03-103061 ` CITY OF CITY HALL
Fe d e ra I Way 33530 1st Way O•South Box 9718
Federal Way,WA -9
(253)661-4000
www.cityoffederalway.corn
August 18, 2003
Mark Cozart ritiOI
5014 22"d Avenue NE
Tacoma, WA 98422
RE: File No: 03-103061-000-00-AD; Reply to Inquiry
5134 SW 311th Place, Federal Way
Dear Mr. Cozart:
On July 24, 2003, the City of Federal Way Department of Community Development Services received your
request for information related to a proposal to do necessary maintenance and repair to a 609 square
foot beach cabin and retaining wall located on tax parcel number 321020 0171. The property in question
is zoned Single-family residential (RS15.0). The beach cabin, which you propose to restore, appears to
be located within 200 feet of the Ordinary High Water Mark(OHWM). The property in question is
considered nonconforming in that a single-family residence located on the adjacent property straddles
the property line of the subject property. The following is an analysis of the issues related to your
proposal. Please be aware that this analysis is preliminary in nature, given the limited information
provided in the inquiry. Further review by the City will be required as part of any formal proposal.
Shoreline Jurisdiction Area—The beach cabin in question appears to be within 200 feet of the
Ordinary High Water Mark(OHWM) of Puget Sound and, as such, is subject to the Washington State
Shoreline Management Act, Federal Way Shoreline Master Program (SMP), and applicable Federal Way
shoreline regulations. Pursuant to Washington Administrative Code(WAC) 173-27-040(2)(g), construction
on shorelands by an owner of a single-family residence for their own use or for the use of their family, is
exempt from State shoreline substantial development permit requirements. While the beach cabin is
exempt from a substantial development permit, your proposal is nonetheless subject to all requirements
of the Federal Way City Code(FWCC), as identified below.
Stringilne and OHWM Setbacks— Pursuant to FWCC Section 18-165(d)(3), single-family residential
development shall maintain a minimum setback behind the stringline setback, or 50 feet from the OHWM,
whichever is greater. For your information, "stringline setback"is defined as a straight line drawn
between the points on the primary buildings having the greatest projection waterward on the two
adjacent properties. In the case of the property in question, the primary buildings on the two adjacent
properties are well outside of the shoreline jurisdiction area, which is the area within 200 feet of the
OHWM. As such, the stringline setback does not apply to the beach cabin.
While the stringline setback does not apply to this structure, the requirement that the structure be
located a minimum of 50 feet from the OHWM does apply. Based on staff field inspection, it appears that
the structure is likely within the 50 foot OHWM setback. If this were, in fact, the case, then the structure
would be considered legally nonconforming as to shoreline setback. Any proposal for this property will
require a survey showing the OWHM. See also Geologically Hazardous Areas, below.
Nonconforming structures—Pursuant to FWCC Section 18-175, applications for building permits to
modify a nonconforming use or development may be approved if:
Doc.I.D.#24199
1) The modifications will make the use or development less nonconforming; or
2) The modifications will not make the use or development more nonconforming.
In addition, a nonconforming development, which is destroyed, deteriorated, or damaged more than 75
percent of its fair market value, may be reconstructed only consistent with regulation set forth in the
Shoreline chapter of the FWCC.
The proposal you have described in your inquiry would not increase the gross floor area of the structure,
nor its height. As such, the repairs would not be considered as making the development more
nonconforming. However, it is necessary to determine whether the structure is deteriorated more than
75 percent of its fair market value. In order to make this determination, you must submit to the City the
following:
1) An appraisal, from a source acceptable to the City, of the fair market value of the
structure.
2) An itemized fair market valuation of the proposed repairs.
The City will make an assessment of this submitted information. If the nonconforming structure is not
deteriorated or damaged more than 75 percent of its fair market value, then it can be reconstructed after
obtaining the necessary building permits. If the required valuations indicate that the structure is
deteriorated or damaged more than 75 percent of its fair market value, then you would be required to
obtain a Shoreline Variance in order to rebuild the structure.
