4611 COLLEGE AVE 2018-01-02 MF Import

� � ro � y i0 G . '. ..�.:i,4t`'�' C y i�.+. � � � ZION LUTHERAN CHURCH ` ```' `'`;r�: � � y ro �;::� . i_� EORT7'•SE�'ENTH STREET AND SWTH ALCEA A�'EtiCE ECERETT.\VASHI�IGTON 9N:07 zp �y �' .�� TELEPHOtiGI'06):i2.1{29 � H O , ; .�1�� � ;° R ' �' �� August 11, 1992 � y �y �� In Re: Appeal of Hearing Examiner y � �h1 Hearing Examiner Decision. I� � o y City'of Everett, Washington p1blic Works Permit: 92-173 � t„ 1��' 3002 Wetmore Avehue '� Everett, Washington 98201 � � � : � Greetings: At a special meeting of the Church Council of 2ion Evangelical Lutheran Church, an educational and religious corporation, in- corpora[ed under the laws of the State of Washington, a quorum being present and voting, Pastor Brandt was au[horized to retain legal counsel and represent our collective thinking in the above matter. We hereby ap�eal the Hearing Examiner's decision, as substantial facts of evidence and points or law were not presen[ed in the hearing examiner's decision, nor did the Public Works Department j �` present accurate information in r.heir staff report. We �� submit the following: � 1. Mr. Stack did not present any evidence of his need/reasons for reqUesting a permit to build a fence (exclusive use) . �� on 7� feet of city (alley) right-of-way. His application i �� did not locate utilities, i.e. power, telephone, television • cable service, nor the sanitary sewer which runs north 6 south in the center of the 16' right of way. (2) He mis- represented the diminsions of his property and other per- I �►� tinent facts by omission from the application fozm, loca_ion of his proPerty line. 2. Notice of the public hearing examiner's hearing was not �1�a received by other property owners in the block, although we furnislied a list of the same to both Public Works & examiner. 3. On advise of counsel we have contacted two of the property �. N�. owners again and they furnish the attached statements co which �� they have sworn. i 4. Hearing examiner did not speak to "exclusive use" question that the City Code: 13.30.010, as granting permit for "non-exclusive iI ,� use". This is not exempted in further section 13.30.040. Land- ` ��' scaping in use would be appropriated if this is granted vithout \ a plan far removal or compensation. Hearing examiner did not speak to a base line at the easterly edge of 4611 College (Stark property). The owner measured from the middle of the College Street improvement. This is not the way it is done. 5. Other concerns and matters have been outlined in our prevlous correspondence with interested parties. I (We) declaie under penalty of perjury under the laws oE the state of Washingcon (RCW 9A.72)rFa the foregoing statements of 36 lines are true and correct and that no thre , ises, or inducements have been made to me resarding this statement. ��s�`�i�G��i�tS�L�L�� 4634 SOUTH ALGER AVENUE • P.O.DO�C 2116 • EVERETT,NASHINGTON 9 '03•0116 � �Oy