5027 OCEAN AVE 2016-01-01 MF Import

4. Letter of Denial for 5027 Ocean Avenue Building Permit Application (�C0109- 019) 5. Vicinity Map 6. Site Pian 7. Building Elevations 8 Floorplans 8. Copy of E.M.C. 19.01.050 page 1-03 — Purpos� & Appiication of R-S zoning 9. Copy of E.M.C. 19.04.020 page 4-02 — Zoning definition of "Accessory use, activity, structure" 10. Copy of E.M.C. 19.04.020 page 4-10 — Zoning definition of "Dwelling" 11. !:op�� f E �A.C. 19.04.0� 0 page 4-23 — Zoning definition of "Principal use" 12. .opy of E.M.C. 19.07.020 — Regulations for Accessory Structures 13. Copy �f Webster's Ninth New Collegiate Dictionary page 927 — Definition of "PredoruinanY' 14. Informat�o� submitted by David Aldridge re: value per square footage All of the exhibit� are available for inspection at the Hearing Examiner's Office located at 293C Wetmore Avenue, 8th floor, Everett, Washington. After due consideration of the testimony and evidence presented by the Appellant, testimony and evidence elicited during the public hearing, the following Findings of Fact and Conclusions ;.onstitute the basis of the decision of the Everett Hearing Examiner. FINDINGS OF FACT The Appellant submitted a building permit application for the construction of a 1,796 square foot building on the parcel at 5027 Ocean Avenue, Everett, Washington. The building was projected to have a 476 square foot apartment and an attached 1,320 square foot garage. The City reviewed the application and denied the building permit. (exhibit 1, Fauvertestimony) 2. The reasoning of the City in issuing the denial of the building permit was that the proposed structure failed to meet Everett Municipal Code (EMC) standards because the primary activity on-site must be a residential dwelling unit and any secondary use must be accessory to the principal dwelling. Because the City determined that the garage was the dominant use rather than the accessory use, the building permit was denied. ;exhibit 1) 3. The subject property, a vacant lot that has approximately 69,000 square feet, is zoned R-S. The purpose of an R-S zone is to "...provide for and protect certain areas of the City for single-family detached residential uses..." (EMC 19.01.050.B(1]) (exhibits 1 & 8, Fauvertestimony) 4. Although the purpose of an R-S zone is to provide for single-family detached residential uses, there is no definition of the term "residential uses" in the EMC. There are, however, definitions of the two uses proposed by the z�(� J