[WSBARP] lot segregation by public roadway

[Mark Anderson]

Unfortunately, I've got the same situation in a Kitsap County matter.  We can't divide the single parcel into two parcels divided by the road because the area on one side of the road is less than the minimum lot size for the current zoning.  And the comprehensive plan is not up for revision any time soon.  I've been told they do not "do" deviations or variances to the minimum lot size requirements.  Still looking for other ways around this.

Mark B. Anderson
ANDERSON LAW FIRM PLLC
821 Dock St  Ste 209  PMB 4-12
Tacoma, Washington 98402
+1 253-327-1750
+1 253-327-1751 (fax)
marka at mbaesq.com<mailto:marka at mbaesq.com>
www.mbaesq.com<http://www.mbaesq.com/>
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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Craig Gourley
Sent: Tuesday, September 21, 2021 7:49 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>; cole-gilday at stanwoodlaw.net
Subject: Re: [WSBARP] lot segregation by public roadway

I know for a fact Snohomish county allows one "lot" to be be on opposite sides of a public road. They approved a plat where the 5 acre parcels (minimum zoning) are split by the new road on a diagonal.  Some lots are 4 plus 1 and at the other end of the plat  they are 1 plus 4. When questioned,  they stated it was not a problem but had no authority to cite.
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From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> on behalf of scott at scottgthomaslaw.com<mailto:scott at scottgthomaslaw.com> <scott at scottgthomaslaw.com<mailto:scott at scottgthomaslaw.com>>
Sent: Tuesday, September 21, 2021 2:05:34 PM
To: cole-gilday at stanwoodlaw.net<mailto:cole-gilday at stanwoodlaw.net> <cole-gilday at stanwoodlaw.net<mailto:cole-gilday at stanwoodlaw.net>>; 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] lot segregation by public roadway


Did the government take the property in fee, or did they condemn an easement?



From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> On Behalf Of Robert R. Cole
Sent: Tuesday, September 21, 2021 10:46 AM
To: WSBA Probate & Trust Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: [WSBARP] lot segregation by public roadway



 City condemned a roadway that completely bisected a shopping center.  PC wants the property to now be two separate lots, with separate TPNs. I was under the impression that this was automatic, but when I researched I could not find scripture and verse.  Appreciate any help....  thanks.

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Very Truly Yours,

Robert R. Cole

Law Office of Cole & Gilday, P.C.



10101 - 270th St. NW

Stanwood, WA 98292

(360) 629-2900 (Telephone)

(360) 629-0220 (Fax)



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