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HomeMy WebLinkAboutVE-52-88ZONING ADJUSTOR SPOKANE COUNTY, WASHINGTON IN THE MATTER OF A YARD SETBACK AS IT OF SWIMMING POOL. TERRY WYNIA COMPANION FILES: VARIANCE FROM FRONT ) RELATES TO LOCATION ) FINDINGS, CONCLUSIONS [VE-52-88]; ) AND DECISION ZE-49-87 & ZE-48-72 ) SUMMARY OF APPLICATION: The applicant wishes to locate a swimming pool fourteen (14) feet from the front yard property line of Mallon Avenue for a near, but existing, motel business. Sections 3.0 (Accessory and Structure) and 6.28.325 (1) of the Spokane County Zoning Code require a thirty-five (35) foot setback from the front yard property line for a swimming pool. Authority to consider and grant such a request exists pursuant to Sections 3.0 (Variance) and 4.08.080 of the Spokane County Zoning Code. PROJECT LOCATION: The proposal is generally located in the Spokane Valley, north of and adjacent to Broadway Avenue, west of and adjacent to Dyer Road, and more specifically immediately adjacent to Mallon Avenue on the north side of the property, in portions of the N Yz of Section 13, Township 25N, Range 43EWM. The Assessor's parcel numbers are 13532-1431, -1432, -1433, -1435, and -1428. The property address is E. 6317 Broadway Avenue. DECISION SUMMARY OF THE ZONING ADJUSTOR: Based upon the evidence presented and circumstances associated with the project proposal, the Zoning Adjustor APPROVES the variance as set forth, including the landscaping plan as substantially set forth in the approved site plan. 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 August 30, 1988, rendered a verbal decision on August 30, 1988 and rendered a written decision on September 8, 1988. FINDINGS OF FACT 1. The project location is as set forth above under PROJECT LOCATION. 2. The proposal consists of an existing new motel (Comfort Inn), located on a combined ownership with the older motel complex (Broadway Motel) immediately to the east. The building structures have been architecturally integrated with one another. The applicant received a zone change (ZE-49-87) for the western portion of the block upon which the newer motel facility is built. The motel facility incorporates landscaping, a parking lot, an extensive grassed drainfield area and is built to the limits of the setbacks. The property is developed in a "through -the -block" fashion on narrow lots which reach from Mallon to Broadway. Consequently, the front yard setback requirements of thirty-five (35) feet exist on both Broadway Avenue and Mallon Avenue. The applicant's original plans for a swimming pool fronting on Broadway were dropped earlier in the project review when it was learned that a variance would be needed to accomplish a swimming pool in the Broadway Avenue front yard. Alternatives were considered, including the pool being located in the older motel complex to the east, but limited space exists for that due to a drainfield located beneath the parking lot, partially in the area where it would be most desirable to locate a pool. Hence, the motel was constructed and a swimming pool later became desired by the actual lessor of the motel complex (Comfort Inn). The only area of the site which was not committed to a required amenity, such as a drainfield site, required parking (both for CASE NO. VE-52-88; Wynia SPOKANE COUNTY ZONING ADJUSTOR PAGE 2 automobiles and tractor trailers) and 208 Storm Water Management areas, is the area immediately adjacent to the south and north ends of the motel building. The site plan on file adequately shows the pool located at the north end of the motel, the proposed six (6) foot fencing, the sun-bathing area around the pool, landscaping to the east, west and north of the pool. The introduction of the pool to the previously approved site plan of ZE-49-87 only slightly modifies the site plan, not reducing the parking for tractor trailer rigs and automobiles below the minimum required by the Zoning Code and the zone change decision of the Hearing Examiner Committee. 3. The adopted Spokane County Future Land Use Plan designates the area of the proposal as Industrial, which embraces a motel use in association with a primary arterial, the nearby freeway interchange and the heavy volume of trucking activity in the immediate area. 4. The site is zoned B-3, which allows the proposed use upon approval of this application. The project otherwise remains subject to the underlying zone change, ZE-49- 87. 