5512 S 1ST AVE 2016-01-01 MF Import

r-, r BOARD OF ADJUSTMENT FINDINGS, CONCLUSIONS AND ORDER (Dennia V. Diedrich; I120-84) Based upon the written request for a variance from the City's zoning, � code, specifically EMC 19.16.030, made by Dennis V. Diedrich, hereinafter referred to as "Applicant," the Board of Adjustment held a public hearing on, said application on September 10, 1984. Following said hearing, a motion was� made and seconded to grant the variance request. Board membera Wilson andi Zook vo[ed for the granting of the variance while board members Miller andl' Hoagland voted against granting the variance. The basis for [he board memLeral voting against the granting of [he variance is as follows: �� 1. There are no exceptional or extraordinary circumstances or conditionsl applying to the subject property or as to the intended use thereof,, that do not apply generally to other properties in the same vicinity or' zone: a. Findinge: 'i The Applicant owna a parcel of property which is located at 5512 South Firat Street, Everet[. The Applicant's property coneists. of a 6,000 square foot lot which is zoned R-2. The R-2 zonei allowa single family residencea to be locsted on 5,000 square• foot lots and duplexea to be lor.ated on 7,500 square foot lo[s (EMC 19.16.030). The other lots in Applicant's bJock have single family residencea or. them. Applicant's property containa no; conditions such as shape or topographical locction which are, unique to hia lot. Applicant is seeking a variance to allow a duplex on a 6,000 aquare foot lots. The Applican[ has a single family structure on [he eubject', proper[y which has been comerted to a triplex and ia currently, being used as a duplex. The conversione by the Applicant of [he struc[ure in question took place without the required City'� permita. b. Conclusiona: �, The Applicant's property does not contain any physical condi[ions or circumstances unique to his property for whi.ch a variance can Ue granted. Applicant's current use is in violation of the City's zoning code. The only hardship which the applicant has demonstrated is due to :he fuct that he now is operating a duplex� structure where such is not permitted unlesa �he Applicant hae a lot of 7,500 square feet or larger. But this cannot be�. considered an exceptional or extraordinary circumstance because� Lhe only reason the Applican[ is in this situation is that he }�as not complied with the City ordinances. This consti[utea a self-created hardship which does not cons[itute undue hardahip' for purposes of the City's zoning code. A ��