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Hard File Scanned ISSUE: FINDINGS: ri Jj~b y t \. CITY PLANNING DEPARTMENT STAFF REPORT 12-22-93 (var#8102) Applicant wishes to locate an off-premise sign at the Southwest corner of Yelm Avenue and Third Street (the empty lot on Third Street across from the Post Office) The sign is for Archers & Anglers, an outdoor supply store located on Creek Street (the Nettleton Warehouse located closest to 103rd) The request for variance is to seek relief from the size limitations stated in the Sign Ordinance Chapter 15 24, Sec 110, Letter I, of the Yelm Municipal Code states: "One off-premises sign providing the facility advertised therein lies within a commercial zone Such sign may have an arrow and the type of service available Business names only may be included Such sign shall not exceed two square feet The property the business is located on is zoned C-2 Commercial The purpose of a C-2 Zone, as described in chapter 17 30 of the Yelm municipal code, is intended to provide for the location of non-retail, commercial and semi-industrial establishments which are primarily oriented to automobile rather than pedestrian buying activity Archers & Anglers is a retail business (an allowed use, but not preferred), hence the sign regulations would not be restricting the highest and best use as stated in the purpose of the C-2 Zone The sign regulations do not create a particular hardship for the property/business owner due to conditions unique to the property itself The applicant has not demonstrated he would be denied reasonable use of the property/business without the variance RECOMMENDATION Based upon these findings, the City Planning Dept does not recommend approval of the variance The outcome of the Yelm Planning Commission, after holding a public hearing on December 20, 1993, was a motion by E J Curry and seconded by George Knight recommending not to approve the variance based upon the above mentioned flndlngs Motion carried o~ ~~l \ _1-'1-00 '\) Q,V\. ~~ \L 4 ~ ,4~.# & - ~yal!~l~!!~~~W~ . ~ ' " YELM, WASHINGTON 98597 AFFIDAVIT OF PUBLICATION STATE OF WASHINGTON County of Thurston D.R. Miller , being first duly sworn on oath deposes and says that she/he is the editor of the Nisqually Valley News, a weekly newspaper That said newspa- per is a legal newspaper and has been approved as a legal newspaper by order of the superior court in the county in which it is published and it is now and has been for more than six months prior to the date of the publications hereinafter referred to, published in the English language continually as a weekly newspaper in Thurston County, Washington, and it is now and during all of said time was printed in an office maintained at the aforesaid place of publication of said newspaper That the annexed is a true copy of Public Hearing Request for Variance from the Sign Ordinance as it was published in regular issues (and not in supplement form) of said 1 newspaper once a week for a period of consecutive weeks, commencing on the 9 day of December 19 93, and ending on the 9 December 93 day of , 19 both dates inclusive and that such newspaper was regularly distributed to its subscribers during all of said period. That the full amount of the 24.00 fee charged for the foregoing publication is the sum of $ which amount has been paid in full. b r l? . CUd--l JJ%- 10 Subscribed and sworn to before me this December day of 19 93 ~ . .i/' J::.:;;tf;. .d .M / - '4~' .:7'1.( ~~ Ncitary Public in and fer the State of Washington, Sharon L. .:: residing at Yelm, Washington. This form officially sanctioned by the Washington Newspaper Publishers' Association PUBLIC HEARING REQUEST FOR VARIANCE FROM THE SIGN ORDINANCE e I y of Yelm Panning ommlssion and Yelm City Council will hold public hearings to receive comments on a re- quest for variance from the City Sign Or dinance. The request is for a vanance from the size limitations for an off-premise ~ign to be located at the corner of Third Street and Yelm Avenue. The Planning Commission hearing will take place on Monday, December 20 1993, at 400 p.m. The City Council hearing will be on Wednesday December 22, 1993, at 7 30 p.m. The hearings are located in the Yelm City Hall Council Chambers at 105 Yelm Avenue West in Yelm, Washington. All interested parties may attend or send comments to City Council, POBox 479, Yelm, WA 98597 Written com- ments must be received prior to the meeting to be considered. For more information regarding this re- quest or about the meetings, please con- tact Ty Peterson, City Planner at (206) , 458-8408 or at Yelm City Hall. \ Published in the Nisqually Valley News \ Thursday, December 9 1993 City of Yelm 105 Yelm AV(!llUe West PO Box 479 Yelm, Washingtoll 98597 (206) 458-3244 PUBLIC HEARING. REqUEST FOR VARIANCE FROM THE SIGN ORDINANCE The City ~f Y~lM Planning Commis~ion and Yelm City Council will hold public he~rings to receive cbmments on a reque~t for var i ance from t ~e C, ty Sign Ord, nance The rel:lu,es<t i.s fora variance from the size limitations fbr an off-premise s.ign to be located at the corner of third St and Yelm Avenue The Planning Commissionhe~ring wlll take place on Monday, Dece~ber 20th 1993, at 4:00 p m The Clty Council hearlng will be on Wednesday December 22, 1993 . at 7;30 p m 'The hearings are located j n the Yelm City Hall Council Chamb~rs cit 105 Y~lm-Avenue W in Yelm, WA All interested partie~ may attend or send coMments to, City Counc i 1 POBox 479, Ve 1m, WA 9859-7 Wr i t ten comments- must be received prid~ to the meeting to b~ considered For more informatlon regarding this reque$t or about the meetlngs, ~lease tontact Ty Peterson City Planner at (206)458- 8408 or at Yelm City Hall, ' DO NOT PUBLISH BELOW ~HIS LINE ----~----~-------------------------------~- Published Nisq~ally Vally News; Posted in Publj~ Area; 1993 1993 * Recl'cled paper To DUR~ Date---1 ( ~ J.-)- Time J 1/ lOp M': WIjILE yO,:, W~l :;om ~~~ -- Pho ne !.f- t.( h - ].-, () J..-S Area Code Number Ext. Fax Area Code Number Telephoned Signed Quill Corporation. Re-order Number 7-92001 N~ 9001 Yelm, Washington / - , .. 19, ~ Dollars Deputy By ORIGINAL-WHITE DUPLICATE-CANARY TRIPLICATE-PINK ,,,< 1\- .~ " , ) " , , ~ ~~~ 'f,ri- .~ ~ ~ Q) -\. ~ , <1lAnb ~ // //s/93 ~ f ~ CllJ C --UJ....<.U JU J 1--Mid ~1flb1tA k {o if /;AJutw;J .-ItdJ .vdJlut,~u J2tpuJ 1hJt"S .Lld!c/!;1tL-1 />u JeJ!'-' :;3' I (" rQ'1 'r. 1-'\ . .L . ,J.... I) - CITY OF YELM I POBox 479 Yelml, WA 98597 I 458-3244 I APPUqATION FOR VARIANCE PERMIT I Fee. $10000 (Plus any profe~sional service charges per Resdlution No 252) flOW 0 8 ,,~j o Ff-..t9IlH-<-Vt,$ ~1r2:NQr Fee cYl.$1 (fQ ll() . . Date 'J:reived j/ ~4.:2 . By L:j:1J' R ~ File No thz .?/f),2..... ~1/t;-rJO~5 Variances are for the modification of size, dimension br design requirements in situations where unusual physical conditions of the property, such as shape or topogrJphy, make it impossible or unduly difficult to meet require- ments of the zoning district or other City standards.1 The power to vary is limited to the minimum change nec- essary to overcome the inequality inherent in the Pfloperty Variances are granted only when the following specific circumstances exist: 1 The change must not constitute a rezone It muslt not be for a use not permitted in the district 2 Special physical conditions must exist on the property which makes ordinary standards or requir,ements im- possible to meet, or which would cause undue hardship 3 The special conditions peculiar to the property ~ust not result from actions of the applicant 4 The variance must not confer a special privilege that is denied to other properties in the same district. NAME OF PROJECT Dl\Z~cn~tJ~ >,~ Srz..