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98-100189 30- . eS CITY OF • (253)661-4000 33530 1ST WAY SOUTH FEDERAL WAY,WA 98003-6210 January 29, 1998 (re Mr. Mike Marrs 4, 515 South 194th Court ` Seattle, WA 98148 Re: ADM98-0003—MARRS ZONING INQUIRY King County Tax Parcel#218820-2060 371xx 5th Avenue SW,Federal Way,WA Dear Mr. Marrs: This letter responds to your January 14, 1998 letter regarding development at the above referenced property. Your 12,000 square foot wooded corner lot is vacant. According to the Federal Way Zoning Map, the zoning designation for the site is RS-15.0, a residential single family zoning classification. Sections 22-631 through 22-649 of the Federal Way City Code(FWCC) list the uses which are permitted in the RS zoning district(enclosed). According to FWCC Section 22- 631 (note#b), the minimum lot size for a residential use in this zone is 15,000 square feet. Garages are not listed as a use that is permitted outright. In order to construct a garage on the subject property, a permitted use(e.g. single family home)must be built so that the garage becomes accessory and secondary to the primary use. The following are responses to the questions raised in your letter: 1) Is there an option for conditional use or exceptions? Response—A request to construct a garage, which is defined as an accessory use, without an established primary use (a house or other approved use), could not be approved by the city. The city does not have provisions for conditional uses or to allow uses not otherwise permitted in various zones. Mr. Mike Marrs January 29, 1998 Page 2 The city may grant a variance only if it finds all of the criteria of FWCC Section 22-198 ( losed) are met. However, the city may not grant a variance to any provisions establishing pe d ,s per FWCC Section 22-199(1). In your case, garages are not outright permittlfuos in the RS-15.0 zoning district, and could not be permitted unless a primary use is estalAshcd.` 2) Is building a garage on condition of building a residence at a later date when sewer is installed an option? Response—This would not be an option because the garage would become a primary use and is not permitted in the RS-15.0 zoning district. A primary use must be established before any accessory use can be approved. 3) Would alley vacation be possible? Response— Street (and alley)vacations are covered in FWCC Section 13-91 (enclosed). The owners of an interest in any real estate abutting upon any street or alley may petition the City Council to vacate a street or alley. The petition must contain the signatures of at least two thirds of the owners abutting the proposed vacation portions. Processing fees are $484.00 for the first 300 lineal feet plus $50.00 for every additional 100 lineal feet. Please contact Joanne Willis, Street Systems Technician, at(253) 661-4127 for additional street vacation processing information. 4) What are the applicable lot size and development requirements? Response—Pursuant to FWCC Section 22-953,Building site, a lot is considered a buildable lot if meets the specific criteria listed in this section. FWCC Section 22-953(b) states that the applicant may build one detached dwelling unit regardless of the size of the lot or parcel if: 1) there is or ever has been a residence on the subject property; or 2)the lot lines defining the lot or parcel were recorded in the county assessors office prior to city incorporation (February 28, 1990) and the lot or parcel has not simultaneously been owned by the owner of a contiguous lot or parcel subsequent to that date. Therefore, to establish this as a residential building site, you must provide documentation about the lot creation, and provide documentation that the subject parcel has not been owned by contiguous lot owners. A title report might assist with this information. Mr. Mike Marrs January 29, 1998 Page 3 Structural setbacks for residential uses are 20 feet front yard, and five feet side and rear yard. The maximum height allowed is 30 feet above average building elevation.No more than 50 percent of the site can be covered with impervious surfaces. Street frontage improvements including pavement widening, curbs, gutters, sidewalks, street trees, and utility strips may be required with a development application because the right-of-way fronting your property does not meet current code standards. Modifications to these standards may be requested. Please refer to the enclosed modification handout. I hope this information is useful. Please do not hesitate to contact me at (253) 661-4103 if you have any questions about this information. Sincerely, A' Deb Barker Associate Planner enc: FWCC Section 22-631 Through 22-649,RS Zoning FWCC Section 22-198, Variance FWCC Section 13-91,Street Vacations FWCC Section 22-953,Building Site c: File I:\adm4nar,zone]tr RECEIVED BY COMMUNITY DEVELOPMENT DEPARTMENT January 14, 1998 JAN `99C Greg Fewins, Principal Planner City of Federal Way 33530 1st Way South ,*000 3 Federal Way, WA 98003 Re: Parcel# 218820-2060 Dear Mr. Fewins, This parcel is located on the corner of SW 371st and 5th SW and is zoned RS 15. The purpose of this letter is explore options for use of this property. My intent for this property was to build a garage for personal use. After discussing this with the Development Department , I have found that a garage is an accessory use to a primary residence. A septic test was performed and the lot failed to meet King County Department of Health requirements. The lot is 100 feet by 120 feet. ( 12000 sq. ft.). The lot appears to have been platted before being zoned RS 15. There is a 20 ft. alley behind the property. An inquiry to the sewer company reveals no current plan to offer sewer in that area. My questions to you are many, however any guidance would be appreciated. Is there any options for conditional use or exceptions? Is building a garage on condition of building a residence when sewer is provided an option.? Is there any possibility of the city vacating the alley back to the parcels? Adding 1000 sq. ft. to the lot may help with the perc test. Several people seem to be encroaching in the alley already. If vacation is an option, perhaps a deal could be worked out to purchase the rights to the other 10 feet of alley from the property behind mine. This would increase the lot by 2000 sq. ft. What guidelines does the City use when they apply zoning ordinances to parcels that do not meet the zoning requirements? I realize newly created lots must meet zoning requirements, however this lot appears to be existing at the time of zoning. The other option is to seek tax relief from the county. I would rather pay the taxes and use the property, however if the property is not usable I feel the value is dramatically less than the current assessed value. Thank you in advance for your input on this matter. Feel free to call me if you have any questions or can provide me any information. 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