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92-101824q46-cf -f:�. OFFICE OF THE HEARING EXAMINER CITY OF FEDERAL WAY IN RE: Appeal of an administrative ) interpretation by the Director ) ANALYSIS AND of Community Development ) MEMORANDUM OF Services relative to ) RESPONSE BY issuance of a single family ) CITY OF building permit for Thorstad ) FEDERAL WAY I. SUMMARY OF APPEAL. This memorandum is submitted by the City of Federal Way ("City") in response to an appeal filed by Jonathan D. Rand ("Rand") challenging the City's issuance of single family residential building permit number 92-0652. The site is located at 406 South 289th Street, tract A, plat of Marine Hills West (refer to Exhibit A) . Rand's appeal is comprised of four separate issues including: 1) the City's failure to follow requirements of section 115.80, Building Site, Federal Way Zoning Code ("FWZC"); 2) David L. Thorstad ("Thorstad") building plans exceed maximum 50 percent lot coverage allowed by section 20.10, Lot Coverage, FWZC; 3) a decision by the Federal Way Public Works Director to modify street requirements of Chapter 10, Required Improvements to Rights -of -Way and Vehicular Access Easements and Tracts, FWZC; and 4) Thorstad plans are based on erroneous elevation figures (refer to Exhibit B) . The appeal was filed on October 20, 1992 and is vested to the City's rules and procedures in place at the time of application. In February 1993, the City's regulations were codified and renumbered. There have been no substantive modifications to the City's administrative appeal procedures since the time of application. Code citations in the appeal application and this staff report refer to the vested code sections which have been attached as exhibits. Because this administrative appeal was filed after finalization of Superior Court litigation "on these same and collateral issues, which found issuance of the permit to be lawful and which dismissed with prejudice all causes against the City on September 28, 1992, this appeal must be dismissed. ANALYSIS AND MEMORANDUM OF RESPONSE BY CITY OF FEDERAL WAY - 1 O DOC\THORSTAD.UPR a II. BACKGROUND. On April 27, 1992, the City received an application for building permit from Thorstad to construct a single family residence at 406 South 289th Street. On September 9, 1992, building permit number 92-0652 was issued to Thorstad for construction of a residence (refer to Exhibit C). On or about May 11, 1992, a lawsuit was filed by Applicant Thorstad who filed a "preemptive" action for Declaratory Judgment that the property was a buildable lot and that the City properly issued the permit ("Superior Court Appeal"). Rand, along with numerous other Marine Hill Homeowners filed a cross action. The City was named as a defendant in the original suit and in the third party action. The City was successful in having all claims against it dismissed with prejudice, along with an order that the City's issuance of the permit was proper on September 28, 1992 (See: Exhibit D, Summary Judgment Order). That Summary Judgment Order was never appealed. After the City extricated itself from the suit, the remaining parties (Thorstad as Plaintiff and the individual Homeowner Association members, including Rand, as Defendants) proceeded to trial on the issue of whether the private covenants prevent the home from being constructed on the site. On October 20, 1992, this appeal was filed with the City by Appellant Rand (refer to Exhibit E) ("City Administrative Appeal"). On November 7, 1992, Judge Steve Scott ruled that covenants of Marine Hills prevent building a single family home on the Thorstad site, based on wording of recorded covenants (refer to Exhibit E). Judge Scott's decision was subsequently appealed by Thorstad to the Court of Appeals of the State of Washington. On April 11, 1994, the Court of Appeals ruled that one-third of Thorstad's property (Tract A) is burdened by recorded covenants preventing building construction. The remaining two-thirds of Tract A is not subject to the recorded covenants (refer to Exhibit F) . On May 3, 1994, Thorstad responded to the City's inquiry regarding the status of building permit number 92-0652 in relationship to the Court of Appeals decision. Thorstad indicated in the May 3 letter that no revision to the previous building plans is necessary (refer to Exhibit G). Thorstad states that previous building plans fit within the area determined by the Court of Appeals to be outside of recorded covenants (refer to Exhibit H). Because the City is not responsible for administration of recorded covenants, no further analysis is provided on the site plan's relationship to the court Order. ANALYSIS AND MEMORANDUM OF RESPONSE BY CITY OF FEDERAL WAY - 2 DOCWHORSTAD.UPR A specific chronology related to the Thorstad property on record with the City is as follows: April 25, 1974, Preliminary Plat approved by King County Council. July 8, 1975 Plat of Marine Hills West recorded. March 8, 1991 Federal Way Water and Sewer ("FWWS") letter to City of Federal Way requesting interpretation of tract A, Marine Hills West, as legal building lot (refer to Exhibit I). April 24, 1991 Letter from Cory Smith, Federal Way Associate Planner, to Bert Ross, FWWS, indicating tract A having met criteria as a legal building site (refer to Exhibit J). May 13, 1991 Water and Sewer Easement across tract A abandoned, 1910513-0962. July 12, 1991 Letter from J. Brent McFall, Federal Way City Manager, to Marine Hills architectural review committee indicating enforcement of private covenants is not under authority of City (refer to Exhibit K). March 12, 1992 Letter from Philip Keightley, Federal Way Public Works Director, to FWWS regarding potential street improvement requirements for tract A development (refer to Exhibit L). March 14, 1992 Public auction of site. March 21, 1992 Purchase of tract A by Thorstad and Kieffer. April 27, 1992 Thorstad submits building permit application 92-0652 for a new single family residence at tract A. May 11, 1992 Summons and Complaint for Declaratory Judgment filed by Plaintiff David Thorstad (Applicant) served on the City, naming the City and Federal Way Water and Sewer District, Marine Hills Homeowners Association, and the City of Federal Way as Defendants. ANALYSIS AND MEMORANDUM OF RESPONSE BY CITY OF FEDERAL WAY - 3 DOC\THORSTAD.UPR June 15, 1992 Answer, Affirmative Defenses, Counterclaim and Cross -claim by Marine Hills Homeowners Association filed, which includes City as Third Party Defendant. July 8, 1992 Federal Way's Answer to Complaint. August 13, 1992 Federal Way files Cross -Motion for Summary Judgment and Motion to Dismiss, Memorandum in Support of Motions (see attached Exhibit M). August 26, 1992 Letter from Jeffrey Sharp, Federal Way Engineer Plans Reviewer to Thorstad identifying certain street improvement specifications (refer to Exhibit N). Sept 9, 1992 Building permit 92-0652 issued (refer to Exhibit C). September 28, 1992 Order signed by King County Superior Court Judge Shapiro granting a Motion for Summary Judgment as to Defendant City of Federal Way and denying Motion for Summary Judgment as to Homeowner Defendants and Granting Summary Judgment as to Federal Way Water and Sewer District (refer to Exhibit D). October 20, 1992 Appeal of administrative decision of the Director of Community Development Services filed by Rand (refer to Exhibit B). November 7, 1992 Judge Steve Scott, King County Superior Court, ruled that covenants of Marine Hills prevent building of single family home on tract A, based upon the wording of the recorded covenants (refer to Exhibit E). April 16, 1993 Letter from Gregory D. Moore, Federal Way Land Use Manager, to Thorstad tolling building permit number 92-0652 1992 (refer to Exhibit 0). April 11, 1994 Washington Court of Appeals ruling stating that one-third of tract A is burdened by recorded covenants and the other two-thirds is not subject to the recorded covenants (refer to Exhibit F). ANALYSIS AND MEMORANDUM OF RESPONSE BY CITY OF FEDERAL WAY - 4 DOC\THORSTAD.UPR III. TYPE OF ACTION. This appeal is filed pursuant to the provisions of section 175.65 FWZC (refer to Exhibit P) related to interpretations of the Director of Community Development Services. Section 175.65(1) FWZC specifies that: Any person who is aggrieved by an interpretation issued by the Director of Community Development Services may appeal that interpretation at any time. The Rand appeal has been filed in accordance with provisions of Section 175.65 FWZC; however, issues of res judicata, mootness, and collateral estoppel prevent this appeal from being proper at this time. Specifically, the appeal challenges interpretations of the Director of Community Development Services related to building lot and development standards summarized in Section I and addressed in Section VI of this report (refer to Exhibit F). This was the exact subject matter of a prior Superior Court lawsuit and summary judgment in favor of the City. IV. LEGAL ANALYSIS IN SUPPORT OF DISMISSAL OF APPEAL. On September 28, 1992, King County Superior Court Judge Shapiro granted a Motion for Summary Judgment in favor of the City in King County Cause No. 92-2-09851-2 (see attached Exhibit D). In the Order, the Judge found there was no genuine issue as to any material fact that the application of the Federal Way Building Code may allow construction of one single-family residence on the subject property, Tract A, and that the City may properly issue the permit. The Order further dismissed all causes of action against the City, with prejudice, brought by Petitioner Thorstad and by the numerous Third Party Plaintiffs, who were members of the Marine Hills Homeowners Association, and who included John Rand, the Appellant, in this Administrative Appeal. The Summary Judgment Order in favor of the City was never appealed. This administrative interpretation appeal should be dismissed, as the issues raised by Appellant Rand are either res judicata_, based upon the existence of Superior Court Order pertaining to the same subject matter raised in the appeal, and/or as to issues not raised on appeal, are subject to the rule of collateral estoppel. Thus, under either the theories of res judicata or collateral estoppel, Appellant Rand is foreclosed from pursuing at this time the City's administrative appeal process. Staff Report Section II reviews the procedural history on this matter. By way of additional factual background, the Examiner should be aware that the subject property was sold by the Federal Way Water and Sewer District (hereinafter "District") after the ANALYSIS AND MEMORANDUM OF RESPONSE BY CITY OF FEDERAL WAY - 5 DOCWHORSTAD.UPR District determined the property to be surplus and no longer needed for a water tower location. (Please see extensive fact recitations included in the City's and the District's Memorandum in Support of Summary Judgment, King County Cause No. 92-2-09851-2, "City Memorandum" attached hereto as Exhibit M.) Applicant Thorstad was the successful bidder on the District's auction of the property. Marine Hills Homeowners Association had full opportunity to bid and/or purchase the property; however, Thorstad was the successful purchaser. After the sale of the property to Thorstad, Thorstad applied to the City for a building permit. The City received numerous communications from Marine Hills Homeowners Association individual members all protesting to Thorstad's intended use of the property and debating the City's ability to issue a building permit. The Homeowners Association argued that the City lacked jurisdiction to issue the building permit. The Homeowners based this argument on the existence of restrictive language contained on the face of the plat which restricted construction of a home on any lot within the plat less than the minimum lot size required by the zoning then in effect. It is acknowledged that Thorstad's subject property is smaller than the minimum lot size allowed pursuant to the zoning code. However, the City maintained, continues to maintain, and the King County Superior Court agreed, that the City has jurisdiction to issue the building permit was based upon legal theories, including but not limited to: 1. Pursuant to (then)'Federal Way City Code Section 115.80, the City has incorporated a savings clause, whereby if a lot was legally created prior to the adoption of the zoning code, even if it does not meet the zoning requirements in effect, and in order to prevent a takings claim, the property may be used for the construction of a single-family home. Thorstad's building permit application was approved pursuant to that savings clause; and 2. The City has no jurisdiction to enforce private plat restrictions or homeowners covenants. In May 1992, Applicant Thorstad filed a "preemptive" lawsuit in King County Superior Court, where he sought an order declaring that the subject property was a "buildable lot" under Federal Way Codes. The lawsuit also requested a determination that the District properly complied with SEPA. The King County Superior Court action originally named as Defendants the City, the District, and individual members of the ANALYSIS AND MEMORANDUM OF RESPONSE BY CITY OF FEDERAL WAY - 6 DOCWHORSTAMPR Marine Hills Homeowners Association, in their individual capacities. The individual defendants chose to answer collectively, and were represented by the law firm of Perkins Coie. As part of the individual defendants' answer, they chose to file a cross -claim against the City of Federal Way and the District. The City of Federal Way thus became a defendant in both the original action brought by Applicant and the Cross -claim brought by the individual Marine Hills Homeowners, including Rand. As part of the City's defense, the City brought a Motion for Summary Judgment in which the City contended that the subject property is subject to the provisions of the Federal Way Zoning Code and pursuant to the Zoning Code provisions, Tract A meets the criteria for a legal building lot. (See: City Memorandum, Exhibit M) . The King County Superior Court action was extensively briefed, involved numerous parties, including the individual members of the Homeowners Association, and all parties were represented by able counsel. The summary judgment was argued on or about September 28, 1992.E At that time, King County Superior Court Judge Shapiro granted the Federal Way Water and Sewer District's and the City of Federal Way's Motion for Summary Judgment. (See: Exhibit D.)2 The Motion for Summary Judgment issued by Superior Court in favor of the City was not appealed by any party. After the City extricated itself from the suit, the remaining parties (Thorstad as Plaintiff and the individual Homeowner Association members, including Rand, as Defendants) proceeded to lFor the Examiner's use, a Court prepared video of the Summary Judgment argument and oral decision is available for review. 2The City also included in its argument on summary judgment that the Plaintiffs' cross -claim was barred by Defendant Homeowner's failure exhaust administrative remedies. The City argued that the Homeowners Association members' failure to file an administrative appeal of the City's issuance of the building permit presented a bar to the Superior Court action. The Superior Court granted the City's Motion for Summary Judgment based upon agreement with the City's interpretation that Tract A is a buildable lot; however, it is ironic that Rand, by his administrative appeal filed after the Superior Court order exonerating the action of the City, now seeks to put the cart before the horse, by pursuing administrative appeal after a Superior Court has definitely ruled on this matter. ANALYSIS AND MEMORANDUM OF RESPONSE BY CITY OF FEDERAL WAY - 7 DOCWHORSTAMPR trial on the issue of whether the private covenants prevent the home from being constructed on the site. Nearly a month after the issuance of the Order in favor of the City, Rand, a Defendant, and a Third Party Plaintiff against the City in the prior Superior Court action, filed this appeal of administrative decision. In this appeal, Rand repeats issues raised in Superior Court which are barred by res judicata, and alternatively, if it is asserted that new issues are raised, the City maintains the doctrine of collateral estoppel definitively prevents re -litigation on issues that could have, and should have, been raised as part of the subject matter of the original Superior Court lawsuit. The circuitous nature of Rand's action is made more clear by projecting out the results of any Examiner decision on this appeal, should the Examiner not declare the issue moot. Any decision by the Examiner is appealable to the City Council and thence to King County Superior Court (see Federal Way City Code Section 175, et al.). The end result of the appeal is that the Superior Court would once again be ruling on the exact and/or related collateral issues that were addressed in the 1992 litigation. A clear and basic application of res judicata'and collateral estoppel acts as a complete bar to this attempt by Appellant to obtain a "second bite of the apple" and re -litigate the buildability of the lot, and the legality of the building permit issued by the City of Federal Way. In support of the City's position, in addition to the above - referenced litigation documents, the King County Superior Court file for Cause No. 92-2-09851-2 is attached for the Hearing Examiner's review as Exhibit Q. Accordingly, based upon doctrines of res j udicata, collateral estoppel, and judicial economy, the City of Federal Way respectfully requests the Hearing Examiner to deny this appeal by Rand. Alternatively, without any degradation of its position that the appeal must be dismissed, the City submits the below analysis of the substantive issues of the Rand appeal. V. PROCEDURE. 5.1 Hearing. Pursuant to section 175.65(3) FWZC, all appeals of interpretations will be reviewed and decided upon using process II. If the interpretation of the Director of Community Development Services is modified, the director is required to: a) Place the modifying decision in the interpretation file; and ANALYSIS AND MEMORANDUM OF RESPONSE BY CITY OF FEDERAL WAY - 8 DOC\THORSTAD.UPR b) Change or remove, as appropriate, the interpretation that was modified (section 175.65(4) FWZC). The Hearing Examiner's final decision on this matter is appealable to the Federal Way City Council. 5.2 Process II Criteria. Process II requires the Examiner to consider the following decisional criteria. The City's analysis as to how the proposed Thorstad project meets process II decisional criteria is provided. (a) It is consistent with the Comprehensive Plan. City's Response: The site is designated SR (Suburban Residential) under the City of Federal Way Comprehensive Plan. The SR designation establishes single family residential areas ranging in density from 4 to 8 dwelling units per acre. Thorstad proposes to construct one single family residence on a legal building site designated as SR. The proposed project is consistent with other properties in the area that are planned for and developed with single family homes. (b) It is consistent with all applicable provisions of this chapter. city's Response: The permit application was reviewed under the provisions of Federal Way Zoning Code (FWZC) section 20.10, Residential Single Family - Detached Dwelling Unit. The application was reviewed by the Planning Department, Public Works Department and Building Department for compliance with all applicable codes then in effect. The proposed project is consistent with all applicable regulations as required, or as have been modified under authority of the City's regulations. (c) It is consistent with the public health, safety and welfare. City's Response: The project complies with all City zoning, building and improvement requirements for single family construction within a residential zone. There are no known elements of the project which are inconsistent or will impact public health, safety or welfare. The project is not inconsistent with City standards of health, safety and welfare. ANALYSIS AND MEMORANDUM OF RESPONSE BY CITY OF FEDERAL WAY - 9 DOMHORSTAMPR . SUBSTANTIVE ANALYSIS. The following is the City's response to each of the issues argued in the Rand appeal (refer to Exhibit B). This analysis is supplemented by the analysis on'file in Superior Court Cause No. 92-2-09851-2, Exhibit Q, which is attached hereto and incorporated by this reference. A summary of each issue claimed by Rand precedes the City's response. 6.1 The Planning Department failed to follow the requirements of section 115.80 FWZC. City's Response: In a letter dated April 24, 1991, the City first responds on this issue. Cory Smith, Federal Way Associate Planner, responded to an inquiry by the Federal Way Water and Sewer District regarding tract A, Marine Hills West (refer to Exhibit J). The District inquired if tract A was considered a building lot pursuant to City of Federal Way regulations. The criteria for determining whether a parcel is a legal building site is contained in section 115.80 FWZC (refer to Exhibit R). Section 115.80 specifies that: "1. General - It is a violation of this code to erect a structure on or to otherwise use or occupy any lot or parcel unless that lot or parcel is a legal building site. A lot or parcel is a legal building site if it meets all of the follow criteria: a. It was created or segregated pursuant to all applicable laws, ordinances and regulations then in effect. b. Except as specified in paragraph 2 of this section, it is at least as large as the minimum lot size established by this code. (paragraph 115.80(2)(b) specifies that one residence can be constructed on a lot regardless of size if the lot lines were recorded prior to February 28, 1990, and the lot has not been simultaneously owned by the owner of a contiguous lot subsequent to that date) C. It is adjacent to a street, providing access to that lot or parcel, that meets the minimum requirements established by or under this code." Ms. Smith's letter correctly interpreted that tract A meets all City requirements of legal building site as follows and is hereby incorporated by reference as though set forth in full: ANALYSIS AND MEMORANDUM OF RESPONSE BY CITY OF FEDERAL WAY - 10 DOWHORSTAMPR 1) The parcel was legally platted as part of Marine Hills West subdivision, approved by King County as a preliminary plat on April 25, 1974 and recorded with the King County Assessor's Office on July 8, 1975. The lot was created pursuant to all applicable laws then in effect. 2) As identified by Thorstad, tract A is 7,558 square feet in size. Existing zoning of the site and surrounding area is RS 9600 square feet, requiring a minimum of 9,600 square feet of area per lot. Therefore the lot does not meet minimum lot size requirements of the City's RS 9600 zone and is considered nonconforming in size. However pursuant to section 115.80 (2) (b) , because the lot was recorded prior to February 28, 1990, one residence may be constructed on the lot. 3) At the time of Ms. Smith's interpretation, it was noted that minimum street improvement requirements related to development of tract A could be met. In accordance with authority granted under section 110.60 FWZC (refer to Exhibit S), the Public Works Director approved the building permit with modifications to the City's street improvement requirements. Tract A is located adjacent to a street providing access to the lot that meets minimum requirements of City regulations as modified by the Public Works Director. This analysis was expanded upon in the City's Memorandum, Exhibit M, and was used by the Court to support its Order in favor of the City. The Appellant provided no evidence to the Superior Court, or now, that modifies the City's interpretation that this lot is a legal building site. 6.2 The approved plans exceed the required fifty percent limitation for "impervious surfaces coverage" dictated by the code and stated on the issuance of the building permit itself. City's Response: At the time of building permit application, the Thorstad building plans were reviewed for compliance with all City regulations. Based on information provided by Thorstad with the building permit application, impervious surface coverage was calculated to be 49.95 percent. This calculation is based on a total proposed impervious surface area of 3,775 square feet on a lot of 7,558 square feet. Impervious surface calculations include building, deck, driveway and sidewalk areas (refer to Exhibit H). ANALYSIS AND MEMORANDUM OF RESPONSE BY CITY OF FEDERAL WAY - 11 DOC\THORSTAD.UPR Section 20.10, Lot Coverage, FWZC (refer to Exhibit T), previously limited lot coverage to no more than fifty percent of a site. Section 115.90 FWZC (refer to Exhibit U) defines lot coverage as: "...the area of all structures, pavement and any other impervious surface on the subject property..." Exceptions to lot coverage include wood decks with gaps over pervious area, vehicular access easements serving more than one lot and a portion of grass grid pavers. Because Thorstad's residence is proposed to be constructed to the previously allowed maximum lot coverage of fifty percent, conditions were added to building permit number 92-0652 highlighting to the applicant that impervious surface coverage may not exceed fifty percent. The appellant argues that all street right-of-way must be deducted from lot size calculations. The City concurs with this argument, and has verified that all existing and newly dedicated right-of-way has been removed from lot size calculations. Adoption of a revised zoning ordinance on May 20, 1993 resulted in modifications to maximum lot coverage within RS zones. Maximum lot coverage within the City's RS 9.6 zone has now been increased to sixty percent. Any development proposal within the RS 9.6 zone is eligible to construct impervious surfaces to a maximum of sixty percent of the site. This analysis was expanded upon in the City's Memorandum in Support of Summary Judgment, and was used by the Court to support its Order in favor of the City. The appellant has provided no evidence verifying that proposed impervious surfaces exceed the maximum fifty percent coverage allowed by previous City regulations. 6.3 The City Public Works Director recanted on his earlier written requirement that the radius of the inside north corner of the cul-de-sac roadway would have to be widened to improve traffic safety and circulation. City's Response: In a letter dated March 12, 1992, Philip Keightley, Federal Way Public Works Director, responded to an inquiry by the Federal Way Water and Sewer District regarding tract A, Marine Hills West (refer to Exhibit L). The District ANALYSIS AND MEMORANDUM OF RESPONSE BY CITY OF FEDERAL WAY - 12 DOWHORSTAMPR inquired about specific street improvements required in the event tract A was developed. In summary, Mr. Keightley determined that: 1) Widening the existing 22 foot wide road to 28 feet around tract A would not be harmonious with other existing roadway improvements; 2 ) Sidewalk would not be required on the tract A side of South 289th Street; 3) The existing ten foot inside curb face radium located on the northeast corner of the site needs to be widened to thirty feet; and, 4) Right-of-way for the new thirty foot inside curb face radium would be required. During the City's review of Thorstad's proposed building plans, it was determined that widening of the roadway through this area is not feasible due to topography and super elevation of South 289th Street. In a letter to Thorstad dated August 26, 1992, Jeffrey Sharp, Federal Way Engineering Plans Reviewer indicated that the thirty foot dedicated fillet right-of-way section shall be constructed of crushed rock. The existing curb will be left in place with the top of crushed rock placed flush with the top of curb. This additional roadway area behind the curb will provide sufficient turning radius for oversize vehicles. The decision to modify the City's street improvement requirements was conducted under authorization of the Federal Way Public Works Director pursuant to section 110.60, Modifications, Deferments and Waivers, FWZC (refer to Exhibit S). This issue was also specifically argued in the prior litigation, with the Court ruling in favor of the City. Thorstad is required to comply with all street improvements required by the City. The required 30 foot fillet section has already been dedicated by Thorstad to the City. 6.4 The City should be advised that some erroneous elevation figures may have been used on the building plans submitted to the Planning Department. Cit 's Response: The appellant indicates that "elevation figures used on the building plans seem to indicate that the "lowest point" reference on the plans may be in error by between two and seven feet". The appellant suggests that the ANALYSIS AND MEMORANDUM OF RESPONSE BY CITY OF FEDERAL WAY - 13 DOC\THORSTAD.UPR city "does nothing to verify the elevation figures stated on the plans". Through the City's plan review process, building height is checked to ensure compliance with maximum building height requirements of the FWZC. Building height is calculated and verified utilizing information provided by the applicant, reviewing other City records and map documents, and by conducting a site visit. A topographic survey of single family home sites is normally not required. Height of structures is defined by definition 3.10.351 FWZC (refer to Exhibit V) as: "The vertical distance above the average building elevation measured to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the average height of the highest gable of a pitched or hipped roof". Average building elevation is defined by definition 3.10.040 FWZC (refer to Exhibit W) as: "A reference datum on the surface topography or a subject property from which building height is measured. The reference datum shall be a point no higher than five feet above the lowest elevation taken at any exterior wall of the structure either prior to any development activity or at finished grade, whichever is lower, provided the reference datum is equal to or lower than the highest elevation at any exterior wall of the structure prior to development activity." Maximum building height within the RS 9.6 zone is thirty feet. In applying the City's definitions of height of structure and average building elevation, building height of the proposed Thorstad building is calculated to be approximately twenty- five feet (refer to Exhibit X) . If at anytime there is a question of building height during construction, City building inspectors physically measure the height of buildings to verify compliance with approved plans and City requirements. Developer errors in site grading or topography information can result in modifications to buildings to ensure compliance with maximum building height requirements. ANALYSIS AND MEMORANDUM OF RESPONSE BY CITY OF FEDERAL WAY - 14 DOC\THORSTAD.UFR The appellant has provided no evidence that the City's calculations or Thorstad's elevation figures are in error; alternatively, this issue was one that could have, and should have, been raised as part of the Superior Court action. By Appellant's failure to do so, he is collaterally estopped from raising this or any new issue now. VII. CONCLUSION. Because this administrative appeal was filed after finalization of Superior Court litigation on these same and collateral issues, which found issuance of the permit to be lawful and which dismissed with prejudice all causes against the City on September 28, 1992, this appeal must be dismissed. DATED this loth day of May, 1994. Respec fully submitted, Carolyn A. Lake, WSBA #13980 City Attorney Attorney for Respondent City of Federal Way Greg Fe ins Senior Environmental Planner City of Federal Way ANALYSIS AND MEMORANDUM OF RESPONSE BY CITY OF FEDERAL WAY - 15 DOC\THORSTAD.UPR A B C D E F G H I J K L M N O P Q R S EXHIBITS Vicinity map Rand appeal/Administrative Appeal Building permit number 92-0652 Summary Judgment Order in favor of City November 7, 1992 King County Superior Court decision April 11, 1994 Washington State Court of Appeals decision May 3, 1994 Thorstad letter Site plan March 8, 1991 Federal Way Water and Sewer District letter April 24, 1991 City of Federal Way letter - Cory Smith July 12, 1991 City of Federal Way letter - Brent McFall March 12, 1992 City of Federal Way letter - Philip Keightley City Memorandum August 26, 1992 City of Federal Way letter - Jeff Sharp April 16, 1993 City of Federal Way letter Section 175.65 Federal Way Zoning Code Lawsuit pleadings Section 115.80, Legal Building Site, Federal Way Zoning Code Section 110.60, Modifications, Deferments and Waivers, Federal Way Zoning Code T Section 20.10, Detached Dwelling Unit, Federal Way Zoning Code U Section 115.90, Lot Coverage, Calculating, Federal Way Zoning Code V Definition 3.10.351, Height of Structure, Federal Way Zoning Code W Definition 3.10.040, Average Building Elevation, Federal Way Zoning Code X Thorstad building elevation 3Copies of the exhibits have been provided to Hearing Examiner, Applicant, Appellant and Staff. Due to the voluminous amount of text, a copy is available for review on file with the City's Community Development Services Department, Attn: Greg Fewins, for all other interested parties. ANALYSIS AND MEMORANDUM OF RESPONSE BY CITY OF FEDERAL WAY - 16 DOC\THORSTAD.UPR AFFIL IYIT OF DISTRIB TION K- KJ a.