KCCHA VAR/RUE08-30-00-1&2CL .... K
CITY OF BAINBRIDGE ISLAND
OFFICE OF THE HEARING EXAMINER..., .., .:
APPLICATION FOR VARIANCE ) VAR08-30-00-2
APPLICANT: KITSAP COUNTY ) RUE08-30-00-1
CONSOLIDATED HOUSING ) FINDINGS OF FACT
AUTHORITY ) CONCLUSIONS OF LAW
AND APPEAL OF AN ) AND DECISION
ADMINISTRATIVE REASONABLE USE )
EXCEPTION AND SEPA MDNS )
APPELLANTS: MARK AND PORTIA )
NADLER )
)
SUMMARY
The Kitsap County Housing Authority (KCCHA) has filed an application for a front yard
setback variance on two small non-conforming lots. These lots are located in the Fort Ward area
and are Lots I and 4 of Block 4 of the Fort Ward Estates Division 1. The lots are located on the
east side of Soundview Drive NE. A Category III wetland has been delineated on property
located immediately to the east of Lot 4. In May 2001 the Director of Planning and Community
Development gave approval to an application for Reasonable Use Exception (RUE) allowing a
reduction of the required building setback from the Category III wetland buffer on Lot 4 for the
purpose of siting a single family residence on the lot. A SEPA Mitigated Determination of
NonSignificance (MDNS) was also issued at that time. Mark and Portia Nadler have appealed
both the RUE and the SEPA threshold determination. All matters were considered at the public
hearing.
The RUE approval is affirmed with modifications. The SEPA MDNS is affirmed. The
request for a front yard setback variance is granted with conditions.
FINDINGS OF FACT
I. The Kitsap County Consolidated Housing Authority (KCCHA) is the owner of Lots 1 and
4 of Block 4 of the Fort Ward Estates Division 1. These two existing non-conforming lots are
located on the east side of Soundview Drive NE, between Olympic Drive and Belfair Drive in the
Fort Ward area of Bainbridge Island. The lots are identified by Kitsap County Tax Account No's:
4146-004-001-0002 and 4146-004-004-0005.
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2. Lots 1 and 4 are currently undeveloped. The lots have a zoning designation of R-2 and a
Comprehensive Plat designation of OSR-2. Surrounding properties are developed with single
family residences or remain vacant. Neighboring properties are zoned R-2 and are designated as
OSR-2 on the Comprehensive Plan. Parcels to the north, west and south of these lots are
generally small lots, ranging in size from. 16 to .26 acres. Parcels to the east of these lots are
larger and range in size from .33 to .55 acres. Lots 1 and 4 are .16 and .20 acres in size.
3. Lots I and 4 will be provided water service by South Bainbridge Water Company. Sewer
Service will be provided by Sewer District No.7. Utilities are already in place for the lots. Storm
water management will be addressed by on-site facilities. These lots will be provided police
protection by the Bainbridge Island Police Department; fire protection by the Bainbridge Island
Fire District No. 23 and children residing in future residences built on these lots will attend
Bainbridge Island public schools.
4. A preliminary environmental investigation of Lot 4 showed the presence of a wetland in
the vicinity of the lot. The applicant retained Krazan & Associates, Inc. to prepare a wetland
delineation and classification for the wetland [EXHIBIT 6R]. Krazan and Associates, Inc. state
in their report that they observed substantial changes in hydrology occurring in the southern end
of the wetland. These changes were a result of fill from the construction of Belfair Avenue,
across the wetland. The original wetland south of Belfair Avenue, which extends to the vicinity of
Lot 4, had become wetter and an increase in ponding was easily observable. The wetland
consultants attributed this significant change in the hydrology of the wetland to a crushed culvert
running through the fill used to create Belfair Avenue.
A field investigation was conducted. Soil pits were dug at four sites near Lot 4 to
determine the southern boundary of the wetland. Krazan & Associates, Inc. concluded that hydric
soils were present at their soil pit sites 4 and 1, but not at sites 2 and 3, (Figure 6 attached to their
report). They classified the overall wetland system south of Belfair Avenue as a Class III wetland.
