16-101157CITY OF
1. Federal Way
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
wwwcityoffederalway. com
Jim Ferrell, Mayor
Mr. Joe Borrelli April 5, 2016
4326 SW 307th Street FILE
Federal Way, WA 98023
Re: Files 16-101157-00-AU and 16-101146-00-SF; PLANNING DIVISION TECHNICAL REVIEW
Borrelli Accessory Dwelling Unit; 4326 SW 307th Street, Federal Way
Dear Mr. Borrelli:
The Department of Community Development has completed review of the Accessory Dwelling Unit (ADU)
application submitted to the city on March 7, 2016. The ADU application cannot be approved as it does not
meet applicable zoning regulations.
FINDINGS OF FACT ON ADU
The ADU cannot be approved as discussed in findings 1 - 3 below. The following findings are based on site,
floor, and elevation plans by Grimit Architecture received with the ADU application on March 7, 2016.
Proposal— The applicant proposes to construct a detached two-story garage, which contains an ADU on
the second floor, above the first floor garage. The detached structure is proposed at 4326 SW 307th
Street, Federal Way. The subject property is currently developed with a single-family residence.
2. Zoning— The subject property is a 1.7-acre (73,418 square foot) lot located within a single-family low -
density residential comprehensive plan designation and Suburban Estate (SE) zoning designation.
3. Minimum Lot Si.Ze — The subject property is approximately 1.7-acres in size. The minimum lot size for an
accessory dwelling unit use within the SE zone is five -acres. As the subject property does not meet the
five -acre minimum lot size requirement, the ADU cannot be approved. Specifically, the ADU zone use
chart, Federal Way Revised Code (FWRC) 19.195.180 note 1 states in part, "minimum lot size forADU's is based
upon the minimum lot side for the existing primary dwelling unit as set forth in FWRC 19.195.010." The zone use
chart FWRC 19.195.010 for a detached dwelling unit requires a five -acre minimum lot size.
The existing single-family residence on the subject property is considered a permitted use as it meets the
buildable lot standard of FWRC 19.105.010, which code section permits as an exception (a detached
dwelling unit on a lot or parcel regardless of the size of the lot), subject to other requirements of this
section. However, the buildable lot standard does not apply for an ADU.
In light of the fact that the city cannot authorize an ADU at the subject property, you may be able to
construct a two-story detached accessory structure that does not meeting the definition of an ADU; provided,
the Planning Division comments below are adequately addressed prior to issuance of the building permit. The
lot coverage standard discussed below is a major issue that needs to be resolved.
Mr. Joe Borrelli
Page 2
April 5, 2016
4. The owner would need to provide the city with a notarized and recorded affidavit, certifying that the
detached structure will not be used or occupied as an ADU. The form and content of the affidavit would
need to be reviewed and approved by the'city prior to recording this document at King County.
5. The detached building cannot contain all of the,elements of an ADU, which by FWRC definition include:
permanent provisions for living, sleeping, cooking, and sanitation. The building as proposed does not
show a kitchen on the floor plan, so technically it is not an ADU as proposed.
Detached Bmildrnrg Sibs — Pursuant to FWRC 19,265.010, both the total gross floor area and footprint of an
accessory building must be less than the total gross floor area and footprint of the principal building on
the subject property, respectively. The primary residence on the property is 3,120 square feet in size as
noted on the site plan.
The proposed size/Eloor area of the two-story detached structure is identified as 3,094 square feet on the
submitted plans. However, further information and clarification of plans, and clarification of proposed
floor area of the two-story detached structure is needed to verify the actual size of the proposed detached
structure. Please advise how the square footages of the two floors are different sizes on the submitted
(square footage), so we can confirm the total gross floor area is smaller than the primary residence.
6. Required Yards & Height —As depicted on the site plan, the proposed new two-story detached structure
and associated improvements, including the stairway, meet the required 30-foot front yard, and 10-foot
side and rear yard setbacks.
The applicant would need to provide additional information and details regarding the proposed building
height in order to determine compliance with the maximum 30-foot building height standard. The
building height calculation would need to be depicted on plans in accordance with FWRC definitions of
Height of St wafire and Average Building Elevation. The building height is not correctly depicted or calculated
on the submitted plans.
7. Lot Coverage —The site plan as proposed exceeds the maximum 10 percent allowable lot coverage
standards of the zone use chart FWRC 19.195.010 and cannot be approved. The calculation shown on
the site plan does not meet applicable code requirements and needs to be revised to meet the lot coverage
standards in the FWRC. It appears that required revisions to the lot coverage calculations that reflect
proposed site improvements will result in the site plan exceeding the 10 percent maximum coverage.
