RES 94-06 DENIAL OF SHORELINE CONDITIONAL USE PERMIT FOR WILLIAM AND CATHY JOHNSONRESOLUTION NO. c~ c] _ ~ b
A RESOLUTION of the City of Bainbridge Island, Washington,
denying a shoreline conditional use permit and a shoreline
substantial development permit for a beach access stairway, upon
application of William and Cathy Johnson (File
No. SSDP 03-20-92-2).
WHEREAS, on March 20, 1992, William and Cathy Johnson filed an application for a
shoreline substantial development permit to construct a beach access stairway from their
property, Lot 4 of the Blue Heron Hill subdivision, to the tidelands below; and
WHEREAS, on November20, 1992, the City SEPA official issued a mitigated
determination of nonsignificance for the stairway; and
WHEREAS, on December 21, 1992, the Murden Cove Preservation Association appealed
the issuance of the mitigated determination of nonsignificance and appealed the decision of the
City to accept and process the application; and
WHEREAS, by decisions entered on March 24, 1993, the Hearing Examiner Pro Tem
denied both appeals and remanded the application to the Planning Commission for review in
accordance with BIMC Chapter 16.12; and
WHEREAS, the Planning Commission met on April 22 and June 10, 1993, and by
memorandum dated June 21, 1993 recommended to the Heating Examiner Pro Tem that the
application be denied and that a public hearing be held on the application; and
WHEREAS, on August 23, 1993, the Hearing Examiner Pro Tem held a hearing on the
application; and
WHEREAS, on October 23, 1993, the Heating Examiner Pro Tem entered a decision
recommending to the City Council that the application be approved, subject to conditions in the
mitigated determination of nonsignificance; and
WHEREAS, on January 20, 1994, the City Council considered the recommendation of the
Heating Examiner Pro Tem and heard arguments and testimony of the applicants, the Murden
Cove Association and interested persons, and by motion denied the application for shoreline
conditional use permit and the application for shoreline substantial development permit; now,
therefore
F:\DMS\RPK\0051974.02 02/03/94 - 1 -
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAINBRIDGE
ISLAND, WASHINGTON, AS FOLLOWS:
Section 1. The City Council adopts the Findings of Fact and Conclusions of Law only of
the "Findings of Fact, Conclusions of Law and Recommendation" entered by the Hearing
Examiner Pro Tern on October 23, 1993, "In the Matter of an Application for a Shoreline
Conditional Use Permit and Shoreline Substantial Development Permit, William and Cathy
Johnson, Applicants," Application No. SSDP 03-20-92-2, attached hereto as Exhibit A, except
as follows:
1. Finding of Fact XIX is amended as follows:
The construction of a beach access stairway at the site, and the proposed design of
the stairway, are compatible with the design of the community joint access stairway
constructed between Lots 5 and 6 in the Blue Heron Hills Planned Unit
Development, and are incompatible with the use of such community joint access
stairway.
2. Findings of Fact XX is amended as follows:
The construction and use of the proposed beach stairway will cause unreasonably
adverse effects to the shoreline environment designation (a conservancy environment)
in which it is to be located.
3. Finding of Fact XXI is amended as follows:
The public interest will suffer substantial detrimental effect from the building of this
stairway at the Johnson residence.
4. Finding of Fact XXII is amended as follows:
There is a joint access beach stairway between Lots 5 and 6 of the Blue Heron Hills
Planned Unit Development, which is available for use by the Johnson family. This
stairway is only one lot from the Johnson property. To access the stairway, the
Johnson family need only travel down a private road to the joint access beach
stairway.
5. Finding of Fact XXIII is amended as follows:
Of the eleven waterfront lots in the Blue Heron Hills Planned Unit Development,
there exists, due to the topographical limitations of the sites, a probable need for the
future construction of five more private beach access stairway similar to this beach
access stairway. If all five private beach access stairways were to be constructed,
the cumulative impact of all six stairways would be inconsistent with the policies of
the Master Program and would produce substantial adverse effects on the Murden
Cove Estuary and the Murden Cove shoreline environment.
F:\DMS\RPK\0051974.02 02/03/94 - 2 -
6. Finding of Fact XXIV is amended as follows:
A joint access beach stairway presently has been constructed between Lots 5 and 6
of the Blue Heron Hills Planned Unit Development. The uplands access for that
stairway is approximately 85 feet from the southerly edge of the Johnson property.
The Johnson family may use that access by traveling down the private road which
services the PUD.
7. Finding of Fact XXV is amended as follows:
Although beach access stairways have been allowed on the shorelines of the City of
Bainbridge Island where necessary for private access to the shoreline in other areas
which have the conservancy environment designation, private beach access stairways
should not be authorized in the Blue Heron Hills Planned Unit Development because
of the need to protect the native vegetation (building/structure setback) zone which
in turn protects the Murden Cove Estuary. Furthermore, beach access stairways are
prohibited by order of the Shorelines Hearings Board.
