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12-105500
CITY OF CITY HALL Federal Way Feder 8th Avenue South Federal Way,WA 98003-6325 (253)835-7000 www.cityoffederalway.corn August 13, 2013 Mr.Paul Snypp F I LE. 31606 45th Place SW Federal Way, WA 98023 Re: File#12-105500-00-SF; Response to July 22,2013,Letter Snypp Manufactured Home,37109 5th Avenue SW,Federal Way Dear Mr. Snypp: This letter is written in response to your letter of July 22, 2013.In your letter you indicate that Mayor Priest told you your permit would be issued in two weeks.This is not the case. The Mayor directed staff to take another look at the review comments associated with permit application 12-105500-SF to see if those comments were in fact the minimum necessary requirements to issue the permit.The Mayor told you that he would not compromise life safety, sanitation, or environmental protection.The Mayor directed staff to get back to you within two weeks. Staff subsequently re-confirmed that the original review comments represent the minimum corrections necessary to issue the current permit(12-105500-SF). My letter of June 21st accomplished the Mayor's direction.That letter represents the city's and the Mayor's official position on the status of your building permits. Please do not hesitate to contact me if you have any questions. I can be reached at 253-835-2643,or isaac.conlen@cityoffederalway.com. Sincerely, Isaac Conlen Planning Manager c: Patrick Doherty,Director,Community&Economic Development Doe.ID.63981 ` CITY OF CITY HALL 33325 8th Avenue South Federal Way Federal Way, WA 98003 6325 (253)835-7000 www.cityoffederalway.corn August 6,2014 Mr.Paul Snypp FILE 31606 45th Place SW Federal Way,WA 98023 Re: Review of the Record-Snypp Manufactured Home 37109 5th Avenue SW, Federal Way Dear Mr. Snypp: This letter is in response to your recent inquiry for me to review the record as it relates to the placement of a manufactured home at 37109 5th Avenue SW,Federal Way. Accordingly,I have reviewed all documents and correspondence currently within the city's possession as a part of the public record on this matter. After reviewing the record,it is my determination that the June 21,2013,letter from Planning Manager Isaac Conlen clearly states and sets forth the conditions upon which you must meet to place a manufactured home on the parcel located 37109 5th Avenue SW(please see enclosed letter). I therefore affirm the findings, conclusions, and conditions as set forth by the June 21, 2013,letter. In reviewing the file,it is noted that your permit request (#12-105500-00-SF) has expired.The permit request was filed on December 5, 2012,and did expire by code on June 5, 2013. I have concluded that because of the extensive history of the permit request,it shall remain valid for six more months.Therefore, #12-105500-00- SF will expire on February 6,2015, six months from the date of this letter.The department will not grant any more extensions for this permit application. It is my hope that by granting you another six months to complete your application,you will be issued a permit for the manufactured home to be located at 37109 5th Avenue SW, Federal Way. Sincerely, -4() Larry Frazier,AICP Interim Community Development Director Enclosure c' Case File ` CITY OF CITY HALL Federal Way 3332Feder 8th Avenue South Federal Way,WA 98003-6325 (253)835-7000 www.cityoffederalway.corn February 12,2015 �✓ Paul Snypp • 31606 45th Place SW Federal Way, WA 98023 RE: Permit#12-105500-00-SF;2ND REVIEW COMMENTS Snypp Manufactured Home,37109 5th Avenue SW,Federal Way Dear Mr. Snypp: City of Federal Way staff has reviewed your November 25,2014, resubmittal to the single-family building permit application for a proposed new manufactured home located at the above-referenced address.A review of the material you submitted indicates the following issues that must be addressed prior to approval. PLANNING DIVISION COMMENTS (Becky Chapin,253-835-2641,becky.chapin@cityoffederalway.com) You have indicated that half of SW 371' Street has been vacated.The city does not have any information to confirm this half street vacation. Please provide the court documents verifying the street has been vacated and is now part of your property. Without the street vacation in place, as depicted the driveway extends into the 5-foot side yard setback. Per Federal Way Revised Code(FWRC) 19.130.120,Driveways and parking areas, a driveway and/or parking pad, in a required front yard,may not exceed 20 feet in width and may not be closer than five feet to any side property line. Please revise the driveway or provide the necessary documents to verify the street vacation. CLOSING Please submit three(3)copies of requested plans with the enclosed resubmittal form.If you have any questions regarding this letter,please contact me at becky.chapin@cityoffederalway.com or 253-835- 2641. Sincerely, Becky Cha Associate Planner c: Scott Sproul,Assistant Building Official enc: Resubmittal Information Form Doc.I .67444 m t',.,E' ,•r 'r` t y r^l 'r''Tr _ �t' J. q q- r .::.. 'a t.Y;#Y r*-' 7-:$ 't ' ' �,',,t^_is su- - 7—'-F., f r*'ti1 or CO RiNI r a xe`t4 *' : a RE BM �1 lu33325 g*Avenue Federal Way,WA 98°03-6325; CITY F 253-835-2607; 253-835-2ff Federal Way , �►vw +.cih�u ed y I way.cori� ..... , ," ..,. CITY OF FEDERAL WAY` CDS ,, E UB I � INFORMATI i - ��,. ' This completed f MUST accompany alf t ittals " ' n sr Addi lorrn plansordocvments for antic t iHnotbe d unless monied by tifs + d form �resubmr s that do►notInc/ada form.or that $rotes thetntr offs be returned or'd . Youare encouraged i 'submit elf I in person and to co ct t%Penn it Counter�orty submittingrfyou are not ^�boa n of copies required.-**. I ANY C�ff4f TO Ml SMUSFBEtLOt i�rcaje Nur>nb' (k J - - 00 1 .. " ,. Pry Name: S1:7'P 3 Proieet �,,� 0c. AVM , yt„,p, . (753 a-64 -- ?-33 , ., -, 1 RESUBMITTED ITEMS: #of '" d rtption cr l j ON I iV j **Always submit the same number of cop >as requited foryourInitial application.** Resubmittel Requested by: Letter Dated: / / (5tatf Memuer) De.t/c ► 11 # D-- ,rZ a Buildi' .: 11'� ��ki*AI I/�' R �lt07 esi!r LION! 1 '",, s .+ � rir�� 1 , 1.d I�i811nir1! " _ /= Other r __ Bulletin#I29-January 1;20E 1 Page 1 of 1 rc:\BandoutecResubmittaf Information i • • • rii•":- - ' •s• • • ' ' 6w ,5-71 6-7. ;71:" Vct_ca.-1-,ex - 93 q4 9S qd 9'! 9 8 ;E . 4z PROP g• � -tt E 24 �... a\ ,..- - -::•',.- -,,,.: -..-,-;.,.,- 4. pr--,'4'.1 la • ` • t =r. > 16.1) .,,_; :. N' ' 0. -I- '‘ '',.::;:-- k .. ' . : :4* '- ''\.s. ik-'--.. -,,,_ - , ilia - - • +� 6 , \ • • .; . •• -,---tr:.--• -. .11... , , ox ;IIII\ t s'.. � t ,. - fi = \ \ ¢¢ $g J{\_... , . 1--.1j y e Yi l .i� � f d Z i.T F • - - f i 3�. ; E �l t0i , crr (� t'` . , 4 k • if*,,,, utf_ f�15 . a : Y gyp►.• Isfit\t ` : r::5-;).. :-- -'-:;,iii, iv . .if' 1 ' ) / . 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CITY of CITY HALL . 33325 8th Avenue South Federal Way Federal Way,WA 98003-6325 (253)835-7000 www.cityoffederalway..corn June 21, 2013 Mr. Paul Snypp C py 31606 45th Place SW Federal Way, WA 98023 Re: Meeting Follow Up Letter—Snypp Manufactured Home 37109 5th Avenue SW,Federal Way Dear Mr. Snypp: This letter is written as a follow-up to the meeting between Mayor Skip Priest,you, and me on or about June 13, 2013. You have asked that the city issue a building permit for a new manufactured home,based on a building permit application that you submitted to the city in February of 1993 (permit# BLD93-0205). Additionally, in December 2012 you applied for another permit for a new manufactured home on the same lot(permit#12-105500-SF). Below I will address the status of both permit applications. 1993 Building Permit Application (BLD93-0205) The city denied this permit application in a May 11, 1995, letter because, "the King County Health Department will not approve the permit application and there are no sewer facilities available at the site." You sought no remedy following this decision. You have indicated you believe the permit application to be valid and active(nearly 20 years later). The basis for your position, as I understand it, is: a)the city's permit tracking system did not clearly identify the permit application as denied; and b)the existence of a subsequent letter from the Building Official asking you to come and pick up your permit. I want to be very clear.The 1993 building permit application was denied and is considered expired by the city. I would acknowledge that the city may not have done a particularly good job documenting this(in that the permit tracking system was not properly updated and a confusing letter,which implied the permit was still alive). These errors;however,do not change the fact that you were notified the application was denied and that you chose not to seek any further remedy. 2012 Building Permit Application (12-105500-SF) You submitted building permit application 12-105500-SF on December 7, 2012. On January 17, 2013,the city sent you a review letter identifying additional information and corrections to the plans necessary in order to approve the permit(see enclosed). A number of items were requested,the most significant of which included: Mr. Snypp June 21,2013 Page 2 a) Provision of a King County Septic approval. b) Request to show street frontage improvements consisting of paving a 20-foot width along the frontage of the property. c) Requirement for the driveway to be spaced at least 25 feet from intersection of 5th Avenue SW and SW-370 Street. d) Requirement for construction of an approved fire apparatus access road with turnaround, or provision of an automatic sprinkler system in the proposed residence. e) Requirement for a Lot Line Elimination (LLE)to eliminate internal lot lines that the structure would encroach across. Following our meeting last week, I convened a meeting including each of the review personnel responsible for the content of the January 17th letter and asked them to evaluate if there was any lesser requirements that could be imposed.Upon reviewing the proposal and our earlier correspondence,each of the reviewers felt that the original comments were appropriate and necessary to ensure life, safety, and public health be maintained and to ensure consistent and equitable enforcement of the code. The issue of driveway spacing appears easy to solve by adjusting your proposed driveway location slightly south. The other issues can be resolved, although not without cost. In evaluating these requirements; however, it does not appear that the city's requests are unreasonable from a cost perspective.The frontage improvements should be in the$3,500—$6,000 range. The sprinkler system should be in the $2,000 price range. The fee for an LLE is $192.50. I do not have an estimate for design/ construction of a functional septic system, but the bottom line is that a septic system is a necessary expense of home construction. CLOSING To summarize,the 1993 building permit application is expired.The comments in the January 17, 2013, review letter are applicable and must be satisfied prior to building permit issuance.Please do not hesitate to contact me at 253 835 2643, or isaac.conlen@cityoffederalway.com, if you have any questions. Sincerely, f l saac Conlen VPlanning Mana er enc: January 17,2013,Review Letter c: Skip Priest,Mayor Patrick Doherty,Director of Community&Economic Development Ken Miller,Deputy Director of Public Works Peter Beckwith,City Attorney Scott Sproul,Assistant Building Official vin Peterson,Engineering Plans Reviewer "Kari Cimmer,Permit Supervisor Gordy Goodsell,South King Fire&Rescue i ` CITY OF CITY HALL Federal Way Feder 8th Avenue South Federal Way,WA 98003-6325 (253)835-7000 www.cityoffederalway.com 253-835-2561 March 20,2013 Paul Snypp 31606 45th Pl. SW Federal Way, WA 98023 Re: Claim for Damages#: 13-01-070-771 Date of Incident: 2/25/1993 Description: Refusal to issue 1993 building permit Dear Mr. Snypp: Ms. Proctor asked that I follow up with you on her letter to you dated March 4,2013,regarding the above matter, it appears there is confusion regarding what evidence the City needs in order to reconsider its denial of your claim. City records indicate that the building permit was denied in 1995. Unless you have documentation showing that the City's denial was rescinded,the City cannot reconsider its denial. A City decision, such as a denial of a building permit, must be appealed in a timely manner otherwise the decision is unreviewable. This applies even if the City's decision is in error. Chelan County v. Nykreim, 146 Wn.2d 904 (2002) (County's failure to timely appeal its own erroneous decision made the decision unreviewable.) Under the Land Use Petition Act,RCW 36.70C,a party has 21 days to appeal the denial of a building permit. The City has no record of such an appeal. At this point,evidence indicating that the King County Health Department should have approved the permit or that the permit should have been approved under State law is not a basis for reevaluating the denial of the permit. Sincerely, Peter Beckwith Assistant City Attorney cc: Tonia Proctor,Risk K:\RISK\claims\2013\snypp\follow-up denial It • CITY OF CITY HALL 3332r1 Federal Way Feder l Avenue South W Federal Way,WA 98003-6325 (253)835-7000 www.cityoffederalway.com 253-835-2561 March 20, 2013 Paul Snypp 31606 45th P1. SW Federal Way,WA 98023 Re: Claim for Damages#: 13-01-070-771 Date of Incident: 2/25/1993 Description: Refusal to issue 1993 building permit Dear Mr. Snypp: Attached please find two documents wherein the Health Department states that it denied your application. Sincerely, Tonia Proctor,ARM Lead Paralegal/Risk K:\RISK\claims\2013\snypplhealth dept.deniak iii,,., .. 