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RES 93-29 SSDP10-22-92-1 FOR PERSONAL TRAMRESOLUTION NO. 93- 29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON, APPROVING A SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT FOR A PERSONAL TRAM, SSDP10-22-92-1. WHEREAS, an application was submitted on October 22, 1992, to the City of Bainbridge Island, Washington, by William Paine to construct a personal tram, and WHEREAS, a public meeting was held by the City Planning Commission on July 8, 1993, to consider the application, and WHEREAS, the City Council of the City of Bainbridge Island, Washington, has determined it to be in the public interest to adopt the Planning Commission's Findings of Fact and Conclusions of Law as determined at its regular Council meeting of August 6 , 1993, NOW, THEREFORE, be it resolved by the Council of the City of Bainbridge Island, Washington, as follows: Section 1. The application of William Paine, SSDP 10-22-92-1, for a personal tram is approved. Section 2. The Findings of Fact, Conclusions of Law, and Conditions of Approval, attached as Attachment 1, are hereby adopted by the City Council. Sam Granato, Mayor ATTEST/AUTHENTICATED: Ralph Eells, Clerk/Treasurer FILED WITH THE CITY CLERK: 7 - 3 0 - 9 3 PASSED BY THE CITY COUNCIL: 8 - 5 - 9 3 RESOLUTION NO.: 9 3 - 2 9 SHORELINE MANAGEMENT ACT OF 1971 PERMIT FOR SHORELINE MANAGEMENT SUBSTANTIAL DEVELOPMENT, CONDITIONAL USE, OR VARIANCE [] Substantial Development Permit Application No. SSDP10-22-92-1 [X] Conditional Use Administering Agency City of Bainbridge Island Variance Date Received October 22, 1992 Approved Denied Date of Issuance Date of Expiration Pursuant to RCW 90.58, a permit is hereby granted/denied to William Paine (Name of Applicant) 9070 Snargue Loon Road, Bainbridge Island, WA 98110 (Address) to undertake the following development to construct a 97 foot long_personal use tram to the shoreline. upon the following property Section 34. Township 26, Range 2 (Section, Township, Range) Within Port Madison Bav and/or its associated wetlands. (Name of Water Area) The project will not be within shorelines of statewide significance (RCW 90.03.350) The project will be located within a semi -rural designation. (Environment) The following master program provisions are applicable to this development:Kitsap County Shoreline Master Program, (page 4-4) and Bainbridge Island Shoreline Master Program (BIMC 16.12.930). (State the Master Program Sections or Page Numbers): If a conditional use or variance, also identify the portion of the master program which provides that the proposed use may be a conditional use, or that portion of the master program being varied. Development pursuant to this permit shall be undertaken pursuant to the following terms and conditions See attached. This permit is granted pursuant to the Shoreline Management Act of 1971 and nothing in this permit shall excuse the applicant from compliance with any other federal, state or local statutes, ordinances or regulations applicable to this project, but not inconcistent with the Shoreline Management Act (Chapter 90.58 RCW). This permit may be rescinded pursuant to RCW 90.68.140(8) in the event the permittee fails to comply with the terms of conditions hereof. CONSTRUCTION PURSUANT TO THIS PERMIT WILL NOT BEGIN OR IS NOT AUTHORIZED UNTIL THIRTY DAYS FROM THE DATE OF FILING AS DEFINED IN RCW 90.58.140(67 WAC 173-14-090, OR UNTIL ALL REVIEW PROCEEDINGS INITIATED WITHIN THIRTY DAYS FROM THE DATE OF SUCH FILING HAVE TERMINATED; EXCEPT AS PROVIDED IN RCW 90.58.140(5)(A)(AXC): - August 6, 1993 r (Date) (Signature of Local Government) THIS SECTION FOR DEPARTMENT OF ECOLOGY USE ONLY IN REGARD TO A CONDITIONAL USE OR VARIANCE PERMIT. Date received by the Department Approved Denied This conditional use/variance permit is approved/denied by the Department pursuant to chapter 90.58 RCW. Development shall be undertaken pursuant to the following additional terms and conditions: (date) (Signature of Authorized Department Official) CONDITIONS OF APPROVAL: 1. No heavy equipment is permitted to operate on the slope. Heavy equipment means self -powered, self-propelled or towed mechanical devices, equipment and vehicles of the nature customarily used for commercial purposes such as tandem axle trucks, graders, backhoes, tractor trailers, cranes and lifts. 2. No portion of the tram may extend below the ordinary high water mark. 3. The tram shall be for the movement of people only. It may not be converted or altered to act as a marine railway. ATTACHMENT 1 r