2021-11-08 - Notice of Appeal1
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DEPT. OF COMMUNITY DEVELOPMENT SERVICES,
CITY OF FEDERAL WAY
D 0@29V2
NOV 0 8
2021
City Clerk's Office
Cit of Federal Way
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
IN AND FOR THE COUNTY OF KING
DAVID LEELAND MANN,
Appellant,
V.
CITY OF FEDERAL WAY,
Respondent.
NO.
NOTICE OF APPEAL
INTRODUCTION AND ARGUMENT
Appellant David L. Mann (hereinafter "the Aggrieved" or sometimes "Appellant"),
respectfully appeals, pursuant Federal Way Revised Code ("FWRC") 19.50.060, the code
interpretation issued by Respondent City of Federal Way ("City") under FWRC Title 19 et seq.,
in response to the Aggrieved's formal objection to an immediately adjacent property owner's
attached, Accessory Dwelling Unit ("ADU").
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Appellant hereby moves the governing administrative body or administrative law judge
to immediately strike the language improperly added to the code and enforce the ordinance in
accord with the intent and spirit of the law.
The implications of the City's stark dereliction of duty and failure to protect its citizens
from unchecked growth are profound and far-reaching: The density that will invariably result
from that interpretation will cause irrecoverable and deleterious changes to our City.
In direct repudiation of the Aggrieved's legitimate protestations against violations of the
local ordinance and Appellant's attached, formal objection to the immediately adjacent property
owners' unlawful application for a "Legal Nonconforming ADU Permit", Respondent City Of
Federal Way has elected to improperly interpret FWRC code provisions governing attached
ADUs so as to effectively indemnify the City outright, and ensure that its bureaucrats and agents
have cause to deny any accountability whatever for the enforcement of the code at issue, to the
detriment of the property rights of its own citizens, with whose protection the City of Federal
Way has been charged under the plain language of that ordinance.
Respondent's improper and defiant attempt to insert into the statutory framework
language not contemplated by the drafters of the ordinance results in an abrogation of the City's
responsibility to the citizenry is squarely opposed to and in direct contravention of. 1) The plain
language of the code; and 2) The spirit and purpose of the drafters— who intentionally included
language requiring off-street parking for any ADU
very same density problem at issue here.
with the express purpose of addressing the
With the arrival of the light rail, the seemingly endless nature of the COVID-19
pandemic, and the larger, continuing homelessness issues facing Federal Way and all of Western
Washington, we stand at a pivotal crossroads in the history of our fair City: By ignoring
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unchecked growth, the City has turned its back on its own citizens and invited landlords to
convert single family residences into de facto multi -family apartment complexes without
limitation. In doing so, the City willfully encroaches on the peaceful enjoyment and quiet
solitude of its citizenry— recognized property rights— the access to which have been justifiably
relied upon by the residents of Federal Way since the time of the ordinance's inception.
IMPACT ON APPELLANT
The Aggrieved is an owner of a small beach cottage commonly known as 302 S.W. 292nd
St., Federal Way, in a row of what were orignally 11 small homes on 25ft.-wide lots,
affectionately referred to by its multi -generational residents as "Puyallup Row", since the time of
the Great Depression and beyond. The reason for this name is that the original settlers of those
little beach houses were families that came from Puyallup, Washington.
At the time of the construction of those cottages, as the turn of the last century, there was
no road to access S.W. 292nd St. behind the houses— those beach cottages were only accessible
from the water side, and were used exclusively in the summer.
There is to this day no driveway or any off-street parking to access the Aggrieved's
residence, and for other homes along "Puyallup Row".
Needless to say, that dead-end part of S.W. 292nd St. is heavily burdened with vehicles
for the respective residents and their guests year-round who need access. There is no other public
street parking for at least a quarter -mile in any direction.
The owners of the property directly adjacent to the east of the Aggrieved's purchased that
property in late 2016, and immediately began converting the unfinished basement of that beach
house into a "mother-in-law" style, attached ADU. At that time, it was entirely unpermitted, and
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would have remained so had the undersigned not filed an objection with attachments to that
unlawful ADU, attached hereto for the consideration of the Department of Community
Development Services and any Administrative Law Judge.
The specific regulation with which the owners of 300 SW 292nd St. (Application
reference number 20-102070) are out of compliance is on page two of the attached
informational document, in a subsection entitled "How Do I Create A Legal ADU?", which reads
as follows:
"Primary dwelling units with an ADU must have a minimum of three off-street parking spaces
located a minimum of five feet from the side and rear property lines. "
The applicants/owners of that property are in violation of the ordinance in the following
respects:
1. They do not have exclusive use of the "spaces" under the plain language of the
regulation;
2. The "spaces" to which said applicants/owners have access are not a minimum of five
feet from the ingress/egress grantors immediately to their east; and
3. The ingress/egress allowance is limited to two "spaces" for reciprocal parking.
In addition, the current tenants occupying the unlawful ADU have at least three vehicles
that they park on that dead-end of S.W. 292nd St. which comprises the entire available parking
for the residences without a driveway or other off-street parking.