4 G . a. Wag et Seattle ag Calmly f Norman a.Ries,Mayer rim Rill.Executive t Seattle-King County Department of Public Health --------- i David M.Lurie,Director February 8, 1994 . Paul Snypp ' 31000 39th PI SW Federal Way,WA 98023 e-a t Dear Mr. Snypp: ., V1 This is to inform you that this office has disapproved the building permit application at c 37109 5th Avenue SW, No. cm-house 629). „rn1 e Part IX, Section 2-D of the King County Board of Health Rules and Regulations No. 3 states,(in part): - A 'Within 10 working days of receipt of the application and all required information,the Health Officer m shall notify the applicant of one of the following: 'e r- 1i r Ki ildi ment; 1. Approval of the system with notification to ng County Bung and Land Develop 2. Corrections needed to accommodate the application's approval; q 3. Disapproval of the application with notification in writing to Building and Land Development , A Division and the applicant of the action taken and the reasons therefore. v O `�The application was disapproved for the following reason(s): ,�� _ 7rn The plot plan submitted for the proposed addition was the original site application. Reviewing the As Built drawing, it does not appear that there is an adequate reserve drainfeld area. You will need to contact a septic system designer to(1)excavate soil logs to determine soil type,(2)show that the existing septic system is adequate per current code requirements, and (3)show a 100%reserve area. This decision may be appealed to the King County Sewage Review Board if done within 60 days of receipt of the decision. Review Board application forms are available at our office should you choose to appeal this decision. If you have any questions,please contact me at 296-4708,Monday through Thursday. Sincerely, David Koperski, R.S. Environmental Health Specialist DK:eh cc: DDES Alder Square F.vlresmeatal Health Servlees 1404 Central Ave.S.,Suite 101 Krnt,Washington 98032 (206)296-4:08 or 296-4666 FAX(206)296-0163 'Printed on Recycled Paper . 1 SEATTLE-Kllm mar DEPARTNENT OF PIBLIC HEALTH ENVIRONMENTAL HEALTH SERVICES Total Fee: $75.00 APPLICATION FOR HEALTH DEPARTMENT APPROVAL OF BUILDING PERMIT Submit application, route map, building permit plot plans, and other required documents in triplicate. The following must be completed and the fee must accompany this application: Note: If the property is located in unincorporated King County, make direct application to the King County Building and Land Development Division (B.A.L.D.). Properties in incorporated cities apply to local building departments. PROPERTY INFOFMTI01( IZ]House/structure Is served by an on-site sewage (septic) system c' • Distance to the nearest public sewer I/2 Address of property 37144/ 14,tt1 S.M. F. t 0,rr.! t a Parcel Humber (Tax Lot Account /) ,2,1 R 2 2A—21+&a --o M 1 (� u: Applicant's name Pert.-J K C Day Phone 95-2-.2 r Applicant's mailing address .3 1Csob 391k 1'L• 5 ti, Fq,eci A 10 Owner's name 5o,.,.L Day Phone Age of house Number of existing bedrooms Existing square footage of house Are additional bedrooms being constructed or created? f4 o Description of proposed changes/remodeling (attach plot plans. showing existing structure. remodeling and septic system): • 19411e. rr was A 4,1 p a{.4k T75 YnTD,IdILt �•f^' w . • Nt - Q. ..,,. p Hew square footage after construction 3Rs...e • STUNS*STEW INFOFAMTI01(. Approximate dates septic tank was pumped (attached receipts) Ov►e- ye c.,- acic • A:cti;:nns or major landscape changes since house was constructed (examples: add familyroom,: bed- rooms, virago, patio, deck, pool. etc.; major fills or excavations done in landscaping): Additions or repairs to sewage system (give date and describe briefly) Krug Other information which would be helpful in evaluating the sewage system (1e. drainfleld easements. ' covenants, etc.):. WATER SUPPLY INFOFBMTIOI ® Public system (2 or more connections) Q Private (well, spring, etc.) Attach copies of well log. well Name of Public Supply rceiefti 1AkA Uctcr .1-.);Sfr covenants. chemical/bacteriological sample reports FOR HEALTH DEPAR'IIENT 115E ONLY pate Received 0 APPROVED Dotq BY: RECEIVED 0-D[SAPpRONED Z- ltA BY: -Da te DEC 3 01993 Comments/conditions:_ Aizx kVA. AuQER SQUARE t„ Any person aggrieved by any decision or final order of the Health Officer may make written application for appeal to the King County Board of Sewage Review If done so within 60 days or the above decision. /hi/sr+ago/lorxs/forrn37/6.3-91 91. 9.1 % 9 g ' r• tt { 9 tit G A. ..` .'5 PrI G 'lkt• K- 2t) ✓ ,. k ' ` } 6pgG ,t t•.t 136 DoivTr►' �`t' '` i Nt ••;*,...,•,., .1k,,,,, ..t, \ go \,, 0 N.,.,_ ; „, \ -..,\N, i,%.,, is \ . . - - ,. ...i , i \ 1 a-6.... •,\:\ .... ,„1/4 ... \ . , ,,, .... . -... ‘ 6, -,\ N \ 10,. NN. *I . '0 I! . \ **...)%2-\\ Nk.t ‘ ,‘ A i\ . \ 4:-.> ..; ,,, 4a W /: P. {{ DATE U'"11 c ` 4 A (1 to' 1 t; }; I OMPl1ANCc -1 , • \\\\ . f N •• ) \ i. -6., ir .,. if:: t:.,.,. : i t-tt EA„ )) i \ 4 i JBLIC d Ln k \ - S 1 - _ , 1 1 t <f S j-.. ; . . \ I \ 'I I I! . .1: ' I. 1. I . ' W"5flet)M s�.it•1t MOIltt-t1 14.4ME -. FLOOR F.t. V. r?ICi.O I ° t' . ' ...P,14,4;i1.1G STUB lst..%..V qf..s •- A.t.L Pc>Wt•i$PbUT .. LEI J,,J ` ',,.OttsioNtit To eat. otkitt.c2"T%0 FcGt-A 12radli►1tJ1='t01.L.t7 A.R.t .* I ij I ., • • 1, . :31''s'°'•'OF '61ER.tA.I.. Ot6TRtgtS'Tt014 T7T2A.I -1 FIELC> •-'ti.3dlEM UJ u' tt .. p.m*. tt-t,SP, BOY. q'3.O 4- t4,6,0•!t•ItA.it.+l T'RE13Ci4 0E r0r: o15E SEAT) "1 !.'i `'• As*;°ttl,04,1Nii 601t- - D2A.1t+} 1Rt..P NO VCt...,0%' " -KING Cp... "TY I.>1 4014.115uR;:tt-t -#.t.L. c.• 0V 40v1V.FC 601Q C14ER' °CPT. 0 PUBLIC H T1 ; ':$1?$01.t F t1 L P 1.1Z.£A, G"9 o '"1/0"f R.ga 1,) 1'tU:ri PER— R Ar ' a ,, t Wm/�i;t f..,t[ x, E . ori , . - . .6 W .�. 1,4 . i f °I.ea , v19 1 6 P(.) 6 A L ? ~ 4116, CITY OF CITY HALL 3332.4**4....,_ Federal Way Feder 8th Avenue 8003South Federal Way,WA 98003-6325 (253)835-7000 www.cityoffederalway.com 253-835-2561 March 4,2013 Paul Snypp 31606 45th Pl. SW Federal Way, WA 98023 Re: Claim for Damages#: 13-01-070-771 Date of Incident: 2/25/1993 Description: Refusal to issue 1993 building permit Dear Mr. Snypp: I am in receipt of your letter dated and delivered on February 25,2013,asking the City to reconsider its denial of your claim. A copy of your letter is enclosed. You infer that the City's denial of your building application was later rescinded. If you have documentation wherein you believe the City reinstated your building application,please provide. In the absence of such documentation I have no basis for which to reconsider the denial. Sincerely ,_o_u_c..,,_ 7______ -Th -onia Proctor,ARM Lead Paralegal/Risk TP Enclosures cc: Isaac Conlen,Planner Manager K:\RISKlclairns\2013\snypp1follow-up reconsideration Itr 9 4 February 25, 2013 - 2' ' 13 FROM: Paul S. Snypp 7`j 31606 45 Place SW . Y Federal Way,WA 98023 g TO: Tonia Proctor, ARM Risk Management 33325 8th Ave. S. Federal Way, WA 98023 RE: Claim for Damages: 13-01-070-771 This letter is written in response to your letter dated February 21, 2013 which incorrectly concludes that my mobile home permit was refused due to Health Department requirements. Your reliance on Deb Barker's letter to Mr. Gauthier is improper since much of what was outlined in her letter was later rescinded after discussing the loss on my home site. At issue during discussions with Ms. Barker was the removal of the damaged mobile home. I removed the damaged home at Ms. Barker's direction. After doing so, she proceeded to require compliance with current codes and not 19.30.030 which would apply to the removed home. She later acquiesced on the application of 19.30.200. Federal Way Code Sections 19.30.030, 130 and 200 provide for the landowner's right to rebuild or replace a structure catastrophically damaged so long as the non-conforming use does not exceed the scope of the non-conforming use at the time of loss on or about February 25, 1993. With respect to the damaged home, it was on an approved septic system. The septic system was not damaged from the storm loss so there was no need to get a new permit according to the Health Department. I do not dispute that the 1993 health regulations required a 100%reserve drain field, but that was not a requirement when the home was originally approved in 1984. The state statute and Federal Way statutes allow the replacement home without having to conform to current statutory conditions which would include the need for reserve drain field. When I challenged the Health Department, they changed their position when they realized that this was a replacement home damaged in a storm. I had not increased the size of home or the level of waste disposal. As such, I understood that I did not need a further permit from the Health Department. I told Deb Barker and she said it didn't matter since she wanted the lots consolidated, roads paved, etc. I would ask the City to reconsider denial of my claim for the reasons stated above. S' erely, ' of,A,S / `- lf:r__ Paul S. Snypp i 41lki, CIT CITY OF 33325 HALL Federal Way Feder8th Avenue South Federal Way,WA 98003-6325 (253)835-7000 www.cityoffederalway:corn 253-835-2561 February 21, 2013 Paul Snypp 31606 45th Pl. SW Federal Way, WA 98023 Re: Claim for Damages#: 13-01-070-771 Date of Incident: 2/25/1993 Description: Refusal to issue 1993 building permit Dear Mr. Snypp: The purpose of this letter is to respond to the claim for damages that you filed with the City of Federal Way on February 1, 2013. The City has reviewed the documents you submitted with your claim and the City's records. In reviewing the records the City denied your permit,as stated in the May 11, 1995,letter addressed to your attorney,Mr. James Gauthier. The letter states on page 2,under Based on the Findings, The City Requires the Following:"BLD93-0205 for a mobile home at 37109—5th Avenue SW is denied by the city because the King County Health Department will not approve the permit application and there arc no sewer facilities available at this site." A copy of the letter is enclosed for your information. Based on the documentation reviewed,the City must deny your claim for damages. If you have questions regarding this claim,you may reach me at(253) 835-2561. Sincerely, r r�L Tonia Proctor,ARM Lead Paralegal/Risk TP Enclosures cc: Isaac Conlen,Planner Manager K:\R1SK\claims\2013\snypp\denial Itr ONey,......0.C1TY ,�► (206)661-4000 ��..