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DEPARTMENT OF COMMUNITY
AND ECONOMIC DEVELOPMENT
D_501 Newport Special Fence Permit_v3 (002)
PLANNING DIVISION
ADMINISTRATIVE SPECIAL FENCE PERMIT
EVALUATION FORM & DECISION
DATE OF DECISION: September 8, 2021
PROJECT NUMBER: LUA21-000278, SF
PROJECT NAME: 501 Newport Special Fence
PROJECT MANAGER: Brittany Gillia, Assistant Planner
OWNERS: Phal Bophiny and Tran John 501 Newport Ave SE, Renton WA 98058
PROJECT LOCATION: 501 Newport Ave SE
PARCEL NUMBER: 5126900120
PROJECT DESCRIPTION: The applicant is requesting approval of a Special Fence Permit to maintain an
existing 6-foot tall cedar fence within the front yard and secondary front yard of the property located at 501
Newport Ave SE (APN 5126900120) as a response to open code violation CODE20-000556 (Exhibit 2). The 10,056
square foot property is located within the R-4 zone and is developed with one single-family house. The applicant
is proposing permanent landscaping along SE 5th St and Newport Ave SE consisting of thirty five (35) Arborvitaes
and eleven (11) shrubs that will either be Rhododendrons or Hydrangeas (Exhibit 3). The privacy fence was
constructed utilizing cedar dog eared panel fencing with 4x4 posts and caps and would prevent pets from
jumping over and out of the yard (Exhibit 4). A corner of the fence measuring approximately 3 square feet is
constructed in the Right of Way. The applicant has submitted the request for an exemption from the clear vision
area standards as defined in RMC4-11-030 due to the distance between the curved property line and the
installed curb in the Right of Way.
ANALYSIS: The applicant’s justification for an increased height allowance is to increase safety and to prevent
pets from being able to jump over the fence. The applicant contends that the fence is similar to other fences in
the surrounding neighborhood and that it matches the existing six-foot (6’) cedar fence installed at the property
lines shared with the neighbors. According to the submitted materials it appears the applicant planted
Arborvitaes to function as a hedge between the fence and the street (Exhibit 4), however per RMC4-4-040.D.3.e,
planting of a hedge or plantings that will grow to become a hedge are prohibited to be within the required
landscaping area between the property line and fence. Therefore, staff recommends as a condition of approval
that the applicant submits an updated landscape plan showing the removal of as many Arborvitae trees as
necessary to have the remaining Arborvitae spaced no less than six feet (6’) apart on center to function as
individual shrubs in the landscaping area instead of eventually becoming a single hedge. Alternatively, the
applicant may replace the Arborvitae with a shrub that will not grow into a hedge. Any proposed changes will
require review of an updated landscape plan that shall be coordinated with the Current Planning Project
Manager prior to landscape installation.
DocuSign Envelope ID: DCA05F3C-AAAF-4B5E-9A7B-4047006BCFA7
City of Renton Department of Community & Economic Development Administrative Special Fence Permit
501 Newport Special Fence LUA21-000278, SF
Permit Date: September 8, 2021 Page 2 of 4
D_501 Newport Special Fence Permit_v3 (002)
According to staff analysis of Exhibit 3, the width of the landscaped area between the fence and the property
line varies from 11’4” to 0’ where it extends past the property line and becomes a right-of-way (ROW)
encroachment, rather than the standard 8’ that is required for fence height exceptions for side yards along a
street as found in RMC4-4-040D.3.e. The proposed landscaping consisting of Arborvitae, Rhododendrons, and
Hydrangeas (Exhibit 5) does not meet the minimum landscape coverage ratios as required by code therefore
staff recommends as a condition of approval that the applicant shall install additional landscaping within the
property boundaries to meet the minimum landscaping standards as defined in RMC4-4-040 and RMC4-4-070.
