HomeMy WebLinkAboutAPPL 2014-001 determination Salinas PASCO MUNICIPAL VARIANCE HEARING
REQUEST FOR VARIANCE )
CASE # 2014-001
NOLVIA SALINAS, Petitioner )
This matter was heard on September 3, 2014, at 3:30 p.m., at Pasco City Hall in Pasco,
Washington, at the request of NOLVIA SALINAS for variance to the minimum rear yard
setback requirements of the R-1 Zone for a patio cover. Present were Shane O'Neill and Rick
White, on behalf of the City of Pasco, the applicant NOLVIA SALINAS, and Keith and Genet
Reynolds, neighbors of the applicant. 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 owners of 6306 Thistle Down Drive,Nolvia Salinas and Charles Schlechty have
requested a variance to the minimum rear yard setback requirement of the R-1 to allow
construction of a covered patio attached to the rear of the home.
3. On October 23, 2013 the owners applied for a building permit(B 13-2022) to allow
construction of a 23' x 20' attached patio cover to be located within two (2) feet of the
rear property line.
4. On October 25, 2013 the Planning Department denied the application finding that the
proposed patio cover did not meet the minimum rear setback requirements applied to
primary structures.
5. The site fronts both Thistle Down Drive and Woodbine Drive.
6. The subject site is comprised of two separate tax parcels with a combined area of 16,031
square feet.
7. The R-1 zoning district requires rear yard setbacks no less than the height of the home
on-site, as measured to the mid-roof-point.
8. The height of a home is measured at the mid-point of the roof. The roof mid-point is
measured from average grade to the point of the roof gable existing halfway between the
roof eve and the roof peak.
9. The home at 6306 Thistle Down Drive is a single story home; approximately thirteen (13)
feet in height measured to the roof mid-point.
10. Building permit#B 13-2022 proposes to locate an attached patio cover within two (2) feet
of the rear property line of parcel#117-420-030.
11. Planning Department staff denied approval of building permit#B 13-2022 on October 25,
2013, finding that the proposed patio cover does not meet the rear setback requirement
listed under PMC25.28(4)(c).
12. Based on the approximate height of the home at 6306 Thistle Down Drive of thirteen (13)
feet, the minimum rear setback may be no less than thirteen (13) feet as measured from
the rear property line of Lot 19.
13. PMC Section 25.74.030(4) allows open porches to extend into the rear yard(setback
area) up to four(4) feet.
14. Prior to approval of a variance the 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
privileges enjoyed by other similar properties in the vicinity.
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.
C. The special circumstances applicable to the subject property were not created
through the actions of the applicant or any predecessor in interest.
15. These three determinations cannot all be answered in the affirmative.
16. Strict application of the zoning ordinance will not deprive the property of rights and
privileges enjoyed by other similar properties in the vicinity.
17. While currently granting a variance would not be materially detrimental to the public
welfare or injurious to the property or improvement in the vicinity and zone in which the
subject property is situated, if the adjoining parcel also owned by the applicant is sold it
might become so.
18. The special circumstances applicable to the subject variance request were created by the
applicant.
Conclusion of law and order
Based upon the findings of fact, the variance is denied.
Dated:
Alan B. Gunter-hearing examiner-
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xaminerF:\...\docs\Pasco.Salinasdecision
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
September 12, 2014 RECEIVED
Dave McDonald SEP 15 2014
City of Pasco
525 N. 3rd Ave. COWIUNITY s ECO40611C OEVELOPPAENT
Pasco, WA 99301
Re: Salinas Variance Hearing
Dear Dave:
Enclosed please find the variance hearing Findings and Conclusion in the case of Nolvia Salinas.
If you have any questions, please contact the office.
Yours very truly,
POWELL & GUNTER
Alan B. Gunter
ABG:al
Enclosures
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