ZE-100-79 (2)AGENDA, MAY 17, 1979 TELEPHONE NO.: 456 -2205
SPOKANE COUNTY ZONING HEARING EXAMINER COMMITTEE
Time: Thursdayy 17, 1979, 8:30 A.M.
Place: Broadway�Centre Building, Second Floor
North 721 Jefferson Street, Spokane
ZONE RECLASSIFICATION
2. ; ZE- 100 =79% Agricultural to Agricultural Suburban
or oP a r4
a. Location: �� ` Section 14,Township 25 N.,Range 44,E.W.M.
Parcel #14542 -9043 - NW 1/4; Beginning at SW corner; thence
N 332.22 feet; thence E 98.36 feet; thence S 332.2 feet; thence W 98.35 feet
to POB, EXCEPT W 20 feet and EXCEPT S 20 feet.
Parcel 414542 -9044 - 98.36 feet E and 332.22 feet N of SW corner
of SE 1/4 of NW 1/4; thence E 100 feet; thence S 332.17 feet; thence W 100
feet; thence N 332.2 feet to POB, EXCEPT S 20 feet.
Parcel 414542 -9045 - W 1/2 of SE 1/4 of NW 1/4 EXCEPT W 198.35
feet of S 332.22 feet and EXCEPT part lying N of Sly line of Mallon Avenue,
extended Ely.
Parcel #14542 -9046 - E 1/2 of W 1/2 of SE 1/4 of NW 1/4 EXCEPT
N 1,090 feet.
b. Vicinity Location: North of Broadway and east of Best Road.
C. Applicant: Bedri Saad
East 14301 Broadway Avenue
Spokane, WA 99216
d. Site Size: 3.96 Acres
e. Existing Zoning: Agricultural, established March 27, 1942
f. Proposed Zoning: Agricultural Suburban
g Proposed Use of Property: Residence
h. Application of Zoning Provision: Chapter 4.21, Section 4.21 .045
i. Environmental Impact: A topic of discussion at this hearing may be
whether the Hearing Examiner Committee
has adequate information to assess the
adverse environmental impacts of the proposal.
The State Environmental Policy Act WAC 197 -10- 330(2) provides that:
"... In the event that the further investigations authorized by this section
do not provide information reasonably sufficient to assess any potential
adverse environmental impacts of the proposal, an E.I.S, shall be prepared."
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STAFF ANALYSIS May 17, 1979 17
ZE- 100 -79, AGRICULTURAL TO AGRICULTURAL SUBURBAN SAAD
I. FINDINGS OF FACT
a. Zone Classification
1. North:
Two Family Residential,
established,
1967
Residential and vacant
Agricultural Suburban,
established,
1961
Family
Agricultural, established, 1942
3.
2. West:
Two Family Residential,
established,
1967
3. South:
Agricultural Suburban,
established,
1958
4. East:
Agricultural Suburban,
established,
1961
and Single Family Residences
Agricultural, established,
1942
b. Land Use
1.
Site:
Single
Family
Residential and vacant
2.
North:
Single
Family
Residential and vacant
3.
West:
Single
Family
Residences
4.
South:
Single
Family
Residences
5.
East:
Vacant
and Single Family Residences
C. Development Plan - No development proposed at this time.
d. Regional Comprehensive Plan - 1968
The Plan Map has designated this area appropriate for residential
development.
e. Compliance with SEPA:
The Planning Department staff has proposed a final declaration of
non - significance and therefore, recommends that a final declaration of
non - significance be issued.
II. REVIEWING AGENCY COMMENTS:
a. County Engineer's Office:
The County Engineer's Office has requested the following be considered if
the rezone is approved:
NOTE: All required improvements shall be built to meet or exceed
minimum County construction standards.
1. No requirements at this time.
b. Spokane County Health District
No requirements at this time.
(continued)
S
27
STAFF ANALYSIS
May 17, 1979
ZE- 100 -79, AGRICULTURAL TO AGRICULTURAL SUBURBAN SAAD
C. County Fire Marshal's Office: Fire District #1
Installation of fire mains and hydrants to be in accordance with the
requirements of the Spokane County Fire Marshal.
