11625 AIRPORT RD BASE FILE 2020-05-29

pedestrian traffic. (exhibit 1, page 3, staff report; testimony of Ms. Weldon; testimony of Mr. Chavez; testimony of Mr. Hammer) 10. The Comprehensive Plan of the City of Everett (Everett General Plan) has designated the property as 4.4, Mixed Use Commercial- Multi-Family. The variance would be consistent with the Everett General Plan. (exhibit 1, page 3, staff report) 11. The E-1 MUO regulations were adopted in 2012, a significant period of time after the buildings of the fronting property and the subject property were developed. Because the Applicant does not have control over the location of the front property's sign location, and cannot move that sign to satisfy the separation requirement, the City determined that the requested variance is not a self-created hardship. (exhibit 1, page 3, staff report; testimony of Ms. Weldon) CONCLUSIONS OF LAW Jurisdiction Jurisdiction: The Hearing Examiner of the City of Everett has jurisdictional authority to hold a hearing and to issue the decision. That authority is set forth in EMC 15.16.11O.A.17. Based on the above Findings of Fact, the Hearing Examiner enters the following Conclusions: Criteria and Standards for Review EMC 19.41.130.0 (1) The variance will not be materially detrimental to the property in the area of the subject property or the City as a whole. (2) The variance is necessary because of exceptional or extraordinary circumstances regarding the size, shape, topography or location of IF the subject property; or the location of a preexisting improvement on the subject property that conformed to the zoning code in effect when the improvement was constructed. (3) The variance will only grant the subject property the same general rights enjoyed by other property in the same area and zone as the subject property. (4) The variance is the minimum necessary to allow the subject property the general rights described in Criteria 3 above. (5) The granting of the variance is not inconsistent with the goals and policies of the Everett general plan. (6) The need for the requested variance is not the result of a self- created hardship. 4