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RES 96-18 SSDP FOR WILSON BEACH ACCESS TRAM PROJECTRESOLUTION NO. 96-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON, ADOPTING A SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT FOR THE WILSON BEACH ACCESS TRAM PROJECT (SSDP 04-20-95-1). WHEREAS, an application has been submitted to the City of Bainbridge Island, Washington by David Wilson for a Shoreline Substantial Development permit (SSDP 04-20-95-1) for a beach access tram on the east shore of Bainbridge Island, and WHEREAS, the City of Bainbridge Island Planning Commission found that (1) The permit is consistent with the criteria for shoreline substantial development permits for unidentified uses; (2) The project is permitted by the general regulations; (3) The use is permitted in the Semi -rural environment; and (4) The Shoreline Substantial Development Permit will not cause an accessory use or activity inconsistent with the goals, policies and regulations in the SMP, and WHEREAS, the City of Bainbridge Island Planning Commission determined the permit was minor in nature, of relatively small scale and generated no significant public controversy, and WHEREAS, the City of Bainbridge Island Planning Commission adopted the staff report as its findings of fact, conclusions of law and recommendation and referred this proposal to the City Council, and WHEREAS, the City Council of the City of Bainbridge Island, Washington, has determined it to be in the public interest to adopt the Findings of Fact, Conclusions of Law and Recommendation of the Bainbridge Island Planning Commission at its regular Council meeting Wilson Shoreline Substantial Development Permit (SSDP 04-20-95-1) of April 18, 1996, NOW, THEREFORE, be it resolved by the Council of the City of Bainbridge Island, Washington, as follows: Section 1. The SSDP application SSDP (04-20-95-1) to the City of Bainbridge Island for the construction of a beach access tram on Puget Sound is approved accordingly. Section 2. The Findings of Fact and Conclusions of Law and Recommendation, attached as Exhibit A is hereby adopted by the City Council. L' &,- - G'. " Janet K. West, Mayor ATTEST/AUTHENTICATED : ue Kasper, City Clerk FILED WITH THE CITY CLERK: 4/12/96 PASSED BY THE CITY COUNCIL: 4/18/96 RESOLUTION NO. 96-18 Wilson Shoreline Substantial Development Permit (SSDP 04-20-95-1) SHORELINE MANAGEMENT ACT OF 1971 PERMIT FOR SHORELINE MANAGEMENT SUBSTANTIAL DEVELOPMENT, CONDITIONAL USE, OR VARIANCE [X] Substantial Development Permit Application No. SSDP 04-20-95-1 [ ] Conditional Use Administering Agency City of Bainbridge Island [ ] Variance Date Received Approved x Denied Date of Issuance Date of Expiration Pursuant to RCW 90.58, a permit is hereby granted/denied to David Wilson (Name of Applicant) 8836 Ferncliff Avenue (Address) to undertake the following development to construct a 118 foot long tram for beach access on a high bluff on Puget Sound. upon the following property 8836 Ferncliff Avenue, Section 23, Township 25N, Range 2E W.M. (Section, Township, Range) Within Puget Sound and/or its associated wetlands. (Name of Water Area) The project will not be within shorelines of statewide significance (RCW 90.03.350) (be/not be) 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 and the City of Bainbridge Island Shoreline Master Program codified in Chapter 16.12 of the Bainbridge Island Municipal Code, Section 16.12. 940. (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: 1. The applicant will be required to obtain a building permit for the tram 2. All drawings need to be stamped by a licensed structural engineer. 3. An erosion control plan must be submitted and approved by the City Engineer prior to building permit issuance. The plan shall include methods to protect the existing cedar tree next to the tram landing site 4. All work shall take place between April 1 and October 1 5. The foundation screw anchor shall be located 18 inches below beach grade 6. No portion of the tram may land below the ordinary high water mark 7. All conditions of the Hydraulic Proiect Approval shall be complied with 8. The tram shall be for the movement of people only. It may not be converted or altered to act as a marine railway. 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 inconsistent 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(6) 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)0)(c). 9 (Date) (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. Development shall be undertaken pursuant to the following additional terms and conditions: (date) (Signature of Authorized Department Official)