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95-102620 a,,, G LAND USE APPLICATION + s 3 E C E l V E D DEPARTMENT OF COMMUNITY DEVELOPMENT 4 c r 0 5 1995 M e H 33530 1st Way South♦Federal Way,WA 98003 C Or IT r WAY June 4, 1995 APPLICATION NO. S -1 ��ry T. Date �eg- c\5—COR 5 CPl;ocr SS Two) 5 E'P eN 5 —0)a`7 Agent Name of Applicant R. Greg Otto / Doris A. Messier Owner Same Address P.O. Box 12003 P tland, OR 97212 pht ,,. (503) 287-3142 Signature �--1 7r2 ' Owner Name/Address Same Phone (f different than applicant) Z l Property Location - 2 8 th Ave. S. Kroll 119 E. Zone iS 7 2— Legal Description Lot 92 of STR 09-21-04 Project Description Build dwelling unit that requires shoreline variances Parcel Number(s) 092104-9092 Type of Permit Required: SEPA Notice Sign Checklist Mailed Board Site Plan Review R R * Land Surface Modification R R * Boundary Line Adjustment Binding Site Plan R R R Short Subdivision * * * Subdivision R R R S °,reline ® R * (Variance) R R R Conditional Use R R R Use-Process I R R * Use -Process II R R R Use-Process III R R R Quasi-Judicial Rezone R R R Variance R* R R Comp. Plan/Rezone R R Annexation R R Lot Line Elimination *Pre-Application Meeting R = Required * = Optional by City MAS ThLA. RM FEDERAL WAY COMMUNITY DEVELOPMENT SERVICES DEPARTMENT REPORT TO THE FEDERAL WAY HEARING EXAMINER MESSIER RESIDENCE Federal Way File No. SMP95-0004/UPR95-0025 Related files: UPR95-0013, SEP95-0024 and SPR95-0014 PUBLIC HEARING - February 13, 1996 2:00 P.M. CITY COUNCIL CHAMBERS FEDERAL WAY CITY HALL - 33530 1ST AVE SW (206-661-4118) Report Prepared by: Bill Kingman, AICP, Associate Planner I TABLE OF CONTENTS I. SUMMARY OF PROPOSED ACTION 1 II. GENERAL INFORMATION 1 III. HISTORY AND BACKGROUND 2 IV. AGENCIES CONTACTED BY FEDERAL WAY 2 V. NATURAL ENVIRONMENT 3 1. Topography 2. Soils 3. Hydrography 4. Vegetation 5. Mapped Critical Areas VI. SITE AND NEIGHBORHOOD CHARACTERISTICS 3 VII. GENERAL DESIGN 4 VIII. THRESHOLD DETERMINATION OF ENVIRONMENTAL SIGNIFICANCE 4 IX. PROCESS II SHORELINE SETBACK VARIANCE 5 X. PROCESS I REGULATE LAKE SETBACK INTRUSION 7 XI. PROCESS II HEARING EXAMINER DECISIONAL CRITERIA 9 XII. FINDINGS OF FACT 10 XIII. RECOMMENDATION 13 t ' EXHIBITS Exhibit A Topographic Map, South Elevation and Proposed Footprint for House (three drawings) received December 11, 1995. Full size drawings submitted to only the Federal Way Hearing Examiner. Exhibit B Site Plan Approval dated December 28, 1995 Exhibit C Lakehaven Utility District letter dated October 24, 1994 Exhibit D SEPA decision issued November 16, 1995 Exhibit E SEPA comment letter dated November 28, 1995 Exhibit F SEPA city response letter dated December 8, 1995 ....`. : .. '..'..,... .,... •� .•.•. ... _.''..:::. ......:a: .a. ,.. ..... ..... .a.....a.,.a..,....v a..,... ..i.w. .v..wwa a...v.vaJJJa:aaia.:a:.:....,)..w.a14aT:'a w-urnaiauJ.:Jv:a;a;va:•;.:•.:.:.•v.,.TeSI 4 A SUMMARY OF PROPOSED ACTION The proposal is to construct a 1800 square foot (sf.) residence on a 4550 sf. waterfront lot abutting Steel Lake (Exhibit A). Process II shoreline variance is requested to intrude within the shoreline setback of 20 feet and Process I approval is requested to intrude within the regulated lake setback of 25 feet. Both requests are due to a sewer line crossing the subject lot. II. GENERAL INFORMATION Location: 30521 28th Avenue South Owner/ Developer: Greg Otto & Doris Messier POB 12003, Portland OR 97212 Phone: 503-287-3142 Zoning: RS 7.2, Single Family Residential, 7,200 square foot lot size (According to the Federal Way Zoning Map) Comprehensive Plan Designation: High Density Single Family Lot Size: 4550 square feet (according to the King County Assessor Map). S-T-R 9-21-04 Proposed Use: The proposal is to construct a 1800 square foot residence on a 4550 square foot waterfront lot. Sewage Disposal: Federal Way Water and Sewer District Water Supply: Federal Way Water and Sewer District Fire District: No. 39 - Federal Way School District: No. 210 - Federal Way 1 4- III. HISTORY AND BACKGROUND A Process II shoreline setback variance application (File no. SMP95-0004/UPR95- 0025) was submitted to the City of Federal Way ("City") October 2, 1995. Related applications include: Process I regulated lake setback intrusion(UPR95-0013), site plan (SPR95-0014) and SEPA review (SEP95-0024). Attached is the site plan approval dated December 28, 1995 (Exhibit B). A shoreline variance is necessary because the residence is proposed to be setback five feet from the ordinary high water mark(OHWM) of Steel Lake. This is 15 feet within the 20 foot shoreline setback requirement of the city's shoreline master program. The shoreline variance is requested due to an existing sewer line and 10 foot wide easement which traverses the site in a north/south orientation therefore reducing the developable portion of the lot. Lakehaven Utility District will not allow any intrusion within the easement or relocation of the sewer line (Exhibit C). The shoreline variance shall be reviewed under the provisions of Process II review as required by Federal Way City Code ("FWCC") Section 18-166(c). The Process II decisional criteria is discussed in Section IX of this report for Hearing Examiner decision. A regulated lake setback intrusion is also requested because the residence is proposed five feet from the OHWM of Steel Lake. This is within a FWCC "regulated lake" setback which is 25 feet wide. The proposal is classified as a "other intrusion" pursuant to FWCC Section 22-1334(4) and may be allowed pursuant to Process I approval. However, the Process I regulated lake intrusion decision will be made by the Federal Way Hearing Examiner due to the related Process II shoreline setback variance. The regulated lake setback intrusion shall be reviewed under the provisions of FWCC Section 22-1334(2). The Process I decisional criteria is discussed in Section X of this report for Hearing Examiner decision. IV. AGENCIES CONTACTED BY FEDERAL WAY As part of the review by City staff, site visits were conducted in addition to circulating the proposal to the following Development Review Committee members for comments: * Federal Way Public Works Divisions. * Federal Way Building Department. * King County Fire District #39. * Lakehaven Utility District. Comments from the above agencies were examined and incorporated into the report, where indicated. 2 V. NATURAL ENVIRONMENT 1. Topography: The lot slopes down eight feet from 28th Avenue South to Steel Lake (a 15 percent grade). No geologically hazardous areas are located on or within 25 feet of the lot. 2. Soils: The 1973 USDA Soil Conservation Service's (SCS) Soil Survey for the King County Area classifies the soils as Arents (AmC). Runoff potential is medium. Erosion hazard is moderate to severe. The lot is not in a problem area relative to erosion and steep slope hazard areas as identified by the King County and City of Federal Way Sensitive Areas maps. Approximately 19 cy. of fill will be imported for the driveway. 3. Hydrography: The lot abuts Steel Lake, a 19.2 acre freshwater lake developed with residential homes. Steel Lake is identified as a regulated lake by the FWCC and wetland by the King County Wetland Inventory, Washington State Department of Wildlife and U.S. Fish and Wildlife Service. Regulated lake permit and design requirements take precedence over wetland permit and design requirements due to the type of wetland (open water), developed nature of Steel Lake and proposed scope of work. The residential storm drainage facility will collect water from the driveway, remove petrochemicals, heavy metals and other materials associated with automobiles via a oil/water separator and biofiltration swale prior to release to Steel Lake. Building roof drains will be tightlined directly to Steel Lake. The entire system will be designed in accordance with all applicable requirements of the King County Surface Water Design Manual. 4. Vegetation: Three alder trees, various shrubs and groundcover exist on the site. No significant trees are located on the site. All existing vegetation will be replaced with residential type landscaping with construction of the house. 5. Mapped Critical Areas: Abutting Steel Lake is classified as a wetland type critical area as described in the Hydrography section of this report. No significant adverse environmental impacts related to this proposal were identified through the SEPA review. VI. SITE AND NEIGHBORHOOD CHARACTERISTICS The 35 by 130 foot long lot is bounded by 28th Avenue South on the east and Steel Lake on the west. Approximately 2503 sf. of the lot is below the waterline of Steel Lake and as such may not be included in lot coverage calculations. Net lot area above Steel Lake is approximately 2047 sf. The lot is located in a urbanized neighborhood. 3 Residences are located to the north, east and south of the subject site. The entire shoreline of Steel Lake is developed with single family residences with exception of the Chateau Le Clare Apartments which are located at the extreme west end of the lake. Urban utilities and services are nearby to service the site. The lot is substandard in terms of lot size. Minimum lot size for the subject property is 7200 sf., as established by FWCC. The entire lot, including the underwater portion, is 4550 sf. Even so, it may be developed because it is classified as a "legal building site" pursuant to FWCC Section 22-953. In summary, development may occur on the lot because the lot was recorded with King County Assessors Office prior to February 28, 1990 and has not been simultaneously owned by the owner of a contiguous lot subsequent to that date. VII. GENERAL DESIGN The proposed 1800 sf. three story residence is 29 feet tall. Parking is provided both within and in front of the structure. Vehicular access is provided from 28th Avenue South. The "Driveway Turnaround" shown on Exhibit A, Topographic Map, will be used only for vehicle maneuvering. This feature is necessary due to reduced sight distance on 28th Avenue South and the applicant's and city' desire to not back cars directly onto 28th Avenue South. Parking will not be allowed in this area as a condition of the building permit. A decision regarding whether or not street improvements are required within 28th Avenue South will be made with the related building permit application. In any case the applicant will be required to sign a No Protest to Future Local Improvement District Agreement as a condition of the building permit. VIII. THRESHOLD DETERMINATION OF ENVIRONMENTAL SIGNIFICANCE The responsible official for the City of Federal Way issued a Determination of Nonsignificance ("DNS") November 16, 1995 for the proposal (Exhibit D) pursuant to the State Environmental Policy Act (SEPA). The determination was based on review of information in the application and resulted in the conclusion that the proposal would not result in probable significant adverse impacts on the environment. Affected agencies, tribes, and the public were offered the opportunity to comment on or appeal the determination for 29 days. One comment letter (Exhibit E) was submitted November 28, 1995, during the comment period which expired December 1, 1995. The city responded to the letter December 8, 1995 (Exhibit F). No appeals were submitted during the appeal period which concluded December 15, 1995. No changes or corrections were made to the City's initial determination. 4 .. .. .... ...... .... .. .. .. ....�. a.. ,. .. .. .. ...a. ._ a..... ..... ..... .. .... ..... ...,.. ..an.. :hlShbl u5t5ha•...S:w1M_ IX. PROCESS II SHORELINE SETBACK VARIANCE A Process II shoreline setback variance is requested to intrude within the 20 foot wide shoreline setback due to the location of a sewer line crossing the lot. In summary, the variance is to allow the proposed residence five feet from the OHWM of Steel Lake. Pursuant to the state Shoreline Management Act and Federal Way Shoreline Master Program the purpose of a shoreline variance is to grant relief to specific bulk, dimensional or performance standard(s) set forth in the shoreline master program where there is an extraordinary or unique circumstance relating to the property such that the strict implementation of the shoreline master program would impose unnecessary hardship on the applicant or thwart the policies of the Shoreline Management Act. A variance from the standards of the master program may be granted only when the applicant demonstrates all decisional criteria of FWCC Section 18-166(c) are met. Below are the six criteria and applicant and city responses. 1. That the strict requirements of the bulk, dimensional or performance standards set forth in the master program precludes or significantly interferes with a reasonable use of the property not otherwise prohibited by the master program. Applicant Response: (no response) City Response: The city's shoreline master program requires a 20 foot setback from the OHWM of Steel Lake. A setback of five feet is proposed which provides a 600 sf. floor area for each of the three floors. Strict adherence to the shoreline setback would require the building be setback 20 feet from Steel Lake, leaving approximately a 230 sf. floor area between the lake setback and sewer easement. The applicant has worked diligently to insure the variance is the minimum necessary to provide a functional site and building floor plan. All other related residential dimensional requirements such as side and front yard setbacks, building height, lot coverage, parking and drainage are met. 2. That the hardship described above is specifically related to the property, and is the result of unique conditions such as irregular lot shape, size, or natural features, and the application of the master program, and not for example, from deed restriction or the applicant's own actions. Applicant Response: The variance is necessary because a sewer line runs diagonally through the lot at a point 17 feet into the lot on the south property line, and at a point 24 feet into the lot on the north property line (refer to Exhibit A, Topographic Map). The size of the lot and the configuration of the sewer easement create a hardship that can only be alleviated by a variance from the shoreline setback area. 5 City Response: The hardship is related to unique conditions of the property, i.e., previously constructed sewer line across the lot and subsequent Lakehaven Utility District denials of property owners request to intrude within the sewer easement. Lakehaven Utility District, in this case, will not allow any improvement within the sewer easement or relocation of the line, therefore creating a hardship for the property owner. The sewer easement created in 1962 did not include compensation to the property owner or restrict future development of the lot. The owner did not create the hardship. 