13-103954 (2)Federal Way
DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES
STAFF REPORT TO THE
FEDERAL WAY HEARING EXAMINER
MCDONALDS SIGN VARIANCE REQUEST
Federal Way File No.13-103954-00-UP
PUBLIC HEARING
December 18, 2013
3:00 p.m.
City Council Chambers
Federal Way City Hall— 33325 8 h Avenue South
Report Prepared by:
Senior Planner Janet Shull, AICP
Report Date:
December 11, 2013
TABLE OF CONTENTS
SECTION PAGE
I. GENERAL INFORMATION........................................................................................1
II SIGN VARIANCE DECISION CRITERIA........................................................................................... 2
III. SUMMARY OF PROPOSED SIGN VARIANCE REQUEST................................................................... 2
IV. HISTORY AND BACKGROUND....................................................................................... ............ 2
V. PUBLIC NOTICE AND COMMENT................................................................................................... 4
VI. STATE ENVIRONMENTAL POLICY ACT......................................................................................... 4
VII. AGENCIES CONTACTED BY FEDERAL WAY.................................................................................. 4
VIII. NEIGHBORHOOD CHARACTERISTICS............................................................................................ 4
IX. HEARING EXAMINER SIGN VARIANCE CRITERIA
REQUIREDBY FWRC 19.140.180(3)........................................................................................... 4
X. HEARING EXAMINER PROCESS IV DECISIONAL CRITERIA........................................................... 6
XI. FINDINGS OF FACT AND CONCLUSIONS........................................................................................ 8
XII. STAFF RECOMMENDATION........................................................................................................... 9
EXHIBITS
Exhibit A: Master Land Use Application stamped received by City of Federal Way, September 6, 2013
Exhibit B: Process IV Variance Request by Freiheit & Ho Architects stamped received by City of
Federal Way, September 6, 2013
Exhibit C: Site Plan prepared by Freiheit & Ho Architects stamped received by City of Federal Way,
September 6, 2013
Exhibit D: Examples of code compliant signs for existing fast food restaurants in Federal Way, source:
Google Earth, December 11, 2013
I. GENERAL INFORMATION
Hearing Topic: The applicant proposes to retain an existing nonconforming pole sign. The
existing sign measures 35 feet in height and exceeds the maximum allowable
height of 12 feet for a medium profile sign for a single -tenant use in the
Community Business (BC) zone. In addition to the nonconforming height
identified, there are potentially additional nonconforming aspects of the
existing sign, such as sign location (setback), sign typology (pole sign), and
general sign design. Since the applicant is clear about their desire to retain
the existing sign, the variance request should be interpreted to apply to all
nonconforming aspects of the existing sign.
The McDonalds business subject to this variance request applied for and was
issued land use approval for remodeling work that includes an expansion of
gross floor area. Expansion of gross floor area is a structural change that
triggers application of Federal Way Revised Cade (FWRC) 19.30.100(7), "Loss
of Legal Nonconforming Sign Status," whereby all legal nonconforming signs
must be immediately removed or modified to conform to current sign
standards. Compliance with current sign standards requires the sign meet the
minimum requirements for a "'medium profile sign" outlined in FWRC
19.140.140(2), and therefore, the applicant has requested a sign variance from
these standards.
Staff
Recommendation: City staff recommends denial of the sign variance request.
Location: 27515 Pacific Highway South, Federal Way WA 98003
Applicant's Agent: Derek Smith
Freiheit & Ho Architects, Inc., P.S.
5209 Lake Washington Boulevard NE, Suite 200
Kirkland, WA 98033
(425) 827-2100
Applicant: Adam Brandenburg, McDonald's U.S.A., LLC
12131 113`" Avenue NE, Suite 103
Kirkland, WA 98034
(425) 242-2468
Owner:
McDonald's Real Estate Company, a Delaware Corporation
One McDonald's Plaza
Oak Brook, IL 60523
(630) 623-3000
Zoning:
Community Business (BC)
Comprehensive
Plan Designation:
Community Business
Parcel Number: 332204-9129
McDonalds Sign Variance Request File #13-103954-00-UP / Doc ID 64613
Staff Report to Federal Way Hearing Examiner Page 1 of 9
H. SIGN VARIANCE DECISION CRITERIA
Pursuant to FWRC 19.140.180(3), the city may grant a sign variance only if it fmds all of the
following:
(a) The literal interpretation and strict application of the provisions and requirements of the sign
regulations would cause undue and unnecessary hardship because of unique or unusual
conditions pertaining to the specific building, parcel or subject property;
(b) A sign package consistent with the provisions of this chapter would not provide the use or the
business with effective signs;
(c) The variance is necessary because of special circumstances relating to the size, shape,
topography, location, or surroundings of the subject property to provide it with use rights and
privileges permitted to other properties in the vicinity and zone in which the subject property is
located;
(d) The variance is not granted for the convenience of the applicant or for the convenience of
regional or national businesses which wish to use a standard sign;
(e) The special circumstances of the subject property are not the result of the actions of the
applicant, the owner of the property or a self-induced hardship; and
(f) The granting of the variance will not be materially detrimental to the public welfare or injurious
to the property or improvements in the vicinity and in the zone in which the subject property is
located.
Additionally, the city must find the Process IV decisional criteria of FWRC 19.70.150(3) are met.
W. SUMMARY OF PROPOSED VARIANCE REQUEST
The applicant has requested a variance from the requirements of FWRC 19.140.140(2), "Medium
Profile Sign," to bring a nonconforming pole sign into compliance with the current sign code as
required by FWRC 19.30.100(7), "Loss of Legal Nonconforming Sign Status," which is triggered
by a structural change to the existing business. Variances from provisions of FWRC Chapter 19 are
subject to Process IV, Hearing Examiner Decision.
IV. HISTORY AND BACKGROUND
The applicant has requested a sign variance to allow for the retention of an existing 35-foot tall pole
mounted sign along the subject property's Pacific Highway South frontage. The applicant has
applied for land use and building permits to remodel and expand the existing McDonalds restaurant.
The expansion of the restaurant triggers the removal or modification of the existing sign to be in
compliance with the current sign regulations. At the time of this writing, the land use approval has
been issued and the building permit application approval is pending.
In order to be in compliance with FWRC 19.140.140(2), the existing 35-foot tall pole mounted sign
must either be removed or modified to meet the maximum height limit of 12 feet' and other
applicable design standards for a medium profile sign for a single -tenant commercial use in a BC
Per Federal Way Revised Code (FWRC) 19.140.140, single -tenant uses in the BC zone are allowed one medium profile sign
along the frontage on a public right of way, with a maximum height of .75 feet for every ten lineal feet of frontage up to a
maximum of 12 feet. The subject site has enough lineal feet of frontage to qualify for the maximum 12-foot tall sign.
McDonalds Sign Variance Request File #13-103954-00-UP / Doc ID 64613
Staff Report to Federal Way Hearing Examiner Page 2 of 9
zoning district. Regardless of the proposed building expansion, the existing pole sign must be
removed or modified per the amortization requirements of FWRC 19.30.100(5), "Amortization," no
later than January 1, 2015 (10 years from the date the property was annexed into the city).
On September 6, 2013, the Land Use Process IV application was submitted to the City of Federal
Way. On September 30, 2013, the application was determined complete. A notice of application
was posted on site and sent to all property owners within 300-feet of the site on October 11, 2013.
The comment deadline ended on October 28, 2013, with no comments received.
The applicant was notified of the pending nonconforming nature of the pole sign on multiple
occasions preceding their application for the variance request. Previous points of notification
include, but are not limited to:
• Preapplication letter issued on May 10, 2013; and
• Process II Land Use Decision issued August 19, 2013 —Exhibit A, Findings and
Conclusions, August 16, 2013
The following summarizes the current status of the nonconforming pole sign as related to the
applicable requirements of FWRC 19.30.100(7):
"Loss of Legal Nonconforming Sign Status. All legal nonconforming signs must be immediately
removed or modified to conform to all the provisions of this title, and a new permit secured
therefor, and such legal nonconforming sign shall immediately lose its legal nonconforming
designation when one or more of the following events occur:
"(a) Structural changes. The applicant is making structural alterations or increasing the gross
floor area of any structure that houses or supports the use with which the legal nonconforming
sign is associated.
"(b) Other alterations. The applicant is making any change, alteration or performing work other
than normal maintenance or other than tenant improvements, in any 12-month period, to any
structure that houses or supports the use with which the legal nonconforming sign is associated
and the fair market value of those changes, alterations or other work exceeds 25 percent of the
assessed value of that structure as determined by the King County assessor.
"(g) Expiration of amortization period. All legal nonconforming signs shall be discontinued
and removed or made conforming ... or within 10 years of the effective date of annexation, [in
this case no later than January 1, 2015] ...."
As the McDonalds property was annexed into the City of Federal Way on January 1, 2005, the
existing pole sign may remain in place as a legal nonconforming sign until January 1, 2015 (10
years from the effective date of annexation). However, the proposed expansion of gross floor area
also triggers loss of legal nonconforming sign status, and therefore, the sign must be removed or
modified to meet the current standards of FWRC 19.140.140 at the time of building expansion, or
January 1, 2015, whichever occurs first.
Per FWRC 19.140.140, the site is allowed a pedestal or monument sign with a height limit of 12
feet. Per FWRC 19.05.080, "Definitions — Height of a Sign," the height of a sign is measured
from the highest point of the sign to the grade of the adjacent street, or the surface grade beneath
the sign, whichever is less.
McDonalds Sign Variance Request File #13-103954-00-UP / Doc ID 64613
Staff Report to Federal Way Hearing Examiner Page 3 of 9
V. PUBLIC NOTICE AND COMMENT
Pursuant to FWRC requirements, a Notice of Application (NOA) for the variance request was
published, posted, and distributed to property owners within 300 feet of the subject property on
October 11, 2013. The city received no public comment letters in response to the notice of
application.
Pursuant to FWRC requirements, a Notice of Public Hearing for the sign variance request was
published, posted, and distributed to property owners within 300 feet of the subject property at least
14 days prior to the public hearing. As of the date of this staff report, the city has received no public
comment on the notice of hearing.
VI. STATE ENVIRONMENTAL POLICY ACT
The granting of variances based on special circumstances are categorically exempt from
environmental review pursuant to WAC 197-11-800(6)(b).
VH. AGENCIES CONTACTED BY FEDERAL WAY
As part of the variance request review by Federal Way staff, site visits were conducted and the
proposal was circulated to the following agencies and city departments:
■ Federal Way Planning Division
• Federal Way Public Works Department Traffic Division
VIH. NEIGHBORHOOD CHARACTERISTICS
The subject site is surrounded by BC -zoned property. A fitness club is located directly to the north,
other commercial development is located to the west and south, and a Metro park -and -ride is
located across Pacific Highway South to the east. The site's primary frontage and vehicle access is
from Pacific Highway South. This area is referred to as "Old Highway 99" in the Federal Way
Comprehensive Plan (FWCP).
IX. HEARING EXAMINER SIGN VARIANCE CRITERIA REQUIRED BY FWRC 19.140.180(3)
The Hearing Examiner may approve the sign variance request only if all six variance decisional
criteria of FWRC 19.140.180(3) are met. The applicant has the burden of proof of convincing the
Hearing Examiner that the applicant is entitled to the requested decision. The applicant provided a
written response that discusses the variance decisional criteria relative to the proposal (Exhibit B).
The criteria and the city's response are provided in the following sections:
(a) The literal interpretation and strict application of the provisions and requirements of the
sign regulations would cause undue and unnecessary hardship because of unique or
unusual conditions pertaining to the specific building, parcel or subject property;
City Response
The application of the sign regulations does not cause undue and unnecessary hardship due to
unique or unusual conditions. The applicant does not establish that unique or unusual
conditions exist.
McDonalds Sign Variance Request File #13-103954-00-UP / Doc ID 64613
Staff Report to Federal Way Hearing Examiner Page 4 of 9
The applicant opines that removing the pole sign will create an undue and unnecessary hardship
in that it will increase traffic congestion and hazardous driving. The variance application was
routed to staff in the city's Public Works Traffic Division and they are unaware of any traffic
studies that would support the applicant's statement that removing a pole sign would result in
either increased congestion or hazardous driving. Throughout the city, similar pole signs have
been removed and replaced by signs that meet current sign standards and there has been no
measured increase in traffic safety incidents as a result.
(b) A sign package consistent with the provisions of this chapter would not provide the use or
the business with effective signs;
City Response
The applicant is subject to the same loss of nonconforming sign status requirements that apply
to all land uses located throughout the city's high traffic volume, commercially -zoned
corridors. In June of 1995, the City of Federal Way adopted the current sign code and
established the amortization requirement with the intent that, over a period of time, the visual
clutter of numerous and greatly varied sign types would be eliminated and a more aesthetically
pleasing built environment would result. The city has had nearly 100 percent compliance with
the amortization requirement to remove or modify nonconforming signs to bring them into
compliance with current standards.
The applicant is allowed one freestanding medium profile sign that may be up to 12 feet in
height. See Exhibit D for examples of existing signs at other similar businesses located in
Federal Way that meet the current sign code.
(c) The variance is necessary because of special circumstances relating to the size, shape,
topography, location or surroundings of the subject property to provide it with use rights
and privileges permitted to other properties in the vicinity and zone in which the subject
property is located;
City Response
The city does not find that there are any special circumstances relating to the subject property.
The city's sign regulations accommodate property topography by taking into consideration the
grade of the adjacent street and the surface grade beneath the sign. It is not unusual to find
businesses in Federal Way that have buildings set lower than the adjacent public right-of-way
that comply with the city's sign code (see Exhibit D).
The applicant also cites that the site has only one vehicle access point. This situation is not
unusual in Federal Way. In the case of the subject site, the access point is via a signalized
intersection with a dedicated left turn lane provided for north -bound traffic on Pacific Highway
south.
(d) The variance is not granted for the convenience of the applicant or for the convenience of
regional or national businesses which wish to use a standard sign;
City Response
The city is of the opinion that granting of the variance would represent a convenience for the
applicant and the national business (McDonalds) which wishes to use a standard and existing
sign. While McDonalds is capable of designing and erecting a sign that meets Federal Way's
McDonalds Sign Variance Request File #13-103954-00-UP / Doc ID 64613
Staff Report to Federal Way Hearing Examiner Page 5 of 9
existing sign standards (see Exhibit D), retaining the existing sign would certainly be
potentially advantageous from an advertising perspective, convenient, and less expensive than
removing or modifying the existing sign to meet the current sign regulations.
(e) The special circumstances of the subject property are not the result of the actions of the
applicant, the owner of the property or a self-induced hardship; and
City Response
The city does not find that there are any special circumstances or hardship with regard to the
subject site.
(f) The granting of the variance will not be materially detrimental to the public welfare or
injurious to the property or improvements in the vicinity and in the zone in which the
subject property is located.
City Response
The granting of the requested variance would be materially detrimental to the public welfare or
injurious to the property or improvements in the vicinity and zone. The purpose of the
amortization requirement in FWRC 19.30.100 for nonconforming signs is to provide for a
transition to a more aesthetically -pleasing and unified standard for commercial signage.
Therefore, approving the sign variance in this case could be perceived by other property owners
in the vicinity of the subject site as injurious due to a perceived competitive advertising
advantage, as well as a lack of consistency with aesthetic design standards applied to all other
commercial properties in the City of Federal Way.
