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HE 2002-115 Crazy Moose Sign Variance POWELL & GUNTER Attorneys at Law 1025 Jadwm Richland,WA 99352 (509)993-6781 Facsimile (509)946-5177 Alan B.Cmrter 600 SO.COLUMBIA Don E.Powell P.O.Boz 932 Connell,WA 99326 009)lcasc234-6581 respond to Richland office RECEI QED October 3, 2002 OCT 0 Q 2002 coMMUNrrr pEvftoP,yENl oFPr David McDonald City of Pasco 525 North third Avenue P.O. Box 293 Pasco, WA 99301 Re: Pasco Variance Hearing-Crazy Moose Casino Dear Dave: Enclosed are my Findings of Fact, Conclusions of Law, and order on the above mentioned matter denying the request for a variance. If you have questions please contact me. Sincerely, Powell & untq Alan B. Gunter PASCO MUNICIPAL VARIANCE HEARING IN RE VARIANCE REQUEST ) CASE # 02-02 BY DWINELL'S VISIJAL SYSTEMS ) ON BEHALF OF CRAZY MOOSE ) CASINO ) This matter was heard on September 27, 2002 at 3:00 p.m. at Pasco City Hall in Pasco, Washington at the reAuest of Dwinell's Visual Systems on behalf of the Crazy Moose Casino for a variance to allow a sign on the property to be constructed at 510 South 20'h Avenue to be sixty- five feet in height instead of fifty feet. Alan B. Gunter acted as hearing examiner. Present were David McDonald, on behalf of the City of Pasco, Joe Fisher representing Dwinell's Visual Systems, and Lori Payne, manager of the Crazy Moose Casino. Also present was Gary McEachern, an adjacent property owner. Testimony was heard from David McDonald, Joe Fisher, Gary McEachern,and Lori Payne. A letter written by Gary McEachern dated September 6, 2002 was read into the record as was a letter dated September 11, 2002 from Robert W. Bernd also an adjointing property owner. This hearing is a rescheduled hearing. At the last hearing, a property owner in the manufactured home section next to this property appeared and expressed her concern about the sign. FINDINGS OF FACT 1. City of Pasco is a first class city in 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 applicant operates the Crazy Moose Casino on land owned by Gullwing III, LLC located at 510 South 20`h Avenue, Pasco, WA. 3. This land is zoned I-I(Light Industrial). The Crazy Moose Casino operates on this site. Properties to the North and South are also zoned I-1 while the property to the East is zoned C-3. The properties to the West are zoned RHAF-IA(Residential Factory Assembled Home). Land use on the surrounding properties is as follows: to the West, Factory Assembled Homes and Mobile Homes; To the South, Tool Supply and Transmission Businesses; to the East, vacant land; and to the North, Mayflower Moving Company Storage Building and Wholesale Businesses. 4. No other properties in the vicinity have signage exceeding the fitly foot limit established by the municipal code. 5. The property owner to the north, Robert W. Bernd, objects to the erection of a sixty- five foot sign feeling that it would be detrimental to the use of his property. 6. Gary A. McEachern who wrote a letter dated September 6, 2002 and who was in attendance at the hearing withdrew his objection to erection of the sign. 7. There was insufficient evidence presented to determine that allowing a sixty-five foot sign age would not have a negative impact on the residences to the West. CONCLUSIONS OF LAW 1. The request for variance was properly submitted to the office of a hearing examiner of the City of Pasco and all proper notices were given. The hearing examiner has jurisdiction and authority over the request for a variance. 2. The granting of a variance to allow a sign up to sixty-five feet instead of no more than fifty feet will be injurious to the property or improvements in the vicinity. 3. The actions of the applicant have not created a need for a variance. The sign has not yet been constructed. 4. Strict application of the sign ordinance height of fifty feet will not deprive the applicant of privileges enjoyed by other property owners in the same area. ORDER Based upon the foregoing findings of fact and conclusions of law, it is hereby o_•dered: That the Applicant's request for a variance allowing a sign up to sixty-five feet in height instead of no more than fifty feet in height on the property is denied. This decision will become final ten(10) calendar days after the date of this order unless appealed to the City Council. Such appeal shall contain a brief statement of the reason why error is assigned to the examiner's decision, and shall be accompanied by a fee of one hundred dollars($100.00). The timely filing of an appeal shall stay the effective date of the examiner's decision until such time as the appeal is adjudicated by the City Council or is withdrawn. Pasco City Ordinance 3354, Section 2, 1999. Done this 3rd day of October, 2002. Alan B. Gunter, Hearing Examiner f:/.../docs/patty/pascolearing VICINITY MAP ITEM : VARIANCE REQUEST CS--Foot Sign APPLICANT: Dwinell's Visual Systems _ MF 02- 115—VAR � L ST W. BONNEVILLE ST FRolvI,gcE � 5T w 0 CIA U) SIGN - - mo .mo L ❑ CATI ❑ N ( s ) 000Q ftf a W. "A" ST W "A" ST s� SITE