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HE 2010-001 Torres RECEIVED POWELL & GUNTER MAR 2 3 2010 Attorneys at Law 1025 Jadwin Richland,WA 99352 COMMUNITY&ECONOMIC DEVELOPMENT (509)943-6781 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 March 19, 2010 City of Pasco Attn: Dave McDonald 525 N. 3rd Avenue Pasco, WA 99301 Re: Variance hearing decision - Oscar Torres &Adelina Garcia Dear Dave: Enclosed please find my decision on this variance hearing. Yours very truly, POWELL& GUNTER Alan B. Gunter ABG:msh Enclosures PASCO MUNICIPAL VARIANCE HEARING DECISION IN RE VARIANCE REQUEST ) CASE 9 10-001 BY OSCAR TORRES ) AND ADELINA GARCIA ) This matter was heard on March 17, 2010 at 3:00 p.m., at Pasco City Hall in Pasco, Washington, at the request of Oscar Torres and Adelina Garcia for a variance to PMC 25.75,which requires the height of fences in front yards to be 3.5 feet, to allow Mr. Torres and Ms. Garcia to place a 6-foot fence in the front yard area of their lot. Alan B. Gunter acted as hearing examiner. Present were Shane O'Neal and Rick White on behalf of the City of Pasco and applicant Oscar Torres. Based on the testimony and records submitted at the hearing, the hearing examiner now enters his: FINDINGS OF FACT A) The property in question is located at 629 West Clark Street. B) The property is zoned as "R-1, Low Density Residential". C) The property is a corner lot at the intersection of 6th Avenue and West Clark Street. D) The property is bordered by an alley on the north property line. E) PMC 25.75.050(c) states: "The height of fences, walls, and hedges shall be limited to 3.5 feet within the front yard area of residentially zoned lots, retail business and office zoned lots; provided, when two contiguous corner lots, or two corner lots separated only by an alley right-of-way,form the entire frontage between parallel or nearby parallel streets, the height of fences, walls and hedges shall be limited to 6 feet within the front yard adjacent to the side street." F) PMC 25.12.490 defines a Front Yard as "an open and unoccupied space extending the full width of the lot between any building and any street right-of-way adjacent to the lot." G) A parcel created after the original platting of the Gerry's Addition separates the applicants' property from the corner lot at the intersection of 6th Avenue and FINDINGS OF FACT, CONCLUSIONS OF LAW,AND ORDER ON VARIANCE REQUEST -I- Bonneville Street. H) The two lots to the north of the applicants contain buildings that are located within five feet of the front property line along 6"Avenue. I) The lot at 217 N. 6th Avenue has a five-to six-foot fence along the right-of-way line. J) The church located on the west side of 6t<'Avenue directly across the street from the applicants' property is built on the 6th Avenue right-of-way line. K) The improved roadway on 6th Avenue is located 25 feet from the adjoining property lines. L) The applicants have made a request for a variance,and all required notices have been given. M) No opposition to the variance has been received by the City of Pasco, and no opposition by neighbors to the variance was presented at the hearing. N) 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 enj oyed 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 created through the actions of the applicants or any predecessor in interest. FINDINGS OF FACT, CONCLUSIONS OF LAW,AND ORDER ON VARIANCE REQUEST -2- ORDER Based upon the foregoing findings of fact and conclusions of law, it is hereby ordered: That the applicants' request for a variance is granted. Done this of March, 2010. Alan B. Gunter, Hearing Examiner f:\...WpFiles\Docs\Pasco.Torres decision.wpd FINDINGS OF FACT, CONCLUSIONS OF LAW,AND ORDER ON VARIANCE REQUEST -3-