1509 MCDOUGALL AVE 2017-07-10 - Laserfiche WebLink

UPI b. The City of Everett Zoning regulations codified in EMC 19.5 (Use Tables) prohibit the use of a detached garage as residential space. c. The City of Everett Zoning regulations codified in EMC 19.6 (Development Standards Table) require certain setback distances from property borders and cap the lot coverage by buildings. d. The City of Everett Zoning regulations codified in EMC 19.34 require a certain number of parking spaces be provided on residential property for the residence and any auxiliary buildings. e. The present use of the detached garage at 1509 McDougall Avenue violates EMC 19.5. f. The size and placement of the garage structure at 1509 McDougall Avenue violates EMC 19.6. g. The lack of parking spaces on the property at 1509 McDougal Avenue violations EMC 19.34. h. Pursuant to EMC 1.20.040(6)(d), the Violations Hearing Examiner has the authority to order the abatement of any violations of the Everett Zoning code (Chapter 19). III. Order: Based on the findings of fact and conclusions of law, the following Order is issued: a. A drawing, not to scale, of the detached garage at 1509 McDougall Avenue, and marked by the word "alley" with portions of the drawing numbered indicating areas of the garage, shall be incorporated in this order, and identified as Garage Drawing. Respondents shall allow city officials, including building and fire, to inspect the property, including inside'the garage, within 10 days of this entry of this order. c. All construction or demolition on the property shall be done only after Respondents apply for and receive proper permits. d. If the Nguyen family continues to own and live at 1509 McDougall, they shall cause the garage to be remodeled in a phased process to be described below, and in five years hence, no longer be used as a residence,but as a non-residential auxiliary building. i. Phase 1, to be completed by November 3, 2006: the area identified by the number 4 in the Garage Drawing shall be removed. ii. Phase 2, to be completed by November 3, 2007: the area identified by the number 3 in the Garage Drawing shall be removed and converted to off-street parking. iii. Phase 3, to be completed by November 3, 2010: all other additions, identified as numbers 6 and 7 in the Garage Drawing shall be removed. e. If the Nguyen family sells 1509 McDougal, either on contract or through a purchase by mortgage or in any other manner, the garage shall cease to be used as a residence immediately and Phase 1, 2 and 3 shall be completed by the date of closing. f. Only members of the Nguyen family may reside within the. garage until all three phases are complete. The garage may not be rented or leased to anyone outside of the family and no one outside of the family may reside therein. r43, Upon completion of the fire and building inspection, and upon complying with any conditions required immediately by the fire or building inspectors, members of the Nguyen family may reside within the garage until it is sold or for five years, which ever comes first. h. The City of Everett shall cause this document to be filed with the Snohomish County Assessor's Office. i. Pursuant to EMC 1.20.040(f), any person to whom this order is issued may appeal this matter by following the procedure set out in the Revised Code of Washington 36.70C. j. A fine of $500 for failure to complete each phase of the project, or a total of$1,500, shall be suspended pending compliance with this order. Upon successful completion of each phase, the fine shall be reduced by$500. City v Nguyen / 01-0668 Findings of Fact,Conclusions of Law and Order Page 2 of 3