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BLD20100278 Plan Review Comments #1.pdf CE ITY OF DMONDS PLANREVIEWCOMMENTS PLANNINGDIVISION 425.771.0220 DATE: April 28, 2010 TO: Ted Clark fiveedmonds@me.com FROM: Kernen Lien, Associate Planner RE: Plan Check BLD20100278 New fence/Outdoor Seating for Five Restaurant/Bistro at 650 Edmonds On behalf of the Planning Division, I have reviewed the above building permit application. During review of the subject submittal, it was found that the following information, corrections, or clarifications need to be addressed. Please respond to the following items, so that I can complete my review: Fence height 1.: Pursuant to ECDC 17.30.000.A, the height of a fence is measured from the top of the fence to the lowest original grade. ECDC 17.30.000.C further states that unless a variance is first obtained, no fence shall be more than six feet in height as measured from the top of the fence to the lowest original grade. The fence that was constructed behind Five Restaurant/Bistro was constructed on top of recently poured concrete, the top of which is approximately one foot over original grade. Unless a variance is applied, the fence cannot be more than six feet as measured from the old asphalt that the new concrete was poured upon. Please either reduce the height of the fence to no more than six feet over original grade or apply for a variance. Outdoor Seating 2.: The subject property is zoned Neighborhood Business (BN) and outdoor dining is a permitted secondary use for outdoor seating that is not more than 10 percent of the existing interior seating or eights seats, which ever is greater according to ECDC 17.75.010. The Five Restaurant/Bistro has occupancy of 98 seats indoors. The area enclosed by the new fence provides enough area for an additional 65 seats, which is well above the 10 percent or eights seats allowed for a permitted secondary use. Pursuant to ECDC 17.75.020, outdoor dining in excess of 10 percent or eights may be permitted through the conditional use process in the BN zone. Please find the attached handout on the Conditional Use Process. Please submit an application for a conditional use permit for the proposed outdoor dining. Please make all submittals to a Development Services Permit Coordinator, Monday through Friday, 8:00 am 4:30 pm. If you have any questions, feel free to contact me at 425.771.0220 ext 1223.