Project Rev & CorrespondenceOFFICE OF THE HEARING EXAMINER
CITY OF YELM
REPORT AND DECISION
CASE NO.: APP-02-8319-YL, DOUGLAS WALKER APPEAL
APPELLANT: Douglas Walker
1329 E. Main
Puyallup, WA 98372
SUMMARY OF REQUEST:
The appellant is appealing the administrative decision of Gary Carlson, Building
Official, to deny placement of a temporary sales trailer at the Van Norhop Estates
subdivision.
SUMMARY OF DECISION:
The appeal of Douglas Walker is denied.
PUBLIC HEARING:
After reviewing Community Development Department Staff Report and examining
available information on file with the application, the Examiner conducted a public
hearing on the request as follows:
The hearing was opened on July 1, 2002, at 9:01 a.m.
Parties wishing to testify were sworn in by the Examiner.
The following exhibits were submitted and made a part of the record as follows:
EXHIBIT "1" - Community Development Staff Report and Attachments
TAMI MERRIMAN appeared, presented the Community Development Department Staff
Report, and testified that the appellant recorded the plat on May 10, 2002, and that the City
had received a request from the appellant to place a temporary sales trailer on the site.
The City Code allows an on-site model home for sales purposes, but does not allow a
mobile home or temporary sales trailer. The code allows temporary uses to include security
and temporary living quarters. The City could not allow a sales trailer pursuant to the code.
-1-
Appearing was DAVE WILSON, president of Concord Development, who testified that this
is his first time building in Yelm and he thanked staff for their help. The two ordinances
cited in the staff report do not address the sales trailer issue, but are very builder friendly
otherwise. Staff denied the request due to the lack of a specific ordinance addressing the
sales trailer issue. Staff correctly asserts that the code does not address sales trailer, but
questioned whether staff or the Council had ever addressed the issue. They will need to
in the future if the Council wants the code to be builder friendly. They requested to use a
sales trailer, but since the City Code has no provision on point, staff denied the request.
They ask the Examiner to look at the intent of the ordinance. The code allows a sales office
within a residential home and also authorizes temporary construction trailers. He sees no
reason why the code does not allow a sales trailer in addition to a construction trailer. The
construction trailer is much more intrusive and is present on the site for a longer time. It is
very important to have the answers to these questions so that they can get things going.
As a builder he sees no ordinance addressing their specific request.
Appearing was DOUG WALKER, appellant, who reiterated that nothing in the ordinance
discusses a temporary sales facility. He is aware of over 40 new home communities in
various jurisdictions, 90% of which open with a temporary sales facility. This builder has
cleared 20 lots and if he must wait 90 to 120 days to get sales staff on site, it will hinder
him in getting the sales started. He is not aware of any jurisdiction denying a temporary
sales facility in the past. If he felt the code denied such use they would have constructed
a model home. The sales trailer presents no risk to the City. They will follow all of the City
codes.
Reappearing was MR. WILSON who testified that he is building homes right now and
framing as of Monday. Buyers will look at a new home right before they begin drywalling
and can look at and determine the room sizes. It is very important to provide someone to
answer questions and create rapport. The City will address this issue in the future.
Developers typically start a model home as they have no risk since they will complete the
plat. A builder who purchases lots is placed at a big disadvantage if he starts construction
of model homes prior to final plat approval. He has no control over the developer obtaining
final plat approval.
Reappearing was MS. MERRIMAN who testified that the City Code lists the permitted uses
in the R-4 classification and does not include a temporary sales building. Another section
of the code prohibits uses not specifically listed.
Reappearing was MR. WALKER who doesn't understand the problem since a construction
trailer is allowed on the site. He sees no reason not to allow a temporary sales office. He
sees no harm to the City as it will not create a problem for either the City or the site.
Reappearing was MR. WILSON who reemphasized that a question exists regarding code
-2-
interpretation. Should the City exercise leniency or follow the code exactly. The City should
do what makes sense and allow the sales trailer.
Reappearing was MR. WALKER who testified that the City of Buckley has no ordinance
addressing a mobile home and originally denied one, but then reversed itself when they
showed what Pierce County has done in the past. Their ordinance did not address model
homes at all.
No one spoke further in this matter and so the Examiner took the request under
advisement and the hearing was concluded at 9:26 a.m.
NOTE: A complete record of this hearing is available in the City of Yelm Community
Development Department.
FINDINGS, CONCLUSIONS AND DECISION:
FINDINGS:
1. The Hearing Examiner has admitted documentary evidence into the record, heard
testimony, and taken this matter under advisement.
