1717 BAKER AVE B 2016-01-01 MF Import

David P, Cuadalupe Appeal 4-40 Page -7- 8. While the preponderance of the evidence does ehor that 1717-1/2 Baker was moat likely ueed as a resideace from perhapa ae early ae 1939 until the early 1960's and again from at least 1984 uat11 the preeent, the preponderance of the evideace does not show Chat a non-conforming right to residential uee of the etructure e:lets. I¢ aummary, whatever non-conforming right to reeidential use may have e:iated aas loet as early as the 1960's. Once a nun-conforming rlght ie loet, it cannot be re-eatabliahed. Therefore, the Planaing Department'e action in denying the requeated non-conforming uae certification rras taken !n full conformance with applicable City lax and muet be suetained. 9. The Ezamiaer Pro Tem intende, and hae no 1moWledge or belief to Che contrary, that the conclueions contained herein and the decislon rendered thereupon are only auch ae are lawful and within the authority of the Ezaminer Pro Tem to Smpoee purenant to City Ordinance 692-80, ae amended. DECISION The Ezaminer Pro Tem hereby euetaine ehe administrative denial by [he Planning Department of the non-conforming uae certification application filed by David P. Guadalupe under City file number NCU 13-89. Decision iesued thie 25th day of January, 1991. Jo E. a t, NearSn �xeminer Pro Tem The decieion oa thie application hae beea made by the Hearing Examiner Pro Tem based on the authority granted in Ordinance 692-80, ae amended. It is final unlese the following procedure Ss fol].owed: 1. Any aggrleved partq of record who tiae actively participated !n the hearing before the Ezeminer Pro Tem may file a srritten requeet wlth the Ezaminer Pro Tem for reconeideration within tea (10) working daye of the date of the Examiner Pro Tem's decielon. The Ezaminer Pro Tem's mailing addreea !e City Hall, 3002 Wetmore Avenue, Everett, WA, 98201 and the location of the E:aminer Pro Tem's office ia 2731 Wetmore Building, 3rd floor. The request ahall ezplicitly set for[h alleged errore of procedure, fact or laW. The Ezaminer Pro Tem shall act wlthin ten (10) working daqe after the date of the filing of the request for reconelderat3on by either denying the requeet, iaeuing a revieed decision or calling for an additional public hearing. If an additSonal hearing Sa required, notice of eaid hearing ehall be mailed to all parties of record not leae thaa ten (10) working daye prior to [he heariag date. The final date for requeetiag reconsideration ie Pebrua B, 1991.