719 GRAND AVE 2016-01-01 MF Import

All of the exhibits are available for inspection at the Hearing Examiner's Office located at 2930 Wetmore Avenue, 8th iloor, Everett, Washingion. Based upon a review of the above record, the following Findings of Fact and Conclusions hereby constitute the basis of the decision of the Everett Hearing Examiner. FINDINGS OF FACT The Applicant requested approval of a variance from the fence heighi standards as set forth in EMC 19.39.070.A( t). The requested variance would allow a portion of an existing fence to exceed the six-foot height standard. The property is located at 719 Grand Avenue, Everett, Washington. (exhibit 1, sfaff report; Firnstahl testimony) The subject property is zoned R-1, Single-Family Detached Low Density, as are Ihe properties to the north, soulh, east, and west. The existing land use of the subject property is a single-family residence that was built within the last lhree years. (exhibit 1, page 1, staffreport; Firnstahl testimony: Utt testimony) Prior to the construction o( the residence there had been an older residence on- sile. On Augusl 23. 2007, the Planning Director of lhe Cily of Evereti issued a certificate of nonconforming building status for lhat structure. The nonconformity was allowed because the original single-(amily residence on the 6,500 square fool lol was buill prior l0 1956, and the residence did not saiisfy the five-foot inlerior side yard selbacks requiretl for R-1 zoned property. In order for the Applicant to conslruct a home on the lol after lhe original residence was demolished, ihe noncon(orming slatus was required to be established. The result was Ihat the new single-(amily residence has a north side yard setback of tliree feet, three inches and lhe south side yard setback is two feet, four inches. (exlubit 1, sfa(f reporl; exhibit 4, nonconforming building certr(ication: Firnstahl testrrnony) In the City of Everett variances are allowed subject to satisfaction oF the criteria of EMC 19.41.130.C. (exhibit 1, staff report) 5. The entire fence is approximately 85 feel in lenglh. The portion of the (ence thal is eigfri feel in height, or two feel above lhe heighl limit, is approximately 33 feet in lengll� and is adjacent to a two-foot high deck lhat was developed on the subjecl property. (exhibit 1, stat(report) 6. Tfie deck on the subjecl properly was included in the building plans that were approved by the Ciry of Everelf. After the deck was constructed, ihe Applicant, a: lhe request of the property owner to lhe north, conslructed a portion oF the fence lo be eight-feet in height in order to have privacy for both properlies. A variance is now being sought for lhat poriion o( the six-fnot high fence that is eight-feet in height. (Uft testimony)