8. Finding of Fact XXVI is amended as follows:
Finding of Fact VIII(4) of the Shorelines Hearings Board Nos. 87-4 and 87-11 Final
Findings of Fact, Conclusions of Law and Order, states:
By Order dated October 9, 1987, the Shorelines Hearings Board, In the Matter of
Murden Cove Preservation Association v. Kitsap County, et at., SHB Nos. 87-4 and
87-11, Final Findings of Fact, Conclusions of Law and Order, approved the
conditional use permit and shoreline substantial development permit for the Blue
Heron Hills Planned Unit Development project, of which the Johnson's property is
a part. Finding of Fact VIII of the Order restates Condition No. 4 of the shoreline
substantial development permit issued by the Kitsap County Board of Commissioners
on December 8, 1986 as follows:
4. Beach Access or Stairways Are Permitted. Joint use of combined
accesses which follow shared property lines should be encouraged.
Finding of Fact IX of the Order states that the Department of Ecology requested the
following additional condition in the conditional use permit authorized by it on
March 2, 1987:
1. A building/structure setback of 100 feet, as measured from the
toe of the bank, will be delineated on the face of the plat for Lots 1,
2, 3, 4, 8, 9, 10 and 11. Lot 6 will have a 75 foot setback and
Lots 5 and 7 will have a setback splitting the difference between 100
feet and 75 feet.
A beach access stairway is a structure within the meaning of the Department of
Ecology condition. Because the Department of Ecology's condition was the last to
F:\DMS\RPK\0051974.02 02/03/94 - 3 -
be added to the conditions for the PUD, the Department of Ecology condition
supersedes the Board of County Commissioners' condition regarding beach access
stairways. Furthermore, the Department of Ecology intended for the additional
building/structure setback requirement to supersede the beach access stairway
condition of the Kitsap County Board of Commissioners.
9. Conclusion of Law V is amended as follows:
Beach access stairways were specifically not allowed as a condition of the shoreline
conditional use permit approved for the Blue Heron Hills PUD by the Shorelines
Hearings Board in 1987 under its Order Nos. 87-4 and 87-11.
10. Conclusion of Law VI is amended as follows:
The proposed stairway will cause unreasonably adverse effects to the maintenance
of the project site as a conservancy environment.
11. Conclusion of Law VII is amended as follows:
The public's use of the shoreline will suffer substantial detrimental affect from the
location of this private stairway for access to the beach from a single-family
residence. The public interest will suffer substantial detrimental affect from the
construction of beach access stairway at this location.
12. Conclusion of Law IX is amended as follows:
The design of the project will be compatible with other permitted uses within the
area. The use of the site for a private access beach stairway will be consistent with
the use of the joint access stairway already existing for beach access for property
owners in the Blue Heron Hills Planned Unit Development.
13. Conclusion of Law X is amended as follows:
There are no extraordinary circumstances that preclude reasonable use of the
Johnson property with respect to shoreline access in a manner consistent with the
Shoreline Management Master Program.
14. Conclusion of Law XI is amended as follows:
The cumulative impact of additional requests for construction of additional stairways
for private access to the shoreline from the Blue Heron Hills subdivision waterfront
lots should produce substantial adverse effects to the Estuary of Murden Cove and
the shoreline environment.
F:\DMS\RPK\0051974.02 02/03/94 - 4 -
15. Conclusion of Law XII is amended as follows:
The permitting of beach access stairways from individual lots in the Blue Heron
Hills Planned Unit Development is specifically prohibited by the Shorelines Hearings
Board Order.
Section 2. The City Council denies the application for a shoreline conditional use permit
and a shoreline substantial development permit for a beach access stairway filed by William and
Cathy Johnson in File No. SSDP 03-20-92-2.
Section 3. The City Clerk is authorized and directed to carry out the filings and
transmittals set forth in BIMC 16.12.860(N) and 18.12.930(E).
PASSED by the City Council this
day of February, 1994.
7
APPROVED by the Mayor this / "flay of February, 1994.
Janet K. West, Mayor
ATTEST/AUTHENTICATE:
S , City Clerk
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION NO.: 9 c], O~
F:\DMS\RPK\0051974.02 02/03/94 - 5 -
SHORELINE MANAGEMENT ACT OF 1971
PERMIT FOR SHORELINE MANAGEMENT SUBSTANTIAL
DEVELOPMENT, CONDITIONAL USE,
OR VARIANCE
[ ] Substantial Development Permit
[x] donditional Use
[] Variance
Application No.: SSDP 03-02-92-2
Administering Agency:Ci.ty of Bainbridge Island
Date Received.. March 20. 1992
Approved Denied: X
Date of Issuance
Date of Expiration:N/A
Pursuant to RCW 90.58, a permit is hereby granted/denied to
William Johnson
(Name of Applicant)
10078 Edgecomb Place. Bainbridge Island. WA 98110
(Address)
to undertake the following development:to construct an eighteen (18)foot high stairway. to
the beach
upon the following property.. Section 14. Township 25. Range 2 East
(Section. Township. Range)
Within Murden Cove and/or its associated wetlands.
(Name of Water Area)
The project will ,or be within shorelines of state wide significance (RCW 90. 03.350)
(be/not be)
The project will be located within a conservancy designation.
(Environment)
The following master program provisions are applicable to this development: Kitsap Coun.ty
Shoreline Master Program (page 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.
This permit is denied 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.
(Signature of Authorized 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.
(date) (Signature of Authorized Departmetzt Official)