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Further, in recent months the owners of that property to the east of the Aggrieved's
property have begun advertising on a "travelling nurse" website, in hopes of finding a second
individual or couple with whom to share their house.
It is the Aggrieved's position that the code interpretation set forth by the City eviscerates
the parking requirements contemplated by the drafters in the legislative body, and allows a
landlord of any larger, single-family residence to create a veritable apartment building with
impunity, with no consideration of parking or due process afforded to those residents who are
affected.
The disregard exhibited by the City for the rights of its citizens and the failure to protect
them against unchecked density only serves to encourage profiteering and the ongoing, egregious
manipulation of the rules governing multi -family housing.
SIGNED THIS 8TH DAY OF NOVEMBER, 2021, ON REDONDO BEACH, KING
COUNTY.
I remain, Very Truly Yours,
David L. Mann, Esq.
Citizen and Property Owner
302 SW 292"d St.
Federal Way, WA. 98023
iGmail mail David Mann; ,rnann.dI@grnai1.com,>
Fwd: FW: OBJECTION TO ADU APPLICATION - 300 SW 292nd St., 98023
1 message
David L. Mann <mann.dl@gmail.com>
To: Jim.Ferrell@cityoffederalway.com
Please see our original objection, below.
Thanks,
David Mann
---------- Forwarded message ---------
From: David L. Mann <mann.dl@gmail.com>
Date: Wed, Sep 22, 2021 at 12:15 PM
Subject: Fwd: FW: OBJECTION TO ADU APPLICATION - 300 SW 292nd St., 98023
To: Kent van Alstyne <Kent.VanAlstyne@cityoffederalway.com>
---------- Forwarded message ---------
From: David L. Mann <mann.dl@gmail.com>
Date: Wed, Jul 1, 2020 at 4:46 PM
Subject: Re: FW: OBJECTION TO ADU APPLICATION - 300 SW 292nd St., 98023
To: Doc Hansen<Doc.Hansen @cityoffederalway.com>
Cc: Colleen Barrett <m.colleen.barrett@gmail.com>
Mr. Hansen,
Tue, Oct 12, 2021 at 11:00 AM
Thank you for the information. The specific regulation with which the owners of 300 SW 292nd St. (Application reference
number 20-102070) are out of compliance is on page two of the attached informational document as follows:
"Primary dwelling units with an ADU must have a minimum of three off-street parking spaces located a minimum of five
feet from the side and rear property lines."
The property in question has a reciprocal parking agreement with the home directly in an easterly direction, adjacent to
the subject property (sometimes referred to as the "servient estate" or "Easement Grantors"). That easement document is
also attached. The adjacent property owners/ Easement Grantors have granted the subject property owners "reciprocal"
access to "two" parking spaces, by way of that Easement document.
It is perhaps useful to note that the adjacent property owners also have three full-time tenants- each in separate units- all
of who have vehicles that encumber those spaces and others. The owners of the servient estate to the east are ALSO
able to park on the subject property's driveway at will.
MY CONTENTION TO MS. NATALIE KAMIENIECKI or any other Federal Way agent who is reviewing said application is
that the subject property applicants do not satisfy the requirement of having "three off-street parking spaces located a
minimum of five feet" from the property lines for three reasons:
1) The subject property owners/applicants do not have exclusive use of the "spaces", under the plain language of the
regulation;
2) The "spaces" to which said owners/applicants have access are not a minimum of five feet from the adjacent, servient
estate/Easement Grantors' property line directly to the east; and
3) The Easement document merely requires "two" vehicle spaces be permitted for reciprocal parking use.
I am asking that this objection to the application of the ADU to remain confidential, in an attempt to preserve
peaceful future relations with the applicants.
Please let me know if you will require additional information, or if you have any concerns about the above, prior to
forwarding to Ms. Kamieniecki.
Thank you very much, Mr. Hansen.
Sincerely,
David L. Mann
302 SW 292nd St.
Federal Way, WA. 98023
206-355-0806
On Wed, Jul 1, 2020 at 4:05 PM Doc Hansen <Doc.Hansen@cityoffederalway.com> wrote:
Mr. Mann;
You will want to refer to this as 20-102070 in the future. That is the assigned application and will be easy to access in
the future.
Robert "Doc" Hansen
Planning Manager
6 rr M
FederaI Warr
Community Development Department
33325 8th Avenue South
Federal Way, WA 98003-6325
Phone: 253/835-2643
www.cityoffederalway.com
From: David L. Mann <mann.dl@gmail.com>
Sent: Friday, June 26, 2020 1:33 PM
To: Doc Hansen<Doc.Hansen@cityoffederalway.com>
Cc: Permit Center<Perm itCenter@cityoffed eralway. co m>
Subject: Re: FW: OBJECTION TO ADU APPLICATION - 300 SW 292nd St., 98023
[EXTERNAL EMAIL WARNING]
This email originated from outside of the City of Federal Way and may not be trustworthy. Please use caution when
clicking links, opening attachments, or replying to requests for information. If you have any doubts about the validity
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Mr. Hansen:
This note is to ensure that your planning dept. also consider the fact of our recent vandalized, collective mailbox for the
houses sharing access by way of the Dead End of SW 292nd St., and its new proposed location: not at the top of the
dead end, where access is easiest for the letter carriers (it has been there for the last 40+ years), but rather down the
Dead End further still, such that a full parking spot will effectively be rendered unusable to allow for USPS access.
