Resolution 3326 - Laserfiche WebLink

' r F Craig Van Sant Appeal 11-89 Page -7- In Washington, the intent to abandon a non-conforming use is a question of fact for the trier of fact, Bartz vs. Board of Adjustment, 492 P.2d 1374, 80 Wn.2d 209. It must, however, be established that the non-conforming use existed before it can be determined if it was abandoned. No such use did exist for the non-conforming residential use of the subject property and, therefore, any multi-family residential use is contrary to the R-2 zoning designation and its allowed uses. Although a commercial non-conforming use may have existed on-site, it has been abandoned. The Washington Court of Appeals has decided that if a non-conforming use is abandoned or discontinued, the right to continue it comes to an end, Andrew vs. King County, 582 P.2d 509, 21 Wn.App. 566. Because the previous owner's activities were not continuous commercial activity, the commercial non-conforming use was discontinued and abandoned. There was not a commercial non-conforming use for the subject property. The issuance of the Certification of a Non-Conforming Use and Building for the property at 4228 South Third Avenue, Everett, Washington, was in error and should be withdrawn. Done and dated this 12th day of January, 1990. cnt-P0 414.4444!. James M. Driscoll Hearing Examiner The decision on this application has been made by the Hearing Examiner based on the authority granted in Ordinance 692-80, as amended. It is final unless the following procedure is followed: 1. Any aggrieved party of record who has actively participated in the hearing before the Examiner may file a written request with the Examiner for reconsideration within ten (10) working days of the date of the Examiner's decision. The Examiner's mailing address is City Hall, 3002 Wetmore Avenue, Everett, WA, 98201 and the location of the Examiner's office is 2731 Wetmore Building, 3rd floor. The request shall explicitly set forth alleged errors of procedure, fact or law. The Examiner shall act within ten (10) working days after the date of the filing of the request for reconsideration by either denying the request, issuing a revised decision or calling for an additional public hearing. If an additional hearing is required, notice of said hearing shall be mailed to all parties of record not less than five (5) working day prior to the hearing date. The final date for requesting reconsideration is January 29, 1990. 2. Within ten (10) working days after the Hearing Examiner's action on the request for reconsideration, the aggrieved party may file a written appeal with the City Clerk's Office, City Hall, 3002 Wetmore Avenue, Everett, WA 98201. If appealed properly, the matter will be submitted to the Everett City Council for further consideration.