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28. The nature of callufar activity necessitates that height be achieved in order <br />to provide the intended service. The subject property was selected in <br />order to make the maximum use of the existing dense buffer oi evergreen <br />trees in the area, white being a location thai �vould be an effective area for <br />a cellular cell for the transmission of sipnals. (Exhibit 1, Hunt testimonyj <br />29. The requested variance will not be detrimental to the properties in the <br />area or to the Ciiy as a whole. It will be compatible with other uses and <br />will rci significantly impact any of ihe adjoining properties. (Exhibit 1, <br />Siddiq testimony) <br />30. Because of the location of the mature trees, the location of Interstate 5 <br />and the need for the cellular colls, the variance is necessary. (Exhibit 1, <br />Siddiq tesfimony) <br />31. In addition to a height variance, the Applicant must also secure a varianc : <br />from the mi�imum setbacks. The sar,^,e variance criteria as set forth in <br />finding 27 apply. <br />32. A City sanitary sewer easement is immediately west of the site, and the <br />proposed facility is proj�^cted to be sandwiched between Int�rstate 5 and <br />the easement. As a rer ult, a reduction of the seibacks is necessitated. <br />The setback of six feet S'rom the east property line and 16 feet from the <br />closest residential struciure allow the development to occur. The <br />circumstances of limited space, as well as the topogr3phy cf the site and <br />the location of the freeway, necessitate the variance. (5iddiq testimony) <br />33. The variance is needed in order for the site to be developed in a manner <br />that will provide ihe proposed service. (Hunt testimony) <br />3A. An adjoining property owner submilted testimony in opposition tp the <br />proposal. The witness te�Csfied that he was concerned about the <br />microwave fields from the facility and that it was not an attractive <br />development. He submitted that he was uncomfortable with the <br />proposed development. he wa� ais� concerned about any extensive <br />screening and what it may do to limit his view. (Urdahl testimony) <br />Juris�iction: The Nearing Examiner of fhe Cify ot Everett has jurisdicliona! <br />authority to hola a hearing and to iss��e ihe decision. That authurity is set forth <br />in EMC 2.23.9�0. Based on the above findings, the Hearing E.xaminerenters <br />the following conclusions: <br />