20150342 Appellants Brief 021620161
2
3
4
5
6
7
8
9
1L
13
14
15
16
17
18
19
20
21
22
23
24
25
BEFORE THE CITY OF YELM
HEARING EXAMINER
In re the Matter of the Appeal o£
JOHN BICHLER,
Appellant
Of a November 17, 2015
Administrative Decision
Related to the denial of a Commercial
Business Permit on property that is zoned C -1,
Commercial and is a pre- existing non-
conforming use.
APPELLANT JOHN BICHLER' S BRIEF
IN SUPPORT OF REVERSAL OF
STAFF DECISION
Appellant John Bichler, by and through his attorneys, Allen T. Miller and the Law
rites of Allen T. Miller, PLLC, provide the following brief in support of his appeal to the
wring Examiner of the decision of the City of Yelm's Community Development Department
deny Appellant's request to add recreational vehicle services to the existing auto - detailing
)p at 109 93`d Street SE, Yelm, Washington, Thurston County Tax Parcel ID # 21724210401.
APPELLANT'S BRIEF IN Page 1 of 5 The Law Offices of Allen T. Miller,
SUPPORT OF HIS APPEAL PLLC
1801 West Bay Drive NW #205
Olympia, WA 98502
(360) 754 -9156
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
I. INTRODUCTION
Recently, a long time commercial tenant of Appellant, submitted an application for
ercial permit to conduct RV repairs at the tenant's existing automobile repair shop. Thf
ty Development Department denied the commercial permit to add RV repair to
isting automobile repair facility.
The City failed to recognize that this type of commercial use has been operated on
for many years. (SEE EXHIBIT 1.) Granting a permit for RV repair in an existi
isle repair facility is allowable under the Yelm Municipal Code. The overall project will be a
imercial tax producing asset to the city and is similar to the existing use. (SEE EXHIBIT 2.)
II. ISSUE
Whether Section 18.01.090 (B) of the Yelm Municipal Code supports approval
wing RV repair at the existing vehicle repair facility on the property?
III. ARGUMENT
A property owner should not be denied the reasonable use of his property when
;nant's request for a business permit comes within the guidelines established within the Y
unicipal Code. Under Yelm Municipal Code § 18.01.090(B):
B. Uses. A nonconforming use of a structure or 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.
APPELLANT'S BRIEF IN Page 2 of 5 The Law Offices of Allen T. Miller,
SUPPORT OF HIS APPEAL PLLC
1801 West Bay Drive NW #205
Olympia, WA 98502
(360) 754 -9156
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
The current uses on Applicant's property is a legal non - conforming use. The property i
on the west and rear by school district athletic fields and on the east by recreati
cages and a used car dealership that has been on the neighboring site for 47 years. The
ighboring site also houses a Mr. Electric. Across the street is undeveloped land.
;XHIBIT 3.)
The addition of RV repair to the existing vehicle repair shop does not require issuance
site plan review under Yelm Municipal Code §18.10.050(A). The property already
priate modern improvements such as City utilities and street frontage improvements,
Jnder Yelm Municipal Code § 18.10.040(A) only a ministerial review is required:
A. Ministerial. Projects allowed outright by the underlying zoning district
are of such a scale and character that they do not require public notice or
hearings. These projects are subject to clear and objective standards and may
require professional technical judgment.
The requested business permit by Appellant's tenant will have no negati
Mvironrnental impact on the property when operating within applicable guidelines. The proj
not prohibited by the zoning guidelines contained within the Yelm Municipal Code. '1
posal is consistent with the policies and regulations of the city and is compatible wit
ghboring land uses, and does not set an inconsistent precedent. The requested permit i
nsistent with the historical use of the parcel. (See EXHIBIT 1.)
As indicated in EXHIBIT 1, Appellant emphasizes that the Yelm Prairie Christian Cente
ffered to purchase the entire complex in August 2013, but the purchase fell through because
ity of Yelm denied a business license to the Center. (SEE EXHIBIT 4.) The City of Yeln
should not be allowed to continually prohibit Appellant's appropriate use of his property.
APPELLANT'S BRIEF IN Page 3 of 5 The Law Offices of Allen T. Miller,
SUPPORT OF HIS APPEAL PLLC
1801 West Bay Drive NW #205
Olympia, WA 98502
(360) 754 -9156
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
ity of Yelm denied a business license to the Center. (SEE EXHIBIT 4.) The City of Y
could not be allowed to continually prohibit Appellant's appropriate use of his property.
