9834 Ramsey Court 122804I'
City of Yelm
105 Ye(m Avenue West
P.O. Box 479
Yelm, Washington 98597
(360) 458 -3244
December 28, 2004
Joe and Cece Zenker
9834 Ramsey Court
Yelm, Wa. 98597
Dear Joe and Cece
This is a follow -up to the letter that was sent to you on October 2004 from Grant Beck
Director of Community Development regarding Your construction of the wall /fence within
the City right -of- way. In that letter the City ask you to remove the fence and any semi-
permanent feature such as poured footings. I would ask that the encroachment be removed
from the Swale at this time. I'm going to ask that you have this in compliance on or before
January 30, 2005. If you plan to keep a portion of the decorative wall in the right -of -way,
you should submit a plan showing how it would be constructed and it's location to the
Community Development Department for review. If the proposed landscaping does not
impact the functioning of the swale it should be allowed.
If you have any questions regarding this, please don't hesitate to contact myself or staff
within the Community Development Department.
Sincerely,
�" a0- ,,,,.o,.l
Larry Hanson
Code Enforcement Officer
City of Yelm
360 -458 -8475
The City of Yelm is an Equal Opportunity Provider
City of Yelm
Community Deuelopment Department
105 Yelm Avenue West
P.O. Box 979
Yelm, WA 98597
June 23, 2005
Cece Zenker
9834 Ramsay Drive SE
Yelm, WA 98597
Dear Ms. Zenker:
This is in response to your request for public records received by the Community
Development Department on June 21, 2005.
Specifically, you requested all correspondence between the City of Yelm and yourself
regarding your construction of a retaining wall and fence in the public right -of -way and
the drainage Swale within this right -of -way.
I have copies of the following documents which I believe satisfy your request
October 15, 2004 — Letter from Grant Beck
December 28, 2004 — Letter from Larry Hanson
January 3, 2005 — Letter from Joe and Cece Zenker
February 10, 2005 — Letter from Joe and Cece Zenker
February 14, 2005 — Letter from Larry Hanson
You also requested any complaints against Joe and Cece Zenker submitted by anyone
to the City of Yelm.
The Public Disclosure Act at Section 42.17.310 (1)(e) RCW exempts information
revealing the identity of persons who file complaints with investigative agencies from
public disclosure. If at the time a complaint is filed the complainant indicates a desire
for disclosure or nondisclosure, such desire shall govern.
In consideration of this exemption, the Community Development Department maintains
no public records subject to public disclosure which would be responsive to your second
request.
in ey,
Grant Beck, Director
__Department of Community Development
(360) 458 -3835
(360) 458 -3144 FAX
u u wxi.ye /m.wo.w
City of Yelm
Community Development Department
105 Yelm Avenue West
P.O. Box 479
Yelm, WA 98597
October 15, 2005
Joe and Cece Zenker
9834 Ramsey Court
Yelm, WA 98597
Dear Joe and Cece:
This letter is a follow -up to your discussions with Larry Hanson, the City's Code
Enforcement Officer, regarding your construction within the City right -of -way, and your
comments to City Council at it's meeting last Wednesday.
The area in which you have constructed your retaining wall /fence is city owned right -of-
way dedicated as part of the Prairie Creek Estates subdivision. Behind the right -of -way
is a 10 foot easement which benefits various utility providers. The easement is non-
exclusive, meaning that you maintain the right to occupy the easement area, and the
utility providers have the right to maintain the utilities located within the easement.
Prairie Creek Estates was approved with a stormwater treatment system that includes a
conveyance and treatment system (the swales in the public right -of -way, and an
underground infiltration gallery. In order for the swales to work properly, they need a
minimum of 1.75 feet of area at the bottom of the Swale. Provided that the function of
the Swale is not impacted (the 1.75 feet clear area at the base of the Swale is kept free),
landscaping, including both plantings and rockeries, are acceptable within the right -of-
way and Swale area.
Based on the above, the fence and any semi - permanent feature such as poured
footings must be located on your own property, not on City owned property. The fence
and footing can be located within the easement, with the understanding that the utility
providers have the right to access this area when needed. Landscaping features,
including landscaping block but not poured footings, may be located within the right -of-
way and drainage Swale provided the 1.75 foot area at the base of the Swale is
maintained in an unobstructed condition.
