Loading...
Project Rev & Correspondence~~ tN~ p °~ ~ CITY OF YELM ~ • w P.O. BOX 479 YELM, WA 98597 :a (360) 458-3244 ~w KeySank National Association 3 0 6 0 7 x „-s7„~ No. CWM8 FUND ~-•~~*THREE HUNDRED FIFTY DDLLARS R <_!C! GENTS PAY TO THE ORDER OF DATE CHECK NO. AMOUNT JOHN'S MUFFLERS/BRAKES/RADIATORS ~~fl ,~ 1~!9 9~RD AVE SE UNIT A ~'-~:.. ~~ •~ YELM, WA 98597 %~,z:- .~:.~.-r~i,; ~,?.~~ CITY CLERK/TREASURER COUNTERSIGNED -MAYOR 11'0 30 60 711' ~: 1 2 5000 5 7 4~: 00 50 600 ? L 711' DATE INVOICE ACCOUNT NUMBER NET INVOICE AMOUNT DESCRIPTION CITY OF YELM, P.O. BOX 479, YELM, WA 98597 REMITTANCE ADVICE Page 1 of 1 Tami Merriman From: Tami Merriman Sent: Wednesday, February 21, 2007 10:14 AM To: 'Teresa0818@aol.com' Subject: RE: 109 93rd Ave. I have submitted the request for refund of your site plan review application fee. The council approves expenditures at their 2/27/07 meeting, and I should have your check in the mail by 3/1/07. Tami Merriman Associate Planner City of Yelm 360.458.8496 From: Teresa0818@aol.com [mailto:Teresa0818@aol.com] Sent: Monday, February 19, 2007 9:54 AM To: Tami Merriman Cc: Tami Merriman Subject: 109 93rd Ave. The remaining UHaul equipment should be gone from the lot today. As of Thursday, Feb. 15, I am no longer conducting any business within the city limits of Yelm. Teresa Mendes ~ i~ i~nn~ Page 1 of 1 Tami Merriman From: Teresa0818@aol.com Sent: Monday, February 19, 2007 9:54 AM To: Tami Merriman Cc: Tami Merriman Subject: 109 93rd Ave. Follow Up Flag: Follow up Flag Status: Red The remaining UHaul equipment should be gone from the lot today. As of Thursday, Feb. 15, I am no longer conducting any business within the city limits of Yelm. Teresa Mendes 3/2/2007 Page 1 of 2 Tami Merriman From: Teresa0818@aol.com Sent: Wednesday, February 14, 2007 11:24 AM To: Tami Merriman Subject: Re: U-Haul at 109 93rd Ave. Yelm Tami, In response to your formal letter written on February 13, 2007: A) In your enforcement letter you certainly did not express you were giving me "more opportunity to work with you in bringing my site to compliance" as you now are stating. You clearly had notified me by "certified letter" that my time for submitting the completed Site Plan Review was over. In that certified letter it was clearly expressed that my continued non- compliance extending beyond February 15th, would result in The City imposing fines of up to $250.00 per day against me, plus legal action, the cost of enforcement, legal fees, etc. etc. etc. B) My consultant was not present in the presubmission hearing, but I was. You might recall, I was the person asking for explanations and more information on each individual requirement you read outloud. You were impatient and rude with me, even as I apologized for my lack of knowledge and understanding as to the extent of these improvements. I had no idea there was a site plan review "process" or even what this process entailed. You had not advised me on how to proceed with anything, you were just telling me that I could not park UHaul trucks there! You were definately not happy, eager or even pleasant. I had no clear direction on how to proceed with what you now calla "process", so I hired someone who did. Following that, I frequently updated you of the progress by e-mail. I was never "unresponsive" for any length of time. In the presubmission meeting there were several items in the site plan review that I was exempted from. According to my notes, we were all in agreement that I would not be required to perform the improvements connecting to city sewer and water. I remember this distinctly, as I have no use for sewer or water in order to park UHaul trucks on an empty lot. The other members of the panel agreed. You still included it as a requirement to be completed, along with several other items that were not required at the time of the meeting. You were unreasonable and would not even listen to me. You still insisted that I could not park UHaul trucks on this lot. C) I have not stated that "I shouldn't have to provide improvements to the property I am operating a business on." I know better. I am not unethical or stupid. What I expressed to the City is that it is unfair to make me financially accountable for these improvements when I have no ownership or legal authority over this property. This lot is for sale, it has been for sale the whole time and my occupancy on this lot is based on an informal month to month rental agreement. Without a long term lease, some security for my money, why should I be obligated for these long term improvements? t was willing to share the burden, but not without any security. D) I have also been clear in my statements that I don't beleive I am engaging in business activity on this vacant lot. There are no buildings or structures on this lot. I don't have a little 3/2/2007 Page 2 of 2 drive thru rental window in the middle of the lot. I don't sit behind a desk or a counter in one of these dismantled trailers out back and negotiate the price on a one-way move to Albequerque New Mexico. I USE THE 50 X 50 FOOT PIECE OF CONCRETE SLAB FOR STORAGE. I PARK UHAUL TRUCKS ON THE CONCRETE. People park cars there. I park trucks there. Local trucking companies park semis there...The RV store parked, dismantled and repaired RV's there. Students and parents park cars there. Any business activity related to the rental of these trucks took place inside the back office of my husband's business. I have a real telephone and a desk and a water cooler and do-it yourself moving items.. But you wouldn't listen to me. This was completely unacceptable to you. You made it clear that even though his business is "grandfathered in", I was now "changing the structure of his existing business," which would require his business location to comply with all of the improvements as well! The whole banana... sewer, water, everything. Both lots, both locations, period. Does this sound like you were "giving me opportunities to work with you?" Thanks so much. Of course, I submitted my payment for the business license. It was attached to the application. You informed me a short time later that you had "intercepted "the license and I would not be getting it without complete compliance. Everything. And, you've retained it this entire time. If not having that city business license next to my DOL license in the office made my business an "illegal operation," then I must be a criminal. I resigned from my nine year Custody/Corrections Officer position with Dept. of Corrections at Purdy in July of 2006 to move to Yelm and help my husband with the business. I was dedicated and proud to be a part of the criminal justice system, dealing with cold blooded, violent criminals in a prison environment- so the public didn't have to...l never pictured myself on the other side of the bars. Begin the refund "process." In your enforcement letter, sent Certified Mail, again, I cannot beleive that I missed the part about you giving me "more opportunities" and more time to work with you to bring my site into compliance. 1 must have been blindsided by you giving me the opportunity to participate in the enforcement "process, "beginning on February 15, 2007, at a cost of $250.00 per day plus the costs of legal action, court fees, etc. Teresa Mendes 3/2/2007 Page 1 of 2 Tami Merriman From: Tami Merriman Sent: Tuesday, February 13, 2007 4:24 PM To: 'Teresa0818@aol.com' Subject: RE: U-Haul at 109 93rd Ave. Yelm Attachments: 2.13.07 letter. pdf Teresa Attached to this email is my letter responding to your email of February 9, 2007. I will submit to our finance department the request for your application fee refund. As stated in my letter, we do not show record of payment of your business license. We will continue researching this, but it would help if you could show proof of payment. I expect to have your refund by March 1. We will mail the refund to your address at 109 93~d Ave, SE, unless you tell me otherwise. Tami Merriman Associate Planner City of Yelm 360.458.8496 From: Teresa0818@aol.com [mailto:Teresa0818@aol.com] Sent: Tuesday, February 13, 2007 11:12 AM To: Tami Merriman Subject: Re: U-Haul at 109 93rd Ave. Yelm What about the refunds for the application and license? Are there an other requirements I need to handle or is this it? I have one truck rental scheduled on Wed. -Thurs. for the JZ Knight party. They are regular repeat customers and I must accommodate them. I've been taking care of them since I started in May. They also needed it for the following week, but I told them I was shutting down and could not accept the reservation. They'll have to get one on Bald Hills Rd., if Larry "feels like" renting them one, or travel to Lacey! Most of the equipment will be gone by Friday- Monday at the latest. The three remaining 4x6 trailers will be picked up last. I might have to transfer them myself, one a day, into the UHaul center in Lacey. Larry won't take any trailers, cuz he can't do the