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10-10403244k CITY OF Federal Way NOTICE OF MASTER LAND USE APPLICATION Project Name/File Number: Reagan Residential Variance - 10-104032-00-UP Project Description: Applicant is requesting a variance from the 10 percent maximum lot coverage requirement within Suburban Estate (SE) zones to construct one single-family residence. Applicant: Kirk & Denise Reagan, 11410 Farwest Drive SW, Lakewood, WA 98498 Project Location: 4342 SW 307`h Street, Federal Way, WA 98023 Date Application Received: September 22, 2010 Date Determined Complete: October 7, 2010 Date of Notice of Application: October 9, 2010 Requested Decision and Other Permits Included with this Application: Applicant has requested a variance pursuant to Federal Way Revised Code (F)ArRC) Chapter 19.45. The city will use Process IV `Hearing Examiner's Decision' to review and decide upon the variance application. Staff has determined the application is categorically exempt from a State Environmental Policy Act threshold determination pursuant to Washington Administrative Code 197-11-800(6)(b). Existing Environmental Documents: None at this time. Such documents will be available at the time of building permit application. Development Regulations to Be Used for Project Review Known at this Time: FWRC Title 19, `Zoning and Development Code.' Public Comments: The initial notice period ends October 25, 2010, but any person may submit written comments to the Hearing Examiner by delivering these comments to the Department of Community Development Services prior to the public hearing date or by giving these directly to the Hearing Examiner at the public hearing. Only the applicant, persons who submit written or oral comments to the Hearing Examiner, or persons who specifically request a copy of the written decision may appeal the Hearing Examiner's decision. Details of appeal procedures for the requested land use decision will be included with the written decision. Availability of File: The official project file is available for public review during normal business hours at the Department of Community Development Services, 33325 8 h Avenue South, Federal Way, WA 98063-9718. Staff Contact: Matthew Herrera, Associate Planner, 253-835-2638 Published in the Federal Way Mirror on October 9, 2010. EXHIPIT PAGE _ G Doe. I.D. 55931 CITY OF '" —� Federal Way Reagan Residential Variance 4342 SW 307th Street ect SW 307 ST__ - SW.308 ST._-j.Q U) S S W310 f SVV 31.0 ST SW - - ---= - 312 P1 Vicinity Map Puget Sound = 39 P0\N� �a S � v ' cf) r• File # 10-104032-00-UP N Applicant is requesting a variance from the 10 percent maximum lot coverage requirement within the Suburban Estate (SE) zone to construct single-family residence. 100 o 100 200 300 400 Feet ■ Note: This map is intended for use as a graphical representation only. The City of Federal Way makes no warranty as to its accuracy. A, CITY OF Federal Way NOTICE OF PUBLIC HEARING Notice is hereby given that the City of Federal Way Hearing Examiner will hold a public hearing at 2:00 p.m. or soon thereafter on Wednesday, January 5, 2011, in the Federal Way City Council Chambers, 33325 8t' Avenue South, Federal Way, WA. Project Name/File Number: Reagan Residential Variance - 10-104032-00-UP Project Description: Applicant is requesting a variance from the 10 percent maximum lot coverage requirement within Suburban Estate (SE) zones to construct one single-family residence. Applicant: Kirk & Denise Reagan, 11410 Farwest Drive SW, Lakewood, WA 98498 Project Location: 4342 SW 307'h Street, Federal Way, WA 98023 Date Application Received: September 22, 2010 Date Determined -Complete: October 7, 2010 Date of Notice of Application: October 9, 2010 Requested Decision and Other Permits Included with this Application: Applicant has requested a variance pursuant to Federal Way Revised Code (FWRC) Chapter 19.45. The city will use Process IV `Hearing Examiner's Decision' to review and decide upon the variance application. Staff has determined the application is categorically exempt from a State Environmental Policy Act threshold determination pursuant to Washington Administrative Code 197-11-800(6)(b). Existing Environmental Documents: Critical Areas Inventory. Additional site specific documents will be submitted and available for review at the time of building permit application. Development Regulations to Be Used for Project Review Known at this Time: FWRC Title 19, `Zoning and Development Code.' Public Comments and Appeals: Any person may submit written comments to the Hearing Examiner by delivering these comments to the Department of Community Development Services prior to the public hearing date or by giving these directly to the Hearing Examiner at the public hearing. Any person may provide verbal comments during the hearing and/or request a copy of the decision. Only the applicant, persons who submit written or provide verbal comments to the Hearing Examiner, or persons who specifically request a copy of the written decision may appeal the land use decision. Details of appeal procedures will be included with the written decision. Availability of File: The official project file and existing environmental documents are available for public review during normal business hours at the Department of Community Development Services, 33325 8�' Avenue South, Federal Way, WA 98063-9718. Staff Contact: Matthew Herrera, Associate Planner, 253-835-2638 Published in the Federal Way Mirror on December 15, 2010. PAGE 09/15/2010 City of 30 0' Parcel City of Federal Way 33325 Bth Ave S. RO Box 9718 Federal Way Notification area Federal Way We 98063 (206) - 835 - 7000 www.cityoffederalway.com r,.�•_.._.._...r.._........._......�.._.. ..� .._ .. �.. 112103- 9071 112103- 9031 112103- 112103- ,••~ 9059 21 3 112103- 9088 112103-9045 112103-9030 112103 rn Q 1121039081 112103-9105 p K V 112103-9007 112103-9040 gW 308TH ST 112103- 112103-9110 9104 112103- 112103-9078 9080 112103- 112103-9029 9108 11210M131 112103-9010 112103-9097 211600-0050 3 N zllsoo-oeao Q = 211600-0060 112103-9005 - �11 211600- 0030 211600-0070 112103- 211soo- w3�QTH 8) .2 211600-0080 9009 0020 211600- 184080 0010 0035 184080-0025 211600-0090 112103-9116 184080- 184080-0020 112103- 0100 112103-9117 9038 184080- 010s � leaoeo-Dols 112103-9056 184080- 112103-9118 112103- 112103- 0110 U) 9012 9014 184080-0010 Q 112103-9114 4 112103- 184080- S A 9128 112103- ONs 4 184080-0005 ��?P112103-9011 9013 ew x,1s7o-a�a3a Ok�G,j013 ii21➢MG 7 — - - 91P, 873199-0240 211570• 211650. 211650- 211650- 211650- 211650- 211650- 112103-9132 0240 211570- 0060 0050 0040 0030 0020 0010 112103-9016 873199- 873199- 0280 g73t99-0250 0?20 112103.9087 1103 25-9060 onn Legend Frog King County Tax Parcels /;\ Scale: V& Subject Property N 0 100 200 Feet i 1 Thf. m°p n ine d.d prircW.. Notified Properties _ 1h.°'"°1Fed..al! ° 0 41k o. Fed101'::tSp eral Way DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES 33325 8th Avenue South PO Box 9718 Federal Way WA 98063-9718 253-835-7000; Fax 253-835-2609 www.cityoffederalway.com DECLARATION OF DISTRIBUTION ,,.15,ccko NAvi/ hereby declare, under penalty of perjury of the laws of the State of Wa ington, tat a: ❑ Notice of Land Use Application/Action ❑ Notice of Determination of Significance (DS) and Scoping Notice ❑ Notice of Environmental Determination of Nonsignificance (SEPA, DNS) ❑ Notice of Mitigated Environmental Determination of Nonsignificance (SEPA, MDNS) ❑ Notice of Land Use Application & Optional DNS/MDNS ❑ FWRC Interpretation ❑ Other ❑ Land Use Decision Letter Iq Notice of Public Hearing before the Hearing Examiner ❑ Notice of Planning Commission Public Hearing ❑ Notice of LUTC/CC Public Hearing ❑ Notice of Application for Shoreline Management Permit ❑ Shoreline Management Permit ❑ Adoption of Existing Environmental Document was ❑ mailed ❑ faxed ❑ e-mailed and/orAposted to or at each of the attached addresses on bPG - 15 2010. Project Name File Number(s) f 10 ;� 2 00 -u'r Signature eobl Date IEXF.1P1T-711;' K:\Intern\Declaration of Distribution notices\Declaration of Distribution with Posting Sites.doc PAGE 1L- .GF-.- Post in-q Sites: Federal Way City Hall - 33325 8t" Avenue Federal Way Regional Library - 34200 1 St Way South Federal Way 320t" Branch Library - 848 South 320th Street Subject Site - 4342 SW 307t" Street K.\Intem\Declaration of Distribution notices\De oration of Distribution with Posting Sites.doc 1J POE DEPARTMENT OF CODIMuNITY DEVELOPMENT SERVICES 33325 8th Avenue South PO Box 9718 Federal Way WA 98063-9718 253-835-7000; Fax 253-835-2609 ,nr� �•.�.itvattedera#'.v�'.:,�,CF"1 i DECLARATION OF DISTRIBUTION I. �h hereby declare, under penalty of perjury of the laws of the State of Washington, that a: ❑ Notice of Land Use Application/Action ❑ Notice of Determination of Significance (DS) and Scoping Notice ❑ Notice of Environmental Determination of Nonsignificance (SEPA, DNS) ❑ Notice of Mitigated Environmental Determination of Nonsignificance (SEPA, MDNS) ❑ Notice of Land Use Application & Optional DNS/MDNS ❑ FWRC Interpretation ❑ Other ❑ Land Use Decision Letter Notice of Public Hearing before the Hearing Examiner ❑ Notice of Planning Commission Public Hearing ❑ Notice of LUTC/CC Public Hearing ❑ Notice of Application for Shoreline Management Permit ❑ Shoreline Management Permit ❑ Adoption of Existing Environmental Document was 0 mailed ❑ faxed ❑ e-mailed and/or ❑ posted to or at each of the attached addresses on 1 ] �• ) Y 2010. Project Name 1�?. File Number(s) rb Y —71- Signature Date K:\CD Administration Files\Decloralion of Distribution.doc/Last printed 12/31 /2009 11:32:00 AM W ^co LL 3 °' v . m - a :7)a II PAGE-:z- -. City of 1300' Parcel Federal Way Notification area I i i 112103-9040 09/15/2010 City of Federal Way 33325 8th Ave S. P.O. Box 9718 Federal Way We. 98063 (206) - 835 - 7000 www.cityoffederalway. com f 90771 1112103-1 9031 ' 112103- 112103 •,• 1}9 i 90912103- 3 190aB 112103-9045 • i 17?1 a 112103-9081 112103-9105 to 'M 112103-9007 O 308TH sT 112103- 9104 112103- 112103-9078 %80 112103- 112103-9029 9108 112103-9131 4 112103-9010 " _57103-9087. , 211600-0050 W 211800-0040 -- i = 11210&9005Du --� _ 211600-0060 . _ - i 211600- 0030 211600-0070 } `•---Sw3j9009 OT�1 ST z71600-o0ed - 211800. -- - • - - - 0020 211600. • - . - 184080-- 0010 211600.0090 0035 184080-0025---- 112103-9116 112103- _ 184080- 184080-0020 112103-9117 9038 011: -'i6090. _--- ---i -- ---- 112103-9056 0105 I • - 184060-00151 .112103• . 112103-9118 -- 9012 _ _ 1121R3-, 184080- ?� -- •-- - 9p14 0110 W — --- 184080-0010, - _ -- Q 112103 1121039n4 �.4 • 9128 � ._. 4 1 0133 1Q05a -SIN _-- 784080-0005 112103-9011 �a2TO 2077- - --- - --- - -- -- - - - -- , - -'-._. = _ _ _ r .AJ't 873199-0240 -211smom._ �_� 211650. 211650. 211650- 211650. ;211650- 211650. 112103-9016 112103-9132 •• 873189-'.- . 2i1570• 0050 0040 0080 0240 211 �� 0030 0020 0010 a73149-: ./'� 112703-9060 0280 873IW02SO 1723D3.9067 Legend N This CITY OF /1 sale. Federal W King County Tax Parcels a ? 0 100 200 Feet map. Subject Property The C;P. 10 � Notified Properties DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES 33325 8th Avenue South PO Box 9718 Federal Way WA 98063-9718 253-835-7000; Fax 253-835-2609 DECLARATION OF DISTRIBUTION I, hereby declare, under penalty of perjury of the laws of the State of Washington, that a: ❑ Notice of Land Use Application/Action ❑ Notice of Determination of Significance (DS) and Scoping Notice ❑ Notice of Environmental Determination of Nonsignificance (SEPA, DNS) ❑ Notice of Mitigated Environmental Determination of Nonsignificance (SEPA, MDNS) ❑ Notice of Land Use Application & Optional DNS/MDNS ❑ FWRC Interpretation ❑ Other ❑ Land Use Decision Letter 'Notice of Public Hearing before the Hearing Examiner ❑ Notice of Planning Commission Public Hearing ❑ Notice of LUTC/CC Public Hearing ❑ Notice of Application for Shoreline Management Permit ❑ Shoreline Management Permit ❑ Adoption of Existing Environmental Document was ❑ mailed ❑ faxed ,ke-mailed and/or ❑ posted to or at each of the attached addresses on LJ c 1_� _ : 2010. Project Name File Number(s) h) - 10 Y 6 - Signature Date K:\CD Administration Files\Declaration of Dislribution.doc/Last printed 12/31 /2009 11:32:00 AM ExVkl P PA� �'�Cr GE �.� Tamara Fix From: Mary Lou Goss [mgoss@fedwaymirror.com) Sent: Friday, December 10, 2010 11:43 AM To: Tamara Fix Subject: Re: Legal Notice - Reagan DONE! Mary Lou Goss Office Manager/ Marketing Consultant Federal Way Mirror 1414 S 324th St., Suite B-210 Federal Way, WA 98003 253-925-5565 From: Tamara Fix [mailto:Tamara.Fix@cityoffederalway.com] To: 'Mary Lou Goss' [mailto:mgoss@fedwaymirror.com] Sent: Fri, 10 Dec 2010 09:12:06 -0800 Subject: Legal Notice - Reagan Please publish the attached legal notice (Reagan Variance Hearing, 10-104032) in Wednesday's (Dec. 15, 2010) issue. Please confirm and issue an affidavit of publication. Thanks! Tamara Fix Admin Asst. City of Federa(-Way tarPzaraix@c ity o ffederafwau. c am "When life gives you a hundred reasons to cry, show life that you have a thousand reasons to smile." Unknown E a IIP19F -��) PAGE AV CITY OF Federal Way DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES 33325 8th Avenue South PO Box 9718 Federal Way WA 98063-9718 253-835-7000; Fax 253-835-2609 www.cityoffederalway.corn DECLARATION OF DISTRIBUTION I, &Cktu Chi ) hereby declare, under penalty of perjury of the laws of the State of Wash i' ton, that a: Notice of Land Use Application/Action ❑ Notice of Determination of Significance (DS) and Scoping Notice ❑ Notice of Environmental Determination of Nonsignificance (SEPA, DNS) ❑ Notice of Mitigated Environmental Determination of Nonsignificance (SEPA, MDNS) ❑ Notice of Land Use Application & Optional DNS/MDNS ❑ FWRC Interpretation ❑ Other ❑ Land Use Decision Letter ❑ Notice of Public Hearing before the Hearing Examiner ❑ Notice of Planning Commission Public Hearing ❑ Notice of LUTC/CC Public Hearing ❑ Notice of Application for Shoreline Management Permit ❑ Shoreline Management Permit ❑ Adoption of Existing Environmental Document was Xrnailed ❑ faxed ❑ e-mailed and/or ❑ posted to or at each of the attached addresses on 2010. Project Name File Number(s) SignatureEazw_ " -- s) K:\CD Administration Files\Declaration of Distribution.doc/Last printed 10/8/2010 3:50:00 PM Ay Date (� % PAGE! N O M U) L 13 c Qo �E C 'cc 0 c c 0 V (D C c d O Ez M Cc N Zo AL C W � o N Q F- D 0 O a I a N J N N. N r: C A N O N :O .0.. .00 .10 O G::�7 OCR 00 00 00 l 00 O A 00 j ON Qi� 00 �00 LU J E w La w w. QCAw W w F• w- w.. w J W r .. r p i 00 i n��,-'• O O - M O (D G O vn a' 'o '_ v) �o O vn P� �u o u] cn 1^ = o v a z J Z 2 � � + W a•;z z ¢ � a � L Oa.o z:1� fa, U UW i O iI] v, O • C+ .0 -- ON O .