5329 EVERGREEN WAY BASE FILE 2018-01-02 MF Import

� �_ —1 1 14 . The plaintiff intends to offer the sexually oriented filma � and video tapes for viewing in individual coin opera�ed viewing 3 br,oths known as panorams. On April 3, 1965 the Everett City Council Z 0 4 passed Or@inance No. 1125-85 governing this form of entertainment. � n m s A copy of this ordinance is attached h�reto and incorporated by � 8 reference herein as nlaintiff's Exhibit A. � �' .. -i T NS 15. T;ie prpperty at which the plaintiff desires to establish v m co m o 8 its business is lecated in a B-2 zone, according to the City of -ac om � Everett zoning code. .he plaintiff ' s proposed use is a permitted m-Zi 10 use within this zone. , c = n -+ I 1 `- _ 16. On or about April 4, 1985 the plaintiff applied to the City � = v� < 12 -' o£ Everett Planning Department and the City of Everett Building �3 13 -"" 14 I Department for building and use permits . Under the laws of the m N Cit of Everett these are se arate y p Y , p permits issued b two se arate � N 15 3 `^ departments. The Planning Department issues the use permit wliich =c� -� r 10 ' r" amounts to a determination that the proposed use is in compliance � 17 � with the land use ].aws of the City of Everett. The Building a z 18 De artment issues the buildiri ' p g permit which is a determination that = 18 '^ the proposed pY;ysical changes to the property ar.e in compliance z 0 20 � with the building code. n m 21 17. In order to operat� its business at the desired location, 22 the plaintiff needs l:o make certain physical changes and improve- 23 ments to the property. The plaintiff cannoi� ma;ce these changes nor � 24 use the property in the desired manner unless it receives buildi.ng 25 - COMPI�AINT rOR INJUNCTSV� ��i,i��.;�t�, ��, �,�.;�.�. AND DL•'CLAR7I:CORY R�LIliP .��i•i•c��.�i.:�•.��i..�� AND IdONEY DAr1AGES -A \I.VtICIt'I'I'I..\l'RUtiPLYI�I'I`P:INMI , _INII N'7:Y'i'F:If\AYI.:NI'li Yk.\'1`I'I.h:.IYAYIII\II'fuN IIMI•LI - Illllp�H:I�J:I:N