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percenl of the setback. The construction would be similar to ihe original <br /> construction. (testimony of Ms. Firnstahl) <br /> 19. The criteria for the variance for ihe uncovered deck to encroach in the front yard <br /> setback is necessilated because the upper story cantilevered balcony from a <br /> bedroom extends five-feet from the house and is located 7.09 feet from the front <br /> property line. The reasons and justification for this variance are lhe same as <br /> listed in findings #6 through #17. <br /> CONCLUSIONS OF LAW <br /> Jurisdiction <br /> Jurisdiction: The Hearing Examiner of the City of Everett has jurisdictionaf authority to <br /> hold a hearing and to issue the decision. That authority is set forth in EMC <br /> 15.16.110.A.17. Based on the above Findings of Fact, the Hearing Examiner enters the <br /> following Conclusions: <br /> Criteria and Standards for Review <br /> EMC 19.41.130.0 <br /> (1) The variance will not be materially detrimental to the property in the <br /> area of the subject property or the City as a whole. <br /> (2) The variance is necessary because of exceptional or extraordinary <br /> circumslances regarding the size, shape, topography or location of <br /> the subject property; or lhe location of a preexisting improvement on <br /> the sutiject property that conformed to the zoning code in effect <br /> when the improvement was constructed. <br /> (3) The variance will only grant the subject property the same general <br /> rights enjoyed by olher properly in the same area and zone as the <br /> subject property. <br /> (4) The variance is the minimum necessary to allow the subject property <br /> the general rights described in Criteria 3 above. <br /> (5) The granting of lhe variance is not inconsistent with the goals and <br /> policies of the Everelt general pian. <br /> (6) The need for ihe requested variance is not the result of a self- <br /> created hardship. <br /> CONCLUSIONS BASED ON FINDINGS <br /> 1. The Applicants requested variances for the property at 4302 Crescent Avenue, <br /> Everelt, Washington. The requested variances inciude: a reduced front setback; <br /> a reduced side setback from lhe inlerior properly line; and allowance of an <br /> uncovered deck to encroach into a front selback in excess of the permilted <br /> setback deplh. The subject property is zoned R-1, Single-Family Detached Low <br /> Density. (finding 1) <br /> 5/� <br /> l <br />