Loading...
CullenDecision CITY OF BAINBRIDGE ISLAND OFFICE OF THE HEARING EXAMINER ) VAR08-30-00-1 APPLICATION FOR VARIANCE ) FINDINGS OF FACT APPLICANT: PAUL AND LOUISE ) CONCLUSIONS OF LAW CULLEN ) AND DECISION ____________________________________ ) SUMMARY Paul and Louise Cullen own a residence at 3654 Crystal Springs Drive. They wish to replace an existing one-car garage with a new two-car garage as an accessory to the single-family residence located on the property. This lot is a legal non-conforming lot along the shoreline of Puget Sound. The existing residence was built many years before city incorporation and the adoption of present zoning codes. In September, 1992, a variance from the front yard setback along Cessna Lane was granted allowing a remodel and addition to the single-family residence on the lot. This proposed garage would also be built within the front yard setback required along Cessna Lane, a private 20 foot easement road adjoining the north property line. The garage will not encroach upon the easement area and will maintain the required shoreline side yard along the south property line. The project as proposed can meet the decision criteria for a zoning variance. A variance from the required front yard setback along Cessna Lane is approved with conditions. FINDINGS OF FACT 1. Paul and Louise Cullen are the owners of a single-family residential lot located at 3654 Crystal Springs Drive in the City of Bainbridge Island. This lot is identified by Tax Account No. 4184-000-003-0304. This lot is legally described in Attachment A to this Decision. 2. The Cullen lot has been given a zoning designation of R-2 and a Comprehensive Plan designation of OSR-2. A garage as an accessory to a single-family residence is a permitted use in the R-2 zone. The Cullen property has a Shoreline Management Plan (SMP) designation of semi-rural. This property is located along the shoreline of Puget Sound, and a portion of the site proposed for the construction of this garage is located within 200 feet of the Puget Sound shoreline. 3. The Cullen parcel is a pie shaped lot which is bordered on the west by Crystal Springs Drive NE and on the north by Cessna Lane. This corner lot has, therefore, two front yards which require a 25 foot building setback from the north and west property lines. [See BIMC 18.30.060 (A)] 4. This pie shaped lot measures approximately 78 feet in width where it adjoins the eastern edge of the Crystal Springs Drive right-of-way, and narrows to approximately 18 feet in width on the east property line. The portion of the site selected for a new garage varies in width from approximately 52 feet, narrowing to approximately 45 feet. A 16.8 foot shoreline side yard is required along the south property line because the existing house is built over the easement line on the north, leaving no side yard along the north property line. The SMP requires shoreline side yards equal to 30% of the width of the lot and those side yards must remain free of above ground structures and impervious surfaces. [See BIMC 16.12.260 (B)(8)]. This new building will be located at least 17 feet north of the south property line, therefore, it complies with the shoreline side yard requirement. This new garage will not be built within the native vegetation zone designated on the property and no additional bulkheading will be required on this shoreline lot as a result of this garage addition. 5. No accessory dwelling unit is authorized by this zoning variance. The plan proposed for the garage includes a studio area on the second story of the garage, however, there are no present plans to add plumbing in the garage. 6. Maximum lot area coverage in the R-2 zone is 20%. This project as proposed will meet that requirement. The upland portion of the Cullen property east of Crystal Springs Drive measures 11,702 sq.ft. In addition to that property, the Cullen’s lot also includes second class tidelands in front of and adjacent to Crystal Springs Drive. The Cullen’s have also purchased the access easement on the north side of their property. The addition of the new garage will increase total lot coverage to less than 2,000 sq.ft., well below the maximum coverage allowed. 7. The building height proposed for this garage is lower than the 30 foot maximum allowed in the R-2 zone. 8. This garage building will not be located closer than 10 feet from any other residential structure on adjacent lots. The “Martin” house is located to the south. The applicant’s garage will be built at least 17 feet north of the Martins’ north property line. The “Reith” house is on the adjoining lot to the north and is located more than 20 feet north across Cessna Lane. No other residential structure is located in front of the Cullen house to the west, and the Cullen lot extends more than 100 feet to the east from the garage. 9. Since this lot has two front yards, all other yards are considered side yards under the zoning code. This site plan retains side yards on the south and east property lines in excess of the required 15 feet. This lot is too narrow to build a two-car garage without a zoning variance. The required front yard setback from Cessna Lane, when added to the required shoreline side yard along the south property line, creates a no-build area 42 feet in width. The site selected for this garage measures approximately 52 feet in width on the west and approximately 45 feet in width on its eastern edge, leaving an inadequate building envelope for a two-car garage. 