ANDREASON, KIRK R.CITY CLERK .... ' ~"
CITY OF BAINBRIDGE
..
APPLICATION FOR SHOREL~ ) SCUPI0604..
SUBSTANTIAL DEVELOPMENT/ ) FINDINGS FACT
CONDITIONAL USE PERMIT ) CONCLU S OF LAW
APPLICANT'KIRK R. AND~ASON ) AND
)
FINDINGS OF FACT
1. Mr. & Mrs. Kirk Andreason are the owners of several of real property located at
13 522 Sunrise Drive NE, Bainbridge Island, Washington. This is identified by Kitsap
County Tax Account 0225021-4-064-2008. The lot 'is an' shape and faex~ east toward
l~aget Sound. The property is legally described in Attachmem A this Decision.
2. In October of 1997, Mr. & Mrs. Andreason retained the of Shannon and W'~n, Inc.,
to make a geotechnical site assessment prior to .their purchase property. The Shannon and
Wilson report is included in the record as an attachment to 4. This geotechnieal report
described stairs on the face of the shoreline bluff The report makes
recommendations for drainage improvements and managed care 'the steep slopes on the
property. Although new structures at the top of the ravine and slopes are anticipated in the
report, Shannon and Wilson, Inc. reco~ends further assessment when plans for new
structures are available. The Andreasons later purchased the
3. In 1998 the Andreasons decided to remove the existing stairway from the face of
the bluff slope along the shoreline. They hired Brockrnan to remove the old creosoted
timber stairway and replace it with a new beach stairway. The stairway is a zig-zag
design aerial stairway with two landings. Wooden posts support stairs on the slope. The
posts are set in concrete to reduce deterioratiOn [F_,XHIBIT 19]. new stairway was not
designed by a professional engineer. No additional site as was made by a geotechnical
engineer prior to its installation. The stairway was constructed hand labor and light
equipment from the top of the slope. The original stairway was close to the ground and
incorporated steps cut into the slope. Mr. Brockman removed original creosoted timber stairs
prior to building the new elevated stairway. Only those timber '.s which could not be removed
without disturbance to the slope remain.
4. In January of 2002, at the request of the City of Bainbrid I~land, Mr. Andreason
obt~ed a follow-up geotechnical engineer's report from and Wilson Inc. Mr. Brian
Dorwart, a professional engineer, reviewed the replacement Prior to writing his report,
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Kirk Andreason Page - 1- City of Bainbridge Island
Mr. Dorwart discusseA the project with Mr. Andreason and Mr. Br(,ckman. He reviewed
photogr~~ of the new stairway provided by Mr. Andreason. Mr. )orwart had visited the site in
1997. Mr.. Dorwart determined that the location and described con :ruction method of the
reconstructed stairway were in accordance with the location, design and construction
reconunendations that he would reco~end for a staio~ay project ~t this site. It was his
conclusion that the replaced stairs improved the stability of the stee ) slope by removing the old
creosote stair system and by allowing vegetation to grow under the new stairway. He
recommended that the slope vegetation be maintained and enhancex, and that a qualified botanist
review the version in the area of the stairway to recommend plm ~tin8s which will improve the
stability of the slope. It was his reco~endation that a vegetation )lanting and maintenance plan
be implemented accord~ to the botanist's reco~endations.
5. The City.of Bainbridge Island contour data base for this sh~ rdine bluff indicates
topographic relief of approxitmtely 55 feet from the be~ch elevatio: ~ to the top of the bluff; with
an average slope of approximately 69%. Shannon and Wilson, Inc. measurements, made during
the October 1997 site visit, determined that slope increments range between 30-45 degrees (58%
to 100%.) The stairway is located in an area of the bluff where the slope is classified as unstable.
