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HomeMy WebLinkAboutHE Determination HE 2020-003 Pathfinder Mobile Home Park CITY OF PASCO HEARING EXAMINER FINDINGS OF FACT, CONCLUSIONS OF LAW,AND DECISION Variance HE 2020-003 Pathfinder Mobile Home Park August 20, 2020 1. FINDINGS OF FACT 1.1 Proposal. The Applicant requests five variances to accommodate a mobile home park expansion. The current park has 50 pads, the expansion would add 20. Six lots would be within the site's front area, with the remaining towards the back. The expansion was made possible due to City sewer extension replacing the septic system, coupled with removal of an existing single family home. The original park was built to standards different from those now imposed. The Pasco Municipal Code now requires a range of requirements for mobile home parks to ensure adequate and safe resident and emergency access, sufficient parking, adequate recreational amenities, and landscaping to buffer the use and address aesthetic impacts. The Applicant requests these requirements be reduced or eliminated: • Street Improvements: Reduce street width. Eliminate curbs and gutters. • Access. Eliminate second access point. • Recreational Area. Eliminate. • Recreational Vehicle Storage Space: Eliminate. • Planting Strip. Eliminate. 1.2 Applicant/Property Owner. William Lewis, B&J Management, LLC, 1644 Plaza Way, Suite 112, Walla Walla, WA 99361. c/o Elizabeth D. Ridley, JUB Engineering, 2810 W. Clearwater Avenue, Suite 201, Kennewick, WA 99336. 1.3 Location. Lot 1: 3525 Road 84, Pasco, WA, Parcel#117-583-018 Lot 2: 3517 Road 84, Pasco, WA, Parcel#117-583-027 City of Pasco Hearing Examiner Page 1 of 5 Decision,Variance HE 2020-003 (Pathfinder Mobile Home Park) 1.4 Site and Surrounding Area. The two parcels are a combined 13.26 acres, zoned RP (Residential Park). Per code, a mobile home park site must be at least five acres, with a minimum 5,000 square feet per mobile home site.' Surrounding uses and zoning include: • North: R-1, FDIC Canal/Vacant • East: R-S-1, Single Family Residences/Vacant • South: RP, Chiawana High School • West: RS-20, Single Family Residences 1.5 Evidence Reviewed. The Examiner reviewed the Staff Report, which attached the application, vicinity/aerial photos, mapping, and the notice of application. 1.6 Hearing. A properly noticed open record public hearing was held August 12, 2020.2 Due to COVID-19 restrictions, the hearing was conducted remotely, with the Examiner, Department, and Applicant calling in. Access information was available to the public to allow citizens to join via video link or telephone call-in. There were no reported technical difficulties during the call or afterwards. However, in case any citizens who wished to comment had difficulty calling in, the record was kept open through August 17. No additional written comments were received. At the hearing, City Community and Economic Development Department staff summarized the proposal. The Applicant, through Mr. Moore and Mr. Lewis, provided additional information in support of the application, and addressed Examiner questions. No person from the public wished to testify. 1.7 Variance Details. 1.7.1 Street Standard. The Pasco Municipal Code establishes minimum street widths and requires curbs and gutters. Minimum street width shall be 44 feet from curb to curb where on-street guest automobile parking is provided and 28 feet wide where no on-street parking is provided. ... All streets shall be paved and be provided with curbs and gutters....3 Curbs and gutters are standard engineering requirements for new development. They are installed on road edges to reinforce the pavement road surface and protect it, and to channel storm water away from the traveled right-of-way and into the storm water drainage pathway. Street width requirements ensure adequate vehicle and emergency access. The Applicant expressed a desire to deviate from these requirements to allow for the expansion. Other than the existing units having been developed to an older standard, in contrast with the expansion being 1 PMC 25.75.050.At the time the park was constructed,the code may have only required 3,000.Current provisions require 5,000.The Applicant expressed concern on this at the hearing,but this is not an issue before the Examiner. 2 See e.g., Staff Report,pg.6;PMC 4.02.090. 3 PMC 19.10.030. City of Pasco Hearing Examiner Page 2 of 5 Decision,Variance HE 2020-003 (Pathfinder Mobile Home Park) built to current standards,4 special circumstances were not identified to support reducing street width and eliminating curbs and gutters. 1.7.2 Recreational Area. Mobile home parks must contain a central recreational area. A central recreational area shall be established in each residential park created pursuant to the provisions of this chapter. The size of each area shall be at least 200 square feet per home site. The recreation area may contain community clubhouses, swimming pools, shuffleboard courts and similar facilities. The City Planner may permit decentralization of the recreational facilities in accordance with principles of good planning; provided, that the total recreational area meets the above-stated minimum size. The recreational areas shall be easily accessible, improved and maintained in such a manner so as to provide adequate recreational facilities for the residents of a home residential park.5 Special circumstances which would warrant eliminating this requirement are not present. The Applicant provided policy reasons for elimination, such as the community's older age. But, recreational facilities are equally if not more important for an older community, for both exercise and social interaction. And, with less mobility,proximity becomes more important.6 1.7.3 Buffering and Screening. Standard buffering and landscaping are required along park boundaries. A planting strip not less than 20 feet in width shall be located along all lot lines of a residential park not bordering a public street, except that distance may be reduced to 10 feet if a solid wall or fence is provided. Such planting strips shall be composed of one row of deciduous and/or evergreen trees, spaced not more than 40 feet apart and not less than three rows of shrubs, spaced not more than eight feet apart, of which the trees will grow to a height of five feet or more after one full growing season and of which the shrubs will eventually grow to a height of not less than six feet. The setback areas of a residential park adjoining a public street shall be planted in grass or shrubbery. All such required landscaping shall be maintained in a healthy living condition for the life of the residential park. 4 While six pads are on the front,the remaining pads would be towards the back.When not using the secondary access,emergency vehicles may travel on the older roads first before reaching the newer lots located at the back. But,even in this situation,the current standards improve accessibility. 