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• <br /> • <br /> 15. As noted, the height of a structure is measured by the average elevation of the <br /> approved topography of a parcel at the midpoint of each of the four sides of the <br /> smallest rectangle which will enclose the proposed structure, excluding all eaves <br /> and decks. The topography of the parcel is the natural topography of a parcel or <br /> the topographic conditions approved by the City prior to January 1, 1988. <br /> (exhibit 1, staff report, page 2; testimony of Ms. Weldon) <br /> 16. There is a mixture of one-story and two-story structures throughout the <br /> neighborhood. Many of the two-story structures have daylight basements <br /> because of the sloping of the property. The variance will allow the subject <br /> property to be developed in a manner that is similar or the same as other <br /> properties in the area. (exhibit 1, staff report, page 4; testimony of Ms. Weldon) <br /> 17. Because of the steep slopes of the subject property, a variance of nine feet is <br /> required. It is the minimum necessary to allow the subject property to be <br /> developed in a manner similar to other properties in the area. (exhibit 1, staff <br /> report, page 4; testimony of Ms. Weldon) <br /> 18. The Everett General Plan designates the subject property as 1.2, Single-Family <br /> Detached. The proposal is consistent with this designation. (exhibit 1, staff <br /> report, page 4; testimony of Ms. Weldon) <br /> 19. The grant of the variance is not the result of a self-created hardship. The <br /> topography conditions of the site are natural and are not the result of the <br /> Applicant. (exhibit 1, staff report, pages 4 and 5; testimony of Ms. We/don) <br /> CONCLUSIONS OF LAW <br /> Jurisdiction <br /> Jurisdiction: The Hearing Examiner of the City of Everett has jurisdictional authority to <br /> hold a hearing and to issue the decision. That authority is set forth in EMC <br /> 15.16.110.A.17. Based on the above Findings of Fact, the Hearing Examiner enters the <br /> following Conclusions: <br /> Criteria and Standards for Review <br /> EMC 19.41.130.0 <br /> (1) The variance will not be materially detrimental to the property in the <br /> area of the subject property or the City as a whole. <br /> (2) The variance is necessary because of exceptional or extraordinary <br /> circumstances regarding the size, shape, topography or location of <br /> the subject property; or the location of a preexisting improvement on <br /> the subject property that conformed to the zoning code in effect <br /> when the improvement was constructed. <br /> 5 <br />