Cheats will only get fixed if enough people like YOU complain to Mayor Franklin till she DOES HER JOB!!!

Everett Post article: http://www.everettpost.com/local-news/mcpicketing-at-everett-ave
Tell Mayor to DO HER JOB!! Enforce the laws! Its her job! (EMC 19.01.050 I). Tell her, fire Ingalsbe,and make McD follow the law! Mayor Franklin: 425-257-7115 cfranklin@everettwa.gov
McDonalds breaks 30+ laws. at 2001 Everett Ave, Everett, WA.

And the Mayor knows it. Like, McD's stinky garbage under my windows:

The City & McD won't reply, even to the press, because they've been caught cheating! Contact the news, and have THEM try and get an answer!

City HAS written McD's garbage area up for several violations, but once they realized McD would have to MOVE the garbage enclosure to meet laws, all stopped. Cause it was the City's fault they let McD build it there to start with. It must be moved to their SE parking lot to meet code. It is unfair -I- have to pay for City and McD's cheating.

There is supposed to be BUFFER between business and residential property. Instead, my houses get all the vehicle and garbage smells, noise, and eyesore that City and state LAWS are there to prevent! City let McD CHEAT however it wanted - with NO regards to the laws:

McD never even qualified for Certificate of Occupancy!

Never qualified for Use permit!

McD never submitted a required landscaping plan (cause plans would show they cheated my property!) Both the first AND second order placing station violate multiple laws, and planning knew it, but what's a few more cheats!

THEN commercial planners broke federal laws after they were caught cheating, to keep McD from having to follow the law! It is all cheating on steroids. And, yes, my houses were there long before McD (1910 & 1960). They only turned to illegal drug houses after McD moved in in 1994, for what sane person wants to live with garbage under their windows. Both my houses are single family residences. Now McD needs to stop being a crappy neighbor.


2012, . Planning deceived Examiner by concealing that 2nd order placing station would violate MULTIPLE laws, not just the one presented for a Variance. And concealed the tons of of existing laws McD was in violation of already. Planning never made McD meet even required 2nd order placing station landscape conditions. 2nd order placing station wasn't allowed till after subject-to conditions met, and landscape conditions STILL haven't been met. McD and Planningthreatened worse when I complained. It is pure Business planning corruption. Law states, EMC 16.005.040(A)(11)(4)provisions, (quote)The issuance or granting of a permit or approval of plans and/or specifications shall not be deemed or construed to be a permit for, or an approval of, any violations of any of the provisions of this Code or any other law or regulation. No permit presuming to give authority to violate or cancel the provision of this Code shall be valid, except insofar as the work or use, which it authorized, is lawful." Legal tried to say, what's cheated before is permanent, but the opposite is true: McD has never had a valid permit to do business! Never even submitted a landscaping plan back in 1993!

Did you know 8 (vehicles) holding (spaces) are required before order placing stations? First order board has TWO, second order board two holding are both in violation of setback law. If you want to know why your cars back up into alley, its because McD CHEATED and Planning cheated you too.

MAKE McD fix their property..... Tell Mayor to DO HER JOB!! Enforce the laws! Its her job! (EMC 19.01.050 I). Tell her, fire Jimerson, Ingalsbe, Giffen and make McD follow the law! Mayor Franklin: 425-257-7115 cfranklin@everettwa.gov
Tell McD's CEO to FIX YOUR EVERETT AVE McD PROPERTY steve.easterbrook@us.mcd.com

Sign the on-line petition: https://www.change.org/p/everett-mayor-cassie-franklin-mcdcheats-com-mcd-s-garbage-under-my-windows-violates-10-laws


Tell governor JAY INSLEE to investigate all the OTHER properties McDonalds has conspired with a planner to cheat abutting residential property owners***: 360-902-4111 or 1-800-833-6388.


Delivery trucks aren't allowed within 100' of residential property, and McD's trucks are like 60'. That location is within 100' of SEVEN residential properties. Plus break noise code at night, when code enforcement not on duty. AND enforcement contacts McD before coming out to check noise, so of COURSE they're going to turn off their engines for inspection.

