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VE-37-61;r BOARD OP COUNTY COMMISSIONERS FINDINGS AND ORDER REGARDING ZONING MAP PROPOSAL 2E -37 -61 WHEREAS, Petitions: have been presented to the Spokane County Planning Commission by Beulah 13. Conran requesting that the Zoning Map be changed from the existing Agricultural sone classification to Commercial zone classification on property generally located to the southeast of the inter- section of Evergreen Road and Sprague Avenue, Spokane County, Washington, more particularly described as follows: Beginning 30 feet east and 351.2 feet south of the NW corner of Section 23, thence east 123 feet, thence north to a point 275.5 feet south of the north section line, thence east 248.65 feet, thence north 245.5 feet to the north section line, thence east 462.35 feet, thence south to the north R/W line of Chicago,. Milwaukee, and St. Paul Railroad, thence west 834 feet to the west section line, thence north. to P.O.B., all in Section. 23, Town- ship 25 N., Range 44, E.W.M., Spokane County, Washington. WHEREAS, The Spokane County Planning Commission at its regular meeting and public hearing held on September 28, 1961, did formally act upon said petition and did formally recommend to est Board of County Commissioners that said petition be denied, for reasons .stated in their recommendations of September 28, 1961, and official records, and, WHEREAS, An appeal on the recommendations of the Spokane County Planning Commission was filed on October 5, 1961, by Beulah B. Conran and her attorney, R. Max Etter, and, WHEREAS, The Board of County Commissioners of Spokane County did, on the 25th day of October, 1961, hold a public hearing on the recommendation of the Spokane County Planning Commission and the appeal thereon, and, WHEREAS, At said hearing conducted by the Board of County Commissioners, opportunity was afforded those favoring and those opposing said proposed zone change, and the Board of County Commissioners of Spokane County having fully considered the testimony given, the official records and minutes of the Spokane County Planning Commission, correspond- ence, and all other evidence, and having made a personal inspection of the property in question on October 31, 1961, and having made investigation of the matter, does hereby find: 1. That the' property in question is generally located to the southeast of the intersection of'Sprague Avenue and Evergreen Road. 2. That the property in question is about 10 acres in size and has been in the Agricultural zone classification since March 27, 1942. 3. The existing zone 'surrounding the property in question is as follows: north - 'Agricultural Suburban, east - Agricultural, south - Agricultural, and west Local Business and Agricultural. 4. The existing use of property surrounding the property in question is as follows: north - primary single family dwellings, east - scattered single family dwellings, south - agricultural uses and single family dwellings - and west - service station and grocery market. 5. The long range plan as developed by the County Planning Commission indicates that the property' in question is suitable for one of four types of commercial zone classifications. 6. Substantial investments have been made in single family dwellings in the area. NOW, THEREFORE, The Board of County Commissioners of Spokane County does hereby concur in the recommendation of the Spokane County Planning Commission and hereby denies the petition of Beulah B. Coman to change the Zoning Map from Agricultural to Commercial for the following reasons: 2 • 1. The principal permitted uses allowed in the Commercial zone classification could be detrimental to residential investments made in the immediate area of the property in question. 2. We see no reasons to substitute our judgment for that of the Planning COMMISS1011 in their recommendation that the property in question, because of its location and proximity to residential development, is suitable for the Local Business zone classification rather than the Commercial zone classification which has many permitted uses which could be obnoxious to the existing single family dwellings. 