2127 120TH PL SE 2016-01-01 MF Import

BOARD OF AD.7USTlQ+NT FINDINGS, CONCLUSIONS AND ORDER VARIANCB NO. 24-88 Based upon the written request for a vari.anc� from the City's zoning code by: C;ordon Hanks 2127 120th P1. S.E. Everett, WA 98204 hereinafter referred to as "Applicant," for a variance from E.M.C. 19.42.020(8), to allow construction of a ten foot high fence in the rear yard instead of the six feet permitted by code. On the following deFcribed property: Lot 8 and the east half of Lot 7, Hanson�t: Addition to Silver Lake. Commonly known as: 2127 120th P1. 5.�. Block 2, The Board of Adjustment, following a public hoaring on said application held on Auqust 1, 1988, and further havinq reviewed all testimony, makes the following Findings, Conclusions and order: F3i:l� � . ,h h� , tl • , Criterion No,,�;. That there have been exceptional or extraordinary circumstances r•^ conditions apply'_nq to t)�e subjEct property or as to the in- t�»ded usa thereof that do r.ot apply generally to other properties in the same vicinity or zone. a. Findina: The subject property is a 280 foot by 146 foot lot with an exietinq sinqle family residence in an R-1 zone. A 260 unit apartment complex is under construction adjacent to the subject property on the north. The apartment complex consiats of a series of three story buildings and two of those three story buildinqs will overlook the applicant's rear yard. The developer of the apartments, the Muellc+r Group, haa aqreed to construct a ten foot high fence adiacent to the applicant's rear property line in order to lessen ':he impact of the three story buildinqs. b. Conclusion: The location of thb apartment complex adjacent to the applicant�s residence is the unusual circumatances applying to the subject property. ��3'-3� • � , • That such variance is necessary for the preservation and en- joyment of a substantial property riqht of the appellant pos- sessed by the owners of other properties in the same vicinity or zone. a. Findina: Most other properties in R-1 zones do not have three story apartment buildinqs adjacent to their rear yards and so granting ttiis varia�ice will allow the applicant some meaeure of privacy in their rear yard as enjoyed by most other single family residences in R-1 zones. b. Conclusion: Grantinq this variance will allow the applicant a property riqht possessed by others in the vicinity and zone.