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' I <br /> 14. Because of the unique situation of the subject property, the encroachment into <br /> the required setback is the minimum necessary. (exhibit 1, staff report, page 3; <br /> testimony of Ms. Medlen) <br /> 15. The Everett General Plan of the City of Everett designates the subject property <br /> as 1.3, Single-Family Detached and allows 10-12 dwellings per gross acre. The <br /> requested variances, as proposed, will not impact the City and are consistent <br /> with the Goals and Policies of the Everett General Plan. (exhibit 1, staff report, <br /> page 3; testimony of Ms. Medlen) <br /> 16. The variances are not the result of a self-created hardship, but are the result of a <br /> change in the Applicant's physical condition. The Applicant's disability and need <br /> for access is not self-created. (exhibit 1, staff report, page 3; testimony of Ms. <br /> Medlen) <br /> 17. No public testimony was submitted at the hearing. <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 /> 4 <br />