Specifically, pervious pavement as proposed is counted at a rate of 50 percent coverage, similar to grass
grid pavers as allowed in FWRC 19.110.020(2). Therefore, the 2,175 square feet of pervious pavement
would count as 1,088 square feet of impervious area. The addition of 1,088 square feet of impervious
surface would result in the site exceeding the 10 percent maximum lot coverage. In addition, we need to
see a more detailed site plan, specifying all the sizes of all impervious areas, including gravel, driveways,
decks, structures, etc. in order to further verify the lot coverage.
In order to approve a lot coverage exceeding 10 percent as allowed in FWRC 19.195.010, a variance land
use application would be required. There are two different potential applicable variance processes as
summarized below.
In summary, a Process III administrative variance could be requested to permit up to 12.5 percent lot
coverage (25 percent of the measurable standard) rather than the code required 10 percent maximum
coverage. This process III variance application requires an application fee, public notice, and.a decision
Doc. I.D. 72899
FL #1G-101157-00-AU
Mr. Joe Borrelli
Page 3
April 5, 2016
by the Community Development Director based on the criteria of FWRC 19.45.030. The burden of
proof for meeting the variance criteria is on the applicant.
In summary, a Process IV variance application could be requested to permit more than 12.5 percent lot
coverage. A process IV application requires an application fee, public notice, public hearing, and
decision by the Hearing Examiner. The Hearing Examiner is required to review any process IV
variance application based on the criteria of FWRC 19,45.030. The burden of proof for meeting the
variance criteria is on the applicant. Under this process IV scenario only, the applicant could also
request a variance to the minimum lot size for an ADU.
If you would like further information on the Process III or Process IV variance, I would be glad to
discuss this with you and provide you with further information. If you will be pursuing one of these
options, you will need further information from city staff as the information above is only a summary of
the variance process and requirements.
8. Water & Sewer— Water and sewer connections would require approval by Lakehaven or Tacoma Utility
District.
9. Other Department and Agency Review —The proposal will need to meet all applicable requirements of the
Building Division and other agencies including, but not limited to, the South King County Fire & Rescue.
BUILDING PERMIT REQUIRED
This correspondence does not constitute building permit approval. Comments numbers 4 —10 above must
be adequately addressed in order for the Planning Division approval of the building permit application #16-
101146-00-SF. Additional building code regulations apply to the proposal, and will be identified by the
Building Division.
CLOSING
All code references above can be found in the FWRC at www.codepublishing.com/WA/FederalWay/.
If you have any questions regarding this correspondence, please contact me at 253-835-2652, or
jirn.harris@cityoffederalway.com.
Sincerely,
J2" v -"1
-:s-
City Planner
Enc: Variance and Process IV Handouts
C Isaac Conlen, Planning Manager
Peter Lawrence, Building Plans Examiner
Kevin Peterson, Engineering Plans Reviewer, Public Works Development Services
Michael Grimit, 516 Wana Wana Place NE, Tacoma, WA 98422-1732
File #16-101157-00-AU
Doc. I.D. 72899
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ZONING/ SITE DATA Federal Way
CODE REF.
i CLASSIFICATION SIZE-w iSIZE-d
SF AREA ALLOWED
Parcel Number- King County
112103-9059 120 fe,l 615-86 feet 73,418 mg k.7 Auas') Pre-exiOng condition
Zoning per the City of Federal Way
(SE) Suburban Estate 120 feel 61518 feet 73,4la sf ' 1.7 Acresi 5 Acres minimum
(SE) Suburban Estate
Lot Coverage-10%
73,418sf 'x.10 .7.342si
Existing Home Size
Footprint 42 Feel 35 fail
15124W 1608 sf
I1608
Proposed Garage
Footprint 45 feel '35 reel
1575 � sf ALLOWED
Existing Home Size total
Basement+ Mein Floor
16H +1512= 3,120 sf
Existing garage Site total
Sasemedt Garage + IL,derground
240 +720= 960 sl
�Propo3adGaragcoGlal
Garaga +SWragP.lADLI
1575+1509- 3.084sf
Existing plus proposed total
Ex,sling 4.005 sf f PropasNJ 3.084 sf
3,0B4 sf < 4008 sf ALLOWED
9*vng Imperviolrs building area
1,608 house 080 garge
2.568 sf
Existing frn"Ious gravel L paver area
3.021 sf
PropC frnNrvlaus area
Garage Only d6jaway Pervious Carr, (Pervious = 2.175 sq
1.575 sf 7.164 sf
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Lot Coverage-10°/i I
7.342 sf, 7164 sf ALLOWED
f1687omilm Height Calculation
30 feel max. F.ErA Ekemtion' 103.75l0 111.13
7.382=3.69+ 103-75= 107.44
North Ele6,aVan' 111.13 to 115.07
3.942=1.97+ 111.13= 113.1
South Elevation 103.75 to 105.78
2.032=1.015+ 103.75= 104.765
West Elevation 105.78 to,115.07
•9_292=4.645+ 105.78= 11 OA25.
