3223 PINE ST 2018-01-02 MF Import

CITY OF EVERETT PLANNING DEPARTMENT PLANNING DIRECTOR DETERMINATION #4-90 INTRQnU=QN: section 38 of the Everett Zoning Code addresses nonconforming lots, or lots that do not meet the minimum requirements for lot size or width. Because the merger clause does not address allowable use for substandard lots in commercial zones, an interpretation by the Planning Director was made on April 4, 1990. The interpretation stated a need for establishing administrative procedures for determining allowable uses on such lots. 11AE3W2RDUND: Judy Bradley has applied for a use permit (Use Permit 15-90) to convert an existing single-family dwelling located at 3223 Pine Street to an office. The property is zoned C-2, Heavy Commercial. Offices are a permitted use, assuming all zoning code standards, including a minimum lot size of 5,000 square feet and minimum lot width of 50 feet are met. The subject lot is 4500 square feet in area and 37.5 feet wide; therefore, it does not meet zoning code standards for minimum lot size or lot width. The proposal would involve an interior remodel of the structure. Exterior improvements would include parking surfacing and landscaping. A nonconforming lot is defined in the zoning code as "a legally established lot, the area, dimensions, or location of which met the applicable zoning code requirements in effect at the time the lot was created, but which fails by reason of adoption, revision, or amendment of the zoning code to conform to the present requirements of the zone in which it is located." There is nothing in Section 38 of the zoning code that addresses permitted uses on nonconforming lots in commercial zones. The Planning Director interpretation issued on April 4, 1990 stated that in effect, the same range of uses allowed on conforming lots within the C-2 zoning district woulf, be permitted on nonconforming lots, subject to Planning Director Approval. Prior to issuance of building permits, the subject lot must be certified as a legal buildable lot. FINDINGS: 1. The lot located at 3223 Pine Street is a substandard lot which does not meet zoning code standards for minimum lot size or lot width. 2. The applicant has proposed to convert the existing sin- gle-family residence on the lot to an office. Office uses are permitted in the C-2 zone. 3. A decision by the Planning Director is required for a change of use involving a substandard lot within a commercial zone. 4. All uses on substandard lots must be reviewed according to the general evaluation criteria listed in Subsection 41.150.0 of the zoning code. The applicable general evaluation criteria are as follows: a. The adequacy of streets, utilities and public services required to serve a proposed use. b. The impact of traffic generated by the proposed use on the surrounding area, pedestrian circulation and public safety; and the ability of the proponent to mitigate such potential impacts. 3C