8800 HOLLY DR 2016-01-01 MF Import

CONCL.UStONS 1. �BC is the property manager of ths property in th� 8300 block of Holly Drive, E��erott, Washington. The pr��perty is zoned R-3, M�Iti-Family Low Density Residential and is developed ss a parking lot. 2 P, parking lot without any building is not a permitted use in an R-3, Multi-Family Low � D:;nsity Residential zone. No variances or conditional use permits have been '� �,rante,i far the lot. � � l 3. The paved parking lot was developeo as part of a building permit that was issued in 1979. The building permit was issued in order to construct a medical clinic on-site, r but the clinic has never been developed, although the paved parking lot was .� : develops:l. 4. The City has tak,en no o�cial action prior to 1993 to remove the parking lot. The � parking lot has been in place since 1979. � � 5. The City presented no testimony or evidence to prove that the p�rking lot was ��' illegally granted a permit in 1979. ,1 )� DECISlON •. I :� �' Based upon the preceding findings of facts and conclusions, testimony and evidence submii`ted ai the public hearing, and upon the impressions of the Hearing Facaminer of a site view, it is hereby ordered that the City's request for the Cease and Desist Order is denied. 'fhere is no Cease and Desist Order issued in this matter for the following reasons. This :ase presented very interesting facts that result in a difficult legal interpretation. The hey facts of this matter are: ^._,;, 1. EBC is the successor in interest to the owner of the property who secured a Special � Property Use Permit for the development of an office building on-site. Part of the �� approved permit was the construction of a paved parking lot for 75 parking spaces. �- ^;N`�, 2. Only the parking la7 was constructed. The City of E�rerett Engineering Departmant � approved the pa�,ed parking lot after an inspection on May 24, 1979. Thus, the City }�� w3s aware that 4he parking lot was constructed without construction of the office ��=' building. Th��ce building was never constructed. �....�. rr-�---`'--: �w°'' 3. The City knew of the paved par{cing lot since 1979 but took no official action on it � unt!I 1:?93. Thus, 14 years elapsed before the City took an official stand with regard � to the ?arking lot. � �� 3 � �� . ; �� �� �.,�.:-a c��t�;-;' � :. , �+�w:/ �, - � .'- ?z� � ,_s - �� '.� S. _' ��..t-- t...,....,..e.e.+�� . . _. : . . _._ . ,...:_ . . -.. 'ez :� . ,.,,-,�>� ,_ '�� , ..'� �!M ��"�_1� . v ' ' �_:_ .. . - . p y . . � r � �../.. `- d � �, ru#WY. ..;a�'