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t < <br /> 6. On November 5, 2010, a violation citation was issued to the Respondents for a <br /> violation of Everett Municipal Code 19.34.060(1). A copy of the violation citation was <br /> mailed to the Respondents and a copy was posted at the property. (Exhibit#4, <br /> Violation Citation, dated November 5, 2010, Exhibit#5, Declaration of Service dated <br /> November 11, 2010) <br /> 7. On November 10, 2010, Code Officer Fagerstrom conducted another inspection at <br /> the property. He photographed construction of a concrete wall that was in progress <br /> in the front yard of the residence. The photographs were sent to the City of Everett <br /> Building Division for information as to whether a building permit was required. <br /> (Exhibit#2d-2g, photos dated November 10, 2010). On November 16, 2010, Kirk <br /> Brooks, City of Everett Building Official informed Code Officer Fagerstrom that the <br /> concrete wall on the subject property use did not require a permit, but that the <br /> second driveway is not a permitted use. (Testimony of Mr. Fagerstrom) <br /> 8. On December 15, 2010, in response to a request from the Respondent, City of <br /> Everett Planning Director, Allan Giffen, issued a Planning Director Interpretation <br /> #10-001, clarifying the City's position on a second driveway. (Exhibit# 15, PDI#10- <br /> 001). It was the Director's opinion that: <br /> Though the EMCs do not expressly prohibit more than one driveway, the City has <br /> interpreted the ordinance to not allow more than 20 feet of driveway material in a <br /> front setback area of a single family lot. <br /> 9. On March 14, 2011, Code Officer Fagerstrom conducted a follow-up inspection of <br /> the property noting that the block wall had been removed but that the second <br /> driveway remained and was being used as a driveway. (Exhibit# 1, photo dated <br /> March 14, 2011) <br /> Based on the above Findings of Fact, the Violations Hearing Examiner enters the <br /> following Conclusions: <br /> CONCLUSIONS OF LAW <br /> Jurisdiction: <br /> The Violations Hearing Examiner of the City of Everett has jurisdictional authority to <br /> hold a hearing and to issue the decision EMC §1.20.020. <br /> Applicable Law: . <br /> Everett Municipal Code 19.34.060(i) which reads; <br /> I. Except where otherwise permitted through formal plat or short plat <br /> review, the width of driveways for single-family or duplex dwellings shall not <br /> exceed twenty feet within the required front yard setback areas, except where <br /> a gradual widening is required to provide access to an off-street parking area <br /> located behind the front setback line, or where a fire truck turnaround is <br /> 315 <br />