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��� <br />� <br />i0 p <br />C M <br />7 H N <br />r <br />� � � <br />o m o <br />b M M <br />N M <br />� z <br />� q � <br />°x n o <br />H CC Q <br />c� • nq <br />5 H 3 <br />� y z <br />H H <br />°n o N <br />�r5r <br />zyv�i <br />H O N <br />i <br />i �e oa' <br />�� <br />Gregg Ortega <br />Appeal 8-92 <br />Page -2- <br />L. Itemized List by Greg Ortega Showing Proposed 1992 Addition Costs <br />M. EMC 1?.68 <br />N. Appraisal Dafed May 2, 1988 by Harvey White <br />Subsequent to the hearing the following exhibits v+ere submitted and admitted as part of <br />the o�cial record of this proceeding: <br />O. Closing Escrow Statement dated November 30, 1989. Submitted by the Appellant <br />P. Memo to James Driscoll dated November 24, 1992, from Craig Fullerton, Public <br />Works Department <br />After due consideration of the testimony and evidence presenied by the Appellant, <br />testimony and evidence elicited during the 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 conclusions constitute the basis of the decision of the <br />Everett Hearing Examiner. <br />FINDINGS OF FACTS <br />� j 1. The Appellant is the lessee of Sporty's Beef and Brew, a restaurant and tavern <br />� 19cated at 6503 Evergreen Way, Everett, Washington. The prope� �y was purchased <br />in November, 1989, by its current owner. Prior to the purchase, the property was <br />developed and used as a piva parlor. <br />r � <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°/a 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 />County 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-month 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 remodol was <br />$73,423. The City submittad that because of the costs of 1he extensive remodel, as <br />compared to the subject property's value, street improvements should have been <br />required as part of the 1989 building permit. <br />