Hard File Scanned
June 24, 1998
CathIe Carlson
City of Yelm
POBox 479
Yelm, W A 98597
RE: Nisqually Plaza
Water Line Easement
Dear Cathie
One more time! Enclosed herewith for your use IS another origmal water hne easement to the
CIty for those mam dIstributIOn hnes located on the Nisqually Plaza property
I think we have the margms correct this tIme, and there are no marks m the margms. My fingers
are crossed
As always, feel free to contact me If you have any questIOns or comments.
Sincerely,
/)
~l~
. Richard Embry, Manager 7
Enclosure
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1133 164TH ST S W I SUITE 107 I LYNNWOOD WA 98037-8121 1(425) 742-0520 FAX (425) 742-5553
SEATTLE I PORTLAND I SAN DIEGO
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Memt>erol
International CounCIl
Of ShOPP"'9Cente,s
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City of Yelm
105 Yelm Avenue West
PO Box 479
Yelm, Washington 98597
(360) 458-3244
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April 16, 1998
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Mr Richard Embry
GratnorDevelopment N W ,:Inc.
1133 164th Street$W; SLJite107
Lynnwood, WA 98037
Re Variance and Short Plat Approval for Nisqually Plaza
J(Jf ..A AS tL--
Dear Mr~: .
..,........
The City has completed its review for a Variance request from side yard setbacks and a short
subdivision for Nisqually F'laza.
The City Council received ~ recommendation from the Yelm Planning Commission to approve
your application for a variance from side yard setbacks for the lots as de.picted on the sHort
subdivision drawjngsigl1ed and dated by Rqbert Swift on December 1, 1997 On March 25,
1998; the City Council approved the variance request as described above
City staff has completed the review of .your appli~tion for the short subdivision of tax parcel
22730110200 and 22730121800, commonly known as Nisqually Plaza Shopping Center
The Site Plan Review'Gommittee finds your application to be in compliance with the
applicable. Yelm Municipal Code(s) provided the following conditions are satisfied prior to final
short plat
1 The applicant shall submit Declaration of Covenants, Conditions and
Restrictions (CC&R's) for the short plat At a minimum they shall contain
provisions for'
a. Authorizing the association to assess and collect fees for the
maintenance and repair of the stormwater system, parking lot and
driveway accesses" and landscaping
b Bylaws that address membership and the structure of the association
c. The CC&R's shall be referenced on the face of the short plat
*
Recycld paper
e.-
c
Mr:Richard Embr:y
April 18, 1998
Page 2
2.
Pleasesubrnit to the city for approval a maintenance,agreement for all
infr.astructure that .serVes more than onel()t. within the plat Maintenance
i agre.ements wil.1 be requiredfo,r the stormwater 'f~9ilities, 'parking, lotanQ,
driveway acqesses a~dlandscaping.1 have enclosed a sample stormwater
_ facility agreement ,for your refe.rence If you, wQuldlike tousethe formatofthe
enclq~edst()rmwater f~cility ~greement, please 'let me 'know ana t would; be
happy to e.,mail the MaintenanceCtlecklist, Attachment "A" ofthe agr~e!'l1erit
, ..'
3
, '
Pleas~ verify thflt the utility ea~ement,AF#~506?10046, provides the ~i'i'ect
'I~nguage for an easement t()-alllotsil1 the~hortoplat for City access and "
(Tlalritenancebf the-STr;:P ,sewer'sy'stein
Please ~ubmita ~h~lI'ed parking lot ~greement t()the,cityfor approval. The
configurati<;>n ofthelots-does not proVide for the minimum 9n ~ite ,parking
requirements;' Le Lot"4 .... Each,lotis required to have. ~ minimum of 1 stall per
every 250 square feet ofbuiidirjg space oranapproved"shared parking ,"
agreemenlth;::lt meets the minl'mumparking, requirementsJorail'the
cornmerciali\Jsesinvolved The shared parking agreement shallQe recorded
and referenced on thef face '<:if the shortpl~t '
, ,
4
5
A~cess tq all lots shall be from existing driv~ways~ No hew aCCesses will be
approvedby,the City please verify that A~F #94-1219012() provides an
ingress/egre.ss and utility easement for all ;Iots in the short plat
6
,
Please provide. a utility easemenUor the City Water lines/system, if it is not
contained in a previously recdrdedeasement
7
, Thurston County Asse,ssor records indicate that tax parcel number
22730121800,no longer exists, jt was compined into 22730110200.per SS-
'8188 '
8
Thurston County Assessor's .office requires the exact square 'footage for each
portion of the improvementwhich falls within each new lot. Please submit this
information with tHe'tlnalplat. '. . ,
Plea~e correct thespeliing qf Lot asshowri on Lot 8
Once the above conditio"ns are satisfle.d the final plat can be submitte.d for
approval and signature Forfinal plat please include the original signed and
notarized [)ec1i:!ration 'of Short. Plat and Covenants; all maintenance
agreements, the CC&R's, 4 blue ,line copies ~nd the Mylar-for final short plat.
