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20130357 Permit Pkg 20130357 �oF TH�p,� City of Yelm Permit No.: 20130357 � a � Community Development Department Issue Date: 11/15/2013 (Work must be completed within 180 days) Building Division Phone: (360)458-8407 YEL """""""°'°" Fax: (360)458-3144 Appl icant: Name: BILL'S TOWING Phone: 360-458-5963 Address: 801 YELM AVE W A-1 YELM WA 98597 Property Information: Site Address: $01 YELM AVE W Owner: BILLS TOWING Assessor Parcel No.: 99000512400 Subdivision: Lot: Contractor Information: Name: AMERICAN NEON INC. Phone: 253-627-7446 Address: P.O. BOX 431 TACOMA WA 98401 Contractor License No.: Expires: 0/00/0000 Project Information: Project: SIGN Description of Work: FREESTANDING ELECTRONIC MESSAGE CENTER SIGN Sq. Ft. per floor: First Heat Type(Electric, Gas, Other): Second Third Garage Basement Fees: Item Contractor Fees SIGN AMERICAN NEON INC. $ 20.00 TOTAL FEES: $ 20.00 ApplicanYs Affidavit: OFFICIAL USE ONLY I certify th I have read and examined the information contained within the application and know the same to be tru nd correct. I also certify that the proposed structure is in conformity with all applicable City of #Sets of Prints: Yelm re ,ati s including those governing zoning and land subdivision,and in addition,all covenants, easeme ts a �ctions of rec rd. If applying as a contractor, I further certify that I am currently Final Inspection: register d in h St e of W in fon. /LZ Date: Signatu e .��/t- Date I� Firm BY� Cit� of Y�lm (36 ) 458-8402 REC#: �0144981 11J22/2013 2:43 PM OPER: CO TERM: 001 REF#; 19119 TRAN: 33,OOQ0 BUILDTNG PERMITS 20130357 ZO.00CR BILL'S TOWING 801 YELM AVE W SIGN ZO.00CR 1"ENDERED: 20.00 CHECK APPLIED; 20,00- CHANGE; 0.00 �e�"��5'� C17Y OF YELM 81GN PERMIT APPLICATION FORM Project Address: $01 We s t Ye lm Ave Parcel#: 9 9 9 0 0 7 9 0 4 0 0 Zoning; Current Use: Proposed Use: Type/Number of Sign(s)(wall, monument, lighted,�tc.}: f �l��`��i4l��/1U�S �/� �� % C.�>V'7��. Dimensions of Sign(s): �." XjL^ Q1.'�1��`f�_,/p�C = ��:� Buiiding Gross Floor Area(sq.ft): I�� /I ZS/ .,''� u�,��. Building Height: ��, Existing Signage(if any)and dimensions: ��,�3 „ ., '� American NeonF Tn . Elisa Jacobv _ Last Name First Name ADDRESS 9402 39th Ave CT SW EMAILamericanneoninc@aol.com CITY Lakewood. �fAT� WA :IP TELEPHONE 25�-ti27-7446 �;.E ,�� ;� � Bill Tr'ull (Ri 1 1 ' G Tnwi nq) ADDRESS 801 West Yelm Ave EMAILqff; ce(�bi 1 1 �to�ai nc�_net CITY Yelm STATE WA ZIP 98597 TELEPHONE 360-458-245� ��y��?�� Bi11 ' s Towinq ADDRESS �e �.janer EMAIL CITY STATE ZIP TELEPHONE �;��h�'a �`�. �.,,. see a,�p,.�nl i r-an TELEPHONE ADDRESS EMAIL CITY STATE ZIP FAX CON7RACTOR'�'SLICENSE#amc�rini ��?.r3�XPDATEE,�2�i11`YLICENSE# 05-000099. 0 i��y I hereby certify th$t th�above informatlon Is correct and that the construction of the above described sign will be in accordance with tr�e laws,rules and regulations of`the State of Washington and the City of Yelm. -i:- �=> _/� _ � , � ! Ap ' ant' atur Date Owner/Contr /Owner's Agent/Contractar's Agent/Tenant (Please circle one.) All permits are non-transferable and will expirejif work authorized by such permit is not begun within 180 days of issuance,or if work is suspelnded or abandoned for a period of 180 days ; 105 Yelm Auenue Weat (360)458-3835 PO Box 479 (360)458-3144 FAX Ye�rra,WA 98597 www.ci.yelm.wa.us . i i Chapter 15.24 SIGNS* Page 15 of 17 15.24.250 Conflict and severability. If any provision of this code is found to be in conflict with any other provision of any zoning, building, fire, safety or health ordinance or code of the city, the provision which establishes the higher standard shall prevail. (Ord. 576 § 1, 1996). 15.24.260 Violation—Penalty. Repealed by Ord. 874. (Ord. 576 § 1, 1996). 