They concluded that it was no longer a part of the historically larger wetland complex which
extends north of Belfair Avenue and beyond Robertson Avenue, since at the time of their
observation the wetland south of Belfair Avenue was hydrologically isolated from the rest of the
wetland north of Belfair Avenue. They speculated that the wetland complex running from
Robertson Avenue in the north to the southern boundary by Lot 4, if considered as a whole, may
be a Category II wetland. The applicant has relied on this delineation and categorization of the
wetland in the vicinity of Lot 4 as a Category III wetland, to support its request for a 50 foot
buffer from the wetland. This 50 foot buffer encroaches onto Lot 4, reducing the size of the
building envelope available on the lot.
5. Information provided at the hearing by Mr. & Mrs. Nadler questions the accuracy of the
delineation of the wetland by Krazan & Associates, Inc. They assert that the Krazan report is an
inaccurate depiction of current conditions at the site. Planner Bob Katai testified at the public
hearing that site conditions have in fact changed since the time of the Krazan report. The culvert
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under Belfair Avenue has now been repaired and water from the southern portion of the wetland
will now move northward. Mr. Katai indicated that the wetlands have now been stabilized and
the increased ponding caused by the crushed culvert has been alleviated.
6. Mr. & Mrs. Nadler provided anecdotal evidence of wetlands identification on their lot and
on their neighbor's lot. No data was provided identifying a change in the southwestern boundary
of the wetland near Lot 4. Mr. & Mrs. Nadler own a lot to the south and east of Lot 4 which
accesses offBelfair Avenue NE. No wetlands report was provided to identify the boundaries of a
wetland on their property, or to classify the wetland on their property.
7. Lot 1 and Lot 4, located in Block 4 of the Fort Ward Estates Division 1, are legal non-
conforming lots zoned for use as single family residential sites. The KCCHA has requested a
variance from the front yard setbacks required for Lots 1 and 4, where they adjoin the east side of
the Soundview Drive NE right-of-way. This public right-of-way measures 60 feet in width.
Soundview Drive NE has been classified as a Suburban Residential street. The standard right-of-
way width for a Suburban Residential street in the City of Bainbridge Island is 30 feet in width.
Soundview Drive NE has been only partially developed and is a partly paved, partly gravelled city
road which now serves residences built on the west side of Soundview Drive NE. The developed
portion of the right-of-way is also located on the western portion of the right-of-way. There are
no present plans for further development of Soundview Drive NE, however, if it were developed
as a Suburban Residential street and recentered in the right-of-way, 15 feet of undeveloped right-
of-way would still remain along the eastern portion of the right-of-way which borders Lot 1 and
Lot 4.
8. Lot 1 is a small residential lot which has property dimensions of 109.96 feet x 65 feet.
The total property area for Lot 1 is 7,150 sq.fl. Lot 1 is 65 feet in depth from west to east. The
R-2 zone requirement of a 25 foot front yard setback and a 15 foot rear yard setback would
reduce the building envelope on this lot to a maximum of 25 feet x 95 feet. KCCHA wishes to
build a 1,325 sq.fl, home on the lot. The home proposed for the site has an outside dimension of
38 feet x 40 feet, including the roof overhang for the porches. No auxiliary living quarters will be
built on the lot. Parking will be provided for two vehicles on-site. The request is to reduce the
front yard setback from 25 feet to 10 feet to increase the size of the available building envelope.
KCCHA has also requested a variance to reduce the front yard setback on Lot 4 of Block
4 of the Fort Ward Estates Division 1. The request is to reduce that front yard setback from 25
feet to 10 feet from the edge of the Soundview Drive NE right-of-way. Lot 4 is also a legal non-
conforming lot. It measures approximately 79.98 feet x 110 feet. Lot 4, however, also borders
on a Category III wetland. This wetland encroaches on the northeast corner of Lot 4. BIMC
16.20 requires a 50 foot wetland buffer and a 15 foot buffer building setback. These building
restrictions reduce the building envelope available on Lot 4. The KCCHA also wishes to build a
1,325 sq.fi, single family residence on Lot 4. This residence will have substantially the same
dimensions as the house planned for Lot 1. KCCHA has proposed siting this residence in the
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southwest corner of Lot 4, to avoid encroachment into the wetland buffer reserved on the
property. Exhibit 31 shows the buildable area remaining on Lot 4 without a variance. KCCHA's
house siting proposal is shown on Exhibit 34. This proposal shows an encroachment by the porch
overhang into the 15 foot wide building setback required for the wetland buffer. This siting plan
also shows a 15 foot encroachment into the front yard setback. An RUE was approved by the
Director of Planning and Community Development in May of 2001. This RUE authorized a
building encroachment into the 15 foot building setback from the wetland buffer. Neither the
building footprint nor the porch roof overhang will encroach into the 50 foot wetland buffer or
the delineated wetland located on the northeast corner of Lot 4. All probable significant
environmental impacts to the wetland and its buffer can be adequately mitigated by conditions
imposed on the building project.
