CUP-04-03 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: James Ferrell ) CONCLUSIONS OF LAW,
File No. CUP-04-03 ) AND DECISION
This matter coming on for public hearing on February 5, 2004, the Hearing Examiner, after
review of the subject application 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 application requests a conditional use permit for a home industry, in the Urban
Residential 3.5 (UR-3.5) zone, for offices, storage and the occasional repair of automobiles and
equipment associated with an off-site business.
2. The site is located in the SW 1/4 of Section 33, Township 25 N.,Range 44 EWM, Spokane
County, Washington; and is addressed at 4110 S. Hollow Court, Spokane Valley, Washington.
3. The site is currently referenced as County Assessor's tax parcel no. 45333.1004. The
subject property is legally described as Lot 4, Block 1, Forest Meadows 1St Addition, per plat
recorded at Book 12, Page 63 of Plats,records of Spokane County Auditor.
4. The applicant for the proposal is James Ferrell, PO Box 142118, Spokane Valley,
Washington, 99214. The site owner is Gene L. Miller, at the same address.
5. On November 26, 2003, the applicant submitted a complete application for the conditional
use permit to the City of Spokane Valley Department of Community Development.
6. On January 16, 2004, the Department of Community Development issued a Mitigated
Determination of Nonsignificance (MDNS) for the proposal. The MDNS was not appealed.
7. On February 5, 2004, the Hearing Examiner conducted a public hearing on the proposal.
The requirements for notice of public hearing were met. The Examiner conducted site visits on
February 4 and February 20, 2004.
8. The following persons testified at the public hearing:
Karen E. Kendall Kevin Snyder, Manager
Current Planning Current Planning
City of Spokane Valley City of Spokane Valley
11707 E. Sprague Avenue 11707 E. Sprague Avenue
Spokane Valley, WA 99206 Spokane Valley, WA 99206
HE Findings, Conclusions and Decision CUP-04-03 Page 1
Jim Farrell Steve McNulty
4110 S. Hollow Court 4106 S. Hollow Court
Spokane Valley, WA 99206 Spokane Valley, WA 99206
Tony Higley John Boyd
10610 E. Holman Rd. 4024 S. Forest Meadow Drive
Spokane Valley, WA 99206 Spokane Valley, WA 99206
Paul J. Allison Dennis M. Johnson
11315 E. 44th Avenue 4149 S. Sundown Drive
Spokane Valley, WA 99206 Spokane Valley, WA 99206
Craig Keeton
4119 S. Hollow Court
Spokane Valley, WA 99206
9. The public hearing was held in accordance with City Ordinance No. 57, as amended by
Ordinance No. 3-081, and the Hearing Examiner Rules of Procedure adopted pursuant thereto.
10. The Hearing Examiner takes notice of the City Comprehensive Plan and Capital Facilities
Plan, City Zoning Code, City Phase I Development Regulations, City Critical Areas Ordinance
and associated maps, City Floodplain Ordinance, 2001 City Standards for Road and Sewer
Construction, 1998 City Guidelines for Stormwater Management, other applicable development
regulations, and prior land use decisions in the vicinity.
11. The record includes the documents in File No. CUP-04-03 at the time of the public hearing
held on February 5, 2004; the documents and testimony submitted at the public hearing; and the
items taken notice of by the Hearing Examiner.
12. The subject property is approximately 1.1 acre in size, irregular in shape,relatively flat in
topography, and comprises a platted lot in a subdivision recorded in 1976. The site is improved
with a single-family residence, which fronts along Hollow Court. The property is vegetated with
some mature evergreen trees in the north half of the site, residential landscaping and grasses.
Public sewer was recently extended to the area.
13. The existing residence on the site, constructed in 1976, is approximately 1,800 square feet
in size. This includes an approximately 1,250-square foot dwelling portion and a 2-car attached
garage of approximately 550 square feet. See County Assessor information for parcel no.
45333.1004.
14. On April 1, 2003, the City issued a building permit for a 3,200-square foot, 23-foot tall
accessory building; to be constructed in the north end of the site, approximately 360 feet from the
south property line. The accessory building has been approved for minimum setbacks of 23 feet
from the north property line, 21 feet from the east property line and 14 feet from the west
HE Findings, Conclusions and Decision CUP-04-03 Page 2
property line. See exhibit 12 attached to Staff Report. Footings and foundations for the
accessory building have been installed and inspected by the City.
15. On July 17, 2003, the City issued a building permit for a 1,500-square foot, single-story
building addition to the residence; and for an adjacent 725-square foot area approved for footings
and foundation only. The building addition includes a dining room, family room and game room.
See exhibit 13 attached to Staff Report. The footings for the addition have been installed and
inspected by the City.
16. The Staff Report erroneously lists the size of the existing residence as 1,500 square feet in
size, and the size of the approved addition to the house as 725 square feet in size. This is based
on a misunderstanding of the information listed on the building permit issued for the building
addition and foundation and footing area, as referenced above.
17. A site development plan submitted by the applicant shows the existing and proposed
improvements to the site. See Exhibit A submitted at public hearing. Besides the 1,500-square
foot addition referenced above, future improvements to the existing residence include an 840-
square foot master suite, to be constructed on the 725-square foot approved foundation and
footings area; a 960-square foot"mom's area", a portion of which would be constructed on the
approved foundation and footing area; two (2) 2-car garages; a bathroom and change room; a
190-square foot laundry room; a 300-square foot storage area; and a 2,400-square foot pool room
that includes a swimming pool.
18. The site development plan illustrates a new concrete driveway connecting to the Hollow
Court cul-de-sac, adjacent to the north side of the driveway that serves the existing residence;
which driveway would serve a future 2-car garage attached to the existing residence. The plan
shows the building footprint of the 80-foot by 40-foot accessory building on the site. A notation
on the plan indicates that the building will be located nine (9) feet farther to the south and four
(4) feet further to the east than shown on said plan.
19. The site development plan shows a graveled, circular driveway system located north of the
existing residence and proposed additions thereto, extending from the new concrete driveway in
the southeast portion of the site to a graveled area located directly south of the accessory
building, and connecting to another future attached 2-car garage located near the west property
line.
20. The applicant's mother-in-law, Gene Miller, currently owns the site. The applicant plans to
move to the site and reside on the site with his wife, his 80-year old mother-in-law and 75-year
old aunt; and possibly his son. See testimony of James Ferrell.
21. The proposed home industry is substantially described in the conditional use permit
application,burden of proof form and environmental checklist submitted on October 23, 2003;
and in two letters from James Ferrell to Karen Kendall of the City of Spokane Valley dated
December 29, 2003.
