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CITY OF EVERETT <br />VIOLATIONS HEARING EXAMINER <br />City of Everett, a Washington ) <br />Municipal Corporation, ) <br />Respondent, <br />vs. ) <br />Peter R. McCann, Trustee <br />3417 Wetmore Avenue ) <br />Everett, Washington 98201 ) <br />Appellant(s) ) <br />Case No. 00-0946 <br />FINDINGS OF FACT, CONCLUSIONS <br />OF LAW AND ORDER OF THE HEARING <br />EXAMINER <br />This matter having come before the Violations Hearing Examiner on February 15, 2001, and the testimony of <br />witnesses having been heard and all exhibits admitted into evidence having been considered, the Violations <br />Hearing Examiner makes the following findings of fact and conclusions of law and order: <br />Findines of Fact: <br />1 • The McCann Trust with Peter R. McCann, Trustee is the owner of record of the property located <br />at 3417 Wetmore Avenue, Everett, Washington. <br />2. There are no curb cuts off 3417 Wetmore Avenue, Everett Washington, <br />3. On February 14, 2001 and prior dates, a vehicle parked in front yard setback was observed on the <br />dproperty at 3417 Wetmore Avenue, Everett, Washington. Entry to the site had been achieved by <br />riving the vehicle over the curb cut at 3417 Wetmore, Everett Washington. <br />4. Neither the trust nor anyone associated with the trust has ever secured permits from the City of <br />Everett to cross the curb or cut the curb at 3417 Wetmore Avenue, Everett Washington. <br />5. There is alley access to the structure at 3417 Wetmore Avenue, Everett Washington. <br />6. The driveway on site does not satisfy any of the development standards for driveways of the City <br />of Everett. <br />Peter R. McCann, Trustee was duly notified via certified mail of these conditions on January 24, <br />2001, was given the opportunity to correct these conditions; and, has had adequate notice of the <br />Opportunity to appear at the hearing to appeal the city's allegations. At the hearing Marianne <br />Longley, who stated to be a "beneficiary of the trust appeared. <br />