2902 HEWITT AVE 2016-01-01 MF Import

' Section 19 . 7U.OGG of tne Everett J�lunici�al Code says that a variance may be granted only where, owina to special conditions pertaining to a specific �iece of property, the literal enforcement �• of the provisions or requirements of this title would cause undue � and unnecessary hardship. No where in the record is ther discussion or evidence of any specia2 conditions that pertain to t�ir. Fuller' s property. Nor is there any discussion of an unnecessary hardship • that would ensue. . Section 19.60. 060 also requires, before granting a variance, that the Board find ? "that there are exceptional or extraordinary circum- stances or conditions applying to the subject property , or as to thr: intended use thereof, that do not applp generally 'co other properties in the same vicinity or zorie. " Nowhere in the record is there any discussion or evidence of what exceptional or extraordinary circumstances apply to Mr. Fuller' s property that do not apply generally to other properies in the same vicinity or zone. - In the record, Mr- Russell does note .that "We have been granting variances on restaurants right along. " I�ir. Baird responds "Well, one reason we have been granting the variances too, and that is because our code is more restrictive than any other city in the entire state. " Certainly the aforesaid reason is not a valid ground for granting a variance--i.e. the board members state that variances in the past have been gran}ed because the board disaarees withthe requirenents imposed in the zoning ordinance by the municipal legislative authority. And such prior unlawful conduct by the I�oard can certainly not be used as a basis for now saying that the off-street parking requirements are exceptional and extraordinary conditions -17-