Reconsider Req 001LAW OFFICES
GORDON, THOMAS. HONEYWELL. MALANCA. PETERSON & DAHEIM LLP
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REPLY T OFFICE
WILLIAM L LYNN
E-mAi~ rynnw®em-lew oam
December 6, 2004
Stephen K. Causseaux, Jr.
Hearings Examiner
P.O. Box 5767
Tacoma, WA 98405
RE: Request far Reconsideration - Yelm
Deaz Mr. Causseaux:
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This is a response to the November 19`", 2004 letter from Mr. Beck which we received from
Parametrix on December 3, 2004. The situation that prevents the appellant developer from making [he
improvements is a true "Catch 22". He cannot buy the property until it is a lawful lot which, according
to [he decision, cannot happen until water and sewer are connected. The property owner, in tum, will
not allow these improvements to be made prior to the sale of the property. We believe this is a situation
outside of the developer's control.
We also note that the Health Department requirements would be met by [he connection of the
property to sanitary sewer only and even without public water. In an effort appease the City, the
appellant offered to connect to both sewer and water, and the Hearing Examiner incorporated those as
conditions of approval. It should be noted, however, that that condition actually goes beyond what is
required to make the site a lawful building site.
Finally, we understand that the City has a preference for an assignment of cash as opposed to a
bond. Our client is willing to assign cash in order to obtain approval of the boundary line adjustment.
We believe this approach protects both the City and the applicant.
Very tmly yours,
`L ~ ~.~~ (awht I , L~~
William T. Lynn
WTL:gam
co: Scott Griffin
Cathie Cazlson
Grant Beck
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