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00-106099 r f CITY OF • CITY HALL 33530 1st Way South (253) 661-4000 PO Box 9718 Federal Way, WA 98063-9718 January 9, 2001 Mr. Sergey Tkachuk Fi E28404 228th Avenue SE Maple Valley, WA 98038-510.5 Re: File#00-106099-00-AD; LAND SURFACE MODIFICATION REQUEST 28103 28th Avenue South; King County Tax Parcel#231240-0020 Dear Mr. Tkachuk: This letter responds to your letter regarding for Land Surface Modification received on December 19, 2000. In your letter,you request approval for grading of a vacant lot(King County Tax Parcel#231240- 0020)north of your residential lot(King County Tax Parcel#231240-0030) in order to"smooth out the slope"and balance the vacant lot prior to issuance of a building permit for the residential lot. The City of Federal Way defines Land Surface Modification(LSM)as the clearing or removal of trees, shrubs,groundcover,and other vegetation and all grading, excavation and filling activitiest.LSMs are regulated under Federal Way City Code(FWCC)Division 7.Pursuant to FWCC Section 22-1093,LSM activities are permitted outright if at least one of the referenced criteria is met. Your letter states that the proposal meets criteria FWCC Section 22-1093(8)2 because,"...the slope is dangerous to build a house or do anything underneath the slope because it could sly-off at any time." I have reviewed the request and visited the site. I believe that the proposal does not meet the above referenced criteria to be permitted outright by the Director of Community Development Services. The slopes are covered in grasses,have been stable for an extended period, and do not pose imminent threat unless they are disturbed. I believe your situation does meet the decisional criteria of FWCC Section 22-1094(c)(3)(a),and as such, can be reviewed under Process III procedures. Process III is an administrative review process with a decision issued by the Director of Community Development Services. To apply for a LSM permit for the vacant lot,the following information as contained in FWCC Section 22-1094(b)must be submitted: FWCC Section 22-1 Definitions 2 This is for actions that must be undertaken immediately,or within a time too short to allow for compliance with the permit requirements of Section 22-1094,to avoid an imminent threat to public health or safety;to prevent an imminent danger to public or private property;or to prevent an imminent threat of serious environmental degradation. 4 N Mr. Sergey Tkachuk Page 2 January 9, 2001 (1) A completed Master Land Use Application. (2) A recent survey of the subject property prepared by a surveyor licensed in the State of Washington. (3) A map showing the limits of the proposed LSM,the location of utilities, easements,right- of-way improvements,and any area regulated under Section 22-12213 et seq.that is on or within 400 feet of any:area to be disturbed by the proposed LSM. (4) A tree retention filart;,; (5) An erosion control/constructionhase stormwater control plan. (6) A soils report prepared by a qualified professional engineer licensed in the State of Washington,which contains sufficient information to determine the potential impacts of the proposed LSM, as well as proposed measures to reduce or eliminate these impacts,all. as determined by the City. (7) Process III filing fee of$1,439.00. (8) Stamped addressed legal size mailing envelopes with the names,addresses, and parcel numbers of all property owners within 300 feet of the subject site.4 (9) A list of property owner names and addresses within 300 feet of the subject site.5 (10) A letter that states how you believe the proposed LSM meets the decisional criteria of FWCC Section 22-1094(c) 1 through 3. Process III applications are typically reviewed and approved within 120 days.Once an LSM application is submitted,the City will determine if the application is complete and that all of the required information has been received. If complete,the City will send you a letter that states that your application is complete, and that the 120-day review timeline has begun. All property owners within 300 feet of the subject site are notified of the LSM application and given opportunity to comment. Please be advised that environmental review will be required if more than 500 cubic yards of soils are moved or Environmentally Sensitive Areas are disturbed. Additional fees will be required with environmental review. As you are aware,both the above referenced lots were impacted by grading activities performed in conjunction with installation of a manufactured home. The building permit for the manufactured home was revoked and a notice of violation required you to restore the site to its original condition. To aid in site restoration,the required survey, site map, and soils report must include both lots. The soils report must also address cleanup and restoration of the stream/drainage