3. The proposed zone change to Commercial is not based on the advancement of the public health, safety, and general welfare. DATED This 6th day of November, 1961. • BOARD OP COUNTY COMMISSIONERS • OF SPOKANE COUNTY, WASHINGTON u , U N T Y O F S P O K A N E S P O K A N E , W A S H I N G T O N SPOKANE COUNTY PLANNING COMMISSION Case Ne.VE-37 - Date :Nov. 17, 1961 CERTIFICATE OF APPROVAL FOR VARIANCE (1) Name: 'John C. Ely (2) Mailing Address: % Alvin J. Wolff Co., Inc., Eaet 11305 Sprague Avenue, Spokane, Wash (3) Legal Description of Property: The W 1/2 of the south 250 feet of the E 1/2 of the E 1/2 of Tract 150 of Opportunity, except the south 50 feet in Section 16, Township 25 N., Range 44, E.W.M. (4) Nature of Variance Requested: To permit an :Office building to. be built 10 feet from the side property line (west line), whereas the Zoning Ordinance requires a 20 foot setback. (5) Approved by Zoning Adjuster after public hearing on November 6, 1961 REASONS: 1. The difficulty requiring a variance would apply to the property in question regardless of the owner 2. The difficulty requiring the part of the applican 3. The difficulty requiring of the applicant. 4. The difficulty requiring the property in question and adjacent properties. CONDITIONS: 1. ATTEST; a variance t. a variance a variance and is not Beatrice V. Hills, Recording Secretary is not the result of an illegal act upon is not the result of personal conditions is due to unique circumstances related to the general condition of the surrounding The variance is granted to November 6, 1962 and if the applicant has not secured a building permit by such date, the variance permit shall become null and void. 2 JOJT N. PORTER, Director of Planni rg B. Conditions 0, General Data: EMtNlh'ES, e3VEPAMI 6, 1961 EoUItD ANUS= VARTAnCR 1. f1. Sid„n Yard Ve mnao Zoning Adjustor recision: Approved for the folloving reasons and subject to the following condition. A. Reasons: 1. The difficulty requiring a variance mould apply to the property in question regardless of the owner. 2. Tho 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 molt of persona/ condition 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 this surrounding and adjacent properties. 1. The variances is granted to tbbarjbor 6, 1962 and if the applicant has not secured a building permit by each data, the variance permit awall become null and void. 1. 1.escatiaras eV 1/2 of t� Township 2 f Range fth e 8 1/2 Ibb of the 8 1/2 of Tract 15) of Opportunity except the moth 50 feat. 2. Applicants John C. Ely Alvin J. 4Solf4 Co., Inc. East 11505 *rape Avenue . *$men, Washington 3. Site Sires 17,E square foot 4. Sainting Zonings Phltiple Family S1Aasrban 5. Variance R gaeateds To permit an office branding to be built 10 that from the side property line (moat line) whereas the Zoning Organ= requires a 20 foot wetback. Application of Zoning Provision: Chgetor 4.07, Section 4.07.130 -o-(2) Dr. John C. Ely % Alvin J. Wolff Co., Inc. East 11305 Sprague Avenue Spokane, Washington October 26, 1961 Dear Dr. Ely: The public hearing on your application for a variance has been definitely set for Monday, November 6, 1961, at 1 :00 P.M., in the office of the Spokane County Planning Commission, County Court House. It is essential that you, or your representative, be present at the public hearing as the Zoning Adjustor may desire information relative to your application. If you have any questions pertinent to the meeting, or your application, please feel free to contact this office. Enclosure: Agenda Page Auth. for Public Hearing MWP :bvh Sincerely yours, MERWIN W. PARKER Executive Secretary OFFICE OF TII S,POKAME COMITY ZONIIG ADJUSTOR AGr"DA, PUBLIC HEARIIO OF NOVEMBER 6, 1961 Times Placet VARIAMCE 1. V13.