10111 9TH AVE W EMERALD COURT APARTMENTS 2022-05-10

Dave Tyler, City of Everett Planning Department William Scrupps, Applicant Scrupps Development Corp. 11231 Lake Stevens Road, Lake Stevens, WA 98258 Carl Colson, Architect 23623-20th Avenue West, Bothell, WA 98021 Notice of the reconsideration hearing was given to all parties of record. No other parties of record, other than the City staff, Applicant and Applicant's representative appeared at the hearing, or submitted written materials. At the January 2, 2014, reconsideration hearing, the following exhibits were submitted and admitted as part of the official record: 18. Planning Department Comments, January 2, 2014 19. Power Point presented by Dave Tyler, January 2, 2014 19a Large Copy of"Table of Comparable Properties in the E-1 Zone" 20. "Site Plan with Restrictive Setbacks from R-3 Property" presented by the Applicant, January 2, 2014 21. Hearing Examiner Order dated December 12, 2013 Based on the information and record presented at the January 2, 2014, reconsideration hearing, the following findings of facts are made and are included as the findings of facts of this proceeding. The following findings are based entirely on the record that was developed at the reconsideration hearing. FINDINGS OF FACT 1. The City, in presenting its support of the Applicant's reconsideration request, conducted a study of all properties located in E-1 and E-1/Mixed-Use Overlay (MUO) zones that are located south of State Route 526 in the City of Everett. The City also reviewed all E-1 and E-1/MUO zoned properties that have a common boundary along a side property line that separates these properties from residentially zoned properties. The detailed and specific study of development and uses of other similarly zoned properties had not been completed for presentation at the initial hearing. The study represented new evidence that was not available at the initial hearing. (exhibit 18, Planning Comments; testimony of Mr. Tyler) 2. The City determined that there are 14 different properties south of State Route 526 that have similar location potential uses and zoning as the subject property. At the reconsideration request hearing the City used a power point presentation which identified fourteen properties with similar zoning to that of the subject property. Also included in the power point presentation (exhibit 19)was exhibit i ice/f