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4. Although the information initially provided the City was inadequate to support and <br /> prove that the lot was a non-conforming use, the Appellant has satisfied the burden <br /> of proof at the hearing. Although the information provided in City directories was <br /> refened to for activity of the site after 1956, the presentation of tax records clearly <br /> established that the structure was built prior to 1956, and the lot is non-conforming. <br /> 5. Historically the City has treated the site as having three living units, including the <br /> two in the duplex and one in the single-family structure. This is evidenced by the <br /> inspection report in April of 1976. <br /> 6. The Appellant has successfully proven thet the subject property is a non-conforming <br /> use. <br /> DECISION <br /> Based upon the preceding findings of facts and conclusions, testimony and evidence <br /> submitted at the public hearing, and upon the impresaions of the Hearing Examiner of a <br /> slte view, it is hereby ordered that the Citys decision oi denial of cert�cetion of the non- <br /> cor�forming status of the property at 2605 and 2605-1/2 Beker Avenue, Everett, <br /> Waahington, is hereby overtumed. By this decision, the City is ordered to issue a <br /> certification of non�or�forming use for these properties. My construction on-site or any <br /> improvements on-site must be reviawed by the City consistent with the Ciry development <br /> regu�ations. The site can be used, however, for the use as propost+d by the Appellant. <br /> Done and dated this 26th day of July, 1995. <br /> "1• �14��i�4S0� <br /> Ja . Driscoll <br /> Hearing Examin9r <br /> 4 <br />