HomeMy WebLinkAboutHE 2008-003 Decision Letter Olin Homes Waiver of Setback Violation COMMUNITY&ECONOMIC DEVELOPMENT DEPARTMENT
P.O. Box z43, 525 North Third Avenue, Pasco, Washington 993oi
AIMP
(509) 545-3442 Web: http.Ilwww.pasco-wa.gov FAX (509)545"3499
25 August 2008
John 8, Linda Goulet
5511 Wrigley Dr
Pasco WA 99301
Subject: HE 08-003. OLIN HOMES SIDE SETBACK.
Dear Mr. and Mrs. Goulet:
Enclosed is a copy of the Hearing Examiner decision on your request for a
Variance from the side setback requirement for a lot at 5511 Wrigley Dr
(Tax Parcel #116-290-106).
Please contact the City Planning Department with any questions.
Sincerely,
Jo f-Adams, Associate City Planner
Community & Economic Development
jba
pc: Rick White, Director, Community & Economic Development
Dave McDonald, City Planner
Dean Olin
Olin Homes Llc
9301 Ne 117th Ave
Vancouver, WA 98662
file
POWELL & GUNTER
Attorneys at Law commulyln.� tip
1425 J adwin ,
Richland,WA 99352� � ?
(509)943-6781 3
Facsimile
(509)946-5177
Alan B.Gunter 600 S.CoIumhia
Don E.Powell P.O.Box 932
--------------------------- Connell,WA 99,326
Rachel M.Woodard (5119)234-6581
'Please respond to
Richland office.
September 23, 2008
City of Pasco
Attn: Jeff Adams
525 N. Third Avenue
Pasco, WA 99301
Re: Dean Olin
Case No.: 08-003
Dear Jeff:
Enclosed please find my decision on hearing examiner case number 08-043.
If you have any questions, please contact me.
Yours very truly,
PGWELL & GUNTER
Alan B_ Gunter
ABG:mnn
Enclosures
PASCO MUNICIPAL WAIVER OF VIOLATION HEARING
REQUEST FOR WAIVER OF VIOLATION )
} CASE#08-003
Dean Olin }
This matter was heard on September 17, 2008, at 3:30 p.m., at Pasco City Hall in Pasco,
Washington, at the request of Dean Olin for a waiver of violation pursuant to PMC 2.19.080(A)
for a residence that was inadvertently constructed to close to the side yard property line. Present
were Jeff Adams, on behalf of the City of Pasco, and applicant Dean Olin. Also present were
Sandy Lang,Linda Goulet and John Goulet. Based on the testimony and records submitted, the
hearing examiner now enters his:
FIlVDINGS OF FACT
A) On November 13, 2047 Olin Homes was issued a building permit to construct a 3,400 foot
house on Lot 11 of the Pasco Heights Phase 8 subdivision
B} The Building permit was properly issued by the Pasco Building Department.
Q The property is located in an R-1 zoning district
D} All setbacks were found to be in conformance with the requirements of the R-1 zone prior to
permit issuance.
E} Based on identification of the property lines by the builder, the building inspector determined
that construction of the house was in compliance with approved plans.
F} The setbacks were checked by the building inspector at the time the foundation forms were
inspected.
G} The contractor incorrectly measured the property line, basing the property line location on an
incorrect pin in the gear yard area.
H} The house encroaches into the side yard setback 4 inches (6 inches at the patio cover).
I} The Goulets purchased their home in good faith with the understanding that is complied with
all City codes.
CONCLUSIONS OF LAW
1. The request for a waiver of violation 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 waiver
of violation.
2. The above home being situated 4 to 6 inches to close to the side lot line does not
pose a threat to the public health, safety, convenience and general welfare of
the Community.
3. The violation was not intentional and does not violate the spirit or intent of the
zoning ordinances.
ORDER
Based upon the foregoing findings of fact and conclusions of law, it is hereby ordered that
the applicant's request for a waiver of violation be and is hereby granted.
Done this 23rd day of September, 2008.
Alan B. Gunter, Hearing Examiner
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