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VE-35-60SPOKANE COUNTY PLANNING COMMISSION FINDINGS AND RECOMMENDATION REGARDING ZONING MAP CHANGE PROPOSAL, ZN -35 -60 •WHEREAS, An application has been presented to the .Spokane County Planning 'Commission by S. and F. Construction Company requesting that the zoning map be changed from the existing Agricultural Zone classification to the Rock Quarry, Sand and Gravel Pit Zone classification on the property generally located to the east of the existing County gravel pit and west of P.S.H. No. 3, and north of Mayfair Road, Spokane County, Washington, more particularly described as follows: The west one -half of the west one -half of the southeast one - quarter of the southwest one - quarter of Section 5, Township 26 North, Range 43 E.W.M., except the south 30 feet thereof. and WHEREAS, The Spokane County Planning Commission at its regular meeting held on October 27, 1960, and continued to October 31, 1960, did formally act said application be approved and upon said application and recommend to the Board of County Commissioners that • WHEREAS, At said hearing, opportunity was afforded those interested in presenting evidence both for and against the proposed zone change; and the Spokane County Planning Commission having fully considered the evidence and having made a personal inspection of the property in question on October 31, 1960, does hereby find: 1. That the property in question is generally located to the north of Farwell Road, west of P.S.H. No. 3, and east of the existing County gravel pit and contains approximately eleven acres. 2. That the property in question has been in the Agricultural Zone classification since July 7, 1944, and since that date has not been used for agricultural purposes. 3. That the existing land use is scrub forest area with no residential development to the north and east, County gravel pit to the west, and scrub forest with scattered single family dwellings to the south. 4. That there is a definite need for gravel pit operations in the northern part of the County, and at the present time there is not any Rock Quarry, Sand and Gravel Pit Zone classification in this area. 5. It is very unlikely that the property between the existing County gravel pit and the primary state highway would be developed for single family dwellings. 6. The Planning Commission has the right to hold a hearing as determined by a letter received from the Chief Deputy, of the Prosecuting Attorney's office dated October 28, 1960. NOW, THEREFORE, The Spokane County Planning Commission does hereby recommend to the Board 0/County Commissioners that the application of S. and F. Construction Company to change the zoning map from Agricultural to Rock Quarry, Sand and Gravel Pit Zone classification be approved for the following reasons and in the public interest subject to the following conditions: 1. Reasons: a. There is reason to believe that an error was made in the original zoning tif.the property in question in 1944. County records indicate that the adjacent property to the west was in use as a gravel pit in 1941 and should have been placed in the Rock Quarry, Sand and Gravel Pit Zone at that time. b. Conditions have changed since 1944. Spokane County in 1942 had an agreement to secure gravel from the adjacent property to the west on approximately a site of 1 acre; in September of 1943, a 5 acre site was purchased by Spokane County; in August of 1948 the site was expanded to 20 acres; and in June of 1951 the site was expanded to 40 acres. Immediately to the west of the County Pit the State of Washington has secured a site of approximately 35 acres. Inasmuch as the County and State governments have sites adjacent, it would seem , LL }, only appropriate that any, other sites for gravel pit operation should be located in the same vicinity so that the sites are not, scattered over the entire northern part of the County. 