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STAFF REPORT TO CITY COUNCIL <br /> APPEAL OF ADMINISTRATIVE DECISION <br /> THOMAS HOFFMAN <br /> DATE PREPARED: April 4, 1990 <br /> Action Required <br /> of Council: 1 . Affirm Hearing Examiner decision to deny <br /> appeal . (At Public Meeting) <br /> 2 . Remand to Hearing Examiner (After Public <br /> Meeting, if Council determines that an <br /> erroneous procedure, error in fact or law <br /> may exist in the record) <br /> 3 . Hold Public Hearing (At such time the <br /> Council may modify, remand, or reverse the <br /> decision of the Hearing Examiner. ) <br /> Appellant: Thomas Hoffman <br /> 2324 Walnut St. <br /> Everett,WA <br /> Matter Appealed: Hearing Examiner decision to deny appeal <br /> of administrative decision to deny lot <br /> certification. <br /> Background Summary: <br /> Mr. Hoffman's lot proposed for construction of a single family <br /> dwelling is only 3 ,000 square feet in area. The property is <br /> zoned R-2 which requires a minimum lot size of 5,000 square feet. <br /> The subject property is substandard due to this lack of adequate <br /> lot size. <br /> Section 19 .56.110.B Substandard Lots-Merger Clause reads as <br /> follows: <br /> B. If two or more substandard lots or a combination of lots or <br /> substandard lots and portion(s) of lots or substandard lots <br /> are contiguous and were acquired by common conveyance prior <br /> to the above dates, (December 1 , 1956*) and if all or part <br /> of the lots do not meet the requirements established for <br /> minimum lot area and width, the lands involved shall be <br /> merged and considered to be a single undivided parcel . No <br /> portion of said parcel shall be used, altered, or sold in a <br /> manner which diminishes compliance with lot area and width <br /> requirements, nor shall any division of any such parcel be <br /> made which creates a lot with a width or area below the <br /> requirements permitted by the City's Zoning Code. <br /> *Date mentioned in introduction to Section 19.56 E.M.C. <br /> The Warranty Deed referenced in Attachment #1 indicates that on <br /> December 22 , 1955, the two contiguous properties had been merged <br /> into one parcel by the sale of the property by Mason L. Lewis and <br /> Ruth Lewis to Anton Carlson and Annie Carlson. <br /> Staff Recommendation: <br /> Uphold the Hearing Examiner's decision to deny issuance of a lot <br /> certification and building permits for construction of a single <br /> family dwelling on the subject property located north of <br /> 2324 Walnut Street. <br /> Prepared by: I,„, /. <br /> Reviewed by: I A ; %ik,--- <br />