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Craig Van Sant <br /> Appeal 11-89 <br /> Page -5- <br /> 6. The non-conforming commercial use of the property has not been <br /> continuous and, therefore, the property is not a commercial <br /> non-conforming use. <br /> 7. No multi-family residential non-conforming use has been established for <br /> the subject property. <br /> 8. The subject property is not a non-conforming use for residential nor <br /> commercial purposes. <br /> DECISION <br /> Based upon the preceding findings of facts and conclusions, the testimony and <br /> evidence submitted at the hearing, and upon the impressions of the Hearing <br /> Examiner of the site view, the following decision is entered: <br /> **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** <br /> **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** **** <br /> In order for a decision to be made on the appeal of the City's administrative <br /> decision for the issuance of a Certification of Non-Conforming Use/Building <br /> for property at 4228 South Third Avenue, Everett, Washington, the following <br /> issues must be resolved. <br /> 1. Was there a commercial non-conforming use established <br /> for the property and has this use been continuous? <br /> 2. Was there a multiple family non-conforming use <br /> established for the property and has this use been <br /> continuous? <br /> As noted in the findings, it is critical to any discussion of the appeal that <br /> it be emphasized that the property is zoned R-2 and that the property has <br /> historically been zoned Single Family Residential. Further, it must be noted <br /> that the only way the property can be used as a commercial or multi-family use <br /> is as a non-conforming use or building. <br /> I. <br /> WAS THERE A COMMERCIAL NON-CONFORMING USE ESTABLISHED FOR THE PROPERTY <br /> AND HAS THIS USE BEEN CONTINUOUS? <br /> The Applicant contended that the previous owner of the property established it <br /> as a commercial use. The basis of this contention is that the City, through <br /> the Everett Board of Adjustment, on April 3, 1972, established the <br /> non-conforming commercial status of the building. According to the Applicant, <br /> the previous owner, who purchased the building on May 12, 1973, continued the <br /> non-conforming commercial use until he sold the property to the Applicant, who <br /> contends that the commercial use has been continued to the present. <br />