-R, _ k.L,tL5 hereby declare, under penalty of perjury of the laws of the State of Was ington, that: ❑ Notice of Application ❑ Notice of Action ❑ Notice of Application for Shoreline Management Permit ❑ Notice of Determination of Significance ❑ Notice of Determination of Non - Significance and Scoping Notice ❑ Notice of Proposed Land Use Action ❑ Notice of Public Meeting ❑ Notice of Public Land Use Hearing ❑ Shoreline Management Permit ❑ Official Notice ElNotice of Environmental Determination /c]ther_j A�,� of Non -Significance (SEPA) C &PttJe__ v ❑ Notice of Environmental Mitigated Determination of Non -Significance (SEPA) ❑Other s maile faxed / posted / to/at each of following addresses (see attached list) on �—/D -- 9`4 , 1994. Project Name File Number(s)9'C')'-0 Signa Date 6- ---% — q4 AmDAvr.Doc REviSED 2/25/94 Eric S. Wagner Casa Bella Design/Construction 838 S. 299th Fedeal Way, WA 98003 Dick & Barbara Lester 29208 7th Pl. S. Federal Way, WA 98003 Marcili Waldo 30442 8th Ave. S. Federal Way, WA 98003 Cheryl Wagner Casa Bella Design/Construction 838 S. 299th Federal Way, WA 98003 Mary Jane & Dennis Stewart 32816 3rd Ave. S. Federal Way, WA 98003 Barbara Soames-Buescher 421 S. 298th St. Federal Way, WA 98003 Elizabeth Astorm 1015 SW 349th Pl. Federal Way, WA 98023 Cheryl & Doug Peterson 429 S. 289th Pl. Federal Way, WA 98003 Jim Handmacher Bonneville, Viert, Morton & McGoldrick 820 "A" St., Suite 600 Tacoma, WA 98401 Deborah Tibbot 433 S. 289th St. Federal Way, WA 98003 Michael Flaherty 400 S. 289th St. Federal Way, WA 98003 Mike Mizumoto 417 S. 289th St. Federal Way, WA 98003 Kathy McClung Land Use Administrator Deb Barker Associate Planner Carolyn Lake City Attorney David Thorstad 29505 7th Ave. SW Federal Way, WA 98023 Jonathan D. Rand 424 S. 289th St. Federal Way, WA 98003 Ron Garrow Public Works Chris Green City Clerk's Office Greg Fewins Senior Planner Eric S. Wagner Casa Bella Design/Construction 838 S. 299th Fedeal Way, WA 98003 Dick & Barbara Lester 29208 7th Pl. S. Federal Way, WA 98003 Marcili Waldo 30442 8th Ave. S. Federal Way, WA 98003 Cheryl Wagner Casa Bella Design/Construction 838 S. 299th Federal Way, WA 98003 Mary Jane & Dennis Stewart 32816 3rd Ave. S. Federal Way, WA 98003 Barbara Soames-Buescher 421 S. 298th St. Federal Way, WA 98003 Elizabeth Astorm 1015 SW 349th Pl. Federal Way, WA 98023 Cheryl & Doug Peterson 429 S. 289th Pl. Federal Way, WA 98003 Jim Handmacher Bonneville, Viert, Morton & McGoldrick 820 "A" St., Suite 600 Tacoma, WA 98401 Deborah Tibbot 433 S. 289th St. Federal Way, WA Michael Flaherty 400 S. 289th St. Federal Way, WA Mike Mizumoto 417 S. 289th St. Federal Way, WA Chris Green City Clerk's Office Greg Fewins Senior Planner Mark/Jeanne Brandt 1013 SW 305th St. 98003 Federal Way, WA 98023 William Hicks 29219 7th Pl. S. 98003 Federal Way, WA 98003 Margaret Mizumoto 417 S. 289th 98003 Federal Way, WA 98003 Kathy McClung Land Use Administrator Deb Barker Associate Planner Carolyn Lake City Attorney David Thorstad 29505 7th Ave. SW Federal Way, WA 98023 Eric Gardner & Ginger DeAnn Neer 30043 1st Ave S Federal Way, WA 98003 Peter & Carol Halcrew 1321 S. Puget Dr., E31 Renton, WA 98055 Michael Wukelic, MD Virginia Mason 33501 1st Way S. Federal Way, WA 98003 Jonathan D. Rand William jlicks 424 S. 289th St. 292 kl. S. Federal Way, WA 98003 F deral Wa , WA 98003 Irene & Richard Cook 28829 6th Ave. S. Ron Garrow Federal Way, WA 98003 Public Works �v C� Robin Wilson 1111 S. 287th St. Federal Way, WA 98003 Jana Swenson 401 S. 289th Federal Way, WA 98003 Erika Swenson 401 S. 289th St. Federal Way, WA 98003 M O O • 00 m to 4 O N cM >y 3 rci •r-I a� W r-I rd a) M tU a N W a 3 � o�xa- 1 IOZ0+3 • MOOD... O Q coo y W C7,000 N Y O W UTAV)rll. 0 y � W t 3 0 i"aro a� IQ O H of O C3 W a m 7 H 7 o W CC fir. CITY Of,'m 33530 1 ST WAY SOUTH . FEDERAL WAY, WASHINGTON 98003 CITY OF FEDERAL WAY DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES 33530 1ST WAY SOUTH FEDERAL WAY, WA 98003 (206) 661-4000 NOTICE OF PUBLIC HEARING The City of Federal Way Department of Community Development Services has received an administrative appeal on building permit application 92-652 NR pursuant to Federal Way City Code (FWCC) section 22-5. File Number: UPR 92-0011 Name of Appellant: Jonathan Rand Project Address: Marine Hills West, Tract A, 406 South 289th Street Federal Way, WA 98003 Staff Contact: Greg Fewins, Senior Planner, 661-4108 The appeal application will be reviewed under the provisions of FWCC Article VII, Process II. The Federal Way Hearing Examiner will conduct a public hearing on the administrative appeal on Tuesday, May 17, 1994 at 2:00 PM in the City Hall Council Chambers, 33530 1st Way South, Federal Way. Any person or public agency expressing an interest in this matter is invited to submit written comments to Greg Fewins, Senior Planner, on or before 2:00 PM, May 17, 1994. The official file is available for review at the Department of Community Development Services, 33530 1st Way South, Federal Way, WA 98003. Written comments may also be submitted to this address. Published in the Federal Way News on Saturday, April 30, 1994. n�v��o I rNrK — �rmv.r[) I •L S 'g' ... . VIC11 l YIAP TITY S POTH ••- p � 7 N i _ t�a��r c• 5 M.. x ws rinp+ I 1 s: .~ � •rawws rrl.i^' r �- rng -- -- -{-•----•-•------�— wit, ix .�� n rll —n-- �— - ol .� x^ r rf SITE LOCATION Y� 3 I � _. ",, I x l d s all=r rrr : s }xc �x.s. s Y�onmvw w sr .r fm 5 f Y + �• �. • r 1{�l 04) M 1f •S � S ISTY t -A� `"rr •� S7rIS1 , SIT1�E LOCATION is92.63 x�.o� 9s .�4 'yry�..r�V 99 �'•ZS£ a •f•^l e7•zC •ns „27S(Y-J 12 _� ...•�:. k�1c, V s� yn pG• • l4- � Y 15 IV ; � R ��• rr.O� �� T .a N TR.A23 ti y 12 �3 - c �� 4 "~ i5=jp tq9 •R "i h i F �• 4 1 ii,Q '•-rB/'�R 24 ns pZ/e or itKIP ps n v iy �t Tg. B, t� • `�I. Vj�.1►n- 14 YY• �: t; y-. _ r• 5•' ..'r�- oA.i 10 �� •^ryb Y,�,' DDT !'slw..rrw r p1� I S°° -R-.-s:,.- I _ }• R� - - Y� ;`=•,y.-- w o. I n':Js.I�B.• 79 E .] 1D '�)�, `'�� e.+��k � ;,:.r aES � J.�• � • `-t4 s. :•�45 V �. ,iy OL + •sr`�sa-.tyas� w •y" R� f 9• 's •t: Jazz e�6°• $Y SF rs,•? r�l.r� 04 h� r2 p3 15 ate• ti r c"� , kK �^ r:� rr' ��` z nr� r�$ Jr r�:. 4ti Rom: �"' s;VVI-•• .6 +n 0 05° /4❑ "� - 4 N kr P4 * IL:11 1 i r °oe = p�1 t -?t t 4 k rr;y.y � =s ti L• � (Ta ��y- I '� 1, •- .. r" s; -• �� ., -` ;, i w iN �- �/ '�, ' �'e+r Cir}, >" •r..si rx � ti] /� }sti w r l m old° •r< 19 m4 21 oy ; t,. l° m •wr i .. ° - 'fY .• rG 1. r7 i Ja99 �•S•`5,`Y FC \\l\ Tw i.tlp��o•�sia 20 yh� i2B.oA 6 �. 16. 13 a! •fit ar' - J 22 `: .4 t, � °, , ; , � o� t A��s rt AFFIDAVIT OF PUBLICATION No. 110 STATE OF WASHINGTON ) COUNTY OF KING ) ss. I, Carla Royter, being first duly sworn on oath deposes and says: That she is the Marketing Director of The Federal Way News, a tri-weekly newspaper which is now and at all times herein mentioned has been published and printed in an office maintained at the place of publication at Federal Way, King County, Washington, that by order of the Superior Court of the State of Washington in and for King County, said newspaper is now and at all times mentioned herein has been approved as a legal newspaper for the publication of any advertisement, notice, summons, report, proceedings, or other official document required by law to be published, that said newspaper was published regularly at least once each week, in the English language, as a newspaper of general circulation in Federal Way, King County, Washington, at the time of application to the aforementioned Superior Court for approval as a legal newspaper, and was so published for at least six months prior to the date of said publication, and is now and at all times mentioned herein has been so published. That the annexed is a true copy of a Notice by the City of federal Way of May I7. 1994 2ublic hearing concernin an administrative appeal on building permit application 92-652-NR as it was published in regular issues of said newspapers once each week for a period of one consecutive week(s), commencing on the 30th day of April 1994, and ending on the 30th day of April 1994, both dates inclusive, and that said newspaper was regularly distributed to its subscribers and as a newspaper of general circulation during all of said period. That the it amount of the fee charged for the foregoing publicat nrrs the sum of $ 35.7S (.fit Subscribed and sworn to before c this Sth day of May 1994. No6ry Public in and fdsithc, tc of Washington Residing at Seattle. My commission expires 5/30/95. CITY OF FEDERAL WAY DEPARTMENT OF COMMUNITY DEVELOPMGMT— VICES 335301ST WAY SOUTH FI DERAL WAY, WA 98003 (206) 661-4000 NOTICE OF PUBLIC HEARING The City of Federal Way Department of Community Development Services has received an administrative appeal on building permlt application 92 652 NR pursuant to Federal Way City Code (FWCQ Section 22-5, File Number: UPR 92-0011 Name of Appellant: Jonathan Rand Project Address: Marine Hills West, Tract A, 406 South 289th Street, Federal Way, WA 98003 Staff Contact: Greg Fewins, Senior Planner, 851-4108. The appeal application will be reviewed under the provisions of FWCC Article VIt, Process Il. The Federal Way Hearing Examiner will conduct a public hearing on the ad- ministrative appeal on Tuesday. May 17, 1994 at 2:00 p.m. in the City Hall Council Chambers, 33530 list Way south, Federal Way. Any person or public agency expres- sing an interest in this matter is invited to submit written comments to Greg Fewins, Senior Planner. an or before 2:00 p,m., May 17, 1994. The official file is available for review at the Department of Community Development Services, 33530 1st Way South. Federal Way. WA 98003- Written comments may also be sub- mitted to this address. Published in the Federal Way News on April 30,1994. 110 AFFIDAVIT OF PUBLICATION No. 110 STATE OF WASHINGTON ) COUNTY OF KING ) ss. I, Carla Royter, being first duly sworn on oath deposes and says: That she is the Marketing Director of The Federal Way News, a tri-weekly newspaper which is now and at all times herein mentioned has been published and printed in an office maintained at the place of publication at Federal Way, King County, Washington, that by order of the Superior Court of the State of Washington in and for King County, said newspaper is now and at all times mentioned herein has been approved as a legal newspaper for the publication of any advertisement, notice, summons, report, proceedings, or other official document required by law to be published, that said newspaper was published regularly at least once each week, in the English language, as a newspaper of general circulation in Federal Way, King County, Washington, at the time of application to the aforementioned Superior Court for approval as a legal newspaper, and was so published for at least six months prior to the date of said publication, and is now and at all times mentioned herein has been so published. That the annexed is a true copy of a Notice by the City of Federal Way of May 17 1994 public hearing concemine an administrative appeal an building permit application 92-652-NR as it was published in regular issues of said newspapers once each week for a period of one consecutive week(s), commencing on the 30th day of April 1994, and ending on the 30th day of April , 1994, both dates inclusive, and that said newspaper was regularly distributed to its subscribers and as a newspaper of general circulation during all of said period. That the full amount of the fee charged for the foregoing publi.ca ' is the sum of 35.75 Subscribed and sworn to befo me this 51h day of May 1994. ; Nota&Public in andr thSJState of Washington Residing at Seattle. b . ddhunission expires 5/30/95. 1\ Cl. JF FEDERAL WAY DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES 33530 1 ST WA UTH FEDERAL WAY, (206) 661-4000 NOTICE OF PUBLIC HEARING The City of Federal Way Department of Community Development Services has received an administrative appeal. on building permit application 92 652 NR pursuant to Federal Way City Code (FWCC) Section 22-5. File Number: UPR 92-001 f Name of Appellant: Jonathan Rand Project Address: Marine Hills West,'. Tract A, 406 South 289th Street.' Federal Way, WA 98003 Staff Contact: Greg Fewins, Senior Planner, 661-4108. The appeal application will be. reviewed under the provisions of. FWCC Article VII, Process II. The Federal Way Hearing Examiner will' conduct a public hearing on the ad- ministrative appeal on Tuesday, May 17, 1994 at 2:00 p.m, in the City Hall Council Chambers, 33530 1st Way South, Federal Way. Any person or public agency expres- sing an interest in this matter is invited to submit written comments to Greg Fewins, Senior Planner, on or before 2:00 p.m., May 17, 1994. The official file is available for review at the Department of Community' Development Services, 33530 1st Way South, Federal Way, WA 98003. Written comments may also be sub- mitted to this address. Published in the Federal Way News on April 30, 1994. 110 ftcelf en MFy Q s �9 V C17,o GE,94 ' RVZ W-4V DAVID Le Architect Mr. Greg Fewins May 3, 1994 Senior Environmental planner City of Federal Way Mr. Fewins: In response to your letter dated April 20, 1994, we will not be seeking to revise permit number 92-0652, in order to comply with restrictive covenants. I have designed our house to fit within the area where no covenants apply. The driveway crosses the area encumbered, but a driveway is neither a building nor a structure. The covenants make no mention of driveway location. We may make revisions regarding lot coverage and driveway width which are unrelated to the covenants. Sincerely: David . Tho tad Terel Ann Kei er EXHIBIT PAGE OF RECEIVED BY COMMUNITY DEVELOPMENT DEPARTMENT MAY 0 1994 29505 7th Ave. S.W. Federal. Way, Wa. 98023 AFFIR. _ SIT OF DISTRIB 6- TION I -] � �lb � hereby declare under penalty of perjury of the laws of the State of Washington, that: ❑ Notice of Application ❑ Notice of Action ❑ Notice of Application for Shoreline Management Permit ❑ Notice of Determination of Significance ❑ Notice of Determination of Non - Significance and Scoping Notice ❑ Notice of Environmental Determination of Non -Significance (SEPA) ❑ Notice of Environmental Mitigated Determination of Non -Significance (SEPA) ❑ Notice of Proposed Land Use Action "otice of Public Meeting ❑ Notice of Public Land Use Hearing ❑ Shoreline Management Permit ❑ Official Notice ❑Other ❑Other waslmaile faxed / posted to/at each of following addresses (see attached list) on 1994. Project Name File Number(s) Signature Date �L AIFIDAvi.Doc REVISED 2/25/94 Carolyn E. Schuelke John McGaughey James W & Wanda L Roberton P.O. Box 5112 28701 - 6th Place S, #105 32124 - 1st Ave S, #100 Redondo, WA 98054 Federal Way, WA 98003 Federal Way, WA 98003 Lloyd & Joyce Foster Andrew & Hesook Hwang Robert & Pamela Roney 28827 - 4th Place S 504 S Marine Hills Way 28701 - 6th Place S, #207 Federal Way, WA 98003 Federal Way, WA 98003 Federal Way, WA 98003 Thorstad Kathleen Ann Wolfe Jeffery William Swenson 29505 - 7th Ave SW 28701 - 6th Place S 2319 SW 320th St Federal Way, WA 98023 Federal Way, WA 98003 Federal Way, WA 98023 Anil & Sunanda Dewan Herbert E Mull Mohammad A Saeed 434 S 289th St 14700 NE 8th St, Suite 110 28904 - 5th Ave S Federal Way, WA 98023 Bellevue, WA 98007 Federal Way, WA 98003 Resident Resident Resident 28804 - 4th Place S 28807 - 4th Place S 401 S 289th St Federal Way, WA 98003 Federal Way, WA 98003 Federal Way, WA 98003 Resident Resident Resident 28701 - 6th Pl S, #101 28910 - 4th PI S 29020 - 1st Ave S Federal Way, WA 98003 Federal Way, WA 98003 Federal Way, WA 98003 Resident Resident Resident 28110 - 5th Ave S 28805 - 5th Ave S 28701 - 6th Place S, #207 Federal Way, WA 98003 Federal Way, WA 98003 Federal Way, WA 98003 cr m CS ON o ON O 0 ' A C% p 0+ O p, 0� co 0' Irl 9-4 C O ON O 0` fn 0% 00 Q7 Q' 3 N OO* W p+ CD Q+ m QQ Ni Z O aD a Q N w + O J ]C N".` w w N u + cy- N 3 O ►a..4g JN �k T�� N 0w0.� ♦ ;f V •JJ IJCL>- i WNa 'Z I,T Q OQ SZ � 3 13Z3 OOCJ- 1 �" IZ�OJ m::JJ3 OJGL� OWCL>- 1 Y Q Q 0 "� OZ�Q V ,o Q to 1 .� a OX=X o xa 0Q0.>- a Q 1 4.�0.� Ino ow 0 aw Ihce M ICLOw O ti.. +OZF-..: "I©�OJ 1, opS3 �f 0 Ir1OCOui f,��J1�© NF-.OJ 0 1- Oh .q NZF- a %O J 0'7NLL O C7 Q 1 Z CC ► Q O W I NLL 1 0 .-� Of IG1 W O W .4 O to - .Q N N rr If1 r-� O W 1 tL1 rr Q W 1 .� w Ii1 V1 0 lU Ir Z 1- O AOmW UN jj CO w O CI- N LL +� ?- f� O Ow(vLL OWNLL N N Ir-4CCW O2:niLL n N .cs m Q� O ,-r O ON O fr1 O Q. 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W .t 0 in -i OZrnJ -�QLn W NTNCC) lt1 O Z b-+ J �- a ce cn*;s O�I-- a u `o :x N M tit p>v1J OLLJ�- -iN�' .O J N d rnCCOw 00 N ti 3 rn V' N 'Jy 0-1 a� w rd rd •( r!1 Ord a ww +-) m 0 3 4-) N v ro rd U] p co -1 ro (4 'q:V 44 M 7p � A s aw C Q 3 �. L 1 L T o U ciL I 4-J r4 m 3 m fd 00�3: 4-) N N � rd U] �4 •rl N mord a�w f O CO 1 � T 1� S OT 0 0' Dom'+ CDI� 0` O J a'O ON IT ! 0` OD CO o s 0%'^ O p Ch Q C o 1 c, aD � m co I U) Q, N ON ♦ tL �� ..I U co (A a 3 Z VR Q h Q Vf4 3 Qce O.W ^, -4W J- J �04 J M 'J OWas1! Q as rn 3 I. Q .... Q 1 Z O�Q N F- Q Q I •h LL OJH3 1' NZ ON�Q CD ilN CflOF-� O� O 1 W.�w Ow O'Q2� OIIJU OZ Q O+a�T-.I Q I. .. f` 0., .-1 = ,N.� 4 N T N ~ to LD O LLJ OG I- Ca 1' CO h- 4 O 3 -1 •CX Q Q 1 1 PC 1-4 Ce i O uj rt Z O W OOcoa In O Ln O CO W Ott NLL cq CY CO *�WN..J lc aO0 i� �h H LnpOLLI �aOW N OZ �IL�tOp NONLL Ln -J N LL ti N QC 1 to In Z P- O oo O� uj 0 `?' CC.. Z< O OQ_ S colO 0 NO N W In0]rLL oW � NWc", N ay�OC In LA O M., }' AFFIL., AVIT OF DISTRIB u TION hereby declare, under penalty of perjury of the laws oe the State of Washington, that: ❑ Notice of Application ❑ Notice of Action ❑ Notice of Application for Shoreline Management Permit Notice of Determination of Significance ❑ Notice of Determination of Non - Significance and Scoping Notice ❑ Notice of Environmental Determination of Non -Significance (SEPA) ❑ Notice of Environmental Mitigated Determination of Non -Significance (SEPA) ❑ Notice of Proposed Land Use Action Notice of Public Meeting ❑ Notice of Public Land Use Hearing ❑ Shoreline Management Permit ❑ Official Notice ❑Other ❑Other was mailed / fad / posted to/at each of following addresses (see attached list) on JJ 1994. Project 7291V12 TV)V�) 6 Signature File Number(s) 082 7 2 �6( 1 Date J AFPIDAvi.Doc REVISED 225/94 1;1 (k)/a tZ "mw NOTICE AFFIL VIT OF DISI`R[B }TTIO.N hereby declare, under penalty of perjury of the laws of the State of Washi gton, that: ❑ Notice of Application ❑ Notice of Action ❑ Notice of Application for Shoreline Management Permit ❑ Notice of Determination of Significance ❑ Notice of Determination of Non - Significance and Scoping Notice ❑ Notice of Environmental Determination of Non -Significance (SEPA) ❑ Notice of Environmental Mitigated Determination of Non -Significance (SEPA) ❑ Notice of Proposed Land Use Action ❑ Notice of Public Meeting dNotice of Public Land Use Hearing ❑ Shoreline Management Permit ❑ Official Notice ❑Other ❑Other was maile / faxed) posted to/at each of following addresses (see attached list) on &4"1 '�22 , 1994. Project Name, File Number(s)L'i''a -oGII Signature L . Date AFFIDAvi.Doc REVISED 2/25/94 4 �� 93530 1 aY' WAY �10 esi rd � F'gOEFeAL W aY. WAE7H INOTO ht 96000 Coua�LL Member. Rtury �. ®�atrs Ron Qtn2 Mahlon �SkfP " Pit�.K City Me-aagor Rohm Seiud jr—Aeeh S_ IVybsrg Rqy 7-amltierv- Ph1l WatJo"ans 1 �� A 17�'�L-� �.L7'A� � A ��J 19'_�..,i.:�Ai'l..o�� V iW.►. TO: — Y3ATS- _�-r FA.7C #_ 'P1'K.lZ�IB7ER C.bF PAC3L-^5 [Ixzcludirlg Men S,tiat4tj:- _1: F3E�.�Nfi: G7FFIC� OF. If dh rt arm essay Pr 11*mm dur=nU cros+.mist am. Pk-w.sa .all GGL-40(( M—d oaSG T'r pcmmali+^. mr" TRANSMISSION REPORT THIS DOCUMENT (REDUCED SAMPLE ABOVE) WAS SENT * COUNT *** SEND *** NO REMOTE STATION T.D. START TIME DURATION #PAGES COMMENT 1 241 2788 4-27-94 1:19PM 2'00" 2 f L. �� ---I TOTAL 0:02'00" 2 XEROX TELECOPIER '7020 CITY OF fBi M FTV33530 1 ST WAY SOUTH • FEDERAL WAY, WASHINGTON 98003 CITY OF FEDERAL WAY DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES 33530 1ST WAY SOUTH FEDERAL WAY, WA 98003 (206) 661-4000 NOTICE OF PUBLIC HEARING The City of Federal Way Department of Community Development Services has received an administrative appeal on building permit application 92-652 NR pursuant to Federal Way City Code (FWCC) section 22-5. File Number: UPR 92-0011 Name of Appellant: Jonathan Rand Project Address: Marine Hills West, Tract A, 406 South 289th Street Federal Way, WA 98003 Staff Contact: Greg Fewins, Senior Planner, 661-4108 The appeal application will be reviewed under the provisions of FWCC Article VH, Process H. The Federal Way Hearing Examiner will conduct a public hearing on the administrative appeal on Tuesday, May 17, 1994 at 2:00 PM in the City Hall Council Chambers, 33530 1st Way South, Federal Way. Any person or public agency expressing an interest in this matter is invited to submit written comments to Greg Fewins, Senior Planner, on or before 2:00 PM, May 17, 1994. The official file is available for review at the Department of Community Development Services, 33530 1st Way South, Federal Way, WA 98003. Written comments may also be submitted to this address. Published in the Federal Way News on Saturday, April 30, 1994. 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B • 58- •�P ar- 3s - m : 4 •If6.17 L rRS py I! �7 P.� oxj" ,:..r„'.�F?.?;; "��e� i': ;,V1; w" 4 Na ae xsn i.. a• _.-. .J. _ w U1 3 BD ° _OS rS7 �" yStl if y, C • ''• � •�' ^ .t -� ' ` , - -• -, r IN 5/ 1 >ti i 8 L f b st, ez 79 )i 21 ; NFT •39'.}+FE p017 �5°}iq� G r7o -•ki rzd.pA S 2 u .N y I6' !3 a (t e? �. 5• ■ Tw'a . ` N o 7 00 \ ��a glob9s y °?�,�� r�r /SA.9S ♦ `�' J �' �` Greg Fewins, Senior Planner City of Federal Way 33530 First Way South Federal Way, WA 98003-6210 Dear Greg: AIit;IItiT 16, 1994 RECEIVED BY COMMUNITY DEVELOPMENT DEPARTMENT AU G 18 1994 I wish to appeal the decision of the Hearing Examiner related to Application number UPR92-0011. This is the appeal of the David Thorstad building permit application for the property described as Tract A, Marine Hills West at 406 South 289th Street. The permit application number was 927-0652. The Hearing Examiner's decision lacks any genuine examination of the real issues that were presented to him. In fact, his decision is little more than a "rubber stamp" of the information presented by farmer Federal Way City Attorney Carolyn Lake. The Hearing Examiner was asked to consider whether or not the City Public Works Director followed correct procedure in the way he made an arbitrary decision to "'waive" the street widening requirements called for in the City Code. Our party prescntcd a clear case that serious hazards were created in an unusually poor traffic scenario that would create blind, narrow corners should a house be placed five feet from the current street. Public Works Director Philip keightly has erred in describing the island on which Tract A is located as a "culdesac". By definition of Ding County road Standards, it is clearly not a culdesac, and the requirements for road stan- dards in a "culdesac" differ from those of a "neighborhood access" street. Not only are minimum 2E foot aide roads called for in the "neighborhood access" requirements, sidewalks are as well. The decision of the Hearing Examiner states that the permit is "consistent with the public health, safety and welfare Hearing Examiner Mcc art.hy says that. "no evidence was presented that the addition of a single family resi- dence would have an adverse impact upon the public health. ttkf0y! 411d welfare". This is unequivocally false. That evidence was presented in the farm of a video-taped demonstration of the traffic hazard presented on at least two corners of the area surrounding Mr. Thorstad's property. Hearing Examiner McCarthy also relied solely upon the opinion of former City Attorney Carolyn Lake that these same issues were the thrust of prior litigation resulting in a Summary Judgment Hearing. Any individual who had thoroughly read the transcript of that Summary Judgment. or viewed the entire video tape of that hearing would clearly see that Judge Shapirra ruled only on the city`s ability to describe the Thor- stad/Kiefer property as a legal building site. Nowhere in this appeal has anyone addressed the issue of the buildability of Tract A. even though by Ding [:aunty and Federal Way city standards the true definition of a "Tract" defies the use of this kind of property as a building "lot". The Hearing Examiner further- erred in his writing by stating that "The Appellant subsequently withdrew that portion of the appeal having to do with the approved plans exceeding 50% limitation from impervious surfaces coverage, as well as that portion relating to the lot not being a buildable lot". Again, this appeal has never sought to overturn the decision of Judge Sha- pirra as to the legality of building on Tract A, even though objections to impervious surface coverage was a portion that was dropped. The Heafing Examiner has done a complete "cop-oul." on the duties charged him in this case: He states in his writing that "the Hearing Examiner should give deference to the (Public Works) Director's decision as the Director and his department are specialists retained by the City to study and implement City codes". What is the purpose of cmisulting a Hearing Examiner who professes to lack the expertise to review a judgmental position taken by the Public Works Director? How can it be that this attorney, Terence McCarthy, was seated to act as a Hearing Examiner on a case with issues he does not fully compre- hend? The Hearing Examiner took the position that a public outcry for the protec- tion of neighborhood health, safety, and welfare is not his business. I submit to the Federal Way city Council that IT P.; their business. The testimony of 9 people, the submission of over 50 letters, and the nearly 320 petition signatures requesting denial of the building permit. clearly I City Council business. I am aware that this issue was discussed in Executive Session of the City Council in a meeting on ,July 19th; the local newspaper has carried nu- merous articles on this subject; and, former City Attorney Lake campaigned mightily on behalf of Mr. Thorstad's request for a building permit, including an implied "threat" to City Council Members and City Officials if they did not rule in favor of issuing a building permit to Mr. Thorstad. As this issue comes before the City Council in this appeal process, I will ask that each member of the Council listen objectively to the issues and to the outcry from the city's residents. I also ask that the Public Works Director, whose decisions are at the root of this whole appeal, be called upon to justify his actions, rather than having a third party simply restate them: Other developers are required to make the very bind of improvements that has been the subject of this appeal. Why not David Thorstad and Terel Kiefer? Our neighborhood, and all of the 350+ people who have expressed their support for our position in this appeal, deserves the City Council's fairest consideration: Certainly, all sides are tired of the endless "legaleze" that has been uttered in this appeal. Let's get to the real issues at hand, inc# ards, io Ra 42 S 8 9th Street