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FINDINGS AND CONCLUSIONS: <br />Criturion No.1: <br />That the variance is necessary becaus� of exceptional or extraordinary <br />circumstances regarding the size, shape, topography, or location of the sut�ect <br />properry; or the Ic�cation of a pre-existing improvement on the subject properc� <br />that conformed to the zoning code in effect when the improvement was <br />constructed. <br />a. Findings: The applicant has stated that the retaining walls are <br />necessary due to the limited buildable area on site, creat�d by the <br />steep slope which exists on the north side of the property. Also, the <br />applicant has stated that the elevation of the house needed to be <br />such in order to meet the City's requirement to provide a gravity-line <br />hook-up to a shallow stortn drain, and that Wall 2 will help to reduce <br />the vulnerability of the storm sewer drain line. Lastly, the applicant <br />has stated Wall 2 will help redur,e the steepness of the driveway onto <br />the subject site. <br />The City finds that the subject site is encumbered by steep slope <br />areas on the north side of the property, as shown on the recorded <br />environmentally sensitive area map (See Exhibit #3). Although the <br />site contains steep slopes, the surrounding properties experience <br />similar circumstances and limitations, and have all been developed <br />with single family residences without the benefit of a variance. <br />The City of Everett Public Works Department issued a Public Works <br />Permit on October 10, 2001 for the development on site (See Exhibit <br />#9). Condition #6 of the approved permit was that the line from the <br />applicant's side of the street to the other side of the street be gravity, <br />however the City did not require the entire site to be a gravity-line. <br />Pumping was permitted from the lower side of the house up to the <br />drain in front of the house. The City Public Works Department has <br />expressed that 3 feet of cover over utility lires should be adequate to <br />reduce their risk of damage. <br />b. Conclusions: The subject site does contain steep slope areas on the <br />north side of the property, however the subject walls have been <br />constructed on the south and southwest portion of the property. A <br />single family residence has been approved for construction on site <br />which meets all other zoning code requirements including setbacks <br />and height limitations. The City concludes that there are no <br />exceptional or extraordinary circumstances existing on the subject <br />property that make the subject retaining walls necessary. <br />Criterion No. ?.: <br />That the variance will not be materially detrimental to the property in the area of <br />the subject property or to the City as a whole. <br />a. Findings: The applicant has stated the placement of Wall 1 along <br />the western property line exceeds the minimum 5 foot side setback <br />required by City code. Landscaping would be provided along the � <br />side setback in order to improve the look of the property. Wall 2 does <br />9 <br />