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3. The duplex is a long established use which did not meet the Zoning <br />Code requirements at the time it was established. However, by reason <br />of the City's allowance of the structure, including the issuance of the <br />Building Permit and other permits, the City has waived its right for <br />contesting the non-conforming status of the site. (findings 2, 3, 4, 5) <br />4. TFie non-conforming use is long established. <br />DECISION <br />Based upon the preceding Findings of Facts and Conclusions, testimony and <br />evidence submitted at the public hearing, and upon the impression of the <br />Nearing Examiner at a site view, it is hereby ordered that the City's denial of the <br />Non-Conforming Use Certification on February 3, 2000, is hereby overtumed. <br />Because of the City's allowarce of the duplex on-site for 22 years and because <br />the Appellant was a good faith purchaser who did nothing to add to the non- <br />conforming status, the use is reasonable and can be allowed. <br />Done and dated this 15th day of August, 2000. <br />�. �D,� <br />� <br />Ja M. Driscoll <br />Hearing Examiner <br />4 <br />