19-105696CITY OF
Federal Way
ce'nm�"t'c�d -on, 0"opof
Mr. Felipe Irizarry
Modemo Engineering
Seattle, WA 98118
CITY HALL
33325 8th Avenue South
(253) 835-7000
www,cityoffederalway.com
Jim Ferrefl, Mayor
1 a 1 0 " * i
-117 MTTEMM11
it] G] "s U rWTW"* M
The city is in receipt of your Deceinber'27, 2019, written request for approval of a retaining wall exceetling six
feet in height at the above referenced location. The proposal and modification request are for constructing a
retaining wall with a maximum height of seven feet, which NvM replace an existing retaining wall.
Pursuant to Federal Way Revised Code (FWRC) 19.120.120, for single family residential lots, a maximum wall
height of six feet is permitted.
The proposed maximum wall height request is hereby approved pursuant to FWRC 19.120.050, based on the
following findings:
•
D- 40. 79990
19-905696-00-AD
111111 - OIL"
Page 2 of 2
January 16,2021
impacts and is screened by vegetation from the neighboring property and is not visible from
the public right-of-way.
The proposed seven -foot -tall wall is not located within or near any environmentally critical
areas regulated by the FVVRC.
0 The seven -foot -tall wall -AU be designed by a licensed engineer and meet the same level
safety and quality than any equivalent six -foot -tall wall height, as discussed in the Mode
Engineering December 2, 2019, written request. I
-3�An �arov�edbufld�ing laermit for the wp-A
is required before any construction. If you have any further questions, or need additional assistance, please
contact Senior Plannerjim Harris at 253-835-2652, or
Sincerely,
Robert "Doc' Hansen
Planning Manger
c: Jim Harris, Senior 131annec
Brian Gorsid, 300,40 121h Avenue SW, Federal Way, WA 98023
19-105696-00-AD D- I.D. 79990
REQUEST I, A ADmiNiSTRATivE DECISION
44k
COMMUNITY DEVELOPNIFNT DEPARTMENT
CITY OF 10'::ttt;P RECEIVED 33325 8" Avenue South
Federal Way Federal Way, WA 9800
DEC 0 3 2019 253-835-22607; Fax 253-835-2609
Nvww,ejjtyotftfe(die,rallwaycot'n
CITY OF FSDERAL WAY
-- —
FILE -L NUMBER 5 (o Date Cl
Applicant
PRIMARY PHONE
NAME
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SUSS NESSIORGAS(ZATION ALTERNATE PHONE
MAILING ADDRESS E-MAIL
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CITY STATE ZIP FAX
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Property AddressALocafion /21 W4
Description of Request ® ze
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e, r
yl�e
14 ppl'
List/Describe Attachments
For Stgitiln
Code Interpretation/Clarification
El Critical Areas Letter/Analysis/Peer Review
Request for Extension (Land Use/Plat Approval)
El Revisions to Approved Permit
El Tree Removal
[I Zoning Compliance Letter
El
Bulletin #079 — January 4, 2016 Page 1 of 1 k:\Handouts\Request for Administrative Decision
Eo
PROPERTY LINE
104
104 102
ROCKERY WALL
104
NIS TO 9-E-RIEPUACED- — — — 106 2Z GW
Z
NEW RC
RETAINING WALL
(H = 7ft) N
uj
0 CL
COVERED STORAGE
w
CONC. SLAB l l/BUILDI
CL
Sf-I A it f
CALE: 1 = 20
MODERNO ENGINEERING, PLLC
4750 32ND AVE S #102 MODER
SEATTLE, WA 98118 ENGINEERIN
EMAIL: CONTACT@MODERNOENGINEERING.COM
PHONE: (425)999-4230
RECEIVED
CLEARING AND GRADING9 AND/OR TREE AND VEGETATION RETENTION
MODMCATIONPLAN
30040 12'h Ave SW
Federal Way, WA 98023
MEN
475032 nd Ave SE #102
Seattle, WA 98118
December 2, 2019.
