5027 OCEAN AVE 2016-01-01 MF Import

Appeliant. A"dwelling" is defined in EMC 19.04.020 as "one or more habitablf: rooms which are cfesigned to be occupied by one family with facilities for living, sleeping, r.00king, eating, and sanitation which meets the minimum requirements of the cverett Housing Code and in which ail ha;�itable rooms are internally accessible from within the dwelling". A"garage" is defined in EMC 19.04.020 as "an accesson� buiiding, designed or used for tlie shelter or storage of vefiicles owned or operated by the occupants of the principal building". The term "gzrage, private attached" is defined as "a portion of the principal building �vhich is attached by a common wall or substantial roef structures to the princioal dwelling designed or used for the storage and shelter of vehicles owned or operated by the occupants of the principal building". (EMC 19.04.020) 5. EMC defines an "accessory structure" as "a use, activity, structure, or part of a structure, which is customarily subordinate or incidental to the permitted principal use or building, located on the same lot with such principal use or building, and erected or established only after, or in conjunction with, the establishment of the principal use or building". The City determined that the garage was an accessory structure and that there was no principal structure on-site. (exhibits 1& 4, Fauver testimony) 6. The Appellant testified that he owns a truck-trailer ancl an recreationai vehicle that would be parked in the garage. He is a single person who is a truck driver and needs little space to live. He submitted that the proposed 476 square foot apartmert that would be part of the building would provide him with necessities, including all requirements that satisfy the definition of "dwelling" in the EMC. (Elke testimony) 7 In the City of Everett, accessory buildings or uses may not be established until the principai dwelling or dwellings are constructed on the property (EMC 19.07.020). In the instant case, the dwelling and garage would be constructed as one building and, according to definition, the garage would be a"garage, private attached". (see finding 4) Thus, the accessory use would not be established until the principai dwelling was constructed en the subject property. (Aldridge testimony) 8. In the City of Everett "princ!pal use" means °the primary or predominanf use of anv lot or building". (EMC 19.04.010) The City argued that the principal use of the building is based on the most frequent or common use. Using the definition of "predominant" as set forth in the Webster's Ninth New Collegiate Dictionary, the City concluded that !he garage would function as the pri:icipal use on-site and, the apartment would be an accesse�y to the garage activity. According to the City, this is a use that would be contrary to the definition of a garage, which is defined as an accessory building. (exhibit 1, Fauver testimony, Giffen testimony) 3(5