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17-104882Beckv Chapin From: Becky Chapin Sent: Tuesday, November 07, 2017 8:33 AM To: 'drisin69@gmaii.com' Cc: Permit Center Subject: FW: John and Jeea Kim - 33007 11th Avenue SW, Federal Way Attachments: Kim ADU.PDF Hi Mr. Kim, Stacey has asked me to follow-up with you regarding the restrictive covenant. I've read over the Administrative Decision letter that was provided to you on October 30, 2017. The letter states you can contact the city in advance of permit submittal so that the covenant can be prepared. However, the covenant is actually associated with the building permit process. You will need to apply for the building permit application for the remodel/kitchen addition. As part of review of the building permit, the City will prepare the covenant and provide it to you when the permit is issued. You will then need to record this covenant with King County Recorder's Office prior to final inspection of the remodel. Please let me know if you have any questions. Thanks, Becky Chapin Associate Planner WY at Federal Way 33325 8th Avenue South Federal Way, WA 98003-6325 Phone: 253-835-2641 Fax: 253-835-2609 www.cityoffederalway.com From: John H. Kim [—m—a-i—lt—o—.*drisin69@gmaii.comI Sent: Tuesday, November 07, 2017 5:02 AM To: Permit Center Cc: Robert Hansen; Stacey Welsh Subject: FW: John and Jeea Kim - 33007 11th Avenue SW, Federal Way Permit Center, It has been one week and I have not received any acknowledgement at all from Robert Hansen regarding my request below to obtain a restrictive covenant. Should I continue to wait or has my request been sent to the wrong person? Please let me know if anything further is required from me at any time. Thank you, John Kim From: John H. Kim fmailto:drisin9L �;rna�!Lcom] Sent: Tuesday, October 31, 2017 1:51 PM To: roberthansen@ci ff Ideralwaycom Subject: FW: John and Jeea Kim - 33007 11th Avenue SW, Federal Way Robert Stacey is currently out -of -office and | am honestly not sure whom | may contact regarding my inquiry below: please read below Thank you very much for any guidance you may provide, John Kim From: John H. Kirn Sent: Tuesday, October 31,2O17lx44PM To: Subject: John and Jeea Kim - 33007 11th Avenue SW, Federal Way Stacey, We are in receipt of the city's Administrative Determination (attached) and would like to proceed with the permitting process at the earliest convenience. The attached letter states to contact the city toinitiate the covenant process ahead of permit issuance. Would you be the correct contact or can you direct me to the appropriate person? Thank you very much, John Kim Z CITY OF CFFY HALL 33325 8th Avenue South 4% Federal Way, WA 98003-6325 Federal Way (253) 835-7000 www.cityoffederalway.com Jim Ferrell, Mayor Mr. John Kim, FILE The city is in receipt of your inquiry regarding an accessory dwelling unit (ADU). You have requested further clarification on the ADU code definition and a determination if an ADU application is required in your situation. The submittal indicates that one extended family member will be moving to your home and you would like to remodel part of your finished basement into a kitchen. The new kitchen and the rest of the basement will be for the whole fan -lily to use, except for the bedroom which will be a private space for the extended family member. Your 7,875 square foot property at 33007 11 th Avenue SW is zoned Single Family Residential (RS 7.2) and contains a single-family home with an attached garage. To address the first part of your inquiry, "accessory dwelling unit" is defined in the Federal Way Revised Code (FWRC) Section 19.05.010 as follows: 'Acressog dwellin ,g unit (ADU)'means either a freestanding detached structure, excluding outdoor storage containers and similar structures used or designed to be used as living facilities, or an attach part of a structure which is accessory to the main or primary dwelling unit located on the subject property, providing complete, independent living facilities exclusively for one single housekeeping unit, including permanent provisions for living, sleeping, cooking and sanitation. See FWRC 19,265.020ADUs include: I "(1) 'ADU, attached'means an accessory dwelling unit that has one or more vertical and/or horizontal walls in common with or attached to the primary dwelling unit. "(2) 'ADU, detached means a freestanding accessory dwelling unit that is not attached or physically connected to the primary dwelling unit." Additional requirements for ADUs are contained within FW`RC 