2. Pursuant to the State Environmental Policy Act (SEPA) this request is exempt from
its review.
3. Proper notice was given pursuant to the Yelm Municipal Code.
4. The appellant, Douglas Walker, appeals the decision of Gary Carlson, Building
Official, City of Yelm, denying his request to locate a temporary sales trailer on lot
20 of the Van Norhop Estates single family residential subdivision located at the
intersection of 107tH Loop SE and Mill Road SE within the City of Yelm. The Yelm
City Council has placed Van Norhop Estates within the Low Density Residential
zone classification (R-4) of the Yelm Municipal Code (YMC). The Building Official
determined that the R-4 zone classification does not allow a temporary sales trailer.
For the reasons set forth hereinafter, the Building Official correctly interpreted the
uses allowed and disallowed in the R-4 classification and therefore the appeal must
be denied.
5. The facts in this appeal are not disputed. David Wilson, a home builder, has
purchased 20 lots in the Van Norhop Estates subdivision and has commenced
construction of new single family dwellings on several lots. The appellant, a real
estate agent, desires to place a temporary sales trailer on lot 20 adjacent to 107tH
Loop SE to assist potential new home buyers. He remove the trailer following
completion of the first unsold home.
-3-
6. The appellant asserts that the Building Official and Community Development
Department staff improperly applied a strict interpretation of the Yelm Municipal
Code (YMC). The appellant asserts that the YMC is a building friendly code, but
agrees with staff that it does not address a sales trailer. Appellant asserts that in
considering the YMC as a whole, the City Council intended to allow temporary sales
trailers in new subdivisions. The appellant points out that the subdivision code
allows a model home to serve as a sales office and also authorizes construction
trailers, a more intense use. The appellant sees no reason why the Council would
not authorize a temporary sales trailer as well. Appellant further asserts that most
jurisdictions authorize temporary sales facilities as many sales occur during the
construction of homes and real estate personnel need to be on site to answer
questions of potential buyers and create rapport. Furthermore, a developer can
commence building a model home without risk since the developer must complete
the plat. However, if a builder starts construction of a home prior to final plat
approval, he takes a risk as he has no control over the developer obtaining final plat
approval. Thus, the prudent builder must wait until final plat approval to start
construction of a model home.
7. Section 17.12.020 YMC sets forth the uses authorized in the R-4 zone classification.
These uses are generally restricted to single family dwellings and accessory uses,
but also include "mobile/manufactured homes as provided in Chapter 17.63 YMC".
Section 17.63.010 YMC sets forth the intent of the manufactured homes chapter
which includes the following:
A. Permit the location of manufactured homes as a permanent
form of dwelling unit in certain districts and as an accessory
use or temporary use in certain other districts.
No section of Chapter 17.63 YMC authorizes manufactured homes to serve as
temporary sales facilities. Section 17.12.030(8) YMC states:
B. Uses other than those identified or described in YMC
17.12.020 are prohibited.
Thus, because neither Chapter 17.12 nor Chapter 17.63 YMC authorize mobile
homes or manufactured homes to serve as a temporary sales facility, Section
17.12.030(8) YMC prohibits such use.
8. Section 17.63.030(F) YMC provides that manufactured housing units placed on a
lot outside of a manufactured home subdivision or housing community may serve
as a "temporary or emergency use in:"
-4-
1. Any district as part of a construction project or office use for
construction personnel or temporary living quarters for
security personnel for a period extending not more than 90
days beyond completion of construction....
Thus, Section 17.63.030(F) YMC authorizes manufactured homes for a temporary
construction office or temporary living quarters for security personnel, but does not
authorize their use for a temporary sales office.
9. Section 16.04.150 YMC, entitled "Model Homes", provides in part as follows:
Any other provisions of this title notwithstanding, following
preliminary approval of each full subdivision...the Public Works
Director is authorized to approve and the Building Official may
issue a permit for construction of one and only one residence for
use as a model home. Prior to final plat or site plan approval, such
unit may be occupied solely for purposes of promotion of the
development and may not be occupied as a residence except by
areal estate agent or other representative of the subdivider, and
then only for the limited purpose of security...
Thus, the YMC specifically addresses temporary sales offices by allowing such
offices to operate from a model home. The code does not authorize a manufactured
home "solely for purposes of promotion of the development". Therefore, staff
correctly determined that the code does not authorize such use and properly denied
the appellant's request.