HE Findings, Conclusions and Decision CUP-04-03 Page 3
22. The proposed home industry will be operated in conjunction with the applicant's existing
off-site business, which consists of the sales and service of automobile lifts, air conditioning
recovery equipment,brake lathes, tire balancers,waste oil furnaces, compressors, etc.; which
business is carried on primarily off-site at customers' shops.
23. The home industry use of the accessory building being constructed on the site would
consist of office space, some storage space, the parking and servicing of company vans, and the
occasional repair of automotive repair equipment. The accessory building would also be used for
the repair of personal vehicles and personal woodworking. The service of vehicles would
primarily consist of routine maintenance, such as changing the oil and putting on snow tires.
24. A schematic drawing of the interior of the accessory building, submitted by the applicant,
illustrates two (2) approximately 18-foot wide by 40-foot deep parking spaces for company vans;
separate offices for the applicant, the applicant's wife, the applicant's son, and a part-time service
technician who is an outside employee not related to the applicant; a sales office; two (2)
restrooms (men's and women's); and an area for parts and general storage.
25. Notations on the schematic drawing of the interior of the accessory building state that the
outside service technician is a part-time employee who works only when there are service calls,
and that such person sometimes takes his vehicle home and leaves for service calls from there.
The notations further state that the sales office and office for the one (1) outside employee are for
the "outside sales people"to write orders or research equipment when not out in the field, and
that such persons are in the office only 1-2 days per week, for just a few hours a day.
26. A schematic drawing of the exterior of the accessory building shows two (2) oversize bay
doors located on the south side of the accessory building, which would allow access into the
building for company vans. The drawing indicates that the accessory building will have a
pitched, residential style roof.
27. The conditional use permit burden of proof form completed by the applicant indicates that
the accessory building will be of a wood, stick-framed construction, finished to match the
residence on the site; that a 6-foot high sight-obscuring fence is planned to obscure anything
behind the building associated with the home industry, and the site would be suitably landscaped
after the completion of site improvements.
28. The conditional use permit burden of proof form also indicates that no window or outside
displays are planned,no signs "with words"identifying the business will be used on site, and
only stock necessary to the business will be stored on site. Other comments submitted by the
applicant indicate that the applicant may wish to place a sign on the premises as permitted by the
UR-3.5 zone. See exhibit 7b attached to Staff Report(item D responding to John Boyd
comments).
29. The environmental checklist states that the site would not be fenced around its perimeter, in
order to allow wildlife access to the site; there would be no walk-in customers for the home
HE Findings, Conclusions and Decision CUP-04-03 Page 4
industry; and approximately six (6)vehicle trips per day would access the site for the home
industry between the hours of 8:00 a.m. and 5:00 p.m.
30. The applicant indicated that customer parking would not be necessary on site; employee
and company vehicles would be parked at the rear of the property,behind the accessory building,
if possible; the company vans would be parked inside at night; there would be occasional UPS or
small truck deliveries of supplies to the site for the business; no semi-trucks or tractor-trailer
vehicles would deliver items to the site; and that large sized items would be delivered directly to
the customer or to a leased storage delivery site.
31. The applicant provided various figures on the percentage of the applicant's business that
would be done on site versus off-site, ranging from 2%to 5%. The applicant advised that in
2003, only nine (9) out of 300"plus" service events were done at the applicant's existing facility
and not at customer work sites. This is less than 3% of the total. Based on such data, the
applicant indicated that there was an average of less than one (1) equipment delivery to the site
per month, most of which deliveries were done by the applicant's own truck.
32. The site and surrounding properties are zoned Urban Residential-3.5 (UR-3.5) and
designated in the Low Density Residential category of the City Comprehensive Plan.
33. The land lying south, east and west of the site is improved with single-family homes on
platted lots generally of smaller size than the subject property. The land lying north, northwest
and northeast of the site, south of the Burlington Northern Railway right of way and tracks,
consists of undeveloped land owned by the City of Spokane Valley. Chester Creek flows
downstream from the southeast to the northwest through such land, at a varying distance of
approximately 150 to 170 feet north of the site. See vicinity map attached to Staff Report, and
County Assessor's map for Section 33 in project file.
34. Dishman-Mica Road lies north of the railroad right of way in the area. The Comprehensive
Plan designates Dishman-Mica Road in the vicinity as an Urban Principal Arterial, and Bowdish
Road and 44th Avenue in the area as Urban Minor Arterials. Hollow Court adjacent to the site is
considered a Local Access road. The site has 60.67 feet of frontage along the cul-de-sac portion
of Hollow Court, and 34.76 feet of frontage along the linear portion of Hollow Court.
35. A large number of neighboring property owners expressed opposition to the proposal,based
on such concerns as construction of the subject accessory building in a seasonal marsh wetland
and 100-year floodplain, issuance of a building permit for the accessory structure without the
submittal of an environmental checklist, errors in the environmental checklist, location of the
accessory building in a critical aquifer recharge area,pollution of water and the environment
from chemicals associated with the servicing of vehicles,potential air pollution from exhaust and
paint fumes, noise impacts from the repair of automotive equipment, incompatibility of a
commercial business in a residential area, impacts on privacy and views, adverse impacts on
property values,potential violation of private restrictive covenants, traffic safety impacts,
inconsistency of the proposal with conditional use permit standards for a home industry, a
potential zoning violation associated with proposed residential building additions, lack of a
HE Findings, Conclusions and Decision CUP-04-03 Page 5
business license to operate the home industry, misrepresentations regarding the scope of the
business in the conditional use permit application materials, City adoption of County home
industry standards without public input, impacts on wildlife,potential impacts on Chester Creek
as a shoreline body, construction impacts, and other concerns.
36. City Critical Area maps designate Chester Creek as a Type 4 DNR stream. The City
Critical Areas Ordinance requires a standard riparian buffer width of 75 feet for such stream.
City Shoreline maps do not designate Chester Creek as a shoreline under the jurisdiction of the
State Shorelines Management Act or the City Shoreline Master Program.
37. City Critical Areas maps designate a seasonal marsh wetland associated with Chester Creek
at varying distances of approximately 20-60 feet north of the site. Such wetland designation
occupies several acres lying immediately south of the railroad right of way in the area. See map
showing seasonal marsh in exhibit 5 attached to Staff Report, County Assessor's map for Section
33 in project file, and City Critical Areas wetland inventory map.
38. The northerly two-thirds (2/3s) of the site, as well as adjacent land to the north, east and
west, are located in a 100-year flood plain that occupies considerable acreage lying south of
Dishman-Mica Road in the area. See vicinity map in exhibit 1 attached to Staff Report.
39. City Critical Areas maps do not designate any priority wildlife habitats or species location
on or near the site. City Critical Areas maps designate an alluvium soils geo-hazard on or near
the northerly portion of the site, and on the land lying between the site and Chester Creek.
