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November, 26, 2012 Delivery Confirmation #0310 1230 0000 2645 2258 Zine Badissy Najiba Badissy 4909119 ti' Place NE Kirkland, WA 98033 SUBJECT: Special Fence Permit Denial Violation Address: Dear Property Owners: LUAI1-058 240, 248 & 250 Park Avenue North Enclosed is a copy of the letter sent to you on October 19, 2012. The letter advised you that your property at 250 Park Avenue North, Renton, WA, was denied a special fence permit. The letter directed you to bring the fence into compliance with city code by removing or lowering the fence height by November 19, 2012. (See enclosed handout for clarification) In addition, the front yard fence heights at 240 and 248 Park Avenue North must be removed or lowered to 48" in height as they will not be issued a special fence permit. There will be no further time extensions granted. If the properties are not in compliance by December 11, 2012, you will be fined $100.00 for each property that remains in violation without further contact from this department. Sincerely, Donna Locher Lead Code Compliance Inspector Development Services Division Enclosure Cc: Chip Vincent, CEO Administrator Jennifer Henning, Current Planning Manager Gerald Wasser, Associate Planner Denis Law _ Mayor � ClO `�� fj October'19, 2012 Department of Community and Economic Development C.E.°Chip"Vincent, Administrator Zine.Badissy PO Box1434 Renton, WA 98057 SUBJECT:"- LUA11-058, SF BADISSY SPECIAL FENCE PERMIT 250 PARK AVENUE NORTH Dear.Mr. Badissy: The Badissy Special Fence Permit,• LUAU -058, was denied on July 27, 2011 (see enclosure). Because of issues associated with -the business across the street, compliance with that.denial was held in -abeyance'.- That business is no longer in operation and has been closed. Compliance with the denial of the Badissy Special Fence'Permit is 'necessary; the'fence must be removed or lowered to comply..with Renton Municipal ; Code requirements. -Please,referto Exhibit 4 and the Development Regulations -for Residential Fences, Walls,•& Hedges in the enclosure-for.allowable fence heights. Compliance is now required to be completed by 5:00 p.m. on November. 19, 2012. Please call me at (425) 430-7382 for an inspection of the property no later than November 20, 2012. Sincerely, Gerald C.-Wasser Associate Planner Enclosure: Adriiinistrative'5peclal Fence -Permit Evaluation & Decision, July 27; 2011 cc: Chip Vincent, CED Administrator/Planning Director Jennifer Henning, Current planning Manager Donna Locher, Lead Code Compliance Renton City Hall . 1055 South Grady Way • Renton, Washington 98057. rentonwa.gov DEPARTMENT OF COQ.- UNITY c€ryof AND ECONOMIC DEVELOPMENT PLANNING DIVISION ADMINISTRATIVE SPECIAL FENCE PERMIT EVALUATION FORM & DECISION DATE OF PERMIT ISSUANCE: LAND USE ACTION FILE NO.: PROJECT NAME: PROJECT MANAGER: OWNER: APPLICANT (if other than owner): PROJECT LOCATION: KING COUNTY ASSESSOR'S PROPERTY IDENTIFICATION NUMBER: July 27, 2011 LUA11-058, SF Badissy Special Fence Permit Gerald C. Wasser, Associate Planner Zine Badissy PO Box 1434 Renton, WA 98057 Dale Johnson 240 Park Avenu North Renton, WA 98057 250 Park Avenue North (Exhibit 1) 7224000280 PROJECT DESCRIPTION & ANALYSIS: The applicant is requesting the approval of an Administrative Special Fence Permit for an existing fence (which was recently constructed without a Special Fence Permit) with a maximum height of 5 feet, 11 inches within the front yard and the side yard along a street of a 4,750 square foot lot in the Commercial Neighborhood (CN) zone (Exhibit 2). The side yard fence along North 3rd Street appears to be on the north property line. The front yard fence along Park Avenue North appears to be very close to the west property line. The applicant is proposingto install landscaping on the street sides of the fence consisting of Weigela florida, Cistus (Rock Rose), Ceanothus thyisflorus, Fatsia japonica, and Mahonia media. Because the fence along North 3rd Street is on the property line, proposed landscaping would be in the public right-of-way. The front yard fence (along Park Avenue North) extends approximately 35 feet northward from the south property line and then angles to the northeast to connect with the side yard along a street fence (along North 3rd Street). The fence along North 3`d Street extends eastward along the north property line for approximately 72 feet and then angles to the southeast to connect with the rear yard fence along Park Place North (Exhibit 3). Fence materials consist of solid cedar panels and posts with a gate on the Park Avenue North frontage consisting of the same City of Renton Department o1 munity & Economic Development +inistrative Special Fence Permit Badissy Special Fence Permit LUA1I-058, SF DATE OF PERMIT: July 27, 2011 Page 2 of 4• materials. The finished face of the fence is oriented toward Park Avenue North and North 3rd Street. Renton Municipal Code (RMC 4-4-040D.1.a and c) allows a 4 -foot high (48 inch) fence in the front yard and side yard along a street (shown as blue-green on Exhibit 4) except for the clear vision area (shown as yellow on Exhibit 4) in which the fence may be a maximum of 42 inches. Fences located on other portions of the property may be 6 feet (72 inches) in height (shown as pink on Exhibit 4). Existing fences on the two lots south of the subject property were constructed at the same time (without a Special Fence Permit) and are simlar in height and composition. The granting of a Special Fence Permit forthe subject property would increase the privacy and security for the abutting yard space. However, a fence of the existing height is out of scale with the residential environment and would create an