DETRICK, TED & JAYNI CITY OF BAIN2~E ISLAND
.Am c. I2:06
~~LICATION FOR SHO~L~ ) ~~1 !7~
CO~~ION~ USE PE~~T ) ~~S OF FACT~
~LIC~~: ~D ~ JA~ ) CON~USIONS OF LAW
) VEC SION
)
FINDINGS OF FACT
1. Ted and Jayni Derrick reside at 9341 NE South Beach Drive on Bainbridge Island. The
l)aricks are the legal owners of a sLq~e-family residence built at that address and legally
cle~zn~xl as:
Tax Lot IiSI 68-000-002-0005.
Lot 2, Rich PasaJge Olympic Mountain View according to the plat recorded in
Volume 26 of Plats, pages 128 through 131 inclusive, Kitsap County,
W~ington, being a portion of Section 10, Township 24 North, Rtmge 2 Ex~st,
2. The Detrick property is in a r, eighborho~ of single-family homes located along the Puget
Scmnd shoreline. The property has been designated as a Semi-Rural Shoreline Environment under
tl~ Bainbfi~e Island Shoreline Master Program (SMP). This shoreline environment
acx, ommodates low to medium density residential development, low to medium density
r~eational development, passive rec~on'~ .open space. The property has a zoning
de~i~tion orR-2 which allows two units per acre density. The Comprehensive Plan designation
of the property is OSR-2.
3. A Mitigated Determination of Non-Significance (MDNS) was issued on this project on
August 13, 2002. The MDNS has not been appealed.
4. This residential lot measures approximately 11,880 sq.ff. The site has been developed
w~ a single-family residence and a garage with guest quarters. The parcel is a low bank
w~terfront site which has flat topography with a slight grade toward the shoreline. The lot has no
slmre~e armoring, however, adjoining Lots 1 and 3 have rock bulkheads. The applicants wish to
install a swimming pool and spa in their yard on the north side of their house. The pool and spa
will be located within 200 feet of the shoreline Ordinary High Water Mark (OHWM). The
proposed site is east of the Native Vegetation Zone (NVZ) on the lot.
5. Public utilities are provided to the Detrick residence by South Bainbridge Water Company
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T~ & Jaym Derrick Page - 1- City of Bainbridge Ialand
a~ Sewer District No. 7. A storm drainage system is installed on the site. Public services are
provided by the Bainbridse Island Police Department, the Bainbridge Island Fire Department and
th~ B~jnbridge Island School District.
6. The Detrick residence is located in a plat which has been developed with single-family
retid~ces. Lot 3 located adjacent to the Detrick property on its northwest side is undeveloped.
The owners of Lot 3 are Kevin and Katherine Pearson who have given the Detricks access across
Lot 3 for construction, equipment and materials needed to install the swimming pool and spa.
Wrought iron fencing encloses the pool site. Entry gates are on the north and south sides of the
garage and in the western portion of the fence which parallels the shoreline. Access to the pool
ar~a is controlled through these three gates and the home.
7. The Detricks are members of the Rich Passage Estates Homeowners' Association. They
stlnnitted their application for a swimming pool and spa to the Homeowners' Association for
at.royal. That approval was receiv~ by letter dated October 15, 2002 from Deborah L. Myers,
Pr, sident of the Homeowners' Association.
8. The Detrick lot measures 82.5 feet in width. BIMC 16.12.260 (BXS) requires residential'
si~,yards within 200 feet of the OHWM which measure at least 30% of the lot width. These
sidey~ must remain flee of above ground structures and impervious surfaces, except that fences
up to 4-feet b. igh are allowed. The pool proposed by Mr. and Mrs. Detrick will measure 14-feet
3-inches in width by 32-feet 10-inches in length. The spa will be 8-feet in diameter. The pool and
spa will be built outside the required shoreline sideyard area. No additional impervious surfaces
~ be added to the yard around the pool and spa. The area now covered with grass between the
house and the northern fence line will remain landscaped except for the portion of the lot
occupied by the new pool and spa. At the public hearing, the Detricks amended 'their site plan
proposal to eliminate impervious ground covering material between the pool and the home, as
shown on the site plan submitted to the City on June 26, 2002. Mrs. Detrick testified that the
area is to remain planted in grass. Equipment to operate the pool will be installed above ground
in front of the garage. The equipment will be placed under the deck on the west end of the
garage. The equipment may be screened from view by vegetation or other fence screening,
however, no building will be constructed to enclose the pool equipment.
