2324 WALNUT ST 2016-01-01 MF Import

Tttomas Hoffman Appeal Appeal 9-89 Page -3- FINDINGS OF FACTS 1. The Appellant owns the aubject reaidence at 2324 Walnut Street, aquare foot parcel of laud, is Denaity Reeidential Zone. property, a lot i.�ediately north of a Everett, Washington. The lot, a 3,000 :Located in an R-2, Single Femily High 2• The minimum lot size for R-2 zoned property Sn the Citq of Everett, Waehiqgton, is 5,000 equare feet, and, thus, the eubject property ie a aubatandard lot. In order for it to be developed, the City muet certify it as buildable for a aingle family dwelliqg. 3• The Everett Planning Department denied the certification of the lot as a buildable lot. According to the City, based on the provieiona of the Everett Municipai Code (Et4C) 19.56.110, the lot has merged rrith the adjoining lot. 4. EMC 19.56.110.B, Substandard Lote, atatea: If two or more au stan ard lote or a combination of lots or uubetandard lote and portion(s) of lots or aubstaadard lota are contiguous and were acquired by common conveyance prior to the above datea, (December 1, 1956) and if all or part of the lots do not meet the requirementa establiahed for minimum lot area and width, the lands involved ahall be merged and coneidered to be a single undivided parcel. No portion of eaid parcel shall be used, altered, or sold in a manner which diminishes compliance srith lot area and width requirementa, nor shall any divlaion of any such parcel be made rrhich creates a lot with a width or area below the requir�ents pezmitted by the City's Zoning Code. 5• The City aubmitted a deed recorded under Snohomish County Number 1173641 which purporta to merge the aubject property xith the adjoiaing property. The deed srae recorded on December 22, 1955. The City contended [hat this deed effectively merged the txo properties into one parcel. b. The lot wae acquired by a common conveyance in 1955 prior to December 1, 1956. A copy of the common conveyance deed is attached hereto and by this refereace ie hereby incorporated as part of theae findinga. 7. The Appellaat submitted 'zhat in 1971 he bought his home at 2324 Walnut Stzeet and the subject property. He contended [hat when he bought his hame, he �rae only bnying the one lot and that the lot contained on the aubject property �a created in 1943. 8• The Appellant contended that he has conaidered his home and the subject property as aeparate lots. Thie wae supported by varioua taz aseesements for each lot which have been received over the years. 9• The Appellant submitted [hat in 1985 he wae told by the taz aaseesor of Snohamieh County that he, in fact, did have an additioual buildable lot nezt to his property.