Board of Adjustment Meeting

City of Prosser BOARD OF ADJUSTMENT REGULAR MEETING AGENDA Council Chambers, 1002 Dudley Avenue, Prosser WA 99350 Thursday, March 6, 2025 @ 6:00 PM Per Ordinance No. 22-3175, all Board of Adjustment meetings will be held in-person at location listed above. In addition, individuals may attend the meeting virtually. To join the meeting, please click on the following link from your computer, tablet or smartphone: https://global.gotomeeting.com/join/256602349 You can also dial in using your phone. United States: +1 (571) 317-3112 Access Code: 256-602-349 New to GoToMeeting? Get the app now https://global.gotomeeting.com/install/256602349 Page 1. CALL TO ORDER 2. ROLL CALL 3. PUBLIC HEARING a. Sherman Ave. Variance Request 2 Public Hearing Notice 4. BOARD ACTION a. Public Hearing on an Application by Carl and Ann Bender for a four-foot 3 - 72 variance in the front set back in the RL zone for property located at 1608 Sherman Avenue. Variance Move to approve the variance as requested provided the porch is constructed within one year of this approval and subject to the requirements of the Benton County Clean Air Authority. b. Approval of June 1, 2023, Board of Adjustment Meeting Minutes. 73 - 74 06.01.2023 Mtg Mins c. Approval of July 17, 2024, Board of Adjustment Meeting Minutes. 75 - 76 07.17.2024 Mtg Mins d. Approval of November 7, 2024, Board of Adjustment Meeting Minutes. 77 - 79 11.07.2024 Mtg Mins 5. BOARD DISCUSSION 6. ADJOURNMENT Page 1 of 79  NOTICE OF PUBLIC HEARING BOARD OF ADJUSTMENT REGULAR LIEETING THURSDAY, MARCH 6, 2025 at 6:00 PM Notice is hereby given by the undersigned City Clerk for the City ofProsser, Washington that the Prosser Board of Adjustment will conduct a Public Hearing at 6:00 pm, or as soon as possible, at its regular meeting on Thursday, March 6, 2025, at 6:00 pm for the propose of receiving public comments regarding a request for a four-foot variance in the hunt setback in the Residentia Medium Density Zoning District as identi?ed in the Notice of Application l Board of Adjustment meetings are held iii—person in the City Council Chambers located at City Hall, 1002 Dudley Avenue, Presser, Washington. In addition, individualsmay attendthe meeting virtually. To join the meeting, please click on the following link from your computer, tablet or smartphone:Jm szlhneet. otmcom12566023 .You can also dial in using your phone: United States: +l(571)317-3122 Access Code: 256-602-349. New to GoToMeeting? Get the app now -— andbe ready when the meeting starts: ht szllmeet. oto.com/instal All interested persons are encouraged to attend either personally or remotely/virtually. No quali?ed individuals with a disability shall be excluded or denied the bene?t of participation'1n the PublicHearing. The City asks all membersof the publicthatwish to comment on agenda'items, to please contact Deputy Qty Administrator/City Clerk, Rachel Shaw, RShaw wci. rosser.wa.us or by phone at (509) 786-2332,no later than 5.00 p.m., March 6, 2025, day of the hearing.Please state your ?rst and last name, city of residenceandthe agenda itan you wish to comment on. All timely received written comments will be posted to the city’s website, www.cit o rosser.oom , prior to the Public Hearing. Dated: Rachel Shaw, MMC Deputy City Administrator/City Clerk Published:Prosser Record Bulletin on February 12, 2025 Posted on the Property on February 12, 2025 Page 2 of 79  CITY OF PROSSER, WASHINGTON AGENDA BILL Agenda Title: Meeting Date: Public Hearing on an Application by Carl and March 6, 2025 Ann Bender for a four-foot variance in the Board of Adjustment Meeting front set back in the RL zone for property located at 1608 Sherman Avenue. Item Type: Action Department: Director: Contact Person: Phone Number: Planning Rachel Shaw Howard Saxton 509-786-8218 Cost of Proposal: Fund Name and Number: N/A N/A Amount Budgeted: N/A Reviewed by Finance Department: N/A Attachments to Agenda Packet Item: 1. Staff Report with Draft Findings Summary Statement: See attached Staff Report. Consistent with Council Goal: Goal #1: Livability & Quality of Life, Goal #5: Operational Excellence & Communication Recommended Action/Suggested Motion: Move to approve the variance as requested provided the porch is constructed within one year of this approval and subject to the requirements of the Benton County Clean Air Authority. Reviewed by Department Reviewed by City Attorney: Approved by City Director: Administrator: Page 3 of 79 Rachel Shaw Howard Saxton Rachel Shaw Date: Feb 26, 2025 Date: Feb 26, 2025 Date: Feb 26, 2025 Page 4 of 79  STAFF REPORT MEETING ON MARCH 6, 2025 BENDER VARIANCE REQUEST APPLICATION AND NOTICE Applicant Carl and Ann Bender (Applicant) have applied for a four-foot variance in the required 20-foot front setback requirement in the Residential Medium Density Zoning District (RM). The Applicant proposes to construct a covered front porch/patio within 16 feet of City right of way. Date of Application: January 8, 2025. Date Application was determined complete and notice of application provided: January 30, 2025 (when complete) and February 12, 2025 (notice of the application was published and mailed to interested parties. The application and the published Notice of Application is attached. On February 12, 2025, the notice of complete application