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16-104830 AND 16-104955MASTER LAND USE APPLICATION RECEIVED DEPARTMENT OF CommuNrryDEVELOPMEN"f 33325 8'h Avenue South CITY OF SEP 3 0 2016 Federal Way, WA 98003-6325 Federal Way 253-835-2607; Fax 253-835-2609 CITY OF FEDERAL WAY www.cityoffcderafway.com CDs l 10 to q.�y— L. #0 �r � t 0�°//to APPLICATION NO(S) Date 9/15/2016 Project Name Jonasson Residence Property Address/Location 4346 SW 307a` St, Federal Way WA 98023 Parcel Number(s) 1121039030 Project Description Application for Administrative Variance — Exceedence of 10% Impervious Surface Area PLEASE PRINT 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 11(Site Plan Review) X Process III (Project Approval) — Variance 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: Commercial/Residential Required Information SE -- Suburban Estates _Zoning Designation Sgl Family — Low Density -Comp P1anDesignation $0 Driveway + dat a Value of Exist Improvements $15,873 Value of Proposed Improvements International Building Code (IBC): _Occupancy Type Construction Type Applicant Name: Carl Jonasson Address: 4346 SW 307, St City/State: Federal Way, WA Zip: 98023 Phone: 253-874-0197 Fax: Email: carl.jonasson@comcast.net Signature: Agent (if different than Applicant) Name: Address: City/State: Zip: Phone: Fax: Email: Signature: Owner Name: Carl Jonasson Address: 4346 SW 307th St City/State: Federal Way, WA Zip: 98023 Phone: 253-874-0197 Fax: Email: carl.jonasson@comcast.net Signature. Bulletin #003 —January 1, 2011 Page 1 of 1 k:\landouts\Ivlaster Land Use Application 16 -1(n9ss-uP ATJONASSON CONSULTANTS LLC October 10, 2016 City of Federal Way RECEIVED Community Development Department 33325 8"' Avenue South OCT 10 2016 Federal Way, WA 98003 CITY OF FEDERAL WAY Re: Application for Process IV Variance CDS Exceedence of 10% of Impervious Surface Area Dear Development Department, Please revise the previous Administrative Variance Request of October 3, 2016 to a Process IV variance Request, per instructions from Mr. Dave Vandeweghe, City of Federal Way Planning Department. Thank you. Sincerely, Carl Jonasson 4346 Southwest 307th Street Federal Way, WA 98023 Tel: (206) 963-1718 AZ. JONASSON CONSULTANTS LLC October 3, 2016 City of Federal Way S E P 3 0 2016 Community Development Department CITY OF FEDERAL WAY 33325 8th Avenue South CDS Federal Way, WA 98003 Re: Application for Administrative Variance Exceedence of 10% of Impervious Surface Area Dear Development Department, The Jonasson family, residing at 4346 SW 307th St is making application for an Administrative Variance due to the exceedence of 10% of the maximum allowable 10% impervious surface area on the subject property. Justification for the application, in accordance with FWRC 19.45.030, follows. In 2004, permit was received to remodel the residence, with a net addition of 89 square feet of impervious surface area. At that time, the impervious surface area was just under 10%. Presently, nine of the tax lots adjoining and to the east of 4346 are zoned SE, Surburban Estates, the development criteria for which require 5 acre lots with a maximum allowable 10% impervious surface area. None of the nine lots are on 5 acres, as most are between 1 and 2 acres. Our lot has but 0.93 acres, with a graveled driveway and a small parking area near the front door in solid pavers. In 2010, we improved our landscaping and concrete paved the driveway and the small_arking area, which resulted in the exceedence of 10% of impervious surface area. When the residence at 4342 was being built some 6 years ago, the City of Federal Way inspector stated that a rezoning of the area would be undertaken very soon. We assumed that would be the case and that the 10% regulation would be dropped. In addressing 19.45.030, please consider the following: (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 high bank waterfront houses immediately to the east of the subject property were granted variances to allow the 10% exceedence. (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." At 0.93 acres, 4346 SW 307th St is the smallest of the 9 lots of high bank waterfront in the area. About %2 of the lot is unbuildable, due to the steep slope down to Puget Sound, and a portion of which is below the mean higher high water line. Forcing the 10% regulation on such a small lot would make it very difficult to maintain the lot with similar qualities of appearance and esthetics established by the properties nearby. 4346 Southwest 307t' Street Federal Way, WA 98023 Tel: (206) 963-1718 JC JONASSON CONSULTANTS LLC (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." The granting of the variance would bring our property in line with and be complementary to the other improvements in the vicinity. (4) "That the special circumstances of the subject property are not the result of the actions of the owner of the subject property." We relied on the statement by the City inspector several years ago, but made assumptions that were incorrect; that the properties were not rezoned and that paving over a graveled area, which is considered partially impervious, would be measured differently for its impervious characteristics. The additional paving was accomplished without a permit, as it should have been. However, special circumstances are evident on the subject property, which deserve consideration. The 9 lots referred to previously should have been rezoned some time ago, as none of the lots are on a minimum of 5 acres, as Suburban Estates zoning requires. Waterfront lots on the east side of Dumas Bay are zoned RS 15, which allow for 50% impervious areas. Those lots are also small in size and appear to be zoned correctly. The nine lots including, and just east of 4346 should have been zoned similarly. Forcing our lot to revert to 10% impervious coverage would be detrimental to the site, which would adversely affect properties nearby in terms of our diminished property value and its effect on nearby properties. In addition, our tax base would reduce, resulting in slightly lower tax revenue to the City. If the concrete paving were demolished and the driveway and parking area left in gravel and pavers, a significant decrease in property value would be the resultant, adversely affecting properties nearby. If the driveway and parking area were paved with pervious concrete, some degradation would occur on the driveway over time because vehicular traffic climbing and turning on it would wear it down due to its strength characteristics being less than with standard concrete paving. As concrete deteriorates, some free particles of cement are released, and rain water will undergo a chemical reaction with it. The ph of the water will change and when it reaches water courses, it will be detrimental to aquatic life. This is the reason Federal Way prohibits broken concrete exposure on site, per 16.50.020 (26). If grass pavers were used, the breakdown and the affect on aquatic life would be even greater. The installation of a drainage infiltration gallery would be very difficult since all utilities are located along the east fence line, the lowest area on the lot, and the best location for the gallery if it were required. Those utilities would have to be relocated and a different easement for such would have to be issued. The septic drain field takes up most of the remaining room. The installation of a subterranean detention facility under the driveway, in a location near the low point on site is as difficult as a drainage and infiltration gallery, due to interferences with utilities. If the facility were installed in the driveway, near the gate, utilities serving the gate, and those running underground from the utility pole to the fence 4346 Southwest 307t" Street Federal Way, WA 98023 Tel: (206) 963-1718 Jo NASSON CONSULTANTS LLG on the east side, would also have to be relocated. Similarly, there is no room for a biofiltration swale large enough to handle a sufficient volume of runoff, as the swale would have to be located along the east fence. Although the paving that caused the impervious surface requirement to be exceeded was performed without a permit, for the best interests of the City, nearby property owners, and us, the most beneficial action to all would be to issue an Administrative Variance as requested. Thank you for your attention. Sincerely, Carl and Denise 3onasson 4346 SW 3070' St Federal Way, WA 98023 Home 253-874-0197 Carl 206-963-1718 Denise 206-719-2390 4346 Southwest 307th Street Federal Way, WA 98023 Tel: (206) 963-1718 3 ALTA COMMITMENT FOR TITLE INSURANCE Issued By agent: QFidellity National Title COMPANY OF WASHINGTON, INC, Commitment Number_ 611134436 Commitment - SECOND FIDELITY NATIONAL TITLE INSURANCE COMPANY, a California corporation ("Company"), for a valuable consideration, 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 in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this Commitment. 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 by the Company. All liability and obligation under this Commitment shall cease and terminate six (6) months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request This Commitment shall not be valid or binding until countersigned by a validating officer or authorized signatory. IN WITNESS WHEREOF, FIDELITY NATIONAL TITLE INSURANCE COMPANY has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A. Countersigned By: Authorized Officer or Agent Fidelity National Title Insurance Company By: Attest: Ll= President Secretary AMERICAN Copyright American Land Title Association. All rights reserved. LAND TITLE ASSOCIATION The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Comrnirtment (Adopted: 06.17.2306) Panted: SPS- -1 - 08:26.43 Page 1 WA-FT-FTMA-01530.610051-SPS-1-16�11134435 FIDELITY NATIONAL TITLE COMPANY OF WASHINGTON COMMITMENT NO. 611134435 COMMITMENT - SECOND ISSUING OFFICE: FOR SETTLEMENT INQUIRIES, CONTACT: Title Officer: Bill Fisher / Mike McCarthy / Terry Sarver Escrow Officer: Pamela -Naas Fidelity National Title Company of Washington Fidelity National Title Company of Washington, Inc. . 3500188th St. SW, Suite 300 6450 Southcenter Blvd., Suite 107 Lynnwood, WA 98037 Tukwila, WA 98188-2552 Phone: (425)771-3031 Phone: 206-830-5189 Fax: 866-458-3141 Main Phone: (425)771-3031 Main Phone: (206)830-5188 Email: Unit2@fpf.com Email: Pamela. Maas fnf.com SCHEDULE A ORDER NO. 611134435 1. Effective Date: September 15, 2016 at 08:00 AM 2. Policy or (Policies) to be issued: a. ALTA Homeowner's Policy of Title Insurance 2010 Proposed Insured: Stuart Earl Brown and Natalie Novick Brown, husband and wife Policy Amount: $1,240,000.00 Premium: $ 2,626.00 Tax: $ 249.47 Rate: Homeowner's Total: $ 2,875.47 b. ALTA Loan Policy 2006 Proposed Insured: Coastal Capital Funding, Inc., its successors and/or assigns as their respective interests may appear. Policy Amount: $940,000.00 Premium: $ 1,153.00 Tax: $ 109.54 Rate: Lender Simultaneous Extended Total: $ 1,262.54 3. The estate or interest in the land described or referred to in this Commitment is: FEE SIMPLE 4. Title to the estate or interest in the land is at the Effective Date vested in: Carl F. Jonasson and Denise K. Jonasson, husband and wife 5. The land referred to in this Commitment is described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF END OF SCHEDULE A ERMAN Copyright American Land Title Association. All rights reserved. LAND TITLE A%NmIATIDN The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Commitment (Adopted: 06.17.2006) Printed: 09.23.18 Q 08:26 AM Page 2 WA-FT-FTMA-01 530.610051-SPS-1-1"1 1134435 EXHIBIT "A" Legal Description For APNIParcel ID(s): 112103-9030-04 THE WEST 74.88 FEET OF THE EAST 596.64 FEET OF GOVERNMENT LOT 3, SECTION 11, TOWNSHIP 21 NORTH, RANGE 3 EAST, W. M, IN KING COUNTY, WASHINGTON, EXCEPT THE SOUTH 1,672 FEET THEREOF; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. AMERICAN Copyright American Land Title Association. All rights reserved. LAND TITLE ASSOCIATION The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Commitment (Adopted: 06.17.2006) Panted 09.23.16 �S 08:26 AM Page 3 WA-FT-FTMA-01530.610051-SPS-1-16�11134435 FIDELITY NATIONAL TITLE COMPANY OF WASHINGTON SCHEDULE B COMMITMENT NO. 611134436 COMMITMENT - SECOND Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: GENERAL EXCEPTIONS A. Rights or claims of parties in possession, or claiming possession, not shown by the Public Records. B. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete survey of the land. C. Easements, prescriptive rights, rights of way, liens or encumbrances, or claims thereof not disclosed by the Public Records. D. Any lien, or right to a lien, for contributions to the employee benefit funds, of for state workers compensation, or for services, labor, or material heretofore or hereafter furnished, all as imposed by law, and not shown by the Public Records. E. Taxes or special assessments which are not yet payable or which are not shown as existing liens by the Public Records. F. Any lien for service, installation, connection, maintenance, tap, capacity or construction or similar charges for sewer, water, electricity, natural gas or other utilities, or for garbage collection and disposal not shown by the Public Records. G. Unpatented mining claims, and all rights relating thereto. H. Reservations and exceptions in United States Patents or in Acts authorizing the issuance thereof. I. Indian tribal codes or regulations, Indian treaty or aboriginal rights, including easements or equitable servitudes. J. Water rights, claims or title to water. K. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the Effective Date but prior to the date the Proposed Insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. AMERICAN Copyright American Land Title Association. All rights reserved. LAND TITLE ASSOCIATION The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Cammilment (Adopted: 06.17.2006) Printed: 09.23.16 @ 08:26.AM Page 4 WA-FT-FTMA-01530.610051-SPS-1-16-611134435 FIDELITY NATIONAL TITLE COMPANY OF WASHINGTON SCHEDULE B (continued) SPECIAL EXCEPTIONS COMMITMENT NO. 611134436 COMMITMENT - SECOND Easement(s) for the purpose(s) shown below and rights incidental thereto as set forth in a document: In favor of: North Points Mutual Water Co Purpose: Pipeline or pipelines Recording Date: July 22, 1959 Recording No.: 5058968 Affects: The southerly portion of said premises Easement(s) for the purpose(s) shown below and rights incidental thereto as set forth in a document: Purpose: Road Recording Date: April 26, 1963 Recording No.: 5575602 Affects: The southeasterly portion of said premises Said easement contains a provision for bearing a proportionate or equal cost of maintenance, repair or reconstruction of said road by the common users. 3. Easement(s) for the purpose(s) shown below and rights incidental thereto as set forth in a document: In favor of: Puget Sound Power and Light Company Purpose: Underground electric transmission and/or distribution system Recording Date: October 3, 1979 Recording No.: 7910030739 Affects: The east 5 feet of the south 230 feet of said premises 4. Latecomer Agreement Executed by: Lakehaven Utility District, a municipal corporation and Kirk S. Reagan & Denise A. Reagan, husband and wife Recording Date: June 18, 2013 Recording No.: 20130618002704 5. Question of location of lateral boundaries of said second class tidelands or shorelands. 6. Any prohibition or limitation of use, occupancy or improvement of the Land resulting from the rights of the public or riparian owners to use any portion which is now or was formerly covered by water. 7. Paramount rights and easements in favor of the United States for commerce, navigation, fisheries and the production of power. n MiRICAX Copyright American Land Title Association. All rights reserved. eakoIins W00AIM9 The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Commitment (Adopted: 06,17.2006) Printed: 09.23.16 0 00:26 AM Page 5 WA-FT-FTMA-01530.610051-SPS-1-18-611134435 FIDELITY NATIONAL TITLE COMPANY OF COMMITMENT NO. 611134436 WASHINGTON COMMITMENT - SECOND SCHEDULE B (continued) 8. Reservations and exceptions in United States Patents or in Acts authorizing the issuance thereof; Indian treaty or aboriginal rights. 9. Payment of the real estate excise tax, if required. The Land is situated within the boundaries of local taxing authority of the City of Federal Way. Present rate of real estate excise tax as of the date herein is 1.78 percent. Any conveyance document must be accompanied by the official Washington State Excise Tax Affidavit. The applicable excise tax must be paid and the affidavit approved at the time of the recording of the conveyance documents. (NOTE: Real Estate Excise Tax Affidavits must be printed as legal size forms). An additional $5.00 Electronic Technology Fee must be included in all excise tax payments. If the transaction is exempt, an additional $5.00 Affidavit Processing Fee is required. 