601 MAULSBY LN 2018-01-02 MF Import

BOARD OF ADJUSTMENT FINDINGS, CONCLUSIONS AND ORDER VARIANCE NO. 25-88 Based upon the written request for a variance from the City's zoning code by: Charles A. Burgess 601 Maulsby Lane Everett, WA 98201 hereinafter referred to as "Applicant," for a variance from from E.M.C. 19.14.060, Height Limitations, to allow construction of a second story to an existing cne-story residence that would be 30 feet 11 inches high instead of the 28 foot height allowed by code. on the following property commonly known as: E01 Maulsby Lane The Board of Adjustment, following a public hearing do said application held on August 1, 1988, and further having reviewed all testimony, makes the following Findings, Conclusions and Order: That there have been exceptional or extraordinary circumstan-es or conditions applying to the subject property or as to the 1- tended use thereof that do not apply generally to other properties in the same vicinity or zone. a. Finding: The applicant is proposing to add an �IP•1N�/ approximately _730 square feet addition consisting of a second story, a loft and' a steeple to an existing single family residence. The height permitted in the zone is 28 feet and the proposed addition will have a total height of 26 feet and �p p nine inches plus a five foot high steeple as measured from the base elevation of the existing structure with 1 y the exception of the existing front room of the structure n.' which is constructed on piling over the bluff to tY-. west Y The zoning code requiras that the piling height of sixteen feet and six inches be included when figuring the average height of the building, thereby causing the average height to exceed code requirements. b. Conclusion: The unusual circumstances applying to this property is the fact that a portion of the structure is constructed on piling over the bluff and must be counted when figuring the average elevation even though the structure as seen from the street and the neighboring properties would not exceed the height limits. If the front room was not extended over the bluff, a variance would not be needed to construct the addition. That such variance is necessary for the preservation and en- joyment of a substantial property right of the appellant pos sessed by the owners of other properties in the same vicinity or zone. a. Finding._ Maulsby Lane is a short, level, dead end street and there are other homes on this street that have second stories and that have the first floor at the same level as Maulsby Lane. Some of these homes may exceed the 28 foot height limitation. since at the time they were built the zoning code permitLed a 35 foot height.