5738 SOUND AVE 2016-01-01 MF Import

and plantinys tor the buffer area must be in place prior to issuance of occupancy pertnits for the new residence. 8. Compliancs with all conditions as required by the City of Everett Buildiny Departrnent 9. The buildinp tootprint location, decks and reduced setbacks as shown on the site plan dated February 14, 1997 are approved. Compliance with all other Zoninp Code provisions is required for the proposal. The Planning Director approved the modifications based on the following: Section 37.050.B of the Zoning Code allows the reducGon of buildiny setbacks or buHers throuqh Review Process I. The Planning Director, usiny Review Process I, is authorized to "...approve, disapprove or approve with conditions the use proposed by the applicant" (SubsecGon 42.100.8). The property is zoned R-S, Suburban Residential. A two-story single (amily residence with lwo-car yarage with a total square feet of approximately 2,900 in size is proposed for the site. A major portion of the subjed property is characterized with steep slope areas to fhe east with a sVeam cortidor at the base of the slopes. The City's Zoning Code would require a 25 foot setback from the top of the slope for all structures and a minimum setback of 25 feet from the front property line and 7.5 feet from the side property lines. Once fhese setbacks are provided there is no area available for development. Therefore, the entire lot is considered buffer or environmentaily sensitive area and a reasonable use decision for the site is necessary. Secfion 37.050.B states that nothinp in the ESA ordinance is intended to preGude reasonable economic use ot property as set foRh herein. If the requirement ot the zoning ordinance as applied to a specific lot would deny all reasonable economic use of the lot, development will be pertnitted if the applicant demonsVates all of the following to the satisfaction of the Planning Director. 1. There is no other reasonable use or teasible altemative to the proposed development with less impact on the environmentaily sensiGve area; and 2. The proposed development does not pose a threat to the public health, safety and welfare on or off of the subject lot; and 3. Any alterations permitted to the requirements of this Ordinance shall be the minimum necessary to allow for reasonable use of the property; and 4. The inability of the applicant to derive reasonable economic use of the property is not the result of actions by the applicant in subdividiny the property or adjusting a boundary line thereby creaGng the undevelopable condition after the effective date of this Ordinance; and 5. The proposat mitigates the impacts on the environmentally sensitive areas to the maximum extent possible.