7431 EVERGREEN WAY 2018-01-01 MF Import

i 2. Section 7 of City Ordinance 555-78, as amended by 665-80 and 793-81 ; provides that an applicant may request a special exception to the Hearing ' Examiner from any provision of the Ordinance. The Hearing Examiner is authorized to grant, in writing, variances from the regulations and requirements of this ordinance, providing it is first determined that all of the following conditions are present: a) The applicant has completed the environmental review process, under the provisions of the Washington State Environmental Policy Act (S.E.P.A.) and completed any street or traffic related ;;tidies required by the review; (this project is exempt from this requirement - see Exhibit 4) b) The variance requested arises from peculiar physical conditions not ordinarily existing in similar districts in the City, and that not granting a special exception may aggravate the conditions; c) That the variance requested is not against the public interest, particularly safety, convenience and general welfare; d) That the granting of the variance will not adversely affect the adjacent property owners or tenants; e) That the terms of this ordinance will work unnecessary hardship on the applicant, property owner or tenant. Such hardship shall not be self-imposed. 3. The final site plan shall incorpora�< a design to meet the driveway standards of Section 13.16.060 of Everett Municipal Code. SFzcifically, no single driveway approach shall exceed thirty-five feet in width; multiple approaches as approved by City Traffic EnPin�er shall be separated by not less than t�venty feet of full height curL. 4. The site is located at a busy 'raffic intersection. City Traffic Engineer approval is required on the final site plan to ensure safe site egress and ingress to and from the City rights-of-way. 5. Evergr�z��r, Way Study requires site landscaping. A five (5) foot wide by three (3) foc; `�.gh buffer is required on the site's frontage (two (2) feet of the five (5) foot �:��dth may be located on the City right-of-way). RECOA4MENUATION: 1. Deny tlie appeal. All of the conditions r�.�;:ired to grant a variance are not present. 5pecifically, 2b, 2c, 2d, and 2e above. The variance reyues[ does not "arise irom peculiar physicai conditions not ordi�arily existing in similar districts in the City'; The variance would be "against the public interest, particularly safety, conver:: �ce uid general welfare" because the additional right-of-tvay is neede� '.o const:.ict the ultimate street improvements to provide smoother and aafr: egr.ss acc: ingress; The va.iance would "adversely affect the adjacent property o�vners or tenants" because the additionai right-of-way is needed to ultimately provide safe pedestrian and vehicle muvement within the area ar.d the adjacent property owners should not have to pay for the right-of-way as Nart of a future L.I.D. when, in fact, tiie applicant is contributing to need for the street impruvement; "The terms of this ordinance will nut work unnecessary hardship on the applicant, property owner or tenant" when, in fact, it is the terms of this ordinance which allowed the City Engineer to determine that Sections 2.A.2 and 2.A.4 were applicable thus minimizing development costs. 2. Requi-e dedication of an additional ten (10) feet of ;ight-of-way on the south side of parcel as a condition of further development. -z-