NOTICE OF APPEAL - WITHDRAWAL1
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BEFORE THE HEARING EXAMINER
FOR THE CITY OF BAINBRIDGE ISLAND, WASHINGTON
IN RE: THE APPEAL OF
BAINBRIDGE SAFE, CLEAN AND
QUIET, ET AL. OF THE BAINBRIDGE
ISLAND MUNICIPAL CODE
INTERPRETATION OF THE
DIRECTOR OF PLANNING AND
COMMUNITY DEVELOPMENT,
SPORTSMAN CLUB
DETERMINATON OF USE, STATUS,
AND NECESSARY LAND USE
APPROVALS/PERMITS.
TO: The Clerk of the Hearing Examiner
AND TO: All Parties
NO.
NOTICE OF WITHDRAWAL OF
APPEAL
YOU AND EACH OF YOU are hereby notified that the remaining appellants, Bainbridge
Safe, Clean and Quiet; Roberta Schaffer; Laura Harrison; Diane Hooper; Betsy Hettich; Bill Hettich;
Monica Edwards; Doug Edwards; Philene Vaivods; Lynn Sinclair; and Linda Lubovich, hereby
withdraw their appeal in this matter.
NOTICE OF WITHDRAWAL OF APPEAL - 1
Bricklin & Newman, LLP
Amomeys at
1424 roudL Avemme, Sw a 5W
Same WA 98101
TeL (206) 2G 8"
Fax (206) 2 9W
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C.
Dated this day of September, 2016.
NOTICE OP WITHDRAWAL OF APPEAL 2
Respectfully submitted,
BRICKLIN & N$WMAN�L p
By:
David A. ric WSBA No. 7583
Attorney for Bainbridge Safe Clean and Quiet,
et al.
Briddin & Newman, LLP
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1494 Fowth AV ,Sw1e 500
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NOTICE OF APPEAL Zlui.aFr �u /x��NuJ g �a �!
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 24, 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.