20231023 Ltr (Variance Req) 2210663.10
Civil Engineers
Structural Engineers
Landscape Architects
Community Planners
Land Surveyors
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TAC O MA
2215 North 30th Street
Suite 300
Tacoma, WA 98403-3350
253.383.2422 TEL
www.ahbl.com
October 23, 2023
Mr. Gary Cooper
Planning and Building Manager
City of Yelm
106 2nd Street SE
Yelm, WA 98597
Project: The Vista at Mill Pond, AHBL No. 2210663.10
Subject: Variance Request to Reduce Rear Yard Setbacks
Dear Gary:
On behalf of Rush Residential, we are requesting a setback variance for Lots 26 through 29 at
The Vista at Mill Pond. The current setback standards specific to the R-4 zoning district require
a 25-foot rear yard setback. We are requesting a variance from the current setbacks to allow a
reduced rear yard setback of 20 feet to the building. The overall plat map and conceptual site
plans showing the reduced setbacks for Lots 26 through 29 are attached for your review.
Variance Criteria
The following questions address the points that must be considered when granting a variance
request. (Section 18.13.060.C, Yelm Municipal Code)
1. Literal interpretation and application of provisions of this code would deprive the
applicant of the rights commonly enjoyed by other properties in the same district.
The variance is needed to accommodate the proposed residences. The lots in
question abut an open space/park that has significantly more area than what was
code required during the platting process. At time of vesting, code required that
5% of the site (14,788 square feet) be set aside as open space/park. The final
design of the open space/park is 11.45% of the site (33,865 square feet). If the size
of the proposed residences had been known during the original plat process,
these lots could have been made deeper to accommodate the proposed
residences with the standard rear yard setback. However, at this time, the final
plat has been recorded, which necessitates the variance.
2. A variance is necessary for the preservation and enjoyment of a property right
possessed by other property in the same vicinity or district, but which is denied to the
property in question because of special circumstances on that property.
The variance request to reduce the rear yard setbacks is necessary for the
preservation and enjoyment of the property rights to provide for a building
envelope to accommodate the proposed residences and ADUs. The proposed
residences mirror the residences proposed on Lots 1 through 4. Lots 1 through 4
are 130 feet in depth, which is 5 feet deeper than Lots 26 through 29; therefore, the
proposed residences and ADUs will not fit within the building envelope. Because
of the reduced depth of the lots, a variance to the rear yard setbacks is necessary
to be in harmony with the proposed development patterns in the neighborhood,
including placement of the houses on the lots. As noted previously, the rear yards
of the lots in question abut an open space/park and the requested variance to
reduce the rear yard setback would have no impact to adjacent properties.
Mr. Gary Cooper
October 23, 2023
2210663.10
Page 2 of 2
3. That the hardship described under this subsection is specifically related to the property
and is the result of unique conditions such as irregular lot shape, size, or natural
features, and the application of this code, and not, for example, from deed restrictions or
the applicant’s own actions.
The requested variance will allow the lots to be constructed with residences that
are consistent and harmonious with the adjacent lots. The preliminary plat was
prepared by others prior to Rush Residential’s ownership and included the open
space/park configuration that was larger than necessary. Therefore, the hardship
is not the result of the applicant’s action, but rather the size of the open space/
park.
4. The granting of the variance will not be materially detrimental to the public welfare or
injurious to the right of other property in the vicinity.
The granting of this variance will not be materially detrimental to the public
welfare or injurious to the rights of other properties. The lots are adjacent to the
development’s open space/park area, so a reduction of the rear yard setback will
not impact other properties or cause adverse impacts to neighbors. Reducing the
rear yard setbacks will not affect any views in the vicinity or cause any adverse
environmental impacts.
5. The variance will not permit a use prohibited by the Unified Development Code, in the
district in which the subject property is located.
The variance will not create a use prohibited by the Unified Development Code or
adversely affect the City of Yelm’s Comprehensive Plan.
If you have any questions, please call me at (253) 383-2422.
Sincerely,
J. Matthew Weber, PE
Principal
SG/lsk
Enclosures
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