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OCT�2,1-02 09� 19 FROM�EVERETT PLANNING DEPT ID:4252578742 PACE 4/7 <br /> 4. The inability of the applieanf to derive reasonab/e economlc use of fhe <br /> properfy is not fhe result of actions by the appllcant in subdlvlding the <br /> property or adjusting a 6oundsry line there6y creating the undevelapable <br /> condiGon a/ter the effective date of this Ordlnance. The lot was platted prior <br /> to adoption of wetland regulations in 1990. In 1965,the Applicant gave up an <br /> access and utility easement over the east 25 feet of the lot. The easement is for <br /> use by the abutting lot owners to the north and east. At the time the easement <br /> was 9ranted, the Applicant had no way of knowing that the City would adopt <br /> regulations that restrict development on his lot. The effect of granting of the <br /> easement was to eliminate the eagt 25 feet of lot as potential building area. <br /> The Applicant proposes to construct a portion of the residen� wfthin the <br /> westeriy five feet of the access end utility easement. The City maintains p:�blic <br /> utilities in the easement. The easement is paved with an approximately 20-foo! <br /> wide asphalt road. The PUD has overhead lines on the west side of the <br /> easement. As shown, the location of the house is in conflict with the Ciry's ability <br /> to provide and maintain sewer and water systems within the easement. A <br /> condition should be imposed requiring that the residence be constructed outside <br /> of the 25-foot wide easement. <br /> 5. The proposal mitigates the impacts on the environmentally sensiGve areas <br /> fo the mazimum extent possible. Conditions have been ;mposed upon the <br /> project which will mitigate any potential environmental impacts. Mitigation <br /> requirements include enhancing the remaining wetland and buffer areas that <br /> have been previously disturbed by clearing and dumping of debris material. The <br /> Applicant will also be required to place a pertnanent fenci�g along the edge of <br /> the wetland buffer, and temporary siltation fencing during clearing, grading and <br /> construction activities. <br /> DECISION: The City of Everett Planning Director hereby grantis approval to construct a <br /> single-`amily residence within the required 75-foot wetland buffer with the following <br /> conditions. <br /> 1. Provide a permanent fence along the edge of the approved wetland buffer. Solid <br /> board, post and rail, chain link, picket fence or other type of fence that is <br /> acceptable to the Planning Department shall be used. Post an environmentaily <br /> sensitive area sign on the fence. <br /> 2. Provide a recorded Environmentally Sensitive Area Protective Covenant <br /> protectina ihe wetland. <br /> 3. Remove the fill material and blackberri�s as described in the buffer <br /> enhancement plan dated April 18, 1996. <br /> 4. No building construction will be permitted on the 25-foot easement on the east <br /> side of the property. The proposed bui ing footprint must be reduced in size in <br /> ��I <br />