The City is working with your Homeowner's Association to coordinate the ongoing
maintenance and operation of the stormwater system for the subdivision. Part of this
will be looking at all the landscaping within the Swale throughout the development to
ensure that it does not impact the function of the system. Regardless, your
(360) 45 &3835
(360) 45 &3144 FAX
mww.ciyelm.mn.ue
encroachment has to be removed from the swale at this time. If you would like to keep
a portion of the decorative wall in the right -of -way, you should submit a plan showing
how it would be constructed and it's location within the right -of -way to the Community
Development Department for review. If the proposed landscaping does not impact the
functioning of the swale, it will be allowed.
If you have any questions regarding the above information, please don't hesitate to
contact myself or other staff within the Community Development Department.
Sincerely,
Grant Beck, Director
Department of Community Development
June 23, 2005 Page 2 of 2
City of Yelm
Community Development Department
105 Yelm Avenue West
P.O. Box 479
Yelm, WA 98597
February 14, 2005
Joe and Cece Zenker
9843 Ramsey Court
Yelm WA 98597
Dear Joe and Cece,
This letter is a follow -up to the letter dated February 10, 2005. In the letter you talked
about moving the retaining wall from where it sits to approximately 1 ft. of center of the
swale, and following the radius of the road. This sounds good to me. I would like to see
the work completed on or before the 1s' of June 2005.
If you have any questions regarding this please don't hesitate to contact me at the office
or phone 360 - 458 -8475.
Sincerely,
Larry Hanson
Code Enforcement Officer
(300) 458-8885
(300) 458-3144 FAR
www.ctyeim.wa.ue
Memo
To: Grant Back
From Larry Hanson
CC:
Date: October 14, 2004
Re: Citizen Action Request — Joe & Caw Zenker
This is regarding the matter brought to my attention by the homeowners association, Betsy Best. It
involves a property owner building a retaining wall fence or structure in the city right of way.
Want to site with Jim Gibson and it was determined that they were building a retaining wall with a fence
in the right of way. I placed a slop work order on the project. I made an attempt to contact the owners
who were not at home. I attempted by phone and left a message. They called me back and I
explained that they needed to stop work until the investigation was over. The first part of the following
week I received the Citizen Action Request from you. I reviewed the properties that were identified in
the letter on Prairie Creek Loop and the two properties being 9830 and 9836 on Ramsey Dr. She was
talking about 2 storage sheds that were placed loo close to the property line. I visited with both the
owners of these properties; I met with Tim Peterson and Gary Carson regarding the building
encroachment on the easement Tim agreed that the WaltHence should not be there as they are
permanent structures and that I should recommend that the wall/fence be removed onto their own
property and out of the easement.
On 10113 1 had a phone conversation with Betsy Bissit who is the Homeowners President. I explained
the situation to her and that the retaining wall fence was on the City's property and my
recommendation was that the Zenker's remove the structure.
At this time I would recommend that the fence structure be removed and the right of way be restored to
its previous condition (re-contoured and re- seeding of grass). I also recommend that the 2 storage
structures be moved 5'off the property line Please let me know If you have any question or would like to
visit more on this topic.
SITUATION DESCRIPTION
Due to the concern of the Prairie Creek HOA President Betsy Bissit
regarding our retaining /fence wall that we are presently building she placed
a call to The City of Yelm on 10 -04 -04 which brought a City of Yelm
inspector to our property and a'Stop Work Order' was placed on our
retaining /fence wall. We now must move our retaining /fence wall back five
(5) feet to comply with the city easement /right of way, of 10 (ten) feet
from the boundary line. We pulled our measurements from other
retaining /fence wall's in our neighborhood so the fo/ %wingproperfiesa /so
must comply please inspect the following properties 16148, 16132 16129
16128, 16130 Prairie Creek Lp. And 9820-9818. Ramsay Drive.
