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�� <br />[T1 � <br />p � <br />C <br />7 H <br />t� �H <br />K <br />H <br />� N <br />� y <br />°z n <br />H tQ <br />c� - <br />t� y <br />H <br />� <br />C <br />H <br />N <br />3 <br />H <br />z <br />0 <br />'a <br />H <br />� <br />0 <br />O <br />� <br />z <br />H <br />O N <br />(�j C1 N <br />� �9 r"a <br />zyv+ <br />H O N <br />'s� <br />'v w <br />� es <br />Gregg Ortega <br />,�ppeal 8-92 <br />Page -2- <br />L. Itemized List by Greg Ortega Showing Proposed 1992 Addition Costs <br />M. EMC 13.68 <br />N. Appraisal Dated May 2, 1988 by Harvey White <br />Subsequent to the hearing the following exhibits were submitted and admitted as part of <br />the official record of this proceeding: <br />C. Closing Escrow Statement dated November 30, 1989, Submitted bylhe Appellant <br />P. Memo to James Driscoll dated November ?4, 1992, from Craig Fulierton, Public <br />Works Department <br />After due consideration of the testimoi ;� and evidence presented by the Appellant, <br />testimony and evidence elicited during ihe public hearing; and as the result of the personal <br />inspection of the subject property and surrounding areas by the Everett Hearing Examiner, <br />the following findings of fact and conr,lusions constitute the basis of the decision ef the <br />Everett Hearing Examiner. <br />FINDINGS OF FACTS <br />1. The Appellant is the lessee of Sporty's Beef and Bre�v, a restaurant and tavern <br />located at 6503 Evergreen Way, Everett, Washington. The property was purchased <br />in November, 1989, by its current owner. Prior to th�a purchase, the property was <br />developed and used as a piva parlor. <br />2. On October 31, 1989, the Appellant obtained a building permit from the City of <br />Everett for the remodel of the building on-site. At the time of that remodel <br />application, the Appellant indicated to the City that the amount of work to be done <br />on-site would be $25,000. The City determined that this stated amount was less <br />than 50% of the fair market value of the property and thus did not require street or <br />alley improvements at the owner's expense. The City relied on the 1987 Snohomish <br />Counry Tax Assessments of the subject property. The Everett Municipal Code <br />(EMC) 13.68.020 allows the City to require improvements to public streets and <br />alleys if additions, alterations, or repairs within any twelve-montn period exceed <br />50% of the current market value of the existing property. <br />3. The total cost of repairs made by the Appellant during the 1989 remodel was <br />$73,423. The City suhmitted that because of the costs of the extensive remodel, as <br />compared to the subject property's value, street improvements should have been <br />r2quired as part of the 1989 building permit. <br />