5006 SUNSET LN 2016-01-01 MF Import

STAFF REPORT TO HEARING EXAMINER APPEAL +Y00-011 DATE: 10/17/00 Appellant: Richard Heard 5006 Sunset Lane Everett, Washington 98203 I.ocation: 5006 Sunset Lane � Planning Department �I U Coordinator: Gerry Ervine Senior Planner (425) 25"-8731 �c��om� f� OCT 2 4 2000 � , , , ....,_ .. . � - � CITY OF EVERE �men �pubhc 8��y��:c Description of Fence Height Moditication: Mr. Heard was granted �i$nce �%�ght Modification on August 23, 2000 (Review Process II r9�0-0-014) to preserve an existing six-foot high fence within the :ont yard setback. EMC 39.070.A.1 grants the Planning Director the abiliry to permit a fence to exceed 42 inches in height (Zoning Code maximum height in front yard setback area), using Review Process II. Mr. Heard's Fence Height Modification was granted with one condition required by the Public Works Department to address a traffic safery concern, which reads as follows: A vision triangle must be created on site in order to provide a safe sight disfance for pedestrian and vehicle operators. In order to accomplLsh this, a portion of t6e eatisting fence must be relocated. This vision triangle must be created by removing a 15-foot section of fence along both t6e driveway and t6e street frontege. The fence can then be connected together by iestalling a fence on the diagonal that would connect the two points at which the fence was removed. Discussion: Keeping the fence heighi to 42 inches in the front yard setback area as required by the Zoning Code creates a more pedestrian friendly streetscape. The Heard's recently bought their home with an existing six-foot tall fence in the front yard. This fence had been in existence for approximately eight years according to the Heard's. Based on the above information the Planning Direcror did authorize the fence height modification with the vision triangle condition. Heard Appeal: Based on the City Public Works Department decision to require the creation of the above described vision triangle to improve traffic safery, Richard Heard filed an appeal. The appeal was detailed in two letters attached as Exhibit �/4. The bulk of the Heard's discussion in their letters of appeal appears to address the fence height modification rather than the vision triangle requirement under appeal. The following is a summary of issues identified in the Heard's letters of appeal. 1. Just moved into house and received enforcement notice one week after moving in