Spokane Valley Hearing Examiner Meeting – May 7, 2026: Subdivision and Variance Hearings
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Spokane Valley Hearing Examiner Meeting – May 7, 2026
The Spokane Valley Hearing Examiner, Andy Cotkamp, convened the meeting at 9:00 AM on May 7, 2026, at City Hall Council Chambers. Two land-use hearings were conducted: a preliminary plat approval for the 3rd and Barker Subdivision (SUB-2026-0001) and a variance request for a front-yard setback reduction at an assisted living facility (VAR-2025-0001). No public testimony was offered at the hearing for either item, though two written comments were received for the variance. The Hearing Examiner closed the public record on both items and will issue written decisions within 10 working days.
Hearing No. 1: Preliminary Plat – 3rd and Barker Subdivision (SUB-2026-0001)
- Project Overview: An application by Whipple Consulting Engineers on behalf of Russell & Shelley Boucher to create 17 residential lots on a 2.98-acre parcel located near the future intersection of East Third Avenue and South Barker Road. The site is zoned R-3 (single-family residential). Proposed density is 5.7 dwelling units per acre (under the allowed 8). Lots range from 5,023 to 8,757 square feet, meeting the minimum 5,000 sq. ft. requirement. Improvements include extension of East Third Avenue, a new public street (Donwood Court), curb/gutter, drainage swales, sidewalks, street trees, and screening along Barker Road. Utilities: sewer by Spokane County, water by Consolidated Irrigation District No. 19, fire by Spokane Valley Fire Department. The site is within Central Valley School District. No critical areas identified; a Determination of Non-Significance (DNS) was issued April 3, 2026, and not appealed.
- Staff Presentation: Associate Planner Brandon McNullis recommended approval subject to 19 conditions listed in the staff report (Exhibits 1-20, plus staff PowerPoint Exhibit 22). He concluded the proposal meets all applicable codes (Titles 19, 20, 21, 22) and street standards.
- Applicant Presentation: Austin Fuller (Whipple Consulting Engineers) presented historical aerials to show surrounding development context and argued the project fits the urban growth area. He raised a late concern about a requested utility easement (5-foot utility easement adjacent to a 20x200-foot stormwater easement). The applicant requested to install a single fence at the edge of the stormwater easement (green line) rather than two fences (blue line) to avoid creating an inaccessible 5-foot gap. The applicant expressed willingness to work with utility companies to resolve this.
- Public Comments: None.
- Key Outcomes: The Hearing Examiner closed the public record. A written decision will be issued within 10 working days. Conditions of approval were not contested except for the fence/easement request, which will be addressed in the decision.
Hearing No. 2: Variance – Sunshine on Raymond Properties (VAR-2025-0001)
- Project Overview: An application by Sunshine on Raymond Properties to vary the front-yard setback from 15 feet to zero feet along the west side (Raymond Road) to permit an entry canopy/cover at an assisted living facility (10507 E 11th Ave). The building is a three-story, approximately 16,000 sq. ft. assisted living facility already under construction. The applicant requested a zero-foot setback to the edge of the right-of-way to protect pedestrians from weather when dropping off/picking up. The city had previously required a 7-foot right-of-way dedication, resulting in a 9-foot-10-inch distance from the front door to the curb. The canopy would cover that area. The property is zoned MFR (multi-family residential), which does not allow canopies in setbacks, while mixed-use zones do. The applicant argued the variance is necessary because of the nature of assisted living (safety, senior residents) and that it will not set a precedent since this is the only MFR-zoned parcel in the neighborhood.
- Staff Presentation: Associate Planner Adam Knight recommended approval with conditions (staff report Exhibits 1-9, plus PowerPoint Exhibit 10). He noted that two public comments were received: one in support, one in opposition. (The opposition comment was related to the building itself, not the variance request.) Staff concluded the proposal generally meets variance criteria under SVMC 19.170.
