19-102417 City Hall
CITY OF 33325 8th Avenue South
ism . Federal Way Federal Way,WA 98003-6325
253-835-7000
Centered4e� Opportunity
www.citvoffederalway.com
p Y Jim Ferrell,Mayor
July 8,2019
Sergey Adzhigerey
32022 5th Ave SW
Federal Way,WA,98023-5615
RE: Permit#19-102417-00-SM;
Adzhigerey Single Family,30523 28th Ave SW,Federal Way
Dear Mr.Adzhigerey:
The City of Federal Way Public Works Department has considered your request to modify or waive frontage
improvements along 28th Ave SW required by Federal Way Revised Code(FWRC)for the proposed single-family
residence. After evaluating the existing conditions along the referenced street,and review of Federal Way Revised
Code provisions(Sections 19.135.00 through 19.135.070),and direction provided by the City Council,the Public
Works Department herby modifies the requirements for the street improvements.
Code Section 19-135.070,Modifications,Deferments,and Waivers,allows the Public Works Department to grant a
request to modify,defer,or waive the required street improvements only after careful consideration of four specific
reasons. The reason most applicable here is contained in FWRC Section 19.135.070(1),"The improvement as
required would not be harmonious with existing street improvements,would not function properly or safely or
would not be advantageous to the neighborhood or city as a whole". This is because the surrounding properties have
already been developed and 28th Ave SW dead ends and it is unlikely that it will ever be extended further to serve
future development. This would result in an improved street section that is not harmonious with existing street
conditions or lack thereof.
As a condition of approval,the applicant is required to widen 28th Ave SW to a minimum of 20 feet and add a four-
foot gravel shoulder. The applicant must also execute a City of Federal Way Local Improvement District Waiver of
Protest Covenant(`No-Protest LID'). By signing this covenant,the property owner agrees to participate in and not
protest the formation of a Local Improvement District,in the event a future LID is formed to bring 28th Ave SW up
to current and required street improvement requirements.
The conditions of this right-of-way modification are applicable for one year from the date of this letter. If the work
and covenant is not completed within this time period,this decision will be void and a new request for waiver must
be submitted. Should you have any questions,please do not hesitate to contact Ann Dower,Senior Engineering
Plans Reviewer,at 253-835-2732.
Sincerely,
I ! 1 f
c/o_
Desiree Winkler,P.E.
Deputy Public Works Director
D W/km/ce
c:Cole Elliott,P.E.;Development Services Manager
Project File(ad)(km)/Day file
19-102417-00SM Doc.I.D.
RETURN ADDRESS:
City of Federal Way
Attn: Ann Dower/Kerry Murdock; Public Works
33325 8th Avenue South
Federal Way, WA 98003-6325
CITY OF FEDERAL WAY
LOCAL IMPROVEMENT DISTRICT
WAIVER OF PROTEST COVENANT
Grantor(s): Aleksandr Adzhigerey and Dina Adzhigerey,husband and wife
Grantee(s): City of Federal Way,a Washington Municipal Corporation
Property Legal Description(abbreviated): Blk 6 Lot 4 LAKOTA Add
Assessor's Tax Parcel ID#(s): 4166600600
S-T-R: W12/21N/03E
Permit No(s): 14-100487-00-SF, 19-102417-00-SM
THIS COVENANT is made by Aleksandr Adzhigerey and Dina Adzhigerey("Property Owner")in favor of
the City of Federal Way,a Washington municipal corporation("City").
A.The Property Owner owns certain real property commonly known as 30523 28th Ave SW,Federal Way,
WA 98023 and legally described as follows:
LOT 4, BLOCK 6, LAKOTA ADDITION, ACCORDING TO THE PLAT
THEREOF RECORDED IN VOLUME 21 OF PLATS PAGE 33, IN KING
COUTY WASHINGTON.
("Property").
B.The Property Owner has submitted a request for a building permit under Permit No. 14-100487-00-SF to
construct a 2,646 square foot 2-story single family residence with 444 square foot unheated storage, 126
square foot deck and 629 square foot attached garage on the Property which abuts a substandard City right-
of-way known as 28th Ave SW,which project will impact and derive special benefits from the public right-
of-way.