5. The existing land uses in the area of the proposal include all manner of industrial, manufacturing and commercial activities commiserate with the Broadway trucking and transportation hub associated with the Broadway Interchange of Interstate 90, all of which are compatible with the proposal. Specifically, the uses immediately to the north, or across Mallon Avenue are generally considered to be, or will be in the future uses which will not be adversely affected by the swimming pool activity being located a minimum of fourteen (14) feet from the Mallon property line, as opposed to thirty-five (35) feet from the Mallon property line. The applicant has proposed shrubbery and fencing higher than the five (5) foot minimum required to surround a swimming pool in an effort to screen the harsher land use activities which would ordinarily be visible or highly be visible from this swimming pool area. 6. The Broadway right-of-way is sixty (60) feet and the Spokane County Arterial Road Plan requires one hundred (100) feet of right-of-way for a principal arterial. An additional twenty (20) feet of land may need eventually to be taken from the motel complex on the Broadway frontage. Presently, that area is free of any substantial permanent improvements and its possible need in the future thoroughly eliminates any of that area as a possible alternative site for the pool or any other permanent activities. 7. The older motel complex immediately to the east has a twenty (20) foot setback on Mallon. The reason for this is either that the previous Zoning Ordinance only required 20 feet, or that the building may have been set back thirty-five (35) feet and then the Mallon Avenue right-of-way widened. At any rate, the north edge of the "offending" swimming pool is approximately six and a half (6-Yz) feet farther into the now required thirty-five (35) foot front yard than the existing motel structure immediately to the east. 8. The applicant was advised of the likely necessity to reserve for future acquisition, up to twenty (20) feet of the property fronting on Broadway. 9. The problem/solution of constructing a new motel adjacent to the old motel was complicated by the requirement to seek a new zone from the Spokane County Zoning Code, thus accentuating the difficulties of siting all of the desired features of a motel on the relatively small piece of property on the west end of this block. Traditionally, the reason for locating swimming pools outside of the front yard and flanking street yard areas is to reduce the distractive impact which swimming pool activity can have on the adjacent vehicular traffic areas. 10. The property was originally divided into residential sized parcels, apparently anticipating residential development or small shop development for the area. The nature of the area now is that it has developed into large land uses, with many of them occupying substantial portions or all of entire blocks. The older plat with its smaller lots presents certain liabilities to development of large projects. 11. The swimming pool management policy of the Comfort Inn is reported by the applicant to allow swimming from 10:00 a.m. to 10:00 p.m. This would be accompanied by some illumination after dark. In Tight of the likely prospective land uses to the north, it is hard to imagine land uses that would be disturbed by a couple of hours of evening illumination and the limited evening swimming pool activity. 12. Nearly all Spokane motel complexes have swimming pools. CASE NO. VE-52-88; Wynia SPOKANE COUNTY ZONING ADJUSTOR PAGE 3 13. The proposal is exempt from the provisions of Chapter 43.21C RCW pursuant to WAC 197-11-800 (b). 14. The applicant has been made aware of the recommendations of various County/State agencies reviewing this project and has indicated he can comply with those recommendations. 15. No one appeared to oppose the proposal nor were any written comments adverse to the proposal received. There are no opponents of record. 16. The proper legal requirements for advertising of the hearing before the Zoning Adjustor of Spokane County have been met. 1 7. 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. There are no circumstances against which to assess special privileges, as there is no comparable situation in the vicinity and similar zone. 3. 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 uniqueness of the older subdivided lots, the recent establishment of the Arterial Road Plan, the newer development in conjunction with the older existing Broadway Motel, the presence of the heavier class land uses on Mallon and Malion's lack of routine traffic all contribute to special circumstances applicable to the property. 4. Granting the variance will be neither materially detrimental to the public welfare nor injurious to property or improvements in the vicinity and zone. 5. Strict application of the zoning standards does create an unreasonable burden in light of the purpose to be served by the standards. The purpose for which the front yard standards for swimming pools was established, specifically to reduce the conflict between bathers and significant drive -by vehicular traffic, is not a situation to be reckoned with on Mallon Avenue. 6. The case for the variance was not supported by substantial reference to or reliance upon illegal or non -conforming precedent(s). 7. Granting the variance will not adversely affect the overall zoning design, plan or concept for either the immediate area or the entire County. 8. 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. 9. Granting the variance will not be inconsistent with the general purpose and intent of the Comprehensive Plan. 10. The granting of the variance will not result in de facto zone reclassification. 