Laserfiche WebLink
iyot;mil <br /> Resolution No. S ffb <br /> A Resolution Regarding the Appeal by George Newland, Walter Selden and John Schack <br /> (Brandvold Bed and Breakfast ) <br /> To remand the Hearing Examiner's Decision Re: Appeal#1-94 and Issuance of <br /> USE PERMIT #5-93 <br /> WHEREAS, after considering the testimony at a Public Hearing before the City's Hearing <br /> Examiner, on May 4, 1994 the Examiner issued a decision on this matter; and <br /> WHEREAS, Bradford N. Cattle attorney for George Newland, Walter Selden and John <br /> Schack appealed the Hearing Examiner's decision to issue Use Permit # 5-93 allowing the <br /> Rucker Mansion at 412 Laurel Drive to be used as a bed and breakfast facility; and <br /> WHEREAS, the City Council considered this matter at a Public meeting on August 3, <br /> 1994; and <br /> WHEREAS, the City Council determined that the Hearing Examiner may have made a <br /> substantial error in law by not adequately addressing the language contained in EMC <br /> 19.2.070 which reads as follows: <br /> "Relationship to Other Regulations and Requirements. All uses and development <br /> authorized by this Ordinance shall comply with all other regulations and <br /> requirements of the Everett Municipal Code or any other local, state or federal <br /> agency that has jurisdiction by law over land uses and development authorized by <br /> this Ordinance. Where a conflict exists between this Ordinance and other <br /> regulations, the more stringent requirements shall apply. If the requirements of <br /> any section of this chapter conflict with any other section, the more restrictive <br /> requirement shall apply.(Emphasis Added) If, in the opinion of the Planning <br /> Director, neither section is more restrictive, the Planning Director shall determine <br /> how to apply the code."; and <br /> WHEREAS, Conclusions contained in the "Findings and Decision of the Hearing <br /> Examiner of the City of Everett in the matter of the appeal of George Newland, Walter <br /> Selden, & John Schack of the issuance of a Use Permit" must be modified to address <br /> provisions in the Zoning Code for resolving conflicts between different sections of the <br /> code. <br />