2211 19TH ST 2016-01-01 MF Import

� Larry Callahan, Marian Dent - Building Department ro Dennis Gregotre - Planning Depertment FROM Jim IIes - Legel_y� �f DATE Auguat 3, �1882 r- SUBJECT F� r��m � le:= �aW� CI'�V OF EVEHETT, EVEflETT WASHINGTON The Zoning Code defines front, rear and side yarda (EMC 19.04.010). However, these definttions are ot no real help in thls case. Besidea the detinitions set forth in EMC 19.04.010, eaeh zoning classitication sets forth the requiaite yard dimertalone whIch would normally aid in identifying the various yarda on a perticular lot. But those dimenaions ere elso ot no real aseistance in thie case becauae the houee end the lot predate the Zoning Code. Normally, when e home ls construc!ed or. . lot the �equisite yerd requirements R,;�at be met. 3ince the requireme�rts are met at the time of construction, the veelous "yarda" are defined es of that time. While the etreet address asaigned to e particular residence may be indicative of the structure aientation dictating the designation of the var[ous yards ea required by the Zoning Code, the atreet address doea not determine the yard designation. Once a partleular yard in a lot is designated a front yard for purpoeea of ineeting the yard requiremente of the Zoning Code, the yard deaignation can not be changed. In thia ceee, the original atreet addrexs, 1832 Rainier, was not indicative ot the tront yard designation. While one can not look at the Zon[ng Code yard requirements to identify the particular yards within the lot In question, because of the age oY the lot and house, one must look to some common aense indicatore. 'Chese indicetors ahow the followIng: (1) front of the house faces 19th Street; (2) driveway 3s off of 19th Street; (3) and the front door facea onto 192h Street. There is practieally no yard between the house and 19th Street. Hut this is probebly due to the fact that 19th Street hns been widened over the yeara reducing whatever "tront" yerd existed. The totality of these factors lead to the conclusion that the front yard wes originally on 19th Street and still is on 19th Street. Since the iront yard in on 19th Street, it is permissible to construct a fence siY teet in height along the boundary llne between 1932 Rainier and 1926 Ralnier. Sven had the addresa at 1832 Reinier not been changed, they would have been entitled to conetruct a aiz foot high fence. The fence (e twelve feet away from the house at 1826 Rainier but only nine f'eet nln� incM� eway from the bey vlew window, According to ths Zoning Code, EMC 19.42.020(H), s aix foot fence muat be at leest ten feet away from the prinolpal building on the adJoining lot. While e technical violation does extst in this ceae, it is not aigniflcent enough to requlre that the fenee be moved. In faet, an argument could be made that the actual distance away from the bay vtew window is not relevent beceuae it Ls only an extension of the matn structure which meeffi the distance requ[rements. Conclusion: The fact that the address ehenge was made is immateriel. Even t oug t e Zoning Code yard requirements do not apply in this cese, the same principi�stil! applles. When looking at the structure orientation to the lot, it's apparent that the front yard oY the lot in question faces 19th St�eet rether than Rainier. This means that the fenee constructed between 1832 and 1826 Ralnier constitutea e back yard fenee and, therePo�e, can be six feet in height. Prior to any discussion with the Foster's and Lilley's concerning thia matter, I auggeat that we firat sit down and dlseuss lt. 'e;.ii.;uti�. : � '