CUP-02-06 CITY OF SPOKANE VALLEY HEARING EXAMINER
RE: Conditional Use Permit for a Home Industry; )
in the Urban Residential-3.5 (UR-3.5) Zone; ) FINDINGS OF FACT,
Applicant: William Haight ) CONCLUSIONS OF LAW,
File No. CUP-02-06 ) AND DECISION
I. SUMMARY OF DECISION
Hearing Matter: Application for a conditional use permit for a home industry, in the UR-3.5
zone.
Summary of Decision:n Approved, subject to conditions.
II. FINDINGS OF FACT
1. The application requests a conditional use permit for a home industry, in the Urban
Residential 3.5 (UR-3.5) zone, to operate a computer software business in an existing detached
accessory structure.
2. The site is located at the northwest corner of the intersection of Sundown Drive and
Bascetta Lane, and along the west side of Bascetta Lane, in Spokane Valley, WA. The property
is situated in the NE '/4 of Section 32, Township 25N, Range 44 EWM of Spokane County,
Washington.
3. The site is currently referenced as County Assessor's tax parcel no. 45321.1414, and is
addressed at 3523 S. Sundown Drive, Spokane Valley. The property is legally described on the
site plan of record.
4. The applicant for the proposal and site owner is William T. Haight, 3523 South Sundown
Drive, Spokane Valley, Washington.
5. On December 1, 2006, the applicant submitted a complete application for a conditional use
permit in the above file to the City of Spokane Valley Department of Community Development,
Planning Division ("City Planning Division"). The applicant submitted a revised site plan on
December 1, 2006, which is the site plan of record.
6. On February 2, 2007, the City Planning Division issued a Determination of Nonsignificance
(DNS) for the proposal. The DNS was not appealed.
7. On March 22, 2007, the Hearing Examiner conducted a public hearing on the proposal. The
notice requirements for the public hearing were met. The Examiner conducted a site visit on
March 21, 2007.
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8. The following persons testified at the public hearing:
Mike Basinger Bill Haight
Department of Community Development 3523 S. Sundown Drive
City of Spokane Valley Spokane Valley, WA 99206
11707 E. Sprague Avenue, Suite 106
Spokane Valley, WA 99206
9. The Hearing Examiner heard the proposal pursuant to Chapter 10.35 of the Spokane Valley
Municipal Code (SVMC), and the City Hearing Examiner Rules of Procedure.
10. The Hearing Examiner takes notice of the City of Spokane Valley Comprehensive Plan,
Interim Zoning Code, Phase I Development Regulations, and Municipal Code; other applicable
development regulations, and prior land use decisions in the vicinity.
11. The record includes the documents in the above file at the time of the public hearing, the
documents and testimony submitted at the public hearing, and the items taken notice of by the
Hearing Examiner.
12. The site is approximately 14,000 square feet in size, and relatively flat in topography. The
west half of the site is located in a 100-year floodplain. The site plan of record illustrates the
existing improvements on the site.
13. The middle of the site is improved with a single-family dwelling,with attached garage, of
approximately 2,233 square feet. The southeast portion of the site contains a detached accessory
structure of 768 square feet, which is being remodeled internally to house the home industry. A
6-foot high wood fence surrounds the accessory building on three (3) sides.
14. A driveway extends south from the attached garage to Bascetta Lane, and abuts the
accessory building. The site contains residential landscaping and a garden area. The accessory
building has similar architecture to the house on the site, and the property overall has a pleasing
residential appearance.
15. Bascetta Lane, a private road, abuts the site on the south and east. A large acreage parcel
improved with a church lies approximately 500 feet east of the site, adjacent to Schafer Road and
east of a railroad line that extends through the area. Such parcel is designated in the
Public/Quasi-Public category of the Comprehensive Plan, and is zoned UR-3.5.
16. Undeveloped farmland, associated with the above-referenced church, lies between the
church and Bascetta Lane adjacent to the east boundary of the site; is designated in the Low
Density Residential category of the Comprehensive Plan; and is zoned UR-3.5. The topography
of the area rises sharply a short distance west of Sundown Drive.
17. The site and neighboring land not described above are designated in the Low Density
Residential category of the Comprehensive Plan, zoned UR-3.5 and developed with single-family
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homes at urban densities. The site and neighboring land are located in the Aquifer Sensitive Area
Overlay zone, and the County Urban Growth Area.