-+ r^. I�r =fi O - o C'o o.o a, C^ O, rn f''o = 0, c a � .a, -- a o, M M m M o 010 0 m [-1 M [iPI M 0 Cl CD cl7 .i M aq'O N [SIN N N N F N C'Z N v O C L N O 0 d PAGE 0 N m (0 IL City of 300' Parcel Federal Way NotificatioK area � r 09/1512010 City of Federal Way 33325 8th Ave 3 P.O. Box 9718 Federal Way Wa. 98063 (206) - 835 - 7000 www.cityoffederalway.com 9031 119059 �90933 I 12103 112103-9045 • 112103-9081 ^ 112100.9�5 p 112103-9007 ~ ST 11 2103-9040 • 06-T l' — — - t ' v'r 112103- 112103-9078 9080 112103- - 112103-9029 9108 ' }� ` 112103-9131 112103-9010 M-9097 ---_-_-----'-------- 211600-0050----_-- I Q) 211600-0040 - - -- -- •- Q 211600-0060 112103-9005Du 211600- -••"- - ' 0030 -• --- _ p,-2_11600-0070 -... ` 3 112103- 9009 101'N ST 211600-0080 211600- 0020 211600- " -"" •-- 184080-' 0010 211600.0090 0035 184080-0025 112103-9116 184080- 0100 184080-0020 I _ •- - 112103-, 112103-9117 9038 " 184080- ___- --- 0105 112103-9056 — - — - 184080-0015 112103-9116 a3 .-_.11210.3- 184080- . _ _ _ 96 9014 0110 (A - --- ••- 1840e0-0010 Q _ 112103-911a 1912B 184080- _.-- — -• y -4 11013- rJ 1d 011s 184080-0005 ? 112103-9011 .._., _ `-=fi2TQ3.9G7T -` -- - - - - - - ---• -- .. _ ----. P��Lo .�3 873199.0240 "-211570-0230 211570- - 211650- 21l6W- 211650-, 211650• 21l650• 211650- '- 112103-9016 112103-9132 - - 873199-`� 0240 211570- - 0060 '. 0050 0040 0031? 0020 0010 873199-: 112103wffl 0280 87319%0250 . 0220 -• 112103-9087 Legend CITY OF _ King County Tax Parcels Scale: Federal Way ^' 0 100 200 Feet Subject Property N ( 1 This map I In[oIFed � nmaon o�lr. �K�.�Y��.� Notified Properties I The City _ _ CIT Federal Way DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES 33325 8th Avenue South PO Box 9718 Federal Way WA 98063-9718 253-835-7000; Fax 253-835-2609 www.cit offederalwa .com DECLARATION OF DISTRIBUTION 1, Of C �V (n hereby declare, under penalty of perjury of the laws of the State of Was gton, that a: A Notice of Land Use Application/Action ❑ Notice of Determination of Significance (DS) and Scoping Notice ❑ Notice of Environmental Determination of Nonsignificance (SEPA, DNS) ❑ Notice of Mitigated Environmental Determination of Nonsignificance (SEPA, MDNS) ❑ Notice of Land Use Application & Optional DNS/MDNS ❑ FWRC Interpretation ❑ Other ❑ Land Use Decision Letter ❑ Notice of Public Hearing before the Hearing Examiner ❑ Notice of Planning Commission Public Hearing ❑ Notice of LUTC/CC Public Hearing ❑ Notice of Application for Shoreline Management Permit ❑ Shoreline Management Permit ❑ Adoption of Existing Environmental Document was ❑ mailed ❑ faxed ❑ e-mailed and/or Xposted to or at each of the attached addresses on Project Name File Number(s) Signature 8 .2010. ��e! l)arn-hViO \�ax\nrcle- u (3 1(D �� 2 K:\Intern\Declaration of Distribution notices\Declaration of Distribution with Posting Sites.doc Date EXF IT RAGE.... �.� Posting Sites: Federal Way City Hall - 33325 8th Avenue Federal Way Regional Library - 34200 1 st Way South Federal Way 320th Branch Library - 848 South 320th Street �K:\Intem\Declaration of Distribution notices\Declaration of Distribution with Posfing Sites.doc -T PA.�®- DEPARTMENT OF COMMUNPCY DEVELOPMENT SERVICES 33325 81h Avenue South PO Box 9718 Federal Way WA 98063-9718 253-835-7000; Fax 253-835-2609 wr,cr�,•.ri 'a##edert�tvy:�r,ccm DECLARATION OF DISTRIBUTION hereby declare, under penalty of perjury of the laws of the y State of Washington, that a: ,B Notice of Land Use Application/Action ❑ Notice of Determination of Significance (DS) and Scoping Notice ❑ Notice of Environmental Determination of Nonsignificance (SEPA, DNS) ❑ Notice of Mitigated Environmental Determination of Nonsignificance (SEPA, MDNS) ❑ Notice of Land Use Application & Optional DNS/MDNS ❑ FWRC Interpretation ❑ Other ❑ Land Use Decision Letter ❑ Notice of Public Hearing before the Hearing Examiner ❑ Notice of Planning Commission Public Hearing ❑ Notice of LUTC/CC Public Hearing ❑ Notice of Application for Shoreline Management Permit ❑ Shoreline Management Permit ❑ Adoption of Existing Environmental Document was ❑ mailed ❑ foxed E'e-mailed and/or ❑ posted to or at each of the attached addresses on 2010. Project Name File Number(s) - - Signature Date M - 7- oZ D) U KACD Administration Files\Declaration of Distribution.doc/Last printed 12/31 /2009 11:32:00 AM EXPI OT �-Dm� Tamara Fix From: Mary Lou Goss [mgoss@fedwaymirror.com] Sent: Thursday, October 07, 2010 11:18 AM To: Tamara Fix Subject: Re: Legal Notice V17MUM Mary Lou Goss Office Manager/ Marketing Consultant Federal Way Mirror 1414 S 324th St., Suite B-210 Federal Way, WA 98003 253-925-5565 From: Tamara Fix[mailto:Tamara.Fix@cityoffederalway.com] To: 'Mary Lou Goss' [mailto:mgoss@fedwaymirror.com] Sent: Thu, 07 Oct 2010 10:54:53 -0700 Subject: Legal Notice Please publish the following legal notice (Reagan NOA, 10-104032) in Saturday's (Oct. 9, 2010) issue. Please confirm and furnish an affidavit of publication. Tamara ,fix Adm in Asst. City of FederaC`1Yay tamara. @ci v edera[wa . com "I expect to pass through this world but once. Any good that I can do, or any kindness I can show, let me do it now." At At 4t 4 At 4 CITY OF 'A Federal V )"LL CALL Items) Wall Be Held For Two Weeks Date: j p Via: (Courier Service, UPS, Other Third Party) Staff: u ' E 33325 Eighth Avenue South PO Box 9718 , Federal Way WA 98063-9718 J ff 253-83&7000: Fax 253-835.2609 www.atvatl�deral wnav com To: 't Company: 4 Extension: . , Type of Item: N? I I L N Uh C.e, Item For: Pick Up ❑ Signature Fee? PS 00ther ! a'�-PtcAot YES* ❑ NO *(I yes, please attach fee schedule; do not calculate tax.) Item Picked Up By: Initials: Date: 10jqLD Your Item Is Being Returned To You For Non Pick Up Date: F-WD A&nbimradw FtjWWill CaU Sheetdoc � 0 EXHIP' 4 4 14 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 TF 4 4 4 It 41 RECEIVEO.BY COMMUNITY DEVELOPMENT DEPARTMENT O C T 19 2010 DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES -� 33325 8' Avenue South CITY OF >"" �'�� PO Box 9718 Federal Way Federal Way ax 98835-9718 2609 253-8352607;Fax 253-835-2609 www.cityoffederalway.com SIGN INSTALLATION CERTIFICATE Project Name:. �pS 1 �ol�. Ua r l a &,c,,Q Project File No: /0 — I0/ Q 3 Z. - G a f CfP Project Address: (4 t7 ed Z 3 Installed By: /t/ �Cf �� `trr � Date of Installation: / 7 t / Location of Installation: 566L �`� Pa 5 C d x' G 1� r-0 p-a' .�. A�!!'�E fJll�tlmli�lf�E:-E3-E!'�B tlul1�'�E 4�E d�Ei�i d—E4~C ACE 9rEi�E 3y EJ-e9 ■d�l!'■l�At i�l[l41 AaE 4—B N'E'fyE4 E .�. .�. ,�..�, .�, ,ter .9, „�, .a. .�> �. .�,. .a•• y,,. :�> :�. .e> .ter .at .�, -va• :,a, •tir •�. •fir •�. .�..#. .p� .�. ..i. .�.• .a I hereby testify that the sign installed fully complies with the installation standards of the Department of Community Development Service's "Instructions for Obtaining & Posting Public Notificatior: Signs" and that the sign will be maintained until a final decision is issued on the land use action. I understand that failure to return this certificate within five days of posting may, result in delays, notice of corrections, and re -mailings at the applicant's expense. Installer's Name Installer's Signatur Bulletin #036 — August 18, 2004 Page I of I Date `253/GI— 0 Phone F-XF P%T aA n �� F � kAHandouls\Sl lation �Certiir' CITY OF FEDERAL WAY NOTICE OF MASTER LAND USE APPLICATION Project NamefFle Number. Reagan Residential Variance- 10-1o403240-Una Project Description: Applicant is requesting a Variance from the 10 percent maximum lot coverage requirement within Suburban Estate (SE) zones to construct one single-family residence. Applicant, Krk & Denise Reagan, 11410 Farwest Drive SW, Lakewood, WA 9M98 Project Location: 4342 SW 307th Street Federal Way, WA 98023 2010 Date Determined Complel a: OdDWr 7 2010 Date of Notice otAppliption: October 9, 2010 Requested Decision and Other Permits Included with this Application: Applicant has requested a variance pursuant to Federal Way Rsutsed Cade (FWRC) Chapter 19.45. The city will use ROC.ess IV`Hearfng Examiner's Deolsloryto review and decide upon the variance application. Staff' has determined the applicatom is categoricalty exemPi from a State Environmental Policy Act thmaK)ld determination pursuant to Washington Administrative Cade 197-11-800(6)(b). Existing Environmental Documents: !Vane at this time. Such documents will be available at the time Of building permit application, Development Regulations to Be Used for Pn*.a Review Known at this Time: FWRC Title 19, 7aning and Development Code: PuW Comments; The initial notice period ends OctAier 25, 2010, but arty person may submf[ fmtten comments to the Hearing Examiner by -SPlivvering these comments to the Department of Communtty Development Services prior to the public hearing date or by giving these dlrectty to the Hearing Examiner at the public hearing Only the applicant, persons who submit written or Oral comments to the Hearing Examiner, or persons who specifically request a copy of the wriffen decision may appeal the Hearing Examiner's decision. Details of appeal procedures for the. wasted land use decision wi f be included with the written decision. Availability of File: The official projectfile isavadabte for public review during nonTW business hours at the Department of Community Development Services, 33325 Sth Avenue South. Federal Way, WA 98063.9718. Staff Contact: Matthew -Herrera, Associate Planner,: 253-835-2538 FWM 1714 Date Applitation:Received: September 22, Date Published Octobe►9, 2010. EXP-101 PAGE 20. Z O F— Q ZD J U w N O Lu IL _} W D in i W a 3 o I o C < �r n" LL- LL V) cn 00 N pip N - GO x LL.I J ♦- 0 N r" N LO ZOWC W n w w J NOVa13S OUVA 3OIS .0 Novalas(avAaOis,o� 0 W J N Lu ly Q 0 x x J 1 U OO o zW 0� ai 0 WW F f J W 0 Q Q 3 Z i J a K U I N W Z r I o ZW Q X W Wy 2 W J OU J Z WO HO ? 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O � CN i50� C; x 41) m v o w cU F- �w wa 0w 0 CL-m U) 0 0 U P— o Q Z mom w ::D U 0 Q �?U 12o rr- U J Q U w aQ _k I` p a> > J w a� L G f i oLU Q J �w LU 00 w M in O 3:00 cn EL co No M r II CITY OF Federal Way DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES STAFF REPORT TO THE FEDERAL WAY HEARING EXAMINER Reagan Residential Variance Process IV 'Hearing Examiner's Decision' Federal Way File No. 10-104032-00-UP PUBLIC HEARING Wednesday, January 5, 2011, 2:OOpm City Council Chambers Federal Way City Hall — 33325 $o' Avenue South, Federal Way, WA 98003 Staff Contact: Matthew Herrera, Associate Planner Phone: 253-835-2638 / Email: matt.herrera@cityoffederalway.com ReportDate: December 22, 2010 I. PROJECT INFORMATION Recommendation: Staff recommends approval of the residential variance request with the added condition of permeable or pervious paving for the parking area adjacent to the garage. This recommendation is based on the findings and conclusions outlined in this report. Owner/Applicant: Kirk and Denise Reagan, 11410 Farwest Dr. SW, Lakewood, WA 98498 Agent: David Boe, Boe Architects, 705 Pacific Avenue, Tacoma, WA 98402 Request: The applicant is requesting a residential variance to the ten percent lot coverage maximum regulations for detached dwelling units within SE zones pursuant to Federal Way Revised Code (FWRC) 19.195.010. Location: 4342 SW 307" Street, Federal Way, WA (APN 112103-9071) Zoning/Density: Suburban Estate (SE) — One dwelling unit per 5 acres Comprehensive Plan Designation: Single -Family Low Density Residential H. ExamIT LIST Exhibit A — Maps Exhibit B — Process IV Variance Master Land Use application Exhibit C — Existing and Proposed Site Plans Exhibit D — Notice materials Exhibit E — Proposed architectural elevations submitted for prior preapplication conference Exhibit F — Prior variance decision issued November 23, 2005 Exhibit G — Applicant's responses to decisional criteria Exhibit H — Site photos III. PROCESS IV `HEARING EXAMINER'S DECISION' PROCEDURAL INFORMATION Pursuant to FWRC 19.45.010, the city shall use Process IV to review and decide upon variances to eligible regulations set forth in Title 19 `Zoning and Development Code.' Pursuant to FWRC Chapter 19.70, the Hearing Examiner will make the initial decision within 120 days of the issuance of a Letter of Complete Application and following a public hearing. City Council will decide appeals from the Hearing Examiner's decision. The decision may be appealed by the following parties: (1) the applicant; (2) persons who submit written or oral comments to the Hearing Examiner; (3) persons who specifically request a copy of the written decision; or (4) the city. A written notice of appeal must be delivered to the department within 14 calendar days after issuance of the decision. The scope of appeal is limited to the errors of law raised or the specific factual findings and conclusions disputed in the notice of appeal. Reagan Residential Variance Page 1 Process IV `Hearing Examiner's Decision' 10-104032-00-UP/Doc. I.D. 56219 IV. ADJACENT PROPERTIES The comprehensive plan designation, zoning designation, and existing land uses of the adjacent properties are outlined in the table below. Maps generated by the city's Geographic Information Systems (GIS) database and King County IMAP are attached as Exhibit A. Comp. Plan Zoning Land Use Site SF Low Density Residential Sttburban Estate (SE) Single -Family Res. North N/A N/A Puget Sound South SF Medium Density Residential Single -Family Residential (RS) Single -Family Res. East SF Low Density Residential Suburban Estate (SE) Single -Family Res. West SF Low Density Residential Suburban Estate (SE) Single -Family Res. V. FINDINGS OF FACT 1. Proposal — The applicant submitted a Residential Variance Master Land Use application September 22, 2010 (Exhibit B). The applicant has requested a variance to SE zoning lot coverage maximums for detached dwelling units prescribed in FWRC 19.195.010. The applicant's proposed site plan redevelopment (Exhibit C) includes lot coverage of approximately 18 percent, which exceeds the 10 percent maximum allowed in SE zones. Highlights of the proposed and remaining impervious surfaces include the following: a. 4,030 square -foot building footprint (2,838 house and 1,192 garage); b. 2,027 square -foot impervious driveway; c. 1,850 square -foot permeable paving parking area; and d. 160 square -foot concrete walkway that will remain post redevelopment. 