was: posted on the property; mailed to all property owners within 300 feet from the exterior boundaries of the Bender property; and mailed to local agencies. Affidavits of mailing, and posting are attached. The notice of public hearing was contained in the notice of complete application. The hearing was scheduled for Thursday, March 6, 2025, virtually and in person, at the Prosser City Hall, 1002 Dudley Avenue, Prosser, Washington. Affidavits of publication are attached. The application is for property located at 1608 Sherman Avenue, Prosser, Washington 99350; having Benton County Parcel Number 1-0184-202-0000-015 located North of 10th Street on Sherman Avenue and as shown below: Page 5 of 79  CONSISTENCY WITH COMPREHENSIVE PLAN Consistency with Comprehensive Plan: The property is zoned RM. Provided the 4-foot variance is approved the application is consistent with the Comprehensive Plan and Zoning Regulation of the City of Prosser. REVIEW CRITERIA AND ANALYSIS The development regulations for the RM Zone are as follows: 18.27.010 Purpose. 18.27.020 Permitted uses. 18.27.030 Additional uses. 18.27.040 Development standards. 18.27.990 Severability. Page 6 of 79 18.27.010 Purpose. The purpose of the RM district is to establish areas for medium density, multiple-family residential buildings and to establish regulations for their development. The district has more intensive residential uses where necessary or desirable to achieve good neighborhood design and to stabilize land use. (Ord. 1917 § 1 (part), 1997). 18.27.020 Permitted uses. The following are the only uses permitted in an RM district: A. One single-family dwelling per lot or one duplex per lot; B. Accessory apartments (Section 18.60.140); C. Family day care homes (Section 18.60.190); and D. Accessory uses and structures related to a permitted use. (Ord. 2769 § 2, 2012: Ord. 2214 § 1, 2001: Ord. 1917 § 1 (part), 1997). 18.27.030 Additional uses. The following uses require a permit in accord with Chapter 18.75 or 18.59: A. Public and quasi-public uses only as may be approved under Section 18.75.050; B. Nursing homes, homes for the aged only as may be approved under Section 18.75.050; C. Nursery schools and day care centers only as may be approved by Section 18.60.060 or 18.75.050; D. Home occupations only as may be approved under Section 18.75.060; E. More than two residential units per lot, only as may be approved under Chapter 18.59; and F. Bed and breakfast operations only as may be approved under Sections 18.60.240 and 18.75.050. (Ord. 2769 § 3, 2012: Ord. 1917 § 1 (part), 1997). 18.27.040 Development standards. Development standards for residential, medium density (RM) districts are as follows: A. Lot Area. The minimum lot area is seven thousand five hundred square feet for the first unit plus two thousand five hundred square feet for each additional unit not to exceed two dwelling units per lot unless otherwise approved with clustering pursuant to Chapter 18.59. B. Minimum setbacks: street frontage, twenty feet; sides, five feet on one side, and ten feet on the garage side or if no garage then the driveway side if the same exist; rear, twenty feet. Setbacks may be altered if approved with clustering pursuant to Chapter 18.59. C. Minimum lot width: seventy-five feet unless otherwise approved with clustering pursuant to Chapter 18.59. D. Maximum building height: thirty-five feet. Approval of a conditional use permit is required for any structure higher than thirty-five feet. Page 7 of 79 E. Off-Street Parking. Off-street parking shall be provided in accordance with Chapter 18.63. F. Site Review. Site review, in accord with Section 18.75.040, for duplexes or Chapter 18.59 for more than two units, will be required when more than one living unit per lot is proposed. G. Provisions for Open Spaces and Recreation Areas. Each development of five lots or more must provide for usable common open space or a public park in an amount determined through review pursuant to Chapter 16.04. The city and developer may agree to a cash payment to the city in lieu of the provision for open space; provided, that such payment is sufficient for the city to construct or enhance a park elsewhere in the city. Any agreement between the city and the developer shall comply with RCW 82.02.020 as now codified or as hereafter amended. If the open common space is private, it must be concentrated in a large, homogenous, centrally located parcel designed to provide for active or passive recreation. Private common open space shall not include: 1. Areas reserved for the exclusive use or benefit of individual property owners; and 2. Dedicated vehicular and pedestrian right-of-way, easement or off-street parking areas. There must be adequate provisions for permanent retention and maintenance of such private common open space. H. Design review in accordance with Chapter 18.07. I. Unless otherwise approved with clustering pursuant to Chapter 18.59, the maximum permitted number of lots/dwelling units for any development in the RM zone is determined by dividing the gross area of the parcel in square feet by forty-three thousand five hundred sixty square feet, multiplied by the allowed maximum density of six. The closest or next lowest whole number is the permitted maximum number of lots. If the maximum density limitation would prevent a single-family dwelling unit from being built in the RM zone, on a lot which was legally existing at the time this section was enacted, then maximum density shall not apply to that lot. (Ord. 2769 § 4, 2012: Ord. 2214 § 2, 2001: Ord. 1917 § 1 (part), 1997). 