3330 WETMORE AVE 2016-01-01 MF Import

IIi �S lATP�t OP '� ]�l�iIS'IIt!►TIVS 11PP@1L �ppg,u, #7-90 Q' A'��ifs F. lY1Y�t � On Novanber 9, 1990, the Hearing Examiner of the City of Evetett (Hearing �y��z� denied an appeal of Kenneth Mayer (Appellant) of the City of Everett's Planning Department's refusal to process a Use Peanit application for property located at 3330 Wetmore Avenue, Everett, Washington. The der�aion was issued based on testimony and evidence presented at a public hea[ing held on August 14, 1990. At the public hearing the City of Everett's Planning Department presented testimony ard evidence that the P,ppellant's property was located in an R-4 Milti-Family Density Zone and that the proposed office use of the Appellant was not an allowed use pursiant to the Everett Zoning Code that becane effective on January 13, 1990. SUbsequent to the decision, tl�e City of Everett's Planniny Depa�tment co�in a lG� �e��'' �erfacts��eL thfurther treview, the s E�verett , Plannin9 pepartment detecmired that its original denial of the Use Pecmit was inoorrect because the Appellant's property was considered a non�onfocming use. it was priorateJanuacy13,�1 909 To support this decisione th 1Planning DaPacltrt�t detecmined that �eliance by the Appellant of the utility services to the site supplied by the City pcior to the effective date of the new Zoning Code, created a right for the Use Pennit. q� February 14, 1991, the Evecett Planning Depertment and the Appellant jointly moved �er � Ci�aealso�sahmittedVadditionalesupportlofssaid motiona non�onforming Y Having oonsidered the City's new interpretation of the fa.:ts and the joint petiti� of the '�lanning Department and the Appellant and ro adverse testimor�y or evidence being apparent to counter these positions, it is hereby ocdered: 1. 2. The decision of the Hearing Examiner, August 31, 1990, is herehl+ withdrawn. The ocder of the Hearing Examiner of Novenber 9, 1990, is hereb�+ withdrawn. 3, The Appellant's property at 3330 Wetmore Avenue, Everett, Washington, is oonsidered to be a non-conforming use and an office use is permitted. q, The Appellant can use the pcoperty at 3330 Wetmoce Avenue, Everett, Washington, for office use subject to satisfaction of all requicenents arcl standards oontait�ed ��O in the pre-January 13, 1990, Zoning Code. pone and dated this 25th day of February, 1991. i'1. N,G�O�� J M. Dr sc , Hearing Examiner �d�'� �,�g� �" � ��e��F��',�� . • �� da��d� Q