Laserfiche WebLink
EMC 13.16.110 - Unusual conditions <br /> The city council is authorized to grant, in writing, variances from the regulations and <br /> requirements of this chapter, providing they first determine that the following conditions <br /> are present: <br /> A. The variance requested arises from peculiar physical conditions not ordinarily <br /> existing in similar districts in the city or is due to the nature of the business or <br /> operation upon the applicant's property; <br /> B. That the variance requested is not against the public interest, particularly safety, <br /> convenience and general welfare; <br /> C. That the granting of the permit for the variance will not adversely affect the rights <br /> of the adjacent property owners or tenants; <br /> D. That the terms of this chapter will work unnecessary hardship on the applicant, <br /> property owner or tenant. (Prior code§ 13.36.110) <br /> CONCLUSIONS BASED ON FINDINGS <br /> 1. EMC 19.33G.050.B.1 establishes that sites abutting alleys are required to gain <br /> vehicular access from the alley and that no driveway access from the public <br /> street is allowed. Michael and Terri Brashler are the property owners at 3514 <br /> Wetmore Avenue, Everett, Washington 98201. The property, zoned R-3 Multiple <br /> Family Medium Density and Core Residential Area, is developed with a single- <br /> family residence. The Applicant seeks a variance from the provisions of the Core <br /> Residential Development Standards, EMC 19.33G.050.B.1. in order to have <br /> street access for a new garage. <br /> 2. EMC Chapter 13.16 establishes standards for properties that are in a Core <br /> Residential Area. The subject property is zoned R-3 Multiple Family Medium <br /> Density and Core Residential Area. In 2008 parking and vehicular access <br /> standards were enacted. Included in these standards was that properties that <br /> abut an alley must have vehicular access from the alley and not the street. The <br /> Applicant seeks a variance from that standard pursuant to EMC 13.16.110. <br /> (finding 4) <br /> 3. The requested variance to have vehicular access off Wetmore Avenue arises in <br /> part from physical conditions not ordinarily existing in similar districts in the City <br /> of Everett. The physical conditions include a significant difference in elevations <br /> of the topography at the back of the subject property abutting the alley and the <br /> front of the property on Wetmore Avenue. To require access from the alley <br /> would result in complicated construction, including engineering and stormwater <br /> control than if the access to the proposed garage were off Wetmore Avenue. <br /> (findings 8, 10, and 11) <br /> 4. The location of the subject property between two clusters of multi-family <br /> dwellings to the north and south and a significant multi-family structure <br /> immediately east of the subject property creates a unique condition for the <br /> Applicant that is not present in other properties. The uniqueness of the subject <br />