15.24.270 Removal of unlawful signs. A. Any unlawful sign which has not been removed within 30 days after notice of violation may be removed by the city and the costs charged to the violator. If removal costs have not been paid and the sign reclaimed within 30 days of its removal by the city, the city may sell or otherwise dispose of the sign and apply the proceeds toward costs of removal. Any proceeds in excess of costs of removal shall be paid to the owner of the sign. B. Unlawful signs on public streets, sidewalks, rights-of-way, power poles, telephone poles, street signs, or other public property or which wheresoever located present an immediate and serious danger to the public because of their unsafe condition may be immediately removed by the administrator without prior notice. C. Any unlawful temporary or portable-type sign located on private property which has not been removed within 24 hours after notice of violation may be removed by the city. The sign may be reclaimed by the owner after a civil penalty of$100.00 has been paid. If the sign has not been reclaimed within 30 days of its removal by the city, the city may sell or otherwise dispose of the sign and apply the proceeds toward costs of the removal. Any proceeds in excess of costs of the removal shall be paid to the owner of the sign. D. l"he city o�any of its agents shall not be liable for any damage to a sign when removed under this section. (Ord. 812 § 16, 2004; Ord. 576§ 1, 1996). 15.24.280 Sign area—Square footage maximums. A. Monument and Freestanding Signs. Property Bldg./Gross Sign Sign Area Line Floor Area Height (Per Side) Setback 5,000 sq. ft. or FS—8 ft. FS—21 sq. 5 ft. less MS—5 ft. ft. MS—42 sq. ft. 5,001 — FS—8 ft. FS—30 sq. 5 ft. 10,000 sq. ft. MS—5 ft. ft. MS—51 sq. ft. 10,001 — FS— 10 FS—36 sq. 10 ft. 35,000 sq. ft. ft. ft. MS—6 MS—51 sq. �� ft. ft. �.J �' � �. t � � .s k� . , s -�. . x��"" ,-�.#' r`� ws .� �� F., . ,� . � . . ,� .,:.. .:.. .�`'Lt. � � . ' F ,�� . ' �..- �' S-;� ^ � , � � w� g. ��.. � , a „ �� R* � �,� . �. � , �. �� . � . � a, ��#" p; �., .�,,, a .� "` 'S�: �. y. � �,µ � �y��' �,�,, .:.�.. ''Y'•' �. ��i ' ��* �� ,,�� 'r 'n r� . b. . .� . ",_ � 4. . a�, ,. �:. . . �� "> `4 �. �: '�, , a"'m',�y � . � �»'�� ` a'� ,`},� � ` .�, � • . ; ..„ � ,"� � •�. r,� , . ` �� ' �� v , _ � �� . .. �' , � � . � . fa � , :. � ,��f � � � �'Mr � k d � A`�" ��'+� �k '4..��. .. °s> ;r; � A�.. . f V. ��.. �. . , � . ?' �� , � • s , y. ,. . � , r . nk'�" � �... � , � s � _ _ .N_. .. � ,� K . . � r. � � . ,;:. .. �_ � � '°' �� k' � i 3 ` �'2E . � ��r� � . � � � . �"� .�, '� -> DRIVEWAY `� � � � # `�,�� { � �;��:. � � �k �. - e � �� "� � �� ._ �, ��; , � �� .�''� � "�`�' � � � � �, �` '�— ' � � �' �»�� s:; y�. �. � � � y�� ~�� " � �, `�,� � q;� �� PROPOSED �. � � ., _ �;, �' �`T�� _ FREESTA�JpI -�-�,.� �RivEwAY � � _ � � �` SIG �� J�:� ��1� d ��. "`� �,.}G 1 j� � � � � � � . � �� p � �� . u �� °�, �5� `� � �� ,� � � _ ° ,. ,,.... ll �,s.� �� ,_ � � ��„-. d ....h,, �. . "�v. "- r:. s.- . .. '" .. �� u � , v. r��: � �� wa BILL S TOWING �� -� � �,� ,�° ,.� � . 801 W YELM AVE �� `, �'� � �a. . x � .� , r.� :: . , , �' �� .: #.�� -�. : � � � ' �� , � � �� . �,.� ��, � �� a.� . � �' -.. '...�R�� k, ��`�''',"� '�- n , ' ' � � .- ,6 . � R, s�� `i}c�° . � � � . . -.�' ?",. . '� 1 Ik7�� I '�� . , �� ,� .- � , . �i�I "�� '� u.�* � , � �,�.. ,. :�.. . . . ,,t:. , v : � �� , , .,, . � � � �� .� ,� * � �� .. ,. < <u �,: �. .,��. . � �;„; � i��l .e,: � ,�� '� � i�f ��. ,�° �� - � " .. �� . �? , � � _ � � Scale. � .. � a, _ '� � � � ,�. ,�" � 1"=40' . � ��:,�� ,�� ,� . ; � �� ..�,,� �'f , � . ,�, ,.