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15009 St Rt 507-Leprouseof Yelm 105 Yelm Avenue West P.O. Box 479 Yelm, Washington 98597 (360) 458 -3244 September 17, 2001 Dr. Conrad LeProwse Denise Mugler 15009 St. Rte. 507 SE Yelm, WA 98597 Dear Dr. LeProwse and Ms. Mugler: I have received your letter dated August 27, 2001. The City Building Official and I spent time visiting the site and reviewing each of the issues and concerns raised in your letter. I would like to respond to each of those issues below. Litter thrown over fence. We could only gain limited sight access along the fence line but could see no evidence of litter being thrown over the fence. However, it is not an uncommon problem when there Is undeveloped land on the other side of a fence. While this is an issue between private property owners, I will offer to write a letter to the property owners who are throwing litter over the fence asking them to cease the activity immediately. If you could provide me with specific information and /or pictures of the litter so that the correct property owners are identified, I will send each of them a letter. By volunteering to notify the adjacent property owners that it is not appropriate to discard items over their fence, the City is not resuming responsibility to correct the problem. 2. Original Fence — around maple trees The original fence was constructed purposely around the trees so that the trees would not be removed. The previous owners agreed with the developer on the location of the fence, otherwise those trees would have been removed and a straight fence Installed. It is in the best interest for those trees to remain. However, if you want to pursue having the fence line moved you may due so as a private property owner. You mentioned that in the original agreement between Harr Homes and Sherril McNaughten that the housing development would maintain the fence. I have enclosed a copy of the only agreement that I am aware of. This agreement is between the previous developer, Mark Carpenter and Sherril McNaughten and does not address the fence maintenance. If you have any other agreement I would appreciate a copy of it for my records. 3. New Fence on top of original fence From your side of the fence it is impossible for you to see what has been constructed. Behind the original fence, there is a continuous rock retaining wall that supports the earth. The fence along this area is simply constructed to "hide" the rock retaining walls. Prior to sight development the property dropped off Dr. Conrad LeProwse Denise Mugler September 17, 2001 significantly along your common property line, requiring the retaining wail be constructed. Any grading and filling that occurred on these lots was minimal and within City standards. The Building Official did authorize the construction of the second fence, requiring it to be constructed back from the retaining wall and on the individual's lot. 4. Platform/Tree house The City does not regulate the use of trees on private property. If I can be of further assistance or you have any questions I can be reached at (360) 458 -8408 or Carlson0velmtel.com. Sincerely, LtC.�l4:Sc, Vi>_� Catherine Carlson I Community Development Director Enclosure cc: Harr Family Homes Shelly Badger, City Administrator Gary Carlson, Building Official R1Communily DeveloMent\ Planning FoldeeGeneral CorrespondemelLeProwe Muglor.doc Paget 2. The common boundary of the property ownw vy .,,� [,-- - ' -•-_ - - , -- wetlands and a.buffcr area, denominiQed as Tract F nn the preliminary plat. McNAUGHTEN has expressed concerns regarding the plat's affect on life wetlands and the general need for appropriate buffers. between'tlfis 1116h den In order [u development esolve these cotncerns, the parties have development represented by her property. agreed to the following: (a) CARPENTER will, at his expense, constmPt an 9' cedar fence' commencing at or about the northwtg eocaerbfLot 42, then running southerly to the nurth -most pdw of Tract F, then running along thel easterly boundary of Tract F to the of, southeast corner Tract F (Which: is the southwest corner of lot 25). (b) ,CARPENTER will tnimfer Tract F to McNAUGHTFN by statutory warranty deed for the sole eobsiderdtion Of $20,000- Closing will occur at or before final closing of the sale of McNAUGHTEN the at MNOm the Tmarket,sthe Option. Should McNAUGM MN remove her .property s Seller shalt provide parties will close.ihe sale of Tract F within sixty (60) day a standard form title policy showing lltle free and clear of all encumbrar[ccs, except reasonable and _customary,. and except for conditions and restrictions on the final plat not Inconsistent with those contained in the Yelm Planning Department Staff'Repurt dated October 11, 199.5 (c) McNAUGHTEN will.-Waive any objections she may possess to approval of the preliminaty.Plit by the Yelm planning *Commission and will recommend wrifing to the Cdrninission that it approve CARPENfER's proposed p plat; subject in amendment of Paragraph l l of the staff s proposed conditions w incorporate this Memorandum of Understanding as the agreement therein. 3. All negotiations and undertakings by and between the parties occurring before the date hereof are hereby merged in this agreement, which is the only agreement of the parties. Dated this 13 day of October, 1995. A4' A ^f� E SHERRII. McNAUGHTEN Construction: 4 x 4 treated posts, set in cprtccetc; three 2 x 4 ce4#r or �� � z •'�"( nieces: vertical, continuous- butted cedar or treated boards. V' U Cathy Carl&oa City of Yelm Yelm, Wa. 98597 Dear Cathy, RECEIVE AUG 3 0 2001 August 27, 2001 Thu letter nerves tobrina attention to several areas of concern over the fencing between Nisqually meadows and our property on 15009 Hwy 507 SF An eight foot fencewasoriginally constructedbetween the houzing development andour property as a good faith gesture to ensure protection of privacy and protection of wetlands between the housing development and this property. The fence which was constructed has been misused and abused in several areas along the development One large maple situated in the buffer zone has been obviously and incorrectly fenced into the housing development Local tenants have constructed a platform on top of the fence and built a ladder into the truck and limbs of the tree. They have placed lounging chairs on this platform facing our property. Additionally, litter is being thrown over the fence into the buffer zone (which is now recorded as our private property), as well as neighbors throwing trash in garbage bag& over the fence in this same area. The buffer zone is not intended to be their personal landfill. This is intolerable. There has been no local enforcement to correct this behavior. The fence line is already leaning heavily and precariously in toward the buffer zone in many areas and has done so since it was constructed. We have watched the progress of the housing development and bave not witnessed the proper maintenance or improvements where it has been needed along the fence line. The support posts were never set correctly an are leaning haphazardly. Also, land has been piled to the height of the original fence and a second fence built on top of it This piling to raise the level of the housing units we feel is detrimental to the area and will significantly affect runoff in this area. Harr Homes seems to have taken great license to abuse their building permits by wing a light- weight wood fence as a earth retaining wall. This does not demonstrate good faith in the supervision of the fence line between the properties and we formally wish to file a complaint into these issues. We believe the fence line needs to be corrected around the maple tree, and in all the areas where it is leaning and not properly supported. Webelievetheplatformehouldberemoved. TheoriginalagreementbetweeziHarr Homes and Sherryl MacNaughton Trust is that the housing development would maintain the fence. We feel Harr Homes needs to remind its tenants not to litter and throw trash into the buffer zone. We will wish todiscuss with the City of Yelm Plannerwhyahousingdevelopment was allowed to buildup the land level of the adjoining lots to the buffer zone over eight feet --affecting the runoff in an environmentally sensitive area. Again, we undentand these arrangemenis may be settled between property owners, however, the City of Yelm granted permits for the developing of this project and the understanding was that the development would seetotheoversightoftheseissues. Wehavewaitedtoseeif this was tobetrue but have not seen the development step in to correct these problem areas. We think the City of Yelm needs to be aware of these issues before granting developing permits where local property owners are affected by larger housing areas who promise to self- regulate. Reap llq �% G�� Conrad R I..eProwse, MD. Ienise K. Mugler ca Ken Harr, Harr Homes