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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. -1- 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] -2- 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 -3- / 17- /Da 'u/ 7 -SM for foroak !(F- IDd y -7_ s& Lec p Ned) 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