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HE 2011-004 Decision RAPP PASCO MUNICIPAL HEARING REQUEST FOR REVIEW OF RULING } CASE# 05-06 BY GEORGE RAPP ) This matter was heard on March 5, 2008, at 3:30 p.m., at Pasco City Hall in Pasco, Washington,at the request of George Rapp for a review of a ruling by Pasco city staff which denied his request for building permit {#B07-2001} to construct a 6-foot fence within what the city staff determined to be a 20-foot setback on a coiner lot. Alan B. Gunter acted as hearing examiner. Present were David McDonald on behalf of the City of Pasco and applicant George Rapp. 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. This action is a minor land use decision and is exempt from review under the State Environmental Policy Act. 3. The property in question is located at 7807 Salmon Drive,Pasco,Washington, legally described as Lot 66 of Phase 4 of the Columbia Place Subdivision, records of Franklin County, Washington. 4. The property is zone R-1. All surrounding properties to the north, south, east and west are also zoned R-1 and are designated for single family dwelling units. 5. The petitioner submitted a building permit(#B07-2001),requesting a 6-foot fence along portions of the perimeter of the subject parcel. 6. The subject parcel is a corner lot with two front yards as defined by city code. The city staff has properly interpreted the code sections that govern corner lots. 7, The minimum front yard setback in the R-1 zone is 20 feet. 8. Fences cannot exceed 3.5 feet in height within the required front yard setback. 9. The petitioner requested a 6-foot high fence within the required front yard setback. 10. Building permit B07-2001 was denied by the City of Pasco planning staff on December 18, 2007 because it requested a 6-foot high fence within the required front yard setback. 11. Limiting the height of fences within the front yard setback to 3.5 feet has a legitimate public purpose. CONCLUSIONS OF LAW I. The request for review of a decision of the city staff to deny a permit for the erection of a 6-foot fence within the required 20-foot setback on a corner lot 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 this appeal. 2. The city staff properly interpreted all city codes that govern fences on corner lots. 3. The 6-foot fence proposed by Mr. Rapp in his building permit #1307-2001 would violate the required 20-foot setback requirements of the Pasco city code. ORDER Based upon the foregoing Findings of Fact and Conclusions of Law, the decision of the city staff to deny a portion of building permit#B07-2001 is upheld. This decision will become final in twenty-one (21) calender days unless an appeal is filed by an aggrieved party with the Franklin County Superior Court in the manner required by law_ Done this / of March, 2008. Alan B. Gunter, Hearing Examiner F:V.Adocs\Pasco.Rappd cc i s i on