3330 WETMORE AVE 2016-01-01 MF Import

� �� l'!lf11� � � �� Kr� Q+ l�t�'ID F. [�l1Yffit ...e E_er..r2.. an or everett OiFICE OF TME L�ND USE �M VIOL�ilONS NEAR�NG E%�MiNER 1�pPW. #7-90 0[�Ht On August 31, 1990, the Hearing Examiner of the City of Everett upheld the Evetett Planning Department's administrative denial of a IIse Permit application foc 'vnprovenents to the pcopecty at 3330 Wet�nore Avenue, Everett, Washington. The basis of the affirmation of the City's decision was that the Use Petmit is not a permitted use foc the R-4 zored property and that the Appellant did not have a vested right under the previous Zoning Code of the City of Evetett to improve the property and, further, to use it as an offioe. On 9eptember 17, 1990, pursuant to the Rules of the Hearing Examiner of the City of Everett, the ApQellant filed a request for reconsideration. 'it�e Appellant's request for reconsideration as set forth in 9ections 1, 2, and 4 are denied. The basis for these denials is as follows: 1. In Section 1 the Appellant requested reconsideration based on the acgument that inadegiate notice of adoption of the new 2oning Code had been given to the Appellant. The Appellant suppotted his argument with a list of cases which irdicated that a pcoperty aaner must be acmrded due process of law when a property interest is adversely affected. The Appellant eontended that by the City's passage of the new zoning Code, whicf� h*as more restrictive for the use of his pcopecty, that his pcoperty interest was adversely affected. �ib support his contention the Appellant cited cases. However, the cases do not address the issue of notice at land use heazings but address rotiee of othec types of legal proceedings. The main case of support is 7ulsa Collection Services v. Pope, 485 US 478 (1988). This case invo ves, as the Appel ant statea, notice to creditors for the probate of an estate. in addition, the Appellant cited the case of Brower v. Wells, 103 Wn.2d 96 whid� involves the foceclosuce of property. Both of ese cases involve property interests of creditors who cequired special Telephona: �206) 259�0772 faz:1206) 259�8742 Mailing AdOress: City Ha11.3002 Wetmore Avewe. EveretL Washingron 98207 Locetion: 3rtl Floor, 2731 Wetmore Avenue. EveretL Washington 98207