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2010-05-03 HEX# 10-003 All ExhibitsExhibit "A" A�k Department of Community Development Services CITY OF 33325 8`h Avenue South Federal WayPO Box 9718 Federal Way, WA 98063-9718 www.citvoffederalway.com NOTICE OF VIOLATION ORDER TO CORRECT VIOLATION Federal Way Revised Code § 1.15.040 The undersigned City of Federal Way Code Enforcement Officer hereby certifies and states that: Violation Location: 30808 28TH Avenue South Case #: 08-101739-00-VO Parcel Number: 092104 9138 Owners Name: Roy A. Swain Address: 510 SW 326t" Street City/State/Zip: Federal Way, WA 98023 Background: The business Earthtech LLC is being operated from the RS 7.2 residentially zoned property. A code enforcement case was opened in April of 2008, for a home occupation with numerous vehicles, an eight foot fence around the property and a retaining wall built without permits. The retaining wall and fence were brought into compliance. A warning letter was sent to Roy Swain dated June 2, 2008. A civil infraction citation was issued to Roy Swain on 9-24-2008, for the business violating the zoning code and for outdoor storage violations. The citation was dismissed by the court. The business activity after the citation was issued was reduced including a portion of the storage and vehicles being relocated offsite. Mr. Swain continued to develop the property to accommodate the landscape business by installing a continuous solid fence around the perimeter of the property and a solid gate across the driveway. The new fence blocks the previous exit at the back of the property. The driveway in front of the gate was paved and the entire back lot was filled to the top of the retaining wall and gravel surfacing installed. A City of Federal Way Business Registration was submitted on October 6, 2008. The business registration was put on hold due to zoning violations at the subject property. The subject property is in violation of Federal Way Revised Code (FWRC), FWRC Chapter.19 FWRC 19.125.160, "Structures and Improvements." Specifically: Six small storage sheds have been placed directly adjacent to the property line fence and within the five foot required yard setback. Regardless of the home occupation, the placement of detached storage sheds on a property that is zoned RS 7.2, a high density residential use that encroaches into the five foot wide required side yard setback is a violation of the FWRC 19.125.160, "Structures and Improvements." Per FWRC 19.125.160 (9), only low and medium density zones can have storage sheds in the setback and only after process III land use approval. Case #08-I01739-00-VO Doc. I.D. 52617 FWRC Chapter:19 FWRC 19.270.030, "Home Occupations," and FWRC 19.270.050, "Accessory Structures." Specifically: An early AM inspection on 12-28-09 revealed five fully outfitted landscape trucks with the engines running and employees staging to leave for the day's work. The blinds were open in the mobile home residence showing the receptionist sitting at her desk. Four additional vehicles were parked in the driveways in front of the house. A commercial box van type truck was parked in the rear yard behind the house as seen above the fence. A row of shovel heads was visible above the fence. A site inspection on 3-12-10, revealed a commercial box van type truck, five fully outfitted landscape trucks, and two additional white pickups without equipment in them parked in the rear yard. A pickup and a car were parked in the front driveway areas. Rows of shovels and backpack type sprayer equipment were hung up and visible above the fence. The entire yard from the front of the mobile home to the back yard fence has been completely stripped of vegetation and what is not covered by buildings has a gravel surface. The last two inspections were as viewed from the right-of-way or through gaps in the fence. Roy Swain has refused to speak to me, discuss the case, or allow a re -inspection of the property. A review of the business registration application that was submitted dated10-6-08 revealed the business listed as a home occupation. The business as listed on the application and as observed during site visits is in violation of the FWRC 19.270.030 due to the following: • Business not being conducted exclusively by a family member who resides in the dwelling unit. Per the business registration Roy Swain the property owner and business owner lives at 510 SW 3261h Street, Federal Way. Employees including the landscape workers and the office staff come and go from the property on a daily basis during the regular work week. Per the business registration, Earthtech is large enough to employ 21 full time and five part time employees. The mobile home residence has been converted to a business office, for the landscape business. • The conduct of the business includes outdoor storage and parking of fully equipped landscape vehicles. Tools including shovels and backpack type sprayers are being stored outside by being hung from the side yard fence. • Business related activity includes employees coming early in the morning, starting the trucks and leaving for the day's work and coming back at the end of the day. Daily traffic includes Roy Swain himself, the office staff, field crews and other vehicles that have been observed parking in the front driveway and behind the building. Since the property is no longer being used for residential purposes, the vehicle activity must be for the business. The amount of noise and traffic, (more than four persons per day) associated with the business exceeds the amount that is allowed with home occupations in residential zones. • The site inspection on 9-12-2008 revealed the basement garage and the small storage sheds being used for storage of sprinkler parts and equipment for the landscape business. The basement garage is 720 sq feet and the six storage sheds are approx 1 OX 12 or 120 sq feet in area each. The accessory storage for the business may exceed the maximum of 1,000 sq feet in area in violation of FWRC 19.270.050. In addition to the use of the sheds, the placement on the property is in violation of the required yard setbacks as listed above. Case 908-101739-00-VO 2 Doc. I.D. 52617 FWRC Chapter:19 FWRC 19.130.250, "Parking and storage of commercial vehicles in residential zones limited." Specifically: A commercial box van license # B23071K, has been parked and stored in the rear yard and is visible above the fence. Corrective Action required: Compliance Date: You must return the principal use of the property to be residential in nature. Cease conducting the home occupation business (Earth tech) in such a manner that it is in 30 days from the violation of the home occupation standards in the FWRC. You must cease having date of this letter employees that are not resident family members coming to the residence. You must remove the storage of vehicles, equipment, tools, and debris associated with the business from being stored in the yard areas. You must limit the number of persons per day coming to the residence for goods and services to 4. You must limit the use associated with the business in accessory buildings to be no more than 1,000 sq feet. Compliance Date: You must relocate all of the detached storage sheds from encroaching into the five 30 days from the foot required side or rear property lines. date if this letter Compliance Date: You must cease parking commercial vehicles on the residentially zoned property, except as allowed by code. 30 days from the date of this letter Compliance Date: If the business Earth tech Industries is to remain on the property or in the city limits of Federal Way, you must update your Federal Way Business Registration Prior to close of the application to reflect the current business conditions and pay the appropriate fees code enforcement to have the registration be approved and active. case Prior to close of the Code Enforcement case you must show compliance by inspection of the site, corrected business registration and business listing changed to reflect the conduct of the business in the City of Federal Way. Prior Notice(s) issued on the following dates: Issue Date Civil Infraction issued 9-24-2008-dismissed by the court Issue Date A MONETARY PENALTY IS ASSESSED AGAINST YOU FOR EACH AND EVERY DAY, OR PORTION THEREOF DURING WHICH THE VIOLATION CONTINUES BEYOND THE DATE AND TIME ESTABLISHED FOR CORRECTION. THE AMOUNT OF THE PENALTY PER DAY, OR PORTION THEREOF FOR EACH DAY THE VIOLATION CONTINUES BEYOND THE DATE OF THIS NOTICE ACCRUES AT THE FOLLOWING RATE: Case 908-101739-00-VO 3 Doc. I.D. 52617 Xxx First violation: Second violation: Third violation: Fourth or greater violation: $100.00 per day or portion thereof $200.00 per day or portion thereof $300.00 per day or portion thereof $500.00 per day or portion thereof Penalties cease to accrue only when the violation is corrected and the issuing enforcement officer has certified compliance. You must call for an inspection to verify compliance and cease accrual of monetary penalties. Recipient Options per FWRC: 1 _ Bring the property into Compliance 2. Enter into Voluntary Correction Agreement with the City per FWRC 1,15.050. 