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12-104172CITY OF CITY HALL Federal Way 33325 8th Avenue South Feder _ FecJeral Way, WA 98003-6325 J` =� (253) 835-7000 www. cityofi ederalway, com October 18, 2012 Mr. Robert A. Bessler 2854 SW 300'b Place Federal Way, WA 98023 FILE Re: File #12-104172-00-SH; EXEMPTION DENIED Bessler Boat Launch Exemption Request; 2854 SW 300th Place Dear Mr. Bessler: This letter is written in response to your request for shoreline exemption for repair of a rail, boat launching system that is associated with a small boathouse located at the above referenced property. Washington Administrative Code (WAC) 173-27-040(2)(b) exempts, "...normal maintenance or repair of existing structures or developments" from the need to obtain a shoreline substantial development permit. Among other things, the exemption states that the repair must take place, "...within a reasonable period after the decay or partial destruction." Based on statements from a neighboring property owner, we believe the launching system has been decayed to the extent that it has been unusable since at least 1973. This is a period of almost 40 years. We do not believe that 40-plus years was intended to be considered a reasonable period by the authors of the legislation. Therefore, the exemption request is denied. Please either remove the recently installed rail improvements or apply for a Shoreline Substantial Development permit, as we have discussed previously. Do not hesitate to contact me if you have any questions. I can be reached at 253-835-2643, or isaac.coneln@cityoffederalway.com. Sincerely, Isaac Conlen Planning Manager Doc. 1 D. 62450 1 Isaac Conlen From: Rob Bessler <rbessler@soundphysicians.com> Sent: Thursday, October 11, 2012 1:06 PM To: Isaac Conlen Subject: RE: Thanks Isaac for the note I am also troubled by the potential conflicts of interest with one of the neighbors association with city hall. Not sure I can do anything about that it but it certainly complicates things for me to see this through to a reasonable conclusion. I stand by my prior explanation that I interpret a reasonable time as the time it took me to repair it as reasonable from when I moved in and made the same structure functional from nonfunctioning. I would like to see the evidence that shows what the neighbor is stating and being used as the "proof" to back the exemption direction you stated as a courtesy you are headed. Thank you Rob From: Isaac Conlen mailto:Isaac.Conlen cityoffederalway.coml Sent: Thursday, October 11, 2012 12:18 PM To: Rob Bessler Subject: RE: Hi Rob, Following up on our telephone conversation from this morning. The permit process, required to make this improvement is a Shoreline Substantial Development Permit (SSD). This is an administrative permit (no public hearing). Mailed, published and posted public notice is required. The base fee is $2,742,50. If the value of the work exceeds $15,000, then the permit fee increases by $690. By the way, what did the work cost? Federal Way Revised Code (FWRC) 15.05.140 (availabl,- on city webpage) identifies the application submittal requirements. I'm attaching the Master Land Use Application (check the box for Process III). I've also attached an informational handout explaining how to obtain the mailing labels needed for the public notice mentioned above. Typically we require a pre -application conference prior to submittal, but I will waive that in this case. The relevant coda section is FWRC 15.05.220(1), which, as you may notice, does not contain a time limitation in terms of when the repair can take place. - I just saw your 'last email. That flyer describes King County's process. Ours is similar I would say — all this stuff is controlled by state law, so it's going to be pretty equivalent. That's definitely your right to appeal -.,r exemption decision. To be clear, the for,,.al exemption decision has not been issued yet - my call was a courtesy to let you know where we're headed and about the other options you have. Let me know if you have any questions. Regards, Isaac 253 835 2643 From: Rob Bessler fmailto:rbesslerCcosoundphysicians.com] Sent: Wednesday, October 03, 2012 3:04 PM To: Isaac Conlen Subject: Isaac, Thank you for your call. I have researched and discussed this further. Based on my estimate when I bought the property and the worsening decay since purchase from the prior owner and the time frame it took to get the permitting done for the residence, I believe I am making the repair in a reasonable time frame. I hope that justification is helpful . Rob Robert Bessler M.D CEO Sound Physicians 253.284.1890 office 253.861.4994 cell rbessier@-5oundphysicians.com Isaac Conlen From: Rob Bessler <rbessler@soundphysicians.com> Sent: Thursday, September 20, 2012 8:08 PM To: Isaac Conlen Thanks for meeting at our house You asked if I thought was a reasonable time for the repair To me it is reasonable since we bought the waterfront property with its boat house and rail system with the intent to raise our kids and use the property and pay the taxes annually that it is reasonable that i get the full property back in use through repairing it where needed. Due to forces out of our control there was a 4 year period to plan and build the house for us to move in for reasons you are aware. The supreme court has weighed in on what the definition of a reasonable person would do but i cant find a definition of a reasonable time so we feel in the scheme of time and since we repaired the original lot in many ways this is reasonable. Thankyou Hel.s7 Robert Bessler M.D. CEO Sound Physicians _.y S Isaac Conlen From: Rob Bessler <rbessler@soundphysicians. com> Sent: Thursday, October 11, 2012 11:19 AM To: Isaac Conlen Isaac Thanks for the call. If my altenative you suggest is to go through the process described on this website http://Ygur.kingcounty.gov/ddes/forms/Ic-appins-shsubdev.pd for such a minor thing that I did related to making a piece of my property functional within three months of moving in instead of just non functional steel and cement on the beach then I will definitely be considering my legal options around the appeal with my land use attorney. Please send me the information as soon as possible in this regard. Thank you Robert Bessler M.D CEO Sound Physicians 253.284.1890 office 253.861.4994 cell rbessler@soundphysicians.com RECEIVED 7At COMMUNITY & ECONOMIC DEVELOPMENT DEPARTMENT LU 1 33325 81h Avenue South Ak CM �F Federal Way, WA 98003-6325 ciry OF - i3ERAZ vyQ� 253-835-2607; Fax 253-835-2609 Federal Way (-D,q www.cityoffederalway.corn SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT EXEMPTION APPLICATION Name of Applicant: Robert Bessler zs -6 It1?1Lj Site Address: 2854 sw 300`" place Federal Way WA 98023 To maintain the existing boat track, I needed to repair the marine rails. This brings it back to a more functional status. As part of the repair, I had to replace rusted rail sections with galvanized new rail. I used the existing track and screwed the new pieces into the original cement footings that already existed. The repaired rail is a few feet shorter than the prior existing rail and there are old cement footings still beyond the repaired rail that are decades old. WAC Exemption Citation: WAC 173-27-040(2)(b) (normal maintenance or repair of existing structures or developments_ I have declined to do a SEPA checklist due to the work being categorically exempt under the SEPA Rules (specifically, WAC 197-11-800(3)): Repair, remodeling and maintenance activities. The following activities shall be categorically exempt: The repair, remodeling, maintenance, or minor alteration of existing private or public structures, facilities or equipment, including utilities, involving no material expansions or changes in use beyond that previously existing; except that, where undertaken wholly or in part on lands covered by water, only minor repair or replacement of structures may be exempt (examples include repair or replacement of piling, ramps, floats, or mooring buoys, or minor repair, alteration, or maintenance of docks This particular SEPA exemption is similar to the exemption for minor repairs under the part of the state Shoreline Management Act that defines shoreline substantial development, This SEPA exemption is a state regulation, but it was adopted by Federal Way — see FWRC 14.15.020 (Departmental review below) k:\Handouts\Shoreline Exemption Bulletin # 143 — March 14, 2012 Page 1 of 1 File # IL' 10 Y 1 1 ,.. The proposed development is consistent with: Yes No ❑ Lvl Washington State Shoreline Management Act ❑ ❑ Federal Way Shoreline Master Program Date a Isaac Conlen, Planning Manager for Patrick Doherty, Director Condition(s) attached: ❑ Yes 1-73 CAe. T" - z'A a CCO • c-s � �` -� o� � (,�.� �� • w°mac bca-" 5 ac-e' t'a �I,s �ctr� w,,e GALS T'�` �� e•t cJ Bulletin # 143 — March 14, 2012 Page 2 of 1 k:\Handouts\Shoreline Exemption 41 IF S• * �, `\. iY ' S �. -4R. , i •:;�*Ar'4 P f i yk'V r 7 1' i� �r .`..r , �� fir . " �.1•.' �•, 12, ..�! 'iY� M ' ... YR ,ti �. '�. �. +• ,M1.• SY. Mi S li...l. �, ;`� • 3�• r.7'y� r t 4 S� h 'yam{; `,�t}• "'iC ' �' S •may+�� T{�{ :,�' 1 R h.� '��{ # ►. Via. ti:.: '��9': •A c j mk ti = +•• . fti * yl .i'dw�t ry• Syr �J' or OVA Ac- � Aktl Jr .5�. Yam.-%'i: '� 1•�`•:: y �. 1 y t is t • L I�jJ it .f I 1 e • I M 41P 1 F r r t�, + u . - Up lb •. ka r NEW . 4: 0 k dL- 4 mr af! rig e. will iw maw -.1 tm� NU-1 Ll