04-103216CIT
Ak Federal Way
September 14, 2004
Mr. Marlin Gabbert
Gabbert Architects
18806 Bothell Way NE
Bothell, WA 98011
FILE
CITY HALL
33325 8th Avenue South • PO Box 9718
Federal Way, WA 98063-9718
(253) 835-7000
www.cityoffederalway.com
RE: File No: 04-103216-000-00-UP; REQUEST FOR ADDITIONAL INFORMATION:
Horan Real Estate, 33903 Pacific Highway South, Federal Way
Dear Mr. Gabbert:
On August 12, 2004, the City of Federal Way Department of Community Development Services
received your proposal to modify the existing fagade and roofline of the Horan Real Estate Office
Building, located at 33903 Pacific Highway South, and to reconfigure existing parking at the front
and rear of the building.
On September 8, 2004, the Development Review Committee met to discuss your proposal. The
following technical comments are based on that review:
Owner Signatures — According to the King County Assessor's information, the subject
property is owned by Curtis and Elizabeth Nelson. The property owner's signature must be
provided on the Master Land Use application, or a letter of authorization for you to represent
the owner, provided to the City. If Mr. Harry Horan has recently purchased this property, a
title report showing ownership must be submitted.
2. Existing Nonconforming Use — The property in question is an office use operating in a
Business Park (BP). Pursuant to Federal Way City Code (FWCC) Section 22-872, Office use
(enclosed), an office use in the BP zone may be allowed on a parcel that is less than two
acres provided the lot lines defining the lot were lawfully created prior to March 1, 1990,
and the applicant has not owned any contiguous lots since March 1, 1990. The subject
property does not meet this criteria, in that, according to King County Assessor's
information, Curtis and Elizabeth Nelson own both the subject property and the property
abutting the subject property to the west (33905 Pacific Highway South). As such, the
existing office use is determined to be a nonconforming use in the BP zone.
Pursuant to FWCC Section 22-332, any nonconforming use must be terminated if the
applicant is making structural alterations or increasing the gross floor area of any structure
that house or supports the nonconforming use. The proposal, which includes adding a five-
foot tall pitched roof to the structure and reconfigured exterior stairwell, will both
structurally alter the existing building, and increase the square footage of the structure by 93
Mr. Gabbert
September 14, 2004
Page 2
square feet, according to the submitted architectural plans prepared by Gabbert Architects.
As such, the proposed structural alterations and gross floor area expansion are not permitted.
Please be aware that except as identified above, an applicant can propose to make changes
or alterations or do work, other than normal maintenance, in any 12-month period, to a
nonconforming use, only when that change, work or alteration does not exceed 15 percent of
the assessed or appraised value of the structure. This requirement would apply to all tenant
improvements to the interior of the structure, and to the proposed revisions to the parking
area. If you choose to pursue the parking lot revisions, as described below, please submit a
valuation of the structure, as well as an itemized cost assessment of all proposed work to the
parking area. Please be aware that according to the King County Assessor's office, the
current assessed value of the structure is $289,000.
3. Proposed Parking Reconfiguration, Barrier Fence, and Egress Easement — The applicant
has proposed to erect a fence along the north and west (rear) property line of the subject site,
effectively separating the property from the adjacent property to the west. Please be aware
that the submitted site plan inaccurately depicts the existing ingress/egress and utility
easement (King County Recording Number 9210272854). Please refer to the enclosed copy
of the Boundary Line Adjustment that was recorded on January 26, 2004. Given the location
of the easement, the fence, as proposed, would not be permitted in that the southern most
portion of the fence extends into the recorded ingress/egress easement.
If the applicant chooses to relocate the fence outside of the existing easement, the following
technical issues would apply. In erecting a fence along the western property line, the
existing 90-degree parking stalls adjacent to the building would no longer be accessible. The
applicant has proposed to angle five stalls at a 45 degree from the building. This would only
permit a drive aisle width of 11.3 feet, which does not meet the code standard of 13.5 feet
when the stall width is 8.5 feet. Any proposed parking reconfiguration would be required to
meet code standards (please see enclosed handout on Parking Lot Design Criteria).
In addition, please be aware that a van accessible parking stall is required to be provided on
site when existing parking is proposed to be realigned (see enclosed handout on Accessible
Parking). No van accessible parking stall was indicated on the submitted plans.