10. The Examiner does not find the YMC ambiguous as it clearly authorizes model
homes to serve as temporary sales offices, but does not provide the same option
for manufactured homes. Even if the YMC is considered ambiguous, staff's
interpretation would still prevail. As stated by our Washington Supreme Court in
Hama Hama v. Shorelines Hearings Board, 85 Wn. 2d 441 (1975):
Finally, when a statute is ambiguous - as in the instant case -
there is the well known rule of statutory interpretation that the
construction placed upon a statute by an administrative agency
charged with its administration and enforcement, while not
absolutely controlling upon the courts, should be given great weight
in determining legislative intent...The primary foundation and
rationale for this rule is that considerable judicial deference should
be accorded to the special expertise of administrative agencies...At
times, administrative interpretation of a statute may approach "law
making", but we have heretofore recognized that it is an
-5-
appropriate function for administrative agencies to "fill in the gaps"
where necessary to the effectuation of a general statutory
scheme...lt is likewise valid for an administrative agency to "fill in
the gaps" by a statutory construction - as long as the agency does
not proport to "amend the statute". 85 Wn. 2d 441 at 448.
In the present case, staff has not amended the YMC by refusing to allow a
manufactured home to serve as a temporary sales office. On the contrary, staff has
interpreted the adopted provisions of the YMC in accordance with their clear
meaning.
CONCLUSIONS:
1. The Hearing Examiner has jurisdiction to consider and decide the issues presented
by this request.
2. The appellant has not established that the Building Official's denial of his request
to place a temporary sales trailer on lot 20 of the Van Norhop Estates subdivision
was erroneous. Therefore, the appeal should be denied.
DECISION:
The appeal of Douglas Walker is hereby denied.
fL
ORDERED this ~_ day of July, 2002.
P EN K. CAUSSEAUX, J
Hearing Examiner
TRANSMITTED this ~ day of July, 2002, to the following:
APPELLANT:
Douglas Walker
1329 E. Main
Puyallup, WA 98372
Dave Wilson P.O. Box 1567 Milton, WA 98354
City of Yelm
Tami Merriman
105 Yelm Avenue West
Yelm, WA 98597
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CASE NO: APP-02-8319-YL, DOUGLAS WALKER APPEAL
NOTICE
1. RECONSIDERATION: Any interested party or agency of record, oral or
written, that disagrees with the decision of the hearing examiner may make a written request for
reconsideration by the hearing examiner. Said request shall set forth specific errors relating to:
A. Erroneous procedures;
B. Errors of law objected to at the public hearing by the person requesting
reconsideration;
C. Incomplete record;
D. An error in interpreting the comprehensive plan or other relevant material; or
E. Newly discovered material evidence which was not available at the time of the
hearing. The term "new evidence" shall mean only evidence discovered after the hearing held by
the hearing examiner and shall not include evidence which was available or which could reasonably
have been available and simply not presented at the hearing for whatever reason.
The request must be filed no later than 4:30 p.m. on July 19, 2002 with the Community
Development Department 105 Yelm Avenue West, Yelm, WA 98597. This request shall set forth
the bases for reconsideration as limited by the above. The hearing examiner shall review said
request in light of the record and take such further action as he deems proper. The hearing
examiner may request further information which shall be provided within 10 days of the request.
2. APPEAL OF EXAMINER'S DECISION: The final decision by the Examiner may be
appealed to the city council, by any aggrieved person or agency of record, oral or written that
disagrees with the decision of the hearing examiner, except threshold determinations (YMC
15.49.160) in accordance with Section 2.26.150 of the Yelm Municipal Code (YMC).
NOTE: In an effort to avoid confusion at the time of filing a request for reconsideration,
please attach this page to the request for reconsideration.
NOTICE OF PUBLIC HEARING
CITY OF YELM HEARING EXAMINER
DATE: Monday, July 1, 2002, 9:00 a.m.
PLACE: Council Chambers, City Hall, 105 Yelm Ave W., Yelm WA
PURPOSE: Public Hearing to receive comments regarding the appeal of staff
decision to deny the placement of a temporary sales trailer in a
residential neighborhood. Case #APP-02-8319-YL
APPLICANT: Douglas Walker
PROJECT LOCATION: Van Norhop Estates, Mill Road and 107th Loop, Yelm.
The City of Yelm Hearing Examiner will hold a public hearing to receive comments on an
appeal of a staff decision to deny the placement of a temporary sales trailer in the Van
Norhop Estates subdivision. The Hearing Examiner will make a decision within 10 days
of the hearing.
Testimony may be given at the hearing or through any written comments on the
proposal, received by the close of the public hearing on Monday, July 1, 2002.
Such written comments may be submitted to the City of Yelm at the address
shown above, or mailed to the City of Yelm Community Development Department,
PO Box 479, Yelm WA 98597.
