204 E MAGNOLIA AVE 2016-01-01 MF Import

• Alfred Norby Appeal Page -3- CONCLUSIONS 1. The appeal is of ?n administrative decision by the City of Everett in which the Appellant was denied permits to construct a duplex on property located at 204 Magnolie , Ever<tt, Washington with the use of a variance obtained in 1968. The subject property is a Single Family Residential zoned parcel of land on which a variance was granted in March, 1968. The City, in denying the Qex�its to construct a duplex, determined that the variance had lapsed and was no longer in effect. 2. Ordinance 3572, Section 20 (Hj , of the Everett Municipal Code was the ordinance that controlled the term of the variance that was granted in March, 1968. That ordinance specifically limited the variance's effectiveness to one year from the date of the granting of the variance. Thus, the variance lapsed on March 11, 1955. 3. No action �as taken to effectuate the variance by March 11, 1969. As a result, the variance lapsed and expired. 4. TFe EveretL Hearing Examiner has jurisdictional authority to hold a heacing and make a decision on the appeal based on the authority granted to hiR in Ordinance 692-80 as amended. DECISION Based upon the preceding Fir.dings of Facts and Conclusions, the te.stimony and evidence submitted at the public hearing, and uQon the impressions of the Everett Hearing Examiner of the site view, it is hereby ordered that the administrative decision of the City of Everett in which a variance to build a d��plex on 204 Magnolia �as determined to have expired is upheld. The variance that was granted on March 11, 1968 , officially expired on March 11, 1969. The variance is no longer in effect. The Appellant is • prohibited from developing the subject property with a ciuplex. COMMENTS The Decision of the Everett Planning Department has been upheld. The variance that was granted on March 11, 1968, was not a continuing variance. It expired on March 11, 1969.