2. Property Information — The property is a 48,351 square -foot (1.11 acre) lot located in the northwestern portion of the city and along the Puget Sound shoreline. The current and proposed single-family use is permitted in the SE zone. The applicant has calculated the existing lot coverage at 8,527 square feet or 17.6 percent. Vehicle access to the city's nearest right -of --way is via a private road (SW 307a' Street) located on the southern portion of the property. Topographic data provided by the applicant and accessed from King County HVW database detail the property's high bluff characteristics. The city's critical areas map has designated portions of the property as geologically hazardous areas with erosion hazard and landslide hazard characteristics. 3. Procedural Benchmarks — The city issued a Letter of Complete Application within the 28 day mandated timeline on October 8, 2010. The Notice of Application was issued on October 9, 2010. Pursuant to FWRC 19.70.060, the notice was published in the Federal Way Mirror, posted on the city bulletin boards, mailed to property owners within 300 feet of the subject property, and posted on the subject property. The Notice of Public Hearing was issued December 15, 2010, published in the Federal Way Mirror, posted on city bulletin boards, and mailed to property owners within 300 feet of the subject property. Procedural documents and affidavits are included in Exhibit D. 4. Public Comments — As of the date of this staff report, no comments have been submitted to the Department of Community Development Services. Reagan Residential Variance Page 2 Process IV `Hearing Examiner's Decision' 10-104032-00-UP/Doc LD 56219 5. Compliance with SEPA — The variance request is categorically exemptl from threshold determination requirements ofthe State Environmental Policy Act. 6. Nonconforming Lot Size —The King County Department of Assessments has listed the subject property lot size as 1.11 acres (48,351 square feet). Pursuant to FWRC 19.195.010, detached dwelling units located in SE zones require a minimum lot size of 5 acres. Therefore, the lot is nonconforming. 7. Legal Building Site — Although the lot size does not meet current density regulations; redevelopment with one detached dwelling unit may occur as the subject property retains its legal building site status due to the home built on the subject property in 1936. FWRC 19.105.010(2) allows an applicant to build'one detached dwelling unit on a lot or parcel regardless of the size of the lot or parcel if there is or has ever been a residence on the subject property. 8. Noncot�brming Development _ Existing improvements include 4,300 square feet of gross floor area? The proposed scope of work includes a full tear down of the existing house with new=improvements totaling 4,792 square feet of gross floor area, or a492 square -foot increase�of gross floor area (Exhibit E). Pursuant to-FWRC 19.30.090(1)(c)(iii), single- family residential construction that involves an increase in gross floor area is, subject to all current applicable requirements of the Zoning and. Development Code. -Additionally, the proposed scope of work will likely -'exceed nonconforming'thresholds pursuant to FWRC 19.30.090(f) as work will exceed 50 percent of the assessed or appraised value of the existing improvement 3 Therefore, the proposed project is subject to all currenfzoning regulations. Historical Zoning Information — Within the years 1980 to 1990, the subject property's zoning has changed from four units per one acre to one unit per five acres with an associated decrease in maximum lot coverage. This began prior to the city's incorporation with the Federal Way Revised Community Plan and Area Zoning, adopted by King County ordinance 4733 on February 4, 1980. This ordinance changed the subject property's RS 9600 designation4 to Suburban Estate (SE) due to conflicts with the King County Shoreline Master Program. The county's SE established a 35,000 square -foot minimum lot size and 35 percent lot coverage maximum. Upon the city's February 27, 1990 incorporation, the adoption of its initial zoning maps via ordinance 90-43 maintained the SE zoning designation in name only. The city's adopted SE density regulations require a five acre minimum lot size and 10 percent lot coverage maximum per dwelling unit. The city's change in SE regulation resulted in the subject property and several adjacent properties (Exhibit A) becoming nonconforming due to size and lot coverage. 10. Lot Coverage — Pursuant to FWRC 19.110.020, the city calculates lot coverage using features of the built environment such as structures, pavement, and any other impervious surfaces. Exceptions to these attributes, which are not included in lot coverage calculation, are: (1) I Washington Administrative Code 197-11-800(6)(b) 2 2,390 s.f total living; 1,390 s.f total basement; and 520 s.f attached garage 3 $98,000 per 2011 tax year assessments by King County 4 9,600 square -foot minimum lot size. Reagan Residential Variance Page 3 Process IV `Hearing Examiner's Decision' 10-104032-00-UP/nog. I.D. 56219 wood decks with gaps and pervious surface below; (2) vehicle access easements; and (3) one- half of an area covered with grass grid pavers. Current code regulations do not credit the use of permeable or pervious paving when calculating lot coverage. Therefore, the applicant's proposed pervious parking area is considered in the overall lot coverage calculation. 11. Related Variance Decision — On November 23, 2005, the city Hearing Examiner granted a lot coverage variance (Exhibit F) to the abutting property located at 4338 SW 307" Street. The applicant requested the variance to accommodate a concrete patio, driveway, and parking area. The decision granted a variance to exceed the 10 percent lot coverage maximum in order to pave the driveway, but did not extend to the variance to allow paving of the patio and parking area. 12. Site Visit — Staff conducted a site visit on December 8, 2010, to verify accuracy of the site description and conditions. 13. Further Review — This recommendation is limited to review of the lot coverage variance request. Detailed structural, shoreline, and critical areas review did not occur. If the variance is approved, the applicant will be subject to building, zoning, environmental, and other codes/regulations applicable to the proposal. VI. CONCLUSIONS The following conclusions are drawn from the previous findings of fact. The applicant is subject to variance decisional criteria set forth in FWRC 19.45.030 and Process IV decisional criteria set forth in FWRC 19.70.150(3). The applicant's responses to decisional criteria are attached in Exhibit G. Staff responses to decisional criteria are italicized. Variance Decisional Criteria 1. That the variance will not constitute a grant of special privilege inconsistent with the limitations upon uses of other properties in the vicinity and zone in which the subject property is located. The applicant has proposed home improvements comparable to the lot's desirable location as it relates to territorial views and proximity to Puget Sound. The proposed 4,792 square foot home, 20 foot -wide driveway, and 1, 850 square foot pervious parking area abutting the garage does not result in an inconsistency with surrounding dwellings in the SE zone (Exhibit A). Currently, five of the nine undersized lots within the SE zone contain houses and accessory buildings in excess of 4, 000 square feet of gross floor area. Additionally, the abutting property located at 4338 SW 3076 Street received a variance to exceed the lot coverage maximum to include a paved driveway on November 23, 2005. There fore, staff concludes the variance will not constitute a grant ofspecial privilege. 2. That the variance is necessary because of special circumstances relating to the size, shape, topography, location, or surroundings of the subject property to provide it with use rights and privileges permitted to other properties in the vicinity and zone in which the subject property is located. Reagan Residential Variance Page 4 Process IV `Hearing Examiner's Decision' 10-104032-00-UP/Doc. i D. 56219 As referenced in previous findings of this report, the subject property was originally developed under a denser single family residential zoning ordinance. Upon city incorporation, the county SE zoning designation was transferred to the subject property in name only. At the time of incorporation, King County's density requirement for SE zoned lots was one dwelling unit per 35, 000 square feet with a lot coverage maximum of 35 percent.5 The city's density requirement for SE zoned lots is one dwelling unit per 5 acres with a lot coverage maximum of 10 percent. The city's SE development standards are based on the assumption that each parcel has a minimum of five acres allowing 21,780 square feet. of lot coverage for a five -acre parcel. As a result of the site being zoned SE but having a lot size of 48,351 square feet, the maximum lot coverage permitted for this site is 4,835 square feet. The city's incorporation effectively reduced the property's lot coverage maximum more than threefold. Pervious surfaces such as grass grid pavers, which are calculated at one-half their actual coverage, are not proposed far the driveway due to its 13 percent slopes. Best management practices do not recommend pervious surfaces with slopes greater than five percent slopes due to loss of infiltration capabilities on such grade changes. Pervious paving is proposed for the relatively flat parking area adjacent to the garage. Therefore, staff concludes the variance is necessary due to special circumstances relating to the size and topography of the property. 3. That the granting of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the subject property is located. Development on the site must be designed and constructed in accordance with all other development standards of the Suburban Estate zoning district pursuant to FWRC 19.195.010 including, but not limited to, building height, required yards, and parking. Additionally, any single-family detached dwelling unit will have to meet all applicable environmentally sensitive areas,, stormwater, and utility connection requirements, as well as building, fire, electrical, and plumbing codes. Approximately 2, 027 square feet of the lot coverage is attributed to pervious concrete parking area adjacent to the garage. These surfaces allow stormwater to filter through voids within the pavement and infiltrate into the underlying ground as an alternative to the current sheet flowing of stormwater off site. Staff finds this an appropriate method of mitigating effects of lot coverage and recommends the proposed pervious paving as a condition of the variance approval. Granting of the variance is not anticipated to have adverse effects resulting from lot coverage,. as the applicant will be required to. comply with, the 2009 King County Surface Water Design Manual to mitigate stormwater impacts of the proposed improvements. Therefore, staff concludes that granting of the requested variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone. 5 Prior to the city's incorporation, the subject property would be permitted 16,923 square feet of lot coverage. Reagan Residential Variance Page 5 Process IV `Hearing Examiner's Decision' 10-104032-00-UP/ooa. ID. 56219 4. That the special circumstances of the subject property are not the result of the actions of the owner of the subject property. As stated previously, the special circumstances related to the subject property are the result of the city's incorporation and adoption of increased lot sizes for SE zoned lots. Process IV Decisional Criteria 1. It is consistent with the comprehensive plan. The Federal Way Comprehensive Plan (FWCP) contains goals and policies to help guide growth and development of the City. The FWCP provides general policy framework as a basis for implementing development regulations and other city programs. The subject lot is designated as Single -Family — Low -Density by the FWCP, and zoned SE — Suburban Estate. An applicable policy in the FWCP Housing Chapter is as follows: HGI Preserve and protect the quality of existing residential neighborhoods and require new development to be of a scale and design that is compatible with existing neighborhood character. The applicant is proposing to construct a reasonably sized home with associated appurtenances that would not be inconsistent with the scale and design of other residences in the neighborhood. 2. It is consistent with all applicable provisions of this title and all other applicable laws. Upon review of the variance proposal, city departments and agencies with jurisdiction offered no objections to the proposed variance in relation to the decisional criteria. If the variance is approved, improvements on the subject property must comply with all other development standards and code requirements. 3. It is consistent with the public health, safety, and welfare. Upon review of the variance proposal, city departments and agencies with jurisdiction offered no objections to the proposed variance in relation to public health, safety, and welfare. If the variance is approved, improvements on the subject property must comply with all other development standards and code requirements. Surface water runoff from lot coverage impacts will be mitigated via compliance with the 2009 King County Surface Water Design Manual. As the property was originally developed prior to building, surface water and other environmental regulations, health, safety and welfare should be improved as a result of the variance. 