4302 CRESCENT AVE 2016-01-01 MF Import

percent of tlie setbad<. l"he constructiun would be similar to the original conslruction. (testimony of Ms. Firnstal�l) 19. The criteria for the variance for the uncovered deck to encroach in ihe front yard setback is necessilated because the upper story cantilevered balcony from a bedroom extends five-feet from tf�e house and is located 7.09 feet from the front property line. The reasons and justification for this variance are the same as lisled in findings #6 through #17. CONCLUSION� OF LAW Jurisdiction Juriso'iction: The Hearing Examiner of the City of Everett has jurisdictional authority to hold a hearing and to issue t!ie decision. lnat authority is set forth in EMC 15.16.110.A.17. Based on the above Findings of Fact, the Hearing E.:aminer enters the following Conclusions: Criteria and Standards for Review EMC 19.41 .130.0 (1) Tlie variance will not be malerially detrimental to ihe property in the area of the subject property or the City as a whole. (2) Ti�e variance is necessary because of exceptional or extraordinary circumsiances regarding the size, sliape, topography or location of tiie subject property; or the location of a preexisting improvement on ihe subject property that conformed to the zoning code in effect when the improvement was constructed. (3) The variance will only grant the subject property the same general rights enjoyed by other property in the same area and zone as ihe subject property. (4) The var�ance is lhe minimum necessary to allow the subject property il�e general rights described in Criteria 3 above. (5) The granting of the variance is not inconsistent with the goals and policies of ihe Everett general plan. (6) The need for the requested variance is not the result of a self- created hardsiiip. CJNCLUSIONS BASED ON FINDINGS 1. The Applicants requested variances for the property al 430?_ Crescent Avenue, � Gverett, Washington. The requested variances inciude: a reduced front setback; a reduced side setback from the interior property line; and allowance of an uncovered der,k to encroach into a front setback in excess of ;he permitted selback depth. The �•�bject property is zoned R-1, Single-Family Detached Low Density. (finding ') J _ -.