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Craig Van Sant <br /> Appeal 11-89 <br /> Page -4- <br /> 10. The City of Everett has never certified the property as a non-conforming <br /> multiple family use. <br /> 11. The historical use of the building on the subject property includes <br /> numerous violations of City of Everett's codes. Included in these <br /> violations are: <br /> A. violation dated October 19, 1971, regarding the <br /> condition of the building; <br /> B. violation dated October 14, 1973, regarding the <br /> illegal occupancy of the building; and <br /> C. violation dated October 10, 1985, regarding the <br /> illegal occupancy of the building. <br /> In addition to the above violations, requests for inspection of the <br /> subject property were denied by the previous owner on January 9, 1989. <br /> The purpose of the request for the inspection was to determine if, in <br /> fact, the building was illegally occupied for residential purposes and <br /> if it was inhabitable and safe. <br /> 12. No non-conforming use of the property as a multi-family residence has <br /> existed for the building and property. <br /> CONCLUSIONS <br /> 1. The Applicant, the owner of the property at 4228 South Third Avenue, <br /> Everett, Washington, was issued a Certification of a Non-Conforming <br /> Use/Building Permit. This Certification was issued by the Director of <br /> Planning and Community Development on October 26, 1989 , for the <br /> Applicant's property. On November 6, 1989, the above mentioned <br /> appellants filed an appeal of this Certification. <br /> 2. The subject property is zoned R-2. The uses of the subject property as <br /> commercial and multiple family residential are disallowed without the <br /> Non-Conforming Use Permit. <br /> 3. Any non-conforming commercial use of the property that may have existed <br /> as a result of a variance that was issued on April 3, 1972, has <br /> terminated. The variance has lapsed. <br /> 4. The subject property is zoned R-2. The use of the subject property as <br /> commercial and as multiple family residential is disallowed without a <br /> Non-Conforming Use Permit. <br /> 5. Any non-conforming commercial use of the property that may have existed <br /> as a result of a variance that was issued for the same on April 3, 1972, <br /> has terminated. <br />