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bL'�, <br />� �� • • � � �- _% . �,�� � � �-LJ 2 � <br />' ` J,c�'1 � - �j � J � ; f f � � � ��,e <br />J <br />, ; v � � �� '�"�' N � <br />'CJp � ���,� `� �' ���� <br />� �_ �'`�� ��`� FINDINGS AND DECISION <br />r�G �' � �°�OF THE HEARING EXAMINER OF THE <br />5 S K= CITY OF EVERETT <br />IN THE MATTER OF THE APPLICATION OF <br />BURLINGTON NORTHERN RAILROAD FOR <br />APPROVAL OF A SHORELINE MANAGEMENT <br />CONDITIONAL USE PERMIT SMA #10-92 <br />DECISION: <br />The Shoreline Management Conditional Use Permit is granted <br />subject to conditions. <br />INTRODUCTION <br />Burlington Northern Railroad, First Interstate Center, Suite 2000, 999 Third Avenue, <br />Seattle, WA 98104, (hereinafter referred to as "Applicant") requested approval of a <br />Shoreline Management Conditional Use Permit (hereinafter referred to as "Permit") <br />pursuant to the Everett Municipal Code (EMC) Section 20.12.170. The specific request <br />was for the allowance of construction and installation of two standard mast signals, one <br />cantenary bridge signal, a small signal hut on existing right-of-way, and a new cross-over <br />track befinreen the existing main line tracks. The requested permit is for the property that is <br />the Burlington Northern Railroad right-of-way near Howarth Park along the shoreline of <br />Possession Sound lying within NW 1/4 of Section 36, Township 29N, Range 4E, W.M. <br />A hearing on the request was held before the Hearing Examiner of the City of Everett on <br />January 21, 1993. At the hearing the following presented testimony and evidence: <br />Graham Anderson, Planning Department <br />Robert Walkley <br />20349 N.E. 34th Court <br />Redmond, WA 98053 <br />Glen Haug <br />Suite 2000 <br />999 Third Avenue <br />Seattle, WA 98104 <br />At the hearing the following exhibits were submitted and were admitted as part of the <br />official record of these proceedings: <br />1. Staff Report <br />2. Vicinity Map/Site Plan/Plan View <br />3. Cross-Section + Detail Sheets <br />4. Shoreline Master Program Excerpts <br />5. Agency and Public Comments -(No written <br />14, 1993) <br />responses were received as of January <br />�� <br />� <br />