3. That the design of the project will be compatible with other permitted activities in the area and will not cause adverse effects to adjacent properties or the shoreline environment. Applicant Response: The special circumstances of the subject property are due to a sewer easement granted in 1962. The easement pre-dated shoreline regulations and under current requirements allows insufficient room to build a single family dwelling. Lakehaven Utility District has been approached on several occasions to allow encroachment on the sewer easement. They have denied any encroachment on the existing sewer easement (see Exhibit A, Topographic Map). City Response: Appropriate Shoreline variance distance which may be supported is determined by calculating the "common line setback" as defined by the State Department of Ecology. Specifically, "common line setback" is determined by a straight line drawn between the mid-points of each dwelling abutting the subject property. In this case the "common line setback" matches the ordinary high water mark of Steel Lake. The proposed five foot setback exceeds the allowable "common line setback" by five feet as shown on Exhibit A, Topographic Map. Proposed building height of 29 feet is less than the maximum Shoreline Management Act building height limit of 35 feet and FWCC height limit of 30 feet. Shoreline views of abutting homes will not be adversely affected by the proposal. The proposal's design will be compatible with other permitted homes and not cause adverse effects to adjacent properties or the shoreline environment. 4. That the variance authorized does not constitute a grant of special privilege not enjoyed by other properties, and will be the minimum necessary to afford relief. Applicant Response: The variance will not constitute a grant of special privilege. Several homes in the area are within the shoreline setback and/or allow parking in the setback. Two homes, adjoining to the north, are within the shoreline setback and/or allow parking in the setback (see Exhibit A, Proposed Footprint). 6 City Response: The abutting property to the north of the subject property extends over Steel Lake and is located over the Lakehaven Utility District sewer line. The abutting residence to the south of the subject property is located approximately 18 feet from Steel Lake and does not extend over the sewer line. Many residences on Steel Lake are closer than 20 feet to the lake. The variance will not constitute a grant of special privilege and is the minimum necessary to provide the lot within reasonable use. 5. That the public interest will suffer no substantial detrimental effect. Applicant Response: Granting of the variance will not be detrimental to the public welfare or injurious to the property or improvements in the vicinity. Two adjacent homes are closer to the shoreline than what we are requesting and one has parking in the setback (see Exhibit A, Drawing #3). Our dwelling will be in keeping with the use of surrounding properties and does not request anything other properties don't enjoy. City Response: No public interest will suffer if the variance is granted. The proposal conforms with all applicable development requirements such as sideyard setbacks, lot coverage, building height, parking, access and drainage. All utilities will be provided to the proposal. No public health impacts were identified during the environmental review of the proposal. No views of adjacent properties will be affected by the proposal. 6. That consideration has been given to the cumulative effect of like actions in an area where similar circumstances exist, and whether this cumulative effect would be consistent with shoreline policies or would have substantial adverse effects on the shoreline. Applicant Response: (no response) City Response: Homes have been constructed on the majority of the lots within the neighborhood. Several were constructed over the sewer line. The cumulative effect of granting the variance would have no substantial effect on the shoreline which is substantially developed with urban density residential uses. X. PROCESS I REGULATED LAKE SETBACK INTRUSION The residence is proposed within a FWCC defined "regulated lake" setback which is 25 feet wide. The residence is proposed to be setback five feet from the OHWM of Steel Lake. The proposal is classified as a "other intrusion" by FWCC Section 22- 1334(4) and may be allowed pursuant to Process I approval. However, the Process I regulated lake intrusion decision will be made by the Federal Way Hearing Examiner, 7 as opposed to the Director of Community Development Services, because FWCC Section 22-387 states development proposals with both Process I and II applications shall be decided by the Hearing Examiner via Process II. Accordingly, below are the four Process I regulated lake setback intrusion decisional criteria of FWCC Section 1334(2) and city responses. 1. The proposal is necessary for reasonable use of the property. City Response: The subject lot is divided by a Lakehaven Utility District sewer line and easement running in a north/south direction. The District will not allow any intrusion within the sewer easement or relocation of the line. This necessitates requesting approval to intrude within the regulated lake setback in order to provide adequate area for construction of a residence of comparable size to other properties in the area. Appropriate regulated lake setback intrusion distance is determined by calculating the "average setback distance" as defined by FWCC Section 22-1334(4). Specifically, the mathematical average setback distance of the dwellings on the properties immediately abutting the subject property establish the "average setback distance". In this case the "average setback distance" calculates to nine feet (the north residence extends over Steel Lake for a zero foot setback and the south residence is setback 18 feet). The proposed five foot setback does not meet this requirement, necessitating the Process I regulated lake setback intrusion request. 2. The proposal will not increase or decrease the size of the regulated lake. City Response: No encroachment into the regulated lake is proposed. 3. The proposal will not change the points where any water enters or leaves the subject property nor in any way change drainage patterns to or from adjacent properties. City Response: Drainage patterns will not be affected. Driveway runoff generated by the proposal will be routed through a oil/water separator and grass lined biofiltration swale prior to entering Steel Lake. Roof drains will be tightlined directly to Steel Lake. A detailed analysis of the storm drainage design will occur with the related building permit. The drainage system will conform with all applicable Core and Special Requirements outlined in the King County Surface Water Design Manual. 4. The proposal will not be detrimental to water quality or habitats in or around the lake. City Response: Water quality will not be adversely affected as discussed in Item 8 3 above. Wildlife habitat in or around the lake will not be impacted by the proposal due to the developed nature of Steel Lake. Steel Lake is almost completely surrounded by urban density residential uses which, over time, have significantly reduced wildlife habitat surrounding the lake. The subject site is composed of shrub and scattered trees, as were other properties in the neighborhood. The subject site is not a designated wildlife breeding or nesting area as defined by the Washington State Department of Wildlife. XI. PROCESS II HEARING EXAMINER DECISIONAL CRITERIA The Hearing Examiner may approve with or without conditions, or deny the application after consideration of the entire matter on the record pursuant to FWCC Section 22-443(d). Below are the three decisional criteria and city responses. 1. It is consistent with the Comprehensive Plan. City Response: The City of Federal Way Comprehensive Plan contains several elements related to housing, natural environments and water quality to help guide the orderly growth and development of the City. The Comprehensive Plan is used, among other documents, as a basis for implementing regulations and other City programs such as the State Environmental Policy Act. The development proposal will be consistent with the Comprehensive Plan if the variance is approved. Relevant Comprehensive Plan Goals and Policies are listed below. * Preserve and protect Federal Way's single family neighborhoods (Land Use Goal 3). * Revise existing land use regulations to provide for innovation and flexibility in the design of new single family developments and in-fill (Land Use Policy 16). * Consider special development techniques (eg., accessory dwelling units, zero lot lines, lot size averaging, and planned unit developments) in single family areas provided they result in residential development consistent with the quality and character of existing neighborhoods (Land Use Policy 19). 2. It is consistent with all applicable provisions of the Code, including those adopted by reference from the Comprehensive Plan. City Response: Development of the lot is required to comply with provisions of the Shoreline Management Act, State Environmental Policy Act, Federal Way Environmental Policy, Federal Way City Code, and all other applicable 9 development codes and regulations. The City's Community Development Review Committee reviewed the proposal in relation to these development codes and regulations. The application will be consistent with all applicable Codes and the Comprehensive Plan if the variance is approved. 3. It is consistent with the public health, safety and welfare. City Response: The proposal will not violate any express policy of the Federal Way Comprehensive Plan and will not endanger the public health safety and welfare provided the variance is approved. XII. FINDINGS OF FACTS Based on an analysis of the proposal, the environmental record and related decisional criteria, the Department of Community Development Services finds: 1. The development proposal consists of a 1800 square foot residence on a 4550 square foot lot. 2. The lot is zoned RS 7.2, residential single family, minimum lot size 7,200 sf. The city Comprehensive Plan designation is Suburban Residential. The lot is classified as a "legal building site" because it was recorded with King County Assessors Office prior to February 28, 1990 and has not been simultaneously owned by the owner of a contiguous lot subsequent to that date pursuant to FWCC Section 22-953. 3. The residence is proposed within a Shoreline Management Act Urban designation setback which is 20 feet wide. A Process II shoreline variance (file number SMP95-0004/UPR95-0025) was filed to request a setback of five feet from the ordinary high water mark(OHWM) of Steel Lake. This is 15 feet within the 20 foot shoreline setback requirement. The shoreline variance application will be decided by the Federal Way Hearing Examiner following a public hearing on the matter. 4. The residence is proposed within a Federal Way City Code (FWCC) defined "regulated lake" setback which is 25 feet wide. A Process I regulated lake setback intrusion request (file number UPR95-0013) was filed to request a setback of five feet from the OHWM of Steel Lake. The proposal is classified as a "other intrusion" pursuant to FWCC Section 22- 1334(4) and may be allowed pursuant to meeting all decisional criteria of FWCC Section 1334(2). However, the Process I regulated lake intrusion decision will be made by the Federal Way Hearing Examiner due to the 10 related Process II shoreline setback variance. 5. The subject site abuts Steel Lake, a 19.2 acre freshwater lake developed with residential homes. Steel Lake is identified as a "regulated lake" by the FWCC and wetland by the King County Wetland Inventory, Washington State Department of Wildlife and U.S. Fish and Wildlife Service. Based on Federal Way regulations, regulated lake permit and design requirements take precedence over wetland permit and design requirements due to the type of wetland identified by the above agencies (open water), the developed nature of Steel Lake and proposed scope of work. 6. The lot is located in a developed residential area. Residential utilities and services are nearby to service the lot. 7. Slopes on the lot are approximately 15 percent grade. No areas on the site are classified as geologically hazardous as defined by FWCC Section 22- 1. 8. Approximately 19 cubic yards of fill material will be imported for construction of the driveway. A temporary erosion/sedimentation plan will be provided with the building permit. Any erosion-related impacts created during clearing and construction activities must be addressed according to a city approved Temporary Erosion/Sedimentation Control Plan. 9. The lot abuts 28th Avenue South which is classified as a minor arterial by the Federal Way Comprehensive Plan. One paved driveway will provide vehicular access from the proposed residence to the street. Right-of-way improvements are not required with the proposal because a administrative modification to the right-of-way improvement requirements was granted by the Public Works Department. 10. No increase in public services is necessary for the proposal. 11. Lakehaven Utility District will provide domestic water and sanitary sewer services to the lot. 12. A Determination of Nonsignificance was issued November 16, 1995 for the proposal pursuant to the State Environmental Policy Act (file number SEP95-0024). The determination was based on review of information in the application and resulted in the conclusion that the proposal would not result in probable significant adverse impacts on the environment. Affected agencies, tribes, and the public were offered the opportunity to comment on or appeal the determination for 29 days. One comment letter 11 S.N.,.04 ..oo,, was submitted November 28, 1995, during the comment period which expired December 1, 1995. The city responded to the letter December 8, 1995. No appeals were submitted during the appeal period which concluded December 15, 1995. No changes or corrections were made to the City's initial determination. 13. The application includes a Topographic Map and Site Plan drawing, received December 11, 1995. 14. The application includes a South Elevation drawing, received December 11, 1995. 15. The application includes a Building Setback drawing, received December 11, 1995. 16. The proposed development will embody good design principles and not conflict with adjacent uses in the immediate area. 17. The proposed site plan and application attachments will comply with the Federal Way Comprehensive Plan, pertinent zoning regulations and all other applicable City regulations, provided the Process II shoreline setback variance and Process I regulated lake setback intrusion applications are approved. 18. The proposed development will be consistent with Site Plan Review decisional criteria, FWCC Section 22-364, provided the Process II shoreline setback variance and Process I regulated lake setback intrusion applications are approved. 19. The proposed development will be consistent with Shoreline Management Act provided the Process II shoreline setback variance application, SMP95-0004/UPR95-0025, is approved. The proposal meets all shoreline variance decisional criteria of FWCC Section 18-166(c). 