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HE 2007-003 Decision Brouns Fence POWELL & GUNTER .SAN 0 9 Attorneys at Law 1025.ladw;n Richland,WA 99352 (509)943-6781 Facsimile (509)946-5177 Alan B.Gunter 600 S.Columbia Don E.Powell Connell,WA 99326 (509)234-6581 *Please respond to Richland office. January 8, 2008 City of Pasco Planning Department Attn: Dave McDonald 525 N. Third Avenue Pasco, WA 99301 Re: Variance Hearing-Brouns, Thomas & Donna Dear Mr. McDonald: Enclosed please find my decision in this matter. If you have any questions,please contact me. Thank you. Sincerely, PGWELL & GUNTER Alan B. Gunter AB G:msh Enclosures PASCO MUNICIPAL VARIANCE HEARING IN RE VARIANCE REQUEST } } CASE# 07-003 BY Donna and Thomas Brouns ) This matter was heard on January 3, 2008, at 3:30 p.m., at Pasco City Hall in Pasco, Washington, at the request of Donna and Thomas Brouns for a variance to PMC 25.76.050(2), which requires the height of fences in front yards to be 3.5 feet, to allow the Brouns to place a 5- foot fence in the front yard area of their lot. Alan B. Gunter acted as Hearing Examiner. Present were David McDonald, on behalf of the City of Pasco, and applicant Thomas Brouns. 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 legally described as Lot 1, Block 3, River Homes Subdivision. 3. This property is zoned R-S-20, Suburban Residential and is developed with a single family dwelling. Surrounding properties are also zoned R-S-20 and are developed principally with single family dwellings. The lot is approximately 500 feet from the Columbia River. 4. PMC 25.12.490 defines a front yard as the area between any building and any street right-of-way adjacent to a lot. 5. PMC 25.76.060 requires the heights of fences to be limited to 3.5 feet in front yards. 6. The applicant desires to erected a 5 foot plastic fence in the front yard area. 7. No opposition to this request for a variance was received by the City of Pasco and no opposition by neighbors to the variance was presented at the hearing. S. This property, along with others in this area, is unique because of its location near the Columbia River which results in the Front yards being used as a rear yards. 9. A determination of non significance under the State Environmental Policy Act (SEPA) is warranted. 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 the special circumstances applicable to this property, the strict application of the zoning ordinance would deprive the property of rights and privileges enjoyed by other properties in the vicinity. 3. The granting of a variance to allow the fence requested by the applicant would 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 cheated 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 is granted. Done this of January, 2008. Alan B. Gunter, Hearing Examiner f-. \d ocslp asco.S ro u nsdec i s i on