Federal Way, WA 98003 G. �-� &,),tis JCITYOF` 33530 1ST WAY SOUTH September 2, 1994 H. Clark Mounsey 425 South 289th Street Federal Way, WA 98003 (206) 661-4000 FEDERAL WAY, WA 98003-6210 (206) 661-4031 Re: Appeal of Administrative Interpretation Relative to Issuance of Single -Family Building Permit for David Thorstad Use Process Review 92-001 Building Permit No. 92-0652 Dear Mr. Mounsey: I am in receipt of your letter dated August 10, 1994, wherein you state you are appealing "the issuance of a building permit to Mr. Thorstad for Tract A, Marine Hills West, pursuant to Process II." Please be advised that the City will not be accepting, processing or considering this appeal because it was not filed in a timely manner. A. Process II APReals. Section 22-5 of the Federal Way City Code ("FWCC") provides that "any person who is aggrieved by an interpretation issued by the director of community development may appeal that interpretation at any time." Section 22-5(c) qualifies this right of appeal by providing in pertinent part, as follows: All appeals of interpretations of this chapter will be reviewed and decided upon using process II. Section 22-446 of the FWCC contains the guidelines for appeals under Process II. Section 22-446(b) provides in pertinent part, as follows: (b) How and when to appeal. The appeal, in the form of a letter of appeal, must be delivered to the department of community development within 14 calendar days after the issuance of the hearing examiner's decision or, if a request for,, reconsideration is filed, then within 14 calendar days., either the decision of the hearing examiner denying the request for reconsideration or the reconsidered decision, as the case may be. (Emphasis Added). Accordingly, you are required to appeal any administrative decisions within fourteen (14) days of the decision. H. Clark Mounsey September 2, 1994 Page 2 B. General Appeals. Section 2-182 of the FWCC is entitled "General Appeals," and provides in pertinent part, as follows: In the absence of a specific provision —in this code establishing an appeal period from any final action of ... an administrative official ... an appropriate appeal action must be filed ... within 14 days of the date of the final action or decision being appealed from. (Emphasis Added) . The intent of this general appeals section is to insure that a fourteen (14) day appeal period exists for all appeals of the FWCC. C. Decision of Federal Way Hearing Examiner. The Federal Way Hearing Examiner issued a decision on July 12, 1994, under Federal Way Hearing Examiner No. 94-10 that an appeal filed by Jonathan Rand should be dismissed 'based upon the principles of collateral estoppel and res judicata and in order to avoid multiplicity of lawsuits and appeals. Mr. Rand's attorney had amended Mr. Rand's issues on appeal during the hearing. The Hearing Examiner made the following finding: Mr. Handmacher indicated that if the appellant were required to limit his appeal to the three issues set forth in his appeal statement, since there is no time limit set forth in the City Code for filing appeals, he would just commence another appeal and raise the above issues. (Emphasis Added). I do not agree with Mr. Handmacher's conclusion based on the language and intent of the Code and neither did the Federal Way Hearing Examiner. The Hearing Examiner made the following further findings: Assuming arguendo that the Appellant appeals the Examiner's decision to the City Council, and that the Council elects to consider the appeal on its merits, the Examiner hereby makes the following additional findings: A. Duripg argument Mr. Handmacher indicated that unless the Examiner agreed to hear all issues, the appellant desired to present at the instant hearing even if they weren't raised in the initial appeal, he would just file another appeal pursuant to Federal Way Code since there H. Clark Mounsey September 2, 1994 Page 3 is no time limit on filing appeals. Such argument is contrary to the orderly administration of justice. It creates a multiplicity of litigation, and in effect, could be used by an appellant to indefinitely delay implementation of any land use decision by filing one appeal after another. The provisions of the City Code must be read in such a way that they are consistent with the underlying judicial concept that gives each person but "one bite at the apple." (Emphasis Added) . The Decision of the Hearing Examiner is consistent with my legal interpretation of the FWCC relevant provisions which require that your. appeal be filed within fourteen (14) days of the issuance of the building permit, the administrative action which you are appealing. D. King County Superior court Orders. Notwithstanding the fourteen (14) day time limit set forth in the FWCC prohibiting the City from considering your appeal, the express terms of two (2) King County Superior Court Orders prevent your appeal from being proper at this time. You were a party to a King County Superior Court action under Cause No. 92-02-09851-2. On August 31, 1994, Judge Steven Scott issued an order ("Order") holding that any City administrative hearings, including appeals brought by "litigant Mounsey," shall not consider any issue which: a). Was previously submitted to or considered by any King County Superior Court judges regarding this above - entitled action; or b). Could and should have been presented to, or considered by, any King County Superior Court judges in this above - entitled action. (Emphasis Added). On September 28, 1992, King County Superior Court Judge Schapira granted ,a Motion for Summary Judgment in favor of the City pursuant to Cause No. 92-2-09851-2 ("Summary Judgment Order") and found there was -no genuine issue as to any material facts, that the application of the Federal Way Building Code may allow construction of one single-family residence on Mr. Thorstad's property, and that the City may properly issue the permit. The King County Superior Court action was extensively briefed, involved numerous parties including yourself and other individual members of the Homeowners H. Clark Mounsey September 2, 1994 Page 4 Association, and all parties were represented by legal counsel. The Summary Judgment Order was not appealed by any party. You have been a party to the lawsuit in both King County Superior Court and in the Court of Appeals, and are currently seeking to commence a new administrative appeal. The Order specifically precludes the Hearing Examiner from considering any issues which were either previously submitted to the Superior Court or which could and should have been presented to the Superior Court. Your letter of appeal states that you are appealing the issuance of the building permit on three grounds: A. Alleged surface water drainage problems. B. Missing engineer's stamp of approval for windloading and/or seismic loading. C. Missing engineer's stamp of approval for the east basement wall. All of the foregoing issues you have raised could and should have been presented to the Superior Court. Accordingly, notwithstanding the FWCC provision requiring you to file your appeal within fourteen (14) days, the Order and the Summary Judgment Order precludes the Hearing Examiner from considering your administrative appeal. E. Res Judicata/Collateral Estoppel. Notwithstanding the fourteen (14) day time limit set forth in the FWCC prohibiting the City from considering your appeal, issues of res judicata and collateral estoppel prevent your appeal from being proper at this time. The subject matter of this appeal has been determined in previous actions in Superior Court and in the Court of Appeals. You are not entitled to litigate these issues again in this administrative forum. The doctrine of res judicata applies where there is identity of subject matter„ cause of action, parties and quality of parties for or against whom,, is made and bars re -litigation of issues which could have and should have been litigated in the action. Hilltop Terrace Homeowner's Assoc. v. Island County, 72 Wn. App. 91, 863 P.2 604 (1993); Rains v. State, 100 Wn.2d 660, 674 P.2d 165 (1983) . H. Clark Mounsey September 2, 1994 Page 5 The doctrine of collateral estoppel is applied to bar re - litigation of an issue if the issue presented is identical to an issue previously litigated; there was a final judgment on the merits in the previous litigation; the party against whom the doctrine is asserted was a party, or was in privity with a party, to the previous litigation; and application of the doctrine will not result in an injustice. Garcia v. Wilson, 63 Wn. App. 516, 820 P.2d 946 (1991). See also, Bar V.Day, 69 Wn. App. 833, 854 P.2d 642 (1993). At the time you challenged the City's action in granting a building permit in Superior Court, and since that date, the facts, issues and interests of parties have remained unchanged. The basis of your appeal is that the City should not issue a building permit to Mr. Thorstad. It is clear from the Summary Judgment Order that the City is free to issue the permit requested by Mr. Thorstad. It is clear from the decision of the Court of Appeals that Mr. Thorstad is free to use two-thirds of the building site to locate the building, which he has done. From these facts, it is clear that the City has properly issued the permit requested by Mr. Thorstad and that the issues attendant thereto have been fully heard and adjudicated. Alternatively, if it is asserted that new issues exist, the Order and the doctrine of res judicata definitively prevent re - litigation of issues that could have and should have been raised as part of the subject matter in the Superior Court lawsuit. F. Conclusion. Building Permit No. 92-0652 was issued by the City on September 9, 1992. Your appeal of this action was received by the City on August 10, 1994, almost two years after the date of the action. Pursuant to the FWCC, the Order and the doctrines of res judicata and collateral estoppel, your appeal is not timely and/or raises issues which could have and should have been considered during the Superior Court actions. Accordingly, your appeal will not be accepted, processed or otherwise considered by the City. Sincerely, Lo di K. Lindell City Attorney cc: Federal Way City Council Kenneth E. Nyberg, City Manager Greg Moore, Director of Community Development Services Kathy McClung, Land Use Administrator Dick Mumma, Building official Greg Fewins, Senior Planner Maureen Swaney, City Clerk LL\LET\MOUNSEY.LET JCIT�YOF 33530 1ST WAY SOUTH September 2, 1994 Mr. Jonathan D. Rand 424 South 289th Street Federal Way, WA 98003 (206) 661-4000 FEDERAL WAY, WA 98003-6210 (206) 661-4031 Re: Appeal of Administrative Interpretation Relative to Issuance of Single -Family Building Permit for David Thorstad Federal Way Hearing Examiner No. 94-10 Use Process Review 92-0011 Building Permit No. 92-0652 Dear Mr. Rand: I am in receipt of your appeal to the Federal Way City Council of the Decision of the Hearing Examiner relating to the above - referenced application. Please be advised that the City will not be accepting, processing or considering this appeal based upon the following reasons: I. King county Superior Court orders. On August 31, 1994, Judge Steven Scott of the King County Superior Court issued an order under Cause No. 92-2-09851-2 ("Order") holding that any City administrative hearings, including appeals brought by "litigant Rand," shall not consider any issue which: a). Was previously submitted to or considered by any Ring County Superior Court judges regarding this above - entitled action; or b). Could and should have been presented to, or considered by, any Ring County Superior Court judges in this above - entitled action. (Emphasis Added). The Order further provided that the term "administrative hearings" includes appeals to be heard by the Federal Way City Council. The Order concluded that it was the intention of the Court that the, City of Federal Way complete its process of administrative review respecting the issuance of Federal Way Building Permit No. 92-0652 to Thorstad "as soon as may be reasonably practical." Mr. Jonathan D. Rand September 2, 1994 Page 2 On September 28, 1992, King County Superior Court Judge Schapira granted a Motion for Summary Judgment in favor of the City pursuant to Cause No. 92-2-09851-2 ("Summary Judgment Order") and found there was no genuine issue as to any material facts, that the application of the Federal Way Building Code may allow construction of one single-family residence on Mr. Thorstad's property, and that the City may properly issue the permit. The King County Superior Court action was extensively briefed, involved numerous parties including yourself and other individual members of the Homeowners Association, and all parties were represented by legal counsel. The Summary Judgment Order was not appealed by any party. You have been a party to the lawsuit in both King County Superior Court and in the Court of Appeals, and are currently the appellant in this action. The Order specifically precludes the City Council from considering any issues which were either previously submitted to the Superior Court or which could and should have been presented to the Superior Court. You filed your letter of appeal on October 20, 1992, stating that the issuance of the building permit is being appealed based on three grounds: A. The Community Development Department failed to follow the requirements of Paragraph II, Section 115.80 of the Federal Way Zoning Code. B. The approved plans exceed the required 50% limitation for impervious surface coverage required by the code and stated on the issuance of the building permit itself. C. The City Public Works Director recanted his earlier written requirement that the radius of the inside north corner of the cul-de-sac would have to be widened to improve safety and circulation. You subsequently withdrew that portion of the appeal having to do with the approved plans exceeding 50% limitation from impervious surfaces coverage, as well as that portion relating to the lot not being a buildable lot. You then amended your issues on appeal during the hearing and stated that the issues involved the following: A. The Public Works Director's waiver of the requirement to widen the roadway was not proper; _ B. The determination by the Public Works Director not to require a sidewalk was not proper; Mr. Jonathan D. Rand September 2, 1994 Page 3 C. The determination not to require additional off street parking was not proper; D. The determination not to require pavement of the widened curve was not proper. All of the foregoing issues you have raised were either previously submitted to the Superior Court or could and should have been presented to the Superior Court. Accordingly, the Order and the Summary Judgment Order precludes the City Council from further considering your administrative appeal. II. Decision of Federal way Hearing Examiner. The Federal Way Hearing Examiner issued its decision on July 12, 1994, under FWHE No. 94-10, that your appeal should be dismissed based upon the principles of collateral estoppel and res judicata and avoidance of multiplicity of lawsuits and appeals. The Hearing Examiner had an opportunity to review the transcript of the Superior Court action and a video tape of such action, and made the following findings: The Appellant is contending that the correctness of the waivers granted by the Director of Public Works was not squarely presented to the Superior Court. A review of the Superior Court transcript indicates the Appellant and other homeowners very clearly argued that the City of Federal Way could not issue waivers since this is a minimum lot size meeting minimum standards. Appellant and other homeowners did not submit the issues before the Hearing Examiner to the court in the form of an improper exercise of the Public Works Director's authority. Thus, they argue that Mr. Rand is entitled to present this appeal since it is a different attack on the issues of waivers than the attack which was presented in Superior Court. The Appellant now argues that each of the waivers granted by the Public Works Director was improper. The Appellant argues that his argument before the Examiner presents a different version of the issues resolved by the Superior Court. The Appellant'•:s position ignores the fact that all shadings arid all issues between these parties concerning this lot could have and should have been raised in Superior Court. Civil Rule 13 of the Superior Court Rules requires that any claims a litigant has at the time the pleadings against an opposing party are filed be adjudicated before the Superior Court if the claims arise Mr. Jonathan D. Rand September 2, 1994 Page 4 out of the same transaction or occurrence that is the subject matter of the opposing party's claim. The underlying thesis of this rule is that all claims between individuals arising out of the same transaction dealing with the same particular matter, be adjudicated at one time.... The rule... is designed to prevent a multiplicity of actions and to achieve resolution of all issues in a single lawsuit. This civil rule acts as a bar to disputes arising out of common matters and prevents one who seeks or fails to seek a counterclaim in one action from instituting a second action such as in the instant case in which the Appellant's counterclaim becomes a form of this appeal. (Emphasis Added) In the instant appeal, it is very clear that the issues presented to the Examiner are but a variation of the same issues which were presented to the Superior Court. Appellants are asking for a second "bite out of the same apple," and the Examiner grants the City's motion to dismiss this appeal. Mr. Rand's appeal is barred by the doctrines of res judicata and collateral estoppel. III. Res judicata/Collateral Estoppel. The subject matter of this appeal has been determined in previous actions in Superior Court and in the Court of Appeals. You are not entitled to litigate these issues again in this administrative forum. The doctrine of res judicata applies where there is identity of subject matter, cause of action, parties and quality of parties for or against whom claim is made and bars re -litigation of issues which could have and should have been litigated in the action. HilltoR Terrace Homeowner's Assoc. v. Island County, 72 Wn. App. 91, 863 P.2 604 (1993); Rains v. State, 100 Wn.2d 660, 674 P.2d 165 (1983). Doctrines of preclusion, such as the doctrine of res judicata, apply to quasi-judicial proceedings. See, Hilltop Terrace Homeowner's Association v. Island County, supra, at page 95. See, Leieune v. Clallam county, 64 Wn. App. 257, 823 P.2d 1144 (1992) . The doctrine, of collateral estoppel is applied to bar re - litigation of an issue if the issue presented is identical to an issue previously litigated; there was a final judgment on the merits in the previous litigation; the party against whom the doctrine is asserted was a party, or was in privity with a party, to the previous litigation; and application of the doctrine will not result in an injustice. Garcia v. Wilson, 63 Wn. App. 516, 820 Mr. Jonathan D. Rand September 2, 1994 Page 5 P.2d 946 (1991). See also, Bar_y_._ Day, 69 Wn. App. 833, 854 P.2d 642 (1993). At the time you challenged the City's action in granting a building permit, and since that date, the facts, issues and interests of parties have remained unchanged. The basis of your appeal is that the City should not issue a building permit to Mr. Thorstad. It is clear from the Summary Judgment Order that the City is free to issue the permit requested by Mr. Thorstad. It is clear from the decision of the Court of Appeals that Mr. Thorstad is free to use two-thirds of the building site to locate the building, which he has done. From these facts, it is clear that the City has properly issued the permit requested by Mr. Thorstad and that the issues attendant thereto have been fully heard and adjudicated. Alternatively, if it is asserted that new issues exist, the Order and the doctrine of res judicata definitively prevent re - litigation of issues that could have and should have been raised as part of the subject matter in the Superior Court lawsuit. IV. Conclusion. Pursuant to the express terms of the Order, the Decision of the Federal Way Hearing Examiner dismissing your appeal, the legal doctrines of res judicata and collateral estoppel, and due to the fact that this administrative appeal was filed after finalization of Superior Court litigation on the same and collateral issues, your appeal will not be accepted, processed or considered further by the City. Sincer y, londi indell City Attorney cc: Federal Way City Council Kenneth E. Nyberg, City Manager Greg Moore, Director of Community Development Services Kathy McClung; LAnd Use Administrator Dick Mumma, Building Official Greg Fewins;•Senior Planner Maureen Swaney, City Clerk LL\LET\RAND.APP JCIT�YOF33530 1ST WAY SOUTH September 6, 1994 Mr. David L. Thorstad 29505 - 7th Avenue SW Federal Way, WA 98023 SUBJECT Reactivation of Suspended Permit #92-652NR Dear Mr. Thorstad: (206) 661-4000 FEDERAL WAY, WA 98003-6210 On October 20, 1992, your permit #92-652NR was tolled, due to appeals that were filed regarding the issuance of the permit. The City Attorney advises that the toll may be lifted as of September 6, 1994. Your original expiration date of September 18, 1993, has been adjusted to August 5, 1995. If you have any questions regarding this action, please call me at 661-4112. R�tf�l r L Richard R. Mumma, CBO , Building Official c: Greg Moore, ATCP, Director of Community Development Services Londi Lindell, City Attorney Greg Fewins, Senior Planner file THORSCADARM CITY OF 33530 1ST WAY SOUTH September 22, 1994 Mr. Jonathan D. Rand 424 South 289th Street Federal Way, WA 98003 RECEIVED'GY COMMUNITY 0FVFL0PMF V DEPARTMENT S EP 2 3 19% (206) 661-4000 FEDERAL WAY, WA 98003-6210 (206) 661-4031 Re: Appeal of Administrative Interpretation Relative to Issuance of Single -Family Building Permit for David Thorstad Federal Way Hearing Examiner No. 94-10 use Process Review 92-0011 Buildings Permit No. 92-0652 Dear Mr. Rand: Thank you for your correspondence dated September 8, 1994, and September 11, 1994, regarding the above -referenced matter. You are requesting that I reconsider my decision set forth in my letter to you dated September 2, 1994. My decision was that pursuant to a King°County Superior Court Order dated August 31, 1994 made by Judge Steven Scott ("Order"), the City could not accept, process or consider your administrative appeal of Mr. Thorstad's building permit. The Order provided in pertinent part that the City may not consider any issue which was previously submitted to or considered by any King County Superior Court or which could or should have been presented to or considered by any King County Superior Court. You provided public comment at the regular City Council meeting on September 6, 1994, at which time you presented a Statutory Warranty Deed ("Deed"). You testified that the Deed provided that property was conveyed to the City of Federal Way in exchange for the issuance of a building permit to Mr. Thorstad. I have had the opportunity to again review the entire record of the Superior Court actions and the administrative actions which occurred in this matter. In addition, I reviewed the Deed. Based upon the record, the Deed, and your testimony, I must still conclude that the Order and the record preclude the City from further administrative hearings because the issues set forth in your Appeal and in your subsequent letters requesting my reconsideration are precluded from review under the doctrines of res judicata and collateral estoppel. Mr. Jonathan D. Rand September 22, 1994 Page 2 You have stated that I relied on incorrect statements of fact made by Laird Pisto and former City Attorney, Carolyn Lake. As I indicated above, my conclusions and analysis have been based upon the entire record, including without limitation, pleadings submitted by both Mr. Pisto and Ms. Lake. A. Issuance of Building Permit. You have stated that you did not have the opportunity to properly present your claims regarding the City's authority to issue a building permit. Your inability to raise issues regarding the building permit is apparently based upon the fact that the building permit was issued on September 9, 1992, and the summary judgment hearing occurred on September 11, 1992. In your Memorandum in Support of the Motion for Summary Judgment, you state that the City is "expected to grant the permit." In addition, your Memorandum discusses the appropriateness of the City granting the permit pursuant to two sections of the Federal Way City Code ("FWCC"). Clearly, your Memorandum anticipates the City's issuance of the building permit and provides arguments against the issuance of such permit. Therefore, you had the opportunity to include all arguments opposing such issuance in your pleading documents because you anticipated the City's issuance of the permit. Alternatively, you could have requested a continuance at the September 11, 1994 hearing if the issuance of the permit raised any new issues. B. Issuance of Right -of -Way Waivers. You have also stated that you did not have the opportunity to object to the Public Works Director's issuance of a waiver of certain right-of-way improvements in connection with the permit. Mr. Philip Keightley's letter dated March 12, 1992, contained the waivers in question. Your administrative appeal was filed October 20, 1992. The FWCC requires that such administrative appeals be made within fourteen (14) days of such official's decision. You did not file your appeal within the requisite time period. However, notwithstanding the expiration of the appeal period, I further find that you had an opportunity to fully present this issue at the Superior Court level. In your cross -claim against the City, you state that the Public Works Director should not have issued waivers because the request was not in writing and the subject property was not a cul-de-sac. John R. Swenson's Affidavit states that the Public Works Director's waivers (i.e., elimination of an island in the cul-de-sac) will Mr. Jonathan D. Rand September 22, 1994 Page 3 cause irreparable harm and references Mr. Keightley's letter dated March 12, 1992. In your Motion in Support of Summary Judgment, you cite the FWCC exception to the minimum square footage requirement for pre-existing lots. You state that notwithstanding this exception, the right-of-way development standards precluded the use of the property because the cul-de-sac requires a minimum pavement of 28 feet and a minimum turnaround of 45 feet. These are the conditions that Mr. Keightley waived. Pages 19 and 20 of your Memorandum in Support of the Motion for Summary Judgment discuss in detail the sections of the FWCC which allow the Public Works Director to issue waivers of right-of-way improvements. The City of Federal Way's Memorandum in Support of its Summary Judgment on pages 10-15 discusses the appropriateness of the Director's issuance of the waiver and applicability of the waiver section and concludes that "defendant homeowners have presented no evidence that the determination of the Public Works Director fails to comply with the criteria of Federal Way Zoning Code 110.60." Accordingly, you had the opportunity to respond to the City's Motion by supplemental brief or during argument in the event your arguments were not adequately contained in your pleadings. In Mr. Thorstad's Motion against the Summary Judgment, he discusses the history of the action and states in pertinent part as follows: Knowing the neighborhood opposition to their plans, plaintiffs instituted this action for declaratory judgment in order to have their rights declared and the principles of res judicata attached in order to prevent future disruption. Pages 8 and 9 of Thorstad's Motion discuss the Public Works Director's authority to modify, defer or waive right-of-way improvement conditions and state that the homeowners are foreclosed from raising this issue because they failed to appeal Mr. Keightley's letter dated March 12, 1992. Therefore, this issue was expansively briefed and argued by all parties of record during the Superior Court action. C. Statutory Warranty Deed. Finally, I have had an opportunity to review the Deed. This small crescent strip of property is located on the boundary of Mr. Thorstad's property adjacent to the right-of-way. This property was conveyed to the City as a condition of its issuance of the building permit pursuant to the requirements of the FWCC, to provide additional right-of-way in order to accommodate the turning movements of oversized vehicles, such as fire department trucks, moving vans, and delivery trucks. Mr. Jonathan D. Rand September 22, 1994 Page 4 I have determined that there was no fraud or other wrongdoing in connection with this conveyance to the City. In fact, FWCC Section 22-1474(c) makes this a requirement in connection with any issuance of a building permit. D. A eals. FWCC Section 2-182 provides for general appeals of decisions of an administrative official for which there is no further right of appeal. In the event you disagree with the conclusions contained in this letter or my prior letter dated September 2, 1994, an appeal action must be filed with the King County Superior Court within fourteen (14) days of the date of this letter. Should you have any additional questions, please do not hesitate to contact me. Very truly yours, di 1ndell City Attorney cc: Federal Way City Council Kenneth E. Nyberg, City Manager Greg Moore, Director of Community Development Services Kathy McClung, Land Use Administrator Dick Mumma, Building ❑fficial Greg Fewins, Senior Planner Maureen Swaney, City Clerk LL\LET\RAND.2 CITYJFg,•F■ V33530 1 ST WAY SOUTH • FEDERAL WAY, WASHINGTON 98003 Mr. Bertram L. Ross, P.E. April 24, 1991 Engineer III Federal Way Water & Sewer P.O. Box 4249 Federal Way, WA 98063 RE: Determination of Buildable Qualification of Property Tract A, Marine Hills West Dear Mr. Ross: This letter is in response to your inquiry, requesting whether or not Tract A, Marine Hills West, is a buildable lot under the existing City of Federal Way standards and evaluation procedures. The criteria for