CUE-1-99SPOKANE COUNTY HEARING EXAMINER
RE: Conditional Use Permit for )
a Home Industry in the )
Urban Residential 3.5 (UR-3.5) Zone )
Applicant: Anita Royce )
File No. CUE-1-99 )
FINDINGS OF FACT,
CONCLUSIONS,
AND DECISION
I. SUMMARY OF PROPOSAL AND DECISION
Proposal: Application for a conditional use permit for a home industry in the existing Urban
Residential-3.5 (UR-3.5) Zone pursuant to Section 14.616.240(4) of the Spokane County
Zoning Code, to allow the operation of a frame shop.
Decision: Approval, subject to conditions.
II. BACKGROUND/FINDINGS OF FACT
The Hearing Examiner has reviewed the conditional use permit application and the
evidence of record and adopts the following findings of fact and conclusions:
A. GENERAL INFORMATION:
Applicants and Legal Owner: Anita Royce, 3007 North Park Road, Spokane, WA, 99212
Site Address: Same as above.
Location: At the northwest corner of Rutter Avenue and Park Road. In the Northeast 1/4 of
Section 12, Township 25 N., Range 43 E.W.M. Spokane County, Washington.
Zoning: Urban Residential-3.5 (UR-3.5) The site is also located within the Aquifer Sensitive
Area Overlay Zone.
Comprehensive Plan Category: The property is designated in the Urban category of the
Spokane County Generalized Comprehensive Plan. It is also located inside the Interim Urban
Growth Area (IUGA), the Priority Sewer Service Area (PSSA), and within the Public
Transportation Benefit Area (P [BA).
Environmental Review: A Determination of Nonsignificance (DNS) was issued by the County
on June 4, 1999.
Site Description: The subject property is irregular in shape and contains approximately 16,472
square feet in area. It has access via a driveway from Rutter Avenue. The site contains a single -
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CUE-1-99 Page 1
family home as well as a garage, fencing, and landscaping. The proposed frame shop is to be
located south and slightly west of the existing single-family residence.
Surrounding Conditions: The site is located on the northwest corner of Rutter Avenue and
Park Road. The surrounding property is all zoned UR-3.5, the same as the subject property.
Most of the land uses in the area are single-family residential uses similar to the subject property.
There is a railroad right-of-way, a neighborhood business zone, and a church located to the south,
but the majority of the uses are single-family residential uses.
Project Description: The applicant seeks a conditional use permit in order to build a detached
shop and establish a home industry within. The industry will consist of the construction of custom
picture frames and will have a small number of customers visiting the site. The detached shop will
be approximately 1,200 square feet and will be screened from adjacent properties by fencing.
There is also a small parking area planned near the shop, which will be accessed from Rutter
Avenue. The applicant estimates that only two to three customers per day will visit the site,
however.
B. PROCEDURAL INFORMATION:
Applicable Zoning Regulations: Spokane County Zoning Code Sections 14.404.101, and
14.616.240(4).
Hearing Date and Location: June 23, 1999, Spokane County Public Works Building, Lower
Level, Commissioners Assembly Room, 1026 West Broadway, Spokane, WA.
Notices: Mailed: June 2, 1999
Published: June 4, 1999
Site Visit: None made.
Hearing Procedure: Pursuant to Resolution No. 96-0171 (Hearing Examiner Ordinance) and
Resolution No. 96-0294 (Hearing Examiner Rules of Procedure).
Testimony:
Tammy Jones
Division of Building and Planning
1026 West Broadway
Spokane, WA 99260-0240
Anita Royce
3007 North Park Road
Spokane, WA 99212
Items Noticed: Spokane County Comprehensive Plan, Spokane County Zoning Code, Spokane
County Code, and Resolution Nos. 96-0171 (Hearing Examiner Ordinance) and 96-0294
(Hearing Examiner Rules of Procedure).
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CUE-1-99 Page 2
C. CONDITIONAL USE PERMIT ANALYSIS
1 Approval Criteria The County Hearing Examiner Ordinance authorizes the Hearing Examiner,
in viewing conditional use permit applications, to grant, deny, or grant with such conditions,
modifications, and restrictions as the Examiner finds necessary to make a conditional use permit
compatible with the Comprehensive Plan and applicable development regulations.
