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t <br /> After due consideration of the testimony and evidence presented by the Applicant, <br /> testimony and evidence elicited during the pubiic hearing, the foliowing Findings of Fact <br /> and Conciusions constitute ihe basis of the decision of the Everett Hearing Examiner. <br /> FINDINGS OF FACT <br /> 1. The Applicant requested a deviation from the provisions of EMC 19.7.020.H <br /> which requires all detached garages wiihin the City of Everett may not exceed <br /> the height of 15 feet. The Applicant requests the deviation pursuant to EMC <br /> 19.7.020.K which allows exceptions if certain criteria are satisfied. (sta(f report) <br /> 2. The exceptions allowed under EMC 19.7.020.K read in part as follows: <br /> The Hearing Examiner, using the review process described in <br /> EMC Title 15, Local Review Procedures, may allow detached <br /> accessory buildings to exceed 15 feet in height, or to exceed <br /> 1,000 square feet in area as provided herein. The Hearing <br /> Examiner shall have the authority to deny an application for <br /> accessory buildings which exceed 15 feet in height or a total <br /> of 1,000 square feet The basis for denial is incompatibility <br /> with the dwelling and/or neighborhood character. To make <br /> this determination, the Hearing Examiner may look to such <br /> factors that include, but are not limited to, view obstruction, <br /> aesthetic impact on surro�nding properties and streetscape, <br /> incompaiible scale with dwellings on surrounding properties, <br /> and impact on neighborhood character. The Hearing <br /> Examiner shall also iiave the authority to impose greater <br /> seiback requirements, landscape buffers, or other locational <br /> or design requirements as necessary to mitigaie the impacts <br /> of accessory buildings which are larger or taller than <br /> otherwise allowed by this section. <br /> 3. The subject property is at 3520 Everett Avenue, Everett, Washington, and is <br /> zoned C-1, General Commercial. To ihe west of the subject property is a refuse <br /> disposal parking lot for garbage trucks. Across the alley is the same use. To the <br /> north is a five-lane road. (staff report) <br /> 4. Access to the proposed garage will be from the alley behind Everett Avenue. <br /> The site is heavily screened with landscaping from adjoining properties. (sfaff <br /> report; <br /> 5. The Applicant owns four contiguous lots that are zoned C-1, General <br /> Commercial. On the lots are a number of different structures on the corner of <br /> Everett and Harrison Avenues. Two of the lots have small older homes that are <br /> used for living and storage space. Another lot was used in the past as a carriage <br /> house, shop, barn, and storage shed. (exhibit 4, Miller testimony) <br /> �?��1 <br /> z � - <br />