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.,_ .. -_ _ _ I <br /> i <br /> � <br /> , <br /> CONCLUSIOUS <br /> . . I <br /> . � <br /> � <br /> . I <br /> . � <br /> I <br /> 1 1. 115 Bridgeway is located within an R-1, Single-family, low-density � <br /> 2 residential zone in the City of Everett. � <br /> I <br /> 3 2. The permit[ed uses in an R-1 zone oo not include commercial uses, i <br /> E.M.C. 19. 14.020. The only permissible method of operating a ! <br /> q commercial use in an R-1 zone is to be properly classified as a va]id i <br /> Home Occupauon. E.M.C. Chapter 19.44. I <br /> 5 I <br /> 3. The Home Occupaticns provisions o: the zoning code are not applicable ' <br /> � to this determination since no application has been made by the Sabines. � • <br /> Whether or not the Home Occupatlons provisions would a,�ply to the type � <br /> � of activity complained of or whether or not a Home Occupation would be ( <br /> 8 appropriate under the Sabine's circumstances is not an fssue in this � <br /> determination. I 1 <br /> 9 <br /> 9. "Rusiness or commerce" is defined by E.M.C. 19.04.010 (B) (8) as: � <br /> ]0 <br /> "the purchase, sale or other transaction involving the <br /> 11 handling or disposition of any article, service, sub- <br /> 12 stance or commodity for livlihood or profit; or the <br /> management of office buildings, offtces, recreational <br /> 13 or amusement enterprises; or the maintenance and use � <br /> of offices, structures and premises by professionals I <br /> 14 and trades rendering services." { <br /> 15 5. The Sabines' "Thrifry Towing" is a business operated for profit offering ( <br /> a service to the puhlic and to agencies and cor�orations with which it <br /> 16 has contracts. The nature of the service offered is 24-hour/day emer- <br /> 17 gency assistance to disabled vehicles. � <br /> 18 , 6. Since the stated place of business is not staffed on a 29-hour/day hasis <br /> the residence becomes an alternate place of business. The incidence of <br /> 1g commercial use of the residence �t 115 Bridgevray is also indicated by <br /> the number of tow trucks parked at that location at various times during <br /> 20 the day at both customary business hours as wel] as what is normally <br /> considered non-business hours. 'vlaintenance has been performed on the , <br /> 21 commerci<�l vehicles at the residence. Drivers of the tow trucks h�ve <br />�+I�,�it 22 responded from the residence for the business purpose being notitied at <br /> the residence by phone, radio communication, ar "page" communication. <br /> 23 Keeping one of the tow trucks idle at t]ie residence for days at a time <br /> constitutes storage of a commercial vehicle in a residential zone. The <br /> 24 tow truck traStic to and from the residence adds to the commercial <br /> vehlcle traffic in the R-1 zone. <br /> 25 <br /> 7. The factual circumstances herein �bove specifted create a commercial <br /> 26 use, at least partially, o: the residence at I15 Bridgeway because the <br /> 27 services oL`ered by the SaUines "Thriiry Towing Company" are provided <br /> durina pnrifons of the 29-hour operation of the business from the residence. <br /> 28 At least 25°s o: the business responses originate :rom the residence at <br /> 115 Bridgeway in the R-1 zone. This is contrary to the intent of an <br /> 29 R-1 zone of providing for and protecting certatn :+reas of tlie City tor <br /> single-family residential uses designed to meet contemporary building <br /> 30 and living standards. <br /> 31 g, The Board is not finding by this decision that a person may not utilir.e a <br /> 32 commerciai vehicle to drive between a residence and a place of business. <br /> . � . • . . , <br />