CONCLUSION
The business permit should be approved and the staff decision to deny the permi
should be reversed.
DATED this /311A day of February 2016.
ALLEN T. MILLER, WSBA #12936
Attorney for Appellant
The Law Offices of Allen T. Miller, PLLC
1801 West Bay Drive NW Ste. 205
Olympia, WA 98501
Telephone: (360)754 -9156
E -Mail: allengatmlawoffice.com
APPELLANT'S BRIEF IN Page 4 of 5 The Law Offices of Allen T. Miller,
SUPPORT OF HIS APPEAL PLLC
1801 West Bay Drive NW #205
Olympia, WA 98502
(360) 754 -9156
EXHIBIT 1
Chronolo_gV
R & M RV 1991 - 1996 - Retail sales and service /repair for RV's also sold Propane.
Quality Auto 1996 - 1998 - Auto repair and sold Propane.
Feed Store retail sales and sold Propane.
Millinium RV - 2001 - Retail sales and service /repair for RV's and sold Propane.
Cruz Auto Sales 2008 - Retail sales and repair for their sales lot in McKenna WA -
car's.
2008 - 3/2010 VACANT - due to inability to rent because all interested parties
could not get a business license with the City of Yelm.
4/2010 - 10/2010 - Chuck Rogers Recycle - metal recycling.
11/2010 - 6114/2011 VACANT - due to inabilitv to rent because all interested
parties could not get a business license with the City of Yelm.
6/15/2011 - 6/2012 - WO -Dogs Workout - Gym.
7/2012 - 8/2012 VACANT - due to inability to rent because all interested parties
could not get a business license with the Citv of Yelm.
9/2012 - 8/2013 - Donated use of building to Yelm Prairie Christian Center.
9/2013 - 1/2015 - DGB Fabrication - Retail sales and automobile modifications.
2/2015 - 10/2015 VACANT - due to inability to rent because all interested_ parties
could not get a business license with the Citv of Yelm.
11/2015 - Current - JILL Investments LLC - car and RV detail for other dealers.
EXHIBIT 2
11/17/2015
( -1
109 93rd A v P —SE
1091 93rd Rae SE- GoogleMaps
-C
10
. IN
ANA
lm2gery'9201 -3 Google, Map data Oc 2015 Googie 50 ft
Jx i an —du ft
KAI
Z.-
109 93,d A-ve SE
YeIM,I)V�,2, qFjqG'7
. OF.
D '7/@, 46.0 -122.6279086,205m/data--!3ml!193!4-i-n2i3ml!IsOY549113b49836b.
359 519806:
112
EXHIBIT 3
2/1212016
Thurston County Map Output Page
Thurston County Map
C. - -:�•j •PRA IRIE VISTA• LP SE
t?.. .{lam - �• NI �'#• ' �.n "--;1� -r•. � .
-'�
14-
Iloilo
a
o • *�- ;,�`,. tea:
a '"1" ' t:491ST AVE SE �•
s!I a ml INIM4 ••�.Y r•�
EWA
• SARAGDE 5T 5E'
93RD AVE SE
Alt
$`r
U2. ;
BI;K yAr r S Y RD SE
&APA
illftlqjr
7D,,,I',��.mctr' Thurston County makes every effort to ensure that this map is a true and accurate
ion of the work of County government. However; the County and all related
maim no warranty, expressed or implied. regarding the accuracy, completeness or
ce of any information disclosed on this map. for does the County_ accept liability
for any damage or iniury caused by the use of this map.
To the fullest extent permissible pursuant to applicable law, Thurston County disclaims all
warranties. express or implied, including, but not limited to, implied warranties ofinerchant
ability, data fitness for a particular purpose, and non- infmineerents of proprietary rights,
Under ""-circumstances, including, but not limited to, negligence, shall Thurston County be
liable Ior any direct, indirect. incidental, special or consequential damages that result from the
use of, or the inability to use, Thurston County materials.