Re'view, approval and .sig,nature'ofthe final documents typically can be "
, ccompleted by the gity within ~ we~ks.
9
1,0
j \
Y Mr Ri,chard ~EmQry
April 16, 199~
Page 3,
;1 have 'included a sample of the CC&R~s and Bylaws for a IOGc:llhotneown~r~associa'tiori.
Because your site!s cominercial$ome items in ~hesampledocuments may not beappliqable
~ '
your site and you m(;'lyneedto add additional clau~es ili respect to theconimercial use. You
may beable,'to opt(;'lin a sample ofCC&R;s for a commerdalsubdivisiofl from a title company
~Iso you may want to consult an attorney to en$l!retl1efinal, product is comprehensive;
~- \
If you ha\f.e' ~ny questions, of need further assis.tance please contact me at (360) 458~8408
Sincerely,
~c:.~~~
City I?,lannet
cc: Bob Swift
Shelly Badger
K~Hl Garmann
Drew Pemely ,
Stephanie Conner~
City of Yelm
105 Yelm Avenue West c ~
PO Box 479
Yelm, Washington 98597 '"^ f' (,r
(360) 458-3244 '\ \)\ Qj
- W'-\1J-'
Date March 17, 1998
To
Mayor Wolf and City Council Members
From Cathie Carlson, City Planner
Re:
Case No. VAR..968217-YL
LIST OF, EXHIBITS: EXhibit I - Public Notice
Exhibit II - Applieant's$utnmary of Request
Exhibit III - Vicinity Map
~)
.~~
STA~F REPORT ;. ~UMMARYSTATEMENT AND OE.e~RTMENTRECOMMENDA:rION:
Staff recommends the City Council,approveVAR-98S217-YLbase.don'thefollowing findings and
conclusions. .
PROPOSAL: The appljcanthas applied for a varianceperrnit. The request befor~ is to allow zero lot lines for
side yards so that the applicant can subdivide the parcelihto seven commercial lots. The actual subdivision of
the property is an administrative process and is not before the City Council for consideration
A. Findings.
1 Proponent. Gramor DevelopmentN W , Inc.
2 Location, Nisqually Plaza
3 Public Notice Notice of the Public Hearing was published in the Nisqually Valley News on
March 5, 1998, and posted in public areas. on March 4, 1998 The notice was mailed to adjacent
property owners and the applicant on March 3, 1998
4 Existing Land Use Retail/Commercial Complex
5 Adjacent Land Uses. Commercial
6 Comprehensive Plan. The site is designated Commercial
7
Zoning Chapter 17.26, Commercial Zone C-1
Setbacks Side yard - 10 feet
Fire Protection. Thurston County Fire District #2
Police protection. City of Vel';'
8
9
10
*
R.ei:yded paper
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City of Yelm
'YELM
WASHfNGlTDN' ,
105 Yelm Avenue West
PO Boi479
Yidm. Washington 98597
(360) 458:-3244
.l
Date March 17, 1998
~.
To ' .MayorWolf and Ci~y Cbuncil Members
From Cathie Carlson, pity planner
,
Re Case No, VAR-98?217-YL
"lIST OF EXHIBITS. Exhihit I - Public Notice
Exhibit 1,1 ~ Applicant's Summary of Request
Exhibit tll - Vicinity Map
STAFF REPORT -SOMMARY STATEMENT AND DEPARTMENT "RECOMMENDATION.
