3330 WETMORE AVE 2016-01-01 MF Import

� � rwrr�e aF � nnrm�ris�►rnrs are�►L OP l� F. lAYHt APPE7�L �7-90 � On Novenber 9, 1990, the Hearing Ex�niner of the City of Everett (Hearinq qtaminer) denied an appeal of Kenneth Mayer (Appellant) of the City of Everett's Planning Department's refusal to process a Use Pennit application for properly located at 3330 Wetirore Avenue, Everett, Washington. The decision was issued based on testimony and evidence pr�sented at a public hearing held on August 14, 1990. At the public hearing the City of Everett's Planning Department presented testimony and evidence tha'_ the Appellant's property was lxated in an R-4 Multi-Family Density zone and that the propased office use of the Appellant was not an allowed use pur�ant to the Everett Zoning Code that becane effective on January 13, 1990. SUbsequent to the decision, tl�e City of Everett's Planning Department continued to review the facts of the case, the aoning designation, and the uses allowed thereundec. After further review, the Everett Planning Department detecmineo that its original denial of the Use Pemiit was inoorrect because the Appellant's propecty was considered a non-conforming use. It was consideced a non-confocming use because the office use wauld have been allowed prior to January 13, 1990. To support this decision, the Planning Departm�t detecmined that reliance by the Appellart of the utility services to th= site supplied by the City prior to the effective date of the new Zoning Code, created a right for the Use Peanit. On February 14, 1991, the Everett Planning Department and the Appellant jointly moved foc reconsideration to have the use be classified as a non�onforming �se, z•he City also su6mitted additional support of said motion. Having wnsidered the City's new interpretation of the facts and the joint petition of the Planning Department and the Appellant and rn adverse testimony or evidence being apparent to counter these oositions, it is hereby ordered: 1 2 The decision of the Hearing Examiner, August 31, 1990, is hereby withdrawn. The order of the Hearing Examiner of November 9, 1990, is hereb� withdrawn. 3. The Appellant's propecty at 3330 Wetmore Avenue, Everett, t+i�shirgton, is oonside[ed to be a non-conforming use and an office use is permitted. 4. The Appellant can use the property at 3330 Wetmore Avenue, Everett, Washington, for office use subject to satisfaction of all requirenents and standards contaired in the pre�Tanuary 13, 1990, zoning Code. Dore arci dated this 25th day of Febmary, 1991. � �. �� J M. Dnsco , Hearing Examiner