4. The streets and utilities in the area of the subject property are adequate to serve the anticipated demand from the proposal. The subject lot fronts on SW 307'h Street, which is a private roadway serving eight private residences. The capacity of 307'h Street and the street network in the vicinity is sufficient to accommodate the demand from a single-family detached dwelling unit on the subject property. All urban utilities serving the existing home will be transferred to the new home if the variance is granted. The requested variance to allow the increase in lot coverage would not result in any additional impacts to the streets and utilities in the area. Reagan Residential Variance Page 6 Process IV `Hearing Examiner's Decision' 10-104032-00-UP/D«. LD 56219 5. The ,proposed access to the subject property is at tine optimal location "and configuration for access. Access to the lot is from private road 307'h Street SW. The location of the access point along the lotfrontage is the optimal location and configuration to reach the closest right-of-way 43"dAve SW. The lot coverage variance request would not result in any modication to the access to the single-family residence. 6. Traffic safety impacts for allmodes of transportation, both on and off site,,are adequately mitigated. If the variance is granted, the applicant will be required to adequately mitigate any traffic safety inadequacies applicable to the site redevelopment. Such review would be a component of the single-family buildingpermit. No mitigation is required as a result of granting the lot coverage variance. TRANSMITTED TO THE FOLLOWING PARTIES: Hearing Examiner — Phil Olbrechts, Olbrechts & Associates, 18833 NE 74'h Street, Granite Falls, WA 98252 Project Applicant — Kirk and Denise Reagan, 11410 Farwest Drive SW, Lakewood, WA 98498 Applicant Agent — David Boe, Boe Architects, 705 Pacific Avenue, Tacoma, WA 98402 Federal Way Staff — Matthew Herrera, Associate Planner / Isaac Conlen, Planning Manager / Peter Beckwith, Assistant City Attorney Reagan Residential Variance Page 7 Process IV `Hearing Examiner's Decision' 10-104032-00-UP/Doc. I.D. 56219 CITY OF Federal Way NOTICE OF PUBLIC HEADING FILE Notice is hereby given that the City of Federal Way Hearing Examiner will hold a public hearing at 2:00 p.m. or soon thereafter on Wednesday, January 5, 2011, in the Federal Way City Council Chambers, 33325 8th Avenue South, Federal Way, WA. Project Name/File Number: Reagan Residential Variance - 10-104032-00-UP Project Description: Applicant is requesting a variance from the 10 percent maximum lot coverage requirement within Suburban Estate (SE) zones to construct one single-family residence. Applicant: Kirk & Denise Reagan, 11410 Farwest Drive SW, Lakewood, WA 98498 Project Location: 4342 SW 307`h Street, Federal Way, WA 98023 Date Application Received: September 22, 2010 Date Determined Complete: October 7, 2010 Date of Notice of Application: October 9, 2010 Requested Decision and Other Permits Included with this Application: Applicant has requested a variance pursuant to Federal Way Revised Code (FWRC) Chapter 19.45. The city will use Process IV `Hearing Examiner's Decision' to review and decide upon the variance application. Staff has determined the application is categorically exempt from a State Environmental Policy Act threshold determination pursuant to Washington Administrative Code 197-11-800(6)(b). Existing Environmental Documents: Critical Areas Inventory. Additional site specific documents will be submitted and available for review at the time of building permit application. Development Regulations to Be Used for Project Review Known at this Time: FWRC Title 19, `Zoning and Development Code.' Public Comments and Appeals: Any person may submit written comments to the Hearing Examiner by delivering these comments to the Department of Community Development Services prior to the public hearing date or by giving these directly to the Hearing Examiner at the public hearing. Any person may provide verbal comments during the hearing and/or request a copy of the decision. Only the applicant, persons who submit written or provide verbal comments to the Hearing Examiner, or persons who specifically request a copy of the written decision may appeal the land use decision. Details of appeal procedures will be included with the written decision. Availability of File: The official project file and existing environmental documents are available for public review during normal business hours at the Department of Community Development Services, 33325 8h Avenue South, Federal Way, WA 98063-9718. Staff Contact: Matthew Herrera, Associate Planner, 253-835-2638 Published in the Federal Way Mirror on December 15, 2010, Doe I D 56438 Event Result Notes 1976 -Federal Way Zoning RS 9600 zoning designation 35% lot coverage maximum Guidelines. Adopted via King County Ord. 2907 1980 — FW Revised Down -zoned to Suburban 1. 35,000 s.f minimum lot Community Plan & Area Estate (SE). size. Zoning. Adopted via King Designation amended due 2. 35% lot coverage County Ord. 4733 to conflicts w/ county SMP maximum conservancy designation. 1986 — Updated FW No changes to zoning No changes to lots size or Community Plan and Area designation. lot coverage standards. Zoning. Adopted via King County Ord. 7746 1990 — City incorporation & SE zoning remains, but city 1. 5 acre minimum lot adoption Comprehensive density standards down- size. Plan/Zoning Code. zone the lot. 2. 10% lot coverage maximum. IAReagan Property Timeline.doc CITY OF FEDERAL WAY DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES DEVELOPMENT REVIEW COMMITTEE TRANSMITTAL DATE: September 30, 2010 TO: Ann Dower, Senior Engineering Plans Reviewer • Development Services • Traffic Scott Sproul, Assistant Building Official Brian Asbury, Lakehaven Utility District Chris Ingham, South King Fire & Rescue FROM: Matthew Herrera FOR DRC MTG. ON: October 7, 2010 —Internal Completeness FILE NUMBER(s): 10-104032-00-UP RELATED FILE NOS.: None PROJECT NAME: REAGAN RESIDENTIAL VARIANCE PROJECTADDRESS: 4342 SW 307TH ST ZONING DISTRICT: SE PROJECT DESCRIPTION: Variance request to increase the maximum SE zoning lot coverage from 10% to 17.8% to allow redevelopment of the single-family property. LAND USE PERMITS: Process IV Hearing Examiner Decision PROJECT CONTACT: David Boe Boe Architects 705 Pacific Avenue Tacoma, WA 98402 MATERIALS SUBMITTED: 1. Signed MLU application (8) 2. Letter of Transmittal 3. Public Notice Materials 4. Vicinity Map/Aerial Photo 5. Copy of Tacoma Water Bill 6. Title Report (2) 7. Site Photos (8) 8. Responses to Variance Criteria (8) 0 LETTE'R OF T'R A N S M I'T T A L Kirk and Denise Reagan Residence, 4342 SW 307th Street, Federal Way,, WA To:. Greg Fewi' s - ++� Dipector City of Federal Way/Department of Community Development From: David Boe _ BOE architects, pllc cc: Kirk and Denise Reagan -Erik'Kessler Date: 21 September 2010 Via: Delivery RE: Application for Residential Variance (Lot Coverage) - Planning Process Type IV Kirk and Denise Reagan Residence, 4342 SW 307th Street, Federal Way, WA Parcel No.: 112103-9071 Further to the PreApplication Conference of 22 July 20.10 (File # 10-102684-00-PC) 'and the coordination of our. application with Matthew Herrera - Associate Planner/City of Federal Way, we are pleased to submit the following Application for the Planning Process Type' IV for. a Lot Coverage kesidential Variance: A. Master Land Use Application (8 copies) B. Check for Application Fee: $1,200.00 (Check No. 9872) C. Copy of King -County Assesso_r's Parcel Map (8'/2" x 11 "_) D. Vicinity Map (8 %" x 11 ") E. Current Title Report for the Subject,Property (2 copies) F. Copy'of existing residence water/sewer bill showing availability G. Site Photographs from each compass point referenced to a site plan (8 copies) H. Process IV: Two (2) sets of self -ad dressed,, stamped business -sized envelopes (with City of Federal' Way return 'address) of persons receiving property tax statements for all properties within 300 feet of the boundary of, the subject property including a separate list of the addresses with their parcel numbers and an assessor's map showing the 300-foot boundary... I. Statement of Justification: A written Statement of Justification .for the Variance Request per the variance criteria of Chapter 19.45 of the Federal Way Revised. Code -- including supporfing Lot Coverage Analysis of Existing and Proposed, and Excerpt from the City of Federal Way Zoning Map for area of the subject parcel. In my.discussion with Mr. Herrera, the following Was not deemed to be required fora complete application at this time-, 1. Concurrency Application 2. SEPA Checklist (proposed project is outside of Critical Area Buffer) 3. Geo=Technical Evaluation (proposed project is outside of Critical Area Buffer) If you have any questions on this application, please do not hesitate to contact me @' (253) 383-7762. Thank you for your assistance in the processing of this variance request. RECEIVED S E P 705 Pacific Avenue L. CITY OF FEDERAL WAY Tacoma' WA 98402 C D S 253.383.7762 Fax.383.8041 6• 1 Rainier Title Kirk S. Reagan 11410 Farwest Drive SW Lakewood, Washington 98498 Date: October 1, 2008 File # 449936 RE: Clifford C. Bergerson and Patricia Bergerson, Trustees of the Bergerson Living Trust / Reagan 4342 S.W. 307th Street Federal Way, Washington 98023 In connection with the above captioned transaction, enclosed please find the following: ❑ Commitment ❑ Document Copies ❑ Loan Policy ❑ Owner's Policy ❑ Other: We trust the above is satisfactory to you. If you should have any questions, please do not hesitate to contact our office. Kathy Hickey, Sr. Title Officer, Unit Manager Bill Quast, Sr. Title Officer • Shawna Cruikshank, Sr. Title Officer Brenda McCoy, Sr. Title Officer • Suzanne Desseau, Title Officer Genevieve Luke, Title Officer. • Rhonda Caton, Assistant Title Officer Racl►el Bramsen, Title Assistant +� E C E I �j �� E D Direct: (253) 671-1 120 Fax: (253) 476-3700 V Email: STU@rainiertitle.com • kathleenh@rainiertitle.com 1501 4th Avenue, Suite 308 a Seattle, WA 98101 SEP 2 2 2010 CITY OF FEDERAL WAY CDS COMMITMENT FOR TITLE INSURANCE Issued By Ra- inierTitle Commonwealth Land Title Insurance Company Form 1004-251D (Rev. 06/2006) ORIGINAL Rainier Title South Title Unit Direct: (253) 671-1120 • Fax: (253) 476-3700 RaifflerTitle Email: STU@rainiertitle.com • KathleenH@rainiertitle.com 1501 4th Avenue, Suite 308 a Seattle, WA 98101 SECOND REPORT SCHEDULE A 1. Effective Date: September 25, 2008 08:00 A.M. 2. Policy or Policies to be issued: O ALTA 2003 Homeowner Policy, (10122/03) Homeowners Resale Rate Order Number: 449936 Amount: $775,000.00 Premium: $1,469.00 Tax: $132.21 Proposed Insured: Kirk S. Reagan and Denise A. Reagan, husband and wife z ALTA Extended Coverage Loan Policy, Amount: To Be Determined (06/2006) Premium: To Be Determined Simultaneous Rate Tax: To Be Determined Proposed Insured: To Be Determined 3. The estate or interest in the land described or referred to in this commitment is: Fee Simple 4. Title to the fee simple estate or interest in the land is at the Effective Date vested in: Clifford C. Bergerson and Patricia Bergerson, Trustees of the Bergerson Living Trust, dated November 28, 1992 5. The land referred to in this Commitment is described in Exhibit A. Rainier Title, Agent for Commonwealth Land Title Insurance Company By: tw� Kathleen Hickey, Sr. Title Officer, Unit Manager Page 1 Order Number: 449936 EXHIBIT A Beginning at the Southeast corner of Government Lot 3, Section 11, Township 21 North, Range 3 East, W.M.; Thence North 1672.00 feet; Thence West 431.75 feet to the True Point of Beginning; Thence West 90.00 feet; Thence North to the Government Meander line; Thence Easterly along said meander line to a point due North of the true point of beginning; Thence South to the True Point of Beginning; Situate in the County of King, State of Washington. End of Schedule A SCHEDULE B PART There will be no standard exceptions to the Homeowner's Policy to be issued. I. The following are the requirements to be complied with: A. Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. B. Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record. NOTE: Effective January 1, 1997, and pursuant to amendment of Washington state statutes relating to standardization of recorded documents, the following format and content requirements must be met. Failure to comply may result in rejection of the document by the recorder. FORMAT: ■ Margins to be 3" on top of first page, 1" on sides and bottom, 1" on top, sides and bottom of each succeeding page. ■ Font size of 8 points or larger and paper size of no more than 8 Y2" by 14". Is No attachments on pages such as stapled or taped notary seals, pressure seals must be smudged. INFORMATION WHICH MUST APPEAR ON THE FIRST PAGE: ■ Title or titles of document. If assignment or reconveyance, reference to auditor's file number or subject deed of trust. • Names of grantor(s) and grantee(s) with reference to additional names on following page(s), if any. ■ Abbreviated legal description (lot, block, plat name or section, township, range and quarter section for unplatted). ■ Assessor's tax parcel number(s). e Return address which may appear in the upper left hand 3" top margin. II. Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of the satisfaction of the Company: A. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records, or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this commitment. B. Any policy issued pursuant hereto will contain the Exclusions From Coverage and, under Schedule B, the standard exceptions as set forth and identified as to the type of policy on the attached Schedules of Exclusions and Exceptions. End of Schedule B Part I Page 3 Order Number: 449936 SCHEDULE B PART II Special Exceptions: 1. Payment of real estate excise tax, if required, pursuant to the authority of RCW Chapter 82.45, and subsequent amendments thereto. The property described herein is situated within the boundaries of local taxing authority of City of Federal Way. As of the effective date herein, the real estate excise tax rate is 1.78%. 2. General taxes and charges for the year 2008, which have been paid. Amount: $8,046.39 Tax Account No.: 112103-9071-04 Levy code: 1204 Assessed value of land:$309,000.00 Assessed value of improvements: $404,000.00 3. The matters relating to the questions of survey, rights of parties in possession, and unrecorded liens for labor and material have been cleared for the loan policy which, when issued, will contain the 100 endorsement. 