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AnO~NE:'1S A'f '..AW
9Ze iii!~P" wA'( S,W.
pO,","\" OFFICE aOX. 1001
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.~o "c...,nI:.CJ IH >'t..~...I.U:;'1QH, 0(';
fP;....M~ .;. OW'tM5
^Fl"004VI=l: L.. Op.V\ES
,JO~M v. ...'('~AN
A\..t.XANOt.A 1fO, M.....Ci\.lJ..
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K\~K M. \ILlS
~
'fo:
Shelly Badger
Members, '{elm Planning commission
FROM.
lames H. Blundell, If
November 16, 1994
DATE:
\lillage Rentlll Variance
y" b.'" to""' fo' . "'" apI""" on "" "'" ".."."" of "" "" \0 ""," ",- \0'
_, "".,,-' lo ," "",'" ",.. w"'" "" "',"'" "',,,... d"" oot "",- to ""
"""'" ,,,.i,,m<oL A....'" U,. "" .....''''''' P"'P"'" \0 ",,,",, ," watl of ,I> ..""",
"",,,,,, lo . ....O', "" w",,1d ,;ot'" "" "'" foot """" "".,,-' ,. "" "",'" ""',.
"" ",,,.. """",,, wto b";" (N' '''' ""'" "" ,,,,,,", Ii" "'~" · ",-' "",lo, ",..
"".",,,,,,,, ,h>t \t .. '" "". "" f'" f_ "" P"'f"'" .O'. t\', ,,,..,,.,,,.- wbot'"
"" ",,,.. .""w'" ,"'''''". "'" """o~ ",,,,,,,,,, of ~, w.n. """",mol ""~ tit, "".-
.,~,,"" ",,,,ok """;,,m"" of d""""" <ad<. fa< "" oJ<< of tlti' "'" ",,' ,." 1 """
_'" "" "" ",..,.. _ "'" ,. full ",m~- w\tlt "" """., <ad< - ..."",ol
"" ",ff _, .. tit', proi'" '" ",,,,,"'" ",~p.ol tit" ,"""'" .".",,,,, _,din' to
"" V"""'" _", o'~, en,', ood'. Cb_ \1.52. U"""."'I"~,, V..-"-
bto "" _ "'''''''' ."'" 1971 "'" _ .m "","" ...P""'" ,~\O"'" ,,'Job'. """'
criteria are as fo\\ows:
(.) "" "f_ oiWI on' "",,"w" . ,,,,,, of ","",,,,;,,,, """,.",'"
w\t' "" .m''''.... .pan "" of _ f""P""" " "" "".\t, and - lo wbi"
." propert, '" b'b.' of wb"b "" ,,,I"''''''' wto mol" -"'" and
f!>) "'" ""b """,,, " _'" ""." of "'"" """..-'" ""...
to ".,. "",. toPO''''''' _""", to ...",.dln" of thO ..,*" ""","" to
.",,'d< " "",b .~ rigb" ..d .',,;,"''' l"'",..ol " - P"'l""'" .. thO
,i,In'~ ..d i' "" ...' In whi,b ," ",,*'1 ,,,,,,", ' I"""'" ....
RE.
1 \~\6-94 0\ ~O?M
o
I'IOV to' jL\ 11 ::>':l 1'10 IJUo '
uw~l'I~ UHV1~~ MH~~l~
OWENS D....VIES M....CKIe:
. .OO,"SSIONAL sOPVle.' eoo.OPAT>O"
t<1""' "rt",1j\, .""", of "", ""'"" ""u "" " ..."".n, "",,,,,,,,,, \0 ""
""hi" ",If'" to "i""'" \0 ," """'"' to Impro"""" " ~, ",",," ....
'l.One in which the ~ubiect property is situated.
RCW 35A.63.110(2)o
"""," thO v~m o",i"""" _ "" "",,,,. - ",~rl~ thO, ....,1" ...."'ol \0 .. \nO"'"
in the code.