1 1 . The requested variance is not substantially for the purpose of circumventing density regulations designed to protect the Spokane Valley-Rathdrum Prairie Aquifer. 12. 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 CASE NO. VE-52-88; Wynia SPOKANE COUNTY ZONING ADJUSTOR PAGE 4 against imposing excessive demands upon public utilities and these shall be addressed as conditions of approval. 13. In order that the applicant or successor(s)-in-interest not perceive they can apply for a variance use of the Broadway front yard in the future due to the Arterial Road Plan and its potential need for twenty (20) feet of additional right-of-way on the south side of the property at Broadway Avenue, it would be in the best interest of the applicant and the County to have a Title Notice filed which clarifies the need to reserve up to twenty (20) feet of additional right-of-way on the north side of Broadway and that no additional improvements be made from this point on. New improvements made would not receive compensation if right-of-way were taken for an expansion of Broadway right-of-way. 14. 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. 15. 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 substantially as set forth on the approved plans and drawings contained in the file. 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, sh<.II 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. 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. Prior to sign -off by the Planning Department on the building permit application, a Title Notice acknowledged by the applicant shall be submitted to the Planning Department for filing in the Spokane County Auditor's Office which in effect states that the owner/applicant/successor(s)-in-interest recognize the reservation of up to twenty (20) feet of the entire property fronting on Broadway Avenue for possible future right-of-way acquisition and that it is understood that improvements henceforth added in this space will not be eligible for compensation in the event of acquisition. 2. The development of the swimming pool area, including the precise setbacks, shall be in substantial conformance to the approved drawings contained in the Planning Department file. Any deviation shall be only as authorized by the Zoning Adjustor or his/her equivalent. 3. The project is specifically tied to the landscaping plan shown on the approved site plan, including necessary irrigation and a turf area around the single tree east of the pool. 4. Except for this variance, the property shall otherwise remain consistent with the underlying zoning of ZE-49-87. CASE NO. VE-52-88; Wynia SPOKANE COUNTY ZONING ADJUSTOR PAGE 5 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. A building permit is required for the pool. The applicant is advised that fencing shall be minimally in conformance with Section 3.11.010 of Title 3 of the Spokane County Code. (NOTE: The fence is proposed by the applicant and required by the Planning Department decision to be six (6) feet in height.) Approved fence elevations and construction details are in the Planning Department files. 3. Since a large portion of the approval of the variance involves mitigating the impacts of the pool in the front yard area, the Department to Building and Safety will cooperate with achieving the landscaping plan and the approved fencing (attached), either by overseeing and inspecting or by coordinating with the Planning Department to fulfil that responsibility. Final inspection or a Certificate of Occupancy will be tied to installation of the required irrigated landscaping and fencing. IV. SPOKANE CITY PUBLIC WORKS DEPARTMENT 1. Since there is no additional installation of sanitary waste disposal systems required by the swimming pool, there should be no impact to the City's Future Sewer Service Area; however nothing in this decision shall absolve the applicant from participating in sewering in accordance with the Comprehensive Waste Water Management Plan for Spokane County, as amended. V. HEALTH DISTRICT 1. There is no impact to the sanitary waste disposal system, there are no conditions to be carried out by the Health District. VI. ENGINEERING DEPARTMENT None is applicable. VII. SPOKANE COUNTY FIRE PROTECTION DISTRICT #1 None is applicable. 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 APPUCANT IF THE PROJECT APPROVAL IS OVERTURNED OR ALTERED UPON APPEAL. DATED this 8th day of September, 1988. Thomas G. M. , AICP Zoning • .`�7► for Spokane Count , ashington FILED: 1 ) Applicant 2 ) Parties of Record 3 ) Spokane County Engineering Department 4 ) Spokane County Health District 5 ) Spokane City Public Works Department 6 ) Spokane County Department of Building & Safety 7 ) Spokane County Fire Protection District #1 CASE NO. VE-52-88; Wynia SPOKANE COUNTY ZONING ADJUSTOR PAGE 6 8 ) Planning Department Cross-reference File and/or Electronic File NOTE: ONLY THE APPIJCANT OR AN OPPONENT OF RECORD MAY FILE AN APPEAL 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) TGM/jh