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<br /> 4. A paied parking lot by itself is not a permitted use in ;�ie R-3, MulYi-Fsmily Lcw
<br /> Density Residential zone. P, variance c.annot be issued for a non-aermitted usa.
<br /> The established enforcement law in land use is that mer�failure to presently enforc� a
<br /> zoning •egulation does not pravent a ,municipality from subsequently enforcing it (see
<br /> Wallinqford vs. Roberts 142 A2d. 588; Citv of Rockford vs. Salee, 282 NE2d. 4E5). For
<br /> further discussion of;his, also see Rohan:Zaninq and Land Use Controls, Saction 4804
<br /> (footnote 30 and 31). Applying this theory to the case at hand, the City of Everett's
<br /> acquiescence or reluctance to enforce the R-3, Multi-Family Residential zoning code
<br /> restriction of a parking lot independent of any structuras does not of itself prevent " a City
<br /> from enforcing the violation in 1994. However, in order to enforce the zening code, the
<br /> courts have indicated that there are specific issues that must be considered.
<br /> In the case of tronq vs. Countv of Santa Gruz, 119 Cal. Rptr. 362, the Califomia Courts
<br /> indicated that a municipality can be prevented from revoking a permit that was gr2nted, if
<br /> there is a long period of acquiescence by the municipality, and the applicant has expended
<br /> large sums of money in reiiance thereon. This California law appears to create an
<br /> exception to the general held notien that the City can revoke a permit at any time.
<br /> The Washington courts have not been asked to directly address the issue of acquiescence
<br /> of the permit. However, in a case decided by the lNashington Supreme Court, Grant
<br /> Countv vs. Bohne 89 Wn2d. 953, 577 P2d. 138, the facts are somewhat similar to the
<br /> instant case. In the Bohne case, Grant County in 1970 issued a parmit for a mobile home
<br /> to be plraced on a residential lot. 7he owner of the property did n, t place the mobile home
<br /> on the lot until 1975. At that time, Grant County determined that tt,� variance was
<br /> improperiy issued because it was a use variance and tried to enforce the denial of the use
<br /> of the property for mobile homes. The Supreme Court of Washington indicated that when
<br /> a permit is shown to be issued in violation of an ordinance, it confers no ri�ht on the
<br /> holder. However, the County or ��ity has th� burden of showing that the iss�ance of the %
<br /> permit was illegal. Thus the County or City has the burden of showing that when the ~':
<br /> permit was issued, it was illegal, and it should have never been issued.
<br /> In the instant case, +here has been no evidence submitted by the City to support this
<br /> burden. The permit that was issued in 1979 was for the parking �ot and construction of the �.,�.
<br /> building. The two together were allowed uses, and, in fact, the parking lot was a ?�:
<br /> requirement for the development of the building. Because the Cit;�took no action to "�"'
<br /> i'��:
<br /> require that the building be constructed first, the owner of the propArty built the parking lot ;;,.�.
<br /> with the valid permit. The City not only acquiesced to this process but gave its approval by «�'��
<br /> approving the construction of the parking lot prior to any construction of the building. The ��c"z�"'�
<br /> City has provided no evidence to prove ihat the permit was illegal. 'fhe permit was legal, �;,,: "
<br /> and it was accepted by the City as being legal. For 1he City to come in 15 years later and '"`=�
<br /> question the validity of the permit which it issued and approved without a �howing of any ;���'
<br /> evidence of illega!ity at tiie time nf issuance, is not supported by law,. �`�Mr`
<br /> � �:
<br /> P�c;ordingiy, the City's request for the Cease and Desist Order faiis. There is no Cease ����
<br /> ���
<br /> and Desist Qrder issued in ihis matter.
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