20. The proposed development will be consistent with Federal Way City Code regulated lake development requirements provided the Process I regulated lake setback intrusion application, UPR95-0013, is approved. The proposal meets all regulated lake setback intrusion decisional criteria of FWCC Section 22-1334(2). 12 XIII. RECOMMENDATION The City of Federal Way recommends Messier Residence, Federal Way File No. SMP95-0004/UPR95-0025 be approved without conditions. Transmitted to parties listed hereafter: * Federal Way Hearing Examiner * Greg Otto and Doris Messier, P.O. Box 12003, Portland, OR 97212 * David and Sue Marsh, 30527 28th Avenue South, Federal Way, WA 98003 SM P9504.RPT 13 •, .,,,.. .••• ‘,...,,,,,Z,,-,..1....,!.:•.,',,00..),:,:-..,...1..,---,,,.1 : ::•• ,":',;;•..4 - _ . ''. '.......:-1-::,.-:•_,:_.. 7 t.„, ••_ i ••+ • ` " •- 1 Z _ti) OS .3A TY II/BZ 1 - - C••• k., I I- I --, "•\ ,... • I . .. _ . . / I, ••••.t i 1., . , ___......... .,,,,, -..,.. .t. i ,, ..,.. • i , ..,;.`..1. 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' ! 1 Ono, I ! . . • EXHIBIT A .... ..,..... ii ,,,,......... 1".-•-*••••••••• •....we OF PAGE 3 3 _ •••. ... _,...,.. a•r .7../a_ -. ••••••••••••v . --"..••• /.v 1.!• ..."• ,‹......•fr,,i- ( (- CITY OF • - (206)661-4000 '> FIT,V. 33530 1ST WAY SOUTH FEDERAL WAY,WA 98003-6210 December 28, 1995 Mr. Greg Otto ,o PO Box 12003 Portland, OR 97212 RE: APPROVAL, Messier Residence Site Plan Application - SPR95-0014 Dear Mr. Otto: The City of Federal Way completed the administrative review of your proposed 1,800 square foot residence on a 4550 square foot lot located at 30521 28th Avenue South, Federal Way. The site plan application is hereby approved without conditions per the attached Findings For Site Plan Approval. A staff report regarding the shoreline and regulated lake setback variances is being prepared for the city's Hearing Examiner. The public hearing before the Hearing Examiner will be set for the near future. You will be sent a staff report within one week of the hearing. You are invited to attend the hearing and provide testimony to the Hearing Examiner. Under Process II review, the proposed development requires final approval by the Hearing Examiner. Therefore, the site plan review decision is considered a recommendation to the Hearing Examiner. This administrative decision is required by the Federal Way City Code (FWCC) to be incorporated into the staff report prepared for Hearing Examiner review. Site plan approval does not grant license to begin any type of site work. Unless modified or appealed, this approval is valid for a period of one year from the date of the decision. If no further action is taken within one year of the decision, the decision will expire. A single one year extension may be granted only if a written request is submitted to the city's Department of Community Development Services, 33530 First Way South, Federal Way, Washington, 98003 at least 30 days prior to the expiration of the decision. This decision may be appealed by any person who received a copy of this decision. The appeal must be in the form of a letter delivered to the Department of Community Development Services, 33530 First Way South, Federal Way, Washington, 98003 and be accompanied by the established fee, within 14 calendar days after issuance of the decision. The rrt contain clear FAuE__=_OF = ... . t:t53;:,35b7Y3)3J35347a Mr. Greg Otto December 28, 1995 Page 2 reference to the-matter being appealed and a statement of the factual findings and conclusions of the Director of Community Development Services disputed by the person filing the appeal. A request for reconsideration of this decision may also be filed by any person who received a copy of the decision, within seven calendar days after the issuance of the decision pursuant to the procedural requirements of FWCC Section 22-396(b). This decision shall not waive compliance with future City of Federal Way codes, policies, and standards relating to this development. Also, be advised that various performance and maintenance bonds and cash deposits may be required for the project. Any bonds or other agreements as required must be completed prior to issuance of any related construction permits. A cash deposit is intended to cover the city's potential expenses, if necessary, for obtaining and using the proceeds of any bond. The cash deposit shall be posted for up to five percent ($100 minimum) prior to building permit issuance. The cash deposit will be refunded following satisfactory completion of all bond requirements. State Environmental Policy Act (SEPA) A Determination of Nonsignificance was issued November 16, 1995, for the proposal pursuant to the State Environmental Policy Act (file number SEP95-0024). One comment letter was submitted November 28, 1995, during the comment period which expired December 1, 1995. The city responded to the letter December 8, 1995. No appeals were submitted during the appeal period which concluded December 15, 1995. No changes or corrections were made to the city's initial determination. Please contact Bill Kingman, AICP, Associate Planner, at 661-4110 if you have any questions regarding this decision. Sincerely, i Gregoryi . Moore, AICP Commu ity Development Services Director enc: Findings for Site Plan Approval SEPA Decision c: Stephen Clifton, Development Services Manager Dick Mumma, Building Official ', • �� Bill Kingman, Associate Planner Greg Brozek, King County Fire District Mary Cossette, Lakehaven Utility District SPK95I4.APV CITY OF f"'"' • 813 (206)661-4000 33530 1ST WAY SOUTH FEDERAL WAY,WA 98003-6210 FINDINGS FOR SITE PLAN APPROVAL APPLICATION NUMBER SPR95-0014 Messier Residence 30521 South 28th Avenue South The following are findings for recommending site plan approval of a proposed 1800 square foot residence on a 4550 square foot lot located at 30521 28th Avenue South, Federal Way. Findings 1. The development proposal consists of a 1800 square foot residence on a 4550 square foot lot. 2. The lot is zoned RS 7.2, residential single family, minimum lot size 7,200 square foot The city's Comprehensive Plan designation is Suburban Residential. The lot is classified as a "legal building site" because it was recorded with King County Assessor's Office prior to February 28, 1990, and has not been simultaneously owned by the owner of a contiguous lot subsequent to that date. 3. The residence is proposed within a Shoreline Management Act urban designation setback which is 20 feet wide. A Process II shoreline variance (file number SMP95-0004/UPR95- 0025) was filed to request a setback of 6.5 feet from the ordinary high water mark (OHWM) of Steel Lake. This is 13.5 feet within the 20 foot shoreline setback requirement. The shoreline variance application will be decided by the Federal Way Hearing Examiner following a public hearing on the matter. 4. The residence is proposed within a Federal Way City Code (FWCC) defined "regulated lake" setback which is 25 feet wide. A Process I regulated lake setback variance (file number UPR95-0013) was filed to request a setback of 6.5 feet from the OHWM of Steel Lake. The proposal is classified as a "other intrusion" pursuant to FWCC Section 22-1334(4) and may be allowed pursuant to Process I approval. However, the Process I regulated lake intrusion decision will be made by the Federal Way Hearing Examiner due to the related Process II shoreline setback variance. 5. The subject site abuts Steel Lake, a 19.2 acre freshwater lake developed with residential homes. Steel Lake is identified as a "regulated lake" by the FWCC and wetland by the King County Wetland Inventory, Washington State Department of Wildlife, and U.S. Fish and EXHIBIT PAGE-_0F Findings for Site Plan Approval Messier Residence SPR95-0014 Page 2 Wildlife Service. Based on Federal Way regulations, regulated lake permit and design requirements take precedence over wetland permit and design requirements due to the type of wetland identified by the above agencies (open water), the developed nature of Steel Lake and proposed scope of work. 6. The lot is located in a developed residential area. Residential utilities and services are nearby to service the lot. 7. Slopes on the lot are approximately 13 percent grade. No onsite slopes are classified as geologically hazardous as defined by FWCC Section 22-1. 8. Approximately 19 cubic yards of fill material will be imported for construction of the driveway. A temporary erosion/sedimentation plan will be provided with the building permit. Any erosion-related impacts created during clearing and construction activities must be addressed according to a city approved Temporary Erosion/Sedimentation Control Plan. 9. The lot abuts 28th Avenue South which is classified as a minor arterial by the Federal Way Comprehensive Plan. One paved driveway will provide vehicular access from the proposed residence to the street. Right-of-way improvements are not required with the proposal because a administrative modification to the right-of-way improvement requirements was granted by the Public Works Department. 10. No increase in public services is necessary for the proposal. 11. Lakehaven Utility District will provide domestic water and sanitary sewer services to the lot. 12. A Determination of Nonsignificance was issued November 16, 1995, for the proposal pursuant to the State Environmental Policy Act (file number SEP95-0024). The determination was based on review of information in the application and resulted in the conclusion that the proposal would not result in probable significant adverse impacts on the environment. Affected agencies, tribes, and the public were offered the opportunity to comment on or appeal the determination for 29 days. One comment letter was submitted November 28, 1995, during the comment period which expired December 1, 1995. The city responded to the letter December 8, 1995. No appeals were submitted during the appeal period which concluded December 15, 1995. No changes or corrections were made to the city's initial determination. 13. The application includes a Topographic Map and Site Plan drawing, received December 11, 1995. 14. The application includes a South Elevation drawing, received December 11, 1995. EXHIBIT B PAGE..t OF 5 l C Findings for Site Plan Approval Messier Residence SPR95-0014 Page 3 15. The application includes a Building Setback drawing, received December 11, 1995. 16. The proposed development will embody good design principles and not conflict with adjacent uses in the immediate area. 17. The proposed site plan and application attachments will comply with the Federal Way Comprehensive Plan, pertinent zoning regulations, and all other applicable city regulations, provided the Process II shoreline setback and Process I regulated lake variances are approved. 18. The proposed development will be consistent with Site Plan Review decisional criteria, FWCC Section 22-364, provided the Process II shoreline setback and Process I regulated lake setback variances are approved. Conclusions The proposed site plan application will comply with the Federal Way Comprehensive Plan, pertinent zoning regulations, and all other applicable city regulations, provided the Process II shoreline and Process I regulated lake setback variances are approved. Final construction drawings (building permit drawings) will be reviewed for compliance with specific regulations, conditions of approval, and other applicable city requirements. This decision shall not waive compliance with future City of Federal Way codes, policies, and standards relating to this development. Approved: regory . Moore, AICP Communi y Development Services Director Prepared By: Bill Kingman, AICP, Associate Planner Date: December 20, 1995 SPR9514.APV EXHIBIT PAGE 5 __OF 5 a .):) .:I.),I:..,<I!)tlllU aYw.t 7..',l,t5l l:,•,.a-,.`•`•a••••'•.•• '•`. •.... .•.•_•)•)•_•••_ ••:)�••.a,.IU...,tst sifhlslstltflslststst,Illf:stntsn3N ti>.'.:,)a)a)♦...,.,.•)•:.,:,lr`•>a I I).)...luO.Iay.).a.aJ.:._•>a t• I•b ( Lakehaven Utility District • • 31627 - 1st Avenue South • P.O. Box 4249 • Federal Way, Washington 98063 Seattle: 941-1516 • Tacoma: 927-2922 • Engineering: 941-2288 • Fax: 839-9310 October 24, 1994 Mr. Greg Otto P.O. Box 12003 Portland, OR 98212 RE: Encroachment of Existing Easement Tax Lot 92, STR 9-21-4 Dear Mr. Otto: The District has reviewed your request to construct a house and garage over the existing sanitary sewer. We will not allow any encroachment on the existing sanitary sewer easement on the • referenced property. The ten-foot easement, five feet on both sides of the existing sewer, needs to remain free of any obstructions. This information should be considered when you develop a conceptual layout of a residence for this property. Please contact the District, at 941-2288, if you have any questions. Sincerely, 9 Richard Q. Gilmore, P. E. Supervisor of Technical Services RQG/j mr c: City of Federal Way Building Department Don Young, Director of Water Operations Bill Martin, Director of Sewer Operationsf EXHIBIT G _ PAGE. t__®6= Dale A. Cap Joel R. Marks Dick Mayer Donald L.P. Miller Beverly J. Tweddle Commissioner Commissioner Commissioner Commissioner Commissioner ........ , .. -__ ._.___....._. ,.....,.,. ...,.,....._.,.,.........,.,.,.....,o..i .,o...>.tauUAoq... ) ..,y.tJxh:V.VQQAe7.,xN,x17I d..,:f7....o..v......>:R7F)a.•S17:Ii}a2?tR±ir2F3l333i3F3F3F?}323F3F3F32323,32F3..:RS2i33t! C I CITY OF r� • ECIElIrKFIL (206)661-4000 33530 1ST WAY SOUTH FEDERAL WAY,WA 98003-6210 ENVIRONMENTAL DETERMINATION OF NON-SIGNIFICANCE APPLICATION NO. : SEP95-0024 Description of Proposal: new 1800 sf. residence on a 4550 sf. lot abutting Steel Lake. Proponent: DORIS MESSIER Location: 30521 28TH AVE S Lead Agency: City of Federal Way The Responsible Official of the City of Federal Way hereby makes the following decision based upon impacts identified in the environmental checklist, the Federal Way Comprehensive Plan, the "Final Staff Evaluation for Environmental Checklist; Application No. SEP95-0024" for this action, and other municipal policies, plans, rules, and regulations designated as a basis for exercise of substantive authority under the Washington State Environmental Policy Act Rules pursuant to R.C.W. 43 . 21C. 060. The lead agency for this proposal has determined that it does not have probable significant adverse impact on the environment, and an Environmental Impact Statement (EIS) is not required under R.C.W. 43 . 21C. 032 (2) (c) . This decision was made after review of a completed environmental checklist and other information on file with the lead agency. This information is available to the public on request. This DNS is issued under WAC 197-11-340 (2) ; the lead agency will not act on this proposal for 15 days from the date of issuance. Comments must be submitted by 5: 00 p.m. on 12/01/95 . Unless modified by the City, this determination will become final following the above comment deadline. Any person aggrieved of the City' s final determination may file an appeal with the City within 14 days of the above comment deadline. Contact Person: Bill Kingman Phone: 661-4000 Associate Planner Responsible Official: Gregory D. Moore, AICP Position/Title: Director of Community DeveloIBIT 1-J Services Address: 33530 First Way South, Federal Way, WA 98003 Date issued: 11/16/95 Signature: \ EXHIBIT PAGE _.