1717 BAKER AVE 2016-01-01 MF Import

David P. Guadalupe Appeal 4-90 Page -7- 8. While the preponderance of the evldence does ehor that 1717-1/2 Baker ! wae moet likely used as a residence from perhape ae early as 1939 until the early 1960's and again from at least 1984 until the present, the preponderance of the evidence does not ehov that a non-conforming right to resideatial uee of the etructare eziets. In eummary, wfiatever non-conformiug right to reeldential use may have existed wae loet ae early as the 1960'e. Once a non-confarming right is loet, it cannot be re-eatabliehed. Therefore, the Planning Department's actloa in denying che requeeted non-conforming uae certification wae taken in full coaformance xith applicable City law and muat be eustained. 9. The E:aminer Pro Tem in�.ends, and hae no knowledge or belief to the contrary, that the conclusione contained herein and the deciaion rendered thereupon are only auch ae are lavful and within the authority of the Ezaminer Pro Tem to impoae pursuant to City Ordinance 692-80, ae emended. DECISION The Ezeminer Pro Tem hereby austaine the adminietrative denial by [he Planning Department of the non-conforming uae certification applicatloa filed by David P. Guadalupe under City file number NCU 13-89. Decislon iseued this 25th day of January, 1991. John . a t, Hearin xaminer Pro Tem The deciaion on thie appllcatioa hae been made by the Hearing Examiner Pro Tem baeed on the authority granted in Ordinance 692-80, ae amended. It ia final unlees the followiag procedure is followed: 1. Any aggrieved party of record whu hae actively participated in the hearing before the Ezeminer Pro Tem may file a xritten requeet with the Ezaminer Pro Tem for reconaideration within ten (10) working days of the date of the Ezaminer Pro Tem's decision. The Examiner Pro Tem's mailing addrees ie City Hall, 3002 Wetmore Avenue, Everett, WA, 98201 and the location of the Euaminer Pro Tem's office ia 2731 Wetmore Building, 3rd floor. The request shall ezplicitly set forth alleged errors of procedure, fact or lax. The Ezaminer Pro Tem ehall act rrlthia ten (10) xorking days after ehe date of the filing of the requeat for reconaideration by either denying the request, ieauiag a reviaed decision or calling for an addi[ional public hearing. If an additionel hearing 1e required, aotice of said hearing ehall be mailed to all parties of record not leee than ten (10) working days prior to ehe hearing date. The final date for requeeting reconaideration is Pebnur� 8, 1991.