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O'CONNOR SSDP/CUP09-11-00-1CITY CLERK CITY OF BAINBRIDGE ISLAND OFFICE OF THE HEARING EXAMINER APPLICATION FOR SHORELINE ) $$1).P/,CUP09-11-O0-1 SUBSTANTIAL DEVELOPMENT/ ) FINDINGS OF FACT CONDITIONAL USE PERMIT TO ) CONCLUSIONS OF LAW CONSTRUCT A CARPORT AS AN ) AND DECISION ACCESSORY BUILDING.. ) APPLIC~: PETER O'CONNOR ) SUMMARY Mr. Peter O'Connor filed and application for a Shoreline Substantial Development/Conditional Use Permit (SSDP/CUP) to build a carport next to his residence located at 3924 Crystal Springs Drive, Bainbridge Island. The O'Connor residence is located in an area designated as a Conservancy Shoreline Environment, therefore, a Shoreline Conditional Use Permit is required to add a carport behind the existing single family residence. This lot has been developed as a single family residential lot for more than a century. The property is located immediately to the south of the Point White Dock' Park on Crystal Springs Drive. The proposed site for the carport is more than 170 feet back from the Ordinary High Water Mark on the shoreline and is located outside of yard setbacks on the lot. The plans propose an open carport, architecturally designed to match the style of the residence on the property. No impervious covering will be added to the driveway or floor of the new carport. Mitigation measures were added to the SEPA Mitigated Determination ofNonsignificance (MDNS) to minimize the adverse environmental impact from construction of the carport. The application for SSDP/CUP is granted with conditions. FINDINGS OF FACT 1. Peter O'Connor is.the owner of a single family residence located at 3924 Crystal Springs Drive in the City of Bainbridge Island. This property is identified by Tax Parcel No. 052401-1- 037-2005. The legal description for the O'Connor parcel is included as Attachment 'A' and is incorporated herein by reference as if fully set forth. 2. The O'Connor property has a zoning designation of R-2 and a Comprehensive Plan designation of OSR-2. The property has been designated as a Shoreline Conservancy Environment. The property immediately to the north of the O'Connor lot has been developed as a public parking lot for the Point White Dock located on the shoreline. Properties to the south ' and east of the O'Connor parcel are developed as single family residential lots. The west property ~ 11-00-1 Heating Examiner O'Connor- 3924 Crystal Springs Drive. Page -1- City of Bainbridge Island line of the O'Connor parcel is Puget Sound. The. O'Connor parcel is approximately .52 acres in size. 3. The O'Connor parcel has been developed ~ as a single family residential lot since approximately 1885. Thc single family residence is located more than 100 feet back from the Puget Sound shoreline. The area in front of th, residence has been landscaped .with grass and a large laurel hedge which separates the yard portion of the lot from Crystal Springs Drive. Crystal Springs Drive crosses the westerly portion of the lot adjacent to the shoreline. This shoreline is bulkhcaded and all native vegetation has been removed. The proposed site for a two car carport is located to the east of the personal residence. The project site is a gravelled driveway serving the residence. The driveway extends approximately 19.5 feet to the east of the house, where it adjoins a small sparsely planted berm. This berm is approximately 12 feet in width ending at the toe of a steep slope on the eastern portion of the property. The carport is to be built next to the residence, extending from west to east across the gravel driveway then encroaching into the landscaped berm area adjacent to the driveway. The plan proposes a carport with footings approximately 24 feet apart from west to east, and 22 feet in length from south to north. Measurements of the driveway and berm area were made on site visits by the Heating Examiner. 4. The carport will be an open structure with a pitched roof to matCh the architecture of the existing house. The carport will be enclosed only by the roof and an eastern wall. The eastern wall of the new carport will be approximately 8 feet from the toe of a steep slope, which forms the eastern border of the O'Connor property. This slope has an angle of approximately 45 degrees and is covered by brambles and many mature evergreen and deciduous trees. The carport footprint will not encroach into the toe of the slope and construction will not disturb any vegetation on the slope. 5. The native vegetation zone on this property is 100 feet from the Ordinary High Water Mark. This area has long been developed and native vegetation has been removed. A riprap buLkhead, the city street, Crystal Springs Drive, landscaping and septic drainfield are located within this native vegetation zone buffer. No additional alterations to this natiVe vegetation zone are proposed by this project. 