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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. 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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 ! 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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.