HomeMy WebLinkAboutHE23-0006 CBC Sign Variance Final DecisBEFORE THE CITY OF PASCO HEARINGS EXAMINER
IN THE MATTER OF
HE 2023-006
CBC SIGN VARIANCE
FINDINGS OF FACT,
CONCLUSIONS OF LAW,
AND DECISION
THIS MATTER, having come on before the City of Pasco Hearing Examiner on February 14, 2024, the
Hearing Examiner having taken evidence hereby submits the following Findings of Fact, Conclusions of
Law, and Decision as follows:
I. FINDINGS OF FACT
The Applicant is requesting a variance to increase the maximum height and allowed surface area
of two pole signs, one from 15' to 25' and another from 15' to 35' on a school site, both signs
propose 180 square feet of surface area.
2. The Applicant is Yesco, LLC, 416 E 41' Street, Boise, ID 83714.
3. The legal description is NE4, EXC S2S2SW4SW4 & 24-9-29 EXC S 208.71' OF E 208.71' &
EXC PTN ST STATE & EXC E 40' AND EXC PTN TO CITY OF PASCO FOR RIGHT OF
WAY AF-1851515 AND QD-1896292.
4. The general location of the subject property is 2600 N 20"' Avenue (Parcel # 119-170-013).
5. The subject property size is approximately 133.01 Acres-
6. The subject property is accessed from N 20'h Avenue and W Argent Road.
7. Municipal water and sewer service are available to the property.
8. The site is zoned R-I (Low Density Residential) and is developed with the Columbia Basin
College (CBC) on site. Surrounding properties are zoned and developed as follows:
NORTH: I-1 Industrial/Gas Station, Hotel
EAST: C-1 Commercial/Office Space, Hotels, Banking, Coffee Shop
SOUTH: I-182 Interstate 182
WEST: R-I/RS-1 Residential/Columbia Basin College facilities
9. Yesco, LLC on behalf of Columbia Basin College, is requesting a height and surface area
variance be granted for two proposed pole signs from the 15' requirement to one sign at 25' and
another at 35', both signs propose 180 square feet of surface area, the proposal is located at 2600
N 20'h Avenue. Per the City of Pasco Sign Allowance Table, the maximum height of pole signs in
Residential Districts for School/Religious Use is 15' with a maximum surface area of40 square
feet.
10. On November 28, 2023, the applicant applied for a permit to construct two signs.
Findings of Fact/Conclusions of Law/Decision/
HE 2023-006
Page 1 of 4
10.1 A sign 25' in height with 180 square feet of surface area, located on the western side of N
20th Avenue between the entrance to Columbia Basin College and Interstate 182, just
inside property lines.
10.2 A sign 35' in height with 180 square feet of surface area, located on the southwest corner
of the intersection of W Argent Road and Columbia Basin College's Farm Road.
11. The proposed work consists of the pouring of a new foundation and the installation of a new pipe
with a 180 square -foot cabinet. The permit was placed on "hold" by staff due the proposal not
meeting the requirements of Pasco Municipal Code 17.15.010 relating to Pasco's Sign Allowance
Table. The applicant subsequently submitted a Sign Variance application for the proposed
signage.
12. Pasco's Sign Code has provisions for school signage in residential districts, those being the RT,
RS-20, RS-12, R-S-1, R-1, R-1-A, R-1-A2, R-2, R-3, R-4, and RP zoning districts. The property
falls under the R-1 zoning district and is required to follow the signage provisions for
school/religious use pole signage, those being:
• Signage must be permanent;
• Signage must be constructed of durable materials;
• One Sign is allowed per street frontage;
• Signage may have a maximum of 40 square feet of surface area;
• Signage may be a maximum of 15 feet in height;
• Signage must be setback 5 feet from adjacent property lines.
13. The applicant claims that the college is heavily reliant on traveling motorists and requires
visibility and easy access for students and the community. Increasing visibility and ease of access
to information for current events, programs, classes, etc. is critical to our mission of providing the
community with increased access to jobs and better wages.
14. The Sign Code provides the opportunity for applicants to pursue variances. PMC 17.45.010(1)
states, "Recognizing that there are certain cases that may, or may not, be detrimental to aesthetic
character, public health, safety and general welfare, and the effectiveness of visual
communication in the City, depending upon the facts of each particular case, a limited power to
issue variance permits and to interpret any section of the title is vested with the Hearing
Examiner.
15. The Hearing Examiner may approve a variance from the requirements of the Sign Code if the
applicant demonstrates that:
15.1 Strict application of the code requirements would deny the applicant a reasonable
opportunity to communicate by sign in a manner similar to like persons or uses because
of an unusual or unique circumstance relating to the property or the proposal, such as site
or building location, building design, physical features of the property, or other
circumstance not created by the applicant;
15.2 The sign which would result from the variance will not affect the surrounding
neighborhood or other property affected by the request in a manner materially
inconsistent with the purposes of this sign code; and
15.3 The degree of the variance is limited to that reasonably necessary to alleviate the problem
created by the unique or unusual circumstances identified in subsection (D of this
section.
