07-105038CITY OF CITY HALL
�. 33325 8th Avenue South
Federal Way
Mailing Address: PO Box 9718
Federal Way, WA 98063-9718
(253) 835-7000
www.cityoffederalway.com
November 1, 2007
Mr. Gerald Prior
Waterfront Construction Inc
205 Northlake Way, Suite 230
Seattle, WA 98105
Re: Permit #07-105038-00-SH; SEPA EXEMPTION
Dapp; 3112 SW 300`b Place, Federal Way
Dear Mr. Prior:
This letter responds to your request for a shoreline exemption for repair of an existing damaged
rail boat launching system. You have also asked for a determination as to consistency with regard
to Federal Way City Code (FWCC) Section 18-175, reconstruction of nonconforming structures.
Lastly, you have requested a determination as to whether this activity is exempt from State
Environmental Policy Act (SEPA) review, and determination of applicable fees and submittals
required for a complete application.
Shoreline Substantial Development Permit Exemption
Washington Administrative Code (WAC)173-27-040 identifies actions exempt from the
requirement to obtain a shoreline substantial development permit. WAC 173-27-040(2)(b)
exempts, "normal maintenance and repair." Subsection 040(b)(2) goes on to state that normal
maintenance and repair means to restore a development to a state comparable to its original
condition, including but not limited to its size, shape, configuration, location, and external
appearance, within a reasonable period after decay or partial destruction, except where repair
causes substantial adverse effects to shoreline resource or environment. The definition also
includes replacement where, "...replacement of a structure is the common method of repair of
such structure." You have indicated that the damage occurred during the winter storms of 2007,
which is within a reasonable period of your inquiry to repair the damage. There is no evidence
that this activity will result in substantial adverse impacts to shoreline resources or environments,
but full evaluation of this issue will be conducted under SEPA review (see below). Assuming
SEPA review demonstrates no adverse impact; repair of this launching rail would be considered
an exempt action and would not require a shoreline substantial development permit.
State Environmental Policy Act Exemption
WAC 173-11-800 identifies actions that are exempt from SEPA review. Subsection 3 exempts
repair, remodeling, and maintenance under specific circumstances. Repair, remodeling,
maintenance, and minor alteration is considered exempt, except on lands covered by waters, in
File N07-105038-00-SH Doc- I.D. 42540
Mr. Gerald Prior
Page 2
November 1, 2007
which case only minor repair or replacement is exempt. The question then becomes, does the
proposed repair/replacement constitute "minor repair"? Given that the proposed action involves
replacement of a large section of rails, including new fixtures with a cost of $38,000 plus, it does
not appear "minor" in nature. It is the city's position that this action does not constitute a "minor"
repair/replacement and therefore, is not exempt from SEPA review.
Consistency with Nonconforming Regulations of FWCC Section 18-175
FWCC Section 18-175 states that a structure not conforming to existing regulations (due to length
and depth of rails) that is damaged more than 75 percent of its fair market value may be
reconstructed only consistent with current code requirements. The estimated fair market value for
this structure is $127,000.00 (based on estimate of current replacement cost). The submitted
analysis estimates the value of the existing structure at $32,400.00 (approximate cost to replace
existing concrete foundation piers, which are proposed to be re -used and thus are equal to the
value of their replacement cost). Based on the foregoing analysis, approximately 74 percent of the
structure's value has been destroyed. Therefore, the structure is not required to be re -constructed
in conformance with current code requirements, although the preliminary plans do appear
consistent with current code requirements with regard to length and depth of structure.
Based on the foregoing analysis, required permits/approvals would include a shoreline exemption
and SEPA environmental checklist. A building permit is not required. The shoreline exemption
will be issued following SEPA environmental review, provided it can be demonstrated that the
project will not result in substantial adverse impacts to shoreline resources or environments,
pursuant to the exemption language of WAC 173-040(2)(b). The 2007 SEPA review fee is
$1,602.50. The shoreline exemption fee is $83.00. Required submittals include a completed
master land use application and environmental checklist; stamped envelopes and mailing labels
for property owners within 300 feet of the site (see enclosed handout); site plan; and elevation or
cross section drawings.
The above information is based on current shoreline regulations. The city is in the process of
updating our Shoreline Master Program, which may result in changes to those regulations.
Changes will likely go into effect in the spring or summer of 2008. Please feel free to contact me
at (253) 835-2643, or isaac.conlen ci offederalwa .cam, if you have any questions.