Project No. Gorski-3004Q--12th—Ave—SW—Federal—W
Engineer: Ariel Felipe Irizarry I
Purpose
The purpose of this document is to officially request a deviation from section 19.120.120
(Rockeries and retaining walls) of the Federal Way Revised City Code and provide
substantiation for that deviation in accordance to section 19.120.050 (Modifications).
The following sections will introduce the city requirements, give a summary of the proposed -
structure, explain the need for a code requirement deviation and demonstrate compliance with
the Modifications section of the code.
30040 12th Ave SW, Federal Way WA 980
Page I i
Code Requirements
The Federal Way Revised City Code section 19.120.120 (Rockeries and retaining walls) reads as
7
When incorporating rockeries and retaining walis into site design, the applicant shall
AM,
walls. When rockeries and/or retaining walls are utilized, the following standards shall
apply:
Eli =- I - . MIMI
(a) A maximum of six feet in height as treasured from finished grade at base of wall to
top of wall.
that complements the proposed building and site development. Other materials may be
used with the approval of the community development services and public works
directors. I
a
wall height between the rear of a residential building and any rockery or retaining wall;
nrovided. Vfat a usable sDace eaual to the rear vard setback must always be maintained.
The Federal Way Revised City Code section 19.120.050 (Modifications) reads as follows:
(1) Purpose. The purpose of this section is to provide a process for requesting
modification from the general standards specified in this article. The director shall have
the authority, consistent with the criteria provided herein, to modify specific
requirements, or impose additional requirements in unique or special circumstances to
assure the fulfillment of the stated purposes of this article. The applicant must
request:
(a) There are no feasible and reasonable alternatives to the clearing, grading or
tree/vegetation removal activity being proposed;
(b) The proposed modification will result in the same or less impacts than meeting the
standards;
(c) The proposed modification will meet or exceed the intent of this article;
(d) Meeting the standards would create an unacceptable risk to health or safety.
(2) Modification submittal requirements. A request for modification shall:
30040 12th Ave SW, Federal Way WA 98023 MODEPNO
Page 2 " ENGINEERING
l Be submitted in the same form and according to the same terms as the required
clearing and grading and/or tree and vegetation retention plan documents of this article
and subject to the same enforcementrequirements;
i+ Be. r ' i. "Clearing and Grading, and/or i Vegetation Retention
Modification Plan"; and
(c) Clearly delineate and identify the deviations rei i from the provisions of
r;
30040 12th Ave S, Federal Way WA 98023 MODERNO
Page 3 ENGINEERING
Proposed Building/Construction Overview
The owner of the lot at 30040 12 1h Ave Federal Way, Mr. Brian Gorski, has contracted my
services to provide structural engineering plans and calculations to replace a rockery wall at the
1 11 "0
Mmelow is a partial image trom Me site plan snowing Me iocation-Mile roc'K!7-Tj-P
to the house and property lines.
As can be seen from the image above, the reinforced concrete retaining wall proposed would lie
in the same location of the first 6ft of the rockery wall and continue straight for approximately
MIN&T.o.th the existing and 1'i •1osed retaining walls have maximum h-,i i jghLQLM-(finished yrade
at base to top of wall).
f erpenaicuuw-i rig :T,. , =191PON
approximately 30ft long. See the image below that shows the 2 walls intersecting each other.
30040 12th Ave SW, Federal Way WA 98023 MODERNO
Page 4 " ENGINEERING
The new reintorced concrete retaining wall and the perpendicular block retaining wall will have
a consistent faqade between the two and a perpendicular intersection that will minimize
structural issues and the owner's current use of space unaltered.
30040 12th Ave SW, Federal Way WA 98023 MODERNO
Page 5 ENGINEERING
:'TT1 =w ,
We request a deviation from the 6ft maximum height.for a retaining wall to 7ft. This deviation
will allow us to replace the existing • wall without sacrificing more than a 100sq.ft. •'
space currently utilized by the owner. This space is essential to his daily access and usage of 41
Mr
Substantiating Items
Using section 19.120-050 as a guide and referencing the Structural Calculations document
,�,R*tr;mb&Mn9- komimwtq@Kcwfirm-the-foLAowing 2 items describe our substantiation
for the request.
