719 GRAND AVE 2016-01-01 MF Import

CONCLUSIONS BASED ON FINDINGS The Applicant requested approval of a variance from the fence height standards as set forth in EMC 19.39.070.A(1). 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. (rnding 1) The requested variance will not be detrimental to any property in the area or to the City as a whole. The only persons who might possibly be impacted by the requested variance are the Applicant and the property owner to the north. The prope�ty owner to the north requested that the Applicant construct a higher fence in order to provide privacy. There is no negaiive impact. (finding 7) 3. l'he requested variance is necessary because of exceptional or extraordinary circumstances regarding the size of the subject property and the location of a pre-existing residence on ihe subject property that coniormed to the zoning code in efiecl when the residence was constructed. Because of lhe ApplicanYs removal of the pre-existing residence irom an average sized lot, there were restrictions on the development. The Applicant wenl through the proper process in securing a nonconforming building certificaiion for lhe residence. By replacing the pre-existing residence in the same general area wifh a modern residence adjacec' lo a residence that had been refurbished or remodeled within the lasl twenty years, special circumslances resulted. The fence provides privacy for such a sifualion. (findings 3, 8& 9) The requested variance granls lhe subject property basically lhe same general rights enjoyed by other properties in the same area and zone. Because of unique circumstances of lhe previous �tructure on-site and the limitations, no special righls have been granted to the ApplicanL ((indings 7, 8& 11) 5. The requested variance is lhe minimum necessary to allow the subjecl property the general righls o( development o( the site. The City approved the deck as part of lhe original building plans. By approving ihe deck, it created some impacts on an adjoining property because the deck was two feet above ground level. As a means of reducing or eliminating this impact to lh� adjoining property, the eight- fool high fence is allowed. ((indings 5, 6, 11 & 13) 6. The requested variance is consistent with the Everett General Comprehensive Plan. (finding 12) The requested variance is not the result of a self-crealed hardship. The exisience of the pre-existing residence and the limitalions slemming from the nonconformity are key to the variance requesL (findings 5, 6& 13) 5