6. A small workshop has been built' approximately 14.5 feet behind the single family residence on the north side of the lot. The carport will be built immediately to the south of this workshop. The carport will be visible from the access driveway and from the yard in front of the house. Visibility from Crystal Springs Drive is obstructed by the tall laurel hedge planted along the western perimeter of the yard adjacent to Crystal Springs Drive. The carport will be substantially screened from the street by the personal residence and this Laurel hedge. 7. The carport is an accessory structure' to the single family residence located On the lot. Accessory structures are allowed in the R-2 zone and are allowed as a conditional use in. the Shoreline Conservancy Environment. SS}IN[9-11, ,-O0-. 1 Hearing Examiner O'Connor- 3924 Crystal Springs Drive. Page -2- City of Bainbridge Island. $. This house is within 200 feet of the Ordinary High Water Mark for the waters of Puget Sound, and therefore, sid~yards on the.lot must total at least 30 percent of the lot width and must remain free of above groUnd structures and impervious surfaces. This lot has maintained that 30 percent sidcyard requirement, which for this lot is 36 feet. Fifty feet of this lot is free of above ground structures. No new impervious surfaces will be added as a result of this project. 9. The O'Connor property is lOcated in an. area Which has been developed for single family residential use. Building of the carport behind the O'Connor residence will not adversely affect the views of any adjacent properties. The eastern portion of the O'Connor lot is a heavily vegetated steep slope. The next residential lot immediately to the east of the O'Connor lot, contains a single family residence that is setback from the face of the slope. The carport will not be visible from that upland residence. The property immediately to the north has been developed as a parking lot to serve the public dock at Point White. The property immediately to the sOuth contains a single family residence. This residence is located more than 75 feet to the sOuth of the O'Connor residence. The carport is designed with gutters and downspouts to carry stormwater off the pitched roof. Stormwater drainage system approval by the Public Works/Building Department is required prior to issuance of a building permit. 10. Residential structures in the R-2 zone have a building height limitation of 30 feet. The proposed height of this carport is 16 feet, well within the maximums allowed in this zone. 11. A SEPA MDNS was issued by the City of Bainbridge Island and published on December 6, 2000. No appeals were filed from that MDNS and it is now final. 12. On January 16, 2001, a public heating was held before the Heating Examiner to consider the application. Prior to the hearings, notice was published in the Bainbridge Review on ' December 30, 2000 and January 6, 2001. Notice of the Public Hearing was mailed to owners of property within 300 feet of the proposed project, and notices were posted at the City Hall, the Chamber of Commerce and the Ferry Terminal on the December 28~ 2000. Notice was posted at the property adjacent to Crystal Springs Drive on the western property line. [EXHIBIT 18.] 13. The use of this site for a carport is consistent with the policies of the Bainbridge Island Municipal Code and the Comprehensive Plan which allow accessory structures for single family residences in the R-2 Zone and OSR-2 designation. 14. This property has been designated as a Shoreline Conservancy Environment, however, it does not contain natural features usually found in a property of this designation. This property has been developed as a single family residence since approximately 1885 and is crossed by a city street, Crystal Springs Drive, along the shoreline. 15. This property is located along the shoreline, and is therefore, a possible site for' archeological or historic sites. A condition has been attached to the SEPA MDNS requiting all S~}?~I !...-O0- .1 Hearing Examiner O'Connor- 3924 Crystal Springs Drive. Page -3- City of Bainbridge Island work to stop immediately, and notification to be given to the City, if any historic sites or archeological artifacts are uncovered during excavation for construction. 16. Mitigation measures have been added to the SEPA MI)NS to protect water quality in Puget Sound from any storm water runoff from the site. Temporary erosion and sedimentation control measures will be required during construction as a part of building permit submittal. A stormwater drainage system will be required if, after review by the City Public Works/Building Department, existing stormwater drainage features are determined to be inadequate to control runoff from this new accessory structure. 