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.x- <br /> � <br /> � <br /> � ~ > <br /> ro <br /> �o m � �X � . L �x:, F <br /> ��� <br /> � yCs m � ' ,��r� �H�r'e „ �' <br /> H7C H ' - . . ... . <br /> K <br /> „°e � ro <br /> y N M <br /> R 2 <br /> ro <br /> o � STAFF REPORT TO HEARING EXAMINER <br /> M � APPEAL OF PUBLIC WORKS PERMIT N92/173 (KEVIN STARK) <br /> M ' FOR TEMPORARY USE OF RIGHT OF WAY <br /> � y DATE OF REPORT: JULY 8, 1992 <br /> HN <br /> N <br /> O N <br /> APPLICAN'I': Kevin Stark <br /> � � c�a 4611 College Avenue <br /> o y Everett, WA 98203 <br /> LOCAT'IOn': 4611 College Avenue, lots 5-6 and a portion of lot <br /> 7, Plat of Co]►ege Hill Addition to Everett. <br /> PROJECT: Proposed fence to equally divide unopened alley <br /> right-of-way abutting sub�ect propeRy. <br /> PREVIOUS ACTIONS: a. Kevin Stark filed an application for a Public <br /> Works Permit to construc[ fence in unopened alley <br /> on May 12, 19�2. <br /> b. The City of Everett approved and issued the public <br /> % �',� Works Permit for the fence June 2, 1992. <br /> I �=V c. Pastor J.B. Brandt, on behalf of Zion Lutheran <br /> 1 • Church, delivered to the Public Works Departmen[ <br /> � a letter dated June 3, 1992 protesting issuance of <br /> ��� the permit. <br /> � REASON FOR APPEAL: Mr. Brandt contends that the proposed fence will <br /> limit access to an area that he has used (gazden <br /> shed, compost pile, landscaping) and maintained. <br /> �i �'� He states several other concerns m his letters. <br /> Exhibits: <br /> �1�� p, Staff Report <br /> B. Vicinity Map <br /> C. Public Works Permit N92/173 <br /> � =1�' f D. Letter to public works department <br /> E. Letter to Kevin and Diane Stark <br /> F. Ixtter to Hearing Examiner and department of public works <br /> �� G. Photograph of unopened ailey right-of-way <br /> ��'1�� STAFF STATEMENT: <br /> Cnapter 1330 of the EMC allows the public works department to issue permits for the <br /> temporary use of city rights-or-way and calls for an associated annual permit fee <br /> structure. EMC subsection 13.30.040 sets forth exceptions ro the annual permit fee <br /> and item A., 2., reads as follows: <br /> When the use of a city right-of-way involves the use within a <br /> single-family zone which m the opm�on of the public works <br />