10925 EVERGREEN WAY 2016-01-01 MF Import

i �� • i FINDINGS AND DECISION OF THE HEARING EXAMINER OF THE � CITY OF EVERETT IN THE MATTER OF THE APPEAL OF TOSHI OWA APPEAL#4-99 DECISION: The existing use at 10925 Evergreen Way, Everett, Washington, is not a non- confonning use and is subject to the current zoning standards of the City of Everett. The City of Everett was in error for improperly processing the application of Toshi Owa and issuing a directive as set forth on April 29, 1999. INTRODUCTION On November 19, 1998, Toshi Owa (hereinafter referred to as Appellant) requested approval of an expansion of a Special Property Use Permit (SPU II #1-96)for the expansior� of an RV park at 10925 Evergreen Way, Fverett, Washington (also referred to as 10925 Highway 99 South, Everett) (subject property). The application was filed consistent with the requirements of the City of Everett. After a review of the application and the site, the City determined that the proposed use is not consistent with SPU II #1-96 and tliat the City would not review the application for the expansion of the RV park that had been developed on-site. The Appellant was also instructed by the City of Everett that he must terminate the use of the site as an RV park.' On May 13, 1999, the Appellant appealed the Ciiy's April 29, 1999, determination of non-review. At the hearing, the Appellant appealed whether or not the proposed use is a non-conforming use that is pErmitted under the laws of the City of Everett.2 ' In conjunction with this action, the City brought a cade enforcement action against the Appellant. The code enforcement portion of this proceeding has been dealt with in a separate Order. These findings only relate to the process of the Special Property Use Permit application. Z This portion of the appeal was first raised at the hearing. ! q