4. Informational Note: The legal description in this commitment is based upon information provided with the application for title insurance and the public records as defined in the policy to issue. The parties to the forthcoming transaction must notify the title insurance company, prior to closing, if the description does not conform to their expectations. 5. Terms and conditions of the Trust under which title is claimed. A copy of the trust and amendments, if any, must be submitted for our review. Any proposed transaction must comply with the conditions provided for in RCW 11.100.140 and/or RCW 11.110.020. 6. We find no pertinent matters of record against the name(s) of the vested owners. 7. We find no conveyances within the last 24 months. 8. According to the Application for Title Insurance, the Proposed Insured is Kirk S. Reagan and Denise A. Reagan, husband and wife. We find no pertinent matters of record against the name(s) of said party(ies). 9. Easement and the terms and conditions thereof: Grantee: Puget Sound Power & Light Company Purpose: Electric Transmission and Distribution Line Area affected: a portion of said premises Recorded: April 29, 1935 Recording No.: 2850533 10. Deed of Easement and the terms and conditions thereof: Recorded: January 14, 1936 Recording No.: 2882532 Regarding: Right of Way Page 4 Order Number: 449936 11. Easement and the terms and conditions thereof: Grantee: North Points Mutual Water Co. Purpose: Pipeline Area affected: a portion of said premises Recorded: July 22, 1959 Recording No.: 5058969 12. Agreement and the terms and conditions thereof. Recorded: April 26, 1963 Recording No.: 5575602 Regarding: Maintenance of a Private Road and Ingress, Egress and Utilities 13. Matters set forth by survey: Recorded: July 7, 1994 Recording No.: 9407079004 14. Right of the State of Washington in and to that portion, if any, of the land herein described which lies below the line of ordinary high water of Puget Sound. 15. Rights of the United States and the State of Washington to regulate the use or occupancy of that portion of the land lying below the line of the mean high tide. 16. Rights of State of Washington to that portion of the land, if any, lying in the bed of Puget Sound, if that waterway is navigable. 17. Rights and easements of the public for commerce, navigation, recreation and fisheries. 18. Any restrictions on the use of the land resulting from the rights of the public or riparian owners to use any portion which is now, or has been, covered by water. End of Schedule B Part II Page 5 Order Number. 449936 Additional Notes: A. Abbreviated Legal Description: Section 11, Township 21 North, Range 3 East, ptn Government Lot 3 B. Property Address: 4342 S.W. 307th Street Federal Way, Washington 98023 C. Investigation should be made to determine if there are any service, installation, maintenance or construction charges for sewer, water, telephone, gas, electricity or garbage and refuse collection. D. In the event this transaction fails to close, a cancellation fee will be charged for services rendered in accordance with our rate schedule. E. Unless otherwise requested, the forms of policy to be issued in connection with this commitment will be ALTA 2006 policies, or in the case of standard lender's coverage, the CLTA Standard Coverage Policy — 2006. The Owner's policy will automatically include the Additional Coverage Endorsement, when applicable, at no additional charge. The Policy committed for or requested may be examined by inquiry at the office which issued the commitment. A specimen copy of the policy form(s) referred to'in this commitment will be furnished promptly upon request. F. In the event that the commitment jacket is not attached hereto, all of the terms, conditions and provisions contained in said jacket are incorporated herein. The commitment jacket is available for inspection at any company office. G. The policy(s) of insurance may contain a clause permitting arbitration of claims at the request of either the insured or the company. Upon request, the company will provide a copy of this clause and the accompanying arbitration rules prior to the closing of the transaction. H. This is a sale transaction. The specific discounted rate classifications applied to the owner's policy, and any lender's policy also requested for this transaction, are disclosed in Schedule A of the preliminary commitment. Other discounted rate classifications may apply, including the: Residential Resale Rate Combination Rate Short Term Rate Prior Title Evidence Rate Builder's and Subdivider's Rate Simultaneous Issue Rate Attached is a brief description for these rates. PLEASE INFORM YOUR TITLE OFFICER IF YOU THINK YOUR TRANSACTION QUALIFIES FOR ONE OF THE LISTED DISCOUNT PREMIUM RATES. You may reach your title officer at: Kathleen Hickey, Sr. Title Officer, Unit Manager • Email: kathleenh@rainiertitle.com Direct: (253) 671-1120 • Fax: (253) 476-3700 Page 6 Order Number: 449936 ' 'erTitle Discounted Rate Disclosure Addendum — Sale Order No. 449936 This is a sale transaction. The specific discounted rate classifications applied to the owner's policy, and any lender's policy also requested for this transaction, are disclosed in Schedule A of the preliminary commitment. Other discounted rate classifications may apply, including the: Residential Resale Rate — To insure the buyer on a sale of an existing one -to -four family residence or condominium. Short Term Rate — If a title policy has been issued within the last five (5) years. Prior Title Evidence Rate -- If a copy of a prior title policy or commitment issued by any title company Is submitted with an order for title insurance upon land without a one -to -four family residential structure. Builder's and Subdivider's Rate -- If the land has been or is to be divided; if the proposed purchaserldeveloper builds for resale or lease; if divided parcels are being sold or leased; or for standard owner's policies following completion of construction. For a lender's policy insuring a development loan on land which has been or is to be divided and for a lender's policy insuring a construction loan. Simultaneous Issue Rate — If an additional lender's or owner's policy is issued at the same time as the purchaser's policy, only a small fee is charged for the same coverage type and amount as the owner's policy. PLEASE INFORM YOUR TITLE OFFICER IF YOU THINK YOUR TRANSACTION QUALIFIES FOR ONE OF THE LISTED DISCOUNT PREMIUM RATES. You may reach your title officer at: Kathleen Hickey, Sr. Title Officer, Unit Manager • Email: kathleenh@rainiertitle.com Direct: (253) 671-1120 • Fax: (253) 476-3700 Please acknowledge your receipt of this disclosure by signing below. Name: Date: Name: Date: Please return to the Company at: 3560 Bridgeport Way W, #2E, University Place, WA 98466 Page 7 Order Number. 449936 RainierTitle PRIVACY POLICY We Are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information — particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means; Information about your transactions with us, our affiliated companies, or others, and Information we receive from a consumer reporting agency. Use of Information We request information from you for your own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or services you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies and escrow companies. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. Page 8 Order Number. 449936 Commonwealth Land Title Insurance Company, herein called the Company, for a valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A. in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the exceptions and conditions and stipulations shown herein, the Exclusions from Coverage, the Schedule B exceptions, and the conditions and stipulations of the policy or policies requested. (See reverse side of this cover and inside of back cover for printed Exclusions from Coverage and Schedule B exceptions contained in various policy forms.) This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement and is subject to the Conditions and Stipulations on the back of this cover. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate 180 days after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. Commonwealth Land Title Insurance Company NOTE: THE POLICY COMMITTED FOR MAY BE EXAMINED BY INQUIRY AT THE OFFICE OF RAINIER TITLE AND A SPECIMEN COPY OF THE POLICY FORM (OR FORMS) REFERRED TO IN THIS COMMITMENT WILL BE FURNISHED PROMPTLY UPON REQUEST. RAINIER TITLE IS AN ISSUING AGENT FOR Commonwealth Land Title Insurance Company, A LANDAMERICA COMPANY COMMITMENT CONDITIONS AND STIPULATIONS 1. The term mortgage, when used herein, shall Include deed of trust, trust deed, or olher security Instrument. 2, If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown In Schedule S hereof, and shall fall to disclose such knowledge to the Company in wrilfng. the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule S of Ibis Commilmenl accordingly, but such amendment shail not relieve the Company from liability previous€y Incurred pursuant to paragraph 3 of these Can ditlons and Stipulations. 3. Liahllily of the Company under this Commitment shall be only to the named proposed Insured and such parties Included under the definition of insured In the roan of pollcy or pal lclas committed for and only for actual foss incurred In reliance hereon in undertaking in good faith, (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown In schedule 13, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount staled in Schedule A for the policy or pollcfes committed for and such liability is subject to the Insuring provisions, the Conditions and Stipulations, and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the 6Ue to the estate or Interest or the status of the mortgage thereon covered by this Cam mitment must be based on and are subject to the provisions of this Commitment. SCHEDULE OF EXCLUSIONS FROM COVERAGE The matters listed below each policy form are expressly excluded from the coverage of that policy and the Company will not pay loss or damage, costs, altomeye fees or expenses which arise by reason thereof. AMERICAN LAN TITLE ASSOCIATION LOAN POLICY 0Oil 7f92) 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and toning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (It) the character, dimensions or location of any improvement now or hereafter erected on the land; (ill) a separation in ownershlp or a change In the dimensions or area of the land or any parcel of which the land is or was a part,; or (€v) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lion or encumbrance resulting from a violation or alleged violation affecting the land has been recorded In the public records at hate of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a police of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the fend has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Bate of Policy, but not excluding from coverage any taking which has occurred prior to Date or Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, [lens, encumbrances, adverse claims or other mailers: (a) created, suffered. assumed or agreed to by the Insured claimant; (b) not known to the Company, not recorded in the public records at Date of Polley, but known to the Insured cialmant and not disclosed In writing to the Company by the Insured claimant prior to the date the Insured claimant became an Insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Dale of policy (except to the extent that this Palley insures fie priority of the lien of the Insured mortgage over any statutory lien for services, labor or material); or (e) resulting in loss or damage which would not have been sustained if the Insured claimant had paid value for the insured mortgage. 4, Unenforceablhty of the lien of the insured mortgage because of the inability or failure of the insured at Date of Polley, or the inability or (allure of any subsequent owner of the Indebtedness, to comply with applicable doing business laws of the stale In which the land Is sltualed. 5. Invalidtty or unenforr_eability of the lion of the Insured mortgage, or claim thereof, which arises out of the transaction evidenced by the Insured mortgage and is based upon usury or any consumer credit protection or truth•In-fending law. B. Any stalulory lien for services, labor or materials (or the claim of priodly of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an improvement or work related to the land which Is contracted for and commenced subsequent to Dale of Policy and is not financed in whole or In part by proceeds of the Indebtedness secured by the Insured mortgage which at Date of Policy the insured has advanced or Is obligated to advance. 7. Any claim, which arises out of the transaction creating the Interest of the mortgage Insured by this policy, by reason of the operation of federal bankruptcy. state insolvency, or similar creditors' rights taws, that Is based on: (a) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (b) the subordination of the Interest of the Insured mortgagee as a result of the applioation of the doctrine of equitable subordlrtaVon, or (c) the transaction creating the interest of the Insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (1) to timely record the instrument of transfer; or (If) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (W17106) 1. (a) Any law, ordinanca, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibition, or relating to (I) the occupancy, use, or enjoyment of the Land; (11) the character, dimensions, or location of any improvement erected on the Land; (ill) the subdivision of land; or (iv) environmental protection; a the effect of any violation of these laws, ordinances, or govemman tal regulations. This Exclusion 1(a) does not modlly cr limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion doss not modify or limit the coverage provided under Covered Risk 7 or 0. 3, Defects. liens, encumbrances, adverse claims, or other matters (a) crealed, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting In no loss or damage to the I nsured Claimant; (d) attaching or created subsequent to Dale of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13, or 14); or (e) resulting in loss or damage that would not have been sustained If the Insured Claimant had paid value for the Insured Mortgage. 