5027 OCEAN AVE 2016-01-01 MF Import

9. The Appellant correctly submitted that there is no requirement within the City of Everett that mandates that attached garages be less in area than the primary residence on-site. (Aldridge testimony) The Appellant also contended that if the costs were calculated for the construction of the garage and the construction of the apartment, the apartme��t would be $55 per square foot, while the garage would be $19 per square foot. According to the Appellant, if this calculation were used to determine the primary use, the small apartment would be considered as the primary use. (Aldridge testimony, exhibit 14) Jurisdiction: Tlie Nearing Examiner of the City of Everett has jurisdictional authority to hold a l�earing and to issue the decision. That authority is set forth in EMC 2.23.120. Based on the above Findings of Fact, the Hearing Examiner enters tlie following Conclusions: CONCLUSIONS 1. The Appellant submitted a building permit application for the construction of a 1,796 square foot buiiding 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 appiication and denied the building permit. (finding 1) 2. The building proposed by the Appellant includes an apartment which satisfies the definition of "dwelling". (EMC 19.07.020) It will have habitable rooms and facilities for living, sleeping, cooking, eating, and saniiacion. The rooms will be internally accessible from within the dwelling. (finding 4) 3. In the City of Everett, garages are accessory. (EMC 19.04.020J Because they are accessory, they are subordinate to the residential uses, including apartrrents. (finding 5) 4. Even thoiigh a garage is accessory, it can be attached to the building with a common w�il and a substantial roof structure. (EMC 19.04.020) (finding 4) The proposed building will be one structure with an apartment and a garage. The garage qualifies as a"garage, private attached". (finding 7) 5. EMC 19.07.020 requires that accessory buildings or uses may not be estabiished until the principal dwellings are constructed on the property. The apartment and the garage will be established at the same time. The accessory evill not precede the principal dweiling. (finding 7) 6. There are no ordinances or regulations within the City of Everett which mandate that the dwelling be larger in size than a garage, private ,�ttached. To make such a requirement requires either an educated guess on the part of the City or a requirement that is not mandated in the ordinance. An ordinance 4��