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Lessley Construction <br />Variance 9-86 Page -3- <br />A. That there are exceptional or extraordinary <br />circumstances or conditions applying to the <br />subject property or as to the intended use <br />thereof, that do not apply generally to other <br />propert�es in the same vicinity or z�nes; <br />B. That such variance is necessary for the <br />presecvation and enjoyment of a substantial <br />property ciyht of the Applicant possessed by the <br />owr.er of other properties in the vicinity or zone; <br />C. That the authorization of such variance will not <br />be mat:erially detrimental to the public welfare or <br />injuri�us to property in the vicinity or zone in <br />which che property is located; <br />D. That the granting of such variance will not <br />adversely affect the Comprehensive General Plan. <br />(Everett Municipal Code) <br />9. The lots in Willow Creek that are in the a4neral <br />vicinity of the subject property are orientated to the <br />south by the establishment of their setbacks, while the <br />subject property was ocientated in an east/west <br />direction. This establishment of setbacks of the <br />subject property diminished the potential views of the <br />site and lessened the potential solar benefits through <br />development of the lot. The re-orientation of the lot, <br />as requested by the Applicant, will enhance the use of <br />the site. (staff report, Doughty testimony) <br />10. The granting of a variance will not be detrimental to <br />other properties in the area. It will not obstruct any <br />views. (Douqhty testimony, Lessley testimony) <br />11. The City of Everett issued a Building Permit �to the <br />Applicant to construct the residence on the subject <br />property with a 6' setback from the north property line <br />and a 20' setback from the east property line. The <br />Applicant may have a vested interest to develop the <br />property according to the Building Permit. (Poughty <br />testimony) <br />12. The Everett Planning Department has recommended approval <br />of the vari�nce subject to the following conditions: <br />