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98-103319CITY OF \! `I 33530 1 ST WAY SOUTH Edward Slipp & Margie Alden 32320 - 10th Avenue South Federal Way, WA 98003 Re: DIRECTOR'S APPROVAL — Garden Shed Yard Setbacks File No. UP198-0011— 32320 - 10th Avenue South Dear Mr. Slipp & Ms. Alden: (253) 661-4000 FEDERAL WAY, WA 98003-6210 September 22, 1998 The City of Federal Way staff has completed a review of your application for the above referenced permit to allow an existing garden shed to encroach into required side and rear yard setback areas. The submitted site plan for the garden shed depicts the shed located in the northeast corner of your property approximately three feet three inches from your side property line, and approximately two feet two inches from your rear property line. The shed apparently was constructed prior the the City of Federal Way's incorporation in 1990 and there are no building permit records for the shed. ADMINISTRATIVE APPROVAL GRANTED Based on staff review of the Process I application, the garden shed existing yard setbacks are administratively approved based on the enclosed findings of criteria contained in Federal Way City Code (FWCC) Section 22-1133. This decision does not waive compliance with future City of Federal Way codes, policies, and regulations. The city's fee for this application is $160.00 based on four hours of staff time spent processing this permit. The fee is now due and payable to the City of Federal Way. No further permits or approvals are required. If you have any questions, please contact Marion Hess, Senior Planner, at (253) 661-4120. Sincerely, Gregory Dore, AICP Director of Community Development Services enc: Approved Site Development Plan Garden Shed Approval Criteria c: Mary Kate Gaviglio, Building Official Lee Baily, Lead Plans Examiner Martin Nordby, Code Compliance Officer i:98001 Id PROPER, LINE .t TWO FES 1V1O INCHES 5�r P� ��► Per, A-: U�9_ 00R��4G Co 5 1. zf �fq------------ w c X m 0 v O v m r Z m I LIPP ALDE EXTS-11NCt 9ARDEN SHED APPROYAL CRITERIA LOCATION: 32320 - 10th Avenue South The following Zoning Code regulations apply to the subject existing non -conforming garden shed located on property at the above address: FWCC Section 22-1133. Structures and Improvements. No improvement or structure may be in a required yard, except as follows: (9) In low and medium density residential zones, the applicant may, through process I, request approval to locate a storage shed in a required yard, except a required front yard. The city may approve the application if: a. The proposed structure is no more than eight feet high above finished grade; Comment: The existing garden shed is seven feet three inches in height. The shed complies with this criteria. B. The maximum length of the facade of the proposed structure parallel to each property line, from which the required yard is not provided, shall not exceed 10 feet; Comment: The length of the existing garden shed is 10 feet along the side yard and 8 feet along the rear yard. The shed complies with this criteria. c. The proposed structure contains no more than 120 square feet in total area; Comment: The total area of the existing garden shed is 80 square feet. The shed complies with this criteria. d. No reasonable alternative location exists on the subject property due to special circumstances regarding the size, shape, topography, or location of the subject property, or the location for legally constructed pre-existing improvements of the subject property; Comment: The existing garden shed is constrained by an existing 50+ foot fir tree with an exposed root system located in close proximity to the southwest corner of the shed. Moving the shed southerly and westerly would require cutting out this root system and trimming back some limbs of the tree. Also, existing flower garden beds and hand laid brick areas would have to be removed. For these reasons, the shed complies with this criteria. Garden Shed Criteria - Page 2 e. Permitting the intrusion onto the required yard will not create a material, negative impact on the character of nearby residential uses. Comment: The garden shed is seven feet three inches high. Existing six foot sight obscuring wooden fences exist on the side and rear property lines. Approximately one foot three inches of the shed's roof is visible to adjacent residential property owners. Additionally, the shed is adjacent to the back yard of the property to the north and there is one pickup bed cover stored in the corner on the other side of the fence from the shed in this backyard. To the east, on the other side of the fence is the backyard of an adjacent residential property. In this backyard is a large tree and a