10. General and special taxes and charges, payable February 15, delinquent if first half unpaid on May 1, second half delinquent if unpaid on November 1 of the tax year (amounts do not include interest and penalties): Year: 2016 Tax Account Number: 112103-9030-.04 Levy Code: 1204 Assessed Value -Land: $318,000.00 Assessed Value -Improvements: $174,000.00 General and Special Taxes: Billed: $7,259.24 Paid: $3,629.62 Unpaid: $3,629.62 11. A deed of trust to secure an indebtedness in the amount shown below, Amount: $482,000.00 Dated: November 30, 2012 Trustor/Grantor: Carl F. Jonasson and Denise K. Jonasson, husband and wife Trustee: Fidelity National Title Group -FNTIC Beneficiary: Mortgage Electronic Registration Systems, Inc., solely as nominee for Quicken Loans Inc. Recording Date: December 24, 2012 Recording No.: 20121224000341 12. Title is to vest in Stuart Earl Brown and Natalie Novick Brown and will be subject to: t� AMERICAN Copyright American Land Title Association. All rights reserved. LAND TITLE +sw[urue< The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Commitment (Adopted: 06.17.2006) Pfinted: 09.23.16 Q 06:26 AM Page 6 WA-FT-FTMA-01530.610051-SPS-1-16-611134435 FIDELITY NATIONAL TITLE COMPANY OF WASHINGTON COMMITMENT NO. 611134436 COMMITMENT - SECOND SCHEDULE B (continued) a. We find various matters of record against persons/entities with name(s) similar to Stuart Earl Brown and Natalie Novick Brown. The Company requires that the Confidential Information Statement(s) attached to this commitment be completed and returned to this office in a timely manner in order for the Company to make a final determination as to the effect of said matters. END OF EXCEPTIONS NOTES The following matters will not be listed as Special Exceptions in Schedule B of the policy. There will be no coverage for loss arising by reason of the matters listed below because these matters are either excepted or excluded from coverage .or are not matters covered under the insuring provisions of the policy. Note A: Note: FOR INFORMATIONAL PURPOSES ONLY: The following may be used as an abbreviated legal description on the documents to be recorded, per Amended RCW 65.04.045. Said abbreviated legal description is not a substitute for a complete legal description within the body of the document: PTN GOV LT.3, SEC 11-21-3E Tax Account No.: 112103-9030-04 Note B: The Public Records indicate that the address of the improvement located on said Land is as follows: 4346 Southwest 307th Street Federal Way, WA 98023 Note C: There are NO Conveyances affecting said land recorded within 36 months of the date of this report Note D: Note: The Company is willing to issue an Extended Coverage Lenders Policy. General Exceptions A through K, inclusive, are hereby deleted. ALTA 22-06, ALTA 8.1 and ALTA 9-06 Endorsements will issue with the forthcoming -lenders policy. AMERICAN Copyright American Land Title Association. All rights reserved. LAND TITLE ASSOCIATION The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Commitment (Adopted; 06.17.2006) Prinked. 09.23.16 Qo 06:26 AM Page 7 WA-FT-FTMA-01530.610051-SPS-1-16-611134435 FIDELITY,NATIONAL TITLE COMPANY OF COMMITMENT NO. 61113"35 WASHINGTON COMMITMENT - SECOND SCHEDULE B (continued) Note E: Effective October 1, 2014, Fidelity National Title Company offices in Pierce, King, Kitsap and Snohomish Counties will no longer be charging a flat rate recording fee. All files will be charged the actual county recording fees. For Snohomish County, there is an additional $4.00 per document electronic recording processing fee. RECORDING CHARGES ARE SUBJECT TO CHANGE WITHOUT NOTICE. Note F: The language contained in the printed Exceptions from coverage and Conditions and Stipulations of the Policy committed for may be examined by inquiry at the office which issued the Commitment, and a specimen copy of the insurance Policy Form(s) referred to in this commitment will be furnished promptly upon request. Note G: Investigation should be made to determine if there are any service, installation, maintenance, or connection charges for sewer, water, electricity or Metro Sewer Treatment Capacity Charge. Note H: In the event the transaction fails to close and this commitment is cancelled, a fee will be charged to comply with the State Insurance Code and the filed schedule of this company. Note I: Instruments necessary to create the estate or interest or mortgage to be insured must be properly executed, delivered and duly filed for record. Note J: Your application for title insurance was placed by reference to only a street address or tax identification number. Based on our records, we believe that the legal description in this report covers the parcel(s) of Land you requested. If the legal description is incorrect, the seller/borrower must notify the Company and/or the settlement company in order to prevent errors and to be certain that the correct parcel(s) of Land will appear on any documents to be recorded in connection with this transaction and on the policy of title insurance. Note K: As part of Fidelity Title Company's commitment to the environment, we encourage the paperless distribution of our products whenever possible. To help conserve natural resources, we will automatically issue the forthcoming original policy(ies) electronically. Please provide us with a current e-mail address for the new owner and/or lender prior to closing or by emailing Unit2@fnf.com. Hard copy versions may be issued upon request. AME0.ICAN Copyright American Land Title Association. All rights reserved. LAND TITLE ASSOCIATION The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. IFF ALTA Commitment (Adapted: 06.17.2006) Printed: 09.23.16 @ 08:26 AM Page 8 WA-FT-FTMA-01530.610051SPS-1-16-611134435 FIDELITY NATIONAL TITLE COMPANY OF COMMITMENT NO. 611134435 WASHINGTON COMMITMENT - SECOND SCHEDULE B (continued) Note L: Notwithstanding anything to the contrary in this Commitment, if the policy to be is other than am ALTA Owner's Policy (6/17/06) or ALTA Loan Policy (6/17/06), the policy may not contain an arbitration clause, or the terms of the arbitration clause may be different from those set forth in this Commitment. If the Policy does contain an arbitration clause, and the Amount of Insurance is less than the amount, if any, set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Note M: Any documents being executed in conjunction with this transaction must be signed in the presence of an authorized Company employee, an authorized employee of an agent, an authorized employee of the insured lender, or by using Bancsery or other approved third -party service. If the above requirement cannot be met, please call the Company at the number provided in this report. Note N: Fidelity National Title Co., 3500 188th St SW #300, Lynnwood, WA 98037 Cutoff time for recording release in King County is 2:00 PM, any release after 2:00 PM will record the following day. Cutoff time for recording release in Snohomish County is 1:00 PM, any release after 1:00 PM will record the following day. Note O: This map/plat is being furnished as an aid in locating the herein described Land in relation to adjoining streets, natural boundaries and other land. Except to the extent of a policy of title insurance is expressly modified by endorsement, if any, the Company does not insure dimensions, distances or acreage shown thereon. Note P: NOTE: The premiums shown in Schedule A reflect final premiums after any applicable discounts based upon the policies listed. However, the Consumer Financial Protection Bureau (CFPB) also requires disclosure of non -discounted premiums. The Closing Disclosure premium breakdown required by CFPB is as follows. Loan Policy premium without simultaneous issue or other discounts: $3,482.00 Loan Policy sales tax: $330.79 Owner's Policy (CFPB required calculation method**): $297.00 Owner's Policy sales tax: $28.22 Title Binder and Title Search fees: None Endorsements: Premiums and sales tax are available upon request ('"CAUTION: The Owner's Policy premium calculation method for CFPB disclosure purposes requires adding the Owner's and Loan Policy discounted premiums from Schedule A and subtracting the "Non -Discounted" Loan Policy Premium, even though that does not conform to our filed rate calculation methods and could result in a negative number.) AMERICAN Copyright American Land Title Association. All rights reserved. W40 T,TLC WCC1AIPi The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Commitment (Adopted: 06.17.2006) Printed: 09.23.16 @ 08:2e AM Page 9 WA-FT-FTMA-01530.610051-SPS-1-16-611134435 FIDELITY, NATIONAL TITLE COMPANY OF WASHINGTON SCHEDULE B (continued) END OF NOTES END OF SCHEDULE B COMMITMENT NO.61113"35 COMMITMENT - SECOND AM"ICAN AM[kICAN Copyright American Land Title Association. All rights reserved. LAND THE •S10CurtlN The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. AtTA Commitment (Adopted o5. t 7.2006) Printed: 09.23.16 @ 08:26 AM Page 10 WA-FT-FTMA-01530.610051-SPS-1-16-611134435 FIDELITY, NATIONAL TITLE COMPANY OF COMMITMENT NO. 611134436 WASHINGTON COMMITMENT - SECOND CONDITIONS 1, The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquired 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 B hereof, and shall fail to disclose such knowledge to the Company in writing, 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 know=edge, 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 B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions. 3. Liability 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 form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, 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 stated In Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions 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. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. 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 title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000.000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at h#g.1 www.alta.or�r. END OF CONDITIONS t� AM ERICAN Copyright American Land Title Association. All rights reserved. LAND TITLE ASSOCIATION The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Repinted under license from the American Land Title Association. ALTA CoMmitment (Adopted: 06.17.2006) Printed: 09.23.16 @ 06:26 AM Page 11 WA-FT-FTMA-01530.610051-SPS-1-16-611134435 RECORDING REQUIREMENTS Effective January 1, 1997, document format and content requirements have been imposed by Washington Law. Failure to comply with the following requirements may result in rejection of the document by the county recorder or imposition of a $50.00 surcharge. First page or rover sheet: 3" top margin containing nothing except the return address. 1" side and bottom margins containing no markings or seals. Title(s) of documents. Recording no. of any assigned, released or referenced document(s). Grantors names (and page no. where additional names can be found). Grantees names (and page no. where additional names can be found). Abbreviated legal description (Lot, Block, Plat Name or Section, Township, Range and Quarter, Quarter Section for unplatted). Said abbreviated legal description is not a substitute for a complete legal description which must also appear in the body of the document. Assessor's tax parcel number(s). Return address (in top 3" margin). **A cover sheet can be attached containing the above format and data if the first page does not contain all required data. Additional Pages: 1" top, side and bottom margins containing no markings or seals. All Paaes: No stapled or taped attachments. Each attachment must be a separate page. All notary and other pressure seals must be smudged for visibility. Font size of 8 points or larger. Recording Requirements Printed: 09.23.16 @ 06:26 AM by RA WA00000924.doc / Updated: 05.23.16 Page 12 WA-FT-FTMA-01 530.610052-611134435 FIDELITY NATIONAL FINANCIAL, INC. PRIVACY NOTICE Effective: April 1, 2016 Order No.: 611134435-PM At Fidelity National Financial, Inc. and its majority -owned subsidiary companies (collectively, "FNF', "our" or "we"), we value the privacy of our customers. This Privacy Notice explains how we collect, use, and protect your information and explains the choices you have regarding that information. A summary of our privacy practices is below. We also encourage you to read the complete Privacy Notice following the summary. Types of Inf=nation_Collected. You may provide us with How Information is Collected. We may collect personal ' certain personal information, like your contact information, information directly from you from applications, forms, or social security number (SSN), driver's license, other communications we receive from you, or from other government ID numbers, and/or financial information. We sources on your behalf, in connection with our provision of may also receive information from your Internet browser, products or services to you. We may also collect browsing computer and/or mobile device. information from your Internet browser, computer, mobile device or similar equipment. This browsing information is generic and reveals nothing personal about the user. Use of Your Information. We may use your information to Security Of Your Information. We utilize a combination provide products and services to you (or someone on your of security technologies, procedures and safeguards to behalf), to improve our products and services, and to help protect your information from unauthorized access, communicate with you about our products and services. use and/or disclosure. We communicate to our employees We do not give or sell your personal information to parties about the need to protect personal information. outside of FNF for their use to market their products or services to you. Choices With Your Information. Your decision to submit When We Share information. We may disclose your personal information is entirely up to you. You can opt -out information to third parties providing you products and of certain disclosures or use of your information or choose services on our behalf, law enforcement agencies or to not provide any personal information to us. governmental authorities, as required by law, and to parties with whom you authorize us to share your information. Information From Children. We do not knowingly collect Privacy Outside the Website. We are not responsible for information from children under the age of thirteen (13), the privacy practices of third parties, even if our website and our websites are not intended to attract children. links to those parties' websites. ❑o Not Track Disclosures. We do not recognize "do not Access and Correction. If you desire to see the information collected about you and/or correct any track" requests from Internet browsers and similar devices. inaccuracies, please contact us in the manner specified in this Privacy Notice. The California Online Privacy Protection Act. Certain International Use. By providing us with your information, FNF websites collect information on behalf of mortgage you consent to the transfer, processing and storage of loan servicers. The mortgage loan servicer is responsible such information outside your country of residence, as well for taking action or making changes to any consumer as the fact that we will handle such information consistent information submitted through those websites. with this Privacy Notice. Your Consent To This Privacy Notice. By submitting Contact FNF. If you have questions or wish to contact us information to us and using our websites, you are regarding this Privacy Notice, please use the contact accepting and agreeing to the terms of this Privacy Notice. information provided at the end of this Privacy Notice. Privacy Statement Printed: 09.23.16 @ 08:26 AM by RA WA00000924.doc / Updated: 05.23.16 Page 13 WA-FT-FTMA-01530.610052-611134435 FIDELITY NATIONAL FINANCIAL, INC. PRIVACY NOTICE FNF respects and is committed to protecting your privacy. We pledge to take reasonable steps to protect your Personal Information (as defined herein) and to ensure your information is used in compliance with this Privacy Notice. This Privacy Notice is only in effect for information collected and/or owned by or on behalf of FNF, including collection through