· The new stairway is located in an area that meets the definition of z. geologically h~dous area,
as defined by BIMC 16.20.080, and more specifica~y meets the detinition for a landslide hazard
area [EXHIBIT 4]. A manmade fiat area is located immediately be ~find the Puget Sound beach
and at the toe of this east facing steep bluff. This manmade area is ~bout 25 feet wide and about
100 feet long and is protected from wave erosion by a curving roe[ seawall. The south end of the
seawall extends into the steep slope. A second rock bulkhead eom nues south to the neighbor's
property. The north end of the seawall ends in a grassy area locate d at the mouth of an east-west
ravine. This east-west oriented ravine runs along the north proper~ y boundary. A Class IV
stream is located in the ravine and a gravel point has been formed ! ,y stream deposits at the mouth
of the ravine. The adjacem property to the north is low bank prop, ~rty with soi~ erosion
protection along the beach. Property to the south is developed wi~ h private single-family
r~i~ees.
6. Mr. Steve Morse, Natural Resouroe Planner, City o£Bainb ridge Island Planning
I)epartmem, visited the Huss~ property immediatdy to the north ~er a project application had
been filed by that property owner. During his investigation of the ~ropeny he classified the ravine
stream as a Class IV stream. A Class IV stream requires a 25 tool buffer on each side of the bank
and a minimUm building setback 15 feet beyond the buffer (BIMC 16.20.090). Joshua Machen,
Associate Planner, Department of Planning and Community Devel apment (DPCD), testified that
this beach stairway has been built more than 50 feet away from t'h~ Class IV stream.
7. This property has long been bulkh~ed along its Puget Sc und shoreline. Aerial
phOtOgraphs reviewed by the City show the bulkhead in place prior to 1992. Mr. Maehen
testified that a new Ordinary High Water Mark (OHWM) has bee~ established at the foot of the
bulkhead. The native vegetation zone along the eastern property .ne is determined using the
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Kirk ~ndre~on Page -2- City of Bainbridge Island
OHWM. The native vegetation zone is a required vegetation buffel measured horiZOntally upland
from and p~rpendicular to the OHWM. BIMC 16.12.150 requires 50 foot native veg~lion
zone for residential development in a Semi-Rural environment. Th, Andreason property has been
designated as a Semi-Rural shoreline environment. The beach stair ~tay is located within the
native veg~tion zone along the Puget Sound shoreline. The Shor~ ~line Mas~t~ Program (SMP)
at BIMC 16.12.260 (B~9) allows beach stairways within the requi~ ~1 native vegetation zone.
provided they conform to all other city and state requirements, inch ~ding all provisions of the
SMP.
8. A zoning designation of R-2 (allowing two units per acre d~,'nsity) has been assigned to
this parcel. The parcel has a Comprehensive Plan designation of O ~R-2, (Open Space Residential
- two units per acre density). Surrounding; properties have boen zo aed R-2, and the SMP
designated all surrounding waterfront parcels as Semi-Rural shor. el5 ne environments. The
Comprehensive Plan designates surrounding properties as OSR-2. The Andrea~n property is
d~velope~ for u~ as singl¢-f~tily residences. Surrounding proper ies to the north and south have
al~o be~n d~veloped for sin~-family residential use. Proper~ to t .~e west of the Andrea~n
p~cd is undeveloped and property to the east includes the tiddan¢ is and waters of Puget Sound.
·
9. This application for stairway con~tmction approv~ was ill{ d ~ffi~ ro~ipt of a code
enfor~~t violation letter ~ent by tl~¢ City of Bainbridge l~l,J~d e n D~mb~ 26, 2001. Notice
of Applic~on was sent to ~ adjoining property owners ~d appr¢.pfiate ag~cies and publishexl
in tl~ newsier-of record on March 6, 2002. No public comer[ :s w~re r~vod. A SEPA
l~tisat~ D~¢rmination ofNonsisIfificance (MDNS) was is~l ~,y the City of B~inbrid$¢ Island
and publi~hod °n May 8, 2002, no connnents were received.' No a ~po~ls w~ filod by thc
r~qukod ~ on May 29, 2002; that MDNS is fin~d. Thc And~ earn pr°l~'rty w~ id~tifiod
by tax parc~ nmnber 022502-4-005-2000 in all notices. A bound~ ~ line adju~tm~t on the
proPe~ h~ ch~gcd the tax parcel number which now identifies l he property where this stairway
is located. The address has remained the same. The new tax parc d number assignexl to this
prol~rty i~ Ii,tod in Finding ofF act 1.
