Zoning Verification - SignedCOMMUNITY DEVELOPMENT DEPARTMENT
33325 8th Avenue South
Federal Way, WA 98003-6325
253-835-7000
www.cityoffederalway.com
Jim Ferrell, Mayor
September 17, 2020
Lauren Pavatte
Armada Analytics Inc.
55 Beattie Place, Suite 1510
Greenville, SC 29601
lpavatte@armadaanalytics.com
Re: File #20-103319-00-AD; ZONING VERIFICATION
Fox Run Condominiums, 34720 2nd Lane South, Federal Way
Dear Lauren Pavatte:
This letter is in response to your inquiry regarding the zoning compliance of Fox Run Condominiums located
at the above address, received by the Department of Community Development at the City of Federal Way on
August 28, 2020.
1. The current zoning for the above property is Multi-Family Residential (RM) 1800 (1unit/1,800 square
feet) and Professional Office (PO). The subject property was originally two parcels, the larger of which
was zoned RM 1800 and the smaller of which was zoned PO. In 1997, a lot line elimination, which
eliminated the lot lines dividing the two parcels, was recorded. The effect is that the current property is
one legal lot with split zoning
2. Pursuant to Federal Way Revised Code (FWRC) 19.205.040, detached or stacked dwelling units are
permitted uses in an RM 1800 zone. This use is permitted by right.
3. The Fox Run Condominiums were constructed in 1982 under the King County zoning code prior to the
February 28, 1990, incorporation of the City of Federal Way. Any legally permitted aspects, elements,
activities, or uses on the subject property that do not conform to the FWRC would be considered legally
nonconforming. Typically, the city determines the nonconformance of a site and its improvements as
part of a formal review of a specific development proposal. At that time, a site inspection and full
nonconformance analysis will be required in order to identify what nonconforming aspects of a site,
and/or its improvements, must be brought into conformance.
As noted above, a small portion of the parking lot (zoned PO) is considered a legally nonconforming use.
4. Since the city’s incorporation in 1990, this property has not been granted any variances, special exceptions,
conditional use permits, or zoning relief.
Lauren Pavatte
Page 2 of 2
September 17, 2020
20-103319-00-AD Doc. I.D. 80769
5. As noted above, we do not know if certain elements of the site may be nonconforming.
Per FWRC 19.30.200, if a nonconforming use or development is damaged by sudden accidental cause,
that use or development, including associated improvements, may be reconstructed if it meets the
following requirements:
(1) The use or development, including associated improvements, as reconstructed, is not any
more nonconforming than it was immediately prior to the damage.
(2) The applicant applies for building and any land use permits to reconstruct the damaged
improvement within six months of the date of the damage and reconstructs the
improvement pursuant to such permits.
The portion of the property with the PO zoning is improved with a surface parking lot utilized for accessory
parking. Because the PO zone does not allow residential uses (or uses accessory to a residential use), the PO
zoned part of the property is considered a legally nonconforming use. As this is a small portion of the
overall property, there does not appear to be any zoning provision that would prevent the reconstruction of
these parking improvements in the event of damage or destruction, nor their continued use.
For specific information regarding legal nonconformance issues, please visit our city website at
www.cityoffederalway.com for the nonconforming chapter of the FWRC (19.30).
6. According to the city’s database, there is no record of outstanding building or zoning code violations for
the subject property at this time.
7. King County was the applicable zoning and building authority at the time of construction for this
property. We encourage you to contact the King County Department of Permitting and Environmental
Review Record Center at permitrecords@kingcounty.gov, or 206-296-6696, to inquire about records they
may have, and to obtain the Certificates of Occupancy or site plans they may have. You will need to
provide them with the parcel number(s) pertaining to the property.
8. Fox Run Apartments was built under the jurisdiction of King County. Therefore, the city cannot say
whether or not the property was developed with site plan approval.
If you have any questions regarding this letter, please contact me at chaney.skadsen@cityoffederalway.com.
Sincerely,
Chaney Skadsen
Associate Planner