4611 COLLEGE AVE 2018-01-02 MF Import

y H aa �° IO C • C H N y H K yy b y b JAMES M. DRISCOLL, Hearing Examiner, City of Ev2rett Q � � August 14 , 1992 Page 4 REQUEST FOR RECONSIDERAION - ZION LUTHERAN CHURCH M � � � y the health, safety, and welfare of the public. A denial of access � y °� alone by virtue of restricting half of the right-of-way with a fence and allowing tl�e other half to be filled with debris results � ° y i n t o t a l d e n i a l of, access for fire protection as well as � °c° r maintenance of utility, cable; and sewer lines within t he rig h t-o f- � � way. 4. The Hearing Examiner failed to take into ^.onsideration the protection of adjacent property und the general purpose of the zoning ordinance. See State ex rel Standard MininQ & Develooment Cornoration v. Auburn, 82 Wash. 2nd 321, 510 P. 2nd 6�.7 (1973) . The guiding standards and interpretation must be related to the protection of adjacent property and the general purpose of the zoning orciinance. They must be uniform in application so as not to violate e�7ua1 protection. The Hearing Examiner's decision did not take into consideration the impact on adjacent property owners, nor was their testimony taken or evidence taken from these landowners, since they allege they were not given notice of said hearing. �� ZV. Summarv. r � `' Zion Lutheran Church, as well as the adjacent landowners, � propose the followin�: � � r� 1. Have a City .:ivil engineer sunrey and confirm � the property lines in question; � 2 . Rescind the Permissive Use/Fence Permit of ��► Public Right-of-Way issued to Mr. Stark, and replace it with a permit to build a fence on his property only, in compliance with City =t�' code; 3. Such other and further relief as requested in the appellant's prior correspondence and ! (-'�) objections. DATED this 14th day of August, 1992. � ' �� �f�Y(�z F�ti�� S • A. RIC DSON CERTIFICATION 1 declare under penalty of perjury under the laws of thE state of Washington that the f.oregoing Request for Reconsideration is