CAR-03-806 CITY OF SPOKANE VALLEY HEARING EXAMINER
RE: Notice of Violation under City )
Ordinance Nos. 03-053 and 04-013; ) FINDINGS OF FACT,
Site Owner: Miriam C. Deshler ) CONCLUSIONS OF LAW,
File No. CAR-03-806 ) AND DECISION
This matter coming on for public hearing on July 1, 2004 on an alleged civil violation of
City of Spokane Valley Ordinance No. 03-053 and 04-013,regarding animal keeping in the UR-
3.5 zone, the Hearing Examiner, after review of the notice of violation 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 site is currently referenced as County Assessor's tax parcel no. 45141.0714, and has a
site address of 14913 E. Broadway Avenue, Spokane Valley, WA 99216-0512.
2. The subject property is located along the north side of Broadway Avenue, between
Progress Road and Burns Road, in Spokane Valley, Washington.
3. County Assessor records indicate the owner and taxpayer of record for the site is Deshler
Family Trust, c/o Helen B. Deshler, 14913 E. Broadway Avenue, Spokane Valley, WA 99216-
0512.
4. The site is approximately 28,130 square feet in size, rectangular in shape and relatively flat
in topography. The site is improved with a single-family residence with an attached garage,two
barns and a garden shed. The site also contains several large trees, shrubs, brush and weeds. A
driveway is found on the south side of the residence. A sight-obscuring wood fence bounds
three-fourths of the site.
5. On December 15, 2003, a neighboring property owner submitted a signed complaint to
the City Department of Community Development regarding the property site complaining of
chickens being kept on the property; odor from the chickens, especially during the summer
months,noise from crowing roosters on the property and a possible business being conducted on
the property.
6. On December 17, 2003, a code enforcement officer from the City Department of
Community Development conducted a field investigation at the site. The officer contacted
Miriam C. (Carter) Desher,who resides on the site and is a trustee of the property. Deshler
advised the officer that she would reduce the number of chickens on the site from a total of 200
chickens to 15 laying hens.
7. After receiving another complaint from the neighbor, and discussing the situation with
Carter Deshler, the code enforcement officer visited the site again on April 11, 2004, and
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observed at least eight (8) chickens still on the property,by looking from the neighbor's property
through openings in the fence surrounding the property. The record indicates that Deshler has
been advertising and selling eggs from the site.
8. On May 18, 2004, the City Department of Community Development served a Notice of
Violation on the site owner at the site address,by regular mail and by certified mail with five (5)
days return receipt requested. The notice assessed a civil penalty of$250.
9. The Notice of Violation alleged that the Carter Deshler was raising or keeping small
animals not permitted in the UR-3.5 zone, specifically numerous chickens, in violation of City
Ordinances 03-53 and 04-013. The notice substantially contained the information required by
Ordinance No. 04-013.
10. On May 27, 2004, Carter Deshler timely appealed the Notice of Violation to the Hearing
Examiner.
11. The Hearing Examiner conducted a public hearing on the alleged violation on July 1, 2004.
Notice of the hearing was timely and properly provided to Miriam C. Deshler by certified mail as
required by City Ordinance.
12. Carter Deshler did not appear at the public hearing,but submitted a written statement in
response to the Notice of Violation.
13. The following persons testified at the public hearing:
Chris Berg Cary Driskell
Code Enforcement Officer Assistant City Attorney
City of Spokane Valley City of Spokane Valley
11707 E. Sprague Avenue, Suite 106 11707 E. Sprague Avenue, Suite 106
Spokane Valley, WA 99206 Spokane Valley, WA 99206
14. The Hearing Examiner takes notice of City Ordinance Nos. 03-053 and 04-013, the City
Zoning Code, the Spokane County Zoning Code, and the official zoning maps for the City of
Spokane Valley and Spokane County.
15. The record includes the documents in City File No. CAR-03-806 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.
16. On January 1, 1991, the zoning of the site was reclassified from the zoning of the site under
the now expired County Zoning Ordinance to the Urban Residential-3.5 (UR-3.5) zone,pursuant
to the Program to Implement the Spokane County Zoning Code.