®F z_ . ... . ....... .......7..t.,....t.t................... .... .... .........t.t ....... ..... ..t...t.wt...t.t7t:•.._.............>.i..........t....t.>.....-........<teut......t.t...t.........vwy eo C8MMIJVITpDE�VFWakwI TNoorm BMI► November 28, 1995 NOV 3 0 1995 Bill Kingman Dept. of Community Development 33530 1st Way So. re: proposed new residence at 30521 28th Ave. S. Application # SEP95-0024 I'm writing to express our concerns over the proposed new residence on the lot at 30521 28th Ave. S. It was our understanding that the minimum width building lot was 40 feet. The above lot is only 35 feet wide. Why is this even being considered as acceptable? Further, it is stated that the lot is 4550 SF. This may be true according to the plat map, but has anyone from the city actually visited the site to assess the real, practical boundaries? This lot extends only approximately 58 ft. from the roadside boundary to the edge of the lake - measured at less than high water level. This makes the usable area approximately 2030 SF. OVER HALF OF THIS LOT'S AREA IS UNDER WATER YEAR ROUND! Regardless of the number of stories proposed, an 1800 SF house SHOULD NOT be built on a 2030 SF lot. The fact that the sewer runs directly through the center of the lot makes the usable area even smaller. Another consideration is the impact on traffic on this street. 28th avenue is heavily traveled, and the average speed is over the posted 35 mph as cars accelerate to get up the hill. There have been several accidents and near accidents in the past few years as residents slow down to enter their driveways. At this lot, the road is elevated well above the lot level, making entering and exiting the roadway even more hazardous. Let's get real about this! This sort of allowance is why Federal Way's population density is as high as it is. We hope you give this serious consideration, and determine that the proposed project is unacceptable. David and Sue Marsh 30527 28th Ave. S. ' . cc: Greg Moore EXHIBIT_ E PAGE. OF 1 C^ CITY OF • ' (206)661-4000 �� 7/ 33530 1ST WAY SOUTH FEDERAL WAY,WA 98003-6210 December 8, 1995 David and Sue Marsh .: _ a — 30527 - 28th Avenue South is tt Federal Way, WA 98003 RE: SEP95-0024, Proposed New Residence Dear David and Sue: I am in receipt of your comment letter dated November 28, 1995, regarding the State Environmental Policy Act (SEPA) decision issued November 16, 1995, for a new residence at 30521 28th Avenue South., Federal Way. For reference, the comment period closed December 1, 1995, and the appeal period will close December 15, 1995. You will be notified by mail when the application is scheduled for a public hearing. The hearing is intended to provide the public opportunity to hear and comment on the application prior to a decision by the Hearing Examiner. Below are answers to issues raised in you letter. 1. You understand there is a minimum lot width of 40 feet and therefore, the development application for the subject 35 foot wide lot should be denied. The lot was created under the requirements of King County prior to February 28, 1990, the incorporation date of the City of Federal Way. As such, we are required to honor the creation of the subject lot regardless of its size and configuration. This requirement is based on a Federal Way City Code (FWCC) provision which states a lot is a legal building site if it was recorded in the King County Assessor's Office prior to February 28, 1990, and it has not been simultaneously owned by the owner of a contiguous lot subsequent to that date. This is the case with the subject lot. Therefore, the city has no ability to require the lot be widened to 40 feet. 2. You state the subject lot is smaller than the 4,550 square feet stated in the SEPA decision because a portion extends under the abutting Steel Lake. We concur. Approximately 2,503 square feet are below and 2,047 square feet are above Steel Lake. According to our maps, nearly every lot abutting Steel Lake extends under the lake. Please be advised that development requirements will be based on the portion of the lot above Steel Lake. No portion of the lot under Steel Lake may be used to meet devel Mysents. _. PAGE L _OF _2 David and Sue Marsh December 8, 1995 Page 2 3. You are correct in stating the existing sewer line running through the subject lot restricts development opportunities. We have met twice with Lakehaven Utility District who verified that no sewer line easement encroachment will be supported. This decision is in contrast with previous Lakehaven Utility District decisions which allowed homes over the sewer line. It is this very issue which forces the property owner to request a shoreline setback variance in order to construct a home. 4. Traffic issues were examined with the SEPA review. The driveway is proposed to match the elevation of 28th Avenue South and decline to the first floor garage. Approximately 37 cubic yards of earth will be brought on the site for the driveway. This conceptual design meets all city design requirements and should not create a traffic hazard. Please be advised your that letter will be attached to the Hearing Examiner staff report as a SEPA decision comment letter. Thank you for providing written comments on the SEPA decision. Please call me at 661-411 if you have any questions. Respectfully, Bill Kingman, AICP Associate Planner SEP9524.L1 rfi !BIT FkoE__.z_OF z CITY OF FEDERAL WAY OFFICE OF THE HEARING EXAMINER IN THE MATTER OF: ) MESSIER VARIANCE ) FWHE#l: 96-2 UPR95-0013, SEP95-0024, SPR95-0014 PROCESS II ) SMP95-0004, UPR95-0025 I. SUMMARY 9F APPLICATION The applicant proposes to construct an 1,800 square foot residence on a 4,500 square foot waterfront lot abutting Steel Lake. Process II shoreline variance is requested to intrude within the shoreline setback of 20 feet, and Process I approval is requested to intrude within the regulated lake setback of 25 feet. Both requests are due to a sewer line crossing the subject lot. JI. PROCEDURAL INFQR1VIATION Hearing Date: February 13, 1996 Decision Date: February 27, 1996 At the hearing the following presented testimony and evidence: 1. Bill Kingman, Associate Planner, City of Federal Way 2. Greg Otto, 2117 NE 13, Portland, Oregon, 97212 At the hearing the following exhibits were admitted as part of the official record of these proceedings: 1. Staff Report with all attachments. 2. Letter and photos from Sue Marsh 3. Letter from Margaret Reyhner 4. Letter from Mark and Toni Kuciemba • E '3DVd 6Ei'9 ZLZ JQZ£i I 28 H.LO T T71. (3fli) 96 . III. FINDINGS 1. The Hearing Examiner has heard testimony, viewed the premises and surrounding area, admitted documentary evidence into the record, and taken this matter under advisement. 2. The Community Development.Department staff report sets forth general findings, and applicable policies and provisions in this matter, is hereby marked as Exhibit 1, and incorporated in this report by reference as though set forth in full herein. 3. All appropriate notices were delivered in accordance with the requirements of the Federal Way City Code. 4. The applicant has a possessory ownership interest in a 4,550 square foot parcel of property located at 30521 28th Avenue S. within the City of Federal Way. The lot is a waterfront parcel bordering Steel Lake. 5. Approximately 2,503 square feet of the lot are below the ordinary high water mark of Steel Lake, and the upland portion of the lot contains approximately 2,047 square feet. Bordering the site on the north is a single-family residential dwelling constructed to the ordinary high water mark (OHWM)with a deck extending over the water. Bordering the site on the south is a single-family dwelling approximately 18 feet from the OHWM. The site itself is presently unimproved except for a small dock near the south property line. 6. The applicant desires to construct a single-family residential dwelling on the site with a building footprint of 628 square feet. The proposed structure will meet required five foot side yard setbacks as well as the 20 foot front yard setback from 28th Ave. S. Furthermore, considering only the portion of the lot above the OHWM, the proposed improvements do not exceed the maximum 60% impervious site coverage authorized by the Federal Way City Code (FWCC). However, in order to construct a house on the lot, the applicant must obtain a variance from the 20 foot wide shoreline setback from the OHWM of Steel Lake. 7. The lot and surrounding area located within the Residential Single Family (RS-7.2) zone classification of the FWCC. Said classification requires a minimum lot size for a single- family residential dwelling of 7,200 square feet. However,the applicant's lot is classified as a legal building site because it was recorded with the King County Auditor's Office prior to February 28, 1990, and has not been simultaneously owned by the owner of a contiguous lot subsequent to that date. The applicant has owned and paid taxes on the lot for the past 10 years. 8. The site is located within the Urban Shoreline Environment of the City of Federal Way Shoreline Master Program. Said program requires a 20 foot structural setback from the OHWM of Steel Lake. The applicant is requesting a shoreline variance pursuant to Section 18-166 FWCC to allow construction of the home five feet from the OHWM. j7 3OVd 6E179 ZL.Z 'Ja-7Pf T 29 T-TTflT Oia:i,T i-•nrN nc .� 9. Section 18-166 FWCC states that the purpose of a shoreline variance is to grant relief to specific bulk, dimensional, or performance standards where extraordinary or unique circumstances associated with the property impose unnecessary hardship on the applicant or thwart the policies of the State of Washington Shoreline Management Act (SMA). RCW 90.58.020, a portion of the SMA, provides in part as follows: Alterations of the natural condition of the shorelines of the state, in those incidences when authorized,shall be given priority for single- family residences and their appurtenant structures.... Thus, the SMA contemplates the alteration of shorelines for single-family structures. 10. Prior to obtaining a variance of 15 feet from the shoreline setback requirement, the applicant must establish that the request satisfies the criteria set forth in Section 18.166(C) FWCC. Findings on each criteria are hereby made as follows: A. Strict enforcement of the shoreline setback requirement precludes a reasonable use of the property not otherwise prohibited by the Master Program. The lot,although small, is a vested building site and is zoned for single-family residential uses. The lot is 35 feet wide and is between 56 feet and 61 feet in depth as measured from the 28th Ave. S. right-of-way to the OHWM of Steel Lake. The lot is bisected by a ten foot wide sewer easement which varies between 13 feet and 20 feet from 28th Ave. S. The applicant has contacted the Lakehaven Utility District and asked permission to build over the sewer easement, but the district refuses to allow any improvements within the sewer easement or to relocate the sewer line. The sewer easement was granted in 1962 and the owner of the property at that time received no compensation. Thus, the only place on the lot where a house may be constructed is between the sewer line easement and the lake. The applicant has located the house such that it touches the easement. Enforcing the 20 foot setback from the OHWM would essentially eliminate the lot as a building site. B. The hardship described in subparagraph A above is specifically related to the property and is the result of unique conditions to include as size and the presence of a sewer easement. The hardship is not the result of deed restrictions or the applicant's own actions. The granting of the sewer easement predated the shoreline regulations. In 1962 land use codes would have allowed construction over water since the lot extended into the lake. C. The applicant's design will be compatible with other permitted activities in the area and will not cause adverse effects to adjacent properties or the shoreline environment. According to section 22-631 FWCC, required yard setbacks in the RS-7.2 zone classification are 20 foot front yard; five foot side yard; and five foot rear yard. The applicant's proposed residence satisfies all required yard setbacks. Said section also limits the maximum height of structures to 30 feet. The applicant's proposed home is 29 feet. Said section states that maximum lot coverage within the RS-7.2 zone is 60%. The applicant's maximum site coverage 5 '3DVd 6E179 ZLZ OCIII3 I 8 H.LOI 9' : I (3f1.L) 96 . LZ H3-1 is within said maximum. Thus, design of the project is compatible with the permitted activities in the area, and will not cause adverse effects to adjacent properties or the shoreline. D. Granting the variance will not constitute a grant of special privilege not enjoyed by other properties within the area and is the maximum necessary to afford relief. The home on the abutting property to the north extends over Steel Lake and is also over the sewer easement. Many residences area closer than 20 feet to the lake, and are constructed over the easement. E. The public interest will suffer no substantial detrimental effects. All bulk regulations of the RS-7.2 zone classification and the Shoreline Master Program are met with the exception of the shoreline setback. F. This criteria is not applicable since no development is proposed waterward of the OHWM or within marshes, bogs, or swamps. G. Consideration has been given to the cumulative effect of similar actions on Steel Lake. This lot is indeed unusual with significant constraints, and it is doubtful whether approval of a variance will have much, if any, effect on the shoreline. Homes are already constructed on a majority of lakefront lots, and granting the variance will have no substantial effect on the shoreline which is developed with urban density residential uses. 11. Steel Lake is a "regulated lake" and as such requires a 25 foot setback from the OHWM. Section 22-1334(4)FWCC allows 'other intrusions" within said 25 foot setback if the criteria set forth therein can be met. Intrusions into the regulated lake setback are determined pursuant to Process I approval procedures. However, because a shoreline variance is requested which is a Process II approval procedure, Section 22-387 FWCC requires both requests to be decided in accordance with Process II. Other intrusions into the setback"including homes" are authorized if the criteria set forth in Section 22.1334(1) FWCC are met. Findings on each criteria are hereby made as follows: A. The proposed land surface modification is necessary for a reasonable use of the subject property as discussed in Finding 10 above. B. The land surface modification will not increase or decrease the size of Steel Lake. All improvements are landward of the OHWM. C. The home will not change the points where water enters or leaves the property nor in any way change drainage patterns to or from adjacent properties.Driveway run- off will be routed through an oil/water separator and grass lined biofiltration swale prior to entering Steel Lake. Roof drains will be tightlined directly to the lake. A detailed analysis of the storm drainage design will be conducted by the City prior to building permit approval. 