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Jim Ferrell, Mayor
October 28,2015
Mr. Mike Sapp F LE
Paramount Builders Inc.
PO Box 2143
Yelm,WA 98597
Re: File#15-105375-00-AD;HOLDEN ADMINISTRATIVE DECISION
Holden;33017 38th Avenue South,Federal Way
Dear Mr.Sapp:
The city is in receipt of your October 21,2015,zoning inquiry regarding the property at 33017 38th Avenue
South(parcel#6143600110).You submitted a series of seven questions, the answers to which are below.
Zoning& Shoreline Regulations
The site is zoned RS 9.6,Single Family Residential,with a shoreline designation of Shoreline Residential.There
are fringe wetlands along the lake shoreline,which are regulated critical areas.The zoning setbacks are front at
20 feet;side and rear at 5 feet. For this property,the rear yard(lake side) setback will be more than 5 feet,as
single-family residential development on lake shorelines are required to maintain a minimum setback behind
the"stringline setback,"or 50 feet from the ordinary high water mark,whichever is greater. If the site contains
one or more designated critical areas,the setback shall be the minimum necessary to protect such designated
critical areas per Federal Way Revised Code(FWRC) 15.05.040(4). Per FWRC 15.05.030,the stringline setback is:
"Stringline setback means a straight line drawn between the points on the primary structures having the
greatest projection waterward on the two adjacent properties."
The applicant is responsible for providing a wetland delineation and rating report for review by the city per
FWRC 15.10.240.2.The city may have our consultant peer review the submitted report at the applicant's
expense.The city does offer an Optional Direct Services Program;see the enclosed handout.
From review of an aerial photo,it appears that the stringline setback is greater than the 50-foot shoreline
setback. If the stringline setback is applicable,it needs to be established by the applicant,and if it is greater
than 50 feet,applied on the site plan submitted with the building permit(s) for the replacement residence and
garage. However,the ultimate determination of the applicable rear yard setback will be decided by the
outcome of the wetland report and the determination of the stringline setback. If the wetland report
determines a larger setback is required than that of the stringline setback, then the wetland buffer will be the
required rear yard setback.
A shoreline exemption application is required in addition to the building permit submittal. One shoreline
exemption for the house and garage would suffice, even if the intention is to apply for two separate building
permits.
33325 8th Avenue South,Federal Way,WA 98003-6325 • (253)835-7000 • www.cityoffederalway.com
Mr.Mike Sapp
Page 2
October 28,2015
Vegetation Removal
FWRC 19.120.130(2)requires 25 tree units/acre be maintained for residentially zoned property.According to
the King County Assessor,the site is .51 acres in size; therefore, 13 tree units are required to be located on-
site.See the enclosed handout for information regarding tree unit inventory and replacement plantings.The
site plan for the building permit(s)must show trees proposed to be removed,proposed areas of replanting,
and tree protection measures during construction(per FWRC 19.120.160,enclosed).
Tree removal within:;the shoteline etback area requires additional review.Per FWRC 15.05.080(3)(e),the
shoreline regulations require;a vegetation conservation area as follows:
"(e)Vegetation conservation area.The required setback area shall be considered a vegetation
conservation area.Within the vegetation conservation area,no more than 30 percent of the area with
existing native shoreline vegetation shall be cleared,and a minimum of 70 percent of existing native
trees shall be retained.Trees determined by the city to be hazardous or diseased may be removed.
Additionally,the director may allow removal of vegetation exceeding that described above where an
applicant agrees to replacement plantings that are demonstrated to provide greater benefit to
shoreline ecological processes than would be provided by strict application of this section."
You asked about removal of reeds around the dock.This activity is not permitted without approval from the
Washington State Department of Fish and Wildlife(WDFW).There is lake management district for North
Lake that handles designated aquatic plant management.See www.cilederall-way.wa.us/indeLaspx?nid=185
for further information.After contacting those two agencies,draw up a proposed plan for removal and
submit it to the city for further review.
Accessory Dwelling Units
Your letter indicates a detached garage with living area above it would be built first and occupied while the
home is under construction.If the intention is keep the living area above the garage after the home is
complete,then you need to apply for an Accessory Dwelling Unit(ADU).An ADU requires building and
land use approval.There are several requirements,including size limitation,so you will want to design the
ADU carefully as part of the detached garage building permit so that the ADU land use application can be
approved later,see FWRC 19.200.180 and 19.265.020 (enclosed).An ADU has to be accessory to something,
so it could not receive land use approval as part of the initial detached garage building permit.
If you have any questions regarding this letter,please contact me at stacey.welshacityoffederalway.com,or
253-835-2634.
Sincerely,
Stacey Welsh,AICP
Senior Planner
Enc.: Critical Areas Review Optional Direct Services Program Handout
Calculating Tree Units in RS Zones Handout
FWRC 19.120.160
FWRC 19.200.180
FWRC 19.265.020
ADU Handout
c: Russell&Kristine Holden,3341 33rd Place South,Auburn,WA 98001-9647
Fde k1 5-10 5 37 3-00-AD Doe.I.D.71339
A!] f5-- 1 tr375
Isaac Conlen
To: MikeatPB1@comcast.net
Cc: gasketsnw@hotmail.com; kimclifton@wpmsouth.com
Subject: RE: 33017 38th Ave S Parcel 6143600110
Morning Mike,
Got your email. In this area you are dealing with our typical zoning regulations and our shoreline overlay zoning.You
may also have some wetlands on the property so that would be an additional level of regulation.We can answer your
questions in a general sense. If you have some concept drawings of what exists and what you want to build-that would
allow for more specific responses on some of your questions. Let me know if you want to follow up with that
information or if you want us to just proceed with a higher level response.
Best,
Isaac Conlen
Planning Manager
253 835 2643
From: MikeatPBl@comcast.net[mailto:MikeatPBICa>comcast.net]
Sent: Wednesday, October 21, 2015 8:45 AM
To: Isaac Conlen
Cc: mikeatpbi@comcast.net; gasketsnw@hotmail.com; kimclifton@wpmsouth.com
Subject: 33017 38th Ave S Parcel 6143600110
Good morning Isaac,
I was in to the planning counter to ask some questions regarding Parcel #6143600110 and was given
your card so that I could email my questions to you.
This is a parcel on North Lake with an existing house and detached garage. Their plan would be to
build a new house and garage. In saying that:
1. What are the set backs from the lake, sides and street?
2. Does the existing structure help us as far as setbacks?
3. I've been told that the lake setback line follows the adjacent neighboring house roof lines, true?
4. There are several trees on the property. Some are in the window of the new (proposed) building
area. What are the rules for tree removal?
5. Are there any restrictions for removing trees that are closer to the lake?
6. If the garage is built first with a living area above it to be lived in during construction of the house,
can that living area remain there after the house is built? In other words would this be looked at as
two "dwellings" on the property?
7. Who would I direct the question of removing some of the reeds surrounding the existing dock?
i
Thank you,
Mike Sapp
Paramount Builders, Inc
253-606-7313
2
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Date: 10/26/2015