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degrees, and was a threat of sliding down t+�a�ards the <br />neighbor's home due to record rainfall. <br />Due to the grade incline, sidewalk condition, and <br />overgrowth, there was no means of safe access to the <br />baclryard for public utiliry providers. Our goal was not to <br />create a hardsh�p, but to make a needcd improvement to our <br />property, which was necessary to correct a problem due to <br />the unusual topography of our home and the neighbors. <br />c. Conclusions: The variance is to allow an already <br />cons[ructe�retaining wall and fencing that does not comply <br />with zoning code requirements to remain on the site. 't'he <br />requested variance is necessary to avoid removal or <br />modification of the existiug retaining wall and fencing <br />improvements. A 20-foot wide driveway is more than <br />adequate to provide access to the exisdng garage. <br />NOTE: At the hearing the applicant stated that the variance request for <br />the driveway was no longer needed and only the retaining wall and fence <br />variance is needed. <br />NaW, T�REFORE, che Boazd of Adjustment of the City ef Everett does hereby order <br />tt►at a variance be GRANfED to allow for the existing retaimng wall and fence to remain <br />with the following condidon: <br />A covenant which stipulates that the property owner is liabte for the retaining wall. <br />The action of the Boazd of Adjustment in GRANTING a vaziance shall <br />be final and conclusive, unless within twenty-one (21) days from the date <br />of issuance and signing of this order by the Chairtnan of the Boazd, an <br />aggrieved person or persons obtains a writ of certiorazi from the <br />Superior Court of Was6mgton for Snohumish County for the purpose of <br />review of the action taken. <br />DATED this 2nd day of October, 2000. <br />ha�rman, o o �ustment <br />