City of Gig Harbor v. North Pacific Design, Inc.

¶1 The city of Gig Harbor (City) appeals the City hearing examiner’s (Hearing Examiner) decision to approve North Pacific Design, Inc.’s application for a con*162ditional use permit (CUP) allowing a density of 11.75 units per acre for a proposed residential development. The City argues that North Pacific cannot use a Planned Residential Development (PRD) to build at this density because it conflicts with the requirements of the underlying Residential Business-2 (RB-2) zone. The City also asks us to affirm the Hearing Examiner’s decision that North Pacific cannot count perimeter setback areas…