19.200.180 and 19.265.020 (enclosed for your information). To address the second part of your inquiry, in your situation the basement with the addition of a second kitchen does not constitute a complete, independent living facility exclusively for one single housekeeping unit. Therefore, you are not required to submit an accessory dwelling unit land use application. If you want to establish an ADU in the future that additional land use review Will be required and code requirements must be met. Ddr. John Kim Page 2 of 2 Prior to issuance of any permits related to the basement remodel/kitchen installation, you 'wiU be required to record a restrictive covenant against the property with King County. The city will prepare the covenant to restrict the use of the basement as an U. You are encouraged to contact the city in advance of permit submittal, so that the covenant can be prepared. Please include a copy of this letter as part of any future pern-.Litting for the remodel/kitchran installation work. If you have any questions regarding this response, contact Senior Planner Stacey Welsh at 253-835-2634, or stacev.welsb@ �o f�fcderal,�way. co tn. Sincerely, -7-11 Brian Davis Community Development Director File #17-104882-00-AD Doc. I.D. 76733 .'ECEIVED Ak OCT 10 2017 REQUEST FOR ADMINISTRATIVE DECISION CITY OF DEPARTMENT OF COMMUNITY DEVELOPMENT UTY OF FEDERAL WAY 33325 8h Avenue South Fbderal V��y COMMUNrTY DEVELOPMENT Federal Way, WA 98003-6325 253-835-2607; Fax 253-835-2609 -L— FILE NUMBER— r— - 1 0 Date Applicant NAME PRUWARY PHONE John Kim (253) 590-0075 HUSDIMSS/ORGAMATION ALTERNATE PHONE DI[AHMG ADDRESS E.-DIAM 33007 1 1TH AVE SW drisin69@gmaii.com CITY STATE MP FAX Federal Way WA 98023 Property Address/Location 33007 11 th Ave SW, Federal Way, WA 98023 Description of Request Request further clarity on ADU code definition and determination if ADU permit is required in my situation: one extended family member will be moving into my home. For convenience, I would like to remodel a part of my existing finished basement into a kitchen. The kitchen and the rest of the basement wil I be for whole family use except one bedroom located in the basement, which will be designated a private space for my extended family member. Does this fit the definiton of an ADU? List/Describe Attachment§ Email correspondence with Stacey Welsh, AICP, City of Federal Way Senior Planner Code Interpretation/Clarification No Fee 0 Critical Areas Letter/Analysis/Peer Review No Fee (Actual Cost if Applicable) 0 Request for Extension (Land Use/Plat Approval) Check Current Fee Schedule 0 Revisions to Approved Permit Check Current Fee Schedule 0 Tree Removal No Fee 0 Zoning Compliance Letter Check Current Fee Schedule 0 Bulletin #079 — January 4, 2016 Page I of I k:\Handouts\Request for Administrative Decision Stacey Welsh From: Stacey Welsh Sent: Tuesday, October IO'20l78:I9Ak4 To: 'John H.Kim' Subject: READU Attachments: 079 Request for Administrative Dedsion.pdf If you submit the ADU application, that means you are applying to have one, not asking whether or not the permission itself is required. If you want the city to make a code interpretation on whether or not you are required to apply for an ADU,then fill out the attached ADrequest form with your question and along with any information to explain your situation. You will receive o written response from the City to your question. The Permit Center can be reached at 253-835-2607 or Perm itCenter(@c,itvoffedera wa com, 33325nmAvenue South Federal Way, VVA9AOD3-G3Z5 Phone: 253/835-2634 Fax: 253/835-2609 From: John H. Kim [nlaiKo:drisin69@gmaiiconn Sent: Monday, October O9,2O176:Z]PM To: Stacey Welsh Subject: RE:ADU Stacey, it sounds like I need the City of Federal Way to make a determination as to whether I actually need an ADU permit. Please find attached my application. Do you need the notarized "Letter of Application & Deed Restriction" now permit? You had mentioned that the process for permit approval may take in excess of two months to complete; is it a) Al possible to have at least the determination of whether I need an ADU permit at all be made sometime sooner? Thank you, ]K From: Stacey Welsh Sent:Monday, October 09,ZU27Z:45PM Tm:']ohnH.Kim' > I've seen those situations goboth ways, Youseennfaidyconhdentinyourposidon.As|said,submityourkitchenpennb and see how the reviewer interprets your specific situation. Federal Way 3332S8 th Avenue South Federal Way, VVA98003-632S Phone: 253/835-2634 Fax: 253/835-2609 ^r�—`---�-�--- -�~�--- — —�- - From: John H. Kim rnallto:drisin69(&gmaJl.corn] Sent: Monday, October 09, 2017 2:37 PM To: Stacey Welsh Subject: RE:ADU Stacey, Thank you for your help so far. According to the definition you forwarded, the phrase: "independent living facilities exclusively for one single housekeeping unit" does not appear to apply to our situation. There will not be any demarcation between my father-in- law's living space and the rest of our family unit other than he will have the privacy of one bedroom in the basement. The accessory kitchen will only be for our convenience as a whole family, since my father-in-law is almost 90 years of age and will have difficulty climbing the basement stairs to prepare his own meals at times. Thanks again, ]K Sent: Monday, October 09, 2017 9:15 Am To:'John H. Kim' <drisjq69QgmqJLgqM> Subject: RE: ADU See below for the code definition ofADU,When someone wants tmput asecond kitchen inasingle family home, it triggers the potential for having an ADU and we provide them the permitting requirements, Feel free to submit your pennitinhumnadonandseehovvthereviowerinterpretsyourspecificshuation.|tsoundo|ikeyouwmu|dmeu11he parking requirement, The square footage of the ADU is the area dedicated to the complete, independent living facilities exclusively for one single housekeeping unit, including permanent provisions for living, sleeping, cooking and sanitation, WIMUMUMMM "Accessory dwelling unit (ADU)" means either a freestanding detached structure, excluding outdoor storage containers and similar structures used or designed to be used as living facilities, or an attached part of a structure which is accessory to the main or primary dwelling unit located on the subject property, providing complete, independent living facilities exclusively for one p . � single housekeeping unit, including permanent provisions for living, sleeping, cooking and sanitation. See FWRC ia� (1) "ADU, attached" means an accessory dwelling unit that has one or more vertical and/or horizontal walls in common with or f7bderal My 33325 8t" Avenue South Federal Way, VVA980J3-G325 Phone: 253/835-2634 Fax: 253/835-2609 From: John H. Kim [maj Sent: Saturday, October 07, 2017 11:21 AM To: Stacey Welsh Subject: RE: ADU I'm having trouble understanding why remodeling part of my existing finished basement into a kitchen is considered an ADU. My main issue is that in our case, there is no clear demarcation between the so called ADU and the rest of the living area. There will no physical barrier between the "spaces" (the main floor and the basement).: Installing this kitchen is mainly for convenience for my father-in-law who will be living with us together within our house. Even as of our current plans, the basement will not be for my father-in-law's exclusive use; there are common areas and mainly one bedroom he will be occupying, other rooms in the basement will be for other uses other than for him. Can you please clarity how an ADA Ls-Ae-tined � Aur basement will be mixed use peTween exteril.717777TT TID -1- us. I am in receipt of your ADU handout and have read it but my question still remains. Also, if our situation does fall under the ADU category; does our two -car driveway and two -car garage fulfill the 3-car parking ADU requirement? And, since our basement will be mixed use and there are no clear demarcations between extended family and our family unit, how will square footage of the "ADU" be determined? I Thank you inadvance, ]K From: Stacey Welsh Sent: Friday, October 06 20I75:07PM To: 'John H.Kim' Your property is zoned RS7.2, Single Family Residential, with a required minimum lot size of 7,200 square feet, According to King County your lot is7,875square feet insize, sonoissue onthat item then, �� v�"°=�� 333J5nmAvenue South Federal Way, VVA48003-G325 Phone: 253/835-2634 Fax: 253/835-2609 From: John H. Kim [m-a�ilto:—dr'ssii6-9-rcb-gmail.—comI Sent: Friday, Octuber06 20174:46PM To: Stacey Welsh Subject: RE: ADU Thank you so much, Stacey. My address is: 33007 111h Ave SW, 98021 From: Stacey Welsh Sent: Friday, October 06,2U17 4:45 PM To:'drisinGy@Qmoaiicono' Subject: ADU EM See attached for the Accessory Dwelling Unit land use application information. I forgot to ask your address to confirm the zoning designation of your property. If the lot does not meet the required minimum lot size then an ADU is not allowed. Please let me know your address or parcel number and I can confirm the zoning designation. 333Z5omAvenue South Federal Way, VVA9O003'63J5 Phone: 253/835-2634 Fax: 253/835-2609