2. Conditions: a. All conditions as specified in Chapter 4.14 of Title 4. b. A bond in the amount of $5 „000.00 be posted with the County Engineer to assure rehabilitation of the site area. c.. Appropriate dust - arresting equipment be approved by the . County Engineer and Director of Planning prior to any excavation from the site. d. A Traffic -and Development Plan be prepared and reviewed by the County Engineer and Director of Planning showing points of access and egress and location :of temporary buildings. e. There shall be no sale of top soil. Such soil is to be stockpiled and used in the rehabilitation of the site area. DATED This 9th day of November; 1960. IWO and, BOARD OF COUNTY COMMISSIONERS FINDINGS AND ORDER REGARDING ZONING MAP PROPOSAL. WHEREAS, Petitions have been presented to the Spokane County Planning Commission by Walter Campbell requesting that the zoning map be changed from the existing Multiple Family Suburban. Zone classification to the Local Business Zone classification on property generally located to the northwest corner of the intersection of University Road and Sprague Avenue, Spokane County, Washington, more particularly described as follows: The S 1/2 of Block 148, Opportunity, except the North 110.5 .feet in Section 17, Township 25 N., Range 44, E.W.M. of Spokane County, Washington. WHEREAS, the Spokane County Planning Commission at its regular meeting held July 7, 1955, did formally act upon said petitions and did recommend to the Board of County Commissioners that said petitions be approved, and WHEREAS, The Board of County Commissioners did, on the 26th day of July, 1960, hold a public hearing on the recommendation of the Spokane County Planning Commission of requested re- zoning of said property, • and WHEREAS, At said meeting, opportunity was afforded those favoring and those opposing said proposed zone change; and the Board of County Commissioners, having fully considered the official records and minutes of the Spokane County Planning Commission, and evidence, and having made a personal inspection of the property in question, and having made investigation of the matter, does hereby find: 1. That the property in question is generally located to the northwest corner of the intersection. of University and Sprague Avenues and contains approximately 3 acres. 2. That the property in question has been in. the Multiple Family Suburban Zone classification. since September 22, 1939. 3. Substantial commercial development has taken place in the immediate vicinity of the property in question; i.e., major shopping center to the south, ,conversion of a large, home into a .beauty shop to the east, and major shopping facilities to the southeast, . 4. Traffic volume; on University Road,in 1960 is approximately. 1,850 cars. average daily count. NOW, THEREFORE, The. Board of County Commissioners does hereby concur the the Commission and hereby approves the petition of the above applicant to change, the said. described, property from the Multiple Family Suburban.Zone classification to. the, .Local Business Zone classi- fication for . the following reasons and subject.to. the .following .conditions: Reasons: 1. The proposed use of the property in question for commercial purposes is. riot in conflict but is in harmony with preliminary: comprehensive plan for the Spokane Valley. .B., Conditions: to be generated by the commercial de DATED This 26th day of July, . 7 .. 2. The_ applicant can no longer make a reasonable return from or reasonable use of the property in question under the existing zone classification. 1. In the public interest and to lessen traffic congestion and • accidents, the zone change is approved subject to the following conditions: A Traffic and Development Plan , shall be prepared to assure road widening, defined points of access and' egress. b. Dedication to Spokane County of,15 feet to widen University Road, such dedication to aid in lessening traffic congestion expected velopments. , 1960. BOARD OF COUNTY COMMISSIONERS OF SPOK NE,COUNTY,., ' HINGTO B. Condition: C. General Data: MINUTES, AUGUST 15, 1960 ZONING ADJUSTER VARIANCE 2. VN- 35- 60..F'ront Yard Setback Zoning Adjuster Decision: Approved for the following reasons and subject to the Yellowing condition. A. Reasons: 1. The difficulty requiring a variance would apply to the property in question regardless of the owner due to the location of the existing structure on the land. ' 2. The difficulty requiring a variance is not the result of an illegal act upon the part of the applicant. 3. The difficulty requiring a variance is not the result of personal conditions of the applicant. 4. The difficulty requiring a variance is due to unique circumstances related to the property in question and is not the general condition of the surrounding and adjacent properties. 