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south side of the dealership building provides the best accessibility with the least <br /> disruption to other properties. (testimony of Mr. Cook; exhibit 1, staff report, <br /> page 3) <br /> 14. The Applicant submitted a landscape planting schedule that describes the types <br /> of landscaping that will be placed on-site, including on the southern slope of the <br /> property. The City has accepted this schedule. (exhibit 10, landscape plan) <br /> CONCLUSIONS OF LAW <br /> Jurisdiction <br /> Jurisdiction: The Hearing Examiner of the City of Everett has jurisdictional authority to <br /> hold a hearing and to issue the decision. That authority is set forth in EMC <br /> 15.16.110.A.17. Based on the above Findings of Fact, the Hearing Examiner enters the <br /> following Conclusions: <br /> Criteria and Standards for Review <br /> EMC 19.41.130.0 <br /> (1) The variance will not be materially detrimental to the property in the <br /> area of the subject property or the City as a whole. <br /> (2) The variance is necessary because of exceptional or extraordinary <br /> circumstances regarding the size, shape, topography or location of <br /> the subject property; or the location of a preexisting improvement on <br /> the subject property that conformed to the zoning code in effect <br /> when the improvement was constructed. <br /> (3) The variance will only grant the subject property the same general <br /> rights enjoyed by other property in the same area and zone as the <br /> subject property. <br /> (4) The variance is the minimum necessary to allow the subject property <br /> the general rights described in Criteria 3 above. <br /> (5) The granting of the variance is not inconsistent with the goals and <br /> policies of the Everett general plan. <br /> (6) The need for the requested variance is not the result of a self- <br /> created hardship. <br /> EMC, Section 19-Zoning Code, Chapter 5-Use Tables, Table 5-2, Note 45(a) reads as <br /> follows: <br /> Vehicle services and repair businesses shall comply with the <br /> following requirements: <br /> (a) All vehicle maintenance work shall be performed in an <br /> enclosed building when located within 150 feet of lots <br /> located in residential zones. The garage doors of the <br /> building may not fact toward the residentially zoned <br /> properties. <br /> 5 <br />