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� <br /> �— �I <br /> � �;. <br /> CARLSON & HOPKINS <br /> ATTORNEYS AT LAW <br /> Slv FIRST NATIONqL BANI( BU�LDING <br /> MYRON J. CARLSON EVERETi� WASMINGTON 90201 <br /> JAME$T. MOPHINS 12061 25P-26BB <br /> LARRY 4. JELSING <br /> Septeml�er 16, 1981 0 <br /> � <br /> �. <br /> c� <br /> m <br /> Buildinq Departn�nt ,. ., <br /> City of EVerett � �' <br /> City Hall �, _ <br /> Everett� WA 98201 o m <br /> ca <br /> mo <br /> Attn: Mr. Fi1 Wilbur -a c <br /> O 3 <br /> m <br /> Dear Mr. VTilbur: _ � <br /> m <br /> I have been retainecl by Mr. and Mrs. John D. Wagner, 5425 c = <br /> Fleming Street, E,Verett, Washingtnn, 98203. They have cortmlaints � _ <br /> over the use being msde of adjacent property by A1 Bolser Tire � v+ <br /> Stores, Inc., 5530 �ver9reen SVay, EVerett, NTashington, 98203. o � <br /> -n a <br /> The pmpPsLy in question is i�liately south of tYie Wagner's -a m <br /> on Fl�ning and is zoned R-2. A1 Bolser is using this property in m N <br /> conjunction with his tire �asiness located on Evergreen [Vay. The o r <br /> following are practices which are believed tn represent violations � y <br /> of permittpd uses under R-2 zoniny, Chapter 19.16, Everett City � v, <br /> Code. z � <br /> -I r <br /> • m <br /> A1 Bolser has placeci machinery on the rear wEst wall of his � <br /> arm�ercial building. ri'he machinery er,tends fr.cm that wall beyond -� <br /> the five-foot setback requi.r�9 by the building code. It deposits a <br /> rubber refuse daan an or�en chute and into a large bin provided by � <br /> Rubatino ftefuse Re�roval. The bin is placed on the adjacent R-2 x <br /> zonecl property. In addition to the violations, the machine is ex- v� <br /> tremel.y nnisy, �r.ticularly when u=ed as ear7_y as 6:00 a.m. and is zo <br /> a source of rubber particulates into the surrourxling ais. The Wagners -� <br /> had k�een infoi�ned by Jerxy Bolser that t�e equ:.grent was an air dynamo � <br /> usecl to cisculate air within the comrercial building. "' <br /> Bolser is also using the adjacent R-2 zoned property to store <br /> tires and 55-qallon drinns containing supplies usecl in the tire busi- <br /> ness. The backyard of the residential oroperty is also used as a <br /> parking nlace for employees' vehicles and comlxzny trucks. There is <br /> access to the newly constructecl caRmscial building through a door <br /> which opens to the R-2 zoned pmpesty. <br />