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The truck loading area is proposed to be located on the <br /> south side of the addition, between the new addition and the <br /> south property line. The loading dock would be <br /> approximately 10 feet from the property line. The Zoning <br /> Code requires a minimum 25 foot setback for loading docks <br /> established for new restaurants. However, the existing <br /> loading dock is nonconforming, and this nonconformity may <br /> continue, as permitted by EMC Chapter 19.38. <br /> Conclusion: Other permitted uses in the C-1R zone (i.e. , <br /> restaurants and taverns) would be allowed to establish <br /> accessory uses and activities within up to 10 feet of <br /> residentially zoned property. The impacts associated with <br /> the proposed expansion would be similar to those for other <br /> uses, which are permitted without special review. The <br /> Hearing Examiner's decision does not acknowledge the <br /> similarities between Andal's Restaurant and other uses in <br /> the C-1R zone with respect to accessory uses and activities. <br /> 3. Issue: Alleged Error of Fact #3. The Appellant disputes <br /> the Hearing Examiner's conclusion that there would be an <br /> increase in odor resulting from the increase in garbage <br /> generated by the expanded facility. This allegation refers <br /> to the Hearing Examiner's conclusion that the expansion <br /> would result in an increase in garbage stored on the site, <br /> which could create additional odor. <br /> Findings: The proposed location of the refuse storage/ <br /> disposal facility is along the south property line, <br /> approximately 10 feet from the property boundary. This <br /> facility is considered an accessory structure, which could <br /> be established in this location if it were serving another <br /> permitted use in the C-1R zone. The impacts related to odor <br /> would be similar to impacts generated by a restaurant or <br /> tavern, which are permitted outright. <br /> Conclusions: The impact of odor from the refuse storage/ <br /> disposal facility would be similar to impacts from other <br /> commercial uses in the C-1R zone. (See Findings and <br /> Conclusions under Items 1 and 2, above. ) <br /> 4. Issue: Alleged Error of Law. The Appellant maintains that <br /> the Hearing Examiner has incorrectly interpreted and applied <br /> the 1990 Zoning Code standard which required a 100 foot <br /> setback for restaurants with live entertainment. The letter <br /> of appeal references the Hearing Examiner's evaluation of <br /> the proposal's consistency with the Everett General Plan. <br /> Findings: The Hearing Examiner concluded that the proposed <br /> expansion. . . <br /> 4 <br />