The parking in that dead end is already limited in the extreme, with several houses lacking a driveway of their own (the
subject property, and our house are both included in that category). This is the reason for my concerns as to any ADU
variance being granted to my neighbor at 300 SW 292nd St.
That property was never intended to have a rental unit unnaturally imposed upon it, and the rest of us have relied on
that fact. Any change to the status quo is to the collective detriment, and will be resisted vigorously.
Thank you for your time in reading this additional concern.
Sincerely,
David Mann
206-355-0806
On Thu, Jun 4, 2020 at 10:41 AM Doc Hansen<Doc.Hansen@cityoffederalway.com> wrote:
Mr. Mann;
I wish to clear up a few things regarding your concerns.
First, I assume you are expressing your request to not approve the proposal as it is submitted. We are obligated to
accept an application for review regardless of the characteristics of the site.
Second, please be sure that all of the issues you bring up will be examined by staff before any land use for such
activity or building permit will be approved. Parking, access, and other factors will be taken into account before we
would approve the request, or grant any variance of required standards. Variances to standards are only given if
there exists a unique non -made made condition on the site, such as steep slope. Request for variance to parking
standards because there is not enough parking for existing residences is a man-made condition, and does not meet
the criteria for granting a variance.
That being said, please note that if the applicant meets all of the requirements necessary for approval, we cannot,
nor will we, deny the proposal. From your description of the site and your neighborhood, it appears there may be a
number of things that the applicant will have to mediate before a land use or building permit can be issued. I have
yet to assign this project to a planner, but I will pass your concern to them when I do.
Sincerely
Robert "Doc" Hansen
Planning Manager
A Fe de ra,i Wary
Community Development Department
33325 8th Avenue South
Federal Way, WA 98003-6325
Phone: 253/835-2643
www,cityoffederalway.com
From: Permit Center
Sent: Wednesday, June 3, 2020 10:57 AM
To: Doc Hansen <Doc.Hansen@cityoffederalway.com>
Cc: Permit Center<PermitCenter@cityoffederalway.com>
Subject: FW: OBJECTION TO ADU APPLICATION - 300 SW 292nd St., 98023
Reference 20-102070 which has not yet been assigned.
From: David L. Mann [mailto:mann.dl@gmail.com]
Sent: Wednesday, June 03, 2020 8:37 AM
To: Permit Center
Subject: OBJECTION TO ADU APPLICATION - 300 SW 292nd St., 98023
[EXTERNAL EMAIL WARNING]
This email originated from outside of the City of Federal Way and may Dot be trustworthy. Please use caution when
clicking links, opening attachments, or replying to requests for information. If you have any doubts about the
validity of this email please contact IT Help Desk at x2555.
Dear city of Federal Way,
I am the neighbor immediately to the west of the above referenced property, who I understand has made application
for an accessory dwelling unit variance.
would like to challenge their application, as there is insufficient parking in that dead end of Southwest 292nd St.
Several of those houses are over 120 years old, and are without driveways of their own.
My home, at 302 SW. 292nd St. is one of those forced to park on the street. Furthermore, our neighbor who has
made application for that variance/permit to allow for an accessory dwelling unit, is out of compliance to the extent
that they do not have three parking spaces of their own, but instead utilize parking spaces belong to another house
who has allowed them an ingress/egress.
I have just left a voicemail for you to the same effect, my name is David mann, and I am an owner at the house at
302 SW 292nd St.
Please call at your earliest convenience, and let me know how to go about disputing this application.
David Mann
206-355-0806
David L. Mann
Attorney
Park Chenaur & Associates, Inc., P.S.
2505 S. 320th Street, Ste. 100
Federal Way, WA 98003
Main: (253) 839-9440
Direct: (253) 200-0869
Fax: (253) 839-9485
dave@parkchenaur.com
www.parkchenaur.com
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David L. Mann
Attorney
Park Chenaur & Associates, Inc., P.S.
