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11-101918
BEFORE THE HEARING EXAMINER FOR THE CITY OF FEDERAL WAY nr iW- riiasavadvrraseutti 11-101918-00-UP Phil Olbrechts, Hearing Examiner FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION INTRODUCTION The applicants request Process IV approval of a variance to the 20 foot front yard setback required by FWRC 19.200.010 in the RS 9.6 zone for three encroachments associated with the expansion of a single family residence. The applicants also request a variance to the five foot rear yard setback required by FWRC 19-200.010 for the expansion. One of the four requested variances, involving the addition of a second floor within the existing footprint of the single family residence within the front yard setback, is approved. The other variance requests are denied. ORAL TESTIMONY Debbie Barker, senior planner of Federal Way, presented the staff report. Ms. Barker introduced her power point presentation as Exhibit O. She noted that the house is 1,750 sq feet and the owner wishes to expand it to 5,000 square feet with a new garage. She noted that the uare need for the variance was primarily necessitated by a change in the definition of front yard setback. In this case the front property line has essentially been moved as a result of a change in zoning code definition. The home is currently located ten feet from the south property line, which is now the front property line. The front yard setback is twenty feet and portions of the home extend into it up to ten feet. She summarized that the applicants propose an exterior stairway with porch and a second story within the front yard setback as well as a new garage. A rear yard setback is also proposed for the wail of an interior stairwell. The height of the house would increase to 28 feet. About 240 square feet of the second story addition would encroach into the front yard setback. The carport will be removed and a garage addition will be added generally in its place. 180 square feet of this addition would encroach into the front yard setback. The exterior stairwell will encroach ten feet into the front yard setback. She noted that the second story encroachment meets all variance criteria. The special circumstance for the second story encroachment is the change in the front yard setback definition. There are no special circumstances for the other three variance requests. She noted that the staircases can be built within required setbacks. In response to questions from the Examiner, Ms. Barker responded that the northwest corner of the property could be developed. The garage addition will be attached. Jeff Miller, Applicant's building designer, stated his concern was that the City had never informed him that the setbacks would change and that the design was based upon the front yard setback was off of 1 st Avenue. He noted that other homes in the vicinity are within seven to eleven feet of the currently defined front yard setback. He acknowledged that the home could be {PA0793145.DOQB13041.150035\ } Variance Request P. 1 Findings, Conclusions and Recommendation redesigned to meet the new front yard setback, but at great expense to his client. He said there would need to be discussions with his client about moving the proposed garage back from the current front yard setback. Dan Rayburn, Applicant representative, testified that he had spoken to staff about whether the change in access and staff did not mention the change in the front yard setback. Staff clarified that the person the Applicant spoke to was in the public work's department and would not be providing any advice on setback requirements. He noted that changing the front yard would significantly affect the design of the project. Mr. Phasavath applicants testified that the project is designed to make the home more accessible for his parents who have health issues and will be living in the home. EXHIBITS All exhibits are admitted that are identified in the "Exhibit List" on page 9 of the staff report prepared by Deb Barker, dated October 4, 2011. In addition, Ex. O, the City's power point presentation, was admitted during the hearing. FINDINGS OF FACT Procedural: 1. Annlicalat. The applicants are Phet Phasavath and Vicki Praseuth. 2. Hearing. The Hearing Examiner conducted a hearing on the application at 2:00 pm. at Federal Way City Hall on October 13, 2011. Substantive: 3. Site/Proposal Descri tion. The applicants have applied for Process IV approval for thee variances to FWRC 19.200.010, which imposes a 20 foot front yard setback to South 297th Place. The subject property is located at 29650 1st Avenue South on a corner lot that also fronts 297`h Place. It contains an existing single family residence that conformed to the King County setback requirements that were in place when the home was constructed in 1947. An existing carport is located ten feet from the west and south property line; vehicular access to the carport is off of South 297t1i Place. In 2006, the City of Federal Way adopted a code amendment to FWRC 19.05.160 that changed the definition of a front property line with respect to corner lots. A front property line is now prohibited from being located along an arterial or principal collector roadway when a property abuts two streets. 1st Avenue South is classified as a principal collector by the Federal Way Comprehensive Plan and 297th is classified as a local street. The existing home is setback 37 feet from 1st Avenue South, which easily complied with King County's front yard setback requirements. Due to the code amendment, the front yard must now be measured from 297th (PA0793145.DOC;1\13041.150035\ ) Variance Request p. 2 Findings, Conclusions and Recommendation Place. The existing home is only located ten feet from 2971h Place, which is not in conformance with the applicable 20 foot front yard setback. The Applicants propose an expansion of the 1,756 square foot home to 4,975 square feet with first and second floor additions including a 1,066 square foot attached garage located east of the existing house. The expansion involves four proposed setback encroachments , summarized as four variance requests as follows: Variance Request No. 1 — Addition over the existing house: Portions of the existing house intrude ten feet into the twenty -foot required setback from South 397t' Street. A 1,800 square -foot addition is proposed to be located over the existing house. As proposed, a 10' x 24' (240 square foot) portion of the second floor addition would intrude into the front yard setback that is occupied by the ground floor footprint of the existing house. Variance Request No. 2 — Addition west of the existing house: The existing carport that is located ten feet from the south and west property line is considered a legal nonconforming development in regard to setbacks. According to submitted plans, it is proposed to be removed. A one-story, 353 square foot addition with roof top deck is proposed to be located west of the existing house in the general vicinity of the carport. A corresponding 10'xl8' (180 square -foot) portion of this addition would intrude into the front yard setback. Variance Request No. 3 — Second floor porch and staircase addition south of the house: A new entry porch and staircase is proposed to connect an existing concrete patio and the new driveway to the relocated second level front door to the house. The 13.5-foot-long porch intrudes approximately four feet into the twenty -foot front yard setback (54 square feet) and the four -foot -wide staircase intrudes into the setback a similar amount. Variance Request No. 4 — Circular staircase north of the house: The existing house is six feet six inches from the north property line. A 4-foot-wide circular stair case to connect a new second floor deck with the existing lawn area is proposed in the north rear yard setback of the house, and the circular staircase intrudes fully into the required five-foot setback. 4. Characteristics of the Area. The subject property is located in the northern portion of the City in a developed single-family neighborhood and is surrounded by single-family homes. As depicted in Ex. L, the size of surrounding homes ranges from 1,438 square feet to 4,686 square feet. Many of the homes are two stories in height. The existing home is certainly one of the smaller homes, while the proposed expansion would make it one of the largest homes in the vicinity. 5. Adverse lm acts. There are no adverse impacts associated with the proposal except that the proposed encroachment into the rear yard could interfere with emergency access. As testified by the Applicants, the front yard encroachments they are proposing are consistent with {PA0793145.DOC;1\13041.150035\ } Variance Request p. 3 Findings, Conclusions and Recommendation those that have been authorized for other homes in the vicinity. Consequently, no aesthetic or other impacts are anticipated for the proposed front yard encroachments. CONCLUSIONS OF LAW Procedural: 1. Authorily of Hearing Examiner: FWRC 19.70.150 provides that the Examiner shall issue a written decision on Process IV applications. FWRC 19.70.210 provides that the Examiner's decision is appealable to the City Council. Substantive: 2. Zoning Desi al on: Residential Single -Family 9.6. 3. Review Criteria and Application. FWRC 19.45.010 requires Process IV review for variances. Process IV criteria are governed by FWRC 19.70.150(3). A variance must also satisfy the variance criteria of FWRC 19.45.030. All applicable criteria are quoted in italics below and applied to the application under corresponding Conclusions of Law. FWRC 19.45.030 Variance Criteria (1) That the variance will not constitute a grant of special privilege inconsistent with the limitations upon uses of other properties in the vicinity and zone in which the subject property is located. 4. Variance Request No. 1: The variance is necessary to allow the homeowner to expand the home to a size that is commensurate with other homes in the vicinity and also to have a two story home. There is limited space to build elsewhere and it would be unreasonably difficult to limit second story expansion outside of the twenty foot front yard given the footprint of the existing home. Variance Request No. 2: With the approval of Variance Request No. 1, there is no need for additional variances to enable the applicants to build a home of similar size to others in the neighborhood. Much of the square footage for Variance Request No. 2 can be retained by moving the addition north away from the front yard setback. Allowing an expansion into the front yard setback under these conditions, when it can be accommodated by building further north and the applicants have an opportunity to build a two story home similar in size to other homes in the vicinity, would constitute a grant of special privilege. Variance Request No. 3: The staff report notes that the need for a front porch can be accommodated by revising the foyer area and there is no evidence to the contrary on this issue. Allowing a front porch encroachment when the porch can be built outside the front yard setback by some reasonable design modifications would constitute a grant of special privilege. The proposed exterior stairs are a little more difficult to resolve. The stairs serve to enable exterior access along the entire width of the southern front of the property and allow for direct access {PA0793145.DOC;1\13041.150035\ } Variance Request p. 4 Findings, Conclusions and Recommendation between the driveway/front entrance to the concrete patio fiirther west. If the proposed stairs were the only way to provide this access the applicants would be in a good position to argue that allowance for the stairs would not constitute a special privilege, since presumably most property owners in the vicinity have this type of access. However, the Applicants have not established or even suggested that this access cannot be attained by (allowed) nonstructural means or that the front entrance cannot be further recessed to accommodate an exterior stairway. Further, in a worst case scenario the full southern width of the property can be accessed by resort to 297th Place. The stairs do not appear to be necessary to enjoy the same use of property by other properties in the vicinity. Consequently allowing them to encroach into the front yard setback would constitute a grant of special privilege. Variance Request No. 4: Granting the variance would arguably not constitute a special privilege in this instance. The encroachment is necessary to provide exterior access from a deck to the rear yard area, which is a feature typically seen in homes with decks. (2) That the variance is necessary because of special circumstances relating to the size, shape, topography, location or surroundings of the subject property to provide it with use rights and privileges permitted to other properties in the vicinity and zone in which the subject property is located. 5. The variance for Variance Request No. 1 is necessary because of special circumstances related to the location of the subject property. Because the property is located on a corner lot that fronts just one arterial/principal collector, it has been subjected to conflicting front yard standards that have rendered the home nonconforming within the currently applicable front yard. The variance is necessary to enable the applicants to build a second story, a right available to most of their neighbors. Similarly, in order to provide for structural exterior access to the front yard areas, the location of the subject parcel as a corner lot has necessitated the need to build the stairs of Variance Request No. 3 within the front yard. Other property owners in the vicinity probably have the ability to build exterior stairs in the front of their homes. There are no special circumstances that justify the other two requested variances. (3) That the granting of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the subject property is located. 6. As noted in Finding of Fact No. 5, no adverse impacts are discernable from the record for this project except for Variance Request No. 4. The criterion above is satisfied except as to Variance Request No. 4. (4) That the special circumstances of the subject property are not the result of the actions of the owner of the subject property. 7. The special circumstances of this application are attributable to the City's change in front (PA0793145.DOC;1\13041.150035\ ) Variance Request p. 5 Findings, Conclusions and Recommendation yard setback regulations and the location of the lot at an intersection involving only one arterial/principal collector. Hearing Examiner Review Process IV Decisional Criteria, FWRC 19.70.150(3): (a) It is consistent with the comprehensive plan. 8. The project is consistent with Federal Way Comprehensive Plan Policy HGl, which requires new housing to be of a scale and design that is compatible with neighborhood character. The proposed expansion is consistent with the sizes of surrounding homes, though on the larger side of the range of housing. There is nothing about the proposed variances that is inconsistent with any Comprehensive Plan policy. The criterion above is satisfied. (b) It is consistent with all applicable provisions of this chapter and all other applicable laws. 9. Staff have circulated the proposal through all City departments with jurisdiction and no concerns over code compliance were raised. Nothing in the record suggests that the proposal would be inconsistent with any development regulations beyond the lot coverage requirement. Hearing Examiner Review Process IV Decisional Criteria, FWRC 19.70.150(3)(c): (c) It is consistent with the public health, safety, and welfare. 10. The criterion is satisfied as to Variance Requests 1-3. Approval of the three variance requests enables the applicant to build a home of comparable size to those in their vicinity and no adverse impacts are discernable from the record. The criterion is not satisfied as to Variance Request No. 4, since approval of that variance request could create an obstruction to emergency services access, which is not consistent with public health, safety and welfare. Hearing Examiner Review Process IV Decisional Criteria, FWRC 19.70.150(d): (d) The streets and utilities in the area of the subject property are adequate to serve the anticipated demand from the proposal. 11. The proposal is to expand an existing single family residence. There is nothing in the record to suggest that the streets and utilities that already serve the home would be inadequate to serve the expansion nor could it reasonably be presumed otherwise. (e) The proposed access to the subject property is at the optimal location and configuration for access. 12. The staff report does not address this criterion and there is no evidence in the record on the adequacy of the proposed access point. However, the approval of Variance Request No. 1 has no relation or impact to the access to the property. The criterion is inapplicable to Variance {PA0793145.DOC;1\13041.150035\ } Variance Request p. 6 Findings, Conclusions and Recommendation Request No. 1 and it is unnecessary to apply it to the other variance requests since they are all denied. 09 Traffic safety impacts for all modes of transportation, both on and off site, are adequately mitigated. 13. As noted previously, the streets are adequate to serve the project. DECISION Variance Request No. 1 as identified in Finding of Fact No. 3 of this decision is approved. Dated this 27 h day of October 2011. Phil Olbrechts Hearing Examiner City of Federal Way Right of Appeal This decision may be appealed to the City Council as governed by FWRC 19.70.170, which provides as follows: 19.70.170 Appeals of the hearing examiner's decision. (1) Who may appeal. The decision of the hearing examiner, which is not the final decision of the city, may be appealed by the applicant, persons who submit written or oral comments to the hearing examiner, persons who specifically request a copy of the written decision, or by the city. (2) How and when to appeal. A written notice of appeal must be delivered to the department within 14 calendar days after issuance of the decision of the director. The appeal must be accompanied by cash or a check, payable to the city of Federal Way, in the amount of the fee as established by the city. The notice of appeal must contain: (a) A statement identifying the decision being appealed, along with a copy of the decision; (b) A statement of the alleged errors in the hearing examiner's decision, including specific factual findings and conclusions of the hearing examiner disputed by the person filing the appeal; and (c) The appellant's name, address, telephone number and fax number, and any other information to facilitate communications with the appellant. (3) Transcript. The appellant shall either pay an amount sufficient to cover the cost of preparing the written transcript of the hearing examiner hearing, at the cost of $16.00 per hour, or make separate arrangements to prepare the transcript from tapes of the {PA0793145.DOC;1\13041.150035\ } Variance Request p. 7 Findings, Conclusions and Recommendation hearing provided by the city, at appellant's sole cost. The prepared transcript shall be submitted to the city hearing examiner secretary for distribution no later than 20 days prior to the date of the hearing on appeal, and shall be accompanied by an affidavit or certification by the appellant as to the accuracy and completeness of the transcript. The cost of the transcript shall be refunded to the appellant if the appellant substantially prevails on appeal. The city council shall decide whether appellant substantially prevailed on appeal and that decision shall be final. The transcript refund shall be limited to actual costs of transcript preparation as follows: (a) City staff preparation. Hourly cost of preparation. (b) Appellant preparation from tapes. Actual costs as shown by certified receipt or other evidence sufficient to the city. (4) Jurisdiction. Appeals from the decision of the hearing examiner will be heard by city council. CHANGE IN VALUATION Notice is given pursuant to RCW 36.70B.130 that property owners who are affected by this decision may request a change in valuation for property tax purposes notwithstanding any program of revaluation. {PA0793145.DOC;1\13041.150035\ } Variance Request p. 8 Findings, Conclusions and Recommendation N .17 ZZV m �' a 1 � ` `�L • \ �` / L ��� _� 4 `� `�\� _.. ' �.