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CONCLUSIOVS <br /> ;=ti <br /> �^ , <br /> 1 1. 115 Bridgeway is located within an R-1, Single-family, low-density 'f�?;;. <br /> residential zone in the City of Evere:t. �;��=i,� <br /> 2 <br /> 2. The permitted uses in an R-1 zone do not include commercial uses. `.� "� <br /> 3 ;,:�s� 'v. <br /> E.M.C. 19. 14.020. The only permissible method of operating a ���;:;',a <br /> 4 commercial use in an R-1 zone is to be properly classified as a valid <br /> HomeOccupation. E.A4.C. Chaoter 19.44. <br /> 5 <br /> 3. The Home Occupations provisions of the zoning code are not applicable <br /> 6 to this determination since no application has been made by the Sabines. <br /> �Vhether or not the Home Occupations provisions would apply to the type <br /> � of activity complained of or wSeYner or not a Home Occupation would be <br /> $ appropriate under the Sabine's circumstances is not an issu� in this <br /> determination. <br /> 9 <br /> 9. "Pusiness or commerce" 3s defined by E.M.C. 19.04.01� (B) (6) as: <br /> ]0 <br /> "the purchase, sale or other transaction involving ti�e <br /> 11 handHng or disposition of any article, service, sub- <br /> 12 stance or commodity for livlihood or profit; or the <br /> management oE office buildings, offices, recreational <br /> 13 or amusement enterprises; or the maintenance ond use <br /> of offices, struc4ures and premises by professionals <br /> - 14 and trades rendering aervices." <br /> 15 S. The Sabines' "Thrl(ty Towing" is a business operated for profit offering <br /> a service to the puhlic and to agencies and corporations with which it <br /> 16 has contracts. Ttie nature of the service offered is 24-hour/day emer- <br /> 1� gency assistance }o disabled vehicles. <br /> 18 , 6. Since the stated place of business !s not staffed on a 24-hour/day basis <br /> the residence becomes an alternate place of business. The incidence of <br /> 19 commercial use of the residance at 115 Bridgeway is also indicated by <br /> the number of tow trucks parked at tt�at locallon at various times during <br /> 20 the day at both customary Uusiness hours as well as what is normally <br /> considerrd non-business hours . 'vlaintenance has been performed on the <br /> 21 commercial vehicles at the residence. Drivers of the tow trucY.s have <br /> 22 responded from the residence for the business purpose being notified at <br /> the residence by phone, radio communication, or "page" communication. <br /> 23 Keeping one of the tow trucks idle at the residence for days at a time <br /> constitutes storage of a commercial vehicle in a residential zone. The <br /> 24 tow truck traffic to and from the residence adds to the rommercial <br /> vehicie traffic in the R-1 zone. <br /> 25 <br /> 7. The factual circumstances herein above specified create a commercial <br /> z6 use, at least partlally, o: the residence at 115 Bridgeway because the <br /> 27 services oLered by the Sabines "Thrifty 1'owing Company" are provided <br /> durina poriions of the 24-hour operati�n of the business from the residence. <br /> 28 At least 25$ of the business responses originate irom the residence at <br />, 115 Bridgeway in the R-1 zone. This is contrary to the intAnt of an <br /> 29 R-1 zone of providing for and protecttng certain areas of the City Cor <br />{ single-f�mily residential uses designed to meet contem�oracy building <br /> i30 and liv3ng standards. <br />�i , 31 8. The Board is not finding by this decision that a person may not utilize a <br /> "'�,�" ' 32 commercial vehicle to drive beriveen a residence and a place of busin�ss. <br /> ��-�r ,/� z c �c�7u 1 - <br /> / / <br /> - . Pg. 3 of 4� . <br /> . <br /> . <br />