Loading...
Appeal procedures letter City of Yelm Community Development Department 105 Yelm Avenue West P.O. Box 479 Yelm, WA 98597   November 1, 2005 David A. Bricklin Bricklin Newman Dold 1001 Fourth Avenue, Suite 3303 Seattle, WA 98154 John C. McCullough McCullough Hill 701 Fifth Avenue, Suite 7220 Seattle, WA 98104 Dear Sirs: As you are aware, on November 1, 2005, the Hearing Examiner issued a decision in the matter of Wal-Mart’s application to construct a supercenter in Yelm and the Yelm Commerce Group’s appeal of the City’s issuance of a Mitigated Determination of Non-significance. The Examiner denied the SEPA appeal and issued a site plan review approval for the construction of the Wal-Mart. I would like to take this opportunity to review the appeal procedures as found in Chapter 2.26 YMC and memorialize the required filings and due dates. Section 2.26.150 YMC states that the appellant must file a complete written notice of appeal with the Community Development Department within 14 days of the date of the decision. This written appeal may include a memorandum in support of the appeal, but at a minimum must include: alleged specific errors of fact alleged specific procedural errors alleged omissions from the record alleged errors of interpretation of the Comprehensive Plan other issues which the City Council is asked to consider on appeal reference to section, paragraph, and page the provisions of law which are alleged to have been violated The notice of appeal and any supporting memorandum must be filed with the Community Development Department, along with the $150.00 appeal fee, no later than November 15, 2005. Any party of record may respond to the appeal by filing written memoranda within 14 days from the notice of the appeal. Response’s must be filed with the Community Development Department no later than November 29, 2005. If a response memorandum is filed, the Yelm Commerce Group may file a reply within 7 days. The City Clerk has scheduled a closed record appeal meeting of the City Council for the Council’s regular meeting of December 14, 2005, starting at 7:30 P.M. in the City Council Chambers at City Hall, 105 Yelm Avenue West, Yelm, WA 98597. As the appeal to the City Council is a closed record hearing, argument will be limited to the Yelm Commerce Group, Wal-Mart, and the City. Each party will be allocated 10 minutes to present oral argument, starting with the Yelm Commerce Group. Please note that all filings should be made directly to the Community Development Department via email (grantb@ci.yelm.wa.us) in Adobe Acrobat portable document format (*.pdf). Please include copies of any exhibits referenced or relied upon in your memoranda. All exhibits are available for your use already converted to *.pdf format from the City of Yelm website at www.ci.yelm.wa.us. The entire record before the Hearing Examiner has already been made available to the City Council, including audio recordings of the hearing before the Examiner, and all exhibits before the Examiner. If you have any questions about this schedule or the appeal process, please don’t hesitate to contact me at the Community Development Department. Sincerely, Grant Beck, Director Community Development Department c. Yelm Commerce Group PACLAND, Inc.