10. Allowing the front yard setback for Lot 1 and Lot 4 to be reduced from 25 feet to 10 feet,
will not be materially detrimental to the public welfare or injurious to the property or
improvements in this vicinity and zone. Other properties across Soundview Drive NE have been
developed as small single family residential lots with front yards of varying sizes and depths. The
lots on the east side of Soundview Drive NE are vacant. Lots 1 through 4 of Block 4 will be
developed by the KCCHA as "affordable housing" lots. The houses will be designed to conform
with the Fort Ward design guidelines. The single family residences proposed for Lots 1 and 4 are
consistent in size with other residences built in the neighborhood on small lots.
11. A large three trunk "Aladrona" grows on the western property line of Lot 4 in a location
approximately in the center of the lot. The Madrona tree is a "significant tree," as described by
the Bainbridge Island Municipal Code (BIMC), and has been designated on the applicant's site
plan for preservation. The proposed location for the single family residence does not require the
removal of this Madrona, however, some trimming may be necessary. The tree will be protected
during construction on the site. The tree will provide some softening and screening in the reduced
front yard setback from Soundview Drive NE. The tree is located at the property line and spans
an area both on the applicant's property and in the right-of-way for Soundview Drive NE.
12. The need for a reduction in the front yard setback on Lot 4 arises not from any actions of
the applicant, but rather is requested because of the location of a portion of a Category III
wetland and its buffer over a substantial portion of the lot. Since this lot is a non-conforming lot,
platted before present zoning requirements, a building site is allowed on the lot even though its
dimensions are smaller than the minimum required in the R-2 zone. The size of the lot and the
presence of a protected critical area on the lot significantly restrict the building area available to
the lot owner. A buildable area of only 1,259 sq.fi, would be available on the lot if the RUE had
not been approved, and this request for variance were denied. The buildable area is a modified
triangular shape with a depth of only 7 feet on its north end and expanding in a triangular shape to
a maximum of 43 feet on the south end. The modest sized home proposed by KCCHA for this lot
could not be built in the remaining buildable area without a variance being granted allowing
encroachment into the front yard setback area.
13. This variance is necessary in order to provide KCCHA with use, rights and privileges
permitted to other properties in this vicinity and zone. This is an area which has been substantially
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developed with small single family residences similar to that proposed for Lot 4. The size of the
house proposed by KCCHA is the minimum necessary to fulfill the need of the applicant to
provide affordable housing on this lot. Almost 60% of Lot 4 is constrained by the wetland,
wetland buffer and buffer setback. The previously approved RUE has required that all
encroachments be located outside the wetland buffer or wetland areas on the property. Minimal
encroachment was approved into the wetland buffer building setback area. In order to comply
with the conditions of the approved RUE, this home must be sited on the western half of the lot
and because of its size must of necessity encroach into the required 25 foot front yard setback.
14. The protection of critical areas is a priority in both the BIMC and the Comprehensive
Plan. This site plan supports that priority by creating a fenced buffer area to protect the Category
III wetland adjacent to the property. This Lot 4 will be developed only with a single family
residence. No garage or accessory dwelling unit will be built on the lot. Impervious surfaces will
be kept to a minimum and storm water on-site infiltration systems will be required for the
residence. On-site storm water infiltration systems will help protect the adjoining wetland. The
wetland and wetland buffer area will be maintained as a no build/no cut area.
15. Locating a house within 10 feet of the Soundview Drive NE right-of-way will not
materially harm any property or improvements in this neighborhood. The Soundview Drive NE
right-of-way is 60 feet in width and the location of this house within 10 feet of the edge of that
right-of-way will still leave the appearance of at least a 25 foot front yard for this lot, even if
Soundview Drive NE is improved and recentered as a 30 foot roadway in the center of the right-
of-way. Plantings and landscaping can help screen the home from the right-of-way and soften the
view for residents on the west side of Soundview Drive NE.
