CUP-01-04 CITY OF SPOKANE VALLEY HEARING EXAMINER
RE: Conditional Use Permit for a Private Kennel, )
in the Urban Residential-3.5 (UR-3.5) Zone; ) FINDINGS OF FACT,
Applicant: Susanne C. Stralka ) CONCLUSIONS OF LAW,
File No. CUP-01-04 ) AND DECISION
I. SUMMARY OF DECISION
Hearing Matter: Application for a private kennel in the UR-3.5 zone.
Summary of Decision: Approve application for the keeping of up to eight (8) dogs, subject to
conditions of approval.
II. FINDINGS OF FACT
1. The application requests a conditional use permit for a private dog kennel, in the Urban
Residential 3.5 (UR-3.5) zone, to be located in detached accessory structures on a 3-acre parcel
of land.
2. The site is located at the southeast corner of the intersection of Fourth Avenue and Steen
Road, in the NE '/4 of Section 24, Township 25 N, Range 44 East, Willamette Meridian, Spokane
Valley, Washington.
3. The site is currently referenced as County Assessor's tax parcel no. 45241.9069, and is
addressed at 409 S. Steen Road. The subject property is legally described in the project file.
4. The applicant for the proposal and site owner is Susanne C. Stralka, 409 South Steen Road,
Spokane Valley, Washington.
5. On July 6, 2004, the applicant submitted a complete application for the conditional use
permit and the site plan of record to the City of Spokane Valley Department of Community
Development.
6. On September 9, 2004, the Department of Community Development issued a
Determination of Nonsignificance (DNS) for the proposal. The DNS was not appealed.
7. On September 30, 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
September 28, 2004 and November 2, 2004.
8. The following persons testified at the public hearing:
HE Findings, Conclusions and Decision CUP-01-04 Page 1
Micki Harnois Susanne C. Stralka
Department of Community Development 409 S Steen Road
City of Spokane Valley Spokane Valley, WA 99037-7902
11707 E. Sprague Avenue, Suite 106
Spokane Valley, WA 99206
Diane Freepons Peggy Johnson
16915 E 4th Avenue 516 S Steen Road
Spokane Valley, WA 99037-8922 Spokane Valley, WA 99037-8968
William Magee
314 S. Flora Road
Greenacres, WA 99016
9. The public hearing was held in accordance with City Ordinance No. 57, as amended by City
Ordinance Nos. 03-081 and 04-012; and the City Hearing Examiner Rules of Procedure.
10. The Hearing Examiner takes notice of the City Comprehensive Plan, City Zoning Code,
City Phase I Development Regulations, 2001 City Standards for Road and Sewer Construction,
1998 City Guidelines for Stormwater Management, City Critical Areas Ordinance, other
applicable development regulations, and prior land use decisions in the vicinity.
11. The record includes the documents in File No. CUP-01-04 at the time of the public hearing,
the documents and testimony submitted at the public hearing, and the items taken notice of by the
Hearing Examiner.
12. The site is three (3) acres in size, "L"-shaped and relatively flat in topography. A single-
family residence and 480-square foot detached garage are located in the northwest portion of the
site, fronting along Steen Road. A 1,200-square foot shop is located in the middle of the north
portion of the site, fronting along Fourth Street. A detached accessory building is located in the
southeast extension of the site. The house and shop on the site were recently connected to public
sewer.
13. The site plan of record illustrates the existing improvements on the site. Two (2) dog runs
are affixed to the east end of the detached garage and six (6) dog runs are attached to the south
side of the shop. Sight-obscuring fencing shields the runs attached to the garage on the north and
south, and shields the runs attached to the shop on the east. A 20-foot by 40-foot area, enclosed
by non sight-obscuring cyclone (chain link) fencing, is located approximately 10 feet south of the
dog runs attached to the shop.
14. A 6-foot high sight-obscuring cyclone fence is located along the west boundary of the site,
and along the south boundary of the northwest portion of the site. Sight-obscuring landscaping is
located along a portion of the north boundary of the site, north of the existing residence and
garage. Non sight-obscuring cyclone fencing is located along the remaining perimeter of the site,
and also divides the interior of the site into separate outside run or yard areas.
