20150342 Staff Report to HE W
Case Number: 20150342 Bichler Appeal of Staff Determination
Applicant: John Bichler
105 West 1st Street
Ryderwood, WA 98581
Agent: Allen T. Miller
Law Offices of Allen T.
Miller PLLC
1801 West Bay Drive NW, #205
Olympia, WA 98501
Appeal of Staff Determination
Basis of Appeal
John Bichler appeals a staff determination that recreational vehicle
sales, service and repair is not a pre-existing non-conforming use on his property located at 109 93rd Avenue SE.
Mr. Bichler states in his appeal that “he has previously leased his
property to recreational vehicle servicing and sales, and that the former business prospered and was not the subject of any complaints or adverse action by the City.” His appeal also
states that “recreational vehicle service is a similar use to vehicle maintenance service and as vehicle service is allowed on the site, so should recreational vehicle service.”
Background
On
October 21, 2015, John Bichler and Jim Losch attended a presubmission conference with the City regarding leasing a unit in the building for storage and maintenance of personal and business
vehicles, and to store, maintain and service recreational vehicles. Both Mr. Bichler and Mr. Losch were informed that the storage and maintenance of personal and business vehicles was
an allowed use, but recreational vehicle storage, maintenance and repair was not allowed in the C-1 zone. Tami Merriman, Associate Planner for the City of Yelm wrote a letter to Mr.
Bichler stating that the non-conforming use of recreational vehicle storage, maintenance, and repair at this site was considered abandoned.
Analysis
John Bichler owns the property and buildings located at 109 93rd Avenue SE, Yelm, WA 98597, identified by Assessor’s Tax Parcel Number 21724210401. The property is approximately
1.06 acres and is zoned C-1 Commercial. Historical records show that the property was in the City limits of Yelm prior to the adoption of the City of Yelm Comprehensive Plan and zoning
1995.
Thurston County tax records show the buildings on site were constructed in 1992 and 1994. Aerial photos on the Thurston County website show both buildings in 1992. The City
is unable to find building permit records for this site. Washington state building permit records are not required to be retained after completion of a project or certificate of occupancy.
In 1996 one of the buildings on site was expanded. Archived building permit logs show that an expansion/remodel permit was issued, however a copy of the permit cannot be found. There
is a letter from the City to Mr. Bichler dated November 13, 1996 that granted Mr. Bichler exemption from site plan review for the expansion, as the expansion was for storage only for
an existing business at that site. The letter further states that any future expansion, remodel or change in use at the site would require compliance with site plan review.
In 1994,
William Barrett and Ray Ross, owner of R&M RV Service and Repair attended a presubmission conference for the property located at 109 93rd Avenue to inquire about a zone change to allow
for RV Storage and Repair. The applicants were informed that they needed to apply for a zone change and a site plan review approval.
In September 2004 the City of Yelm found that Millennium
RV was operating a recreational vehicle repair and service business at 109 93rd Avenue. The business was notified that the use was in violation of the Yelm Zoning Code. The City met
with the business owner and stated that in order to conduct a recreational vehicle service, repair and storage business, a rezone of the property would be required. The business owner
was contacted again in April of 2005 to remind them that they were still not in compliance with the zoning code.
Although, not related to this appeal directly, in 2006, a business owner
leasing one of the units in this building opened a U-Haul Rental business, and was parking the rental vehicles on the unimproved lot adjacent to this. The business owner was notified
that in order to have an additional tenant on the premise, a site plan review approval was required. A site plan review application was submitted, but then they withdrew the application.
The business owner contacted the City again in 2010 to inquire about starting the U-Haul business there, as one of the units was vacant. We discussed the storage of vehicles on site,
parking and screening. It appears that the business owner did not choose to open the additional business.
GRANT… IS THIS PERTINENT, OR SHOULD I TAKE IT OUT, BUT KEEP IT IN MIND? I
AM GUESSING MR. BICHLER IS GOING TO COMPLAIN THAT THE CITY KEEPS TURNING BUSINESSES AWAY.
Findings
Mr. Bichler has standing to initiate the appeal as he is the owner of the property of which the decision is directed. [18.10.100 (E)]
The City does not dispute that recreational
vehicle service and repair has occurred on the site in the past.
The City does dispute the claim that it was not the subject of any complaints or adverse action by the City. The City
has cited the property twice for zoning violations in regards to recreational vehicle sales, service and repair.
The City does not dispute that recreational vehicle service may be a
similar use to vehicle service. The Unified Development Code, and previous zoning code versions have always listed recreational vehicle sales, service and repair as a specific use in
the C-2 and C-3 zones, but not listed as an allowed use in the C-1 zone. Because recreational vehicle sales, service, and repair is listed as an allowed use in the C-2 and C-3 zone,
but not in the C-1 zone, it is clear that it is prohibited in the C-1 zone.
Conclusion
The City of Yelm Unified Development Code at Section 18.01.090 (B) states “A non-conforming
use of a structure of land, shall not be extended or enlarged after the effective date of the ordinance codified in this title by attachment on a building or premises, or by the addition
of other uses of a nature which would be prohibited generally in the district involved. 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 provision s of this title.
The non-conforming use of RV service and
repair is considered abandoned pursuant to 18.01.090 (B).
Attachments:
Appeal Notice
Chronology
Historical documents regarding recreational vehicles at this site
Chronology
In regards to recreational vehicles at 109 93rd Avenue
Early 1990’s: Buildings constructed. No historical records found to be printed.
May 1994: William Garrett & Ray
Ross, 109 93rd Avenue Presubmission. City states that RV sales, storage and repair requires zone change. (R&M RV Service)
Nov 1996: City grants SPR exemption for expansion of building
for storage only.
2004 – 2005: Zoning violation for RV storage and repair at 109 93rd Avenue (Millennium RV)
Oct 2015: Presubmission conference, Bichler & Losch. RV not allowed.
Nov
2015: Staff written determination
Dec 2015: Notice of Appeal