18.27.990 Severability. If any section, subsection, sentence, clause, paragraph, phrase, or word of this chapter should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause, paragraph, phrase or word of this chapter. (Ord. 2769 § 5, 2012). PMC 18.27.040(B) requires a front set back of 20 feet. With the approval of a variance the application is consistent with the above development regulations for the RM Zone. The criteria for approval of a Variance is as follows: 18.75.080 Variances. Variances are heard and decided by the board of adjustment, in accord with Title 19. Variances will be approved only when all of the following are found: Page 8 of 79 A. The variance will not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and zone in which the property, on behalf of which the application was filed, is located; and B. That such variance is necessary because of special circumstances relating to the size, shape, topography, location or surroundings of the subject property, to provide it with use rights and privileges permitted to other properties in the vicinity and in the zone in which the subject property is located; and C. 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 located. (Ord. 1917 § 1 (part), 1997). Physical Characteristics: The property contains a single-family dwelling. The variance will not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and zone in which the property, on behalf of which the application was filed, is located. The Applicant states “Other houses have a deck and side patios on their property.” That other properties in the area also do not meet the required front set back, then this approval prong would be met. That such variance is necessary because of special circumstances relating to the size, shape, topography, location or surroundings of the subject property, to provide it with use rights and privileges permitted to other properties in the vicinity and in the zone in which the subject property is located; The Applicant states: “Also the property sits next to a commercial property (City Yard) & (recycling yard). We also have the river, Benton REA yard, Hall Chevrolet bullpen and a winery.” The Applicant further states: “I would like to ask for a variance of 20 feet do (sic) to the unknown road markings by county maps. Just to cover the placement of covered patio.” If the Board determines that the above-stated special circumstances comply with the ordinance, then this approval prong would be met. 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 located. The Applicant states “Granting a variance will not impact the city or roadway do [sic] to the City will not put sidewalks in or any drainage do to the proximity of the river being a little more than 200 feet away.” The Applicant further states “Other houses have a deck and side patios on their property.” Similar applications for variances have been approved by the Board. A list of front yard setback variance previously approved by the Board is attached. If the Board determines that the nature of the neighborhood together with the fact that other properties in the area have structures in the front setback and that similar variances have been approved by the Board, then this prong is meet. Page 9 of 79 Regarding proximity to the river. The project is exempt from obtaining a Shoreline Development Permits due to the value of the project ($1,800) See below: PMC 16.04.660(B). The following shall not be considered substantial developments for the purpose of this master program and are exempt from obtaining a shoreline substantial development permit (SSDP); provided, that any additional exemptions established by legislative amendment of the statute shall constitute exemptions without amendment to this code. An exemption from an SSDP is not an exemption from compliance with the SMA or the shoreline master program, or from any other regulatory requirements. A use or development exempt from a shoreline substantial development permit may require a conditional use permit or a variance. 1. Governor’s Certification. Any project with a certification from the Governor pursuant to Chapter 80.50 RCW, Energy Facilities—Site Locations. 2. Projects Valued at Six Thousand Four Hundred Sixteen Dollars or Less. Any development of which the total cost or fair market value does not exceed six thousand four hundred and sixteen dollars, if such development does not materially interfere with the normal public use of the water or shorelines of the state. The six thousand four hundred sixteen dollars level is subject to adjustment for inflation by the office of financial management every five years. Comments: Benton Clean Air Agency submitted a comment letter dated February 18, 2025, which is attached. The applicant must contact that agency to complete the requested Proof of Contact Soil Destabilization Notification. Basin Disposal, the City’s solid waste provider, submitted a comment letter stating that it does not have an objection to the variance. The letter is attached. CITY RECOMMENDATION City Administration