Staff recommends the City Council ,approve VAR-988217- YL based'on.,the following findings and
, conclusions ' ','
1:{
~ "
, ,
PROPOSAL:' The applicant has applied for a vanancepermlt. The request befqre IS to alldw zero 10Hnes'for
Side yards so that the CiPplicant <;::an subdivide the parcel iht() seven commercial lotS The actual subdivision of
the property IS an administrative. process and is not' before the City Council fbrcori~ideration
A. ,Findings.
1 Proponent. Gramor Development N W , Inc.
2 Location Nlsqually \Piaz~ J
3 Public Notice Notice of the Public HeCinng, was published in the Nlsquafly Valley News on
March 5, 1998, and posted In-public areas on March 4, 1998 The notice was mailed to adjacent
property owners andttile~applicant on March 3, 1998'
4 Ex}sting Land Use Ret~il/Commercial 'Gbrhplex
'5 Adiacent Land tJses Commercial '
6
.
Comprehensiv~ 'Plan The site is design~ted Commercial ,
:c
7 Zoning Chapte-r t? 26, Commercial Zone C-1
.8 Setbacks Side yard''- 1 0 feet
, ;
9 Fire Protection ThurstQn County Fire Distnct #2
10 Police Protection. Oi!y..ofYelr'n
$-
Rei:ycld paper
...
APPLICABLE STANDARDS AND POLICIES
Comprehensive
Plan
The Comprehensive Plan designation for the site is Commercial
Yelm Municipal
Code
Commercial (C-1) Yelm Municipal Code, Title 17, Chapter 1726 and Chapter
1796
B. PLANNING COMMISSION ACTION. The Planning Commission held a public hearing and
considered the request for a variance permit on March 16, 1998 Based on the staff report and the findings
as described in Section A above, the Planning Commission recommends the City Council approve the
variance permit application
C. COUNCIL ACTION. The City Council may' approve the variance permit application as forwarded by
the Planning Commission, approve the application with modifications or deny the project.
EXHIBIT I
VAR-988217-YL
PUBLIC NOTICE
NOTICE OF PUBLIC HEARING
YELM PLANNING COMMISSION
DATE:
PLACE:
PURPOSE:
Monday, March 16,1998, at 4:00 p.m.
Council Chambers, City Hall, 105 Yelm Ave W., Yelm WA
Public Hearing to receive comments on a variance for zero lot lines on an existing
developed piece of property.
APPLICANT: Gramor Development
LOCATION: Nisqually Plaza
Testimony may be given at the hearing or through any written comments on the proposal received
by the close of the public hearing on March 16, 1998. Such written comments may be submitted to
the City ofYelm at the address shown above.
Any related documents are available for public review during normal business hours at the City of Yelm,
105 Yelm Ave W., Yelm WA. For additional information, please contact Cathie Carlson at 458-8408.
The City ofYelm provides reasonable accommodations to persons with disabilities. If you need special
accommodations to attend or participate, call the City Clerk, Agnes Bennick, at (360) 458-8404, at least 72
hours before the meeting.
ATTEST
City ofYelm
DO NOT PUBLISH BELOW TIllS LINE
Published in the Nisqually Valley News. Thursday, March 5, 1998
Posted in Public Areas. Wednesday, March 4, 1998
Mailed to Adjacent Property Owners. Tuesday, March 3, 1998
EXHIBIT II
V AR-988217 -YL
ApPLICANT'S SUMMARY OF REQUEST
City of Yelm
Application for Variance Permit
Nisqually Plaza
SUMMARY OF REQUEST
The request IS for relIef from commercIal setback reqUIrements that have been added/revIsed
subsequent to the development in 1993 of the Nisqually Plaza shopping center
The ApplIcant has filed a Short Plat applicatIOn with the CIty At the time of the shoppmg center
development, no commercial building side setback requirements eXIsted. The Apphcant
desIgned a portIOn of the shopping center and prepared the Short Plat to not accommodate
building setbacks. CIty of Yelm approval of the proposed Short Plat would place four of the
existing buildmgs (the QFC, Rite Aid, and two adjoimng retaIl structures) into a non-conforming
condition with the current zoning code building setback requirements; hence the need for the
vanance.
