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Project Rev & CorrespondenceNovember 17, 2003 Yelm Community Schools Erling "Rocky" Birkland P.O. Box 476 -~ Yelm, WA 98597 `~~~ /' __ RE: YELM COMMUNITY SCHOOLS VARIANCE REQ~JEST VAR-03-8350-YL % Dear Applicant: Transmitted herewith is the report and decision of the City of Yelm Hearing Examiner relating to the above-entitled matter. Very truly yours, ~ ~~ STEP E . CAUSSEAUX, J Hearing Examiner S KC/ca cc: Parties of Record CITY OF YELM -1- The City of Yelm is an Equal Opportunity Provider OFFICE OF THE HEARING EXAMINER CITY OF YELM REPORT AND DECISION CASE NO.: YELM COMMUNITY SCHOOLS VARIANCE REQUEST VAR-03-8350-YL APPLICANT: Yelm Community Schools Erling "Rocky" Birkland P.O. Box 476 Yelm, WA 98597 SUMMARY OF REQUEST: The applicant is requesting a variance to vary the maximum height requirement in the Institutional District in order to allow a portion of a proposed building to exceed the maximum height requirement of 40 feet. SUMMARY OF DECISION: Request granted, subject to conditions. PUBLIC HEARING: After reviewing Planning and Community Development 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 November 3, 2003, at 9:00 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" - Planning and Community Development Staff Report and Attachments GRANT BECK appeared, presented the Community Development Department Staff Report, and testified that the applicant will construct a new high school building in which it desires to include a loft which exceeds the 40 foot height limit. The applicant proposes a mansard, flat type roof. The Yelm Municipal Code defines building height and the -2- structure will extend to a height of 53 feet for an area of 3,700 square feet. Staff cannot find a reason to support the variance. The parcel is large and flat and has no constraints to building. As an alternative the applicant could lower the floor by 13 feet. No building in the entire City exceeds the maximum height. Because of the zone classification, the district need not obtain a special use permit. Even if the district needed such permit, the permit only allows modification when such better protects adjoining parcels. JOHN ERICKSON, architect, appeared on behalf of the request and testified that the structure will measure approximately 53 feet to the top of a flat roof. He noted the football stadium measures 52 to 53 feet in height and also has a flat roof. Concerning Mr. Beck's alternative, they could lower the structure 12 to 13 feet into the ground, but at a much greater cost. Furthermore, ramps descending into the lowered floor are not feasible and they would need elevators. The theater will serve the high school and they will have many elderly parents and grandparents attending. The site contains 37 acres, but they have struggled in their effort to locate the building. They have resolved all of the location issues and will add 40,000 square feet. Spreading out and storing the stage materials horizontally will create difficulties and impact parking spaces, etc. Section 17.66.050 of the code requires that development not detrimentally impact adjacent parcels. He introduced Exhibit "2", a sheet showing the comparison of the heights of other schools. The district's proposal is within the range. He also noted that the code allows church steeples. Appearing was DAVE LAWRENSON who testified that the loft is necessary to provide a state-of-the-art theater which allows students to learn in a real theater which uses a real fly loft. The community can use the theater as well as the school. Having a fly loft allows them to raise whatever is visible on the stage above the stage to become non-visible. It eliminates the need to build hard shells and move them on and off of the stage. In musicals they can raise and lower four sections. Again, the alternate is hard shells and storage. The loft allows them to do quick changes during plays and between plays. They can change the use of the facility from one type of activity to another. They would need to move pianos and other equipment from other areas of the building as opposed to dropping and raising such equipment. It is always difficult to get equipment back and forth. It takes a full day to prepare a set and then another day to break it down. With the fly loft they can complete these tasks the same day. The project will benefit the community as the community can use the theater, and therefore it will help community welfare. They can attract major traveling shows to include opera and theater to the school because of the state-of--the-art facility. They will use the stage every day as a classroom and theater groups could come in as well. ELLEN BERT, district superintendent, appeared and testified that during the campaign for the levy they talked with the arts and theater people in the area. The arts and theater community supported the levy due to the state-of-the-art theater and fly loft. The levy received more than a 60% vote, and they need to fulfill their assurances to the arts community. -3- GRANT BECK reappeared and testified that he tried to find a reason to approve the variance and recognizes that the theater will function better with a loft. Mr. Lawrenson made some very good points for the special circumstances test. However, special circumstances is only one criteria, and the district must also establish that it will not receive a special privilege. As he previously testified, no other facility in Yelm exceeds the 40 foot limit. The football stadium does not have a flat roof. Many facilities exceed 40 feet, but the code exempts them from the limitation. Again, the district does not need a special use permit, but even if it did, it could not meet the criteria. Mr. Beck responded to questions by stating that the height limit protects views and complies with the fire code. No view issues exist in the present case. MR. ERICKSON reappeared and testified that the fire safety people support the variance request. The structure measures 80 feet or more from the nearest property line which is a road. The nearest private property line is across the road. No one spoke further in this matter and so the Examiner took the request under advisement and the hearing was concluded at 9:45 a.m. NOTE: A complete record of this hearing is available in the City of Yelm Community Development Department FINDINGS, CONCLUSIONS AND DECISION: FINDINGS: The Hearing Examiner has admitted documentary evidence into the record, viewed the property, heard testimony, and taken this matter under advisement. 