2022-02-08 - Decl of N. Kamieniecki ISO City Motion for Summary Judgment - final.pdf1
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BEFORE THE HEARING EXAMINER FOR
THE CITY OF FEDERAL WAY
In re: Appeal of Formal Code Interpretation,
File No. 21-104304-00-UP
DAVID LEELAND MANN,
Appellant,
CITY OF FEDERAL WAY,
DECLARATION OF NATALIE
KAMIENIECKI IN SUPPORT OF CITY' S
MOTION FOR SUMMARY JUDGMENT
I, Natalie Kamieniecki, declare as follows:
1. I am employed by the City of Federal Way ("City") as an Associate Planner in the
Community Development Department.
2. I was assigned to an accessory dwelling unit ("ADU") application under File #20-
102070-AU ("ADU Application") for the property located at 300 SW 292" d Street,
Federal Way, Washington ("Neighbor Property"). The ADU application was also
linked to a code enforcement case under File #20-101766-VO ("Code Enforcement
Case")
3. For several years Mr. David L. Mann, the appellant in this action, has stated and
alleged that his Neighbor's Property contains an unpermitted ADU.
4. On the basis of Mr. Mann's complaints, the City opened the Code Enforcement Case
to investigate the alleged unpermitted ADU violation, to determine whether an
unpermitted ADU existed, and to require permitting of any such unpermitted ADU.
DECLARATION OF NATALIE KAMIENIECKI IN Federal Way City Attorney
SUPPORT OF CITY'S MOTION FOR SUMMARY 33325 8th Ave South
JUDGMENT - 1 Federal Way, WA 98003
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5. The Neighbor Property owner submitted the ADU Application on May 27, 2020, but
claimed that his property did not have an ADU and therefore did not require an ADU
permit at all.
6. On July 28, 2021, the ADU Application expired due to inactivity. The Code
Enforcement Case remained open at that time.
7. After additional complaints from Mr. Mann, I requested additional information from
the Neighbor Property owner as well as Mr. Mann in order to finally determine
whether an unpermitted ADU existed on the Neighbor Property, and to finally resolve
the ADU violation and any ADU permitting that may have been required.
8. I subsequently reviewed significant additional information from both Mr. Mann as
well as the Neighbor Property owner, and ultimately determined that the Neighbor
Property did not contain an unpermitted ADU.
9. On September 21, 2021, I sent an email to the Neighbor Property owner, a true and
correct copy of which is attached as Exhibit A ("Sept. 21 Email"). The Sept. 21
Email stated that based on the information submitted to the City, the City had
determined that "no unpermitted ADU exists on the subject property and the existing
single-family residence is not in violation of the ADU code." See Ex. A. The Sept. 21
Email further stated that the Code Enforcement Case was thereby closed, "and no
further action regarding the complaint will be pursued." Id.
10. I forwarded the September 21, 2021 email to Mr. Mann later on September 21, 2021.
11. The Sept. 21 Email was the City's final determination with respect to the Code
Enforcement Case and whether or not an unpermitted ADU existed on the Neighbor
Property.
I hereby declare under penalty of perjury under the laws of the State of Washington
that the foregoing is true and correct.
DECLARATION OF NATALIE KAMIENIECKI IN
SUPPORT OF CITY'S MOTION FOR SUMMARY
JUDGMENT-2
Federal Way City Attorney
33325 8th Ave South
Federal Way, WA 98003
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SIGNED this 8 day of February, 2022, at Tacoma, Washington.
Respectfully submitted,
r
Y.
Natalie Kamieniecki
Associate Planner
City of Federal Way
DECLARATION OF NATALIE KAMIENIECKI IN
SUPPORT OF CITY'S MOTION FOR SUMMARY
JUDGMENT-3
Federal Way City Attorney
33325 8th Ave South
Federal Way, WA 98003
Exhibit A — Kamieniecki Email
Kent van Alstyne
From: Natalie Kamieniecki
Sent: Tuesday, September 21, 2021 1:54 PM
To: jerryhawley@hotmail.com'
Subject: 20-101766-VO Hawley
Dear Mr. Hawley,
The City of Federal Way followed up with you on the above referenced notice of violation regarding a potentially
unpermitted accessory dwelling unit (ADU).
Based on the information on file and additional submitted by you the city has determined that no unpermitted ADU
exists on the subject property and the existing single-family residence is not in violation of the ADU code. Violation
number 20-101766-VO is considered closed and no further action regarding the compliant will be pursued.
Sincerely,
Natalie Kamieniecki
Associate Planner
Fed+ir�al i
33325 8t" Avenue South
Federal Way, WA 98003-6325
Phone: 253/835-2638
www.cityoffederalway.com