3. A person may, within fourteen calendar days of receipt of this notice, file with the City Clerk a written notice of appeal as outlined in FWRC Section 1,15.060. Failure to appeal this Violation Notice and Order shall constitute a waiver of all rights to any additional administrative hearings. Failure to respond may result in the matter being forwarded to the City Attorney for further action. I CERTIFY UNDER PENALTY OF PURJITRY UNDER THE LAWS OF THE STATE OF WASHINGTON THAT ALL STATEMENTS MADE HERIN ARE TRUE AND ACCURATE; ANY OR ALL PHOTOS ARE A CLEAR AND ACCURATE REPRESENTATION OF WHAT I SAW. Signed: Today's date: March 30, 2010 Name: Cynt a Keirsey, C.C.E. Phone: 253-835-2631 Title: Code Enforcement Officer Email:cynthia.keirsey@cityoffederalway.com Case #08-101739-00-VO 4 Doc. I.D. 52617 Federal Way City Code 19.125.160 Structures and improvements. No improvement car structure nia_y be in a required yard except as follows: (1) A driveway and/or parking area subject to the standards of FWRC 19.130.240. (2) Any improvement or structure, other than a driveway and/or parking area, that is not more than four inches above finished grade may be anywhere in a required setback yard. (3) An improvement or structure that is not more than 18 inches above finished grade may extend not more than five feet into a required yard. (4) Chimneys, bay windows, greenhouse windows, eaves, awnings and similar elements of a structure that customarily extend beyond the exterior walls of a structure may extend up to 18 inches into any required yard. The total horizontal dimension of the elements that extend into a required yard, excluding eaves, may not exceed 25 percent of the length of the facade of the structure from which the elements extend. (5) Fences and railings not over six feet in height may be located in required yards subject to the fence regulations contained within this chapter. (6) Rockeries and retaining walls may be located in required yards if. (a) The rockery or retaining wall is not being used as a direct structural support for a major improvement; (b) The rockery or retaining wall is reasonably necessary to provide support to a cut, fill, or slope; and (c) The rockery or retaining wall also meets the requirements of FWRC 19.120.120 et seq. (7) Signs may be located in required yards subject to provisions of Chapter 19.140 FWRC. (8) Covered walkways, no more than eight feet wide and 10 feet above finished grade and open along the sides, are permitted in required yards in commercial, office and industrial zones. (9) In low and medium density residential zones, the applicant may, through process I1I, request approval to locate a storage shed in a required yard, except a required front yard. The city may approve the application if: (a) The proposed structure is no more than eight feet high above finished grade; (b) The maximum length of the facade of the proposed structure parallel to each property line, from which the required yard is not provided, shall not exceed 10 feet; (c) The proposed structure contains no more than 120 square feet in total area; (d) No reasonable alternative location exists on the subject property due to special circumstances regarding the size, shape, topography or location of the subject property or the location for legally constructed pre-existing improvements of the subject property; and (e) Permitting the intrusion onto the required yard will not create a material, negative impact on the character of nearby residential uses. (10) Construction -related outdoor storage containers may be temporarily placed in the required front yard of a single-family residential lot if approved under FWRC 19.275.110, and portable moving containers may be temporarily placed in the required front yard of any lot if approved under FWRC 19.275.120. 19.130.250 Parking and storage of commercial vehicles in residential zones limited. Parking or storage of commercial vehicle, is prohibited on residentially zoned lots except as follows: (1) A maximum of one commercial vehicle based on standard pick-up, light duty trucks, or passenger vehicles, that does not exceed a maximum of 10,000 pounds gross vehicle weight rating (GVWR as defined in RCW 46.25.010) may be parked on any residentially zoned lot; (2) A maximum of one commercial vehicle regardless of GVWR may be parked or stored on any lot in a single-family residential zone (RS 35.0) or a suburban estates zone (SE); (3) Commercial vehicles may be parked on any lot in a residential zone for a maximum of 48 hours for the exclusive purpose of loading or unloading the vehicle; Case 908-101739-00-VO J Doe. I.D. 52617 (4) Commercial vehicles may be parked on any lot in a residential zone for construction purposes pursuant to a valid development permit; (5) A maximum of one commercial vehicle not more than nine feet in height and 22 feet in length may be parked on any lot if used for private construction purposes and when it is not visible from a right-of- way or access easement and not parked in the driveway; (6) Parking or storage as allowed by FWRC 19.130.270. Except for commercial vehicles used for loading and unloading purposes and commercial vehicles for construction purposes with a valid development permit, no more than one commercial vehicle is allowed per lot. 19.270.020 Purpose. (Home Occupations) The purpose of this chapter is to allow commercial occupations incidental to residential uses to be located in residences while providing protection to all residents from excessive noise, excessive traffic, nuisance, fire hazard and other possible effects of commercial uses being conducted in residential areas. 19.270.030 Class I home occupation. (1) A Class I home occupation is permitted if it meets all of the following requirements: (a) It is carried on exclusively by a family member who resides in the dwelling unit; (b) It has no outside storage, exterior indication or outside activity; (c) It uses no heavy equipment, power tools or power sources not common to a residence; (d) It has no pickup or delivery by commercial vehicles; (e) It does not include more than four persons per day coming to the subject property for goods or services; (f) It creates no noise, dust, glare, vibration, odor, smoke or other impact adverse to a residential area. (2) A Class I home occupation which does not meet the requirements of subsection (1) of this section may be approved using process III, if: (a) It will not harm the character of the surrounding neighborhood; (b) It will not include outdoor storage and/or operation of building materials, machinery, commercial vehicles or tools, that will be visible or audible from or have an effect on other properties; (c) It does not create a condition which injures or endangers the comfort, repose, health or safety of persons. 19.270.050 Accessory Structures Structures, other than the dwelling unit, used to house or sLipporr iIic home occupation may not exceed 1,000 square feet in area. Case #08-101739-00-VO 6 Doe, I.D. 52617 DECLARATION OF PERSONAL SERVICE Roy Swain, Earthtech Industries LLC File 08-101739-00-VO I, Cynthia Keirsey , declare and,state as follows: 1. I am a resident of the State of Washington, over the age of eighteen years, not a party to this action, and competent to be a witness herein. 