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' To J. W. Langus, Chief Administrative Assistant <br /> FROM Jim lles, Assistant City Attorney�F�- <br /> DATE November 29, 1982 � <br /> sue�ecr yW g��ga��Home- 6516 Elliot Wav <br /> .ICITV pF C:VERBTT, EVENETT WpSHINGTON <br /> Z <br /> O <br /> 1 <br /> n <br /> On November 23, 1982, Gerry Ervine, Doug Hudden, Larry Callahan, Walt Cooper m <br /> and I met to discuss V1]a Fleck's Boarding Home. The bonrding home is located in <br /> an R-2 zone. Vila Fleck presently has eight tenants. Fleck ts curre.itly violating � � <br /> the [ollowing codes: „ � <br /> (n 2 <br /> m <br /> 1. ;Z,-o-ni-n��C�ode. 1.�e R-2 zone permtts, "rental of rooms for lodging only, r, <br /> mitu ed to two roomers:' Fleck exceeds the permitted number by six o 3 <br /> roomers, <br /> -i c <br /> m <br /> 2• WAC 212-36 (Entitled "Boerding Homes, Standards for Fire Protection"), p Z <br /> This code requtres boarding homes with three or more occupants to be <br /> llcensed by the Stete end to meet certein minimum fire protection standerds � _ <br /> auch as fire elarm systems, proper design and edequete means of egresa. K '�^ <br /> Fleck's operation doea not meet the minimum WAC requiremente. " <br /> Apparently, Fleck hea eLvo not been licenaed by the State. � n <br /> 3. Fire Code. _ �^ <br /> The structure as presently oecupied and in its present r^ �, <br /> condition violates the Fire Code. Because of the number of people, type ot <br /> occupency, narrow hallways, narrow doorweys and the configuretion of <br /> exiting, the etructure constitutes a hazerdous conditton in the opinion ot the m y <br /> Fire Mershel. <br /> z t� <br /> �m <br /> 4• BuildinQ Code. The Building Code regulates Fleck's strueture as it is 9 <br /> presen ibeylt-`—"ng �ed, It vIolates some of the requirements ot the Building = <br /> Code. <br /> a <br /> z <br /> Besed upon our discussion, it is apparent that even if Fleck makes the necessary � <br /> structurel corrections to eliminate the WAC violations, Building Code violations � <br /> and Fire Code violations and, in addition, obtains a license from the State, Fleck N <br /> still cannot comply with the requirements of the Zoning Code. Z <br /> 0 <br /> -i <br /> Fleck's operation commenced subsequent to the property obteining its R-2 zoning � <br /> m <br /> designetion. Therefore, she does not have a legel non-conforming use, According <br /> to the Zoning Cade, Fleck can have two boarders in an R-2 zone. She cennot <br /> ope ation e Her only remedy is tor educerthe numbernof boardera to ta mn�xilmumhot <br /> � twa <br /> Coneeivably, City Council could recommend thet an amendment be made to the <br /> Zoning Code to legalize Pleck's existing use of the property es they did in the <br /> Swimm case. The problem witti this approach is thet Fleck would still have to <br /> comply with the requirements of WAC 212-36, the Building.Code, and the Fire <br /> Code which would be practically impossible as well as cost prohibitive in light of <br /> the condition of her structure. (Providing Fleck could qualify income wise, CHIP <br /> may be able to provide some financia! assistance.) <br /> In August, 1982, the Plenning Department had Fleck execute an agreement <br /> whereby Fleck was allowed until November 1, 1982, in which to bring her property <br /> into Zoning Code compliance, The agreement also required her to hold the City <br />