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� <br />• <br />CITY OP EVERETT <br />PL7�NHING DEPARTMENT <br />PL1�IiHING DIRECTOR DETERHIN?.TION <br />/4-90 <br />T?}T7�(LIYt�f�1'T[]p; Section 38 of the Fverett 2oning Code addresses <br />nonconiorainq lots, or lots that do not seet the mini�ou� <br />regulze�ents for lot size or Width. Because the �erqer cltfuse <br />does not address allow►able uae for substandard lots in cos�eercial <br />zones, an interpretation by the Planning Director was nade on <br />�pril 4. 1990. The interpretation stated e need for <br />establishinq ad�inistrative procedures for. deteroining allowable <br />uses on sucn lots. <br />BaC��: Judy 8radley haa applied for a use per�it (Use� <br />Per�it /5--90) to convert an existing single-faeily dWelling <br />located at 3a23 Pine Street to an otfice. The property is zoned <br />C-2, Heavy Co�sercial. offices are a per�itted use, asswring all <br />soning code standards, including a�ini�u� lot size of 5,000 <br />square feet and �ini�ru� lot width of 50 leet are uet. The <br />subject lot is 4500 aquare feet in area and 37.5 feet Wide; <br />therefore, iL doea not �eet zoninq code standarde for �ini�u� lot <br />aiae or lot Width. The proposal Mrould involve an interior <br />resodel of the atructure. �xterior i�prove�aents would include <br />parking surfacing and landscaping. <br />A noncanfor�ainq lot is defined in the zoning code as "a legally <br />establfshed lot, the area, diwensions, or lxatian of which set <br />the applicable zoninq code require�ents in effect at the ti�e kha <br />lot �as created, but which fails by reason o! adoptivn, revision, <br />or asendsent of the zoning code to confor� to the present <br />requireaents of �he zone in vhich it is located." There ie <br />nothing in 5ectivn 38 of the 2oning cade that addres$es <br />peraitted uses on nonconfaraing lots in co�erci�l 2ones. <br />Tl�e Planning Directar interpretation issued on april 4, 1990 <br />stated that in effect, the sane range of uses allowed an <br />conforwinq lots witAin the C-2 zoning district would be peraitted <br />on nonconforaing lots, subject to Planning Director ApprovAl. <br />Prior to issuance o€ building peraits, the subject lot xust be <br />certffied as a leqal buildable lot. <br />LLl��1l� : I <br />l. The Iat located at 3223 Pine Street is a substandard lot' <br />which does nvt �eet zoning code standards for ■ini�ua lot <br />size or lot vidth. I <br />� <br />2. The applicant has proposed to convert the existinq sin- <br />gle-fa�ily residence on the lot to an office. offiae uses <br />are per�itted in the C-2 zone. <br />3. 7� decision by the Planning Director is required for a change'' <br />of use involving a sub�tandard lot vithin a consercial zone. <br />4. I�11 uses on substandard lots �ust be reviewed according to <br />the general evaluation criteria listed in Subsection <br />41.150.� oi the zoning code. The applicable generall <br />evaluation criteria are as follotrs: <br />a. The adequacy of streets, utilities and public services <br />required to serve a praposed use. <br />b. The ispact of traffic generated <br />the surrounding are�, pedestrian <br />safety; and the ability of the <br />such potential i�pacts. <br />_1_ <br />by the proposed use onl <br />ciraulation and public <br />proponent to �itigate� <br />