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l � <br /> PLANNING DIRECTOR DETERMINATION <br /> Fence Modiflcation <br /> Review Process I NO3-017 <br /> INTRODUCTION: The City of Everett Planning Department has received an application <br /> from Larry Edwards, 4717 Gardner Ave., Everett WA 98203, to retain an existing solid <br /> board fence exceeding six feet in height within the front and side setbadcs. EMC <br /> Section 19.39.070.A.1 of the Everett Zoning Code grants the Planning Director the ability <br /> to permit a fence to exceed the maximum allowable height of forty-two inches within the <br /> front setback, through Review Process i as described in the City's Local Project Review <br /> and Procedures Ordinance. <br /> BACKGROUND: EMC Section 19.39.070.A.1 states that fences in residential zones <br /> shall not exceed six feet in height. Within the front yard setback areas, the maximum <br /> height shall not exceed forty-two inches unless approved by the Planning Director using <br /> the review process described in the City's Local Project Review and Procedures <br /> Ordinance. <br /> The subject property is located at 4717 Gardner Avenue, in the R-S Suburban <br /> Residential Zone. The property owner has made application for a fence modification to <br /> retain a fence in excess of six feet in height, which is located within the front yard and <br /> side setbacks. <br /> FINDINGS: The subject fence is a solid board fence topped v�ith a trellis structure <br /> totaling approximately nine feet in height. The fence is dividec into lwo separate <br /> sections. The section of fence located to the north of the driveH ay is located within three <br /> feet of the western (front) property line and runs north/south on siie. This fence is in <br /> excess of forty-two inches in height. The second section of fence is located to the south <br /> of the driveway within eighteen feet of the western (front) property line also running <br /> north/south; this portion of the fence exceeds forty-two inches in height. This section of <br /> fence contin�es to run along the southern property line in an easUwest direction within <br /> the side selba�k. This portion of the fence exceeds six feet in height. <br /> EMC subse�tion 19.4.020 defines fence as "a manmade barrier erected to enclose, <br /> screen or separate areas o/land.'; structure is defined as a "combination ofmaterials <br /> construcred or erected on or under the ground, or attached to something having a <br /> permaner;location on or under the g�ound." EMC subsection 19.4.020 also defines <br /> setback as 'Yhe required minimum distance between any lot line and any structure, <br /> building, or use." The fence and trellis present at the subject site are structures and are <br /> therefore subject to regulation under the Title 19 (Zoning Code) of the Everett Municipal <br /> Code. <br /> The nature of the fence is such that there is an ailowance for the free flow of light and air <br /> through the upper portion of the fence, particularly within the trellis portion of the <br /> structure. However, the portion of the fence in excess of six feet in height within the side <br />► <br />