hookups. The signs are down and I've stopped answering my phone. And this "undeveloped" lot will be free of UHaul equipment, but still occupied with vehicles and dismantled RV's. It won't be long before the semis start parking here again and we'll all be dealing with that. I will continue to document these issues, which the City of Yelm has not addressed. Maybe these land users, the students, or the school district should be held accountable for helping Mr. Barrett develop the lot. When the after-school sports/games come around, there will be so many cars parked on the lot, you won't even see the garbage at the back! Guess that's a good thing. Those gutted out trailers are an eyesore for all the traffic heading into town! The City of Yelm should be embarrassed for their lack of consistency and disorganization! They certainly should not be "unwilling" to negotiate with merchants and business owners who provide the goods and services to the people of this community! What about the refunds for the application and license? Are there an other requirements I need to handle or is this it? Teresa Mendes 3/2/2007 City of Yelm V'/ \~I YELM WASHINGTON February 13, 2007 Teresa Mendes 109 93`d Ave. SE, Unit A Yelm, WA 98597 Dear Teresa: Community Development Department 105 Yelm Avenue West P.O. Box. 479 Yelm, WA 98597 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. (360) 458-3835 (360) 458-3144 FAX www.ciyedm..wa.us 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 1 Q, 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 February 13, 2007 Page 2 of 3 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 far the business license application, that would speed the process. 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, ..._ , ,.. , ~ _, ~r Tami Merriman ;~ Associate Planner Department of Community Development cc: Ron Harding, Mayor Shelly Badger, City Administrator February 13, 2007 Page 3 of 3 Page 1 of 2 Tami Merriman From: Tami Merriman Sent: Tuesday, February 13, 2007 4:56 PM To: Shelly Badger Subject: RE: U-Haul at 109 93rd Ave. Yelm Thanks Shelly and yes, I bcc'd you, Ron, and Grant. Tami Merriman Associate Planner City of Yelm 360.458.8496 From: Shelly Badger Sent: Tuesday, February 13, 2007 4:54 PM To: Tami Merriman Subject: RE: U-Haul at 109 93rd Ave. Yelm Excellent letter! Very precise and professional, friendly, but still to the point. Am I assuming correctly that both Ron and I were blind copied? Thank you Tami O. Shelly Shelly Badger, Yelm City Administrator City of Yelm www.ci.yelm.wa.us P.O. Box 479 Yelm, WA 98597 360-458-8405 360-458-4348 fax shellyb@ci.yelm.wa.us From: Tami Merriman Sent: Tuesday, February 13, 2007 4:24 PM To: Teresa0818@aol.com' Subject: RE: U-Haul at 109 93rd Ave. Yelm Teresa Attached to this email is my letter responding to your email of February 9, 2007. I will submit to our finance department the request for your application fee refund. As stated in my letter, we do not show record of payment of your business license. We will continue researching this, but it would help if you could show proof of payment. I expect to have your refund by March 1. We will mail the refund to your address at 109 93~d Ave, SE, unless you tell me otherwise. Tami Merriman Associate Planner City of Yelm 360.458.8496 From: Teresa0818@aol.com [mailto:Teresa0818@aol.com] 3/2/2007 Page 2 of 2 Sent: Tuesday, February 13, 2007 11:12 AM To: Tami Merriman Subject: Re: U-Haul at 109 93rd Ave. Yelm What about the refunds for the application and license? Are there an other requirements I need to handle or is this it? I have one truck rental scheduled on Wed. -Thurs. for the JZ Knight party. They are regular repeat customers and I must accommodate them. I've been taking care of them since I started in May. They also needed it for the following week, but I told them I was shutting down and could not accept the reservation. They'll have to get one on Bald Hills Rd., if Larry "feels like" renting them one, or travel to Lacey! Most of the equipment will be gone by Friday- Monday at the latest. The three remaining 4x6 trailers will be picked up last. I might have to transfer them myself, one a day, into the UHaul center in Lacey. Larry won't take any trailers, cuz he can't do the hookups. The signs are down and I've stopped answering my phone. And this "undeveloped" lot will be free of UHaul equipment, but still occupied with vehicles and dismantled RV's. It won't be long before the semis start parking here again and we'll all be dealing with that. I will continue to document these issues, which the City of Yelm has not addressed. Maybe these land users, the students, or the school district should be held accountable for helping Mr. Barrett develop the lot. When the after-school sports/games come around, there will be so many cars parked on the lot, you won't even see the garbage at the back! Guess that's a good thing. Those gutted out trailers are an eyesore for all the traffic heading into town! The City of Yelm should be embarrassed for their lack of consistency and disorganization! They certainly should not be "unwilling" to negotiate with merchants and business owners who provide the goods and services to the people of this community! What about the refunds for the application and license? Are there an other requirements I need to handle or is this it? Teresa Mendes 3/2/2007 Page 1 of 1 Tami Merriman From: Teresa0818@aol.com Sent: Tuesday, February 13, 2007 11:12 AM To: Tami Merriman Subject: Re: U-Haul at 109 93rd Ave. Yelm What about the refunds for the application and license? Are there an other requirements I need to handle or is this it? I have one truck rental scheduled on Wed. -Thurs. for the JZ Knight party. They are regular repeat customers and I must accommodate them. I've been taking care of them since I started in May. They also needed it for the following week, but I told them I was shutting down and could not accept the reservation. They'll have to get one on Bald Hills Rd., if Larry "feels like" renting them one, or travel to Lacey! Most of the equipment will be gone by Friday- Monday at the latest. The three remaining 4x6 trailers will be picked up last. I might have to transfer them myself, one a day, into the UHaul center in Lacey. Larry won't take any trailers, cuz he can't do the hookups. The signs are down and I've stopped answering my phone. And this "undeveloped" lot will be free of UHaul equipment, but still occupied with vehicles and dismantled RV's. It won't be long before the semis start parking here again and we'll all be dealing with that. I will continue to document these issues, which the City of Yelm has not addressed. Maybe these land users, the students, or the school district should be held accountable for helping Mr. Barrett develop the lot. When the after-school sports/games come around, there will be so many cars parked on the lot, you won't even see the garbage at the back! Guess that's a good thing. Those gutted out trailers are an eyesore for all the traffic heading into town! The City of Yelm should be embarrassed for their lack of consistency and disorganization! They certainly should not be "unwilling" to negotiate with merchants and business owners who provide the goods and services to the people of this community! What about the refunds for the application and license? Are there an other requirements I need to handle or is this it? Teresa Mendes 3/2/2007 Page 1 of 3 Tami Merriman From: Tami Merriman Sent: Monday, February 12, 2007 1:26 PM To: Grant Beck Subject: RE: U-Haul at 109 93rd Ave. Yelm Thanks Grant, I had actually gone up and spoke to her to let her know... From: Grant Beck Sent: Monday, February 12, 2007 12:24 PM To: Shelly Badger; Tami Merriman Subject: RE: U-Haul at 109 93rd Ave. Yelm Ron stopped by and Tami gave him the 'brief history, and told him that she is working on the comprehensive response to Teresa, that will be ec'd to both yot~ and Ron. He seems ok at this point with the expectation that a larger briefing is coming. Thanks, Grant From: Shelly Badger Sent: Monday, February 12, 2007 12:16 PM To: Tami Merriman Cc: Grant Beck Subject: RE: U-Haul at 109 93rd Ave. Yelm I need to forward this to Ron so he is not surprised by a letter or phone call. From reading her e-mail I think I understand the situation (basically, let's park our U-Hauls on a vacant lot and have a U-Haul biz without following any development regs), but could you give me a brief history that I can forward to Ron with her a-mail. Thank you, Shelly Shelly Badger, Yelm City Administrator City of Yelm www.ci.yelm.wa.us P.O. Box 479 Yelm, WA 98597 360-458-8405 360-458-4348 fax shellyb@ci.yelm.wa.us From: Tami Merriman Sent: Saturday, February 10, 2007 6:21 AM To: Grant Beck; Shelly Badger Subject: FW: U-Haul at 109 93rd Ave. Yelm Grant and Shelly Thought that I would give you a heads up on what is coming. 