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4 <br /> J <br /> Everett Municipal Code 19.37.060.B.4 Pedestrian Path <br /> Jae Hong <br /> 1409 Madrona Avenue <br /> Everett,Washington <br /> May 3, 2010 <br /> Request Narrative <br /> Shockey/Brent, Inc represents Dr. Jae Hong regarding his property located at 1409 Madrona <br /> Avenue in Everett, Washington. The properly consists of a single family residence and a series <br /> of retaining walls and staircases which provide stability to the slope. Mr. Hong is proposing a <br /> staircase to access the bottom portion of his property. In order for this to occur, it would have to <br /> be constructed along a critical area (slope). <br /> The City, in its February 9, 2010 letter responding to materials related to the retaining walls, <br /> requested justification criteria pursuant to ]Everett Municipal Code (EMC) 19.37.060.B.4 to <br /> construct the staircase. Below is the code section specific to permitted uses and activities in <br /> critical areas followed by the justification criteria for allowing private pedestrian pathways in <br /> critical areas. We believe that this justification is adequate to allow the Director to approve the <br /> stairs on the slope. <br /> EMC 19.37.060 PERMITTED USES AND ACTITIVIES <br /> A. USES PERMITTED ON LOTS CONTAINING OR ADJOINING CRITICAL AREAS SHALL BE THE <br /> SAME AS THOSE PERMITTED IN THE USE ZONE IN WHICH THE LOT IS LOCATED. EACH USE <br /> SHALL BE EVALUATED IN ACCORDANCE WITH THE REVIEW PROCESS REQUIRED FOR THE <br /> PROPOSED USE IN THE USE ZONE IN CONJUNCTION WITH THE REQUIREMENTS OF THIS <br /> CHAPTER AND OTHER CITY,STATE AND FEDERAL REGULATIONS. <br /> EMC 19.37.060.B. THE FOLLOWING USES/ACTIVITIES ARE PERMITTED IN CRITICAL <br /> AREAS AND THEIR BUFFERS: <br /> ....PUBLIC AND PRIVATE PEDESTRIAN PATHS AND TRAILS. PUBLIC AND PRIVATE <br /> PEDESTRIAN TRAILS,INCLUDING INTERPRETIVE SIGNAGE, OVERLOOKS,AND BENCHES,MAY <br /> BE PERMITTED SUBJECT TO THE FOLLOWING CRITERIA AND SUBJECT TO APPROVAL BY THE <br /> DIRECTOR. <br /> a. The trail or path is designed to minimize impacts to the critical area and its buffer. The <br /> trail is located on the outer edge of the buffer, except for areas which provide for public <br /> viewpoints or educational opportunities and which are designed to minimize the footprint <br /> of the traiUpath within the critical area or its buffer. Trails and paths shall not be <br /> permitted when critical area functions will be substantially degraded <br /> The construction of the staircase would be designed to minimize impacts to the steep <br /> slopes onsite as well as the wetland area and drainage way on the neighboring property to <br />