10. There is a non-conforming garage built in the front yard along Cessna Lane. This garage will be completely removed from the site. The zoning code requires compliance with current zoning code requirements when building a replacement garage. The current zoning code prohibits building a replacement garage in the front yard. No other location is available on the lot becuase of its small size and unique shape. 11. The design and location of this garage protects existing views. The shoreline side yard view corridor is maintained along the south property line. The building is set back from the south property line and is screened from view from properties to the south by existing trees which will remain in the side yard. The height of the building has been scaled down to the approximate height of the single-family residence in front of it. The garage has been located directly behind the single-family residence and should not be visible from Crystal Springs Drive. The view from properties to the east will not be further obstructed by the addition of this garage building on the Cullen lot. 12. An engineered storm drainage plan has been designed for this lot by Browne Engineering. The addition of this garage will not substantially increase the impervious surface coverage on the lot since it will be replacing an existing building and an established gravel parking area. Stormwater runoff from the roof and paved driveway area will be controlled by a stormwater management system and channeled through existing ditching along Crystal Springs Drive. This will minimize any adverse impact from increased stormwater runoff. The Cullen garage will be entered from the east side of the building. A paved driveway area will create an adequate turnaround to allow vehicles leaving the garage to enter Cessna Lane with a forward movement rather than backing onto the easement road. The garage has been designed at the minimum size necessary to accommodate two motor vehicles. The paved parking area built to the east of the garage will provide additional space for off-street parking for visitors. No parking will be allowed along the easement road of Cessna Lane. Cessna Lane will be posted with “no parking” signs along the length of the Cullen lot from west to east. 13. The Cullen residence is located in an area which has been fully developed with single-family residences. The surrounding properties are also in the R-2 zone. A garage or covered parking area is an amenity allowed as a permitted use in this zone and that use is commonly available in this neighborhood. 14. The septic drainfield for this lot is located in the front yard adjacent to Crystal Springs Drive. A reserve drainfield is also located in the front yard adjacent to Crystal Springs Drive. The building of a garage in the proposed location will not encroach upon either the septic drainfield or the reserve drainfield located in the front yard next to Crystal Springs Drive. 15. This project does not encroach on the Crystal Springs Drive required right-of-way, or on the Cessna Lane 20 foot easement. 16. This property is provided potable water through a private well which is located in the eastern portion of the site. This garage location is more than 100 feet from the existing private well on the property. Police protection will be provided by the Bainbridge Island Police Department, fire protection will be provided by the Kitsap County Fire Department No. 23, and residents of this property may send children to school in the Bainbridge Island School District. No school impact fees are required for this garage addition. 17. Mr. & Mrs. Cullen have access over Cessna Lane, a private road which adjoins their northern property line. Mr. & Mrs. Cullen purchased a portion of Cessna Lane from Peter Christianson in December, 2000. This gives them legal access to the portion of their property now being developed for a garage [EXHIBIT 33]. 18. On Tuesday, November 20, 2001, a Public Hearing was held before the Hearing Examiner to consider the application. Prior to the hearing, notice was published in the Bainbridge Review on November 3, 2001; notice of the public hearing was mailed to the owners of property within 300 feet of the proposed project on October 31, 2001, and notices were posted at the City Hall, the Chamber of Commerce, and the Ferry Terminal on October 31, 2001; notice was posted at the subject property on November 4, 2001. [EXHIBIT 37] CONCLUSIONS OF LAW 1. This application for variance is properly before the Hearing Examiner for decision since it is a proposal for more than a 25% encroachment into the required front yard setback along Cessna Lane [BIMC 18.111.020 (C)(2)] 2. Adequate legal notice was given for the public hearing in this matter held on November 20, 2001. The public hearing was conducted on November 20, 2001, however, the record remained open for additional exhibits pertaining to lot size and lot area coverage. The record in this matter was closed on December 20, 2001. 