2. This request is exempt under SEPA. 3. A Notice of Application mailed to local and state agencies, and surrounding property owners on September 19, 2003. A Notice of the Public Hearing was published in the Nisqually Valley News on October 24, 2003, and posted in public areas on October 22, 2003. The public hearing notice was mailed to adjacent property owners and the applicant to October 22, 2003. 4. Yelm Community Schools (applicant) desires to modernize and construct additions to the existing Yelm High School which abuts the southeast side of SR-510 near its intersection with 93`d Avenue SE within the City of Yelm. The L shaped, 37 acre parcel is presently improved with a school building(s), parking area, and athletic fields, and has an address of 1315 Yelm Avenue West. -4- 5. As part of the modernization/addition project the applicant desires to construct a performing arts addition including a fly loft which needs to extend to a maximum height of 53 feet. The fly loft would have a flat roof and would measure 3,700 square feet in area. According to the site plan, the fly loft would measure approximately 80 feet from the nearest property line (SR-510). 6. The parcel is located within the Open Space/Institutional Zoning District (OS) of the Yelm Municipal Code (YMC). Section 17.48.010 YMC sets forth the intent of the OS classification in part as follows: A. Protect and preserve certain areas of land devoted to existing and future use for civic, cultural, educational and similar facilities... C. Enhance the identity and image of the community as a desirable place for human growth and development;.... D. Provide opportunities and facilities for the various activities and needs of a diverse and dynamic population.... Section 17.48.020(A) YMC authorizes as outright permitted uses schools and colleges, community meeting halls, libraries, museums or other similar cultural facilities, and similar or related uses. Section 17.48.060 YMC requires no minimum size and shape, but requires that the parcel "be appropriate to the proposed use of said site and its relationship to abutting properties and traffic patterns". Section 17.48.070 YMC limits the maximum height of buildings to 40 feet and requires setbacks of 25 feet side yard, 25 feet rear yard, and 35 feet from SR-510. 7. To facilitate the fly loft the applicant must obtain a variance of 13 feet from the maximum height limit of 40 feet as set forth in Section 17.48.070(A) YMC. Section 17.96.023 YMC sets forth the requirements for a variance. Said section provides: If because of special circumstances applicable to the subject property due to size, shape, topography, location or surroundings, and if the strict application of this Title is found to deprive the subject property of rights and privileges enjoyed by other properties in the vicinity and under identical zone classifications, the approval authority may grant a variance in accordance with the provisions for variances in this chapter. Staff acknowledges that the applicant submitted testimony at the hearing which established the special circumstances test, but also finds that the applicant has not established that denial of the variance would deprive it of rights and privileges enjoyed by other properties. The applicant asserts that the request satisfies the -5- variance criteria and also asserts that the school qualifies as a special use as set forth in Section 17.66.020 YMC. Section 17.66.050 YMC authorizes the approval authority for special uses to alter or vary design standards such as building heights. However, the school district does not qualify as a special use since the OS zone classification authorizes it as an outright permitted use. 8. The fly loft will allow visible items used on the stage such as sets and screens to be raised above the stage and become non-visible. Such eliminates the need to build hard shells which must be moved on and off stage and also into and out of the building. The fly loft allows quick changes during plays and between plays and different types of activities. The fly loft eliminates the significant challenge of getting production equipment back and forth between buildings. The fly loft will benefit the community as a "state-of-the-art facility" and will attract traveling shows such as opera and theater. In addition, the district will use the stage everyday as a classroom. 9. According to Anderson's American Law of Zoning, 4"' Edition, zoning codes typically authorize two different types of variances: a use variance which allows a use otherwise prohibited within a specific zone classification; and an area variance which allows reductions in bulk regulations such as yard setbacks and heights. In Anderson, Section 20.48, the author writes: ...In most states, the courts will approve an area variance upon a lesser showing by the applicant than is required to sustain a use variance... The prime justification for requiring less of an applicant for an area variance than is required in the case of a use variance is that the former does not affect the use of the land. An area variance is thought not to threaten adjacent lands with the establishment of an incompatible use, or to hazard the maintenance of a use which will change the essential character of a neighborhood.... Our Washington Appellate Courts agree with Anderson as evidenced by the Court of Appeals decision in Martel v. Vancouver, 35 Wn. App 250 (1983); ...We note in this connection that this variance is an area variance rather than a use variance, and courts generally approve area variances upon a lesser showing of hardship or practical difficulty than is required for a use variance....35 Wn. App 250 at 256. 