Resolution 3197 - Laserfiche WebLink

008 Bay Ridge Development SMA 7-88 Page -4- 27. Memo to Paul Roberts from Al Shelstad dated 4-3-89 Regarding Traffic After due consideration of the evidence presented by the Applicant; evidence elicited during the public hearing; and as the result of the personal inspection of the subject property and surrounding areas by the Everett Hearing Examiner, the following findings of fact and conclusions constitute the basis of the decision of the Everett Hearing Examiner. FINDINGS OF FAC S 1. The Applicant requested approval of a Permit pursuant to City of Everett Ordinance 723-80, as amended, for approval of the construction of an 188 unit apartment complex on 7.57 .acres of land, south of 23rd and 24th Drive S.E., east of S.R. 527, in the City of Everett, Washington. (staff report) 2. Because of the proximity of the subject property to Silver Lake, review of the proposal pursuant to the Shoreline Act of the State of Washington and the Snohomish County Master Program is required. (Ervine testimony) 3. ROW 90.58 et. seq. sets forth the Shoreline Management Act of 1971 for the State of Washington. ROW 90.58.140(2) requires that no substantial development shall be undertaken on shorelines in the State of Washington without a permit from the government entity having administrative jurisdiction. A substantial development is defined as a development which the total cost of fair market value exceeds $2,500.00 or any development which materially interferes with the normal public use of the water or shorelines of the State, (ROW 90.58.030(3)E. The proposed development of the Applicant is a substantial development which will exceed the statutory fair market value. The City of Everett is justified in requiring the Applicant to obtain a Permit. (administrative finding) 4. The City of Everett has not amended its Shoreline Master Program to include the subject property. Therefore, pursuant to the authority as set forth in the Washington Administrative Codes, the Snohomish County Master Program is used for the shoreline designation and shoreline review of the proposed project. (staff report, Ervine testimony) 5. The Snohomish County Master Program designates the subject property as Urban Environment. In an Urban Environment a wide range of uses, including residential use, is allowed subject to review. (staff report) 6. Shoreline improvements to Silver Lake will be made with the proposed development. Included in these improvements will be: A. Non-commercial piers not exceeding 50 feet from the shoreline. These are required pursuant to the Snohomish County Shoreline Master Program for all new multiple residences located on the shoreline. 000048