9 '3DVd 66iv9 LGL crcr r iP urns i.a:br rz/lT) 04 ,7 Q,s D. The proposed development will not be detrimental to water quality or habitats in or around the lake. Steel Lake is almost completely surrounded by urban density residential uses which have significantly reduced wildlife habitat. The site contains shrub and scattered trees and is not an important wildlife area. 12. Prior to obtaining Process II approval the applicant must establish that the proposal satisfies the criteria set forth in Section 22-443(C) FWCC. Findings on each criteria set forth therein are hereby made as follows: A. The propose home is consistent with the City of Federal Way Comprehensive Plan. Plan policies include the protection of single-family neighborhoods, the provision for innovative and flexibility in the design of new single-family developments,and the consideration of special development techniques to include zero lot line development in single-family areas. B. The proposed variance is consistent with all applicable provisions of the FWCC including those adopted by reference from the comprehensive plan to include the Shoreline Management Act, State Environmental Policy Act, Federal Way Environmental Policy, and other development codes. C. The proposed variance will not endanger the public health, safety, and welfare. 13. Concerns were raised by residents of Steel Lake to include the small size of the lot and the establishment of a precedent for other development within the shoreline setback. This lot has been recognized by both King County and the City as a building lot for many years and taxes have been paid accordingly. Actions of the sewer utility in constructing a sewer line across the buildable portion of the lot prevent construction of the house other than as proposed. It is doubtful if similar conditions exist on other lots around the lake. However, even if they do, each variance request is considered on its own merits. IV, CONCLUSIONS From the foregoing findings the Hearing Examiner makes the following conclusions: 1. The Hearing Examiner has jurisdiction to consider and decide the issues presented by this request. 2. The proposed variance to the required 20 foot shoreline setback and 25 foot setback from a regulated lake satisfies the criteria set forth in Sections 18-166(C), 1334(1), and 22- 443(C) of the Federal Way City Code. Therefore, said shoreline variance should be approved. L 20Vd 66i79 ZLZ JQ"IFI I V H;OI P.fi:bi tanrn QA r.7 vas DECISION: The requests for a 15 foot shoreline variance and reduction in setback variance from a regulated lake of 20 feet are hereby granted for a site located at 30521 28th Ave. S. Federal Way. DATED THIS t„2 7 DAY OF February, 1996. ST N K. CAUSSEAUX, Ht. Hearing Examiner 9 '3o`dd 6Et9 ZLZ DialS 1 V H.LO t et t t (3f1.L) 96 . LZ 's3? LIGHTS TO RECONSIDERATION AND APPAL THE BELOW STATED RIGHTS TO RECONSIDERATION AND APPEAL ARE DESIGNED TO PROVIDE NOTICE OF TIME LIMITS AND A GENERAL OUTLINE OF RECONSIDERATION AND APPEAL PROCEDURES. THE SPECIFIC REQUIREMENTS FOR REQUESTS FOR RECONSIDERATION ARE FOUND IN SECTION 22-445 OF THE FEDERAL WAY CITY CODE. THE SPECIFIC REQUIREMENTS FOR APPEALS ARE FOUND IN SECTION 22-446 OF THE FEDERAL WAY CITY CODE. CLARIFICATION OF THE RIGHTS TO RECONSIDERATION AND APPEAL AND THE NAMES AND ADDRESSES OF PERSONS WHO HAVE A RIGHT TO APPEAL MAY BE OBTAINED FROM THE CITY CLERK OF THE CITY OF FEDERAL WAY. RECONSIDERATION Any person who has a right-to appeal a decision under the Federal Way Zoning Code may request the Hearing Examiner to reconsider any aspect of his or her decision by delivering a written request for reconsideration to the Department of Community Development within seven (7) calendar days after the date of issuance of the Hearing Examiner' s decision. The person requesting the reconsideration shall specify in the request what aspect of the decision he or she wishes to have reconsidered and the reason for the request . The person requesting the reconsideration shall within seven (7) calendar days following issuance of the decision, mail or personally deliver a copy of the request for reconsideration along with a notice of the right to file a written response to the request to those persons who have a right to appeal under Section 22-446 of the Federal Way City Code. Proof of such mailing or 6 '30Vd 6£i79 ZLZ CM£1 T T-Tni Oh:4,T ran etc ,7 • personal delivery shall be made by an affidavit attached to the request for reconsideration at the time of delivering the request to the Department of Community Development. The notice shall state that such response must be received by the Department of Community Development within seven (7) calendar days following the filing of the request with the department. Any person filing a response to the reconsideration request must distribute that response by mail or personal delivery to those persons having a right to appeal under Section 22-446 of the Federal Way City Code. Proof of such distribution by mail or personal delivery shall be made by affidavit attached to the response delivered to the Department of Community Development. Within ten (10) working days following expiration of the time to file responses to the reconsideration requests. The Hearing Examiner shall notify the persons who have a right to appeal under the Federal Way City Code, whether or not the decision will be reconsidered. The Hearing Examiner may reconsider the decision only if he or she concludes that there is substantial merit in the request. The process of reconsideration will be in accordance with Section 22-445 of the Federal Way City Code. APPEAL The decision of the Hearing Examiner may be appealed by any person who is to receive a copy of that decision pursuant to Section 22- 443 of the Federal Way City Code. The appeal, in the form of a letter of appeal, must be delivered to the Department of Community O t '3DVd 6£179 n2 OCIE I 18 RIO t 6b b t (7n t) QA 1.7 47: f ., Development within fourteen (14) calendar days after the issuance of the Hearing Examiner' s decision or, if a request for reconsideration is filed, then within fourteen (14) calendar days of either the decision of the Hearing Examiner denying the request for reconsideration or the reconsidered decision. The letter of appeal must contain a clear reference to the matter being appealed and a statement of the specific factual findings and conclusions of the Hearing Examiner disputed by the person filing the appeal . The person filing the appeal shall include, with the letter of appeal, the appeal fee established by the City and the costs of preparing a written transcript of the hearing (or in the alternative, the appellant may prepare the transcript at hie or her sole costs from tapes of the hearing provided by the City) . The appeal will not be accepted unless it is accompanied by the required fee and cost (or agreement of the appellant to prepare the transcript) . The decision of the Hearing Examiner may be appealed whether or not there was a request to reconsider the Hearing Examiner' s decision. Appeals of the Hearing Examiner' s decision will be heard by the Federal Way City council. II '30Jd 66V9 ZLZ JQ'Ig I H.LOI 617:17I (anr) 9F _ 1.7 'A-Z.r • �-�8� — Sh ne Management Act 1971 •V Permit # Sme �a —of 0004/ 33530 First Way South c• E c q5—001-17 Federal Way, WA 98003-5599 Phone (206) 661-4000 P R 5!O D Zr! SUBSTANTIAL APPLICATION FOR SHORELINE MANAGEMENT DEVELOPMENT, CONDITIONAL USE, OR VARIANCE PERMIrr • • 5>' P O ..F O S. . : LO TCQ t1PPL CANT . THI :IS AN AP LICATI N It UBSTANTIA: DEVEI, PME • >:::` CONDITIONAL 'SE, Olt VARIANC PERRMIT AS AUTHORIZED BY T iE SHORELINE MANAOEMEIV`T 71 ...IT;:IS SUGC • , EU A.T..YOU<CHECK WITH::APP OPRIATE OCAIs,ST .......... ...... Acr of t4 , ..,_., _ FST; TH R :.;:< :;:;:: .;:}::STATm►>4R ....:: : :.. ; FEDERAL OFFICIALS TO DETERMINE WHETHER YOUR PROJECT" FA LS WIT iIN >A •Y.O T HEt :i PERMIT..SYSTEMS: :>`::; ::>'::>'.: :::::::>:: ::: ::.. ... :. >:::::.:.:?:::::r;::;;<:;:::. :;::;;:;,:::.:::::::..:. .. 1. Name of applicant: Doris A. Messier / R. Greg Otto 2. Mailing address: P.O. Box 12003 Portland, OR 97212 3. Relation of applicant to property: Owner ❑ Purchaser ❑ Lessee ❑ Other 4. Name and address of owner, if other than applicant: 5. General location of proposed project (list section to the nearest quarter section, township, and range): QTR: NE SEC: 09-21-04 Tax Lot 9092 6. Name of water area and/or wetlands within which development is proposed: Steele Lake 7. Current use of property with existing improvements: Vacant Lot 8. Proposed use of property (be specific): Residential - Single family dwelling aECEi pMEN�/OEPAPEM OOMMUNm OE�E� II 9. (TO BE COMPLI _ BY LOCAL OFFICIAL) Nature of t._ :isting shoreline. (Describe type of shoreline, such as marine, stream, lake, lagoon, marsh, bog, swamp, flood plain, floodway, delta; type of beach, such as accretion, erosion, high bank, low bank, or dike; material such as sand, gravel, mud, clay, rock, riprap; and extent and type of bulkheading, if any). PEI/EL6 PED Lcv-) Me014 . t/-E5 H. [. 4p_ smv o/tr u o strD2-EL (t onl A c-ekEii1J LAKE_ 10. (TO BE COMPLETED BY LOCAL OFFICIAL) In the event that any of the proposed buildings or structures will exceed a height of thirty-five feet above the average grade level, indicate the approximate location of and number of residential units, existing and potential, that will have an obstructed view. 11. (To BE COMPLETED BY LOCAL OFFICIAL) If the application involves a conditional use of variance, set forth in full that portion of the master program which provides that the proposed use may be a conditional use or, in the case of a variance, from which the variance is being sought. K11-6 GoutjTC( copy 25. ( (oil D O, En ( - t-✓ELF PIVOT FDE?&— L --t r fcc-t CODE CB, ((Ic/ S �GU Vrt,�i�tr�c PROTECT DIAGRAMS DRAW ALL SITE PLANS AND MAPS TO SCALE, CLEARLY'INDICATING SCALE ON LOWER. RIGHT-HAND CORNER AND ATTACH THEM TO THE APPLICATION CITY OF FEDERAL WAY DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES MEMORANDUM DATE: October 11, 1995 TO: Community Development Review Committee (CDRC) Members Greg Fewins, Principle Planner Ron Garrow, Senior Development Engineer Dick Mumma, Building Official Mary Cossette, Supervisor of Technical/Support Services, Lakehaven Utility District Greg Brozek, KC Fire District #39 FROM: Bill Kingman, Associate Planner< PROJECT PLANNER: Bill Kingman PHONE: 661-4110 PLEASE RESPOND BY: October 26, 1995 ********************************************************************** FILE NUMBER: SMP95-0004/SEP95-0024/UPR95-0025 PROJECT NAME: Messier Residence PROJECT ADDRESS: 30521 28th Avenue South PROJECT DESCRIPTION: Construct new residence PROJECT CONTACT: Greg Otto/Doris Messier, POB 12003, Portland, OR 97212, Phone: (503) 287-3142 SEPA: SEPA is required. Please review the attached SEPA checklist. NOTE: The proposal was previously reviewed by the CDRC as preapplication #PRE95-0014. 1`\ SMP95o4.M1 c. 4 - AFT AJAV1T OF DISTRIBUTION I rn" L ..- `%Z hereby declare, under penalty of er u laws of the State of Washington, that: P P J r3' of the Notice of Application 0 Notice of Proposed Land Use Action ❑ Notice of Action 0 Notice of Public Meeting Notice of Application for Shoreline ❑ Notice of Public Land Use Management Permit Hearing ❑ Notice of Determination of Significance ❑ Shoreline Management Permit ❑ Notice of Determination of Non- 0 Official Notice Significance and Scoping Notice ❑Notice of Environmental Determination ❑Other of Non-Significance (SEPA) ❑ Notice of Environmental Mitigated ❑Other • Determination of Non-Significance (SEPA) was mailed / faxed / posted to/at each of following addresses (see attached list) on cam.; ( , 1995. Project Name rz: t, Z, z, C:::)t_I f2-4, S M .= .c 4 L File Number(s) Sw.P S - madZ / LJP2-7s -�c., 7 �, gr e - --).c",-- Lti Signature - c' -- - .-, , Date , j _3 AFpIDAvc.Doc REVISGD 1/4/95 The City Of Federal Way posted the attached proposal to the following locations: The Federal Way Regional Library 34200 1st Way South Federal Way, WA 98003 Federal Way Library 848 South 320th Street Federal Way, WA 98003 Federal Way City Hall (Bulliten Board) 33530 1st Way South Federal Way, WA 98003 NOTICE OF PROCESS TWO SHORELINE VARIANCE APPLICATION The City of Federal Way Department of Community Development Services has received a Process II Shoreline Variance land use application to intrude within the 25 foot wide shoreline setback of Steel Lake (6 feet is proposed) related to construction of a new 1800 square foot residence at 30521 28th Avenue South, Federal Way. The proposal is located within 200 feet of Steel Lake, Federal Way, Washington. File Number: SMP95-0004/UPR95-0025/SEP95-0024 Name of Applicant: Greg Otto & Doris Messier, POB 12003, Portland, OR 97212, Phone: (503) 287-3142 Project Address: 30521 28th Avenue South, Federal Way, WA City Contact: Bill Kingman, AICP, Associate Planner, Phone: (206) 661-4110 The application will be reviewed under the provisions of Section 22-431 (Process II) and Section 18-161 (Shoreline Management) of the Federal Way City Code. Any person or public agency expressing an interest in this matter is invited to submit written comments to Greg Moore, AICP, Community Development Services Director, on or before November 23, 1995. The official file is available for review at the Department of Community Development Services, 33530 1st Way South, Federal Way, WA 98003. Written comments may also be submitted to this address. Date of Publication: November 2, 1995. November 9, 1995. SMP9504.N1 COMMUNITY DEVELOPMENT TECHNICAL REVIEW COMMITTEE AGENDA OF: October 26, 1995 ATTN: Mr. Bill Kingman Associate Planner FROM: Lakehaven Utility District SUBJECT: Agenda Item No. 5 — Messier Residence SMP95-0004/SEP95-0024/UPR95-0025 COMMENTS: Water: Water service can be provided from 28th Avenue South. Sewer: Sewer service can be provided from the existing sewer main on the site. Minimum slope for side sewer is 2%. The District cannot support any encroachment into the existing sanitary sewer easement. NOTE: SEPA comments will be provided by the District's Principal Planner, Mary Duty, under separate cover. By: Date: Mary E. vossette Sup rvisor of Technical/Support Services CRY OF G CITY OF FEDERAL WAY 0_ Ep DEPARTMENT OF COMMUNITY - EJZIW RY DEVELOPMENT SERVICES (206) 661-41 18 RECEIPT FOR PUBLIC NOTICE SIGN STEP ONE APPLICATION # cfl'\ S DOS/ 4 PROJECT NAME 1 ,V9 t (1 p- i OENw SITE ADDRESS/LOCATION Jv c.a.'l G_GM 4v t Co . APPLICANT'S NAME "(1 17 /Doiz s /14E551E1- PHONE 503-2-V /` S1 4.'L CAzzi ore) PAYEE'S NAME (PERSON TO WHOM REFUND WILL BE ISSUED) ��./� Tye V/]j 7 1 MAILING ADDRESS ■ ob lZoo31 1)a(271.14�-o t O 1� 1 72 / j� 00 DEPOSIT AMOUNT RECEIVED ($1 00) (OO"' CASHIER RECEIPT # 02. Z-13' 9 b/ (DEPOSIT$70 TO CD5 ACCT#633-0000-0000-0239-001 0-000 1) ` DATE DEPOSIT RECEIVED CA (DEPOSIT$30 TO COS ACCT#001-0000-0000-0362-0090-0001) N . OF SIGNS I CONDITION OF SIGN(S) WHEN ISSUED 67od1) / �/ 1 QS�s 51,4N I'l) �� TIME `� �' REQUIRED POSTING DATE SCHEDULED HEARING DATE (ll (AT LEAST 14 DAYS PRIOR TO HEARING DATE) SPECIAL POSTING INSTRUCTIONS, IF ANY: APPL CANT ACCE ANCE (SIGNATURE) DATE DATE SIGN MUST BE RETURNED STEP TWO DATE SIGN RETURNED 2--J `'" ' `7 CONDITION OF SIGN (-Too REFUND (REFUNDS WILL BE MAILED WITHIN 10 WORKING DAYS OF RETURNED SIGN(S)) Ni(- $70.00 (SIGN RETURNED ON TIME AND IN REASONABLE CONDITION) PARTIAL REFUND - SPECIFY AMOUNT UP TO $50.00. (SIGN RETURNED IN MINOR DAMAGED CONDITION) NO REFUND (SIGN NOT RETURNED ON TIME, OR RETURNED/W�I�TH%�CON(SSIDERABLE DAMAGE). -7 J� ,�..