Bui ADU ApprovalCOMMUNITY DEVELOPMENT DEPARTMENT 33325 8th Avenue South Federal Way, WA 98003-6325
253-835-7000
www.cityoffederalway.com
Jim Ferrell, Mayor
June 16, 2021
Toan Bui
31106 6th Avenue South
Federal Way, WA 98003
roses2vivi@yahoo.com
Re: File No. 21-100247-00-AU; ACCESSORY DWELLING UNIT LAND USE APPROVAL
Bui Accessory Dwelling Unit, 31106 6th Avenue South, Federal Way
Dear Toan Bui:
The Department of Community Development has completed a review of the Accessory Dwelling Unit
(ADU) application submitted to the city on February 24, 2021, and subsequent resubmittals from April 6,
April 26, and May 11, 2021. The ADU application is hereby approved according to the following findings of
fact and the conclusions based on those findings.
FINDINGS OF FACT
The following findings are based on site, elevation, and floor plans received with the ADU land use application.
1. Proposal – The applicant proposes to construct a 795 square foot detached ADU at 31106 6th Avenue
South, Federal Way (parcel number 082104 9178).
2. Zoning – The subject parcel is zoned Single-Family Residential (RS 7.2), is 20,544 square feet (0.47 -acre),
and comprised of two properties. The primary house and proposed ADU are located on a 14,754 square
foot flag lot. The other part of the property is 5,790 square feet and is physically separated from the main
part of the property. The proposal meets the minimum lot size requirement per Federal Way Revised Code
(FWRC) 19.200.180, Note 1.
3. Lot Coverage – The maximum lot coverage is 60 percent per FWRC 19.200.180, Note 2. The primary
house is located on a 14,754 square foot flag lot. According to FWRC 19.110.020(2)(a), the vehicular
access easement is not used or considered in determining compliance with the maximum lot coverage
requirements. The total lot coverage from the proposed ADU, existing sheds, deck, primary dwelling
unit, garage, driveway, and impervious front yard is 53 percent of the eligible area (5,820 square
feet/10,950 square foot property = .53), less than the 60 percent maximum lot coverage allowed. The
5,790 square foot detached portion of the property was not factored into this calculation.
4. Setbacks – The required yard setbacks are 20 feet from the front yard and 5 feet from the rear and side yards
per FWRC 19.200.180. The proposed location of the ADU is located behind the primary home and outside
of required yard setbacks.
Toan Bui
Page 2 of 3
June 16, 2021
21-100247-AU Doc ID 81414
5. Height – The maximum height is 30 feet above average building elevation per FWRC 19.200.180.
According to FWRC 19.265.010, accessory uses, buildings, or structures must be secondary to the
permitted principal uses, buildings, or structures. The proposed ADU is 17 feet 10 ⅛ inches in height,
less than the maximum allowed and less than the two-story primary house.
6. Floor Plan – The ADU size shall be between 300 – 800 square feet, and shall not exceed 40 percent of the
square footage of the primary dwelling unit, excluding any garage, workshop, and similar nonliving areas
per FWRC 19.200.180, Note 9. The total square footage of the proposed ADU living area is 795 square
feet. The primary dwelling unit is 2558 square feet of livable area. The proposed ADU area is 31 percent
of the primary home (795/2558 = .31) and is less than the maximum allowable size.
7. Parking – According to FWRC 19.200.180, one on-site parking space for the ADU is required. The site
plan depicts an existing two-car attached garage and concrete driveway. As such, there is a sufficient
amount of parking for the primary home and ADU.
8. Water & Septic – The applicant proposes to serve the ADU with public water and sewer. The Lakehaven
Water & Sewer District Water Certificate of Availability was issued on January 28, 2021. The existing ten-inch
diameter water main onsite can serve the proposed ADU; a Water Service Connection Permit is required.
The Lakehaven Water & Sewer District Sewer Certificate of Availability was issued on January 28, 2021.
9. Owner Occupancy – According to FWRC 19.200.180, Notes 8 & 11, the applicant has submitted a signed
letter of application and deed restriction stating the owner shall occupy one of the two dwelling units as a
permanent residence for six months or more of the calendar year. The owner will occupy the primary
dwelling unit. As a condition of land use approval, the applicant will be required to record the Letter of
Application and Deed Restriction with King County and provide a copy of the recorded document to the city.
CONCLUSIONS
The following conclusions are based on the above findings of fact.
1. The proposal is consistent with policies of the Federal Way Comprehensive Plan.
2. The proposal meets density, square footage, parking, occupancy, and dimensional requirements of the
ADU Use Zone Chart within FWRC 19.200.180.
3. The ADU is subordinate and incidental in size, scale, and design of the primary dwelling unit; and the
appearance remains that of a single-family residence.
BUILDING PERMIT REQUIRED
This ADU land-use decision does not constitute building permit approval. The ADU will require a building
permit before construction. Please contact the Permit Center at permitcenter@cityoffederalway.com or 253-
835-2607 regarding building permits.
CONDITION OF APPROVAL
1. Before issuance of the building permit for the ADU, the applicant shall record the Letter of Application
& Deed Restriction with the King County Recorder’s Office and return a copy to the city using the
enclosed Resubmittal Form.
Toan Bui
Page 3 of 3
June 16, 2021
21-100247-AU Doc ID 81414
CLOSING
This administrative ADU decision does not waive compliance with future City of Federal Way codes, policies,
and standards relating to this development. If you have any questions regarding this decision, please contact
Associate Planner Chaney Skadsen at 256-569-1772 or chaney.skadsen@cityoffederalway.com.
Sincerely,
Digitally Signed June 16, 2021, at 12:36 PM
Brian Davis
Community Development Director
enc: Approved Site Plan
Approved Elevation Drawings; Northwest Home Designing, Inc.
Resubmittal Form
c: Chaney Skadsen, Associate Planner
Greg Kirk, Plans Examiner