20150199 Trull Appeal Email Correspondence
Tami Merriman
From:Tami Merriman
Sent:Monday, June 29, 2015 11:21 AM
To:'Brent Dille'
Subject:RE: Bill's towing appeal
Yes, we are good with this. Please let me know how to proceed further.
Thanks Brent
Tami Merriman
Associate Planner
City of Yelm
105 Yelm Ave. W
Yelm, WA 98597
(360) 458-8496
tamim@ci.yelm.wa.us
From: Brent Dille [mailto:bdille@bgwp.net]
Sent: Wednesday, June 24, 2015 2:40 PM
To: Tami Merriman; Grant Beck
Subject: FW: Bill's towing appeal
Tami and Grant,
Can I tell them we are withdrawing our determination about abandonment? They admit they need site plan review due
to the SIC codes being different.
Let me know and I will respond accordingly.
Thanks!
Brent
Brent F. Dille
Attorney at Law
BEAN, GENTRY, WHEELER & PETERNELL, PLLC
910 Lakeridge Way SW
Olympia, Washington 98502
Phone: (360) 357-2852 Fax: (360) 786-6943
bdille@bgwp.net www.bgwp.net
The information contained in this e-mail message is intended only for the personal and confidential use of the
1
recipient(s) named above. This message may be an attorney-client communication and as such is PRIVILEGED and
CONFIDENTIAL. If the reader of this message is not the intended recipient or an agent responsible for delivering it to the
intended recipient, this serves as notice to you that you have received this document in error and that any review,
dissemination, distribution, or copying of this message is strictly prohibited. If you have received this communication in
error, please delete the original message and any attachments, as well as all copies thereof, and notify us immediately.
From: Shane C Lidman [mailto:Shane@hbjlaw.com]
Sent: Wednesday, June 24, 2015 2:36 PM
To: Brent Dille
Cc: office@billstowing.net
Subject: Bill's towing appeal
Brent,
To answer your letter, Yes and No. It was my understanding that you were withdrawing Ms. Merriman’s “official
determination” which was mailed on April 14, 2015 (attached to this email). In our conversation you made clear that the
city had backed off from the position that Bills Towing had abandoned it’s pre-existing non-conforming use. But that
because the SIC codes for the businesses were different enough that under YMC 18.12.060 there needed to be a review.
So Yes we are withdrawing our appeal, and will seek a site plan review if Yelm is withdrawing Ms. Merriman’s official
determination of abandonment under YMC 18.01.090(B). If the city is not withdrawing that determination, then we,
unfortunately, have to go forward to preserve the 18 month window. As things stand withdrawing the appeal without
such a guarantee would be an inadvisable mistake.
I hope this makes our position clear.
Kind Regards,
Shane
Shane C. Lidman
Attorney at Law
Jack W. Hanemann, P.S.
2120 State Avenue NE
Suite 101
Olympia, WA 98506
(360) 357-3501 tel
(360) 357-2299 fax
shane@hbjlaw.com
CONFIDENTIALITY NOTICE: This communication is intended for the sole use of the individual and entity to whom it is
addressed, and may contain information that is privileged, confidential and exempt from disclosure under applicable
law. You are hereby notified that any dissemination, distribution or duplication of this communication by someone other
than the intended addressee or its designated agent is strictly prohibited.
2
Tami Merriman
From:Tami Merriman
Sent:Wednesday, June 24, 2015 3:15 PM
To:Grant Beck
Subject:RE: Bill's towing appeal
Not sure where I got that the auto wrecking was abandoned… I guess because they removed most if not all the cars, and
that they just have a towing business.
I guess it doesn’t matter really about the auto “body” repair as we no longer have that separate designation in the UDC.
So guess I am good also.
I will let Brent know.
Tami Merriman
Associate Planner
City of Yelm
105 Yelm Ave. W
Yelm, WA 98597
(360) 458-8496
tamim@ci.yelm.wa.us
From: Grant Beck
Sent: Wednesday, June 24, 2015 2:45 PM
To: Tami Merriman
Subject: FW: Bill's towing appeal
I would say yes. Let me know if we need to circle.
Grant Beck, Director of Community Development
City of Yelm | 105 Yelm Avenue West | Yelm, WA 98597 | www.ci.yelm.wa.us
(360) 458-8408 | (360) 458-3144 FAX | grantb@ci.yelm.wa.us
From: Brent Dille [mailto:bdille@bgwp.net]
Sent: Wednesday, June 24, 2015 2:40 PM
To: Tami Merriman; Grant Beck
Subject: FW: Bill's towing appeal
Tami and Grant,
Can I tell them we are withdrawing our determination about abandonment? They admit they need site plan review due
to the SIC codes being different.
3
Let me know and I will respond accordingly.
Thanks!
Brent
Brent F. Dille
Attorney at Law
BEAN, GENTRY, WHEELER & PETERNELL, PLLC
910 Lakeridge Way SW
Olympia, Washington 98502
Phone: (360) 357-2852 Fax: (360) 786-6943
bdille@bgwp.net www.bgwp.net
The information contained in this e-mail message is intended only for the personal and confidential use of the
recipient(s) named above. This message may be an attorney-client communication and as such is PRIVILEGED and
CONFIDENTIAL. If the reader of this message is not the intended recipient or an agent responsible for delivering it to the
intended recipient, this serves as notice to you that you have received this document in error and that any review,
dissemination, distribution, or copying of this message is strictly prohibited. If you have received this communication in
error, please delete the original message and any attachments, as well as all copies thereof, and notify us immediately.
From: Shane C Lidman [mailto:Shane@hbjlaw.com]
Sent: Wednesday, June 24, 2015 2:36 PM
To: Brent Dille
Cc: office@billstowing.net
Subject: Bill's towing appeal
Brent,
To answer your letter, Yes and No. It was my understanding that you were withdrawing Ms. Merriman’s “official
determination” which was mailed on April 14, 2015 (attached to this email). In our conversation you made clear that the
city had backed off from the position that Bills Towing had abandoned it’s pre-existing non-conforming use. But that
because the SIC codes for the businesses were different enough that under YMC 18.12.060 there needed to be a review.
So Yes we are withdrawing our appeal, and will seek a site plan review if Yelm is withdrawing Ms. Merriman’s official
determination of abandonment under YMC 18.01.090(B). If the city is not withdrawing that determination, then we,
unfortunately, have to go forward to preserve the 18 month window. As things stand withdrawing the appeal without
such a guarantee would be an inadvisable mistake.
I hope this makes our position clear.
Kind Regards,
Shane
Shane C. Lidman
Attorney at Law
Jack W. Hanemann, P.S.
2120 State Avenue NE
Suite 101
Olympia, WA 98506
(360) 357-3501 tel
4
(360) 357-2299 fax
shane@hbjlaw.com
CONFIDENTIALITY NOTICE: This communication is intended for the sole use of the individual and entity to whom it is
addressed, and may contain information that is privileged, confidential and exempt from disclosure under applicable
law. You are hereby notified that any dissemination, distribution or duplication of this communication by someone other
than the intended addressee or its designated agent is strictly prohibited.
5
Tami Merriman
From:Grant Beck
Sent:Wednesday, June 24, 2015 2:45 PM
To:Tami Merriman
Subject:FW: Bill's towing appeal
Attachments:2015-04-14 letter from Yelm.pdf; 2015-06-17 Letter from Dille.pdf
I would say yes. Let me know if we need to circle.
Grant Beck, Director of Community Development
City of Yelm | 105 Yelm Avenue West | Yelm, WA 98597 | www.ci.yelm.wa.us
(360) 458-8408 | (360) 458-3144 FAX | grantb@ci.yelm.wa.us
From: Brent Dille [mailto:bdille@bgwp.net]
Sent: Wednesday, June 24, 2015 2:40 PM
To: Tami Merriman; Grant Beck
Subject: FW: Bill's towing appeal
Tami and Grant,
Can I tell them we are withdrawing our determination about abandonment? They admit they need site plan review due
to the SIC codes being different.