I also would like the following properties inspected due to the distance their
out building from the fence 9830. 9838. The property at 9838 built a room
inside of their garage and I never did see a permit posted on the premises
PROPERTY CENTER PROPERTY
LINE LINE LINE PROPERTY EDGE OF CENTER OF
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City of Yelm
Community Development
Department
CITIZEN ACTION REQUEST
NAME: _'O[' E c Lc Ze nr P.r' -
PHONE: q58 5 cJ7 -- LICO - 2-17. 1
Home Business
EMAIL:
ADDRESS: q
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MAILING ADDRESS (if different than above:
DATE: TIME: - M
SITUATION DESCRIPTION:
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106 Yet. Aw.ue West (360) 6S6d336
PO ass 673 (360) 4S &3116 PA[
Yeti WA 36537 mmu•.etyelm.ma.us
For City ofYelm Official Use Onlr
Routed to: 1 � , Il - ( i ! On:
Response /Information Given:
Suggested Action to be Taken:
Complaint and suggested action to D / . Head
Action assigned lo: (7') alit
Action to be initiated by /
Action taken if other than above:
L d /Completed on:
105 Yelm Avenue West (360) 498 -J335
P() ao 419 (960) 458 -3144 FAX
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RE: Meyer v. Zenker
Thurston County Superior Court Cause No. 05 2 01592 -3
Dear Mr. Davis:
Enclosed please find the City's response to your Subpoena along with the Declaration of Grant Beck,
Director of Community Development for the City and custodian of the records requested in your
subpoena.
I presume you will strike the records deposition at your office and would like your confirmation of
that as soon as possible.
Should you have any questions or concerns with regard to the above or the enclosed, please do not
hesitate to contact me. I remain ...
Very truly yours,
OWENS DAVIES, P.S.
l) . '/
Brent F. Dille
BFD /ja
Enclosures
�nsr.w2aso>.mw
OwENS DAMES, P.S.
COPYFol ", ^F R
INFORMATION
Attorneys at Law
Frank J. Owens
Street Address:
Richard G. Phillips, Jr.
1115 West Bay Dr., Suite 302
Michael W. Mayberry
Olympia, Washington 98502
Kirk M. Veis
Matthew B. Fdwards
Mailing Address:
Brent F. Dille
P. O. Box 187
Daniel W. Crowe
Olympia, Washington 98507
Arthur L. Davies (Relived)
February 8, 2007
Phone (360) 943 4320
Burton R. Johnson (1970)
Facsimile (360) 943-6150
Mr. Michael J. Davis
Davis Law LLC
524 Tacoma Avenue South
Tacoma, WA 98402
RE: Meyer v. Zenker
Thurston County Superior Court Cause No. 05 2 01592 -3
Dear Mr. Davis:
Enclosed please find the City's response to your Subpoena along with the Declaration of Grant Beck,
Director of Community Development for the City and custodian of the records requested in your
subpoena.
I presume you will strike the records deposition at your office and would like your confirmation of
that as soon as possible.
Should you have any questions or concerns with regard to the above or the enclosed, please do not
hesitate to contact me. I remain ...
Very truly yours,
OWENS DAVIES, P.S.
l) . '/
Brent F. Dille
BFD /ja
Enclosures
�nsr.w2aso>.mw
February 10, 2005 lee
Larry Hanson /117OS
Code Enforcement Officer
City of Yehn
Dear Larry,
Per our conversation while you were at our residence on February 5, 2005 you relayed to
us that our option in keeping the retaining wall where it sits, is to follow the radius of the
road keeping the retaining wall at the distance of approximately 1 foot center of swale.
Regarding the time frame to complete this project we would like for you to grant us an
extension to have this project completed by early summer 2005. At this time we are
dealing with short winter days and weather.
Please respond regarding the before mentioned as we look forward to ending/resolving
this matter.
Joe & Cece Zenker
January 3, 2005 Receivea
Larry Hanson JAN 0 3 2005
Code Enforcement Officer
City of Yehn
Dear Larry,
A semi - permanent retaining wall built at 9834 Ramsay Drive was made with concrete
blocks. My starter course was a poured concrete Landscape Curbing to keep the
retaining wall level. The block is three (3) courses high at 12' high and one (1) course of
concrete Landscape Curbing at 4° thick poured at ground level.
