4717 GARDNER AVE 2016-01-01 MF Import

1. Staff Report 2. Appellant's Appeal Form 3. Appellant's Letter of Appeal 4. ApplicanYs App":ation Form 5. Planning Directoi s Determination Review P;ocess I (Rev I #03-017) 6. Staffs Site Plan Approval 7. Staff Photos of Subject Fence 8. Submittal and attachments from Glen Gosser All of the exhibits are available for inspection at the Hearing Examiner's Office :ocated at 2930 Wetmore Avenue, 8th floor, EvPrett, Washington. After due consideration of the testimony and evidence presented by the Applicant and Appellant, and testimony and evidence eliated during the public hearing, the following Findings of Fact and Condusions constitute the basis of the decision of the Everett Hearing Examiner. FINDINGS OF FACT 1. On June 18, 2003, the Applicant applied to the City Planning and Community Development Department for approval of a Review Process I (�J03-017) to allow a fence to exceed the maximum allowed height of 42" within a front yard setback on property located at 4717 Gardner Avenue, Everett, Washington. In addition, the Applicant also requested that the other two fences on-site be allowed to exceed nine feet in height. The nine feet would include the fence and trellis. After review of the application and the applicable City ordinances, the City Planning and Community Development Director granted the request for the fence i modification. The fence modification on-site was allowed subject to five requirements that were set forth in the July 23, 2003, determination. (exhibits 1, 4 & 5) 2. On May 13, 2003, the City of Everett issued a violation citation to the Applicant that the fences on-site were in violation of Everett Municipal Code (EMC) 19.39.070.A.1, wi�ich requires that fences in residential zones not exceed six feet in height. Further, the ordinance requires that within front yard setback areas, the maximum fence height shall not exceed 42", unless approved by the City through a Review Process I. (exhibit 1, Fauver testimony) 3. The Applicant has constructed fences in the front and south side yard setbacks of the subject property. The fences and trellis are approximately nine feet in 2