Res 93-127
RESOLUTION NO.
93-127
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF FEDERAL WAY, WASHINGTON, DENYING A SIGN
CODE VARIANCE REQUEST FOR APPLICANT, OLIVE
GARDEN ITALIAN RESTAURANT.
WHEREAS, the applicant, Olive Garden Italian Restaurant,
has a possessory ownership in property located at 35100 16th Avenue
South in the vicinity of the southwest corner of 16th Avenue South
and South 352nd Street within the City of Federal Way; and
WHEREAS, applicant is requesting a variance to the Sign
Code provisions of Federal Way Code Chapter 95 to allow the
placement of three wall mounted signs totalling 163 square feet of
signage; and
WHEREAS, pursuant to Federal Way Zoning Code Chapter
95.70, a Sign Code variance is processed according to Process III,
described in Chapter 155 of the Federal Way Zoning Code; and
WHEREAS, after all proper notice requirements, a public
hearing was held on the request for Sign Code variance on October
13, 1992; and
WHEREAS, the City of Federal Way Hearing Examiner, having
heard public testimony and having reviewed all written comments and
evidence presented, on October 27, 1992, issued a recommendation
that the Sign Code variance application be denied, and
WHEREAS, no Request for Reconsideration of the Examiner's
Recommendation has been filed by the applicant; and
WHEREAS,
there were no challenges to the Examiner I s
Recommendation; NOW, THEREFORE,
COpy
THE CITY COUNCIL OF THE CITY OF FEDERAL WAY DOES HEREBY
RESOLVE AS FOLLOWS:
section 1.
Findinqs of Fact and Conclusions of Law.
Pursuant to the Federal Way Zoning Code 155.75, the city Council
has considered the application and after full consideration of the
entire matter and the record before the Hearing Examiner including
the
Community
Development
staff
report
and
the
Examiner's
Recommendation, the city Council hereby adopts by reference the
Findings of Fact and Conclusions of Law contained in the Examiner's
Recommendation dated October 27, 1992, for this application, which
is attached hereto as Exhibit A.
section 2.
SDecific criteria.
The City Council adopts
the Examiner's Findings wi th respect to the abili ty of this
applicant to meet the specific criteria of Sign Code variances,
pursuant to Federal Way Zoning Code Chapter 95.70.
The Council
finds that this applicant does not meet the criteria of Federal Way
Zoning Code 95.70(4)(a)-(c).
section 3.
variance Denial.
Based upon the above
Findings of Fact, Findings of Specific Criteria, and Conclusions of
Law, the Sign Code variance request application #UPIII-92-0003 for
applicant Olive Garden Italian Restaurant to allow 163 square feet
of sign area is denied.
-2-
Section 4.
Severabilitv.
If any section, sentence,
clause or phrase of this resolution should be held to be invalid or
unconstitutional
by
a
court
of
competent
jurisdiction,
such
invalidity or unconstitutionality shall not affect the validity or
constitutionality of any other section, sentence, clause or phrase
of this resolution.
Section 5.
Effective Date.
This resolution shall be
effective immediately upon passage by the Federal Way City Council.
RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, this ~ day of
January
, 1993.
CITY OF FEDERAL WAY
~Cf~
MAYOR, ROBERT S1EAD
SWANEY, CMC
AS TO FORM:
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION NO. 93-127
December 30,1992
January 5,1993
la\kathleer\reso\olivegar.var
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EXHIBIT A
BEFORE THE HEARING EXAMINER OF THE CITY OF FEDERAL WAY
IN THE MA TIER 0 F THE
APPLICATION OF:
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FILE #UPill-92-0003
F\VHE # 92-12
COMBS AND ASSOCIA TFS
IN BEHALF OF OLIVE GARDEN RESTAURANT
For Process ill Approval of a Variance
From Chapter 95 (Signs) of the
Federal Way Zoning Code
RECOMMENDA nON
I. SUMMARY OF APPLICATION
The applicant in this matter requested approval to erect signs exceeding the square
footage allowed by Chapter 95-.sIQlli of the Federal Way Zoning Code. Requests to vary from
the Sign Code are provided for under Chapter 95.70 of Federal Way Zoning Code, with Process
ill approval.
TI. PROCEDURAL INFORMATION
At the hearing the following presented testimony and evidence:
2.
1.
Martin Nordby, Code Compliance Officer, City of Federal Way
33530 - 1st Way South, Federal Way, WA 98003
Richard Stacey, General Mills Restaurants, Inc.