16. The appellants have not shown any significant environmental impact which cannot be
mitigated by conditions included in the SEPA MDNS issued by the City. The appellants concerns
about the accuracy of the delineation of the wetland by Krazan & Associates, Inc. in July of 2000
can be addressed by a requirement of an additional visit to the site by Krazan & Associates, Inc.
to confirm their earlier delineations. Substantial changes to the culvert under Belfair Avenue
have, in all likelihood, significantly changed the hydrology of the wetland on the south side of
Belfair Avenue. There is no evidence in the record that this wetland has encroached any further
onto Lot 4 of Block 4 than the area identified by Krazan & Associates, Inc. in July of 2000. The
approval of the RUE and the issuance of the SEPA MDNS were based upon the July 2000
wetland report. A substantial change has occurred in the conditions of the wetland since that
original investigation. These changes warrant an additional visit by the wetland specialists to
confirm that the wetland previously identified on Lot 4 has not changed its boundaries on Lot 4.
The RUE approval was premised on a site plan which did not require encroachment into the
buffer area. Once an investigation of present conditions confirms that the project will be built
outside the buffer area, it can comply with the RUE conditions.
17. The Wetland Advisory Board was consulted regarding this application and has approved
the siting of a single family residence on Lot 4 provided there is no encroachment into the wetland
or its buffer.
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18. On August 23,2001 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 August 4
3, 2001; notice of the public hearing was mailed to the owners of property within 300 feet of the
proposed project on August 1,2001, and notices were posted at the City Hall, the Chamber of
Commerce, and the Ferry Terminal on August 1, 2001; notice was posted at the subject property
on August 7, 2001. The hearing record was held open until September 12, 2001 for filing of
additional documents.
19. A SEPA MDNS was issued by the Director of the Department of Planning and
Community Development on May 4, 2001. This SEPA review considered both the application for
RUE and the application for variance on Lots 1 and 4 of Block 4 of Fort Ward Estates Division 1.
That SEPA determination was appealed by Mr. & Mrs. Nadler on May 30, 2001. An application
for RUE was approved by Stephanie Warren, Director of Planning and Community Development
on May 4, 2001 and that Administrative Approval was also appealed to the Hearing Examiner by
Mr. & Mrs. Nadler on May 30, 2001.
CONCLUSIONS OF LAW
1. The KCCHA is the legal owner of Lots 1 and 4 of Block 4 of the Fort Ward Estates
Divisionl Plat. KCCHA has applied for a front yard setback variance for Lots 1 and 4 seeking to
reduce the required front yard setback from 25 feet to 10 feet in depth.
2. A public hearing was held on this matter in August of 2001 and the record was closed on
September 7, 2001. Permission was given to Mrs. Nadler for a resubmission of her documents
filed on September 5, 2001 for the purpose of correction of clerical errors contained in the
document. Exhibit 35 (Exhibit 52R) is substantially the same document provided by the Nadlers
on September 5, 2001 with clerical corrections. Exhibits 34, 35, 36, 37, 38, 39 and 40 (Exhibits
51R, 52R, 53R, 541L 55R, 56R and 57R) were filed by the applicant and appellants prior to the
close of the record on September 12, 2001 and are considered a part of the hearing record.
Adequate legal notice was given of the public hearing of these matters. The public hearing on the
appeals and the hearing on the variance application were combined in a joint hearing before the
Hearing Examiner on August 23,2001.
3. BIMC 16.20.090 provides for a Reasonable Use Exception, which is the mechanism by
which the City may grant relief from the provisions of Chapter 16.20, where compliance with
certain provisions of the Chapter leave no reasonable use of the property. The Director issued an
Administrative RUE for this proposal since it was a proposal on a parcel that cannot be
subdivided further after receiving a RUE. The Director followed the procedures set forth in
BIMC 2.16.095. The proposal was referred to the Wetlands Advisory Committee for review.