expanse of tall fencing along both Park Avenue North and North 3rd Street. The fence creates a "walled" appearance which is detrimental to the character of the neighborhood. Additionally, it appears that the fence is within the "clear vision areas" at the corner of Park Avenue North and North 3rd Street and at the corner of North 3rd Street and Park Place North; the fence within the "clear vision areas" is significantly higher than the allowable 42 inch height. The applicant would be able to achieve enclosure of the yards and separation from the public streets with a fence constructed to the Code requirements of 4 feet in height along the front yard (Park Avenue North) and the side yard abutting a street (North 3rd Street) and stepping the fence down to 42 inches within the "clear vision areas". FENCE LOCATION (Check ALL applicable boxes) ® Front yard ® Side yard along a street ® Rear yard along a street ® 'Clear vision area FENCE DESIGN (Which of the following measures has been employed?): ® Permanent landscaping ® Quality fence materials ❑ Modulation of fence ❑ Similar to design and material of surrounding fences ❑ Increased setbacks from sidewalks ❑ Ornamental materials or construction City of Renton Department of nunity & Economic Development inistrative Special Fence Permit Badlssy Special Fence Permit LUA11-058, SF DATE OF PERMIT: July 27, 2011 Page 3 of 4 EVALUATION CRITERIA (Do the measures checked above satisfy the following objectives?): Evaluation Criteria Achieved Not Achieved Improves privacy ® ❑ In scale with neighborhood ❑ Limits blank wails along walkway ❑ Aesthetically pleasing ❑ Does not create a traffic hazard ❑ Because the fence is out of scale with the neighborhood, lacks modulation, creates a 5 -foot, 6 inch to 5 -foot, 11 inch high "wall" along the abutting streets, sets a precedent for consideration of other similar fences in the area, and creates a potential traffic hazard in that the "clear vision areas" have fences that exceed the allowed 42 -inches within the clear vision area, the Special Fence Permit is: ❑ Approved ❑ Approved with conditions ® Denied Therefore, the existing fence must be removed or lowered to the allowed heights indicated on Exhibit 4 by August 10, 2011. DATE OF DECISION ON LAND USE ACTION: SIGNATURE: C.E. "Chip" Vincent, Planning Director Planning Division z+- i i Date RECONSIDERATION: Within 14 days of the decision date, any party may request that the decision be reopened by the decision -maker. The decision -maker may modify his decision if material evidence not readily discoverable prior to the original decision is found or if he finds there was misrepresentation of fact. After review of the reconsideration request, if the decision -maker finds sufficient evidence to amend the original decision, there will be no further extension of the appeal period. Any person wishing to take further action must file a formal appeal within the 14 -day appeal time frame. City of Renton Department o) munity & Economic Development iinistrative Special Fence Permit Badlssy Special Fence Permit LUA11-058, SF DATE OF PERMIT. July 27, 2011 Page 4 of 4 APPEALS: Appeals must be filed with the City of Renton Hearing Examiner by 5:00 p.m. on August 9, 2011. Appeals must be filed in writing, together with the required fee to the City of Renton Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057. City of Renton Municipal Code Section 4-8-110 governs appeals to the Hearing Examiner. Additional information regarding the appeal process may be obtained from the Renton City Clerk's Office, (425) 430-6510. Exhibits: 1. Aerial Photo 2. Zoning Map (Sheet F4, W'/:) 3. Site Plan 4. Allowable Fence Heights 'r•.f,�,`;� ate`:` CN CD 41 ca �a Ln r . • ,cn� diAN,.I r�- �77, Zvi _T ' i E�. ,�� j ter I i,! '_ 4 11 II. 1- _�• r_ I7 1�[ratri �. 1 afa 3f '�iY �,� IPPY� p r a.. �� ��_� . f •1 �n - I ''! � *,il r 9�. il`I. �,�I � t, j: �E" r •.;y1�7 1 r, _ q„'�3�� � - _ _?- i Vii' '�r.�•b� 1 .` �i p fb �� . . li 1 .� ',.r�� .I� L r, t�• 1!� �)ll�� ,yA===���7A!!!` SciU �-- ,,vile. - _ • ` !- C � . Y� r! '1--� � .j M� a '4 a ,+�.�.� will r.y •.h `,il Irv' �. ;.. t ' idL' i� it i� _3fa>n3t .l.r l �� ��..I . • � ammm Zvi v a r k �'i,' i e Lt' io, elk Jh Le Ir IL E4 - 08 T23N R5E W 1/2 nfi� Ma=,m MUCAl IC41 A I 1 11 R-8 R -A rR-8 0 1p R-10 CA CA 7 -8 R-8 R-10 R- CN CN EXHIBIT 2 R- N Bmch a NJMM —T--1 -10 R-1 R-1 41R-1CA CA CA Tow st 'JtA vo CD 'C,4 _-� j N �'D € �j RM -U RM -u C4 W.( Co C4 RM -U TL - COL. eD -4ILI CD, COR co CD CD 00 CD R `CD m CD, CA co CD CD C? co CD R-8 RC co CD -co CD CD CD R. Wa. '... m) i I --- - - — AM --- ---- ... CD R R-8, RC RAj-U RM" U • CD R co CA ZONING MAP BOOK G4 - 20 T23N R5E W 1/2 PW TECHNICAL SERVICES F4 PRINTED ON 11/13/09 0 200 400 17 T23N R5E W 1/2 Feet 1:4.800 R-8 CA R- N Bmch a NJMM —T--1 -10 R-1 R-1 41R-1CA CA CA Tow st 'JtA vo CD 'C,4 _-� j N �'D € �j RM -U RM -u C4 W.( Co C4 RM -U TL - COL. eD -4ILI CD, COR co CD CD 00 CD R `CD m CD, CA co CD CD C? co CD R-8 RC co CD -co CD CD CD R. Wa. '... m) i I --- - - — AM --- ---- ... CD R R-8, RC RAj-U RM" U • CD R co CA ZONING MAP BOOK G4 - 20 T23N R5E W 1/2 PW TECHNICAL SERVICES F4 PRINTED ON 11/13/09 0 200 400 17 T23N R5E W 1/2 Feet 1:4.800 L 9 5</ N. 3"°' Sf 42. AwAk,. EXHIBIT 3 PROPOSED FENCE 95.00 — — — — — — — — — — — — — — — — — — — — — — — — 25.3 2 CA c� -0 a 73 4.7V, HOUSE /3.3 0 --d o c 0 SHED/ 14 CH440 95.00 J cp 40.4 Ln Ln HOUSE cn 5.9' 13 —V—►34.ZZZZ- -1Z �- 6 :'GRAVEL RAVEL DRIVEO.,..; 95.00 o o [3 [3 - 0 EXISTING FENCE VSHED 95.00 — — — — — — — — — — — — — — — — — — — — — — — — 25.3 2 CA c� -0 a 73 4.7V, HOUSE /3.3 0 --d o c 0 SHED/ 14 CH440 95.00 J cp 40.4 Ln Ln HOUSE cn 5.9' 13 —V—►34.ZZZZ- -1Z �- 6 :'GRAVEL RAVEL DRIVEO.,..; 95.00 o o [3 [3 - 0 EXISTING FENCE F r -M AA - op At. 70' Sf OUSE rn j f -42.4 > — — — — — — —95.00— — ._...