� __ ��i�� _ V � �� L ��� `_' �- Y __ = �_ �, �~ r� -` v �-i-� �� j ,� � _`� ✓ �� �{ � \ � �._.._ _ ,� .... - •: • l.r� � �`� -"y - �� - �\ \^ .�F ��ii ` y �. `1 . ' � �� 1 V ' .. --. /' CITY OF CITY HALL � 33325 8th Avenue South Mailing Address: PO Box 9718 Fedora I Wa ✓ Federal Way, WA 98063-9718 (253) 835-7000 www.cityoffederalway.com Dan Rayburn September 27, 2011 U Build It 701A East `F' Street Tacoma, WA 98402 RE: FILE #11-101918-00-UP; NEXT STEPS: PHASAVATH/PRASEUTH VARIANCE REQUEST 296501" Avenue South, Federal Way, WA Dear Mr. Rayburn: The purpose of this letter is to advise you of the various timelines associated with the above -referenced variance request to permit intrusions into required yard setbacks for a proposed addition to a single family house. The request, received on May 16, 2011, was determined complete on June 9, 2011. 1. As provided under Federal Way Revised Code (FWRC) 19.70.100, the public hearing conducted by the Federal Way Hearing Examiner has been scheduled as follows: Thursday, October 13, 2011— 2:00 PM, Council Chambers Federal Way City Hall, Second Floor 33325 8'h Avenue South, Federal Way, WA 98003 2. The public will be notified of this public hearing through mailed notices, and on- and off -site notice boards. You have installed the large on -site notice board, and the City will post the notice of hearing on this board. 3. The staff report for this public hearing will be available for distribution seven calendar days from the Public Hearing, or by October 6, 2011. I will send you a copy of the staff report on that date. 4. Pursuant to FWRC 19.170.150(2), the Hearing Examiner must issue a decision on the variance request within 10 working days after the close of the public hearing. I would anticipate his decision approximately October 27, 2011. 5. FWRC 19.70.170 contains timelines for appeals of the Hearing Examiner's decision. An appeal must be submitted within 14 calendar days of the issuance of the Examiner's decision. If there are no appeals filed, the Examiner's decision will become final on the first calendar day following the expiration of the appeal period. I've enclosed a copy of the Process IV section of the city's land use code and a guide to public hearings. Please call me at 253-835-2642 if you have any questions. I look forward to moving ahead on the variance request. Sincerely, Deb Barker Senior Planner c: Phet Phasavath and Vicki Praseuth, 29650 1 " Avenue South, Federal Way, WA 98003 enc FWRC Process IV Review — Hearing Examiner's Decision Handout Public Hearing Handout Doc. I.D. 58954 N NOTICE flF Pt}BLIC tlfJflTiFfG Notice Is hereby given that the City of Federal Way hearp mina sooniner %vill thereafteronThursday. hearing October 13, 2011, in the Federal Way City Council Chambers, 33325 Bib Avenue South, Federal Way, WA. Project Wurne/File Humber: PhasavathlPraseuth Variance Request, file 911-101918-00-UP Project Description: The applicant is requesting a varianoe to permit intrusions into required Yard setbacks for a proposed addition to an existing sin- gle family house. Applicant: Phet Phasavath and Vicki prase th. 29650 ,st Avenue South, Federal Way, 98003 Project Location: 29550 1st Avenue South, Feder- al Way. WA 99003 Date Application Received: May 16, 2011 Date Determined Complete: June 9, 2011 Date of Notice of Application: June 24, 2011 Requested Decision and Other Permits Included with this Application: Applicant has requested a variance pursuant to Federal Way Revised Code (FWRC) Chapter 19-45. The city will use Process IV 'Hearing Examiner's Deeisiari to review and de- cide upon the variance application. Staff has deter- mined the application is categorically exempt from a State Environmental Policy Act threshold deter mination pursuant to Washington Administrative Code 197.11-800[fi N Existing Environmental Documents: None at this l site spec ocurn rils will be submitted and l ndavailable for review atethe time of building permit application. Development Regulations to Be Used for Project Review Known at this Time: FWRC Title 19,'Zoning and Development Code: Public Comments and Appeals: Any person may submit %vritten comments to the Hearing Examiner by delivering these comments to the Community and Economic Development Department prior to the public hearing date or by giving these directly to the Hearing Examiner at the public hearing. Any person may provide verbal comments during the hearing andlor request a copy Of the decision- only The applicant, persons who submit written or pro- vide verbal comments to the Nearing Examiner' rthe or persons who specifically request a copy written decision may appeal the Hearing Examin- er's decision. Details of appeal procedures will be included with the written decision. Availability of File: The official protect file and ex- isfing submittal documents are available for public review during normal business hours at the Com- 33325 and Economic 81h Avenue South, Federal WayDevelopment �WA 98003. Steil Contact: Senior Planner Deb Barker, 253-835-2642 Mirror on September Published in the Federal Way 24, 2011. FWM18i 1 Date published: 09/2412011 31919 151 Ave S, Suite 101 1 Federal, Way, WA98003 1 253.925.5565 1 253.925.5750 (f) Affidavit of Publication Rudi Alcott, being first duly sworn on oath, deposes and says that he is the Publisher of The Federal Way Mirror, a semi -weekly newspaper. That said newspaper is published in the English language continually as a semi -weekly newspaper in Federal Way, King County, Washington, and is now and during all of said time has been printed in an office maintained by the aforementioned place of publication of said newspaper. That the annexed is a true copy of a legal advertisement placed by City of Federal Way — Community Development as it was published in regular issues (and not in supplemental form) of said newspaper once each week for a period of one consecutive weeks(s), commencing on the 24th day of September 2011 , and ending on the 24th day of September 2011 , both dates inclusive, and that such newspaper was regularly distributed to its readers during all of said period. That the full amount of the fee charged for the foregoing publication is the sum of 111.76, which amount has been paid in full, or billed at the legal rate according to RCW 65.16.090. Subscribed to and sworn before me this 4th day of October 20f 1. Notary Public in and for the State of Washington, Residing at Federal Way DEC 18 t 2013 OFWAV .- '\N '/4Y RP�•�`` �l+lllll V ; 41k Fede,OF al Way DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES 33325 8th Avenue South Federal Way WA 98003 253-835-7000;Fax 253-835-2609 www.cityoffederalway.com DECLARATION OF DISTRIBUTION 1, hereby declare, under penalty of perjury of the laws of the State of Washington, that d ❑ Notice of Land Use Application/Action ❑ Notice of Determination of Significance (DS) and Scoping Notice ❑ Notice of Environmental Determination of Nonsignificance (SEPA, DNS) ❑ Notice of Mitigated Environmental Determination of Nonsignificance (SEPA, MDNS) ❑ Notice of Land Use Application & Optional DNS/MDNS ❑ FWRC Interpretation ❑ Other ❑ Land Use Decision Letter Notice of Public Hearing before the Hearing Examiner ❑ Notice of Planning Commission Public Hearing ❑ Notice of LUTC/CC Public Hearing ❑ Notice of Application for Shoreline Management Permit ❑ Shoreline Management Permit ❑ Adoption of Existing Environmental Document was gmailed ❑ faxed ❑ e-mailed and/or ❑ posted to or at each of the attached addresses on SA.a 2011. Project Name File Number(s) 11 (b) 9 Signature -a Date R- a 3-� 0 I j K:\CD Administration Rles\Declaration of Distribution.doc/Last printed 1 /4/2011 1:47:00 PM L4 CITY OF ! S � Federal Way NOTICE OF PUBLIC HEARING Notice is hereby given that the City of Federal Way Hearing Examiner will hold a public hearing at 2:00 p.m. or soon thereafter on Thursday, October 13, 2011, in the Federal Way City Council Chambers, 33325 8`h Avenue South, Federal Way, WA. Project Name/File Number: Phasavath/Praseuth Variance Request, file #11-101918-00-UP Project Description: The applicant is requesting a variance to permit intrusions into required yard setbacks for a proposed addition to an existing single family house. Applicant: Phet Phasavath and Vicki Praseuth, 29650 1'` Avenue South, Federal Way, WA 98003 Project Location: 29650 1" Avenue South, Federal Way, WA 98003 Date Application Received: May 16, 2011 Date Determined Complete: June 9, 2011 Date of Notice of Application: June 24, 2011 Requested Decision and Other Permits Included with this Application: Applicant has requested a variance pursuant to Federal Way Revised Code (FWRC) Chapter 19.45. The city will use Process IV 'Hearing Examiner's Decision' to review and decide upon the variance application. Staff has determined the application is categorically exempt from a State jEnvironmental Policy Act threshold determination pursuant to Washington Administrative Code 197-11-800(6)(b). Existing Environmental Documents: None at this time. Additional site specific documents will be submitted and available for review at the time of building permit application. Development Regulations to Be Used for Project Review Known at this Time: FWRC Title 19, `Zoning and Development Code.' Public Comments and Appeals: Any person may submit written comments to the Hearing Examiner by delivering these comments to the Community and Economic Development Department prior to the public hearing date or by giving these directly to the Hearing Examiner at the public hearing. Any person may provide verbal comments during the hearing and/or request a copy of the decision. Only the applicant, persons who submit written or provide verbal comments to the Hearing Examiner, or persons who specifically request a copy of the written decision may appeal the Hearing Examiner's decision. Details of appeal procedures will be included with the written decision. Availability of File: The official project file and existing submittal documents are available for public review during normal business hours at the Community and Economic Development Department, 33325 8"' Avenue South, Federal Way, WA 98003. Staff Contact: Senior Planner Deb Barker, 253-835-2642 Published in the Federal Way Mirror on September 24, 2011. Doc I.D. 58946 c N U. o .� � c� cu U- co C.)�+ N �. UJ o L a. o a) o .r---�_ N a fu L o Q.o L 0 i ao� - z p cB O N o Q 0 Y ob +. N o -0 � cc c- L to ca � ci r p Cr �, cc m Ei F,� N._ o. U a)C o v- E U j v) �ca U oY � > F�-� a)U *k �'incUpN� ���� 2 i� o'O Q 0) U ca—a)0= Q z�o� iL >.— rn a� ' ld_I� � r C� S ld Me a ; r � r U) � [] ► C � V� r r SA�s____.-_.---- .� o N I 09/17/2009 City of 300' Parcel C3258thAveS of Federal ay 33325 8ih Ave S P 0. Box 9718 Federal Way Wa 98063 Federal Way Notification area (206)-835-7000 www cltyoffederalway cam 543721-0050 _= 4 543721-0120 543721-0040 543721- 5437 - 119600-3595 119600- 0070 0110 J 119600- 3610 543721- 543721-0090 I 3720 543721-0020 0030 543721- 543721-0010 543721-0080 0100 513730- j 513730-0130 062104- 718300- 718300- 0140 9089 718300-718300- 718300- 718300- 718300- 513730- 0010 0020 0030 0040 0050 0060 0070 0120 062104- 9093 S 296TH P L CO CO J J 513730-0110 052104- 718300- a 718300- 718300- 062104- 9099 a 718300- 9092 � 0110 Z 0100 0090 � 0080 513730-0100 52104- N CV)062104- } gp95 0 9100 718300 718300- 718300- 718300- 513730-0090 0120 0130 0140 0150 052104- 776420-0050 9214 776420-0010 776420- U) 776420-0020 776420-0040 513730- 062104-9091 052104- 0060 Q 0082 9140 776420-0030 13 Z 513710- S 297TH PL 776420-0070 513730- nJ 0070 0 010 513730- 513710- 0060 0020 513730- 513710- 0050 0030 513730- 0040 513730- 0030 513730- 0020 513730- 0010 513710- 0040 776420-0100 776420-0120 776420-0130 776420-0110 776420- 776420-0140 0080 776420-0150 776420-0090 052104-9130 052104- 052104-9038 692860- 9102 0300 a B 513710- (n 891420- 8 02600 692860- 891420- 0050 052104- 0270 0250 891420-0250 0240 9013 891420- 891420- 513710- 0060 4d3 0280 0230 S 299TH PL 513710- r 052104- 9149 891420- 0290 891420-0360 891420 �92860- 0070 052104-9040 891420-0350 0220 0230 Legend King County Tax Parcels Subject Property Notified Properties Scale: CITY OF Federal Way 0 50 100 Feet N This map is intended for use as a graphical representation only t The City of Federal Way makes no warranty as to its accuracy • M M Cf1 M M M M Cr1 M M M M M M M f7 M M frl M M M fr, M Cr1 M d fr1 M M M M M O O O� O O O O M O O O O O O N N Cl N (,I N O O O N O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O CO w 00 w 00 00 w O 00 00 00 00 w 00 00 00 w W 00 00 00 00 00 00 w 00 00 00 00 CO DO 00 DO 07 O� Q1 a1 a1 41 ON Q, 3O1 O1 O\ 00 ON O1 C� all al O1 (31, O\ O1 (7\ Cl O\ C)" Cl O` ON O1 O\ a1 3 3 3 3 3 a 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 3 a ¢ ¢ ¢ ¢ ¢ ¢ ¢ a ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ a ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ a ¢ ¢ a ¢ 3 3 � wwwwww.�www.�wwwa�awwwwwwwawww.�wwwwww w z z a z 04 z� w w w w w w w w w w w rJ a w Ll, w L. rT. 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C) ^ CD � [� r I` I-- I- I- I- M M M M M M 't � � � � � � � X N N N N N N N N N N M M M M M frl M M M M M 00 00 00 00 00 00 1O �O �- r- �O rO rD rD Q Vl vl v1 vl '/l �D �O �D �D ,-. .-. .� ,� r. ,� I� r r l� [� l� I� I� O O O Cl O O O O O O v't V'1 v't v'� N v"t 'n v1 v> vl [� [� l� [� [� [� [� I� 00 0� r- r r- - —- CD N N N N N LO N N N N N M M M M M Lo M 7 I N N N m L � N C fa O V, E C_ O 2 C O 10 N = a m c N W O E z C y d Z° a L c M N CL LO � a ca O° m C N J 04 w z J U) W ry Q W z J U) w w 0 Q W z J Z Q w Q z w w Q d U) d J 41k FederalOF Way DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES 33325 8th Avenue South Federal Way WA 98003 253-835-7000; Fax 253-835-2609 www.citvoftecieralw,oy.com DECLARATION OF DISTRIBUTION I, Alexa Heidrich hereby declare, under penalty of perjury of the laws of the State of Washington, that a: ❑ Notice of Land Use Application/Action ❑ Notice of Determination of Significance (DS) and Scoping Notice ❑ Notice of Environmental Determination of Nonsignificance (SEPA, DNS) ❑ Notice of Mitigated Environmental Determination of Nonsignificance (SEPA, MDNS) ❑ Notice of Land Use Application & Optional DNS/MDNS ❑ FWRC Interpretation ❑ Other ❑ Land Use Decision Letter Notice of Public Hearing before the Hearing Examiner ❑ Notice of Planning Commission Public Hearing ❑ Notice of LUTC/CC Public Hearing ❑ Notice of Application for Shoreline Management Permit ❑ Shoreline Management Permit ❑ Adoption of Existing Environmental Document was ❑ mailed ❑ faxed ❑ e-mailed and/or posted to or at each of the attached addresses on Seiptember 23 2011 201 1. Project Name Phasavath/Praseuth Variance File Number(s) 11-101918-00-UP Signature Date 9/C� K:\CD Administration Files\Declaration of Distributlon.doc/Last printed 9/23/2011 3:04:00 PM Pasting Locations: Site: 29650 1 st Avenue South, Federal Way, WA 98003 Federal Way City Hall: 33325 8th Avenue South Federal Way Library: 34200 1 st Way S., Federal Way, 98003 Federal Way 320th Library: 848 S. 320th St., Federal Way, 98003 K:\CD Administration Files\Declaration of Dlstribution.doc/Last printed 9/23/2011 3:04:00 PM _� CITY OF Federal Way NOTICE OF PUBLIC HEARING Notice is hereby given that the City of Federal Way Hearing Examiner will hold a public hearing at 2:00 p.m. or soon thereafter on Thursday, October 13, 2011, in the Federal Way City Council Chambers, 33325 8 h Avenue South, Federal Way, WA. Project Name/File Number: Phasavath/Praseuth Variance Request, file #I I-101918-00-UP Project Description: The applicant is requesting a variance to permit intrusions into required yard setbacks for a proposed addition to an existing single family house. Applicant: Phet Phasavath and Vicki Praseuth, 296501' Avenue South, Federal Way, WA 98003 Project Location: 29650 1" Avenue South, Federal Way, WA 98003 Date Application Received: May 16, 2011 Date Determined Complete: June 9, 2011 Date of Notice of Application: June 24, 2011 Requested Decision and Other Permits Included with this Application: Applicant has requested a variance pursuant to Federal Way Revised Code (FWRC) Chapter 19.45. The city will use Process IV `Hearing Examiner's Decision' to review and decide upon the variance application. Staff has determined the application is categorically exempt from a State Environmental Policy Act threshold determination pursuant to Washington Administrative Code 197-11-800(6)(b). Existing Environmental Documents: None at this time. Additional site specific documents will be submitted and available for review at the time of building permit application. Development Regulations to Be Used for Project Review Known at this Time: FWRC Title 19, `Zoning and Development Code.' Public Comments and Appeals: Any person may submit written comments to the Hearing Examiner by delivering these comments to the Community and Economic Development Department prior to the public hearing date or by giving these directly to the Hearing Examiner at the public hearing. Any person may provide verbal comments during the hearing and/or request a copy of the decision. Only the applicant, persons who submit written or provide verbal comments to the Hearing Examiner, or persons who specifically request a copy of the written decision may appeal the Hearing Examiner's decision. Details of appeal procedures will be included with the written decision. Availability of File: The official project file and existing submittal documents are available for public review during normal business hours at the Community and Economic Development Department, 33325 8'h Avenue South, Federal Way, WA 98003. Staff Contact: Senior Planner Deb Barker, 253-835-2642 Published in the Federal Way Mirror on September 24, 2011. Doc. I D. 58946 A� o � V L- :. v C, co LL (1) cri �� o °�'F-c L No O: m O a E o,a) 0mo ao� L _ 01 ao� O O N � Q® Z O Y a0 +. a)O -o 'a m N cB cntrncocn E LL N C } W 0 � C� (4 +�'� N m cB a) F L(n O Q' V U UV O U *k C 'in N ca � ai N L�C-rn O oC�o co •� �•� O zmocoa LL > .� US CL f +� ld GN � f 0 = S Id ON4 I �; J U! co N _� CITY OF '', Federal Way DEPARTMENT OF CONINIUNITY DEVELOPMENT SERVICES 33325 8th Avenue South Federal Way WA 98003 253-835-7000; Fax 253-835-2609 www.c if yof federclwoy.corrl DECLARATION OF DISTRIBUTION 11 1C — hereby declare, under penalty of perjury of the laws of the State of Washington, that a: ❑ Notice of Land Use Application/Action ❑ Notice of Determination of Significance (DS) and Scoping Notice ❑ Notice of Environmental Determination of Nonsignificance (SEPA, DNS) ❑ Notice of Mitigated Environmental Determination of Nonsignificance (SEPA, MDNS) ❑ Notice of Land Use Application & Optional DNS/MDNS ❑ FWRC Interpretation ❑ Other ❑ Land Use Decision Letter Notice of Public Hearing before the Hearing Examiner ❑ Notice of Planning Commission Public Hearing ❑ Notice of LUTC/CC Public Hearing ❑ Notice of Application for Shoreline Management Permit ❑ Shoreline Management Permit ❑ Adoption of Existing Environmental Document was ❑ mailed ❑ faxed ;K e-mailed and/or ❑ posted to or at each of the attached addresses on �` �- �. 