4611 COLLEGE AVE 2018-01-02 MF Import

y H N � p G �C � y ~ � Pastor J.B. Brandt APPeal o m o � Appeal 5-92 ro y H Page -3- � z ro ° ~ p 6. The Appellant submitted that the fence will interfere with the 21on � � R Lutheran Church's use of the unopened right-of-way. This will include � y � interference: with access to a compost pile; with access to a garden; � and with maintenance to keep the alley free of xeeds. Further, N according to the Appellant, landscape materials and landscaping � d y completed within the alley will be impacted by the construction of the � � � fence. O y N 7. The Appellant submitted that the Public Works Permit that a11oWs t e construction licant fshould n be erequiredd [o lconstruct ae fence6 on his that the App property line. 8. The Appellant submitted that other property ownera in the area have not constructed a fence in the unopened right-of-way. Further, the Appellant contended that the accessibility to [he sanicary seWer may be impacted as well as the accessibility to the cable, telephone, and electrical service lines. The City did not present any testimony claiming impact to utility easements. 9. The Appellant contended that the City had err8 in issuin8ellanterthe � ��'� pursuant to EMC 13.30.040. Inatead, accordin to the App I �,� permit should have been issued pursuant to EMC 13.30.010. Accor ng o EMC 13.30.010, the use of the right-of-way ca¢no� be excl�e ellant� 1 cannot interfere with public convenience. Accordin to the App � �.► . the use, as proposed by the Applicant, ia an exclusive use which srould �� interfere with his convenience. The Appellant submitted that the permit should have been denied. CONCLUSIONS I �� 1 temporary8 use Soff a City ight of-xay in anb alley obetr+eenr Alger oAvenue ' '�� and College Avenue i° li II600o�e1 Jc�e Z he1992 it u¢9Juneul7,b 1992, Cthe of Everett to the App pppe?.lant filed an appeal• + 2� [oeholdran hearing and r.o issuet a decisiantonatheuadministrativeuappealY �� This authority is sec farth in the Hearing Examiner Ordinance oE t e City of Everett. I F 1 � 3, EMC 13.30.040 sets forth the criteria for the isauance of the temporary (� � use permit. Those criteria have been reviewed and are satiefied by the Applicant. 4� interfe ee ithithe�public i onvenience ormhealthResafety, and e+lfarenof ' the general public.