5114 33RD AVE W 2018-01-02 MF Import

u PLANNING DIRECTOR DECISION REVIEW PROCESS I #00-020 June 26, 2000 The City of Everett Planning Director grants approval of a request by Omar Jenser. Construction, Inc. to construct a 4,457 square foot single family residence within the 25 foot buffer from the top of slope at 5114 33' Avenue West with the following conditions: 1. All work must comply with the Geotechnical and Geologic Report prepared by GES, Inc. dated November 12, 1999 and the subsequent letter dated May 30, 2000. A new site plan must be submitted showing a setback of ten feet from the top of slope. 2. To avoid destabilizing slopes in the area, runoff from impervious surfaces shall be conveyed., via pipe to some other defined method, to a tightlined storm drainage system or to the toe of the steep slope. 3. Obtain building permits for the proposed residence. 4. Record an Environmentally Sensitive Area Covenant for the slope area. 5. Construct a permanent fence along the top of slope. An Environmentally Sensitive Area sign must be placed on the fence. 6. The applicant must prepare a covenant running with the land which waives claims against the City, its officers, employees and agents, and indemnifies (including reasonable attorney's fees), defends and saves the City, its officers, employees and agents harmless from any loss or damage to people or property either on or off the subject property resulting from any form of soil movement whatsoever and/or from any form of failure in design and/or construction of the improvements thereon whatsoever. The owners of the subject property shall provide the City with the covenant and it shall be signed and acknowledged by all parties with an interest in the property. The covenant shall also provide notice concerning the presence of envirormentally sensitive features on the property. The covenant must be presented to the City Attorney for review and approval and upon approval, recorded by the applicant with the Snohomish County Auditor prior to final approval for the subject development. The single family residence will be placed approximately six feet from a slope of approximately 100%. Subsection 37.040.D of the City of Everett Zoning Code designates slopes of 40% or greater as an environmentally sensitive feature. Subsection 37.080.13 requires a 25 foot buffer from the top of tite slope. Subsection 37.080.0 allows the Planning Director to authorize the alteration of a slope or its buffer if he approves a geotechnical report which demonstrates that: 1. the proposed development will not create a hazard to the subject property, surrounding properties or rights -of -way, erosion or sedimentation to off -site properties or bodies of water; and 2. the proposal addresses the existing geological constraints of the site, including an assessment of soils and hydrology; and