HE Findings, Conclusions and Decision CUP-01-04 Page 2
15. The kennel would be operated out of the existing garage and shop on the site. The
applicant currently has six (6)personal dogs of the Akita breed,which dogs as adults range from
60-100 lbs. The applicant testified that the dogs have litters approximately once every two (2)
years, but she doesn't plan to breed the dogs commercially. The applicant also plans to insulate
the shop this winter. The applicant has been operating a private kennel without a required
conditional use permit for approximately two (2) years.
16. The site and nearby properties are designated in the Low Density Residential category of
the Comprehensive Plan and zoned UR-3.5; except to the north, where the land is designated in
the High Density Residential category and zoned Urban Residential-22 (UR-22). Some UR-7
zoning is found further to the south. Further to the east and southeast, east of Flora Road, the
land is designated in the Medium Density Residential category and zoned Urban Residential-7
(UR-7). Some Urban Residential-12 (LTR-12) zoning is found further to the southeast.
17. The land surrounding the site consists of single-family residences on lots and parcels of
various sizes, along with some animal keeping on the larger parcels in the vicinity. A mobile
home park is located approximately 450 feet north of the site, along the south side of Sprague
Avenue. A gully, seasonal stream and treed area lie southerly of the site. A retirement center on
land zone UR-12 is located some distance southeast of the site, east of Flora Road.
18. The City Arterial Road Plan designates Sprague Avenue to the north as an Urban Principal
Arterial. The other roads in the vicinity are Urban Local Access roads. Steen Road and Fourth
Avenue are paved roads with a right of way width of 40 feet, and lack curb and sidewalk.
19. City Critical Areas maps designate a Type 4 stream, with a 75-foot riparian buffer, along
and crossing a portion of the south boundary of the southeast extension of the site; a narrow band
of Urban Natural Open Space priority wildlife habitat located along such stream; and a narrow
band of alluvium geo-hazard located along such stream. The Staff Report and the pre-application
form completed by the applicant failed to note such critical areas.
20. A 100-year floodplain(Flood Zone A) extends from east to west south of the northwest
portion of the site and almost the entire southeast extension of the site. The seasonal stream
located on or adjacent to the site flows into Shelley Lake to the southwest.
21. The site and surrounding land are located in the Aquifer Sensitive Area Overlay zone, and
the County Urban Growth Area.
22. The application for a private kennel does not propose the construction or use of any
structures, or other uses or activities regulated by the County Critical Areas Ordinance, within the
critical areas or floodplain designated on the site. Accordingly, there is no basis under the City
Critical Areas Ordinance to require the applicant to submit a habitat management plan or geo-
hazard evaluation report for the private kennel proposal.
23. Several owners of neighboring properties improved with single-family homes expressed
opposition to the proposed private kennel, through the submission of letters, signing a petition
and/or testifying at the public hearing. This included the owners of all properties located
HE Findings, Conclusions and Decision CUP-01-04 Page 3
between the site and Flora Road to the east; the owner of the parcel lying directly southeast of the
site; the owners of six (6) lots located along the east side of Flora Road to the east and northeast;
and the owners of all but three (3)parcels located between the site and the mobile home park
located 450 feet north of the site.
24. The opponents of the proposal expressed concern regarding barking dogs, the potential for
increased numbers of dogs on the site, too many dogs in the neighborhood, potential odors,
potential transfer of private kennel use to applicant's successor in interest, and other concerns.
25. The owners of the two (2) lots improved with single-family homes located north of the west
half of the site, across Fourth Avenue, and the owner of the 3-acre parcel improved with a single-
family home located southwest of the site, across Steen Road, expressed support for the proposal.
Such owners indicated that the applicant's current dogs are well cared for and have not caused a
barking disturbance in the neighborhood.
26. The UR-3.5 zone is intended to promote areas of primarily single-family residential use,
within an urbanized neighborhood setting having a high level of public service, including public
water, public sewer when available, and paved and curbed roads.
