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for the proposed pool building. (exhibit 1, staff report, page 3; testimony of Mr. <br /> Ingatsbe) <br /> 13. The variance is the minimum necessary to allow the subject property the general <br /> rights enjoyed by other properties in the same area and zone as the subject <br /> property. The lack of buildable space in the back of the subject property creates <br /> the need for the variance. (exhibit 1, staff report, page 3; testimony of Mr. <br /> Ingaisbe) <br /> 14. The Everett Comprehensive Plan designates the subject property as 1.2, Single- <br /> Family Detached,five to ten dwellings per.gross acre. The use of the property <br /> with the pool building will not be in conflict with the goals and policies of the <br /> Everett General Plan. (exhibit 1, staff report, page 3) <br /> 15. The existing residence on-site was built prior tothe current ownership by the <br /> Applicant. In addition, the landscaping and the natural topographic constraints <br /> were established prior to the Applicant purchasing the property.. The grant of the <br /> variance is not the result of a self-created hardship. (exhibit 1, staff report, <br /> page 4) <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 /> 15.16.110.3.17. 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 /> (5) The granting of the variance is not inconsistent with the goals and <br /> policies of the Everett General Plan, <br /> 4 <br />