• — — - f —- cn ti 25.3 > cr) 4 .2 c\j IA, CC) HOUSE 0 'N - 3.3 o n 00 0 c C7 (n a ct) HED/ iv 1-534 0440 95.00 - - - - - - - - - - kJol 10 1-14Z 7 6. 2, ",GRAVEL DRIVE'.* 95.00 EXISTING FENCE 1448 00 4a,, cit Y � /SHED > — — — — — — —95.00— — ._...• — — - f —- cn ti 25.3 > cr) 4 .2 c\j IA, CC) HOUSE 0 'N - 3.3 o n 00 0 c C7 (n a ct) HED/ iv 1-534 0440 95.00 - - - - - - - - - - kJol 10 1-14Z 7 6. 2, ",GRAVEL DRIVE'.* 95.00 EXISTING FENCE 1448 00 4a,, EXHIBIT 4 cit Y � EXHIBIT 4 •:1 ::. ;r.ru. n� rw-Tv.v wrP r :n rnr:an: DEVELOPMENT REGULATIONS FOR RESIDENTIAL FENCES., WALLS,, & HEDGES City of Renton Planning Division 1055 South Grady Way, Renton, WA 98057 Phone: 425-430-7200 Fax: 425-430-7231 This handout has been prepared by the Renton Planning Division to inform you of the City regulations that control the height of fences, walls, and hedges in residential lots. These provisions have been developed in order to promote public safety and aesthetically pleasing neighborhoods. This handout is intended to graphically illustrate these provisions. Fences may be constructed anywhere on your property within the height limits shown in this handout. They cannot be constructed on any City right-of-way. If you are'unsure as to where your property line is, you should contact a surveying/engineering company for surveying information. The City does not require homeowners to apply for building permits for residential fences, hedges, or most walls. Retaining walls' do require a building permit if they are over four feet (4') in height. Property owners are responsible for removing or brining into compliance hedges, walls, and fences not complying with these regulations. A'special review process is required only if you desire to construct a fence greater than forty- eight inches (48") within the front yard setback (and side yard setback for corner lots). Please see Special Fence Submittal Requirements for more information about this process. MAXIMUM HEIGHT OF FENCES FOR CORNER AND INTERIOR RESIDENTIAL LOTS: $1de yE along s 95' (TYI REQUIREMENTS FOR CORNER LOTS: t yard Typical) Corner lots require a clear vision area for visibility and safety reasons. This is defined as the area bounded by the street property lines of corner lots and a line adjoining points along said street lines twenty feet (20') from their point of intersection. Within this area, the maximum height allowed for a fence, wall, or hedge is forty two inches •(42") HAFormsk?Janninglfenceregs.doc 08/07 CITY OF RENTON DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT MEMORANDUM Date: March 7, 2012 To: City Clerk's Office From: Stacy M Tucker Subject: Land Use File Closeout Please complete the following information to facilitate project closeout and indexing by the City Clerk's Office. Project Name: Badissy Special Fence Permit LUA (file) Number: LUA-11-058, SF Cross -References: AKA's: Project Manager: Gerald Wasser Acceptance Date: July 27, 2012 Applicant: Zine Badissy Owner: Same as applicant Contact: Dale Johnson PID Number: 7224000280 ERC Decision Date: ERC Appeal Date: Administrative Denial: July 27, 2011 Appeal Period lends: August 10, 2011 Public Hearing Date: Date Appealed to HEX: By Whom: HEX Decision: Date: Date Appealed to Council: By Whom: Council Decision: Date: Mylar Recording Number: Project Description: Application requesting an Administrative Special Fence Permit for an existing fence (which was recently constructed without a Special Fence Permit) with a maximum height of 5 feet, 11 inches within the front yard and side yard along a street of a 4,750 sq. ft. lot in the Commercial Neighborhood CN zone. Location: 240 Park Avenue N Comments: " 1 February 28, 2012 CITY OF AENTON RECEIVED MAR 0 6 2012 Ref: Adminstrative Special Fence Permit BUILDING DIVISION City of Renton File # LUA11-058, SF ID # 7224000280 Dear Building Dept. I would like to come in for review in person regarding the denial of my appeal to this decision. Since the fence was erected late May of last year, violent incidents have increased substantially. Each of my properties at 240, 248 & 250 Park Ave. N. have been struck with bullets and in one case a beer bottle broke a kitchen window while being observed by the Renton police. My tenants were ordered back into their home and the perpetrator was allowed to leave. Those tenants have since left for fear of their family's safety including their five year old child. The new tenants and tenants at the adjoining property fear for their safety. Please see Renton Reporter article dated Jan. 27`h (City targets bar's liquor license). Had a gate been in place the bullet mentioned would have been at least slowed down before striking the house only inches from the living room window. Two nights ago my tenants report that people were fighting and waving automatic weapons in front of the opening where the gate should be. Moments later there was a large police response. These incidents are well documented with the Renton police as noted in the newspaper article. The city has responsibility for the safety and protection of it's citizens. As property owner I have responsibilities and moral obligations for the safety and protection of my tenants. Current tenants want to contact the media and the Mayor's office in frustration. I request an in person discussion with the appropriate decision makers at the earliest possible date. Prior appeal documents on file with your office include detailed plans, survey and photos. I would like to replace these three houses by a nicer building to improve the image of the new Renton but the dangerous situation from across the street bar does not allow it because no buyer or tenant will agree to leave in fear. Please feel free to contact me at your convenience, hereafter is my contact: Zine Badissy PQ Box 2063 Redmond, WA 98073-2063 425-765-5390 Thank you for your conside PS. I was out of town and just returned and herd the city's phone message. I ZZ2 C) August 7,2011 Ref. Administrative Special Fence Permit File # LUAI 1-058, SF ID #7224000280 City of Renton Planning Division �AA4j o AUG I n 2411 DE b HEMMED We hereby request extension for re-evaluation and proposed changes to this application. Page 1, Paragraph 1. 