20130116 Reconsideration, Req for 04012013 OFFICE OF THE HEARING EXAMINER
CITY OF YELM
BILL'S TOWING SIGN VARIANCE VAR-20130116
APPLICANT: WILLIAM TRULL II REQUEST FOR RECONSIDERATION
The Applicant, William Trull II, requests reconsideration of the Hearing Examiner's
Decision regarding the sign variance.
The Applicant requests the reconsideration hearing be held as an in-person hearing. The
record apparently indicates that notice of the hearing was sent to the applicant on February 27,
2013. The applicant did not receive the notice of the hearing, although all other correspondence
sent by the City of Yelm and the Yelm Building Department was received by Mr. Trull. Mr.
Trull did not appear for the hearing on March 11, 2013. He would like an opportunity to testify
in support of the variance request.
This reconsideration is also based upon the following points.
1. The existing signage is grandfathered in.
2. The existing signage is actually 4'x12'. The applicant had temporarily removed the
4'x4' sign which hung below the picture taken on January 4, 2013. This made the
total square footage of the existing sign 48 square feet.
3. The fence height requirement is state law and effectively blocks any sign allowed by
the current Yelm City Code.
Request for Reconsideration - 1
4. Granting this variance request would affect only this business. There are no other
towing companies in Yelm and given zoning requirements there is little likelihood of
another towing company encountering this issue.
DATED this u day of 2013.
JACK W. HANEMANN, P.S.
�ry
Jack,, .Hanemann, SBA#6609 4
Atto�riey for Applicant, William Trull,II
Request for Reconsideration - 2
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
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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 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.