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04-0175 Letter to Dotson 10282004City of elm Community Development Department 105 Yelm Auenue West P.O. Box 479 Yelm, WA 98597 October 28, 2004 Kathryn Dotson 16440 Middle Road SE Yelm, WA 98597 J. Scott Griffin, Jr. Freestone DFF Yelm II LLC P O Box 73669 Puyallup, WA 98373 Dear Kathryn and Scott Enclosed is a copy of the Hearing Examiner decision regarding the appeal of the City's Bernal of your application for a boundary line adtustment The Examiner granted the appeal and approved the boundary line adtustment with the condition that the home site be connected to the City's sewer and water system In order to complete and record the Boundary Line Adtustment, the connection to City services will need to be completed Towards that end, the following issues need to be addressed as part of connection to sewer and water • The sewer connection fee is currently $5,269 00 with a $145 00 inspection fee A standard residential STEP system wdl be regwred to connect the residence to the sewer Ime located in Middle Road • The water connection fee is currently $1 is $300 00 pre-tapped and pre-plumbed Road 500 00 and a standard residential meter The water main is located in Middle • The property is subtect to a sewer latecomers charge of $5,608 46, which is payable at the time of connection • The property is subtect to a water latecomers charge of $5,851 55, which is payable at the time of connection • The existing drainfield will have to be abandoned pursuant to the regwrements of the Thurston County Health Department • The existing well must be decommissioned (360) 458-3835 (360) 458-3144 FAX m,nm cGyelm mazes I have enclosed for your information standard details for the water and sewer connections, including the standard STEP tank detail from the City of Yelm Development Gwdelines If you have any questions regarding the design or process for connecting the home site to the City water and sewer systems, please don't hesitate to contact the Community Develo ment Department Beck, Director tment of Community Development c William Lynn, Gordon Thomas Honeywell Cathie Carlson, Parametnx October 28, 2004 Page 2 of 2 OFFICE OF THE HEARING EXAMINER CITY OF YELM REPORT AND DECISION CASE NO. APPEAL OF BOUNDARY LINE ADJUSTMENT DENIAL BLA-04-0099-YLRPP-04-0128-YL APPELLANTS Kathyrn Dotson 16440 Middle Road SE Ye~m, VJ:, 98597 Freestone DFF Yelm II LLC J Scott Gnffin, Jr Puyallup, WA 98373 SUMMARY OF REQUEST Kathyrn Dotson and Freestone DFF Yelm II LLC appeal the denial of a boundary line adjustment between two parcels of land currently under the ownership of Ms Dotson SUMMARY OF DECISION Appeal 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 hear'rg cn the raai,~ecr ~c fnIIQN!c The hearing was opened on October 12, 2004, at 9 00 a m Parties wishing to testify were sworn m 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 -1- Report, and testified that the City finds that the BLA fails to meet the criteria for approval based upon the land use area requirements of the newly created lots The application does not comply with the density or Health Department requirements The underlying issue is how the property developments The code requires a one acre minimum lot size for homes served by both an on-site well and septic system The lots created do not meet the density requirements for maximum and minimum lots WILLIAM LYNN, attorney at law, appeared on behalf of the appellant and testified that the issue is whether the City can impose new development regulations on a home where no changes are proposed The initial decision referred to the Health Department and minimum density Then, in the staff report, the City adds another reason which alleges an attempt to get around the subdivision code The appellant owns two parcels of property consisting of ten and eight aces respectively The house is presently served by a looped driveway with