VAR-01-04 CITY OF SPOKANE VALLEY HEARING EXAMINER
RE: Front Yard Building Setback Variance, )
in the Heavy Industrial(I-3) Zone; ) FINDINGS OF FACT,
Applicant: Dwight Hume ) CONCLUSIONS OF LAW,
File No. VAR-01-04 ) AND DECISION
This matter coming on for public hearing on June 10, 2004, the Hearing Examiner, after
review of the subject applications and the entire record, and finding good cause therefore,hereby
makes the following findings of fact, conclusions of law and decision:
I. FINDINGS OF FACT
1. The subject applications seek approval of a front yard building setback variance, to allow
7,559 square feet of covered storage area to be constructed 13 feet 8 inches from Valleyway
Avenue, in the Heavy Industrial (I-3) zone. .
2. The site is located adjacent to Valleyway Avenue and Dyer Road, south of the vacated right
of way for Olive Avenue, in the SW 1/4 of Section 13, Township 25 North, Range 43 East,
Willamette Meridian, in Spokane County, Washington.
3. The site is currently referenced as County Assessor's tax parcel no. 35133.1011, and has an
address of 409 North Dyer Road, Spokane Valley,WA. The site is legally described in the
subject application.
4. The applicant for the proposal is Dwight J. Hume, 9101 N. Mountain View Lane, Spokane,
WA 99218. The legal owner of the site is Margaret J. Denton, et al, c/o Les Schwab Real Estate
Department, P.O. Box 667, Prineville, OR 97754-0447.
5. On April 6, 2004, the applicant submitted a complete application for a front yard building
setback variance to the City Department of Community Development in File No. VAR-01-04.
6. The Hearing Examiner conducted a site visit on June 9, 2004, and conducted a public
hearing on the proposed variance on June 10, 2004. The requirements for notice of public
hearing were met.
7. The Hearing Examiner heard the proposal pursuant to City Ordinance No. 03-57, as
amended by City Ordinance Nos. 03-081 and 03-023; and the City Hearing Examiner Rules of
Procedure.
8. The following persons testified at the public hearing:
HE Findings, Conclusions and Decision VAR-01-04 Page 1
Micki Harnois, Current Planning Dwight Hume
City of Spokane Valley 9101 N. Mountain View Lane
11707 E Sprague Ave Ste 106 Spokane, WA 99218
Spokane Valley, WA 99206-6124
9. The Hearing Examiner takes notice of the City Comprehensive Plan, City Zoning Code,
City Zoning Map for the vicinity, 2001 City Standards for Road and Sewer Construction, City
Municipal Code, other applicable development regulations, and prior land use decisions in the
vicinity.
10. The record includes the documents in the project file at the time of the public hearing held
on June 10, 2004, the documents and testimony submitted at the public hearing, and the items
taken notice of by the Hearing Examiner.
11. The site is approximately 1.13 acres in size and is relatively flat in topography. The
property is currently improved with a tire recap center for Les Schwab Tires, consisting of an
18,000 square foot building used for storage and a warehouse. A 1,482-square foot, covered,
fenced area for storage is located on the west side of the northerly one-third of the building.
Uncovered, outdoor storage occurs on the site between the buildings and the adjacent public
roads.
12. The site plan of record prepared on March 18, 2004 illustrates construction of a 7,559-
square foot, covered, fenced enclosure for storage at varying distances of 13.28 feet to 27.16 feet
from Valleyway Avenue, equivalent to a varying distances of 43.38 feet to 57.16 feet from the
centerline of Valleyway Avenue. The centerline of Valleyway Avenue is located 30 feet from the
subject property.
13. The subject property was originally platted into lots as part of a subdivision in 1906. In
1941, the site was zoned Manufacturing(M)under the now expired Spokane County Zoning
Ordinance.
14. In 1969, Spokane County issued a building permit for the existing building on the site.
Prior to such time, portions of the site, Valleyway Avenue and Dyer Road were taken by the
State of Washington for the adjacent Interstate 90 freeway; and Valleyway Avenue and Dyer
Roads were realigned in a curve in their current configuration, where they had previously met at
a right angle.
15. The building constructed on the site in 1969 complied with the structure setbacks required
in the Manufacturing(M) zone of the County Zoning Ordinance at the time, which included a
minimum front street yard setback from Dyer Road of 35 feet, and a minimum flanking street
yard setback on Valleyway Avenue of 20 feet.
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16. Effective January 1, 1991, the zoning of the site and neighboring properties was
reclassified to the I-3 zone,pursuant to the Program to Implement the Spokane County Zoning
Code.
