Resolution 3326 - Laserfiche WebLink

Craig Van Sant Appeal 11-89 Page -3- FINDINGS OF FACTS 1. Craig Van Sant, 202 - 96th Place S.E. , Everett, Washington, 98208, (hereinafter referred to as Applicant) is the owner of the property located at 4228 South Third, Everett, Washington. Mr. Van Sant purchased 4228 South Third Avenue on May 31, 1989, and since that time he has used it as a car detailing shop for such purposes as car cleaning, waxing, washing, etc. 2. In addition to the commercial use on the main floor, the Applicant has proposed a conversion of the top floor of the building to three residential dwelling units. The proposal of the Applicant would not result in any structural change in the exterior of the building. 3. Any use of the building on-site as residential dwellings must be reviewed pursuant to EMC 19.48, Conversions of Structures in an R-2 Zone to a Multiple-Family Use. The conversions must satisfy the criteria of EMC 19.48.020. 4. The subject property, annexed into the City of Everett on February 6, 1962, has an R-2 zoning designation. On April 3, 1972, a variance for the property was granted by the Everett Board of Adjustment, for designation of the building on-site as a non-conforming commercial building for commercial purposes. 5. The property is located in the Lowell Neighborhood of the City of Everett. The surrounding uses are residential and are developed as such. 6. On May 12, 1973, Ronald Cole acquired the subject property. Mr. Cole used the property for a recycling business conducted on-site and used the building's main floor as an adjunct to a neon sign business. 7. During the time Mr. Cole owned the subject property, no Business License was acquired from the State of Washington or the City of Everett for the use of the property. No registration of the property was made with any of the taxing departments of the State of Washington. The building was used in conjunction with Mr. Cole's business, a neon sign company, that had its main office in Seattle. 8. During the period of time Mr. Cole owned the property, his main place of business was in Seattle. The activity in the building on-site was done during off hours, or when Mr. Cole brought work home from the Seattle plant. Any non-conforming commercial use of the property has terminated because the variance of April 3, 1972, has lapsed, and, the commercial use has not been continuous since that time to the present. 9. As set forth in the staff report, the subject property is 11,400 square feet. From the information submitted it is unclear if the lot is this size or if this is the square footage of the building. However, the second floor of the building does contain 3,028 square feet.