40. The site and surrounding land are located in the Aquifer Sensitive Area Overlay zone. The
City Critical Areas Ordinance does not currently contain provisions for critical aquifer recharge
areas.
41. 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.
42. The maximum density of dwelling units allowed in the UR-3.5 zone is 4.35 dwelling units
per acre. The minimum lot size in such zone is 10,000 square feet, outside of a PUD Overlay
zone. Uses permitted outright in the UR-3.5 zone include a single-family home, duplex,
manufactured home for a dependent relative, community residential facility(for 8 or fewer
residents), family daycare home or mini-daycare facility, school and private kennel. Multi-family
dwellings are prohibited in the UR-3.5 zone. See Zoning Code Chapter 14.616.
43. A conditional use permit for a home industry in the UR-3.5 zone may be approved if the
special development standards for a home industry set forth in Zoning Code 14.616.240.4, and
the general criteria for issuing a conditional use permit set forth in chapter 14.404 of the County
Zoning Code are met. A"home profession"is allowed in the UR-3.5 zone through issuance of
an administrative permit.
HE Findings, Conclusions and Decision CUP-04-03 Page 6
44. 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. 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 Zoning Code.
45. The Zoning Code is intended, in pertinent part, to encourage orderly growth of the County,
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 pollution at
or below acceptable levels, and provide workable relationships between land uses and the
transportation system. Zoning Code 14.100.104
46. Under Washington case law, the effect of a proposed conditional use on neighboring
properties generally will not support denial of a conditional use permit unless the effect is greater
than the uses permitted outright in the zone involved. See Hansen v. Chelan County, 81 Wn.
App.133, 913 P.2d 409 (1996).
47. A"home industry"is defined in Zoning Code 14.300.100 as "...an occupation,profession,
or craft, excluding an adult retail establishment or adult entertainment establishment, in
association with a primary residence, which is of such an intensity or broad scope of operation
that public hearing review, as a Conditional Use Permit, is necessary. Therefore,by character
and profession, a home industry is different than a home profession or general commercial,
industrial and business uses."
48. The UR-3.5 zone, along with the Urban Residential-7 (UR-7)zone, is an implementing
zone for the Low Density Residential category of the Comprehensive Plan. Such category
provides for urban residential development at densities ranging from 1-6 dwelling units per acre.
49. The Urban Land Use Chapter of the Comprehensive Plan,which applies to the site, does
not reference"home industries"or"home professions",which uses are defined in the glossary of
the Comprehensive Plan. However,Policy UL.7.7 in the Urban Land Use Chapter states that
"home occupations"may be allowed as a residential land use, provided they do not disrupt
residential amenities concerning sight, sound, etc, or create traffic that exceeds road design or
which develops traffic hazards within the neighborhood.
50. The Comprehensive Plan glossary does not define"home occupations". The reference to
"home occupations"in Policy UL.7.7 of the Comprehensive Plan is logically construed to
include both a"home industry" and a"home profession". Accordingly, Policy UL.7.7 should be
applied to the proposal.
51. The Comprehensive Plan states that design standards for urban land use ensure
neighborhood character and compatibility with adjacent land uses. Policy UL.2.1 recommends
that minimum performance standards be established within the County Zoning Code for
nuisances such as noise, vibration, smoke, etc. as appropriate to ensure compatibility with
adjacent land uses and neighborhoods.
HE Findings, Conclusions and Decision CUP-04-03 Page 7
52. Zoning Code 14.616.240.4.b requires a home industry to be carried on in a primary
residence, or in a detached accessory building that is not greater than twice the gross floor area of
the primary residence. The 3,200-square foot accessory building that would house the home
industry is less than one-half(1/2) the gross floor area of the existing residence on the site,which
has a gross floor area of 1,800 square feet, including attached garage. With the proposed
additions to the residence, the accessory building would be significantly less than one-half(1/2)
the size of the primary residence. The subject application complies with Zoning Code
14.616.240.4.b, with or without the proposed addition to the residence.
53. Zoning Code 14.616.240.4.c provides that only members of the family residing on the
premises, and no more than two (2) employees outside of the family, may be engaged in the
home industry. The applicant testified that those family members living on the site who
potentially would be employed in the business include himself, his wife, mother-in-law and son.
The definition of"family"in Zoning Code 14.300.100 includes all such persons.
54. The applicant's statements as to the number of outside employees that would be employed
in the home industry are somewhat ambiguous. The applicant indicated that a"part-time
technician"would, at the outset,be the only outside employee working on site. Documents
submitted by the applicant state that he is entitled to have two (2) "full-time" employees. See
environmental checklist, and response to John Boyd's comments in exhibit 7b to the Staff
Report. Notations on the schematic drawing of the interior of the accessory building state that
the sales office and the office reserved for the one (1) outside employee shown on the plan are for
the"outside sales people"to write orders or research equipment when not out in the field; and
that such persons are in the office only 1-2 days per week, for just a few hours a day.
55. Zoning Code 14.616.240.4.c does not differentiate between part-time and full-time
employees. The applicant can have no more than two outside employees, full-time or part-time,
involved in the home industry activities taking place on site. This does not allow the applicant,
for example, to have two (2) outside employees access, visit or work on the site one day, and a
third outside employee access the site on another day when the other two employees are absent
from the site.
56. Zoning Code 14.616.240.4.d permits the applicant to have one(1), unlighted, attached or
detached sign"... identifying the home industry..."that is not more than four(4) square feet on a
face. The identifying information should be no more than is reasonably necessary to identify the
business, and designed in a way that retains the"residential appearance and character"of the site,
as provided in Zoning Code 14.616.240.4.a.
57. Zoning Code 14.616.240.4.e authorizes the Examiner to allow window or outside displays.
The applicant indicates he has no need for such displays, since no customers will be visiting the
site. Window or outside displays should be prohibited for the home industry, as recommended
by the Staff Report submitted by the City Department of Community Development.
HE Findings, Conclusions and Decision CUP-04-03 Page 8
58. Zoning Code 14.616.240.4.f prohibits stock from being stored or commodities being kept
for sale on the premises that are not necessary to the occupation,profession or craft. The
applicant agreed to comply with such standard, and there is no basis in the record to believe that
the home industry would violate this standard.
59. Zoning Code 14.616.240.4.g requires that all material or mechanical equipment be used in
a manner that complies with the maximum permissible noise levels set forth in chapter 173-60 of
the Washington Administrative Code (WAC). The applicant agreed to comply with such
standard.
60. City Community Development Department condition#13, #14 and#15 set forth on page 25
of the Staff Report require all repair of equipment to be done inside the accessory building,
requires all equipment to be installed inside the building unless this would violate applicable
codes or public safety or health, and limits the hours of operation of the home industry to the
hours between 7:00 a.m. and 6:00 p.m., Monday through Friday. Such conditions assure that the
home industry will comply with chapter 173-60 WAC.