9. Tom Sutich from Aquaquip, the pool and spa installation contractor, described the pool
water circulation system as a closed loop system which will not require backflushing or draining.
The pool is designed to continuously recycle the water once the pool has been filled. No pool
water will be discharged from the system into the sewage system or into surrounding soils or the
waters of Puget Sound. No pool water pipes will be installed above ground.
10. The swimming pool will be built as an in-ground pool and will not be visible from the
public right-of-way or from residences on neighboring properties. The swimming pool and spa
will be screene~ from view from the waters of Puget Sound by vegetation planted along the
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wz~t~ fence line. An in-ground swimming pool at this location ,will have little or no visual
iralmct on the natural shoreline las,~~¢ to th~ west of the Detrick's residence. The placcm~at
of thc pool in the yard next to the residence minimizes visual impacts to the natural shoreline.
The in-ground pool design with a closed loop water circulation system minimizes the risk of
adverse environmental impacts from chlorinated water drainage.
11. Installation of the pool and spa will not require clearing or grading within the NVZ.
Equipment access to the site will not disturb the NVZ during or at, er construction. All vegetation
wi*~ the NVZ will be retained. Disturbed areas landward of the NVZ will be replanted. The .
placement of a swimming pool and spa outside the shoreline sideyard and outside the NVZ on this
lot will avoid interference with natural shoreline processes such as water circulation, sand and
gr~vel movement, erosion and accretion. This lot borders the waters of Puget Sound. The
swimming pool and spa will be placed the required buffer distance from Puget Sound. The NVZ
will be protected by silt fencing, during construction.
12. On Thursday, October 15~ 2002, 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 September 25, 2002, notice of the public heating was mailed to the owners of property within
300 feet of the proposed project on September 18, and notices were posted at the City Hall, the
Chamber of Commerce, and the Ferry Terminal on September 18, 2002 notice was posted at the
subject property on September 25, 2002. [EXHIBIT 16]
CONCLUSIONS OF LAw
1. This application for Shoreline Conditional Use Permit is properly before the Hearing
E~m~er. BIMC 16.12.380 (cx4) requires that all Shoreline Conditional Use Permits be decided
by the Heating Examiner following the procedures in BIMC 2.16.100. Adequate legal notice was
giVen of the public hearing held on this application on October 15, 2002. The MDNS was not
al~peale~ and is now final.
2. This application requests approval to install an in-ground swim_ming pool and spa on a
single-family residential,lot in the R-2 zone. BIMC 18.30.020 permits accessory uses and
b~dings in the R-2 Zone. The Shoreline Master Program (SMP) allows accessory structures and
uses on single-family residential lots and does not prohibit a swimming pool or spa as an
accessory structure.
3. BIMC 16.12.260 (BX$) requires that on lots within 200 feet of the OHWM at least 30°/3
of the lot width must remain free of above ground structures and impervious surfaces except that
feaces up to 4-feet in height are allowed. This application proposes to build an in-ground
swimming pool and spa in a location next to the single-family residence which will. not encroach
upon the required shoreline sideyard. A condition will be attached to the approval of the
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Ted & Jayni Derrick Page -3- City of Bainbridge I~land
swimming pool and spa inst~ation prohibiting construction within the shoreline sideyard.
4. No additional buildings will be added to this property as a part of this swimming pool and
sp~ installation project. The pool equipment will be installed under decking on the west side of
the existing family garage. No lot coverage calculation was made for this project because no
additional buildings were being added to the lot area. The maximum lot area coverage allowed in
the R-2 zone is 20%. The application submitted by the Detricks notes that current lot coverage is
below the maximum allowed.
5. This lot is located within a Semi-Rural Shoreline Environment. BIMC 16.12.260 requires
thst a 50-foot NVZ be maintained adjacent to the shoreline on the property. The NVZ is
m~ur~ horizontally upland from and perpendicular to the OHWM on a property. The
application proposes to construct this in-ground swimming pool and spa outside the designated
NVZ on the property. The site plan as submitted does not indicate the location of the OHWM on
the shoreline. As a condition of the SEPA MDNS approval, the property owner is required to
submit drawings from a licensed, surveyor which indicate the boundaries of the NVZ, This survey
is required to ensure that the NVZ designated on this property will not be disturbed during
construction for this swimming pool project. Protective fencing will be required during
coastmction activities.