Let me know and I will respond accordingly.
Thanks!
Brent
Brent F. Dille
Attorney at Law
BEAN, GENTRY, WHEELER & PETERNELL, PLLC
910 Lakeridge Way SW
Olympia, Washington 98502
Phone: (360) 357-2852 Fax: (360) 786-6943
bdille@bgwp.net www.bgwp.net
The information contained in this e-mail message is intended only for the personal and confidential use of the
recipient(s) named above. This message may be an attorney-client communication and as such is PRIVILEGED and
CONFIDENTIAL. If the reader of this message is not the intended recipient or an agent responsible for delivering it to the
intended recipient, this serves as notice to you that you have received this document in error and that any review,
dissemination, distribution, or copying of this message is strictly prohibited. If you have received this communication in
error, please delete the original message and any attachments, as well as all copies thereof, and notify us immediately.
From: Shane C Lidman [mailto:Shane@hbjlaw.com]
Sent: Wednesday, June 24, 2015 2:36 PM
To: Brent Dille
6
Cc: office@billstowing.net
Subject: Bill's towing appeal
Brent,
To answer your letter, Yes and No. It was my understanding that you were withdrawing Ms. Merriman’s “official
determination” which was mailed on April 14, 2015 (attached to this email). In our conversation you made clear that the
city had backed off from the position that Bills Towing had abandoned it’s pre-existing non-conforming use. But that
because the SIC codes for the businesses were different enough that under YMC 18.12.060 there needed to be a review.
So Yes we are withdrawing our appeal, and will seek a site plan review if Yelm is withdrawing Ms. Merriman’s official
determination of abandonment under YMC 18.01.090(B). If the city is not withdrawing that determination, then we,
unfortunately, have to go forward to preserve the 18 month window. As things stand withdrawing the appeal without
such a guarantee would be an inadvisable mistake.
I hope this makes our position clear.
Kind Regards,
Shane
Shane C. Lidman
Attorney at Law
Jack W. Hanemann, P.S.
2120 State Avenue NE
Suite 101
Olympia, WA 98506
(360) 357-3501 tel
(360) 357-2299 fax
shane@hbjlaw.com
CONFIDENTIALITY NOTICE: This communication is intended for the sole use of the individual and entity to whom it is
addressed, and may contain information that is privileged, confidential and exempt from disclosure under applicable
law. You are hereby notified that any dissemination, distribution or duplication of this communication by someone other
than the intended addressee or its designated agent is strictly prohibited.
7
Tami Merriman
From:Brent Dille [bdille@bgwp.net]
Sent:Wednesday, June 24, 2015 2:40 PM
To:Tami Merriman; Grant Beck
Subject:FW: Bill's towing appeal
Attachments:2015-04-14 letter from Yelm.pdf; 2015-06-17 Letter from Dille.pdf
Tami and Grant,
Can I tell them we are withdrawing our determination about abandonment? They admit they need site plan review due
to the SIC codes being different.
Let me know and I will respond accordingly.
Thanks!
Brent
Brent F. Dille
Attorney at Law
BEAN, GENTRY, WHEELER & PETERNELL, PLLC
910 Lakeridge Way SW
Olympia, Washington 98502
Phone: (360) 357-2852 Fax: (360) 786-6943
bdille@bgwp.net www.bgwp.net
The information contained in this e-mail message is intended only for the personal and confidential use of the
recipient(s) named above. This message may be an attorney-client communication and as such is PRIVILEGED and
CONFIDENTIAL. If the reader of this message is not the intended recipient or an agent responsible for delivering it to the
intended recipient, this serves as notice to you that you have received this document in error and that any review,
dissemination, distribution, or copying of this message is strictly prohibited. If you have received this communication in
error, please delete the original message and any attachments, as well as all copies thereof, and notify us immediately.
From: Shane C Lidman [mailto:Shane@hbjlaw.com]
Sent: Wednesday, June 24, 2015 2:36 PM
To: Brent Dille
Cc: office@billstowing.net
Subject: Bill's towing appeal
Brent,
To answer your letter, Yes and No. It was my understanding that you were withdrawing Ms. Merriman’s “official
determination” which was mailed on April 14, 2015 (attached to this email). In our conversation you made clear that the
city had backed off from the position that Bills Towing had abandoned it’s pre-existing non-conforming use. But that
because the SIC codes for the businesses were different enough that under YMC 18.12.060 there needed to be a review.
So Yes we are withdrawing our appeal, and will seek a site plan review if Yelm is withdrawing Ms. Merriman’s official
determination of abandonment under YMC 18.01.090(B). If the city is not withdrawing that determination, then we,
8
unfortunately, have to go forward to preserve the 18 month window. As things stand withdrawing the appeal without
such a guarantee would be an inadvisable mistake.
I hope this makes our position clear.
Kind Regards,
Shane
Shane C. Lidman
Attorney at Law
Jack W. Hanemann, P.S.
2120 State Avenue NE
Suite 101
Olympia, WA 98506
(360) 357-3501 tel
(360) 357-2299 fax
shane@hbjlaw.com
CONFIDENTIALITY NOTICE: This communication is intended for the sole use of the individual and entity to whom it is
addressed, and may contain information that is privileged, confidential and exempt from disclosure under applicable
law. You are hereby notified that any dissemination, distribution or duplication of this communication by someone other
than the intended addressee or its designated agent is strictly prohibited.
9
Tami Merriman
From:Tami Merriman
Sent:Wednesday, June 17, 2015 9:06 AM
To:'Brent Dille'
Cc:Grant Beck
Subject:Bills Towing (Trull) appeal
Good Morning Brent
I know the applicant and attorney were o.k. about putting the appeal on hold until they had time to discuss. Just
following up to see if you have heard anything back?
Tami Merriman
Associate Planner
City of Yelm
105 Yelm Ave. W
Yelm, WA 98597
(360) 458-8496
tamim@ci.yelm.wa.us
10
Tami Merriman
From:Tami Merriman
Sent:Thursday, June 04, 2015 8:16 AM
To:Grant Beck
Subject:Bills Towing
Brent left a message yesterday that he spoke with Bill’s attorney. After explaining, they have put the appeal on hold
(not contacting hearing examiner yet) so that the attorney can speak with Bill. Brent will let me know what they come
up with.
Tami Merriman
Associate Planner
City of Yelm
105 Yelm Ave. W
Yelm, WA 98597
(360) 458-8496
tamim@ci.yelm.wa.us
11
Tami Merriman
From:Brent Dille [bdille@bgwp.net]
Sent:Wednesday, June 03, 2015 7:57 AM
To:Tami Merriman
Subject:RE: Appeal of Staff Decision
Good morning Tami!
I left a couple messages for the attorney and let another one yesterday for Jack Hannaman, the owner of the law firm
and presumably the attorney for Bill’s Towing.
I’ll let you know as soon as I connect with someone form their office.
Talk to you soon!
Brent
Brent F. Dille
Attorney at Law
BEAN, GENTRY, WHEELER & PETERNELL, PLLC
910 Lakeridge Way SW
Olympia, Washington 98502
Phone: (360) 357-2852 Fax: (360) 786-6943
bdille@bgwp.net www.bgwp.net
The information contained in this e-mail message is intended only for the personal and confidential use of the
recipient(s) named above. This message may be an attorney-client communication and as such is PRIVILEGED and
CONFIDENTIAL. If the reader of this message is not the intended recipient or an agent responsible for delivering it to the
intended recipient, this serves as notice to you that you have received this document in error and that any review,
dissemination, distribution, or copying of this message is strictly prohibited. If you have received this communication in
error, please delete the original message and any attachments, as well as all copies thereof, and notify us immediately.
From: Tami Merriman [mailto:tamim@ci.yelm.wa.us]
Sent: Tuesday, June 02, 2015 11:25 AM
To: Brent Dille
Subject: RE: Appeal of Staff Decision
Good Morning Brent
I am just following up to see if you had an opportunity to speak with Mr. Lidman regarding this appeal?
Hope all is well with you.
