CAR-03-616 CITY OF SPOKANE VALLEY HEARING EXAMINER
RE: Notice of Violation Under City of )
Spokane Valley Zoning Ordinance ) FINDINGS OF FACT,
Appellant: Garth B. Peterson ) CONCLUSIONS OF LAW,
File No. CAR-03-616 ) AND DECISION
This matter coming on for public hearing on December 18, 2003 on an alleged civil
violation of City of Spokane Valley Ordinance No. 03-067, regarding the storage of junk
vehicles on private property, the Hearing Examiner, after review of the appeal and the
entire record, and finding good cause therefore, hereby makes the following Findings of
Fact, Conclusions of Law and Decision:
I. FINDINGS OF FACT
1. The subject property is located at the southeast corner of the intersection of Main
and Conklin Road, in the SE 1/4 of Section 13, Township 25 N,Range 44 EWM, in
Spokane County, Washington.
2. The site is currently referenced as County Assessor's tax parcel no. 45134.1350,
and has a site address of 122 North Conklin Road, Spokane Valley, WA 99037.
3. The site is legally described as Lot 6,Block 2 of Replat of Block 13 of Vera, as per
plat recorded in 1947 in Volume"X"of Plats, Page 27, Except the North 5 feet thereof,
records of Spokane County Auditor; situate in Spokane County, Washington.
4. The owner of and taxpayer of record for the site is Garth B. Peterson, 122 N.
Conklin Road, Veradale, Washington 99037-9513.
5. The site is approximately 13,728 square feet in size,rectangular in shape and
relatively flat in topography. The easterly portion of the site is improved with a single-
family residence constructed in 1947. The residence has an attached 1-car garage and
adjacent carport in the front of the lot, which faces Main Avenue. A 6-foot high wood
fence surrounds a portion of the rear yard of the property. Several large evergreen and
deciduous trees are found in the rear yard.
6. Garth Peterson acquired the property in approximately 1962. The residence on the
site is currently unoccupied. Garth Peterson currently resides at another location in
Spokane County.
7. On October 17, 2003, the City of Spokane Valley Department of Community
Development mailed a Notice of Violation to Garth Peterson by certified mail. The
notice alleged the storage of four(4)junk vehicles in the front yard of the subject
property, and the storage of numerous junk vehicles in the rear yard of the site, in
HE Findings, Conclusions and Decision CAR-03-616 Page 1
violation of City Ordinance No. 03-067. The notice indicated that a civil monetary
penalty of$250 would be assessed if the Hearing Examiner determined that a violation of
the ordinance had occurred. The Notice of Violation substantially contained the
information required by Ordinance No. 03-067.
8. On November 4, 2003, the Department mailed a letter to Garth Peterson by certified
mail, notifying him of a hearing date before the Hearing Examiner of November 13, 2003
on the alleged violation. On November 17, 2003, the Department mailed a letter to Garth
Peterson by certified mail, notifying him that the hearing date had been rescheduled for
December 4, 2003. =s
9. On December 3, 2003, the Hearing Examiner continued the hearing until December
18, 2003.
10. The Hearing Examiner conducted a site visit on December 12, 2003.
11. The Hearing Examiner conducted a public hearing on the alleged violation on
December 18, 2003. Notice of the hearing was properly provided to Garth Peterson, as
required by City Ordinance No. 03-067.
12. The following persons testified at the public hearing:
Chris Berg Cary Driskell
Code Enforcement Officer Deputy City Attorney
City of Spokane Valley City of Spokane Valley
11707 E. Sprague Avenue Suite 106 11707 E. Sprague Avenue
Spokane Valley, WA 99206 Spokane Valley, WA 99206
Garth B. Peterson Rena Peterson
122 N. Conklin Road PO Box 1974
Veradale, WA 99037-9513 Klamath Falls, OR 97601
13. The Hearing Examiner takes notice of City Ordinance No. 03-067,the City Zoning
Code, the Spokane County Zoning Code, the now expired Spokane County Zoning
Ordinance, and the official zoning maps for the City of Spokane Valley and Spokane
County.