1. The variance is granted to July 1, 1961, and if the applicant has not secured a building permit by such date, the variance permit sbAll become null and void. 1. Location: Section 17, Township 25 N., Range 44, E.W.M. Lot 3,Block 2 of Madden's Subdivision 7_. Applicant: Richard E. Tenney . East 10410'Sinto Spokane 62, Washington 3. Site Size: 11,318 square feet 4. Existing Zoning: Agricultural Suburban 5. Variance Requested: To be permitted to build a carport 20'feet from the front property line, whereas the Zoning Ordinance requires'a 25 foot setback 6. Application of Zoning Provision: Chapter.4.05, Section 4.05.110- b-(1). AGENDA, AUGUST 15, 1960 ZONING ADJUSTER, SPOKANE COUNTY PLANNING CONNISSION Time Place: Mondry, August 15, 1960, 1 :00 P.M. Aese2zbly Roam, County Court House VARIANCE 2. VE. X5.60. FrontYaard Setback a. Site investigated by Planning Commission Staff b. Location: Soction 17, Township 25 N., Range 44, E.W.M. Lot 3, Block 2 of Madden °s Subdivision c. Applicants Richard E. Tenney East 10410 Sinto Spokane 62, Washington d. Site Sizes 11,18 square feet e. Basting Zoning: Agricultural Suburban f. Variance Requested: To be permitted to build a carport 20 feet from the front property line, whereas the . Zoning Ordinance requires a 25 foot setback. a. Application of Zoning Provision: Chapter 4.05, Section 4.05.110 -b-(1) L 2 1" =160 SPOKANE COUNTY PLANNING COMMISSION •• VARIANCE APP LI� CA1 O As Provided by Sects. - J. • -runty Zoning Ordinance Name: Richard E. Tenney • •'i ?KANE CO JUL2 9 1960, ti CASE NO. V L . 2 6,6 DATE July 28, 1960 (THIS APPLICATION IS NOT ACCEPTABLE UNLESS ALL REQUIRED STATEMENTS HAVE BEEN MADE) (2) Phone: Wa. 6 -5905 (1) (3) Mailing Address: 810410 8lnto Rpnlrnne R2 Wnahi nj nn (4) Street Address of the Property in Question: E10410 Sinto. Snokane 62. Wnsh. (5) Legal Description of the Property: L.ot ij Ba Madden Snh P n£ m_r 27 a 82.2 X137.67 X82.2 X 137.72' X (6) Site Size: 1,318.94 Sq. Ft. (Sq. Ft.) (7) Zone in which the Property is Located: g— 1 4c lf, c ua rr r e ,o u ,4. (8) Provision of the Zoning Ordinance from which a Variance is Requested: The ordinance which requires that all construction be placed 25' in from the front property line. (9) In what way does applicant wish to vary from above provision? We would like to be granted,permi anio +n bui a nor__ p r.t within 0 n£ +h • o . . • a (10) CONDITIONS FOR A VARIANCE. You must answer ALL off the following questions: (a) Would the difficulty apply to the property regardless of the owner? Yes. The house is placed 41' from the_fr_ont nronerty 1j3111. Thr fprripr garage was converted into a dining room. Now, in order to build an adequate carport, the construction would have to come within 20' of the lot line. (b) Is your request for a variance the result of an illegal act on your part? No, it is not. (c) Is your particular difficulty due to unique circumstances such as lot size or shape, topography which is not the general condition of the neighborhood? —NO.. (d) Does your request for a variance arise from some provision of the Zoning Ordinance? Ye,3 oned. ordinance ui ch. st ate a—that_co can not be placed closer than 25' of the front property lint. (Continued on next page) (e) Does the difficulty relate to the premises for tho benefit of which the variance is sought and not to other premises or personal conditions? Yes. (11) Who holds title to the Property? Northern Life Insurance Company If more than one owner, an attached list of names, addresses, and legal descriptions must be submitted with this application. (12) A plot plan or sketch must be attached showing the locations of proposed and existing structures and uses and dimensions. (13) The necessary fee must accompany this application. I, the undersigned, understand that this application must be complete and accurate and that all the above requirements must be complied with before a request may be advertised for a public hearing and that the Planning Commission may request additional pertinent information. IF APPROVED, CONSTRUCTION IS NOT AUTHORIZED UNTIL LAND USE OR BUILDING PERMIT IS ISSUED BY BUILDING CODE DEPARTMENT. Application completed. Date Date of Public Hearing before Planning Commission ACTION BY PLANNING COMMISSION: Page 2 Variance Application July, 1959 Signature of Applicant • - / C . Do not write below this line, j NAME ADDRESS LEGAL DESCRIPTION OF PROPERTY /7 - 012 --=I 3ao A 1 1 - I / /o 4 1 /1 07 0 /d sL -)--, ode 802 1 I , 1\2 .. S ei � " /611 *30 it 3Q SPOKANE COUNTY PLANNING COMMISSION COUNTY COURT HOUSE SPOKANE 1, WASHINGTON APPLICATION: L - 3, - 6 0 PROPERTY OWNERS LOOKED UP BY: 4.02 AGENDAS MAILED BY: DATE: 09 - et - L "a. 4 ei YJ ( AvmAi.y')sno gen-PviT vLs• --- 70tr.:7/ •7 ,t't2