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� _. <br /> David P. Guadalupe <br /> Appeal 4-90 <br /> Page -5- <br /> C. In or arouad 1978 the Cresaee sold the subject property to the <br /> Radke Pamily. (exhibit 1D) Mrs. Radke hae atated in a written <br /> lettet thait the 1717-1/2 Baker etructure wae not occupied at the <br /> t7me of their purchaee and that it remalned unoccupied during the <br /> Radke ownerehip. Radke has also atated that the etructure wae <br /> ueed ae storage epace during their ownerehip of the eubject <br /> proper[y. (e�chlbit 14) i <br /> H. In 1981 ttie Radkee eold the sub�ect propertq to a family nemed <br /> Sur;acu. (ezhibit 18) <br /> I. In early 1983 the Surfacea obtained a permit from the City of <br /> Everett to inetall a 100 amp electrical aervlce fur the rtructure <br /> at 1717-1/2 Baker. The service wae Snetalled and approved ae of <br /> January 20, 1983. The electrical inapection report indicates [liat <br /> it ie for "Service Only" bue also contalna the fo11ox1ng <br /> notation: "Inetall range circuit". (ezhibit 6) The Public <br /> Utility DSetrict inetalled a eeparate meter. for 1717-1/: Baker oa <br /> Jeauary 28, 1983. (ezhibit 7) <br /> J. In or around 1984 the preaent tenant at 1717-1/2 Baker moved into <br /> eald structure. (ezhihit 18) <br /> K. Ia or around 1989 the City rebuilt Fulton Avenue aad installed <br /> curbe and eldewalks. SWan worked for one of the contractore doing <br /> the road coastruction and reca]1ed the tenant a[ 1717-1/2 Duker <br /> aeking the contractor to place a curb cut �uet to the south of the <br /> building where a graveled area eziete rrhich is used for the <br /> parking of automobilen. The contractor complied. (Svau testimony <br /> and e�chiblta 20 and 21) <br /> 7. The Polk City Dlrectariee from 1956 through 1982 do not liat 1717-1/2 <br /> Baker Avenue as a residence. (ezhibite 4 and 5) The City has indlcated <br /> that che 1983 edition of the Polk Directory liefe 1717-1/2 Baker as a <br /> reaidence. (ezhibit 9) The City aleo indicates that !t hae ao <br /> kaowledge ae to whether or not the Polk Directory includes every <br /> residence in the CI[y even if the occupant of such residence does aot <br /> wieh to be included in the Dlrectory. <br /> CONCLUSIONS <br /> 1. The Ezaminer Pra Tem hae authority purauant to Section 12.A.1.c of <br /> Ordinance 69?.-60, as amended, over the parties and matter of the lastant <br /> proceeding. <br /> j 2. The only iseue properly before the Ezaminer Pro Tem ie whether or not <br /> :he atructure at 1717-1/2 Baker enjoys a non-conforming right far <br /> reaidential usage. <br /> 2. <br />