determining whether a parcel or lot is a legal building site is established in Chapter 115.80 of the Federal Way Zoning Code. Tract A, Marine Hills West, meets the criteria, based on the following findings: CRITERIA #1: It was created or segregated pursuant to all applicable laws, ordinances, and regulations then in effect. * Federal Way Water & Sewer District are successor by merger to King County Water District No. 56. * In 1940, King County Water District No. 56 obtained property (for this correspondence to be called Parcel 1) by condemnation from William S. Horning and Pearl B. Horning. On February 19, 1940, the "Adjudication of Public Use" was issued. On March 8, 1940, an order was issued correcting the legal description and easement to be taken from the Hornings. * On July 11, 1968, Water District No. 56 purchased an additional parcel (Parcel 2) of property by Statutory Warranty Deed from Lloyd Foster and Alice H. Foster. * Both Parcel 1 and 2 were included in properties that were platted as MARINE HILLS WEST on November 1974, and designated Tract A. * In 1976 it was discovered that the legal description of TRACT A was incorrect. In order to correct the legal description of the property, Herbert E. Mull, conveyed a parcel of property (parcel 3) by "quit Claim Deed" to County Water District No. 56 for and in consideration of correction of the legal description. DESCRIPTION: Tract A, Marine Hills West Addition, according to the plat recorded in Volume 98 of Plats, pages 56-55 inclusive, in King County Washington. Mr. Bertram L. Ross, P.E. April 24, 1991 Page 2 Tract A meets criteria #1. CRITERIA #2: A single-family dwelling unit may be constructed on a lot or parcel regardless of the size of the lot or parcel, if. a. There is or has ever been a residence on the subject property; or b. The lot lines defining the lot or parcel were recorded in the King County Assessors 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. Tract A meets criteria #2. CRITERIA #3: The property is adjacent to a street, providing access to that lot or parcel, that meets the minimum requirements established by or under the zoning code. The parcel is adjacent to the circular connection of South 289th Street on three sides. Criteria #3 can be met. From the evidence presented to the city, (i.e., the instruments which conveyed title to King County Water District No 56, the plat of Marine Hills West, and covenants) it appears that no restriction or limitations were placed on the use o f the property. Therefore, unless evidence is presented that a document has been duly executed which would restrict construction, Tract A, Marine Hills West, meets the criteria set forth in Chapter 115.80, FWZC, the city will consider it a legal building site. Be advised that structures can not be built over water easements. A 12, Water Easement, recorded under Auditor File #6388556, crosses through the middle of the property, therefore, before a single-family dwelling unit can be constructed on the property, this easement must be legally removed. The adjacent street may not meet minimum requirements and would have to be improved in conjunction with a building permit. If you have any questions, or need further information, please call me at 661-4104. Respectfully, Cory �§rn ith Associate Planner c; Carolyn Lake, Assistant City Attorney Kenneth E. Nyberg, Director of Community Development Greg Moore, Land Use Manager Kathy McClung, Permit Manager Tmcaw.f rn CITY OF G ■ ■ r 33530 1 ST WAY SOUTH • FEDERAL WAY, WASHINGTON 98003 March 26, 1991 Bertram L. Ross, P. E. Engineer III Federal Way Water & Sewer P. O. Box 4249 Federal Way, Washington 98063 Re: Determination of Buildable Qualification of Property Lot 13, Redondo Hills (Parcel A) Tract A, Marine Hills West (Parcel F) Dear Bertram: This letter is in response to your inquiry of March 8, 1991, requesting verification of whether either Parcel A or Parcel F, referenced above, constitutes a building lot by existing City standards and evaluation procedures. The criteria for determining whether a parcel or lot is a legal building site is established in Chapter 115 of the Federal Way Zoning Code. Lot 13, Redondo Hills/Parcel "A", appears to have met the criteria. Therefore, a single family dwelling unit could be constructed on the property. Be advised that due to the close proximity of the subject property to a designated sensitive area, a soils report may be required before development to ensure that no adverse environmental impact exists. In order to determine if Tract A, Marine Hills West (Parcel F) is a buildable site, you need to check with your title company for the instrument which conveyed title to King County Water District No. 56, to see if there where any restrictions on use of the property. If the title was conveyed by dedication at the filing of the plat, you will need to check for restrictions or limitations placed on the purpose of the dedication. If no limitations have been placed on Tract A, and it meets the criteria set forth in Chapter 115.80, FWZC, the City would consider it a legal building site. For your information I have listed the criteria used to determine whether a lot or parcel is a legal building site. Bertram L. Ross March 26, 1991 Page 2 According to Chapter 115.80, Federal Way Zoning Code, a lot or parcel is a legal building site if it meets all of the following criteria: It was created or segregated pursuant to all applicable laws, ordinances and regulations then in effect. 2. A single-family dwelling unit may be constructed on a lot or parcel regardless of the size of the lot or parcel, if a. There is or has ever been a residence on the subject property; or b. The lot lines defining the lot or parcel were recorded in the King County Assessors 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. 3. It is adjacent to a street, providing access to that lot or parcel, that meets the minimum requirements established by or under the Zoning Code. If you have any questions or need further information, please contact my office at 661-4104. Respectfully, Cory Smith Associate Planner _ TEL No. 206 441 1116 Apr 2.1,94 7:03 F.01 � r um(*Tv FAX COVER SHEET ��f��r��►�e�a��*�*�e�r►� �*�*��r� TELEVISION T�L�� * KSTW 2033 SIXTH AVENUE FAX #: (206) 441-1116* SEATTLE, WA 98121 � (206) 441-1111 r BEING SENT BY: FROM.,OF PAGES, INCLUDING THIS: * E : �1 SPECIAL INSTRUCTIONS:—_— - * At * CALL TO ACXNOWLEDGE RECEIPT OF FAX: YES gyro TEL No. 206 441 1116 Apr 21,94 7:03 P.02 ' 2535, MEDINACIRCLE 8.. SLOWER 1T. RELLEVUE CIA 98004 ; P a jox" 4949 � FEDERALiWAY-WA 98063 052104f 91 A8- 05 Y � . .• :-.. _. _ _ _.� .... ... � _ ..052104+918A-+03 � , ..-- - -- 9N9999 ` SCHUELKE CAROLYN E 9a799'99 � LYON' PAULL E' PO: 8DK 489A . 26807 r►TH . PL S, ; FEDERAL WAY'WA 98063 FEDERAL kXY;kA• 98003 052104-9188-01 - - 052104�9199+D8 BERG M I CK AEL ' J+X AREN ` L+XGLL2S9999 HUTH ALBERT F+I DY ' I : 961810, I DUANE lF+JQYtE : F 212 50,.37TH 28815 �4TH PbL' S TACOMA WA 98408 ' REDONM AAA f' 98003 052104-9200+05 052104-9201-04 OOXQN MARK . 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M 909999 " 98003 049°999 90003 720545-0110�02 149999 k RICHARD, 8 DARLENE 079999 " 28701 6TH - PL, 5.r - 4201; 98003 _ REDONDO, WA, 98003 < 999999 GONIALEZ•DIANNE L� •099999 TEL No . 206 441 1116 Apr 21 ,194 r 06 P . 06 MOiING Z DAY E DtK w % �� 7 99 . _ _...,.. _ ,.a 1 MALE '` T ' HATER "" f397T77 . 2g35 . meolmA CIRCLE . "$. teifER 'ST SELLEVUE WA 96004 R O' BOX 4249 �- FEDERAL:i WAY ,. MIA • 96063 054104-9168-05 032100-9186°-03 SCHUELKE CAROLYN E 979999 LYW PAUL§ E ' 9N9999 PO : Box 4896 . 28807 ..4TiI . PL FEDERAL MAY WA io 98063 FEDERAL, WAY WA i 98003 052104-9188-01; 052LO4-9199-08 _ �I BERG MICKAEL. ' J+XAREN ° L+KOLL259999 HUTH ALBERT F+IDY 1 961810 DUANE F+JOYCE , F - 212 SO - 37TH 28815 4TH PL d S TACOMA WA 98408 ` REDON00:WA 9800$ 052LO41'92001605 ` DOXON M4ARK.T+ISABELLA K 949999 s NETLSON MARTIN E*JDY D 989999 28814. SOUNFD VIEW ORIVE 28824 - SOUND VIEN OR FEDEERAL ` WAY ' WA 98003 � FEDERAL" WAX WA 90003 052104-9210703` - 515293.0240+03 FOSTER LLOYQ A 93QIBS GRAVES' WtLLIAD1. L 0 219991 28920 4TH-PL, S 504,5 MARINE HILLS, WAY. FEDERAL MAY WA 98003 FEDERAL.'i WAY'.WA 98003 515298-0040-00: 515298�ao*a MELOOTTU PRAKASH 929999 HALCROW D PETER+l MDL � A 019991 28818 5THt AV1Ei S 1321 . S0, PU6ET : 0RlVE DE31 PEDERAL� MAX' WA 98003 RENTON KA 9805! 515298.0060-P05 _�_ 515298�a480-off, CAMPBEL€': TERRY N+FLLEN L3 .229999 � RANO' JONATHAN D+MELVA' L 92999� 505 S MARINE : HILLS , WY : � 424,5 289TN • ST - FEDERAL WAY.WA 4 98003 :� FEDERAL WAY WA 9806.- 515298+ED090-09 - - 515298.0I00�07 ROSERTON DAMES W+WAINDA' L.: 569999 MCDONNELL:. JUSEPH - A JR 6NO36i 28805 STH-AVE S i 412iS 289TI ST. FEDERAL . WA`I -- WA 98003 , ; FEDERAL WAY . MIA 9000., 315298-0110-OS 4 51329a-i-0120-03 ANDERSON JAMES E - 1I1 7N9999 RUSSELL `KENNETW W - $73314 408 S 289TH ST- i 404 5 289TH ST- FEDERAL WAY : WA - 98001 FEDERAL -WAY -WA. 9E800' 519298-0130-W } 51S298-0140�-09 ' '' SKOVA DONAL[D W R0479 SWENSON JON R+SIUSAN 47999' 40015 289TO • � 2319 SW - 320TH , E FEDERAL' MAY WA 96003 � FEDERAL, WAY: WA 9800: 515298-015OT06- 515298-0160-�-04 KENT THOMAS HfMAIIY E 749999 WETS . NCURT ' R COM 407.S0,289TH ST: 413 S'289TH CITY OF 33530 1ST WAY SOUTH April 20, 1994 David L. Thorstad Terel Ann Keifer 29505 7th Avenue S.W. Federal Way, WA 98023 (206) 661-4000 FEDERAL WAY, WA 98003-6210 RE: Appeal Application Number UPR92-0011; 406 South 289th Street Dear Mr. Thorstad and Ms. Keifer: This letter is provided in response to your letter dated April 14, 1994. The City is in receipt of the Court of Appeals decision dated April 11, 1994, related to the above -referenced property. The Court of Appeals has concluded that two-thirds of tract A which had been previously owned by the Federal Way Water and Sewer District is not subject to recorded covenants that were alleged to restrict home construction. However, the Court of Appeals did conclude that one-third of tract A is subject to the recorded covenants that restrict home construction. Although the City is not responsible for compliance or implementation of recorded covenants, we would like you to indicate in writing if the site plan will be revised to comply with terms of the recorded covenants. If the site plan or building plans are revised, the City will be required to issue a revised building permit for the proposed residence. If the site plan or building plans are not revised, the City will proceed with plans approved under building permit number 92-0652. Once all issues regarding modifications to the site and/or building plans have been clarified and resolved, the City will proceed with the appeal filed on October 20, 1994, by Jon Rand. The appeal will be scheduled for a public hearing before the city's hearing examiner. Section 22-5 of the Federal Way City Code ("FWCC") governs the process for this type of appeal. In response to your question regarding the date the appeal application was received, section 22-5(a) FWCC specifies that: "Any person who is aggrieved by an interpretation issued by the Director of Community Development may appeal that interpretation at any time." Based on this section, there is no deadline for filing this type of appeal. Therefore, the fact that the appeal was filed 40 days following issuance of the building permit has no bearing on the validity of the appeal. I am available to discuss the status of the project at your convenience. If you have further questions regarding this matter, please give me a call at 661-4108. Sincerely, 144,41 �� Greg Fewins Senior Environmental Planner c: Gregory D. Moore, AICP, Director of Community Development Services Carolyn Lake, City Attorney Dick Mumma, Building Official d8:thorstad.wp Ms. Carolyn Lake City Attorney City of Federal Way Ms. Lake: DAVID L v 'VOPSiAD Architect April 14, 1994 As you may know, a recent Court of Appeals decision has overturned the decision made by Judge Steven Scott, regarding the buildability of Tract A in Marine Hills West. As we have understood from the beginning,yyou don't write covenants on properly you don't own. We intend to move ahead with the development of the property as proposed by permit number 92-0652, issued on September 10, 1992.This permit has been tolled as of October 20, 1992, due to an appeal filed by Jon Rand on that date. Mr. Rand's appeal is frivolous and without merit,and was filed some 26 days after the deadline stated in Sec. 22-446 B. of the code. The appeal is fraught with inaccuracies, and is clearly an attempt at further delaying this project by a disgruntled neighbor who has a very limited understanding of the code. Your depiction of these neighbors as "nimbys" in Judge Shapira's court was quite accurate, and your much deserved victory in that court, regarding the building permit issue, was never appealed by the defendant homeowners. We respectfully request that the appeal be disallowed due to it's untimely application and Summary Judgment against it in King County Superior Court. Sincerely: D�avi r �ofst d f erei Aa�n ei er cc: Mr. Greg Moore C:Mr. Mr. Di c umma 29505 7th Ave. S.W. Federal Way, Wa. 98023 JCITYOFT45001, 33530 1ST WAY SOUTH. . FEDERAL WAY, WASHINGTON 98003 November 2, 1992 Mr. David L. Thorstad Poverty Bay Homes, Inc. 29505 - 7th Avenue S.W. Federal Way, WA 98003 RE: Application No. UPR92-0011 Dear Mr. Thorstad: The City of Federal Way has received an application appealing the issuance of a building permit for your property located at 406 South 289th- Street. I have been assigned to process this application. Enclosed you will find a copy of the appeal application. This request will be scheduled for a public hearing before the City's Hearing Examiner in late November or early December. You will be sent a notice of the date and time of the Hearing Examiner's public hearing, and a copy of the staff report prepared for the appeal. If you have any questions, please give me a call at 661-4108. Sincerely, A�gt--� Greg Fewins Senior Environmental Planner c: Jonathan Rand d3:lhrs1d3.wp CITY OF I_- APPLICATION NO. -Q01/ DEPARTMENT OF COMMUNITY DEVELOPMENT MASTER LAND USE APPLICATION Date % 0 " 19 — R 2- Name of Applicant J ON A M A W D, RAN 1> Agent Owner �L Address *Z $ • :Z8qt"srWAY 41003PhoneIZ001 Vb S6S6 Signature Property Location qo (o S. W",, WA aoo3 Kroll Toff WEST -Zone R • s• 9. G Legal Description M AA I N f— If! ,L L- 5 W 1 $i APP i Tn c"l 7-12A C r A (TRACT N, MAR-/IVF- H I L-LS WE5T ADDi 770nl) Project Description PROCF-5S X A PPO-4 _ 7-0 W IT-f-02A-w AWE 2OEviek'✓ $u t �.O it* P14-M' T- t S,5v£0 M DA v t O T'N-v ,es�-D 7`0 at J I _rXA-cr Parcel Number(s): 'TRACT A ., M A-LrnrE H-t t-LS Wi51 Aoo / nory 515A 7- o ;16a Type of Permit Required: SEPA Notice Sign Checklist Mailed Board Site Plan Review R R Land Surface Modification R R Boundary Line Adjustment Binding Site Plan R R R Short Subdivision Subdivision R R R Shoreline R R Variance R R R Conditional Use R R R Use - Process I R R Use - Process II R R R Use - Process III R R R Quasi-judicial Rezone R R R Variance R* R R Comp. Plan/Rezone R R Annexation R R Lot Line Elimination R = Required * = Optional by City MASI ��KLA.FRM 33530 1ST WAY SOUTH . FEDERAL WAY, WASHINGTON 56003 . (206) 661-4000 Recycled Paper RECEIVED BY COMMUNITY DEVELOPMENT DEPARTMENT OcT -10 in October 19, 1992 Jonathan D. Rand 424 S. 289th St. Federal Way, WA 98003 City Planning Department City Of Federal Way 33530 First Way South Federal Way, WA 98003 Dear Members of the Planning Department: This letter represents an explanation of a Process II appeal to the building permit issued to David Thorstad for the property that he owns at 406 South 289th Street in Federal Way, described as Tract A, Marine Hills West Addition. This 1b'ttdr aewmpanies the form fir filing a Process If Appeal, presented to me by Deb Barker, a Federal Way City Planning Department employee. The form itself does not seem to lend itself to this type of appeal, but I have been told that a letter of explanation would be proper in filing this appeal. This building permit is being appealed based on three issues: A) The Planning Department seems to have failed to follow the requirements of Paragraph 2 of Section 115.80 of the Federal Way Zoning Code. B) The approved plans exceed the required 50% limitation for "im- pervious surfaces coverage" dictated by the code and stated on the issuance of the building permit itself. C) The City Public Works Director recanted on his earlier written requirement that the radius of the inside north corner of the cul- de-sac roadway would have to be widened to improve traffic safe- ty and circulation. These issues are addressed individually on the pages to follow. Copies of correspondence from City of Federal Way Planning Department officials concerning this matter are included with the filing of this appeal. p. 2 ISSUE "A" - Examining the issues further, you'll find the following wording in the code in which it appears the Planning Department has failed to adhere to: Paragraph 2 of Section 115.80 of the Federal Way Zoning code states: 'Subject to all other requirements of the code, an applicant may build one detached dwelling unit on a lot or parcel regardless of the size of a lot or parcel if the lot lines defining the lot or parcel were recorded in the King County Assessor's Office prior to February 28th,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 a letter that (then) City Associate Planner Cory Smith wrote to Bertram Ross of the Federal Way Water & Sewer District dated April 24, 1991, Ms. Smith writes: 'The adjacent street may not meet minimum requirements and would have to be improved in conjunction with a building permit." The adjacent street clearly does not meet minimum requirements. It is 22' wide. Minimum requirements are that this street be 30 feet wide, which is called for on the plat map of Marine Hills West Addition. This letter from Cory Smith has been continually cited by the city in making it's case that this issue has been properly addressed. The letter does not state that the street MAY have to be improved. The let- ter says that the street "wood have to he improved " Employees in the City Planning Department have made the comment that "they didn't feel it would be fair to ask Mr. Thorstad to bear the cost of im- proving the street", so they overlooked this. The Code clearly says "Subject to all other requirements of the code...". Based on this fact alone, the building permit issued to David Thorstad should be withdrawn and reviewed. P. 3 In section 20.10 of the Federal Way Zoning Code, impervious surface on a residential parcel is limited to no more than 50% of the square footage of the parcel. City right-of-way must be subtracted from the parcel's square foot- age. The size of Tract A is, at best, 8004 square feet. 4n the face of the plans submitted to the City Planning Department, the architect has indicated that the lot is under 7600 square feet The street surrounding three sides of this property is only 22 feet wide. Because the plat plan for Marine Hills West Addition calls for this street to be 30 feet wide, additional "right of way" for this disparity from the current street width must be subtracted from the perimeter of Tract A on the sides immediately adjacent to the street. This subtracts 816 feet from the Tract's square footage, bringing its total size down to 7188 square feet DR LESS. Therefore, the total amount of impervi- ous surface would be limited to 3594 square feet 4R LESS. Mr. Thorstad's plans provide for 3775 square feet of impervious surface. Subject to the satisfaction of other shortcomings of issues relating to the approval of this building permit, Mr. Thorstad's plans need to be revised to reduce the amount of impervious surfaces by a very minimum of 179 square feet. It may be need to be reduced substantially more, depending on which square footage is to be referenced. There are already severe hillside instability conditions less than 100 feet from the subject property. This issue is of grave concern to the homeowners of those properties. This building permit should be withdrawn and reviewed on this issue, as well as the issue described earlier. ISSUE C. On March 12, 1992, Federal Way Director of Public Works, Philip Keightly p• 4 wrote a letter to Bert Ross, of the Federal Way Water & Sewer District, in which he states: "The inside north corner of the cul-de-sac roadway has an inside face radium of only 10 feet. To improve traffic safety and circulation, especially for trucks, this radius needs to be widened to 30 feet." The building permit for Tract A was issued, and this requirement was not satisfied. This corner is extremely treacherous to negotiate in any kind of weather -- even in a passenger size car or light truck. In fact, a Fire Department vehicle can probably not negotiate this corner at all. What's more, that very corner is already fed by the driveways of four resi- dences, making it an even more unsafe. And, the driveway of the residence that would be built if the owner of Tract A is permitted to build would add a fifth driveway to the already hazardous condition. Based on the fact that the City Public Works Director, for some unknown reason, approved his portion of the building permit requirements, this, too, is cause for the permit to be withdrawn from the owner of Tract A until this requirement is met. The City should also be advised that some erroneous elevation figures may have been used on the building plans submitted to the Planning Department. The elevation figures used on the building plans seem to indicate that the "lowest point" reference on the plans may be in error by between two and seven feet. Apparently, the city does nothing to verify the elevation figures stated on the plans. This should be reviewed and verified by the City Planning Department. P. 5 As there were no variances, waivers or public hearings on the issuance of this building permit, there seems to have been some very important issues that have not been satisfied leading to the permission granted to build upon Tract A. This information is submitted to request that the building permit issued to Mr. David Thorstad be withdrawn and reviewed immediately, and that all these facts be provided to a Hearing Examiner, per the Process II Appeal provisions of the Federal Way Zoning Code. p4a D. Rand 424 S. 289th Federal Way, WA 98003 CITY Of4� )33530 1ST WAY SOUTH . FEDERAL WAY, WASHINGTON 98003 Mr. Bertram L. Ross, P.E. R E j� t J F April 24, 1991 Engineer III ■ �1 Federal Way Water & Sewer P.O. Box 4249 A P R 2 4 t0l Federal Way, WA 98063 FEDERAL WAY WATER AND SEWER RE: Determination of Buildable Qualification of Property Tract A, Marine Hills West - Dear Mr. Ross: This letter is in response to your inquiry, requesting whether or not Tract A, Marine Hills West, is a buildable lot under the existing City of Federal Way standards and evaluation procedures. The criteria for determining whether a parcel or lot is a legal building site is established in Chapter 115.80 of the Federal Way Zoning Code. Tract A, Marine Hills West, meets the criteria, based on the following findings: CRITERIA #I: It was created or segregated pursuant to all applicable laws, ordinances, and regulations then in effect. * Federal Way Water & Sewer District are successor by merger to King County Water District No. 56. * In 1940, King County Water District No. 56 obtained property (for this correspondence to be called Parcel 1) by condemnation from William S. Horning and Pearl B. Horning. On February 19, 1940, the "Adjudication of Public Use" was issued. On March 8, 1940, an order was issued correcting the legal description and easement to be taken from the Hornings. * On Pily 11, 1968, Water District No. 56 purchased an additional parcel (Parcel 2) of property by Statutory Warranty Deed from Lloyd Foster and Alice H. Foster. * Both Parcel 1 and 2 were included in properties that were platted as MARINE HILLS WEST on November 1974, and designated Tract A. * In 1976 it was discovered that the legal description of TRACT A was incorrect. In order to correct the legal description of the property, Herbert E. Mull, conveyed a parcel of property (Parcel 3) by "quit Claim Deed" to County Water District No. 56 for and in consideration of correction of the legal description. DESCRIPTION: Tract A, Marine Hills West Addition, according to the plat recorded in Volume 98 of Plats, pages 56-55 inclusive, in King County Washington. Mr. Bertram L. Ross, P.E. April 24, 1991 Page 2 Tract A meets criteria #1. CRITERIA #2: A single-family dwelling unit may be constructed on a lot or parcel regardless of the size of the lot or parcel, if: a. There is or has ever been a residence on the subject property; or b. The lot lines defining the lot or parcel were recorded in the King County Assessors Office prior to February 28, 0090, and the lot' or parcel has not simultaneously been owned by the owner of a contiguous lot or parcel subsequent to that date. Tract A meets criteria #2. CRITERIA #3: The property is adjacent to a street, providing access to that lot or parcel, that meets the minimum requirements established by or under the zoning code. The parcel is adjacent to the circular connection of South 289th Street on three sides. Criteria #3 can be met. From the evidence presented to the city, (i.e., the instruments which conveyed title to King County Water District No 56, the plat of Marine Hills West, and covenants) it appears that no restriction or limitations were placed on the use o f the property. Therefore, unless evidence is presented that a document has been duly executed which would restrict construction, Tract A, Marine Hills West, meets the criteria set forth in Chapter 115.80, FWZC, the city will consider it a legal building site. Be advised that structures can mot be built over water easements. A 12' Water Easement, recorded under Auditor File #6388556, crosses through the middle of the property, therefore, before asingle-family dwelling unit can be constructed on the property, this easement must be legally removed. The adjacent street may not meet minimum requirements and would have to be improved in conjunction with a building permit. If you have any questions, or need further information, please call me at 661-4104. Respectfully, [� F!•11.IS Distribution: CoryvTmith Board of Cor nissioners Associate Planner Ji;n Niller, General Ilaniagef, Steve !4ieneke, Director of c: Carolyn Lake, Assistant City Attorney - Engineering/ Tech. Services Steve.?ritchett, Attorney Kenneth E. Nyberg, Director of Community Development Jon Rand . 424 S 289th St .t Greg Moore, Land Use Manager Jon Swehson 401 S 239th St Kathy McClung, Permit Manager TA^C7",x CITY OF � O=D�33530 1 ST WAY SOUTH . FEDERAL WAY, WASHINGTON 98003 March 12, 1992 Bert Ross Federal Way Water & Sewer 31627 1st Avenue South Federal Way, Washington 98003 Subject: Tract A, Marine Hills West South 289th Street Cul-de-sac Dear Mr. Ross: RECEIVED", MAR 1 ' 1yyZ FEDERAL WAY WATER AND SEWER I understand that the Federal Way Water and Sewer District plans to auction their Tract A of Marine Hills West in the cul-de-sac of South 289th Street, west of 5th Avenue South (see attached map) on March 14, 1992. I also understand You wish to learn what road improvements, to the 22 foot wide road with sidewalk on one side, would be required by the City at this time if Tract A were to be developed. The following outlines my findings and requirements for road improvements under City Code, Section 110.60, Modifications, Deferments, and Waiver, allows the public works director to waive the requirements of the chapter only after consideration of a written request for the following reasons: 1. The improvement as required would not be harmonious with the existing street improvements...." and 2. City Code Chapter 110-2, Local Rights -of --way for Cul-de-sacs requires a 28' minimum road width and allows sidewalks to be optional. I. If Tract A is developed separately from Tract B, the following are the findings and requirements of the City of Federal Way: a. If a written waiver request were submitted, I would determine that widening the existing 22 feet wide road to 28 feet in width around Tract A would not be harmonious with existing improvements as the road would remain 22 feet wide around Tract B. Therefore, the road would not have to be widened. b. A sidewalk would not be required on the Tract A side of the South 289th Street roadway in the cul-de-sac as a sidewalk already exists on the outside of the cul-de-sac roadway. c. The inside north corner of the cul-de-sac roadway has an inside curb face radium of only 10 feet. To improve traffic safety and circulation, especially for trucks, this radius needs to be widened to 30 feet. d. Dedicate right -of --way for the area where the road is widened in c. above such that the new right-of-way is 2 feet behind the face of the new curb. Bert Ross March 12, 1992 Page 2 2. If Tracts A and B are developed as one lot, the following are the findings and requirements of the City of Federal Way. a. None of the four waiver criteria in City Code Section 110.60 are applicable and the inside edge of the cul-de-sac road needs to be widened from 22 to 28 feet. b. Same as Lb. above c. Same as I.c. above d. Dedicate 6 feet of right-of-way around Tracts A and B to accommodate the road widening in 2. a. above. Please call me if you have any questions or need more details. Good luck with the auction. Sincerely, 9 Philip D. Keightley Director of Public Works PDK: meb enc. c: Ken Nyberg, Assistant City Manager Ken Miller, Street Systems Manager David L. Thorstad, A.I.A. JCITYOF 33530 1 ST WAY SOUTH FEDERAL WAY, WASHINGTON 98003 August 26, 1992 David L. Thorstad 29505-7th Avenue SW Federal Way, WA 98003 Re: Right of Way improvements Permit # ROW92-1020 Dear Mr. Thorstad: The Public Works Department staff has determined that the 30 foot radius fillet section at the northeast corner of Tract "A", along S. 289th St. shall be constructed of crushed rock. The crushed rock shall be placed to a 4 inch compacted depth to the grade submitted by you 8/18/92. The existing curb shall be left in place and the top of the crushed rock shall be placed flush with the top of curb. If I can be of further assistance, please contact me at 661-4125. Sincerel , Jeffrey H. Sharp Engineering Plans Reviewer CITY OF FEDERAL WAY Office of the Land Use Hearing Examiner APPLICATION: FILE 30: W E G HEARING DATE: 9 PRESIDING: �+ PLANNING DEPT. SZAFF RESENT: PUBLIC WORKS STAFF PRESENT: 1. 