10. The Andreasons are building a new single-family residence on the eastern portion of their
property near the top of thc bluff A stormwater drain~e sy~~ has been designod' to control
stormwater drainage at the site. Stormwater runoff from the residence has been channeled
through pl~tic tightlines over the face of the bluff, using a heat wflded pipe on the face of the
slope to protect against erosion damage. This stormwater draina{ ;e system has been approved by
the City of Bainbridge Island Department of Public Works, as a p~ rt of the building permit
proce~ for the ~ingl¢-family residence now under construction.
11. Mr. Andre.~on t~~:l that he pl~s to remove remnants of another beach stairway
locatod south of the new stairway on the bluff face. These mated ds will be removed from the
native vegetstion zone prior to rcpl~ting, to ~ disturb'~c ~' on the slope. All alterations in
the native vegetation zone will be completed prior to implementa~ ion of the revegetation plan to
Hearing Examiner
SCUPI0604
Kirk Amtn~on Page -3- City of Bainbridge Island
protect slope stability. At the time of the hearing, a revegetation for restoration and
enhancement of the native vegetation zone had not been submitted the applicant. The
applicant agreed to submit a planting and maintenanc~ plan to DPC by September 2002. The
Department's requirements for restoration and enhancement of the vegetation zone will
apply to the entire native vegetation buffer along the eastern line as it faces Puget Sound.
This restoration and enhancement project is necessary to improve ope stability and control
erosion on the bluff face. The landscaping plan will include a schedule to ensure the
ongoing health of vegetation across the bluff face, and will allow minor vegetation trimming
to prevent encroachment on the staircase steps and to preserve ' from the top of the bluff.
12. The StaffReport filed by Joshua Machen (DPCD) the SMP Goals and Policies
as they relate to this beach stairway project. The beach stairway is in a geologically
hazardous area and near a wooded ravine which contains a Class stream and is also valuable
wildlife habitat. The stairway has been constructed a sufficient di from the ravine to
rrmintain the buffers. The stairway has been designed and in a manner which
minimizes its adverse effect on the steep bluff slope. The stairway ~s located at least 15 feet
behind the rock bulkhead along the shoreline. There is no in the record which shows
' that the new stairway installation had any adverse impact on the pe stability or on the water
quality of Puget Sound. The native vegetation zone restoration enhancement plan will help
preserve wildlife habitat and protect slope stability. No other will be attached to the
stairway. No alterations to the present stairway are authorized by SCUP unless required by a
professional engineer with expertise in such shoreline structures approved by DPCD.
13. The SMi' polieie~ stress that shoroline d~velop~g us~s, ~ad agtiviti~ should not
unreasonably impair or detract from the public's physical and visua ac, ce~ to the water. This
beach stairway is being built on privately owned property to which the public does not have
access. Access to the property is from Sunrise Drive by private d~ veway. The stairway is built
entirely on private property and will be camouflaged by native veg,,~ation on the bluff slope. The
stairway wood is reddish brown in cOlor, which blends with the un terlying soils on the property
[EXHIBIT 19]. Conditions will be placed on this permit which pr{ ,hibit painting or coloring the
staircase with other than neutral flat greens, browns or tans, so that it will continue to blend with
native bluff soils and vegetation and be non-reflective. This will h~ lp ensure the stairway on the
bluff face has a minimal visual impact to the shoreline. The stairw~ ty will be visible from the
waters of Puget Sound, but will be screened by the native vegetati, >n required for enhancement of
the native vegetation zone on the property.
14. This stairway was designed and constructed as an appurter ance to a single-family
residence. The scale of the stairway is shown on the stair plan sub mired as Figure 3 to F_.,EHIBIT
16. Photographs in the record also depict the stairway in relation :o the other natural features on
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the property. The beach stairway appears to be an appropriate size to provide access to the beach
for s~,gt.e-f~ly use. The ~irway is approxinmtely 325 SCl.ft. in A shoreline stairway of
this kind can be allowed as a conditional use in a Semi-Rural environment to provide
shoreline access for a single-f~y residence in the R-2 zone. other single-family
residences in the vicinity also have stairways to the shoreline. The stairway will be
m~dnt~ned so that it protects and enhances the shoreline ' by the restoration of the
native vegetation zone and ~tormwat~r.erosion control along the of the slope.
