2011-01-05 HEX# 10-008 Staff ReportA 1%
CITY OF
Federal Way
DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES
STAFF REPORT TO THE
FEDERAL WAY HEARING EXAMINER
Reagan Residential Variance
Process IV `Hearing Examiner's Decision'
Federal Way File No. 10- 1 04032-00-UP
PUBLIC HEARING
Wednesday, January 5, 2011, 2:00pm
City Council Chambers
Federal Way City Hall — 33325 8th Avenue South, Federal Way, WA 98003
Staff Contact: Matthew Herrera, Associate Planner
Phone: 253-835-2638 / Email: matt.herrera@cityoffederalway.com
Report Date: December 22, 2010
I. PROJECT INFORMATION
Recommendation: Staff recommends approval of the residential variance request with the
added condition of permeable or pervious paving for the parking area
adjacent to the garage. This recommendation is based on the findings and
conclusions outlined in this report.
Owner/Applicant: Kirk and Denise Reagan, 11410 Farwest Dr. SW, Lakewood, WA 98498
Agent: David Boe, Boe Architects, 705 Pacific Avenue, Tacoma, WA 98402
Request: The applicant is requesting a residential variance to the ten percent lot
coverage maximum regulations for detached dwelling units within SE
zones pursuant to Federal Way Revised Code (FWRC) 19.195.010.
Location: 4342 SW 307t' Street, Federal Way, WA (APN 112103-9071)
Zoning/Density: Suburban Estate (SE) — One dwelling unit per 5 acres
Comprehensive
Plan Designation: Single -Family Low Density Residential
IL EXHIBIT LIST
Exhibit A — Maps
Exhibit B — Process IV Variance Master Land Use application
Exhibit C — Existing and Proposed Site Plans
Exhibit D — Notice materials
Exhibit E — Proposed architectural elevations submitted for prior preapplication conference
Exhibit F — Prior variance decision issued November 23, 2005
Exhibit G — Applicant's responses to decisional criteria
Exhibit H — Site photos
III. PROCESS IV `HEARING EXAMINER'S DECISION' PROCEDURAL INFORMATION
Pursuant to FWRC 19.45.010, the city shall use Process IV to review and decide upon variances
to eligible regulations set forth in Title 19 `Zoning and Development Code.' Pursuant to FWRC
Chapter 19.70, the Hearing Examiner will make the initial decision within 120 days of the
issuance of a Letter of Complete Application and following a public hearing.
City Council will decide appeals from the Hearing Examiner's decision. The decision may be
appealed by the following parties: (1) the applicant; (2) persons who submit written or oral
comments to the Hearing Examiner; (3) persons who specifically request a copy of the written
decision; or (4) the city. A written notice of appeal must be delivered to the department within 14
calendar days after issuance of the decision. The scope of appeal is limited to the errors of law
raised or the specific factual findings and conclusions disputed in the notice of appeal.
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IV. ADJACENT PROPERTIES
The comprehensive plan designation, zoning designation, and existing land uses of the adjacent
properties are outlined in the table below. Maps generated by the city's Geographic Information
Systems (GIS) database and King County IMAP are attached as Exhibit A.
Comp. Plan
Zoning
Land Use
Site
SF Low Density Residential
Suburban Estate (SE)
Single -Family Res.
North
N/A
N/A
Puget Sound
South
SF Medium Density Residential
Single -Family Residential (RS)
Single -Family Res.
East
SF Low Density Residential
Suburban Estate (SE)
Single -Family Res.
West
SF Low Density Residential
Suburban Estate (SE)
Single -Family Res.
V. FINDINGS OF FACT
Proposal — The applicant submitted a Residential Variance Master Land Use application
September 22, 2010 (Exhibit B). The applicant has requested a variance to SE zoning lot
coverage maximums for detached dwelling units prescribed in FWRC 19.195.010. The
applicant's proposed site plan redevelopment (Exhibit C) includes lot coverage of
approximately 18 percent, which exceeds the 10 percent maximum allowed in SE zones.
Highlights of the proposed and remaining impervious surfaces include the following:
a. 4,030 square -foot building footprint (2,838 house and 1,192 garage);
b. 2,027 square -foot impervious driveway;
c. 1,850 square -foot permeable paving parking area; and
d. 160 square -foot concrete walkway that will remain post redevelopment.
