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HE 2015-003 determination Hernandez 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 Benjamin J.Volmer August 21, 2015 City of Pasco Attn: Shane O'Neill 525 N. 3rd Pasco, WA 99301 Re: Elizabeth Hernandez - #HE2015-003 Dear Shane: Enclosed please find my decision on the Elizabeth Hernandez hearing held on August 12, 2015. Please let me know if you need anything additional. Yours very truly, POWELL & GUNTER ^ ltiil= Alan B. Gunter ABG:dh Enclosures F:/Word/Docs/Pasco.Hemandez.Letter.docx PASCO MUNICIPAL VARIANCE HEARING REQUEST FOR VARIANCE ) CASE# HE 2015-003 ELIZABETH HERNANDEZ ) This matter was heard on August 12, 2015, at 3:30 p.m., at Pasco City Hall in Pasco, Washington, at the request of Elizabeth Hernandez for a review of an administrative action relating to the denial of a building permit to construct a fence and a request for a variance hearing. Present were Shane O'Neill and Rick White on behalf of the City of Pasco, and Elizabeth Hernandez. 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 4503 Catalonia Drive. B. The site is a corner lot, occupying the southwest corner of the intersection of Seville Drive and Catalonia Drive. C. The site contains a single family home. D. The site is zoned RS-1 (Suburban). E. Surrounding properties are zoned for residential uses and are developed primarily with single-family homes. F. Section 25.75.050(1)(c) of the Pasco Municipal Code limits the height of fences in front yard areas to 3.5 feet. G. On June 19, 2015 City of Pasco, Planner 1, Shane O'Neill, denied the subject fence building permit (1315-1176). H. Before a variance can be granted the following criteria set out in the code must be answered 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. Findings of Fact, Pg. I Conclusions of Law, and Order on Administrative Action Review CONCLUSIONS OF LAW Pasco contains many corner lots subject to identical fence height/placement restrictions. Strict application of the fence regulations will not deprive the property owner of rights and privileges enjoyed by other similar properties. The granting of a variance will reduce traffic safety by impeding sight visibility at the intersection of Catalonia Drive and Seville Drive this being detrimental to the public welfare. There are no unique or special circumstances applicable to the subject property affecting the applicants' ability to comply with the City's fence regulations. 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 August, 2015. 17 Alan B. Gunter, Hearing Examiner F:/Word/docs/Pasco.Hemandez.Findings Findings of Fact, p 2 Conclusions of Law, and g Order on Administrative Action Review