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FINDINGS AND RECOMMENDATION <br /> OF THE HEARING EXAMINER OF THE <br /> CITY OF EVERETT <br /> IN THE MATTER OF THE APPLICATION <br /> OF BOB STEINMANN AND ROYAL FLUSH <br /> PARTNERSHIP FOR APPROVAL OF AN <br /> EXTENSION AND MINOR MODIFICATION Rezone #4-96 <br /> OF AN INTENT TO REZONE <br /> RECOMMENDATION: A five year extension of the Intent to Rezone with a <br /> minor revision for the development of the 2.9 acre <br /> parcel of land north of Casino Road, south of State <br /> Route 526, and east of Hardeson Road, Everett, <br /> Washington, should be granted. In addition, the <br /> Applicant should be granted a variance to allow <br /> the height of buildings to be 35 feet above the <br /> existing grade, rather than 35 feet above base <br /> elevation of the site. The Applicant should also be <br /> granted a reduction of the buffer from a riparian <br /> wetland to allow a buffer of 37-1/2 feet, rather than <br /> one of 75 feet. <br /> INTRODUCTION <br /> In 1982, the City of Everett rezoned the property north of Casino Road, south of State <br /> Route (SR) 526, and east of Hardeson Road, Everett, Washington (subject property) to an <br /> R-3 PRD zoning designation. The property was rezoned with conditions for development. <br /> In January, 1992, the subject property was again the subject of a request for rezone. At <br /> that time, the Everett City Council approved an Intent to Rezone the subject property from <br /> the R-3 PRD zone to the R-3 zone. This Intent to Rezone was granted in order to allow <br /> construction of a 36 unit multiple-family development within the five year period which will <br /> lapse in 1997. The five year period of time will lapse in 1997, and Homestead Alternatives <br /> (Applicant) and Royal Flush Partnership (Owner) seek a five year extension and a minor <br /> development revision of the Intent to Rezone for the 2.9 acre site. (In 1982, the subject <br /> property was not owned by the current Applicant or Owner.) <br /> In addition, the Applicant requests approval of a variance from the Everett Zoning Code <br /> requirements to allow the height of a building to be 35 feet as measured from the existing <br /> grade on-site, rather than as measured from the base elevation of the site. The Applicant <br /> also requested approval of a wetland buffer width reduction from a 75 foot buffer from a <br /> riparian wetland to a 37-1/2 foot buffer. <br /> A hearing on these requests was held before the Hearing Examiner of the City of Everett <br /> on October 3, 1996. At the hearing the following presented testimony and evidence: <br /> 1 <br />