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only e�idence of detrimenfi from the existing fence in the record is fihe <br /> statemenfi by one member of the public that the six-foot fence in the front <br /> setback "takes away from fihe open feeling quality passessed by other yards <br /> on the street". The photographs af surrounding parcels in evic�ence show <br /> front yards completely blocked from view by sight-obscuring vegetafion or by <br /> solid walls. The Applicants' existing fences pravide more transparency than <br /> these surrounding lats due to the aiternating missing boards on fihe fence <br /> fronting Gardn�r. With the faurel at least partially blocking the view of the six- <br /> foat fence in the front setback, and without concern from fihe City Engineer, <br /> the recard does not show detriment from the exisfiing fence along the trail. <br /> (Findings 3, 5, 6, 90; 12, '3, 74, 16, 17, and �8) <br /> 2. Regarding the south fence, the record clearly shows topography to be an <br /> exceptional circumstance calling for fialler fencing. Regarding the west fence, <br /> #he Applicant's testimony regarding the need for security and privacy from <br /> activities on the �ublic trail was corroborated by an adjoining neighbor. The <br /> subject parcel's location adjacent ta a public trail satisfies the variance <br /> criterion requiring exceptional circumstances_ (Findings 3, 5, 6, 10, and 11) <br /> 3. Other fots with similar circumstances can request similar variances for new <br /> fences, so there is no special privilege. In the existing condition, there are <br /> several over height fences in the neighbarhood. Based on Staff testimony, <br /> the transparency requirement does not by code apply to the subject property; <br /> hflwever, should it subsequently be deemed to apply, the nan-transparent <br /> west fence in the front yard setback is not incansistent with several nearby <br /> fron#yards that have sight-obscuring barriers surrounding them. The <br /> Applicants' existing fences are not out of character with surrounding <br /> development. (Findings 5, 6, 7, 19, 12, 13, 14, 95, 96, and 97) <br /> 4. The discrete segments of fence that are over height provide the privacy and <br /> security desired from fences without resulting in excessively tall fence height <br /> as viewed fram any other lot or public righ�-of-way. Retaining the existing <br /> fence is not more than the minimum necessary. (Findings 5, 6, 7, 11, 92, �3, <br /> 94, 15, 16, and 9� <br /> 5. The proposed variance would be consistent with the Everett Generai Plan. <br /> (Finding 5, 6, and 19) <br /> 6. The Applicants caused neither the lot's tapography nor its adjacency to a <br /> public trail. The variance is nofi fihe result af self-created hardship. (Findir�gs <br /> 3, 5, 6, 10, and11} <br /> 6 � <br />