C.The City may,in the future,construct,reconstruct or improve 28th Ave SW to City standards including,
but not limited to,curbs,gutters,sidewalks,driveways across sidewalks,storm drains,retaining walls,street
illumination,landscaping,slope protection,underground power,and necessary appurtenances consistent with
good street construction("Improvements"),so as to benefit the Property,through the formation of a Local
Improvement District.
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NOW,THEREFORE,the Property Owner agrees as follows:
1. Permit.The Property Owner may obtain a building permit for a single-family residence without the
installation of the Improvements so long as all other conditions of the permit,if any,are complied
with to the City's satisfaction.
2. No Protest.Pursuant to RCW 35.43.182 and in consideration of the City approving said permit,the
Property Owner agrees to participate in and not protest the formation of a Local Improvement
District pursuant to RCW 35.43.180.
3. Term. This Covenant shall be for a term of ten(10)years commencing on the date of execution
hereof and terminating ten(10)years thereafter.
4. Improvements. Nothing in this Covenant shall in any way absolve the Property Owner of any
underlying obligation to make any public improvements as a condition of permit approval under any
application other than Permit No. 14-100487-00-SF prior to the expiration date of this Covenant or
upon eighty (80) days' written notice from the City if such public improvements are required
pursuant to the Federal Way Revised Code,any other permit application,or other applicable laws,
rules,or regulations,as now existing or hereafter adopted or amended.The Improvements may be
necessary to mitigate the effects of the development of the Property. This Covenant shall be
construed only as providing an alternative means for payment for necessary public improvements
through the formation of a Local Improvement District.
5. Binding Effect.This Covenant shall be construed to touch and concern the land,shall run with the
land,and bind the Property Owner, its successors in interest,heirs,and assigns.
6. Filing. This Covenant shall be recorded by the Property Owner with the King County Office of
Records and the Property Owner shall pay all recording fees.
7. Limitation. Nothing in this Covenant shall be construed to waive the Property Owner's right to
object to the Property Owner's individual assessment (including the determination of special
benefits allocable to the Property),or to appeal to the Superior Court the decision of the Federal
Way City Council affirming the fmal assessment roll.
DATED this day of ,2019.
[Signature page follows]
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PROPERTY OWNER:
Aleksandr Adzhigerey
Dina Adzhigerey
32022 5TH AVE SW
FEDERAL WAY,WA,98023-5615
STATE OF WASHINGTON )
)ss.
COUNTY OF KING )
On this day personally appeared before me, ,to me known to be the
individual described in and who executed the foregoing instrument,and on oath swore that he/she/they executed the
foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned.
GIVEN my hand and official seal this day of ,20_.
Notary's signature
Notary's printed name
Notary Public in and for the State of Washington.
My commission expires
STATE OF WASHINGTON )
)ss.
COUNTY OF KING )
On this day personally appeared before me, ,to me known to be the
individual described in and who executed the foregoing instrument,and on oath swore that he/she/they executed the
foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned.
GIVEN my hand and official seal this day of ,20_.
Notary's signature
Notary's printed name
Notary Public in and for the State of Washington.
My commission expires
G:\FORMS\LIDNOPRO.IMP
Rev.05/17
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Right of Way Improvement Modification Request
Director of Public Works,
For parcel #416660-0600 305XX 28th Ave SW I would like to ask you to waive requirements per
FWRC Title 19, Chapter 135, "Development Improvements," due to the following restrictions:
The improvement as required would not be
harmonious with existing street
improvements would not function properly
or safely or would not be advantageous to the
neighborhood or City as a whole.
Proper vertical or horizontal alignments
cannot be determined because the existing
streets do not have correct alignments.
28th Ave does not have any sidewalks, modifications or improvements and we ask for the
exemption since we will not have improvements to connect to other properties.
Thank you,
Aleksandr Adzhigirey
Sergey Adzhigirey(206)790-2911
MAY I 7 2019
CITY CF IEDERAt vv
COMMUNITY DEVELOPMENT