3321 52ND PL SW 2016-01-01 MF Import

appear to encroach 2 feet 8%z inches into the City's right-of-way, however it should not disrupt any City improvements. Both Wall 1 and Wall 2 were engineered to plan specifications, and were inspected by a geotechnical engineer with Nelson Geotechnical Associates, Inc. b. Conclusions: The City provided written notice to all property �wners within 300 feet of the subject site. Several letters were received by the City from neighboring properry owners both in support and opposition of the proposed variance; they have been included as exhibits #10-13. Although Wall 2 may encroach into the City's right-of-way any questions or concems related to development within the right-of-way should be directed to the City of Everett Public Works Department. Based upon a brief discussion with public works staff, there does not appear to be a problem with Wall 2's location within the City right-of- way at this time. Criterion No. 3: That the variance will only grant the subject property the same general rights enjoyed by other property in the same area and zone as the subject property. a. Fin�dings: The applicant has stated that many property owners along 52 Place S.W. have retaining walls over 36 inches in height within the front 20 foot setback, which manipulate the front yard topography to provide a more pleasing entrance and level yard area. Upon review of the Ciry's permit database, no applications for retaining walls over 36 inches in height within setbacks were found for properties immediately surrounding the subject site. b. Conclusions: Although several retaining walls exceeding 36 inches in height may exist on neighboring properties it has not been determined that they are located within setback areas, as is the case with the subject property. Criterion No. 4: That the variance is the minimum necessary to allow the subject property the general rights described in Criterion 3. a. Findinys: See Criteria #�. b. Conclusions: See Criteria #3 :�n No. 5• The gra�ting of the variance is consistent with the goals and policies of the Everett General Plan. a. Findings: The Everett General Plan designates this property as 1.1, Single Family Detached, 3-5 Dwellings per gross acre. 3��