� , � �� _ -� . �. : { ; � , : �� t �� ----' �.. i�.. � b' 6" cc�binet ► � 6' active area � _ . �- -�- � � a a� �; � � � � a� � J U � U � L� �o � I i, *_ � -- SIGN AREA: 6.5' x 6.67' = 43.36sq.ft. � � � �� '�� ACTIVE AREA: 6' x 6' = 36 sq.ft. � � ; �; _ � �=,-la�,�� Decorative aluminum ��,� �C -2 U �� `o pole cover -- _ _ -_— _. , _ � 5" Square tube, �' 1/4"wall min. ___ _ _ _ v0 SX=6.87 (6"square tube 3/16"wall SX=7.93J /G` � - _s'e�t r A�� '�"� Ground , + � : � � _ ___ - - _ , _ __- -- _ , ... , n�: , . -- -.-g x � i Scale: 1/2" = 1'-0" � ' ____ ' Rebar Cage: f �� #4 horizontal on 12" centers -�t- CO ete 135° hooks @ splice corner � �� 4ea #4 vertical � , , �N< , � �a� � �; . � , _ 4 , w. � �:�� cONCRETE FOUNDATION & SECTION MODULUS CALCULATIONS Job: Bill's Towing PSF EXPOSURE CHART HEIGHT OF SIGN = 14.67 (based on 80 mph) : ( 90 mph) PSF EXPOSURE(see chart) = 24.34 ------> HT ABOVE EXP"B" EXP"C" : EXP"C" AREA OF SIGN = 43.36 GRND FACTOR AF CTOR . FACTOR ESTIMATE BASE SIZE: 0'- 15' 14.24 24.34 . 30.8672 LENGTH = 4.00 16'-20' 15.38 25.94 . 32.9056 WIDTH = 3.00 21'-25' 16.53 27.32 . 34.6528 HEIGHT TO CENTER OF WINDLOAD = 11.33 26'-30' 17.45 28.24 . 35.8176 ESTIMATED DEPTH OF HOLE = 4.00 31'-40' 19.29 30.08 . 38.1472 41'-60' 21.81 32.83 . 41.6416 CONCRETE BASE CALCS: P= 1055.3824 "D"MUST BE EQUAL OR LESS THAN THE ESTIMATED B= 5 DEPTH OF THE HOLE. H= 11.33 FORMULAS: S1= 533.32 P= PSF (SEE CHART ALx AREA OF SIGN= POUNDS(/2 if dbl pole) A= 0.9261 B= LENGTH2+ WIDTH''= FEET 6=DIAM. AUGEREQ HOLE D= 3.8765 H= HEIGHT TO CENTER OF WINDLOAD =FEET S = 1/3 x 200 PSF x 2 x EST. DEPTH OF HOLE= POUNDS (or 133.33 x EST. DEPTH OF HOLE) A= 2.34 x P =FACTOR S1 x B _ D=�x (1+ 1�4A.36 x H )=DEPTH OF HOLE IN FEET THE ABOVE CALCULATIONS ARE BASED ON SOIL LATERAL BEARING OF 200 LBS PER SQUARE FOOT OR BETTER. SECTION MODULES CALCS: FORMULA: M= 11957.48 P= SAME AS ABOVE"P" Sx= 6.7429 (section modulus) H= SAME AS ABOVE "H" M= P x H= FOOT POUNDS �Sx= M x 12 = M x 12 = IN 1.33 x 16 x 1000 21280 PIPE OR TUBE SIZE MUST BE GREATER THAN OR EQUAL TO THE CALCULATED SECTIION MODULUS. l l �� .�tA, . J � �L7 �Il.i,l8� '�'��,o� T�p��` Ci ty of Yelm '� �� Comm unity Development Department 105 Yelm Avenue West P.D.Box 479 Y E LM Yelm, WA 98597 WASMINCTON May 6, 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 Decision on Reconsideration of the City of Yelm Hearing Examiner relating to the above-entitled matter. Very truly yours, K. CAUS A R. Hearing Examiner SKC/jjp cc: Parties of Record �t �' � � � � , � � _,_ OFFICE OF THE HEARING EXAMINER CITY OF YELM DECISION ON RECONSIDERATION 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: Request granted, subject to conditions. 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 April 29, 2013, at 10:00 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 EXHIBIT "1 R" - Photograph of Sign EXHIBIT "2R" - Diagram of Sign EXHIBIT "3R" - Diagram of Sign with Measurements EXHIBIT "4R" - Letter from Jack W. Hanemann dated March 28, 2013 EXHIBIT "5R" - Letter from Examiner dated April 9, 2013 -2- GARY CARLSON, City Building Official, appeared and testified that the sign code recognizes that special circumstances could create the need for a sign code variance. The City recognizes that Mr. Trull has special circumstances due to State requirements for fencing and the rebuild of Yelm Avenue. The sidewalk abutting Yelm Avenue is now two feet above the surrounding topography and the applicant had to install an eight foot high fence due to the grade of the sidewalk and to meet State requirements. The City can't just simply arbitrarily allow a larger sign, but, it can recommend a variance due to the sidewalk elevation. The City recommends a variance to allow the height of the sign to extend two feet higher based upon the sidewalk grade, or if it is greater than two feet, to whatever the measurement shows. Upon answering questions from Mr. Jack W. Hanemann, attorney for the applicant, Mr. Carlson testified that when Yelm