Letter regarding appealCity 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.
understand that Tami Merriman, the City's Assistant Planner, directed your attention to
the requirements for filing an appeal on the 4t" 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.
(360) 458-3835
(360) 458-3144 FAX
www.ci.yelm.wa.us
Sincerely,
Grant Beck, Director
Department of Community Development
January 9, 2006 Page 2 of 2