{ L .D1 1 L.,. yLt.}t..7 (/V , , / "_l it.' ,-,'{�- ( cer OL /o/ STAFF SIGNATUI4 APPLICAN-(SIGNATURE APPLICANT AT COMPLETION OF STEP 1 Wes••APPL CANT WHEN SIGN IS RETURNED EPA•14114f,W: ACCOUNTS PAYABLE AT COMPLETION OF STEP 1 G//IFWI�!o�/�"MRe . C D S DEPARTMENT FILE CD0194(3/941 P`Aide J(/4 CITY OF • (206) 661-4000 33530 1ST WAY SOUTH FEDERAL WAY, WA 98003-6210 March 10, 1997 Ms. Suzanne Wong v‘I-1E• PO Box 28677 Seattle, WA 98118 RE: UPR95-0025, MESSIER UPR II APPROVAL - EXTENSION REQUEST 30521 - 28th Avenue South Federal Way, WA 98003 Dear Ms. Wong: The City of Federal Way has completed the administrative review of your request for a one year time extension of land use approval. The request is granted pursuant to Federal Way City Code (FWCC) section 22-458(d). On February 27, 1996, the Federal Way Hearing Examiner approved UPR 95-0025, a variance to building a residence within a shoreline setback at 30521- 28th Avenue South. Under FWCC section 22-458, a complete building permit must be received within one year after the Process II approval, or the decision becomes void. To date, a building permit has not been received. Pursuant to FWCC section 22-458, applicants may request a one-year extension of land use approval with a written request that documents that applicant is making substantial progress on the project. Your letter of February 25, 1997 provides this documentation. Unless modified or appealed, this time extension approval is valid for a period of one (1) year from the date of the decision. If no further action is taken within one (1) year of the decision, the decision will expire. This decision may be appealed by any person who is aggrieved by the granting or denying of a request for time extension. The appeal must be in the form of a letter delivered to the Department of Community Development Services, 33530 1st Way South, Federal Way, WA, be accompanied by the established fee, within fourteen (14) calendar days after issuance of the decision. The appeal letter must contain a clear reference as to how the decision on the time extension effects the appellant's property and must present any relevant material or information supporting the appellant's contention. The appeal will be heard and decided upon using process II. This decision to extend the land use approval time shall not waive compliance with future City of Federal Way codes, policies and standards relating to this development. Ms Suzanne Wong March 10, 1997 page 2 If you have any questions regarding this decision, please contact Deb Barker, Associate Planner, at 661-4103. Sincerely, Grego . Moore, AICP Director of Community Development Services c: Deb Barker, Associate Planner Stephen Clifton, Public Works Development Services Manager Dick Mumma, Building Official Messier File RECERIFD r T- F2E `1997 (AlY;iF€EDERAL WAY February 25, 1997 BUILDING DEPT. Mr. Greg Fewins King Co. Tax Lot#0921049092 Principal Planner Process II Var#UPR 95-0025 City of Federal Way 33530 1sT Way South Federal Way,WA 98003-6221 Ms. Suzanne Wong P. O.Box 28677 Seattle,WA 98118 (206) 723-7826 Dear Mr.Fewins: I am requesting an extension of the Process II variance granted February 27, 1996 for the property located at 30521 28TH Avenue South. I purchased this property from Doris Messier in November of 1996, and since that time have been working to complete the necessary items required for permit application as outlined by Bill Kingman. At the present time an updated geotechnical report has been completed(as requested that I have done by Bill Kingman)and the house plans are complete with the exception of the structural calculations and foundation and piling plans which are now being worked on,but which will not be ready in time to complete the application process prior to the lapse of the variance. I request that additional time be granted in order that I may build on the lot. At the time I purchased the lot from Ms.Messier she had already completed much of the planning for the lot,but had not actually designed a house for the lot. Given the small size of the lot and the limited footprint and contour of the property,it has been much more time consuming than anticipated coming up with workable plans for the lot.At the outset I had believed that the permit application materials would be ready by now, instead the plans themselves were only completed last Friday at which point they were delivered to the structural engineer. Sincerely, y Suzanne Wong ANTAcr : LAM`( Won) C. CZa ( ) 62_I - $080 C PAURIVo cg At.+tiiL CITY OF G • IFn SIGN INSTALLATION CERTIFICATE APPLICATION # 3fI'►e -CEO o` ' PROJECT NAME lAIGSSt - _ FESO ENS PROJECT ADDRESS 305 Z ZaT1.6 mt So, DATE OF INSTALLATION LOCATION OF INSTALLATION 3052A Z`)T flu. SO . PE-"Kr -ta STD I hereby testify that the sign installed fully complies with the installation standards of the Department of Community Development "Instructions for Obtaining and Posting Large Signs," and that the sign will be maintained until a final decision is issued on the land use action, including any associated appeal period. I understand that the failure to return this certificate within five days of posting may result in delays, notice corrections, and re-mailings at the applicant's expense. 2 //C5,75—— Applicant's N e / `' Dat ; -{,--e, - -?65`2, - 2(r 7- 75/4-/Z- Appli nt's's Signature Phone (Day) E STATg0 9y 1889‘ STATE OF WASHINGTON DEPARTMENT OF ECOLOGY Northwest Regional Office, 3190 - 160th Ave S.E. • Bellevue, Washington 98008-5452 • (206) 649-7000 March 22, 1996 I certify that I mailed a copy of this document to the persons and addresses listed thereon, postage prepaid, in a receptacle for United Bill Kingman States mail in Bellevue,Washington on 3 "9-2— 19 gC, Federal Way Planning Dept 33530 1st Way S k1/14r(e,a,) Federal Way Wa 98003-6210 Greg Otto 2117 Ne 13th Portland Or 97212 Dear Mr. Kingman and Mr. Otto: Re: Federal Way Permit#SMP95-0004 OTTO, GREG; MESSIER, DORIS - Applicants Shoreline Variance Permit 1996-NW-10007 The Department of Ecology has reviewed the above referenced Shoreline Variance permit to construct an 1800 sq ft. single family residence on 4500 sq ft. waterfront lot on Steel Lake within the setback. We concur that the proposal, as approved by Federal Way, meets the intent of the master program and the criteria set forth in WAC 173-14-150 for granting a Variance. The permit is hereby approved. This approval is given pursuant to requirements of the Shoreline Management Act of 1971. Other federal, state, or local approvals may be required. Those developments and activities authorized by the subject permit may not begin until twenty- one (21) days from the transmittal date of this approval letter, or until conclusion of any review proceeding (appeal) initiated within the twenty-one day period. You will be notified in writing if this permit is appealed. If you have any questions on the above action, please contact Alice Kelly at (206) 649-7129. Since 1y, ,,i-k, .7,/,-e,/,_ ' ____ Raymond Heliwig, Sectio upervisor Shorelands and Water Resources Program RKH: AK:ak Enclosure 0 mu r G N)N) EEENEEMIL. RECEIVED Shoreline Management Act of 1971 MAR 11 1996 Permit No. SMP95-0004 33530 First Way South Federal Way WA 98003 DEPT. U r t Li u LO GY Phone (206) 661-4000 PERMIT FOR SHORELINE MANAGEMENT SUBSTANTIAL DEVELOPMENT, CONDITIONAL USE, OR VARIANCE 0 Substantial Development Permit ❑ Conditional Use ® Variance Administering Agency City of Federal Way Date ® Approved 0 Denied Date of Issuance 2/27/9 6 Date of Expiration 2/2 7/2 0 01 A permit is hereby granted/denied to (pursuant to RCW 90.58) Greg Otto and Dorris Messier 2117 NE 13th, Portland, OR, 97212 (Address) to undertake the following development: Construct a 1, 800 sq ft residence on a 4 , 500 sq ft waterfront LOT. upon the following property (Section, Township, Range): 9-21-4 Within (Name of water area) Steel Lake and/or its associated wetlands. The project will /ill not be)within shorelines of state wide significance (RCW 90.58.030). The project will be located within a (Environment) Urban designation. The following master program provisions are applicable to this development. State the master program sections or page numbers. If a conditional use or variance, also identify the portion of the master program which provides that portion of the master program being varied. King County Code 25 . 16. 100 . Residential Development: Federal Way City Code 18 . 166 , Shoreline Variance. Development pursuant to this permit shall be undertaken pursuant to the following terms and conditions: See attached City of FEderal Way Hearing Examiner decision dated February 27 , 1996 (application was approved without conditions) . This permit is granted pursuant to the Shoreline Management Act of 1971 and nothing in this permit shall excuse the applicant from compliance with any other federal, state, or local statutes, ordinances, or regulations applicable to this project, but not inconsistent with the Shoreline Management Act (Chapter 90.58 RCW). This permit may be rescinded pursuant to RCW 90.68.140 (7) in the event the permittee fails to comply with the terms of conditions hereof. CONSTRUCTION:PURSUANT TO THIS PERMIT WILL NOT BEGIN OR IS NOT AETCHORIZED UNTIL THIRTY DAYS FROM THE DAT OF FILING AS DEFINED IN RCW 90$8'.140(6)AIgD WAC 173�14.090,OR U ALL REVIEW PROCEEDINGS 1NrrIATEDwrr$OtTHIRT'Y DAYS PROM THE DATE OP SUCH P LIN'G HA `sTERMII4.4-T.gD,EXtttr..: :: AS PROVIDED IN RCW 90 58 1,40(5)(A)(B)(c)= Approval 2 4 ' % SrmP+t�t`1 GAKSCEAKX, Date g/�►7 lqk F w'g`f Ejc9M/N . FOR CONDITIONAL USE OR VARIANCE PERMIT • ® Approved O Denied Date Received This 'variance permit is approved/denied by the department pursuant to Chapter 90.58 RCW. Development shall be undertaken pursuant to the following additional terms and conditions: • SHOREDEV.PER REVISED 12/8/94 CITY OF = • Er)EF L Fr �\ (206)661-4.000 Yl' 33530 1ST WAY SOUTH FEDERAL WAY,WA 98003-6210 Mr. Robert Fritzen, Shoreline Permit Reviewer March 8, 1996 Wash DOE - NW Regional Office 3190 - 160th Avenue SE Bellevue, WA 98005 RE: Messier Shoreline Variance Permit #SMP90004 Dear Mr. Fritzen: The City of Federal Way has approved a shoreline variance permit for Greg Otto and Doris Messier pursuant to the State Shoreline Management Act and the city's Shoreline Master Program. The proposal relates to construction of a new 1800 square foot residence on a 4550 square foot waterfront lot at 30521 28th Avenue South, King County, abutting Steel Lake. To assist your review of the shoreline variance, I have enclosed: * Vicinity map * Shoreline variance application, October 5, 1995 * Shoreline variance public notice and affidavits of publishing and distribution * State Environmental Policy Act checklist submitted October 5, 1995 * State Environmental Policy Act Staff Analysis, November 7, 1995 * State Environmental Policy Act decision, November 16, 1995 * Shoreline Variance Staff Report, February 13, 1996 * Hearing Examiner decision, February 27, 1996 * Shoreline variance permit, February 29, 1996 * Drawings I hope this information is sufficient to allow the department's Shorelands Division and Attorney General to begin review of the application. Please call me at 661-4110 if you have any questions. Respectfully, Bill Kingman, AICP Associate Planner c: Department of Ecology Attorney General, 4407 Woodview Drive SE, POB 40117, Olympia, WA 98504-0117 Greg Otto, POB 12003, Portland, OR 97212 SMP9504.L3 NOTICE OF ,',i PROL°Eg�TWO t. SHORELINE VARIANCE APPLICATIOtj t, The City of Federal Way Department =of:.Community Development Services ,hasrce►ved'`a Process IIShoreline':Variance}lance,c use}applicationto yinAFFIDAVIT OF PUBLICATION :nudewithin the25'tpotwideshor@linsetbackT,Or Steel;i Lake'(6 tfeetAs ;:i; "pro s po ed) related toconstruconof arnew1800squarefoot.'fesidence'atfpp No. F733052128th>AvenueSouth, FederaI.Way.=Thproposalislocate 'wthin i�310 feet'of Steca Lake,:Fedeal` ay;;l STATE OF WASHINGTON) Washington. COUNTY OF KING )ss. �' File Number; SMP85.0004PR95-".� 0025/SEP95-0024 s< 3 I,Carla Royter,being first duly sworn on oath deposes and says: I' Name of Applicant GregOtto& Doris That she is the Marketing Director of The Federal Way News, Messier, POB 12003,r-Portland, OR a tri-weekly newspaper which is now and at all times herein 97212,Phone:(503)287-3142 t` " mentioned has been published and printed in an office maintained Project Address: 30521:"28th^Avenue ' South;'Federal Way,WA � . . ,� ;� at the place of publication at Federal Way, King County, City Contact: Bi11,IGngman, AICP,As= Washington, that by order of the Superior Court of the State of Societe"Planner,;Phone (206) ¢61r Washington in and for King County, said newspaper is now and 4110 s, at all times mentioned herein has been approved as a legal The application will be.,reviewed"under newspaper for the publication of any advertisement, notice, the provisions of Section 22-,431 summons, report, proceedings, or other official document (Process II) and Section`18-161 required by law to be published, that said newspaper was (Shoreline Manage:Dui ent) of the Fed published regularly at least once each week, in the English eral Way City Code Any person or blic'` tenc t., language,as a newspaper of general circulation in Federal Way, pressing an interest . y 1 '' King County, Washington, at the time of application to the thlg matter tS;tn: vited to submit writteomments to Gr@g•,; aforementioned Superior Court for approval as a legal newspaper, Moore,. AICP, o munt De- and was so published for at least six months prior to the date of velOpment SeNiCeS irector, On said publication,and is now and at all times mentioned herein has fore November 23,1995 been so published. The:official file is available for r ..' , That the annexed is a true copy of a Notice by the City at the Department of Commun pe= .01 of Federal Way of Process II Land Use Application for Greg and velopment,S@NIC@S, 33530'1st a`;,- Doris Messier;File Nos.SMP95-0004/UPR95-0025/SEP95-0024 South, Federal Way, WA 98003. . rjt-- ten comments may also be sub itt to this address . �,$ ,.� ' (4e,r Al Published in'the Federal'Way, as it was published in regular issues of said newspapers once each on November 2 and 9,.1995. eR week for a i �' period of two consecutive week(s), commencing `'= 73 'i 3 on the 2nd day of November , 1995,and ending on the 9th day of November , 1995,both dates inclusive,and that said newspaper was regularly distributed to its subscribers and as a newspaper of general circulation during all of said period. That the 11 amount of the fee charged for the foregoing publicati n s the sum Lvt.