2902 HEWITT AVE 2016-01-01 MF Import

1 (d) Said variance to 25 arkin s aces was the theory and acceptance of the fact thatnothern � 2 • people's property could be used by the applicant 3 to park the additional vehicles; 4 (e) That the applicant has no right, title or interest by deed, license, permit or otherwise to use other 5 peaple' s property for parking vehicles using applicant' s premises and no evidence was introduced 6 into the record of any such right or license being held or vested in applicant; � 7 (f) That the Board of Ad 'ustment in � granting said 8 variance arrived at the l�gal conclusi n a hardship had been imposed or was imposed upon the property 9 ' and it was thus necessary for the oreserv3t.ion and enjoyment of a substantial property right far the 10 aPPlicant to be granted the variance. In truth and fact, the hardship complained of by applicant 11 Was created by his own act and was self imposed by reason of applicant• ' s enlarging his building and reducing space on the applicant's oean premises 12 to such a degree that applicant could not conform to the code which requires 45 parking spaces, nor 13 the the variance as granted �ahich required 25 parking spaces. That a self-imposed hardship is � 14 not ground for the granting of a variance and the self imposition of a hardship by an owner of the 15 property is specifically excluded by the code and a variance by the code' s ow� terms cannot be granted 16 for such condition and hardship. 17 (q) That by granting a variance for self-�i�posed hardship the Board of Adjustment rendered annulity the provisions 18 of the Everett t4unicipal Code and made it possible for any person including applicant to avoid the requirements 19 of the code by creating themselves a condition making it impossible t� abide by the same. By reason of the 20 acts of.. applicant t%e public purpose of the code, to- wit: to reduce conga�stion by parking on ttie streets zl of bhe City of Everett, was obviated by reason of the fact that the applic�.nt must use the streets of the 22 ' City of Everett io park customers to applicant' s bus- iness conducted on the premises. . 23 That this is a proper case for the issuance oE a Writ of 24 ' . Certiorari because the Board of Adjustment of the City a£ E•�erett 25 as indicated above has erred in law and has made erroneous 26 deeisions not based on fact and thus acted in an arbitrary a:�d 27 capricious manner in arriving at their final decision; tF.at there 28 � AFFIDP.VIT IN SUPPORT -3- I