3. An application for a variance is appropriate on this project site since the provisions of the zoning ordinance create a practical difficulty for the applicants. Compliance with the required front yard setback and shoreline side yard setback reduces the building envelope available on their lot to a size that is inadequate for a garage. A variance is allowed for a change in the size of the yards required on a particular lot. [See BIMC 18.111.010] 4. The project site proposed in this application is located within the jurisdiction of the SMP [See BIMC 16.12.260]. This proposal meets the height, setback and side yard requirements of the SMP. This accessory structure will not be located within the required native vegetation zone on the site. No further shoreline protection measures or bulkheading is required to create a buildable site for this garage. This garage will not be used as an accessory dwelling unit. The design and location of the garage will protect existing views from adjacent principal buildings on adjacent properties and will minimize adverse impacts to the environment through an engineered drainage plan. 5. A SEPA review was not required for this project. 6. To obtain a variance from the 25 foot front yard requirement along Cessna Lane, the applicant must show that their application complies with the decision criteria listed in BIMC 18.111.040. 7. BIMC 18.111.040.(A)(1): A variance may be approved or approved with modifications if: The variance will not constitute a grant of special privilege inconsistent with the limitations upon uses of other properties in the vicinity and zone in which the property is located. This property is located in the R-2 zone and a garage is a normal appurtenance to a single family residence in this zone. No accessory dwelling unit is proposed in this garage building. A garage for car storage is a permitted use in the R-2 zone. The development of this property with a two-car garage is consistent with the use being made of other single-family residential lots in this neighborhood. Homes on surrounding properties have been developed with two-car garages and with other covered parking areas. The “Reith” home immediately to the north of the Cullen residence has been developed with a two-car garage. The addition of a garage on this parcel will comply with the maximum lot coverage requirements in the R-2 zone. The development on this property is similar in square footage to development on other single-family residential lots in this neighborhood. The granting of a variance which allows a reduction in the front yard along Cessna Lane will not constitute a grant of special privilege inconsistent with the uses of other properties in the vicinity. 8. BIMC 18.111.040.(A)(2): A variance may be approved or approved with modifications if: The granting of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the property is located. If this variance is granted, the building of the garage within the front yard along Cessna Lane will create no new or more intense use of the property. This garage will replace an existing non-conforming structure which is built in the front yard along Cessna Lane and a developed gravel parking area located to the east of the existing garage building. The existing garage is a legal non-conforming structure which could remain and be used, provided the structure was not enlarged or altered to increase its non-conformity. Since the applicants’ plan requires a replacement of the existing building, compliance with current zoning provisions is required. The use of this portion of the property for a two-car garage will not be injurious to this property or to other improvements in the vicinity. This garage will be built behind the existing single-family residence and will be built at a height no greater than the residence in front of it. The garage will be built behind the shoreline structure setback line and will not negatively impact views toward the water from properties located behind the structure. Construction of a garage at this site will not change the topography of the site. The new garage will be visually screened from view by owners of property to the south because existing trees growing along the south property line will remain after construction. The replacement of the existing garage/storage shed with a new structure will improve the appearance of this portion of the applicants’ property since a dilapidated building will be removed from the site. 9. BIMC 18.111.040.