Shoreline Variance—Pursuant to FWCC Section 18-171, the purpose of a shoreline variance is to grant
relief to specific performance standards set forth in the shoreline master program, and where there is an
extraordinary or unique circumstance relating to the property such that the strict implementation of the
shoreline master program would impose unnecessary hardship on the applicant or thwart the policies of
the Shoreline Management Act. A variance from the standards of the master program may be granted
only when the applicant can demonstrate that all of the criteria identified in FWCC Section 18-171(c)(1-7)
are met. Please refer to the enclosed code section for specific information. If you intend to pursue a
shoreline variance, then a preapplication meeting application and conference must be completed prior to
initiation of the shoreline variance process. Shoreline variances are reviewed under Process IV, Hearing
Examiner's Decision, and require a public hearing. The final decision on a shoreline variance request is
issued by the Department of Ecology. The fee for applying for a shoreline variance is $3,614.50. It is
not possible at this time to indicate whether the City would or would not support a variance request for
the proposal.
Accessory Dwelling Unit—Another issue related to the project involves the status of the beach
cottage as a possible second dwelling unit within a single-family zoning district. During a site visit, the
owner produced a survey of the subject property showing that the beach cottage is actually on the
northeasterly lot, where it has historically stood as the primary residence. A second residence is located
on the southwesterly lot, (tax lot number 321020 0165). While the subject property is nonconforming in
that the garage addition straddles the common property line, the beach cottage is not required to meet
ADU standards, pursuant to FWCC Section 22-648, in that it is, in fact, a principal residence on tax lot
number 321020 0171.
Existing Nonconformances of Residential structures—A final issue related to this property
concerns the single family dwelling unit located on the parcel to the southwest of the beach cabin lot.
This dwelling unit apparently straddles the coterminous property line. You indicated in your letter that it
is your understanding that the lots were"combined"in September 2001 during a previous remodel.
Please be advised that the City has no record that a lot line elimination has occurred on this property,
and the primary dwelling unit is still located on top of a property line, which renders the structure
Doc.I.D.#24199
nonconforming as to required side yard setbacks. While the King County Assessor's office has combined
the tax lots under a single parcel number(321020 0165), two legal lots of record currently remain.
The nonconformance of this single-family dwelling unit would become an issue if the proposed cabin
restoration triggers compliance under FWCC Section 22-335(6), which states that doing any work, other
than normal maintenance' or other than tenant improvements2, 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, then the applicant
shall meet all development regulations applicable to the property. Based on the preliminary description
of the proposed work, it would appear that the project meets the definition of"normal maintenance",
(i.e., repairing the roof, replacing portions of the wall, repairing the foundation).
If the project exceeds the definition of"normal maintenance or tenant improvement", then it would
require that the property owner either obtain a Lot Line Elimination (LLE) in order to bring the primary
structure into compliance with required side-yard setbacks (five feet from each side property line), or to
complete a Boundary Line Adjustment(BLA) to relocate the internal property line so that the side
setbacks are satisfied .If you should choose to pursue an LLE, please be aware that the beach cabin
would be required to be registered as an ADU.The fee for an LLE is $144.00; a handout on applying for
an LLE is enclosed. The fee for a Boundary Line Adjustment is $1,193.50; a handout on applying for a
BLA is likewise enclosed.
In addition, it appears that the beach cabin may be located within 5-feet of the adjacent property to the
north. If this is the case, the beach cabin itself would be considered nonconforming as to setback, as
established in FWCC Section 22-631,and again subject to FWCC Section 22-335(6). An analysis of the
proposed work would need to verify that the thresholds of this code section are not exceeded, or the
project would require that the beach cabin be relocated outside of the five-foot side yard setback.
