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. <br /> 4'44- <br /> ,,,,,"77 <br /> 38 <br /> RESOLUTION NO. 90 . <br /> iiiiir ,. / <br /> A RESOLUTION REVERSING THE HEARING EXAMINER'S DECISION <br /> AND GRANTING APPROVAL OF THE APPLICATION OF GERRY ANDAL FOR <br /> EXPANSION OF A NONCONFORMING USE AND VARIANCE -- <br /> NONCONFORMING USE# 1-93; VARIANCE # 11-93 <br /> WHEREAS, Gerry Andal, on behalf of Gerry Andal's Ranch <br /> Restaurant, filed an application pursuant to Chapter 2 . 23 . 130 EMC <br /> for Expansion of a Nonconforming Building Use Permit to allow a <br /> 4860 square foot addition to an existing restaurant with live <br /> entertainment; and <br /> WHEREAS, said application was evaluated by the City of <br /> Everett Hearing Examiner at public hearings on August 19, 1993 , <br /> and September 9, 1993 ; and <br /> WHEREAS, the City of Everett Hearing Examiner issued a <br /> decision denying the Andal application on September 24 , 1993 ; and <br /> WHEREAS, the applicant, filed a Request for Reconsideration <br /> of the Hearing Examiner's decision on a timely basis pursuant to <br /> 2. 23 . 190 EMC; and <br /> WHEREAS, applicant's Request for Reconsideration by the <br /> Hearing Examiner was denied by said examiner in an Order dated <br /> October 25, 1993; and <br /> WHEREAS, applicant filed a timely Notice of Appeal with the <br /> City Council pursuant to 2 . 23 . 200 EMC, and thereafter on December <br /> 8 , 1993 the City Council held a public meeting pursuant to <br /> 2 .23 .200 EMC, and determined that an erroneous procedure or <br /> substantial error in fact or error in law may exist in the record <br /> below; and <br /> WHEREAS, pursuant to EMC 2 . 23 .200 the city council <br /> determined that a public hearing should be held to make a <br /> determination whether an error in fact or law was made by the <br /> Hearing Examiner in reaching the decision to deny the applicant's <br /> Request for Approval of a Nonconforming Use Expansion and <br /> Variance; and <br /> WHEREAS, such appeal hearing was held before the Everett <br /> City Council on January 19 , 1994; <br /> NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE <br /> CITY OF EVERETT that pursuant to 2. 23 . 205 EMC the Hearing <br /> Examiner's decision in denying the application of Gerry Andal for <br /> Approval of a Nonconforming Use Expansion and Variance <br /> (Nonconforming Use # 1-93 and Variance # 11-93) is hereby <br /> reversed, and the application of Gerry Andal, as above <br /> 1 <br />