2. On March 30, 2010 at 2:30 PM , I personally served a copy of Notice of Violation — Order to Correct Violation, to the following in the above -entitled matter: Roy Swain 30308 28th Ave South Federal Way, WA. 98003 I declare under penalty of perjury under the law of the State of Washington that the foregoing is true and correct. DATED this 30t1' day of March, 2010 at Federal Way, Washington. CITY OF FEDERAL WAY CODE ENFORCEMNT OFFICER _Cynthia Keirsey Printed Name Exhibit I B" CITY OF Federal Way Zoning Information Vicinity Map This map is Intended for use as a graphical representation only. The City of Federal Way makes 30808 28th Ave S. no warranty to its accuracy. 306.05 0921049244 l 30609 0921049263 092104 0921049264 30617 15 30619 092104924E 921049227 0921049195 0921049211 30623 30625 .r<?O9210491$ 09 30631191 3063 0921049096 30614 RS70-2 0921P49229 0921049180 643 0921049231 0921049183 30641 30645- I 0921049161 30646 (49 88 RS 7.2 0921049230 0921049234 30801 0921049243 0921049222 30815 30809 7984400025 2602 7984400010 7984400020 2628798440000 2612 7984400015 2620 2640' !� )0065 S 309TH ST R S 7.2 7984400030 7984400050' 30903 �I 7984400055, 2627 P 7984400060 2619 2611 7984400035 STEEL LAKE 30911 +� TERRACE 7984400040 II 7984400080i7984400075798440007030915 7984400085 2626 zszs 30922 7984400045 2640 ! 00'120S 310TH ST 7984400090 l` 00 N 0 Subject Site Z Parcels W PFederal Way Zoning Boundary Shoreline Designations - Federal Way Subdivisions Ll.I Tracts/Private Open Space Buildings —!I Streets I l} 0921049138 30808 0921049182 30642 RS 7.2 0921049251 30802 0921049311 2834 92104rRcr S 308TH LN 0921049075 0921049313' 30812 2808 0921049314 2833 0921049312 2840 0921049315 2839 0921 0921049084 30902 0921049329 RS7.2 J ri 0921049239 30922 0921049240 0921049095 :i09JU Zoning Designations: Single Family Residential Zones: 0921049085 0921049115 31004 31000 1 unit/7,200 Sq. Feet Scale- N 0 37.5 75 150 Feet Data Sources: Parcel base data from King County April 2009. Zoning Informatuion from City of Federal Way Map Date: April 2010 City of Federal Way GIS Division P.O.Box 9718 Federal Way, Wa 98063 (P)(253)-835-7000 (W) www.cityoffefderalway.com 049136 Swain10921049138 zoning.mxd CITY OF 2007 Aerial Imagery Photo Date: June 2007 Vicinity Map This map is intended for use as a Federal ay graphical representation only. The City of Federal Way makes 30808 28th Ave S. no warranty to its accuracy. �I'.. >•�r.��' �'xAC ..•� S k�;�,- fit.•,• F�'-,ya�nF �';• `•. .. "� "fir+ �f. y,• . jam' MINN& ,f}•.�r^t rin ,' f. { ,r ``-"'s'. '�'• _ . �; 11.-y[yS J; � .i • t . Y f..• i r ��� ' �: ..:lam_,^"•:i �,• yy f� r �: � i , '�ej}}� f .t a>• v'ra7' '� V' .h �.^ .. .! .. r-vP i, ail �;'1!•'; �i it e:. tt vk• + t rd•,; t"Ys 9 •�i. r' p.- ••l L t1 XY• .!�."! ::rr I r. Legend Subject Site Parcel Boundaries Map Date: January 2010 Data Sources: Parcel base data from City of Federal Way GIS Division Scale: Jam\ King County April 2009. P.O.Box 9718 N Aerial Imagery from Federal Way, Wa 98063 0 37.5 75 150 City of Federal Way (P) (253)-835-7000 Feet (W) www.cityoffefderalway.com R:teriketcMCodeEnfomementlProjects10921049138 Swain10921049138.mxd Exhibit "C" King County Property Description for parcel number 0921049138 Page 1 of 2 ka King County Assessor information for parcel number 0921049138 Taxpayer name MAHLMAN ROBIN Parcel number Mailing address Address(es) at this parcel Legal description 510 SW 326TH ST FEDERAL WAY WA 98023 30808 28TH AVE S 98003 Tax Account number 0921049138 092104913808 Levy code 1205 Jurisdiction FEDERAL WAY Present use Single Family(Res Use/Zone) Appraised value $210,000 PP ACT 39916457 MOBILE HOME LOT 1 KCSP #1085009 TGW UND INT IN TR X AS SHOWN IN KCSP #1085009 & 1085010 REC #8607240744 SD SHORT PLAT DAF S 112 OF S 1/2 OF SW 1/4 OF NE 1/4 OF NE 1/4 LESS N 82.5 FT OF SEC 9-21-4 LESS W 30 FT FOR CO RD LESS ST HWY AS DESC ON KCSP # 475050 REC #7505160522 TGW N 112 OF N 1/2 OF NW 1/4 OF SE 1/4 OF NE 1/4 LESS CO RD LESS ST HWY LESS POR THOF LY SLY & SWLY OF LN DAF - BEG NW COR SD N 1/2 OF N 1/2 OF NW 1/4 OF SE 1/4 OF NE 114 TH E ALG N LN THOF 341.21 FT TO POC & TPOB OF SD LN TH SELY ALG CRV RGT RAID 40 FT ARC DIST 61.91 FT TH S 87-45-04 E TO WILY MGN OF ST HWY & TERMINUS OF SD LN - PER KCLLA #1085008 APPROVED-11-19-85 Sales/Quit Claims/Transfers Sale 04-11-2005 Sale price $186,000 Buyer SWAIN ROY Seller RANDALL LEONARD+BARBARA Excise tax number 2114705 Recording number Instrument Real Estate Contract Sale reason None 20050412001829 01-13-2005 $0 RANDALL LEN+BARBARA OBS 2096229 2005011400.1.038 Quit Claim Deed Partial Int - love,aff,gft 10-18-2004 $0 OBS OBRIEN MICHAEL+ERICA 2077668 2004101900137:; Other - See Affidavit Other 07-17-2003 $200,000 O'BRIEN MICHAEL+ERICKA OBS (AKA OLIVE BRANCH SERVICE) 1979896 20030813000765 Real Estate Contract None 07-15-2003 $0 OLIVE BRANCH SERVICE O B S RANDALL LEONARD+BARBARA 1972648 20030715001285 Quit Claim Deed Partial Int - love, aff, gft Parcel description Property name Plat name Property type R - RESIDENTIAL Plat block Present use Single Family(Res Use/Zone) Plat lot Lot area 23,519 sq. ft. (0.54 acres) Q-S-T-R Residential building descri Building 1 of 1 Year built 1977 Year renovated 0 Stories 1 Building grade 6 - Low Average Condition Good Finished basement NONE OR UNKNOWN NE-9-21-4 Total living sq. ft. 1 st floor sq. ft. Half floor sq. ft. 2nd floor sq. ft. Upper floor sq. ft. Total basement sq. ft. Water system WATER DISTRICT Sewer system_ PRIVATE Access PUBLIC Street surface PAVED 720 Bedrooms 2 Baths 0 720 1/2 baths 0 3/4 baths 1 0 Single story fireplace 1 0 Multi -story fireplace 0 0 Free-standing 0 720 http://www5.kingcounty.gov/KCGISReports/property_report print.aspx?PIN=0921049138 4/23/2010 King County Property Description for parcel number 0921049138 Page 2 of 2 grade fireplace Finished basement sq. 0 Percent brick or stone 0 ft. Daylight basement Basement garage sq. 720 ft. Heat system Floor -Wall Attached garage sq. fit: 0 Heat source Electricity Open porch sq. ft. 0 Enclosed porch sq. ft. 120 Deck sq. ft. 0 Taxable value history Tax year Tax status TAXABLE Taxable value reason Appraised value $77,000 (land) Taxable value 2010 NONE OR UNKNOWN $77,000 (land) + $133,000 (improvements) + $133,000 (improvements) $210,000 (total) $210,000 (total) Related resources King County Assessor: Submit a request to correct_ information in this report King County Assessor: eReal Property Report King County Assessor: Quarter Section Map (PDF format requires Acrobat) King County GIS: Property information FAQ King County GIS: Districts and Development Conditions Report (a detailed report about the location of this property) King County DDES: Pormit Applications R rjort (for unincorporated areas only) King County Treasury Operations: Property Tax Information for this property King County Recorders Office: Excise Tax Affidavits Report King County Recorders Office: - anages of plats, King County Recorders Office: Scanned images of surveys and other map documents. Open.iMAP to this property (requires a high speed Internet connection) Open Parcel Viewer to this property (any connection speed, but less features than MAP) This report was generated on 4/23/2010 2:34:22 PM Contact us at giscenter _ kinacounty .yov. © 2009 King County http://www5.kingcounty.gov/KCGISReports/property_report_print.aspx?PIN=0921049l38 4/23/2010 Exhibit "D" t2.eccl.