"" """"" "".." " tIt~ ,," ,," _I, w",1d ""I'~ "'''"' f!>) of "" ,,,,.,, tit'"
",tori,. "" ,..- i, "" _"" .. , _I' of "" ci~.m"""" of "" .''''''', Th<
"", ci""m"""" """.~t\.. d" "",,'" " ," ",.- of tit",,"'" -"''' I. ,,,10''''''
of thO ",.In, ood', """ """",_ w.. ""thin thO ",m~'" "",mi of '" ..,I""'" Th<
..,lI"'" "" "" ""'" ..,""'" ,,""" a< ""prol"" " .m,l, _0' ",.. that ""
__ wo<' ","", .f hi' "",uoI a< b~ P""""""" ""uo\.
"" yclm V_" ,b'pt<< "n"" tit, """" In ". "'to~ \0 · Ii"""" """,. Th< vclm
'"P''' ~"" " _ of ", ,..,,,,, b., .m .n of." ""..... to ,,, -". ^'. ,,,,,It. n
,,,,,,,,,, "'" "" "tit"'" fto ", C'" to ."", "", ,,,,,.,,,,,. A "'" of "" V""""
chapter is attached for your review
pa'''' "'" _ l"''''''''' tit" "" V..- "..m"" ~ "" "'" that "" ",,,,,,,. -""
I, . at.,,,,,,f-""" ",d I< """fa<< ",bi<" '" "" N""""fto"'" U'"' ,- of "" y,'"
MoO''''''' Cod<. """ ,"""", ".".C 17 .... <loW. ." , "" U"''''' ,bin" to """" to
".... ' _ftomto' "". "" ,,",,,,' ,_ m'" ""oW "at "" P"'P"'" ",,,,,_' to
"pan""" ._Id .at "." furtb<< "",,,,,,,to,!,," ",tit ",,,d \0 "",. "'"'' '" """ ~
porl<lo' ,"'.,""',,": yMC 11 ... o"'le). """ "0""" w",1d "'" '" f.- ,?""",ftom'~
w,,, . ..,,,,k "".\f''''''''' "" C'~ CoO",lI wool' -"'" 00' b"" "" ,ot\tOn~ '" 'l'P'''''
"" "".,..-' to "pan"'" ,f tit', __orono'" ol'. A "'" of y,'m', N?""",ftom'.'
uses chapter is attached for your review
""i. "",It I< """" ",W""'" b, "" "",,;on to ' - .~. HO~' 66
w..2<l ,'29 (\965). '" "" =. '" .t>\< .."""~ ~._:..f.""'"
"""", '" ", "'" ,,,,,,,,,'" ''''' _ thO ""'" of ,ci', """"""" ,;miW '" V""'.,. "'"
,,,,,,,,, -"" \0 ......._ ~~",i"" \0 , b.llai" "'" did "" "",fana """ ...."..
bclgb' "",,'"""'. "" _. otd'''''' ,11ow", ~"",u?,,' " ""Id"" that .-
"""",,_to. " to ",lk "".,"0'" bO' onI, wb'" "",,"'=''''' d"" oa' "." '" "''''...
\0 'f.rtb" ",,,", th' ,.Ik pro,"i"'" oft" "",. """. ".IO.()dO, -" M'''''''' """.
'TM court adopted the following reasoning:
""" b.Il""" . __'" b.'Id'" ""'"". " "" bl.b. Uod<' thO "W,
It _ld "" " "",'It .i~'" ,,,,_. Co,,,,,,,.,.n "" ,....1<,"'" of ""
""".. <ad< ",.""'" It ",m' '" "" \t i' ."'" -' tit" i"" -"" ,
""'".. " """".f "''''.. " \0 bci." _ oot .'" i' "" >""" ,"'~ .... ·
\ l_1.6-9.1. 01 ~llf!,1.
fO
F n:
UW~N~ UHV1~~ MHLK1~
NOV IO,~4 lL UU NO UU~ ~ U4
UW~N~ UHV1~~ MHLK1~
NOV IO,~4 14 U~ NO U1U ~ UL
17 44 010--17.44.020
OWENS DAVIES MACKIE
.. ~ROf'ESSIONAl SEAV1Cf'S c:ORPOP....T10N
co&toHliiiig'o'tilding would have If this holel wcre a proper height, it could not
change its use to a use that would make it nonconforming.
