B.I. FIRE DEPARTMENT CITY OF BAINBRIDGE ISLAND
OFFICE OF THE HEARING EXAMINER
APPLICATI( ~N FOR ) CUPl10791 .'~-
CONDITIOi~ AL USE PERMIT ) FINDINGS OF FACT ~:
APPLICANT BAINBRIDGE ) CONCLUSIONS OF LAW
ISLAND FIR E DEPARTMENT ) AND DECISION --~
r...
FINDINGS OF FACT
1. The B tinbridge Island Fire Department has filed an application for a Conditional Use
Permit (CUP) to allow expansion of its Headquarters facility located at 8895 Madison Avenue.
An owner/apt licant agreement was signed by Commissioners James E. Johnson and Glen D.
Tyrell on Dec ~mber 4, 2002. This agreement authorized Bror Elmquist of Elmquist Associates to
act on behalf ~fthe Fire Department in seeking approval for the proposed expansion of Fire
Department fi .cilities [EXHIBIT 15]. The Fire Department Headquarters is situated on property
identified by ! ~'itsap County Tax Account No. 222502-01-023-2000 and 4169-000-050-0206.
This property is legally described as follows:
THE ~ ;AST 208 FEET OF THE SOUTH HALF OF THE SOUTHEAST
QUAt :TER OF THE NORTHEAST QUARTER, SECTION 22, TOWNSHIP 25
NORJ H, RANGE 2 EAST, W.M.. IN KITSAP COUNTY, WASHINGTON,
TOGi'THER WITH THE WESTERLY 30 FOOTPORTION OF THAT COUNTY
ROA[ ' VACATED PURSUANT TO THE ORDER OF THE BOARD OF KITSAP
COUI rTY COMMISSIONERS DATED THE 18TM DAY OF OCTOBER, 1976,
WHI£ H ROAD IS DESCRIBED AS FOLLOWS: THAT PORTION OF COUNTY
ROA[ , # 238, LYING IN SOUTHERLY OF THE SOUTHWESTERLY RIGHT OF
WA Y ~ dARGIN OF SR-305 (OLD SR 21-A) AND NORTHERLY OF THE
NORJ HWESTERLY RIGHT-OF-WAY MARGIN AS DEPICTED ON THE
ALIG~ iMENT OF SECONDARY STATE HIGHWAY NO. 21-A, NO WKNOWN AS
SR-3~ 5, W1NSLO W TO ROLLING BAY, ON SHEET 4 OF 9 SHEETS DATED
AUG1 fST 25, 1953. SECTION 22 AND 23, TOWNSHIP 2 NORTH, RANGE 2
EAS~ W.M. 1N KITSAP COUNTY, WASHINGTON.
[See~ 'XHIBIT S.]
2. The p 'oject site is occupied by a 14,474 square foot facility which houses the main offices
of the Fire De >artment, emergency and fire fighting equipment apparatus bays and a public
meeting roorr There are bunk rooms and support areas for resident staffin the Fire Station. A
separate resid ~nce is built behind the Fire Station. A small storage building and a building for
emergency ge aerators are also on site. A heliport is built on the south portion of the site. The
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Bainbridge Islan~ t Fire Depar~wnent Page - 1- City of Bainbridge Island
applicant has proposed two additions to the existing facility:
1. A 1,154 square foot expansion of the main building to accommodate additional
office and work space for the Fire Department administrative staff This addition would
be built on the southwest side of the building, near the main entrance.
2. A 1,725 square foot addition will be built on the northwest corner of the Fire
Station. This area will provide office space for Fire Department operations staffand
additional living space for volunteer and professional Fire Department personnel.
3. A 600 square foot roofed structure will be built over a wash bay to provide an area
for cleaning Fire Department vehicles. The wash bay facility in the back parking lot will
be connected to the City sewer service for waste water disposal.
3. The project site has been zoned R-2 residential and is designated as Open Space
Residential (OSR) in the Comprehensive Plan. Bainbridge Island Municipal Code (BIMC)
18.30.030(E) allows educational, governmental, religious or health care facilities in the R-2 zone
as conditional uses. This Fire Department facility is included in the Code's definition of
governmental institutions (BIMC 18.06.445). BIMC 18.108.020(D) requires this CUP
application to be processed by the Heating Examiner using the procedures set forth in B1MC
2.16.100.
