15711 93rd Way SEI
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COMES NOW the defendant MICHAEL J. BROWN, by and through his attorney
of record, Thomas J. Taylor of Taylor & Berg, in response to citation #CR06463
states and alleges as follows:
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1.1 Mr. BROWN's property at 15711 92 nd Way SE, Yelm, WA 98597 contains
an open-sided portable covering located between his house and approximately six
inches from the property line shared by his neighbor. The portable covering has a
thin metal roof and open sides.
1.2 Mr. BROWN's neighbor built a wall last year on the land adjacent to Mr.
BROWN's portable covering but in the construction process the ground support was
weakened, resulting in water flooding behind the wall after prolonged rainfall. The
neighbor incorrectly believes that the portable covering is the cause of the flooding.
The neighbor filed a citizen action request concerning the alleged flooding.
1.3 On June 22, 2005 Larry Hanson, City of Yelm Code Enforcement Office
informed Mr. BROWN in a letter that he classified the open sided portable coverin
as an "accessory building" and as such it did not comply with building setbacks i
Chapter 17.06 of the Yelm Municipal Code. Larry Hanson cited the definition of a,
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Maccessory building," but failed to cite the code sections for the minimum setbac I
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1.4 On September 19, 2005 Mr. BROWN was cited with violating Telm
Municipal Code 17.15.050, Officer B. DeVore stated this was the first time he had
ever issued a violation of this kind and had been specifically instructed to do so by
the city engineer and Code Enforcement Officer.
2.1 Mr. BROWN was cited with a violation of setbacks for "'accessory
buildings" contained in Yelm Municipal Code Sec. 17.15.050, which states in relevant
17.15.050 Density and lot development guidelines.
The size and shape of lots shall be as follows, provided they adhere to
density requirements:
1. Minimum on one side: five feet
2. Minimum total both sides: 12 fee-5
or structure contained in the Yelm Municipal Code.
3.1 The city planner has incorrectly interpreted the definition of "accessor
structure" to include the type of portable covering widely used by many citizens i
Yelm and throughout Thurston County. The official definition of accessory structure
is not very specific, and in fact it lumps the meaning of accessory building in wit
approved uses for such a structure. I
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"Accessory building OR use" means a use, building, or structure or
portion of a building, devoted to an activity or use subordinate to the
principal use of the premises, but located on the same lot as the
principal use. An accessory use may proceed or follow development •
a primary use. (Ord. 561 §3, 1995; Ord 555§ 14, 1995).
3.2 This open ended definition would classify a small dog house the same a.-,,
a huge four car garage under "accessory building"; and is too wide in latitude tt
justify a criminal trial. A clear examination of the portable nature of the covering
shows it should not be classified as an accessory building.
3.4 Mr. BROWN's portable covering is not attached to the main house like a
garage or carport. The portable covering offers little shelter against the elements an-d
cannot be secured from unwanted incursions. Classifying it as a structure or a
building is a gross elevation of its true character: that of an open sided small covering
which is extremely portable.
4.1 Based on the foregoing facts, law, and rationale Mr. BROWN has not
violated YMIC 17.15,05 0.
TAYLOR & BERG
6510 CAPITOL BLVD, BE
TELEPHONE (360) 705-9000
FAX (36• ) 705-0389