16135 Railway Rd SE Determination of Non-conformityM
YEWALM
SH INGTO N
James Park and Barbara Wood
16135 Railway Road SE
Yelm, WA 98597
City of Yelm
Community Development
105 Yelm Avenue West
Yelm, WA 98597
This notice is regarding your ongoing violation of Sections 17.15.020 and 030 YMC
which prohibit the keeping of livestock within the City of Yelm. The letter also
constitutes the City's official determination that the keeping of livestock on your property
at 16135 Railway Road SE is not a pre- existing non - conforming use pursuant to the
Yelm Zoning Code.
The Community Development Department has reviewed the documentation you
provided in response to the initial notice of violation dated April 5, 2011. Specifically,
you were offered the opportunity to provide documentation that the property in question
has been continuously used for the keeping of livestock.
The documentation you provided indicates that livestock had been kept on the property
between 1984 and 2000 (statement of Doug Rozof) and that the property has been
hayed between 2000 and present day (statement of John Scotto).
The City accepts these statements as accurate, as they confirm the findings of the
Community Development Department as to the historic use of the property.
The Yelm Zoning Code specifically prohibits the keeping of livestock in the Moderate
Density Residential Zone (Sections 17.15.020 and 030 YMC).
The keeping of livestock on the property was a pre- existing, non - conforming use from
the date the property was annexed into the City in 1993, through 2000. However, by
your own admission, this use ceased in 2000. Section 17.93.030 YMC clearly states
that "a non conforming use shall be deemed abandoned by discontinuance or
abandonment for a period of eighteen months, and any subsequent future use of such
land or buildings shall be in conformity with the provisions of this title."
This determination is final and may be appealed to the Yelm Hearing Examiner by filing
a written notice of appeal and a $50.00 appeal fee to the Community Development
Department within 15 days from the date of this notice.
Dated this 17t -da- v of November. 2011
Gr�nt Beck,' Di�bctor '
Con�tmmu!rfify Development Department
(360) 458 -3835
(360) 458 -3144 FAX
www.ci.yelm.wa.us