This includes, but is not limited to, eighteen (18) ground cover pots per five (5) linear feet of landscaping strip as
well as eight (8) low shrubs per five (5) linear feet, installed in a triangular pattern with even spacing. To
maintain visibility in the clear vision area, all landscaping proposed in the ROW between the property boundary
and the sidewalk shall be limited to groundcover plants only. The applicant shall schedule a final inspection no
later than six (6) months from the date of this decision (March 8, 2022) with the Current Planning Project
Manager to verify compliance with the minimum landscaping standards.
The applicant is requesting an exemption from the clear vision area standards for the 2’3” sides of the corner
(approx. 3.2 sq ft) of the fence that protrudes into the clear vision area (Exhibits 3 &4) and the ROW. Further
analysis shows that the encroachment does not protrude into the clear vision area as stated by the applicant,
however, a 3 square foot portion of the fence is confirmed to be located in the ROW as shown on the Record of
Survey (Exhibit 6). The encroachment into the right-of-way shall be remedied and therefore staff recommends
as a condition of approval that the applicant remove all portions of the fence that are currently within the Right
of Way. The section of ROW abutting the fence must not have any trees or shrubs installed therefore staff
recommends as a condition of approval that the applicant shall only install groundcover The applicant shall
schedule a final inspection with the Current Planning Project Manager upon completion of all conditions to
assess the landscaping and the removal of the fence within the right-of-way no later than March 8, 2022.
If all conditions of approval are met, City staff agrees with the applicant's justification for the increased height
and concurs that the proposed fence will strike an appropriate balance between preserving private space and
protecting the safety and aesthetics of the neighborhood. Therefore, staff recommends approval with
conditions of this Special Fence Permit request as submitted.
FENCE LOCATION: ☒ Clear Vision Area
☒ Front Yard
☐ Rear Yard
☐ Rear Yard along a Street
☐ Side Yard
☒ Side Yard along a Street
FENCE DESIGN: ☒ Permanent Landscaping along the Front of the Fence
☐ Quality Fence Materials
☐ Modulation of Fence
☒ Similar to Design & Material of Surrounding Fence
☒ Increased Setbacks from Sidewalks
☐ Ornamental Materials or Construction Treatment
DocuSign Envelope ID: DCA05F3C-AAAF-4B5E-9A7B-4047006BCFA7
City of Renton Department of Community & Economic Development Administrative Special Fence Permit
501 Newport Special Fence LUA21-000278, SF
Permit Date: September 8, 2021 Page 3 of 4
D_501 Newport Special Fence Permit_v3 (002)
☒ Orientation of the Finished Face of the Fence toward the Street
EVALUATION CRITERIA: Achieved if Conditions of Approval are Met
a. The proposed fence improves the privacy and security of the adjoining yard space.
b. The proposed fence does not detract from the quality of the residential environment by being out of
scale or creating vast blank walls along public roadways.
c. The proposed fence compliments the environment it serves in an aesthetically pleasing manner.
d. The proposed fence does not present a hazard to vehicular or pedestrian traffic.
DECISION: The Special Fence Permit is hereby Approved with Conditions*
and subject to the following conditions:
*CONDITIONS OF APPROVAL:
1. The applicant shall submit an updated landscape plan showing the removal of as many Arborvitae trees
as necessary to have the remaining Arborvitae spaced no less than six feet (6’) apart on center to
function as individual shrubs in the landscaping area instead of eventually becoming a single hedge.
Alternatively, the applicant may replace the Arborvitae with a shrub that will not grow into a hedge. Any
proposed changes will require review of an updated landscape plan that shall be coordinated with the
Current Planning project manager prior to landscape installation.
2. The applicant shall install additional drought tolerant, non-invasive shrubs and ground cover to meet the
minimum landscaping standards as defined in RMC4-4-040 and RMC4-4-070 which includes, but is not
limited to the following. A ratio of eighteen (18) ground cover plants per five (5) linear feet of
landscaping strip shall be installed. Ground cover plantings shall be a minimum of four inch (4”) pot size.