two-story playhouse. The existing shed will not create any material or negative impact on these residential properties, and, therefore, complies with this criteria. M. B. Hess 9/21/98 i:980011c LAK HAVEN UTILITY DISTRICT 316271st Avenue South • P. O. Box 4249 • Federal Way, WA 98063 COMMUNITY DEVELOPMENT TECHNICAL REVIEW COMMITTEE AGENDA OF: September 17,1998 ATTN: Mr. Marion Hess Senior Planner SUBJECT: Agenda Item No. 5 — Slipp/Alden Garden Shed Variances UP198-0011 COMMENTS: The District has no comment on this issue. By: ��w e. Mary . You g Development Services Sbpervisor Direct Line: (253) 946-5400 FAX: (253) 529-4081 Date: I7/�/ DATE: TO: CT'T'Y OF FEDERAL WAY DEPARTMENT OF COMMUNITY DEVELOPMENT MEMORANDUM Sept 2, 1998 Community Development Review Committee (CDRC) Members Stephen Clifton, Public Works Development Services Manager(2 copies) Lee Bailey, Lead Plans Examiner Mary Young, Supervisor of Technical Services, Lakehaven Utility District Greg Brozek, KC Fire District #39 FROM: Marion B. Hess, Senior Planner PROJECT PLANNER: Marion B. Hess PHONE (253)661-4120 PLEASE RESPOND BY: Internal meeting 09/ 17 FILE NUMBERS: UPI98-0011 PROJECT NAME: Existing Garden Shed Yard Variances (side and rear) PROJECT ADDRESS: 32320 - 10th Avenue South PROJECT DESCRIPTION: Existing shed located within side and rear yard setback areas. PROJECT CONTACT: Edward Slipp/Margie Alden (ph. 839-0871) .10 a Attachment: MLU Application (3 pages) i:980011a Garden Shed - Page 2 Parking: Landscaping: Nonconformance: Special Notes: 2 spaces required Complies Not required for this application The existing garden shed is nonconforming to the required side and rear yard five (5) foot setbacks. 1. The existing garden shed must meet the five criteria listed in FWCC Section 22-1133(9) before an application may be approved by the Community Services Director. These criteria are listed on the following page. 2. The garden shed nonconformance to the yard setbacks was discovered when a City Code Enforcement employee inspected a two-story playhouse structure located within the rear yard setback area on the lot immediately east of the garden shed. The playhouse and garden shed are separated by a six foot wooden fence. M. B. 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".. 502402 27 --" -1 - 2400 100 T. 1013 6024 lu 7 BaToog i0S6 so 601010 Sol 2 3 T0097 1043 70 807008 CA Yom grAIE 1500500D40 Iris r- al NiEBBYlAL cow Oft —Ma ae Uri 1500500020 1500500030 172WKR- HUM; .22M F SAFEWAY PETSMART I VILLAGE Of 400080 cii 0 82211 172IM9061 m gM a *0go HT & 1 40 0 240 =15 1721049077 324 140 L 1502600040 ismop Re�k 1500500070 CITY OF FEDERAL WAY DEPARTMENT OF COMMUNITY DEVELOPMENT MEMORANDUM DATE: Sept 2, 1998 TO: Community Development Review Committee (CDRC) Members Stephen Clifton, Public Works Development Services Manager(2 copies) Lee Bailey, Lead Plans Examiner Mary Young, Supervisor of Technical Services, Lakehaven Utility District Greg Brozek, KC Fire District #39 FROM: Marion B. Hess, Senior Planner PROJECT PLANNER: Marion B. Hess PHONE (253)661-4120 PLEASE RESPOND BY: Internal meeting 09/ 17 FILE NUMBERS: UPI98-0011 PROJECT NAME: Existing Garden Shed Yard Variances (side and rear) PROJECT ADDRESS: 32320 - 10th Avenue South PROJECT DESCRIPTION: Existing shed located within side and rear yard setback areas. PROJECT CONTACT: Edward Slipp/Margie Alden (ph. 839-0871) Attachment: MLU Application (3 pages) i:980011a 1V ED REC gy D�9A� TMENT pPM- _ ... CrrYOF T^ 2 B 1998 MASTER LAND USE APPLICATION • E� DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES 33530 First Way South, Federal Way, WA 98003 (253) 661-4000 — Fax (253) 661-4129 APPLICATION NO I lam✓ ' OC) � � Date Project Name GZ, )rpl i;GUSE gE'£ $AEK Property Address/Location Applicant Name: Edward Slipp Agent Name: Owner Name: Edward Slipp Addrasirgie Alden Address: Address: and Margie Alden 32320 10 Ave. So. Federal Way, Wa. 32320 10 Ave SO. Federal Way, Wa. Phone: ¢ 5 3)83 9- 0 8 71 Phone: ( ) Phone: (2 5 3) 8 3 9- 0 8 71 Fax: ( ) Fax: ( ) Fax: ( ) Email: l Email: Email: ^ Signature: F 4 �� I Signature: Signature:V/14,a_J/,.'1y.;,0 — Zoning Designation Comp Plan Designation Project Description see a ttac-hed Parcel Number(s) Type of Permit Required: SEPA Checklist Notice Mailed Sign Board (Refer to Development Submittal Requirements Handout) Annexation R R Binding Site Plan R R R Boundary Line Adjustment Comp Plan/Rezone Land Surface Modification Lot Line Elimination Preapplication Meeting _ Process I (Director's Approval) Process II (Site Plan Review) Process III (Project Approval) Process IV (Hearing Examiner's Decision) Process V (Quasi -Judicial Rezone) SEPA Only Shoreline Variance Conditional Use _ Short Subdivision Subdivision