61. Zoning Code 14.616.240.4.a requires that the subject property retain its residential
appearance and character. Zoning Code 14.616.240.4.h indicates that parking, traffic and storage
requirements shall be as provided by the Examiner. Zoning Code 14.616.240.i requires that all
storage areas be enclosed or completely screened from view by a maximum 6-foot high, sight-
obscuring fence meeting accessory use setback requirements.
62. City Community Development Department condition#18 set forth on page 25 of the Staff
Report limits the number of"non-residential"vehicular traffic associated with the home industry
to a maximum of four(4) vehicular trips to and from the site; and limits the hours of delivery to
those between 10:00 a.m. and 4:00 p.m. This includes customers,vendors and deliveries; but
excludes "employee-related"trips. The applicant agreed to such condition, except with regard to
the hours of delivery for UPS, FedEx and Airborne deliveries that the applicant has no control
over.
63. The environmental checklist indicated that the project would generate approximately six (6)
vehicle trips per day,with the peak hours being between the hours of 8:00 a.m. and 5:00 p.m.
Such trip generation is assumed to mean trips generated by the applicant, members of the family
residing on the premises and up to two (2) outside employees.
64. At least 95% or more of the applicant's business will be conducted off-site, approximately
one (1) equipment delivery for the home industry is expected to occur each month, and customers
will not be visiting the site. Accordingly,the allowance of four(4) non-employee trips to the site
for the home industry each day is excessive, and such trips should be reduced to no more than
two (2)per day.
65. The potential number of family employees and outside employees contemplated by the
applicant is six (6). The record indicates that outside employees would only be coming to the
site 1-2 days per week. It can be implied that the applicant's 80-year old mother-in-law will not
HE Findings, Conclusions and Decision CUP-04-03 Page 9
be driving, but it is not clear whether the applicant's wife would be coming and going to the site
for the home industry. This does not include the additional vehicle trips generated by personal
trips to and from the site by family members during the day.
66. The generation of more than six (6)roundtrip vehicle trips per day by persons employed in
the home industry, whether family members or outside employees, would make it difficult for the
site to maintain its residential appearance and character, and should be prohibited.
67. The Staff Report, on page 8, states that Zoning Code 14.616.340 requires that a single-
family residence stack two (2)parking places in the driveway to meet parking requirements.
This is an incorrect interpretation. Zoning Code 14.616.340 requires that two (2) off-street
parking spaces be provided for a single-family dwelling and allows, but does not require, such
standard to be met by stacking vehicles in the driveway. The parking requirement could be met
by use of a 2-car garage,parking one vehicle in a 1-car garage and a second vehicle behind it in
the driveway, or stacking one vehicle behind another in a driveway.
68. The applicant objected to Community Development Department condition#18,which
requires all vehicles associated with the home industry, inclusive of employee vehicles and
commercial vehicles owned and operated by the applicant,to not be parked at any time outside of
the accessory building or on the public street. The applicant proposed that employee personal
vehicles and company vans park behind the accessory structure during the day and any vehicles
remaining on the site after working hours be stored inside the accessory structure.
69. The design of the accessory building indicates that the applicant owns at least two vans
used in the home industry. It is unclear from the photos of the site in the project file whether this
includes two (2) company vans of a small delivery size,marked with the company name and
logo; or one such van and the large, unmarked"cube" or moving type van or truck visible in the
photos of the site.
70. To preserve the residential appearance and character of the site, the applicant should
provide a sufficient number of parking locations on the site for all company vehicles and outside
employee vehicles located on the site; with no allowance for on-street parking of such vehicles.
All company or outside employee vehicles should be kept inside the accessory structure after
business hours. Community Development Department condition of approval#14 reasonably
limits business hours to the hours between 7:00 a.m. and 6:00 p.m., Monday through Friday.
71. To preserve the residential appearance and character of the site, only one(1) of the
applicant's vehicles associated with the home industry, and only one(1) outside employee
vehicle that is not oversize or marked with any business name/logo, should be allowed to park
outside the accessory building during the day. Such vehicles should be required to park in the
graveled area located in front of the accessory building during the day. All other vehicles
associated with the home industry must be parked in the accessory building during the day. The
Examiner takes notice that many citizens take a company vehicle home from off-site employment
that has the company name/logo displayed on the vehicle.
HE Findings, Conclusions and Decision CUP-04-03 Page 10
72. Community Development Department condition of approval#11 requires that the site be
developed so that all vehicle deliveries or pick-ups of materials, including municipal waste and
recycling, associated with the home industry, enter the site, load or unload the materials, and turn
around on the site before leaving it; and also prohibits backing to or from the right of way. This
helps prevent conflicts with other vehicles and children or pedestrians occupying the adjacent
cul-de-sac.
73. Community Development Department condition of approval#16 requires all storage of
material or equipment associated with the home industry to occur within the accessory building
or be stored off-site, to preserve the residential appearance and character of the site. The
applicant did not object to such requirement.
74. Community Development Department condition of approval#17 ensures that neighboring
properties will not be adversely impacted by exterior lighting associated with the home industry.
Community Development Department condition of approval#9 restricts the on-site idling of
vehicles associated with the home industry, to minimize noxious air emissions. The conditions
of approval recommended by the Spokane County Air Pollution Control Authority ensure that
neighboring properties will not be adversely affected by objectionable odors, diesel exhaust, dust
emissions, or other air quality impacts.
75. The applicant objected to the fencing and landscaping requirements stated in Community
Development Department conditions of approval#1(a-f) on page 28 of the Staff Report. The
applicant specifically objected to having to fence the entire east and west property lines, use only
vinyl or cedar fencing, being required to install both fencing and sight-obscuring landscaping as a
buffer, and being required to install landscaping that would be consumed by wildlife. See
Exhibit A. Deer do frequent the area.
76. The Staff Report states as part of the rationale for the fencing and landscaping requirements
that there are currently no accessory structures visible from Hollow Court in the cul-de-sac where
the site is located, and the structures installed on adjacent properties are not of the size and shape
of the subject accessory building. Zoning Code 14.404.102.1.c authorizes the Examiner to
impose special landscaping and screening requirements in approving a conditional use permit.
77. The UR-3.5 zone allows the construction of the accessory structure with or without the
home industry, and allows other adjoining residential properties the same opportunity. Even
combining the square footage of the accessory building with that of the existing residence and the
proposed additions to the residence, the building coverage on the site would be approximately
12,200 square feet, or about 25%building coverage. The maximum building coverage in the
UR-3.5 zone is 50%. The UR-3.5 zone otherwise permits construction of an accessory building
up to a total of 4,000 square feet, for a parcel of land between 1-2 acres in size.
