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Request by Kirsten Jablonski for a fence code exception for a rear yard fence located at 2203 N 69th Street
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Submitted by:
Andrew Krause, Code Enforcement Officer
Department:
Development
A. Background
The applicant is requesting a code exception for a proposed six-foot fence to be constructed in the rear yard abutting a street at 2203 N 69th Street.
Proposed fence
One exception is requested:
• Maximum height. The proposed fence is six feet. Approximately 31 feet (section in yellow) would be located in the side and rear yard abutting a street where the maximum permitted height is 4’-6”. The applicant has already obtained an encroachment agreement through the Board of Public works for approximately 74 total feet of fencing to be in the Right of Way.
Allowed by City code
Under 15.28.030A., fences located in the rear yard abutting a street cannot:
• Exceed four and a half feet in height.
B. Recommendation
Under the exception provisions, the applicant must demonstrate to the Board that a hardship exists created by conforming to the fence regulations. The Board should consider all of the following, making findings that each of these factors applies in favor of granting the exception:
1. Whether strict application of the code would create a hardship to the property owner;
2. Whether the hardship results from conditions which are unique to the property, or unusual in comparison to the properties to which the code is generally applicable; and
3. Whether the application of the exception will be consistent with the intent of the ordinance and not impair public safety.