1206 W MUKILTEO BLVD 2016-01-01 MF Import

LEWiS A.BLII \VILLIPn� F. INGR<M NEWLLI SMITH RICIVARO B.JOHf�50N EOWARD L LCVE� BELL, INGRAM, SMITH, JOHNSON Cr LEVEL ATTORNEYS AT LAW ..ti FIRSi NATIONAL �I�NH DUIlO1NG EVERETT� WhSHINGTON 90201 June 23, 1969 City of Everett Board of Adjustment City Hall �verett, �9ash. 93201 ATTN: FR71t1K II�NNETT Secretary I2E: Cecil Farrell Gentlemen: � _lr,; , �' �[LErMOVE ALPirvE 9-92�1 My client above named has mentioned to me that he has been in conference with Dir. Bennett, Secretar.y of your IIoard, relative to the order of variance issued July 6, 1968. I cuould refer your attention to Section 15.04.370 of the Ordinances of the City of Everett, which recites that if no substantial construc- tion has commenced within one year from the date of the permit, that it becomes void. I do not intend to apply for an extension of the variance inas- much as construction would have been commenced Uut for the commencement of an action by Thelma M. Kelley against tlie Farrells, Snchomish County Superior Court Cause No. 946F39. In that action, l�trs. Kelley seeks a permanent injunction against my clients from building a residence on their property pursuant to your order of variance. Zt is for t}�is reason that no construction has been commenced inasmuch as the court will not rule as to the injunction until September 30, 1969, the date of trial. It is my position tt�at the legislative intent of the ordinance refers to the voluntary failure of the applicant to commence construction and does not refer to situations such as tliis wherein the applicant is precluded Erom commencing construc- tion by litigation. If the statute �vere to be taY.en literally, any appeals from an order of variance and any litiyation of the