3/2/2007 Page 2 of 3 I will reply to heron Monday with Mayor's contact information. Do we refund application fees? Hope your weekend was good. I think I might have a second coctail at the banquet tonight! Maybe I'll have one for each of you too? Could be a GOOD evening! Tami From: Teresa0818@aol.com [mailto:Teresa0818@aol.com] Sent: Fri 2/9/2007 8:20 PM To: Tami Merriman Subject: Re: U-Haul at 109 93rd Ave. Yelm Thank-you very much for taking the time to write me back. Unfortunately it is not the news I wanted to hear. I was hopeful that your office would at least be willing to work with me on this. I have contacted my Marketing Company in Portland and updated them. They have a lot of questions about the zoning and land use that I cannot answer, so they are contacting the Chamber of Commerce or the Mayor's office directly. I am extremely frustrated with the City about resolving this situation. I spoke with some passing individuals at the local newspaper recently and they were indicating that exceptions to City rules/codes and variances are negotiated with other businesses by "favoritism/nepotism." There is absolutely no consistency with city zoning or code enforcement. This vacant lot is a perfect example. Other businesses/individuals using this lot for storage/parking etc. have NEVER been notified that they were in violation of the City's codes. They haven't even been contacted- or even approached at all. At least these trucks are kept clean, displayed effectively and not an "eyesore." They aren't sitting on the vacant lot DISMANTLED, TORN APART OR USED FOR SPARE PARTS. To this day there are still dismantled, gutted-out travel trailers on this lot from other businesses. At least I wasn't storing hazardous waste and piles of scrap metal/iron or junk on the lot. And what about enforcement of codes, land use regulations and violations with the high school students parking on this lot now? Untouchable...Someone suggested that I vent my frustrations in a positive manner, by expressing my viewpoints publicly. Also, The Mayor and City officials are not telling the truth when they tell the media and the people of this city that the City of Yelm is "willing to work with local businesses" in providing commerce, goods and services for the community and to accommodate the growing population! Moving services/equipment rentals are an absolute necessity in this city. At no time has your office been willing to work with my business. Expecting me to pay for the complete development of this lot is not even reasonable. I have no ownership or control of this lot. It was just a piece of dirt in which to park U-Haul trucks. Lots of people park on this Iot...As an independent U-Haul dealer, my commissions for providing this service to the community are not even measurable to the amount of money you guys want me to spend to develop the lot. Had Mr. Barrett accepted my proposal to purchase this property, if I were the owner of this lot or had ANY control over it, it would be different. Making me accountable for the development of this land just to park moving trucks on it is completely unreasonable, in my opinion. Be assured, I have no plans of moving forward in the development of Mr. Barrett's land just to park U-Haul equipment here. I will have everything removed from this lot just as soon as I possibly can. U-Haul's Marketing Company in Portland will schedule/gather the equipment drivers together and make the trip down here to remove it from the lot. It might require several trips depending upon how many drivers they have available. I will take the next couple of days to load all these trailers onto the trucks so that they are ready to go. You may, at this time, cancel., reject and return my "incomp_/ete"Site Plan Review application and application fee. Or, does the City keep the application fee? How do I get a refund? If the application was incomplete and you returned the application and site plan documents to me, how come you did not return the application fee that was attached to my application? The application was not processed, therefore my application fee should not have been processed. Do you accept/expect the application fee just to look at the application and determine if it is complete/incomplete? Please let me know. I wondered about this. I would like my money refunded. Please also include the refund for the City business license that you were holding on to. I would also appreciate getting the mailing address for the City Mayor, Mr. Harding. I plan on writing him a letter. I would like further clarification on his statements made in the local newspaper in regards to city officials 3/2/2007 Page 3 of 3 "working with" local businesses to provide goods/services to this vastly growing community. The City's traffic problem is a complete nightmare. Having residents and future residents of this City travel to/from Lacey/Olympia to acquire their needed goods/services puts additional burdens on this traffic problem. I do not get it. Please respond at your earliest convenience to confirm your receipt of my a-mail. Please also let me know about the refund and the correspondence to Mr. Harding. Are there any other requirements to the City in my closing this business? Please advise me on how to settle this matter. I do appreciate the time you spent to answer my questions. Should I require information regarding city planning or zoning in the future, I will use you as a point of contact. If that is okay. Thank-you. Respectfully, Teresa Mendes 3/2/2007 Page 1 of 1 Tami Merriman From: Teresa0818@aol.com Sent: Friday, February 23, 2007 12:19 PM To: Tami Merriman Subject: (no subject) What does the city of Yelm intend on doing about all of the activity on this lot. The semis are parking here, the students are parking here and the gutted out trailers remain. AOL now offers free email to everyone. Find out more about what's free from AOL at AOL.com. 3/2/2007 Page 1 of 2 Tami Merriman From: Tami Merriman Sent: Monday, February 12, 2007 8:41 AM To: 'Teresa0818@aol.com' Cc: Grant Beck; Shelly Badger; Ron Harding Subject: RE: U-Haul at 109 93rd Ave. Yelm Teresa I received your email, and to confirm receipt, will reply with contact information for Mayor Ron Harding. You may reach him in numerous ways: Mayor Ron Harding City of Yelm P.O. Box 479 Yelm, WA 98597 (360) 458-8401 mayor@ci.yelm.wa.us You have many other questions in this email, and I will try to get a response to them soon. Thank you for your quick response. Tami Merriman Associate Planner City of Yelm 360.458.8496 From: Teresa0818@aol.com [mailto:Teresa0818@aol.com] Sent: Friday, February 09, 2007 8:20 PM To: Tami Merriman Subject: Re: U-Haul at 109 93rd Ave. Yelm Thank-you very much for taking the time to write me back. Unfortunately it is not the news I wanted to hear. I was hopeful that your office would at least be willing to work with me on this. I have contacted my Marketing Company in Portland and updated them. They have a lot of questions about the zoning and land use that I cannot answer, so they are contacting the Chamber of Commerce or the Mayor's office directly. I am extremely frustrated with the City about resolving this situation. I spoke with some passing individuals at the local newspaper recently and they were indicating that exceptions to City rules/codes and variances are negotiated with other businesses by "favoritism/nepotism." There is absolutely no consistency with city zoning or code enforcement. This vacant lot is a perfect example. Other businesses/individuals using this lot for storage/parking etc. have NEVER been notified that they were in violation of the City's codes. They haven't even been contacted- or even approached at all. At least these trucks are kept clean, displayed effectively and not an "eyesore." They aren't sitting on the vacant lot DISMANTLED, TORN APART OR USED FOR SPARE PARTS. To this day there are still dismantled, gutted-out travel trailers on this lot from other businesses. At least I wasn't storing hazardous waste and piles of scrap metal/iron orjunk on the lot. And what about enforcement of codes, land use regulations and violations with the high school students parking on this lot now? Untouchable...Someone suggested that I vent my frustrations in a positive manner, by expressing my viewpoints publicly. Also, The Mayor and City officials are not telling the truth when they tell the media and the people of this city that the City of Yelm is "willing to work with local businesses" in providing commerce, goods and services for the community and to accommodate the growing population! Moving services/equipment rentals are an 3/2/2007 Page 2 of 2 absolute necessity in this city. At no time has your office been willing to work with my business. Expecting me to pay for the complete development of this lot is not even reasonable. I have no ownership or control of this lot. It was just a piece of dirt in which to park U-Haul trucks. Lots of people park on this Iot...As an independent U-Haul dealer, my commissions