X. HEARING EXAMINER PROCESS IV DECISIONAL CRITERIA
The Hearing Examiner may, after consideration of the entire matter on record, issue a decision with
or without conditions, or a denial, pursuant to the FWRC. FWRC 19.70.150(3) contains five
decisional criteria that are used by the Hearing Examiner during Process IV review. The decisional
criteria and staff response follow:
1. "It is consistent with the Comprehensive Plan."
City Response
The proposed retention of the existing non -conforming pole sign is not consistent with the
comprehensive plan.
The City of Federal Way Comprehensive Plan (FWCP) contains goals and policies to help
guide the orderly growth and development of the city. The FWCP provides general policy
framework as a basis for implementing regulations and other city programs such as the State
Environmental Policy Act (SEPA).
The subject site is designated as Community Business by the FWCP, and zoned BC. The
following are excerpts from Chapter 2 "Land Use" of the FWCP:
"Community Business
The Community Business designation encompasses two major retail/commercial areas along
the SR-99 corridor, including the segment between South 272"d Street and South 3121' Street,
and the segment between South 324`h Street and approximately South 339t Street. Presently,
these areas are characterized by a wide range of development types and appearances,
McDonalds Sign Variance Request File #13-103954-00-UP / Doc ID 64613
Staff Report to Federal Way Hearing Examiner Page 6 of 9
including older, single -story developments that provide excellent redevelopment
opportunities....
"The Community Business designation allows a broad mix of uses, including general,
specialty, and service retail; commercial; office; mixed -use commercial/residential; and
supportive uses. This designation envisions low-rise to mid -rise, high quality developments
containing a vibrant and compatible mix of well integrated and designed pedestrian -oriented
and auto -oriented uses.
"Goal
"LUG6 Transform Community Business areas into vital, attractive, areas with a mix of uses
that appeal to pedestrians, motorists, and residents, and enhance the community's image. "
In addition to the general guidance in the Land Use chapter that provides references to aesthetic
appeal and an emphasis on redevelopment opportunities, the following excerpt from Chapter 4,
"Economic Development" specifically references the sign code as a method to encourage
economic investment through aesthetic improvements:
"Table X-5
Economic Development Areas and Actions
Sub Area of
Who Initiates
What Land Uses Are
How Are They
Reasons Timing
Federal Way
Action
Encouraged
Encouraged
Old Hwy 99,
Public w/ private
High capacity & business
land use & capital
Provide a range of As appropriate
north of South
support.
related.
improvements for gradual
housing & support for market. "
339m outside of
High density MF
redevelopment & in -fill.
services & retail for
main economic
residential.
Aesthetic improvements
economic &
areas.
Low rise office.
through sign code and
residential areas.
Auto -oriented retail.
urban design guidelines.
Neighborhood
commercial.
2. "It is consistent with all applicable provisions of the Chapter and all other applicable
laws."
City Response
Upon review of the proposal, the Department of Community and Economic Development
Planning Division fords the variance request is not consistent with the legislative intent of the
City Council, as FVWRC 19.140.010 "Purpose," includes the following objectives:
"...(2) Promote a positive visual image of the city and protect property values by:
"(a) Encouraging signs that are appropriate and consistent with surrounding buildings and
landscape in both scale and design, appropriate to the size of the subject property and the
amount of street frontage adjacent to the subject property, and appropriate in the relationship
to the size of the building; and....
"(3) Protect the public health, safety, and welfare by regulating the placement, removal,
installation, maintenance, size, and location of signs;
"(4) Support and enhance the economic well-being of all business within the city and in
particular recognize the needs of all business to identify their premises and advertise their
products;
"(5) Assure equal protection and fair treatment under the law through consistent application
of the regulations and consistent enforcement;
McDonalds Sign Variance Request File #13-103954-00-UP / Doc ID 64613
Staff Report to Federal Way Hearing Examiner Page 7 of 9
"(6) Provide consistency with the comprehensive plan;
"(7) Recognize that the aesthetic value of the total environment does affect economic
values of the community and that the unrestricted proliferation of signs can and does detract
from the economic value of the community; ..."
In particular, the purpose language emphasizes aesthetic value and the role of signs within the
context of the built environment. In addition, the purpose language highlights the objective of
consistent and fair application of the sign regulations throughout the community.
3. "It is consistent with the public health, safety, and welfare."
City Response
If the pole sign is retained, it would not be consistent with the character of other freestanding
signs located in commercial zones throughout the city, and would negatively impact the overall
goal of a unified appearance for commercial business corridors. The retention of the pole sign
may also negatively impact adjacent businesses that view the pole sign as an unfair advertising
advantage and/or detraction from the aesthetic value of the built environment.
4. "The streets and utilities in the area of the subject property are adequate to serve the
anticipated demand from the proposal."
City Response
The pole sign location and character is not directly related to the adequacy of streets and
utilities that serve the subject site, and therefore, is not applicable to this variance request.
5. "The proposed access to the subject property is at the optimal location of configuration
for access."
City Response
Not applicable.
XI. FINDINGS OF FACT AND CONCLUSIONS
Based on an analysis of the proposed action and related decisional criteria, the Department of
Community Development fords that:
1. The FWCP designation of the site is Community Business. Zoning of the site is Community
Business (BC).
2. The proposed variance is exempt from the State Environmental Policy Act (SEPA) checklist
review per WAC 197-11-800(6)(b).
The variance request is not consistent with the legislative intent of City Council or the FWCP,
in that the existing sign regulations are intended to result in an overall consistency of sign
scale and design. In addition, the FWCP specifically calls out the "Old Highway 99" section of
Pacific Highway South (where the subject site is located) as an area that requires aesthetic
improvement through application of the sign code.
McDonalds Sign Variance Request File #13-103954-00-UP / Doc ID 64613
Staff Report to Federal Way Hearing Examiner Page 8 of 9
4. The city has conducted an analysis of the required decisional criteria for the sign variance. The
city finds that the required decisional criteria of FWRC 19.70.150(3) and 19.140.180(3) are not
met as identified in Section IX of this staff report. The analysis of the variance decision
criteria in FWRC 19.70.150(3) and 19.140.180(3) is hereby incorporated into the findings of
fact by reference as though set forth in full.
XII. STAFF RECOMMENDATION
Upon review of the variance application and pertinent decisional criteria, the Department of
Community and Economic Development recommends denial of the sign variance request to allow
the applicant's existing pole sign that exceeds the height limit of 12 feet by 23 feet to remain in
place.
TRANSMITTED TO THE PARTIES LISTED HEREAFTER:
1. Federal Way Hearing Examiner
2. - Applicant' Representative: Derek Smith, Freiheit and Ho
5209 Lake Washington Boulevard NE, Suite 200
Kirkland, WA 98033
3. Applicant: Adam Brandenburg, McDonald's U.S.A., LLC
12131 113t' Avenue NE, Suite 103
Kirkland, WA 98034
4. Owner: McDonald's Real Estate Company, a Delaware Corporation
One McDonald's Plaza
Oak Brook, IL 60523
5. Sarady Long, Senior Transportation Planning Engineer
6. Kari Cimmer, Development Services Manager
McDonalds Sign Variance Request File #13-103954-00-UP / Doc ID 64613
Staff Report to Federal Way Hearing Examiner Page 9 of 9
o.
Fevt�61
deral Way
APPLICATION No(S)
rl , MASTER LAND USE APPLICATION
�1 DEPAR'TMrZ4-r OF COMMUNITY DLLorAmNT SERVICES
33325 8'" Avenue South
�r RECEIVE®Federai Way, WA 98003-6325
„ 253-835-2607;Fax 253-835-2609
[ V1� S E P 0.6 2013 www.cttvaf€ederalway.com
�(0.�9 -'�O 0
CITY OF FEDERAL WAY
CDS
Project Name McDonald's, Federal Way, Redondo
Property Address/Location 27515 Pacific Highway South. Federal Way, WA 99003
Parcel Number(s) 332204-9129
Project Description SigLi variance a lication for the existing McDonalds "high rofile' road sigp.
PLEASE PRINT
Type of Permit Required
Annexation
Binding Site Plan
Boundary Line Adjustment
Comp Plan/Rezone
Land Surface Modification
_ Lot Line Elimination
Preapplication Conference
Process I (Director's Approval)
Process If (Site Plan Review)
Process M (Project Approval)
X Process IV (Hearing Examiner's Decision)
Process V (Quasi -Judicial Rezone)
Process VI
SEPA w/Project
SEPA Only
Shoreline: Variance/Conditional Use
Short Subdivision
Subdivision
Variance: Commercial/Residential
Required Information
BC Zoning Designation
BC Comprehensive Plan Designation
$636,600 Value of Existing Improvements
Value of Proposed Improvements
International Building Code (IBC): -
A2 Occupancy Type
V B Construction Type
Applicant
Date
Name: Adam Brandenburg, McDonald's U.S.A., LLC
Address: 12131 113" Ave NE, Suite 103
City/State: Kirland, WA
Zip: 98034
Phone: (425)242-2468
Fax: (4425)242-2498
Email: adam.brandenburg@us.mcd com
Signature:
Agent (if different than Applicant)
Name: Derek Smith; Freiheit & Ho Architects, Inc., P.S.
Address: 5209 Lake Washington Blvd, NE, Suite 200
City/State: Kirkland, WA
Zip: 98033
Phone: (425)827-2100
Fax: (425)828-6899
Email: dsmith fhoarch.com
Signature.
Owner
Nance: McDonald's Real Estate Company, a Delaware corporation
Address: One McDonald's Plaza
City/State: Oak Brook, IL
Zip: 60523
Phone: 630,623.3000 EXHIBIT
Fax: 630,623.7370
Email:
Signature: BY:
Bulletin#003 —January 1, 2011
Page 1 of 1
k-WandoutslMaster Land Use Application
August 27, 2013
Department of Community Development Services
33325 8th Avenue South
Federal Way, WA 98003-6325
ATTN: Hearing Examiner
rnNFreiheit&Ho
M architects
RECEIVED
SEP 0.6 2013
CITY OF FEDERAL WAY
CDS
RE: McDonald's Restaurant, 27515 Pacific Highway South - Sign Variance Request
Non -conforming sign items:
1. Sign height. The height of a medium profile sign shall be calculated at the rate of 0.75 feet in
the sign height for every 10 lineal feet of frontage on a public right-of-way; provided,
however, that sign height shall be calculated at the rate of one and one-half feet in sign
height for every 10 lineal feet of frontage on a public right-of-way for any multi -tenant
complex; and provided further, that such sign shall not exceed a maximum height of 12 feet
and every applicant is entitled to a minimum height of five feet.
• The existing McDonald's road sign is approximately 35'-0" Tall.
Variance from Sion Code Criteria: (For all bullet points, see the attached narrative for further explanation)
A. The literal interpretation and strict application of the provisions and requirements of the sign
regulations would cause undue and unnecessary hardship because of unique or unusual
conditions pertaining to the specific building, parcel or subject property.
Removing the sign would create further traffic congestion.
Due to the single restaurant access point, the removal of the sign would promote
hazardous driving.
B. A sign package consistent with the provisions of this chapter would not provide the use or the
business with effective signs.
• The restaurant sits lower than the street level and is difficult to see without high
profile signage.
The forty-five mile per hour speed limit on Pacific Highway does not provide vehicles
enough time to maneuver without a high profile sign.
C. The variance is necessary because of special circumstances relating to the size, shape,
topography, location or surroundings of the subject property to provide it with use rights and
privileges permitted to other properties in the vicinity and zone in which the subject property is
located. ,
The narrow site & high speed limit make the existing sign crucial for safe vehicle
maneuvering.
Drivers need to identify the restaurant early because there is only one property
access point.
The building site lower than the street level and required additional attention
reduce criminal activity.
EXHIBIT
TEL: 425 827 2100 FAx: 425 828 6899 wee: wwwYHOARCH.COM AnoaEss: 5209 Lake Washington Blvd N.E. I Ste 200 1 Kirkland j WA 198033
�f`PRi"PeF��E�i�'re'rF:PiiPFEPwf:fiiE:F:F:P�fttrE$feE�P.f`�FrP:P.PoPPQFe�F:FP:P:i�f¢fFfiE�o:f"�P�Pe?fCPSF�FiSi
FREIHEITE HO ARCHITECTS, INC. PS.
Mr.&MMfsf:MI:`yMaR.119Pt=aMRfI Mr. Mr. &MMPMMMME:MMF,�P:P.i9Of:
Variance Bullet Points
August 27, 2013
Page 2
D. The variance is not granted for the convenience of the applicant or for the convenience of regional
or national businesses which wish to use a standard sign.
The variance should be granted to promote vehicular safety and to create a safe
environment for restaurant patrons.
E. The special circumstances of the subject property are not the result of the actions of the applicant,
the owner of the property or a self-induced hardship.
The properly owner is attempting to positively contribute the community.
Granting a variance to the sign code, in this instance, will create a safer driving
environment and reduce criminal activity on the property.
F. The granting of the variance will not be materially detrimental to the public welfare or injurious to
the property or improvements in the vicinity and in the zone in which the subject property is
located.
Granting of the variance will be beneficial to public welfare on the restaurant
properly and for the local community.
It would be detrimental to public welfare to remove the existing road sign.
Sincerely,
FREIHEIT & HO ARCHITECTS, INC., P.S.
. � �. -7zmw�
Derek C. Smith
Architectural Designer
SIGN VARIANCE - suLLEr POINTS
August 27, 2013
Department of Community Development Services
33325 8ti' Avenue South
Federal Way, WA 98003-6325
ATTN: Hearing Examiner
RE: McDonald's Restaurant, 27515 Pacific Highway South - Sign Variance Request
Hearing Examiner:
The McDonald's Restaurant, at 27515 Pacific Highway South, has an existing road sign that does
not conform to the current "Federal Way Revised Code". The sign was originally constructed under
different code criteria, which has been restructured and no longer permits "high profile" signage at this
location. The governing code does not coincide with the City of Federal Way, crime prevention or traffic
efficiency objectives and thusly should not apply to our unique condition.
Accident prevention and traffic congestion are linked to driver reaction time. Drive-thru style
business evokes a partnership with the roadway due to in -vehicle service expected by customers. The
sunken elevation of this property, single access point, and forty-five mile per hour speed limit make it
especially important that vehicular customers are provided advanced warning to prevent unsafe or illegal
maneuvering. The current sign code allows for "high profile" signage if a property is at least 15 acres and
has 250 feet of roadway frontage. Our small lot size is the precise reason why the existing road sign
should be permitted. If a less identifiable sign were constructed, as prescribed by the "Federal Way
Revised Code", drivers will make hazardous maneuvers due to insufficient reaction time. Driver safety
must be the most important factor as it relates to business identification along Pacific Highway.
CEPTED (Crime Prevention Through Environmental Design) principals, endorsed by the City of
Federal Way, should overrule the sign code in the event of a contradiction. Replacing the highly visible
road sign with a lower alternative contradicts the first crime prevention principal stating that "the greater
the risk of being seen, challenged, or caught; the less likely (a criminal is) to commit a crime". According
to the updated sign code, we are required to remove a massive amount of attention brought to this site
by the existing sign. CEPTED principals call for "signage to be clearly visible, easy to read and simple to
understand", which further opposes the City's requirement to remove the sign. The building sits much
lower than the street level and relies heavily on visible signage to attract customers. Installation of a "low
profile" sign contradicts the crime prevention principals adopted by the City of Federal Way that are of
higher value than the sign code.
Granting McDonald's a variance to the sign code will benefit public welfare by providing adequate
driver preparation and garnering attention to prevent crime. The existing road sign is a recognizable
element that provides safety to the customers while increasing the efficiency of the roadway.
