RES 93-44 APPEAL OF KENNETH WALDRIP CUP11-24-92-1 FROM HEX10/15/93
11:50 FAX 206 635 7720 INSLEE,BEST
RESOLUTION NO. 93- 4 4
A RESOLUTION of the City of Bainbridge Island, Washington,
granting the appeal of Kenneth Waldrip from a decision of the
Hearing Examiner in CUP 11-24-92-1.
16004/012
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 Kenneth Waldrip from the final decision of the Hearing Examiner on conditional use permit
application CUP 11-24-92-1.
Sec 'o The Council Chair is authorized to sign the Order on behalf of the City
Council.
PASSED by the City Council this 21 s tday of October, 1993.
APPROVED by the Mayor this 21 s t day of October, 1993.
Sam J. Pranato, Mayor
ATTEST/AUTHENTICATE:
Su P. Kasper, City Clerk
FILED WITH THE CITY CLERK: 10-15-93
PASSED BY THE CITY COUNCIL: 10-21-93
RESOLUTION NO.: 9 3 - 4 4
FADMS1RPK10044490.01 10/15/93
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BEFORE THE CITY COUNCIL
CITY OF BAINBRIDGE ISLAND
In the Matter of the Appeal of.
KENNETH WAL.DRIP,
from a final decision of the hearing
examiner denying an application of
Kenneth Waldrip for a conditional use
permit.
File No. CUP 11-24-92-1
ORDER ON APPEAL
THIS MATTER came before the City Council on a notice of appeal, filed on
August 6, 1993 by Kenneth Waldrip, from the Report, Findings of Fact, Conclusions of Law
and Order entered by Hearing Examiner 1. Robin Hunt . on the application of Kenneth
Waldrip for a conditional use permit to construct a storage facility for cars, boats, and
recreational vehicles.
At its September 16,.1993 regular meeting, the City Council conducted a hearing on
the appeal and heard the arguments and comments of Mr. Waldrip, residents of the area
surrounding the property, and all persons desiring to be heard. Following the comments and
arguments, the City Council passed a motion denying the appeal and affirming the decision
of the Hearing Examiner_
At its October 7, 1993 regular meeting, the City Council passed a motion to
reconsider its decision of September 16, 1993 and passed a motion to accept new
information regarding the application, including a new plan for the proposed storage facility.
The City Council reviewed the new information and was advised that the new plans for the
storage facility were acceptable to Mr. Waldrip and the residents of the area surrounding the
ORDER ON APPEAL - 1
F:\DMS\RFK10044499.01
INSLE&. BEST. DOEZIB & RYDER. P.S.
ATTORNEYS AT LAW
2340 130th A"r N.F.
BW&V 0
P.O. Bos G60018
54mews, Wehkvl« 68008-0016
(2oa) 4661234
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property. Based on this new information, and on revised and additional conditions for the
conditional use permit proposed by the Department of Planning and Community
Development, the City Council passed a motion to grant the appeal and reverse the decision
of the Hearing Examiner.
Based on the record, and the additional information and revised plans, the City
Council grants the appeal and approves the conditional use permit application in accordance
with the "Mad—Dogs Building" plans dated October 5, 1993, subject to the following terms
and conditions:
1. No additional drainage shall flow off the subject site. An engineered drainage
plan shall be approved by the city engineer prior to building permit issuance.
2. The design and siting of the proposed building shall conform to the
comprehensive plan of the city. Conformance shall be achieved by the following, as
determined by the Director of Planning and Community Development:
a. construction in an architectural style complementary to the area;
b. reduced effect of door sizes for the doors that face Logg Road;
C. Type I landscaping as described in BIMC18.84 between the building
and street in both the front and side yards; and
d. any other means that will effect compliance with the comprehensive
plan.
3. Prior to building permit issuance, the applicant shall submit a landscape plan
showing the following:
a. The trees that are not retained shall be replaced with comparable
vegetation. The applicant's landscape architect and city shall work together to improve
screening.
ORDER ON APPEAL - 2
FADM5\RPK\0044499.01
INSLEE, BEST, DOEZIE do RYDER, P.S.
ATTORNM AT UW
2340 1 30th Ave N.E.
Buldtrp D
P.O_ Bet C-90018
Bellavus, WrN roten 98009-9016
(2081 466-1234
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b. The perimeter landscaping that provides heavy screening from Logg
Road shall contain a heavy mix of evergreen species according to the requirements of
BIMC 18.84.040.
4. Prior to building permit issuance, the applicant shall provide engineering
drawings that meet the requirements of BIMC 15.20 and that address any additional concerns
or requirements to the satisfaction of the city engineer. (See Attachment H of the staff
report.)