for providing this service to the community are not even measurable to the amount of money you guys want me to spend to develop the lot. Had Mr. Barrett accepted my proposal to purchase this property, if I were the owner of this lot or had ANY control over it, it would be different. Making me accountable for the development of this land just to park moving trucks on it is completely unreasonable, in my opinion. Be assured, I have no plans of moving forward in the development of Mr. Barrett's land just to park U-Haul equipment here. I will have everything removed from this lot just as soon as I possibly can. U-Haul's Marketing Company in Portland will schedule/gather the equipment drivers together and make the trip down here to remove it from the lot. It might require several trips depending upon how many drivers they have available. I will take the next couple of days to load all these trailers onto the trucks so that they are ready to go. You may, at this time, cancel, reject and return my "in_com~lete"Site Plan Review application and application fee. Or, does the City keep the application fee? How do I get a refund? If the application was incomplete and you returned the application and site plan documents to me, how come you did not return the application fee that was attached to my application? The application was not processed, therefore my application fee should not have been processed. Do you accept/expect the application fee just to look at the application and determine if it is complete/incomplete? Please let me know. I wondered about this. I would like my money refunded. Please also include the refund for the City business license that you were holding on to. I would also appreciate getting the mailing address for the City Mayor, Mr. Harding. I plan on writing him a letter. I would like further clarification on his statements made in the local newspaper in regards to city officials "working with" local businesses to provide goods/services to this vastly growing community. The City's traffic problem is a complete nightmare. Having residents and future residents of this City travel to/from Lacey/Olympia to acquire their needed goods/services puts additional burdens on this traffic problem. I do not get it. Please respond at your earliest convenience to confirm your receipt of my a-mail. Please also let me know about the refund and the correspondence to Mr. Harding. Are there any other requirements to the City in my closing this business? Please advise me on how to settle this matter. I do appreciate the time you spent to answer my questions. Should I require information regarding city planning or zoning in the future, I will use you as a point of contact. If that is okay. Thank-you. Respectfully, Teresa Mendes 3/2/2007 Page 1 of 2 Tami Merriman From: Tami Merriman Sent: Saturday, February 10, 2007 6:21 AM To: Grant Beck; Shelly Badger Subject: FW: U-Haul at 109 93rd Ave. Yelm Grant and Shelly Thought that I would give you a heads upon what is coming. I will reply to heron Monday with Mayor's contact information. Do we refund application fees? Hope your weekend was good. I think I might have a second coctail at the banquet tonight! Maybe I'll have one for each of you too? Could be a GOOD evening! Tami From: Teresa0818@aol.com [mailto:Teresa0818@aol.com] Sent: Fri 2/9/2007 8:20 PM To: Tami Merriman Subject: Re: U-Haul at 109 93rd Ave. Yelm Thank-you very much for taking the time to write me back. Unfortunately it is not the news I wanted to hear. I was hopeful that your office would at least be willing to work with me on this. I have contacted my Marketing Company in Portland and updated them. They have a lot of questions about the zoning and land use that I cannot answer, so they are contacting the Chamber of Commerce or the Mayor's office directly. I am extremely frustrated with the City about resolving this situation. I spoke with some passing individuals at the local newspaper recently and they were indicating that exceptions to City rules/codes and variances are negotiated with other businesses by "favoritism/nepotism." There is absolutely no consistency with city zoning or code enforcement. This vacant lot is a perfect example. Other businesses/individuals using this lot for storage/parking etc. have NEVER been notified that they were in violation of the City's codes. They haven't even been contacted- or even approached at all. At least these trucks are kept clean, displayed effectively and not an "eyesore." They aren't sitting on the vacant lot DISMANTLED, TORN APART OR USED FOR SPARE PARTS. To this day there are still dismantled, gutted-out travel trailers on this lot from other businesses. At least I wasn't storing hazardous waste and piles of scrap metal/iron or junk on the lot. And what about enforcement of codes, land use regulations and violations with the high school students parking on this lot now? Untouchable...Someone suggested that I vent my frustrations in a positive manner, by expressing my viewpoints publicly. Also, The Mayor and City officials are not telling the truth when they tell the media and the people of this city that the City of Yelm is "willing to work with local businesses" in providing commerce, goods and services for the community and to accommodate the growing population! Moving services/equipment rentals are an absolute necessity in this city. At no time has your office been willing to work with my business. Expecting me to pay for the complete development of this lot is not even reasonable. I have no ownership or control of this lot. It was just a piece of dirt in which to park U-Haul trucks. Lots of people park on this Iot...As an independent U-Haul dealer, my commissions for providing this service to the community are not even measurable to the amount of money you guys want me to spend to develop the lot. Had Mr. Barrett accepted my proposal to purchase this property, if I were the owner of this lot or had ANY control over it, it would be different. Making me accountable for the development of this land just to park moving trucks on it is completely unreasonable, in my opinion. Be assured, I have no plans of moving forward in the development of Mr. Barrett's land just to park U-Haul equipment here. I will have everything removed from this lot just as soon as I possibly can. U-Haul's Marketing Company in Portland will schedule/gather the equipment drivers together and make the trip down here to 3/2/2007 Page 2 of 2 remove it from the lot. It might require several trips depending upon how many drivers they have available. I will take the next couple of days to load all these trailers onto the trucks so that they are ready to go. You may, at this time, cancel, reject and return my "incomplete" Site Plan Review application and application fee. Or, does the City keep the application fee? How do I get a refund? If the application was incomplete and you returned the application and site plan documents to me, how come you did not return the application fee that was attached to my application? The application was not processed, therefore my application fee should not have been processed. Do you accept/expect the application fee just to look at the application and determine if it is complete/incomplete? Please let me know. I wondered about this. I would like my money refunded. Please also include the refund for the City business license that you were holding on to. I would also appreciate getting the mailing address for the City Mayor, Mr. Harding. I plan on writing him a letter. I would like further clarification on his statements made in the local newspaper in regards to city officials "working with" local businesses to provide goods/services to this vastly growing community. The City's traffic problem is a complete nightmare. Having residents and future residents of this City travel to/from Lacey/Olympia to acquire their needed goods/services puts additional burdens on this traffic problem. I do not get it. Please respond at your earliest convenience to confirm your receipt of my a-mail. Please also let me know about the refund and the correspondence to Mr. Harding. Are there any other requirements to the City in my closing this business? Please advise me on how to settle this matter. I do appreciate the time you spent to answer my questions. Should I require information regarding city planning or zoning in the future, I will use you as a point of contact. If that is okay. Thank-you. Respectfully, Teresa Mendes 3/2/2007 Page 1 of 2 Tami Merriman From: Tami Merriman Sent: Thursday, February 08, 2007 3:13 PM To: 'Teresa0818@aol.com' Cc: Grant Beck Subject: RE: U-Haul at 109 93rd Ave. Yelm Teresa I am so sorry for the delay in responding to your email and voice mail. I won't bore you with excuses, but please understand that I have been busy. I am sorry that the property owner will not cooperate with you regarding improvements; however, as Lessee of the land, and the operator