10. Courts have also recognized a distinction where a proposed use furthers the public welfare in general. In Bonsalt v. Mendham, 116 NJ Super 337 (1971), the New -6- Jersey Court held that a proposed use of institutional dimension in furtherance of the public welfare qualified as a special reason for the granting of a variance to a non-profit organization devoted solely to helping blind people gain independence and freedom via the resumption of mobility through the use of seeing eye dogs. The Court found no substantial detriment to the public good or the intent and purpose of the zoning plan if a variance were granted allowing construction of a building enclosure over a dog run. In the present case, the applicant requests a height variance to allow construction of a fly loft which will help in the education of high school students as well as provide a "state-of-the-art theater" for the community, and thus serves the public welfare. 11. In evaluating the criteria set forth in Section 17.96.023 YMC with the above section in Anderson, the Examiner finds that the applicant has satisfied the criteria for an area variance. The aerial photograph shows that the applicant has used virtually the entire site for school buildings, athletic fields, and a parking lot. Requiring a loft alongside the stage would requiring elimination of parking spaces or athletic facilities and would also not meet the goals of a fly loft. The OS zone classification does not have a minimum lot size requirement, but the applicant's parcel measures 37 acres and the fly loft will measure at least 80 feet from the nearest exterior property line. By comparison, the Industrial/Warehouse District and the Industrial District authorize building heights of 40 feet and minimum lot areas of 10,000 square feet. Thus, in said zone classifications, 40 foot high structures would be located substantially closer to property lines than the 80 feet proposed by the applicant. The size of the parcel coupled with the proposed use supporting the public welfare satisfies the special circumstances test. 12. Section 17.96.023 YMC also requires the applicant to show that strict application of the height limit deprives it of rights and privileges enjoyed by other properties in the vicinity and under the identical zone classification. The evidence shows that no other parcel within the vicinity is either presently used or proposed for use as a high school. No other parcel supports a theater or performing arts center. The height of the school (fly loft) compares favorably to the height of other high schools in the area (Exhibit "2"). Finally, as previously found, courts grant deference to institutional uses furthering the public welfare. The applicant has satisfied the second variance test, and has also shown that denial of the variance would deprive the school of rights and privileges enjoyed by other schools in the area. Denial of the variance would affect the applicant's ability to provide a high quality education for its theater students. CONCLUSIONS: The Hearing Examiner has jurisdiction to consider and decide the issues presented by this request. -~- 2. The applicant has established that the request fora 13 foot variance to the maximum height requirements of the OS zone classification satisfies the criteria set forth in Section 17.96.023 YMC, and therefore should be granted subject to the following conditions: A. The decision set forth herein is based upon representations made and exhibits, including plans and proposals submitted at the hearing conducted by the hearing examiner. Any substantial change(s) or deviation(s) in such plans, proposals, or conditions of approval imposed shall be subject to the approval of the hearing examiner and may require further and additional hearings. B. The authorization granted herein is subject to all applicable federal, state, and local laws, regulations, and ordinances. Compliance with such laws, regulations, and ordinances is a condition precedent to the approvals granted and is a continuing requirement of such approvals. By accepting this/these approvals, the applicant represents that the development and activities allowed will comply with such laws, regulations, and ordinances. If, during the term of the approval granted, the development and activities permitted do not comply with such laws, regulations, or ordinances, the applicant agrees to promptly bring such development or activities into compliance. C. The variance is limited to a maximum height of 53 feet and for the construction of a fly loft with an area of approximately 3,700 square feet. nFrisinN~ The request for a variance to the 40 foot maximum height restriction in the Open Space/Institutional District to allow a portion of a high school building to extend to 53 feet above grade is hereby granted subject to the conditions contained in the conclusions above. ORDERED this 17th day of November, 2003. EN .CAU Hearing Examiner -a- TRANSMITTED this 17th day of November, 2003, to the following: APPLICANT: Yelm Community Schools Erling "Rocky" Birkland P.O. Box 476 Yelm, WA 98597 Erickson McGovern PLLC 120 131St St. S. Tacoma, WA 98444 City of Yelm Tami Merriman 105 Yelm Avenue West P.O. Box 479 Yelm, Washington 98597 -9- CASE NO.: YELM COMMUNITY SCHOOLS VARIANCE REQUEST VAR-03-8350-YL 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 November 28, 2003 (10 days from mailing) 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. -10- VISITOR SIGN IN SHEET Please sign in and indicate if you wish