2 ' 3 4 5 6. 7. S. 9. 10. 11. 12'. 13. 14. 15. 16. 17. 18. 19. 20. NAME: ADDRESS: NAME: ADDRESS: NAME: ADDRESS: NAME: ADDRESS: TYPE. TIME : o� EXIMTTS PRESENTTED : PUBLIC 'TESTIMONY PRESENTED BY: r PAGE TWO APPLICATION: FILE # : e- HEARING DATE: NAME: ADDRESS: NAME: ADDRESS: NAME: ADDRESS: NAME: ADDRESS: NAME: ADDRESS: NAME: ADDRESS: NAME: ADDRESS: NAME: ADDRESS: NAME: ADDRESS: PUBLIC TESTIMONY PRESENTED BY: �� L 4 l.�.14 - �,4Z4/'- other Information Requested by Hearing Examiner:. - Time Hearing Closed: Hearing Recessed: Hearing Continued To: Extension Agreement Signed: Tape #(s): OFFICE OF TIC FEDERAL WAY HEARING EXAMINER .Persons Requesting To Give Testimony At This Hearing: (Please Print) NAME: ADDRESS: CA �k. 417 �r ,n �o we f Z n (=W �k S003 S - 01 OFFICE OF THE FEDERAL WAY HEARING EXAMINER Parti:es .Desiring Copy of Hearing Examiner's Decision (Please Print) NAME: -2 �412 4 L ADDRESS: NAME: ADDRESS W� CIO NAME: MZuIke ADDRESS: . NAME: ADDRESS: ADDRESS: t4 a ADDRESS: ^-e NAME:��r�..��5 A-DDRESS: F1 l Ste, NAME: 4z 4'�_ �" ADDRESS: l-f�N�c� NAME: G , A.DDR ESS : E: 2-rfl/ r _ ADDRESS: O wR• a03� W NAME: NAME: ADDRESS: 2�"�oti 5-rY ADDRESS: �L40 7 ti i■ ■■ 6�L 4An-s:�- 1 � NAME: ADDRESS: e9?, -'�� %OA r 3� �. NAVE: STI,I Isa7 )I_, ADDRESS:�1 Sri OFFICE OF THE FEDERAL WAY HEARING EXAMII,TER -Parries Desiring Copy of Hearing Examiner's Decision (Please Print) r NAME: C /� NAME: ADDRESS: ,�?P) /�' ADDRESS : NAME: NAME: ADDRESS: ADDRESS: NA?dE : NAME: ADDRESS: ADDRESS: NP1�E : NA -ME: ADDRESS: ADDRESS:_ NAME ADDRESS: ADDRESS: MYLE : NA.21E ADDRESS: ADDRESS: NMI E NAME: ADDRESS: ADDRESS: ADDRESS: ADDRESS: Eric S. Wagner Casa Bella Design/Construction �838 S. 299th Fedeal Way, WA 98003 Dick & Barbara Lester /29208 7th P1. S. Federal Way, WA 98003 Marcili Waldo ---30442 8th Ave. S. Federal Way, WA 98003 Cheryl Wagner Casa Bella Design/Construction 838 S. 299th Federal Way, WA 98003 Mary Jane & Dennis Stewart 32816 3rd Ave. S. Federal Way, WA 98003 Barbara Soames-Buescher �421 S. 298th St. Federal Way, WA 98003 Elizabeth Astorm --- 1015 SW 349th P1. Federal Way, WA 98023 Cheryl & Doug Peterson --429 S. 289th P1. Federal Way, WA 98003 Jim Handmacher Bonneville, Viert, Morton & McGoldrick 820 "A" St., Suite 600 Tacoma, WA 98401 Deborah Tibbot `--'-433 S. 289th St. Federal Way, WA 98003 Michael Flaherty 400 S. 289th St. Federal Way, WA 98003 Mike Mizumoto 417 S. 289th St. Federal Way, WA 98003 Kathy McClung Land Use Administrator Deb Barker Associate Planner Carolyn Lake City Attorney David Thorstad 29505 7th Ave. SW Federal Way, WA 98023 Jonathan D. Rand 424 S. 289th St. Federal Way, WA 98003 Ron Garrow Public Works Chris Green City Clerk's Office Greg Fewins Senior Planner Mark/Jeanne Brandt J�1013 SW 305th St. Federal Way, WA 98023 William Hicks 29219 7th P1. S. Federal Way, WA 98003 Margaret Mizumoto 417 S. 289th Federal Way, WA 98003 Eric Gardner & Ginger DeAnn Neer _-30043 1st Ave S Federal Way, WA 98003 `Peter & Carol Halcrew 1321 S. Puget Dr., E31 Renton, WA 98055 Michael Wukelic, MD Virginia Mason 33501 1st Way S. Federal Way, WA 98003 William Hicks 29219 7th P1. S. Federal Way, WA 98003 Irene & Richard Cook 28829 6th Ave. S. Federal Way, WA 98003 Robin Wilson — 1111 S. 287th St. Federal Way, WA 98003 Jana Swenson 401 S. 289th Federal Way, WA 98003 Erika Swenson 401 S. 289th St. Federal Way, WA 98003 RECEIVED BY COMMUNITY DEVELOPMENT DEPARTMENT MAY 2 3 1994 Mrs. Cheryl Peterson 429 S. 289t h St. Federal Way, WA 98003 May 23, 1994 Mr. Greg Few i ns, Senior Planner City of Federal Way 33530 First Way South Federal Way, WA 98003 Dear Mr. Few i ns, Enclosed are copies of two letters, one that has been faxed to Mr. Terrence McCarthy and one that has been submitted as a Letter to the Editor to the FW News. I realize that they address an issue that has been thoroughly reviewed and resolved, but I still felt compelled to write them. I am concerned about the level of frustration and distress that has developed. I too feel frustrated. The amount of energy and time, to say nothing of money, that has already gone into this is incredible. I just know, though, like I finish my Letter to the Editor the current homeowners involved sincerely feel they are being treated unfairly. I realize that You inherited this situation when you accepted your position, so I do sympathize as you must be feeling frustration also. But in closing I want to say that I also know that if you or any of your fellow workers at City Hall or member of City Council or any person at the Water District or any County Judge that had to do with our case lived where 11ive then they would feel .just as I feel. To build a house on this lot is ridiculous. Well, I just hope that this can be resolved in a civil manner acceptable by all. Sincerely, YA . � ,�- Cheryl M. Peterson Mrs. Cheryl M. Peterson 429 Sr. 289th St. Federal Way, WA 98003 May 20, 1994 Mr. Terrence F. McCarthy 902 S. 10t h Tacoma, WA 98405 Dear Mr. McCarthy, Rm,F--iVF-D DY COMMUNITY DEVELOPMENT DEPARTMENT MAY 2 3 1994 I live in Marine Hills West and will be impacted by the house that Mr. Thorstad is proposing building. Please excuse my friends. They are feeling extremely frustrated. I hope that it is not too late to go on record as saying "Ditto" to the remarks of Phyllis Danforth. I do understand that the covenants are a dead issue but clearing away all the emotions that have so severely muddied the water the covenants are what it's all about. Every neighbor here bought/built their home in good faith agreement with some plain and simple straightforward mutually agreed upon covenants and now someone is proposing coming smack dab in the middle of them and building a home that totally defies these covenants. And the City is allowing them to do it because they "don't recognize covenants." Well, maybe the City should recognize covenants. Just because the City has decided it doesn't recognize covenants doesn't make it right! Please take time to carefully consider and review this important issue. The rights of hundreds of homeowners should be recognized! Initially it was the City that deemed the lot buildable when the Water District inquired about the possibility of selling it. This is a case where "going by the book" has ignored human faith and reason, common sense and original intent. We are counting on you to stand up for the rights of property owners versus city government. Government may have the power, to initiate and/or change rules but in a case like this individuals do not. The issue has gotten totally out of hand and I am feeling genuine concern for the general well being of all involved. Sincerely yours, Cheryl M. Peterson M,_...jN[ Y aDEVELOPWNT DEPARTMENT MAY 2 3 1994 I live in Marine Hills West and will be impacted by the house that Mr. Thorstad is proposing building. I realize that the covenant issue has been reviewed and ruled upon, but this is a case where going by the back has ignored human faith and reason, common sense and original intent. Every neighbor here has bought/built their horde in good faith agreement with some plain and simple straightforward mutually agreed upon covenants and now someone is proposing coming into the middle of them and building a home that totally defies these common, reasonable and decent understandings. And the City of Federal Way is allowing them to do it because they "don't recognize covenants." Well, maybe the City should recognize covenants. Just because the City is deciding it doesn't recognize covenants doesn't make it right! The rights of hundreds of homeowners should be recognized! Government may have the power to initiate and/or change rules but in a case like this individuals do not. I am extremely disappointed that our newly formed city with a bright fresh outlook of being for the people has gone down the classic road of arrogant bureaucrats impressed with their own power. It is very unfortunate that they are finding it impossible that they may have made an error in .judgment. They are typically quoting legal documents that back up their decision but continue to persist in overlooking the decent human side of the issue. I am asking the powers that be in City Hall to please stop and listen to the majority in this situation that sincerely feel they are being treated unfairly. Cheryl Peterson May 20, 1994 Mr. Greg Fewins, Senior Planner City Of Federal Way 33530 First Way South Federal Way, Wa. 98003 RE: New Residence At 406 s. 289th Street Letter Dated May 05, 1994 Attached Dear Mr. Fewins; 1;i__G1Ei v LD Lb,`/' COMMUNITY DEVEi4PMENT DEPARTMENT MAY 2 0 feel it necessary to clear up a serious misunderstanding with The City Of Federal Way regarding the attached letter dated May 05, 1994. First of all, please understand, I did not author or authorize the letter nor did I sign it. I have never, nor would I ever threaten anyone, this is simply not my style or makeup. Unfortunately, this whole issue has been blown out of porportion. personally am not a part of any group that wishes harm to anyone. Please disregard the letter dated 5/5/94, bearing my name. I wish to emphasize that I had no part in its conception whatsover. Sincerely, Eric Scott Wagner CC: David L . Thorstad King County Police Federal Way Eye and Laser Center RECEIVED BY _OMMUNIrr I)EVELOPMENTID PARWI, 144Y 16 'owl May 13, 1994 City of Federal Way Greg Fewins Senior Planner 33530 First Way South Federal Way, WA 98003 Dear Mr. Fewins: Pediatric Ophthalmology & Strabismus Cataract & Implant Surgery Laser Surgery Peter B. Shelley, M.D. Board Certified I am writing to express my opposition to the issuing of a building permit for 406 South 289th Street in Federal Way. I am troubled that this lot is far smaller than lots were intended to be in the area and that because the Marine Hills Architectural Control Committee has deemed this unbuildable that you would consider allowing a house in this spot. I don't believe that this was ever a buildable lot and believe this should not have been sold in the first place. I would appreciate it if you could take the time to visit the site and evaluate things. I am not certain that the city has all the facts correct. I would appreciate it if you could visit the site and evaluate the facts for yourself and see that this would not be a proper decision if a building permit were issued. Thank you so much. PBS/ti Sincerely yours, Peter B. Shelley, M.D. 32123 First Avenue South ■ Federal Way, WA 98003 (206) 838-6272 ■ (206) 927-7799 9 1-800-426-2922 + FAX (206) 874-2690 - 1 t 3925 SW 317th St Federal Way, Wa 98023 May 13, 1994 Greg Fewins, Senior Planner City of Federal ?,ray 33530 First Way South Federal Way, Wa 98003 RE: Tract A. Marine Hills Serest Addition 406 S 289th Street, Federal Way, 98003 Permit Application #92-652 NA Attn: Mr Greg Fewins, Senior Planner Dear Sir: It has come to may attention that the above property has an application outstanding for a building permit to erect a Single Family Residence. We moved into the Federal Way as our home was being constructed in 1977. During the entire time, I have been associated in the Planning and construction business. Since 1981, I have been active as a Construction Management Consultant working in the multi -family area. Although I do not currently live in Marine Hills, we did build our own residence as well a two "spec" homes in the area between 1977 and 1981. During the thirteen years we lived in Marine Hills, I was happy to do more than one term on the Home Owners Committee for Architectural Review and Control, so feel competent to speak to this issue. When the site served for a water storage tank location, although it was not a beauty prize, it was accepted as "it was there first" and served a purpose in the distribution of utilities. When It came down we assumed it would be planted as are other Islands centered in Cul-de-sacs in many areas of the City. Although a bit larger, this would be my description of the site. There are "physical givens" and constraints when planning any structure. Building a livable residence to the controls of height and setbacks of the Marine Hills Covenants would be a difficult maneuver. Under the Federal Way ordinances should be no different. Some basic considerations for a site surrounded by public streets on all sides. Front, rear and side yard setbacks; fence height and distance from streets; open and safe vision of vehicular traffic; height of the overall structure. As to the moral is -Le there are other consider-cions. In planning development of the area, this site was not considered as having potential for residential use and was "Planned around". The exclusion of home Owners Covenants was an oversight. The original developers nor most of us would/did not perceive a potential land use change during the economic life of the residences. West Seattle has some of these installations that pre -date Marine Hills by MANY years. All the other homes in the area have been required to meet the covenants of the Home Owners Association. A great effort has been exerted to conserve the livability and values of the property for an extended use period. My basic philosophy rests with the right to use property to which we have a GOOD TITLE. I would ask you to consider the rights of all who have purchased properties in this neighborhood. The Covenants have mandated compliance to being GOOD NEIGHBORS. This has helped an area build and maintain good values. Also, provided a comfort level in owners that these conditions will be retained. I would have a difficult time voting to allow development of this property into a single family residence; and I would hope the ordinances of Federal Way would lead you to the same conclusion. Sino rely, I L La Duke CITY pF T 33M 1ST WAY SOUTH Kay 20, 1994 City of Pederal Way Department of Community Development Services Attention; Chris Green, Deputy City Clerk 33530 lot Way South Federal Way, WA 98D03 (200 661-4000 FEDERAL WAY, WA 48003-6210 REs Jonathan stand/File Mumberas UPR92-0011/94-10 Dear Me. Green! I understand there is some aonfasion regarding the deadlines which I set out at the hearing on Tuesday, May 17, 1994, in the above -entitled matter. The deadlinee shall be as foilQws; A. Mr. Sandmaeher has seven working days from tYja date of the hearing to review the fifty-six (56) letters which would give him a deadline of May 26F 1994. • Mr. Handmacher then has two weeks Lo comment which would give him a deadline of June 16F 1994. C. The City would then have seven working days to respond which would give Lhom a deadline of June 27, 1994. Once all commeuLe have been received the Examiner has ten working days to issue a decision whin h would put my deadline on or about July 12, 1994, If you have any questions or comments please do not hesitate to contact sae. TFM/jc ca: Attorneys of Record Very t yours, TEIRRENCE CCARTHY Deputy Ite .ag xaminer d 0 z uV 15 0 c_�' u co��;,.,�nii �•�r ,:_. ��;,, ,.."., L.=rr,i a �.._� �! MAY 5, 1994 MAY 6��t GREG FEWINS, SENIOR PLANNER CITY OF FEDERAL WAY 33530 FIRST WAY SOUTH FEDERAL WAY, WA 98003 RE: TRACT A, MARINE HILLS WEST ADDITION q06 S. 289TH STREET FEDERAL WAY, WA 9B003 OWNER: DAVID THORSTAD AND TEREL KEIFER BUILDING PERMIT APPLICATION #92-652 NR DEAR MR. FEWINS; I AM WRITING THIS LETTER, TO LET YOU KNOW THAT I, AS A BUILDER IN THIS COMMUNITY, STRONGLY APPOSE THE ISSUING OF A BUILDING PERMIT TO DAVID THORSTAD FOR THE PURPOSE OF BUILDING ON A LOT THAT SHOULD NOT BE BUILT ON. IN THE PAST FOUR YEARS, I HAVE BUILT TWO HOMES IN MARINE HILLS AND UNDERSTAND THE BUILDERS PLIGHT. I BELEIVE EACH LOT AND PLAN SHOULD BE JUDGED INDIVIDUALLY, BUT FEEL THAT IT IS COMPLETELY UNFAIR AND UNBELEIVABLE THAT YOU WOULD ALLOW ANY BUILDER THE RIGHT TO BUILD A HOME OF THAT SIZE ON q06 S. 289TH STREET. LEAGALLY IT SHOULD NOT BE GRANTED AND MORALLY IT IS SO WRONG TO SUBJECT THE PEOPLE OF THAT CULDESAC TO ANY MORE STRESS REGARDING THIS UNFORTUNATE BUILDING PROBLEM. BECAUSE OF THE HIGH LEVEL OF EMOTIONS INVOLVED WITH SO MANY PEOPLE, I AM ALSO AFRAID THERE WILL BE PHYSICAL RECOURSE TAKEN IF THIS PERSON IS ALLOWED TO BUILD ON THAT LOT, IT WILL BE ON THE SHOULDERS OF YOU THE DECISION MAKERS IF THIS SHOULD HAPPEN. THERE MUST BE POLITICS INVOLVED, BECAUSE I KNOW THAT I AS A BUILDER, WOULD NEVER HAVE BEEN GRANTED THE RIGHT TO BUILD ON THAT LOT, NO MATTER HOW HARD OR LONG I TRIED. PLEASE BE FAIR TO THE PEOPLE OF MARINE HILLS AND TO ME A BUILDER IN THIS CITY, DO NOT ISSUE A PERMIT FOR THE BUILDING ON THIS LOT AT, 406 S. z89IH STREET. SINCERELY ER I C S. Wi CONTRACTOtc CASA BELLA RNU UWNLX DESIGN AND CONSTRUCTION 5'a 5 'tit 2AoJTt tot." Fmua,Nu oh" � CA w v'x3 DAVID L. 714ORLTAD Architect Mr. Eric Wagner 5/15/94 Casa Bella Design and Construction Mr. Wagner: It is unclear just who you were threatening in your letter on 5/5/94, but you should understand that neither Mr. Fewins, nor Mr. Nyberg, nor the Federal Way Police Department were amused by it. We will all take your threat y__yr seriously. We will keep your letter in our files and you will be a prime suspect in the event of M criminal activity regarding the construction of our home in Marine Hills West. Consequently, we feel it would also behoove you to lobby your neighbors in Marine Hills against such activities. Sincerely: David . Thorp ;:�i Keifer 29505 7th Ave. S.W. Federal Way, Wa. 98023 Th(s report left by Officer. Reported on Month Day Year `?' . f w nme ~ cr-5 o k�_ r 1 41�1 Month Day Year It3OW }'tme Occurred on OS OLs CF jG/Z / or between ■rW�-tr,_-- e (Last, First, Middfe King County Poii,. Iq fNq.u=b�r� Z/ y 76Z Follow-up Report G rTVictim Type of Incident /g6A 7- Add ress/tocation of incident B ne rtmenl Name Business is a victim t-EUF V_R L Lf` 11 CCT 1( L.1 L L_ ❑ Yes Information provided Busing Phone � P,, `t /- /eN8 City State Zip L110ion sex DOB i�Ls► Lu'EL ' C-0 a/( aC�- E$-5-_ Dear Citizen: An officer of the King County Police has recently investigated an offense which you were the victim. If there is any further information whatsoever concerning this case which becomes known after the officer leaves, please use this form to forward the information. Please list below any additional information which may assist us in the investigation: 1. Witnesses: Names, addresses, business and home phone numbers. any additional information which the witness can contribute to this case. 2. Suspects: Names, addresses, description (age, clothing, hair, etc.), why suspected, 3. Missing Property: (Any additional loss or descriptions). List brand, model, size, color, serial numbers, value, caliber and barrel lengths of guns, and any other identifying characteristics. Include also the date loss discovered and where item taken from (i.e. bedroom clasei, kitchen cabinet, etc). 4. Recovered Property: List all items recovered since making original report, list how, where and when recovered and condition on recovery. 5. Include any other Inrormation, such as pictures, drawings, or other ideas, comments, or other information which may assist the investigation. I B-135 4/90 6 (// y7IN6 /9S4.M iT Pl 2_ —06S`2, PETITION WE THE UNDERSIGNED, ADAMANTLY OPPOSE THE ISSUANCE OF A BUILDING PERMIT FOR THE PURPOSE OF ALLOVIANG CONSTRUCTION ON TRACT A, MARINE HILLS WEST, SINCE THIS TRACT IS SUBSTANDARD IN SIZE, AND IF BUILT UPON WOULD PRESENT TRAFFIC PROBLEMS, WOULD DEVALUE SURROUNDING PROPERTIES, AND IS INCONSISTENT WITH THE VISION OF THE CITY OF FEDERAL WAY IN PROMOTING NEIGHBORHOOD UNITY, COMMUNITY SPIRIT, AND GrrY PRIDE. NAME STREET ADDRESS PHONE Jnpr 1 fir _ !A�. r °91V)' D r1._7�� J64Ai 56 2 3q X ► ' fry-' - 7rOL, 7 rt1 IAr111-292-4� q&t Aup Sc, -?fit ys 1 OnV41F5s 6 ntF.2wisr NUr -r�, 5� r�-� .s WA 7 ems' Pis; Tr wd u C,41 r Co J''e�s of %ifs-d'iF1 C�G/�'Y�t<" -p p�ets'io�+ �fi✓10 / _ sv�s yt : /YIA/ iN6,S_ z►p Go8003 6SZ- PETITION WE THE UNDERSIGNED, ADAMANTLY OPPOSE THE ISSUANCE OF A BUILDING PERMIT FOR THE PURPOSE OF ALLOVANG CONSTRUCTION ON TRACT A, MARINE HILLS WEST, SINCE THIS TRACT IS SUBSTANDARD IN SIZE, AND IF BUILT UPON WOULD PRESENT TRAFFIC PROBLEMS, WOULD DEVALUE SURROUNDING PROPERTIES, AND IS INCONSISTENT WITH THE VISION OF THE CITY OF FEDERAL WAY IN PROMOTING NEIGHBORHOOD UNITY, COMMUNITY SPIRIT, AND GrrY PRIDE. NAME STREET ADDRESS PHONE s c J 03 fHi, /43O ✓i-- -rA— E4Ac, ON 77415 41 A-777€1L, ol lam!1)WA3 IWovL-0 La s( Ohl Awp Co P 12 f Ar At,'- -4 60 /7 '7 a�C- D'L-, S ()'a 5 f-q v $vv j 1k # L.(-I�v(,) l''�4-rn,14 R V, PETITION q2- 0� 52 WE THE UNDERSIGNED, ADAMANTLY OPPOSE THE ISSUANCE OF A BUILDING PERMIT FOR THE PURPOSE OF ALLOWING CONSTRUCTION ON TRACT A, MARINE HILLS WEST, SINCE THIS TRACT IS SUBSTANDARD IN SIZE, AND IF BUILT UPON WOULD PRESENT TRAFFIC PROBLEMS, WOULD DEVALUE SURROUNDING PROPERTIES, AND IS INCONSISTE1 T WITH THE VISION OF THE CITY OF FEDERAL WAY IN PROMOTING NEIGHBORHOOD UNITY, COMMUNITY SPIRIT, AND CITY PRIDE. NAME , STREET ADDRESS PHONE ab(Iv e- Feder{ way rV44d.v/0Js w (f 4 rn c#" «l ftv l4ea,u l,� F—a v viz r �S �� tit 5, (,qJ iyo j �Q,Q whSe cG c �¢v YV ,i It, rL5 S 6 b1 r( cl�(-9zr��sZ PETIT ON WE THE UNDERSIGNED, ADAMANTLY OPPOSE THE ISSUANCE OF A BUILDING PERMIT FOR THE PURPOSE OF ALLOWING CONSTRUCTION ON TRACT A, MARINE HILLS WEST, SINCE THIS TRACT IS SU13STANDARD IN SIZE, AND IF BUILT UPON WOULD PRESENT TRAFFIC PROBLEMS, WOULD DEVALUE SURROUNDING PROPERTIES, AND IS INCONSISTENT WITH THE VISION OF THE CITY OF FEDERAL WAY IN PROMOTING NEIGHBORHOOD UNITY, COMMUNITY SPIRIT, AND CITY PRIDE. NAME STREET ADDRESS_ �� jPHONE I?`-/G-- d>700 ?1/F_ %YE 4vf-Zl 77.%nJ Iff/ -<N�o CX/�'�'h/N,�i!'L� /�LrG/S/UN J✓.O L SUD.S'�'QvS�r� 5/1s1gq W v • 6ve j Few; ns � Sewi er { t" ner- Gitj �,� Fa- �-O wV 33530 1sr W AI So Fed- A) "-AA), vu ti. 18 o o 3 Oeeuy 6-) T�I►s I,et�er ✓1 iv o S� Ufies is5uanc� 6 1d�-n� w/ou t � Nv-i d Th,e s to d ova Ira ct ft , M air; nk f f -► I I s wee s f- PN -�16 �Lt -nv (At� not PossIhbx byevv Drew svrh a G{�G' S� cv+ wb�1d v��#i�� (•w�R � �,+s YL�t�"G`.hmrk�- the '1� c� rA 2/3 p� a s �n a �l ; s la hd vv� u vwi dd IC O m Guy-et.e - A-ac . Pfe v i d � fi u ►�r�t�r d c� �.i 1 v h� s f C< w-A-ftr 4K.-, bf fe.nd.ed a F-Ve,lA nU O r ,` c fna( dP,tRI qZtr k,, o ttJ-�,+ e d $ fiPu-,O fur. 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YKV hkw O" d 4vo— �Vvl wve.A a.� f i H7{ ie GO'ae f� , PTA j�� w►-� -� , d VON he vc�r� b0 � vv� n� b� sec ita,1 UU7or Ptli Y1, f �j,ea r T a vh e� PlM I h git,vn ah.i c a t,,,ye 1(�t.� "d i� f � a a�.i td. )UO Al • d-a u- 4d ylt , A ` Will /Ult� A1y PYA 9C, ," I S AS& p ne gi" now% q e air• vev '�.�.�. �.i.e G,r,.Lc�. � hQiw►�. a -% �j fiLte ��ti�t�,sLtJo �GLiv�G(,t,(�•(S s; G4Yea� a fj ed-S • I}nd Y aw flu V c46�. wh4m, we kaV-t W r6fLW4,vo ed- a,Id kUY.d s-o wt-ft t'4 64,Ks d 5 " aunt -� 1 Afe- O m P�,a i % uu rt�- a- -vtdw -�w we a ifs S o� f cavwin . The WMSd , , fhvm " WA.r W"u nd AA-(,r PA4V-7r� -4 (aae kf#/y' AU - F-pj 4YAtA 1-2) f were. d w�.e. Gt v�d vv-�i v ,r5 � ��d � had d o ►� y�w�. i y owe s . 3 Md 5 W-uvJck kaAM iv 6 ► m p rvv-td , 6a- r-o f ; ,,rn� who K,7u ue6� w fir n,,-t wy) 6" ry- et-v,' f 4,v A wi -rt, n " t1,i ,? , p "b c �W fi u f' . VfA'?- (A � i 3 -p-r'5 5 Gt C'�, rc dA,�,; s r'" ✓ u s + -err Ala( tyw k-M nT �. � Yfiu-al rirn.�,�vn�.� Yl.2ed � I e rnad� a� r��ar►�. rr�r�(od "U'� d.I w kw Gr � [ t war. T�u 5ttttt "mod fpuL" S !d-u q 151" A r S [N '►La,rY&VIJ i 941d W i fh a4t,V 5%C W nt/At V-1 UA-)s dh - GflYyt,r poses e4rr,- WT-eA.A h.e UCIL13 lid - �t d �> litA U_e r u e4te v., a G7xf 1 e- CAAC Canke d rrn T-�u sfj.eo tf. -F1u/LL s a�/n &�&u AA - t" vrrn6{"Il- �'VAt -w #� Nu rn rmQ Pf>,, r( Rnked d 4AIJ)e aAt- a- com m m # -tom "ry, s �''�`a . ovu � I�eA GLMs a<V yVVt5? �. 6o a)" a ptd b (a, , S� � BzM W �M 6OV 5 G� [osir� j 5 (dT, s K,6)Ar f) o vUa*� s ar �"C" 5 k,(A .I d 6e U 17d 7W J: ht j 0 9 A/L , tkf k of d TbV S" 5f aI-d JW wee. ar Terry N. Campbell 505 South Marine Hills Way Federal Way, Washington 98003 May 16, 1994 Transmittal via facsimile - 206/661-4129 Department of Community Development Services City of Federal Way 33530 First Way South Federal Way, Washington 98003 Attn: Greg Fewins Re: Building Permit Application - 92-652 NR Dear Greg: This letter is in opposition to this issuance of a building permit to David Thorstad for the construction of a single-family residence on his property located at 406 South 289th Street in Federal Way. My major concern is one of safety for the surrounding residences, in that the existing street adjacent to the Thorstad property is narrow and currently difficult to negotiate for large vehicles, such as garbage trucks or emergency equipment. It is my understanding that the City intends to waive the requirement of improving this street to current City standards in conjunction with the issuance of the above -referenced building permit. Since this issue deals directly with the safety and welfare of Federal Way residences, I would ask that the City review the Thorstad application, and follow-through only if it is consistent with all City codes and requirements. It is most important that the City be responsive to neighborhood concerns, where issues of public safety are of concern. Sincerely, Terry Campbell TC/Ijb MEMORY TRANSMISSION REPORT TIME MAY 16 '94 '�5 TEL NUMBER 1-206-454-346b.. NAME CAMPBELL - HOGUE NBR FILE DATE TIME DURATION PGS TO DEPT NBR MODE STATUS 545 F.6 MAY.16 10:44 01/02 2 2066614129 D 09 G3 M OK Greg Fewins Senior Planner Department of Community Development City of Federal Way 33530 1st Way South Federal Way, WA 98003 Dear Mr. Fewins, May 16, 1994 RECEIVED BY COMMUNITY DEVELOPMENT DEPARTMENT MAY 17 1994 I am writing in response to the administrative appeal on building permit application 92-652 NR pursuant to Federal Way City Code (FWCC) section 22-5. As you are aware, the neighbors in which the applicant's lot is located have always believed that Lot A is not a buildable lot. The most recent ruling from the Court of Appeals has designated that local and enforceable covenants do apply to approximately one-third of the lot and do not apply to the remaining two-thirds. Naturally, this now only confuses matters worse from the civil litigation side. However, understanding that the City of Federal Way does not recognize covenants in their building permitting process, I will limit my comments to the following: If a structure was to be built in the existing cul-de-sac, it is important to note that this body of land is no longer a cul-de-sac. Therefore to provide the necessary safety to the existing neighborhood, and maintain the neighborhood's welfare, the City must enforce the prescribed codes of having 28 foot wide streets and appropriate turning radiuses. We have lived with the existing narrow streets for years, but we have had no sight impediments even when the ground -level water tank was in existence. About 15 children live and play in this immediate area and a structure would limit the vision of drivers in these tight corners for children and other automobiles. I am sure the City cannot afford the unnecessary liability of "taking short-cuts" when it considers any type of variances or waivers. Some in the employ of our City have suggested that the Public Works Director has "wide powers" in these matters, but when it comes to safety and welfare I doubt he/she would want to assume that kind of risk. Therefore I am recommending in the strongest terms that the roads be widened for Lot A (and Lot B) before any permit be granted. I would now like to make reference to the existing code: Federal Way Code Section 110.60, Modifications, Deferments, and Waivers states as follows: "Public Works Director, may modify, defer, or waive the requirements of this chapter only after consideration of a written request for the following reasons:" (Note: There is no record of a written request, so how could it be possible that the permit be issued without reference to widening the streets?) "l.The improvements, as required, would not be harmonious with existing street improvements, would not function properly or safely, or would not be advantageous to the neighborhood or City as a whole". (Note: The improvements would be very harmonious with the neighboring lot; in fact welcomed by the owner of Lot B. Naturally the issue of safety and welfare of the neighbors is not an issue here) "2.Unusual topography or physical conditions preclude the construction of the of the improvements as required". (Note: These conditions actually give cause for not granting waivers as the hills and tight corners pose a serious safety hazard if any structure was to impede vision of a motorist) "3.Proper vertical or horizontal alignments cannot be determined because the existing streets do not have correct alignments". (Note: Does not apply in this case) 4. The required improvements is part of a large project that has been scheduled. (Note: Does not apply in this case) The neighbors of Marine Hills, who are citizens of the City of Federal Way should expect nothing less than fair, open, and honest consideration as it applies to the permitting process and the associated permit appeal process. This should not be an exercise of the Marine Hills neighborhood against the City of Federal Way and the owner of Lot A. What it should be, is the City re-examining the way in which it went about granting the permit and correct past mistakes and deficiencies. We know the City was newly formed at the time of the original permit being granted and I am personally not looking for anything other than the spirit of building codes being carefully integrated into our valued existing neighborhoods. Thank you for your consideration. Sincerely, H.Clark Mounsey 425 So. 289th Street Federal Way, WA 98003 �04f, R� �o r am L,,7e,-Y ech Uvf-kl I'S CA �2Eu� mn rv�ti.�ir+�.em0 C��u cw.