LETTER FROM REYNOLDS REQUESTING REVIEWDennis D. Reynolds Law Office
200 Winslow Way W. Suite 380 Bainbridge Island, WA 98110
Land Use • Fisheries Law • Enymronmental Law - Business Law - Indian Law • Real Estate
206.780.6777 206.780.6865 fax wwddrlawcom
July 3, 2014
Hand Delivered
Kathy Cook, Director
Department of Planning and Community Development
Bainbridge Island City Hall
280 North Madison Avenue
Bainbridge Island, WA 98110
Re: Rich — Tax Parcel No. 4189-004-019-0006
11691 Sunset Avenue NE, Bainbridge Island, Washington 98110
Dear Director Cook:
Pursuant to the Bainbridge Island Municipal Code, Section 1.26.070, please treat this
letter as a Request for Director's Review. Review is sought of that certain Letter of Violation
dated June 23, 2014 and received July 2, 20141 ("the Notice") issued under BIMC § 1.26.050
and/or BIMC § 1.26.060 by the City's Code Enforcement Officer, Greg Vause. The assigned
file number is COD- 14020. Mr. and Mrs. Rich reserve the right to amend the Request after
review of all relevant City files.
A true and accurate copy of the Notice is attached as Exhibit A and by reference is made
pail of this request. The Notice alleges two violations of the Bainbridge Island City Code, BIMC
16.12.360 (failure to obtain a shoreline pen-nit) and BIMC § 15.04.030 (failure to obtain a
building permit). The Code Enforcement Officer did not perfonn a site visit. The Notice was
issued following a review of City files in which the Officer detennined there were no pen-nits on
record.
This Request for Director's Review is made on behalf of Rodney and Sandy Rich, 11691
Sunset Avenue NE, Bainbridge Island, Washington 98110. Please email my office directly to set
a mutually convenient date for the Director's Review meeting.
SPECIFICATION OF ERRORS
I It was error for the City to determine a Code Violation exists due to the lack of
shoreline pen-nits because the stairway/terraces are exempt from shoreline
pen-nitting requirements per BIMC § 16.12.260.8.9 and 8.16. This aspect of the
Notice of Violation should be withdrawn pursuant to BIMC § 1.26,070.13.2.
1 It was error for the City to determine a Code Violation exists because there is no
evidence of- (1) improper clearing or grading (BIMC § 16.12.0,60), (2)
I Mr. and Mrs. Rich were out of town and did not receive the Notice of Violation until their return, on July 2, 2014.
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Kathy Cook, Director
Dept. of Planning & Community Dev.
July 3, 2014
Page 2
environmental impacts (BIMC § 16.12.070), (3) impact to environmentally
sensitive areas (BIMC § 16.12.080) or violations of Native Vegetation Zone
requirements (BIMC § 16.12.090). This aspect of the Notice of Violation should
be withdrawn pursuant to BIMC § 1.26.070.B.2
3. The Director should modify the Notice of Violation with respect to alleged
violation of BIMC § 15.04.030, building permit requirement, to allow an
extension of time for the Riches to come into compliance pursuant to BIMC
1.26.070.B.4. This is due to the late receipt of the Notice of Violation, obtained
by the Riches on July 2, 2014. This is also due to the erroneous instruction given
to the Riches by the City that no building permit was required for construction of
the stairway /terraces.
BACKGROUND
Approximately 12 years ago, in 2002, Mr. Rich began work on a 4 -foot wide stepped
pathway from his home located at 11691 Sunset Ave NE, Bainbridge Island, to the beach in front
of his home. The City of Bainbridge Island advised the Riches that no shoreline or building
permit was required to construct a pathway up to 4 -feet wide. In other words, the work was
exempt.
The stepped pathway work was completed by hand, slowly and laboriously over the 12-
year period. Work commenced at the beach and continued over the years on the way up to the
house, which sits approximately 70 feet above the beach.
The stepped pathway work included terraces, which act to shore up the bank in front of
the Riches' home. Each terrace is approximately 2.5 -3 feet in height. The City advised the
Riches that anything under four feet in height would not require a permit.