to speak at this meeting or to be added to the mailing list to receive future agendas and minutes. ALL CITY HEARING EXAMINER MEETINGS ARE AUDIO TAPED. FOR INFORMATION ON OBTAINING A COPY PLEASE CALL YELM COMMUNITY DEVELOPMENT DEPARTMENT AT 360-458-3835 MEETING: YELM HEARING EXAMINER DATE: NOVEMBER 3, 2003 TIME: 9:00 AM LOCATION: YELM CITY HALL, COUNCIL CHAMBERS Hearing: 1. Yelm Community Schools Variance Request VAR-03-8350-YL NAME & ADDRESS MAILING LIST? /SPEAKER? (Indicate which public hearing by the assigned numbers above) ~r Ci o Yelm a M ~~ 105 Yelm Avenue West P.O. Box 479 YELMoTON Yelm, Washington 98597 (360) 458-3244 NOTICE OF PUBLIC HEARING YELM HEARING EXAMINER DATE: Monday, November 3, 2003, 9:00 a.m. PLACE: Council Chambers, City Hall, 105 Yelm Ave W., Yelm WA PURPOSE: Public Hearing to receive comments regarding the Yelm School District request for a variance from the maximum building height regulation in Section 17.48.070, Yelm Municipal Code. Case #VAR-03-8350-YL APPLICANT: Yelm Community Schools, Erling Birkland PROJECT LOCATION: Yelm High School site, 1315 Yelm Ave. West, Yelm, WA 98597 The City of Yelm Hearing Examiner will hold a public hearing to receive comments regarding the Yelm School District request for a variance from the maximum building height regulation in Section 17.48.070, Yelm Municipal Code. The Hearing Examiner will make a decision on the matter within 10 days after the hearing. Testimony may be given at the hearing, or through written comments on the proposal, received by the close of the public hearing on Monday, November 3, 2003. 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 ~;' - r~ ~~ r.' ~ . Agnes) Bennick, City Clerk DO NOT PUBLISH BELOW THIS LINE Published in the Nisqually Valley News: Friday, October 24, 2003 Mailed to Adjacent Property Owners and Posted in Public Places: October 22, 2003. The City of Yelm is an Equal Opportunity Provider 10/17/2003 12:42 FAX 253 531 9197 Erickson McGovern ERI C K§ON•NI~G OVE R IV r ~ tr Erickson • McGovern, Plll: T.O: t2o tn" sucrl s. Firm: Tacoma, WA vaaaa•aeoa Fax No: te1253.531•0206 $ubJecl: Ia^ 253.531.9197 PTOjec1: Ma11QE ~ ~ctcsonMcGoveracom ArchitectureAnalyslsSchoolDesign FAX TRANSMtSSiON 1Q 001/006 ~ ~ ~ flae: 4~ o~ t~Y ~ No. of Pages: (including cover) '_ i1 ~~ ,..7~. 4~, From: `~F ProjACl No. Y1A f"i r Copy To: Copy To Follow 1n Mall: Yes / No John Er+ckson ~ R{clc McGovern I sFCJt~ $tOraa51{ I Jay Pennon I Tz:y Wong ~ Gerry Plesc AIA~ Partner AIA, Darfncr 1 AlA Partner it AIA Partner 1 AIA, PaMCr AIA~ Assetlate i~ O~ TH,F ~~ 0. L STAFF REPORT City of Yelm Community Development Department To: Stephen K. Causseaux, Jr., Hearing Examiner From: Grant Beck, Director of Community Development Date: October 10, 2003 Subject: Yelm Community Schools Variance Request VAR-03-8350-YL Applicant: Yelm Community Schools Eriing `Rocky' Birkland P.O. Box 476 Yelm, WA 98597 Location: Yelm High School, 1315 Yelm Avenue West Proposal: Vary the maximum height requirement in the Institutional District in order to allow a portion of a proposed building to exceed the maximum height requirement of 40 feet. Background Yelm Community Schools has applied for a variance from the height requirements of the Institutional District in order to construct a new high school which includes a fly loft in the performing arts area which exceeds 40 feet in height. The property to the north and west of the site is commercially zoned with some existing commercial uses. Areas to the south and west of the property is zoned residential with single family homes and vacant land. The property is designated by the Yelm Comprehensive Plan as Institutional Distract. The property is over 36 acres in area and currently contains the Yelm High School, including Gassrooms, a football field and stadium, tennis courts, and a parking lot. The property is mostly rectangular in shape, being approximately 1,700 feet by 1,700 feet with a 400 by 400 section to the northwest. The site is level, with a difference of only 10 feet in elevation over the entire property. The High School is located on Yelm Avenue West (SR 510), an urban arterial. The Uniform Building Code defines the height of building as the vertical distance above a reference datum measured to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the average height of the highest gable of a pitched or hipped roof. The proposed building includes a gable roof above the commons area which averages 39 feet 3 inches above grade with a maximum height of 53 feet. The proposed fly loft has a flat roof with a height of 53 feet measured at the coping line, and an area of approximately 3,700 square feet. ~ .' Staff Report Page 1 of 3 Chapter 17.48 YMC establishes the allowed uses and the development standards for the Institutional District, as follows: Maximum height of buildings: Maximum development coverage Side yard minimum setback: Rear yard minimum setback: Front yard minimum setback: 40 feet 70 percent of site. 15 feet (25 feet to residential zone) 15 feet (25 feet to residential zone, with 25 feet of landscaping) 35 feet (25 feet to minor street) The City of Yelm will provide police protection, water service, and sewer service to the new High School. Fire protection services are provided by The SE Thurston Fire/EMS District (Thurston County Fire Protection District #2). A Notice of Application was mailed to local and state agencies, and surrounding property owners on September 19, 2003. A Notice of the Public Hearing was published in the N/squally Valley News on October 24, 2003, and posted in public areas on October 22, 2003. The public hearing notice was mailed to adjacent property owners and the applicant on October 22, 2003. Section 17.96.023 Yelm Municipal Code allows the issuance of a setback if because of special circumstances applicable to the subject property due to size, shape, topography, location, or surroundings, and if the