8208 FLORIDA DR 2024-02-26 - Laserfiche WebLink

• • Exhibit 12 Exhibit List, dated January 13,2022 Based on a review of the record,the following findings of fact and conclusions of law hereby constitute the basis of the decision of the Everett Violations Hearing Examiner. FINDINGS OF FACT 1. Ivy Nguyen(Respondent)is the owner of property at 8208 Florida Drive,Everett, Washington(subject property)which is in an R-1, Single-Family Detached Low Density zone. The Respondent purchased the property in 2004. (Exhibit#10, Snohomish County Assessor's Record,dated December 28, 2021) (Exhibit#11, Go Sync Map) 2. On May 15, 1996,Land Use Approval Planning Director Determination(ESA#1-96)was approved for then-owner of the subject property Art Fleenor authorizing construction of a single-family residence on the subject property with the following conditions(in part): a. Provide a permanent fence along the edge of the approved wetland buffer and post an environmentally sensitive area sign on the fence. b. Provide a recorded Environmentally Sensitive Area Protective Covenant protecting the wetland. c. Remove the fill material and blackberries as described in the buffer enhancement plan. As part of the proposal, a wetland study was performed on April 12, 1996 that resulted in the following recommendations: removal of the Himalayan blackberry and the small less vigorous trees within the existing buffer on the south 175 feet of the lot; 25 of the healthier and larger trees are to remain; and the planting of 15'vine maple shrubs, 15 hemlock, and 10 Douglas fir trees to replace the removed vegetation; and maintenance will be required over a two year period to control the re-establishment of the blackberry and to insure the planted trees and shrubs survive and expand. (Exhibit#5, Land Use Approval Planning Director Determination ESA #1-96 Packet, dated May 15, 1996) (Testimony of Code Enforcement Officer Cunningham) 3. On September 12, 2003,Randy'Seiber,who had purchased property in 2003,submitted public works (PW0309-015) and construction permit(C0309-008) applications proposing to construct a single-family residence on the subject property. During the plan review process, staff noted the conditions of the 1996 reasonable use decision still applied and that prior to any development, a new wetland delineation and tree survey would need to be completed. The permits gained final approval in July 2004. (Exhibit'#6, Public Works and Construction Permits, dated September 12, 2003) 4. A 2004 Pictometry view of the subject property depicts the presence of trees within the buffer area. A 2020 Pictometry view shows that many of the trees have been removed from the wetland buffer. (Exhibit#7, 2004 and 2020 Pictometry Views of the.Subject Property) (Testimony of Code Enforcement Officer Cunningham) 2 / 7