RES 96-49 REFUSAL OF PERMITS FOR PROPERTY OWNED BY CINDY'S CUPCAKES LLC ON TOLO ROADReturn Address:
Susan P. Kasper
City of Bainbridge Island
625 Winslow Way E.
Bainbridge Is., WA 98110
3007845
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CITY OF BAINBRIDGE IS RESOL $9.00 Kitsap Co, WA
RESOLUTION NO. 96-49
A RESOLUTION of the City of Bainbridge Island, Washington,
declaring the intent of the City to refuse to accept, process, or approve
any and all applications for permits or approvals relating to
nonforestry uses, except boundary line adjustments, of certain property
owned by Cindy's Cupcakes L.L.C., located on Tolo Road.
WHEREAS, the real property located on Tolo Road within the City, with the tax
parcel number 172502-4-016-2000 and described as the west half of the east half of the
west half of the northwest quarter of the southeast quarter, Section 17, Township 25 North,
Range 2 East, W.M.; in Kitsap County, Washington, except roads (Property), was the
subject of a forest practices application dated February 13, 1996 and filed with the
Washington State Department of Natural Resources; and
WHEREAS, the forest practices application sought authority to conduct certain
forest practices on the Property; and
WHEREAS, Cindy's Cupcakes L.L. C. was listed as the owner of the Property on
the forest practices application; and
WHEREAS, RCW 76.09.070(3) authorizes a city, for six years after the date of a
forest practices application, to refuse to accept, process, or approve any and all applications
for permits or approvals for nonforestry uses of the real property subject to the forest
practices application, where the application fails to indicate an intent to convert such
property to a use other than commercial timber production; and
WHEREAS, forest practices application described above indicated that there was
no intention to convert the Property to a sue other than commercial timber production; and
WHEREAS, there is present cause to believe that the owner intends to concert the
Property to a sue other than commercial timber production; and
WHEREAS, the City desires to record its intention to refuse to accept, process, or
approve any and all applications for permits or approvals for nonforestry uses, except
boundary line adjustments, of the Property;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF BAINBRIDGE ISLAND, WASHINGTON, AS FOLLOWS:
Section 1. For a period of six years from February 13, 1996, which is the date
of the forest practices application filed with the Department of Natural Resources by
Cindy's Cupcakes L.L.C. for the Property, the City intends to refuse to accept, process, or
approve any and all applications for permits or approvals relating to nonforestry uses,
except boundary line adjustments, of the Property. The applications for permits and
approvals shall include but are not limited to, clearing and grading permits, mining permits
or approvals, conditional use permits, building permits, and subdivision and short
subdivision approvals.
Section 2. If any provision of this resolution, or its application to any person,
entity, or circumstances, is for any reason held invalid, the remainder of the resolution, or
the application of the resolution to any other person, entity or circumstance, is not affected.
Section 3. This resolution shall be filed with the Kitsap Country Auditor.
PASSED by the City Council this 19th. day of December, 1996.
APPROVED by the Mayor this 19th. day of December, 1996.
Janet K. West, Mayor
ATTESTED/AUTHENTICATE:
Susan P. Kasper, City Clerk
FILED WITH THE CITY CLERK: December 13, 1996
PASSED BY THE CITY COUNCIL: December 19, 1996
RESOLUTION: 96-49
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CITY OF BAINBRIDGE IS RESO. $9.00 Kitsap Co, WA