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HE 2016-001 Decision Harrod Detached Garage PASCO MUNICIPAL WAIVER OF VIOLATION HEARING REQUEST FOR WAIVER OF VIOLATION ) CASE# HE 2016-001 Marvin and Lucy Harrod ) This matter was heard on April 14, 2016, at Pasco City Hall in Pasco, Washington, at the request of Marvin and Lucy Harrod for a waiver of violation for the accessory structure height and setback requirements of land zoned RS-12. Present were Jeff Adams and Rick White on behalf of the City of Pasco and Shea C. Meehan Attorney for the Applicants, Eric Harrod, and Cynthia Mulsord, children of the Applicants, Roberta Koch and Michael Clayton, neighbors, and Kevin Lenkersdorfer witnesses for the Applicants. Paul Kison, a neighbor, testified in opposition to the waiver of violations. The following exhibits were received into evidence: 1. Applicant's exhibit 1. A list of neighbors that support the waiver of violations. 2. Applicant's exhibit 2. A list of houses in nearby neighbors that appear to violate the height ordinance. 3. Applicant's exhibit 3. Photographs of detached garages that appear to violate height restrictions of City. 4. Kison's exhibit 1. Photographs of applicant's detached garage under construction. 5. City's Report to Hearing Examiner Based on the testimony, the records and exhibits submitted at the hearing, the hearing examiner now enters his: FINDINGS OF FACT A. The site is located at 3110 Rd 101, Pasco Washington. B. The Applicant also owns the vacant lot adjacent to 3110 Rd. 101, Pasco, Washington. C. The subject site is 18,707.57 square feet (.43 acres) in area. D. The site has been developed with a single-family dwelling unit since 1982. E. Steel Structures America applied for a building permit on behalf of property owner Marvin Harrod and Lucy Harrod to build a 30' X 40' pole building on the property on December 17, 2015. F. Pasco Municipal Code (PMC) Chapter 25.24.030(1) allows for detached residential garages provided they do not exceed 18 feet in height. G. This detached garage does not exceed 18 feet in height. H. According to PMC 25.70.030(3) a detached garage may not be higher than the house. L This detached garage is 17 feet 8 inches in height. This is slightly higher than the house. Word/docs/Pasco.Waiver of Violation J. According to PMC 25.24.050(4) (b) accessory structures must be set back 10' from side property lines in the RS-12 Zoning District. K. This detached garage is only set back 5 feet. L. Planning staff approved the site plan without the ten foot setback and with the detached garage exceeding the height of the house. M. A building permit was issued and the Applicant acted in good faith. N. Applicant began construction on the structure, including the roof trusses and roofing material. O. After a complaint was received from a neighbor about the height and proximity to the property line, and color of the detached garage the City Planner sent a letter requiring work on the garage cease, pending resolution of the height and setback violations. P. At the hearing a formal request for a waiver of violation was requested by the Applicant. 0. A Waiver of Violation may be issued by the Hearing Examiner according to PMC 2.19.080(A). CONCLUSIONS 1. The Applicant's detached garage violated the City setback and height requirement. 2. Anyone who purchases the vacant lot adjacent to 3110 Rd. 101, Pasco, Washington owned by Applicant will have notice of the position and height of the detached garage. 3. The Applicant started construction in good faith with the intent to comply with provisions of the Pasco Municipal Code. 4. The height and set back violations do not violate the spirit of intent of the zoning ordinance. 5. A waiver of violations will not have a negative impact on the public health, safety, convenience or general welfare of this neighborhood. ORDER A waiver of the setback and height violations of the City of Pasco's zoning ordinances as set forth above are hereby granted to Applicants. Dated this day of April, 2016. Alan B. Gunter—Hearing Examiner Word/docs/Pasco.Waiver of Violation