Sincerely,
FREIHEIT & HO ARCHITECTS, INC., P.S.
2144 if . _741J�
Derek C. Smith
Architectural Designer
SIGN VARIANCE - STATEMENT
EXHIBIT '?
TEL: 425 027 2100 FAY.: 425 6286899 wee www.FHOARCH.COM ADDRESS: 5209 Lake Washington Blvd N.E. I Ste 200 1 Kirkland! WA 198033
FREIHEIT & HO ARCHITECTS, INC., P.S.
5 08 3T'00' E 31035'
PROPOSED ARCH LOSO SISK
— — ! . e PROPOSED ARCH / Q�
EXISTING :, LOGO
McDONALD'S
RESTAURANT
2,945 SQ. FT. (EXIST.)
+784 SQ. FT. (NEW)
3,729 SQ. FT. (TOTAL)
5 80°3T'00' E 195?3'
0
EASTING TRANSFORMER
TO REMAIK
EXISTING 155 50. Fr.
ROAD SIGN ® 2V-O' HIGH
�S
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--
EXISTING
IN6RE55/ - -
E6RE55
1
/
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r
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EXISTIN6 LOW 5H905/
GROUND COVER TO
REMAIN.
SITE PLAN
SCALE, I `+ 10'-0'
N a 5 I o try 4wr.
EXHIBIT C
RECEIVED
SEP 06 20i"s
CRY OF FEDERAL WAY
COS
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fir .. ". _�....�1::.�
YVARIANCE SITE PLAN FOR:
MCDONALD'S FEDERAL WAYI REDONDO4&41Fre�helt Ha
27515 PACIFIC HWY S, FEDERAL WAY, WA 98003
Exhibit D
Examples of Existing Signs that Meet the Current Sign Standards
r
-ew 90!IMi Nc@
�� F�:Ti>a9 �v .`lei% �.� • - ..:
Burger King with Medium Profile monument sign
x
A's3.a a
,off
McDonalds with Medium Profile monument sign
Page 1 of 4
Exhibit D
71R17 ild v
Wendy's with no freestanding sign and building sits below street level
McDonalds with no individual freestanding sign and building sets below street level
Page 2 of 4
PrA r' � - y
41-21
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1�k
Federal Way
September 30, 2013
Mr. Derek Smith
Freiheit & Ho Architects, Inc., P.S.
5209 Lake Washington Blvd NE Suite 200
Kirkland, WA 98033
CITY HALL
33325 8th Avenue South
Federal Way, WA 98003-6325
(253) 835-7000
www, cityoffederalway. com
Re: File #13-103954-00-UP; NOTICE OF COMPLETE APPLICATION
McDonald's at Redondo; 27515 Pacific Highway South, Federal Way
Dear Mr. Smith:
The Community and Economic Development Department is in receipt of your September 6, 2013,
Process IV `Sign Variance' Master Land Use application. The applicant is requesting a variance from
Federal Way Revised Code (FWRC) Chapter 19.140, "Signs," and FWRC 19.30.100, "Nonconforming
Signs." Pursuant to FWRC 19.15.045, the department is responsible for notifying the applicant of its
completion status within 28 days of the submitted application.
NOTICE OF COMPLETE APPLICATION
Please consider this correspondence a formal Letter of Complete Application. This complete application
determination is based on a review of your submittal, relative to those requirements as set forth in FWRC
19.15.040. The submittal requirements are not intended to determine if an application conforms to the
City of Federal Way codes; they are used only to determine if all required materials have been submitted.
Having met the submittal requirements, a Notice of Application will be published in the Federal Way
Mirror, posted on the city's official notice boards, and mailed to property owners within 300 feet of the
subject property.
The applicant is responsible for posting a notification board prepared by the city. The notification board
will be ready for pick up at the Permit Center "Will Call" area by 8:00 am Wednesday, October 2, 2013.
The board must be installed on the subject property along the Pacific Highway South frontage no later
than October 11, 2013.
NEXT STEP
A technical review of the variance application will now begin. The Hearing Examiner will issue a
decision on the application within 120 days of this letter. Please be advised that the 120-day review time
will stop whenever the city or agencies with jurisdiction request corrections, additional studies, or
information. The 120-day review time will begin within 14 days from the date the information has been
provided to the city_
Mr. Derek Smith
Page 2
September 30, 2013
A notice of public hearing will be issued at least 14 days prior to the hearing date and a staff report with
recommendation will be made available within seven days of the public hearing.
CLOSING }
lationei with the enclosed resubmittal form. If you have any
Please resubmit the sign instal
questions regarding your project, please con ct me at net shEill(a7ci offederalwa +�com, or 253-835-
2644.
Sincerely,
JS)
net Shull, AICP
n for Planner
enc: Bulletin 035, `Instructions for Public Notice Sign'
Bulletin 036, `Sign Installation Certificate'
Bulletin 129, `Resubmittal Information'
c: Stacey Curry, Planning Intern
Doc I.D. 64223
File 913-103954-00-UP
o yte
4%L
CITY OF 4:��
Federal Way
MASTER LAND USE APPLICATION
DEPART1V1 XY OF CommuNTTY DEVELOPMENT SERVICES
33325 8'" Avenue South
r RECEIVEDFederal Way, WA 98003-6325
253-835-2607;Fax 253-835-2609
�� SEP 06 2013 www,cityoffederalway.cnm
�
CITY OF FEDERAL WAY
APPLICATION No(s) CDS Date _._.. I � ` �/ ✓ � s•I � 11 P
Project Name McDonald's Federal Way, Redondo
Property Address/Location 27515 Pacific Higbway South. Federal Way, WA 98003
Parcel Number(s) 332204-9129
Project Description Sign variance a lioatian for the existin McDonalds "high profile?'road si .
PIXASE 14UNT
Type of Permit Required
Annexation
Binding Site Plan
Boundary Line Adjustment
Comp Plan/Rezone
Land Surface Modification
Lot Line Elimination
Preapplication Conference
Process I (Director's Approval)
Process If (Site Plan Review)
Process TIT (Project Approval)
X Process TV (Hearing Examiner's Decision)
Process V (Quasi -Judicial Rezone)
Process VI
SEPA w/Project
SEPA Only
Shoreline: Variance/Conditional Use
Short Subdivision
Subdivision
Variance: Commercial/Residential
Required Information
BC Zoning Designation
BC Comprehensive Plan Designation
$636,600 Value of Existing Improvements
Value of Proposed Improvements
International Building Code (IBC):
A2 Occupancy Type
V-B Construction Type
Applicant
Name: Adam Brandenburg, McDonald's U.S.A., LLC
Address:.12131 113'b Ave NE, Suite 103
City/State: Kirkland, WA
Zip: 98034
Phone: (425)242-2468
Fax:(425)242-2498
Email: adam.brandenburg@us.uncd.com
Signature:
Agent (if different than Applicant)
Name: Derek Smith; Freiheit & Ho Architects, Inc., P.S.
Address: 5209 Lake Washington Blvd, NE, Suite 200
City/State: Kirkland, WA
Zip: 98033
Phone: (425)827-2100
Fax: (425)828-6899
Email: dsmith(a7fhoarch.com
Signature: a' `•"
Owner
Name: McDonald's Real Estate Company, a Delaware corporation
Address: One McDonald's Plaza
City/State: Oak Brook, IL
Zip: 60523
Phone: 630,623.3000
Fax: 630.623.7370
Email:
Signature: BY:
Bulletin #003 —January 1, 2011
Page 1 of l
k:ll-landoutslMaster Land Use Application
August 27, 2013
Department of Community Development Services
33325 8a' Avenue South
Federal Way, WA 98003-6325
ATrN: Hearing Examiner
RhFreiheit & Ho
1 architects
RECEIVED
cro A g 9f it
CITY OF
RE: McDonald's Restaurant, 27515 Pacific Highway South - Sign Variance Request
Non-confo ming si n items:
1. Sign height. The height of a medium profile sign shall be calculated at the rate of 0.75 feet in
the sign height for every 10 lineal feet of frontage on a public right-of-way; provided,
however, that sign height shall be calculated at the rate of one and one-half feet in sign
height for every 10 lineal feet of frontage on a public right-of-way for any multi -tenant
complex; and provided further, that such sign shall not exceed a maximum height of 12 feet
and every applicant is entitled to a minimum height of five feet.
• The existing McDonald's road sign is approximately 35'-0" Tall.
Variance from Sign Code Criteria: (For all bullet points, see the attached narrative for further explanation)
A. The literal interpretation and strict application of the provisions and requirements of the sign
regulations would cause undue and unnecessary hardship because of unique or unusual
conditions pertaining to the specific building, parcel or subject property.
• Removing the sign would create further traffic congestion.
• Due to the single restaurant access point, the removal of the sign would promote
hazardous driving.
B. A sign package consistent with the provisions of this chapter would not provide the use or the
business with effective signs.
The restaurant sits lower than the street level and is difficult to see without high
profile signage.
• The forty-five mile per hour speed limit on Pacific Highway does not provide vehicles
enough time to maneuver without a high profile sign.
C. The variance is necessary because of special circumstances relating to the size, shape,
topography, location or surroundings of the subject property to provide it with use rights and
privileges permitted to other properties in the vicinity and zone in which the subject property is
located.
The narrow site & high speed limit make the existing sign crucial for safe vehicle
maneuvering.
Drivers need to identify the restaurant early because there is only one property
access point.
The building site lower than the street level and required additional attention to
reduce criminal activity.
TEL: 425 827 2100 : 425 828 6899 www.FHOARCH.CCIM .-__..___ . 5209 Lake Washington Blvd N.E. 15te 200 1 Kirkland I WA 198033
FREIHEIT E HO ARCHITECTS, INC. P.S
Variance Bullet Points
August 27, 2013
Page 2
D. The variance is not granted for the convenience of the applicant or for the convenience of regional
or national businesses which wish to use a standard sign.
• The variance should be granted to promote vehicular safety and to create a safe
environment for restaurant patrons.
E. The special circumstances of the subject property are not the result of the actions of the applicant,
the owner of the property or a self-induced hardship.
• The property owner is attempting to positively contribute the community.
Granting a variance to the sign code, in this instance, will create a safer driving
environment and reduce criminal activity on the property.
F. The granting of the variance will not be materially detrimental to the public welfare or injurious to
the property or improvements in the vicinity and in the zone in which the subject property is
located.
• Granting of the variance will be beneficial to public welfare on the restaurant
property and for the local community.
• It would be detrimental to public welfare to remove the existing road sign.
Sincerely,
FREIHEIT & HO ARCHITECTS, INC., P.S.
ova C • m'vu�
Derek C. Smith
Architectural Designer
SIGN VARIANCE - BULLET POINTS
lFreiheit & Ho
architects
August 27, 2013
Department of Community Development Services
33325 8th Avenue South
Federal Way, WA 98003-6325
ATTN: Hearing Examiner
RE: McDonald's Restaurant, 27515 Pacific Highway South - Sign Variance Request
Hearing Examiner:
The McDonald's Restaurant, at 27515 Pacific Highway South, has an existing road sign that does
not conform to the current "Federal Way Revised Code". The sign was originally constructed under
different code criteria, which has been restructured and no longer permits "high profile" signage at this
location. The governing code does not coincide with the City of Federal Way, crime prevention or traffic
efficiency objectives and thusly should not apply to our unique condition.
Accident prevention and traffic congestion are linked to driver reaction time. Drive-thru style
business evokes a partnership with the roadway due to in -vehicle service expected by customers. The
sunken elevation of this properly, single access point, and forty-five mile per hour speed limit make it
especially important that vehicular customers are provided advanced warning to prevent unsafe or illegal
maneuvering. The current sign code allows for "high profile" signage if a property is at least 15 acres and
has 250 feet of roadway frontage. Our small lot size is the precise reason why the existing road sign
should be permitted. If a less identifiable sign were constructed, as prescribed by the "Federal Way
Revised Code", drivers will make hazardous maneuvers due to insufficient reaction time:. Driver safety
must be the most important factor as it relates to business identification along Pacific Highway.
CEPTED (Crime Prevention Through Environmental Design) principals, endorsed by the City of
Federal Way, should overrule the sign code in the event of a contradiction. Replacing the highly visible
road sign with a lower alternative contradicts the first crime prevention principal stating that "the greater
the risk of being seen, challenged, or caught; the less likely (a criminal is) to commit a crime". According
to the updated sign code, we are required to remove a massive amount of attention brought to this site
by the existing sign. CEPTED principals call for "signage to be clearly visible, easy to read and simple to
understand", which further opposes the City's requirement to remove the sign. The building sits much
lower than the street level and relies heavily on visible signage to attract customers. Installation of a "low
profile" sign contradicts the crime prevention principals adopted by the City of Federal Way that are of
higher value than the sign code.
Granting McDonald's a variance to the sign code will benefit public welfare by providing adequate
driver preparation and garnering attention to prevent crime. The existing road sign is a recognizable
element that provides safety to the customers while increasing the efficiency of the roadway.
Sincerely,
FREIHEIT & HO ARCHITECTS, INC., P.S.
Derek C. Smith
Architectural Designer
SIGN VARIANCE - STATEMENT
425 827 2100 ...- 42582861399 www.FHOARCH.COM : 5209 Lake Washington Blvd N.E. I Ste 200 1 Kirkland I WA 198033
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A.'Mdavit of Publication
Rudi Alcott, being first duly sworn on oath, deposes and says that he is the Publisher of
The Federal Way Mirror, a semi -weekly newspaper. That said newspaper is published
in the English language continually as a semi -weekly newspaper in Federal Way. ling
County. Washington, and is now and during all of said time has been printed in an office
maintained by the aforementioned place of publication of said newspaper.
That the annexed is a true copy of a legal advertisement planed by
City of Federal Way — Economic Development
as it was published in regular issues {and not in supplemental form) of said newspaper
once each week for a period of one consecutive weeps(s), commencing on the 29th day
of November 2013_, and ending on the 29th day of November 2013, both dates
inclusive. and that such newspaper was regularly distributed to its readers during ail of
said period.
That the full amount of the fee charged for the foregoing publication is the sutr, of
126.9D, wNch amount has been paid in full. or billed at the legal rate according to
RCW 65.16.020.
Subscribed to and swam before me this 27th clay of January 2014.
Notary Public in and for the State of Washington,
Residing at Buckley
DECLARATION OF MAILING
McDonald's Sign Variance
13-103954-00-UP
I, Kristen Olbrechts, make the following declaration:
1. I am a resident of the State of Washington, over the age of 18 years, not a
party to this action, and competent to be a witness herein.
2. On the bth day of January, 2014,1 mailed, via First Class U.S. Mail, a true
and correct copy of the FINDINGS OF FACT, CONCLUSIONS OF LAW AND
DECISION to the following addresses:
Derek Smith
Freiheit and Ho
5209 Lake Washington Blvd NE, Suite 200
Kirkland, WA 98033
Adam Brandenburg
McDonald's USA, LLC
12131 113t' Ave Ne, Suite 103
Kirkland, WA 98034
McDonald's Real Estate Company
One McDonald's Plaza
Oak Brook, IL 60523
Carol McNeilly, City Clerk
33.325 8th Ave S.
Federal Way, WA 98003
I declare under penalty of perjury under the laws of the State of Washington that
the foregoing is true and correct.
EXECUTED at Granite Falls, Washington, this 21" day of January, 2014.