27. The 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), home profession(subject to issuance of an administrative permit), family daycare
home or mini-daycare facility, church, hospital and school. See Zoning Code Chapter 14.616.
28. A conditional use permit for a private kennel in the UR-3.5 zone may be approved if the
special development standards for a private kennel set forth in Zoning Code 14.616.240.5, and
the general criteria for issuing a conditional use permit set forth in chapter 14.404 of the City
Zoning Code are met. A private kennel may house 5-10 dogs and/or 5-10 cats over six (6)
months of age.
29. 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.
30. 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
31. 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
HE Findings, Conclusions and Decision CUP-01-04 Page 4
than the uses permitted outright in the zone involved. See Hansen v. Chelan County, 81 Wn.
App.133, 913 P.2d 409 (1996).
32. The implementing zones for the Low Density Residential category of the Comprehensive
Plan are the UR-3.5 zone and the UR-7 zone. Such category provides for urban residential
development at densities ranging from 1-6 dwelling units per acre.
33. The Urban Land Use Chapter of the Comprehensive Plan, which applies to the site, does
not reference private kennels. 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, smell and similar factors; or create traffic that
exceeds road design or which develops traffic hazards within the neighborhood.
34. 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.
35. The 3-acre site well exceeds the minimum lot area of one-half(1/2) acre required for a
private kennel in the UR-3.5 zone.
36. The UR-3.5 zone requires outside runs or areas for a private kennel to be located at least 50
feet from any dwelling, other than the dwelling of the owner, and requires the outside run or
areas to be enclosed with 6-foot high sight-obscuring fencing.
37. The dogs runs attached to the garage are located approximately 180 feet from the nearest
residences to the east and north, approximately 320 feet from the nearest residence to the east,
and approximately 160 feet from the nearest residence to the south. Such runs are sight-obscured
on all sides except the east, which deficiency would have to be remedied to show compliance
with the screening requirements for private kennels in the UR-3.5 zone.
38. The shop and attached dog runs are located approximately 115 feet from the nearest
residence to the north, 220 feet from the nearest residence to the east, 250 feet from the nearest
residence to the west, and 190 feet from the nearest residence to the south.
39. The dog runs attached to the shop are sight-obscured from views to the west and northwest
by the applicant's house, sight-obscuring fencing located along the west property line and sight-
obscuring landscaping located along a portion of the north boundary. The runs are sight-
obscured on the north by the shop, and on the east and south by sight-obscuring fencing. The
runs are partially sight-obscured from the southeast by sight-obscuring fencing, and additional
screening may be necessary to demonstrate compliance with the screening requirements for
private kennels.
40. If the cyclone fence enclosure located south of the dog runs attached to the shop is used to
house dogs for any length of time during the day, such enclosure will have to be screened with
HE Findings, Conclusions and Decision CUP-01-04 Page 5
sight-obscuring fencing to demonstrate compliance with the screening requirements for private
kennels.
41. The applicant currently walks and exercises the dogs outside the existing dog runs on the
site. This can be permitted for limited periods of time without having to screen the areas located
outside the dog runs, provided the dogs are under the immediate control of the dogs and do not
create a barking nuisance.
42. The UR-3.5 zone requires that all animals in a private kennel be housed within a structure,
and prohibits the keeping of animals outside a structure,between the hours of 10:00 p.m. and
6:00 p.m. The applicant indicated that she generally keeps the dogs inside at night during the
winter between 8:00 p.m. at night and 8:30 a.m. in the morning, and during the summer between
9:00 p.m. at night and 9:30 a.m. in the morning.
43. The UR-3.5 zone requires that the structures housing the animals be large enough to
accommodate all animals, and be adequately soundproofed to meet the maximum permissible
noise levels set forth for the number of animals to be kept during a period of normal operation.
44. The applicant did not present any evidence that the structures housing the dogs would
comply with the maximum permissible noise levels set forth in WAC 173-60-040. The applicant
does plan to insulate the shop where the dogs will be housed at night, and has shock collars to
control the barking of her dogs. At a minimum, the applicant should be required to consult with
a sound consultant in insulating the kennel structure(s); and if noise complaints are received
regarding the kennel in the future, to submit a sound study prepared by a qualified sound
consultant that demonstrates compliance with the maximum permissible noise levels.