2. Property Information — The property is a 48,351 square -foot (1.11 acre) lot located in the
northwestern portion of the city and along the Puget Sound shoreline. The current and
proposed single-family use is permitted in the SE zone. The applicant has calculated the
existing lot coverage at 8,527 square feet or 17.6 percent. Vehicle access to the city's nearest
right-of-way is via a private road (SW 307'h Street) located on the southern portion of the
property. Topographic data provided by the applicant and accessed from King County IMAP
database detail the property's high bluff characteristics. The city's critical areas map has
designated portions of the property as geologically hazardous areas with erosion hazard and
landslide hazard characteristics.
Procedural Benchmarks — The city issued a Letter of Complete Application within the 28 day
mandated timeline on October 8, 2010. The Notice of Application was issued on October 9,
2010. Pursuant to FWRC 19.70.060, the notice was published in the Federal Way Mirror,
posted on the city bulletin boards, mailed to property owners within 300 feet of the subject
property, and posted on the subject property. The Notice of Public Hearing was issued
December 15, 2010, published in the Federal Way Mirror, posted on city bulletin boards, and
mailed to property owners within 300 feet of the subject property. Procedural documents and
affidavits are included in Exhibit D.
4. Public Comments — As of the date of this staff report, no comments have been submitted to
the Department of Community Development Services.
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5. Compliance with SEPA — The variance request is categorically exempts from threshold
determination requirements of the State Environmental Policy Act.
6. Nonconforming Lot Size — The King County Department of Assessments has listed the
subject property lot size as 1.11 acres (48,351 square feet). Pursuant to FWRC 19.195.010,
detached dwelling units located in SE zones require a minimum lot size of 5 acres. Therefore,
the lot is nonconforming.
Legal Building Site — Although the lot size does not meet current density regulations,
redevelopment with one detached dwelling unit may occur as the subject property retains its
legal building site status due to the home built on the subject property in 1936. FWRC
19.105.010(2) allows an applicant to build one detached dwelling unit on a lot or parcel
regardless of the size of the lot or parcel if there is or has ever been a residence on the subject
property.
Nonconforming Development — Existing improvements include 4,300 square feet of gross
floor area.2 The proposed scope of work includes a full tear down of the existing house with
new improvements totaling 4,792 square feet of gross floor area, or a 492 square -foot
increase of gross floor area (Exhibit E). Pursuant to FWRC 19.30.090(1)(c)(iii), single-
family residential construction that involves an increase in gross floor area is subject to all
current applicable requirements of the Zoning and Development Code. Additionally, the
proposed scope of work will likely exceed nonconforming thresholds pursuant to FWRC
19.30.090(f) as work will exceed 50 percent of the assessed or appraised value of the existing
improvement.3 Therefore, the proposed project is subject to all current zoning regulations.
Historical Zoning Information — Within the years 1980 to 1990, the subject property's zoning
has changed from four units per one acre to one unit per five acres with an associated
decrease in maximum lot coverage. This began prior to the city's incorporation with the
Federal Way Revised Community Plan and Area Zoning, adopted by King County ordinance
4733 on February 4, 1980. This ordinance changed the subject property's RS 9600
designation4 to Suburban Estate (SE) due to conflicts with the King County Shoreline Master
Program. The county's SE established a 35,000 square -foot minimum lot size and 35 percent
lot coverage maximum.
Upon the city's February 27, 1990 incorporation, the adoption of its initial zoning maps via
ordinance 90-43 maintained the SE zoning designation in name only. The city's adopted SE
density regulations require a five acre minimum lot size and 10 percent lot coverage
maximum per dwelling unit. The city's change in SE regulation resulted in the subject
property and several adjacent properties (Exhibit A) becoming nonconforming due to size
and lot coverage.
10. Lot Coverage — Pursuant to FWRC 19.110.020, the city calculates lot coverage using features
of the built environment such as structures, pavement, and any other impervious surfaces.
Exceptions to these attributes, which are not included in lot coverage calculation, are: (1)
I
Washington Administrative Code 197-11-800(6)(b)
2
2,390 s.f total living; 1,390 s.f total basement; and 520 s.f attached garage
3
$98,000 per 2011 tax year assessments by King County
4
9,600 square -foot minimum lot size.
