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00-103440 (2)
CITY OF (253)661-4000 W FTYP 33530 1ST WAY SOUTH FEDERAL WAY,WA 98003-6210 July 25, 2000 A 4 David L. Thorstad and Terel Keifer 406 South 289th Street Federal Way, WA 98003 Re: File No. 00-103440-00-UP; NOTICE OF COMPLETE APPLICATION Thorstad/Keifer Variance 1 bO( 'Afl^ Ave 5iii Dear Mr. Thorstad and Ms. Keifer: The Department of Community Development Services received your application on June 20, 2000, requesting a zoning variance for parcel number 119600-4383. Pursuant to City regulations, upon receipt of an application the City has 28 days to determine whether all required information and documentation required for a complete application pursuant to Federal Way City Code(FWCC) Section 22-33 has been submitted. Based on a review of your submittal relative to those requirements as set out in the enclosed Checklist for Development Application Requirements, your application is deemed complete as of today's date (July 25, 2000). Please consider this letter a Letter of Completeness. The 120-day review time line has started as of this date and the City now has 120 days from this date to take action on the application. A Notice of Land Use Application will be published in the Federal Way Mirror on July 29, 2000, mailed to property owner within 300 feet of the subject site, and posted at official notice boards of the City. At this time, we will begin a code-related review. Based on that review, if additional information or modifications to plans are required to meet code we will notify you in writing and the 120 day time line will be stopped. Should you have any questions, please call me at 253-661-4045. Sincerely i " .---- ----- Lori Mic elson, AICP Senior Planner Doc.I.D.11016 ---r--- TILISigasi LottiE VARIANCE' 1. ilttll i(t tttltt a rig Project Location:29501 7th Averwe >M� i d*writ*the City of Federal Federal Way,WA stio a ` -.....4« Land Use Hearing Examiner at approxi- Applicant:DAvid Thorstad 10 waiting days 4- '4".4-41".*"'A` '' mately 2:00 p.m.on October 24,2000,in City Contacts:Tim McHarg,AICP,Con- ing.Only persons who submit written of , the Federal Way City Council Chambers, tract Senior Planer,206-297-2106;Greg oral comments to the Hearing Examiner It 33530 First South,PO Box 9718,Federal Fewins,Principal Planner,253-661-4108 may request a reconsideration of the Heal Way 98063-9718. Any Person may participate in the public ing Examiner'•s •decision.The applicatio File Number:00-103440-00-UP hearing by submitting written comments to ' under Topic The applicant has requested a vari- the Hearing Examiner,either by delivering aapppp r o e codes,regulations,and policies ance from the 15,000 square foot minimum these comments to the Department of • of the City of Federal Way. lot size requirement in an RS-15.0 zoning CommunityDevelopmentServicesThe�►al File is available for review dur district,as required Federal WayCitythem prior to ing workinghours(Mondaythrow h'Fr101 qu by the hearing,giving directly to the 9 Code(FWCC)Section 22-631.The appli- Hearing Examiner at the hearing,or by 8:00am.to 5:00 p.m.)in the DepartnIstiC cant proposes the future construction of a appearing in person,or through a repre of Community Development Senrices single family detached dwelling unit on an sentative,at the hearing and presenting reports will be available for review one, ,r'r existing non-conforming 12,000 square foot public testimony.Written comments should week before the hearing. lot.Variances from provisions of the FWCC be addressed to:Department of Communi- LEGAL NO.FWM-214 Chapter 22 are 6ldb'• Payers IV, Development Services(33530 First Way Published:Fads*Way Minor ;; Heat.Emil. South,PO Box 9710,Federal Way,WA October 7.2000 ` ' FEDERAL WAY it \ in - 1 \,__,)R - Your Community Newspaper - Affidavit of Publication George LeMasurier,being first duly sworn, on oath disposes and says that he is the Publisher of The Mirror, a bi-weekly newspaper. That said newspaper is published in the English language continually as a bi-weekly newspaper in Federal Way, King County, Washington, and is now and during all of said time was printed in an office maintained at the aforementioned place of publication of said newspaper. That the annexed is a true copy of a Legal Advertisement by CITY OF FEDERAL WAY L-214 as it was published in regular issues (and not in supplemental form) of said newspaper once each week for a period of one consecutive week(s), commencing on the 7`h day of October , 20 00 , and ending on the 7th day of October , 20 00 , both dates inclusive, and that such newspaper was regularly distributed to its readers during all of said period. That the full amount of the fee charged for the foregoing publication in the sum of $ 152.35 , which amount has been paid in full, or billed at the legal rate according to RCW 65.16.090. Subscribed to and sworn before me this 19th day of_October , 20 00 . Notary Public in and for the State of Washingtoq., Residing at Tacoma '` ,;.YNnv . •Q•� �`O�gRY`u' Z ' POBL\C o >�••�� i 5.2�Oti�C�• ; �� • F WASss..\.a 1414 SO.324TH STREET,SUITE B210,FEDERAL WAY,WA 98003 ■ 253-925-5565 FAX:253- , CITY OF (253)661-4000 33530 1ST WAY SOUTH FEDERAL WAY WA 98003-6210 com''l!nn /7Cv7i �?M \Tsl NOv ZZn° November 7, 2000 �� -� J V � =�`-- I/ a , ,,/ , lid David Thorstad ty of Fed Orrice a 406 South 289th Street y Federal Way, WA 98003 RE: PROCESS IV, THORSTAD LOT SIZE VARIANCE Dear Mr. Thorstad: Enclosed please find the Report and Decision relating to the above-entitled case. Very truly yours, '' 'P i , i�9 C STEPHEN K. CAUSSEAUX, JR. HEARING EXAMINER SKC/jc cc: All parties of record City of Federal Way Page - 1 CITY OF FEDERAL WAY OFFICE OF THE HEARING EXAMINER IN THE MATTER OF: ) ) FWHE# 00-25 ) Thorstad Lot Size Variance ) ) PROCESS IV ) ) I. SUMMARY OF APPLICATION The applicant has requested a variance from the 15,000 square foot minimum lot size requirement in an RS-15 zoning district, as required by Federal Way City Code Section 22-631 (Exbhiit A). Variances from provisions of the Federal Way City Code (FWCC), Chapter 22, are subject to Process IV,hearing Examiner decision. The applicant proposes the future construction of a single family detached dwelling unit on an existing non-conforming 12,000 square foot lot. The subject property is located in the Buenna subdivision in the northern portion of the city. A formal building permit application for the proposed single family detached dwelling unit has not been submitted at this time. II. PROCEDURAL INFORMATION Hearing Date: October 24, 2000 Decision Date: November 7, 2000 At the hearing the following presented testimony and evidence: 1. Tim McHarg, Senior Planner,Department of Community Development 2. David Thorstad, 406 South 289th Street, Federal Way, WA 98003 At the hearing the following exhibits were admitted as part of the official record of these proceedings : 1 . Staff Report with all attachments Page - 2 • III. FINDINGS 1 . The Hearing Examiner has heard testimony, admitted documentary evidence into the record, and taken this matter under advisement . 2 . The Community Development Staff Report sets forth general findings, applicable policies and provisions in this matter and is hereby marked as Exhibit "1" and incorporated in its entirety by this reference. 3 . All appropriate notices were delivered in accordance with the requirements of the Federal Way City Code (FWCC) . 4 . The applicant has a possessory ownership interest in an irregularly shaped, 12, 000 square`foot parcel of property abutting the west side of 7th Avenue SW midway between its intersections with SW 294th Street and SW 296th Street within the City of Federal Way. The parcel and abutting properties to the north, south, and west are located within the single family residential (RS-15) zone classification of the Federal Way City Code (FWCC) , while parcels to the east across 7ch Avenue SW are within the RS-9 . 6 zone classification. The RS-15 zone classification authorizes single family residential dwellings on minimum lot sizes of 15, 000 square feet, and the RS-9 . 6 zone classification authorizes single family residential dwellings on minimum 9, 600 square foot lot sizes . 5 . The applicant ' s lot was created by a boundary line adjustment approved by King County in 1989 prior to the City' s incorporation. The lot has been taxed as a single family residential lot since its creation. The applicant desires to construct a single family home on the parcel, but because it is below the minimum lot size authorized by the RS-15 zone classification, the applicant must obtain a lot size variance. 6 . The Department of Community Development examined exceptions to the lot size requirements as set forth in Section 22- 953 (b) FWCC. Said exceptions allow the construction of homes on undersized lots. Staff found that the subject property does not qualify under any exceptions and thus a variance is required. 7 . Prior to obtaining a lot size variance, the applicant must Page - 3 establish that the request satisfies the criteria set forth in Section 22-198 FWCC. Findings on each criteria are hereby made as follows : A. Approving the variance will not constitute a grant of special privilege inconsistent with the limitations upon uses of other properties in the vicinity and zone. The applicant proposes a single family residential dwelling consistent with existing uses and zones in the area. The parcel abuts the line delineating the RS-9 . 6 classification from the RS-15 classification. Thus, single family homes may be constructed on the east side of 7th Avenue on lots smaller than the applicants. Furthermore, eight parcels within the immediate area of the applicant ' s parcel in the RS-15 classification contain less than 15, 000 square feet, and one parcel developed with a single family home contains 11, 000 square feet . Thus, granting the variance will not constitute a grant of special privilege . B. The variance is necessary because of special circumstances relating to the size, location, and surroundings of the parcel to provide it with use rights and privileges allowed to other properties in the vicinity. As previously found, the parcel was created pursuant to a lot line adjustment approved by King County. As previously found, the special circumstances include the small lot sizes in the area to include the RS-9 . 6 properties to the east . C. Granting the variance will not be materially detrimental to the public welfare or injurious to property or improvements in the vicinity. The nonconforming 12, 000 square foot lot is approximately 81% of the required 15, 000 square foot lot size. The home constructed on the lot must comply with all setbacks and other bulk regulations of the RS-15 zone to include height, impervious lot coverage, and parking. The dwelling will also comply with all requirements of the FWCC and will be of similar size and character to surrounding homes . D. The special circumstances of the parcel are not the result of the actions of the owner. While the Page -4 applicant has owned the property since prior to the application for the lot line adjustment, such adjustment was processed in accordance with King County Ordinances in effect at the time . Since said date, the City has incorporated and adopted new standards and regulations which would not allow the procedure. Therefore, the special circumstances are not the result of the actions of the owner, but of the legislative body adopting new standards . 8 . Variances must undergo Process IV review as set forth in Section 22-445 FWCC. Subsection (c) contains five decisional criteria which the applicant must meet prior to obtaining a variance. Findings on each criteria are hereby made as follows : A. The proposed variance is consistent with the Federal Way Comprehensive Plan which designates the site as single family-medium density residential . Policy LUP 19 of the comprehensive plan encourages the consideration of special development techniques in single family areas provided they result in residential development consistent with the quality and character of existing neighborhoods . The applicant proposes a single family home consistent with the size and character of existing homes . The 3 , 000 square foot difference in lot size will not prevent the applicant from constructing a home consistent with others in the neighborhood. B. The variance complies with all applicable provisions of the FWCC and other applicable laws . The City' s review found no violations of development codes and regulations. The future home must meet all development standards of the RS-15 zone as established by Section 22-631 FWCC. The new home must meet applicable sensitive area requirements, storm water requirements, street frontage improvements, and utility connection requirements, as well as building, fire, electrical, and plumbing codes . C. Granting the variance is consistent with the public health, safety, and welfare . Future development must comply with all applicable codes and regulations. . Page - 5 D. The streets and utilities in the area of the subject property are adequate to serve a single family residential dwelling. The lot abuts 7th Avenue SW, a public paved road maintained by the City, which can accommodate traffic generated from one additional single family dwelling. E. While the applicant has not as yet proposed an access from the parcel, the configuration and slope of the property will allow adequate access from 7th Avenue SW without creating sight distance problems . IV. CONCLUSIONS From the foregoing findings the Hearing Examiner makes the following conclusions: 1. The Hearing Examiner has jurisdiction to consider and decide the issues presented by this request. 2. The applicant has established that the request for a 3,000 square foot variance to the lot size requirements of the RS-15 zone classification satisfies the criteria set forth in Sections 22- 198 and 22-445 (c) FWCC, and therefore should be granted. DECISION: The request for a variance to allow construction of a single family detached dwelling on a 12,000 square foot lot within an RS-15 zone classification is hereby granted. DATED THIS 7 DAY OF November, 2000. ST HE K. CAUSSEAUX, . t Hearing Examiner TRANSMITTED THIS 111') DAY OF November, 2000, to the following: APPLICANT: David Thorstad and Terel Keifer 406 South 289`'' Street Federal Way, WA 98003 Page- 6 City of Federal Way c/o Chris Green P.O. Box 9718 Federal Way, WA 98063-9718 PROCESS IV Rights to Appeal Decisions of the hearing Examiner may be appealed by any person who is to receive a copy of that decision under FWCC Section 22-443. The appeal, in the form of a letter of appeal, must be delivered to the Department of Community Development Services within fourteen(14) calendar days after the issuance of the Hearing Examiner's decision. The letter of appeal must contain: 1. A statement identifying the decision being appealed, along with a copy of the decision; 2. A statement of the alleged errors in the Hearing Examiner's decision, including specific factual finds and conclusions of the Hearing Examiner disputed by the person filing the appeal; and 3. The appellant's name, address,telephone number and fax number, and any other information to facilitate communications with the appellant. The person filing the appeal shall include, with the letter of appeal,the fee established by the City of the costs of preparing a written transcript of the hearing (or in the alternative, the appellant may prepare the transcript at his or her sole costs from tapes of the hearing provided by the City).The appeal will not be accepted unless it is accompanied by the required fee and cost (or agreement of the appellant to prepare the transcript). Appeals from the decision of the Hearing Examiner will be heard by The City Council. The decision of City Council is the final decision of the City. The action of the City in granting or denying an application under this article may be reviewed pursuant to RCW 36.70C in the King County Superior Court. The Land Use Petition must be filed within twenty-one (21) calendar days after the final land use decision of the City. kmit 1 . CITY OF FEDERAL WAY DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES DEVELOPMENT REVIEW COMMITTEE TRANSMITTAL DATE: June 30, 2000 TO: Trent Ward, Development Services Manager (2 copies) Mary Kate Gaviglio, Building Official Mary Young, Lakehaven Utility District Greg Brozek, Federal Way Fire Department FROM: Lori Michaelson FOR DRC MTG. ON: July 13, 2000 FILE NUMBER(s) : 00-103440-00-UP RELATED FILE NOS. : None PROJECT NAME: THORSTAD/KEIFER VARIANCE PROJECT ADDRESS: 29501 7TH AVE SW ZONING DISTRICT: RS 15.0 PROJECT DESCRIPTION: USE PROCESS IV -Variance from lot size requirement LAND USE PERMITS: PROJECT CONTACT: DAVID THORSTAD 406 S 289TH STREET Federal Way, WA 98003 2539414850 (Work) MATERIALS SUBMITTED: Criteria Response, Assessor Map r'' MAL,.ER LAND USE APPLICATION CITY OF = • DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES EJCI 33530 First Way South,Federal Way,WA 98003 \)\) Ry (253)661-4000—Fax(253)661-4129 www.ci.federal-way.wa.us APPLICATION No W \p- u Date 'Co/Zi-7? lit*/Project Name 147 )r / 417 Lizer Property Address/Location Z.7 c7 J -7 L , Ll•4.?, Parcel Number(s) 1 i LDL7p - "7 4 Applicant Agent (If Different than Applicant) Owner Name: A�`P, 11-V:Xarrf417 Name: Name: Address: Address: Address: ide,21.0 7. Z-11 441 drf, Ali Phone: grjajj 141 - 1.q�4 Phone:( ) Phone:( ) Fax:( ) � Fax:( ) Fax:( ) Email: Email: Email: Signature:__ /4 ./ Signature: Signature: Zoning Designation / J,�j• 1'j •/7. Comp Plan Designation Project Description J C e- P �T� \N e e S\'`e-e\' S Uniform Building Code(UBC)Construction Type (UBC)Occupancy Type Type of Permit Required: SEPA Checklist Notice Mailed Sign Board (Refer to Development Submittal Requirements Handout) Annexation R R Binding Site Plan R R R Boundary Line Adjustment Comp Plan/Rezone R R Land Surface Modification R R * Lot Line Elimination Preapplication Conference Process I(Director's Approval) Process II(Site Plan Review) R* R Process III(Project Approval) R R R Process IV(Hearing Examiner's Decision) R Rx2 R Process V(Quasi-Judicial Rezone) • Process VI R R R SEPA Only R R Shoreline R R * Variance R R R Conditional Use R R R Short Subdivision * R * Subdivision R R R `` Variance R* R R R =Required * =Optional by City MAsfllRIA.FRM Ri viva,2/22/99 aTYoF G MEMORANDUM • Public Works Department 335301ST WAY SOUTH DATE: 7/24/00 TO: Lori Michaelson, Senior Planner FROM: Ann Dower, Engineering Plans Reviewer SUBJECT: THORSTAD/KEIFER- (00-103440-00-UP) 29501 7TH AVE SW; PUBLIC WORKS COMMENTS Public Works Department does not have any comments regarding the proposed lot size variance. The applicants are advised, however,that when a building permit is submitted for this lot they will be responsible for storm water control according to the 1998 King County Surface Water Design Manual (KCSWDM) and the Federal Way Addendum to the KCSWDM. At a minimum, Small Site Drainage Review and Small Site Flow Control Measures will be required. Targeted Drainage Review may also apply, and more stringent flow control may be required if this project contributes to existing downstream drainage problems. In addition, street improvements along the property frontage will be required. The improvements would conform to a section`U'consisting of 16 feet of pavement(centerline to curb), four-foot wide planter strip with street trees, five-foot wide sidewalk, and street lights. If the applicants wish to seek modification to this requirement,they should review the enclosed handout and submit a letter to Ken Miller, Deputy Director of Public Works, addressed to the attention of Ann Dower. � ,. . COMMUNITY DEVE1.0Pt ;:, ! e 'IRTMEN1 Criteria: 1 ,j I N 2 0. 2000 That the variance will not constitute a grant of special privilege inconsistent with the limitations upon uses of other properties in the vicinity and zone in which the subject property is located. Response: There are 26 properties within a 300 foot radius of the subject lot.City regulations require notification of these property owners in regard to our requested variance. 9 of the notified owners,nearly 35%of the total, live in homes that have been constructed on substandard lots.None of this 35%,exactly 0%of these owners,have been required to seek the variance that we are forced to seek here today.The subject lot lies within Section 6, Township 21,Range 4. There are 135 homes, in this section alone,that have been built on substandard lots. Our estimation is that again 0%of these owners have been required to seek such a variance.The reason that we are forced to pursue this variance is not because we are looking for"a grant of special privilege..."Quite to the contrary,it is because city officials have denied us the right to build on property that was segregated prior to city incorporation.The city code seeks to retroactively apply its regulations to a land use action that was approved by King County,under its jurisdiction,and"pursuant to all applicable laws,ordinances and regulations then in effect,"one year prior to city incorporation. If the constitutionality of this particular regulation has not been contested to date,then it's time has certainly come in regard to this property. Criteria:2 That the variance is necessary because of special circumstances relating to the size,shape,topography, location, or surroundings of the subject property to provide it with use rights and privileges permitted to other properties in the vicinity and zone in which the subject property is located. Response: Considering the size of the abutting properties and the access easement which abuts to the west,it is impossible to add the"required"3000 square•'eet as city officials have suggested. Criteria: 3 That the granting of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the subject property is located. Response: The development of the other substandard lots in the area,as discussed in criteria number 1,has presumably not been seen as detrimental or injurious by the public who inhabit those homes.It would be hard to understand how the development of this lot could now be seen as detrimental or injurious.To the contrary it seems that developing this lot could only result in added tax revenue in the city's coffers,and as further adherence to the city's commitment to the Growth Management Act. Criteria:4 That the special circumstances of the subject property are not the result of the actions of the owner of the subject property. Response: The owners of the subject property admit that they lack a propensity for clairvoyance.In our wildest imagination we could not foresee a city government that would seek to undo a land use action approved "pursuant to all applicable laws,ordinances and regulations then in effect."Nor could we foresee a city government that would seek to punish it's citizens for holding on to a real estate investment beyond the date of incorporation.Quite simply we were assured by the King County Subdivision Department that the lots we were creating were legal building lots. David L.Thorstad and Terel Keifer June 6, 2000 406 South 289th Street Federal Way,WA 98003-3609 • Dear Mr. Thorstad and Ms. Keifer: Re: Inquiry Number 00-102972-000-00-AD— Thorstad/Keifer Vicinity of 29500 block, 7`! 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.' 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, Stephen Clifton, AICP Director, Community Development Services Enc.: FWCC Section 22-198 L:\CSDC\DOCSASAVE154129256.DOGLast printed 06/20/2000 0.07 AM j mann , .. dr _ r .ce. i .7. .._ _. _. ..... _, It nA i Y . , .r co)`/�F "tt A • r S 1 i 1 t: .....6 v ■ ,.P �' . — p,0 O m is ■ p r ..a M ,y [ Cl 1 g' ; i .t .Io �. ■ o ! p! ` 9;r - • O p El4 1 z r i ' m i i N a �J. \ i cm r m CO i f€ N o f O� O �i� JO ' • Lfzlycz)ra., Apr i ;t I CT N O t f;. p co f r �'{,, N p \ r 7TH AVE. 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OAo W CNA co m N iAr .—,m o m i W hg(°, ta 'gyp i is mg+ o m $'' 8 p E i w e _. w o +S CITY OF FEDERAL WAY DEPARTMENT OF COMMUNITY DEVELOPMENT REPORT TO THE FEDERAL WAY HEARING EXAMINER THORSTAD/KEIFER LOT SIZE VARIANCE Federal Way File No. 00-103440-00-UP PUBLIC HEARING: OCTOBER 24, 2000 2:00 p.m. CITY COUNCIL CHAMBERS FEDERAL WAY CITY HALL - 33530 FIRST WAY S. (253) 661-4000 Report Prepared by: Tim McHarg, AICP Contract Senior Planner Madrona Planning& Development Services 206.297.2106 Report date: October 13, 2000 TABLE OF CONTENTS SECTION PAGE I. SUMMARY OF PROPOSED VARIANCE REQUEST 3 II. GENERAL INFORMATION 3 III. HISTORY AND BACKGROUND 3 IV. PUBLIC NOTICE AND COMMENT 5 V. THRESHOLD DETERMINATION OF ENVIRONMENTAL SIGNIFICANCE 5 VI. AGENCIES CONTACTED BY FEDERAL WAY 5 VII. NEIGHBORHOOD CHARACTERISTICS 5 VIII. HEARING EXAMINER VARIANCE DECISIONAL CRITERIA REQUIRED BY FWCC SECTION 22-198 6 XI. HEARING EXAMINER PROCESS IV DECISIONAL CRITERIA 10 X. FINDINGS OF FACT AND CONCLUSIONS 12 XI. RECOMMENDATION 12 EXHIBITS Exhibit A: Federal Way City Code Section 22-631 Exhibit B: Vicinity Map Exhibit C: King County Lot Line Adjustment Application, approved October 20, 1989 Exhibit D: Site Photographs Exhibit E: Federal Way Building Permit, BLD96-207 Exhibit F: Federal Way Parcel Zoning Map Exhibit G: Metroscan Property Profile, Parcel No. 119600 4383 Exhibit H: Metroscan Property Profile, Parcel No. 119600 4380 Exhibit I: Applicant's Response to Variance Criteria,undated Staff Report to the Hearing Examiner Thorstad/Keifer Lot Size Variance October 13,2000 Page 2 Federal Way File: 00-103440-00-UP SUMMARY OF PROPOSED VARIANCE REQUEST The applicant has requested a variance from the 15,000 square foot minimum lot size requirement in an RS-15.0 zoning district, as required by Federal Way City Code Section 22-631 (Exhibit A). Variances from provisions of the Federal Way City Code (FWCC), Chapter 22, are subject to Process IV, Hearing Examiner decision. The applicant proposes the future construction of a single family detached dwelling unit on an existing non-conforming 12,000 square foot lot. The subject property is located in the Buenna subdivision in the northern portion of the city. A formal building permit application for the proposed single family detached dwelling unit has not been submitted at this time. II. GENERAL INFORMATION Location: 29501 7th Avenue SW(Exhibit B) Applicant: David Thorstad and Terel Keifer 406 South 289th Street Federal Way, WA 98003 (253) 941-4850 Owner: David Thorstad and Terel Keifer Zoning: RS-15.0, Single Family Residential Comprehensive Plan Designation: Single Family—Medium Density S-T-R: NE 6-21-4 Parcel Number: 119600 4383 Sewage Disposal: Lakehaven Utility District Water Supply: Lakehaven Utility District Fire District: Federal Way Fire Department III. HISTORY AND BACKGROUND The subject property was reconfigured through a lot line adjustment approved by King County Building and Land Division on October 20, 1989 (Exhibit C). The lot line Staff Report to the Hearing Examiner Thorstad/Keifer Lot Size Variance October 13,2000 Page 3 Federal Way File: 00-103440-00-UP adjustment reconfigured the subject property to a parcel size of 12,000 square feet with 100 feet of frontage on 7th Avenue SW. The lot line adjustment was recorded in 1989 under King County Records and Elections recording number 8911150801. Single family detached dwelling units are allowed within RS-15.0 zoning districts in accordance with FWCC Sec. 22-631. The minimum lot size per single family detached dwelling unit within the RS-15.0 zoning district is 15,000 square feet, as established by FWCC Sec. 22-631,Note 1. Therefore, the subject property does not meet the minimum lot size requirement of the underlying RS-15.0 zone. FWCC Sec. 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 property 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 FWCC Sec. 22-953(b)(1),there is no evidence that a residence has ever been located on the subject property. A retaining wall is located on the subject property (Exhibit D). This retaining wall was permitted by the City of Federal Way under building permit number BLD96-207 as "emergency landslide repair,"not as a component of a residence on the subject property(Exhibit E). Therefore, the subject property does not qualify under the exception provided by FWCC Sec. 22-953(b)(1). In regards to FWCC Sec. 22-953(b)(2), the property was reconfigured through a lot line adjustment approved by King County Building and Land Division on October 20, 1989 (Exhibit C). However, City records (Parcel Zoning Map and Metroscan property profiles) indicate that the same owner, Terel Keifer, currently owns the subject property (parcel number 119600 4380) and a contiguous lot(parcel number 119600 4380) in whole and in part(Exhibits F, G, and H). Therefore, the subject property does not qualify under the exception provided by FWCC Sec. 22-953(b)(2). Since the subject property does not qualify under the exceptions provided by FWCC Sec. 22-953(b), the applicant has requested a variance from the 15,000 square foot minimum lot size requirement in an RS-15.0 zoning district for the future construction of a single family detached dwelling unit on the existing non-conforming 12,000 square foot lot. Staff Report to the Hearing Examiner Thorstad/Keifer Lot Size Variance October 13,2000 Page 4 Federal Way File: 00-103440-00-UP IV. PUBLIC NOTICE AND COMMENT Pusuant to FWCC requirements, a Notice of Application for the variance request was published,posted, and distributed to property owners within 300 feet of the subject property on August 5, 2000. Pusuant to FWCC requirements, a Notice of Public Hearing for the variance request was published, posted, and distributed to property owners within 300 feet of the subject property on October 7, 2000. As of the date of this report, no written public comments regarding the variance application have been received. One phone call was received from a project neighbor, who indicated opposition to the variance request. V. THRESHOLD DETERMINATION OF ENVIRONMENTAL SIGNIFICANCE The granting of variances based on special circumstances is categorically exempt from environmental review pursuant to WAC 197-11-800(6)(b). VI. AGENCIES CONTACTED BY FEDERAL WAY As part of the variance request review by Federal Way staff, site visits were conducted, and the proposal was circulated to the Federal Way Community Development Review Committee (CDRC) consisting of the following agencies and City departments: • Federal Way Public Works Division; • Federal Way Building Division; • Federal Way Fire Department; and, • Lakehaven Utility District. CDRC comments have been incorporated into this report where applicable. VII. NEIGHBORHOOD CHARACTERISTICS The subject property is located in the Buenna subdivision in the northern portion of the City. The subject property is 12,000 square feet in area and has 100 feet of frontage on 7th Avenue SW, which is a public street paved and maintained by the City. 7th Avenue SW is a two lane local street with gravel shoulders. A full range of utilities and urban services are extended to the subject property and are available subject to applicable requirements for utility connection. Staff Report to the Hearing Examiner Thorstad/Keifer Lot Size Variance October 13,2000 Page 5 Federal Way File: 00-103440-00-UP Current uses of the surrounding area include the following: Subject Site: Vacant, with a retaining wall and driveway North: Single family residential, RS-15.0 zone South: Single family residential, RS-15.0 zone East: Single family residential, RS-9.6 zone West: Single family residential, RS-15.0 zone VIII. HEARING EXAMINER VARIANCE CRITERIA REQUIRED BY FWCC SECTION 22-198 The applicant has requested a variance from the 15,000 square foot minimum lot size requirement in an RS-15.0 zoning district, as required by Federal Way City Code Section 22-631 (Exhibit A). The applicant proposes the future construction of a single family detached dwelling unit on an existing non-conforming 12,000 square foot lot. The Hearing Examiner may approve the variance request only if all four variance decisional criteria of FWCC Section 22-198 are met. The applicant has provided a narrative response which discusses the variance decisional criteria relative to the proposal (Exhibit I). The criteria and the City response is provided in the following sections: 1. "The variance request will