Mf"Jlny Hotel, at 337 This reasoning applies here. The mere fact that a structure does not
currently conform to the zoning code does not justify a variance to the zoning code. A.
nonconforming structure does not have any additional privileges than any other structure. If the
circumstances were different and there was not an existing structure already in place, or the
existing structure complied with the current zoning code, there would be absolutely no
justification for the variance. The nonconforming structure does not change the result.
J conclude that tile City of Yelm does not have the authority to grant the proposed variance.
recommend that the Planning Commission deny the variance request.
Chapter 1],.44
NONCONFORMING USES
Sections
17 44 010
17 44 020
17 44 030
Definition and intent
Expansion or enlargement.
Abandonment
17 44 010 Definition and intent Nonconforming uses
are uses wh~ch are incompat~ble w~th permitted uses in the
district involved. The lawful use of the building or land
existing at the time of the enactment of the ordinance codi-
fied herein, although such use does not conform with the
provisions of this title, may be continued; however, ~t is
the underlying policy of this section that nonconforming uses
shall not be enlarged upon, expanded or extended, nor be used
as grounds for adding other structures or uses prohibited
elsewhere in the same district lOrd 126 Sl~~l), 1971)
Attachments
17 44 020 Expansion or enlargement Notw~thstanding
the declarat~ons contained in Section 17 44 010, the town
council may grant a conditional use permit allowing a non-
conforming use to expand or enlarge in the use -district in
which it is situated; provided, however, that such conditional
use permits shall issue only upon a showing by the owner of the
property to the satisfaction of, and within the, sole discretion
of, the town council, that.,
A The proposed enlargement or expansion of the non-
conforming use with specific conditions set forth in the con-
ditional use permit would not be detrimental to the public
health, safety, convenience and general welfare;
B Unaltered continuance of the nonconforming use or
a conversion to any permitted use would be economically im-
practicable; and
C Proposed enlargement or expansion of physical facil-
ities housing the nonconforming use would not cause further
nonconformity with regard to yard, height, setback or park-
ing requirements
No permit shall be granted unless all provisions as may
apply to such use are met After consideration by the planning
commission, the town council shall have the right to set
specific conditions and may provide for some time periOd,
either for review, discontinuance or removal. lOrd. 126 512
(:2),1971)
c; \ wrlllllllC\.lIlNTlY 1lLld\1lII DO"" .w'"
3
162
1 -!6-~4
S 1 fM
'0_
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"
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NOV 1~.~4 14 lV NO U1U ~ V4
NOV lO,~4 14 lV NO U1V ~ V~
UW~N~ UHV1~~ MH~K1~
UW~N~ UHV1~~ MHLK1~
17 44 030
17 52.010--17.52 030
17 44.030 Abandonment A nonconforming use shall be
deemed abandoned by discontinuance or abandonement for a
period of eighteen months, and any subsequent future use of
such land or structures shall be in conformity with the
permitted uses of the district involved (Ord 126 S12(3),
1971)
Chapter 17.52
VARIANCES
~~~
17 52 010
17 52 020
17 52 030
Intent
Permitted when--Time limit
Yard requirements
17.52 010 Intent Variances are intended to provide
relief in special circumstances where strict application of
this title would deprive a property owner of rights and
privileges enjoyed by other properties in the vicinity and
under identical zone classification due to the size, topog-
raphy, location or surroundings of particular property
(Ord 126 S13(4), 1971)
17.52 020 Permitted when--Time limit In specific
cases, the town counc~l, after cons~derat~on of the plan-
ning commission's recommendations, may grant a special permit
for a variation of the application of the use district regu-
lations herein established, in harmony with their general
purpose and intent, by granting a permit for a temporary
building for commerce and industry in a residence district,
which is incidental to the residential development; such
permit to be issued for a period of not more than one year
(ord 126 513 (5), 1971)
17.52.030 Yard requirements The town council after
hearinq before the plann~ng commission, in specific cases
where the topography of the premises or the location of
buildings existing prior to the effective date of the or~
dinance codified herein makes compliance with the provisions
governing the location of private garages and other structures
impossible, may grant a special permit for a private garage
or other structure to be located nearer to the property line
than specified in Section 17 40 030, and in any case where
such location is within a required front or side yard the
highest point of a structure so located shall not be more
than fifteen feet above the average level of the ground
(Ord 126 513(6), 1971)
164
t>
163
(Yelm 2/89)
1 1 - \1'-
[1-16-9-1 113: FM
FU
"
OWENS DAVI ES MACKI E
A PROFESSIONAL SERVICES CORPORATION
ATTORNEYS AT LAW
FRANK.J OWENS
ARTHUR L, DAV'ES
.JOHN V LYMAN
ALEXANDER W MACK'E*
R'CHARD G PHILLIPS .JR
BRIAN L, BUDS BERG
MICHAEL W MAYBERRY
ROBERT F HAUTH P S
K'RK M VEIS
926 - 24TH WAY SIN
BURTON R .JOHNSON ('9701
CYNTHIA D TURNER
MATTHEW B EDWARDS
.JAMES H BLUNDELL,.JR
POST OFF,CE BOX 187
OLYMPIA, WASHINGTON S8S07
(206) 943-8320
*ALSO ADMITTED IN WASHINGTON, D.C.
