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� <br /> � ��, �� <br /> D <br /> 15 l tti�� �� '"' '�1 <br /> SEp �b 19°0 <br /> _...... <br /> I30ARD OF ADJUSTNENT <br /> _.--"`GVERL��NUINGS CONCLUSIONS AND ORDER VARIANCE NO. 23-90 <br /> ......�1SY �F �ks D�P�' I <br /> pub�ic`No <br /> Based upon the written request for a variance from the City's <br /> zoning code by: <br /> Applicant: Lloyd Bath <br /> 1132 Rucker Avenue <br /> Everett, WA 98201 <br /> hereinafter referred to as "Applicant," for a variance from <br /> Section 39.150.C.2, to allow a deck to be built higher than 36" <br /> in the ten foot side setback on the property commonly known as: <br /> 1132 Rucker Avenue. <br /> The Doard of Adjustment, following a public hearing on said <br /> application held on September lo, 1990 and further havinq re- <br /> viewed all testimony, makes the following Fin.iings, Con- <br /> clusions and Order: <br /> FI�?NGS !�*!D CONGL�t�rONS: <br /> Criterion No. 1• <br /> That the variance is necessary because of exceptional or ex- <br /> traordinary circumstances regarding the size, shape, <br /> topography, or location of the subject property; or the <br /> location of a pre-existing improvement on the subject property <br /> that conformed to the zoning code in effect when the <br /> improvement was constructed. <br /> a. Fi��+��� The existing house and garage do not meet the <br /> ten foot required setback from the side property line <br /> along 12th Street. The proposed deck will not extend any <br /> claser to the side property line than the existinq house <br /> or garage. To gain access from the proposed deck to the <br /> dininq room, the deck needs to be built along the south <br /> portion of the house. For the deck to be level with the <br /> floor of the dining room, the deck must exceed the 36" <br /> height limit. <br /> b. �^*+���+���*+A� There are exceptional or extraordinary <br /> circumstances reqarding the location of a pre-existing <br /> improvement on the subject property that conformed to <br /> the zoning code in effect when the improvement was <br /> constructed. <br /> �iterion No. 2• <br /> That the variance will not b� materially detrimental to the <br /> property in the area of the subject property or to the City as <br /> a whole. <br /> a. Findina�: No adverse comments have been received at this <br /> time. <br /> b, Cpvclt�cinnc: The variance should not be materially <br /> detrimental to the property in the area of the subject <br /> property or to the City as a whole. <br /> ^riterion No. 3� <br /> That the variance will only grant the subject property the <br /> same general rights et�joyed by other property in the sa.me area <br /> and zone as the subject oroperty. <br /> a. Ei ��.+gs: It appears that the majority of the houses <br /> within the same area have a deck or other structures to <br /> the rear and or sides of the house. One might be able <br /> to assume that a majority of the decks enter off the <br /> dining room. If the variance is not obtained for the <br /> tr---_ <br /> .:Il .A��..� .�ii ...ic uiilii�y ���i�i� �iicii ��llj` u�i.l3iiG6 wi�liiu <br />