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YELM
WASHINGTON
Paul Shorb, Executive Director
Faith Harvest Helpers
P.O. Box 14672
Tumwater, WA 98503
Brad Carlson, Pastor
Yelm Prairie Christian Center
501103 rd Avenue NE
Yelm, WA 98597
City of Yelm
Community Development Department
105 Yelm Avenue West
Yelm, WA 98597
Dale Richardson, Manager
Food Distribution Center & Yelm Food Bank
501103 rd Avenue NE
Yelm, WA 98597
NOTICE IS HEREBY GIVEN pursuant to Section 1.16.040 YMC that your use of properties and
buildings within the City of Yelm and described below are in violation of provisions of the Yelm
Building Code, Chapter 15.08 YMC adopting the International Building Code.
ALLEGATIONS OF FACT
1. Yelm Prairie Christian Center owns property at 501 103rd Avenue NE in Yelm,
Washington. The property is occupied by the Prairie Christian Center, a church that
existed at the time the property was annexed into the City of Yelm and is non-
conforming with the provisions of the Yelm Zoning Code, Title 17 YMC. Brad Carlson is
the Pastor of Yelm Prairie Christian Center.
2. Faith Harvest Helpers is a non - profit organization that operates a food bank and food
distribution center at the site of the Yelm Prairie Christian Center at 501 103rd Avenue
NE in Yelm.
3. On June 28, 2010, the City of Yelm issued a building permit (Number 20100133) to the
Yelm Prairie Christian Center for the construction of a 36 foot by 96 foot storage
building. As storage only, this permit was exempt from site plan review according to
Chapter 17.84 YMC.
4. On or before June 22, 2011, the City learned the building permitted under permit
number 20100133 was being utilized as a food bank and food distribution center and
office during a conversation between Tami Merriman, Associate Planner, and Dale
Richardson. Mr. Richardson was informed during this conversation that the use of the
building for a distribution center was an expansion of the pre- existing, non - conforming
use of the property as a church and would require the issuance of a Conditional Use
Permit.
5. On June 29, 2011 City staff met with representatives of the Yelm Prairie Christian Center
and Faith Harvest Helpers at a pre- submission meeting to review requirements in order
to continue the food distribution and food bank. The City did not request operation
cease, providing certain conditions were met and good progress was made towards
completing the permit process.
6. On August 3, 2011, the Christian Center applied for a Conditional Use permit for the
food distribution center and food bank.
7. On or before August 18, 2011, additional construction activities took place at on the
property at 501103 rd Avenue NE, including clearing and grading activities.
8. On August 18, 2011 the City issued a stop order to halt work on the site.
9. On August 19, 2011, the City requested additional information in order to continue
processing the Conditional Use Permit application, including a flood elevation survey
and critical areas report to determine if a violation of the critical areas code had
occurred.
10. On or before November 15, 2011, additional fill material was placed within the 100 year
floodplain and the riparian corridor of Yelm Creek, in violation of the stop work order.
11. In December 2012, Lisa Palazzi, a biologist working with the consulting firm JW
Morrisette & Associates met with City staff to discuss the preparation of the critical
areas report required by the City. After Ms. Palazzi conducted a site visit, she
determined that the fill which was placed in the riparian buffer had at some point been
removed and relocated on the property, in violation of the stop work order.
12. The Conditional Use Permit application remains incomplete.
13. The food distribution center and food bank continued to remain open and in operation.
14. On May 22, 2013 Prairie Christian and Faith Harvest Helps did construct structural
concrete walls (see attached pictures)
ALLEGATIONS OF LAW
A. The above described real property is within the City of Yelm.
B. Yelm Prairie Christian Center and Faith Harvest Helpers disregarding the August 18,
2011 Stop Work Letter and in violation of Section 105 of the International Building Code
did construct walls on the north side of church without first attaining the necessary
permits permit from the City of Yelm.
IT IS ORDERED THAT Faith Harvest Helpers and Yelm Prairie Christian Center shall cease all
construction on the property until all required permits and approvals are issued by the City.
IT IS FURTHER ORDERED THAT Faith Harvest Helpers and Yelm Prairie Christian Center pay a
civil penalty pursuant to Section 1.16.060 YMC in the amount of $250.00.
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Failure to comply with the terms of this notice of violation may result in further actions by the
City of Yelm, including, but not limited to the issuance of additional civil penalties of up to
$250.00 per day of violation or further enforcement action through a court of competent
jurisdiction.
Signed in Olympia, Washington this day of _ 12013.
Brent Dille, City Attorney
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 to the Community Development
Department within 30 days of receipt of the notice.
The written appeal must be 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.
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