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. • • <br /> 13. The variance is necessary because the site is not large enough to meet parking <br /> standards but is adequate to meet the parking demands. With the development <br /> of the abutting property as a parking lot and the retention of the existing four <br /> spaces on-site, the parking wiil generally conform to what has existed on-site for <br /> years. These are extraordinary circumstances to warrant a variance. The <br /> variance will not grant the subject property rights that other properties in the area <br /> do not have. It authorizes a parking scenario that has been used for years and is <br /> consistent with the demands of the neighborhood. (exhibit 1, staff report, page 2; <br /> testimony of Mr. Ingalsbe) <br /> 14. The grant of the variance is the minimum necessary to allow the subject property <br /> general rights for parking and development. (exhibit 1, staff report, page 2) <br /> 15. The grant of the variance is not inconsistent with the goals and policies of the <br /> Everett General Plan which designates the subject property as 4.4 Mixed Use <br /> Commercial. With the parking that is proposed, the structure can provide <br /> multiple uses, including residential use, as well as retail and wholesale uses. <br /> (exhibit 1, staff report, page 3; testimony of Mr. Ingalsbe) <br /> 16. The requested variance is not the result of a self-created hardship. (exhibit 1, <br /> staff report, page 3) <br /> CONCLUSIONS OF LAW <br /> Jurisdiction <br /> Jurisdiction: The Hearing Examiner of the City of Everett has jurisdictional authority to <br /> hold a hearing and to issue the decision. That authority is set forth in EMC <br /> 15.16.110.A.17. Based on the above Findings of Fact, the Hearing Examiner enters the <br /> following Conclusions: <br /> Criteria and Standards for Review <br /> EMC 19.41.130.0 <br /> (1) The variance will not be materially detrimental to the property in the <br /> area of the subject property or the City as a whole. <br /> (2) The variance is necessary because of exceptional or extraordinary <br /> circumstances regarding the size, shape, topography or location of <br /> the subject property; or the location of a preexisting improvement on <br /> the subject property that conformed to the zoning code in effect <br /> when the improvement was constructed. <br /> (3) The variance will only grant the subject property the same general <br /> rights enjoyed by other property in the same area and zone as the <br /> subject property. <br /> (4) The variance is the minimum necessary to allow the subject property <br /> the general rights described in Criteria 3 above. <br /> 4I � � <br />