3301 SHORE AVE 2016-01-01 MF Import

I oath when he implicated lhe Planning Department in resolving the matler by approving lhe project, 2 "it was resolved by Gnally getting a Iawyer to walk Ihe property,as well as the Citv of Everctt. the 3 Citv of Everett inspe,rotion department to walk the property. And they made a statement between 4 the two of them: The overhang is all right"(RP page 1861ines 11-16). 5 Tam Mcen, Deputy City Clerk,prepared a complete list of all records for the builders' 6 pro�rty,�nd there are no permits or approvals for either the change of lhe roof of the main 7 dwelling or the remodeling of the nonconfortning swcture. The last permit application by the 8 builders prior to thc current one was in 1977,well before any of these other projects c;ommenced. 9 In addition to violating EMC 41.050,lhese projects also violate provisions of Chapter 38 10 Nonconfortning Structures. EMC 38.020 Abatement of illegal uses,structures or lots states in I 1 relevant p:ui, ":uiy use, structure or lot which did not comply with the zoning calc requirements at 12 the timc it was established or constructed and docs not comp(y with the curtent zoning code is 13 illegal and shall be brought into compliance." The contlict causin�encroachment on the builders' 14 other ncighbor violates EMC 38.040, which states that nonconfortning structures in regards to 15 sctbacks can only bc made expanded such "that thc expansion dces not make the setback or height 1 G more nonconforniing". Mr. Rcinerlscn admits he extended the eves of this nonconforming 17 structurc evcn further, slating hc"extendcd thc overhang" (RP 185 lines 24-25). I 8 Lven in the time bctwcen the filing of this appcal and this memorandum, the builders have 19 started yct another project (sec altached pholographs). Whilc the as yet undetertnined squarc 20 footage may fall below 200 square fcet and be exempt from some rupects of the code,the location 21 of this new project is wcll within the rcyuircd side setback given by the builders themselves on 22 thcir deck projcct. 23 24 Atli�tORANUUM Of AI'I'Ii1.1.AMS'ARGUMIiNT AND Cn,��c DiLwoRt71:3125 Sl�o�us A«IivEp�i.WA 98203 '�5 AlP'IIORffYANU/ORSUPPI.IiM1.NT7'OMIiA10FUNUUM-B 123-J5J.7120 n(14 EXHIBIT #.�, PAGE„�pF