not constitute a grant of special privilege inconsistent with the limitations upon uses of other properties in the vicinity and zone in which the subject property is located:" City Response: The applicant has requested a variance from the 15,000 square foot minimum lot size requirement in an RS-15.0 zoning district for the future construction of a single family detached dwelling unit on the existing non-conforming 12,000 square foot subject property. The subject property fronts on 7th Avenue SW. The area across 7th Avenue SW to the east is within the RS-9.6 zoning district. The minimum lot size in the RS-9.6 zone is 9,600 square feet. Therefore, future construction of a single family dwelling unit on the 12,000 square foot subject property will be consistent with the existing single family development to the east. The subject property is located within a blockface that is generally formed by 7th Avenue SW on the east, SW 294th Street on the north, 9th Avenue SW on the west, and SW 296th Street on the south. It is important to note that portions of Staff Report to the Hearing Examiner Thorstad/Keifer Lot Size Variance October 13,2000 Page 6 Federal Way File: 00-103440-00-UP these platted rights of way have been vacated. However, this blockface forms the general vicinity in which the subject property is located. Seventeen(17)parcels are located within this blockface. Not including the subject property, the average lot size within the blockface is 14,780 square feet. The 12,000 square foot subject property is 81% of the average lot size within the blockface. However, of the sixteen(16)properties in the blockface other than the subject property, eight(8)parcels are less than 15,000 square feet. Therefore, one-half (50%) of the parcels within the blockface do not satisfy the 15,000 square foot minimum lot size requirement of the underlying RS-15.0 zone. The 12,000 square foot subject property is not be the smallest parcel on the blockface, since another parcel is 11,000 square feet. The 11,000 square foot parcel within the blockface is developed with a single family dwelling unit. Any future single family detached dwelling unit to be located on the subject property will be required to comply with all other development standards of the RS-15.0 zone as established by FWCC Sec. 22-631, including, but not limited to, building height, required yards, lot coverage, and parking. Additionally, future construction of a single family detached dwelling unit on the subject property will have to meet all applicable environmentally sensitive areas, stormwater, and street frontage improvement, and utility connection requirements, as well as building, fire, electrical, and plumbing codes. Therefore, granting the variance will not constitute a grant of special privilege inconsistent with the limitations upon uses of other properties in the vicinity and zone in which the subject property is located. 2. "That the variance is necessary because of special circumstances relating to the size,shape, topography, location or surroundings of the subject property to provide it with use rights and privileges allowed to other properties in the vicinity and zone in which the subject property is located." City Response: The subject property was reconfigured to its current size through a lot line adjustment approved by King County Building and Land Division on October 20, 1989 (Exhibit C). The lot line adjustment was recorded in 1989 as King County Records and Elections recording number 8911150801. The lot line adjustment occurred prior to the incorporation of the City of Federal Way and the adoption of the current Chapter 22, Zoning, of the Federal Way City Code. Staff Report to the Hearing Examiner Thorstad/Keifer Lot Size Variance October 13,2000 Page 7 Federal Way File: 00-103440-00-UP The variance request is to allow the future construction of a single family detached dwelling unit on the existing non-conforming 12,000 square foot lot. The proposal is consistent with the existing single family development within the RS-9.6 zone to the east. Additionally, one-half(50%) of the parcels within the blockface do not satisfy the 15,000 square foot minimum lot size requirement of the underlying RS-15.0 zone. Consequently, the proposal is consistent with the existing single family development located in the same blockface as the subject property. The applicant would need to add 3,000 square feet from contiguous parcels to the 12,000 square foot subject property through a lot line adjustment to meet the 15,000 minimum lot size of the RS-15.0 zone. The subject property is contiguous with four parcels. The areas of the contiguous parcels are as follows: 13,000 square feet, 17,000 square feet, 15,000 square feet, and 11,000 square feet. Therefore,the applicant is precluded from adjusting the lot lines of the subject property without resulting in non-conformance or increased non-conformance of the contiguous parcels with the minimum lot size requirement of the RS-15.0 zone. Therefore, the proposed single family use is consistent and compatible with rights allowed to other properties in the vicinity and zone of the subject property. The variance is necessary due to the special circumstances relating to size. 3. "That granting the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the subject property is located" City Response: The applicant has requested a variance from the 15,000 square foot minimum lot size requirement in an RS-15.0 zoning district for the future construction of a single family detached dwelling unit on the existing non-conforming 12,000 square foot subject property. However, any future single family detached dwelling unit to be constructed on the subject property will be required to comply with all other development standards of the RS-15.0 zone as established by FWCC Sec. 22-631, including, but not limited to, building height, required yards, lot coverage, and parking. Additionally, future construction of a single family detached dwelling unit on the subject property will have to meet all applicable environmentally sensitive areas, stormwater, and street frontage improvement, and utility connection requirements, as well as building, fire, electrical, and plumbing codes. Staff Report to the Hearing Examiner Thorstad/Keifer Lot Size Variance October 13,2000 Page 8 Federal Way File: 00-103440-00-UP The single family dwelling proposed to be built on the 12,000 square foot subject property will comply with all other aspects of FWCC and will be of similar size and character to those of the surrounding houses. As such, the granting of the requested variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the subject property is located. 4. "That the special circumstances of the subject property are not the result of the actions of the owner of the subject property." City Response: The subject property was reconfigured to its current size through a lot line adjustment approved by King County Building and Land Division on October 20, 1989 (Exhibit C). The intent of the lot line adjustment was to create a lot configuration that would result in the capacity to develop a single family dwelling unit without need for variance relief The lot line adjustment was approved although three (3) of the four lots involved did not meet the minimum lot size requirements of the zoning designation in place at the time of the application. The lot line adjustment was recorded in 1989 as King County Records and Elections recording number 8911150801. Because of common ownership of a contiguous lot, the subject property does not qualify under the lot size exceptions for detached dwelling units provided by FWCC Sec. 22-953(b). However, the lot line adjustment occurred prior to the incorporation of the City of Federal Way and the adoption of the current Chapter 22, Zoning, of the Federal Way City Code. Additionally,the applicants have owned the subject property since prior to the application for the lot line adjustment. The applicants have made no subsequent adjustments to the subject property or contiguous lot under common ownership. The applicant would need to add 3,000 square feet from contiguous parcels to the 12,000 square foot subject property through a lot line adjustment to meet the 15,000 minimum lot size of the RS-15.0 zone. The subject property is contiguous with four parcels. The areas of the contiguous parcels are as follows: 13,000 square feet, 17,000 square feet, 15,000 square feet, and 11,000 square feet. Therefore, the applicant is precluded from adjusting the lot lines of the subject property without resulting in non-conformance or increased non-conformance of the contiguous parcels with the minimum lot size requirement of the RS-15.0 zone. The applicant is constrained by the size of the lot resulting from the lot line adjustment that was approved by the agency with jurisdiction according to the standards and regulations in place at the time of approval. Since the time the lot lines were adjusted, the agency with jurisdiction has changed and new standards Staff Report to the Hearing Examiner Thorstad/Keifer Lot Size Variance October 13,2000 Page 9 Federal Way File: 00-103440-00-UP and regulations have been adopted. Therefore, the special circumstances of the subject property related to size are not the result of the actions of the owner of the subject property. XI. HEARING EXAMINER PROCESS IV DECISIONAL CRITERIA The Hearing Examiner may, after consideration of the entire matter on record, issue a decision with or without conditions, or a denial,pursuant to the FWCC. FWCC Sec. 22- 445(c) contains five decisional criteria which are used by the Hearing Examiner during Process IV review. The decisional criteria and staff response follow: 1. "It is consistent with the Comprehensive Plan." City Response: The City of Federal Way Comprehensive Plan(FWCP) contains goals and policies to help guide the orderly growth and development of the City. The FWCP, along with other documents, is used as a basis for implementing regulations and other City programs such as the State Environmental Policy Act (SEPA). The subject site is designated as Single Family - Medium Density Residential by the Federal Way Comprehensive Plan(FWCP), and zoned RS-15.0. An applicable policy in the FWCP Land Use Element is as follows: Land Use Policy LUP19 Consider special development techniques (examples omitted) in single family areas provided they result in residential development consistent with the quality and character of existing neighborhoods. The applicant is attempting to construct a single family dwelling unit which will be consistent with the size and character of those already in existence in the neighborhood. The previously constructed houses on non-conforming lots resulted in development that was consistent with the quality and character of the existing neighborhood. The requested variance from the minimum lot size in the RS-15.0 zone will enable the applicant to construct a single family dwelling unit consistent with others in the neighborhood. 2. "It is consistent with all applicable provisions of the Chapter and all other applicable laws." City Response: Staff Report to the Hearing Examiner Thorstad/Keifer Lot Size Variance October 13,2000 Page 10 Federal Way File: 00-103440-00-UP Upon review of the proposal, City departments and other consulted agencies offered no objections to the proposed variance in relation to all applicable development codes and regulations. Any future single family detached dwelling unit to be constructed on the subject property will be required to comply with all other development standards of the RS-15.0 zone as established by FWCC Sec. 22-631, including, but not limited to, building height, required yards, lot coverage, and parking. Additionally, future construction of a single family detached dwelling unit on the subject property will have to meet all applicable environmentally sensitive areas, stormwater, and street frontage improvement, and utility connection requirements, as well as building, fire, electrical, and plumbing codes. The variance request was found to be consistent with all applicable decisional criteria to approve the variance. 3. "It is consistent with the public health,safety and welfare." City Response: Upon review of the proposal, City departments and other consulted agencies offered no objections to the proposed variance in relation to all applicable development codes and regulations. Future development on the subject property will be required to conform to all applicable codes and regulations, which will ensure consistency with the public health, safety and welfare. 4. "The streets and utilities in the area of the subject property are adequate to serve the anticipated demand from the proposal." City Response: The subject property has 100 feet of frontage on 7th Avenue SW, a dedicated public road paved and maintained by the City. The capacity of 7th Avenue SW, which is classified as a local street, and the street network in the vicinity is sufficient to accommodate the demand from a single family detached dwelling unit on the subject property. S. "The proposed access to the subject property is at the optimal location of configuration for access." The subject property has 100 feet of frontage on 7th Avenue SW, a dedicated public road paved and maintained by the City. The configuration and slope of the subject property will allow for adequate access from 7th Avenue SW without adverse impacts to vehicular safety. Staff Report to the Hearing Examiner Thorstad/Keifer Lot Size Variance October 13,2000 Page 11 Federal Way File: 00-103440-00-UP X. FINDINGS OF FACT AND CONCLUSIONS Based on an analysis of the proposed actions and related decisional criteria, the Department of Community Development finds that: 1. The FWCP designation of the site is Single Family—Medium Density. Zoning of the site is Single Family Residential (RS-15.0). A single family detached dwelling unit is a permitted use within the RS-15.0 zone pursuant to FWCC Sec. 22-631. 2. The applicant proposes the future construction of a single family detached dwelling unit on the existing non-conforming 12,000 square foot lot, which does not meet the 15,000 square foot minimum lot size requirement in the RS-15.0 zone. 3. Variance requests are exempt from SEPA environmental review pursuant to WAC 197-11-800(6)(b). 4. The City has conducted an analysis of the required decisional criteria for the variance request from the 15,000 square foot minimum lot size requirement in the RS-15.0 zone. The analysis is incorporated here by reference as findings as though set forth in full. 5. Development of the site with a single family detached dwelling unit in conformance with the FWCP and all other applicable codes and regulations will ensure that the interest of the public's health, safety, and welfare are protected. XI. STAFF RECOMMENDATION Upon review of the variance application and pertinent decisional criteria,the Department of Community Development Services recommends APPROVAL of the variance request for the future construction of a single family detached dwelling unit on the existing non- conforming 12,000 square foot lot within the RS-15.0 zone. TRANSMITTED TO THE PARTIES LISTED HEREAFTER: 1. Federal Way Hearing Examiner 2. Applicants: David Thorstad and Terel Keifer, 406 South 289th Street, Federal Way, WA 98003 Staff Report to the Hearing Examiner Thorstad/Keifer Lot Size Variance October 13,2000 Page 12 Federal Way File: 00-103440-00-UP §22-615 FEDERAL WAY CITY CODE e 0 y s "8 1 I z :: 0o u 5� y .0 Ji g g Q �� I. m o . A - 1 Cl) CO w o $ � §^ � Z a 1�_ ij Ca 11 H w E �1gli g 5� s g rn :17 ▪ sssy �,yj . . FQ ii vi^oHNO1 .y, '"y1 r10N0 A a O,r A nmar.A C 55"JJ N 1yLt k yt t'i Q c. Z -• 4 a u� u(.4`o,4 7 3 •i d e,i t3 �i,G em 1 in O v 0 Cu Z N .7 LLB a�f .1 8 W P S33VdS DNnlavd °3 _ `r- > e o b W ! 03111nO3i1 b iriu z D ���1'1 N rr H N 9 _.' .�N M 2 a w vle Z . 3anuna.0 Y . .g o 401H013H 2 °j `O' g > .« a i 2 ' S ' C] y 30Ya3AOJ 1p 1 ' • = .. o% K. 6 gg z ct 3 aV3a o — u „ a so R 2 u IN (43)301S h O o a .Oy 1NOad 5 PIk N E y tr w es 2 1 N 321S.1.0•] s Q G N o �r7 Jam. ae w+ t a a Q C WE E SS33Oad M31A3a g > N rj ri a 0 .-, .