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VE-30-63BOARD OF ADJUSTMENT OF SPOKANE COUNTY FINDINGS AND ORDER REGARDING A REVIEW OF ADMINISTRATIVE ACTION OF THE SPOKANE COUNTY ZONING ADJUSTOR IN A DECISION TO DENY A VARIANCE, VE -28 -77 WHEREAS, Application has been presented to the Zoning Adjustor of Spokane County, Washington, by Ray E. Bisterfeldt and H.F. Schillinger, requesting a Variance to allow an addition to a building to be located approximately 2 ft. from Dean Avenue, Whereas, the Spokane County Zoning Ordinance requires a front yard setback of 35 ft. NOTE: The described property has double frontage - Dean and Mallon Avenue. The property in question is generally located on the south west corner of Mallon and Thierman and more specifically described as follows: and, WHEREAS, the Zoning Adjustor did, on the 7th day of March, 1977, hold a public hearing as provided in Section 4.25 of Title IV on the application of Ray E. Bisterfeldt and H.F.Schillinger for a Variance for the described property, and, WHEREAS, the Zoning Adjustor did on the 7th day of March, 1977, formally act upon said application and did deny said application based upon finding; of fact and reasons set forth in the official minutes dated the 23rd day of March, 1977, and, L Section 13, Township 25N, Range 43 E.W.M. Lots 1 through 9 and Lots 11 through 18 Block 4, Piper's Addition, Parcel No.13532 -1338 and, MINUTES WHEREAS, an appeal from the decision of the Zoning Adjustor for Spokane County was filed on the 29th day of March, 1977, by Ray E. Bisterfeldt, WHEREAS, the Board of Adjustment of Spokane County, did on the 19th day of April, 1977, hold a public hearing as prescribed in Section 4.25 of Title IV on the application of Ray E. Bisterfeldt and H.F. Schillinger, for said Variance, VE- 28 -77, and, WHEREAS, at said hearing, opportunity was afforded those favoring and those opposing said application, and the Board of Adjustment having fully considered the official records, evidence, and testimony given and having made an investigation of the matter. NOW, THEREFORE, be it formally resolved that the Board reversed the decision of the Zoning Adjustor and approved the Variance, VE- 28 -77, for the following reasons and subject to the following conditions: A. REASONS: 1. There was a previous action taken by the Zoning Adjustor allowing a two foot setback from Dean Avenue (VE- 73 -71) and denial of this application would) deprive the applicant of utilizing the same building line setback. BOARD OF ADJUSTMENT OF SPOKANE COUNTY Page 2 2. Dean Avenue is a local access street and has minimum use. B. CONDITIONS: 1. The proposed addition shall be located on the subject property in substantial conformance with the plot plan on file with this application and in any case shall have a setback from Dean Avenue of at least 2 feet. SIGNED This Zb j `'" day of AAf ,1977. HEN L. PEI ONE, Chairman (Approved) Minutes Typed: May 9, 1977 6ed- abi_6/a,-e GRANT GROESBECK,Vice - Chairman, (Approved) E. B. DeFEYTER, Membef, (Approved) 4 �l L`� t-.4" 72-7 BYRNE, �(Iember j,(Opposed) ta—er-71:i o ti -0 - fl. � +c/.c (LOS r Y_+ 3o 2 1? / ‘.5762 ( 4- 9---S •r2- *92. - t2- t 34 ) • (“___AL 77) - p2 37, it 3 fr eiLe_cr s-e. P77 APPROVED PLOT PLAN CAFE: (Z' // 26 , / 02 ALt<1 6 Y• }r x t S'T1104g BLDG). PROPOSED NtSw et-DG. As P tat 4t_T t I � -- 42 0 1 41,0 I .. 