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HE 2015-002 - Flippo Determination 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 R E C E I 1 vj L _ Benjamin J.Volmer .JUL 2 9 2015 July 23, 2015 City of Pasco COMMUNITY& ECON0611C UEVELUPItictli Attn: Shane O'Neill 525 N. 3rd Pasco, WA 99301 Re: Bruce Flippo MF#HE 2015-002 Dear Shane: Enclosed please find my decision on the Bruce Flippo hearing held on July 15, 2015. Please let me know if you need anything additional. Yours very truly, POWELL & GUNTER Alan B. Gunter ABG:dh Enclosures F:/Word/Docs/Pasco.Flippo.Letter.docx PASCO MUNICIPAL VARIANCE HEARING REQUEST FOR VARIANCE ) CASE#HE2015-002 Bruce &Connie Flippo ) This matter was heard on July 15, 2015, at 3:30 p.m., at Pasco City Hall in Pasco, Washington, at the request of Bruce & Connie Flippo for a review of an administrative action relating to the residential landscaping requirements set forth in PMC 25.75.050(4). Present were Shane O'Neill and Rick White on behalf of the City of Pasco, and Bruce & Connie Flippo. Based on the testimony, the records, and the photographs submitted at the hearing, the Hearing Examiner now enters his: FINDINGS OF FACT A. The site is located at 830 S. 11th Avenue. B. The subject site is 9,660 square feet (0.22 acres) in area. C. The site is a corner lot, occupying the northwest corner of the intersection of S. 11tH Avenue and`B" Street. D. The site contains a residential duplex. E. The duplex was constructed in 2012. F. The Comprehensive Plan designates the site for mixed-residential uses. G. The site is zoned R-2 (Medium-Density Residential). H. Surrounding properties are zoned for residential uses and are developed primarily with single-family homes. I. Section 25.75.050(4) of the Pasco Municipal Code requires the front yard area(s) of residential properties to contain a minimum of fifty percent (50%) live vegetation excluding driveways. J. The applicant was aware of the 50% requirement. K. The front yard totals 2,365 square feet in area. L. Meeting the 50% front yard landscaping requirement would require a minimum of 1,182 square-feet of live vegetation within the defined front yard area. M. The current landscaping on the site does not meet this requirement. N. On March 20, 2015, Community & Economic Development Director, Rick White, issued a letter to Mr. Flippo requesting a site landscape plan indicating how Mr. Flippo will meet the minimum residential landscaping requirements. O. Mr. Flippo believed that the landscaping on the site met the landscaping requirements as explained to him by City Employees. Findings of Fact, Pg. 1 Conclusions of Law, and Order on Administrative Action Review P. No written plan based upon the information received by Mr. Flippo was submitted to the City of Pasco, and no written authorization was given by the City of Pasco for Mr. Flippo's current landscaping. CONCLUSIONS OF LAW The landscaping on the site located at 830 S. 1 Vh Avenue, Pasco, Washington does not meet the landscaping requirements of PMC 25.75.050(4). A belief that City Employees approved applicant's landscaping plan is not sufficient to overturn the administrative action taken in this case. ORDER Based upon the foregoing findings of fact and conclusions of law the applicant's petition for review is denied and the applicant is required to abide by the administrative action. The Hearing Examiner's decision will become final in twenty-one (21) calendar days from the date of issuance of the decision in the manner required by law unless appealed to the Franklin County Superior Court. Done this `' of July, 2015. Alan B. Gunter, Hearing Examiner Word/docs/Pasco.Flippo.Findings Findings of Fact, Pg. 2 Conclusions of Law, and Order on Administrative Action Review