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IN THE MATTER OF THE APPLICATION <br /> OF MICHAEL AND TERRI BRASHLER VARIANCE#14-002 <br /> FOR APPROVAL OF A VARIANCE <br /> ORESER <br /> On July 16, 2014, the Hearing Examiner of the City of Everett issued a recommendation <br /> to the Everett City Council to approve a variance to Michael and Terri Brashler to allow <br /> vehicular access on a driveway off 3514 Wetmore Avenue, Everett, Washington. The <br /> approval granted relief from the standards of Everett Municipal Code (EMC) <br /> 19.33_G.050.B.1 which requires sites abutting alleys to gain vehicular access from the <br /> alley and that no driveway access from the public street is allowed. In recommending <br /> the variance;the Hearing Examiner considered the criteria of EMC 19.33G.050.B.1. <br /> The recommendation was Made subsequent to a hearing at which testimony was <br /> received and exhibits were submitted. The recommendation was supported by findings <br /> of fact and conclusions of law. <br /> On August 5, 2014, a representative from the City of Everett Planning Department <br /> submitted an email to the Hearing Examiner requesting that the Hearing Examiner <br /> consider the matter as a review of the Core Residential Development and Design <br /> standards, rather than a review of the City street standards. In an August 5, 2014, . <br /> memo from the City's Legal Department it was noted that the variance from the Core <br /> Residential Development standards requires.a decision from the Hearing Examiner, <br /> while the variance from the street standards requires a recommendation. The Legal <br /> - Department requested that the matter be considered as a variance pursuant to the <br /> Everett Zoning Code and that a decision, not a recommendation, be issued. The City's. <br /> request is being considered as a motion for reconsideration to have the matter subject <br /> to review of the criteria of EMC 19.41.130.C(1-6). . <br /> Decision on the City's request: <br /> While the City's motion is within reason, it is contrary to another section of the Everett <br /> Municipal Code, EMC Chapter 13.16 "Driveways". EMC 19.33G.050.B.1 specifically <br /> states that"sites abutting an alley shall be required to gain vehicular access from the <br /> • alley. No driveway access from the public street shall be allowed." <br /> EMC 13.16.110 establishes the criteria and reads: <br /> CITY OF EVERE I i <br /> 2930 Wetmore Ave.; Suite 800 0 Everett,WA 98201-4044 0 (425)257-8772 0 Fax(425)257-8628 <br />