� o 0 03alnd3a z I N 11 c E N w sNOLLr1nD I .O. d •1; • C N z I . 4+ "� o V 'e Cl) m Ii v * e 1 Supp. No. 17 1412 EXHIBIT A F G H J u. ry'fir \� •X S� f( /�y f F f b of a7v€7k A ..,. Y -I ha „, , ‘..,„,z .,,‘,,,,,, , , ..,,,,,, ,,, ,•L,i,,M-4fr------- --' .--- L'`--,„ 1 , :1::fk '`:'-'41i:2:',- ,% ,‘ : :-;,,,.:,,,:4.,v ' ,,,,,,,,,..,,,o,:,,,,,,,,,,,,,; 1 't 711' -r 6 r a : .rE tLl Ll4 LEJ Subject Properly I I. sit' � IIII 01999 Thomas Bros Maps H 7 . NW-Y-4, ‘I''' -—-. ', - -''''' -,---'',"., ' ‘^, 2131 74 C} .7.-- S Mt 293 RD: ST.. KING . `laT,;�I. 'FIDE.°APP WA ' - - c, 295TH" ■Lv... Subject Property SW 2 TH ST f - 0 ,,,„,,, 0 2 j - 0 7. SW 2977H, ST ¢ , ©1999 Thomas Bros.Maps H Vicinity Maps Subject Property: 29501 7th Avenue SW 8 EXHIBIT - 41A. A, lip) IL cauii 0 King County Rr_C E_!VE D Building and Land Development Division C LI 3600 - 136th Place Southeast 1 1 1999 Bellevue, VA 98006-1400 Tel. 296-6660 qq L. SUBU(VI;;!(,,/J CQUi�ii E;1 re�O Addrus City Terel A. Kei e 29505 7th AVE. S.W. Federal Ways, WA. 98023Plmne 941-4850 Lot D Owner's Name Terel A. Keifer 29505 7th A ddress .4 City Zip Phone AVE.S.W. Federal Way, WA. 98023 (206) 941-438`. Lot C Owner'sName Na Dan Taplin 715 S.W. 295thdSts FederalciWay, WA. 98b23 (20gir(i39-0865 100013111131 Source of water Sewage Disposal I certify that G Lot A 111111111111 Federal Way Federal Way the information / . . ® furnished by Lot i. t Lot D Federal Way Federal Way rectis rto the best Lot C Federal Way of my knowledge 4141W. Of Do Not Lot C Signe ore Related File Legal Description: Lot A Lots 17, In, 1.9, and 70, Clock 26, Plat of Buenna, together with the adjoining north 40 feet of S.W. 295th St. vacated as per S.C. 79-2-06873-0. 03 C 0 0 l.. Lot it — — -- -- _ _. Lots 1, 2, 3, and 4, Block 37, Plat of Buenna, together with the adjoining south 40 feet of. S.W. 295th St. vacated. Lot C Lots 5, 6, 7, and 8, Block 37, Plat of Buenna, together with the adjoining south 40 feet of S.W. 295th St. vacated. • F-271 — 2_ f,^- a J , COO II EXHIBIT - NORTH SCALE 5c7 /3/ aoI —— I Go' `,o' 1 =fr,' I /II 1,4'rf'N,61 1 . Z. 19 I If5 17 . . 147221 i -9 .i- ..7,14,.Z`/jf{1.71 �/y Il • 4 ---A.. q i � ,DOO _ 1_ /. r / I _ I ,/ I 1171iF{.4{ I I t° I 1 ii:14/ S�0p0 r I I il I I I 4 I R7 1 7 I if,po0 1 4° I � . i 1 '7 I z It I dA' 1,oa' Do Not Write Below This Line Approval is hereby granted 7crbie -:.. 0 Disapproved because: /g/41J( Q � (015 r� yl Da e NOTE: Approval of this adjustment does not11 assure the property owner that the subject property itself has satisfied the State and County sub- division 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. EXHIBIT �^ Ica, 2q -tir'51; �11 14 14712 I_ 4- , 1, gill -/- s • 1 f- ir- EXHIBIT C 1.4S ,V -. 1rx._• „ 01300, "ter_.•a � `°, .• --. 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'; �sp a : i' g'iriiie s gpyan< ,�, tt «yay ry `s , J� • »£ ". .�"' v"i ,"c" ..n 1."A w "� a fi � st • r W ..a 34 d ' 4 q4"' �'"' �§0�°�, �X,4]5• FA ..rY,,: .„b, i: : ,i,j; :�, R��v .,,:'ii;., Subject Property: 29501 7th Avenue SW Looking west from across 7th Avenue SW EXHIBIT 1)10 Se ,,,..:_,,,,,>, 1,--'''''-' ilitib- i ' k', Maya .$ w is �= mo I Subject Property: 29501 7th Avenue SW Looking south down 7th Avenue SW EXHIBIT Dept ."."--"'_ a'r •,rr SCGR'.,tkp•�p1Ar' r hl4 -r p (-7-• o 1••i ••� T • 7 '; I S a � • 1 r.e° M+• ' kJt F i'• r 7 - r m r, �o " m'.�-m to ram'c> •, o>• 't.U o'. -4 .,o'er -. tcy ,• ic n,•-••: w r ,r n "r3 �t TJ•�.R..U1''T�W (7 ~•`.. a •3o x•I+ w.o 3 c 3 c II .�.•.> -c •o r-1 m --c•rr- II' III..;', .n '. !s+ 7s o .ZI.;,ad •01'ti9iW k-t.: 7o r,A .-. u', NAvT .C3.Av> ZNm t r, ro . /, 3c c> Y1 . n '' • .•. ► C7 `.. 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S.W. , I� 1 CO S N 1: 1.14. : � ; a) ilt $ klirti 410 [:3 e L i cr) hr = M E T R O CAN PROPERTY ] O F I L E = King (WA) **************************************************************************************** * * * * * OWNERSHIP INFORMATION * * * * * * Parcel Number : 119600 4383 01 Q:NE S:06 T:21N R:04E * * Building Id # * * Parcel Type :Platted * * Owner/Taxpayer :Keifer & Thorstad * * CoOwner * * Site Address :*No Site Address* Federal Way * * Mail Address :406 S 289Th St Federal Way Wa 98003 * * Telephone :Owner:253-941-4385 Tenant: * * * * * * SALES AND LOAN INFORMATION * * * * * * Recording Date : Loan Amount * * Auditors Fee # : Lender * * Sale Price Loan Type • * Deed Type Interest Rate * * Owned Vesting Type * * * * * ASSESSMENT AND TAX INFORMATION * * * * * * Land :$89, 000 % Improved • * Structure 2000 Taxes :$1, 198. 68 * * Total :$89, 000 Exempt Code * * Levy Code :1205 Excise Tax # * * * * * * PROPERTY DESCRIPTION * * * * * * Census :Tract: Block: * * Map Grid :714 H7 * * Neighborhd Cd : 052014 * * Zoning Code :RS15. 0 * * Land Use :901 Vacant,Residential * * Legal :BLK 37 LOT POR BUENNA ADJ N 20 FT * * :OF LOTS 1 THRU 4 TGW VAC ST ADJ SD * * :LOTS TGW S 1/2 OF VAC ST ADJ LOTS * * Sub/Plat :Buenna Add * * Recording Num * * Short Plat * * Building Name * * Volume : 6 Page:29 * * Jurisdctn * * * * Profile-Page 1 of 2 * **************************************************************************************** EXHIBIT_ "er TI,- Inf':,rm.,tion Provided Is Deeni.-d Reliable, Rut Is Not Guaranteed. = M E T R O CAN PROPERTY P FILE _ King (WA) **************************************************************************************** * * * Parcel #: 119600 4383 Bldg Id #: * * * * * * PROPERTY CHARACTERISTICS * * * * * * Bedrooms 1st Floor SF Year Built * * Bath Full 2nd Floor SF Eff Year * * Bath 3/4 3+ Floor SqFt GarageType * * Bath 1/2 Half Floor SF Bsmnt Type * * Other Ems AboveGroundSF BsmntGrade * Dining Rm Finished SqFt Bldg Matl * Fireplace Fin Bsmnt SF Bldg Cond • * Appliance UnfinBsmnt SF Bldg Grade * * Deck BsmntTotal SF Wall Matt * * Porch Bsmnt Park SF % of Brick * * Pool Building SqFt % of Stone * * Spa Lease SqFt HeatSource * * Sauna Deck SgFt Heat Type * Tennis Carport SgFt ElectrcSvc * Stories AttachedGrgSF Wtr Source :Public * * Units DetachedGrgSF Sewer Type :Public * * Elevator Nuisance DesignType * * Mobile Home : No * * * * * * LAND INFORMATION VIEW INFORMATION STREET INFORMATION * * * * Lot Acres : .20 View :Yes St Surface :Paved * * Lot SqFt :9, 000 View City :Good St Access * * Lot Shape View Lake/River St Light • * Tde/Upind View Lk Wa/Samm Curb/Gutter * Topogrphy View Mountain Sidewalk * TopoProbs View Puget :Good * * Sprinkler * * Wtr Front Unit Mix 1 * * WtrFrntSF Unit Mix 2 • * GroundCvr :Even Unit Mix 3 * * Golf Adj Unit Mix 4 * * Unit Mix 5 * * * * * * Profile-Page 2 of 2 * **************************************************************************************** EXHIBIT 41. The Infnrmatinn Provided 15 Beamed Reliable, But Is Not Guaranteed. 47 = M E T R O ' A N PROPERTY P OFI L E = King (WA) **************************************************************************************** * * * * * OWNERSHIP INFORMATION * * * * * * Parcel Number : 119600 4380 04 Q:NE S:06 T:21N R:04E * * Building Id # : 1 * * Parcel Type :Platted * * Owner/Taxpayer :Keifer Terel * * CoOwner * * Site Address :29505 7Th Ave SW Federal Way 98023 * * Mail Address :406 S 289Th St Federal Way Wa 98003 * * Telephone :Owner:253-941-4385 Tenant:206-529-0263 * * * * * * SALES AND LOAN INFORMATION * * * * * * Recording Date : 06/04/1993 Loan Amount • * Auditors Fee # : 1722 Lender • * Sale Price Loan Type * * Deed Type :Quit Claim Interest Rate * * % Owned Vesting Type * * * * * * ASSESSMENT AND TAX INFORMATION * * * * * * Land :$99, 000 % Improved :58 * * Structure :$135, 000 2000 Taxes :$3,229. 14 * * Total :$234, 000 Exempt Code * * Levy Code :1205 Excise Tax # : 1311852 * * * * * * PROPERTY DESCRIPTION * * * * * * Census :Tract: 301.00 Block: 9 * * Map Grid :744 H1 * * Neighborhd Cd : 052014 * * Zoning Code :RS15.0 * * Land Use : 101 Res, Single Family Residence * * Legal :BLK 37 LOT 1 THRU 4 BUENNA ADD * * :LOTS 1 THRU 4 LESS N 20 FT THOF * * :AKA LOT B KCLLA 8904008 APPROVED * * Sub/Plat :Buenna Add * * Recording Num * * Short Plat * * Building Name * * Volume :6 Page:29 * * Jurisdctn * * * * Profile-Page 1 of 2 * **** ************************************************************************************ EXHIBIT 114 ° I The Information Provider) Is rl mimed Rediahle, But Is Not Guaranteed. = M E T R ( CAN PROPERTY P ) F I L E = King (WA) **************************************************************************************** * * * Parcel #: 119600 4380 Bldg Id #:1 * * * * * * PROPERTY CHARACTERISTICS * * * * * * Bedrooms :3 1st Floor SF : 1,420 Year Built :1978 * * Bath Full : 1 2nd Floor SF Eff Year * * Bath 3/4 : 1 3+ Floor SqFt GarageType :Basement * * Bath 1/2 : 1 Half Floor SF Bsmnt Type :Daylt * * Other Rms :1 AboveGroundSF : 1,420 BsmntGrade * * Dining Rm : 1 Finished SqFt :1, 420 Bldg Matl * * Fireplace :2 Fin Bsmnt SF Bldg Cond :Vy Good * * Appliance UnfinBsmnt SF :1,420 Bldg Grade :Avg * * Deck :Yes BsmntTotal SF :1, 420 Wall Matl * * Porch Bsmnt Park SF :400 % of Brick * * Pool Building SqFt :2, 840 % of Stone * * Spa Lease SqFt HeatSource :Electric * Sauna Deck SqFt :290 Heat Type :Forced * * Tennis Carport SqFt ElectrcSvc * * Stories : 1 AttachedGrgSF Wtr Source :Public * * Units DetachedGrgSF Sewer Type :Public * * Elevator Nuisance DesignType * * Mobile Home : No * * * * * * LAND INFORMATION VIEW INFORMATION STREET INFORMATION * * * * Lot Acres : .25 View :Yes St Surface :Paved * * Lot SqFt : 11, 000 View City :Good St Access * * Lot Shape View Lake/River St Light * * Tde/Upind View Lk Wa/Samm Curb/Gutter : * * Topogrphy View Mountain Sidewalk * TopoProbs View Puget :Good * * Sprinkler * * Wtr Front Unit Mix 1 * * WtrFrntSF Unit Mix 2 * * GroundCvr :High Unit Mix 3 * * Golf Adj Unit Mix 4 * * Unit Mix 5 * * * * * * Profile-Page 2 of 2 * **************************************************************************************** EXHIBIT 161•31, The Information Provided Is Deemed Reliable, But Is Not Guaranteed. Criteria: 1 That the variance will not constitute a grant of special privilege inconsistent with the limitations upon uses of • other properties in the vicinity and zone in which the subject property is located. Response: There are 26 properties within a 300 foot radius of the subject lot. City regulations require notification of these property owners in regard to our requested variance. 9 of the notified owners,nearly 35%of the total, live in homes that have been constructed on substandard lots.None of this 35%,exactly 0%of these owners,have been required to seek the variance that we are forced to seek here today. The subject lot lies within Section 6, Township 21, Range 4. There are 135 homes, in this section alone,that have been built on substandard lots. Our estimation is that again 0%of these owners have been required to seek such a variance.The reason that we are forced to pursue this variance is not because we are looking for"a grant of special privilege..."Quite to the contrary, it is because city officials have denied us the right to build on property that was segregated prior to city incorporation. The city code seeks to retroactively apply its regulations to a land use action that was approved by King County, under its jurisdiction,and"pursuant to all applicable laws,ordinances and regulations then in effect,"one year prior to city incorporation. If the constitutionality of this particular regulation has not been contested to date,then it's time has certainly come in regard to this property. Criteria: 2 That the variance is necessary because of special circumstances relating to the size,shape,topography, location, or surroundings of the subject property to provide it with use rights and privileges permitted to other properties in the vicinity and zone in which the subject property is located. ' Response: Considering the size of the abutting properties and the access easement which abuts to the west, it is impossible to add the"required"3000 square•reet as city officials have suggested. Criteria: 3 That the granting of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the subject property is located. Response: The development of the other substandard lots in the area,as discussed in criteria number 1, has presumably not been seen as detrimental or injurious by the public who inhabit those homes. It would be hard to understand how the development of this lot could now be seen as detrimental or injurious.To the contrary it seems that developing this lot could only result in added tax revenue in the city's coffers, and as further adherence to the city's commitment to the Growth Management Act. Criteria:4 That the special circumstances of the subject property are not the result of the actions of the owner of the subject property. Response: The owners of the subject property admit that they lack a propensity for clairvoyance. In our wildest imagination we could not foresee a city government that would seek to undo a land use action approved "pursuant to all applicable laws,ordinances and regulations then in effect."Nor could we foresee a city government that would seek to punish it's citizens for holding on to a real estate investment beyond the date of incorporation. Quite simply we were assured by the King County Subdivision Department that the lots we were creating were legal building lots. • EXHIBIT CITY OF • N)� CITY HALL 33530 1st Way South (253) 661-4000 PO Box 9718 Federal Way, WA 98063-9718 AFFIDAVIT OF DISTRIBUTION 1, jhLL41€4GiLe hereby declare, under penalty of perjury of the laws of the State of Washington, that a: ❑ Notice of Land Use Application/Action ❑ Land Use Decision Letter ❑ Notice of Determination of Significance ❑ FWCC Interpretation (DS) ❑ Notice of Public Hearing before the ❑ Notice of Determination of Hearing Examiner Nonsignificance and Scoping Notice ❑ Notice of Planning Commission Public ❑ Notice of Environmental Determination Hearing of Nonsignificance (SEPA, DNS) Notice of LUTC/CC Public Hearing ❑ Notice of Environmental Mitigated Determination of Nonsignificance (SEPA, ❑ Notice of Application for Shoreline MDNS) Management Permit ❑ Notice of Land Use Application & ❑ Shoreline Management Permit Anticipated DNS/MDNS 9C Other A&/C6 0,4 PC1SL(6 L 0 u$C` /091C/i C, was mailed/faxed/ /at/at each of following addresses (see attached) on 0(--- (a , 2000. i ,vW C6 l)$ Project Name OD t O 31-1 1-f Q 0 -- Do U P File Number(s) 7/10051 /k /j- -"Th2. L = V/-_( Signature (24_ C- /A_(0k—a Date /d 'U U K:\CD Admin Files\Affidavit of Distribution.doc/Lost printed October 6,LUUU 8:41 AM CITY OF G • N)� CITY HALL 33530 1st Way South (253) 661-4000 PO Box 9718 Federal Way, WA 98063-9718 NOTICE OF PUBLIC LAND USE HEARING THORSTAD/KEIFER LOT SIZE VARIANCE Notice is hereby given that a public hearing will be held by the City of Federal Way Land Use Hearing Examiner at approximately 2:00 p.m. on October 24,2000, in the Federal Way City Council Chambers, 33530 First Way South, PO Box 9718, Federal Way, WA 98063-9718. File Number: 00-103440-00-UP Topic: The applicant has requested a variance from the 15,000 square foot minimum lot size requirement in an RS-15.0 zoning district, as required by Federal Way City Code (FWCC) Section 22-631. The applicant proposes the future construction of a single family detached dwelling unit on an existing non-conforming 12,000 square foot lot. Variances from provisions of the FWCC Chapter 22 are subject to Process IV,Hearing Examiner Decision. Project Location: 29501 7th Avenue SW, Federal Way, WA Applicant: David Thorstad City Contacts: Tim McHarg, AICP, Contract Senior Planner,206.297.2106 Greg Fewins, Principal Planner,253.661.4108 Any person may participate in the public hearing by submitting written comments to the Hearing Examiner,either by delivering these comments to the Department of Community Development Services prior to the hearing, giving them directly to the Hearing Examiner at the hearing, or by appearing in person, or through a representative, at the hearing and presenting public testimony. Written comments should be addressed to: Department of Community Development Services(33530 First Way South,PO Box 9718,Federal Way, WA 98063-9718). The Hearing Examiner will issue a decision on the application within 10 working days after the close of the hearing. Only