With exception of Burger King and Key Bank, which have theIr own separate tax parcels, eIght
buildIngs (seven existing buildIngs, WIth provIsion for another future building) exist on one tax
parcel. Because the Burger KIng and Key Bank structures are all integrated Into the shoppmg
center as one inclusive development, the County Assessor often has difficulty determining whIch
properties and bUIldings are and aren't part of the shopping center The tax assessments are
often in error and require correction
The tenants at the Center pay their proportional share of taxes, based on the share of their space
in their bUIldings. At this time there IS one large tax bill for all seven buildIngs (wIth a potentIal
for another buIlding) in the entire shoppIng center Like the tax assessor, the tenants are often
confused as to whIch property IS or isn't part of the tax bIlls.
The four potentIally non-conformmg structures, although constructed immediately adjacent to
each other and appear to share common walls, actually have a physical separation dIstance of
approximately 6+" between the structural walls.
DIviding the shoppIng center property into logIcal, IndIVIdual tax parcels that relate specifically
to each bUIldIng allows 1) the tax assessor to more easily and accurately determine the
appropnate assessments, and 2) allows sImpler and accurate tax distributions for the tenants.
List the provisions(s) of zoning or other standards from which you are seeking a
variance.
The request IS for relief from commercIal setback requirements that have been added/revised
subsequent to the development In 1993 of the Nisqually Plaza shoppIng center
I
EXHIBIT III
V AR-988217 -YL
VICNTYMAP
V~C~NITY
MAP
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NOT TO SCALE
City of Yelm
105 Yelf11.Avenue West
PO Box 479
Yelm, Washir'gton 98597
(360) 4~8:.P44
, Date "MarcI:l11, '1998
t
,To Yelm PlanningA<;o~mission
From Cathie Garlso~ty Planner
?
Re .Case Nq V AR-~88217 - YL
J
LIST OF EXHIBITS; Exhibit I -. Public Notice
"" . I
, Exhibit II - Applicant's Summary of Request
'Exhibit III - ViCinity Map
A;. Public HearinaObiective. The Planning 'Commis?ion must determin~ .if the application for
a variance permit is cOrlsi~t~nt with the applicable City'of Yelm, Municipal . Code(~) Affer
consideration of ttlefacts and public testimony the, Planning Commission musf take one' of the
,following actions request additional information from the applicant and/or staff, continue the pul;>lic
hearing' or make a recommend~tiof1 of action to the City Council'
B, .Proposal: Theapplfca~t has applied for a'variance permit: The r~quest before the Planning
Oqmmission is to allow zero lot lines for sid~ yaros so that the applicant c,an ?ubdivide the parcel into
seven lots ~ The actual sl.Jbdivision of the property is, a,n administrative process and is not before the
Planning Commission for-consideration ""
c. . Hridinas. ,
.....
1 Proponent Gramor Development N W , Inc
. L
2 ,LoCation Nisqually Plaza
3 ' Public Notice Notice of the Public Hearing was published in the Nisqually Valley
Newson March 5, 1998, anq poste,a in public areas on Mar.ch 4".-:1 998. The notice
'was mailed to adjacent property owner$ and the'applicClnt on MClrch 3, 1998
, ,
4 Exist.ina Land Use Retail/Commerc.ial Co~plex
5
Adiacent Land Uses Commercial '
'\1
e Comprehensive Plan. The site is designated Commercial
7 Zonina Chapter 17.26, Commercial Zone 0-1
8 Setbacks Side yard:. 1 0 f~et
9 -- Fire Protection ThUrston County Fire District #2
(!),
J
Recycld paper
,I,
Case No VAR-988217-YL Nisqually Plaza
Page 2
March 11, 1998
10 Police Protection. City of Yelm
APPLICABLE STANDARDS AND POLICIES
Comprehensive
Plan
The Comprehensive Plan designation for the site is Commercial
Yelm Municipal
Code
Commercial (C-1) Yelm Municipal Code, Title 17, Chapter 17.26 and
Chapter 17 96
D. Staff Analvsis
The commercial building was construction in 1993 on two tax parcels The building department has
reviewed the original construction plans to ensure the building meets minimum fire protection
standards for zero lot lines
The property was developed in 1993 on two parcels under a different zoning code, today's zoning
code would allow for zero lot line development as a mixed use planned development or a master
plan development. The proposal for side yard zero lot lines is consistent with commercial
development standards
E. Staff Recommendation
The City of Yelm Planning Department recommends approval of the variance as requested by the
applicant based on the findings in Section C
EXHIBIT I
V AR-988217 -YL
PUBLIC NOTICE
NOTICE OF PUBLIC HEARING
YELM PLANNING COMMISSION
DATE:
PLACE:
PURPOSE:
Monday, March 16,1 998, at 4:00 p.m.