2011. Project Name C 5� File Number(s) ) l01 9 2 Signature Date K:\CD Administration ReADeclarolion of Distribution.doc/Last printed 1 /4/201 1 1:47:00 PM A� CITY OF ti � Federal Way NOTICE OF PUBLIC HEARING Notice is hereby given that the City of Federal Way Hearing Examiner will hold a public hearing at 2:00 p.m. or soon thereafter on Thursday, October 13, 2011, in the Federal Way City Council Chambers, 33325 8`h Avenue South, Federal Way, WA. Project Name/File Number: Phasavath/Praseuth Variance Request, file #11-101918-00-UP Project Description: The applicant is requesting a variance to permit intrusions into required yard setbacks for a proposed addition to an existing single family house. Applicant: Phet Phasavath and Vicki Praseuth, 29650 1" Avenue South, Federal Way, WA 98003 Project Location: 29650 1" Avenue South, Federal Way, WA 98003 Date Application Received: May 16, 2011 Date Determined Complete: June 9, 2011 Date of Notice of Application: June 24, 2011 Requested Decision and Other Permits Included with this Application: Applicant has requested a variance pursuant to Federal Way Revised Code (FWRC) Chapter 19.45. The city will use Process IV `Hearing Examiner's Decision' to review and decide upon the variance application. Staff has determined the application is categorically exempt from a State Environmental Policy Act threshold determination pursuant to Washington Administrative Code 197-11-800(6)(b). Existing Environmental Documents: None at this time. Additional site specific documents will be submitted and available for review at the time of building permit application. Development Regulations to Be Used for Project Review Known at this Time: FWRC Title 19, `Zoning and Development Code.' Public Comments and Appeals: Any person may submit written comments to the Hearing Examiner by delivering these comments to the Community and Economic Development Department prior to the public hearing date or by giving these directly to the Hearing Examiner at the public hearing. Any person may provide verbal comments during the hearing and/or request a copy of the decision. Only the applicant, persons who submit written or provide verbal comments to the Hearing Examiner, or persons who specifically request a copy of the written decision may appeal the Hearing Examiner's decision. Details of appeal procedures will be included with the written decision. Availability of File: The official project file and existing submittal documents are available for public review during normal business hours at the Community and Economic Development Department, 33325 8'' Avenue South, Federal Way, WA 98003. Staff Contact_ Senior Planner Deb Barker, 253-835-2642 Published in the Federal Way Mirror on September 24, 2011. Doc. I.D. 58946 Tamara Fix From: Mary Lou Goss [mgoss@fedwaymirror.com] Sent: Wednesday, September21, 2011 4:29 PM To: Tamara Fix Subject: Re: Legal Notice - Phasavath Will do! Mary Lou Mary Lou Goss Federal Way Mirror Marketing Consultant cell - 253-229-3041 office - 253-925-5565 ext 3056 On Wed, Sep 21, 2011 at 2:43 PM, Tamara Fix <I'amara.Fix cit offederalwa .comma wrote: Please publish the following legal notice (Phasavath Hearing, 11-101918) in Saturday's (Sept. 24, 2011) issue. Please confirm and issue an affidavit of publication. Two in one week. What's the world coming to?!? :) Tamara Fix Admin Asst. City of FederaCWay tamara. "x@cit o ederahwa .coin "When life gives you a hundred reasons to cry, show life that you have a thousand reasons to smile." Unknown o � E p rA Z v N l� M �D 00 vn o� cl •a � C7 q Ul 0 0, t. �10 o 0 0 00 0 opo U W U 'G +�cqj co m cUd cUd =C1, ° ^C cad cd Id Lt w N w U w U w U w N w Ncd W N o w �, Cn o o U� v� r/� v� v� v� v� 7 � C o tc � r �� (D �5 ��k �o d'o d ° �� z d 00 � b o � 00 o 00 W GL p w� Q, w -" rn W— ON w '—' CD f L N rn w — a, w '- w— W '- C p O 00 O;t: Oy 00 w N 00... C Cam• 00 00 � �p [�. O C o v1 O. In C [�. 00 C M. C v�. C .am O\. m C oo. �,O C ,Q - .� cry Rj "a 't N rl m cl W N N W N c ^" w rz w z U� C/) C/) z z z C/) M O N N kn N O N kn N In N 000 l N p p N 3 C>d,� Cd C o s. s e� p.,uo Oweava�w~a� o m C° 3 0 0 ID CDo-E O- o > �d�r-N��.,���M�M 0�001 - QN - O% - O� �d b �+ ~ NC� vi Q O N O N 1 O N 1 O N O N Q, y Vi m C ' 01 I v tY p .--i C C O p O p O 5 O p O p 4~ y Q ;. ^C r,; OO G�� c"I �o c) l 00 OooO rA 00 N� � "o N� � d N� � M N� \O .--� N� a1 8o0 N 00 i1 N "O W O N O of 0 nl C o O ' + 01 O N ° [-- x [� - [� [� N [� [� O [� - [� [� -- [� - kn 01 o N C� 00 ID rn 0 0 0 NOTICE OF LANO USE APPLICATION Project Name: Phasavath/Praseuth Residential Variance Request Project Description:Variance request to permit structural intrusions into the 20-foot front yard setback on the south .side of the property for an addition to the existing single family residence. Applicant: Dan Rayburn, 701 East 7 Street, Ta- coma,.WA 98402 Project Location: 29650 1st Avenue South, Federal Way, WA 98003 Date Application Received: May 16, 2011 Date Determined Complete: June 9, 2011 Date of Notice of Application: June 25, 2011 Permits Required by this Application: 1.Process IV, Hearing Examiner Review (File #11-101918-00-UP) Related Permits: 11 -101 298-00-SF Relevant Environmental Documents are Available at the Address Below: x YES NO Development Regulations to be Used for Project Mitigation, Known at this Time: Federal Way Revised Code (FWRC) Title 19, "Zon- ing and Development Code" Consistency with Applicable City Plans and Regula- tions: The project will be reviewed for consistency with all applicable codes and regulations including the FWRC, the International Building Code, fire, and mechanical codes. The official project file is available for public review at the City Hall Community and Economic Develop- ment Department (33325 8th Avenue South, Fed- eral Way, WA 98003). The initial notice period ends on July 11, 2011, but any person may submit written comments to the Hearing Examiner by de- livering these comments to the Community and Economic Development Department prior to the public hearing date, or by giving these directly to the Hearing Examiner at the public hearing. Only persons who submit written documents to the Hearing Examiner, or specifically requests a copy of the decision, may appeal the Process IV Hearing Examiner's decision. Details of appeal procedures will be included with the written decision. City Contact: Senior Planner Deb Barker, 253-835- 2642 FWM1788 Date Published: June 25, 2011 31919 111 Ave S, Suite 1011 Federal, Way, WA98003 1 253.925.5565 1 253.925.5750 (fl Affidavit of Publication Rudi Alcott, being first duly sworn on oath, deposes and says that he is the Publisher of The Federal Way Mirror, a semi -weekly newspaper. That said newspaper is published in the English language continually as a semi -weekly newspaper in Federal Way, King County, Washington, and is now and during all of said time has been printed in an office maintained by the aforementioned place of publication of said newspaper. That the annexed is a true copy of a legal advertisement placed by City of Federal Way —Community Development as it was published in regular issues (and not in supplemental form) of said newspaper once each week for a period of one consecutive weeks(s), commencing on the25th day of June 2011 , and ending on the 25th day of June 2011 . both dates inclusive, and that such newspaper was regularly distributed to its readers during all of said period. That the full amount of the fee charged for the foregoing publication is the sum of $$ 6.52, which amount has been paid in full, or billed at the legal rate according to RCW 65.16.090. Subscribed to and sworn before me this 30st day of June 2011. U 1� r�r�rt '0 r�i DEC =*' 18 a�'r ' 2013 b Notary Public in and for the State of Washington, Residing at Federal Way CITY OF'"'s Federal Way DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES 33325 8th Avenue South Federal Way WA 98003 253-835-7000; Fax 253-835-2609 www.cit. off d rolwacly com DECLARATION OF DISTRIBUTION I G� hereby declare, under penalty of perjury of the laws of the State of Washington, that a: Notice of Land Use Application/Action ❑ Notice of Determination of Significance (DS) and Scoping Notice ❑ Notice of Environmental Determination of Nonsignificance (SEPA, DNS) ❑ Notice of Mitigated Environmental Determination of Nonsignificance (SEPA, MDNS) ❑ Notice of Land Use Application & Optional DNS/MDNS ❑ FWRC Interpretation ❑ Other ❑ Land Use Decision Letter ❑ Notice of Public Hearing before the Hearing Examiner ❑ Notice of Planning Commission Public Hearing ❑ Notice of LUTC/CC Public Hearing ❑ Notice of Application for Shoreline Management Permit ❑ Shoreline Management Permit ❑ Adoption of Existing Environmental Document was flTaRed ❑ faxed ❑ e-mailed and/or ❑ posted to or at each of the attached addresses on '21�' 2011. project Name pv\aSck\iox�� File Number(s) \\— `0 k `l rC� signatureahv"4-��Date K:\CD Aj-,nishalion Files\Declorolion of Distribulion.doc/lost printed 3/4/2011 11:35:00 AM 09/17/2009 City of 30 0' Parcel City of Federal Way 33325 Sth Ave S P.O. Box 9718 Federal Way Wa 98063 Federal ay Notification area (206)-835 - 7000 www.cityoffederalway com 543721-0050 543721-0120 543721-0040 543721- 543721- 119600-119600-3595 �119600- 3610 543721- 0070 543721=0090 0110 3720 543721-0020 0030 543721- 543721.-0010 543721-0080 0100 513730- 513730-0130 062104- 9089 1 718300- 718300-718300-:718300- 718300-;718300- 718300-i 0140 0010 0020 0030 0040 0050 0060 0070 513730- 0120 062104- S 296TH PL CO - CO 9093 J J 513730-0110 I 062104- 052104- a 718300- a 718300- % 718300- 718300- - - - - gpgg13 9099 ' 0110; 0100 0090 0080 513730-0100 Z N M __ 062104- 052104- 718300- 513730-0090,. 9095 9100 718300- 718300- 718300- 0120 0130 0140 0150 - - -- 052104- 776420-0050 -- 9214 776420-0010 776420- 513730- 062104-9091 776420-0020 776420-0040 0060 0082 052104- - 9140 776420-0030 Z , 513710- S 297TH PL 776420-0070 N 513730- 0010 0070 - - 776420-0.100 513730- 513710- 776420-0120 - 776420-0130 776420-0110 0060 0020 776420- 776420-0140 1 0080 513730- 513710- 776420-0150 776420-0090 0050 0030 513730- 513710- 052104-9130 052104- 052104-9038 692860- 0040 9102 0300 0040 � V, 513730- 0030 513710- � 891420- 692860- 891420- 0260 891420- 0050 � 052104- 0270 891420-0250 0240 0250 513730- 9013 891420- 891420- 0020 513710- 0060 0280 S 299TH PL o230 513730- 052104- 891420- 0010 513710- 9149 0290 891420-0360 891420-692860- 3710-0120 0070 052104-9040 891420-0350 0220 0230 Legend King County Tax Parcels \ Scale: Subject Property N 0 50 100 Feet Notified Properties I t CITY OF Federal Way This map is intended for use as a graphical representation only. 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N N N N M M M CO CO M Cl Cr) O O O O 00 00 a, Q1 w _Z J 3 3 w Q w x w w 0 A A 0 Q w w A N 7 J cirr o1 Federal Way NOTICE OF LAND USE APPLICATION Project Name: Phasavath/Praseuth Residential Variance Request Project Description: Variance request to permit structural intrusions into the 20-foot front yard setback on the south side of the property for an addition to the existing single family residence. Applicant: Dan Rayburn, 701 East `F' Street, Tacoma, WA 98402 Project Location: 29650 lst Avenue South, Federal Way, WA 98003 Date Application Received. May 16, 2011 Date Determined Complete: June 9, 2011 Date of Notice of Application: June 25, 2011 Permits Required by this Application: 1. Process IV, Hearing Examiner Review (File #11-101918-00-UP) Related Permits: 11-101298-00-SF Relevant Environmental Documents are Available at the Address Below: X YES NO Development Regulations to be Used for Project Mitigation, mown at this Time: Federal Way Revised Code (FWRC) Title 19, "Zoning and Development code, Consistency with Applicable City Plans and Regulations: The project will be reviewed for consistency with all applicable nodes and regulations including the FWRC, the International Building Code, fire, and mechanical codes. The official project file is available for public review at the City Hall Community and Economic Development Department (33325 a Avenue South, Federal Way, WA 98003). The initial notice period ends on July 11, 2011, but any person may submit written comments to the Hearing Examiner by delivering these comments to the Community and Economic Development Department prior to the public hearing date, or by giving these directly to the Hearing Examiner at the public hearing. Only persons who subunit written documents to the Hearing Examiner, or specifically requests a copy of the decision, may appeal the Process IV Hearing Examiner's decision. Details of appeal procedures will be included with the written decision. City Contact: Senior Planner Deb Barker, 253-835-2642 Published in the Federal Way Mirror on June 25, 2011. Doc. I D. 42291 � � � � cr (D � � � � � .LM � � � � � MO .� W � cu � m U) cu m a. � � 0 m 0 :3 E Q > � 7 0 LO � � � a W 0 0 � � O � � LL 2 2 � — _ % 7 2 x 2 2 - » k 0 \222 O Z _ �0£2� 3 04 La @' @ o 7 7 § o ®® cu 22 %� 0 k o Q 2 cc22a)� cu 2 0 ».§cn CLco 11 a) Sf LL e \�� 0 04 \ \ ®02 / ) & R' .§• / k % .R§j crj /k— /f��I � k //\ CITY OF Federal 1�k June 24, 2011 Mr. Dan Rayburn 701A East `F' Street Tacoma, WA 98402 CITY HALL 33325 8th Avenue South AIN Fa 1� Mailing Address: PO Box 9718 Federal Way, WA 98063-9718 (253) 835-7000 www.cityoffederalway.com FILE Re: File #11-101918-00-UP; PUBLIC NOTICE BOARD REQUIREMENT Phasavath/Praseuth Variance Request; 29650 V Avenue South, Federal Way Dear Mr. Rayburn: On June, 23, 2011, the City issued a letter of completeness for the above referenced variance request. Process IV Public Notice Under Federal Way Revised Code (FWRC) 19.70.060(3), the applicant is responsible for public notice of the public hearing. Public notice is being mailed to property owners within 300 feet of the subject property in envelopes that the applicant supplied. According to the FWRC, the applicant is also required to install a public notice board. The public notice board shall be installed on the South 297t` Street portion of the property. Ensure that the board is on private property, is not blocking site -distance, and is not located in the right-of-way. Please refer to the enclosed Public Notice Board handout. The 3' x 4' board will be prepared by the City and will be available for pickup from the City Receptionist by 4:00 p.m., June 28, 2011. A fee of $40 will be collected; please bring the enclosed invoice with you when picking up the board. The notice board must be installed within 14 calendar days of the issuance of the letter of completeness, or by July 7, 2011. The board must be removed within seven calendar days after the final decision of the city on the matter. Should you have any questions about this letter, please do not hesitate to contact me at 253-835-2642. Sincerely, IlJ ••� _ I r,V2, b �arlcer f Senior Planner enc: Public Notice Board Handout Invoice for One Public Notice Board c: Alexa Heidrich, Planning Intern Phet Phasavath and Vicki Praseuth, 29650 1` Avenue South, Federal Way, WA 98003 Doc. I.D. 58079 AkCITY OF Federal Way June 23, 2011 Mr. Dan Rayburn 701A East `F' Street Tacoma, WA 98402 CITY HALL 33325 8th Avenue South Mailing Address: PO Box 9718 Federal Way, WA 98063-9718 (253) 835-7000 www.cityoffederalway.com FILE Re: File #11-101918-UP; COMPLETE APPLICATION/ADDITIONAL INFORMATION REQUESTED Phasavath/Praseuth Variance Request, 29650 V Avenue South, Federal Way Dear Mr. Rayburn: On May 16, 2011, the City of Federal Way's Community and Economic Development Department (CEDD) received the Process IV variance request to intrude into a front yard setback of an existing single family home with a planned addition. Additional required information was provided on June 6 and June 9, 2011. According to code regulations, upon receipt of an application the City has 28 days to determine whether all information and documentation required for a complete application pursuant to Federal Way Revised Code (F)WRC) 19.70 "Process IV Hearing Examiner's Decision" and FWRC 19.45 "Variances" has been submitted. NOTICE OF COMPLETE APPLICATION Please consider this letter as a Letter of Complete Application. Pursuant to the FWRC, the application is deemed complete as of June 9, 2011, based on a review of your submitted items relative to those requirements as set out in the Process IV Development Requirements checklist. A 120-day time line for reviewing the variance request has started as of this date. The City has 120 days from the date that an application is deemed complete to take action on the application. However, the 120-day time line can be stopped at any time that the City requests additional information as noted below. You will be informed of the status of the 120-day time line when you are notified in writing that additional information is needed. Having met the submittal requirements, your application is now ready for processing. Therefore, pursuant to the FWRC, a Notice of Application (NOA) will be published in the Federal Way Mirror within 14 days and other public notice will be given based on City procedures. The Community and Economic Development Department has responsibility to notify other agencies that may have jurisdiction over your development project, or an interest in it. ADDITIONAL INFORMATION REQUESTED The following items are repeated from the City's June 6, 2011, initial technical review letter. 1. Mailing Envelopes — One set of stamped mailing envelopes was submitted on June 6, 2011, and will be used to mail the notice of application to all property owners within 300 feet of the subject property. However, Process IV applications require a second set of File11-101918-00-UP Doc ID 58057 Mr. Dan Rayburn June 23, 2011 Page 2 of 2 mailing envelopes so that property owners can be notified of the public hearing at the time it is scheduled. Please provide a second set of stamped addressed mailing envelopes. Note that the public hearing can not be scheduled unless this second set of mailing envelopes is submitted. 2. r8 ing i .lions — As previously requested, please provide a separate site plan the"I'de a sting site layout and conditions, including the existing house and carport, the on -site septic system, existing walkways, pavement areas, and stairways. Proposed Variance — The submitted site plan does show the proposed building additions, but does not graphically represent the requested variance to the front yard setback. Provide a site plan that shows the extent of the requested variance, as previously requested. Use shading or hatching to show the 20-foot front yard setback along the south side of the property, a 10-foot setback on the west side, and a 5-foot setback on the north side. List the extent of all proposed intrusions into the front yard setback, and any other intrusions into required yards, such as the circular staircase that intrudes into the northern side yard setback. 