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VE-31-88ZONING ADJUSTOR SPOKANE COUNTY, WASHINGTON IN THE MATTER OF A VARIANCE FROM HEIGHT ) REQUIREMENTS FOR A SIGN ) FINDINGS, CONCLUSIONS [VE-31-88]; ) AND DECISION GOOD YEAR TIRE AND RUBBER CO. ) COMPANION FILES: NONE ) SUMMARY OF APPLICATION: The applicant proposes to erect a business sign to a height of fifty-five (55) feet above grade. Section 4.11.140 of the Spokane County Zoning Ordinance and an October 31, 1986 Planning Department interpretation require that no structure be erected in the Restricted Industrial Zone which shall exceed a height of thirty-five (35) feet. A sign has been judged to be a structure by this interpretation. Authority to consider and grant such a request exists pursuant to Sections 4.03.020 (variance) and 4.25.030 b. of the Spokane County Zoning Ordinance. PROJECT LOCATION: Project is generally located in the Spokane Valley, west of and adjacent to Bradley Road and northwest of and adjacent to 1-90 in the NE Ya of Section 13, Township 25N, Range 43EWM. the property's address is N. 901 Bradley. The Assessor's parcel number is 13531-1303. DECISION SUMMARY OF THE ZONING ADJUSTOR: Based upon the evidence presented and circumstances associated with the project proposal, the Zoning Adjustor APPROVES the sign as specifically located and described in the approved drawings contained in the Planning Department file. OPPONENTS OF RECORD: None PUBLIC HEARING: After examining all available information on file with the application and visiting the subject property and surrounding area, the Zoning Adjustor conducted a public hearing on November 28, 1988, rendered a verbal decision on November 28, 1988 and rendered a written decision on December 1, 1988. FINDINGS OF FACT 1. The project location is as set forth above under PROJECT LOCATION. 2. The proposal consists of the applicant's desire to erect a fifty-five (55) foot tall sign displaying the Good Year name and identifying logo. The upper part of the sign would be forty (40) feet wide by eight feet six inches (8' 6") high and be located on poles reaching approximately forty-six and one-half (46 Yz) feet from ground level to the base of the Good Year sign. A portion of a lower sign, located between the two supportive columns, reading "Truck Alignment and Retreading," would also be above the thirty-five (35) foot height limitations. The applicant proposes this sign height variance due to the fact that a normal (maximum) thirty-five (35) foot tall sign would be substantially obscured by the Broadway overpass and westbound off ramp as viewed from eastbound traffic approaching from the south southwest. The applicants determined this proposed height by using a boom - mounted "cherry picker" which was raised at the site to a height at which there was line - of -sight to the top of the eastbound Sprague Avenue overpass of 1-90. This height was determined to be needed in order to ensure visibility from the eastbound traffic. This would then allow the traffic to safely change lanes and to decelerate to exit on the eastbound off ramp for Broadway Avenue, thence being able to make their way to the business location. 3. The adopted Spokane County Future Land Use Plan designates the area of the proposal as Industrial. CASE NO. VE-31-88 SPOKANE COUNTY ZONING ADJUSTOR PAGE 2 4. The site is zoned Restricted Industrial, which allows the proposed use upon approval of this application. 5. The existing land uses in the area of the proposal include all manner of business , commercial, restricted industrial and warehousing, all of which are compatible with the proposal. 6. Washington State Department of Transportation reported by letter of September 20, 1988 to the Area Sign Company (the applicant's agent) that the sign shall not be located greater than fifty (50) feet from the advertised activity. The advertised activity is being interpreted as being the building itself, since most onsite activity takes place within the building itself. Hence, the applicant has chosen in his site plan to locate the sign within fifty (50) feet of the southeasterly corner of the building. The forty (40) foot wide upper sign piece (Good Year) must be contained within fifty (50) feet horizontally of the southeast building corner. Given the distance of the vertical sign supports from the end of the Good Year sign, it was decided in the hearing that the base of the sign should be within approximately sixty (60) feet of the southeast corner of the existing building. This figure shall be used during the building permit inspection process in order to correctly locate the site of the sign base installation. 