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Published Sunday, Nov. 01, 2009

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Pasco City Council closed hearing set on corn maze

By Dalina Castellanos, Herald staff writer

PASCO -- The Pasco City Council will have a closed-record hearing -- which means council members will take no new testimony -- on a controversial corn maze Monday.

One neighbor, however, thinks the process should start over.

Roger Lenk and about 38 other neighbors told the city last month they didn't want a corn maze in their neighborhood, citing concerns about traffic, noise and light pollution.

On Monday, the city will consider the neighbors' appeal to the city planning commission, which recommended granting the permit for the corn maze off of Road 76.

Lenk argues the city should have another hearing to include those who live up to 1,000 feet away.

In July, the planning commission sent residents within a 300-foot radius of the proposed site notice of a public hearing to take testimony on the permit application.

"(The city) has done (the process) improperly," said Lenk, who according to Google Maps lives more than 500 feet away from the site.

"I didn't get notice on the original hearing."

Lenk cited a city code in which notifications should be sent to property owners 1,000 feet away if the special permit deals with commercial agricultural use.

"We feel we did comply with the public notice requirements," said Rick White, the city community and economic development director, because the application was for commercial use and not specifically commercial agriculture.

Lenk sent a letter to Pasco City Attorney Lee Kerr on the issue earlier this month.

Kerr was unavailable for comment, but White said he "is aware of Mr. Lenk's concern and has advised that we complied with the code."

"There has been adequate notice for the process," White said.

"It's kind of a moot point now," White added, because Halloween was Saturday. "Do we go through the process again?"

Lenk thinks so.

"I'm asking that council follows their ordinance," he said. "If they're going to do it right, they should start from scratch and do it properly."

The city has spent countless hours transcribing the July 16 public hearing, White said. If the process starts from scratch, it would be expensive.

In theory, the $100 fee to appeal covers the cost of the process, White said. "But in this case, the fee is just a drop in the bucket."

"Given the fact that the media has covered it, I really don't know how much more you can do to let people know."

The planning commission granted a special permit to Phil and Marissa Schmitt in September.

Phil Schmitt, the corn grower, told the Herald at the time the appeal was filed that he wouldn't be able to fight it in time to operate the maze this season, but has since said he'll wait out the appeal process and possibly operate the maze next year.

Monday's city council meeting is at 7 p.m. in Pasco City Hall, 525 N. Third Ave.

-- Dalina Castellanos: 509-582-1542; dcastellanos@tricityherald.com

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