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906 Yelm Ave E 11032016/ 0f THEito .ow YELM WASHINGTON Nov 3, 2016 Yelm Plaza LLC 8448 N Mercer Way Mercer Island, WA 98040 Attn: Calvin Lee City of Yelm Community Development Department 105 Yelm Avenue West Yelm, WA 98597 Re: Tree Topping at Nisqually Plaza [906 Yelm Ave Parcel #22730110204] Dear Mr. Lee; In April of 2015 there was a discussion with Christine and Gary Carlson [Yelm Building Official] concerning the trees in from of your Nisqually Plaza property on 906 Yelm Ave. This discussion was also notification not to confuse tree trimming with tree pruning. It has come to the attention of Yelm Community Development that the trees in front of 906 Yelm Ave have been trimmed. The trimming resulted in topping of the trees which is prohibited by Yelm Municipal Code 18.57.060: It is unlawful for any person, firm or city department to top any street tree, park tree, or other tree on public property. "Topping" is defined as the severe cutting back of limbs to stubs larger than three inches in diameter within the tree's crown to such a degree so as to remove the normal canopy and disfigure the tree. Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where other pruning practices are impractical may be exempted from this chapter at the determination of the site plan review committee. (Ord. 995 § 12 (Exh. A), 2015). This letter is to inform you the trees must be replaced. Please submit landscaping drawings for city approval to indicate the trees you intend to plant to replace the damaged trees. NOTE: On March 6, 2015 the tree replacement at the Burger King was approved. The City of Yelm allowed the substitution of Golden Raindrop Crabapple for the Toba Hawthorns. The same allowance will be granted Nisqually Plaza. As you have chosen to top the Zelkova on Yelm Avenue they will need to be replaced. You must respond to this letter within 15 days. Failure to comply with this letter by stated time may result in further actions by the City of Yelm, including, but not limited to the issuance of civil penalties of up to $250.00 per day of violations or further enforcement action through court of competent jurisdiction. Ron Kemp, CBO Building and Fire Safety Official (360) 458 -8407 ronk @ci.yelm.wa.us (360) 458 -3835 (360) 458 -3144 FAX wwwA.yelm.wa.us 171— 0 Priority Mail Express@ Er 0, Registered MaD- 0 Adult nature Restricted Delivery K-1dr, 1:1 I-PrENTArne Certified Mail@ F-70, _IPF I F F 1 ❑ Certified Mail Restricteid Delivery "r1eetruGmhandimsept for ❑ Collect on Delivery • Collect on Delivery Restricted Delivery 0 Signature Confirmation' • Insured Mail Postage $ M Restricted Delivery Certified Fee r'U C3 Return Receipt Fee C3 (Endorsement Required) C3 Restricted Delivery Fee C3 (Endorsement Required) —0 r'- Total Postage & Fees $ ru —0 9 3.3 PosftrMn..rflk( Here 2. Ok Postmark Ll 5- 4,le en, 0 C3 s T-A -I-- -No. Calvin Lee, Yelm Plaza . ...... 1-3 8448 N Mercer Way or PO Box 0. ----- - Mercer Island, WA 98040 ---------------------- 7 ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mallplece, or on the front if space permits. 1. Article Addressed to. Calvin Lee, Yelm Plaza LLC 8448 N Mercer Way Mercer Island, WA 98040 9590 9402 1780 6074 7985 33 2. Article Number Mwfer from service label) 7006 2760 0002 3164 5997 Ps Form 3811, July 2015 PSN 7530-02-000-9053 A. Signalure X/ I / ny address different from Iterin 1? ❑ WE enter delivery address below: E3 No 3 Service Type 0 Priority Mail Express@ Adult Signature 0, Registered MaD- 0 Adult nature Restricted Delivery 0 Registered Mail Restricted Certified Mail@ Delivery ❑ Certified Mail Restricteid Delivery "r1eetruGmhandimsept for ❑ Collect on Delivery • Collect on Delivery Restricted Delivery 0 Signature Confirmation' • Insured Mail 0 Signature Confirmation • Insured Mail Restricted Delivery Restricted Delivery Domestic Return Receipt