Any related documents are available for public review during normal business hours at
the City of Yelm, 105 Yelm Ave W., Yelm, WA. For additional information, please
contact Tami Merriman at (360) 458-3835.
The City of Yelm provides reasonable accommodations to persons with disabilities.
If you need special accommodations to attend or participate in this hearing, call the
City Clerk, Agnes Bennick, at (360) 458-8404, at least 4 days before the meeting.
ATTEST:
City of Yelm
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A nes Bennick, City Clerk
DO NOT PUBLISH BELOW THIS LINE
Published in the Nisqually Valley News: June 21, 2002.
Posted in Public Places: June 19, 2002.
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a .. ~l o Yelp
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105 Yelm Avenue West
P.O. Box 479
YELMQTON Yelm, Washington 98597
(360) 458-3244
Date: June 18, 2002
To: City of Yelm Hearing Examiner
From: Tami Merriman, Planning Technician
Re: APP-02-8319-YL, Douglas Walker Appeal of Staff Decision regarding placement of
a Temporary Sales Trailer at Van Norhop Estates
LIST OF EXHIBITS:
EXHIBIT A: .Letter from Mr. Douglas Walker Dated May 13, 2002.
EXHIBIT B: Letter from Mr. Gary Carlson, Building Official dated May 23, 2002
EXHIBIT C: Notice of Appeal received June 6, 2002
EXHIBIT D: Notice of Public Hearing June 21, 2002
PROPOSAL: The proposal is to set up a temporary sales trailer in a new 20 lot residential
subdivision located on 107th Loop and Mill Road, Yelm, WA. At the time of the initial request,
the applicant proposed to locate a sales trailer on Lot 20 of the Van Norhop Subdivision, stating
"the sales trailer would be removed after the completion of the first unsold home." The request
came in the form of a letter. A formal Land Use Application was not submitted. See Exhibit A.
On May 23, 2002, Mr. Gary Carlson, City of Yelm Building Official denied the request in the form
of a letter addressed to Mr. Douglas Walker. See Exhibit B.
NOTICE OF APPEAL:
On June 6, 2002, a Notice of Appeal of the staff decision was submitted to the City. The appeal
process is described in the City of Yelm Municipal Code (YMC), Chapter 15.49.160(A). The
appellants submitted the Notice of Appeal within fourteen days, as required by 15.49.160(A),
and paid the required fee of $50.00. See Exhibit C.
The appeal is to allow the temporary sales trailer on site for approximately 90 days, until the
model home is complete.
FINDING OF FACT:
The property is zoned R-4 Low Density Residential, which a-lows for up to 4 dwelling units per
acre. The Van Norhop Estates Subdivision final plat was reviewed and approved by the
Communihl Development Department, and recorded ~~~ith Thurston County on May 10, 2002.
"('Irc Cifi/ of Ycl~n is nri F.r~r~nl C)~~Eu~rl ur~iti~ f'rovi~lrr~
YMC Chapter 17.12.020 provides a list of allowed uses in the R-4 zone. YMC Chapter
17.12.030 Prohibited Uses states "Uses other than those identified or described in Section
17.12.020 are prohibited."
Comment: Staff reviewed the list of allowed uses and found that temporary sales office
is not listed as an allowed use. The R-4 zone does allow for the placement of
mobile/manufactured homes.
YMC Chapter 17.12 Low Density Residential Zone (R-4) allows for Mobile/manufactured homes
as provided in YMC Chapter 17.63.
YMC Chapter 17.63 states that it "Permits the location of manufactured homes as a permanent
form of dwelling unit in certain districts and as an accessory use or a temporary use in certain
other districts. The temporary use description is listed in YMC Chapter 17.63.040(F), temporary
or emergency use in:
1. Any district as part of a construction project for office use of construction personnel or
temporary living quarters for security personnel for a period extending not more than 90
days beyond completion of construction. A 30-day extension may be granted by the city
administrator upon written request of the developer and upon the administrator's finding
that such request for extension is reasonable and in the public interest;
2. Any district as an emergency facility when operated by or for a public agency;
3. In the open space/institutional district where a community need is demonstrated by a
public agency such as temporary classrooms or for security personnel on school grounds.
(Ord. 669 § 6, 1999).