1. Propose to reduce or eliminate plantings that would encroach on city property. Planting plan submitted because we thought it was a city requirement. Note: City trees along sidewalks on Park Ave. N and N. 3rd St already. Page 2. Paragraph 1, 2. Clear vision area. 42" maximum height. There is no vision obstruction due to eastbound traffic only allowed on N 3rd St. Note: Kitty corner across the intersection of Park Ave. N, & N. 3rd St is a three story apartment building adjacent to the sidewalk that obscures vision of eastbound traffic on N. 3rd St when southbound on Park Ave. N. Lowering the fence in this location will have no impact on vision. Page 3. Evaluation Criteria: 1. In scale with neighborhood: Fence on Park Ave. N. adjacent to this property is built of same material and design but is 6" to 12" taller then our fence as demonstrated by pictures provided with original application. Several other fences along Park Ave. are of similar height. The fence we look out at across the Trophy Bar parking lot is of similar height. (Note: it is on an alley but we look at it from Park Ave. N. 2. The City of Renton has a chain link fence adjacent to the sidewalk and 6' tall on Park Ave. N. and N. 1-2 Aves. Limits blank walls along walkway: It limits view of the run down house at 250 Park Ave. N. Many neighbors have commented that it looks so much better. Aesthetically pleasing: Better than looking at rundown house. Does not reate a traffic hazard: No traffic hazard. No vision obstruction. See above. There have been two more shootings directly across from our houses since we applied for this special permit. Safety is the primary issue. The police have parked several times now in my driveway so they can watch Trophy's Bar. The fence helps obstruct view of their police car. We are concerned that the black Labrador retriever could bite someone who may put their hand over a four foot fence. We got the dog per Renton police recommendation after break ins and people coming on property to sell drugs, defecate, urinate and open sex solicitations and acts on our properties. We are constantly picking up trash in our yard. Since taller fence has been there they leave it on the street side. We pick it up several times a week. With a shorter fence I assume they will likely just drop it on our side. City response refers to this as a commercial zone. This commercial zone has many variations of fences and buildings, often adjacent to the sidewalk with no setbacks and up to three or more stories tall. To reduce fence height to 48" will require removing all 442 fence boards and nails and all 2x4 top horizontal bars. Lowering top horizontal bars and re -cutting all fence boards. Propose trimming fence to height of top horizontal bar. Due to undulating ground surface height while maintaining a straight flush top of fence, fence height would vary from 4'5" to 4'l I". Average I guess at about 4' 8-9". This would reduce fence height and save a tremendous amount of work. We did not intentionally violate the building code. We built a fence common to our adjoining neighbors fence except ours is shorter. Also propose putting a 3" — 4" face plate at top exterior of fence and fence post caps to improve appearance. Fence will be preservative treated to maintain bright cedar wood color. Request opportunity to appeal in person and work with city on a compromise solution. We are trying to clean up the neighborhood. Since applying for this exception, we have removed the falling down structure at 250'/2 Park Ave. N and re -roofed the house at 248 Park Ave.N. and garages at both 240 & 248 Park Ave. N. Grass has constantly been mowed on outside of fence. Before we moved in it was often unkept by previous tenants. If city wants planting outside of fence we will provde them and maintain them, if not, leave as is. Please work with us to maintain our safety without rebuilding the whole fence. Request trimming to top bar as noted above. Thank you, Dale Johnson 240 Park Ave. N. Renton, WA, 98057 425-306-8688 For Zine Baddisy, property owner and for the tenants at 248 Park Ave N. DEPARTMENT OF CC MUNITY�i �, C`t'of'� AND ECONOMIC DEVELOPMENT'S ��.1 rt�[�1J_I. PLANNING DIVISION ADMINISTRATIVE SPECIAL FENCE PERMIT EVALUATION FORM & DECISION DATE OF PERMIT ISSUANCE: LAND USE ACTION FILE NO.: PROJECT NAME: PROJECT MANAGER: OWNER: APPLICANT (if other than owner): PROJECT LOCATION: KING COUNTY ASSESSOR'S PROPERTY IDENTIFICATION NUMBER: July 27, 2011 LUA11-058, SF Badissy Special Fence Permit Gerald C. Wasser, Associate Planner Zine Badissy PO Box 1434 Renton, WA 98057 Dale Johnson 240 Park Avenu North Renton, WA 98057 250 Park Avenue North (Exhibit 1) 7224000280 DATE PROJECT DESCRIPTION & ANALYSIS: The applicant is requesting the approval of an Administrative Special Fence Permit for an existing fence (which was recently constructed without a Special Fence Permit) with a maximum height of 5 feet, 11 inches within the front yard and the side yard along a street of a 4,750 square foot lot in the Commercial Neighborhood (CN) zone (Exhibit 2). The side yard fence along North 3`d Street appears to be on the north property line. The