l -htur --wa D' 2016 -Thurston County GeoData Center
GeqfmDat&,4 929 Lakeridge Drive S4V, Suite 216, 2nd Floor
C'eTit" Olympia, WA 95502 -6031
op
till Ii
ti
i
rr R
LEGEND
Major Roads S Flood Zones
Roads
V^ -ater Bodies
Stse.aius
1/1
Z��run�
3o' l,an�is
Cites
0 etland Buffers
ParrRLS
1/1
2/12/2016 Thurston County Map Output Page
Thurston County Map
PRAg11E VISTA LP SE
N
o —.
i
W
i
C
7
m
93RD AVE SE _47
Aso
BERRY VAt_�EY RD SE --
W I
91ST AVE SE - -'- f
W
O
i
W;
S
H
i
X
i
SPRAGUE ST SE
1/1
0 658ft
Disclaimer: Thurston County makes every effort to ensure that this map is a true and accurate
representation of the work of County government. However, the County and all related
LEGEND
personnel make no warranty, expressed or implied, regarding the accuracy, completeness or
convenience of any infomlation disclosed on this map. Nor does the County accept liability
Major Roads � Flood Zones
for any damage or injury caused by the use of this map.
To the fullest extent pemrissible pursuant to applicable taw, Thurston County disclaims all
Roads
warranties, express or implied, including, but not limited to, implied warranties of merchant
Watp-r Bo&es
ability, data fitness for a particular purpose, and non - infringements of proprietary rights.
S"a=
Under no circumstances, including, but not limited to, negligence, shall Thruston County be
liable for any direct, indirect, incidental, special or consequential damages that result ft-om the
�. Contours Zanm, g
use of, or the inability to use, Thurston County materials.
I h1u°vton (C 2016 - Thurston County GeoData Center
Wedand s { Nes
GrO DAtA 929 Lakeridge Drive SW, Suite 216, 2nd Floor
Center Olympia, WA 95502 -6031
Wetland suffers parcels
1/1
EXHIBIT 4
download.php http: / /webmail.fairpoirA. net /src/ download .php ?startMessage = )&passe...
® Commercial Brokers AsaoaaUOn
ALL RIGHTS RESERVED CBk
CBA Form LCI -PSA
LeCer Of Intent
Rev, 312011
Page 1 of 3
LETTER OF INTENT
Date: 0812212013
Dove Reel
(Seller's or Brokers Name)
1201 Yelm Ave E. s to 400 Box 241
.Kelm Wa,_98597 _
(Address)
Re Intent to Purchase 109 93rd ave. SW. Yelrrr Wa. 98590 Burldlrrc s a►rd lands with al! ri hts.
{lJes�riptian of Property)
Dear Mr. John Bichler
We represent Yelm_Prairie Christian Center __ ( "Buyer) Buyer proposes to
enter into a definitive agreement for the purchase ❑f the property lega ly described on attached Exhibit A (the
"Property ") on the following terms (the "Agreement').
I Purchase Price The purchase price shall be Qne Million rwo Hundred Thousand dollars cash
Dollars (5 9,200 000.00 ) playable as follows:
nuary and 5
2014.
2 Earnest Money Buyer will deposit _
Do.3rs ($ 10.000.00 in the form of
cash personal check A promissory note cue on the satisfaction or waiver of the contingencies described
below to be held by broker Xclosing agent as Earnest Money
3 Contingencies. Buyer's obligat!on to purchase z e Property shall be contingent upon the following:
atmmit.fuadalrx Jartua. v2914 — — -
eaC T_[ ftL er-Pvr- YnaS�_ghcL5gle a Ire
(a) Feasibility. Buyer shall have f-n # 3 days to detern,•ine in its sole discretion whether the
Property is feasible for Buyer's purposes. Buyer and its agents shall be fermated to enter the Property during the
contingency period for inspection
(b) Title. Immediately after mutual execution of Agreement. Seller shall obtain a preliminary
commitment for owners X standard extended coverage tit'e tnsurarsce from Stewart Tumwater
__ it Title Insurance Company. Buyer shall notify Seiler of any objectionable matters in the
title _ commm_ ent or any supplemental report within twenty (20) days of mutual acceptance or earlier expiration of
the feasibility contingency. The Agreement shall terminate unless: (i) within five (5) days of Buyer's notice of such
objections. Seller agrees to remove all objectionable provisions: or Buyer waives any objection which Seller does
not agree to remove. Seller shall transfer title to Buyer by statutory warranty deed and shall provide an owners
standard coverage policy of We Insurance to B.ryer at Seller's expense (unless Buyer agrees to pay any
additional cc-st associated tvlth obtaining extended coverage). both with no exceptions other than those approved
by Buyer
4. Closing. Closing shall occur on Febuary 15 or sooner
1 of 3 -- _ —. Tv— r,,—.' u,,.,,.. T—.97 1- Item nrlr,.asri -ss, 2 8/26/2013 11:31 AM
download.php http: / /webmail.fairpoint. net /src /download- php ?startMessage =l &passe...