of the business, it is your responsibility to gain approval by the City. What ever negotiation you have with the property owner is private between you and them. I am unaware of parking permission slips being given to school students, you may wish to take this up with the Yelm School District. Their number is (360) 458-1900. I am not sure which individuals you are referring to when you say they have used the lot in the past. Are they still using the lot? If so, for what purpose? Do you wish to file a citizens action request to have the City take further action? You can find that form on the City's website at www.ci.yelm.wa.us under forms and publications. At this point there is not a "variance" for which you could apply for. A variance is issued only when circumstance to the subject property, due to size, shape, topography, or location deprives the person of rights and privileges enjoyed by other properties in the vicinity. There is nothing with this site that deprives you from using it for the purposes intended. I am in and out of meetings almost every day... so am not always at my phone. Again I apologize for the delay in responding, but have record of the date and times that you have contacted me, and know that you have been trying. The improvements we discussed in the presubmission meeting, such as paved and landscaped parking, stormwater treatment, the possibility of improving the site of the existing business used as the office, and water and sewer connections will need to be completed to gain approval. If you have further questions, please contact me, and I will do my best to respond in a more timely manner Sincerely, Tami Merriman Associate Planner City of Yelm 360.458.8496 From: Teresa0818@aol.com [mailto:Teresa0818@aol.com] Sent: Monday, January 29, 2007 12:25 PM To: Tami Merriman Cc: Grant Beck Subject: U-Haul at 109 93rd Ave. Yelm f received your certified letter on Saturday. You have my complete attention and cooperation. I would appreciate just a quick moment of your time. I do not own or control any of this property. I just rent a small portion of Mr. Barrett's vacant lot. I cannot get any cooperation or support from him or his agent to develop any part this property. They just collect my rent check every month... 3/2/2007 Page 2 of 2 As you are aware, I am not the only person using this property. Because of the parking problems at the high school, "someone" is giving the high school students "permission slips" to park their cars on the vegetation areas in the middle of the lot. This sure creates a hardship for the existing businesses having to deal with the traffic flow. Has the city addressed these violations? Has the city addressed the individuals who have used this lot in the past? Is the city willing to discuss granting me a variance to resolve this matter? I would be eager to discuss this with you. I am eager to work this out, one way or the other. If granting me a variance is not possible, I assure you that these trucks will be removed from this lot and I will no longer use Mr. Barrett's property. I appreciate your patience and understanding Teresa Mendes 3/2/2007 Page 1 of 1 Tami Merriman From: Grant Beck Sent: Tuesday, January 30, 2007 3:01 PM To: Tami Merriman Subject: RE: U-Haul at 109 93rd Ave. Yelm No From: Tami Merriman Sent: Tuesday, January 30, 2007 2:17 PM To: Grant Beck; Jim Gibson Subject: FW: U-Haul at 109 93rd Ave. Yelm Do we know about the school giving parking permission on this lot? Tami Merriman Associate Planner City of Yelm 360.458.8496 From: Teresa0818@aol.com [mailto:Teresa0818@aol.comJ Sent: Monday, January 29, 2007 12:25 PM To: Tami Merriman Cc: Grant Beck Subject: U-Haul at 109 93rd Ave. Yelm I received your certified letter on Saturday. You have my complete attention and cooperation. I would appreciate just a quick moment of your time. I do not own or control any of this property. I just rent a small portion of Mr. Barrett's vacant lot. I cannot get any cooperation or support from him or his agent to develop any part this property. They just collect my rent check every month... As you are aware, I am not the only person using this property. Because of the parking problems at the high school, "someone" is giving the high school students "permission slips" to park their cars on the vegetation areas in the middle of the lot. This sure creates a hardship for the existing businesses having to deal with the traffic flow. Has the city addressed these violations? Has the city addressed the individuals who have used this lot in the past? Is the city willing to discuss granting me a variance to resolve this matter? I would be eager to discuss this with you. I am eager to work this out, one way or the other. If granting me a variance is not possible, I assure you that these trucks will be removed from this lot and I will no longer use Mr. Barrett's property. I appreciate your patience and understanding. Teresa Mendes 3/2/2007 Page 1 of 2 Tami Merriman From: Jim Gibson Sent: Tuesday, January 30, 2007 2:20 PM To: Tami Merriman; Grant Beck Subject: RE: U-Haul at 109 93rd Ave. Yelm I am not aware of any deals that were made, however that is all done by the district with out our knowledge. Jim Gibson P.E. City of Yelm, Development Review Engineer PO Box 479 Yelm, WA. 98597 Ph. 360.458.8438 Fx. 360.458.3144 jimg@ci. yelm. wa. us From: Tami Merriman Sent: Tuesday, January 30, 2007 2:17 PM To: Grant Beck; Jim Gibson Subject: FW: U-Haul at 109 93rd Ave. Yelm Do we know about the school giving parking permission on this lot? Tami Merriman Associate Planner City of Yelm 360.458.8496 From: Teresa0818@aol.com [mailto:Teresa0818@aol.com] Sent: Monday, January 29, 2007 12:25 PM To: Tami Merriman Cc: Grant Beck Subject: U-Haul at 109 93rd Ave. Yelm I received your certified letter on Saturday. You have my complete attention and cooperation. I would appreciate just a quick moment of your time. I do not own or control any of this property. I just rent a small portion of Mr. Barrett's vacant lot. I cannot get any cooperation or support from him or his agent to develop any part this property. They just collect my rent check every month... As you are aware, I am not the only person using this property. Because of the parking problems at the high school, "someone" is giving the high school students "permission slips" to park their cars on the vegetation areas in the middle of the lot. This sure creates a hardship for the existing businesses having to deal with the traffic flow. Has the city addressed these violations? Has the city addressed the individuals who have used this lot in the past? Is the city willing to discuss granting me a variance to resolve this matter? I would be eager to discuss this with you. I am eager to work this out, one way or the other. If granting me a variance is not possible, I assure you that these trucks will be removed from this lot and I will no longer use Mr. Barrett's property. I appreciate your patience and understanding 3/2/2007 Page 2 of 2 Teresa Mendes 3/2/2007 Page 1 of 1 Tami Merriman From: Tami Merriman Sent: Tuesday, January 30, 2007 2:17 PM To: Grant Beck; Jim Gibson Subject: FW: U-Haul at 109 93rd Ave. Yelm Do we know about the school giving parking permission on this lot? Tami Merriman Associate Planner City of Yelm 360.458.8496 From: Teresa0818@aol.com [mailto:Teresa0818@aol.com] Sent: Monday, January 29, 2007 12:25 PM To: Tami Merriman Cc: Grant Beck Subject: U-Haul at 109 93rd Ave. Yelm I received your certified letter on Saturday. You have my complete attention and cooperation. I would appreciate just a quick moment of your time. I do not own or control any of this property. I just rent a small portion of Mr. Barrett's vacant lot. I cannot get any cooperation or support from him or his agent to develop any part this property. They just collect my rent check every month... As you are aware, I am not the only person using this property. Because of the parking problems at the high school, "someone" is giving the high school students "permission slips" to park their cars on the vegetation areas in the middle of the lot. This sure creates a hardship for the existing businesses having to deal with the traffic flow. Has the city addressed these violations? Has the city addressed the individuals who have used this lot in the past? Is the city willing to discuss granting me a variance to resolve this matter? I would be eager to discuss this with you. I am eager to work this out, one way or the other. If granting me a variance is not possible, I assure you that these trucks will be removed from this lot and I will no longer use Mr. Barrett's property. I appreciate your patience and understanding Teresa Mendes 3/2/2007 Page 1 of 1 Tami Merriman From: Teresa0818@aol.com Sent: Monday, January 29, 2007 12:25 PM To: Tami Merriman Cc: Grant Beck Subject: U-Haul at 109 93rd Ave. Yelm I received your certified letter on Saturday. You have my complete attention and