2505 S. 320th Street, Ste. 100
Federal Way, WA 98003
Main: (253) 839-9440
Direct: (253) 200-0869
Fax: (253) 839-9485
dave@parkchenaur.com
www.parkchenaur.com
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2 attachments
fir 048 ADU Information.pdf
68K
ti 300 SW 292nd Easement.pdf
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Return Address:
Terrance Randall Wilson
Wilson & Neal, PLLC
P_O. Box 158
Kent, WA 98035
(206) 550-3189
20160822000661
LANKTREE LAND EAS 82,00
PAGE-001 OF 010
08/22/2018 11:21
KING COUNTY, WA
Please print or type information WASHINGTON STATE RECORDER'S Cover Sheet (RCW 65.04)
Document Title(s) (or transactions contained therein):
Reciprocal Pedestrian Easement and Reciprocal Access and Parking Easement
Reference Number(s) of Document(s) Assigned or Released:
N/A
Grantor(s):
1. Sherry Sullivan, Trustee of the Sullivan Redondo Beach Property Trust created under the will of
John J. Sullivan
2. Sherry Sullivan, Trustee of the Sullivan Redondo Beach Property Trust created under the Shirlee
Leffler Sullivan Residential Property Trust
3. John D. Dugan
Grantee(s):
1. Sherry Sullivan, Trustee of the Sullivan Redondo Beach Property Trust created under the will of
John J. Sullivan
2. Sherry Sullivan, Trustee of the Sullivan Redondo Beach Property Trust created under the Shiree
Leffler Sullivan Residential Property Trust,
3. John D. Dugan
Legal Description (abbreviated: i.e. lot, block, plat or section, township, range):
A portion of the NE of the NE of 06-21-04
Additional legal is on page 2 of document.
Assessor's Property Tax Parcel/Account Number(s) ❑ Not yet assigned
119600-0230 and 119600-0180
The Auditor/Recorder will rely on the information provided on the form_ The staff will not read the
document to verify the accuracy or completeness of the indexing information provided herein.
EXCISE TAX NOT REQUIRED
King Co. Records Division
U1 Deputy
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RECIPROCAL PEDESTRIAN EASEMENT
AND RECIPROCAL ACCESS AND PARKING EASEMENT
This Reciprocal Pedestrian Easement and Reciprocal Access and Parking Easement are hereby made by
and between Sherry Sullivan, Trustee of the Sullivan Redondo Beach Property Trust created under the
will of John J. Sullivan, as to an undivided 50% interest, and Sherry Sullivan, Trustee of the Sullivan
Redondo Beach Property Trust created under the Shirtee Leffler Sullivan Residential Property Trust, as to
an undivided 50% interest (hereinafter referred to as "Sullivan"); and, John D. Dugan (hereinafter referred
to as "Dugan")
WITNESSETH:
WHEREAS, Sullivan is the legal owner of that certain real property in King. Washington commonly known
as Tax Parcel No. 119600-0230, legally described as follows (hereinafter referred to as the "Sullivan
Property"):
Beginning at the Southeast corner of Block 4, in the Plat of Buenna, according to the plat thereof
recorded in Volume 6 of Plats, page 29, in King County, Washington;
Thence Westerly along the Northerly side of Buenna Avenue 25 feet;
Thence Northerly parallel with Cherry Street in said plat to the shore of Admiralty Inlet;
Thence Easterly 25 feet to the Westelry line of said Cherry Street;
Thence Southerly along said Cherry. Street to the place of beginning;
Together with the vacated North 20 feet of Buenna Avenue adjoining said property;
And together with the following described property:
Beginning at the intersection of the Easterly=dine of Block 4, in the Plat of Buenna, according to
the plat thereof recorded in Volume 6 of Plats, page 29, in King County, Washington, with the
Noriheriy side of Buenna Avenue in said plat; thence Southerly along the extension of said
Easterly line a distance of 20 feet to the Southerly line of the vacated North 20 feet of said
Buenna Avenue;
Thence Easterly along the Easterly extension iof said Southerly line, a distance of 40 feet to the
center line of Cherry Street in said plat;
Thence Northerly along said center line to the shore of Admiralty Inlet;
Thence Westerly along said shore to said Easterly line of said Block 4;
Thence southerly along said Easterly line to the pointpf beginning;
And together with all tide lands fronting said above -described property and all tide lands fronting
the East 25 feet of Block 4 in the Plat of Buenna, according to the plat thereof recorded in
Volume 6 of Plats, page 29, in King County, Washington;.
And together with the following described property:
Beginning at the Southeast comer of Block 4, in the Plat of Buenna, according to the plat thereof
recorded in Volume 6 of flats, page 29, in King County, Washington;
Thence Easterly along the Easterly extension of the Southerly line of said Block 4 a distance of
40 feet to the center line of Cherry Street in said Plat, being the true point of beginning;
Thence Northerly along said center line of Cherry Street in said Plat a distance of 24 feet;
Thence Easterly at right angles from said center line a distance of 10 feet to a point hereinafter
referred to as Point "A";
Thence southerly parallel with said center line a distance of 24 feet;
Thence Westerly at right angles 10 feet to said true point of beginning;
Except therefrom that portion lying Northeasterly of a curve concave northeasterly having a
radius of 5 feet, the center of which is the hereinbefore mentioned Point "A".
