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9. On August 3, 2010, the Respondent e-mailed Code Officer Fagerstrom, confirming <br /> that the tenant had moved out of the illegal unit. The unit remains vacant. <br /> (Testimony of Mr. Fagerstrom; Testimony of Mr. Claughton) <br /> 10. On November 15, 2010, Building issued Combination Permit#WC1010-002 to the <br /> Respondent. The permit would allow construction activity to bring the property <br /> into full compliance with the Everett Municipal Code. (Testimony, Mr. Lee) <br /> 11. At the public hearing a City representative indicated that the status of the subject <br /> property was unclear as to what code violations remain on site since the issuance <br /> of permit#WC1010-002. In light of this testimony, at the hearing the Hearing <br /> Examiner verbally ordered that the hearing remain open for the purpose of <br /> supplementing the record with a status report by a City's Building Official. <br /> 12. Mr. Kirk Brooks, a Building Department official, visited the site subsequent to the <br /> hearing. Pursuant to an oral order of the Hearing Examiner, on December 3, 2010, <br /> he submitted a status report of the condition of the property (hereinafter referred to <br /> as the "Brook's report") (Exhibit# 15, Kirk Brooks Report dated December 3, 2090) <br /> 13. In the Brook's report there were 6 items called out and the status of each item was <br /> described. Each item corresponded to the numbers of items that had been required <br /> in the City's Planning Department's response to a site plan that had been submitted <br /> by the Respondent on September 8, 2010. (Exhibits 12 and 12a) Each of these <br /> items is restated and the City's response. <br /> • 1. Move the south wall of the garage (the building adjacent to the alley) <br /> to a minimum of 5 feet from the south property line, and move the <br /> north part of the structure so it is no further north than the north wall of <br /> the adjacent accessory building. <br /> o Response: This work has not been completed <br /> • 2. Modify the deck structure extending into the north setback area so it <br /> does not extend beyond the north wall of the accessory building or so <br /> it does not exceed 30" above grade within the required setback area. <br /> o Response: This work has not been completed <br /> • 3. Remove the roof of the patio cover or any combination of other roof <br /> structures to the extent that lot coverage by all structures with a roof <br /> covering does not exceed 40 percent of the total lot area. <br /> o Response: A portion of this work has been completed. <br /> Additional computations will be required to verify that the <br /> "not to exceed 40 percent" rule is in compliance. <br /> 4. Modify the structure located on the south side of the principal <br /> dwelling so no portion of the structure is within 5 feet of the south <br /> property line or east of the wall of the principal dwelling. <br /> 4 �� <br />