6. This project will not require additional shoreline protection measures or bulkheading.
7. The design and location of this in-ground swimming pool and spa will protect existing
views from adjacent properties since it is an in-ground structure which will be screened by
enhanced vegetation screening along the north and west f~nce line. The design of the pool as a
closed loop water circulation system will minimize the risk of adverse impacts on the shoreline
environment. Pool water spillovcr will be channeled into the storm water drainage system which
wffi be designed to comply with BIMC 15.20. BIMC 16.12.070 (C)(9) requires that the location,
design, construction and management of shoreline uses and activities shall avoid hazards to public
health and safety. The installation of an in-ground swimming pool and spa in this densely
developed neighborhood poses a potential danger to young children in the neighborhood if access
to the pool is not controlled by the owner. The Dctricks have installed wrought iron fencing
which will comrol access to the~pool area. This fencing has three entry gates; one on each side of
th~ garage and a third which provides access from the shoreline. A portion of this fencing will be
removed during construction of the swimming pool, but will be immediately replaced after
placement of the swimming pool on the site. A condition will be attached to the approval of this
shoreline permit requiting that all gates be equipped with locks requiting keyed entry tO protect
asainst access by unimended users. Temporary fencing will be required during construction
which will control access to the property until permanent fencing is reinstalled.
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Ted & Jayni Derrick Page -4- City of Bainbridge I~land
8. A Shoreline Conditional Use Permit may be granted for this swimming pool and spa
project only after the applicants have demonstrated compliance with the requirements listed in
BIMC 16.12.380 (C)(1).
9. BIMC 16.12.380 (C)(1) states: Uses classified as conditional uses may be authorize&
provided, that the applicant can demonstrate all of the following:
a. The proposed use will be consistent with the policies of RCW 90.58. 020 or its successor and
the policies of the master program.
The StaffReport prepared by the Departmem of Planning and Community Developmem
(DPCD) discusses the policies of the Bainbridge Island SIMP which are relevant to this project. A
review of the application and hearing exhibits demonstrates that this project will be consistem
with the policies of the Washington State Shoreline Managemem Act as well as the Bainbridge
Island SMP if appropriate conditions are attached to the permit approval. The swimming pool
and spa are sited outside the NVZ and outside the shoreline sideyards on this shoreline lot. The
natural shoreline will not be impacted by the construction of this project or by the operation or
use of this in-ground swimming pool and spa. Any pool water spillage will be channeled through
the stormwater drainage system. A stormwater drainage plan which complies with the
requirements ofBIMC 15.20 and the Stormwater Managemem Manual for the Puget Sound
B~in is required by BIMC 16.12.130 (C)(4). The drainage plan will be submitted along with the
building permit application
10. BIMC 16.12.380 (C)(1) states' Uses classified as conditional uses may be authorized;
provided, that the applicant can demonstrate all of the following:
b. The proposed use will not interfere with the normal public use of the public shoreline.
This application is for a permit to build a swimming pool and spa on a private residential
lot. The swimming pool and spa will be built landward of the NVZ on the property and outside
the shoreline sideyard. The location of a swimming pool will not effect the public's access to the
public shoreline. The in-ground design will have a minimal visual impact on the shoreline when
viewed from Puget 'Sound. Required vegetation screening along the western fence line will screen
the pool from view by users of the public shorelines and the waters of Puget Sound.
11. B IMC 16.12.380 (C)(1) states: Uses classified as conditional uses may be authorize&
provided, that the applicant can demonstrate aH of the following:
... (c) The proposed use of the site and design of the project will be compatible with other
permitted uses within the area.
This swimmin$ pool is proposed as an accessory structure and accessory use to a single-
fanfily residence. The Detricks are members of the Rich Passage Homeowners' Association and
they have submitted their swimming pool and spa application to the Homeowners' Association for
approval. That approval was granted by the Homeowners' Association. The development of this
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single-f~ly lot with a recreational private swimming pool is consistent with the uses allowed in
the R-2 zone. Many of the lots in this plat have been developed with large single-family
residences. The swimming pool is designed as an in-ground pool which will not diminish the
views currently available from adjacent lots. Security fencing will restrict access to the pool area,
helping to ensure public health and safety by preventing use by uninvited guests. The equipment
used to operate the pool will produce a minimum amoum of noise and should not disturb adjacent
property users. Pool lighting will be screened from adjacent property by vegetation planted along
the north and west fence lines.
