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

� H �q H G N 7 H N r K � o m o h7 M �V N N tq O � H O °n n o M �q O c� • nq � H ttl O N y O M (� C I� �C9 � H O N I�� �� w �, ; � �► Gregg Ortega Appeal 8-92 Page -4- 5 t ee1992 bu Iding pe hmit requ st of hIe Appelh nPwilPl� n acm e ceed 50%Pof the fa r� 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. DECI ION 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 foot addition to Sporty's Cieef & Brew at 6503 Evergreen Way, Everett, Washington, is hereby reversed. The City cannot impose a requirement for street improvements because the value of the proposed 1987 improvemenis does not exceed the 50% fair market value of the property. The City does not have authority pursuant to EMC Chapter 13.68 to accumulate :he value of improvements permitted by more than one building permit in order to require street improvemen:s. The key ordinance for this appeal is EMC 13.68.020. This ordinance reads: No building p2rmit 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 anv twelve-month aerind, which exceeds 50% of the current market value of the existing building o� facility on the property, unless or until the public streets and alleys upon which the same abuts shall be improved at the owner(s) expense in accordance with the following reGuirements: (emphasis added) The City is prohibited from seeking streei improvements for the 1989 building permit. Although the City relied upon tax assessment records of the property, it failed to prove what the fair market value was in 1989 at the time of ihe building permit application. The City submitted that the 1987 tax assessment of the building on the subject pruperty was $109,900, 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 iwo reasons.