CUP-04-03DismissalOrder CITY OF SPOKANE VALLEY HEARING EXAMINER
RE: Conditional Use Permit for a Home Industry, )
in the Urban Residential 3.5 (UR-3.5)Zone; ) ORDER DISMISSING
Applicant: James Ferrell ) APPLICATION WITH
File No. CUP-04-03 ) PREJUDICE
This matter coming on before the Hearing Examiner at the request of the applicant, James
Ferrell, to withdraw the subject application in the above-entitled matter; the Hearing Examiner,
after review of the request and finding good cause therefore, hereby makes the following findings
of fact, conclusions of law and order:
I. FINDINGS OF FACT
1. On November 26, 2003, the applicant submitted a complete application for a conditional
use permit for a home industry in the above-entitled matter, for a business related office, storage
and occasional repair of automobiles and equipment. A public hearing was held on the
application on February 5, 2004.
2. On February 27, 2004, the Hearing Examiner entered a written decision approving a
conditional use permit for a home industry in the above-entitled matter. The appeal period on the
decision expires on March 22, 2004.
3. On March 15, 2004, the applicant, James Ferrell, contacted the Examiner and stated that he
wanted to withdraw the conditional use permit application. Ferrell advised that he had recently
acquired another business, which significantly changed the scope of his existing business, and
made it unnecessary for him to use the accessory building being constructed on the subject
property for a home industry. Ferrell stated that the accessory building would not be developed
with offices or business storage, except to park one company van to take to work. The Examiner
advised Mr. Ferrrell that he would need to submit a written request to withdraw the application
for consideration.
4. Later on March 15, 2004, Susan Ferrell, the applicant's wife, submitted a letter on behalf of
the applicant, indicating that the City of Spokane Valley had been advised that they did not
intend to use the conditional use permit approval. The letter asked that the application be
withdrawn, as the scope of their business had changed so considerably.
Based on the above Findings of Fact, the Hearing Examiner enters the following:
II. CONCLUSIONS OF LAW
1. Section 17 of the Hearing Examiner Rules of Procedure authorizes the Examiner to
reconsider or clarify a final decision when exceptional circumstances arise.
Order Dismissing Application CUP-04-03 Page 1
2. Section 14 of the Hearing Examiner Rules of Procedure requires the Examiner to dismiss a
land use application with prejudice if a request for withdrawal is received after the mailing of
notice of hearing and before a final decision is rendered; with the dismissal having the same
effect as a denial of the application on the merits,in that the same or similar application cannot
be considered by the hearing examiner for a period of one year after the application was
originally submitted as complete.
3. Considering the significant change in the applicant's business and the applicant's stated
intent not to use the subject property for a home industry, it is appropriate for the Examiner to
grant the applicant's request to withdraw the subject application and dismiss the application with
prejudice.
4. Should a question arise after dismissal of the application regarding the applicant's activities
on the site, the City Department of Community Development is the appropriate entity to
determine whether such activities fall within the description of a home industry and require a
conditional use permit.
III. DECISION
Based on the above Findings of Fact and Conclusions of Law, the Examiner's February 27,
2004 decision in the above matter approving an application for a conditional use permit for a
home industry, in the Urban Residential-3.5 (UR 3.5) zone, is hereby vacated; and the subject
application is hereby dismissed with prejudice.
DATED this 18th day of March, 2004
CITY HEARING EXAMINER PRO TEM
( .-Micha 712
Dempsey, WSBA#82
Order Dismissing Application CUP-04-03 Page 2
NOTICE OF FINAL DECISION AND NOTICE OF RIGHT TO APPEAL
Pursuant to City of Spokane Valley Ordinance No. 57, as amended by City Ordinance No.
03-81, 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 March 18, 2004. The date of issuance of the Hearing Examiner's decision is
therefore March 22, 2004, counting to the next business day when the last day for mailing falls on a
weekend or holiday. THE LAST DAY FOR APPEAL OF THIS DECISION TO SUPERIOR
COURT BY LAND USE PETITION IS APRIL 12,2004.
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 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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