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

1. The appeal is of the City of Everett Director of Planning and Community Development's determination that a commercial non -conforming use for property at 4228 South Third, Everett, Washington, should be revPr-,ed and that the commercial activity at the subject property should be terminated. 2. The legal history of the appeal has been set forth in the introduction to the findings of this document. The reason for this hearing was that it was a remand from the Court of Appeals to determine if the City of Everett satisfied the burden of proof of abandonment of the nonconforming use and whether there was St>Kcient evidence to show an intent to abandon or failure to ad to abandon. 3. The City of Everett has w( presented testimony or evidence that would indicata that an abandonment of the nonconforming use has resulted. Whether abandonment has occurred is a question of fad as to which municipality has the burden of proof. 4. No testimony or evidence was received from residents at th!s hearing or other hearings which sufficiently met the burden that abandonment has occurred. 5. If the City is unable to prove intent to abandon and any action or failure to act that would constitute abandonment, the Applicant is entitled 40 retain his nonconforming use. 8. The City has been unable to prove any intent to abandon on the part of the Applicant or its predecessors. Adequate information has been presented to prove that the nonconforming use has not been abandoned. 7. There has been no proof of any action or failure of action which would constitute abandonment. 8. Although the Applicant and his predecessors have not bean able to prove that business licenses or business tares have been paid to tho City of Everett, the failure to do so in of itself is not a purse determinativo of the question of whether the nonconforming use status has beery abandoned.