15. This beach stairway does not interfere with shoreline along the Puget Sound
tidel~ds. The prope~ con~ a bulkhe~ which is bac~od at toe of the bluff. This
st~i~ay has been built approximately 25-foet b~k fi'om the f~e th~ bulkhead. The
geotechnical report of Shannon and Wilson, Inc. in January confirms that the
construction of the stairway does not create any additional ha2ards on the slope, or create any
hazard to public health and ~af~. The degraded buffer to Puget will be restored with
native vegetation enhancement as mitigation for construction the native vegetation zone.
16. The Hearing Examiner made a site visit to the property on l 17, 2002.
17. On Thur~ay, July 18~' 2002, a Public HomSng w~ h~ld 1~ the He.,adng Examiner to
consider the application. Prior to thc hearh~ notice was' in the Bainbridge Review on
June 29, 2002, notice of the public'h~g w~ mailed to the of prop~ty within 300 feet
of the proposed project on lun¢ 21, 2002, and notices were at the City Hall, the Chamber
of Commerce, and the'F~ry Terminal on June 21, 2002'notice posted at the subject property
on luly 2, 2002. [E.17tlBIT $0]
CONCLUSIONS OF LAW
1. This application for Shoreline Substantial Use Permit is properly
before the Hea~g Examiner. BIMC 16.12.260 0tX 16).allows to the beach in a Semi-
Rural environment, however, stairways which exceed 120 sq.ft, footprint require a conditional
use permit. BIMC 16.12.380 (C)(4) requires that all shoreline use permits be decided
by the Hearing Examiner following the procedures in BIMC 2.16. 00. Adequate legal notice was
given of the public hearing held on this application.
2. BIMC 16.12.260 0tX17) requires a property owner to a building permit for any
stairway constructed to the beach. All construction must to the standards defined by the
Building Official. This beach stairway was originally constructed a building permit.
Before a shoreline conditional use permit can be issued for the ect, the stairway and its design
Hearing Examiner
SCL1PI0604
Kirk Andrea, on Page-5- Cit-] of Bainbridge Island
must be inspected and approved by a licensed professional engineer with expertise in such
features. The engineer must stamp the plan~ of the existing staircas~ or make recommendations
for its modification to support an after-the-fact building permit. Mr Brian Dorwart, a
geotechnic~ engineer, has submitted a geotechnical engineering rep, ~rt for the beach stairway as
built. Mr. Dorwart has signed the geoteChnical analysis form requir ~ by the Department of
Public Works and the ce~ifi~tion for final insp~ion [~IBIT 5] An indemnification and hold
harmless agreement for the staircase on the shoreline bluff must be ~ubmitt~ by the applicant, as
roquired by BIMC 16.20.080 (cX2)(g). To qualify for a shoreline .ub~tantial development
conditional use permit, this application must meet the decision crite ia for a shoreline conditional
u~ l~-'rmit ~t forth in BIMC 16.12.380 (cx1).
3. BIMC 16.12.380 (C)(1) states: Uses cla,~ified as conditional uses may be autho~ed;
provh~ed, that the applicant can de~on.~ate all of the following:
a. The proposed use will be consistent with the policies of RC~ 9~ ~.58. 020 or its successor and
the pol~¢~e~ of the ~er program.
A'discu~ion of the SMP 8o~fls, policies and regulations is fi ~und in th~ St~ffReport and in
tl~ Findings of Fact which ~pport this dod~on. The geot~chnic~ engineer's report; the site
· p~ and drawinss; and photographic evidenc~ 'submitted with the ~plication and visits to the
site support a finding that this beach stairway construction on the sl ~or~line bluff is consi~¢nt with
the policies of RCW 90.58.020 and the policies of thc City of Bainl~rid$¢ Island Shoreline Master
· Program. Mitigation measures requked as SEPA conditions will ¢~h~nce the natural vegetation in
the native vegetation zone to increase slope st~ility and enhance ,~ ildlife habitat at the site.