Comment: Staff reviewed the Manufactured Homes chapter. The Chapter clearly states
that the temporary use of a manufactured home is for construction personnel or security
personnel. It is staff interpretation that a sales office is not the same as a construction
office. The sales office, for a residential subdivision is allowed by a model home, and is
regulated by YMC 16.04. i50
YMC, Subdivisions, Chapter 16.04.150 allows for a model home to be constructed prior to final
plat approval for the purpose of a sales office in a new subdivision. The chapter states "Any
other provisions of this title notwithstanding, following preliminary approval of each full
subdivision or binding site plan of five or more residential units, the public works director is
authorized to approve and the building official may issue a permit for construction of one and
only one residence for use as a model home. Prior to final plat or site plan approval, such unit
may be occupied solely for purposes of promotion of the development and may not be occupied
as a residence except by a real estate agent or other representative of the subdivider, and then
only for the limited purpose of security. The director upon written finding that the design and
placement of the unit would conform with all standards of the city if for any reason the plat is not
completed or is not granted final approval shall only authorize such construction and
subsequent occupancy. (Ord. 436, 1992).
Comment: The Yelm Municipal Code does allow for the construction of a Model home
prior to completion of final plat for the purpose of providing a sales office for a
residential development. The Model home is intended to be a home, and not a temporary
structure.
CONCLUSION AND STAFF RECOMMENDATION:
The Appellant has not met his burden of proof in that there has been no argument that staff has
interpreted the YMC incorrectly, only that other jurisdictions have different rules.
Staff has reviewed the request for a temporary sales trailer located at Van Norhop Estates by
researching the YMC Sections that would apply. Staff could not find an area of the code that
would support the temporary placement of a sales trailer. It is staff recommendation to not allow
a temporary sales trailer in a residential subdivision.
R:`Cnmmunity GevelopmenP.Project File;.APP Appeat~:.8~ 19 Van Norhop Sale; Trlr~sta(f report,doc
CIT'I( OF YELM
Letter Requesting Placement of Temporary Sales Trailer
EXHIBIT' A APP-02-8319-YL
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City of Yelm
Planning and Building Development Office: 253-841-7000
105 Yelm AVe. W. Office Address: John L Scott °uyallup
1329 E. Main
Yelm, WA 98597 Puyanup, WA 98372
May 13, 2002
Re: Temporary sales offrce for Van Norhop Estates
Dear Sirs:
I am the listing agent representing the builder of Van Norhop Estates located at 107' Loop
S.E. and Van Norhop St. S.E. Our client, Concord Development, will begin construction
around June 1, 2002. In order to market the homes, I would like to place a sales trailer at the
front of lot #20. The sales trailer would be temporary, and would be removed after
completion of the first unsold home.
This is necessary in order to have an on site sales representative and office. Without such an
office, my client would have less of an opportunity to sell homes during the initial phases of
construction, roughly the three to four months it would take to build the first homes. Some
disadvantages would include not having a sales representative on site to answer immediate
questions, to hand out plans, price, and options lists to potential buyers, to answer the
questions of other real estate personnel who bring their clients by, or to write immediate
contracts with buyers. Sales would be delayed and marketing hampered causing
unnecessary interest payment expenses for the builder during the time prior to establishment
of an on site sales office.
We would also be at a disadvantage to other communities that have current sales offices.
Dave Wilson has not had the opportunity to construct a model home for our use as he will not
be able to close on the land for another two weeks. The current model home provision favors
developers who would also build on their own developments over builders who purchase the
developed land as the latter do not have access to the land prior to closing.
Respectfully yours,
,`~~ i
~~D glas Walker
Jonn L. Scoi+~ Peal Estate
Cc: Oave Wiiscn
Ccrcord DeJS!c~ner.;
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Exhibit A, Page 1 June 18, 2002
CITY OF YELM Letter Requesting Placement of Temporary Sales Trailer
EXHIBIT A APP-02-8319-YL
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June 18, 2002
CITY OF YELM
Letter Denying Placement of Temporary Sales Trailer
EXHIBIT B APP-02-8319-YL
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105 Yelm Avenue West
Y ~ LM P.O. Box 479
..., ~IfASMIMGTpN Yelm, Washington 98.197
' (360) 458-3244
May 23, 2002
John L Scott, Puyallup
1329 E. Main
Puyallup, WA 98372
Attn.: DouGlas Walker
Re: Staff Decision on Temporary Sales Trailer at Vannorhop Estates
Dear IVIr. Walker,
It is the decision of City staff to deny your request for the temporary use of a Sales
Trailer.at Vannorhop Estates. The decision is based on Section 17.12.030 Prohibited
Uses (Chapter 17.12 is R-4 Zoning), paza~aph B, which states that "Uses other then
those identified or described in Section 17.12.020 are piolubited". Section 17.12.020
lists the permitted uses in the R-4 Zoning. The use of a temporary sales trailer is not
identified or described, and therefore is not permitted. Section 17.12.020 is attached.
