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PLANNING AND Paul A. Roberts <br />CO~4M/NITY DEYELOPMENT Director <br />August 1,2002 <br />Tom Edwards <br />1901 Pinehurst Avenue <br />Everett, WA 98203 <br />RE: 1901 Pinehurst Avenue Deck Encroachment <br />Dear Mr. Edwards: <br />On June 27, 2002 you appeared before the City of Everett Violations Hearing Examiner. <br />Information was presented at the hearing which demonstrated that building additions had been <br />made to your residence without the benefit of building permits or City approval. At this time the <br />Hearing Examiner ordered that all violations on site be abated. This included the removal of the <br />lean-to structure adjacent to the garage, compliance with the fence height regulations, and <br />bringing the deck structure into compliance with Zoning Code standards, including setbacks and <br />rear yard coverage. <br />Section 7.020.D of the Everett Zoning Code states that accessory structures may be located <br />within a required rear yard setback provided that not more than 50% of the rear setback area is <br />covered. Based on the site plan on file with the City, the residence has a zero foot setback off of <br />the rear property line. This nonconforming setback was certified by the City under permit number <br />NCB 01-020. The residence was shown as being 30 feet wide, and the lot was shown as being <br />50 feet wide. Due to the size and location of the existing residence it appears that the rear yard <br />area has already exceeded 50% coverage. Since the deck was constructed without the benefit of <br />permits a portion of this structure would need to be removed in order to bring the site into <br />compliance with the Zoning Code. <br />It appears that the southern four feet of the deck would be permitted on site, provided it met the 5' <br />foot interior side setback from the east property line, and building permits were approved for the <br />structure. A variance may be applied for to retain all of the deck on site, however the City would <br />be in the position to recommend denial of the application to the Board of Adjustment, since the <br />request is the result of a self-created hardship, and does not meet the variance criteria. <br />Since this item is under code compliance action, please contact Jon Schmidt, at (425) 257-8680, <br />in order to arrange a timeframe for bringing the site into compliance. <br />We look forward to working with you to resolve this matter and if I can be of any further <br />assistance please contact me at (425) 257-8731. <br />Sincerely, <br />Becky Fauver <br />Assistant Planner <br />Cc Jon Schmidt — Code Compliance Officer <br />Gerry Ervine — Senior Planner, Planning Department <br />CITY OF EVERETT <br />2930 Wetmore Avenue, Suite 8-A • Everett, WA 98201 • (425) 257.8731 • Fax (425) 257-8742 <br />