�-r - FEDERAL WAY.WA 98003-6210 33530 1ST WAY SOUTH May 11, 1995 OCO-1 Mr. James Gauthier Gauthier and Swigart, PS 329 East Main Street 98002 Auburn, RE: BLD93-0205 T APPLICATION FOR BUII,DING PERMIT SW, FEDERAL WAY, WA 37109 5TH AVENUE Dear Mr. Gauthier: of the Paul nypp mobile home permit at the above referenced site, and the city for project status and summary procedures This letter is in reference to a requestS �s street vacation PROJECT STJMEMARY Assessor records, the applicant owns. lots 1 through 11 and County Tax Asses plus a vacated alley, under tax p Based on King plat of East Tacoma Addition, deper parcel no. 218 32, of blocky in which allows one dwellingunit foot lots zoningfor the site is RS 15.0, with 15,000 minimum square sq. refoo lot, hisyarea was also zoned RS 15,000, square foot lot, ("1' under King County.) County Assessor's map. parcel 2l$820-2440 is listed as 37,075 square feet on the King to four mobile this tax parcel has had up Tax County Tax Assessor records, 5th had Avenue SW, 37115 - 5 According to Kin Ther are presently three at We ti 19. The addresses f t and 3 102* 6th Avenue SW. . e e ar and ently -6th homes37195 - 5th Avenue SW, 37195 -5th Avenue Avenue SW, parcel, mobile homes on the parcel: my A - ss Avenue SW, the County Assessor's office listed flu with bile County the tax Avenue SW. While approval are on file only three building permits with septic aPP The Avenue SW has no permit record. Based on review of the mobile home at 37195 - 5th 37115 - 5th Avenue SW county approved P lans, there is a possibility that the mobile home at encroaches into the drainfield for 37115 - 5th Avenue SW.... 37195 - 5th Avenue SW Mr. James Gauthier May 11, 1995 Page 3 Please contact Ron Garrow at 661-4137 with Public Works related questions, or Deb Barker at 661-4103 for planning related questions about the building permits and document requests. Sincerely, got 61-c-AA-crr--) 10-(4 Ron Garrow, PE Deb Barker Senior Development Engineer Associate Planner enc: FWCC Article IV, Vacation of Streets Building Permit Application Mobile Home Standards c: Martin Nordby, Code Compliance Officer Dick Mumma,Building Official Pearl Kronstad,Project Engineer Dave Koperski,King County Health Department SNYPFFXN LTR P. 01 CITY OF CITY HALL. Federal Way 25 8tn AV Ue South WA 98003-6325 (253)835-7000 253-835-2561 February 6,2013 Paul Snypp 31606 45th P1. SW Federal Way,WA 98023 Re: Claim for Damages#: 13-01-070-771 Date of Incident:2/25/1993 Description: Refusal to issue 1993 building permit Dear Mr. Snypp: The City Clerk's office is in receipt of your Claim for Damages received on February 1, 2013. For the purpose of processing,your claim has been assigned file number 13-01-070-771 and is being reviewed by Risk. I have noticed that a page appears to be missing from one of the attachments to your claim. l have enclosed a complete copy of the claim you submitted and have flagged the letter that appears to be missing a page. If you could provide me a copy of the complete letter, it would be greatly appreciated. If you have questions regarding this claim,you may reach me at(253)835-2561. Sincerely, clY S'3 2_ 40-\_..0.,..JP1: 42"— Toruia Proctor,ARM Lead Paralegal/Risk TP Enclosures cc: Isaac Coalen,Planner Manager x:Uusmaaim3120l3lsnypp\ack itr P_ 02 r ( n„ ;ç- tl-CITY OF f"'"`~ 410 rr 33530 1ST WAY SOUTH FEDERAL WAY.WA 98003-6210 January 13, 1994 Mr. Paul Snypp 31000..39th Ave._SW Federal Way, Wa 98023 Re: BLD93-0205 Reconsideration of ROW Requirements Dear Mr. Snypp: The City has received your request for reconsideration of the modification granted September 10, 1993 on the right-of-way improvement requirements to 5th Avenue SW for the above referenced project. The required improvements per the staff letter include constructing a 20 feet wide paved roadway with 6-foot gravel shoulders on both sides of the pavement and associated storm drainage facilities in accordance with the 1990 King County Surface Water Design Manual starting from the end of the current two lane pavement by 36921 5th Ave. SW and continuing south to the end of the platted parcels supporting the proposed residence. The anticipated distance of improvements for the above configuration is over 250 feet and would front currently undeveloped single family residences. The proposed development also consists of the replacement of a previous residence on the subject site Based revision to the granted modification is made with the conditions for development to noworead as follows: 1. Per the authority in Section 22-1475 to improve traffic circulation and safety, 5th Avenue SW shall be paved 20 feet wide with 6-foot gravel shoulders on both sides of the pavement and associated storm drainage facilities in accordance with the 1990 King County Surface Water Design Manual starting from the fire hydrant located near the northeast corner of the intersection of 5th Ave. SW and SW 371st St. and proceeding south 150 feet or to the south end of the platted parcels supporting the proposed residence, whichever is longer. CITY OF CITY HALL 8th Avenue South Federal Way Federal Way,WA 98003-6325 .. . (253)835-7000 www.cilyoffederalway.corn 253-835-2561 February 6, 2013 Paul Snypp 31606 45th Pl. SW Federal Way,WA 98023 Re: Claim for Damages#: 13-01-070-771 Date of Incident: 2/25/1993 Description: Refusal to issue 1993 building permit Dear Mr. Snypp: The City Clerk's office is in receipt of your Claim for Damages received on February 1,2013. For the purpose of processing,your claim has been assigned file number 13-01-070-771 and is being reviewed by Risk. I have noticed that a page appears to be missing from one of the attachments to your claim. I have enclosed a complete copy of the claim you submitted and have flagged the letter that appears to be missing a page. If you could provide me a copy of the complete letter, it would be greatly appreciated. If you have questions regarding this claim,you may reach me at (253) 835-2561. Sincerely, Pri0C-s/42-- Tonia Proctor,ARM Lead Paralegal /Risk TP Enclosures cc: Isaac Conlen, Planner Manager K:\RISK\claims12O13\snypp\ack Itr CLAIM FOR DAMAGES FORM j [ ' --- CITY OF FEDERAL WAY: FEB 01 2013 Please take note that 1 i A,} ..• � -fir ._ r .:.. wfio ce..�s f(� � ( ) vabiflrri § (2)y ..t t.-12 y.7.... -S'�C<t�..l_.._S --E:.—At-4:.�V I A C 4, t yr'.P.a .9., .0. 0.1 __, , j (3) Sy, ., home phone It ,.._ "d work phone # (5)' "" t and � � who resided at �t ���• (6)30 CV,. 9f'A TR c- rC eci,1 ,,.��..�55Z� at the time of the occurrence and date r 1 fi�to of birth is(7) is claiming damages against the Cr OF FEDERAL the sum of(8)$2(1!Cc i., arising Lund 1 out of the tot ing circumstances listed below.(9)DATE OF INCIDENT: 2.j:)., !1(ICI (10)TIME:1 :t: P A a Y (11)LOCATION OF INCIDENT: 73„p,1.'S_ 1_J111e- - .tt i_e._..q;J.P:X :..._._r`at.,k „ _ ,11. . J A. DESCRIPTION: (12) Describe the conduct and circum ranee that brought about the injury or damage.Also describe the injury or damage - (attach an extra sheet for additional information,if needed) (13) Provide a list of witnesses,if applicable,to the occurrence including names,addresses,phone numbers,and knowledge of incident. (14) Attach copies of all documentation relating to expenses,injuries,losses,and/or estimates for repair. (15) Have you submitted a claim for damages to your insurance company? Yes 'A No If so,please provide the name of the insurance company: and the policy#: .._. (16) '*ADDITIONAL INFORMATION REQUIRED FOR AUTOMOBILE CLAIMS ONLY•• License Plate# Driver License# -- ,_____ Type Auto: (year) (make) (model) (a) DRIVER: _ __ (b) OWNER: _._- Address: Address: Phone#: _ Phone#: (c) Passengers: Name: .. _ ..._._,., ......_ Name: Address: __ _.................._.._.__ Address: (17) ' 'NOTE: THIS FORM MUST BE SIGNED AND NOTARIZED" • I. _ _ )►., Jy, ii , being first duly sworn, depose and say that I am the claimant for the above described;that I have read the a claim,know the contents thereof and believe the same to be fare. X— --r,k. * s Signature of Claimant(s) State of WJlington County of M n I certify that I know or have satisfactory evidence that 2t. t)L 3 I is the person who appeared before me,and said person acknowledged that(he/she)signed this instrument and acknowl�•• it to be(hi- .ry=ct for the uses and es meptio�j ' the Instrument D t d 3t--- , — NalarY PubUg State of Itilastil sig ....r u(Sal t s`.tJG‘ -k ___.._.._._..... MY Appal:nu" QBRIEN Title e� �n / (:xplrits Sep 13.201$ My appointment expires_.0()• 13 _ 10 Please file in person or by U.S.Mall with:City Clerk,City of Federal Way,33325"'8"'Ave.S.,Federal Way,WA 98003. Business Hours—8:00 a.m.—5:00 p.m.Monday through Friday. SUPPLEMENTAL STATEMENT OF CLAIM My name is Paul S. Snypp. I am the owner of the real property and former mobile home located at 37109—5th Avenue SW, Federal Way, Washington. The mobile home was destroyed in a storm. I provided documents to Deb Barker, the planning technician, establishing the mobile home loss and market appraisals of the home and property as was required under 19.30.200 Special provision for damaged improvements. In accordance with 19.30.200, I made application for a building permit to replace the damaged mobile home. My application for permit was submitted to the City of Federal Way on or about February 25, 1993 which was well within the 6 month application period required by the statute. The permit number was BLD-93-0205. The market appraisals I submitted were not contested by Ms. Barker and the replacement home did not exceed the 75%rule outlined in the statute. Since I was replacing the damaged mobile home with a like home, e.g. same size and footprint on the lot, I should have received the approved permit over the counter like Ms. Barker led me to believe would happen. Ms. Barker had previously directed me to removes the mobile home and then get with her for the permit to replace the mobile home. I did what Ii was directed to do and was broadsided with a full list of development requirements not permitted under 19.30.200. On April 7, 1993, Ms. Barker sent me a letter outlining 9 conditions for the replacement permit. None of the listed conditions are called for under 19.30.200. This letter did include a waiver provision if I submitted damage documentation. I verified with Ms. Barker that she had the information requested and the appraisal was not contested by the City. Ms. Barker also demanded that I segregate lots 1-4 to create a separate tax parcel. The existing use of the same lots for a mobile home may have constituted a non-conforming use, but the replacement home would not have increased the level of non-conformity and was therefore an improper demand by Ms. Barker. I took action to place a silt fence along the rear property line and would hydroseed or sod the ground once the new mobile home was placed. This was unacceptable to Ms. Barker who informed me that I wouldn't get a building permit approved unless I did everything I was told to do. I formally requested reconsideration of the permit requirements and on January 13, 1994 Ms. Barker responded informing me that I needed to asphalt the road,gravel the shoulders and comply with surface water management. None of these3 new requirements were authorized under my 19.30.200 application for a replacement mobile home permit. I asked my attorney to-request a meeting to discuss my permit application-and the various matters I was directed to complete as part of the permit process. Before Ms. Barker would set a meeting,she sent me a letter dated August 11, 1994 outlining information she wanted, much of it being a duplication of prior submissions by me. It was pure harassment by Ms. Barker. When I contacted Ms. Barker about her letter, she again told me that I would never get my permit issued unless I did what she told me to do. The meeting never occurred because I was led to believe that it would make no difference since she was the ultimate decision maker and not my attorney. My last call with Ms. Barker concluded that I would never get my permit as long as she was in charge of my application. I became frustrated and financially could not afford to fight her or the City any longer. I have kept my permit application open and still expect to have the permit issued to me consistent with 19.30.200. The City of Federal Way has caused me damages arising out of the City's non-compliance with 19.30.200 and its refusal to issue me a building permit to replace the mobile home on the subject property. The City's actions have caused me the following specific damages: Loss of Rental Income: ($856 month) $ 205,440.00 Health Department Permit expired: $ 540.00 Second Permit: $ 171.10 Site Clean-up per letter $ 800.00 Engineering Fees: $ 2,200.00 Legal Fees: $ 3,500.00 Total Damages $ 212,651.10 I hereby seek the following relief: 1. Issue my permit in accordance with 19.30.200 2. Pay my damages as specified I t ank you for your careful consideration of this Claim. -''-._ il \i '',.y. t February 1,2013 PAUL S. SNYPP,Claimant I c 19.30.030 When conformance is required. If an aspect, element, activity or use of or on the subject property conformed to the applicable zoning title in effect at the time that aspect, element, activity or use was constructed or initiated, that aspect, element, activity or use may continue and need not be brought into conformance with this title unless a provision of this chapter requires conformance. 