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PLANNING DIRECTOR DETERMINATION <br />Expansion of Non-conforming Building Setback <br />Review Process II #01-017 <br />INTRODUCTION: The City of Everett Planning Department has received an application from James Pearson, <br />1907 W. Mukilteo Blvd., Everett, WA 98203, to rebuild an existing carport/garage along a nonconforming <br />setback. The existing structure has a one-foot setback from the internal property line, and was built at a height <br />of 9'1". The expansion would involve raising the height of the structure fm:� 9'1" to 13'4" along this one-foot <br />setback line. Section 38.040 allows for the Plar ing Director to appro�.a the expansion of a structure which <br />does not meet required setbacks, provided that the expansion does not make the setback more <br />nonconforming; that the expansion complies with all other req �irements of the zoning ordinance; and that the <br />nonconformity has been certified by the Planning Department. <br />BACKGROUND: The property is located in the R-S, Residentiai Suburban Zone. The required setback is 5' <br />frorn an interior property line for aIl structures. There is an existing carport/garage on site. This structure is <br />considered legal nor�-conforming or "grandfathered" as it predates the City's zoning code requirement for <br />structures to have a minimum setback of five feet (5') from the internal side property line. The applicant <br />proposes to raise the roof of the s!ructure approximately 4'3" to a new height of 13'4". The new structure wili <br />have a one-foot setback from the western property line, consistent with the existing structure. <br />FINDINGS: The existing structure has been certified as legal nonconforming related to setbacks (NCB #01- <br />008). The applicant proposes to make an addition of 4'3" in height to the existing structure. The new structure <br />will have a one-foot setback from the interior side property line consistent with the existing non-conforming <br />setback, and will not create any further non-conformities than presently exists. <br />DECISION: The Planning Director has determined to allow for the proposed addition to the existing residence <br />with a one-foot setback from the western (side) property line with the following condition: <br />• Necessary ouilding permits are to be obtained by the applicant from the Cily of Everett Buildir3 <br />Department. <br />If a complete application has not been filed for a building permit or equivalent construction permit <br />within eighteen (18) months from the approval date of this decision, the permit shall be deemed <br />terminated, unless an extension is grented. If the permittee requests an extension in writing not later <br />than eighteen (18) months from the land use permit date, the Director may grent a six (6) month <br />extension. <br />Right to Appeal: The applicant or an owner of property located adjacent to the subject property may appeal the <br />Planning Director's determination as to whelher or not the proposal should be permitted. Any such appeal <br />must be filed within fourteen (14) calendar days of the date specified below. Appeal forms are available from <br />the Flanning Department and must be submitted along with the required filing fee. For more information <br />concerning this determination, contact Becky Fauver at the Planning Department (tel. 425-257-8731). <br />1 <br />/ /' � <br />Signed:,�: '�///G� i ��,� Date: ��/�Z/c I <br />Paul A. Roberts, Director <br />PLANNING AND CON1NiUNITY DEVELOPMENT DEPARTfuIENT <br />