14-104336RECEIVED
COMMUNITY & ECONOMIC DEVELOPMENT DEPARTMENT
AUG 2 5 2014 33325 8'' Avenue South
Federal Way, WA 98003-6325
CITY of 253-835-2607; Fax 253-835-2609
CTY OF FEDERAL WAY w-,Aw.citvotTederalway.com
Federal V'Vay
SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT
EXEMPTION APPLICATION
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File # � f ao f
TO BE COMPLETED BY APPLICANT
Project Name:
Project Address: , �! { '�[ 1 �' I Fe0-
Applicant.
Mailing Address: gL-31 0c7 . 301
Phone Number:'�l E-mail: fwv
Description of Project: T),er-% P-G w
Meets the criteria for exemption under which section of * WAC 173-27-040:
*Washington Administrative Code online: aens.leg.wa.gov
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Applicant's Signature Date
-4 (05,150
Bulletin #143 — March 25, 2013 1 of 2 k:\Handouts\Shoreline Exemption
TO BE COMPLETED BY STAFF
1)
The proposed development is consistent with Section - of WAC 173-27-040
and is therefore exempt from the Substantial Development Permit Process.
( Yes ❑ No (explanatory narrative attached)
2)
Proposal requires:
Yes No
❑ Z Shoreline Variance
❑ 19 Shoreline Conditional Use
❑ II Review, Approval or Permit by other State or Federal Agency
3)
Proposal complies with applicable provisions of the City's Shoreline Master Program.
X Yes ❑ No Con cjition(s) attached: ❑ Yes 24 No
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4)
In accordance with FWRC Section 15.05.130, this application is hereby: /q!-. I.f
19 Approved ❑ Denied
Director, Community & Economic Development Da
Distribution:
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Applicant
❑
Owner
®
File
❑
Outside Agency
Bulletin #143 — March 25, 2013 2 of 2 k:\Handouts\Shoreline Exemption
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Stacey Welsh
From:
Isaac Conlen
Sent:
Thursday, July 03, 2014 3:17 PM
To:
'Ken Conder'
Cc:
Stacey Welsh
Subject:
RE: Deck Permitting Issues
Hi Ken,
Stacey and I looked through our code provisions again and I also discussed your situation with my boss. The conclusion
we reached is that the code would not allow you to make additional vertical improvements on top of the existing
concrete patio - waterward of the stringline in the configuration you have proposed (see below for another option).
You can replace your existing handrails at the same height.
We would allow you to somehow repair the cracking in the patio surface by adding a top layer of concrete or similar
material in the minimum amount to create anew smooth surface( a few inches).
There is another option that may accomplish some of what you are requesting. Federal Way Revised Code (FWRC)
15.05.080(ii) allows an owner to construct an accessory structure up to 150 sf in size and not more than 8-feet in height
within the setback area. If you modify your proposal by detaching the lower deck from the upper deck (and thus the
primary structure) you would be allowed to build 150 sf of new deck on the existing concrete patio (provided it does not
exceed 8-feet in height). The new lower deck would need to be a completely detached structure (meaning the stairs
could not connect the upper and lower deck).
I realize this solution does not entirely accomplish your desired outcome, but it is what you are allowed under City code.
If you choose this option, I recommend you shoot us a sketch before getting too far into it so we can make sure
everybody's on the same page in terms of understanding what's allowed.
The full scope of the work you are doing needs to be reflected in the building permit application and shoreline
exemption request form.
Please let me know if you have any questions.
Have a great 41h of July holiday weekend.
Isaac
253 835 2643
From: Ken Conder [mailto:kcc4077@hotmail.com]
Sent: Wednesday, June 25, 2014 7:12 PM
To: Isaac Conlen
Subject: Re: Deck Permitting Issues
Isaac,
Thanks for the information.
A site visit is a grand idea.
My contractor and I are available any time Monday or Tuesday.
Please let me know what works for you.
My cell number is 2063512093. My contractor can be reached at 2068414094.
Thanks
Ken
Sent from my iPad
On Jun 25, 2014, at 2:01 PM, "Isaac Conlen° <Isaac.Conlen@cityoffederalway com> wrote:
Hi Ken,
Good speaking with you this morning. You clarified for me that the much of the deck you are proposing
already exists, including the majority of the 2"d story deck. This is a follow-up email as promised.
Shoreline Setback
The main issue we need to resolve is understanding if the proposed improvements meet the shoreline
setback requirement. As I said, the shoreline setback is a stringline setback. This means it is measured
by drawing a line starting at the forward most (point closest to the water) projection of the primary
structure (including an attached deck) on the adjacent lot on one side of your lot to the forward most
projecting portion of the primary structure on the adjacent lot on the other side of your lot. The
resulting line that crosses your property is your setback line. You are not allowed to make new
improvements past this line. This is true even if the existing patio extends past the line and you're
building in that footprint. I've pasted the definition of stringline from the code as well;
"Stringline setback" means a straight line drawn between the points on the primary structures having
the greatest projection waterward on the two adjacent properties. If one of the adjacent properties is
unimproved, the line shall be drawn to the point of the standard shoreline setback at the side property
line of the unimproved lot.
Part of the problem we were running into is the submitted site plan does not fully differentiate between
existing and proposed improvements. In order for us to make the setback determination we need a
scaled site plan that depicts the three lots, the location of the structures (including attached decks) on
each lot, the location of your existing improvements, the location of your proposed improvements, the
stringline setback and the lake edge. To the extent that your proposed improvements extend into the
setback area, we can then discuss your options (essentially you can repair/replace existing
improvements, but not build new or taller improvements).
Shoreline Exemption Request
I am attaching the shoreline exemption request form. As I mentioned it is a requirement of state law
that the City issue a formal exemption for work within 200-feet of steel lake. The fee for this approval is
$105.50. Please fill out the form, include the fee and return that to the Permit Center.
Wetland Buffers
I didn't get into this issue in our phone conversation, because based on your description of the project it
probably won't be relevant. In the interest of fully informing you see below. Our critical areas map
shows a small fringe wetland associated with the lake edge. Typically, this feature would coincide with
the shallow water near the edge of the lake. We show a 50-foot buffer associated with this
wetland. The reason I don't think it's relevant is:
a) you've indicated that the improvements will be located in areas already improved with
impervious surfaces (patio). Unlike with the shoreline setback mentioned above, you would be
allowed to make vertical improvements within the wetland buffer in 1. cas already improved
with impervious surfaces (like the patio), but only to the extent such is consistent with the
above shoreline setback; and
b) Your improvements maybe more than 50-feet from the wetland edge in which case the buffer is
a moot point. The site plan referenced above should clarify this issue.
Side Yard Setbacks
Also, be aware your side yard setback on each side is 5-feet.
Given the variety of issues here I think it would make sense for us to do a site visit. That would give us a
better sense of what's existing, what's proposed and what your options will be. I would have some time
early next week and I'd bring my staff person that's working on this one. Let me know if you have any
time next week. Or, if you grant us permission to come around back, we don't need you to be there.
Notwithstanding the site visit, please ask your contractor to get going on preparation of the site plan
and fill out the shoreline exemption request form. Thanks for your patience on this project.
It gets into some complicated regulations so feel free to contact me if you (or your contractor) have any
questions.
Best,
Isaac
253 835 2643
<143 Shoreline Exemption Application.doc>