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14. The hearing on the proposed request was noticed according to the laws of the <br />State of Washington, as well as the City of Everett. (exhibit 7, affidavit) No <br />opposition or other public testimony was submitted. <br />Jurisdiction <br />Jurisdiction: The Hearing Examiner of the City of Everett has jurisdictional aufhority to <br />hold a hearing and to issue the decision. That authority is set (orth in EMC <br />15.16.110.A.17. Based on the above Findings o( Fact, the Hearing Examiner enters the <br />following Conclusions: <br />Criteria and Standards for Review <br />EMC 19.39.070.A1 (criteria for fence) <br />A. Height <br />(1) Except as provided in subsection A.2 of lhis section, fences in residential <br />zones and fences located on the common abutting properly line in <br />nonresidential zones which immediately abut residenlial zones shall not <br />exceed six feel in height. Wilhin the fronl yard selback areas, the <br />maximum heighl shall not exceed forty-lwo inches, unless approved by <br />Ilie planning direclor using Ihe review process described in EMC Title 15, <br />Local Project Review Procedures. <br />GN1C 19.41.130.0 (criteria for variance) <br />(1) The variance will not be materially detrimenlal �o lhe properly in lhe <br />area of lhe subjecl property or Ihe Cily as a whole. <br />(2) The variance is necessary because of exceptional or extraordinary <br />circumslances regarding the size, shape, lopography or localion of <br />the subjecl property; or lhe location of a preexisting improvement on <br />!i�e subject property lhat conformed to lhe zoning code in e((ecl <br />when the improvemenl was conslructed. <br />(3) The variance wili only grant the subject property lhe same general <br />righls enjoyec! by other property in the same area and zone as the <br />subject property. <br />(4 ) The variance is Ihe minimum necessary to allow the subject properly <br />lhe general rights described in Crileria 3 above. <br />(5) The granting o( lhe variance is not inconsistent with lhe goals and <br />policies of lhe Everett general plan. <br />(6) The need (or the requested ��ariance is not the result of a se�f- <br />� i��:�t�-J h,�rd�hiGi. <br />� <br />