2606 WETMORE AVE 2016-01-01 MF Import

lead to traffic accidents". (exhibit 3, narrative) The signs are minimal and are the minimum the Applicant needs to instruct the public the location of the drive-thru. (festimony of Mr. Forte) 22. The Applicant submitted that there are other properties within the downtown business corridor that have building signage,as well as freestanding signs. According to the Applicant, the difference from these properties, however, is that the buildings are not setback as far from the roadway as the subject property. (testimony of Mr. Forte) CONCLUSIONS OF LAW Jurisdiction � s cNon: The Hearing Examiner of the City of Everett has jurisdictional authorify to ho/d a hearing and to issue the decision. That authority is set forth in EMC 15.16.110.A.97. Based on fhe above Findings of Fact, the Hearing Examiner enters the following Conclusions: C�iteria and Standards for Revisw EMC 19.41.13U.0 (1) The variance will not be materially detrimental to the property in the area of the subject��roperty or the City as a whole. (2) The variance is nec�ssary because of exceptional or extraordinary circumstances regarding the size, shape, topography or lo�ation of the subject property; or the location of a preexisting improvement on the subject property that confortned to the zoning code in effect when the improvement was constructed. (3) The variance will only grant the subject property the same general rights enjoyed by other property in the same area and zone as the subject property. (4) The variance is the minimum necessary to allow the subjed property the general rights described in Criteria 3 above. (5) The granting of the variance is not inconsistent with the goals and policies of the Everett general plan. (6) The need for the requested variance is not the result of a self- created hardship. CONCLUSIONS BASED ON FINDINGS 1. The Applicant requested a variance from City of Everett sign standards that would allow an existing freestanding sign to remain in place along with two signs tliat would be attached to a building on property at 2806 Wetmore Avenue, Everett, Washington. (iinding 1) 6