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HE 2010-003 Storrs POWELL & GUNTER Attorneys at Law 1025 Jadwin Avenue Don E.Powell Richland,WA 99352 (509)943-6781 Alan B.Gunter Fax(509)946-5177 ----------------------- Rachel M Woodard December 8, 2010 City of Pasco Attn: Dave McDonald 525 N. 3rd Avenue Pasco, WA 99301 Re: Variance hearing decision- Jason Storrs Dear Dave: Enclosed please find my decision on the above request for variance hearing. Yours very truly, PO�W�E�LLLL &GUNTER Alan B. Gunter ABG:dh Enclosures PASCO MUNICIPAL VARIANCE HEARING REQUEST FOR VARIANCE ) CASE # 10-003 Jason Storrs ) This matter was heard on December 1, 2010, at 3:30 p.m., at Pasco City Hall in Pasco, Washington, at the request of Jason Storrs for a variance to the front yard fence height restriction within the R-1 zoning district. Present were Taylor Young, on behalf of the City of Pasco, and applicant Jason Storrs. Also present was Rick White. Based on the testimony and records submitted, the hearing examiner now enters his: FINDINGS OF FACT A. The property is located at 5309 Montpelier Drive. B. The property is zoned R-1 (Low Density Residential). C. PMC 25.75.050 requires fencing in front yard areas to be limited to 3.5 feet in height. D. The lot was established as part of the Reilynn Park Subdivision that was designed around an existing church property. E. The plat approval process required a block wall to be constructed along all properties bordering Madison Avenue. F. The block wall along the east right-of-way line of Madison Avenue extends into the applicants front yard setback area fronting Madison Avenue. G. An access and utility easement was created across the easterly 26 feet of Lots 1, 2, and 3 of Reilynn Park as a part of the platting process. H. The easement across Lots 1, 2, and 3 serves as the primary access to said lots. I. The easement contains public sewer and water lines. J. The applicant owns Lot 3. K. Approximately 7,000 residential lots have been platted in Pasco during the past 10 years. L. Only the applicant's lot and two adjoining lots have been platted in Pasco with primary access off an access and utility easement where the houses fronts an easement. M. The access and utility easement on Lots 1, 2, and 3 Reilynn Park functioned as'a City street right-of-way for the purpose of establishing front yard setbacks for permitting homes on said lots. N. The applicants home including the front door and driveway are oriented toward a neighboring side yard. FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER ON VARIANCE REQUEST Page 1 of 2 CONCLUSIONS OF LAW 1. The request for a variance 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 variance. 2. 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. 3. That 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. 4. The special circumstances applicable to the subject property were not created through the actions of the applicant or any predecessor in interest. ORDER Based upon the foregoing findings of fact and conclusions of law, it is hereby ordered that the applicant's request for a variance be and is hereby granted. Done this �7 day of December, 2010. Alan B. Gunter, Hearing Examiner f.\W ord\docs\Pasco.Storrs.decision.doc FINDINGS OF FACT, CONCLUSIONS OF LAW,AND ORDER ON VARIANCE REQUEST Page 2 of 2