(A)(3): A variance may be approved or approved with modifications if: The variance is requested because of special circumstances related to the size, shape, topography, location or surroundings of the subject property and will provide the applicant with use rights and privileges permitted to other properties in the vicinity and zone in which the property is located. This variance is requested because of special circumstances related to the size, shape and location of the Cullen property. The Cullen residential lot is a legal non-conforming pie shaped lot which consists of an upland portion east of Crystal Springs Drive and a tidelands portion west of Crystal Springs Drive. The upland portion of the lot on which the garage is to be built varies in width from approximately 78 feet along the eastern edge of the Crystal Springs Drive right-of-way, to a limited width of 18 feet along its eastern property line. The site selected for this two-car garage is immediately behind the single-family residence and is the widest portion of the lot currently available as a possible building site. The septic drainfield for the residence is located in front of the residence, between the residence and Crystal Springs Drive. This garage will be built immediately east of the personal residence in a portion of the lot which varies in width from approximately 52 feet to 45 feet. The addition of a garage on this lot will not exceed the maximum lot coverage requirements for the R-2 zone. The lot is further restricted by its location at the corner of Crystal Springs Drive NE and Cessna Lane. Since this lot fronts on two streets, the zoning code requires a 25 foot front yard on both Crystal Springs Drive and Cessna Lane. This lot is also located along the Puget Sound shoreline and a portion of the lot, including a portion of the building site selected for the garage, is located within 200 feet of the Ordinary High Water Mark (OHWM). This project is therefore subject to requirements of the SMP, as well as the Bainbridge Island zoning code. Compliance with the SMP further restricts the building envelope on this lot, since the applicants are required to retain 30% of the width of their lot in side yard, unencumbered by above ground structures or impervious surfaces. Because of the narrow width of this lot and the presence of the existing house in the northern side yard, the applicants are required to maintain a 16.8 foot shoreline side yard along the southern property line. This additional requirement further reduces the available building envelope for location of the garage. A garage for a single-family residence is an accessory structure which is a permitted use in the R-2 zone. The garage requested by the applicants is consistent with uses made of other single-family residential lots in this neighborhood. The size of the structure is consistent with the size of the single-family residence located on the lot and is proportional to other single-family residences and accessory garages on other properties in this vicinity and zone. Granting approval of a variance to allow construction of a garage behind this single-family residence is consistent with use rights and privileges permitted to other properties in this vicinity and zone. 10. BIMC 18.111.040.(A)(4): A variance may be approved or approved with modifications if: The need for a variance has not arisen from actions taken or proposed by the applicant. The need for this variance has arisen because of the narrow lot width, the unique lot shape, and the fact that the lot has two street frontages. This lot is a legal non-conforming lot which was created before current yard requirements were adopted by the City of Bainbridge Island. The unique circumstances of this lot being undersized, located at the corner of two streets and abutting the shoreline has placed restrictions on this property which create the need for this variance. The building envelope available for siting an accessory structure has been severely diminished by the front yard requirement and the shoreline side yard requirement applicable to this lot. 11. BIMC 18.111.040.(A)(5): A variance may be approved or approved with modifications if: The variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone, but which is denied to the property in question because of special circumstances on the property in question. The Cullens desire to preserve a substantial property right possessed by other properties in the same zone and vicinity and use that is presently available on their lot. The Cullens have an existing non-conforming garage located in their front yard along Cessna Lane. While this garage is not being used as a garage, it was originally built to accommodate a single automobile. The Cullens have established a gravel parking area adjacent to the garage which they have used to park their personal vehicles. This graveled area is located within the front yard along Cessna Lane. Other properties located in this neighborhood have been developed with garages as accessory structures for single-family residences. The replacement of the garage at its present location is prohibited by current zoning and shoreline requirements. Because the Cullens’ garage is a non-conforming structure, it cannot be destroyed and replaced on its present site without conformance to the current zoning regulations. The shape of the lot and its small size prohibit replacement of the garage on this lot without a variance. 12. BIMC 18.111.040.