17. The existing access driveway and existing utilities will be used for the proposed carport. The carport is appropriately scaled within the physical capabilities of the lot and the design m~int~ns the character of the existing dwelling. 18. The maximum lot area covered by buildings in the R-2 zone cannot exceed 20%. The proposed lot coverage including aH existing development will be less than 7%. The proposed location of the carport maintains all minimum yard requirements. CONCLUSIONS OF LAW 1. This matter is properly before the Hearing Examiner since the application is for an accessory structure on a residential lot located in the Shoreline Conservancy Environment within 200 feet of the Ordinary High Water Mark. Adequate legal nOtice was given for the Public Hearing which was held on January 16, 2001. [EXHIBIT 18.] 2. The proposed carport is an appropriate use Of this single family residential lot in the R-2 zone. The addition of a carport at this residence is consistent with the development of other single family residences in this zone. This carport addition is consistent with the policies of the Bainbridge Island Municipal Code (B~C), the Comprehensive Plan and the Shoreline Master Program (SMP). In order to qualify for a Shoreline Substantial Development/Conditional Use Permit the applicant must show that the application complies with the criteria set forth in Section VII.J.2.a. of the Shoreline Master Program (SMP). ,, 3. SMP Section VlI,J.2.a. (1), requires that the applicant demonstrate that "the proposed use will be consistent with policies of RCW 90.58.020, or its successor, and the policies of the Shoreline Master Program." This project is consistent with the policies of RCW 90.58.020, and the policies of the Shoreline Master Program. This carport is located behind a single family residence and will be designed with a roof-line compatible with the design of the residence. The S~~ 1 !-00-1 Hearing Examiner O'Connor- 3924 Crystal Springs Drive. Page -4- City of Bainbridge Island ca-pon is not visible from most adjacent properties. No impervious surfaces will be added to the site to accommodate the carport, and conditions will be attached to this project approval which protect the steep slope on the Property, as well as the water quality of Puget Sound. Erosion and stormwater control measures will be in place during construction and after completion of the project. The steep slope on the eastern portion of the property will not be encroached upon by this new building. The existing environmental conditions on this lot will .not be significantly impacted by the addition of a carport to the primary residence. 4. SMP Section VIl, J.2.a.(2), requires that the applicant demonstrate "the proposed use will not interfere with the normal public use of the public shoreline." This carport is being built more than 170 feet back from the shoreline. The shoreline on this residential lot has' been bulkheaded with a riprap bulkhead and is bordered by a public street, Crystal Springs Drive. This carport and its access will not change or interfere with the public use of a public shoreline and the tidelands of Puget Sound. A public dock is located on the lot immediately to the north of this residential lot and the use of that property and its parking lot will not be affected by the building of this carport. The access to the public shoreline in front of this residence will remain unchanged. 5. SMP, Section VlI, J.2.a.(3), requires that the applicant demonstrate "the proposed use of the site and design of the project will be compatible with other permitted uses within the area." This application is for a permit to build a 24'x 22' open carport to service a single family residence which has been located on this lot since the late 1800's. Surrounding properties have long been developed as single family residential lots and many have accessory carports and garages for use'by residents. The design of this carport will be architecturally compatible with the historic home located on the lot. This carport will be located to the rear of the residence and will occupy a space between an existing workshop, the north property line and the residence. This carport design will be visible from the access driveway, but will not be visible from Crystal Springs Drive. A tall laurel hedge has been planted along the eastern edge of Crystal .Springs Drive, which blocks the visibility from the road. The residence is located more than 100 feet back from the road. The carport will not block the views from any adjacent properties and will not affect the use of adjacent properties for single family residential sites and a public parking area. 6. SMP Section VII,J.2.a.