5006 SUNSET LN 2016-01-01 MF Import

At the hearing the following exhibits were submitted and were admitted as part of the o�cial record of these proceedings: 1. Staff Report 2. Vicinity Map 3. Review Process II #00-014 (includes view angle drawing) 4. Richard Heard's Letters of Appeal 5-6 Photos Submitted by Richard Heard 7. Large Superimposed Photo Depicting Vehicle/Road/Fence 8-10 Photos Submitted by Richard Heard 11. Road Map Submitted by Richard Heard 12-13 Photos Submitted by Richard Heard AII of the exhibits are available for inspection at the Hearing Examiner's Office located at 2930 Wetmore Avenue, 8th floor, Everett, Washington. After due cansideration of the testimony and evidence presented by the Appellant and testimony and evidence elicited during the public hearing, the following Findings of Fact and Conclusions constitute the basis of the decision of the Everett Hearing Examiner. FINDINGS OF FACT The Appellant is the owner of property at 5006 Sunset Lane, Everett, Washington. The property fronts Sunset Lane which is designated in the City of Everett as a min�r access street. In the Ciry of Everett, minor access designated streeis are the least traveled streets. (Ervine testimony, exhibit 1, Brooks testimony) When the Appellant purchased the subject property, a fence had long been erected within the front yard setback. According to the Appellant, the fence had been on-site for approximately eight years prior to the purchase. The design of the fence had not been changed since its construction. (Heard testimony) 3. After a complaint to the City from an unidentified neighbor about the height of the fence, the Appellant requested a fence height modification approval from the City of Everett. On August 23, 2000, the Appellant was granted the modification to preserve the existing six foot high fence within the front yard setback of the subject property. Included in the approval was the following condition: