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Home My WebLink AboutSMP 2025-006 Lee decisionApplication #: Administering Agency Type of Permits: Action: Date of Action: Date Mailed to DOE/AG SHORELINE MANAGEMENT PERMIT ACTION SHEET SMP2025-006 City of Pasco Community Development Department ■ Shoreline Special Permit ■ Approved ❑ Denied August 26, 2025 Pursuant to Chapter 90.58 RCW and the Shoreline Master Program of the City of Pasco, the following permit is hereby approved: Cory Lee 6855 W Clearwater Ave Suite N Kennewick, WA 993336 The applicant has submitted an application for a Shoreline Substantial Development Permit (SMP2025- 006). This project seeks the construction of a residential home and detached garage. Upon the following property 420 E Washington St. (Parcel # 112402517) in Pasco, Washington. City of Pasco Parcel Number: 112402517. Columbia River and/or its associated wetlands. The project would be within a shoreline of statewide significance (RCW 90.58.030). The City of Pasco Shoreline Master Program is applicable to this development. All conditions imposed herein shall be binding on the "Applicant," which terms shall include the owner or owners of the property, heirs, assigns, and successors. CONDITIONS OF APPROVAL 1. The special permit shall apply to the property addressed 420 E Washington St (Parcel # 112402517), and any subsequent subdivision(s) thereof. 2. The applicant shall adhere to all Federal, State and City municipal, building, fire, and life safety codes in addition to the regulations contained in the City of Pasco Shoreline Master Program. SMP2025-006 Page 1 of 6 FINDINGS OF FACT 1. PROPERTY DESCRIPTION: 1.1. Abbreviated Legal: GRAYS EAST RIVERSIDE LOTS 7 THRU 10 TOGETHER WITH ROAD AND ALLEY VACATIONS ORD 977-209612, ORD-2434-423361 1.2. General Location: 420 E Washington St. (Parcel # 112402517) in Pasco, Washington. 1.3. Property Size: approximately 0.41 acres. 2. ACCESS: The property has access from E Washington St. 3. UTILITIES: Municipal water and sewer services are available in E Washington St. 4. LAND USE AND ZONING: The property is zoned R-2 (Medium -Density Residential) and R-3 (Medium -Density Residential). Surrounding properties are zoned/developed as follows: 4.1.North: I-1 Light Industrial 4.2. East: R-2/R-3 Medium -Density Residential 4.3. South: I-1 Light Industrial 4.4. West: R-2 Medium -Density Residential 5. COMPREHENSIVE PLAN: The Comprehensive Plan designates this site as Open Space Parks. Which according to the Comprehensive Plan Land Use Density Table [Pasco Municipal Code (PMC) 25.215.015], is for the development of "schools, civic centers, fire stations and other public uses." However, the zoning for the property is split between R-2 (Medium -Density Residential) and R-3 (Medium -Density Residential). Both zones permit the development of single-family dwellings. 6. SHORELINE DESIGNATION: The Shoreline Master Program designates this property as having a Recreation designation. According to the Shoreline Use and Modification Matrix [PMC 29.15.010(3)], residential development requires the approval of a Shoreline Special Use Permit. 7. ENVIRONMENTAL DETERMINATION: The City of Pasco (City) is the SEPA lead agency for this project. Based on the SEPA checklist, the adopted City Comprehensive Plan, City development regulations, and other information, a threshold determination resulting in a Mitigated Determination of Non -Significance (MDNS) was issued on July 18, 2025, for this project under WAC 197-11-355. 8. Request 8.1. Applicant proposes to construct a single-family residence with features including attached garage, RV bay, driveways, and block fence. There are also plans for the construction of a detached garage in the future. 9. Site 9.1. The site carries a primary address of 420 E Washington St. and is currently vacant. The site has primary access from 420 E Washington St. to the north. 10. History 10.1. The site was originally platted as part of the Gray's East Riverside Addition to Pasco back in 1907 and was annexed into the City in 1910 through Ordinance No. 1. Over time lots 7 through 10 were consolidated, additionally there was also the inclusion of land from the vacation of two Right -of -Ways (ROW) through Ordinance No. 0977 and No. 2434 to create the current lot configuration. The property was assigned the R-2 Residential District designation under Ordinance No. 435 when zoning was established in 1938. However, the zoning covering the section of property designated as lots 7 and 8 of Gray's East Riverside Addition Plat was SMP2025-006 Page 2 of 6 changed from R-2 (Medium -Density Residential) to R-3 (Medium -Density Residential) through Ordinance No. 2394 in 1982. 