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David Gaudalupe <br /> Appeal 4-90 <br /> Page -4- <br /> 3. The property oay have heen a non-conformiag use until the ownership of <br /> I the property by Joyce aad Albert Ra?ke, hovever, [he non-conforming use <br /> and atatua af the property for two dwelling units on one lot terminated <br /> in July, 1978, because the non-confotming uae ceased for a period of <br /> more than one yenr. <br /> 4. 'fhe non-conforming use cannot be re-established after it has been <br /> diacontinued. <br /> 5. The sub�ect property at 1717-1/2 Baker Avenue, Everett, is not a <br /> non-canfocming use. <br /> DECISION <br /> dased upon the preceding findings of facta and conclusione, the teetimony and <br /> evidence submltted at the public hearing, and upon the Smpressions of the <br /> Hearing Ezaminer of the City of Everett upon a s'_te viecr, it is here6y ordered <br /> that the requeated certiflcatiou of the property at 1717-1/2 Baker Avenue, <br /> Everett, is not certified as a non-conforming use. <br /> The property ia not a non-conforming uae. Zt may hav� been a non-conformiug <br /> uae until July of 1978. At t:hat time, the non-conEoxming uee of the property <br /> had been discontinued for ona year and wae not restored and wae coneidered to <br /> have lapsed. From evidecce submitted at the public hearing, '.[ ia apparent <br /> that during the oxnerahip of the property by Radke, the rental uni[ at <br /> 1717-1/2 Baker wae not used ae a realdential uoit but wae used ae storage. <br /> Thus, the use is conaidered. to have terminated for at least one year and, <br /> thue, loet ita non-confocming etatus. Accordingly, [he property craa then <br /> reqnired tu conform to the R-2 standaxda, including the density standard. <br /> R-2 denaity atandarde requir.e that only one reaidence per lot be located on <br /> each lot. Thus, the property at 1717-1/2 Baker Avenue canaot continue to <br /> exiat ae a rental or residrzatial unit. The residence at 1717 Haker is uaed <br /> for resldential purposes and is considered the aole residence on that lot. <br /> The Appellant presented test:imony and evidence indicating that the tax records <br /> of Snohomiah County and thee water recorda of the City of Everett treat the <br /> property as rr.sidential use. The taa assesaments of the Snohomieh County are <br /> not applicai,:e in this case. dny appeal of that aeaesement or designatian of <br /> the property ia within th.e juriadiction of Snohomiah County �orrectiontof <br /> juriadiction of the Hearing, Examiner of the City of Everett. <br /> this miatake should be brought to the attention of the Saohomiah County I <br /> Asaesaor's Office. With regard to the water, the City of Everett may he in I <br /> error in allowing water to be serviced to the subject prop�rty. However, the <br /> allowance of the crater mete:^ a[ the property daes not condone the violatlon of <br /> the density s�andards of the City of Everett. <br />