6509 COMMERCIAL AVE 2016-01-01 MF Import

, The Building Department i�aued Hr. Diedrieh a permit for the conver�ion of a single family house to a duplex with the legal deaoription "lot� 13 through 17, Block 10� Plat oC Pinehurst," on Nov�ber 11, 1982. Conclusions The Building Department iesued a permit for a duplex on the parcel deearibed on the Building Permit application form. The duplex on that parcel would have met minim� lot aixe requirements of the 2oning Code. 2. Finding: In Auguet, 1986, Mr. Diedrich was iasued a Stop Work Order for eonatruction on his hou�e without obtaining building permit�. He subeequently �ubmitted a 8uilding Permit ppplication for the work. The Planning Department reviewed the application and found discrepanoie� betxeen the legal de�cription on thc application and the dimenaione sh�.rm on the plot plan. The Planning Department sub�equently determined that the parcel actually owned by Mr. Diedrich waa an approximately 6,6(10 aquare foot parcel. Conclusion: The parcel owned by Mr. Diedrich does not meet Zoning Code requirementa for minimum lot size for a duplex. 3. Findingt The construetion activity which occurred in Auguat 1986 conei�ted oP cantilevering the aecond floor walle out 2 feet and rai�ing the xalla and ceilinga Lo ereate a uaable aecond floor. The new strueture exeeeded the groaa floor area ratio requirements of the Zoning Code. Mr. Diedrich submitted a Variance Application �nd the Board of Ad�uatment granted a Variance for grosa floor area r� io for a sinale family dwelline. Section 19.70.020 atates that the Hoard of Ad�ustment "shall not be permitted to . . ." inerease the dwalling unit denaity, such as allowing a duplex on le�s than 7,500 aquare foot lot." See Exhibit M6. Conclusion: The Board of Ad�ustment does not have the authority to permit a duplex on a lot of le�e than 7,500 square feet. 4. Findingt The Planning Director made a determination that the duplex at 6509 Co�ereial Ave. is not in compliance with Zoning Code requirement� and must convert to a single fami? dwelling. Under E.H.C. 2.23•120, the City of Everett Land Use Hearing Examiner is empowered to hear appeals from the adminietrative land use regulation and uae regulation decisions of the Planning Direetor. Conclusion: The Hearing Examiner is authorized to hear this appeal. RECOMMENDATION Deny the appeal and uphold the Planning Direator's determination that the duplex structure on an approximately 6,600 aquare foot parcel in an R-2 Zone is not in compliance with Zoning Code requirement� and must revert to a single family dwelling. Prepared by � ' �m� _ Reviewed by iti� 354BF -2-