Loading...
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, scuP~o6o4 Heating Examiner 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 scuP 10604 Hearing Examiner 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 scuP 10604 Hearing Examiner Kirk Andreason Page-4- City of Bainbridge Island 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. sctyl, io6on Hearing Examiner 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: SCLrP 10604 Heating Examiner 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 -A_tidrcascn B[,A DcscriplJo~ tl/l~:~t ~Sti~ · ~m r~ttrfllllE 9.8 ~tS.~ t(~t_;~ Co, ~ · ATTACHMEI 'T -~~.~* - - ----~ .......