1
KristeJ E.Olbrechts
BEFORE THE HEARING EXAMINER FOR THE CITY OF FEDERAL WAY
Phil Olbrechts, Hearing Examiner
RE: McDonald's Sign Variance
FINDINGS OF FACT, CONCLUSIONS OF
13-103954-00-UP I LAW AND DECISION
INTRODUCTION
The applicant requests approval of a variance to retain a nonconforming sign McDonald's sign
that is 23 feet higher than the 12 foot maximum height requirement. The sign has to conform to
current sign code standards because the applicant is expanding the McDonald's. The variance is
denied. The applicant's primary argument is that the 12 foot height requirement will cause a
traffic hazard. The applicant asserts that motorists will not see a 12 foot sign in time to
maneuver safely to the advertised McDonald's. The traffic hazard evidence provided by the
applicant is not persuasive and there is nothing inherently unique about a McDonald's sign
located on SR 99.
A variance is a land use decision designed to provide exceptions to applications of land use
regulation to properties with unique characteristics that lead to consequences that were
unintended and unforeseen by the City Council when adopting those regulations. No one can
seriously argue that the removal of a McDonald's pole sign. on SR 99 is an unforeseeable
circumstance beyond the City Council's imagination when it adopted its amortization
requirements. The applicant's real issue is that the amortization requirements are unfairly
burdensome on private business owners. That is a serious and compelling concern. However,
that is also a policy choice that is beyond the jurisdiction of the hearing examiner.
ORAL TESTIMONY
Staff Testimony
Janet Shull stated that the application is for a sign variance located at 27515 Pacific Highway. The sign is
for a McDonald's restaurant. The site is located towards the northern city limits of Federal Way. The
request is to allow an existing non -conforming 35ft pole sign to remain in place. The applicant has
applied for a building permit to remodel the existing McDonald's restaurant. This permit application
triggers a loss of legal non -conforming sign status. If there was no application, as of January, 2015, the
sigh would be required to conform anyway as a result of an amortization requirement requiring
conformance within ten years of annexation. FWRC 19.140.140(2) specifies medium -profile sign
requirements. The applicant is requesting to vary from these requirements. Exhibit D of the staff report
shows the placement of the existing sign in relation to the McDonald's buildings. Pages 4-6 of the staff
report discuss the criteria for sign variances. Staff found that the applicant failed to demonstrate a unique
condition requiring the variance. There is nothing unusual about the site in comparison with other fast
food restaurants in the area. Staff also found that the applicant is capable of meeting the city's sign
requirements. The variance is not necessary to provide the business with rights and privileges given to
Variance P. 1 Findings, Conclusions and Decision
other businesses in the vicinity. Additionally, the variance would be detrimental to the aesthetic of the
commercial corridor and could be perceived as an unfair advertising advantage. Another McDonald's in
the area, on 320th Street, has a medium -profile sign that meets the code standard, thus it is not impossible
for the applicant to meet the same standards. In regard to the hearing examiner criteria, staff found that
retention of the pole sign would not be consistent with Federal Way's Comprehensive Plan. The variance
request is not consistent with the purpose of the sign regulations. The retention of the pole sign would
negatively impact the overall community image and negatively impact the welfare of neighboring
businesses that might perceive an unfair advertising advantage. The criteria regarding street utility do not
apply to this application. Staff recommends denial of the variance based on these considerations.
Under questioning by the hearing examiner, Ms. Shull noted that Public Works does not agree with the
applicant's argument that removal of the sign will create a traffic hazard. No traffic studies have been
conducted. The current sign code was adopted in 1995, and many signs have been replaced to meet the
new standards. No traffic problems have been created during this process. Ms. Shull does not know if
Public Works has been monitoring the traffic in areas where signs have been modified to meet the current
standards; however, staff has not noticed any increase in traffic accidents over the last twenty years. The
city does investigate traffic incidents, and no citizen has stated that lack of signage was the cause of
his/her incident.
Applicant Testimony
Jamie Love, architect for applicant, stated that the variance is necessary for the visibility of the restaurant
as cars approach the site. The topography of the area limits visibility of the site as cars approach. There
is a fairly steep embankment from the north which limits cars seeing the restaurant. The sign serves as
the primary way to warn motorists that the McDonald's is approaching. At this site, the visibility of the
building is limited because of its surroundings. The sign allows motorists to prepare to turn which will
prevent traffic incidents. Ms. Love provided photographs from Google street view to demonstrate this
limited visibility. Northbound passengers have an especially limited view when approaching the
McDonald's. Ms. Love designed the McDonald's remodel. She is not a traffic specialist and no traffic
engineers were consulted in the design process.
Hyung Zup Alin, owner of the restaurant, stated he has lived in Federal Way since 1990. The sign is
essential for motorists to see the restaurant. The sign provides the only light to promote the business at
night. Without the sign, he will lose business to other McDonald's such as the one in nearby Kent which
is a city that still allows large signs. He is remodeling his restaurant and cannot afford to lose any
business. Before the site was annexed, the sign was legal. No nearby businesses have complained about
the sign. The McDonald's on 320`h is on a higher grade so it is more visible to motorists. Federal Way
should protect its small business owners, and the sign ensures safety for motorists.
Staff Rebuttal
Janet Shull testified that the applicant has not met any of the criteria listed in the code. Staff found that
the McDonald's does not have a unique topographical situation requiring a variance. This business will
have the same allowances for a free-standing sign based on businesses with comparable topography. The
applicant is allowed a free-standing sign, but will need to remove the pole -sign. Additionally, staff feels
the pole -sign does not meet the aesthetic intent of the city and allowing the pole -sign is an unfair
advantage. In regard to exhibit D of the staff report, the Burger King sign is 12ft. All signs depicted in
exhibit D are compliant with code standards. The city does consider topography when approving signs so
some signs in the area are greater than 12ft. These topographical considerations are reviewed on a case -
Variance p. 2 Findings, Conclusions and Decision
by -case basis. In regard to the Public Works review, Ms. Shull consulted traffic engineers during the
review process. Specifically, she spoke with Mr. Sarady Long, senior transportation planning engineer.
Applicant Rebuttal
Ms. Love reiterated that the applicant believes the site has a unique topography that requires a sign
variance to provide safety to motorists. The medium -profile sign does not provide the necessary
visibility.
EXHIBITS
The December 18, 2013 staff report and all its attachments were admitted as Exhibit 1 during the
hearing. In addition, the City's power point presentation was admitted as Exhibit 2. Four
photographs of Pacific Highway were entered into the record by the applicant as Ex. 3.
FINDINGS OF FACT
Procedural:
AWlicant. The applicant is McDonald's USA, LLC.
2. Hearing. The Hearing Examiner conducted a hearing on the application at 3:00 pm at
Federal Way City Hall on December 18, 2013. The examiner conducted a site visit after the
hearing.
Substantive:
3. Site/Proposal Description. The applicant requests approval of a variance to retain a
nonconforming McDonald's sign that is 23 feet higher than the 12 foot maximum height
requirement. The sign has to conform to current sign code standards because the applicant is
expanding the McDonald's. In addition to the height issue, the sign may also violate setback and
other sign requirements. FWRC 19.140.140 limits sign height to 12 feet and the applicant
proposes to retain the sign at its 35 foot height. The existing sign is located at 27515 Pacific
Highway South. The McDonald's fronts and has access to Pacific Highway South (SR 99).
The applicant has applied for development permits to remodel the McDonald's. Land use
approval for the remodel has been approved and building permit approval is pending. FWRC
19.30.100(7)(a) requires a nonconforming signs to be made conforming if structural changes are
made to the advertised business. The remodel includes an expansion in building area, which is a
structural change that triggers the conformance requirement of FWRC 19.30.100(7)(a).
Even absent the remodel, the sign will have to be made conforming by January 1, 2015 by
operation of FWRC 19.30.100(5), which requires that all signs be made conforming within 10
years of the adoption of the City's current sign code or ten years from the date of annexation for
signs annexed after February 28, 2000. The subject sign was annexed into Federal Way on
January 1, 2005. City staff testified that the City has actively enforced the amortization of all
nonconforming signs in the City and that businesses have complied with the amortization
requirements.
Variance p. 3 Findings, Conclusions and Decision
4. Characteristics of the Area. The subject site is surrounded by BC zoned property. A
fitness club is located directly to the north, other commercial development is located to the west
and south, and a Metro park and ride is located across Pacific Highway South to the east.
5. Adverse Impacts. In adopting the 12 foot sign height requirement, the Federal Way City
Council has determined that signs exceeding 12 feet in height in the BC zone create adverse
aesthetic and other impacts. There is nothing in the record that sets apart the sign of this
variance request from the impacts that were of concern to the City Council in enacting the 12
foot height limit.
6. SpeciallUnique Circumstances. There are no special or unique circumstances
pertaining to the subject building or property that justify a variance. There is nothing unique
about a popular fast food restaurant located on SR 99 in regards to sign height issues.
The applicant's primary argument is that the McDonald's parcel is small with low visibility and
that a higher sign is necessary to prevent safety problems by persons making abrupt traffic
maneuvers because a 12 foot sign would not provide sufficient notice of the McDonald's
location. The applicant's argument is based upon the opinion of the applicant's architect, who
has no training or expertise in traffic safety. In contrast, one of the City's traffic engineers has
reviewed the variance request and concluded that there is no traffic safety problem associated
with the 12 foot height limit. Further, the City has been actively enforcing its sign amortization
program and the public works department has seen no rise in accidents or any traffic safety
problems arise from enforcement of the 12 foot height requirement.
The applicant also notes that the grade of the McDonald's property is several feet below the
grade of Pacific Highway South. Sign height is measured from the street grade, so the lower
grade of the McDonald's property has no impact on sign visibility. The grade separation could
reduce the visibility of the McDonald's building from Pacific Highway South. The applicant
does not identify the amount of grade separation involved. The photographs of the site admitted
into the record and the site visit did not reveal any significant reduction in building visibility due
to the grade separation. Further, staff have submitted several photographs into the record of
other fast food restaurants with conforming signs located below street grade. Grade separation
does not appear to be a unique or insurmountable hardship.
The applicant also argues that a lower sign will reduce the number of patrons, which will result
in an increase in crime. This is not an impact that results from any special or unique
circumstances of the site. The alleged crime impact also does not relate to any other variance
criteria.
CONCLUSIONS OF LAW
Procedural:
Variance p. 4 Findings, Conclusions and Decision
1. uthority of Hearing Examiner: FWRC 19.70.150 provides that the Examiner shall issue
a written decision on Process IV applications. FWRC 19.70.210 provides that the Examiner's
decision is appealable to the City Council.
Substantive:
2. Zoninp Designation: Community Business (BC).
3. Review Criteria and Application. FWRC 19.45.010 requires Process IV review for
variances. Process IV criteria are governed by FWRC 19.70.150(3). A variance must also
satisfy the variance criteria of FWRC 19.45.030. All applicable criteria are quoted in italics
below and applied to the application under corresponding Conclusions of Law.
FWRC 19.45.030 Variance Criteria
(I) That the variance will not constitute a grant of special privilege inconsistent with the
limitations upon uses of other properties in the vicinity and zone in which the subject properly
is located.
4. The criterion is not met. Approval of the sign variance will clearly grant the applicant a
special privilege that is inconsistent with the height limitations enforced upon other businesses
within the vicinity and zone within which the property is located. Staff testified that the City has
been actively enforcing the City's sign amortization requirements throughout the City.
Consequently, it is anticipated that all nonconforming signs in the annexation area of the subject
sign will be required to be made conforming by the January 1, 2015 amortization date. Approval
of the variance would enable the McDonald's sign to tower above the signs of surrounding
businesses, giving the applicant a substantial advantage over competing businesses.
(2) That the variance is necessary because of special circumstances relating to the size,
shape, topography, location or surroundings of the subject property to provide it with use
rights and privileges permitted to other properties in the vicinity and zone in which the subject
property is located.
5. The criterion is not met. As determined in FOF No. 6, there are no special circumstances
associated with the subject property.
(3) That the granting of the variance will not be materially detrimental to the public
welfare or injurious to the property or improvements in the vicinity and zone in which the
subject property is located.
6. The criterion is not met. As determined in Finding of Fact No. 5, there are adverse
aesthetic and other impacts associated with signs exceeding 12 feet in height in the CB zone.
(4) That the special circumstances of the subject property are not the result of the actions
of the owner of the subject property.
Variance p. 5 Findings, Conclusions and Decision
7. The criterion is not met. There are no special circumstances associated with the subject
property.
Hearing Examiner Review Process IV Decisional Criteria, FWRC 19.70.150(3):
(a) It is consistent with the comprehensive plan.
8. The proposal is not consistent with Federal Way Comprehensive as outlined at pages 6-7
of the staff report.
(b) It is consistent with all applicable provisions of this chapter and all other applicable
laws.
9. The proposal is not consistent with the legislative purpose of the City's zoning code as
discussed at page 7-8 of the staff report.
(c) It is consistent with the public health, safety, and welfare.
10. The proposal would have the negative impacts identified in Finding of Fact No.5 and
would give the applicant an unfair competitive advantage over businesses that comply with
current City standards. Approval of the variance would be inconsistent with the public health,
safety and welfare.
Hearing Examiner Review Process IV Decisional Criteria, FWRC 19.70.150(d):
(d) The streets and utilities in the area of the subject property are adequate to serve the
anticipated demand from the proposal.
11. N/A.
(e) The proposed access to the subject property is at the optimal location and configuration
for access.
12. As determined in Finding of Fact No. 6, the applicant has not established that a 12 foot
sign would create access safety issues given the access of the site from Pacific Highway South.
The criterion above is not otherwise relevant to the variance request.
(f) Traffic safety impacts for all modes of transportation, both on and off site, are
adequately mitigated.
13. As previously noted , the applicant has not established that the 12 foot sign height would
create traffic safety issues. The criterion above is otherwise not applicable to the variance
request.
DECISION
The variance does not meet all applicable variance criteria and is denied.
Variance p. 6 Findings, Conclusions and Decision
Dated this 2nd day of January, 2014.
Ph A.Olbrechts
Hearing Examiner
City of Federal Way
Right of Appeal
This decision may be appealed to the City Council as governed by FWRC 19.70.170, which
provides as follows:
FWRC 19.70.170 Appeals of the hearing examiner's decision.
(1) Who may appeal. The decision of the hearing examiner, which is not the final decision of
the city, may be appealed by the applicant, persons who submit written or oral comments to the
hearing examiner, persons who specifically request a copy of the written decision, or by the city.
(2) How and when to appeal. A written notice of appeal must be delivered to the department
within 14 calendar days after issuance of the decision of the director. The appeal must be
accompanied by cash or a check, payable to the city of Federal Way, in the amount of the fee as
established by the city. The notice of appeal must contain:
(a) A statement identifying the decision being appealed, along with a copy of the
decision;
(b) A statement of the alleged errors in the hearing examiner's decision, including
specific factual findings and conclusions of the hearing examiner disputed by the person filing
the appeal; and
(c) The appellant's name, address, telephone number and fax number, and any other
information to facilitate communications with the appellant.
(3) Transcript. The appellant shall either pay an amount sufficient to cover the cost of
preparing the written transcript of the hearing examiner hearing, at the cost of $16.00 per hour,
or make separate arrangements to prepare the transcript from tapes of the hearing provided by
the city, at appellant's sole cost. The prepared transcript shall be submitted to the city hearing
examiner secretary for distribution no later than 20 days prior to the date of the hearing on
appeal, and shall be accompanied by an affidavit or certification by the appellant as to the
accuracy and completeness of the transcript.