5. The Municipal Code requirement for a minimum of five bicycle stalls shall
not apply.
6. No constructing, repairing or similar activity shall occur on the site.
7. The applicant shall not protest the formation of any future Local Improvement
District for improvements for sidewalks, streets or utilities.
8. Prior to building permit issuance, the fire marshal shall approve the plan dated
October 5, 1993.
9. A three -rail hence shall be erected around the perimeter of the property.
10. Fruit trees shall be planted on the site in areas not encumbered by septic
fields, unless plantings in septic fields are approved by the health department.
11. The city engineer shall review the request for on-site washing and issue a
statement of approval or denial.
12. Limited access shall be allowed from Sunrise Drive.
13. Outside storage is disallowed.
The City Council adopts the "Report, Findings of Fact, Conclusions of Law, and
Order" entered by the Hearing Examiner on July 29, 1993, "In the Matter of an Application
ORDER ON APPEAL - 3
FADMS\RPK\0044499.01
INSLEE. BEST. DOEVE & RYDER. P.S.
ATTORNEYS AT LAW
2340 130th Avenuo N.E.
Buldlry D
P.O. Bos G00016
Bellevue, W4 Nrgtcn 98009-6010
12081 466-1234
1V11J/ 01) 11. JG rtil LV0 UJJ 1 1-V
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for a Conditional Use Permit, Kenneth Waldrip, Applicant," File No. CUP 11-24-92-1,
attached hereto as Exhibit A, except as follows:
1. Finding of Fact V (Page 5) is amended to read as follows:
Applicant seeks to build a storage facility to store autos, boats, and recreational
vehicles both ' The building would be metal, 60 feet by 48 feet in size,
. The building would be approximately 15 feet high. There
will be few "nn large doors facing Logg Road.
sib Trees in the 34 -foot right-of-way would be retained.
Access would be from Logg Road on the east side of the site. Applicant has agreed
to angle the access road from the south as requested by a neighbor.
Applicant and the neighbors want a pitched roof. The Gity Planning Gefnm6sien and
The building would sit back 9� BI feet from the existing road pavement, or 59 54 feet from
the right-of-way. See the Avised plans, Ekbibit 44 dated October 5. 1993.
2. Finding of Fact VI (Page 6) is amended to read as follows:
Applicant anticipates approximately one vehicle per day in and out of the site. He
would like to be able to wash vehicles and boats periodically. The City Engineer is opposed
to this activity unless a water quality system is designed by a knowledgeable professional."
See memo of July 21, 1993, Exhibit 37. Applicant would plant trees for screening along
the east side of the site, including into the Logg Road right-of-way, since it is unlikely that
Logg Road will be widened.
ORDER ON APPEAL - 4
F:\DMS\RPK\OOW99.01
INSLEE, BEST. DOME & RYDER. P.S.
ATTORNEYS AT LAW
234O 130th Avenue N.E.
6uldkv O
P.O. fiat G9001 a
saMavuk waahkvton 96006-901a
L2061ascn 2aa
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3. Finding of Fact XII (Page 12) is amended to read as follows:
The proposed new storage facility would be compatible in scale with the City Hall
storage facility, Bay Hay and Feed, the auto repair shop, and the commercial establishments
southwest of the corner of Valley Road and Sunrise Drive. It would be comparable in
construction design with the Trask storage facility to the south and the other storage facilities
affiliated with Bay Hay and Feed and the Tord Vestman building further south and west.
4. Conclusion of Law III (Page 13) is amended to read as follows:
BIMC 18.66.030 sets forth conditional uses for Commercial—Island Business
Districts. It includes under subsection E:
Storage facilities, provided no outdoor storage is visible from adjoining
properties in public rights-of-way.
Applicant's proposal is to build such a storage facility in this Commercial—Island Business
District.
There will be no outd r storage. Applicant's proposal thus meets
the threshold determination for a conditional use permit.
5. Conclusion of Law VI (Page 15) is amended to read as follows:
The proposed conditional use is harmonious and appropriate in design, character and
appearance with the existing character and quality ofhie ewe} development in the
eammefeial am to the setth and west at the eemer- of Valley ReeA and Sunrise Dfi-ve. I
ORDER ON APPEAL - 5
FADM$\RPK\00"499.01
INSLEE, EM. DOEME & RYDER, P.S.
ATTOgN EY9 AT LAW
2340 130th Avory N.E.
&+acro 0
P.O. a" C-90019
"Wvu , W-Wryton 90009.9018
12081 466.1234
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ehameter and quality of rftidenfial develop in the immediate vicinity of the subject
property, .