42,0 - 21, .A- I, °I.• 7 1 6 I of / j 15/ p �I Q / oI LxtsrlNC�ul II _ o .�I r� R `i o (Ja / i � _ _ I p c 14 V Ac areP y ill= Lb i 4 1 '444 0 r-R oPas et 1VEW u,tDI►JC, 141 A N N \ � \ 1 0 � t l u t2 \\ N) 4 2..,o y 42.0 -- 30,o fr- —Ej - _ - -- 30,0' 1- 4 13,12 ' N ` � 1.5 VaCPi - r \\ OLItJe 15.0' A UENU e SCPLe l /iota' k- 420 dt �IL 2z, o T ® eL 3 0,0 • .k. . • - . . . Fidelity Saving tti: an 4 ("Z A L < I MAP SHOWEIG LOCATION OF RINIDINCIE 01 Lis BOUNDIWIEN Or . ---- --- -- N ' 0 t• 1.• -- 1 -. , / ., ,,.- N.) , . -- ;;;;";:7; , ;, \ "C T ' / ' i ( 4. ./.? /7 \ 4 ) Lots 6,7 1 inclusive STANDARD'S SUBDIVISION OF BLOCK 20 1 EAST SPOKANE - •4 43 in the _ allOONSININK COUNTY 07 SPOKANE, AND STATE 07 WASEINOTOn. Extra sharp for setting 1.0? markers. army for Loan pirpoces. - Seth 1" = 40 Pt Surveyed: November 23 1962 • I hereby certify that I surveyed tb. - above described properly and that I find the improvements to be on the premises in question and that they do not encroach on the property lying adjacent thereto— EXCEPT: concrete slab unto Lot 5 as shozn NO hoproveinents encroach on these premism—lbseept: C;p4‘ OWNZR or Buns PHILIP L SARGENT S. -A. Postell Ragland Load Surveyor East '6306 4-41ki Avenue Mow Millen 3-3664 1 .; )1 27/ ;*-- a - • /7 - t r _ _ ,Nu - 1 \ 1 ‘t. q, 1 • 7 A !, -5 g 1 : 1 1;' :s / Z • p 7; 4 37.7 E 12 c r Book 138-36R -. 4 /5 , C) 420 : f 4t- –641 s-tc-te(. 0 A 5 K i t/ We -az— SPOKANE COUNTY BOARD OF ADJUSTMENT Case No. VE -30 -63 CERTIFICATE OF APPROVAL FOR VARIANCE 1. Name: Donald K. Barnes 2. Mailing Address: East 13005 Eleventh Avenue, Spokane, Washington 3. Legal Description•o£ Property: • Lots 6, 7, 8, 9, 10, 11, 12, 13, and the W 1/2 of Lots 5 and of Standard's Subdivision of-Block 20 of East Spokane. Also vacated E of Eastern Road and the proposed vacated N 1/2 Avenue lying adjacent to said lots. Section 13, Township 25 4. Nature of Variance Requested: To permit 58.6% of the site area to be covered with buildings, whereas the Zoning Ordinance permits 35% coverage. 5. Approved by Zoning Adjustor after public hearing on August 26, 19 CONDITIONS: 1. The approval of the variance is contingent upon portions of Eastern and Olive Streets being vacated and said portions of the vacated streets adjacent to subject property reverting to the property owners. If these streets are not vacated, this approval becomes null and void. 2. In order to insure adequate off- street parking and loading areas, the property shall be developed in accordance with the plot plan submitted by the applicant and on file in the office of the Planning Commission. ATTEST: C O U N T Y O F S P O K A N E SPOKANE, W A S H I N G T O N Beatrice V. Hills, Recording Secretary Date: CHARLES L. HUGGINS, Zoning Adjustor 14, Block 1 the proposed of Olive N., Range 43, E.W.M. ATTEST: C O U N T Y O F S P O K A N E SPOKANE, W A S H I N G T O N SPOKANE COUNTY BOARD OF ADJUSTMENT Case No. vF 30_63 CERTIFICATE OF APPROVAL FOR VARIANCE 1. Name: Donald K. Barnes 2. Mailing Address: East 13005 Eleventh Avenue, Spokane, Washington 3. Legal Description of Property: Lots 6, 7, 8, 9, 10, 11, 12, 13, and the W1/2 of Lots 5 and 14, Block 1 of Standard °s Subdivision of Block 20 of East Spokane. Also the proposed vacated E 1/2 of Eastern Road and the proposed vacated N 1/2 of Olive Avenue lying adjacent to said lots. Section 13, Township 25 N., Range 43, E.W.M. k. Nature of Variance Requested: To permit 58.6% of the site area to be covered with buildings, whereas the Zoning Ordinance permits 35% coverage. 