5024 RUCKER AVE 2016-01-01 MF Import

Jurisdiction: The Nearing Examiner of the Ciry of Everett has jurisdictional authority to hold a hearing and to issue the decision. That authority is set forth in EMC 2.23.120. Based on the above Findings of Fact, the Hearing Examiner enters the following Conclusions: The Applicants requested approval of relief from the provisions of EMC 19.7.020.H which limits the height of detached accessory buildinc�s to 15 feet. The Applicants requested approval to allow an 840 square foot detached garage to be constructed on- site to a height of 17 feet. The propeRy is located at 5024 Rucker Avenue, Everett, Washington. (finding 1) 2. The proposed detached garage would not be totally compatible with the neighborhood character. Part of the neighborhood character includes views of the Cascade Mountains, as �vell as Mount Pilchuck. These views provide an amenity to the neighborhood. The proposed garage would partially obstruct some of the views for some of the residents. Thus, the request for the increased height doea not satisfy EMC 19.7.020.K. ((ndings 12, 13, & 15) 3. The design of the proposed garage would not have an aesthetic impact on surrounding properties or streetscapes. It would be compatible with the design of dwellings on surrounding properties. (findings 7& 10) DECISION Based upon the preceding Findings of Facts and Conclusions, testimony and evidence submitted at the public hearing, and upon the impression of the Hearing Examiner at a site view, it is hereby ordered that the requested exception from the 15 foot maximum height of a detached accessory building at 5024 Rucker Avenue, Everett, Washington, is not granted, and the Applicant must develop the subject property consistent with the limitations as set forth in EMC 19.7.020.H. This decision is reached because it has been determined that the proposed detached garage would create view obstructions from surrounding properties. The view obstructions would be to Mount Pilchuck and Cascade Mountains. This case exemplifies the problems involved in the implementation of EMC 19.7.020.H with height restriction on accessory dwellings and the exceptions to this restriction. Through the photographs admitted as exhibits 6 and 7, as well as the testimony of the witnesses, it is clear that a partial view obstruction of the Cascade Mountains and Mount Pilchuck will result if the garage is built at 17 feet. Accordingly, the Hearing Examiner has no other option but to deny the exception because the criteria of EMC 19.7.020.K are not satisfied.' ' Because of the limited allowed height (15 feet), many detached garages in ihe City of Everett are subject to the review process for an exception lo the height limit. With a low maximum height standarA, the property owners are limited in Ihe design and style of the detached structures, especially garages, and, many of the buildings are �