front yard fence along Park Avenue North appears to be very close to the west property line. The applicant is proposing to install landscaping on the street sides of the fence consisting of Weigela florida, Cistus (Rock Rose), Ceanothus thyisflorus, Fatsia japonica, and Mahonia media. Because the fence along North 3rd Street is on the property line, proposed landscaping would be in the public right-of-way. The front yard fence (along Park Avenue North) extends approximately 3S feet northward from the south property line and then angles to the northeast to connect with the side yard along a street fence (along North 3rd Street). The fence along North 3`d Street extends eastward along the north property line for approximately 72 feet and then angles to the southeast to connect with the rear yard fence along Park Place North (Exhibit 3). Fence materials consist of solid cedar panels and posts with a gate on the Park Avenue North frontage consisting of the same DEPARTMENT OF CG...MUNITY ' �� City of'. ,r AND ECONOMIC DEVELOPMENT T' PLANNING DIVISION ADMINISTRATIVE SPECIAL FENCE PERMIT EVALUATION FORM & DECISION DATE OF PERMIT ISSUANCE: LAND USE ACTION FILE NO.: PROJECT NAME: PROJECT MANAGER: OWNER: APPLICANT (if other than owner): PROJECT LOCATION: KING COUNTY ASSESSOR'S PROPERTY IDENTIFICATION NUMBER: July 27, 2011 LUA11-058, SF Badissy Special Fence Permit Gerald C. Wasser, Associate Planner Zine Badissy PO Box 1434 Renton, WA 48057 Dale Johnson 240 Park Avenu North Renton, WA 98057 250 Park Avenue North (Exhibit 1) 7224000280 PROJECT DESCRIPTION & ANALYSIS: The applicant is requesting the approval of an Administrative Special Fence Permit for an existing fence (which was recently constructed without a Special Fence Permit) with a maximum height of 5 feet, 11 inches within the front yard and the side yard along a street of a 4,750 square foot lot in the Commercial Neighborhood (CN) zone (Exhibit 2). The side yard fence along North 3rd Street appears to be on the north property line. The front yard fence along Park Avenue North appears to be very close to the west property line. The applicant is proposing to install landscaping on the street sides of the fence consisting of Weigela florida, Cistus (Rock Rose), Ceanothus thyisflorus, Fatsia japonica, and Mahonia media. Because the fence along North 3rd Street is on the property line, proposed landscaping would be in the public right-of-way. The front yard fence (along Park Avenue North) extends approximately 35 feet northward from the south property line and then angles to the northeast to connect with the side yard along a street fence (along North 3rd Street). The fence along North 3rd Street extends eastward along the north property line for approximately 72 feet and then angles to the southeast to connect with the rear yard fence along Park Place North (Exhibit 3). Fence materials consist of solid cedar panels and posts with a gate on the Park Avenue North frontage consisting of the same City of Renton Department o, nmunity & Economic Development Jministrative Special Fence Permit Badissy Special Fence Permit r LUAII-OS8, SF DATE OF PERMIT: July 27, 2011 Page 2 of 4 materials. The finished face of the fence is oriented toward Park Avenue North and North Mrd Street. Renton Municipal Code (RMC 4-4-040D.1.a and c) allows a 4 -foot high (48 inch) fence in the front yard and side yard along a street (shown as blue-green on Exhibit 4) except for the clear vision area (shown as yellow on Exhibit 4) in which the fence may be a maximum of 42 inches. Fences located on other portions of the property may be 6 feet (72 inches) in height (shown as pink on Exhibit 4). Existing fences on the two lots south of the subject property were constructed at the same time (without a Special Fence Permit) and are simlar in height and composition. The granting of a Special Fence Permit for the subject property would increase the privacy and security for the abutting yard space. However, a fence of the existing height is out of scale with the residential environment and would create an expanse of tall fencing along both Park Avenue North and North 3rd Street. The fence creates a "walled" appearance which is detrimental to the character of the neighborhood. Additionally, it appears that the fence is within the "clear vision areas" at the corner of Park Avenue North and North 3rd Street and at the corner of North 3rd Street and Park Place North; the fence within the "clear vision areas" is significantly higher than the allowable 42 inch height. The applicant would be able to achieve enclosure of the yards and separation from the public streets with a fence constructed to the Code requirements of 4 feet in height along the front yard (Park Avenue North) and the side yard abutting a street (North 3rd Street) and stepping the fence down to 42 inches within the "clear vision areas". FENCE LOCATION (Check ALL applicable boxes) ® Front yard ® Side yard along a street ® Rear yard along a street ® 'Clear vision area FENCE DESIGN (Which of the following measures has been employed?): ® Permanent landscaping ® Quality fence materials ❑ Modulation of fence ❑ Similar to design and material of surrounding fences ❑ Increased setbacks from sidewalks ❑ Ornamental materials or construction City of Renton Department o, nmanity & Economic Development .iministrative Special Fence Permit 8adissy Special Fence Permit LUA11-058, SF DATE OF PERMIT: July 27, 2011 Page 3 of 4 EVALUATION CRITERIA (Do the measures checked above satisfy the following objectives?): Evaluation Criteria Achieved Not Achieved Improves privacy ® ❑ In scale with neighborhood ❑ Limits blank walls along walkway ❑ Aesthetically pleasing ❑ Does not create a traffic hazard ❑ Because the fence is out of scale with the neighborhood, lacks modulation, creates a S -foot, 6 inch to 5 -foot, 11 inch high "wall" along the abutting streets, sets a precedent for consideration of other similar fences in the area, and creates a potential traffic hazard in that the "clear vision areas" have fences that exceed the allowed 42 -inches within the clear vision area, the Special Fence Permit is: ❑ Approved ❑ Approved with conditions ® Denied Therefore, the existing fence must be removed or lowered to the allowed heights indicated on Exhibit 4 by August 10, 2011. DATE OF DECISION ON LAND USE ACTION: SIGNATURE: C.E. "Chip" Vincent, Planning Director Planning Division z� li Date RECONSIDERATION: Within 14 days of the decision date, any party may request that the decision be reopened by the decision -maker. The decision -maker may modify his decision if material evidence not readily discoverable prior to the original decision is found or if he finds there was misrepresentation of fact. After review of the reconsideration request, if the decision -maker finds sufficient evidence to amend the original decision, there will be no further extension of the appeal period. Any person wishing to take further action must file a formal appeal within the 14 -day appeal time frame. City of Renton Department o, nmunity & Economic Development Iministrative Special Fence Permit Badissy Special Fence Permit LUA11-058, SF DATE OF PERMIT: July 27, 2011 Page 4 of 4 APPEALS: Appeals must be filed with the City of Renton Hearing Examiner by 5:00 p.m. on August 9, 2011. Appeals must be filed in writing, together with the required fee to the City of Renton Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057. City of Renton Municipal Code Section 4-8-110 governs appeals to the Hearing Examiner. Additional information regarding the appeal process may be obtained from the Renton City Clerk's Office, (425) 430-6510. Exhibits: 1. Aerial Photo 2. Zoning Map (Sheet F4, W %) 3. Site Plan 4. Allowable Fence Heights EXHYBIT 1 LL Lq coC M U. co M W to 4 a z 0 z w a T r H C O fl Lq N co LO O n m r 0 TP2 z ( w o m O 'r. FE2Aoki. 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CD R� PA -r RM -U S -8 RM -U 1 y� sams �Y Rm-ul CD Rm-u CO R -E � R-8 R-8 CD 4o I !, rA A 8 ZONING MAP BOOK G4 - 20 T23N R5E W 112 PW TECHNICAL SERVICES PRINTED ON 11/13/09 *.!L [ R[nNcnplMrNlwY �wi Y. M[I InNrrwYn wwYNI NdlM dm rMun n+a..o..�w�e.ewnnaWr wrn�„�, u 0 200 400 r � }� � 1� Feet EXHIBIT 2 eA W No.s R"8 CA [ R-8 R -a � R-8 N e�mo s b CA COR RC RC N d � y R"8 i b maE F4 17 T23N R5E W 112 5317 ZONING MAP BOOK 74W 92 4993455 14594 4 :f B1 B2 B3 B6_ 26 T24N R4E 25 T24N R4Ew 30 T24N R5E a9 T24N R5 28 T24N R5E 27 724N R5E,-2%E 81 94W455W 457. 458 T - 460 ' ~ 464 �I 1 C2 C3 ,C& 35 T24N R4 _ 3g T24N R4E 31 T24N R5E :. T24N T 4N R5E 306307 %,8 • 01 D 1 D2 D3 D4 D 5, D=IT - T23[J R4E 1 23N R4F �1 . 6 T23N R5E 6123N R6E — 1 1?3N 11 11 3 123N R5F 1 T23N ROE 1 31.7 - 319 369.. 805 ; 1! E2 E4 E5 L 1 WNE 12 T23N RAE 1 ill I,T29N RK 1 T93_N R5E_ .__._. 9123N R5E1 I10 72JN E 1 _ t._ 326 .327 - - - R28 370 -. 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G4 G5�T23N MEI R4 R4E 20 T23N R5E 21 T?.3N 1i1I3T23 �:22 T23N R5E 23 T23N 2 44 ' # 600;`! ice: 601 602 11 -! 820 821 H2 H3 H4 H5 T23N R4E H 7 2S T23N R4E 30 'T23N R5E 29 T23N RSE 18 T23N RbE 35 - +------ — -- 5E 26 T23N R5E,., 25 1_- ` P ._ . 825 i �0 � 1' 603 6 4 i , 605 y1 - ------ � ,- _826 j 8 I1 112 1 ,� �`' II _ 14 I I17 i 3N E 36 T23N R4E 31 T23 R5E 3¢"T23N PEE 33 1:13N t 134 123N_R5E 35 T23N R5E 36 3P6 607 608 609 610 1 632 833 13---j- 2JJ J6 f22N R4E 1 T22N R4E '- � 7 ruin i TSN fT5E 5 T22�i FE 4 •$E 3 T22N RSE 2 T22N R5E 1 T211 RESIDENTIAL MIXED USE CENTERS INDUSTRIAL Rc (RC) Resource Conservation cv (CV) Center village F74 (IL) Industrial - Light R -i (R-1) Residential 1 du/ac PE hi (UC -N 1) Urban Center - North 1 EM (IM) Industrial - Medium a- (R-4) Residential du/ac (UC -N2) Urban Center - North 2 t (IH) Industrial - Heavy 7R -7u (R-8) Residential 8 du/ac cc (CD) Center Downtown RMII (RMH) Residential Manufactured Homes R -_F (R-10) Residential 10 du/ac COMMERCIAL FR_- (R-14) Residential 14 du/ac ----- Renton City lAmite RM -r (RM -F) Residential Multi -Family coR {COR) Commerclal/Office/Residentlal -..... Adjacent City Liraite Fp-m---T] (RM -T] Residential Multi -Family Traditional cA (CA) Commercial Arterial FR 1-4 (RM -U) Residentlal Multi -Family Urban Center co (CO) Commercial Office KROLL PAGE cN I(CN) Commerclal Neighborhood PAGE# INDEX lab tlorumwl b a rl a:arin�r Ilnlallon� net �Iarh,tlNC yy r:e'a3c di i�ramoll�,ow�deP:ri: o�m.'aol. Mo.n ThII moo 1 1, 1 fpr algi0r pYrG Mir SFR/T04MN7NUYGE Af, Yd EXHIBIT 3 • • , . • , , ' L ,Ar • ` ,' If .. 95 D PROPOSED FENCE f. n� �o •z D SHED `I !� 95.00 ` p 25.3 r— 10 , = !7. u r _ N HOUSE L4, -c Z LL o a -� m _� -�, o a a 1 iv33.4 3 v u LL SHED .,.�'. OR 0< to 1, ap cp 40.4 Ln 4k- HOUSE9 � C City o v 34.5 A�ann�n n.�`dn • .GRAVEL DRIVE",-,"' 95.00 --C) ❑-❑----❑❑❑ ❑ EXISTING FENCE 95NCE i cr3 • 42.3 �rn HOUSE rn SHE 42.4 .,.,I. ` 95.00 A al:' 25.3 o r o r�; D O W �^ T N HOUSE W3.3 m O ,n v � 1I . rn Z ° SHED i 33.4 3 u u LL M ' 95. 