Deny Letter (3)
City of Yelm
Community Development Department
105 Yelm Avenue West
P.O. Box 479
Yelm, WA 98597
August 11, 2004
Scott Griffin
Caddis Construction
P.O. Box 73669
Puyallup, WA 98373
Re: Griffin Boundary Line Adjustment
Dear Mr. Griffin:
The City of Yelm has completed its review of your application for a Boundary Line Adjustment between two parcels of land owned by Kathryn Dotson located on Middle Road.
The City has determined that the proposal would create a lot which does not meet zoning and health code standards, and hereby denies the application.
Section 58.17.040 (6) RCW exempts a division made for the purpose of alteration by adjusting boundary lines, which does not create any additional lot nor create any lot which contains
insufficient area and dimension to meet minimum requirements for width and area for a building site from subdivision requirements.
Section 16.28.010 YMC indicates a boundary line adjustment should be approved upon finding compliance with minimum zoning, health, building and other land use regulations and with the
Yelm comprehensive plan and that the adjustment will not adversely affect access, easements or drainfields.
Specifically, the proposal is inconsistent with the following health code and zoning code standards:
Section 21.2.5 of the Thurston County Health Code and Section 246-272-20501 WAC indicate that the minimum lot size of a parcel that is served by an on-site sewage disposal system and
a individual well is one acre under the most favorable soil conditions. Additionally, these sections of the health codes require the well radius be contained within the property lines
of lot.
The proposed lot which contains Ms. Dotson’s home is served by an individual well and on-site sewage disposal system and is proposed to be less than one acre in size. The 100 foot well
radius would not be contained within the boundaries of this proposed lot.
The Yelm Zoning Code establishes both maximum and minimum density requirements in the Medium Density Residential (R-6) zoning district. The minimum density is 3 units per acre, which
is not achieved through the creation of a lot less than one acre in area. Further, this requirement could not be achieved through any redivision of the property due to the size of the
parcel and requirements of the subdivision code.
Ms. Dotson’s parcels were not created through the subdivision process found in Chapter 58.17 RCW, as the creation of parcels 5 acres or larger is exempt from the requirements of the
State Subdivision Act. Allowing the creation of a parcel which would normally be subject to the standards of a subdivision or short subdivision from an exempt division circumvents the
protections built into the land division process, such as the requirements of the health codes noted above, but also those related to access, connection to public services, and other
policies of the Comprehensive Plan expressed through the City’s development regulations.
The decision to deny your application for boundary line adjustment may be appealed to the City of Yelm Hearing Examiner by filing a written appeal which clearly identifies the basis
for the appeal and an appeal fee of $50.00 to the Community Development Department no later than 14 days from the date of this letter.
Sincerely,
Grant Beck, Director
Community Development Department