3301 SHORE AVE 2016-01-01 MF Import

Craig Dilworih/Carolyn Rygg 3225 Shorc Avenue Gverett, WA 98203 October 17, 20U5 Planning and Community Development Permit Counter 3200 Cedar Street, 2"' Floor Everett, WA 98201 RE: Appeals Statement for October 5,2005 decision regairding Permit NB0306-004 located at 3301 Shore Avenue Everett, WA 98203 To Whom It May Concem: We are :+ppe:ding the decisiun prepared on October 5, 2005 (atta:hed). �«��uS ANll I3ASIS FOR APPEAL: 1. Final Uccision on this Project is Yrematurc. The property linc involved in the decision is currently under litigation (�F55842-I-I). During construction and prior to any final decision on this pmject. the builders initiated litigation (N(k1-2-08016-7) involving this same property line on which their permit relies, and as such continucd building at their own risk. Other issues on this appeal, such as the violation of setbnck rcyuirements and the 30-inch section of deck, will be necessarily impacted by the pending litigation that will determine thc legal location of the property linc. This Iegal determination of the property line may well be different from the location of the property line given on the builder's pennit applir.rtion. The pending litigation is likely to make any revicw of the cunent project by the Hearing Examiner mout. '1'hese issues are morc properly addressed after the legal lacation of the property line involved in this project is detcrmined. Thus, cuRent argument of these issues can be seen as bcrih purely acadentic and premature. 2. Accotml:�bility of liuilder for Violations of the F.verett Municipal Code The EMC specifically pl:ues the responsibility for mceting the reyuirements of the cod� �nd all other applicable laws on the owner of the subject propertylproject. Thus far, thc builder has nut bcen held accountable for meeting the requirements of the law, either in this projcct for which he ultimately received pennit approval (after starting construction without a permit) or in other projects he detailed in the above mentioned litigation for which he ncver sought nor rcccived any permit or approvnl. Both the currcnlly permitted project �nd the still un-pemiitted projects are in violation of the law. ��b: