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I <br /> I <br /> �, <br /> ! <br /> { <br /> 1 <br /> 6. Planni�g Director's Interpretation #3-99 <br /> 7. Bwiding Peimit#15174 and Plot Plan <br /> 8. EMC 19.4.020 (page 4-18)—Zoning Code definition of"Nonconforming <br /> use" <br /> 9. EMC 18.32. — Policy Language in Subdivision Code <br /> 10. Hall Letter <br /> 11. Browder Letter <br /> Ali of the exhibits are available for inspection at the Heariiig Examiner's Office <br /> located at?930 Vl!etmore Avenue, 8th floor, Everett, Washington. <br /> After due consideration of the testimony and evidence presented by the <br /> Appellant, testimony and evidence elicited during the public hearing, and as the <br /> result of the personal inspection of the subject pruperty and surrounding areas <br /> by the Everett Hearing Examiner, the following findings of fact and conclusions <br /> constitute the basis of the decision of the Everett Hearing Examiner. <br /> FINDINGS OF FACT <br /> 1. The Appellant is the owner at the property at 4710/4712 College Avenue, <br /> Everett, Washington. He requested a Certification of Non-Conformiry for <br /> the proparty in order for the existing duplex structure on the site to be <br /> declared a legal non-conforming use able to be rebuilt in the event of fire <br /> or other casualty. �n March 4, 1899, the City issued an interpretation <br /> stating that ihe duplex did not satisfy the specific Zoning Code definition <br /> of"non-conforming use" for the purpose of certification and denied the <br /> request. The Appellant appealed. (exhibits 1, 4 & 6 & Palacios <br /> testimony) <br /> 2. On February 11, 1963, the City issued a Building Permit to the <br /> predecessor of the Appellant. The Building PeRnit was for the allowance <br /> of construction of a "new duplex residence and three-car garage" on the <br /> property at 4708/4712 College Avenue, Everett, Washington. The ' <br /> property was identified as Lot 2, Block 1, of the Vista Heic�hts Addition. <br /> The Building Permit issued by the Everett Building Inspector stated: <br /> "Permission is hereby granted to the work described <br />, hereon, according to the approved plans and <br /> specifications pertaining hereto, subject to the , <br /> compliance with the ordinance of the City of Everett." � <br /> (according to the approved plans) I <br /> 2 I <br />