any FNF website or online services offered by FNF (collectively, the "Website"), as well as any information collected offline (e.g., paper documents). The provision of this Privacy Notice to you does not create any express or implied relationship, nor create any express or implied duty or other obligation, between FNF and you. TVi3es of Information Collected We may collect two (2) types of information: Personal Information and Browsing Information. Personal Information. The types of personal information FNF collects may include, but are not limited to: • contact information (e.g., name, address, phone number, email address); social security number (SSN), driver's license, and other government ID numbers; and financial account or loan information. BrowsincLInformatign. The types of browsing information FNF collects may include, but are not limited to: • Internet Protocol (or IP) address or device ID/UDID, protocol and sequence information; • browser language; • browser type; • domain name system requests; • browsing history; • number of clicks; • hypertext transfer protocol headers; and • application client and server banners. How Information is Collected In the course of our business, we may collect Personal Information about you from the following sources: • applications or other forms we receive from you or your authorized representative, whether electronic or paper; • communications to us from you or others; • information about your transactions with, or services performed by, us, our affiliates or others; and • information from consumer or other reporting agencies and public records that we either obtain directly from those entities, or from our affiliates or others. We may collect Browsing Information from you as follows: • Browser Log Files. Our servers automatically log, collect and record certain Browsing Information about each visitor to the Website. The Browsing Information includes only generic information and reveals nothing personal about the user. • Cookies. From time to time, FNF may send a "cookie" to your computer when you visit the Website. A cookie is a small piece of data that is sent to your Internet browser from a web server and stored on your computer's hard drive. When you visit the Website again, the cookie allows the Website to recognize your computer, with the goal of providing an optimized user experience. Cookies may store user preferences and other information. You can choose not to accept cookies by changing the settings of your Internet browser. If you choose not to accept cookies, then some functions of the Website may not work as intended. Use of Collected Information Information collected by FNF is used for three (3) main purposes: • To provide products and services to you, or to one or more third party service providers who are performing services on your behalf or in connection with a transaction involving you; • To improve our products and services; and • To communicate with you and to inform you about FNF's products and services. When We Share Information We may share your Personal Information (excluding information we receive from consumer or other credit reporting agencies) and Browsing Information with certain individuals and companies, as permitted by law, without first obtaining your authorization. Such disclosures may include, without limitation, the following: • to agents, representatives, or others to provide you with services or products you have requested, and to enable us to detect or prevent criminal activity, fraud, or material misrepresentation or nondisclosure; • to third -party contractors or service providers who provide services or perform other functions on our behalf; • to law enforcement or other governmental authority in connection with an investigation, or civil or criminal subpoenas or court orders; andlor to other parties authorized to receive the information in connection with services provided to you or a transaction involving you. Privacy Statement Printed: 09.23.16 @ 06:27 AM by RA WA00000924.doc / Updated: 05.23.16 Page {{Page)) WA-FT-FTMA-01530.610052-611134435 We may disclose Personal Information and/or Browsing Information when required by law or in the good -faith belief that such disclosure is necessary to: • comply with a legal process or applicable laws; • enforce this Privacy Notice; • investigate or respond to claims that any information provided by you violates the rights of a third party; or • protect the rights, property or personal safety of FNF, its users or the public. We make efforts to ensure third party contractors and service providers who provide services or perform functions on our behalf protect your information. We limit use of your information to the purposes for which the information was provided. We do not give or sell your information to third parties for their awn direct marketing use. We reserve the right to transfer your Personal Information, Browsing Information, as well as any other information, in connection with the sale or other disposition of all or part of the FNF business and/or assets, or in the event of our bankruptcy, reorganization, insolvency, receivership or an assignment for the benefit of creditors. You expressly agree and consent to the use and/or transfer of this information in connection with any of the above described proceedings. We cannot and will not be responsible for any breach of security by any third party or for any actions of any third party that receives any of the information that is disclosed to us. Choices Wtth Your Information Whether you submit your information to FNF is entirely up to you. If you decide not to submit your information, FNF may not be able to provide certain products or services to you. You may choose to prevent FNF from using your information under certain circumstances ("opt out'j. You may opt out of receiving communications from us about our products and/or services. SeruEft And R t ntlon Of Information FNF is committed to protecting the information you share with us and utilizes a combination of security technologies, procedures and safeguards to help protect it from unauthorized access, use and/or disclosure. FNF trains its employees on privacy practices and on FNF's privacy and information security policies. FNF works hard to retain information related to you only as long as reasonably necessary for business and/or legal purposes. Information From Children The Website is meant for adults. The Website is not intended or designed to attract children under the age of thirteen (13). We do not collect Personal Information from any person that we know to be under the age of thirteen (13) without permission from a parent or guardian. Access and Correction To access your Personal Information in the possession of FNF and correct inaccuracies, please contact us by email at Privacy(afnf.com or by mail at: Fidelity National Financial, Inc. 601 Riverside Avenue Jacksonville, Florida 32204 Attn: Chief Privacy Officer Your Consent To This Privacy,N❑ By submitting Personal Information andlor Browsing Information to FNF, you consent to the collection and use of information by FNF in compliance with this Privacy Notice. We reserve the right to make changes to this Privacy Notice. If we change this Privacy Notice, we will post the revised version on the Website. Privacy Statement WA00000924.doc / Updated: 05.23.16 Privacy Outside the Website The Website may contain links to other websites, including links to websites of third party service providers. FNF is not and cannot be responsible for the privacy practices or the content of any of those other websites. International Lasers Because FNF's headquarters is located in the United States, we may transfer your Personal Information and/or Browsing Information to the United States. By using our website and providing us with your Personal Information andlor Browsing Information, you understand and consent to the transfer, processing and storage of such information outside your country of residence, as well as the fact that we will handle such information consistent with this Privacy Notice. Do Not Track Disclosures Currently, our policy is that we do not recognize "do not track" requests from Internet browsers and similar devices. The California Online Privy Protection For some websites which FNF or one of its companies owns, such as the Customer CareNet ("CCN"), FNF is acting as a third party service provider to a mortgage loan servicer. In those instances, we may collect certain information on behalf of that mortgage loan servicer, including: • first and last name; • property address; • user name and password; • loan number, • social security number - masked upon entry; • email address; • security questions and answers; and • IP address. The information you submit is then transferred to your mortgage loan servicer by way of CCN. The mortgage loan servicer is responsible for taking action or making changes to any consumer information submitted through this website. For example, if you believe that your payment or user information is incorrect, you must contact your mortgage loan servicer. CCN does not share consumer information with third parties, other than those with which the mortgage loan servicer has contracted to interface with the CCN application. All sections of this Privacy Notice apply to your interaction with CCN, except for the sections titled Choices with Your Information, and Access and Correction. If you have questions regarding the choices you have with regard to your personal Information or how to access or correct your personal information, contact your mortgage loan servicer. Contact FNF Please send questions and/or comments related to this Privacy Notice by email at privacv(cDfnf.com or by mail at: Page ({Page)) Fidelity National Financial, Inc. 601 Riverside Avenue Jacksonville, Florida 32204 Attn: Chief Privacy Officer Copyright © 2016. Fidelity National Financial, Inc. All Rights Reserved. EFFECTIVE AS OF APRIL 1, 2016 Printed: 09.23.16 @ 08:27 AM by RA W A-FT-FTMA-0153 b.610052-611134435 vaymirror.com Federal Way NOTICE OF MASTER LAND USE APPLICATION Project Name: Jonasson Residence Project Description: Roquesl for a variance 1hrough'Process IV' land use review to exceed 10 percent lot coverage in the Suburban Estate (SE) zoning district. Requested lot coverage totals 17.3 percent o1 the 0.93-acre parcel, Applicant Carl Jonesson, M-874.0197 Project Location: 4346 SW 3071h Street, Federal Way. Tax Parcel 19 0112103.9030 Dale of Appllcation:October 10.2016 Data Determined Complete: October 20. 2016 Date of Notice of Application: October 21. 2016 Comment Due Date: November 7, 20i6 Permlts tinder Review: Use Process TV (Fits 16• 104955.00-UP) Ex sling Environmental Documents: None Oevalopment Ragulatigns to Be Used for Prefect Miligallon: Federal Way Revised Code (FWRC) Tale 16 'Surface Water Management:' and Title 19 loping and Development Code.' Public Comment S Appeals: Any person may sub- mit written comments regarding the application to the Direclor of Community Development by 5:00 p.m. on November 7, 2016- Only persons who submit written comments to the dlrectar (address below) or specifically request a copy of the deol- sion, may appeal the decision. Details of appeal procedures for the requested land use decision will be included with the written decision. Availabl* of FIle and Environmental Oocuments: The offioW project file and referenced environmen- tal documents are available for public review dur- ing normal business hours at the Community De- velopment Department, 33325 8111 Avenue South, 20d Floor, Federal Way, WA 98003. Staff Comacl: Gave Van Do Weghe, Senior Planner, 253-835-2638, davfd.vandeweghefttyoffede ratway.Com Printed in the Federal Way Mirror October 21, 2016. FWM 2396 31919 11 Ave S, Suite 101 1 Federal, Way, WA 98003 253.925.5565 1253.925.5750 (f) 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 weekly newspaper. That said newspaper is published in the English language continually as a 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 21st day of October 2016, and ending on the 21st day of October 2016 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 8$ 2.19, which amount has been paid in full, or billed at the legal rate according to RCW 65.16.020. Subscribed to and sworn before me this 16th day of December 2016. Notary Public in and for the State of Washington, Residing at Buckley NOTARY PUBLIC ;c °F WA5\�, ��, n2n s0undclassifieds.com Notice is Hereby given that the City of Federal Way Hearing Examiner will hold a public hearing, on Monday, November 21. 2016 at 10:30 a.m., in Fed- eral Way City Hall Council Chambers (33325 Sth Avenue South, Federal Way, WA), Project: The applWM has applied for Process Iv - Hearing Examiner variance approval to exceed 10 percem lot coverage in the Suburban Estate (SE) toning district. The site plan of existing conditions shows Impervious surface area cOvedng 17.3 per- cent of the applicants tut. Location: 4346 SW 3071h Street, federal way. Tax Parcel ID 1112103.903D ApetraplicanCarl Joneenrl. 4346 SW 3D7th Street, Fral Way City Contact. pave Van De Weghe, Senior Planner, david.vandeweghe�dtyoyederatwaycam, 253-s35-2636 Application Received: October 10, 2016 Application Determined Complete: October 20, 2016 Notice of Application Issued: October21 2018 Requested Decision: Use Process IV (Flle 16-104955.00-UP). Required Studies: Not applicobte. Development Regulations to Used for project Mill. gallon: Federal Way Revised Code (FWRC) File 16 SnrtaDe Water Management; and Title 19 'Zoning and Development Code.' This variance application is exempt from State En- vhonmenlat Policy Act {{SEPA) review. Pursuant to FWRC 19,70, Process !V — Hearing Examiner, the Federal Way Hearing Examiner will hold a public hearing on the variance application and will issue a written decision an the application within 10 work- ing days after the Giese of the hearing Anyperson may participate 11 the public hearing by submift written comments to the Hearing &- Minor. either by delivering commams to the Com- munRy Development Department before the hear- them tappearrito hearing ergatbthe orr byng at the hearinin- g and presenllng oral public testimony. Any person may request a copy of the decision Once made. Written Comments may be mailed to the Commu- rtity Development oepartment, 33325 Sin Avenue South, Federal Way, WA 98003. Please relerence the file number (16.104955.00-UP) when present- Ing written testimony - This application Is to be reviewed under alf appff- cabio codes, regulations, and policies f the City of Federal Way. The official project file is availableofor Public review during normal business hours at the Community Development Department. A staff to - Per[ Examiner willbe available for rbefore Federal Way eview one week the Published in the Federal Way Mirror an November NOTICE OF PUBLIC HEARING 4.2016, Jonasson Residence variance, RWM 2400 F fe 18-104965-OuP i ' LIN MM 31919 11 Ave S, Suit;eIONIFedeflA ral, Way, W98003 1253.925.5565 1253.925.5750 (f) 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 weekly newspaper. That said newspaper is published in the English language continually as a 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 4th day of November 2016, and ending on the 4th day of November 2016 , 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 $116.80, which amount has been paid in full, or billed at the legal rate according to RCW 65.16.020. Subscribed to and sworn before me this 16th day of December 2016. Notary Public in and for the State of Washington, Residing at Buckley r, �j111k111///I NN.