PRD-2020-0001 & VAR-2020-0001 Order Correcting.pdfPage 1 of 2
CITY OF SPOKANE VALLEY HEARING EXAMINER
Re: Preliminary Application by Diamond Rock Properties, LLC for a PRD for 19 townhouse units, one duplex, and one single family residence and a Variance for the reduction of the minimum lot size for a PRD
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ORDER CORRECTING ERRORS IN DECISION FILE NO. PRD 2020-0001 & VAR 2020-0001
PROCEDURAL INFORMATION
On December 15, 2021, the Hearing Examiner entered written Findings of Fact, Conclusions of Law, and Decision (“decision”) denying the applications for a Planned Residential Development (PRD) and Variance. The decision contains clerical errors that
should be corrected in the following manner: Within the “Findings and Conclusion” Section B.2 on page 9, in the first two paragraphs, replace the three occurrences of “Appellant” with “Applicant” as follows: The Applicant contends that the variance is justified due to two “special circumstances” affecting the site, namely the size of the property and its location. The Applicant contends that because the property is only 3.01 acres in size, a variance is necessary to develop the property to its full potential. See Exhibit 17. The Applicant further insists that the 150-foot setback from the stream effectively eliminates one-third of the property from development, a burden not shared by other properties in the vicinity. See id. In response, the City acknowledges that the proximity of Saltese Creek impacts the
development of the site. See Staff Report, p. 9. However, the Staff questions the Applicant’s claim that the buffer “eliminates” development activities within the buffer. See id. The City also argues that the proposed PRD will result in excessive density and
housing types that are not allowed in the R-3 zone. See id. The Applicant contests the City’s arguments concerning both density and housing types. See Exhibits 17 & 18.
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ORDER
It is ORDERED that the Hearing Examiner’s written decision dated January 15, 2021, is hereby revised as set forth above, to correct the clerical errors described above. The errors are minor or clerical in nature and have no effect on the substance of the Hearing Examiner’s decision. In addition, the correction of clerical or minor errors does alter or modify the appeal procedures applicable to this type of administrative proceeding. DATED this 19th day of January 2021.
Brian T. McGinn City of Spokane Valley Hearing Examiner
c/o City of Spokane Office of the Hearing Examiner 808 W. Spokane Falls Blvd. Spokane WA 99201
509-625-6010 hearingexaminer@spokanecity.org