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'v "M <br />� MJ <br />William P. Brust <br />Appeal 6-92 <br />Page —5— <br />CONCLUSIONS <br />1. The Planning Director of the City of Everett denied a request of the <br />Appellant for a modification of the landscaping and screening <br />requirements for the property at 4117 Hoyt Avenue, Everett, Washington. <br />Paisuant to Table 35.1, the type of landscaping required for this <br />property would be either a Type I landscaping with a ten ftot wide strip <br />or a Type II landscaping with a 15 foot strip. Type I _anlscaping is <br />defined in EZC 35.050(A) and Type II landscaping is defined in EZC <br />35.050(B). This ty_e of landscaping is required because the subject <br />property is zoned B-2, while the adjacent property to the south has a <br />residential zoning designation. <br />2. The Hearing Examiner of the City of Everett has jurisdictional authority <br />to hold a hearing and to review the appeal. This authority is set forth <br />in EZC 41.180. The criteria for review of the appeal are set forth in <br />EZC 41.180.C. <br />3. The Planning Director's decision of denial was consistent with the <br />criteria of EZC 35.020. The criteria of EZC 41.180.0 for the appeal of <br />the Planning Director's decision have been reviewed. The proposal of <br />the Appellant for reduced landscaping standards does not satisfy the <br />criteria of EZC 41.180.C. In particular, the proposed landscaping <br />reduction does not satisfy the purposes as set forth in EZC 35.020 and <br />as identified in finding #10. <br />4. The proposed alternative landscaping plan, as submitted by the <br />Appellant, does not satisfy the purpose for the landscaping development <br />standards as set forth in EZC 35.020. It does not provide an adequate <br />visual buffer and physical separation between the residential and <br />commercial land uses which have varying intensities. Further, it does <br />not minimize the impacts of noise, light, and glare or provide adequate <br />privacy to the adjoining property. It also does not reduce the visual <br />monotony of the exp nse of the paved parking lot which is on the subject <br />property. <br />5. The Planning Director's decision to deny the alternative landscaping <br />proposal is reasonable. The alternative plan did not achieve <br />landscaping that is a superior quality then would be achieved if <br />landscaping is developed pursuant to code standards. <br />6. The reduction of the landscaping standard, as proposed by the Appellant, <br />does not provide superior quality but reduces the amount of <br />landscaping. Although the main purpose of the proposed reduced <br />landscaping is to provide additional parking, no additional parking is <br />required. <br />7. The reduction of the landscaping will be detrimental to the surrounding <br />properties and to the abutting property. Although the property is owned <br />by the Appellant, there is the possibility, although not a probability0c <br />that the land in the future will be sold. <br />