The City reco~izes that sales staff does need a place to conduct their sales business. To
accommodate these needs provisions in Section 16.04.10 of City Ordinances allow a
Buildin' Permit to be issued for a model home to prior to final plat.
An appeal of this decision maybe made under Section 15.49.160 within 14 days of
receipt of this decision.
Ii I can be of further help or answer any questions please feel free to contact me at (360)
458-8407. Thank you.
Since
Gary- arlsor.
BuiI ir., Otficial
Exhibit B, Page 1
,,
June 18, 2002
CITY OF YELM Notice of Appeal
EXHIBIT C APP-02-8319-YL
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wasNiwGTOH
CITY ~F YEL1~1
PO Box 479
Yeim WA 98597
360-458-3244
NOT4CE QF
APPEAL
Fee: Staff Decision - $50.00
Commission Decision $900.00
tin addition, any professional service charge:
nAr Racnh itinn f!'~FAI
R=aw"-f E~
OFFICIAL U8E ONLY
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A Closed record appeal may follow either an open record hearing or an open record administrative
decision on 8 project permit application when the appeal is on the record; ancr no or 1!^?lted n=Mr
evidence or information is allowed to be submitted. Appeals on Category l & II project decisions are
heard by the City Council. Appeals on Category III ~ 1V project decisions as well as Category 1 & It
decisions which have been appealed to the City Councils go to Superior Court and follow the judicial
review process set forth in RCW 366.70C. A Notice of Appeal must be filed within 14 days of
Notice of Final Decision.
PROJECT CASE NUMBER BEING APPEALED
DATE OF NOTICE OFTFINAL DECISION ~?f9 Y 'Z 3 ~ ~ ZO o z.
APPELLANT(S) ~O y~ ~~/~, C~ ~.TD FED! L • S c.m rT')
Mailing Address ~
City, State and Zip v .9/!vO , (,~J~ ~~~ L
Telephone __Z53 - ~7Yf Zoac Z53 -3 70 -~ 6 50
SPECIFIC ITEMS OF DECISION BEING APPEALED (attach additional sheet If necessary)
dit! - ~~ r•E ,gloms O ~"F~C~ ~~ozrA ~ ~ ~ DEi+l~c`D
_ m~ l y ~~~ i ~- ~fE,2E ~i~~xp ~ o D~T-
_~itGT, C, r1i1,o b c` I ~~E l 5 ~M r ~c Tom.
,,
I affirm that all answers, statements and information contained in and submitted with this application
are complete and accurate to the best of my kno~rdedge. Further, I grant permission from the ovmer to
any and all employees and representatives of the Cipf of Yeim 2nd other gcvemmental agencies to
enter upon and inspect said properr~ as reasonably necessary to process this application. I agree to
pay all fees of the cit`j which a oly his application.
SiCned Date ~p - ~"{ - O Z
Exhibit C, Page 1
~ ~
June 18, 2002
CITY OF YELM
Notice of Public Hearing
EXHIBIT D APP-02-8319-YL
NOTICE OF PUBLIC HEARING
CITY OF YELM HEARING EXAMINER
DATE: Monday, July i, 2002, 9:00 a.m.
PLACE: Council Chambers, City Ha11,105 Yeim Ave W., Yeim WA
PURPOSE: Public Hearing to receive comments regarding the appeal of staff
decision to deny the placement of a temporary sales trailer in a
residential neighborhood. Case #APP-02-8319-YL
APPLICANT: Douglas Walker
PROJECT LOCATION: Van Norhop Estates, Mill Road and 107' Loop, Yelm.
The City of Yelm Hearing Examiner will hold a public hearing to receive comments on an
appeal of a staff decision to deny the placement of a temporary sales trailer in the Van
Norhop Estates subdivision. The Hearing Examiner will make a decision within 10 days
of the hearing.
Testimony may be given at the hearing or through any written comments on the
proposal, received by the close of the public hearing on Monday, July 1, 2002.
Such written comments may be submitted to the City of Yelm at the address
shown above, or mailed to the City of Yelm Community Development Department,
PO Box 479, Yelm WA 98597.
Any related documents are available for public review during normal business hours at
the City of Yelm, 105 Yelm Ave W., Yeim, WA. For additional information, please ~.
contact Tami Merriman at (360) 458-3835.
The City of Yelm provides reasonable accommodations to persons with disabilities.
If you need special accommodations to attend or participate in this hearing, call the
City Clerk, Agnes Bennick, at (360) 458-8404, at least 4 days before the meeting.