Council Chambers, City Hall, 105 Yelm Ave W., Yelm WA
Public Hearing to receive comments on a variance for zero lot lines on an existing
developed piece of property.
APPLICANT: Gramor Development
LOCATION: Nisqually Plaza
Testimony may be given at the hearing or through any written comments on the proposal received
by the close of the public hearing on March 16, 1998. Such written comments may be submitted to
the City ofYelm at the address shown above.
Any related documents are available for public review during normal business hours at the City ofYelm,
105 Yelm Ave W., Yelm WA. For additional information, please contact Cathie Carlson at 458-8408.
The City ofYelm provides reasonable accommodations to persons with disabilities. If you need special
accommodations to attend or participate, call the City Clerk, Agnes Bennick, at (360) 458-8404, at least 72
hours before the meeting.
ATTEST
City of Yelm
DO NOT PUBLISH BELOW THIS LINE
Published in the Nisqually Valley News. Thursday, March 5, 1998
Posted in Public Areas. Wednesday, March 4, 1998
Mailed to Adjacent Property Owners. Tuesday, March 3, 1998
-~-~~--
EXHIBIT II
V AR-988217 -YL
ApPLICANT'S SUMMARY OF REQUEST
City of Yelm
Application for Variance Permit
Nisqually Plaza
SUMMARY OF REQUEST
The request IS for relIef from commercial setback reqUIrements that have been added/revIsed
subsequent to the development In 1993 of the Nisqually Plaza shoppIng center
The Apphcant has filed a Short Plat apphcatIOn wIth the CIty At the tIme of the shoppIng center
development, no commercIal buildIng sIde setback reqUIrements eXIsted. The ApplIcant
designed a portIOn of the shoppIng center and prepared the Short Plat to not accommodate
building setbacks. City of Yelm approval of the proposed Short Plat would place four of the
eXIstIng buildings (the QFC, RIte AId, and two adjOInIng retaIl structures) Into a non-conformIng
condItIOn wIth the current zonIng code buildIng setback reqUIrements; hence the need for the
vanance.
With exceptIOn of Burger KIng and Key Bank, which have theIr own separate tax parcels, eIght
bUIldIngs (seven eXIsting buildings, with provlSlon for another future buildIng) eXIst on one tax
parcel. Because the Burger KIng and Key Bank structures are all integrated Into the shopping
center as one inclUSIve development, the County Assessor often has difficulty determinIng WhICh
propertIes and buildIngs are and aren't part of the shopping center The tax assessments are
often in error and reqUIre correctIOn
The tenants at the Center pay theIr proportIOnal share of taxes, based on the share of theIr space
in theIr bUIldIngs. At this tIme there is one large tax bIll for all seven bUIldIngs (wIth a potentIal
for another bUIldIng) In the entIre shoppIng center Like the tax assessor, the tenants are often
confused as to whIch property IS or Isn't part of the tax bIlls.
The four potentIally non-conforming structures, although constructed ImmedIately adjacent to
each other and appear to share common walls, actually have a physical separatIOn dIstance of
approximately 6+" between the structural walls.
DividIng the shoppIng center property Into logIcal, IndiVIdual tax parcels that relate speCIfically
to each bUIlding allows 1) the tax assessor to more easIly and accurately determine the
appropriate assessments, and 2) allows simpler and accurate tax dIstributIons for the tenants.
