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2902 HEWITT AVE 2016-01-01 MF Import
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2902 HEWITT AVE 2016-01-01 MF Import
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Last modified
2/20/2017 9:06:41 AM
Creation date
2/20/2017 9:04:34 AM
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Address Document
Street Name
HEWITT AVE
Street Number
2902
Imported From Microfiche
Yes
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. -_ <br /> In appraising th� adequacy of the findings, the reviec,inc � <br /> court should determine whether the finings mandated by oriiinancz <br /> � <br /> � have in fact been made. American Law of 2oning, supra, §19. 70.060 <br /> � of the Everett Municipal Code. This deficiency is disc�ssed supra <br /> I in Section IV of this brief, and should, in itself, invalidate <br /> the Board's action. American Law of Zonin , supra, §20. 93. <br /> Beyond this, however, the reviewing court should appraise <br /> � the findings in light of the purposes for which findings are required <br /> to be made. American Law of Zoning, §20.42. The requirement that the <br /> Boazd of Adjustment make findings which disclose the basis for its <br /> � <br /> decision means more than/tt]i��Board must state it� general conclusiori. <br /> Findings which are merely conclusory in form are insufficient. <br /> American Law of -Zoning, supra, �20.44 . <br /> It is clear that the requirement that a Board of Adjustment <br /> make appropriate findings is not met by a mere restatement of the <br /> terms of the applicable statute or ordinance. American Law of Zonina <br /> , g20.44, at 551. <br /> " . . .no administrative body fulfills its quasi-judicial <br /> responsibility by merely repeating the applicabl2 ,. _ <br /> statutory language in arriving at its conclusions. Nor <br /> does a summary of testimony and contentions constitute <br /> findings of fact in the absende of a statement revealing <br /> which factual contentions the Board accepts. " A.L.W. , <br /> Inc. v. District of Columbia Board of Adjustment, 338 A. <br /> 2d 928 (1975, Dist. Col. App. ) . <br /> There is not basis for intelligent judicial review where the <br /> findiags of fact do not revewl the actual grounds for the decision. <br /> In the instant case, the Board of Adjustment merely recited in the <br /> language of the ordinance, three of the four required findings, and <br /> made no attempt to articulate what facts it £ound, based upon the <br /> -15- � <br />
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