2324 WALNUT ST 2016-01-01 MF Import

IN 1HE MATTFI2 OF 'I�iE APPEAL OF TFiCr1AS HCFFMANN OF AN ADMINIS'II2ATIVE DExISION �� r� it9l�� 1 � `��c�0 #9-89 _.. _ . Order of DenialCILY�GiF��y��q''� I'utii�.4Co�.p� ' t�t. On January 30, 1990, the Everett Hearing Examiner deni�'d Sot c��tification for oonstruction of a sirgle family dwelling on property lxated north of 2324 Walnut, Everett, Washington. 'lhe denial was based on the provision of the Everett Municipal Code (EMC) 19.56.110.8. This ordinance, enacted by legislation by the Everett City Council, effectively merged contiguous lots that weee aoquired by a carmon conveyance prior to December 1, 1956. As noted in the January 30, 1990, Decision, the appellant's p�operCf qualified as such a lot and was thus wnsidered merge3. in his motion foc reconsideration, tha appellant contendzci that Findings /8 and �9 are erroreous. These Firdings set forth Yhe time frame in whidi the appellant thought that he had two luildable lcts. �Ime appellant contends that the time franes as set forth in Fitdings NB and A9 are ineorrect and, in fact, in 19@1 he became aware that he had a potential additional buildable lot next to his cutrent cesidenoe. However, the correction of these two Firc3ings do not d�ange the Decision. The cocrected Findings do not in any manner change the fact�al situation that is impacted b� EMC 19.56.110.B. At the time (1981), he was iniormed of the poss'.bility of tw� 6uildable lots, the law of inerger of lots in the City of Everett was different. Had the appellant acted in 1981, the results may have been different. However, the City effectively ci�anged the law in 1988 with the enact�nent of EMC 19.56.110.II. Accprdi.ngly, the Decision of ,lanuat} 30, 1990, must stand and the mo�ion for reoonsideration is denied. Done and dated this lst day of t9ardi, 1990. � fi. �D,�. Jart�s M. Drisco The decision on this application has been made by the Hearing �xaminet based on the authority granted in Ordinance 692-80, as amerxied. It is final unless the following procedure is followed: 1. Within ten (10) working days (Mardi 15, 1990) after the Heacing Examiner's action or. the re�uest or �eoonsi eration, the agg[ieved party may tile a written appeal with the City Clerk's Offi�e, City Hall, 3002 Wetmore Avenue, Everett, WA 98201. If appealed properly, the matter will be submitted to the F.verett City Council for furC:�er oonsideration.