Laserfiche WebLink
IN THE MATTER OF THE APPLICATION <br /> OF WILLIAM SCRUPPS FOR APPROVAL <br /> OF VARIANCES VARIANCE #13-005 <br /> ORDER AMENDING THE NOVEMBER 22, 2013 <br /> FINDINGS OF FACTS, CONCLUSIONS AND DECISION <br /> INTRODUCTION <br /> On November 22, 2013, the Hearing Examiner of the City of Everett denied variances <br /> that were requested for the development of a project commonly known as the 9th <br /> Avenue West multi-family project in the 10100 block of 9th Avenue West, Everett, <br /> Washington. The denial was based on the Applicant's failure to satisfy all the criteria for <br /> variances pursuant to Everett Municipal Code (EMC) 19.41.130.C. The criteria that <br /> were not satisfied, according to the Hearing Examiner's decision, were: <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 /> (3) The variance will only grant the subject property the same general <br /> rights enjoyed by other property in the same area and zone as the <br /> subject property, and <br /> (4) The variance is the minimum necessary to allow the <br /> subject property the general rights described in <br /> Criteria 3. <br /> On December 8, 2013, the Applicant requested reconsideration of the Examiner's <br /> decision pursuant to the procedural rules of the Everett Hearing Examiner. On <br /> December 9, 2013, the Planning Director of the City of Everett submitted a <br /> memorandum addressing the request for reconsideration. The memorandum was in <br /> support of the Applicant's request for reconsideration. <br /> Upon review of the Applicant's request for reconsideration and the memorandum of the <br /> City, the Hearing Examiner, on December 12, 2013, issued an Order reopening the <br /> hearing on January 2, 2014. Copies of the Order were sent to all parties of record, and <br /> all parties of record were informed they could testify and participate in the <br /> reconsideration hearing. <br /> At the January 2, 2014, hearing the following presented testimony and evidence: <br /> Allan Giffen, City of Everett Planning Department <br />