6427 BEVERLY LN 2016-01-01 MF Import

No, 11G9-1 and instructed him to deny the application. 79iis was done. The appeal to the Board of Adjustm�nt was the first challenge to the interpretation made by the building inspector that a 72-foot radio tower on private residence property in an R-2 (residential) zone was an accessory use within the zoning code. There was evidence that at the time of the application, there were 173 licensed ham radio operators in Everett with radio towers whose' height and location are not disclosed by the record. Subsequent]y, petitioner souqht review of the decision of the Board of Adjustment by writ of certiorari to the super�or court. The court, after hearing, upheld the decision of the Board of Adjustment. It entered findings and conclusions and judgment based thereon, dismissing the petition. Petitioner appealed. Petitioner contends the court erred in concluding that the decision of the II��ard of Adjustment "was not arbitrary or capricious, was honest.ly exercised and given upon due considera- tion of all of the facts." i1e argues the building inspector's interpretation of the City of Everett Building Code is contrary to the code; that petitioner was denied a fair hearing by the Board of Adjustment; and that petitioner was denied equal protec- tion of the laws. Accordingly, he contends conclusion of law No. 3, that no rule of law affecting petitioner's rights had been violaied, is erroneous. The Everett City Code describes structures that rnay be erected in an R-2 zone. City Code § 15.09.030 provides: B(1) Accessory IIuildinq or Use: A use or siructure customarily incidental to a permitted principal use or buildinq and location on the same lot with such principal building. �(5) IIuilding: Any structure built for the support, I shelter or enclosure of persons, animals, mechanical } ' i ; i :, �'r^ I-' (r' �,'� z.