the garage on the right side of the home The City told the appellant that she would need to change the access pant, but she can't do that and still access the garage They desire to develop the balance of the property, but want to leave the house as it presently is The City wants her to change the access from the street, but she cannot, and therefore proposes no changes The City also required her to hook-up to sewer and water and make street frontage improvements He doesn't believe the City can do that as the home creates no new impacts They submitted a boundary line adjustment application to segregate her home from the balance of the parcel and will make no changes to that parcel Concerning the Health Department issue, they have seen nothing from the Health Department saying that the BLA creates a problem Normally, the Health Department makes the decision on septic and water, but staff never routed the request to the Department due to the existing structure They want a chance to meet Health Department requirements The Examiner could grant the appeal and impose a condition of meeting Health Department requirements They could create easements for a reserve drainfield and could also meet the requirements by hooking up to sewer and water They will agree to do that The City is using the Health Department as a reason, but it is not valid Concerning the density, they do not exceed the maximum density They do not meet the density of three dwelling units per acre now By shrinking the lot they actually come more into compliance RCW 58 17 04t?(8; does net preh:ba a lot rrem exceeding tie nunimum Int dimensions and area The City contends the lot is too big, but the RCW doesn't prohibit it In the Kasten v Seattle case, the Supreme Court did not distinguish between large and small adtustments They propose subdivision of the balance of the site and frontage improvements wili be an issue They are not foreclosing the discussion of improvements KATHY CARLSON, appellant, appeared and testified that the proposed lot with the house contains 39,198 square feet MR BECK reappeared and testified that the Health Department issue would be resolved if the appellant connected to sewer and water -2- • No one spoke further in this matter and so the Examiner took the request under advisement and the hearing was concluded at 9 30 a m NOTE A complete record of this hearing is available in the City of Yelm Community Development Department FINDINGS, CONCLUSIONS AND DECISION FINDINGS 1 The Hearing Examiner has admitted documentary evidence into the record, viewed the property, heard testimony, and taken this matter under advisement 2 This request is exempt from review under SEPA 3 Notice of this request was advertised in accordance with the Yelm Municipal Code 4 The applicant has a possessory ownership interest in abutting, rectangular parcels of property, one of which contains ten acres and the other eight acres The parcels abut Middle Road SE on the northeast and Yelm Creek on the southwest Improvements on the site include a single family residential dwelling and outbuildings, most of which are on the larger lot A circular driveway entering the site from Middle Road SE provides access to the single family dwelling 5 The applicant submitted a request for a boundary line adjustment (BLA) which proposed to combine the parcels and create a 39,198 square foot lot which would support the existing single family dwelling and outbuildings The applicant proposed the BLA to allow subdivision of the balance of the site into 41 single family residential lots, but exclude the newly created lot from the subdivision The City denied the BLA by letter from Grant Beck, Community Development Director, to Scott Griffin, Caddis Construction dated August 11 2004 t.Ndliam Lynn, attorney at law, timely filed an appeal of said denial on August 24, 2004 6 Mr Beck denied the BLA application in part because the newly created