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xC"H-7 <br />�9H <br />,oxx <br />C," H <br />9Hcn <br />y � r�i <br />� H� <br />"�rJ H'TJ <br />NH <br />�i o � <br />OHd <br />��g <br />c� � o <br />�H� <br />HH <br />gN <br />o C t�i� <br />��� <br />z y a� <br />HO� <br />� <br />Fioward Johnson <br />Page -2- <br />After due consideration of the testimony and evidence presented by the Applicant, <br />testimony and evidence eiicited during the public hearing; and as the result of the personal <br />inspection of the subject Froperty and surrounding areas by the Everett Hearing Examiner, <br />the following findings of fact and ccn�lusions constitute the basis of the decision of the <br />Everett Hearing Examiner. <br />FINDINGS OF FACT <br />The Applicants requested approval of an expansion of a nonconforming building <br />and use and for a Soecial Property Use Permit for a structural addition of 186 <br />square feei to an existing 2,800 square foot dental clinic at 1426 - 35th Sireet, <br />Everett, Washington. <br />?_. The subject property is an 11,520 square foot parcel of land th2t is zoned R-4 Multi- <br />Famiiy High Densily t�esidential. The Everelt General Plan designation of the <br />subject property is Multi-Family, 20 - 50 Dwellings per Gross Acre. <br />3. The Everett Municipal Code (EMC) 19.13.010 aliows clinics and mixed use buildings <br />in a multiple-family dweiling. However, the clinics must encompzss only 35% of the <br />gross floor area while the remaining 65% is to be used for multi-family dwellings. <br />These standards and regulations are pursuant to the Everett Zoning Code (19.89). <br />The structure on the subject property was developed and in use as a dental clinic <br />prior to the adoption of the Zoning Code and is considered a nonconforming building <br />and use because no multi-family dwellings exist on-site. <br />It is the intent of the Applicant to expand the building in which the ctinic is located <br />an additional 186 square feet. The proposal includes an 80 square fooi addition <br />under the existing roof overhang and an 106 square foot addition for mechanical <br />equipment and storage. <br />by <br />Expansion of nonconforming uses is governed by the provisions of EMC <br />19.38.040.D. Tfie criteria for review for the expansion of the nonconforming use is <br />set forth in EMC 19.38.A & B. These criieria include: <br />a. The impact of traffic generated by the prcposed use on the surrounding <br />pedestrian circulation and public safety, and the proposal's ability to mitigate <br />potential impacts. <br />b. Has su�cient lot size to provide for off-street parking, landscaping, and <br />screening from adjacent uses. <br />Provides a service to the general area. <br />area. <br />