Variance R R R R R* R R R R R Rx2 R R R R R R R R R R R * R R R R R* R R R = Required * = Optional by City WsTERIA.FRM REvIsED 6/ 1/98 We are asking approval of our garden house, based on Sec 22-1133 (9) a. Our structure is TY high--9" below the 8'Max. height. b. The length does not exceed the 10' Max. length. It is exactly 10' on the long side and 8' on the short side. c. The entire structure is 80 sq. feet, well below the 120 sq. feet allowed. d. The special circumstance would be the preexistence of a 50+ foot fir tree, which has a large root system, with a portion above ground. This was the reason for building the garden house in its present location; to avoid this root. A neighbor on the north side of our property, several years ago, removed a large root from our tree to make way for their garden. For us to amputate the root on our side would so weaken the stability of the tree it could fall during a wind storm; this is a real concern to us. And to cut the tree down is unthinkable, as it is a central feature of the landscape design of our garden yard. This same root would prevent re -locating the structure, unless fill dirt were brought in to raise the ground level above the root creating a new grade and raising the garden house, making it's presence more noticeable and could become a visual intrusion on our neighbors. e. The garden house in its present location is scarcely visible to any of our neighbors. And there is ample room on all sides of the garden house for easy maintenance of the structure with no known or suspected negative impact on other residences, nor is there any negative impact on the character of this residential area. This structure in its present location is not intrusive on our neighbors. RECEIVED BY COMMUNITY DEVEL.APMFNT DEPARTMENT NV0 FEET, -rW0 INCHES m 0 u m r z G m co c 1 0 D m m RECEIVED BY COMMUNITY OEVELOPMFNT DEPARTMM AUG 2 8 1998 JCITYOF 33530 1 ST WAY SOUTH August 21, 1998 Edward Slipp & Margie Alden 32320 - 1 Oth Avenue South Federal Way WA 98003 Re: Garden House Side & Rear Yard Setbacks Dear Mr Slipp & Ms. Alden. (253) 661-4000 FEDERAL WAY, WA 98003-6210 F I L G' This letter is in response to your August 13, 1998 letter to Mr. Greg Fewins concerning the above yard setbacks for your garden house on your property at 32370 - 1 Oth Avenue South. You may apply for a Process I administrative permit under Federal Way City Code Section 22- 1133 (9) (see enclosed copy) that would allow you to keep the garden house in its present location, provided it could meet the five criteria listed under this section. The application fee would be $40 per hour of staff time to process the application payable upon completion of the City's review. Based on my site inspection on August 18, I believe the proposed intrusion would meet all of the required decisional criteria. However, the final decision will be made by the Director of Community Development Services. With your application, you will be required to submit a narrative written description of how you believe the proposed intrusion meets each of the required decisional criteria under FWCC Section 22-1133 (9). If you have any questions, please call me at 253-661-4082. Sincerely, Gu�1 Marion B. Hess Senior Planner c: Martin Nordby, Code Compliance Officer i:980053 MEMORANDUM Date: August 19, 1998 To Greg Fewins From: Mahon Hess Subject: Garden Shed at 32320-10th Avenue South -f w., may' r Yuri �r'�'+as3 I conducted a site inspection at the above address this date and found an inconspicious storage shed located in the northeast corner of the property. Mr Slipp and Ms. Alden were home and allowed me to inspect the shed. Six foot wooden fences existed to the north and east of the shed and the shed roof peak extended less than two feet above the fence tops. The shed was located within the five foot side and year yard setback areas. A large fir tree was located close to the west side of the shed with an exposed root extending in a southeasterly direction towards the shed. This existing root system could be cited as a reason for granting an administrative permit to allow the shed to remain in its present location. On the other hand, the shed could be moved to comply with the five foot yard setbacks. This would appear to require the exposed tree root system to be removed and a portion of the existing flower bed to be removed. Also, some tree limbs would have to be cut off. There appeared to be no detrimental impacts to the adjacent neighbors as the existing fence screened the shed almost completely from the neighbor's view. Across the fences were existing open backyards with a pickup top stored in one backyard corner to the north of the shed, and, a two story playhouse was presently