4. Linen forceability of the 11 on of the Insured Mortgage because of the inability or failure of an Insured to comply wilh applicable doing business fawn of the slate where the land Is situated. 5. Invalidity or unenforceablilly in whole or In pan of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and Is based upon usury or any consumer credil protection or truth - in -lending law. B. Any claim, by reason of the operation of federal bankruptcy, stale insolvency, or similar credltors rights laws, that the transaction creating the lien of the Insured Mortgage, Is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not slated in Covered Risk 13(b) of this. policy. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental aulhadly and created or attaching between Date of Policy and the date of retarding of the Insured Mortgage In the Public Records. This Excluslon does not modify or IimlI the coverage provided under Covered Risk 11(b). CLTA STANDARD COVERAGE LOAN POLICY 1990 1, (a) Any law, ordinance or governmental regulation (including but not limited to building of toning laws, ordinances, or regulations) restricting, prohibiting regulating, or reialing to (I) the occupancy, use, or enjoyment of the land; (11) the character, dimensions or location of any improvement now or hereafter erected on the land; (III) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land Is or was a pars; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a police of the enforcement thereof or a notice of a defect, Ilan or encumbrance resulting from a violation or alleged violation affecting the land has been recorded In the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded In the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whelher or not recorded in the public retards at Date of Policy, but treated, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded In the public records at Date of Policy, but knovm to the Insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the Insured claimant became an insured under this policy. (c) resulling In no toss or damage to the insured claimant; (d) attaching or created subsequent to Dale of Pal icy; or (e) resulting In loss or damage which voould not have been sustained if the Insured claimant had paid value for the Insured mortgage or for the estate or interest Insured by this policy. 4. UnenforceabllRy of the Ilan of the insured mortgage because of the inability or failure of the Insured at Dale of Policy, or the inability or failure of any subsequent owner of the Indebtedness, to comply Will the applicable doing business laws of the state In which the land Is situated. 5, Invalidity or u nenrorceabl Illy of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth -In -lending law. 6. Any claim, which arises out of the transaction vesting in the Insured the estate or Interest Insured by this policy er the transaction creating the interest of the insured lender. by reason of the operation of federal bankruptcy, state insolvency or similar cred tors' rights laws. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (I Oil 7192) 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating fo (I) the occupancy, use, or enjoyment of the land; (11) the character, dimensions or location of any Improvement now or hereafter erected on the land; (III) a separation in ownership or a change in the dimensions Ora rea of the land or any parcel of which the tan is or was a {fan; or (fv) environmental proles lon, or the affect of any violation of these laws, ordinances or governmental regulations, except to (he extent that a notice of the enforcement thereof or a nonce of a defect, lien or encumbrance resulting from a vlofallon or alleged violation affecting the land has been recorded In the public records al Date of Policy. (h) Any govemmenlal police power not excluded by (a) above. except to the extent that a notice of the exercise thereof or a notice of a defect. Sion or encumbrance resulting from a violation or alleged violation affecting the land has been recorded In the public records at Dale of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, (lens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the Insured claimant; (b) not known to the Company, not recorded In the public records at Dale of Policy, but known to the insured claimant and not disclosed In writing to the Company by the insured claimant prior to the dale the insured claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured claimant; (d) attaching or created subsequent to Dale of Policy; or (a) resulting in loss or damage which would not have been sustained If the Insured claimant had paid value for the estate or Interest Insured by this policy. 4. Any clam, which arises out of the transaction vesting in the Insured the estate or interest Insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that Is based on: (a) the transaction creating the estate or interest Insured by this pollcy being deemed a fraudulent conveyance or fraudulent transfer; or (b) the transaction creating the estate or Interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (1) to timely record the Instrument of transfer; or (0) of such recordation to Impart notice to a purchaser for value or a judgment or lien creditor. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (6117106) 1. (a) Any law, ordinance, permit, or governmental regulation (Including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use or enjoyment of the land; (ii) the character, dimensions, or location of any Improvement erected on the Land; (III) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This ixclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or B. 3. Defects, (lens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded In the Public Records at Dale of Policy. but Known to the Insured Claimant and not dlsclosed In writing to the Company by the Insured Claimant prior to the dale the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered RJsk 9 and 10: or (a) resulting in loss or damage that would not have been sustained If the Insured Claimant had paid value for the Mile. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as.shown In Schedule A, Is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between hate of Policy and the date of recording of the deed or other instrument of transfer in the f ublic Records that vests Title as shown in Schedule A. AMERICAN LAND TITLE ASSOCIATION HOMEOWNER'S POLICY OF TITLE INSURANCE FOR A ONE -TO -FOUR FAMILY RESIDENCE (10122103) In addition to the Exceptions In Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This Includes ordinances, laws and regulations concerning: a. building b. zoning c. Land use d. improvements on the Land - e. Land division f. environmental protection This Exclusion does not apply to violations or the enforcement of these matters If notice of the violation or enforcement appears in the Public Records at the Policy Dale. This Exclusion does not limit the coverage described in Covered Risk 14, 15, 16,17or24. 2. The failure of Your existing siructures, or any part of them, to be constructed In accordance with applicable building codes. This Exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records at the Policy Date. 3. The right to lake the land by condemning It, unless: a. a notice of exercising the right appears in the Public Records at the Policy Date; or b. the taking happened before the Policy Date and is binding on You If You bought the Land without Knowing of the taking. 4. Risks: a. that are created, allowed, or agreed to by You, whether or not they appear in the Public records; b. that are Known to You at the Policy Date, but not to Us, unless they appeared In the Public Records at the Policy Date; c. that result In no loss to You; or d. that first occur after the Policy Date — this does not limit the coverage described In Covered Risk 7, 8.d, 22, 23, 24 or 25. 5. Failure to pay value for Your Title. 6. Lack of a right: a. to any Land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or weterwoye that touch the Land. This Exclusion does net limit the coverage described In Covered Risk 11 or 18. SCHEDULE B GENERAL EXCEPTIONS The matters listed below each policy form are expressly excepted from the coverage of that policy and that policy does not insure against loss or damage (and the Company will not pay costs, attomeys' fees or expenses) which arise by reason thereof. SCHEDULE B EXCEPTIONS APPEARING IN ALTA OWNER'S POLICY —STANDARD COVERAGE AND CLTA STANDARD COVERAGE LOAN POLICY 1. Taxes or assessments which are not now payable or which are not shown as existing (fens by the records of any taxing authority that levies taxes or assessments on real property or by the public retards; proceedings by a public agency which may result In taxes or assessments, or nallces of such proceedings, whether or not shown by the retards of such agency or by the public records, 2. Any facts, rights. Interests or claims which are not shown by the public records but which could be ascertained by an Inspection of the land or which may be asserted by persons In possession, or claiming to be in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and wmplete land survey or the Land, and that is not shown by the Public Records. 5. Any lien, or right to a lien, for labor, material, services or equipment, or for contributions to employee benefit plans, or liens under workmen's companWI<3n acts, not disclosed by the public records. 6. (a) Unpatented mining claims; (b) reservations or exceptions in patents or In Acts aulhorixfng the issuance thereof; (c) Indian treaty or aboriginal rights, including, but not limited to. easements or equitable servitudes; or, (d) water rights, claims or line to water, whether or not the matters excepted under (a), (b), (c) or (d) are shown by the public records. 7. Right of use, control or regulation by the United States of America in the exerclse of powers over navigation; any prohibition or limitation on the use. occupancy or Improvement of the land resulting from the rights of the public or riparian owners to use any waters which may cover the land or to use any portion of the land which Is now or may formerly have been covered by water. 8. Any service, Installation, connection, maintenance or construction charges for sewer, water, electricity or garbage collecIlon or disposal, or other utiillles unless disclosed as an existing lien by the public records. SCHEDULE B EXCEPTIONS APPEARING IN ALTA OWNER'S POLICY —EXTENDED COVERAGE 1. Taxes or assessments which are not now payable or which are not shown as existing IIons by the records of any taxing authority that levies taxes or assessments on real property or by the public records; proceedings by a public agency which may result in Was or assessments, or notices of such proceedings, whether or net shown by the records of such agency or by the public records. 2. Underground easements, servitudes or installations which are not disclosed by the public records. 3. (a) Unpatertted mining claims; (b) reservations or exceptions in patents or in Acts authorlxJng the Issuance thereof: (c) Indian treaty or aboriginal rights, Including, but not ilmiled to, easements or equitable servitudes; or. (d) water rights, claims or title to water, whether or not the matters excepted under (a). (b), (c) or (d) are shown by the public records. 4. Right of use, control or regulation by the United States or America in the exercise of powers over navigation; any prohibition or limitation on the use, occupancy or improvement of the land resulting from the rights of the public or riparian owners to use any waters which may cover the land or to use any portion of the (and whlch is now or may formerly have been covered by water. S. Any service, Installation, connection, maintenance or construction charges for sewer, water, electricity, or garbage col tectlon or disposal, or other utilities unless disclosed as an existing lien by the public records. SCHEDULE B EXCEPTIONS APPEARING IN ALTA LOAN POLICY 110117192) and ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10122103) No general exceptions appear in these policy forms. . •erTftle Order No. 449936 T ILI This sketch is provided without charge, for your information. It is not intended to show all matters related to the property including, but not limited to: area, dimensions, easements, encroachments or location of boundaries. It is not a part of, nor does it modify, the commitmenttpolicy to which it is attached. The Company assumes Na LIABILITY for any matter related to this sketch. Reference should be made to an accurate survey for further information. RECEIVED SEP 2 2 2010 CITY OF FEDERAL WAY CDS SITE PHOTOS 4342 SW 307th Street, Federal Way, WA 15 September 2010 �r OC) NOVe13S dbVA 3GIS ,0 E — — - — — � cM j 1 w a m 0 O J w Z W I U z0 ¢ OU0 ! �0 i.9P Wm T N N ^^ I�.L j I r 7,1 1 a, lib 4 LL NOVe13S OaVA 3415,0E � � � -_ — to CL w a Q Z J a U W O I 0 Z W ¢ x rn O U w w J mJg w ¢ Qa Z Z vo N �z 0 rn z O O �m o za C7 a1 w Z w z as �_ ° ¢If U) 0 Z 0 H af w 0 x = wmz Q) w w waw 0 m H 0 w�¢o w z 0 I— z Ir �zaa Z ,LU V W U Q U) U L L cu z Jw w� �0 Z > w J a U) wo T Z O — LO — -� - W Z W — — — CL 3' rn O Q j O CL —CZ LLJ C/) 00 LL Z T IL f �J C/) �• co D z O 0C\j a U) f - CO X co u J a � W 4 < d, 09 0 LU < C. 02 OK LU 41, 9 STATEMENT 'OF JUSTIFICATION Kirk and Denise Reagan; Residence, 4342 SW 307t" Street, Federal Way, WA Variance Request - Total Lot Coverage: This variance request is to increase the maximum allowable Lot Coverage of the existing developed property at 4342 SW 307th Street (Parcel No 112103-9071) located within the Suburban Estate (SE) Zone from 10% to 17.8%. The Federal Way Revised Code (FWRC) in Section 19.195'.010 Detached Dwelling Unit = Use Zone Chart states: Lot Coverage = 10% Maximum The FWRC Definition of Lot Coverage in Section 19,110.020 Calculating Lot Coverage states: (1) General. Except as specified in subsection (2) of this section, the area of all structures, pavement and any other impervious surface on the subject property will be calculated as a percentage of total lot area, exclusive of the area of any recorded access easements; in determining compliance v0h maximum lot coverage required in this