recommends approval of the variance as requested, provided the porch is constructed within one year of the Board Approval and subject to the requirements outlined in Benton Clean Air Agency Letter. Draft findings are attached. Page 10 of 79 Page 11 of 79 Page 12 of 79 Page 13 of 79 Page 14 of 79 Page 15 of 79 Page 16 of 79 Page 17 of 79 Page 18 of 79 Page 19 of 79  PO Box 1639 CITY OF PROSS ER 1002 Dudley Ave. Prosser, WA 99350 "ii)Mltht9tou (509)786-2332 Fax (509)786-3717 www.cityofprosser.com January 16, 2025 (via mail and email to nightrider_1967@msn.com) Carl and Ann Bender 1608 Sherman A venue Prosser, Washington 99350 RE: City of Prosser Land Use Application filed on January 8, 2025 Dear Mr. and Mrs. Bender: Pursuant to my conversation with Mr. Bender today, the City of Prosser finds your Variance Application incomplete for the following reasons: 1. You have failed to identify the variance from the Prosser Municipal Code that you are requesting (we need the number of feet of any setbacks from which you are requesting a variance). 2. You need to complete the supplemental to the land use application that is enclosed. You have provided some information on the supplemental, but you do not identify the variance requested or provide answers to the questions highlighted in yellow. Please be advised that in the event you do not provide the additional information requested above within 90 days from the date of this letter, then your application for a variance will lapse and be of no further effect. Siiee~ ----/- Howard M. Saxton III City Attorney Enclosure Cc: Nick Alsbury w/o enclosure Cc Rachel Shaw w/o enclosure Page 20 of 79  LUA-S2 VARIANCE REQUEST CITY OF PROSSER, WASHINGTON Supplemental to Land Use application LUA-1 Applicant Name: CA,.__L 'E: ·B tiAidGRDate 12, - )Ct- :J.,O,VI ProjectN ame -fu»Jt: :R-1-;v C!acJcl. Project Location I bD '8 SJ.1£/LJLI\..AIJ 0,t ......"0_, ;......,~.......P.------3____ Description of variance :_[......·:µ"-"-fi\.,._.·}.......I<-:J----C $?....... .X. . . .2. . . . .£./..___'i.__.8-: __ J'ti 5<f> lee::+ INSTRUCTICJNS A variance may be approved when all of the following are found and explained in PMC 18.75.080 (see reverse). Please write your responses to the following conditions on a separate piece of paper and include with the application. Be as clear and accurate as possible to avoid misinterpretation of your request. A. Special privilege is not being granted, and why. J B. The variance is necessary because of special circumstances, and why. C. The granting of the variance will not be materially detrimental to the public welfare, and why. 3. State Environmenta l Policy Act (SEPA) checklist is required if there is a change in density. PMC 18.75.80 12-29-07 Page 21 of 79  LUA-1 LAND USE ZONING & PERMI T APPLICATION CITY OF PROSSER, WASHINGTON RECEI\IED APPLICANT' S NAME._B_ r;_u~J. ..... __-..c. .N....1;;-___ _ _ _~ + - R - ~ G_f?.:--=----c.....". . . .e---L;:a;.____,;;;it__,,.:__u_G JA~ 6 8 z62J r "\ ~ I PROJECT NAME _+...__e..."'""QN,.___.....,-.;..._,.._.......a,; ...-:"'-. fl I/ CITY OF PROSSER +-':A,::a..,ti..-ii....,C""'-?_....,jJJ-£ i:..111k-= ---."------- ---------.-- - PARCEL INFORMATIO N (Include all parcel(s) infonnation. Attach additional sheets, if necessary.) Project Address: 1bQ$ S\Je e-<«1A~ Ave,. ~:5'.P.l l LJ-A (Leave blank if not assigned) I Q \ S '::\ 2,Q) ,2,QQOOC> l 5 Parcel Number (Property Tax Account Number): Legal Description: u~) Jl)uo1ee rd b\oC! ~ . L0r+ 15: PROPERTY OWNER INFORMATION Name: CAs:.k _ £ ~EtJdi;Gc.. Address: 160'$ ,S/4-e:e,..IYlA~ AJ&City: J?u),,-,.eL State: f6 )A Zip: C/q 350 Phone: _ _ _ _ _ _ _ _ _ _CellPhone: 5c:;R- 3CJl-/(•,5 '7- 5o9-tlJ7-086 OWNERS AUTHORIZE D AGENT:_f?.:;;·,. . . . . . ; : E : . . . . a . , l . . . . ; . ~ - - - - - - - - - - - - - - - - - - Address.;_:_ _ _ _ _ _ _ _ _City.;_:_ _ ____,;,_ _ _ _State:_ _ _Zip.;_:_ _ _ __ Phone: _ _ _ _ _ _ _ _ _ _ _ _ _ _Cell Phone_:_ _ _ _ _ _ _ _ _ _ __ Email :...----------- -----i'"""" em=a=il:. .-=-w==il ~In=o~tbe~use==-dfi=o=--=rtr=a=ns=m=itta=l;...:;.o.=...:fo=ffi=c=ia~Ifi=m=di=ngs~) PROJECT INFORMATIO N □ Site Review □ Conditional Use (requires Conditional Use form LUA-S1) □ Annexation ■ Variance (requires Variance request form LUA-S2) □ Change of Zone □ Similar Use □ Accessory Dwelling Unit □ Encroachmen t □ Overlay Zone □ Adult Family Home □ Right-of-Way Use Permit □ Continuation and/or Minor Alteration ofNon-Confon ning Use □ Other □ SEPA PROJECT DESCRIPTIO N ___ C_6...,.,0~e-......-.e....... €.~ci~--~--Q;.;;.,,+. . .;__Q_,___ _ _ _ _ _ _ _ _ _ _ __ City of Prosser 601 7 th Street Prosser WA 99350 PMC-18 (509) 786-2332 Revised 1/11/2019 Page 22 of 79  PO Box 1639 CITY OF PROSSER 1002 Dudley Ave. Prosser, WA 99350 (509)786-2332 ?