ATTEST:
City of Yelm
;~ ~ ~~ ;~,
Agnes Bennick, City Clerk
DO NOT PUBLISH BELOW THIS LINE
Published in the Nisqually Valley Ne~rrs: June 21, 2002.
Posted in Public Places: June 19, 2002.
Exhibit D, Page 1
,,
June 18, 2002
/ Gf THE pp~
~~~ 9r~
V/ ~\~!
YELM
WASNINOTON
June 17, 2002
Doug Walker
John L. Scott
1329 E Main
Puyallup, WA 98372
City of Yelm
105 Yelm Avenue West
P.O. Box 479
Yelm, Washington 98597
(360) 458-3244
Re: Appeal of Staff Decision Regarding a Sales Trailer at Van Norhop Estates
Dear Mr. Walker:
The Community Development Department has received your Notice of Appeal
and has scheduled a hearing before the Hearing Examiner on Monday, July 1,
2002, at 9:00 AM, in the City of Yelm Council Chambers located at Yelm City
Hall, 105 Yelm Ave. W., Yelm, WA.
At this hearing, it is the responsibility of the appellant to provide evidence to the
hearing examiner why the staff decision should be reversed.
The Department will prepare a staff analysis of the appeal, which will be available
for review a week before the scheduled hearing.
If you have any questions, please do not hesitate to call. I can be reached at
(360) 458-8496.
Sincerely,
Tami Merriman
Planning Technician
cfc: Stephen K. Causseaux, Jr., Hearing Examiner
Grant Beck, Community Development Director
,,
The City of Yelm is an Equal Opportunity Provider
NOTICE OF PUBLIC HEARING
CITY OF YELM HEARING EXAMINER
DATE: Monday, July 1, 2002, 9:00 a.m.
PLACE: Council Chambers, City Hall, 105 Yelm Ave W., Yelm WA
PURPOSE: Public Hearing to receive comments regarding the appeal of staff
decision to deny the placement of a temporary sales trailer in a
residential neighborhood. Case #APP-02-8319-YL
APPLICANT: Douglas Walker
PROJECT LOCATION: Van Norhop Estates, Mill Road and 107' Loop, Yelm.
The City of Yelm Hearing Examiner will hold a public hearing to receive comments on an
appeal of a staff decision to deny the placement of a temporary sales trailer in the Van
Norhop Estates subdivision. The Hearing Examiner will make a decision within 10 days
of the hearing.
Testimony may be given at the hearing or through any written comments on the
proposal, received by the close of the public hearing on Monday, July 1, 2002.
Such written comments may be submitted to the City of Yelm at the address
shown above, or mailed to the City of Yelm Community Development Department,
PO Box 479, Yelm WA 98597.
Any related documents are available for public review during normal business hours at
the City of Yelm, 105 Yelm Ave W., Yelm, WA. For additional information, please
contact Tami Merriman at (360) 458-3835.
The City of Yelm provides reasonable accommodations to persons with disabilities.
If you need special accommodations to attend or participate in this hearing, call the
City Clerk, Agnes Bennick, at (360) 458-8404, at least 4 days before the meeting.
ATTEST:
City of Yelm
~~ ~~
Agnes Bennick, City Clerk
,,
DO NOT PUBLISH BELOW THIS LINE
Published in the Nisqually Valley News: June 21, 2002.
Posted in Public Places: June 19, 2002.
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WASHINGTON
CITY pF YEL.M
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360-458-3244
RE~pi~~ED
OFFICIAL U8E ONLY
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Fee
Dais Rsteived ~ L U Z
NpTlCE pF Fila No.N~_ _C~[
APPEAL ~~ ~ I ~~ `~
Fee: Staff Decision - $50.00
Commission Decision $900.00
(In addition, any professional service charges
ne+r RDQnli~+inn iF4~A1
A Closed record appeal may follow either an open record hearing or an open record administrative
decision on a project permit application when the appeal is on the record, end nc+ or limited nAv~
evidence or information is allowed to be submitted. Appeals on Category l & II project decisions are
heard by the City Council. Appeals on Category III & iV project decisions as well as Category l & II
decisions which have been appealed to the City Councils go to Superior Court and follow the judicial
review process set forth in RCW 3t36.70C. A Notice of Appeal must be filed within 14 days of
Notice of Fina(I Decision.