Tami Merriman
Associate Planner
City of Yelm
105 Yelm Ave. W
Yelm, WA 98597
(360) 458-8496
12
tamim@ci.yelm.wa.us
From: Brent Dille [mailto:bdille@bgwp.net]
Sent: Friday, May 22, 2015 6:17 PM
To: Tami Merriman
Cc: Grant Beck
Subject: Re: Appeal of Staff Decision
Thanks Tami! You too.
Misspelled from my iPhone
On May 22, 2015, at 4:09 PM, Tami Merriman <tamim@ci.yelm.wa.us> wrote:
Brent
I will be out of the office next week (5/25 – 5/29) on vacation. Grant is your contact regarding this
appeal in my absence.
I will be back in the office on June 1, 2015.
Have a great weekend.
Tami Merriman
Associate Planner
City of Yelm
105 Yelm Ave. W
Yelm, WA 98597
(360) 458-8496
tamim@ci.yelm.wa.us
From: Tami Merriman
Sent: Thursday, May 21, 2015 3:15 PM
To: 'Brent Dille'
Cc: Grant Beck
Subject: RE: Appeal of Staff Decision
Brent
Here is our code reference and the SIC manual classifications we discussed.
18.12.060 YMC. Site plan review is required for the use of an existing building or previously
approved site for a use that is not similar to the previous use considering the impacts of the two
13
uses, the Standard Industrial Code Classification Manual divisions and major groups, and the
intent of the zoning district.
SIC Manual:
Major Group 55 Automotive dealers and gasoline service stations.
This major group includes retail dealers selling new and used automobiles, boats, recreational
vehicles, utility trailers, and motorcycles; those selling new automobile parts and accessories;
and gasoline service stations. Automobile repair shops maintained by establishments engaged
in the sale of new automobiles are also included.
Group 551 Motor vehicle dealers (new and used)
Group 552 Motor vehicle dealers (used only)
Major Group 75 Automotive repair, services, and parking
This major group includes establishments primarily engaged in furnishing automotive repair,
rental leasing and services to the public.
Group 754 Automotive services
Establishments primarily engaged in furnishing automotive services, except repair and
carwashes.
Examples listed are: Auto emissions testing, road service, automotive, towing service
automotive and wrecker service (towing) automotive.
Tami Merriman
Associate Planner
City of Yelm
105 Yelm Ave. W
Yelm, WA 98597
(360) 458-8496
tamim@ci.yelm.wa.us
From: Brent Dille [mailto:bdille@bgwp.net]
Sent: Tuesday, May 19, 2015 4:46 PM
To: Tami Merriman
Cc: Grant Beck
Subject: RE: Appeal of Staff Decision
Hi Tami!
Give me a call at your convenience to discuss.
Talk to you soon!
Brent
14
Brent F. Dille
Attorney at Law
BEAN, GENTRY, WHEELER & PETERNELL, PLLC
910 Lakeridge Way SW
Olympia, Washington 98502
Phone: (360) 357-2852 Fax: (360) 786-6943
bdille@bgwp.net www.bgwp.net
The information contained in this e-mail message is intended only for the personal and confidential use
of the recipient(s) named above. This message may be an attorney-client communication and as such is
PRIVILEGED and CONFIDENTIAL. If the reader of this message is not the intended recipient or an agent
responsible for delivering it to the intended recipient, this serves as notice to you that you have received
this document in error and that any review, dissemination, distribution, or copying of this message is
strictly prohibited. If you have received this communication in error, please delete the original message
and any attachments, as well as all copies thereof, and notify us immediately.
From: Tami Merriman [mailto:tamim@ci.yelm.wa.us]
Sent: Wednesday, May 06, 2015 10:31 AM
To: Brent Dille
Cc: Grant Beck
Subject: Appeal of Staff Decision
Good Morning Brent
Grant suggested that I bring you in the loop of an appeal of an administrative decision for a local
business. I thought that I would explain what has transpired up to this date. (I may be in and out of the
office with a family matter this month, so if I don’t respond to a voice or email message, please check
with Grant)
Bills towing is located at 801 Yelm Ave W. The business was located here prior to our Comprehensive
plan and development regulations.
As you will read in my letter this is a preexisting nonconforming use. I gave the history of the site as we
know it.
In late December or early January, I was contacted by James Kitchen about doing a car sales lot there. I
told him that he could, but it was subject to site plan review.
A short time after that, a different gentleman called (I failed to write down his name), stated that he was
working for Mr. Trull and discussed the types of improvements that would be required for another
business to locate there. He represented himself as a project manager.
I received a phone call from an attorney, Shane Lidman representing Bills Towing inquiring why the City
denied a business at this location. I explained that the person was not denied, but that Site Plan Review
was required because a car sales lot was a change of use at the site, and that the last uses that we were
aware of in the buildings had been gone from the site for more than 18 months. (That was directly out
of our old code in effect at the time).
On March 2, 2015 Mr. Trull dropped some papers at my office (I was not in). I received a copy of a 6
month commercial lease for Ornamental Iron (a gate maker) dated January 6, 2014. (no business license
was applied for, we did not know that business was located there) Also included were copies of receipts
15
for rental of a motor home from May to July 2013. There was no explanation of why they were
submitted.
The first week of April, a couple came to the counter asking where they could locate a used car sales lot.
We discussed zoning and site requirements, then they said they had a prospective site, the Bills Towing
site. I told them that a car sales lot would be allowed, the site would need to go through site plan
review which includes site improvements.
On April 7, 2015 I got a phone call from Bill Trull that another prospective tenant was turned away by
the City. He said he thought his Attorney had taken care of the issue, that he gave proof of previous
tenants on the site.
I wrote the attached letter to Mr. Trull explaining what we would consider similar uses and what we
would consider a change of use. This letter is considered an administrative decision which can be
appealed. And it has.
Your thoughts?
Tami Merriman
Associate Planner
City of Yelm
105 Yelm Ave. W
Yelm, WA 98597
(360) 458-8496
tamim@ci.yelm.wa.us
16
Tami Merriman
From:Brent Dille [bdille@bgwp.net]
Sent:Tuesday, June 02, 2015 11:51 AM
To:Tami Merriman
Subject:Re: Appeal of Staff Decision
Attachments:image003.jpg; image003.jpg; image003.jpg
I left two messages for him last week but never received a return call. I will try him again this afternoon when I get back
into the office.
I'll keep you posted!
Brent
Misspelled from my iPhone
On Jun 2, 2015, at 11:26 AM, Tami Merriman <tamim@ci.yelm.wa.us> wrote:
Good Morning Brent
I am just following up to see if you had an opportunity to speak with Mr. Lidman regarding this appeal?
Hope all is well with you.
Tami Merriman
Associate Planner
City of Yelm
105 Yelm Ave. W
Yelm, WA 98597
(360) 458-8496
tamim@ci.yelm.wa.us
<image004.jpg>
From: Brent Dille [mailto:bdille@bgwp.net]
Sent: Friday, May 22, 2015 6:17 PM
To: Tami Merriman
Cc: Grant Beck
Subject: Re: Appeal of Staff Decision
Thanks Tami! You too.
Misspelled from my iPhone
On May 22, 2015, at 4:09 PM, Tami Merriman <tamim@ci.yelm.wa.us> wrote:
Brent
I will be out of the office next week (5/25 – 5/29) on vacation. Grant is your contact
regarding this appeal in my absence.
I will be back in the office on June 1, 2015.
Have a great weekend.
17
Tami Merriman
Associate Planner
City of Yelm
105 Yelm Ave. W
Yelm, WA 98597
(360) 458-8496
tamim@ci.yelm.wa.us
From: Tami Merriman
Sent: Thursday, May 21, 2015 3:15 PM
To: 'Brent Dille'
Cc: Grant Beck
Subject: RE: Appeal of Staff Decision
Brent
Here is our code reference and the SIC manual classifications we discussed.
18.12.060 YMC. Site plan review is required for the use of an existing building or
previously approved site for a use that is not similar to the previous use
considering the impacts of the two uses, the Standard Industrial Code
Classification Manual divisions and major groups, and the intent of the zoning
district.
