510 ALVERSON BLVD 2018-01-02 MF Import

� ,o Ed Wilbur, 3ecretary -` the Board of Adjustment FROM Jim Ilea, Legal3taflt�,� �� DATE 3eptember 23, 1980 `�" SUBJECi pQN�V�� CITV OF EVEFETf, EVERCTT WASMINGTON Two tasues were presented to this offlce concerning Mr. Howard's request from e vertence trom the requirements of EMC 19.42.010. My response to those issues is as followa: 1. What affect, if any, doea the [act that the fence wes construeted on the property line have on the veriance application? ta�Res nse: I don't feel that thfa is an issue which the Boar� should concern the conaideretion of the variance appltcetion. The Board must meke the essumption that the fence was conatructed on Howerd's property. The isaue of actual lot lines ie a matter which ahould only coneern the adjacent property owners (Buck and Howerd), it Is not a concern of the Board. 2. For purpoaea of ineeaur[ng the tence, should the meesurement be from the bottom ot the retaining well to the top ot the tence, or from the top ot the retaining well to the top ot the Pence? �R e: The real Lssue of concern ia from what point ehould the tence be meeeured. EMC 19.42.020 really gives Ilttle asaistance. It etmply etatea, "tencea with a maximum helght ot seventy-two inches are permitted anywhere . . . " In thia perticular case, [f the fence includee both the reteining well and the wooden atructure, it would meaeure epproximately ten feet !n helght beceuse the retaining wsll !s four teet in height. It the fence includes only the wooden etructure, it would measure approximately eix feet. Bleck's detinea "[ence" ae followa: "A ledge, atructure, or pertition, erected tor the purpose of [nclosing a piece of land, or to divlde a piece of land into dietlnet portiona, or to aeparate two contiguous estetes:' In ueing this de!inition to aeslet in determining whet conetitutea e tence under the City's cud�i, it le appe:ent that the key element is the purpoee which the etructure aervee. Th,e bulkhead/�eta[ning wall wee constructed to aseint in providing aupport for the Buck's property becauae ot the tect that the Buck's property eits higher than does the Howerd prope�ty. The pu�pose of the retalntng well wae not to lnclose a piece of land or to act ea a dlvider. Qiven that the purpase of the reteining wall ia difterent then that of the fence, the height ot the reteining wall ahould not be included in the ove�all meaeurement. Thereforc, the measuring polnt ehould be from the top of the retalning wall.