Mulch must be confined to areas underneath plants and is not a substitute for ground cover plants.
Shrubs shall be installed at a ratio of eight (8) low shrubs per five (5) linear feet. Up to fifty percent (50%)
of the shrubs may be deciduous. Mature size for low shrubs must be under three feet (3') tall. Minimum
size at planting: one or two (2) gallon pot or balled and burlapped equivalent. Medium shrubs may be
installed in place of required low shrubs. One medium shrub shall count as two (2) low shrubs. Mature
size from three feet (3') to six feet (6') tall. Minimum size at planting: two (2) or three (3) gallon pot or
balled and burlapped equivalent. All landscaping proposed in the ROW between the property boundary
and the sidewalk shall be limited to groundcover plants only. An updated landscape plan shall be
reviewed and approved by the Current Planning project manager prior to plant installation.
3. The applicant shall remove all portions of the fence that are currently within the Right of Way. The
applicant shall schedule a final inspection with the Current Planning Project Manager upon completion
of all conditions to assess the landscaping and the removal of the fence within the right-of-way no later
than March 8, 2022.
SIGNATURE & DATE OF DECISION:
Vanessa Dolbee, Planning Director Date
DocuSign Envelope ID: DCA05F3C-AAAF-4B5E-9A7B-4047006BCFA7
9/8/2021 | 2:42 PM PDT
City of Renton Department of Community & Economic Development Administrative Special Fence Permit
501 Newport Special Fence LUA21-000278, SF
Permit Date: September 8, 2021 Page 4 of 4
D_501 Newport Special Fence Permit_v3 (002)
ADVISORY NOTE: The applicant should contact the Utility Notification Center, by dialing 800-424-5555, to
determine the location of underground utilities (telephone, streetlights, cable, electric), which may be located
behind the sidewalk.
APPEAL: This administrative land use decision will become final if not appealed in writing to the Hearing
Examiner on or before 5:00 PM on September 22, 2021. An appeal of the decision must be filed within the 14-
day appeal period (RCW 43.21.C.075(3); WAC 197-11-680). Due to the ongoing state of emergency enacted by
Governor’s Proclamation 20-05, the City Clerk’s Office is working remotely. For that reason, appeals must be
submitted electronically to the City Clerk at cityclerk@rentonwa.gov or delivered to City Hall 1st floor Lobby Hub
only on Tuesdays and/or Wednesdays. The appeal fee, normally due at the time an appeal is submitted, will be
collected at a future date if your appeal is submitted electronically. Appeals to the Hearing Examiner are
governed by RMC 4-8-110 and additional information regarding the appeal process may be obtained from the
City Clerk’s Office, cityclerk@rentonwa.gov.
RECONSIDERATION: Within 14 days of the decision date, any party may request that the decision be reopened
by the approval body. The approval body 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 approval body 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.
DocuSign Envelope ID: DCA05F3C-AAAF-4B5E-9A7B-4047006BCFA7
CITY OF RENTON
DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT
ADMINISTRATIVE SPECIAL FENCE PERMIT DECISION
EXHIBITS
Project Name:
501 Newport Special Fence
Land Use File Number:
LUA21-000278, SF
Date of Report
September 8, 2021
Staff Contact
Brittany Gillia
Assistant Planner
Project Contact/Applicant
Thy Nun, Angkor Landscape
501 Newport Ave SE, Renton WA 98058
4th Ave S, Algona, WA 98001
Project Location
501 Newport Ave SE
The following exhibits are included with the Administrative Special Fence Permit:
Exhibit 1: Administrative Decision
Exhibit 2: CODE20-000556 Warning of Violation
Exhibit 3: Site Plan and Elevations
Exhibit 4: Justification
Exhibit 5: Photos of the Existing Fence
Exhibit 6: Record of Survey, prepared by James D. Crones dated May 11, 2021
DocuSign Envelope ID: DCA05F3C-AAAF-4B5E-9A7B-4047006BCFA7