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EMC 13.16.110 - Unusual conditions <br />The city council is authorized to grant, in writing, variances from the regulations and <br />requirements of this chapter, providing they first determine that the following conditions <br />are present: <br />A. The variance requested arises from peculiar physical conditions not ordinarily <br />existing in similar districts in the city or is due to the nature of the business or <br />operation upon the applicant's property; <br />B. That the variance requested is not against the public interest, particularly safety, <br />convenience and general we!fare; <br />C. That the granting of the permit for the variance will not adversely affect the rights <br />of the adjacent property owners or tenants, <br />D. That the terms of this chapter will work unnecessary hardship on the applicant, <br />property owner or tenant. (Prior code § 13.36.110) <br />CONCLUSIONS BASED ON FINDINGS <br />1. EMC 19.33G.050.B.1 establishes that sites abutting alleys are required to gain <br />vehicular access from the alley and that no driveway access from the public <br />street is allowed. Michael and Terri Brashler are the property owners at 3514 <br />Wetmore Avenue, Everett, Washington 98201. The property, zoned R-3 Multiple <br />Family Medium Density and Core Residential Area, is developed with a single- <br />family residence. The Applicant seeks a variance from the provisions of the Core <br />Residential Development Standards, EMC 19.33G.050.B.1. in order to have <br />street access for a new garage. <br />2. EMC Chapter 13.16 establishes standards for properties that are in a Core <br />Residential Area. The subject property is zoned R-3 Multiple Family Medium <br />Density and Core Residential Area. In 2008 parking and vehicular access <br />standards were enacted. Included in these standards was that properties that <br />abut an alley must have vehicular access from the alley and not the street. The <br />Applicant seeks a variance from that standard pursuant to EMC 1116.110. <br />(finding 4) <br />3. The requested variance to have vehicular access off Wetmore Avenue arises in <br />part from physical conditions not ordinarily existing in similar districts in the City <br />of Everett. The physical conditions include a significant difference in elevations <br />of the topography at the back of the subject property abutting the alley and the <br />front of the property on Wetmore Avenue. To require access from the alley <br />would result in complicated construction, including engineering and stormwater <br />control than if the access to the proposed garage were off Wetmore Avenue. <br />(findings 8, 10, and 11) <br />4. The location of the subject property between two clusters of multi -family <br />dwellings to the north and south and a significant multi -family structure <br />immediately east of the subject property creates a unique condition for the <br />Applicant that is not present in other properties. The uniqueness of the subject <br />0 <br />