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FINDINGS AND DECISION <br />OF THE HEARING EXAMINER PRO TEM OF THE <br />CITY OF EVERETT <br />IN THE MATTER OF THE APPEAL <br />OF ROGER MORENO APPEAL #06-004 <br />DECISION: The Planning Director's Decision — Nonconforming Use #06-002 — <br />is AFFIRMED in part, REVERSED in part. <br />INTRODUCTION <br />On August 29, 2006, the Planning Director for the City of Everett issued a Non - <br />Conforming Use decision (NCU #06-002) on property located at 2109 Rainer Avenue, <br />Everett, Washington (Subject Property). The Director determined that a single-family <br />residence (Building Number 1) was not a legal duplex and that an accessory structure <br />(Building Number 2) was not a legal single-family dwelling. The Director ordered that <br />due to the fact that neither of these structures qualified as non -conforming under EMC <br />19.38, Roger Moreno (Appellant) must convert the structures back to their original use - <br />a single-family residence for Building Number 1 and an accessory structure for Building <br />Number 2. In addition, the Director determined that Building Number 1 encroached into <br />the required side yard setback and that the total building coverage was in excess of the <br />permitted maximum lot coverage of 40 percent. The Appellant filed a timely appeal of <br />the Director's decision on September 11, 2006. <br />A hearing was held before the Hearing Examiner Pro Tern of the City of Everett on <br />January 25, 2007. At the hearing the following presented testimony and evidence: <br />Steve Ingalsbe, City of Everett Planning Department <br />Roger Moreno, Appellant <br />16727 — 1 st Avenue S.E. <br />Bothell, WA 98012 <br />At the hearing the following exhibits were submitted and were admitted as part of the <br />official record of these proceedings: <br />1. Staff Report, dated January 18, 2007 <br />2. Appellant's Appeal Form and Written Appeals Statement, received September 11, <br />2006 <br />3. Nonconforming Use Certification, NCU #06-002, issued August 29, 2006 <br />4. Appellant's Site Plan, undated <br />5. Building Permit Address File Records, including: Utilities Service/Meter Change <br />Orders, Gas Installation Permits, Building Permits, Construction Permits, and <br />Inspection Reports, dated from August 19, 1964 to July 28, 1981 <br />Before the Hearing Examiner Pro-Tem <br />In the Appeal of Moreno #06-002 <br />Page 1 of 8 <br />