(.Gt/ .of 67.2 Iiiii Subscribed and sworn to before me this 16th day of November , 1995 LM �' No blic in an.'r j1. State of Washington r Resid' at Seattle.My mmission expires 5/30/99. cm or G vs> Shoreline Management Act of 1971 Permit No. SMP 9 5-0 0 0 4 33530 First Way South Federal Way WA 98003 Phone (206) 661-4000 PERMIT FOR SHORELINE MANAGEMENT SUBSTANTIAL DEVELOPMENT, CONDITIONAL USE, OR VARIANCE ❑ Substantial Development Permit ❑ Conditional Use El Variance Administering Agency City of Federal Way Date E Approved ❑ Denied Date of Issuance 2/2 7/9 6 Date of Expiration 2/2 7/2 0 01 A permit is hereby granted/denied to (pursuant to RCW 90.58) Greg Otto and Dorris Messier 2117 NE 13th, Portland, OR, 97212 (Address) to undertake the following development: Construct a 1 , 800 sq ft residence on a 4 , 500 sq ft waterfront LOT. upon the following property (Section, Township, Range): 9-21-4 Within (Name of water area) Steel Lake and/or its associated wetlands. The project ' will not b)within shorelines of state wide significance (RCW 90.58.030). The project will be located within a (Environment) Urban designation. The following master program provisions are applicable to this development. State the master program sections or page numbers. If a conditional use or variance, also identify the portion of the master program which provides that portion of the master program being varied. King County Code 25 . 16 .100 . Residential Development: Federal Way City Code 18 . 166 , Shoreline Variance . Development pursuant to this permit shall be undertaken pursuant to the following terms and conditions: See attached City of FEderal Way Hearing Examiner decision dated February 27 , 1996 (application was approved without conditions) . This permit is granted pursuant to the Shoreline Management Act of 1971 and nothing in this permit shall excuse the applicant from compliance with any other federal, state, or local statutes, ordinances, or regulations applicable to this project, but not inconsistent with the Shoreline Management Act (Chapter 90.58 RCW). This permit may be rescinded pursuant to RCW 90.68.140 (7) in the event the permittee fails to comply with the terms of conditions hereof. • CONSTRUCTION URSUANTTO THIS`:PF.E MIT WIT.L N©T'BEGIt OIL IS NOT AXT HORIZED UNTIL THIRTY DAYS`> ` FRONITHI'i DAZE O II.ING ASDEFINEDIN IRCW� S$ 0 ). I E 7 1 -0 Q:OR NI t.A• LL EV W PROCEEDINGSINITIATEDWITHINTHIRTYDAYSFROMTHE':DATEOFSUGHF.ILINGHAVETERMIJATED;` EPT • Approval ��� N -o)ee. Sr +t�N c.4,15StA"fx, Date 7/9° FEP ruPy E'-E4-4tWei Etc9i+a0 FOR CONDITIONAL USE OR VARIANCE PERMIT ® Approved O Denied Date Received This 'variance permit is approved/denied by the department pursuant to Chapter 90.58•RCW. Development shall be undertaken pursuant to the following additional terms and conditions: • SHOREDEV.PER REVISED 12/8/94 City of Federal Way Department of Community Development Memorandum TO: File FROM: Bill Kingman/0/ RE: Messier Residence, SMP95-0004 DATE: February 12, 1996 Below is a list of Process Two hearing notice envelopes which were returned to the city. Shelly Peter B+ Andrea Hill 2463 8th South Des Moines, WA 98198 Kollars Duane F 11018 Occidental Avenue South Seattle, WA 98168 Mc Lane Michael J 2027 South 304th Street Federal Way, WA 98003 SMP9504.LST 2435 South 304th Street _ Federal Way, WA 98003 �% V.7D 199 January 31, 1996 FEB - Z CFT DAl"Ton NE Hearing Examiner RECEIVED Department of Community Development City of Federal Way FEB 2 1996 33530 First Way South CITY OF E Federal Way, WA 98003 -WAY Dear Sir; I am writing in concern about the proposed home at 30521 28th Avenue South. The proposal to construct an 1800 square foot residence on a 4550 square foot waterfront lot abutting Steel Lake has me very concerned. I seriously question the size of the lot. The deeds of the property at that end of the lake extend out into the water in the description of the property owned. I want to make sure that none of the 4550 square foot lot is taking the portion owned out into the lake into consideration in the square footage size. If the lot size is not based entirely on actual dry land, 4550 square foot is not a true and accurate description of where the house will actually be built. That lot has been for sale for a number of years. Prior to this time, I was under the assumption that it was not a buildable lot due to its size. An 1800 square foot home on an extremely small lot will not be to Steel Lake's advantage. Granting variances for the building to occur may be detrimental in establishing precedents for the long term benefits of the lake. The lake is in a state of change, and the Steel Lake Residents' Association has taken a very active role in helping to protect the lake from the impact of development. We have just completed an Aquatic Plant Management Plan with the City of Federal Way's Public Works Department Surface Water Management Division. We are currently working on ways to implement the plan. The association has met many times over the years when we feel the lake may be endangered. Although one house is not the same as a major development, it is one more thing that may upset the lake's environmental balance if major changes are allowed to occur in order for it to be built. Building a house within five feet of the lake is not at all suitable to our lake environment. Runoff into a lake is of major concern. The amount of land for water to run across before it actually enters the lake is extremely important for the lake's welfare. The surface it runs across is also of importance. For example, anybody building a new driveway on the lake has to meet very restrictive requirements to ensure the runoff from the road does not directly enter the lake. 28th avenue is a major Federal Way road with a great deal of traffic creating a lot of oil runoff. Although the driveway will also have to meet the requirements, it will be extremely close to the lake. Allowing a setback variance would decrease the amount of land that the runoff could traverse even though a natural swale is supposed to be built. There also is really no guarantee that the swale will be maintained over the years. Allowing a home to intrude within the shoreline setback of 25 feet and to intrude within the regulated lake setback of 20 feet are requests that need very careful and well thought out consideration. It is an action that could affect every person who uses the lake. The lake is as important to the city of Federal Way as well as to the residents on the lake. It is the only public water access on a lake that the city has. The cleanliness and health of the lake are extremely important to every one of us. Allowing a variance so that a house can be built because the owners of the lot want it, does not seem to be an acceptable option. Thank you very much for your consideration. Sincerely, ,..///artru,d: Margaret Reyhner RECEIVED BY COMMUNITY DEVELOPMENT DEPAATUcPJT February 1, 1996 FEB 7 1996 Mark and Toni Kuciemba 2219 S. 304th St. Federal Way,WA 98003 City of Federal Way Department of Community Development 33530 First Way South Federal Way, WA 98003 File SMP95-0004/UPR95-0025 Dear Mr. Kingman, This letter is in response to a proposal to construct a new residence at 30521 28th Ave. South in Federal Way. This waterfront lot is located on Steel Lake. In recent years the residents of Steel Lake with the cooperation of the City of Federal Way have placed a great deal of effort into preserving the quality of this small, shallow lake. The water quality has deteriorated significantly due to the invasion of aquatic plants. This has caused Steel Lake to become shallower and swamp-like, affecting recreational use as well as aesthetic value. Steel Lake residents first gathered over 10 years ago to address the issue of water quality degradation. The involvement of the City of Federal Way Public Works Dept., Surface Water Management Division in recent years has greatly helped to further the effort to seek solutions to the problem. Among the many things we have educated ourselves about is protecting Steel Lake from further water quality degradation in the future. A shoreline setback of 20 or 25 feet is minimal and vital to maintaing a pollutant free zone to protect shoreline and water quality of the Lake. To approve a setback of less than 20 feet seems to be in complete disregard for all that we have worked to improve and protect. Steel Lake Park is the only waterfront park maintained by the City of Federal Way. It is a highly popular,newly renovated park used by many of the citizens of Federal Way. City approval of such a significant variance is unwarranted given the interests of the city and ifs citizens. We strongly oppose the approval of this proposal in the interest of preserving the quality of Steel Lake for the community. Sincerely, Ll„ CSC'% >)L G L i / Y lf � W% 'I,UC, L AFFIDAVIT OF PUBLICATION " .vr Notice ,+' ' 441tt' No. F34 e.', L, , `. At P.M. .,$tom Sri ,'� 1 STATE OF WASHINGTON) ber3 at �a COUNTY OF KING )ss. al Way, .`'ice- 04; HEARINO- 0 sal to,oon- I, Karla Glass, being first duly sworn on oath deposes struct a ne# +8OO ate foot reed- and says: That she is the Accounts Receivable Manager dance on a rp fowt -` of The Federal WayNews, a bi-weekly newspaper front lot .atte' Process 0 Yshoreline. in- which is now and at all times herein mentioned has been trude with setback of published and printed in an office maintained at the place 25 feet and:; td I is Is- of publication at Federal Way, King County, 4vested o ' regul d lake setback ot 20 figwg fir''requests Washington, that by order of the Superior Court of the are duet)"s Sewer lint rioting the State of Washington in and for King County, said lc- ., newspaper is now and at all times mentioned herein has P4,18PO8E.OP INEARlOCIf To take been approved as a legal newspaper for the publication public teetimorty PROACTAAlash of any advertisement, notice, summons, report, Avenuelitt1t ' 3 2I proceedings, or other official document required by law APP Tt '4104 ems to be published, that said newspaper was published 160064et , *' regularly at least once each week, in the English 07*12, PILE language, as a newspaper of general circulation in �` Federal Way, KingCount Washington, at the time of i a . = ` ' y, g 'CITY �q ,� .. .. application to the aforementioned Superior Court for As oche ll 3 � approval as a legal newspaper, and was so published for 4110 'r .°' '�{l.,' ; at least six months prior to the date of said publication, AnY is Okiettlfr 'et and is now and at all times mentioned herein has been so tha application Is i dar the hearing or submit a mann ta tIe published. the Hearing Exam. , elither'-ly dNir+- That the annexed is a true copy of a Notice by - . these comments to the Depart- the City of Federal Way of Land Use Hearing on February 13, 1996 regarding the Messier Residence; File No's SMP95-0004/UPR95-0025 tr. decision on the application Within tea working days-air'the clobf ilia F as it was published in regular issues of said newspapers -On who' hearing. �persona once each week for a ten or oral **mental**. Hewitt period of one consecutive week(s), commencing Examiner may appeal.the Hearing by.. aminer's decision. on the 27th day of January , 1996, and ending suuant a ai Way Serp tion 22-443 and other on the 27th day of January , 1996,both dates Codes, rsgu atiOrks and policies of Pia City of Federal Way. The-official Bile is.avadable`fcu-review inclusive, and that said newspaper was regularly during working hours 1i th0 Depart- distributed to its subscribers and as a newspaper of ment of Community lopmet+l general circulation during all of said period. 33530 Fkttt.` ,011, `Sgillttt,� l 90003. St81 _, That the full amount of the fee charged for the for review► illa. In cal* foregoing publication is the sum of$ 57.75 . pr • " POP /� R —ems f in the FOOPOO Wad SW on dent syy 27,1908• Subscribed and sworn to before me this 1st day of Febuary , 1996. r1)1141((at POCal Notary Public in and f tie State of Washington fl E C E I v E D Residing at Seattle. My commission expires 5/30/99. FEB 0 7 1996 iv,,,,,,,u,,:„LV l SERVICES CITY OF FEDERAL WAY • AFFIDAVIT OF DISTRIBUTION hereby declare, under penalty of perjury of the laws of the State of Washington, that: ❑ Notice of Application 0 Notice of Proposed Land Use Action ❑ Notice of Action 0 Notice of Public Meeting ❑ Notice of Application for Shoreline Erg-Of-ice of Public Land Use Hearing Management Permit ❑ Notice of Determination of Significance 0 Shoreline Management Permit ❑ Notice of Determination of Non- 0 Official Notice Significance and Scoping Notice ❑ Notice of Environmental Determination ❑Other of Non-Significance (SEPA) ❑ Notice of Environmental Mitigated ❑Other Determination of Non-Significance (SEPA) wa mail' e axed/posted to/at each of following addresses (see.attached) on i- / 9 , 1996. Project Name File Number(s) ;� �1���`/ ' G ` Signature Date // /cl AFFIDAVI.DOC REVISED 1/3/96 CITY OF FEDERAL WAY NOTICE OF LAND USE HEARING MESSIER RESIDENCE Notice is hereby given that a public hearing will be held by the City of Federal Way Hearing Examiner at 2:00 p.m. on Tuesday. February 13. 