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EMC Title 15, Local Project Review Procedures Page 55 of 94 <br />The Everett Municipal Code is current through Ordinance 4031-24, passed May 22, 2024. <br />The hearing examiner’s decision shall constitute the city’s final decision. Any appeal of the <br />city’s final decision may only be made to Snohomish County superior court in accordance <br />with Chapter 36.70 RCW. The burden of proof on appeal shall be on the appellant. <br />D. Additional Requirements for Applications Requesting Modification of Standards for Outdoor <br />Emergency Shelter. <br />1. The applicant may apply for an administrative use permit that applies standards that <br />differ from those in Section 19.08.200 only where the applicant submits a description of the <br />standard to be modified and demonstrates how the modification would result in a safe <br />outdoor emergency shelter under the specific circumstances of the application. Such <br />requests shall be reviewed by the city’s planning director. The planning director shall make <br />a decision regarding the issuance of a permit and modification of standards. <br />2. Notice of the request for modification of standards shall be provided with a ten-day <br />comment period to any person who, prior to the rendering of the decision on the permit, <br />made a written request for notice or submitted substantial comments on the application <br />for the permit. <br />3. The planning director shall issue findings following the notice comment period. Within <br />three business days of rendering the written decision, copies shall be mailed to the <br />applicant and all who have requested notice to the planning director. An appeal of the <br />planning director’s decision may be to the hearing examiner in accordance with EMC <br />15.02.600(D)(2). <br />4. In considering whether the modification should be granted, the city shall first consider <br />the effects on the health and safety of residents and the community. The burden of proof <br />shall be on the applicant. (Ord. 3895-22 § 3, 2022; Ord. 3774-20 § 3 (Exh. 2), 2020.)