4. Variance Criteria —Your response to variance criteria #2 states that the subject property is affected by a short plat. When I reviewed the title report, I did not find any reference of a short plat in the legal description or other documents. Please clarify your response to variance criteria #2 in light of the absence of a short plat. With this request for additional information, the 120-day maximum review time frame is suspended with fourteen (14) of the 120 days used, and it will be restarted within 14 days of the date of your complete response to this request. When resubmitting requested information, please provide three copies of any plans in addition to the green resubmittal form. PROJECT CANCELLATION Pursuant to FWRC 19.15.050, if an applicant fails to provide additional information to the City within 180 days of being notified that such information is requested, the application shall be deemed null and void and the City shall have no duty to process, review, or issue any decisions with respect to such an application. If you have any questions about this request, please call me at 253-835-2642. Sm ely, Deb Barker Senior Planner enc: FWRC 19.15, "Permits and Review Processes" Bulletin #001, "Process IV Submittal Requirements" Bulletin #002, "Mailing Labels" c: Phet Phasavath and Vicki Praseuth, 29650 1't Avenue South, Federal Way, WA 98003 File 11-101918-00-UP Doc I.D. 58057 CITY OF �. Federal June 6, 2011 Mr. Dan Rayburn 701A East `F' Street Tacoma, WA 98402 CITY HALL — 33325 8th Avenue South �� Mailing Address: PO Box 9718 Federal Way, WA 98063-9718 (253) 835-7000 www.cityoffederalway.com RE: FILE #11-101918-UP; INCOMPLETE APPLICATION/TECHNICAL INFORMATION REQUESTED Phasavath/Praseuth Variance Request, 29650 V Avenue South, Federal Way Dear Mr. Rayburn: On May 16, 2011, the Community and Economic Development Department received the variance request to intrude into a front yard setback for an existing single family home with a planned addition. Upon receipt of the application, City staff reviewed the submittal packet for completeness based on the submittal requirements of Federal Way Revised Code (FWRC) 19.70 Process IV Hearing Examiner's Decision and FWRC 19.45 Variances. A. INCOMPLETE APPLICATION - During the course of the city's review, the following items were found to be incomplete. In order for your application to be considered complete and ready for processing, the items noted below must be provided: 1. Development Application Submittal Requirements - Please provide the following information based on the requirements of FWRC 19.15.040 and Bulletin #001 (Process IV submittal requirements): • Two copies of a current title report for the subject property listing all easements and encumbrances. See item #B-3 also. • Public notice requirements for Process IV applications, including stamped and addressed mailing envelopes, a map, and a list. Refer to the enclosed Mailing Label handout. B. TECHNICAL INFORMATION REQUESTED - Variance requests are reviewed and decided using Process IV - Hearing Examiner's Decision per FWRC 19.70. The following comments were identified during initial review of application for completeness. These items are not needed for the application to be considered to be complete but will be needed to complete formal review of the application. 1. Existing Site Conditions - Provide a separate site plan that depicts the existing site layout and conditions including the existing house and carport, the on -site septic system, existing walkways, pavement areas, and stairways. 2. Proposed Variance - The submitted site plan depicts the proposed building additions, but does not graphically represent the requested variance to the front yard setback. Provide a site plan that shows the extent of the requested variance. Use shading or hatching to show the 20-foot front yard setback along the south side of the property, a 10-foot setback on the west side, and a five-foot setback on the north side. List the extent of all proposed intrusions into the front yard Mr. Dan Rayburn June 6, 2011 Page 2 setback, and any other intrusions into required yards, such as the circular staircase that intrudes into the northern side yard setback. 3. Variance Criteria — Variance requests can be approved by the Federal Way Hearing Examiner if they meet all four criteria of FWRC 19.70. Your response to variance criteria #2 indicates that there was a short plat that affects the subject property. I am not aware of a short plat for this lot, and without a title report, do not have information about a previous short plat. Please provide a copy of the short plat for this site. After receipt of the requested information noted in the Incomplete Application section of this letter, the Department will notify you within fourteen (14) days whether your application is considered complete or what, if any, information is still needed. It is important to note that the Department cannot begin processing your formal application until all requested items are addressed. Please contact me at 253-835-2642 if you have any questions about this letter or your variance request. Sincerely, Deb Barker Senior Planner enc: FWRC 19.15 - Permits and review processes Bulletin #001- Process IV Submittal Requirements Bulletin #002 - Mailing labels handout c: Phet Phasavath and Vicki Praseuth, 29650 1' Avenue South, Federal Way, WA 98003 File 11-101918-UP Doc. I.D. 57896 CITY OF FEDERAL WAY DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES DEVELOPMENT REVIEW COMMITTEE TRANSMITTAL DATE: May 18, 2011 TO: Ann Dower, Senior Engineering Plans Reviewer Sarady Long, Senior Transportation Engineer Scott Sproul, Plans Examiner Brian Asbury, Lakehaven Utility District Chris Ingham, South King Fire & Rescue FROM- Deb Barker, Senior Planner FOR DRCMTG. ON: June 2, 2011- Completeness Review FILE NUMBER(s): 11-101918-00-UP RELATED FILE NOS.: 11-101298-00-SF PROJECT NAME: Phasavath/Praseuth Variance Request PROJECTADDRESS: 29650 1" Avenue South ZONING DISTRICT.- RS 9.6 PROJECTDESCRIPTION: Request for a variance to setback regrjirements for addition to an existing residence that has a nonconforming Front setback. Project entails removal of existing carport, adding 2nd floor to existing footprint, and change driveway to eastern corner of lot. PROJECT CONTACT. Dan Rayburn 701 A. East `F' Street Tacoma, WA 98402 253-572-1583 MATERIALS SUBMITTED: Applicant response to variance criteria Building elevations, prepared by JM Consulting & Design dated 1/1/07 Site plan showing proposed addition, prepared by JM Consulting dated 9/25/10 68.27 a -., 45.00 1ii 7 o --- 60—�E-00 N 90 O C. �' •S �' g 6i7'SL co � `1 00 N ON co Ul N `� U7 1-+ o o a O XA l� t `a lQ N w F-+ ? C) .Q CD1 01 ► w ,A o- C).. O CD 00 w O Ln 'CDw Q N� O F' Cn C) O OD Caw` w W CDt i i In Ln O N 85 9�.39 `� � ----- 130 90 90 24/7571 1316.49 1ST. AVE. S. -------- RD. N0. 313 ow ,,T_.. M . 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" QUILT BUILDERS ASSOCIATION of {'kane MEMBER �1=1vHOME IIB C) CITY OF Federal Way Community and Economic Development Department Report to the Federal Way Hearing Examiner Phasavath/Praseuth Variance Request Federal Way File No.11-101918-00-UP PUBLIC HEARING October 13, 2011, 2:00 p.m. City Council Chambers Federal Way City Hail -- 33325 e Avenue South Federal Way, WA 98003 Deb Barker, Senior Planner Report date: October 4, 2011 TABLE OF CONTENTS SECTION PAGE I. PROJECT INFORMATION 2 II. BACKGROUND INFORMATION 2 III. THE FouR VARIANCE REQUESTS 3 IV. THRESHOLD DETERMINATION OF ENVIRONMENTAL SIGNIFICANCE 4 V. PUBLIC NOTICE AND COMMENT 4 VI. NEIGHBORHOOD CHARACTERISTICS 4 VII. ANALYSIS OF VARIANCE REQUESTS AND DECISIONAL CRITERIA 4 VIII. HEARING EXAMINER PROCESS IV DECISIONAL CRITERIA 7 _ IX. FINDINGS OF FACT AND CONCLUSIONS 7 X. STAFF RECOMMENDATION 8 I. PROJECT INFORMATION Name of Project: Praseuth/Phasavath Residential Variance Request Variance Request: Permit building intrusions in required yard setbacks Recommendation: Partial Approval Variance Summary: The applicant is seeking a variance to permit intrusions into the required front yard setback for an addition over the existing house; an addition west of the existing house; and an entry porch and staircase addition along with a circular staircase intrusion into a required rear yard setback. The variance request is sought under Federal Way Revised Code (FWRC) 19.45, and is subject to Process IV, Hearing Examiner Decision. Site Location: 29650 l' Avenue South Federal Way, WA 98003 (Exhibit A) Property: King County Tax Parcel #052104-9140 (Exhibit B) Applicant: Dan Rayburn, agent U-Built It — Tacoma, 701A East `F' Street Tacoma, WA 98402 253-572-1583 Owner: Phet Phasavath and Vicki Praseuth 29650 lit Avenue South Federal Way, WA 98003 Zoning and Comprehensive Plan Designation: The project site is zoned Residential Single Family (RS) 9.6, and the comprehensive plan designation is Single Family —High Density. Single family residential uses are permitted in R.S zoning districts under FWRC 19.200. Sewage Disposal: Currently septic; connection to the Lakehaven Utility District sewer system is proposed with the residential addition. H. BACKGROUND INFORMATION Required setbacks for residential dwelling units in single-family zoning districts are twenty feet for the front yard, five feet for the side yard, and five feet for the rear yard per Federal Way Revised Code (FWRC) 19.200.010 (Exhibit Q. The subject property at 29650 lit Avenue South contains an existing single-family residence that conforms to the King County setback requirements -that were in place when the -.house was.constructed in-1942-The_house is..located. thirty-seven feet from lit Avenue South to the west, ten feet from South 297th Place on the south, six feet six inches from the north property line and forty-eight feet from the east property line. An existing carport is located ten feet from the west and south property line; vehicular access to the carport is off of South 297th Place (Exhibit D). Staff Report Page 2 Phasavath/Praseuth Variance Request File 11-101918-UP/Doc. m. 57873 In 2006, the City adopted a code amendment that changed the definition of a front property line with respect to corner lots. Based on the change, a front property line is now prohibited from being located along an arterial or principal collector roadway when a property abuts two streets.' The subject property is located at the corner of I' Avenue South, which the Federal Way Comprehensive Plan (FWCP) classifies as a principal collector, and South 297" Place. This means that for the subject property, the front property line with the corresponding twenty -foot front yard setback is no longer along lst Avenue South, but is along South 297'h Place where the existing house is only ten feet from the property line. On April 6, 2011, the city received a single-family building permit application to remodel and expand the house at the subject property (Exhibit E). According to building permit plans under file #11-101298-00-SF, the 390 square -foot carport would be removed, and the existing 1,756 square -foot house increased to 4,975 square feet with first floor and second floor additions including a 1,066 square -foot attached garage located east of the existing house. Following initial review of the building permit, staff informed the applicant that based on the 2006 code amendment, the front yard of the subject property was along South 297`b Place, and noted that the proposed remodel resulted in intrusions into the required yard setbacks (Exhibit F). These intrusions can only be approved by the Federal Way Hearing Examiner in conjunction with a variance request under FWRC 19.45 Process IV, Hearing Examiner Decision. in. THE FOUR VARIANCE REQUESTS On May 16, 2011, the applicant submitted a variance request to permit four building intrusions into required yard setbacks as follows (Exhibit G). Variance Request #1—Addition over the existing house: Portions of the existing house intrude ten feet into the twenty -foot required front yard setback from South 297" Street. A 1,800 square -foot addition is proposed to be located over the existing house. As proposed, a 10'x 24' (240 square feet) portion of the second floor addition would intrude into the front yard setback that is occupied by the ground floor footprint of the existing house. Variance Request #2 —Addition west of the existing house: The existing carport that is located ten feet from the south and west property line is considered a legal nonconforming development with regard to setbacks? According to submitted plans, it is proposed to be removed. A one-story, 353 square -foot addition with roof top deck is proposed to be located west of the existing house in the general vicinity of the carport. A corresponding 10'x 18' (180 square -foot) portion of this addition would intrude into the front yard setback. Variance Request #3 — Second floor porch and staircase addition south of the house: A new entry porch and staircase is proposed to connect an existing concrete patio and the ' The 2006 code amendment revised the definition of "property line" in FWRC 19.05.160 to read: "The front property line is any property line that is adjacent to a primary vehicular access_ If the subject property is adjacent to more than one primary vehicular access, the applicant shall designate which of the adjacent property lines is the front proper- y line and-ihe.remainder of such adjacent property lines will be considered as either a rear property line or side property line, based on the definition in this section, except the property line adjacent to an arterial or primary collector shall not be designated as a primary vehicular access." Z Per FWRC 19.30.090(c)(iii) (Nonconforming Development, existing nonconformities may remain and continue so long as the existing nonconformities are not being increased or expanded in any way, and new construction or renovation which involves the increase of gross floor area of a nonconforming single-family structure is subject to all applicable requirements of the Code. Staff Report Page 3 Phasavath/Praseuth Variance Request File 11-101918-UP/noc r.n.57873 new driveway to the relocated second level front door to the house. The 13.5-foot-long porch intrudes approximately four feet into the twenty -foot front yard setback (54 square feet) and the four -foot -wide staircase intrudes into the setback a similar amount. Variance Request #4 — Circular staircase north of the house: The existing house is six feet six inches from the north property line. A 4-foot-wide circular staircase to connect a new second floor deck with the existing lawn area is proposed in the north setback of the house, and the circular staircase intrudes fully into the required five-foot setback. During review of the variance request, City staff notified the applicant in an August 12, 2011, letter that we would recommend partial approval of the variance request (Exhibit II). On September 19, 2011, the applicant requested that the variance request be forwarded to the Hearing Examiner as originally proposed (Exhibit]). IV. THRESHOLD DETERMINATION OF ENVIRONMENTAL SIGNIFICANCE The granting of variances based on special circumstances is categorically exempt from environmental review pursuant to WAC 197-11-800(6)(b). V. PUBLIC NOTICE AND COMMENT The variance request was determined to be a complete application on June 9, 2011. Pursuant to FWRC requirements, a Notice of Application for the variance request was published, and distributed to property owners within 300 feet of the subject property on June 24, 2011 (Exhibit J)- The Notice of Public Hearing for the variance request was published, posted, and distributed to property owners within 300 feet of the subject property on September 23, 2011 (Exhibit K). As of the date of this report, no written public comments regarding the variance application have been received. VI. NEIGHBORHOOD CHARACTERISTICS The subject property is located in the northern portion of the City. The parcel is un-platted, and fronts onto 1' Avenue South and South 297`' Place, both of which are paved public streets. In this portion of the City, 1" Avenue South is a two lane principal collector roadway without curbs, gutters, or sidewalks. South 297h Place is a local street without curbs, gutters, or sidewalks. Puget Sound is visible to the north of this neighborhood due to the topography. The surrounding subdivisions are the Shore Vista Addition, circa 1962; the Ray-Dia Terrace subdivision, circa 1964; and the Mar Cheri #2 subdivision, circa 1966. There are several larger un-platted lots in the vicinity of the subject property. Using King County records, the City prepared a table of the current size of developed uses of the surrounding properties (Exhibit L). VII. ANALYSIS OF VARIANCE REQUESTS AND DECISIONAL CRITERIA The Hearing Examiner may approve variance requests and allow intrusions into required yard setbacks only if all four variance decisional criteria of FWRC 19.45.030 (1) through (4) are met - - for ead proposed rrequesi:'Ife appli an provide a a ive response that'disau5ses the variance - decisional criteria relative to the general proposal (Exhibit M. The four tables below provide a discussion of each of the variance requests with the variance decisional criteria and the city's response to each criterion. Staff Report Page 4 Phasavath/Praseuth Variance Request File 11-101918-UP/Da. LD. 57873 Table 1, Variance Request #1— Permit a 10' x 24' (240 square foot) portion of a secondfloor loor addition over the existing house to intrude into the re uired ront and setback. Variance Criterion Staff Analysis "The variance request will not The variance request to allow a 10' x 24' addition over an constitute a grant of special privilege existing house to intrude into a required front yard setback inconsistent with the limitations upon consistent with the setback of the existing house does not uses of other properties in the vicinity constitute a grant of special privilege inconsistent with the and zone in which the subject property limitations upon uses of other properties in the vicinity and zone is located." FWRC 19.45.030(1) in which the subject property is located because the house was "That the variance is necessary because of special circumstances relating to the size, shape, topography, location, or surroundings of the subject property to provide it with use rights and privileges allowed to other properties in the vicinity and zone in which the subject property is located." FWRC 19.45.030(2) "That granting the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the subject property is located." FWRC 19.45.030(3) "That the special circumstances of the subject property are not the result of the actions of the owner of the subject property." FWRC 19.45.030(4) in conformance with setback standards at the time of development, and the City ultimately changed that standard with the code amendment. With the change to the definition of front yard, the existing portion of the house that intrudes into the front yard setback is considered a legal nonconforming development. This is a condition shared by other developed properties in the v icinity and zone, including residences along 0 Avenue South. The location of the existing house on the subject property is a special circumstance that does not provide the owner with use rights and privileges allowed to other properties in the vicinity and zone. When the house was constructed in 1947, it complied with front and side yard setback standards. The change to the FWRC definition of front yard means that the existing house intrudes into the "new" front yard setback and is a legal nonconforming structure. As a result, any addition over the existing house would also intrude into the "new" front yard setback unless it were `stepped back' by ten feet, which is at _best impractical. The portion of the second floor addition over the existing residence that intrudes into the required yard setback would not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone as the addition is a typical improvement associated with a single- family development. This portion of the addition does not block site distance and does not block views. The special circumstance of the location of the existing house on the subject property is not the result of the actions of the owner of the property. The house was constructed in 1947, and the current owner purchased the property with the existing house in 2001. Table 2. Variance Request #2: Permit a new 10' x 18' (180 square foot) addition west of the existing house to intrude into re uirerl ront yard setback. Variance Criterion Staff Analysis "The variance request will not The variance request to allow a 10' x 18' addition west of the constitute a grant of special privilege existing house to intrude into a required front yard setback inconsistent with the limitations upon consistent with the setback of the existing house does not uses of other properties in the vicinity constitute a grant of special privilege inconsistent viwith the and zone in which the subject property limitations upon uses of other properties in the vicinity and zone is located." FWRC 19.45.030(1) in which the subject property is located because the house was in conformance with setback standards at the time of development. and the Citv