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06-1011064CITY OF �. Federal March 10, 2006 John Lunnen 32729 5 1 " Place SW Federal Way, WA 98023 CITY HALL �� 33325 8th Avenue South Mailing Address: PO Box 9718 Federal Way, WA 98063-9718 (253) 835-7000 www.cityoffederalway.com RE: File #06-101106-00-AD; ADMINISTRATIVE DETERMINATION Lunnen Setback Inquiry, no site address (Parcel #112103-9009) Dear Mr. Lunnen: This letter is in response to your inquiry (received March 8, 2006) about the front setback for your newly acquired lot, King County Parcel #112103-9009, which is located adjacent to Dumas Bay Park, near 44`h Avenue SW and SW 310`h Street in Federal Way. This parcel and the 40-foot-wide easement which led to it were previously the subject of Administrative Determination File #05-103134-00-AD (Warren), wherein staff review notes show that the parcel appears to have access rights via the easement from 44th Avenue SW. You are wondering if the front setback of 20 feet is parallel to the north property line. This assumption is correct. The Federal Way City Code (FWCC) states, in Section 22-1, Definitions, as follows: Property line means those lines enclosing the subject property and those lines defining a recorded vehicular access easement or tract. The following are categories of property lines: (1) The front property line is any property line that is adjacent to a right-of-way which is more than 21 feet in width, excluding Interstate 5... If the subject property is not adjacent to a right-of-way which is more than 21 feet in width, then the front property line is the property line adjacent or principally oriented to the street providing primary vehicular access to the subject property, as determined by the Director of the Department of Community Development. Since your property is not adjacent to a right-of-way, we must consider the property line adjacent or principally oriented to the "street" providing primary vehicular access to the property. Please note the following excerpt from the definitions section: Street means both of the following: (1) A public right-of-way; (2) A vehicular access easement or tract. Street providing direct vehicle access means the street from which a vehicle can enter the subject property without traversing another street or piece of property.... Also, "Required yards means the areas adjacent to and interior from the property lines and high water mark of a lot..." Required yards are the area indicated by the setback. Your parcel is located in an RS-15 zone. In all RS zones, the required front yard is 20 feet. For your parcel the vehicle access easement is the "street." Since this "street" runs along your north property line, the front yard setback will be measured 20 feet from (and parallel to) the north property line. Mr. Lunnen March 10, 2006 Page 2 Please submit a check, payable to the City of Federal Way, in the amount of $55 for this administrative determination. Please write the file number on the check. If you have further questions, you may contact Andy Bergsagel, Associate Planner, at 253-835-2644 or andy.bergsagel@cityoffederalway.com. Sincerely, 6Aj- KathyMcClun g Director of Community Development Services enc: Warren Administrative Determination Letter (File #05-103134-00-AD) c: Andy Bergsagel, Associate Planner Sean Wells, Public Works Development Engineering File #06-101106-AD Doc. I D. 35418 ti C'zs READ NLY,143� 3 06'0617 CX11111I7 A ' &I ��� PARCEL A That portion u4 Government Lot 3 in Seclinn 11. Township 21 North, bangs 3 hArt, tf.ti.