310 Stella Ct NW Permit Revocation
City of Yelm
105 Yelm Avenue West
Yelm, WA 98597
(360) 458-3835
July 9, 2018
George Belmore
Po Box 5060
Spanaway, WA 98387
RE: Permit issued in error- 310 Stella Ct. NW
I regret to inform you that the permit numbered 20180250 was in fact issued in error and the City of Yelm must revoke the issued permit.
Per 2015 International Residential Code Section R105.6
Suspension or revocation. The Building Official is authorized to suspend or revoke a permit issued under the provisions of this code whenever the permit is issued in error or on the
basis of incorrect, inaccurate or incomplete information, or in violation of any ordinance or regulation or any of the provisions of this code.
During the Plan Review process, the rear set back being encroached upon in violation of Yelm Urban Development Code was missed.
Per Yelm UDC Chapter 18.30.010 Zoning General Provisions
G. Permitted Intrusions into Required Yards
3. Decks and patio covers may be permitted to encroach into all residential district rear yard setbacks, provided a minimum setback of 10 feet is retained, and provided such deck be
not more than 16 inches above existing natural grade measured at the deck floor from the highest point; and provided, that such patio cover is not enclosed in any manner. In no case
can a deck or patio be constructed in a required side yard.
The City of Yelm has looked into possible alternatives to make this proposed project possible in its current intent but unfortunately has found none.
The right to appeal the city’s decision is always available to you.
Per Yelm UDC 18.10.100 Appeals.
Appeals of Administrative Determinations. All ministerial and administrative project permit decisions, and any administrative determination that terminates review may be appealed to
the hearing examiner at an open record appeal hearing.
F. Content of Appeal. Appeals must be in writing, be accompanied by the appeal fee of $1250.00 established by the city council, and contain the following information:
Appellant’s name, address, and phone number;
A statement describing the appellant’s standing to bring the appeal;
Identification of the decision that is the subject of the appeal, including the date of the decision being appealed;
A specific statement on the grounds for the appeal and the facts upon which the appeal is based;
The relief sought; and
A statement that the applicant has read the appeal and believes the content to be true and correct; signed by the appellant.
The right to apply for a variance is another right that is available to you.
Per Yelm UDC Section 18.14.100 Variances.
A. When Required. A variance is required to waive the design standards of the Unified Development Code, except where the waiver is an administrative variance.
B. Decision Making Authority. The hearing examiner shall process all variances as provided in Chapter 18.10 YMC.
C. Criteria for Approval. A variance shall be approved if:
1. Literal interpretation and application of this codes provisions deprive the applicant of rights granted to others in the same district;
2. A variance is necessary for the preservation and enjoyment of a property right possessed by others in the same district, but has been not granted to the applicant because of special
circumstances that exist upon said property.
5. A variance will not permit a use currently prohibited by the UDC in the district in which the property in question is located.
All of the above materials may be referenced in full by clicking on the City of Yelm’s website and using referenced codes.
If you have any questions regarding this matter, please feel free to contact me at (360) 458-8407.
Thank you for your cooperation.
Sincerely,
Chris Vaccaro
Building Official
City of Yelm