LIST OF 30+ LAWS McD VIOLATES:
Garbage bins must be screened (1992 EMC 39.080)
No valid 1994 use permit (1992 EMC 35.100 A)
No valid 1994 Certificate of Occupancy (1992 EMC 35.100 B)
With no plans, violation of 1992 EMC 35.100B 1, 2, 3, 4, 5, 6, 7, 8
Junk+discarded boxes must not be visible (1992 EMC 8.20.020 )
Lombard double driveway violates EMC 13.16.050 F. and G. as McD already has 3 alley entrances, one Broadway curb cut, and with 20'+ trucks that idle next to my house are required to be able to turn around before entering the street, and they certainly can't. That Lombard curb cut is supposed to be Type II landscaping.
insufficient minimum landscape width (behind dumpster: 10'+mason wall)(1992 EMC 35.060A)
Sight-obscuring Type I landscaping required (1992 EMC 35.050 A1) ( required behind dumpster)
Public nuisance RCW 9.66.010 3. Where vagrants resort (behind/N of enclosure)
required /missing wood or mason fence for Type I landscaping (1992 EMC 35.050 A2)
insufficient soil behind dumpster 19.35.100 B12 (nowhere for roots to spread but to uproot my garage floor)
no irrigation system (1992 EMC 35.100 B 5 and 35.130 A1)[part-fixed 5/1/2018, but none behind enclosure]

landscaping plan required prior to Certificate of Occupancy (1992 EMC 35.120 A, B, C, D)
landscaping MEETING CODE required prior to Certificate of Occupancy throughout entire McD property (1992)
19.31A.040 A Design standards "Driveways on Broadway shall have a minimum separation of one hundred feet." (Jimmy Johns, McDonalds, and Chevron driveways all are about 50' apart from each other, violating standards.
arguments showing 2012 2nd order placing station not meeting 9 laws, download at:

eden3000.com/2012Var.odt
RE: drive-thru ordering board not allowed within 100 feet of residential property (Special Regulation No. 16(g)3 at Table 5.2):
EMC 46.28.030 prohibits vehicles stopping or standing in a pedestrian walk, and within 30' of entrance to walk, which means ALL holdings are in violation of EMC. The pic below is what PLANNING's Ingalsbe drew in. It only shows 6 holding, not 8, 4 of which are actually IN the crosswalk, 3 are within 100' of residential property, and he drew small cars, where a minimum 18.5' space length is required.


Criterion 1 not met 19.41.130 EMC
Criterion 2 not met 19.41.130 EMC
Criterion 3 not met 19.41.130 EMC
Criterion 4 not met 19.41.130 EMC
Criterion 5 not met 19.41.130 EMC
Criterion 6 not met 19.41.130 EMC
Insufficient # parking spaces (7 removed)( see 2012 covenant)
repetitive noise - idling truck nuisance #20.08.040
repetitive noise (intercom) nuisance #20.08.090 C 1&2
missing 90+ buffer shrubs (1992 EMC 35.050 B2)
70% evergreens required (1992 35.050B )
90% living ground coverage required (1992 EMC 35.110C )
missing evergreen tree count (1992 35.050 A &B)
Type II required facing abutting residential to the WEST (now almost nothing)
undersized landscaping 1992 EMC 35.110B
tree missing from parking lot landscape island E of restaurant (19.35.080 B2 )
never met all Var 12-002 subject-to requirements
1st order station is zoning violation 19.05 16g4 requires 8 holding for ORDERING BOARDS. McD has TWO holding
2nd order station is zoning violation 19.05 16g4 requires 8 holding for ORDERING BOARDS. McD has two holding, and those two violate the 100' back law.
There's supposed to be at least 4 outdoor trash receptacles 19.05 16g3
Delivery trucks aren't allowed to park where they currently park next to my house 19.05 16g5
EMC 46.28.030A1 d (can't have vehicles stop/standing in a walkway
EMC 46.28.030A1 e (curbs safety zone ends must be 30' from stop/stand/parking vehicles)

