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/ <br /> ; . <br /> In making this decision, the Hearing Examiner doas not make any ruling on <br /> whether the use at the subject property was an allowed use that can be <br /> expanded upon. This decision is limited in its sc:ope only to the decision that <br /> the City did not issue the determination of completeness consistent with RCW <br /> 36.706.070. The City still retains discretion as to whether or not the use will be <br /> allowed or not allowed. However, the Ciry must, in exercising this discretion, be <br /> consistent with the process of the Regulatory Reform Act. <br /> ISSUE#2 <br /> ISSUE TO BE DECIDED - WHETHER THE APPELLANT <br /> HAS A NON-CONFORMING USE <br /> TO OPERATE HIS RV PARK AT <br /> 10925 EVERGREEN WAY, EVERETT. WASHINGTON � <br /> I <br /> FINDINGS OF FACT ; <br /> 1. It is the contention of the Appelfant that the use of the RV park, as <br /> proposed at 10925 Evergreen Way, Everett, Washington, is a non- <br /> conforming use that has long been established within Snohomish County <br /> and the Ciry of Everett. The Appellant argued that the City cannot <br /> regulate the non-conforming use and the Appellant, by right, can expand � <br /> the use as proposed. (Longley testimony) <br /> 2. The initial burden of proving an existence of a non-conforming use is on � <br /> the land user making such assertions. If the non-confoRning use is ; <br /> established, the City has the burden of showing abandonment or � <br /> discontinuance. VanSant vs. City of Everett, 69 Wn.App. 541. In the <br /> instant case, the Appellant has not proven an existing non-conforming ; <br /> use, while the City has proven that the historical use of the site was , <br /> never an RV park. (exhibit 35J <br /> 3. On February 26, 1962, the subject property was within the boundaries of <br /> Snohomish County, but was not in the City of Everett. On that date, the � <br /> Board of County Commissioners of Snohomish Counry passed a <br /> "Temporary Resolution" concerning camp sites. It allowed temporary <br /> camp sites to be created in various locations of Snohomish County in � <br /> order to accommodate the anticipated tourist use that had been I <br /> projected to result from the Century 21 World's Fair that was held in i <br /> Seattle in 1962. The Temporary Resolution specifically stated that it j <br /> became effective in 1962 and continued until 30 days after the official I <br /> closing date of the Century 21 World's Fair. After the closing date, the � <br /> temporary uses were null and void. (exhibit 35, attachment "a'� <br /> Although the specific date for the closing of the Century 21 Worid's Fair � <br /> � <br /> i <br /> �9 � <br />