TELECOP'ER
(2061 943-61S0
MEMORANDUM
FROM:
Shelly Badger
Members, Yelm Planmng CommIssion
James H. Blundell, Jr ~
November 16, 1994
TO.
DATE:
RE:
Village Rental Vanance
You have asked for a legal opIllIOn on the legal authority of the CIty to grant a vanance to a
setback requirement m the zomng code where the existing buildIllg does not conform to the
setback reqUirement. Apparently, the applicant proposes to extend the wall of hIS existing
structure III a manner that would violate the five foot setback requirement in the zomng code.
The eXIstmg structure was bUilt five feet from the property hne despite a current zoning code
requirement that it be set back ten feet from the property line. It is apparently unknown whether
the existmg structure, inc1udmg one preVIOUS extension of the wall, conformed with the then-
applicable setback requirements of the zoning code. For the sake of this legal analysis, I will
assume that the eXIstmg structure was in full compliance WIth the zoning code when approved.
The staff report for thIS project has presumably analyzed this variance application accordmg to
the Vanance chapter of the City's code, Chapter 17 52 Unfortunately, this Variance chapter
has not been amended smce 1971 and does not Illc1ude important statutory criteria. Those
cnteria are as follows.
(a) The variance shall not constitute a grant of special privilege IllconsIstent
WIth the limitatIOn upon uses of other propertIes in the vicinity and zone III WhICh
the property on behalf of whIch the application was filed is located, and
(b) That such variance is necessary, because of special circumstances relating
to SIze, shape, topography, location, or surroundmgs of the subject property, to
provide it with use rights and pnvileges permitted to other properties III the
vIcImty and III the zone III WhICh the subject property IS located, and
OWENS DAVI ES MACKI E
A PROFESSIONAL SERVICES CORPORATION
ATTORNEYS AT LAW
(c) That the grantIng of such variance will not be materially detrimental to the
pubhc welfare or Injurious to the property or Improvements in the vIcImty and
zone In which the subject property is situated.
RCW 35A.63 110(2)
Because the Yelm ordInance does not contain these cnteria, they shall be assumed to be included
In the code.
The proposed vanance in thIS case very clearly would violate cnteria (b) of the above three
cntena. The variance IS not necessary as a result of the circumstances of the property The
only CIrcumstance necessitating the variance is the existence of the current structure In violation
of t.lJ.e zomng code. ThI~ CIrcumstance was WIthin the complete control of the applicant. The
applicant has not done anything illegal or improper; he SImply cannot argue that the
CIrcumstances were outSIde of his control or his predecessor's control.