persons who submit written or oral comments to the Hearing Examiner may request a reconsideration of the Hearing Examiner's decision. The application for the proposal is to be reviewed under applicable codes, regulations, and policies of the City of Federal Way. The Official File is available for review during working hours(Monday through Friday, 8:00 a.m.to 5:00 p.m.) in the Department of Community Development Services. Staff reports will be available for review one week before the hearing. Document ID#12022 V Vicinity Map: 29501 7th Ave S W , „ 1 ,___ ii ________ 1 - ___r--_ F1_- -_-__ r_sti___ a, sti ( r _1 _.k-_ ---1--1 ' ? C . CITY OF • EIDEIZFIL \)\) Fry CITY HALL 33530 1st Way South (253) 661-4000 PO Box 9718 Federal Way, WA 98063-9718 AFFIDAVIT OF DISTRIBUTION I, DAT F • L -ebT ►YUk hereby declare, under penalty of perjury of the laws of the State of Washington, that a: ❑ Notice of Land Use Application/Action ❑ Land Use Decision Letter ❑ Notice of Determination of Significance ❑ FWCC Interpretation (DS) ❑ Notice of Public Hearing before the ❑ Notice of Determination of Hearing Examiner Nonsignificance and Scoping Notice ❑ Notice of Planning Commission Public ❑ Notice of Environmental Determination Hearing of Nonsignificance (SEPA, DNS) ❑ Notice of LUTC/CC Public Hearing ❑ Notice of Environmental Mitigated Determination of Nonsignificance (SEPA, ❑ Notice of Application for Shoreline MDNS) Management Permit ❑ Notice of Land Use Application & ❑ Shoreline Management Permit Anticipated DNS/MDNS Other Ncr"t PO,I l c, Land lisp Nec fi ✓tG J was mailed/faxed/posted to/at each of following addresses (see attached) on I 0 - , 2000. Project Name )9t50\ '4) A e S W File Number(s) 00 " ( Djyt1D - 00' UP Signature b\ et • C1 LhQP ,f.vJ2 Date I 0 0 K:\CD Admin files\Affidavit of Distribution.doc/Last printed October 6,2000 8:41 AM CITY OF G • - = - EDE \)v Firy CITY HALL 33530 1st Way South (253) 661-4000 PO Box 9718 Federal Way, WA 98063-9718 NOTICE OF PUBLIC LAND USE HEARING THORSTAD/KEIFER LOT SIZE VARIANCE Notice is hereby given that a public hearing will be held by the City of Federal Way Land Use Hearing Examiner at approximately 2:00 p.m. on October 24,2000, in the Federal Way City Council Chambers, 33530 First Way South, PO Box 9718,Federal Way, WA 98063-9718. File Number: 00-103440-00-UP Topic: The applicant has requested a variance from the 15,000 square foot minimum lot size requirement in an RS-15.0 zoning district, as required by Federal Way City Code (FWCC) Section 22-631. The applicant proposes the future construction of a single family detached dwelling unit on an existing non-conforming 12,000 square foot lot. Variances from provisions of the FWCC Chapter 22 are subject to Process IV, Hearing Examiner Decision. Project Location: 29501 7th Avenue SW,Federal Way, WA Applicant: David Thorstad City Contacts: Tim McHarg,AICP,Contract Senior Planner,206.297.2106 Greg Fewins, Principal Planner,253.661.4108 Any person may participate in the public hearing by submitting written comments to the Hearing Examiner,either by delivering these comments to the Department of Community Development Services prior to the hearing, giving them directly to the Hearing Examiner at the hearing, or by appearing in person,or through a representative,at the hearing and presenting public testimony. Written comments should be addressed to: Department of Community Development Services(33530 First Way South,PO Box 9718, Federal Way, WA 98063-9718). The Hearing Examiner will issue a decision on the application within 10 working days after the close of the hearing. Only persons who submit written or oral comments to the Hearing Examiner may request a reconsideration of the Hearing Examiner's decision. The application for the proposal is to be reviewed under applicable codes, regulations, and policies of the City of Federal Way. The Official File is available for review during working hours(Monday through Friday, 8:00 a.m.to 5:00 p.m.)in the Department of Community Development Services. Staff reports will be available for review one week before the hearing. Document ID#12022 Vicinity Map: 29501 7th Ave SW El: s 95th st › - /1- 1 _Sw29BTh St_ -- \ r OF FEDERAL.WAY ;530 1 st Way South leral Way,WA 98003 119600-4395-07 JONES DAVID T 451790 PO EOX 5323 REDONDO WA 98054 Y OF FEDERAL WAY 13530 1st Way South :deral Way,WA 98003 119600-4390-02 MCDANIEL BRUCE C JOANNE 630463 812 SW 296TH ST FEDERAL WAY WA 98023 Y OF FEDERAL,WAY 3530 1 st Way South deral Way,WA 9800 Ralph Carr 720 S.W. 295th St. Federal Way, Wa 98023 33u • 44 f OF FEDERAL WAY 3530 1st Way South ieral Way,WA 98003 119600-4385-09 LIGHTNER GENE & JANET 802759 706 SW 296TH ST FEDERAL WAY WA 98023 530 1 st Way South eral Way,WA 98003 115600-4386-08 ANDERSEN GORDON H+EDWINA 269999 714 SW 296TH ST FEDERAL WAY WA 98023 OF FEDERAL WAY - ----- -;530 1 st Way South leral Way,WA 98003 119600-4387-07 HEWITT ALAN E 411635 802 SW 296TH FEDERAL WAY WA 98023 yr rtDERAL WAY t530 1st Way South leral Way,WA 98003 119600-4382-02 ERICCSON ROGER & BARBARA 702463 803 SW 295TH ST FEDERAL WAY WA 98023 x* OF FEDERAL WAY 301 st Way South ral Way, `NA 98003 119600-4381-03 THOMAS DAVID B+CAROL L 949999 715 SW 295TH ST FEDERAL WAY WA 98023 way, WA 98003 119600-4380-04 KEIFER TEREL 570250 406 5 289TH ST FEDERAL WAY WA 98003 • Y of FEDERAL WAY 4.44 3530 1st Way South deral Way,WA 98003 119600-4260-09 DILLARD LARRY D+PATTIE A 130202 29516 7TH AVE SW FEDERAL WAY WA 98023 r of FEDERAL Wily 1530 1st Way South leral Way, WA 98003 119600-4340-03 ANTHONY PETER J+KATHERINE E771518 29520 7TH AVE SW FEDERAL WAY WA 98023 V OF FEDERAL WAY 3530 1 st Way South feral Way, WA 98003 119600-4270-07 LOONEY WILLIAM A 91F004 PO BOX 66098 SEATTLE WA 98166 44. 'OF FEDERAL WAY 530 1 st Way South eral Way,WA 98003 119600-2985-07 KELLS-MURPHY GORDON 639999 29424 7TH AVE SW FEDERAL WAY WA 98023 Y OF FEDERAL WAY 3530 1st Way South deral Way,WA 98003 119600-2950-08 GUECO ROLANDO E MARIA L 141835 29410 7TH AVE SW FEDERAL WAY WA 98023 (Y OF FEDERAL WAY 33530 1st Way South :deral Way,WA 98003 119600-2940-01 BUCKHOLZ PATRICK E JENNIFER5S1730 3315 SW 330TH ST FEDERAL WAY WA 98023 44 OF FEDERAL WAY �* 3530 1st Way South ieral Way, WA 98003 119600-2937-06 BERFIELD JEFFREY L+SUSAN M 969999 11427 30TH PL SW SEATTLE WA 98146 35301 st Way South feral Way,WA 98003 119600-2938-05 NAIDU PERMAL+ALGAMMA 261722 633 SW 295TH ST FEDERAL WAY WA 98023 »v I bL way JOUtf :ral Way,WA 98003 119600-2939-04 RIDDELL SHARON L 674170 2816 SW 300TH PL FEDERAL WAY WA 98023 ✓OF FEDERAL WAY 4.4 3530 1st Way South feral Way,WA 98003 11960G-2795-07 LANG KENNETH E 829999 29417 7TH AVE SW FEDERAL WAY WA 98023 4 Y OF FEDERAL WAY 3530 1st Way South deral Way,. WA 98003 119600-2794-08 CARR SHARON 9N9999 323 BROADWAY CE 1211 SEATTLE WA 98102 decal Way,WA 98003 11960G-2792-00 THOMPSON GEORGE L+DAPHNE MA629999 29411 7TH AVE SW FEDERAL WAY WA 98023 'OF FEDERAL WAY 5301 st Way South feral Way,WA 98003 119600-2775-01 FISHER JUDY (BRUCE) 980229 618 SW 295TH ST FEDERAL WAY WA 98023 353U 1st waywuu,- Jera1 Way;WA 98003 119600-2785-09 JENSEN T CONSTRUCTION INC 031632 JENSEN T C MAZZUCA-JENSEN K PO BOX 1326 98027 ISSAQUAH WA fY OF FEDERAL WAY 33530 1 st Way South :deral Way,WA 98003 119600-2790-02 ANDREWS BRENDA G 939999 714 295TH ST SW FEDERAL WAY WA 98023 Y OF FEDERAL WAYCim ;3530 1 st Way South :deral Way,WA 98003 119600-2660-C9 PISTER JAMES D+VIRGINIA M 179999 902 SW 295TH ST FEDERAL WAY WA 98023 Y OF FEDERAL WAY * ; 3530 1 st Way South feral Way,WA 98003 119600-2760-08 SANKRITHI MITHRA 6 USHA 013515 832 SW 295TH ST FEDERAL WAY WA 98023 tY OF FEDERAL WAY '' 33530 1st Way South :deral Way,WA 98003 119600-2765-03 SANKIIITHI MITHRA E USHA 013515 832 SW 295TH ST FEDERAL WAY WA 98023 e ■ L A ■4 • 7 J c • i—i a) .r' 3 a) a> 3 < oC � o xNwa, o Q, G fu � � OIn (9 V 4' CITY OF _•- (253)661-4000 ' ' IRy 33530 1ST WAY SOUTH FEDERAL WAY,WA 98003-6210 AFFIDAVIT OF DISTRIBUTION I ( /„4„1,:2 hereby declare, under penalty of perjury of the laws of the State of Washington at a: ❑ Notice of Land Use Application 0 Notice of Land Use Action ❑ Notice of Determination of Significance X Notice of Public Hearing before the (DS) Hearing Examiner ❑ Notice of Determination of D Notice of Planning Commission Public Nonsignificance and Scoping Notice Hearing ❑ Notice of Environmental Determination ❑ Notice of LUTC/CC Public Hearing of Nonsignificance (SEPA, DNS) 0 Notice of Application for Shoreline ❑ Notice of Environmental Mitigated Management Permit Determination of Nonsignificance (SEPA, MDNS) 0 Shoreline Management Permit ❑ Other was maile /faxed posted to/at each of following addresses (see attached) on (�(r =C,e_ y , 2000. Project Name 7n) j/Q ,,_ t/„, , File Number(s) Ori -703(HO•-66 -k /? Signature �� , ,,� Date lci q -e) K:\COMMON.AD\AFFIDAVIT OF DISTRIBUTION.DOC CITY OF G •_ VvFII.Vr CITY HALL 33530 1st Way South (253) 661-4000 PO Box 9718 Federal Way, WA 98063-9718 NOTICE OF PUBLIC LAND USE HEARING THORSTAD/KEIFER LOT SIZE VARIANCE Notice is hereby given that a public hearing will be held by the City of Federal Way Land Use Hearing Examiner at approximately 2:00 p.m. on October 24,2000, in the Federal Way City Council Chambers, 33530 First Way South,PO Box 9718, Federal Way, WA 98063-9718. File Number: 00-103440-00-UP Topic: The applicant has requested a variance from the 15,000 square foot minimum lot size requirement in an RS-15.0 zoning district, as required by Federal Way City Code (FWCC) Section 22-631. The applicant proposes the future construction of a single family detached dwelling unit on an existing non-conforming 12,000 square foot lot. Variances from provisions of the FWCC Chapter 22 are subject to Process IV, Hearing Examiner Decision. Project Location: 29501 7th Avenue SW, Federal Way, WA Applicant: David Thorstad City Contacts: Tim McHarg, AICP, Contract Senior Planner, 206.297.2106 Greg Fewins,Principal Planner,253.661.4108 Any person may participate in the public hearing by submitting written comments to the Hearing Examiner, either by delivering these comments to the Department of Community Development Services prior to the hearing, giving them directly to the Hearing Examiner at the hearing, or by appearing in person, or through a representative, at the hearing and presenting public testimony. Written comments should be addressed to: Department of Community Development Services(33530 First Way South,PO Box 9718, Federal Way, WA 98063-9718). The Hearing Examiner will issue a decision on the application within 10 working days after the close of the hearing. Only persons who submit written or oral comments to the Hearing Examiner may request a reconsideration of the Hearing Examiner's decision. The application for the proposal is to be reviewed under applicable codes, regulations, and policies of the City of Federal Way. The Official File is available for review during working hours(Monday through Friday, 8:00 a.m. to 5:00 p.m.) in the Department of Community Development Services. Staff reports will be available for review one week before the hearing. Document ID#12022 CITY OF FEDERAL WAY TD :253-661-4048 OCT 04 '00 12 :26 TRANSMIT CONFIRMATION REPORT NO . 002 RECEIVER 99255750 TRANSMITTER CITY OF FEDERAL WAY DATE OCT 04 '00 12 : 26 DURATION 01 '08 MODE STD PAGES 02 RESULT OK COVER SHEET FAX To: i�CX� y► - Fax #: From: f�,,� Date: Subject: / � AJ Pages: o , including this cover sheet. COMMENTS: 4- C/6 -7-ce-- art t 2 e"74.a.4e___/). _"2,1)-W Mayor Councilmembers City of Federal Way Michael Park Jeanne Burbidge 33530 First Way South Mary Gates Federal Way, WA 98003 City Manager Michael Hellickson David Moseley Linda Kochmar 253-661-4000 Dean McColgan Fax: 253-661-4048 Phil Watkins www.ci.federal-way.wa.us 4 76 Wn. App. 357 Page 16 884 P.2d 1339 (Cite as: 76 Wn. App. 357) Chester Hoberg, et al, Respondents, v. The City of Bellevue, et al, Appellants. 33125-6-I Court of Appeals of Washington, Division One December 15, 1994 HEADNOTES Municipal Corporations--Ordinances--Construction--Question of Law or Fact. (1) The interpretation of a local ordinance is an issue of law. Municipal Corporations--Ordinances--Construction--Review--Standard of Review. (2) An appellate court reviews a trial court's interpretation of a local ordinance de novo under the contrary to law standard. Statutes--Construction--Administrative Construction--Deference to Agency-- Ambiguity--Necessity. (3) A court will not give considerable deference to the construction of a statutory provision by the agency charged with its enforcement unless the provision is ambiguous. Statutes--Construction--Administrative Construction--Court's Ultimate Responsibility. (4) Although a court will give considerable deference to the construction of an ambiguous statutory provision by the agency charged with its enforcement, it is ultimately for the court to determine the purpose and meaning of the provision. Zoning--Variance--Area Variance--What Constitutes. (5) An area variance is one that does not change the specific land use but provides relief from dimensional requirements such as setback, yard size, lot coverage, frontage, or height restrictions. Zoning--Variance--Area Variance--Conditions--Use Permit--Status as Use Variance. (6) An area variance does not become a use variance merely because it is conditioned on the property owner's obtaining a further permit from a different agency. Zoning--Variance--Area Variance--Purchase With Knowledge of Area Restrictions. (7) The fact that a purchaser bought property with actual or constructive knowledge of area restrictions does not, by itself,justify the denial of a variance. The purchaser acquires no less right to a variance than held by the seller unless the claimed hardship arose out of the purchase itself. Appeal--Disposition of Cause--Matters Considered. (8) An appellate court need not decide all the issues raised by the parties on appeal, but only those that are determinative. *358 Nature of Action: Property owners sought judicial review of a city's denial of a variance to allow them to build a house on their property. Superior Court: The Superior Court for King County, No. 91-2-25989-5, Peter Jarvis, J., on June 24, 1993, entered a judgment requiring that the city issue a variance subject to certain conditions. Copr. ©West 2000 No Claim to Orig. U.S. Govt. Works 76 Wn. App. 357 Page 17 (Cite as: 76 Wn. App. 357, *358) Court of Appeals: Holding that the plaintiffs' application satisfied the area variance criteria established by the city code, the court affirms the judgment. Richard B. Sanders, for respondents. Patrice C. Cole, for appellants. Becker, J. We affirm the Superior Court's decision that the City of Bellevue must grant a variance to Chester and Janice Hoberg allowing them to build a house on their nonconforming lot. The denial of the variance by the City's Board of Adjustment resulted from an interpretation of the Bellevue Land Use Code that is contrary to law. I Under the Bellevue Land Use Code (BLUC), the minimum lot size for single- family medium density housing is 10,000 square feet. In July 1990, the Respondents (Hoberg) purchased a nonconforming triangular-shaped vacant lot measuring 7,391 square feet on Bellevue Way S.E., where they planned to build a house. The code requires a front yard setback of 60 feet and a rear setback of 25 feet. The small size, atypical shape and sloped terrain, in combination with the setback requirements, constrict the buildable area of Hoberg's lot to a triangle of 624 square feet. What Hoberg could build on his lot, without a variance, would be a narrow 3-story tower, inconsistent with the character of surrounding houses. The front yard setback is not subject to variance. Hoberg applied to the City's Design and Development Department for a variance reducing the rear yard setback from 25 to 15 *359 feet. The requested variance would virtually double the buildable area on the lot. The buildable area would then extend into slopes at the back of the lot. These slopes fall within the City's designation as 'protected area' because of their steepness or potential instability. The Design and Development Department approved Hoberg's application for the 10-foot reduction in the rear setback. One condition of its