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o� I�C��Od L� D <br />IJ U MAY 0 5 1989 <br />BOARD OF ADJUSTl�NT <br />FINDINGS, CONCLUSIONS AND ORDER <br />VARIANCE NO. 7-89 <br />Based upon the written request for a variance <br />zoning code by: <br />Jake Ruiter <br />1335 McDougall <br />Everett, WA 982G1 <br />............._ <br />t;iiY OF EVERETT <br />Public Works Dept. <br />from the City�s <br />hereinafter referred to as "Applicant," for a variance from <br />E.M.C. 19.16.050 (C), Rear Yards to allow the addition of a single <br />car garage to an existing single family home and provide a rear <br />yard setback of five feet rather than the twenty feet required by <br />code. <br />On the following described property: Lot 44, Temwalt Terrace Di- <br />vision No. 1 <br />Commonly krown as: 1335 McDouqall <br />The Soard of Adjustment, following a public hearing on sai.d ap- <br />plication held on May i, 1989, and further having reviewed all <br />testimony, makes the following Findings, Conclusions and Order: <br />�P . , .D • y � <br />That there have been exceptional or extraordinary circumstances <br />or conditions applyina to the subject property or as to the in- <br />tended use thereof that do not apply generally to other proper- <br />ties in the same vicinity or zone. <br />a. <br />b. <br />Findina: The property consists of an existing single fam- <br />ily structure that was constructed in 1962 on an <br />approximately 6300 square foot corner lot. The <br />tiouse is oriented to the west towards McDougal; <br />however, the zoning co3e defines the front yard <br />as being to the north towards Jade Avenue since <br />that is the length of the lot. <br />The Applicant is proposing to construct a sinqle <br />car attached garage on the south end of the ex- <br />isting single family structure that would be five <br />feet from the south property line . Since the <br />zoning code defines the south yard as the rear <br />yard the code requires a twenty foot setback in- <br />stead of the five feet the Applicant is propos- <br />ing. The house on the adjoining lot to the south <br />is also oriented towards McDougall so their side <br />yard would abut the five foot setback the appli- <br />cant is proposing which would functior� as a side <br />yard instead of a rear yard. <br />Conclusion: There are unusual circumstances applying to the <br />subiect property since it is a corner lot and <br />there is an eaisting single family structure on <br />the lot that is oriented to what is technically <br />the side yard but that is functioning as a front <br />yard. In addition the side yard of the house to <br />the south abuts the portion of the subject lot <br />where the proposed garage will be constructed, so <br />the new construction will match the existing set- <br />back pattern (see Exhibit 4). <br />-. <br />