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

24. A resident in the general area submitted an e-mail expressing opposition to the variance and recommended denial. (variance - exhibit 8, e-mail dated 10-21-09) Jurf�:liction Jurisdiction lCode Violatianl: The Hearing Examiner of the City olEverett has jurisdictional authority to hold a hearing and to issue the decision. That authority is set forth in EMC 1.20.040. Based on the above Findings of Facts, the Hearing Examiner enters the (ollowing Conclusions: Jurisdiction (Variance): The Hearing Examiner of H�e City of Everetf has jurisdictional authority to hold a hearing and te issue the decision. That authority is set (orth in EMC 15.16.110.A.17. Based on tlie above Frndinys of Facts, the Hearing Examiner enters tlie following Conclusions: Criteria and Standards for Review - Code Violation International Residential Code 2006. Section 105.1 (as adooted bv the Citv of Everettl Any owner or author•ized agent who infends to consfruct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, converl, or replace any electrical, gas, mechanical, or plumbing system, lhe installation of which is regulated by this code, or cause any such work to be done, shaU first make application to the building olfrcial and obtain fhe required permit. (emphasis added) Everett Municioal Code 19.0.010, Table 6.1 Deveiopment: The maximum permissible building height within the R-2 zone is 28 feet. Criteria and Standards for Review - Variance EMC 19.41.130.0 (1) The variance will .�ot be malerially detrimental to the property in the area of the subject property or the City as a whole. (2) The variance is necessary because of exceptional or extraordinary circumstances regarding the size, shape, topography or location of the subject property; or the location of a preexisting improvement on lhe subject property that con(ormed to the zoning code in effect when the improvement was constructed. 7