approval of the variance was that Hoberg obtain a permit from the Storm and Surface Water Utility, a different department, to exempt part of the slopes on his lot from protected area status. Such an exemption may be obtained if the applicant meets certain requirements to assure long-term slope and soil stability with minimum maintenance. Because citizens submitted objections, the application went on to the City's Board of Adjustment for a public hearing. The code requires the board to vote, publicly, on each of eight criteria for variances set forth in the code. On October 1, 1991, the board denied the variance after failing to achieve a majority vote on two of the eight criteria, A and E. Hoberg sought a writ of review challenging the board's denial of his variance application. The Superior Court held a hearing on August 12, 1992, and remanded the matter to the board for entry of specific findings on criteria AandE. On June 23, 1993, the court again reviewed the board's proceedings, including the specific findings, and ordered the City to grant Hoberg's variance application subject to the conditions initially recommended by the Design and Development Department. It is from this order and decision that the City appeals. II (1, 2) Interpretation of the code's variance criteria is a matter of law, which the appellate court, like the trial court, reviews de novo under the contrary to law standard. Freeburg v. Seattle, 71 Wn. App. 367, 371, 859 P.2d Copr. ©West 2000 No Claim to Orig. U.S. Govt. Works 76 Wn. App. 357 Page 18 (Cite as: 76 Wn. App. 357, *359) 610 (1993); RCW 7.16.120(3). (3, 4) The City urges us to defer to the board's interpretation of the variance ordinance. Considerable judicial deference *360 should be given to the construction of an ordinance by the agency charged with its enforcement. Citizens for a Safe Neighborhood v. Seattle, 67 Wn. App. 436, 440, 836 P.2d 235 (1992), review denied, 120 Wn.2d 1020 (1993). But this rule of statutory construction applies only when the law being interpreted is ambiguous, and even then, the agency's interpretation is not 'absolutely controlling' on the court. Hama Hama Co. v. Shorelines Hearings Bd., 85 Wn.2d 441, 448, 536 P.2d 157 (1975). It is ultimately for the court to determine the purpose and meaning of the law. Overton v. Economic Assistance Auth., 96 Wn.2d 552, 555, 637 P.2d 652 (1981). Having given due weight to the board's construction of the variance ordinance, we conclude criteria A and E are not susceptible to the board's interpretation of them. Criterion A permits a variance if it will not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and Land Use District in which the property on behalf of which the application was filed is located[.] BLUC 20.30G.140(A). (5) Criterion A restricts the granting of use variances. The City argues that relief from setback is among the use variances that criterion A prohibits. This interpretation is contrary to law. Relief from setback is a classic example of an area variance, as opposed to a use variance. An area variance is one which does not change the specific land use but provides relief from dimensional requirements such as setback, yard size, lot coverage, frontage or height restrictions. 3 Robert M. Anderson, American Law of Zoning §20.07 (3d ed. 1986); 4 Washington State Bar Ass'n, Real Property Deskbook §80.40, at 80- 25 (2d ed. 1986); see, e.g., Douglass v. Spokane, 25 Wn. App. 823, 826, 609 P.2d 979, review denied, 94 Wn.2d 1006 (1980). In seeking relief from a dimensional requirement, Hoberg was not proposing a use inconsistent with the single- family medium density classification for his property. The board's own findings state that Hoberg's proposed residential use is consistent with the City's comprehensive plan, 'encouraging *361 development which is of residential scale and character along Bellevue Way S.E.' (6) The City further argues that the words 'limitation upon uses' in criterion A include the protected area status of the slopes at the back of the lot. Criterion A cannot be read as authorizing the board to reject a variance in order to protect the slopes. Allowing the buildable area to extend into the slopes grants Hoberg no special privilege as compared to neighboring property owners. Under the code, any property owner may seek an exemption from protected area status from the Storm and Surface Water Utility. This procedure is separate from a variance application. The Storm and Surface Water Utility, not the board, has the responsibility of deciding whether to permit construction on the slopes of Hoberg's lot. An area variance does not become a use variance, forbidden by criterion A, merely because it is conditioned on obtaining a further permit that depends on the stability of soils at the building site. In short, Hoberg's application did not propose a use variance. The board erred in denying Hoberg's application as contrary to criterion A. Criterion E permits a variance if [t]he special circumstances of the subject property are not the result of the actions of the applicant[.] BLUC 20.30G.140(E). Criterion E applies to circumstances such as those in Lewis v. Medina, 87 Wn.2d 19, 548 P.2d 1093 (1976). In Copr. ©West 2000 No Claim to Orig. U.S. Govt. Works • 76 Wn. App. 357 Page 19 (Cite as: 76 Wn. App. 357, *361) Lewis, the court upheld the denial of a variance where the hardship was self-inflicted because the owners of the property had participated in the subdivision that created the substandard parcel. Lewis, at 23. Here, the Board concluded that the lot's special circumstances resulted from Hoberg's actions because it found he either knew or should have known about the setback requirements in 1990 when he bought the lot. (7) Buying a lot with awareness of its special circumstances does not, by itself, cause those special circumstances. If it did, the purchaser of a nonconforming lot could *362 never be granted an area variance. Yet, the very purpose of a variance ordinance is to allow exceptions, typically to area requirements, so that in appropriate circumstances, nonconforming lots can be developed. Real Property Deskbook§80.35, at 80-20; §80.39, at 80-25; see, e.g., RCW 36.70.020(14). The law further recognizes that if the prior owner would have been entitled to a variance at the time . . . the zoning ordinance restriction was enacted, the right is not lost to a purchaser simply because he bought with knowledge of the regulation. In other words, because a purchaser of property acquires no greater right to a variance than his predecessor, he should not be held to acquire less. (Footnotes omitted.) 3 Arden H. &Daren A. Rathkopf, Zoning and Planning§ 38.06, at 38-75 (4th ed. 1988). Accordingly, we hold the mere fact that a purchaser buys with actual or constructive knowledge of area restrictions does not, without more,justify the denial of a variance. A subsequent purchaser can stand in the shoes of the original owner with respect to a variance, so long as the claimed hardship does not arise out of the purchase itself. E.g., Marlowe v. Zoning Hearing Bd., 52 Pa. Commw. 224, 233, 415 A.2d 946, 950-51 (1980). Whether criterion E should require the denial of a variance to a purchaser from an unrelated vendor whose action caused the lot to be nonconforming is a question not before us. In the present case, there is no evidence that either Hoberg or his predecessors subdivided the lot from a larger parcel under the present code, or did anything to create the lot's special circumstances. Neither the requirement for a minimum lot size of 10,000 square feet nor the setback requirements were in effect when former owners created the lot in 1946. The board erred in denying Hoberg's application as contrary to criterion E. The City does not dispute that the application met the six other criteria. [FN1] *363 FN1. The ordinance provides, 'The decision maker may approve or approve with modifications an application for a variance from the provisions of the Land Use Code . . .'. BLUC 20.30G.140. The City agrees that the use of 'may' rather than 'shall' in the ordinance does not give the City discretion to deny a variance arbitrarily when the application meets all eight criteria. III Both parties claim procedural irregularities. Hoberg assigns error to the board's meeting to draft findings in executive session with the City's attorney. The City objects to the trial court's order that permitted Hoberg to inquire into the proceedings of the executive session. (8) Our decision in favor of the variance rests on the merits of the Board's decision, not the procedural aspects. It does not depend upon how the executive session was conducted, who was present there or what was said. The court is not obliged to decide all the issues raised by the parties, but only those that are determinative. Schmidt v. Cornerstone Invs., Inc., 115 Wn.2d 148, 165, 795 P.2d 1143 (1990). Accordingly, review of the claimed procedural errors is unnecessary. Hoberg's request to dismiss the City's appeal for an insufficient record is denied. The trial court's order Copr. ©West 2000 No Claim to Orig. U.S. Govt. Works 76 Wn. App. 357 Page 20 (Cite as: 76 Wn. App. 357, *363) requiring the board to issue the variance subject to the conditions initially recommended by the Department is affirmed. Hoberg, as the party who has substantially prevailed on appeal, is awarded costs pursuant to RAP 14.2. Pekelis, C.J., and Grosse, J., concur. *364 Wn. App.,1994. Hoberg v. Bellevue END OF DOCUMENT Copr. ©West 2000 No Claim to Orig. U.S. Govt. Works CITY OF FEDERAL WAY NOTICE OF LAND USE APPLICATION Project Name:Thorstad/Keifer Lot Size Variance Project Description:Use Process IV-Nonconforming lot size of 12,000 square feet in a RS15.00 zoning district Applicant: David Thorstad Project Location:29501 721 Avenue SW,FerdWily,WA DO Apples**asosers* Jane 20,2000 Date Determined Complete: July 25,2000 Permits Required by this Appli- cation: 1. Process IV Hearing Examin- er's Decision(00-103440-00- UP) Related Permits: None Development Regulations to be Used for Project Mitigation, Known at this Time: FWCC Chapter 22,Zoning Technical Information Submit- ted for Review in Deciding These Applications: None Any person may submit written comments on the land use appli- cation to the Director of Commu- nity Development Services by August 14,2000.Only persons who submit written comments to the Director of Community Devel- opment Services,or specifically request a copy of the decision, may appeal the director's deci- sion.The official project file is available for public review at the Department of Community Devel- opment Services,33530 First Way South, PO Box 9718, Fed- eral Way,WA 98063-9718. Contact Person:Lori Michael- , son,AICP,Senior Planner 33530 First Way South PO Box 9718 Federal Way,WA 98063-9718 Telephone:253-661-4045 LEGAL NO. FWM-183 Publehed:Federal Way tartar FEDERAL WAY MPRLR Y - Your Community Newspaper - Affidavit of Publication George LeMasurier, being first duly sworn, on oath disposes and says that he is the Publisher of The Mirror, a bi-weekly newspaper. That said newspaper is published in the English language continually as a bi-weekly newspaper in Federal Way, King County, Washington, and is now and during all of said time was printed in an office maintained at the aforementioned place of publication of said newspaper. That the annexed is a true copy of a Legal Advertisement by CITY OF FEDERAL WAY L-183 as it was published in regular issues (and not in supplemental form) of said newspaper once each week for a period of one consecutive week(s), commencing on the 29th day of July , 20 00 , and ending on the 29th day of July , 20 00 , both dates inclusive, and that such newspaper was regularly distributed to its readers during all of said period. That the full amount of the fee charged for the foregoing publication in the sum of $ 107.53 , which amount has been paid in full, or billed at the legal rate according to RCW 65.16.090. Subscribed to and sworn before me this 8`h day of August , 20 00 . Notary Public in and for the State of Washington. Residing at Tacoma O, C� �°U B L t G crt, <1 9 • 15 2:%.! � Up.. WASr'" ‘,: 1414 SO.324TH STREET,SUITE B210,FEDERAL WAY,WA 98003 ■ 253-925-5565 ■ FAX: -925-5750 CITY OF • (253)661-4000 \)\) FTIV 33530 1ST WAY SOUTH FEDERAL WAY,WA 98003-6210 AFFIDAVIT OF DISTRIBUTION I i7C. ,, d 3 J� hereby declare, under penalty of perjury of the laws of the State of Washington, that a: Notice of Land Use Application ❑ Notice of Land Use Action o Notice of Determination of Significance ❑ Notice of Public Hearing before the (DS) Hearing Examiner ❑ Notice of Determination of ❑ Notice of Planning Commission Public Nonsignificance and Scoping Notice Hearing ❑ Notice of Environmental Determination ❑ Notice of LUTC/CC Public Hearing of Nonsignificance (SEPA, DNS) ❑ Notice of Application for Shoreline ❑ Notice of Environmental Mitigated Management Permit Determination of Nonsignificance (SEPA, MDNS) a Shoreline Management Permit o Other was mailed/faxed/posted to/at each of following addresses(see attached) on /9,5`4 s- -I , 2000. Project Name 1 I Kt: fir LG t S. Vcxr;avc2 File Number(s) 00- I n 3 c-I 1-1 O-- 00 - U Signature /4,./ Date 0O K:\COMMON.AD\AfAOAVu of DtSW18UTION.00C CITY OF FEDERAL WAY �► REVISED NOTICE OF LAND t APPLICATION (Procedural Information I'cevised) Project Name: Thorstad/Keifer Lot Size Variance - Project Description: Use Process IV Variance-nonconforming lot size of•12,000 square feet in a RS 15.0 zoning district(15,000 square foot minimum lot size). Applicant: David Thorstad Project Location: 29501 7th Avenue SW, Federal Way,WA Date Application Received: June 20,2000 Date Determined Complete: July 25,2000 Permits Required By This Application: Process IV Hearing Examiner's Decision (File#00-103440-00-UP) Related Permits: None Development Regulations To Be Used For Project Mitigation, Known At This Time: Federal Way City Code(FWCC)Chapter 22,"Zoning" Information Submitted For Review In Deciding This Application: Narrative response to variance decision criteria. A decision by the Federal Way Hearing Examiner is required for this application. Notice of the public hearing will be issued at least 14 days before the scheduled hearing date. The Department of Community Development Services will issue a report and recommendation to the Hearing Examiner seven days before the scheduled public hearing. Following the public hearing, the Hearing Examiner will issue a written decision, and any appeal of this decision will be heard by the Federal Way City Council. The official project file is available for public review at the Department of Community Development Services, 33530 First Way South, PO Box 9718, Federal Way, WA 98063-9718. Any person may submit written comments to city staff or to the hearing examiner and may appear at the public hearing to give comments orally. City Staff Contact: Lori Michaelson,AICP,Senior Planner, (253-661-4045) Published in the Federal Way Mirror on August 5,2000 Vicinity Map: 29 501 7th Ave SW u, r— s _2_915111 (1, _mow 996th St ,- - ____________________ ---T 1 j AFFIDAVIT OF DISTRIBUTION IvAT�LI E �L. 1, hereby declare, under penalty of perjury of the laws of the State of Washington, that a: ❑ Notice of Land Use Application ❑ Notice of Land Use Action ❑ Notice of Determination of Significance ❑ Notice of Public Hearing before the (DS) Hearing Examiner ❑ Notice of Determination of ❑ Notice of Planning Commission Public Nonsignificance and Scoping Notice Hearing ❑ Notice of Environmental Determination of ❑ Notice of LUTC/CC Public Hearing Nonsignificance (SEPA, DNS) ❑ Notice of Application for Shoreline ❑ Notice of Environmental Mitigated Management Permit Determination of Nonsignificance (SEPA, MDNS) x ❑ Shoreline Management Permit 14 Other E\!