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HE 2005-143 Logston Variance Garage Setback i, f ■ jCOMMUNITY DEVELOPMENT DEPARTMENT =9)545-3441 l Fax(509)545-3499 P.O. Box 293,525 North Third Avenue, Pasco,Washington 99301 IE I November 21, 2005 Barbara Logston 1823 W Yakima Street Pasco, WA 99301 Dear Ms. Logston: Enclosed is a copy of the Hearing Examiner decision on your rear setback variance application. The Hearing Examiner approved your variance request for the minimum required setback of a garage with a door facing the alley. You will need to obtain a building permit prior to constructing the garage. If you have question about this matter please call me at 545-3441. Sincerely, David McDonald City Planner XC: Richard J. Smith, Director, Community & Economic Development Mitch Nickolds, Inspection Services Manager enclosure: PASCO MUNICIPAI- VARIANCE HEARING IN RE VARIANCE REQUEST ) ] CASE # 05-06 BY BARBARA LOGSTON } This matter was heard on November 10, 2005, at 3:30 p.m., at Pasco City Hall in Pasco, Washington, at the request of Barbara Logston for a variance to the 20 foot set back requirement of PMC 25.36.050(4)(c) for rear yards. Alan B. Gunter acted as Hearing Examiner. Present were David McDonald,on behalf of the City of Pasco and applicant Barbara Logston. Based on the testimony and records submitted at the hearing,the hearing examiner now enters his: FINDINGS OF FACT 1. The City of Pasco is a first-class city of 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 property in question is located at 1823 West Yakima Street, Pasco, WA 99301. 3. The property is located in a R-1 zone(low density residential)_ The property is developed with a single family dwelling. The surrounding properties are similarly zoned and are developed with single family dwellings_ 4. The applicant desires to build garage which will be 6 feet from the rear property line. PMC 25.36.050(4)(a)requires a 20 foot set back. 7. Other houses which use this alley and other houses in the neighborhood have structures which violate the 20 foot set back. 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. Prior to approval of a variance, the Municipal Code requires three determinations in the affirmative. A. "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". Strict application of the zoning ordinance would deprive this property of rights and privileges enjoyed by other similar properties.. B. "That 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." The requested improvement will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity. C. "The special circumstances applicable to the subject property were not created through the action(s) of the applicant or any predecessor in interest." Applicant has not created the special circumstances in this case. ORDER Based upon the foregoing Findings of Fact and Conclusions of Law, the Applicant's request for a variance, is granted. Done this of November, 2005. Z��` " r Alan B. Grunter, Hearing Examiner f:l..Adocslpasco.Logs tor