(A)(6): A variance may be approved or approved with modifications if: The variance is the minimum necessary to fulfill the needs of the applicant. To allow development of the Cullen property in a manner that uses the lot coverage allowed in the R-2 zone, and to create a garage building that aesthetically resembles neighboring development, an intrusion into the front yard along Cessna Lane is necessary. The garage has been designed at a minimum width to provide for two vehicles. The building envelope remaining on this lot, behind the single-family residence, has been reduced by the shoreline side yard and front yard setback and is an inadequate size on which to build a single or double garage. Properties throughout this neighborhood have been developed with the amenity of a two-car garage. The applicants’ request to use their property for an accessory garage for their residence is a reasonable one and is consistent with the use being made of other properties in their neighborhood. This proposed structure is the minimum necessary to meet the need of the applicant to build a two-car garage on this property. 13. BIMC 18.111.040.(A)(7): A variance may be approved or approved with modifications if: The variance is consistent with all provisions of this code and is in accord with the Comprehensive Plan. The granting of this variance from the front yard requirement along Cessna Lane is consistent with the provisions of the BIMC and in accordance with Comprehensive Plan policies adopted by the City of Bainbridge Island. This variance approval must be conditioned with certain requirements to ensure compliance with the BIMC provisions, including the SMP, and to be consistent with the goals and policies of the Comprehensive Plan. Those conditions required for compliance are as follows: 1. No accessory dwelling units are approved with this permit. 2. The location of the new garage will be as shown on EXHIBIT 42. 3. In addition to all other information required with a building permit application, the applicant shall also provide the following with the building permit: The applicants shall submit documentation verifying lot area, lot coverage and building distance from all lot lines prior to building permit issuance. Lot coverage shall not exceed 20%. Property lines shall be indicated by string lines or construction fencing in the field prior to any construction activity. The 16.8 foot shoreline side yard along the south property line shall be marked prior to any construction activity. No above ground structures or impervious surfaces shall be located in the side yard. The maximum building height for this garage will not exceed the maximum height of the single-family residence located on the property. Building height is to be calculated from average existing grade and must be shown on the building permit drawings. An engineered drainage plan shall be reviewed and approved by the Public Works Department prior to building permit issuance. The plan shall include methods to preserve water quality and control stormwater runoff to avoid any negative effect on neighboring properties. No construction activity shall intrude onto access easements. Compliance with BIMC 15.04 and 15.20 shall be reviewed and approved by the Department of Public Works prior to final inspection. Existing vegetation adjacent to Crystal Spring Drive NE and Cessna Lane shall be preserved or replaced with native vegetation to achieve the existing vegetated effect. If replacement is necessary re-vegetation shall be completed prior to final inspection, to the satisfaction of planning staff. A turnaround shall be designed at the eastern entry of the garage to allow vehicles leaving the garage to enter Cessna Lane with a forward motion. Cessna Lane is a narrow private road serving numerous residences and backing out onto Cessna Lane could create a safety hazard for users of the road easement, therefore, a turnaround as indicated on EXHIBIT 42 is required. The property owner shall post and maintain “no parking” signs along his property frontage on Cessna Lane to avoid obstruction of the easement road. These “no parking” signs shall be in place prior to final inspection for the garage construction. Cessna Lane shall be kept clear and passable at all times during construction. Construction materials and equipment shall not be stored on the easement. The applicant has agreed to retain the Elm trees now growing along the south property line behind the residence to provide some visual screening between the new garage and the neighbors’ residence to the south. During construction, construction fencing shall be placed around those trees to protect them from damage. Mature trees shall be maintained in this area of the property to enhance visual screening. If any of the trees require removal due to death or disease, or for safety reasons, they shall be replaced with vegetation which will reach a similar height and continue to provide partial visual screening for the benefit of the property to the south. DECISION The application of Paul and Louise Cullen for a variance to the front yard setback along Cessna Lane is approved. A two-car garage may be built within the front yard, as shown on the Site Plan included in the record as EXHIBIT 42. This variance approval is granted subject to the conditions listed in Conclusion of Law 13. Dated this 5th day of March, 2002. /S/ Robin Thomas Baker Hearing Examiner Pro Tem APPEAL This Decision is final unless within fourteen days, an appeal is filed with the City Clerk in accordance with the provisions of BIMC 2.16.140.