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HE 2007-002 Pape Sign Variance POWELL & GUNTER Attorneys at Law 1025 Jadwin Richland,WA 99352 (509)943-6781 Facsimile (509)946-5I77 Alan B.Gunter 600 S.Columbia Don E.Powell Connell,WA 99326 (509-)234-6581 *Please respond to Richland office. July 17, 2007 City of Pasco Attn: David McDonald 525 N. 3`d Ave. Pasco, WA 99301 Re: City of Pasco vs. Pape Material Handling RECEIVED Ail 1 'q 2so? Dear David: Enclosed please find nay decision to the above matter. coruMLAMr❑FvELoPrU^t:Nz flEPr. If you have any questions, please contact me. Thank you. Sincerely, POWELL & GUNTER C:- Alan B. Gunter ABG:sln/P as c o P ap eMateri al Enclosures PASCO MUNICIPAL VARIANCE HEARING IN RE VARIANCE REQUEST } } CASE # 07-002 BY Pape Material Handling ) This matter was heard on July 13, 2007, at 3:30 p.m., at Pasco City Hall in Pasco, Washington, at the request of Pape Material Handling for a variance to allow a 50 foot tall sign in a C-3 Zone, Alan B. Gunter acted as Hearing Examiner. Present were David McDonald, on behalf of the City of Pasco and Kelly Reid on behalf of the Applicant. Based on the testimony and records submitted at the hearing, the hearing examiner now enters his: FINDINGS OF FACT 1. This property is located in the 1300 block of East Superior Street on Lot 2,Binding Site Plan #2007-01. The property is approximately 300 feet from East Oregon Avenue. 2. This property is zoned C-3 (General Business). Surrounding properties are similarly zoned C- 3 and are vacant or developed with industrial type buildings. The nearest residential homes are located about one half mile away. 3. Buildings in a C-3 zone can be 45 feet in height or higher by special permit. There is vacant land in front of this property which could have a building of 45 feet or more built on it. 4. Other businesses located near by have signs that are taller than 35 feet. There are also other structures located nearby that exceed 35 feet such as power poles and cellular towers. 5. Until September of 2006 the Pasco Sign Code permitted freestanding signs to reach the height of 50 feet and by special permit could be extended to 65 feet. 6. A determination of non significance in accordance with the State Environmental Policy Act (SEPA) as been issued. 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. 2.1n order for the approval of a variance the Pasco 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 privilege enjoyed by other similar properties in the vicinity. There are special circumstances applicable to this property which if the sign height There are special circumstances applicable to this property which if the sign height ordinance is strictly enforced will deprive the property of rights and privilege enjoyed by other similar properties in the vicinity. Other properties near this property have signs that are up to 50 feet in height. Since this property does not have direct access to Oregon Avenue and there are undeveloped properties between this property and Oregon Avenue any future building which is 45 feet or more in height will make a 35 foot sign ineffective. 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. Given that there are other 50 foot signs nearby and the industrial nature of the development of theses properties granting a variance 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 actions of the applicant or any predecessor in interest. The special circumstances applicable to the subject property were not created through the actions of the applicant or any predecessor in interest. ORDER The variance is granted. The applicant can place a 50 foot free standing sign on the property. c- _ Alan B. Gunter-hearing examiner F.\...ldocslPasco.Papedecisi on