staff reportDate: June 18, 2002
To: City of Yelm Hearing Examiner
From: Tami Merriman, Planning Technician
Re: APP-02-8319-YL, Douglas Walker Appeal of Staff Decision regarding placement of a Temporary Sales Trailer at Van Norhop Estates
LIST OF EXHIBITS:
EXHIBIT A: Letter from Mr. Douglas Walker Dated May 13, 2002.
EXHIBIT B: Letter from Mr. Gary Carlson, Building Official dated May 23, 2002
EXHIBIT C: Notice of Appeal received June 6, 2002
EXHIBIT D: Notice of Public Hearing June 21, 2002
PROPOSAL: The proposal is to set up a temporary sales trailer in a new 20 lot residential subdivision located on 107th Loop and Mill Road, Yelm, WA. At the time of the initial request,
the applicant proposed to locate a sales trailer on Lot 20 of the Van Norhop Subdivision, stating “the sales trailer would be removed after the completion of the first unsold home.”
The request came in the form of a letter. A formal Land Use Application was not submitted. See Exhibit A.
On May 23, 2002, Mr. Gary Carlson, City of Yelm Building Official denied the request in the form of a letter addressed to Mr. Douglas Walker. See Exhibit B.
NOTICE OF APPEAL:
On June 6, 2002, a Notice of Appeal of the staff decision was submitted to the City. The appeal process is described in the City of Yelm Municipal Code (YMC), Chapter 15.49.160(A).
The appellants submitted the Notice of Appeal within fourteen days, as required by 15.49.160(A), and paid the required fee of $50.00. See Exhibit C.
The appeal is to allow the temporary sales trailer on site for approximately 90 days, until the model home is complete.
FINDING OF FACT:
The property is zoned R-4 Low Density Residential, which allows for up to 4 dwelling units per acre. The Van Norhop Estates Subdivision final plat was reviewed and approved by the Community
Development Department, and recorded with Thurston County on May 10, 2002.
YMC Chapter 17.12.020 provides a list of allowed uses in the R-4 zone. YMC Chapter 17.12.030 Prohibited Uses states “Uses other than those identified or described in Section 17.12.020
are prohibited.”
Comment: Staff reviewed the list of allowed uses and found that temporary sales office is not listed as an allowed use. The R-4 zone does allow for the placement of mobile/manufactured
homes.
YMC Chapter 17.12 Low Density Residential Zone (R-4) allows for Mobile/manufactured homes as provided in YMC Chapter 17.63.
YMC Chapter 17.63 states that it “Permits the location of manufactured homes as a permanent form of dwelling unit in certain districts and as an accessory use or a temporary use in certain
other districts. The temporary use description is listed in YMC Chapter 17.63.040(F), temporary or emergency use in:
1. Any district as part of a construction project for office use of construction personnel or temporary living quarters for security personnel for a period extending not more than 90
days beyond completion of construction. A 30-day extension may be granted by the city administrator upon written request of the developer and upon the administrator’s finding that such
request for extension is reasonable and in the public interest;
2. Any district as an emergency facility when operated by or for a public agency;
3. In the open space/institutional district where a community need is demonstrated by a public agency such as temporary classrooms or for security personnel on school grounds. (Ord.
669 § 6, 1999).
Comment: Staff reviewed the Manufactured Homes chapter. The Chapter clearly states that the temporary use of a manufactured home is for construction personnel or security personnel.
It is staff interpretation that a sales office is not the same as a construction office. The sales office, for a residential subdivision is allowed by a model home, and is regulated
by YMC 16.04.150
YMC, Subdivisions, Chapter 16.04.150 allows for a model home to be constructed prior to final plat approval for the purpose of a sales office in a new subdivision. The chapter states
“Any other provisions of this title notwithstanding, following preliminary approval of each full subdivision or binding site plan of five or more residential units, the public works
director is authorized to approve and the building official may issue a permit for construction of one and only one residence for use as a model home. Prior to final plat or site plan
approval, such unit may be occupied solely for purposes of promotion of the development and may not be occupied as a residence except by a real estate agent or other representative of
the subdivider, and then only for the limited purpose of security. The director upon written finding that the design and placement of the unit would conform with all standards of the
city if for any reason the plat is not completed or is not granted final approval shall only authorize such construction and subsequent occupancy. (Ord. 436, 1992).
Comment: The Yelm Municipal Code does allow for the construction of a Model home prior to completion of final plat for the purpose of providing a sales office for a residential development.
The Model home is intended to be a home, and not a temporary structure.
CONCLUSION AND STAFF RECOMMENDATION:
The Appellant has not met his burden of proof in that there has been no argument that staff has interpreted the YMC incorrectly, only that other jurisdictions have different rules.
Staff has reviewed the request for a temporary sales trailer located at Van Norhop Estates by researching the YMC Sections that would apply. Staff could not find an area of the code
that would support the temporary placement of a sales trailer. It is staff recommendation to not allow a temporary sales trailer in a residential subdivision.