92-29 DENIAL OF APPEAL OF JOHN AND AUDREY GREENWAY FROM HEX CUP 11-27-91-1RESOLUTION NO. 92-29
A RESOLUTION of the City of Bainbridge Island, Washington,
denying the appeal of John and Audrey Greenway from a decision
of the Hearing Examiner in CUP 11-27-91-1.
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON,
DOES RESOLVE AS FOLLOWS:
Section 1. The City Council adopts the Order on Appeal, attached hereto and by this
reference incorporated herein, as the decision of the City Council in The Matter of the Appeal
of John and Audrey Greenway from a final decision of Hearing Examiner J. Robin Hunt
approving an application of Anne And Steven Schwager for a conditional use permit
(CUP 11-27-91-1).
Section 2. The Deputy Mayor is authorized to sign the Order on behalf of the City
Council.
PASSED by the City Council this 18th day of June
,1992.
APPROVED by the Mayor this 18th day of June
· G ato, Mayor
, 1992.
ATTEST/AUTHENTICATE:
Ralph EelIs, Finance Director
FILED WITH THE CITY CLERK: 6-12-92
PASSED BY THE CITY COUNCIL: 6-18-92
RESOLUTION NO.: 92-29
F:\DMS\RPK\0007637.01 05/26/92
ATTORNEYS AT LAW
Deborah S Berg*** 2340 130th Avenue N.E. Rod P Kaseguma
Dawd A. Best Building D Rosemary A. Larson
Carey L Caldwell RO Box C-90016 David J. Lawyer
Jerome D Carpenter Bellevue, Washington 98009-9016 William J L~ndberg. Jr
R,chard U. Chapn John W. Milne
Don E. Dascenzo (206) 455-1234 Patnc~a A. Murray
Thomas H. De Buys Fax: (206) 885-5101 John E Rodda***
Peter A. Deming Stephen D Rose*
M~chael Doeae Michael R Ruark
Thomas H. Grimm** Milan Gall Ryder
Henry R Hanssen, Jr John E Sullivan *
Sarah I_ Hunter James S Turner
Evan E. Inslee Joe E Wishcamper
William C. Irvine
Of Counsel
June 10, 1992 William LChoquette*
' Also Admitted ra A,a~ka
· * Alqo Admitted m Cahforn~a Please respond to:
· ** Also ~dra~tted 4n Oregon
City Council
City of Bainbridge Island
625 Winslow Way East
..
Bainbridge Island, Washington 981 I0
Re:
Greenway Appeal of Approval of Conditional Use Permit for Schwager
Fence: File No. CUP 11-27-91-1
Dear Members of the City Council:
In accordance with the motion passed by the City Council at the last meeting,
enclosed is a resolution and order denying the Greenway appeal and amending the decision
of the Hearing Examiner to exclude the reference to the dispute between the property
owners and the Comprehensive Plan.
Sincerely,
INSLf~ ..BEST, DOEZIE & RYDER, P.S.
,~-'
Rod P. Kaseguma
RPK:cab
cc: Lynn Nordby
Stephanie Warren
Robin Hunt
Thomas C. O'Hare
J.R. Sherrard
Enclosures
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BEFORE THE CITY COUNCIL
CITY OF BAINBRIDGE ISLAND
In the Matter of the Appeal of:
JOHN and AUDREY GREENWAY,
from a final decision of the heating
examiner approving an application of
Anne and Steven Schwager for a
conditional use permit.
File No. CUP 11-27-91 - 1
ORDER ON APPEAL
THIS MATTER came before the City Council on a notice of appeal, filed on
April 16, 1992 by Paul R. Panther on behalf of John and Audrey Greenway, from the
findings of fact, conclusions of law and order entered by Heating Examiner J. Robin Hunt
on the application of Anne and Steven Schwager for a conditional use permit to construct
a wooden fence more than six feet high.
On May 21, 1992, the City Council heard the arguments and comments of J.R.
Sherrard, attorney for the Greenways, Thomas C. O'Hare, attorney for the Schwagers, and
Stephanie Warren, Director of Planning and Community Development. Following the
comments and arguments, the City Council continued consideration of the matter to June 4,
1992. The City Council voted by motion on June 4, 1992, to deny the appeal and amend
the findings of fact, conclusions of law and order entered by the Heating Examiner.
The City Council has considered a staff report dated March 23, 1992, a
November 15, 1991, memorandum to the City Council from the Land Use Committee, the
minutes of the February 27, 1992, Planning Agency meeting relating to the application, a
November 4, 1991, letter from the Schwager's to the City Council, a brief filed by
ORDER ON APPEAL - 1
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INSLEE, BEST, DOEZIE & RYDER, P.S.
ATTORNEYS AT LAW
2340 130th Avenue N.E.