5. Approved by Zoning Adjustor after public hearing on August 26, 1963. CONDITIONS: 1. The approval of the variance is contingent upon portions of Eastern and Olive Streets being vacated and said portions of the vacated streets adjacent to subject property reverting to the property owners. If these streets are not vacated, this approval becomes null and void. 2. In order to insure adequate off- street parking and loading areas, the property shall be developed in accordance with the plot plan submitted by the applicant and on file in the office of the Planning Commission. Beatrice V. Hills, Recording Secretary Date: CHARLES L. HUGGINS, Zoning Adjustor C O U N T Y O F S P O K A N E SPOKANE, W A S H I N G T O N SPOKANE COUNTY BOARD OF ADJUSTMENT Case No, VF'- in_FZR Date: CERTIFICATE OF APPROVAL FOR VARIANCE 1. Name: Donald K. Barnes 2. Mailing Address: East 13005 Eleventh Avenue, Spokane, Washington 3. Legal Description of Property: Lots 6, 7, 8, 9, 10, 11, 12, 13, and the W 1/2 of Lots 5 and 14, Block 1 . of Standards Subdivision of Block 20 of East Spokane. Also the proposed vacated E 1/2 of Eastern Road and the proposed vacated N 1/2 of Olive Avenue lying adjacent to said lots. Section 13, Township 25 N., Range 43, E.t1.M. 4. Nature of Variance Requested: To permit 58.6 of the site area to be covered with buildings, whereas the Zoning Ordinance permits 35 coverage. , 5. Approved by Zoning Adjustor after public hearing on Augast 26, 1963. CONDITIONS: 1. The approval of the variance is contingent upon portions of Eastern and Olive Streets being vacated and said portions of the vacated streets adjacent to subject property reverting to the property owners. If these streets aro not vacated, this approval becomes null and void. 2. In order to insure adequate off_otreot parking and loading areas, tho , property shall be developed in accordance with the plot plan submitted by the applicant and on file in the office of the Planning Commission. ATTEST: Beatrice V. Hills, Recording Secretary CHARLES L. HUGGINS, Zoning Adjustor C O U N T Y O F S P O K A N E SPOKANE, W A S H I N G T O N SPOKANE COUNTY BOARD OF ADJUSTMENT Case No. Ion .D 63 CERTIFICATE OF APPROVAL FOR VARIANCE 1: Name: Donald g, Barnos 2. Mailing Address: East 13005 Eleventh Avenue, Spokano, Washington 3. Legal Description of Property: Lots 6 7, 3, 9, 10 11, 12, 13, and tho tl 1/2 of tats 5 and 14, moctc 1 • of Standar: a Subdivision of Block 20 of East Spokano. Also the proposed vacated E 1/2 of Eastern Road and the proposed vacated U 1/2 of Olive Avcmao lying adjacent to said lots. Section 13, 4b 25 11., !tango 43, E.14.14. 4. Nature of Variance Requested: To permit 59.401 of the oito area to bo covered with buildings, whisroao tho Loring Ordinance permits 35; coverage. 