17. Effective January 15, 2002,the County implemented a new Comprehensive Plan, County
Urban Growth Area(UGA)boundaries, and Phase I Development Regulations; all pursuant to
the State Growth Management Act(GMA). See County Resolution Nos. 2-0037 and 2-0470.
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18. On March 31, 2003, the City of Spokane Valley was incorporated,which includes the site
and surrounding property. On the same date, the City adopted by reference, as City land use
controls, the County Phase I Development Regulations, County Zoning Code and other
development regulations, with certain revisions.
19. Information provided by the appellant, Carter Deshler indicates that she moved to the area
with her mother(Helen Deshler) in 1998, after which time her mother purchased the site and
Carter Deshler proceeded to live on the property with her mother.
20. The site has been zoned UR-3.5 since January 1, 1991. The keeping of large and small
animals, as defined by the Zoning Code, including the keeping of chickens, is unlawful in the
UR-3.5 zone. See Sections 14.605.060, 14.616.020 and Section 14.300.100, and definition of
"animal, small".
21. The appellant indicated that animal keeping facilities were located on the site when they
moved in and that the sellers of the property had small animals continuously in the past.
However, the appellant did not provide any specific information regarding the keeping of
chickens on the site by the previous owners, the period during which chickens were kept or how
many chickens were kept. Accordingly, the appellant has not established nonconforming rights
for the property under Section 14.508.040 of the City Zoning Code.
22. The City Department of Community Development requested that the civil penalty of$250
be suspended if the appellant enters into a voluntary compliance agreement within 20 days of the
Hearing Examiner's written decision finding the violation to have been committed.
II. CONCLUSIONS OF LAW
1. The City of Spokane Valley properly complied with the procedures set forth in City
Ordinance No. 04-013 regarding issuance and service of the subject Notice of Violation.
2. The City of Spokane Valley provided proper notice of hearing to the site owner for the
hearing conducted by the Examiner, and complied with other applicable procedures.
3. The City Department of Community Development established that Carter Deshler kept
small animals, i.e. chickens on the site in violation of the City Zoning Code and Ordinance Nos.
03-053 and 04-013..
4. The Examiner must impose a civil monetary penalty of $250 against the site owner,
Miriam C. (Carter)Deshler.
III. DECISION
Based on the Findings of Fact and Conclusions of Law stated above,the
Hearing Examiner upholds the Notice of Violation and imposes a civil monetary penalty of$250
against Miriam C. (Carter) Deshler and the subject property;provided, such penalty shall be
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suspended if a voluntary compliance agreement is entered into with the City Department of
Community Development within 20 days from the date of this decision.
DATED this 10th day of August, 2004
CITY HEARING EXAMINER PRO TEM
A -
Mich el C. Dempsey, WSBA 35
NOTICE OF FINAL DECISION AND NOTICE OF RIGHT TO APPEAL
Pursuant to chapter 36.70C RCW, the decision of the Hearing Examiner on a Notice of
Violation under City Ordinance No. 03-067 is final and conclusive unless within twenty-one (21)
calendar days from the issuance of the Examiner's decision, a party with standing files a land use
petition in superior court pursuant to chapter 36.70C RCW. Pursuant to chapter 36.70C RCW,the
date of issuance of the Hearing Examiner's decision is three (3) days after it is mailed.
This Decision was mailed by Certified Mail to Miriam C. (Carter) Deshler, at 14913 E.
Broadway Avenue, Spokane Valley, WA 99216-0512, on August 10, 2004. The date of issuance
of the Examiner's decision is accordingly August 13, 2004.
THE LAST DAY FOR APPEAL OF THIS DECISION TO SUPERIOR COURT
BY LAND USE PETITION IS SEPTEMBER 3, 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, (509) 921-1000. Copies of the documents in the record will be
made available at the cost set by the City of Spokane Valley.
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