20130116 HE Decision Email 03212013 Karen Bennett
From: Tami Merriman
Sent: Thursday, March 21, 2013 8:23 AM
To: Karen Bennett
Subject: FW: Bill's Towing Sign Variance
Attachments: Bill's Towing Sign Variance.doc
For electronic files.
Tami Merriman
Associate Planner
City of Yelm
105 Yelm Ave. W
Yelm, WA 98597
(360)458-8496
tamim @ci.yelm.wa.us
From: J. Pelesky [mailto:j.pelesky @mchlawoffices.com]
Sent: Thursday, March 21, 2013 8:10 AM
To: Tami Merriman
Subject: RE: Bill's Towing Sign Variance
Here you go, hope that helps!
Je*WLyJ. petvaky
Legal Assistant to Stephen K. Causseaux,Jr.
Hearing Examiner
902 South loth Street
Tacoma,Washington 98405
(253)272-22o6
j.pelesky@mchlawoffices.com
From: Tami Merriman [mailto:tamim(a)ci.yelm.wa.us]
Sent: Wednesday, March 20, 2013 3:45 PM
To: j.pelesky(a)mchlawoffices.com; Gary Carlson
Subject: RE: Bill's Towing Sign Variance
Jenny
Thank you so much, but can you please send a copy either word or pdf so that we can place it in the file?
Thanks
Tami Merriman
Associate Planner
City of Yelm
105 Yelm Ave. W
Yelm, WA 98597
(360)458-8496
tamim @ci.yelm.wa.us
i
From: J. Pelesky [ma i Ito:j_peleskyCa)mchlawoffices.com]
Sent: Wednesday, March 20, 2013 3:37 PM
To: Gary Carlson; Tami Merriman
Subject: Bill's Towing Sign Variance
The original is in the mail to you.
Thanks!
,0* � City of Ye l m
Community Development Department
105 Yelm Avenue West
P.O. Sox 479
YE LM Yelm, WA 98597
W Is 5111 N£TOr,
March 20, 2013
William Trull II
801 Yelm Avenue West
Yelm, WA 98597
RE: Bill's Towing Sign Variance
VAR-20130116
Dear Mr. Trull:
Transmitted herewith is the Report and Decision of the City of Yelm Hearing Examiner relating to the
above-entitled matter.
Very truly yours,
STEPHEN K. CAUSSEAUX, JR.
Hearing Examiner
SKC/jjp
cc: Parties of Record
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OFFICE OF THE HEARING EXAMINER
CITY OF YELM
REPORT AND DECISION
CASE NO.: Bill's Towing Sign Variance
VAR-20130116
APPLICANT: William Trull II
801 Yelm Avenue West
Yelm, WA 98597
PLANNER: Gary Carlson, Building Official
SUMMARY OF REQUEST:
Variance to extend the maximum height of a pole sign from ten feet to 16 feet, seven inches.
SUMMARY OF DECISION: See Decision
PUBLIC HEARING:
After reviewing Community Development Department Staff Report and examining available
information on file with the application, the Examiner conducted a public hearing on the request as
follows:
The hearing was opened on March 11 , 2013, at 10:15 a.m.
Parties wishing to testify were sworn in by the Examiner.
The following exhibits were submitted and made a part of the record as follows:
EXHIBIT "1" - Community Development Department Staff Report with Attachments
GARY CARLSON, City Building Official, appeared and testified that the existing sign is not allowed
and staff had suggested that the applicant apply for a variance. The site is within the C-1 zone
classification in a commercial area. The property owner to the east submitted a letter asking
questions regarding the variance. Mr. Trull started a towing company in 1978 and has operated it
and several other companies from the site. He no longer has a wrecking yard or vehicle repair shop
at the site. The towing company is a nonconforming use. He found that a lesser variance meets the
criteria as the sign code would deny the same height of sign that is allowed to other businesses. The
present sign is a nonconforming structure but is an allowed use. A grade deferential exists between
the street and the towing company parcel. The City built a two foot tall, retaining wall behind the
sidewalk. The towing company must comply with the State law that requires an eight foot high fence.