SIC Manual:
Major Group 55 Automotive dealers and gasoline service stations.
This major group includes retail dealers selling new and used automobiles, boats,
recreational vehicles, utility trailers, and motorcycles; those selling new
automobile parts and accessories; and gasoline service stations. Automobile
repair shops maintained by establishments engaged in the sale of new
automobiles are also included.
Group 551 Motor vehicle dealers (new and used)
Group 552 Motor vehicle dealers (used only)
Major Group 75 Automotive repair, services, and parking
This major group includes establishments primarily engaged in furnishing
automotive repair, rental leasing and services to the public.
Group 754 Automotive services
Establishments primarily engaged in furnishing automotive services, except
repair and carwashes.
Examples listed are: Auto emissions testing, road service, automotive, towing
service automotive and wrecker service (towing) automotive.
18
Tami Merriman
Associate Planner
City of Yelm
105 Yelm Ave. W
Yelm, WA 98597
(360) 458-8496
tamim@ci.yelm.wa.us
From: Brent Dille [mailto:bdille@bgwp.net]
Sent: Tuesday, May 19, 2015 4:46 PM
To: Tami Merriman
Cc: Grant Beck
Subject: RE: Appeal of Staff Decision
Hi Tami!
Give me a call at your convenience to discuss.
Talk to you soon!
Brent
Brent F. Dille
Attorney at Law
BEAN, GENTRY, WHEELER & PETERNELL, PLLC
910 Lakeridge Way SW
Olympia, Washington 98502
Phone: (360) 357-2852 Fax: (360) 786-6943
bdille@bgwp.net www.bgwp.net
The information contained in this e-mail message is intended only for the personal and
confidential use of the recipient(s) named above. This message may be an attorney-
client communication and as such is PRIVILEGED and CONFIDENTIAL. If the reader of
this message is not the intended recipient or an agent responsible for delivering it to the
intended recipient, this serves as notice to you that you have received this document in
error and that any review, dissemination, distribution, or copying of this message is
strictly prohibited. If you have received this communication in error, please delete the
original message and any attachments, as well as all copies thereof, and notify us
immediately.
From: Tami Merriman [mailto:tamim@ci.yelm.wa.us]
Sent: Wednesday, May 06, 2015 10:31 AM
To: Brent Dille
19
Cc: Grant Beck
Subject: Appeal of Staff Decision
Good Morning Brent
Grant suggested that I bring you in the loop of an appeal of an administrative decision
for a local business. I thought that I would explain what has transpired up to this date.
(I may be in and out of the office with a family matter this month, so if I don’t respond
to a voice or email message, please check with Grant)
Bills towing is located at 801 Yelm Ave W. The business was located here prior to our
Comprehensive plan and development regulations.
As you will read in my letter this is a preexisting nonconforming use. I gave the history
of the site as we know it.
In late December or early January, I was contacted by James Kitchen about doing a car
sales lot there. I told him that he could, but it was subject to site plan review.
A short time after that, a different gentleman called (I failed to write down his name),
stated that he was working for Mr. Trull and discussed the types of improvements that
would be required for another business to locate there. He represented himself as a
project manager.
I received a phone call from an attorney, Shane Lidman representing Bills Towing
inquiring why the City denied a business at this location. I explained that the person
was not denied, but that Site Plan Review was required because a car sales lot was a
change of use at the site, and that the last uses that we were aware of in the buildings
had been gone from the site for more than 18 months. (That was directly out of our old
code in effect at the time).
On March 2, 2015 Mr. Trull dropped some papers at my office (I was not in). I received
a copy of a 6 month commercial lease for Ornamental Iron (a gate maker) dated January
6, 2014. (no business license was applied for, we did not know that business was located
there) Also included were copies of receipts for rental of a motor home from May to
July 2013. There was no explanation of why they were submitted.
The first week of April, a couple came to the counter asking where they could locate a
used car sales lot. We discussed zoning and site requirements, then they said they had a
prospective site, the Bills Towing site. I told them that a car sales lot would be allowed,
the site would need to go through site plan review which includes site improvements.
On April 7, 2015 I got a phone call from Bill Trull that another prospective tenant was
turned away by the City. He said he thought his Attorney had taken care of the issue,
that he gave proof of previous tenants on the site.
I wrote the attached letter to Mr. Trull explaining what we would consider similar uses
and what we would consider a change of use. This letter is considered an administrative
decision which can be appealed. And it has.
Your thoughts?
Tami Merriman
20
Associate Planner
City of Yelm
105 Yelm Ave. W
Yelm, WA 98597
(360) 458-8496
tamim@ci.yelm.wa.us
21
Tami Merriman
From:Tami Merriman
Sent:Tuesday, June 02, 2015 11:25 AM
To:'Brent Dille'
Subject:RE: Appeal of Staff Decision
Good Morning Brent
I am just following up to see if you had an opportunity to speak with Mr. Lidman regarding this appeal?
Hope all is well with you.
Tami Merriman
Associate Planner
City of Yelm
105 Yelm Ave. W
Yelm, WA 98597
(360) 458-8496
tamim@ci.yelm.wa.us
From: Brent Dille [mailto:bdille@bgwp.net]
Sent: Friday, May 22, 2015 6:17 PM
To: Tami Merriman
Cc: Grant Beck
Subject: Re: Appeal of Staff Decision
Thanks Tami! You too.
Misspelled from my iPhone
On May 22, 2015, at 4:09 PM, Tami Merriman <tamim@ci.yelm.wa.us> wrote:
Brent
I will be out of the office next week (5/25 – 5/29) on vacation. Grant is your contact regarding this
appeal in my absence.
I will be back in the office on June 1, 2015.
Have a great weekend.
Tami Merriman
Associate Planner
City of Yelm
105 Yelm Ave. W
Yelm, WA 98597
(360) 458-8496
tamim@ci.yelm.wa.us
22
From: Tami Merriman
Sent: Thursday, May 21, 2015 3:15 PM
To: 'Brent Dille'
Cc: Grant Beck
Subject: RE: Appeal of Staff Decision
Brent
Here is our code reference and the SIC manual classifications we discussed.
18.12.060 YMC. Site plan review is required for the use of an existing building or previously
approved site for a use that is not similar to the previous use considering the impacts of the two
uses, the Standard Industrial Code Classification Manual divisions and major groups, and the
intent of the zoning district.
SIC Manual:
Major Group 55 Automotive dealers and gasoline service stations.
This major group includes retail dealers selling new and used automobiles, boats, recreational
vehicles, utility trailers, and motorcycles; those selling new automobile parts and accessories;
and gasoline service stations. Automobile repair shops maintained by establishments engaged
in the sale of new automobiles are also included.
Group 551 Motor vehicle dealers (new and used)
Group 552 Motor vehicle dealers (used only)
Major Group 75 Automotive repair, services, and parking
This major group includes establishments primarily engaged in furnishing automotive repair,
rental leasing and services to the public.
Group 754 Automotive services
Establishments primarily engaged in furnishing automotive services, except repair and
carwashes.
Examples listed are: Auto emissions testing, road service, automotive, towing service
automotive and wrecker service (towing) automotive.
Tami Merriman
Associate Planner
City of Yelm
105 Yelm Ave. W
Yelm, WA 98597
(360) 458-8496
tamim@ci.yelm.wa.us
23
From: Brent Dille [mailto:bdille@bgwp.net]
Sent: Tuesday, May 19, 2015 4:46 PM
To: Tami Merriman
Cc: Grant Beck
Subject: RE: Appeal of Staff Decision
Hi Tami!
Give me a call at your convenience to discuss.
Talk to you soon!
