Loading...
HE 2007-005 Decision Murray RECEIVED POWELL & GUNTER AN n 4 7.008 Attorneys at Law 1025 dadwitE (-jP •_i!'I f Richland,WA 99352 (509)943-6781 Facsimile (509)946-5177 Alan B.Gunter 600 S.Columbia Don E.Powell Connell,IVA 99326 (509)234-6581 xPlcase 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-Nuxall Jr., Stan Dear Mr. McDonald: Enclosed please find my decision in this matter. If you have any questions, please contact me. Thank you. Sincerely, POWELL& GUNTER Alan B. Gunter ABG:msh Enclosures PASCO MUNICIPAL VARIANCE HEARING WAIVER OF VIOLATION REQUEST } } CASE#07-004 BY Stan Nuxall, Jr. } This matter was heard on January 3, 2008, at 3:30 p.m., at Pasco City Hall in Pasco, Washington, at the request of Stan Nuxall, Jr. on behalf of Matthew Murray for a waiver of violation request pursuant to PMC 2.19.080A for inadvertent location of house to close to the property line. Alan B. Gunter acted as Hearing Examiner. Present were David McDonald on behalf of the City of Pasco and Stan Nuxall, Jr. on behalf of Matthew Murray. 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 is located at 8118 Kootenay Court, Pasco, WA 99301. 3. This property is zoned R-1 (low density residental) and is currently in residential use. 4. Side yard setback requirements are five feet from the property line. 5. Due to an error by the builder in identifying the lot line, the house was constructed on the lot 3.5 feet from the property line. Due to the improperly identified lot line, the city inspectors did not discover the violation. 6. The Murrays were unaware of this problem when they purchased the property. 7. No opposition to this request for a waiver of violation was received by the City of Pasco, and no opposition by neighbors to the variance was presented at the hearing. 8. PMC 25.84.020 provides that: "Recognizing the fact that a building may be erected in good faith with every intent to comply with the provisions of this Title in respect to the location of the building upon the lot and the size and location of required yards, and that it may later be determined that such building does not comply in every detail with such requirements, although not violating the spirit or intent of the zoning ordinance,the examiner may issue a waiver of violation subject to such conditions as will safeguard the public health, safety, convenience and general welfare." 9. A determination of non significance under the State Environmental Policy Act (SEPA) is warranted. CONCLUSIONS OF LAW 1. The request for a waiver of violation 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. The adjoining property is not impacted by this violation. 3. The granting of waiver of violation will not inconvenience the general welfare of the community, nor will it create a public health or safety issue. ORDER Based upon the foregoing findings of fact and conclusions of law, it is hereby ordered: That the applicant's request for a waiver of violation is granted. Done this of January, 2008. G L Alan B. Gunter, Hearing Examiner fA...Wac slpasco.Nu xal dec i cion