Findings of Fact/Conclusions of Law/Decision/
HE 2023-006
Page 2 of 4
16. The Port of Pasco was consulted given the location of the signs and their lighting regarding
proximity to the Tri-Cities Airport. The Port of Pasco stated there were no issues with the airport.
17. Staff reviewed adjacent sites for zoning and signage requirements and found that should this
property have zoning similar to the area the proposed signage would be allowed. Staff noted that
the Commercial and Industrial zoning designations are allowed signage up to 35' in height with a
surface area up to 350 square feet.
18. The site's Future Land Use Designation from the City of Pasco 2018-2038 Comprehensive Plan
is "Public and Quasi -Public". This land use designation provides for schools, civic centers, fire
stations, and other public uses and allows for all zoning designations with uses permitted by
Special Permit except the I-3 (Heavy Industrial) zoning which has various restrictions. Since the
site is zoned with a residential designation and contains a school it is limited to the requirements
of the Residential District — school/religious use signage allowances. Were this property to carry
a zoning typical of the area it would be allowed signage up to 35' in height with 350 square feet
of surface area.
19. Adjacent properties are commercial and industrial, the residential properties directly adjacent to
the west are an extension of the school facilities approved via special permit.
20. Were the property to be a commercial or industrial zoning typical to the area the proposed
signage would be permitted.
21. The proposed signage would be similar to signage on properties immediately across N 20"'
Avenue and W Argent Road from the proposed site.
22. Prior to approval of a variance the Municipal code requires three determinations in the
affirmative:
22.1 Strict application of the code requirements would deny the applicant a reasonable
opportunity to communicate by sign in a manner similar to like persons or uses because
of an unusual or unique circumstance relating to the property or the proposal, such as site
or building location, building design, physical features of the property, or other
circumstance not created by the applicant;
22.1.1 The subject property is unique in use, size, and zoning. The site is used for the
Columbia Basin College, a use permitted in any zoning (except I-3 Heavy
Industrial). The site is approximately 133.01 acres in size and has multiple
frontages and access points. The applicant has stated, and staff support, that the
college is heavily reliant on traveling motorists and requires visibility and easy
access for students and the community.
22.2 The sign which would result from the variance will not affect the surrounding
neighborhood or other property affected by the request in a manner materially
inconsistent with the purposes of this sign code;
22.2.1 Staff has reviewed surrounding properties and found that the proposed signage
would be allowed on every site across N 20th Avenue and W Argent Road.
Further, the Tri-Cities Airport located on property nearby to the northeast has
indicated that there are no issues with the proposal and their operations.
Findings of Fact/Conclusions of Law/Decision/
HE 2023-006
Page 3 of 4
23. The degree of the variance is limited to that reasonably necessary to alleviate the problem created
by the unique or unusual circumstances identified in subsection (1) of this section.
23.1 The proposed height and surface area of the signage is typical to buildings in the
immediate vicinity. Were this property to carry a zoning typical to the area the permitted
max height would be 35' with a surface area up to 350 square feet. The proposed heights
are either at max or 10' below with surface areas substantially below the 350 square feet
at a proposed 180 square feet.
24. Notice of the public hearing was provided to property owners within 300 feet of the subject
property on Friday, January 26, 2024
25. An open record public hearing was held on February 14, 2024 via videoconferencing.
26. The entire staff file of record was admitted into the record.
27. Appearing and testifying on behalf of the Applicant and property owner was Elizabeth Burtner.
Ms. Burtner stated that they agreed with all representations in the staff report and had no
objection to any of the proposed conditions of approval set forth in the staff report. Ms. Burtner
stated that there would be no private advertising on either sign, only college related information.
28. No member of the public testified at the hearing.
29. The City of Pasco Hearing Examiner considered all evidence within the record in rendering this
decision.
30. Any Conclusion of Law that is more correctly a Finding of Fact is incorporated herein as such by
this reference.
II. CONCLUSIONS OF LAW
1. The Hearing Examiner has been granted authority to render this Decision.
3. The requested variance is consistent with the Pasco Municipal Code.
4. Any Finding of Fact that is more correctly a Conclusion of Law is hereby incorporated as such by
this reference.
III. DECISION
Based upon the above noted Findings and Fact and Conclusions of Law, request for variance, HE 2023-
006, is hereby APPROVED to allow two signs, one at 25' in height with 180 square feet of surface area
and one at 35' in height with 180 square feet of surface area, to be located at 2600 N 20'i' Avenue (Parcel
# 119-170-013) in Pasco, WA.
Dated this 16 day of February, 2024.
CI PAS O HEARING EXAMINER
---'�--7
Xn'drew L. k ttkamp
Absent a timely appeal, this Decision is final'
I See Ch. 36.70C RCW (establishing a 21 day appeal period to superior court, and setting forth necessary review
contents, along with filing and service requirements).
Findings of Fact/Conclusions of Law/Decision/
HE 2023-006
Page 4 of 4