9107 Mt View Rd-Tanaka/ 0 THE pip
YELM
WASHINGTON
June 19, 2014
Victor and Ratana Takata
9107 Mountain View Rd SE
Yelm, WA 98597
City of Yelm
105 Yelm Avenue West
Yelm, WA 98597
Re; Zoning Violation, Title 17 YMC
Mr. & Mrs. Takata
NOTICE IS HEREBY GIVEN That pursuant to Sections 1.16.020 Yelm Municipal Code that
your use of property and buildings within the City of Yelm and described below are in
violation of provision of the Yelm Zoning Code, Title 17 YMC.
ALLEGATIONS OF FACT
1. Victor and Ratana Takata are the lawful owners of 9107 Mountain View Rd SE
parcel number 21713340101, abbreviated legal Section 13 Township 17 Range 1E
Quarter SE SW COM E LINE 854.29F N OF SE COR N89 -59- 20W 115F, N62 -5 -20W
176.15F, N4 -29 -W 52.70F, S89- 59 -20E 275F, SO -06W 135F POB LESS RD
2. The Official Zoning Map of the Yelm Comprehensive Plan identifies this property as
being within a Moderate Density Residential (R -6) zoning district
3. The R -6 zoning district does not list greenhouses, horticultural activities, nurseries,
or other commercial agricultural land uses as a permitted use at Section 17.15.020
YMC. Any use that is not permitted in the R -6 zoning district is prohibited by
Section 17.15.030 YMC.
4. Victor Takata made an application to the Washington State Liquor Board for a
license to produce Marijuana at the property located at 9107 Mountain View Rd..
Victor Takata indicated that a source of funds was from medical marijuana grow.
5. Victor Takata was informed of the zoning violation and ordered to cease the illegal
use of his property by the City of Yelm in a letter dated January 9, 2
Allegations of Law
1. The above property is within the City of Yelm
2. Section 17.15.30 states the "Use other than those identified or described in YMC
17.15.020 are prohibited"
3. Section 17.15.020 YMC does not list greenhouses, horticultural activities, nurseries,
or other commercial agricultural land use as a permitted use in the Moderate
Density Residential zoning district.
4. To date Victor Takata has not complied with the terms of the January 9, 2014 order
to cease operation of the zoning violation.
IT IS ORDERED THAT within 15 days of receipt of this notice you shall comply with
vegetation removal in the site distance triangle.
Failure to comply with the terms of this notice of violations by stated time may result in
further actions by the City of Yelm, including, but not limited to the issuance of civil
penalties of up to $250.00 per day of violation or further enforcement action through court
of competent jurisdiction.
Signed in Yelm, Washington this 191h day of June, 2014
Gary L Carlson
Building Official
City of Yelm
Cc: Brent Dille, Prosecuting Attorney City of Yelm
Notice: Pursuant to Section 1.16.060 YMC the person incurring a penalty may appeal the
determination that a violation occurred or may request remission or mitigation of the
penalty by filing a written request and an appeal fee of $50.00 to the Community
Development Department within 30 day of receipt of the notice.
The written appeal must include the name and mailing address of the petitioner, a separate
and concise statement of each error alleged to have been committed, and a concise
statement of facts upon which the petitioner relies to sustain the statement of error