(/a4'kin9,to~ Fax (509)786-3717 www.cityofprosser.com January 30, 2025 (via mail and email to nightrider_1967@msn.com) Carl and Ann Bender 1608 Sherman Avenue Prosser, Washington 99350 RE: City of Prosser Land Use Application filed on January 8, 2025 Dear Mr. and Mrs. Bender: The City is in receipt of the additional documents filed by you in this matter. The City has determined that your application is now complete. We have tentatively scheduled a Public Hearing on your application for March 6, 2025, at 6:00 p.m. at City Hall located at 1002 Dudley Avenue, Prosser, Washington. If you are unavailable at this time, please let us know and we can reschedule the hearing. Howard M. Saxton III City Attorney Cc: Nick Alsbury Cc Rachel Shaw Page 23 of 79 Page 24 of 79 Page 25 of 79 Page 26 of 79 Page 27 of 79 Page 28 of 79 Page 29 of 79 Page 30 of 79 Page 31 of 79 Page 32 of 79 Page 33 of 79 Page 34 of 79 Page 35 of 79 Page 36 of 79 Page 37 of 79 Page 38 of 79 Page 39 of 79 Page 40 of 79 Page 41 of 79 Page 42 of 79 Page 43 of 79 Page 44 of 79 Page 45 of 79 Page 46 of 79 Page 47 of 79 Page 48 of 79 Page 49 of 79 Page 50 of 79 Page 51 of 79 Page 52 of 79 Page 53 of 79 Page 54 of 79 Page 55 of 79 Page 56 of 79 Page 57 of 79 Page 58 of 79 Page 59 of 79 Page 60 of 79 Page 61 of 79 Page 62 of 79  Previously Granted Front Yard Setback Variances Variance Address Zone Granted (feet) Year Painted Hills R-2 10 1994 1308 State Route 22 RL 5 2008 1531 Paterson Road RL 6 1998 Painted Hills R-2 13 1995 1101 Court Street RM 12 1998 1431 Grant Avenue RM 11 2007 1820 Benson Avenue RL 10 2011 1122 Court Street RM 15 2018 815 and 819 Ellen RM 10 2023 1100 Concord Way RL 10 2010 605 Lincoln Ct R-1 7 1994 1001 5th Street RL 15 2013 607 Guernsey R-2 22 1993 1928 Elwood Avenue RL 20 2004 1112 Concord Way R-2 10 1992 Page 63 of 79 Page 64 of 79 Rebecca Francik 2021 N Commercial Ave Pasco, WA 99301 February 21, 2025 To the City of Prosser, Basin Disposal has no issue with the requested 4’ variance in the twenty foot front set back at 1608 Sherman Avenue, Prosser, Washington 33350, Parcel Numbers 1-0184-202-0000-015. Respectfully yours, Rebecca Francik Government Relations Page 65 of 79  BEFORE THE BOARD OF ADJUSTMENT OF THE CITY OF PROSSER, WASHINGTON IN THE MATTER OF THE APPLICATION OF ) ) CARL BENDER AND ANN BENDER, ) FINDINGS/CONCLUSIONS ) FOR A 4-FOOT VARIANCE IN THE FRONT ) YARD SET BACK, IN THE RESIDENTIAL MEDIUM DENSITY ) ZONING DISTRICT (RM). ) _________________________________________ ) Before the Board of Adjustment of the City of Prosser, Washington, in the matter of the application of Carl Bender and Ann Bender (hereafter Proponent) requesting a four-foot variance in the required twenty-foot front set back in the Residential Medium Density Zoning District Prosser Municipal Code (PMC) Section 18.27.040 (hereafter Variance). FINDINGS I. DETERMINATION OF COMPLETE APPLICATION The Proponent submitted an application for a variance on January 8, 2025. The application was determined to be incomplete on January 16, 2025. The Applicant submitted additional documentation on January 24, 2025, and the Application was determined to be complete on January 30, 2025, by Administration. See attached letters and Notice of Complete Application. II. PRELIMINARY DETERMINATION OF CONSISTENCY BOARD OF ADJUSTMENT GROOM VARIANCE FINDINGS PAGE 1 OF 7 Page 66 of 79  The City of Prosser has determined that the application is consistent with the Comprehensive Plan and other planning and zoning requirements upon the approval of the Variance. III. NOTICES The notice of the application and notice of the public hearing were published by a combined notice on February 12, 2025, in the Prosser Record Bulletin. Notice of the hearing and application were provided in accordance with the Prosser Municipal Code (PMC) by publishing it in the City’s official newspaper and by mailing it to all property owners, according to the records of the Benton County Assessor, within 300 feet of the boundaries of the property. Notice was also mailed to agencies with jurisdiction. IV. ADDITIONAL FINDINGS 1. Proponent’s property is located at 1608 Sherman Avenue, Prosser, Washington 99350. 2. Proponent’s property is identified by Benton County as having parcel number 1-0184-202- 0000-015 and is legally described as follows (Property): Lot 15, unnumbered block lying north-westerly of Block 20, First Subdivision of Prosser, according to plat thereof recorded in Volume 1 of Plats, page 11, and that portion of Block 212, Town of Prosser, according to plat thereof recorded in Volume 1 of Plats, page 1, described as follows: Beginning at the most easterly corner of Lot 15, said unnumbered block; thence northwesterly 140 feet along the northeasterly line of said Lot 15 and said line extended to an intersection with the southeasterly line of the alley in said unnumbered block extended southwesterly; thence southwesterly 50 feet along said extended alley line; thence southeasterly along the northwesterly extension of the southwesterly line of said Lot 15 and said southwesterly line a distance of 140 feet, more or less, to the most southerly corner BOARD OF ADJUSTMENT GROOM VARIANCE FINDINGS PAGE 2 OF 7 Page 67 of 79  of said Lot 15; thence northeasterly 50 feet, more or less, to the point of beginning, being Benton County Tax No. 1-0184-202-0000-015. 3. According to the Benton County Assessor’s records, the legal owner of the Property is the Proponent. 4. The Property is accessed by Sherman Avenue. The variance would allow the construction of a covered front porch accessed from Sherman Avenue. 5. Proponent plans on constructing a eight foot by twenty-four foot by eight foot covered front porch. 6. The Property is a legal lot of record in the City of Prosser and is approximately 0.16 acres. 7. The Property is currently zoned Residential Medium Density District (RM) and the minimum front-yard setback is 20 feet. 8. 