Contrary to the allegations of the Complainants, the work is not primarily a retaining
structure, but constitutes a stairway to the beach. It includes terraces that also function as slope
stabilization.
Contrary to the allegations of the Complainants, the work was not done in response to a
slide on the property," but was accomplished over a 12 -year period.
Because work on the property was done by hand, large patches of ground was never
exposed. The Riches have documentation of all plant purchases made over the past 11 years.
The top terrace of the Riches' stairway is designed to be a small garden space and
includes boxwood and a privet hedge.
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Kathy Cook, Director
Dept. of Planning & Community Dev.
July 3, 2014
Page 3
The Riches attempted twice to engage the city to determine appropriate landscaping to
install within the Native Vegetation Zone. When they received no response to their inquiries,
they sought advice from Junkoh Harui at Bainbridge Gardens who worked with them to develop
a planting plan that the city would endorse. As a result they planted 16 vine maples and several
flats of bramble ground cover. Based upon Junkoh's advice, the Riches removed blackberries
and ivy.
The Complainants in this matter have characterized the top terrace as a "viewing area"
and "entertaining platform." They are allegedly concerned about alleged impacts to privacy
and /or views.
SUGGESTED RELIEF
Upon review, the Director should vacate the Notice of Violation pertaining to BIMC
16.12.360, and should revise the Notice of Violation regarding BIMC § 15.04.030 to provide
for additional time for the Riches to apply for a building permit and /or after- the -fact shoreline
exemption.
Very truly yours,
DENNIS D. YNOLDS LAW OFFICE
Dennis D. Reynol s
Enclosures
cc: Rodney and Sandy Rich
Greg Vause, Code Compliance Officer (w /encl.) (hand delivered)
Lisa Marshall, City Attorney (w /encl.) (hand delivered)
DDR/cr
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EXHIBIT A
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Department of Planning & Community Development _
280 Madison Avenue North
Bainhridge Island, WA 98110
206 -780 -3769
www cl. bainbridge -isl. wa. us
NOTICE OF VIOLATION & ORDER TO CORRECT
The undersigned City of Bainbridge Island Code Compliance Officer hereby certifies and states that;
Violation Location 11691 Sunset Ave NE COD -14020
Property Owner's Name Rodney Rich
Phone: 206 -780 -3794
Parcel Number 4189 004 019 0006
Address
City, State, Zip Code
Sarre as above
Bainbridge Island, WA 98110
DESCRWTION OF VIOLATION
1 81111C 1& 12,360 Permit or exemption required before undertaking development or activity,
A. Permits Required,
1. A development use, or activity shall not be undertaken within the jurisdiction of the Shoreline Management Act (Chapter
90.58 RCW or its successor) and the shoreline master program, unless it is consistent with the policy and procedures of the
Shoreline Management Act, applicable state regulations and the shoreline master program.
2 BI MC 15. 04.030 Building without a permit.
It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or
demolish, equip, use, occupy, or maintain any building or structure in the city, or cause or permit the same to be done, contrary to or
in violation of any of the provisions of the city building code.
Specifically: The City has received a complaint that you have built a retaining type structure after a slide on your
property. A check of the City's permit system shows no permits being issued for your property involving a structure
like this.
ACTION REQUIRED
Within (10) days from the date of this letter, you must bring your property into compliance. Once the
property Is brought into compliance, you must maintain the property to be in compliance with City codes.
A CIVIL INFRACTION CITATION MAY BE ISSUED FOR EACH AND EVERY DAY WHICH TI-IE
VIOLATION CONTINUES BEYOND THE DATE AND TIME ESTABLISHED FOR CORRECTION. A
CRIMINAL CITATION MAY BE ISSUED FOR ANY SUBSEQUENT VIOLATION(s) PER BIMC 1.26.100.
You must callfor an inspection to verify compliance and to cease additional legal actions from being
taken to gain compliance.
Anv Question or for Clarifiearrfnn Pleaco Cn„r.,.•r tho nfnp— Rai-..
Signed: Today's Date: 6 -23 -14
Name: Greg Vause Phone: 206 -780 -3794
rT_itle :. Code Compliance Officer Email: gvause @bainbridgewa.gov