19.30.130 Special provisions for residential uses. If the subject property contains a residential use that became nonconforming as to use or density as a result of the adoption of this title, the following regulations apply: (1) If the improvements on the subject property are damaged or destroyed by any sudden cause, the structure may be rebuilt; provided, that the number of dwelling units and the gross floor area in and on the subject property may not be increased from that which existed immediately prior to the damage or destruction and any other nonconformity of or on the subject property may not in any way be increased. The provisions of this subsection are only available if the applicant applies for a building permit within 12 months after the sudden damage or destruction and construction is commenced and completed under that building permit. 19.30.200 Special provision for damaged improvements. If a nonconforming improvement is damaged by sudden accidental cause, that improvement may be reconstructed only if it meets the following requirements and not otherwise: (1) The cost of reconstructing the damaged improvement does not exceed 75 percent of the assessed or appraised value of that improvement prior to the damage; except that no cost limit applies to the reconstruction of damaged improvements in the city center core and frame, and the director may require minor upgrades to the rebuilt improvements that are intended to achieve a greater level of compliance with the site and design guidelines in this title; and provided, that the upgrades are reasonably related to the improvement(s) and proportional to the reconstruction costs. The applicant may provide an appraisal of the improvement which has been damaged. The appraisal must be from a source that is acceptable to the city. The community development director may require the applicant to provide an appraisal from a source acceptable to the city if the assessed valuation appears to be inappropriate. If an appraisal is provided by the applicant or required by the city, the larger of the two amounts shall be used. (2) The improvement, as reconstructed, is not any more nonconforming than it was immediately prior to the damage. (3) The applicant applies for building and any land use permits to reconstruct the damaged improvement within six months of the date of the damage and reconstructs the improvement pursuant to such permits. © (0) CITY OF f"'""'"" 0 4110 -'33530 1ST WAY SOUTH • FEDERAL WAY,WASHINGTON 98003 April 7, 1993 Mr. Paul Snypp 31000 - 39th Avenue SW Federal Way, WA 98023 RE: BLD 93-0205 PROPOSED MOBILE HOME PERMIT 37109 - 5TH AVENUE SW Dear Mr. Snypp, I have reviewed your application to replace a damaged mobile home on the above referenced property. The Federal Way City Code (FWCC) requires the following when placing a mobile home on the lot: 1. A Lot Line Elimination to remove the interior lot lines. * 2. Paved 20 foot wide driveway and parking area. * 3. Under-grounding of the power lines. * 4. Full right-of-way improvements including curb, gutter, sidewalk and paved right- of-way. - 5. Septic system approval from King County Public Health Department within the last 90 days. 6. On-site infiltration of storm water run-off. * 7. 50 foot setbacks from regulated streams. The ordinary high water mark must be surveyed and shown on the site plan. 8. Resolve existing:on-site violations including stream restoration and clean-up of the lot. . 9. Documentation of the length of time the prior structure was vacant. Please provide rental indome 'receipts and signed affidavits indicating the date the structure was vacated. In order to waive all of the above requirements, you must document that the mobile home was your personal property, that the damage to the prior structure was only due to the storm and that the proposed structure does not exceed 75 percent of the assessed or appraised value of the prior structure (before storm damage). The documentation shall include a copy of an insurance claim report verifying the amount of storm damage with a settlement statement, and a report of the repair estimates. The appraisal shall be a form acceptable to the City or a copy of your 1993. King County personal property tax assessment. Pursuant to FWCC Sec. 22-343, (Special Provisions for Damaged Improvements), a second appraisal may be required. In the event that storm damage cannot be verified, there are other processes available to request modifications of the items starred (*) above. Regardless of whether you can verify that the mobile home was damaged by natural causes, lots 1 through 4 of Block 17, East Tacoma Addition must be segregated by the King County Tax Assessors office to create a separate tax parcel. Additional dwelling units may not be placed upon the subject property unless a separate property tax account number is provided. Contact the King County Assessors office at 296-7300. Since the site has been disturbed by cleanup, exposed soils now impact water quality of a stream on the west side of the lot. This condition is a violation of FWCC Division V, Streams. Pursuant to FWCC sec. 22-1311, the contamination shall be immediately corrected in the following manner, regardless if a building permit is issued: 1. A four foot tall silt fence shall be immediately placed at the rear of the property following the stream course. The silt fence shall be approximately 10 feet from the stream center. 2. All soils not protected by vegetation shall be hydroseeded by April 30, 1993. In addition, a field visit verified that during your clean-up action, tires, oil cans, toys, etc. were plowed under the ground. This debris, as well as any above ground, must be removed. If you have any questions, please call me at 661-4103. Sincerely, Deb Barker Planning Technician • . c: Martin Nordby, Code Compliance Officer Skip Tullock,Engineering Plans Reviewer K.C. Ellis,Lead Plans Examiner Dick Mumma,Building Official Kathy McClung,Land Use Administrator FILE enc: sglefamllsnypp.ltr r 2. A No-Protest Agreement shall be signed and recorded for future formation of a Local Improvement District to further improve the existing frontage roadway system. We need to determine if anyone else (besides yourself) has ownership rights in the property associated with this building permit. Once we receive this ownership information from you,-we will provide you with the agreement for completion and signature. You will also need to include a check for $8 made payable to the King County Records and Elections Department to cover document recording costs. No further reconsideration of this matter will be made. If there are any questions regarding this issue, please give me a call at 661-4137. Sincerely, Far Ronald Garrow, P.E. Sr. Dev. Engineer c: Ken Miller Skip Tullock CITY OF; =„, (206)661-4000 33530 1ST WAY SOUTH FEDERAL WAY,WA 98003-6210 August 11, 1994 Mr. Paul Snypp 31000 - 39th Avenue SW Federal Way, WA 98023 RE: BLD-93-0205 37109 5TH AVE SW, FEDERAL WAY MOBILE HOME REPLACEMENT Dear Mr. Snypp: I understand that your attorney has requested a meeting to discuss the above referenced application. The application was submitted on February 25, 1993. Additional information about the project was requested in my April 7, 1993 letter (copy enclosed). I have had no response to the highlighted letter items as of this date. In order to prepare for the requested meeting, I need additional information about the site. Please provide the following: 1. What is the development history of the site known as East Tacoma Addition, Block 17, lots 1 through 8? When did you purchase it? What improvements (dwellings)were on the site when you purchased it? What has the site been used for? 2. How many improvements have been permitted on the site under King County Building and Land Division? How many improvements have been permitted on the site by the King County Department of Public Health? (Please provide copies of these permits.) 3. How may improvements are now on the site?Who is the owner of the improvements? 4. Provide ownership information and document of the value of the manufactured home that was removed from the north portion of the site. 5. Provide documentation of the specific storm damage, if any, that occurred to the manufactured home referenced in #5. 6. At one point you mentioned that you wanted the proposed mobile home for your personal use. Is this still your intent? Mr. Paul Snypp August 12, 1994 Page 2 I understand that you have been working with Public Works Senior Review Engineer Ron Garrow to resolve issue number 4 referenced in my April 1993 letter. Your request for a modification to the required right-of-way improvements was conditionally granted on January 13, 1994. To date, the required No-Protest Agreement has not been signed. Your timely response to this request is greatly appreciated. I can be reached at 661-4103 if you have any questions. Sincerely, /01,6 b44#1-1 Deb Barker Associate Planner enc: Copy of April 7, 1993,Letter to Paul Snypp from Deb Barker Copy of January 13, 1994,Letter to Paul Snypp from Ron Garrow c: Ron Garrow,Senior Development Engineer Dick Mumma,Building Official Greg Moore,Director of Comxanity Development Services Kathy McClung,Land Use Administrator Michael D.Smith,Acting Deputy City Attorney Martin Nordby,Code Compliance Officer James A. Gautier,Gautier and Swigart,PS.,329 East Main Street,Auburn,WA 98002 SNYPPREQ.LTR CITY OF 40 �1 I iqlrY- 33530 1ST WAY SOUTH FEDERAL WAY,WA 98003-6210 February 21, 1996 Paul Snypp 37109 - 5th Avenue SW Federal Way, WA 98023 RE: Building permit #BLD93-0205 Dear applicant: On December 21,1995, the Federal Way City Council adopted Ordinance 95-249. This authorizes the collection of school impact fees for Federal Way School District #210. These fees are assessed and collected at the time the building permit is issued. The fee for a single family dwelling is $1707 and will be collected along with other applicable permit fees. A fee of$1423 is collected for each unit of a multi-family development. Upon review of our records, we discovered that you have a pending building permit for a single family dwelling. Since you may not have been informed previously of this fee and in the spirit of fairness, we would like to offer you an opportunity to pick up your permit. We are allowing a grace period to pick up your pending