_ Cc- nmarcial SrowsAssoGat100 (( ,
Zo i 1 l-.�'i
ALL R'GHTS RESERVED
GBA Four, LOA -PSA
Letter of I„te"
Rev 3/2911
Page 2 of 3
LETTER OF INTENT
(continued)
Representations and 'Narranbes The Agreement sf a'i contain customary representations ano
warranties
6 Default. Buyers liab lity In the event It falls to complete Its obligations under the purchase agreement
without legal excuse shall be'limr.ed to forfeiture cf the Earnest Phoney
7 Assignment. Buyer's rights and obligations under the Agreement X may may not be assigned
8 Other Matters The Agreement shall address other matters, such as the proration of closing costs. in
the manner customary for real estate transactions cf this nature,
9 Commission Seiler agrees to pay __ Q F ( "Selling
Broker') a commission catcu ated and payable In accordance with a y separate commission agreement or co-
brokerage agreement If there is no such separate agreement, then Serer agrees to pay Selling Broker a
commission equal 'o _ µ _3 __ I,) of the purchase price `or the Property. The commission shall be due and
payable on the earl er cf (I the date of closing o� the sale of the Property to Buyer or an affiliate of Buyer The
Property is commercial real estate for the purposes of RCW 30.42 ano RCW 64.06. Selling Broker Is an intended
beneficiary of this commission obligation and it cannot be cancelled or changed without Selling Broker's written
consent. The prevailing party shaii be entitled to attorneys fees and costs i^ the event of a dispute to collect a
commission due to Selling Broker, whether or not suit is f led
10 3v this Letter of Intent the parties ccmm t ttemseives to ,negotiate exc'uslvely and In good faith with
each other for a minimum t eriod of 5 rno_ `__ —_— 0 �; weeks from the date this Letter of Intent Is
accepted
1 1 . This lever of intent does not address ail essential tern s`' t-•3Rsa•aicn and a binding contract shall
not exist between Buyer and Seiler until Buyer and Setter E-xe-_s'3 the Agreement, except as provided in
paragraph 9 above concerning the commission payable to Brok ,, a, d in paragraph 10 above regarding good
faith, exclusive negotiations
If th? parties are wiling to proceed with negotiations for the sale of the Property on these terms and
conditions, please sign this Letter cf Intent where ndicated below and return it t>) our offices-
Very truly yours
(Jove Rea
By: r. r
r
Print Name: Herrmann Christifl-
Title, Broker _
2 of 3 Forrn �.Wrl by Tr ieForms' www Truell corn 5o0- 4go.9812 8/26/2013 11:31 AM
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
CERTIFICATE OF SERVICE
I certify that I caused a copy of the foregoing document to be served on all parties or their
counsel of record on this /day of February 2016, as follows:
Tami Merriman
O US Mail, Postage Prepaid
City of Yelm
❑ Certified Mail, Return Receipt Requested
E -mail: tamim(aki.yelm.wa.us
❑ Overnight Mail
E -mail: karenb(&ci.yelm.wa.us
❑ Hand Deliver
0 E -mail.
Stephen Causseaux
0 US Mail, Postage Prepaid
Hearings Officer for City of Yelm
❑ Certified Mail, Return Receipt Requested
Assistant, Jenny Pelesky
❑ Overnight Mail
Email: i.uelesk_Oa mchlawoffices.com
❑ Hand Deliver
❑x E -mail
I certify under penalty of perjury, under the laws of the State of Washington, that the foregoing is
true and correeLLtay ct.
Dated this of February 2016 at Olympia, WA.
Andrea Alder
APPELLANT'S BRIEF IN Page 5 of 5 The Law Offices of Allen T. Miller,
SUPPORT OF HIS APPEAL PLLC
1801 West Bay Drive NW #205
Olympia, WA 98502
(360) 754 -9156