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The Planning Director approved the modifications listed above based on the following: <br />The site (Lot 16) slopes down approximately 30 to 38% to Merrill & Ring Creek. The <br />stream is over 185 feet from the proposed building site. Subsection 37.140.C.7.b <br />requires a stream buffer to extend from the stream up into an area with a slope of 25% or <br />greater. In this case the standard buffer extends up to Harbor Lane. The applicant's <br />proposal is subject to Subsection 37.050.11, Reasonable Use Exception, since the <br />applicant's property is entirely within a required stream buffer. <br />Subsection 37.050.13 states that nothing in the ESA ordinance is intended to preclude <br />reasonable economic use of property as set forth herein. If the requirement of this <br />ordinance as applied to a specific lot would deny all reasonable economic use of the lot, <br />development will be permitted if the applicant demonstrates all of the following to the <br />satisfaction of the Planning Director: <br />1. There is no other reasonable use or feasible alternative to the proposed <br />development with less impact on the environmentally sensitive area; and <br />2. The proposed development does not pose a threat to the public health, safety and <br />welfare on or off of the subject lot; and <br />3. Any alterations permitted to the requirements of this Ordinance shall be the <br />minimum necessary to allow for reasonable use of the property; and <br />4. The inability of the applicant to derive reasonable economic use of the property is <br />not the result of actions by the applicant in subdividing the property or adjusting a <br />boundary line thereby creating the undevelopable condition after the effective date <br />of this Ordinance; and <br />5. The proposal mitigates the impacts on the environmentally sensitive areas to the <br />maximum extent possible. <br />The Planning Director's conclusions are as follows: <br />1. There is no other reasonable use or alternative to the proposed development with <br />less impact upon the environmentally sensitive area. The R-S zone allows a <br />single family residence upon a minimum lot area of 9,000 square feet. The <br />property is approximately 23,000 square feet in area. To build only one single <br />family residence upon the property is the least intense "reasonable" land use for <br />this property. <br />2. The proposed development does not pose a threat to the public health, safety and <br />welfare on or off of the subject lot. A geotechnical study completed by Tetra <br />Associates, Inc. states that site conditions encountered would not preclude <br />development for the proposed residence. Water run-off will be controlled with <br />the use of roof gutters and foundation drains which will be tight lined into the <br />storm drain system in Harbor Lane or down to the creek channel to the west of <br />the proposed residence. <br />