Avenue was reconstructed, Mr. Trull's six foot high fence was not acceptable and he had to increase it to eight feet in height in relation to the sidewalk. The City will grant a variance to allow an increase of the height of the sign by two feet. MR. HANEMANN appeared and testified that the applicant installed the sign in 1999 and the actual signage was four feet by 12 feet above the fence. The reason for the reduction in size is that a business moved from the site. WILLIAM TRULL, applicant, appeared and testified that he installed the sign in 1999. A new business moved onto the site and he installed a sign on the bottom of the 1999 sign. Such increased the size to a total of 48 square feet. No other towing business in Yelm existed either in 1999 or exists now. The towing and wrecking yard businesses require fencing for security and screening. He has installed a six foot tall, chain link fence topped by two feet of barbed wire in accordance with State law. The 1999 sign was above the fence. The City raised the grade of Yelm Avenue by two to three feet. He believes the special circumstances would allow a sign over the top of the fence. He had to raise the fence and the sign two to three feet. Exhibit 2R shows the actual depiction of the sign. It is ten feet from the grade to the bottom of the sign, a height necessary to clear the fence. The height of the pole measures 16 feet. The old sign measured 48 square feet and the new sign will measure 36 square feet. He could attach the sign to the old pole, but he desires a modern sign that will have changeable copy. The fencing will prohibit potential customers from seeing the sign. They can't see through the fence until they get near a 90 degree angle to the fence. The City approved a two foot height variance which is the difference between the grade on his property and the sidewalk. He would need to have a 24 foot wide sign in order to obtain the size of his previous sign. The new sign will measure about 14 feet above the sidewalk. His present sign could be vested and the new sign allowed as it is shorter and smaller. Again, he is the only towing company in town and it is unfair to prohibit him from advertising. The Examiner then recessed the hearing to allow the applicant and the City to discuss the sign proposal. -3- Upon reconvening MR. CARLSON reappeared and testified that he is limited in what he can approve, and he can't establish an arbitrary height above the ten foot differential. MR. TRULL reappeared and testified that the survey sticks are still in the ground and that his concertina wire is not on the right-of-way. He would have no problem moving it if it were. If the City limits him to a ten foot height to the bottom of the sign, he will only have a two foot tall sign. 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 10:50 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. Following proper notice given by the City, the Examiner convened a public hearing on March 11, 2013, at 10:15 a.m. to consider the variance request of William Trull. Mr. Trull neither appeared at the hearing nor had a representative present. The Examiner then proceeded with the hearing and heard testimony from Gary Carlson, City Building Official. In a Report and Decision dated March 20, 2013, the Examiner granted a sign code height variance of two feet, consistent with Mr, Carlson's recommendation. 5. Subsequent to the issuance of the Report and Decision, the Examiner received a letter from Jack W. Hanemann, attorney at law, on behalf of Mr. Trull and Bill's Towing & Recovery requesting reconsideration. Mr. Hanemann advised that Mr. Trull did not receive notice of the hearing, and that Mr. Trull desired an opportunity to testify in support of the variance request. Based upon Mr. Hanemann's letter the Examiner in a letter to Tami Merriman and Gary Carlson dated April 9, 2013, requested that the City set this matter for a hearing to further -4- consider the sign variance. The hearing convened at 10:00 a.m., Monday, April 29, 2013. 