10023 21ST AVE W 2016-01-01 MF Import

Finding: The-subject property consists of platted, 30,000 square foot lots. All lots exceed minimum zoning standards for the R-2 zone. No changes in the lot iines or lot configuration are proposed. The parcel boundaries have not been altered or adjusted since the original platting of the property, which occurred prior tu 1970. Conctusion: The lots were cr��ated prior to 1970. The appiicant was not involved in the earlier subdivision and there have been no changes to the lots proposed by the applicant. The applicant has not created the need for the reasonable use decision. 5. The proposal mitigates the impacts on the environmentally sensitive areas to the maximum extent possible. Finding: Proposed mitigation for impacts on the wetland and stream buffers are listed in the revised Environmentally Sensitive Area Study and Mitigation Plan dated October 8, 2001 prepared by Wetland Resources. Proposed mitigation measures would include tlie following: Lot 2— Enhancement of 1,690 square feet of buffer and 1,045 square feet of Wetland A. Mitigation for impacts on l.ot 2 would be provided on Lot 3. Lot 4— Enhancement of 3,680 square feet of buffer and 1,670 square feet of Wetland a. Enhancement would be provided through planting of cedar, hemlock, fir and vine maple trees within the buffer, and spruce, cedar and willow trees within the wetland. For all lots, mitigation measures would include: temporary erosion and sediment control (TESC) measures including sili fence installation; project monitoring; maintenance; contingency measures, and; posting of an assurance device with the City to cover maintenance and monitoring. Conclusion: Adeqvate mitigation of project impacts can be provided for Lots 2 and 4; however, sufficient mitigation of potentlal impacts from development of Lot 3 csnnot be provided. The environmental impacts resuiting from development of Lot 3 would include elimination c±f substantial existing native vegetation immediately adjacent to a tributary to SwamN creek anc associated wetland, substantial additional fragmentation of the critical areas adjacent to the tributary stream and wetlands, and additional erosion, runoff and sedimentation, with negative impacts on fish habitat further downstream in Swamp Creek. As such, the proposal does not mitigate the impacts on the environmentally sensitive areas to the maximum extent possible. II. ADDITIONAL FINDINGS ON TRANSFER OF DEVELOPMENT RIGHTS• If the City determines that a reasonable economic use of the lot or lots cannot be provided under Subsections 37.050.D of the Zoning Code, the City may authorize a transfer of development rights (TDR). A TOR may only occur after review of a reasonable use application. TDR means that the City severs the development rights from the fee interest and permits the owner o� the restricted party to either transfer an authorized portion of the development rights in that property to another lot owned by the restricted party, or to sell an authorized portion of the rights to owners of land who can use such rights in accordance with Subsection 37.050.D.3.a of the Zoning Code. 6 2930 Wetmore, Suite 8-A, Everett, WA 98201-d044 �(425) 257-8731, Fax (425) 257-8742 �G