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19-105869-00-SU-Exhibit #005-CRC report & Appeal 7-12-20-12-11-2020-V11 | P a g e APPEAL to the City’s Decision Regarding My Request Of Waiver of Right-of-Way Improvement PERMIT #20-101562-00SM July 12th, 2020 City of Federal Way Department of Public Works-development Services Attention: Kevin Peterson kevin.peterson@cityoffederalway.com Re: File #19-105869-00-SM Graceland Short Plat, 37345 8th Avenue South, Federal Way Right-Of-Way Improvement Waiver Agreement with Access Road Improvement Eunhee Kim, Applicant is not a big corporate developer, which plans more than 10 units of housing development with many variable budgets. I just want to subdivide one lot into 4 lots which all are accessible with current streets. I might understand and accept the City Improvement requiring conditions, which cost approximately $100,000, if I am a big developer. I feel like the city is dumping to me the City responsibilities of street improvements (a half of street asphalt pavement on both373rd St & 8th Ave S, side walk path creation & install & a Street light installation even though the applicant agrees land dedication (approx. 9,000 Square ft for the city’s side walk creation as requested by the City as exchange condition of Preliminary Approval. I am taking care of inside property boundary line and I know the street side are governed /managed by the city by using our owner’s property tax. I don’t still understand why the city is requesting a lot for my small project of short plat by treating as big developers & denying my request without proper code explanations. Applicant, Eunhee Kim requested Waiver letter dated June 15, 2020. After that, the City (City of Federal Way, Public Works Department) issued a Decision letter dated July1, 2020. Applicant request Appeal to the City letter dated July 01, 2020 per FWRC 18.30.140 herewith; Applicant request an Appeal per Federal Way Revised Code (FWRC) 18.30.140 with the following; (a) A statement identifying the decision being appealed, along with a copy of the decision; The City letter dated July 1, 2020 is attached. (b) A statement of the alleged errors in the director’s decision, including identification of specific factual findings and conclusions of the director of community development services disputed by the person filing the appeal; 2 | P a g e A. MINIMUM REQUIREMENT of FWRC 18.05.040: Applicant requests Right-of-Way Improvement Waiver based on the Federal Way Revised code (FWRC) 19.135.030 (1) (a) exception, which the proposed development has no physical improvement involved except legal dividing to four (4) lots and this improvement do not exceed 25 percent of the assessed or appraised value on the letter June 15, 2020. the City does not accept this request on the City Decision Letter dated July 1, 2020 said that the City hereby denies applicant request to waive frontage improvements. The City rejected the applicant request and asking improvement of front street 373th Street and 8th Avenue south Street without any reasons or explanations based on FWRC codes (No provision or section number quoted). Per FWRC 18.05.040 Interpretation-Conflict said, the provision of this title shall be held to be minimum requirements, which means to apply lower cost impact to applicant but the City does not demonstrate it. B. FACTUAL FINDING: Also, Applicant asks Improvement Waiver per the city officer’s suggested waiver conditions of FWRC 19.135.070 (1). No improvement at the current conditions of the street is required to the Applicant by exchanging the dedicating area abutting the street shown on the map sketch to the City. The City will redesign the street after getting the ownership of the dedicated portion of the land and this street will be improved per the scheduled city plans. Any improvements of Right-of-Way will require to the individual property owners at the time of home improvements. In addition, the attached capacity reserve certificate shows the current road conditions enough to serve traffic loads after four short subdivision done. The facts are; Applicant checked the current 373th Street and 8th Avenue South as below: 1. 373th Street: The City said that current 373th Street has a 60-foot right-of- way with areas of ditches but no sidewalks. The City asks the applicant to provide an 11-foot travel lane and a 5-foot asphalt shoulder for a walking path, as measured from the existing roadway centerline. 2. 8TH Avenue South Street: The City said that 8th Avenue south is also identified as a Minor Collector, Standard Street Section type “P” a 70-foot right-of-way. The City require the applicant to provide an 11-foot travel lane and a 5-foot crushed rock shoulder for a walking path and dedicate 35-feet. So, the City requirements on the letter for street improved on 373rd Street and 8th Avenue south are an 11-feet travel lane and a 5-feet shoulder of asphalt shoulder on 373rd Street and crushed rock shoulder. This requirement to the applicant is against to the applicant requested waiver, no improvement on the current street per current conditions of the streets, which have 10-feet asphalt travel lane and the completion of Type P road may be delayed until the crossing at Pacific Highway # 99 and 373rd Street construction completion by connecting 373rd Street. 10ft 2ft current 10 ft asphalt paved street from center of street grass shoulder 2ft center of streetditch Current Road Section Current Property Line 5ft Dedicate to City FIGURE 001 No Street yet. 37325 property Untitled M ap W rite a description for your m ap. Legend 37325 8th Ave S 200 ft N➤➤N © 2020 Google © 2020 Google © 2020 Google 20-feet Asphalt Street 20-feet Asphalt Street 373th Street 8th Avenue South Street FIGURE 002 373rd Street 8th Ave S FIGURE 002: PHOTO OF CURREST STREET