The Yelm Vanance chapter reflects the cntena In the statute to a hmIted extent. The Yelm
chapter picks up some of the language but not all of the language in the statute As a result, It
prOVIdes even less authonty for the CIty to grant such a variance. A copy of the Variance
chapter is attached for your review
Perhaps even more persuasive than the Vanance argument is the fact that the existing structure
IS a nonconformIng use and is therefore subject to the NonconformIng Uses chapter of the Yelm
Municipal Code. That chapter, at YMC 1744, allows for a very lImIted ability to enlarge or
expand a nonconforming use. The property owner must show that the proposed enlargement or
expanSIOn "would not cause further nonconformIty WIth regard to yard, height, set back or
parking requirements." YMC 17.44.020(C). This proposal would lead to further nonconformIty
WIth a setback requirement. The CIty Council would therefore not have the authonty to approve
the enlargement or expansion of thIS nonconforming use. A copy of Yelm's Nonconforming
Uses chapter IS attached for your reVIew
This result is further supported by the decision in State ex reI. Meany Hotel v. Seattle, 66
Wn.2d 329 (1965) In that case, the State Supreme Court was asked to reVIew a proposal
similar to the one conSIdered here under the terms of a city ordinance similar to Yelm's The
apphcant proposed to make extenor alteratIons to a buildIng that dId not conform WIth Seattle's
heIght restrictions. The zoning ordinance allowed alterations to buildings that were
nonconformIng as to bulk restrictIOns, but only where such alteratIon does not cause the buildIng
to "further exceed the bulk provisions" of the code. Section 26 10.040, Seattle Municipal Code.
The court adopted the follOWIng reasomng
This buildIng IS a nonconforming building because it IS too hIgh. Under the law,
it could not be rebuilt WIthout a vanance. ConstruIng all the proviSIOns of the
zoning code together, It seems to me it is quite apparent that just because a
building is nonconforming as to heIght does not give it any greater nghts than a
OWENS DAVI ES MACKI E
A PROFESSIONAL SERVICES CORPORATION
ATTORNEYS AT LAW
conformmg building would have If this hotel were a proper height, it could not
change Its use to a use that would make it nonconforming
Meany Hotel, at 337 ThIS reasoning apphes here. The mere fact that a structure does not
currently conform to the zomng code does not justify a vanance to the zoning code A
nonconformmg structure does not have any addItIonal privileges than any other structure If the
circumstances were different and there was not an existing structure already in place, or the
eXIstmg structure complied wIth the current zoning code, there would be absolutely no
justificatIon for the vanance. The nonconformmg structure does not change the result.
I conclude that the City of Yelm does not have the authority to grant the proposed vanance. I
recommend that the Planning Commission deny the variance request.
Attachments
c: \ WP51 \50\CLIENT\YELM\BADGER_MEM
3
17.44.010--17.44.020
Chapter 17.44
NONCONFORMING USES
Sections:
17.44.010
17.44.020
17.44.030
Definition and intent.
Expansion or enlargement.
Abandonment.
17.44.010 Definition and intent. Nonconforming uses
are uses which are incompatible with permitted uses in the
district involved. The lawful use of the building or land
existing at the time of the enactment of the ordinance codi-
fied herein, although such use does not conform with the
provisions of this title, may be continued; however, it is
the underlying policy of this section that nonconforming uses
shall not be enlarged upon, expanded or extended, nor be used
as grounds for adding other structures or uses prohibited
elsewhere in the same district. (Ord. 126 ~12(1), 1971).
17.44.020 Expansion or enlargement. Notwithstanding
the declarations contained in Section 17.44.010, the town
council may grant a conditional use permit allowing a non-
conforming use to expand or enlarge in the use district in
which it is situated; provided, however, that such conditional
use permits shall issue only upon a showing by the owner of the
property to the satisfaction of, and within the sole discretion
of, the town council, that:
A. The proposed enlargement or expansion of the non-
conforming use with specific conditions set forth in the con-
ditional use permit would not be detrimental to the public
health, safety, convenience and general welfare;
B. Unaltered continuance of the nonconforming use or
a conversion to any permitted use would be economically im-
practicable; and
C. Proposed enlargement or expansion of physical facil-
ities housing the nonconforming use would not cause further
nonconformity with regard to yard, height, setback or park-
ing requirements.
No permit shall be granted unless all provisions as may
apply to such use are met. After consideration by the planning
commission, the town council shall have the right to set
specific conditions and may provide for some time period,
either for review, discontinuance or removal. (Ord. 126 ~12
(2),1971).
162
....#
'.
17.44.030
17.44.030 Abandonment. A nonconforming ~se shall be
deemed abandoned by discontinuance or abandonement for a
period of eighteen months, and any subsequent future use of
such land or structures shall be in conformity with the
permitted uses of the district involved. (Ord. 126 ~12(3) 1
1971).