4. This project required SEPA environmental review. A Mitigated Determination of
Nonsignificance (MDNS) was issued by the Director of Planning and Community Development
(DPCD) on February 12, 2003. No appeals were filed. No environmentally sensitive areas have
been identified on the site.
5. The project site has a flat topography. The acreage has been cleared to build the Fire
Department Buildings, parking lots and helipad. The site is overlain with Kapowsin gravelly loam
soils. City water and sewer services are available for this site. Stormwater management will be
controlled through an on-site detention system and an existing storm water drainage system. In
1999, a bioswale and an underground stormwater detention facility were constructed on the site
to handle drainage from .41 acres of building and parking allowed under a new development
permit. The remainder of the site drains to an older stormwater drainage system which does not
include a detention facility. A clarifier for water quality treatment was added to the existing storm
system during the 1999 improvements. Runoff from both the old and new storm system is
combined in a catch basin and conveyed to a roadside ditch along SR~305. The proposed site
improvements will result in a net increase in impervious surfaces on the site of. 12 acres. The new
pavement area will be graded to drain into the existing storm drainage system. The roof drainage
from the new additions will be conveyed to the existing storm system through roof down spouts.
A detention tank will be installed in the system downstream from the clarifier to accommodate the
water quantity increase. West Sound Engineering, Inc. performed a down stream analysis for the
project. The drainage from this site eventually discharges into Murden Cove. All ditches and
culverts along the drainage way were determined to be free of obstructions and had no signs of
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insufficient flo a~ capacity to handle the estimated increase in water runoff from this new project
[EXHIBIT 3J. The City's Public Works Department reviewed the stormwater drainage plan
submitted by ~e applicant and approved the drainage plan as proposed [EXHIBIT 14 and 28].
6. This ~ re Department facility is located at the intersection of Madison Avenue N and New
Brooklyn Ave ~ue NE. Three existing driveways provide access to the site. Access to visitor
parking passe~ the southwest coruer of the Fire Station.
The City Engi leer reviewed this application to determine whether a formal traffic analysis report
was required. Mr. Jensen determined that the proposed additions to the Fire Department building
do not substm tially alter the current use of the site and do not provide any additional capacity to
the large publi: assembly room on the site. The use of this public assembly room represents the
highest traffic demand need for the site. No substantial increase in peak traffic is anticipated from
the expansion of the administrative and living spaces in the facility. No additional traffic analysis
was required vr this project and no certificate of concurrency was required [EXHIBIT 25].
7. Surro nding properties on the north and east have been zoned R-2. Property to the south
and west oftl~ e project site have been zoned Light Manufacturing (LM). Comprehensive Plan
designations f Dr surrounding properties are as follows: North: OSR-2; East: OSR-2; South: CZ-2;
West: LM. T ~e project site is adjoined on the north by open space reserved in the North Town
Woods subdix sion. The northeast property line adjoins SR-305. The west property line is
contiguous wi h the east property line of the Coultas property which has been zoned for Light
Manufacturinl The east property line is bordered by Madison Avenue N, a public right-of-way,
and the south ~roperty line is bordered by New Brooklyn Road NE, also a public right-of-way.
Enhancement ~fthe perimeter landscaping on the site is required for this non-residential use. A
new vegetatio a planting plan has been proposed by the applicant to screen the 1,725 square foot
addition on thC northwest coruer of the building. Existing vegetated buffers will be retained to
preserve the fibrested view from SR-305. Additional landscaping is needed in the perimeter
buffers on the property to reduce visual impacts on surrounding properties [EXHIBIT 1, Sheet 4].
/
8. The h~ight of all proposed additions to the existing facility will be 30-feet or less, so that
those additior 5 will comply with the height limitations set forth in BIMC 18.30.070. If the project
is built as pro] ~osed, the maximum lot area covered by buildings on this site will be 10.2 percent of
the total lot a~ ea [EXHIBIT 30]. Maximum lot area coverage in the R-2 zone is 20 percent
(BIMC 18.30 050). The lot coverage limitations of BIMC 18.108.040(C)(1)(g) have been
waived by the Director [EXHIBIT23]. This site has been developed with one large main building
and several sr~ tall accessory structures to house staff and equipment. No structure will be built
closer than 2~ -feet to the nearest property line [EXHIBIT27, Page 5and 6].