lot supporting the home violated Thurston County Health Department codes and Washington Administrative Code (WAC) standards which require a minimum lot size of one acre for those lots having both an individual well and on-site sewage disposal system Furthermore, the 100 foot wide, protective well radws would not be contained within the boundaries of the proposed lot Mr Beck also denied the application as the newly configured lots do not meet the density requirements of the applicable Medium Density Residential (R6) zoning district of the Yelm Municipal Code (YMC) Mr Beck also denied the BLA because the application represented -3- r~ one of a serves of actions designed to avoid City subdivision and development regulations requirements 7 RCW 58 17 sets forth the State Subdivision Act, and RCW 58 17 040 provides exemptions from said act and provides in part The provisions of this chapter shall not apply to (6) A division made for the purpose of alteration by adjusting boundary lines, between platted or unplatted lots, or both, which does not create any additional lot, tract, parcel, site, or diwsion nor create any lot, tract, parcel, site, or division which contains insufficient area and dimension to meet minimum reouirements for width and area for a building site - Section 16 28 010 YMC sets forth the City's criteria for BLAB in part as follows Applications for boundary line ad}ustments within or outside of an approved subdivision shall be presented to the city planner Upon finding compliance with minimum zoning, health, building and other land use regulations and with the Yelm comprehensive plan and upon finding that the adjustment will not adversely affect access, easements or drainfields, the planner shall issue a certificate of approval 8 The City asserts that the BLA creates a lot of insuficent area to meet minimum area requirements of the WAC and County health regulations which require a minimum one acre lot size for those lot using an on-site water source and on-site septic system However, at the heanng the appellant offered to connect the proposed lot to City sewer and water which eliminates Health Department concerns 9 Section 17 15 020(A)(1 }YMC provides A Specific types of uses permitted in the Moderate-Density Residential Distract 1 Any residential use, including single-family dwellings on individual lots, duplexes, and other multi-family dwellings, provided they do not exceed six dwelling units per gross acre and are not less than three units per gross acre -4- Section 17 15 050(A) YMC provides A Minimum lot area None The applicable Moderate Density Residential Distract (R-6) zone classification does not require a minimum or maximum lot area, but does require a maximum density of six dwelling units per acre and a minimum density of three dwelling units per acre The City asserts that creation of a lot which does not meet maximum density violates the cntena for a BLA set forth in RCW 58 17 040(6) However, said section prohibits creation of lots with "insuffiaent area and dimension to meet minimum requirements for width and area for a building site" Said section does not prohibit creation of lots which do not meet minimum density requirements However, the Examiner agrees wdh Staff that the Intent of tl~e BL4 exempron is to prohibit creation of lots which do not comply with the requirements of the applicable zone However, in the present case, the BLA creates no new lots and the density remains constant The newly created lot meets the minimum density requirements assuming creation of other lots of the same size Therefore, the BLA does not alter the density of the overall parcel 10 The appellant fully intends to subdivide the larger lot and must meet all City development standards The smaller lot with the home would not be included within the subdivision and not subject to subdivision requirements However, it is reasonable for the City to consider frontage