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

10. On October 2, 2009, the City of Everett Code Enforcemenl Department issued a Violation Citation to lhe Stelmakhs for violation o(the City Development Standards and the Internalional Residential Code. The basis of the violation was the failure to secure building permits, as well as exceeding the maximum heighl limit for the R-2 zone. (code enlorcement- exhibif 3, violation citatron; code en(orcemenf- exhibit 4, declaration of service) At the public hearing ihe Stelmakhs did not contest these violations. SPECIFIC FINDINGS OF FACTS RELATING TO VARIANCE 11. The variance was requested after the roo(had been raised on the subject property. (Ingalsbe testimony) 1?. Il appears that no views would be directly impacted by the addilional height. The existing residence is set back approximately 40 feet from a neighboring access road to ihe soulh, and is not easily seen from the properties to the south. (Ingalsbe tesfimony; variance-exhibif 1, staff reportJ Other neighboring properties are vacant, and a large number of trees and shrubs effectively screen the exisling residence from the views from neighboring properties. (variance - exhibit 1, staft report) In addition there is significant screening of the subject property with the use of Iarge trees ihat front 3rd Avenue SE. (Ingalsbe testimony; Sfelmakh testimony) 13. The properties in the area have different zoning heighl standards. A property to the west, which is zoned in Snohomish County as R-7200, has a maximum height standard of 30 feet. The property to the northeast, zoned R-3, is developed with apartment buildings and appears to be built to lhe maximum height limit of 35 feet which was in e(fect at the time lhe development was permilted. There is a vacant parcel to the north thal has a height limit of 35 feet. The properties to the south and east have a heighl limit of 28 feet, as does the subject properly. (variance - exhibit 1, page 2, staff report;Ingalsbe testimony; Everett Zoning Code) 1d. The subjecl property slopes in a gradual manner from the residence on-site to the street grade of 3rd Avenue SE. The slope is approximately six feet. In measuring lhe height of the new construction, the City used the formulas and calculations as required by code to determine that the structure was in violation of the maximum height limit for the F:-2, Singie-Family Detached Medium Density zone. (Ingalsbe testimony; variance - exhibit 1, sfaff report, page 2) 15. The new conslruction at the residence on-site has crealed an att�c-like effecl for the residence. At tl�e point where the roof is pitched there is a space that couid aifeclively be used for an allic or be modified for other uses. (Heilman testimony) 5