1996 at the Federal Way City Council Chambers at 33530 First Way South, Federal Way Washington 98003. HEARING TOPIC: Proposal to construct new 1800 square foot residence on a 4550 square foot. waterfront lot abutting Steel Lake. Process II shoreline variance is requested to intrude within the shoreline setback of 25 feet and Process I approval is requested to intrude within the regulated lake setback of 20 feet. Both requests are due to a sewer line crossing the subject lot. PURPOSE OF HEARING: To take public testimony. PROJECT LOCATION: 30521 28th Avenue South APPLICANT: Greg Otto & Doris Messier POB 12003, Portland OR 97212 Phone: 503-287-3142 FILE NUMBER: SMP95-0004/UPR95-0025 CITY CONTACT: Mr. Bill Kingman, Associate Planner, phone: (206) 661-4110 Any person desiring to be heard on the application is invited to attend the hearing or submit written comments to the Hearing Examiner, either by delivering these comments to the Department of Community Development prior to the hearing or by presenting them to the Hearing Examiner during the hearing. The Hearing Examiner will make a decision on the application within ten working days after the close of the hearing. Only persons who submit written or oral comments to the Hearing Examiner may appeal the Hearing Examiner's decision. The application will be reviewed pursuant to Federal Way City Code Section 22-443 and other applicable codes, regulations and policies of the City of Federal Way. The official file is available for review during working hours in the Department of Community Development, 33530 First Way South, Federal Way 98003. Staff reports will be available for review one week prior to the hearing. In case of any questions regarding this proposal, contact Bill Kingman, Associate Planner at 661-4110. Published January 20, 1996,in the Federal Way News. SMP9504.N2 AFFIDAVIT OF DISTRIBUTION hereby declare, under penalty of perjury of the laws of the State of Washington, that: ❑ Notice of Application ❑ Notice of Proposed Land Use Action ❑ Notice of Action ❑ Notice of Public Meeting ❑ Notice of Application for Shoreline Notice of Public Land Use Hearing Management Permit ❑ Notice of Determination of Significance ❑ Shoreline Management Permit ❑ Notice of Determination of Non- ❑ Official Notice Significance and Scoping Notice ❑Notice of Environmental Determination ❑Other of Non-Significance (SEPA) ❑ Notices of Environmental Mitigated ❑Other Determination of Non-Significance (SEPA) was mailed/faxed/posted to/at each of following addresses (see other side) on 1996. Project Name _'\ _,Z >�,�__ `.c:>� Z I File Number(s) Signature -, Date - ti AFFIDAVI.DOc REVISED 1/4/96 The City Of Federal Way posted the attached proposal to the following locations: The Federal Way Regional Library 34200 1st Way South Federal Way, WA 98003 Federal Way Library 848 South nOth Street Federal Way, WA 98003 Federal Way City Hall (Bulliten Board) 33530 1st Way South Federal Way, WA 98003 z CITY OF FEDERAL WAY NOTICE OF LAND USE HEARING MESSIER RESIDENCE Notice is hereby given that a public hearing will be held by the City of Federal Way Hearing Examiner at 2:00 p.m. on Tuesday, February 13, 1996 at the Federal Way City Council Chambers at 33530 First Way South, Federal Way Washington 98003. HEARING TOPIC: Proposal to construct new 1800 square foot residence on a 4550 square foot. waterfront lot abutting Steel Lake. Process II shoreline variance is requested to intrude within the shoreline setback of 25 feet and Process I approval is requested to intrude within the regulated lake setback of 20 feet. Both requests are due to a sewer line crossing the subject lot. PURPOSE OF HEARING: To take public testimony. PROJECT LOCATION: 30521 28th Avenue South APPLICANT: Greg Otto & Doris Messier POB 12003, Portland OR 97212 Phone: 503-287-3142 FILE NUMBER: SMP95-0004/UPR95-0025 CITY CONTACT: Mr. Bill Kingman, Associate Planner, phone: (206) 661-4110 Any person desiring to be heard on the application is invited to attend the hearing or submit written comments to the Hearing Examiner, either by delivering these comments to the Department of Community Development prior to the hearing or by presenting them to the Hearing Examiner during the hearing. The Hearing Examiner will make a decision on the application within ten working days after the close of the hearing. Only persons who submit written or oral comments to the Hearing Examiner may appeal the Hearing Examiner's decision. The application will be reviewed pursuant to Federal Way City Code Section 22-443 and other applicable codes, regulations and policies of the City of Federal Way. The official file is available for review during working hours in the Department of Community Development, 33530 First Way South, Federal Way 98003. Staff reports will be available for review one week prior to the hearing. In case of any questions regarding this proposal, contact Bill Kingman, Associate Planner at 661-4110. Published January 20, 1996,in the Federal Way News. SMP9504.N2 CITY OF • • ‘11\)\) f=r5 33530 1ST WAY SOUTH FEDERAL WAY,WA9j8003-662010 December 28, 1995 Mr. Greg Otto c.\\.°6 PO Box 12003 Portland, OR 97212 RE: APPROVAL, Messier Residence Site Plan Application - SPR95-0014 Dear Mr. Otto: The City of Federal Way completed the administrative review of your proposed 1,800 square foot residence on a 4550 square foot lot located at 30521 28th Avenue South, Federal Way. The site plan application is hereby approved without conditions per the attached Findings For Site Plan Approval. A staff report regarding the shoreline and regulated lake setback variances is being prepared for the city's Hearing Examiner. The public hearing before the Hearing Examiner will be set for the near future. You will be sent a staff report within one week of the hearing. You are invited to attend the hearing and provide testimony to the Hearing Examiner. Under Process II review, the proposed development requires final approval by the Hearing Examiner. Therefore, the site plan review decision is considered a recommendation to the Hearing Examiner. This administrative decision is required by the Federal Way City Code (FWCC) to be incorporated into the staff report prepared for Hearing Examiner review. Site plan approval does not grant license to begin any type of site work. Unless modified or appealed, this approval is valid for a period of one year from the date of the decision. If no further action is taken within one year of the decision, the decision will expire. A single one year extension may be granted only if a written request is submitted to the city's Department of Community Development Services, 33530 First Way South, Federal Way, Washington, 98003 at least 30 days prior to the expiration of the decision. This decision may be appealed by any person who received a copy of this decision. The appeal must be in the form of a letter delivered to the Department of Community Development Services, 33530 First Way South, Federal Way, Washington, 98003 and be accompanied by the established fee, within 14 calendar days after issuance of the decision. The appeal letter must contain a clear Mr. Greg Otto December 28, 1995 Page 2 reference to the matter being appealed and a statement of the factual findings and conclusions of the Director of Community Development Services disputed by the person filing the appeal. A request for reconsideration of this decision may also be filed by any person who received a copy of the decision, within seven calendar days after the issuance of the decision pursuant to the procedural requirements of FWCC Section 22-396(b). This decision shall not waive compliance with future City of Federal Way codes, policies, and standards relating to this development. Also, be advised that various performance and maintenance bonds and cash deposits may be required for the project. Any bonds or other agreements as required must be completed prior to issuance of any related construction permits. A cash deposit is intended to cover the city's potential expenses, if necessary, for obtaining and using the proceeds of any bond. The cash deposit shall be posted for up to five percent ($100 minimum) prior to building permit issuance. The cash deposit will be refunded following satisfactory completion of all bond requirements. State Environmental Policy Act (SEPA) A Determination of Nonsignificance was issued November 16, 1995, for the proposal pursuant to the State Environmental Policy Act (file number SEP95-0024). One comment letter was submitted November 28, 1995, during the comment period which expired December 1, 1995. The city responded to the letter December 8, 1995. No appeals were submitted during the appeal period which concluded December 15, 1995. No changes or corrections were made to the city's initial determination. Please contact Bill Kingman, AICP, Associate Planner, at 661-4110 if you have any questions regarding this decision. Sincerely, Gregory . Moore, AICP Commu ity Development Services Director enc: Findings for Site Plan Approval SEPA Decision c: Stephen Clifton, Development Services Manager Dick Mumma, Building Official Bill Kingman, Associate Planner Greg Brozek, King County Fire District Mary Cossette, Lakehaven Utility District srR95l4.nry CITY OF • (206)661-4000 d=11y 33530 1ST WAY SOUTH FEDERAL WAY,WA 98003-6210 FINDINGS FOR SITE PLAN APPROVAL APPLICATION NUMBER SPR95-0014 Messier Residence 30521 South 28th Avenue South The following are findings for recommending site plan approval of a proposed 1800 square foot residence on a 4550 square foot lot located at 30521 28th Avenue South, Federal Way. Findings 1. The development proposal consists of a 1800 square foot residence on a 4550 square foot lot. 2. The lot is zoned RS 7.2, residential single family, minimum lot size 7,200 square foot The city's Comprehensive Plan designation is Suburban Residential. The lot is classified as a "legal building site" because it was recorded with King County Assessor's Office prior to February 28, 1990, and has not been simultaneously owned by the owner of a contiguous lot subsequent to that date. 3. The residence is proposed within a Shoreline Management Act urban designation setback which is 20 feet wide. A Process II shoreline variance (file number SMP95-0004/UPR95- 0025) was filed to request a setback of 6.5 feet from the ordinary high water mark (OHWM) of Steel Lake. This is 13.5 feet within the 20 foot shoreline setback requirement. The shoreline variance application will be decided by the Federal Way Hearing Examiner following a public hearing on the matter. 4. The residence is proposed within a Federal Way City Code (FWCC) defined "regulated lake" setback which is 25 feet wide. A Process I regulated lake setback variance (file number UPR95-0013) was filed to request a setback of 6.5 feet from the OHWM of Steel Lake. The proposal is classified as a "other intrusion" pursuant to FWCC Section 22-1334(4) and may be allowed pursuant to Process I approval. However, the Process I regulated lake intrusion decision will be made by the Federal Way Hearing Examiner due to the related Process II shoreline setback variance. 5. The subject site abuts Steel Lake, a 19.2 acre freshwater lake developed with residential homes. Steel Lake is identified as a "regulated lake" by the FWCC and wetland by the King County Wetland Inventory, Washington State Department of Wildlife, and U.S. Fish and Findings for Site Plan Approval Messier Residence SPR95-0014 Page 2 Wildlife Service. Based on Federal Way regulations, regulated lake permit and design requirements take precedence over wetland permit and design requirements due to the type of wetland identified by the above agencies (open water), the developed nature of Steel Lake and proposed scope of work. 6. The lot is located in a developed residential area. Residential utilities and services are nearby to service the lot. 7. Slopes on the lot are approximately 13 percent grade. No onsite slopes are classified as geologically hazardous as defined by FWCC Section 22-1. 8. Approximately 19 cubic yards of fill material will be imported for construction of the driveway. A temporary erosion/sedimentation plan will be provided with the building permit. Any erosion-related impacts created during clearing and construction activities must be addressed according to a city approved Temporary Erosion/Sedimentation Control Plan. 9. The lot abuts 28th Avenue South which is classified as a minor arterial by the Federal Way Comprehensive Plan. One paved driveway will provide vehicular access from the proposed residence to the street. Right-of-way improvements are not required with the proposal because a administrative modification to the right-of-way improvement requirements was granted by the Public Works Department. 10. No increase in public services is necessary for the proposal. 11. Lakehaven Utility District will provide domestic water and sanitary sewer services to the lot. 12. A Determination of Nonsignificance was issued November 16, 1995, for the proposal pursuant to the State Environmental Policy Act (file number SEP95-0024). The determination was based on review of information in the application and resulted in the conclusion that the proposal would not result in probable significant adverse impacts on the environment. Affected agencies, tribes, and the public were offered the opportunity to comment on or appeal the determination for 29 days. One comment letter was submitted November 28, 1995, during the comment period which expired December 1, 1995. The city responded to the letter December 8, 1995. No appeals were submitted during the appeal period which concluded December 15, 1995. No changes or corrections were made to the city's initial determination. 13. The application includes a Topographic Map and Site Plan drawing, received December 11, 1995. 14. The application includes a South Elevation drawing, received December 11, 1995. Findings for Site Plan Approval Messier Residence SPR95-0014 Page 3 15. The application includes a Building Setback drawing, received December 11, 1995. 16. The proposed development will embody good design principles and not conflict with adjacent uses in the immediate area. 17. The proposed site plan and application attachments will comply with the Federal Way Comprehensive Plan, pertinent zoning regulations, and all other applicable city regulations, provided the Process II shoreline setback and Process I regulated lake variances are approved. 18. The proposed development will be consistent with Site Plan Review decisional criteria, FWCC Section 22-364, provided the Process II shoreline setback and Process I regulated lake setback variances are approved. Conclusions The proposed site plan application will comply with the Federal Way Comprehensive Plan, pertinent zoning regulations, and all other applicable city regulations, provided the Process II shoreline and Process I regulated lake setback variances are approved. Final construction drawings (building permit drawings) will be reviewed for compliance with specific regulations, conditions of approval, and other applicable city requirements. This decision shall not waive compliance with future City of Federal Way codes, policies, and standards relating to this development. Approved: regory . Moore, AICP Communi y Development Services Director Prepared By: Bill Kingman, AICP, Associate Planner Date: December 20, 1995 SPR9514.APV **************************************, 3L.i.***************k. ******* *****#**;c,; **A ft * BATCH NUMBER: QE COMMENT A * CUSTOMER NAME GREG OTTO 4 tri.ett*flikit*lFil *t+s.�.i►a.i►.ic.r►.w,++ra.►.+►w.'s.{, 053700-0006-06 053700-0006-06 EDDINGS LITA 539999 EDGINGS LITA 539999 2007 S 304TH 2007 S 304TH FEDERAL WAY WA 98003 FEDERAL WAY WA 98003 053700-0020-08 053700-0020-08 JOHNSON VERNETTE EBBA C0779 JOHNSON VERNETTE EBBA C0779 2009 S 304TH 2009 S 304TH FEDERAL WAY WA 98003 FEDERAL WAY WA 98003 053700-0030-06 053700-0030-06 COOK ARLINE M C0779 COOK ARLINE M C0779 2017 S 304TH 2017 S 304TH FEDERAL WAY WA 98003 FEDERAL WAY WA 98003 053700-0035-01 053700-0035-01 SELES STEVE M+GLENDA A 999999 SELES STEVE M+GLENDA A 999999 2021 S 304TH ST 2021 S 304TH ST FEDERAL WAY WA 98003 FEDERAL WAY WA 98003 053700-0040-04 053700-0040-04 MC LANE MICHAEL J CO279 MC LANE MICHAEL J CO279 2027 S 304TH ST 2027 S 304TH ST FEDERAL WAY WA 98003 FEDERAL WAY WA 98003 053700-0049-05 053700-0049-05 FOSTER J JEFFREY+DEBORA 939999 FOSTER J JEFFREY+DEBORA 939999 2033 SOUTH 304TH STREET 2033 SOUTH 304TH STREET FEDERAL WAY WA 98003 FEDERAL WAY WA 98003 053700-0055-06 053700-0055-06 HEMENWAY WILLIAM K 939999 HEMENWAY WILLIAM K 939999 34011 1ST CIRCLE S APT B 34011 1ST CIRCLE S APT B FEDERAL WAY WA 98003 FEDERAL WAY WA 98003 (N rn 4' cn . m O' on CO 00 CT rn a' rn N rn a' rn 0' on 0 r*1 0 .' 0 0 CT 0 Cr 0 O 0 In ON CO 0 N 0 .-�I o N 0 0' 0' 0 N 0 N (-> U1 C) 0" 0 ..a 0 N 0 In .... 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