5. Approved by Zoning Adjustor after public hearing on August 26, 1963. CONDITIONS: 1. Tho approval of tho variance to contingent upon portions of Eastern and 013vo Stroots being vacated and said portions of tho vacated ctreoto adjaccnt those rooto ero- not vaacatted, this appovval born= r and void. 2. In order to insuro adoquato of -ot oot parking and loading areas, tho property shall bo dovolopcd in accordanco with the plot plan aubtatttod by tho applicant and on filo in the offico of tho planning Comission, ATTEST: Beatrice V. Hilts, Recording Secretary Date: CHARLES L. HUGGINS, Zoning Adjustor SPOKANE COUNTY BOARD OF ADJUSTMENT ATTEST: C O U N T Y O F S P O K A N E SPOKANE, W A S H I N G T O N CERTIFICATE OF APPROVAL FOR VARIANCE 1. Name: £bma.d ft. liar= 2. Mailing Address: Coot 13305 Elaventh Avo Qokzino thabington 3. Legal Description of Property: Taco G 7o O, 90 aa at, 12 a3 mfl tto t11/2 of rats $ cba 14 Mo©k 1 of Ste.ndazUQS Subdivision of moor: 20 of Loot SpOkano. Mao tho P 009.1 vacated 13 ,. 2� of Eaote n'load end t o prop�xl vacatoO 0 1/2 of Olive q Av `oxuo Vi` g adjacent to odd lots. t t 13 o 2 0 . p 0 nanC 409 EAU. 4. Nature of Variance Requested: m pent 59,60 of tho city aava to bo covered with b uslcingo, Wharoa0 err fEantng Qntlsaanco pavane 953 covaragoo 5. Approved by Zoning Adjustor after public hearing on Agslat 2260 1969, CONDITIONS: 1. Tho approval Of tha variamco to contingent upon pofltono Of Santora and O32vo Stroota being vacated and raid portions of tba vacatod °twat° agiaccnt to (abject bra ori7 marling to tbo prop art? Cora. ZS theca otvootu trio not vacated thin me boccaos mall end csad{. 2. In ardor to Sn uro adoquato oSt of of porkin5 an8 Zoad:na (true tho p p ap thrall bo developed in aceoi i neo with tho plot plan aubStted by tho applicant and on filo in tlt artier) of Liao Planning (union. Beatrice V. Hills, Recording Secretary Case No. .. Date: CHART,ES L. HUGGINS, Zoning Adjustor VARIANCE 1. VE- 30-63, Situ Comm Zoning Adjustor Decision: Approved for the following reason and subject to the following conditions. A. Rem: 1. The area under consideration was subdivided in 1909 into lots of such size that they can only be considered as sub - standard in view of present industrial site requirements. Because of this special circumstance applicable to subject property, the strict application of the Zoning Ordinance tsoald deprive subject property of rights and privileges enjoyed by other properties in the vicinity and under identical zone classification. 2. The applicant has provided for adequate offest?cst parking and loading areas, therefore the granting of the variance, subject to. the conditions listed below, will not be.materia3iy detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in stitch subject property is situated. B. Conditions: 1. The approval of the variance io contingent upon portions of Eastern & Olive Streets being vacated and said portions of the vacated streets adjacent to subject property reverting to the property owners. If these streets are not vacated, this approval becomes null and void. 2. In order to insure adequate off..otreet parking and loading areas, the psopertq ouch be developed in accordance with the plot plan submitted by the applicant and on file in the office of the Planning Commission. c. Geme al Data: Section 13, Township 25 N., Range 43, R.W.M. Lots 6, 7, 8, 9, 10, 11, 12, 13, and the W1/2 of Lots 5 and 14, Block 1 of Standard's Subdivision of Block 20 of East Spokane. Also the proposed vacated E 1/2 of Eastern Road and the proposed vacated N 1/2 of. Olive Avenue lying adjacent to said lots. 2. Donald K. Barnes East 13003 Eleventh Avenue, Spokane, Wash. 3, '54,978 square feet 4. Nanufaetering, established December 29, 1941 5, To permit 58.6$ of the site area to be covered with buildings, nhereas the Zoning Ordinance permits 35% coverage. 