17. Effective January 15, 2002, Spokane County implemented a new Comprehensive Plan,
Capital Facilities Plan, County Urban Growth Area(VGA)boundaries, and Phase I Development
Regulations; all pursuant to the State Growth Management Act(GMA). See County Resolution
Nos. 2-0037 and 2-0470. The site and area were designated in the County UGA and Aquifer
Sensitive Area Overlay zone.
18. The County Comprehensive Plan designated the site and area in the Heavy Industrial
category. The County Phase I Development Regulations retained the I-3 zoning of the site and
neighboring land. Section 14.404.090 of the City Zoning Code grants the City Department of
Community Development to approve an administrative variance for up to 25% of the Zoning
Code standards for setbacks, irrespective of the variance provisions set forth in Zoning Code
Chapter 14.404 and the Department's authority to issued administrative exceptions under Zoning
Code 14.506.020.
19. On March 31, 2003, the City of Spokane Valley was incorporated, and included the site and
area in the city boundaries. The City retained the County Comprehensive Plan, County Zoning
Code and zoning designations for the site and neighboring land.
20. Land uses in the vicinity are primarily industrial uses,with a few single-family homes
located some distance west of the site along Valleyway Avenue. Valleyway Avenue and Dyer
Road are designated as Urban Local Access Roads in the vicinity. Interstate 90 and its associated
right of way are located just southeast of the intersection of such roads. Broadway Avenue to the
north and Fancher Road to the east are designated as Urban Principal Arterials.
21. The City Zoning Code imposes a minimum front yard and flanking street yard setback for
uses in the 1-3 zone, that are located adjacent to other I-3 zones, of 65 feet from the centerline of
all roadway right of way, or a 35-foot setback from the roadway right of way,whichever distance
is greater. Pursuant to Zoning Code 14.404.090, the City Department of Community
Development could administratively approve a flanking street yard setback of 26.25 feet from
Valleyway Avenue.
22. The Staff Report and the applicant represented that outdoor storage that is fenced but
uncovered may be installed up to the property line in the 1-3 zone, as long as the storage is not
located in a manner that creates a nuisance or endangers or damages adjacent properties. This
does not appear to be accurate, since Section 14.634.325 of the Zoning Code does not permit
"uses"in the 1-3 zone to be located inside the setbacks established by such section. The term
"use" is logically be construed to include storage.
23. Zoning Code 14.506.020 authorizes the City Department of Community Development to
administratively approve a flanking street yard setback for a parcel of land that does not exceed
the required flanking street setback standards of the zoning classification for the parcel that
HE Findings, Conclusions and Decision VAR-01-04 Page 3
existed prior to January 1, 1991; provided the subject parcel was created before such date.
Accordingly, the Department could have granted an administrative exception to allow a flanking
street yard setback for the proposed covered storage of 20 feet from Valleyway Avenue.
24. The variance application requests only an additional 1.5 feet of covered storage within the
flanking street yard setback of Valleyway Avenue that would not be allowable through the
approval of an administrative exception under Zoning Code 14.506.020. At least this amount of
area of covered storage or buildings could have been constructed on the property within the
flanking street yard setback of the former Manufacturing (M) zone, but for the land taken by the
State from the original property for the freeway and the realignment of Valleyway Avenue and
Dyer Road. The site is affected uniquely by such taking, compared to other properties located
along such roads in the vicinity.
25. The above factors represent special circumstances applicable to the property that deprive
the property of rights and privileges enjoyed by other properties in the vicinity zoned I-3.
26. Policy UL.14.3 of the Comprehensive Plan encourages the intensification and revitalization
of existing industrial areas. UL.15.4 discourages the conversion of designated industrial lands to
other uses. Relocation of the Les Schwab operations on the site to other land may create
practical difficulties,because the site is located adjacent to and linked with other Les Schwab
operations at the nearby Broadway Truck Stop use.
27. Policy UL.5.2 of the Comprehensive Plan recommends the establishment of an aesthetic
corridor along major transportation routes, including Interstate 90, that are visible from the
roadway. Policy UL.5.3 (d) recommends that performance standards be adopted to adequately
screen heavy or manufacturing industrial-type developments that have exterior clutter, including
exterior storage. The City has not adopted special storage standards for industrial uses located
along I-90.
28. The proposed variance complies with the maximum building coverage permitted in the I-3
zone. The visual impact of the increased storage is not significant because the site is not visible
from the adjacent freeway and the site is isolated from neighboring land uses and traffic. The
proposed storage would not create a sight obstruction to traffic at the merger point of Dyer Road
and Valleyway Avenue,because of the curving nature of the road and location of the storage
outside the clear view triangle applied to such roads. See Zoning Code 14.810.020 (2).
29. Zoning Code 14.404.080 (2)(a) applies to the variance. Zoning Code 14.404.080 (2)(b-c)
do not apply to the variance.
30. The granting of the variance would not be based on or result in the facts listed in Zoning
Code 14.404.080 (3)(a-g).