~ Vk{2lAN~ APPLICANT Mailing Address City, State and Zip Telephone MICI~ ~t-J t>~A- "D~\JSt{WO~<-5 P e l3't- ~~, # L.f '(E.UA.. WAc C\ <6 sq '7 1-1- 4t...l-Co' Z.O~~ OWNER Mailing Address City, State and Zip Telephone .jz, kN\C, H:r Po 45!O- 4Lf'l-z.... ENGINEER/ARCHITECT/OTHER Mailing Address City, State and Zip Telephone SUMMARY OF REQUEST IV 126<Q()~ VAiJl1ANt.6" ~p- S(G-/J Df0\)IJJA-tvU: I? Z4. 110 (.:r) ,l) (' KAN(::)~ ~ 1, ~~vA-P6' fe6r (:>I2..DINAtJLb TO ~I \6W P\2o~&O:1Z- DI1U:alltlf..lA,-- A\OVc;n.~tr\)~ ~Oi2- fi.T2-c..\-tTaz-7 ~ A~\~ \6C~.. ~ L.<,6{ ~L"?r: ~~- Af2ct~7 ~ (l.u->...\IS:IZ-'S +fA-? fJ'b ~~M l+w"( V\~I~r~rT'" ~i2- ~et1~ ~O~AL ttJ'7~~ -1?/G:: PRoPb>8.:> Lc:.C4q(),J ~'2. JI\A.12 q.(~,..v IS oW101.8::> ~ '{ .j.2-l<::NIG)~- A1JO A\)V. PROPERTY LOCATION \ S ~C)~ '5o~ CSKANI()'" ktJl,\~ General Location ~ 'iSM H w'1' ~ -:; ~ Site Address Section Township Range Assessor's Tax Parcel Number Full legal description of subject property (attach separate sheet if necessary) PLEASE ANSWER THE FOLLOWING QUESTIONS ATTACH EXTRA PAGES IF NECESSARY List the pro ision(s) o! zonin9 or other standards from which you are seeking a variance /hJ.:;" . /& /J. ,); / I ;- .;:5" i AJ O/( DIN /.l "-'r. .; .& L// 2. Floor space and use of buildings on site )J1/1- Existing Proposed /.DWhat are the exceptions or extraordinary circumstances which lead you to believe you are en~itled to a variance? V Please describe the special conditions of this site A1zct-haz..s At.JIJ ~N{.t\,IQj"l..$ \5 ~ . 'Rl2rA:;f\.l!r''< l2:.{;-\OC.M'Ef:) ~1'>'t'(tJ~ BIIs.t,j~~ .~ 5cJ",;,I~7S (!A.~ M>w PCU>\1,:r,,-G M&(l.AC <"~"\c..E.:. ~ I~"..A->n(;t...l C-A.f-J N61 ~~ m-Sl/"Y <;t:.~N "&~ PO'\I::::.N\(~ ('t's..-ro~~ ~~.toJ(; ~ (:::.~ ()~. ~ ~ /)('(UcA. 11{.("<.:. ('~ C:;(1b IS A~ 1'\A? ?-erso",Pr-L ?f\.(Af~;f;A\ ~ ~ /()\,;oI~ ~J~ ~ AIU~\OA~. 0 ~:j 4 Please explain why the hardship should not be regarded as self-imposed - self-imposed hardships are not entitled to a variance. . If your variance request is granted, would it grant you a special privilege that is denied to others? Explain lJl) - 1\-:-. 1M AU- L,(~\,.I'7" <!>[2..0lUAA,ck> AND. ~ClE:~ -MtlenAS'. MZ€ Fol.J1..Jl) ~c..t1Pt-c",i.J; - VP<<ZIf>t/VC,Ja:/ -+0 ~ 'Fbtt~""Vt- '.{NVC\.~ AS ('~rr,< ~~~ (Jc.(,,~~ A /6) How will granting the variance not be detrimental to th~ public wel~e or to properties in the vicinity? 1'Vl1~ \~ Pr SIG.N I.Jr'fH M\JcAf' ~\'IS":\I(. ^,~\r A,J.J() ('A~ ()N/.....1! A-tDo :rO 11~ bCAoJl't' &F-~ Ou(L eo/"\tv',,u f\.M~ . 1=h~~ I <S.{!~S; ~V_ w'.l \ l~~ I tV<:;t/)r\\ t".J. .N10-1'/&I WI ~ ~ C,.\~ -rh~LE.\~ /VOOIIJc.... e~Ty. to ~ ~~ 7 Is this the minimum variance that will make possible the proposed use of the land? 0 Yes 0 No Explain ., 8 How will the granting of the variance be consistent with the purpose and intent of the zoning ordinance? ~ --~ ATTACHMENTS , Adjacent Property Owners List including Assessors Tax Parcel Numbers A site plan of the property not larger than 1.1 "x1?" , showing 1 The location of all existing and proposed structures, including buildings, fences, roads and streets 2. Setbacks from property lines 3 The boundaries of the property proposed to be developed 4 All means of access to and from the site, and size and location of driveways. 5 The location and design of .off-street parking areas showing their size and location 6 The specific dimensions and location of the variance requested NOTE' The site plan must be at a scale of not less than 20 feet to an Inch and not more than 100 feet to an Inch, I affirm that all answers, statements and information above and submitted with this application are complete and accurate to the best of my knowledge I also affirm that I am the owner of the subject site or am duly authorized by the owner to act with respect to this application Further, I grant permission from the owner to any and all em- ployees and representatives of the City of Yelm and other governmental agencies to enter upon and inspect said property as reasonably necessary to process this application I agree to pay all fees of the city which apply to this application Signed / J.A\.~cJ. l~~ ./ Date t lr~- q~