title. If the subject property contains more than one use, the maximum lot coverage requirements for the predominant use will apply to the entire development. (2) Exceptions. The following shall be excepted from the provisions of this section: (a) A wood deck will not be considered as an impervious surface for maximum lot coverage proposed N the deck is constructed with gaps between the boards and if there is a pervious surface below the deck. (b) A vehicular access easement, private tract, or that portion of a private driveway located within the "flag pole" or "access panhandle" part of the lot will not be used or considered in determining compliance with .the maximum lot coverage requirement of this title. (c) One-half of the area covered with grass grid pavers will be considered as impervious surface in determining compliance with the maximum lot coverage requirement of this title. The existing residence on,the subject property, was developed circa 1936. Applying the current Lot Coverage definition to this development yields a total' Lot -Coverage of 8,527 square feet or 17.6356% of the total property area of 48,351 square feet (1.11 acres). Please see enclosed Existing Site Plan. RECEIVED SEP 2 2 2010 CITY OF FEDERAL WAY CDS Statement of Justificatio . - Lot Coverage Increase Kirk and Denise Reagan Residence, 4342 SW 307th Street, Federal Way, WA 21 September 2010; page 2 of 6 Design Summary: The proposed project is for the redevelopment of the 74.year old residential property by re -using the location of the existing driveway access, - parking area; -septic field and residence location. New improvements include the construction of a new residence with garage and -site improvements including new driveway paving and. a storm water management system per City, of Federal Way standards. The existing residence has a total footprint of approximately 2,236 square feet. The proposed residence has a footprint of approximately 2,838 square feet plus the addition of a 3 car garage of approximately 1,192 square feet (being`located in the existing concrete patio area of fhe site).' Due to the steepness of the existing entrance driveway _(approximately 13% grade), this redeveloped drive is required to be an asphalt -or concrete impervious surface in order to provide reasonable access'to the. residence;'however, the parking area at the top of the driveway access is proposed to be porous pavement (porous pavement is not recommended for slopes over 5% and not allowed_ on slopes greater than 10%). Please see enclosed Proposed Site Plan. Recently developed and redeveloped projects in the vicinity and within the same SE zone have residence building areas over 3,000 square feet with the largest being approximately 5,100 square feet. Redevelopment of the property will also. allow an increase in the value of improvements from the currently accessed $98,000.00 with a new investment proposed of approximately $650,000.00. , Loft Coverage Analysis: The proposed redevelopment of the site will increase the. total Lot Coverage Area by 68 square feet (less than 1 % from the existing) to upgrade the property consistent.with the quality level of the directly adjacent and surrounding properties. Furthermore, 1,850 square feet of this coverage (21.5%-of the total proposed Lot Coverage) -is proposed to be constructed of pervious paving. While the FWRC does include a 50% credit for a grass-crete - type -of paving in Section 19.110.020 (2)c, the code has not been updated to include other pervious paving systems currently being used in residential and commercial construction and thus this Lot Coverage Credit is not being incorporated into this variance request: If a similar credit was applied for -this porous paving area, the net overall revised Lot Coverage would be less than 14% for the entire property. While it would be ideal to also include the access driveway in similar type porous paving, the steepness -of the existing topography would preclude the use of these types of porous paving materials (as noted previously, the maximum allowable slope with a porous paving material is 10% with slopes less than 5% recommended). The 20-foot access easement along the South Property line is not included in the total Lot Coverage calculations as allowed by FWRC Section 19.110.020 (2)b. i Statement of Justificatic,.. -,Lot Coverage Increase Kirk and Denise Reagan Residence, 4342 SW 307th Street, Federal Way, WA 21 September 2010; page 3 of 6 ' Cily of Federal Way Comprehensive Plan: The Federal Way Comprehensive Plan (FWCP) does not specifically address individual lots or variances; however, the following is included. at the Introduction of Chapter 5: Housing Policy: This Federal Way Comprehensive Plan (FWCP) Housing chapter, together with the Land Use chapter-, is perhaps the most personal components of the comprehensive. plan. Their policies affect the immediate environment in which residents live and raise their families. The primary:goal of the Housing chapter is to create high quality neighborhoods that meet Federal Way's current and future housing needs for all economic groups and household -types. It does this by preserving existing neighborhood character while also encouraging the development -of a wide range of -housing types. The Land Use chapter determines the location and densities of that new housing. Specific policies that support the proposed redevelopment of this property within an existing neighborhood include: I : HG 1: Preserve and protect the qualify of existing residential neighborhoods and require new development to be of a scale and design that is compatible with existing neighborhood character. HP6: If allowed by applicable law, development inside and outside the City should be required to provide their fair share of onsite and-offsite improvements. and HP15: Review zoning, subdivision and development regulations to ensure that they further housing policies and don't create unintended -barriers. This is of particular importance for small lot and cottage housing developments. In order to facilitate small lot and cottage housing developments, it is particularly important to revise, as necessary, the subdivision and development regulations, that govern their development. , The proposed redevelopment of the existing property maintains the development scale and design character that is commensurate, and compatible with- the existing neighborhood. Furthermore, the existing residence does not have any storm water management systems since its development preceded such requirements. This existing condition results in the majority of the storm water from the property to sheet flow down to SW 307th Street. With this property redevelopment proposal, all of the impervious surfaces will be controlled by a storm water, management system Which would directly improve the surrounding properties from uncontrolled storm water run-off (properties that lie directly South of the subject parcel). Combined, these policy statements look for redevelopment of older residential properties along with the incorporation of site storm water facilities per the FW RC. Statement of Justificatic,- Lot Coverage Increase Kirk and Denise Reagan 'Residence, 4342 SW 307th Street; Federal Way, WA 21 September 2010; page 4 of 6 Variance Criteria: Per Chapter 19.45 Variances of the FWRC, we respectfully submit that granting of this variance request of the subject property should be - approved because: 1. The variance will riot constitute a grant of special- privilege inconsistent with the limitations upon uses of other properties in the vicinity and zone in which the property is located: -This approval of this variance will not constitute ❑ special privilege relative to other properties in the zone or vicinity for which the property is located. The adjacent property to the East was approved through a variance in 2005 by the City of Federal Way to increase their Lot Coverage beyond 10% for new residential construction on a then vacant parcel of Land in order to construct a residence of similar quality to the surrounding neighborhood (Federal Way File No. 05-103397- 00-U P) 2. The variance is necessary because of special circumstances relating to the size, shape, topography, -location or surroundings of the subject. property to provide it with use rights and privileges permitted to other properties in the vicinity and zone in -which the subject property is located: The subject property has .a number of existing site conditions that require the increase of the maximum Lot Coverage beyond 10%. These conditions include: A. Property Size: The total property size is 48,351 square feet (1.11 acres) and was originally constructed under the auspices of unincorporated King County under the IRS 9,600 zone classification which allowed for a maximum Lot Coverage of 55%. The minimum lot size in the current SE zone is 5 acres; therefore; the_ 10% maximum lot coverage is difficult to achieve considering that the site is approximately 1 /5th the minimum area of the underlying zoning requirement. If the property was a full 5-acre parcel as required for a new lot development, the maximum allowable Lot Coverage'would be 21,780 square feet (or 250% more than -the proposed - redevelopment project). B. Property Shape: The property is -incredibly narrow relative to its overall length. This narrowness reduces the efficient layout of the residence footprint, garage and parking area in order to minimize the total Lot Coverage.' A wider site would, allow for a incorporation of the garage and parking 'in -line' with the main residence resulting in a total reduction of the impervious surface by a minimum of 14.5% (or would allow for a total revised, coverage of approximately 15% without incorporating any -porous paving surfaces). C_ Property Topography_: The existing site topography slopes up from SW 307th-at about a 13% slope until a relative flat area exists approximately 120 feet into the property (Le. the location of the existing parking area). A steep slope to the north of this flater area is Statement of Justificatic,.. - Lot Coverage Increase Kirk and Denise Reagan Residence, 4342 SW 307th Street, Federal. Way, WA 21,September 2010; page 5 of 6 unbuildable and is also located within the designated Critical Area Buffer. This existing topography thus locates the proposed redeveloped house in approximately the same location of the previously developed structure and complies with all other setback and height requirements of the underlying zoning. A site with a flatter topography would have more options for relocating the main structures -close to SW �07th and thus reduce the total Lot Coverage' since a shorter driveway could be incorporated into the design. D. Property Location: As noted previously, this lot - along with 8 other continuous residential properties -along the bluff -were established in unincorporated King County and were designated as an IRS 91600 Zone (with 55% Lot Coverage). In 1-986, King County changed the zoning to Suburban Estates which increased the minimum lot size from 9,600 square to 35-000 square feet and restricted the maximum allowable Lot Coverage to 35%. Upon incorporation into the City of Federal Way, this SE zoning was further down -zoned to minimum 5 acre parcels and a maximum 10% Lot Coverage. The premise for this down - zone was'to protect Dumas Bay and associated wetlands; however, when looking at the zoning around Dumas Bay, the majority of this zoning is actually IRS 15 and RS7.2 (much higher intensity of development than the Suburban Estates requirements). The actual reality of the existing and proposed Lot Coverage has little impact on Dumas Bay as the -developed portions slope to the South directly away from the Puget Sound (and are protected by the Critical Area designation). The small pond/wetland area to the South of the property is furthermore surrounded by-RS15-zoning (please see attached excerpt from the City of Federal Way Zoning Map). When -reviewing the surrounding zoning, and the rest of the zoning in 'Federal Way, it is clear that this SE zoning is an anomaly among the shoreline residential zoning for the rest of the`city with a majority of the properties not even meeting the minimum lot size required by the revised SE zoning requirements (i.e. 67% of the properties within this SE zone area). The rest of the zoning along the City of Federal Way shoreline has a minimum RS35 classification (a zoning designation that has a minimum 35,000 square foot lot area and allows a maximum of 35% lot coverage) - a zoning designation that is much more appropriate to the character of the established neighborhood (and consistent with the directly adjacent zoning ,to the South of IRS 15). While an anomaly in zoning is not a criteria for a variance, the older properties in this residential area cannot be reasonably redeveloped Without relief from the associated Lot Coverage maximum allowed under the Suburban Estates zoning. Without such relief, redeveloped properties will not be able to incorporate current building code and environmental standards and thus will succumb to deterioration - Statement of Justificatic., . - Lot Coverage Increase Kirk and Denise Reagan Residence, 4342 SW 307th Street, Federal Way, WA 21 September 2010; page 6 of 6 something that would be contrary to the City of Federal Way's adopted Comprehensive Plan. 3: That the granting of the variance will not be materially detrimental to the public welfare of injurious to the property or improvements in the vicinity and zone in which the subject property is located.: Granting of this variance will allow for redevelopment of the property which will be directly beneficial to the properties in the vicinity and zone in which the property is located. The incorporation of a storm water management system to handle the impervious surfaces will have great benefit to the surrounding properties. The redevelopment of -the existing property consistent with the quality -and character of the adjacent properties will also increase the property values of the other residential properties in the vicinity, zone and neighboring zones. 