improvements across the newly created lot based upon the BLA and the requirement that the subdivision serve the public use and interest and make appropriate provision for the public health, safety, and welfare CONCLUSIONS 1 The Heanng Examiner has jurisdiction to consider and decide the issues presented by this request 2 The appellant has estabushed that the proposed BLA falls within the exception set forth in RCW 58 17 040(6) and also complies with the requirements of Section 16 28 010 YMC Therefore, the appeal should be granted and the application for boundary line adjustment approved subject to the following conditions 1 The appellant shall connect the newly created, smaller lot to City sewer and water 2 Approval of this BLA shall not prohibit the City from requesting frontage improvements across the smaller upon preliminary plat application for the larger lot -5- DECISION The appeal of Kathryn Dotson and Freestone DFF Yelm II LLC rs hereby granted subject to the conditions contained in the conclusions above ORDERED this 27'" day of October, 2004 K. CAUSSEAUX, JR. Hearing Exa~rnr,er TRANSMITTED this 27`" day of October, 2004, to the following APPELLANTS Kathyn Dotson 16440 Middle Road SE Yelm, WA 98597 Freestone DFF Yelm II LLC J Scott Griffin, Jr Puyallup, WA 98373 ATTORNEY FOR APPELLANTS William Lynn Attorney at Law P O Box 1157 Tacoma, WA 98401 OTHERS: Denny Balascio 16422 Middle Road SE City of Yelm Tami Merriman 105 Yelm Avenue West P O Box 479 Yelm, Washington 98597 Yeirn, WA 98597 -6- CASE NO.: APPEAL OF BOUNDARY LINE ADJUSTMENT DENIAL BLA-04-0099-YL and APP-04-0128-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 obtected 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 heanng The term "new evidence" shall mean only evidence discovered after the hearing held by the heanng 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 8, 2004 (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 heanng examiner shall review said request in light of the record and take such further action as he deems proper The heanng 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 determmaUons (YMC 15 A9 1S0) in accordance w~`h Section 2 26 .SG of the 'relm 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 -s- " (OR APPROVED EQUAL) ENVIRONMENT METER BOX LID TYPE MIDSTATES, BCF-1416 12RL CONCRETE "BROOKS SIDEWALK SERIES 36 CONCRETE CONCRETE OR FOC TITS 89H CONCRETE 'BROOKS DRIVEWAY SERIES 36 CAST IRON & OTHER CONCRETE TRAFFIC COVER SERVICE SADDLE TRAFFIC OR ROMAC 202S OR AREAS FOG TITE B9H ROCKWELL 313 METER 80X *CARSON 'CARSON ? EARTH SERIES 7419-8 PLASTIC 1419 a ~ " " F R P N PLASTIC READER LID w 1 D GRI JOI x 1 O T ~ ,. CORPORATION STOP TYPE ~ ~ u y y~.. ~~,.,~,., '''' FB 1107 '' ' ' 3 ~ ~ 14" 1° PLASTIC LINE (USE 200 PS1-~ DR7 PHILLIPS DR1SC0 P1PE `5100 POLYETHYLENE PIPE) VALVf BOX OR 4" DIA PVC R15ER SEE NOTE BELOW METER ~ CHECK VALVE SLOPE 18 " CURB ° s a c v o ~ CAP 12" VALVE BOX FOR SIDEWALK OR TRAFFIC SETTINGS, SEf DWG NO 6-12 USE 4" DIA SCHEDULE 40 PVC IMTH CAP FOR OTHER fNSTALLA770NS 14 GAUGE INSULATED COPPER TONfNC 'MRE WRAPPED AROUND THE PIPE (SEE GENERAL NOTES NO 7)- 12" Y FORD B61-444-G, GRIP pp 1~2 JOINT BY 1 P THREADS 1'" MALE ADAPTER - 3/4" X 1" X 12" BELL - REDUCER ~ 1 "x 1 " FORD GRIP JOINT CORPORATION STOP TYPE FB 1101 SERVCE SADDLE NOTES. 1 STAWLESS STEEL MSER TS REQUIRED FOR ALL PACK JO1NT5. 