31. There was no expressed opposition to the proposed variance. The granting of the variance
will not have any significant adverse impact on the property or uses in the vicinity zoned I-3, or
on the public welfare.
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32. The proposed variance is exempt from compliance with the State Environmental Policy Act
and the County's Local Environmental Ordinance, pursuant to WAC 197-11-800 (6)(b).
33. The variance is conditioned for compliance with the I-3 zone and other applicable standards
of the County Zoning Code, except for the requested deviation from setback requirements.
Based on the above Findings of Fact,the Hearing Examiner enters the following:
II. CONCLUSIONS OF LAW
1. Special circumstances apply to the subject property, such that strict application of the
flanking street yard setback requirements of Section 14.634.325 of the City Zoning Code creates
practical difficulties and deprives the site of rights and privileges enjoyed by other properties in
the vicinity and zoned I-3.
2. Granting the proposed variance, as conditioned,would not be detrimental to the public
welfare or injurious to the property or improvements in the vicinity and I-3 zone in which the site
and neighboring properties are located.
3. The proposed variance, as conditioned, conforms to the Comprehensive Plan.
4. The proposed variance, as conditioned, satisfies the variance criteria specified in Chapter
14.404 of the City Zoning Code.
5. Approval of the land use application, as conditioned, is appropriate under City Ordinance
No. 03-57, as amended by City Ordinance Nos. 03-081 and 03-023.
III. DECISION
Based on the above Findings of Fact and Conclusions of Law,the application for a variance
from the flanking street yard setback requirements of the Heavy Industrial(I-3) zone, for a
7,559-square foot, covered and fenced storage area, is hereby approved, subject to the conditions
of approval specified below.
Any public agency conditions that have been significantly altered or added to 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:
A. General conditions:
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT—CURRENT
PLANNING DIVISION:
1. The proposed covered storage area shall be located a minimum of 13 feet, 8 inches from the
right of way of Valleyway Avenue adjacent to the site, as illustrated on the site plan of record
prepared on March 18, 2004.
2. The Current Planning Division shall prepare and record a title notice with the Spokane
County Auditor, stating that the subject property is subject to certain conditions of approval
imposed as a result of a land use action. The title notice shall serve as a public notice that the
property is subject to such conditions of approval. 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 July
13, 2004, approving a Variance under the City Zoning Code, and imposing
various conditions of approval affecting the property. File No. VAR-01-04,
relating to such approval, is available for inspection and copying at the City of
Spokane Valley Department of Community Development."
3. Except where noted in conditions of approval, the proposal shall comply with the
provisions of Chapter 14.634 (Heavy-Industrial-I-3) development standards.
SPOKANE COUNTY AIR POLLUTION CONTROL AUTHORITY(SCAPCA):
4. If objectionable odors result from this project, effective control apparatus and measures
shall be employed to reduce odors to a minimum.
5. Special attention shall be given to proper maintenance of diesel powered construction
equipment to reduce the impact of diesel exhaust, a suspected carcinogen.
6. A Notice of Construction and Application for Approval shall be submitted and approved by
SCAPCA prior to the construction, installation,or establishment of an air pollution source. This
includes emergency generators rated at 500 hp (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 at 1 MMBTU/hr(input) or higher. Contact SCAPCA for a Notice of
Construction Application.
HE Findings, Conclusions and Decision VAR-01-04 Page 6
B. Prior to or during on-site construction the applicant or successors in interest shall:
SPOKANE COUNTY AIR POLLUTION CONTROL AUTHORITY(SCAPCA):
1. Dust emissions during demolition, construction and excavation projects shall be controlled.
This may require the use of water sprays, tarps, sprinklers, or suspension of activity during
certain weather conditions.
2. Measures shall 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 shall be taken
immediately to clean these surfaces.
3. Debris generated as results of the project shall be disposed of by means other than burning.
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT—DEVELOPMENT
ENGINEERING DIVISION:
4. The proposed addition shall not discharge any runoff onto public right-of-way or other
property owners.
DATED this 13th day of July, 2004
CITY HEARING EXAMINER PRO TEM
1.Al : 4
Michael C. Dempsey, WSBA#823 far
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NOTICE OF FINAL DECISION AND NOTICE OF RIGHT TO APPEAL
Pursuant to City of Spokane Valley Ordinance No. 57, as amended by City Ordinance Nos.
03-081 and 03-023, the decision of the Hearing Examiner on an application for a conditional use
permit and variance 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 chapter 36.70C RCW, 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 July 13, 2004. The date of issuance of the Hearing Examiner's decision is
therefore July 16, 2004. THE LAST DAY FOR APPEAL OF THIS DECISION TO
SUPERIOR COURT BY LAND USE PETITION IS AUGUST 6, 2004.
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 maybe 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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