[EXHIBIT 16RI. The site plan was modified to meet the recommendations of the Wetlands
Advisory Committee as shown on EXHIBIT23R. The RUE review was then completed by the
Director and her approval was signed on May 4, 2001. As part of that approval the Director
attached two conditions, in addition to the conditions already imposed on the project through the
SEPA process. The administrative review procedure followed by the Director was in
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conformance to the requirements of BIMC 16.20.090 and should be affirmed.
4. The appellants did not provide evidence of any significant environmental impact which will
result from the development of this site which cannot he mitigated through the conditions
imposed on the project under the SEPA MDNS and conditions of approval for the RUE and
variance. The Director's review included an evaluation of the impact of storm drainage from the
development of the site as a single family residence. Conditions have been imposed by the
Director requiting compliance with BIMC 15.20 and review approval by the City Engineer. The
on-site storm water drainage system will be designed in such a manner that run-off generated by
any impermeable surfaces added to the site will not drain directly into the wetland. Permanent
fencing will be required along the wetland buffer boundary and informational signage will notify
all property owners and users that the buffer area is a protected wetland area. No building will be
allowed in that buffer area. The use of herbicides, pesticides and fertilizers will be prohibited on
Lot 4. The environmental review conducted by the Department of Planning and Community
Development meets the legal requirements for the issuance of an MDNS. That review included a
consideration of the impact that the applicant's proposal would have on the adjoining wetlands
and specific mitigation measures were required as a condition of approval. Testimony at the
public heating established that a significant change has occurred in the wetland since July of 2000
(the date of the Krazan wetland report.) Conditions of approval for the RUE and SEPA MDNS
allow a 10 foot reduction of the wetland buffer building setback and require fencing of the
wetland buffer boundary. To ensure that the wetland boundary and buffer area are accurately
flagged to reflect present conditions at the site, the applicant must provide a follow-up report
from its wetland consultant which confirms the wetland classification and identifies and delineates
any portion of the of the wetland or wetland buffer on Lot 4. Substantial weight must be given to
the decision made by the responsible official and her evaluation of the significant environmental
impacts expected from the proposal. Documentation in the planning files details the review of the
impacts to surrounding properties, as well as possible impacts to the critical areas located in the
vicinity. The SEPA MDNS was properly entered and should be affirmed. No Environmental
Impact Statement (EIS) will be required.
5 A variance from the front yard setback requirement in the R-2 zone has been requested for
Lot 1 and Lot 4. In order for these lots to qualify for variance, the request must satisfy the
decision criteria set forth in BIMC 18.111.040.
6. B IMC 18.111.040. A. A variance may be approved or approved with modifications if:
1. 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 locate&
Granting a variance for Lots 1 and 4 will not constitute a grant of special privilege since
the variance is necessary to facilitate development of two modest-sized single family residences on
2 existing legal non-conforming lots in the Fort Ward area. The development as proposed is
consistent with Fort Ward area development and zoning. The lots are located in an R-2 zone. A
single family residence is a permitted use for the lots. The residences will be designed to conform
to the Fort Ward design guidelines and will be consistent in size with homes built on other small
lots in the neighborhood. The comprehensive plan supports KCCHA's efforts to provide
affordable housing on the island. No accessory dwelling units will be built on either lot. No
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garage will be built on Lot 4.
7. B IMC 18.111.040.A. A variance may be approved or approved with modifications ~'~
... 2. 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
locate&
If this variance request were granted for Lot 1 and Lot 4, the houses would be sited on the
property so that only 10 feet of the front yard setback would remain. This encroachment into the
front yard setback would limit the amount of off-street parking space available on the western
portion of the lot. A condition is being recommended which would require the provisions of two
on-site parking spaces on each lot. The staff has recommended that a condition be imposed
requiring a carport or garage to be set back at least 20 feet from the front property line. These
conditions will help preserve a parking area along the front of the lot and will also diminish the
"wall" affect which might be created if the carport and home were built with the same setback.
No garage will be built on Lot 4. A condition is recommended requiring the retention of the
mature Madrona tree which is located near the center of Lot 4, along the Soundview Drive NE
right-of-way. The retention of this mature Madrona tree and the future addition of shrubs and
other landscaping in the front yard will reduce the visual impact of the house being located closer
to the street. Both Lots 1 and 4 are being developed by the KCCHA and will be designed
consistent with the Fort Ward design guidelines. Soundview Drive NE has been previously
developed along its westerly property line with a variety of small single family residences which
maintain front yards of varying sizes, some of which may not be consistent with the zoning
requirement. The placement of homes on Lots 1 and 4 closer to Soundview Drive NE will not
adversely affect property or improvements in the vicinity or zone.