18. The City Arterial Road Plan designates Schafer Road as an Urban Collector Arterial,
University Road as an Urban Minor Arterial, Dishman-Mica Road northwest of University Road
as an Urban Principal Arterial, and Dishman-Mica Road southeast of University Road as an Urban
Minor Arterial.
19. The application materials and the applicant's testimony at the hearing indicate that the home
industry would consist of a small computer software business operated out of the accessory
building on the site, two (2) members of the family would participate in the business, two (2)
outside employees would provide telephone support for the business, no customers would visit
the site, daily office hours would be from 7:00 a.m. to 4:00 p.m., the business would generate
only two (2) additional vehicle trips to and from the site each day, the large driveway on the site
would provide ample on-site parking for the outside employees coming to the site, the business
would generate little noise and no waste products except paper, there would be no exterior
storage or signage on the site for the business, and the site is served by public sewer and water.
20. The only concerns submitted regarding the home industry were submitted in the form of an
email from Nancy Austin, who resides along Sundown Drive approximately 400 feet south of the
site. Such owner incorrectly referenced the conditional use permit as a zone change; and
expressed opposition to the proposal based on location of a business in a residential area,
increased traffic and pedestrian safety, and need for an additional access into the Ponderosa area.
21. Section 14.300.100 of the City Interim Zoning Code defines a"home industry", in pertinent
part, as an "...occupation, profession...or craft...in association with a primary residence, which is
of such intensity or broad scope of operation that public hearing review, as a Conditional Use
Permit, is necessary. Therefore, by character and defmition, a home industry is different than a
home profession or general commercial, industrial, and business uses".
22. A conditional use permit for a home industry may be approved in the UR-3.5 zone; provided
the special standards of the UR-3.5 zone for a home industry use, other relevant development
standards of the UR-3.5 zone and City Interim Zoning Code, and the general criteria for issuance
of a conditional use permit set forth in Zoning Code Chapter 14.404 are met.
23. A conditional use permit may be denied under Zoning Code 14.404.101, where adequate
conditions and restrictions cannot be added that will make the home industry compatible with
other uses permitted in the zone.
24. Zoning Code 14.404.102 vests the Examiner with broad authority to impose conditions or
restrictions on operation of a conditional use. This includes consideration of the Comprehensive
Plan, and the intent of the City Interim Zoning Code.
25. The City Interim Zoning Code is intended, in pertinent part, to encourage orderly growth of
the City, promote compatible uses of land, conserve and stabilize property values, provide desired
levels of population density and intensity of land use, conserve and protect amenities, keep
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pollution at or below acceptable levels, and provide workable relationships between land uses and
the transportation system. Zoning Code 14.100.104.
26. The UR-3.5 zone is intended to promote areas of primarily single-family residential use,
within an urbanized neighborhood setting having a high level of public service; including public
water, public sewer when available, and paved and curbed roads.
27. The Low Density Residential category of the Comprehensive Plan is intended to provide for
a range of densities for single-family residential development. The UR-3.5 zone is an
implementing zone for such category, under the City Phase I Development Regulations.
28. The Staff Report lists the policies of the Comprehensive Plan relevant to the project, and
finds the project consistent with such policies. The Examiner concurs with such analysis.
29. The Staff Report recommends various conditions of approval to ensure that the home
industry will comply with the special development standards of the UR-3.5 zone for a home
industry, and is compatible with neighboring single-family homes; and, as conditioned, finds the
application to be consistent with such standards, and the approval criteria for approving a
conditional use permit.
30. The Examiner concurs with the Staff Report regarding the consistency of the application
with the approval criteria for the conditional use. This includes finding that the property will
retain its residential appearance and character, the conditional use will be carried on in an
accessory structure having no more than twice the gross floor area of the residence, the
conditional use will have no more than two (2) outside employees, parking will be adequate for
the home industry, and the conditional use will not adversely impact neighboring properties.
31. The home industry should be required to be developed in substantial conformance with the
site plan of record submitted for the application, and the concept for the home industry presented
in the application materials.
32. The County Division of Utilities and Spokane County Water District#3 indicated that the
site is currently served with public sewer and water. The County Division of Utilities conditions
of approval require the conditional use to be served with public sewer.
33. City Engineering found no need to require transportation improvements for the project;
since the conditional use will generate little additional traffic in the area and is therefore exempt
from meeting the transportation concurrency requirements of the City Phase I Development
Regulations. The site has good access to the major arterial road system serving the area.