14. The record includes the documents in City File No. CAR-03-616 and County File
No. CV-68-00 for the subject property, 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.
15. Between 1942 and 1991, the site was zoned Agricultural under the now expired
County Zoning Ordinance.
HE Findings, Conclusions and Decision CAR-03-616 Page 2
16. The Agricultural zone prohibited general commercial uses,but allowed an auto
wrecking yard or junkyard through issuance of a conditional use permit, subject to
compliance with various performance standards. A conditional use permit for an auto
wrecking yard or junkyard was not issued for the site while it was zoned Agricultural.
17. The Agricultural zone permitted the non-commercial storage of"junk or parts
vehicles"on property which contains a residence,provided they were not stored in the
front, flanking street or side yard setback area; and provided they were either completely
sight-screened from a non-elevated view by a fence, hedge, shrubs or maintained
landscaped berm, or were stored inside a building.
18. On January 1, 1991, the zoning of the site was reclassified to the Community
Business (B-2) zone,pursuant to the Program to Implement the Spokane County Zoning
Code. The B-2 zone prohibited auto/truck repair, auto/truck sales and auto
wrecking/junk/salvage yards. The B-2 zone required all storage to be within an enclosed
building, except for retail products for sale or rent;prohibited storage in any front or
flanking yard, and prohibited outdoor storage of inoperable or unlicensed vehicles or
remnants.
19. In January of 2001, the County issued a Notice of Violation to Garth Peterson
advising him that at least five(5)unlicensed/inoperable vehicles were being stored on the
site without appropriate screening, in violation of the storage standards of the B-2 zone.
The notice indicated that the vehicles (10)being stored in the back yard at the time were
not in violation of the B-2 zone, since they were screened from view by a sight-obscuring
fence. The alleged violation was based on a written complaint signed by 50 neighboring
residents.
20. Various efforts were made by Spokane County between 2001 and 2002 to resolve
the 2001 violation notice. On October 16, 2001, the applicant's daughter advised the
County that all the unlicensed/inoperable vehicles in the front yard had been removed
except for three vehicles that had been there for many years. See letter dated 10-16-01
from RL Peterson. Additional complaints regarding junk vehicles on the site were
received from neighbors in November of 2002.
21. On January 15, 2002, the County reclassified the zoning of the site to the Urban
Residential-7 (UR-7) zone,pursuant to the County Phase I Development Regulations.
The UR-7 zone under the County Zoning Code prohibited commercial uses, and required
all storage to be in a building and accessory to a permitted use on the property.
22. The UR-7 zone under the County Zoning Code, on lots where the primary use was a
residence, allowed the private, noncommercial storage of up to three(3) inoperable or
unlicensed vehicles or remnants,provide they were completely sight-screened with a
maintained fence, Type I or II landscaping or landscaped berm. Such zone permitted the
unlimited storage of inoperable or unlicensed vehicles in an enclosed building with
closed doors, and the storage of vehicle remnants and parts inside a vehicle or completely
HE Findings, Conclusions and Decision CAR-03-616 Page 3
enclosed building with doors. Such zone terminated any nonconforming storage of more
than two (2) inoperable or unlicensed vehicles outside of a completely enclosed building
where the primary use is a residence effective January 1, 1993.
23. 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
24. On September 23, 2003, the City adopted Ordinance No. 03-067, regulating the
storage of junk vehicles on private property. The ordinance declared all junk vehicles
placed, stored or permitted to be located on private property to be public nuisances to be
abated under the ordinance. The ordinance amended the storage standards of the UR-7
zone with regard to the storage of inoperable and/or unlicensed vehicles.