N~tural features including geologic~y hazardous slopes and a Cla~ ;s IV stream ar~ protected by
the design and location of this stairway. The size of the stairway h ~s be~n ~ to meet the
n~h of a single-family residence. The enhanc~ vegetation around the stairway will camouflage
the structure from view off-site. The stairway does not encroach u pon the tidelands of Puget
Sound and will not restrict access across the tidelands on this prop. ~rty.
4. BIMC 16.12.~80 (C)(1) states: Uses cla~fied ~ cond#ia ~l uses may be authorized;
pro~ that the ~g~plictmt can demon.~ate all of the following:
...b. The proposed use w~ll not ~nterfere with the normal tntblic m, of the public shoreline.
This staip, vay is being built entirely on privately owned pro >erty. There is no public
acc~s to the shoreline over the upland portion of this property. ^ :c, ess to the property is from
Sunrise Ddv¢ along a pdvat¢ ddveway to the residences located o a the property. The tidelands
are also privately owned at this location. The bulkhead has been i~ place along the toe of the bluff
for more than ten years. This bulkhead was built about 25-feet eas of the toe of the bluff on
which this stairway has been constructed. The bulkhead has been backfilled with material,
crewing a flat manmade landing at the toe of the bluff. The beach stairway ends at the toe of the
bluff The shoreline beyond the bulkhead is not affected by the st~ irway. The public's use of the
SCUP 10604 Hearing Examiner
Kirk Andreason Page-6- City of Bainbridge Island
public shoreline and the waters of Puget Sound will not be altered ,y this stairway. The stairway
has visually changed the shoreline landscape on this property. This visual impact will be mitigated
by the enh~cement of the native vegetation zone along the face of :he bluff which will partially
scre~ the ~t~way from view.
5. BIMC 16.12.380 (cx1) states: Uses classifiedas conditioned uses may be authorize&
provMed, that the appl~~t can demonstrate all of the following:
... (c) The proposed use of the ~te ar~ design of the project will be compatible w~th other
permitted uses within the area,
Photographs submitted for the record demonstrate that this stairway will be compatible
with. other permitted uses in the area. A visit to the site showexl th. tt other prop,'ties in the near
vicinity have also installed beach access stairways. Vegetation aro~ ~nd the Andrea~n stairway
will help screen the beach stairway from view from residences loca ted on properti~ to tl~ north
and to the south. The stairway will be visible to shoreline users, h~ ~wever, the sc~e of the
stairway and its natural color will help blend the stairway into the ~tatural features of the site. The
stairway will allow access to the shOreline without creating a wallfi ng trail on the slope, which
could cause erosion and instability. Most homes in the vicinity are located on the bluff above the
· shoreline and will not suffer any visual impact fi'om the stairway.
6. BIMC 16.12.380 (CXI) ~tate~: Use~ cla~ified as cond~tio ~l uses may be autho~e&
provided, that the appl~~t can demonstrate all of the following:
... (d) 'The propo~d use will canse no unreaSOnably adverse effect ~ to the .~reline environment
desigrgttion in which it is located
The Andreason prol~'ty has becm d~i~t~l a S~mi-Rur~ ~ shorelin~ environment.
Properties surrounding this parcel have been given the same shore tine environment designation.
The Shoreline Master Program allows beach stairways in a Semi-! [ural environment along the
shoreline. This property has been developed for single-family resi lential use, as have all the
surrounding shoreline properties. An environmental review and a geotechnical assessment of the
site concluded that no significant adverse environmental impacts '~ rill occur to this prope~ as a
result of this beach access stairway, after compliance with requir~ mitigation m~res and
conditions of approval. This stairway has been built on the face o [' a geologic~y hazardous slope
in a manner which meets the recommendations of a geotechnical ~ ~ngin¢¢r familiar with the site.
Removal of the old creosote staircase from the face of the slope h as improved the stability of the
slope. Enhancement of native vegetation on the slope will furthe~ protect slope st~ility.
Stormwater erosion control measures have been required as a pa~t of the building permit for the
single family residence being constructed on the bluff above the si.airway. This stormwatcr
drainage control through solid piping across the face of the bluff ~11 improve slope stability by
preventing erosion. No unreasonably adverse effects will occur t > the shoreline environment as a
result of construction and use of this beach stairway on this steep bluff facing Puget Sound.
