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16518 SR 507 SE 01242017City of Yelm Imo/ \�I Community Development Department YELM 105 Yelm Avenue West WASHINGTON Yelm, WA 98597 January 24, 2017 JOTA INC 7955 Auberge Circle San Diego, CA 92127 Re: Tree Topping at 16518 State Route 507 [Parcel #64303400500] To Whom It May Concern; It has come to the attention of Yelm Community Development that the trees around your Chevron Station at 16518 State Route 507. 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. 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 www.ci.yelm.wa.us To whom it may concern, Hi, this is Tony, business owner of Chevron. I truly believe while I run my business here in Yelm, I need to pursue a good relationship between City of Yelm and I. I have received a letter from the city about trimming the trees, and I want to ask your advice. When I first took this business over back in March of 2016, 1 noticed that the trees around the business are not maintained well, and seemed as if it is hindering the look and the sales of the business as they covered all around the business. So I asked about the trees to the previous owner. He said the trees belong to the city but the owner of the business is required to maintain /trim them. The previous owner has told me that he didn't trim the trees for past 8 years and during that time the tree grew out so much and covers all around the business (please see the picture I've attached below) So I've decided to take care of the tree after I took over the business. And meanwhile one customer had reached me and asked if 1 want to trim the trees and I said I want to. The customer told me that he has been doing the landscaping business for many years that he's an expert trimming trees and he could trim it for me. Since I had no idea who I need to ask for to trim the trees, I thought it was a good chance to trim them with him. I asked him to trim them and he set the date and trimmed the trees while I wasn't there. Few days after he had left, I came to work, and noticed the trees were cut like how they are now. From my point of view, without knowing the city regulation about the trimming trees, it looked great as the trees are not covering my business, let customers know the existence of gas station. Customers have mentioned that it looked great that they could see our business from the road, and actually we have increased our sales that we could hire one more employee. Frankly saying, I didn't know about the existence of codes regarding trimming trees. I thought making the business better and paying more taxes to the city and allowing more job openings to the city was the better contribution as a business owner to city. I did not know the existence of regulation and the code about how much I should trim the trees until I received letter from the City of Yelm. The letter indicated that the trees were killed, but actually it is not true. I truly believe that when spring comes, the new buds will come out and the leaves will grow out from the trees. Also it will provide better image of the look of the trees when new branches and leaves grow. I want to ask your advice and talk with you regarding this matter. I truly apologize that I trimmed the trees with my lack of knowledge. Because this is first business that I'm running, and I don't have any experience, I just believed the one who said to have many years of experience in landscaping, and did such thing without look further into it. I have only myself to blame for this matter. But from this matter, I truly learned a lot, and 1 really do apologize to Yelm City. I want to ask you to trust me that I will take good care of the trees to grow out the leaves from now on. The trees are still alive and what I believe and want to ask is that if maintaining the trees that are still alive and take care of them is a better option than killing the trees that are still alive and replacing them. If the trees don't grow out, I will implement accordingly as how the city requires me to do. I will put all my effort in taking good care of the trees that we have now, and grow them according to the codes and also want to grow my business and contribute more to City of Yelm. If the branches grow and new buds comes out later, I also want to contact the city and ask for advice on how to take care of the trees according to regulations and codes of the City of Yelm. I want to ask if we could wait and observe how the trees are growing back this year, and if they don't grow then I will ask your advice that time what will be the best option when we are sure the trees are dead. I will truly appreciate your opinion and advice, once again, I truly apologize. I will look forward your reply, Thank you Sincerely Tony • Complete items 1, rAind 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 mailpiece, or on the front if space permits. 1. Article Addressed to: —Calvin Lee Yelm Plaza LLC 8448 N Mercer Way Mercer Island, WA 98040 1111111111111111111111111111111111111111111111111111 9590 9402 1780 6074 7986 49 2. Article Number irransferfrom service label) 7006 2760 0002 3164 6581 PS Form 3811, July 2015 PSN 7530 -02 -000 -9053 A by (Printed Nao) I C. D. Is delivery address different from Item 1? U Yes If YES, enter delivery address below: p No 3. Service Type ❑ Priority Mall Express® ❑ Adult Signature CO �e❑ ult Signature Restricted Delivery p egVSt�yered Mail Restricted rtified Mail® El Certified Mail Restricted DeUvery Isturn Receipt for For delivery information • Insured Mail ❑ Signature Confirmation _11 I x I Postage $ . y S d 'TJSrU M Certified Fee ��'gb Postmark E3 C3 Return Receipt Fee (Endorsement Required) M Restricted Delivery Fee (Endorsement Required) NTotal Postage & Fees rij Sent To —0 •__•______ 3`treet, Apt Nc.; Calvin Lee Yelm Plaza LLC --------- _----------- ......... C3 or PO Box No. 8448 N Mercer Way I-- -------------------------- Mercer Island, WA 98040 --------- ------------------- • Complete items 1, rAind 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 mailpiece, or on the front if space permits. 1. Article Addressed to: —Calvin Lee Yelm Plaza LLC 8448 N Mercer Way Mercer Island, WA 98040 1111111111111111111111111111111111111111111111111111 9590 9402 1780 6074 7986 49 2. Article Number irransferfrom service label) 7006 2760 0002 3164 6581 PS Form 3811, July 2015 PSN 7530 -02 -000 -9053 A by (Printed Nao) I C. D. Is delivery address different from Item 1? U Yes If YES, enter delivery address below: p No 3. Service Type ❑ Priority Mall Express® ❑ Adult Signature ❑ Registered Mail'"' �e❑ ult Signature Restricted Delivery p egVSt�yered Mail Restricted rtified Mail® El Certified Mail Restricted DeUvery Isturn Receipt for • Collect on Delivery Merchandise r►r • Collect on Delivery Restricted Delivery O Signature Confirmation • Insured Mail ❑ Signature Confirmation 13 Insured _Mail Restricted Delivery Restricted Delivery Domestic Return Receipt