8. BIMC 18.111.040.A. A variance may be approved or approved with modifications if.-...
... 3. The variance is requested because of special circumstances related to the size, shape,
topography, location or surroundings of the subject property and will provide an applicant with
use rights and privileges permitted to other properties in the vicinity and zone in which the
property is locater
Both Lot 1 and Lot 4 are small legal non-conforming lots located in the R-2 zone. Lot 1
has a depth of 65 feet. If the variance was not allowed, then a 25 foot setback would be required
for the front yard and a 15 foot setback for the rear yard, leaving a very shallow 25 foot x 95 foot
building envelope. Lot 4 is also small and measures 79.98 feet x 110 feet. Lot 4 is also impacted
by Category III wetland located on the northeast corner of the property and the 50 foot wetland
buffer which is required for protection of that wetland. This wetland buffer extends into Lot 4 in
an arcing pattern. In addition to the set aside of those two protected critical areas, the BIMC
requires a 15 foot building setback from the wetland buffer. The combination of these three
restrictions absorb almost 60% of Lot 4, thus reducing the building envelope available to the
property owner. Both Lot 1 and Lot 4 are zoned R-2 and a single family residence is a permitted
use in that zone. Other lots of a similar size in the vicinity have been developed with single family
residences. The granting of this variance would provide the applicant with the use rights and
privileges permitted to these other properties.
9. BIMC 18.111.040. A. A variance may be approved or approved with modifications if'...
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... 4. The need for a variance has not arisen from the actions taken or proposed by the applicant;
The need for the variance on Lots 1 and 4 arise from the relatively small size of these non-
conforming lots. Lot 1 is only. 16 acres and is rectangularly shaped so that its depth is only 65
feet. The applicant did not formulate this plat, but purchased these legal non-conforming lots for
the purpose of building affordable housing in the Fort Ward area. Lot 4 has a need for variance
because of its proximity to a protected critical area, a Category III wetland, and the wetland
buffers required to be set aside by the property owner under BIMC. Neither the platting nor the
buffer requirements are factors created by the applicant, but they do help create the need for a
front yard variance.
10. BIMC 18.111.040. A. .4 variance may be approved or approved with modifications if.'...
... 5. 7he variance is necessary for the preservation and enjoyment ora substan#al 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.
A denial of a variance for Lots 1 and 4 would preclude the development of these lots with
the single family residences proposed by the applicant. Lots of similar size in the neighborhood
have been developed by other property owners with single family residences. Without the
variance, the building envelope for Lot 1 would be only 25 feet deep. The house plan chosen by
the applicant covers an area of 3 8 feet x 40 feet. Without the variance and the already approved
RUE, the building envelope for Lot 4 would be reduced to a triangular envelope between 7 feet
and approximately 20 feet deep. The building areas, without the variance on either lot, are not a
reasonable size to accommodate the affordable housing units proposed by KCCHA.
l 1. B1MC 18.111.040.A. A variance may be approved or approved with modifications if.'...
... 6. The variance is the minimum necessary to fulfill the need of the applicant;
This variance will facilitate the construction of two homes each containing 1,325 sq. ft.
This square footage is similar to the square footage of other homes located in the Fort Ward
neighborhood. The house plan proposal is for a modest sized residence which can be rented or
sold as affordable housing. This house size is the minimum needed to suit the purposes of the
applicant.
l 2. BIMC 18.11 1.040. A. A variance may be approved or approved with modifications if.'...
.. 7. The variance is consistent with all other provisions of this code and is in accord with the
comprehensive plan.
The proposed uses for these lots as single family residential lots are permitted uses in the
R-2 zone. The comprehensive plan supports the provision of affordable housing and single family
residential development. The variance supports the policies of the comprehensive plan and the
BIMC in that it allows for the protection of the wetland located on the northeast coruer of the lot.