34. The application meets the sewer, water and transportation concurrency requirements of the
City Phase I Development Regulations.
35. No public agencies objected to the proposal, or its environmental impact. There is no
evidence in the record that the project would have any significant adverse impact on the
environment, or that the DNS issued for the application is not appropriate.
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36. Minor revisions should be made to the conditions of approval recommended for the
application, to provide clarity and to ensure compliance with the approval criteria for the
conditional use.
Based on the above Findings of Fact, the Hearing Examiner enters the following:
III. CONCLUSIONS OF LAW
1. The conditional use permit application for a home industry, as conditioned, conforms to the
Comprehensive Plan and the City Phase I Development Regulations.
2. The application, as conditioned, is consistent with the purpose and intent of the Urban
Residential-3.5 (UR-3.5) zone and the City Interim Zoning Code, the special development
standards for a home industry in the UR-3.5 zone, the general development standards of the UR-
3.5 zone, the ASA Overlay zone, other relevant provisions of the City Interim Zoning Code, and
other applicable development regulations.
3. The application, as conditioned, is reasonably compatible with other uses permitted in the
UR-3.5 zone, or in the location of the proposed use.
4. The application, as conditioned, reasonably mitigates any adverse impacts on adjacent
properties by reason of the use, extension, construction or alteration allowed with respect to the
conditional use.
5. The application, as conditioned, will not have more than a moderate effect on the quality of
the environment, and complies with the City Local Environmental Ordinance.
6. The application, as conditioned, satisfies the requirements for issuance of a conditional use
permit under Chapter 14.404 of the City Interim Zoning Code.
7. Approval of the application, as conditioned, is appropriate under Chapter 10.35 of the City
Municipal Code (City Hearing Examiner Ordinance).
IV. DECISION
Based on the above Findings of Fact and Conclusions of Law, the application for a
conditional use permit for a home industry, for operation of a small-scale computer software
business in a detached accessory building on the site, in the Urban Residential-3.5 (UR 3.5) zone,
is hereby approved; subject to the conditions of approval specified below.
Any public agency conditions that have been significantly altered or supplemented are
italicized.
Failure to comply with the conditions of this approval may result in revocation or
suspension of this approval by the Hearing Examiner. This approval does not waive the
applicant's obligation to comply with all other requirements of other agencies with jurisdiction
over land development.
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Conditions of Approval:
SPOKANE VALLEY COMIVI[JNTIY DEVELOPMENT DEPARTMENT-PLANNING
DIVISION:
1. The applicant, including the owner and developer of the property, shall comply with the
conditions of approval set forth in this decision.
2. The home industry shall be developed and operated in substantial conformance with the
site plan of record submitted on December 1, 2006, and the description of the home industry
contained in the application materials in File No. CUP-02-06. Any variations shall conform to
Section 14.504.040 of the City Interim Zoning Code as amended.
3. The home industry shall comply with the special development standards for a home industry
in the UR-3.5 zone, the general development standards in the UR-3.5 zone, and other relevant
provisions of the City Interim Zoning Code as amended.
4. All parking must be retained on site.
5. There shall be no outdoor storage, outdoor display of merchandise, or identifying signage
onsite for the home industry.
6. The home industry is limited to the onsite employment of immediate family members who
reside in the dwelling onsite and two (2) employees outside the family.
7. The computer business shall be enclosed within the detached accessory structure in
conformance with the International Building Code, as adopted by the City.
8. Off-street parking shall be provided for outside employees, and shall be consistent with the
off-street parking standards of the UR-3.5 zone as amended.
9. Exterior lighting shall comply with the lighting standards of the UR-3.5 zone as amended.
10. The conditional use permit may be suspended or revoked, pursuant to Section
14.404.102(3) of the City Interim Zoning Code as amended, if the applicant fails to comply with
the conditions of approval of this decision.
11. The City Planning Division shall prepare and record a title notice with the Spokane County
Auditor, which shall serve as public notice that the site is subject to certain conditions of approval
imposed as a result of a land use action. The title notice should generally state as follows:
"The parcel property legally described as (insert legal description)is the subject of a
land use decision by the City of Spokane Valley Hearing Examiner on April 9, 2007,
approving a Conditional Use Permit under the City Interim Zoning Code as amended,
and imposing various conditions of approval affecting the property. File No. CUP-02-
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06, relating to such approval, is available for inspection and copying at the City of
Spokane Valley Department of Comnaunity Development."
