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� <br />Finding: The-subject property consists of piatted, 30,000 square foot lots. All lots <br />exceed minimum zoning standards for the R-2 zone. No changes in the lot lines or lot <br />configuration are proposed. The parcel boundaries have not been altered or adjusted <br />since the original platting of the property, which occurred prior to 1970. <br />Conclusion: The lots were created prior to 1970. The applicant was not involved in the <br />earlier subdivision and there have been no changes to the lots proposed by the <br />appiicant. The applicant has not created the need for the rexsonable use decision. <br />5. The proposal mitigates the impacts on the �nvironmentally sensitive areas to the <br />max(mum extent possible. <br />Finding: Proposed mitigation for impacts on the wetland and stream buffers are listed <br />in the revised Environmentally Sensitive Area Study and Mitigation Plan dated October <br />8, 2001 prepared by Wetland Resources. Proposed mitigation measures would include <br />the following: <br />Lot 2— Enhancement ot 1,690 square feet of buffer and 1,045 square feet of Wetland A. <br />Mitigation for impacts on Lot 2 would be provided on Lot 3. <br />Lot 4— Enhancement of 3,680 square feet of buffer and 1,670 square feet of Wetland A. <br />Enhancement wouid be provided through planting of cedar, hemlock, fir and vine maple <br />trees within the buffer, and spruce, cedar and willow trees within the wetland. <br />For all lots, mitigation messures would include: temporary erosion and sediment control <br />(TESC) measures includi�; silt fence installation; project monitoring; maintenance; <br />contingency measures, and; postirg of an assurance device with the City to cover <br />maintenance and monitoring. <br />Conclusion: Adequate mitigation of project impacts can be provided for Lots 2 and 4; <br />however, sufficient mitigation of potential impacts from development of Lot 3 cannot be <br />provided. The environmental impacts resulting from development of Lot 3 would include <br />elimination ot substantial existing native vegetation immediately adjacent to a tributary to <br />Swamp creek and associated wetland, substantial additional'ragmentation of the critical <br />areas adjacent to the tributary stream and wetlands, and adciitional erosion, runoff and <br />sedimentation, with negative impacts on fish habitat further downstream in Swamp <br />Creek. As such, the proposal does not mitigate the impacts on the environmentally <br />sensitive areas to the maximum extent possible. <br />II. ADDITIONAL FINDINGS ON TRANSFER OF DEVELOPMENT RIGHTS: <br />If the C;ity determines that a reasonable economic use of the lot or lots cannot be <br />provided under Subsections 37.050.D of the Zoning Code, the City may authorize a <br />transfer of development rights (TDR). A TDR may only occur after review of a <br />reasonable use application. TDR means that ?he City severs the development rights <br />from the fee interest and permits the awner of the restricted party to either transfer an <br />authorized portion of the development rights in that properiy to another lot owned by the <br />restricted party, or to sell an authorized portion of the rights to owners of land who can <br />use such rights in accordance with Subsection 37.050.D.3.a of the Zoning Code. <br />� 2930 Wetmore, Suite 8-A, Everett, WA 98201-4044 '� (425) 257-8731, Fax (425) 257-8742 <br />y�� <br />