10405 3RD AVE SE 2016-01-01 MF Import

f 1 \ 4. The property lo the north is va.:ant and is zoned R-2 PRD. The property to the south includes single-family residences and has an R-2 zoning designation. The property to lhe east is vacant and also has an R-2 zoning designation. The property to the wesl is developed with single-family residences and has an R- 7200 zoning designation per the Snohomish County zoning code. (variance - exhibit 1, page 1, staftreport) 5. The Stelmakhs are a larc�e family that recently purchased the subjecl property. Upon purchasing the property, they preceded to make improvements to the single-family residence on-site. Among the improvements was the raising of the structure from its original constructed height to a heighl of approximately 33-feel, 8-inches. The Ciry submilted lhat the original heighl of the structure was approxim�tely 28 feet, ihe height limit (or the ri-2, Single-Family Detached Medium Density zone. (variance - exhibit 1, sta(f report; Ingalsbe lestimony) SPECIFIC FINDINGS OF FACTS RELATING TO CODE VIOLATION 6. On August 17, 2009, the Everett Public Services Division received a complaint of possible illegal construclion activity that�vas being conducted on the property at 10405 - 3rd Avenue SE, Everett, Washington. Upon receipt of the complaint, the Division reviewed City records and determined that no building permits had been issued for any construction aclivity and that no permits were pending. (Fagersbom testimony) 7. On August 19, 2009, City staff inembers irom the Building Department and Planning Departmenl conducled an inspection of the property at 10405 - 3rd Avenue SE, Everett, Washington. Based on their obs�rvations at lhe site inspection and no permits had been issued for any of the consiruction on-site, th�� City officials issued a Stop Work Order (SWO) for the work on the residence on-site. (Fagerstrorn testimony; Heilman testimony; Budden tesfimony) 8. Subsequent to the issuance of the SWO, Steve Ingalsbe of the Everett Planning Department researched the zoning designation of the subject property and detennined lhat it was zoned R-2, Single-Family Detached Medium Density. The maximum height iimil for a structure in an R-2 zone is 28 (eeL (EMC 19.0.010, Table 6.1 - Developmenf Standards) 9. Applying the accepted formuia for d�termining ihe height of the slructure, ihe City detennined lhat the slructure on-ste exceeded the permitted height by 5-feet, 8- inches. The peak of the residence after the new construction was approxiriately 33-(eet, 8-inches. (Ingalsbe testimony; Budden testimony: Heilman testimony) Code Enforcement - exhibit 1, photographs of lhe construction provide illustrative evidence of the violation. jcode en(orcement- exhibit 1, photos) a