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CONCLUSIONS OF LAW <br /> Jurisdiction: <br /> Pursuant to EMC Chapter 1.20 or any Everett Municipal Code provisions that identify EMC <br /> Chapter 1.20 for enforcement,the Violations Hearing Examiner of the City of Everett has <br /> jurisdictional authority to hold this hearing and to issue the decision. EMC 1.20.020. <br /> Applicable Law: <br /> 1. IPMC 106.1 Unlawful acts,which reads: <br /> It shall be unlawful for a person,firm or corporation to be in conflict with or in violation of <br /> any of the provisions of this code. <br /> 2. IRC R105.1 Permit required,which reads: <br /> Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, <br /> demolish or change the occupancy of a building or structure, or to erect, install, enlarge, <br /> alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing <br /> system, the installation of which is regulated by this code, or cause any such work to be <br /> done, shall first make application to the building official and obtain the required permit. <br /> 3. EMC 19.07.020(E 1,2)(G)and(0)Regulations for Accessory Buildings,which reads: <br /> The following requirements apply to all buildings which are accessory to residential uses in <br /> all zones except as otherwise allowed in the historical overlay zones: <br /> *** <br /> E. Except as otherwise prohibited by EMC Title 18 and divisions of land approved <br /> pursuant thereto, accessory buildings, whether attached or detached, may be located <br /> within the principal building's rear setback;provided, that: <br /> 1. The accessory building meets all side setback requirements;and <br /> 2. A minimum setback of five feet is provided from the rear lot line, unless the rear lot <br /> line abuts an alley, in which case there shall be no required rear setback; and <br /> G. Accessory buildings shall not be located within the interior side setback area, unless the <br /> side lot line abuts an alley, in which case there shall be no required side setbackfronr <br /> the alley. <br /> *** <br /> O. Shipping containers or other similar storage units do not qualify as accessory buildings <br /> under this section and shall be prohibited in residential zones. (Ord. 3066-08§1, 2008; <br /> Ord. 2973-07§3, 2007: Ord. 2657-02§25, 2002; Ord. 2538-01 §6, 2001; Ord. 2310- <br /> 98§1, 1998. Ord. 2146-96'10, 1996.) <br /> 4 fr <br />