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34. The proposed roof design, according to the Applicant, is consistent with other <br /> designs and provides a visual variety on this BMU corridor (Broadway Street). <br /> (exhibit 5, design modification narrative, pages 1 and 2) <br /> 35. The City submitted that a pitched roof would create "significant and <br /> undifferentiated massing of uninhabited space" and would increase the <br /> perception of bulk and scale of the roof and make it less disproportionate and out <br /> of character with the building architecture in the area than a roof required by the <br /> building design standards. (exhibit 1, staff report, page 4; testimony of Mr. <br /> Ingalsbe) <br /> CONCLUSIONS OF LAW <br /> Jurisdiction <br /> Jurisdiction: The Hearing Examiner of the City of Everett has jurisdictional authority to <br /> hold a hearing and to issue the decision. That authority is set forth in EMC <br /> 15.16.110.A.17. Based on the above Findings of Fact, the Hearing Examiner enters the <br /> following Conclusions: <br /> Criteria and Standards for Review <br /> Variance - EMC 19.41.130.0 <br /> (1) The variance will not be materially detrimental to the property in the area of <br /> 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 the <br /> subject property; or the location of a preexisting improvement on the subject <br /> property that conformed to the zoning code in effect when the improvement <br /> was constructed. <br /> (3) The variance will only grant the subject property the same general rights <br /> enjoyed by other property in the same area and zone as the subject <br /> property. <br /> (4) The variance is the minimum necessary to allow the subject property the <br /> general rights described in Criteria 3 above. <br /> (5) The granting of the variance is not inconsistent with the goals and policies <br /> of the Everett General Plan. <br /> (6) The need for the requested variance is not the result of a self-created <br /> hardship. <br /> Variance criteria for Title 13 — (Streets and Sidewalks) - EMC 13.16.050(F) <br /> • No permit for a driveway approach shall be granted where reasonable <br /> egress and ingress, for the purpose for which the property is used, can be <br /> secured from the alley. <br /> t7-/a/ <br />