The Retaining wall will be made of concrete stones. It will be a semi permanent
Retaining wall approximately 12" above the ground.
There was never a proper Swale in front of my house. All the improvements I have made
will enhance the swale to fraction more properly.
In my professional opinion the Landscape Border Curbing serves three (3) purposes.
1. It gives the swale a stopping point.
2. It holds the Gravel at a level point.
2. It keeps the landscaping block level.
In the letter that I was sent by your office said that I can keep a portion of the concrete
block retaining wall if I submitted a plan that it will not adversely affect the swale. There
is nowhere in the letter that states that I have to remove the concrete block then remove
the Concrete Border Curbing and replace the concrete block back to where it sits. Since
the City does not maintain the swale in any way and we do all the maintenance to the
Swale in question that I am only enhancing the structure of the Swale and simplifying the
up keep for me as a homeowner low maintenance.
The swale in question was never a functioning Swale. Up until the time that we made the
improvement is the only time that it ever functioned as a Swale, as the integrity of the
swale only consisted of a poorly dug ditch. If we are forced to tear down the small
retaining wall it will surely hamper the functionality of drainage. Then it will be up to
the City of Yelm to rectify the problem.
Lastly, I was told by Larry Hanson whatever plan I submit that I will still have to move
the wall. I believe that this is border line harassment.
I believe that we can come to an agreement to where if there is ever a legitimate reason
for the City of Yelm for uprooting the wall than I will take full responsibility for the
Concrete Landscape Curbing as all he is requesting me to do is tear up the Landscape
Curbing and then put the block back where it sits.
Each
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Records Request
City of Yelm
Community Development Department
Request for Public Records
I am requesting the records described below (requests must be for specific, identifiable
records):
rd
Section 42.17.260 (5) Revised Code of Washington prohibits the use of lists of
individuals for commercial purposes. If I or someone else use these records for
commercial purposes, 1 may violate the rights of the individuals named and I may be
liable for damages. "Commercial purposes" means that the person requesting the
record intends that the list will be used to communicate with the individuals named in
the record for the purpose of facilitating profit- expecting activity.
I certify that the lists of individuals obtained through this request for public records will
not be used for commercial purposes.
Dated this lVl" day of�un2, 2005
IV \di�i�A VV�FVt12 Nvv 4k �-�o - O-3,03
Name
\.Q«,t ASS- aaal
Address
�eceive
City, State, Zip ��q7 ��N 16 20 5
06/21/2005 11:09 360 -459 -4340
RMIVED
m 111
CITY OF YELM hr
REQUEST FOR ACCESS TO PUBLIC RECORDS
The following information is to be Ailed out by the person requesting records:
Date of Request: L/" 7-1 "Us
Name of Person Making Request: 0 6�' e - �e nL / Y
Address: C7 b34 4"ZcmSe� ��Q<<r 114C.
City: � /� State: WA Zip: Phone: -Ak y5 �- S5 l �-
fjtha is an emergency regaen, hu icoke Ae date destreed and please describe the naive ofdw
emergency:
1�P e d W 6v,t o .( +kt. 241h dui L6 t q.4, l "j_gAn
CORDS REQUESTED: (Please state the title and date of the record(s) being
requested):
fc tic R_ 1 Swat -
Please describe any additional information that will help us locate the records as quickly as
possible:
I��T�rx�y�1c,l✓1�� Gc,c,�r��s� �oet✓CeC�
CL-h v4- ,turn.
Requestor's Signature: Dare: VD 05
ds- ward /fmms/publivecordvequmdorm.dw
CITY OF YELM
BUILDING DEPT.