A RUE has been approved for Lot 4 allowing some encroachment into the building setback from
the wetland buffer area, however, no encroachment into the wetland buffer or the wetland area
has been proposed or approved. The KCCHA is planning to provide affordable housing in this
neighborhood and has purchased these lots to build small standardized house plans which will
provide affordable residential units. Comprehensive plan policies support the effort of the
KCCHA in developing and managing affordable housing on Bainbridge Island. The building of
these two homes will provide affordable rental housing, an area of need which has been identified
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by the City.
13. In order in ensure compliance with the BIMC and the Comprehensive Plan, the variance
request must be modified with conditions before approval. The following conditions are required
for approval:
SEPA CONDITIONS
la. As required by BIMC Section 16.20.090(H), a 15 foot building setback is required beyond
the edge of the buffer. Therefore, the approved 10 foot reduction of the wetland buffer
will, in effect, reduce the buffer setback to five feet and not cause intrusion into the 50 foot
wide wetland buffer. Prior to building permit issuance, the applicant shall install
construction fencing along the site's wetland buffer boundary. Prior to final inspection,
the applicant shall replace the construction fencing with split rail fencing and informational
signage to the satisfaction of planning staff. The signage shall note that the buffer is a
protected wetland area.
lb. Development of each of the lots shall be limited to a single-family
residence (40' x 38' footprint, 1,325 square feet) and a detached garage.
lc. To address run-offconcems, the applicant shall submit a Temporary Erosion and
Sedimentation Control Plan to the City Engineer for review and approval prior to any
clearing, grading or construction activities.
id Clearing, grading, or filling shall occur in the period betweem April 1st and October 1st
unless the applicant provides an erosion control plan that specifically identifies methods
for wet-weather conditions. Such a plan shall be reviewed and approved by the City
Engineer prior to any earthwork.
lc. The on-site stormwater drainage system shall be designed to not allow run-offgenerated by
impermeable surfaces such as rooftops and driveways to drain directly into the wetlands.
Drainage plans shall comply with BIMC Chapter 15.20 Surface and Stormwater
Management and shall be reviewed and approved by the City Engineer prior to building
permit issuance.
lf. To mitigate air quality impacts during clearing activities, cleared vegetation must be
removed from the site and/or processed by chipper or some other method of disposal that
does not require burning.
lg. Each of the proposed single family residences shall reflect the applicable Fort Ward
Design Guidelines. Conformance will be verified during building permit review.
NON-SEPA CONDITIONS
2. The single family residence to be constructed on Lot 4 of Block 4 of Fort
Ward Estates Division I Plat shall be constructed in substantial
conformance with the site plan drawn by Michael F. Wnek on August 23,
2001 and included in the record as Exhibit 34. The site plan date stamped
August 30, 2000 will be modified to reflect compliance with these
conditions and with the conditions attached to the RUE, as well as the
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conditions attached to the SEPA MDNS. The applicant shall provide a
new site plan which reflects compliance with the conditions of approval
for the RUE and mitigation measures required by the SEPA MDNS and
conditions of approval for this variance. This new site plan shall include
siting of the residence as indicated on the August 23, 2001 sketch
prepared by Michael Wnek [EXHIBIT 34]. The new site plan shall be
submitted to the Planning Department for review and approval prior to
issuance of a building permit for construction on Lot 4.
3. The mature Madrona tree located in the front portion of Lot 4 near the
right-of-way for Soundview Drive NE shall be retained. The tree shall be
protected from damage during construction activity at the site. Any
trimming of the tree will require prior approval by a member of the
Planning Department staff.
This variance approval is based on the site plan submitted by the applicant on August 24,
2001 and is subject to all conditions of approval listed herein.
5. Concurrent with the construction of the single family residences, driveways (gravel,
asphalt, or concrete) at least 20 feet in length and 16 feet in width, shall be installed to the
satisfaction of planning staff. Should garages or carports be constructed for the
residences, the front face of such structure shall be setback at least 20 feet from the
Soundview Drive right-of-way. Compliance with this condition will provide a minimum of
two on-site parking spaces for each of the residences. It is understood that no garage will
be built on Lot 4.
