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II, <br />SEP 1 9 1989 <br />CITY OF EVERETT <br />Public Works Dept. <br />R"AFFIRMATION OF <br />BOARD OF ADJUSTMENT <br />FINDINGS, CONCLUSIONS AND ORDER <br />VARIANCE NO. 17-89 <br />Based upon the written request for a variance from the City's <br />zoning code by: <br />Baxter Fisher, Inc. <br />2600 34th Ave. W. <br />Seattle, WA 98199 <br />Hereinafter referred to as "Applicant," for a variance <br />from E.M.C. 19.12.060, to allow a covered walkway that would be <br />twenty feet above the average elevation at the foot of the <br />structure instead of the fifteen feet allowed by code. <br />On the following described property: Lot 6, Block 3, Shore <br />Acres Addition EXCEPT the east 20 feet thereof and along with <br />easements for ingress and egress. <br />Commonly known as: 5048 33rd Ave. W. <br />The Board of Adjustment, following a public hearing on said ap- <br />plication held on September 11, 1989 and further having reviewed <br />all testimony, makes the following Findings, Conclusions and <br />Order: <br />o a I AL6141, •, <br />FINDING NO. 1: The legal advertisement placed in the newspaper <br />inadvertently omitted the portion of the variance request de- <br />scribed above. The error was discovered prior to the hearing on <br />August 7, 1989, and a corrected notice was placed in the <br />official newspaper and also mailed to property owners within <br />three hundred feet. The notice appeared in the newspaper five <br />days before the hearing instead of the seven days required by <br />code and the Applicant has requested a rehearing in order to <br />correct this procedural error. <br />CONCLUSION NO. 1: In order to correct a procedural error, the <br />Board needs to rehear the portion of the variance approved on <br />August 7, 1989, in regard to the height of the covered walkway. <br />FINDING NO. 2: The findings and conclusions of the Board of Ad- <br />justment Order dated August 7, 1989, were reviewed by the Board <br />and there was no new testimony presented either for or against <br />the request. <br />CONCLUSION NO. 2: There was no change to the findings and <br />conclusions of the Board of Adjustment Order of August 7, 1989. <br />NOW, THEREFORE; the Board of Adjustment of the City of Everett <br />hereby reaffirms Variance No. 17-89 granted on August 7, 1989. <br />DATED this llth day of September 1989. <br />Everett Miller <br />Chairman, Board of Adjustment <br />