Geologically Hazardous Area and State Environmental Policy Act(SEPA)—The project area is
within 25 feet of a geologically hazardous area(GHA),3 which, pursuant to FWCC Section 22-1223, is
considered to be an environmentally sensitive area. However, pursuant to Washington Administrative
Code(WAC) 197-11-800(3), repair, remodeling and maintenance activities are categorically exempt from
review under SEPA, when the project does not involve material expansion or a change of use. The
project is, nonetheless, subject to regulation under FWCC Section 22-1286, "Geologically Hazardous
Areas Development."Pursuant to this code section, before approving any development activity or land
surface modification, the City will require the applicant to submit the following information relative to the
proposed retaining wall repair and foundation work:
a) A soils report prepared by a qualified professional engineer licensed in the state that
describes how the development will impact slope stability, landslide hazard, and
sloughing on the subject property and nearby properties.
b) Recommended foundation design.
c) Recommended methods for mitigating identified impacts and a description of how these
mitigating measures may impact adjacent properties.
' Normal Maintenance is defined as including interior and exterior repairs and incidental alterations. Normal maintenance and repair
may include,but is not limited to,paining, roof repair and replacement,plumbing,wiring and electrical systems,mechanical
equipment replacement and weatherization. Incidental alterations may include construction of nonbearing walls or partitions.
2 Tenant Improvement means any work, improvement or remodeling completely within the interior of a building necessary to meet
the varied requirements of continuing or succeeding tenants.
3 A GHA includes the following areas: 1)erosion hazard areas; 2)landslide hazard areas;3)seismic hazard areas; and 4)steep
slope hazard areas,which are those areas with a sloe of 40 percent or greater and with a vertical relief of 10 or more feet for every
25 feet of horizontal distance.
Doc.I.D.#24199
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.
The required geotechnical report must address the impacts of the work that has been done as well
as any measures that may be required to mitigate the effects of the unauthorized work. The report
must also identify the impacts of the corrective action and any required mitigation.
In order for the City to provide specific information related to the required process for restoring the
beach cabin, please submit the above-identified information to the City for further analysis. If you have
any questions, please feel free to contact me at (253) 661-4120.
Sincerely,
44„.t.
Jane Gamble
Associate Planner
C: Scott Sproul, Plans Examiner
Jim Harris,Senior Planner
Enclosures
Doc.I.D.#24199
� 3- ID 0Co l - D0—
RECEIVED
Mr. Greg Fewins
Deputy Director,Community Development Services Department JUL
33530 1st Way South £003
PO Box 9718 CITY OF FEDERAL WAY
Federal Way,WA 98063-9718 BUILDING DEPT.
July 16,2003
Dear Mr. Fewins,
The purpose of this letter is to explore the potential upgrade of an existing building at 5134
SW 311th Place,Federal Way,98023. Currently there are 2 buildings on the property,one
being a beach cabin built in approximately 1938. One belief is that the building was
originally on a pier and later filled under when the rock bulkhead was put in.
The building has suffered a great deal over time. It has endured a fire,the collapse of a
retaining wall,rot and insect infestation. The result is a building that is not usable as it was
intended and is an eyesore in the community.
We would like to restore this building so that it is similar to its original state. To do this
will entail a great deal of work. This work would consist of removing roofing,trusses,
rotten logs and possibly disassemble and reassembly of the entire building to allow for
raising the building off the sand and to construct an adequate foundation on new piers.
The concrete wall currently retaining the hillside has failed and is leaning against the house.
We would like to rebuild this wall with adequate engineering. The wall is currently about
three feet high and fifty feet long. The size would not change.
The original house was a 609 square foot log home with a large deck on two sides. The
house has one bathroom on septic. All this would remain unchanged. A fire destroyed part
of the original structure,which was replaced with conventional framing. This would be
replaced with logs.
While this project is extensive,it would add no square footage,bedrooms or baths. It would
also bring the building up to the standard of others in the neighborhood.
The parcel numbers of the property are 321020 0165-07 and 321020 0171. The lots were
combined in September 2001 during a previous remodel. The building to be remodeled is
on the beach below the main house.
Please let me know if you see any issues with getting a permit for this process.
Thank o ‘ievoz._
Mark Cozart
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