ultimately changed that standard with Staff Report Page 5 Phasavath/Praseuth Variance Request File 11-101918-UP/Duo r.D 57973 the code amendment. The legal nonconforming status of the front yard setback is a condition shared by other developed properties in the vicinity and zone, including residences along I' Avenue South. "That the variance is necessary because Removing the carport eliminates a legal nonconforming aspect of special circumstances relating to the of the property as the carport was built ten feet from the size, shape, topography, location, or property line in 1947.3 However, there are no special surroundings of the subject property to circumstances that relate to the size, shape, topography, provide it with use rights and privileges location, or surroundings of the subject property that mandate allowed to other properties in the that this nonconforming condition must be replaced when vicinity and zone in which the subject removed. Portions of the proposed addition are proposed to property is located." FWRC intrude ten feet into the required yard setback despite the fact 19.45.030(2) that the subject property contains enough developable area to locate this addition outside of required yard setbacks. "That granting the variance will not be Removal of the carport and associated driveway will remedy an materially detrimental to the public unsafe vehicular site distance condition at the corner of lst welfare or injurious to the property or Avenue South at South 297`h Place. The location of the new improvements in the vicinity and zone in which the subject property is driveway will not impact site distance at the corner of 0 Avenue South and South 297 h Place, and the proposed garage located." FWRC 19.45.030(3) location meets setback requirements. "That the special circumstances of the Adequate developable area exists on the subject property that subject property are not the result of the could be used to locate an addition outside of required yard actions of the owner of the subject setback. Therefore, this request to build an addition outside of property." FWRC 19.45.030(4) the existing building footprint and intrude into required yard setbacks is the result of the actions of the owner of the subject property. Table 3 Variance Request #3: Permit a new second floor entry porch and staircase to intrude up to ten feet into the re aired front Vard setback. Variance Criterion Staff Analysis "The variance request will not The variance request to allow a second floor entry stairway and constitute a grant of special privilege porch to intrude up to ten feet into a required front yard setback inconsistent with the limitations upon consistent with the setback of the existing house does not uses of other properties in the vicinity constitute a grant of special privilege inconsistent with the and zone in which the subject property limitations upon uses of other properties in the vicinity and zone is located." FWRC 19.45.030(1) in which the subject property is Iocated because the house was in conformance with setback standards at the time of development, and the City ultimately changed that standard with the code amendment. The legal nonconforming status of the front yard setback is a condition shared by other developed properties in the vicinity and zone, including residences along 0 Avenue South. "That the variance is necessary because There are no special circumstances that relate to the size, shape, of special circumstances relating to the topography, location, or surroundings of the subject property size, shape, topography, location, or that mandate that the second floor entry porch and staircase surroundings of the subject property to must intrude into the required front yard setback. The proposed provide it with use rights and privileges internal staircase provides access to the lower level of the allowed -to other properties in the - — remodeled house without requiring an intrusion into the -required vicinity and zone in which the subject yard setback area, and the foyer can be modified to allow room property is located." FWRC for the entry porch. 19.45.030 2 3 Under FWRC 19.30, a nonconforming condition that is removed from a site is not grandfathered. Staff Report Page Phasavath/Praseuth Variance Request File 11-101918-UP/nac.i.n.57873 6 „That granting the variance will not be Allowing the second floor entry stairway and porch to intrude materially detrimental to the public into the required front yard setback would not be materially welfare or injurious to the property or detrimental to public welfare or injurious to the property or improvements in the vicinity and zone improvements in the vicinity and zone in which the property is in which the subject property is located. located.” FWRC 19.45.030(3) "That the special circumstances of the It is our conclusion that a special circumstance does not exist. subject property are not the result of the actions of the owner of the subject ro erty." FWRC 19.45.030(�l) Table 4. Variance Request #4: Permit a four -foot -wide circular staircase to intrude into the five foot rear yard setback Variance Criterion Staff Analysis "The variance request will not The request to intrude into the rear yard setback with a staircase constitute a grant of special privilege would be considered a special privilege that is inconsistent with inconsistent with the limitations upon the limitations on other developed properties as other properties uses of other properties in the vicinity would not be able to build within a required yard setback unless and zone in which the subject property a variance were granted. is located." FWRC 19.45.030(1) "That the variance is necessary because There are no special circumstances that mandate that the circular of special circumstances relating to the staircase must be located in the required yard as the subject size, shape, topography, location, or property contains enough developable area to locate the surroundings of the subject property to staircase outside of required yard setbacks. provide it with use rights and privileges allowed to other properties in the vicinity and zone in which the subject property is located." FWRC "That granting the variance will not be The intrusion into the setback could be materially detrimental to materially detrimental to the public the public welfare or injurious to the property or improvements welfare or injurious to the property or in the vicinity and zone as blacking access to the required yard improvements in the vicinity and zone with a staircase could compromise emergency access if there in which the subject property is was a fire, creating unsafe situation for the subject property and located." FWRC 19.45.030(3) otentiall im actin ad'acent ra erties. "That the special circumstances of the It is our conclusion that a special circumstance does not exist. subject property are not the result of the There is adequate developable area on the subject property to actions of the owner of the subject locate an addition outside of the required yard setback. nrooertv." FWRC 19.45.030(4) VM. HEARING EXAMINER PROCESS IV DECISIONAL CRITERIA The Hearing Examiner may, after consideration of the entire matter on record, issue a decision with or without conditions, or a denial, pursuant to the FWRC, including FWRC 19.70.150(3) decisional criteria used by the Hearing Examiner during Process IV review. IX. FINDINGS OF FACT AND CONCLUSIONS Based on an analysis of the proposed action and related decisional criteria, the Community and Economic Development Department finds that: Staff Report Page 7 Phasavath/Praseuth Variance Request File 11-101918-UP/D..I.D.57873 1. The FWCP designation of the site is Single Family - High Density. Zoning of the site is Single -Family Residential (RS-9.6). Single-family detached dwelling units are a permitted use within the RS-9.6 zone pursuant to FWRC 19.200.100. Required setbacks are twenty feet front yard, five feet for each side and rear yard. 2. The subject property is a corner lot at the northeast intersection of I" Avenue South, which is classified as a collector distributor street, and South 297`h Place, which is classified as a local street. The lot is developed with an existing single-family house that is located twenty feet from l' Avenue South and ten feet from South 2971h Place. An existing carport is located ten feet from each street (Exhibit 1g. In 2006, the City of Federal Way revised the definition of front property line to state that when determining the front yard of a comer lot, the yard shall not be located along an arterial or collector -distributor roadway. In the case of the subject property, this code change eliminated the historic I' Avenue South front yard, and established the former side yard on South 2978'Place as a front yard. Currently, this yard contains several improvements that intrude into the twenty -foot required yard setback including the existing single -story house and the carport. These intrusions are considered legally nonconforming conditions under FWRC. 4. The applicant proposes to remove the carport, and expand the size of the house. Portions of the following additions would intrude into required yard setbacks: (1) a 1,800 square -foot bedroom area addition located over the footprint of the existing house; (2) a 360 square -foot addition with a rooftop deck west of the existing house in the vicinity of the carport; (3) a four -foot -wide porch and entrance stairway would intrude ten feet into the front yard setback; and (4) a four -foot -wide circular staircase north of the existing house fully within the five-foot rear yard setback. The applicant has requested a variance to permit these yard intrusions. The rest of the proposed improvements, including a 1,066 square -foot four -car garage meet all setback requirements. 5. Variance requests are exempt from SEPA environmental review pursuant to WAC 197-11- 800(6)(b). 6. The City has conducted an analysis of the required decisional criteria to approve the variance request and permit intrusions into the required yard setbacks. The analysis is hereby incorporated by reference as though set forth in full. 7. • The proposed addition located over the existing house footprint (Variance request #1) meets variance criteria of the FWRC and is supported. The new building addition west of the existing house (Variance request #2) and the new entry porch and stairway along the south side of the house (Variance request #3), both of which intrude into the required front yard setback; and the circular staircase, which would intrude into the required rear yard setback (Variance request #4), do not meet all of the variance criteria and are not supported. X. STAFF REC€ NEWEENRATION - The City recommends that the expansion above the footprint of the existing house (Variance request # 1) be granted. Staff Report Page 8 Phasavath/Praseuth Variance Request File 11-101918-UP/noc.I D. 57873 Those additions that are outside of the existing building footprint that would intrude into required yards are the addition west of the existing house (Variance request #2), the entry porch and stairway on the south side of the house (Variance request #3), and the circular staircase in the required setback north of the house (Variance request #4). These variance requests are not recommended to be approved. EXHIBITS Exhibit A: Vicinity Map Exhibit B: King County Assessors Map Exhibit C: Federal Way Revised Code 19.200.010 detached dwelling unit Exhibit D: Existing Site plan prepared by JM Consulting Design, dated June 19, 2011 Exhibit E-1: Cover page of residential remodel building permit application Exhibit E-2: Plan page A-5 Proposed main floor plan Exhibit E-3: Plan page A-7 Proposed upper floor plan Exhibit F: Review letter dated April 15, 2011 Exhibit G-1: Master land use application for Variance Request dated May 16, 2011 Exhibit G-2: Site Plan page A-1, prepared by JM Consulting Design, dated September 25, 2010 Exhibit G-3: Elevation plan page A-9, prepared by JM Consulting Design, dated January 1, 2007 Exhibit G-4: Elevation plan page A-10, prepared by JM Consulting Design, dated January 1, 2007 Exhibit H-1: City letter dated August 12, 2011 Exhibit H-2: E-mail dated August 22, 2011 regarding electronic mail delivery and snail -mail redelivery Exhibit I: Applicant's e-mail reply dated September 26, 2011 Exhibit J: Notice of Application mailing confirmation Exhibit K: Notice of Hearing mailing confirmation Exhibit L: Table of current uses in the vicinity Exhibit M-1: Applicant's Response to Variance Criteria, received on May 16, 2011 Exhibit M-2: Applicant's Response to #4 Variance Criteria, received on June 3, 2011 Exhibit N: Annotated Aerial Photo TRANSMITTED TO THE PARTIES LISTED HEREAFTER: 1. 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JFAI !0WAMP., JEM I PLM DATE 00.19.2011 D'"'L2 P "(r-r 1 RE10570Pa8 I 1 I i c C) NEIGHEORS HOUSE 3-•I ON t� cd OWNER 5 C Phet Phasovath 4 Vicki PraseuthCd I 29650 Ist. Avenue 5t. (mod 1-4 Federal Way, Wa. ID003 0-4 LOT COVERAGE (EXI5TING E u IN I94i) r��TT ;-T-4 LOT 51ZE = 1003 5.f. EX15T. STRUCTURE = 1-56 S.F. HOUSE EX15T. OAR FORT = 340 5.F. (REMOVED) w EX15T. DEGK/PATIO/POROH/DRIVE5 = 1425 5.F. a TOTAL IMPERVIO05 = 3571 S.F. { u TOTAL = 39.6% avi PARGE. NO, a 052lo4914o LEGAL I 5 35 FT OF N FT OF W 15Ff SI 5 350 Fr OF N -11 TI3 FT OF W I/ SW Z OF V4 LS5 co RD- IN KIN& Lowrr EXI5TING SITE PLAN 1 SCALE: 1' = 10'-0' O 5 10 20 � m ter: • AL- CousuIuAgBcl7rai� DO5TIIiGSREPUIi+i pgStAsM p `Aug 3o"011 EX -SITE �E�WAY 0 11 I 1 I 1 I l I i NEIGHBORS HOUSE Ij SILT FENCE 01 r NI 1 I 2R9 I Dt15TN76 I I I �� nEL, �ATEO 24' GANTILEVFFL i I 1 / I "�' t � F�STR�65 • ' + 51 � i f • � 1 I f r► I �R �.PASF� • I L I E r 1! I I LINE OF WATHxPROOF DECK ABOV� ' h tt uyA � r 1 w i Irl [ u I Ir I ROOF OVERHAND I GARAGE i 41 a °d I EX. LAMI/ I H I ADDITION w 1 1 1 1066 SF. j E7 61M HOLIS I I Z _ STORY ADDITIOW (SWM I � f ryl � ,�7 14f. C-. 24h' iV fl ADDITION 90' FBE a7-0 353 S.F. I f T !! 12 CANInMVER PATIO ACC q LAM75CAP81Y14.L 1 r SILT FE78.'.E, -L;R A ,' I SILT I ' Sly ]rAl TYP. +r' I ' 6' MAPLE RRI �i�• YAARDDTRIMS , I pEPI GUR9 ell FJq � Fax GTr }TD_ � I ASPHALT DRIVE '•� °''�I�„ 1 I l i PR!l+FlPlr SILT BA65 ATALL STFMEV 57L7F04 DRAIN LIDS I C OF 5. 24TIi, - I { I I ' I mom i rim r,ewcw��.., Nlr., OR CXrL I ' i� 7 w�C�tfor R:'tll rATi aeaa ox r.a• �w xn- 5ILT, FIENCE ELEVATION r� . seas HS4LL b ewr,viexvw r �- H�•lftlrL ' 1 � SILT!FENGE GRO55 SECTION Nor To SCALE ! SILT FENCE DETAIL 1. h kKE REP47lAELE AT CONSTRUCTION ENTERANLE IHEY1 Emw nAY Lcr,Alv,61 2. MAINTAIN ALL 51LT FENC45 WRING GONSTRUCTION PHASE r NEIGHBORS HOME I. ALL DrAVAMON STOCK PILES TO SE CZVERED ATHIN 24 HOLRS 2. NEN AMMON TO CWCaTO BOEMN6 OWT125 Alt STORM DRAM LIrE'5 3, RE -GRADE SACK TO THE OMWAL W-WC (ft AFTE)i CO GTi"TiON 15 LOHIFLm 4. ALL IEWAVATTON" U5 TO W NALIFP OFF TO AN An'ROVLV LANDFILL SRE. ONNE 5 Prat Ph wa Oth 8 Vk-kl PrOBeuth 24650 I5t. Avenue 5t, Federal No WO. 48003 LOT COVERAGE (EXISTING BUILT IN 114-7) LOT 51ZE = 9005 0. XIST. 5TRllCTURE = 1756 s.f. HOUSE EXIST. CARI PORT = 3410 S.F. (REMOVED) EXIST. DECkmATIOIPORCH mve5 = 1425 S.F. NEW STRUCTURE = 555.2 ADDITION / 1066 GARAGE NAY'{ PATIO/,PORCKORIVES = 6525 S.F. TOTAL IMPERVIOU5 = 5bOT.-7 S.F. TOTAL = 422% - i�- PARGEL_NQ clTvoFFEnEriaLwav 0521046f14Q - — TFttM' ash of COW.WRIT,1:0EVELOPRErr, P PERMITS: 17-101248.00-SF LEGAL tabs on-slte & i ADDRESS: 296501stAveS �� PIB to InspertDT PROJECT: PHASAVAM / PRASEUTH A.p v D 5T5FTOFNi$OfYOFPI150FTOF avail F DATE RESUB: 4/b/T1 ] tiLeg&Desig �AOom 5 S50 FT OF K'* PT OF W 1,M OF SA C IS4dD I Awur INS m � V4 LESS CO 10;1 IN KING CCWY .-. - KiiLad, ahw�w¢78 u I11QE Sii�1� m ,y H SITE PLAN APPFYI+/FnErY --- o SCALE : !' 10'-O' O 5 10 < I UPON OOMPILMON NOTE TO AL7. %&4wTRACT0m, T� WORK IF ANY PA6" a TR,5 SST CF R.ANS wa 1 OF @fUORK c4rLwr wjm carrmw, BFORMAT'm � - WH7C:T O A OFiGE WEMAM LY WAY AIl B PRUIEDT Ia0. )000( DNAm BY: JEM [01ECatm BY: AM PIAN DATE 0925.10 DAY3.sGV.E w�THr B£VISIDNS Ao SILT M$ 1r7 , GORES THIS DESIGN 15 IN ACCARDANGE PWTH TIE FOES.OYEN§ LODES AS AMENDED BY THE MSHINSTON STATE KkD0i5 LODE: 200R IRC 2009 LHIFCRM HWHA.NICALOODE 200R LMIFORM PLUI•EINB Care Y(A_W INGTON STATE ENERBY GORE, YNC, 5-11 (raw) K4-',HINSTON STATE VENT ATON M INDOOR AIR OUALITY LODE M 51I r3 (MAO) ENERGY GORE SUMMARY HEATING SYSTEM TYPE Ii En OPT04 t rV HYAC AME I EW. HA16 GLA21N5 S L} RCW POCK IHVALLIE 1 0.20 t CEILINS5 9S7 ATrSLS R3H VARTW I N-5O I'mLs ABOM BRADS t R-21 E9.01Y GRACE iM'. Rr21 SKY. RJO KIM aAD ON 6RADE I IL'b Fm",-Pm we, 39T-rei1 fs LUMBER STRENCaTH5 FRAMING FI@L:E! TYPE IRS I FV E 3715TS A1dJ RAFII35 Haim d2 850 50 1900 WO 6. 172H9:iAL DOUR A Boo im a.n,um rtul -- IT00 ?]5O � 4, OO 4LG [9OOPC'O I�ODPL17 !1!"•�, S PARALLEL 5YNAN0 LI p9 - PARALLAMOW 2ROO 2W 2POOPW 24F-V4• 2400 1 fFO IpO0P00 . SIM MMA-M 4 29snics W'STAW 1200 T75 b5 75 1 I AOOPOO 1,40OPW APA RATE7 FiEAT110b Bx cumt I SPAR RATR15 _ FI.LL'H ITi61 �xTFi11LM: cAyatzqsAlY4 2ao LOADING DEFLGTION TYPE OF CON.:male-TION LOAJyINib [PSF] r 1TLgi LIVE LOAD DEAD LOAD Ti2TA1. LOAD LIVE LOAD YO•TAL LOAD ROOF (CAHMP.1 25 10 j5a 1 Lr2401 LADO caupis (ATTIC AwNai IO 5 ! 1$ L/240 U740 FLOOR 40 IO IEO V400 LJ58,:1 FLOOR (PV CEILING) 40 0Elll L/480 I-C410 DecK (51'Acm riaon 40 toPJ{TI9P.H]R PALL - I0INTIEIROR P'IAL.L - 10 DRAWING INDEX SNT. DESCRIPTION ` A -I I SITE PLAN L NOTES S / 5TRUCT.TION PLAN OOR PLAN U'MAIN FLOOR FRAMING PLAN FLOOR PLAN A-8 'ROOF FRAMING PLAN A-.q EXTERIOR ELEVATIONS A-10 EXTERIOR ELEVATION5 A -II BUILDING SECTION i 4-a Q1 Q 00 . Tub 4-3 > cd i0 E J�� J� r. n ,�• 11 V I� w oa 40 0 a PRIOR TO Ve V' LP ANY MA LA DOORS OR WRX*'b I TIE t l4t 6AS, AW AhTM 15 TO M T@PORASOLY SRn I OF . ALJ. EEARIWi %AJ.Ls TO BE 7E PORNi LY 5k'RE 1 ,11 LP p,P9Y M7LME}EM OF Nm s7TF illm CZWPAGTLR i 11 TDVHLrrTINTFm"aSrK*T EFsIN� ' C44XTM AND IMT T}E DQSTZ*'DO:.TLTE VA" 111 NVLL ty N7r xerc TO awALe OR FAILLE VANS T-e RE�cF 1431 sDRTMIRE. 1 1 A N.L a rLTRzAL suk%f E IN W4149 THAT AM 8245 FMH74W NW.I. a" TAPE PIPPED HR$° Nv* me PLAL@ swx STR7 TIN 57mN CP Kgk-s THAT P84AU � EL ALL ABANDONED 6A5 LINES, TO HAVE APPROVED CAPS t1 C. ALL ABANDONED KATER LIES A WASTE LNES, TD BE BALED OFF AND LEAK FFM \t D. ALL :AVA&VaLE j AT9RAJS 7O Ile 5TaIJ27 IN A =IM LflCATIOFI 4 CR Kel5m MACH via" Em 05E6TEP BY TIE Yk?E OTNSL ; DECK HA60 ABOVE -- I I PRQPQ5ED K.,NiN FLOOR PLAN SCALE V4tiI•C WALL 5929EPIU" � gD1CdsFif>�41Alis � a �µD�TIYs L'W.IA ... _7 ODV.AZ E 0mr, RWIA DOORS OR T To or TeMWIED ai : eDlcr<TB FhG5j71T6 mF o KWIATT31um VENTILATION REQUIREMENTS (am 2m uAlImTON 6TATE !DOOR APR YiIALITY LODE) 41T'ElLL fm Tr-- -,.13 eONE6 o : 2D W I Jew 2 PANA60 w Fv.v w LD xam n Lin • ]e 0 Wcm . W. 3 PNIA"W PV DsV0 of 60NE6 TS Qn • :D uG s0 L7n • JO un 4 PA78lWW FV-*A= QM 6LTE6 M CM • ]s M, 60OM•JOm NOFED+ L um w.iwm (aAm: IT : OGLE A%W PAL 1-11,' ¢7 fSO Clt1 Hill•ALL DFI@LL,LCJ�TIR]$itin I ALL FAtE TO vBi[ Db>EL'RT TO GR8¢TE A Ai..L 0114�R REO�BiTR HRDS uESGM11S YIAOl FLIRT NET. NOTE TO ALL 5UeCX : J TORS: jr- ANY PAisys) IN Tks wr OF PLAAL` HAS G0 Mlr,TIN& OR C 7wLeM INFORMATIONQU "WA(T OUR OFFICE iMMM�ATEL.r � 0nm FNCL: )DD« DRWM M': JEM CF E= BY. JFN PLAN DATE 0975.19 REVISIONS � M 00 � t1j O cd Cd O a N 'o') a� w I.: P-4 0 W. t A, 0 N Um E & p� H m L37SB 1 A-5 . I _'.. . .---._ _—i .. . —.. . —. .- i NOTE TO ALL 5UBCON IF ANY PAJSVS) IN THIS xf OF PLAN5 HA5 CONFLICTINS OR-Cajl VNS INFORMATION CONTACT alit OFFICE KIEVIATELY l �7�iii7E�©Lr[�IF7E�.:E Ewu'12'nTJ�iziLri 1%7its 71E� [u*�u 1;��[�t7SCi3LT7E "r'EI�E-.. EI��C1u"7s- GtaE1�E� [ cC"�EIDr'3Qu�1[�E71E��� 31 or tinml.A�.Tr"EI�S' mti7E�1 1 r =E3=mE -..1�t" =Mlm i �T7a7��+7E u�7- Ems' C3 , B PNaJECTW_ )0G0( MA" [Y: JBd CHECMS9: JEM PLANDATE 0075AD DWG. SCALE: REVM*NS e fi PROPOSES Uff tt rL_/AINIM4.1. �, p►�.