No height variance for CHS

The expansion and renovation work at Cheney High School has hit a snag over the height of a portion of the proposed 500-seat auditorium sometimes referred to as a "fly box."

A fly box is part of a theater's backstage that is taller than the rest of the auditorium in order to accommodate the scenery and lighting rigging and scaffolding. In Cheney's case, the fly box designed by district architect ALSC is 54 feet - 18 feet higher than the code allows for the school's location in a R-1 residential zone.

In an April 9 decision on the school district's conditional use permit for construction at the high school, city of Cheney Hearing Examiner Pro Tem Brian T. McGinn denied the district's request for a height variance that would have allowed construction of the auditorium to proceed. McGinn did approve the conditional use permit, which will allow the school district to commence work on other portions of the project this summer, including a new education wing with 17 classrooms.

In his report, McGinn wrote that he based his decision on the school district's failure to satisfy one of three criteria necessary for a variance under Cheney's municipal code. District officials and representatives from ALSC and project management firm OAC were able to meet the first and third requirements - that the variance shall not constitute a grant of special privilege inconsistent with surrounding property and that it shall not be detrimental to public welfare or injurious to property and improvements in the vicinity.

McGinn wrote the district did not satisfy conditions in the second criteria, that the variance is necessary "because of special circumstances relating to the size, shape, topography, location or surroundings of the subject property."

McGinn stated no "special circumstances" relating to these condition exists at the high school.

"The need for the variance arises, essentially, from the nature of the proposed structure itself, and the desire to add this particular amenity to the campus," McGinn wrote. "These are not legally sufficient reasons to grant relief from the zoning code."

McGinn added that the proposed auditorium would likely be a valuable asset to the community, and meets conditions of the city's comprehensive plan in that regard. He suggested an alternative to the height variance would be lowering the overall structure through digging down, something Superintendent Rob Roettger said would not only add cost to the project, but might not be practicable.

Roettger said the district has filed an appeal of the examiner's decision, what Cheney senior planner Brett Lucas referred to as a "request for a reconsideration of a decision." Roettger said the district was basing its appeal on an element often in the local news - water.

"It has to do with groundwater on the site," he said. "We don't feel you can dig down on that piece of property due to groundwater and other restraints."

Roettger said the district has done test soil borings on the site, with results indicating perched groundwater showing up within a range of 4.5 - 14 feet below the surface.

Lucas said he didn't think the district made a good case for the variance when they appeared before McGinn at a March 21 public hearing. He questioned why district officials didn't bring up groundwater issues at the site then, when it could be applicable to the original decision.

As for the appeal, Lucas said the city had received the district's paperwork in time to meet the April 23 deadline. That information was forwarded on to McGinn.

"I think the chance of the school district getting it (variance) is a long, long shot," Lucas said.

As another solution to the issue, Lucas said he and planning department officials are working on an amendment to the municipal code to create "Institutional Zoning Districts." This district, if approved, would apply to most public facilities such as schools, the fire and police stations, City Hall and Spokane County Fire District 3's Presley Drive headquarters - the exemption being Eastern Washington University which is already covered under a "Public" zoning code.

The district would allow heights up to 60 feet, with appropriate setbacks. The city's plan right now is to bring information on the Institutional Zoning District to the Planning Commission's June meeting, with council approval and adoption perhaps before the end of summer.

"This would solve a lot of issues," Lucas said.

The district can also hope Cheney's City Council might oppose McGinn's decision and vote in favor of the variance when the conditional use permit appears before them at the May 22 meeting. Lucas doesn't see that happening.

"They will need to make a pretty good case (for approval)," he added.

John McCallum can be reached at jmac@cheneyfreepress.com.