PETERSON COD2000-000-1702/20/01
14:29 FAX 42563577g:
INS_].~E .BEST
FEB 22 "'~I ~1 i.'~°°°
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FEB 2 0 2001
DEPT. OF PLANNING &
COMMUNITY DEVELOPMENT
BEFORE THE CITY OF BAINBRIDGE ISLAND
OFFICE OF HEARING EXAMINER
hrc:
The Matter of Ray Peterson - Letter of Violation.
Appellant.
NO. COD~,OOO-<300- \7
STIPULATION AND ORDER OF
DISMISSAL
Appellant, Ray Peterson, and the City of Bahbridge Island, pursuant to thcir
undersigned counsel, hereby STIPULATE as follows
I. RECITAL5
1.1 Ray Peterson is a propmy owner and resident of thc City of Bahbridge Island-
He operates Ray Peterson Bulldozing. Mr. Pet=rson's address is 12112 Miller Road
Northeast, City of Bahbridge Island, Washington 98110, tax parcel number 092502-1-025-
2005.
1-2 Appellants' lcgal representative in this matter is Mr. Max Bocse, P.O. Box
10147, Bahbridge Island~ Washingot Additionally, appellant is represented by Mr. Dennis
D- Reynolds ofWilliams, Kasmer & Gibbs PLLC, P.O. Box 21926, Seattle, Washington
98111-3926-
1.3 The City of Barnbridge Island's legal adviser is Dawn L. Findlay, Inslee, Best,
Doez:ie & Ryder, P.S., Attorneys at Law, Rainier Plaza, Suite 1900, 777 - l 08th Avenue N.E.,
P.O. Box C-90016, Bellerue, Washington 98009-9016.
STIPULATION AND ORDER OF DISMISSAL - 1
1156379.1
Wilhms, KaMucr & Gibbs PLLC
'Pwo Uaio~ Squme, Suite 4T0O (98 101-2380)
Mail Address: P,O- Bo~ 21926
Seattle, WaMrmgton 9Sl 11-3926
(206) ~2~-6600
02/20/01 14:30_.FAX 42563577.,, .INSLEE BEST ~004
I notice and opportunity to contest the staked arra. If*not contested, the ranoval area is dcaned
2 agreed and the City waives any right to later demand more stockpiled material outside of the
3 staked area bc rgznoved,
4 2-2 Mr. Peterson will re-vegetate the affected area as recommended by Ms. BarXletL
S lVls. Bartlett will submit a proposed re-vegetation plan to the City of Bainbridgc Island for its
6 rgview and approval Upon approval, Mr. Peterson will implement the re-veSetation plan.
7 '- 2.3 The City agrees that upon removal of the material temporarily stoclcpiled in the
8 alleged buffer area and completion of the re-vegetation plan, it will issue a Notice of
9 Satisfaction and vacate the Notice of Violation and Stop Work Order.
10 2.4 Mr. Peterson agrees not to fill or alta the alleged buffer area in thc future
11 witbout first seeking and obtaining a Critical Area Ordinance approval. Mr. Petersen is not
12 required to obtain a grading permit for his normal activities of mining, quarrying, ~xc avating,
13 processing or Rockpiling of rock, sand, gravel or aggregate, per exemptions specified in the
14 Uniform Building Code, § 3306.2(6).
15 ' 2.5 The City agrees that it will process any applications submitted by Mr. Petenon
16 under its Critical Area Ordinance for fill or alterations within the alleged buffer area in good
17 faith in accordance with all laws, with no repercussions to Mr. Petenon as a result of issuance
18 of the Notice of Violation or his appeal;
19 2.6 The City accepts tl~e tight line system which collects and carries surface water
20 run off through the PetetCh ownership as is.
21 2.7 The City agrees to process any future applications of Mr- Peterson including,
22 but not limited to, buildLug permits, requests for amendment to the land use designations for his
23 property provided in the City' s Growth Management Act Comprehensive Plan and/or
24 amendment to the development regulations, etc. for his property, in good faith, in accordance
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STWULATION AND ORDER. OF DISMISSAL - 3
1156379. 1
Willierim, Kaz~ner & Gibb~ PLLC
Two Union Squm'e, Su~le 4100 (9alol -23110)
Mail Add~ss: P.O. Box 21926
Seattle. Washington 98111-3926
(206) 62)1-6600
02/20/01 14:30 F~ 42563~.7~5~__ INS~E BEST ~006
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with all laws with no repucussions as a result of issuance of the No6cc of Violation or his
2.8
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The City waives any civil or criminal penalties.
Mr. Peterson is not required to submit or receive any approvals or permits to
carry out the agreed work encompassed in this Stipulation.
2. l 0 The City reserves its right to take emergency action at any time but will give its
best efforts to notify Mr. Peterson before taking any future code enforcement actions involving
his property or activities.
2.11 By entry of this Stipulation. thc paxties agree that the Hearing Examiner may
enter an Order of Dismissal.
2.12 Thc subjoined order may be entered without further notice-
SO AGREED this Z?~a~Lda
y of February, 200 1.
WILLIAMS, KASTNBR & GIBBS PLLC
Dcmis D. Reynolds
Max ~3oese, Atl~orney at Law
INSLEE, BEST, DOEZIE & RYDER
STIPULATION AND ORDER. OF DISMISSAL - 4
I ! 56379.1
Willlan.. Kaslncr & Gil~b$ I~LLC
Two Union Squsre; Suke 4100 (Dg101-23g0)
Mail Address: P.O- Bo~ 21926
Seretie, Wash~gua 981 ! 1-3926
(20~} 628-6600
02/20/01 14:30 FAX 4256357750 INSI,,E~.BEST 1007
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ORDER
IT IS HEREBY ORDERED that the above referenced appeal, Paerson v. City of
Bainbridl~e Isl,9~d. is hereby dism/ssed based on the foregoing STIPLKATION of the parties.
Done this t-~ day of February, 2001.
HEARING EXAMINER
PRESENTED BY:
WILLI~, KASTNER & GIBBS PLLC
By . D. Re '
Denms
Max Boese, Attorney at Law
Dated:
Dated:
INSLEE, BEST, DOEZIE & RYDER
BYbawn L.~indlay' L_.
P,,,, Id..,..-..5 C:'-~,..t~ ~
Dated: Z , Z- 2 - ~ ~
STIPULATION AND ORDER OF DISMISSAL
!i56379.1
Willisms, Kastnt. r & Cibb~ PLLC
To,o Union Square, Suite 4100 (98101-2380)
Mail Adtk~: P.O. Box 21926
Seattle. Washington 9gl 11-3926
(206) 62i-66(N)