00-102972 ' POO - 1o7a72_ - 00 - AD
D4V 0 L. TPOPQD
RECEIVED BY r.Axchitect
COMMUNITY DEVELOPMENT DEPARTMENT
Stephen Clifton May 5,20Q1
Director of Community Development MAY 1 8 2000
City of Federal Way
Mr. Clifton:
As owners of a Federal Way lot at 29501 7t11 Ave. S.W.,Parcel No. 119600 4383,we are concerned about
opinions recently expressed by city employees when questioned about the buildability of said lot. It appears
that prospective buyers may have been discouraged by misinformation received from city employees.
This lot, along with the abutting lot to the north, were created under King County jurisdiction,through a lot
line adjustment, Recording No. 8904008, prior to Federal Way incorporation. The creation and the
subsequent development of these properties have been accomplished"pursuant to all applicable laws,
ordinances and regulation then in effect."
These lots have previously been issued a total of four building permits by the City of Federal Way,yet a
recent inquiry by a real estate agent seems to have raised questions, regarding lot size and buildable status,
that city employees were unwilling or unable to answer.
The initial development of this lot, constructed in the summer of 1996, under Federal Way Building Permit
No. BLD 94207,represents a substantial investment toward the completion of a single family residence,
and was engineered and installed specifically to accommodate a residence on the lot, in accordance with all
then-applicable code requirements for the lot.
The application for establishment and creation of this lot was fully completed under King County Code
requirements in effect at the time, and accordingly Federal Way is precluded, under RCW 58.17.033, from
denying this is a separate, buildable lot. The applicable language reads:
RCW 58.17.033 Proposed division of land—Consideration of application for preliminary plat or short plat
approval—Requirements defined by local ordinance. (1)A proposed division of land, as defined in RCW
58.17.020, shall be considered under the subdivision or short subdivision ordinance, and zoning or other
land use control ordinance, in effect on the land at the time a fully completed application for preliminary plat
approval of the subdivision, or short plat approval of the subdivision, has been submitted to the appropriate
county, city, or town official.
RCW58.17.020(9)"Lot" is a fractional part of divided lands having fixed boundaries, being of sufficient
area and dimension to meet minimum zoning requirements for width and area. The term shall include tracts
and parcels.
We respectfully request written verification,congruent with the previously-i sued permit,that the parcel in
question is indeed a buildable lot.
Sincerely:
David rstad
er Ceife
406 S. 289th St. Federal Way, Wa. 98003-3609
HEIGHT, YA___, AREA, OPEN SPACES ....48.240 - 21.48.270
B. In two-family and multiple family 'zones, there may be one dwelling
unit located on a single substandard lot for each unit of required minimum lot
area per dwelling unit contained therein.
In every case, all other requirements of the zone shall be met except that
where a lot became substandard by a change from one residential classification
to another, the yard requirements of the "RS" classification shall apply.
(Ord. 2735 S 2, 1976) .
21.48.250 Substandard lot - TWO or more. Two or more substandard lots or
fractions of lots under the same ownership as of the effective date of the
ordinance codified in this title, which have common side lot lines and cannot
individually satisfy the lot area and width requirements of the zone, shall
only be used, divided, transferred, sold or ownership changed in combinations
which produce building sites that satisfy the requirements of the zone in
which they are located, with the following exceptions:
A. One single-family dwelling may :. be erected on any combination of
substandard lots and fractions thereof which in total contain less than the
lot area requirement for the zone; provided, the owner of such lots does not
own adjoining vacant property.
B. Two single-family dwellings may be erected on any combination of
substandard lots or fractions thereof which in total contain at least one and
one-half but less than twice the lot area requirement; provided, that two •
building sites of approximately equal size result with a minimum lot width of
forty feet and the owner of such lots does not own adjoining vacant property.
C. On substandard lots in two-family and multifamily zones, one dwelling
unit may be erected for each unit of required minimum lot area per dwelling
unit contained therein.
In each of the above situations all other requirements of the zone shall
be met.
D. A legally created lot in a G, S or A zone, which contains at least
seven thousand two hundred square feet and , is at least sixty feet in : width,
may be used for a single-family dwelling regardless of the location and number
of other lots under the same ownership. (Ord. 2735 S 3, 1976) .
