Eastman_-_SeligmannCITY OF BAINBRIDGE ISLAND
DEPARTMENT OF HEARING EXAMINER
In the Matter of an Appeal of an )
Administrative Denial of an )
Application for Boundary Line )
Adjustment )
William
A. Eastman III & . ) BLA 10-12-98-1
Linda D. Eastman, Husband and Wife) FINDINGS OF FACT, CONCLUSIONS
and Eugene Seligmann and Lori ) OF LAW AND DECISION
Seligmann, Husband and Wife )
)
_____
_______Applicants/Appellants)
SUMMARY OF DECISION
The application for boundary line adjustment was properly denied. The appeal is denied.
SUMMARY OF THE RECORD
Appeal:
William
and Linda Eastman and Eugene and Lori Seligmann have appealed the Planning Director's administrative decision denying their application for a boundary line adjustment. The appellants
jointly own a parcel of property on Ollallie Lane in the City. The appellants had requested the City to allow a Boundary Line Adjustment dividing this commonly owned lot so that portions
of the lot would be included in adjoining properties owned by each of them. The Planning Director denied the application because the lot line as proposed would be placed within 3.9 feet
of an existing structure on the newly created Seligmann lot. The Planning Director found that the side yard requirements for lots in the R-1 zone require a minimum side yard of 10 feet.
The appellants contend that the side yard requirements of BIMC 18.33 are not included in the decision criteria for a boundary line adjustment (BIMC 17.20.040) and therefore the Director
improperly denied their application for Boundary Line Adjustment. Appellants ask that the Director’s decision be reversed and an order granting the application be issued.
Hearing Date:
A
public hearing was held before the Hearing Examiner Pro Tem on March 19, 1999.
Testimony:
At the hearing the following individuals were present:
Joshua Machen, Planner, City of Bainbridge
Island
George W. Nickum, Jr., Attorney for appellants Eastman and Seligmann
William and Linda Eastman and their young son.
Jacque O 'Donnell, Hearing Examiner Assistant
EXHIBITS
The
following exhibits were submitted and admitted as a part of the record for the public hearing.
Notice of Hearing
Interoffice memorandum of Appeal
Appeal of Denial of BLA form
Notice
of Appeal, dated 1/12/99
Staff Report, dated 10/27/98
Notice of Administrative Decision, dated 12/30/98
Boundary Line Adjustment Application, dated 10/12/98
Letter from George Nickum,
Jr. dated 07/09/98
Letter from George Nickum, Jr. dated 10/12/98
Adam & Goldsworthy, Inc. Boundary Line Adjustment, dated 8/26/98
Letter from Elizabeth Szombathy & Tom Thompson, dated
2/16/99
Inslee, Best, Doezie & Ryder, P.S., City's Memorandum of Law dated 2/17/99
File assignment from Planning to George Nickum, Jr., dated 10/16/98
Adam & Goldsworthy, Inc. Cover
letter
Adam & Goldsworthy, Inc. Application Transmittal Letter, dated 9/30/98
Land Title Company, Title Search, dated 8/20/98
These additional attachments were provided at the hearing:
Adam
& Goldsworthy, Inc. Land Survey, dated 9/18/96
Appellants Hearing Brief
A.D.A. Engineering, dated August 1998
Plat map of parcels proposed after BLA
7 photos of shed, land and water
Plat
map of parcels before proposed BLA
Affidavit of Notice for Posting and Mailing
Affidavit of Publication
Based upon the view of the site, the exhibits in the file, those submitted at
the hearing and the testimony and statements made on the record at the public hearing, the Hearing Examiner now makes and enters the following:
FINDINGS OF FACT
William A. Eastman,
III and Linda D. Eastman are the owners of certain real property located in the City of Bainbridge Island legally described as:
The North one-half of lot 6 of the plat of Searle's Garden
Tracts as recorded in Volume 2, Page 73 of plats, records of Kitsap County, Washington, and situate in Government Lot 1, Section 18, Township 25 North, Range 2 East, W.M., City of Bainbridge
Island, Kitsap County, Washington. Together with tidelands fronting and abutting thereon. Subject to and Together with easements, restrictions and reservations of record.