14. In order to ensure compliance with BIMC and the Comprehensive Plan, the approval of
the RUE request must be modified with additional conditions before being affirmed. The
following conditions are required for approval:
SEPA CONDITIONS
la. As required by BIMC Section 16.20.090(H), a 15 foot building setback is required beyond
the edge of the buffer. Therefore, the approved 10 foot reduction of the wetland buffer
will, in effect, reduce the buffer setback to five feet and not cause intrusion into the 50 foot
wide wetland buffer. Prior to building permit issuance, the applicant shall install
construction fencing along the site's wetland buffer boundary. Prior to final inspection,
the applicant shall replace the construction fencing with split rail fencing and informational
signage to the satisfaction of planning staff. The signage shall note that the buffer is a
protected wetland area.
lb. Development of each of the lots shall be limited to a single-family
residence (40' x 38' footprint, 1,325 square feet) and a detached garage.
lc. To address run-offconcerns, the applicant shall submit a Temporary Erosion and
Sedimentation Control Plan to the City Engineer for review and approval prior to any
clearing, grading or construction activities.
Id. Clearing, grading, or filling shall occur in the period betweem April 1st and October Ist
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KCCHA/Nadler Page 11 of 13 City of Bainbridge Island
unless the applicant provides an erosion control plan that specifically identifies methods
for wet-weather conditions. Such a plan shall be reviewed and approved by the City
Engineer prior to any earthwork.
l e. The on-site stormwater drainage system shall be designed to not allow run-off generated by
impermeable surfaces such as rooftops and driveways to drain directly into the wetlands.
Drainage plans shall comply with BIMC Chapter 15.20 Surface and Stormwater
Management and shall be reviewed and approved by the City Engineer prior to building
permit issuance.
If. To mitigate air quality impacts during clearing activities, cleared vegetation must be
removed from the site and/or processed by chipper or some other method of disposal that
does not require burning.
lg. Each of the proposed single family residences shall reflect the applicable Fort Ward
Design Guidelines. Conformance will be verified during building permit review.
NON-SEPA CONDITIONS
2. The building permit application shall contain detailed lot coverage calculations. Thc
calculations shall verify that lot coverage does not exceed 20 percent.
3. The building permit application shall demonstrate that proposed buildings, utilizing
average existing grade data and measured to the mid-point of the highest grade, do not
exceed 25 feet in height.
4. To ensure that the wetland and buffer area are accurately identified and to reflect present
conditions at the site, the applicant must provide a follow-up report from Krazan &
Associates, Inc. which confirms the present location of a Category III wetland and buffer
area encroaching on Lot 4. This follow-up report shall include a summary of any findings
which differ from their Report issued in July, 2000. This report shall be submitted to the
Department of Planning and Community Development prior to any construction activities
at Lot 4. The Department of Planning and Community Development shall confirm the
boundary line of the wetland and the wetland buffer areas, for placement of construction
protection fencing prior to construction or grading activities occurring on the site.
5. The use of herbicides, pesticides and fertilizers is prohibited on Lot 4, to help preserve the
long-term function of the wetland and its buffer. Notice of this prohibition against
herbicides, pesticides and fertilizers shall be included on the informational signage to be
placed at the wetland buffer boundary. The content of such informational signage shall be
approved by a member of the Department of Planning and Community Development
before posting on the property.
6. The wetland and wetland buffer area on Lot 4 will be maintained as a no-build, no-cut
area. This restriction shall be included in the informational signage placed on the
boundary fencing. Prior approval of the informational signage must be obtained from the
Department of Planning and Community Development before posting.
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DECISION
The applicant's request for a variance from the front yard setback requirement is approved
with conditions listed in Conclusion of Law No. 13. The front yard setback may be reduced from
25 Feet to 10 feet along Soundview Drive NE. The RUE approval is affirmed and modified with
additional conditions of approval listed in Conclusion of Law No. 14. The SEPA MDNS is
affirmed.
Dated this 14th day of January, 2002.
Robin Thomas Baker
Hearing Examiner Pro Tern
APPEAL
This Hearing Examiner's decision affirming the SEPA MDNS is final unless an appeal is
filed with the Superior Court as set forth in BIMC 16.04.170. The decision of the Hearing
Examiner affirming the approval of a Reasonable Use Exception is final unless within 21 days
after issuance of the decision, a person with standing appeals the decision in accordance with
Chapter 36.70 of the RCW. The decision of the Hearing Examiner granting the variance for the
front yard setback may be appealed to the City Council in accordance with the provisions of
BIMC 2.16.140.
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