-- 17- 6_.,�,. S tt Y VG ante a. Locations Section 16, Township 25 H., Range 44, E.W.M. The W1/2 of the south 250 foot of the E 1/2 of the E 1/2 of Tract 150 of Opportunity, except the south 50 feet. b. Applicant: John C. Ely Alvin.J. ?hlff Co., Inc. :net 11305 Sprague Avenue Spokane, Washington c. Site Sizes 17,200 :square foot d. Exioting Zoning: Multiple Family Suburban e. V ance Rctquooten To permit an office wilding to be built 10 feet from tho side property line (wept iine), atxereas the Zoning Ordinance requires a 20 foot setback.. f. ,;. ition of Zoning Provisions Chapter 4.07, Section 4.07. 130=te(2) SPOKA E COU'ITY COURT HOUSE FA 8.1551, Ext. 220 - 221 Monday, November 6, 1461, 1100 P.M. Office of Spokane County Planning Commission REt NO. denSH (%4Bt2' SPOKANE. COUNTY PLANNING COMMISSION VARIANCE APPLICATION Court House, Spokane 1, Washington Date: Application No.: 1)( ^ ?7 L (THIS APPLICATION IS NOT ACCEPTABLE UNLESS ALL REQUIRED STATEMENTS HAVE BEEN MADE) (1) Name: � Qf�r/ C_ E `er (2) Phone: /J4-6 (3) Mailing Address: al. 4 &Jc.P'F Co. .LnIC. /Lk re j , 4 , 16J C. (4) Street Address of the Property in Question: l /0/,7 6.5P24ci e_ (5) Legal Description of the Property: lite uieN 'v tF -rift Soo Tit 'So FEE,- o -R{L 6 '/v cc-rut E '/i 0 F 7 - 24.cr / fo eePoknA rr-f (eah -4 0 r SPo Siia- re- aF Grigg p 4ycnv Et c.6.1 -rite SC"- ritt Co P $tieoF (6) Site Size: 17. Yea (Sq. Ft.) (7) (8) (9) In what way does applicant wish to vary from above provision? C, 4-wht. -ro /0 (10) F Zone in which the Property is Located: fUt - fiPLE SJm Lit? .04/4 Provision of the Zoning Ordinance from which a Variance is Requested: lo Fr S £e&i, PE ui e�v`r Stn. 14,t0 ■E0dhCa &Nr a letter f %'/Title Ipnf ice Company, h w f g the rop$ rty own of,record4 addre(s` , *Ain 130 in 0 et of(t_ he eierio undariespf subject. property, v (11) CONDITIONS /FOR A VARIANCE . You must answer ALL of the following questions. (a) Would the difficulty apply to the property regardless of the owner? '/t s (b) Is your request for a variance the'result of an illegal act on your part? go (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? `I e (d Does your request for a variance arise from some provision of the Zoning Ordinance? Yes (e) Does the difficulty relate to the premises for the benefit of which the variance is . sought and not to other premises or personal conditions? ett., re. 5 -to DI S gn1D 4 DA), Ail A t P, a P_'r_ r r r S (12) Who holds title to the property? If more than one owner, an attached list of names, be submitted with this applicant. (13) A clot plan or sketch must be attached showing the structures and uses and dimensions. (14) 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 Zoning Adjustor may request additional pertinent information. IF APPROVED, CONSTRUCTION IS NOT AUTHORIZED UNTIL LAND USE OR BUILDING PERMIT IS ISSUED BY THE BUILDING CODE DEPARTMENT. Application completed - Date ACTION BY ZONING ADJUSTOR: Page 2 Variance Applicant July, 1959 LIG gni L' EL-.4 Signature of Applicant Date of Public Hearing before Zoning Adjustor DO NOT WRITE BELOW THIS LINE addresses, and legal descriptions must locations of proposed and existing :Spokane County Elan :Commission County- Courthouse` • Spokane, Waehington�.. Attention: 'Mr. John'Porter, Director ,Deer Mr. Porter—C. Attached-is e request for a waiver allowing construction of-a 'physician's office to. ;be built within five:feet of the vest property. line : of . hie property. The basic -for this request, which we feel be reasonable uader.the circumstances, :will be. found under the following points : -. (1) Land adjoining subject property is also owned bq a physician who has converted an existing dwelling to a somewhat. ` similar professional use identified as en"R— Ray" office. . (2)' This applicant, in conjunction with a partner, Done a -parcel of land 'immediately adjoining parcel on its other two sides.(the third Bide being the street) 165 feet by approaimately:600 feet in sire, upon which-.it is their'intent to continue.to upgrade by building • additional similar type Improvements to that being conetruoted by the- - applicant. ,In this and to have an adequate street system to serve theseimprovements, it will be necessary -that subject building be allowed to -be located closer to its property line than present toning will allow.