Yelm hearing examiner pauses decision on variance to allow 39-home Reserve at Palisades; safety, access remain central concerns

The Yelm hearing examiner on Oct. 12 heard argument and public comment on a variance request that would allow 39 single‑family homes in the Reserve at Palisades subdivision (project LD2024.0072) to be served by a single access rather than the two access points required by Yelm Municipal Code 18.52.080. Examiner Mark Scheipmeyer said he would not issue a decision at the hearing and would issue a written decision within 10 working days.

City staff described the variance request and recommended conditional approval. City planner/staff member Kohler told the examiner the proposal would add 39 single‑family units served by one access but that the preliminary plat depicts a future connection from Road B to an adjacent parcel and that the city recommends a condition requiring that future connection and NFPA‑approved automatic sprinklers in each new home. Kohler said the Yelm municipal code requires two accesses for developments of 25 or more homes, while the International Fire Code (IFC) requires two accesses for developments of more than 30 units but offers exceptions if homes are sprinklered or if roads connect to future development.

The city also reported WSDOT (Washington State Department of Transportation) has jurisdiction over State Route 507 and has denied direct project access to SR 507 at this location; WSDOT indicated previously that two connections to Palisades satisfied spacing concerns in their view, but city staff disagreed, noting Palisades Street is a local access residential street and does not meet the municipal code’s definition of an arterial or collector. Kohler summarized WSDOT’s intersection‑spacing guidance for a Class 2 highway: a nominal half‑mile spacing standard and a minimum spacing of 660 feet where no alternative access exists.

Chris Picarro, the city’s building official and fire marshal, confirmed the city adopted the International Fire Code before 2012 and explained why Yelm’s municipal code is stricter than the IFC: in part because Yelm is more remote and backup emergency response may take longer. Picarro said the IFC D107 exception would apply if the homes are sprinklered or if the single access connects to future development as determined by the fire code official.

The applicant’s consultant, civil engineer Matt Webber, said safety and SEPA conditions motivated intersection improvements, including a turn lane, and noted WSDOT’s spacing rules are driving the variance request. "If there is absolutely no alternative access available to a property, then the absolute minimum intersection spacing is 660 feet, and that's not achievable for this parcel," Webber said.

Neighbors and community representatives strongly opposed the variance as proposed. Megan Gwynn, a Palisades Street Southeast resident, said the street narrows to about 22 feet at its tightest point, is frequently lined with parked vehicles and oversized recreational vehicles, and that emergency responders had difficulty accessing a recent house fire on the street. "The possibility of not being able to escape off of our street is what I find of the utmost concern," Gwynn said, adding that sprinkler systems in new houses would not address evacuation or blocked access during wildfires or other emergencies.

Resident Justin Linson argued the municipal code is a public‑safety provision and should not be waived because of a developer’s constraints. "A constraint does not entitle a developer to bypass the laws designed to protect the safety of the residents, emergency responders, and public infrastructure," Linson said, urging the examiner to deny the variance or require a smaller phasing cap as the city did in a prior case (Country Meadows Estates Phase 2).

Other speakers — including Ben Sierra (adjacent property owner), Aaron Yukish (president and resident of Palisades West), and Shondell Trujillo — raised related concerns about cumulative traffic impacts in the area (Mill Road/Mill Pond School), the narrowness of Palisades Street Southeast, the lack of notice to some nearby developments, and the need for a left‑turn lane from SR 507 into Palisades.

In response to public comments, Kohler said satellite imagery shows the narrowest portion of Palisades Street Southeast at roughly 22 feet and noted the city’s code generally prohibits long‑term on‑street parking of large recreational vehicles or trailers on local public streets. He also said Country Meadows differed from this proposal because that developer owned both parcels needed for a second access; in the present case, adjacent parcels are not yet annexed or owned by the applicant.

Exhibits and documentary items attached to the staff report included correspondence from WSDOT, the applicant’s response letter, the city attorney’s memorandum, the Yelm Fire Marshal’s support letter (with conditions), and confirmation that WSDOT would grant access to the adjacent parcel to the west under separate action. The record also contains the applicant’s traffic‑impact analysis estimating new weekday trips, and the SEPA condition referenced by the applicant requiring intersection improvements.

The hearing examiner closed the public‑testimony portion after hearing all speakers, invited staff to respond to the record and the applicant to make a final reply, and said he would issue a written decision within 10 working days. No formal action or permit approval was made at the hearing.

Why this matters: the variance outcome will determine whether the Reserve at Palisades can be constructed at the proposed density or will need to be scaled or phased to meet Yelm’s two‑access rule. The decision also bears on emergency access, wildfire evacuation routes and how Yelm balances its municipal standards with state highway access rules.

What’s next: the hearing examiner will issue a written decision within 10 working days; the city will notify interested parties and make the decision available to those who request notice.