The proposed modification will result in the same or less impacts than meeting the
standards;
The proposed design will more closely resemble the original structure and reduce wasted
material and space. In addition, going from Oft to 7ft in a comer of the house not visible
from the street or neighboring properties, will not change its aesthetic properties.
The proposed modification will meet or exceed the intent of this article;
The proposed design is structurally sound and meets the same level of safety and quality
than any equivalent 2-step Eft maximum height retaining wall.
30040 12th Ave SW, Federal Way WA 98023 MODERNO
Page 6 " ENGINEERING
FILE
City of Federal !Tfay
333258 1h Avenue South
Federal Way, WA 98003-632-"
CONFORM
20191204001449
coVENANT Ree: $104.50
12J4/2019 3.24 PM
KING COUNTY, WA F ECEIVED
ATTN: Planning Division CrrY OF FEDERAL WAY
COMMUN" DEVELOPMEW
RESTRICTIVE COVENANT
Grantor (s): Brian H. Gorski owner
Grantee (s): CITY OF FEDERAL WAY, a Washington municipal corporation Legal
Description:
King County Assessor's Tax Parcel ID#: 515320-0481
This Restrictive Covenant ("Covenant") is made by Brian Hunter Gorski ("Grantor") for th4
purposes of recording a restrictive covenant covering certain real property commonly known as
30�040 lVh &SW. Federal Wim W�shi m %021, and legally described as follows:
MAR11B "T'JETIT'
PLat Block: 5
Plat Lot: 17
A. Grantor has made application to the City of Federal Way under City of Federal Way Permit
building, which building permit application plans show a second story area labeled as Gorski
Resident Garage Remodel; a second story additional area 1024 square feet enclosed by a door
on the second floor. This second floor of thr, detached accessory building is not an Accessory
Dwelling Unit (ADU). The second story area is not an Accessory Dwelling Unit ("ADU") as it
does not include cooking facilities.
WTV R11111411
inaepenaent living iacinrj esciisrlvij Tur ME Y77TMJ7M-T7r"11 X7!=V1 71-1-11 •C
unit may be located on the subject property, and an accessory dwelling unit may be permissible
subject to meeting all applicable FWRC requirements.
NOW, THEREFORE, Grantor agrees as follows:
1. Use of SinizleRamif Dwelling. Grantor agrees that the Property shall at all times be used
exclusively as one single-family dwelling unit and the second floor of the accessory structure shall
not be converted into an ADU without city approval. Per FWRC 19.05.010, an ADUis- defined as
a structure accessory to the main dwelling unit, providing complete, independent living facilities
exclusively for one single housekeeping unit, including permanent provisions for living, sleeping,
cooking, and sanitation. Per FWRC 19.200.180, the ADU shall contain between 300 — 800 square
ADU
feet, but shall not exceed 40 percent of the square footage of the primary dwelling unit. Any
must meet all applicable standards of the FWRC relating to ADU including but not limited to size.
This Covenant shall not prohibit the Grantor from applying for a permit to establish an ADU.
2. Successors and _Asssign.s. This Covenant shall be binding upon -and shall inure to the benefit
of Grantor's successors in interest, heirs, gran' tees, or assigns.
DATED this f day of 20
City of Federal WaV_
By: &�,_
rector of Community Development
Grantor
By:
-efian . Gorski H LIU
H
STATE OF WASHINGTON
COUNTY OF411 "LP
- N—
I
On this da!WaLjQ=JL,! avpeared before me, 4
tome
known to be the individual described in and who executed the foregoing instrument, and on oath
swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act
and deed for the uses and purposes therein mentioned. .1
GIVEN my hand and official seal this
Notary's printed name
CITY Of
Fbderal
Centered on Opportunity I
Tdr. Brian Gorski
30040 126 Avenue SW
Federal Way, WA 98023
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www. cityoffederalway. com
Jim Ferrell, Mayor
I I I I!I DivisiON
Gorski Structure Addition Above Garage, 30040 12d, Avenue SW, Federal Way
I hove been assigned to review the above referenced proposal for compliance with the bederal l 'a Revived
Code (FV CM) for zoning cornpii nce. In summary, (lie perrniit application is to construct a 1,024 square foot
addition atop an . isting single -story detached garage.