`A A NO Cie - �� •try. NOTARY • Z Ln PUBLIC _ �A: 02 �'1111"F WAS 0� �`' A�kCITY OF Federal Way December 16, 2016 Carl F. Jonasson 4346 SW 307th Street Federal Way, WA 98023-2127 RE- File #16-104955-00-UP; LOT COVERAGE VARIANCE Jonasson Residence; 4346 SW 307th St, Federal Way Dear Mr. Jonasson: F I I 1nr!rEHALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www.cityoffederalway.com Jim Ferrell, Mayor At Your request, I am writing; to affirm the Hearing Examiner forthe City of Federal Way approved your •variance application (file #16-104955-00-UP) on November 21, 2016, for property at 4346 SW 307th Street in Federal Way. The variance increases the maximum lot coverage allowed for a detached dwelling unit in the Suburban Estate (SE) zoning district. Federal Wiry Revised Code (FWRC) 19.195.010 limits lot coverage to 10 percent. The approved variance increases maximum lot coverage to 17.3 percent. Per FWRC 19.05.360, "Where notice of a decision of the director or the hearing examiner is required to be mailed, the decision is deemed issued three days after the date the decision is mailed." Because the decision was mailed on November 21, 2016, the decision date is three days after on November 24, 2016. Furthermore, per FWRC 19.70.260, "The final decision of the city in granting or denying an application or an appeal under this chapter may, be reviewed pursuant to Chapter 36.70C RCW in the King County superior court. The land use petition must be filed within 21 calendar days after the final land use decision of the city." The appeal period for the variance decision in question concluded yesterday, December 15, 2016_ in the event of an appeal, the Revised Code of'Washington (RCW) 36.70C.040 requires that a land use petition be served to every party named in the variance decision and the local jurisdiction which issued the decision. As of today, December 16, 2016, the City of Federal Way has not been served any land use petition to appeal your variance decision. If you have any additional questions regarding this variance application, please contact me at david.vandeweghe a&itvoffedera)way.com or 253-835-2638. Sincerely, Dave Van De Weghe Senior Planner Carl F. Jonasson.: arl.'pi�.rssonrr`i �t�mcasl.ntl 15-104955-00-UP Doc I D 7i 103 CITY OF � federal Way October 20, 2016 Carl F. Jonasson 4346 SW 307" St Federal Way, WA 98023-2127 RE: File #16-104955-00-UP; USE PROCESS IV —VARIANCE Jonasson Residence; 4346 SW 3071h St., Federal Way Dear Mr. Jonasson: FUJE 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www.cityoffederalway.com Jim Ferrell, Mayor The Community Development Department is in receipt of your October 10, 2016, Process IV Master Land Use (MLU) application requesting an administrative variance to exceed 10 percent lot coverage in the Suburban Estate (SE) zoning district. Requested lot coverage totals 17.3 percent of the 0.93- acre parcel. Pursuant to Federal Way Revised Code (FWRC) 19.15.045, within 28 days of receiving an MLU application, the city shall determine whether all information and documentation required for a complete application has been submitted. NOTICE OF COMPLETE APPLICATION Please consider this correspondence a formal Letter of Complete Application. The Process IV MLU application is deemed complete as of October 20, 2016. This determination of completeness is based on a review of your submittal relative to applicable requirements referenced within FWRC 19.15.040, "Development application submittal requirements." This notice of complete application does not represent any form of preliminary approval of the proposed site plan. A 120-day time line for reviewing the Process IV application has started as of this date. The city's development regulations allow the department 120 days from the date that an application is deemed complete to take action on the application. However, the 120-day time line will be stopped any time the city requests corrections and/or additional information. You will be informed of the status of the 120-day time line when you are notified in writing that corrections and/or additional information are needed. PUBLIC NOTICE The Notice of Application will be distributed within 14 days of this letter as follows: (1) at least one notice will be posted at the subject property; (2) one copy will be posted at each of the official notification boards; (3) one copy will be published in the Federal Way Mirror; and-(4) a copy will be mailed to property owners within 300 feet of the subject property. Mr. Jonasson Oetober 26. 2016 Page 2 CLOSING Formal processing and review of your application will now begin. Technical review comments will follow at a later date. If you have any questions regarding this letter or your development project, please contact me at 253-835-2638, or datiyid.vanderveghe(cncityQ _e_derahvay.com. Sincerely, Dave Van De Weghe Senior Planner enc: Notice of Application 16-104955-00-UP Doc I D 74875 41k OF Fed10'::tSp eral Way DEPARTMENT OF COMMUNITY DEVELOPMENT 33325 8th Avenue South Federal Way WA 98003 253-835-7000; Fax 253-835-2609 www.ci tyoffederalway,corn DECLARATION OF DISTRIBUTION i, Je-5 SC lftlen&L hereby declare, under penalty of perjury of the laws of the State of Washington, that a: 01 Lid' 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 a osted to or at each of the attached addresses on 6Ck1 t a21" 2016. Project Name Rio rl ('5S 0 h e Silde hC e File Number(s) ,a L Signature Date K:\CD Administration Files\Declaration of Distribution.doc/Last printed 12/18/2015 1:48:00 PM Posted Sites: Federal Way City Hall: 33325 8th Ave South Federal Way Library: 34200 1 It Way South Federal Way 320th Library: 848 S. 320th St K:\CD Administration Files\Declaration of Distribution.doc/Last printed 12/18/2015 1:48:00 PM 0 CITY OF deral Way NOTICE OF MASTER LAND USE APPLICATION Project Name: Jonasson Residence FILE Project Description: Request for a variance through `Process IV' land use review to exceed 10 percent lot coverage in the Suburban Estate (SE) zoning distric 0.93-acre parcel. Applicant: Carl Jonasson, 253-874-0197 Project Location: 4346 SW 307`" Street, Federal Way. Tax Parcel I #112103-9030 Date of Application: October 10, 2016 Date Determined Complete: October 20, 2016 Date of Notice of Application: October 21, 2016 Comment Due Date: November 7, 2016 Permits Under Review: Use Process IV (File 16- 104955-00-UP) Existing Environmental Documents: None t. Requested lot coverage totals 17.3 percent or the SUBJECT I_,I PROPERTY Li .n>m 4:.5 n ��on ,nn�in Development Regulations to Be Used for Project Mitigation: Federal Way Revised Code (FWRC) Title 16 `Surface Water Management;' and Title 19 `Zoning and Development Code.' Public Comment & Appeals: Any person may submit written comments regarding the application to the Director of Community Development by 5:00 p.m. on November 7, 2016. Only persons who submit written comments to the director (address below) or specifically request a copy of the decision, may appeal the decision. Details of appeal procedures for the requested land use decision will be included with the written decision. Availability of File and Environmental Documents: The official project file and referenced environmental documents are available for public review during normal business hours at the Community Development Department, 33325 8"' Avenue South, 2"d Floor, Federal Way, WA 98003. Staff Contact: Dave Van De Weghe, Senior Planner, 253-835-2638, david.validewe lie ci offederalwa .coin Printed in the Federal Way Mirror October 21, 2016. Doc I D 74876 CITY OF Federal Way DEPARTMENT OF COMMUNITY DEVELOPMENT 33325 8th Avenue South Federal Way WA 98003 253-835-7000; Fax 253-835-2609 www.cilypffederalway.com DECLARATION OF DISTRIBUTION I, J )—, �� 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 Significarce (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 Peirnit ❑ Adoption of Existing Environmental Document wags, -E] mailed 0 faxed Xe-mailed and/or ❑ posted to or at each of the attached addresses on V�� a : 2016 Project Name File Number(s) , /by 9s Signature.. Date /d - a 0 - / K:\CD Administration Files\Declaration of Distribution.doc/Last printed 1 /8/201 S 10:07:00 AM z Tamara Fix From: Jennifer Anderson <Anderson@fedwaymirror.com> Sent: Thursday, October 20, 2016 9:24 AM To: Tamara Fix Subject: Re: Legal Notice - Jonasson Looks fine, no problem! Jennifer Anderson Advertising Sales Consultant Direct: 253-946-2890 Internal: 35602 Fax: 253-925-5750 31919 1 st Ave S, Ste 101, Federal Way, WA 98003 Sound Publishing Map Print ltes Online Ratc& Media kit Sound Info On Thu, Oct 20, 2016 at 8:24 AM, Tamara Fix <Tamara.Fixgcityoffederalway.com> wrote: We have a new program for documents, so please let me know if this works or if I have to cut and paste. Also, as usual, do not include the map. Please publish the attached legal notice (Jonasson NOA, 16-104955) in Friday's (Oct. 21, 2016) issue. Please confirm and issue an affidavit of publication. 1 CITY OF C �A�= y' Federal Way DEPARTMENT OF COMMUNITY DEVELOPMENT 33325 8t" Avenue South Federal Way WA 98003 253-835-7000; Fax 253-835-2609 www.ciiyoffederaiway.com DECLARATION OF DISTRIBUTION I, C�ItfM hereby declare, under penalty of perjury of the laws of the State of ington, that a: -wotice 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 ❑ La d Use Decision Letter 0 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 ['posted to or at each of the attached addresses on r Project Name %J 0 J14 JTS W(?-rI( f File Number(s) 16 D 00 " t/ Signature Date ! o K:\CD Administration Files\Declaration of Distdbution.doc/Last printed 11 /3/2016 4:32:00 PM Posted Sites: Federal Way City Hall: 33325 8th Ave South Federal Way Library: 34200 1It Way South Federal Way 320th Library: 848 S. 320th St K:\CD Administration Files\Declaration of Distribution.doc/Last printed 11 /3/2016 4:32:00 PM F ESE CITY 6i Federal Way NOTICE OF PUBLIC HEARING Jonasson Residence Variance, File 16-104955-00-UP Notice is hereby given that the City of Federal Way Hearing Examiner will hold a public hearing, on Monday, November 21, 2016 at 10:30 a.m., in Federal Way City Hall Council Chambers (33325 81h Avenue South, Federal Way, WA). Project: The applicant has applied for Process IV - Hearing Examiner variance approval to exceed 10 percent lot coverage in the Suburban Estate (SE) zoning district. The site plan of existing conditions shows impervious surface area covering 17.3 percent of the applicant's lot. Location: 4346 SW 307"' Street, Federal Way. Tax Parcel ID #112103-9030 Applicant: Carl Jonasson, 4346 SW 307"' Street, Federal Way City Contact: Dave Van De Weghe, Senior Planner, david.vandewe he@61yoffederLIway.com, 253-835-2638 Application Received.• October 10, 2016 Application Determined Complete: October 20, 2016 Notice of Application Issued: October 21, 2016 Requested Decision: Use Process IV (File 16-104955-00-UP) Required Studies: Not applicable. Development Regulations to Used for Project Mitigation: Federal Way Revised Code (FWRC) Title 16 `Surface Water Management;' and Title 19 `Zoning and Development Code.' This variance application is exempt from State Environmental Policy Act (SEPA) review. Pursuant to FWRC 19.70, Process IV— Hearing Examiner, the Federal Way Hearing Examiner will hold a public hearing on the variance application and will issue a written decision on the application within 10 working days after the close of the hearing. Any person may participate in the public hearing by submitting written comments to the Hearing Examiner, either by delivering comments to the Community Development Department before the hearing, by giving them directly to the Hearing Examiner at the hearing, or by appearing at the hearing and presenting oral public testimony. Any person may request a copy of the decision once made. Written comments may be mailed to the Community Development Department, 33325 8"' Avenue South, Federal Way, WA 98003. Please reference the file number (16-104955-00-UP) when presenting written testimony. This application is to be reviewed under all applicable codes, regulations, and policies of the City of Federal Way. The official project file is available for public review during normal business hours at the Community Development Department. A staff report to the Hearing Examiner will be available for review one week before the hearing. Published in the Federal Way Mirror on November 4,2016. SUBJECT PROPERTY P,, ;,adn 4 0 ,700 t . �-) 4,4700 c- • &4a'fi 1.062 720 04325 63�0726- . 04 10/ It. 90., 3b,)00 L I boy park 16-104955-00-UP Doc:74939 CIT Federal Way DEPARTMENT OF COMMUNITY DEVELOPMENT 33325 8th Avenue South Federal Way WA 98003 253-835-7000; Fax 253-835-2609 www.cityoffederalway.com DECLARATION OF DISTRIBUTION 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 Significarce (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 Interpretatbn ❑ 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 'K mailed ❑ faxed ❑ e-mailed and/or ❑ posted to or at each of the attached addresses on C-) Qn 2016 Project Name File Number(s) 1 - Lb Y 9 S Signature W. Date �b - � —) K:\CD Administration Files\Declaration of Distdbution.doc/Lost printed 1 /8/2015 10:07:00 AM I CITY OF Federal Allay NOTICE OF MASTER LAND USE APPLICATION Project Name: Jonasson Residence Project Description: Request for a variance through `Process IV' land use review to exceed 10 percent lot coverage in the Suburban Estate (SE) zoning district. Requested lot coverage totals 17.3 percent of the 0.93-acre parcel. Applicant: Carl Jonasson, 253-874-0197 Project Location: 4346 SW 307`" Street, Federal Way. Tax Parcel ID # 112103-903 0 Date of Application: October 10, 2016 Date Determined Complete: October 20, 2016 Date of Notice of Application: October 21, 2016 Comment Due Date: November 7, 2016 Permits Under Review: Use Process IV (File 16- 104955-00-UP) Existing Environmental Documents: None SUBJECT PROPERTY f 1 'S .01 ..,:" I ,fM*.4.125 INV I �io�xo i� �JJ2s Development Regulations to Be Used for Project Mitigation: Federal Way Revised Code (FWRC) Title 16 `Surface Water Management;' and Title 19 `Zoning and Development Code.' Public Comment & Appeals: Any person may submit written comments regarding the application to the Director of Community Development by 5:00 p.m. on November 7, 2016. Only persons who submit written comments to the director (address below) or specifically request a copy of the decision, may appeal the decision. Details of appeal procedures for the requested land use decision will be included with the written decision. Availability of File and Environmental Documents: The official project file and referenced environmental documents are available for public review during normal business hours at the Community Development Department, 33325 8"' Avenue South, 2nd Floor, Federal Way, WA 98003. Staff Contact: Dave Van De Weghe, Senior Planner, 253-835-2638, david.yandeweglle@cityoffederalway.com Printed in the Federal Way Mirror October 21, 2016. Doc 1 D 74876 September 29, 2016 Jonasson residence - request for Administrative Variance List of addresees within 300 feet of subject property Kirk and Denise Reagan Archbishop Brunett Retreat Center Irfan and Shaista Ansari 4342 SW 307th St 4700 SW Dash Point Road 4338 SW 307th St Federal Way, WA 98023 Federal Way, WA 98023 Federal Way, WA 98023 Parcel # 1121039071 Parcel # 1121039010 Parcel # 1121039031 John and Jessica Kercher Borelli Real Estate Investment LLC Joseph and Leila Faber 4346 SW 307th St 4326 SW 307th St 4325 SW 307th St Federal Way, WA 98023 Federal Way, WA 98023 Federal Way, WA 98023 Parcel # 1121039081 Parcel # 1121039059 Parcel # 1121039015 Gary and Elizabeth Ide Robert Spaulding & Estelle Yamaki Donald Gessner 4420 SW 308th St 4316 SW 307th St 4410 SW 308th St Federal Way, WA 98023 Federal Way, WA 98023 Federal Way, WA 98023 Parcel # 1121039104 Parcel # 1121039093 Parcel # 1121039080 « 0 � W >1 � _ � $ § W e V u QAV PJEt, ~\ M V) 3 . � � Z-< LA � � � CU L ! A)) , . 4!\L q - /!ZE \{{§\ \ \�kE §;f7# ��kkk ,s2,9 #��k! . ! �k§!t ®)§2! o/ E, _!!|� ,k.■, i|\227 Ell »�2� &\=�■e !)!!§| _§ o Ef s■a ^ )-!