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Consideration of the request by Gregory Frederick for a side yard fence height exception at 1109 N. 120th Street.
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Submitted by:
Andy Krause
Department:
Development/Building & Safety Division
A. Issue/Background
The applicant is requesting a fence code exception for an approximately five-foot tall fence located within the side yard along the west side of the house for a length of 68 feet. Although the address is 120th Street, the front of the lot is Christine Drive as it is the narrowest side of the lot along a street. The fence is already constructed and in conflict with the issued fence permit and code requirements.
Constructed fence:
The side yard fence is approximately 5’-1” to 5’-2” above grade for a length of 68 feet in the western side yard.
Allowed by City code:
Under 15.28.030A, fences located in the side yard not abutting a street are allowed up to four and one-half feet or less in height.
Attachments to this report include the applicant’s narrative addressing the exception criteria, fence contract, a proposal to correct the fence, fence photos, and City email exchanges with applicant prior to issuing the fence permit, and issued permit.
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.