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� I �,I� a �- <br /> I(�I R i:ke r�nuf 5�- <br /> OOARD OF AD.7USTMENI' <br /> FINDINGS, CONCLUSIONS 11ND ORDER <br /> VARIANC6 NO. 4-90 <br /> OaFed upon the written request for a variance from the City's <br /> zoninq code by: <br /> Cornelis D. Vanden Cndn <br /> 2119 ?Dth P1. W <br /> Edmonds, WA 98020 <br /> hereinafter referred to as "Applicant,° for o varinnce from <br /> Sec. 74.oGo.A. of the zoning code, to allow construction of a <br /> six-unit apartment that will provide a port.ion of the required <br /> parkinq on iiqht of way leased from [he Cit.y of Everett adja- <br /> cent to the lot instead of nn the same lot as required by code. <br /> �n the property commonly knovn as: 1617 Chestnut (Lots 9, 10, <br /> and 11, Olock J25 of Younq's U.P. ) <br /> The t3oard of Adjustment, Collowinq a public hearing on caid <br /> application held on June 11 , 1990, and further havinq reviewed <br /> ail testimony, makes the following f'inAinqs, Conclusicns and <br /> Order: <br /> PIHQING�AHD c9HSLUSI4NS: <br /> Critetion N4�1� <br /> That the van ance is necessary because of exceptional or ex- <br /> traordinary circumstances regarding the size, shape, <br /> topoqraphy, or locntion ot the subject property; or the loca- <br /> tion of a pre-existinq improvement on the subject property that <br /> conformed to the zoning rode in effect when the impl-ovement was <br /> constructed. <br /> a. F1RdiIlgH;. 1'he applicant is proposinq to cunstruct a six <br /> unit apartment on a 9,000 squere foot site. The rear 75 <br /> feet of the lot dropc into a qully that has had some un- <br /> controlled fill placed in the past. The applicant is <br /> proposinq tu finish the fill; however, that area will not <br /> be suitable for buildinqs or parkinq because of the nature <br /> of the fill that hns been placed in the past. Therefoce, <br /> thc applicant is proposinq to lease n portion of the un- <br /> used adjacent city riqht of way to provide enough room for <br /> the required nine parkinq spaces. <br /> This project underwent Environmental fieview and a Deter- <br /> mination of Nonsiqnificance (DNS) was issued July 28, <br /> 1987. At that time, the F�ublic Works Department approved <br /> [he proposed parkinq layout with the condition that the <br /> c� ty riqht of way be leased. Thls portion of Chestnut <br /> +.11 never bc widened since it dead ends 125 [eet south of <br /> this property at the north edqe of Riverside Park. <br /> Thc applicant has now applicd for building permits and <br /> durinq routine boildinq permit review it was discovered <br /> that a variancc had not becn obtained to provide a portion <br /> of the p3rkinq on city riqht of way adjecent to the lot <br /> instead of on the lot itself as requ.ired by city code. <br /> b• C4II�1SL914JLf: The unusual circumstnnces applyinq to the <br /> property is the qully at the rear that has been partially <br /> t �lled with �mknown naterial and the fact that there Ls <br /> unus•ed rinht ot ::ay fhat the city is ��nllinq to lease tc , <br /> thr applicant tor n porU on o[ Chc parY.ing. �I <br />