4. The special circumstances of the subject property are not the result of the actions of the owner of the subject property: All of the existing conditions of the property, structures, site access, property size, property_shape, property topography, and underlying'zoning were- established prior to the purchase of,the, property in 2008 by the current Owners who are applying for this variance. Granting of this variance; request, to increase the Lot Coverage from 10% to 17.8% will allow for the existing residential property to be redeveloped consistent with the goals o the City of Federal Way Comprehensive Plan and provide a direct public welfare benefit to the surrounding properties -through the incorporation of a storm water management system., z O Q ZD U Q U Q LU Q N O LU CL ►l �w W 0 1 �r LL LL LL- 00NogC' N — 't FM x LU J 0 LL V) r" N LO W LU IV N 1— O J J 0 LL N M 06 d' r) z LU W I O > p W > 0- ry • NOV813S 4NVA 341S AL Nov913S @iVA 341S.OL w a O 0 W J W❑ > 0 U Q = Io ❑ m J Z W 0m zg �a w w Lo0 0 C� w wm �- LL NE CO CO- 1 LI/ 1 �v LU Y � � a U ` N W OX wa 00 U w Aga O v'o a 3 az O cn � W 0 0 Z z CO73 w ¢ z w a. co Oz ❑ ¢ 0-1z0 W 2 z 0 � 9 H W Lu W Q W 0 m f= 0 ww<0 w z0Hz w J Z Q Q WIN U O_ �- O N ci) w m L w wa w (n U) C) Z Uz0 >ly < w z 0 °O 0 �> w J U z3 o0< Q J w> 04?U J 0- Wo i2Q— J ~ 30" LU cn L l o !� w Lu I w — tL , �z w J w H Er TI-F ~ I 1" U) � U' O u. z 140 N U) II IL W r Z 0 Q J U W V) 0 W IL ►: —w U) U -of-1 w IL 3 x 0 0 I IL C� Z � Q z <n C 3 J V W Q Z � J � � Q O w p 0 30pIL�0 Q0"'NO V) p =) w O J ZC)W J W M > ui � xm0CL w 1L U ,L 1L L. NOcnCD f-, LO M � CV QO�opO C- LO �-q�Lo —cV o0 W N 0 J F- 0 U_ cM LU 0 > O CL w F F1 Z XJ W wwN'w j W Q W Q 2i Lu U Or Z Z O W If Z pO ZNNQ J a J N 0 � U O= U = �Z w W O O 2 z w N OQ Z x w Q w J W Q QU W W >w OU aOM Y 4az NcSo o Ww= o� Nw w to o Z CL W m Q U C] Oz UU as w¢ J W Q CO oz =O Q X z n a W j a— Z N O � W OCL Z :�5 z Uz0 Q Q m p � w�U o UQ C-4 Z U 120 I If >Q I F > Q f f 0 LU U_ w rLLJ M 3 v; n cY; v U O CLo N CV NW �m L w W n mw cn O 0 M r * Parcels in SE zone that meet minimum 5 acre size 35,000 sf lot size 50% lot coverage N N.T.S. Dumas RMU Variance Request - Total Lot Coverage 4342 SW 307th Street, Federal Way, WA Excerpt from City of Federal Way Zoning Map Surrounding Zoning E C E T V E [MASTER LAND USE APPLICATION A4 DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES 01m.k.- 33325 8`h Avenue South CITY OF SEP 2 G 2PJ PO Box 9718 FederalWaYCITYFederal Way ax 98835-2609 -9718 OF FEDERAL WAY 253-835-w.citvax-cralway.com _ www.citvoffe-cralway.com CDS APPLICATION NO(S) Project Name --IL-e of Property Address/Location _r Vz l-o _2�- 9071 ,a &fF ow, aeo Parcel Number(s) Project Description PT RASF. PRINT — < O .-32 v plf Date --- 3+7, sw nor" sr-, �n��►� L,&)A est -to � nUtRSG L6e, 5,6 zpn 6cUe,Pa! 64 rO, M 1 vl -FO 17. Type of Permit Required _ Annexation Binding Site Plan _ Boundary Line Adjustment Comp Plan/Rezone Land Surface Modification Lot Line Elimination Preapplication Conference Process I (Director=s Approval) Process II (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: Eennnereie /Residential Required Information t5+&,-mg Designation 5l k+ 'Mprehensive Plan Designation �y Value of Existing Improvements V Value of Proposed Improvements International Building Code (IBC): " � G � ti !! Occupancy Type •rPI Construction Type Applicant ,r } Name; Address:. f i f f fl w w "i City/State: J,,r,tk,�y(,t7ood� i Zip: — P � 7 �6 /� Phone: �. 3 ] �� • DOD+ Fax: 0/4 �5n . LD Email: IG p vw" �N Signature:�(,�,;, (YlO Agent (if than Applicant)) G Name: W116-C1 ' rC.7�l! �'►'+'�s/ PI1G Address: 7,06 Pho . P C! av GV1 V e- City/State: 'j L D Iy1 �• (�J b Zip: e>,b 7/ Phone: �i�J?s� 3S 'r 7 7 Fax: (?5, 3�� Email: Owners` r Ice Name: �S1A 1.5. 5 �V1 r '� Address: } 14-10 Fv-w � pRVG �w City/State: Va VOpd�l, w a Zip: 9 f? r� mm 4 PhoFax- 62,53) "� a I�Y�5I7 , co y% Email: jcp Pa,��v1 Signature: Bulletin #003 - August 18, 2004 Page 1 of 1 k:\Handouts\Master Land Use Application A�kCITY OF Federal October 8, 2010 David Boe Boe Architects, PLLC 705 Pacific Avenue Tacoma, WA 98402 `IFILE 1 CITY HALL 33325 8th Avenue South Way Mailing Address: PO Box 9718 Federal Way, WA 98063-9718 (253) 835-7000 www.cityoffederalway.com RE: FILE #10-104032-00-UP; LETTER OF COMPLETE APPLICATION Reagan Residential Variance, 4342 SW 307`' Street, Federal Way Dear Mr. Boe: The Department of Community Development Services is in receipt of your September 22, 2010, Process IV `Residential Variance' Master Land Use application. The applicant is requesting a variance from Federal Way Revised Code (FWRC) 19.195.010 Suburban Estates (SE) detached dwelling unit 10 percent lot coverage maximum. Pursuant to FWRC 19.15.045, the department is responsible for notifying the applicant of its completion status within 28 days of the submitted application. NOTICE OF COMPLETE APPLICATION Please consider this correspondence a formal Letter of Complete Application. This complete application determination is based on a review of your submittal, relative to those requirements as set forth in FWRC 19.15.040. The submittal requirements are not intended to determine if an application conforms to the City of Federal Way codes; they are used only to determine if all required materials have been submitted. Having met the submittal requirements, a Notice of Application will be published in the Federal Way Mirror, posted on the city's official notice boards, and mailed to property owners within 300 feet of the subject property. The applicant is responsible for posting a notification board prepared by the city. The cost of the board is $40.00, payable at the permit counter. The notification board will be ready for pick up at the Permit Center will call area by 8:00am Wednesday, October 13, 2010. NEXT STEPS A technical review of the variance application will now begin. The Hearing Examiner will issue a decision on the application within 120 days of this letter. Please be advised that the 120-day review time will stop whenever the city or agencies with jurisdiction request corrections, additional studies or information. The 120-day review time will begin within 14 days from the date the information has been provided to the city. A notice of public hearing will be issued at least 14 days prior to the hearing date and a staff report with recommendation will be made available within seven days of the public hearing. October 8, 2010 Page 2 CLOSING If you have any questions regarding your project, please contact me at 253-835-2638 or matt.herrera@cityoffederalway.com S i 11cerely, Matthew Herrera Associate Planner enc: Bulletin 035 `Instructions for Public Notice Sign' Bulletin 036 `Sign Installation Certificate' c: Kirk and Denise Reagan, 11410 Farwest Drive SW, Lakewood, WA 98498 Rebecca Chapin, Planning Intern I0-104032 Doe I D. 55957 FEDERAL War IRROR A SOUND PUBLISHING NEVAHR Affidavit of Publication Rudi Alcott, being first duly sworn on oath, deposes and says that he is the Publisher of The Federal Way Mirror, a semi -weekly newspaper. That said newspaper is published in the English language continually as a semi -weekly newspaper in Federal Way, King County, Washington, and is now and during all of said time has been printed in an office maintained by the aforementioned place of publication of said newspaper. That the annexed is a true copy of a legal advertisement placed by City of Federal Way — Community Development as it was published in regular issues (and not in supplemental form) of said newspaper once each week for a period of one consecutive week(s), commencing on the 15th day of December 2010 1 and ending on the 15th day of December 2010 both dates inclusive, and that such newspaper was regularly distributed to its readers during all of said period. That the full amount of the fee charged for the foregoing publication is the sum of 126.90, which amount has been paid in full, or billed at the legal rate according to RCW 65.16.090. Subscribed to and sworn before me this 27th day of December, 2010. Notary Public in and for the State of Washington, Residing at Federal Way ��tttrrrrf,�r � r • DEC �.. *, is - 2Q13 rrrr�T,4FlYt 1414 S. 324th STREET, SUITE B210, FEDERAL WAY, WA 98003 ■ 253-925-5565 ■ f A X: 253-925-5750 rw.Feederalwayn*ro-rcotii wwN.ftw-arks. NOTICES Cf -Y OF FEDERAL WAY t (YnCE OF PUBLIC HEARING Notice is hereby given that the City of Federal Way Hearing Exarher will hold a public hearing at 2:00 p.m. or soon thereaher or, Wednesday, January 5, 2011; in Ihe.:Federal.Way City Council Chambers, 33325 Sth Avenue South, Federal Way, WA. Projec , F. ,. l li It �1'. k'eagan Residenfia: Variance -10-104032700-UP Project Description: Applicant is requesting a variance f*m the 10 percer, maximum lot coverage requirementwithin Suburban Estate (SEi ?ones to construct one single-family residence. Applicant: Kirk & Denise Reagan, 11410 Farwest Drive SW, Lakewood, WA 88498 Project Location: 4342 SW 307th Street. Federal Date Application Received: September 22, 2010 E' :tc Dete1111i1 --A Inc m u = 7- Date of Notice of Application: October 8, 2010 Ft rtCfe . Qe[-coon aril Diller F`Fr mit, 11x,luded v4 tfi Appfva cx'r Applicant l ryti rk-.qire~ted a variance pursuant to Federal Way Reuised Cade (FWRC) Chapter 19.45.-The city will use Process ITHeanng Examiner's Decision to review and decide upon the variance application. S10 has delerrnined the application Is categorically exempt from a State Environmental Policy Act thre.^•tz' - - . IIIl4l.lr';" tJ-- I..'.0 t. ti.':: :-III'rJtan A Ilfilipistrative • 1 '? t -1 " t 1 .- +';:�, (.9. C.il rpaS n mniory..7ra iili�, tat r:il I :I Fi,! : (:, - 1:1 1;1 tx- sulwniifed arld mail-Ir I.r i , I; 1, 1. Li'. • Ii-I10 —.4 =,LfitC Fig permit app:. �_•,:il_n- Devi krpment �u'air:: Fieview. Knovin at thr: i iI I F-' J-'C: %: 1'.I•'i-: III'.. .! II I t.-•.. -. Public Comments and Appeals: Anv person may submit written comments to the Hearing Examiner by delivering these comments to the Department of Community Development Services prior to the public hearing date or by giving these directly to the Hearing Examiner at the putAic hearing. Any person may provide verbal comments during the hearing and/or request a copy of the decisim, Only the applicant, persons who submit written or provide verbal comments to the Wearing Examiner. or persons who specifically request a copy of the written decision may appeal the land use decision. Details of appeal procedures will be included with the written decision. Availability of File. The official project file WW existing environmental documents are available for public review during normal business hours at the Department of Community Development Services, 33325 81h Avenue South, Federal Way, 18063-9717. Staff Contact: Matthew Herrera, Associate Planner. 2�as5-2G38 Fftil[727 Date r 115. 201q. W01 2 f HIGH EFFICIENCY THROUGH WALL FURNACE VENT KEYNOTE LEGEND Key TagDescription 3.B-1 CAST IN PLACE CbNCRE IT f ; i O.N °J11CCaD TRIM ROOF TC3+AI,L FLASHING -TYP. &P-6 2 X 8 WD FASCIA € 6,R-1 I`-ttARDIEPLANK LAP SIDING SELECT CEDARMILL (B" E P4$URE) r 6.R- s FIBER CEMENT COMPOSITE (H RDEEPEANK) SIDING FOR �-IAKE -SHINGLE APPEARANCE -PRIMED AND PAINTED 1 7.P B $-4 CEDAR CORNER TRIM -SEE DETAIL 7 D ARCHITECTURAL PROFILE COMPOSITION ROOFING SHINGLES COVER UNDERLAYMENT MEMBRANE ' I Ur flat .u„.�., 7:P PREFiNlSHED CONTINUOUS GUTTER — ` 1 314"' .o I� IW I€ Io1 D �ML_V a r r-L 1JMLuf,/J LIV 004-VV 1 4 o a° 4.;r4ot,"(K UE. NU LUZ',L'J TIGHTLINE i ,VE€~tTLAWREN 8.G-5 FIBERGLASS OR COMPOSITE DBL GLAZED ti1VlNDC<'W AS SCHEDULED ArRCHITEu T. Second Floor I rri , VIA t3 2t6 5 14 I st elate 157' - 7" ARM Fr H C F Plate a GaragLAL Arvid"N", At DTL BY BLDR �._,... _ Vpper Plate _ Second Floor — --- 1 58' y 9 3/4" Plate at Garage_# 155' 6„ --- - __ 5 C Sill Plate -� 147'-3718" j Garggeu_ lab A:, I - 1430"Z/ 1B-1 ! 9.GI First Floor 1484 - 8� B 0 Sill 'late 147` - 3 7/81' Foundation _'_'-,Garage Slab 143' - (Y' - - - - - - Copyright 209 E-1t J Amhffect3 PLW vrence A Johnson, A(chileo.'DO NOT COPY Wltml wia auMurzafico trurF) ttF a chi ct 14a'67 U;S C and the A¢ctrl.edural Copyi Ehl A. of 19 J, V.1.101650, Tgtie VII pra'utdes means art injunction and statutory dada for inkinsgen 1. 1 k � New Residence Kirk and Denise Reagan Date ;3 Asindicated WJ Drown By. L� Checked By; LJ '1 ] Shi et Number; A3141 CL Date. 05/1710 EXHI IT C' PAGE...L....0F_A;. _ 143 ($) + 145.75 (E) + 148 (N)+ 146 (W) / 4 = 145.7 171-145.7 == 25.3 FEET -t 30 1171' - 0 41/32" MIDPOINT E { -- -,. OPEN SOFFIT 12 5 C ANTtL.EVERE0 FLOOR AT BATH -SHOWER 4OR r I LEVATIV 1/410 ROOF TO WALL. FLASHING - 167'-93/4' KEYNOTE LEGENQI Key Tag Description 6 N WOOD TRIM 6,F'r5 2 X 8 VVD FASCtr , g 6.R-1 14AIRDIEPLANK LAP SIDING - SELECT CEDARMILL, (6" EXPOSURE) &R-5 FIBER CEMENT COMPOSITE (HAR tERL.ANK) SIDING. FOR SHAKE -SHINGLE, APPEARAh. E -PRIMED AND PAINTED 6.S-1 2X.6 BAND BOARD WITH FLASHING 2X16 BAND BOARD WITH FLASHING 6.S-4 CEDAR CORNER TRIM -SEE DETAIL � 7:O ARCHITECTURAL PROFILE COMPOSITION ROOFING SHINGLFS OVER UNDERI HYMEN MEMBRANE 7,P PRE FINISHED CONTINUOUS ALUM GUT 'TER • 77.Q RREF-INI at-IED GALS/ STEEL CAR ALUM DOWNSPC)t, T I O 4" UNDE.RGFtOUI�� D C:L OSED TIGH'TL INE Tv VENT i.0 FIBERGLASS OR COMPOSITE DBL GLAZED WIN 0A5 SCHEDULED X i F KH 8uriw, WA 206-276- -19 TUR ARCORITrCl I tt.�'rt�d�fs h. .kti9lPt�ikAl :I C"bt IJ AmMect PLLC and Laurence A Johnson, Architect. DO ROT COPY;sillwot wri tin autnariaabt€r ffum the i a.mbi+ol, Titla 17 U.&C and tho Archil tural C9P.yq htAr 10f ram, t ?1° 161-6 . Title Vil provides means for injumion and statutarf dal��lar infrintl�ent. -- _. Upper Plate 3/4" — ma Second Flot.��I _ Plate at Garage 155' - _ First Flo oc � yy 148'-6" =11 S Q .Siu Plate 1= 147' 3 7/8i II Foundation New Residence Kirk, and Denis'e Reagan Federal Way, WA Garage Slab Ar - . - - w F F�oqlin r -, 141 - 3 -( (=� I— ;- - ! i= R...r dicated Scale: ! I 51 — T _ � I Crav"rn E9y. LJ Checked By: Sheet Number! t Uj s Date, 05/1 7/10 0 SOME TREES NOT SHOWN W FROM STREET SOME TREES NOT SHOWN (-A-J§o from SE ROM NORTH LAWRENCE JOHNSON ARCHITECT Bvfieq, VVA 206.2176.5210 A Of I L.] 11 r P I If-11111t A. 111111181111 Cop right 2009 HH,J ArchiteuI5 PLLC aria Lavience A,Jcftam Arch WL DNOT without Oe wwn authmizabon holn: the archZeLOOT CO Tille 17 US C and She ArditeddrM Copyright m of 1990, P.1 101-650, Tiotlu V11 proodes fmarts fxi*pdon and stalQtm damages for intingermat. amil K irk and Denise Reagan 4342 SW 307th St. Federal Way, WA OVERVIEW -ROOF REMOVED KITCHEN EXHIPIT.1�7 PAGE .!..OF.T