The cost of the transcript shall be refunded to the appellant if the appellant substantially
prevails on appeal. The city council shall decide whether appellant substantially prevailed on
appeal and that decision shall be final. The transcript refund shall be limited to actual costs of
transcript preparation as follows:
(a) City staff preparation. Hourly cost of preparation.
(b) Appellant preparation from tapes. Actual costs as shown by certified receipt or other
evidence sufficient to the city.
Variance p. 7 Findings, Conclusions and Decision
(4) Jurisdiction. Appeals from the decision of the hearing examiner will be heard by city
council.
CHANGE IN VALUATION
Notice is given pursuant to RCW 36.70B.130 that property owners who are affected by this
decision may request a change in valuation for property tax purposes notwithstanding any
program of revaluation.
Variance P. 8 Findings, Conclusions and Decision
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CITY OF
Federal Way
DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT
33325 8t" Avenue South
Federal Way WA 98003
253-835-7000; Fax 253-835-2609
www.cJtyoffedeMKXQL=
DECLARATION OF DISTRIBUTION
n�� 1
hereby declare, under penalty of perjury of the laws of the State of
Washington, that a. f
❑ Notice of Land Use Application/Action
❑ Notice of Determination of Significarce
(DS) and Scoping Notice
❑ Notice of Environmental Determination
of Nonsignificance (SEPA, DNS)
❑ Notice of Mitigated Environmental
Determination of Nonsignificance (SEPA,
MDNS)
❑ Notice of Land Use Application &
Optional DNS/MDNS
❑ FWRC Interpretation
❑ Other
❑ Land Use Decision Letter
Notice of Public Hearing before the
Hearing Examiner
❑ Notice of Planning Commission Public
Hearing
❑ Notice of LUTC/CC Public Hearing
❑ Notice of Application for Shoreline
Management Permit
❑ Shoreline Management Permit
❑ Adoption of Existing Environmental
Document
was ❑ mailed ❑ faxed Ere mailed and/or ❑ posted to or at each of the attached addresses on
r
2013.
Project Name
File Number(s)
Signature .% `t Date=�•��
K:\CD Administration Files\Declaralion of Distribufion.doc/Last printed 11 /19/2013 3:05:00 PM
Posted Sites:
Federal Way City Hall: 33325 8h Ave South
Federal Way Library: 34200 Ist Way South
Federal Way 320h Library: 848 S. 320h St
K:\CD Administration Files\Dec laration of Distribution.doc/Last printed 11 /19/2013 3:05:00 PM
I , -�k
MY €3F
Federal Way
NOTICE OF LAND USE PUBLIC HEARING
Notice is hereby given that the City of Federal Way Hearing Examiner will hold a public hearing at 3:00 p.m., or
shortly thereafter, on Wednesday, December 18, 2413, in Federal Way City Council Chambers (33325 8`h
Avenue South, Federal Way, WA 98003) for the following project, in accordance with the Federal Way Revised
Code (FWRC).
Project Name: McDonalds Sign Variance
File No. 13-103954-00-UP
Description: Sign variance request to allow for an existing 35-foot tall nonconforming pole- mounted sign to
remain on site. The existing sign is subject to removal per FWRC 19.30.090, "Nonconforming
Development" and 19.30.100, "Nonconforming Signs."
Citation: FWRC Chapter 19.140.180, et seq. (Variance from Sign Code)
Applicant/Owner: Adam Brandenburg, McDonald's U.S.A. LLC
12131 113"' Avenue NE, Suite 103, Kirkland, WA 98034
Project Location: 27515 Pacific Highway South, Federal Way, WA 98003 (Parcel #332204-9129)
Date Application Received.• September 6, 2013
Date Determined Complete: September 30, 2013
Date of Notice of Application: October 11, 2013
Relevant Environmental Documents Are Available at the Address Below: —Yes X No
Development Regulations to be Used for Project Review Known at this Time: FWRC Title 19, "Zoning and
Development Code"
Consistency with Applicable City Plans and Regulations: The project will be reviewed for consistency with all
applicable codes and regulations, including the FWRC.
Environmental Determination: The project is categorically exempt from environmental review.
Public Hearing Process: Any person may participate in the public hearing by submitting written comments to the
Hearing Examiner either by delivering comments to the Department of Community and Economic Development
before the hearing, or by appearing at the hearing and presenting public testimony in person, or through a
representative. The Hearing Examiner will issue a recommendation on the Use Process IV application within ten
working days after the close of the hearing. Any person has the right to request a copy of the Hearing Examiner's
decision, once made. Only persons who submit written or oral comments to the Hearing Examiner may appeal the
Hearing Examiner's decision. The application is to be reviewed under all applicable codes, regulations, and policies of
the City of Federal Way.
The official file for the above project is available for review during business hours at the permit counter at Federal
Way City Hall (33325 8"' Avenue South, Federal Way, WA 98003). The staff report to the Hearing Examiner will be
available for review one week before the hearing. Questions regarding this project should be directed to Senior Planner
Janet Shull, AICP, at 253-835-2644, or janet.shull c@cityoffederalway.com.
Published in the Federal Way Mirror on November 29, 2013.
Doc I D. 64518
Tina Piety
From: Mary Lou Goss <mgoss@fedwaymirror.com>
Sent: Monday, November 25, 2013 10:42 AM
To: Tina Piety
Subject: Re: Legal Notice
Good Morning Tina -
We are all set to go. Although the paper is being delivered late on the 27th the date on the paper will read Friday
November 29th, I made the change on the ad, hope that is ok :)
Mary Lou
Mary Lou Goss
Office Coordinator/
Advertising Sales Consultant
Office: 253-925-5565, Ext 3056
Internal: 02-3056
31919 1st Ave S, Ste 101, Federal Way, WA 98003
Sound Publishing, Inc.
Map Print Rates Online Rates Media Kit Sound Info
On Mon, Nov 25, 2013 at 9:34 AM, Tina Piety Cl wrote:
Hello,
Please publish the attached legal notice (McDonald's Sign Variance Notice of Public Hearing, 13-103954-00-
UP) in Wednesday's (11/27/13) issue. Please furnish an affidavit of publication. Thank you,
Tina Piety, Administrative Assistant II
Department of Community and Economic Development
City of Federal Way
33325 8th Avenue South
Federal Way, WA 98003-6325
253-835-2601; Fax 253-835-2609
DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT
33325 8th Avenue South
Federal Way WA 98003
253-835-7000; Fax 253-835-2609
CITY OF
F� d � �� Waywww.eit affederalwa .c m
DECLARATION OF DISTRIBUTION
1, _ r hereby declare, under penalty of perjury of the laws of the State of
Washington, that a:
❑ Notice of Land Use Application/Action
❑ Notice of Determination of Significance
(DS) and Scoping Notice
❑ Notice of Environmental Determination
of Nonsignificance (SEPA, DNS)
❑ Notice of Mitigated Environmental
Determination of Nonsignificance (SEPA,
MDNS)
❑ Notice of Land Use Application &
Optional DNS/MDNS
❑ FWRC Interpretation
❑ Other
❑ Land Use Decision Letter
Notice of Public Hearing before the
Hearing Examiner
❑ Notice of Planning Commission Public
Hearing
❑ Notice of LUTC/CC Public Hearing
❑ Notice of Application for Shoreline
Management Permit
❑ Shoreline Management Pemit
❑ Adoption of Existing Environmental
Document
was mailed ❑ faxed ❑ e-mailed and/or ❑ posted to or at each of the attached addresses on
2013.
Project Name
f,
File Number(s) Z3
Signature _ Date
K:\CD Adminislrolion Files\Declaration of Di5lrbu13bn.dDC1ted 1 1 /19/2013 3:05:00 PM
Posted Sites:
Federal Way City Hall: 33325 gh Ave South
Federal Way Library: 34200 lst Way South
Federal Way 320h Library: 848 S. 32dh St
K:\CD Administration Files\Declaration of Dislribution.doc/Last printed 11 /19/2013 3:05:00 PM
4��
CITY of
Federal Way
NOTICE OF LAND USE PUBLIC HEARING
Notice is hereby given that the City of Federal Way Hearing Examiner will hold a public hearing at 3:00 p.m., or
shortly thereafter, on Wednesday, December 18, 2013, in Federal Way City Council Chambers (33325 V"
Avenue South, Federal Way, WA 98003) for the following project, in accordance with the Federal Woy Revised
Code (FWRC).
Project Name: McDonalds Sign Variance
File No. 13-103954-00-UP
Description: Sign variance request to allow for an existing 35-foot tall nonconforming pole- mounted sign to
remain on site. The existing sign is subject to removal per FWRC 19.30.090, "Nonconforming
Development" and 19.30.100, "Nonconforming Signs."
Citation: FWRC Chapter 19.140.180, et seq. (Variance from Sign Code)
Applicant/Owner: Adam Brandenburg, McDonald's U.S.A. LLC
12131 113t" Avenue NE, Suite 103, Kirkland, WA 98034
Project Location: 27515 Pacific Highway South, Federal Way, WA 98003 (Parcel #332204-9129)
Date Application Received: September 6, 2013
Date Determined Complete: September 30, 2013
Date of Notice of Application: October 11, 2013
Relevant Environmental Documents Are Available at the Address Below: —Yes X No
Development Regulations to be Used for Project Review Known at this Time: FWRC Title 19, "Zoning and
Development Code"
Consistency with Applicable City Plans and Regulations: The project will be reviewed for consistency with all
applicable codes and regulations, including the FWRC.
Environmental Determination: The project is categorically exempt from environmental review.
Public Hearing Process: Any person may participate in the public hearing by submitting written comments to the
Hearing Examiner either by delivering comments to the Department of Community and Economic Development
before the hearing, or by appearing at the hearing and presenting public testimony in person, or through a
representative. The Hearing Examiner will issue a recommendation on the Use Process 1V application within ten
working days after the close of the hearing. Any person has the right to request a copy of the Hearing Examiner's
decision, once made. Only persons who submit written or oral comments to the Hearing Examiner may appeal the
Hearing Examiner's decision. The application is to be reviewed under all applicable codes, regulations, and policies of
the City of Federal Way.
The official file for the above project is available For review during business hours at the permit counter at Federal
Way City Hall (33325 8`' Avenue South, Federal Way, WA 98003). The staff report to the Hearing Examiner will be
available for review one week before the hearing. Questions regarding this project should be directed to Senior Planner
Janet Shull, AICP, at 253-835-2644, or janet.shull@cityoffederalway. corn
Published in the Federal Way Mirror on November 27, 2013.
Doc. I.D. 64518
DIAZ LUIS 0 FIRST UKRAINIAN BAPTIST LOURIE DAN
27403 16T" AVE S 37603 28T" AVE S PO BOX 4021
DES MOINES WA 98198 FEDERAL WY WA 98003 KENT WA 98089
ADAM BRANDENBURG
MCDONALDS USA LLC
12131 113T" AVE NE STE 103
KIRKLAND WA 98034
DAVIS WALTER M JR
27502 15T" PL S
DES MOINES WA 98198
PAISLEY JAMES F
PO BOX 69503
SEATAC WA 98168
UKYK LLC
11716 7T" AVE NE
SEATTLE WA 98215
SILVER SHADOW REAL ESTATE
2635 CARMINO DEL RIO S # 300
SAN DIEGO CA 92108
KING COUNTY TRANSIT
ADM-ES-0800
500 4T" AVE
SEATTLE WA 98004
DEREK SMITH
FREIHEIT & HO ARCHITECTS
5209 LK WASHINGTON BLVD NE SE 200
KIRKLAND WA 98033
BIRLA YESHAEREG A
27506 15T" PL S
DES MOINES WA 98198
KELLY JOSHUA D & LAURA M
27612 15T" PL S
DES MOINES WA 98198
NESMEIANOV SERGEY & OLGA
27612 16T" AVE S
KENT WA 98032
ET12 LLC
27525 PACIFIC HWY S
FEDERAL WAY WA 98003
ASHTON REDONDO PROPERTY
1201 MONSTER RD SW # 350
RENTON WA 98055
CATE ROBERT & CHRISTINE ANN
1428 S 275T" PL
DES MOINES WA 98198
NYSTROM KENNETH & LORNA R
1554 S 276T" ST
DES MOINES WA 98198
LIBERTY WEST PARTNERS
PO BOX 3157
KENT WA 98089
ECW HOLDING LLC
PO BOX 2009
AUBURN WA 98071
SFI HOLDING LLC
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J30ERNE
FIREARMS
STATE OF ARIZONA 0. Proposals should be prepared simply and eco-
PIMA COUNTY SUPERIOR COURT nomicatfy, providing a straight lorward, concise
In re the proceedings between: description of provider capabilities to satisfy the
ROBERT AND MARY OLSHEFSKI, regdiremenls at the request. Special biridings, cot -
Petitioners, ored displays, promclionol materials, etc. are nol
TIFFANY SARABEL DAWN OLSHEFSKI desired. Emphasis should be on completeness
Respondent. and Clarity of content- Use of recycled paper for
CASE NO. DC20130036 requests and any printed or photocopied material
AMENDED NOTICE OF FILING OF MODIFICATION created pursuant to a contract with the City is de -
OF LEGAL DECISION MAKING TO ESTABLISH sirabe whenever practicable. Use of both sides of
THIRD PARTY CUSTODY OF MNOR CHILD paper sheets for any suhmftlals to the City is desir-
Assigned to: Hon. able whenever practicable.
STEPHENVILLARREAL EDiane Shines, Records Administrator, or repre-
WARNING: This is an official notice which may af- sentative will notify the firm selected by November
fect your rights. Read it carefully. If you do not un- 27, 2013.
derstandthis document, contact alawyerforhelp. F.All proposals must include the following infor-
TO: TIFFANY SARABEL DAWN OLSHEFSKI AND mation:
ROGER SPIKE -LIKE 1.The names of individuals from those firms who
NOTICE IS HEREBY GIVEN that a Petition to Estab- will be working on the project and their areas of re-
lish Third Party Custody of Minor Child has been sponsIbility
Filed, a copy of which Is attached. 2. Specific experience of individuals relative to the
YOU HAVE THE RIGHT TO FILE OPPOSING AFFI- proposed project.
DAVITS SHOWING WHY CUSTODY SHOULD NOT 3. A proposed omtlne of tasks, products and pro -
BE ESTABLISHED. OPPOSING AFFIDAVITS MUST jed schedule, Including the number 61 hours re -
BE FILED WITHIN 20 DAYS OF SERVICE OF THE quiredtocomplete; Wtask ofproduCL
PETITION TO MODIFY BY SENDING AN ORIGINAL 4- A proposed budget based on the above 9uffine
COPY TO: of tasks, products and schedules.
Clerk of Superior Court
Arizona Superior Court in Pima County
110 West Congress
Tucson, Arizona 85701
Copies of your Opposing Affidavits and Affidavit
required by AR.S. 525.411 must also be sent to:
Kent McCormick. Esq.
Post Office Box 36956
Tucson, Arizona 85740
20 days after service of this Notice on you, the
Court will review the Court file, the Petition and all
Affidavits filed and determine if a hearing should
be held, or if the Petition for Established should be
denied. If the Court determines that a hearing
should be held, a hearing dare and time will be set
and you will be rlolified or the hearing date through
your altorney o1 record, if any, or if you do not
have an attorney, directly to you.
SIGNED AND SEALED on October 3, 2013
TONILHELLON
CLERK OF THE SUPERIOR COURT
By: IRENE MASTERS
DEPUTY CLERK
Roger Spike -Like, you may obtain a copy of the
Petition to Establish Third Party Custody of your
minor child by accessing the private message sent
vla private message to your Facebook account La.
