2324 WALNUT ST 2016-01-01 MF Import

1'hoass Iloffman Appeal Appeal 9-89 Page -3- FINDINGS OF FACTS 1. The Appellant owne the subject property, a lat i�ediately north of a reeidence at 2324 Walnut Street, Everett, Washington. The lot, a 3,000 equare foot parcel of land, ia located in an R-2, Single Family High Density Residential 2one. 2. The minimum lot eize for R-2 zaned property in the City of Everett, Waehington, ls 5,000 square feet, and, ehus, the eubject property fe a sub�tandard lot. In order for it to be developed, the City muet certify it as buildable for a single femily d�relling. 3. The Everett Planning Department denied [he certification of the lot ae a buildable lot. According to the City, baeed on [he provielone of the Everett Hunicipal Code (EMC) 19.56.110, the lot hae merged cri[h the adjoining lot. 4. EMC 19.56.110.B, Subatan�ar�t Lots, etatee: If tro or more s�-Eeca�rd lots or a combina[ion of lote or eubatandard lote and portion(s) of lo[e or subetandard lota are rontiguoue and rrere acquired by casnon conveyance prior to the above datee, (December 1, 1956) and if all or ,�art of ehe lota do not meet the requirements establiahed for minioum lot area and width, [he landa invol�er: ehall be merged and conaidezed to be a eingle und'ivided parcel. No portion of eaid parcel shall be use,i, altered, or sold in a menner rhich diminiahee compllance with lot area and vidth requir�ente, nor ahall any divialon of any such parcel be made which creates a lot xith a width or area below the requir�ente pezmitted by the City's Zoning Code. 5. The Citq aubmitted a deed recorded under Sdohomish County Number 1173641 which purporta to merge the subject property with the adjoiniog property. The deed xas recorded on December 22, 1955. The City contended that this deed effectively merged the two properties into o� pa. cel. 6. The l:�t wae acquired by a common conveyance in 1955 prior to December 1, 1956. A copy of the common conveyance deed is attached here[o and by this reference is hereby incorporated as part of theae findings. 7. The Appellant su}mitted that in 1971 he bought hie home at 2324 Walnut Street and the aubject property. He contended that• sthen he bought hie Y.ame, he was only buying the ane lot and that the lot contained on the aubject property wae created in 1943. 8. The Appellant contended that he has coneidered hIs home and the sibject property as separate lote. Thia xas supported by variouu taz asseeements for each lot rrhich have been received over the yeare. 9. The Appellant aubmitted that in 1985 he rrae told by the taz aeaeasor of Snohomlah Coun[y that he, in fact, did have an additional buildable lot nezt to his property.