18.66.040 provides that in any R district, a detached single-family dwelling may be erected on any lot of official record. 9. The City has approved similar variances in accordance with the attached Exhibit “A.”. 10. Capital facilities including roads, public water, irrigation, and public sewer, are available to serve the Proponent’s property. 11. The right of way for Sherman Avenue is largely unimproved. 12. The width of the unimproved right of way is a special circumstance not present in most residential lots. 13. The Applicant states “Other houses have a deck and side patios on their property.” 14. There was no testimony to contradict the Applicant, therefore, the variance will not constitute a grant of special privilege inconsistent with the limitation upon uses of other BOARD OF ADJUSTMENT GROOM VARIANCE FINDINGS PAGE 3 OF 7 Page 68 of 79 properties in the vicinity and zone in which the property, on behalf of which the application was filed, is located. 15. The Applicant states: “Also the property sits next to a commercial property (City Yard) & (recycling yard). We also have the river, Benton REA yard, Hall Chevrolet bullpen and a winery.” The Applicant further states: “I would like to ask for a variance of 20 feet (later altered to 4 feet)_do (sic) to the unknown road markings by county maps.” 16. Not testimony contradicted the Applicant, therefore, such variance is necessary because of special circumstances relating to the size, shape, topography, location or surroundings of the subject property, to provide it with use rights and privileges permitted to other properties in the vicinity and in the zone in which the subject property is located. 17. The Applicant states “Granting a variance will not impact the city or roadway do [sic] to the City will not put sidewalks in or any drainage do to the proximity of the river being a little more than 200 feet away.” The Applicant further states “Other houses have a deck and side patios on their property.” Similar applications for variances have been approved by the Board. A list of front yard setback variance previously approved by the Board is attached. 18. No testimony contradicted the Applicant or stated that other similar variances had been granted by the Board, therefore, 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 located. 19. The property is identified as Residential in the City’s Comprehensive Plan. 20. Property values of adjacent structures will not be affected by the granting of the variance. BOARD OF ADJUSTMENT GROOM VARIANCE FINDINGS PAGE 4 OF 7 Page 69 of 79 21. The value of the improvements is $1,800. 22. Benton Clean Air Agency submitted a comment letter dated February 18, 2025, which stated that the applicant contact that agency to complete the requested Proof of Contact Soil Destabilization Notification. CONCLUSIONS: 1. The variance would not be detrimental to the public welfare or to surrounding properties, if granted, because it would not decrease the property values of surrounding properties in the RM zone because other properties in the zone do not meet the required front setback. 2. The granting of a variance to the Proponent would not be a grant of a special privilege because the nature of the neighborhood together with the fact that other properties in the area have structures in the front setback and that similar variances have been approved by the Board. 3. The granting of the variance is not detrimental to the public welfare or injurious to the property and improvements in the vicinity in the RM zone, because there are no adverse effects on the value of neighboring properties and the fact that similar variances have been granted by the Board. 4. The property is identified as Residential in the City’s Comprehensive Plan. 5. All notices required by the Prosser Municipal Code have been provided. 6. This application is categorically exempt from review under the State Environmental Policy Act (WAC 197-11-800(e)) as codified in Prosser Municipal Code Chapter 16.08. 7. The application is exempt from obtaining a substantial development permit in accordance BOARD OF ADJUSTMENT GROOM VARIANCE FINDINGS PAGE 5 OF 7 Page 70 of 79  with the City’s Shoreline Management Program. 8. The Applicant shall comply with the Comment Letter submitted by Benton Clean Air Agency. V. PUBLIC PARTICIPATION The following persons testified before the Board: the Proponent and ___________________________. Written materials were submitted by: the City of Prosser, and the Proponent. VI. DETERMINATION BY THE BOARD OF ADJUSTMENT The Board of Adjustment approves the variance conditioned upon the applicant’s compliance with the Comment Letter submitted by Benton Clean Air Agency and that the front porch be fully constructed within one year from the date of this approval. THE BOARD OF ADJUSTMENT SO FINDS. ADOPTED BY THE BOARD OF ADJUSTMENT on this 6th day of March, 2025. ______________________________________ DAN BALDWIN CHAIR OF THE BOARD OF ADJUSTMENT Attested to by: ____________________________________________ HOWARD M. SAXTON, III, SECRETARY OF THE BOARD OF ADJUSTMENT Date of Notice of Decision to affected parties: ______________, 2025. BOARD OF ADJUSTMENT GROOM VARIANCE FINDINGS PAGE 6 OF 7 Page 71 of 79  NOTICE OF APPEAL AN APPEAL OF THE HEARING BODY’S DECISION MUST BE FILED WITH