Roger Spike or by calling the Law Office of Keltt
McCormick at (520) 297.W31 and providing a fax
RUMbef or address or email where the Pelitfon Can
be sent.
Published in the Federal Way Mirror
October 11, 2013 - November 1, 2013
FWM 2066
Federal Way
CITY OF FEDERAL WAY
REQUEST FOR PROPOSAL
I. PURPOSE OF REQUEST.
The City of Federal Way (-City') is ftWesling pro-
posals For the purpose of police uniform and plain -
doll dry Cleaning services. The Clty's (reeds are
outlined In the following Request for Proposal
("RFP").
II. TIME SCHEDULE.
The City will follow the following timetable, which
should result in a selection of a firm by November
30, 2013.
Issue RFP: October 11, 2013
Deadline for Submittal of Proposals: October 30.
2013
Preliminary Selection of Rml: November 20. 2013
Notify Firm Chosen: November 27, 2013
III. INSTRUCTIONS TO PROPOSERS.
A. All proposals should be sent to:
City of Federal Way
33325 8th Ave S
Federal Way, WA 98003
Attn.: Debbie Hall
Questions regarding the proposal shall be directed
to Diane Shines, Records Administrator,
(253) W-6854.
B- All proposals must be In a sealed envelope and
dearly marked in the lower left-hand comer, -RFP -
Police Uniform and Plainclothes Dry Cleaning Ser-
vices".
C. All proposals must ha received by 5:00 p.m. on
October 30, 2013. at which time they will be
opened. Three (3) copies of the proposal must be
presented. No taxed or telephone proposals will
be accepted.
5. A proposed practfco regarding lost or damaged
items (inctuding discoloration or damaged but-
tons).
6. References.
First Date Published: October 11. 2013
Last Date Published: October 18, 2013
FWM 2067
—A
Federal Way
NOTICE OF MASTER LAND USE APPLICATION
Project NaMoFfle !lumber: McDonalds Sign
Variance -13-I M54-DD-UP
Project Description: Applicant is requesting a
variance to allow an existing, non -conforming 35-
loot WI pole sign to remain on the projed site.
ApplltanUProject Location: Adam Brandenburg,
McDonald's USA, LLC, 27515 Pacific Highway
South, Federal Way, WA 98003
Data Appll:al Ion Rote III September, P013
Dale Determined Complete: September 30, 2013
Dale of Notice of Application: Octabar 11, 2013
Requested Deofslon and Outer Permits Included
with this Applisatlow Applicant has requested a
variance pursuant to Federal Way Revised Code
(FWRC) Chapter 19.45. The city will use Process
IV 'Bearing Examiner3 Decision' to review aM de-
cide upon the variance application. Staff has deter-
mined the applicallen is calegoricalfy exempt Irom
a State Environmental Policy Act threshold deter-
mination pursuant to Washington Administrative
Code 197-11-800(6)(b)-
Environmental Documents: None,
Development Regulations Used for Project Re-
view: FWRC Title 19, 'Zoning and Development
Code.'
Public Comments: The initial notice period ends
OcIeber 28, 2013, but any person may submit
written comments to the Hearing Examiner by de-
livering these comments to. the Depaftment of
Community and Economic Development odor to
the public hearing date (wri.0 has yet to be deter-
mined) or by giving these directly le the Hearing
Examiner at the pubic hearing. Only the applicant,
persons who submit written or oral cemmenls 10
the Hearing Examiner, or persons who speciliWlly
request a copy of IN written decisloo may appeal
IN Hearing Examinor's decision, Details 01 appeal
procedures tar the requested land use decision will
be included with the written derision
Availability or Flle: The official project File IS
available for public review during nor(rml hil0ass
hours at the Department 01 Community and Ew-
rwmic Development. 33326 Bib Avenue South, 2nd
Fluor, Federal Way, WA 98003.
Stall Contact: Janet Shull, AICP, CSBA, LEED
Green Associate, Senior Planner, 253-835-2644,
janet.sh u0ci tyoffedelatw ay-com
Published in the Federal Way Mirror October 11,
2013.
FWM 2068
Finding what you
want doesn't have
to be so hard.
�ads.com
t
31919 is' Ave S, Suite 10 1 1 Federal, Way, WA 98003 1253.925.5565 1253.925.5750 (f)
Affidavit of Publication
Rudi Alcott, being first duly sworn on oath, deposes and says that he is the
Publisher of The Federal Way Mirror, a weekly newspaper. That said
newspaper is published in the English language continually as a weekly
newspaper in Federal Way, King County, Washington, and is now and
during all of said time has been printed in an office maintained by the
aforementioned place of publication of said newspaper.
That the annexed is a true copy of a legal advertisement placed by
City of Federal Way - Economic Development
as it was published in regular issues (and not in supplemental form) of said
newspaper once each week for a period of one consecutive week(s),
commencing on the 1 1 th day of October 2013, and ending on the 1 1 th day
of October 2013 both dates inclusive, and that such newspaper was
regularly distributed to its readers during all of said period.
That the full amount of the fee charged for the foregoing publication is the
sum of $98.06, which amount has been paid in full, or billed at the legal rate
according to RCW 65.16.020.
Subscribed to and sworn before me this 4th day of November.
Notary Public in and for the State of Washington,
\0111111111fil"
L0UIS,
0,n
4•� DEC
*: 18 i
2013
0 • QF WAGH�. \��'��
RY1p
Residing at Federal Way
cirr of A DECEIVED
FederalWaYCT 1 1 20,3
Project Name:
Project File No:
Project Address:
CITY OF FEDERAL WAy
DS
DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES
33325 81h Avenue South
Federal Way, WA 98003-6325
253-8352607; Fax 253-835-2609
www.cityoffederaiway.coni
SIGN INSTALLATION CERTIFICATE
4,7- 14--'non6c)
1.S-- lb39sy--®o-U
c S )'S Pam- 14
Installed By: B Z/,A A) CL--- ro-D 0) Date of Installation:
Location of Installation: 6 n ,,G 1 L b b
I hereby testify that the sign installed fully complies with the installation standards of the
Department of Community Development Service's "Instructions for Obtaining & Posting Public
Notification Signs" and that the sign will be maintained until a final decision is issued on the
land use action.
I understand that failure to return this certificate within five days of posting may
result in delays, notice of corrections, and re -mailings at the applicant's expense.
13IZI rkN 'Env i o
Installer's Name
l
Installer's Signature
to/1 /o
Date
Phone
_,�zi-963y
Bulletin #036 —January 1, 2011 Page 1 of 1 k:\Handouts\Sign Installation Certificate
,- �k
Federal Way
DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES
33325 8th Avenue South
PO Box 9718
Federal Way WA 98063-9718
253-835-7000; Fax 253-835-2609
www.cifyoffederolway.com
DECLARATION OF DISTRIBUTION!
I, Stacey Curry hereby declare, under penalty of perjury of the laws of the State of
Washington, that a:
'01 Notice of Land Use Application/Action
❑ Notice of Determination of Significance
(DS) and Scoping Notice
❑ Notice of Environmental Determination
of Nonsignificance (SEPA, DNS)
❑ Notice of Mitigated Environmental
Determination of Nonsignificance (SEPA,
MDNS)
❑ Notice of Land Use Application &
Optional DNS/MDNS
❑ FWRC Interpretation
❑ Other
❑ Land Use Decision Letter
❑ Notice of Public Hearing before the
Hearing Examiner
❑ Notice of Planning Commission Public
Hearing
❑ Notice of LUTC/CC Public Hearing
❑ Notice of Application for Shoreline
Management Permit
❑ Shoreline Management Permit
❑ Adoption of Existing Environmental
Document
was ❑ mailed ❑ faxed ❑ e-mailed and/or Al
posted to or at each of the attached addresses on
October 11 2013.
Project Name McDonald's Sign Variance
File Number(s) 13-1
Signature '
Date October 11, 2013
K:\PLANNING INTERN\Declaration of Distribution nolee \DecWc1lon of Distribution with Posting Sites.doc
oop'sajlg 6ullsod LiPm u04ngp4sl(] jo uoljojoloaQ\saoljou uoljnqujsl4 Jo uo4oJolo9(3\NN31NI JNINNMd\:)l
ujnoS AomL451H 014iogd S ! SLZ -al!S joafgnS
paailS 4►oZ£ ulnoS 8j78-�jojgll youga9 uaoZ£ ApM Ipaapa�
u1noS ApM Is ooZj£-Mr)jq!l louoibad AoM IgaapaA
anuany 4j8 SZ£££ -IIpH Aj!3 AoM IgaapeA
:sa4!3 u!Md
CITY OF a`�
Federal Way
DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT
33325 8th Avenue South
Federal Way WA 98003
253-835-7000; Fax 253-835-2609
www.ci ty offederaiw .G m
DECLARATION OF DISTRIBUTION
I, hereby declare, under penalty of perjury of the laws of the State of
Washington, that a:
1I Notice of Land Use Application/Action
❑ Notice of Determination of Significarce
(DS) and Scoping Notice
❑ Notice of Environmental Determination
of Nonsignificance (SEPA, DNS)
❑ Notice of Mitigated Environmental
Determination of Nonsignificance (SEPA,
MDNS)
❑ Notice of Land Use Application &
Optional DNS/MDNS
❑ FWRC Interpretation
❑ Other
❑ Land Use Decision Letter
❑ Notice of Public Hearing before the
Hearing Examiner
❑ Notice of Planning Commission Public
Hearing
❑ Notice of LUTC/CC Public Hearing
❑ Notice of Application for Shoreline
Management Permit
❑ Shoreline Management Pelmit
❑ Adoption of Existing Environmental
Document
was ❑ mailed ❑ faxed X e-mailed and/or ❑ posted to or at each of the attached addresses on
, 2013.
Project Name
File Number(s) :3 - cJ -CG - L"7
Signature .I: Date
K:\CD Administration Files\Declaration of Dist6bulion.doc/Last printed 6/28/2013 8:27:00 AM
A
CITY 4F
Federal Way
NOTICE OF MASTER LAND USE APPLICATION
Project Name/File Number: McDonalds Sign Variance—13-103954-00-UP
Project Description: Applicant is requesting a variance to allow an existing, non -conforming 35-foot
tall pole sign to remain on the project site.
Applicant/Project Location: Adam Brandenburg, McDonald's USA, LLC, 27515 Pacific Highway
South, Federal Way, WA 98003
Date Application Received: September 6, 2013
Date Determined Complete: September 30, 2013
Date of Notice of Application: October 11, 2013
Requested Decision and Other Permits Included with this Application: Applicant has requested a
variance pursuant to Federal Way Revised Code (FWRC) Chapter 19.45. The city will use Process IV
`Hearing Examiner's Decision' to review and decide upon the variance application. Staff has determined
the application is categorically exempt from a State Environmental Policy Act threshold determination
pursuant to Washington Administrative Code 197-11-800(6)(b).
Environmental Documents: None.
Development Regulations Used for Project Review: FWRC Title 19, `Zoning and Development Code.'
Public Comments: The initial notice period ends October 28, 2013, but any person may submit written
comments to the Hearing Examiner by delivering these comments to the Department of Community and
Economic Development prior to the public hearing date (which has yet to be determined) or by giving
these directly to the Hearing Examiner at the public hearing. Only the applicant, persons who submit
written or oral comments to the Hearing Examiner, or persons who specifically request a copy of the
written decision may appeal the Hearing Examiner's decision. Details of appeal procedures for the
requested land use decision will be included with the written decision.
Availability of File: The official project file is available for public review during normal business hours
at the Department of Community and Economic Development, 33325 81h Avenue South, 2"d Floor,
Federal Way, WA 98003.
Staff Contact: Janet Shull, AICP, CSBA, LEED Green Associate, Senior Planner, 253-835-2644,
janet.shullO,cityoffederalway.com
Published in the Federal Way Mirror October 11, 2013.
Doc. I D 64236
Tina Piety
From: Mary Lou Goss <mgoss@fedwaymirror. com>
Sent: Thursday, October 10, 2013 3:19 PM
To: Tina Piety
Subject: Re: Legal Notice
Oh ... sure did, all is taken care of!
Mary Lou Goss
Office Coordinator/
Advertising Sales Consultant
Office: 253-925-5565, Ext 3056
Internal: 02-3056
31919 1st Ave S, Ste 101, Federal Way, WA 98003
Sound Publishing, Inc.
Map Print Rates Online Rates Media Ki Sound Info
On Thu, Oct 10, 2013 at 3:16 PM, Tina Piety <Tina.Pie ci offederalwa .Gomm wrote:
Hi,
Did you get this message originally sent a little after 8:00 this morning? Thank you,
Tina
Hello,
Please publish the attached legal notice (McDonalds Sign Variance, #13-103954-00-UP) in Friday's (10/11/13)
issue. Please furnish an affidavit of publication. Thank you,
Tina Piety, Administrative Assistant II
Department of Community and Economic Development
City of Federal Way
1
33325 8th Avenue South
Federal Way, WA 98003-6325
253-835-2601; Fax 253-835-2609
v
n
CITY OF
Federal W&,..I;.
DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT
33325 8th Avenue South
Federal Way WA 98003
253-835-7000; Fax 253-835-2609
www,cit offederclwa .corn
DECLARATION OF DISTRIBUTION
I, _ nd+rea. ��'' k� e.y-y-- hereby declare, under penalty of perjury of the laws of the State of
Washington, that a:
❑ Notice of Land Use Application/Action ❑ Land Use Decision Letter
❑ Notice of Determination of Significarce
(DS) and Scoping Notice
❑ Notice of Environmental Determination
of Nonsignificance (SEPA, DNS)
❑ Notice of Mitigated Environmental
Determination of Nonsignificance (SEPA,
MDNS)
❑ Notice of Land Use Application &
Optional DNS/MDNS
❑ FWRC Interpretation
W Other
was mailed ❑ faxed
10 , 2013.
Project Name
❑ Notice of Public Hearing before the
Hearing Examiner
❑ Notice of Planning Commission Public
Hearing
❑ Notice of LUTC/CC Public Hearing
❑ Notice of Application for Shoreline
Management Permit
❑ Shoreline Management Permit
❑ Adoption of Existing Environmental
Document
❑ e-mailed and/or ❑ posted to or at each of the attached addresses on
i o n VO.H
File Number(s) 16 3C/S -UQUP
-
Signat
Date ) v/16/c),643
K:\CD Administration Files\Declaration of Distribution.doc/Last printed 10/10/2013 11:03:00 AM
Federal et',lay
NOTICE OF MASTER LAND USE APPLICATION
Project Name/File Number: McDonalds Sign Variance-13-103954-00-UP
Project Description: Applicant is requesting a variance to allow an existing, non -conforming 35-foot
tall pole sign to remain on the project site.
Applicant/Project Location: Adam Brandenburg, McDonald's USA, LLC, 27515 Pacific Highway
South, Federal Way, WA 98003
Date Application Received: September 6, 2013
Date Determined Complete: September 30, 2013
Date of Notice of Application: October 11, 2013
Requested Decision and Other Permits Included with this Application: Applicant has requested a
variance pursuant to Federal Way Revised Code (FWRC) Chapter 19.45. The city will use Process IV
`Hearing Examiner's Decision' to review and decide upon the variance application. Staff has determined
the application is categorically exempt from a State Environmental Policy Act threshold determination
pursuant to Washington Administrative Code 197-11-800(6)(b).
Environmental Documents: None.
