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kt: <br /> Resolution No.555 EVE2ETT <br /> A Resolution Regarding the Appeal by Carol Lively, Terry Slatten, <br /> Mark Sullivan, and Joanne Wildman (Van Sant Property) <br /> To uphold the Hearing Examiner's Decision Denying Said Appeal and Affirming Issuance <br /> of <br /> NON-CONFORMING USE PERMIT #11-89 <br /> WHEREAS, The Court of Appeals of the State of Washington remanded the Van <br /> Sant Non-Conforming Use/Building permit to the City of Everett for further consideration <br /> of the ground floor commercial use of the building located at 4228 South 3rd, and <br /> WHEREAS, after considering the Court's direction and the testimony at a series of <br /> Public Hearings before the City's Hearing Examiner, on April 27, 1994 the Examiner <br /> issued a final decision on this matter, and <br /> WHEREAS, Joanne Wildman, and Terry Slatten appealed the Hearing Examiner's <br /> decision to permit the ground floor commercial use, and <br /> WHEREAS, the Hearing Examiner made findings, conclusions, and a <br /> recommendation which is hereby attached, and incorporated herein by reference; <br /> NOW, THEREFORE, BE IT RESOLVED, that the Everett City Council hereby <br /> finds that there is not a substantial error in fact, law, or procedure and denies the appeal <br /> and affirms the Hearing Examiner's decision permitting the Van Sant's to utilize the <br /> ground floor of 4228 South 3rd for commercial purposes. <br /> 130-e2r fr , <br /> Councilman Introducing Resolution <br /> Passed and Approved this 5 qday of /y , 1994. <br /> Council President <br />