4910 27TH AVE W 2018-01-02 MF Import

November 14, 1990 Ned Johnston Attorney at Law 3411 Oakes Avenue Everett, WA 98201 Re: Sterling Homes Property Dear Ned: Q-1 � 1 IL" JWND NOV 15 1990 CITY OF EVERETT Public Works Dept. everett On behalf of Richard Farrar and Stream -Keepers, you have inquired concerning the availability of any administrative appeals procedure which would authorize an appaal from the issuance of a construction permit by the City's Building Division of the Public Works Department. It is your position that Construction Permit No. 25612 issued by the City was done so in error because it does not comply with short subdivision requirements and environmental constraints. You have asked if it would be appropriate to appeal the permit pursuant to EMC 16.64.030. EMC 16.64.030 is a section of an ordinance which ordinance establishes the City's board of review. EMC 16.64.030 provides in part that "Any person or persons aggrieved by an order or action of the appropriate city official charged with the responsibility of enforcing the provisions of the respective codes or ordinances set forth in Section 16.64.010 of this chapter may appeal from such order or action by filing a written appeal with the City Clerk " It is your position that your clients are aggrieved by the decision of the Building Official who issued a construction permit pursuant to the provisions of the Uniform Building Code and, as such, are entitled to an appeal to the board of review. The section of the ordinance which you reference for the appeal is only ore section of the ordinance. The first section of the ordinance, Section 16.64.010 entitled "Established - Purpose" reads in part that "There is created and established a board of review (board of appeals), hereinafter referred to as the "board," for the purpose of determining the suitable alternate materials, alternate types and methods of construction and reasonable interpretation regarding the following codes: A. Uniform Building Code . The second section of the ordinance, Section 16.64.020, provides that "The board shall consist of seven members who are qualified to pass upon matters pertaining to the codes and ordinances set forth in Section 16.64.010. .