12. BIMC 16.12.380 (C)(1) states: Uses classified as conditional uses may be authorize&
provided, that the applicant can demonstrate all of the following:
... (d) The proposed use will cause no unreasonably adverse effects to the shoreline environment
designation in which it is located
The Detrick property has been designated as a Semi-Rural Shoreline Environment. The
Semi-Rural Shoreline Environment accommodates low to medium density residential
developmem, low to medium intensity recreational development, passive recreation and open
space. The swimming pool project proposed by the property owner is an appropriate accessory
use to their single family residential use. The swimming pool will be located east of the NVZ set
aside on the property. In addition, it will be built outside the designated shoreline Sideyard. The
pool will operate with a closed loop water circulation system. Once the pool is rifled, the water
will recirculate continuously through the pool. The pool water will not be discharged into the
stormwater or sewage systems, except for incidental spillage which will be channeled into the
stormwater system. A stormwater drainage plan will be submitted by the property owner
detailing additions to the existing systems which will accommodate incidental spillover and
increased stormwater mn-off related to the pool installation. There should be no adverse impacts
to the natural shoreline environment on this lot. The minimal visual impact from the pool will be
screened by vegetation planted along the north and west fence lines, by the garage and by
the residence. Noise generated by the pool operating equipment will be minimal and should not
disturb adjacem property owners. Light from underwater pool lighting will be screened by the
enhanced vegetation screening along the fence line. The excavation for the pool will require
removal of most of the sod in the yard to the north of the house. After installation of the pool and
spa, this grassy area will be replanted around the newly installed features. The proposed use of
this portion of the property for a recreational swimming pool and spa will cause no unreasonably
adverse effects to the Semi-Rural Shoreline Environment in which it is located.
13. BIMC 16.12.380 (C)(1) states' Uses classified as conditional uses may be authorized;
provided, that the applicant can 'demonstrate all of the following:
... (e) The public interest suffers no detrimental effect.
The installation of a private swimming for single-family use will have no substantial
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d~memal effect on the public interest. The P°ol will be locat~ within a locked fenced area to
limit access. Perimeter plantings will screen the yard from view from adjacent properties and -
from the Puget Sound. shoreline. The Homeowners' Association for the Rich Passage Olympic
Moumain View Plat has approved the installation of the swimming pool, finding it compatible
with other neighborhood uses. The installation of a .private swimming pool on this lot will not
effect the public access to the public shoreline. The swimming pool will not be visible from the
public fight-of-way. The public interest will suffer no substantial detrimental effect by the
approval of this application for a Conditional Use Permit to install a private swimming pool and
spa on the Detrick property.
14. BIMC 16.12.380 (cx1) states: Uses classified as conditional uses may be authorize&
proVided, that the applicant can demonstrate all of the following:
· ..~ The proposed use is consistent with the provisions of the zoning ordinance and the
comprehensive plan.
The Detrick property has a zoning designation of R-2 allowing two units per acre of
density, and a Comprehensive Plan designation of OSR-2 (Open Space Residential). Single-
family residemial use is a permitted use in the R-2 zone and accessory uses which support that
single-family use are also permitted under BIMC 18.30. This application complies with the
requirements of the SIMP for building within the shoreline jurisdiction. The goals and policies of
the Comprehensive Plan are supported by the development of this lot for single-family use. The
OSR-2 designation recognizes the development pattern in this neighborhood which has been
platted for single-family residential use. The Comprehensive Plan goals and Policies which
promote environmental protection are supported by this application, since the swimming pool site
selection locates the pool outside environmentally sensitive areas on the lot.
15. This application for installation of a private swimming pool and spa can meet the
requirements for a Shoreline Conditional Use Permit provided certain conditions are attached to
that approval to ensure its compliance with the SIMP. Those required conditions are as follows:
S~A Conditions-
1. Prior to any-clearing, grading or building activities, a Temporary Erosion
and Sedimentation Control Plan shall be reviewed and approved by the City
Engineer.
2. An engineered storm water drainage plan may be required dependent upon
the amount of impervious surfaces created with the construction of the
swimming pool and decking. At building permit submittal, the applicant
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Ted & Jayni Det~ck Page -7- City of Bainbridge Island
shall submit a site plan showing the amount of existing impervious surfaces
and proposed impervious surfaces on the site. The storm water drainage plan
will require approval by the City Engineer prior to building permit issuance.
3. A special erosion control plan shall be submitted and approved by the City
Engineer prior to any clearing and grading proposed outside of the dry
season, April I to October 1. The plan shah specifically identify methods of
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erosnon control for wet weather conditions.
