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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. �0� 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