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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />herein: AutoCAD file provided by the City's Public Works Department showing streets, parcels, <br />and addresses; computer digitized orthographic photo provided by the City Public Works <br />Department showing locations of existing structures; ArcView Geographic Information System <br />(GIS) coverage file of Whatcom County parcels; spreadsheet prepared by the Whatcom County <br />Assessor's office containing data on all parcels within the City which are zoned Central Business. <br />5. Utilizing the above materials, I used the following methodology to determine <br />potentially available sites. First, I identified the Central Business zone as a commercial district and <br />determined the total number of parcels in the City zoned Central Business. Pursuant to BMC <br />17.36.120(A), adult entertainment businesses are identified as Restricted Uses within the Central <br />Business zone and are intended to be permitted, subject to special regulation, only in that zone. <br />There are approximately 160 parcels zoned Central Business. <br />6. Second, I used the assessor's data and the various maps and software to determine <br />which Central Business parcels, or portions thereof, were located more than 200 feet from residential <br />uses or another adult use as described in BMC § 17.36.120(C)(1) & (2). I determined there were <br />approximately 32 parcels that were not excluded by the 200 foot setbacks. <br />7. Third, I used assessor's data and direct investigation to determine the viability of each <br />of the 32 parcels for use as an adult business. I then selected those parcels with the highest potential <br />as a relocation site for an adult use and further investigated those parcels. I selected 14 parcels to <br />describe in detail. I also determined that, considering only these 14 parcels, up to four (4) adult uses <br />in addition to the adult bookstore could exist simultaneously in the City. <br />8. The following paragraphs detail fourteen (14) sites for Blaine Book Company to <br />evaluate for relocation of one of its adult uses. This is not an exhaustive list of all parcels available <br />in the City for utilization by an adult use. It is an attempt to provide a good faith and reasonable list <br />of potentially available properties. The characteristics of the sites described below were determined <br />through use of assessor's data, GIS mapping software, CAD software and personal investigation. <br />HARPER DECLARATION IN SUPPORT OF <br />CITY SUMMARY JUDGMENT MOTION - 2 <br />K:\16158\00027\SAS\SAS P20P5 <br />PRESTON GATES & ELLIS LLP <br />701 FIFTH AVENUE <br />SUITE 5000 <br />SEATTLE, WASHINGTON 98104-7078 <br />TELEPHONE: (206) 623-7580 <br />FACSIMILE: (206) 623-7022 <br />