-'� 10, � t o DImoN STEINACKER PS Attorneys at Law Reply to Tacoma Office 1401 Wells Fargo Plaza 1201 Pacific Avenue Tacoma, WA 98402 Telephone: (253) 572-1000 Facsimile: (253) 572-1300 April 8, 2010 4201 Bank of America Tower 701 Fifth Avenue Seattle, WA 98104 Telephone: (2o6) 621-1110 Facsimile: (253) 572-1300 City Clerk of Federal Way c% Carol McNeilly, City Clerk 33325 8`" Avenue South, 2"d Floor Federal Way, WA 98063 Thomas L. Dickson Kevin T. Steinacker Shane L. Yelish Robert P. Dickson Wendy L. Koch Andrew C. Cratsenberg, Jr. Notice of Appeal NOTICE OF VIOLATION, ORDER TO CORRECT VIOLATION Case No. 08-101739-00-VO Factual Background On April 1, 2010, this office received a Notice of Violation and Order to Correct Violation pursuant to Federal Way Revised Code no. 1.15.040. The general allegation is that Roy Swain, owner of the property in question at 30808 28" Ave. South, is improperly conducting a home business on the parcel. In approaching the various issues that are alleged to be on the property, it is important to bear in mind the larger context in which the property is being utilized. Mr. Swain owns a company called Earthtech, which specializes in landscaping projects and maintenance. It has been able to continue its business in spite of the severe downturn in the local economy which has persisted over the past few years. Earthtech provides gainful employment for dozens of individuals, which includes not only a living wage, but room for advancement within the organization. The use of the property is very subtle, and is in keeping with all of the surrounding properties. There is no heavy equipment in use on the property, nor are there obnoxious or loud noises, smells, or any other bothersome activity present which adversely affects the neighborhood. In fact, the property is entirely enclosed by a wood -slate fence. Code Enforcement Officer Cynthia Keirsey outlined several activities which she claims to be ongoing on the property. Unfortunately, much of her report was either inaccurate, or simply not a Appeal of Notice of Violation and Order to Correct Case No. 08-101739-00-VO April 7, 2010 Page 2 of 4 fair assessment of Mr. Swain's home business. Consequently, Mr. Swain respectfully appeals the entire Notice of Violation and Order to Correct. The following section discusses what specific issues are inaccurate, including specific responses to allegations which are not violations of the code, or in the alternative, are easily remedied. Analysis and Discussion 1. FWRC 19.125.160: Ms. Keirsey alleges that Mr. Swain has several storage sheds within the setbacks of the property. Mr. Swain measured the distances for his sheds, and observed that they were over four (4) feet from the property line, but not quite five (5). Consequently, he has agreed to shift them back one (1) foot in order to come into compliance. 2. FWRC 19.270.0301050: Ms. Keirsey alleges that Mr. Swain was improperly storing items on the outside of the property, and was utilizing the property as business improperly. To justify this claim, she states that she peaked through the slats in the fence and witnessed vehicles parked in the driveway, a secretary sitting in the home, a vehicles parked in other places on the property. The date of these inspections are spread out — one occurring on December 28, 2009, and the other on March 12, 2010. The main code provision cited for this infraction is FWRC 19.270.030. Mr. Swain contests and appeals the following provisions that were allegedly violated: a. FWRC 19.270.030(1)(a): Though Mr. Swain does own other property, he spends the majority of his time at this residence and considers it a home business. The City has not presented any definitive outline or definition of how a "residency" is established. Consequently, Mr. Swain appeals this component of the violation. b. FWRC 19.270.030(1)(d): The violation documents highlight a portion of the code which they state excludes any "pickup or delivery by commercial vehicles". This reference is incomplete. The code actually states that there can be no "pickups or deliveries by commercial vehicles over 26,000 gross vehicle weight...". Put in more common terms, commercial trucks that weigh 26,000 GVWR are trucks which resemble short -box semis. According to the National Truck Equipment Association, a "Class 7" trucks have a GVWR of 26,001 to 33,000 pounds. Ms. Keirsey cites this as an infraction, yet Mr. Swain does not receive nor accept deliveries from vehicles of this nature. In fact, the trucks that are listed as being on the property fall within the acceptable sizes allowed in a residential area, and are coincidentally, considered Class 2 or Class 3 vehicles (as their GVWR are within the 6,000 to 14,000 range). As a result of this oversight, Mr. Swain appeals this portion of the infraction. c. FWRC 19.270.(1)(e): The violation document next alleges that the business has more than the code limit of individuals visiting the property for goods and services. Specifically, the law states that no "more than four persons per day" may come "to the Appeal of Notice of Violation and Order to Correct Case No. 08-101739-00-VO April 7, 2010 Page 3 of 4 subject property for goods or services." Ms. Keirsey's characterization of the visitations by individuals is inaccurate. Not one individual she allegedly witnessed visiting Mr. Swain's property was there to either "purchase goods," or utilize "services" provided on the property. Just the opposite: if individuals were witnessed in or around the property, it was most likely the assembling of employees for purposes that are not related to the residence which houses the business. This code provision is intended to prevent businesses within a residential area from having large influxes of customers traveling to and from a property. The idea is that this might generate higher traffic, parking congestion, and disturb the surrounding properties. Individuals who stop by Mr. Swain's property are not there to obtain goods or services; rather, they are simply stopping there for a short period in order to assemble, or pick up material needed for their projects that day. As admitted in Ms. Keirsey's document, these individuals were there for a short time and left. It was not observed that they were there to purchase a good or utilize a service generated on the property. Given that this code provision was not violated, Mr. Swain appeals this portion of the citation as well. d. FWRC 19.270.(1)09: The violation notice highlights the contention that the use of the property is creating "noise, dust, glare, vibration, odor, smoke, or other impact adverse to a residential area." This statement is made without outlining how such factors have been observed other than simply stating that since other uses (in Ms. Keirsey's opinion) are in violation, it therefore means that the property is not in keeping with the surrounding neighborhood. Under the code, each home -occupancy code requirement carries an individual meaning. This means that each part is self-executing. In other words, the home occupancy requirement may be violated in terms of people coming to the property for goods and services, or by having improper storage outside, but STILL not create any "noise, dust, glare, vibration, odor, smoke, or other adverse impact[s]" to the surrounding neighborhood. In her violation paper work, Ms. Keirsey did not cite any observable disturbances beyond those already discussed in the other alleged code violations (as discussed above). Be that as it may, Mr. Swain's home business is primarily conducted off -site. Therefore, it literally creates no disturbances to the surrounding properties. He does not endeavor any activities which are out of the norm, other than occasionally have people park a few vehicles on the lot. It is telling that the single biggest complaints about his property, is that it appears that a business is being conducted at the home. No reference is made to any other visual or auditory disturbances (such as loud or obnoxious noises, sounds, vibrations, smoke, smell, dust, or glare). As a result, Mr. Swain also objects to this portion of the citation and requests that it be appealed. Conclusion and discussion of FWRC 19.270.030(2) Mr. Swain respectfully appeals the violation in general, and intends to explain in greater detail before a hearing examiner why his business comports with the City's code requirements. Even if his property is found to be in violation of that code provision, Mr. Swain intends to pursue relief through Appeal of Notice of Violation and Order to Correct Case No. 08-101739-00-VO April 7, 2010 Page 4 of 4 FWRC 19.270.030(2). This provision affords home occupations which don't fit perfectly into FWRC 19.270.030(1)'s strict limitations, with an opportunity to seek review and approval through "Process III." Mr. Swain's use of the property as a home business is a perfect candidate for this course of relief as his property as it falls within the rubric established in that code provision — Earthtech (a) does not harm the character of the surrounding neighborhood, (b) will