AND WHEREAS, Dugan is the legal owner of that certain real property in King, Washington commonly
known as Tax Parcel No. 119600-0160, legally described as follows (hereinafter referred to as the
"Dugan Property"):
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The South 115 feet of Lot 16 and the South 115 feet of the West 20 feet of Lot 15, Block 3, Plat of
Buenna, according to the Plat thereof recorded in Volume 6 of Plats, page 29, records of King
County, Washington;
Also,
The East 40 feet of the abandoned 3rd Avenue adjacent to Blocks 2 and 3 and the related
tidelands;
Except that portion thereof described as follows:
Beginning at the Southeast corner of Block 4 of said Buenna Addition;
Thence Easterly along the Easterly extension of the South line of said Block 4, a distance of
40 feet to the centerline of vacated street and the true point of beginning;
Thence Northerly along said centerline 24 feet,
Thence Easterly at right angles 10 feet to Point "A";
Thence Southerly parallel with said centerline 24 feet;
Thence Westerly at right angles 10 feet to the true point of beginning;
Excepting therefrom that portion lying northeasterly of a curve concave to the Northeast, having a
radius of 5 feet from said Point "A", according to King County Lot Line Adjustment No. 1080052.
Situate in the County of King, State of Washington.
WHEREAS. Sullivan and Dugan ackriiQwledge that these easements are made for and in consideration of
mutual benefits derived andlor other vuivable consideration, receipt and sufficiency of which is hereby
acknowledged by both parties;
NOW, THEREFORE, Sullivan does by thbsap presents grant, bargain, sell, convey, and confirm forever
unto Dugan, and Dugan does by these presents grant, bargain, sell, convey, and conhrm forever unto
Sullivan and their respective heirs, successors, and/or assigns, a pedestrian easement over, through,
across, and upon portions of the Sullivan Property& and the Dugan Property, said portions being legally
described as follows (hereinafter referred to as tha-R,Pedestrian Easement Area").
see easement legal description and graphical depiction,
both attached hereto and by this reference made a part hereof
Sullivan does further by these presents grant, bargain, sell, convey, and confirm forever unto Dugan, and
Dugan does further by these presents grant, bargain, sell, convey, and confirm forever unto Sullivan and
their respective heirs, successors, and/or assigns, an access and parking easement over, through,
across, and upon portions of the Sullivan Property and the. Dugan Property, said portions being legally
described as follows (hereinafter referred to as the "Access and Parking Easement Area"):
see easement legal description and graphical depiction,
both attached hereto and by this reference made a part hereof
TOGETHER WITH the right for the respective parties, without prior institution of suit or proceeding at law,
at times as may be reasonably necessary, to enter upon, over, and along the Pedestrian Easement Area
and the Access and Parking Easement Area and reasonably necessary additional portions of the Sullivan
Property or the Dugan Property from time to time to construct, inspect, repair, alter, modify, replace,
and/or remove the surface of the Pedestrian Easement Area and the Access and Parking Easement
Area.
Either owner who accesses the Sullivan Property or the Dugan Property for the purposes contained
herein shall restore the surface of the Easement Areas and any portion of the Sullivan Property or the
Dugan Property utilized for access to a condition reasonably equivalent to its condition prior to entry.
Each owner shall exercise its best effort not to damage any private improvements within the Sullivan
Property or the Dugan Property, but if damage occurs, the accessing owner shall repair and/or replace
said improvements at its sole expense_
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No obstructions of any kind whatsoever shall be allowed within the Easement Areas that would impede
pedestrian, access, and parking for the purposes herein defined.
The parties covenant to ensure that, as to the portions of parking stalls that are located within the Access
and Parking Easement Area, said portions of parking stalls will at all times contain at least 2 (two)
unobstructed portions of stalls each available to both Sullivan and Dugan respectively as depicted and
described herein.
This Pedestrian Easement and Access and Parking Easement shall be covenants running with the land
forever and shall be binding upon the owners of the Sullivan Property and the Dugan Property and their
respective heirs, successors, and/or assigns. The Sullivan Property and the Dugan Property shall be
held, used, leased, sold, and/or conveyed subject to the terms of this easement and easement
reservation.
It is intended that the rights and obligations created by this Pedestrian Easement and Access and Parking
Easement shall NOT be affected by merger of title and shall therefore NOT automatically terminate or be
extinguished solely by reason of existing or future common ownership of the Sullivan Property and the
Dugan Property.
The parties agree to indemnify, defend, and hold one another, their heirs, successors, and assigns,
harmless from any and all liability associated with the parties', their licensees' or invitees' use, enjoyment,
repair, or maintenance of the Easement Areas.
In any suit or other proceeding brought by any of the parties to this Pedestrian Easement and Access and
Parking Easement, arising out of, or pertaining to, this Pedestrian Easement and Access and Parking
Easement, the substantially prevailing party shall be entitled to recover its reasonable attorneys' fees and
all costs and expenses from the substantially non -prevailing party. In addition to any other relief.
Sherry Sullivan, Trustee of the Sullivan Redondo'Boach
Property Trust created under the will of John J. Sullivan
Signature
By h
Print Marne
its i�foy f,��st_
rtio
fJERNBE}tG
Y PUBLIC TERRI L. T
*ASHINGTON
ION EXPIRES NOTAR'
19.2018 STATE Or "
commissN
JUNE
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JERNBERG
( PUBLIC
JASHINGTON
JN EXPIRES
1% 21M
Sherry Sullivan, Trustee of the Sullivan Redondo Beach
Property Trust created under the Shirlee Leffler Sullivan
Residential Property Trust
By
Printed Name
Its
� oed.0via &-Mc),i�� e44,-\ l(-vgt'
STATE OF WASHINGTON )
ss.
