415 RIVERSIDE RD 2019-02-14 - Laserfiche WebLink

adjacent to the site include, but are not limited to, differences in elevation, existing vegetation, location of buildings or utilities. The requirements of the ordinance are ineffective and qualifies the site for a landscape standard modification. (exhibit 1, staff report, pages 7 and 8; EMC 19.35.070(A)(3)) 44. The landscape width in the M-2 zone district is ten feet. If a lot is five acres or more, the required width of the landscaping is increased to twenty feet (Table 35-1 EMC). Proposed Lot A, as modified by the binding site plan, is less than five acres and may have a minimum landscape width of ten feet. However, proposed Lot B is approximately 5.75 acres and must qualify under EMC 19.37.070.A in order to be modified. (testimony of Mr. Jimerson) 45. The reduction of the landscape modification of Lot B would be on the east side of the lot near the proposed trails. It would be near the south property line at the freight handling site. The reduction of the landscaping to ten feet would be reasonable because: the adjacent properties are not impacted; there are slight differences in elevation; there is existing vegetation that would not be disrupted; and the location of the buildings and utilities and the general location of the site render the requirements of the landscaping standards ineffective at this point. (testimony of Mr. Jimerson; exhibit 1, staff report) CONCLUSIONS OF LAW Jurisdiction Jurisdiction: The Hearing Examiner of the City of Everett has jurisdictional authority to hold a hearing and to issue the decision. That authority is set forth in EMC 15.16.100. Based on the above Findings of Fact, the Hearing Examiner enters the following Conclusions: Criteria and Standards for Review Shoreline Permit-The proposed project is subject to the requirements of the Washington Shoreline Act (RCW 90.58) and ordinances of the City of Everett, including the Everett Shoreline Management Program. The goals, policies, and regulations applicable to the development on the shoreline are set forth in these documents. The relevant goals, policies, and regulations have been addressed in the City of Everett's staff report (exhibit 1). The City has correctly identified the sections that are jurisdictional to the request. These include: Shoreline Master Program Elements - Section 3, General Regulations; Section 3.5, Cultural Resources; 3.7, Public Access; Section 3.9, Conservation Element; and Section 5, Use Regulations - Section 5.7, Industry. ( 11