permit. Therefore, you have until March 22, 1996 to address any outstanding issues and pick up your permit without being assessed the school impact fee. If you have any questions regarding this issue, please contact Kari Cimmer, Permit Specialist, at 661-4117. Sincerely, "Richard Mumma Building Official cc: Kathy McClung Assistant Director of Community Development Services buildinglimpact.fee Pau? Snypp 37109 - 5th Avenue SW Federal Way, WA 98023 RE: Building permit #BLD93-0205 Dear applicant: On December 21,1995, the Federal Way City Council adopted Ordinance 95-249. This authorizes the collection of school impact fees for Federal Way School District #210. These fees are assessed and collected at the time the building permit is issued. The fee for a single family dwelling is $1707 and will be collected along with other applicable permit fees. A fee of$1423 is collected for each unit of a multi-family development. Upon review of our records, we discovered that you have a pending building permit for a single family dwelling. Since you may not have been informed previously of this fee and in the spirit of fairness, we would like to offer you an opportunity to pick up your permit. We are allowing a grace period to pick up your pending permit. Therefore, you have until March 22, 1996 to address any outstanding issues and pick up your permit without being assessed the school impact fee. If you have any questions regarding this issue, please contact Kari Cimmer, Permit Specialist, at 661-4117. Sincerely, , -Richard Mumma Building Official cc: Kathy McClung Assistant Director of Community Development Services building\impact.fee i 1 r February 25, 2013 �`~ 1.1'13 �, ,,,., Paul S. FROM: 31606 5tt'yPlace SWT1 Federal Way, WA 98023 �'. TO: Tonia Proctor, ARM Risk Management 33325 8th Ave. S. Federal Way, WA 98023 RE: Claim for Damages: 13-01-070-771 This letter is written in response to your letter dated February 21, 2013 which incorrectly concludes that my mobile home permit was refused due to Health Department requirements. Your reliance on Deb Barker's letter to Mr. Gauthier is improper since much of what was outlined in her letter was later rescinded after discussing the loss on my home site. At issue during discussions with Ms. Barker was the removal of the damaged mobile home. I removed the damaged home at Ms. Barker's direction. After doing so, she proceeded to require compliance with current codes and not 19.30.030.— which would apply to the removed home. She later acquiesced on the application of 19.30.200. Federal Way Code Sections 19.30.030, 130 and 200 provide for the landowner's right to rebuild or replace a structure catastrophically damaged so long as the non-conforming use does not exceed the scope of the non-conforming use at the time of loss on or about February 25, 1993. With respect to the damaged home, it was on an approved �L >, ^P` t 1 septic system. The septic system was not damaged from the storm loss so there was 514' no need to get a new permit according to the Health Department. I do not dispute that - the 1993 health regulations requiredeserve drain f eld, but I - 4 -s not a requirement when the home was originally approved in 1984. Th- - :nd Federal Way statutes allow the replacement home without having • • • to current statutory conditions which would include the need for reserve drain field. When I tended the Health Department, they changed their position when they realized that his was a replacement home damaged in a storm. I had not increased the size of home or the level of waste disposal. As such, I understood that I did not need a further permit from the Health Department. I told Deb Barker and she said it didn't matter since she wanted the lots consolidated, roads paved, etc. I would ask the City to reconsider denial of my claim for the reasons stated above. S erely, Paul S. Snypp 5 vP�'tG U�¢.S � 5-r-A.-1-vTs-S r 1 • February 25, 2013 6`013 rt <s; FROM: Paul S. Snypp 31606 45th Place SW 4/- Federal Way, WA 98023 TO: Tonia Proctor, ARM Risk Management 33325 8th Ave. S. Federal Way, WA 98023 RE: Claim for Damages: 13-01-070-771 This letter is written in response to your letter dated February 21, 2013 which incorrectly concludes that my mobile home permit was refused due to Health Department requirements. Your reliance on Deb Barker's letter to Mr. Gauthier is improper since much of what was outlined in her letter was later rescinded after discussing the loss on my home site. At issue during discussions with Ms. Barker was the removal of the damaged mobile home. I removed the damaged home at Ms. Barker's direction. After doing so, she proceeded to require compliance with current codes and not 19.30.030 which would apply to the removed home. She later acquiesced on the application of 19.30.200. Federal Way Code Sections 19.30.030, 130 and 200 provide for the landowner's right to rebuild or replace a structure catastrophically damaged so long as the non-conforming use does not exceed the scope of the non-conforming use at the time of loss on or about February 25, 1993. With respect to the damaged home, it was on an approved septic system. The septic system was not damaged from the storm loss so there was no need to get a new permit according to the Health Department. I do not dispute that the 1993 health regulations required a 100% reserve drain field, but that was not a requirement when the home was originally approved in 1984. The state statute and Federal Way statutes allow the replacement home without having to conform to current statutory conditions which would include the need for reserve drain field. When I challenged the Health Department, they changed their position when they realized that this was a replacement home damaged in a storm. I had not increased the size of home or the level of waste disposal. As such, I understood that I did not need a further permit from the Health Department. I told Deb Barker and she said it didn't matter since she wanted the lots consolidated, roads paved, etc. I would ask the City to reconsider denial of my claim for the reasons stated above. S' erely, Paul S. Snypp t ‘ CITY OF CITY HALL Federal Nay33325 8th Avenue South Federal Way,WA 98003-6325 (253)835-7000 www.cityoffedera/way.corn 253-835-2561 February 21, 2013 Paul Snypp 31606 45th Pl. SW Federal Way, WA 98023 Re: Claim for Damages#: 13-01-070-771 Date of Incident: 2/25/1993 Description: Refusal to issue 1993 building permit Dear Mr. Snypp: The purpose of this letter is to respond to the claim for damages that you filed with the City of Federal Way on February 1, 2013. The City has reviewed the documents you submitted with your claim and the City's records. In reviewing the records the City denied your permit,as stated in the May 11, 1995,letter addressed to your attorney,Mr. James Gauthier. The letter states on page 2, under Based on the Findings, The City Requires the Following:"13LD93-0205 for a mobile home at 37109—5th Avenue SW is denied by the city because the King County Health Dena tment will not approve the permit application and There are no sewer facilities available at this site." A copy of the letter is enclosed for your information. Based on the documentation reviewed, the City must deny your claim for damages. If you have questions regarding this claim,you may reach me at (253) 835-2561. Sincerely, Tonia Proctor, ARM Lead Paralegal /Risk TP Enclosures cc: Isaac Conlen, Planner Manager K:\RISK\c l aim s\2013\snypp\den i a1 It CITY OF (206)661-4000 • ED FEDERAL WAY, 98003.5210 `)� Fry- 33530 1ST WAY SOUTH May 11, 1995 Mr. James Gauthier C70,) \\C: Gauthier and Swigart, PS 329 East WAMain 98002t Auburn, RE: BLD93-0205 T APPLICATION FOR 31095THAVENUE BUILDING EN SW, FEDERAL WAY, WA Dear Mr. Gauthier: of the Paul Snypp mobile nest for project status and summary procedures This letter is reference to a request 's street vacation home permit at the above referenced site, and the city PROJECT SUMMARY through 11 and 28 the applicant owns lots 1 nder tax parcel County Tax Assessor records, plus a vacated alley, unit per 15,000 Based on King plat of East Tacoma Addition, no.through18 32, of blocky in which allows one dwelling ut e foot l00 hzoning for the site is RS 15.0, with 15,000 minimum square square. foo lot. is area was also zoned RS 15,000, ots foot lot. (T under King County.) County Assessor's map• square5 feet on the King to four mobilel cel has had up 37115 - 5th Tax parcel to Kin -2440 isy TaxdAs essor37,07records, this . 7109 l 5th Avenue to According to King County Tax these are listed as 7 presently three Acc e ddresses f There are p y homes at one time. T and 37102 - 6th Avenue SW• an - t Avenue SW, 37195 - 5th Avenue SW, 37195 - 5th Avenue parcel, mobile homes on the parcel: 37115 - 5th Avenue SW, n ssessor's o ice listed four h King°County es on the tax y royal are on file with Avenue • permits with septic approval only three building venue SW has no permit record. Based on review oft e Sth A ere is a possibility that the mobile home at The mobile home eat 37195 unty approv ans, 37115 - th venue encroaches into the drainfield for 37115 - 5th Avenue S 37195 - 5th Avenue SW en Mr. fames Gauthier May 11, 1995 Page 2 PROJECT STATUS On February 25, 1993 Proposed to ins , the city received building permit application BLD93- an a roved lmob A 5th Avenue SWO205 home was remo mobile ? rmitted throe i This address had been the site of the siteg a 198 n application was received from y the Property owner before t' This p uildingr e citymobile Each of the three building permit sewage dispersal. homes permitted �e hr1% has mobile como to m by King County had approvedFebruary septic systems for at 3710 - t Avenue epart uuewent isapproved t e se , 8,request letter to the a ;1�^ No 1 e omP which a ac t �* *�_ C erni requeet f�., the , ' had since been rem.. ...,,� ���c submitted plot plan was for the original 1984 De overt, e Department requested en hi order to approve Healthsystem is part current code engineered soil logs, the that the home p adequateg � the applicant showerinit, King County a per c requirements, and provide a 100that existing septic King was t Department decision was a percent reserve appeal �, filed, nor was the requested information appealable within 60 days of area. The rn�armation provided. Y the decision; no BASED ON THE ABOVE FINDINGS, THE CITY 1• BLD93-0205 foram BF-QUIRES THE FOLLOWING the Kingmobile home at 37109 - County Health Department will not a Avenue SW is denied b no sewer facilities available at the site. approve the by the city because 2. permit application and there are A full copy of the v• submitted.ullo y the applicant County building permit for 37195 _ ermit for mobile home b ant is unable to provide an approved5 Avenue ay June 10, copy of the KingSW must be for this mobile home1995, the applicant must apply County Way County �P,1fc, permit for this address. � P y to the Cif•of «� Current code standards apply, Federal Way ng County Department must approve the septic s vaand they be system design. A variance may be STREET VACATION The applicant's property 6th Sir y is adjacent to SW 371st Street, which is unimproved This unimproved street is a P ved betty feet in Avenueize. The process to vacateapproximately 8n ,80 square and _p_ublic streets is con Y fnet-b_y_n60-feet, Code WV/CC) - Article- --- or 20,800 IV, Vacation of �� in the enclosed Federal hearings are conducted byStreets, section 13-91 thoughWay City Engineer, the City Council. Please contact Pearl 13-103. at 661-4134 for additional street vacation information.Kronstad p Street vacation on. � Public Works Project Mr. James Gauthier May 11, 1995 Page 3 Please contact Ron Garrow at 661-4137 with Public Works related questions, or Deb Barker at 661-4103 for planning related questions about the building permits and document requests. Sincerely, &tb-L____ Ron Garrow, PE Deb Barker Senior Development Engineer Associate Planner enc: FWCC Article