°f7 § )9 [2 ) rtty., CITY OF FEDERAL WAY COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE TRANSMITTAL DATE: 10/17/16 TO: Cole Elliott, Development Services Manager Peter Lawrence, Plans Examiner Brian Asbury, Lakehaven Utility District Vince Faranda, South King Fire & Rescue Rick Perez, City Traffic Engineer FROM: _ rx FOR DRC MTG. ON: 11/4/16 -,Internal FILE NUMBER(s): 16-104955-00-UP RELATED FILE NOS.: None PROJECT NAME: JONASSON PROJECT ADDRESS: 4346 SW 307TH ST ZONING DISTRICT: SE PROJECT DESCRIPTION: Request for variance to exceed maximum impervious area. Limit is 10%. Request is 17%. LAND USE PERMITS: Process IV Variance PROJECT CONTACT: CARL F JONASSON, 4346 SW 307TH ST MATERIALS SUBMITTED: SITE PLANS REQUEST LETTER -n g�CD D �2%00- o� CLk� •5a cn� CL C q 3 R § k CD w < p 0 0 2. f t ' %eCD �q CD L" NJ CD J C j NCD _0 2 2 0 k <> < ƒ 0rD ~ CD CD k m C c r 0 ¢ 2 CC) CD Q. 7 J m w \ R ƒ � C ¢ j 7 § �CL w ƒ k o R o < � CD S 3 CD CDR_ 2 CD k CD (D m CD a ® m 7 w 2 CD = 2 0 0 C cn ] k k c =r � ° CITY OF �. Federal Way Carl F. Jonasson 4346 SW 307"' Street Federal Way, WA 98023-2127 RE: File #16-104830-00-UP; LOT COVERAGE NONCONFORMITY Jonasson Residence, 4346 SW 3071h St, Federal Way Dear Mr. Jonasson: FlIm 5-HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www.cityoffederalway.com Jim Ferrell, Mayor October 7, 2016 The city received your application (file #16-104830-00-UP) on September 30, 2016 requesting a variance from the maximum lot coverage standard for a detached dwelling in the Suburban Estate (SE) zoning district, located at 4346 SW 307"' St. in Federal Way. Per your application, the impervious surface area on Your 40,712 square -foot lot totals 7,044 square feet, or 17.3 percent of the total lot size. Federal GVay Revised Code (FWRC) 19.195.010 limits lot coverage to 10 percent in the SE zoning district. Because the lot coverage standard is exceeded, the subject property is considered a 'nonconforming development.' Per FWRC 19.30.060, immediate compliance with the code is not required. The lot coverage must be reduced to 10 percent or less in the following instances, as required by FWRC 19.30.090: (a) An applicant proposes to add to the subject property either 2,500 square feet of new gross floor area or more, or 25 percent of the gross floor area or more of the building(s) on the subject property, whichever is less, within any consecutive 36-month time period commencing at the time of building permit issuance; or (b) The property is abandoned. The city has received no complaints regarding your nonconforming development and no Violation Orders are outstanding on the subject property. Your voluntary disclosure of the nonconforming development to the city does not necessitate code enforcement action at this time, as you have submitted a variance application. If you have any additional questions regarding this nonconforming property, please contact Senior Planner Dave Van De Weghe at david.vandetive he mcitvoffederalwa .com or 253-835-2638. Sincerely, Stacey Welsh Acting Planning Manager enc. FWRC 19.05.140, 19.1 10.020, 19.195.010. 19.30.060 and 19.30.090 c Carl Jonasson, carl.ionassun,c conicast.nrt Dave Van De Weghe. Senior Planner Doc I D 74S?a 4CITY OF i�, Federal Way Mr. Carl F. Jonasson 4346 SW 307,h Street Federal Way, WA 98023-2127 FILE carl.jonasson@coincast.net Re: File #16-104830-00-UP; LOT COVERAGE NONCONFORMITY Jonasson Residence, 4346 SW 307,h Street Dear Mr. Jonasson: CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www. cityoffederalway.. com Jim Ferrell, Mayor October 10, 2016 The city received your application on September 30, 2016, requesting a variance from the maximum lot coverage standard for a detached dwelling in the Suburban Estate (SE) zoning district, located at 4346 SW 3071h Street in Federal Way. Per your application, the impervious surface area on your 40,712 square -Foot lot totals 7,044 square feet, or 17.3 percent of the total lot size. Federal Way ,Revised Code. (FWRC) 19.195.010 limits lot coverage to 10 percent in the SE zoning district. Because the lot coverage standard is exceeded, the subject property is considered a "nonconforming development," until either your variance application is approved or your lot coverage is reduced. Per FWRC 19.30.060, immediate compliance with the code is not required. The lot coverage must be reduced to 10 percent or less in the following instances, as required by FWRC 19.30.090: "(a) An applicant proposes to add to the subject property either 2,500 square feet of new gross floor area or more, or 25 percent of the gross floor area or more of the building(s) on the subject property, whichever is less, within any consecutive 36-month time period commencing at the time of building permit issuance; or "(b) The property is abandoned." The city has received no complaints regarding your nonconforming development and no violation orders are outstanding on the subject property. Your voluntary disclosure of the nonconforming development to the city does not necessitate code enforcement action at this time, as you have submitted a variance application. Furthermore, a change in ownership of the subject property between the time of variance application and the time of decision shall have no bearing on the validity of the variance decision. Please provide the new owner and the city with a letter granting them permission to continue with the variance application. If you have any additional questions regarding this nonconforming property, please contact Senior Planner Dave Van De Weghe at david.vandeweghe@cityoffederalu,ay.com, or 253-835-2638. Sincerely, Stacey Welsh Acting Planning Manager Unc: FNVlZC 19.05.140, 19.110.020, 19.195.010, 19.30.060, and 19.30.090 c: Dave Van De Weghe, Senior Planner Doc %D- 74828 rik a 16-104830-00-L21' AIV JONASSON CONSULTANTS LLC October 3, 2016 City of Federal Way S E P 3 0 2016 Community Development Department OILY OF FEDERAL WAY 33325 8th Avenue South CDS Federal Way, WA 98003 Re: Application for Administrative Variance Exceedence of 10% of Impervious Surface Area Dear Development Department, The Jonasson family, residing at 4346 SW 307th St is making application for an Administrative Variance due to the exceedence of 10% of the maximum allowable 10% impervious surface area on the subject property. Justification for the application, in accordance with FWRC 19.45.030, follows. In 2004, permit was received to remodel the residence, with a net addition of 89 square feet of impervious surface area. At that time, the impervious surface area was just under 10%. Presently, nine of the tax lots adjoining and to the east of 4346 are zoned SE, Surburban Estates, the development criteria for which require 5 acre lots with a maximum allowable 10% impervious surface area. None of the nine lots are on 5 acres, as most are between 1 and 2 acres. Our lot has but 0.93 acres, with a graveled driveway and a small parking area near the front door in solid pavers. In 2010, we improved our landscaping and concrete paved the driveway and the smallya&ing area, which resulted in the exceedence of 10% of impervious surface area. When the residence at 4342 was being built some 6 years ago, the City of Federal Way inspector stated that a rezoning of the area would be undertaken very soon. We assumed that would be the case and that the 10% regulation would be dropped. In addressing 19.45.030, please consider the following: (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 high bank waterfront houses immediately to the east of the subject property were granted variances to allow the 10% exceedence. (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." At 0.93 acres, 4346 SW 307th St is the smallest of the 9 lots of high bank waterfront in the area. About Y2 of the lot is unbuildable, due to the steep slope down to Puget Sound, and a portion of which is below the mean higher high water line. Forcing the 10% regulation on such a small lot would make it very difficult to maintain the lot with similar qualities of appearance and esthetics established by the properties nearby. 4346 Southwest 307t' Street Federal Way, WA 98023 Tel: (206) 963-1718 AZJONASSON CONSULTANTS LLC (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." The granting of the variance would bring our property in line with and be complementary to the other improvements in the vicinity. (4) "That the special circumstances of the subject property are not the result of the actions of the owner of the subject property." We relied on the statement by the City inspector several years ago, but made assumptions that were incorrect; that the properties were not rezoned and that paving over a graveled area, which is considered partially impervious, would be measured differently for its impervious characteristics. The additional paving was accomplished without a permit, as it should have been. However, special circumstances are evident on the subject property, which deserve consideration. The 9 lots referred to previously should have been rezoned some time ago, as none of the lots are on a minimum of 5 acres, as Suburban Estates zoning requires. Waterfront lots on the east side of Dumas Bay are zoned RS 15, which allow for 50% impervious areas. Those lots are also small in size and appear to be zoned correctly. The nine lots including, and just east of 4346 should have been zoned similarly. Forcing our. lot to revert to 10% impervious coverage would be detrimental to the site, which would adversely affect properties nearby in terms of our diminished property value and its effect on nearby properties. In addition, our tax base would reduce, resulting in slightly lower tax revenue to the City. If the concrete paving were demolished and the driveway and parking area left in gravel and pavers, a significant decrease in property value would be the resultant, adversely affecting properties nearby. If the driveway and parking area were paved with pervious concrete, some degradation would occur on the driveway over time because vehicular traffic climbing and turning on it would wear it down due to its strength characteristics being less than with standard concrete paving. As concrete deteriorates, some free particles of cement are released, and rain water will undergo a chemical reaction with it. The ph of the water will change and when it reaches water courses, it will be detrimental to aquatic life. This is the reason Federal Way prohibits broken concrete exposure on site, per 16.50.020 (26). If grass pavers were used, the breakdown and the affect on aquatic life would be even greater. The installation of a drainage infiltration gallery would be very difficult since all utilities are located along the east fence line, the lowest area on the lot, and the best location for the gallery if it were required. Those utilities would have to be relocated and a different easement for such would have to be issued. The septic drain field takes up most of the remaining room. The installation of a subterranean detention facility under the driveway, in a location near the low point on site is as difficult as a drainage and infiltration gallery, due to interferences with utilities. If the facility were installed in the driveway, near the gate, utilities serving the gate, and those running underground from the utility pole to the fence 4346 Southwest 307th Street Federal Way, WA 98023 Tel: (206) 963-1718 .1ONASSON CONSULTANTS LLC on the east side, would also have to be relocated. Similarly, there is no room for a biofiltration Swale large enough to handle a sufficient volume of runoff, as the swale would have to be located along the east fence. Although the paving that caused the impervious surface requirement to be exceeded was performed without a permit, for the best interests of the City, nearby property owners, and us, the most beneficial action to all would be to issue an Administrative Variance as requested. Thank you for your attention. Sincerely, Carl and Denise Jonasson 4346 SW 307' St Federal Way, WA 98023 Home 253-874-0197 Carl 206-963-1718 Denise 206-719-2390 4346 Southwest 307t" Street Federal Way, WA 98023 Tel: (206) 963-1718 CITY OF Federal Way DEPARTMENT OF COMMUNITY DEVELOPMENT 33325 8th Avenue South Federal Way WA 98003 253-835-7000; Fax 253-835-2609 www.cityQffederalway.com DECLARATION OF DISTRIBUTION 1 7hereby 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 Significarce (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 91 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 Peirnit ❑ Adoption of Existing Environmental Document was 0 mailed 0 faxed X e-mailed and/or ❑ posted to or at each of the attached addresses on 2016. Project Name v D File Number(s) Signature 16-/0 Y 9$�!;- Date V - 3 -led _ K:\CD Administration Files\Declaration of DisMbution.doc/Last printed 1 /8/2015 10:07:00 AM Tamara Fix From: Jennifer Anderson <jnderson@fedwaymirror.com> Sent: Thursday, November 03, 2016 8:32 AM To: Tamara Fix Subject: Re: Legal Notice No problem! Thanks! Jennifer Anderson Advertising Sales Consultant Direct: 253-946-2890 internal: 35602 Fax: 253-925-5750 31919 1st Ave S, Ste 101, Federal Way, WA 98003 J Sound Publishing Map Print Rates Online Ra[cs Media Kit Sound Inro On Thu, Nov 3, 2016 at 8:31 AM, Tamara Fix <Tamara.Fix(a�cityaffederalway.cozn> wrote: Nope. Never needs to be included, but the new way I send it, I can't just delete it from the attachment. From: Jennifer Anderson [mailto:-anderson fedwa mirror.com] Sent: Thursday, November 03, 2016 8:30 AM To: Tamara Fix Subject: Re: Legal Notice Does the map need to be included? Jennifer Anderson Advertising Sales Consultant Direct: 253-946-2890 Internal: 35602 Fax: 253-925-5750 31919 1st Ave S, Ste 101, Federal Way, WA 98003 1 Sound Publishing Man Print Rates online Rates Media )tit Sound Lti'o On Thu, Nov 3, 2016 at 8:16 AM, Tamara Fix <Tamara.FixCir7cit offederalwa .comma wrote: Please publish the attached legal notice (Jonasson Hearing, 16-104955) in Friday's (Nov. 4, 2016) issue. Please confirm and issue an affidavit of publication. Thanks! CIT Federal Way DEPARTMENT OF COMMUNITY DEVELOPMENT 33325 8th Avenue South Federal Way WA 98003 253-835-7000; Fax 253-835-2609 www. c i f yo f f e dera Iway. co rn DECLARATION OF DISTRIBUTION 1, 'Xm 2S� 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 A 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 Pemnit ❑ Adoption of Existing Environmental Document was X mailed ❑ faxed ❑ e-mailed and/or ❑ posted to or at each of the attached addresses on \4Q3 3 2016. Project NameT> r. e� File Number(s) Signature b Date 11-3- J K:\CD Administration Files\Declaration of Distribution.doc/Last printed 1 /8/2015 10:07:00 AM CITY of Federal Way NOTICE OF PUBLIC HEARING Jonasson Residence Variance, File 16-104955-00-UP Notice is hereby given that the City of Federal Way Hearing Examiner will hold a public hearing, on Monday, November 21, 2016 at 10:30 a.rn., in Federal Way City Hall Council Chambers (33 32 5 8th Avenue South, Federal Way, WA). Project: The applicant has applied for Process IV - Hearing Examiner variance approval to exceed 10 percent lot coverage in the Suburban Estate (SE) zoning district. The site plan of existing conditions shows impervious surface area covering 17.3 percent of the applicant's lot. Location: 4346 SW 307th Street, Federal Way. Tax Parcel ID #112103-9030 Applicant: Carl Jonasson, 4346 SW 307`h Street, Federal Way City Contact: Dave Van De Weghe, Senior Planner, david.vandeNveahe r .citvoffederalwa .com, 253-835-2638 Application Received.• October 10, 2016 Application Determined Complete: October 20, 2016 Notice of Application Issued: October 21, 2016 Requested Decision: Use Process IV (File 16-104955-00-UP). Required Studies: Not applicable. Development Regulations to Used for Project Mitigation: Federal Way Revised Code (FWRC) Title 16 `Surface Water Management;' and Title 19 `Zoning and Development Code.' This variance application is exempt from State Environmental Policy Act (SEPA) review. Pursuant to FWRC 19.70, Process IV— Hearing Examiner, the Federal Way Hearing Examiner will hold a public hearing on the variance application and will issue a written decision on the application within 10 working days after the close of the hearing. Any person may participate in the public hearing by submitting written comments to the Hearing Examiner, either by delivering comments to the Community Development Department before the hearing, by giving them directly to the Hearing Examiner at the hearing, or by appearing at the hearing and presenting oral public testimony. Any person may request a copy of the decision once made. Written comments may be mailed to the Community Development Department, 33325 8`' Avenue South, Federal Way, WA 98003. Please reference the file number (16-104955-00-UP) when presenting written testimony. This application is to be reviewed under all applicable codes, regulations, and policies of the City of Federal Way. The official project file is available for public review during normal business hours at the Community Development Department. A staff report to the Hearing Examiner will be available for review one week before the hearing. Published in the Federal Way Mirror on November 4, 2016. SUBJECT PROPERTY �ycR4hry 64700 w as3 3�= Nd3ltfi i3 25 c �r. w� -76 ' 3+ 63062 30720 ' «,13�3 Sa�tRv�w[ x^hn s�ri.:,i;a•� s �► 325 _ 9Csfi7 i 1 SU�U •. 