1717 BAKER AVE 2016-01-01 MF Import

David Gaudalupe �ppeal 4-90 Page -3- 5. The ooly teatimony or evidence submitted from prlor owners of the subject property was a letter sulmitted by Joyce Radke (exhibit 14). Mra. Radke indicated that in July, 1977, she and her husband purchased the property from Mr. 6 Mrs. Donald Crese. From the time they purchased the property until the time that they sold it in 1981, the main residence was uaed ae a residential unit (the residence at 1717 Baker Avenue). HoKever, during their ownership of the prcperty at 1717-1/2 Baker Avenue, it wae aot occupied or used as a residence. She conte¢ded that the structure wae uaed se a atorage space. 6. The Everett Zoaing Code (EZC) 38.040(A) provides that a non-conforming • uae is traneferable to a new or+ner or tenant provided that the use is not expanded or diecontinued. E2C 38.040(B) defines discontinuation of a non-conforming uae as any uae which is ceased for a period of one year or more. Zf a use is diacontinued, Che praperty loaes its non-conforming etatus. 7. Although the property located at 1717-1/2 Daker Aveuue, Everett, Washington, may have been restored to a residential atatua after the sale of the property from Radke to Surface/Jaffe, the non-conforming use of the property terminated wi[h the Radke owrership. 8, The zoning density requirementa for R-2 zones were i❑ affect ia 1981 at the time of the sale of the property. 9. The density for R-2 zoned propertiea in previoue Everett Zoning Codea prohibited more than one reaidential unit per 1ot. 10. The Appellant contended that prior taa asaeasments indicated that the aub�ect property vae a residential uae. In addition, he etated that the City of Everett hae provided separate billa far water and, thus, hae treated the property an a aeparate reaidential unit from the main reaidence on-site. The �+pplicant teatified that he does not refute the Radke cantention that the property wae not uaed as a reaidence during the period of the Radke ownership, but it has been a rental unit during his ownership. 11. The Snohomish County Aeaesaor's records indicate that the sub�ect property is a separate reaidential unit from ttte main building on-aite. i CONCLI)SIONS i 1. Ti�e City of Everett deoled certification of a non-conforming use Cor a i residpnce at 1717-1/2 Baker Avenue, Everett, Washingtoa. Thia ; certification for the ❑on-conforming use wae denied for a second i dwelling �nit being on this single family R-2 zoned 1ot. The Appellanc I appealed the Clty's decision. 2. Density requirements of the City of Everett prohibit more than one reaidential unit on R-2 zoned lats.