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APPL 2014-001 determination Salinas PASCO MUNICIPAL VARIANCE HEARING REQUEST FOR VARIANCE ) CASE # 2014-001 NOLVIA SALINAS, Petitioner ) This matter was heard on September 3, 2014, at 3:30 p.m., at Pasco City Hall in Pasco, Washington, at the request of NOLVIA SALINAS for variance to the minimum rear yard setback requirements of the R-1 Zone for a patio cover. Present were Shane O'Neill and Rick White, on behalf of the City of Pasco, the applicant NOLVIA SALINAS, and Keith and Genet Reynolds, neighbors of the applicant. 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. The owners of 6306 Thistle Down Drive,Nolvia Salinas and Charles Schlechty have requested a variance to the minimum rear yard setback requirement of the R-1 to allow construction of a covered patio attached to the rear of the home. 3. On October 23, 2013 the owners applied for a building permit(B 13-2022) to allow construction of a 23' x 20' attached patio cover to be located within two (2) feet of the rear property line. 4. On October 25, 2013 the Planning Department denied the application finding that the proposed patio cover did not meet the minimum rear setback requirements applied to primary structures. 5. The site fronts both Thistle Down Drive and Woodbine Drive. 6. The subject site is comprised of two separate tax parcels with a combined area of 16,031 square feet. 7. The R-1 zoning district requires rear yard setbacks no less than the height of the home on-site, as measured to the mid-roof-point. 8. The height of a home is measured at the mid-point of the roof. The roof mid-point is measured from average grade to the point of the roof gable existing halfway between the roof eve and the roof peak. 9. The home at 6306 Thistle Down Drive is a single story home; approximately thirteen (13) feet in height measured to the roof mid-point. 10. Building permit#B 13-2022 proposes to locate an attached patio cover within two (2) feet of the rear property line of parcel#117-420-030. 11. Planning Department staff denied approval of building permit#B 13-2022 on October 25, 2013, finding that the proposed patio cover does not meet the rear setback requirement listed under PMC25.28(4)(c). 12. Based on the approximate height of the home at 6306 Thistle Down Drive of thirteen (13) feet, the minimum rear setback may be no less than thirteen (13) feet as measured from the rear property line of Lot 19. 13. PMC Section 25.74.030(4) allows open porches to extend into the rear yard(setback area) up to four(4) feet. 14. Prior to approval of a variance the Municipal Code requires three determinations in the affirmative: A. Because of special circumstances applicable to the property, the strict application of the zoning ordinance would deprive the property of rights and privileges enjoyed by other similar properties in the vicinity. B. That the granting of the variance will 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. C. The special circumstances applicable to the subject property were not created through the actions of the applicant or any predecessor in interest. 15. These three determinations cannot all be answered in the affirmative. 16. Strict application of the zoning ordinance will not deprive the property of rights and privileges enjoyed by other similar properties in the vicinity. 17. While currently granting a variance would not be materially detrimental to the public welfare or injurious to the property or improvement in the vicinity and zone in which the subject property is situated, if the adjoining parcel also owned by the applicant is sold it might become so. 18. The special circumstances applicable to the subject variance request were created by the applicant. Conclusion of law and order Based upon the findings of fact, the variance is denied. Dated: Alan B. Gunter-hearing examiner- F:\...\docs\Pasco. xaminerF:\...\docs\Pasco.Salinasdecision POWELL & GUNTER Attorneys at Law 1025 Jadwin Avenue Don E.Powell Richland,WA 99352 (509)943-6781 Alan B.Gunter Fax(509)946-5177 -- -------------------- Rachel M Woodard September 12, 2014 RECEIVED Dave McDonald SEP 15 2014 City of Pasco 525 N. 3rd Ave. COWIUNITY s ECO40611C OEVELOPPAENT Pasco, WA 99301 Re: Salinas Variance Hearing Dear Dave: Enclosed please find the variance hearing Findings and Conclusion in the case of Nolvia Salinas. If you have any questions, please contact the office. Yours very truly, POWELL & GUNTER Alan B. Gunter ABG:al Enclosures F:/Word/Al ici a/CityofPascoLetter3