Sincerely
Isaac Conlen
Senior Planner
Enc: Master Land Use Application
Mailing Label Handout
SEPA Checklist
File #07-105038-00-SH Doc 1 D. 42540
Page 1 of 2
Isaac Conlen - RE: Dapp Shoreline Exemption - Marine Rail
r tg�__- .—
From: "Gerald" <Gerald@waterfrontconstruction.com>
To: "Isaac Conlen" <Isaac. Conlen@cityoffederalway. com>
Date: 10/4/2007 11:38 AM
Subject: RE: Dapp Shoreline Exemption - Marine Rail
Isaac,
In response to your issues needing clarification on the marine rail replacement:
1) According to the notes in my file from interviewing the property owner, Ray Dapp, the damage that
rendered the launching rails unusable occurred during storm event(s) in January of 2007.
2) In order to address the requirements of FWCC 18-175, I've attempted to break the project into
component parts and make some assumptions regarding construction techniques. Our designer's
estimate of $38,400 covers the fabrication and replacement of rails, connectors and steel framework for
65' of rail replacement. To support this rail assembly, foundations or piers need to be fixed in the
beach. The existing facility has six concrete pedestals to support the rail. An alternative support
system for the rail assembly would be the driving of small diameter coated steel piles, two needed per
support pedestal. Our estimate for the driving of these piles is $1,800 per pile driven or $21,600 for all
six support locations. Add the $21,600 for the value of the supports to the $38,400 for the rails and
connectors for a total facility replacement value of $60,000. The project proposes to re -use the existing
supports; we'll therefore assume their value to be approximately 37% and the value of the rail assembly
being replaced, to be approximately 63% of the total facility.
...Gerry
From: Isaac Conlen [mailto:Isaac.Conlen@cityoffederalway.com]
Sent: Tuesday, September 25, 2007 5:20 PM
To: Gerald
Subject: Re: Dapp Shoreline Exemption - Marine Rail
Hi Gerald,
I've drafted up a response to your letter, but I need clarification on a couple issues.
First, the relevant exemption for substantial development permit in WAC 173-27-040, indicates that the
repair/replacement must occur within a reasonable time from when the damage occurred. Please address this
issue.
Second, I don't believe the submitted analysis regarding non conformance and 75% value is correct. The fair
market value at $92,000 plus tax is OK. The replacement value of $38,400 I don't believe is relevant. What's
relevant pursuant to FWCC 18-175 is the current value of the damaged structure. If more than 75% of the fair
market value of the undamaged structure is now gone, then reconstruction must be in conformance with
current code requirements. This is a pretty tough standard in the case at hand. Does this make sense? If not
call me.
Once I have the information requested above I can complete my analysis. I plan on routing my letter to our
legal staff to get some feedback on some of these issues, which become sort -of technical depending on the
different paths this may take. let me know if you have questions. (253) 835-2643.
Isaac
file://CADocuments and Settings\default\Local Settings\TempWgrpwise\4704DOD3CHP... 10/5/2007
Page 2 of 2
>>> "Gerald" <Gerald@waterfrontconstruction.com> 9/20/2007 11:00 AM >>>
Isaac,
A few weeks ago, I sent a letter to your attention, requesting a formal determination of that Mr. Dapp's proposed
repair of his marine rail boat launch facility qualifies for an exemption under the Shoreline Code. Did you in fact
get the letter? If so, is it in the que to be reviewed by staff of does the City have a formal pre -application process
that it need to go through? Please give me an update.
Thanks,
Gerry
Gerald C. Prior
Permit Coordinator
Waterfront Construction, Inc.
205 NE Northlake Way
Suite 230
Seattle, WA 98105
(206) 548-9800
Fax (206) 548-1022
file://C:\Documents and Settings\default\Local Settings\Temp\XPgrpwise\4704DOD3CHP... 10/5/2007
o
o•
PUGET SOUND f 0
f COMMUNITY BEACH
\ (LAKDTA #2)
X �
P L
lb
EXISTING RAILS
\PL
I1Q'-9' • .�'�
\ I 153 \,L
V /
\65' OF EXISTING RAILS EXISTING
I TO BE REPAIRED f BOATSHED
\P L
11'-2.
\ \ 4.
AL 1O S
I 61
PAT LETTENMAI Q
3168 SW 30DT11 P CE X'
EXISTING DERAIL WAY.
