4717 GARDNER AVE 2016-01-01 MF Import

i i PLANNING DIRECTOR DETERMINATION Fence Modification Review Process I #03-017 INTRODUCTION: The City of Everett Planning Department has received an application from Larry Edwards, 4717 Gardner Ave., Everett WA 98203, to retain an existing solid board fence exce�ding six feet in height within the front and side setbacks. EMC Section 19.39.070.A.1 of the Everett Zoning Code grants the Planning Director the ability to permit a fence to exceed the maximum allowable height of forty-two inches within the front setback, through Review Process I ss described in the City's Local Project Review and Procedures Ordinance. BACKGROUND: EMC Section 19.39.070.A.1 slates that fences in residential zones shall not exceed six feet in height. Within the front yard setback areas, the maximum height shall not exceed forty-two inches unless approved by the Planrnng Director using the review process described in the City's Local Project Review and Procedures Ordinance. The subject property is located at 4717 Gardner Avenue, in the R-S Suburban Residential Zone. The property owner has made application for a fence modification to retain a fence in excess of six feet in height, which is located within the front yard and side setbacks. FINDINGS: The subject fence is a solid board fence topped with a trellis structure totaling approximately nine feet in height. The fence is divided into two separate sections. The section of fence located to the north oi the driveway is located within three feet of the western (front) property line and runs north/south on site. This fence is in excess of forty-two inches in height. The second section of fence is located to the south of the driveway within eighteen feet of the western (front) property line also running north/south; this portion of the fence exceeds forty-two inches in heiyht. This section of fence continues to run along the southern property line in an east/west direction within the side setback. This portion of the fence exceeds six feet in height. EMC subsection 19.4.020 defines fence as "a manmade banier erected to enclose, screen or separate areas of land.'; structure is defined as a "combination of materials constructed or erected on or under the ground, or attached to something having a permanent location on or under the ground." EMC subsection 19.4.020 also defines setback as 'Yhe required minimum distance between any lot line and any structure, building, or use." The fence and trellis present at the subject site are structures and are therefore subject to regulation under the Title 19 (Zoning Code) of the Everett Municipal Code. ' The nature of the fence is such that there is an allowance for the free flow of light and air through the upper portion of the fence, particularly within the trellis portion of the structure. However, the portion of the fence in excess of six feet in height within the side