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HE 2012-001 Determination All-Pro Hearing Examiner Zoning Interpretation Appeal - DECISION Case#2012-001 RECEIVE® City of Pasco—All Pro Contracting FFB 14 20$2 Date of Hearing: February 8, 2012 COMMUNITY&ECONOMICDWELOPMENr Background — In December of 2011, Mr. Lonnie Haag of All-Pro Contracting, contacted the City of Pasco Planning Department to request an interpretation of allowable uses in the C-1 Retail Business District zone. Specifically, Mr. Haag made inquiry as to whether a granite/marble countertop business would be permitted on Lot 1, Phase 1, Sunrise Estates, City of Pasco — property which is classified as C-1. The City Planner and the Planner I apprised Mr. Haag that a granite/marble countertop business did not fit the C-1 zoning purpose, but did note that such a business would be appropriate for C-3 or one of the industrial districts. Mr. Haag disagreed with the City Planner and Planner I determination and submitted a letter on December 23, 2011 to the Community & Economic Development Director requesting a formal interpretation. The request to locate a granite/marble countertop in a C-1 zone was denied, said denial in consensus with the opinion of the City Attorney. Pursuant to the Hearing Examiner System delineated in Pasco Municipal Code, Title 25, effective April 19, 1999, Mr. Haag appealed the decision of the Community& Economic Development Director. The scope of the hearing is not site specific, but rather is a zoning matter. The Hearing Examiner Report dated January 20, 2012, and all attachments thereto, are hereby incorporated by reference. Findings of Fact— The current zoning classifications which are applicable to this matter were established under the Pasco Municipal Code, Title 25, effective April 19, 1999. The purpose of the C-1 zoning is to provide a location for commercial activities that "meet the retail shopping and service needs of the community". Each business district noted in Pasco Municipal Code, Title 25 provides a list of permitted uses in order to illustrate the intent of the particular zoning. The proposed facility for the granite%marble countertop business is a 4,800 square foot facility with approximately 17% of the square footage allocated to retail sales, office space, and display, while approximately 83% of the square footage is designated for cutting, coring, grinding, polishing, and finishing granite and marble slabs for countertops, as well as warehousing. The C-3 General Business District includes warehousing as a permitted use. The 1-1 Light Industrial District includes contractor's plant as a permitted use. The proposed granite/marble countertop business fits the definition of "contractor' under the Washington Administrative Code 296-200A-016, as well as the North American Industry Classification System definition for industry description #238390. The City Planner and the Community & Economic Development Director have extensive experience, 30 years and 25 years respectively, interpreting zoning regulations in a municipal setting. Conclusions of Law— The granite/marble countertop business requesting approval for establishment within a C-1 zone, while possessing a retail element by nature common to all product businesses, is more closely aligned with the permitted uses found in a C-3 zone or an industrial district. Although sympathetic to the strength of the aesthetic value (a new building, use of landscaping and fencing, minimal environmental impacts as operations are quiet, non-dust producing, and indoor) of locating the subject business in a C-1 zone as noted in Mr. Haag's presentation, he unfortunately did not provide any substantive support for categorizing the subject business as one which fits the intent of the C-1 zoning. The fact that nearby businesses of a similar nature would be permitted uses is not a relevant point as the surrounding property is zoned other than C-1. The City of Pasco has enacted a comprehensive land use plan in which various tracts of land have been designated for various uses. Maintaining the integrity of the different zones is critical to achieving the objectives of the land use plan. There are zones within the City of Pasco where a granite/marble countertop business would be a permitted use; however, by definition both inclusive and exclusive, such a business does not satisfy the requirements of a permitted use within a C-1 zone. Decision— The determination of the Community& Economic Development Director is AFFIRMED. This decision shall become final in ten (10) calendar days unless appealed to the City Council. The appeal procedure is set forth in Pasco Municipal Code, 25.84.150. Sandra I. Muller, Hearing Officer Date: February 9, 2012