The code allows a maximum sign height of ten feet, but such a sign is not visible from the street due
to the grade and the eight foot fence height. The sign would extend only six feet above the sidewalk
grade and the fence would obscure it. The City agrees that the grade difference presents a special
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circumstance. However, the applicant wants the top of the sign to reach 16 feet. The City does not
support that height, and wants the sign height limited to that enjoyed by other business. Such would
mean 12 feet above grade. He then discussed conditions of approval and noted that the sign height
variance will apply only when the site supports a towing company. The sign code does not recognize
differences in grade. They will move the sign from the sidewalk grade.
No one spoke further in this matter as the applicant did not attend the hearing. The Examiner took
the request under advisement and the hearing was concluded at 10:30 a.m.
NOTE: A complete record of this hearing is available in the City of Yelm Community
Development Department.
FINDINGS, CONCLUSIONS, AND DECISION:
FINDINGS:
1 . The Hearing Examiner has admitted documentary evidence into the record, viewed the
property, heard testimony, and taken this matter under advisement.
2. This matter is exempt from review pursuant to the State Environmental Policy Act (SEPA) in
accordance with Section 14.06.025 of the Yelm Municipal Code (YMC).
3. Proper notice of both the variance application and the public hearing were provided in
accordance with the YMC.
4. The applicant has a possessory ownership interest in a 2.88 acre parcel of property that abuts
the south side of Yelm Avenue West. The parcel supports a structure with a gross
building/floor area of 11 ,625 square feet, and is located within the Commercial Zone (C-1) of
the YMC.
5. The applicant's family acquired the parcel in 1978 and immediately began operating a towing
service from the site. Additional uses that have operated from the site in the past include an
auto body shop and auto wrecking yard. The applicant presently operates a towing company
and tire sales and service at the site.
6. The applicant currently advertises his business with a single, 32 square foot (each side), free
standing sign, the top of which, according to his March 12, 2011 , letter, measures 20 feet
above grade. The sign height is nonconforming with the requirements of the City of Yelm Sign
Code set forth in Chapter 15.24 YMC. Section 15.24.280 YMC limits the height of free
standing signs for buildings of 10,001-35,000 square feet to ten feet. Thus, the applicant's
sign exceeds the maximum height by ten feet. The applicant proposes to change the sign face,
and upon such happening, YMC 15.24.210(A) requires the applicant to bring the sign into
compliance with the YMC.
7. The applicant proposes a new sign that would measure 36 square feet (per side) and
measure ten feet from the Yelm Avenue right-of-way. Such complies with the bulk sign
regulations set forth in YMC 15.24.280. However, the proposed sign would extend 16 feet
above grade and the applicant must obtain a sign code variance to allow the additional height.
8. The applicant asserts that he needs the increased sign height for two reasons:
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A. When the City reconstructed Yelm Avenue West, it acquired a strip of property four feet
in width across the applicant's parcel. The City installed a two foot tall, retaining wall at
the right-of-way edge. Such raised the height of the sidewalk adjacent to Yelm Avenue
two feet above the grade of the applicant's parcel. The applicant asserts that he needs
to extend the new sign 16 feet above the grade of the sidewalk or customers will not
see it.
B. The State of Washington requires towing companies to protect their storage yards with
a six foot tall, chain link fence topped by two strands of barbed wire for a total fence
height of eight feet. Since the applicant will locate the fence on the property line, it will
extend an additional two feet above the height of a six foot high fence, the tallest
authorized without a building permit. Although the YMC contains no fence height
limitations, a fence over six feet in height requires a building permit. It is therefore
reasonable to assume that those businesses desiring a fence in the front yard will limit it
to a maximum height of six feet. In the present case the applicant cannot do so as the
State of Washington requires a towing company to secure its yard with an eight foot
high fence. Such requirement provides a second, special circumstance. However, the
second, special circumstance is not related to the size, shape, topography, location, or
surroundings of the parcel.
9. Prior to obtaining a sign code variance the applicant must show that the request satisfies the
criteria set forth in YMC 17.96.023. Said criteria requires the applicant to show that special
circumstances apply to the subject property due to its size, shape, topography, location, and
surroundings, and also show that strict application of the sign code would deprive his parcel of
rights and privileges enjoyed by other properties in the vicinity and under the identical zone
classification. The two reasons cited by the applicant as justification for the variance are the
grade deferential between his parcel and Yelm Avenue and the fact that the State requires him
to protect his towing yard with an eight foot high fence. Staff agrees with the grade deferential
and has recommended a variance to the sign height in an amount equal to the difference
between the grade of Yelm Avenue and the parcel. However, staff does not agree that the
eight foot fence height requirement is a special circumstance that meets the variance criteria.
