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

y H � � IO C C H 7 H N r K n H � °v � °m N H H C�E y °anc H M O H� a t+ y � N y O N n O N � ro r� z y m H O �/1 , � o �`, �� Gregg Ortega Appeal 8-92 Page -4- 5. There has been no siinwing by the City that the proposed improvements pursuant to the 1992 building permit request of the Appellant will, in fact, exceed 50% of the fair market value of the property. 6. The City does not have administrative authority, pursuant to EMC Chapter 13.68, to accumulate the value of improvements made on a single piece of property over a period of years in order to require street improvements. DECISION Based upon the preceding findings of facts and conclusions and the testimony and evidence submitted at the public hearing, it is hereby ordered that the City's administrative decision requiring street improvements pursuant to the August 5, 1992, building permit application for an 840 square foct addition to Sporty's Beef & Brew at 6503 Evergreen lNay, Everett, Washington, is hereby reversed. The City cannot imp�se a requirement for street improvements because the value of the proposed 1987 improvements dees not exceed the 50% fair market value of the property. The City does not have authority pursuant to EMC Chapter 13.68 to accumulate the value of improvements permitted by more than one building permit in order to require street improvements. The key ordinance for this appeal is EMC 13.68.020. This ordinance reads: No building permit shall be issued by the City for construction of any new building or facility of any kind or description, or in connection with any additions, alterations, or repairs within any twelve-month period, which exceeds 50% of the curren market value of the existing building or facility on the property, unless or until the public streets and alleys upon which the same abuts shall be improved ai the owner(s) expense in accordance with the following requirements: (emphasis added) d� j , The City is prohibited from seeking street improvements for the 1989 building permit. Although the City relied upon tax assessment records of the property, it failed to �rove I�. a what the fair market value was in 1989 at the time of the building permit application. � The City submitted that the 1987 tax assessment of the building on the subject property was $ i0�,900, and, because the actual improvements made by the Appellant were $73,423.82, it determined that the actual costs exceeded the fair market value of the property. The City's argument fails for two reasons.