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r- <br />Criterion No. 2- <br />Chat such variance is necessary for the preservation and en- <br />joyment of a substantial property right of the appellant pos <br />>essed by the owners of other properties in the same vicinity or <br />zone. <br />a. Finding: Since the City does not require building <br />permits for installing fences, there are many other <br />fences in the City of Everett that do not meet height <br />requirements and unless there is a complaint the city <br />does not enforce. <br />b. conclusion: Granting this variance would allow the <br />applicant a property right already possessed by others. <br />That the authorization of such variance will not be materially <br />detrimental to the public welfare or injurious to property in the <br />vicinity or zone in which the property is located. <br />a. Finding: Public Works and Fire Department had no adverse <br />comments on this request. <br />A letter and testimony in opposition to the variance was <br />received from the property owner to the north expressing <br />concern that the view from the windows of the rear unit <br />of their duplex was blocked because of the height of the <br />fence. <br />A letter and phone call was received from the property <br />owner to the south in support of the variance citing the <br />need of the Applicant to provide a safe play area for <br />their small child and to keep transients from cutting <br />through their yard. <br />b. Conclusion: Granting of this variance would not be <br />detrimental to the public welfare or injurious to other <br />property in the vicinity or <br />fence adjacent to the north <br />reduced. <br />zone if the height of the <br />property's windows was <br />That the granting of such variance will not adversely affect the <br />Comprehensive General Plan. <br />a. Finding: The Comprehensive Plan designation is multiple <br />family and single family use is permitted. <br />b. Conclusion: Granting this variance would not adversely <br />affect the Comprehensive Plan. <br />NOW, THEREFORE, the Board of Adjustment of the City of Everett <br />does hereby order that the variance be GRANTED to allow the <br />variance as requested by the Applicant with the exception that the <br />fence should be lowered to one inch below the bottom of the window <br />sills for the area ajacent to the rear unit of the structure to <br />the north and further require that the Applicant meet the <br />following conditions within 30 days of the date of thi& order: <br />-2- <br />