Appeal Hearing Staff Report
Appeal of Accessory Dwelling Unit Code Interpretation 21-104304-UP / Doc I.D. 81882
Staff Report to the Hearing Examiner Page 1 of 3
CITY OF FEDERAL WAY STAFF REPORT
TO THE HEARING EXAMINER
Appeal of Accessory Dwelling Unit Interpretation
Decision HEX #21-005 (21-104304-UP)
Staff Report Date: February 24, 2022
The Appellant, Mr. David Mann, is appealing an administrative decision rendered by the city. Mr. Mann
contends the city erred in its October 15, 2021 Interpretation of Title 19 (Zoning and Development Code)
of the Federal Way Revised Code (FWRC). This staff report is provided pursuant to Federal Way
Revised Code (FWRC) 19.70.090.
Pursuant to 19.70.125 FWRC, Scope of agency decision appeals:
The scope of agency decision appeals is limited to the errors of law raised or the specific factual findings
and conclusions disputed in the notice of appeal. The hearing examiner may only consider evidence,
testimony, or comments relating to errors of law raised or the disputed findings and conclusions. The
hearing examiner also may not consider any request for modification or waiver of applicable requirements
of this title or any other law.
I.APPELLANT INFORMATION
Appellant Contact: David L. Mann, ESQ
302 SW 292nd ST
Federal Way, WA 98023
II.INTERPRETATION INFORMATION
File Numbers:21-104304-UP
Proponent:City of Federal Way
Project Location: City-wide
Project Description: Clarifying when additional living facilities in a single-family residence
constitute an Accessory Dwelling Unit under Federal Way Revised Code (FWRC) and require
a separate Land Use permit.
Appeal of Accessory Dwelling Unit Code Interpretation 21-104304-UP / Doc I.D. 81882
Staff Report to the Hearing Examiner Page 2 of 3
III. STAFF REPORT CRITERIA
Pursuant to FWRC 19.70.090(1), the director shall prepare a staff report concerning the
application or agency decision appeal containing the following:
(a) All pertinent application materials, including any notice of appeal and any agency decision.
a.Response: All pertinent materials including the notice of interpretation, agency
interpretation, appellant appeal documentation and notice of public hearing are
included as attachments to this report. See Section IV (Attachment 1), below.
(b) All written comments regarding the matter received by the department prior to distribution of
the staff report.
a.Response: All written comments regarding the appeal of agency decision received by
the department prior to the distribution of the staff report are included as attachments
to this report. No other public comments were received from the general public other
than the appeal. See Section I (Attachments), below.
(c) An analysis of the application under any relevant provisions of this title and the comprehensive
plan.
a.Response: See Formal Code Interpretation, included as Attachment 1 (a). Additional
analysis of the code interpretation is contained in the city’s briefing on summary
judgment, and/or will be presented during the appeal hearing and in any post-hearing
briefing that may be required by the Hearing Examiner.
(d) A statement of the facts found by the director and the conclusions drawn from those facts,
including an analysis of any alleged errors or disputed findings or conclusions in an agency
decision appeal.
a.Response: See Formal Code Interpretation, included as Attachment 1 (a). Additional
analysis of the alleged errors and/or disputed findings or conclusions is contained in
the city’s briefing on summary judgment, and/or will be presented during the appeal
hearing and in any post-hearing briefing that may be required by the Hearing
Examiner.
(e) A recommendation on the matter.
a.Response: Staff recommends the Director’s interpretation be affirmed without
modification, and the appeal denied.
IV. ATTACHMENTS
These documents are available online at the following link:
https://docs.cityoffederalway.com/WebLink/Browse.aspx?id=872283&dbid=0&repo=CityofFederalWay
Appeal of Accessory Dwelling Unit Code Interpretation 21-104304-UP / Doc I.D. 81882
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Attachment I Pertinent Application Materials
a) Formal Code Interpretation, dated October 15, 2021
b) Notice of Interpretation, dated October 22, 2021
c) Appeal of Agency Decision, dated received November 8, 2021
d) Notice of Agency Decision Appeal Hearing, dated February 22, 2022
Staff reserves the right to respond to matters raised subsequent to the writing of this report