(4), requires that ~the applicant demonstrate "the proposed use will cause no unreasonably adverse effects to the shoreline environment designation in which it is located." Several mitigation measures have been attached to the SEPA MI)NS to ensure that the project will not cause any significant adverse enVironmental impacts to the property. Appropriate erosion and sediment control measures will be required during construction, and a stormwater drainage plan for mn-off will be reviewed by the City Engineer. This carport project will not add any impervious surfaces to the lot. The carport building footprint will not encroach into the toe of the steep slope on the eastern portion of the O'Connor lot. A retaining wall built along the ~ 11,,00-1[, Hearing Examiner O'Connor-3924 Crystal Springs Drive. Page-5- City of Bainbridge Island eastern side of the carport will not encroach into the toe of the slope or affect the natural vegetation covering the steep slope adjacent to the carport site. A retaining wall presently exists behind the workshop located immediately to the north of the carport site and the retaining wall for the carport will be built further to the west on the site than the existing retaining wall so that it does not encroach upon the slope. This carport site is more than 170 feet from.the shoreline and will not affect the shoreline or the aquatic habitat in the Intertidal Zone. This lot is designated as a Shoreline Conservancy Environment, however, the lot has not been maintained in its natural state. It was developed as a single family residential lot long before its designation. There is no preserved native vegetation along the shoreline and none will be replaced by this project. 7. SMP Section VII.J.2.a.(5), the applicant must show that the "public interest suffers no substantial detrimental effect." The addition of a properly sited and constructed carport as an accessory structure for a single family residence is consistent with the zoning and Comprehensive Plan designations for this property. The project is conditioned so that the natural environment of the shoreline and of the steep slope located on the eastern part of the property will be protected, and storrnwater drainage control will be accommodated on site. The public imerest will benefit from proper design and construction of this accessory structure. 8. SMP Section VII.J.2.a.(6), requires that the applicant demonstrate "the proposed use is consistent with the provisions of the Zoning Ordinance (BIMC Title 18), and the Comprehensive Plan (Ordinance 94-21 .) This property has a zoning designation of R-2. It has been developed as a single family residential lot. In the R-2 zone, a carport is a permitted accessory structure. This lot has a Comprehensive Plan designation of OSR-2 and a single family residence and adjoining carport is consistent with that designation. This property has been designated as Shoreline Conservancy Environment with restrictions on development, however, this single family residence was located on the lot prior to its designation and the lot was fully developed for residemial use. A carport accessory structure is allowed in the Shoreline Conservancy Environment as a conditional use. A review of the proposal, shows that the conditions attached to project will ensure that it meets the requirements, of the BIMC, the Comprehensive Plan and the Shoreline Master Program, therefore, it is a permitted conditional use. This project will. meet the requirements of the BIMC, the Comprehensive Plan and the Shoreline Master Program, if certain conditions are attached to ensure that the construction of the .carport will not cause any significant adverse environmental impacts on the site. The following conditions are necessary for this project to qualify for a Shoreline Substantial Development/Conditional Use Permit: SEPA Conditions: la. Prior to any clearing, grading or building activities, a Temporary Erosion and Sedimentation Control Plan shall be reviewed and approved by the City Engineer. S~]i)~ 1 ! ,-1~0-1 Hearing Examiner O'Connor- 3924 Crystal Springs Drive. Page -6- City of Bainbridge Island lb. A stormwater drainage plan shall be submitted, reviewed and approved with the building permit application. 1 c. Clearing 'and grading shall be limited to the minimum necessary to construct the proposed carport. ld. Replanting of all remaining disturbed areas shall occur within the first planting season following the completion of construction. A replanting plan shall be submitted prior to final inspection of the carport. If. Applicant shall stop work and immediately notify~the Department of Planning and Community Development and the Washington State Office of Archaeology and Historic Preservation if any historical or archaeological artifacts are uncovered' during excavation or construction. Nora-SEPA Conditions: 2. The applicant shall submit a building permit and receive City approval prior to construction. 