20150342 Appeal Submittal 120720151
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ISM
BEFORE THE HEARING EXAMINER
IN AND FOR THE CITY OF YELM
IN THE MATTER OF JOHN BICHLER
APPEAL OF ADMINISTRATIVE
DECISION: 109 93RD STREET SE,
YELM, WASHINGTON
John Bichler appeals the November 17, 2015 official determination of the Communi
Development Department that denied the request to add recreational vehicle services to tl
existing auto - detailing shop. The following information is provided in accordance with YM
18.10.100F:
1. Applicant's name, address, and phone number:
Property Owner: Legal Representative:
John Bichler Allen T. Miller
105 West I" Street Law Offices of Allen T. Miller PLLC
Ryderwood, WA 98581 1801 West Bay Drive NW, #205
Tel: 360 - 789 -9085 Olympia, WA 98501
Tel: 360 - 754 -9156
Fax: 360 - 754 -9472
Email: allen @atmlawoffice.com
APPEAL TO HEARING
EXAMINER 1 of 3 LAW OFFICES OF ALLEN T. MILLER, PLLC
1801 West Bay Dr. NW Suite 205
Olympia, WA 98502
(360)754-9156, Fax (360)754-9472
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2. Statement describing appellant's standing to bring the appeal:
Appellant is the owner of the commercial property at 109 93`d Avenue, Yelm.
J Appellant is an interested party regarding the denial of the request for recreational veh
servicing to the auto repair businesses. Appellant has previously leased his commercial
to recreational vehicle servicing businesses and retail sales.
13. Identification of the decision that is being appealed:
On November 17, 2015, Tami Meriman, Associate Planner, Community
Department issued an official determination letter that denied the operation of the recreatio
vehicle service business on the property. (SEE EXHIBIT 1.)
4. Grounds of the appeal and facts upon which the appeal is based:
Appellant's commercial property at 109 93`d Avenue SE has previously been the site of
recreational vehicle servicing business and retail sales. That former business prospered and wa
not the subject of any complaints or adverse action by the city.
The property is currently zoned Commercial C -1, chapter 18.36 YMC. A Commercial C -1
Zone provides for the location of business centers to serve the needs of the community for good
and services. The property is approximately 1.06 acres. There are two buildings on the property.
The buildings house a variety of commercial uses, including auto repair and a muffler slop.
(SEE EXHIBIT 2.)
The recreational vehicle service business would be for the sale, maintenance, and storage of
vehicles. Maintenance and storage is an allowed use in the C -1 zone. The addition o
recreational vehicle servicing to the existing automobile repair businesses would not result in ail
adverse impacts to the surrounding area.
The C -1 zone allows automobile repair businesses. A recreational vehicle service business
allowed as a type of automobile repair facility.
APPEAL TO HEARING
EXAMINER 2 of 3 LAW OFFICES OF ALLEN T. MILLER, PLLC
1801 West Bay Dr. NW Suite 205
Olympia, WA 98502
(360)754-9156, Fax (360)754-9472
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5. Relief sou hit.
Appellant requests that the city approve the additional business use.
Additional Request: Waiver of fees
Pursuant to the Yelm Municipal Code, the fee for administrative appeals is $1,250.00. 1
Appellant requests a waiver of the fee under the YMC. The appellant is the property owner a
payment of the fee is an economic hardship because of the inability to rent the property.
6. Appellant's certification:
I, John Bichler, have read the above appeal and I bel'eve the contents to be true and correct.
Date: December 7, 2015 F
ohn Bich er
Dated: 7
LAW OFFICES OF ALLEN T. MILLER, PLLC
A t I - -,I ' ( cJ
Allen T. Miller, WSBA # 12936
Attorney for Plaintiffs
APPEAL TO HEARING
EXAMINER 3 of 3 LAW OFFICES OF ALLEN T. MILLER, PLLC
1801 West Bay Dr. NW Suite 205
Olympia, WA 98502
(360)754-9156, Fax (360)754-9472
EXHIBIT 1
'�'r�rBF Tim P�
YEi�M
W.:. ::IiNUZ'OH
November 17, 2015
John Bichler
105 West 1St Street
Ryderwood, WA 98581
City of Yelm
Community Development Department
105 Yelm Avenue West
Yelm, WA 98597
Re: 10993 rd Ave SE Yelm, WA 98597
Dear Mr. Bichler:
I am writing this letter to clarify the permitting requirements for additional tenants or change of
land use at your parcel located at 109 93rd Ave, SE, Yelm. The property is zoned Commercial (C-
1) Chapter 18.36 Yelm Municipal Code (YMC).
The two buildings on the site were constructed in the early nineties, prior to the adoption of
the Yelm Comprehensive Plan and Development Regulations. Throughout the years, the site
has been used for auto repair. The auto repair businesses are considered pre- existing non-
conforming uses. A pre- existing non - conforming use or site may not be enlarged, expanded or
extended in a manner which would increase the nonconforming aspects of the structure.
[Section 18.01.090 (B) YMC]. A non - conforming use shall be deemed abandoned by
discontinuance or abandonment for a period of 18 consecutive months, and any subsequent
future use of such land or buildings shall be in conformity with the provisions of this title.
Similar uses based on the Standard Industrial Classification Manual, that do not include
expansion of buildings, additional tenants, or the use of outdoor display area would be allowed
outright with a business license. This would include automobile repair, automotive services,
such as car wash or detailing, and automobile rental and leasing.
Expansion or use not similar to the pre- existing auto repair businesses, such as a retail
establishment, would require the issuance of a site plan approval pursuant to Section 18.10.050
YMC. In this instance, site improvements include, but are not limited to, connection to City
utilities, frontage (street) improvements, paved parking and landscaping.
Recreational vehicle sales, service and storage is not allowed in the C -1 zone, as it is listed as an
allowed use in the C -2 and C -3 zones.
4 ! r (360) 458 -3835
S t C., C l A /-P_ i ' 1 ri iV J`, (360) 458 -3144 FAX
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www.ci.yelm.wa.us
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The Community Development Department offers a presubmission meeting, free of charge, for
those wishing to find out what will be required to operate a business at a specific site. If you
have any prospective tenant, we would be happy to meet with them and you to discuss what
improvements or permitting would be required based on the proposed use.
This letter is an official determination and may be appealed within 21 days of the date of this
letter. [Section 18.10.100 YMC -attached]
If you have any questions, or wish to pursue an appeal, please contact me at 360.458.8496.
Sincerely,
i'
Tami Merriman, Associate Planner
Community Development Department
November 5, 2015 Page 2 of 2
EXHIBIT 2
11/17/2015
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11/17/2015
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