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NOTICE OF PLANNING DIRECTOR DECISION II.B <br />No. 22-92 <br />Dear Citizen: <br />INTRODUCTION: The City of Everett Planning Department has <br />received an application from Brian and Cynthia Dale, 3419 Bell <br />Avenue Everett, WA 98201 to expand their residence, which does <br />not meet the current sideyard setback requirement of 5 feet. <br />Under Section 38.050 Dl. of the Everett Zoning Code, the Planning <br />Director may, using Review Process II.B , authorize the expansion <br />of a dwelling which is non -conforming in setback, provided that <br />the expansion does not make the setback more nonconforming. <br />BACKGROUND: The subject property is located in the R-1 Single <br />Family Low Density zone. An existing single family residence <br />occupies the 5,250 square foot lot. The house has recently been <br />certified as a non -conforming structure (meaning it existed prior <br />to the Zoning Code going into effect), because it does not meet <br />the required side yard setback of 5 feet. The lot itself has also <br />recently been certified because i.t does not meet the minimum lot <br />size of 7,000 square feet. The owners wish to add a new addition <br />onto the residence, which would include an attached garage and <br />expanded separate living area. The new addition would meet all <br />other setback and lot coverage requirements with the exception of <br />the side setback. <br />FINDINGS: Section 38.050.D1. allows the expansion of a <br />residential dwelling which is nonconforming in setback, only if <br />the expansion does not increase the nonconformity of the <br />structure. The applicant has demonstrated that the new addition <br />will simply maintain the existing side yard setback of 4'611, <br />while meeting all other Zoning code requirements. <br />CONCLUSIONS: The Planning Director has made a determination to <br />allow the expansion of the dwelling because the applicant has <br />demonstrated that the expansion would not increase the <br />nonconformity of the structure, as required by the Zoning Code. <br />