9031 11TH PL W 2016-01-01 MF Import

� � � ! , plat was approved. Na changes authorized by this section may cause any of the following: , 2. An inciease in h'�e overall ground coverage of I structures; , The City's interpretation is that "overall gr!:und coverage of structures" � refers to structures on individual lots within the PRD. However, the i phrase "on individual lots" is not included in EMC 19.32.200(2). The � ordinance is uncle�r if the "overall ground coverage of structures" refers � to the coverage on individual lots within the PRD or to coverage on all of ; the property of the PRD. Without this clarity the City cannot deny the � application. The ordinance is vague as to its meaning, and the City cannot add language to the ordinance to suppert its position. Lutheran Dav Care vs. Snohomish Countv 119 Wn.2d 91) 3. The alteration is a minor one that wculd have been allowed at the time of vesting in Snohomish County. At t�e time of the PRD approval, the lot could have been altered with the proposed changes. Because of the � vagueness of EMC 19.32.200(2), the Appellant can do the proposed changes to the structure upon issuance of the necessary permits. DECISION Based upon the preceding findings of facts and conclusions, testimony and evidence submitted at the public hearing, and upon the impression of the tiearing Examiner at a site view, it is hereby ordered that the City Planning Director's Interpretation #5-99 dated November 1, 1999, was in error, and the Appellant is allowed to submit an application for a Building Permit for the ; alteration of the structure at 9031 — 11�" Place West, Everett, Washington. Notwithstanding EMC 19.32.200(2), the City shall review the applicztion and issue the necessary permits consistent with the ordinances of the �ity of E Everett. Done and dated this 28�' day of February, 2000. � � �� i. �,�� Jar M. Driscoll Hearing Examiner 75 l-----� �