4634 COLLEGE AVE 2016-01-01 MF Import

Blue Bay Inc. Appeal Pega -6- 19 . The City submitted that municipalities in the State of Washington are allowed to adopt zoning regulations and building standards . Pucsuant to RCW 53 . 17 .170 the ' existing zoninq and building standards remain in effect for a period of five years after final plat approval. The Plat of Pinehurst Division "B" was recorded in 1909 and the 2oning Code of Everett was established in 1956 . The City contends that the five year statutory protection period is not effective in this case. (exhibit 16) 20. The Appellant submitted that neither RCW 58 .17.030 nor 58.17.170 requires cities to terminate vested rights of non-conforming subdivisions at the conclusion of a five year period and that it is within the discretion of the legislative body of a City to grant vested rights of non-conforming uses where appcopriate . Thus, the rights may be perpetual vested rights . (exhibit 17) ' ' CONCLUSIONS 1. The property at 2102 Jackson Street, Everett, Washington, is a parcel of land that is zoned R-2, Single Family High Density Residential . The property consists of two lots , lots 11 an 12, of Block 34, Plat of Pinehurst Division "B" . It is the intent of the Appellant to develop the lots as non-conforming lots and to obtain a building permit for construction of one residence on the lot. 2. On March 8 , 1988, the Everett Planning Director issued a determination that the two lots cannot be certified as non-conforming lots and the Appellant cannot obtain a separate building permit for his proposed development. On March 10, 1988, the Appellant filed an appeal of this determination. 3 . EMC 19 .16.030 establishes minimum lot size and width standards. Exceptions to the lot size and width =tandards exist if the lots were created prior to December 1, 1956, and have remained single lots . 4. The City of Everett lacks authority to treat multiple lots as merging into one parcel of land. All lots must be considered as separate parcels , even if they are referred to in one deed . 5 . On December 1, 1956 , lots 11 and 12 of Block 34 , Pla�_ of Pinehurst Division "B" , were sepacate lots that were no�_ merged with lots 9 an 10 of �_he same pla+_ .