Development Regulations Used for Project Review: FWRC Title 19,"Zoning and Development Code"
Public Comments: The initial notice period ends October 28, 2013, but any person may submit written
comments to the Hearing Examiner by delivering these comments to the Department of Community and
Economic Development prior to the public hearing date (which has yet to be determined) or by giving
these directly to the Hearing Examiner at the public hearing. Only the applicant, persons who submit
written or oral comments to the Hearing Examiner, or persons who specifically request a copy of the
written decision may appealt ie Hearing xammer s decision.De�ai s o appea proce ures or e
requested land use decision will be included with the written decision.
Availability of File: The official project file is available for public review during normal business hours
at the Department of Community and Economic Development, 33325 8`' Avenue South, 2nd Floor,
Federal Way, WA 98003.
Staff Contact: Janet Shull, AICP, CSBA, LEED Green Associate, Senior Planner, 253-835-2644,
F=;T: com
Published in the Federal Way Mirror October 11, 2013.
Doc. I.D. 64236
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August 27, 2013
Department of Community Development Services
33325 8th Avenue South
Federal Way, WA 98003-6325
ATTN: Hearing Examiner
kFreiheit & Ho
architects
RECEIVED
SEP 0 6 2013
CITY OF FEDERAL WAY
CDS
RE: McDonald's Restaurant, 27515 Pacific Highway South - Sign Variance Request
Addressee:
The list for persons receiving tax statements for all properties within 300 feet of the boundary of the
subject property are listed below:
Parcel #332204-9060
Ashton Redondo Property LLC
1201 Monster RD. SW #350
Renton, WA 98055
Parcel #332204-9012
King County Transit
ADM-ES-0800
500 4th Ave
Seattle, WA 98004
Parcel #720480-0185
SFI Holding LLC
11221 Pacific HWY SW
Lakewood WA 98499
Parcel #720480-0186
Silver Shadow Real Estate
2635 Carmino Del Rio S #300
San Diego, CA 92108
Parcel #332204-9220
ET12 LLC
27525 Pacific HWY S
Federal Way, WA 98003
Parcel #720480-0184
ECW Holding LLC
PO Box 2009
Auburn, WA 98071
TEL: 425 827 2100 ...... 425 828 6899 wES www.FHOARCH.COM ADDRESS: 5209 Lake Washington Blvd N.E. I Ste 200 1 Kirkland I WA 1 98033
FREIHEIT F. HO ARCHITECTS, INC, P.S.
Sign Variance Notice Requirements
August 27, 2013
Page 2
Parcel #720480-0182
Nesmeianov Sergey + OLGA
27612 16" Ave S
Kent WA 98032
Parcel #720480-0183
UKYK LLC
11716 7th Ave NE
Seattle, WA 98215
Parcel #332204-9218
UKYK LLC
11716 7th Ave NE
Seattle, WA 98215
Parcel #332204-9217
Liberty West Partners
PO Box 3157
Kent, WA 98089
Parcel #332204-9170
Liberty West Partners
PO Box 3157
Kent, WA 98089
Parcel #720550-0030
Kelley Joshua D + Laura M
27612 151h PL S
Des Moines WA 98198
Parcel #720550-0020
Paisley James F
PO Box 69503
Seatac, WA 98168
Parcel #720550-0010
Nystrom Kenneth A & Lorna R
1554 S 276th St.
Des Moines, WA 98198
Parcel #720551-0010
Birla Yeshaereg A
27506 15th PL S
Des Moines, WA 98198
Parcel #720551-0020
Davis Walter M Jr.
27502 15th PL S
Des Moines, WA 98198
Parcel #720551-0030
Cate Robert D + Christine Ann
1428 S 2751h PL
Des Moines, WA 98198
Sign Variance Notice Requirements
August 27, 2013
Page 3
Parcel #322204-9140
Lourie Dan
PO Box 4021
Kent, WA 98089
Parcel #322204-9109
Lourie Dan
27435 16t' Ave S
Des Moines, WA 98198
Parcel #322204-9110
First Ukrainian Baptist CH
37603 28" Ave S
Federal Way, WA 98003
Parcel #322204-9086
First Ukrainian Baptist CH
37603 28" Ave S
Federal Way, WA 98003
Parcel #322204-9111
Diaz Luis 0
27403 16" Ave S
Des Moines, WA 98198
Please do not hesitate to contact me if you believe there to be any discrepancies or mistakes with
any of the addresses or parcel number.
Thanks!
Sincerely,
FREIHEIT & HO ARCHITECTS, INC., P.S.
Derek C. Smith
Architectural Designer
SIGN VARIANCE - ADDRESSES
Form No, 1402.92
(10/17/92)
ALTA Owner's Policy
IPOLICY Of TITLE I
A M E 1; (RECEIVE®
SEP 06 2013
CITY OF FEDERAL WAY
]SSUHU 13Y CDS
Ewalt American Title Insurance Company
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE
B AND THE CONDITIONS AND STIPULATIONS, FIRST AMERICAN TITLE INSURANCE COMPANY, a California
corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage,
not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of:
1. Title to the estate or interest described in Schedule A being vested other than as stated therein;
2. Any defect in or lien or encumbrance on the tittle;
3. Unmarketability of the title;
4. Lack of a right of access to and from the land.
The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the tide, as insured, but
only to the extent provided in the Conditions and Stipulations.
First American Title Insurance Company
BYfi�Zl3dejl(e- PRESIDEA77,
f1UT ST A�r'4 SECRETARY
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which
arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting
or relating to (1) the occupancy, use, or enjoyment of the land; (11) the character, dimensions or location of any improvement now or hereafter erected on the
land; (ifj) a separation in ownership or a change. in the dimensions or area of the land or any parcel of which the [and is or was a part; or (iv) environmental
protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof
or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date
of Policy.
(b) Any governmental police power not excluded by (a) above, exceptto the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance
resulting from a violation or alleged violation affecting the land has been recorded in the public records at hate of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any
taking which has occurred prior to Date of Policy which would be binding on the lights of a purchaser for value without knowledge.
Defects, liens, encumbrances, adverse claims or other matters:
�a) created, suffered, assumed or agreed to by the insured claimant:
b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed
by the insured claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(a) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest
Any claim, which arises out of the transaction vesting in the Insured the estate ar interest insured by #his policy, by reason of the operation of federal bankruptcy,
state insolvency, or similar creditors' rights laws, that is based on:
(i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or
(11) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the
failure:
(a) to timely record the instrument of transfer; or
(b) of such recordation to impart notice to a purchaser for value or a judgment or lied creditor.
CONDITIONS AND STIPULATIONS
DEFINITION OF TERMS.
The following terms when used in this policy mean:
(a) 'insured": the Insured named in SchedrleA, and,
sybjett to any rights or defenses the Company would have
had against the named insured, those who succeed to the
interest of the named insured by operation of taw as
distinguished from purchase including, but not limited to,
heirs, dlstnbutees, devisees, survivors, personal representa-
tives, next of kin, or corporate or fiduciary successors.
(b) "insured claimant": an insured claiming loss or
damage.
(c) "knowledge' or `known": actual knowledge, not
constructive knowledge or notice which may be imputed to
an Insured by reason of the public retards as defined In this
policy or any other records which impart constructive notice
of matters affecting the land.
(d) "land": the land described or referred to In
Schedule (A), and Improvernents affixed thereto wtrich by law
constitute real property. The term "land" does not include any
property beyond the lines of the area described or referred
to in Schedule (A), nor any right, tide, interest, estate or
easement in abutting streets, roads, avenues, alleys, lanes,
ways or waterways, but nothing herein shall modify or I! mil
the extent to which a right of access to and from the land is
insured by this policy.
(a) "mortgage": mortgage, deed of trust, trust deed,
or other security instrument.
M "public records": records established under state
statutes at Hate of Policy for the purpose of imparting
constructive notice of matters relating lb real property to
purchasers for value and without knowledge. with respectto
Section 1(a)(iv) of the Exclusions From Coverage, `public
records" shall also 1ncude environmental protection liens filed
In the records of the clerk of the United States district court
for the district in which the land is located.
(g) "unmarketabflfty of the title": an alleged or
apparent matter affecting the title to the land, not excluded or
excepted from coverage, which would entitle a purchaser of
the estate or interest described in Schedule A to be released
from the obligation to purchase by virtue of a contractual
condition requiring the dellveiy of tnarketabla title.
2. CONTINUATION OF INSURANCE AFTER
CONVEYANCE OF TITLE.
by this policy which constitutes the basis of loss or damage
and shall state, to the extent possible, the basis of calculating
the amount of the loss or damage. If the Company is
prejudiced by thefailure of the insured claimant to provide the
required proof of loss or damage, the Companys obligations
to the insured under the policy shall terminate, including any
liability or obligation to defend, prosecute, or continue any
litigation, with regard W the matter or matters requiring such
proof of toss or damage.
In addition, the insured claimant may reasonably be
required to submit to examination under oath by any
authorized representative of the Company and shall produce
for examination, inspection and copying, at such reasonable
times and places as may be designated by any authorized
representative of the Company, all records, books, ledgers,
checks, correspondence and memoranda, whether bearing a
date before or after Date of Policy, which reasonably pe:ttain
to the loss or damage. Further; 'rf requested by any authorized
representative of the Company, the insured claimant shall
grant its permission, in writing, for any authorized rep -
re seniative of the Company to examine, inspect and copy all
records, kooks, ledgers, checks, correspondence and mem-
oranda in the custody or control Of a third party, which
reasonably pertain to the loss or damage. All information
designated as confidential by the insured claimant provided
to the Company pursuant to this Section shall not be
disclosed to others unless, in the reasonable judgment of the
Company, it is necessary in the administration of the claim.
Failure of the insured oWmant to submit for examination
under oath, produce other reasonably requested Information
or grant permission to secure reasonably necessary informa-
tion from third parties as required in this paragraph, unless
prohibited by law or governmental regulation, shaft terminate
any liability of the Company under this policy as to that cWm.
B. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS;
TERMINATION OF LIABILITY.
In case of a claim underthis policy, the Company shall
have the following additional options:
(a) To Pay or Tender Payment of the Amount of
Insurance.
To pay urtenderpayment oftheamount ofinsurance
under this poticy together with any costs, attorneys' fees and
expenses Incurred by the Insured claimant, which were
authorized by the Company, up to the time of payment or
tender of payment and which the Company is obligated to
in writing to the Company
insured by this policy,
for any loss or damage caused thereby.
(b) In the event of any litigation, including litigation by
the Company at with the Company's consent, the Company
shall have no rrablfftyfor loss or damage until there has been
a final determination by a court of competent jurisdiction,
and disposition of all appeals therefrom, adverse to the title
as insured.
(c) The Company shall not be liable for loss or
damage to any insured for liability voluntarily assured by the
insured in settling any claim or suit wilhout the pridr written
consent of the Company,
10. REDUCTION OF INSURANCE; REDUCTION OR
TERMINATION OF LIABILITY.
All payments underthis policy, except payments made
for costs, attorneys' fees and expenses, shall reduce the
amount of the insurance pro tanto.
11. LIABILITY NONCUMULATIVE.
It is expressly understood that the Amount of In.
surance underthis policy shall be reduced by any amount the
Company may pay under any policy Insuring a mortgage to
which exseption is taken In Schedule B or to which the
Insured has agreed, assumed, or taken subject, or which Is
hereafter executed by an insured and which is a charge or
lien on the estate or interest described or referred to in
Schedule A, and the amount so paid shall be deemed a
payment under this policy to the insured owner.
12. PAYMENT OF LOSS.
{a) No payment shall be made without producing this
policy for endorsement of the payment unless the policy has
been lost w destroyed, in which case proof of loss or
destruction shall be fumished to the satisfaction of the
Company.
(b) When liability and the extent of loss or damage has
been Of riftelyfixed in accordance with these Conditions and
Stipulations, the loss or damage shall be payable within 30
days thereafter,
13. SUBROGATION UPON PAYMENT
OR SETTLEMENT.
(a) the Company's Right of SnbroWun.
The coverage of this policy shall continue in force as pay' Whenever the Company shalt have settled and paid a
Upon the exorcise by the Company t this option, a claim under this policy, all right of subrogation shall vest in
of mate ie Poky i estate
r of Interest
in t only d, long as th�llabtlity and obligations to the insured under this policy, oth g
Insured retain an estate or'utterest in the )and, or holds an g the Company unaffected by any act � the insured claimant.
Inriahtarinaac sarirrvrl by a nrrrr hoot mnnav mnrtaanRnivFln than to make the payment required, shall terminate, Including Tho ramnanv shall terk cnhmnatarl fn nnri M el titled to a4
made by the insured in any transfer or conveyance of the
company for cancellation.
y" " " ' F "" " r W� . — ' "
had this policy not been issued. If requested by the Company,
estate or interest This policy shall not,continue in force in
(b) To Pay or Otherwise Settle With Parties Other than
the Insured clapgrrt shall transfer to the Company all rights
favor of any gurchaser from the insured of either (1) an estat7ftths Insured or With the Insured Claimant. and reinpedies against any person or property necessary in
or interest in the land, tar (ii) an Indebtedness secured by
�} to pay or otherwise settle with other parties fa
bider to perfect this light of subrogation. The Insured
purchase money mortgage gmen to the Insured.
or in the mme ot,an Insured claimant arty: claim insu
against under this policy, togeftr with arty costs, attomays'
claimant shall permit the Company to sue, compromise or
settle in the name of tha insured claimant and to use tha name
3. NOTICE OF CLAIM TO BE GIVEN BY
fees and expenses incurred by the insured claimant which
of the insured claimant in any transaction or litigation
INSURED CLAIMANT.
were authorized by the Company up to the time of payment
involving these rights or remedies,
and which the Company is obligated to pay; or
ffa payment on account of a claim does not fully cover
The insured shall notify the Company promptly in
(ii) to pay or otherwise settle with the insured
the loss of the insured claimant, the Company shall be
writing (1) In case of any litigation as set forth InSet fion 4(a)
claimant the loss or damage provided for under this policy,
subrogated to these rights and remedies In the proportion
beloyw, (€i) In case knowledge shall came to an Insured
together with any costs, attorneys' fees and expenses
which the Companys payment bears to the whole amount
hereunder of any claim of title or interest which is adverse to
Incurred by the insured claimant which were authorized bythe
of the loss.
the file to the estate ar Interest as insured, and which might
Company up to the time of payment and which the Company
cause loss or damage for which the Company may be liable
by virtue of this policy, or (rii) If tide to the estate or interest,
is obligated to pay,
Upon the exercise by the Company of either of the
as insured, is rejected as unmarketable, If prompt notice shall
options provided for in paragraphs (b)(i) or (ii}, the Com-
not be given to the Company, then as to the insured all liability
panft obligations to the Insured under this policy for the
of the Company shall terminate with regard to the matter or
claimed loss or damage, other than the payments required to
matters for which prompt notice is required; provided,
be made, shall terminate, including any liability or obligation
however, that failure to notify the Company shall in no case
to defend, prosecute or continue any gttgaflon.
prejudice the rights of any Insured under this policy unless
the Company shall be prejudiced by the failure and than only
T DETERMINATION EXTENT OF LIABILITY
to the extent of the prejudice.
AND COINSURANCE.
4. DEFENSE AND PROSECUTION OF ACTIONS;
DUTY OF INSURED CLAIMANT TO COOPERATE.
