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t <br /> 4.5 The other requirement relevant to this matter was <br /> 2 <br /> the condition t'�at there must be a minimum of sixty feet <br /> 3 <br /> between the rear property line of Lot 1 (the property with <br /> 4 <br /> an established structure) and the building setback line. <br /> 5 <br /> 4 . 6 After approval of the short plat, Thies and <br /> 6 <br /> Kopczyhski purchased the property from Runyon. <br /> i <br /> 4.7 On or about November 3, 1986, Kopczyhski and Thies <br /> 8 <br /> applied for a variance from Everett' s reauirement of a <br /> 9 twenty foot setback between two structures . The application <br /> 10 <br /> was made in order place it attached garage along with a <br /> 11 <br /> residence on the property. Prior to applying for the <br /> 12 <br /> variance, Kopczyhski had changed the boundary of the bank <br /> ; 13 which wae be used as the measurement for the setbacks. <br /> l4 <br /> 4. 8 Everett granted the variance. <br /> 15 <br /> 4.9 Notwithstand.ing the variance, the residence under <br /> l6 <br /> construction does not conform to the sixty foot setback <br /> 17 <br /> reauirement as described in the short plat and, therefore, <br /> l8 <br /> the residence is not in conformity with Everett's building <br /> 19 <br /> and zoning codes. <br /> 20 <br /> 4 . �0 Said violation hae been pointed out to the City of <br /> 21 Everett, which refuses to take action on the violatio^ . <br /> 22 <br /> 5. FTRST CAUSE OF ACTION - DAMAGE& <br /> � 5 . 1 Due to Everett' s negligence and intentional <br /> 24 <br /> refusrl. to enforce the City to enforce Everett's planning <br /> 25 <br /> and zoning codes, the plaintiffs herein have been damaged in <br /> 26 <br /> 27 <br /> 2g KIMBERLEE A. MCDONALD <br /> SUITE 405 MU7UAL LIFE BUILDING <br /> COMPLAINT - 4 605 FIRST AVENUE <br /> SEATTLE, WASHINGTON 98104 <br /> (206) 622•7322 <br />