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HomeMy WebLinkAboutHE Determination HE 2020-001 Rupp Dwelling Setback CITY OF PASCO HEARING EXAMINER FINDINGS OF FACT, CONCLUSIONS OF LAW,AND DECISION Administrative Exception Dwelling/Side Setback, 915 West Opal Street February 11, 2020 1. FINDINGS OF FACT 1.1 Proposal. A four inch Administrative Exception to the five foot side yard setback, to allow home replacement after a fire. 1.2 Applicant/Property Owner: Rosa Rupp, 915 W. Opal Street, Pasco, WA. 1.3 Evidence Reviewed. The Examiner reviewed a cover e-mail, a staff report/letter request for the Exception, Applicant letter, elevations, and site plan. 1.4 Project and Basis for Request. A 1953 single story home caught fire last year. A building permit to restore the home and add a second story is under review. The original home did not meet the five foot setback requirement at the northwest corner, where it encroached four inches, as confirmed by survey. While home restoration due to the fire is authorized by code, the addition,because it would be an expansion,requires an administrative exception.) 2. CONCLUSIONS The Examiner may grant an Administrative Exception for minor code deviations: An administrative exception not to exceed one foot of any dimensional standard pertinent to front yard, side yard, rear yard, flanking street, and building line may be granted by administrative action of the examiner without public hearing and without posting or public notices.2 The exception must be 12 inches or less. At four inches, the request complies. Due to the fire and the request's minuteness, unique conditions are present. The Exception should be granted. 1 PMC 25.170.040(1)(a);PMC 25.170.050(2). 2 PMC 25.195.020(5). City of Pasco Hearing Examiner Page 1 of 2 Administrative Exception DECISION The Hearing Examiner, pursuant to the above Findings of Fact and Conclusions of Law, approves the requested Administrative Exception. Entered Febru 20 City of Pasco 14earing Examiner Susan Elizabeth Drummond City of Pasco Hearing Examiner Page 2 of 2 Administrative Exception