Loading...
HE Decision V-06-68 & 69.pdfHearing Examiner Decision Case No.: V-06-68 and V-06-69 Page 14 DECISION• Based upon the foregoing findings and conclusions, the request for a reasonable use exception and critical area variances are approved, subject to the following conditions: 1. Approval of these variances do not complete all actions necessary to comply with the Environmentally Critical Areas Chapters, Edmonds Community Development Code Chapters 23.40 to 23.90. The applicants shall meet the requirements of the Environmentally Critical Areas Chapters by doing the following: a) Following the recommendations of the geotechnical report by HWA GeoSciences submitted with the building permit in regards to the setback of 50 feet (35 feet buffer and 15 foot building setback) from the toe of the steep slope to comply with the Landslide Hazard requirements of Edmonds Community Development Code Chapter 23.80. b) In order to meet the requirements of the Wetland chapter in ECDC Chapter 23.50 complete the following: (1) Revise the Critical Areas Study to address the following: (a) Consider routing utilities to the house on lot 1 (7217 Meadowdale Beach Road) in a way to minimize disturbance to the existing wetlands; (b) Design the tightline from the interceptor drain to add water in a level spreader trench or other method to the area between the house and driveway on lot 1 and,Meadowdale Beach Road; (c) Consider the advisability of adding water back to the wetland between the two houses. .(2) Revise the interceptor drain plan as needed based on the above; (3) Include the grading proposed for the wetland creation with the building permit plans; (4) Submit a Landscape Planting Plan prior to issuance of the building permits. The Plan shall address all areas shown on the building permit documents to be disturbed, and also contain contingencies if additional areas are disturbed. The overall plan shall meet or exceed the planting densities required in ECDC 20.12.015. The plan shall also show any proposed lawn areas, and required fencing location and sign locations; (5) The portion of the wetlands and buffer that will remain undisturbed shall be flagged or fenced prior to any construction activities on the site to prevent equipment from driving in these critical areas, or materials being stored in the critical areas (ECDC 23.50.050.G). The applicant shall.call Planning staff when this fencing is ready for inspection; (6) Follow the steps outlined in the Critical Areas Study (Exhibit A, Attachment 5, page 8), or more detailed plans as submitted regarding grading and replanting; Hearing Examiner Decision Case No.: V-06-68 and V-06-69 Page 15 (7) Submit a bid for the grading and replanting plan, together with three years of monitoring and maintenance. (8) A bond in the amount of 120 percent of the bid shall be required to be submitted; (9) Place a split rail or similar fence around the wetland and buffer area to be preserved. This area shall be shown on the Landscape Planting Plan; (10) Place permanent signs along the boundary of the wetland and buffer (ECDC 23.50.040.G.2.). c) The site shall remain with native vegetation (not cleared) except within the footprint of development to meet the Fish and Wildlife Habitat Conservation Areas standards. 2. Mitigation of the wetlands shall be complete prior to use or occupancy of the single- family residences per ECDC 23.50.050.E. 3. All on-site drainage improvements shall be privately owned and maintained. 4. Applicant shall meet all engineering requirements with future building permits 5. This application is subject to the applicable requirements contained in the Edmonds Community Development Code. It is the responsibility of the applicant to ensure compliance with the various provisions contained in these ordinances. 6. The applicant must obtain a building permit prior to any construction. 7. The permit is transferable. 8. This reasonable use exception and critical areas variance shall be acted on within two years from the date of approval or the variance shall expire and be null and void, unless the owner files an application for an extension of the time before the expiration and the city approves the application. Only one one-year extension is possible. Entered this 14th day of August 2006 pursuant to the authority granted the Hearings Examiner under Chapter 20.100 of the Community Development Code of the City of Edmonds. on McConnell, FAICP Hearing Examiner RECONSIDERATION AND APPEAL: The following is a summary of the deadlines and procedures for filing reconsideration and appeal. Any person wishing to file or respond to a recommendation or appeal should contact the Planning Department for further procedural information.