3. This carport shall be sited so that the carport footprint, and any retaining wall built to the east of the carport, or any part thereof, do not encroach into the toe of the slope located approximately 30 feet to the east of the O'Connor residence. This steep slope is to remain undisturbed during all phases of construction and after project completion. Any area disturbed between the eastern wall of the carport and the toe of the slope shall be immediately revegetated on completion of construction of the' carport. All measures shall be taken to protect the slope area from disturbance during construction. The stormwater drainage system required for this carport must include adequate control .of drainage off the east side to prevent any erosion of soils at the toe of the slope on the eastern portion of the. property. 4. No additional impervious surfaces are to be included in this carport project. The access driveway is presently a.gravel driveway and shall remain as a graveled driveway without asphalt or concrete covering. The access driveway shall remain in its present configuration for access to the carport. 5. This Shoreline Substantial Development/Conditional Use Permit approval is based SSl~l'~, ! !~ 1 Hearing Examiner O'Connor- 3924 Crystal Springs Drive. Page -7- City of Bainbridge Island on the drawings submitted by the applicant and 'dated May 27, 2000, and date stamped by the City of Bainbridge Island Department of Planning and Community Development on September 11, 2000. DECISION This application for Shoreline Substantial Development/Conditional 'Use Permit to bUild an olin carport next to the sinsle family residence of Peter O'Connor locat~ at 3924 Crystal Springs Drive in the City of Bainbridge Island is granted subject to the SEPA and Non-SEPA Conditions of Approval listed in Conclusion of Law No. 8. Dated this 6th day of January, 2001, Robin Tl~mas B~cer He~ing Examiner Pro Tem APPEAL T~ Decision is fit.al, unless within 21 calendar days of the date of the Decision of the Hearing Examiner, any party appeals the Decision to the City Council for review under B IMC 2.16.140. The final Decision approving the Substantial Shoreline Development/Conditional Use Permit shall be forwarded to the Washington State Department of Ecology for approval. A copy of the Decision shah also be sent to the Washington State Attorney General in accordance with Shoreline Master Program Section VII, J, 6. ~ _ll~l)-I 1-00=1 Hearing Examiner O'Connor- 3924 Crystal Springs Drive. Page -8- City of Bainbridge Island ATTACHMENT 'A' CITY OF BAINBRIDGE ISLAND DI[$CRIPT/.OH: Order No.: :-57000- SEP 1 1 2000 DEPT. OF PLANNING & COMMUNITY DEVELOPM'ENT · · · Tha~ .portion o[ Government Lots 2 and 3, Section 5~ Township 2~ North~ Range 2 last, ~.~t.~ in ~itsap County~ ~/ashin~ton~ described' as [ollovs: Be$innin~ at the S'ou~heast corner o[ said Government Lot 2; thence North .17'6 ieee; ~hence t~est 1064 ieee, more or less, to the Northeast corner of a tract conveyed to Kitsap County Transportion Company by deed bearing Aud£[or's File No. 336717; thence South 25.9 ieee; ~hence $ou~h 72°59' ~/est 146.64 ieee; thence South 13'02' East 12~.88 feet to the True Point of Beginning of the tract, herein described; thence North 13°02' t~est 121.88 ieee; thence South 72'59' ~est to the Government Heander Line; thence S~utherly along said tieander Line to a point thereon which bears South 76'58' tiest from the True Point o[ Be$£nnin8; thence North 76'58' East to the True. Po£u~ o[ Beginning; EXCEPT County Road. PARCEL 11: An easement for ingress~ egress~ over~ uuder~ across and upon the [ollovin~ described parcel: That portion o[ Government Lots 2 and 3~ Section ~ Township ii North, Ranse 2 East~ ~.H., in litsap l~ash£ngton~ described as follows: Beginning at the Southeas~ corner og said Government Lot 21 thence Ilorth 176 ~ee~; thence 5~est 106~ fee~s more or 1eBBs to the ttor[heas~ corner o~ a tract conveyed to Ki[sap County Transportation Company be deed bearing Aud£~or's File t~o. 3367170 records o£ Kitsap ~ounty; thence South 25.9 ~eet; thence South 72059' ~es~ 1~6.64 ieee; thence South 13002' East 12~.88 ~eeC Co ~he True Point o[ Beginning; thence South 76058' ~es[ 196.87 ~ee[, more or less) to the intersection o~ the Easterly uargin o~ P°in~ ~hi~e Road (County Road No. 139); thence Southeasterly along said County Road to a point which is 20 teat Southeasterly when measured at righ~ angles ~o the las~ descr£bed line; thence North 76.058' Eas~ to a po£n~ vhich vi11 in[ersec~ a line extending Southeasterly South 13o02' East Jrom the Po£n[ o[ Beginning; thence Northwesterly ~o ~he Po£n~ o'~ Beginning.