5102 33RD AVE W 2016-01-01 MF Import

The City has not enforced the zoning standard violations of that property. (finding 9) 6. The City has had knowledge and a reasonable opportunity to discover the facts and circumstances of the inferior lot that was created as part �f the tax segregation of 1982. The Appellants and their predecesso:�s f�isve acted on the City's tacit approval of the development of the lot, as it exits today. They have ex�ended monies through development, maintenance, and financing of the structure over a long, long period of time. For the City to enforce the strict zoning standards of the R-S zone significant costs and disruption would result to the Appellants. 8. The decision of this matter is based on the immediate facts of this case. It is not made for the establishment of any precedent for future cases within the City of Everett. 6ecause of the unique factors that are involved in this matter, the reasoning for this ciecision is limited only to the instant facts. DEC�SION Based upon the precedi;ig Findinr:, of Fact and Conclusions and testimony and evidence submitted at the public hearing, it is hereby ordered that the City of EveretPs Planning Department decision denying the application by Henry and Constance Chapman for a non-conforming lot certificaticn of the property at 5102 — 33rd Avenue West, Everett, Washington is overturned and that the non-conforming lot ce�tification is granted for this property based on the specific facts of this case. With this lot certification, the Appellants are given no additional development rights, other than those as set forth for R-S zoned properfies. Done and dated this 3`d day of FeFruary, 2005. �w � �� Jam� . Drisr,oll Heanng Examiner 4 ��