0 __-•-_____–___–_–__-- • 0 40.4 Ln HOUSE 5.9 ' CP Citi, o `/ co d? � Ld ❑ — � 34.5 :GRAVEL DRIVES 95,00 [3 C] 13 EXISTING FENCE -4$ „ 4;;c, EXHIBIT 4 DEVELOPMENT REGULATIONS FOR RESIDENTIAL FENCES. WALLS., & HEDGES City of Renton Planning Division 1055 South Grady Way, Renton, WA 98057 Phone: 425-430-7200 Fax: 425-430-7231 This handout has been prepared by the Renton Planning Division to inform you of the City regulations that control the height of fences, walls, and hedges in residential lots. These provisions have been developed in order to promote public safety and aesthetically pleasing neighborhoods. This handout is intended to graphically illustrate these provisions. Fences may be constructed anywhere on your property within the height limits shown in this handout. They cannot be constructed on any City right-of-way. If you are unsure as to where your property line is, you should contact a surveyinglengineering company for surveying information. The City does not require homeowners to apply for building permits for residential fences, hedges, or most walls. Retaining walls do require a building permit if they are over four feet (4') in height. Property owners are responsible for removing or brining into compliance hedges, walls, and fences not complying with these regulations. A special review process is required only if you desire to construct a fence greater than forty- eight Inches (48") within the front yard setback (and side yard setback for comer lots). Please see Special Fence Submittal Requirements for more information about this process. MAXIMUM HEIGHT OF FENCES FOR CORNER AND INTERIOR RESIDENTIAL LOTS: Side ys along s 15' Jyj REQUIREMENTS FOR CORNER LOTS: t yard Typical) Comer lots require a Gear vision area for visibility and safety reasons. This is defined as the area bounded by the street property lines of comer lots and a line adjoining points along said street lines twenty feet (20') from their point of intersection. Within this area, the maximum height allowed for a fence, wall, or hedge is forty two Inches (42"). H.-TormsTlanninglrenceregs.doc 08/07 25.3 WTO �" �/n cu 10 0 CA En ca m 0 -rl N :2 cc HOUSE L4 u 14 33 0 co a CD w 3.4 3: U 03 lo� 95.00 40.4 01 Ln NJ . HOUSE: 5.9 Ln 13 3 4.5 L L A, IA. I.:, A. .A I ,,GRAVEL DRIVE" 95.00 •C3 C3 [3 - [3 [3 o imafe TEXISTING FENCE D 442 /SHE ki. ED •Al, 4�- CD cit . for, D r_NCE "I . ,• �; — . _ a r 42.3tQ I: �. HOUSE CD 5HE , 4 .4 IN _ _ ` 0 25.3 -7A © Q CA '^ 7 m p , IT'! I >- • tT+ c� HOUSE w L �gf. . Z 3.3 ° a a °a ,(t i rn Fri to (A v � SHED 1 33.4 41 0<310 ------ 95.001' a 40.4 4 ol rV„` I Ln 1. , HOUSE 5.9 cit oiff7 .0 ; + to n ---- v 34.5 °"GRAVEL DRIVE 95.00 C3 2 EXISTING FENCE p 418 4a'' ,i CITY OF RENTON P., DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT MEMORANDUM DATE: July 14, 2011 TO: Jerry FROM: Stacy SUBJECT: New Land Use Routing/Application Acceptance Please complete the following information to facilitate routing of green folders and application acceptance. If you have special form requirements or instructions, please write them in the "Comments" section. Project Name: Badissy Special Fence Permit ,Project Manager: Jerry Wasser Reviewer: �LUA (File) Number: LUA11-058, SF Applicant: Dale Johnson !Submittal Date: July 8, 2011 cceptance/Circulationments Due: Date: Com Project Description: Enter directly into Permits Plus. I 4 Site sq. ft. Area: acre(s) Bldg. Area (Gross) Existing: sq. ft. Proposed: acre(s) Project Location: Other Permits �Req'd: Studies/ Reports Req'd: iPubiic Approvals: f Land Use/Zoning: I IDev. Regs (RMC Sections): I Tentative ERC Date: Tentative HEX Date: Categories: O Single -Family 0 School/UtilitiesRublic Project 0 Church/Daycare r 0 Commercial 0 Industrial 0 Multi -Family 0 Wireless IDOT Notification Required: 0 NOA only 0 TIA Boeing Notification: C1 YES !School Letter: 0 Renton / 0 Issaquah / 0 Kent Airport Notification: 0 YES Send Lake & Stream Study to 0 YES Muckleshoot Tribe: Comments: SPECIAL FENCE PERMIT APPLICATION 1. Property Address: .IL" if 1 % CITY OF RENTONPiar" of. .ento n Planning Division g"ltlision 1055 South Grady Way, Renton "�98057 Phone: (425) 430-7200 8 purl www.rentonwa ALL REQUESTED ITEMS MUST BE P IN ORDER TO PROCESS THIS APPLICATION 2. Tax Assessor Number- i 722 `fe;-o-• a:zS.S" 3. Property Owner: Phone: Yt�- &D't u -n Mailing Address: I`(3 ` City/State:-g.P Jti 4,Jk Zip: -?Nc. 4. Contact Person: i),a L-T04-cv&% I Daytime Phone: 412.5 -3 0'6- 1?6&9 Mailing Address: 2(0 /'mak ,4vz a,% City/State: /Qe_,�o�t Zip: , eCK, 5. Maximum Height of Proposed Fence: S 1/ 6 Type of Material to be Used for Fence: % x6ace-&v; .022&c4 -t- r6w7�W A ifs 7. Distance from Proposed Fence to Property Line: 8. Project Value: 9. Describe Landscaping to be Installed: 0(2 � L tarcwa QICt`G.— I, the undersigned, declare under penalty of perjury under the laws of the State of Washington, that to the best of my knowledge the above information is true, correct, and complete and that the applicable requirements of the City of Renton will be met. I understand that this application is valid for six months from the application date. If a permit is not issued during this time period, the application will become void. This application does not constitute a permit to work. Work is not to commence until the building permit is posted on premises where work is to be performed. Certification is hereby rendered that no work is to be done except as described, and that all work shall conform to the applicable codes. Work in public rights-of-way and/or utility easements are not authorized under this application. 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SUNDrAY•JULY 31.2011 247 PNKAVE N. • REHTOK WA F E A T U R I N G P E R F O R M A N C OE JESSE .TAMES 113. MENAC�� RANO TNT -SMILEY O. j TREY BLACK 1 Y WE FAM I MONJAE I PLY BOYZ I TPE HOSTED BY mm �RIw S� aw rN■ TURN TABLES LINK SPECIAL'S 9PM TILL 11PM » &*VER 15 PATRONS • $5 HENNESSEY WIID FOOD SERVED ALL NIGHT 4%- Fence height exception application 240, 248 & 250 Park Ave N Renton, WA 98057 Dale Johnson for Zine Badissy (owner) 425-306-8688 Reasons Safety/Security All three houses have been hit multiple times with bullets. 