05-1061620
`CITY OF
Federal
December 20, 2005
0
CITY HALL
33325 8th Avenue South • PO Box 9718
Way Federal Way, WA 98063 -9718
(253) 835 -7000
www cityoffederal wa y. com
Mr. James D. Burbidge
Ms. Jeanne A. Burbidge
2824 SW 300`h Place
Federal Way, WA 98023 -2325
Re: Inquiry #05- 106162- 00 -AD; Request for Land Surface Modification Waiver
Lot 4, Lakota Addition; Parcel Number 416660 - 0235 -06
Dear Mr. and Ms. Burbidge:
<"^a+
The following is in response to your December 2, 2005, letter. In the letter, you request a waiver
from the city's land surface modification ( "LSM ") provisions to place approximately 100 cubic
yards of fill dirt on the above referenced vacant lot.
LSM is defined by the Federal Way City Code ( "FWCC ") as clearing or removal of vegetation
and all grading, excavation and filling activities. Therefore, the proposed work you describe is
classified as a LSM. LSM activity is regulated by FWCC Chapter 22, Article XIII, Division 7.
This article classifies two types of LSM activities. First, Section 22 -1093 outlines 13 types of
LSM activities that are permitted outright. Second, Section 22 -1094 then provides a process for
applicants to request LSM approval if not otherwise permitted outright by Section 22 -1093.
Beyond these types of activities, there is no other LSM exemption or waiver process provided by
city code.
I have reviewed your proposal against the 13 LSM activities permitted outright under Section 22-
1093. Unfortunately, I do not see that the proposal matches up with any of the activities permitted
outright under this section. I understand Kathy McClung spoke to you on December 19t' to clarify
that the existing well isn't considered an active use to permit the proposed fill. Absent ability in
city code to exempt or waive the LSM provisions that you have requested; your request can then
only be considered under the process outlined in Section 22 -1094.
As you apparently already know, the process outlined under Section 22 -1094 (requiring use
process III review) is both lengthy and costly in relation to the minimal nature of your proposal. It
is likely that the cost and time involved in this process would far outweigh the value of the
available fill material. It is also likely that a proposal of this nature would not meet the stipulated
decisional criteria, which require extenuating circumstances to allow grading and filling in
advance of a development proposal.
File #05- 106162 -00 -AD Doc. -I.D. 34333
1�1
James D. Burbidge
Jeanne A. Burbidge
Page 2
December 20, 2005
I am sorry I don't have better news for you. LSM provisions in city code are written to address
more extreme cases of site grading. Unfortunately, there is no exemption or waiver of your type
of minimal activity. Under these circumstances, you are essentially constrained to wait to fill and
grade the property until a home is constructed.
If you have any further questions about your proposal, please contact me in person at
greL. fewins@cityoffederalway.com, or 253- 835 -2611.
Sincerely,
,6� �6�
Greg Fewins
Deputy Director of Community
Development Services
File N05- 106162 -00 -AD Doc. I. D. 34333
Dr. James D. & Jeanne A. Burbir- ,iiar-,
2824 SW 300'k Pl.
Federal Way, WA 98023
Ph. (253) 8384018 DEC 0 2 2005
Fax (253) 952 -6815
jimburNdge@comcaa.nea CITY OF FEDERAL WAY
BUILDING DEPT.
December 2, 2005
Mr. Greg Fewins
Deputy Director
Department of Community Development Services
City of Federal Way
33325 -9' Ave. S.
Federal Way, WA 99063 -9718
RE: Request for waiver of Land Surface Modification Permit
Lot 4, Lakota Addition
Tax # 416660 - 0234 -06
oa3S
Dear Mr. Fewins,
We respectfully request a waiver of the issuance of a Land Surface Modification Permit
Lot 4, Lakota Addition in the Lakota Beach area of Federal Way, WA. The approximate
address would be 2821 SW 300P Place, Federal Way, WA, 98023. The purpose of the
waiver is to allow the placement of approximately 100 yards of quality fill dirt on the lot.
The circumstances are as follows:
1. The lot is undeveloped, containing trees towards the back of the lot and heavy
underbrush including numerous blackberry bushes on the front. A private well
exists on the front side of the lot. It will be unaffected by the added fill. Thirty
yards of fill dirt from a nearby construction site was placed on the front of the lot
without a permit (no permit needed, as the amount was under 50 yards) about one
month ago.
2. Lakehaven Sewer district is installing a sewer system in the Lakota Beach area.
The contractor for this project approached us with the offer of quality, clean fill
dirt from the immediate area if it could be utilized.
3. We have no plans to develop the lot in the near future, but it would be logical to
assume a single - family residence will be built on the lot sometime in the next ten
years. We were advised that gravel and dirt were taken from this property many
years ago to augment the nearby waterfront lots, and this lot is significantly lower
than the lot to the immediate east of it. Replacement fill dirt will be needed when
a home is eventually built on the lot.
Waiver Request
Dr. and Mrs. James D. Burbidge Page 2 of 2
4. If this waiver is granted, it will be necessary to bring in equipment of some type
to facilitate the placement of the fill. Any significant trees on the property will be
left alone. The use of such equipment will have no adverse effect upon the
property or the adjacent properties.
5. The adjacent property owners have no objection to the fill being placed.
6. There is no adverse environmental impact to the property or to the adjoining
properties. In fact, the opposite is true - -it should have a positive impact, and the
esthetic improvement will also be noticeable. There are no wetlands on the
property.
7. Necessary building permits will be requested when the time comes to build on the
lot.
8. The fill dirt is immediately available and must be taken care of soon. Full
compliance with a Land Surface Modification permit and the estimated three -
month time frame will mean it will most likely no Longer be available. As it is
from the local area, it is compatible with the soils in the region. In addition, the
fee involved for the Land Surface Modification permit would be an unnecessary
hardship, as no immediate development is planned. The size of the lot
(approximately 19,400 square feet) and the amount of the fill to be used make the
need for the Land Surface Modification permit of minimal significance, especially
when the lot will have to meet all requirements at the time of any future
construction.
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Fnclas you will f4ad -a S,a^o�� �nete invnl��r�rl in the cvai��or'aon�, Please contact
b
me if you have any questions or concerns. As the contractor will soon be done with his
project, time is of the essence. Thank you for your consideration.
Yours truly,
James D. Burbidge
Jeanne A. Burbidge