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1425 COLBY AVE 2022-05-13
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1425 COLBY AVE 2022-05-13
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5/13/2022 10:55:59 AM
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5/4/2020 4:05:01 PM
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Address Document
Street Name
COLBY AVE
Street Number
1425
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views to the west from 1424 and 1428 Wetmore Avenue, as well as 1432 Wetmore Avenue. <br /> Other concerns mentioned were the potential for blocking of natural light and concern that <br /> the overheight structure would be incompatible with neighboring structures due to its size. <br /> Exhibit 6. <br /> 7. The Planning Director issued a decision dated September 28, 2017 denying the request to <br /> exceed the maximum 15-foot accessory structure height because the additional four feet of <br /> height proposed for the garage would most likely block partial views of the Olympic <br /> mountains of two neighbors who are located east of the alley on Wetmore Avenue. At <br /> hearing, Planning Staff submitted the position that the Appellant had provided no evidence <br /> that the neighbors' views would not be blocked. Exhibits 1 and 3; Kembra Landry <br /> Testimony. <br /> 8. Mr. Cook(Appellant)timely appealed. In his appeal,he indicated that in the location of the <br /> proposed garage,he had recently taken down a 35-foot Rainier cherry tree in order to. <br /> prepare for construction. He argued that it was removal of the cherry tree that created the <br /> views the City now seeks to protect by denying his request, and he does not feel this fact <br /> was adequately considered in the Director's decision. His appeal letter stated, "To state that <br /> this view is anything more than a recent convenience is disingenuous." Exhibit 2;Jeff Cook <br /> Testimony. <br /> 9. In his appeal,the Appellant submitted responses to the public comment the City received <br /> during the Review II process regarding concerns that the overheight structure would darken <br /> the alley,that it would darken the neighboring house,that an overheight garage would be <br /> out of character with the neighborhood, and that it would negatively impact property values. <br /> He.also noted that at under 1,000 square feet, it would meet the maximum area allowed by <br /> Code, and that his parcel is a triple lot and the garage would not result in excess <br /> impermeable surface. Exhibit 2;Jeff Cook Testimony. However,the Director's decision <br /> was expressly based on view impacts alone. Exhibit 3; Kembra Landry Testimony. <br /> 10. At hearing,the Appellant(who is himself an architect) offered renderings depicting the <br /> approximate location of the former cherry tree in relation to the neighboring residences. He <br /> also offered photos of his site and of the neighbors' views with superimposed circles <br /> attempting to identify the portions of the views that would be blocked. He testified that <br /> even with architectural software and with a surveyor involved, it would be impossible to <br /> show exactly what view would be blocked by the structure, and contended that even a 15- <br /> foot tall garage would impact the views complained of. Exhibit 2,pages 7-8;Jeff Cook <br /> Testimony. <br /> 11. Michael and Angelika Durovchic,who live at 1424 Wetmore Avenue, submitted comments <br /> and photos disputing the Appellant's assertion that they had no view until he cut down the <br /> Rainier cherry tree. They contended that removal of the cherry tree improved their view, <br /> but that while the tree was in place,they had partial views especially in the winter when that <br /> tree dropped its leaves. They stated that they could always see the Olympic mountains and <br /> always had partial views of the water. They also offered their opinion that they would have <br /> preferred to keep and have a view of the cherry tree than to look out at a 20-foot tall <br /> Findings, Conclusions, and Decision <br /> Everett Hearing Examiner <br /> Jeff Cook Appeal,APP-17-007 page 4 of 7 <br />
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