NOTICE OF APPEALNOTICE OF APPEAL
IDENTIFICATION OF APPELLANTS: The appellants are Bainbridge Safe Clean and Quiet and
the following island residents: Roberta Schaffer, Laura Harrison, Diane Hooper, Betsy Hettich,
Bill Hettich, Monica Edwards, Dough Edwards, Philene Vaivods, Dion Zwimer, Lynn Sinclair,
Christa Little, and Linda Lubovich.
IDENTIFICATION OF THE APPELLANTS' INTERESTS: Bainbridge Safe Clean and Quiet is
a not -for- profit association. The individual appellants are all Bainbridge Island residents, many
residing in close proximity to the Bainbridge Island Sportsmen's Club. Bainbridge Safe Clean
and Quiet, its members and the individual appellants are dedicated to assuring that the use of
firearms on Bainbridge Island is well regulated and occurs only in a safe, clean and quiet manner.
IDENTIFICATION OF DECISION BEING APPEALED: This appeal is filed to obtain review of
the decision dated July 29, 2016, entitled: "Bainbridge Island Municipal Code Interpretation of the
Director of Planning and Community Development: Sportsman Club Determination of Use,
Status, and Necessary Land Use Approvals/Permits" (the "Interpretation "). The Interpretation
relates to property owned and operated by the Bainbridge Island Sportsmen's Club at 8203
Sportsmen's Club Road ("the Property").
SUMMARY OF GROUNDS FOR APPEAL:
1. The Interpretation determines that the current proposal for three firing positions on the rifle
range is the "same number of firing positions" as currently exist. This determination is in
error for two reasons. One, the rifle range has not been used for at least seven years. In
terms of use, no firing positions currently exist. Two, when the rifle range was last used,
there were only two firing positions, not three.
2. The Interpretation incorrectly determines that the existing use is a "club" as that term is
defined in the Bainbridge Island Code. The Code defines a "club" as:
"Club" means a meeting place for an incorporated or unincorporated association of
persons organized for some common purpose, including social, educational,
literary, political, or charitable purpose, operated by a private nonprofit or
noncommercial organization.
BIMC 18.36.030(50).
The Bainbridge Island Sportsmen's Club property is not used exclusively for "club"
purposes, as that term is defined by the code. In addition to "club" purposes, the Property
is used for commercial purposes. It is open to the public and the public is charged a fee for
using the firing ranges. Because the Property is used for commercial purposes, it is not an
allowed use under the zoning code, with or without a conditional use permit.
Moreover, there is no evidence that the Club was using the Property for commercial
purposes when the city incorporated in 1991. As a result, the commercial use of the
Property is an unlawful expansion of use and should be terminated immediately.
The Interpretation ignores that the use of the Property has increased since 1991. While a
legal non- conforming use may be allowed to intensify its uses if the intensification does
not increase incompatibility with adjacent uses, the increased use at the Property (e.g., more
frequent shooting; new, louder and more powerful weapons) is causing substantially
greater adverse impacts on surrounding properties and, therefore, is not allowed and should
be stopped.
4. The Interpretation recognizes that a legal non - conforming use loses that status if the use
"ceases" for more than 180 days. See BIMC 18.30.020.C. The Interpretation recognizes
that the rifle range has not been used for more than 180 days. (Indeed, the rifle range has
not been used for at least seven years.) But the Interpretation says the non -use of the rifle
range for more than 180 days is irrelevant because the Property has been used for other
uses during that time. The Interpretation is wrong in determining that uses other than use
of the rifle range can serve to avoid the loss of non- conforming use status of the rifle range,
given the non -use of the rifle range for at least seven years (far more than 180 -day
maximum).
5. The Interpretation ignores that while legal non - conforming uses may be allowed to
continue, they nonetheless are subject to new regulations intended to make the use
compatible with the smrounding environment. Thus, the entire shooting facility, not just
the proposed changes, are subject to the current code requirements for a conditional use
permit. The city should apply its current conditional use permit requirements to assure that
the activities on the Property are conducted in a safe, clean and quiet manner that is
compatible with surrounding land uses and the environment.
DATED: August 11, 2016.
DaVd A. Bricklin
Bricklin & Newman
1424 Fourth Avenue, Suite 500
Seattle, WA 98101
206 264 8600
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41PKITSAPBANK. CASH'ER'$CHECK NUMBER 32702
MEMBER FOIL 9B- 290/1251
PO BOX 9, PORT ORCHARD, WA 98366
www.kitsapbank.com 800 - 283 -5537
Br N: 6 TLR: W79748b DATE. CHECK NO. AMOUNT
August 11, 2016 * * * * * * ** *530 -.00 **
PAY ** *FIVE HUNDRED THIRTY DOLLARS AND ZERO CENTS
TO
THE ** *CITY OF BAINBRIDGE ISLAND * **
ORDER
OF
Remitter: LINDA LUBOVICH p
8 SECURITY FEATURES INCLUDED. DETAILS ON BACK. G
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41PKITSAPBANK. CASH'ER'$CHECK NUMBER 32702
MEMBER FOIL 9B- 290/1251
PO BOX 9, PORT ORCHARD, WA 98366
www.kitsapbank.com 800 - 283 -5537
Br N: 6 TLR: W79748b DATE. CHECK NO. AMOUNT
August 11, 2016 * * * * * * ** *530 -.00 **
PAY ** *FIVE HUNDRED THIRTY DOLLARS AND ZERO CENTS
TO
THE ** *CITY OF BAINBRIDGE ISLAND * **
ORDER
OF
Remitter: LINDA LUBOVICH p
8 SECURITY FEATURES INCLUDED. DETAILS ON BACK. G
110032702ii' i:L25i029061% 60902434L611'
7ilZLTt7.7tRIH
AUiHOPIZEO SIGNATURE
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CHECK
41PKITSAPBANK. CASH'ER'$CHECK NUMBER 32702
MEMBER FOIL 9B- 290/1251
PO BOX 9, PORT ORCHARD, WA 98366
www.kitsapbank.com 800 - 283 -5537
Br N: 6 TLR: W79748b DATE. CHECK NO. AMOUNT
August 11, 2016 * * * * * * ** *530 -.00 **
PAY ** *FIVE HUNDRED THIRTY DOLLARS AND ZERO CENTS
TO
THE ** *CITY OF BAINBRIDGE ISLAND * **
ORDER
OF
Remitter: LINDA LUBOVICH p
8 SECURITY FEATURES INCLUDED. DETAILS ON BACK. G
110032702ii' i:L25i029061% 60902434L611'
7ilZLTt7.7tRIH
AUiHOPIZEO SIGNATURE