HomeMy WebLinkAboutHE 2010-003 Storrs POWELL & GUNTER
Attorneys at Law
1025 Jadwin Avenue
Don E.Powell Richland,WA 99352 (509)943-6781
Alan B.Gunter Fax(509)946-5177
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Rachel M Woodard
December 8, 2010
City of Pasco
Attn: Dave McDonald
525 N. 3rd Avenue
Pasco, WA 99301
Re: Variance hearing decision- Jason Storrs
Dear Dave:
Enclosed please find my decision on the above request for variance hearing.
Yours very truly,
PO�W�E�LLLL &GUNTER
Alan B. Gunter
ABG:dh
Enclosures
PASCO MUNICIPAL VARIANCE HEARING
REQUEST FOR VARIANCE )
CASE # 10-003
Jason Storrs )
This matter was heard on December 1, 2010, at 3:30 p.m., at Pasco City Hall in Pasco,
Washington, at the request of Jason Storrs for a variance to the front yard fence height restriction
within the R-1 zoning district. Present were Taylor Young, on behalf of the City of Pasco, and
applicant Jason Storrs. Also present was Rick White. Based on the testimony and records
submitted, the hearing examiner now enters his:
FINDINGS OF FACT
A. The property is located at 5309 Montpelier Drive.
B. The property is zoned R-1 (Low Density Residential).
C. PMC 25.75.050 requires fencing in front yard areas to be limited to 3.5 feet in height.
D. The lot was established as part of the Reilynn Park Subdivision that was designed around an
existing church property.
E. The plat approval process required a block wall to be constructed along all properties
bordering Madison Avenue.
F. The block wall along the east right-of-way line of Madison Avenue extends into the
applicants front yard setback area fronting Madison Avenue.
G. An access and utility easement was created across the easterly 26 feet of Lots 1, 2, and 3 of
Reilynn Park as a part of the platting process.
H. The easement across Lots 1, 2, and 3 serves as the primary access to said lots.
I. The easement contains public sewer and water lines.
J. The applicant owns Lot 3.
K. Approximately 7,000 residential lots have been platted in Pasco during the past 10 years.
L. Only the applicant's lot and two adjoining lots have been platted in Pasco with primary
access off an access and utility easement where the houses fronts an easement.
M. The access and utility easement on Lots 1, 2, and 3 Reilynn Park functioned as'a City street
right-of-way for the purpose of establishing front yard setbacks for permitting homes on said
lots.
N. The applicants home including the front door and driveway are oriented toward a
neighboring side yard.
FINDINGS OF FACT,
CONCLUSIONS OF LAW, AND
ORDER ON VARIANCE REQUEST Page 1 of 2
CONCLUSIONS OF LAW
1. The request for a variance was properly submitted to the office of the hearing examiner for
the City of Pasco and all proper notices were given. The Hearing Examiner has jurisdiction
and authority over the request for a variance.
2. Because of special circumstances applicable to the property, the strict application of the
zoning ordinance would deprive the property of rights and privileges enjoyed by other similar
properties in the vicinity.
3. That granting of the variance will not be materially detrimental to the public welfare or
injurious to the property or improvements in the vicinity and zone in which the subject
property is situated.
4. The special circumstances applicable to the subject property were not created through the
actions of the applicant or any predecessor in interest.
ORDER
Based upon the foregoing findings of fact and conclusions of law, it is hereby ordered that
the applicant's request for a variance be and is hereby granted.
Done this �7 day of December, 2010.
Alan B. Gunter, Hearing Examiner
f.\W ord\docs\Pasco.Storrs.decision.doc
FINDINGS OF FACT,
CONCLUSIONS OF LAW,AND
ORDER ON VARIANCE REQUEST Page 2 of 2