Resolution 3311 - Laserfiche WebLink

Thomas Hoffman Appeal u 13 Appeal 9-89 Page -5- COMMENT S The subject property, a 3,000 square foot lot, was part of the parcel of land that was included in a deed recorded in Snohomish County on December 22, 1955 (Snohomish County Recording Number 1173641). What this effectively did was create contiguous lots that were acquired by a common conveyance before December 1, 1956. Separately these two lots do not satisfy minimum lot area and width standards for the City of Everett. Therefore, the lots must be considered merged. This decision is made pursuant to EMC 19.56.110.B. The Everett City Council was recently faced with merger issues for lots in Everett and enacted EMC 19.56.110.B. Such an enactment applied to all lots, including the Appellants. The City, obviously, was unaware of the Appellant's situation at the time of the enactment. It is understood that this creates a severe hardship for the Appellant. He obviously has been under the impression through tax assessments that he had two separate lots. He has saved for the necessary materials to build on the lot and now after acquiring all of the materials he has discovered that he does not qualify as a merged lot. Because of the inequities in this case, it is recommended that the Everett Planning Department meet with the Appellant for further discussion to determine if there is any other relief that can be applied to his case. The Appellant's intentions are noble and would benefit the neighborhood. However, they fly in the face of EMC 19.56.110.B. It is suggested that the Everett Planning Department try to work out some kind of resolution of this matter for the benefit of the Appellant. Done and dated this 30th day of January, 1990. IP-41a16t-A7 ' Lat James M. Driscoll Hearing Examiner The decision on this application has been made by the Hearing Examiner based on the authority granted in Ordinance 692-80, as amended. It is final unless the following procedure is followed: 1. Any aggrieved party of record who has actively participated in the hearing before the Examiner may file a written request with the Examiner for reconsideration within ten (10) working days of the date of the Examiner's decision. The Examiner's mailing address is City Hall, 3002 Wetmore Avenue, Everett, WA, 98201 and the location of the Examiner's office is 2731 Wetmore Building, 3rd floor. The request shall explicitly set forth alleged errors of procedure, fact or law. The Examiner shall act within ten (10) working days after the date of the filing of the request for reconsideration by either denying the request, issuing a revised decision or calling for an additional public hearing. If an additional hearing is required, notice of said hearing shall be 9 0 mailed to all parties of record not less than five (5) working day prior to the hearing date. The final date for requesting reconsideration is February 13, 1990.