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a <br /> � � <br /> Q�� William R. Weaver <br /> 5e Appeal 1-91 <br /> Q r W PaFe -2- <br /> ��►�,nrop After due consideration of the [estimony and evidence presenied by the <br /> Qp M'II Applicant; testimony and evidence elicited during the public hearing; and as <br /> � the result of the personal inspection of the subjer.t property and surrounding <br /> �56 � areus by the Everett Nearing Examiner, the folloNing findinge of fact and <br /> o�d conclusions constitute the baeis of the decision oF the Everett Hearing <br /> � Examiner. <br /> p�-1� FINDINGS OF FACTS <br /> Z>M <br /> C"y 1. William P. Arust (hercinafter referred to as Applicant), Plaza 41 - <br /> �u Suite 103, 1701 - 41s'. S�reet, Everett, WA 98201, is the oWner of <br /> �7� property at 4012 Colby ,.�enue, Everett, Wnshington. The Applicant has <br /> �q� requested approval of a two-atory building to be constructed ac the <br /> ay site. <br /> O Ge <br /> _ _,. 2• The Everett Municipal Code (EMC) 35.060 sets forth ].andscaping <br /> require�ents. These landscaping requirements necessitate a five foot <br /> landscaped strip be provided on the north and south bouodary linea <br /> ad;acent to a parking area p�roposed to be de•:eloped on the site. On <br /> November 4, 1991, the Applicant aought a modification from theae <br /> standards by su}mitting an alternative landscapin� plan. "A copy of the <br /> ]andscaping plan was submitted to the City and a reduced copy is <br /> attached hereto." The Applicant proposed in lieu of the required five <br /> foot landscaping strip that the atrip be reduced in order to paeserve an <br /> / old, lary,e cedar tree on-s:te, and thet the perimeter landacaping be <br /> � C� designed vlth a saw-tooth configuration ranging from one foot to fifteen <br /> feet. <br /> I ' <br /> , � 3. EMC 35.070 autherizes the Planning Director of the City of Everett to <br /> ��� reduce the planting and landscaping requirements or waive some or all of <br /> � the requirementa. <br /> ' 4. On November 21, 1991, the Everett Planning Director approved the <br /> i �=1 modification with the folloWing conditions: <br /> A. Provide a ten f�ot width of planeing along Colby Avenue. The <br /> Zoning Code alluws for a porch 20 feet in length and five feet in <br /> i ��`� � width and a sidewalk to acceas the porch within this landacaped <br /> e� area. <br /> B. All shrubs must L,e a uinimum height of two feet. <br /> I ' ��� C. Provide irrigation. <br /> I, D. Maintain the landscaping as required under Section 35.130. <br /> II '��� E. Provide a maintenance assurance device, the amount will not be <br /> \ lesa than lOX of the cost of replacing the materials covered by <br /> the assurance device based on estimated coate on the laet day <br /> covered by the device. <br /> � <br />