IV, Vacation of Streets Building Permit Application Mobile Home Standards c: Martin Nordby, Code Compliance Officer Dick Mumma, Building Official Pearl Kronstad, Project Engineer Dave Koperski, King County Health Department SNYPPFLNI.LTR t f Z./ Ile) FILED FOR RECORD AT REQUEST OF: THIS SPACE RESERVED FOR RECORDERS USE: Paul S.Snypp (Applicant's Name) MAIL TO: Jeffery H.Sharp CITY OF FEDERAL WAY 33530 1ST WAY SOUTH FEDERAL WAY,WA 98003 S-T-R:31-21-04 D93-0205 CITY OF FEDERAL WAY LOCAL IMPROVEMENT DISTRICT WAIVER OF PROTEST COVENANT THIS COVENANT is made by Paul S. Snypp and ("Property Owners") in fiwor of the City of Federal Way,a Washington municipal corporation("City"). A. The Property Owners own certain real property commonly known as 37109 5th Avenue SW, Federal Way,WA 98023 and legally described as follows: Lots 1-3,Plat of East Tacoma,BIk 17;Vol 5 of Plats,Page 5,Records of King County,WA ("Property"). B. The Property Owners have submitted a request for a building permit under Permit No. BLD 93-0205 to replace damaged mobile home with a new unit on the Property which abuts a substandard City right-of-way known as 5th Avenue SW,which project will impact and derive special benefits from the public right of way. C. The City may,in the future, construct, reconstruct or improve 5th Avenue SW to City standards including, but not limited to, curbs, gutters, sidewalks, driveways across sidewalks, storm drains, retaining walls, street illumination, landscaping, slope protection and underground power,and necessary appurtenances consistent with good street construction("Improvements"), so as to benefit the Property,through the formation of a Local Improvement District. NOW,THEREFORE,the Property Owners agree as follows: 1.Permit The Property Owners may obtain a building permit for replacing a damaged mobile home with a new unit without the installation of the Improvements so long as all other conditions of the permit, if any, are complied with to the City's satisfaction. 2.No Protest. Pursuant to RCW 35.43.182 and in consideration of the City approving said permit, the Property Owners agree to participate in and not protest the formation of a Local Improvement District pursuant to RCW 35.43.180. 3. Term. This Covenant shall be for a term of ten(10)years commencing on the date of execution hereof and terminating ten(10)years thereafter. 4.Improvements. Nothing in this Covenant shall in any way absolve the Property Owners of any underlying obligation to make any public improvements prior to the expiration date of this Covenant or upon eighty (80) days written notice from the City if such public improvements are required pursuant to the Federal Way City Ccxle,any other 0 ti permit application, or other applicable laws, rules, or regulations, as now existing or hereafter adopted or amended. The Improvements may be necessary to mitigate the effects of the development of the Property. This Covenant shall be construed only as providing an alternative means for payment for necessary public improvements through the formation of a Local Improvement District. 5.13nrding Effect. This Covenant is binding on the Property Owners,their successors in interest,heirs and assigns,and is a covenant running with the land. 6.Filinr. This Covenant shall be recorded by the City with the King County Office of Records and the Property Owners shall pay all recording fees. 7. Limitation. Nothing in this Covenant shall be construed to waive the Property Owners' right to object to the Property Owners'individual assessment(including the determination of special benefits allocable to the Property) or to appeal to the Superior Court the decision of the Federal Way City Council affirming the final assessment roll. DATED this clay of , 19_ PROPERTY OWNERS • (Property Owners name) (Property Owners name) APPROVED AS TO FORM: City Attorney,Carolyn A.Lake (Address) STATE OF WASHINGTON )ss. [INDIVIDUAL NOTARY] COUNTY OF KING On this day of , 19 , before me, the undersigned, a NotaryPublic in and for the State of Washington, duly commissioned and sworn, personally appeared , husband and wife, to me known to be the individual(s) who executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said individual(s),for the uses and purposes therein mentioned,and on oath stated that they were authorized to execute the said instrument. Witness my hand and official seal hereto affixed the day and year first above written. -2- • (typed or printed name of notary) Notary Public in and for the State of Washington My commission expires K:/FORMS LIDNOPRO.IMP Rev.1/00/94 -3- ` CITY OF CITY HALL Federal Way 3332Feder 8th Avenue South Federal Way,WA 98003-6325 (253)835-7000 www.cityoffederalway.corn January 17,2013 Paul Snypp 31606 45th Place SW Federal Way,WA 98023 RE: Permit#12-105500-00-SF;REVIEW COMMENTS Snypp Manufactured Home,37109 5`h Avenue SW,Federal Way Dear Mr. Snypp: City of Federal Way staff have reviewed your single-family building permit application for a proposed new 1,056 square-foot manufactured home located at the above-referenced address.A review of the material you submitted indicates the following issues that must be addressed prior to approval.If you have any questions,please contact the representative listed for that section. BUILDING COMMENTS (Scott Sproul,253-835-2633,scott.sproul@cityoffederalway.com) Please provide current information regarding the factory assembled structure. • Clarify and provide the year of the home,model number,brand of the home,and exterior dimensions.The exterior dimensions of the structure must match the dimensions depicted on the site plan. • Specify whether the structure is a manufactured home or a modular home. PERMIT CENTER COMMENTS (Development Specialist,253-835-2607,permitcenter@cityoffederalway.com) 1. Provide a site plan depicting the following items: • North arrow. • Provide a list of existing impervious areas in square feet, including structures,concrete,gravel, etc. • Provide a list of any new impervious area in square feet. • Indicate total lot size in square feet. • Show the width of driveway and describe paving materials,including setback from adjacent property lines. • Show any existing structures to be demolished or removed. • Show the size, location, setbacks,and use of existing buildings, including their setbacks from property lines. • Show the size, location, setbacks,and use of new buildings, including their setbacks from property lines. Mr.Snypp January 17,2013 Page 2 • Show the location of utilities(water, septic, gas,etc.)and their connections to building. • Show the setback lengths to septic system components. 2. Provide a certificate of water availability from Lakehaven Utility District(253-941-1516). Pursuant to Revised Code of Washington(RCW) 19.27.097(1), "Each applicant for a building permit of a building necessitating potable water shall provide evidence of an adequate water supply for the intended use of the building. Evidence may be in the form of. . . a letter from an approved water purveyor stating the ability to provide water. . ." 3. Provide a current King County septic approval from King County Dept.of Permitting and iron ental Reviewr(206-296-6600).Pursuant to Uniform Plumbing Code(UPC)305.2, "When a public sewer is not available for use, drainage piping from buildings and premises shall be connected to an approved private sewage disposal system." vt pKore , See Do (t ma.r _a- PLANNING DIVISION COMMENTS (Becky Chapin,253-835-2641,rebecca.chapin@cityoffederalway.com) Elevation Plan Requirements Manufactured homes to be placed on single-family lots must have been constructed after June 15, 1976. They must have been originally constructed with,and now have,a roof of composition,wood shake or shingle,coated metal,or similar material of not less than 3:12 pitch;and exterior siding similar in appearance to siding materials commonly used on conventional site-built single-family residences(RCW 35.63.160). • Please provide an elevation drawing of the proposed manufactured home. Specify the height above finished grade to the finished floor,and highest point of the structure.Also,include all finish materials to be used and show all doors and windows. L ne Elimination SJ h ri -cI�l 11 of" (� . %'►' k Based on review of King aunty A essor's data(enclosed),this site is composed cif several underlying lots.The proposed home cannot be constructed over these underlying lot lines. Therefore, it is necessary to record a Lot Line Elimination(LLE)at the King County Recorder's Office. I have enclosed an application and informational handout.The LLE must be completed prior to building permit approval. Tree and Vegetation Retention Pursuant to FWRC 19.120.130,existing trees and vegetation in good health,and not considered to be invasive species, shall be retained on the subject property to the maximum extent possible in all developments.This parcel will have to meet the minimum tree density requirements of 25 tree units per acre.A tree unit is a value assigned to existing retained trees or replacement plantings.The larger the tree the greater the value it is assigned. Indicate tree size in inches based on diameter at breast height(DBH). Please show trees on property per Federal Way Revised Code(FWRC) 19.120.040(2)and label those trees that are to be removed. If no trees are to be removed,please indicate this on the site plan drawing. 'Diameter at breast height(dbh)means the diameter of a tree trunk as measured at four and one-half feet above the ground surface. 12-105500 Doc.I .62900 4. Mr. Snypp January 17,2013 Page 3 f PUBLIC WORKS—TRAFFIC COMMENTS (Sarady Long,253-835-2743,sarady.long@cityoffederalway.com) Driveway Regulations Per FWRC 19.135.280(2),driveways that serve only residential use may not be located closer than 25 feet to any street intersection.As depicted,the proposed driveway is less than 25 feet from the intersection of \tiff 5th Avenue SW and SW 371st Street. Also,a driveway and/or parking pad,in a required front yard,may not exceed 20 feet in width and may not be closer than five feet to any side property line. The existing parking area,as shown,exceeds 20 feet in width. Please show on the site plan the revised location and width of the driveway. PUBLIC WORKS—DEVELOPMENT SERVICES COMMENTS (Kevin Peterson,253-835-2734,kevin.peterson@cityoffederalway.com) Street Frontage Improvements Public Works has reviewed the above-referenced project and has the following condition for approval, which has been included in this letter for your information. • Pave 5th Avenue SW a minimum of 20' in width from the end of the existing pavement,across the (� / property frontage to the south.The street pavement section shall be per City standard street section Z {I 'X'.A City right-of-way permit is required for the paving of 5th Avenue SW. The Right-of-Way(ROW)Permit and associated bonding shall be obtained prior to issuance of this Building Permit.A '-)'= ROW application and handout is enclosed for your use. ' j i • The roadway paving shall be completed and accepted by the Public Works Department prior to the Blocking Tie-Down inspection associated with the Building Permit.The Building Permit will be conditioned as such. • The driveway shall be paved per FWRC 19.130.210(2). The driveway shall be paved from the 11 roadway pavement edge,to a maximum of 40 feet from the edge of roadway paving.Maximum driveway width is 20 feet. L SOUTH KING FIRE&RESCUE COMMENTS (Gordy Goodsell,253-946-7241,Gordon.Goodsell@southkingfire.org) I -((�,,! The fire apparatus access road to this proposed building does not meet the minimum requirements of "/ International Fire Code 503.2.An approved 20-foot-wide fire apparatus access road with a turnaround is required.Exception:provide an approved automatic sprinkler system. t 5 2 , CLOSING Please submit five(5)copies of requested plans with the enclosed resubmittal form. If you have any questions regarding this letter,please contact me at rebecca.chapin(aicityoffederalway.com or 253-835- 2641. 