Letter regarding appeal
City of Yelm
Community Development Department
105 Yelm Avenue West
P.O. Box 479
Yelm, WA 98597
January 9, 2006
Erling Birkland
3B&C LLC
P.O. Box 875
Yelm, WA 98597
Dear Rocky:
The Community Development Department has reviewed the ‘appeal’ you filed on January 4, 2006, regarding the Hearing Examiner’s decision upholding the City’s issuance of a Mitigated Determination
of Non-significance, and the conditions thereof, for your proposed West Road Business park.
I understand that Tami Merriman, the City’s Assistant Planner, directed your attention to the requirements for filing an appeal on the 4th of January. Specifically, 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 purpose for this requirement is that the Council takes it’s action at a closed record hearing at which time no new argument or evidence may be presented.
As your appeal did not contain any of the required elements, it is legally insufficient and should be summarily dismissed. However, the Community Development Department would not object
if you chose to supplement the appeal with all required elements no later than January 18, 2005.
Sincerely,
Grant Beck, Director
Department of Community Development