List the provisions(s) of zoning or other standards from which you are seeking a
variance.
The request IS for rehef from commercIal setback reqUIrements that have been added/revised
subsequent to the development In 1993 of the NIsqually Plaza shoppIng center
EXHIBIT III VICINrl'YMAP
V AR-988217 -YL
V~C~N!TY MAP
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Cl'T'l Of 'lELM
pOBOX 479
Yi8LM. WA 98597
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NOTICE OF PUBLIC HEARING
YELM PLANNING COMMISSION
DATE:
PLACE:
PURPOSE:
Monday, March 16,1 998, at 4:00 p.m.
Council Chambers, City Hall, 105 Yelm Ave W., Yelm WA
Public Hearing to receive comments on a variance for zero lot lines on an existing
developed piece of property
APPLICANT. Gramor Development
LOCATION: Nisqually Plaza
Testimony may be given at the hearing or through any written comments on the proposal received
by the close of the public hearing on March 16, 1998. Such written comments may be submitted to
the City of Yelm at the address shown above.
Any related documents are available for public review during normal business hours at the City ofYelm,
105 Yelm Ave W., Yelm WA. For additional information, please contact Cathie Carlson at 458-8408
The City ofYelm provides reasonable accommodations to persons with disabilities. If you need special
accommodations to attend or participate, call the City Clerk, Agnes Bennick, at (360) 458-8404, at least 72
hours before the meetIng.
ATTEST
City ofYelm
DO NOT PUBLISH BELOW THIS LINE
Published in the Nisqually Valley News. Thursday, March 5, 1998
Posted in Public Areas Wednesday, March 4, 1998
Mailed to Adjacent Property Owners. Tuesday, March 3, 1998
DATE 03/06/98 CK# 5944 TOTAL $250 00***** BANK 1164-100
PAYEE City of Yelm(l~yelm)
Property Account
Invoice
Description
Amount
1164 48081
250
Permit app
250 00
250 00
City of Yelm
Application for Variance Permit
Nisqually Plaza
SUMMARY OF REQUEST
The request IS for relIef from commercIal setback reqUIrements that have been added/revIsed
subsequent to the development In 1993 ofthe NIsqually Plaza shoppIng center
The ApplIcant has filed a Short Plat applIcatIOn WIth the CIty At the tIme of the shoppll1g center
development, no commercIal bUIldIng sIde setback requIrements eXIsted The ApplIcant
desIgned a portIOn of the shoppIng center and prepared the Short Plat to not accommodate
bUIldIng setbacks. CIty of Yelm approval of the proposed Short Plat would place four of the
eXlstll1g bUIldll1gs (the QFC, RIte AId, and two adJoll1lng retaIl structures) Il1to a non-conformIng
condItIOn WIth the current zOl1lng code bUIldIng setback reqUIrements, hence the need for the
varIance
With exceptIOn of Burger Kll1g and Key Bank, whIch have theIr own separate tax parcels, eIght
bulldll1gs (seven eXlstll1g buildIngs, WIth proVIsIOn for another future bUlldll1g) eXist on one tax
parcel Because the Burger Kll1g and Key Bank structures are all Integrated Into the shoppll1g
center as one inclUSIve development, the County Assessor often has dIfficulty determll1Ing whIch
propertIes and bUIldIngs are and aren't part of the shoppIng center The tax assessments are
often Il1 error and reqUIre correctIOn
The tenants at the Center pay theIr proportIOnal share of taxes, based on the share of theIr space
Il1 their buildIngs At tins tIme there IS one large tax bill for all seven bUIldll1gs (with a potentIal
for another buddll1g) Il1 the entIre shoppll1g center LIke the tax assessor, the tenants are often
confused as to whIch property IS or Isn't part of the tax bills
The four potentIally non-conformll1g structures, although constructed nnmedIately adjacent to
each other and appear to share common walls, actually have a phYSIcal separatIOn dIstance of
approxImately 6+" between the structural walls
DIVldll1g the shoppll1g center property Into logical, IndIVIdual tax parcels that relate speCifically
to each building allows 1) the tax assessor to more easily and accurately determll1e the
approprIate assessments, and 2) allows SImpler and accurate tax dIstributIOns for the tenants.
