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14-106201,110�20( r()O -SM RECEIVE® ACS, LLC DEC 0 3 2014 Pub +EPAMMENT 1020 S 344th ST Suite# 201 Federal Way, WA 98003 1 253-732-7654 1 aleksey24@gmail.com 12/01/2014 City of Federal Way Director of Public Works 33325 8th Ave S Federal Way, WA 98063 RE: Right of Way Improvement Modification Request To whom it may concern: We are asking the City of Federal Way to modify, defer, or waive the requirements of FWRC Title 19, Chapter 135 at property located at 36862 2nd Ave SW, Parcel #218820110Pbased on the following reasons: 1) The improvement as required would not be harmonious with existing street because there is no existing sidewalks on either side of the street. It would not be advantageous to the neighborhood as there is no other sidewalk to connect the new sidewalk to. 2) The lot comes at an angle, so the topographical layout would cause an approximate elevation drop of about three to three and a half feet, which would cause the sidewalk to not function safely. Attached, is a TESC plan which shows the elevation difference. Thank you for your careful consideration in this matter. Sincerely, Aleksey Guyvoronsky President Ace Construction Services, LLC 253-732-7654 , ) \ 4 \ E [ a 0 \ . \ U ~ _ m �2W � z2 : ) / /§� q «%W \7 Cl) /\a: a w $ O z U § \{ z = 0 p \ m 0 - z F � oe � � 2 r = ( § \�■ )§ § &§® § IE §§ & \ § ,p % � ■G ${! z � {\bit o §§) |.I Lo �..\ > �,! ■__- � ■� § ( � ! , ;«4 ; [� �� •y!=! §r �_! CITY OF CITY HALL 33325 8th Avenue South Federal Way Federal Way, WA 98003-6325 (253) 835-7000 December 10, 2014 www.cityoffederalway..com Aleksey Guyvoronsky ACS,LLC 1020 S 344th St, Suite #201 Federal Way, WA 98003 RE: Permit #14-106201-00-SM, OIVISHCHEIVKO 36862 2nd Ave SW Dear Mr. Guyvoronsky: The Public Works Delpartment has received your letter requesting modifications to required right of way improvements along 2 Ave. SW. Staff has evaluated the existing conditions along 2'd Ave. SW, reviewed Federal Way City Code (FWCC) Section 19.135.070, and considered past direction provided by the City Council. The improvements are waived for the following reason: 2'd Ave SW is currently paved to a width of 23 feet, with rolled curb. Right-of-way width is 80 feet. While the current road standard would require 24' of pavement, vertical curb, 8' ditch, 5' sidewalk, and 3' utility strip, the road is adequate and all development along this road has occurred without these improvements_ Code Section (FWRC) 19.135.070; Modifications, Deferments and Waivers allows the Public Works Department to grant a request to modify the required street improvements only after consideration of four specific reasons. The reason most applicable here is contained in FWRC Section 19-135.070 (1) "The improvement as required would not be harmonious with existing street improvements, would not function properly or safely or would not be advantageous to the neighborhood or city as a whole." The City hereby grants a waiver of the required improvements, with the provision that the property owner must sign a No Protest Local Improvement District Agreement (LID) covenant in the event that a future LID is formed to snake street improvements. A copy of the LID agreement will be prepared for the owner's signature and must be notarized and returned to the City with recording fees payable to King County Records and Elections, prior to the issuance of a building permit. The conditions of this right-of-way modification will be applicable For a period of one year from the date of this letter. If a building permit is not issued within the one-year time limit, this waiver will be void and a new request for modification must be submitted. If you have any questions or need clarification of the above street improvement requirements, please contact Ann Dower, Senior Engineering Plans Reviewer, at (253) 835- 2732. Sincerely, `]V" 1 Apple n. E. Deputy Public Works Director W A:AD/jo M. Ateksey Onishchenko; 6519 Discovery ST E; Fire, WA 93424 pf/ad df 1: \csd c\dots\save\33036250024. doc