7. The applicant stressed that Washington Department of Transportation, pursuant to the Scenic Vistas Act does not allow billboard advertising on the Interstate route. The applicant company paid well for this location and feels that they need to maximize their exposure to the traveling public. The applicant pointed to Les Schwab, Husky and Ritchiey Riley and Shook tire purveyors in the immediate vicinity. It was pointed out that the Husky truck stop has a sign which is probably considerably in excess of fifty-five feet, although the zoning there is Manufacturing Zoning which has no height restrictions. 8. The proposal is exempt from the provisions of Chapter 43.21C RCW pursuant to WAC 197-11-800 (6) (b). 9. The applicant(s) has/have been made aware of the recommendations of various County/State agencies reviewing this project and has/have indicated he/she/they can comply with those recommendations. 10. No one appeared to oppose the proposal nor were any written comments adverse to the proposal received. There are no opponents of record. 1 1 . The proper legal requirements for advertising of the hearing before the Zoning Adjustor of Spokane County have been met. 12. Any conclusion hereinafter stated which may be deemed a finding herein is hereby adopted as such. From the Findings, the Zoning Adjustor comes to these: CONCLUSIONS 1. The variance will not authorize a use otherwise prohibited in the zone. 2. With the conditions of approval set forth below, the variance will: a) not constitute a grant of special privileges inconsistent with limitations on other properties in the vicinity and similar zone; b) ensure that the intent and purpose of the Zoning Ordinance is achieved with regard to location, site design, appearance, and landscaping, etc; and c) protect the environment, public interest and general welfare. Other sign variances have been granted in the vicinity and for similar uses in similar zones. 3. Granting the variance will be neither materially detrimental to the public welfare nor injurious to property or improvements in the vicinity and zone. 4. There are special circumstances applicable to the property which when combined with the standards of the Zoning Ordinance, create practical difficulties for the use of the property and/or deprive the property of rights and privileges common to other properties in the vicinity and similar zone classifications. The reasonable need to have visual exposure to eastbound traffic in order that it make a safe exit and deceleration onto the Broadway Exit is a special circumstance. CASE NO. VE-31-88 SPOKANE COUNTY ZONING ADJUSTOR PAGE 3 5. Granting the variance will be neither materially detrimental to the public welfare nor injurious to property or improvements in the vicinity and zone. 6. Strict application of the zoning standards does create an unreasonable burden in light of the purpose to be served by the standards. 7. The case for the variance was not supported by substantial reference to or reliance upon illegal or non -conforming precedent(s). 8. Granting the variance will not adversely affect the overall zoning design, plan or concept for either the immediate area or the entire County. 9. The case for a variance was not based substantially upon a lack of reasonable economic return nor a claim that the existing structure is too small. 10. Granting the variance will not be inconsistent with the general purpose and intent of the Comprehensive Plan. 1 1 . The practical difficulty which gives rise to the variance request did exist before the present owner acquired the property. 12. The granting of the variance will not result in de facto zone reclassification. 13. The requested variance is not substantially for the purpose of circumventing density regulations designed to protect the Spokane Valley-Rathdrum Prairie Aquifer. 14. While the project does not comply with every detail of the provisions of the Spokane County Zoning Ordinance, the project does not violate the spirit or intent of the ordinance. 15. Various performance standards and criteria are additionally needed to make the use compatible with other permitted activities in the same vicinity and zone and to ensure against imposing excessive demands upon public utilities and these shall be addressed as conditions of approval. 