strict application of this title is found to deprive subject property of rights and privileges enjoyed by other properties in the vicinity and under identical zone classification, the approval authority may grant a variance in accordance with the provisions for variances in this chapter. The School District indicates in the application that the fly loft provides adequate accommodation for the performing arts and music programs and allows Yelm High School to be on a par with other Washington high schools. The District further indicates that it will be able to sponsor community events that existing facilities cannot accommodate, and that Yelm High School students would be impaired by inadequate facilities that do not meet basic program requirements. The District also claims the Zoning Gode provides exception for a height variance as the proposed use is similar to the special uses listed in Chapter 17.66 YMC, and notes that the area the area above the stage is na different than a church bell tower or fire station drying tower. Analysis There is no extraordinary circumstance related to the property. There is no special circumstance related to the property that would preclude the use of the site as a high school, with a performing arts and music program, or accommodating other community events. The size of the property is sufficient to accommodate the Districts propo new High School building, along with older buildings to be demolished after the new sch ols is occupied. The property is not of a shape that unduly restricts the location of the propose building and the topography does not impact construction or necessitate a taller building than would be allowed. There is nothing special about the location or surroundings of the school which would create a circumstance in which a school facility could not be utilized, as shown by the existing high school on the property. The sole circumstance that forms the basis of the variance request is the desire to have a fly loft in the auditorium which allows scenery and curtains to be stored above the stage rather than to the side of the stage. It is possible to accomplish this within the 40 foot maximum height through an alternate building design, such as excavating under the auditorium to allow recessed seating. Approval of a variance would be a grant of special privilege. The District compares the proposed High School to other schools in Washington State, although no evidence was submitted which indicates that a fly loft is prevalent in the State, but does not address how denial of a variance would deprive the property of rights enjoyed by others within the vicinity and under identical zoning classification. Although not linked to the variance criteria, there is also no evidence to support the Districts claim that a performing arts center without a fly loft is inadequate or that community events could not be accommodated within a facility without a fly loft. The present performing arts center at the current high school does not have a fly loft. There are no other buildings within the City of Yelm and within the Institutional District which exceed the 40 foot height limit as defined by the Zoning Code. If a variance were approved, therefore, only the District would benefit and it would clearly be a grant of special privilege. The maximum height may not be modified through a Special Use. A School facility is not similar in nature to any of the listed Special Uses as found in Chapter 17.66 Yelm Municipal Code and is specifically allowed in the Institutional District. Further, the height limitation may be modified by the approval authority for a special use only when the alteration is found to be reasonable to protect adjacent properties or health of the community [Section 17.66.050 YMC]. The fly loft requires the issuance of a variance if over 40 feet in height. The examples of permitted encroachment beyond the maximum height limit cited by the District are specifically listed in the Zoning Code as being allowed or exempt from the definition of building height, as it is not top of the gable as determined in the Uniform Building Code. The proposed fly loft is approximately an 3,700 square foot encroachment above the height limit. Recommendation The Community Development Department recommends the Hearing Examiner deny the variance application as the proposal can not meet the criteria for approval of a variance as found in Section 17.96.023 YMC. O p 10/17/2003 12:42 FAX 253 531. 9197 9 6 4 ~ ~ ~ i~, ~ n o~ x ; 9~ q ~ ~~ ~ ~ 9 ~ ~ ~ E ~ D F E ~ E ~ ~ ~ ~ c 3 ja~ a s ('~ $ ~ ~ i G • ~ ~ ~ q 6 b l t 3 ~ir ~-- t €~~ s ~ ~ Erickson 01cGovern ~ 002/006 f ,'~ ~/~ ,~//~~ /~ , r /~ ~ • ~, ~ti /l~ ~` Y ~ ~+ ~ . /d i rd ~c ~-" ~~~ o ~r ~ ~ ~i ~ c~ ~ ~~`\ o B~ ~~~ ,•~~ ,~ 0~ O' ~ IT ~~ / T ~ i//~ //,/• ~~ 1,11 31 /, /. / ~ If U ? ~- i ,/ , ~ ~ -~ / ~ k '' s \ {i ~ ~ 1 ~'"-, r' 'J... is i i i I I ~ i i I i~ It II t N. ,~ f~ I .j f ;.-..._ i-.._. ~ ~ ~~~ ~ V Q ~8~ OVERALL SRE PVIN YELM HICjH $CHO01 ADDITIONS 8 MODERNIZATION YdM CO~f1MUMN SCh0011. TI1UR1011 COU111Y. T91M• VaA .~ .. .~ W uw~r+•+i ERICK40N•McGOVERN lr slt trcUrr•U~t7r 1r •lalrrl -rril^ ~eir.w ~~ ATTACHMENT 'A' 10/17/2003 12:42.FAX 253 531 9197 0 v ~a ~~~ ~n~ a=o 2 m.r ri P O Erickson McGovern lQ 003/006 _ _. -__~°J _~ - oS~~~ .- ' -- ~,~ -~-., - C _- • d - - ~~ ~" ; - „~_, - j, . ~. - ~~ - -~- .~. - . D ~ ~~~ i Ana 3 ENtaPGED DIwN y ~ ~~( Yy YELM HIGH SCHOOL ADDI110NS & MODERN1ZI~nON ~ G 8 ~ 4 relm Comm~n~iY Senools, thwiion County, veer.,, wn ERICKSON•MCGOVERN tre 11 UrUrtrUU~rU •SUtti lulu A1?ACHMENT '8' 10/17/2003 12:4,2 FAX 253 531 9197 Erickson McGovern lQ 004/006 a ~~gg ~9 a . i z ~~ Z ~3 ~, ~ ~~~ . ~~~.~ ~ n 0' I I ~ 1 ~ ~ (~ fib .o ~ ~ srrir F.~CT'~RIL'7FC ElEVk710K9 w ~ ERICK.~ON~MtGOVERN 'rELMHIC,iHSCH0OL~D01TIC5NSE,MODERtJ11ATION ~•~~~~~~„~~~-~~~~+~~~ ~t~~~•~ ~~"~" Yelm Co(.,muniry Scnoou, R~wslon County. vekn, w~ , , ., , ~ ::r ..