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May 28, 1985 <br /> r�Tv OF <br /> Mr. Alfred �orby <br /> 19727 15th Ave. N.W. e v e r�tt <br /> Seattle, WA g8177 <br /> CITv MA�L • 259�8I55 <br /> Re: Board of Ad,justment Order dat2d March 11, 1S68, to Allow a =:===TT �:,as���,cror, <br /> Duplex on a 7300 sq. ft. lot at 204 Magnolia eezo, <br /> �taest 52•26 feet of Lot 47, Airport Acres) <br /> Dear Mr. Norby: <br /> Even though it does not specifically state such on the above mentioned Order, the <br /> Ordinance in effect at that time states that " . . .if a building permit and/or <br /> occupancy permit is not obtained by the appellant within oze year from the date of <br /> the Board's decision, the Board's decision shall cease to be effective." <br /> Therefore, the City has determined that the above Order is no longer valid. <br /> Normally when a variance lapses because construction did not occur within the <br /> established time frame, you would be able to re-apply for a variance. However, in <br /> this case that cannot be done since Everett Muuicipal Code (E.M.C.) 19.70.020 was <br /> amended on June 28, 1964, to specifically deny the Board of Adjustment authority to <br /> grant a variance for ". . .a use not allowed in the zone in Which it lias, or to make <br /> any change of a boundary line of a zone, or to increase the dwelling unit density <br /> such as allowing a duplex on less than a �,500 sauare foot lot.�' <br /> There is a process for ap�ealling the City's administrative determination that tne <br /> above mentioned Order is no longer valid ev�n though it does not specifically state <br /> that there is a time limit on the Order. cnclosed is the information you will need <br /> if you wish to pursue an appeal. <br /> Sincerely, <br /> DENNIS DERICKSON� 9ICP <br /> PLANNING DIRECTOI, �� <br /> ���So+s� <br /> Bob Landles <br /> Environmental Coordi tor <br /> Iinc. <br /> DD/BL/sk <br /> 2457r <br /> � <br /> �x+��a�-T- �b <br />