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Kirk Andreason Page-7- City of Bainbridge Island
7. BIMC 16.12.380 (CXI) states: Uses classified as conditior, al uses may be authorized;
provided, that the appli~t can demonstrate all of the following:
... (e) The public interest suffers no detrimental effect.
The public interest will suffer no substantial detrimental effi ct from the placement of an
elevated beach stairway over this bluff This stairway replaces an c Id stairway which was
damaging the stability of the slope by erosion caused by cut-in step t in the stairway..This elevated
stairway design minimizes intrusions into the bluff face and protect, ~ slope stability by allowing
vegetation under and around the staircase. The public's visual acc~ :ss to the shoreline on this-
property has been changed by the addition of an elevated stairca~. This visual impact will be
minimized by the screening provided by native plantings on the slo )e. The public benefit from the
removal of the two old stairways cut into the face of the bank help to mitigate the increased
visual impact of the elevated design on the face of the slope. The t ative vegetation zone along
the east property line will be restored with native plants as a part o ['this beach stairway project,
and the public's visual a~ to this naturally veg~t~ shoreline I~luff will be improved.
8. BIMC 16.12.380 (cx 1) states: Uses cla~fied as conditioi a~l uses may be authorized;
· prov~t~ that the applicant c, tm demonstrate all of the following:
...~ The proposed use is cott,,qstent with the provisions of the zoni ng ordinance and the
comprehe~ pla~ ,
This stairway qu~lifies as an acceasory structure to be used as a part of a single-family
residential use on this site. Single-fiunily residential uses are speci~ ically permitted on this
property since it is zoned R-2. Single-family residential'use is ape rmitted use in the R-2 zone
under BIMC 18.30.020 (I). BIMC 18.30 defines permitted uses itt the R-2 zone and BIMC
18.30.020 (C) allows ac, c, ea~ry uses and buildings in this zone. Bi [MC 18.06.030 describes an
accessory use as "a use oastomadly incidental and related to the p~ incipal use on the same lot."
BIMC 18.06.020 defin~ an ~sory structure as "a subordinate building or structure that is
incidental to the principal strumre on the same lot." A'beach stairway falls within the definition
of an accessory structure on the property. This' accessory stmctute is an appropriate size for use
as an accessory structure for a single-family. Beach stai~ ays are allowed in the shoreline
environment by the Shoreline Master Program: Beach stairways a re not specifically prohibited in
either the zoning code or the comprehensive plan. Mitigation me ~sures have been required to
ensure that all probable significaat environmental impacts are mini ntiz~ or avoided. An
indemnification agreement will be required of the applicant in ac~,rdance with BIMC 16.20.080
(C)(2)(g). The stairca~ design will be approved by a licensed prcfessional engineer. A
geotechnical engineer's report approving the stairway design and fiacemem has been submitted
by the applicant.
9. The following co~tions of approval are necessary to ass~ .re that this project complies
with the policies and regulations of the Shoreline Master Program and the Bainbridge Island
Municipal Code:
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Kirk Andreason Page-8- City of Bainbridge Island
SEPA Conditions:
la. T° miti~te the aesthet~ impact of the stairway an the shoreline bluff
and to insure fut~Jre stability, water quality, and wildlif ~ habitat, a vegetation
management plan shall be submitted, concurrent with ~:n after the fact
building permit application, which includes at n minim' sm the following items:
i. A planting plan for the restorntion/enha~ ~cement of the 50-foot native
vegetation zone. Restoration of this area shall b ~ completed in accordance
with the City of Bainbridge Islands "Basic Rest~ ~ration and Enhancement
Guidelines (Exhibit #31).
ii. A landscaping plan, which contains trees and medium to large shrubs,
which are suitable for the slope and that, will sc~ ~'een the staircase.
iii. Maintenance schedule, to ensure on-goin g health of vegetation across
the bluff face and the native vegetation zone. ]VI inor trimming of vegetation
may occur to prevent fouling of the staircase ste ps with vegetation and to
preserve views as long at the trimming does not threaten the health of the
vegetation.