� W _l�� lnnQS(� Sul -� tAl- -W6, M- cam, ce �v�� f— �,a �fv a c„�esF�lo�s�P v�� C v��t�..s of C�—��` sh_'2eP- w-� i 38 l CG COY" VvA5 L,C,R- �Jar--- vm-�Ie , wt�_ V� 412 South 289th Street Federal Way, WA 98003 May 16, 1994 RECEIVED BY COMMUNITY DEVELOPMENT DEPARTMENT Greg Fewins, Senior Planner City of Federal Way MAY 16 1994 33530 First Way South Federal Way, WA 98003 Dear Mr. Fewins: I would like to express my concerns regarding the issuance of a building permit for Tract A, Marine Hills West, 406 South 289th Street, File #UPR 92 - 0011. I live at 412 South 289th Street, Lot 10, which is north of the Tract A. During the past several years the hillside behind our home has had extensive mud slides, the most recent only a few months ago. The edge of the hill is now only a few feet from the back corner of our neighbor's home. I am deeply concerned another home in this area, especially one oq the proposed size on such a small lot, will completely overload the storm sewer system causing extensive damage to the hillside, the homes on the hillside, and the condominiums below in Redondo. Have environmental studies been done concerning this point and is the city of Federal Way willing to take this risk without completely researching the issue? Sincerely yours, C', � Mary A`hn McDonnell Ise /9 gel ao�, �ECEIVEU MY COMMUNITY DEVELOPMENT DCPRR711ENT �3-�� MAY 1 6 1994 1'" �-d/' c�ti' f.v1rA•.f � WG� jc g'O o 3 f •--. J s o'.Lt J_cl ' J - 't. 6-.— o Y +yam-i.. � cQ-w. �- (-• �-- L{ , �'•.�� 'ter., c�. �. �.- c..._ � �c � v. � �� f.. " v' Lt�+�-'+�L�I"YL vim C� �_C`/t M�. i •T�-v� X /rC K tC C-Ad3 ! \` 5 J, - y �•`r o` `�/ s� �' 0. H S 9-�- l./'� ✓1 '�if� � �y Y:i� /I�.O+ V`t G� �=LM� d1.� ! -1' �C..�-1� c� � —�-c �. %..�,. ✓ (/Vj/S-Civ� a-e17 ,{I�' *^L VC�-C o J k-. of. ✓ ✓ alt.J -I v.. v-4 r Lo &2�- /T� r � y �. Gk /s+ G r/er9�i�c+�h ROBERTON ASSOCIATES, INC., P.S. JAMES W. ROBERTON, MZ WANDA L. ROBERTON, M.D. 32124 - First Ave. S., Suite 100 Federal Way, WA 98003 Telephone: 838-6556, 927-7231 May 9, 1994 Greg Fewins, Senior Planner City of Federal Way 33530 First Way S. Federal Way, Wa 98003 Dear Mr. Fewins: PFCEIVED BY FAMILY MEDICINE COMMUNITY DEVELOPMENT DEPARTMENT Physicians and Surgeons MAY 16 1994 RE: Tract A - Marine Hills West Owners Thorstad/Keifer The above lot is directly accross the street from my home. I was told when I purchased my home that the water tower lot could not be built on because it did not meet the qualifications for a buiiding site in the area. I strongly protest the issuing of a building permit for this property for many reasons: 1. It will totally block my view, devaluing my property by $50,000 to $75,000. 2. It will destroy the peace and tranquility of the neighbor- hood, and also destroy the only play area for the neighbor- hood children. 3. The property was never intended as a building site. Also the Marine Hills Architectural Committee has already refused the request to build on this lot. 4. The street around the circle is too narrow to allow adequate passage of safety vehicles. Please help us to mair_tain the pe?c?f'.,l nei a�'borY1t]o which we have worked so hard to build up. Do not subject us to overcrowding and inadequate services because of a dispute in which the majority (the residents of the areal feel so strongly that their request is reasonable and right. Sincerely, W/' /Z�442* W. Roberton, M.D. 28805 Fifth& Ave S, Federal Way, Wa 98003 JR/1 ROBERTON ASSOCIATES, INC., P.S. JAMES W. ROBERTON, M.D- WANDA L. ROBERTON, M.D. 32124 - First Ave. S., Suite 100 Federal Way, WA 98003 Telephone: 838-6556, 927-7231 May 9, 1994 Greg Fewins, Senior Planner City of Federal Way 33530 First Way S. Federal Way, Wa 98003 Dear Mr Fewins: FAMILY MEDICINE Physicians and Surgeons R�CFIV[-.nY COMMUNITY DEVELOPIORNT DEPARTMENT MAY 16 1994 i7.• i ant writing in regard to Tract A arine J-L West Addition, 406 S. 289th St - Owners David Thorstad and Terel Keifer. I wish to strongly protest against the issuing of a building permit for this lot. Those of us in the area have always understood that when the water tower was torn down, we would have the benefit of an open space at that site. The area is already too crowded to permit reasonable traffic around the lot in question, and the drainage problem for the homes below the site is already critical. -- We have worked hard for our homes and neighborhood, and we have worked hard for the City of Federal Way dug*ng_ its incorporation - so that we would have protection against just such an event as the one we now fear. PLEASE help us to maintain the tranquility of our neighborhood, and the quality of our homes in a reasonable setting. Sincerely, Wanda L. Roberton, M.D. 28805 Fifth Ave So. Federal Way, Wa 98003 wr/l May 9, 1994 32814 43rd P1 S.W. Federal Way, Wa 98003 RECEIVED BY COMMUNITY DEVELOPMENT DEPARTMENT TO THE CITY OF FEDERAL WAY MAY 16 1994 RE: Building Permit for tract A, Marine Hills We strongly oppose the issuance of a building permit for a residence on this lot. The lot was never -intended to be built on - it does not meet the requirements for buildable lots in the area. The road is too narrow to permit access for service and emergency vehicles, and already poses problems for the residents there. The residents of the neighborhood deserve to benefit from sensible city planning, which would not be in force if this permit is granted. Sincerely, 'f)z' Sheri Stroud Malcolm Stroud SS/1 32jq +� A= Ill, Sw May 10, 1994 Greg Fewins, Senior Planner City of Federal Way 33530 First Way S. Federal Way, Wa 98003 RE: Tract A Marine Hills West Dear Mr Fewins: PEGEIVED BY COMMUNITY DEVELOPMENT DEPARTMENT MAY 16 1994 1 strongly protest the issuance of a building permit for this lot. The idea of a single house in the middle of the circular lot, with the surrounding homes all around the circle is very poor planning and esthetically displeasing. The plotting of this portion of Marine Hills precludes the idea that this lot should ever have been sold to anyone for home building. This circle should remain a green belt area. Please help to maintain good planning in Federal Way. Sincerely, I May 11, 1994 REr,F►VFD BY Greg Fewins, Senior Planner COMIMUN{TY DEVELOPMENT DEPARTMENT City of Federal Way MAY 16 1994 RE: Tract A, Marine Hills West Addition 406 S. 289th, Federal Way Dear Mr. Fewins: i strongly protest the building of a house on this lot. The platting of this portion of Marine Hills legally precludes the idea that this lot s?Ilould have been sold for building purposes. There are several issues which should be considered: 1) The steep graded hillside involved, which already presents a run off problem. 2) The very narrow street, with a sharp turn, which is already the site of the emergence of several driveways. The problem with the street - which makes it unnegotiable by safety vehicles. 3) The size of the lot, which is much smaller than the other lots in the area. 4) The fact that a center lot surrounded by other homes is used in other parts of the city as a green belt or open area rather than crowding in another house. Please do not allow this part of our neighborhood to be over crowded. Please do not issue this building permit. Sincerely,7 _ r May 11, 1994 Greg Fewins, Senior Planner City of Federal Way RE: Tract A, Marine Hills West Addition 406 S. 289th, Federal Way Dear Mr. Fewins: RECEIVEO BY COMMUNITY DEVELOPMENT DEPARTMENT MAY 16 1994 I strongly protest the building of a house on this lot. The platting of this portion of Marine Hills legally precludes the idea that this lot $:% ould have been sold for building purposes. There are several issues which should be considered: 1) The steep graded hillside involved, which already presents a run off problem. 2) The very narrow street, with a sharp turn, which is already the site of the emergence of several driveways. The problem with the street - which makes it unnegotiable by safety vehicles. 3) The size of the lot, which is much smaller than the other lots in the area. 4) The fact that a center lot surrounded by other homes is used in other parts of the city as a green belt or open area rather than crowding in another house. Please do not allow this part of our neighborhood to be over crowded. Please do not issue this building permit. Sincerely, A,t May 10, 1994 0 Greg Fewins, Senior Planner City of Federal Way 33530 First Way S. Federal Way, Wa 98003 RE: Tract A Marine Hills West Dear Mr Fewins: RECEIVED BY COMMUNITY DEVELOPMENT DEPARTMENT MAY 16 1994 I strongly protest the issuance of a building permit for this lot. The idea of a single house in the middle of the circular lot, with the surrounding homes all around the circle is very poor planning and esthetically displeasing. The plotting of this portion of Marine Hills precludes the idea that this lot should ever have been sold to anyone for home building. This circle should remain a green belt area. Please hpl-p)to mjintain good planning in Federal Way. Since y, May 12, 1994 Greg Fewins, Senior Planner City of Federal Way Planning Department 33530 First Way South Federal Way, WA 98003 Dear Mr. Fewins: iC�t�lEn Y COMMUNITY DEVELOPMENJ I DEFARTIO'N'T MAY 16 1994 I am writing to express my displeasure with the thought that a building permit may be issued to Mr. David Thorstad, to build a three story house on the lot identified as Tract A, Marine Hills West. I am a homeowner and live on the hillside above this piece of property. We purchased our home in February 1992. Within the first few months in the neighborhood, I was served with papers from Mr. Thorstad who was suing everyone who owned property in Marine Hills West. Since that moment, we have been thrown into the ensuing battle over what happens to this lot. I never dreamed that any building would be allowed on this property. It is so small in comparison to all the other lots in this development. Has anyone from the Planning Department ever been out to see for themselves what they are approving permits for? Have you considered what impact the variances will have on this property and the neighborhood? I look down upon this lot, and I see a very narrow street encircling this property. When there are cars parked on the street, there is no room for a large vehicle like a fire truck to get through the street. I am concerned that a house might burn to the ground before a fire truck could ever get to it. Apparently the Fire Department said the street was wide enough for a fire truck to drive around. This could only have been because there were no cars parked on the street. A few days ago, I tried to drive around one corner where two cars were parked. I had to back out because I could not get through. There is little visibility on one corner now, and if a house is put on this lot, it will be even worse. The children that play near that corner will be in real jeopardy. And no sidewalk is required around this lot as it is for the other properties. I pray that no children get hurt. It is also my understanding that Mr. Thorstad plans to have his architectural office in this house, if he builds on Tract A. That will cause more traffic and make the streets even more dangerous. It appears that one man has been allowed to make plans to build on a piece of property that will impact at least twenty homeowners. He, however, does not have to follow the rules that the rest of us have to. The reason I voted for Federal Way to become a city, was to have a more direct voice in the matters of my community. I am very concerned about the way the city is conducting its business. I cannot any more say I am proud to live in Federal Way. I love my neighborhood, and when this is all over and done with, will look out my dining room window toward the possible home that will have ruined the property values of many of its neighbors. I hope that in a few years I will still have my same neighbors. My fear is that several of the neighbors here now, will be moving out of Federal Way. Most of them have been supportive, civic - minded people, who have contributed a lot to this community. I guess it does not matter that Federal Way will lose some good people. Where is the concern for the residents of this city? Sincerely, Ellen Campbell i May 12, 1994 Greg Fewins, Senior Planner RE City of Federal Way, 33530 First Way S. Federal Way, Wa 98003 Dear Mr. Fewins: R-rTY°v-T GY MAY 16 IS94 Tract A Marine Hills West Addition I am strongly opposed to a building on this lot. It was never intended for a house - it has been understood by the residents of the area that when the water tower was gone, we would have an open green area. Please do not allow a house to be built in an area which was obviously not meant to be a home building site. Thank you, r5- DCf May 12, 1994 Greg Fewins, Senior Planner City of Federal Way 33530 First Way S Federal Way, Wa 98003 RECEiVEJ GY COMMUNITY DEVELOPMENT DEPARTMENT MAY 16 1994 RE: Tract A Marine Hills West Addition Dear Mr. Fewins: I wish to protest any building being built on the above lot. This would be against the spirit of the entire Marine Hills area, and also against the idea of quality planning for the city of Federal Way. We need our open spaces, our areas of green and plantings, and areas where children can play. We do not need every available space to be taken up by a building. Please do not issue a building permit for this lot. Thank you, 5�� (, JP p-ex � RECF-IVEO OY COMMUNITY DEVELOPMENT DEPARTMENT MAY 16 1994 May 11, 1994 TO: The City of Federal Way Planning Office RE: Tract A Marine Hills West Addition This is a request from a concerned resident of Marine Hills - please help us to keep our neighborhood free of over building on inadequate lots. Please help us keep the area safe as well as beautiful by not issuing a building permit for this lot. Thank you, `f RECEIVED BY COMMUNITY DEVELOPMENT DEPARTMENT May 11, 1994 MAY 16 1994 TO THE CITY OF FEDERAL WAY PLANNING DEPARTMENT: RE: Tract A Marine Hills West Addition Please do not issue a building permit for this lot. This area was never intended to be built'- on after the water tower was removed. It should be an open area to beautify the area - in the same manner than other cul-de-sacs have angarden area in the center. Please help us keep our neighborhood tranquil and beautiful - by saying "no" to a building on this lot. Thank you. I May 12, 1994 TO: CITY OF FEDERAL WAY RE City Planning Dept. RECEIVED BY COMMUNITY DEVELOFNIENT DEPARTMENT MAY 16 1994 Tract A Marine Hills West I wish to go on record as being opposed to any building on the above tract. This lot was never meant to be a building site. It is smaller than the surrounding lots - it has drainage problems, and there is a problem with the narrow street with a sharp curve. A more reasonable plan would be to maintain this open space for the beauty of the neighborhood - which is what all the residents of the area had believed the original plan to be. Thank you for your consideration. �qs l (� Sl-" av Q-- , S (Ac�) 9111- \S'5691 Greg Fewins, Senoir Planner City of Federal Way 33530 First Way South Federal Way, WA 98003 Dear Mr. Fewins: COMMUNITY DEPARTMENT MAY 16 1994 I am writing in regards to Tract A in Marine Hill West. As a parent of 2 children, I am greatly concerned about the safety issues involved in this matter: My children ride their bikes and roller skate around the neighborhood cul-de-sac. Right now they can see on coming traffic. However, if a home is built on this property, their visability will be zero. Add to that 5 drive- ways dumping into the street at virtually the same place. Can you tell me ifi Childfen will be safe playing in the nei nborhood y y P y---g --- 9 they grew up in? Can you tell me their safety and well being were taken into consideration when a building permit was issued? Are you willing to take the responsibility if my children are hurt in an accident caused by over construction of an exsisting neighborhood? Are you going to tell my children that their neighborhood is no longer a safe place for them to play? Maybe you should post warning signs "PLAY AT YOUR OWN RISK, CITY NOT RESPONSIBLE." You are taking away my childrens safety and their neighborhood. I hope you and the city can live with your decision. We hold you responsible. Respectfully, Fede I Way Mother cc: Mary Gates, Mayor Ken Nyberg, City Manager Greg Moore, Community Development 1-206-454-3468 CAMPBELL - HOGUE 545 P02 MAY 16 194 10:44 Terry N. Campbell 505 South Marine Hills Way Federal Way, Washington 98003 May 16, 1994 RECEIVED BY COMMUNITY DEVELOPMENT DLPAWNIENT Transmittal via facsimile - 2 61-4129 MAY 16 1994 Department of Community Development Services City of Federal Way 33530 First Way South Federal Way, Washington 98003 Attn: Greg F'ewins Re: Building Permit Application - 92-652-NR Dear Greg: This letter is in opposition to this issuance of a building permit to David Thorstad for the construction of a single-family residence on his property located at 406 South 289th Street in Federal Way. My major concern is one of safety for the surrounding residences, in that the existing street adjacent to the Thorstad property is narrow and currently difficult to negotiate for large vehicles, such as garbage trucks or emergency equipment. It is my understanding that the City intends to waive the requirement of improving this street to current City standards in conjunction with the issuance of the above -referenced building permit. Since this issue deals directly with the safety and welfare of Fedetal Way residences, I would ask that the City review the Thorstad application, and follow-through only if it is consistent with all City codes and requirements. It is most important that the City be responsive to neighborhood concerns, where issues of public safety are of concern, Sincerely, 'ferry Campbell TC/ljb 1-206-454-346e CA�MPPBELL - HOGUE 545 P01 MAY 16 194 10:44 FACSII'I iLE TRANSMITTAL COVER SHEET CAMPBELL-HGGUE & ASSOCIATES, INC. Bldg. 3. Suite 212, 300 - 120th Avenue Northeeat Bellevue, Wsshington 98005 2061456.3879 -PAX.-- 2Q61„ 54.34,8B TO: Greg Fewins NUMBER CALLED'--- 206-661-4129 FROM: merry Campbell DATE AND TIME: 11 : 00am NUMBED OF PAGES (Including covershoet)t,_., SUBJECT: see Attached COMMENTS: R DT p 1`lT O �A Greg Fewins, Sr. Planner City of Federal Way �A 33530 First Way South Federal Way, Wa. 98003 Dear Mr. Fewins, I am a resident of Marine Hills West and, as I am sure you are no doubt aware, my neighbors and I are vehemently opposed to the development of the property known as "Tract A." Our concerns are many and genuine and our fight is legendary with the members of city government and the Water and Sewer District. I live directly across the street from the subject property and have experienced,(as have many of my neighbors), significant erosion of my backyard. To date, no one, including engineers for the Water and Sewer District, can tell me exactly why this is happening but it doesn't take an engineer to see that yet more impervious surface can only increase the risk of even more problems of this nature for me and my neighbors. My problems notwithstanding, the single biggest issue is that this property should never have sold by the Water and Sewer District as it was never intended to be a building lot for a number of compelling reasons; 1. It is too small. 2. It's in the middle of a cul-de-sac surrounded by homes. 3, It's location in the middle of an already tight traffic circle presents a number of safety issues. 4. Any structure on the property would diminish the real and aesthetic value of the surrounding homes 5. Established neighborhood c.c. and is would clearly be violated. I truly believe that issuing a building permit would destroy the fabric of this neighborhood and set a precedent for the further undoing of a city whose credibility and vision is already dubious. I invite you to come out and experience this neighborhood . One look by a person of any reason should be enough to confirm what my neighbors and I already know - developing this property at all is just plain wrong! Sincerely, , James . Anderson, III 7j- Aj _j� THE EQUITABLE GREG FEWINS FEDERAL WAY PLANNING DEPT. 33530 FIRST WAY S FEDERAL WAY, WA 98003 RE: TRACT A, MARINE 406 S 289TH ST FEDERAL WAY, WA MR FEWINS 140 16 10 HILLS WEST ADDITION 98003 Steve S. Kang, LUTCF Registered Representative �m 33801 FIRST WAY SOUTH SUITE 231 FEDERAL WAY, WASHINGTON 98003 (206) 927-2170 SEATTLE: (206) 661-1722 MOBILE: (206) 279-1413 I'D LIKE TO ATTEND A PUBLIC HEARING REGARDING THE ABOVE PROPERTY BUILDING PERMIT. IN MY OPINION THIS PLOT IS TOO SMALL TO BUILD SUCH A STRUCTURE. DEVELOPMENT OF SUCH PRESENTS A HOST OF SAFETY AND ESTHETIC ISSUES. THE STREETS ARE ALREADY NARROW AND CROWDED, EVEN THE FEW VEHICLES PARKED ON THIS STREET MAKE MANEUVER- ABILITY DIFFICULT. ALSO THIS AREA OF MARINE HILLS, WITH ITS STEEP -GRADED HILLSIDES, IS ALREADY AN ENVIRONMENTALLY -SENSITIVE AREA, DUE TO WATER RUNOFF THAT IS ERODING THE BACK YARDS OF MOST OF THE STRUCTURES, PAVEMENT, ETC. KNOWN AS "IMPERVIOUS SURFACE" IN THIS AREA, BUILDING WILL MAKE THIS PROBLEM EVEN WORSE. IF THE CITY HAS TAKEN FOR GRANTED THAT THIS POTENTIAL BUILDING PERMIT WOULD BE ISSUED TO SOMEONE, WHO MAY NOT HAVE REPORTED ALL FACTS PROPERLY IN THE APPLICATION AND THE CITY HAS NOT CHECKED THOSE FACTS OUT FOR THEMSELVES, THIS POTENTIAL PROBLEM WOULD EXACERBATE THE SITUATION. EXAMPLES OF THIS ARE, THE ELEVATION OF THE LOT (WHICH IS IN DISPUTE), AND THE BUIL•DABILITY OF THE PORTION OF THE LOT WHICH IS NOT COVERED BY MARINE HILLS CONVENANTS. THE MARINE HILLS ARCHI- TECTURAL CONTROL COMMITTEE HAS ALREADY DENIED MR THORSTAD PERMISSION TO BUILD ON THIS TRACT OR ANY PORTION THEREOF. PLEASE DO NOT ALLOW THIS PROJECT TO GO FORWARD. SINCERELY STEVEN S KA''NG...-�� 28913 5TH AVE S FEDERAL WAY, WA 98003 Agent/Registered Representative The Equitable Life Assurance Society New York, NY 10019 (212) 554-1234 Individual and Group Life and Health Insurance and Annuities Agent Equitable Variable Life Insurance Company (EVLICO)' New York, NY 10019 Variable Life Insurance, Life Account and Single Premium Deferred Annuities Registered Representative Equico Securities, Inc.' New York, NY 10019 Mutual Funds and Other Securities a subsidiary of The Equitable JOHN K. RIBARY 29010 - 8th Avenue South Federal Way, Washington 98003 Telephone: (206) 941-3474 May 10, 1994 Mr. Greg Fewins, Senior Planner City of Federal Way 33530 First Way So. Federal Way, Wa. 98003 Re; Bldg. Permit Applicatilon 92-652NR Dear Mr. Fewins, RECEIVED BY Z)MMUNIY DEVeLOPMF-W DEPARWIE 140 16 I am opposed to the approval of -,a building permit on the above r.ferenced parcel.. i have lived in Marine Hills for 17 years. Most of us who live here have served on the Architectural Committee. Prior to becoming part of Federal Way, this committee reviewed proposed new homes to ensure-they_not.onl.y complied with the covenents, but blended with the overall plan for our communities developement. Those homes surrounding this parcel were reviewed and their final approval was based on the premise that the center parcel would not be developed as a residence. To approve -this .parcel for- a'bui.l%ding,:-permit would be inconsistant with previous practices, and would seem to favor the individual developer of this parcel at the unfair expense of surrounding homeowners, and others like myself who live in Maring Hills. I would appreciate hearing your thoughts on this issue. Regards ibary May 12,1994 Mr. Greg Fewins City of Federal Way 33530 1 st Way South Federal Way, Washington 98003 Re: File #92-652-NR Dear Mr. Fewins: am writing on behalf of the don Swensons who reside at 401 S 269th. Sue Swenson is my daughter. was City Supervisor for the City of Olympia for over 27 years. I also served as Regional Vice President for the International City Management Association. I currently serve on the Board of the Municipal Servics and Research Center. have followed this case for several years and have been amazed at the run- around the residents of the area have received from officials of Federal Way. I contend that city government has a responsibility to maintain the integriity of neighborhoods and should assist the residents. City building permits should only be issued if the covenants of the plat have been followed. It is my understanding this not the case. The street system in this area is not sufficient to support another house and driveway. I have two young grandchildren in this area and I am extremely concerned about pedestrian safety. The narrow streets and the configuration seems to make it impossible for fire engines and emergency apparatus to adequately service the existing homes. Now you want to add another. have years of experience in adjudicating such matters as is now before you. I would suggest, that if this permit for Mr. David Thorstad is approved, that you have done an extreme disservice to the people who worked very for the incorporation of Federal Way. They worked hard because they felt the county would not be concerned about small neighborhoods, but that city government would better protect their property values and their safety. cannot see how in good conscience you can approve this permit application_ Yours ve y truly, Cry Z4�V G. E. Marshall 2539 Blooms Court SW Olympia, Washington 98512 cc: Ken Nyberg, City Manager Greg Moore, Director, Community Development SUNANDA UBEROI, M.D. RHEUMATOLOGY 34509 - 9TH AVENUE SOUTH, SUITE #309 FEDERAL WAY, WASHINGTON 98003 TELEPHONE 838-3045 May 13, 1994 Greg Fewins, Senior Planner City of Federal Way 33530 First Way South Federal Way, WA 98003 Dear Mr. Fewins, 4361 TALBOT ROAD # 1 01 RENTON, WASHINGTON 98055 TELEPHONE 927-2260 RECEIVED BY COMMUNITY DEVELOPMENT DEPARTMENT MAY 16 1994 RE: Track A -Marine Hills West Owner: Thorstad-Keifer The above mentioned lot is bnclosed- proximally to my home. I am writing this letter to strongly protest issuing a building permit for this property in my neighborhood for several reasons. First, the property was never intended as a building site for a home as it does n o� meet the criteria for building a home on a lot of that size by Marine Hills Covenants. Moreover, the property is in a cul-de-sac on an isolated island which will not allow the narrow road there to take the traffic and a driveway for the house. The city would have to look into widening the local area streets before allowing a permit for building. Secondly, if an argument is made that the lot does not have to abide by Marine Hills Covenants Mr. Thorstad could build a restaurant in a lot amidst this residential area or use his property for business disrupting the living area for several Federal Way residents around him. Thirdly, the lot has been used by children and is the only area for the local kids to use. Fourthly, a building on that lot would depreciate home values of several houses in close proximity. Fifthly, the intents of the owners is fairly obvious -profitability and I belief the owners will not be occupying the property for a long time, thereby, making a profit and getting out leaving the community disrupted in the process. I think this is very unfair to allow such a disruption in a long- standing, established, peaceful neighborhood like Marine Hills. Sincerely, Sunanda Uberoi-Dewan Suitc It 3�f ;,)E-t `' �t— Clf- ev/ cv!/V' ioex'w T- �i �z —d4 PETITION WE THE UNDERSIGNED, ADAMANTLY OPPOSE THE ISSUANCE OF A BUILDING PERMIT FOR THE PURPOSE OF ALLOWING CONSTRUCTION ON TRACT A, MARINE HILLS WEST, SINCE THIS TRACT IS SUBSTANDARD IN SIZE, AND IF BUILT UPON WOULD PRESENT TRAFFIC PROBLEMS, WOULD DEVALUE SURROUNDING PROPERTIES, AND IS INCONSISTENT WITH THE VISION OF THE CITY OF FEDERAL WAY IN PROMOTING NEIGHBORHOOD UNITY, COMMUNITY SPIRIT, AND CITY PRIDE. NAME STREET ADDRESS PHONE 70 Z CA f . .2� //_ 5 `2-zlC 493 / L.. ��7I i9l e:� c/I-1,71Y -r 597 Y'llv Sv -197 7774E /6o ✓e w'h.r Wo mac. �i ids D/- /Aft l'V6 CrCtlM 1ivtC! A2.c_ VAf T1�Cs N1 �f �C)5� Y PETMON 2- o 6sz WE THE UNDERSIGNED, ADAMANTLY OPPOSE THE ISSUANCE OF A BUILDING PERMIT FOR THE PURPOSE OF ALLOWING CONSTRUCTION ON TRACT A. MARINE HILLS WEST, SINCE THIS TRACT IS SUBSTANDARD IN SIZE, AND IF BUILT UPON WOULD PRESENT TRAFFIC PROBLEMS, WOULD DEVALUE SURROUNDING PROPERTIES, AND IS INCONSISTENT WITH THE VISION OF THE CITY OF FEDERAL WAY IN PROMOTING NEIGHBORHOOD UNITY, COMMUNITY SPIRIT, AND CITY PRIDE. NAME STREET ADDRESS PHONE PM4v Zi L -3 j0� S' �'1.,2{.vSC IflG4f !. jy 1-3-P-7 ,Z.9Scl 6TJ+ Aga- S S 34-.F-3Z.8 THam. A-8oV E e 1 T"l Zcvs A' Al,--.- PE;PO4ZA/ - VVAy Rr,s/ ne++TS (U NLC-S r NOTED) Atip wvut v L-I Kir 1-o 8r coPtco oN rh,-r-- w"R-i wS F-,xA-rr,iNE-r,-s Ar_-c1s1av A-hro A-L-4- St"pgS494)mUrT MA ct.JtiL,s 0A/ Tr{IS MA-r17SA-, BveL,o1Nc Ae"i,7" .# p- - 065-2-- coor Li_r�rt� wlciVl MAY 16 1994 PETIT ON WE THE UNDERSIGNED, ADAMANTLY OPPOSE THE ISSUANCE OF A BUILDING PERMIT FOR THE PURPOSE OF ALLOWING CONSTRUCTION ON TRACT A. MARINE HILLS WEST, SINCE THIS TRACT IS SUBSTANDARD IN SIZE, AND IF BUILT UPON WOULD PRESENT TRAFFIC PROBLEMS, WOULD DEVALUE SURROUNDING PROPERTIES, AND IS INCONSISTENT WITH THE VISION OF THE CITY OF FEDERAL WAY IN PROMOTING NEIGHBORHOOD UNITY, COMMUNITY SPIRIT, AND CITY PRIDE. NAME STREET ADDRESS S /'L A vt f ,-. PHONE 93 c�.. k-S- 6-? 4- ' - 5�sz; %*fE7, Aft V17 Cr17z s A421 6&AL 00 -. UNi-4ss NoMb) AlvO thou L-D L-I c 7D aF- COP140 Oiv VW6 f F-Al¢a"A- OxA-M <NA2 r o,c-'d1S0AJ ,}i✓D 4-LA- Sv85 £42v45ivr- /1MtL./A/&,S opt/ )XIS A7A-TrZF-IL . bF ui q�003 PETITION WE THE UNDERSIGNED, ADAMANTLY OPPOSE THE ISSUANCE OF A BUILDING PERMIT FOR THE PURPOSE OF AI_LOVANG CONSTRUCTION ON TRACT A, MARINE HILLS WEST, SINCE THIS TRACT IS SUBSTANDARD IN SIZE, AND IF BUILT UPON WOULD PRESENT TRAFFIC PROBLEMS, WOULD DEVALUE SURROUNDING PROPERTIES, AND IS INCONSISTENT WITH THE VISION OF THE CITY OF FEDERAL WAY IN PROMOTING NEIGHBORHOOD UNITY, COMMUNITY SPIRIT, AND CITY PRIDE. NAME STREET ADDRESS PHONE i �iH s � ,�. +�Ml�,N .?yes �i��— �i/�, ��..s� ��.��•,�c, cv.�v �'s S'��'�' y aq6 oo ZeL:j yl j9&-p- �' L5, -+L-, �$ o �� C� T� ZF.N5 ►�►� ��F..-2� 2,�'S t a�Nr� vNt.�ss ►►role III D Ut�d LI )tc5 ro 6E 60/0/040 Al 77;; ' fit}-L L MA!LIAOS a Aj BLS A7Av'7',4AL„ 4(II&AIA/6 A�/&Vr7- )rinr� ,# � � 2 —04 r�7 s 2 HECrzIVEQ I3Y COMMUNITY DEVELOPMENT DEPARTMENT MAY 16 1994 PETMON WE THE UNDERSIGNED, ADAMANTLY OPPOSE THE ISSUANCE OF A BUILDING PERMIT FOR THE PURPOSE OF ALLOWING CONSTRUCTION ON TRACT A, MARINE HILLS WEST, SINCE THIS TRACT IS SUBSTANDARD IN SIZE, AND IF BUILT UPON WOULD PRESENT TRAFFIC PROBLEMS, WOULD DEVALUE SURROUNDING PROPERTIES, AND IS INCONSISTENT -WITH THE VISION OF THE CITY OF FEDERAL WAY IN PROMOTING NEIGHBORHOOD UNITY, COMMUNITY SPIRIT, AND CITY PRIDE. NAME STREET ADDRESS PHONE #&VJF e177 Z,E.Avs' L L A-40,44W KIA41 4061,0KA173 VA,(Z,ESJ /vow) A'/VD N/0!