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� ALLEGATIONS OF APPLICANT <br /> POINT 1. The following are �he special circumstances which apply to <br /> my property whi�h deprive me of rights and privileges which are en- <br /> joyed by other properties in the vicinity under the identical zane <br /> classi.fication. <br /> Steep slope faces immediately behind ap�licant's rear building line. <br /> Applicant built over an existing former foundation. Applicant, as <br /> explained on the first page of this petition, obtained all requested <br /> building permits from the City of Everett with his plat plan submitted <br /> before commencement of construction. Sr;ne time after ccmpletion of <br /> construction and occupancy of the 'uplex, the City of Everett advised <br /> applicant that the building encroache3 into the right-of-way of 49th <br /> Street 20 feet. Subsequently, applicant went through the vacatior. <br /> 9 <br /> procedures and vacated the south 20 feet of 49th Street. The right- <br /> of-way of 49th Street was 80 feet. Adjoining property on the east <br /> end of this property sits in the same position as applicant 's. Appli- <br /> cant could not obtain a correct survey from his surveyor because of <br /> inaccurate plat surveys in the Town of Lowell. He proceeded in qood � <br /> faith with the City' s approval and is completing, at the City 's request, �, <br /> this vacation and variance procedure. <br /> POINT 2 . The variance I am requesting will not be detrimental to the <br /> public welfare vr injurious to the properties or improvements in the <br /> vicinity of a zone in which my Property is located because: <br /> The former rigl�t-of-way of 49th Street was 80 feet and is now 60 feet <br /> in front of applicant 's Lot 10. The lot sits at a deadend street loca- <br /> tion ot both 49th Street and 4th Street. The City officials advised <br /> the applicant that neither 48th nor 4th Streets will be extended. Ac- <br /> cordingly, the former rignt-of-way wid'ch in that area �•�as gr.eatly in <br /> �� •cess of what waa needed by the City and the set-back as requested <br /> will be similar to the oroperty immediately East of Lot lU and would <br />