Resolution 3208 - Laserfiche WebLink

• 000006 HEARING EXAMINER DECISION RE: AP-#2-89 4/27/89 Page 10 2 . The Everett Municipal Code (EMC) does not require notice be given to other property owners of any requests for boundary line adjustments. No notice was required to be given to the Appellants of the Applicant' s request. 3 . EMC 18 . 80 . 010 provides property owners with standing the right to appeal preliminary determinations related to boundary line adjustment approvals. No appeals were filed within the ten (10) working days of the October 31 , 1988 Planning Department decision. 4 . At the conclusion of the ten (10) working days allowed for appeal of the October 31 , 1988 decision of the preliminary appro- val of the Planning Department granting the boundary line adjust- ment, the Applicant had a vested right to proceed under that approval. 5 . The City' s reaffirmation, issued on February 3 , 1989 , of the preliminary approval for the boundary line adjustment was not necessary and only allowed a circumvention of the procedure in order to allow appeals after the appeal deadline had expired. 6 . The Hearing Examiner has no jurisdiction on the appeal because the appeal period has lapsed. II. Boundary Line Adjustment 7 . Notwithstanding the above Jurisdictional Conclusions, the boundary line adjustment requested by the Applicant is consistent with the City of Everett' s law as set forth in the Hearing Exami- ner decision of June 3 , 1988. The lots created are certified lots even though they do not meet minimum lot requirements. 8 . Because the Applicant filed the application between the period of the Hearing Examiner' s June 3 , 1988 decision and the date of the City Council' s passage of the ordinance allowing merger within the City of Everett, the Applicant has a vested right to the boundary line adjustment as approved by the City in the October 31 , 1988 approval. 9 . No additional lots are created by the lot line adjustment. DECISION Based upon the preceding Findings of Facts and Conclusions of Law, the testimony and evidence submitted at the public hearing, and upon the impressions of the Hearing Examiner at a site view, it is hereby ordered that the Hearing Examiner of the City of Everett r_KK)OO49