5006 SUNSET LN 2016-01-01 MF Import

JuNsdicNon: The Hearing Examiner of the City of Everett has jurisdictional authority to hold a heariny and to issue the decision. That authority is set forth in EMC 2.23.120. Based on the above Findings of Fact, the Heaing Examiner enters the following Conclusions: CONCLUSIONS Richard Heard, 5006 Sunset Lane, Everett, Washington (Appellant) requested approval from the City of Everett of a fence height modification to preserve an existing six foot high fence within a front yard setback at 5006 Sunset Lane, Everett, Washington (subject property). The Everett Planning Department Director approved the fence height modification but ir�posed a condition of approval: A vision triangle must be creatsd on site in order to provide a safe sight distance for pedestrian and vehicle operators. In order to accomplish this, a portion of the existing fence must be relocated. This vision triangle must be created by removing a 15-foot section of fence along both the driveway and the street frontage. The fence can then be connected together by installing a fence on the diagonal that would connect the two points at which the fence was removed. (Introduction) 2. The City failed to demonstrate an impact to justify the vision triangle. There are no incidents of traffic accidents resulting from vehicles exiting the subject property. Further, the City has presented no evidence that the fence caused accidents. The City also failed to show that the fence causes view obstruction. The City has failed to justify the condition of appmval of the fence height modification. (�ndings 7& 8) 3. From the testimony and evidence presented, it appears view obstructions are not the result of the fence design of the Appellant but from vehicles parked along Sunset Lane. (finding 8) 4. There have been no objections to the fence for eight years prior to the complaint to the City. With lac6: of evidence to support that the fence, as constructed and designed, as a dangerous condition and no history of complaints, the condition of approval is not justified. (findmgs 4- 8) 4