21.48.260 use of lots or parcels containing more than minimum required lot
area. Except in the "A" zone, when a lot contains two or more times the
miniumum lot area required for the zone in which the lot is located, and the
owner desires to use each unit of area equivalent to the minimum lot area as a
separate building site, provided not more than four such units result, and no
dedication of streets, alleys or other public ways are involved, such area
units may be so utilized only after approval of the lot division as prescribed
in the subdivision code (Title 19) . When such units are thus defined, then
all of the provisions of this title governing the use of a lot in the zone in
which such property is located shall apply thereto. (Res. 25789 S 2424, 1963) .
21.48.270 Flexible yard and lot dimension requirements in subdivisions and
snort subdivisions. In subdivisions and short' subdivisions proposed to create
residential building lots within any R, S or G zone, required front, rear and
side yard requirements and lot dimensions may be varied from those required by
the zone in which the proposed subdivision or short subdivision is situated,
in order to provide more optimal use of private or community open space,
privacy, a more energy-efficient arrangement of structures, or to protect
environmentally sensitive areas, provided:
A. Primary and accessory residential buildings, whether on the same lot
y.i5
CITY OF G
•
(253)661-4000
33530 1ST WAY SOUTH FEDERAL WAY,WA 98003-6210
David L. Thorstad and Terel Keifer June 6, 2000
406 South 2891 Street
Federal Way, WA 98003-3609 s
6
Dear Mr.Thorstad and Ms.Keifer:
Re: Inquiry Number 00-102972-000-00-AD—Thorstad/Keifer
Vicinity of 29500 block, 7th Avenue SW;Parcel Number 119600-4383
The following is in response to your May 5,2000 letter.In the letter you request written verification that
the above referenced parcel is a buildable lot.
This lot is currently vacant and is zoned Single-Family Residential(RS 15.0).RS 15.0 zone allows
construction of single-family homes on lots having a minimum lot size of 15,000 square feet.City records
(Metroscan Property Profile) indicate that the size of the above referenced parcel is 9,000 square feet.
Federal Way City Code(FWCC) Section 22-953(b)provides guidance on when existing single-family
lots are considered a legal building site. Specifically this section states:
"(b) Exception, detached dwelling units. Subject to all other requirements of this chapter,an
applicant may build one detached dwelling unit on a lot or parcel regardless of the size
of the lot or parcel, if:
(1) There is or has ever been a residence on the subject property; or
(2) The lot lines defining the lot or parcel were recorded in the county assessor's
office prior to 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."
In regards to the first item(Section 22-953[b][1]),there is no evidence that there ever has been a
residence on the subject property. Therefore,the lot does not qualify under item 1. In regards to the
second item(Section 22-953[b][2])you provided a copy of a King County lot line adjustment application
form. The form is dated received by King County on April 11, 1989,and approved by King County on
October 20, 1989. King County Assessor's maps have been modified to reflect this approved lot line
configuration.
However,the second part of Section 22-953(b)(2)states that a lot with insufficient lot size cannot have
been simultaneously owned by the owner of a contiguous lot or parcel subsequent to February 28, 1990.
City records(Metroscan Property Profile)indicate that the same owner,Terel Keifer,currently owns this
property and a contiguous lot in whole and in part.Based on this information, it appears that the property
in question(parcel number 119600-4383)does not meet the criteria of FWCC Section 22-953 (b)(2)and
cannot be considered a buildable lot.
David L. Thorstad and Terel Keifer
Page 2
June 6,2000
Your letter argues that Federal Way is precluded by RCW 58.17.033 from determining that parcel number
119600-4383 is a separate,buildable lot. The statute in question,however, speaks only to applications for
preliminary(or long)plat and short plat approvals.' You did not apply for or receive preliminary or short
plat approval; instead,you filed a lot line adjustment application. Such an application acquires no vested
rights under RCW 58.17.033.A lot line adjustment is exempt from processing under RCW 58.17
precisely because it does not create new lots by division of land.In fact,your lot line adjustment reduced
the number of lots,rather than creating new lots.Given this fact,RCW 58.17.033 is inapplicable to the lot
line adjustment, and the approval of the lot line adjustment did not give rise to any vested rights to
develop on the particular lots adjusted through the lot line adjustment.2
Even if RCW 58.17.033 did apply,construed most broadly it creates a vested right only to a use disclosed
and considered as part of the original application(here,the lot line adjustment). See"Noble Manor v.