Access and circulation plans for emergency vehicles to be approved prior
to building permit issuance.
d. Water Purveyor
No requirements at this time.
III. CONDITIONS
If the Zoning Hearing Examiner approves this request, the following conditions
should be considered:
a. Applicant will be required to apply for a change of conditions hearing
for any future development.
b. That the provisions of SEPA's Notice of Action pursuant to 43.21c.080 RCW
and the Board of County Commissioners' Resolution 777 -1392 be
accomplished by the applicant within thirty (30) days of formal action by
the Board, as instructed by the Planning Department staff.
3sZ Vo
(continued)
File No. ZE- 100 -79
SPOKANE COUNTY
HEARING EXAMINER COMMITTEE
FINDINGS AND ORDER
A. INTRODUCTION
This matter having come before the Examiner Committee on May 17, 1979, and
the members of the Committee present being Kenneth Kennedy, Chairman, Abby
Byrne and John Culler and there being the following persons present who wish
to request approval of a Zone Change; for a Zone Reclassification, Agricultural
to Agricultural Suburban for the purpose of a residence.
B. FINDINGS OF FACT
1. That the existing land use in the area is generally residential and vacant
property.
2. That the Comprehensive Plan designates this area as appropriate for
residential development.
3. That the existing zoning of the property described in the application is
Agricultural.
4. That the provisions of RCW 43.21C (The State Environmental Policy Act)
have been complied with.
5. That the proper legal requirements for advertisement of the Agenda Item
have been fulfilled.
6. That this proposal is not in conflict with the provisions of adopted regula-
tion.
7. That the land in this area is suitable for the proposed use, or uses within
the proposed Zone Classification.
8. That the proposed use is compatible with existing uses in the area.
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v File No. ZE- 100 -79
9. That the owners of adjacent lands expressed both approval and disapproval
of the proposed use.
10. The Hearing Examiner Committee finds the proposed use to be in harmony
with the general purpose and will not be otherwise detrimental to the public
health, safety, and welfare.
11. The following are additional findings of fact considered by the Hearing
Examiner Committee:
a) The Committee finds that because of objection from neighboring
property owners, the area to be rezoned should be only parcel number
14542 -9043.
C. ORDER
The Hearing Examiner Committee, pursuant to the aforementioned, finds that the
application of Bedri Saad for a Zone Reclassification, Agricultural to Agricultural
Suburban as described in the application should be approved.
Special conditions or contingencies applied to motion:
a. County Engineer's Office:
The County Engineer's Office has requested the following be considered if
the rezone is approved:
NOTE: All required improvements shall be built to meet or exceed
minimum County construction standards.
1. No requirements at this time.
b. Spokane County Health District
No requirements at this time.
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File No. ZE- 100 -79
C. County Fire Marshal's Office: Fire District #1
Installation of fire mains and hydrants to be in accordance with the
requirements of the Spokane County Fire Marshal.
Access and circulation plans for emergency vehicles to be approved prior to
building permit issuance.
d. Water Purveyor
Vote: Unanimous
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No requirements at this time.
e.
That the provisions of SEPA's Notice of Action pursuant to 43.21c.080 RCW
be accomplished by the applicant within
thirty (30) days of formal action by
the Zoning Hearing Examiner Committee as instructed by the Planning
Department staff.
f.
That the Hearing Examiner Committee
after hearing all testimony and a
review of the staff analysis adopts
the proposed declaration of non -
significance and directs the chairman
of the committee to sign the final
declaration of non - significance.
g.
County Engineer shall review proposed
development plans prior to issuance
of any building permits.
h.
Only parcel #14542 -9043 shall be rezoned to Agricultural Suburban.
Motion by: Culler Seconded
by: Byrne
Vote: Unanimous
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ATTEST:
FRED L. DAYHARSH
Planning Director
By:
File No. ZE- 100 -79
HEARING EXAMINER COMMITTEE
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Chaff man