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Findings and Decision of the <br />Hearing Examiner of the City of Everett <br />RE: AA-1-86 <br />Page 2 <br />FINDINGS OF FAC7� <br />1. The Appellants are the cwners of property located at 7901 Beverly <br />Boulevard, Everett, Washinqton. This lot is an 8,000 square foot <br />lot on which two residences are located. The property is zoned R-1. <br />It is the intent of the Appellants to subdivide the 6,000 square <br />foot lot into two lots for the purpose of selling one of the <br />structures. (Staff report, Gray testimony) <br />2. All lots in R-1 zones are required to be 7,000 square feet. In <br />order for the Appellants to subdivide the property into two smaller <br />lots, they must obtain a variance for a reduction of lot area. The <br />City of Everett's Planninq Department determined upon a review of <br />Ordinance 1119-85 Section 4(d)(3} that all lots created in a short <br />subdivision must be in compliance with existing zoning regulations <br />and that a variance is not allowed. (Wood t.estimony) <br />g <br />3. The houses on the subject property are older ctructures. The <br />house on the eastern portion of the lot was conatructed in the . <br />mid 1920s. The house on the western portion of the lot was moved <br />to the lot in 1952. Zoning for the lo_ was not establiahed until <br />the mid 1950s. Clearly the lots.are �on-conforming in nature. '_ <br />�(Wood testimony and Gray tes_inony) <br />4. �Phe houses on the lot have been in disrepair for years. After <br />purchasing the property the Appellants have rehabilitated the <br />houses and invested considerable amounts of money in them. It <br />is aow their intent to sell one of the homes. However, in order <br />to sell the house, they must short p.lat the subject property in <br />order to create one lot. If they are unable to short plat the <br />property, financing cannot be secured ,for purchase of the house. <br />5. The City submitted that Ordinance 1119-65 Section a.l allows the <br />Appellants to seek a variance of the lot requirements of Section <br />5.c.14 of the ordinance. Section 5.c.i4. does not include minimum <br />lot size requirements. Because of the exclusion the City has <br />determined that the Appellants may not seek a variance. <br />6. Many of the lots within the area that the subject property is located <br />are substandard in size. Ad�r�itted as exhibit 4 was a map show- <br />ing the various lots that are substandard in size. (Gray testimony' <br />and Exhibit 4) <br />7. The structures on site are used for living purposes. With the <br />proposed subdivision of the Appellants, there will be no increase <br />in density, lot coverage, setbacks, starm drainage, parking, or <br />other land use factors. (Gray testimony) <br />6. As noted the structures are non-conforming. A short plat will not <br />increase the non-conforming status of each structure. (Wood testimony <br />an4 Gray testimony) <br />