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

Craig Van Sant Appeal 11-89 Page -5- S C'�7 a G. The non -conforming commercial use of the property has not been �Xr > continuous and, therefore, the property is not a commercial Hy y non -conforming use. rr+ 9 3 yzH 0 7. No multi -family residential non -conforming use has been established for O x O the subject property. U. N 8. The subject property is not a non -conforming use for residential nor Csn O commercial purposes. Hg DECISION tr 0. O x r. 3 Based upon the preceding findings of facts and conclusions, the testimony and CH evidence submitted at the hearing, and upon the impressions of the clearing X H q Examiner of the site view, the following decision is entered: V) H CGi V1 ittt ttlR tttt lttR flRt RtRR tttt RttR tttt Rltt RRRR Rttt tRtR RttR RtRR ttlt CCiJ.. 3 [s1� tRRt lttt tttR RRtR RlRR Ritt RtRR RRRR RttR tRRt tttR tttt tRtR lttt Rttt Rttt H O [A 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. 1. Was there a commercial non -conforming use established for the property and has this use been continuous? 2. Was there a multiple family non -conforming use established for the property and has this use been continuous? ' - 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 Family 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. WAS THERE A COMMERCIAL NON-CONFORNINC USE ESTABLISHED FOR THE PROPERTY AtrD HAS THIS USE BEEN CONTINUOUS? I 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, 1972, established the non -conforming commercial status of the building. ,ccording 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.