3301 SHORE AVE 2016-01-01 MF Import

Craig Dilworth/Carolyn Rygg 3225 Shore Avenuc Everett, WA 98203 Octobcr 17, 2005 Planning and Community Devclopment Permit Counter 3200 Cedar Strect, 2'"' Iloor Evcrett, WA 98201 RE: Appeals Statement for October 5,2005 decision regarding Permit kB030G-O(?4 located at 330I Shore Avenue Everett, WA 98203 To Whom II May Conccrn: We arc appealing the dccision prepared on (ktotxr 5, 2005 (attached). ISSUEti ANU I3ASIS FOR APP�AL.• 1. Final Ikcision on this Projcct is Prematurc. The property linc involved in the decision is currcnlly unJcr litigation (;V55842-I-1). Uuring construction and prior to any final Jecision on this project, the builders initiated litigation (N04-2-08016-7) involving this same property line on which their permit relies, and as such continucd huilding at their own risk. Other issues on this appeal, such as the violatiou of sctback rcyuirements and thc 30-inch seclion of deck, will be necessarily imp�icled by thc ��ending litigation that will dctemiine the legal location of the property linc. This Icgal Jctcrmination of Ihc pro�xrty linc may well be different from the location af thc property line given on thc builder's �xrmit application. Thc penJing litigation is likely to makc any revicw of the current project by the Hcaring I:xamincr moot. Thcsc issucs are more properly addresseJ after thc legal Icxation of Ihc property linc invnlved in this projcct is determined. Thus,current argumcnt of thcse issucs can be secn as both purcly :icadcmic and premature. 2. Accounlability of IDuildcr for Violations of thc Evcrclt Municipal Codc The HMC spccifically pl�ices the responsibility for meeting thc requirements of the code and all olher:ipplicablc laws on the owncr of thc subject property/project. Thus lar, thc builder has not becn held accowitable for mecting thc reyuirements of the law, either in this project fur which he ullimalcly receivecl pemiit :ipproval (aflcr starting construction withnut a permit) or in other projects he detailed in lhe above mentioned litigation for which he nevcr sough� nor rcceivcd any permit or approval. Both the currently pcnniltrd projcrt and the s�ill un-pertnilted projecls :ve in violation of the law. � EXHIBIT # � PAG��F