Pierce County," 133 Wn.2d 269,943 P.2d 1378(1997). There is no indication that the lot line adjustment
application disclosed anything about a proposed future use of parcel 119600-4383 as a stand-alone
building lot. While you have provided us a drawing depicting the footprint of buildings on parcels 4380
and 4381,there is no proposed use of parcel 4380 as a separate building lot,or otherwise,depicted on that
drawing. Further,there is nothing to indicate that the drawing with the footprint was ever provided to,or
considered by, King County as part of the lot line adjustment application.
Your letter also asserts that the lots were created via the lot line adjustment,and implies that the approval
of the lot line adjustment somehow demonstrated that the alleged lot creation was accomplished,
"...pursuant to all applicable laws,ordinances,and regulation then in effect."As noted above,the lots
resulting from the lot line adjustment were not approved in accordance with RCW 58.17 or King
County's subdivision requirements at the time,but rather were approved summarily and administratively.
That is why King County's approval of the lot line adjustment expressly notes,"Approval of this
adjustment does not assure the property owner that the subject property itself has satisfied the State and
County subdivision requirements(RCW 58.17 and King County Title 19).Please be advised that building
permits will not be issued to lots which have not complied with the requirements of said statute and
code."This statement provided you notice that the lot line adjustment approval did not guarantee any
rights to future building permits for the lots depicted in the lot line adjustment.
Your letter also claims that"initial development"was begun on this lot in 1996 under Federal Way
building permit number BLD96-0207, and implies that work done pursuant to this permit somehow
establishes or contributes to a vested right to a building permit for a separate structure on parcel 119600-
4383. However,as you probably know,under RCW 19.27.095(1)a vested right arises only upon
submission of a completed application for a building permit, and the only right that vests is the right to
have the particular application processed under the laws in effect at the time the application is deemed
complete.
'RCW 58.17.033's effectiveness with respect to preliminary plat approvals is limited to five years by RCW 58.17.170.
2 This is particularly true given the definition of"lot"from RCW 58.17.020(9)you cite in your letter,which notes that a lot must
be,"...of sufficient area and dimension to meet minimum zoning requirements for width and area."Parcel 119600-4383 does not
meet Federal Way's minimum lot area requirement.
David L.Thorstad and Terel Keifer
Page 3
June 6,2000
A building permit for one activity does not create a vested right to future building permits for other,
undisclosed activities on undisclosed lot configurations. Permit number BLD96-0207 was granted only
for"emergency landslide repair"to the property as a whole.No determination of whether parcel 119600-
4383 was a separate buildable lot was made,and none was requested.In fact, due to the asserted
emergency,environmental review of the work was not even performed.Under these circumstances,the
city cannot conclude that issuance of permit number BLD96-0207 created a right to a determination that
parcel 119600-4383 is a legal building lot.
I fully understand the predicament that these city code provisions leave you in.However, staff does not
have any administrative authority to grant a waiver or modification of these code provisions.I do
however, see two potential options for you to investigate.
First,you should look at adjoining properties to determine if additional land area can be obtained to
further adjust the size of this parcel to meet the 15,000 square foot minimum lot size requirement.If this
is possible,you could file a boundary line adjustment application with the city.
Second,you could submit an application for a variance to the minimum lot size. However, staff can only
support,and the city's Hearing Examiner can only approve,variance requests that meet all of the
decisional criteria outlined in FWCC Section 22-198(enclosed).The application fee for a residential
variance is$611.00. I would encourage you to meet with city staff prior to submitting a variance
application to discuss the required variance decisional criteria in relationship to this matter.
If you can verify that any of the facts discussed above are inaccurate,please contact me immediately.If
you have any further questions regarding this matter,please call me at 253-661-410.
This response to your inquiry is issued as an interpretation of the FWCC pursuant to Section 22-354.As
such, any person aggrieved by this interpretation may file an appeal within 14 days of the date of this
interpretation pursuant to FWCC Section 22-356.
Sincerely
111.111r4Sek/
Ste. en lifton, Irt P
Director,Community Development Services
Enc: FWCC Section 22-198
L:\CSDC\DOCS\SAVE\54129256.DOC/Last printed June 6,2000 7:58 AM
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