IN FOURTEEN CALENDAR DAYS FOLLOWING ISSUANCE OF THE HEARING BODY’S WRITTEN DECISION IN ACCORDANCE WITH PMC 19.06.040. APPEALS MAY BE DELIVERED TO CITY HALL, 1002 DUDLEY AVENUE, PROSSER, WASHINGTON BY MAIL (POST OFFICE BOX 1639 PROSSER, WASHINGTON 99350), PERSONAL DELIVERY OR FAX (509-786- 3717)BEFORE FIVE P.M. ON THE LAST BUSINESS DAY OF THE APPEAL PERIOD. BOARD OF ADJUSTMENT GROOM VARIANCE FINDINGS PAGE 7 OF 7 Page 72 of 79  CITY OF PROSSER BOARD OF ADJUSTMENT MEETING THURSDAY JUNE 1, 2023 COUNCIL CHAMBERS, CITY HALL PROSSER, WASHINGTON AND VIRTUALLY ON GO TO MEETING CALL TO ORDER: The Board of Adjustrnent meeting for June 1, 2023, was called to order by Chair Dan Baldwin at 6:00 pm. ROLL CALL: Members present were Bill Riley, Dan Baldwin, Kathy Aubry, Dave Weiser, and Dennis Carson. City Staff present were Community Development Director, Steve Zetz, and City Attorney/ Secretary Howard Saxton. MINUTES: Upon motion duly made by Kathy Aubry and seconded by Dennis Carson, the minutes for the September 1, 2022, and August 28, 2022, were both approved by the Board, as drafted. PUBLIC HEARING 815 and The Chair opened a public hearing on the application of 819 ELLEN AVENUE FOR A Delores Janshen (Proponent) for a ten-foot setback TEN-FOOT VARIANCE IN variance from the required 20-foot front yard setback in THE RE UIRED FRONT the Residential Medium Density Zoning District (RM). YARD SET BACK IN THE The Chair opened the public hearing, and Steve Zetz RESIDENTIAL MEDIUM read the con?ict rules for quasi-judicial hearings to the DENSITY ZONING Board. No Board member identi?ed a con?ict, and DISTRICTTO CONSTRUCT A there was no public present. PORCH: Steve Zetz testi?ed as follows: the Proponent has already constructed porches on each of the structures on Proponent’s property; those porches encroach 10 feet into the required 20-foot front-yard setback; Ellen avenue, as constructed, is 30 feet in width, but the right- of—wayis 50-feet in width; as constructed the porches are twenty-feet from the constructed edge of Ellen Avenue; Proponent’ property line is ten feet from each of the porches; the construction of the porches are consistent with the City’s design standards for single- family residences; and the vacation of a portion of Ellen Avenue is not likely given that City requires developers to dedicate not less than 50-feet of right-of—way for streets for new developments. There was no other testimony. The Proponent and the City each provided written testimony. The Chair then closed the public hearing, and the Board deliberated. Page 73 of 79  Kathy Aubry moved and Bill Riley seconded that the application for the variance be approved as requested provided the porches be fully constructed and permitted within one year from such approval. Steve Zetz read the draft ?ndings into the record. Dave Weiser moved and Kathy Aubry seconded that the ?nding be approved as read. All approved. ADJOURNMENT: There being no further business to come before the Board, the meeting was adjourned at 6:21pm. Respectfully submitted: DAN BALDWIN, Chair HOWARD SAXTON, Secretary S :\BD\BD-MIN6-1-23.docx Page 74 of 79  CITY OF PROSSER BOARD OF ADJUSTMENT SPECIAL MEETING WEDNESDAY JULY 17, 2024 COUNCIL CHAMBERS, CITY HALL PROSSER, WASHINGTON AND VIRTUALLY ON GO TO MEETING CALL TO ORDER: The Board of Adjustment special meeting for July 17, 2024, was called to order by Chair Dan Baldwin at 6:00 pm. ROLL CALL: City Staff present was Community Development Director, Steve Zetz. City Attorney/ Secretary Howard Saxton was absent. Kathy Aubrey moved and Jackie Kimble seconded that Steve Zetz be elected Secretary for the meeting. All approved. Motion Carried. Steve Zetz called roll for the meeting. Members present were Dan Baldwin, Kathy Aubry, and Jackie Kimble. Dave Weiser was absent. Steve Zetz introducednew Board Member Jackie Kimble. Board position one is currently vacant MINUTES: No minutes were presented for approval. PUBLIC HEARING: The Chair opened a public hearing on the application of VARIANCE RE UEST FOR Steve VanBoven and Heidi VanBoven for a four-foot FENCE HEIGHT ABUTTING A variance to increase the height of a fence to 10 feet. COMMERCIAL ZONE: Steve Zetz read the con?ict rules for quasi-judicial hearings to the Board. No Board member identi?ed a con?ict, and there was no public present. Steve Zetz testi?ed as follows: he provided an additional map not included in the packet; under the Prosser Municipal Code, fences cannot be more than 6- feet in height if a rear or side yard and not more than 4 feet in a ?ont yard. The Applicant’s property is zoned commercial but contains a single-family home; therefore the Applicant’s property is a legal- nonconforming use; the Applicant is renovating the residential property; there is a commercial dumpster in View of the house which can be seen over the existing 6-foot fence; the car dealership and commercial use is not compatible with the residential use so the approval of the variance should not set a precedent; the Applicant will have to comply with all site-distance- requirements when they apply for a traf?c permit to construct Page 75 of 79  the fence; and he showed pictures of the fence (trellis) the Applicant proposes to construct. The Chair then closed the public hearing, and the Board deliberated. Kathy Aubry moved and Jackie Kimble