1514 50TH ST SE 2016-01-01 MF Import

Based upon a review of the above record, the Following Findings of Fact and Conclusions hereby constitute the basis of the decision of the Everett Hearing Examiner. FINDINGS OF FACT The Applicant requested approval of a permit to construct an 864 square foot detached garage that would be constructed to a maximum height of 19.5 feet on property ai 1514 - 50th Street SE, Everett, Washington. i he Everett Municipal Code (EMC) 19.7.020.H limits the height of detached garages to 15 feet. However, EMC 19.7.020.K allows for exceptions to this height standard if certain conditions exist. (exhibit 1, staff reporf; ingalsbe testimony) The subject property is zoned R-1, Single-Family Detached Low Density. It has a Comprehensive Plan designafion of 1.2, Single-Family Detached which allows five to ten dwelling units per gross acre. (exhi6it 1, staff report) 3. The subject property is a corner lot that is developed with a one-story brick residence that was constructed in 1955. It is on an 8,276 square foot lot. There is a garage in the basement of the residence, but it is limited because of its design. The basement garage is 634 square feet in ar�a. (exhibit 1, staff report; Ingalsbe testimony; Russell/Anderson testimony) �. The Applicant has proposed a 19.5 foot tall garage that would be 864 square feet in area. The garage would have access to the alley. (exhibit 1, staff report) 5. EMC 19.7.020.B sets forth that the combined total square footage of all accessory buildings, whether attached or detached, shall not be more than 15% of ihe total lot area, or 1,000 square feet, whichever is less. The total square feet of the subject property is 8,276 square feet. 15% of that area is approximately 1,241 squa�e feet which is significantly greater than 1,000 square feet. Accordingly, the detached garage on-site cannot be more than 1,000 square feet�. (exhibrf 1, staff report) The roof pitch would be approximately 6/12 which is simi�ar to the pitch of the residence. The siding would be grooved shingles, but brick would be used on a portion of the wesi facade. (exhibit 1, staff report) ' It appears that the caiculations used by the City in determining the allowed square footage of 866 square feet for the detached garage are in error. A review of EMC 19.7.020.B shows that the staff report is in error when it states that EMC 19J.020.B limits the area of aIl accessory structures to 15°/a o( the total area, "up to a maximum of 1,000 square feeC'. As cited above, EMC 197.020.8 does not state this. It simply sets forth that the square footage area of a detached structure subject to height restrictions shall be le:;s than 15% of the total area or 1,000 square feet, whichever is less. Why the City calculated the fic�ures and detennined that the square footage of the proposed structure had to be 866 square feet is unclear �rom the record. Suffice to s2y, the structure may be up 1,000 square feet but can be no bigger. 2