16-103264 y r .
` CITY OF I '. -• '.
Federal VVay 3 325 th Avenue South
Federal Way,WA 98003 6325
(253)835-7000
www.cityoffederalway.com
Jim Ferrell, Mayor
James B. Hall July 15, 2016
32027 26th Ave SW
Federal Way, WA 98023
RE: File#16-103264-00-AD; REASONABLE ACCOMMODATION—SIDE SETBACK INTRUSION
Manna Care& Services LLC,32027 26th Ave SW,Federal Way
Dear Mr. Hall:
This letter is to inform you that the Department of Community Development has determined that the
handicap ramp described in your July 7, 2016, letter is permissible under the reasonable modification
provisions of the Americans with Disabilities Act(ADA). In researching the proposal, staff identified that
under the ADA, Subpart B of the General Requirements, Part 35, Section 130, Paragraph (b)(7), public
entities may make reasonable modifications in policies, practices, or procedures where necessary to avoid
discrimination on the basis of disability.
Your letter noted that the residence at 32027 26'h Ave. SW is used as an adult family home,and the ramp
will service clientele who are disabled,and will provide emerygency access and egress. City files note that
a business license application for Manna Care& Services, LLC was submitted and is under review for file
#16-1031 10-00-B L.
The property in question is zoned RS 7.2, Single-Family Residential, with a minimum side setback of five
feet(Federal Way Revised Code 19.200.010). At a site visit on July 12,2016, planning staff confirmed
the handicap ramp appears to be within about two feet of a wooden privacy fence at 32019 26th Ave. SW.
Although a licensed surveyor has not marked the precise location of the property line, it is believed the
ramp encroaches upon the Northern side setback. City records show no application for a permit to build
the ramp.
The encroachment into the setback will allow for reasonable accommodation in order for occupants to
fully enjoy the rights and privileges of this residential property. Furthermore,the City has determined that
the ramp is not 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. Based on this decision, it is not necessary
to process and obtain a variance for the intrusion.
If you have any questions regarding this letter, please contact Senior Planner Dave Van De Weghe at 253-
835-2638 or david.vandeweghe(7a,cityoffederalway.com.
Sincerely,
Stacey Welsh
Acting Planning Manager
c: Esther Pangga,32027 26"Avenue SW.Federal Way. WA 98023
Dave Van De Weghe.Senior Planner
Doc.I r) 7400
RECEa ST FOR ADMINISTRATIVE DECISION
CITY OFi' DEPARTMENT OF COMMUNITY DEVELOPMENT
Federal Way JUL U 7 2016 33325 8th Avenue South
Federal Way,WA 98003-6325
CITY OF FEDERAL WAY 253-835-2607;Fax 253-835-2609
CDS www.cityoffederalway.com
FILE NUMBER I (p - 1 Q �— L Date J 7 4
Applicant
NAME PRIMARY PHONE
�,i► f tier /n'4.! 7 4i �a er /lad (/ ojwctJ 66 �.r'3 - 201.. 7s'i7
BUSINESS/ORGANIZATION ./ ALTERNATE PHONE
A du/i iraMY/jy Moir/r.
MAILING ADDRESS E-MAIL
3�va cct qu e Z q detegyaAv•e44--►
CITY STATE ZIP FAX p
fede'-a/ /tJay, 1N 4 Spa o 3
Property Address/Location 3 a 0el? 4 L 444, £LV
4dMa. k as h/A 91-D.)3
Description of Request
( .Cee, Q ,
List/Describe Attachments
For Staff Use
Code Interpretation/Clarification - No Fee
❑ Critical Areas Letter/Analysis/Peer Review - No Fee(Actual Cost if Applicable)
❑ Request for Extension(Land Use/Plat Approval) - Check Current Fee Schedule
❑ Revisions to Approved Permit - Check Current Fee Schedule
❑ Tree Removal - No Fee
❑ Zoning Compliance Letter - Check Current Fee Schedule
Bulletin#079—January 4,2016 Page 1 of 1 k:\Handouts\Request for Administrative Decision
Isaac Conlen
Planning Manager
Department of Community Development
City of Federal Way
33325 8th Avenue South
Federal Way, WA 98003
RE: Request for Administrative Decision
Dear Mr. I. Conlen,
Our future adult family home has built an emergency egress dock with ramp(R311.8.2)for
our disabled wheel chaired resident. We have build an area to fit all five possible residents
simultaneously, to enable a quick staging area as residents are taken out of home to prevent
inhalation of smoke or harm from fire. Once all are accounted for outside of home and on
dock, we will be able to easily roll them down to the ramp and towards the street. The dock
also provides enough area for fire department and EMT individuals to set-up emergency
equipment in case emergency responders are alerted.
Our adult family home request an approval to this dock and ramp which justifies the
requirements base on 28 CFR 35.130 that states, " .....reasonable procedures when the
modifications are necessary to avoid discrimination on the basis of disability...."
Thank you for your kind consideration,
Respectfully,
Jame 11
Property Owner
Esther 'angga
AFH Provider
�halo(, (►�
4P CFR 3,r./3V (�)
28 CFR 35.130 - General prohibitions against discrimination. I US Law I LII/Legal Infor... Page 1 of 1
(7) A public entity shall make reasonable modifications in policies,
practices,or procedures when the modifications are necessary to
avoid discrimination on the basis of disability, unless the public
entity can demonstrate that making the modifications would
fundamentally alter the nature of the service, program,or activity.
https://www.law.cornell.edu/cfr/text/28/35.130 6/17/2016