10.2. According to the Assessor's Office records, there was a house constructed on the property back in 1940, in addition to an accessory structure. In April of 2025, the current owner applied for and received a demolition permit (B25-0647) to tear down the house and accessory structure. When the owner applied for a new single-family dwelling unit (B25-0924), it was discovered that the property was located within the 200 ft. Shoreline Jurisdiction buffer and had an environment designation of Recreation. Within the Shoreline Use and Modification Matrix [PMC 29.15.010(3)], residential development requires the approval of a Shoreline Special Use Permit. 11. Application submitted on June 04, 2025, and was determined to be complete on June 16, 2025. 12. The Notice of application was sent to the Tri-City Herald, Posted on the City website, sent to property owners within 300 ft. and public agencies on July 02, 2024. 13. A Mitigated Determination of Non -Significance (MDNS) was issued on July 18, 2025. 14. Notice of the public hearing was sent to property owners within 300 feet of the subject property, City website, and the Tri-City Herald newspaper on July 30, 2025. 15. The Applicant proposes to construct a new single-family residence with features including attached garage, RV bay, a driveway, and block fence. There are also plans for the construction of a detached garage in the future. 16. The subject property has a Comprehensive Plan Land Use designation of Open Space Parks. However, the zoning designations of the property is split between R-2 (Medium -Density Residential) and R-3 (Medium -Density Residential). Both zones permit the development of single-family dwellings. 17. Property is located within the Shoreline Master Program jurisdiction and has the designation of Recreation. According to the Shoreline Use and Modification Matrix [PMC 29.15.010(3)], residential development requires the approval of a Shoreline Special Use Permit. 18. There was a previous house built in 1940 and an accessory structure of unknown date that was demolished in April of 2025 (B25-0647). 19. Applicant submitted a building permit for a new residential home containing features, such as, attached garage, RV bay, driveway, and block fence (B25-0924). 20. A duly noticed public hearing was held on August 13, 2025. Applicant Cory Lee appeared and testified that he had received the Staff Report and its attachments, adopts the factual representations set forth therein, and had no objection to their being received into evidence. 21. The following exhibits were admitted into the record at the public hearing: 21.1. Ex. A Application Materials 21.2. Ex. B SEPA Determination 21.3. Ex. C Staff Report 21.4. Ex. E Remainder of Staff File 22. The proposed use is consistent with the policies of RCW 90.58.020 and the SNP. 22.1. The SMP allows residential development within Recreation -designated shoreline areas subject to a Shoreline Special Use Permit. (PMC 29.15.010(3)). This decision applies to the applicant's filed application for a Shoreline Special Use Permit. The findings detailed throughout this decision establish that the proposed use is deserving of a Shoreline Special Use Permit. SMP2025-006 Page 3 of 6 22.2. State policy per RCW 90.58.020 is to plan for and foster all reasonable and appropriate uses of state shorelines. The findings detailed above establish this proposal is reasonable and appropriate. 23. That the proposed use will not interfere with the normal public use of public shorelines. The property in question does not have direct access to the Columbia Marine Center and has been in residential use for over 80 years. The new residential home and detached garage is the continuation of an existing use and has no direct access to the marina or other public shoreline due to the property being located on top of a plateau and not adjacent to accessible public property. 24. The proposed use of the site and design of the project are compatible with other authorized uses within the area and with uses planned for the area under the Comprehensive Plan and SMP. 24.1. The properties within the general vicinity have Medium -Density Residential and Open Space Parks Comprehensive Plan Land Use Designations. The property where the proposed structure will be located has an Open Space Parks Land Use Designation, however, the zoning has a mixture between R-2 Medium -Density Residential and R-3 Medium -Density Residential. Development of a single-family dwelling is a permitted use within the zoning district. There are also single-family dwellings located to the east and west of the property. In addition, there was a single-family dwelling located on the property for over 80 years until it was demolished in April of 2025. 24.2. The property's shoreline designation of Recreation requires the approval of a Shoreline Special Use Permit when it comes to residential development. The applicant has submitted the application for said Shoreline Special Use Permit to allow for the construction of a new residential home and future detached garage. The management policies for shoreline designation of Recreation prioritize the construction of recreational uses, however, the property in question is located on top of a plateau and away from the nearby recreational uses of the marina. Barring the ability to access nearby recreational uses, continuing the residential use by constructing a new residence would be the most viable use of the property currently. 