9. Seven y-three parking spaces are available to meet the parking demands of users of the
facility. Four employees reside on the property. Five staffmembers work at the facility.
Personnel nut ~bers are not expected to increase as a result of this remodeling project. No
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Bainbridge Islan, Fire Department Page -3- City of Bainbridge Island
increase in the number of parking spaces is proposed. The parking layout, as it exists on the site
and is delineated on the submitted site plan, meets the dimensional requirements of the City's
Parking Lot Design Standards. The parking areas also meet the requirements for parking lot
landscaping contained in B IMC 18.85.070. [Staff Report, EXHIBIT 27, Pages ? and 8].
10. This facility is used for public meetings and provides 73 parking spaces for visitors to the
facility. Bicycle parking facilities are required at a ratio of lto 3 for vehicle parking spaces.
There is a bicycle rack presently in use at the facility which will provide parking for 8 bicycles.
Twenty-four bicycle parking spaces are required by BIMC 18.81.140.
11. Comprehensive Plan Section TR-2.1 provides as follows: "Protect the island's unique
scenic resources along all transportation corridors. Require broad green belts of trees to screen
unwanted views and buffer noises between the roadway and development and screen parking."
This project is located at the intersection of two secondary arterials, New Brooklyn Avenue NE
and Madison Avenue N. In addition, a portion of the property borders SR.-305. Perimeter
landscape buffering should be planted and maintained along all public rights-of-way to screen the
parking areas and non-residential uses. A substantial vegetation buffer exists along the north
property line. This forested buffer screens the Fire Station from view by vehicles using SR-305.
The property owner has planted deciduous trees along a fence on the east and south sides of the
parking lots and helipad. This limited planting does not meet the requirements of B1MC
18.85.070(B)(2) for a partial screen. The use of this area for a helipad limits the height of
vegetation which can be planted along the fence line. The evergreen trees required for a partial
screen along the fence line are inappropriate because their height may interfere with the arrival
and departure of emergency helicopters. The red cyclone fence line along Madison Avenue N and
New Brooklyn Avenue NE, should be screened with evergreen shrubs to soften the visual impact
of the fence. Enhancement of this vegetation screen would benefit users of the public right-of-
way by reducing the visual impact of non-residential uses on the property. The Fire Station is
being expanded along Madison Avenue North. The vegetation screening in front of the new
addition must be enhanced. No changes are proposed to the helipad or parking areas, however,
current landscaping does not meet the Code requirements for non-residential uses on this site.
12. No changes will be made to outside lighting. Current lighting is all pole mounted and
properly hooded, so that the lamp is not visible from adjacent properties or public rights-of-way
[Staff Report, EXHIBIT 27, Page 7].
13. On April 11, 2003 a public heating was held before the Hearing Examiner to consider the
application. The Hearing Examiner visited the subject property on April 10, 2003. Prior to the
heating, notice was published in the Bainbridge Review on March 19, 2003; notice of the public
hearing was mailed to the 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 March 13,
2003; notice was posted at the subject property on March 20, 2003. [EXHIBIT26]. The record
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remained ope~ for the submission of additional documents which were submitted on April 21,
2003. At the 'equest of the Hearing Examiner Exhibit 30 was prepared and submitted for the
hearing recor( on July 31, 2003.
CONCLUSIONS OF LAW
1. This a ~plication for Conditional Use Permit (CIP) is properly before the Hearing Examiner
under jurisdic ion established in BIMC 18.108.020, since this non-residential use is a use
specifically lis :ed as a conditional use in the R-2 zone (BI/vIC 18.30.030). Adequate legal notice
was given ofl he public hearing held in this matter on April 11, 2003. The record remained open
until April 21, 2003 to receive additional documents. This application for CUP must satisfy the
decision crite~ ia of BIMC 18.108.040 to be approved, or approved with conditions.