4 yr old child at 248. Parents very concerned about his safety. They want a taller fence. Ref. Renton Sex Offenders http://www.citV-data.com/so/so-Renton-Washington.htin] Police recommended a dog. Have a black lab. Tall. Higher fence safer for all. Trash. Some very disgusting. Lots of vomit. Caught someone defecating in the yard. Not that a shorter fence wouldn't stop that, but a picture of the environment. A taller fence might help reduce the noise. Very loud music and many fights and yelling. 240 has been broke into twice. Reports on file with RPD. Surrounding area & aesthetics Next door neighbor's fence (same design) is 6-8" taller than ours Several other tall fences along Park Ave. Large buildings abut directly with the sidewalk. 3rd Ave N. traffic is Eastward only. No traffic obstructions for turning traffic. Fence is high of quality in material and craftsmanship. To be preservative treated to retain bright wood color. Landscaping to satisfy the city to be provided. My son who lives with me and works for a top rated home remodeling company worked for a long time with an arborist and is literally a walking encyclopedia of plants. l know it will be very nice. He's very fussy about his work. Just come look closely at the fence. We want to improve the neighborhood. We've had dozens of compliments on the fence and haven't heard one word against it. Everyone seems to be rooting for us to keep it. Property Owner insisted we build a 6' fence. It's actually about 5'6"-5'9" as it was trimmed. Just trying to improve things. Houses will soon be painted. Applying for permit to tear down the garage at 250 now. Landscaping in yards in progress. driveways graveled, new roof on one garage and one more and one house to a]1 be done soon. The police liked the fence. Talk to them a lot with all the activity going on. They've had us turn off our security lights at night before when they were using our yards for stakeout. We all would feel so much safer. Really! City Of Piannin Rentor 9 Division c Voss S f` 7L 'e,174:5> /,M-2.5, 0 ---7 r I fQe_7 /x Fro,e, o U r1 j Printed: 07-08-2011 Payment Made: CITY OF RENTON 1055 S. Grady Way Renton, WA 98055 Land Use Actions RECEIPT Permit#: LUA11-058 07/08/2011 04:51 PM Total Payment: 103.00 Current Payment Made to the Following Items: Receipt Number: Payee: DALE I. JOHNSON Trans Account Code Description Amount ------ 3080 ------------------ 503.000000.004.322 ------------------------------ ---------------- Technology Fee 3.00 5021 000.000000.007.345 Temp Use, Hobbyk, Fence 100.00 Payments made for this receipt Trans Method Description Amount ---------- -------- --------------------------- --------------- Payment Check #1095 103.00 Account Balances Trans Account Code Description 3021 303.000000.020.345 Park Mitigation Fee 3080 503.000000.004.322 Technology Fee 3954 650.000000.000.237 Special Deposits 5006 000.000000.007.345 Annexation Fees 5007 000.000000.011.345 Appeals/Waivers 5008 000.000000.007.345 Binding Site/Short Plat 5009 000.000000.007.345 Conditional Use Fees 5010 000.000000.007.345 Environmental Review 5011 000.000000.007.345 Prelim/Tentative Plat 5012 000.000000.007.345 Final Plat 5013 000.000000.007.345 PUD 5014 000.000000.007.345 Grading & Filling Fees 5015 000.000000.007.345 Lot Line Adjustment 5016 000.000000.007.345 Mobile Home Parks 5017 000.000000.007.345 Rezone 5016 000.000000.007.345 Routine Vegetation Mgmt 5019 000.000000.007.345 Shoreline Subst Dev 5020 000.000000.007.345 Site Plan Approval 5021 000.000000.007.345 Temp Use, Hobbyk, Fence 5022 000.000000.007.345 Variance Fees 5024 000.000000.007.345 Conditional Approval Fee 5036 000.000000.007.345 Comprehensive Plan Amend 5909 000.000000.002.341 Hooklets/EIS/Copies 5941 000.000000.007.341 Maps (Taxable) 5998 000.000000.000.231 Tax Balance Due R1102629 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 100 C' � .00 +}J Of Plan Renton a o n'�g Division . . .00 JU - .00 'loll .00 0 oR oe A ,•95.00/PROPOSED FENCE r P o 'I 0 p `� 0 r. ♦ O •r a 46 • � 4 ?\ ❑ Al APPROX 443.5 K MID 97 ! r 20 0 10 3 20 .. 40 •;r /SHE � 'i �• . 71 95.00 1> CL— �, ` • o Q 25.3 > ' 10>/U3 HOUSE 0M ❑ rpt 3.3 z M. rn SHED '' , ' a lip —95.00 ,.�., .�... __. ; j " ..... �. ..__ ....� ..w. _... 0 40.4 � ❑ ;I, ' ;. -,; �� -P❑:I- HOUSE 5.9 X01 Cn I 013 ❑ .. �', ' . , a SHED '=GRAVEL DRIVEw'►..e'�►.♦•�►.-r•/` r•k , �95�. • !' ..... „_..rte -rte .00 v ❑ ° ° ° EXISTING FENCE I ',,�• .' i H2HO07 NOTES ALL CENTERLINES, LOT LINES, AND BOUNDARY LINES WERE DETERMINED BY MONUMENT CASE LOCATION ONLY AND ARE APPROXIMATE REPRESENTATIONS BASIS OF BEARING ASSUMED NORTH INSTRUMENT & PRECISION LEICA TCR 405 TOTAL STATION WITH A TRIMBLE 4700 GPS RECEIVER (VRS) TRAVERSE EXCEEDS 1:20,000 CLOSURE 0 Gv]OG34C�] G FLAP HIC S.0 ALE � e'er v-ter j .r-�-�-�I inch = , ft. V. THE NW 1/4 OF THE OF THE NW 1/4t SECTION 17, TOWNSHIP 23,,RANGE 05, I.M., KINQ COUNTY, WA RECORDER'S CERTIFICATE Filed for record this day of ,20 at M. in Book of Surveys at page at the request of N/A COUNTY AUDITOR, RECORDS DIVISION N/A County Auditor Deputy Recorder SURVEYOR'S CERTIFICATE This map correctly represents a survey made 'by me or under my direction in conformance with the requirements of the Survey Recording Act at the -request of N/A in 20 N/A "All N 19" N1 MC pEIMDG�05� 20 0 10 3 20 .. 40 71 � e'er v-ter j .r-�-�-�I inch = , ft. V. THE NW 1/4 OF THE OF THE NW 1/4t SECTION 17, TOWNSHIP 23,,RANGE 05, I.M., KINQ COUNTY, WA RECORDER'S CERTIFICATE Filed for record this day of ,20 at M. in Book of Surveys at page at the request of N/A COUNTY AUDITOR, RECORDS DIVISION N/A County Auditor Deputy Recorder SURVEYOR'S CERTIFICATE This map correctly represents a survey made 'by me or under my direction in conformance with the requirements of the Survey Recording Act at the -request of N/A in 20 N/A "All N 19" N1 MC pEIMDG�05