To be approved, the conditional use permit must be shown to conform with the special
standards established for a home industry in the UR-3.5 Zone under Spokane County Zoning
Code Section 14.616.240(4) and the development standards of the UR-3.5 Zone. See Zoning
Code Section 14.404.101(2). The Code also requires the Hearing Examiner to place adequate
conditions and restrictions on the development to insure that the proposed use is compatible with
uses permitted outright in the zone. A request for a conditional use may be denied if it cannot be
shown that the requested use will be compatible with other permitted uses in the zone. Further,
Zoning Code Section 14.404.102 lists certain types of restrictions which may be attached to
conditional use permits in order to insure their compatibility with surrounding uses.
2. The Comprehensive Plan The proposal, as conditioned, generally complies with the
Comprehensive Plan, complies with the development criteria for a home industry set forth in
Zoning Code Section 14.616.240, and the development standards for UR-3.5 Zone as well as
other applicable regulations. Adequate conditions and restrictions have been attached to the
development of the home industry to insure that the proposal will be compatible with uses
permitted outright in the vicinity. The criteria for issuance of the conditional use permit under
Sections 14.404.101 and 14.404.102 have been met.
In the Staff Report, Staff analyzes this proposal's consistency with the Comprehensive
Plan. The site is located within the Urban Category of the Comprehensive Plan and Staff
concludes that it is generally consistent with that category. The Hearing Examiner finds this
analysis to be accurate and, hereby, adopts and incorporates the analysis herein. That analysis is
found in the Staff Report at page 4.
Staff has also analyzed the proposal's compliance with the development regulations found
in Section 14.616.240(4) of the zoning code. That analysis by Staff is found on pages 4 and 5 of
the Staff Report. Again, the Examiner finds Staffs analysis to be correct and, hereby, adopts
those Findings and Conclusions herein. The ordinance allows the Examiner to approve outside
displays or window displays, but the applicant has not proposed any such displays, so there will be
no approval of displays. Further, the ordinance allows the Examiner to make adequate provision
for parking, traffic, and storage requirements. The applicant estimates only two to three
customers per day, as a maximum, visiting this site. There is adequate off-street parking on the
site for that many customers. If parking becomes a problem, based on unforeseen circumstances
or a change in the intensity of this home industry over time, the Hearing Examiner may require
additional off-street parking. Therefore, the Hearing Examiner finds the requirements of the
ordinance have been met by the applicant.
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There were no adverse comments from any neighbors concerning this application.
III. DECISION
Based on the Findings and Conclusions above, it is the decision of the Hearing Examiner
to approve the proposed conditional use permit application subject to the following conditions:
Failure to comply with the conditions of this approval may result in revocation of this
approval by the Hearing Examiner. This approval does not waive the applicant's obligation to
comply with all other requirements of other agencies with jurisdiction over land development.
SPOKANE COUNTY DIVISION OF BUILDING AND PLANNING
1. All conditions imposed by the Hearing Examiner shall be binding on the "Applicant",
which term shall include the owner or owners of the property, heirs, assigns and
successors.
2. The proposal shall comply with the Urban Residential-3.5 (UR-3.5) zone, specifically
Section 14.616.240(4) and all other applicable chapters of the Spokane County Zoning
Code, as amended.
3. The applicant shall develop the subject property in strict conformance with the site plan
presented to the Hearing Examiner on June 23, 1999. All aspects of the concept and
proposal shall be binding on the development, including proposed use. Variations, to be
approved by the Director of the Division of Building and Planning/designee, shall only be
allowed to meet regulation standards and conditions of approval. Any other modification.
must be presented to the Hearing Examiner for review and approval.
4. The Division of Building and Planning shall prepare and record with the Spokane County
Auditor a Title Notice noting that the property in question is subject to a variety of special
conditions imposed as a result of approval of a land use action. This Title Notice shall
serve as public notice of the conditions of approval affecting the property in question. The
Title Notice should be recorded within the same time frame as allowed for an appeal and
shall only be released, in full or in part, by the Division of Building and Planning. The
Title Notice shall generally provide as follows:
The parcel of property legally described as is the subject of a land use
action by a Spokane County Hearing Examiner on June 23, 1999, imposing a
variety of special development conditions. File No. CUE-1-99 is available for
inspection and copying in the Spokane County Division of Building and Planning.