1 � f {425^ - _ v r _ CJ:rr,•itrs r �_ 6 0,Y Pcr. k r ` 309 fly, o r j Uv_ a 16-104955-00-UP Doc.74939 September 29, 2016 Jonasson residence - request for Administrative Variance List of addresees within 300 feet of subject property Kirk and Denise Reagan Archbishop Brunett Retreat Center Irfan and Shaista Ansari 4342 SW 307th St 4700 SW Dash Point Road 4338 SW 307th St Federal Way, WA 98023 Federal Way, WA 98023 Federal Way, WA 98023 Parcel # 1121039071 Parcel # 1121039010 Parcel # 1121039031 John and Jessica Kercher Borelli Real Estate Investment LLC Joseph and Leila Faber 4346 SW 307th St 4326 SW 307th St 4325 SW 307th St Federal Way, WA 98023 Federal Way, WA 98023 Federal Way, WA 98023 Parcel # 1121039081 Parcel # 1121039059 Parcel # 1121039015 I Gary and Elizabeth Ide Robert Spaulding & Estelle Yamaki Donald Gessner 4420 SW 308th St 4316 SW 307th St 4410 SW 308th St Federal Way, WA 98023 Federal Way, WA 98023 Federal Way, WA 98023 Parcel # 1121039104 Parcel # 1121039093 Parcel # 1121039080 tv f f ffitjaAV PlEtse I 1 �i � II� CL o m N 0 @ 4E �M'�a0p N -� Ci _ Emn� awa>' �r RE c % a� F & � A O tG d: fQ .92 B -4F _ W G • p j — � m N 19�kCIT Federal Way November 29, 2016 Carl F. Jonasson 4346 SW 307th Street Federal Way, WA 98023-2127 RE: File #16-104955-00-UP; LOT COVERAGE VARiIANCE Jonasson Residence; 4346 SW 307th St, Federal Way Dear Mr. Jonasson: .FILE CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www.cityoffederalway.com Jim Ferrell, Mayor At your request, I am writing to affirm the Hearing- Examiner for the City of Federal Way approved your variance application (file #16-104955-00-UP) on November 21, 2016, for property at 4346 SW 307t" St. in Federal Way. The variance increases the maximum lot coverage allowed for a detached dwelling unit in the Suburban Estate (SE) zoning district. Federal YVay Revised Code (FWRC) 19.195.010 limits lot coverage to 10 percent. The approved variance increases maximum lot coverage to 17.3 percent. Per FWRC 19.05.360, "Where notice of a decision of the director or the hearing examiner is required to be mailed, the decision is deemed issued three days after the date the decision is mailed." Because the decision was mailed on November 21, 2016, the decision date is three days after on November 24, 2016. Furthermore, per FWRC 19.70.260, "The final decision of the city in granting or denying an application or an appeal under this chapter may be reviewed pursuant to Chapter 36.70C RCW in the King County superior court. The land use petition must be filed within 21 calendar days after the final land use decision of the city." The appeal period for the variance in question concludes December 15, 2016. If you have any additional questions regarding this variance application, please contact me at david.vandewegh.e.clvcityoffederalway .com or 253-835-2638. Sincerely, Dave Van De Weghe Senior Planner Carl F. Jonasson. �arI,ianasSnn r;cntrtc�st.l�el I6-104955-00-UP Doc 1 D M24 .-'4 F L"L -Asr CITY OF Federal Way CITY OF FEDERAL WAY DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT TO THE FEDERAL WAY HEARING EXAMINER JONASSON RESIDENCE VARIANCE File No. 16-104955-00-UP PUBLIC HEARING - November 21, 2016 10:30 a.m. City Council Chambers Federal Way City Hall — 33325 8th Avenue South Report Prepared by: Dave Van De Weghe, AICP, Senior Planner 253-835-2638 / david.vandeweahe(a—�citvoffederalway.com Report Date: November 14, 2016 TABLE OF CONTENTS SECTION PAGE I. Description of Proposal ................................... ............................................................... I II. Federal Way Revised Code (FWRC) Basis for Approval ...... ................ .......... ............. I III. General Information......................................................................................................I IV. Findings Of Fact............................................................................................................ l V. Neighborhood Characteristics.........................................................................................4 VI. Natural Environment......................................................................................................4 VII. Environmental Threshold Determination ................. -................................................... 5 VIII. Consulted Departments and Agencies...........................................................................5 IX. Process IV `Hearing Examiner's Decision' Procedural Information ............................5 X. Conclusions....................................................................................................................5 XI. Recommendation ..........................................................................................................8 ATTACHMENTS A. Master Land Use Application A-L _Vicinity Map B. Site Plan & Impervious Areas by Eastside Consultants, Inc., 9/2016; Existing Site Survey by Eastside Consultants, Inc., 9/2016; Preliminary Drainage, Grading and Right -of -Way Plan by Eastside Consultants, Inc., 9/2016 C. Procedural Documents and Affidavits D. Zoning Map E. Aerial Photo F. Hearing Examiner's Decision, File 05-103397-00-UP G. Hearing Examiner's Decision, File 10-104032-00-UP (Note: Technical reports and intormation listed above may not be enclosed with all copies of this report. Copies of Attachments and other information contained in the project file may be reviewed and/or obtained by contacting the Department of Community Development. 33325 8`h Avenue South, Federal Way, WA 98063-9718, or 253-835-7000.) I. DESCRIPTION OF PROPOSAL The applicant requests a variance to the 10 percent lot coverage maximum regulation for detached dwelling units within the Suburban Estate (SE) zoning district pursuant to Federal Way Revised Code (FWRC) 19.195.010. II. FEDERAL WAYREVISED CODE (FWRC) BASIS FOR APPROVAL 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.' III. GENERAL INFORMATION Location: The subject property is located at 4346 SW 307"' St., Federal Way, WA 98023 (APN 112103-9030). See Attachment A-1, Vicinity Map. S-T-R: Section 11, Township 21 North, Range 3 East, W.M. in King County, Washington. Acreage: 40,712 square feet, or 0.93 acres Applicant/Owner: Carl Jonasson 4346 SW 307"' St. Federal Way, WA 98023 Engineer: Stephen W. Kitz Eastside Consultants, Inc. 1320 NW Mall St., Suite B Issaquah, WA 98027 (425) 392-5351 Site Zoning: Suburban Estate, SE (five -acre minimum lot size) Comprehensive Plan Designation: Single Family —Low Density (SFLD) Site Access: Vehicular and pedestrian access is provided from SW 307"' Street Utility District: Lakehaven Utility District Fire District: South King Fire and Rescue IV. FINDINGS OF FACT 1. Property Information — The property is a 40,712 square -foot (0.93-acre) lot located in the northwestern portion of the city, on the Puget Sound shoreline. The current single-family use is permitted in the SE zone. Vehicle access to the city's nearest right-of-way is via a private road (SW 307`" Street) located on the southern portion of the property Staff Report to the Federal Way Hearing Examiner Page 1 .lonasson Residence Variance File 416-104955-00-UP / Doc ID 74933 2. Variance Request — The applicant submitted a Residential Variance Master Land Use application on October 10, 2016 (Altaclnnent A). The applicant requests a variance to the SE zoning lot coverage maximum for detached dwelling units prescribed in FWRC ]9.195.010. The applicant's current site plan (Atlachment B) shows lot coverage of 7,044 square feet, or approximately 17.3 percent of the lot. The applicant proposes no additional development at this time. The maximum lot coverage allowed in the SE zoning district is 10 percent. The site plan shows the following impervious surface areas: a. Concrete driveway: 3,862 square feet b. House: 1,934 square feet c. Brick Pavers: 357 square feet d. Water feature: 286 square feet e. Garage (detached): 244 square feet f. Covered walk: 243 square feet g. Retaining wall (back yard): 76 square feet h. Retaining wall (front yard): 42 square feet TOTAL: 7,044 square feet The applicant states that a sale of his property is pending. Complications with the sale resulting from his voluntary disclosure of tile nonconforming lot coverage necessitate this variance request. The community development director may grant a variance that does not exceed 25 percent of a measurable zoning standard through Process III, per FWRC 19.45.015. Up to 12.5 percent maximum lot coverage could be approved administratively. However, Mr. Jonasson's request of 17.3 percent Iot coverage exceeds the maximum threshold of an administrative variance. Therefore, Process IV review is required by code. Pursuant to FWRC 19.1 10.020, "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 with maximum lot coverage. 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 if 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." 3. Procedural Benchrnarks a. The city issued a Letter of Complete Application within the 28-day mandated timeline on October 20, 2016. The Notice of Application was issued on October 21, 2016. Pursuant to FWRC 19.70.060, the notice was published in the Federal Way Mirror, posted on the Staff Report to the Federal Way Hearing Examiner Page 2 Jonasson Residence Variance File #16-104955-00-UP / Doc 1D 74933 city bulletin boards, mailed to property owners within 300 feet of the subject property, and posted on the subject property. b. The Notice of Public Hearing was issued November 4, 2016, published in the Federal Way Mirror, posted on city bulletin boards, mailed to property owners within 300 feet of the subject property, and posted on the subject property. Procedural documents and affidavits are included in Attachment C. Public Comments — As of the date of this staff report, no comments have been submitted to the Department of Community Development. Nonconforming Lot Size — The King County Department of Assessments has listed the subject property lot size as 0.93 acres (40,712 square feet). Pursuant to FWRC 19.195.010, detached dwelling units located in SE zones require a minimum lot size of five acres. Therefore, the lot is nonconforming due to size. 6. Legal Building Site — Although the lot size does not meet current density regulations, FWRC 19.105.010(2)(a) states "an applicant may 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." The existing house was built in 1980 under the jurisdiction of King County, prior to Federal Way incorporation. 7. NonconfornaingDevelopment —Per FWRC 19.05.140, "nonconforming development" means, "any buildings, structures, or improvements which do not conform to the current bulk and dimensional standards and other regulations of the zoning district in which they are located including but not limited to: setbacks, height limits, density, landscaping, off-street parking, other parking requirements, lot coverage, and drainage facilities, including low impact development." Because the lot coverage exceeds the maximum allowed, the subject property is a nonconforming development due to lot coverage. The city has issued no violation orders, as immediate compliance is not required per FWRC 19.30.060. 8. Historical Zoninglnformation — Within the years 1980 to 1990, the subject property's zoning changed from four units per one acre to one unit per five acres with an associated decrease in maximum lot coverage allowed. 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 designation to Suburban Estate (SE) due to conflicts with the King County Shoreline Master Program. The county's SE district 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 snaps 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 (Attachment D, Zoning Map) becoming nonconforming due to size. 9. Related Variance Decisions — The city has issued lot coverage variances to two other parcels on SW 307`�' St. a. File 05-103397-00-UP: On November 23, 2005, the city Hearing Examiner granted a lot coverage variance (Attachment F) to the 1.1-acre property two doors down from Mr. Staff Report to the Federal Way Hearing Examiner Page 3 .Ionasson Residence Variance File # 16-104955-00-UP / Doc ID 74933 Jonasson's property, located at 4338 SW 307"' Street. This property was also rezoned to SE upon incorporation. Their variance request was 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 the full 14.5 percent requested lot coverage variance to allow paving of the patio and parking area. File 10-104032-00-UP: Another lot coverage variance (Attachment G) was approved by the Hearing Examiner on January 13, 2011, for a 1.1-acre parcel adjacent to Mr. Jonasson's lot. This property, located at 4342 SW 307"' St., was also rezoned to SE upon incorporation. The variance was requested in order to demolish an existing single-family home that covered over 10 percent of the lot and build a new home with paved parking, thereby increasing lot coverage to 18 percent. The request was approved with the condition that a pervious surface be used for the parking area. 10. Site Visit — Staff conducted a site visit on November 3, 2016, to verify accuracy of the site description and conditions. V. NEIGHBORHOOD CHARACTERISTICS The property is located in the northwestern portion of the city, on the Puget Sound shoreline. Adjacent lots are used for single-family homes. Nearby acreage also serves outdoor recreational uses. Current uses of the site and surrounding area are: Comprehensive Plan Zoning Land Use Site SF Low Density Residential Suburban Estate (SE) Single -Family Residential North N/A N/A Puget Sound Single -Family Residential South SF Medium Density Residential (RS-15.0) Sin le -Family Residential East SF Low Density Residential Suburban Estate (SE) Single-Fatnil Residential West SF Low Density Residential Suburban Estate (SE) Vacant lot VI. NATURAL ENVIRONMENT l . Topography — The house and detached garage sit on the highest point of the lot, an elevation of 154 to 156 feet. The front yard slopes gradually toward the street, which is at an elevation of 134 feet. The back yard is a wooded, steep bluff facing Puget Sound, reinforced by a retaining wall. 2. Tacoma Smelter Plume — The site is located within the Mapped Tacoma Smelter Plume Area with a potential of 20 to 40 PPM for lead and arsenic in the soil. Air pollution from the smelter settled on the surface soil over more than 1.000 Square miles of the Puget Sound basin. Arsenic, lead, and other heavy metals may still be in the soil as a result of this pollution. Arsenic and lead can harm human health. Humans can be exposed by accidentally ingesting or inhaling contarninated soil. The site is mapped by the Washington Department of Ecology within the Tacoma Plume and the potential for toxic chemicals exists at the site. Staff Report to the Federal Way Hearing Examiner Page 4 Jonasson Residence Variance File #16-104955-00-UP / Doc ID 74933 3. Vegetation — In addition to the existing residential structures on the site, the property contains a mix of mature firs, deciduous trees, and shrubs. The backyard is heavily wooded. No changes to the existing vegetation are proposed. 4. Hydrology — Puget Sound is adjacent to the Northern boundary of the subject parcel. The Federal Way Wetland Inventory does not reveal any other wetlands, streams, or 100-year floodplain, on or within 200 feet of the site. The City's Public Works Department reviewed the variance application prior to the November 3, 2016 Development Review Committee meeting and found no conflicts with city development regulations or the King County Stor177water Design Manual. Wildlife — A breeding ground for the Great Blue Heron is located approximately 500 feet to the Southeast, according to the Washington Department of Fish and Wildlife (WDFW) Priority Habitats and Species (PHS) data. WDFW recommends limiting built development to 50 percent or less within 656 feet of the heron breeding ground in a suburban/rural environment. Aerial photos indicate development in the area is well below the recommended threshold. Environmentally Critical Areas — The city's Environmentally Critical Areas Map reveals landslide and erosion hazard areas cover the majority of the subject parcel. Also, the property is within the 5-year Wellhead Protection Area. VII. ENVIRONMENTAL THRESHOLD DETERMINATION The variance request is categorically exempt from threshold determination requirements of the State Environmental Policy Act. VIII. CONSULTED DEPARTMENTS AND AGENCIES The following departments, agencies, and individuals were advised of this application: The Federal Way Community Development Review Committee (DRC) consisting of the Federal Way Planning and Building Divisions; Public Works Engineering and Traffic Divisions; South King Fire and Rescue; and Lakehaven Utility District. DRC comments have been incorporated into this report where applicable. IX. 