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01-103313CITY OF jC�-- '* CITY HALL 33530 1 st Way South PO Box 9718 August 23, 2001 Mr. Thomas Dickson Dickson Law Offices, PLLC 1425 Wells Fargo Plaza Tacoma, WA 98402 (253) 661-4000 Federal Way, WA 98063-9718 Re: File No: 01-103313-000-00-AD; RESPONSE TO INQUIRY Dickson Law Offices/Apps; 418 SW 316th Street, Federal Way Dear Mr. Dickson: On August 13, 2001, the City of Federal Way's Department of Community Development Services received your inquiry into certain matters pertaining to the property of Ms. Margaret J. Pagens, at 418 SW 316th Street. In your letter, you explained that your client, Mr. David Apps, has concerns regarding the legality of the singlewide mobile home on Ms. Patjens property, and also about the possible septic system issues. To begin with, you have asked that the City make a determination on whether a singlewide mobile home fits within the zoning designation for this area. Current City code does not permit singlewide mobile homes on single-family residential lots. However, pursuant to Federal Way City Code (FWCC) Section 22-327 (enclosed), if an aspect, element, activity, or use of or on the subject property conformed to the applicable zoning chapter in effect at the time that aspect, element, activity, or use was constructed or initiated, that aspect, element, activity, or use may continue and need not be brought into conformance with the zoning code unless a provision of the nonconformance article requires conformance. According to King County Assessor's records, Ms. Patjens' property has been taxed as containing a mobile home since 1986. The City of Federal Way incorporated on February 28, 1990. As such, Ms. Patjens' property is considered legally nonconforming. While current City code does not permit new singlewide mobile homes on single-family residential lots, this current code does not invalidate Ms. Patjens right to have a singlewide mobile home on her property, provided that the home was situated on the lot according to the King County codes in effect at that time. Furthermore, this legally nonconforming status would apply to the environmentally sensitive areas regulations, such as the shoreline regulations and wetland issues that you mentioned in your letter. Mr. Thomas Dickson Page 2 August 23, 2001 If you have evidence to show that Ms. Patjens' located her mobile home on the site in violation of then current King County codes, you are free to bring this evidence to the attention of the City for review, consideration, and possible remediation. Please refer to the enclosed FWCC Division IV, "Nonconformance," for further information relating to how and when conformance of a nonconforming use or structure is required. You also stated irvyour letter that you suspected that Ms. Patjens' property might be on a septic system that could be creating potential contamination of groundwater. Please be advised that according to Lakehaven Utility District, Ms. Pagens' property has a permit to be hooked to Lakehaven Sewer Service and receives regular bills for this service. Please contact Mary Young at Lakehaven Utility District (253-941-1516) with any further questions. You may also contact King Count Department of Public Health Septic Approval (253-296-4932) with any questions you may have related to public health matters. Please feel free to call me directly at 253-661-4120, with any other questions you many have. Sincerely, 4,a4al-1- 13 (0-- Jane Gamble Associate Planner enc: FWCC Division IV, "Nonconformance" c: Martin Nordby, Code Compliance Officer Jim Harris, Senior Planner Doc. I.D. 16099 RECEIVED RY -- COMMUN" DEVELOPMENT DEPART"E-$l DICKSON LAW OFFICES, PLLC 1425 WELLS FARGO PLAZA 1201 PACIFIC AVENUE TACOMA, WASHINGTON 98402 THOMAS L. DICKSON KELLY DELAAT-MAHER JERRILYNN HADLEY August 10, 2001 Jim Harris City of Federal Way 33530 1st Way South P.O. Box 9718 Federal Way, WA 98003-9718 Re: Federal Way Properties Dear Mr. Harris: TACOMA TEL. (253) 572-1000 SEATTLE TEL. (206) 621-1110 FACSIMILE (253) 572-1300 EMAIL: dixlaw®worldnet.att.net AUG 13 2001 tldickson@uswest.net kdmaher®uswest.net jerrilynnh®uswest.net I am the attorney for David Apps, who as you know lives at 414 SW 316th Street, Federal Way, WA 98023 — which is a home on Mirror Lake. His next -door neighbor to the west is Margaret J. Patjens, whose address is 418 SW 316th Street, and who has been living for some years in what appears to be a single wide mobile home on her parcel of property. Her home is located closer to the street than it is to the lake. My neighbor has developed some concerns about her property, several of which he is addressing directly with her. However, the issue of her house being a single wide mobile home and possibly being serviced by a septic system for sewer purposes has become a particularly serious issue with Mr. Apps. We are requesting that the City make a determination on whether a single wide mobile home fits within the zoning designation for this area, as well as environmental requirements, such as any shoreline regulations or wetlands. Further, if it is indeed a septic system, my client expresses concerns regarding potential contamination of ground waters, which could lead to the lake itself and migration onto properties both west and east. I know that the city takes great interest in ensuring that all properties around Mirror Lake are conforming to the law, particularly in areas that may involve health issues. If there is any further information we could provide regarding that property, please advise. Otherwise, I thank you in advance for the information you can provide us. Sincerely, THOMAS L. DICKSON TLD/ss/040401 b cc: David Apps 820 OD65 312,04 Q5 D 3121 0085 _12 �920 0095 31238— 3 555920 0100 31244 0 1.5 - 5 0 0110 [i 260 920 W i5.55 3 r- 0 5557�0 01 0 20 ® 317 0 0 r555 0 15 �_-. _ C1i 00 2�- 5 7 200 10 ai 0 W "31 ii Q 511 20 0 401 = � - 5557j, G DO 39; Mirror f 557500210 5 Lake 1 �' 555750 0220 , 31231 " 1_�JB0300 02 2R0 02 124 g 0 t�311 0290 �054 a 170 555002S.W. 312TH L. 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