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wood decks with gaps and pervious surface below; (2) vehicle access easements; and (3) one-
half of an area covered with grass grid pavers.
Current code regulations do not credit the use of permeable or pervious paving when
calculating lot coverage. Therefore, the applicant's proposed pervious parking area is
considered in the overall lot coverage calculation.
11. Related Variance Decision — On November 23, 2005, the city Hearing Examiner granted a lot
coverage variance (Exhibit F) to the abutting property located at 4338 SW 307`h Street. The
applicant requested the variance to accommodate a concrete patio, driveway, and parking
area. The decision granted a variance to exceed the 10 percent lot coverage maximum in
order to pave the driveway, but did not extend to the variance to allow paving of the patio and
parking area.
12. Site Visit — Staff conducted a site visit on December 8, 2010, to verify accuracy of the site
description and conditions.
13. Further Review — This recommendation is limited to review of the lot coverage variance
request. Detailed structural, shoreline, and critical areas review did not occur. If the variance
is approved, the applicant will be subject to building, zoning, environmental, and other
codes/regulations applicable to the proposal.
VI. CONCLUSIONS
The following conclusions are drawn from the previous findings of fact. The applicant is subject
to variance decisional criteria set forth in FWRC 19.45.030 and Process IV decisional criteria set
forth in FWRC 19.70.150(3). The applicant's responses to decisional criteria are attached in
Exhibit G. Staff responses to decisional criteria are italicized.
Variance Decisional Criteria
1. That the variance will not constitute a grant of special privilege inconsistent with the
limitations upon uses of other properties in the vicinity and zone in which the subject
property is located.
The applicant has proposed home improvements comparable to the lot's desirable location as
it relates to territorial views and proximity to Puget Sound. The proposed 4,792 square foot
home, 20 foot -wide driveway, and 1,850 square foot pervious parking area abutting the
garage does not result in an inconsistency with surrounding dwellings in the SE zone (Exhibit
A). Currently, five of the nine undersized lots within the SE zone contain houses and
accessory buildings in excess of 4, 000 square feet of gross floor area. Additionally, the
abutting property located at 4338 SW 307th Street received a variance to exceed the lot
coverage maximum to include a paved driveway on November 23, 2005. Therefore, staff
concludes the variance will not constitute a grant of special privilege.
2. That the variance is necessary because of special circumstances relating to the size, shape,
topography, location, or surroundings of the subject property to provide it with use rights and
privileges permitted to other properties in the vicinity and zone in which the subject property
is located.
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As referenced in previous findings of this report, the subject property was originally
developed under a denser single-family residential zoning ordinance. Upon city
incorporation, the county SE zoning designation was transferred to the subject property in
name only. At the time of incorporation, King County's density requirement for SE zoned lots
was one dwelling unit per 35, 000 square feet with a lot coverage maximum of 35 percent.5
The city's density requirement for SE zoned lots is one dwelling unit per 5 acres with a lot
coverage maximum of 10 percent.
The city's SE development standards are based on the assumption that each parcel has a
minimum of five acres allowing 21,780 square feet of lot coverage for a five -acre parcel. As a
result of the site being zoned SE but having a lot size of 48,351 square feet, the maximum lot
coverage permitted for this site is 4,835 square feet. The city's incorporation effectively
reduced the property's lot coverage maximum more than threefold.
Pervious surfaces such as grass grid pavers, which are calculated at one-half their actual
coverage, are not proposed for the driveway due to its 13 percent slopes. Best management
practices do not recommend pervious surfaces with slopes greater than five percent slopes
due to loss of infiltration capabilities on such grade changes. Pervious paving is proposed for
the relatively flat parking area adjacent to the garage.
Therefore, staff concludes the variance is necessary due to special circumstances relating to
the size and topography of the property.
3. That the granting of the variance will not be materially detrimental to the public welfare or
injurious to the property or improvements in the vicinity and zone in which the subject
property is located.
Development on the site must be designed and constructed in accordance with all other
development standards of the Suburban Estate zoning district pursuant to F"C 19.195. 010
including, but not limited to, building height, required yards, and parking. Additionally, any
single-family detached dwelling unit will have to meet all applicable environmentally
sensitive areas, stormwater, and utility connection requirements, as well as building, fire,
electrical, and plumbing codes.
