11830 19TH AVE SE 2016-01-01 MF Import

Emory & Molly Cole SMA 5-87 Page -5- � 16. Subsequent to the hearing, the Appli�ant submitted a Letter stating that Silver Lake is a "Class Two Lake" as designated by the State of Washington. According to the � Applicant, the property owners on class two lakes own the property to the center of the lake. In addition, the Applicant submitted that it was his understanding that the City is determining the mean lake level af Silver Lake in order to control the out flow of the lake. As a result of these two understandings, the Applicant requested that if the mean lake level is determined to be below 527 feet, the following options are available to the Applicant. • A. If the trail system as proposed is not built prior to the City defining a possible reduced mean lake level, that the new waters edge be used as is the current water edge for purposes of determining • • areas of dedication and possible increased development density. � B. If the proposed trail is built prior to • determining a new (reduced) lake level, dedication will relate to' the new waters edge the same as it relates to the cucrent waters edge. C. The dedications of 10 feet in front of the restaurant would not be done until the lake level has been determined. (letter of 6/15/87 from the Applicant to Hearing Examiner) � 17, In response to the June 15, 1987, letter of the � Applicant to the Hearing Examiner, the City of Everett submitted that Silver Lake is a First Class Shoreline becaiise it is within City limits and that the bedlands of Silver Lake beyond the line of navigability are owned by the State. This information was obtained by the City from the Department of Natural Resources , Aquatic Lands Division. In addition, the City submitted that the City has no plan or commitment to do a study determining the lake level of Silver Lake. Water quality measurements are being taken, but no water quantity measurements are being taken. The City submitted that in order to establish the permanent lake level, a petition must be submitted to the court that has been signed by ten oc more property owners abutting the lake.