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STAFF REPORT TO BOARD OF ADJiJSTlSENT <br /> VARIANCE $ 33-88 <br /> DATE: November 7, 1988 <br /> Applicant: Janet Stephenson <br /> 7209 Juniper Drive <br /> Everett, WA 98203 <br /> Location of Property: 7209 Juniper Lane <br /> Variance Requested: From E.M.C. 19.42.040 (C) , Side Yards, <br /> which allows decks to extend into the side <br /> yard as long as they do not exceed <br /> forty-two inches in height, to allow a dack <br /> that is approximately 54 inches high to <br /> extend one foot into the side yard <br /> Existing Zoning: R-1, Sinqle Family Residential <br /> Existing Land Use: Single Family Residence <br /> Adjacent T,and Use/Zoning: North: SF/R-1 <br /> South: SF/R-1 <br /> East: SF/R-1 <br /> West: I-5 <br /> Exhibits: <br /> 1. Vicinity/Zoning Map <br /> 2. Site Plan <br /> 3. Narrative Statement <br /> 4. Topographic Map <br /> FINDINGS AND CONCLUSIONS: <br /> Criterion No. 1• <br /> That there have Ueen excepti4nal or extraordinary circumstances <br /> or conditions applying to the subjec� property or as to the in- <br /> tended use thereof that do not apply generally to other <br /> properties in the same vicinity or zon.e. <br /> a. Finding: The �ubject property consists of a 146 foot by <br /> 70 foot, 10,220 square foot lot with a 1250 square foot <br /> single family residence. The rear of the lot drops off <br /> approximately 20 feet from about the mid point of the <br /> lot. The Applicant had a 22 foot by 37 foot deck <br /> constructed on the rear of the house, since, because of <br /> the change in topography, there was very little usable <br /> rear yard area. She was not aware that permits were <br /> required and the work was done by friends from out of <br /> state who we:e not contractors and so did not know the <br /> regulations either. <br /> After being notified that permfts were required, the <br /> Applicant subnitted an application for a building permit. <br /> At that time she was informed that the deck exceeded the <br /> 42 inch height permitted in the side yard as it was 54 <br /> inches high on the northeast corner because of the slope <br /> of the lot. <br /> Lowering the deck would be almost impossible without a <br /> complete reconstruction and removing �wo feet from the <br /> north encl of the deck would also require extensive work <br /> because of the support posts and the fact that a screen <br /> for privacy has been constructed on the north end of the <br /> deck. <br /> b. Conclusion: There are unusual circumstances applying to <br /> the subject property because of the topography of tY�e lot <br /> and the fact that the deck has already been constructed. <br />