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ri,�. <br /> �" <br /> + r� :'lx' <br /> . �y �� _„_o.. <br /> ,., :,�.. � �.� <br /> '"�'��j.`"'��� <br /> PLAI�NING DIRECTOR DETERMINATION - <br /> Expansion of Non-conforming Building Setback <br /> Review Process II #00-009 <br /> INTRODUCTION: The �ity of Everett Planning Department has received an application from Homestead NW <br /> Inc., P.O. Box 409, Lynden, WA 98264-0409, to expand a home along an existing legal non-conforming front <br /> setback. Due to fire damage the former house at this site was removed and a new house is proposed along the <br /> existing footprint. The pre-existing house had a 7.3' setback from the front property linu. The expansion would <br /> continue eight feet (8') to the east along this 7.3' setbar,k line. Section 38.040 allows for the Pianning Director <br /> to allow for the expansion of a struct�re which does not meet required setbacks, provided that the expansion <br /> does not mal<e the setback more nonconforming; that the expansion complies with all other requirements of <br /> the zoning ordinance; and that the nonconformity has been certified by the Planning Department. <br /> BACKGROUND: The property is located in the R-2, Single Family Detached Medium Density Zone. The <br /> required setback is 20' from a front property line for single family residences. Thehouse which was existing on <br /> site was destroyed in July 1999 by fire. Prior to the fire the house was surveyed as being 25' wide by 38' deep <br /> and 950 sq.ft. in area, and having only a 7.3' setback from the front (south) prope�ty line. According to i <br /> Snohomish County Assessor's i�ecords this structure was built prior to date of annexation, in this case 1962. <br /> This structure is considereJ legal non-conforming or "grandfathered" as it predates the �ity's zoning code <br /> requirement for structures to have a minimum setback of twenty feet (20') from the front property line. The <br /> applicant proposes to make an eight-foot addition to the new home, which will be constructed at the <br /> nonconforming setback line. <br /> FINDINGS: The existing home has been certified as legal nonconforming related to setbacks (NCB #00-015). <br /> The applicant proposes to make an addition of 8' along the eastern side of the proposed new home. The new <br /> structure including addition will have an eight-foot setback from the front property line and will not create any <br /> further non-conformities than presently exists. i <br /> DECISION: The Planning Director has determined to allow for the proposed addition to the new home with <br /> eight foot setback fro�n the front (south) property line with the following conditions: <br /> • Necessary building permits are to be obtained by the applicant from the City of Everett's Building <br /> Department. <br /> . The accessory building shali not be used as Iiving space. Continued use of the accessory building for <br /> living purposes will require the use to be certified as a nonconforming use. If no non-conformir�g use <br /> certification is approved, the applicant must submit a written statement affirming that the building will not be <br /> used for living purposes. This is to be done at time of submittal for building permits. <br /> • All other zoning code requirements shall be met on site, inciuding building setbacks, height restrictioris, and <br /> maximum lot coverage. <br /> Right to Appeal: The a�plicant or an owner of property located adjacent to the subject property mayappeal the <br /> Planning Director's determination as to whether or no` the proposal shouid be permitted. Any such appeal <br /> must be filed within fourteen (14) calendar days of the date specified below. Appeal forms are available from <br /> the Planning Department and must be submitted along with the required filing fee. For more information <br /> concerning this determination, contact Becky G/�les at t e lanning Department (425) 257-8731. <br /> , .h�L <br /> � . /— <br /> Signed: n ' � Date: � Z � �'� <br /> .% / <br />