HomeMy WebLinkAboutHE 2016-001 Decision Harrod Detached Garage PASCO MUNICIPAL WAIVER OF VIOLATION HEARING
REQUEST FOR WAIVER OF VIOLATION )
CASE# HE 2016-001
Marvin and Lucy Harrod )
This matter was heard on April 14, 2016, at Pasco City Hall in Pasco, Washington, at the
request of Marvin and Lucy Harrod for a waiver of violation for the accessory structure height
and setback requirements of land zoned RS-12. Present were Jeff Adams and Rick White on
behalf of the City of Pasco and Shea C. Meehan Attorney for the Applicants, Eric Harrod, and
Cynthia Mulsord, children of the Applicants, Roberta Koch and Michael Clayton, neighbors, and
Kevin Lenkersdorfer witnesses for the Applicants. Paul Kison, a neighbor, testified in opposition
to the waiver of violations. The following exhibits were received into evidence:
1. Applicant's exhibit 1. A list of neighbors that support the waiver of violations.
2. Applicant's exhibit 2. A list of houses in nearby neighbors that appear to violate
the height ordinance.
3. Applicant's exhibit 3. Photographs of detached garages that appear to violate
height restrictions of City.
4. Kison's exhibit 1. Photographs of applicant's detached garage under
construction.
5. City's Report to Hearing Examiner
Based on the testimony, the records and exhibits submitted at the hearing, the hearing examiner
now enters his:
FINDINGS OF FACT
A. The site is located at 3110 Rd 101, Pasco Washington.
B. The Applicant also owns the vacant lot adjacent to 3110 Rd. 101, Pasco, Washington.
C. The subject site is 18,707.57 square feet (.43 acres) in area.
D. The site has been developed with a single-family dwelling unit since 1982.
E. Steel Structures America applied for a building permit on behalf of property owner
Marvin Harrod and Lucy Harrod to build a 30' X 40' pole building on the property on
December 17, 2015.
F. Pasco Municipal Code (PMC) Chapter 25.24.030(1) allows for detached residential
garages provided they do not exceed 18 feet in height.
G. This detached garage does not exceed 18 feet in height.
H. According to PMC 25.70.030(3) a detached garage may not be higher than the house.
L This detached garage is 17 feet 8 inches in height. This is slightly higher than the house.
Word/docs/Pasco.Waiver of Violation
J. According to PMC 25.24.050(4) (b) accessory structures must be set back 10' from side
property lines in the RS-12 Zoning District.
K. This detached garage is only set back 5 feet.
L. Planning staff approved the site plan without the ten foot setback and with the detached
garage exceeding the height of the house.
M. A building permit was issued and the Applicant acted in good faith.
N. Applicant began construction on the structure, including the roof trusses and roofing
material.
O. After a complaint was received from a neighbor about the height and proximity to the
property line, and color of the detached garage the City Planner sent a letter requiring
work on the garage cease, pending resolution of the height and setback violations.
P. At the hearing a formal request for a waiver of violation was requested by the Applicant.
0. A Waiver of Violation may be issued by the Hearing Examiner according to PMC
2.19.080(A).
CONCLUSIONS
1. The Applicant's detached garage violated the City setback and height requirement.
2. Anyone who purchases the vacant lot adjacent to 3110 Rd. 101, Pasco, Washington
owned by Applicant will have notice of the position and height of the detached garage.
3. The Applicant started construction in good faith with the intent to comply with provisions
of the Pasco Municipal Code.
4. The height and set back violations do not violate the spirit of intent of the zoning
ordinance.
5. A waiver of violations will not have a negative impact on the public health, safety,
convenience or general welfare of this neighborhood.
ORDER
A waiver of the setback and height violations of the City of Pasco's zoning ordinances as
set forth above are hereby granted to Applicants.
Dated this day of April, 2016.
Alan B. Gunter—Hearing Examiner
Word/docs/Pasco.Waiver of Violation