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, . <br /> . ^ r <br /> . July 26, L978 <br /> CITY OF <br /> everett <br /> Graham Mderson crtr w��� • aa��n <br /> 725 Rucker `�`""'."��`"��..o� <br /> Everctt, WA 98201 c;r� �no.�.r <br /> Re: Whether variance granted a prior owner of 2008 Grand (approximately) <br /> follows the land when a new owner acquires. <br /> Dear Mr. Mderson: <br /> In response to your lnquiry about whether a subsequent buyer can utilize a variance <br /> granted to his predecessor in title but not yet in construction, the answer generally <br /> is affirmative. A variance attaches to the land and is not something personal to <br /> the individual owner at th� time it is granted. This result is not negated by the <br /> fact that you purchased part, but not all, of the property which was the subject of <br /> tbe earlier variance. <br /> The one caveat which follows from the above-mentioned general rule is that the <br /> ' . specific variance requirements granted earlier is the maximum extent to which the <br /> performance standards (i.e., set-back, height limitation, etc.) may be varied. That <br /> is to say, If a variance is granted to one property owner to exceed the height <br /> ltmitations by five feet� a person purchasing that property may still only exceed the <br /> height limitation by five feet,not ten or fifteen. <br /> '; j Thus, as long as a subsequent owner abides by the original terms and conditions of <br /> the variance granted his property when �der prior ownership, he or she may use <br /> such variance as lung as it is valid. <br /> I hope this answers your questions. <br /> � Ver ly ours, <br /> � (��O _` <br /> � BRADFORD N. CATTLE <br /> i City Attomey <br /> cc: �Ed Wilbur, Board oi Adjustment Secretary <br /> � <br />