10708 HOLLY DR 2018-05-22 - Laserfiche WebLink

r FINDINGS AND DEC1510N OF THE HEARING EXAMINER PRO TEM OF TFiE CITY OF EVERET� �� ,��,� IN THE MATTER OF THE APPEAL OF RICHARD WEBSTER APPEAL #11-001 DECISION: The appeal of the Everett Planning Director's decision regarding non-conforming use certification for a detached accessory dwelling unit at 10708 Holly Drive, Everett, Washington, is denied. The Everett Planning Director's January 4, 2011 decision remains as issued. �� INTRODUCTION On January 4, 2011, the Everett Planning Director issued a decision that denied non- conforming use certification for a detached dwelling unit in the R-2 zoning district at 10708 Holly Drive. Property owner Richard Webster (Appellant) timely filed an appeal of the administrative decision on January 18, 2011 with the assistance of John Kenney, a friend acting in the capacity of agent. The City's appeal process requires the Appellant's statement of all issues on appeal, a list of witnesses, and a list of exhibits offered to be filed within ten days of requesting the appeal. On January 26, 2011, Mr. Kenney requested an extension of time to prepare for the hearing on Mr. Webster's behalf. On February 1, 2011, the Hearing Examiner Pro Tem granted the request for additional time and issued an Order setting the schedule for the appeal hearing consistent with the City's appeal process. The Order required the Appellant to submit his appeal memorandum and witness/exhibit lists by close of business on February 24, 2011. The matter was set for hearing on March 17, 2011 . On February 24, 2011, an individual named Danielle Love submitted a written request for another extension, stating she had only recently become aware of the situation and that she needed additional time to help the Appellant prepare for the hearing. Neither the Appellant nor Mr. Kenney submitted anything in response to the Order. However, by Order dated February 25, 2011, the Hearing Examiner Pro Tem extended the submittal deadline a second time to allow the Appellant to obtain information related to his appeal, noting that Mr. Kenney's address was not on file with the city at the time the first order was issued. The Appellant did not submit any information in advance of the hearing, as required by the February 25, 2011 Order. However, the hearing convened as scheduled before the City of Everett's Hearing Examiner Pro Tem on March 17, 2011 . � �� /