/ L D LI A�5 Ta 647 69110;v D AI 1'7yC- 1h5A$211W& 1410 f}ZL. Sv AS5E V vAvT MA 441v4J OA/ TWIJ -n.4r - PETITION WE THE UNDERSIGNED, ADAMANTLY OPPOSE THE ISSUANCE OF A BUILDING, PERMIT FOR THE PURPOSE OF ALLOWING CONSTRUCTION ON TRACT A, MARINE !'MILLS WEST, SINCE THIS TRACT IS SUBSTANDARD IN SIZE, AND IF BUILT UPON WOULD PRESENT TRAFFIC PROBLEMS, WOULD DEVALUE SURROUNDING PROPERTiES, AND IS INCONSISTENT WITH THE VISION OF THE CITY OF FEDERAL WAY IN PROMOTING NEIGHBORHOOD UNITY, COMMUNITY SPIRIT, AND CITY PRIDE. NAME STREET ADDRESS PHONE ' ? 7 L ' 9 -13 <. n bnq 4 P a1 ///2 S. o`�`i' c'-07 f,5 = ;a.2,--24 537-ado ti L.E''-2 k]� ` t V L // •/ 7 f(/ --zZBz d en., T/IF40w i2At AI J S�,O,�vTJ�vv�=ss Ne FI L, q.-,� -a&s _Al, <- PETITION WE THE UNDERSIGNED, ADAMANTLY OPPOSE THE ISSUANCE OF A BUILDING PERMIT FOR THE PURPOSE OF ALLOWING CONSTRWCTION ON TRACT A, MARINE HILLS WEST, SINCE THIS TRACT IS SUBSTANDARD IN SIZE, AND IF BUILT UPON WOULD PRESENT TRAFFIC PROBLEMS, WOULD DEVALUE SURROUNDING PROPERTIES, AND IS INCONSISTENT WITH THE VISION OF THE CITY OF FEDERAL WAY IN PROMOTING NEIGHBORHOOD UNITY, COMMUNITY SPIRIT, AND CITY PRIDE. NAME STREET ADDRESS PHONE Dn, a99od- a 0-at g.0j. -emu�3nc�,�.�_s�...._ r�,J ?1i• 3�2e/6 �� Ln- � �J� �5'a - 9s� .. rnue Saar F ��a43 �3YY 1we r clnzAili Ag c'c- IWAd^ hIsi slate rr,�rr rvo y wOu1,0 Lreg-* 7V 0060AeAl $A/ /W #flw.&lw6 4-c-,+--- MALLtivw ON rhv- " PETIT ON WE THE UNDERSIGNED, ADAMANTLY OPPOSE THE ISSUANCE OF A BUILDING PERMIT FOR THE PURPOSE OF ALLOWING CONSTRUCTION ON TRACT A, MARINE HILLS WEST, SINCE THIS TRACT IS SUBSTANDARD IN SIZE, AND IF BUILT UPON WOULD PRESENT TRAFFIC PROBLEMS, WOULD DEVALUE SURROUNDING PROPERTIES, AND IS INCONSISTENT WITH THE VISION OF THE CITY OF FEDERAL WAY IN PROMOTING NEIGHBORHOOD UNITY, COMMUNITY SPIRIT, AND CITY PRIDE. NAME STREET ADDRESS 27 f 1,14k) Ni 6-1 136ra Sc) #huh a/f-v ] e-k Ldv-kA,- aa�3 Aim "4021 �UU =� �1 R,s ZZS 5VL) 33 �-f- PHONE G'961 s4A7LI � $3b�r•:Lfb`7q IJ- -� LP i. FW rX5 1001rr C/%/2Av-e 4;2,e!7 A-I.L .00A4AaAoM GVX-tp Norll,0' RWD WO V&O [4 Xe- RV &Z CPR/AO ON flrt--- ALC AAiNG Cx ry,i�v.�2f O/—c� seu u /bvD P/v A-t c, S'v-osU2v svvr /I'I A LL< OA/ P�,es I/t 1�.o!N 6 #lj5ve-4t /T Irl -A( 42- - 416.4;-z PETITION WE THE UNDERSIGNED, ADAMANTLY OPPOSE THE ISSUANCE OF A BUILDING PERMIT FOR THE PURPOSE OF ALLOWING CONSTRUCTION ON TRACT A, MARINE HILLS WEST, SINCE THIS TRACT IS SUBSTANDARD IN SIZE, AND IF BUILT UPON WOULD PRESENT TRAFFIC PROBLEMS, WOULD DEVALUE SURROUNDING PROPERTIES, AND IS INCONSISTENT WITH THE VISION OF THE CITY OF FEDERAL WAY IN PROMOTING NEIGHBORHOOD UNITY, COMMUNITY SPIRIT, AND CITY PRIDE. NAME STREET ADDRESS PHONE ►1 -13:-3 y �G -" a,c,..�_ • •_. s a c +• 3 y 8 y - 3 7 �' �1. s c�t..a zz) Gt l x°� 6o- %38 Go -716- s� t4 - Zoi (c---Keo 6LI4 `zli -347f M,057 / io vE Gin s AL-C- l*V77 fCin 4-1 I:J ava ) /4'11/D W oio, 4.0 J—/ A44-9: 7Z) 60 GDP/A!;0 Dov 17,4 ' IAf P/u.✓d. AZf- Ji W4_( 01r' A ,o A-zL, S//B94,40-IA17— 42A c 4-1^v6.S 4viv /W/I M,*+�r Z. A PETITION WE THE UNDERSIGNED, ADAMANTLY OPPOSE THE ISSUANCE OF A BUILDING PERMIT FOR THE PURPOSE OF ALLOWING CONSTRUCTION ON TRACT A, MARINE HILLS WEST, SINCE THIS TRACT IS SUBSTANDARD IN SIZE, AND IF BUILT UPON WOULD PRESENT TRAFFIC PROBLEMS, WOULD DEVALUE SURROUNDING PROPERTIES, AND IS INCONSISTENT WITH THE VISION OF THE CITY OF FEDERAL WAY IN PROMOTING NEIGHBORHOOD UNITY, COMMUNITY SPIRIT, AND CITY PRIDE. y NAME STREET ADDRESS PHONE t i 5G 1�decr 5y3 q r!� ado Blvd NE C127- 50 y0 Terrence Di l lm 5q3 H Fiada Blvcl N6 (2 T 50 ` O L & I -ram Z-\ re, e- 5yo3-gl3ld 51 1110 ¢iD-/U. 5a �15)u a r} / i}AD tN9 4-0 N I7J ie4 C014I0V OA/ Tiff-' /1j,9rAoa,.ev6 4--,rA9of 6W,O A-t-L- .t r 4 st Q Of Av `' Ai A i L. i ^vet oN 77> y M-09-7rjsK . N o/X&) 4-00'coo S�o� AA n Cl.rGI V f='IJ CO?:1?MNi [TY DEVELQPMF i MAY 16 1994 PET TION WE THE UNDERSIGNED, ADAMANTLY OPPOSE THE ISSUANCE OF A BUILDING PERMIT FOR. THE PURPOSE OF ALLOWING CONSTRUCTION ON TRACT Al MARINE HILLS WEST, SINCE THIS TRACT IS SUBSTANDARD IN SIZE, AND IF BUILT UPON WOULD PRESENT TRAFFIC PROBLEMS, WOULD DEVALUE SURROUNDING PROPERTIES, AND IS INCONSISTENT WITH THE VISION OF THE CITY OF FEDERAL WAY IN PROMOTING NEIGHBORHOOD UNITY, COMMUNITY SPIRIT, AND CITY PRIDE. STREET ADDRESS PHONE 2li0239-1-- PAS 0 7/ I 94 7 ss 71�-- '7e 8 Lam_ e2lo 0 zap � ��f . W13 Aram AO U L.0 Z-1AE 7V CvPfA5;o sn/ T7ir— 1ZX*PV A0v,GW ,O1.F cl s J'o.v 't,0V0 V ✓ 4-44-- �v�S'EQv�vc I"AIZ-,eAvGf oN .7WI5 A7A7-7� PETITION WE THE UNDERSIGNED, ADAMANTLY OPPOSE THE ISSUANCE OF A BUILDING PERMIT FOR THE PURPOSE OF ALLOWING CONSTRUCTION ON TRACT A, MARINE HILLS WEST, SINCE THIS TRACT IS SUBSTANDARD IN SIZE, AND IF BUILT UPON WOULD PRESENT TRAFFIC PROBLEMS, WORLD DEVALUE SURROUNDING PROPERTIES, AND IS INCONSISTENT WITH THE VISION OF THE CITY OF FEDERAL WAY IN PROMOTING NEIGHBORHOOD UNITY, COMMUNITY SPIRIT, AND CITY PRIDE. N E STREET ADDRESS 17 /il•.A _I • . /l, I zq qE& LKU 3151C-F GO� PHONE 4SOr l f +Af-44Scm-ov .1*140 A-s� ocu'71A40 44/41 Lief DNJ7t�S /h /p-r77�I� =1 PETITION 92- D6S-2_ O.O ,lvl%'iUNi 7l Y DEVELOPNIEP. MAY 16 199, WE THE UNDERSIGNED, ADAMANTLY OPPOSE THE ISSUANCE OF A BUILDING PEWIT FOR THE PURPOSE OF ALLOYING CONSTRUCTION ON TRACT A, MARINE HILLS WEST, SINCE THIS TRACT IS SUBSTANDARD IN SIZE, AND IF BUILT UPON WOULD PRESENT TRAFFIC PROBLEMS, WOULD DEVALUE SURROUNDING PROPERTIES, AND IS INCONSISTENT WIT14 THE VISION OF THE CITY OF FEDERAL WAY IN PROMOTING NEIGHBORHOOD UNITY, COMMUNITY SPIRIT, AND CITY PRIDE. NAME ' 2 STREET ADDRESS PHONE ol ►�►� S�+V "�l�l �3�'s - loll 3 sr- ? �c;� 7 � �:so� G✓� �� - 3 L y 1rL w L c r l Y'LC [i A c l'yo �o AF A& vF C! T/ oorN! L• sic. I'1'�j .� �—NT.J �i �I/L•i-Sf �t/ pTI�� AW-0 $V V V �D 4_/A40— 7% ' 8a Co //AW ON 77t47 hff�aA✓G C,A-4i I.&O/LS 100C/ S"o 4' JqY i *ZoC-, SO* f Mh c LiIvGJ' OA/ "If /Ya m J� C 92 06 S Z_ PETIT ON WE THE UNDERSIGNED. ADAMANTLY OPPOSE THE ISSUANCE OF A BUILDING PERMIT FOR THE PURPOSE OF ALLOVANG CONSTRUCTION ON TRACT A, MARINE HILLS WEST, SINCE THIS TRACT IS SUBSTANDARD IN SIZE, AND IF BUILT UPON WOULD PRESENT TRAFFIC PROBLEMS, WOULD DEVALUE SURROUNDING PROPERTIES, AND IS INCONSISTENT "TH THE VISION OF THE CITY OF FEDERAL WAY IN PROMOTING NEIGHBORHOOD UNITY, COMMUNITY SPIRIT, AND CITY PRIDE. NAME STREET ADDRESS PHONE �1 fJ�3o �� N� a� r► F. lr+� j w1517 ra 79FvZ eal(Ff 9 f 4-� -$ r/f357�-a vEflT A?A e'c-I•6S el A" PHONE jo?() PETITION WE THE UNDERSIGNED, ADAMANTLY OPPOSE THE ISSUANCE OF A BUILDING PERMIT FOR THE PURPOSE OF ALLOWING CONSTRUCTION ON TRACT A, MARINE HILLS WEST, SINCE THIS TRACT IS SUBSTANDARD IN SIZE, AND IF BUILT UPON WOULD PRESENT TRAFFIC PROBLEMS, WOULD DEVALUE SURROUNDING PROPERTIES, AND IS INCONSISTENT WITH THE VISION OF THE CITY OF FEDERAL WAY IN PROMOTING NEIGHBORHOOD UNITY, COMMUNITY SPIRIT, AND CITY PRIDE. STREET ADDRESS q-z 3 c 1 . ?- ti .- U" a, r> Ita tri, Itc- 41 Fi L-F -d qa- (, ss A4 PETITION WE THE UNDERSIGNED, ADAMANTLY OPPOSE THE ISSUANCE OF A BUILDING PERMIT FOR THE PURPOSE OF ALLOWING CONSTRUCTION ON TRACT A, MARINE HILLS WEST, SINCE THIS TRACT IS SUBSTANDARD IN SIZE, AND IF BUILT UPON WOULD PRESENT TRAFFIC PROBLEMS, WOULD DEVALUE SURROUNDING PROPERTIES, AND IS INCONSISTENT WITH THE VISION OF THE CITY OF FEDERAL WAY IN PROMOTING NEIGHBORHOOD UNITY, COMMUNITY SPIRIT, AND CITY PRIDE. NAME STREET ADDRESS PHONE g-- r.cv 9�(6- s 151 )-oc' PETiT ON WE THE UNDERSIGNED, ADAMANTLY OPPOSE THE ISSUANCE OF A BUILDING PERMIT FOR THE PURPOSE OF ALLOVANG CONSTRUCTION ON TRACT Al MARINE HILLS WEST, SINCE THIS TRACT IS SUBSTANDARD IN SIZE, AND IF BUILT UPON WOULD PRESENT TRAFFIC PROBLEMS, WOULD DEVALUE SURROUNDING PROPERTIES, AND IS INCONSISTENT WITH THE VflWN OF THE - 0FFEDERAL WAY IN PROMOTING NEIGHBORHOOD UNITY, COMMUNITY SPIRIT, AND CITY PRIDE. NAME STREET ADDRESS PHONE J PETITION WE THE UNDERSIGNED, ADAMANTLY OPPOSE THE ISSUANCE OF A BUILDING PERMIT FOR THE PURPOSE OF ALLOWING CONSTRUCTION ON TRACT A, MARINE HILLS WEST, SINCE THIS TRACT IS SUBSTANDARD IN SIZE, AND IF BUILT UPON WOULD PRESENT TRAFFIC PROBLEMS, WOULD DEVALUE SURROUNDING PROPERTIES, AND IS INCONSISTENT iNITH THE VISION OF THE CITY OF FEDERAL WAY IN PROMOTING NEIGHBORHOOD UNITY, COMMUNITY SPIRIT, AND CITY PRIDE. NAME STREET ADDRESS PHONE A I liid-u v ICJ I 571> �..Tvl��i■�r�l��i!1��•�[ri1�2=I�FLi ' �iiG�T1%1�►�► PETITION WE THE UNDERSIGNED, ADAMANTLY OPPOSE THE ISSUANCE OF A BUILDING PERMIT FOR THE PURPOSE OF ALLOWING CONSTRUCTION ON TRACT A. MARINE HILLS WEST, SINCE THIS TRACT IS SUBSTANDARD IN SIZE, AND IF BUILT UPON WOULD PRESENT TRAFFIC PROBLEMS, WOULD DEVALUE SURROUNDING PROPERTIES, AND IS INCONSISTENT WITH THE VISION OF THE CITY OF FEDERAL WAY IN PROMOTING NEIGHBORHOOD UNITY, COMMUNITY SPIRIT, AND CITY PRIDE. NAME STREET ADDRESS PHONE 3�-7- ud 7/42 f, L�LO, K '�� c� a --17 XZ, f 5 2W�'; —5�/ 17 L& LUL iz 7Z 2-- '4 Pf cre S u 1-4 9 3�!L Jkb AfaAl,v-t H�I-s it)c"-q �4l [7 S _ 1 • i _ 4 .l rl _ 2 e, r-' " ik AJT n C-- A R- TH n 1 P Cl 1 CITY OF �-- .r......:�- ■....��.� fqr5oolr 33630 15T WAY SOUTH Johnathan Rand 424 S. 289th Street Federal Way, Wa. 98003 Dear Mr. Rand! (206) 6614M FEDERAL WAY, WA 98003-6210 May 13, 1994 Your request for a continuance received this date is denied. 4 I vy� 5lnWy Tel ence F.—Wc-7afthy D puty Hearing xaminer q� YY-/ a� s� Q TEL ?du . 206 441 13 , 94 12 : 55 P.02 May 13, 1994 Terry M,Carthy, Hearing Examiner c/o Chris Green, Deputy City Clark City of Federal Allay 33501 First Vichy South Federal Way, WA 98003 Daar Mr. McCarthy: l respectfully request a Continuanca for the Hoaring sohoduled for my appeal of the i norstad building parmittnat you were to Conduct on fti►lsy 17, 1994, on the following grounds' 1) Federal Way City Code Section 150.35 (Staff Report) requires that the C.antents of the Staff Deport be mailed to you; to the Applicant, to the Appellant and to staff nt least seven days prior to the Hearing date. It must include the following Information: A) All pertinent application materials. B) All comments regarding the matter received by the Planning Dept. prior to distribution of the Staff Report, C) An analysis of the application under the relevant provisions of this code and the comprehensive plan, D) A statement of facts found by the planning official and the conclusions drawn from those facts. The Staff Report mailed on Tuesday, May 7, 1994, failed these requirements In two respects, First, paragraph B: At noon on that day, several hours prior to the mailing of the Staff Report, Senior City Plan."r Greg Fewins informed me that he'd received 11 letters, dnd that they were in the file. These tatters were purposely left out of the Staff Report mailing. Thore is no justifiable reason for that, and it violates the letter and spirit of that portion of the coda. While thane letters, I am told, will be presented to you at the hearing, I am not satisfied that there was reason to intentionally not include these letters In this Staff Report mailing. This reason alone is cause to request a continuance of this case. Sc ond, Paragraph C: Requires that the Staff Roport contain " An analysis of the spplication under the relevant provisions of this rode and the comprehensive plan" TEL No. 206 441 1116 May 13,94 12:56 P.03 In an attempt to unnecessarity divert your attention from the true provisions of the code that apply to this dispute, the Staff Report makes reference to "Adoption of a revised zoning ordinance on May 20, 1993, resulting in modifications of maximum lot coverage within RS zones", Having stated in the third paragraph of "Section I. Summary of Appeal" that, "the appeal was filed on October 20, 1992, and is vested to the city's rules and procedures at the time of application" 1 submit to you that bringing this modification in the code into this Staff Report is a circuitous attempt to mislead the Hearing Examiner and should necessarily be extracted from the Staff Report, The Staff Report should have to, in fact, be reconfigured and re -Issued within seven days of the ccritinued hearing date I am requesting. 2}Finally, expert testimony being arranged by this appellant may not be prepared by May 17th, Because I have a business travel committment that requires me to be in New York and Tennessee between May 19th and May 27th, I hope that a rescheduled Hearing could be arrangod after those dates, rt an Rand 4 5, 289th Street Federal Way, WA 98003 (206) 946-5856 0 TEL No 206 441 1116 Ma_�i, 13,94 12:55 F.02 May 13, 1994 Terry McCarthy, Hearing Examiner c!a Chris Green, Deputy City Clerk City of Federal Way 33501 First Way South Federal Way, WA 98003 Dear Mr. McCarthy: I respectfully request a Continuance for the Hearing scheduled for my appeal of the Thorstad building permit that you were to conduct on May 17, 1994, on the following grounds-. 1 ) Federal Way City Code Section i Sa.35 (Staff Report) requires that the contents of the Staff Report be mailed to you; to the Applicant, to the Appellant and to staff at least seven days prior to the Hearing Date. It must include the following Information. A) All pertinent application materials. B) All comments regarding the matter received by the Planning Dept. prior to distribution of the Staff Report. C) An analysis of the application under the relevant provisions of this code and the comprehensive plan. D) A statement of facts found by the planning official and the conclusions drawn from those facts. The Staff Report mailed on Tuesday, May 7, 1994, failed these requirements In two respects. First, paragraph E: At noon on that day, several hours prior to the mailing of the Staff Report, Sanlor City Planner Greg Fewin3 informad me mat he'd receIvad i 1 letters, and that they were in the file. These ietlers were purposely left out of the Staff Report mailing. There is no justiflablo reason for that, and it violates the letter and spirit of that portion of the code. While these letters, I am told, will be presented to you at the hearing, I am not satisfied that there was reason to intentionally not Include these letters in this Staff Report mailing. This reason alone is cause to request a continuance of this case. Second, Paragraph C: Requires that the Staff Report contain " An analysis of the application under the relevant provis.lons of this Code and the comprehensive plan" TEL No. 206 441 1116 Mau 13,94 12:56 P.03 In an attempt to unnecessarily divert your attention from the true provisions of the code that apply to this dispute, the Staff Report makes reference to "Adoption of a revised zoning ordinance on May 20, 1993, resulting in modifications of maximum lot coverage within RS zones", Having stated in the third paragraph of "Section I, Summary of Appeal" that, "the appeal was filed on October 20, 1992, and is vested to the city's rules and procedures at the time of application" I submit to you that bringing this modifli:ation in the code into this Staff Report is a circuitous attempt to mislead the Hoaring Sxaminer and should necessarily be extracted from the Staff Report. The Staff Report should have to, in fact, be reconfigured and re -issued within seven days of the continued hearing date I am requesting. 2)Finally, expert testimony being arranged by this appellant may not be prepared by May 17th, Because I have a business travel committment that requires me to be in New York and Tennessee between May 19th and May 27th, I hope that a rescheduled Hearing could be arranged after those dates, .I n an Rand 4 $. 2139th Street Federal Way, WA 95003 (205) 946-5556 TEL No. 206 441 1116 MR1j. 13,94 12 :55 P.01 MRSTV FAX KSTW TELEVISION 2033 SIXTH AVENUE, SUITFE 727 S,EATTLE, WA 98121 (205) 441.1111 FAX (208) 441.111 6 ro FAX # CI3 6gcc� roam _ R Atj Q DATE - � � is ±4 P Owj _ 1 c AA �g t via u ^J Ax %n 0 k-IAJ r 40C. d . w 14 Total number of a being sent including this page) 3— p g es g If you receive less than a tat i nu er ogee, please call back as soon as pnssible. Sent by i� COMMUNITY DEVELOPMENTg�MNTN,_; ; MAY 13 1994 -- -� --r-i.,b.r� f 1 � - �... ►.CA IL �1�' r�- t ..p�. V)- bw )h 3 - 4 t. 50v 2B� 'a*'� RECEIVED BY comMUNITY DEVELOPMENT DEPARW' MAY 13 1994 May 11, 1994 Greg Fewins, Senior Planner City of Federal Way 33530 First Way South Re: Tract A, Marine Hills West Addition 406 South 289th St., Federal Way 98003 Owner: David Thorsatd and Terel Keifer Building Permit Application #92-652 NR I just received a copy of the Summary of Appeal from Carolyn Lake, Attorney for the City of Federal Way. I was not only apalled by some of her allegations but totally disgusted with the actions of the city. Several of Ms. Lake's comments are unbelievable and obviously are of not concern for our community. Our family is still trying to figure out if we have a fire and the fire department misses our house, (which the police department has done on occasion) and has to go and make a turn around the island piece of property and back up the street, where will our house be by then. Burnt to the ground no less. If someone down the street from us is having a party and people are parked along side of the curb a large vehicle such as a fire truck cannot make the bend on the northwest comer of Mr. Thorstad's property. Who is going to take care of any of us in the event of a fire if this occurs? Is the City responsible? I doubt it. The fact that the City has told Mr. Thorstad that he has to put in gravel curbs is a joke. I have seen several large trucks stuck trying to turn around at the island. What will the city do about that problem? Please consider all these options and please make a drive out to the lot and check out the problems that we are all concerned about. Sincerely, Qda"�, QJJU-6-� Deborah Tibbot 433 South 289th St. Federal Way, WA 98003 VED [3Y OLAAMUNIt (QEYt-,LQPWNT QEPAMTN',-. MAY 13 1994 4P F-t=Ar- r-r-i IN On i I ■ p1w mv-��MEv a NE bon ef h o I I n n Ji- ±Q hcaVef f-LAn hhe-na. /)Cwo Wj'--�h o nouse dw ot, vve- ccan'�F CIO On-u-t- fla, ere, If - FO Ckk hC �iAStjCI-CAri'lA j n In s- to r p- Qhbc>r-- ond a ne-vi house, Ci to I I be, rno v i n QkA ep A --he a CA U dw -nCkArji na nut-_ we cec) Ce.+fAxil t I W I CY 0 (A 'j j P'k (D-F 4-he c-if-III, CAn C, v ez '�heAA WP-rO 4 n n -F fj 42 (.t A CA VP- OC2 ke-C) a + +h P � x&i Q Qu [d tocD ■Lc:dL- If ca h c u 3 e LA in 5 +ber-e'_`j if vv I' In leve-57 r�-A b0i Lx-s I vr-s- loop e LA Q t -1 . + h -&- r- I V C.A C- n, (-A 14 4o I s,>,jn4- -na)"Ll e>r f-cv vme e'D MAY 11, 1994 To: Greg Fewins ~- City of Federal Way 22530 First Way So. Federal Way, WA. 98003 Subject: Building Permit Number 92-652 NR Tract A, Marine Hills West Addition 406 S. 289th. Street Federal Way, WA. 98003 As a life long resident of the Federal Way area and over 25 years in Marine Hills I have some concerns with the subject building peNmit applicatiop. Over the years I've seen the negitive impacts to our community as a result of King Counties poor administrative planning, by allowing uncontrolled growth, and catering to the special interests of developers. By voting to become a city, the citizens of Federal Way were sending a strong message enough was enough, and it Vgg and time for accountable local control. This is a golden opportunity for the city of Federal Way to demonstrate that it has what it takes to make the tough and correct decision to benefit the voting community over an individual special interest. I offer the following points for your consideration: 1. I consider a house located within the center of a cul-de-sac to be a NON CONFORMING structure, and as such, should be required to file a variance request for each non conformance. Through my past professional involvement with King Co. and local real estate, I toured many new developments, as well as old established neighborhoods, but CANNOT remember a single instance of a house being located within a cul-de-sac. Typically cul-de-sac's are used for open space, a mini parks, parking, or plantings. The best utilization of a median br cul-de-sac, can be seen in West Campus at "The Ridge", where a combination of parking and plantings were effectively used to enhance the area. This was the result of a MASTER PLANNED COMMUNITY by Weyerhauser and should be considered as a model to be emulated. 2. With a circular shaped tract of land, what constitutes the front, back, or sides? Does the plot plan submitted with the application declare front, back, and sides? Does the Federal Way building dept. agree? Is there case law or precedence to support this position? Q .o, cooid t1, facL thc� TpaAt 'eLb zi� or, Apically the largest (20 or S0 fu'L), for utilit, `'.-`m�nts o� �n `.�, e and safetv. Since this Lrac`� of la/r' �s �urr�/'nde� by publ`'� ,/� where %��e�� d _ __ � y an municip.�1 li�!�iliL; are r�..l i`'u.�.^ atP�� /:,� . - be taken to ensure minimum public risk and liability are considered. Therefore, application of the greater, front or maximum setbacks, to all sides of this tract which abutt a road, should be manditory. 3. The road width surrounding this tract is less than the standard 28 feet. The narrow road combined with parked cars, steep grade, lack of sidewalks, and potential obstruction of visibility cause by a non conforming structure raises safety concerns. Since Tracts A was never anticipated to be building fots when Marine Hills West Addition was platted, I trust the city will take this opportunity to require upgrades to minimum code, prior to any permit approval, to rectify substandard road width and ensure public safety are addressed. 4. Finally, has enough consideration been given to the impact and continuity to the surrounding environment. Tract A appears to be less than the RS_q600 zoning of the surrounding Marine Hills West Addition, which is less than the average Marine Hills lot. Allowing a substandard size lot to build a large nonconforming structure is inconsistant and degrading to the entire neighborhood. Have you adequately addressed percentage of lot coverage and the impact of consentraLed water runoff. This upscale neighborhood was established with covenants to limit heights and ensure view protection. Since Tract A was not considered buildable, when Marine Hills West Addition was platted, it was not factored into the view calculations. Therefore, neighbors effected by this permit approval, and subsequent building of a non conforming structure, should be awarded compensation for any negitive property value impact, and reduced TAX VALUATION. Please consider the aforementioned concerns and DENY the permit application. Robin Wilson 1111 S. 287th. St. Federal Way, WA. 980( May 5, 1994 Gregg Fewins, Senior Planner City of Federal Way 33530 1st Way S. Federal Way, WA 98003 Dear Sir: RECEIVED BY G'Jl-JMUNITY DEVELOPMENT DEPARTK MAY 12 1994 I am writing in regards to building permit application #92-652NR involving Tract A, Marine Hills West Edition, 406 S. 289th Street, Federal Way, WA 98003. It's my understanding that the Marine Hills Covenants are being disregarded and allowing sale of this property with intent to build. It's also my understanding that Marine Hills architectural control committee has already denied permission to build on this tract or any portion of it. As a member of Twin Lakes Homeowners Association, with similar covenants, I'm quite disturbed to learn that such covenants are invalid, and essentially may as well not exist. The communities here in Federal Way that are attractive are the ones in which there is open space, lack of fences, and a sense of openness. These are in the more attractive communities, one of the purposes of having covenants. Over -building in any area certainly takes away from the natural beauty our city offers. This is easily seen if you would compare West Campus developments compared to some of the newest communities. As a physician, I have concerns as to the safety of building on such a tract. Specifically, flow of traffic and emergency vehicles would be even further impaired in an area that is already suboptimal. I applaud the efforts of the individuals living in the neighborhood dealing with this issue, and I hope that if a similar issue were to arise in the Twin Lakes area, we could resist irrational use of land as well. Sincerely, Michael Wukelic, M.D. MW:tdw 33501 First Way South Federal Way, Washington 98003 (206) 838-2400 (206) 927-5700 29219 7th Place South 839-3094 May 9, 1994 Mr Greg Fewins, Senior Planner City of Federal Way 33530 First Way South Federal Way, Wa 98003 Dear Mr Fewin& RECEIVED BY C01MMUNIIY DEVELOPMENT DEPARTti,]" MAY1Z1994 The purpose of this letter is to protest the issuance of a building permit to David Thorstad and Terel Kiefer to construct a residence on Tract A, Marine Hills West Addition here in Marine Hills. This piece of land was never intended for residential construction as evidenced by the fact that site was never assigned a Lot number on any Platting, had been in use for years as a water storage site and had been owned by at least two Water Districts. All other residential properties in Marine Hills are covered by restrictive covenants which assure that the rights of view preservation are adhered to and that the view of any homeowner would not be degraded by nonconforming construction at a later date. It should be quite obvious that the existing view of several adjoining properties will be severely restricted by any construction on this particular site. We strongly recommend that you not allow construction to proceed as proposed under this permit application. Sincerely yours, Tarn Hicks Marine Hills Homeowner p L IRENE and RICHARD C. COOK 28829 Sixth Ave. South Federal way, WA 98003 RECEIVED BY MAY 12 lle� i � 6 • � �� , � - / ram' .�G7 May 3, 1994u�ICC`� pEV�C�OP Mr. Greg Fewins Senior Environmental Planner 33530 1st Way South Federal Way, WA 98003 Dear Mr. Fewins: It has come to my attention that a local developer has applied and been granted a building permit for a small piece of property in our neighborhood. I cannot believe that the city would overlook several critical issues in permitting a structure to be built on this parcel of land. First, it is my understanding that zoning in the Marine Hills development is RS 9600. The property in dispute is roughly 8000 square feet, much smaller than neighboring parcels. Second, and possibly more important, is the safety factor. The roads are much narrower around the north end of the cul-de-sac. Already, there is congestion with four existing driveways emptying very close to each other. With the addition of a house on the island, parking and negotiating the turns at the northwest corner will become even more hazardous. Homes on the north side might not even be accessible to emergency vehicles. This developer wants to build a large home on an island surrounded completely by existing homes. When we all bought our homes 10-15 years ago, we were assured that the tract was an unbuildable piece of land. It is clearly labeled a Tract on the plat maps. The original developer, Herb Mull has testified that it was never intended to be developed. Anyone looking at the parcel can see that this site is not suited for a house; it's on an island! Open space is so precious in Federal Way. I voted for cityhood hoping that issues like this would be handled in a more favorable way than perhaps King County might have decided. Residents of this city are so far, no better off with local jurisdiction. Federal Way has become as overbuilt as any of the Eastside suburbs. I'd also like to mention that last year, we tried to get approval from the city to build a small deck on the back of our house. A permit was denied. This deck would not have obstructed anyone's view or for that matter, even been noticed by outsiders because of a greenbelt. Yet, the city said it had to enforce the code to the letter and so we do not have a deck. Mr. Thorstad somehow has managed to get what he wants with the ci,ty's support to the detriment of a whole neighborhood. What is really going on? How is it that waivers, variances or oversights by the city are allowed on a 4500 square foot house and our backyard deck is denied? I feel that this neighborhood deserves some answers and hope that you'll finally respond. Please take careful consideration of what this neighborhood will lose in granting this building permit. Mr. Thorstad purchased this substandard piece of property knowing its deficiencies. It just doesn't make sense that one person gains at the expense of many. Please revoke the permit and let us have our peaceful neighborhood back. Slic relyMar Mizumoto 417 S. 289th Federal Way, WA 98003 .j S ell �33,3D /sT z,,Ja C.i��/ U�.6�C2KB�nQI 6� ./2.� 1 G✓wK:.e„�/ Z� &4j p. 2 1 �$Il! �iT417i Examining the issues further, you'll find the following wording in the code in which it appears the Planning Department has failed to adhere to: Paragraph 2 of Section 115.80 of the Federal Way Zoning code states. 