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

Craig Van Sant Appeal 11-89 Page -5- The non -conforming commercial continuous and, therefore, non -conforming use. No multi -family residential non -conforming use the subject property. The subject property is not a non -conforming commercial purposes. been established Based upon the :receding findings of facts and conclusions, the testimony and evidence submitted at the hearing, and upon the impressions of the Hearing Examiner of the :;ite view, the following decision is entered: In order for a decision to be made on the appeal of the City's administrative decision for the issuance of a Certification of Non -Conforming Use/Building for property at 4228 South Third Avenue, Everett, Washington, the following issues must be resolved. there a commercial non -conforming use established the property and has this use been continuouj? multiple family non -conforming the property and has this use As noted in the findings, it is critical to any discussion of the appeal that it be emphasized that the property is zoned R-2 and that the property has historically been zoned Single Fam'ly Residential. Further, it must be noted that the only way the property can be used as a commercial or multi -family use is as a non -conforming use or building. I. WAS THERE A COMMERCIAL NON -CONFORMING USE ESTABLISHED FOh THE PROPERTY AND HAS THIS USE BEEN CONTINUOUS? The Applicant contended that the previous owner of the property established it as a commercial use. The basis of this contention is that the City, through the Everett Board of Adjustment, on April 3, 1.972, established the non -conforming commercial status of the building. According to the Applicant, the previous owner, who purchased the building on May 12, 1973, continued the non -conforming commercial use until he sold the property to the Applicant, who contends that the commercial use has been continued to the present.