WA 9 023op
I BOATSHED
I P L
JOB SITE ,ST qL
RAY DAPP F
S 112 SW 300TH PLAC
FF,DERAL WAY, WA 98023
P\ L \ 41
Vp &] ^]p
g• I
R
� p =
�DAVID DI,JPR> E & LYN DUEL
3120 SW 302NA PLACE
FEDERAL WAY, WA 980
PLOT PLAN \
200 10' 0' 40'
SCALE: 1„, I I REFERENCE :
•,�ilr
h,S
z (oas
DO
ON
1W
zc0
O
G'
v
cn
�I
O O
l
lr., ,Lti
V rn
rn
o
r (o
r
I
r (D
p
m w
/�4:�•
Ci
v D
>r
�.,
m �
00
7!•.-".
m
• 0
-
Ci
l .
m
c
� O
=pm
.;Qmzx m
K: -i o
D El z ,
z Om G) =xm
,11
lumoo
a
11 66
Owl'
12
'm
ox
_-i
mz
00
o
_co
1
1
0
O
� z
0
o�
mm
mmm u
x m
cor- mo
rm*mzz xm
O(f)0 MD
D
m
m0
00
i�
f
� II
o� o m
I
u
5 m�—
' O
Zrc
y o
0m rn
D O µ
};
O
C.
I .
`I
r
l
II
1`
1
O�
8
O
m
O
➢_
mr
U) 0
n 0
D 0O
D (/)
m M
mm
0 m
11- �
o
�o
r
oz
c)
<
mEl
m
m
m
A m
rOm
D C/)
ZO=�
m�z
o in c)
_ 0
MNVJ
W
_c
Nc
=rr,om
mD��,
o�
DO
ZOMC) D
Mmx
o z
>
MN�Vd
zoc�
_
rn
j1
I
X
U)
1
L7
n
O
CO Z
r
oO
�
O
m
m0
m�
D D
m--I
00
i
O rn
Z X
om u'
0
1 =
0co Z
�o
M
li
-0 1
_ . �.
. F�' iiw Sri
OL
r� tip' • '• " �f ,l . .• ,� � �. ', .� 9�'� t }f ;3 „S . �. j� •j •�'{ �� F��:� lj.,.,f �+s�,.,
�� - •. • �Y,• � t "� -'.} � v.�} �K _ �r MJYrf'y _ •+ ,�, ��' r , � �`•�r�/►a` � F ! �t
�''j'R'•�ti � •"4Ff ��V�•� in'��'.�� " r•+srY���7+'f 'i"�' Y!.,�iTr—; ����� ���. �ylY'+-r. � '�
y� *fix' ; • _'i
rtr.-
- 33
►lJL �'" �� A RV bw y
1p
ir
pe
ilk
�' -
•� �A � ;
�.ti:. yam' _ •.., �door
I
• � f
.- !fie _� -_ -Y •�S - ... if 1.�- + -
-,OW • d :�
r
z
Park.
i'nml 4
e 1'lrk
VICINITY MAP/NO SCALE
LEGAL DESCRIPTION
1/4 SEC: SW 1-21N-3E
TAXLOT #: 416710 0330
9-10 12 LAKOTA # 2 & POR VAC ST VALUE
OF EACH LOT INCL AN UND INT IN COMMUNITY
PROP
LAT: 47' 19' 56"
LONG: —122' 22' 28"
�`Ij
VASHON � _
ISLAND (� _ — _ DES MOINES
—
MAURY _ — — — — —
i ISLAND
= _ 509
r-PUGET-
^SOUND -- —
J O B FEDERAL
S ITE WAY
r
16 )-, J FIFE
18
AREA MAP/ NOT TO SCALE I
PROJECT DESIGNED BY:
Waterfront Construction Inc,
205 NE NORTHLAKE WAY, Suite 230
SEATTLE, WA. 98105 (206) 548-9800
PURPOSE:?
