In a recent Yelm City Council meeting held on May 27, 2025, significant discussions centered around a closed record appeal regarding a variance granted for the Reserve at Palisade development, which proposes the construction of 63 homes. The meeting was marked by procedural clarifications and the need for council members to maintain impartiality in their decision-making process.
The council was reminded that they could not initiate their own investigations or consider new evidence outside of the established record. This closed record appeal means that the council's review is strictly limited to the evidence presented during the hearing examiner's proceedings. Legal standards for overturning the hearing examiner's decision were outlined, emphasizing that any reversal must be based on clear errors, lack of substantial evidence, or violations of applicable law.
Council members were asked to disclose any prior communications regarding the case to ensure a fair hearing. Notably, Councilman Richardson recused himself after admitting to having formed an opinion on the matter, highlighting the importance of impartiality in judicial roles.
The appellant, Justin Linson, representing concerned neighbors, argued against the variance, stating that it conflicts with Yelm Municipal Code, which requires a collector or arterial street for subdivisions of this size. Linson emphasized that his arguments were based solely on the existing record and aimed to clarify legal points previously made.
As the council prepares to deliberate, they face the critical task of deciding whether to affirm, reverse, or remand the hearing examiner's decision. Their ruling will have significant implications for local development and adherence to municipal regulations. The council's next steps will be closely watched by community members, as the outcome could set a precedent for future development projects in Yelm.