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RES 95-08 APPROVAL OF PRELIMINARY PLAT FOR ARONSON SUBDIVISIONRESOLUTION NO. 95-08 A RESOLUTION APPROVING THE PREIJMINARY PLAT FOR THE ARONSON SUBDIVISION APPLICATION FINDINGS OF FACT, CONCLUSIONS OF LAW, AND RECOMMENDATIONS. WHEREAS, a preliminary short plat application was submitted by Mr. Gary Aronson on May 19, 1994; and WHEREAS, a Mitigated Determination of Nonsignificance was issued July 21, 1994; and WHEREAS, the applicant was informed by the Director on August 19, 1994, that the short plat would be processed under Chapter 17.04; and WHEREAS, a Mitigated Determination of Nonsignificance was issued September 9, 1994; and WHEREAS, a public hearing was conducted by the Hearing Examiner on January 5, 1995, from which Findings of Fact, Conclusions of Law, and Recommendation were drafted recommending approval of the subdivision with conditions (pages 12 and 13); now, therefore, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON, DOES RESOLVE AS FOLLOWS: Section 1. The Findings of Fact, Conclusions of Law and Recommendations of the Hearing Examiner (SPT05-19-94-1), as set forth in Exhibit "A", which is attached and incorporated by reference, is adopted as the final decision of the Bainbridge Island City Council, except as follows: Recommendation No. 1, is amended as follows: No vegetation shall be removed from the steep slope areas. Dead or dangerous trees may be removed with permission from a certified arborist and the City of Bainbridge Island Planning Department. Recommendation No. 2, is amended as follows: Lots A and B shall maintain a structure setback (buffer) including septic systems, of 50 feet from the top of slope, provided that the buffer for Lot B may be reduced by up to 50 percent (25 feet) if a building envelope cannot be located outside of this buffer. To reduce the Lot B buffer, applicant shall provide expert verification by a geotechnical engineer and environmental information that demonstrate to the satisfaction of the Director: a) that the proposal is the minimum necessary to establish a reasonable building envelope; and, b) that it will not adversely impact an environmentally sensitive area or that any impact can be adequately mitigated. The required information shall be provided to the Planning Department prior to any clearing, grading or construction on site. This buffer requirement and the buffer lines shall be placed on the final plat. Recommendation No. 3, is amended as follows: A perimeter buffer of 25 feet shall be maintained. Through buffer averaging, structures may be placed within 15 feet of the west and south property boundaries of Lot A and within 15 feet of the east and south property boundaries of Lot B. The Director shall have the discretion to grant an administrative variance from the south front yard of Lot B, allowing a 15 foot yard, if the setback changes to the ordinance are not adopted prior to application for a building permit. If the Director determines that site constraints require the reduction of the south 25 foot buffers, then those buffers may also be averaged. Square footage of the buffer area reduction shall be calculated and reapplied to the remaining perimeter buffer areas, so that the total area contained within the required buffer after averaging is no les than that contained within the required buffer prior to averaging. Section 2. The approved subdivision is in conformance with the Zoning Ordinance (Ordinance No. 87-30), the Comprehensive Plan (Ordinance No. 94-21), the Subdivision Regulations (BIMC 17.04), and Subdivision Standards (Ordinance No. 84-10), and all other applicable land use ordinances. PASSED by the City Council of the City of Bainbridge Island, Washington, this 2nd day of March, 1995. APPROVED by the Mayor this 6th day of March, 1995. ATTEST/AUTHENTICATE: JANET K. WEST, Mayor US~~P. KASPER, C~ty Clerk FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RF. SOLUTION NO. 95-08 1-27-95 3 -2-95