6. Application of Zoning Provision :. Chapter 4.12, Section 4.12.040 1. Location: ; Applicant: 1 .- Site Size: - Existing Zoning: Variance Requested: s MINUTES, AUGUST 26, 1963 ZONING ADJUS"POR • ve a stJE 0? THE SPOKANE COUNTY ZONING ADJUSTOR SPOKANE COUNTY PLANNING COLiha3SION AGENDA, PUBLIC HEARING OF AUGUST 26, 1963 Times }bmday. August 26, 1963, 1s00 P.N. Places Assembly Room, County Court House VARIANCE 1. VE.3.0.6j. Site Coeerases a. Locations 0 a 0 w a b. Applicants e. d. 06 f. Site Sizes Existing Zoning: Variance Requested' Application of Zonin SPRI NO I SLD AL KI SPOKANE COUNTY COURT HOUSE FA 8 -1551, Ezt. 220 ` 2 � Section 13, TotmshiP 25 N., Range 43, E.W.N. Lots 6, 7, 8, 9, 10, 11, 12, and 13 and the W112 of Lots 5 and 14, Block 1 of Standard's Subdivision of Block 20 of East Spokane. Also tha proposed vacated E 1/2 of Eastern Road and the proposed vacated N 1/2 of Olive Avenue lying adjacent to said lots. . Donald K. Barnes East 13005 Eleventh Avenue Spokane, Washington 54,978 square feet Manufacturing, established Daeeter 29, 1941 To permit 58.6% of the site area to be covered with buildings, whereas the Zoning Ordinance permits 35% coverage. Ordinances Chapter k.12, Section 4.120040 NORTH SPOKANE COUNTY PLANNING COMMISSION VARIANCE APPLICATION Court House, Spokane 1, Washington Date: (THIS APPLICATION IS NOT ACCEPTABLE UNLESS ALL REQUIRED STATEMENTS HAVE BEEN MADE) (1) Name: POM/1. ) (3) Mailing Address: (4) Street Address of the Property in Question: (5) Legal Description of the Property: (7) Zone in which the Property is Located: (6) Site Size: (Sq..Ft.) You must answer ALL of the following questions. Application No.: Co--3 - r (8) Provision of the Zoning Ordinance from which a Variance is Requested: (9) In what way does applicant wish to vary from above provision? (10) Furnish a lettor from a Title-Insurance- Gernpan=sh+owfng_tt`i Coperty df'rmtord, 4hesir w ain_39fla feet of -the- exterror- boundar1e,s o su jest (11) CONDITIONS FORA VARIANCE. (a) Would the difficulty apply to the property regardless of the owner? (b) Is your request for a variance the result of an illegal act on your ''art? (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? (d) Does your request for a variance arise from some provision of the Zoning Ordinance? 11 (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? '4 (12) Who holds title to the property? If more than one owner, an attached list of names, must be submitted with this application. (13) A plot plan or sketch must be attached showing the structures and uses and dimensions. s, A / (14) The necessary fee must accompany this application. addresses, and legal descriptions locations of proposed and existing 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. Page 2 Variance Application Signature of Applicant y��� LT APPROVED, CONSTRUCTION IS NOT AUTHORIZED UNTIL LAND USE OR BUILDING PERMIT IS ISSUED BY THE BUILDING CODE DEPARTMENT. SPOKANE C rPLICATION: V -63 'ROPERTY OWNERS LOOKED UP BY: LGENDAS MAILED BY: OUNTY PLANNING COMMISSION COUNTY COURT HOUSE SPOKANE 1, WASHINGTON QiC.t� FhGC / DATE: NAME ADDRESS LEGAL DESCRIPTION OF PROPERTY RI ic g / /S - 075 VS ntd L -/ - / -402st/ / , (:, z i 9 /G /1 /.7/5" am / 33 -0 1� . , lI e2 0 7 03 r L v� . 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