ASSESSOR'S
ACCOUNT NO. 4173-000-006-007
(Exhibit # 10)
Eugene D. and Lori E. Seligmann are the legal owners of certain real property located in the City of Bainbridge Island legally described
as:
Lot 1 of Kitsap County Short Plat No. 1243R recorded under Kitsap County Auditor's File No. 8308040101 and situate in Government Lot 1, Section 18, Township 25 North, Range 3 East,
W.M. City of Bainbridge Island, Kitsap County, Washington. Together with tidelands fronting and abutting thereon. Subject to and Together with easements, restrictions and reservations
of record.
ASSESSOR'S ACCOUNT NO. 4173-000-006-0106
(EXHIBIT#10)
William A. Eastman, III and Linda D. Eastman, husband and wife and Eugene D. and Lori E. Seligmann, husband and wife,
are joint owners of certain real property located in the City of Bainbridge Island legally described as:
Lot 2 of Kitsap County Short Plat No. 1243R recorded under Kitsap County Auditor's
File No. 8308040101 and situate in Government Lot 1, Section 18, Township 25 North, Range 2 East, W.M., City of Bainbridge Island, Kitsap County, Washington. Together with tidelands
fronting and abutting thereon. Subject to and Together with easements, restrictions and reservations of record.
ASSESSOR’S ACCOUNT NO. 4173-000-006-0304
(EXHIBIT #10)
All three parcels
described above are zoned R-1 by the City of Bainbridge Island.
(STAFF REPORT)
On October 12, 1998, the Eastmans and Seligmanns filed an application for Boundary Line Adjustment with
the Department of Planning and Community Development of the City of Bainbridge Island.
(STAFF REPORT)
A review of the application shows that the appellants have applied for a boundary
line adjustment which would divide between them the parcel, described in Finding of Fact # 3 above.
(EXHIBIT# 10)
The boundary line adjustment if granted would result in the three
parcels described in Findings 1, 2 and 3 being merged into two parcels legally described as follows:
The North one-half of Lot 6 of the plat of Searle's Garden Tracts as recorded in
Volume 2, Page 73 of plats, records of Kitsap County, Washington, and situate in Government Lot 1, Section 18, Township 25 North, Range 2 East, W.M., City of Bainbridge Island, Kitsap
County, Washington. ALSO that portion of Lot 2 of Kitsap County Short Plat No. 1243R recorded under Kitsap County Auditor's File NO. 8308040101, situate in said Government Lot 1, and
described as follows: Beginning at the Northeast corner of said Lot 2; Thence South 30.00 feet; Thence West along the most Northerly line of said Short Plat and its Easterly extension
743.35 feet to the Meander Line as shown on said Short Plat; Thence along said Meander Line N 23 degrees 41' 00" W 32.76 feet to the North line of said Lot 2; Thence along said North
line, East 756.51 feet to the Point of Beginning. Together with tideland fronting and abutting thereof. Subject to and Together with easements, restriction and reservations of record.
(EXHIBIT
10, PAGE 2, EASTMAN RESULTANT PARCEL A)
Lot 1 of Kitsap County Short Plat No. 1243R recorded under Kitsap County Auditor's File No. 8308040101 and situate in Government Lot 1, Section
18, Township 25 North, Range 2 East, W.M. City of Bainbridge Island, Kitsap County, Washington. ALSO that portion of Lot 2 of said Short Plat No. 1243R, described as follows: Beginning
at the Northeast corner of said Lot 2; Thence South 30.00 feet to the True Point of Beginning; Thence continuing South 70.00 feet to the Southeast corner of Said Lot 2; Thence along
the Southerly line of said Lot 2, West 183.21 feet to an angle point in the Southerly line; Thence N 25 degrees 50'09" W 77.77 feet to an angle point in said Southerly line; Thence East
217.10 feet to the True Point of Beginning. Together with tidelands fronting and abutting thereon. Subject to and Together with easements, restrictions and reservations of record.
