4712 COLLEGE AVE 2016-01-01 MF Import

� ` _ � ' 6. Planning Director's Interpretation #3-99 7. Building Permit#15174 and Plot Plan 8. EMC 19.4.020 (page 4-18) —Zoning Code definition of"Nonconforming use" 9. EMC 18.32. — Policy Language in Subdivision Code 10. Hall Letter 11. Browder Letter All of the exhibits are available for inspection at the Hearing Examiners Office located at 2930 Wetmore Avenue, 8th floor, Everett, Washington. After due consideration of the testimony and evidence presented by the Appellant, testimony and evidence elicited during the put' : hearing, and as the result of the personal ins��ction of the subject property and s�,roundinc� areas by the Everctt Hearing �xaminer, the following findings of f.act and conclusicns constitute the basis of the decision of the Everett Hearing Examiner. FINDINGS OF FACT 1. The Appellant is the owner at the property at 4710/4712 College Avenue, Everett, �Vashington. He requested a Certification of Non-Conformity for the property in order for the existing duplex structure on the site to be declareri a leg:i non-conforming use able to be rebuilt in the event of fire or other casualty. On March 4, 1999, the City issued an interpretation stating that the duplex did not satisfy the specific Zoning Code definition of"non-conforming use" for the purpose of certification and denied the request. The Appellant appealed. (exhibits 1, 4 & 6 & Palacios testimony) 2. On February 11, 1963, the City issued a Building Permit to the predecessor of the Appellant. The Building Permit was for the allowance of construction of a "new duplex residence and three-car garage" on the property at 4708/4712 College Avenue, Everett, Washington. The property was identified as Lot 2, Block 1, of the Vista Heights Addition. The Building Permit issued by the Everett Building Inspector stated: "Permission is hereby granted to the work described hereon, according to the approved plans and specifications pertaining hereto, subject to the compliance with the ordinance of the City of Everett." (according to the approved plans) 2