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00-105480CITY OF G OEM CITY HALL 33530 1 st Way South PO Box 9718 (November 17, 2000 Mr. Richard Guggenbickler 5113 Pacific Highway S Fife, WA 98424 RE: Permit #00-105480-000-00-SM; GUGGENBICKLER 368XX 6th Avenue SW; Right of Way Modification Dear Mr. Guggenbickler: (253) 661-4000 Federal Way, WA 98063-9718 This letter responds to your request to waive the required street improvements along 6th Avenue SW and SW 3691h Street associated with your proposed development. After evaluating the existing conditions along 61h Avenue SW and SW 369th Street, review of Federal Way City Code (FWCC) provisions (Sections 22-1496, 22-1477 and 22-1524), and the direction provided by the City Council, the Public Works Department hereby modifies the requirements for street improvements applicable to your permit application, as discussed below. FWCC Section 22-1477 Modification of Improvements Along Property Frontage: This code section allows the Public Works Director to grant a request to modify, defer, or waive the required street improvements only after consideration of four specific reasons. The reason most applicable here is contained in FWCC 22-1477: (1) Improvement as required would not be harmonious with existing street improvements. The access road is classified as a local access street corresponding to Federal Way Roadway Section "V." This roadway section requires a 24-foot-wide paved street with an eight -foot ditch section, a five-foot concrete sidewalk, and a three-foot utility strip all within a 56-foot right of way. Application of the required street improvements would result in an improved roadway section that is not harmonious with existing street improvements, which consist of twelve -foot gravel roads and no sidewalks, within an 80-foot right of way. As a result, t e required street improvements are modified to include constructing 6th Avenue SW and S Street along your frontage to a 20-foot paved road, a ditch section sized to convey the 25-year storm, a five-foot gravel walk, and a three-foot utility strip centered within the 80-foot right of way. A professional engineer registered in the State of Washington must design road improvements. In addition to the above, the applicant is required to execute a "No Protest" Local Improvement District (LID) covenant in the event that a future LID is formed to make street improvements. A copy of the LID agreement will be prepared for the owner's signature and must be notarized and returned to the City with a $9.00 check for recording fees made payable to King County Records and Elections, prior to issuance of a building permit. The conditions of this right of way modification will be applicable for one year from the date of this letter. If a building permit is not issued within the one-year time limit, the right of way modification will be void and a new request for modification must be submitted. If you have any questions, call Jim Femling, Senior Engineering Plans Reviewer, at (253) 661-4196. Sincerely, Ken Miller, P.E. Deputy Public Works Director KM/JF:jlf cc T Ward, Development Services Manager roject File (JF) Day File 1:\csdc\docs\save\09733 860. doc DO.- <os`gffo - 490-.s November 7, 2000 City of Federal Way Public Works Department 33530 First Way South P.O. Box 9718 Federal Way, WA. 98063-9718 Phone 253-661-4000 Fax 1-253-661-4129 West Coast Financial Services Inc. 5113 Pacific Hwy East Fife, WA. 98424 Phone 1-253-926-1221 Fax 1-253-926-3659 Rep: Richard Guggenbickler This is a request for a review on lot located at 368XX 6TH Ave. SW, Tax Lot # a 18920 - See map included. The review request is for RIGHT -OF -WAY -IMPROVEMENT -MODIFICATION, if required Based on existing RIGHT-OF-WAY, or changes required by ARTICLE XVI Improvements. #1 The improvement as required would not be harmonious with existing street improvements, would not function properly or safely or would not be advantageous to the neighborhood or City as a whole. Thank You: Richard Guggenbickler asEE �� MAP 774 x } i - bkf Sr Z. 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