163
(Yelm 2/89)
...~
17.52.010--17.52.030
Chapter 17.52
VARIANCES
Sections:
17.52.010
17.52.020
17.52.030
Intent.
Permitted when--Time limit.
Yard requirements.
17.52.010 Intent. Variances are intended to provide
relief in special circumstances where strict application of
this title would deprive a property owner of rights and
privileges enjoyed by other properties in the vicinity and
under identical zone classification due to the size, topog-
raphy, location or surroundings of particular property.
(Ord. 126 513 (4), 1971).
17.52.020 Permitted when--Time limit. In specific
cases, the town council, after consideration of the plan-
ning commission's recommendations, may grant a special permit
for a variation of the application of the use district regu-
lations herein established, in harmony with their general
purpose and intent, by granting a permit for a temporary
building for commerce and industry in a residence district,
which is incidental to the residential development; such
permit to be issued for a period of not more than one year.
( 0 rd. 12 6 513 ( 5), 19 71) .
17.52.030 Yard requirements. The town council after
hearing before the planning commission, in specific cases
where the topography of the premises or the location of
buildings existing prior to the effective date of the or-
dinance codified herein makes compliance with the provisions
governing the location of private garages and other structures
impossible, may grant a special permit for a private garage
or other structure to be located nearer to the property line
than specified in Section 17.40.030, and in any case where
such location is within a required front or side yard the
highest point of a structure so located shall not be more
than fifteen feet above the average level of the ground.
(Ord. 126 513 (6), 1971).
164
City of Yelm
.105 Yeim Avenue West
POBox 479
Yeim, Washington 98597
(206) 458-3244
PUBLIC HEARINGS
PROPOSED SETBACK VARIANCE FOR
EXPANSION TO COMMERCIAL BUILDING
Ine City of Yelm Plannina Commission and City Councl1 will
be holding a publlC hearing to recelve comment on a proposed side
yard setback variance for expansion of Village Rental, located at
412 Yelm Ave East
The City Plannina Commission will hold a public hearing on
November 7, 1994, at 4.00 p m in Yelm City Hall Council
Chambers, located at 105 Yelm Ave W, Yelm WA A 11 interested
parties are invited to attend Written comments must be received
prior to the hearlng and can be mailed to Yelm Planning
Commission, POBox 479 Yelm, WA 98597, or delivered to City
Ha 11
The Yelm City Council will hold a public hearing on this
same proposal at the same location on November 9 1994, at 7 30
p m All interested parties are invited to attend Written
comments must be received prior to the hearing or be mailed to
City Councl1, POBox 479, Yelm WA 98597, or delivered to City
Ha 11
If anyone has more questions regarding this proposed
development, please contact Ty Peterson, City Planner, at 458-
8408 or at Yelm City Hall
------------------------------------------------
00 NOT PUBLISH
Published; Nisqually Vally News
Mailed to adjacent property owners
Posted in public areas
BELOW THIS LINE
1994
1994
1994
*
&cyded paper
.--------------'---- -----.----..---------
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STAFF REPORT (VAR 8126)
VILLAGE RENTAL SET-BACK VARIANCE REQUEST
PROPOSAL
The City Planning Dept received an application for a variance
from the Commercial C-1 side yard setback requirements The
proposal is to construct a 2,640 square ft addition to the
existing building located at 412 Yelm Avenue E known as Village
Rental The Yelm Zoning Ordinance requires a 10 ft side yard
set-back in a C-1 Commercial Zone The existing building is
located 5 feet from the west side property line A varlance may
been granted for some reason in the past, however I was unable to
locate any records of this The property has an existing access
off Yelm Avenue and is flat in topography
FINDINGS AND RECOMMENDATION
As defined by the City of Yelm in accordance with state law, a
variance is for the modification of size, dimension,or design
requirements in situations where unusual physical conditions of
the property, such as shape or topography, make it impossible or
unduly difficult to meet requirements of the zoning district or
other City standards The power to vary limited to the minimum
change necessary to overcome the inequality inherent to the
property
Variances may be granted only when the following specific
circumstances exists:
1) The change must not constitute a rezone It must not be for
a use not permitted in the zone The request meets this
requirement, and is not requesting a use that is not permitted
2) Special physical conditions must exist on the property which
makes ordinary standards or requirements impossible to meet, or
which would cause undue hardship The request does not meet this
requirement There are no physical limitations do to the
character of the property itself The applicant has not proven
that a hardship exists as a result of the property, not the
proposal.