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SPOKANE COUNTY DIVISION OF ENGINEERING
1. A parking plan and traffic circulation plan shall be submitted and accepted by the Spokane
County Engineer. The design, location and arrangement of parking stalls shall be in
accordance with standard engineering practices. Paving or surfacing as approved by the
County Engineer will be required for any portion of the project which is to be occupied or
traveled by vehicles
2. Roadway standards, typical roadway sections and drainage plan requirements are found in
Spokane Board of County Commissioners resolution 95-0498 as amended and are
applicable to this proposal.
3. Applicant shall sign "Spokane County Notice to the Public Number 6" which specifies the
following:
The owner(s) or successor(s) in interest agree that in consideration of Mutual Benefits now
or to be hereafter derived, do for themselves, their heirs, grantees, assigns and successor(s)
in interest hereby request and authorize Spokane County to include the above described
property in a Road Improvement District (RID) and to support the formation of a Road
Improvement District for improvement of the road(s) described below by requesting and
authorizing Spokane County to place their name(s) on a petition for the formation of a Road
Improvement District pursuant to RCW 36.88.050, or by requesting and authorizing
Spokane County to cast their ballot in favor of a RID being formed under the resolution
method pursuant to RCW 36.88.030, and/or by not filing a protest against the formation of
a RID being formed under the alternative resolution method provided for in RCW 36.88.065
and Chapter 35.43 RCW.
If a RID is proposed for improvement of the road(s) described below, said owner(s) and
successor(s)further agree: (1) that the improvements or construction contemplated within
the proposed RID are feasible and (2) that the benefits to be derived from the formation of
the RID by the property included therein, together with the amount of any County
participation, exceeds the cost and expense of formation of the RID, and (3) that the
property within the proposed RID is sufficiently developed; provided, themselves, their
heirs, grantees, assigns and successor(s) shall retain the right, as authorized under RCW
36.88.090, to object to any assessment(s) on the property as a result of the improvements
called for in conjunction with the formation of a RID by either the petition or resolution
method under Chapter 36.88 RCW and to appeal to the Superior Court the decision of the
Board of County Commissioners confirming the final assessment roll; provided further, it is
recognized that actual assessments may vary from assessment estimate so long as they do
not exceed a figure equal to the increased true and fair value improvement(s) add(s) to the
property.
It is further acknowledged and agreed that at such time as a RID is created or any County
Road Improvement project is authorized by Spokane County, the improvements required
shall be at the sole expense of the owner(s) of property within the RID or served by the
improvements without any monetary participation by Spokane County.
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The RID waiver contained in this agreement shall expire after ten (10) years from the date
of execution below. This provision is applicable to Park Road and Rutter Avenue.
4. Approach permits are required for any access to the Spokane County Road system.
SPOKANE COUNTY DIVISION OF UTILITIES
1. Each new building shall be double plumbed with a dry side sewer for connection to future
area -wide wastewater collection systems. The double plumbed dry side sewer shall be
extended to the public right-of-way or as required by the Division of Utilities. To facilitate
connection to the future public sewer system double plumbing dry side sewer plans acceptable
to the Division of Utilities may be required.
2. Any water service for this project shall be provided in accordance with the Coordinated Water
System Plan for Spokane County, as amended
SPOKANE REGIONAL HEALTH DISTRICT
1. The sewage disposal method shall be as authorized by the Director of Utilities, Spokane
County.
2. Water service shall be coordinated through the Director of Utilities, Spokane County. Use of
private wells and water systems is prohibited.
3. Water service shall be by an existing public water supply when approved by the Regional
Engineer (Spokane), State Department of Health.
4. Subject to specific application approval and issuance of permits by the Health Officer, the use
of an individual on -site sewage disposal system may be authorized.
DATED this.24th day of June, 1999
«eg Smith
Spokane County Hearing Examiner Pro Tem
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