Loading...
HE 2008-002 Decision Letter Hinojosa Frontage Variance RECEIVED POWELL & GUNTER AUG 2 2 2008 Attorneys at Law 1025,1adwin (;nMMUNITY DEVELOPMENT DEPT. Riehland,WA 99352 (509)943.6781 x Facsimile (509)946-5177 Alan B.Gunter 600 S. Columbia Don E.Powell Connell,WA 99326 ........................... (509)234-6581 Rachel M.Woodard *Please respond to Richland office. August 19, 2008 City of Pasco Attn: David McDonald 52.5 N. Third Avenue Pasco, WA 99301 Re: Sylvia Hinojosa Case No.: 08-002 Dear David: Enclosed please find my decision on hearing examiner case number 08-002. If you have any questions, please contact me. Thank you. Sincerely, POWELL& GUN Alan B. Gunter ABG:jmc Enclosures PASCO MUNICIPAL VARIANCE HEARING IN RE VARIANCE REQUEST } } CASE# 08-002 Sylvia Hinojosa ) This matter was heard on August 13, 2008, at 3:30 p.m., at Pasco City Hall in Pasco, Washington, at the request of Sylvia Hinojosa for a variance to the frontage requirements in an R-2 Zone. Present were David McDonald, on behalf of the City of Pasco, and applicant Sylvia Hinojosa. 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 Lots 14, 15, and 16, Block 26, Riverside Addition to Pasco together with vacated adjoining right of way. The property is located at 1203 W. Washington Street, Pasco, WA 99301 3. This property is zoned R-2 4. This property was platted in 1889 with lots 45 to 50 in width. 5. A garage was built to the north of the house at some indeterminate time and was converted to a dwelling unit again at an unknown date. 6. The garage which had been converted to a rental suffered major fire damage and has been demolished. 7. Applicant applied to rebuild the fire damaged unit as a dwelling unit in mid 2008. 8. Only one single family dwelling is permitted per lot. 9. The Applicant wishes to subdivide her three lots into 2 lots in order to rebuild the preexisting fire damaged dwelling. 10. The current minimum lot frontage requirement for a single family dwelling is 60 feet. 11. The R-2 Zone requires a minimum of 5,400 square feet of land per dwelling unit. 12. The R-2 setback requirements for side yards is 5 feet. 13. The primary structure is built within 55 feet of the North lot line. 14. Because of the location of the primary structure the property cannot be divided into two evenly-dimensioned lots with 60 feet of frontage because the location of the existing house requires setbacks that limit a second lot to 50 feet in width if lots lines are straight. 15. There are a number of dwellings within the neighborhood with identical zoning that have street frontages as small as 45 feet. 16. 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. 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. C. The special circumstances applicable to the subject property were not created through the actions(s) of the applicant or any predecessor in interest. 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. Other properties in the neighborhood have street frontages as small as 45 feet. But for the change in the street frontage standard to 50 feet the Applicant could have subdivided her lots and rebuilt her rental unit. 3. The granting of a variance to allow 50 foot frontage 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. 4. While the original owner or subsequent owners of this property placement of the house within 55 feet of the lot line may have contributed to the current problems it is the change in frontage requirements that actually caused this.problem. The special circumstances applicable to the subject property were not created 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. r Done this �1 of August, 2008. Alan B. Gunter,Hearing Examiner fA..AdoeskpascoMin ojosadec is ion