Post Office Box 593330, Orlando, FL 32859-3330
3.
Rick Gardner
309 S.W. 321st Street, Federal Way, WA 98023
At the hearing the following exhibits were admitted as part of the official record of these
proceedings:
1.
Staff Report with Exhibits
a. Sign Design Renderings
b. Vicinity Map
c. Building Elevations
d. Comparison TabJe
e. Pad/Site in Relation to Other BuiJdings (11 * 17)
OLIVE GARDL~ RESTAURA.:'IT
FILE #UPill-92-0003j FWHE #92-12
PAGE 2
III. fT',ì)INGS
1.
The Olive Garden Italian Restaurant is proposing to establish a 9,100 square foot
restaurant within the Campus Square Shopping Center located on l6th Avenue South,
south of the intersection with South 348th Street. The site is south of a parking lot
adjoining Popeye's Restaurant, is adjacent to the center of three shopping center accesses
from 16th Avenue South, and is also adjacent to the l6th Avenue South right-of-way.
2.
The applicant is requesting a variance to the Federal Way Zoni11g Code (FWZC) to
increase the authorized signage for the restaurant. The applicant's original request was
for approval of three wall mounted signs totalling 163 square feet. The sign facing west
would consist of 91 square feet, while signs on the north and south walls of the building
would contain 36 square feet each.
3.
The property is zoned Community Business District (BC). FWZC 45.20 places
restaurants in the BC zone in Sign Category E. Sign Category E determines maximum
sign area allowed based upon the linear street frontage of the subject property. The
Olive Garden Restaurant has 185 feet of linear street frontage. Chart 95-1 of the FWZC
allows a base of 91 square feet of sign area for said amount of linear frontage in the BC
zone. However, because the applicant is not requesting freestanding signs, a multiplier
of 1.25 may be added which brings the total allowed sign area to 114 square feet.
4.
The applicant's originiil request was for a variance of 49 square feet to allow a total of
163 square feet of signage. At the hearing the applicant modified the sign sizes by
reducing the west facing sign to 75 square feet, and the north and south facing signs to
32 square feet. This reduction in signage lessens the variance request to 25 square feet.
5.
The applicant justifies the variance request by stating that it is important for the
restaurant to be visible from South 348l!¡ Street, and that the restaurant does not have
adequate visibility from l6th Avenue South due to the l5-foot topographic difference
between the restaurant's location and the road grade. Furthermore, since a substantial
percentage of Olive Garden customers are impulse diners, and since South 348th Street
is the busiest street in the area, motorists travelling said street must be able to see the
restaurant in order to recognize the logo and make a decision as to whether to visit the
premises. In addition, the restaurant is lOl feet in length and the sign is unreasonably
small for the size of the building.
0 LIVE GARDEN RES T A URANT
FILE #UPill-92-0003; F\VHE #92-12
PAGE 3
6.
A view of the site reveals that whi1e the restaurant Jocation is substantially above the
grade of l6th Avenue South, it wjJI have more than adequate visibility. Sixteenth
Avenue South descends from South 348th Street to its Jowest level at approximately the
center entrance to the Campus Square Shopping Center. It then begins an ascent which
continues to the bridge across Interstate-5. \Vhile the restaurant will be above grade at
the entrance to the shopping center, it is at approximately the same grade as the
intersection of l6th Avenue South and South 348th Street, and will be on grade with
traffic approaching from the south as well. The visibility of the restaurant from South
348th Street is severely limited by the Jocation of Shari's Restaurant at the intersection
of 16th Avenue South and South 348th Street, and Popeye's Restaurant located south of
Shari's Restaurant. Both of these restaurants are within the Campus Square Shopping
Center. In addition, both of these restaurants have signs which comply with the Federal
Way Zoning Code. Popeye's Restaurant is located on a lower grade than Shari's
Restaurant, and is virtually hidden from the South 348th116th Avenue South intersection.
Popeye's roof sign facing north is severely impacted by Shari's Restaurant.
7.
The Eagle Hardware and Garden building on the west side of 16th Avenue South recently
received a recommendation of denial for a variance to the sign code for increased
signage.
8.
Federal Way Zoning Code 95.70 sets forth exceptions to the sign code for necessary
identification in limited and unusual circumstances. It is incumbent upon the applicant
to meet each of the criteria established within FWZC 95.70 in order to qualify for a
variance.
IV. CONCLUSIONS
1.
Federal Way Zoning Code 95.70 contains within it a policy statement which provides for
variances to the sign code only under circumstances where compliance with the sign code
would do irreparable and unreasonable harm to a business or use.