6. Conclusion of Law VII (Page 15) is amended to read as follows:
The conditional use will be served by adequate public facilities. it-wetdd Fkat-be
7. Conclusion of Law VIII (Page 15) is amended to read as follows:
The conditional use wettld will nod be materially detrimental to the wsideftti uses
or properly in the immediate vicinity of the subject property.
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and a sin& Family wood house, 14m other- smeH weed 4tingled hettses in Ote wea. it WeW
atherwise epee residegW mad-.
single fanigy development." Pehey LU %I pmvides that.,
ORDER ON APPEAL - 6
F: \DMS \RPK10044499.01
_INSUM BEST. DOEME & RYI)M P.S.
ATTORNEYS AT LAW
2340 10th Avenue N.E.
Buk&V 0
F.O. Bas C-90016
Bellevue. Wewtkpto 99009-9016
(2061 466-1234
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ORDER ON APPEAL - 6
F: \DMS \RPK10044499.01
_INSUM BEST. DOEME & RYI)M P.S.
ATTORNEYS AT LAW
2340 10th Avenue N.E.
Buk&V 0
F.O. Bas C-90016
Bellevue. Wewtkpto 99009-9016
(2061 466-1234
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8. Conclusion of Law X (Pages 16 and 17) is amended to read as follows:
The proposed conditional use is not in accord with the Comprehensive Plan. The
Comprehensive Plan places great weight on community and neighborhood vitality and
accords special consideration for neighborhood goals. The Winslow Comprehensive Plan
at Page 19 recognizes that "problems exist in areas which border between residential and
non-residential areas," such as the one here.
The community and neighborhood vitality goal is expressed at Page 20 as. "have
new construction be sensitive to existing neighborhood aesthetics ... to create buffer
transition areas to soften the boundaries between "residential and non-residential areas to
minimize automobile traffic within the neighborhood." Applicant's proposed use would
probably generate less automobile traffic than some other commercial uses and therefore is
attractive for that reason. , the use
ef the n*hbodteed, but " The use creates a buffer
transilio and is sensitive to the exigfing neighborhood aesthetics.
9. Conclusion of Law XII (Page 17) is amended to read as follows:
The conditional use will not adversely affect the Logg Road area or alter the area's
predominantly residential nature.
10. Conclusion of Law XTII (Page 17) is amended to read as follows:
The subject property is suitable for the proposed conditional use bu! woe will
M be detrimental to the surrounding miden6al Imd uses land uses or sensitive areas.
ORDER ON APPEAL - 7
F:1DMS\RPK10044499.01
INSLM 13M. DOEZIE & RYDEk. P.S.
ArrORNEYS AT LAW
2340 130th Avwwr N.E.
6Wklry 0
P.O. ft Y C-9001 B
660a Ue. Won M4. ton 96009.9019
(7061 466.1234
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lU/1J/aJ 11: D4 rALn cuv V.,,
11. Conclusion of Law XIV (Page 18) is amended to read as follows:
All necessary measures have been taken to eliminate the impact the proposed use may
have on the area in which it is located: AppReant ho sealed baek-the 9ii5e --.1 1--h-
he hm
ucz-im moved it ba& Ervin the street;c ta-s2iu;-it -with a- t&U -r�
.z-V]}Eli
DATED: October 21 St , 1993.
Ix Council Chair
THE APPLICANT HAS THE RIGHT TO APPEAL IMS DECISION TO THE
KITSAP COUNTY SUPERIOR COURT BY WRff OF REVIEW FILED WITHIN 30
DAYS AFTER THE DATE OF THIS DECISION.
ORDER ON APPEAL - 8
FADMS\XPK\0044499.01
INSLM BRSr. DOMM & RYDER. P.S.
ATTORNEYS AT LAW
1340 1 aM Avarvm NX
04LduQ o
P.O. Bat C-00018
Bellev,r, WMftrv%4n 80000-8016
(2061 4V-1294
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DATED: October 21 St , 1993.
Ix Council Chair
THE APPLICANT HAS THE RIGHT TO APPEAL IMS DECISION TO THE
KITSAP COUNTY SUPERIOR COURT BY WRff OF REVIEW FILED WITHIN 30
DAYS AFTER THE DATE OF THIS DECISION.
ORDER ON APPEAL - 8
FADMS\XPK\0044499.01
INSLM BRSr. DOMM & RYDER. P.S.
ATTORNEYS AT LAW
1340 1 aM Avarvm NX
04LduQ o
P.O. Bat C-00018
Bellev,r, WMftrv%4n 80000-8016
(2061 4V-1294