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6. The Planning Depmment explained the development stand= for his property and that it would not accept a building permit application if the proposal was in violation of those standards, including setback requirements. 7. On February 18, 2009 the City Building Department received information that construction activities continued. 8. On February 18, 2009 Chief Building Inspector T. Budden inspected the property and posted a "Stop Work" Order. (Exhibit #1c- Inspection Report dated February 18, 2009 and Exhibit#1d - photograph of posting). 9. On February 23, 2009 the respondent presented a site plan to Teresa Firnstahl City Planning Department showing a distance of 10.5-feet from the single-family residence to the rear lot line. She told the respondent that, according to the site plan,the single-family residence does not meet the 20-foot rear setback requirement under EMC §19.06.010, Development Standards Table 6.1. The "'rear setback' means the required minimum distance between the rear lot line and any structure, building or use." EMC §19.04.020. The respondent requested a non-conforming use application to certify living space that existed prior to the addition,in the 20-foot rear setback. 10. On April 14, 2009 Chief Building Inspector T. Budden revisited the site and observed that the "Stop Work" Order posted on February 18, 2009 had been removed by someone other than the Building Division. Photographs were taken and Inspection Report generated to document the findings. (Exhibit #1 a - lb — Inspection Report dated April 14, 2009 and photograph by Inspector Budden). 11. On May 1, 2009, a Violation Citation was issued to the respondent, Steve M. Hale. The respondent was notified via Certified return receipt, and first class mail that conditions on the property violated provisions of the International Residential Code(hereinafter"IRC")as adopted by EMC §16.01 and the Everett Zoning Code. (Exhibit #2 - Violation Citation dated May 1, 2009). 12. The Violation Citation notified the respondent that he unlawfully removed a"Stop Work" order posted on the property, and required him to "Stop Work" on the addition to the single-family residence and obtain the necessary permits to continue the work and take actions necessary to bring the residence into compliance with the issued permits. 13. The Violation Citation further advised that if the respondent intended to seek a land use decision for non-conforming setback, a non-conforming use application was required to be submitted to the City Planning Department by May 8,2009. 14. On May 8, 2009, the respondent made application for non-conforming use certification to the City Planning Department. 15. On May 22, 2009 a letter of denial was issued by Gerry Ervine,Land Use Manager. The respondent's request to certify a portion of the former building located in the 20 foot setback as living space was denied. (Exhibit#3 -Letter from Gerry Ervine Land Use Manager dated May 22,2009). 16. The respondent did not appeal the Land Use Manager's decision. EXHIBIT (e 2