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w^- <br /> � � ro <br /> �v <br /> 10 C <br /> C H <br /> N <br /> Kn <br /> y �� pastor J.B• Brandt Appeal <br /> � H ro Appeal 5-92 <br /> v+ H page -2- <br /> t° � � <br /> � � � Aftec due consideration of the testimony and ethe epublicrheari g; bandtas <br /> H ' Applicant; testimo¢y and evidence elicited during <br /> ¢ y the result of the personal inspection of the sub�ect property and surrounding <br /> � H � areas by the Everett Nearing Examiner, the fallowing findings of fact and <br /> � � y conclusions conatitute the basis of the decision of [he Everett Hearing <br /> � � r Examiner. <br /> �y � OF FACTS <br /> y' y N <br /> FINDINGS <br /> y p V. <br /> 1. There in an unopened right-of-way in the alley between tWBshington�ckThe <br /> Alger Avenue and College Avenue in the City of Everett, <br /> Applicant is the ownerlica[ione with tthe1Cityllof eEvere[t� PubllcaWorks <br /> 1992, he filed an app <br /> Department to conatruct a fence in the u¢opened alley, and the City o <br /> Everett Public Works Department approved and issued the Public Works <br /> Permit for the construction of the fence an June 2, 1992• The permit is <br /> a tempozary use permit. <br /> z. On June 17, 1992, P8Sa1r of•B[he rPublic �Works aPermit.th Thei Appellao 8s <br /> Church, filed an appe <br /> / ro ert on Alger A�enue iacludes the parsonage of the Zion Lut eran <br /> I �� Chorch which is located at the corner of 47th S':zeet and South Alger <br /> � Avenue, Evetett, Washington. <br /> 1 ��. 3. The City of BYerett Public Works Department has the authority to issue � <br /> t Codei(EMC)r13 30 040.A.2 setsfforth the f liowing•provisionsett Municipal <br /> �� <br /> Within a singleffamilytoneigwhich in theVopinion of [he <br /> � �� Public Works Director or his designee, will not <br /> interfere with the public convenie ublic rand whichluse <br /> safety, or welfare of the genernl p <br /> s is commonly attendant to uaes in single-fam Ply zothe <br /> �1 � such as fences, bulkheads, stairs and landsca ing, <br /> permit shall be allowed. <br /> ' 4. The Applica¢t's property is zoned R-1. The Public Worl:s Director <br /> r I , w1[hr thed publict convenien e forchealthhe safz yCBIIaadilWelfarenofrfthe <br /> I general public. <br /> �r 5. The City submitted that it is the City's policy to permit fences in <br /> unopened alley right-of-ways when the fence is poaitio¢ed to equally <br /> divide the right-of-way between two abutting property owners. Although <br /> the exact location of the right-of-way Was not determined by the City in <br /> issuing the permit for the conetructlicant strearf Propertyelinence was <br /> permitted to be 7-1/2 feet from the App <br />