Laserfiche WebLink
iHEAR/NG EX�41l�1/NE p� j�(���1�J� <br /> � �� D <br /> ,IAN 1 8 2002 <br /> _ ....... . . _ ._. ................... <br /> IN THE MATTER OF THE APPEAL CITY OF EVERETT <br /> Enpineenng/PuAlic Services <br /> OF TOSHI OWA Appeal #01-005 <br /> ORDER GRANTING MOTION FOR SUMMARY JUDGMENT <br /> On August 28, 2001, the City of Everett issued a final decision denying an expansion <br /> permit application for the expansion of an RV park at 10925 Evergreen Way, Everett, <br /> Washington. On September 11, 2001, the Applicant, Toshi Owa, filed an appeal with <br /> the Hearing Examiner. The issues of appeal, set forth in an Appeal Memorandum filed <br /> on September 11, 2001, were: <br /> 1. Does EMC 17.12.120, which refers to "any mobile home or trailer," apply to all <br /> recreational vehicles (RVs) and to the Owas' facility? <br /> 2. Is EMC 17.12.120 impermissibly ambiguous because it prohibits any person to <br /> occupy or use any mobile home or trailer in the city outside a mobile home park <br /> "for a period not to exceed forty-eight hours continuous time for sleeping and <br /> housekeeping purposes?" <br /> 3. Has the City wrongly refused to consider a variance to allow for stays longer than <br /> 48 hours? <br /> 4. Is a variance from the prohibition on stays longer than 48 hours a variance from a <br /> provision establishing the use? <br /> 5. Has the City of Everett violated EMC 15.12.050 by refusing to process the Owas' <br /> expansion application for nearly two years? <br /> 6. May the City grant the Owas relief from the 48-hour stay restriction via EMC <br /> 1.04.060? <br /> 7. Are the preliminary conditions noted by the City in its denial of the expansion <br /> application subject to variances to provide relief to the Owas, specifically the 10 <br /> foot rear yard setback and location of a fire hydrant required within 200 driving <br /> feet of every structure? <br /> 8. Are the preliminary conditions a proper subject for this appeal, in view of the <br /> City's denial of the permit? <br /> Subsequent to the appeal being filed, a pre-heariny conference was held before the <br /> Hearing Examiner of the City of Everett on December 6, 2001. Representatives of the <br /> Appellant and the City and the Hearing Examiner were present at the conference. At <br /> CITY OF EVERETT �Iz <br /> 2930 Wetmore Ave.: Suite 800• Everett, WA 98201-4044 • (425) 257-8772 • Fax (425) 257-8628 <br />