7826 TIMBER HILL DR 2020-05-21 - Laserfiche WebLink

Exhibit 14 Email from Teresa Firnstahl dated October 28, 2010 with photo Exhibit 15 Planning Director Interpretation PDI#10-001 dated December 15, 2010 Exhibit 16 Snohomish County Assessor Records dated April 1, 2011 Exhibit 17 Go Sync Map Exhibit 18 Exhibit List dated May 5, 2011 Exhibit 19 Photographs of Various Everett Properties submitted by Beto DeLeon Exhibit 20 Photographs of Storm Drainage System submitted by Beto DeLeon Based upon a review of the above record, the following Findings of Fact and Conclusions hereby constitute the basis of the decision of the Everett Violations Hearing Examiner. FINDINGS OF FACT 1. Beto and Lois DeLeon, Respondents, are the owners of record of the property at 7826 Timber Hill Drive, Everett, Washington ("property") (Exhibit#16, Snohomish County Assessor's Property Information). The property is zoned R-1 single family detached low density. 2. On September 7, 2010, City of Everett Code Enforcement Officer Fagerstrom conducted an inspection of the property. During the inspection he observed that there were two driveways on the property: one extending to an existing garage and another that had been constructed adjacent to the south property line. He photographed the front yard of the residence and measured the driveway for the garage to be 20 feet in width. He did not measure the driveway near the property line. The photograph was forwarded to the City of Everett Planning Department, for an interpretation as to whether it met code standards of the City. (Exhibit#2h, photo dated September 7, 2010) 3. On October 28, 2010, Code Officer Fagerstrom received an e-mail from City of Everett Assistant Planner, Teresa Firnstahl, that the second driveway is a zoning code violation of EMC 19.34.060.1 which limits the total width of driveways in R-1 zones to 20 feet. The total width of the two driveways exceeds this threshold. (Exhibit 14). 4. Code Officer Fagerstrom met with City of Everett Planner Steve Ingalls who examined the available historical permit data of the property and several aerial photographs of the property. The purpose of reviewing the historical data was to determine what permits and uses have been approved. No permit was discovered for the construction of the driveway near the property line (Testimony of Mr. Fagerstrom, Go Sync photos dated 2001, 2003, 2005, and 2009). . 5. In the City of Everett permits are required for the development of driveways. In addition any curb cuts that are required for a driveway must be approved by the City. (Testimony of Mr. Brooks). In the instant case curb cuts were made to Timber Hill Drive without permission from the City. Testimony of Mr. Brooks).