3605 22ND ST 2016-01-01 MF Import

7. Copy of E.M.C. 19.4.020, page 4-20 - Zoning definition of "Non- conforming Use" 8. Copy of E.M.C. 18.32.020 - Policy Language in Subdivision Code AII of the exhibits are available for inspection a� the Hearing Examiner's Office located at 293G Wetmore Avenue, 8th floor, Everett, Washington. After due consideration of the testimony and evidence presented by the Appellant, testimony and evidence elicited during the public hearing, and as the result of the personal inspection of the subject property and surrounding areas by the Everett Hearing Examiner, the following Findings of Fact and Conclusions constitute the basis of the decision of the Everett Hearing Examiner. FINDINGS OF FACT The Appellant is the owner of a 10,890 square foot parcel that consists of lots 14-16, Block 456 in the Plat of Altamont Addition to Everett (subject property). On-site is a single-family residence (2127 Harrison Avenue, Everettj that was constructed in 1910. There is also a duplex structure on-site (3605 - 22nd Street SE, Everett) that was constructed in 1978. in 1998, the Appel�ant sought a Certification of a Non-conforming Use for the duplex. The Certification was denied by the City Planning Director on June 12, 1998, and the Certification was again denied on February 3, 2000. The Appellant appealed the denials. (exhibit 1, Palacios testimony) 2. In 1978 the City of Everett issued a Building Permit for the construction of the duplex. Although the plot plan that was presented to the City at that time did not correctly and accurately describe the subject property and did not include depiction of a single-family residence on the parcel, the City Building O�cial granted the Building Permit for the duplex. There is no evidence as to whether a site view was done at that time. The duplex was constructed and has been in use since 1978. All of this activity wa� done by a predecessor of the Appellant. (exhibit 1, Palacios testimony) 3. The zoning for the subject property is R-2, Single-Family Residential. In an R-2 zone, single-family residences are required to have a minimum lot size of 4,500 square feet and duplexes must have a minimum lot size of 7,500 square feet. In an R-2 zone, two separate structures, such as that as exist on the subject property, are not permitted unless a Non- conforming Use Certification is granted. (exhibft 1) 2