• described of- fellow" Deginnin0 at a point uhieh bears North 399.00 fcr.t and Unrth Bt,1S4150" w091 40.00 feet Iron the Southeast cbrnpr of said Goveramc^s Lot Z• THENCE North, 1.5.00 feat Dt, 120.46 fopt: THENCE North 84 43'40"t THENCE South, 145.60 Feet: THENCE South 05`00'50" East, 119.d0 foot io the t•uint of Peggy^^lag. PARCEL B An eascment, as establirhed by deed recorded under Recording Number 5060653, for ingress, egress and utilities ov-ir tha Louth 43 f-et of that portion Of Government Lot 3 in 6oction 11, Townshap 21 North, Ranpo 3 East, N.H., described as follows: Beg at a point which bears North 740.00 feet and North 09"34•SO'• Nast 40.00 feet from the Southeast corner of Said Governna-h Lot 3: to of the County tload THENCE North 64143140" N►st, 205.14 feet to the Easterly vwrA known as 44th Avenue Southeast or Hoit Road: ow pairs road mary�^• an arc THENCE a1Gn9 a 413.07 feat radius carve to the left distance of 107.72 feet; THENCE South S96S4150" East, 160.96 feat: THENCE South, 120.00 feet to the point of beginning. --Situate In the County of King, Statr of Washington. Sam & Diana Warren j 28116 10th Ave. S Des Moines, WA 98198-8211 i i 1 I AFTER RECORDING MAIL TO: 30n.•t iunnen and Helia M. Lunnen 32729 51st Place SW Federal Way, WA 98023 rare r RnFRICAN UD 34.00 i' PRGEl"' OF 003 02127/70®6 11:18 KING cc NTY, LIA Filed For.Recard R Regkfetaor:..,�y A!l5f�Qfrlprlia►17leiE First Ainerjcara Title InSurante:Company i` lnsuranae Company STATUTORY WARRANTY DEED File No: 4204-755441(CMN) Date: February 22, 2006 Grantor(s): Sam Warreri•and Diana Warren Grantee(s): John E. Lunnen and; "Hells M: Lunneti Abbreviated Legal: PTN. OF GOV-T LOT 3y SECTION 1I.,.TOWNSHIP 22 N., RANGE 3 E. Additional Legal on page: L Assessor's Tax Parcel No(s): 112103L90.09-Q1IRST WERICA.NjJ��I THE GRANTOR(S) Sam Warren and Diana Warren, husband and wife-fvr and In consideration of Ten Dollars and other Good and Valuable Consideraliori, In hand.paid, c.onv�+s, and warrants to John E. Lunnen and Hella M. Lunnen, Husband and Wife, the fallowing cl sxrl{ ad real estate, situated in the County.of King, State of Washington. PARCEL A. THAT PORTION OF GOVERNMENT LOT 3, SECTION 11, TOWNSRIP•21 NORTH, PAN GE 3 EAST, WILLANfETTE MERIDIAN, IN KING COUNTY, WASHINGTON, UESCRIBEO AS FOLLOWS: BEGINNING -AT A POINT WHICH BEARS NORTH 595.00 FEET AND NORTH-84°54's0" WEST 40.0.0 FEET FROM THE SOUTHEAST CORNER OF SAID GOVERNMENT LOT 3; THENCE NORTH 745.00 FEET; THENCE.MORTH 84043'40" WEST 120.06 FEET, THENCE SOUTH 145.60 FEET, THENCE SOUTH i3500-w50" EAST n9r.90 FEET TO THE POINT OF BEGINNING; PARCEL B: A NON -EXCLUSIVE -EASEMENT AS ESTABLISHED BY DEED RECORDED UNDER RECORDING NUMBER 5060653 Fflum.RESS AND EOR1;S5 OVER THE SOUTH 40 FEET OF THAT PORTION OF GOVERNMENT LOT 3 IN SAID SECTION.11, DESCRIBED AS FOLLOWS: f APN: IA.2103-9009-01 Statutory Warranty Deed File No.: 4204-755441 (GV) -continued Date: 02/22/2006 BEGINNING AT A POINT WHICH BEARS NORTH 740.00 FEET AND NORTH 89-54'50" WEST 40.0101 KIET FROM THE SOUTHEAST CORNER OF SAID GOVERNMENT LOT 3, THENCE NORTH 8*043'40" WEST 205.14 FEET TO THE EASTERLY MARGIN OF THE COUNTY ROAD KNOWN N K AS 44TH. AVENUE SOUTHWEST OR HOIT ROAD, THENCE ALONG A 413.07 FOOT RADIUS CURVE TO THE Lf FT ON SAW ROAD MARGIN, AN ARC DISTANCE OF 107.72 FEET, THENCE SOUTH .89054'50 EAJS7.168-86 'FEET, THEK¢E SOUTH 120.00 FEET TO THE POINT OF BEGINNING. supiect.40; This Qaireyarlce ls-:'subjecf to covenants, conditions, restrictions and easements, if any, `affecting 5q,'whirh may appear ln_the palpk-,record, including those shown on any recorded plat or survey. 4PN: 1.12103-9009-01 Statutory Warranty Deed File No.: 4204-755441(GV) continued Date: 02/22/2006 48amVVarr4en&::--- Diana Warren STATE DF Wasjtlh'gton'• ;) COUNTY Q> King } I certify that i kndw`or Dave satisfbOrV evlder'it that Sam Warren and Diana W �n, i�are he persons) who appeared before rhe,'-and said gh(s) acknowledged that hush the1g71t 'thinstrument and'aekno+,dledged It `ta be'hisih� lftr a and voluntary act for the u d purposes mentioned in this i isfrumerk. Dated: P � Notary Public r :4hd For the State of Washington °Residing at; -Yq t..W P Notary Publle }�Y appUintm: ent expires; 7-1 OEState of Washington JANAKI PERERA - My Appolntrneni Expires An 17, 20p9