HomeMy WebLinkAboutHE 2007-002 Pape Sign Variance POWELL & GUNTER
Attorneys at Law
1025 Jadwin
Richland,WA 99352
(509)943-6781
Facsimile
(509)946-5I77
Alan B.Gunter 600 S.Columbia
Don E.Powell Connell,WA 99326
(509-)234-6581
*Please respond to
Richland office.
July 17, 2007
City of Pasco
Attn: David McDonald
525 N. 3`d Ave.
Pasco, WA 99301
Re: City of Pasco vs. Pape Material Handling RECEIVED
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Dear David:
Enclosed please find nay decision to the above matter. coruMLAMr❑FvELoPrU^t:Nz flEPr.
If you have any questions, please contact me.
Thank you.
Sincerely,
POWELL & GUNTER
C:-
Alan B. Gunter
ABG:sln/P as c o P ap eMateri al
Enclosures
PASCO MUNICIPAL VARIANCE HEARING
IN RE VARIANCE REQUEST }
} CASE # 07-002
BY Pape Material Handling )
This matter was heard on July 13, 2007, at 3:30 p.m., at Pasco City Hall in Pasco, Washington, at
the request of Pape Material Handling for a variance to allow a 50 foot tall sign in a C-3 Zone,
Alan B. Gunter acted as Hearing Examiner. Present were David McDonald, on behalf of the City
of Pasco and Kelly Reid on behalf of the Applicant. Based on the testimony and records
submitted at the hearing, the hearing examiner now enters his:
FINDINGS OF FACT
1. This property is located in the 1300 block of East Superior Street on Lot 2,Binding Site Plan
#2007-01. The property is approximately 300 feet from East Oregon Avenue.
2. This property is zoned C-3 (General Business). Surrounding properties are similarly zoned C-
3 and are vacant or developed with industrial type buildings. The nearest residential homes are
located about one half mile away.
3. Buildings in a C-3 zone can be 45 feet in height or higher by special permit. There is vacant
land in front of this property which could have a building of 45 feet or more built on it.
4. Other businesses located near by have signs that are taller than 35 feet. There are also other
structures located nearby that exceed 35 feet such as power poles and cellular towers.
5. Until September of 2006 the Pasco Sign Code permitted freestanding signs to reach the height
of 50 feet and by special permit could be extended to 65 feet.
6. A determination of non significance in accordance with the State Environmental Policy Act
(SEPA) as been issued.
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.
2.1n order for the approval of a variance the Pasco Municipal Code requires three determinations
in the affirmative.
A. Because of special circumstances applicable to the property, the strict application of the
zoning ordinance would deprive the property of rights and privilege enjoyed by other similar
properties in the vicinity.
There are special circumstances applicable to this property which if the sign height
There are special circumstances applicable to this property which if the sign height
ordinance is strictly enforced will deprive the property of rights and privilege enjoyed by other
similar properties in the vicinity. Other properties near this property have signs that are up to 50
feet in height. Since this property does not have direct access to Oregon Avenue and there are
undeveloped properties between this property and Oregon Avenue any future building which is
45 feet or more in height will make a 35 foot sign ineffective.
B. That the 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.
Given that there are other 50 foot signs nearby and the industrial nature of the
development of theses properties granting a variance will not be materially detrimental to the
public welfare or injurious to the property or improvements in the vicinity.
C. The special circumstances applicable to the subject property were not created through the
actions of the applicant or any predecessor in interest.
The special circumstances applicable to the subject property were not created through the
actions of the applicant or any predecessor in interest.
ORDER
The variance is granted. The applicant can place a 50 foot free standing sign on the
property.
c- _
Alan B. Gunter-hearing examiner
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