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1. Staff Report <br /> 2. Site Plan <br /> 3. Elevation Drawing <br /> 4. Aerials <br /> 5. Public Comment Letters <br /> 6. Applicant's Narrative Statement <br /> 7. SEPA Addendum <br /> 8. Photos (6) submitted by the Planning Department depicting the subject property <br /> 9. One photo sheet (2 photos) submitted by the Applicant depicting the building sign <br /> 10. Photos (4) submitted by Mr. Wexler depicting the subject property <br /> All of the exhibits are available for inspection at the Hearing Examiner's Office located at <br /> 2930 Wetmore Avenue, 8th floor, Everett, Washington. <br /> Based upon a review of the above record, the following Findings of Fact and <br /> Conclusions hereby constitute the basis of the decision of the Everett Hearing Examiner <br /> Pro Tern. <br /> FINDINGS OF FACT <br /> 1. The Applicant currently conducts business in several buildings separately <br /> addressed as 6324, 6400, 6408, and 6410 Evergreen Way. The business was <br /> founded in 1981 and purchased in 2006 by the current owner, the Applicant. The <br /> subject properties are designated "4.4, Mixed Use Commercial — Multiple Family" <br /> by the Everett General Plan and have a Mixed Use Overlay (MUO) zoning <br /> designation. The existing use is classified as "body repair, painting". Auto body <br /> repair is not an allowed use in the MUO zone. (Everett Municipal Code (EMC) <br /> 19.5, Table 5.2.) Because the use predates the 2012 adoption of the MUO <br /> designation, the use is legally nonconforming. A nonconforming use certification <br /> (NCU#14-011 & 14-012) was issued for the existing business. (Exhibit 1; <br /> Ingalsbe Testimony) <br /> 2. The instant proposal would authorize expansion of the auto body repair business <br /> into existing buildings at 6500 Evergreen Way (formerly retail carpet and auto <br /> parts stores). It also seeks after the fact authorization for the expansion of the <br /> use into a previously built addition onto the building at 6408 Evergreen Way. The <br /> existing floor area approved for the use is 19,382 square feet. Because auto <br /> body repair is not a permitted use in the MUO zone, the existing business is a <br /> legally nonconforming use. The proposal would increase the floor area of the <br /> use by 18,492 square feet. Expansion of the floor area housing a nonconforming <br /> use by more than 25% requires approval by the Hearing Examiner. The proposal <br /> would not result in new buildings; size, height, location, and setbacks of the <br /> existing buildings would not change. (Everett Municipal Code (EMC) <br /> 19.38.030.D; Exhibits 1 and 6) <br /> 2 <br />