2. BIMC 18.108.040.(A) states A conditionaluse may be approved or approved with
modifications if: 1. The conditional use is harmonious and appropriate in design, character and
appearance ~ ith the existing or intended character and quality of the development in the
immediate vk inity of the subject property and with the physical characteristics of the subject
property;
This 1~ ire Station was built under an Unclassified Public Use Permit issued by Kitsap
County in Jun e of 1977. The facility was approved for expansion under CUP05-14-99-1 issued
by the City of Bainbridge Island in July of 1999. On November 21, 2002, an application for
additional ex[ ansion of the facility was filed with the City. The site will continue to be used as a
public fire sta ion. The remodeled additions to the existing building will provide additional
administrative office space and additional living space for staffmembers. A separate building for
vehicle washi~ tg will be constructed in the parking lot on the north side of the Fire Station. The
continued use of this site for a public fire station is consistent with the existing development of
surrounding [ roperties. The large parcel immediately west of the project site has been recently
rezoned for L ght Manufacturing. The property is currently being used for a tree farm, however,
commercial d ,~velopment can be expected on the site. Property immediately south of the Fire
Department property has been developed as a mini-storage facility. Property across Madison
Avenue N to he east, has been developed with a church facility. An open space greenbelt area
for the North town Woods subdivision borders the property along its north property line. This
subdivision w is approved by the City in the late 1990's, more than 20 years after the Fire Station.
The new addi :ions to the existing Fire Station are designed to be compatible in character and
appearance w ~th the existing facility. Enhanced perimeter landscape buffers will screen these new
building addit ons from surrounding residential and commercial uses. This Fire Station has been
developed on a site which has a flat topography. The additions to the existing building can be
accommodate d under present site conditions. Portions of the new building will be constructed on
already existi~ tg impervious surfaces. The net increase in impervious surfaces on the site will be
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.12 acres. Drainage from these new surfaces will be accommodated by additions to the storm
water management system on site.
3. B1MC 18.108.040.(A) states A conditional use may be approved or approved with
modifications if.'...2. The conditional use will be served by adequate public facilities including
roads, water, fire protection, sewage disposal facilities and storm water drainage facilities;
This Fire Station is accessed by driveways offMadison Avenue NE, which has been
designated as a secondary arterial. Public water and sewer service is connected to the site. Fire
protection will of course be provided by on-site facilities. Stormwater drainage facilities will be
improved. Existing drainage ways are adequate to accommodate the increased water run-off
expected from this project.
4. BIMC 18.108.040.(A) statesA conditional use may be approved or approved with
modifications if.'...3. The conditional use will not be materially detrimental to uses or property
in the immediate vicinity of the subject property;
The continued use of this property as a Fire Station will not be materially detrimental to
the uses being made of property in the immediate vicinity. The only residential property adjoining
the Fire Station property is the North Town Woods subdivision. That subdivision has reserved
open space which adjoins the Fire Department property. The addition of 2,879 square feet to the
existing Fire Station building will have visual impacts on surrounding property uses. Those
impacts have been mitigated by conditions which require vegetation enhancement to the perimeter
buffers along the north and west property lines. The City Engineer has determined that there will
be minimal, if any, traffic impacts generated by the expanded use of this building site. A
Stormwater Drainage Plan has been approved by the Department of Public Works which proposes
a system to manage the increased stormwater runoff anticipated from new impervious surfaces on
the site. The addition of a wash bay for Fire Department vehicles will help to protect water
quality by channeling vehicle wash water into the City's sewer system.
5. BIMC 18.108.040.(A) statesA conditional use may be approved or approved with
mod~cations if.'... 4. The conditional use is in accord with the Comprehensive Plan;
The Comprehensive Plan, Public Facilities, Goal 1, states" the needs of the community
shall be met by providing public facilities and services that are equitably distributed throughout the
community, that are located and designed to be safe and convenient to the people they serve, that
provide flexibility of use and maximum efficiency, that are compatible with adjacent uses and the
environment." The expansion of this existing Fire Station helps meets this Public Facilities goal.
The Fire Station is located near a primary and a secondary arterial. The facility has safe and
convenient access for emergency vehicles servicing the community. The expansion of the Fire
Station to provide more administrative office space, as well as additional living quarters for staff,
will allow the Fire Department to continue to meet the needs for fire protection for the island's
increasing population and development. This site has been developed for Fire Station use since
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Bainbridge Island Fire Department Page -6- City of Bainbridge Island
1977 and was a recognized use at the time of the adoption of the Comprehensive Plan. No
critical areas ~ ave been identified on the site. The topography of the site makes it appropriate for
an expansion ~ ,f existing facilities to service the needs of the community.