As a matter of note, please be aware that the configuration of the January 26, 2000 BLA,
presumed a 35-foot front yard setback from the easterly property line for the existing
structure on the adjacent lot. Pursuant to FWCC Section 22-866, Special Regulations and
Notes 2, retail establishments providing vehicle service, repair, or painting may not have
parking in the front yard setback when that setback is less than 50 feet. I have enclosed a
May 18, 1999, Notice of Incomplete Application for Boundary Line Adjustment, from
Marion Hess, Senior Planner, to Harry Horan, which describes this setback requirement in
Item 1 of the letter. Any violation of this requirement can be reported to Martin Nordby,
Code Compliance Officer, at 253-661-4121.
04-103216 Doc ID 28794
Mr. Gabbert
September 14, 2004
Page 3
4. Building Code Violation — Please refer to the enclosed memorandum from Scott Sproul,
Plans Examiner, for information related to an outstanding Violation Order associated with
fire damage that occurred to the structure in 2003.
S. Lakehaven Utility District Comments — Please refer to the enclosed memorandum from Wes
Hill for Lakehaven Utility District comments.
If you have any questions regarding this letter, please feel free to contact me at 253-835-2644.
Sincerely,
Aanamble
Associate Planner
enc: Boundary Line Adjustment Map
Memorandum from Scott Sproul, Plans Examiner
Parking Lot Design Criteria Handout
FWCC Section 22-872, Office use
Accessible Parking Handout
May 18, 1999, Notice oflncomplete Application for Boundary Line Adjustment, from Marion Hess, Senior Planner
c: Scott Sproul, Plans Examiner
Martin Nordby, Code Enforcement Officer
04-103216 Doc. I.D. 28794
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architects
Planners
January 4, 2005
Jane Gamble
Associate Planner JAA 1"
City of Federal Way
33325 8`h Avenue South
PO Box 9718
Federal Way, WA 98063-9718
RE: File No; 04-103216-000-00-UP; Request for Additional Information:
Horan Real Estate, 33903 Pacific Highway South, Federal Way
Dear Ms. Gamble,
The following are our written responses to your letter dated September 14, 2004 accompanied by
revise plans. Response corresponds to the member assigned to your comments.
1. Letter will be submitted under separate cover.
2. Plans have been modified to eliminate all additions or roof structure except to repair fire damage.
A structural beam is added to mitigate structural damage due to fire.
Building floor area has been reduced due the fire.
3. Parking remains as grandfathered. There are no changes.
4. Plans were submitted to correct violation, and were rejected for zoning and comp/plan violations
now resubmitted for fire repairs only.
5. We did not receive a copy of the Lakehaven Utility District Comment — we are only making fire
damage repairs not asking for utility service.
Please call me at 206 367 3600 if you need additional information.
Sincerely,
Marlin Gabbert, AIA, AICP
Gabbert Architects Planners
18806 Bothell way NE Bothell, WA 98011 Tel: 425 482 7987 Fax: 425 483 2628 Toll Free: 1866 482 7987 gap@gabbeilarchitects.com
Jane.Gamble-JG-090904AI1-1uvz16.doc _ Page 1
LAKEHAVEN UTILITY DISTRICT
316271st Avenue South ♦ P. O. Box 4249 ♦ Federal Way, WA 98063
COMMUNITY DEVELOPMENT REVIEW COMMITTEE
FOR THE CITY OF FEDERAL WAY
DATE: September 13, 2004
ATTN: Ms. Jane Gamble
Associate Planner
SUBJECT: Agenda Item No.I (September 13, 2004)
Horan Office Remodel and Parking Lot Reconfiguration
MAJOR ISSUES: See Below
Lakehaven Utility District (Brian I. Asbury, 253-946-5407, basbury@lakehaven.org)
Water Issues:
1. None.
Sewer Issues:
2. Depending on the extent of parking lot and/or landscaping modifications, cleanout elevations may
need to be adjusted, and the existing service line protected during reconstruction. Accordingly, a
"Side Sewer Repair Permit" may be required to confirm the status of the existing side sewer service
prior to and post reconstruction (relative to the potential for and protection from infiltration/inflow).