(EXHIBIT
10, PAGE 2 SELIGMANN RESULTANT PARCEL B)
The proposed boundary line, dividing the jointly owned parcel, is located only 3.9 feet from the north side of a shed and carport built on
the eastern end of the newly configured Seligmann parcel.
(STAFF REPORT)
The side yard requirements for lots in the R-1 Zone are set forth in( BIMC 18.33.060 (B). Side yards shall
not be less than 25 feet in total sum with no side yard less than 10 feet.
BIMC 17.20.040 (D) 8 requires that an application for Boundary Line Adjustment designate the location of
all existing structures on all lots involved in the Boundary Line Adjustment and indicate the distance of all existing structures from all boundary lines.
The lots created by this change
of boundary line would contain sufficient area and dimensions to meet the minimum requirements for area, width and depth for a building site in the R-1 Zone where this property is located.
(STAFF REPORT)
The appellants Seligmann are unwilling to remove the shed on the property which encroaches into the side yard set back. The appellants Eastman are unwilling to adjust
the boundary line to the north so that the encroaching shed is no longer in the required side yard set back.
(APPELLANT’S HEARING BRIEF)
The Boundary Line Adjustment Application was
denied by the Director of Planning and Community Development on December 21, 1998 and an Appeal of that administrative decision was filed on January 12, 1999.
Notice of the Public
Hearing on Appeal was posted on the property on February 10, 1999. Notice of the Public Hearing was published in the Bainbridge Island Review on February 10, 1999 and February 13, 1999.
Notice of the Public Hearing was posted in the Official Posting place of the City on February 10, 1999 and February 13, 1999. The mailing of Notices was sent as required by Bainbridge
Island Municipal Code.
(EXHIBIT #1,# 23,# 24)
CONCLUSIONS OF LAW
This matter is properly before the Hearing Examiner for Hearing on Appeal BIMC 2.16.130.
Notice of the Public
Hearing was legal and adequate and complied with the provisions of BIMC 2.16.085.
BIMC section 17.20 sets forth the requirements for application and granting of a boundary line adjustment.
BIMC
18.33 sets forth the requirements for parcels zoned R-1. BIMC 18.33.060 (B) set forth the requirements for side yards for lots zoned R-1.
The appellants submitted a completed application
for boundary line adjustment to the City of Bainbridge Island on October 12, 1998.
The boundary line adjustment as proposed by the appellants would create two lots which meet the minimum
requirements for area, width and depth for a building site in the R-1 Zone where these properties are located.
The proposed new boundary line, if allowed, would create a parcel, owned
by Eugene and Lori Seligmann, which did not meet the side yard requirements of the BIMC 18.33.060.
BIMC 17.20 requires that an application for Boundary Line Adjustment comply with all
requirements of the Bainbridge Island Municipal Code and all other laws.
The Director properly denied the Boundary Line Adjustment Application filed by the appellants for reason that
said application does not comply with the requirements of BIMC 18.33.060 (B).
BIMC 17.20 allows the Director to approve or approve with modifications a Boundary Line Adjustment Application
which complies with all requirements of the BIMC however 17.20.040 does not authorize the Director to create by a Boundary Line Adjustment a non-conforming side yard for the new parcel.
Now
therefore based upon the Findings of Fact, Conclusions of law entered herein, the Hearing Examiner now finds that the Director properly denied the appellants application for Boundary
Line Adjustment (BLA 10-12-98-1) and the appeal is therefore denied.
Dated this _________ day of April, 1999
________________________________________
Robin Thomas Baker
Hearing
Examiner Pro Tem