PROJECT NAME:
DAPP
PROPOSED:REPAIR EXISTING RAILS
IN: PUGET SOUND
DATUM: C.O.E. 0.0' EST 1919
ADJACENT OWNERS:
PAT LE17ENMAIER
FEDERAL WAY, WA 98023
12 3108 SW 300TH PLACE
DAVID DUPREE & LYN OUELLETT
3120 SW 302ND PLACE
FEDERAL WAY, WA 98023
REFERENCE #:
SITE LOCATION ADDRESS:
3112 SW 300TH PLACE
FEDERAL WAY, WA 98023
NEAR: FEDERAL WAY
COUNTY: KING STATE: WASHINGTON
APPL BY:RAY DAPP
SHEET: 1 OF: 7 JDAM 06-27-07
WG#: 07-35066.A-1.1
Y
� Tr
PUGET SOUND
X
10'-1"
/ I
P L /
/ P
/ 153': L
V
/\65' OF EXISTING RAILS
/ TO BE REPAIRED
/
/
/
\ I/
EXISTING RAILS
\
rEXISTING
BOATSHED
PV
LETTENMA
W 300TH
WAY, WA
L
a,
JOB SRE
RAY DAPP
112 SW 300TH PLAC
FF\DERAL WAY, WA 9BD2
P\L \ �
h o
FOAVID DUPREE & LYN OUEL 14�
3120 SW 302NO PLACE moo
FEDERAL WAY, WA 980
PLOT PLAN
40' 30' 20' 10' 0' 40'
SCALE: 1 "=40' I Inl
........ ------
tir`vr�Y oo pN �W zm
0' J J I o N o 0
i /�•%' N
m O
mM
�t�tiYY1l,( r m m
mzz
m cn
mom
m X
D
Ln
W
D Z
f f
N i f li
D\rC
Z <
%+f \ mm
X
m z 0
r v
MN
D m
m
�Ov n r� ti.� n�.
m X rm r r Om
ro W v m� `�'f4f % m Z
.i c m
J 2 x
\f i
Z
-n ci
G7 . m
m D \f f f Om
U.D},y mn
D
1
i�
x x m
x 1
6,F
ono, "1 C o ono
hrr` r;1 M `z I 1
OFF
O ;u O
tiJ N i M O !
O Diµ �J
N
\f� mo x
1 �J\ a .
m z
D O
00 h I
rtJ`yf\, omm mZ
ri
h
�\ x Eli
m
f~� UD
O
m O�%\�. I
II cn \ OO O
in >(n m
mm
I
p
0
Om m m a
` a x O r
_
v fnZ -u D;u
O _p4- M DZ ti � Om
c m D m y
LL _ � MNNW
O D �.. r, t, L, mmZ
v :O O \ • _
ow
J Z m
o D En J\` m
w lr�� \:r\� : a x
i-
°' my czi
f
km
2
\ � mo o
�
\�20
0
�m
R -
\ �GQ
?g @� ?MG
i\
n
x
§GR b
# >mx
)f I&§
§ 2
�El
mi
r C:
/ t@2
m
0 0
�
j
mM-jn
0
<?O
Ci 2
2
2
Mm
m
ul
x
M}
0)
=
x
i
n§
=om
&Q5
� Mf
�_
]
ij
§/§
�;u
5 /
z
R
)
~ .
r-
q 6
Com
/
[
n
o m
\'XE
z I m
off%
O_
§� /
.
in>
0 OM 0
Q
\ � �
� q
/
5 -0 k-;
n
Ni < k
0
q -
i 2
/
$G
m�
2
m K
0
j
\
§
G
&
X>mx
to
\()E
\
=nm
> §/§
\/
amM� >
GG k
�)�
�Fri k�
m
_
\
'.
w
�
4"X12'Y" PI ATF WITH
316"
0
CE
CHANNEL
3"X2'%6" ANGLE
YX211s" ANGLE SECTION VIEW (TYP)
SCALE: 1-1 /2 "=1 '
C6X10.5 STRUCTURAL
CHANNEL
3"X2'%6" ANGLE
3"X6"XY4" EAR
4"X12'%" PLATE
YX2"Ns" ANGLE TOP VIEW
SCALE: 1-1 /2"=1 '
C6X10.5 STRUCTURAL
CHANNEL
,�- YX2''As' ANGLE
gib" o
4"X12'Ya" PLATE
3"X6"XY4" EAR
YX211s" ANGLE SIDE VIEW
1' 8" 6" 3" 0' 1'
SCALE: 1-1 /2"=1 '
REFERENCE :
APPLICANT:RAY DAPP
PROPOSED:REPAIR EXISTING RAILS
NEAR/AT: PUGET SOUND/FEDERAL WAY
SHEET:6 OF:7
DATE: 06-27-07 DWG : 07-35066.A-6.1
D � �
m
r �
CD ON L'
II rn I)