78. Screening of the visible home industry activities from neighboring properties is necessary
to maintain the residential appearance and character of the property. The most visible and noise
producing activities associated with the home industry are the use of the proposed driveways on
HE Findings, Conclusions and Decision CUP-04-03 Page 11
the site, and the graveled area proposed adjacent to the accessory building, by vehicles associated
with the home industry.
79. The residential property most significantly affected by the proposal is the McNulty property
located directly east of the site. The side and back of the McNulty's residence is located near the
proposed driveway and the east gravel driveway that extending south to the accessory building.
The residences on the west side of the applicant's property are located some distance from the
site fronting along Forest Meadows Drive.
80. It is appropriate to require, as a visual and noise buffer for neighboring properties,the
installation and maintenance of a 6-foot high,residential-style, fully sight-obscuring fence along
the southeast boundary of the site, and along the east and west property boundaries parallel to the
graveled driveways and gravel parking area abutting the south side of the accessory building; and
to require sight-obscuring landscaping along the southeast boundary of the site and that portion
of the east boundary that lies parallel to the McNulty residence.
81. Community Development Department conditions#10 and#20 adequately address the
storage of solid and liquid waste on the site, and the use and handling of critical materials (i.e.
potential pollutants) on the site. The applicant indicated that only typical household chemicals
would be stored or used on site, and that there would be no discharge of fluids below the ground
level. See exhibit 7a attached to Staff Report.
82. Community Development Department condition#5 on page 27 of the Staff Report requires
that stormwater runoff from the site be managed in the event the proposed gravel driveway are
paved or used for the repair or storage of automobile equipment.
83. County Fire District conditions of approval require the applicant to provide a new fire
hydrant within 300 lineal feet of the subject accessory building, and require the driveways on the
site to have a minimum width of 20 feet with an inside turn radius of 30 feet. At the public
hearing, the applicant testified that the width of the internal driveways could be reduced to 12
feet. Such reduced width should be allowed if permitted by the Fire District.
84. County Health District and County Utility requirements require that public sewer and water
be extended to the accessory building and residence on the site, and make adequate provision for
the disposal of sanitary waste on the site.
85. There is no competent evidence that the proposal will have any significant adverse traffic
impact on the public road infrastructure serving the proposal.
86. City Community Development Department conditions of approval properly limit the
conditional use permit to the uses described in the application, do not allow the permit to run
with the land, and provide for immediate expiration of the permit if the home industry use is
permanently discontinued.
HE Findings, Conclusions and Decision CUP-04-03 Page 12
87. A qualified real estate appraiser who resides in the area, Tony Higley, submitted a written
opinion and testimony on behalf of neighboring residents, regarding the economic and financial
impact of the proposed home industry, as conditioned, on neighboring residents and properties.
Such appraiser found that the home industry would change the nature and character of the
adjacent cul-de-sac and other neighboring properties. See Exhibits B through B-4, Exhibit C,
and testimony of Tony Higley.
88. The appraiser concluded that impacts from"external obsolescence", as defined in the
written opinion, associated with the home industry would devalue neighboring properties by 5-
10%; and that impacts from loss of view,privacy, and quiet enjoyment associated with the home
industry would additionally devalue the seven(7)properties adjacent to the site by an additional
5-10%. The appraiser also submitted a"before" and"after"appraisal for the McNulty property
located directly west of the site,based on such discounting of value,which concluded that such
property would be decreased in value by$22,500 from $175,000 to $152,500. See Exhibits C-1
and D-1.
89. The applicant indicated that he had been through appraisal school,provided information
that $400,000 would be invested in the residence on the site, and opined that the home industry
would not devalue adjacent properties.
90. The UR-3.5 zone permits a home industry through issuance of a conditional use permit, as
long as the special and general development standards for such use are met. This may result in
adverse impacts on neighboring properties,which must be mitigated if significant. Certain of the
adverse impacts cited by appraiser Higley, such as loss of view, appear to pertain to the erection
of the accessory building,which can be erected regardless of the home industry, or to any home
industry.
91. The applicant objected to condition of approval#1 recommended by the Community
Development Department-Current Planning Division; which requires that the term of the
conditional use permit be limited to a maximum period of two (2)years, subject to time
extensions in 1-year increments up to a 5-year life; and requires a separate public hearing and
permit required to allow continued operation of the home industry after five (5)years from the
date of the original approval.
92. The Staff Report found that limitations on the duration of the conditional use permit are
necessary in order to control and monitor impacts to the surrounding residential property and to
ensure that the home industry use is compatible with surrounding land uses.
93. The special development standards of the UR-3.5 zone do not limit the duration of a
conditional use permit for a home industry. The Zoning Code does limit the duration of certain
types of conditional use permits. For example, a conditional use permit for a private kennel in
the UR-3.5 zone is specifically limited to a period not to exceed two (2) years, subject to renewal
of the permit if all conditions of approval are met and the City determines it is advisable to allow
such renewal.
HE Findings, Conclusions and Decision CUP-04-03 Page 13
94. Zoning Code 14.404.102.1.i allows the Hearing Examiner to impose duration or time
limitations for certain activities associated with a conditional use permit. Zoning Code
14.404.102.3 authorizes the Examiner to suspend of revoke a conditional use permit if, after a
public hearing, the Examiner concludes that the permit holder failed to comply with conditions
or restrictions included in the permit.
95. A conditional use permit is a valuable right, and the Zoning Code does not vest the Hearing
Examiner with specific authority to limit the duration of a conditional use permit issued for a
home industry in the UR-3.5 zone. The Staff Report does not identify a specific activity of the
conditional use that requires a time limitation, or why a specific activity associated with the
home industry should be limited in time. The Department of Community Development has the
authority to periodically monitor the conditional use permit without a formal time extension
process, and can seek revocation or modification of the permit when deemed necessary.
96. The applicant should be required to allow the Department to inspect the site at reasonable
times and provide requested information to ensure that the home industry is being operated in
accordance with the conditions of approval.
97. Section 11.20.050 of the City Critical Areas Ordinance requires that when a"regulated
activity" listed under Table 11.20.030A of the Ordinance is proposed on a property that is within
a wetland, or a wetland buffer, a wetland report is necessary. Regulated activities include, in
pertinent part, the construction of a single-family residence and accessory structures, private
access driveways, commercial building construction, excavation/filling/grading greater than 30
cubic yards, vegetation removal and stormwater disposal.
98. Depending on the category of wetland, the Critical Areas Ordinance requires minimum
wetland buffer widths range from 25 feet to 200 feet. As discussed above, City Critical Areas
maps designate an extensive seasonal marsh wetland associated with Chester Creek at varying
distances of approximately 20-60 feet north of the site.
