6500 EVERGREEN WAY SPECIAL INTEREST AUTOBODY 2019-01-31

building. (Wexler Testimony; Muller Testimony) Planning Staff had no objection to this proposed revision. (Ingalsbe Testimony) 20. Regarding the recommended required landscaping to be installed between the use and the multifamily building to the west, the Applicant questioned the usefulness of this screening (recommended condition three), since the existing apartment building has very high windows that would not experience an improved view as a result and because there are no exits from the building to the area proposed for landscape screening. (Hedahi Testimony) Planning Staff noted that the owner of the multifamily building did not comment on the proposal despite having been sent notice and that the accessory structure adjacent to the apartment building has already been removed. Staff indicated that the requirement for landscaping there may not be triggered because the costs of improvements to the buildings would not exceed 35% of the value of the existing buildings. Staff noted that fencing could be appropriate in place of landscaping to provide a solid screen and that the Applicant may not park cars on the adjacent property. (Ingalsbe Testimony) 21. The Applicant noted that all auto repair and painting work would be performed inside and the proposed expansion would result in nine new jobs. Aside from the issues noted, the Applicant waived objection to the recommended conditions of approval. (Hedahl Testimony; Muller Testimony) 22. Considering all testimony and evidence up to and at the hearing, Planning Staff recommended approval subject to conditions of approval modified consistent with testimony on the record. (Exhibit 1; Ingalsbe Testimony) CONCLUSIONS OF LAW Jurisdiction Jurisdiction: The Hearing Examiner Pro Tem of the City of Everett has jurisdictional authority to hold a hearing and to issue the decision. That authority is set forth in EMC 15.16.100. Based on the above Findings of Fact, the Hearing Examiner Pro Tern enters the following Conclusions: Criteria and Standards for Review EMC 19.38.090.A - expansion of non-conforming building use criteria: (1) The impact of traffic generated by the proposed use on the surrounding area, pedestrian circulation and public safety, and the proposal's ability to mitigate potential impacts. (2) The site has sufficient lot size to provide for off-street parking, landscaping, and screening from adjacent uses.