall agree to the future
dedication of 10 feet of the advertised property for these
improvements to Marshall Rd.
Applicant shall execute notice to the public that this portion
of Marshall Rd. is an unmaintained county right-ofrway and
will not be maintained until it is built to minimum county
standards.
VN-134-80 If approved:
Applicant shall execute notice to the public that this
property is served by a private road.
VW -139-80 No conditions at this time.
VE -123 -80 I f approved :
Applicant must meet front yard setb8ck requirements according
to existing Spokane County Zoning Ordinance to ensure proper building setback for future street widening project.
VN -137 -80 I f approved :
Applicant shall be subject to all the conditions of the
pending zone change for this property.
VE -121-80 If approved:
Applicant shall execute notice to the public that this property is served by a private road.
VN-135-80 No conditions at this time.