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
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