not include outside storage of machinery or commercial vehicles or cause adverse effects to other properties, nor does it (c) endanger the comfort, repose, health, or safety of persons. Sincerely, DICKSON STEINACKER LLP Robert P. Dickson Cc. Client 040810 Swain 8210 DUPLICATE DUPLICATE DUPLICATE DUPLICATE CITY OF FEDERAL WAY CITY HALL MANAGEMENT SERVICES 33325 8TH AVE S FEDERAL WAY WA. 98003 Rey# #/Rcpt#: 001-00079902 L CR Accounting Date: Fri, Apr 9, 2010 Date/Time: Fri, Apr 9, 2010 3:36 PM 8035\PW - DEVELOPMENT REVIEW FEES 101-0000-000-345-81-002 N&O APPEAL EARTH TECH INDUSTRI FEE AMOUNT: $100.00 RECEIPT TOTAL. _ $100 00 Payment Data: Pmt# 1 Payer. EARTH TECH INDUSTRIES LLC Method: CK Ref#: 10609 AMOUNT = $100:00 RECEIPT SUMMARY TOTAL TENDERED r $100.00 RECEIPT TOTAL - $100,00 CHANGE DUE - $0.00 HAVE A NICE DAY! DUPLICATE DUPLICATE DUPLICATE DUPLICATE Exhibit "E" 41k CITY OF Federal Way DATE: 4-15-08 TO: File FROM: Cindy Keirsey MEMORANDUM Community Development Services Department SUBJECT: Pictures taken 4-15-08 SWAIN -HOME OCCUPATION- EARTHTECH (08-101739-00-VO) 30808 28TH AVE S Exhibit "F" CITY OF Federal Way Department of Community Development Services 33325 81h Avenue South * PO Box 9718 Federal Way, WA 98063 253-835-2607 www.cilyoffederalway.com NOTICE OF VIOLATION WARNING 'BOO G>M The undersigned City of Federal Way Code Compliance Officer hereby certifies and states that: Violation Location 30808 28t" Avenue South, Federal Way File: #08-101739-VO Property Owner's Name Roy Swain Address 30808 28th Avenue South City/State/Zip Federal Way, WA 98003 DESCRIPTION OF VIOLATION A site inspection and review of the state business license records revealed, the business (Earthtech) being conducted from the RS 7.2 residentially zoned property. The site inspection on April 1.5, 2008, revealed a new eight (8) foot tall fence and retaining wall built along the side and rear property line. Trucks with Earthtech logo were seen coming and going from the property during the late afternoon inspection. Several apparently inoperable vehicles and a truck with landscape waste and trash in the bed were parked in the rear yard. Vehicles in the front and rear yard were parked outside of a designated driveway or parking pad. The conduct of the Home Occupation, Earthtech, eight foot tall fence, retaining wall, storage of solid waste outside of an approved container, and vehicle parking outside of a designated parking pad or driveway on the property is in violation of the following Federal Way City Code (FWCC): 1) FWCC Section 22-1068, "Class I Home Occupations 2) FWCC Section 22-1135, "Driveways and Parking Areas" 3) FWCC Section 22-1133, "Structures and Improvements" 4) FWCC Section 22-953, "Junk and Junkyards Prohibited" 5) FWCC Section 22-1453, "Surface Materials" 6) 2006International Residential Code, as adopted in FWCC 5-2, Section R105.1 & Section R105.2 ACTION REQUIRED Within five (5) business days from the date of this letter you must: 1) Cease conducting the home occupation business (Earthtech) in such a manner that it is in violation of the home occupation standards in the FWCC. You must cease having employees that are not resident family members coming to the residence. You must remove the storage of equipment, tools, and debris associated with the business being stored in the open yard areas. You must limit the number of persons per day coming to the residence for goods and services to 4. 2) Obtain a City of Federal Way business registration if the business is to continue to be operated from the residence. 3) You must store all solid waste in approved containers and remove it on a weekly basis. 4) You must cease bringing landscape waste and debris from jobsites home. Open pickup beds are not approved containers for solid waste, bagged trash or landscape waste. Doc. I.D. 45527 File #08-101739-VO 5) All vehicles must be parked in a designated driveway or parking pad. Driveways and parking pads must be comparable or superior to the roadway serving the residence and be located at least five (5) feet from the property line. Only the first 40 feet of driveway must be surfaced. 6) All inoperable or unlicensed vehicles must be parked in a completely enclosed building or relocated offsite. Within (30) days: You must reduce the height of the fence to six (6) feet above the pre-existing grade and obtain permits for the retaining wall or remove both of the structures. The zoning code does not allow fences taller than six feet above the adjacent grade in the five (5) foot required yard setbacks. The retaining wall is currently supporting a vehicle surcharge and would require a permit regardless of height. You must either obtain a permit for the retaining wall, or re -configure it to be exempt from a building permit. Issue Date N/A Issue Date N/A A CIVIL INFRACTION CITATION MAY BE ISSUED FOR EACH AND EVERY DAY WHICH THE VIOLATION CONTINUES BEYOND THE DATE AND TIME ESTABLISHED FOR CORRECTION. THE AMOUNT OF THE PENALTY FOR EACH CIVIL INFRACTION SHALL BE AS FOLLOWS: X First violation: $100.00 Second violation: $200.00 Third violation: $300.00 You must call for an inspection to verify compliance and to cease additional legal actions from being taken to gain compliance. For tips on how to bring your property into compliance, please contact the following Code Compliance Officer. Signed: Today's Date: June 2, 2008 Name: Cy hia Keirsey, C. .E. . Phone: 253-835-2631 Title: Code Compliance Officer Email: cynthia.keirsey@cityoffederalway.com Doe. I.D. 45527 2 File k08-101739-VO Federal Way City Code Section 22-1067, "Purpose" The purpose of this division is to allow commercial occupations incidental to residential uses to be located in residences while providing protection to all residents from excessive noise, excessive traffic, nuisance, fire hazard and other possible effects of commercial uses being conducted in residential areas. Section 22-1068, "Class I Home Occupation" (a) A Class I home occupation is permitted if it meets all of the following requirements: (1) It is carried on exclusively by a family member who resides in the dwelling unit; (2) It has no outside storage, exterior indication or outside activity; (3) It uses no heavy equipment, power tools or power sources not common to a residence; (4) It has no pickup or delivery by commercial vehicles; (5) It does not include more than four persons per day corning to the subject property for goods or services; (6) It creates no noise, dust, glare, vibration, odor, smoke or other impact adverse to a residential area. (b) A Class I home occupation which does not meet the requirements of subsection (a) of this section may be approved using process III, if: (1) It will not harm the character of the surrounding neighborhood; (2) It will not include outdoor storage and/or operation of building materials, machinery, commercial vehicles or tools, that will be visible or audible from or have an effect on other properties; (3) It does not create a condition which injures or endangers the comfort, repose, health or safety of persons Section 22-1133, "Structures and Improvements" No improvement or structure may be in a required yard except as follows: (1) A driveway and/or parking area subject to the standards of FWCC 22-1135. (2) Any improvement or structure, other than a driveway and/or parking area, that is not more than four inches above finished grade may be anywhere in a required setback yard. (3) An improvement or structure that is not more than 18 inches above finished grade may extend not more than five feet into a required yard. (4) Chimneys, bay windows, greenhouse windows, eaves, awnings and similar elements of a structure that customarily extend beyond the exterior walls of a structure may extend up to 18 inches into any required yard. The total horizontal dimension of the elements that extend into a required yard, excluding eaves, may not exceed 25 percent of the length of the facade of the structure from which the elements extend. (5) Fences and railings not over six feet in height may be located in required yards subject to the fence regulations contained within this article. (6) Rockeries and retaining walls may be located in required yards if: a. The rockery or retaining wall