Brent
Brent F. Dille
Attorney at Law
BEAN, GENTRY, WHEELER & PETERNELL, PLLC
910 Lakeridge Way SW
Olympia, Washington 98502
Phone: (360) 357-2852 Fax: (360) 786-6943
bdille@bgwp.net www.bgwp.net
The information contained in this e-mail message is intended only for the personal and confidential use
of the recipient(s) named above. This message may be an attorney-client communication and as such is
PRIVILEGED and CONFIDENTIAL. If the reader of this message is not the intended recipient or an agent
responsible for delivering it to the intended recipient, this serves as notice to you that you have received
this document in error and that any review, dissemination, distribution, or copying of this message is
strictly prohibited. If you have received this communication in error, please delete the original message
and any attachments, as well as all copies thereof, and notify us immediately.
From: Tami Merriman [mailto:tamim@ci.yelm.wa.us]
Sent: Wednesday, May 06, 2015 10:31 AM
To: Brent Dille
Cc: Grant Beck
Subject: Appeal of Staff Decision
Good Morning Brent
Grant suggested that I bring you in the loop of an appeal of an administrative decision for a local
business. I thought that I would explain what has transpired up to this date. (I may be in and out of the
office with a family matter this month, so if I don’t respond to a voice or email message, please check
with Grant)
24
Bills towing is located at 801 Yelm Ave W. The business was located here prior to our Comprehensive
plan and development regulations.
As you will read in my letter this is a preexisting nonconforming use. I gave the history of the site as we
know it.
In late December or early January, I was contacted by James Kitchen about doing a car sales lot there. I
told him that he could, but it was subject to site plan review.
A short time after that, a different gentleman called (I failed to write down his name), stated that he was
working for Mr. Trull and discussed the types of improvements that would be required for another
business to locate there. He represented himself as a project manager.
I received a phone call from an attorney, Shane Lidman representing Bills Towing inquiring why the City
denied a business at this location. I explained that the person was not denied, but that Site Plan Review
was required because a car sales lot was a change of use at the site, and that the last uses that we were
aware of in the buildings had been gone from the site for more than 18 months. (That was directly out
of our old code in effect at the time).
On March 2, 2015 Mr. Trull dropped some papers at my office (I was not in). I received a copy of a 6
month commercial lease for Ornamental Iron (a gate maker) dated January 6, 2014. (no business license
was applied for, we did not know that business was located there) Also included were copies of receipts
for rental of a motor home from May to July 2013. There was no explanation of why they were
submitted.
The first week of April, a couple came to the counter asking where they could locate a used car sales lot.
We discussed zoning and site requirements, then they said they had a prospective site, the Bills Towing
site. I told them that a car sales lot would be allowed, the site would need to go through site plan
review which includes site improvements.
On April 7, 2015 I got a phone call from Bill Trull that another prospective tenant was turned away by
the City. He said he thought his Attorney had taken care of the issue, that he gave proof of previous
tenants on the site.
I wrote the attached letter to Mr. Trull explaining what we would consider similar uses and what we
would consider a change of use. This letter is considered an administrative decision which can be
appealed. And it has.
Your thoughts?
Tami Merriman
Associate Planner
City of Yelm
105 Yelm Ave. W
Yelm, WA 98597
(360) 458-8496
tamim@ci.yelm.wa.us
25
26
Tami Merriman
From:Brent Dille [bdille@bgwp.net]
Sent:Friday, May 22, 2015 6:17 PM
To:Tami Merriman
Cc:Grant Beck
Subject:Re: Appeal of Staff Decision
Thanks Tami! You too.
Misspelled from my iPhone
On May 22, 2015, at 4:09 PM, Tami Merriman <tamim@ci.yelm.wa.us> wrote:
Brent
I will be out of the office next week (5/25 – 5/29) on vacation. Grant is your contact regarding this
appeal in my absence.
I will be back in the office on June 1, 2015.
Have a great weekend.
Tami Merriman
Associate Planner
City of Yelm
105 Yelm Ave. W
Yelm, WA 98597
(360) 458-8496
tamim@ci.yelm.wa.us
From: Tami Merriman
Sent: Thursday, May 21, 2015 3:15 PM
To: 'Brent Dille'
Cc: Grant Beck
Subject: RE: Appeal of Staff Decision
Brent
Here is our code reference and the SIC manual classifications we discussed.
18.12.060 YMC. Site plan review is required for the use of an existing building or previously
approved site for a use that is not similar to the previous use considering the impacts of the two
uses, the Standard Industrial Code Classification Manual divisions and major groups, and the
intent of the zoning district.
SIC Manual:
Major Group 55 Automotive dealers and gasoline service stations.
27
This major group includes retail dealers selling new and used automobiles, boats, recreational
vehicles, utility trailers, and motorcycles; those selling new automobile parts and accessories;
and gasoline service stations. Automobile repair shops maintained by establishments engaged
in the sale of new automobiles are also included.
Group 551 Motor vehicle dealers (new and used)
Group 552 Motor vehicle dealers (used only)
Major Group 75 Automotive repair, services, and parking
This major group includes establishments primarily engaged in furnishing automotive repair,
rental leasing and services to the public.
Group 754 Automotive services
Establishments primarily engaged in furnishing automotive services, except repair and
carwashes.
Examples listed are: Auto emissions testing, road service, automotive, towing service
automotive and wrecker service (towing) automotive.
Tami Merriman
Associate Planner
City of Yelm
105 Yelm Ave. W
Yelm, WA 98597
(360) 458-8496
tamim@ci.yelm.wa.us
From: Brent Dille [mailto:bdille@bgwp.net]
Sent: Tuesday, May 19, 2015 4:46 PM
To: Tami Merriman
Cc: Grant Beck
Subject: RE: Appeal of Staff Decision
Hi Tami!
Give me a call at your convenience to discuss.
Talk to you soon!
Brent
Brent F. Dille
Attorney at Law
BEAN, GENTRY, WHEELER & PETERNELL, PLLC
28
910 Lakeridge Way SW
Olympia, Washington 98502
Phone: (360) 357-2852 Fax: (360) 786-6943
bdille@bgwp.net www.bgwp.net
The information contained in this e-mail message is intended only for the personal and confidential use
of the recipient(s) named above. This message may be an attorney-client communication and as such is
PRIVILEGED and CONFIDENTIAL. If the reader of this message is not the intended recipient or an agent
responsible for delivering it to the intended recipient, this serves as notice to you that you have received
this document in error and that any review, dissemination, distribution, or copying of this message is
strictly prohibited. If you have received this communication in error, please delete the original message
and any attachments, as well as all copies thereof, and notify us immediately.
From: Tami Merriman [mailto:tamim@ci.yelm.wa.us]
Sent: Wednesday, May 06, 2015 10:31 AM
To: Brent Dille
Cc: Grant Beck
Subject: Appeal of Staff Decision
Good Morning Brent
Grant suggested that I bring you in the loop of an appeal of an administrative decision for a local
business. I thought that I would explain what has transpired up to this date. (I may be in and out of the
office with a family matter this month, so if I don’t respond to a voice or email message, please check
with Grant)
Bills towing is located at 801 Yelm Ave W. The business was located here prior to our Comprehensive
plan and development regulations.
As you will read in my letter this is a preexisting nonconforming use. I gave the history of the site as we
know it.
In late December or early January, I was contacted by James Kitchen about doing a car sales lot there. I
told him that he could, but it was subject to site plan review.
A short time after that, a different gentleman called (I failed to write down his name), stated that he was
working for Mr. Trull and discussed the types of improvements that would be required for another
business to locate there. He represented himself as a project manager.
I received a phone call from an attorney, Shane Lidman representing Bills Towing inquiring why the City
denied a business at this location. I explained that the person was not denied, but that Site Plan Review
was required because a car sales lot was a change of use at the site, and that the last uses that we were
aware of in the buildings had been gone from the site for more than 18 months. (That was directly out
of our old code in effect at the time).
On March 2, 2015 Mr. Trull dropped some papers at my office (I was not in). I received a copy of a 6
month commercial lease for Ornamental Iron (a gate maker) dated January 6, 2014. (no business license
was applied for, we did not know that business was located there) Also included were copies of receipts
for rental of a motor home from May to July 2013. There was no explanation of why they were
submitted.
