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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 251 25' LINE PLANTM STRIP PLANTING STRIP r- }y 41 •B' PERFORATE➢ I v inrd PVC PIPE 08' PERFORATED O O FILTER FABRIC FENCING(TPJ O PVC FPIPE O ILTE R FABRIC FENING(TYPJ O O P3 /B• - BS• SCREENED ROCK GALLERY 325• O O GALLERY 117 I3 /B' - 2.5' SCREENED ROCK GALLERY O O O O O O O CROSS- SECTION D -D CROSS - SECTION E -E 1,- v li ` 8' CIA. CLUMP OF OAK OAK }' DIA. t �MPF v v_ � v v 5' CIA. CLUMP OF OAK l/ 1 PROPERTY CENTER PROPERTY LINE LINE LINE PROPERTY EDGE OF CENTER OF 251 25' LINE PLANTM STRIP PLANTING STRIP r- }y 41 •B' PERFORATE➢ I v inrd PVC PIPE 08' PERFORATED O O FILTER FABRIC FENCING(TPJ O PVC FPIPE O ILTE R FABRIC FENING(TYPJ O O P3 /B• - BS• SCREENED ROCK GALLERY 325• O O GALLERY 117 I3 /B' - 2.5' SCREENED ROCK GALLERY O O O O O O O CROSS- SECTION D -D CROSS - SECTION E -E 1,- 0"100 m, 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 P> �iAJV1 C (AA 11 "�- MAILING ADDRESS (if different than above: DATE: TIME: - M SITUATION DESCRIPTION: "ICI e Acct 5 C f 61-H LEA',' r I 'Pl4Ct5e Clo ✓lc.l d(scIOSe IMV� Plarof CgLev1 (72 106 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 Yelm, WA 98597 w �.ol.Yelm.wu.w 'a. A�F 60.00 60.00 34 35 I °- � �o �\ SCALE: I"=50' �\ 0 25 50 700 \ gti RAIL WA y ROA, N 432437" E 236.00 EXCEPTION N 45'34'37" E 223.76 36 n 37 1a T '. 25 +30'66 N 43'14'37" E g 165.00 w' 38 24 +80.66 asps m P? N 43'2437" E 66.73 0 H Y N 4724 37" E u , 85.00 u u 3 5 h 9J� 4 a g, o w o o mac' w.' n 50.00 N 43'24'37" E PRAI CREN -. 100P2 200.00 25:1 He r 0 h O -A. ICI to Q Or LJ J 9 —100 +00.00= 0 +80.00 6.0' LEFT N V '. y g O 0 2 2 m V O o. - O ICI to Q Or LJ J 9 —100 +00.00= 0 +80.00 6.0' LEFT 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 L -"VMS, Wd 01 -iarr" n i -7rAr N vo2J - anger ^� Ad.�scnu� � 1nb�NOZ -Poo, g a1- ,v-2floJ ,, A J, M 075 T _ Ga-.N Z'7 e?(g 3a1s OC+V1s X09 9itlW �' .�P �lY� �L "O)' 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) N Name Prrorta( ) yY_•�.�''�e� R C' r.— State 'A zp coos, - S"ACOess M_r A n 0 AYWOM1 Porch NO. / 1 11 t ) O A n. /otrm) A SubdWblon} /� ( (JAF.�— Lot bock I y OR Shon Flat No. bock Exetkvg Stiucturn n any: Natty Contact Phone( ) p Atloyn CMy State Do Code }Tj ocean No Em. rovn &e. tic. No Descrpllon of Vlok 3r I 4L Sk'•Lx aFx:U La ONLY Permit type: ResM]welal > Sign Sq. Ft. Pen Roar :(19) (2noD Garage — Commerciol_ Omer_ Ehorellne Permit Y N SeW Exempt Y N Floor Plan Y N Seh orPmn . Piombvq Pennit M.normd Permit E N Srswrx SePRC Approvd No. City Voter Pnvay Well PrNate System Heat: EMctrlc Gas Omer am EASE FOR FEE FEE beubg wky C 0, ev WK A. SC. Fee (4.50 -New Caret. Only) Pan check er / roru rEE `� /�. J/' 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 FMl lrup:_J I 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! �i i� 1 1 i•h�,'I/ o J T I e — \ -- --9cndyv ;n0 LI N ,J I � e ` L s a. g *6•R)FAj 273.76 1p C51 \\� C34 m�, \'To \a 332 W 104 �m C52 25 11 25 44 I 7.79 120. � 28390' W m 0 N °old m 45 C53 �+ W 5 28 39 32 h ) 104.32 k � 46 90054 / 5� yyi ro C38 36 Hi 90 y 2 N 432437" E A C36 C37 0.4 ®' 3'24'37" E 166.7J 1 175.88 N 37 N 954 N 432437 A C36 C37 0.4 ®' 3'24'37" E 166.7J 1 75.00 6 /g2H C45 20.97 0 ` 3s.00 0 S A N G m U u Fl- 0 O r n O i D 0 U b 9g N 4324 '3 7" E u rN n 85.00 m J H 3 IC41 u m 4 0$ 0 m a c s 12 2 .{2 6 C, /6240 C4.3 50.00 L42 00 TRACT C- �• o \ 200.00 75.00 6 /g2H C45 20.97 0 ` 3s.00 0 S A N G m U u Fl- 0 O r n O i D 0 Sandi 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