99. The proposed accessory building is located only 23 feet from the north boundary of the site,
for which footings and foundation have already been installed. Photographs of the site indicate
excavation activities for the accessory building conducted north of the building on the site. The
applicant has also suggested use of the area behind the building for parking and fencing. The
Staff Report requested the installation of fencing and landscaping along the east and west
property lines clear to the north boundary of the site.
100. Considering the proximity of the site to the designated wetland, the activities proposed by
the applicant and the potential buffer widths required for wetlands, a wetland report should have
been required for the construction of the accessory building and the conditional use permit
application. A wetland report should be required prior to any further development of the site
located within 200 feet of the subject wetland.
101. The northerly two-thirds (2/3s) of the site are located in a 100-year floodplain associated
with Chester Creek that is specifically designated on the Flood Insurance maps adopted for the
HE Findings, Conclusions and Decision CUP-04-03 Page 14
area by the Federal Emergency Management Agency. The City Floodplain Ordinance prohibits
any development, structure works or fill from being undertaken, constructed, located, extended,
connected or altered on any property within a 100-year floodplain without first obtaining a
floodplain development permit Such ordinance also requires the City Engineer to review
building permits and conditional use permit applications to ensure they are consistent with the
need to minimize flood damage, and impose conditions of approval to ensure compliance with
the purposes and provisions of the ordinance.
102. The City Floodplain Ordinance indicates that the floodplain in the lower reaches of
Chester Creek(between Mohawk Road, located south of the site, and Sprague Avenue, located
north of the site), which includes the portion of the creek lying northerly of the site, serves as a
natural percolation or recharge area. Because of the importance of the Chester Creek floodplain
for disposal, as well as the storage of floodwaters, special requirements apply. This includes the
prohibition of paved driveways and no more than 5% of the 100-year floodplain area on the site
being covered by impervious surfaces.
103. The Floodplain Ordinance specifically requires that proposals for development in a 100-
year floodplain be reviewed for possible impacts on wetlands under the City Critical Areas
Ordinance.
104. Department of Community Development#12 prohibits any portion of the"...existing
structural and physical development..." associated with the home industry, or any other future
development of the site, from occurring within any portion of the 100-year floodplain on the site
without first obtaining a floodplain development permit from the City.
105. The Staff Report indicates that the applicant provided elevation information regarding the
elevation of the site to City staff at the time a building permit was issued for the accessory
building, demonstrating that the building was located outside the 100-year floodplain; and that
the City building official and City Engineer later conducted a site visit to verify such information.
106. A floodplain development permit should have been obtained for the subject accessory
building and other development proposed within the floodplain for the conditional use permit,
since it was proposed within the mapped 100-year floodplain shown on the maps. The
information provided by the applicant regarding the elevation of the site was appropriate to
present as part of the permit process, to obtain the permit and avoid flood proofing requirements,
if any; but did not exempt the applicant from applying for a floodplain development permit.
107. City Critical Areas maps designate an alluvium soils geo-hazard on or immediately north
of the northerly portion of the site, and on the land lying between the site and Chester Creek. A
determination should be made by the Department of Community Development if the accessory
building and other construction associated with the home industry are located in the designated
alluvium soil area, and whether a geo-hazard evaluation and mitigating measures are required for
the conditional use permit. See Section 11.20.070 of City Critical Areas Ordinance.
HE Findings, Conclusions and Decision CUP-04-03 Page 15
108. The Examiner has imposed conditions of approval to ensure that the conditional use
permit complies with the City Floodplain Ordinance and Critical Areas Ordinance property,
maintains its residential appearance and character, complies with other applicable standards for a
home industry in the UR-3.5 zone, is reasonably compatible with neighboring residential uses,
and meets the general requirements for issuance of a conditional use permit under the Zoning
Code.
109. As conditioned, the proposal will not have more than a moderate effect on the quality of
the environment,will be reasonably compatible with neighboring land uses and is consistent with
the Comprehensive Plan.
Based on the above Findings of Fact, the Hearing Examiner enters the following:
II. CONCLUSIONS OF LAW
1. The proposed conditional use permit for a home industry in the Urban Residential-3.5 (UR-
3.5) zone, as conditioned, conforms to the City Comprehensive Plan.
2. The proposal, as conditioned, is consistent with the purpose and intent of the UR-3.5 zone,
the standards for a home industry and the general development standards of the UR-3.5 zone,
other applicable provisions of the City Zoning Code, and applicable development regulations.
3. The proposal, as conditioned, is reasonably compatible with other uses permitted in the
UR-3.5 zone or located in the vicinity of the proposed use.
4. The proposal, as conditioned, reasonably mitigates any adverse impacts on adjacent
properties by reason of use, extension, construction or alteration allowed with respect to the
conditional use.
5. The proposal, as conditioned,will not have a significant,probable, adverse impact on the
environment. The requirements of the State Environmental Policy Act and the City's Local
Environmental Ordinance have been met.
6. The proposal, as conditioned, satisfies the requirements for issuance of a conditional use
permit under Chapter 14.404 of the City Zoning Code.
7. Approval of the land use application, as conditioned, is appropriate under City Ordinance No.
03-57, as amended by Ordinance No. 03-081.
III. DECISION
Based on the above Findings of Fact and Conclusions of Law, the application for a
conditional use permit for a home industry in the Urban Residential-3.5 (UR 3.5) zone, for a
business related office, storage and occasional repair of automobiles and equipment, is hereby
approved, subject to the conditions of approval specified below.
HE Findings, Conclusions and Decision CUP-04-03 Page 16
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.
CONDITIONS OF APPROVAL:
A. General conditions:
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT—CURRENT
PLANNING DIVISION:
1. The conditional use permit shall be developed as described in the application and site
development plans submitted by the applicant for the home industry, subject to compliance with
conditions of approval and development regulations.
2. The conditional use permit shall apply only to the home industry uses described in the
conditional use application. Home industry uses not specifically identified in the application
shall not be conducted on the subject property under the auspices of the permit.
3. The conditional use permit approval applies only to the applicant, James Ferrell, and is not
transferable to the existing property owner or any successors in the ownership interest of the
subject property different from the applicant.
4. The conditional use authorization shall expire immediately if the applicant permanently
discontinues or abandons the home industry use of the property.
5. Subject to conditions of approval,the proposal shall comply with the specific development
standards set forth in Chapter 14.616.240.4 (Conditional Use Permit for a Home Industry) of the
City Zoning Code.
6. Subject to conditions of approval, the proposal shall comply with the general development
standards set forth in Chapter 14.616 (Urban Residential-3.5 Zone) of the City Zoning Code.
