County Nixes Request To Allow 10-Acre Lots In/Around: West Plains

Spokane County commissioners have reversed a hearing examiner decision and ruled that a West Plains landowner cannot subdivide 40 acres into four lots.

Kate McCaslin, in her first land-use decision since becoming a commissioner on Jan. 1, said landowner Will Payne had not shown that his neighborhood has “substantially changed” since the land was zoned “exclusive agriculture” in the 1980s.

That zone classification is intended to protect prime farm land. It prohibits lots smaller than 40 acres on Payne’s land, about 1-1/2 miles north of Coulee Hite Road and just west of Riverside State Park.

Payne requested that the zoning be changed to “general agriculture,” which allows lots as small as 10 acres. He argued that the soil is too poor to be considered prime.

Payne said he plans to appeal the decision to Superior Court.

“I met all the criteria for the rezoning,” he said. “The land is not agricultural land. … It’s too rocky.”

In August, hearing examiner Mike Dempsey granted the zone change, which was recommended by county staff. Neighbors appealed that decision.

McCaslin and Commissioner John Roskelley voted against the zone change Jan. 21. Commissioner Phil Harris wanted to uphold Dempsey’s decision.

In 1994 Payne asked for a rezone for 160 acres that included the 40 acres commissioners considered this month. That request was denied.

Working on behalf of his son, Payne has applied for a zone change on another 45 acres of the original 160 acres. That proposal has not yet been considered by Dempsey.

That 45-acre parcel, owned by Payne’s son, has two houses on it, including one built two years ago with a county-issued permit. At the time, Payne said, his son owned 85 acres, so the house was legal.

Payne said his son wants to divide the land into one 25-acre lot and one 20-acre lot but would further divide the land when roads are improved.

, DataTimes