10. Staff accurately interprets the variance criteria. A ten foot high sign located two feet below the
grade of the street that abuts the parcel essentially allows the applicant to have an eight foot
high sign as measured from the street. Thus, adding the grade deferential to the height of the
sign is appropriate as it is related to the topography of the parcel. Furthermore, strict
application of the sign height requirement would deprive the applicant of the same sign height
as enjoyed by other businesses in the area. However, the height of the fence has nothing to
do with the property itself as it stems from a requirement of the State that applies to every
towing company within the City. The Yelm City Council has not adopted an exception to the
sign code criteria either for towing companies or other businesses that may have special fence
height requirements. Granting this applicant a variance based upon a fence height
requirement would automatically grant every towing company a sign height variance and could
change the City Sign Code. Such is within the province of the legislative body.
CONCLUSIONS:
1 . The Hearing Examiner has jurisdiction to consider and decide the issues presented by this
request.
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2. The applicant has shown that the request for a variance to the height requirements of the City
of Yelm Sign Code satisfies the criteria set forth in YMC 17.96.023 for an increase in sign
height defined as the difference between the grade of the applicant's parcel and the grade of
the sidewalk along Yelm Avenue.
3. The applicant has not established that a variance to the height limitations of the sign code
based upon the State's requirement for an eight foot high fence around his business satisfies
the variance criteria.
DECISION:
The request for a variance to the maximum sign height is granted for a parcel located at 801 Yelm
Avenue West. The maximum allowed sign height is ten feet plus the difference between the height of
the grade of the sign and the sidewalk grade. The variance is hereby granted subject to the following
conditions:
1 . The allowed height for the sign shall be ten feet plus the grade difference between the base of
the sign and the sidewalk grade.
2. The sign area shall meet the requirements of the Sign Code, Chapter 15.24 YMC.
3. The setback between the property line and the sign shall meet the requirements of the Sign
Code, Chapter 15.24 YMC.
4. Landscaping at the base of the free standing sing is not required, however the area shall be
maintained to be kept free of weeds and debris.
5. If the barbed wire at the top of the fence overhangs the City right-of-way, the applicant shall
reposition it such that it is does not encroach thereon.
ORDERED this 20th day of March, 2013.
STEPHEN K. CAUSSEAUX, JR.
Hearing Examiner
TRANSMITTED this 20th day of March, 2013, to the following:
APPLICANT: William Trull II
801 Yelm Avenue West
Yelm, WA 98597
OTHERS:
CITY OF YELM
CASE NO.: Bill's Towing Sign Variance
VAR-20130116
NOTICE
1 . RECONSIDERATION: Any interested party or agency of record, oral or written, that
disagrees with the decision of the hearing examiner may make a written request for
reconsideration by the hearing examiner. Said request shall set forth specific errors relating to:
A. Erroneous procedures;
B. Errors of law objected to at the public hearing by the person requesting
reconsideration;
C. Incomplete record;
D. An error in interpreting the comprehensive plan or other relevant material; or
E. Newly discovered material evidence which was not available at the time of the hearing.
The term "new evidence" shall mean only evidence discovered after the hearing held by
the hearing examiner and shall not include evidence which was available or which could
reasonably have been available and simply not presented at the hearing for whatever
reason.
The request must be filed no later than 4:30 p.m. on April 3, 2013, (ten days from mailing) with
the Community Development Department 105 Yelm Avenue West, Yelm, WA 98597. This
request shall set forth the bases for reconsideration as limited by the above. The hearing
examiner shall review said request in light of the record and take such further action as he
deems proper. The hearing examiner may request further information which shall be provided
within 10 days of the request.
2. APPEAL OF EXAMINER'S DECISION: The final decision by the Examiner may be appealed
to the city council, by any aggrieved person or agency of record, oral or written that disagrees
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with the decision of the hearing examiner, except threshold determinations (YMC 15.49.160) in
accordance with Section 2.26.150 of the Yelm Municipal Code (YMC).
NOTE: In an effort to avoid confusion at the time of filing a request for reconsideration,
please attach this page to the request for reconsideration.
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