7209 JUNIPER DR 2016-01-01 MF Import

BO1�RD OF ADJUSTMENT FINDINGS, CONCLUSIONS AND ORDER VPI2IANCE NO. 33-88 Based upon the written request for a variance from the City's 2oning code by: Janet Stephenson 7209 Juniper Drive Everett, WA �8203 hsreinafter referred to as "Applicant, " for a variance from E.M.C. 19.42.040 (C) , Side Yards, which all,ows decks to extend into the side yard as long as they do not exceed forty-two inches i.ii heiqht, to allow a deck that is approximately 54 inches high to extend one foot into the side yard on the property commonly known as: 7209 Juniper Lane The Board of Adjustment, following a public hearing on said application held on November 7, 1988, and further having reviewed all testimony, makes the following Findings, Conclusions and Order: FINDINGS AND CONCLUSIONS: rr;terion No 1- That there have been exceptional or extraordinary circumstances or cunditions applying to tY�e subject property or as to the in- tended use thereof that do not apply generally to other properties in the same vicinity or zone. a. Findina: The subject property consists of a 146 foot by 70 foot, 10,220 square foot lot with a 1250 square foot single family residence. The rear of the lot drops off approximately 20 feet from about the mid point of the lot. The Applicant had a 22 foot by 37 foot dack constructed on the rear of the house, since, because of the change in topography, there was very little usable rear yard area. She was not aware that permits were required and the work was done by friends from out of state who were not contractors and so did not kn�w the regulations either. After being notified that permits were required, the ' Applicant submitted an application for a building permit. At that time she was informed that the deck exceeded the 42 inch height permitted in the side yard as it was 54 inches high on the ncrtheast corner because of the slope of the lot. Lowering the deck would be almost impossible without a complete reconstruction and removing two feet from the north end of the deck would also require extensive work because of the support posts and the fact that a screen for privacy has been constructed on the north end of the deck. b. Conclusion: Th,:r� are unusual circumstances applying to the subject property because of the topography of the lot and the fact that the deck has already been constructed.