Resolution 5459 - Laserfiche WebLink

All of the exhibits are available for inspection at the Hearing Examiner's Office located at 2930 Wetmore Avenue, 8th floor, Everett, Washington. After due consideration of the testimony and evidence presented by the Appellants, testimony and evidence elicited during the public hearing, the following findings of fact and conclusions constitute the basis of the decision of the Everett Hearing Examiner. FINDINGS OF FACT 1. The Appellants are the owners of the property at 2210- 49th Street SE, Everett, Washington (subject property). On May 4, 1999, the City of Everett issued an amended Violation Citation for the subject property which alleged that the Appellants were in violation of EMC 19.37.040.A-G. As set forth in the amended Violation Citation, the Appellants were given an opportunity to take corrective actions on the subject property or to appeal the City's determination. An appeal was filed on August 25, 1999. After a number of continuances, a hearing on the appeal was held before the Hearing Examiner on January 13, 2000. (exhibits 14 & 31, Cottage testimony) 2. Bigelow Creek is an Environmentally Sensitive Area within the City of Everett. (Landles testimony) On August 31, 1998, prior to the issuance of the Building Permit, an Environmentally Sensitive Protective Covenant was entered between the Appellants and the City in which the Appellants agreed there would be no cutting, removal, clearing or modification of any vegetation within the steep slope area along Bigelow Creek unless approved by the City. The Building Permit issued on September 3, 1998, permitted cutting and clearing on the north side of Bigelow Creek but never approved similar activity on the south side of Bigelow Creek. (exhibit 2) 3. The subject property is a 120' x 120' two-lot parcel that fronts Third Avenue South and 49th Street SE, Everett, Washington. On September 3, 1998, the Appellants were granted approval by the City of Everett to install a modular home and construct a garage on the subject property. (exhibit 4) The approval by the City allowed a reduced front setback of ten feet off 49th Street SE and a reduced buffer of 25 feet from Bigelow Creek which flows through the subject property. The allowed buffer from Bigelow Creek was clearly identified on a map submitted by the Appellants with the Building Permit application and was depicted as being on the north side of Bigelow Creek. (exhibit 8) As part of the permit approval, the Appellants were required to comply with conditions that were imposed by the City of Everett Planning Director. (exhibit 8) 3