Building D
P.O. Box C-90016
Bellevue, Washington 98009-9016
(206} 455-1234
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Mr. Sherrard on behalf of the Greenways, and the Findings of Fact, Conclusions of Law and
Order entered by the Hearing Examiner on April 3, 1992, together with exhibits referenced
in that Order.
Based on the evidence presented and the arguments and comments of the parties and
the City, the City Council amends such Findings of Fact, Conclusions of Law and Order as
follows:
1. Background, Synopsis, second paragraph, first sentence (Page 1 ): Delete "and
a sense of security" and the last two clauses following the word "Applicants".
2. Background, Synopsis, second paragraph (Page 2): delete the last sentence.
3. Background, Public Hearing, second paragraph (Page 4): Delete the first
sentence.
4. Background, Public Hearing, last paragraph (Page 5): Delete the first
sentence.
5. Background, Post Hearing, first paragraph (Page 5): Delete "(1)" and all
words after "(2)" in the last sentence.
6. Findings of Fact VI, VII, VIII, IX and X: Delete these findings of fact.
7. Findings of Fact XV: Delete words after "brief" in the third sentence and
delete word "also" in the fourth sentence.
8. Conclusion of Law III: Delete "as well as the 1987 Comprehensive Plan".
9. Conclusion of Law VII: Delete the entire conclusion.
Conclusion of Law VIII: Delete "third" and replace with "second" in the first
Delete phrase "respond to Applicant's allegations and to" in the first sentence.
10.
sentence.
Delete the last sentence.
11. Conclusion of Law XI, second paragraph:
Delete the second sentence.
ORDER ON APPEAL - 2
F: \DMS \RPK\0007639.01
INSLEE, BEST, DOEZIE & RYDER, P.S.
ATTORNEYS AT LAW
2340 130th Avenue N.F.
Building D
P.O. Box C-90018
Bellevue, Washington 98009-9016
(206) 455-1234
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12. Conclusions of Law XII, XIII and XIV: Delete these conclusions.
13. Order: Add "and on condition that the fence be finished on both sides".
Based on the evidence presented and the arguments and comments of the parties and
the City, the City Council finds that the decision of the Hearing Examiner is supported by
substantial evidence. Therefore, the decision of the Hearing Examiner is affirmed.
DATED: June 4, 1992.
CHARLES AVERILL, Council Chair
ORDER ON APPEAL - 3
F:\DMS\RPK\0007639.01
INSLEE, BEST, DOEZIE & RYDER, P.S.
ATTORNEYS AT LAW
2340 130th Avenue N.E.
Building D
P.O. Box C-90016
Bellevue, Washington 98009-9016
(206) 455-1234
PROCLAMATION
THE CITY OF BAINBRIDGE ISLAND, WASHINGTON, DECLARES
NATIONAL FLAG DAY - JUNE 14, 1992, AS AN ANNUAL PAUSE FOR THE
PLEDGE OF ALLEGIANCE TO THE FLAG DAY.
WHEREAS, the City of Bainbridge Island, Washington, is
pleased to join in the implementation of PAUSE FOR THE PLEDGE OF
ALLEGIANCE TO THE FLAG DAY; and
WHEREAS, by Act of Congress of the United States dated
June 14, 1777, the first official Flag of the United States was
adopted; and
WHEREAS, by Act of Congress dated August 3, 1949, June 14
of each year was designated "NATIONAL FLAG DAY"; and
WHEREAS, the Congress has requested the President to
issue annually a proclamation designating the week in which June 14
occurs as NATIONAL FLAG WEEK; AND
WHEREAS, on December 8, 1982, the National Flag Day
Foundation was chartered to conduct educational programs and to
encourage all Americans to PAUSE FOR THE PLEDGE OF ALLEGIANCE on
Flag Day, June 14; and
WHEREAS, by Act of Congress, Public Law 99-54 was passed
to have the PAUSE FOR THE PLEDGE OF ALLEGIANCE as part of the
celebration of National Flag Day throughout the nation; and
WHEREAS, Flag Day celebrates our nation's symbol of
unity, a democracy in a republic, and stands for our country's
devotion to freedom, to the rule of all, and to equal rights for
all; and
WHEREAS, this year is the 100th Anniversary of the
writing of the Pledge of Allegiance by Francis Bellamy at Fort
McHenry.
NOW, THEREFORE, I, Mayor Sam J. Granato, do hereby
proclaim Sunday, June 14, 1992, as Flag Day in the City of
Bainbridge Island, Washington, and urge all citizens to pause at
4:00 p.m., P~T, on this date for the thirteenth PAUSE FOR THE
PLEDGE OF ALLEGIANCE to the Flag and join all Americans in reciting
the Pledge of Allegiance to our Flag and Nation.
On this ~4day of