COUNTY OF )
I certify that I know or have satisfactory evidence that Sherry Sullivan is the person who appeared before
me, and said person acknowledged that she signed this instrument, on oath stated that she was autho-
rized to execute the instrument and acknowledged it as the Trustee of Sullivan Redondo Beach
Property TruMd!2MtQg under the will of John J. Sullivan to,.be the free and voluntary act of such party
for the uses and purposes mentioned in the instrument.
Dated N(t r Public in and foc�"e State ofVVas rgton
r f'� f• 1 � ! I �y�t ��-c�- ��
Printed Name +
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16082DO01-F-ESMT-Pedestrian-Access-Parking-2016-08-16
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STATE OF WASHINGTON )
_ 7 ss
COUNTY OF �'� ]
I certify that I know or have satisfactory evidence that Sherry Sulllyan is the person who appeared before
me, and said person acknowledged that she signed this instrument, on oath stated that she was autho-
rized to execute the instrument and acknowledged it as the 'Trustee of Sul lly n RVARrIgg ftggh
Property Frost created tmrtder the _Shlrlee_Le filer SrmillyAn_Residential Property Trust to be the free
and voluntary act of such party for the uses and purposes mentioned in the instrument. TERRI L.
LNOTAR
TE OF
MMISS•
Dated Natary Public in and for t� fate of Was gran JUNE
F
JERNSERG riNaPrinted Name
PUBLIC
ASHINGTON Residing at: "Z t I -�� L m-N EXPIRES Appointment Expires:% 2018
STATE OF WASHINGTON )
] ss
COUNTY OF
I certify that I know or have satisfactory evidence that John D. Dugan is the person who appeared before
me, and said person acknowledged that he signed this instrument and acknowledged it to be his free and
voluntary act for the uses and purposes mentioned In the instrument.
Bated
Notary Pubile
State of Washington
Chen I J Sojak
MY COMMISSION EXPIRES
October 30, 2019
Notaryu c m ington
Printed Name r�
Residing at: W
Appointment Expires: QCTV • '30 . Z.o \ C�
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EXHIBIT "A"
LEGAL DESCRIPTION
RECIPROCAL PEDESTRIAN ACCESS EASEMENT
(AS DEPICTED IN EXHIBIT "B")
THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 6,
TOWNSHIP 21 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY,
WASHINGTON. DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF 3RD AVENUE SOUTHWEST AND SOUTHWEST 292ND
STREET;
THENCE NORTH 01'01'04" EAST, ALONG THE CENTERLINE OF SAID 3RD AVENUE SOUTHWEST,
114.18 FEET TO THE TRUE POINT OF BEGINNING;
THENCE NORTHWEST 88"58'56" WEST, PERPENDICULAR TO SAID CENTERLINE, 5.00 FEET TO A
LINE 5.00 WEST OF AND PARALLEL WITH SAID CENTERLINE;
THENCE NORTH 01"01'04" EAST, ALONG SAID PARAELLEL LINE, 42.25 FEET;
THENCE SOUTH 88"58'56" EAST, 10.00 FEET TO A LINE 5.00 EAST OF AND PARALLEL WITHSAID
CENTERLINE;
THENCE SOUTH 01*01'04" WEST, ALONG SAID PARALLEL LINE, 42.25 FEET;
THENCE NORTH 88`58'56" WEST, 5.00 FEET TO THE TRUE POINT OF BEGINNING.
Project Name: SULLIVAN
August 4, 2016
2231LO02-ACCESS ESMTS.doc
7/1/2020
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EXHIBIT 'B'
i
CONCRETE
WALKWAYF559814
D CHER
SC NO_
pyv%
A L1 r J
L1 N88'58'56 W 5.00'
L2 N01'01'04'E 42.25' / \ DECK I gLpG1� 3
L3 S88'58'56"E 10.00' _
L4 S01'01'04"W 45.25' m
L5 N88'58'56W 5.00' HOUSE
y "
o
N 1
W AA�S,, own Sly 29M ST
412,
C
C L
SCALE.
HORIZONTAL 1 "=40' VERTICAL N/A
LANKTREE
LAND SURVEYNO, INC.
