1005 PACIFIC AVE 2016-01-01 MF Import

i Puget Souad Rida�y Ceater Appnal Page -6- C. Ta� Malroney - The sritness testified that he had been a nnighbor ' of the Dierkhieeinge for approzi�ately 29 yeara. He sulaitted that he livee further froe the eubject property thm the Dierkhissings but vhen he opens hin back windor he can also hear ihe EVAC unit. D. Bruce Bell - The attorneq for the Dierkhiesinga euhsitted that hia clieate are not trying to peoalice the Puget Sound Ridney Center, but� that the requn�ted variance ia for periode of t�ae� when �o�+: paople are aaleep or at rest. A variance for a reduction of the noita etwdarde r+ould be detrLental to the public and to th� Dierkhiesings. CONQ,IISIONS 1. The Appellant ie the ovner of the building at 1005 Pacific Avenue. E�rorett. Wa�hington, which is developad ae an office building. Included in the office building are the officea of the Puget Sound Ridoey Centar. An HVAC unit. located on the eide of the building, providev, air-co�itioning to the eub�ect property. 2. �e Appallant �eeks a variance froo the noite staadarde of the City of Swratt in order to operate the HVAR unit on-e![e. The vari�nce r�que�tad is to ezcaed thn muiaus dHA larels at the sub�act propnrtr between the houre of 10:00 p.m. and 7:00 a.m. on wnekdaye and betxeen 1Ot00 p.s. aad 9:00 a.u. on Meekende and holidqa. 3. In ordcr for a variance to be granted vithia the City of Everett. the critaria of IIiC 19.70.060.A(1-4) �set be aatiefied. Those criteria are not aatisfied by the requn�t. � 4. No azmptional or eztraordinary circutitances or co�ition� ezist that are applicable to the subject property nor ita intended usn that rarrant a vari�ace. The noi�e esanatiag fro� tha sitn is froa aa HVAC unit located on the dde of the building that has bnen plued thnre by the Appalian[. 11iis ie not an ezenptional or eztraordinary circu�atanen or co�ition that varnnts a variance. 5. 1he variance is not nece��ary for the prs�arration and en�onant of a sub�tantial ptroparty right that is po��e�ted by other ornars of propartie� in rhe vicinity. �a City has provided the Appellant xith aiti6ation unasuree which can be used to reduce the noiie leral on-�ite. The ispinentation of sitigating maatures ha� not b�an eshausted. 6. 11►e grant of a variance aould be detriamtal to the public welfare tnd injurious to the properties ia the vicinity, and in particular, the ad�oining property. It vould crette a eituation rhich would allar high noise lerels to esceed Citq sundarde during nor�al periode of re�t and elaep, which are at night and on the weekende.