Hi I am having this issues with my city over a boundary fence. I live on a corner lot and I built a fence around our property. Eventually I was contacted by code enforcement. Long story short is that our fence is being put under restraints (max height of 42") because the city says that the fence is on the front of our house. In actuality the fence is not going across the front of our house at all, and our address is for the other street on the corner we live on. I live in Everett, WA just trying to see if I have any ability to get the city to recognize our address as the front of our house. Our house was built in 1950 so I would have to imagine that this issue has been brought up before now.
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Discrepancy between address and what the City recognizes as the front.
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not2cleverRed
Obvious Observer
You are incorrect.
When you are on a corner lot, the codes regarding fence heights applies to both sides that face the street. You essentially have 2 front yards.
quincy
Senior Member
Here is a link to Everett, Washington’s city fence standards:
https://everettwa.gov/DocumentCenter/View/731/Fence-Handout-PDF
From the link: “Fences on a corner lot in a zone that requires a front and/or side setback shall not exceed 3’ in height when within 15’ of the corner ... “ and illustrations follow.
https://everettwa.gov/DocumentCenter/View/731/Fence-Handout-PDF
From the link: “Fences on a corner lot in a zone that requires a front and/or side setback shall not exceed 3’ in height when within 15’ of the corner ... “ and illustrations follow.
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FlyingRon
Senior Member
You'll need a land use attorney. The "address" may not mean anything. I've had problems with two properties with similar issues.
One was a rather irregular shaped lot (roughly L shaped) and while I had 100' of frontage on the road that my address was on, the house sat turned sideways.at the bend in the L. (about 200' back from the road). I have in my files a determination from the county as to what is the "front" of my house as it pertains to setbacks. I learned more about variance plats, surveys, etc...just trying to turn my deck which was falling down into a screen porch.
The other was building my current house on what (I thought) was also a corner lot. A local ordinance says that the front door has to be parallel to the street (note that this could mean that your front door faces 180 degrees away from the street which for other reasons many houses here do). I suppose this was to keep people from shoving trailers into lots end-on. It also presumably avoids the above problem of houses that are set at odd angles to the street. I added a vestibule to the front of my house (actually, quite architecturally fitting) that turned my front door 90 degrees. Two years later when we were finalling the construction they said "where's the front door" and I point out my relocated door. "It faces the garage," they say. "It only needs to be parallel to the street according to the ordinance and you approved this design." "No problem, we'll call this other door your front door for ordinance purposes." "This door that you have to walk through the back yard, up a flight of steps, into a screen porch, out of a screen porch, across another deck, and then enter, is the front door? OK whatever floats your boat." A year later, they signed off on a neighbors house whose front door indeed faces (via a covered breezeway) his garage.
One was a rather irregular shaped lot (roughly L shaped) and while I had 100' of frontage on the road that my address was on, the house sat turned sideways.at the bend in the L. (about 200' back from the road). I have in my files a determination from the county as to what is the "front" of my house as it pertains to setbacks. I learned more about variance plats, surveys, etc...just trying to turn my deck which was falling down into a screen porch.
The other was building my current house on what (I thought) was also a corner lot. A local ordinance says that the front door has to be parallel to the street (note that this could mean that your front door faces 180 degrees away from the street which for other reasons many houses here do). I suppose this was to keep people from shoving trailers into lots end-on. It also presumably avoids the above problem of houses that are set at odd angles to the street. I added a vestibule to the front of my house (actually, quite architecturally fitting) that turned my front door 90 degrees. Two years later when we were finalling the construction they said "where's the front door" and I point out my relocated door. "It faces the garage," they say. "It only needs to be parallel to the street according to the ordinance and you approved this design." "No problem, we'll call this other door your front door for ordinance purposes." "This door that you have to walk through the back yard, up a flight of steps, into a screen porch, out of a screen porch, across another deck, and then enter, is the front door? OK whatever floats your boat." A year later, they signed off on a neighbors house whose front door indeed faces (via a covered breezeway) his garage.
Wow didn't think I'd get this many replies. Sorry I thought the "right of way" was the term for the visibility. No the fence does not really effect visibility around the corner.
I have read the fence standards, and my fence does not land in that 15' triangle that would regulate it down to 36". The triangle is from the street corner to 15' up each street; even though they told me on one side I have to be 25' from the corner and haven't given me a reason for that either, and I haven't seen anything about that in the 'fence handout'. Either way my fence doesn't land in that area. The main thing now is that they recognize the side street/ side yard as the frontage and that fence can only be 42" since it's the "font" of the house.
I have read the fence standards, and my fence does not land in that 15' triangle that would regulate it down to 36". The triangle is from the street corner to 15' up each street; even though they told me on one side I have to be 25' from the corner and haven't given me a reason for that either, and I haven't seen anything about that in the 'fence handout'. Either way my fence doesn't land in that area. The main thing now is that they recognize the side street/ side yard as the frontage and that fence can only be 42" since it's the "font" of the house.
LdiJ
Senior Member
It either does or it does not effect visibility. You saying "it does not really effect visibility" would tend to indicate that it effects visibility somewhat. Even somewhat is generally not acceptable. Your yard fronts two streets. That is the issue.
Zigner
Senior Member, Non-Attorney
This is a good point and bears a restatement. When a person thinks of their "front yard", they are thinking about the yard in front of their house. When the city thinks of a "front yard", they are thinking of the yard that fronts the street (i.e. is between the house and the street).
quincy
Senior Member
You can, as FlyingRon suggested, see an attorney in Everett for a personal review.
How long has your current fence been in place? Has it always exceeded the height requirements the city is now trying to enforce?
You could always seek a variance if the attorney who reviews the matter for you tells you the city has a legitimate complaint.
adjusterjack
Senior Member
"The city says"? Who, at the city, says it? How did that person say it? Orally at your house? In writing with a letter or citation? Did anything include any ordinance or code?
I would get that kind of stuff nailed down before getting excited over it.
The front of your house may not have anything to do with your address.
Check the original recorded plat of your subdivision. Might be some hints there.
You may have to apply for and pay for a variance to be allowed to keep the fence where it is.
It would help if you gave us a google map link to an aerial view of your property.
adjusterjack
Senior Member
Yeah, but how contacted? Did the officer walk up and say "Hey, your fence is wrong, yada, yada, yada" or did he hand over a piece of paper saying "Your fence is wrong because it doesn't comply with ordnance or code number yada, yada, yada."
That's what I'm trying to find out. And, if the latter, what ordinance or code numbers were cited?
And if the former I would certainly want to know the ordinance or code numbers so I can read them for myself.
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