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HE 2008-003 Decision Letter Olin Homes Waiver of Setback Violation COMMUNITY&ECONOMIC DEVELOPMENT DEPARTMENT P.O. Box z43, 525 North Third Avenue, Pasco, Washington 993oi AIMP (509) 545-3442 Web: http.Ilwww.pasco-wa.gov FAX (509)545"3499 25 August 2008 John 8, Linda Goulet 5511 Wrigley Dr Pasco WA 99301 Subject: HE 08-003. OLIN HOMES SIDE SETBACK. Dear Mr. and Mrs. Goulet: Enclosed is a copy of the Hearing Examiner decision on your request for a Variance from the side setback requirement for a lot at 5511 Wrigley Dr (Tax Parcel #116-290-106). Please contact the City Planning Department with any questions. Sincerely, Jo f-Adams, Associate City Planner Community & Economic Development jba pc: Rick White, Director, Community & Economic Development Dave McDonald, City Planner Dean Olin Olin Homes Llc 9301 Ne 117th Ave Vancouver, WA 98662 file POWELL & GUNTER Attorneys at Law commulyln.� tip 1425 J adwin , Richland,WA 99352� � ? (509)943-6781 3 Facsimile (509)946-5177 Alan B.Gunter 600 S.CoIumhia Don E.Powell P.O.Box 932 --------------------------- Connell,WA 99,326 Rachel M.Woodard (5119)234-6581 'Please respond to Richland office. September 23, 2008 City of Pasco Attn: Jeff Adams 525 N. Third Avenue Pasco, WA 99301 Re: Dean Olin Case No.: 08-003 Dear Jeff: Enclosed please find my decision on hearing examiner case number 08-043. If you have any questions, please contact me. Yours very truly, PGWELL & GUNTER Alan B_ Gunter ABG:mnn Enclosures PASCO MUNICIPAL WAIVER OF VIOLATION HEARING REQUEST FOR WAIVER OF VIOLATION ) } CASE#08-003 Dean Olin } This matter was heard on September 17, 2008, at 3:30 p.m., at Pasco City Hall in Pasco, Washington, at the request of Dean Olin for a waiver of violation pursuant to PMC 2.19.080(A) for a residence that was inadvertently constructed to close to the side yard property line. Present were Jeff Adams, on behalf of the City of Pasco, and applicant Dean Olin. Also present were Sandy Lang,Linda Goulet and John Goulet. Based on the testimony and records submitted, the hearing examiner now enters his: FIlVDINGS OF FACT A) On November 13, 2047 Olin Homes was issued a building permit to construct a 3,400 foot house on Lot 11 of the Pasco Heights Phase 8 subdivision B} The Building permit was properly issued by the Pasco Building Department. Q The property is located in an R-1 zoning district D} All setbacks were found to be in conformance with the requirements of the R-1 zone prior to permit issuance. E} Based on identification of the property lines by the builder, the building inspector determined that construction of the house was in compliance with approved plans. F} The setbacks were checked by the building inspector at the time the foundation forms were inspected. G} The contractor incorrectly measured the property line, basing the property line location on an incorrect pin in the gear yard area. H} The house encroaches into the side yard setback 4 inches (6 inches at the patio cover). I} The Goulets purchased their home in good faith with the understanding that is complied with all City codes. 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 waiver of violation. 2. The above home being situated 4 to 6 inches to close to the side lot line does not pose a threat to the public health, safety, convenience and general welfare of the Community. 3. The violation was not intentional and does not violate the spirit or intent of the zoning ordinances. 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 be and is hereby granted. Done this 23rd day of September, 2008. Alan B. Gunter, Hearing Examiner f:l...ldocslpasco.olindwisfon