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- - - . . _T—„ . � <br /> ; <br /> Mr. Wight represented Mr. Moberg and made the follaaing satenents: <br /> 1. There is a rnnflict in the woxding of the B-1 Zoning. <br /> 2. The city's Halprin Plan shvas the area of 19th azxi Golby as <br /> a cartrezcial area. <br /> 3. No access for the proposed condaniniians will be,peanitted from <br /> Nlby Avenue. <br /> � <br /> There was no opposition fran the audience. <br /> The City staff'then made the following statm�aits: <br /> 1. There is a conflict bet�een the interpretatian of the Everett <br /> M�icipal Cale 3nd tl� City Ordinance. <br /> 2. Infoanati.on was given to the applicant by the City in reference <br /> to the ten (10) foot front yard setback. , <br /> 3. TkP land Mras purchascd end the building plans croapleted rni the <br /> assia�tion of the ten (10) foot front yard R-4 Zoning. <br /> 4. The City recrnmends granting the cariance as a result of the <br /> misinformation given by the staff, based on the error in Section <br /> 19.24.050 of the E.M.C. which is in conflict with Ordinance <br /> #3572. The hardship is that the property was purchased and plans <br /> prepared as a result of th:s info�ti.on. <br /> � After visually viewing the subject prope�.'ty and Yearing all the facts <br /> and testimony, it wa� aoved by Mr. Kristiansen, seconded by Mr. Saird <br /> and imanimously carried to grant the applicant's request for the follaaing <br /> '�'1 � reasons: <br /> i <br /> r 1. There are exc�tional circianst�nces applying to the subject PmPertY <br /> as ta the int=_nded use thereof, that do not apply generally tu <br /> •� other properties in the same vicinity or zone because of the conflict <br /> � �' in the City Code and Municipal Cale. <br />�', � 2. That such a �iance is necessary for the preservation and enjoym�t <br />�f �, of a svbstantial property right of the appellant possessed by the <br /> � ' aaners of the other pxvperties in the same vicuuty or zone. <br /> r <br /> s Also, the Boazd feels that because of the E\mrett Municipal Code, the land <br /> "- was purchased and plans prepared. Therefore, the applicant should be allvaed <br /> � to use the R-4 yard requirenents, but a11 of the other R-3 standards � <br /> shall apply. <br /> � -3- <br /> O E-¢. . <br /> � <br /> J , <br /> .`t d kk:,� . <br /> ♦ <br />