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� The Appellant submitted lhat City records indicate that Ihe City was aware of a <br /> second residence on-site. In exhibit#2 (,page 21 of 26), a copy of a City of Everett <br /> Altei ation Permit issued Oacember 2, 1959, sndicates that a garoge on the rear of <br /> the house was canverted into a residence. On the permit, the lot is depicted, and it <br /> ahows sketches of the lot end the location of the two :tructures. <br /> 6. On a permit issued by the City of Everett on October 2, 1972, a single-femily <br /> residence is noted. <br /> 7 The Appellant did not provide the City all of the informati�n prior to the hearing. At <br /> the hearing he submitted a copy oi 1954 tax rocords for tha lot (exhibit 1M6). These <br /> records indicate that there were two residences on the lot at 2605 Beker Avenue. <br /> One was built in 1910 ;the duplex), while the other is stated to have been built in <br /> 1954 (single-family residen:.e). It is presume�d thEit the structure built in 1954 was <br /> built with the required permits. The City did not re.view the permif history of the site <br /> !�ecause of the disarray of the records dating back to that period <br /> 8. The Appeilant submitted that the City hes constantly treated the atructures on-site <br /> as seperate resfdences. He submitted an inapection repdrt by the Gity of Everett <br /> isaued on April 28, 1976, in which a sewer line is cbpicted to run to the three <br /> diHerent living aections on-site. (These include the� besement of the duplex, the <br /> upstairs of the duplex, and the rear living unit.) <br /> 9. Na ;estimony was submitted that any of the informatian provided by the Appellent <br /> was in eRor or that it had been misconstrued. <br /> CONCLUSIONS <br /> 1. The property at 2605 end 2605-1/2 Baker Avenue, Everett, Washington, is zoned R- <br /> 2, Single-Family High Density Residential. It is a 5,663 square foot parcel uf land <br /> that has two structures. One of the structures is used as a duplex (2605 Beker <br /> Avenue), and the other is a single-femity residence (2605-1J2 Baker Avenue). <br /> 2. In the definitions of the Everett Zoning Code, a non�oniorming use� is defined as "a <br /> tegally establishod use whi�h met the applicable Zoning Code requirements at the <br /> time it was estabiished but which fails by rea:wn ot adoption, revision, or <br /> amendment of the Zoning Code, to conform to U,e present requirements of the zone <br /> in which it is located." The property at 2605 and 2605-1/2 Balcer Avenue qualifies <br /> as a non-corrforminy use. <br /> 3. Adequate evidence has been presented by the A�ppeilent to preve that the rear <br /> structure (2605-1/2 Baker Avenue)was built prior to trie adoption of the 1956 <br /> Zoning Code. Baned on the tax records, which were uncontradicted, the rear <br /> structure was built in 1954, two years prior to the edoption of the Everett Zoning <br /> Code. There werA no Zoning Code requiremonts at the time of developmant. After <br /> the adoption of the Zoning Code, th�3 site became non-coniorming because of two <br /> structures on one iot, and it was a substandard lot because of area. <br /> 3 <br />