421 'E' STREET NZ
A11 LM. WA 9MM-4005
PAWL- (2W SM-4423
Fuc (233 793-,S,S
wrw�cw
GRAPHIC SCALE
O 20 40 80
1" - 40 FEET
For: JOB NUMBER
SULUVAN & DUGAN 2231
L002. DOC
Title' SHEET
RECIPROCAL PEDESTRIAN
ACCESS EASEMENT 1
711 I2020
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LEGAL DESCRIPTION
RECIPROCAL ACCESS AND PARKING EASEMENT
(AS DEPICTED IN EXHIBIT "C")
That portion of the Northeast quarter of the Northeast quarter of Section 6, Township 21 North, Range 04
East, Willamette Meridian, King County, Washington, more particularly described as follows;
COMMENCING at the intersection of center line of 31d Avenue Southwest and Southwest 292"d Street,
lying within said Northeast quarter;
THENCE North 01'01'04" East, 40.00 feet along the center line of said 31d Avenue Southwest, known as
Cherry Street per the Plat of Buenna, recorded in Volume 6 of plats, page 29, King County, Washington,
to an angle point in the Northerly margin of Right -of -Way of said Southwest 292"d Street and the TRUE
POINT OF BEGINNING;
THENCE South 88"58'56" East, 15.00 feet, along said Northerly margin;
THENCE North 01'01'04" East, 19.00 feet;
THENCE North 88"58'56" West, 5.00 feet 0 a point of tangency;
THENCE Northwesterly along the arc of a curve to the right, having a radius of 5.00 feet, through a
central angle of 90'00'00", and an arc length'of 7.65 feet;
THENCE North 88"58'56" West, 5.00 feet to the Center line of said Cherry Street;
THENCE South 01'01'04" West, 24.00 feet along said center line.
Project Name: SULLIVAN
August 4, 2016
Revised: August 9, 2016
2231LO02-ACCESS ESMTS.doc
7/1/2020
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LINE TABLE
LINE
DIST
BEARING
L1
15.00'
S88'58'56'E
L2
19.00'
N01.01'04"E
L3
5.00'
NW58'56'W
L4
5.00'
N88.58'56 W
L5
24.00'
S01'01'04'W
EXHIBIT "C"
r
A0M1���Y
1N�
VACATED CHERF
STREET SC NO.
559814
AY �1 g0
11gr
DECK
- J-
EASEMENT-�Ll
c�v AREA ;
- - - - - - N01'01'04'E
40.00*
Bw 202ND ST
CURVE TABLE - GRAPHIC SCALE
CURVE DELTA RADIUS LENGTH
C1 90'00'00" 5.00' 7.85' O 20 40 80
I' - 40 FEET
SCALE. F or JOB NUMBER
HORIZONTAL 1"=40' VER77CAL N/A SULLIVAN & DUGAN 2231
LAWTREE L002.DOC
LAN] SURVEYING, INC.
aii s' sirit�r rrE" Title' SHEET
AUDURK PHOHL (2 ;, �, RECIPROCAL ACCESS
f� ''�'"t8 WM AND PARKING EASEMEN 1 �. 1
°scrim 8/09/2016
DEPARTMENT OF COMMUNITY DEVELOPMENT
33325 8`h Avenue South
Federal Way, WA 99003
CITY OF 253-835-2607; Fax 253-835-2609
FederalWay www.citvoffe(leralAsy.com
ACCESSORY DWELLING UNIT (ADU)
WHAT IS AN ACCESSORY DWELLING UNIT (ADU)?
An ADU is a freestanding detached structure, excluding outdoor storage containers and similar
structures used or designed to be used as living facilities, or an attached part of a structure that is
accessory to the main or primary dwelling unit. As established in Federal Way Revised Code
(FWRC) 19.265.020, ADU's are permitted in both Single -Family Residential (RS) and Suburban
Estates (SE) zoning districts. ADU's provide complete independent living facilities exclusively for
one single housekeeping unit, including permanent provisions for living, sleeping, cooking, and
sanitation. There are two types of ADU's:
❖ An Attached ADU is an accessory dwelling unit that has one or more vertical and/or
horizontal walls in common with, or attached to, the primary dwelling unit.
:• A Detached ADU is a freestanding accessory dwelling unit that is not attached or
physically connected to the primary dwelling unit.
HOW DO 1 CREATE A LEGAL ADU?
There are two City permits required to create an ADU:
ACCESSORYDWELLING UNITLAND USEPERMIT. Fill out the Accessory Dwelling Unit (ADU) Land
Use Application and return it to the Department of Community Development with a non-refundable
fee (contact the Permit Center at 253-835-2607, or perniiteenter(t-r..tityoffederalway.com for the fee
amount). Site plan and floor plan drawings should be submitted to meet the requirements of FWRC
19.195.180 and 19.200.180. Staff will review this application to determine if the ADU proposed for
your property is legal.
Once the ADU land use permit has been approved, a signed and notarized Letter ofApplication/Deed
Restriction (see ADU Application) must be provided with a recording fee. The recording fee is paid
to the City, who will in turn pay King County.
BUILDING PERYIIT: New construction, additions, or alterations to create an ADU will require a
building pennit. Building permit fees are based on construction values. Following final approval of
the ADU by the Building Inspector, a Certificate of Occupancy will be provided.
WHAT IS A "LEGAL NONCONFORMING" ADU?
An ADU may be considered legally nonconforming if it meets one of the following:
1) The ADU was covered by a permit on the date of adoption of this code (February 28,
1990), if one was required under applicable law; or
2) No permit was required at the time the ADU was created and the ADU was in
compliance with the applicable law (minimum housing and building code standards) at
that time.