~- ATTACHMENT ~ C 10/17/2003 12:43 FAX 253 531 9197 P 1 S O z z m Y d. ~ '~~ - •~ ~ ~ & Erickson McGovern lQ 005/006 I t f ~ ~~ I O Id ~ Pxr E[ilc3r} FLCMTIOnL9 `` £ R I C K.~ O N• M c G O V E R N YELM HICTHSCHOOLAbblil©XISa'MODERNIZATION •~~~~~~~'l•+., •.~,„~i~ • ~n..+ ~„.,. Yelm Gommunily Schoch, fi+ufslon County. Yehn• wn , , ATTACHMENT ~ C 10/17/2003 12:43 FAX 253 531 9197 Erickson McGovern r lQ 006/006 ,~ ~ ~~~ ~ ~ ~i ~ ~, ~ \ 1 ~ .~ ~• ~ . ~ r ~!~ ~ ~ II / I a I I I ' ~~ ~ ~~. .I.~. I I i i i i i ~ ~~ 'I l a~ I I I -- ~ `1 ~ , i I ~~ ' f . __~ Ijt ,p j ~~ j j m i l ~; ~ i ~ , -..,~ ~O •I M ~ ~ I--~----_-_ T ' 11 i D ~ ~ .I I I I b ~ ' II' ' f ,~~ ~ j ~ b ~~ b _~ ~ a 1~~ N ROOF VUr+: eunpnG • i0W700 c N g ~ ~ ~ YEIM HIGH SCri00~ nDDmon<s b MOOERNIIATION Yeun Oommurutp Scnoon wo ], nM.NI~On Caxni. Yelm, w~ L .® a ~~ . ~~ ERItK~ON•MCGOYERN r•Sn•~~u•••••u•u•ui1T7ii R~CEPV~D Q/ ~p~' ~F THE A~, t~ r YELM WASHINGTON CITY OF YELM PO Box 479 Yelm WA 98597 360-458-3244 APPLICATION FOR VARIANCE PERMIT Fee: $250.00 (In addition, any professional service charges per Resolution No. 358.) cP 0 5 20Q3 OFFICIAL USE ONLY Fee Date Received ey File No. U~~~n3 -~3~0 ~~L Variances are for the modification of size, dimension or design requirements in situations where unusual physical conditions of the property, such as shape or topography, make it impossible or unduly difficult to meet requirements of the zoning district or other City standards. The power to vary is limited to the minimum change necessary to overcome the inequality inherent in the property. Variances are granted only when the following specific circumstances exist: 1. The change must not constitute a rezone. It must not be for a use not permitted in the district. 2. Special physical conditions must exist on the property which makes ordinary standards or requirements impossible to meet, or which would cause undue hardship. 3. The special conditions peculiar to the property must not result from actions of the applicant. 4. The variance must not confer a special privilege that is denied to other properties in the same district. NAME OF PROJECT Yelm High Schnnl Arlrli ti nnc anA Modernlzati~n APPLICANT Erling Birkland, Dir. Facilities & Maintenance Yelm Community Mailing Address P• Box Schools City, State and Zip Yelm WA 98597-0476 Telephone (360) 458-6114 OWNER yalm roumrlinit3r Schraels Mailing Address n n nn., r,~ti City, State and Zip valor T"tp ag4g7-pL,76 Telephone nl .~g_til~$ ENGINEER/ARCHITECT/OTHER Erickson McGovern P.L.L.C. (John Erickson) Mailing Address 120 131st Street South City, State and Zip Tacoma WA 9R4LrLr-4gpL~ Telephone (75~~5~i-n~~ SUMMARY OF REQUEST Allow the flyloft structure over the stager to exceed the exterior 40-ft height limitation by ~~roximately 13'-n" rn a71nw stage Gprrinbaa~ liohtc and ar+roietir c~'}®1 ~S t:A ~e ~a'sed abase t:2tl'~ 9~8ge zide~The af1(1or1 }ini oht i e rnn..i n.d F'.. ,ter. ,.f. _ ~ _r~ _ 7,, `1 ^YY' Y •r ' , 't Y V~JCl 11CZght shave tht~ st:agr~ €lee~r PROPERTY LOCATION General Location NE of the City center on Yelm AVentiP (~ 51 n) Site Address 1315 Yelm Avenue WpGr, Yplm, WA 96597 Section 24 Township 17 Range ~ Assessor's Tax Parcel Number 2172421 X5(7(1 ___ _ Full legal description of subject property (attach separate sheet if necessary) 24-17-1 F N7 NW T Y ITT Y of CCTT 5-I ~~~5 1;'a~~ ly~~~ f•Tr1361F ~$ ~T ~ p~J ~~ G:\Web Content\community development\VarianceApp.doc 9/01 PLEASE ANSWER THE FOLLOWING QUESTIONS ATTACH EXTRA PAGES IF NECESSARY 1. List the provision(s) of zoning or other standards from which you are seeking a variance- Height limit for Zone (05) ~,Q fr. max%,~L~e~ 6~agte~• "Height 1 .8.070 of the Yelm M,-~niri~pal _rnda- 2. Floor space and use of buildings on site: Existing 113,977 SF (5 Buildings) High School, Proposed 1 54,1177 SF ~, 4 nw;1 d}nss) ~glt Sehsel 3. What are the exceptions or extraordinary circumstances which lead you to believe you are entitled to a variance? Please describe the special conditions of this site. The Performing Arts Pro ram is art of hi h school curriculum for learnin .The ro- pose stage, including the loft, provides adequate accommodations for the Performing Arts and Music Programs. The proposed space will allow Yelm High School to be on a par with many other WA State high Gchonls. The facility will be able to snonser nerformanePC fnr tha rnmrm,n;rv that existing fa~ilitiac haves haan nna la tq acrnmmCldate- 4. Please explain why the hardship should not be reggarded as self-imposed. (Self-imposed Yelm Hi h School students should hardships are not entitled to a variance.) g not be impaired by inadequate acs sties that do not meet the bas;c program requirements. 5. If your variance request is granted, would it grant you a special privilege that is denied to others? Explain. No - Znni n~ rP ,1 ar; n„ ~ r0v~ d® °~Eeept:€e~ €e~ height variance based nn nca _ 'th; ~ „~° ~ ~ s~la~ t:e Ehe ti ej- listed in 17.hh of tha yA,liiy ~~;sipal Bede 6. How will granting the variance not be detrimental to the public welfare or to properties in the vicinity? The 13' • additional height for the flyloft is at least 230' from the adjacent properties and will not block any view or solar easements or corridors. 7. Is this the minimum variance that will make possible the propposed use of the land? Yes Ex lain. ~ noted in Item ~/3, this res onds directl to the educationa program for Yelm High School. 8. How will the granting of the variance be consistent with the purpose and intent of the zoning ordinance? The area above the stage tha PxceP~la th; G 4f)-fnnr ha; ~t limit (3,500 SF), which mi~eht he nn rliffaranr than a rhnrr„h Bell tower or fire station drying rnc.,Pr_ ATTACHMENTS: Mail labels (8'/z x 11 sheet) of Owners of Property within 300 feet (include Assessor's Tax Parcel numbers and map.) A site plan of the property not larger than 11" x 17", showing: 1. The location of all existing and proposed structures, including buildings, fences, roads and streets. 