4117 HOYT AVE 2018-01-02 MF Import

William P. Brust Appeal 6-92 Page -6- DECISION Based upon the preceding findings of facts and conclusions of law, the testimony and evidence submitted at the public hearing, and upon the impressions of the ?fearing Examiner of the site view, it is hereby ordered that the appeal of William B::ust of the City of Everett Planning Director's denial of a request for a reduction of landscaping requirements for a proposed parking lot at 4117 Koyt Avenue, Everett, Washington is denied. COMMENTS The decision of the City of Everett Planning Director issued on June 4, 1992, denying the reduction of landscaping requirements for a parking lot expansion at 4117 Hoy_ Avenue, Everett, Washington, has been upheld. In reviewing the appeal, the criteria as set forth in EZC 41.180.0 were considered. Although the Appellant's proposal was consistent with some of the criteria, it did not satisfy all of the criteria. In particular, the proposal of the Appellant did not satisfy the purpose for the landscaping standards as set forth in EZC 35.020. The proposal for the reduced landscaping did provide more space for additional parking, but it did not provide a visual buffer or physical separation that was a superior quality to that as required by code. In particular, it did noc provide the visual buffer and physical separation that would be provided if rlow the code landscaping standards -ire satisfied. Also, with the reduced landscaping plan of the Appellant, there would be more of a monotony of a large expanse of a paved parking lot. Further, it would not provide the required privacy from and for the property to the south. I� The Appellant argued that he is the owner of the property to the south and has no intent to sell it. It is presumed that this statement is correct. However, it is noted that the landscaping on the subject property could exist longer than the Appellant owns either property. Should the Appellant. either �.� change his mind qnd decide to sell, or if his estate sells the property, the new owners could os impacted by the reduced landscaping. There is no legal restriction on the sale of the property and although it is not a probable �.� occurrence, it is a possible occurrence. The City of Everett Planning Director's decision was correct and it is supported by EZC 35.020. Done and dated this 27th day of August, 1992.t-,9� /�- &"ge- Ades M. Driscoll Hearing Examiner t