- Applicant Testimony: Dwight Hume (agent) and Nathan Dykes (owner/operator) testified under oath. Hume explained that the pull-out area was agreed upon with the city to improve safety by moving drop-offs off Raymond Road. He argued the canopy is essential for weather protection and that the variance is consistent with the intended use (group living/assisted living), which is permitted in MFR. He noted that the zoning code may be amended during an upcoming comprehensive update to allow such canopies for assisted living facilities. Dykes emphasized the safety benefits for residents and emergency vehicle access. Neither applicant objected to the staff’s proposed conditions, though Hume said he had not reviewed them fully and requested a continuance—but the hearing proceeded without objection.
- Public Comments: None at the hearing; two written comments were mentioned (one support, one opposition).
- Key Outcomes: The Hearing Examiner closed the public record. A written decision will be issued within 10 working days. The examiner acknowledged that variances are difficult to obtain and will carefully evaluate the criteria.
Closing
Meeting adjourned at approximately 10:30 AM. All decisions are final unless appealed within 21 days via a land-use petition action.
Meeting Transcript
Recording in progress. We are now recording. I am going to call this meeting to order. This is the May 7th, 2026 meeting of the City of Spokane Valley Hearing Examiner. My name is Andy Cotkamp, and I've been appointed by Spokane Valley to serve as a land use hearing examiner. My job is to render decisions on various matters that are authorized to come before me, which include preliminary plat approvals of major subdivisions and variances. That's what we have on the agenda for today. The hearing process does have certain rules. I'll still try to be somewhat relaxed and informal, but we still have a procedure we're going to use. First of all, staff will present their report to make whatever recommendations that they wish to make. Next, the applicant or the applicant's representative is given an opportunity to present their testimony and evidence. Next, if somebody from the public came to testify, I'll give you that chance to do so. And then if there is any testimony in opposition to the project, I will give the applicant an opportunity to submit whatever rebuttal testimony they wish to make. Because the applicant has the burden of proof, the applicant gets the last opportunity to present testimony and evidence. If you do have questions, uh you can reach out to staff or the applicant after the hearing to have your questions addressed. I have the option following this hearing to keep the record open if I think there's a need for additional written testimony to be submitted. But in any event, my written decision will be made within 10 working days after I close the public record. There is a hearing rosters uh up for the hearings uh near the entry of the hearing room. If you haven't signed in yet, you can do so on your way out. Please sign in. It helps us keep a record of who's here at the hearing, and you may obtain important legal rights by being here and testifying. Um see here if you have any cell phones. Uh please check them now. Make sure that they are off or in current or in silent mode so as not to uh disturb anybody else here. Except as provided by this uh Spokane Valley Municipal Code regarding requests for reconsideration. My decision uh on both of these matters will be final and conclusive unless they are appealed. Appeals are by means of what's called a land use petition action. They have to be filed within 21 days of the date of the issuance of the decision. If the appeal isn't timely filed, the appeal would be barred. Um I've reviewed the items on today's agenda. I don't have any interest in any of the properties or the proposals to be heard today, and I'll be able to fairly and objectively consider each item. And outside of receiving and reviewing the staff report and those exhibits to the staff report, I've not had any communication regarding either of the items that are on today's agenda. So with those representations, if you do object to me serving as the hearing examiner, you need to come forward and state so at this time. Hearing none, we'll turn to the first item on today's agenda. This is the uh preliminary plat approval request. It's given application number SUB 2026-0001. This is an application to create 17 residential lots on a 2.98 acre parcel of property located within the city of Spokane Valley. Um going to admit into the record exhibits one through 19 will be those that are referenced in the staff report. Exhibit 20 will be the staff report itself. Exhibit 21 is the applicant's May 5th, 2026 uh letter. Um to the hearing examiner. Uh I understand that there's going to be some PowerPoints, so exhibit 22 will be the staff PowerPoint. Exhibit 23 will be the applicant's PowerPoint. So we'll turn this matter over to Mr. McDellas for the staff presentation. Good morning, Mr. Hearing Examiner. Uh my name is Brandon McNullis. I'm an associate planner here with the I'm an associate planner here with the City of Spokane Valley, and today I'll be presenting. Why am I getting that feedback?
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