2. Setbacks from property lines. 3. The boundaries of the property proposed to be developed. 4. All means of access to and from the site, and size and location of driveways. 5. The location and design of off-street parking areas showing their size and location. 6. The specific dimensions and location of the variance requested. NOTE: The site plan must be at a scale of not less than 20 feet to an inch and not more than 100 feet to an inch. I affirm that all answers, statements and information above and submitted with this application are complete and accurate to the best of my knowledge. I also affirm that I am the owner of the subject site or am duly authorized by the owner to act with respect to this application. Further, I grant permission from the owner to any and all employees and representatives 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 fe s of the city that apply to this application. Signed Dat ~ G:\Web Content\community development\VarianceApp.doc 9/01 / ~~f tH6 A~~ • -~ Ci o Yeljn 4 M 105 Yelm Avenue West P.O. Box 479 YELM Yelm, Washington 98597 WASHINGTON (360) 458-3244 NOTICE OF PUBLIC HEARING YELM HEARING EXAMINER DATE: Monday, November 3, 2003, 9:00 a.m. PLACE: Council Chambers, City Hall, 105 Yelm Ave W., Yelm WA PURPOSE: Public Hearing to receive comments regarding the Yelm School District request for a variance from the maximum building height regulation in Section 17.48.070, Yelm Municipal Code. Case #VAR-03-8350-YL APPLICANT: Yelm Community Schools, Erling Birkland PROJECT LOCATION: Yelm High School site, 1315 Yelm Ave. West, Yelm, WA 98597 The City of Yelm Hearing Examiner will hold a public hearing to receive comments regarding the Yelm School District request for a variance from the maximum building height regulation in Section 17.48.070, Yelm Municipal Code. The Hearing Examiner will make a decision on the matter within 10 days after the hearing. Testimony may be given at the hearing, or through written comments on the proposal, received by the close of the public hearing on Monday, November 3, 2003. 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 Ne~NS: Friday, October 24, 2003 Mailed to Adjacent Property Owners and Posted in Public Places: October 22, 2003. The City of Yelrn is an Equal Opportunity Provider ~~~ ~~ CITY OF YELM ~~% ~~'~ PO Box 479 ..~ Yelm WA 98597 360-458-3835 ~~z~ W ASFiI N G71?N NOTICE OF APPLICATION Mailed on: September 19, 2003 PROJECT NAME AND LOCATION: Yelm High School Addition & Modernization, Building Height Variance Request 1315 Yelm Ave. West, Yelm, WA 98597 LAND USE CASE: VAR-03-8350-YL An application submitted by Yelm Community Schools, P.O. Box 476, Yelm, WA 98597, for the above referenced project was received by the City of Yelm on September 5, 2003. The City has determined the application to be complete on September 19, 2003. The application and any related documents are available for public review during normal business hours at the City of Yelm, 105 Yelm Avenue W., Yelm WA. For additional information, please contact the Community Development Department at 360-458- 3835. PROJECT DESCRIPTION: The variance request is to allow a structure to exceed the minimum building height. ENVIRONMENTAL and OTHER DOCUMENTS SUBMITTED WITH THE APPLICATION: The applicant has submitted a site plan. Additional Information or Project Studies Requested by the City: No additional information is requested at this time. No preliminary determination of consistency with City development regulations has been made. At minimum, this project will be subject to the following plans and regulations: City of Yelm Comprehensive Plan, Zoning Title (17), Critical Areas Ordinance (14.08), Storm Water Drainage Design and Erosion Control Manual (DOE), Uniform Building Code, State Environmental Policy Act (SEPA) Title (14), Road Design Standards, Platting and Subdivision Title (16), and the Shoreline Master Program. The City of Yelm invites your comments early in the review of this proposal. Comments should be directed to Tami Merriman, Community Development Department, P.O. Box 479, Yelm, WA 98597 (360) 458-3835. THE 15-DAY PUBLIC COMMENT PERIOD ENDS AT 5:00 PM ON OCTOBER 6, 2003. This notice has been provided to appropriate local and state agencies, and property owners within 300 feet of the project site. These recipients, and any others who submit a written request to be placed on the mailing list, will also receive the following items when available or if applicable: Environmental Threshold Determination, Notice of Public Hearing and Notice of Final Decision. If the proposed project requires a City Council decision, it will be mailed to all those who participate in the public hearing and to anyone else requesting the decision in writing. Additionally, there will be a 14-day public comment period if an environmental determination is issued. Opportunities for appeal occur within twenty one (21) days after the date the environmental determination is issued. City Council decision can be appealed through Superior Court. Appeals of site plan review decisions may be filed within 14 days of Notice of Final Decision. ,d,1N~WH~dlld mrlmsa~v arlmmar ttl~r~tf ~rr~os. t~rt~rr~• r~rti~rill»Y N~13AOJ~W•NO'~IJ1213 MiFHM6 VM'a~~l V~LNWSPItIOLI Ty V Wc~~jgy POQ.tig yM 'wla,~ '/~}uno~ uo}SJnyl 'slooyoS ~}lunwwo~ wla~ ~ ~ NOIlbZIN21340W '8 SNOllta4`d IOOH~S HJIH W13~ ~ ~ ~ O Nb'ld 311S ll`d?J3n0 ~~o ~ Q .~. __~__.~._~.. ~._~.. ~..--~-~ 3Nfl A1lBdOiW 131 3 ..LS,IS.O N --____ ~ m ~ ~ ~ I ! (~ U U i ~ ~ ~ ~_ ~~: -_ ~, --- QQ E !b !n i ~; , °'. ~7 :, ~ i , ~ i; !~~ 1 ~, I ~ 3Nf1 AIk3dOMd 3 Q ~~ ~~ .- /!r- 1' _ .L.._ ..... +t~ f ~ ~~ ~ ... =. R _ R R a, - _ ~ -- ~ -_. • ~..._ ..... I. I.... ._ ..... ~ R + 3 y E . ~ ~~ 4 ~- ~- ~- `~ 3 _BS,£Ll0 N t• t r r / ~~~ / ~ ~ ~ ~ S ~ ~ ~ ~ ~I ~ o _ _ ~ - - ~ ~~~r _ r _' P/ dy _ `~- _~Q. / ~ o, ~ ~, ~' ~ ~ „ ~ ~ ~~ -~ j ~ ~ ~ ~ Q ~ ~ Ro - ~ / / ULL ~ ~ r ~ W / o ~ m Z~~ ,, o o < / ~ ° ~ u~~ w d / ~ .. o < .. 