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• Response: A field inspection by the Building Official has <br /> verified that this work is complete. <br /> • 5. The detached accessory building is not to be occupied for residential <br /> purposes unless permitted by an amendment to the zoning code and <br /> required permits for the conversion to a dwelling unit are secured by <br /> the owner. <br /> o Response: The accessory building appears to be <br /> unoccupied at this time. Beds and other furniture <br /> previously observed have been removed, the cooking <br /> range from the kitchen area has been removed, and the <br /> wiring for the range has been decommissioned. <br /> 6. Owner shall obtain all permits required by the Building Division <br /> within 90 days of the date of this agreement. <br /> o Response: Owner of the property has acquired the <br /> necessary permits, including an electrical permit and a <br /> combination permit for partial building demolitions, <br /> plumbing, and mechanical. Owner has also provided a <br /> report from "Banner Inspections" as requested by the <br /> Building Official. <br /> (Exhibit 12a and Exhibit 15) <br /> 14. Pursuant to an Order of the Hearing Examiner, Mr.Claughton was given opportunity <br /> to submit written comments to the Brook's report. Mr. Claughton was allowed to <br /> submit a response by, December 23, 2010. (Exhibit#17, Order Allowing Response <br /> dated December 16, 2010). None was submitted. <br /> 15. Subsequent to the open record hearing in this matter Mr. Claughton submitted an <br /> email that has been included in the record. The first argument raised in the email is <br /> that the City of Everett has not defined what the definition of a dwelling unit would be <br /> if an ordinance were passed allowing detached accessory dwelling units on the <br /> property. This argument is moot because it seeks a response of a non-allowed <br /> situation. It also seeks an answer for a situation that did not exist at the time of the <br /> code violation. The second argument submitted is that the Respondent seeks a <br /> "compromise" on the height of the fence on site. Although the Respondent argued <br /> that the fence did exceed the height standard for fences in Everett, he submitted that <br /> relief should be granted because the fence has been on the property for over 18 <br /> years and that the City has not pursued the matter during that time. (Exhibit # 16, <br /> Email from Mr. Claughton dated December 3, 2010) <br /> 16. Mr. Claughton submitted a site plan to the City which was used to determine lot <br /> coverage calculations. The dimensions were verified on the City's aerial <br /> photographs. The City concluded that the lot coverage originally calculated with all <br /> building appurtenances in place amounted to 47% of the lot (3346 sq. ft 7200 sq. <br /> ft. = 0.47 = 47%). The required lot coverage for the R-2 zoned property is 40% <br />