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1 ) <br /> IN THE MATTER OF THE APPEAL OF <br /> THOMAS HOFFMANN OF AN ADMINISTRATIVE <br /> DECISION #9-89 <br /> Order of Denial <br /> On January 30, 1990, the Everett Hearing Examiner denied a lot certification <br /> for construction of a single family dwelling on property located north of 2324 <br /> Walnut, Everett, Washington. The denial was based on the provision of the <br /> Everett Municipal Code (EMC) 19.56.110.B. This ordinance, enacted by <br /> legislation by the Everett City Council, effectively merged contiguous lots <br /> that were acquired by a common conveyance prior to December 1, 1956. As noted <br /> in the January 30, 1990, Decision, the appellant's property qualified as such <br /> a lot and was thus considered merged. <br /> In his motion for reconsideration, the appellant contended that Findings #8 <br /> and #9 are erroneous. These Findings set forth the time frame in which the <br /> appellant thought that he had two buildable lots. The appellant contends that <br /> the time frames as set forth in Findings #8 and #9 are incorrect and, in fact, <br /> in 1981 he became aware that he had a potential additional buildable lot next <br /> to his current residence. However, the correction of these two Findings do <br /> not change the Decision. The corrected Findings do not in any manner change <br /> the factual situation that is impacted by EMC 19.56.110.B. <br /> At the time (1981), he was informed of the possibility of two buildable lots, <br /> the law of merger of lots in the City of Everett was different. Had the <br /> appellant acted in 1981, the results may have been different. However, the <br /> City effectively changed the law in 1988 with the enactment of EMC 19.56.110.B. <br /> Accordingly, the Decision of January 30, 1990, must stand and the motion for <br /> reconsideration is denied. <br /> Done and dated this 1st day of March, 1990. <br /> "1• M : IL <br /> 4?!..M.4.7 <br /> James M. Driscoll <br /> The decision on this application has been made by the Hearing Examiner based <br /> on the authority granted in Ordinance 692-80, as amended. It is final unless <br /> the following procedure is followed: <br /> 1. Within ten (10) working days (March 15, 1990) after the Hearing <br /> Examiner's action on the request for reconsideration, the aggrieved <br /> party may file a written appeal with the City Clerk's Office, City Hall, <br /> 3002 Wetmore Avenue, Everett, WA 98201. <br /> If appealed properly, the matter will be submitted to the Everett City Council <br /> for further consideration. <br /> 92 Atfachr oteopth *416 <br /> P2.14,1.q.,J df RCconsai¢vcatch, <br />