Res 99-295
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RESOLUTION NO. 99-295
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, AFFIRMING THE DECISION
OF THE FEDERAL WAY HEARING EXAMINER IN THE
MATTER OF THE VARIANCE REQUEST BY INDOOR
BILLBOARD N.W., FILE NO. 98-12.
WHEREAS, Indoor Billboard N.W. has a possessory ownership interest in Lot 6 of
the Kits Corner Business Park subdivision; and
WHEREAS, Indoor Billboard N.W. submitted a request for a variance from side yard
setback requirements, to reduce side yards from twenty (20) feet to ten (10) on the west side of the
parcel, and from twenty (20) feet to six (6) feet on the east side of the parcel; and
WHEREAS, on October 27 and December 8, 1998, a public hearing was held before
the Federal Way Hearing Examiner, Stephen K. Causseaux Jr., concerning the variance requested
by Indoor Billboard N.W.; and
WHEREAS, on January 15, 1998, the Hearing Examiner issued his Report and
Decision denying the request for a variance; and;
WHEREAS on January 29, 1999, Indoor Billboard N.W. appealed the Hearing
Examiner's Report and Decision; and
WHEREAS, on April 20, 1999 the Federal Way City Council held a public hearing
on Indoor Billboard N.W.'s appeal, and heard argument by counsel for Indoor Billboard N.W. and
City staff; and
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WHEREAS, the Federal Way City Council has reviewed and considered the record
of the Hearing Examiner in this matter, including the Report and Decision, and considered the
arguments and comments made at the April 20, 1999 public hearing;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY
HEREBY RESOLVES AS FOLLOWS:
Section 1. Affirmance ofHearinl! Examiner ReDort and Decision. The January 15,
1999 Report and Decision of the Hearing Examiner, including the Findings and Conclusions
contained therein, is affirmed in its entirety.
Section 2. 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 3. Ratification. Any act consistent with the authority and prior to the
effective date of the resolution is hereby ratified and affirmed.
Section 4. 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,
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WASHINGTON, thisL::::llay of May, 1999.
CITY OF FEDERAL WAY
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MÁYOR, RON G~Z
Res. #99-295, Page 2
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ATTEST:
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CITY CLERK, N. CHRISTINE GREEN, CMC
APPROVED AS TO FORM:
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CITY ATTORNEY, LONDI K. (INDELL
FILED WITH THE CITY CLERK: 4/18/99
PASSED BY THE CITY COUNCIL: 5/4199
RESOLUTION NO. 99-295
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Res. #99-295. Page 3
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