Not only do I have proof that business planning conspired with McD to commit these crimes, but the last 5 years, Plannings Jimerson, Ingalsbe, Giffen have tried to cover up their crimes, cover-up in violation of federal law.
McD never had to remove 7 parking spaces. But for lane width, NOTHING about their order station arrangement is legal. They could've put their trash where they could use a larger compactor. MAKE THEM FIX IT ALL NOW!!!! Like in the pic below, which appears to fix ALL violations:


7 years of hell. Code is clear. The cheats are in black and white. Everything the city has done e sued for financial damages under RCW 36.70C.130, as all is prejudicial, led to multiple nuisance results, weren't accidental errors, and cause and continue to cause me great pain and suffering. In 2012, when I thought the garbage would get screened when McD asked for that 2nd order station, instead Planner John Jimerson ignored all the McD violations and shoved that 2nd order station against my property, threatened me, and made me feel raped, and there was nothing I could do.

NO ONE: McD corporate, Everett Legal, Council, and Mayor will step up and fix this. They all know there's no inexpensive means for me or ANYONE to MAKE them do their job. That makes them all crooks, cloaked in the power and safety of their city jobs.
I am the first residential owner of my property to experience all these McD cheats: 2010 there WERE mature garbage-screening trees, but McD cut them down, as the vagrancy on their property behind enclosure was so bad, folks were living back there. And Senior planner Jimerson committed all that perjury in 2012: 1.5 years after I bought the houses. Before I owned them, they were drug houses, which was in illegal par with the cheats of the McD. McD's garbage, bin having rusted out, was literally seeping into the sewer, and was the source of the neighborhood rat problem. Pic at: eden3000.rustedcompactor.jpg (cleaned just before pic)

Now it is the city's turn to make McD stop cheating.
you can contact me, Jean, at: mcdcheats1@gmail.com

Let me know if you write or call to complain to anyone else. Be glad YOU don't own property McD decides it wants to build next to.






Giffen, Ingalsbe, and Jimerson:

It only takes one corrupt planner to ruin a city. 2012, McD asked for yet more cheats that it didn't qualify for, so instead of making McD fix all the violations it had already, and saying "NO" to an order station they didn't qualify for, Jimerson threw out ALL the rules and laws, and raped my property. All he had to do was lie about virtually everything before an Examiner, who was depending on him to be impartial. No examiner would ever believe a Senior City planner would commit such massive perjury. But I have complete evidence that Jimerson knew EVERYTHING he testified to was a lie. Even lies by excluding violations. Lies by excluding the cheats McD had taken in previous years. So many many cheats given to McD that it is likely Jimerson saw no other way then to throw out all law and go ahead and give McD whatever it wanted, because that is what the City seems to have done in the past. After all, it only cheats McD's neighbors and neighborhood. (The fact that he lied about everything is NOT an "opinion", but provable lies, in black & white in his 2012 Staff Report and in his recorded testimony!)

And neighbors don't have the money to make the Planning department NOT cheat.

For years, all my complaints were directed to and dismissed by Jimerson. Jimerson's cohorts in Planning eventtually found out all the perjury and cheats Jimerson had done, but then they are stuck also: the CITY caused the land rape, so they too become liable. So instead of making McD FIX their 30 + violations, Ingalsbe and Director Giffen start making up fake rules, breaking more laws, and using trickery in attempts to cover up all the rape of my property Jimerson caused. Those 3 in Business Planning, so set on covering up their corruption, Snohomish County Cause #18-2-00105-31 details the alleged crimes they appear to have committed:

colluding, breaking multiple U.S. laws, including perjury, fraudulent schemes 18 USC SS1346.

concealment, making up fake rules in violation of Administrative Procedure Act 5 U.S.C. SS 551-559,

obstruction of justice, ethics violations, approving plans and landscaping they know to be in violation of city laws, making false allegation to obstruct justice, sending fake rules over X-mas holiday in attempt to prevent them from being contested,

changing "requirements" when McD doesn't comply, in hopes they will comply to lesser requirements, which McD doesn't because McD has zero respect for the trio who have yet to make McD comply with any of the 30+ law violations...

