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HE 2009-002 Decision Ferger 1 2 3 4 CITY OF PASCO 5 REVIEW OF AN ADMINISTRATIVE ACTION 6 ROBERT FERGER and ) 7 ETHEL FERGER, ) NO. 09-002 8 Appellants, ) 9 V. ) ) 10 CITY OF PASCO, ) 11 Respondent. ) 12 A properly noticed administrative hearing was convened on the record on December 13 10, 2009 in the above-captioned matter in Pasco City Council Chambers. 14 The City of Pasco appointed Daniel Kathren as its authorized Hearings Examiner, 15 pursuant to PMC 2.19. Appellants were present. Respondent was represented by David 16 MacDonald with Rick White present. 17 EXHIBITS 18 Fourteen exhibits were admitted into evidence as identified on the record. 19 RULINGS 20 All rulings during the hearing made on motions,objections,and evidentiary matters 21 are hereby adopted and incorporated herein by reference. The Hearings Examiner 22 considered all exhibits, testimony and argument presented on the record, regardless of 23 whether fully set forth herein. Having considered the record and being fully advised, the 24 Hearings Examiner makes the following: 25 Page 1 of 4 1 FINDINGS OF FACT 2 1. The property in question is located at 829 S. Myrtle Avenue (hereinafter "the 3 property"). This is within the City Limits of the City of Pasco (hereinafter "the 4 City"). 5 2. The property is zoned I-1,Light Industrial and has been so zoned since the 1970s. 6 3. In 1965, the City of Pasco adopted a Zoning Code which established zoning 7 districts that regulated where different land uses were permitted within the City. 8 4. The property is improved to include a single family dwelling. 9 5. PMC 25.52 does not permit residential structures or uses in I-1 zones. 10 6. Single family dwellings are non-conforming uses in 1-1 zones. The single family 11 dwelling on the property is a non-conforming use. 12 7. There has been no garbage service to the property since 1999. 13 8. Appellants purchased the property in 2002. 14 9. The building on the property does not have an electrical meter. Franklin County 15 PUD records indicate that there has been no electrical usage in the building since 16 2000. 17 10. Utility records indicate that there has been no water usage in the building on the 18 property since November 2005. Appellants requested that water service be 19 disconnected from the building on November 16, 2007. 20 11. On August 7, 2008, a City Code Enforcement Officer found the property to be in 21 a state of abandonment. 22 12. On August 25, 2008, Appellants were mailed a correction notice to address code 23 violations on the property consisting of trash litter and debris, an abandoned and 24 dilapidated building and fire hazards created by dry weeds. 25 Page 2 of 4 1 13. Inspection of the property on February 26, 2009 revealed the building had been 2 secured by being boarded up and all weeds and trash had been removed. 3 14. On November 16, 2009, Appellants applied for a building permit to repair the 4 building. The City Planning Department determined the building had lost its non- 5 conforming status and denied the issuance of a building permit. 6 15. At no time since Appellants purchased the property has any person lived in the 7 dwelling on the property. 8 CONCLUSIONS OF LAW 9 1. The above Findings of Fact are adopted as Conclusions of Law. lo 2. Non-conforming uses are permitted to continue in a zoning district in which they 11 are not listed as a permitted use until they are abandoned for one or more years;OR 12 are damaged and not issued a building permit within 6 months;OR are damaged by 13 more than 50% of the assessed value of the structure. 14 3. The single family dwelling on the property was abandoned for over one year. 15 4. The single family dwelling on the property was damaged significantly and no 16 building permit was applied for within 6 months. 17 5. The property has lost its status as a non-conforming use. 18 ORDER 19 IT IS HEREBY ORDERED that the determination of the City of Pasco to deny 2o a building permit to the Appellants,ROBERT FERGER and ETHEL FERGER on or about 21 November 16,2009, relating to the real property located at 829 S. Myrtle Avenue, Pasco, 22 Washington is sustained. Appellants' request for relief is denied. 23 24 25 page 3 of 4 1 DATED: December 18, 2009 3 ��& DANIEL F. KATHREN, Hearings Examiner 4 City of Pasco 5 You may appeal this final order to the Franklin County Superior Court. This appeal must 6 be filed within 21 days from the date this order is served. A $220.00 filing fee must be submitted along with a Notice of Appeal and Case Cover Information Sheet. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 page 4 of 4