Letter to Smiths
City of Yelm
Community Development Department
105 Yelm Avenue West
Yelm, WA 98597
June 5, 2009
Andrew and Cynthia Smith
15339 105th Avenue SE
Yelm, WA 98597
Dear Mr. and Mrs. Smith:
This is in response to your letter dated April 19, 2009 and received by this office on April 27th.
First, I agree wholeheartedly that the position in which you find yourself with your new home in Forrester Heights is catastrophic. In hindsight, it is clear that approving the final
subdivision of Forester Heights without the required infrastructure to support the construction of homes within the development was a mistake. This even though it was clearly noted
on the final subdivision that no building within the subdivision could be occupied prior to the construction of a water booster pump station and a sewer pressure sustaining valve.
However, the situation was not created by the City of Yelm nor by my 'decision' to not violate the condition on the face of the subdivision. The situation was created when the developer
chose not to install the required infrastructure improvements and when the builder chose to sell and begin construction of a home, apparently in the hopes that the developer would follow
through on his commitment to construct the booster pump station before the home was ready for occupancy.
The City, this Department, and myself have gone out of our way to be flexible to make Forrester Heights work, but everything flexible has a point past which it breaks. Issuance of any
Certificates of Occupancy within the subdivision without all required infrastructure improvements being made has always been that point with Forrester Heights. The City went out of
it's way to warn your builder that this point was being reached well before my letter to Dan Lee dated April 14, 2009. Attached is my letter to Mr. Lee from December 23, 2008, warning
him that the house would not be given a certificate of occupancy without the required infrastructure. This letter was written after numerous comments to Mr. Lee from the City's Building
Official and Building Inspector.
Finally, it is important to note that the letter from SE Thurston Fire/EMS did not indicate that required fire flow could be provided in Forrester Heights without a booster pump
station. Rather, they indicated how they would go about fighting a fire without required flows. This is not an acceptable substitute for actual fire flows under building codes, which
is why it does not "allay the concerns and fears" in my letter to Dan Lee nor meet the condition of final subdivision approval.
On a positive note, it is my understanding that the developer and his bank are working to fund the installation of the booster pump station and pressure sustaining valve at this time.
If they can get to the point where all risk that the improvements will not be made is removed and there is a time certain for the installation of the improvements, I may be able to
be able to recommend the Council amend the condition of final subdivision approval.
I will keep you posted as we hear more from the developer.
Sincerely,
Grant Beck, Director
Community Development Department