� SCALew'.r.0 4 'PN11-'LfOC'Fv-Cb i096GFE5i"a" JOm NOTE& L Ps'00.11 Aam FOLY{ad= -ALL OnW LOCJA i11ta2 NE AALL ODlRroSirb vl,aREl1yTlEEET- %R FLOOR PLRN A-7 April 15, 2011 Phet Phasavath Vicki Praseuth 29650 1" Avenue S Federal Way, WA 98003 RE: Permit #11-101298-00-SF; Phasavath i Praseuth 29650 1' Avenue S Dear Mr. Phasavath and Ms. Praseuth: Can April 6, 2011, the City of Federal Way's Community and Economic Development Department received your application for a building permit to "construct new first floor additions of garage and rec room; complete . remodel offirst floor, and addition of new second floor living area and deck " I was assigned the land -use review of your proposal. An initial review of the material you submitted, along with other available pertinent data, indicate the following issues that must be addressed prior to land use approval. Referenced co.de.sections are attached to this letter. A. Geologically Hazardous Area This property has been mapped as a geologically hazardous area (GHA) due to potential erosion hazards. Erosion hazard areas are defined as `.`those areas having a severe to very severe erosion hazard due; to natural agents such as wind, rain, splash, frost action or stream flow: (See Federal Way Revised Code (FWRC) 19.05.070). Pursuant to FWRC 19.160.010, "A soils report prepared by a qual ied professional engineer licensed in the state which describes how the proposed development will impact each of the following on the subject property and nearby properties: (i) Slope stability, landslide hazard and sloughing. (d) Seismic hazards. (iii) Groundwater. (iv) Seeps, springs and other surface waters. (v) Existing vegetation. " Pursuant to FWRC 14.30.030, single-family construction is subject to environmental review (SEPA) when the project is located within a critical area. FWRC 14.30.010 states that GHA's are designated as critical areas: If it is determined that any portion of the construction is located within 25 feet of a GHA, environmental review will be required. If required, an environmental checklist must be submitted and reviewed prior to the City issuing an environmental decision. All property owners within 3O0 feet Qf t�Ite must a notice that decision. The: notification includes a 14-day comment and 14-day appeal period. Environmental review must be concluded before a building permit can be issued for the project. If it is determined that SEPA is required per FWRC 19.40.010, a preapplication meeting is required, unless otherwise waived. Representatives from all City permit review divisions, as well as the fire department and Lakehaven Utility District, will attend the meeting and will discuss their particular requirements as they relat to Doc ID *WW; Page 1 of 7 EXHP � PAGE_J_GF your project. I have enclosed a master land use applications and Preapplicatian Conference handout, which is a checklist of the items you'll need to submit when applying for the preapplication meeting. Please note there is a $464.00 nonrefundable fee for the meeting and it takes approximately two to four weeks to get on the schedule from the time the plans are submitted. If after analysis, however, the qualified professional engineer believes this property is not within a geologically hazardous area, the geotechnical report can address the FWRC-based reasons why this conclusion has been reached. Please note that the plans and report may be reviewed by the city's consultant and the applicant shall cover the cost of the third party review as required in accordance with the city's fee ordinance. B. Property Line Setbacks The property line setbacks for this property are 5 feet from the rear property line, 5 feet from the east property line, 10 feet from the west property line and 20 feet from the south (front) property line. It appears that the existing house and carport are within the front property line setback. Additionally, portions of the proposed south and west first and second floor additions will also project into the front property line setback. Pursuant to li WRC 19.30.090(c) Nonconforming Development, "Increase in gross floor area yan applicant proposes to increase the gross floor area of any use on the s u bject prop erty in any one of the following ways, the applicant shall comply with the development regulations in effect at the time of the proposal, as specified below: (i) If expansion of gross floor area of an existing building occurs either through addition of new floors within the structure or enlargement of the existing building footprint, the applicant shall comply with all development regulations in effect at the time the expansion is proposed. " What this means is that while the existing carport and house are too close to the front property line, there is no requirement to make an adjustment to their locations. However, the parts of the new addition that are proposed to be located within twenty feet of the front property cannot be placed there. An option available to you, should you wish to pursue the project as it is currently proposed, is the variance process_ I've enclosed Bulletin 9045 "Variance " which outlines the variance process. FWRC 19.45 is also included in the attached code document. The cost of for a Use Process IV Residential Variance is $1200.00. C Driveway The submitted site plan depicts a 23 foot wide driveway but does not indicate the length. Also, FWRC 19.130.210 requires that "single-family residential uses shall surface the first 40 feet of unpaved driveways measured from the back of the sidewalk or public right-of-way, whichever is greater. " Addressing the width of a residential driveway, FWRC 19.130.240 states that "a driveway andlor parking pad, in a required front yard, mav not exceed 20 feet in width except as specified in subsection (1) (b) of this section and may not be closer than f ve feet to any side property line... . (b) Exception. A driveway andlor parking pad in a required front yard may exceed 20 feet in width if- (i) It serves a three -car garage; (h) The subject property is at least 60 feet in width; and (iii) The garage is located no more than 40 feet from the front property line. " Please note that the Public Works department is also reviewing this project and may have comments with regard to the driveway. A revised site plan indicating the driveway paving material -and driveway dimensions is required. *Prior to submittal of a revised site plan, you may wish to await any comments from the Public Works Dept and submit a single resubmittal that responds to all comments. Doc ID #36944; Page 2 of 7 exM1PIT F PAGE_. 1�0F SUMMARY In summary, please provide the following: A. Three copies of a geotechnical report that addresses issues in item A of this letter. B. Two revised sets of construction drawings meeting the requirements set out.in section.B ofthis letter. C. Five copies of a:revised site -plan depicting the changes noted in, items A,- Q, any.identified geologically hazardous areas, the building footprint changes to meet the twenty foot front property: line= setback, and the details on the driveway paving and length. Please use the enclosed ltesubmittal form when submitting these items. Review by other City staff is occurring simultaneously, so you may be contacted by other City staff. 1 will continue my review upon receipt of the requested information. If you have questions concerning these requirements, please contact me at (253) 835-2629, or permitcenter@cioffederalway.com. Sincerely, 6 1. F 10*W" K. L. Cimmer Permit Center Supervisor enclosures c: Kevin Peterson, Engineering Plans Reviewer File Doc ID *36944; Page 3 of 7 FJ(E#l�nf PAGE�QF 19.05.070 G definitions. "Geologically hazardous areas" means areas which because of their susceptibility to erosion, landsliding, seismic or other geological events are not suited to siting commercial, residential or industrial development consistent with public health or safety concerns. Geologically hazardous areas include the following areas: (1) "Erosion hazard areas" are those areas having a severe to very severe erosion hazard due to natural agents such as wind, rain, splash, frost action or stream flow. (2) "Landslide hazard areas" are those areas potentially subject to episodic downslope movement of a mass of soil or rock including, but not limited to, the following areas: (a) Any area with a combination of- (i) Slopes greater than 15 percent; (ii) Permeable sediment, predominately sand and gravel, overlying relatively impermeable sediment or bedrock, typically silt and clay; and (iii) Springs or groundwater seepage. (b) Any area which has shown movement during the Holocene epoch, from 10,000 years ago to the present, or which is underlain by mass wastage debris of that epoch. (c) Any area potentially unstable as a result of rapid stream incision, stream bank erosion or undercutting by wave action. (d) Any area located in a ravine or on an active alluvial fan, presently or potentially subject to inundation by debris flows or flooding. (e) Those areas identified by the United States Department of Agriculture Soil Conservation Service as having a severe limitation for building site development. (f) Those areas mapped as Class U (unstable), UOS (unstable old slides), and URS (unstable recent slides) by the Department of Ecology. (g) , Slopes having gradients greater than 80 percent subject to rockfall during seismic shaking. (3) "Seismic hazard areas" are those areas subject to severe risk of earthquake damage as a result of seismically induced ground shaking, slope failure, settlement or soil liquefaction, or surface faulting. These conditions occur in areas underlain by cohesionless soils of low density usually in association with a shallow groundwater table. (4) "Steep slope hazard areas" are those areas with a slope of 40 percent or greater and with a vertical relief of 10 or more feet, a vertical rise of 10 feet or more for every 25 feet of horizontal distance. A slope is delineated by establishing its toe and top, and measured b ave in the inc iination over at least 10 feet of vertical relief. 14.30.030 Exemptions. (1) For each critical area, the exemptions within WAC 197-11-800 that are inapplicable for that area are: WAC 197-11-800(1) Minor new construction, flexible threshold. 197-11-800(2)(a) — (9) Other minor new construction. 197-11-800(6)(a) Minor land use decisions, short plat approval. 197-11-800(23) Utilities. (2) Unidentified exemptions shall continue to apply within environmentally sensitive areas of the city. 14.30.010 Designation of areas. (1) The following areas of the environment are designated as critical areas pursuant to RCW 36.70A.030(5): (a) Critical aquifer recharge areas and wellhead protection areas (Wellhead Capture Zones 1, 5 and 10); (b) Fish and wildlife habitat conservation areas; (c) Frequently flooded areas; (d) Geologically hazardous areas; (e) Regulated wetlands; and (f) Streams. (2) For each of these critical areas, the responsible official shall use city codes, ordinances, resolutions, plans and policies identified in FWRC 14.25.070 to preclude land uses and development which are incompatible with these areas. 19.40.010 Generally. Except as specified in FWRC 19.40.030, every applicant for a development permit must undergo a preapplication conference under this chapter and is subject to the provisions of this chapter. Development permit applications subject to the provisions of this chapter shall not be accepted by the director of community development services unless the applicant or the applicant's representative has requested and attended a pr plicatian cotference. 19.160.010 Limitations. (1) This section regulates development activities and land surface modifications on or within 25 feet of a geologically hazardous area (2) The director of community development may permit development activities, land surface modifications or the. installation an maintenance of landscaping normally associated with residential, commercial or park use on or within 25 feet of geologically hazardous area if no reasonable alternative exists and only if the development activity or land surface modification will not lead to V create any increased slide, seismic or erosion hazard. EX141 P I Doc ID *36944; Page 4 of 7 PAGE ` GE OF.�, 19.160.010 Limitations. (continued) (3) Before approving any development activity or land surface modification under this section, the city may require the applicant to submit the following information: (a) A soils report prepared by a qualified professional engineer licensed in the stale which describes how the proposed development will impact each of the following on the subject property and nearby properties: (1) Slope stability, landslide hazard and sloughing.- (ii) Seismic hazards. (iii) Groundwater. (iv) Seeps, springs and other surface waters. (v) Existing' vegetation. (b) Recommended foundation design and optimal Iocation for roadway improvements. (c) Recommended methods for mitigating identified impacts and a description of how these mitigating measures may impact adjacent properties. (d) Any other information the city determines is reasonably necessary to evaluate the proposal. (4) if the city approves any development activity or land surface modification under this section, it may, among other appropriate conditions, impose the following conditions of approval: (a) That the recommendations of the soils report be followed. (b) That the applicant pay for the services of a qualified professional engineer selected and retained by the city to review the soils report and other relevant information. (c) That a qualified professional engineer be present on -site during all land surface modification activities. (d) That trees, shrubs and groundcover be retained except where necessary for approved development activities on the subject property. (e) That additional vegetation be planted in disturbed areas. 19.05.190 R defiinitions. "Required yard^ means the area adjacent to and interior from a property line or the ordinary high water mark (OHWM) of a lot, as prescribed by regulations, and is the minimum required distance between a structure and a specific line, such as a property line, edge of private tract, or vehicular access easement that is required to remain fie= of structures. if two or more required yards are coincidental, the area will be considered the required yard with the greater dimension. Yards are also known as setbacks. Except for flag lots, required setbacks are categorized as follows: ' (1) Front. That portion of a lot adjacent to and parallel with the front property lines and at a distance therefrom equal to the required front yard depth. (2) Rear. That portion of a lot adjacent to and parallel with the rear property line and at a distance therefrom equal to the required rear yard depth. (3) Side. That portion of a lot adjacent to and parallel with each side property line and at a distance therefrom equal to the required side yard depth. All required yards not otherwise categorized shall be designated side yards. 1930.090 Nonconforming development. (1) If any aspect, structure, improvement or development does not conform to the development regulations prescribed in this title, that aspect, structure, improvement or development must be brought into conformance or otherwise improved as set forth below. (a) Change of use — Single -tenant site. If any applicant proposes a change of use on property used or occupied by a single tenant or use, the applicant shall meet those provisions determined by the director to be reasonably related and applicable to the change of use. 'These provisions shall apply to the entire site. (b) Change of use — Multi -tenant site. If an applicant proposes a change of use on only a portion of property occupied by multiple tenants or uses, the applicant shall meet those provisions determined by the director to be reasonably related and applicable to the change of use. These provisions shall apply only to that geographic portion of the site related to the use or tenant space on which the change is proposed. (c) Increase in gross floor area If an applicant proposes to increase the gross floor area of any use on the subject property in any one of the following ways, the applicant shall comply with the development regulations in effect at the time of the proposal, as specified below: (i) If expansion of gross floor area of an existing building occurs either through addition of new floors within the met= or enlargement of the existing building footprint, the applicant shall comply with all development regulations in effect at the time the expansion is proposed If the property on which the expansion is proposed is occupiedby multiple tenants or uses, the applicant shall comply with those development regulations applicable to the _--—gefl$rapluc-Po�thesite��the�acpansien-is-Pwposeds-or - - -- (u) If a new and separate structure is Tieing constructed on analready developed site, the applicant shall comply with all development regulations applicable to the geographic portion of the site on which the new structure and any related improvements are to be constructed; or (iii)- If the increase in grass floor area involves an existing single-family residential dwelling, the applicant shall comply with the development regulations in effect at the time of the proposal. For single-family residences, existing nonconformities may remain and continue so long as the existing nonconformities are not being increased or expanded in any way. New construction or renovation which involves the increase m gross floor area of a Doc ID *369"; Page 5 of 7 EX141 P IT PAGE ��.�.._. 19.30.090 Nonconforming development (continued) nonconforming single-family structure is subject to all applicable requirements of this Code including but not limited to provisions related to critical areas (FWRC Title 19. Division V), off-street parking (Chapter 19.I30 FWRC), improvements (Chapter 19.135 FWRC), and landscaping (Chapter 19.125 FWRC). (iv) If the increase in gross floor area involves an existing single -story building in the city center that is nonconforming as to the ground floor size limits established in Chapter 19.225 FWRC, the existing building footprint shall not be enlarged, except the director may approve minor additions such as entry structures, lobbies, seating or dining areas, bay windows, and similar Features; provided, that such addition(s) shall not exceed 1,000 square feet per building in any one consecutive 12-month period, and shall not increase the extent of any other nonconformance. (d) Abandonment. If an applicant proposes any work, including tenant improvements, on property that has been abandoned, the applicant shall comply with all development regulations applicable to the subject property, to the extent physically or technically practicable on the site. (e) The use conducted on the subject property has ceased for more than one year, in which case the applicant shall repair and/or restore the improvements on the site (e.g., drainage, landscaping, curbing, parking, parking W landscaping, etc.) to a condition as near as physically possible to the condition required by the requirements of approval of the existing development M The applicant is making any alteration or changes or doing any work, other than normal maintenance, tenant improvements, or minor additions noted in subsection (1)(c)(iv) of this section, in any one consecutive 12-month period to an improvement that is nonconforming and the fair market value of the alteration, change or other work exceeds 50 percent of the assessed or appraised value of that improvement. The appraisal must be from a statc-certified real estate appraiser. In the event this subsection is triggered with respect to a single -tenant or sirtgle-occupant site, the applicant shall meet all development regulations applicable to the property. In the event this subsection is triggered with respect to a site occupied by multiple tenants or uses, the applicant shall comply with those development regulations applicable to the geographic portion of the site on which the alteration, change or improvement is proposed. For purposes of this determining value under this section, - improvements required pursuant to this section (nonconforming development), FWRC 19.30.110 (when public improvements must be installed), 19-30.120 (nonconforming water quality improvements) and 19.135.030 (when public improvements must be installed) shall not be counted towards the 50 percent threshold which would trigger application of this subsection. (2) This section does not govern application of Chapter 19.115 FWRC, Community Design Guidelines; application of Chapter 19.115 FWRC is governed by FWRC 19.115.010 through 19.115.100, as amended. This section also does not govern application of development regulations relating to water quality, signs, or streerlsidewalk improvements; application of those development regulations is governed by FWRC 19.30.100, 19.30.110, 19.30.120 and 19.135.020, all as amended. Chapter 19.45 VARIANCES* Sections: 19.45.010 Procedure generally. 