Phone: (360) 458 -8407
Fax: (360) 458 -3144
PAID
MAY I y 2003
CITY OF YELM
.17,�2i� /
A7A6 -/
Building Permit No 6981
Date lT C7
(Work (Ust be sta ed wlmin I W days)
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Heat: EMctrlc Gas Omer
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(4.50 -New Caret. Only)
Pan check er /
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Front In of Road
Side Sde Rear
Applconh AflldaW:
I eeMN MOt I Mee read and examined the InformaROn Contained wIMIn Me applleoXon and know Me some to be true
and COnleOt, I aim comfy at me Proposed mao ay Is k conformlty wt, all appllcaby City of Yelm re,umnons Including
mole goy mini tuning a" and subdivboa ana In addlXoR all covenants, easemenh and antictlons of neCOM, R
applylrp W a cgq*d,,tm I NM canine Man I am a canim reQbtyed conftWor In Me SYae of Washington .
waed By
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Owner L &IFoan
Assessor Foar Pion and Permlr
OJpRerly Rep."
CITY OF YELM ANN p y ynm
RESIDENTIAL BUILDING PERMIT APPLICATION FORM
Project Address: {{ FI 7�i iqG ) a (fir S4 Parcel #:
Subdivision: PI.,11 CC rcr k_ Lot #: 1- Zoning;
E3'New Construction 0 Re -Model / Re -Roof / Addition D Home Occupation Sign
D Plumbing D Mechanical 0 Mobile/ Manufactured Home Placement 0 Other
Project Description /Scope of Work:
Project Value: 1,500
Building Area (sq. ft) 1° Floor 2 "d Floor_ Garage Deck
Basement Carport Patio /
# Bedrooms_ # Bathrooms_ Heating: GAS /OTHER or ELECTRIC (Circle One)
Are there any environmentally sensitive areas located on the parcel? 110 If yes, a
completed environmental checklist must accompany permit application
GENERAL CONTRACTOR 0 W d1C TELEPHONE
ADDRESS
CITY STATE ZIP FAX
CONTRACTOR'S LICENSE # EXP DATE CITY LICENSE #
PLUMBING CONTRACTOR TELEPHONE
ADDRESS
CITY STATE ZIP FAX
CONTRACTOR'S LICENSE # EXP DATE CITY LICENSE #
MECHANICAL CONTRACTOR TELEPHONE
ADDRESS
CITY STATE ZIP FAX
CONTRACTOR'S LICENSE # EXP DATE CITY LICENSE #
Copy of mitigation agreement with Yelm Community Schools, if applicable.
I hereby certify that the above Information Is correct and that the construction on, and the occupancy and the use
of the above described property will be in accordance with the laws, rules and regulations of the State of
Washington and the City of Yelm.
4 - 5 Z -v3
Applicant's Signat Date
Owner / Contractor / Owner's Agent / Contractor's Agent (Please circle one.)
All permits are non - transferable and will expire if work authorized by such permit is not
begun within 180 days of issuance, or If work is suspended or abandoned for a period of
180 days
CX.nmmunily ncvcla pmcneonrn,kW.6ms\lluilding Pcrmiu`.Ncs6lJgl'crmio \PM1Jac Pagc'_nf!
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To: Grant Beck
Subject: Joe & CeCe Zenker
9843 Ramsey Court
What initiated this action is a Citizen's Action Request dated October 6, 2004. This request was initiated by Joe &
CeCe Zenker and was due to the concern of the Prairie Creek Homowner's association - Betsy Bissit regarding a
retaining wall fence. On 10/4104 we placed a stop work order on the retaining wall fence. I met with them to
discuss their semi permanent retaining wall and how it was impacting the swale. On 10/15/04 Grant sent a letter
to the Zenkers explaining what they needed to do with the retaining wall and keeping it out of the drainage swale.
On 12/28/04 1 did a follow up letter asking that they remove their encroachment from the drainage swale. After
that I met with Joe Zenker and referenced Grant's letter. On 1/3105 they submitted a letter with a drawing with
their proposal. I met with them again to reference the letter Grant wrote that explained what needed to be
done. This was on 215105. On 2110105 1 received another letter from the Zenkers asking if they could have the
project completed by early Summer 2005. 1 wrote them back requesting that the work be completed on or before
June 1, 2005.
As of today, they are still not in compliance with keeping 1.75 clear of the swale. I spoke with Joe Zenker last
week and he committed to looking at the letter that outlined the 1.75 feet guidelines and to date he has not gotten
back to me.
If there is anything you need from me, please advise
- Larry Hanson