Resolution 2862 - Laserfiche WebLink

t.. RESOLUTION A Resolution directing the City Planning Staff to address George Swimm's Shake Mill as a Violation of the City's Zoning Code WHEREAS, on November 12, 1981 , the Snohomish County Superior Court declared that the operation of the Swimm sawmill in the R-1 zone is a violation of the City of Everett Zoning Code; and WHEREAS, the Snohomish County Superior Court further declared that the operation of the Swimm sawmill violated the May 7, 1979 decision of the Board of Adjustment regarding same and such an operation in the R-1 zone is a "public nuisance per se;" and WHEREAS, on November 12, 1981 , Judge Daniel Kershner, in view of the above, declared that the Swimms abate the sawmill immediately; and WHEREAS, the Judge stayed the effective date of his Order for 14 days to allow Mr. Swimm an opportunity to exhaust all possible alternatives which would allow him to bring the mill into compliance with the City of Everett Land Use Codes such as a Variance or a Rezone; and WHEREAS, on January 8, 1982, Swimm's Attorney brought a Motion to have the effective date of the Court Order further stayed, allowing Mr. Swimm to pursue an application for a Rezone with the City together with the understanding that if Swimm faithfully pursued a Rezone, the matter would not return to Court until such time as the Rezone/Comprehensive Plan change was denied or granted; and WHEREAS, on February 16, 1982, Swimm made application with the City's Planning Department seeking a comprehensive plan change and rezone to allow continued operation of the shake mill at this location; and WHEREAS, on June 29, 1982, the Planning Commission recommended denial of a Comprehensive Plan Amendment application by George Swimm, owner/operator, of the shake mill near 51st and Elm, Everett to change the Comprehensive Plan designation from Single Family Residential to Industrial; and WHEREAS, on August 4, 1982, the City Council concurred with the recommendation of the Planning Commission to deny George Swimm's Comprehensive Plan Amendment; and WHEREAS, following the denial of the Comprehensive Plan Amendment which precluded the rezone of the subject property, City Staff looked at other potential alternatives to ensure that all possible avenues of possible relief had been exhausted; and WHEREAS, on June 20, 1984, the City Council formally adopted residential policies as an update to the City's Comprehensive Plan which do not support the location of shake mills within any residentially-designated area within the City; and