cooperation. I would appreciate just a quick moment of your time. I do not own or control any of this property. I just rent a small portion of Mr. Barrett's vacant lot. I cannot get any cooperation or support from him or his agent to develop any part this property. They just collect my rent check every month... As you are aware, I am not the only person using this property. Because of the parking problems at the high school, "someone" is giving the high school students "permission slips" to park their cars on the vegetation areas in the middle of the lot. This sure creates a hardship for the existing businesses having to deal with the traffic flow. Has the city addressed these violations? Has the city addressed the individuals who have used this lot in the past? Is the city willing to discuss granting me a variance to resolve this matter? I would be eager to discuss this with you. I am eager to work this out, one way or the other. If granting me a variance is not possible, I assure you that these trucks will be removed from this lot and I will no longer use Mr. Barrett's property. I appreciate your patience and understanding Teresa Mendes 3/2/2007 9~" ~i' d' 0 Z r a v W o ~ z ~,, w m ~ ~ x v W x v a a ~~ z ~' ~ M O Q Crl H z ~. w v z ~ ~ ~ ~ a Q o ° A r H w H W ca a A x x Icy Th d r~ witl I ho, of th Mike, not? diagra lot- no compl am dor w ~ M Q~ ~~~ i, o V '~ `, ,, ~ ~~~ o ~`, _~ a w ~o a a +~'~o~aa a H °awn ~ ? ~ A ~ N 0 w N ~ N Ca ~ ~ a a 0 H d H A d~ ~H W H ~~ ~~ a w ~w ~ air o w~~ w a~ w tl2 M ~ . ~~ w w a x w x~a ~w o ., w U w ~ ~~ Page 1 of 2 pan City of Yelm today. They are demanding a "completed )07. Failure to comply results in me being in violation which Ities of $250.00 per day of violation, court and legal fees, 'o see this thru to the end with me. When I paid you it: ity of Yelm on clarification of and meeting each of their hould my application be rejected. end. `e plan review, the application, documentation and the plan was not complete: the site plan did not :le ingress or egress, general landscaping, and storm plan was completed and that if you needed to redo it storm drainage report, that you would fix it. hort time later. We spoke briefly and you assured a stions were to send out a landscaping company. w ?' W ~n't add the landscaping, the parking, the H M ~+ an. Additionally, you have not made any contact ~ ~ requirements of the site plan. ~ ~ w yon my behalf to work with them on the approval a ~ w .. you that check. Ems., ~ ~ d/or Mr. Barrett willing to get involved in this or ~ time, they just want a preliminary site ovements do not even apply, it's just a vacant ~t to do. If I cannot get the site plan review ,.,~~~, i nave no intentions on moving forward with this. I Mike, when I met with the City in May and found out that I had to meet with the Planning Commission members, go thru an application process, pay the $350.00 fee, submit a site plan etc., I was discouraged and felt "in the dark." You could have clued me into all of this. You and Mr. Barrett have been down this road before with the city. You knew full well that the City would not allow me to operate my business on this lot. I was doomed to fail in this venture. You entered into a contract with me to rent a portion of this lot, knowing that I was in complete violation to operate this, or ANY type of business here. You know the city and you know that if I don't get my application approved to park these trucks on this lot, I am in violation and they are not letting this go... and they are not going to stop or "instantly" give me the approval to move forward. Finally, the City assumes and states in the "Violation Notice" that: "I own or control this real property within 3/2/2007 Page 2 of 2 the City of Yelm." I do not own nor have I ever had any control of this property! I am just renting a 50' x 50' square of concrete on this lot. I am just parking trucks on this lot. I am just a tenant. Mr. Barrett is the real property owner, you are his agent and neither of you have offered any involvement or assistance in completing the application/approval requirements with me! You just wanted to rent me the lot... All of this aside, I moved forward with an eager attitude... eager to get the city's approval. I spent money out of my own pocket and submitted the application, the $350.00 fee and site plan review to the city. (Another $1,000.00 out of my pocket.) I have gone way out on a limb here to get this thing approved by the city. I really thought I was so close to getting approved for this. My business/customers/walk-in traffic was/is growing. And this corner is a gold mine. This is the perfect location to rent U-Hauls!!! Hope & joy, hope & joy. I cannot continue to operate this business without their approval. And I cannot move forward with this U-Haul Dealership at this location. Are you and/or Mr. Barrett willing to get involved in this? If not, please let me know before I take this any further. I will contact my Marketing Company and Field Manager and have them come and get the equipment, cancel my dealership contract and I will close down. I do not have a choice. And I don't have much time. And I feel ripped off. I look forward to hearing from you all Teresa Mendes 3/2/2007 City of Yelm Community Development Department P.O. Box 479 Yelm, WA 98597 (360) 458-3835 (360) 458-3144 FAX Memorandum To: Barb Bange From: Tami Merriman. Associate Planner Date: February 20, 2007 Re: Refund Site Plan Review Application Barb: Please prepare a check in the amount of $350.00, made payable to John's Mufflers, Brakes & Radiators. The funds were deposited for a Site Plan Review application. The application was never completed, and project review has not occurred. The applicant has withdrawn their request for Site Plan Review. The funds were deposited under speed code '092' on 08/22/06, receipt number 43497. When the check is issued, please give the check to me, and I will mail back to the applicant with information closing out the application. Thanks - - --~ Tami Merriman Document? City of Yelm Community Development Department Building Division Phone: (360) 458-8407 Fax: (360)458-3144 Applicant: Name: John's Mufflers, Brakes & Radiators Address: 109 93rd Avenue SE, Unit A City: Yelm ~A'D Permit Fees Schedule Permit No: SPR-05-0683-YL A(1(~ 2 2 ~~~6 CITY OF YELM Phone: 360.400.0704 State: WA Zip 98597 Project Information: Project: U-Haul Truck/Trailer Rental Description of Work: Approval to use front portion of vacant lot for storage of U-Haul equipment Site Address: 9300 SE Yelm Avenue Assessor Parcel No. 21724210600 Fees: Item Acct Code Item Fee Base Amt Unit Fee Unit Rate No. Units Unit Desc --------------------------- -------------- ----------- ----------- ----------- ----------- ---------- ------------- Site Plan Review - 001-345-81-00 350.00 350.00 0.00 0.0500 0.0000 Square Foot Comm. TOTAL FEES: $350.00 Page 1 of 2 Tami Merriman From: Teresa0818@aol.com Sent: Wednesday, February 14, 2007 11:24 AM To: Tami Merriman Subject: Re: U-Haul at 109 93rd Ave. Yelm Tami, In response to your formal letter written on February 13, 2007: A) In your enforcement letter you certainly did not express you were giving me "more opportunity to work with you in bringing my site to compliance" as you now are stating. You clearly had notified me by "certified letter" that my time for submitting the completed Site Plan Review was over. In that certified letter it was clearly expressed that my continued non- compliance extending beyond February 15th, would result in The City imposing fines of up to $250.00 per day against me, plus legal action, the cost of enforcement, legal fees, etc. etc. etc. B) My consultant was not present in the presubmission hearing, but I was. You might recall, I was the person asking for explanations and more information on each individual requirement you read outloud. You were impatient and rude with me, even as I apologized for my lack of knowledge and understanding as to the extent of these improvements. I had no idea there was a site plan review "process" or even what this process entailed. You had not advised me on how to proceed with anything, you were just telling me that I could not park UHaul trucks there! You were definately not happy, eager or even pleasant. I had no clear direction on how to proceed with what you now calla "process", so I hired someone who did. Following that, I frequently updated you of the progress by a-mail. I was never "unresponsive" for any length of time. In the presubmission meeting there were several items in the site plan review that I was exempted from. According to my notes, we were all in agreement that I would not be required to perform the improvements connecting to city sewer and water. I remember this distinctly, as I have no use for sewer or water in order to park UHaul trucks on an empty lot. The other members of the panel agreed. You still included it as a requirement to be completed, along with