Even Jimmy Johns never qualified for use permit: no accepted landscaping plan (now being remedied)
Most businesses only cheat those who have to look at the business' butts. I get to deal with both JJ's and McD's butts.

DETAILS TO REMOVE ALL VIOLATIONS:

To bring McD to 1992 code requires the entire property meet code, ie no 2nd drive isle closer than 100' from my SFR property.Ie, not meeting Certificate of Occupancy and Use permit requirements were "procedural errors", which require locality go back and repeat the procedure.

Not only did 2nd drive isle not meet any of the 6 all-required Criterion, but since none of the landscaping subject-to conditions have ever been met, it technically has never been a granted variance, therein the Var12-002 can be made null and void.


The following details exactly what must be fixed to bring McD into compliance with Everett and State law:

1. a. Ninety-one (91) shrubs along entire ~122 foot length, 15 foot width, abutting Petitioner's property, count of five per 100sf, all at least 24 inches in height per 1992 code. The number of evergreen trees in that 122 feet must be increased to at least five. The City may not reduce or change landscape/screening/ irrigation requirements for any reason. b. All street frontage and all other landscaping must be updated to bring all to 1992 code: five shrubs per 100 square feet, 24 inches minimum height in Type II required. 2. Enclosure must be dismantled as at its current location, as it can never meet screening, junk not visible, minimum landscape width, Type I landscaping, and not detrimental to property in the vicinity (vagrancy, dense roots destroying Petitioner's garage). Rubatino Refuse requires 6 feet above a compactor to empty it, meaning 14 foot walls would screen, but then no landscaping would survive behind it, and dense Type I landscaping would be required where it is, if there was sufficient land behind it, which there isn't. And there would be no sun to grow anything in the ten feet between essentially 2 two-story buildings. 3. An enclosure must be built in a new location, southwest corner of satellite being a location that could meet code, and said new enclosure must be of a size and shape to screen 100 inches tall receptacles from view of any window of Petitioner's property. 4. An irrigation system is required for all new landscaping. 5. An independent inspector must certify that all landscaping, screening, and other requirements meet all 1992 code. City records must record said inspector's certification such that Petitioner may go after Inspector if listed requirements are not met. 6. 2nd drive isle must be removed, and any new drive isles must meet code of the 100' setback. The 7 parking spaces removed for the law-breaking 2nd drive isle must be put back.

Governnor Inslee: Examples of OTHER cheating McDonalds: McDonalds at 7217 Pacific Ave, Tacoma, WA, built in 2005. There is SUPPOSED to be a 15' lush landscape buffer abutting the five residences on Bell St. (zoned R-2 in 2005) (Tacoma LandUseRegulatoryCode p. 187. If you google a satellite image, even YOU can see there is no 15' buffer, but mostly a bare 5' buffer. TacomaPlanning 253 591-5030. City rezoned those 5 residents, preparing the area for the next McD cheat of a second drive lane that will bring great noise right next to those 5 residents. There are second drive-isle arrangements that wouldn't cause that noise horror, but McD demands their "corporate standard", which violates code provisions. Also appears: McD at 14507 Bothell Wy NE, Shoreline, WA has insufficient landscape buffer width next to TWO residential properties McD 15210 Pacific Hwy, Tukwila,WA appears to severely violate drive-isle distance of apt. complex behind it (which is usually 100' distance required and appears to be fifteen feet) McD does what it pleases, no matter what neighbor suffers. Individually, it can cost over $20k -$200K to file a Writ, demanding the City follow code. And that isn't even getting the non-compliant McD to comply!, It simply requires the City to TELL McD to comply. It doesn't say the city has to use its power to MAKE McD comply. So, essentially, once a city planner cheats, the game is over for the sucker land owners abutting where McD decides to cheat.