12-105500 Doc.I .62900 Mr-Snypp January 17,2013 Page 4 Sincerely, Becky Cha Assistant Planner enc: Master Land Use Application Lot Line Elimination Handout Right-of-Way Permit Application and Handout c: Scott Sproul,Assistant Building Official Kevin Peterson,Engineering Plans Reviewer Kathy Messinger,Engineering Technician Kari Cimmer,Permit Supervisor Gordy Goodsell,South King Fire&Rescue 12-105500 Doc.LD.62900 ti Mr. Snypp January 17,2013 Page 2 f` f • Show the location of utilities(water, septic, gas, etc.)and their connections to building. • Show the setback lengths to septic system components. 2. Provide a certificate of water availability from Lakehaven Utility District(253-941-1516). Pursuant to Revised Code of Washington(RCW) 19.27.097(1), "Each applicant for a building permit of a building necessitating potable water shall provide evidence of an adequate water supply for the intended use of the building. Evidence may be in the form of. . . a letter from an approved water purveyor stating the ability to provide water. . ." 3. Provide a current King County septic approval from King County Dept. of Permitting and Environmental Review(206-296-6600). Pursuant to Uniform Plumbing Code(UPC)305.2, "When a public sewer is not available for use, drainage piping from buildings and premises shall be connected to an approved private sewage disposal system. " PLANNING DIVISION COMMENTS (Becky Chapin,253-835-2641,rebecca.chapin@cityoffederalway.com) Elevation Plan Requirements Manufactured homes to be placed on single-family lots must have been constructed after June 15, 1976. They must have been originally constructed with, and now have, a roof of composition,wood shake or shingle,coated metal,or similar material of not less than 3:12 pitch; and exterior siding similar in appearance to siding materials commonly used on conventional site-built single-family residences(RCW 35.63.160). • Please provide an elevation drawing of the proposed manufactured home. Specify the height above finished grade to the finished floor, and highest point of the structure.Also, include all finish materials to be used and show all doors and windows. Lot Line Elimination Based on review of King County Assessor's data(enclosed),this site is composed of several underlying lots. The proposed home cannot be constructed over these underlying lot lines. Therefore, it is necessary to record a Lot Line Elimination(LLE)at the King County Recorder's Office. I have enclosed an application and informational handout. The LLE must be completed prior to building permit approval. Tree and Vegetation Retention Pursuant to FWRC 19.120.130, existing trees and vegetation in good health, and not considered to be invasive species, shall be retained on the subject property to the maximum extent possible in all developments.This parcel will have to meet the minimum tree density requirements of 25 tree units per acre.A tree unit is a value assigned to existing retained trees or replacement plantings. The larger the tree the greater the value it is assigned. Indicate tree size in inches based on diameter at breast height(DBH).' Please show trees on property per Federal Way Revised Code(FWRC) 19.120.040(2)and label those trees that are to be removed. If no trees are to be removed,please indicate this on the site plan drawing. 1 Diameter at breast height(dbh)means the diameter of a tree trunk as measured at four and one-half feet above the ground surface. 12-105500 Doc.ID.62900 • i z O Do Not Mt.,et Dehta This Psnn t--POST OVER STUEOUT Invironmen PERMIT TO INSTALUREPAIR SEWAGE DISPOSAL SYSTEM • , Cw,Ny Deperheeet M Peke NeaNh—rnrtre,andai Health Ns. 2 9 8 9 5 . y 011eMawd, 6.2R41 apineeneyer from date atWue0waknMstarted. N. Seabrands Pee $9ir.00" • Perededeole Hereby Qenwd Doti glean Conat., IDC.—to lnateldelitgK iteeidenlWtrgtp m 3 1 6th Ave. SN �'r�aawNvygoaMepNmet i QZ Sny09 By Weals,etP,dtoe/WMper • I c A I. This Penn it authcrYw the installer to undertake endP1 perform work only In aeoordana with ourrehl taen�Ordinances,a�rules and n9wrfau..: ., sMM Weems Mendeda.My ions tto the oor trie Permit Meg Itot oonitaute an wi tiontreryn work ooMenipla(id or a r.prneawbn'tha the NM nr won<wla 4 .t.• AM warn rowela by Ow h deportmentupon completion and beton aore.inp.The work will be Ingre0ee tot oomppaaee -�v, ' . with Cwin MMndnle led Willi 1M eepsa ty el lee a n to adegwlely Wei sewede. ' . • 4..1hI wail le rot inveterate to mem Ws*a ro enabler property. . n,p • Ott a Oerer011.01010eil4 Date Coo rue Required: OK to Oswi Piste Ourer..._...OInpsw red Dote ;.•: r re i r •• :`.` boost Dover lade 00T13 dM1oMr and eenhSavo ok'd rten to cover • r ti , . • APOror 414 Ow"WNW See ler blot sopreses'stolen Mono*and wee pisson!dwing ,r . . lipnstunotkwlin t Dated H In - 1 1 1 A IS 14 t tgt en RD ;more Di Ltldlt. %AG' 1G ,� r /*\ ARtA la• \i- r ►d WATEtc �.o. ' , . 60 / LAW K c I. N / /cloth AL 1 pox V ! /I • 1 • m /" / �I J O c • / / 1Oa9.� a P (e1P /.P05 • ,, t.�• * m.. • 2. 'V-6I 1t o tit `` *• PN3 • §F§Fi • 1 8'[DIL4QM MDotLR.H4MIL -RLOOsc 11.1.RV. M ql,O PtgM51N6 STUIS r t.iV 46.5- L' ` at Lill _ DOWFI SPQUT6 ?O ea DIVCIt.TiD MOM 04A!Wr$ \.� .�R4 .,� AR1LI.- W'!O' 4r bititlAL PtbTR16t1r oi4 • _ • AkCA _ DRAt►.1PtL►,p 1►IVR.it'r AT 51.14f. ISGIt.•..95, ,::: ►A1 �' H J 1AA .tMUM TRt13GN 171LP711'1"b MIL-2.4"'11.1 . •:. IiATIV 11 S41L - DRMKR111.W TO." FD1d:GW --- ' • x 6ROLLNI7 GOt.ITOUR.- 11.15TA1A. Co".OP COVV.R-. ' • ., RLG�D) MAY•swam DP R.G FRJ►'T1 5 ht114/IN. �3 • m • • ' �l{t .'P'ER{�A1T.M'."tSb93":.- f,r<IA, oliot, y, RUN%SILO .It-1D-1!•4 1 1, ••A,, w is4.1..E. i. . .,.. ..., ,. ....65wA‘ • . " k . I t-2-t-(53 P'I6.P06ikL 6)(61-El\i‘ , . R-1 L-20-e MiVI► 27•as SCALE. I'r ZO 4 " , . •I '• • • • SEATTLE-KING COUNTY DEPARTMENT OF PUBLIC HEALTH ADDRESS OF PROPERTY 3712t b Ave. 3W ENVIRONMENTAL HEALTH SERVICES (City) rAP) AS-BUILT SEWAGE DISPOSAL PLAN (SuUmIt in Triplicate) LEGAL DESCRIPTION: PERMIT NO2969,5 Owner Paul Snypp Address 3281t) 42nd Ayr". 3 Auburn phona 952-5281 Builder Address. Phone ..... ,........ Designer Mary Seabrancis Address 20219 SE 34 ..14th Auburn 852-9203 . Installer DonAddress Olson . . Phone . ... . Phone I hereby certify the accompanying drawing Is an accurate representation of the system installed at the listed address. I further certify all recommendations and restrictions(concerning plumbing alup°pat(na,maintenance of grades,fills,surface drains,etc.)listed by moon my approved site plan(or lasted approved revision thereof)dated have been complied with.I further certify that this system meets all • requirements of the Rules and Regulations established under King County Board of Health Rule.Regulations III&IV or City of Seattle Ordinance No.90181 whichever is applicable. 12730 9/14AAILotA•A4'441 9-28 ^134 DENTIPICATE MO. SIONSTVEt OF DESIGNEE DATE TO BE FILLED IN BY HEALTH DEPARTMENT ONLY Date Accepted 142.7:J* -.P4 Data Not Accepted Signature of Sanitarian ..; 111. Remarks! RECEIVED PEO.-71904 SLILITHWEST DISTRICT HEALTH CENTER INSTRUCTIONS: You may use the reverse side of this form for the drawing or attach separate sheet.Use a scale which will permit the greatest detail and still contain the entire site on one page. ATTENTION HOME OWNER: Your septic tank has limitations!It was designed and Installed to care for an average-size family.Overloading the septic tank or disturbance of the drainfield may seriously impair satisfactory operation.Points to remember: 1. Have your tank checked periodically to sea if pumping Is necessary(21/2-3 years). 2. Do not channel ground water,surface water,footing drains or downspouts into the tank or drainflold. 3. Do not excavate.fill,place a structure,driveway or patio in,on,or over the drainfield. 4. Limit toilet fixture disposal to sanitary wastes and toilet tissue. 5. Detergents and bleaches used In normal household quantities will not harm the action of the septic tank and disposal field. co 13.15.111 REV.VIZ >tt 461111/111M/MIIINIM1 • • -- --- .•..,,, , --... .i..._,:., •,-.•...'..1,-,:.,..4...- -: •.::,:-A f.„--..--,,,,,.., ... • .. .... . _. .._ .. . _. ., .: . . . ..,..... .... . .. . . ... •• : • . ,.. 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Thanks for sharing. I highlighted a couple things mentioned in the email that I need resolved. 1. Have you submitted the two letters mentioned? The letter to the planning manager should be sent to Isaac Conlen. 2. As for the letter to the building inspector, I do not think we need. Generally, for fire damage, the owner would file for a demolition permit to remove the building or a building permit to inspect the fire damage. That permit allows the owner to clean up the damage and mess in order to expose the area(s) of damage. The inspector makes an assessment and writes up instructions for the type of permit (s) needed for repair or correction. I know you and I have talked about the demolition permit. If the structure is beyond repair a demolition permit will be required to remove it. Please contact our permit center if you have questions on filing requirements for a demolition permit. As for the lot line elimination I mentioned earlier, I spoke to our planning manager about this and we determined the code will still require a lot line elimination since this is 100% replacement as opposed to a partial fix. I have attached Lot Line elimination information for you. Please contact our permit counter for fees. Fernando Fernandez City of Federal Way Ph #253-835-2623 Fax #253-835-2609 From: paul snypp [mailto:paulsnypp@yahoo.com] Sent: Tuesday, August 11, 2009 12:13 PM To: Fernando Fernandez Subject: Fw: Law Affecting Mobile Home Forwarded Message ---- From: Jim Gauthier <jim@gauthierlawoffices.com> To: paulsnypp@yahoo.com Sent: Thursday, July 30, 2009 4 :26:04 PM Subject: Law Affecting Mobile Home Hi Paul: or ,* I completed my investigation of the requirements to replace the mobile home that was destroyed recently. I then called the City of Federal Way and spoke with their code enforcement person and with your friend, Deb Barker. Both were very helpful. In short, when you have a loss of a structure, the City of Federal Way requires you to notify the building inspector of the loss. He/she looks at the loss and makes a loss report. The date of loss is the springboard upon which the 12 month period runs for replacement of the home. Your mobile home, being a single wide, is not permitted on private lots in FW except for mobile home parks. Minimum of 24x36 is required on a private lot. However, your home was there before the City Code grand fathering you as a nonconforming use. I have attached the rules pertaining to replacement of nonconforming uses that were destroyed. I believe 19.30. 