course. Following submittal of your letter,you asked about the content of the geotechnical report. In addition to the items outlined above,the geotechnical report should address two items specifically.First,the report must address soil-bearing capacity of the lot upon which you are going to request approval for installation of a mobile home. Second,the report must address stabilization measures on the northern vacant lot by developing a grading,erosion control,and restoration plan. I would be happy to meet with you and your engineer to discuss report contents at any time. 3 FWCC Section 22-1221 refers to Environmentally Sensitive Areas,specifically regulated slopes,wellheads,major streams, minor streams,regulated lakes,and wetlands. 4 Refer to the enclosed handout,"Obtaining Mailing Labels." 5 Refer to the enclosed handout,"Obtaining Mailing Labels." Doc.1.D.13186 Mr. Sergey Tkachuk Page 3 January 9, 2001 A single building permit can be requested to address installation of the manufactured home and grading of the northerly lot. The building permit will be issued with the condition that the site cleanup and restoration must be completed before the new home will be permitted to be occupied. I can be reached at 253-661-4103 if you have any questions about this letter or your LSM request. Sincerely, bOA Deb Barker Associate Planner enc: Master Land Use Application FWCC Division 7 Obtaining Mailing Labels Construction Permit Application FWCC Section 22-1221 c: Mary Kate Gaviglio,Building Official Joan Bennie,Assistant Building Official Martin Nordby,Code Compliance Officer File Doc.ID.13186 ooloogq - mr.40ei M1 r RECEIVED BY DEC 19 2000 RE: Request for land surface modification exemption as allowed by 22-1093 (8) Dear Kathy McClung, My name is Sergey Tkachuk, I am writing this letter concerning the property at 28103 28th Ave S. Federal Way(the property where Nielsen tried to build the house). In 1998 I attempted to put a manufactured home on my land, located at 28107 28th Ave S. and while I was doing that, I unintentionally did couple of violations. One of those violations occurred when I was doing the grading on my property and cut a slope which exceeded at 50%. After that my building permit was revoked, and everything stopped for a few years. Now I am trying to get another building permit, and in order for me to get it, I have to do something about that slope. At first my only option was to build a retaining wall to hold the land on that slope. But then I found out who the owner of the other property is, and in July of the year 2000, I purchased the other property. So now it's very simple, I want to smooth out the slope from the other property and everything would balance out just fine. But the problem is,the code (sec 22-1093) says that no work can be permitted on the vacant lot, until the building permit is issued. But the section 8 of the same code states"Is for action which must be undertaken immediately, or within a time too short to allow for compliance with the permit requirements of section 22-1094,to avoid an imminent threat to public health of safety;to prevent an imminent danger to public or private property; or to prevent an imminent threat of serious environmental degradation. This determination will be made by the director of community development;" The slope has been stable for two years, because of the weeds and roots are holding things together,but it is a dangerous to build a house or do anything underneath the slope,because it could sly-off at any time. The gravel that I want to remove from the slope, is not an original environment. It's a fill,which the previous owner of the property dumped out there. Removing it from there will not cause any damage to the original soil. All I want to do is, make it the same as it was before Ms.Nielsen decided to build a house. So I am asking for approval to let me do the grading on the second lot so I can get my building permit reissued, and build a house on the first lot. If I did not explained everything well,and if you have any questions you can always contact me at 253-945-6061 or you can call Martin Nordby at 253-661-4121,he is a code compliance officer, he knows everything about this issue. Thank you for taking your time to read this letter, I wish you a merry Christmas, and happy New Year. THANK YOU • VL N V61/ / L i r 1. � r \ ) 1 / 1 / 41 i 1 / - 4, it t I It f / l i SI i I / lj .11) I ` enNt °` f f j `y l -., 1 : v./ / iiii N -ti // h %., t u 1 r / , / 7 : \1%- 0 isi t , y� <*/ h 1 1 / 4 'r 13� f Q' _ / / ,,,,i;Npe,^,,,,,..„,„& I �" 44' if ,7 \.),.klic - \'"- f ;� 7 ./j �• r a1 iI ?,. ! 1 • II Ali .( cry I r fit.- �' / Q J ''- J // 'j, Y 7 Y 1 r Ir i i 1 / i b + tr .. . }k m � . � �-� . . . ...... ..,,. „ - SITE ,,....11;,;S:4%.*. R E C F.:. \./EL.:fp f. 1 '' tlf. lijp ' '" i:.0 CNO DEPT. ! 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