The first week of April, a couple came to the counter asking where they could locate a used car sales lot.
We discussed zoning and site requirements, then they said they had a prospective site, the Bills Towing
29
site. I told them that a car sales lot would be allowed, the site would need to go through site plan
review which includes site improvements.
On April 7, 2015 I got a phone call from Bill Trull that another prospective tenant was turned away by
the City. He said he thought his Attorney had taken care of the issue, that he gave proof of previous
tenants on the site.
I wrote the attached letter to Mr. Trull explaining what we would consider similar uses and what we
would consider a change of use. This letter is considered an administrative decision which can be
appealed. And it has.
Your thoughts?
Tami Merriman
Associate Planner
City of Yelm
105 Yelm Ave. W
Yelm, WA 98597
(360) 458-8496
tamim@ci.yelm.wa.us
30
Tami Merriman
From:Tami Merriman
Sent:Friday, May 22, 2015 4:08 PM
To:'Brent Dille'
Cc:Grant Beck
Subject:RE: Appeal of Staff Decision
Brent
I will be out of the office next week (5/25 – 5/29) on vacation. Grant is your contact regarding this appeal in my
absence.
I will be back in the office on June 1, 2015.
Have a great weekend.
Tami Merriman
Associate Planner
City of Yelm
105 Yelm Ave. W
Yelm, WA 98597
(360) 458-8496
tamim@ci.yelm.wa.us
From: Tami Merriman
Sent: Thursday, May 21, 2015 3:15 PM
To: 'Brent Dille'
Cc: Grant Beck
Subject: RE: Appeal of Staff Decision
Brent
Here is our code reference and the SIC manual classifications we discussed.
18.12.060 YMC. Site plan review is required for the use of an existing building or previously approved site for
a use that is not similar to the previous use considering the impacts of the two uses, the Standard Industrial
Code Classification Manual divisions and major groups, and the intent of the zoning district.
SIC Manual:
Major Group 55 Automotive dealers and gasoline service stations.
This major group includes retail dealers selling new and used automobiles, boats, recreational vehicles, utility
trailers, and motorcycles; those selling new automobile parts and accessories; and gasoline service stations.
Automobile repair shops maintained by establishments engaged in the sale of new automobiles are also
included.
Group 551 Motor vehicle dealers (new and used)
Group 552 Motor vehicle dealers (used only)
31
Major Group 75 Automotive repair, services, and parking
This major group includes establishments primarily engaged in furnishing automotive repair, rental leasing and
services to the public.
Group 754 Automotive services
Establishments primarily engaged in furnishing automotive services, except repair and carwashes.
Examples listed are: Auto emissions testing, road service, automotive, towing service automotive and
wrecker service (towing) automotive.
Tami Merriman
Associate Planner
City of Yelm
105 Yelm Ave. W
Yelm, WA 98597
(360) 458-8496
tamim@ci.yelm.wa.us
From: Brent Dille [mailto:bdille@bgwp.net]
Sent: Tuesday, May 19, 2015 4:46 PM
To: Tami Merriman
Cc: Grant Beck
Subject: RE: Appeal of Staff Decision
Hi Tami!
Give me a call at your convenience to discuss.
Talk to you soon!
Brent
Brent F. Dille
Attorney at Law
BEAN, GENTRY, WHEELER & PETERNELL, PLLC
910 Lakeridge Way SW
Olympia, Washington 98502
Phone: (360) 357-2852 Fax: (360) 786-6943
bdille@bgwp.net www.bgwp.net
The information contained in this e-mail message is intended only for the personal and confidential use of the
recipient(s) named above. This message may be an attorney-client communication and as such is PRIVILEGED and
CONFIDENTIAL. If the reader of this message is not the intended recipient or an agent responsible for delivering it to the
32
intended recipient, this serves as notice to you that you have received this document in error and that any review,
dissemination, distribution, or copying of this message is strictly prohibited. If you have received this communication in
error, please delete the original message and any attachments, as well as all copies thereof, and notify us immediately.
From: Tami Merriman [mailto:tamim@ci.yelm.wa.us]
Sent: Wednesday, May 06, 2015 10:31 AM
To: Brent Dille
Cc: Grant Beck
Subject: Appeal of Staff Decision
Good Morning Brent
Grant suggested that I bring you in the loop of an appeal of an administrative decision for a local business. I thought
that I would explain what has transpired up to this date. (I may be in and out of the office with a family matter this
month, so if I don’t respond to a voice or email message, please check with Grant)
Bills towing is located at 801 Yelm Ave W. The business was located here prior to our Comprehensive plan and
development regulations.
As you will read in my letter this is a preexisting nonconforming use. I gave the history of the site as we know it.
In late December or early January, I was contacted by James Kitchen about doing a car sales lot there. I told him that he
could, but it was subject to site plan review.
A short time after that, a different gentleman called (I failed to write down his name), stated that he was working for Mr.
Trull and discussed the types of improvements that would be required for another business to locate there. He
represented himself as a project manager.
I received a phone call from an attorney, Shane Lidman representing Bills Towing inquiring why the City denied a
business at this location. I explained that the person was not denied, but that Site Plan Review was required because a
car sales lot was a change of use at the site, and that the last uses that we were aware of in the buildings had been gone
from the site for more than 18 months. (That was directly out of our old code in effect at the time).
On March 2, 2015 Mr. Trull dropped some papers at my office (I was not in). I received a copy of a 6 month commercial
lease for Ornamental Iron (a gate maker) dated January 6, 2014. (no business license was applied for, we did not know
that business was located there) Also included were copies of receipts for rental of a motor home from May to July
2013. There was no explanation of why they were submitted.
The first week of April, a couple came to the counter asking where they could locate a used car sales lot. We discussed
zoning and site requirements, then they said they had a prospective site, the Bills Towing site. I told them that a car
sales lot would be allowed, the site would need to go through site plan review which includes site improvements.
On April 7, 2015 I got a phone call from Bill Trull that another prospective tenant was turned away by the City. He said
he thought his Attorney had taken care of the issue, that he gave proof of previous tenants on the site.
I wrote the attached letter to Mr. Trull explaining what we would consider similar uses and what we would consider a
change of use. This letter is considered an administrative decision which can be appealed. And it has.
Your thoughts?
Tami Merriman
Associate Planner
City of Yelm
33
105 Yelm Ave. W
Yelm, WA 98597
(360) 458-8496
tamim@ci.yelm.wa.us
34
Tami Merriman
From:Tami Merriman
Sent:Thursday, May 21, 2015 3:15 PM
To:'Brent Dille'
Cc:Grant Beck
Subject:RE: Appeal of Staff Decision
Brent
Here is our code reference and the SIC manual classifications we discussed.
18.12.060 YMC. Site plan review is required for the use of an existing building or previously approved site for
a use that is not similar to the previous use considering the impacts of the two uses, the Standard Industrial
Code Classification Manual divisions and major groups, and the intent of the zoning district.
SIC Manual:
Major Group 55 Automotive dealers and gasoline service stations.
This major group includes retail dealers selling new and used automobiles, boats, recreational vehicles, utility
trailers, and motorcycles; those selling new automobile parts and accessories; and gasoline service stations.
Automobile repair shops maintained by establishments engaged in the sale of new automobiles are also
included.
Group 551 Motor vehicle dealers (new and used)
Group 552 Motor vehicle dealers (used only)
Major Group 75 Automotive repair, services, and parking
This major group includes establishments primarily engaged in furnishing automotive repair, rental leasing and
services to the public.
Group 754 Automotive services
Establishments primarily engaged in furnishing automotive services, except repair and carwashes.
Examples listed are: Auto emissions testing, road service, automotive, towing service automotive and
wrecker service (towing) automotive.
Tami Merriman
Associate Planner
City of Yelm
105 Yelm Ave. W
Yelm, WA 98597
(360) 458-8496
tamim@ci.yelm.wa.us
35
From: Brent Dille [mailto:bdille@bgwp.net]
Sent: Tuesday, May 19, 2015 4:46 PM
To: Tami Merriman
Cc: Grant Beck
Subject: RE: Appeal of Staff Decision
Hi Tami!
