4634 COLLEGE AVE 2016-01-01 MF Import

Blue Bay Inc. Appeal Page -7- 6. Although lots 11 and 12 do not satisfy the lot standards of EMC 19.16 .030, the lots satisfy the exception critecia of said ordinance. 7. Lots 11 and 12 of Block 34, the Plat of Pinehurst Division "B" , should be certified as non-conforming and a building permit should be issued for a zesidence on said lots . DECISION Based upon the preceding Findings of Facts and Conclusions , the testimony and evidence submitted at the public hearing, and upon the impressions of the Everett Hearing Examiner of a site view, it is hereby ordered that the appeal is granted and that • lots 11 and 12 of Block 34, the Plat of Pinehurst Division "B" , in the City of Everett, Washington, are certified as non-conforming and a building pecmit snould be issued for � construction on said lots. COMMENTS Involved in this appeal is whether lots 11 and 12 of elock 34 , Plat of Pinehurst Division "B" , which ace zoned R-2, can be certified as non-conforming lots and developed with a valid building permit. The Everett 2oning Code (EMC) 19. 16 .030 establishes minimum lot sizes and widths for R-2 property and sets forth exceptions for lots that do not meet these standards . The main issue is whether lots 11 and 12 qualify as an exception. The specific language of the exception of EMC 19 . 16.030 is: ' Exception: Where a lot has less area than herein cequired as shown by the conveyance of record at the time of the passa9e of this chapter (December 1, 1956) this regulation shall not prohibit one private dwelling and its accessory building on such lot, provided all yard requirements of this section are complied with. Lots 11 an6 12 contain a total of 4 ,060 square feet and are nearly 1 ,000 feet less than the allowed minimum lot size for R-2 zoned pcoperty. The Appellant contends that the lots qualify as an exception while the City claims that the historical treatment of lhe lots cleacly prohibit their development as non-conforming lots .