iv. A 3-year maintenance assurance shall be provided to insure the
establishment and health of the landscaping in t tccordance with BIMC
1S.SS.OSO(D). ,
·
lb. In order to prevent loss of s~n~cant ar~ haeological resources, the
following "ensures shall be taken in the event phenomena of possible
archaeological interest is unC°vered during placem~ ~t of the staircase: all work
will stop innnediately and notification shall .be' prom tptty given to the City and
State Off*~ce of Archaeology_ and Historic PreservatJ on. In such st case, the
applicant shall be required to provide for a site ins' ~ction and evaluntion by a
professional archaeologist to ensure that nil possibl valuable archaeological data
is properly salvaged. The applicant Shall receive P,~r~nission from the State
Office of Archaeology and Historic Prese~ation pr ior to further disturbance of
the site (R~ 2'/.53.0'/0 or its successor).
Non-SEPA CondOs:
2. The staircase feature and all attendant features shs ]1 not be colored or painted
other than with neutr-~ Pat greens, browns or tans. so as to Mend into the native
bluff soils and vegetation and be non-reflective. T! ~e intent is to obscure the
features from surrounding view.
3. An after the fact building permit shah be secured for the staircase. A
profmionM engineer licensed in the State of Wasltington with expertise in such
features shall stamp the plans of the existing stnir~'.ase, or the staircase shall be
soup 10604 Hearing Examiner
Kirk Androason Page-9- City of Bainbridge Island
modified in accordaBce with the engineer's recommendations and with the
prior approval of the DPC~.
4. A professional engineer with expertise in geotechnic~ ~ issues shall complete the
"Permit Issuance" and "Cenif~.a~n for Final Insl~ ction' portions of the City
form for construction in geologically hazardous area ~, prior to building permit
issuance.
5. An indemniflcatio~oid harmless agreement for the stai~ on the shoreline
bluff shah be duly executed in a form approved by ti ~e City Attorney, pursuant
to BIMC 16.20.080(C)(2)(g)
6. The vegetation management plan required under SI',PA Condition la. shall be
submittt~l to tl~ D~rt~ent of l~nning and Com~ ~uni~ ~~lopment for
approval and no later than September 30, 2002. Afl alterations in the native
v~g~tion z~ne and rt~ommend~l reveget~tion shall I~ compi~t~l by the end of
the next planting season after approval of the'plan ~ y the DPCD.
7. The r~maini~l mat~ri~l from an old b~¢h stair~ lo~t~M i~ the nntive
vegetation zone to the south of the new stairway wi~ be removed by the property
owner prior to rev~get~tion of the native vegetation zone to minimize
disturbance of the slope and help ensure the .ongoinl ~, health of new vegetation
plant~ on tl~ bluff f~c~.
8. The property owner shall maintain a regular maint~ ~nance and inspection
schedule for the stormwater tigh~es, which are im ~ted within the native
vegetation zone and cross over the face of the bluff slope, to ensure that those
tight lin~ are maint~in~l in a pr~l~r condition to a void erosion or other
damage in that geologically hazardous area.
9. No ~lter~tion sh~i I~ made to thi~ b~ch smi~e v rithout the prior approv~ of
the City of ~i~brid~ I~~d I~p~rtl~nt of Pl~mfi ~g ~d Comm~i~
Development.
10.The approve! of thi~ ~hor~line conditional use permit i~ b~ed on the submission
by the applicant of a professionally engineered site dan stamped by a
prof~sional engin~r with exl~rtise in featur~ of t tis type and the approval of
SCUP 10604 He~ng Examiner
Kirk Andre~on Page - 1 O- City of Bainbridge Island
that plan by the City of Bainbridge Island Department of Public Works and
Department of Planning and Community Developm~ nt.
DECISION
~s application for a Shoreline Substantial Development/Conditio ~ Use Permit for a be~ch
access stairway on property located at 13522 Sunrise Drive NE, in the City of Bai~ridge Island
is granted subject to the conditions of approval listed in Conclusio~l of Law 9 above.