3) The special conditions peculiar to the property must not
result from actions of the applicant No peculiar conditions or
physical limitations on the property are apparent. The existing
building and its location relative to this proposal are actions
of the applicant
4) The variance must not confer a special privilege that 1S
denied to other properties in the same zone A variance in the
case wou7d do this Other properties in this zone must meet the
required 10 ft set-back requirement
Based upon the previous findings the City Planning Dept
recommends that the Planning Commission not recommend approval of
the variance request to the City Council Furthermore, the
Planning Dept does not recommend approval to the City Council
~~~~
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CITY OF YELM TREASURER'S RECEIPT
Yelm, Washington
lej -/1
By
ORIGINAL-WHITE
19,94
TOTAL
N~
9922
Dollars
00 CJ Q)
/00 00
Yelm Clerk-Treasurer
DUPLICATE-CANARY
TRIPLICATE-PINK
SERVING YOU SINCE 1971
VILLAGE RENTAL CENTERS
RENTALS - SALES - SERVICE
DATE OCTOBER 12, 1994
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TO' YELM PLANNING COMMISSION
FROM' THOMAS J CUNDY
RE' VARIANCE
I AM REQUESTING A VARIANCE 'l'O CONSTRUC'l' AN ADDITION ONTO THE
EXISTING STRUCTURE AT 412 YELM AVE. E., AKA VILLAGE RENTAL
THE EXISTING STRUCTURE IS SET AT A 5' SETBACK, AND I REQUEST THE
SAME FOR THE 72' ADD I T I ON. PLEASE SEE PLOT PLAN A'rTACHED
THANK YOU,
1~
'I'HOMAS J CUNDY
TJC/bt
4614 LACEY BLVD
LACEY, WA 98503
TEL. (206) 491 9424
FAX. (206) 438-9106
ACCOUNTING - 456-0223
( 1-800-729-9424)
412 YELM AVE E
YELM, WA 98597
TEL. (206) 458-5788
FAX. (206) 458-9134
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CITY OF YELM
POBox 479
yelm, I.,VA ~m597
458-3244
OFFICIAL USE ONLY
Fee
Date R~~f'!~ D:
By 0 CT 14 'Ii' t'
File No 1::19 c
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APPLICATION FOR
VARIANCE PERMIT
Fee $10000
(Plus any professional service charges
per Resolution No 252)
Variances are for the modification of size, djrne(1SI'~l(l or d8Si911 IAquirements in situations where unusual physical
conditions of the property, such as shape or tC;:;iA_li'ap:l\-. 'iieJ,e it impossible 01 unduly di!liGult to meet require-
ments of the zoning district or other City standards The ~\ower to vary is limited to the minimum change nec-
essary to overcome the inequality inherer.~ in the propl:!( Y
Variances are granted only when the following '='PP.( in,' i:iiCiAn~jtanCeg exist.
1 The Gtlange must not constitute a rezone It must not ~e fc'r a else nQt permitted in the district
2 Special physical conditions must exist on the prope:l)' \tItlic!~ rnal\8s ordinary standards or requirements im-
possible to meet, or which would cause undue flarclshii--
3 The special conditions peculiar to the property must I'ot result from acti!Jlls of the applicant.
4 The variance must not confer a special privilege that is d~nled to other properties in the same district
NAME OF PROJECT A])DITLQ~~ro________\!dJ~e Ren-tAL -:_i~Irtl____~____
APPLICANT
TorY) C. !l #1 0 i __ __ ___. u ___ 'M ___ __ ~ _ _~_ __._
Mailing Address ~_ _~~L1._ J.At'!!!i.__ $LvO ______
City, State and Zip ,__ _______~_ ____.LA-eer ___wA---,-_ 9fso~________~____._____.__
Telephone_!/!ll~/Pt.!:L.._ __~.____.___ ___~.. -. - ----------
OWNER $AfJ1CZ: ._~___ ___.u___ ___._.
