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transportation facility is required in the instant case to deliver the large steel <br /> structures by barge. (exhibit 1, staff report, page 9; testimony of Mr. Molver) <br /> 43. The proposed conditional use will not interfere with the normal public use of <br /> public shorelines. The use of the site and the design of the proposed project <br /> would be compatible with other authorized uses in the area and other uses <br /> planned for the area. The proposed use would have no significant adverse <br /> effects on the shoreline environment in which it would be located. The public <br /> interest would suffer no substantial detrimental effect. The proposal is consistent <br /> with the policies of RCW 90.58.020 and the SMP. (testimony of Mr. Molver; <br /> testimony of Mr. Ingalsbe; exhibit 1, staff report, page 9) <br /> CONCLUSIONS OF LAW <br /> Jurisdiction <br /> Jurisdiction: The Hearing Examiner of the City of Everett has jurisdictional authority to <br /> hold a hearing and to issue the decision. That authority is set forth in EMC 15.16.100. <br /> Based on the above Findings of Fact, the Hearing Examiner enters the following <br /> Conclusions: <br /> Criteria and Standards for Review <br /> Shoreline Permit - The proposed project is subject to the requirements of the <br /> Washington Shoreline Act (RCW 90.58) and ordinances of the City of Everett, including <br /> the Everett Shoreline Management Program. The goals, policies, and regulations <br /> applicable to the development on the shoreline are set forth in these documents. The <br /> relevant goals, policies, and regulations have been addressed in the City of Everett's <br /> staff report (exhibit 1). The City has correctly identified the sections that are <br /> jurisdictional to the request. These include: Shoreline Master Program Elements — <br /> Section 33D.050, Shoreline Use Element; Section 33D.060, Cultural Resources; <br /> Section 33D.070, Flood Hazard Reduction; Section 33D.080, Public Access; Section <br /> 33D.090, and Conservation Element. In addition, the Urban Mixed Industrial and <br /> Aquatic Conservancy designations were considered. Relevant regulations include: <br /> Section 33D.160, Industry; Section 33D.210, Parking; Section 33D.240, Signs, Outdoor <br /> Advertising; Section 33D.260, Transportation Facilities; and Section 33D.340, Piers, <br /> Docks and Floats. <br /> Reasonable Use Exception. Section 19.33D.400.B <br /> 1. There is no other reasonable use or feasible alternative to the proposed <br /> development with less impact on the environmentally sensitive area. <br /> 2. The proposed development does not pose a threat to the public health, safety <br /> and welfare on or off of the subject lot. <br /> 3. Any alterations permitted to the requirements of this article shall be the minimum <br /> necessary to allow for reasonable use of the property. <br /> 10 <br />