7209 JUNIPER DR 2016-01-01 MF Import

i I gOARD OF �STlfENT j FINDINGS, CONCLUSIONS AND ORDER � VN2IANCE NO. JJ-88 i Based upon the written request for a variance [rom the City's zoning code by: Janet Stephenson 7209 Juniper Drive Everett, WA 9820J hereinafter referred to as "Applicant," for a variance from E.M.C. 19.42.040 (C) , Side Yards, which allows decks to extend into the side yard as long as they do not exceed forty-two inches in height, to allow a deck that is approximately 54 inches high to extend one foot into the siue yard . on the property commonly known as: ''� 7209 Juniper Lane ' The Board of Adjustment, following a public hearing on saidll application held on November 7, 1988, and further having reviewed all testimony, makes the following Findings, Conclusions and Order: FINDINGS AND CONCi.USZONS: Criterion No. 1• That there have been exceptional or extraordinary circumstances or conditions applying to the subject property or as to the in- tended use thereof that do not apply qenerally to other properties in the same vicinity or zone. a. Findina: The subject property consists of a 146 foot by 70 foot, 10,22o square foot lot with a 1250 square foot single family resiclence. The rear of the lot drops of.f approximately 20 feet from about the mid point of the lot. The Applicant had a 22 foot by 37 foot deck constructed on the rear of the house, since, because ot the change in topography, there was very little usable � rear yard area. she was not aaare that permits wer.e � required and the work was done by friends from out of state who were not contractors and so did not know the requlations eirher. After being notified that permits were required, the Applicant submitted an application for a building permit. At that time she was iniormed that the deck exceeded the 42 inch height permitted in the side yard as it was 5a inches high on the northeast corner because of the slope of the lot. �� Lowerinq 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 o: the support posts and the fact that a screen for privacy has been constructed on the north end of the deck. b. onclusion: There are unusual circumstances applyinq to the subject property bzcause of the topoqraphy of the lot T and the fact that the deck has already been constructed.