several other items that were not required at the time of the meeting. You were unreasonable and would not even listen to me. You still insisted that I could not park UHaul trucks on this lot. C) I have not stated that "I shouldn't have to provide improvements to the property I am operating a business on." I know better. I am not unethical or stupid. What I expressed to the City is that it is unfair to make me financially accountable for these improvements when I have no ownership or legal authority over this property. This lot is for sale, it has been for sale the whole time and my occupancy on this lot is based on an informal month to month rental agreement. Without a long term lease, some security for my money, why should I be obligated for these long term improvements? I was willing to share the burden, but not without any security. D) I have also been clear in my statements that I don't beleive I am engaging in business activity on this vacant lot. There are no buildings or structures on this lot. I don't have a little 2/ 14/2007 Page 2 of 2 drive thru rental window in the middle of the lot. I don't sit behind a desk or a counter in one of these dismantled trailers out back and negotiate the price on a one-way move to Albequerque New Mexico. I USE THE 50 X 50 FOOT PIECE OF CONCRETE SLAB FOR STORAGE. I PARK UHAUL TRUCKS ON THE CONCRETE. People park cars there. I park trucks there. Local trucking companies park semis there...The RV store parked, dismantled and repaired RV's there. Students and parents park cars there. Any business activity related to the rental of these trucks took place inside the back office of my husband's business. I have a real telephone and a desk and a water cooler and do-it yourself moving items.. But you wouldn't listen to me. This was completely unacceptable to you. You made it clear that even though his business is "grandfathered in", I was now "changing the structure of his existing business," which would require his business location to comply with all of the improvements as well! The whole banana... sewer, water, everything. Both lots, both locations, period. Does this sound like you were "giving me opportunities to work with you?" Thanks so much. Of course, I submitted my payment for the business license. It was attached to the application. You informed me a short time later that you had "intercepted "the license and I would not be getting it without complete compliance. Everything. And, you've retained it this entire time. If not having that city business license next to my DOL license in the office made my business an "illegal operation," then I must be a criminal. I resigned from my nine year Custody/Corrections Officer position with Dept. of Corrections at Purdy in July of 2006 to move to Yelm and help my husband with the business. I was dedicated and proud to be a part of the criminal justice system, dealing with cold blooded, violent criminals in a prison environment- so the public didn't have to...l never pictured myself on the other side of the bars. Begin the refund "process." In your enforcement letter, sent Certified Mail, again, I cannot beleive that I missed the part about you giving me "more opportunities" and more time to work with you to bring my site into compliance. 1 must have been blindsided by you giving me the opportunity to participate in the enforcement "process, "beginning on February 15, 2007, at a cost of $250.00 per day plus the costs of legal action, court fees, etc. Teresa Mendes 2/14/2007 Page 1 of 1 Tami Merriman From: Teresa0818@aol.com Sent: Tuesday, February 13, 2007 11:12 AM To: Tami Merriman Subject: Re: U-Haul at 109 93rd Ave. Yelm What about the refunds for the application and license? Are there an other requirements I need to handle or is this it? I have one truck rental scheduled on Wed. -Thurs. for the JZ Knight party. They are regular repeat customers and I must accommodate them. I've been taking care of them since I started in May. They also needed it for the following week, but I told them I was shutting down and could not accept the reservation. They'll have to get one on Bald Hills Rd., if Larry "feels like" renting them one, or travel to Lacey! Most of the equipment will be gone by Friday- Monday at the latest. The three remaining 4x6 trailers will be picked up last. I might have to transfer them myself, one a day, into the UHaul center in Lacey. Larry won't take any trailers, cuz he can't do the hookups. The signs are down and I've stopped answering my phone. And this "undeveloped" lot will be free of UHaul equipment, but still occupied with vehicles and dismantled RV's. It won't be long before the semis start parking here again and we'll all be dealing with that. I will continue to document these issues, which the City of Yelm has not addressed. Maybe these land users, the students, or the school district should be held accountable for helping Mr. Barrett develop the lot. When the after-school sports/games come around, there will be so many cars parked on the lot, you won't even see the garbage at the back! Guess that's a good thing. Those gutted out trailers are an eyesore for all the traffic heading into town! The City of Yelm should be embarrassed for their lack of consistency and disorganization! They certainly should not be "unwilling" to negotiate with merchants and business owners who provide the goods and services to the people of this community! What about the refunds for the application and license? Are there an other requirements I need to handle or is this it? Teresa Mendes 2/13/2007 a~~f T~p~ City of Yelm ~' Community Development Department 105 Yelm Avenue West P.O. Box 479 YELM Yelm, WA 98597 WASHINGTON February 13, 2007 Teresa Mendes 109 93~d 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. (360) 458-3835 (360) 458-3144 FAX www.ci.yelm.wa.us } 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. 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 February 13, 2007 Page 2 of 3 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. 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, i i :,_ .> .i !//%'°! ~/yam Tami Merriman Associate Planner Department of Community Development cc: Ron Harding, Mayor Shelly Badger, City Administrator February 13, 2007 Page 3 of 3 r m +U, i N a~ ~ 'a .~ o~moE U~(A r TL y~ O Ov-«N+ Q N y ~ ~ .{C~~. C7 ~' ~1 U U ~ v>~m~a C = 'fl v m U N 0 ~ ~" ~.' N C 7 N ~ N ~ ~ ~ „„ E;~E~~c N N O D U m~ 7 3 L m ~E~t~.~o O N 'C O ~ L v.•=a yQ o ^ ^ ~ W N_ C L N N y O a .~ ~~ ~ ~ ~i ^~l^ ~~~~ o aw~~ ~ r r~nW~^ ~ ri `f ~ ~ n J ' i~/~ ~ V~ ~' O ' " y CT/~ ~ ~ m 4 ~ ~ ~ ~ qx 0 v ~_ N 0 a .~ E U N E 0 O O O L.~ N $~' ~ U ~ ~ LL N T ~e o ~ . M m ~ v ~ O LL ~.i a 7~~3 2260 ~~~~ 1,874 3630 O ~ M i~9. A ~^ ~ ~ n ~~U m ~ ~ 0 3n 3$ R° .n m N , I7 m Ae c~ a'~ ~ y a~ c~ 8~ m ~ ~ ~ c w m in fA 1 C 7 :.: ~ r •.a -~ c:.;~ Cp s:' ... V / ~ ~~ ~ w.. ~ 1 F ~ • '~" `0 3 o w is City of Yelm t~~ ~® ELM WASHINGTON September 12, 2006 Teresa Mendes 109 93`~ Ave. SE, Unit A Yelm, WA 98597 Community Development Department 105 Yelm Avenue West P.O. Box 479 Yelm, WA 98597 Re: U-Haul Truck and Trailer Site Plan Review Application Dear Ms. Mendes: On August 21, 2006, the Community Development Department received an application for Site Plan Review for the above referenced project. The application submittal is not complete and further information is required before we can begin the review process. The site plan drawing submitted does not meet the requirements of the Site Plan Review Checklist. I have included a checklist with the missing information marked. Also missing from the application package is a conceptual landscape plan, a preliminary stormwater and drainage report, and details of frontage improvements. Your application also does not include any information on the business, such as where are people coming to fill out rental agreements and to pick up and drop off keys? This site plan depicts only existing pavement which does not meet the City's requirements for a parking area. As we stated in your presubmission conference, all parking is required to be paved, striped and landscaped. Use of the existing "Bucky's" as contact point for customers may require improvements to that site as well. If you have any questions, please feel free to call me at (360) 458-8496. Sincerely, l~~ ~~~~~ Tami Merriman Associate Planner (360) 458-3835 (360) 458-3144 FAX www.ci.yelm.wa.us ~'\ F, +~ `/ ~~ ~ ~ City of Yelm ~~/ \t~ Community Development Department PO BOX 479 YELM, WA 98597 YELM 360-458-3835 WASXINGTON NOTICE OF APPLICATION Mailed on: PROJECT NAME AND LOCATION: U-Haul Truck/Trailer Storage 9300 SE Yelm Avenue LAND USE CASE: SPR-05-0683-YL An application submitted by Teresa Mendes 109 93`d Avenue SE, Unit A, Yelm, WA 98597, for the above referenced project was r e by the City~~l(elm on August 21, 2006. The City has determined the application to be com eon -DATE The application and any related documents are available for public revi€w during- urs 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: Front portion of vacant lot for storage of U-Haul equipment. ENVIRONMENTAL and OTHER DOCUMENTS SUBMITTED WITH THE APPLICATION: A Site Plan was submitted with the application. Additional Information or Project Studies Requested by the City: None 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 YMC, Critical Areas Ordinance Chapter 14.08 YMC, Storm Water Drainage Design and Erosion Control Manual (DOE), International 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 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. I:\SPR Site Plan Review\OS-0683 U-Haul (Mendes)\Notice of Application.doc ,~ \ i / l ~, City of Yelm Community Development Department P.O. Box 479 Yelm, WA 98597 (360) 458-3835 (360) 458-3144 FAX Memorandum To: SPRC From: Roberta Allen, Administrative Assistant Date: Re: SPR-OS-0683-YL -Project Review Schedule for U-Haul Truck/Trailer Rental ~~~ .