- If this is done, and upon completion- of.all' planned improvements, the roadway through total development will be of a vise which -could ultimately- he dedicated to the county for street • purpoeea and control._ _ (3) We-ere certain that a sensible improvement of this type is proper for the area in which it is located, and that this upgrading will not only_ strengthen the economic standards of the area, but it is needed in thia'.comminity.' 4. (4)_Lastly, such -- improvements; properly planned and executed; - should add - substantially to_the tax base of.the area. _ Itrie. our hope that the Plan-Commission, having made a study of"thia recommendation;_will that waiver of.thie type will be tor-the interests of the community. ' ` AJW /ev • Verq truly yours,' : ; ALVIN J. WOL"FF CO . , INC Alvin J. Wolff: � T ILL\ nnc• realtors o vv COMMERCIAL PROPERTY SALES AND DEVELOPMENT E. 11 305 SPRAGUE AVENUE • SPOKANE 63, WASHINGTON • TELEPHONE WALNUT 6 -9521 Spokane County Plan Commission County Courthouse Spokane, Washington Attention: Mr. John Porter, Director Dear Mr. Porter: Attached is a request for a waiver allowing construction of a physician's office to be built within five feet of the west property line of his property. The basis for this request, which we feel to be reasonable under the circumstances, will be found under the following points: (1) Land immediately adjoining subject property is also owned by a physician who has converted an existing dwelling to a somewhat similar professional use identified as an "X -Ray" office. (2) This applicant, in conjunction with a partner, owns a parcel of land immediately adjoining subject parcel on its other two sides (the third side being the street) 165 feet by approximately 600 feet in size, upon which it is their intent to continue to upgrade by building additional similar type improvements to that being constructed by the applicant. In order to accomplish this and to have an adequate street system to serve these improvements, it will be necessary that subject building be allowed to be located closer to its property line than present zoning will allow. If this is done, and upon completion of all planned improvements, the roadway through the total development will be of a size which could ultimately be dedicated to the county for street purposes and control. (3) We are certain that a sensible improvement of this type is proper for the area in which it is located, and that this upgrading will not only strengthen the economic standards of the area, but it is needed in this community. S E R V I N G T H E I N L A N D E M P I R E October 23, 1961 (4) Lastly, such improvements, properly planned and executed, should add substantially to the tax base of the area. It is our hope that the Plan Commission, having made a study of this recommendation, will feel that a waiver of this type will be for the best interests of the community. AJ['1 /ev Very truly yours, ALVI J. WOLFF CO., INC. (?t4 Alvin Wo SPOKANE COUNTY PLANNING COMMISSION COUNTY COURT HOUSE SPOKANE 1 WASHINGTON APPLICATION: U - - 6 PROPERTY OWNERS LOOKED UP BY: AGENDAS MAILED BY: DATE: AME ADDRESS LEGAL 2E JCRI ON P PROPERTY _ _ rJ ask _, Q T Mal. F� , , i�l _M / , ..1 .... N R .• Sae / o- 2,,,,) �'.�.. " ! �..�;..� / 9G % ! �✓ ti �// / I L.arla ✓ 0 9 4 '1.2.%x✓ r T r� , IE Pv/o ao t i) \ . , /Q i Q �Y , 4 ,� - J' , . fiiW� ' , , imusa , A 1 / . 1 � e a P 1 ► : . , 9a 4 ( - 1 I 8 - � �, . Ins • /S-C gI t a ' u,� �.� �' - li /a r 1 al M a tt lii4.9 • a a i - SPOKANE COUNTY PLANNING COMMISSION COUNTY COURT HOUSE SPOKANE 1 WASHINGTON APPLICATION: U - - 6 PROPERTY OWNERS LOOKED UP BY: AGENDAS MAILED BY: DATE: (! ct. / 1 L0 --<- / rt.> .,�.Y _ s (Q , 1 I i / / 0s I . , _A t t A CJ (1. / �, ""CJ ,) (.L cay.,a\i ' -30/ , , w I ?-v...), 'rt 0 • ..t/t. \ �/ a / - j' - - / /0 /Y , 40 - _,a c- e 'Ill* / . 7 a . 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