seconded that the Board approves the 4-foot variance allowing a 10- foot site screening fence/trellis on the South and West Property lines and requiring that all traf?c/site-distance requirement are met. All approved. Motion carried. Kathy Aubrey moved and Jackie Kimble seconded that staff be authorized to prepare ?ndings consistent with tonight’s decision and authorize the Chair to sign the ?ndings. All approved. Motion carried. ADJOURNMENT: There being no further business to come before the Board, the meeting was adjourned at 6:19 pm. Respectfully submitted: DAN BALDWIN, Chair HOWARD SAXTON, Secretary S:\BD\BD 7-17-24 Minutes.docx Page 76 of 79  CITY OF PROSSER BOARD OF ADJUSTMENT MEETING THURSDAY NOVEMBER 7, 2024 COUNCIL CHAMBERS, CITY HALL PROSSER, WASHINGTON AND VIRTUALLY ON GO TO MEETING CALL TO ORDER: The Chair, Dan Baldwin, was absent. Jackie Kimble moved and Dennis Carson seconded that Kathy Aubrey be appointed Vice-Chair. All approved, motion carried. The Board of Adjustment regular meeting for November 7, 2024, was called to order by Vice-Chair Kathy Aubrey at 6:00 p.m. ROLL CALL: City Staff present were Community Development Director, Steve Zetz, and City Attorney/Secretary, Howard Saxton. Members present were, Kathy Aubrey, Jackie Kimble, and Dennis Carson. Dan Baldwin was absent and one position on the Board is open. MINUTES: Dennis Carson moved and Jakie Kimble moved that the minutes of the Board Meeting on July 17, 2024, be approved as drafted. All approved, motion carried. PUBLIC HEARING: FOR A The Vice Chair opened a public hearing on the CONDITIONAL USE PERMIT application of the Proser School District (PSD) for a FOR AN ELECTROINC SIGN conditional use permit to install an electronic message IN AN R ZONE AT 2008 board sign within 500 feet of a property with a MILLER AVENUE (PROSER Residential designation. Steve Zetz read the conflict SCHOOL DISTRICT. rules for quasi-judicial hearings to the Board. No Board member identified a conflict, and the public present did not identify a conflict. Steve Zetz testified as follows: the Prosser Sign Code requires a person desiring to place an electronic message board sign adjacent to or within 500 feet of an R Zone to obtain a conditional use pemit. PSD plans on moving its sign at the old High School to Miller Avenue adjacent to the Heights Elementary School (HES); the SEPA from the remodel of the HES address the environmental impacts from the sign. That SEPA determination is adopted by the City as the determination for this application. 1 Page 77 of 79  Kim Casey, the Superintendent for the PSD, testified as follows: the proposed sign is a co-sponsored sign with Pepsi who is paying to relocate the sign; the sign is an older flatter and dimmer type of sign; the sign will be used to provide notice to students and families about school events, PSD is open to time restrictions for the sign or dimming the sign at night. Perla Veliz testified as follows: she lives across the street from the proposed sign, she is concerned because the sign will light up a bedroom at her house. The Vice-Chair closed the public hearing and the Board deliberated. Dennis Carson moved and Jackie Kimble seconded that a conditional use permit to construct an electronic message board sign within 500 feet of an "R" zoning district on the HES property is approved provided that it is not located within 16 feet from the nearest electrical conductor and relocation of the sign is completed within 1 year from the date of this approval and provided that the sign is powered off each day between the hours of 9:00 p.m. and 7:00 a.m. the next morning. All approved, motion carried. PUBLIC HEARING FOR A The Vice Chair opened a public hearing on an FIVE-FOOT SIDE YARD application for a five-foot variance from the (GARAGE SIDE) VARIANCE requirement of a ten-foot side yard setback (North AT 1026 GUM STREET TO Property Line) for construction of a garage in the CONSTRUCT A GARAGE. Residential Low Density Zoning District (RL) at 1026 Gum Street, Prosser, Washington. The applicant is Mariel Macias Hermosillo. Steve Zetz asked the Board whether he needed to read the conflict statement again, and the Board said no. No Board member identified a conflict, and the public present did not identify a conflict. Steve Zetz testified as follows: the Prosser Municipal Code requires a side-yard setback of ten feet on the garage-side of a residence in the RL zone. The purpose of the setback it to allow space for the storage of RVs, boats and other such things that are not allowed to be stored in the front setback. the variance is for the east- side property line; having a garage added will make the 2 Page 78 of 79  house on the property compliant with the city's design standards. The applicant testified as follows: she needs more room to store property. The Vice Chair closed the public hearing and the Board deliberated. Jackie Kimble moved and Dennis Carson seconded that the variance be approved conditioned upon the applicant completing construction of the garage within 24 months of the date of this approval. All approved, motion carried. ADJOURNMENT: There being no further business to come before the Board, the meeting was adjourned at 6:53 p.m. Respectfully submitted: DAN BALDWIN, Chair HOWARD SAXTON, Secretary S:\BD\BD-MIN 11-7-24.docx 3 Page 79 of 79