2102 ROSS AVE 2018-02-23 - Laserfiche WebLink

37. Regulations of wider buffers, habitat management and function assessments are part of the review process of requests in the Aquatic Conservancy designation. The City requires minimum buffers adjacent to areas that are designated within the Aquatic Conservancy designation. Buffers may be reduced, if they provide a reasonable use of the property, as allowed pursuant to EMC 33D.400.B. The subject property is within the 2.41 Aquatic Conservancy Assessment Unit and a minimum buffer of 200 feet is required. The Applicant requested a Reasonable Use Exception. (exhibit 1, staff report, page 5; testimony of Mr. Ingalsbe) 38. The 200-foot buffer standard in the Aquatic Conservancy designation can be below 100 feet only with an approval of a RUE. The Applicant applied for the RUE to allow the buffer to vary from the minimum of 45 feet at the office shop building to zero feet at the wharf. In support of the request, the Applicant submitted that because a 200-foot buffer would result in a lot with less than 50 feet of developable area, a RUE is required to allow the buffer to vary from the minimum buffer standard to zero feet at the wharf. With a RUE the buffers for the instant project would be similar and consistent with the buffers that were previously approved for the existing building on-site. (exhibit 1, staff report, page 9; exhibit 4, critical areas report; exhibit 8, RUE narrative) 39. The proposed development will not pose a threat to the public health, safety or welfare, and no such threats have been identified. Alterations resulting from the reduced buffer will be the minimum necessary allowed for reasonable use of the subject property. (exhibit 1, staff report, pages 9 and 10; testimony of Mr. Ingalsbe; exhibit 8, RUE narrative) 40. The proposed activity was not the result of a short subdivision or boundary line adjustment. The parcel was acquired to derive a reasonable economic use of the property and is not the result of any land use actions on the part of the Applicant. (exhibit 1, staff report, page 10; exhibit 8, RUE narrative) 41. To the maximum extent possible, the proposal mitigates impacts to environmentally sensitive areas. The area where the proposed office and shop are to be located has previously been altered and has storage activity. None of the proposed activity of the Applicant will further alter this area. The area between the river and proposed office and shop will be enhanced and will be used for mitigating shade impacts resulting from the proposed wharf. (exhibit 1, staff report, page 10) 42. In the City of Everett, a transportation facility of state-wide significance is allowed only as a conditional use in an Aquatic Conservancy Environment designated area (table 5.1, Chapter 19.33D.100, EMC). The proposed use qualifies as a transportation facility of state-wide significance because it will include a portion of the development that is within a shoreline designated area or zone; a marine port and barge facility; and the services will be related solely to marine activities. A 9 ,