C
w m
� lII
C
m
0
0
z
z
m
3e X
0
Z 9
N
• m
0
Z
Z
m
r
" 0
D
r
m -D
n =z � vm I
o o :{7 N
mZz II 0
I m m r�i I
{ z Z
o m
p X -u
C fn 0 n•- 9
v O Z X
O \ X W
m O
m y N
J r Ln 2
D
I
c"on m m
m
D
I
RECEIVED BY
COMMUN[TY DEVELOPMENT (DEPARTMENT
AUG 3 0 DON
#D-4 07- 165039
WA'TERFR�NT
August 24, 2007
City of Federal Way
Community Development Services Department
P.O. Box 9718
Federal Way, WA 98063-9718
Attn.: Isaac Conlen
Ref. Parcel No.: 416710 0330
RE: Request for Shoreline Substantial Development Exemption
Raymond Dapp
3112 SW 300'b Pl.
As agent for Mr. Raymond Dapp, owner of the above residence, I am requesting a
determination of qualification for an exemption to Shoreline Development Permit
requirements and SEPA review for the repair of his existing marine rail boat launching
facility.
The subject proposal complies with FWCC 18-175 "Alteration or reconstruction of
nonconforming use or development" in that the repair 1) will not make the use or
development more non -conforming and 2) the damage to be reconstructed is less than
75% of its fair market value (see attached justification) and will be consistent with
regulations set for forth in applicable FWCC.
The FWCC identifies criteria for the location of "launching ramps and lift stations":
No portion of a launching ramp or lift station shall be placed more than 60 feet
waterward of the ordinary high water mark — the portion of the rail system proposed
for repair is secured to the beach by an initial concrete pier located at MHHW and
extends approximately 55' where it descends from the last (or sixth) concrete pier. (see
attached "Existing Detail View")
• 205 NE Northlake Way, Suite 230, Seattle, WA 98105 •
9 Ph:206-548-9800 • Fax:206-548-1022 •
All portions of a launching ramp or lift station shall be placed at a depth not to
exceed eight feet below the ordinary high water mark — the portion of the rail system
proposed for repair begins at the mean higher high water mark ("MHHW") of
approximately 12' and descends to an elevation of approximately 7', a difference of 5'.
(see attached "Existing Detail View")
Launching rails or ramps shall be anchored to the ground through the use of tie -
type construction — the replacement rails will be anchored to the beach by being
bolted ("tied") to existing concrete support piers. (see attached "Proposed Detail &
Elevation Views')
No more than one launching rail per single—family residence is permitted — the
proposal is the only launching rail serving the Dapp residence. (see attached "Plot
Plan")
Enclosed for your consideration are the following documents and plans:
■ Calculation of Fair Market Value
Site design drawings, plans and elevations
"Draft" SEPA Environmental Checklist
• Representative photographs
This "maintenance and repair" qualifies for Shoreline SDP Exemption under WAC 173-
27-040 (2) (b) and SEPA exemption under WAC 197-11-800-3.
Please confirm that this proposal qualifies for the requested exemption, fees associated
with the review of the proposal and submittals required for a complete application.
Should you have any questions or require additional information, please call me at (206)
548-9800. You may also contact me via email at erald waterfrontconstruction.com.
Sincerely,
Gerald . Prior
Permit Coordinator
Enclosures
• 205 NE Northlake Way, Suite 230, Seattle, WA 98105
9 Ph:206-548-9800 9 Fax:206-548-1022 •
8/24/2007
DAPP MARINE RAIL REPAIR PROJECT
CALCULATION OF FAIR MARKET VALUE
Reconstruction of Nonconforming Use
The Federal Way Code defines this marine rail facility as non -conforming and as
such, only allows the Owner of such facility to make modifications that will make
the facility less nonconforming and will not allow use to become more non -
confirming. A use or development, not conforming to existing regulations, which
is destroyed, deteriorated, or damaged more than 75% percent of its market
value may be reconstructed only consistent with regulations set forth in the Code.
Facility Description
The Dapp residential marine rail boat launch facility has suffered damage due
severe winter wave activity and in its current state is unusable by the property
owner. The facility consists of 153 feet of parallel steel rails, three-foot wide,
that extend from the top of the bulkhead to a point beyond the Mean Low Water
line ("MLW").
The engineer's estimate to replace the 153-feet of rail and its supports is
approximately $92,000 plus tax. The Applicant is proposing to replace a portion
of the rails, which incurred the most severe damage during recent storm events.
The proposed project is to attach new steel support structures onto the six (6)
existing concrete foundation piers and replace the two steel guide rails (3-foot
gauge) that extend 65-feet out across the beach from the top of the existing
concrete bulkhead wall.
The engineers estimate for this portion of the work is approximately $38,400 plus
tax. The value of the near shore improvements to the rail system is therefore just
over 40% of the value of the total facility. This improvement will allow the
Applicant to resume launching his boat as before.