7. All signage for the home industry shall conform to the standards set forth in Section
14.616.240 4.d of the City Zoning Code. Window or outside displays for the home industry are
prohibited.
8. Only member(s) of the family who continuously reside in the primary residence on the
subject property, and no more than two (2) employees of the applicant outside of the family, shall
be allowed to engage in the operation of the home industry use on the site.
HE Findings, Conclusions and Decision CUP-04-03 Page 17
9. In order to minimize impacts to air quality from non-residential use emissions on the site,
the idling of vehicles associated with the home industry at or on the subject property shall not be
permitted at any time.
10. The storage and disposal of solid and liquid waste associated with the home industry use
shall be conducted off-site at a properly designated site or area.
11. The subject property shall be developed in such a way that vehicles delivering or picking up
items or material associated with the home industry use, including solid waste and/or liquid
waste recycling and pickup, are required to enter the site, load/unload items of materials on the
site, and turn around before exiting the site. Backing into the property from the public right-of-
way, or backing into the public right of way from the property, shall not be permitted.
12. The subject property is designated in a 100 year floodplain (area of special flood hazard)
as identified on Federal Emergency Management Agency Flood Insurance Maps. The proposed
accessory building and other portions of the proposed home industry use are located in such
floodplain. The applicant shall obtain approval of a floodplain permit from the City of Spokane
Valley for the accessory building and other development associated with the home industry use
in the floodplain. Any other future development at the subject property proposed to occur within
the 100-year floodplain shall not be authorized until an approved floodplain permit from the City
of Spokane Valley is obtained.
13. Any repair of automotive equipment associated with the home industry use on the subject
property shall be conducted inside the proposed accessory building.
14. To minimize noise impacts to neighboring properties resulting from operation of the home
industry use, the hours of operation for the home industry use shall be limited to the hours
between 7:00 a.m. and 6:00 p.m.,Monday through Friday. There shall be no home industry
related use of the subject property on Saturdays or Sundays.
15. To minimize noise impacts to neighboring residential properties from any material or
mechanical equipment installed for the home industry use, any such material or mechanical
equipment shall be installed within the interior of the subject accessory building;provided that,
in those instances where the City Building Official or designee determines that the placement of
material or mechanical equipment within the interior of the structure would violate applicable
codes or presents a possible public safety, health and welfare issue, the proposed equipment shall
be authorized to be placed outside of the structure,provided that appropriate sound buffering
measures are taken by the applicant to ensure minimal noise impacts to surrounding properties.
Required sound buffering measures may include,but shall not be limited to the placement of the
equipment within a mechanical shed, or the installation of fencing or dense landscape material
screening and buffering entirely around the equipment.
16. To minimize aesthetic impacts from the non-residential components of the proposed home
industry, there shall be no outdoor storage of material or equipment associated with the home
HE Findings, Conclusions and Decision CUP-04-03 Page 18
industry use at the subject property at any time. All storage of material or equipment shall occur
within the accessory structure or off-site.
17. To minimize impacts to neighboring residential properties, no exterior wall-mounted or
pole-mounted lighting shall be installed at any time on or near the accessory building, or on the
subject parcel, that would provide direct or indirect lighting for the operation of the home
industry use; provided that one (1) light with an intensity not more than100 watts maybe
authorized to be installed on the south side of the accessory building above the door, if located at
one (1) of the entrances for individuals on the south side of the accessory structure.
18. To minimize impacts to neighboring residents from non-residential vehicular traffic
associated with the home industry use, a maximum of six (6) roundtrip vehicle trips per day by
persons employed in the home industry, whether family members or outside employees, are
permitted.
19. To minimize impacts to neighboring residents from non-residential vehicular traffic
associated with the home industry use, a maximum of two (2) non-residential vehicular trips per
day to and from the subject parcel associated with the home industry use of the property,
inclusive of customers, vendors, and deliveries (excluding trips by employee related trips) shall
be permitted; provided, such trips shall be authorized to occur only between the hours of 10:00
a.m. and 4:00 p.m., Monday through Friday; except for UPS, FedEx and similar deliveries that
the applicant has no control over with regard to the time of delivery during the day.
20. To minimize noise and traffic conflicts, and to preserve the residential appearance and
character of the site, the parking of company vehicles or outside employee vehicles is prohibited
in the driveways of the subject property or on any portion of the public street lying adjacent to the
site or in the neighborhood. A maximum of one (1) company vehicle, and a maximum of one (1)
outside employee vehicle provided it is not oversize or marked with any business name/logo, may
be parked in the graveled area located immediately south of the accessory building during the
day. All other parking of company or outside employee vehicles shall be inside the accessory
building. The unauthorized parking of company or outside employee vehicles associated with
the home industry on or near the site shall be subject to code enforcement proceedings by the
City of Spokane Valley.
21. City Critical Areas maps designate a seasonal marsh wetland near the north property line
of the subject property. Prior to further site development located within 200 feet of the seasonal
marsh wetland designated north of the site, the applicant shall provide a wetland report
prepared by a qualified wetland specialist, in accordance with Section 11.20.050 of the County
Critical Areas Ordinance. This includes but is not limited to completion of the accessory
building, development of the on-site driveways and gravel area adjacent to the accessory
building, the installation of fencing or landscaping, the removal or placement of fill, and other
activities regulated by the City Critical Areas Ordinance.
HE Findings, Conclusions and Decision CUP-04-03 Page 19
22. City Critical maps illustrate an alluvium geo-hazard on or near the site to the north. Site
development shall comply with the geo-hazard provisions of the City Critical Areas Ordinance,
which may necessitate preparation of a geo-hazard evaluation and geo-hazard mitigation plan.
23. The City Department of Community Development is authorized to monitor the applicant's
compliance with conditions of approval and development regulations in the development and
operation of the home industry, at such times as it deems appropriate. The applicant shall allow
inspections of the site and provide information requested by the Department that is necessary to
conduct such monitoring.
24. The conditional use permit may be suspended or revoked, if after a public hearing, the
Hearing Examiner finds that the applicant failed to comply or ensure compliance with conditions
of approval.
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT—BUILDING
DIVISION:
25. Based on the nature of the operation, a critical materials list prepared in accordance with
Section 14.706.040.3 of the Spokane Valley Zoning Code shall be completed for the products
listed therein as well as any additional products associated with the proposed home industry use.
No potential or known critical materials shall be stored or used for the home industry use without
the prior approval and submittal of a critical materials list analysis and material safety data sheet
(MSDS), pursuant to Section 14.706.040.3 of the City Zoning Code. Further, all applicable
requirements of Chapter 14.706 (Aquifer Sensitive Overlay Zone) of the City Zoning Code shall
be complied with at all times for the operation of the home industry use.