is not being used as a direct structural support for a major improvement; and b. The rockery or retaining wall is reasonably necessary to provide support to a cut or slope. (7) Signs may be located in required yards subject to provisions of FWCC 22-1596 et seq. (8) Covered walkways, no more than eight feet wide and 10 feet above finished grade and open along the sides, are permitted in required yards in commercial, industrial -commercial, and office zones. (9) In low and medium density residential zones, the applicant may, through process III, request approval to locate a storage shed in a required yard, except a required front yard. The city may approve the application if: a. The proposed structure is no more than eight feet high above finished grade; Doc. I.D. 45527 3 File N08-101739-VO b. The maximum length of the facade of the proposed structure parallel to each property line, from which the required yard is not provided, shall not exceed 10 feet; c. The proposed structure contains no more than 120 square feet in total area; d. No reasonable alternative location exists on the subject property due to special circumstances regarding the size, shape, topography or location of the subject property or the location for legally constructed pre-existing improvements of the subject property; and e. Permitting the intrusion onto the required yard will not create a material, negative impact on the character of nearby residential uses. Section 22-1135, "Driveways and Parking Areas" Vehicles may not be parked in required yards except as follows: (1) Detached dwelling units. The regulations of this section apply to driveways and parking areas for detached dwelling units. a. Generally. Vehicles may be parked in the required front and rear yards only if parked on a driveway and/or parking pad, except as specified in subsection (1)(b) of this section. A driveway and/or parking pad, in a required front yard, may not exceed 20 feet in width and may not be closer than five feet to any side property line. b. Exception. A driveway and/or parking pad in a required front yard may exceed 20 feet in width if: 1. It serves a three -car garage; 2. The subject property is at least 60 feet in width; and 3. The garage is located no more than 40 feet from the front property line. In addition, a driveway may flare at the front property line to a maximum width of 30 feet. (2) Attached and stacked dwelling units in residential zones. The regulation of this subsection apply to driveways and parking areas for stacked and townhouse (attached) dwelling units in residential zones. a. Parking areas may not be located in required yards. b. Driveways must be set back at least five feet from each property line, except the portion of any driveway which crosses a required yard to connect with an adjacent street. (3) Other uses. Parking areas and driveways for uses other than those specified in subsections (1)(a) and (2) of this section may be located within required setback yards. (4) Shared parking. If parking serves two adjacent uses, the parking area may be anywhere in the required yard between those uses. (5) Zero lot line townhouse dwelling units and lots in small lot detached development. Parking areas and driveways for these uses may utilize shared parking and park in required yards as specified in FWCC 22-664, Section 22-1453, "Surface Materials" (a) The applicant shall surface the parking areas, driveways and other vehicular circulation areas with a material comparable or superior to the surface material of the right-of-way providing direct vehicle access to the parking area. (b) Single-family residential uses shall surface the first 40 feet of unpaved driveways measured from the back of the sidewalk or public right-of-way, whichever is greater. (c) Grass grid pavers may be used for emergency access areas that are not used in required permanent circulation and parking areas. Section 22-952, "Junk and Junkyards Prohibited" It is a violation of this chapter to accumulate junk, or for a property owner or the person in control of property to allow junk, junked, or inoperable vehicles to accumulate on the subject property. In addition, a junkyard is not permitted in the city. Doe. I.D. 45527 4 File #08-101739-VO Section 22-1, "Definitions" Junk means old or scrap metal, rope, rags, batteries, paper, rubber, machinery, scrap wood, debris, trash, or junked, dismantled, wrecked, or inoperable motor vehicles or parts thereof. Junk or junked vehicle means any vehicle substantially meeting at least two of the following conditions: (1) Is extensively damaged, such damage including but not limited to any of the following: a broken window or windshield or missing wheels, tires, motor, or transmission; (2) Is apparently inoperable; (3) Is without a current, valid registration plate. Junkyard means a property or place of business which is maintained, operated, or used for storing, keeping, buying, selling, or salvaging junk. Section 12-22, "Illegal Dumping Prohibited" It shall be unlawful to deposit, throw, or place any solid waste or source -separated material in any public street or other public place, or to deposit, throw, or place any solid waste or source -separated material in any private road, private drive, or on any private property regardless of the ownership [emphasis added]. Section 12-36, "Public Nuisance" Every person shall have the duty to ensure that solid waste or source -separated material does not accumulate on or around his or her property in a manner that causes such solid waste or source -separated material to become a public nuisance both as to the amount of such solid waste or source -separated material, or the odor emanating from such solid waste or source -separated material. Each container used for the accumulation of solid waste or source -separated material shall be kept clean inside and out, and the area around the containers shall be kept in a neat and sanitary condition. The service provider shall provide written notification to the administrator and the customer concerning any violations of this provision. Any violation of this provision by a person shall subject the person to penalties described in FWCC 12-21. Section 22-1112, "Residential Uses" The purpose of this chapter is to establish standards for outdoor residential uses, storage, and activities related to motor vehicles and non motorized vehicles. These standards are intended to protect property values by reducing visual blight, aid in emergency access and fire safety, guard against the creation of rodent and pest harborage, and reduce the impact on the natural environment from the leaking of motor vehicle fluids. Outdoor uses, storage, and activities normally associated with a residential use are permitted, unless otherwise regulated or prohibited by this chapter. All motor vehicle and non motorized vehicle parking and storage for residential uses containing either detached or attached dwellings shall be in a garage, carport, or on an approved impervious surface. Non motorized vehicles may include but are not limited to travel and camp trailers, utility trailers, truck campers, and boat or vehicle transport trailers. Any garage, carport, or impervious surface used for motor vehicle or non motorized vehicle parking or storage shall have direct driveway access. This section does not apply to residential lots containing a detached dwelling unit where the total lot size is 20,000 square feet or more. However, junked, wrecked, dismantled, or inoperable motor vehicles must lie stored in a completely enclosed building regardless of the size or zoning designation of the lot [emphasis added]. Section 22-1, "Definitions" Inoperable motor vehicle shall be any vehicle that has been in a stationary position for more than 14 days, is apparently inoperable, or requires repairs in order to be operated legally on the public roads, or is unable to move a distance of 10 feet on level pavement under its own power. Doe. I.D. 45527 D File #08-101739-VO 2006 International Residential Code as adopted in FWCC 5-2 Section R105.1, "Permits Required". Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. Section R105.2, "Work Exempt from Permit" Permits shall not be required for the following. Exemption from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Building: 1. One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 120 square feet (11.15 m2). 2. Fences not over 6 feet (1829 mm) high. 3. Retaining walls that are not over 4 feet (1219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge. 4. Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons (18 927 L) and the ratio of height to diameter or width does not exceed 2 to 1 5. Sidewalks and driveways. 6. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work. 7. Prefabricated swimming pools that are less than 24 inches (610 mm) deep. 8. Swings and other playground equipment. 9. Window awnings supported by an exterior wall which do not project more than 54 inches (1372 mm) from the exterior wall and do not require additional support. Doc. I.D. 45527 b File #08-101739-VO Exhibit "G" Earth Tech Industries, uc �! CONSTRUCTION • LANDSCAPE • IRRIGATION • DRAINAGE RECEIVED OY Department of Community Development Services COMMUNITY DEVELOPMENT DEPARTMENT C/O Lee Bailey City of Federal Way, WA 98003 J U L O� 8� 2668 RE: #08-101739-VO Dear Mr. Bailey, July 7, 2008 I hope the spelling of your name is correct if not I apologize. I tried to reach you by phone this morning and I am quite sure you are a very busy person. We received a code violation letter # 08-101739-VO. I have begun to become compliant with the issues I have been asked to and responded to Ms. Kiersey with two letters, the first on June 16'h and the second on June 301h After the second letter was received by Ms. Kiersey she asked for a phone call to go over the details. After talking with her on the phone she made it quite clear that I would not be able to come into full compliance and that the only option is to move our operation off of our property. I agreed to this but Ms. Keirsey cannot comply with the timeline that I have asked for. With that being said please allow me to go into a little detail as to why we are out of compliance. I have been a resident of Federal Way for twenty five plus years and have been in the landscape industry in the city for approximately the same time, first with offices on 16`h Avenue then 9`h and 336th Street. We have and still maintain many commercial locations in the Federal Way area around city hall and at one time including city hall. When the city council first originated bids were taken to renovate all islands and roadways within the city I was one of the bidders. The council came back to me and explained they could not afford the renovation process at that time and asked me to come up with an innovative way to cut the three feet of ivy hanging over all of the islands in some cost effective manner, so we came up with the idea of cutting and forming plywood behind the curb and cutting the ivy with a K40 firemans saw and brought all of the islands into compliance. The landscape maintenance industry is extremely hard to succeed in because of the disparity in the county because of legal and illegal companies. There is a constant underbidding that takes place which makes it difficult for the legal companies to survive. After fifteen years in the industry, not really succeeding but surviving, I suffered a mild heart attack and decided at that time to go out of business. After a two year break and reeducation, I decided to go back into the industry because I really do enjoy it. This time I decided to do things very differently and cautiously to avoid prior financial mistakes that lead to lack of success. Operations were going extremely well working out of my home and being very successful, I had purchased the property on 28`h Avenue as a retirement investment and so that my son in law could run one of our trucks out of this location also due to that fact that we were growing. Then a very unfortunate tragedy happened in that we lost our home, equipment and office to a home fire in August of 2005. we were not able to use our business insurance to replenish our equipment because it would have put us into a high risk category to insure, so my wife and I pulled our retirements and worked feverishly day and night to hang on to what we have worked so hard to create. Somehow we did it, we not only kept all contracts but grew in the process. We just moved back into our home the first of June 2008, because of the fire I could no longer operate out of my personal residence and I merged all activity to our investment property, not realizing that it would cause concerns with the city inspector. It is a half acre lot with a private road access running down the side of the property. The very little activity that takes place in the morning when the trucks (253) 661-3663 • (253) 661-3900 FAx 1911 SW Campus Drive #288 • Federal Way, WA 98023 • earthtechllc@yahoo.com pull out I did not see as an issue as all the neighbors have been quite happy with out moving here. Crime has ceased in the cul-de-sac since we moved here and relations have been very good. I realize now that my property cannot not be used for our business and I would be more than happy to accommodate Ms. Keirsey°s request and move immediately but we are still recovering financially and will not have the funds to do so until our winter profits arrive. Along with the debt load of covering what the insurance company would not and the unexpected growth that has taken place, gives us just enough to get by until our winter profits replenish our cash investment that we have made. After talking with Ms. Keirsey I went to my key people, explaining the situation, and asked them to look for work else where. I got a resounding Hell No from all five of them. I even explained to them that because of their growth and expertise they have developed they are capable of going and making more money not to mention a benefit plan that would help them. Again they responded that they wanted to continue within this company because of the growth that had taken place in their personal lives. With that being said I went to the city and explored a rezoning possibility and I see that ultimately that would not be possible either. I tried to put together a plan to temporarily move vehicles and equipment to employee residences but it would not work due to theft and the fact that all key people have to meet a half hour to an hour each morning for education training and directives. Not to mention with our work Load of six to seven days a week and being booked out to October any deficiencies in the schedule would be financially detrimental. The reason I have written this long winded letter is to ask you to consider my request of allowing us to operate on our property until Christmas of 2008 at which time all maintenance personnel are laid off and we would be able to move during January and February of 2009 when there is no maintenance activity, the construction side of our company does not operate from the property now and will not need to in the future. All construction employees go to and from projects from their homes and do not need to be on our property. When I asked Ms. Keirsey for this courtesy she explained how could she know that I would keep my word, finally she said that my only option would be to contact you and beg and plead my case. Lee, I am not accustom to begging however to save the jobs of twenty five employees and their families I am begging you for the chance to locate the commercial property needed when the time and funds are available in the winter so we can move our company and continue to grow and thrive. I have already been in contact with our leasing agent, Mark Freitas, at CCIM 206-947-3313, to assist us in our location and relocation of new commercially zoned property. As for my character, Mark will be more than glad to vouch for my word. I have known him for twenty five years. I also can immediately lessen vehicles on the property by employee carpooling, which I believe is the main concern of Ms. Keirsey. Again there is little to no activity throughout the day on the property, no commercial vehicles loading or unloading. There are no clients or salespeople that come to property at any time. There also is no activity at the front of the property at any time. There are four non-commercial trucks that leave the property in the morning and return in the afternoon, one by one at different times. We have a good relationship with our surrounding neighbors. Please call me at your convenience so that we may discuss the issues along with any ideas or advice you may have for me. Sincerely, Roy Swain Exhibit "H" 41k CITY OF Federal Way DATE: 9-12-08 TO: File FROM: Cindy Keirsey MEMORANDUM Community Development Services Department SUBJECT: Pictures taken 9-12-08 SWAIN -HOME OCCUPATION- EARTHTECH (08-101739-00-VO) 30808 28TH AVE S .