4. At building permit submittal, the applicant shall provide drawings from a
licensed surveyor to ensure that the swimming pool location is not within the
fifty-foot Native Vegetation Zone (NVZ). Native Vegetation Zone means a
required vegetation buffer measured horizontally upland from and
perpendicular to the ordinary high water mark (OHWM). BEVIC
16.12.030.117. Once the NVZ has been established by survey, silt fencing
shall be installed to protect the NVZ from disturbance during construction.
Prior to building permit issuance, a site visit shah occur to ensure proper
placement of the required silt fencing.
5. Complete storm water drainage plans designed in accordance with the
Washington State Department of Ecology Technical Manual shall be
submitted and approved by the City Engineer prior.to building permit
issuance.
6. The swimming pool plumbing shah be configured so that the swimming pool
water shall not be transported into the Puget Sound. In addition, if the pool
requires draining, water levels reduced, chlorinated water from the
swimming pool shall not enter the Puget Sound by siphoning, overflow, or
other means.
7. Permittee is required to stop work and immediately notify the Department of
Planning and Community Development and the Washington State Or, ce of
Archaeology and Historic Preservation if any historical or archaeological
artifacts are uncovered during excavation or construction.
8. Extreme care shall be taken to prevent any petroleum products, chemicals, or
other toxic or deleterious materials from entering the water. If a spill does
occur, or if an oil sheen or distressed or dying fish are observed in the project
vicinity, work shah cease immediately and the Department of Ecology (DOE)
shall be notified of such conditions. Contact DOE's Northwest Regional Spill
Response Section at (206) 649-7000.
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9. Any disturbance of vegetation within the 50-foot NVZ will require replanting
consistent with the Shoreline Master Program Native Vegetation Zone
requirements. After any disturbance to the vegetation in this area, a
replanting plan shall be submitted by the applicant 'for approval by the
Director before replanting.
10. AH construction debris shall be disposed of at an approved upland site.
11. A City of Bainbridge Island building permit is required prior to construction.
12. Construction noise shall be controlled by the following measures; confining
construction activities to the hours between 7:00 am and 6:00 p.m., Monday
through Friday, 9:00 a.m. and ~:00 p.m. on Saturday, no work on Sunday.
BI?dC 16.16
Non-SEPA Conditions:
13. The building permit shall substantiah~y conform to the site plan stamped June
26, 2002 and the survey required by Condition 4. The survey shall accurately
measure the boundaries of the NVZ and shoreline sideyards on the Derrick lot.
14. To minimize erosion, the area around the pool shall be replanted and restored
to existing conditions as soon as construction is completed.
15. Permanent fencing shall be installed around the pool area to limit access. A
locking mechanism shall be install~ on all access gates to the pool area and
shall be kept locked at aH times to limit access to the pool area. The fencing
shall be a minimum of 4-feet in height and shall not include any decorative
design work which renders the fencing easily climbable. The fencing shah be
designed to prevent access by young children without adult supervision.
16. The approval of this site plan is limited to approval of the installation of an in
ground swimming pool which measures 14 feet 3 inches by 32 feet 10 inches,
the installation of pool operation equipment on the property and the
installation of an in ground spa which measures 8-feet in diameter. No
additional buildings are authorized by this SCUP.
17. No additional impervious surfaces will be added to this lot, other than the
swimming pool and spa. The area surrounding the swimming pool and spa
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shall be replanted with grass and other shrubbery after installation is
complete.
18. To minimize visual impacts from the pool and spa, enhanced vegetation
screening shall be planted along the north and west fence line to provide visual
screening for adjacent properties and from the Puget Sound shoreline. Prior
to planting, a vegetation plan shall be submitted to DPCD for approval prior
to building permit issuance. The vegetation screening must be sufficiently
dense to screen the pool from view from adjacent properties both during the
daylight hours and in the evening hours when underwater pool lighting may
be utilized. Enhanced vegetation planted along the~ fence lines shall be selected
to be compatible with the Semi-Rural Shoreline Environment in which this
home is located.
DECISION
This application for a Shoreline Conditional Use Permit for the installation of an in-ground
swimming pool and spa on property located at 9341 NE South Beach Drive in the City of
Bainbridge Island is granted subject to the conditions of approval listed in Conclusion of Law 15
above.
Dated this 30~ day of October, 2002
Robin Thomas Baker
Hearing Examiner Pro Tem
APPEAL
This decision is final unless the Hearing Examiner's decision is appealed to 'the City Council in
acoordance with BIMC 2.16.140. After a final decision is made by the City, the decision shall be
forwarded to the Washington State Department of Ecology for decision.
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