1 6. The proposal will neither be detrimental to the Comprehensive Plan nor the surrounding properties. 1 7. The Zoning Adjustor may require such conditions of approval as necessary and appropriate to make the project most compatible with the public interest and general welfare. 18. Any finding hereinbefore stated which may be deemed a conclusion herein is adopted as such. DECISION From the foregoing Findings and Conclusions, the Zoning Adjustor APPROVES the proposal. The following Conditions of Approval are stipulated. CONDITIONS OF APPROVAL I. GENERAL 1. The following conditions shall apply to the applicant, owner and successors in interest and shall run with the land. 2. Failure to comply with any of the conditions of approval contained in this decision, except as may be relieved by the Zoning Adjustor, shall constitute a violation of the Zoning Ordinance and be subject to such enforcement actions as are appropriate. 3. The Zoning Adjustor may administratively make minor adjustments to site plans or the conditions of approval as may be judged to be within the context of the original decision. CASE NO. VE-31-88 SPOKANE COUNTY ZONING ADJUSTOR PAGE 4 4. The Building and Safety Department shall assist in coordination of this decision by routing building permit application(s) to the various departments and agencies which participate in or take actions to ensure that various required written documents have been executed and filed. II. PLANNING DEPARTMENT 1. The Planning Department, in reviewing the building permit application shall see to it that copies of the approved site plan and signed documents contained in the file are attached to the building permit application. III. DEPARTMENT OF BUILDING & SAFETY 1. The Building and Safety Department shall assist in coordination of this decision by routing building permit application(s) to the various departments and agencies which participate in or take actions to ensure that various required written documents have been executed and filed. 2. The Department shall see to it that the field inspector verifies the location of the nearest sign post to the building as not exceeding sixty (60) feet from the southeast corner of the building. This determination shall be made by means of a field measurement and verified in the inspector's report. 3. The department shall also verify that the height of the sign does not exceed fifty- five (55) feet from ground level of the uppermost portion of the Good Year sign. This dimension shall be verified and contained in the inspectors file. 4. A building permit is required in accordance with Section 3.13.030, Title 3 of the Spokane County Code. IV. UTILITIES DEPARTMENT 1 . None is appropriate. V. HEALTH DISTRICT 1 . None is appropriate. VI. SPOKANE COUNTY ENGINEERING DEPARTMENT 1 . None is appropriate. VII. SPOKANE COUNTY FIRE PROTECTION DISTRICT #1 1. None is appropriate VIII. WASHINGTON STATE DEPARTMENT OF TRANSPORTATION 1. The sign shall be in compliance with RCW 47.42 (Scenic Vistas Act) for a Type 3, on -premise sign, or as otherwise specified by the Department. NOTICE: PENDING COMPLETION OF ALL CONDITIONS OF APPROVAL WHICH NEED TO BE COMPLETED PRIOR TO PERMIT ISSUANCE, PERMITS CAN BE RELEASED PRIOR TO THE LAPSE OF THE TEN (10) DAY APPEAL PERIOD. HOWEVER, THE COUNTY HAS NO LIABILITY FOR EXPENSES AND INCONVENIENCE INCURRED BY THE APPLICANT IF THE PROJECT APPROVAL IS OVERTURNED OR ALTERED UPON APPEAL CASE NO. VE-31-88 SPOKANE COUNTY ZONING ADJUSTOR PAGE 5 DATED this 1st day of December, 1988. Thomas G. MJ jher, AICP Zoning Adjustor Spokane County, Washington FILED: 1 ) Applicant 2 ) Parties of Record 3 ) Spokane County Engineer's Office 4) Spokane County Health District 5) Spokane County Utilities Department 6) Spokane County Department of Building & Safety 7) Spokane County Fire Protection District #1 8 ) Washington State Department of Transportation, District 6; Spokane 9 ) Planning Department Cross-reference File and/or Electronic File NOTE: APPEALS MUST BE FILED WITHIN TEN (10) CALENDAR DAYS OF THE ABOVE DATE OF SIGNING. APPEAL MUST BE ACCOMPANIED BY A $100.00 FEE. APPEALS MAY BE FILED AT THE SPOKANE COUNTY PLANNING DEPARTMENT, BROADWAY CENTRE BUILDING, NORTH 721 JEFFERSON STREET, SPOKANE, WA 99260. (Sections 4.25.090 and 4.25.100 of the Spokane County Zoning Ordinance) rp