1814 112TH ST SE 2016-01-01 MF Import

1. CHAPTER 19.24 / B-1 Nei@hborhood Shoppin@ 7,on Specificnl]v 19.24.�"� iF) Variance to install a.eader Boprd 5'0" x 6'1" ,,J equnre feet. In Final Declaration of Non-SignificFlnce, ^EPA N82-60, dnted idovember 2,1982 peragraph 17 refere to City of Everett 7.onin� Code effective this date: "All eigne erected ehall be in compliance witti the C'.ty of F,verett Sign Code and the permieaible equare footage as stated in the P-1 Neighbornood 3hopping Zone, epecifically ae followa: One lighted or unlighted eign, not to exceed thirty equare feet in area placed on the property for which the identifying or advertising meeoage is intended. Lighted signs shall not be of flashing or animated character. No specific limitatlon on the placement or tyPe of advertieing sign appears, except that sign muet be "placed on the property". Size ie limited per the Code to 30 aquare feet per face. Flecement or type of advertieing sign do not appear in the SEPA �82-60 ae prepared by the City Planning Director becauee no such limited appeared in the Zoning Code. �ometimes after the SEPA Document wae prepared, without any advace notice +o the reotaurant developer, an9 having a copy of SEFA �82-60 on file rie p-epered by the Planning Director, for thie oubject property, the Plenning Co�miesion unelaterally approved a change in Section 19.24.0?_0(F). The Zoning Code ae ammended limited the type o£ eipne to wall or projecting and pole eigne to buildinge with multi-tenant occupanciee. 2. The Zoning Code in effect for D-1 zorie at the time the Planning Director prepared the Final Declaration of Non-Significence for approval of ii reetaurant at thie eite did not limit the li�cntion of advertiaing eigne. A eign was not restricted to buildingo with mulit-tenant occupancies. Application of the ammended Zoning Code to this eite ie to change conditions and add rPatrictione not contained in the SEPA a82-60 or the Everett Zoning Code on November 2,1982. Reatricting the placement and type of advertieing eign deprivee the property owner of a right and privilege prPviously enjoyed by hie and the uther property ownere in the D-1 zone. A choice o£ placement and type of advertieing aign wae al.lowed under the conditione as Aet forth in the SEPA Document and the Everett Zoning Code. 3. The varience requ��eted will r.ot be detrimental to the public wellfare or injurioue to the propertiee in thA vicinity of the zone in which the property is locatrd. Other commercial ueea exist with eigno on all +.he �djoining propertiee except the property l�cated directly to the Weet of this site. Oleone Shopping Center with numeruus buildinge and bueineesee is directly North ncroes the etreet. 4. Denial of thie variance will create an unneceeeary, continuing economic liardehip for the ownere oY thie property nnd busine�s. The cause of this hardship ie beyond the ownere control because ammendmente to the 7,oning Code, reetrictin� the plecemer.t of the eign were made after the eite evaluation wes prepered by the Planning Ccmmieeion without hie knowledge or consent. 5. Grenting of thie veriance ie not e�pecial priviled�e becauee the right to choice of t,ype of advertieinn �i€n eaisted as the time the site wes approved for conatruci�,ion of � rest:�urnnt.