Resolution 4351 - Laserfiche WebLink

on-site, rather than the base elevation of the site. The Applicant also requested a wetland buffer width reduction from the small riparian wetland located on the northwest portion of the site near Merrill and Ring Creek. The Applicant requests a 37-1/2 foot buffer. (Finding 2) 3. EMC 19.41.160.D.8 sets forth the criteria for review of Performance Agreement Rezones. These criteria include: A. The proposed rezone must be consistent with the Everett General Plan. B. The proposed rezone must bear a substantial relation to public health, safety, or welfare; and the proposed rezone promotes the best long term interests of the Everett Community. C. The terms of the Resolution of Intent agreed to by the Applicant and City are sufficient to mitigate adverse impacts upon existing or anticipated land uses in the immediate vicinity of the subject property. 4. The proposed rezone and extension are consistent with the Everett General Plan. It will result in increased density of the subject property that is similar to that as projected for development in this part of Everett. Because of the sensitive nature of the site, and in particular the wetland and steep slopes from the fill, a reduction of the density is reasonable. (Finding 6) 5. The requested rezone extension bears a substantial relation to the public health, safety, and welfare and promotes the best long term interests of the City of Everett. The development of the site, as proposed, will protect the Environmentally Sensitive area and will provide additional multiple-family housing for the community. (Findings 1, 6, 11 & 12) 6. The Resolution of Intent and the extension will mitigate adverse impacts upon existing or anticipated land uses in the immediate vicinity. (Findings 1, 6, 11 & 12) 7. In order for a variance to be granted within the City of Everett, the criteria of EMC 19.41.130.0 must be satisfied. These criteria include: A. The variance is necessary because of exceptional or extraordinary circumstances regarding the size, shape, topography, or location of the subject property; or the location of a pre-existing improvement on the subject property that conformed to the Zoning Code in effect when the improvement was constructed. B. The variance will not be materially detrimental to the property in the area of the subject property or to the City as a whole. C. The variance will only grant the subject property the same general rights enjoyed by other property in the same area and zone as the subject property. 6