HomeMy WebLinkAboutHE 2007-003 Decision Brouns Fence POWELL & GUNTER .SAN 0 9
Attorneys at Law
1025.ladw;n
Richland,WA 99352
(509)943-6781
Facsimile
(509)946-5177
Alan B.Gunter 600 S.Columbia
Don E.Powell Connell,WA 99326
(509)234-6581
*Please respond to
Richland office.
January 8, 2008
City of Pasco Planning Department
Attn: Dave McDonald
525 N. Third Avenue
Pasco, WA 99301
Re: Variance Hearing-Brouns, Thomas & Donna
Dear Mr. McDonald:
Enclosed please find my decision in this matter. If you have any questions,please contact me.
Thank you.
Sincerely,
PGWELL & GUNTER
Alan B. Gunter
AB G:msh
Enclosures
PASCO MUNICIPAL VARIANCE HEARING
IN RE VARIANCE REQUEST }
} CASE# 07-003
BY Donna and Thomas Brouns )
This matter was heard on January 3, 2008, at 3:30 p.m., at Pasco City Hall in Pasco,
Washington, at the request of Donna and Thomas Brouns for a variance to PMC 25.76.050(2),
which requires the height of fences in front yards to be 3.5 feet, to allow the Brouns to place a 5-
foot fence in the front yard area of their lot. Alan B. Gunter acted as Hearing Examiner. Present
were David McDonald, on behalf of the City of Pasco, and applicant Thomas Brouns. Based on
the testimony and records submitted at the hearing, the hearing examiner now enters his:
FINDINGS OF FACT
1. The City of Pasco is a first-class city of the State of Washington, and as such, has
granted to it the power and authority to administer city ordinances within the corporate limits of
the City.
2. The property in question is legally described as Lot 1, Block 3, River Homes
Subdivision.
3. This property is zoned R-S-20, Suburban Residential and is developed with a single
family dwelling. Surrounding properties are also zoned R-S-20 and are developed principally
with single family dwellings. The lot is approximately 500 feet from the Columbia River.
4. PMC 25.12.490 defines a front yard as the area between any building and any street
right-of-way adjacent to a lot.
5. PMC 25.76.060 requires the heights of fences to be limited to 3.5 feet in front yards.
6. The applicant desires to erected a 5 foot plastic fence in the front yard area.
7. No opposition to this request for a variance was received by the City of Pasco and no
opposition by neighbors to the variance was presented at the hearing.
S. This property, along with others in this area, is unique because of its location near the
Columbia River which results in the Front yards being used as a rear yards.
9. A determination of non significance under the State Environmental Policy Act (SEPA)
is warranted.
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 the special circumstances applicable to this property, the strict application
of the zoning ordinance would deprive the property of rights and privileges enjoyed by other
properties in the vicinity.
3. The granting of a variance to allow the fence requested by the applicant would 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 cheated 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 is granted.
Done this of January, 2008.
Alan B. Gunter, Hearing Examiner
f-. \d ocslp asco.S ro u nsdec i s i on