06 - Decision on ReconsiderationOFFICE OF THE HEARING EXAMINER
CITY OF YELM
DECISION ON RECONSIDERATION
CASE NO.: SPR-05-0091-YL - WAL-MART SUPERCENTER
APPLICANT: PACLAND, Inc.
606 Columbia Street NW, Suite 106
Olympia, WA 98501
PROPERTY OWNER: Wal-Mart Stores, Inc.
2001 SE 10t" Street
Bentonville, AR 72712-6489
APPLICANT'S
ATTORNEY: John C. McCullough
McCullough Hill Fisko Fretscmer Smith Dixon
2025 First Avenue, Ste. 1130
Seattle, WA 98121-2100
APPELLANT: Yelm Commerce Group
P.O. Box 1616
Yelm, WA 98597
APPELLANT'S
ATTORNEY: David A. Bricklin
Bricklin Newman Dold
1001 Fifth Avenue, Ste. 3303
Seattle, WA 98154
By Report and Decision dated November 1, 2005, the Examiner denied the environmental
appeal of the Yelm Commerce Group challenging the City of Yelm's responsible official's
decision to issue a Mitigated Determination of Nonsignificancefnllowing review pursuant to
the State Environmental Policy Act (SEPA). In the same decision the Examiner
conditionally approved the applicant's proposed site plan which allowed construction of a
Wal-Mart Supercenter north of SR-507 and east of Grove Road.
On November 14, 2005, reconsideration requests were timely filed by Valentin Fyrst, Bill
Nicholls, Edward A. Wiltsie, and James Zukowski. Section 2.26.150(E) of the Yelm
Municipal Code (YMC) provides that following receipt of a reconsideration request(s):
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The Hearing Examiner may, after review of the record, take further action
as the Hearing Examiner deems proper...
The reconsideration request filed by Zukowski, Wiltsie, and Fyrst essentially reargue the
traffic issues decided in the original decision. The Nicholls reconsideration request also
addresses traffic, but also raises air quality, odor, and air pollution issues which are beyond
the scope of the environmental appeal and therefore cannot be considered.
The issues raised by the reconsideration request have either been previously considered in
the original decision or are beyond the scope of the environmental appeal.
DECISION:
The requests for reconsideration are hereby denied.
ORDERED this 18t" day of November, 2005.
STEPHEN K. CAUSSEAUX, JR.
Hearing Examiner
TRANSMITTED this 18t" day of November, 2005, to the following:
APPLICANT: PACLAND, Inc.
606 Columbia Street NW, Suite 106
Olympia, WA 98501
PROPERTY OWNER: Wal-Mart Stores, Inc.
2001 SE 10t" Street
Bentonville, AR 72712-6489
APPLICANT'S
ATTORNEY: John C. McCullough/Courtney Flora
McCullough Hill Fisko Fretscmer Smith Dixon
2025 First Avenue, Ste. 1130
Seattle, WA 98121-2100
APPELLANT: Yelm Commerce Group
P.O. Box 1616
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Yelm, WA 98597
APPELLANT'S
ATTORNEY: David A. Bricklin
Bricklin Newman Dold
1001 Fifth Avenue, Ste. 3303
Seattle, WA 98154
City of Yelm
Grant Beck/Tami Merriman
105 Yelm Avenue West
P.O. Box 479
Yelm, Washington 98597
OTHERS:
See Attached Mailing List
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APPEAL OF EXAMINER'S DECISION:
The final decision by the Examiner may be appealed to the city council, by any
aggrieved person or agency of record, oral or written that disagrees with the decision of the
hearing examiner, except threshold determinations (YMC 15.49.160) in accordance with
Section 2.26.150 of the Yelm Municipal Code (YMC).
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