VE-196-79ZONING ADJUSTOR FINDINGS & ORDER
Hearing: November 14, 1979
Decision Made: November 21,1979
Findings Written: December 4, 1979
VARIANCE
VE-196-79 FRONTAGE REQUIREMENT
ZONING ADJUSTOR DECISION: After public testimony and review, the decision
of the Zoning Adjustor is to approve with modification the applicant's request for a
residential lot not in conformance with the 100 foot of continuance road frontage as
required by the Spokane County Zoning Ordinance. The decision is to approve the
division if said decision is made with at least 30 feet of continuous frontage along a
public street.
A.
FINDINGS: Pursuant to Section 4.25.030 of the Spokane County Zoning
Ordinance, the Zoning Adjustor has the responsibility of determining that the
granting of this application will not be detrimental to the surrounding
properties. In assuring compatibility, the Zoning Adjustor based his decision
on the testimony presented at the above noted Zoning Adjustor Hearing as well
as criteria set forth in the Spokane County Zoning Ordinance for review of this
application. The Zoning Adjustor hereby finds the following:
1. The applicant had requested a variance to allow access to a parcel of land
via means of a 10 foot easement. However, the Zoning Adjustor found that
this request would not be consistent with other properties in the vicinity
and that a division of land for residential purposes in the opinion of the
Zoning Adjuster should have frontage on a public street.
2. This action, therefore, is not the granting of a special privilege inconsis-
tent with the limitations upon other properties in the vicinity and zone
which the subject property is located.
3. It is found that the strict application of the Zoning Ordinance would de-
prive the applicant of right and privileges enjoyed by other properties in
the immediate area. It is noted that the parcel adjacent to the subject
property on the West side is similar in size and has approximately 45 feet
of continuous frontage. From review of the Assessor's Section Map (S't
Sec. 13, Tp. 25 N.R. & 14 EWM), there are many residential parcels with
nonconforming frontages.
4. It is found that the division is not resulting in a density would be incom-
patible with other divisions in the vicinity. There are divisions ranging
from 10,400 feet to 5 acres in size within 300 feet of the subject property.
Generally most divisions are smaller in area than that being created by the
applicant.
5. It is found that the granting of the variance will not be materially detri-
mental to the public welfare or injurious to the property or improvements
in the vicinity.
6. The Zoning Adjustor received testimony in opposition to the proposed
residential use of the property (mobile home). However, such uses are
permitted outright in the Agricultural Zone and therefore not an issue to
be considered by the Zoning Adjustor. The concern of the Zoning
Adjustor is to determine that this action will not result in a lot which is
unable to support a single family residence. It is noted that the proposed
lot can accomodate onsite sewage (memo dated November 7, 1979 Spokane
County Health District) and water is available from Vera Irrigation
District.
B. ORDER:
In order to insure that this action will not be detrimental to the surrounding
properties, the following conditions are being imposed:
1. The applicant shall segregate his property in a manner as to create the
new division having at least 30 feet of continuous road frontage for access
along Valley Way. The frontage shall be along the East side of the subject
property. The applicant shall submit to the file evidence that the
required segregation has been made.
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VARIANCE
2. The proposed residence shall be located in substantial conformance to the
plot plan on file with this application and shall observe all setback
requirements of the Zoning Ordinance.
3. There shall be no further segregation of this parcel unless, such divisions
are made in compliance with Chapter 58.17 RCW and County ordinance gov-
erning the subdivision and re -subdivision of lands.
4. In order to validate this Order, the applicant shall execute an indeminity
agreement with Spokane County to bring the subject property into confor-
mance with Chapter 58.17 RCW.
C. PARTIES OF RECORD:
NEUTRAL: Lee Smith
East 15701 Valley Way
Spokane, WA 99037
D. GENERAL DATA:
a. Location and Legal Description:
b. Applicant:
c.
d.
e.
f.
Site Size:
Proposed Use:
Existing Zoning:
Variance Requested:
g. Application of Zoning Provision:
OPPOSITION: Daniel J. Cox
East 15703 Valley Way
Spokane, WA 99037
Section 13, Twn 25, Range 44
E of W 11 and E 10 feet of W
Block 22.
Frank and Susan E. Street
Veradale, WA 99037
Approximately 2.54 acres
Single family residence
Agricultural
The Spokane County Zoning Ordinance
requires 100 feet of continuous road
frontage for residences in this zone
whereas the applicant proposes access
via means of a 10 foot easement.
Chapter(s) and Section(s) 4.04.404
EWM Vera
1 of W �
d( iuv—..
THOMAS L. DAVIS, Zoning Adjustor
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