Enforcement LetterCity of Yelm
Community Development
105 Yelm Avenue West
Yelm, WA 98597
January 22, 2010
Kathleen S. Herdlein
Senior Relationship Manager
Washington First International Bank
9709 Third Avenue NE
Seattle, WA 98115
Steven L. Chamberlain
FH1, LLC
4200 6t" Ave. SE, Suite 301
Lacey, WA 98503
NOTICE IS HEREBY GIVEN pursuant to Section 1.16.040 YMC that the subdivision of
Palisades West as recorded under Auditors File Number 3988607 is in violation of the
Yelm Subdivision Code, Title 16 YMC.
ALLEGATIONS OF FACT
Washington First National Bank owns or controls real property within the City of
Yelm, identified as the subdivision of Palisades West as recorded in ~;XX.
2. In January of 2006, FH1, LLC, the principle of which being Steve Chamberlain
and the applicant's agent being Dan Lee, submitted an application for preliminary
subdivision approval fora 24 lot subdivision then known as Forrester Heights and
subsequently recorded as Palisades West.
3. The City of Yelm Hearing Examiner, in a decision to approve the preliminary
subdivision on September 27, 2006, found that:
"The City of Yelm will provide both domestic water and fire flow subject to the
applicant paying the connection fee. Furthermore, due to the height of the
parcel, the applicant must install a booster pump to provide both fire flow and
domestic water pressure. "
Based on this finding, the Examiner attached the following condition:
"Civil engineering plans shall include an analysis of water system pressures and
propose appropriate mitigation for probable low pressure flows at the project site,
such as a booster pump. "
4. Chamberlain and Lee requested during the civil plan review process that the
water system be installed prior to designing a booster pump station in the hopes
that pressures would meet fire flow without the booster pump. This approach
was approved by the City Development Review Engineer
(360) 458-3835
(360) 458-3144 FAX
www.ci.yelm.wa.us
5. At the request of Steve Chamberlain, who wanted to convert construction
financing to long term financing, the City Council approved the final subdivision
with the following conditions:
"No building permit shall be issued within this subdivision until a booster pump is
installed by the developer and approved by the City of Yelm which provides
adequate fire flow per the International Fire Code and City of Yelm standards,
provided that a building permit maybe issued for a model home if a fire
protection plan is approved by the City of Yelm Fire Marshal and SE Thurston
Fire/EMS. "
"No certificate of occupancy for any habitable structure shall be issued until a
sewer roll seal is installed by the developer and approved by the City of Yelm."
6. As of the date of this notice, the required booster pump station and pressure
sustaining valve have not been installed.
7. On January 19, 2010, Washington First International Bank indicated to the City it
had foreclosed on the property.
ALLEGATIONS OF LAW
A. The above described real property is within the City of Yelm.
B. The above described development is in violation of the Yelm Subdivision Code
and the conditions of final subdivision of Palisades West.
IT IS ORDERED THAT Washington First National Bank or any other person acting as
her employee or agent shall install the improvements required by the final subdivision of
Palisades West no later than ~;XX;
AND IT IS FURTHER ORDERED THAT Washington First National Bank provide no
later than XXXX a financial guarantee that the required improvements will be installed.
Failure to comply with the terms of this notice of violation may result in further actions by
the City of Yelm
Signed in Yelm, Washington this day of , 2010.
Brent Dille, City Attorney
City of Yelm
March 9, 2010 Page 2 of 2