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�. . -�u; .--:- ... . -� <br /> k <br />�� <br /> i <br />' � record. With respect to Finding No. 11, the Board finds that <br /> 2 25 percent or more of the business responses originate from the <br />' 3 residence at 115 Ridgeway. The IIoard was advised that appror.imatel <br />, 4 25 percent of the calls coming in to Thrifty Towing occur during � <br /> 5 non-regular business hours, however. said calls are referred �i <br /> i <br /> 6 through the answering agency to various employees on call and there <br /> � <br /> 7 is no evidence in the record to indicate what percentage is � <br /> 8 directly referred to .the Sabines at 115 Bridgeway. I <br /> 9 8. The Board's Conclusions are Erroneous. <br /> 10 The Board's Conclusions No. 6, 7 and 8, are erroneous. <br /> i <br /> 11 With respect to Conclusion No. 6, the Board finds that keeping a � <br /> 12 tow truck idle at the residence for days at a time constitutes I <br /> 1� storage of a commercial vehicle in a residential zone and that ' <br /> 14 this is in violation of the Everett Zoning Code. There is nothing <br /> � <br /> 15 in the Code to justify this conclusion and, since the Board readil f <br /> 16 admits that there are nunerous cases of commercial vehicles stored I <br /> 17 in residential zones, such an interpretatian constitutes an unec�al � <br /> 18 application and enforcement of the Code and is contrary to the � <br /> 19 Constitution of the United Sta�es and the State of Washington. <br /> 20 With respect to Conclusion No. 7, the IIoard concludes <br /> 21 <br /> that the Sabines are providing services from their residence. <br /> 22 <br /> The service which Thrifty Towing provides is a towing service to <br /> 23 <br />' +� disabled vehicles not located at the plaintiffs' residence. �1t <br /> 2� no time is the service actually performed at the residence and <br /> 25 <br /> the Board's conclusion is, therefore, in error and unsupported <br /> 2G <br /> by fact. The Board, at the June 30, 1977, hearing on several <br /> 27 <br /> occasions referred to the "service" of Thrifty Towing as being <br /> 2f3 <br /> its "truck�. " This is clearly erroneous, as the service being <br /> 29 <br /> offered is a towing s employing certain equipment, including <br /> 30 <br /> the truck. <br /> 31 <br /> With respect to Conclusion No. II, the Board concludes <br /> 32 <br /> NOTICE OF APPEAL —8 uw orn�c� or <br /> ANDE1180N.HUNTCp.OEWELI.DARER b COLLINe.P.4 <br /> l01 II(I�T NATIONAL l�NK e1111DIN0 <br /> GDF:S� � ' EYCRETT.WASHINGTON 08201 <br /> T[ISmoNc (xoe) 252•bi�1 <br /> • <br /> 1 <br /> • I <br /> � <br /> _ _ __ _ _ GT� . . —_ � <br />