SPOKANE COUNTY DIVISION OF UTILITIES:
1. A wet (live) sewer connection to the area-wide public sewer system shall be constructed. A
sewer connection permit is required. Commercial developments shall submit historical and or
estimated water usage prior to the issuance of the connection permit in order to establish sewer
fees.
2. The applicant shall submit expressly to Spokane County Division of Utilities, under separate
cover, only those plan sheets showing sewer plans and specifications for the public sewer
connections and facilities for review and approval. Commercial developments shall submit
historical and or estimated water usage as part of the sewer plan submittal.
3. Sewer plans acceptable to the Division of Utilities shall be submitted prior to the issuance of
the sewer connection permit.
4. Any water service for this project shall be provided in accordance with the Coordinated
Water System Plan for Spokane County, as amended.
SPOKANE COUNTY AIR POLLUTION CONTROL AUTHORITY:
1. Dust emissions during demolition, construction, and excavation projects must be controlled.
This may require the use of water sprays, tarps, sprinklers or suspension of activity during certain
weather conditions.
2. Measures must be taken to avoid the deposition of dirt and mud from unpaved surfaces onto
paved surfaces. If tracking or spills occur on paved surfaces, measures must be taken immediately
to clean these surfaces.
3. Debris generated as a result of this project must be disposed of by means other than burning.
4. If objectionable odors result from this project, effective control apparatus and measures
must be taken to reduce odors to a minimum.
5. Special attention shall be given to proper maintenance of diesel powered equipment to
reduce the impact of diesel exhaust, and suspended carcinogen.
6. A Notice of Construction and Application for Approval shall be submitted and must be
approved by SCAPCA prior to the construction, installation, or establishment of an air pollution
source. This includes emergency generators rated at 500hp (375kW) or higher, natural gas
heating equipment units rated at 4 MMBTU/hr or higher (input), and heating equipment units
fired with other fuels (e.g. diesel) rated 1 MMBTU/hr (input) or higher. Contact SCAPCA for a
Notice of Application.
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7. A Notice of Intent must be submitted to SCAPCA prior to any demolition project or
asbestos project. An asbestos survey must be done by an AHERA accredited building inspector
prior to the demolition or renovation of buildings to determine if asbestos-containing material is
present at the site. Contact SCAPCA for a Notice of Intent application.
8. SCAPCA strongly recommends that all traveled surfaces (i.e. ingress, egress, parking areas,
access roads, etc.) be paved and kept clean to minimize dust emissions.
DATED this 9th day of April, 2007
CITY HE ' R G EXAMINER PRO TEM
Michael C. Dempsey, WSBA#82 if 41.
NOTICE OF FINAL DECISION AND NOTICE OF RIGHT TO APPEAL
Pursuant to Chapter 10.35 of the City Municipal Code, the decision of the Hearing
Examiner on an application for a conditional use permit is final and conclusive unless within
twenty-one (21) calendar days from the issuance of the Examiner's decision, a party with standing
files a land use petition in superior court pursuant to chapter 36.70C RCW. Pursuant to RCW
36.70C.040, the date of issuance of the Hearing Examiner's decision is three (3) days after it is
mailed.
This Decision was mailed by Certified Mail to the Applicant and by first class mail to other
parties of record on April 9, 2007. The date of issuance of the Hearing Examiner's decision is
therefore April 12, 2007. THE LAST DAY FOR APPEAL OF THIS DECISION TO
SUPERIOR COURT BY LAND USE PETITION IS MAY 3, 2007.
The complete record in this matter, including this decision, is on file during the appeal
period with the Office of the Hearing Examiner, Third Floor, Public Works Building, 1026 West
Broadway Avenue, Spokane, Washington, 99260-0245, (509) 477-7490. The file may be
inspected during normal working hours, listed as Monday- Friday of each week, except holidays,
between the hours of 8:30 a.m. and 5:00 p.m. After the appeal period, the file may be inspected
at the City of Spokane Valley Department of Community Development, Division of Current
Planning, 11707 E. Sprague Avenue, Spokane Valley, WA. Copies of the documents in the
record will be made available at the cost set by City of Spokane Valley Ordinance.
Pursuant to RCW 36.70B.130, affected property owners may request a change in valuation
for property tax purposes notwithstanding any program of revaluation.
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