(SED Qs 0-5 LAN0 Use- APP1-1Cy4i ion w•, mailed ,•xed/posted to/at each of following addresses(see attached) on /414 G • ,2000. Project Name -t o 2STf- /kF OT S ZE- VA-R-'Prr CE File Number(s) 00 - ) O 3`f` o O 0 - u P Signature < Date 7 K:\COMMON.AD\AmmDAVR of Daraeuno i.00c CITY OF FEDERAL WAY REVISED NOTICE OF LAND E APPLICATION (Procedural Information Revised) Project Name: Thorstad/Keifer Lot Size Variance Project Description: Use Process IV Variance-nonconforming lot size of-12,000 square feet in a RS 15.0 zoning district(15,000 square foot minimum lot size). Applicant: David Thorstad Project Location: 29501 7th Avenue SW, Federal Way,WA Date Application Received: June 20, 2000 Date Determined Complete: July 25, 2000 Permits Required By This Application: Process IV Hearing Examiner's Decision (File#00-103440-00-UP) Related Permits: None Development Regulations To Be Used For Project Mitigation, Known At This Time: Federal Way City Code(FWCC)Chapter 22,"Zoning" Information Submitted For Review In Deciding This Application: Narrative response to variance decision criteria. A decision by the Federal Way Hearing Examiner is required for this application. Notice of the public hearing will be issued at least 14 days before the scheduled hearing date. The Department of Community Development Services will issue a report and recommendation to the Hearing Examiner seven days before the scheduled public hearing. Following the public hearing, the Hearing Examiner will issue a written decision, and any appeal of this decision will be heard by the Federal Way City Council. The official project file is available for public review at the Department of Community Development Services, 33530 First Way South, PO Box 9718, Federal Way, WA 98063-9718. Any person may submit written comments to city staff or to the hearing examiner and may appear at the public hearing to give comments orally. City Staff Contact: Lori Michaelson,AICP, Senior Planner, (253-661-4045) Published in the Federal Way Mirror on August 5,2000 Vicinity Map: 29501 7th Ave SW _ f_ S 295th St1- — >r --- _ w 2961h St —_— \, T CITY OF FEDERAL WAY REVISED NOTICE OF LAND USE APPLICATION (Procedural Information Revised) Project Name: Thorstad/Keifer Lot Size Variance Project Description: Use Process IV Variance - nonconforming lot size of 12,000 square feet in a RS 15.0 zoning district (15,000 square foot minimum lot size). Applicant: David Thorstad Project Location: 29501 7th Avenue SW, Federal Way, WA Date Application Received: June 20, 2000 Date Determined Complete: July 25, 2000 Permits Required By This Application: Process IV Hearing Examiner's Decision (File#00-103440-00-UP) Related Permits: None Development Regulations To Be Used For Project Mitigation, Known At This Time: Federal Way City Code (FWCC) Chapter 22, "Zoning" Information Submitted For Review In Deciding This Application: Narrative response to variance decision criteria. A decision by the Federal Way Hearing Examiner is required for this application. Notice of the public hearing will be issued at least 14 days before the scheduled hearing date. The Department of Community Development Services will issue a report and recommendation to the Hearing Examiner seven days before the scheduled public hearing. Following the public hearing, the Hearing Examiner will issue a written decision, and any appeal of this decision will be heard by the Federal Way City Council. The official project file is available for public review at the Department of Community Development Services, 33530 First Way South, PO Box 9718, Federal Way, WA 98063-9718. Any person may submit written comments to city staff or to the hearing examiner and may appear at the public hearing to give comments orally. City Staff Contact: Lori Michaelson, AICP, Senior Planner, (253-661-4045) Published in the Federal Way Mirror on August 5, 2000 Doc.I.D.11150 OF FEDERAL WAY � /� ;530 1 st Way South4,4 leral Way,WA 98003 119600-4395-07 JONES DAVID T 451790 PO BOX 5323 REDONDO WA 98054 Y OF FEDERAL WAY ;3530 1 st Way South "¢ :deral Way,WA 98003 119600-4390-02 MCDANIEL BRUCE & JOANNE 630463 812 SW 296TH ST FEDERAL WAY WA 98023 Y OF FEDERAL WAY )35301st Way South deral Way,WA 9800 Ralph Carr 720 S.W. 295th St. Federal Way, Wa 98023 33USA • f OF FEDERAL WAY 3530 1 st Way South leral Way,WA 98003 119600-4385-09 LIGHTNER GENE E JANET 8D2759 706 SW 296TH ST FEDERAL WAY WA 98023 5301st Way South eral Way,WA 98003 119600-4386-08 ANDERSEN GORDON H+EDWINA 269999 714 SW 296TH ST FEDERAL WAY WA 98023 OF FEDERAL WAY ;5301 st Way South leral Way,WA 98003 119600-4387-07 HEWITT ALAN E 411635 802 SW 296TH FEDERAL WAY WA 98023 vt twERAL WAY i5301 st Way South leral Way,WA 98003 119600-4382-02 ERICKSON ROGER C BARBARA 702463 803 SW 295TH ST FEDERAL WAY WA 98023 • CIF FEDERAL WAY 301st Way South ral Way, NA 98003 119600-4381-03 THOMAS DAVID B+CAROL L 949999 715 SW 295TH ST FEDERAL WAY WA 98023 :.1131 Way, WA 98003 119600-4380-04 KEIFER TEREL 570250 406 S 289TH ST FEDERAL WAY WA 98003 • 44/ /I Y of FEDERAL WAY 3530 1 st Way South deral Way,WA 98003 119600-4260-09 DILLARD LARRY D+PATTIE A 130202 29516 7TH AVE SW FEDERAL WAY WA 98023 r OF FEDERALWAY . ---- _ 1530 1 st Way South ieral Way,WA 98003 119600-4340-03 ANTHONY PETER J+KATHERINE E771518 29520 7TH AVE SW FEDERAL WAY WA 98023 f OF FEDERAL WAY 3530 1 st Way South ieral Way,WA 98003 119600-4270-07 LOONEY WILLIAM A 91F004 PO BOX 66098 SEATTLE WA 98166 • 'OF FEDERAL WAY 5301 st Way South eral Way,WA 98003 119600-2985-07 KELLS-MURPHY GORDON 639999 29424 7TH AVE SW FEDERAL WAY WA 98023 • / %/ Y OF FEDERAL WAY 3530 1 st Way South deral Way,WA 98003 119600-2950-08 GUECO ROLANDO C MARIA L 141835 29410 7TH AVE SW. FEDERAL WAY WA 98023 fY OF FEDERAL WAY 335301st Way South :deral Way,WA 98003 119600-2940-01 BUCKHOLZ PATRICK & JENNIFER551730 3315 SW 330TH ST FEDERAL WAY WA 98023 4.4 OF FEDERAL WAY 3530 1 st Way South 3eral Way, WA 98003 119600-2937-06 bERFIELD JEFFREY L+SUSAN M 969999 11427 30TH PL SW SEATTLE WA 98146 u-Grow swerve - 3530 1 st Way South Jere'Way,WA 98003 119600-2938-05 NAIDU PERMAL+ALGAMMA 261722 633 SW 295TH ST FEDERAL WAY WA 98023 »v t bL wdy JOUtfl :rat Way,WA 98003 119600-2939-04 RIDDELL SHARON L 674110 2816 SW 300TH PL FEDERAL WAY WA 98023 y°OF FEDERAL WAY 3530 1st Way South ieral Way, WA 98003 11960G-2795-07 LANG KENNETH E 829999 29417 7TH AVE SW FEDERAL WAY WA 98023 44.7,71 Y OF FEDERAL WAY 3530 1 st Way South deral Way, WA 98003 119600-2794-08 CARR SHARON 9N9999 323 BROADWAY "E 1211 SEATTLE WA 98102 derai Way,WA 98003 119600-2.792-00 THOMPSON GEORGE L+DAPHNE MA629999 29411 7TH AVE SW FEDERAL WAY WA 98023 ',OF FEDERAL WAY *� ;5301'st Way South r feral Way,WA 98003 119600-2775-01 FISHER JUDY (BRUCE) 980229 818 SW 295TH ST FEDERAL WAY WA 98023 353015t1Hay-avuu, feral Way,WA 98003 119600-2785-09 JENSEN T CONSTRUCTION INC 031632 JENSEN T E MAZZUCA-JENSEN K PO BOX 1326 98027 ISSAQUAH WA t'Y OF FEDERAL WAY 33530 1 st Way South :deral Way,WA 98003 119600-2790-02 ANDREWS BRENDA G 939999 714 295TH ST SW FEDERAL WAY WA 98023 Y OF FEDERAL WAY 6530.1°stWay South :deral Way,WA 98003 119600-2660-09 PISTER JAMES D+VIRGINIA M 179999 902 SW 295TH ST FEDERAL WAY WA 98023 Y OF FEDERAL WAY 3530 1 st Way South ieral Way,WA 98003 119600-2760-08 SANKRITHI MITHRA E USHA 013515 832 SW 295TH ST FEDERAL WAY WA 98023 rY OF FEDERAL WAY 33530 1 st Way South ;derai Way,WA 98003 119600-2765-03 SANKRITHI MITHRA E USHA 013515 832 SW 295TH ST FEDERAL WAY WA 98023 ems''J i N M j �** a) a) Q "Cy Q c� g3 o � bo x wN6, �o O o� g >.< v, o � � � OM d � M41) V , F 1 , , CITY OF G - • - (253)661-4000 S' FrIV 33530 1ST WAY SOUTH FEDERAL WAY,WA 98003-6210 AFFIDAVIT OF DISTRIBUTION I t , "24-ot hereby declare, under penalty of perjury of the laws of the State of Washington, that : ❑ Notice of Land Use Application ❑ Notice of Land Use Action o Notice of Determination of Significance ❑ Notice of Public Hearing before the (DS) Hearing Examiner o Notice of Determination of o Notice of Planning Commission Public Nonsignificance and Scoping Notice Hearing ❑ Notice of Environmental Determination 0 Notice of LUTC/CC Public Hearing of Nonsignificance (SEPA, DNS) ❑ Notice of Application for Shoreline ❑ Notice of Environmental Mitigated Management Permit Determination of Nonsignificance (SEPA, MDNS) �r ❑ Shoreline Management Permit Other 2e-i}v4.e.p, ee� I wa.e A was mane. axe• posted to/at each of following addresses (see attached) on„ 02 , 2000. Project Name —ILI-0U L z-4 / r� ,,ZY File Number(s) Gp - - 3 c-/ Signature I Date g`(.2 K:\COMMONI.AD\AFFIDAVIT OF DISTRIBUTION.DOC CITY OF FEDERAL WAY REVISED NOTICE OF LAND USE APPLICATION (Procedural Information Revised) Project Name: Thorstad/Keifer Lot Size Variance Project Description: Use Process IV Variance - nonconforming lot size of 12,000 square feet in a RS 15.0 zoning district (15,000 square foot minimum lot size). Applicant: David Thorstad Project Location: 29501 7th Avenue SW, Federal Way, WA Date Application Received: June 20, 2000 Date Determined Complete: July 25, 2000 Permits Required By This Application: Process IV Hearing Examiner's Decision (File#00-103440-00-UP) Related Permits: None Development Regulations To Be Used For Project Mitigation, Known At This Time: Federal Way City Code (FWCC) Chapter 22, "Zoning" Information Submitted For Review In Deciding This Application: Narrative response to variance decision criteria. A decision by the Federal Way Hearing Examiner is required for this application. Notice of the public hearing will be issued at least 14 days before the scheduled hearing date. The Department of Community Development Services will issue a report and recommendation to the Hearing Examiner seven days before the scheduled public hearing. Following the public hearing, the Hearing Examiner will issue a written decision, and any appeal of this decision will be heard by the Federal Way City Council. The official project file is available for public review at the Department of Community Development Services, 33530 First Way South, PO Box 9718, Federal Way, WA 98063-9718. Any person may submit written comments to city staff or to the hearing examiner and may appear at the public hearing to give comments orally. City Staff Contact: Lori Michaelson, AICP, Senior Planner, (253-661-4045) Published in the Federal Way Mirror on August 5, 2000 Doc.I.D.11150 CITY 0F, FEDERAL WAY TD :253-661-4048 AUG 02 ' 00 7 :51 TRANSMIT CONFIRMATION REPORT NO . 001 RECEIVER 99255750 TRANSMITTER CITY OF FEDERAL WAY DATE AUG 02 '00 7 :51 DURATION 01 ' 05 MODE • STD PAGES 02 RESULT OK t COVER SHEET FAX To: (J- Fax #: 6 7° a From: / Date: 8 _� �a Subject: /4-u ' 40 aX G /409--44-4 Pages: , including this cover sheet. COMMENTS: ?---(fie. 4t, ZIA-41.A.2)2/ CD-1.A p Mayor Councilmembers City of Federal Way Michael Park Jeanne Burbidge 33530 First Way South Mary Gates Federal Way, WA 98003 City Manager Michael Hellickson David Moseley Linda Kochmar 253-661-4000 Dean McColgan Fax: 253-661-4048 Phil Watkins www.ci.federal-way.wa.us CITY OF FEDERAL WAY - REVISED NOTICE OF LAND U APPLICATION (Procedural Information rcevised) Project Name: Thorstad/Keifer Lot Size Variance Project Description: Use Process IV Variance-nonconforming lot size of-12,000 square feet in a RS 15.0 zoning district(15,000 square foot minimum lot size). Applicant: David Thorstad Project Location: 29501 7th Avenue SW, Federal Way,WA Date Application Received: June 20,2000 Date Determined Complete: July 25,2000 Permits Required By This Application: Process IV Hearing Examiner's Decision (File#00-103440-00-UP) Related Permits: None Development Regulations To Be Used For Project Mitigation, Known At This Time: Federal Way City Code(FWCC)Chapter 22,"Zoning" Information Submitted For Review In Deciding This Application: Narrative response to variance decision criteria. A decision by the Federal Way Hearing Examiner is required for this application. Notice of the public hearing will be issued at least 14 days before the scheduled hearing date. The Department of Community Development Services will issue a report and recommendation to the Hearing Examiner seven days before the scheduled public hearing. Following the public hearing, the Hearing Examiner will issue a written decision, and any appeal of this decision will be heard by the Federal Way City Council. The official project file is available for public review at the Department of Community Development Services, 33530 First Way South, PO Box 9718, Federal Way, WA 98063-9718. Any person may submit written comments to city staff or to the hearing examiner and may appear at the public hearing to give comments orally. City Staff Contact: Lori Michaelson,AICP,Senior Planner, (253-661-4045) Published in the Federal Way Mirror on August 5,2000 Vicinity Map: 29501 7th Ave SW 1 1 1 p -S - >T _��/ 79�fh St • \ --- --T -1 ) CITY OF FEDERAL WAY REVISED NOTICE OF LAND USE APPLICATION (Procedural Information Revised) Project Name: Thorstad/Keifer Lot Size Variance Project Description: Use Process IV Variance - nonconforming lot size of 12,000 square feet in a RS 15.0 zoning district (15,000 square foot minimum lot size). Applicant: David Thorstad Project Location: 29501 7th Avenue SW, Federal Way, WA Date Application Received: June 20, 2000 Date Determined Complete: July 25, 2000 Permits Required By This Application: Process IV Hearing Examiner's Decision (File #00-103440-00-UP) Related Permits: None Development Regulations To Be Used For Project Mitigation, Known At This Time: Federal Way City Code (FWCC) Chapter 22, "Zoning" Information Submitted For Review In Deciding This Application: Narrative response to variance decision criteria. A decision by the Federal Way Hearing Examiner is required for this application. Notice of the public hearing will be issued at least 14 days before the scheduled hearing date. The Department of Community Development Services will issue a report and recommendation to the Hearing Examiner seven days before the scheduled public hearing. Following the public hearing, the Hearing Examiner will issue a written decision, and any appeal of this decision will be heard by the Federal Way City Council. The official project file is available for public review at the Department of Community Development Services, 33530 First Way South, PO Box 9718, Federal Way, WA 98063-9718. Any person may submit written comments to city staff or to the hearing examiner and may appear at the public hearing to give comments orally. City Staff Contact: Lori Michaelson, AICP, Senior Planner, (253-661-4045) Published in the Federal Way Mirror on August 5, 2000 Doc.I.D.11150 RECEIVFD BY COMMUNITYDEVELOP MEN I DEPAH I MEN I cTYoF , • SIGN INSTALLATION CERTIFICATE 0477 APPLICATION# I-PROJECT NAME PROJECT ADDRESS Z'1 c 1 7 441 41). DATE OF INSTALLATION t-a/( LJr? LOCATION OF INSTALLATION 7 `i 1 . I I hereby testify that the sign installed fully complies with the installation standards of the Department of Community Development "Instructions for Obtaining and Posting Large Signs," i and that the sign will be maintained until a final decision is issued on the land use action, including any associated appeal period. I understand that the failure to return this certificate within five days of posting may result in delays, notice corrections, and re-mailings at the .applicant's expense. t7,42177Ti,C,/r1"-&-L-7 Applicant's Name Date Applicant's Sign ure Phone(Day) t. CITY OF f"'"'""" • (253)661-4000 F1.5'. 33530 1ST WAY SOUTH FEDERAL WAY,WA 98003-6210 AFFIDAVIT OF DISTRIBUTION a//- (-/A.�OW' hereby declare, under penalty of perjury of the laws of the State of Washington, that a: 0 Notice of Land Use Application ' Notice of Land Use Action o Notice of Determination of Significance ❑ Notice of Public Hearing before the (DS) Hearing Examiner ❑ Notice of Determination of ❑ Notice of Planning Commission Public Nonsignificance and Scoping Notice Hearing o Notice of Environmental Determination ❑ Notice of LUTC/CC Public Hearing of Nonsignificance (SEPA, DNS) ❑ Notice of Application for Shoreline ❑ Notice of Environmental Mitigated Management Permit Determination of Nonsignificance (SEPA, MDNS) ❑ Shoreline Management Permit o Other was mailed/faxed/ at otof at each of following addresses (see attached) on J(/1"/ 1- 7 , 2000. 