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Res 93-147 RESOLUTION NO. 93-147 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, APPROVING WITH CONDITIONS THE ALTERATION OF THE PLAT OF ADELAIDE FOREST ESTATES TO ELIMINATE A BUILDING SETBACK LINE LOCATED IN LOT 19 OF THE PLAT. WHEREAS, Charles witzleben ("Applicant") has submitted an application to reduce the six (6) foot building setback line ("BSBL") on the north side of Lot 19 of the recorded plat of Adelaide Forest Estates to six (6) inches ("Application"); and WHEREAS, the plat of Adelaide Forest Estates was approved by King County Building and Land Development and recorded on November 14, 1989, with the King County Department of Records. WHEREAS, the Application is proposing an action which constitutes an alteration of a subdivision pursuant to RCW 58.17.215; and WHEREAS, the Application meets all requirements of RCW 58.17.215; and WHEREAS, the Application was properly routed through the city of Federal Way Community Development Review Committee who have commented on the Application by including their comments in the Staff Report presented to the city Council; and WHEREAS, all property owners and occupants within three hundred (300) feet of Lot 19 of Adelaide Forest Estates have been notified by mail of the required public hearing on this Application pursuant to RCW 58.17.215; and RESOLUTION # 93-147 ,PAGE 1 . COpy WHEREAS, no public comments have been received prior to the date of the public hearing; and WHEREAS, the City Council has held a public hearing on this Application on this date; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Findinas of Fact and Conclusions of Law. The Federal Way city Council adopts by reference the Findings of Fact and Conclusions of Law, as contained in the Staff Report for Application MIS 93-003, on the application for alteration of the plat for Adelaide Forest Estates, which Staff Report is attached hereto and adopted herein by this reference. Section 2. Decisional Criteria. The Federal Way city Council further finds that the Application meets the decisional criteria pursuant to RCW 58.17.215, which requires the legislative authority to determine the public use and interest in the proposed alteration and, if so finding, grants to the legislative authority the ability to approve the Application. The City Council finds that the proposed Application to eliminate the six (6) foot BSBL on the north side of Lot 19 does not have an adverse effect on the public as follows: 1. The plat alteration is necessary to correct a contractor error made on Lot 19. 2. The alteration does not impact any other lot in the plat of Adelaide Forest Estates, nor surrounding properties. RESOLUTION # 93-147 , PAGE~. 3. The plat alteration proposes to reduce a "line" that separates the utility easement from the buildable site area to six (6) inches. The ten (10) foot wide sanitary sewer easement contains a six (6) inch PVC pipe buried approximately three (3) to eight (8) feet below the easement. Based on the size of the pipe and its location, the proposed action will have no impact on water and sewer facilities. 4. The foundation of the existing structure is two (2) feet from the southern edge of the sanitary sewer easement. To insure that the building does not pose a threat to the integrity of the adjacent pipes, the plat alteration will be conditioned to require documentation of the foundation impact on the easement. Section 3. Conditional ADProval of Alteration to Tract. Based upon the above Findings of Fact, Conclusions of Law and Findings that the Decisional Criteria necessary for this Application have been met, the Application is approved upon the following condition: The applicant shall provide verification that the structure does not pose a threat to the integrity of the sanitary sewer or storm drainage pipes. This shall include a cross sectional drawing showing the elevation of the pipes and building foundation, their horizontal RESOLUTION # 93-147 , PAGE-----1-. separation, and the area of influence by the foundation. This information shall be reviewed and approved by the Public Works Department and Federal Way Water and Sewer. Section 4. Recordina. Pursuant to the approval granted herein, the Applicant is ordered to produce a revised drawing of the Plat of Adelaide Forest Estates which shall contain the alterations approved herein. Development, and the Public Works Director of the city of Federal The Mayor, the Director of Community Way are hereby authorized to sign the revised drawing of the approv~d alteration, which shall then be filed with the King County Department of Records to become the lawful re-recorded plat of the property. The Applicant shall pay all recording fees. WASHINGTON, this ~ day of RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, July , 1993. CITY OF FEDERAL :Y~\\ ~~I~ MAYO, ROBERT STEAD ANEY, CMC FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. 93-147 la\kathleer\reso\adelaide.res RESOLUTION # 93-147 June 30,1993 July 6,1993 , PAGE~.