130 (1) applies to you. This section pertains to residential housing. The second section, 19.30.200 appears to relate to commercial structures. I am not sure if rental property is considered business/commercial or residential. I would certainly argue residential. Under the residential provisions, you cannot install a home larger than the last. Any increase kicks in a new application and current codes. I understand that FW will charge a building permit fee but nothing more as you have a right to replace your damaged home. I was told that you would need a septic tank certification. I asked if that was like you get when you sell a home with a drain field and I was told yes. When I spoke to Deb at FW, she stated that we need to write two letters: One to the Building INspector stating the day and time the damage occurred and the scope of the damage. It is important to write this letter to establish the beginning time frame. Deb said not to wait too long because someone may try to argue that it was longer ago than it actually was. If you have photos, news clipping, etc, that should be attached. The inspection is to inspect the damage and write up a report for the file. The second letter is to the Planning Manager. This letter is to set forth the original date the home was put in place. The damage to the home and the percentage of loss. In your case a total loss. A description of the home, dimensions and how it was placed on the lot. We also need to indicate whether there out buildings, like a shed or garage, and what type of septic system we have and the last date it was inspected. They recommend an inspection by a septic person. A. 1 Next, we need to identify the make, mode and dimensions for the replacement home. We will be seeking a continuation of the nonconforming usage which should be granted. After that, they will issue a building permit. You will also need a demolition permit to remove the damaged home. You may have to get an asbestos certification and have any asbestos removed from the mobile before the home can be moved. (I had to do that in order to remove the mobile home on our Lake Tapps project) . The state laws are limited on this type of use. If the home were a conforming use, then you would be given 12 months to begin construction as well. The state laws deal mostly with vesting. I believe the City cannot require any more from you than existed when the home was placed into service. We may need to get permit information from King County since the home was there before the City existed. Let me know what you want me to do. Jim 17 ( CITY OF • (206)661-4000 33530 1ST WAY SOUTH FEDERAL WAY,WA 98003-6210 February 21, 1996 '44 PI I E Paul Snypp 37109 - 5th Avenue SW Federal Way, WA 98023 RE: Building permit #BLD93-0205 Dear applicant: On December 21,1995, the Federal Way City Council adopted Ordinance 95-249. This authorizes the collection of school impact fees for Federal Way School District #210. These fees are assessed and collected at the time the building permit is issued. The fee for a single family dwelling is $1707 and will be collected along with other applicable permit fees. A fee of$1423 is collected for each unit of a multi-family development. Upon review of our records, we discovered that you have a pending building permit for a single family dwelling. Since you may not have been informed previously of this fee and in the spirit of fairness, we would like to offer you an opportunity to pick up your permit. We are allowing a grace period to pick up your pending permit. Therefore, you have until March 22, 1996 to address any outstanding issues and pick up your permit without being assessed the school impact fee. If you have any questions regarding this issue, please contact Kari Cimmer, Permit Specialist, at 661-4117. Sincerely, 4`Cr_ r "� G Richard umma Building Official cc: Kathy McClung Assistant Director of Community Development Services building\impact.fee CITY OF G • (206)661-4000 33530 1ST WAY SOUTH FEDERAL WAY,WA 98003-6210 May 11, 1995 Mr. James Gauthier Gauthier and Swigart, PS 329 East Main Street Auburn, WA 98002 \\•00S. RE: BLD93-0205 BUILDING PERMIT APPLICATION FOR 37109 5TH AVENUE SW, FEDERAL WAY, WA Dear Mr. Gauthier: This letter is in reference to a request for project status and summary of the Paul Snypp mobile home permit at the above referenced site, and the city's street vacation procedures PROJECT SUMMARY Based on King County Tax Assessor records, the applicant owns lots 1 through 11 and 28 through 32, of block 17 in plat of East Tacoma Addition, plus a vacated alley, under tax parcel no. 218820-2440. City zoning for the site is RS 15.0, which allows one dwelling unit per 15,000 square foot lot. (This area was also zoned RS 15,000, with 15,000 minimum square foot lots under King County.) Tax parcel 218820-2440 is listed as 37,075 square feet on the King County Assessor's map. According to King County Tax Assessor records, this tax parcel has had up to four mobile homes at one time. The addresses for these are listed as 37109 - 5th Avenue SW, 37115 - 5th Avenue SW, 37195 - 5th Avenue SW, and 37102 - 6th Avenue SW. There are presently three mobile homes on the parcel: 37115 - 5th Avenue SW, 37195 - 5th Avenue SW, and 37102 - 6th Avenue SW. While the County Assessor's office listed four mobile homes on the tax parcel, only three building permits with septic approval are on file with King County. The mobile home at 37195 - 5th Avenue SW has no permit record. Based on review of the 37115 - 5th Avenue SW county approved plans, there is a possibility that the mobile home at t 37195 - 5th Avenue SW encroaches into the drainfield for 37115 - 5th Avenue SW. c Mr. James Gauthier May 11, 1995 Page 2 PROTECT STATUS On February 25, 1993, the city received building permit application BLD93-0205, which proposed to install a mobile home at 37109 - 5th Avenue SW. This address had been the site of an approved mobile home permitted through a 1984 King County permit. This particular mobile home was remove romht e site by the property owner before the city building permit application was received. Each of the three mobile homes permitted by King County had approved septic systems for sewage dispersal. It has came to my attention that in a February 8, 1994, letter to the applicant, the King County Health Department disapproved the septic permit request for the a mobile home at 37109 - 5th Avenue SW due to the fact that the submitted plot plan was for the original 1984 mo i e ome, w is ad since been removed. In order to approve the mobile home permit, the Health Department requested engineered soil logs, the applicant show that the existing septic system is adequate per current code requirements, and provide a 100 percent reserve area. The King County Health Department decision was appealable within 60 days of the decision; no appeal was filed, nor was the requested information provided. BASED ON THE ABOVE FINDINGS, THE CITY REQUIRES THE FOLLOWING 1. BLD93-0205 for a mobile home at 37109 - 5th Avenue SW is denied by the city because the King County Health Department will not approve the permit application and there are no sewer facilities available at the site. 2. A full copy of the King County building permit for 37195 - 5th Avenue SW must be submitted. If the applicant is unable to provide an approved copy of the King County permit for this mobile home by June 10, 1995, the applicant must apply to the City of Federal Way tor a mobile home permit for this address. Current code standards apply, and the King County Health Department must approve the septic system design. A variance may be required. STREET VACATION The applicant's property is adjacent to SW 371st Street, which is unimproved between 5th and 6th Avenue SW. This unimproved street is approximately 80 feet by 260 feet, or 20,800 square feet in size. The process to vacate public streets is contained in the enclosed Federal Way City Code (FWCC) Article IV, Vacation of Streets, section 13-91 though 13-103. Street vacation hearings are conducted by the City Council. Please contact Pearl Kronstad, Public Works Project Engineer, at 661-4134 for additional street vacation information. A t Mr. James Gauthier May 11, 1995 Page 3 Please contact Ron Garrow at 661-4137 with Public Works related questions, or Deb Barker at 661-4103 for planning related questions about the building permits and document requests. Sincerely, Rely& /O Ron Garrow, PE Deb Barker Senior Development Engineer Associate Planner enc: FWCC Article IV, Vacation of Streets Building Permit Application Mobile Home Standards c: Martin Nordby, Code Compliance Officer Dick Mumma, Building Official Pearl Kronstad, Project Engineer Dave Koperski, King County Health Department SNYPPFIN.LTR January 13, 1994 Mr. Paul Snypp 31000 39th Ave. SW Federal Way, Wa 98023 Re: BLD93-0205 Reconsideration of ROW Requirements Dear Mr. Snypp: The City has received your request for reconsideration of the modification granted September 10, 1993 on the right-of-way improvement requirements to 5th Avenue SW for the above referenced project. The required improvements per the staff letter include constructing a 20 feet wide paved roadway with 6-foot gravel shoulders on both sides of the pavement and associated storm drainage facilities in accordance with the 1990 King County Surface Water Design Manual starting from the end of the current two lane pavement by 36921 5th Ave. SW and continuing south to the end of the platted parcels supporting the proposed residence. The anticipated distance of improvements for the above configuration is over 250 feet and would front currently undeveloped single family residences. The proposed development also consists of the replacement of a previous residence on the subject site. Based on this information, a revision to the granted modification is made with the conditions for development to now read as follows: 1.Per the authority in Section 22-1475 to improve traffic circulation and safety, 5th Avenue SW shall be paved 20 feet wide with 6-foot gravel shoulders on both sides of the pavement and associated storm drainage facilities in accordance with the 1990 King County Surface Water Design Manual starting from the fire hydrant located near the northeast corner of the intersection of 5th Ave. SW and SW 371st St. and proceeding south 150 feet or to the south end of the platted parcels supporting the proposed residence,whichever is longer. 2.A No-Protest Agreement shall be signed and recorded for future formation of a Local Improvement District to further improve the existing frontage roadway system. We need to determine if anyone else (besides yourself) has ownership rights in the property associated with this building permit. Once we receive this ownership information from you, we will provide you with the agreement for completion and signature. You will also need to include a check for$8 made payable to the King County Records and Elections Department to cover document recording costs. No further reconsideration of this matter will be made. If there are any questions regarding this issue,please give me a call at 661-4137. Sincerely, Ronald Garrow,P.E. Sr. Dev. Engineer c: Ken Miller Skip Tullock Sept. 10, 1993 Mr. Paul Snypp 31000 39th AVe. SW Federal Way, Wa 98023 Re: BLD93-0205 Request for Waiver of Street Improvements Dear Mr. Snypp: The City has received your request for waiver of the required street improvements to 5th Avenue S. for the above referenced project. The required improvements per the City Code include constructing a 28-foot wide paved road with vertical curbs and gutters, landscape strips, 5-foot wide sidewalks, and associated storm drainage improvements. The property is fronted by a one lane gravel road with no significant shoulders. The two lane asphalt roadway ends at the south property line of the lot addressed as 36921 5th AVe. S. From there the road continues for a short distance with one lane of pavement. Beyond that to the south and in front of the subject site the road is gravel. The driveways across from the street are constructed of concrete. Based on this information, a modification(not a waiver) is granted with the following condition: 1.Per the authority in Section 22-1475 to improve traffic circulation and safety, 5th Avenue S. shall be paved 20 feet wide with 6-foot gravel shoulders on both sides of the pavement and associated storm drainage facilities in accordance with the 1990 King County Surface Water Design Manual from the end of the current two lane pavement by 36921 5th Ave. S. to the south end of the platted parcels supporting the proposed residence. 2.A No-Protest Agreement be signed and recorded for future formation of a Local Improvement District to further improve the existing frontage roadway system. Enclosed is a No-Protest Agreement form for your completion and signature. Please return the executed form along with a check in the amount of$9.00 made payable to King County Records and Elections for the recording of the document. If there are any questions regarding the above condition,please call Skip at 661-4132. Sincerely, Ronald Garrow, P.E. Sr. Development Engineer