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9. A violation of this Order is a misdemeanor office under EMC 1.20.080. <br /> DECISION RELATING TO VARIANCE <br /> Based upon the preceding Findings of Facts and Conclusions and testimony and <br /> evidence submitted at the variance public hearing, it is hereby ordered that the <br /> requested variance to allow a structure at 10405 - 3rd Avenue SE, Everelt, Washington, <br /> lo exceed the R-2, Single-Fsmily Detacher' Medium Density height standards of 26 feet, <br /> is denied. Denial of ihe variance is based �n the fact that the Applicant has failed to <br /> adequat,:iy prove each and all of the criteria for variances as set forth in EMC <br /> 19.41.130.C. Reference is made to lhe conciusions of this document as to the reasons <br /> for the delermination lhat these slandards were not satisfied. <br /> Done and dated lhis 9th day of November, 2009. <br /> �� �I. �,c�.�¢2 <br /> Jam . Driscoll <br /> Hearing Examiner <br /> 11 <br />