2010-05-03 HEX# 10-003 Exhibit AExhibit "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