2020.0028 PDF Yelm Mtn Meadows Appeal LetterAttention: Yelm City Hearing Examiner January 30, 2021
This is a request for appeal of a specific condition and related Findings of Fact to that condition
issued for Mountain Meadows subdivision approval case #2020.0341.PROO11.
Pursuant to chapter 18.10 YMC and with the inclusion of the $1250 appeal fee, I am requesting
the City of Yelm Hearing Examiner to remove a portion of Condition #1 and the related
"Findings of Fact" in the above noted Mountain Meadows subdivision approval.
Factual objections to Condition # 1 include an objection to the provision requiring the applicant
to "update the preliminary subdivision map to reflect Parcel A as part of the development to
include utilities and frontage improvements". This parcel is further described as Tax Parcel
#21713310401 and is a Duplex located at 8812 Burnett Rd, Yelm, WA).
Parcel A is not legally part of this development as it was formally separated in 2017 via a City of
Yelm approved and County recorded Boundary Line Adjustment (BLA-16-0355-YL). Parcel A
was subsequently sold in 2018. The applicant has no current legal control of Parcel A to
construct utilities and frontage improvements per Condition 1 of this Approval. Additionally,
that condition was not included by the city as part of the BLA.
While the BLA recorded conditions required by City of Yelm required this applicant to
construct water and sewer hookups for and decommission the well/septic systems of the duplex
located on Parcel A at the time of development, mandated utility and frdntage improvements
were not required over parcel A as a condition of the BLA approval.
This current subdivision Approval Condition # 1 was not requested by the city at the time of
BLA application/approval nor was it noted eiiher in the Yelm City recorded BLA documents or
the subsequent county recorded Duplex (Parcel A) sales documents and deed.
This applicant or subsequent developer cannot be required to construct utilities and
improvements over another's property (Parcel A) or dedicate the required right-of-way for these
improvements as they have no legal right to do so as they have no legal right to do !jo.
Therefore, the applicant requests this portion of Condition #1 ("update the preliminary
subdivision map to reflect Parcel A as part of the development to include utilities and
frontage improvements') be removed from this subdivision approval and acknowledged by the
City of Yelm that the Applicant/Developer shall not be required to include utilities and
frontage improvements over Parcel A.
That portion of condition #1 that requires the duplex driveway to be relocated was recorded and
was part of the BLA and is expected to stay as condition # 1.
The applicant also requests that all associated references in the "Findings of Fact" section to the
above noted objection be deleted.
Thank you for your timely attention to this matter. The owner/applicant has read this statement and
believes it to be true and correct.
Respectively Submitted,
Henrietta Morey PO Box 202 Kapowsin, WA 98580 253-377-8400