19.45.020 Application information. 19.45.030 Criteria for grant 19.45.040 Denial. 19.45.010 Procedure generally. The city will use process IV, Chapter 19.70 FWRC, to review and decide upon an application for a variance. 19.45.020 Application information. In addition to the application materials required in Chapter 19.70 FWRC, the applicant shall submit a completed application on the form provided by the department of community development, along with all of the information listed on that form. 19.45.030 Criteria for grant. The city may grant the variance only if it finds all of the following: (1) That the variance will not constitute a grant of special privilege inconsistent with the limitations upon uses of other properties in the vicinity and zone in which the subject property is located. (2) That the variance is necessary because of special circumstances relating to the size, shape, topography, location or surroundings of the subject property to provide it with use rights and privileges permitted to other properties in the vicinity and zone in which the subject property is -located. (3) That the granting of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the subject property is located. (4) That the special circumstances of the subject property are not the result of the actions of the owner of the subject property_ Doc ID #36944; Page 6 of 7 EXHIP�1T F PAGLk3F 19.130.210 Surface materials. (1) The applicant shall surface the parking areas, driveways and other vehicular circulation areas with a material comparable or superior to the surface material of the right-of-way providing direct vehicle access to the parking area. (2) Single-family residential uses shall surface the first 40 feet of unpaved driveways measured from the Hack of the sidewalk or public right-of-way, whichever is greater. (3) Grass grid pavers may be used for emergency access areas that are not used in required permanent circulation and parking areas. 19.130.240 Driveways and parking areas. Vehicles may not be parked in required yards except as follows: (1) Detached dwelling units. The regulations of this section apply to driveways and parking areas for detached dwelling units (a) Generally. Vehicles may not be parked in a required side yard, but may be parked in the required front and rear yards only if parked on a driveway and/or parking pad. A driveway and/or parking pad, in a required front yard, may not exceed 20 feet in width except as specified in subsection (1)(b) of this section and may not be closer than five feet to any side property line. Recreational vehicles to be used as a temporary dwelling on a residential lot where the primary dwelling unit is unsafe to occupy by reason of disaster or accident such as fire, wind, earthquake, or other similar circumstance are not required to be parked on a driveway and/or parking pad. (b) Exception. A driveway and/or parking pad in a required front yard may exceed 20 feet in width if- (i) It serves a three -car garage; (ii) The subject property is at least 60 feet in width; and (iii) The garage is located no more than 40 feet from the front property line. In addition, a driveway may flare at the front property line to a maximum width of 30 feet. (2) Attached and stacked dwelling units in residential zones. The regulation of this subsection apply to driveways and parking areas for stacked and townhouse (attached) dwelling units in residential zones. (a) Parking areas may not be located in required yards. (b) Driveways must be set back at least five feet from each property line, except the portion of any driveway which crosses a required yard to connect with an adjacent street. (3) Other uses. Parking areas and driveways for uses other than those specified in subsections (1)(a) and (b) of this section may be located within required setback yards. (4) Shared parking. If parking serves two adjacent uses, the parking area may be anywhere in the required yard between those uses. (5) Zero lot line townhouse dwelling units and lots in small lot detached development. Parking areas and driveways for these uses may utilize shared parking and park in required yards as specified in FWRC 19.205.010, Zero lot line townhouse and townhouse (attached) dwelling units; FWRC 19.205.020, Small lot detached dwelling units; and FWRC 19.200.020, Zero lot line townhouse and townhouse (attached) dwelling units. Doc ID #36944; Page 7 of 7 EXH��J� PAGE y" aF..�L_ CIT Federal Way MASTER Ll-x.1D USE APPLICATION DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES SUBMITTED 33325 8`h Avenue South PO Box 9718 Federal Way WA 98063-9718 MAY 16 2011 253-835-2607; Fax 253-835-2609 yr,"v.61yoffederalway.com CITY OF FEDERAL WAY CDS APPLICATION NO(S) _[ � / J I ! / � Y U Date Project Name R AA TA U 4 Property Address/Location 5-0 1 St- Ave_ S. Parcel Number(s) U S Z l o K If t 4-CC) Project Description PLEASE PRINT 5-1(.- Zo Ct --Q- N-" e ,i, , �o J � c .. -•T �� •- • �, � G� to Type of Permit Required Annexation Binding Site Plan Boundary Line Adjustment Comp Plan/Rezone Land Surface Modification Lot Line Elimination Preapplication Conference T Process I (Director—s Approval) Process II (Site Plan Review) Process III (Project Approval) Process IV (Hearing Examiner's Decision) Process V (Quasi -Judicial Rezone) Process VI SERA w/Project SEPA Only Shoreline: Variance/Conditional Use Short Subdivision Subdivision Variance: Commercia esidentia Required Information �� (• Zoning Designation Comprehensive Plan Designation Value of Existing Improvements Value of Proposed Improvements International Building Code (IBC): Occupancy Type Construction Type Applicant Name: Address: City/State: Zip: Phone: Fax: Email: Signature: Agent (if different than Applicant) Name: c) A-P# rLA Y i3 o 2 1,3 Address: '70 / A_ City/State: T<a-�-- Zip: nt 840-z- Phone: 7—,5' 3 Fax: 2. 5-3 Email: N rA o .,_. ,� . •,� A e 90 4 L A rt- C a�--- Signature: & �] Owner Name: Qhe4 C hasoku 0A Address: o)q &Sp IQ( XV2- S City/State: e&)^&J A)C.�y/ UlI + zip: M( �� Phone: 16- 60 _ q&5 _?- Fax: fn�t I. con, Email: V. prasetA4kC g Signature: Bulletin #003 — August 18, 2004 Page 1 of 1 k:\Handouts\Master Land Use Application I o; cV 1 — 4 L� r I 299 I , i EXI5 � $ I .�'� • • ■ I Y7c15T1N6fi £Oh-RETEFAT-• + � E_29'51 I •I 1 �I I< /I I I I i IX L4% li I 1 �]Tn ryir ,erg �N x cl4 r; u I i I � � 1 I i W ar 1 I r •-- r ,LAI so FENW NDSCAPE SEE etAa / . ASPHALT DRIVE I----------- �- - mc v. momme mmx Y�l ¢_r3nlw LW CANTILEVER l}�q4 i I I I I I I i LINE OF WATERPROOF DECK ABOV# 1 I ROOF OVERHAND I � GARAGE j ADDITION it I EXISTIH S. H1215E I i 1066 S.F. i (=ONP STOR( ADDITION) I rr W RETIE PATIO LAId %APE Y4AL L F&RDLF I ❑ SILT Hill A1InSCAP1� I I { Ex cuRL'a Ha�N �' FgR CITY #TD. ; a°I' r ml I i PROVfDE SiLF PAGE, AT ALL 5 57OW DRAW LIDS i I 1 Tom__ I i I 1 I I I I I �I ra•aw'elw►rncw, we w mr. snlnawns s+►srtrl.uu rasearnna IIIi 1.141yVl1 en xAl ae miwlaa y,laamlwnaw V I ! ! I —�C u i j i E bwr mlwleiIs a¢rKwc 51L FENCE ELEVATION YaiY /�KC1[R oeTMln Mee rrei�cic ►+swws, r rrws oQaw nsl rran y owut i Te our evr�a+a�neee i .wvrtN. SILT FENCE GROSS 5EGTION I NOf TO SCALE I SILT PENCE DETAIL SILT FENCE NOiErg.- I. MAKE FENCE REMOVABLE AT CONSTRUCTION BaBRPNCE R439 DRIVE WAY LOCATIONS) 2 MAINTAIN ALL 5ILT FENCI5 WRINS C0,15TR470N weu NEIGHBORS HOUSE SITE NOTES! I. ALL EXCAVATION STOOK FILES TO BE COVERED WI IN 24 HOUR5 2 WA ADDITION TO CONNECT TO EXISTING UTILITIES, AND STORM DRAIN LINES 3. RE6RADE BACK TO THE ORIGINAL CONTOURS AFTER CONSI RUCTION IS COMPLETE 4. ALL EXCAVATION SURPLUS TO BE HAUM OFF TO AN APPROVED LANDFILL SITE zzl OWNE 5 Phet Phasovoth B VIck1 Proseuth 29650 Ist. Avenue 5t. Federal Wqg, Vb. C18003 LOT COVERAGE (EXISTING BUILT IN 1947) LOT 51ZE = 9003 s3. EX15T. STRUCTURE = 1756 s.P. HOUSE EX15T. CART PORT = 390 5.F. (REMOVED) EX15T. DECK/PATIO/PORCH/DRIVE5 = 1425 5.F. NEW 5TRUGTURE = 353.2 ADDITION / 1066 GARAGE NEW PATIO�PORCHIDRIVES = 632.5 5.F. TOTAL IMPERVIOUS = 380-T.1 5.F. TOTAL = 422% PARCEL NO_ 052I04,114a LEGAL 5 -is Fir OF N ISO FT OF W ISO FT OF 5 350 FT OF N 713 Fi OF Pi In OF SW V4 LEY GO Ml IN KING COIMiY SITE PLAN 5GALE :I' = 10'-0' O 5 10 20 I GODE5 TH9S D WAI Is IN ACCORDANCE PUTH THE FO110161I146 COVES AS AMBIDED BY THE WA5HIN6TON STATE MILDINS CARE: 2DO9 1RG 2004 UNIFOW4 MFLHANICAL UW7E W09 UNIFORM M-WBINS odr: W aimTON STATE B846Y GORE, WAG SI41 ftrr) Y*SNI SM STATE VEWLAT1LN 4 INDOOR AIR QIAuTY GORE WA SI-I3 MAW ENERGY CODE 5UMIMARY WAT06 ST5TEM T11a GAS O°11CN I 1V WAG ARE tom. H4NC GLASIDIS R L4LR11T® ! DOOR U-VALLF i 020 fR^51 GBLJN66 Wl ATn[:5 I R-38 VAULT® I iR-90 WALLS AHOV7- 6RAOC' I R-21 PR9,WY 6>2AJE l 21R 2! IXT. R40 FLOOR I R-W $LAS 6N 6WIDe R-io FPZM 2" mm c+WgI3t 6 LUMBER 5TREN(FlrH5 FRAMING 1 C TYPE FB I F1r E PBi-rR.►i BA 150 IN'OOA00 61 NOMINAL DOLlS-FIR a2 b'NOMINAL DOUrFlRN gols100 1000 'go II110 IlCR7FOO7 LTOOpGO 1100 22 © 400 40D I�'OOp00 1500D00 135 ISH Pi?�I R STRAW I PQM PARALLUI (PSL) 2900 W 2pOOp0O 24FV4 : 2WO {� O PI,I Ixopoo �OR�6' i4y. •L mo.FIR 11 1% 5TW51 IF'9i10' IWO To i i 'P3 Ib0Op00 1,400.000 AFA PATCD `-h>EAT1H15 ARE I SPAM PATH& PLCt7R [film 4Fd24 LOADING DEFLE�OTION TYPE OF CONSTRICTION LOADING "F) oisFL�YIOtsi LIVE LOAD .DEAD LOAD UPTAL LOAD LIVE LOAD TOTAL LOAD ROOF (OOMPJ 25 IO .35 W40 LAW CELNS (ATT* A10" IO 5 115 U240 L7240 FLOOR 40 to 50 L/41!10 L/360 FLOOR IW [.FILING) 40 15 )55 1-/460 U--W DECK (SPACED WOWW) 40 10 50 L.� LFBLO EXTERIOR WALL 10 10 IIO - INTERIOR WALL 1- l0- DRAWINO INDEX 5HT. DESCRIPTION A-1 51TE PLAN I E A-2 'GENERAL NOTES I A-3 DETAIL5 / 5TRUCT. NOTE A-4 FOUNDATION PLAN A-5 'MAIN FLOOR PLAN A4 TIPPER FLOOR FRAMING PLAN A71 UPPER FLOOR PLAN A-8 ROOF FRAMING PLAN A-4 EXTERIOR ELEVATION5 A-IO 'EXTERIOR ELEVATIONS � A -II BUILDING SECTION IRI 3, — JUN 39 2011 1 MY OF F®BIAL WAY Cos NOTE TO ALI: 9ECONLRACTOFC IF ANY FAGW 01 TN5 SET OF PLAT S R45 WWFTIGTDW CR C4NRSIP & INPORWIGN Al BW •COPYRIGHTNOTICE: e.Rr.stirr nn.a.rwa�i PRO,IECTNO.: C00( DRAWN BY: Jfd1 CHECKED Br. Jf3A PLAN DATE: 0925.10 DWG. SCALE 114�- 1'-0' REVISIONS AOOEJ SLLT Ii3R� OfA]gl Ici r M rA ct O a 0000 '!4 ON �u ct > O Cd .- cn N a 71 u w 0 a 0 c•LI t .v 0 Q+ CarLsui ' OesiglL 930I7.2wi -£ 42 Iaa SIDE PLAN A-1 rr�vl--c>�t=ram FRONT ELEVA710N SCALE V4tiII& FROF 05=) --- SOU7H ELEVATION SCALE WNW ,hg�UBMITTED b MAY 16 2011 CITY OF FEDERAL WAY CDs > C & 425-SZI-75I$ ice■ ExIERIVR ELfvAnOnrs A-9 EXHIPI PAGE L(3F1_ PROPOSED REAR ELEVATION --AI.! V4LI'W PROPOSED NQF,7H ELEVA710N xx a va'.ra' AI- - BD xw myM� m CHECKMf w Imm REMICIfi uu it IN HOIX, JM C--dtb9& D-9u IaQatn.&11.—tm Y.n1 Wa7opm94w4 42542I-7518 EXTERIOR B-WAMON Wit ro M1.91i7C.oHrwlGfCR} C NIT:Prm C H SNZSSEI OP cfo% WPE.IGiUN Oft C,Ai115Ob 91`G�H11Lif FGT pR pTICE P9�fF PAGE.4.0F.J... CITY OF ti. Federal Way August 12, 2011 Dan Rayburn 1215 6h Avenue Tacoma, WA 98405 -) F ILE CITY HALL 33325 8th Avenue South Mailing Address: PO Box 9718 Federal Way, WA 98063-9718 (253) 835-7000 www cityoffederalway. com RE: PERMIT #11-101918-00-UP; PHASAVATH / PRASEUTH VARIANCE REQUEST 29650 1" Avenue South, Federal Way Dear Mr. Rayburn: The purpose of this letter is to inform you of the direction we are headed regarding the above -referenced variance application. After carefully considering the variance request, evaluating the variance approval criteria, and discussing the issue in detail with the Director and -Planning Manager, we will be recommending to the Hearing Examiner partial approval of the variance request. Specifically, we are recommending approval of the addition above the existing house but we will recommend that any proposed intrusion west of the existing house not be approved as discussed below. Briefly, we are recommending approval of the addition above the existing house because that part of the request meets all four variance criteria. However, the request to intrude in the area of the existing carport is not supported as it does not meet variance criteria #3 of Federal Way Revised Code (FWRC) 19.45.030, which states: "That the variance is necessary because of special circumstances related to the size, shape, topography, location or surroundings of the subject property to provide it with use rights and privileges permitted to other properties in the vicinity and zone in which the subject property is located." As the applicant is removing the carport structure, there is no special circumstance (such as the location of existing improvements) that necessitates the new improvements be located within the setback area in order to enjoy rights similar to surrounding properties. The city's staff report, which will be available prior to the hearing, will provide more detailed analysis of these issues. Please feel free to contact me if you have any questions about the variance request. I can be reached at 253-835-2642 or at deb.barker@cityoffederalway.com. Sincerely, Deb Barker Senior Planner Doc LD 58602 1 • � r - ,i � '� r,r }F .� 1 � 1 .i Rv 1 � 11 � � •�Y � � •J. ii �Yf fff }� � ' •' 1i m r .A i j.,, 7►� F. } , Aw • �¢ ' � �-'..ri..rs�' �wi���.�r •� � 1 � - �� 7: � ..i.r" a:..•r.+�- ix W J U U. H U) 4 O =Vr.l U ! °" 0 m Z W ,,ii W r�m0 O O Z N U) d EXPI P 111- PAGE-L.OF.i. EXPI P 111- PAGE-L.OF.i. American Land Title Association Commitment - 1965 COMMITMENT FOR TITLE INSURANCE ISSUED BY STEWART TITLE® GUARA--%= COMPANY STEWART TITLE GUARANTY COMPANY, A Texas Corporation, herein called the Company, for a valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company; either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate six months after'the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. Signed under seal for the Company, but this Commitment shall not be valid or binding until it bears an autho- rized Countersignature. IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers on the date shown in Schedule A. STEWART TITLE° GUAP-A_N Y COAIPANKY Chairman of t e Board �••.�y President Countersigned by: �O�paR4} ::J1 1908 fo. rERAs�+ prized Signatory Company City, State RESUBMITTED JUN 0 9 2011 CITY OF FEDERAL WAY CDS 116 005 - UN - Rev 3f78 Title Officer: PAUL OSTROM Title Officer: SUNNY JOHNSON Title Officer: CYNDI PEDERSEN Reference: MULVEY Loan Number: 995-7942 STEWART TITLE 18000 International Boulevard South, Suite 510 SeaTac, Washington 98188 PHONE: (206) 770-8711 FAX: (206) 770-8703 PHONE: (206) 770-8723 FAX: (206) 770-8703 PHONE: (206) 770-8708 FAX: (206) 770-8703 Order Number: 200007117 SECOND REPORT SCHEDULE A 1. Effective Date: January 29, 2001 at 8:00 a.m. 2. Policy Or Policies To Be Issued: (X) ALTA OWNER'S POLICY, (10/17/92) Amount: $225,000.00 (X) STANDARD ( ) EXTENDED Premium: $578.00 HOMEOWNER'S RATE Tax: $49.71 Total: $ 627.71 Proposed Insured: VICKI B. PRASEUTH, A SINGLE PERSON, AND PHET PHASAVATH, A SINGLE PERSON Amount: $221,523.00 (X) ALTA EXTENDED LOAN POLICY, (10/17/92) Premium: $363.00 SIMULTANEOUS ISSUE RATE Tax: $31.22 Total: $ 394.22 Proposed Insured: ACCUBANC MORTGAGE CORP. 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: FEE SIMPLE 4. Title to said estate or interest in said land is at the effective date hereof vested in: EVELYN IONA MULVEY, WHO ACQUIRED TITLE AS EVELYN I. PETERS, AS A SEPARATE ESTATE 5. The land referred to in this commitment is described in Exhibit "A". Page 1 Order Number: 200007117 Order Number. 200007117 EXHIBIT "A" THE SOUTH 75 FEET OF THE NORTH 150 FEET OF THE WEST 150 FEET OF THE SOUTH 350 FEET OF THE NORTH 713 FEET OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 5, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON; EXCEPT THE WESTERLY PORTION THEREOF INCLUDED IN COUNTY ROAD NO. 313. SCHEDULE B - SECTION 1 THE FOLLOWING ARE THE REQUIREMENTS TO BE COMPLIED WITH: ITEM (A) PAYMENT TO OR FOR THE ACCOUNT OF THE GRANTORS OR MORTGAGORS OF THE FULL CONSIDERATION FOR 'THE ESTATE OR INTEREST TO BE INSURED. ITEM (B) PROPER INSTRUMENT(S) CREATING THE ESTATE OR INTEREST TO BE INSURED MUST BE EXECUTED AND DULY FILED FOR RECORD NOTE: EFFECTIVE JANUARY 1, 1997, AND PURSUANT TO AMENDMENT OF WASHINGTON STATE STATUTES RELATING TO STANDARDIZATION OF RECORDED DOCUMENTS, THE FOLLOWING FORMAT AND CONTENT REQUIREMENTS MUST BE MET. FAILURE TO COMPLY MAY RESULT IN REJECTION OF THE DOCUMENT BY THE RECORDER. FORMAT: MARGINS TO BE 3" ON TOP OF FIRST PAGE, V ON SIDES AND BOTTOM, 1" ON TOP, SIDES AND BOTTOM OF EACH SUCCEEDING PAGE. FONT SIZE OF 8 POINTS OR LARGER AND PAPER SIZE OF NO MORE THAN 8'/2" BY 14". NO ATTACHMENTS ON PAGES SUCH AS STAPLED OR TAPED NOTARY SEALS, PRESSURE SEALS MUST BE SMUDGED. INFORMATION WHICH MUST APPEAR ON THE FIRST PAGE: TITLE OR TITLES OF DOCUMENT. IF ASSIGNMENT OR RECONVEYANCE REFERENCE TO AUDITOR'S FILE NUMBER OR SUBJECT DEED OF TRUST. NAMES OF GRANTOR(S) AND GRANTEE(S) WITH REFERENCE TO ADDITIONAL NAMES ON FOLLOWING PAGE(S), IF ANY. ABBREVIATED LEGAL DESCRIPTION (LOT, BLOCK, PLAT NAME OR SECTION, TOWNSHIP, RANGE AND QUARTER QUARTER SECTION FOR UNPLATTED). ASSESSOR'S TAX PARCEL NUMBER(S) RETURN ADDRESS WHICH MAY APPEAR IN THE UPPER LEFT HAND 3" TOP MARGIN Page 2 Order Number: 200007117 SCHEDULE B - SECTION 2 GENERAL EXCEPTIONS THE POLICY OR POLICIES TO BE ISSUED WILL CONTAIN EXCEPTIONS TO THE FOLLOWING UNLESS THE SAME ARE DISPOSED OF TO THE SATISFACTION OF THE COMPANY. A. TAXES OR ASSESSMENTS WHICH ARE NOT SHOWN AS EXISTING LIENS BY THE RECORDS OF ANY TAXING AUTHORITY THAT LEVIES TAXES OR ASSESSMENTS ON REAL PROPERTY OR BY THE PUBLIC RECORDS. B. ANY FACTS, RIGHTS, INTEREST, OR CLAIMS WHICH ARE NOT SHOWN BY THE PUBLIC RECORDS BUT WHICH COULD BE ASCERTAINED BY AN INSPECTION OF SAID LAND OR BY MAKING INQUIRY OF PERSONS IN POSSESSION THEREOF. C. EASEMENTS, CLAIMS OF EASEMENT OR ENCUMBRANCES WHICH ARE NOT SHOWN BY THE PUBLIC RECORDS. D. DISCREPANCIES, CONFLICTS IN BOUNDARY LINES, SHORTAGE IN AREA, ENCROACHMENTS, OR ANY OTHER FACTS WHICH A CORRECT SURVEY WOULD DISCLOSE, AND WHICH ARE NOT SHOWN BY PUBLIC RECORDS. E. (A) UNPATENTED MINING CLAIMS, (B) RESERVATIONS OR EXCEPTIONS IN PATENTS ❑R IN ACTS AUTHORIZING THE ISSUANCE THEREOF; (C) WATER RIGHTS, CLAIMS OR TITLE TO WATER; WHETHER OR NOT THE MATTERS EXCEPTED UNDER (A), (B) OR (C) ARE SHOWN BY THE PUBLIC RECORDS, (D) INDIAN TRIBAL CODES OR REGULATIONS, INDIAN TREATY OR ABORIGINAL RIGHTS, INCLUDING EASEMENTS OR EQUITABLE SERVITUDES. F. ANY LIEN, OR RIGHT TO A LIEN, FOR SERVICES, LABOR OR MATERIAL THERETOFORE OR HEREAFTER FURNISHED, IMPOSED BY LAW AND NOT SHOWN BY THE PUBLIC RECORDS. G. ANY SERVICE, INSTALLATION, CONNECTION, MAINTENANCE, CONSTRUCTION, TAP OR REIMBURSEMENT CHARGES/COSTS FOR SEWER, WATER, GARBAGE OR ELECTRICITY. H. DEFECTS, LIENS, ENCUMBRANCES, ADVERSE CLAIMS OR OTHER MATTERS, IF ANY, CREATED, FIRST APPEARING IN THE PUBLIC RECORDS OR ATTACHING SUBSEQUENT TO THE EFFECTIVE DATE HEREOF BUT PRIOR TO THE DATE THE PROPOSED INSURED ACQUIRES OF RECORD FOR VALUE THE ESTATE OR INTEREST OR MORTGAGES THEREON COVERED BY THIS COMMITMENT. END OF GENERAL EXCEPTIONS Page 3 Order Number: 200007117 SCHEDULE B - SECTION 2 CONTINUED SPECIAL EXCEPTIONS 1. RIGHT TO MAKE NECESSARY SLOPES FOR CUTS OR FILLS UPON SAID PREMISES AS GRANTED BY DEED RECORDED JANUARY 10, 1961 UNDER RECORDING NO. 5240107. 2. EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN: RECORDED: JANUARY 17, 2001 RECORDING NO.: 20010117001375 FOR: INGRESS, EGRESS AND UTILITIES AFFECTS: EAST 20 FEET 3. LIEN OF THE REAL ESTATE EXCISE SALES TAX AND SURCHARGE UPON ANY SALE OF SAID PREMISES, IF UNPAID. AS OF THE DATE HEREIN, THE EXCISE TAX RATE FOR CITY OF FEDERAL WAY IS 1.78%. GENERAL TAXES AND ASSESSMENTS, IF ANY, FOR THE YEAR 2001, IN AN AMOUNT NOT YET AVAILABLE, WHICH CANNOT BE PAID UNTIL FEBRUARY 15, 2001. LEVY CODE: 1205 TAX ACCOUNT NO.: 052104-9140-08 ASSESSED VALUATION: LAND: $80,000.00 IMPROVEMENTS: $92,000.00 NOTE: TAXES AND CHARGES FOR 2000 WERE PAID IN FULL IN THE AMOUNT OF $1,501.03. NOTE: KING COUNTY TREASURER, 500 4TH AVENUE, 6TH FLOOR ADMIN. BLDG., SEATTLE, WA 98104 (206) 296-3850 NOTE: SAID TAXES AS BILLED FOR THE CURRENT YEAR REFLECT AN EXEMPTION AS ALLOWED UNDER RCW 84.36 FOR SENIOR CITIZENS. PLEASE CONTACT THE KING COUNTY TREASURER AT THE PHONE NUMBER LISTED ABOVE FOR THE CORRECT TAX AMOUNT. Page 4 Order Number: 200007117 4. DEED OF TRUST GRANTOR: TRUSTEE: BENEFICIARY: AMOUNT: DATED: RECORDED: RECORDING NO. 5. DEED OF TRUST GRANTOR: TRUSTEE: AND THE TERMS AND CONDITIONS THEREOF: EVELYN IONA MULVEY, FORMERLY EVELYN I. PETERS, AN UNMARRIED WOMAN FIRST AMERICAN TITLE INSURANCE COMPANY THE BANK OF CALIFORNIA, NATIONAL ASSOCIATION $61,600.00 J U LY 15, 1986 J U LY 28, 1986 8607280479 BENEFICIARY: AMOUNT: DATED: RECORDED: RECORDING NO.. AND THE TERMS AND CONDITIONS THEREOF: EVELYN I. MULVEY, AN UNMARRIED INDIVIDUAL COMMONWEALTH LAND TITLE INSURANCE COMPANY WASHINGTON MUTUAL SAVINGS BANK $107,000.00 APRIL 7, 1994 APRIL 15, 1994 9404150754 6. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: EVELYN I. MULVEY, AN UNMARRIED PERSON TRUSTEE: RAINIER CREDIT COMPANY BENEFICIARY: BANK OF AMERICA NT&SA DOING BUSINESS AS SEAFIRST BANK AMOUNT: $40,000.00 DATED: JANUARY 3, 1997 RECORDED: JANUARY 21, 1997 RECORDING NO.: 9701211362 NOTE: THIS DEED OF TRUST CONTAINS LINE OF CREDIT PRIVILEGES. IF THE CURRENT BALANCE OWING ON SAID OBLIGATION IS TO BE PAID IN FULL IN THE FORTHCOMING TRANSACTION, CONFIRMATION SHOULD BE MADE THAT THE BENEFICIARY WILL ISSUE A PROPER REQUEST FOR FULL RECONVEYANCE. 7. IF THE HEREIN DESCRIBED PROPERTY CONSISTS OF THE DWELLING IN WHICH THE OWNER RESIDES....SUCH PREMISES CANNOT BE CONVEYED OR ENCUMBERED UNLESS THE INSTRUMENT IS EXECUTED AND ACKNOWLEDGED BY BOTH SPOUSES, IF SAID OWNER IS A MARRIED PERSON, PURSUANT TO RCW 6.13. IF THE OWNER IS UNMARRIED THE FORTHCOMING INSTRUMENT SHOULD SO RECITE. 8. ENCROACHMENT OF EXISTING DECK ONTO ADJACENT PROPERTY AS DISCLOSED BY DEED OF TRUST RECORDED UNDER KING COUNTY RECORDING NUMBER 8607280479. Page 5 Order Number: 200007117 NOTES: NOTE A: IN ORDER TO ASSURE TIMELY RECORDING ALL RECORDING PACKAGES SHOULD BE SENT TO: STEWART TITLE 15000 INTERNATIONAL BLVD., SUITE 510 SEATAC, WASHINGTON 98188 ATTN: RECORDER NOTE B: THE DESCRIPTION CAN BE ABBREVIATED AS SUGGESTED BELOW IF NECESSARY TO MEET STANDARDIZATION REQUIREMENTS. THE FULL TEXT OF THE DESCRIPTION MUST APPEAR IN THE DOCUMENT(S) TO BE INSURED. PTN. OF W2/SW4, 05-21-04 NOTE C: ALL MATTERS REGARDING EXTENDED COVERAGE HAVE BEEN CLEARED FOR MORTGAGEE'S POLICY. EXCEPTIONS A THROUGH H SHOWN IN SCHEDULE B HEREIN WILL BE OMITTED IN SAID EXTENDED COVERAGE MORTGAGEE'S POLICY. ADDRESS OF PROPERTY: 29650 1ST AVENUE SOUTH FEDERAL WAY, WASHINGTON 98003 THE COVERAGE CONTEMPLATED BY THIS PARAGRAPH WILL NOT BE AFFORDED IN THE OWNER'S POLICY. NOTE D: ACCORDING TO THE APPLICATION FOR TITLE INSURANCE, TITLE IS TO VEST IN VICKI B. PRASEUTH, A SINGLE PERSON, AND PHET PHASAVATH, A SINGLE PERSON. EXAMINATION OF THE RECORDS DISCLOSES NO MATTERS PENDING AGAINST SAID PARTY(IES). E1413 OF SCHEDULE B BGS/dba Page 6 Order Number: 200007117 Copies to: WINDERMERE REAL ESTATE/SOUTH, INC./FEDERAL WAY 33438 - 1 ST WAY SOUTH FEDERAL WAY, WA 98003 ATTENTION: FORREST LAMOTTE JOHN L. SCOTT, INC./FEDERAL WAY 31620 23RD AVE S FEDERAL WAY, WA 98003 ATTENTION: SCOTT HURRAN ACCUBANC MORTGAGE CORP./FEDERAL WAY 31620 23RD AVE. S FEDERAL WAY, WA 98003 ATTENTION: KATHY CHICAGO TITLE & ESCROW/FEDERAL WAY 31620 - 23RD AVENUE SOUTH, #200 FEDERAL WAY, WA 98003 ATTENTION: Page 7 Order Number 200007117 ORDER Section : - Township Range Short Plat Rec. No. Sanctity of Contract STEWART TITLE volume Page N .FT.Tn 9�.7e g7�o as.ss a 6 n :� 91 7 v 1,6 br �_� ep r Z 006.rear 87.: a 7 7a 1 7.7:0 .i-- ♦ S. 2967H ^•� a a•7a _, � .a a !cam �� �• a7s s? _ 78.16 iT'3S 6 h p �4 ;L L9 Tl.c3 $ 36 /2"7. IG c - �34 mtti5 aS F +s'• M �[' d 8 tn a, rya z n z ate p f.4� $r7 ��.� q_� Z a� dry Ss•- .^6 SAY .51. tQQ .. 13 ,p A 1 � si $ 0 1 1150 ' a 0�2 t1t V • i rs3y .z3.or /33 �rBY of-47W 78 /z/•3a 3G 127-T0 • •• �2d 7S R/8� 0/' 7"' W O X a• .-. d �11� � �e M a v v �¢*� °� K 00 � 7o A a 95r3 oz, 4 f& Q ' � CD tz o .o-� 7S +" • ry� � �, A v 7 G �i 0010 e 5 - 2.97 TH P L This sketch is provided without charge for your information. It is not intended to show all matters related to the property including, but not limited to area, dimensions, easements, encroachments or location of boundaries. It is not a part of, nor does it modify, the commitment or policy to which it is attached. The company assumes No LIABILITY for any matter related to this sketch. Reference should be made to an accurate survey for further information. STEWART TITLE 18000 International Boulevard South, Suite 510 SeaTac, Washington 98188 Phone: (206) 770-8700 Fax: (206) 770-8703 ORDER NUMBER: 200007117 COPIES OF DOCUMENTS FOR PROPERTY ADDRESS: 29650 1 ST AVENUE SOUTH, FEDERAL WAY, WA 98003 RESUBMITTED JUN 0 9 2011 CITY OF FEDERAL WAY CDS Cn r-- U C_ C7 AAcr recording please Mum to Evelyn Mulvey 29219 Yd Ave S W Federal Way, WA 98023 I i I 17 �1375 20 Ift fl 00 ��N1 7$64CR5 KtNG�C Ty. UPf EASEMENT FOR INGRESS, EGRESS AND UTILITIES I I — 1,LHTZ30%5s - Z For and in consideration of mutual benefits, the receipt of which is hereby expressly acknowledged, Grantor, Evelyn Mulvey, a married woman, as her separate estate, as owner of Tax Lot 140 legally described below hereby conveys and warrants to Grantee, Evelyn Mulvey, a married woman, as her separate estate, as owner of Tax Lot 214 legally described below, her successors and assigns a perpetual twenty -foot in width easement for ingress, egress and utilities legally described as follows The East 20 feet of the South 75 feet of the North 150 feet of the West 150 feet of the South 350 feet of the North 713 feet of the West half of the Southwest Quarter of Section 5, Township 21 North, Range 4 East, W M , In King County, Washington upon, through and across Tax Lot 140 legally described as follows The South 75 feet of the North 150 Feet of the West 150 feet of the South 350 Feet of the North 713 Feet of the West half of the Southwest Quarter of Section5, Township 21 North, Range 4 East, W M , In King County, Washington; except the west 30 feet thereof for 1 5i Ave South Fe MGM �SSIVAKITWIJ for the benefit of Tax Lot 214 legally described as follows The North 75 Feet of the West 150 Feet of the South 350 Feet of the north 713 Feet of the West Half of the Southwest Quarter of Section 5, Township 21 North, Range 4 East, W.M In King County, Washington, except the West 30 feet thereof for I' Ave South. • i I T., LOYA ElI I ^- . - - 0 f c;_Qii.i'l ED Kinnns Dlvlslcr s BY 1 Deputy Underground Utility Use Grantee shall have the right to construct, operate, maintain, repair, replace underground utilities together with all necessary or convenient vaults, manholes and access Grantee shall have the right to access the easement and across the property to enable Grantee to exercises its rights hereunder Grantor shall not construct or maintain any building or other structure on the easement which would interfere with the exercise of the rights herein granted nor shall Grantor dig, tunnel or remove soil in such a manner that will affect or damage Grantee's utility connection and use Surface Restrictions on Use: Grantee shall have the right of ingress and egress only on the ground surface of the area of the easement Grantee shall not have the right to park cars, boats, trailers or any other movable items in the easement for any period of time. Grantee shall not use the easement for any other purpose such as basketball hoops (portable and permanent) or recreation (i a skating, bicycling, playing and the like) L.n Grantee shall not place any utilities above the ground surface All utilities must be buried below the surface of the ground r C_ G Affirmative Duties of Grantee: c All affirmative duties of Grantee shall be at the sole expense and burden of Grantee G Grantee shall pave the easement with "blacktop asphalt" on or before June 1, 2001 The paving shall be done in a workman -like manner and in conformance with government requirements, if any Grantee shall construct the asphalt driveway in such a manner that rain water shall not be diverted onto Tax Lot 140 or any neighboring property other than Tax Lot 214 Grantee shall ne the drainage for the asphalt driveway into the drainage system for Tax Lot 214 and not allow the drainage to run on the surface of the property Grantee shall also construct a retaining wall along the West edge of the easement at the same time Grantee paves the easement The retaining wall shall be constructed to a height, width and matenal sufficient to prevent slippage and erosion of soil from the easement onto any portion of Lot 140 3 CV Grantee shall plant vegetation on Tax Lot 140 suitable to create a natural "hedge" that shall border the West edge of the easement for the purpose of concealing the use of the easement as viewed from Tax Lot 140 The hedge shall be maintained by the Grantee for the full 75 foot length of the easement at a height no greater than 5 feet from the asphalt surface and a width no greater than 3 feet In addition to maintaining the west edge of the easement, the Grantee shall maintain the existing hedge on East edge of the easement on Tax Lot 140 in a manner suitable to create a natural "hedge" that shall border the East edge of the easement The hedge shall be maintained by the Grantee for the full 75 foot length of the easement at a height so that the hedge does not block the view of the windows of the house of Lot# 1 of Shore Vista (Tax #7764200010) which is contiguous and east of Tax Lot 140 The width of the hedge shall be maintained no greater than 3 feet Grantee shall have the affirmative duty to maintain the easement in all respects In the event that Grantee fails to maintain the easement, the Grantor shall notify the Grantee in writing of the breach and Grantee shall have 30 days to correct the breach In the event that Grantee fails to correct the breach without legal excuse after receipt of the 30 day written notice, Grantor shall be able to hire and/or correct the breach. Grantor shall then be able to recover the cost of correcting the breach against the Grantee In the event the Grantee uses the easement for underground utilities, the Grantees shall bear all costs associated with the installation and maintenance of the utilities If the surface of the easement needs to be modified or repaired due to the use of the easement for utilities, Grantee shall perform the medications or repairs to restore the surface of the easement to its existing usable condition within 7 days of the modification or repair In the event a party files suit to enforce this easement, the prevailing party shall be entitled to their costs and reasonable attorney fees This restrictive covenant is binding on heirs, successors and assigns, touches and concerns the land, runs with the land, and benefits and burdens both parcels STATE OF WASHINGTON f ss COUNTY OF KING ) Al On this day personally appeared before me c;y , to me known to be the / rit�,yi r`y i rC.. , who executed the within and foregoing instrument, and acknowledged the instrument to be the free and voluntary act and deed on behalf of saidb-�)G nl e- cfF for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute tWtVrfthwaqt on behalf of said party SUBSCRIBED AND SWORN to before me this l l � o f 20��by �i, )4-j l�n 1 1 . f PI" C t 7 ►[ � = :� STATE OF WASHINGTON SS COUNTY OF KING Pnnted nan�. ��'i'R1�'I�Eccr NOTARY P fi�� F = the State of W My commission cx�iihaaslii On this day personally appeared before me , to me known to be the who executed the within and foregoing instrument, and acknowledged the instrument to be the free and voluntary act and deed on behalf of said _ for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute this instrument on behalf of said party SUBSCRIBED AND SWORN to before me this day of 20 , by Punted name NOTARY PUBLIC in and for the State of Washington My commission expires on _ _ . WHEN RECORDED RETURN TO Name Evelyn Muly� Address 197193f° Ave S W City,State, Zip Federal Way. W A 98023 wA T RESTRICTIVE VIEW/USE COVENANT Z3ra15Its -Z THE GRANTOR Evelyn Mulvey, a marned woman, as her separate estate, for and in consideration of preservation of view of the real property described herein ("Benefited Property") and the mutual benefit of both properties, hereby restricts and burdens the use of a portion of the following described property The North 75 Feet of the West 150 Feet of the South 350 Feet of the north 713 Feet of the West Half of the Southwest Quarter of Section 5, Township 21 North, Range 4 East, W M In King County, Washington, except the West 30 feet thereof for 1" Ave South Tax Id No 052104921 409 Restricted Area: Beginning at a point on the East ]me of the West 30 feet of the South 350 Feet of the North 713 Feet the Southwest Quarter of Section 5, Township 21 North, Range 4 East, W M . in King County, Washington, co thence South 89' 01' 48" East along the North Line of Said South 350 feet, 9 39 feet, thence south 25°39'54" East r" 83 90 feet, thence North 89°0I'47 m " West 48 93 Feet to the East Line of said West 30 feet, thence North 02°26'46" East, along said East line 75 03 feet to the point of beginning O O Restriction: In the Restricted Area no structure of any kind or appurtenance thereto shall be erected, altered, placed or permitted to remain and no vegetation or any kind, natural or planted, shall be allowed higher than the elevation of 15 4 Feet above the Sewer manhole #470 Lakehaven Sewer District Rim elevation Caveat It is contemplated that a house will be erected an the burdened property described above o Temporary placement of scaffolding and equipment during the construction process in the Restricted Area shall not u be a breach of this Restriction as long as construction is completed within 9 months after commencement N This restrictive eoveisant is binding on heirs, successors and assigns, touches and concerns the land, runs with the land, and benefits and burdens both parcels Benefited Property: This Restrictive Covenant is for the benefit of the following described property The South 75 feet of the North 150 Feel of the West 150 feet of the South 350 Feet of the North 713 Feet ofthe West half of the Southwest Quarter of Section5, Township 21 North, Range 4 East, W M, In King County, Washington, except the west 30 feet thereof for 1" Ave South Tax Id No 052104914008 DATED IL dividual) (Individual) STATE OF WAS`HiNGTON COUNTY OF l'li&26; ] On this day personally appeared before me t�tk.CAAE to me 4nvwn to be the individual d ribal in an d who txecuted the "in and foregoing instrument. and ukn fedgot}t�Ct — signed the same as _ ICY_?' fire and voluntary act and deed, for the uses and purposes therein mentioned raiding at �Q�,.. •� •�gtONF . lSi tt 4 un y head a ial3ly this _ . PUSL1G i — --------- Tdb hm I WE@ no rm4 spAa tesEawn to Vie --------- REOUL- E A'4' 7r Lr) filed for Record at K*Vzt OF VP AUG 3r1 Ee R 00 Title !no- kD -V Street OEPUT Y T7 cr'r-a' '-MshM:'-3n aCity Am S-- = Send tax statements to: D@7dd Im PGOWS c/o The Bank of California loll Pacon Aveme I - NVZB& 9 r— 467 I -REV StaWtory Wallumtr Dood THE GRANTOR THEODCRE E_ GRAFjp and ALICIg R. GmL&", bunk nd and wife, for and in consideration of Ton and NO/100 D011=8 and other good and valuable considerations, in hand paid, conveys and warrants to DAVED L. pETyas and E"LYN L PETERS, husband and wife, the folowing described real estate, situated in the C-=tY Of King State of Washington: The South 75 feet of the North 1-W feet Of- the West 150 feet of the South 360 feet of North 713 feet of the West bag of the, Southwest qmLcter of Section S, Township 21 North,the Range 4 East of the Willamette MOtl"An- EXCEPT the Westerly pn-tkm thereof inclutiod in ComaLy Road No. 313. FA905!2 A0629OU 7' 2. UMM j =Z SUBJECT TO: Easement 9-a-a to Mug CouttLy to construct utilities and side-wadk,3 as recorded under Auditor's Fee No. 4784705. Dated this 18th STATE OF WASHINGTON. (ss. County of Pierce day of August 0e tbi, day personally appeared before me Theodore E. Graff and Alice H. Graff ,1972 to the k".0 to be Lbe adivAWS deKnjed iA and who minuted the virile Zed foregoing instrummt. And acknowledged that they powd eke jamt as their ' -free and vahotary act and deed. for the uses and PurPosts thErfm mmtmm& die � ig 72 GIVEN under my band and odicial Mai this �71 as . ...... . ..... j16d'j'W Ae swe .1 W"kiftv.. t 'C sc-z--r FCR KlMr-;AY 'WPC i- 1z IN 11M MAIM C? Secadary State High -ay 3o. 1-1*, Bridge No. I-V/2 wri Detcur '-&d MV ALL MEN BY THE PMMM, That AMMW V. WGZff and &MM =GEN, LO for and In 0,agidgretion of the cm of Fifty and so/100 ($50.00) Dollars, zhs receipt vhcruc in hereby acknowledged, do hereby gnat end vurrmut unto the SMM Cr VASH,37=p the perpetmal ri&t, peredt, license and case -"at to U" and 0=47 tm hereinafter described lands for the purpose cf constructing and, maintainlUg.bIghway 8209" tu azcxvm- tion and/or mmbankmmffimt, said 'I-- being situated I. King County, -*tRtG or and, described as follows: All that Potion of the West 341" Of the Vast V-1f of the Soutbwast Cpmz-'—' of Section 5, Township 21 !forth, Hume 4 ZLst, VJ-;, lying Northerly of SecamdamT State 31sb"Y So• j.-V, and Somtharly of a line drwm pw-&UaL vita and 25 feet Nerther2y, --h— measured at right angles mrft, or radially, f.mm said 3orthar!7 right of vay line and extend Iag from gighvey ---4gLm"rI m Station 4+40 Scut3imstOr27 to A the Easterly line cf C=rW Road. AUW' all that portion IyiaB 3otjtbLer2_7 of Secondzr7 State Elgbvay No. I-V and 3mr :bftrl: l-n& drawn Parallel with and 15 feet Soutbarly, when mG-!su-vd at right —93* =War radially, fret said So-tA-rly rift of vaW line and axtamiLng fr= Inainear Is Statim 4-b35 3=tbweltarlY to tbA Easterly 'It of C=tY Road. The '*-A- bdIng released bersim contain an arm of 2. 14 SIMMS f2ct, no" or loses the gpecific detLL'Is Cv=ar'jng all of vhICA are to ta famd vithIm that carta= -wf or datinita location now 3f record and CU file '-J in the offlec of the MrOwtOr Or M*wu7m at M3wgda. J&d&1ngt=- imtruet tb '-Uts' 0: sd a A"hiMtt to pm7 the sati" Bouffidwatica t& Arnold -Amm, and tb&t the State Vcmchsr in pqmqnL thereof sLaU be wxmted ady by a&Ld Arnold Sam. She"t I Of 2 sheets 2 -37 Z I U `�X i. - tti ._ It being understood and alle-1 that tm the v"mt that the Gra-tors, their heirs, ffmc *mears or —34PS h- " excavate and/or place as, mL�•..id * upon tie area covered by this slope e*xwmdmC to tea lq"j of the grade of the above -mentioned, big me:7 abMMU - - I thgreon, all r:Labft of the Ormnte* berain iball cease and terminate. DAMthis 16+h day of 92M!b22 1960. Accepted and app., 9%= Or WASKOR72M t STATZ CW WASMOM D=tr or lies 1, the made:r*tpwmdj 4 Nbtar7 EabILL in --d for tba State of WSMAOM do h=,@b7 cw`t1f7 that = this :d1Ad&Y of :'W' Willy appeared before as ARM= 7. W-;]X and AaM'==, to us knom to be the ludiv I A --'I a described in and vbo ezecuted 00 foregPlAf lwtnmmt and ackucFw---,:,iz%1 mat they alawd and sealed tb@ 64614 GJI their -Pm aui vol=Um act and dead, for the vmw and yw,2m*c:m 'AkWQ12 mentioned. >Si:an order e4 bwA and affveal icLal last above witiall. Seattle molum afs SbAct 2 of 2 ghosts a JAN 10 Tm