14812 Berry Valley Road SE - AguilarCity of Yelm
4 M
Community Development
105 Yelm Avenue West
Yelm, WA 98597
YELM
WASHINGTON
Joe Aguilar
14812 Berry Valley Road SE
Yelm, WA 98597
This is regarding a violation of Yelm's Zoning and Building Codes. Based on the
following findings of fact, this letter serves as a NOTICE OF VIOLATION pursuant to Section
1.16.040 Yelm Municipal Code.
FINDINGS OF FACT:
On or around November 30th, 2011, Joe Aguilar spoke with Tami Merriman, Associate
Planner for the City of Yelm, at the Community Development Department counter about
the potential to reestablish a secondary dwelling unit property located at 14812 Berry
Valley Road. It was noted during this conversation that one possibility would be to
move a commercial modular building located at the northeast corner of Berry Valley
Road and Tahoma Boulevard to the Berry Valley Road property for this purpose.
During this conversation, Ms. Merriman noted that the Yelm Zoning Code did not allow
secondary dwelling units in the R -14 zoning district but suggest a pre- submission
meeting be scheduled in order to memorialize these requirements.
On December 2, 2011, Mr. Aguilar submitted a pre- submission request for December
147 2011, but Mr. Aguilar subsequently rescheduled the meeting for December 21St.
On or before December 21St, without first obtaining a building permit, Mr. Aguilar caused
the modular commercial building to be moved to the Berry Valley property.
ORDER:
No later than December 30, 2011, the building shall be removed from the property to a
location approved by the Community Development Department through the building
permit process.
Dated thiq_.2 � cember 2.011.
G r nt Beck, i r6c' to r
Con u Development Department
(360) 458 -3835
(360) 458 -3144 FAX
www.ci.yelm.wa.us
�f THFpQ,�` City of Yelm
4 lit
Community Development
105 Yelm Avenue West
Yelm, WA 98597
YELM
WGSHINGTON
February 15, 2012
Joe Aquilar
14812 Berry Valley Road SE
Yelm, WA 98597
Mr. Aquilar
This is a follow up to my letter of January 27th in which you were provided information as to how
to bring the structure you moved to your property illegally into compliance with building and land
use regulations but keep it on your property.
I am told you spoke with Karen Bennett yesterday, February 14, to inquire about the ability to
pay the civil penalty but not apply for a permit at this time.
I would note that the structure remains in violation. The payment of the civil penalty is only in
conjunction with the rapid resolution of the violation in converting it to a storage building
pursuant to my letter of January 27th. If the City has not received a building permit for either the
removal of the structure or its conversion to a storage unit by February 29, 2012, a second
notice of violation will be issued which will include additional civil penalties.
Sincerely, -
f
f
Grant Bec . , C7r
Community Development Department
(360) 458 -3835
(360) 458 -3144 FAX
www.ci.yelm.wa.us
City of Yelm
� M
Community Development
105 Yelm Avenue West
Yelm, WA 98597
YELM
WASHINGTON
January 27, 2012
Joe Aquilar
14812 Berry Valley Road SE
Yelm, WA 98597
Mr. Aquilar
This is in response to your email of December 23, 2011, regarding the notice of violation issued
December 21St by the Community Development Department relating to your move of a modular
structure to your property at 14812 Berry Valley Road without permit.
At its heart, you ask in your email what needs to be done to keep the building on the property as
a personal storage unit. This proposed use is different than the presubmission meeting request
you had submitted for the City's review. You have been provided a copy of the presubmission
meeting notes which clearly outline the requirements for the use you proposed in your initial
request.
In order to bring the unit into compliance with Yelm Zoning and Building Codes as a storage
unit, you will need to submit a complete application for a building permit (copy attached) to
move the structure. The plans submitted with the building permit will need to include a concrete
perimeter foundation and must include the removal of the restroom and all plumbing fixtures
within the unit. The source of heat must be removed OR the plans should include energy
calculations that show the structure meets the requirements for a residential accessory structure
under the Washington State Energy Code. Finally, a copy of the electrical permit from the
Washington State Department of Labor and Industries will be required.
The permit fees will include a civil penalty of $250.00 pursuant to Section 1. 16.060 YMC.
Regarding the background information regarding your previous proposal, I would note that the
City has been clear and consistent that the previous mobile home on the property lost its pre-
existing non - conforming use status well before you purchased the property. In fact, you did not
contact the City until after you had purchased the property and discovered that it was subject to
a local improvement district assessment for improvements to Tahoma Boulevard. Thurston
County has no jurisdiction over land use regulations within the City of Yelm, including non-
conforming uses.
Sincerely_
rant B ck, "Director
''
C rfunity Development Department
(360) 458 -3835
(360) 458 -3144 FAX
www.ci.yelm.wa.us