2830 CEDAR ST 2016-01-01 MF Import

Musolf Appeal Page -4- 9. Between 1960 and the purchase of the property by the Appellants in 1976, at least four permits were isaued forPwork on the sPubject pcoperty. In addition, a thia ins ection of s ace heaters occurred during o period. In 1982 a permit for four water heaters was isaued for the property. (Doughty testimony) rni � 10. The Appellants have recently attempted to refinance the � � ' property. Upon ceceipt of appraisal it was determined � that the lot is an illegal lot and the structure on the ;n m lot is a not a non-conforming use allowed by the Evecett 4 Zoning Code. As a result, the Appellanta cannot acquire m o refinancing or insurance on the site without a legal .-�c cert i f ica t ion of the lot and a designation on � i� Inon-conforming use. (Musolf teatimony) m � 11. According to the City when the lot segregation occurred c = in 1960, the aubject property did not meet the existing � � zoning atandarda, and, thus the lot may not be sold as a � v, separate parcel. (staff report) o " �1 p 12. Twenty aix years have elapsed from the tax segregation -� � �� oE the subject property and the creation of a lot the8 0 � did not comply with zoning regulations. The City � not acted upon the failure of the lot to satisfy zoning � N I standards. (Doughty teatimony) `^ 13. The Appellants ' claim that the City should be estopped � m from asserting that the lot ie not a legal certiEied lot � � nor a non-conforming use because the City has iasued -+ � permits for the building on the property and has taken = no action to abate the illegality of the lot. According to the Appellants , they have acted in celiance oi the = City'e actiona and have incurred substantial expense, �+ � and, thus have a vested right to a legal lot status and zo a non-conforming use. (Haglund testimony) � m � CONCLUSIONS ( 1. A Everett Planning Department's adminigtetitionaefori�a denying a lot certification and a p non-conforming use and building permit foc property located at 2830 Cedar Street, in the City of Everett, Washington, wae issued by the City of Everett' s Planning Department on April 22, 1986 . 2. The subject property was part of a lot created by a tax eegregation which was done prior to November 2 , 1975. According to the terma of Section 18.28.010 (EMC) , all lots created by tax segregations prior to that date muat meet the cequi�ements of the City Zoning Code existing at the time of segregation.