1335 MCDOUGALL AVE 2016-01-01 MF Import

BOARD OF Nh7USTl�ENT FINDINGS, CONCLUSIONS AND ORDER VARIANCE NO. 7-89 Based upon the writt�n request for a variance zoning code by: Jake Ruiter 1335 McDougall Everett, WA 98201 from the City�s hereinafter referred to as "Applicant,'� for a variance from E.:4.C. 19.16.050 (C), Rear Yards to allow the addition of a single car garage to an existing single family home and provide a rear yard setback of five feet rather than the twenty feet required by code. On the following described property: Lot 44, Temwalt Terrace Di- vision No. 1 Commonly known as: 1335 McDougall The Board of Adjustment, following a public hearing on said ap- plication held on May 1, 1989, and further having reviewed all testimony, mak,as the following Findings, Conclusions and Order: .I� � �.l! • �._ � . Criter�on No 1• That �here have been exceptional or extraordinary cir.cumstances or conditions applying to the subject property or as to the in- tended use thereof that do not apply generally to other proper- ties in the same vicinity or zone. a. i� Findina: The property consists of an existing single fam- ily structure that was constructed in 1962 on an approximately 630o square foot corner lot. The house is oriented to the west towards McDougal; however, the zoning code defines the front yard as being to the north towards Jade Avenue since that is the length of the lot. The Applicant is proposing to construct a single car attached garage on the south end of the ex- isting single family structure that would be five fest from the south property line . Since the zoning code defines the south yard as the rear yard the code requires a twenty foot setback in- stead of the £ive feet the Applicant is propos- ing. The house on the adjoining lot to the south is also oriented towards McDougall so their side yard would abut tbe five foot setback the appli- cant is proposing which would function as a side yard instead of a rear yard. Conclusio�re There are unusual circumstances applying to the subject property since it is a corner iot and there is an existing single family structure on the lot that is oriented to what is technically the side yard but that is functioning eis a front yard. In addition the side yard of the house to the south abuts the portion of the subject lot where the proposed garage will be constructed, so the new construction will match the existing set- back pattern (see Exhibit 4).