See Item No. 3 below
3 . The property owner will need to submit for Lakehaven Utility District review documentation of the
following for the existing sanitary sewer service connection (side sewer stub) from the existing
building to the Lakehaven Utility District's sanitary sewer main::
• Private easement across the abutting property to the west.
• A joint use and maintenance agreement between the property owners of the buildings served by
side sewer stub across the abutting property to the west.
In lieu of the latter for the existing side sewer stub, the property owner will need to apply to the
Lakehaven Utility District for, and construct, a new, independent side sewer connection to the
District's main, and furnish a copy of the requisite easement(s) for District review. Examples of the
requested documents are available for use at the Development Services office.
4 . Furnish a new ingress/egress easement to the District for access to the District's sanitary sewer
main west located on the west side of the property west of the current proposal. The current
proposal appears to preclude full access via the existing 20-foot easement.
General Comments:
5 . The District's Capital Facilities Charges will not apply to the existing building for the proposed
improvements.
JG-090904AII-103216 Page 1 of 1
CITY OF FEDERAL WAY
DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES
DEVELOPMENT REVIEW COMMITTEE TRANSMITTAL
DATE: August 23, 2004
TO: Will Appleton, Development Services Manager
Mary Kate Martin, Building Official
Wes Hill, Lakehaven Utility District
Greg Brozek, Federal Way Fire Department
Geri Walker, Federal Way School District
FROM:
FOR DRC MTG. ON.
FILE NUMBER(s):
RELATED FILE NOS.:
PROJECT NAME:
PROJECT ADDRESS:
ZONING DISTRICT. -
Jane Gamble
Completeness — September 9, 2004
04-103216-UP
Harry Horan Office remodel
33903 Pac Hwy South
PROJECT DESCRIPTION: Proposal to put up a fence along the west property line, thus cutting off the
adjacent property owner from using subject property for parking and
access. We won't allow them to put the parking in as configured, given how
narrow the drive aisle would be, but he could fence his property. Also,
fagade improvements.
LAND USE PERMITS: USE Process II
PROJECT CONTACT: Harry Horan 253-838-0753
MATERIALS SUBMITTED: Site Plan
CITY OF
Federal Way
MASTER LAND USE APPLICATION
RZOARXPARTMWARTMENT COMMUNI% OF COMMUNITY DEVELOPMENT SERVICf:S
33530 First Way South
��� 1 PO Box 9718
(� Federal Way WA 98063-9718
253-661-4000; Fax 253-661-4129
WyJWv �inffeder I ilwr�ll
APPLICATION NO(S) 0 I , to
Im
Project Name om -
Property Address/Location 23 + 03
Parcel Number(s)
Project Description eld
Type of Permit Required
Annexation
Binding Site Plan
Boundary Line Adjustment
Comp Plan/Rezone
Land Surface Modification
Lot Line Elimination
Preapplication Conference
Process I (Directors Approval)
Process 11 (Site Plan Review)
Process III (Project Approval)
Process IV (Hearing Examiner's Decision)
Process V (Quasi -Judicial Rezone)
Process VI
SEPA w/Project
SEPA Only
Shoreline: Variance/Conditional Use
Short Subdivision
Subdivision
Variance: Commercial/Residential
Required Information
r zoning Designation
Comprehensive Plan Designation
Value of Existing Improvements
Value of Proposed Improvements
Uniform Building Code (UBC):
`9 —Occupancy Type
y C011Struction Type
a L1 44- 1
Date
Applicant
L
Name- UAwxr"f ('rpJ41,14--s
Address: 19$016 b 04e L
City/S.Late: .fl,,4.AcJM 1,,,j4
Zip: 9 s o 11
Phone:
Fax: fCA* •—;6�
Email: ioegj)
Signature:
Agent (if different than p cant)
Name:
Address:
City/State:
Zip:
Phone:
Fax:
Email:
S ignature:
Owner
Name: I t NoKAO
Address: ;39 p,,,!$, qq
City/State: �- /wA
Zip: lip
a 3 '
Phone:,
Fax:
Email:. .�
414) A/ef'
6F IV 3
Bulletin #003 — March 3, 2003
Page 1 of I k:\Handouts — Revised\Master Land Use Application