under construction in the backyard to the east of the shed. It appears to me to be a judgment call as to granting an administrative permit. The Community Services Director could reasonably grant the permit if he deemed the exposed tree root system was a justification, or, he could deny the permit application based on the fact the shed could be moved without too much damage to the existing tree and flower beds. In my opinion, it would be benevolent on the part of the City to grant the permit and allow the shed to remain in its present location since it is mostly out -of -sight and not harming the neighbors in any way. i:980053a Mr. Greg Fewins 33530 1st Way South Federal Way, Washington 98003-4129 Dear Mr. Fewins: 32320 1 Oth Avenue South Federal Way, Washington. August 13, 1998 UV = We are writing this letter in response to Martin Nordby's letter of July 29th ( a copy enclosed). We purchased our home, at the above address, in 1981. At that time Federal Way was part of rural King County. And in our neighborhood there were several residences which had garden houses, storage shed, and the like, which were on, or very near the property lines, less that the current 5' min. set back. We took this to be the standard. About 5 years ago we decided to build our garden house. We called to see if we would need to apply for a building permit. We were told that we would not, because the building was to be only 8'X10' and 7' feet high. However, we did not know of the 5' set back from the property line regulation. As you will notice from the enclosed scale drawing; the garden house is placed short of the 5' minimum. However, there is ample room for occasional walking between the structure and the fence and for easy maintenance of this small building. Our garden house is not a hazard to anyone, and is scarcely visible to any of the neighbors. In referring to this same drawing you will see the garden house is placed so as to avoid a huge root structure of a large Fir tree. The tree is 50 feet tall. Roots have been removed, several years ago, by a neighbor on the North side. We felt that by removing the one nearest the garden house would create a hazardous condition, by so weakening the tree root structure the tree could fall during a wind storm. This is by way of explaining why the garden house was placed where it is and why it would be a danger to move it. A considerable amount of established landscaping would also have to be redone before moving even a few feet. And in closing, we beg you, not to require us to demolish or try to move this building. We would like you to consider a variance and allow us to keep it, as it is. We would welcome a visit from you, or someone appointed by you, to view this structure and see, and understand the attending problems. Sinc ely, C.' �r l�, dwar d Srip nd Margie Alden I' CITY OF \YrV 33530 1 ST WAY SOUTH Mrs. Margie Alden 32370 - 10th Avenue South Federal Way, WA 98003 Re: Playhouse — Complaint File CAR98-0072 Dear Mrs. Alden: (253)661-4000 FEDERAL WAY, WA 98003-6210 July 29, 1998 This letter is sent as a follow-up to your recent request to reinspect your concerns about the two story playhouse being constructed in the Niederkrome's backyard behind your home. On July 17, 1998, Mr. Alden permitted me access to inspect the playhouse from your backyard. I noted two possible code violations concerning permits and setbacks the Niederkromes will need to resolve. However, I also noted that you also have a garden shed placed within the required yard setback. Federal Way City Code (FWCC) Section 22-631 sets setback or require yard standards for single family residential zones. Your home is located in the RS7.2 single family residential zone. Required yards for the RS7.2 zone are five feet from side or rear property lines and 20 feet from the front property line. Sheds, playhouses, or other structures not exempted per FWCC Section 22-1133 must comply with the required yard standards. The garden shed must be setback at least five feet from side and rear property lines. I have informed your neighbors a follow-up investigation is scheduled for 60 days from the date of this letter. The complaint file will be closed and no further enforcement action taken if they have resolved the violations. It would be unfair for the city to require your neighbor to comply with the setback regulations anal not ask the same of yg- . P1Pase contact me at (253) 661-4121 if you have questions about setback requirements and exemptions. Sincerely, qin Nordby, CCEO Code Compliance Officer c: Kathy McClung, Deputy Director of Community Development Services Mary Kate Gaviglio, Building Official 98-0072B WPD n r, T w ir 0 jl y w z rJ r LU W a O Ir a S3H0M OAU 133j OM i I a