~ \~~ 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. DATE -Notice of Application distributed -begin 15 day comment period. SPRC project review. Department comments/conditions of approval for staff report. ~. ~ pproval Letter completed. I:\SPR Site Plan Review\OS-0683 U-Haul (Mendes)\Proj Rev Date Memo.doc Page 1 of 1 Tami Merriman From: Teresa0818@aol.com Sent: Wednesday, August 09, 2006 6:26 PM To: Tami Merriman Subject: Re: 109 93rd Ave. SE Hi Tami, My site plan review is almost completed. They were here yesterday again for a final measurement and said I should have the final plan by next week. /was under the impression that they had been communicating with you thru this whole thing! Please contact them directly, they are expecting to hear from you. Thank you very much for your patience and allowing me the extra time. I greatly appreciate it. Teresa Mendes Design By Others Gary Owen, Owner 1220 4th Ave. Olympia, WA 98506 e-mail: gary@designbyothers.com 360-491-9376 office 360-556-8926 cell 8/9/2006 Page 1 of 1 Tami Merriman From: Teresa0818@aol.com Sent: Monday, June 26, 2006 12:20 PM ' To: Tami Merriman Subject: 109 93rd Ave. SE I wanted to keep you posted on my progress of my Site Plan located at the above address. I have retained the services of "Design by Others" out of Lacey. They will be working with Dennison completing my Site Plan Review. You will be hearing from them soon. If you have any questions, feel free to give me a call. I can be reached at (360) 458-3828. Thank-you. Teresa Mendes C L~ ~k~ ~ ~~~~~ 7/10/2006 Page 1 of 1 Larry Hanson From: Tami Merriman Sent: Wednesday, May 10, 2006 7:10 PM To: Larry Hanson Cc: Grant Beck Subject: 93rd Avenue Larry: _ We met withi Teresa Mendez today, regarding the UHaul business at Bucky's. We gave Teresa 30 days from tgda~y to hir~a planner or engineer to assist her with her site plan application. Please mark your calendar for une 9, 20 6 to check with me on the progress. Tere req sted that the other businesses on the lot follow the same rules that she has to follow. Could you pease conta t Millennium RV, and the other auto repair business (I think it is called gear works) to remove the vehicles and V's that have leaked over onto the adjacent lot. Also, there is a report of hazardous materials being kept be en the Bucky's building and the other automotive repair building. Would you please check on that as well? Thanks Larry Tami Merriman Assistant Planner City of Yelm 360.458.8496 6/13/2006 IZ~ I~'~ I ~~ ~' OFD` H-E~f'k /t ~CF/ ~ ~'~~~ ~~ ~. ~ ~F. ~ ~~ 1~ ~' E I_ ~7 JY P.SHING'CN CITY ~OF YELM~~~ PO Box 479 ~ ~ ~ ~' Yelm WA 985~~N ~ 2 Z~6 (360) 458-324 APPLICATION FOR BUSINESS LICENSE OFFICIAL USE ONLY Fee Rcvd. By Comm Dev. Dept. Bldg Dept. Insp. Date Lic. No. Upori receipt of license application, the City of Yelm will conduct an inspection of the premises for building and fire code conformance. Upon approval from the Yelm Building Department of said premises, the City Clerk's Office will process a business license and billing for $35.00 and mail to applicant at address listed below. License fee is due two weeks after issue date of license. Application is hereby made for a Business License for the City of Yelm NEW BUSINESS ~ NAME CHANGE/MAILING ADDRESS CHANGE ONLY DATE ~G~ U ~O t ~~ BUSINESS NAME LT'` J ~~~ J1/r©V~ V"1"~lX~~ ~~Cyla(.L ~~ NATURE OF BUSINESS ~Y l~~- ~~'~~~' ~ ~+~ ~~~~ BUSINESS LOCATION ADDRESS LO { ~ ;,i ~ ~-e . ~~ ~ LXy 1,t,~ /`~ MAILING ADDRESS ~Z'W~K. ANTICIPATED OPENING DATE "F'~ ~ ~O DAYS 8 HOURS OF OPERATION ~ - Sd~ • q - l~ ~ 5u,~ OWNER(S) t ~dVC.-yet ~/1~GY[til-,i''l~ ~ - V W l r i p 4~i 7 Birthdate v ~$ "~~ ~r~ -J~ Social Security No.'J~•0' uO'~72.~~0 ~ 5~l' (Oj Address 6 ~-~J`-n ~'V~ ~ cal P~ ou,~~/'Y~(~/CY -Y~ ~~ City State ~~ Zip~7 TELEPHONE ~~ r~`S~- ~vgZ.~l Zc5°~ ~8c~ (-~l(~~r7dt'~'-OZSb (Business) (Home/Emergency) CONTRACTOR'S REGISTRATION NO. N (If applicable) THURSTON CO. HEALTH APPROVAL NO. ~~ STATE OF WASHINGTON MASTER BUSINESS LICENSE N0. (UBI) ~/,l/Z'SIOI ' ~-I 2 ature ` ~ Date ~~~~ yv'~ 5 CITY OF YELM BUSINESS LICENSE APPLICATION (Effective osioiioa> - dslc:\myfles\forms\buslic.app Page 1 of 1 ~shix~~taY~ State I~ep~t~~m~nt ~-~`~t.eve~~ue State Business Recarc~5 l~~t~b~se I~et~il TAX itEGISTaATICNi ~~R : ~; EEGAI. ENTITY : t}L3It~ BU5II~55 as MAILIi~ At~RE55: 11~ 9~t~ AYE 5E tk1IT A 1fEi.M, WA X597-9229 dtNit TYPE ACC~IT C~EI'~D AECI~T ClDSED : I~TCS CtH3E 6nzs6l~9x ~~~~ MESS TERESA #t FIhtlSti Lil+~ ~.lSIh~55 EDCATIQ~1: 109 9~I) AYE SE l~iIT 10. YE1.M, WA 98597-9229 SEA.E PRCfPaiETOR I Z/05~2~5 OMEN 532I2[! 06J12/2t816 9:IQ AM FC~R N~t~-C?MMER[~~. I~~EC7h~LY http://dor.wa.gov/content/brd/images/BRDImage.aspx?tra=rtY7eP 11xS 82zW4QKgDGD9k... 6/12/2006 ow~~ T"Ep City of Yelm °' ~' Community Development Department 105 Yelm Avenue West P.O. Box 479 YELM Yelm, WA 98597 WASHINGTON January 25, 2006 Teresa Mendes 109 93`d Ave. SE, Unit A Yelm, WA 98597 Re: U-Haul Truck and Trailer Site Plan Review Application Dear Ms. Mendes: NOTICE IS HEREBY GIVEN pursuant to Section 1.12.010 YMC that your use of property at 109 93`d Avenue SE, Yelm, WA 98597 is in violation of the Yelm Zoning Code, Title 17 YMC. ALLEGATIONS OF FACT Teresa Mendes owns or controls real property within the City of Yelm, identified by tax parcel numbers 21724210401 and 21724210600, and described as 24-17- 1 E 1.06A NE-NW W 115E OF N 430E LY SWLY OF SSH 5 I LE SS N 30 and 24- 17-1 E NE NW W115F OF E230F OF W345F OF N432F LESS N30F R D, and located at 109 93`d Avenue SE, Unit A. 2. On or before May 1, 2006, U-haul trucks and trailers were found to be on the site adjacent to the Bucky's Muffler Shop, and the business of renting the U-haul equipment being operated by Teresa Mendes. 3. Although the subject property is identified by the Yelm Zoning Code as being within the Commercial zoning district, which allows this type of retail establishment, Section 17.84.010 (A) YMC requires site plan review approval prior to the use of land or buildings for the location of any commercial, industrial, or public building or activity. 4. Teresa Mendes was contacted by Larry Hanson, the Code Enforcement Officer for the City at the time, and explained that Site Plan Review was required, and suggested that Ms. Mendes attend a presubmission meeting. 5. Teresa Mendes attended a presubmission meeting with the Community Development Department on May 10, 2006, where site plan review requirements were discussed, and provided as written notes. 6. On August 26, 2006, an incomplete application for site plan review was received by the Community Development Department. A letter was written and sent to both Ms. Mendes and to Design By Others, Olympia, WA, on September 12, (360) 458-3835 (360) 458-3144 FAX www.ci.yelm.wa.us 2006 explaining that the application was incomplete, and described the information that is required. 6. To this date, there has been no contact with the Community Development Department regarding the application. ALLEGATIONS OF LAW A. The above described real property is within the City of Yelm. B. The above described development is in violation of the Yelm Zoning code. C. The property owners failed to comply with site plan review requirements and still operate the U-Haul business at the location. IT IS ORDERED THAT Teresa Mendes or any other person acting as her employee or agent shall submit a complete site plan review application to the Community Development Department no later than February 15, 2007. Failure to comply with the terms of this notice of violation will result in further actions by the City of Yelrn, including, but not limited to the issuance of civil penalties of up to $250.00 per day of violation or further enforcement action through a court of competent jurisdiction. Signed in Yelm, Washington this 25th day of January, 2007. - -_- - - ~, ~ ~ ~~ i Tami M ~. As cjate Planner / Co unity Dev prrient Department /,; i .~' ~ Grant Beck, Directo '~ Community Development Department '\ ~. Cam' January 25, 2007 Page 2 of 2