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David P. Guadalupr_ <br /> Appeal 4-90 <br /> Page -3- <br /> 2. The sub�ect property Ss located between Baker and Fulton Avenues in the <br /> City of Everett and containe two buildinge: <br /> A. A four-bed^oom, one and one-half etory reeidential structure !e <br /> located on the weat end of the property, fronting on Haker <br /> Avenue. Said atructure ie commeeeyezhibit816)nd ehall hereinafter <br /> be referre <br /> d to ae 1717 Baker ( <br /> B• e:hibit 42)r eingle-et ry3etructure is tlocated onedthe eaetalend of <br /> ehe uubject property adjacent to Fulton Avenue. Said etructure 1e <br /> commonlY kaown as end shall hereinafter be referred to ae 1717-1/2 <br /> Baker. (see e�ibita 20 and 21) <br /> 3, The subject property has been zoned R-2 slnce 1956. (teetimony by 17th <br /> staff based upon CSty zoning mape diepl.syed at the January <br /> hearing) The R-2 zone allowe only one single-family residence per legal <br /> lor.. (e�chlbit 17, paBe 9) <br /> 4. Guadalupe and Candace M. YounB (herelnafter referred to ae "Young") <br /> jointly purchased the subject property !n or around December, 1989. The <br /> etructuree on [he subject property xere being uee� ae three individusl <br /> dwelling units at that time: 1717 Buker had been divided in half end wae <br /> being rented as a duplez sud 1717-1/2 Baker xas reaCed to a third party <br /> for residFntial use. The City apperently received a complaint regarding <br /> multiple residential uaes of the sub�ect praperty. Following <br /> investfgation by one of the C1ty's Code Compliance Officere, <br /> ,audalupe-Young decided to vacate one-half of th•• 1717 Baker etructure <br /> ��nd to fi:te for a non-conforming uae determination on the 1717-1/2 Baker <br /> etructure. (teatimony) Guadalupe's application for non-conforming uee <br /> certificat:ion �rae filed on or about Jauuary 4, 1990, and aeelgned City <br /> file numbE:r NCU 13-89. (e�ibit 2) <br /> 5. On March 9, 1990, the CSty Pla¢niag Department denled non-conforming use <br /> certificatian for 1717-1/2 Baker baeed upon: County Aeeeeeor recorde <br /> ehowing the subject property ueed ae a single-family reeidence from 1914 <br /> through 1989; County Aaaeeeor records ahowing uae of the 1717-1/2 Baker <br /> atructure as a garage from 1914 to 1982; absence in the 1956 through <br /> 1982 Polk City DirPctorieP of any entry for 1717-1/2 Baker; and <br /> electrical recorde ahowing lnstallatlon of separate electrical servlce <br /> Eor 1717-1/2 Baker ia ]983. �eahibit 9) Guadalupe filed timely apPeal <br /> from the Planning Department'a decieion. The baels of Guadalupe's <br /> appeal wae that the 1717-1/2 Baker structure had been used ae a <br /> residence prior to 1956, that said structure wae being used ae a <br /> residence at the time the separate electrical aervice was Snstalledthe <br /> 1983, an�i that atatementa from previous property ownere regarding <br /> uee of eaid etructure conflicted r+ith information contaiaed wlthin the <br /> denial uf98thiarappeal�will have an adversececonomic impact u�nc themt nd <br /> Lheir twc� tenants. (testimony) <br />