6. 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. An eight foot high fence surrounds the parcel. 7. 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 business at the site. 8. The applicant currently advertises the businesses (Bill's Towing and Yelm Tire) with a single, 32 square foot (each side), free standing sign. According to his March 12, 2011, letter the sign extends 20 feet above the grade of his own parcel and approximately 18 feet above the grade of the recently reconstructed Yelm Avenue West. The sign previously contained 48 square feet but a business moved from the premises and the applicant removed its business sign from the bottom of the present sign. The present sign height is nonconforming with the requirements of the City of Yelm Sign Code set forth in Chapter 15.24 of the Yelm Municipal Code (YMC). Section 15.24.280 YMC limits the height of free standing signs for buildings of between 10,001-35,000 square feet to ten feet. Thus, the applicant's present sign exceeds the maximum sign height as measured from his property by ten feet and as measured from the sidewalk by eight feet. The applicant proposes to remove the existing sign and replace it with a modern, more attractive sign. However, upon such happening, YMC 15.24.210(A) requires the applicant to bring the sign into compliance with the YMC. 9. The portion of the present sign containing the copy measures four feet in width and eight feet in height. The bottom of the copy portion appears approximately the same height as the top of the fence, which would make the total sign height approximately 18 feet above the grade of the applicant's parcel. The applicant proposes a new sign, ten feet from the Yelm Avenue right-of-way that would contain 36 square feet (per side). The setback complies with the bulk sign regulations set forth in YMC 15.24.280. However, the applicant proposes to extend the sign 16 feet, seven inches above the grade level of his parcel and 14 feet, seven inches above the grade level of Yelm Avenue. The proposed sign height requires a variance. 10. The architectural rendition of the proposed new sign shows that the copy portion would measure six feet in width and six feet in height. The bottom of the copy -s- portion of the sign would measure ten feet above the grade of the applicant's parcel. The copy portion of the sign would extend six feet above the grade of Yelm Avenue. The pole would measure ten feet in height between the ground and the bottom of the sign copy. The proposed new sign would have a greater setback from Yelm Avenue, would reduce the height of the existing sign by approximately two feet, would have changeable copy, and would have a much more aesthetically pleasing appearance than the existing sign. 11. The applicant asserts that he needs the increased sign height for two reasons: A. When the City reconstructed Yelm Avenue it acquired a strip of property four feet in width across the applicanYs parcel. The City increased the height of the Yelm Avenue grade and installed a two foot tall, retaining wall at the edge of the right-of-way. Such raised the height of the sidewalk adjacent to Yelm Avenue at least two feet above the grade of the applicant's parcel. The applicant asserts that he needs to extend the copy portion of the new sign six 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. 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 businesses desiring a fence in the front yard wi11 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. 