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y N <br /> � � <br /> b � <br /> Cy y N y� <br /> t� f� <br /> H Z N <br /> o � o Past�.or J.B• Brandt Appeal <br /> m r, w APPe�1 5-92 <br /> yN M�+ page -4- <br /> C� 2O S <br /> r]- v <br /> o � DECISION <br /> � � �g <br /> � .~i �n Based upon the preceding findings of facts and conc�lns the �impresaionsm of the <br /> ublic hearing, and up ordered <br /> � � evidence submitted at the p of Evetett of the site vieW, it is hereby <br /> � o y Heariug Examiner of the City <br /> a that the appeal of Pastor J.B• BrBndt is denied, and the permit as issued y <br /> � m n� ranted. <br /> � the City cemains ae g <br /> H COMMENTS <br /> As noted in the staff report and also at the public heariug, the pecmit Was <br /> The City indicated that the ApPlicant's <br /> granted pursuant to EMC 13.30.040.A.2• This ordinence ellowa for tempora <br /> �:ses of the City s right-of-ways. orar ur oses and satisfies all <br /> proposed use of the right-of-WBY w88 for temp Y P p <br /> criteria for temporary uses. <br /> The right-of-c+aY is owned by the City. The City has a ri811cantCcantmekeha <br /> use of its property. The City has determineb thconstructing the fence a8 <br /> temporary use of the City s tight-of-WBY Y <br /> ro erty is in a single-family zone and will notublic feIt ista <br /> proposed. The p P 8nd welfare of the p <br /> / �, public convenience or the health, safety, <br /> � �= limited use of ihe propetty and will not be detrimental to the community ag <br /> whole. Further, the Applicant has processed his request for use according to <br /> 1 � the laws of the City <br /> of Everett. � <br /> �� uments to base his cantentions for use of the <br /> � The Appellant Ues no legal ar8 ted principle of law that ao adverse <br /> � �' City's right-of-way. It is a well accep Likewise, no contiaued use of <br /> to etty. licant has <br /> ' possession can occur of goveznmental P�igsion can occur. The ApP overnment <br /> ' property without the government's P overnment to use the g <br /> secured the necessazy permission from the g <br /> I �� <br /> property. The reqi:ested use of the Applicant is within the standatde as <br /> established by the City of Evecett. <br /> �'�' Accordingly, the petmit xas properly granted, and the appeal fails. <br /> Done and dated this 31st day of July, 1992• <br /> � 1' /�� �'1• N� <br /> l <br /> James M. Driacoll <br /> �_1�1 Hearing Examiner the Hearing Examiner based <br /> The decision on this apPlication haCe=e Z Z�d��y It ig final unlesa the <br /> on the authority granted in Chap <br /> following p <br /> rocedute is followed: ` <br />