(a) Upon written request by the insured and subject to
the options contained in Section B of these Conditions and
Stipulations, the Company, at its own cost and without
unreasonable delay, shall provide for the defense of an
insured in iidgaation in which any third party asserts a claim
adverse to the title or interest as insured, but only as to those
stated causes of action alleging a defect, lien or en-
cumbrance or other matter insured against by this policy. The
Company shall have the right to select counsel of its choice
(Subject to the right of the insured to object for reasonable
cause) to represent the insured as to those stated causes of
action and shall not be liable for and will not pay the fees of
any other counsel. The Company will not pay any fees, costs
or expanses incurred by the insured in the defense of those
causes of action which allege matters not insured against by
this policy_
(b) The Company shall have the right, at Its own cost,
to institute and prosecute any action or proceeding or to do
any other act which in its opinion may be necessary or
desirable to establish the title to the estate or Interest, as
insured, or to prevent or reduce loss or damage to the
insured. The Company may take any appropriate action under
the terms of this policy, whether or not it shall be liable
hereunder, and shall not thereby concede liability or waive
any provision of this policy. If the Company shall exercise its
rights under this paragraph, it shall do so diligently.
(c) Whenever the Company shall have brought an
action or interposed a defense as required orpermitted by the
provisions of this policy, the Company may pursue any
litigation to final determination by a court of competent
jurisdiction and expressly reserves the right, in its sole
discretion, to appeal from any adverse judgment or order.
(d) In all cases where this policy permits or requires
the Company to prosecute w provide for the defense of any
action or proceeding, the insured shall secure W the
Company the right to so prosecute or provide defense in the
action or proceeding, and all appeals therein, and per,rnit the
Company to use, at its option, the name of the insured forthis
purpose. Whenever requested by the Company, the Insured,
at the Companys expense, shall give the Company all
reasonable aid (I) in any actlan or proceeding, securing
evidence, obtaining witnesses, prosecuting or defending the
action or proceeding, or effecting settlement and (fi) in any
other lawful act which fn the opinion of the Company may be
necessary or desirable Io establish the We to the estate or
interest as insured. Ifthe Company is prejudiced by the failure
of the insured to furnish the required cooperation, the
Company's obligations to the insured under the policy shall
terminate, including any liability or obligation to defend,
prosecute, or continue any litigation, with regard to the matter
or matters requiring such cooperation.
5. PROOF OF LOSS OR DAMAGE
In addition to and after the notices required under
Section 3 of these Conditions and Stipulations have been
provided the Company, a proof of [oss ordamage signed and
sworn to by the insured claimant shall be furnished to the
Company within 90 days after the Insured claimant shall
ascertain the facts giving rise to the loss or damage. The
proof of loss or damage shall describe the defect in, or lien
or encurnhrsnr.P on fha title nr nther matter inenrod arainct
This policy Is a contract of indemnity against actual
monetary loss or damage sustained or incurred by the
Insured claimant who has suffered loss or damage by reason
of matters Insured against by this policy and only to the extent
herein described.
(a) The liability of the Company under this policy shall
not exceed the least of:
0) the Amount of Insurance stated in Schedule A;
or
(il) the difference between the value of the Insured
estate or interest as insured and the value of the insured estate
or interest subject to the defect, lien or encumbrance insured
against by this policy.
(b) In the event the Amount of Insurance stated in
Schedule A at the Date of Policy is less than 80 percent of
the value of the insured estate or interest or the full
consideration paid for the land, whichever is less, or If
subsequent to the Date of Policy an improvement is erected
on the land which increases the value of the insured estate
or interest by at least 20 percent over the Amount of
Insurance stated in Schedule A, then this Policy is subject to
the following:
(i) where no subsequent Improvement has been
made, as to any partial loss, the Company shall only pay the
loss pro rats in the proportion that the Amount of Insurance
at Date of Policy bears to the total value of the insured estate
or interest at Data of Policy; or ¢) where a subsequent
improvement has been made, as to any partial loss, the
Company shall only pay the loss pro rata in the proportion that
120 percent of the Amount of Insurance stated in Schedule
A bears to the sum of the Amourit of Insurance stated In
Schedule A and the amount expended for the improvement.
The provisions of this paragraph shall not apply to
costs, attorneys' fees and expenses for which the Company
is liable under this policy, and shall only apply to that portion
of any loss which exceeds, in the aggregate, 10 percent of
the Amount of Insurance stated in Schedule A.
(c) The Company will pay only those costs, attorneys'
fees and expenses incurred in accordance with Section 4 of
these Conditions and Stipulations.
8. APPORTIONMENT.
If 11'te [and described in Schedule (A) (C) consists of two
or more parcels which are not used as a single site, and a loss
is established affecting one or more of the parcels but not all,
the loss shall be computed and settled on a pro rata basis as
if the Amount of Insurance under this policy was divided pro
rata as to the value an Date of Policy of each separate parcel
to the whole, exclusive of any improvements made sub-
sequent to Date of Policy, unless a liability or value has
otherwise been agreed upon as to each parcel by the
Company and the insured at the time of the issuance of this
policy and shown by an express statement or by an
endorsement attached to this policy.
9, LIMITATION OF LIABILITY.
(a) If the Company establishes the title, or removes the
alleged defect lien or encumbrance, or cures the lack of a
right of access to or from the land, or cures the claim of
unmarketability of title, all as insured, In a reasonably diligent
manner by any method, including litigation and the comple-
tion of any appeals therefrom, it shall have fully performed its
obninations with reGnart to that maitar nrui chap not ho liahlo
If loss should result from any act of the insured
claimant, as stated above, that act shall not void this policy,
but the Company, in that event, shall be required to pay only
that part of any losses insured against by this policy which
shall exceed the amount. it any, lost to the Company by
reason of the Impairment by the insured claimant of the
Company's right of subrogation.
(b) The Company's (tights Against non-insured
Obligors.
The Company's right of subrogatlon against non-
insured obligors shall exist and shall include, without
limitation, the rights of the insured to indemnities, guaranties,
other policies of insurance or bonds, notwithstanding any
terms or conditions contained in those instruments which
provide for subrogation rights by reason of this policy.
14. ARBITRATION.
Unless prohibited by applicable law, elther the Com-
pany or the insured may demand arbitration pursuant to the
Title Insurance Arbitration Rules of the American Arbitration
Association. Arbitrable matters may include, but are not
limited to, any controversy or claim between the Company
and the insured arising out of or relating to this policy, any
service of the Company in connection with its Issuance or
the breach of a policy provision or other obligation. All
arbitrable matters when the Amount of Insurance is
$1,000,000 or less shall be arbitrated at the option of either
the Company er the insured. All arbitrable matters when the
Amount of Insurance is in excess of $1,030,000 shelf be
arbitrated only when agreed to by both the Company and the
insured. Adfratlon pursuant to this policy and under the
Rules In effect on the date the demand for arbitration is made
or, at the option of the Insured, the Rules in effect at Date of
Policy shall be binding upon the parties. The award may
include attorneys' fees only if the laws of the state in which
the land is located permit a court to award attorneys' fees to
a prevailing party. Judgment upon the award rendered by the
Arbitrators) may be entered in any court having jurisdiction
thereof.
The law of the sItus of the land shall apply to an
arbitration under the Title Insurance Arbitration Rules.
A copy of the Rules may be obtained from the
Company upon request.
15. LIABILITY LIMITED TO THIS POLICY;
POLICY ENTIRE CONTRACT.
(a) This policy together with all endorsements, If any,
attached hereto by the Company is the enure policy and
contract between the insured and the Company. In interpret-
ing any provision of this policy, this policy shall be construed
as a whole.
(b) Any claim of loss or damage, whether or not
based on negligence, and which arises out of the status of
the title to the estate or interest covered hereby or by any
action asserting such claim, shall be restricted to this policy.
(c) No amendment of or endorsement to this policy
can be made except by a wriing endorsed hereon or attached
hereto signed by ~.the President, a Vice President, ttme
Secretary, an Assistant Secretary, or validating officer or
authorized signatory of the Company.
16. SEVERABILITY.
In the event any provision of the policy is held Invalid
or unenforceable under applicable law, the policy shall be
deemed not to include that provision and all other provisions
shall remain in full force and effect.
17, NOTICES, WHERE SENT.
All notices required to be given the Company and any
statement in writing required to be furnished the Company
shall include the number of this policy and shall be addressed
to the Company at 114 East Fifth Street, Santa Ana, California
"Lon.
*ROM,
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cz
OPP
:WM2
W-7
SCHEDULE A
POLICY NO. 258085-5
AMOUNT OF INSURANCE: $500,000.00 PREMIUM: $1,452.00
DATE OF POLICY: DECEMBER 9, 1994 AT 2:23 P.M.
1. NAME OF INSURED:
MCDONALD'S CORPORATION, A DELAWARE CORPORATION
2. THE ESTATE OR INTEREST IN THE LAND WHICH IS COVERED BY THIS
POLICY IS:
FEE SIMPLE ESTATE AS TO PARCEL A AND AN EASEMENT INTEREST
ONLY AS TO PARCEL B
3. TITLE TO THE ESTATE OR INTEREST IN THE LAND IS VESTED IN:
MCDONALD'S CORPORATION, A DELAWARE CORPORATION
4. THE LAND REFERRED TO IN THIS POLICY IS DESCRIBED ON SCHEDULE
A-4 ATTACHED.
PAGE 1 OF 5
SCHEDULE B
POLICY NO. 258086-5
THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE (AND THE
COMPANY WILL NOT PAY COSTS, ATTORNEYS' FEES OR EXPENSES) WHICH
ARISE BY REASON OF:
1. FACILITY CHARGES, IF ANY, INCLUDING BUT NOT LIMITED TO HOOK-
UP, OR CONNECTION CHARGES AND LATECOMER CHARGES FOR WATER OR
SEWER FACILITIES OF FEDERAL WAY WATER AND SEWER DISTRICT AS
DISCLOSED BY INSTRUMENT RECORDED MARCH 31, 1988 UNDER
RECORDING NO. 8803310669.
(AFFECTS PARCEL 1)
2. UNRECORDED LEASES AS DISCLOSED BY INSTRUMENT RECORDED UNDER
RECORDING NO. 9210202250, AS FOLLOWS:
A. LEASE: 12785
LESSOR: P.J. CARKONEN
LESSEE: ACKERLEY COMMUNICATIONS
RENTAL: $500.00/YEAR
COMMENCEMENT DATE: SEPTEMBER 16, 1983
3. MATTERS DISCLOSED BY TIM HANSON AND ASSOCIATES, INC., ALTA
SURVEY DATED AUGUST 31, 1993, JOB NO. 93031, AS FOLLOWS:
A.) 6 FOOT HIGH CYCLONE FENCE LOCATED ALONG OR NEAR THE
NORTH, WEST AND EASTERLY PROPERTY LINES OF PARCEL 1,
LIES INSIDE THE PROPERTY LINES. OWNERSHIP OF SAID
FENCE CANNOT BE DETERMINED AND MAY BE AN ENCROACHMENT.
B.) 6 FOOT HIGH CYCLONE FENCE APPEARS TO BLOCK ACCESS TO
PACIFIC HIGHWAY SOUTH FROM PARCEL I.
C.) 6 FOOT HIGH CYCLONE FENCE ENCROACHES UPON PARCEL 2 AND
BLOCKS ACCESS FROM PARCEL 1.
D.) UNRECORDED EASEMENT FOR INGRESS AND EGRESS DELINEATED
AS PARCEL 3 ON SAID SURVEY. (IT IS OUR UNDERSTANDING
THAT SAID EASEMENT IS TO BE CREATED AS A PART OF THE
FORTHCOMING TRANSACTION.)
PAGE 2 OF 5
SCHEDULE B - CONT.
POLICY NO. 258086-5
4. EASEMENT AND CONDITIONS CONTAINED IN DOCUMENT:
RECORDED: APRIL 13, 1967
RECORDING NO.: 6161852
FOR: INGRESS, EGRESS AND UTILITIES
AFFECTS: THE SOUTHERLY 23 FEET OF PARCEL 1
5, DECLARATION OF COVENANT AND EASEMENT AND CONDITIONS
CONTAINED THEREIN:
IN FAVOR OF: KING COUNTY
RECORDED: SEPTEMBER 9, 1994
RECORDING NO.: 9409091192
FOR: INGRESS, EGRESS AND CONVEYANCE SYSTEM
AFFECTS:
COVENANT EASEMENT
AN EASEMENT FOR COVENANT PURPOSES OVER, ACROSS AND BELOW
THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST
QUARTER OF THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 22
NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, LYING
WESTERLY OF THE WEST MARGIN OF PACIFIC HIGHWAY SOUTH (STATE
HIGHWAY NO. 1) DESCRIBED AS FOLLOWS:
BEGINNING AT THE POINT OF INTERSECTION THE NORTH LINE OF THE
SOUTH 330 FEET OF SAID SOUTHWEST QUARTER OF THE NORTHWEST
QUARTER OF THE NORTHWEST QUARTER WITH THE EAST LINE OF THE
WEST 230 FEET OF SAID SOUTHWEST QUARTER OF THE NORTHWEST
QUARTER OF THE NORTHWEST QUARTER; THENCE SOUTH 88037-100"
EAST ALONG SAID NORTH LINE OF SAID SOUTH 330 FEET OF THE
SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST
QUARTER 310.35 FEET TO THE WESTERLY MARGIN OF PACIFIC
HIGHWAY SOUTH; THENCE SOUTH 20043138" WEST ALONG SAID
WESTERLY MARGIN 38.15 FEET; THENCE NORTH 88037/0011 WEST
243.00 FEET; THENCE SOUTH 39024155" WEST 55.86 FEET; THENCE
SOUTH 01010108" WEST 60.00 FEET; THENCE NORTH 88037100" WEST
20.00 FEET TO THE EAST LINE OF THE WEST 230.00 FEET OF SAID
SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST
QUARTER; THENCE NORTH 01010/08/1 EAST ALONG SAID EAST LINE
140.00 FEET TO THE POINT OF BEGINNING
PAGE 3 OF 5
SCHEDULE B - CONT.
POLICY NO. 258086-5
6. COVENANTS, CONDITIONS, RESTRICTIONS AND/OR EASEMENTS IN
DECLARATION:
RECORDED: DECEMBER 9, 1994
RECORDING NO(S).: 9412091198
END OF SCHEDULE B
PAGE 4 OF 5
SCHEDULE A-4
POLICY NO. 258086-5
THE LAND REFERRED TO IN THIS POLICY IS SITUATED IN THE STATE OF
WASHINGTON, COUNTY OF KING AND IS DESCRIBED AS FOLLOWS:
PARCEL 1:
THE SOUTH 330 FEET OF THAT PORTION OF THE SOUTHWEST QUARTER OF
THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 33,
TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY,
WASHINGTON, LYING WESTERLY OF THE WEST MARGIN OF PACIFIC HIGHWAY
SOUTH (STATE HIGHWAY 11);
EXCEPT THE WESTERLY 230 FEET THEREOF.
PARCEL 2:
AN EASEMENT FOR INGRESS, EGRESS AND UTILITIES OVER AND ACROSS THE
SOUTHERLY 30 FEET OF LOT 3 OF KING COUNTY SHORT PLAT NO. 786052,
RECORDED UNDER RECORDING NO. 8712181272.
SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON.
J-10/92
PAGE 5 OF 5
NOTI E
This Sketch is furnished as a courtesy only by First American
Title Insurance Company and it is NOT a part of any title
commitment or policy of title insurance.
This sketch is furnished solely for the purpose of assisting in
locates g the premises and does not pu rport to show all highways,
roads, or easements affecting the property. No reliance should
be placed upon this sketch for the location or dimensions of the
property and no liability is assumed for the correctness thereof.
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