CITY OF MERCER ISLAND
DEVELOPMENT SERVICES GROUP
9611 SE 36TH STREET | MERCER ISLAND, WA 98040
PHONE: 206.275.7605 | www.mercergov.org
Inspection Requests: Online: www.MyBuildingPermits.com VM: 206.275.7730
APPLICATION FOR FENCE HEIGHT DEVIATION
A Fence Height Deviation is the means by which property owners may construct a fence and/or gate
higher than 42 inches, up to 72 inches, within 20 feet of a public or private street or vehicular easement
for “R” residentially zoned property (see page 2 for definition of street). The decision will be made
following mailing of a public notice to residents within 300’ of the property and posting at the site. The
applicants are responsible for posting at the site with a City furnished sign in a location that is visible to
the public right of way.
A variance application and approval is required for a fence and/or gate to exceed 72 inches in height.
PRE-APPLICATION
Applicants are encouraged to and sometimes required to participate in informal meetings with City
staff. Call Development Services Staff to schedule a pre-application meeting. Meetings with the staff
provide an opportunity to discuss the proposal in concept terms, identify the applicable City
requirements and the project review process. Meetings or correspondence with the neighborhood
serve the purpose of informing the neighborhood of the project proposal prior to the formal notice
provided by the City.
APPLICATION MATERIALS
All applications and materials for projects to the City shall be submitted electronically through the FTP
website and shall be the forms provided by the Development Services Group. An application and
materials shall contain all information required by the applicable development regulations, and shall
include the following information:
1.
2.
3.
4.
Completed Development Application Form
A verified statement by the applicant that the subject property is in the exclusive ownership of
the applicant, or that the applicant has submitted the application with the consent of all owners
of the property.
A site plan, drawn to scale, with the following items:
a.
Legal description of the site and parcel number
b.
Vicinity map
c.
Subject parcel’s exact dimensions and location of all existing structures, driveways,
landscaping (including trees), adjoining streets, and all easements as well as the location of
the proposed fence/gate.
Any trees that are near the proposed fence/gate need to indicate driplines.
d.
Elevation drawings, drawn to scale, showing the size, height, and construction of the
proposed fence/gate in relation to the existing and finished grade(s).
e.
A typical scale is 1” = 20’.
A narrative from the applicant as to why they need a maximum 72 inch fence/gate.
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5.
6.
7.
8.
9.
Photographs of the existing site and neighborhood conditions.
A complete criteria response, as seen on page 3.
A site survey may be required.
If the purposed location of the fence/gate is within 20 feet of two streets (includes corner lots and
lots abutting a public and private street) a traffic visibility survey done by a traffic engineer may
be required.
Filing fee: see Development and Construction Permit Fee Schedule for fees.
DETERMINATION OF COMPLETENESS
An application is not accepted by the City for submission unless the application has been determined
to be complete. If upon review, the City determines that the application information provided is
incomplete, within twenty-eight (28) days after receiving a permit application the City shall mail or
personally provide a written determination to the applicant stating the inadequacies of the application.
If the applicant fails to provide the required information within ninety (90) days of the notification of
incompleteness, the application shall lapse. The applicant may request a refund of the application fee
minus the City’s cost of determining the completeness of the application.
MERCER ISLAND CITY CODE REFERENCES
FENCES
MERCER ISLAND CITY CODE, SECTION 19.02.050
Fences are allowed to a maximum height of 72 inches within the required yards; except, fences are
limited to a maximum height of 42 inches within that portion of any required yard which lies within 20
feet of the right-of-way of any street or other motor vehicle easement appurtenant to the lot upon
which the fence is located.
To read the Mercer Island City Code regarding Fences and Retaining Wall/Rockeries, please see:
Mercer Island City Code, Section 19.02.050.
DEFINITION OF STREET
MERCER ISLAND CITY CODE, SECTION 16.16.010- Definitions “Street”
Street: An improved or unimproved public or private right-of-way or easement which affords or could
be capable of affording vehicular access to property.
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CRITERIA FOR APPROVAL OF A FENCE HEIGHT DEVIATION
MICC Section 19.15.020
Your answers to the following questions will be used in the decision on your application. Please respond
fully to all of the following questions (attach extra sheets, if necessary). It is the applicant's
responsibility to demonstrate to the Code Official that all four of the deviation criteria are satisfied for
the requested fence height.
a.
Will the deviation result in a change in use? (For example is the lot going to change from a singlefamily residence to a restaurant.)
b.
Will the deviation be detrimental to the public welfare, or injurious to the property or
improvements surrounding the property? (Within 300-500 feet of the site.)
c.
Will the proposed plans for the fence and/or gate not alter the character of the neighborhood,
and impair the appropriate use or development of adjacent properties? Please include
illustrations and/ or photos.
d.
Does the proposed date and/or fence meet the requirements and goals in the comprehensive
plan and the development code? The comprehensive plan states:
“Goal 1: Ensure that single family and multi-family neighborhoods provide safe and attractive
living environments, and are compatible in quality, design and intensity with surrounding land
uses, traffic patterns, public facilities and sensitive environmental features.” (Comprehensive
Plan, Housing: Neighborhood Quality, page 51:197.)
Application for a deviation involves substantial time, expense, and risk for a property owner.
Application does not guarantee approval. Request must meet difficult criteria, and applicants are
proceeding “at their own risk”.
Signature of Property Owner
Date
Site Address
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