4526 FEDERAL AVE 2018-01-02 MF Import

Findings and Recommendations of the Hearing Examiner of the Cityy of Everett Luther Child Center SPU #4-79 Page -4- 10. The Applicant testified to a willingness to follow the new recommendations and conditions as set forth by the Planning Department in the City of Everett as listed in finding 48. The Applicant did, however, testify as on the necessity for some of the new conditions. 11. The Applicant testified to the financial difficulty that would be en- countered in performing condition #1 of the revised recommendation of the Planning Department. In particular, the Applicant testified that the cost of the size of the trees which are recomlrended by the Planning Department and the the number of such trees would be prohibitive at this time. In lieu of this requirement, the Applicant agreed that some type of schedule might better facilitate its ability to provide for the necessary land- scaping on the project. 12. The Applicant testified that the current number of parking spaces available is more than sufficient to meet the demand for parking on the premises and there is no need at this particular time to increase that amount. 13. The Applicant testified that it would be willing to adhere to condition #3 which requires the Applicant to raise a lip around the catch basins on the eastern edge of the roadway. However, the Applicant testified that the source of this problem, involving the water run-off, was not from the Applicant's development, but in fact, was tt.e run-off that was accumulated from the run-off from Federal Avenue. 14. It is the position of the Applicant that none of the excessive water that accumulates on Federal Avenue is caused by run-off from its property in that the accumulated run-off is on the east side of Federal Avenue while the run-off from the Applicant's property drains from the west. The crown- ing of Federal Avenue prevents any of the water from the west from accumu- lating on the east side of the road. 15. The Planning Department of the City of Everett did agree that it was diffi- cult to imagine any of the water accumulation on Federal Avenue result= ing from any of the Applicant's run-off. They also testified that the City had determined that the curr.--nt Strom drainage system servicing the Applicant's property is sufficient to capture the drainage water. 16. Testimony was received from a neighbor of the Applicant expressing dis- appointment with the construction of the development and expressing_ dis- may over the fact that the original plans were not adhered to. CONCLUSIONS 1. This is an application for reconsideration of a Special Property Use Permit that was originally granted to the Applicant for the purpose of construction of facilities on property located west of Federal, north of 46th Street, in the City of Everett, Washington, and more particularly described as set forth above. 2. The Hearing Examiner of the City of Everett, Washington, has authority, to act on the application for reconsideration of Special Property Use Permits based on the authority granted to him in Ordinance #692-90, Sections 12.A.2 (e) . 3. The original Special Property Use Permit was granted to the Applicant on February 27, 1980. In the Special Property Use Permit there were nine conditions listed that had to be met by the Applicant durini construction of the facilities on the property. 4. The Applicant has violated, in part, Ject.ion 6 of the Special Property Use Permit in that landscaping, location of structures, and desinn and roofline of structures deviated from the original site: *plan as suomitted by the sm