8208 FLORIDA DR 2024-02-26 - Laserfiche WebLink

• • area or its buffer unless such alteration is in compliance with the requirements of this chapter. Alteration includes the terms "use" and "development"as defined in this title, and includes any modification of the natural environment of critical areas or their buffer including any clearing, grading,filling and/or excavation. Certain exceptions to the requirements of this chapter are listed in Section 19.37.050. Conclusions of Law Based on Above Findings: 1. Unpermitted alterations,within a critical area and/or its associated buffer as established through previous City land use approvals are violations of EMC 19.37.030(A) (B) and EMC 19.37.040 (B) (D) and (E). The record demonstrates said City ordinances were violated. 2. The Respondent acted promptly to remove personal property from the critical area once the violation was brought to their attention and,prior to the instant hearing,retained an appropriate consulting firm to facilitate prompt,accurate identification of the critical area intrusions and abatement of same. Given 1)these prompt actions,2)that the uncertainties with respect to timing of abatement completion are driven by City response time to submitted information and seasonal weather issues outside the Respondent's control, and 3) that the City's ultimate goal is abatement,it is appropriate to allow more time for the ultimate abatement deadline in order to facilitate the success of Respondent's efforts. In light of prompt efforts towards compliance,it is appropriate to suspend the fine. ORDER Based on the findings of fact and conclusions of law stated above,it is hereby determined that the Respondent allowed violation of EMC 19.37.030 (A) (B) and EMC 19.37.040 (B) (D) (E)on the subject property and is hereby ordered to: 1. The Respondent must abate nil violations of EMC 19.37.030 (A)(B)and EMC 19.37.040 (B) (D) (E)on property located at 8208 Florida Drive,Everett,Washington. 2. Abatement shall include the following: a. The Respondent shall immediately cease the use of the critical area by placing other equipment and man-made articles within the area. b. The Respondent shall contact the City of Everett Public Works Department to apply for and obtain a public works permit to restore the critical area. The permit application must include a restoration plan prepared by a qualified biologist for the stream/wetland buffer that is acceptable to the City Planning Department by May 31,2022. c. Once the permit is issued,the Respondent shall restore the wetland and buffer as required by the approved restoration plan and permit no later than April 30,2023. d. The Respondent shall install a critical area sign and fence along the boundary of the wetland and stream buffer that is acceptable to the City of Everett Planning Department by April 30,2023.