24.3. No evidence was received suggesting that the proposed use would interfere with or impair other authorized uses within the area. 25. That the proposed use will cause no significant adverse effects to the shoreline environment in which it is to be located. 25.1. The proposed structure(s) will be a continuation of the existing residential use for the property. The location of the proposed structure(s) is located on top of a plateau and away from critical areas, such as, the riparian buffer. 25.2. The applicant submitted a SEPA environmental checklist and received a Mitigated Determination of Non -Significance. 26. That the public interest suffers no substantial detrimental effect. 26.1. The public interest will not suffer any substantial detrimental effect from the construction of the residential home and detached garage due to the proposal being a continuation of the existing use for the property and the site's topographical barriers to recreational access. 27. The Hearing Examiner has reviewed the application, the submitted materials and the evidence admitted at the hearing. Based on the information contained in the applications and compliance with the Revised Code of Washington, the Washington Administrative Code, the City of Pasco Comprehensive Plan, and the Pasco Municipal Code, the Hearing Examiner makes this decision and provides the Conditions of Approval. 28. Any Conclusion of Law that is more correctly a Finding of Fact is hereby incorporated as such by this reference. SMP2025-006 Page 4 of 6 CONCLUSIONS OF LAW 1. The Hearing Examiner has the authority to render this decision. Any Finding of Fact that more correctly constitutes a Conclusion of Law is hereby incorporated as such by this reference. Dated this day of August, 2025. CITY OF PASCO HEARING EXAMINER, PRO TEM D. EVSTONE This Shoreline Substantial Development Permit is granted pursuant to the Shoreline Master Program of the City of Pasco, as amended, and nothing in this permit shall excuse the applicant from compliance with any other federal, state, or local statutes, ordinances, or regulations applicable to this project, but not inconsistent with the Shoreline Management Act of 1971 (Chapter 90.58 RCW). These permits may be rescinded pursuant to RCW 90.58.140(7) in the event the permittee fails to comply with the terms and conditions hereof. CONSTRUCTION PURSUANT TO THIS SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT SHALL NOT BEGIN NOR IS AUTHORIZED UNTIL TWENTY-ONE (21) DAYS FROM THE DATE OF FILING AS DEFINED IN RCW 90.58.140(6) AND WAC 173-14-090, OR UNTIL ALL REVIEW PROCEEDINGS INITIATED WITHIN TWENTY-ONE (21) DAYS FROM THE DATE OF SUCH FILING HAVE TERMINATED; EXCEPT AS PROVIDED IN RCW 90.58.140(5)(a)(b)(c). Substantial progress toward construction of the project for which this permit has been granted must be accomplished within two (2) years of the filing date of this permit. Authorization to conduct development activities granted by this permit shall terminate five (5) years from the filing date of this permit. Said periods may be extended for a single period of not more than one (1) year, on reasonable bases, provided that application is made to the City prior to the expiration of said period(s). The running of the periods shall not include the time incurred obtaining other permits necessary for the completion of the project. Anyone aggrieved by the decision on SMP 2025-006, has twenty-one (21) days from the "date of receipt" as defined in RCW 43.21B.001 to file a petition for review with the Shorelines Hearing Board as provided for in Washington law. Anyone aggrieved by this decision has twenty-one (21) days from the issuance of this decision, to file an appeal with Franklin County Superior Court, as provided for under the Judicial Review of Land Use Decisions, RCW 36.70C.040(3). The date of issuance is defined by RCW 36.70C.040 (4)(a) as "(t)hree days after a written decision is mailed by the local jurisdiction or, if not mailed, the date on which the local jurisdiction provides notice that a written decision is publicly available" or if this section does not apply, then pursuant to RCW 36.70C.040(3) (c) "...the date the decision is entered into the public record." Anyone considering an appeal of this decision should seek legal advice. SMP2025-006 Page 5 of 6 THIS SECTION FOR DEPARTMENT OF ECOLOGY USE ONLY IN REGARD TO A CONDITIONAL USE AND/OR VARIANCE PERMIT Date received by the Department_ Approved Denied This conditional use/variance permit is approved / denied by the Department pursuant to Chapter 90.58 RCW. Development shall be undertaken pursuant to the following additional terms and conditions: SMP2025-006 Page 6 of 6