6503 EVERGREEN WAY SPORTYS BEEF AND BREW 2018-01-02 MF Import

ttl ~ �a R7 y 7 H f~!� i K � omo h7 N �U N H � H � �c�no c� • n zyy� r N y � � N r :y H O tN» i'•� �.,.� : �� �Y �� I � � � � EXFIZBI� S'I'APF STA'CEMENT: During 1989 a remodel to ihe pizza restaurant building at 6503 Evergreen Way was done by Greg Oriega,converting it to what is now known as Sporty's Beef & Brew. A construction permit was obtainecl by Mr. Orlega on wl»ch he stated the contract price of work to be $25,000 (see Exhibit "C"). The valuation of the existing building, based an the Tax Assessor's 1987 records was �109,900, (see Exhibit "K"). $25,000 worth of work would not be a consideration for street improvements under EMC 13.68 because it seemed to be less than 50% valuation of the existing building on the site. Therefore, at that time, no requirement was made for street improvements in con�unction with the building permit as requirecl by Section 13.68.020 in the Everett Municipal Code. However, during construction of the 1989 remodel of the building an acwal $73,423 was spent (see Gxhibit "H"). This $73,423 is much greatcr than 50°l0 of the $109,900 valuation. Therefore, street improvemen[ should have been constructed at that time. The present proposal has a valuation of �33,799 (see Exhibit "L ). This work would not �� nonnally fall mro considention for application of Ordinance 555-78 due to the fact that the present valuation of the building is $219,200 (see Exhibit "I"). The $33,799 is much less than 50% of the $219,200 valuation. Therefore, the applicant feels that the street improvement o�clinance cannot be applied to this proposed addit�on. The Public Works Department should have required stree[ improvements in 1989 in accordance with the Everett Municipal Code and would have required the improvements if the applicant had provided the City with accunte data at the time of building permit application. It is the City's position that the existing business is presently in violaron of the Everett Municipal Code. Chapter 13.68.060 requires that no building permit oe issued until street improvements are completed or a performance guarantee is provided to ensure completioii of the required improvements. The applicant is required to complete the improvements wiUiin a reasonable time after notice is given by the Ciry. It is the City's opinion that the application of Chapter 13.68 of the Everett Ivlunicipal Code does not have an expintion period for compiiance and just because the City failed to require ini[ial application based on inaccurate information submitted by the applicant does not vo�d the applicant's responsibiliry for compliance. The City is providing direchon to the applicant that svect improvements are and have been a requirement of his development. No othe:• permit activity will be pennitted until such time as the City can be assured that street frontage improvements w�ll be installed. In addition, the applicant is presendy in violation of the code and should be required to instali street improvements regardless of future additional permit activity. The applicant cannot meet the conditions of Chapter 13.68.070 which are necessary to obtam a variance.