Mailing Address _______ ___._______~________ ------.--------------.
City, State and Zip __~______ _ ___ _._______n_____
Telephone ._________ _________u_________~____~_______
ENGINEER! ARCHITECT/OTHER
Mailing Address _,
City, State and Zip
Telephone
___E:t~~ e.A~LFJ.~,______~__ -----____ --------------
/Cf'IJ s-_ ;f/f!!-f!/ ~q/jju _~(/~._~____._~_~_~________.________
~e /111l11t111J wA
_______=~Z3 ~_,;}~~_?~~_==~=~~~~~=
SUMMARY OF REQUG~T .. .Ige1(/e.~f... _.r1____ tLfJg!.A/lCe-. -ro ~(h/j An
_._AbPITlOtJ WI fit A 5 I '5e""~Af!I<_...::- Tif) __.A!-'(],,~ IAJlfh eX157/11? 15(/lldlllf
_..w~h I\lso _~A5 It 5' $erIJAcK... __________..~_
PROPERTY LOCATION
General Location
L/I:l-
Y~I R1 AtI~___ k7tS7 _~___
Site Address SA-Me ,__~____________~.
Section Township _____ __.____~~_~_ Range
Assessor's Tax Parcel Number ___dd-JlC\ ~ -1!2S DO
Fuil legal descriptIon of subject property (attacfl separate sheet if necessary)
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PLEASE ANSWER THE FOLLOWING QUESTI\tp ~ 110
ATTACH EXTRA PAGES IF NECESSARY L -
1 List the provision(s) of zonin9 or other standards from whicrl you are seeking a variance
5TI3A1DAIl~ (omme~('oll S'lbe $ef/!JAt'K_, S IOf - I ,"vlsh ~ Sl,
l iI-1 : -'~ 4
l Ii :~r,M H"M CITY OF YELM
2. Floor space and use of buildings on site
Existing commef:tlAl.. - ReMIL ________.
Proposed ~~ ._____,._____________~_
3 What are the exceptions or extraordinary circumstances which lead you to believe you are entitled to a variance?
Please describe the special conditions of this site f).J.JS1!!-A/' _ t3lJ,tcltl19 w...,S, {J-MnTtCD A
5' se1'MeK. - HIl57 ItbDlllorl.--9~f!f1TeD__ s' s-c"'~e'K - /liev H./S .s;eeOflf)
ADb111OA/ UJ()(}fd lief looK.. 1l::S 6oaL-Qt.. Be AS iJ""'-ITII~/A!II - '-=-:~_" j
4 Please explain why the hardship should not be regarded as salf.imposed - self-imposed hardships are not
entitled to a variance. ~ _.____~____.______...~___
(J1
5 If your variancftequest is granted, would it grant you a special privilege that is denied to others? Explain
no - 0 etl.'S AILe 9flifll1eD _ \I~/MJfes~ ____.____--
6 How will granting the variance not be detrimental to the public welfare or to properties in the vicinity?
it will lIof At=-FE.c-r A11V~cj)'L__'.v AIJJf~~ _______
7 Is this the minimum variance that will make possiblE:- the lJroposed use of the land? ~ Yes 0 No
Explain
8 How will the granting of the variance be l-on$is!ent witr the purpose and intent of the zoning ordinance?
'?-
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ATTACHMENTS'
Adjacent Property Owners List including Assessors TaA Parcel Numbers
A site pian of the property not larger than 1 i "x17", 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 propose(j to be developed
4 All means of access to and from 'he <F-" anJ size and location of driveways.
5 The location and design of off-street parkir.y 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 /I;fS$ than 20 feet to an Inch and not more
than 100 feet to an Inch.
I affirm that all answers, statements and information abo....e and submitted with this application are complete and
accurate to the best of my knowledge I also affirm !t'at 1 am the owner of the subject site or am duly authorized
by the owner to act with respect to this application FUlther, 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 an j inspect said
property as reasonably necessary to process this appliration I agree to pay all fees of the city which apply to
this apPlic~ 71_/
Signed ~ ~________
Date
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