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. The final decision of the city in granting or denying an application or an appeal may be reviewed pursuant to Chapter 36.70C RCW in the King County superior court. The land use petition must be filed within 21 calendar days after the final land use decision of the city. Staff Report to the Federal Way Hearing Examiner Page 5- .lonasson Residence Variance File 4 16-104955-00-UP / Doc iD 74933 X. CONCLUSIONS 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 Attachment A. Staff responses to decisional criteria are italicized below. A. Variance Decisional Criteria Per FWRC 19.45.030, the city may grant the variance only if it finds all of the following: 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 1, 934 square foot footprint of the exislircg home, 3,862 square foot drivewoy. and associated improvements do not result in an inconsistency with surrounding dwellings in the SE zone (Attachment E, Aerial Photo). Currently, at least frve of the trine nonconforming lots within the SE zone contain houses and accessory buildings in excess of 4, 000 square feet of gross floor area. Additionally, the city approved variances to exceed 1he lot coverage maximum for property located at 4338 SW 307'h St_ in 2005 and 1342 SW 301' St. in 2011. Therefore, staff concludes the variance will not constitute a grant of special 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. 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 tince of incorporation, King County's density requirement for SE zoned lots was one dwelling unit per 3..000 square feet with a lot coverage naaxirnurn of 35 percent. The city's density requirement for SE zoned lots is one dwelling unit per 5 acres with a lot coverage rnaxinmln of 10 percent. The city's SE development standards are based on the assumption that each parcel has a ncinirnurn offive acres, allowing 21,780 square feet of lot coverage for a frve-acre parcel. As a result of the site being zoned SE but having a lot size of only 40,712 square feet, the maximum lot coverage permitted for this site is 4, 071 square feet. Therefore, staff concludes the variance is necessary due to special circumstances relating to the size 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. All existing site development is typical of single family residential sites in the subject area. No additional development is planned as part of this variance request. Future improvements to the site tnust be designed and constructed in accordance with all other development standards of the Suburban Estate zoning district pursuant to FWRC 19.195, 010. Staff Report to the Federal Way Hearing Examiner Page 6 Jonasson Residence Variance File #16-104955-00-UP / Doc ID 74933 Granting of the variance is not anticipated to have adverse effects resulting from lot coverage. The Federal Way Public Works Department reported no complaints related to the subject property. 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. 4. That the special circumstances of the subject property are not the result of the actions of the owner of the subject property. According to Mr. Jonasson's application (Attachment A), the paving of his gravel driveway in 2010 pushed his lot coverage over 10 percent. Removal of the concrete driveway is impractical, also according to the applicant. He states replacing the concrete with gravel or grass pavers would result in lower property values and greater impacts on aquatic life. He also states installation of underground drainage improvements would require relocating existing utilities. The size of the driveway is reasonable to serve the development considering the home is set back over 140 feet from the street. Also, the driveway size is comparable to those of nearby homes, as seen in Attachment E. Furthermore, the driveway has been in constant use since 1980. If approved, the requested variance will not change the use of the driveway or property. It should be noted that 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. B. Process IV Decisional Criteria Per FWRC 19.70.150(3), the hearing examiner shall use the criteria listed in the provisions of this title describing the requested decision in deciding upon the application. In addition, the hearing examiner may approve the application only if: 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 itnpletnenting development regulations and other city programs. The subject lot is designated as Single -Family — Low -Density by the FWCP, and zoned SE Suburban Estate. Applicable goals in the FWCP Land Use and Housing Chapters are as follows: Land Use (LUG3): Preserve and protect Federal Way's single family neighborhoods. Housing (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 existing improvements that exceed maximum lot coverage are not inconsistent with the scale and design of other residences in the neighborhood; therefore, the requested variance is consistent with the aforementioned goals of the FWCP. 2. It is consistent with all applicable provisions of this title and all other applicable laws. Staff Report to the Federal Way Hearing Examiner Page 7 Jonasson Residence Variance File 4I6-104955-00-UP / Doc ID 74933 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, future 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. 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"' Street, which is a private roadway serving eight private residences. The requested variance to allow the increase in lot coverage for existing development would not result in any additional impacts to the streets in the area. Lakehaven Utility District has no comment on this applicationlproject, as based on the submittal it appears no existing andlor future Lakehaven sewer facilities will be required, desired, or affected by the proposed land use action. This property is within the Tacoma Water service area. No development is proposed as part of this proposal. 5. The proposed access to the subject property is at the 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 lot frontage is the optimal location and configuration to reach the closest right-of-way, 43"Ave SW. The lot coverage variance request would not result in any modification to the access to the single-family residence. 6. Traffic safety impacts for all modes of transportation, both on and off site, are adequately mitigated. No traffic safety mitigation is required cis a result of granting the lot coverage variance. C. Conclusion The proposed lot coverage variance will comply with all applicable regulations of the FWRC, and with the goals and objectives of the FWCP. XI. RECOMMENDATION Staff recommends approval of the variance request. This recommendation is based on the findings and conclusions outlined in this report. Transmitted to the parties listed hereafter: Flesring Examiner — Phil OlbreelIM Oibreclits & Associates, 18833 NE 74`h Street, Granite Falls, WA 98252 Project Applicant — Carl ]onasson. 4346 SW 307'h St.. Federal Way_ WA 98023 Federal Way Staff— Brian Davis- Community Development Department Director / Dave Van De Weghe. Senior Planner / Mark Orthmann. Assistant City Attorney Staff Report to the Federal Way Hearing Examiner Page 8 File # 16-1049»-00-UP /Doc lU 74933 .lonasson Residence Variance o. Federal Way DEPARTMENT OF COMMUNrff DEVELOPMENT SERVICES 33325 81h Avenue South RESUBMITTED Federal Way, WA 98003 6325 253-8352607; Fax 253-835-2609 NOV —16 2016 www.eityoffederalway.com CITY OF FEDERAL WAY CDS SIGN INSTALLATION CERTIFICATE Project Name: 1,,�PAPA , D cv c — Ae E--_ IC Project File No: l 6-% 0 4- q 5 - 0 d- Lip Project Address: S U✓ c9 7 r iy S� Installed By: L �J O L)k 5 Sc2.sl Date of Installation:-41d-1 Location of Installation: 50 v i ,(- -,a C c0 R J E2 fi t- pp, +!! ++i 1r! +■ � +�! +�! +■i +�� +.: 1�! +yi le! ++! +.� IAA +.! Ili +.! 1'/ +�!•+.! +�! +�! f.� +*! /r! +*! +r� t,! +.! I0. Ir. Ia. 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 Notification 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. -Jok SSDx,- Installer's Name L�,� Installer ignature Date .W&IK Phone Bulletin #036 — January 1, 2011 Page 1 of 1 k:\-Iandouts\Sign Installation Certificate CITY OF Federal Way DEPARTMENT OF COMMUNITY DEVELOPMENT 33325 8th Avenue South Federal Way WA 980C3 253-835-7000; Fax 253-835-2609 www.cityoffederolway.com 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 Significarce (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_ 1, ❑ 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 X mailed 0 faxed 0 e-mailed and/or 0 posted to or at each of -the attached addresses on \� 0 D -�L 2016 Project Name v c File Number(s) Signature )(-J6V9 Date il- —1�0/ 42 K:\CD Administralion Fil6s\Declaration of Dist6bution.doc/Last printed 1 /8/2015 10:07:00 AM BEFORE THE HEARING EXAMINER FOR THE CITY OF FEDERAL WAY Phil 01brechts, Hearing Examiner RE: Jonasson Lot Coverage Variance FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION 16-104955-00-UP INTRODUCTION The applicant requests approval of a variance to the City's lot coverage standards in order to increase maximum lot coverage from the authorized 10% to 17.3%. The variance is approved. ORAL TESTIMONY David Van De Weghe, Federal Way Senior Planner, summarized the proposal. In response to the examiner, Mr. Van De Weghe replied that no permits had been issued for the driveway. He also noted that the Jonasson home wasn't placed closer to the access road in order to reduce driveway length because the home would then be downslope of the water views to the north. The home was placed upon the crest of the on -site slopes in order to enable water views. Carl and Denise Jonasson requested expedited review in order to facilitate the closing of the sale of the subject property. EXHIBITS The November 14, 2016 staff report and all its attachments were admitted as Exhibit 1 during the hearing. In addition, the City's power point presentation was admitted as Exhibit 2. FINDINGS OF FACT Procedural: 1. Applicant. The applicants are Carl and Denise Jonasson. 2. Hearing. The Hearing Examiner conducted a hearing on the application at 10:30 am at Federal Way City Hall on November 21, 2106 Substantive: 3. Site/Pr o asal Description. The applicant requests approval of a variance to exceed the maximum 10% lot coverage requirement under FWRC 19.195.010 at their residence located at 4346 SW 307"' Street to 17.3%. The property is 40,712sf or 0.93 acres. The property is along the Puget Sound shoreline. It is currently in single family use. Variance P. l Findings; Conclusions and Decision Impervious surfaces at the subject property currently total 7,044sf or approximately 17.3% of the lot area. The applicant proposes no additional development at this time. The applicant requested the variance because the property is pending sale. Complications with the sale resulting from his voluntary disclosure of the nonconforming lot coverage necessitate this variance request. The property met the 10% lot coverage maximum when the City was incorporated in 1990. The subsequent addition of the currently existing driveway in 2010 rendered the lot nonconforming with respect to lot coverage. The minimum density in the SE district is one unit per 5 acres. The existing house was constructed in 1980 under the jurisdiction of King County, prior to the incorporation of the City. From 1980 to 1990, the subject's zoning in King County had been four units per one acre. Prior to inrmm�ratinn tl"IP YY�aX1m>?m Iot rC)x7f. A I- wn i50/n. 4. (11, arar'Pthe area. : he c wbiPr* *e is su ��. dPd nn �he Past and PS+ 1-w q .... L%J ti zoned property. The property to the south is zoned RS-15. Single family residences surround the subject property on the south and east sides. To the north is Puget Sound. To the west is a vacant IcL. 5. Adverse Impacts. No adverse impacts are anticipated as the increase in lot coverage is relatively modest. The Federal Way Public Works Department reviewed the proposal and found no problems would result from the increased impervious surface. 6. Special/Unique Circumstances. The subject property is unique in that when it was developed, it was subject to the King County R-9,600 zoning classification which allowed four dwelling units per acre with 35% lot coverage. When the house was constructed, it conformed to the King County code with respect to density and lot coverage. Upon annexation, a suburban estate zone was assigned to the property with a density of one unit per five acres and a maximum 10% lot rovera-e Consequently, the home became nonconLorm;nrt aq to minimum lnt ci-7e 11r nn annexation. It was only after the gravel driveway was paved in 2010 that the lot coverage was exceeded. The uniqueness of the situation is that the 10% lot coverage was intended for lots that were anticipated to be five acres in size or more as authorized in the suburban estate zone. 10% coverage for a five acre parcel enabled a relatively large amount of impervious surface. However, the 10% maximum for the 0.93 acre site is only provides for a maximum of 4,071 square feet of impervious surface, which clearly is not sufficient to accommodate a reasonably sized home in the project area. CONCLUSIONS OF LAW Procedural: 1. Authority of Hearing Examiner: FWRC 19.70.150 provides that the Examiner shall issue a written decision on Process IV applications. F WRC 19.70.260 provides that the Examiner's decision is appealable to superior court. Variance p. 2 Findings, Conclusions and Decision Substantive: 2. Zoning. Designation': The zoning is Suburban Estate, SE, with a five -acre minimum lot size. The Comprehensive Plan designation is Single Family — Low Density (SFLD). 3. Review Criteria and Application. FWRC 19.45.010 requires Process IV review for variances. Process IV criteria are governed by FWRC 19.70.150(3). A variance must also satisfy the variance criteria of FWRC 19.45.030. All applicable criteria are quoted in italics below and applied to the application under corresponding Conclusions of Law. VARIANCE CRITERIA FWRC 19.45.030 (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 4. The variance is consistent with prior variance approvals in the subject's vicinity for the same variance request. As noted in Finding of Fact No. 9 of the staff report, two other variances for modest increases in lot coverage were approved under very similar circumstances for one home adjacent to the subject property and another two homes removed for small lots that were made nonconforming by annexation in the suburban estate zone. In general, the applicant only wishes to have a reasonably sized driveway to serve a home of size comparable to other homes in the vicinity. No grant of special privilege is involved in approval. Approval is necessary to confer similar development rights granted to other residential development in the vicinity. (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. 5. As determined in FOF No. 6, there are special circumstances associated with the subject property due to its size and location in an area that was annexed into the City of Federal Way. As noted in Conclusion of Law No. 4, due to these special circumstances, the variance is necessary to grant the applicant development rights similar to those of other residences in the vicinity and zone in which the property is located. (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. 6. As determined in Finding of Fact No. 5, there are no adverse aesthetic and other impacts associated with the variance as no further development is proposed. Variance P. 3 Findings, Conclusions and Decision (4) That the special circumstances of the subject property are not the result of the actions of the owner of the subject property. 7. The special circumstances are primarily due to the down -zoning of the property resulting from its annexation into the City of Federal Way. Ultimately, the applicant's paving of his driveway is what pushed the property over the maximum 10% lot requirement, but the primary reason for the applicant's difficulties was ultimately caused by the annexation and downzoning. HEARING EXAMINER REVIEW PROCESS IV DECISIONAL CRITERIA F'WRC 19.70.150(3): /nl It is rnncictorot uyith thv rmmnrvhnrrcivo nlan o Tp —, r nr)Sa; i� rrn�igt�nt :nth �'erlerp? W5:iv r'^mnrahe igi:le ^t-t11i-1er-1 �n ns.Op l or the �. li;. rr. r .. ._ _ .. - - J r_ - rwb . . staff report. flu' It is cviiiiSteiiI ivltlI diii dippiic.ahle pr ovisions of tiiis it andi all other applicable laws. ws. 9. City staff have determined the driveway is consistent with all applicable City code provisions and applicable law except for the 10% impervious surface requirement. There is inconsistency with applicable law apparent from the administrative record. It is concluded the criterion is met. (c) It is consistent with the public health, safety, and welfare. 10. The proposal would not have negative impacts on the public health, safety and welfare since as determined in Finding of Fact No. 5 no adverse impacts are associated with the v oiistrl.:vtion of the /a y"ivP[?!a J/ Knd apprnv51 Pnah1PQ t1,iP appl:r. arit reasonable Lase n-F_ his Y`ry Y\Prt/ N Y J by enabling a paved driveway. (d) The streets and utilities in the area of the subject property are adequate to serve the anticipated demand from the proposal. 