Give me a call at your convenience to discuss.
Talk to you soon!
Brent
Brent F. Dille
Attorney at Law
BEAN, GENTRY, WHEELER & PETERNELL, PLLC
910 Lakeridge Way SW
Olympia, Washington 98502
Phone: (360) 357-2852 Fax: (360) 786-6943
bdille@bgwp.net www.bgwp.net
The information contained in this e-mail message is intended only for the personal and confidential use of the
recipient(s) named above. This message may be an attorney-client communication and as such is PRIVILEGED and
CONFIDENTIAL. If the reader of this message is not the intended recipient or an agent responsible for delivering it to the
intended recipient, this serves as notice to you that you have received this document in error and that any review,
dissemination, distribution, or copying of this message is strictly prohibited. If you have received this communication in
error, please delete the original message and any attachments, as well as all copies thereof, and notify us immediately.
From: Tami Merriman [mailto:tamim@ci.yelm.wa.us]
Sent: Wednesday, May 06, 2015 10:31 AM
To: Brent Dille
Cc: Grant Beck
Subject: Appeal of Staff Decision
Good Morning Brent
Grant suggested that I bring you in the loop of an appeal of an administrative decision for a local business. I thought
that I would explain what has transpired up to this date. (I may be in and out of the office with a family matter this
month, so if I don’t respond to a voice or email message, please check with Grant)
Bills towing is located at 801 Yelm Ave W. The business was located here prior to our Comprehensive plan and
development regulations.
As you will read in my letter this is a preexisting nonconforming use. I gave the history of the site as we know it.
In late December or early January, I was contacted by James Kitchen about doing a car sales lot there. I told him that he
could, but it was subject to site plan review.
A short time after that, a different gentleman called (I failed to write down his name), stated that he was working for Mr.
Trull and discussed the types of improvements that would be required for another business to locate there. He
represented himself as a project manager.
36
I received a phone call from an attorney, Shane Lidman representing Bills Towing inquiring why the City denied a
business at this location. I explained that the person was not denied, but that Site Plan Review was required because a
car sales lot was a change of use at the site, and that the last uses that we were aware of in the buildings had been gone
from the site for more than 18 months. (That was directly out of our old code in effect at the time).
On March 2, 2015 Mr. Trull dropped some papers at my office (I was not in). I received a copy of a 6 month commercial
lease for Ornamental Iron (a gate maker) dated January 6, 2014. (no business license was applied for, we did not know
that business was located there) Also included were copies of receipts for rental of a motor home from May to July
2013. There was no explanation of why they were submitted.
The first week of April, a couple came to the counter asking where they could locate a used car sales lot. We discussed
zoning and site requirements, then they said they had a prospective site, the Bills Towing site. I told them that a car
sales lot would be allowed, the site would need to go through site plan review which includes site improvements.
On April 7, 2015 I got a phone call from Bill Trull that another prospective tenant was turned away by the City. He said
he thought his Attorney had taken care of the issue, that he gave proof of previous tenants on the site.
I wrote the attached letter to Mr. Trull explaining what we would consider similar uses and what we would consider a
change of use. This letter is considered an administrative decision which can be appealed. And it has.
Your thoughts?
Tami Merriman
Associate Planner
City of Yelm
105 Yelm Ave. W
Yelm, WA 98597
(360) 458-8496
tamim@ci.yelm.wa.us
37
Tami Merriman
From:Brent Dille [bdille@bgwp.net]
Sent:Tuesday, May 19, 2015 4:46 PM
To:Tami Merriman
Cc:Grant Beck
Subject:RE: Appeal of Staff Decision
Hi Tami!
Give me a call at your convenience to discuss.
Talk to you soon!
Brent
Brent F. Dille
Attorney at Law
BEAN, GENTRY, WHEELER & PETERNELL, PLLC
910 Lakeridge Way SW
Olympia, Washington 98502
Phone: (360) 357-2852 Fax: (360) 786-6943
bdille@bgwp.net www.bgwp.net
The information contained in this e-mail message is intended only for the personal and confidential use of the
recipient(s) named above. This message may be an attorney-client communication and as such is PRIVILEGED and
CONFIDENTIAL. If the reader of this message is not the intended recipient or an agent responsible for delivering it to the
intended recipient, this serves as notice to you that you have received this document in error and that any review,
dissemination, distribution, or copying of this message is strictly prohibited. If you have received this communication in
error, please delete the original message and any attachments, as well as all copies thereof, and notify us immediately.
From: Tami Merriman [mailto:tamim@ci.yelm.wa.us]
Sent: Wednesday, May 06, 2015 10:31 AM
To: Brent Dille
Cc: Grant Beck
Subject: Appeal of Staff Decision
Good Morning Brent
Grant suggested that I bring you in the loop of an appeal of an administrative decision for a local business. I thought
that I would explain what has transpired up to this date. (I may be in and out of the office with a family matter this
month, so if I don’t respond to a voice or email message, please check with Grant)
Bills towing is located at 801 Yelm Ave W. The business was located here prior to our Comprehensive plan and
development regulations.
As you will read in my letter this is a preexisting nonconforming use. I gave the history of the site as we know it.
In late December or early January, I was contacted by James Kitchen about doing a car sales lot there. I told him that he
could, but it was subject to site plan review.
38
A short time after that, a different gentleman called (I failed to write down his name), stated that he was working for Mr.
Trull and discussed the types of improvements that would be required for another business to locate there. He
represented himself as a project manager.
I received a phone call from an attorney, Shane Lidman representing Bills Towing inquiring why the City denied a
business at this location. I explained that the person was not denied, but that Site Plan Review was required because a
car sales lot was a change of use at the site, and that the last uses that we were aware of in the buildings had been gone
from the site for more than 18 months. (That was directly out of our old code in effect at the time).
On March 2, 2015 Mr. Trull dropped some papers at my office (I was not in). I received a copy of a 6 month commercial
lease for Ornamental Iron (a gate maker) dated January 6, 2014. (no business license was applied for, we did not know
that business was located there) Also included were copies of receipts for rental of a motor home from May to July
2013. There was no explanation of why they were submitted.
The first week of April, a couple came to the counter asking where they could locate a used car sales lot. We discussed
zoning and site requirements, then they said they had a prospective site, the Bills Towing site. I told them that a car
sales lot would be allowed, the site would need to go through site plan review which includes site improvements.
On April 7, 2015 I got a phone call from Bill Trull that another prospective tenant was turned away by the City. He said
he thought his Attorney had taken care of the issue, that he gave proof of previous tenants on the site.
I wrote the attached letter to Mr. Trull explaining what we would consider similar uses and what we would consider a
change of use. This letter is considered an administrative decision which can be appealed. And it has.
Your thoughts?
Tami Merriman
Associate Planner
City of Yelm
105 Yelm Ave. W
Yelm, WA 98597
(360) 458-8496
tamim@ci.yelm.wa.us
39
Tami Merriman
From:Brent Dille [bdille@bgwp.net]
Sent:Friday, May 08, 2015 8:28 AM
To:Tami Merriman
Cc:Grant Beck
Subject:Re: Appeal of Staff Decision
I'm in a planning conference today but will call during a break.
Misspelled from my iPhone
On May 6, 2015, at 10:32 AM, Tami Merriman <tamim@ci.yelm.wa.us> wrote:
Good Morning Brent
Grant suggested that I bring you in the loop of an appeal of an administrative decision for a local
business. I thought that I would explain what has transpired up to this date. (I may be in and out of the
office with a family matter this month, so if I don’t respond to a voice or email message, please check
with Grant)
Bills towing is located at 801 Yelm Ave W. The business was located here prior to our Comprehensive
plan and development regulations.
As you will read in my letter this is a preexisting nonconforming use. I gave the history of the site as we
know it.
In late December or early January, I was contacted by James Kitchen about doing a car sales lot there. I
told him that he could, but it was subject to site plan review.