45. The applicant indicated that she did not want more than eight (8) dogs on the site.
Considering the lack of a sound study, the number of adult dogs on the site should be limited to
eight (8).
46. The UR-3.5 zone authorizes the Examiner to require landscaping and noise abatement in
addition to sight-obscuring fencing for the outside runs or areas. In the event that daytime noise
from the dogs is causing neighborhood complaints, it may be necessary for staff to require
additional screening or landscaping around the perimeter of the outside runs.
47. The site is large enough to accommodate the one (1) off-street parking space required for
the private kennel. Customer traffic to the site will be negligible or non-existent.
48. The applicant will be required to obtain a private kennel license from Spokane County
Animal Control.
49. The applicant will be required to comply with Spokane Regional Health District
requirements for the disposal of wastes from the dogs, and comply with State Department of
Ecology requirements for the disposal of wash-down wastewater from the kennel areas.
HE Findings, Conclusions and Decision CUP-01-04 Page 6
50. Conditions of approval have been added to ensure that the private kennel will comply with
the development standards of the UR-3.5 zone, and not have any significant adverse impact on
neighboring properties. The conditional use permit is subject to review in two (2) years, which
provides an additional measure of control over the private kennel if problems arise.
51. The property is well kept and it appears that the applicant will take good care of the dogs
kept on site. No other conditions of approval are necessary to protect and assure the health,
safety and welfare of nearby residences. The conditional use permit is personal to the applicant
and cannot be transferred to others.
52. As conditioned, the proposal will comply with the standards for private kennels in the UR-
3.5 zone, comply with other provisions of the County Zoning Code and applicable development
regulations, will be reasonably compatible with neighboring land uses, and not have any
significant adverse impact on the environment, and will be consistent with the Comprehensive
Plan.
Based on the above Findings of Fact, the Hearing Examiner enters the following:
III. CONCLUSIONS OF LAW
1. The proposed conditional use permit for a private kennel, as conditioned, conforms to the
Comprehensive Plan.
2. The proposal, as conditioned, is consistent with the purpose and intent of the Urban
Residential-3.5 (UR-3.5) zone, the standards for a private kennel and the general development
standards of the UR-3.5 zone, the City Zoning Code and other applicable development
regulations.
3. The proposal, as conditioned, is reasonably compatible with other uses permitted in the
UR-3.5 zone, or in the location of the proposed use.
4. The 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 more than a moderate effect on the quality of
the environment.
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 Nos. 03-081 and 04-012.
HE Findings, Conclusions and Decision CUP-01-04 Page 7
IV. DECISION
Based on the above Findings of Fact and Conclusions of Law, the application for a
conditional use permit for a private kennel in the Urban Residential-3.5 (UR 3.5) zone is hereby
approved, subject to the conditions of approval specified below.
Any public agency conditions that have been significantly altered or supplemented are
italicized.
Failure to comply with the conditions of this approval may result in revocation or
suspension of this approval by the Hearing Examiner. This approval does not waive the
applicant's obligation to comply with all other requirements of other agencies with jurisdiction
over land development.
Conditions of Approval:
Spokane Valley Community Development Department:
1. New structures or remodeling of existing structures for the kennels will require permits.
2. The applicant shall comply with the development standards for a private kennel in the
Urban Residential-3.5 (UR-3.5 zone), and other applicable provisions of the City Zoning Code.
3. The private kennel shall be developed in substantial compliance with the site plan of record
submitted on July 6, 2004, subject to compliance with conditions of approval and development
standards.
4. The private kennel shall be limited to eight(8) dogs over the age of six (6) months.
5. The applicant shall consult with an expert sound consultant in insulating the shop and
garage for noise abatement, to assure compliance with the maximum permissible noise levels set
forth in chapter 173-60 WAC.