Dat~ this 24th day of September, 2002
R~ Thomas Baker ,
Hearing Examiner Pro Tern
APPEAL
This decision is final unkm the Hearing Examiner's decision is a~ pealed to the City Council in
accordance with BIMC 2.16.140. After a final decision is made ~y the City, the decision shall
be forwarded to the Washington State Department of ECology fo c decision.
scuP10604 Hearing Examiner
Kirk AnOn Page- 11- City of Bainbridge Island
,~ SelD 24 02 09= lis B! Plann~nE; 12E67800955
o
I'
NI~V' PAILC~L B: (Andre)
That portion of Government Lot 3, Section 2, Townshi ~ 25 North, Range
2 Es=t, W.M., in Kitsap County, Washington, described as fo~ lows:
Begin~ at the center of said Section 2, also being tte Northwest
corner of said Govemme~tt Lot 3; thence South atortg the We~t line of said
Government lot 3, also beb~ the centetlb~ of Sunrise Drive ! IE, South 1*O3't O'
West 175.00 feet; thertce leaving said centedine South 88°~ Y48' East 625.00
feet along a boun~ as sutvw~ by Roats Engin~ and ~ecor~ in Volume
25 of Surveys, Page 99, reoord; of Kitsap County, Waehingt~m; thef~e South
1°03'03' West 70.00 feet; thence South 88040'48, East 21 2.20 feet to the
True Point of Begi~; thence continuing South 88040'48' East 274.80 feet;
thence South 01°03' 10' West 55.00 feet; thence South 88°. 10'48' East
193.41 feet to the baiafx:ed Government Meander Line of I~ set Som~; thence
along said balanced Government Meander Line South 05*23' ~-0' East 289.03
feet; thence leaving said Meander Line along a line which is t ~e Easterly
ext~ of the Nmlh bou.ndary of the Plat of Brackenwood ~ as recorded
in Volume 18 of Plats, Page 14, records of Kltsap Cotmty, W ashklgton, NorlJ~
· .. 88°26'16' West 573.70 feet to a point on said North bour~ry;.thence leaving
said North bound~ of the Plat of Brad(enwood I.m~, North 00024'35' East
204.76 feet; thence North 76'45'57' East 70.93 feet; thence North 04°17'03'
East 117.23 feet to the True ~ of Begirming;
. Together with Second CtassT~s fronting and ab Jtting thereon;
Together wl~ an easement for acce~ ove~ an exislJnt; road as disclosed
by document reoc)rded on November 28, t 952 under Auditor s File Number
568014 and as ~ed on the South Nde of property as disc osed by survey
recorded un¢l~ Auditor's File Humber 9008170131; '
To~ with an easement for acoe~s purposes' over in existing road
disclosed by deed rlcofded on September 19, 1956 under A Mltx)r's File Number
646666 over a porlion of Government LeR 3, Secti~ 2, Tow nship 25 North,
Range 2 East, W.M., Kitsap County, Wa~hi~on;
Together with an easement and right-of-use for ingres ~ and egress over
the irnlxovecI road located on the following property describe d her~n:
That portion of Government Lot 3, Section 2, Townsh ip 25 North, Range
2 East, W.M., IGtsap County, Wadttngmn, descflbed as folio w$:
Beginning at the Northwest ccxTtw of said Governmer ~ Lot 3. also being
the center of ~ Section 2; theytce along the West line of ~ ~id Government Lot
3, South 1°03'10' West 1334.56 feet to the Southwest cot ~e~ of said
Government lot 3; ltmnce along the South line of said Goven tment lot 3, South
88°26'16' East 20 feet to the Easterly right-of-way of Sunri: Ge Drive; thence
North 1'03'10' East 320 feet to the True Point of Beg~ng thence South
88°26'16' East 576.90 feet; then~ North 46033'44, East 64.91 feet; thence
North 37°39'54' East 61.20 feec ~ North 36033'44' asr 20 feet; thence
North 88026' 16' .West 15 feet; ~ North 1'03' 10' Ess1 150 feet; thence
North 88°26'16' West 60 feet; thence South 1°03' 10' We., t 158.37 feet'
thence South 46033'44' West 261.31 feet; thence North 811°26'16' West
552.58 feet; thence South 1°03'10" West 60 feet to the Tr~Je Point of
Beginning.
20011 t 1 30063
Page' ? 0t' tt
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· ATTACHMEI 'T
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