115 BRIDGEWAY 2016-01-01 MF Import

-� �� CONCLUSIONS ��i i I 1 ',I i. 115 Bridgeway is located within an R-1, Single-family, low-density 2 !� residential zone in the City of Everett. i ,I 3 �j 2. The permitted uses in ar. R-1 zone do not include commerciai uses. E.�d.:,. 19. 19.020. The oniy permissible method of operating a q II commercial use in an R-1 zone is to be p cperly classified as a valid � �' HomeOccupatlon. E .A7.C. Chaoter 19.44. 5 �i 3. The Home Occupatlons provisions of the zoning code are nnt applicahle � ' to this determination since no application has heen made by the Sabines. l'Uhethe:• or not the Home Occupations provisions would apply to the type � ' of activity complained of or whether or not a Home Qccupation would be R appropriate under the Sabine's circumstances is not an issu� in this determin�tion. 9 ' 4. "Rusiness or commerce" is defined by E.M.C. 13.04.010 (A) (8) as: 10 "the purchase, sale or uther transaction involving the � � handling or disposition of any article, serrice, sub- ctance or commodity for llvlihood or profit; or the �' '' management of office buildings, offices, recreational �3 or amusement enterprises; or the maintenance and use �I of offices, structures and premises by professionals �q ar.d trades rendering services ." 15 , 5. The Sabines' "Thrifty Towing" is � business operated for profit offering a service to the public and to agencies and r.orporations with which it 16 I has contracts. The nature of the service offered is 24-hour/day emer- I� gency assistance to disabled vehicles. �y � 6. Since the stated place of busines� 1s not staffed on a 24-hour/day basis � the residence becomes an alternate place of Uusiness. The incidenr_t of �9 commercial use of the residence at ll5 Bridgeway is �]so indicated by the number of tow trucks narked at that location at var?ous times durin� "?�� I the day at both customary business hours as well as what is normally � considered non-busine�s nours. �4aintenance has been perform�d on the i � '-� I�I commercial vehicles at the residence. Drivers nf the tow trucks h�ve 22 �I resoonded from the residence f�r the business purpose being notlfied at ; p I� the residence by phone, radio communication, or "page" communication. � 23 Keeping one of the tow trucks idle at the residencP for days at a time I !� constitutes storage of a commercial vehicle in a residentiai zone. The 24 '' tow truck traffic to and from the residence adds to the commerci,il ' �� vchicle traffic in the R-1 zone. ` 25 �� ! II 7. The factual circumstances herein above specified create a commerclal i _ 2G I r use, at least partially, of the residence at 115 Bridgeway because the � �� i� services offered by the Sabines °Thrifty Toti+ing Como.lny" are provided ' during portions of the 24-hour operatinn of the business from the residence, y 28 I�� At least 25$ of the business responses originate from the residence at 11.5 Bridgeway in the R-1 zone. This is contrary to the intent of an 29 i R-1 zone of providing for and protecting certain areas of the City for ; I single-f�mily residential uses designed to meet contemporary building 30 and living standards. 'i1 i' g. The Bo�rd is not finding by this decision that a person may not utilize a � �, , commercial vehicle to drive between a resici mce and a plar.e of buslness .