Based on records for the property and in the application materials, the building addition as proposed would
result in the detached garage being larger than the e asting prs•.n ary residential structure, This permit
application cannot be approved, as proposed, dace to the sire of the detached garage being larger tl�ars-the
%ingle-farnily residence (principal structure) on the property.
leing County records indicate the existing single-family residence is 1,200 square feet in size. The pennit
application site plan indicates the roof area at the naain.house is 1,732 square feet° "[lie site plan references the
1,732 square footage (reference permit 6-1051 S -SF), However, it appears the houseaddition proposed
under permit 16-105189-SF Naas< of constructed. You will geed to clarify square footage of the existing
residence (principal building).
than the principal building on subject property.
C1 2 0 Accessory cases, buildings, and structures.
flf Genera3 6° . As lr°rrrited bar this rection, as rxrog uses, buik in, y, sand a°tructarr .t raorma4ly iassotiated with ar permitted itted use,
bw7din , of siniatrta-e are permitted as lxtrt t f lbat use, building, or stnechor. Acce sog ums, buit°dir s, or strzadaa a must be
clearly secondary to the permitted principal user, buil"dirl, r„ or structures.
() Autborzty of dirrc°tor The director arf co rrtrvnity development semices is aaathori ed to determine f f as particular aaca ssoy use,
baailala`n,gorsenu tore is normal r aassodaled with, cleaarl secondary to, and acluaal"l arciersag to tlae parrtiaralirr^ pernartted Tina al
use, building, or structure.
j A c easory ba ild ra ,d limit r. fiotir tfre tolaal, re,rf floor axavar and footprint of an accessory b,�aildt` t mu rt be less than the total
,gross f7avr area and fooaprinl of the primiparl buil&ir g on the sub, f eel property, respestas ly.
I Mr. Bri
an Gorski
Page 2 of 2
July 9, 2019
At this time you will need to provide additional information and data regarding the existing and proposed
building structure sizes if the above referenced existing and proposed building sizes are incorrect. In order to
meet the zoning code requirements, the accessory structure must be smaller than the principal structure as
identified above.
ADU — Please note, in addition to the comment above regarding the building size, the second story of the
proposed detached structure appears to resemble a dwelling unit, or accessory dwelling unit (ADU) as the
notes on page A-0 reference sleeping rooms and the floor plan includes bathroom facilities, rooms with
closets, etc. Either the structure will need to be designed, constructed, and permitted as an ADU pursuant to
RVRC 19.200.180and FWRC 19.265,020, or alternatively, you can record a private covenant documenting
that this structure will not be used as an U.
Please note that the city through this letter is not reviewing the addition as an ADU, and the structure as proposed
may not meet ADU zoning standards and may exceed size linifts and other zoning requirements for an ADU.
An ADU covenant template draft is enclosed for your information and potential use, and would need to be
completed and recorded prior to the issuance of the building pen int. If you opt to proceed with the covenant,
then sign and notarize the covenant (black ink only) and insert the legal description of the property in two
places. The covenant document must be single sided. Submit the notarized and completed covenant and city
staff will sign it as required and return it to you to record at King County Records and Elections.
Please note that the city through this letter is not reviewing the addition as a h orne occupation, and the
structure as proposed may not meet home occupation zoning standards and may exceed size Emits (1,000
square feet for home occupation in detached structure) and other zoning requirements for a home business.
All above referenced codes can be found at
Please note that the Building Division has not conducted their review of the per it application at this time.
If you have further questions, or need additional information, regarding these comments, please contact me at
253 835-2652,
Sincerely,
(Lfi'tri Harris
Senior Planner
enc: ADU Covenant Template
Greg Kirk, Building Division Plans Examiner
N 102361CW'S1El-, 14), 79356