11. No additional demand for streets and utilities is proposed. (e) The proposed access to the subject property is at the optimal location and configuration for access. 12. No change to the proposed access or to the site development is proposed. The existing access adequately serves the subject property. (� Traffic safety impacts for all modes of transportation, both on and off site, are adequately mitigated. Variance p. 4 Findings., Conclusions and Decision 13. No additional traffic impacts are anticipated. DECISION The variance is approved. Dated this 21" day of November, 2016. r'h i t<_�. 4 Tf hrcritt s Hearing Examiner City of Federal Way Right of Appeal This decision may be appealed to superior court within 21 days of issuance as governed by the Land Use Petition Act, Chapter 36.70C RCW. CHANGE IN VALUATION Notice is given pursuant to RCW 36.70B.130 that property owners who are affected by this decision may request a change in valuation for property tax purposes notwithstanding any program of revaluation. Variance p. 5 Findings; Conclusions and Decision Tamara Fix From: David VanDeWeghe Sent: Tuesday, November 22, 2016 11:26 AM To: Tamara Fix Subject: RE: Hearing Examiner decision mailing Correction to the file and doc numbers: File: 16-104955-00-UP Attachment: 742 Dave Van De Weghe, AICP Senior Planner A Federal Way 33325 81h Avenue South Federal Way, WA 98003-6325 Phone:253/835-2638 Fax: 253/835-2609 www.cityoffederalway.com From: David VanDeWeghe Sent: Tuesday, November 22, 2016 10:03 AM To: Tamara Fix Subject: Hearing Examiner decision mailing Tamara, Would you please mail the following Hearing Examiner Decision to the Assessor before our Thanksgiving break? File: 16-104830-00-U P Attachment #: 739 Mail to: King County Assessor 500 Fourth Ave. #ADM-AS-0708 Seattle, WA 98104 And please complete a Declaration of Distribution form, as this mailing is required per code. Thanks, Dave Dave Van De Weghe, AICP Senior Planner Fes all WaV 33325 8th Avenue South Federal Way, WA 98003-6325 1 Phone:253/835-2638 Fax: 253/835-2609 www.citvoffederalway.com zi � V ((DD ((D Ln (f) ❑ ❑ O O El (CD ((D ❑ ❑ O On ❑ tp 7� z m v z sv m kS -1 Lp Od o t Fr n n n i n C0 ElVS � El� U O O O O O (D O El ElQ .v S 0 0 O O O O Iy.K 0 ❑ ❑ ❑ Ek c� or m C fl. m l< O 0 sv 3 O. DJ a a -I U) O m rt Z � o r m a m fu 'v o M m Z 0 rt r `I n o 'M r H rt 0 n z :* 3 1 lU O O O 2 :3 m T< X o ai f+ o M. � c: o O N m I 2 m cC m m 0 ((DD w rn o OL w Cl CD w � O v : 3 z D O1G < rD n D N m 00U7 d N O O — F, O zr O O c C, c () 0, El 6' (D V) rF 7 I r ! 1 t r r 1 1 t i I 1 1 r f f 1 r i f r r r 1 I 1 f ! I f f 1 ! I f i ! r f 1 1 f r NAD 83111 GRAPHIC SCALE 20 0 20 40 ( IN FEET ) I inch = 20 fL LEGEND: Y= TEMPORARY BENCH MARK Q = PROPERTY LINE MARKER AS DESCRIBED C-Q.a = POWER POLE E----- = GUY ANCHOR = POWER VAULT P o = POWER BOX —P w\+ = OVERHEAD POWER M = WATER VALVE WM❑ = WATER METER TEL o = TELEPHONE RISER CB ❑ = CATCH BASIN AD ❑ =AREA DRAIN —D— = STORM DRAIN LINE/ CULVERT UT o = UTILITY BOX O = POST/BOLLARD '~B = TREE ten= TREE LINE = ROCKERY = RETAINING WALL = PILE RETAINING WALL —:�-- = CHAIN LINK FENCE LiNE -- = FLOW LINE 77777, = EDGE OF PAVEMENT/CURB LINE = CONCRETE ® = BRICK PAVERS GRAVEUROCK PATH SURVEY NOTES: 1. BASIS OF BEARINGS IS THE WASHINGTON STATE PLANE COORDINATE SYSTEM, N.A.D. 8312011, NORTH ZONE, AS ESTABLISHED BY GPS TIES TO THE WASHINGTON STATE REFERENCE NETWORK (W. S. R. N.). ALL DISTANCES SHOWN ARE GRID DISTANCES USING A COMBINED PROJECT SCALE FACTOR OF 1.0000335. -O2. THE ELEVATION DATUM IS N.A. V.D. 1988 AS �ESTABLISHED USING W. S. R. N. (SEE NOTE 1 ABOVE). LOCAL SITE BENCHMARK IS A FOUND 1 112" IRON PIPE AT THE SOUTHEAST CORNER OF THE PROPERTY, ELEVATION = 135.29' 3. FIELD WORK WAS DONE IN JANUARY AND OCTOBER OF 2009, AND SEPTEMBER OF 2016, USING A TRIMBLE R8 GNSS GPS RECEIVER AND A NiKON NPL-352 FIVE SECOND TOTAL STATION WITH CLOSED TRAVERSE METHODS iN ACCORDANCE WITH W.A.C. 332-130. 4. THE EXTERIOR SITE BOUNDARY AND SECTION CONTROL AS SHOWN ARE BASED ON A RECORD OF SURVEY AS FILED IN BOOK 99 OF SURVEYS ON PAGE 13. 5. DASHED CONTOUR LINES, AND STRUCTURES ON AND ADJACENT TO THIS SITE ARE FROM AN AERIAL TOPOGRAPHY SURVEY DONE BY DEGROSS AERIAL MAPPING. 6. UNDERGROUND UTILITIES MAY EXiST ON OR AROUND THIS SITE. Call Before You Dig 811 OR 1-800-424-5555 LEGAL DESCRIPTION: THE WEST 74.88 FEET OF THE EAST 596.64 FEET OF GOVERNMENT LOT 3, SECTION 11, TOWNSHIP 21 NORTH, RANGE 3 EAST, W.M., IN KING COUNTY, WASHINGTON, EXCEPT THE SOUTH 1672 FEET THEREOF. ; ! CO \ O O ! O O 1- N (.II p` y s i l s, l 'fill e� it i • ••� \ \\\\ 1 t i t t i! 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N0. 5058968� t w, • DRAINHOUSE TRENCH .- !' h' AD IL GARAGE na @� r a 11,01 `t REBAR S i It It it ill TERA TED CAP 0 rn it it 1 1\''' I t t t l l\ 1 1\\ \\\♦\\\\ \ t i I 1 1 1 I it it it 1 1 l i 1 t l t l\\ 1\ 1\ I l\\\\\\ \\\ 1 l 1 1 1 1 1 1 S S 1 t I i t l t l t l 1 t 1 l ! l 1 1 1 1 1 f t► t i i t i i At S { ! ! \ i y • i } { t 1 l ! t i } t } ! 1 } 4 1 1 I N 1 1 1 t ? i 1? �i ? i 1 �1 t i? 4l t i t Itl 1 1 t II k t k I% t r t ,-, i 1\ '\ 1�,t\ \\\ r\ \\ O O O O O 90 O O O O O �j p N O O ■ iS �s 7S L4 7.,5Z- AIKA� IMPERVIOUS AREA SUMMARY PILE RETAINING WALL = 76 S.F. BRICK PAVERS = 357 S.F. HOUSE = 1,934 S.F. CALCULATED USING COVERED WALK = 243 S.F. AUTOCAD CLOSED GARAGE = 244 S.F. POLYLINES S.E. RETAINING WALL = 42 S.F. WATER FEATURE = 286 S.F. CONCRETE DRIVEWAY = 3,862 S.F. TOTAL IMPERVIOUS = 7,044 S.F. LOT AREA = 40, 712S. F. (PER ASSESSOR) IMPERVIOUS COVERAGE = (7,044/40,712)*100 = 17.3% -04 W. r I �e r r ' r I� I t t I i t j r t i 1 r t a r •' r � r j � I 1 1 r 1 i { i r It I I it I � I I r I r r I I t, i r it I r f' ! � r r r I i i r r I r r I W 114 COR. SEC. 11-21-3 i CALC. POS17ION PER R.O.S. FD. 1 1/2" IRON PIPE SEE NOTE 4 •TBM ELE11=135.29 I ra R TRENCH DRAIN TOP=136.32 HOUSE a I W • W �W v, to N I 0 co T I AAA♦ Ai♦ i♦ i♦ is A i . i-. i ism i:iv :i P (1672' DEED) 1667.52' REC. N01 °01'02"E FD. 1 1/4" IRON PIPE ,7� 444 P' m` : INDEX LOCATION ► rS W mp N to Q W zQ Q a O to LU O JOB NO. 16175 DATE 912016 SCALE 1 "=20' W 114 COR. SEC. 11-21-3 DESIGNED S. K►TZ CALC. POSITION PER R.O.S. DRAWN S. KiTZ SEE NOTE 4 CHECKED. APPROVED. SHEET 2 OF 3 L j 0 r f r t r / r r 1 1 f 1 1 r 1 1 1 r i ! i 1 1 1 I I r f 1 r f t I t 1 r r 1 1 1 I f r r f f i r r 1 1 r I NAD 83111 GRAPHIC SCALE 20 0 20 40 ( IN FEET ) 1 inch = 20 ft. LEGEND: Y = TEMPORARY BENCH MARK O = PROPERTY LINE MARKER AS DESCRIBED c3D-a = POWER POLE E-- = GUY ANCHOR = POWER VAULT P EI = POWER BOX —P— = OVERHEAD POWER wv X = WATER VALVE WM ❑ = WATER METER TEL Q = TELEPHONE RISER C8 ❑ = CATCH BASIN AD ❑ = AREA DRAIN —D— = STORM DRAIN LINE(CULVERT UT a = UTiLITYBOX 0 = POST/BOLLARD '~a = TREE = TREE LINE = ROCKERY = RETAINING WALL = PILE RETAINING WALL o = CHAIN LINK FENCE LINE ----- = FLOW LiNE I-<..IRNME- ' = EDGE OF PAVEMENT/CURB LINE = CONCRETE ® = BRICK PAVERS I LE11= GRAVELIROCK PATH 1 SURVEY NOTES: 1. BASIS OF BEARINGS IS THE WASHINGTON STATE PLANE COORDINATE SYSTEM, N.A.D. 8312011, NORTH ZONE, AS ESTABLISHED BY GPS TIES TO THE WASHINGTON STATE REFERENCE NETWORK (W. S. R. N.). ALL DISTANCES SHOWN ARE GRID DISTANCES USING A COMBINED PROJECT SCALE FACTOR OF 1.0000335. 2. THE ELEVATION DATUM IS N.A. V.D. 1988 AS ESTABLISHED USiNG W. S. R. N. (SEE NOTE 1 ABOVE). LOCAL SITE BENCHMARK iS A FOUND 1 112" IRON PiPE AT THE SOUTHEAST CORNER OF THE PROPERTY, ELEVATION = 135.29' 3. FIELD WORK WAS DONE IN JANUARY AND OCTOBER OF 2009, AND SEPTEMBER OF 2016, USING A TRIMBLE R8 GNSS GPS RECEIVER AND A NIKON NPL-352 FIVE SECOND TOTAL STATION WITH CLOSED TRAVERSE METHODS IN ACCORDANCE WITH W.A.C. 332-130. 4. THE EXTERIOR SITE BOUNDARY AND SECTION CONTROL AS SHOWN ARE BASED ON A RECORD OF SURVEY AS FILED IN BOOK 99 OF SURVEYS ON PAGE 13. 5. DASHED CONTOUR LINES, AND STRUCTURES ON AND ADJACENT TO THIS SITE ARE FROM AN AERIAL TOPOGRAPHY SURVEY DONE BY DEGROSS AERIAL MAPPING. 6. UNDERGROUND UTILITIES MAY EXIST ON OR AROUND THIS SITE. 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I i 1i I I 4•.4 �.y..l..r} I�i..L l 1 t t I t 1 I i t I t l l t i l t t 1 1 1 }! 1 ll i! t ii l l 1 1 1 1 It f t r, :" l l t l i! l l l l l i l l 1�-" ! t ,• '�' I {!! t 1 1 t 1! 1} l 1 1 1 ti }! }! 1 1 t 1} l I t i i i l t i l l i!t I }! 1 1 1 4 1 1 t 't 1{ l l t O its 1 1 1 1 It I Jill . }} II ,i l I i` }} ti ! t I \\ 1\\\ °53'14"E I I _p i 3 I I I I I ' t------------------- DRIVEWAY k I I I x I �g I 'a% SEWER I AULT AD 10' POWER LINE EASEMENT RiM=136.14 1(�PER REC. N0. 7910030739 10' X 20' WATER EASEMENT i CALL i 7X;4 791 AAA=A c PER A.F. NO. 5058968--% 1 �� 80X� r ! r r i rrr < ii i i <! I r r c_ r 1i 1i a 1i 1i v ,Q • . DECK p HOUSE DECK W-Ar O7 / A\\\ REBAR I t l I I I i 1 1 l! I{ i i! .t 1 i 1 1 i i l I 1 1 1 i t t l i { t w/ t 1 1 1 '• l 1 1 1 t.1 1 \\\\\\\ �\\\ TERAIID %,laP i f i t '! !!1111!SyiII{II}tEl!iiilliil1i1111411111'111tt1l11i1!\\\\\\\\\\\ 1 i i t 1 ? t 11 11 }I 1 \ t } I 1 I t} 1 !I i i I i 1 1 00 16 1 �i ! 1 i �{ 1 1 1 ! i �t 1 1 1 }i It { t.. 1\ l 1rl O O O O O (OPO O N 1Ln �' O O O O $ g N TRENCH DRAIN TOP=152.00— 1001 AD TOP=152.( IE=151.5� DECK Cn -P v a .I' p ' h • • . TOP=151 36 8� D CK GARAGE b �142 I 10 EASEMENT PER A. F. . 058968 30 EASEMENT FOR I ESS, EGRESS, 14 AND 71UTIES PER A. F. N 5575614, I -- A� ,4. W. 00 WA`SyZ co 27826 91 ST591 •�� i ! ! ! 1 i ! i rR+ ! 1 i 1 _ ! 1 ! 1 ! ! = 1 x ! 1 1 ! 1 ! 1 f � I � I � I � I I � I ! i 1 � 11 1 I 1 I 1 i 1 W 1/4 COR. SEC. 11-21-3 1 CALC. POSITION PER R.O.S. FD. 1 1/2" IRON PiPE SEE NOTE 4 •78M ELEV=135.29 \.7 air TRENCH DRAIN TOP=136.32 A :a Wo W $ o LLJ a c _ 'moo N 7 Mw 1- I A A 11 / I\ 11 11 11 11 A r r r r i rrr ��„rn r (1672' DEED) 1667.52' REC. NO1001'02"E FO. 1 1/4" IRON PiPE INDEX LOCATION ►Ner 02__ L o 3 � y y w M x Q Z a w 3 Oz�. N 2 W ,r U Z ;i QW y M >' � O � J J OW 0 W 1/4 COR. SEC. 11-21-3 CALC. P PER R.O.S. SEE NO SEP 3 0 2016 a CITY OF FEDERAL WAY CDS JOB NO. 16175 DATE 912016 SCALE 1 "=20' DESIGNED S. KITZ DRAWN S. KITZ CHECKED, APPROVED. SHEET 1 OF 3 — I 0 f , , 7 , I 1 , t 1 1 , i 1 1 , I i , , t 1 t i , , I 1 , r 1 r r , , i t , r , , r I r , 1 t t , r t , MAD 83111 GRAPHIC SCALE 20 0 20 40 IN FEET ) 1 inch = 20 ft. LEGEND: Y= TEMPORARY BENCHMARK 0 = PROPERTY LINE MARKER AS DESCRIBED ��- = POWER POLE E---- = GUYANCHOR [on = POWER VAULT Po = POWER BOX ---P— = OVERHEAD POWER wv N = WATER VALVE WMc = WATER METER TEL o = TELEPHONE RISER CB ❑ = CATCH BASIN AD El = AREA DRAIN —D— = STORM DRAIN LINE/ CULVERT (APPROX. LOCATION PER PROPERTY OWNER) UT o = UTILITY BOX 0 = POST/BOLLARD e = TREE ter= TREE LiNE =ROCKERY = RETAINING WALL = PILE RETAINING WALL --C.-- = CHAIN LINK FENCE LINE — = FLOW LiNE = EDGE OF PAVEMENT/CURB LINE = CONCRETE ® = BRICK PAVERS r. -77-7- ~4 = GRAVELIROCK PATH r' �s = DRAINAGE SURFACE FLOW DIRECTION SURVEY NOTES: 1. BASIS OF BEARINGS IS THE WASHINGTON STATE PLANE COORDINATE SYSTEM, N.A.D. 8312011, NORTH ZONE, AS ESTABLISHED BY GPS TIES TO THE WASHINGTON STATE REFERENCE NETWORK (W. S. R. N.). ALL DISTANCES SHOWN ARE GRID DISTANCES USING A COMBINED PROJECT SCALE FACTOR OF 1.0000335. -O2. THE ELEVATION DATUM IS N.A. V.D. 1988 AS �ESTABLISHED USING W.S.R.N. (SEE NOTE 1 ABOVE). LOCAL SITE BENCHMARK IS A FOUND 1 112" IRON PIPE AT THE SOUTHEAST CORNER OF THE PROPERTY, ELEVATION = 135.29' 3. FIELD WORK WAS DONE IN JANUARY AND OCTOBER OF 2009, AND SEPTEMBER OF 2016, USING A TRIMBLE R8 GNSS GPS RECEIVER AND A NIKON NPL-352 FIVE SECOND TOTAL STATION WiTH CLOSED TRAVERSE METHODS IN. ACCORDANCE WITH W.A.C. 332-130. 4. THE EXTERIOR SITE BOUNDARYAND SECTION CONTROL AS SHOWN ARE BASED ON A RECORD OF SURVEY AS FILED iN BOOK 99 OF SURVEYS ON PAGE 13. 5. DASHED CONTOUR LINES, AND STRUCTURES ON AND ADJACENT TO THiS SITE ARE FROM AN AERIAL TOPOGRAPHY SURVEY DONE BY DEGROSS AERIAL MAPPING. 6. UNDERGROUND UTILITIES MAY EXIST ON OR AROUND THIS SITE. Call Before You Dig. 811 OR 1-800-424-5555 LEGAL DESCRIPTION: THE WEST 74.88 FEET OF THE EAST 596.64 FEET OF GOVERNMENT LOT 3, SECTION 11, TOWNSHIP 21 NORTH, RANGE 3 EAST, W.M., IN KING COUNTY, WASHINGTON, EXCEPT THE SOUTH 1672 FEET THEREOF. I 14 p sot �' t �i s, o o 0 f f/ t ( 1 i I% t %\ ?If f / it f tit + r ! 1. IIIW S i r t/+ I t I! 1 1 1 1 d 1 ��`.,, .,�' ` {tll�� \ f i t \ \' !\ 1\\ I i t l t t l l l 1 1 1 i l i t{ I} i 1 1 1£ If ! 1 !! 1 1 {1 1 i ! .. 11 t t\ y \I y y t\ t \ y 1 t 4 1 1 1 t t t} t l ' t 11( 1 1 1 1 !+ I I f 1 1 r I t 1 1�2 1RON P1mr � .—�., ..- �. . � I 1{ 1 1{ I \+ y\ I t \ a\ I t► 1 1 1 I 1 1 1 11 ly r t i � `•, r i'+ 11 ►, ' I t I'I ► l 1 t 1 \ \ \ \ \'mot `1 e. yilh;',-;.Lip.}-rT�T�• i T! rn , i f 1 t ! ♦ A 11AA1V V/� \\ V A \ t V 1 4 t 1 1 1 } t 4 1 1 1 1 } k f t I,{ i I t 7 t I 7 1! 1 kit l 4 1{ t l l i t t t{{ 1! t f l l t f! i r 1 I/ t t J l it Il ► i !1 11 1 1 1 1 1 t 1 it 1 i}{ 1 1! 1 f. 1 It t! f! f i I If t 1 \ I t 1\\ ► 1 1 4 t t I l l l l! t l t 1 1 1 1 f i i if = i 1 \ \ i t \\\\, \\ 1\ t t l t I t 11 1 i l 1 i I I I it 1 1 i l l i l i k l l i t{ i i i l i l? i l i► 1 1 t l l! t l i► 1 1 1 11 1 1 it I I 1 f 1 1 1 t( 1! 1 i 3 S t i I! 1 I It III III 11 1 1 1 IIIIIIIII I I I I I I i I I I I I I t k I I i t f! 1 1 l i f i i l i l l t! I t! 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LOCATION , ,' i I + I r / i!► It I J I I+ I t I I I i 1 1 I i t I I( 1 1 I i 1 1 i I f I t l 1 I i► I 1 I i t I 1 I I t i I I f 1 1 1 r ORDINARY HIGH TIDE LINE 1 1+ f I t l I f r t 1 1 1 r r t f 1 1 1 i l i i f 1 1 ( 1 f 1 1 1, t 1 i t t t l l i t 1 t 1 1 i! t t s: 1 1 ► t t r t' 1 1' t i 11 i' i i t+ i t11r t i 1 l i r i i i l i i t l l ik},W�iise+Tr�es1; t 1 1 tt 1 I{ 11 PER DEGROSS 1 1! 11 1 1 I + I I i t! i t I I i !/ �`1V� � 1' 1 A1 1 AERIAL SURVEY f; 1t II t 1 I I If I I t 1 I► I r+ I 1 11 t if 11 1 11 1 I I t I I t I t i I I 1 t 7 11 �` { t!► i 1 1 I IIII ! 11 i 1 I! I it t I i t 11 t I 1 I I i I 1' I I 1 11 I l ! t 1 ! i flllltl ill I I I I 1 1 1 1 1 ! t i i 14 4 t! 1 1 t t i 1 1 i l) 1! 4 S 1 1{ 1\ 1 1 1 1 1! f I I I 1 I t{ t! t 1( t 1 i t i t t I It I i t I I I I I i f I i t I I i I s( t► l i t i l t t i l{ 1 1 1 1 }` t l l l t t i t ! 1 1 1 i 1 i I I I l f r l!! f f 1 4 1 1 1 1 k l l i l i► 1 4 k 1 Ii t} 1} I I{ I t 1 1 t l ► i t r f + I t 1 ! i 1 ! 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I t l! 1 1 1 t{ yl It.1! ; It 11 11 i 1\ 1\\\`♦ �� DECK HEAT PUMP O REBAR 1 f t TERA TED CAP # 1 I i I 1 1 1 1 E 1 1 1 1 1 1 1 1 1 1 1 t i}} I t l I 1 1► t t l 1► 1 i 1 1► :, i t l l t i! 1 1 4 1 1 k l t l l i l l t t i► S t i 1 1 1 V \' 1\\\\\\\%\\\ \\\. 1 t l I 1► t, I t 1 t i t l l\ I i t I t+;". t\ 1 1\ t\\.\\\\\\\ \\ 0 0 0 $ o 0 0 0 0 0 N w v' O O O O t N '14 "E Q �♦ 1 1 1 1 1 1; 1— 1I-, J / 1 11 HOUSE TRENCH DRAIN TOP=152.00— 1001 AD TOP-15Z IE=151.5-\ DECK / U, U' rn TIES TO ERIM TER OUT UN K WN PLAN NOTES: 1. ALL SiTE CONDITIONS, IMPERVIOUS SURFACES AND DRAINAGE FACILITIES SHOWN ARE EXISTING AS OF SEPTEMBER 21, 2016. NO NEW IMPROVEMENTS ARE PROPOSED AT THIS TIME. 2. UNDERGROUND DRAINAGE LINES ARE SHOWN BASED ON INFORMATION PROVIDED BY THE PROPERTY OWNER. 3. THE CONCRETE DRIVEWAY WAS CONSTRUCTED OVER AN EXISTING GRAVEL DRIVEWAY WiTH MINIMAL GRADING (PER PROPERTY OWNER). NO ADDITIONAL GRADING IS PROPOSED AT THIS TIME. 4. THIS SITE IS SERVED BY PRIVATE ROAD EASEMENT (SW 307TH ST.) AND DOES NOT ABUT A PUBLIC ROAD RIGHT OF WAY. r-------------------a: =>,. --'------•.—! to DRIVEWAY I .-------------------------- _-. i- NOTE: EXISTING AREA DRAIN APPEARS TO HAVE PLUGGED OUTFALL I PIPE IN AN UNKNOWN LOCATION. RUNOFF CURRENTLY SHEET 1 FLOWS OUT OF THE DRAIN DOWN !! THE NORTH SIDE OF THE PAVED I ROAD TO AN EXISTING DITCH JUST EAST OF TAX LOT 1121039031 —\ AD 14 10' POWER LINE EASEMENT RIM=136.i PER REC. NO. 7910030739 10' X 20' WATER EASEMENT t 79�2 7--► eecA0 PER A.F. NO. 5058968� nca Cwsu�•rrzr_a�m. �f � _ � w• s s 7 1 I f/ II 1 lA1 I / LA a v• ��a . �a 10' EASEMENT PER A.F. 0589E 30' EASEMENT FOR IN ESS, EGRESS, AND TIUTIES PER A.F. N 557560 +sott"t!'114M1 f ,9 27825 W yo jR a Z too a LU j ! g cc 0. J SEWERI I CALL 11'`` it $ try 1 t � � 1 1` 1{ ' t ` 1 ` 1 ` I � I I I 1, I I 1 � ! 1 I I � 'r l � 1 I 1 1 1 � W 114 COR. SEC. 11-21-3 1 CALC. POSITION PER R.O.S. FD. 1 1/2" IRON PIPE •TBM ELEV=135.29 SEE NOTE 4 t TRENCH DRAIN v TOP=136.32 0 W HOUSE Q • •W " LU� 1 W to N (6�� h (1672' DEED) 1667.52' REC. NO 1001'02"E 1 1/4" IRON PiPE INDEX LOCATION S W U � ct rn � to N U LU M W M M o N 0 CO 101) cl z aZ �a CC a°a z U. LU rg O w � M T Z nc 3 w O Z 7 N W 9 v Z Its x 0ul H � � O 3 OW G Z ;a U 1 y z ti2aN1 _ gz% Wy �a3� C �w ch M Z�N Way JOB NO. 16175 DATE 912016 SCALE 1"=20' W 114 COR. SEC. 11-21-3 DESIGNED S. KiTZ CALC. POSITION PER R.O.S. DRAWN S. KITZ SEE NOTE 4 CHECKED. APPROVED. SHEET 3 OF 3