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Planning Comm MINS 05-15-2002K:\Planning Commission\2002\Meeting Summary 05-15-02 - Corrected.doc City of Federal Way PLANNING COMMISSION Regular Meeting May 15, 2002 City Hall 7:00 p.m. Council Chambers MEETING SUMMARY Commissioners present: John Caulfield, Hope Elder, Nesbia Lopes, Bill Drake, Dini Duclos, Dave Osaki, and Grant Newport. Commissioners absent (excused): None. Alternate Commissioners present: Tony Moore and Marta Justus Foldi. Alternate Commissioners absent (excused): Christine Nelson. Staff present: Community Development Services Deputy Director Greg Fewins, Contract Senior Planner David Graves, Assistant City Attorney Karen Kirkpatrick, and Administrative Assistant E. Tina Piety. Chair Caulfield called the meeting to order at 7:00 p.m. APPROVAL OF SUMMARY The December 5, 2001, meeting summary was approved as presented. AUDIENCE COMMENT None. ADMINISTRATIVE REPORT Mr. Fewins presented the Administrative Report. The next Planning Commission meeting is scheduled for June 19, 2002. It will be two public hearings, one on social services transitional housing separation requirements, and the other on miscellaneous code amendments. The fiscal impacts of annexation for the Potential Annexation Area Study is almost complete. Federal Way has worked with other King County cities on a reduction of housing targets. Federal Way’s housing targets have been reduced by over 6000 units. It still needs to go to the Growth Management Planning Council for approval. The Permit Process Task Force has met twice. During the second meeting they went over the survey results. Six Flags is adding 10 new rides to Enchanted Parks and expects to have seven open by Opening Day on Sunday. The Kitt’s Corner and Christian Faith Center development agreements are still in process. Kitt’s Corner has an architect and is developing a site plan. The new high school is under construction. The Commission discussed who might be on vacation June 19 and because many will be gone, moved the meeting to July 17, 2002. COMMISSION BUSINESS PUBLIC HEARING – Expansion of Nonconforming Residential Uses The Public Hearing was opened at 7:15 p.m. Mr. Graves gave the staff report. The Planning Commission had met twice last year to discuss this issue and requested the staff develop a code amendment. The City’s underlying policy is to encourage nonconforming uses to become conforming, or to move. This is one reason staff does not recommend adoption of this code amendment. In addition, staff feels there is adequate provision in the code for upgrades or renovation to nonconforming residential uses. Currently, the code allows an attached, but not a detached garage. Mr. Hyppa would like to build a detached garage. The Commission discussed the issue. It was noted that Mr. Hyppa has not been able to sell the property and a garage would add to the resell value. Planning Commission Summary Page 2 May 15, 2002 K:\Planning Commission\2002\Meeting Summary 05-15-02 - Corrected.doc/Last printed 1/10/2005 3:45 PM Public Testimony was opened at 7:40 p.m. Roger Hyppa – He provided the Commission with a handout of background material. His parents bought the property in 1950 when it was zoned for single-family. He attempted to sell the house four years ago, which is when he discovered that property is now zoned Business Park. He feels that his property rights have been taken away because he is not allowed to do things other homeowners in single-family zones are allowed, such as adding a detached garage. Because of the way the house is situated, it is not possible to add an attached garage. He asks what is the difference between adding a detached as opposed to an attached garage? He stated that he has been trying to sell the home for four years, but there is no market for it without a garage. He presented the Commission with a handout titled, “Reasons for removal of non- conformist codes [Federal Way City Code] FWCC Section 22-338.” The Commission continued to discuss the issue. One Commissioner stated that it doesn’t make sense that a homeowner in this situation would not be allowed to add a hot tub or gazebo because they are not attached. It was asked if there are industries moving into the area (i.e., Business Park uses such as warehouses and fabrication facilities). The staff replied that there is such uses moving into similarly zoned land to the south. Public Testimony was closed at 8:05 p.m. The Public Hearing was closed at 8:05 p.m. It was m/s/c to recommend adoption of the code amendment to allow additional expansion of nonconforming residential uses in non- residential zones beyond that already allowed under FWCC Section 22-338. PUBLIC HEARING – Expansion of Nonconforming Residential Structures The Public Hearing was opened at 8:15 p.m. Mr. Graves gave the staff report. Under current code, a property owner must comply with all current development regulations if they want to expand the gross floor area on a nonconforming single-family structure that is in a single-family zone. As stated in the staff report, “…a property owner whose house in nonconforming as to the front setback is precluded from adding on to the rear of the house unless the existing nonconformity is corrected.” This amendment would allow the homeowner to add to the rear of the house, so long as the nonconformance is not increased. There was no public testimony and little Commission discussion. The Public Hearing was closed at 8:20 p.m. It was m/s/c to adopt the staff recommendation to approve the proposed code amendment related to nonconforming residential structures (FWCC Section 22-334), to afford property owners the maximum flexibility in the upkeep and renovation of their property, so long as the extent of any nonconformity is not increased or expanded. ADDITIONAL BUSINESS None. AUDIENCE COMMENT None. ADJOURN The meeting was adjourned at 8:21 p.m.