List the provisions(s) of zoning or other standards from which you are seeking a
variance.
The request IS for relIef from commercIal setback reqUIrements that have been added/reVised
subsequent to the development Il1 1993 of the Nlsqually Plaza shoppll1g center
2 Floor space use of buildings on site
Existing' Retad Commercial
Proposed' Not Change
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.
The shoppIng center was constructed and developed m 1993 as one entIty, WIth multiple
buIldmgs (the eXIstIng seven, another potentIally, and mcludmg Burger Kmg) on only two tax
parcels. Burger Kmg later acqUIred one of the tax parcels as Its own, leavmg the rest of the
shoppIng to eXIst on only one tax parcel At the tIme of the shoppll1g center's development,
there were no requIrements for setbacks between adJoll1mg commercIal properties, and the
bUIldll1gs were bUIlt next to each other Slllce the development of the shoppll1g center, the CIty
of Yelm has ll1cluded the shoppll1g center property In the downtown commercIal zone that
reqUIres buIIdll1g setbacks between adJoll1ll1g commercIal properties
The ApplIcant has submItted a short plat to diVIde the Center ll1to logical tax parcels, and the
distances between the eXlstll1g buildIngs does not conform to the current setback requirements
The ApplIcant IS requestll1g relIef from the eXlstll1g setback reqUIrements, as they do not
logically apply III thIS ll1stance
4 Please explain why the hardship should not be regarded as self-imposed. (Self-imposed
hardships are not entitled to a variance.)
The Applicant desIgned and constructed a shoppIng center, 111 1993, whIch conformed to then
eXistIng City of Yelm setback standards, Sll1ce that tune, the CIty has reVIsed the setback
standards TIllS IS an actIVIty out of the control of the Applicant, and not self-Imposed GrantIng
of the variance wdl not materially affect the nature or functIon of the eXIstIng shoppll1g center,
eXlstll1g and neIghbOring busll1esses, or physical Improvements
5 If your variance request is granted, would it grant you a special privilege that is denied
to others? Explain.
No speCial privilege would be granted to Applicant. The variance would not materially affect the
nature or functIOn of the eXlstll1g shoppll1g center, eXlstmg and neighbOring buslllesses, or
physlcalnnprovements
6 How will granting the variance not be detrimental to the public welfacre or to
properties in the vicinity?
To the extent the variance IS speCIfic to admll1IstratIve and not phYSIcal Issues, and therefore
does not affect the phYSIcal attrIbutes of the Center, and IS Isolated speCIfically to the shoppll1g
center, the variance has no Impact whatsoever on surroundll1g propertIes Respective to the
publIc welfare, the varIance IS benefiCIal to the publIc welfare, 111 that the shoppmg center will be
divided Il1to logical tax parcels, which allows the tax assessor to more accurately and tllnely
evaluate the true assessed value ofthe shoppll1g center
7 Is this the minimum variance that will make possible the proposed use of the land?
Yes No. Explain.
This IS the mmll11Um vanance reqUIred to effect the proposed short plat actIVity The vanance
will not affect the eXlstll1g use of the shoppmg center or the nelghbonng properties or busll1esses
8 How will the granting of the variance be consistent with the purpose and intent of the
zoning ordinance?
The vanance requested IS a reviSIOn to buildmg setbacks noted In the current zonIng ordInance
reqUIred for this partIcular area of Yelm The shoppll1g center was developed and constructed 1I1
1993, With a dIfferent set of setback reqUirements The use and physical Improvements of the
shoppll1g center will not be affected by the proposed vanance With the exception of buildll1g
setback relIef, the vanance IS not In conflict With the zonIng ordInance
I~~o' THE p~~1
~ ~
CITY OF YELM
PO Box 479
Yelm WA 98597
360-458-3244
OFFICIAL USE ONLY
Fee ~R'~
:-- "V-
Date Received
APPLICATION FOR
VARIANCE PERMIT
By
File No. \1M Clx<Q} 1fL
Fee: $250 00
(In addition, any professional service
charges per Resolution No. 358 )
Variances are for the modification of size, dimension or design requirements in situations where
unusual physical conditions of the property, such as shape or topography, make it impossible or unduly
difficult to meet requirements of the zoning district or other City standards. The power to vary is limited
to the minimum change necessary to overcome the inequality inherent in the property
Variances are granted only when the following specific circumstances exist:
1 The change must not constitute a rezone. It must not be for a use not permitted in the district.
2. Special physical conditions must exist on the property which makes ordinary standards or
requirements impossible to meet, or which would cause undue hardship.