12. As previously found, YMC 15.24.280 limits the height of a free standing sign on the applicant's parcel to ten feet. Due to the grade difference between Yelm Avenue and the applicant's parcel (finro feet), the City has recommended approval of a variance of approximately two feet. Such would increase the maximum height of the sign to 12 feet. Assuming the applicant's fence is constructed on the applicanYs parcel (two feet below street grade), the variance as recommended by the City would allow the sign to extend four feet above the height of the fence. The applicanYs diagram shows a sign copy height of six feet, and thus the applicant would need an additional two foot variance to extend the sign above the top of the fence. Thus, the applicant could achieve his goal of having the copy portion of the sign extend above the fence top by obtaining a four foot variance as opposed to the requested six foot variance. A four foot variance allows the sign pole to extend to the top of the fence (eight feet) and further allows the entire sign copy as shown on the applicant's diagram to extend -6- above the top of the fence. The pole needs to extend eight feet above the grade and not ten feet to reach the top of the fence. 13. Prior to obtaining a variance the applicant must show that the request satisfies the criteria set forth in YMC 17.96.023. A variance of four feet to the maximum, ten foot tall sign is justified by special circumstances relating to the topography of the appl+cant's parcel as well as requirements of the State of Washington for fencing of towing and wrecking yards. Compliance with State requirements deprives the subject property of rights and privileges enjoyed by other properties in the vicinity and under identical zone classifications. The State requires eight foot high fencing for both security and aesthetic reasons for wrecking yards and towing companies. Such companies should not be penalized from advertising their businesses the same as others by fence height requirements. In the present case, a variance of four feet to the height requirements allows the copy portion of the applicant's sign to extend from the bottom of the fence to a point six feet above said fence. CONCLUSIONS: 1. The Hearing Examiner has jurisdiction to consider and decide the issues presented by this request. 2. The applicant has shown that the request for a variance to the height requirements of the City of Yelm Sign Code of four feet satisfies the criteria set forth in YMC 17.96.023, The variance allows the applicant to install the bottom of the copy portion of the sign at an elevation equal to the top of the fence, and then to extend the copy portion of the sign upward from there to a maximum height of six feet one inch as shown on the diagram. -�- 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 includes an eight foot tall pole and a copy height of six feet, one inch in accordance with the sign diagram. The variance is hereby granted subject to the following conditions: 1. The allowed height for the sign pole is eight feet (or to the top of the fence whichever is greater). The maximum height for the sign copy atop said pole is six feet, one inch. 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 6th day of May, 2Q13. � PH . CAUSSEAU R. Hearing Examiner TRANSMITTED this 6th day of May, 2013, to the following: APPLICANT: William Trull II 801 Yelm Avenue West Yelm, WA 98597 OTHERS: CITY OF YELM -g- 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 nvt 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 May 20, 2013, (ten days from mailing) with the Community Development Department 105 Yelm Avenue -9- West, Yelm, WA 98597. This request shali 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 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. -lo-