SPOKANE COUNTY FIRE DISTRICT NO. 1:
26. The on-site access driveways shall have a minimum width of twenty(20) feet with an
inside turn radius of thirty(30) feet;provided, the width of such driveways may be reduced to
twelve (12)feet if authorized by the Fire District and the City of Spokane Valley Engineering
Division. Prior to the City's authorization of a certificate of occupancy for the accessory
structure within which the home industry is proposed to occur, the required on-site driveways
shall be reviewed and approved by the City of Spokane Valley Engineering Division, as
applicable, shall be constructed, and shall be inspected and approved by Spokane County Fire
District No. 1.
SPOKANE REGIONAL HEALTH DISTRICT:
27. The use of private wells and water systems shall be prohibited.
28. A public sewer system will be made available for the project. Use of an individual on-site
sewage disposal system shall not be authorized.
29. Water service shall be coordinated through the Director of Utilities, Spokane County.
HE Findings, Conclusions and Decision CUP-04-03 Page 20
30. Water service shall be by an existing public water supply when approved by the Regional
Engineer(Spokane), State Department of Health.
31. The sewage disposal method shall be authorized by the Director of Utilities, Spokane
County.
32. The disposal of effluent beneath paved surfaces is currently prohibited.
SPOKANE COUNTY DIVISION OF UTILITIES:
33. Public sewers shall be constructed to provide for the connection of each parcel to the
County's system of sewerage. Uses on the property located within the project shall be required
to connect to the sewer and pay applicable charges per the County Sewer Ordinance. A sewer
connection permits shall be required. The property is located in the Ponderosa Sewer Project.
The requirement to connect for this project ended in May of 2003. Therefore the existing house
and accessory structure are required to connect.
34. 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.
35. Sewer plans acceptable to the Division of Utilities shall be submitted prior to the issuance
of the sewer connection permit.
36. 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 (SCAPCA):
37. If objectionable odors result from this project, effective control apparatus and measures
shall be employed to reduce odors to a minimum.
38. Special attention shall be given to proper maintenance of diesel powered construction
equipment, to reduce the impact of diesel exhaust, a suspected carcinogen.
39. 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. The applicant shall contact SCAPCA for a
Notice of Construction Application.
HE Findings, Conclusions and Decision CUP-04-03 Page 21
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 a result of the project shall be disposed of by means other than burning.
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT—CURRENT
PLANNING DIVISION:
4. Upon any discovery of potential or known archaeological resources at the subject site prior
to or during existing and future on-site construction, the developer, contractor, and/or any other
parties involved in construction shall immediately cease all on-site construction, shall act to
protect the potential or known historical and cultural resources area from outside intrusion, and
shall notify, within a maximum period of twenty-fours from the time of discovery, the City of
Spokane Valley Community Development Department of said discovery.
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT—ENGINEERING
DIVISION:
5. Due to the non-residential nature of the proposed home industry use, stormwater runoff for
the proposed home industry use shall be addressed and treated in the event the proposed gravel
driveways are paved and/or the graveled areas are used for the repair or storage of automobile
equipment. If such conditions apply, a Professional Engineer, licensed in the State of
Washington, shall submit final road and drainage plans and a drainage report that conform to the
2001 Edition of the Spokane County Standards for Road and Sewer Construction, the 1998
Spokane County Guidelines for Stormwater Management(both adopted on an interim basis by
the City of Spokane Valley), and all other applicable standards.
C. Prior to Issuance of Certificate of Occupancy:
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT—CURRENT
PLANNING DIVISION:
1. To preserve the residential appearance and character of the property, and minimize land
use impacts resulting from the non-residential use of a portion of the property, screening and
buffering of the subject parcel from abutting residential properties shall be required. Required
HE Findings, Conclusions and Decision CUP-04-03 Page 22
screening and buffering shall be as follows and shall be installed prior to the issuance of
certificate of occupancy for the accessory structure.
a. Installation and maintenance of a six (6)-foot high fully sight-obscuring, residential-style
fence along the west and east property lines of the site parallel to the respective access
driveways and parallel to the gravel parking area located south of the accessory
building. For purposes of this mitigation measure, fully site-obscuring fencing shall be
construed to mean no separation between boards and/or posts of the fence.
b. Installation and maintenance of a six (6)-foot high fully sight-obscuring, residential-style
fence along the 77.91 lineal feet of the southeast property line until a terminus point
parallel with the front face of the residence subject property. For purposes of this
mitigation measure, fully site-obscuring fencing shall be construed to mean no separation
between boards and/or posts of the fence.
c. Installation and maintenance of hedges or shrubs having a minimum planting height of
four(4) feet and a minimum mature height of ten(10) feet within three (3)years, and
spaced a maximum of three (3) feet apart, along the 77.19 lineal feet of the southeast
property line of the subject parcel; and along the east property line of the site adjacent to
the residence and swimming pool located on the adjacent property to the east.
d. The applicant shall submit the design of the fence to the City Community Development
Department for review and comment prior to its installation.
SPOKANE VALLEY COMMUNITY DEVELOPMENT DEPARTMENT—BUILDING
DIVISION:
2. The Spokane Valley Building Division has determined that a change of occupancy is
required for the home industry based on the proposed nonresidential uses associated with the
home industry listed above. A change of occupancy application shall be submitted to the City of
Spokane Valley Building Division, and shall be approved and any conditions of issuance shall be
met prior to the issuance of a certificate of occupancy for the accessory structure.
3. Prior to issuance of certificate of occupancy for the required change of occupancy, all
necessary permits for connection to public sewer shall be approved and the connection to public
sewer completed. If the on-site proposed gravel driveways are installed prior to the change of
occupancy approved per the Building Division requirement, no vehicle shall drive on or over the
existing drain field until it has been abandoned and connection to public sewer is complete.
SPOKANE COUNTY FIRE DISTRICT No. 1:
4. In order to provide adequate fire flow for the provision of appropriate fire services to the
subject parcel inclusive of the home industry use, and pursuant to Section 3.05.031.e.2. of Title 3
of the adopted City of Spokane Valley's Interim Building Code, a new fire hydrant shall be
HE Findings, Conclusions and Decision CUP-04-03 Page 23
installed within 300 lineal feet of the accessory structure prior to the issuance of certificate of
occupancy by the Spokane Valley Building Division for the accessory structure.
DATED this 27th day of February, 2004
CITY HEARING EXAMINER PRO TEM
d ' C.
Michael C. Dempsey, WSBA#82 /
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 February 27, 2004. The date of issuance of the Hearing Examiner's decision is
therefore March 1, 2004. THE LAST DAY FOR APPEAL OF THIS DECISION TO
SUPERIOR COURT BY LAND USE PETITION IS MARCH 22,2004.
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.
HE Findings, Conclusions and Decision CUP-04-03 Page 24