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Community & Economic Development Department Fee: $750 PO Box 293, 525 N 3rd Ave, Pasco, WA 99301 P: [PHONE REDACTED] / F: [PHONE REDACTED] Updated December 2023 CITY OF PASCO HEARING EXAMINER REVIEW APPLICATION PURPOSE: The purpose of PMC Chapter 25.195 is to establish a system of applying land use regulatory controls which will best satisfy the following basic needs: A. To assure procedural due process and appearance of fairness in certain land use regulatory hearings; and B. To provide an efficient and effective land use regulatory system, which integrates the public hearing and decision-making process for certain land use matters by adopting a hearing examiner system as provided by RCW 35.63.130 in accordance with Chapter 2.50 of the PMC. LAND USE DECISION AUTHORITY: The hearing examiner shall receive and examine available information, conduct public hearings, and prepare a record thereof, and enter findings of fact, conclusions and a decision as provided for herein. The hearing examiner shall hear and decide the following land use decisions: A. Variances. Any variance granted shall be subject to conditions that will assure that the adjustment thereby authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zoning which the subject property is situated. The following circumstances are found to apply: 1. Because of special circumstances applicable to the subject property, including size, shape, topography, location of surroundings, the strict application of the zoning ordinance is found to deprive subject property of rights and privileges enjoyed by other properties in the vicinity and under identical zone classification. 2. 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. 3. The special circumstances applicable to the subject property were not created through the action(s) of the applicant or any predecessor in interest. B. Review - Administrative Action. Appeals may be heard by the examiner, where it is alleged by the applicant that there is error in any order, requirement, permit, decision or determination made by the City Planner in the administration or enforcement of Title 25. Where the street or lot layout actually on the ground, or as recorded, are different from the street and lot lines as shown on the zoning map, the examiner, after notice to the owners of the property, and after public hearings, shall interpret the map in such a way as to carry out the intent and purposes of Title 25. In case of any questions as to the location of any boundary line between zoning districts, a request for interpretation of the zoning map may be made to the examiner, and a determination shall be made by the examiner. C. Waiver of Violations. Recognizing the fact that a building may be erected in good faith with every intent to comply with the provisions of Title 25 in respect to the location of the building upon the lot and the size and location of required yards, and that it may later be determined that such building does not comply in every detail with such requirements, although not violating the spirit or intent of the zoning ordinance, the examiner may issue a waiver of violation subject to such conditions as will safeguard the public health, safety, convenience and general welfare. ---PAGE BREAK--- Updated December 2023 D. Extension of Use on Border of District. The examiner may hear and approve the extension of a use or building into a more restricted zone classification immediately adjacent thereto, but not more than thirty (30) feet beyond the dividing line of the two zone classifications, and under such conditions as will safeguard development in the more restricted district. E. Administrative Exceptions. An administrative exception not to exceed one foot of any dimensional standard pertinent to front yard, side yard, rear yard, flanking street, and building line may be granted by administrative action of the examiner without public hearing and without posting or public notices. LAND USE APPLICATION: Applications for permits or approvals within the jurisdiction of the hearing examiner shall be presented to the City Planner. The City Planner shall accept such applications only if applicable filing requirements are met. The City Planner shall be responsible for assigning a date for and assuring due notice of public hearing for each application, which date and notice shall be in accordance with the statute or ordinance governing the application. REPORT OF COMMUNITY DEV. DEPT. FOR LAND USE APPLICATION: For any land use issue coming before the examiner, the Department of Community Development shall coordinate and assemble the reviews of other City Departments, governmental agencies, and other interested parties and shall prepare a report summarizing the factors involved and the department's finding and recommendations. At least seven calendar days prior to the scheduled hearing, the report shall be filed with the examiner and copies thereof shall be mailed to the applicant and made available for public inspection. ---PAGE BREAK--- Community & Economic Development Department Fee: $750 PO Box 293, 525 N 3rd Ave, Pasco, WA 99301 P: [PHONE REDACTED] / F: [PHONE REDACTED] Updated December 2023 CITY OF PASCO HEARING EXAMINER REVIEW APPLICATION Master File # Date Submitted: The undersigned hereby applies for review by the Hearing Examiner. Applicant Info Owner Info (if different than applicant) Name: Name: Address: Address: Phone: Phone: Email: Email: Project address: Project parcel number: Current zoning: Present land use: Give a detailed description of the proposed use that requires a variance: Special circumstances applicable to the property: ---PAGE BREAK--- Updated December 2023 How does the strict interpretation of the zoning ordinance deprive the applicant of rights and privileges enjoyed by other properties in the vicinity under an identical zoning classification? Staff decision which is being appealed: NOTE: Provide a variance report giving a list and mailing address of owners of all property within 300 feet of the applicant’s property, as shown by a local title company OR payment of $50.00 which shall be utilized by the City to obtain a current list of property owners of all properties within 300 feet of the applicant’s property. Fee for Hearing Examiner - $700.00 Radius Notification - $ 50.00 $750.00 Signature of Applicant *Notarized Signature of Property Owner State of Washington ) ss. County of Franklin ) On this of before me the undersigned, a Notary Public in and for the State of Washington, duly commissioned an sworn, personally appeared duly sworn on his/her oath that he/she has prepared and read the foregoing statements and has acknowledged to me that the recitations contained therein are true, and has signed this instrument as his/her free and voluntary act and deed for the purposes therein mentioned. SUBSCRIBED AND SWORN to before me this of Notary Public in and for the State of Washington Residing at My Commission