1:54-4 `j - C t-VA1L per(" S rrc Project Name'iY 5tA& / LD-f" S I V Ate\ALI<r; File Number(s) O CD - 1 C 3 4440 - Do - P Signature Q/ii'..e. 6 ,,)0. Date t/n /o u K:\COMMON.AD\AFADAvrt of DISfRIBUTION.DOC CITY OF FEDERAL WAY NOTICE OF LAND USE APPLICATION • Project Name: Thorstad/Keifer Lot Size Variance Project Description: Use Process IV—Nonconforming lot size of 12,000 square feet in a RS 15.00 zoning district Applicant: David Thorstad Project Location: 29501 7th Avenue SW,Federal Way,WA Date Application Received: June 20,2000 Date Determined Complete: July 25,2000 Permits Required by this Application: 1. Process IV Hearing Examiner's Decision(00-103440-00-UP) Related Permits: None Development Regulations to Be Used for Project Mitigation,Known at this Time: FWCC Chapter 22,Zoning Technical Information Submitted for Review in Deciding These Applications: None Any person may submit written comments on the land use application to the Director of Community Development Services by August 14,2000.Only persons who submit written comments to the Director of Community Development Services,or specifically requests a copy of the decision,may appeal the director's decision.The official project file is available for public review at the Department of Community Development Services,33530 First Way South,PO Box 9718,Federal Way,WA 98063-9718. Contact Person: Lori Michaelson,AICP,Senior Planner 33530 First Way South PO Box 9718 Federal Way,WA 98063-9718 Telephone:25 3-661-4 045 Published in the Federal Way Mirror on July 29,2000 Vicinity Map: 29 501 7th Ave SW r- / _T 1_ I 1 --_S 5th Stt_- >r i 7 _S 296th St _--- aivor - MEMORANDUM MTWAIRI. Public Works Department 33530 1 ST WAY SOUTH DATE: 7/24/00 TO: Lori Michaelson, Senior Planner �( FROM: Ann Dower, Engineering Plans Reviewer U� C/ SUBJECT: THORSTAD/KEIFER- (00-103440-00-UP) 29501 7TH AVE SW; PUBLIC WORKS COMMENTS Public Works Department does not have any comments regarding the proposed lot size variance. The applicants are advised, however,that when a building permit is submitted for this lot they will be responsible for storm water control according to the 1998 King County Surface Water Design Manual (KCSWDM) and the Federal Way Addendum to the KCSWDM. At a minimum, Small Site Drainage Review and Small Site Flow Control Measures will be required. Targeted Drainage Review may also apply, and more stringent flow control may be required if this project contributes to existing downstream drainage problems. In addition, street improvements along the property frontage will be required. The improvements would conform to a section`U'consisting of 16 feet of pavement(centerline to curb),four-foot wide planter strip with street trees, five-foot wide sidewalk, and street lights. If the applicants wish to seek modification to this requirement,they should review the enclosed handout and submit a letter to Ken Miller, Deputy Director of Public Works, addressed to the attention of Ann Dower. CITY OF G • (253)661-4000 NYv F145 . 33530 1ST WAY SOUTH FEDERAL WAY,WA 98003-6210 AFFIDAVIT OF DISTRIBUTION Clx_rhats ?-(Z4 hereby declare, under penalty of perjury of the laws of the State of hington, th Notice of Land Use Application 0 Notice of Land Use Action 0 Notice of Determination of Significance 0 Notice of Public Hearing before the (DS) Hearing Examiner ❑ Notice of Determination of 0 Notice of Planning Commission Public Nonsignificance and Scoping Notice Hearing ❑ Notice of Environmental Determination 0 Notice of LUTC/CC Public Hearing of Nonsignificance (SEPA, DNS) 0 Notice of Application for Shoreline ❑ Notice of Environmental Mitigated Management Permit Determination of Nonsignificance (SEPA, MDNS) 0 Shoreline Management Permit O Other was aile faxed/posted to/at each of following addresses (see attached) on / 2000. Project Name /16A' j2,6 File Number(s) QU - ' y 1-/C' OcJ- u'7 Signature l �a Date 7`0 K:\COMMON.AD\AFFIDAVIT OF DISTRIBUTION.DOC CITY OF FEDERAL WAY NOTICE OF LAND USE APPLICATION Project Name: Thorstad/Keifer Lot Size Variance Project Description: Use Process IV—Nonconforming lot size of 12,000 square feet in a RS 15.00 zoning district Applicant: David Thorstad Project Location: 29501 7th Avenue SW,Federal Way, WA Date Application Received: June 20, 2000 Date Determined Complete: July 25, 2000 Permits Required by this Application: 1. Process IV Hearing Examiner's Decision(t 1- ,3440-00-UP) Related Permits: None0 / Development Regulations to Be Used for Proje i 4 tiga • own at this Time: FWCC Chapter 22'Zonin,, Technical Information Submitted for '• I in D• - ng These Applications: None 1111 1k Any person may submit wri e . ments on the land use application to the Director of Community Development Se 1,11 s by August 14,2000. Only persons who submit written comments to the Director of C munity Development Services,or specifically requests a copy of the decision, may appeal the d ector's decision. The official project file is available for public review at the Department of Community Development Services,33530 First Way South, PO Box 9718, Federal Way, WA 98063-9718. Contact Person: Lori Michaelson,AICP, Senior Planner 33530 First Way South PO Box 9718 Federal Way, WA 98063-9718 Telephone: 253-661-4045 Published in the Federal Way Mirror on July 29,2000 Doc.ID.11015 Vicinity _ _____I 1_- 1 . -_ - - --- -- - SW 294th St [ _ , CI) - N _____) ,_____ . 295th St - Q _T r - ---- , , , ._______ ___ _ __ . ___ --- ____ SW 296th St -_ 1 0.06 0 0.06 0.12 Miles N ;'. E W imine .--1-6r3Q161- -e"C- tal- GI'z.e_ Vavrt'ctitce- <--, TY OF FEDERAL WAY 33530 1 st Way South 3derai Way, WA 98003 119600-4390-02 MCDANIEL BRUCE E JOANNE 630463 812 SW 296TH 57 FEDERAL WAY WA 98023 33usA OF FEDERAL.WAY i30 ;st Way South :rat Way,WA 98003 119600-4395-07 451790 JONES DAVID T PO BOX 5323 98054 REDONDO WA Ralph Carr 720 S.W. 295th St. Federal Way, Wa 33USA i Y OF FEDERAL WAY 3530 1 st Way South deral Way,WA 98003 Robert and Debra Muhlbeier 29505 7th Ave. S.W. Federal Way, Wa 98023 ;530 1 st Way South _Ieral Way,WA 98003 119600-4382-02 ERICKSON ROGER £ BARBARA 702463 803 SW 295Th ST FEDERAL WAY WA 98023 Y OF FEDERAL WAY %( ,3530 1 st Way South deral Way,WA 98003 119600-4385-09 LIGHTNER GENE £ JANET 8D2759 706 SW 296TH ST F C t1 L 15 h 1 !_I n V 33USA f OF FEDERAL WAY 3530 1 st Way South leral Way,WA 98003 119600-4386-08 ANDERSEN GORDON H+EDWINA 269999 714 SW 296TH ST FEDERAL WAY WA 98023 33U Y OF FEDERAL WAY * 35301st Way South deral Way A{A 9s oty4 119600-4387-07 HEWITT ALAN E 411635 802 SW 296TH FEDERAL WAY WA 98023 ••v� vvvv a feral Way,WA 98003 • 119600-4340-03 ANTHONY PETER J+KATHERINE E771518 299520 7TH AVE SW FEDERAL WAY WA 98023 33u / 44 4 TY OF FEDERAL WAY 33530 1 st Way South ederal Way,WA 98003 119600-2760-08 SANKRITHI MITHRA & USHA 013515 832 SW 295TH ST FEDERAL WAY WA 98023 33w 1/OF FEDERAL WAY .**,T 13530 1 st Way South :der&Way, WA 98003 119600-4380-04 KEIFER TEREL 570250 406 S 289TH ST FEDERAL WAY WA 98003 33Us- *4 i Y OF FEDERAL WAY �* '3530 1 st Way South :deral Way,WA 98003 119600-4381-03 THOMAS DAVID B+CAROL L 949999 715 SW 295TH ST FEDERAL WAY WA 98023 335301 st Way South Federal Way,WA 98003 119600-2950-08 GIJECO ROLANDO & MARIA L 141835 29410 7TH AVE SW FEDERAL WAY WA 98023 IY OF FEDERAL WAY 335301 st Way South :deral Way,WA 98003 119600-2985-07 639999 KELLS-MURPHY GORDON 29424 7TH AVE SW FEDERAL WAY WA 98023 STY OF FEDERAL WAY 33530 1 st Way South Federal Way,WA 98003 119600-4260-09 DILLARD LARRY D+PATTIE A 130202 29516 7TH AVE SW FEDERAL WAY WA 98023 IY OF FEDERAL WAY 33530 1 st Way South :deral Way,WA 98003 119600-4270-07 LOONEY WILLIAM A 91F004 PO BOX 66098 SEATTLE WA 98166 119600-2937-06 BERFIELD JEFFREY L+SUSAN M 969999 11427 30TH PL SW SEATTLE WA 98146 33usA OF FEDERAL WAY 530 1 st Way South era!Way,WA. 8;; ;3 119600-2938-05 NAIDU FERMAL+ALGAMMA 261722 633 SW 295TH ST FEDERAL WAY WA 98023 33USA I Y OF FEDERAL WAY 3530 1st Way South lerai Way,WA 98003 119600-2939-04 RIDDELL SHARON L 674170 2816 SW 300TH PL FEDERAL WAY WA 98023 33USA 'OF FEDERAL WAY South 530 1st Way eral Way, WA. 93o :-► 119600-2940-01 BUCKHOLZ PATRICK £ JENNIFER551730 3315 SW 330TH ST FEDERAL WAY WA 98023 119600-2790-02 ANDREWS BRENDA G 939999 714 295TH ST SW FEDERAL WAY WA 98023 CITY OF FEDERAL WAY 33530 1 st Way South Federal Way,WA 98003 119600-2792-00 THOMPSON GEORGE LtDAPHNE MAb29999 29411 7TH AVE SW FEDERAL WAY WA 98023 33u TY OF FEDERAL WAY 5. 33530 1st Way South ** I :deral Way, WA 98003 +. 119600-2794-08 CARR SHARON 9N9999 323 BROADWAY OE 1211 SEATTLE WA 98102 ITY OF FEDERAL WAY 33530 1 st Way South 'ederal Way,WA 98003 119600-2795-07 LANG KENNETH E 829999 29417 7TH AVE SW FEDERAL WAY WA 98023 119600-2660-09 PISTER JAMES D+VIRGINIA M 179999 902 SW 295TH ST FEDERAL WAY WA 98023 33USA 44 A I OF FEDERAL WAY 1530 1 st Way South feral Way,WA `>A"03 119600-2765-03 SANKRITHI MITHRA L' USHA 013515 832 SW 295TH ST FEDERAL WAY WA 98023 33USA I OF FEDERAL WAY44 1530 1 st Way South '` leral Way,WA 98003 119600-2775-01 FISHER JUDY (BRUCE) 980229 818 SW 295TH ST FEDERAL WAY WA 98023 33us' OF FEDERAL WAY 530 1st Way South = oral Way VIA 98003 119600-2785-09 JENSEN T CONSTRUCTION INC 031632 JENSEN T 6 MAZZUCA—JENSEN K PO BOX 1326 ISSAQUAH WA 98027 CITY OF G • (253)661-4000 �v 33530 1ST WAY SOUTH FEDERAL WAY,WA 98003-6210 AFFIDAVIT OF DISTRIBUTION 1 i �,�a,, hereby declare, under penalty of perjury of the laws of the State of Washington, t a: Notice of Land Use Application 0 Notice of Land Use Action ❑ Notice of Determination of Significance 0 Notice of Public Hearing before the (DS) Hearing Examiner ❑ Notice of Determination of 0 Notice of Planning Commission Public Nonsignificance and Scoping Notice Hearing ❑ Notice of Environmental Determination 0 Notice of LUTC/CC Public Hearing of Nonsignificance (SEPA, DNS) 0 Notice of Application for Shoreline ❑ Notice of Environmental Mitigated Management Permit Determination of Nonsignificance (SEPA, MDNS) ❑ Shoreline Management Permit ❑ Other was maile /faze /posted to/at each of following addresses (see attached) on 2000. Project Name / ///4t, (44.644147. File Number(s) p _ / ) 3`/y0 Signature Date K:\COMMON.AD\AFFIDAVIT of DISTRIBUTION.00c CITY OF FEDERAL WAY NOTICE OF LAND USE APPLICATION Project Name: Thorstad/Keifer Lot Size Variance Project Description: Use Process IV—Nonconforming lot size of 12,000 square feet in a RS15.00 zoning district Applicant: David Thorstad Project Location: 29501 7th Avenue SW, Federal Way, WA Date Application Received: June 20, 2000 Date Determined Complete: July 25,2000 Permits Required by this Application: 1. Process IV Hearing Examiner's Decision(00-103440-00-UP) Related Permits: None Development Regulations to Be Used for Project Mitigation, Known at this Time: FWCC Chapter 22,Zoning Technical Information Submitted for Review in Deciding These Applications: None Any person may submit written comments on the land use application to the Director of Community Development Services by August 14,2000. Only persons who submit written comments to the Director of Community Development Services,or specifically requests a copy of the decision, may appeal the director's decision. The official project file is available for public review at the Department of Community Development Services,33530 First Way South,PO Box 9718, Federal Way, WA 98063-9718. Contact Person: Lori Michaelson,AICP, Senior Planner 33530 First Way South PO Box 9718 Federal Way, WA 98063-9718 Telephone: 253-661-4045 Published in the Federal Way Mirror on July 29,2000 Doc.ID.11015 CITY OF FEDERAL WAY TD :253-661-4045 JUL 26 '00 7 :50 'TIRRNSM I T CONFIRMATION REPORT NO . 001 RECEIVER 99255750 TRANSMITTER CITY OF FEDERAL WAY DATE JUL 26 '00 7 :50 DURATION 01 '00 MODE STD PAGES 02 RESULT OK COVER SHEET FAX To: ( Fax #: ��2u -5 From: /, Date: -2- °?t-'cao Subject: a--2" CLe G4- G'c'-'1o3`( -o�,° �� Yo -t Pages: , including this cover sheet. COMMENTS: f/L C-7 Z �� ter ` . Mayor Councilmembers City of Federal Way Michael Park Jeanne Burbidge 33530 First Way South Mary Gates Federal Way, WA 98003 City Manager Michael Hellickson David Moseley Linda Kochmar 253-661-4000 Dean McColgan Fax: 253-661-4048 Phil Watkins www.ci.federal-way.wa.us 119600-4385-09 , 119600-4336-08 LIGHTNER GENE E JANET 8D2759 ANDERSEN • "INN H+EOWINA 269999 706 SW 296TH ST 714 SW 29 ST 1 FEDERAL WAY WA 93023 FEDERAL WAY WA 98023 _ _ - 119600-4387-07 119600-4390-02 HEWITT ALAN E 411635 MCDANIEL BRUCE & JOANNE 630463 802 SW 296TH 812 S 14 296TH ST FEDERAL WAY WA 98023 FEDERAL WAY WA 98023 .); . 119600-4395-07 Robert and Debra Muhlbeier ); JONES DAVID T 451790 PO BOX 5323 29505 7th Ave. S.W. REDONDO WA 98054 Federal Way, Wa ), 98023 £Z086 £Z096 VM AVM 1V233033 ` uA junP.4 IS HIS6? 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MS VTR IS HIS6Z ' MS ?£R 6ZZO26 ( 3On23Et) Aanr 233HSId STSETO VHSn 3 VL(HIIW IHII23)3NVS TO-SLLZ-0096TT FO-S9LZ-0096TT 1N3WMb' d013A30AlINAM VM AVM 1VV33:3 FZ.096 VM AVM 1V2!3Q3d A' OO Q A13038 IS HIS62 MS ?F9 IS HIS67 MS ZO6 STS£TO VHSn 3 VVHIIW 6666LT W VINI9XIA+0 S3WVr ?J3ISTd 90-09L?-009611 60-099Z-009611 RECEIVED BY MtiaTER LAND USE APPLICATION CITY OF COMMUNITY DEVELOPMENT � EO �NT OF COMMUNITY DEVELOPMENT SERVICES 33530 First_Way South, Federal Way,WA 98003 ^�1t 2 0 2000 • (253)661-4000—Fax - www.ci.federal-way.wa.us APPLICATION NO CP — 1 1 Date Lo/Z� CiY� t� NZ. Project Name)reiP7/714AW' Lazer Property Address/Location Z.7'Q J 7 44' I +4,,). Parcel Number(s) 1 l LoiZ b 1.. :?"? Applicant Agent (If Different than Applicant) Owner Name: t7AQ1r7 rop7e7rAtv Name: Name: Address: Address: Address: ". Z b' ' ig r Al14,410:> Phone:(ZAP') 141 Phone:( ) Phone:( ) Fax: - `4 ( ) Fax:( ) Fax:( ) Email: Email: Email: Signature'?__ ' 4 7/., ,5 / Signature: Signature: Zoning Designati6n • 17+'7- 11•i Comp Plan Designation Project Description Se c_ A- p,c 1N e S 1^e•e-1 Uniform Building Code(UBC)Construction Type (UBC)Occupancy Type Type of Permit Required: SEPA Checklist Notice Mailed Sign Board (Refer to Development Submittal Requirements Handout) Annexation R R Binding Site Plan R R R Boundary Line Adjustment Comp Plan/Rezone R R Land Surface Modification R R * Lot Line Elimination Preapplication Conference Process I(Director's Approval) Process II(Site Plan Review) R* R Process III(Project Approval) R R R Process IV(Hearing Examiner's Decision) R Rx2 R Process V(Quasi-Judicial Rezone) • Process VI R R R SEPA Only R R Shoreline R R * Variance R R R Conditional Use R R R Short Subdivision * R * Subdivision R R R -X Variance R* R R R =Required * =Optional by City MASTERIA.FRM RJ V ISI-D 2/22/99 LAKEriAVEN UTILITY DIS i RICT 31627 1st Avenue South • P. O. Box 4249 • Federal Way,WA 98063 COMMUNITY DEVELOPMENT TECHNICAL REVIEW COMMITTEE AGENDA OF: July 13, 2000 ATTN: Ms. Lori Michaelson Senior Planner SUBJECT: Agenda Item No. 7 - Thorstad/Keifer Variance 00-103440-00(UP4) COMMENTS: The District has no comment on this issue. By: ( e. Date: 7/3/0 Mary E. oung Development Services Sup isor Direct Line: (253) 946-5400 FAX: (253) 529-4081 E-mail: myoung@lakehaven.org CITY OF FEDERAL WAY DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES DEVELOPMENT REVIEW COMMITTEE TRANSMITTAL DATE: June 30, 2000 TO: Trent Ward, Development Services Manager (2 copies) Mary Kate Gaviglio, Building Official Mary Young, Lakehaven Utility District Greg Brozek, Federal Way Fire Department FROM: %ori Michaelson FOR DRC MTG. ON: July 13, 2000 FILE NUMBER(s) : 00-103440-00-UP RELATED FILE NOS. : None PROJECT NAME: THORSTAD/KEIFER VARIANCE PROJECT ADDRESS: 29501 7TH AVE SW ZONING DISTRICT: RS 15.0 PROJECT DESCRIPTION: USE PROCESS IV -Variance from lot size requirement LAND USE PERMITS: PROJECT CONTACT: DAVID THORSTAD 406 S 289TH STREET Federal Way, WA 98003 2539414850 (Work) MATERIALS SUBMITTED: Criteria Response, Assessor Map 7. 5, 6 a *—)7e-S KING,"\', A'-�;c"",%SOP.P�1on miS Ip I!3 ';''OR THE PUilP0S1 OF K C. 1639 _ -a ee-99 ASSISTING IF LOCATING YOUR } PROP: RTY AND TS NOT GU,aRA .EZD E TO SHOW ACCURA%� >;P:tiSUi:F.� AtitTS. ...oRs _ SCALE i 00 = I I n� ` V � 400 0 Po�332 j z I So I loo I 1; Pear o� kZ.�ITY,�/M/T2D. 8779 I °apOc ° 31 FED s� /SO P°�•o aq° v i� 150 - �1��o 00�2 kq � ° � �,�� y ` 100 Ik/N p� rrl o 0 s Aad• u 50 a Lam'' 70 to f l �U� 61'(� I ��� I 3°l'o I o 4 0 �P� Oo5'l �o°nti y' SO / 510 v V °u ° o 1�406 2�I �3�� a °Zg1 0 25 40 u o 3� \ o o Ii �i J i I i I 0 f 5- 6 yo�(Ib2 I �h 5 I '0 1 a°°a I I I ��� ( I d «i� ,' o° 5U SO S v �I 9�'° �PS� �Ph91 N N v �Y N lot 102 cz Qq �, V � 5 , x¢o ao �P18pp PA P od4 t'P i I I ALA, 4' Z W r �_ 0° O oo �� oj1 9 N "r, I i1! 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