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(~A c v it ~- O ~ F f ~\ ~ Iv` ~ IG ,O e~ ~ ermn~.a..nnic ~ ~ 1~OM]b,t5s~ T¢p,p,1•A 1M1H101 I`xr~c~>z ~..~.v~-nv rss E R I C K~ O N• IVI c G O V E R N YELM HIGH SCHOOL ADDITIONS 8~ MODERNIZATION A r c A t t,e r;t u r: e• A e e 1 y e 1 e• s t a o o~ Des 1 q n Yelm Community Schools, Thurston County, Yelm, WA ... r M19'"~° -. rmcaami-nn . ~ _. moM~mr ATTACHMENT ` C ~ ~ _ d 1N ~ W H~dll~d ' .. ~~ "'"'"~'" :- ~ ~ _ yM 'w~a,~ 'lyuno~ uo}s~nyl 's~ooyas /4iunwwo~ w~a~, u 6 E s ~ p ~ o a y~ S. s~ s[ ~- u`Y_; n ~ n; ~ n 3~ y~ ~ y NOI1dZIN~1~401N.:'~ SNOIlla4~-1 IOOH~S H JIH Wl~,l. ~ _ N X13 n O ~ W • N O ~1 ~ 1 ~ 3 /OFMIW YM ~1 NOLL~~S - SNOIlb'1~~~ ~slwsnm¢1 ~ ~ 7141u1M~jJYlY~9 ~ ~ ^ , ~~ M 0 '3t ~ 3 r ~t .r q ~, ~u U, /1 .~ VJ ^~ V 0 .~ z 0 d I I `O _. ~ ~ "~,! ~ .°' ~~ r s ?; i+ s f ~-, o: ~. ~ r d +-~ ~ 8 ~. s ~ 3 ~ ~ 0 a ~ O Jt _p n D _~ W ~VG[- u z o f-- U ul ~~ .~ ~~ ~~ ~, ~ a Peder H. Knudson. Theater Consultant ~y~~u School Arlington HS Bothell HS Camas HS Fife JHS Interlake HS (Bellevue) Nathan Hale HS (Seattle) Roosevelt HS (Seattle) Sammamish HS (Bellevue) Height to BOS Status 48' Under construction 48' DD 40'-45' (varies) Open 43' Open 46' CD 47' DD 46' CD 65'-6" (full walking grid) Under construction Armand Marion. Theater Consultant School Height to BOS Status Olympia HS 48' + Open Kent Ridge HS 50' + Open Kent Lake HS 50' + Open Omak HS 50' + Open ~f ~~~ Peder H. Knudson, Theater Consultant School Arlington HS Bothell HS Camas HS Fife JHS Interlake HS (Bellevue) Nathan Hale HS (Seattle) Roosevelt HS (Seattle) Sammamish HS (Bellevue) Height to BOS Status 48' Under construction 48' DD 40'-45' (varies) Open 43' Open 46' CD 47' DD 46' CD 65'-6" (full walking grid) Under construction Armand Marion, Theater Consultant School Height to BOS Status Olympia HS 48' + Open Kent Ridge HS 50' + Open Kent Lake HS 50' + Open Omak HS 50' + Open $~~ ~M~ ~' `~ r .~.. Sfu. ~,~;:.: 3 ~~E._. _~..... Memorandum To: SPRC From: Tami Merriman, Assistant Planner Date: September 19, 2003 City of Yelm Community Development Department P.O. Box 479 Yelm, WA 98597 (360) 458-3835 (360) 458-3144 FAX Re: VAR-03-8350-YL- Project Review Schedule for Yelm Community School Variance Attached is the application packet for the above referenced project. After your initial review of the information submitted, if you need additional information from the applicant, please let me know as soon as possible. The following is the tentative review schedule for the project. September 19, 2003 -Notice of Application distributed, begin 15 day comment period. October 8 and 15 -SPRC project review. Department comments/conditions of approval for staff report. October 24 -Complete staff recommendation to Hearing Examiner October 20 -Notice of Public Hearing to paper, 300' and post site. October 24 -Mail Staff report November 3, 2003 -Public Hearing. R ,Project Files\VAR Variance\S3?0 YHS Height Var\Proj Rev Date btemo.doc ~~~~ ~A~ Y~.~~~ WASHiN^u TpN CITY OF YELM PO Box 479 Yelm WA 98597 360-458-3835 NOTICE OF APPLICATION Mailed on: September 19, 2003 PROJECT NAME AND LOCATION: Yelm High School Addition & Modernization, Building Height Variance Request 1315 Yelm Ave. West, Yelm, WA 98597 LAND USE CASE: VAR-03-8350-YL An application submitted by Yelm Community Schools, P.O. Box 476, Yelm, WA 98597, for the above referenced project was received by the City of Yelm on September 5, 2003. The City has determined the application to be complete on September 19, 2003. The application and any related documents are available for public review during normal business hours at the City of Yelm, 105 Yelm Avenue W., Yelm WA. For additional information, please contact the Community Development Department at 360-458- 3835. PROJECT DESCRIPTION: The variance request is to allow a structure to exceed the minimum building height. ENVIRONMENTAL and OTHER DOCUMENTS SUBMITTED WITH THE APPLICATION: The applicant has submitted a site plan. Additional Information or Project Studies Requested by the City: No additional information is requested at this time. No preliminary determination of consistency with City development regulations has been made. At minimum, this project will be subject to the following plans and regulations: City of Yelm Comprehensive Plan, Zoning Title (17), Critical Areas Ordinance (14.08), Storm Water Drainage Design and Erosion Control Manual (DOE), Uniform Building Code, State Environmental Policy Act (SEPA) Title (14), Road Design Standards, Platting and Subdivision Title (16), and the Shoreline Master Program. The City of Yelm invites your comments early in the review of this proposal. Comments should be directed to Tami Merriman, Community Development Department, P.O. Box 479, Yelm, WA 98597 (360) 458-3835. THE 15-DAY PUBLIC COMMENT PERIOD ENDS AT 5:00 PM ON OCTOBER 6, 2003. This notice has been provided to appropriate local and state agencies, and property owners within 300 feet of the project site. These recipients, and any others who submit a written request to be placed on the mailing list, will also receive the following items when available or if applicable: Environmental Threshold Determination, Notice of Public Hearing and Notice of Final Decision. If the proposed project requires a City Council decision, it will be mailed to all those who participate in the public hearing and to anyone else requesting the decision in writing. Additionally, there will be a 14-day public comment period if an environmental determination is issued. Opportunities for appeal occur within twenty one (21) days after the date the environmental determination is issued. City Council decision can be appealed through Superior Court. Appeals of site plan review decisions may be filed within 14 days of Notice of Final Decision. 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