Approximately 2, 027 square feet of the lot coverage is attributed to pervious concrete
parking area adjacent to the garage. These surfaces allow stormwater to filter through voids
within the pavement and infiltrate into the underlying ground as an alternative to the current
sheet flowing of stormwater offsite. Staff finds this an appropriate method of mitigating
effects of lot coverage and recommends the proposed pervious paving as a condition of the
variance approval.
Granting of the variance is not anticipated to have adverse effects resulting from lot
coverage, as the applicant will be required to comply with the 2009 King County Surface
Water Design Manual to mitigate stormwater impacts of the proposed improvements.
Therefore, staff concludes that granting of the requested variance will not be materially
detrimental to the public welfare or injurious to the property or improvements in the vicinity
and zone.
5
Prior to the city's incorporation, the subject property would be permitted 16,923 square feet of lot coverage.
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4. That the special circumstances of the subject property are not the result of the actions of the
owner of the subject property.
As stated previously, the special circumstances related to the subject property are the result
of the city's incorporation and adoption of increased lot sizes for SE zoned lots.
Process IV Decisional Criteria
1. It is consistent with the comprehensive plan.
The Federal Way Comprehensive Plan (FWCP) contains goals and policies to help guide
growth and development of the City. The FWCP provides general policy framework as a
basis for implementing development regulations and other city programs.
The subject lot is designated as Single -Family — Low -Density by the FWCP, and zoned SE —
Suburban Estate. An applicable policy in the FWCP Housing Chapter is as follows:
HGI Preserve and protect the quality of existing residential neighborhoods and require
new development to be of a scale and design that is compatible with existing
neighborhood character.
The applicant is proposing to construct a reasonably sized home with associated
appurtenances that would not be inconsistent with the scale and design of other residences in
the neighborhood.
2. It is consistent with all applicable provisions of this title and all other applicable laws.
Upon review of the variance proposal, city departments and agencies with jurisdiction
offered no objections to the proposed variance in relation to the decisional criteria. If the
variance is approved, improvements on the subject property must comply with all other
development standards and code requirements.
3. It is consistent with the public health, safety, and welfare.
Upon review of the variance proposal, city departments and agencies with jurisdiction
offered no objections to the proposed variance in relation to public health, safety, and
welfare. If the variance is approved, improvements on the subject property must comply with
all other development standards and code requirements. Surface water runoff from lot
coverage impacts will be mitigated via compliance with the 2009 King County Surface Water
Design Manual. As the property was originally developed prior to building, surface water
and other environmental regulations, health, safety and welfare should be improved as a
result of the variance.
4. The streets and utilities in the area of the subject property are adequate to serve the
anticipated demand from the proposal.
The subject lot fronts on SW 307th Street, which is a private roadway serving eight private
residences. The capacity of 307th Street and the street network in the vicinity is sufficient to
accommodate the demand from a single-family detached dwelling unit on the subject
property. All urban utilities serving the existing home will be transferred to the new home if
the variance is granted. The requested variance to allow the increase in lot coverage would
not result in any additional impacts to the streets and utilities in the area.
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5. The proposed access to the subject property is at the optimal location and configuration for
access.
Access to the lot is from private road 307`h Street SW. The location of the access point along
the lot frontage is the optimal location and configuration to reach the closest right-of-way
43'd Ave SW. The lot coverage variance request would not result in any modification to the
access to the single-family residence.
Traffic safety impacts for all modes of transportation, both on and off site, are adequately
mitigated.
If the variance is granted, the applicant will be required to adequately mitigate any traffic
safety inadequacies applicable to the site redevelopment. Such review would be a component
of the single-family building permit. No mitigation is required as a result of granting the lot
coverage variance.
TRANSMITTED TO THE FOLLOWING PARTIES:
Hearing Examiner — Phil Olbrechts, Olbrechts & Associates, 18833 NE 741h Street, Granite Falls, WA 98252
Project Applicant — Kirk and Denise Reagan, 11410 Farwest Drive SW, Lakewood, WA 98498
Applicant Agent — David Boe, Boe Architects, 705 Pacific Avenue, Tacoma, WA 98402
Federal Way Staff — Matthew Herrera, Associate Planner / Isaac Conlen, Planning Manager / Peter Beckwith, Assistant City
Attorney
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