� �� �`� �_ _� _ '�. Fl ,HH,p�lidi� . ��.. i.r ,. Tr i. X-�',�� << , ����� ,F� .�_ _ x _ MEMO �.� , .. �� .- _ - �"� ,. �� �..:� f �, ��__ r '� ` ;,� � , T {� _, � _ � .. �_ �1. � ---,- ;� , . 4 . -- . ,.,, d _ ��; � � � I 5 ..,y�� �, •� _.. �� s ��:: �� Exhibit "1" CITY OF Federal Way DATE: 3-30-10 TO: File FROM: Cindy Keirsey MEMORANDUM Community Development Department SUBJECT: Pictures taken 3-30-2010 Swain -Home occupation-Earthtech 08-1017389-00-V0, 30808 28th Ave. S. � 1! s. �L ap7qi 1 4 r; #-4 \4. C� V� f W, - P� Ab P%j 'Affilo A Ap pwT r. 00 It ITT Soo cl 'MAL ;rxv- fro Mill i ---Mbc I #If. 1/4 -r" ,,,wj w \'At A pro" r �r7� ri 0- 106 744FAm AP tit Exhibit "J' CITY OF Federal Way Swain / Earthtech Industries Appeal to the Notice Of Violation and Order to Correct Case # 08-101739-00-VO w Ah 0 Mm I I I TA FiTiMmo■JTiii -J 28088- 'r ! Y „ -$13 - Zoning Information This map is intended for use as a C— 8r graphical representation only - Federal Way Vicinity Map The Cdy of Fecleiml Way makes 30M 28th Ave S. no warranty to its accuracy. 50603 OIL" DIF—r I I 0921=191 3W31 W-n Uta4BtEQ=1042:31 30", 74645 D'u-11S7.2 cc C4 's 309TH ST RS7.2 M"M&O Nis MlII :Sll STEEL LAKE TERRACE ADD 14-s 31 OTH ST 0921 C;LCOH 30614 --RS71112 - N21C49182 34642 RS7.2 36802 MOM 5. 308TH LN 2840 09:1=044 Opp- 3010 03210193r9.mq M Zoning Desigmlions: Sfnafe Fafniv Residential Zones. 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O� 6L BUSINESS LICENSE APPLICATION Please type or print clearly in dark ink- *ew Application ❑Update Application/Address Change Federal Way Business CT Outside Contractor Home Occupation ❑Other SECTION A — Business Information - PtPasP cnMn,AfP ail i„f„r. of; -- Business Name WA State UBI # (1-800-647-7706) -7bs- alb. Business Address (Street/Suite# - Physical Location) Are you currently occupying this address? Yes ❑No 30-60-6 A" _ Nvz-S City State w K Zip (1.10 63 Business Phone #: `a.5 3 - (o 6 1 - Mailing Address # � ln� C .c...m ll�S � � �-`b � City p t'C.t�-�u-•Q, W U, State L.aJ y, Zip t� 0 0�.� Business Fax #: 3 t - � a a Is this a Non -Profit Organization established for educational, Number of persons employed in Federal Way: religious, or charitable purposes? ❑Yes tHNo #_ _ Full Time # ` Part Time Is there Liquor served on the premise? ❑Yes AlNo Is there Gambling activities? ❑Yes j$No If yes, State Liquor License # If yes, State License # SECTION B — Description. of Business — describe in detail your business activities -including which category - retail, wholesale, or services. M0.�v,e r e��e �.�X 5� � SECTION C — Business Ownership -Attach additional pages if necessary. ❑Sole Proprietor ❑Partnership OCornnrmfion 'Ml imitt3cl i iat,ility "Kann -profit rlrlthnr Company Name (As registered with WA State): Cc c-41, Number of Owners, Partners, or Corporate Officers: Date Business began or will be in in FW: Name: Jit . Driver License#/State:Birthdate:n'� Sw►�i>J 1� Utz z� �l - Home Address (Street/PO Box, City, State, Zip) Telephone Number: % Owned: Name: Title: D iver License#/State: Birthdate: Home Address (Street/PO Box, City, State, Zip) Telephone Number: % Owned: Name of Emergency Notification/Contact: Telephone No.. - SECTION D — Business Location - Some improvements to your business may require separate permits. riease contact line community Development permit counter at (253) 835-2607 for more information. King County Parcel #: Are you making tenant improvements? Yes ❑No IO Building. �6ingle Tenant Floor Space Used Name of Business Center (if applicable): OMultiTenant for Business Sq. Ft.): SO !7 Sat �4 Does building/premise have If Yes, monitored by City alarm registration no, a security alarm system? DYes I 'No JCt, I IVw L: - nacatUUUS IVIUMU 115 - I-tequtrea Dy the t;tty of I-eaeral way ana Fire uepartment. Does your facility currently report to the Federal Way Fire Department under Sara Title III? DYes JVNO Does your facility currently use or store flammable materials? ❑Yes A 1No if yes, please list. What types of hazardous materials and /or waste are used, stored, handled, processed, or generated by your business? If additional space is needed, please attach a separate sheet(s) of paper_ What quantity (in gallons) of the above substance is stored on site at any given time? (Excluding consumer commodities for household use packaged in quantities of less than five (5) gallons) SECTION F — Home Occupation - if you are applying for an Adult Family Home or In -Home Daycare please contact Community Development Department at 253-835-2607 for additional requirements. Name all family members who reside at the home and work in the business, include yourself: b Name ofApartment/Townhouse Complex:(If applicable) Complete Floor Space of Residence: 5 Will there be any outside storage of goods, display of materials or outside activity? ❑Yes P(No If Yes, please explain: Will the business require the use of heavy equipment, power tools or power sources not common to a residence? ❑Yes No , If Yes, pleas e ex Ip ain: . Will there be any pick up or delivery by commercial vehicles? DYes o If Yes, please explain type and frequency: Will there be any visits to the home by clients, employee or delivery services? MYes ❑No If Yes, please explain the number of deliveries expected: per week per month Are there any conditions produced by the home occupation such as noise, vibration, smoke, dust, odor, heat, or glare which would exceed that normally produced by a single residence, or which could create a disturbing or objectionable condition in a neighborhood? ryes ❑No If Yes, please explain type and frequency: SECTION G— Temporary Business Activity - Temporary Licenses are granted for a specific penoa, ana are not to exceea vu aays in a calenaar Description of Temporary Business/Activity: Specific Dates of Temporary Activity: Is site layout of area/structures provided? ❑Yes ❑No Signed Consent of Property Owner must be attached for (including ingress and egress of area) approval. Copy of lease agreement is acceptable. SECTION H — SIGNATURES I (we) the undersigned, declare under the penalties of perjury and the denial of a license or revocation of any license granted, that 1(we) am (are) the applicant(s) or authorized representative(s) of the firm making this application and that the answers contained, including any accompanying information have been examined by me (us) and that the information set forth is true, correct, and complete. I also understand that I am responsible for notifying the City Clerk, in writing, of any change in location or mailing address within thirty days. All licenses are nontransferable. 1 understand my place of business must comply with all federal, state, and local codes and ordinances. X of Application prepared by (please print) Title Title / / e52t Date Phone Number For offjce use only �7 Amount Received: (� Check No.: _ Date Received: r Receipt No.. Business License #: �" (U � \� 0 ('0 SIC CODE: Date License Issued: Driver and Plate Search - Driver Information Page I of 2 PtC: Name: �- SSN: Date of Birth: SWAIN,ROY ANTHONY Gender: M Height: 5' 8" Weight: 165 Eye Color: Blue(BLU) Street: 11510 SW 326TH ST City: JIFEDERAL WAY IState: WA Zip Code: 1198023 - County: King Country: USA Out of State: Return to WA: CDL: 00000000 Restrictions: Motorcycle Endorsement: No Last Trans: 32 - License Renewal -- j� Expires: 7/29/2013 Last Update: 16/17/2008 1.01:06 PM No Driver History found No Comments found Street City County State Address Type Request Date Last Update 510 SW 326TH ST FEDERAL WAY King WA Historical (Std) 8/27/2003 PIC �j Transaction Code IlPrevious Transaction Codell Transaction Date I https://transact.wa.gov/DOL-DAPS/DriverShow.asp'P1c=S WAINRA422M9&SessionID=... 4/26/20I0