A short time after that, a different gentleman called (I failed to write down his name), stated that he was
working for Mr. Trull and discussed the types of improvements that would be required for another
business to locate there. He represented himself as a project manager.
I received a phone call from an attorney, Shane Lidman representing Bills Towing inquiring why the City
denied a business at this location. I explained that the person was not denied, but that Site Plan Review
was required because a car sales lot was a change of use at the site, and that the last uses that we were
aware of in the buildings had been gone from the site for more than 18 months. (That was directly out
of our old code in effect at the time).
On March 2, 2015 Mr. Trull dropped some papers at my office (I was not in). I received a copy of a 6
month commercial lease for Ornamental Iron (a gate maker) dated January 6, 2014. (no business license
was applied for, we did not know that business was located there) Also included were copies of receipts
for rental of a motor home from May to July 2013. There was no explanation of why they were
submitted.
The first week of April, a couple came to the counter asking where they could locate a used car sales lot.
We discussed zoning and site requirements, then they said they had a prospective site, the Bills Towing
site. I told them that a car sales lot would be allowed, the site would need to go through site plan
review which includes site improvements.
On April 7, 2015 I got a phone call from Bill Trull that another prospective tenant was turned away by
the City. He said he thought his Attorney had taken care of the issue, that he gave proof of previous
tenants on the site.
40
I wrote the attached letter to Mr. Trull explaining what we would consider similar uses and what we
would consider a change of use. This letter is considered an administrative decision which can be
appealed. And it has.
Your thoughts?
Tami Merriman
Associate Planner
City of Yelm
105 Yelm Ave. W
Yelm, WA 98597
(360) 458-8496
tamim@ci.yelm.wa.us
<Bills Towing Appeal.pdf>
41
Tami Merriman
From:Tami Merriman
Sent:Wednesday, May 06, 2015 10:31 AM
To:'Brent Dille'
Cc:Grant Beck
Subject:Appeal of Staff Decision
Attachments:Bills Towing Appeal.pdf
Good Morning Brent
Grant suggested that I bring you in the loop of an appeal of an administrative decision for a local business. I thought
that I would explain what has transpired up to this date. (I may be in and out of the office with a family matter this
month, so if I don’t respond to a voice or email message, please check with Grant)
Bills towing is located at 801 Yelm Ave W. The business was located here prior to our Comprehensive plan and
development regulations.
As you will read in my letter this is a preexisting nonconforming use. I gave the history of the site as we know it.
In late December or early January, I was contacted by James Kitchen about doing a car sales lot there. I told him that he
could, but it was subject to site plan review.
A short time after that, a different gentleman called (I failed to write down his name), stated that he was working for Mr.
Trull and discussed the types of improvements that would be required for another business to locate there. He
represented himself as a project manager.
I received a phone call from an attorney, Shane Lidman representing Bills Towing inquiring why the City denied a
business at this location. I explained that the person was not denied, but that Site Plan Review was required because a
car sales lot was a change of use at the site, and that the last uses that we were aware of in the buildings had been gone
from the site for more than 18 months. (That was directly out of our old code in effect at the time).
On March 2, 2015 Mr. Trull dropped some papers at my office (I was not in). I received a copy of a 6 month commercial
lease for Ornamental Iron (a gate maker) dated January 6, 2014. (no business license was applied for, we did not know
that business was located there) Also included were copies of receipts for rental of a motor home from May to July
2013. There was no explanation of why they were submitted.
The first week of April, a couple came to the counter asking where they could locate a used car sales lot. We discussed
zoning and site requirements, then they said they had a prospective site, the Bills Towing site. I told them that a car
sales lot would be allowed, the site would need to go through site plan review which includes site improvements.
On April 7, 2015 I got a phone call from Bill Trull that another prospective tenant was turned away by the City. He said
he thought his Attorney had taken care of the issue, that he gave proof of previous tenants on the site.
I wrote the attached letter to Mr. Trull explaining what we would consider similar uses and what we would consider a
change of use. This letter is considered an administrative decision which can be appealed. And it has.
Your thoughts?
Tami Merriman
Associate Planner
City of Yelm
105 Yelm Ave. W
42
Yelm, WA 98597
(360) 458-8496
tamim@ci.yelm.wa.us
43
Tami Merriman
From:Grant Beck
Sent:Monday, April 13, 2015 4:54 PM
To:Tami Merriman
Subject:RE: Bills towing
I’m good, did the edits make sense?
Grant Beck, Director of Community Development
City of Yelm | 105 Yelm Avenue West | Yelm, WA 98597 | www.ci.yelm.wa.us
(360) 458-8408 | (360) 458-3144 FAX | grantb@ci.yelm.wa.us
From: Tami Merriman
Sent: Monday, April 13, 2015 4:52 PM
To: Grant Beck
Subject: Bills towing
I think I could read the rest of your edits.
Tami Merriman
Associate Planner
City of Yelm
105 Yelm Ave. W
Yelm, WA 98597
(360) 458-8496
tamim@ci.yelm.wa.us
44
Tami Merriman
From:Tami Merriman
Sent:Monday, April 13, 2015 4:52 PM
To:Grant Beck
Subject:Bills towing
Attachments:Bill's Towing ltr 04.14.15.docx
I think I could read the rest of your edits.
Tami Merriman
Associate Planner
City of Yelm
105 Yelm Ave. W
Yelm, WA 98597
(360) 458-8496
tamim@ci.yelm.wa.us
45
Tami Merriman
From:Grant Beck
Sent:Tuesday, April 07, 2015 1:04 PM
To:Tami Merriman
Subject:RE: (Unknown) 0:48 Call Answering
All communication to this point has been via voicemail or phone calls, right (including
the Attorney).
If so, draft a letter explaining why the car lot would require SPR and what could go in
without a SPR because it is grandfathered and give him a chance to appeal that decision.
If we have something in writing from his attorney, send it all to Brent and have him
make contact with the Attorney.
Does that sound right?
Grant Beck, Director of Community Development
City of Yelm | 105 Yelm Avenue West | Yelm, WA 98597 | www.ci.yelm.wa.us
(360) 458-8408 | (360) 458-3144 FAX | grantb@ci.yelm.wa.us
From: Tami Merriman
Sent: Tuesday, April 07, 2015 12:59 PM
To: Grant Beck
Subject: FW: (Unknown) 0:48 Call Answering
Voice mail from Bill at Bills towing
My email to you last month
I think this just might blow up soon.
I am not sure how many times that I can say it, and I NEVER told the attorney that proof of rental would take care of
everything….
Shall I tell Bill to come in for a presubmission meeting to have a car sales lot at his site? I am not sure how to get
something in writing for him to go on.
Tami Merriman
Associate Planner
City of Yelm
105 Yelm Ave. W
Yelm, WA 98597
(360) 458-8496
tamim@ci.yelm.wa.us
46
From: Unknown
Sent: Tuesday, April 07, 2015 12:23 PM
To: Meriman,Tami
Subject: (Unknown) 0:48 Call Answering
47
Tami Merriman
From:Tami Merriman
Sent:Friday, February 27, 2015 3:53 PM
To:Grant Beck
Subject:Phone call from Attorney
Received a phone call this afternoon from a shane lidman (spelling?)
He has been contacted by Bill Trull stating that we are blocking him from renting his building.
I explained the pre-existing, non-conforming use, then I explained that the new tenant would require site plan review as
the bldg has been vacant for more than 18 months. He asked if they showed proof that it has not been vacant for 18
months, could he get a waiver. I told him that was not a determination that I would make over the phone. I told him
that we would allow any business that met the zoning requirements on the site, through the site plan review process.
He then said that Bill Trull has received a couple citations for non compliance signage, and that even the mayor had
come down to talk to him about his sign. He used the chamber sign as an example. I told him that I didn’t enforce the
sign code, however that the chamber sign is regulated separately, then had him speak with Gary.
Tami Merriman
Associate Planner
City of Yelm
105 Yelm Ave. W
Yelm, WA 98597
(360) 458-8496
tamim@ci.yelm.wa.us
48