Mendes
City of Yelm
Community Development Department
105 Yelm Avenue West
P.O. Box 479
Yelm, WA 98597
February 13, 2007
Teresa Mendes
109 93rd Ave. SE, Unit A
Yelm, WA 98597
Dear Teresa:
Thank you for your email dated February 9, 2007. I will try to respond to the questions in your email, and will refer to them by paragraph.
Zoning regulations are not always easy to understand, and I am constantly opening my zoning code to read and research on a daily basis. Enforcing the zoning code can sometimes be tricky,
and usually not visible to others in the community. Take for example, your business. Your business is not in compliance with zoning regulations. We have been in contact with you,
working with you to meet the zoning codes. It would appear to an outsider that we are allowing you to operate your business illegally, when in reality, we are trying to give you time
to get things worked out. This occurs often, as we try to assist business owners in understanding the requirements, and allowing them time to get through the “process”.
In paragraph #1, you stated your marketing company has questions regarding zoning and land use. They should contact me directly, as the Chamber of Commerce does not regulate or enforce
the Yelm Municipal Code. I would be happy to speak with them. Feel free to give them my number.
In your second paragraph, you stated that you were informed that other businesses had negotiated a variance by "favoritism/nepotism." The City cannot negotiate a variance, and I am
not sure what variances you are referring to that were granted to other businesses. If you have any information or detail, I can try to respond specifically.
Also in your second paragraph, you talk about other occurrences on the parcel that you are leasing. Some time back, you had alerted us that there were hazardous materials stored on
the property. Our Code Enforcement Officer at the time (he is no longer employed with the City) visited the site, and also arranged to have the site visited by the Fire Department.
At that time, no storage of hazardous materials were found.
Your email to me was the first that we were alerted that high school students are parking on the lot. We had not received any notice or complaint, and were not aware that this was occurring.
Do you have any further information regarding the special “parking permits” to which you refer?
In regards to the other businesses on the lot adjacent to yours; We were working with the RV repair, to have them remove the RV’s that they had on the lot. Like with you, we met with
them regarding zoning regulations, and explained the improvements required to use the lot. It was shortly after that that they decided to move. It is my understanding that the business
no longer exists. Thank you for making us aware that there are still travel trailers located there. We will be contacting the property owner to have them removed.
I am very sorry that you feel that we have not tried to work with you and your business. In early May 2006, when we were first made aware that you were operating your business, we contacted
you in person to let you know that you were not in compliance. We then met with you on May 10, 2006 at a presubmission meeting to let you know what is required to operate an additional
business at your site. We were willing to give you time to get an application together, and had your consultant contacted us, would have been happy to explain what is required in a
site plan review application. We waited for quite some time, with no response from you or your representative, and during this entire time you have been operating your business without
land use approval and without a business license. Even our enforcement letter was written to give you more opportunity to work with us to bring your site into compliance.
In your paragraph 3, you state that you think you shouldn’t have to provide improvements to the property you are operating a business on because you do not own it. Chapter 17.84 Yelm
Municipal Code states that “Site plan review and approval shall be required prior to the use of land or building or the location of any commercial, industrial or public building or activity.”
If you think about it, there are many times that a business may be owned and operated by someone other than the property owner. It is the responsibility of the operator of the business
to be in compliance with City regulations. If that were not the case, all businesses could just start appearing on land they are leasing from others, and never improve their sites.
This would apply to all businesses. Not only would this not be safe for pedestrians and traffic, but would also not be safe for environmental reasons, such as treating stormwater runoff
from a parking lot, (gas, oil, and dirt) prior to letting it seep back into the ground.
In paragraph 5, you stated that I returned your application, but not the application fee. We have your entire application package on file. The application was processed to the point
that we reviewed it, and found that there was missing information. It was not returned to you, as we were expecting further information to complete our review. If you would like for
me to use your email to formally withdraw your project application I can do that, and once the U-haul vehicles and trailers are removed from the site, we will consider the application
withdrawn. At that point, I can begin the refund process. The
City issues checks after each scheduled City Council meeting. City Council meetings are held the second and fourth Tuesday of each month. I have your business license application in
my possession. It does not show that payment was received. We are researching our receipts to see if this payment was made. That may take a day or two. If you have your receipt or
cancelled check for the business license application, that would speed the process.
I have sent you via email, contact information for Mayor Ron Harding. I hope that you take the time to make contact with him.
You may contact me at any time regarding any City matter. I would be happy to listen to your concerns and try to answer your questions. If I don’t know an answer, I will try to find
it for you.
Sincerely,
Tami Merriman
Associate Planner
Department of Community Development
cc: Ron Harding, Mayor
Shelly Badger, City Administrator