PROJECT CASE NUMBER BE1NG APPEALED
DATE OF NOTICE OF FINAL DECISION h1/9Y 'Z 3 eia Zoo z
APPELLANT(S) ____ Leo y~? LIIA//5 C"~ ~~'Dlf/t~ L • Scm r"r')
Mailing Address
City, State and zip v //dP
Telephone -coo ~~-' - 70 -i 6 So
SPECIFIC ITEMS OF DECISION BEING APPEALED (attach additlonal sheet if necessary)
dot! - ~~ r"E ,gl~.s o ~'~"~cc t~ozra ~ I,>E ~ ~E~llc`D
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I affirm that all answers, statements and information contained in and submitted with this application
are complete and accurate to the best of my knowledge. Further, I grant permission from the owner to
any and alt employees snd roprssentatives of the City of Yelm and other governmental agencies to
enter upon and inspect said property as reasonably necessary to process this application. I agree to
pay all fees of the city which a ply his application.
Si ned ~ _ p
g Date ~ - Z
CITY OF YELAA v
dsk:lpHiCp~pldndept.xlappslpreplat.app
PAGE 1
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Cit o Yelm ~~~~ ~ ~ ~oo~
Y
lOS Yelm Avenue West
P.O. Box 479
w~~ Yelm, Washington 98597
(360) 458-3244
May 23, 2002
John L Scott, Puyallup
1329 E. Main
Puyallup, WA 98372
Attn.: Douglas Walker
Re: Staff Decision on Temporary Sales Trailer at Vannorhop Estates
Dear Mr. Walker,
It is the decision of City staff to deny your request for the temporary use of a Sales
Trailer.at Vannorhop Estates. The decision is based on Section 17.12.030 Prohibited
Uses (Chapter 17.12 is R-4 Zoning), paragraph B, which states that "Uses other then
those identified or described in Section 17.12.020 are prohibited". Section 17.12.020
lists the permitted uses in the R-4 Zoning. The use of a temporary sales trailer is not
identified or described, and therefore is not permitted. Section 17.12.020 is attached.
The City recognizes that sales staff does need a place to conduct their sales business. To
accommodate these needs provisions in Section 16.04.150 of City Ordinances allow a
Building Permit to be issued for a model home to prior to final plat.
An appeal of this decision may be made under Section 15.49.160 within 14 days of
receipt of this decision.
If I can be of further help or answer any questions please feel free to contact me at (360)
458-8407. Thank you.
Sincere
Gary arlson
Buil ing Official
~o ~ SE{~ck - 0 It
1
RECEIVED
MAY 16 1001
~~~Y o ~ ~-~•~,~. y .-
Doug Walker
,john It.,~cott®
REAL ESTATE
/~ ySE-/F ~.v.D f~f ~ /3 v, /v t~2 GIJo~ lA
7-0 ~~s c. ~ s s d~~ s ~~ r-r~2
jf`f~~¢iY~ s s~iz yo v2 ~E-/~
/itlC~i~l~
~ov~ Lv~~~c /Z.
Z~3-3~o-f~~ti
Mobile: 12531370-1690 E-Mail: doug~newhomesrus.com
Web Site: www.johnlscatt.com
,~ohn~.~C+oft~
RECEIVEQ
MAY 16 1002
,john ~,.,~coit
REAL ESTATE
City of Yelm
Planning and Building Development
105 Yelm Ave. W.
Yelm, WA 98597
May 13, 2002
Re: Temporary sales office for Van Norhop Estates
Dear Sirs:
Office: 253-841-7000
Office Address: John L. Scott Puyallup
1329 E. Main
Puyallup, WA 98372
I am the listing agent representing the builder of Van Norhop Estates located at 107' Loop
S.E. and Van Norhop St. S.E. Our client, Concord Development, will begin construction
around June 1, 2002. In order to market the homes, I would like to place a sales trailer at the
front of lot #20. The sales trailer would be temporary, and would be removed after
completion of the first unsold home.
This is necessary in order to have an on site sales representative and office. Without such an
office, my client would have less of an opportunity to sell homes during the initial phases of
construction, roughly the three to four months it would take to build the first homes. Some
disadvantages would include not having a sales representative on site to answer immediate
questions, to hand out plans, price, and options lists to potential buyers, to answer the
questions of other real estate personnel who bring their clients by, or to write immediate
contracts with buyers. Sales would be delayed and marketing hampered causing
unnecessary interest payment expenses for the builder during the time prior to establishment
of an on site sales office.
We would also be at a disadvantage to other communities that have current sales offices.
Dave Wilson has not had the opportunity to construct a model home for our use as he will not
be able to close on the land for another two weeks. The current model home provision favors
developers who would also build on their own developments over builders who purchase the
developed land as the latter do not have access to the land prior to closing.
Respectfully yours,
D glas Walker
John L. Scott Real Estate
Cc: Dave Wilson
Concord Development
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