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Craig Van Sant <br />Appeal 11-89 <br />Page -3- <br />FINDINGS OF FACTS <br />1. Craig Van Sant, 202 - 96th Place S.E., Everett, Washington, 98208, <br />(hereinafter referred to as Applicant) is the owner of the property <br />located at 4228 South Third, Everett, Washington. Mr. Van Sant <br />purchased 4228 South Third Avenue on May 31, 1989, and since that time <br />he has used it as a car detailing shop for such purposes as :ar <br />cleaning, waxing, washing, etc. <br />2. In addition to the commercial use on the main floor, the Applicant has <br />proposed a conversion of the top floor of the building to three <br />residential dwelling units. The proposal of the Applicant would not <br />result in any structural change in the exterior of the building. <br />3. Any use of the building on -site as residential dwellings must be <br />reviewed pursuant to EMC 19.48, Conversions of Structures in an R-2 Zone <br />to a Multiple -Family Use. The conversions must satisfy the criteria of <br />EMC 19.68.620. <br />4. The subject property, annexed into the City of Everett on February 6, <br />1962, has an R-2 zoning designation. On April 3, 1972, a variance for <br />the property was granted by the Everett Board of Adjustment, for <br />designation of the building on -site as a non -conforming commercial <br />building for commercial purposes. <br />5. The property is located in the Lowell Neighborhood of the City of <br />Everett. The surrounding uses are residential and are developed as such. <br />6. On May 12, 1973, Ronald Cole acquired the subject property. Mr. Cole <br />used the property for a recycling business conducted on -site and used <br />the building's main floor as an adjunct to a neon sign business. <br />7. During the time Mr. Cole owned the subject property, no Business License <br />was acquired from the State of Washington or the City of Everett for the <br />use of the property. No registration of the property was made with any <br />of the taxing departments of the State of Washington. The building was <br />used in conjunction with Mr. Cole's business, a neon sign company, that <br />had its main office in Seattle. <br />8. During the period of time Mr. Cole owned the property, his main place of <br />business was in Seattle. The activity in the building on -site was done <br />during off hours, or when Mr. Cole brought work home from the Seattle <br />plant. Any non -conforming commercial use of the property has terminated <br />because the variance of April 3, 1972, has lapsed, and, the commercial <br />use has not been continuous since that time to the present. <br />9. As set forth in the staff report, the subject property is 11,400 square <br />feet. From the information submitted it is unclear if the lot is this <br />size or if this is the square footage of the building. However, the <br />second floor of th building does contain 3,028 square feet. <br />