25. Ordinance No. 03-067 defines a"junk vehicle"to mean a vehicle substantially
meeting at least three (3) out of four(4) criteria, i.e. the vehicle is at least three (3) years
old; the vehicle is extensively damaged, "...such damage including but not limited to any
of the following: a broken window or windshield, missing wheels, tires, motor, or
transmission..."; the vehicle is apparently inoperable; and the vehicle has an approximate
fair market value equal only to the approximate value of the scrap in it.
26. The record indicates that a 1967 Pontiac convertible, an 1967 Rambler convertible
and a 1958 Pontiac Starfire with a transparent cover are stored in the driveways of the
attached garage and carport of the residence; and that a 1953 Hudson Hornet covered
with a solid tarp is stored inside the carport.
27. The record indicates that the 1958 Pontiac Starfire has a cracked windshield and
that the front end of the 1953 Hudson Hornet is extensively damaged. A"cracked"
window logically is a type of"broken"window. Both vehicles meet the criteria of
"extensively damaged".
28. Several vehicles are located in the rear yard of the residence. At least two of these
vehicles, or vehicle remnants, are visible through a gap in the fence located on the west
side of the property, and are extensively damaged.
29. All of the vehicles stored on the site appear to not currently be licensed and
inoperable, and at least three(3) years old. The site owner indicated that some or all of
the vehicles on the site could easily be made operable,but such facts if true would not
make them currently operable.
30. Based on the testimony submitted by the site owner and his daughter, the vehicles
stored on the site all appear to have a fair market value as"collector"vehicles, and a
value greater than their value as scrap.
SCI
HE Findings, Conclusions and Decision CAR-03-616 Page 4
31. There is no evidence that any of the vehicles on the site are in the process of being
repaired, or being used as parts for a vehicle under repair on the site.
32. The vehicles and vehicle parts on the site are not being stored or parked in a lawful
manner on the site in connection with the business of a licensed dismantler or licensed
vehicle dealer. Such use is not allowed in the UR-7 zone.
33. Up to two (2)junk vehicles may be stored on the site in the UR-7 zone under
Ordinance No. 03-067, as long as they are completely sight-screened by maintained Type
I or Type II landscaping, a maintained landscaped berm or fencing. At least two junk
vehicles are currently visible from outside the west fence on the site due to a gap in the
fencing. Other junk vehicles in the rear yard may be visible from the neighbor's property
to the south. See 2002 aerial photo.
34. The site owner failed to abate the violation within 15 days of being served with the
Notice of Violation.
II. CONCLUSIONS OF LAW
1. The City of Spokane Valley properly complied with the procedures set forth in City
Ordinance No. 03-067 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.
3. At least two 2 vehicles in the front yard of the residence, the 1958 Pontiac Starfire
and the 1953 Hudson Hornet, and at least two vehicle or vehicle remnants located near
the west fence of the rear yard of the site, substantially meet 3 of the 4 criteria for"junk
vehicles" set forth in Ordinance No. 03-067, do not meet any of the exceptions to the
ordinance, and are in violation of such ordinance.
4. The Examiner must impose a civil monetary penalty of $250 against the site owner,
Garth Peterson.
5. The Examiner has no authority to rule on the constitutionality of Ordinance No. 03-
067. The ordinance does appear to be a proper exercise of the police power of the City.
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 Garth Petersen and the subject property.
HE Findings, Conclusions and Decision CAR-03-616 Page 5
DATED this 29th day of December, 2003
CITY HE G EXAMINER PRO TEM
Mic ael C. Dempsey, W:A#.L' 5
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 the Appellant on December 29,
2003. The date of issuance of the Examiner's decision is accordingly January 2, 2004,
counting to the next business day when the last day for mailing falls on a holiday.
THE LAST DAY FOR APPEAL OF THIS DECISION TO SUPERIOR
COURT BY LAND USE PETITION IS JANUARY 23, 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.
HE Findings, Conclusions and Decision CAR-03-616 Page 6