2.
Federal Way Zoning Code 95.70(4) provides the criteria for approving a variance to the
sign code. Said section provides that the City may approve a request under this section
only if it finds that:
a.
The proliferation of pre-existing signs in the area of the subject property
which do not conform to this Chapter is such that signs consistent with
this Chapter wouId not be reasonably visib]e to potentiaI-patrons or users,
considering such factors as the topography of the area and the posted
speed limits of and volumes on the street or streets providing direct
vehicle access to the subject property.
OLIVE GARDEN RESTAUR>\'¡'T
FILE #UPill-92-0003; FWHE #92-12
PAGE 4
3.
The applicant was unable to identify any signs in the area which do not comply with the
requirements of FWZC 95.70(4)(a). The Examiner's site visit and the staff testimony
confirm that there is not a proliferation of pre-existing signs in the area of the subject
property which do not conform to the zoning code. There are few pre-existing signs that
do not meet current regulations. A restaurant immediately adjacent to 16th Avenue South
is reasonably visible to potential patrons or users. Traffic volume on l6th Avenue South
is approximately 21,000 average daily trips, and the restaurant is located immediately
adjacent to a vehicular shopping center access. Therefore, the Hearing Exarni11er is
unable to make a finding or a conclusion that the applicant's variance request meets the
criteria contained in FWZC. 95.70(4)(a).
4.
The variance request likewise does not meet the criteria contained in FWZC
95.70(4)(b),(c). The two restaurants located within the shopping center have both
complied with LJ,e Federal Way Sign Code requirements. Their signs appear effective
and adequate. Furthermore, as previously stated, the Olive Garden Restaurant site is
directly adjacent to a primary entrance to the shopping center, and fronts 16th Avenue
South, a heavily-travelled, major arterial.
5.
The legislative body of the City has made a clear statement that sign variances should be
allowed only under limited circumstances. It is not within the purview of the Hearing
Examiner to deviate from the City Council's directive. The applicant's remedy is to
request the City Council to either amend the variance requirements of the sign code, or
to increase the authorized signage allowed in Category E.
V. RECOJ\1:\fEy.,ì)ATION
It is hereby recommended that the City Council deny the request for a variance to erect signs
in excess of the square footage permitted in a BC zone.
DATED THlS 27TH DAY OF OCTOBER, 1992.
STEPHEN K. CAUSSEAUX, Hearing E
OLIVE GARDL~ RESTA{JRA¡~T
FILE #UPill-92-0003j FWHE #92-12
PAGE 5
VI. RIGHTS TO RECONSIDERATION AND CHALLENGE
Any person who has a right to challenge a recommendation under the Federal Way Zoning Code
may request the Hearing Examiner to reconsider any aspect of his or her recommendation by
delivering a written request for reconsideration to the Planning Department within seven (7)
calendar days after the date of issuance of the Hearing Exarni11er's recommendation. The person
requesting the reconsideration shall specify in the request what aspect of the recommendation
he or she wishes to have reconsidered and the reason for the request. The distribution of the
request and the response to the request shall be governed pursuant to the provisions of the
Federal Way Zoning Code. Within ten (10) working days after receiving a request for
reconsideration, the Hearing Examiner shall notify the persons who have a right to appeal under
the Federal Way Zoning Code, whether or not the recommendation will be reconsidered. The
Hearing Examiner may reconsider the recommendation only if he or she concludes that there is
substantial merit in the request. The process of the reconsid~raíion will be followed in
accordance with the Federal Way Zoning Code. The recommendation of the Hearing Exarni11er
may be challenged by any person who is to receive a copy of that recommendation pursuant to
FWZC 155.60.6. That challenge, in the form of a letter of challenge, must be delivered to the
Planning Department within fourteen (14) calendar days after the issuance of the Hearing
Exarni11er's recommendation or, if a request for reconsideration is filed, then within fourteen
(14) calendar days of either the decision of the Hearing Examiner denying the request for
reconsideration or the reconsidered recommendation. The letter of challenge must contain a
clear reference to the matter being challenged and a statement of the specific factual fmdings and
conclusions of the Hearing Examiner disputed by the person filing the challenge. The person
filing the challenge shall include, with the letter of appeal, the fee established by the City. The
challenge will not be accepted unless it is accompanied by the required fee. The
recommendation of the Hearing Examiner may be challenged whether or not there was a request
to reconsider the Hearing Examiner's recommendation.