'Subject to all other requirements of the code, an applicant may build one detached dwelling unit on a lot or parcel regardless of the size of a lot or parcel if the lot lines defining the lot or parcel were recorded in the King County Assessor's Office prior to February 28thJ990, and the lot or parcel has not simultaneously been owned by the owner of a contiguous lot or parcel subsequent to that date." In a letter that (then) City Associate Planner Cory Smith wrote to Bertram Ross of the Federal Way Water & Sewer District dated April 24, 1991, Ms. Smith writes: 'The adjacent street may not meet minimum requirements and would v in conjunction with a building permit." The adjacent street clearly does not meet minimum requirements. It is 22' wide. Minimum requirements are that this street be 30 feet wide, which is called for on the plat map -of Marine Hills West Addition. This letter from Cory Smith has been continually cited by the city in making it's case that this issue has been properly addressed. The letter does not state that the street MAY have to be improved. The let- ter says that the street "would haveimproved." Employees in the City Planning Department have made the comment that "they didn't feel it would be fair to ask Mr. Thorstad to bear the cost of im- proving the street", so they overlooked this. The Code clearly says 'Subject to Ill other requirements of the code... Based on this fact alone, the building permit issued to David Thorstad should be withdrawn and reviewed. P. 3 In section 20.10 of the Federal Way Zoning Code, impervious surface on residential parcel is limited to no more than 50% of the square footage of the parcel. City right-of-way must be subtracted from the parcel's square foot- age. The size of Tract A is, at best, 8004 square feet. On the face of the plans submitted to the City Planning Department, the architect has indicated that the lot is under 7600 square feet The street surrounding three sides of this property is only 22 feet wide. Because the plat plan for Marine Hills West Addition calls for this street to be 30 feet wide, additional "right of way" for this disparity from the current street width must be subtracted from the perimeter of Tract A on the sides immediately adjacent to the street. This subtracts 816 feet from the Tract's square footage, bringing its total size down to 7188 square feet OR LESS. Therefore, the total amount of impervi- ous surface would be limited to 3594 square feet QR LESS Mr. Thorstad's plans provide for 3775 square feet of impervious surface. Subject to the satisfaction of other shortcomings of issues relating to the approval of this building permit, Mr. Thorstad's plans need to be revised to reduce the amount of impervious surfaces by a very minimum of 179 square feet. It may be need to be reduced substantially more, depending on which square footage is to be referenced. There are already severe hillside instability conditions less than 100 feet from the subject property. This issue is of grave concern to the homeowners of those properties. This building permit should be withdrawn and reviewed on this issue, as well as the issue described earlier. On March 12, 1992, Federal Way Director of Public Works, Philip Keightly p. 4 wrote a letter to Bert Ross, of the Federal Way Water & Sewer District, in which he states: 'The inside north corner of the cul-de-sac roadway has an inside face radium of only 10 feet. To improve traffic safety and circulation, especially for trucks, this radius needs to be widened to 30 feet." The building permit for Tract A was issued, and this requirement was not satisfied. This corner is extremely treacherous to negotiate in any kind of weather -- even in a passenger size car or light truck. In fact, a Fire Department vehicle can probably not negotiate this corner at all. What's more, that very corner is already fed by the driveways of four resi- dences, making it an even more unsafe. And, the driveway of the residence that would be built if the owner of Tract A is permitted to build would add a fifth driveway to the already hazardous condition. Based on the fact that the City Public Works Director, for some unknown reason, approved his portion of the building permit requirements, this, too, is cause for the permit to be withdrawn from the owner of Tract A until this requirement is met. The City should also be advised that some erroneous elevation figures may have been used on the building plans submitted to the Planning Department. The elevation figures used on the building plans seem to indicate that the "lowest point" reference on the plans may be in error by between two and seven feet. Apparently, the city does nothing to verify the elevation figures stated on the plans. This should be reviewed and verified by the City Planning Department. Greg Fewins Federal Way Planning Dept 33530 let Way Sm Federal Way, Wa. 98003 Dear Mr. Fewins, May 6, FV Bboo It was with absolute disbelief when we heard awhile back that the city of Federal Way had granted a building permit to a Mr. Thorstad to build a home on a small island in Marine Hills. Why anyone would want to build a large home on an island of property surrounded by existing homes was beyond us. Then we were even more amazed to learn that it was only two-thirds of the island in question that Mr. Thorstad owns! A dog house would look incongruous on this postage -stamp sized piece of dirt let alone the >4,000 sq. ft. home Mr. Thorstad has planned. But most appalling of all was that our esteemed city officials not only granted this individual a building permit but had to grant wavers and variences in order to do so. And without even a whisper of public notice to let the good citizens of Marine Hills (and ultimately of Federal Way) know how they were being ripped offl It doesn't take a rocket scientist to figure out that this piece of property was never meant to be built onl The area in question is clearly zoned 9600 sq. ft. (even on your own zoning map for public display in your lobby) . This piece is barely 8000 sq. ft ---it doesn't even come close. Not to mention it's an island, for crying out loud. No privacy for this new house and a loss of privacy, open space, and views for many existing others. It's not difficult to visualize what a sardine -can overcrowded mess it'll be with the proposed structure on site. It was never intended to be a buildable lot --even the original developer has testified to that fact! Original intent, folks --you know, that good faith the homeowners displayed by investing in this neighborhood and this city, only to face the threat of having it trashed by one opportunist individual --and with the city's help, no less! NO WAVER! NO VARIENCES! No structure should be bunt here! At the very least, enforce the city code and assure that the appropriate street Improvements are made as are at issue in the appeal against this permit. Also, a thorough investigation needs to be conducted into the other issues the appoal mantions. Tho city has a chance of redemption in this case, please don't make the same mistake twice. Hats off to the neighborhood for fighting long and hard for what's right here, and for trying to preserve something that's good about living in the city of Federal Way. Sincerely. :366 4 1--z' 13-T A4 le So K;-G��v ,1111�1N DS��ppp�Et1Z 01 am Ftwins I Sr. Plan= fitu[�rrrt idaty PFat" r►q rtmnt 33530 ru-St Way SmAh fiediruE Wad, WA 98005 How is it aw soft= j - can rMIN dWM anuA Maw a[L the rues of buu&419 an a lot tw doesn't "Na the city cod¢ ., mid throws ota Mg wdronw mat and gives him, am3ffi tag Fre wants. `w's wflat Fran gone on, in the observatWm of rw", with a tract of [atid fi.nown as Tract A, in Marine I[id-5 st�bdi ision. Ae CtUZAUrs in that tx4iborfxod, attd in ad of Yod" d 10aij, deserve ,more titan tttsrt from. the city. I am aware of a Fanq fierce M-ttfe over this issue, euut.1 side, f uffy, with Ow peopf a m4w FuuPe battled to prowt the sanctity and saf e4t of tfict r twighbvrFrood. Woe" the vi" red4 give someone a build" permit in t4vkaWn of ft cak wi#tout at Iast admiftimq tWt smm rules are wing u-owed to glue this obstinate jerk. a baddi4m pert. Uatttie on, G-rc-g. aWe dw people of this city a bra! A pied ift .� 50 -� vt*,, 15o 7,3 29219 7th Place South 839-3094 May 9, 1994 Mr Greg Fewins, Senior Planner City of Federal Way 33530 First Way South Federal Way, Wa 98003 Dear Mr Fewins: NINDFt, 8 Y aE,RARr MAY ii The purpose of this letter is to protest the issuance of a building permit to David Thorstad and Terel Kiefer to construct a residence on Tract A, Marine Hills West Addition here in Marine Hills. This piece of land was never intended for residential construction as evidenced by the fact that site was never assigned a Lot number on any Platting, had been in use for years as a water storage site and had been owned by at least two Water Districts. All other residential properties in Marine Hills are covered by restrictive covenants which assure that the rights of view preservation are adhered to and that the view of any homeowner would not be degraded by nonconforming construction at a later date. It should be quite obvious that the existing view of several adjoining properties will be severely restricted by any construction on this particular site. We strongly recommend that you not allow construction to proceed as proposed under this permit application. Sincerely yours, William Hi Sks Marine Hills Homeowner May 8, 1994 Mr. Greg Fewins, Senior Planner City of Federal Way 33530 First Way South Federal Way, WA 98003 RE: Tract A, Marine Hills West Addition 406 South 289th Street, Federal Way 98003 Owner: David Thorstad and Terel Keifer Building permit application #92-652 NR Dear Mr. Fewins: As I sit here in my dining room looking directly at your sign posted on the above mentioned lot I am finding it very interesting that my husband desgined a house for Harold Hubner, Hubner Brothers Constrction, and applied for a building permit one year ago this month. In that year you have asked for structural design, engineered drawings of the lot and earthquake drawings, sidewalk drawings, ( and demanded sidewalks, even though there are no sidewalks on that side of the street) and many other items that have held up that building permit for one year. The only reason that I can see that you have held up that permit is because Mr. Mark Robinson lives directly behind said lot and has caused the city some hassle. guess as a resident of Marine Hills West we don't have the right person in our back pocket or we have not tried to buy the right people. With a island piece of property you havn't made Mr. Thorstad put in sidewalks or widen the already not wide enough street. As a building department you guys should be ashamed of yourselves. I wish the election to become a city was next week. I sure would not vote for it again. I am sorry that I ever did. I guess now we have to live with what we voted for. This makes me very angry. I guess the city is the loser when all 22 homes in Marine Hills West file a petition to have their homes reassessed and the property taxes brought down because our homes are now worth a lot less because of an incompetant building department. Sincerely, 'JL�J� J'�-�" Deborah Tibbot 433 South 289th St. Federal Way, WA 98003 941-3207 N rrc May 7, 1994 Mr. Greg Fewins, Senior Planner City of Federal Way 33530 First Way South Federal Way, WA 98003 Re: Tract A, Marine Hills West Addition 406 S. 289th Street, Federal Way 98003 Owner: David Thorstad and Terel Keifer Building Permit application #92-652 NR Dear Mr. Fewins: RECEiVLD U-t mmUNITY DEVELOPM'�=.NT NPAR' ; MAY 10 694 When I moved into this neighborhood seventeen years ago it was a beautiful area with building restrictions that King County abided by whenever anyone applied for a building permit. We felt that this area was a great place to have a family. Marine Hills had their own architectural committee and went through each and every house plan with great care and concern for the surrounding neighbors. King County would not even accept your building permit application until you had your approval from the Marine Hills Architectural Control Committee. It was sometimes a hassle, as my husband did some building, but in the end was always appreciated because it kept the neighborhood livable and still a nice place to live. Since we have become a City it seems the Federal Way building department could care less what each neighborhood has in the way of building restrictions. That was one of the reasons we became a City so that we as people who live here could take control of what happens in our own backyards. That is what all the City Council people campaigned for. If this house goes up according to the house plans that Mr. Thorstad has submitted it will greatly devalue the assessed value of our home. Who is going to compensate us when we can't sell our home because of this 3 story home build in the middle of the street on an island? We bought and built here because we were told that there never would be a home built on this land because it was to small to meet anyone's codes. Apparently Federal Way has no such limits on how big a lot should or should not be. Shame on you. With all the lidigation on the above mentioned lot I am quite surprised that no one from the City has yet to come out and measure the property and make sure that Mr. Thorstad's house plans meet with your restrictions. Whatever they are. Please review all the issues before issuing his permit. Sincerely, c Deborah Tibbot 0-- e2au-r4 2en"'I'-w HE:CE i V r-U b i .; ,,UNITY DEVELOPMENT DEPAF: MAY 10 1994 Mr. Greg Fewins Senior Planner . City of Federal Way 335301st Way S Federal Way, WA 98003 Dear Mr. Fewi= I am responding to the administrative appeal on building permit application 92-652 NR As a relatively new resident in the Marine HWs neighborhood,..I was. left. dumbfounded.when I found out that the island in the middle of S 289th Street was considered a buildable area: What can the city of Federal .Way be thinking? Is this. is just another example of the municipal inaptitude which Federal Way is luiown for? Our neighborhood is already crowded and served by a narrow street passable by one vehicle at a time, any additional construction -will further choke the area and force. a blight of overcrowding onto a currently nice neighborhood. I am a physician and I am frequently called .on to respond to local hospitals on an emergency basis. Access to my home -must not be blocked. I can imagine no way that,majoa new home construction on our tiny court would not obstruct our street. This is something I cannot be forced- to. tolerate. and I will immediately irriitiatc-legal action if faced with this scenario. I ask you to reconsider your support of this building permit.. You will. destroy a neighborhood that your city can currently be proud u. It isr amazing tame that with the exorbitant property taxes we pay Federal Way, that our money can then be used to finance the cultivation and approval of additional construction to devalue the quality of life within our very own - neighborhood. Unbelievable[ For mice, do the right thing for us, the residents of your city, rather.than just doing the thing that will increase your tax base. Respectfully, vtst, Michael Flaherty 400 S 289th Street O:V� w" I �j6003 — — This report left by Officer: King County Polk Victim Follow-up Report Incident Number ( y 7C`—e_' Code Mstrici Reported on Month US Day C` Year DOW Time Type of Incident Occurred on Month Day ear DOW Time Address/Location of Incident or between Month Day Year DOW Time Qaupiripss7Apartment Name Business is a victim ~ ff ❑ Yes F u � L l�C�� f C ! 1 �� 16 l � C.._ Name (Last, First, Middle) Information provWed Residence Phone Businew Phone Residence Address City State Zip L I— L-u� k`; :ti Occupatlon lie Sex DOB ►� b,�:, <<� �vt �� c Dear Citizen: An officer of the King County Police has recently investigated an offense which you were the victim. If there is any further information whatsoever concerning this case which becomes known after the officer leaves, please use this form to forward the information. Please list below any additional information which may assist us in the investigation: 1. Witnesses: Names, addresses, business and home phone numbers, any additional information which the witness can contribute to this case. 2. Suspects: Names, addresses, description (age, clothing, hair, etc.), why suspected. 3. Missing Property: (Any additional loss or descriptions). List brand, model, size, color, serial numbers, value, caliber and barrel lengths of guns, and any other identifying characteristics. Include also the date loss discovered and where item taken from (i.e. bedroom closet, kitchen cabinet, etc). 4. Recovered Property: List all items recovered since making original report, list how, where and when recovered and condition on recovery. 5. Include any other information, such as pictures, drawings, or other ideas, comments, or other information which may assist the investigation. Sighed Date B-135 4/90 From FOLD HERE FIRST FOLD HERE SECOND King County Police King County Courthouse 516 3rd Avenue Seattle, WA 98104-2312 Place Postage Stamp Here Attention: RECORDS PLEASE TAPE OR STAPLE CLOSED MAY 5, 199'f MAY 6 illy -f� GREG FEWINS, SENIOR PLANNER CITY OF FEDERAL WAY 33530 FIRST WAY SOUTH FEDERAL WAY, WA 98003 RE: TRACT A, MARINE HILLS WEST ADDITION qO6 S. 289TH STREET FEDERAL WAY, WA 98003 OWNER: DAVID THORSTAD AND TEREL KEIFER BUILDING PERMIT APPLICATION #92-652 NR DEAR MR. FEWINS; THIS IS A LETTER, TO LET YOU KNOW, I AS A CO-OWNER OF A HOME BUILDING CONSTRUCTION COMPANY VEHEMENTLY APPOSE THE ISSUANCE OF A BUILDING PERMIT TO DAVID THORSTAD FOR THE PURPOSE OF BUILDING ON qOG S. 289TH STREET, FED. WAY. FIRST OF ALL, I DO NOT KNOW HOW A BUILDING PERMIT COULD BE GIVEN FOR THIS LOT, SOLELY BECAUSE ALL ENVIORNMENTAL IMPACT RULES ARE BEING VIOLATED. MY HUSBAND AND I AS HOME OWNERS, WENT THROUGH PLAN CHECK WITH THE CITY OF FEDERAL WAY TO GET A PERMIT TO ADD A SMALL ADDITION TO OUR HOME, A CITY INSPECTOR CAME OUT TO CHECK OUR IMPERVIOUS SURFACES AND FOUND THAT WE WERE NOT ADDING ANY TO OUR HOME, SO A PERMIT WAS GRANTED. SECONDLY, WE HAVE BUILT A HOME ON 11TH IN MARINE HILLS, AND HAVE BEEN HELD UP BECAUSE OF STRICT ENUIORNMENTAL RULES, MAKING SURE WE HAVENT VIOLATED ANY THING TO THE INCH ..... I AM ANGRY THAT WE HAVE HAD TO COMPLY WITH THESE STRICT RULES AND HERE AN ARCHITECT IS GEITING AWAY WITH SO MUCH. FINALLY, AS A HOME BUILDER AND HOME OWNER IN MARINE HILLS I AM ENTITLED TO VOICE MY OPIONION OPPOSING THE ISSUANCE OF A BUILDING PERMIT TO DAVID THORSTAD TO BUILD ON qO6 S. 289TH STREET. ALL SIGNS SAY THIS IS NOT RIGHT......... SINCERELY, CHERYL E. WAGNER CASA BELLA DESIGN AND CONSTRUCTION g.3'a 5YVTu ` 1 L. f:in&40A- -i- iw►4 q8 "°3 MAY 5, 199q MAY 6 iv-'4 GREG FEWINS, SENIOR PLANNER CITY OF FEDERAL WAY 33530 FIRST WAY SOUTH FEDERAL WAY, WA 98003 RE: TRACT A, MARINE HILLS WEST ADDITION q06 S. 28STH STREET FEDERAL WAY, WA 98003 OWNER: DAVID THORSTAD AND TEREL KEIFER BUILDING PERMIT APPLICATION #92-652 NR DEAR MR. FEWINS; I AM WRITING THIS LETTER, TO LET YOU KNOW THAT I, AS A BUILDER IN THIS COMMUNITY, STRONGLY APPOSE THE ISSUING OF A BUILDING PERMIT TO DAVID THORSTAD FOR THE PURPOSE OF BUILDING ON A LOT THAT SHOULD NOT BE BUILT ON. IN THE PAST FOUR YEARS, I HAVE BUILT TWO HOMES IN MARINE HILLS AND UNDERSTAND THE BUILDERS PLIGHT. I BELEIVE EACH LOT AND PLAN SHOULD BE JUDGED INDIVIDUALLY, BUT FEEL THAT IT IS COMPLETELY UNFAIR AND UNBELEIVABLE THAT YOU WOULD ALLOW ANY BUILDER THE RIGHT TO BUILD A HOME OF THAT SIZE ON q06 S. 289TH STREET. LEAGALLY IT SHOULD NOT BE GRANTED AND MORALLY IT IS SO WRONG TO SUBJECT THE PEOPLE OF THAT CULDESAC TO ANY MORE STRESS REGARDING THIS UNFORTUNATE BUILDING PROBLEM. BECAUSE OF THE HIGH LEVEL OF EMOTIONS INVOLVED WITH SO MANY PEOPLE, I AM ALSO AFRAID THERE WILL BE PHYSICAL RECOURSE TAKEN IF THIS PERSON IS ALLOWED TO BUILD ON THAT LOT. IT WILL BE ON THE SHOULDERS OF YOU THE DECISION MAKERS IF THIS SHOULD HAPPEN. THERE MUST BE POLITICS INVOLVED, BECAUSE I KNOW THAT I AS A BUILDER, WOULD NEVER HAVE BEEN GRANTED THE RIGHT TO BUILD ON THAT LOT, NO MATTER HOW HARD OR LONG I TRIED. PLEASE BE FAIR TO THE PEOPLE OF MARINE HILLS AND TO ME A BUILDER IN THIS CITY, DO NOT ISSUE A PERMIT FOR THE BUILDING ON THIS LOT AT, qO6 S. 289T.H STREET. SINCEREL ERIC S. CONTRACTOR CASA BELLA AND OWNER DESIGN AND CONSTRUCTION 635 G00tu -2�"TL+ t0c," V,4,1"{ l.L'4g8003 D � MAY 9 04 Mr. Greg Fewins, Senior Planner City of Federal Way 33530 First Way South Federal Way, WA 98003 Dear Mr. Fewins We are writing in protest of the building permit application on the parcel of land in Marine Hills. It seems the City of Federal Way did not thoroughly do its homework in granting the developer a permit in the first place. The tract is smaller than neighboring lots and in fact does not meet the size requirements of Marine Hills West. The Marine Hills Architectural Control Committee has already denied permission to build on the Tract based on standards set for this development. Why do the rest of the residents of Marine Hills have to abide by rules and Mr. Thorstad can do what he wants? Please correct this injustice and deny Mr. Thorstad a building permit. The residents of Marine Hills are counting on you. Respectfully, cvv c' -� tt-Q M-C 01 mqr, r-r, ims AMUNITYDEVi LO ,.,�;:T0'PA T,t;r May 7, 1994 MAY 6 12A Greg Fewins City of Federal Way 33530 1st Way So. Federal Way, WA 98003 Dear Greg, It has come to my attention that the City is considering issuing a building permit for a small tract of land in Marine Hills. This is an area that we drive by often,so we became very concerned when we found out that a house may be built there. About one-third of this island is owned and maintained by the neighbors who use it as a place for their kids to play. That leaves only two-thirds of an already small "island" for this person to build on. If you have been on this piece of property, you can realize the effect that building a home here would have on this beautiful neighborhood. The neighbors tell me that the streets are too narrow around the island and that the City was not even going to uphold its code on street width. I find it hard to believe that the City could ignore the interests of so many good citizens and allow building on this little piece of land. What next? Building on the islands where you often see mail boxes? I hope that the City keeps all sides of this issue in mind while you are evaluating its permit. I for one think it's a shame that the City thinks it has to allow development of every piece of dirt within its boundaries. Sincerely, COMMUNITY DL=VELOHv,,d'd U ARTibii_iv� May #, 1994 IjAY 5 LA Greg Fewin3 City of Federal May 33530 First May South Federal May, MR 98003 Re; Appeal to Building Permit s92-652--Tract R, Marine Hills Mest Dear Mr. Few l n3; I am writing to express my displeasure with the Idea that the City would consider the issuance of a building permit for this property at 406 S, 269th, In the first place, who charged the Planning Cosmission with trying to have something built on every square inch of open space in Federal May? In fact, how did the city of Federal May let this piece of property get sold to an Individual? It's my understanding that the city had an interest In creating a small park of it. It's also my understanding that the way Marine Hills Most was laid out, lots were not supposed to be sold If they weren't big enough to match the average lot size in that neighborhood. Has the city considered that in this process? The people of Marine Hills and the rest of the city deserve better - - --- treatment than the planning commission and the City Council has afforded them. This particular situation Is unsafe and unfair. Do not allow someone to build on this, or any other lot, that compromises the safety of our streets and our city. �lncerely, 3 Z8 Ile �110 Ss�v COMMUNITY DEVELO�iVci, i i.cr:; ,`i •, MAY 6 '1,%0.4 77& zee, ::, �� .GGdGf� ,e7�LGa4-L6�--�/ -�u2 ��yU_ _ �✓ . O' E i Vc�ai; CDMMUNITYDEVELDf-iJS1i Tikc4i MAY 6 U4 Dear Mr. Fewins, For a couple of years I have been following the incident in Marine Hills involving a person wanting to build on a cul-de-sac island. At first I thought it was a joke because the island is very small and all the neighbors face the island. If you look at this island, which I assume you have, it seems obvious that it was created as a turn -around for the neighborhood. Building on this island would change the whole character of the neighborhood. Views would be blocked. traffic would be a real problem because of the narrow roads and steep hills, and because he would build on a lot much smaller than the neighbors' have, the house would not fit into the neighborhood. For me, it is more of an emotional issue. You should we the kids playing on that lot in the spring and summer. It's one of the few spots this neighborhood has as a community center. I hope that you reconsider this building permit. To me, a home on that tiny island just doesn't make sense. -3d++Z Tn &vu, Yb%wit t v✓1- %003 Greg Fewins, Senior Planner City Of Federal Way 33530 1 st Way South Federal Way, WA 98003 Dear Greg: May 2, 1994 In1ITY DEVELOPMENT DF - 77 - . MAY 9 1994 This letter is in reference to the issue coming up for appeal on May 17, 1994, involving a piece of ground that is owned by one David Thorstad--your file number 92-652 NR. The idea that the city would even conceive of building on this piece of land is a shame and flies in the face of many beliefs that the people of Federal Way held in voting for cityho od a few years ago: A) Many of us believe in the open spaces philosophy that was heralded by the "City Fathers". Where are those "City Fathers" when, just a few short years later, the Planning Department is ready to sacrifice that philosophy thinking that it is your job to cover every conceivable space in town with a structure. B) The safety of the neighborhood surrounding Tract A in Marine Hills West is in serious jeopardy. Is there ANY PLACE in Federal Way where the streets are that narrow --that the city would think of increasing home density? Let us know, please. We don't want to live there. Please put me on record as opposed to building on Tract A in Marine Hills West. And, kudos to a neighborhood who has worked hard to protect the integrity of the community and the City of Federal Way. Sincerely, �iUNITYyi1Nf MAY 9 1994 April 30, 1994 Mr. Greg Fewins Senior Environmental Planner 33530 1st Way South Federal Way, WA 98003 Dear Mr. Fewins: As a long-standing and law abiding resident in the Marine Hills 289th street neighborhood, I am writing to you to voice my concerns and opposition to the building permit application by Mr. Thorstad for the construction of a residence on the island lot he purchased within our surrounding neighborhood. Many young children live in this neighborhood, including 3 of my own. This cul-de-sac has been what I have considered a safe place for my children to play due to its limited access and traffic flow. However, even still, I have always been very concerned about the narrowed street and visibility around the perimeter of the island lot. The removal of the old water tank has improved the visibility problem considerably around the north end turn, yet the steep elevation, sharp curve, and narrowness at this point still make it an extremely dangerous location. Vehicles often parked on the street make for even worse visibility and difficulty negotiating the turn. Also, the access of emergency vehicles (i.e. fire trucks) would be severely compromised to service the residences in this area without street improvements. Should your decision be to allow Mr. Thorstad to build a residence at the site of the old water tower without any road improvements, it would indicate the City's gross negligence for the concerns and welfare of all the surrounding residents and family members here. You have an obligation to make our neighborhood, and every other neighborhood in Federal Way, a safe place to live. The street issue must be seriously addressed and improvements made before a building permit can be issued. Whether the city of Federal Way or Mr. Thorstad is obligated and responsible for these improvements, we do not care..... but it must be done! Respec y, t JCS [µ w�'►- Mike Mizumoto 417 S289th St Federal Way, WA 98003 cn,�,��v��`i Barbara Soames-Buescher 421 S. 289th Street Federal Way, WA 98003 Greg Fewins, Senior Planner City of Federal Way 33530 First Way South Federal Way, WA 98003 Dear Greg: It has come to my attention that the City of Federal Way Planning Depart- ment is, once again, considering the issuance of a building permit. on Tract. A, Marine Hills West Addition, on South 289th Street, I'm appalled! The City has heard from dozens of citizens, is aware of the legal battles over this issue, and knows that Is a substandard lot in every fashion. What possible reason could you have for wasting your time even considering such a preposterous move? I have Iived in this area for nearly 18 years, and have been supportive of city -hood and the protection of our neighborhoods and the city's open space policy. Yet, the consideration of issuing a building permit for this lot flies In the face of what the citizens of this city and this community stand for. I object! And, so should you! Kind Regards, • .i► MOME-iahmelilim " �• Barbara Soames-Buescher. DAVfD L. TPO R,67AD Architect Mr. Greg Fewins May 3, 1994 Senior Environmental planner City of Federal Way Mr. Fewins: In response to your letter dated April 20, 1994, we will not be seeking to revise permit number 92-0652, in order to comply with restrictive covenants. I have designed our house to fit within the area where no covenants apply. The driveway crosses the area encumbered, but a driveway is neither a building nor a structure. The covenants make no mention of driveway location. We may make revisions regarding lot coverage and driveway width which are unrelated to the covenants. Sincerely: David . Tho tad 5;; Terel Ann Kei er RECEIVED BY COMMUNITY DEVELOPMENT DEPARTMENT MAY 0 4 1994 29505 7th Ave. S.W. Federal Way, Wa. 98023 DAVfD L. TPOR.6TAD Architect Hearing Examiner 4/25/94 City of Federal Way Hearing Examiner: Regarding: Application No. UPR 92-0011 As owners of Tract A, in Marine Hills West, we find it necessary to respond to the frivolous Process II appeal filed by Jon Rand on 10/20/92. Mr. Rand's appeal was filed shortly after a Summary Judgment decision, in King County Superior Court, regarding the very same issue; the validity of building permit number 92-0652. Judge Shapira's decision, to allow issuance of the permit, cannot be overturned now in a lower court.The decision, rendered in Superior Court, is final, and the defendant homeowners are estopped from further litigation on this issue. The homeowners failed to appeal the decision, in favor of the City, to a higher court. They appear to have no understanding of the principle of res judicata. This was all explained to the homeowners, by the City Attorney, during Summary Judgment on 9/25/92. But apparently they still just don't get it. In reading Mr. Rand's appeal, it is clear that he has graduated from the Perkins Coie School of Obfuscation, with an advanced degree in Spin Control. There is no merit in the issues he raises, and his understanding of the Code is obviously quite limited. His three issues all revolve around lot size and street improvements, and he refuses to accept waivers allowed by the Code in Sections 22-953 b.2. and 22-1477. Judge Shapira's decision to allow for a complete application of the Code, and not a selective application is rudimentary, and requires no further consideration in any court. We respectfully request that this appeal be denied due to the Superior Court decision against it. Sincerely, David Ito t dd 7er-el l Ann Ke er 29505 7th Ave. S.W. Federal Way, Wa. 98023 C\j 41 CO LA rt 0 Ol I Ol 00 On to -C� cn Vi C) 10 cn U- 0 a. oor L Ott d- Ij Vz' I w Ei HAY 9 i I ti �1 a i J�t.+t t, 1 " 0 e a . +V Uf' �