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building. They would prefer to deal with the impacts of a 15-foot tall structure. Exhibits 10 <br /> and 11; Testimony of Michael Durovchic. <br /> 12. Jeffrey and Jessica Olson, who reside at 1428 Wetmore Avenue, submitted comments also <br /> contending they enjoyed a view prior to the cherry tree removal. They agreed that the <br /> partial view with the cherry tree was preferable to the prospect of a view of a 20-foot tall <br /> structure. They contended that the Appellant's graphics depicting their view with a yellow <br /> oval are actually based on photos taken from a lower elevation(such as the alley)rather <br /> than from their deck,which is the vantage of their actual view. They indicated that their <br /> deck was recently built to allow them to enjoy the light and the view from a higher vantage <br /> point. Exhibits 10 and 12. <br /> CONCLUSIONS <br /> Jurisdiction: <br /> Pursuant to EMC 15.16.090.A.2,the Everett Hearing Examiner has jurisdictional authority to <br /> hear and decide appeals from administrative decisions of the Planning Director. <br /> Criteria and Standards for Review: <br /> Pursuant to EMC 15.24.400,the City's Hearing Examiner shall take appropriate action including <br /> affirming,reversing, or remanding. Pursuant to EMC 15.24.370 Appeals,the burden of proof <br /> belongs to the Appellant. <br /> Applicable Code Provisions <br /> EMC 15.16.070 Applicability. <br /> Review Process II applies to permit applications that involve a greater exercise of administrative <br /> discretion by the director. Except as specified in this section,no public hearing is required for <br /> Review Process II applications. Public notice requirements are specified in Chapter 15.24. <br /> EMC15.16.080 Decisions included. <br /> A. Review Process II applications include'the following administrative decisions: <br /> 42. Accessory buildings which exceed fifteen feet in height as provided by <br /> Section 19.07.020(J); <br /> EMC 19.07.020 Regulations for accessory buildings. <br /> The following requirements apply to all buildings which are accessory to residential uses in all <br /> zones except as otherwise allowed in the historical overlay zones: <br /> J. Accessory buildings shall not exceed fifteen feet in height except as follows: <br /> Findings, Conclusions, and Decision <br /> Everett Hearing Examiner <br /> Jeff Cook Appeal,APP-17-007 page 5 of 7 <br />