Owners of the 360 Wine Cellars and Bed and Breakfast atop Thompson Hill can have no more than 50 guests per day, the Kennewick Board of Adjustment ruled Wednesday.
The decision upholds an earlier planning commission ruling to deny the conditional use permit. It is far less than what Kevin Heinen, the winery owner, had asked in making the appeal.
He hoped to be approved for conducting up to 130 events a year on the hilltop property at 2711 Sherman St., southeast of the Panoramic Heights subdivision.
The board of adjustment voted 4-1 to deny the appeal and to adopt the findings of the planning commission, but to approve the 50-people-per-day exception.
The city council on Dec. 1 approved a change of zoning for three acres of open space to allow low-density residential.
That was a first step in what Heinen hoped would lead to allowing the 360 Cellars to have more weddings and parties on the property.
But Wednesday's appeal on the conditional use permit didn't work out.
Joe Kadinger, board chairman, voted no because he wanted the exception be for up to 25 events per year.
"I am very disappointed. So many people have been waiting. Now no one can get married outdoors in Kennewick," said Danette Brophy, general operations manager at the winery.
"It's a beautiful place. I wish we could move it and keep it in the Tri-Cities," said Connie Gillispie, a board member. She said the neighboring property owners' rights need to be considered.
"I would be very upset if someone came in and set up a wine-tasting facility next to my property," she said.
Board member Jim Bertsch said it looked like Heinen was trying to make the house on the hill with an expansive view a commercial enterprise.
"The way it is zoned and the way the use permit was made ... to be fair to surrounding property owners ..." he said, explaining why he voted to deny the appeal.
Heinen acquired the 360 Cellars by buying out his former partners who had established the business without getting proper approvals from the city.
He had hoped to go back and step through Kennewick's permitting processes to make the commercial enterprise legitimate.
Wednesday's vote leaves Heinen the option of taking the appeal to Benton County Superior Court. He must make that decision within 21 days, said John Ziobro, an attorney representing 360 Cellars.
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