5 PMC 19.10.100,emphasis added. 6 Staff Report,p.9,emphasis added. PMC 19.10.090. City of Pasco Hearing Examiner Page 3 of 5 Decision,Variance HE 2020-003 (Pathfinder Mobile Home Park) Surrounding characteristics serve to lessen material detriment to surrounding properties, such as the irrigation canal and proposed walking path to the north, and high school playfields to the south. However, the requirement would still provide buffering and address aesthetic impacts to surrounding properties. Special circumstances which would warrant eliminating this requirement are not present. 1.7.4 Parking/Recreation Vehicle. The code imposes certain parking requirements. "A recreation vehicle storage area shall be provided in all residential parks sufficient in size to permit the storage of one RV/boat for every two residential lots...."8 Some other manufactured home facilities in the City do not have RV storage areas. These are typically older parks, and virtually all are under five acres. Current residents do utilize RV's.9 Special circumstances which would warrant eliminating this code requirement were not identified. 1.7.5 Secondary Access. Development of one or two family dwelling residential developments exceeding 30 units must have two separate and approved fire apparatus access roads.10 With 70 units total, the Pathfinder Mobile Park exceeds this unit number, but has only one access off North Road 84. Any fire or motor vehicle incident could block emergency services access to the proposed lots. Lack of a second access point poses a safety hazard, preventing adequate access to first responders; an issue even more important for a 55+ age community." The substandard existing access roads and proposed placement of a home blocking secondary access were created by the Applicant and predecessor in interest.12 2. CONCLUSIONS A variance is subject to conditions to assure it is not "a grant of special privilege inconsistent with" limits on other "properties in the vicinity" and is only granted if these criteria apply: (a) Because of special circumstances applicable to the subject property, including size, shape, topography, location of surroundings, the strict application of the zoning ordinance is found to deprive subject property of rights and privileges enjoyed by other properties in the vicinity and under identical zone classification. (b) 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. 8 PMC 25.75.060(1). 9 Staff Report,p.9. 10 PMC 16.05.010;IFC Appendix§ D 107.1; Staff Report,p. 8. 11 Staff Report,p. 8. 12 Id. City of Pasco Hearing Examiner Page 4 of 5 Decision,Variance HE 2020-003 (Pathfinder Mobile Home Park) (c) The special circumstances applicable to the subject property were not created through the action(s) of the applicant or any predecessor in interest.73 Absent special circumstances, such as size, shape, topography, or location of surroundings, the Examiner may not issue a variance. If the Examiner could grant variances without this showing, the Examiner would effectively become the entity charged with deciding code requirements. This is a legislative function belonging to the Council,not the Examiner.14 That a portion of a development was designed under different codes will typically not constitute a special circumstance. The code specifically addresses legal non-conforming use expansion through Ch. 25.170 PCC. While a "legal nonconforming use may continue as long as it remains otherwise lawful ... [a] nonconforming use may not be altered or extended during its life except as provided herein."15 The Examiner lacks authority to use the variance process to modify code based on a policy assessment as to whether having additional housing outweighs standard code requirements. Rather,the variance criteria must be met. Given existing structures are developed to older standards, this could mitigate material detriment to a certain extent, though granting the variances will also exacerbate existing conditions. Either way, the code does not authorize deviation because a use built to an older standard has an opportunity to expand. That does not mean some leniency would be unreasonable. Flexibility could help with increasing an important source of affordable housing, consistent with the Comprehensive Plan. And, perhaps modest deviations could occur without material detriment to surrounding properties. However, this is a policy call. Without special circumstances depriving the Applicant of rights nearby property owners enjoy, the variance process does not allow the Examiner to balance policy objectives to change standard code requirements. DECISION The Hearing Examiner, pursuant to the above Findings of Fact and Conclusions of Law, denies the requested variances. Absent a timely appeal,this Decision is final.16 DECISION entered August 20, 2020. City of Pasco Hearing xaminer Susan Elizabeth Drummond 13 PMC 25.195.020(1). 14 See e.g., RCW 35.63.080;PMC 25.05.020;Ch. 1.20 FMC. "PCC 25.170.040(1)(a),emphasis added. 16 See Ch.36.70C RCW(establishing 21 day appeal period to superior court,and setting forth necessary petition for review contents,along with filing and service requirements). City of Pasco Hearing Examiner Page 5 of 5 Decision,Variance 14E 2020-003 (Pathfinder Mobile Home Park)