4228 S 3RD AVE 2018-01-02 MF Import

D ET ME FINDINGo AND DECISION MJAN 11 j994 Do OF THE HEARING EXAMINER OF THE _ .--.-............. _....... CITY OF EVERETT CITY OF EVERETT Public Works Dept. IN THE MATTER OF THE APPEAL OF CAROL LIVELY, TERRY SLATTEN, MARK SULLIVAN, AND JOANNE WILDMAN Appeal #11-89 DECISION The appeal is denied, and the certification for non -conforming commercial use of property at 4228 South Third, Everett, Washington is upheld. The Non -Conforming Use Permit for the commercial use at said property is allowed. The Non - Conforming Use Permit for multi -family use at same property is denied, and that portion of the appeal is granted. INTRODUCTION On January 12, 1990, the Hearing Examiner of the City of Everett issued a decision granting the appeal of Carol Lively, Terry Slatten, Mark Sullivan, and Joanne Wildman (hereinafter referred to as Appellants) of the City of Everett Director of Planning and Community Development's certification of a non -conforming commercial and multi -family use of property at 4228 South Third, Everett, Washington (subject property). Subsequent to a Motion for Reconsideration and a reconsideration hearing, the Hearing Examiner issued a decision on March 8, 1990, reaffirming the January 12, 1990, decision. The Hearing Examiner's decision was appealed to the Everett City Council who affirmed it The City Council decision was appealed to the Superior Court of the State of Washington which overturned the Hearing Examiner's decision and recertified the nonconforming commercial and multi -family use. The City of Everett appealed the Superior Court's decision to the Court of Appeals of the Stale of Washington. On May 3, 1993, the Court of Appeals, Divisicn I, issued a decision (#28049-0-1) affirming in part, and reversing in part, Superior Court's decision on the appeal. The Court of Appeals affirmed the reversal of the denial of the Non -Conforming Use Permit for the commercial Usc and remanded the matter to the Hearing Examiner for further testimony to consider other evidence than the lack of business permits and City of Everett taxes The Court of Appeals reversed the Superior Court and upheld the Hearing Examiner's denial of the non -conforming, multi -family use of the subject property. Subject to the remand by the Court of Appeals, the Hearing Examiner of the City of Everett convened a hearing on the matter on December 2, 1993, and continued it to December 16. 1991 At the December 16, 1993, hearing, the following presented testimony and evidence: Gerry Ervine, Planning Staff