City ADU land use permit fees are not required for legal nonconfonning ADU's if the owner provides
a copy of the pen -nit issued by the county, or provides proof that no pen -nits were required at the time
the ADU was created. Owners of legal nonconforming ADU's must still file a "Deed Restriction" with
King County Records and Elections and provide the City with a legally recorded copy. Once the City
receives a recorded copy, the Certificate of ADU Compliance will be issued to the owner.
Please be advised that a legal nonconforming ADU may have been legal when it was
created, but may not necessarily meet the City's current ADUstandards.
Per FWRC 19.30.140, the legal nonconforming ADU status is lost when one or more of the
following events occur:
(a) Increase in square.footage. The applicant increases the gross floor area of the ADU; or
(b) Abandonment or cessation of occupancy. The subject property containing the ADU is abandoned
for 90 or more consecutive days, or the ADU is not occupied for 180 consecutive days.
When legal nonconforming status is lost, the ADU must be removed or modified to meet City of
Federal Way ADU requirements and receive a land use approval by the Planning Division,
WHAT ARE THE STANDARD ADU REQUIREMENTS?
•:• Primary dwelling units with an ADU must have a minimum of three off-street parking
spaces located a minimum of five feet from the side and rear property lines.
❖ The primary dwelling unit and the ADU cannot exceed the maximum lot coverage
prescribed by the FWRC.
The ADU should be designed so that the appearance remains that of a single-family
residence. ADU's may be accessed through the entrance to the primary dwelling unit or
through an additional side or rear entrance. Only one entrance is allowed on the front of the
primary residence.
•3 The ADU shall have between 300 and 800 square feet of floor area. ADU's must not exceed
40 percent of the square footage of the primary dwelling unit.
ADU's may have up to two bedrooms.
❖ ADU's on septic systems require King County Public Health Department approval with the
ADU land use permit application.
44 The Lakehaven Utility District may require a separate water meter for attached and detached
ADU's. Their approval of the ADU is required with the ADU land use permit application.
Home occupations are not allowed in ADU's.
WHO MAY LIVE IN AN ADU?
No more than one single housekeeping unit may occupy an ADU. A single housekeeping unit is
defined as no more than three unrelated persons, or an unlimited number of individuals who are
related. This definition does not limit the number of residents if the limit prevents the City from
making reasonable accommodations to disabled persons to afford them equal opportunity to use and
enjoy a dwelling, as required by the Fair Housing Amendments Act of 1988.
WHAT IS THE OWNER OCCUPANCY REQUIREMENT?
Owners of primary dwelling units that have an ADU must occupy one of the two dwelling units for
six months in each calendar year. Owner occupancy is pledged with the Letter- of Application and
Deed Restriction, and recorded with King County Records and Elections following ADU land use
permit approval. The goal of owner occupancy is to ensure monitoring and maintenance of both
units by the property owner.
WHAT .HAPPENS WHEN THE HOME WITH AN ACCESSORY DWELLING UNIT IS SOLD?
The new purchaser of a home with a legally established ADU must file a new Deed Restriction
accompanied by a check to cover recording fees. The deed restriction document and fee must be
submitted to the Department of Community Development within 30 days of transfer of ownership if
the new owner intends to continue maintaining the ADU. The City will record this document with
King County Records and Elections. If the new owner chooses not to occupy one of the units, he/she
will have to discontinue use of the ADU and remove features that make it a separate dwelling unit,
such as stove, toilet, or tub.
I HAVE AN EXISTING ADU THAT DOESN'T MEET ALL CITY REQUIREMENTS. WHAT CAN I DO?
You have two options if your ADU was not permitted by King County and does not meet the City
ADU requirements. The elements that make up the separate dwelling unit can be removed, or you
can apply for a variance to the ADU requirements. The Federal Way Hearing Examiner decides
variance requests. The Hearing Examiner conducts a public hearing and decides upon the request
after reviewing the variance criteria. Contact the Permit Center at 253-835-2607, or
per iitegnter a eit!+offe_deralway.co m, for variance processing fees.
WHAT ABOUT PRIVATE COVENANTS THAT MAY PROHIBIT ADU's?
The City of Federal Way does not review nor enforce private Covenants, Conditions, and
Restrictions (CC&R). The applicant is advised to consult property documents for any deed
restrictions.
WHAT ABOUT SCHOOL IMPACT FEES?
Attached or detached ADU's are subject to School impact Fees per Ordinance 96-265. The fees,
assigned to all new residential development projects, are used by the Federal Way School District to
build new schools and improve existing schools. Contact the Permit Center at 253-835-2607, or
perniitceiiter u.citvolTederzlw_ay.c_om, for ADU school impact fees. These must be paid before a
building permit can be issued.
How CAN I OBTAIN ADDITIONAL INFORMATION?
Additional information about ADU's may be obtained from the City of Federal Way Community
Development Department, located in City hall (33325 8 h Avenue South, federal Way, WA 98003-
6325). City Hall is open from 8:00 a.m. to 5:00 p.m., Monday through Friday. Contact the Permit
Center at 253-835-2607, or nermitcenterCii:cityoffederalway.com, for information about the ADU
Land Use Permit Application or Deed Restrictions. Development Specialists are available to guide
you through the building pen -nit process.