6. BIMC 18.108.040.(A) statesA conditional use may be approved or approved with
modifications if'...5. The conditional use complies with all other provisions of this code;
This F re Station was originally constructed under an Unclassified Public Use Permit
issued by Kits tp County. Since incorporation, the City of Bainbridge Island has zoned this site
residential R-,'. There are several structures on the property which do not meet the limitations of
current zonin~ (BIMCI8.30). Those nonconformities are not being expanded by this project.
The use ofthi ~ property for a governmental facility is allowed as a conditional use in the R-2 zone
(BIMC 18.30 030). This project must comply with the parking and access requirements of BIMC
18.81. Seven' y-three parking spaces currently exist on the site. The City Engineer has
determined th tt these spaces are adequate to meet the anticipated traffic generated from this
project [EXH~ BIT25]. The parking lots meet the dimensional requirements of the City's Parking
Lot Design St mdards. Walkways have been constructed connecting the building entrances to the
parking areas ~nd establishing a pedestrian circulation route within the parking lot. Additional
bicycle parkin; spaces are being required as a condition for this permit approval (Condition 10).
This applicati~n must also meet the landscape requirements of BIMC 18.85. The perimeter
landscape req~ drements of BIMC 18.85.070 require full screen buffers between abutting
residential zot lng and abutting non-industrial uses. In addition, a partial screen perimeter
landscape bur hr is required along public rights-of-way. This CUP is conditioned to require
compliance w th the landscape requirements of BIMC 18.85.070 (Condition 9). The applicant has
not proposed ~uilding heights which exceed the maximum building height allowed in the R-2
zone. The Fi~ e Station is set back more than 45-feet from Madison Avenue and New Brooklyn
Avenue NE. Fhe closest structure on the site to a side property line will be approximately 25-feet
from that prol ~erty line. Stormwater management systems will comply with BIMC 15.20 and
15.21 (Condi! ~ns 3 and 4). The project, if built as conditioned, will comply with all provisions of
BIMC.
7. BIMC 8.108.040.( A) states A conditional use may be approved or approved with
modifications ('... 6. The conditional use will not adversely affect the area or alter the area's
predominantl residential nature;
The cl inued use of this property for a Fire Station will not adversely affect the area.
Most properti :s surrounding the Fire Station have been developed for non-residential uses. A f~ll
screen perime :er landscape buffer will be maintained along the north property line, where it
adjoins open ~ pace reserved for the North Town Woods residential development. There will be
no change in ~tse for this site as a result of this remodeling project. The visual impact from the
expansion ofl he Fire Station building will be mitigated by the screening provided by the full
screen buffer )n the north and west property lines. Enhanced landscaping will be required in front
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Bainbridge Islan~ Fire Department Page -7- City of Bainbridge Island
of the new administrative offices addition on the southwest corner of the building to minimize
visual impacts for people using the public fight-of-way on Madison Avenue N. The properties
immediately surrounding this Fire Station are no longer predominantly used for single-family
residences. The small expansion of these Fire Station facilities will not adversely affect the
residential uses being made of some properties in the area.
8. BIMC 18.108.040.(A) statesA conditional use may be approved or approved with
modifications if.'... 7. All necessary measures have been taken to eliminate the impacts that the
proposed use may have on the surrounding area;
The expansion of this Fire Station should have few significant adverse impacts to
properties in the area. Conditions have been placed on the project to reduce visual impacts from
the larger building on the site. Stormwater facilities will be improved to handle increased runoff
caused by the increase in impervious surface. Additional bicycle parking facilities will be provided
to accommodate visitors to the facility and comply with the parking requirements of the City of
Bainbridge Island. Landscape perimeter buffers will be established around the property to provide
a vegetation screen between parking areas and structures located adjacent to public rights-of-way
and between adjoining uses. Construction activities will be limited to help reduce noise impacts
on adjoining neighbors. All significant adverse impacts anticipated from this project will be
mitigated by conditions attached to this approval.
