1717 BAKER AVE B 2016-01-01 MF Import

David Caudalupe Appeal 4-90 Page -3- 5. The only Ceetlmony or evidence aubmitted from prior ownera of ihe sub�ect property �as a letter sutmitted by Joyce Radke (exhibit 14). Mrs. Radke i¢dicated that in July, 1977, ahe and her hueband purchaeed the property from Mr. & M-s. llonald Creas. From the time they purchased the property until the time [hat they sold it in 1981, the main residence wae used ae a rea3dential uait (the reaidence at 1717 Baker Avenue). HoWever, during their ormership of the property at 1717-1/2 Baker Avenue, it wae not occupied or used as a residence. She contended thut the etructure was uaed as a etcrage apace. b. The Evetett Zoning Code (EZC) 38.040(A) providea that a non-r_onforming use is tranef.rable to a new o►rner or tenant provided that the uae ie not ezpaaded or diacontinued. EZC 38.040(B) dcfinee diecontinuatlon of a non-conforming uae ae any uae which ie ceased for a period of one year or more. If a uee is diecontinued, [he property loses ita non-confotmiag etatus. 7. Although ehe property located at 1717-1/2 Baker Avenue, Eve��ett, Waehington, may have been restored to a residential etatus after the eale of the property from Radke to Surface/Jaffe, the non-conforming use of the property tecminated with the Rad'se ownerahip. 8. The zoaing denei.ty requireme¢ta for R-2 zonea were in affect in 1981 at the time of the eale of the property. 9. The density for R-2 zoned propertiea in prevlous Everett Zoning Codes prohibited more than one reaidential uni[ per lot. 10. The Appellant contended that prior taz assesemente Sndlcated that the eubject property wae a reaidential use. In addition, he etated that the City of Everett hae provlded separate bille for water aad, thus, has treated the properCy ua a separate residential unit from the main reeidence on-eite. The Applicant teatified that he does not refutr. the Radke contention that the property wae not uaed as a reaidence duxing the period of the F.adke ownership, but it hae been a rental unit duxing hia ownerehip. 11. The Snohomieh Countq pseeseor's recorde indicate that the aub�ect property ia a eeparate reaidential unit from the main 6uilding on-eite. CONCLUSIONS 1. The City of �dverett denied certlficatio¢ of a non-confarming use for a reeidence ah. 1717-1/2 Baker Avenue, Everett, Washington. Thie certificatton for the non-conforming use wae denied for a second dwelling unit being on thie aingle family R-2 zoned loC. The Appellan[ appealyd the City's decislon. 2. Deneity rer{uirementa of [he City of Everett prohibit more than one reaid�ntia7. unit on R-2 zoned lota.