6. If noise complaints are received from neighboring property owners, the Community
Development Department may require the applicant to submit a sound study prepared by a
qualified sound consultant and provide additional sound abatement that demonstrates
compliance with the maximum permissible noise levels set forth in chapter 173-60 WAC. The
Community Development Department may also require landscaping or additional screening
around the outside runs to prevent a noise disturbance.
7. The enclosure illustrated on the site plan south of the shop and attached runs shall be
screened as required by the standards of the UR-3.5 zone for private kennels, if used to house
dogs during the day for any length of time.
HE Findings, Conclusions and Decision CUP-01-04 Page 8
8. The applicant may walk and exercise the dogs on the site outside the kennel runs illustrated
on the site plan for brief periods of time during the day, provided the dogs are under the direct
control of the applicant or other responsible person and the dogs do not cause a noise
disturbance.
9. City Critical Areas maps designate various critical areas in the south end of the southwest
extension of the site, and a 100 year floodplain on the southwest extension of the site. The
applicant shall comply with the City Critical Areas Ordinance and the City Floodplain
Ordinance regarding such areas.
10. The City Department of Community Development shall perform a site inspection to ensure
that the private kennel is in compliance with the standards for private kennels in the UR-3.5
zone.
11. The Conditional Use Permit is granted for a period of(2)years from the date of this
decision, until November 4, 2006 and is personal to the applicant. Prior to such expiration
date, the City Department of Community Development shall conduct a site inspection and
administrative review of the conditional use permit, to determine whether the private kennel is in
compliance with the conditions of approval established herein, review any zoning complaints
associated with the kennel, and determine whether the permit should be renewed. If the private
kennel is in compliance with the conditions of approval, the Conditional Use Permit may be
renewed for a period not to exceed two (2)years, subject to submittal of the appropriate
processing fee. The renewal decision should be made prior to expiration of the conditional use
permit.
12. The conditional use permit may be suspended or revoked if, after a public hearing preceded
by notice as specified in Section 14.404.060 of the City Zoning Code as amended, the Hearing
Examiner finds that the applicant failed to comply with conditions or restrictions included in the
permit.
Spokane Regional Health District:
13. The use of private wells and water systems shall be prohibited.
14. A public sewer system will be made available for the project.
15. Water service shall be coordinated through the Director of Utilities, Spokane County.
16. Water service shall be by an existing public water supply when approved by the Regional
Engineer(Spokane), State Department of Health.
17. The sewage disposal method shall be authorized by the Director of Utilities, Spokane
County.
18. The applicant shall comply with the Spokane Regional Health District's Solid Waste
Handling Standards, which address the disposal of wastes from animals in the following ways:
HE Findings, Conclusions and Decision CUP-01-04 Page 9
Section 1.06.300 (2) (h-j) On-Site Storage, Collection and Transportation Standards
h. Disposal of wastes from household pets may be by burial, to the sanitary sewer
system if acceptable to the sewer operating entity, into a tied bag for collection as
garbage, or by other methods as approved by the District.
i. On-site storage and disposal of solid wastes from animal kennels, shelters, or
stables shall conform to the standards of this Section.
j. Animal wastes shall not be collected, deposited, or allowed to remain in any
place to the prejudice of other persons as described in RCW 7.48.140(1).
19. In regards to the wash-down wastewater from cleaning the pen areas, there are no
Spokane Regional Health District permits required for its disposal. The applicant shall contact
the Washington State Department of Ecology for such generated wastewater disposal. The
kennel should be operated and maintained in a manner so as to not create a nuisance.
Spokane County Regional Animal Care and Protection Services:
20. The applicant shall obtain a private kennel license from SCRAPS.
DATED this 4th day of November, 2004
CITY HEARING EXAMINER PRO TEM
/ 4
Michael C. Dempsey, WSBA#8235 r
HE Findings, Conclusions and Decision CUP-01-04 Page 10
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.
03-81 and 0-412, 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 November 4, 2004. The date of issuance of the Hearing Examiner's decision is
therefore November 8, 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 NOVEMBER 29, 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-01-04 Page 11