9. On March 14, 2003, the Director of Planning and Community Development determined
that this Fire Department facility meets the requirements to waive the decision criteria in BIMC
18.108.040(C)(1). The Fire Department employs 19 full time employees at the facility. The
Director required that the Conditional Use Permit application comply with BIMC 18.108.040(A).
The City Engineer determined that the applicant was not required to submit a traffic report, since
the project was not anticipated to generate traffic which would affect the LOS on Madison
Avenue NE, New Brooklyn Avenue NE, or on SR-305.
10. Reasonable conditions must be imposed to ensure that this application meets the decision
criteria ofB1MC 18.108.040(A). Those necessary conditions are as follows:
SEPA Conditions:
1. To address run-off concerns, the applicant shall submit a Temporary Erosion
and Sedimentation Control Plan meeting the requirement of B1MC 15.20 to the
Public Works Department for review and approval prior to any clearing,
grading, or construction activities.
2. Clearing, grading, or filling shall only occur in the period between 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
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Bainbridge Island Fire Department Page -8- City of Bainbridge Island
an~ approved by the Public Works Department prior to beginning any
ea~ hwork.
3. Th applicant shall utilize Best Management Practices as endorsed by the
De ,artment of Ecology and as directed in its Stormwater Management Manual
for the Puget Sound Basin (Technical Manual). Stormwater plans shall comply
wi~ h BEVIC Chapter 15.20 and shall be reviewed and approved by the Public
W, ,rks Department prior to building/grading permit issuance.
4. Pr ~r to issuance of the first Certificate of Occupancy, the applicant shall submit
a c ~eration/maintenance plan and record a Declaration of Covenant to satisfy
th~ Public Works Department and to meet the requirement of BIMC Chapter
15 21 for newly constructed on-site stormwater systems. The structures
as~, ociated with the system are to remain accessible for maintenance purposes.
5. Te mitigate air quality impacts during clearing activities, any cleared vegetation
mi tst be removed from the site and/or processed by chipper or some other
mi ~hod of disposal that does not require burning.
6. Tc mitigate noise impacts to adjacent development, outside construction
ac' ivities shall be limited in accordance with the provisions of BIMC Section
16 16.025. (The current provisions limit outside construction activities to 7:00
a.~ a. to 7:00 p.m. on weekdays, not including legal holidays, and 9:00 a.m. to
6:110 p.m. on Saturdays, not including legal holidays. Outside construction
ac ivities shall be prohibited on Sundays and all legal holidays.)
7. T( mitigate potential off-site glare, exterior lighting associated with the
de velopment shall be hooded and shielded in accordance with Ordinance No.
20 )2 - 15.
Non-~ EPA Conditions:
8. TI improvements shall be completed in substantial conformance with the
pl~ ts date stamped November 21, 2002.
9. A revised planting plan shall be submitted and approved prior to building
pennit approval. The revised plan shall show plantings meeting the
re luirements in BIMC 18.85.070(B)(1) for a full screen along the north and
wi st property boundaries. The applicant shall work with the Department of
P! inning and Community Development to determine what, if any, plantings are
re aired to meet the requirements of BIMC 18.85.070(D)(4) for a partial screen
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Bainbridge Islan, :ire Department Page -9- City of Bainbridge Island
along the public rights-of-way adjoining the project site. The applicant's
Planting Plan must be revised to include any additional plantings required by
the Department of Planning and Community Development.
10. Prior to issuance of the Certificate of Occupancy, the applicant shall install bike
racks supplying parking for at least 16 bicycles.
DECISION
A Conditional Use Permit is granted to allow expansion of the Fire Station by 2,879
square feet and the construction ora vehicle wash bay as shown on the Site Plan dated October
29, 2002 and received by the City of Bainbridge lsland on November 21, 2002, subject to the
Conditions of Approval listed in Conclusion of Law No. 9.
Dated this 5~h day of August, 2003
Robin Thomas Baker
Hearing Examiner Pro Tem
APPEAL
This Decision is final unless within 21 days o£ issuance an appeal is filed seeking Superior
Court review under RCW 36.70C (Ordinance 2003-25).
CUP 11791 Hearing Examiner
Bainbridge Island Fire Department Page - 10- City of Bainbridge Island