Total
435.7514
Average Grade Assume 109.00 for drawing
10893
BuildingHeighFFF113.5+12fL+8fL+58 138A- ;109=
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RECEIVED
MAR 07 2U16
OTT Of FEDERAL WAY
CD5 DESIGN BY:
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RECEIVED
41kMAR 0 7 2016 DEPARTMENT OF COMMUNITY DEVELOPMENT
Federal
W Avenue South
Federal Way, WA 98003
CITY OF40'::tt=;P CITY OF FEDERAL NAY 253-835-2607; Fax 253-835-2609
CDS ►vryvw,citvoffederalway.c rn
Federal Way
FILE #
ACCESSORY DWELLING UNIT (ADU)
FEE: Contact the Permit Center at 253-835-2607, or ermitcente ci offederalway.corn
sF
RELATED FILE #s: r ��
Address: 0
Daytime Phone: (EZ2�2) I�o?2 ?;4QS Tax Parcel#: rr4
Zoning: �J Lot Size in Square Feet: ST
Type of ADU: ❑ Attached V16etached Is this a: VNew ADU ❑ Existing ADU
Existing ADU was: ❑ Approved by King County (Provide a copy of the permit.) ❑ Other
Construction of existing ADU completed in 19__/20
Construction of existing residence completed in 19^/20_
Which is the owner occupied unit: L>1rimary Dwelling Unit or ❑ ADU
Number of square feet: Sf Primary Dwelling Unit 9 r!; �wo ADU
Provide the following information:
W-'Lakehaven Utility District Water & Sewer Certificates of Approval for the New ADU p�IM
g County ❑ Kin Coun Public Health Department Approval (if septic) V-4A 61 IT
*#Veating Type: "lectric ❑ Gas ❑ Other
❑ Electrical Capacity: Primary Dwelling Unit ADU
❑ Letter of Application & Deed Restriction (attach)
ADU FLOOR PLAN DRAWINGS (Provide the following; refer to page 3 for an example.)
P'Floor plan of the primary dwelling unit and the ADU
fi'Plumbing (existing & proposed)
P'Mechanical — HeatingNentilation/Air Conditioning (existing & proposed)
ff—Entrances of primary dwelling unit and ADU (existing & proposed)
20'Ceiling Heights/Room Sizes for ADU
2-Elevation of the proposed ADU with the primary dwelling unit
Bulletin #049 — December 21, 2015 Page 1 of 3
k:\I-Iandouts\ADU Application
ADU SITE PLAN DRAWINGS (Provide the following; refer to page 3 for an example.)
cale/north arrow
?"'Lot dimensions
�r_Street/driveway location
C'Primary dwelling unit
ff ADU footprint (if detached) O'Building setbacks from property line
H" Location of utilities & easements N Show location of three on -site parking stalls
P"'Locate the entrance of the primary dwelling unit and the ADU
a"'Calculate the total impervious surfaces coverage for the site (Include the existing and proposed roof area,
driveway, patios, and walkways.)
❑ Other
Al -
DISCLAIMER: I certify under penalty of perjury that the information furnished by me is true and
correct to the best of my knowledge and further, that I am authorized by the owner of the above
premises to perform the work for which the permit application is made.
rl
,,signature of Applicant Date
WAIVER: Approval of the ADU Land Use Application does not constitute approval of the building permit.
Application and approval of the building permit is a separate process.
OFFICE USE ONLY
❑ ADU Status: ❑ Legal Nonconforming per FWRC 19.30.140 ❑ New ADU
❑ Assigned Address of ADU
❑ Deed Restriction/Letter of Application Rec'd ❑ Recording Number
❑ Other
Approved by Date
❑ Conditions of Approval
Bulletin #049 — December 21, 2015 Page 2 of 3 k:\Handouts\ADU Application