2 ALL SERVICE SADDLES SHALL AND F17T1NG5 SHALL HAVE I P THREADS FORD VH 72-i5W 5/8"x 3/4" COPPER METER SETTER WITH CHECK VALVE AND UNION NUT AND SWIVEL FOR CONNECTING 1" IRON PIPE CITY OF YELM, WASHINGTON DEPT. OF PUBLIC WORKS 5/8" SINGLE METER SERVICE APPROVED DWG NO PUBLIC WORKS DIRECTOR DAiE 6- DES DWN CKD DATE TEW TEW DLM 3~15~00 SERVICE BOX -CARSON INDUSTRIES MODEL NO 14198 WITH BOLTED HINGED COVER OR EQUAL COVER MARKING TO READ "SEWER" (USE IN NON-TRAFFIC AREAS) SPLICE TO EXISTING 14 GAUGE TONING WIRE WITH BUTT 14 GA INSULATED COPPER TONING WIRE CONNECTORS AND SPLICE TONING WIRE FOR SERVICE TO HEAT SHRINK TAPE FINISH GRADE MAINLINE TONING WIRE AND WRAP SPLICE WITH HEAT SHRINK TAPE EXISTING PVC SWP °' z z ~ ~ STEP MAIN TO STEP TANK - o ~ 12" CONNECT TO MIN EXISTING PVC 7" SCHEDULE SERVICE LINE ao PvC SwP , , , 2" x 1° REDUCER 1F REQUIRED -- 1" BALL VALVE, SL x SL PVC SWING CHECK VALVE SL x SL 1" BALL VALVE, SL x SL 1" PVC NIPPLE, SL x SL- 1` x MAIN DIA PVC REDUCING TEE SLxSIxTH OR PIPE SADDLE - DEPT OF PUBLIC WORKS TYPICAL 1" SERVICE CONNECTION APPROVED I DWG ND PUBLIC WORKS DIRECTOR DATE 7-2 PMX ~ PMX ~ MTO ~ 4/11/00 • PL 1/4"x12"u12" HOT DIPPED GALVANIZED FORM CONDUITS TO POST OR CHANNEL SEE C~ TYPICAL PUMP CONTROL PANEL DETAIL DRAWING #6 ro-~ pUMP CONTROL PANEL 3/16 PVC CONDUIT 4"x8' PRESSURE TREATED POST ~ 1/4°x3"x6" HOT ATTACH CONDUIT TO DIPPED GALVANIZED POST WITH STAINLESS CHANNEL STEEL TWO HOLE STRAPS CONCRETE EXISTING GROUND a Z a ~ N b tl ~ TO NEW , TO STEP TANK ELECTRICAL PANEL DIRECT BURY CABLE DIRECT BURY CABLE 72" DIA CITY OF YELM DEPT OF PUBLIC WORKS REMOTE POST -RESIDENTIAL PUMP CONTROL PANEL INSTALLATION APPROVED DWG NO ~- CITY ENGINEER DATE DES OWN CKD DATE JEG PMX PMX MTO 4/11/00 • *PUMP CONTROL GARAGE CONTRACTOR TO PANEL SHIM. ETC TO WALL ACCOUNT FOR DIFFERENT TYPES OF SIDING m ° 3/4" PVC (CONTRACTOR TO o r CONDUIT FORM BOTH CONDUITS ~ o AS SHOWN FOR g U N r w S ~3/4" LB CONDUITS LINE FROM TO ELECTRICAL UNDER HOVSE PANEL _ CONDUIT J-- TO STEP _ L TANK ~ - I J"-FOOTING/STEM TO STEP ~ WALL TANK 'LOCATION OTHER THAN GARAGE WALL OR REMOTE POST WILL BE CONSIDERED ON A CASE BY CASE BASIS E WALL CONTROL STAINLESS STEEL TWO HOLE STRAPS AS REQUIRED TO SECURE CONDUIT TO WALL EXISTING GROUND a Z N ~ '~~- TO STEP TANK 12" CITY OF YELM DEPT dF PUBLIC WORKS TYPICAL PUMP CONTROL PANEL INSTALLATION ON EXISTING HOUSE APPROVED DW-G7 NO CITY ENGINEER DATE / - PMX I PMX ~ MTO I 4/11 EDCE OF 2' WATER TIGHT HOUSE CAP TYPICAL IN PROTECTED AREAS NON-PROTECTED AREAS (LAWNS, ETC ) 2'-0" TAIL REQUIRE SERVICE BOXES (CARSON OR RICH) ABOVE I"I - GROUND 1 ~ EXISTING GROUND FROM . HOUSE ~~~~~~ 14 GA COPPER TONING PARE WRAP ONCE AROUND CLEANOUT STANDPIPE NEW 4" PVC SEWER ~ TOP OF STEP TANK PVC C O UNE (TYP) (3034) TEST TEE 2% SLOPE TO TANK BAFFLE FERNCO COUPLING OR APPROVED EQUAL FERNCO COUPLING OR APPROVED EQUAL CITY OF YELM DEPT. OF PUBLIC WORN TYPICAL CONNECTION I CIPPRONGW EER DATE D ~ N lJ PMX ~ PMX ~ MTO ~ 4/11 USE 1" UNION TO CONNECT TESTNG FIBERGLASS LID APARATUS FOR PRESSURE TESTING SERVIC WITH STEEL BOLTS AND NEOPRENE GASKET 20" MIN RISER HEIGHT TYPICAL WITH ALL NON-TRAFFIC BEARING TANKS 1' DIA PVC HOSE AND LEAVE SUFFICIENT VALVE ASSEMBLY W1RE TO ALLOW FOR ORIENT BALL VALVE PUMP REMOVAL AS SHOWN BALL VALVE SHALL BE WITH 12" BELOW ELECTRICAL SPLICE BOX W1TH CORD GRIPS LID ALL CONNECTIONS SHALL BE WRAPPED WITH HEAT SHRINK TAPE 21" OR 24" PVC 30" DIA RI88ED PVC RISER W/LID SLOPE GROUND AWAY FROM RISER RISER WITH NEOPRENE GROMMETS 14 GAUGE fi" FROM TOP OF RISER TO ~ 18" FROM TOP RISER TO INSULATED OF ELECTRICAL CONDUIT TONING WIRE ~ EFFLUENT DISCHARGE INSTALL IN 3/4" EY CONDUIT SEAL TONING WIRE -INSTALL ~ ~IN RISER RISER N ~ ELECTRICAL CONDUIT TO-^ POWER SOURCE EFFLUENT DISCHARGE STANDARD INLET TEE 4"m 2-PART EPOXY, USE C ~ ORIFICE ORENCO RISER TANK ADAPTOR FOR CONCRETE LEVEL 3 5' ALARM ~ TANKS ON 3 5" °~ 3 5" REDUNDANT 1" PVC FLOAT ASSEMBLY AS SET OFF BY CITY OF YELM 0 4.~ 1-1 /4" DIA INLET ORIFICE HOLES AROUND Z PERIMETER OF VAULT ~ 1 4" DIA PVC FLOW o. INDUCER N PVC BIOTUBE THE MATERIAL FOR DUPLEX, TRIPLEX, AND CLASS 1 DIVISION 1 INSTALLATIONS WILL VARY THE CONTRACTOR SHALL MEET THE INTENT OF THE INSTALLATION REQUIREMENTS SHOWN IN THE TYPICAL STEP INSTALLATION SUBMERSIBLE EFFLUENT ORENCO TURBINE 8 GPM 10 O51 0571 PUMP WITH S 0 POWER CABLE ANO 1 /8" 8Y-PASS ORIFICE IN THE DISCHARGE HEAD CITY OF YELM DEPT OF PUBLIC WORKS TYPICAL SIMPLEX STEP TANK INSTALLATION I CPPRONG NEER DATE D 7 N g PMX ~ TEW ~ MTO ~ 4/11