3 The special conditions peculiar to the property must not result from actions of the applicant.
4 The variance must not confer a special privilege that is denied to other properties in the same
district.
NAME OF PROJECT ~($~U~L.~ PL.A::c..A ~T P'-b-T
APPLICANT f'.l1?~UAl-I.-~ Pl..-A...:~ L- \"""l~
Mailing Address , 1;s.3 - --\lo4-t:: ~4' S i..0 r' 1\=. \ 01
City, State and ZipL '1 i--l t--.l L.Ll~ ".,\..U A q J!f6a S 7
Telephone C+'Z~ 74-z- o52.D .
OWNER <=SAM E
Mailing Address
City, State and Zip
Telephone
ENGINEER/ARCHITECT/OTHER f2- \- S A-SSOC-I.A-.,-e:S
Mailing Address ? O,Bo )(. I ic.(~(
City,StateandZip nL-L.{1""1p\A I ~A t4~~O~
Telephone C~x..~e:) ,?5 -=3. -- Z-e:'f Ca
PROPERTY LOCATION
General Location iJ.D~T ,..\- O\- 1~\ULl, ~Ios- '~~T"\I.0~ ID~ M~.
A t..l D ~ D\2-e. \ s 'Tz. t;;> , ' ;-
Site Address
Section :so Township \...,,..J Range "2..E-
Assessor's Tax Parcel Number -z.. 'J-,:;o i I OZ-Ob J 'z-z. ,'30 i-z.lfX)o
FUIII~al description of subject property (attach separate sheet if necessary)
;bo.12-Gl=,L A- CF '1:=>L-A ..." - e'1B~--> YL i A-F ~ =o~16{ S
CITY OF YELM
ds\c:\office\plandept.cc\apps\variance.app
PAGE 1
- ;-.---,"1" ~ T'r
1
PLEASE ANSWER THE FOLLOWING QUESTIONS
ATTACH EXTRA PAGES IF NECESSARY
List the provision(s) of zoning or other standards from which you are seeking a variance
c:.~Mt-'\E-~G\p.L ~-TBp....6~S
2.
Floor space and use of buildings on site:
Existing ~A-IL- - ~M~_tz.c::..\A-L-
Proposed t-lo c..L.lA-t-l&E:.
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-~E-- A-TT~E..t:=>
3
4
Please explain why the hardship should not be regarded as self-imposed. (Self-imposed
hardships are not entitled to a variance.) ~ A-T T~..l:>
5
If your variance request is granted, would it grant you a special privilege that is denied to
others? Explain. ~ AT T~.l>
6
How will granting the variance not be detrimental to the public welfare or to properties in the
vicinity? ~ A-TTp...L.-t+e..D
7
Is this the minimum variance that will make possible the proposed use of the land?~O
Explain. .e-.:::>F,;-E~ .A-:T~X::>
8
How will the granting of the variance be consistent with the purpose and intent of the zoning
ordinance? ~ ~TI~D
ATTACHMENTS:
.. Mail labels (8 % x 11 sheet) of Owners of Property within 300 feet (include Assessor's Tax
Parcel numbers and map.)
A site plan of the property not larger than 11" x 17", showing:
1 The location of all existing and proposed structures, including buildings, fences, roads
and streets.
2. Setbacks from property Jines.
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 parkinQ areas showinQ 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 a II employees and representatives of the City of Yelm and other
governmental ag cie 0 enter upon and inspect said property as reasonably necessary to process
this applicatio I a e to pay all fee~...of t city w'h app~y to this apPlicati~:
Signed ..t4d .~b Date?
CITY OF YELM
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