RODAL, HELEN M.
CITY OF BAINBRIDGE ISLAND
OFFICE OF THE HEARING ~Il" /,:.t~,>.:;:: .<-
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APPLICATION FOR SHORELINE
CONDITIONAL USE PERMIT
APPLICANT: HELEN M. RODAL
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SCvPI0983
FINDINGS OF FACT
CONCLUSIONS OF LAW
AND DECISION
..1
FINDINGS OF FACT
1. Helen M. Rodal is the legal owner of property located at 576 Stetson Place SW,
Bainbridge Island, Washington. A new single-family residence has been constructed on the
property which is identified by Tax Parcel # 342502-1-065-2005. The legal description for the
property is attached to this decision as Attachment A.
2. The Rodal property is a single-family residential lot located along the Eagle Harbor
shoreline. The residence has been built within 200-feet of the natural shoreline and is within the
Shoreline Master Program (SMP) jurisdiction.
3. Plans for a new single-family residence on this parcel were submitted by John Rudolph,
Architect, in June 2002. Included in those plans was a design for an accessory dwelling unit in the
basement area of the home. A building permit was issued for the single-family residence and
construction has begun. During City inspections it was discovered that the City had failed to
require a separate Shoreline Conditional Use Permit (SCUP) for the accessory dwelling unit
(ADD) planned in the residence. This application for SCUP was then filed by Mr. Rudolph.
4. A landscaping plan has been submitted for the site [EXHIBIT 27J. The landscaping plan
has been approved by the Department of Planning and Community Development (OpeD). The
landscape will be enhanced between the newly constructed home and the shoreline. Disturbed
areas along the shoreline will be revegetated with native vegetation. New vegetation will also be
planted around the residence and designated parking areas.
5. The single-family residence is being built with an attached garage. Additional parking has
been designated in front of the residence to allow three more designated parking spaces for
residents of the home and ADU. The parking has been located behind the structure away from
the shoreline. [EXHIBIT 19.J
6. The ADU has been built as an integral part ofa single-family residence constructed on the
site. The ADU has been designed as a separate living area from the residential unit. Access to the
SCUPI0983
Helen M.. Rodal
Page -1-
Hearing Examiner
City of Bainbridge Island
ADD will be from exterior doors only. No additional building permit is required for the ADU.
7. The property has been zoned R-4.3 and has a Comprehensive Plan designation of Urban
Residential. BIMC 18.21.020 allows accessory dwelling units as permitted uses in the R-4.3
zone. BIMC 16. 12.260(B)(12) allows accessory dwelling units as conditional uses on lots
abutting the shoreline. This residence is located in a semi-rural shoreline environment which
accommodates low to medium density residential development, low to medium intensity
recreational development, passive recreation and open space. The use of this property for a
single-family residence with an ADD is consistent with the policies of the Bainbridge Island
Comprehensive Plan and the Zoning Ordinance. The home is located in a densely populated area
of the city near downtown Winslow.
8. A SEPA Determination of Non significance (DNS) was issued on September 4, 2002. No
appeals of the DNS were filed and that DNS is now final.
9. This residential building site is a low bank waterfront site and has a relatively flat
topography. The residence and the ADU are set back more than 70-feet from the Ordinary High
Water Mark (OHWM) on the shoreline. No shoreline armoring will be required for this building
project.
10. Vehicular access to the site is from Stetson Place, a city street northeast of the parcel.
Access to Stetson Place from the residence will be by private easement road.
11. Public utilities are available for this single-family residence and ADU. Water and sewer
service will be provided by the City of Bainbridge Island. A storm water drainage plan was
approved by the Department of Public Works as a part of their building permit review for a
single-family residence.
12. Public services will be provided to this ADU by the Bainbridge Island Police Department,
the Bainbridge Island Fire District and the Bainbridge Island School District.
13. This ADD will be located in an area which has been developed with single-family
residences. Properties immediately to the north and east have been developed with single-family
residences. The shoreline of Eagle Harbor which lies both to the west and the south of the
residence.
14. The DPeD has recommended a condition of approval for this SCUP which requires the
property owner to notify the Department of any historical or archeological artifacts uncovered
during excavation or construction of the residence. This condition meets the requirements of the
SMP for archeological and historical resources.
15. Clearing, grading and water quality protection issues were addressed during building
SCUPI0983
Helen M.. Rodal
Page -2-
Hearing Examiner
City of Bainbridge Island
pennit review. No additional clearing or grading will be necessary for the ADU. The ADD has
been constructed as an integral part of the primary residential building. Some disturbance of the
native vegetation zone occurred during construction activities on the site. The disturbed area will
be replanted in accordance with the landscape plan submitted by the applicant on September 25,
2002.
16. Adverse environmental impacts from construction activities have been minimized through
temporary erosion control measures and stormwater drainage systems installed during the
construction of the single-family residence. After the replanting of the native vegetation zone,
there should be no adverse environmental impact to the shoreline from the use of this ADD.
17. This ADD is included in the single-family residence already permitted on the site. The
ADD will not diminish any visual or physical public access along the shoreline. Visual access to
the shoreline from adjoining residences will not be affected by this ADU. The use of this property
for a single-family residence with an ADU is consistent with the SMP and the policies adopted for
a semi-rural shoreline environment. The required 50-foot native vegetation zone is being
maintained on the property.
18. On November 14th, 2002, a Public Hearing was held before the Hearing Examiner to
co.sider the application. Prior to the hearing, notice was published in the Bainbridge Review on
October 26, 2002, notice of the public hearing was mailed to the owners of property within 300
feet of the proposed project on October 18, 2002 and notices were posted at the City Hall, the
Chamber of Commerce, and the Ferry Terminal on October, 2002 notice was posted at the
subject property on October 25,2002 [EXHIBIT 24J.
CONCLUSIONS OF LAW
1. This application for Shoreline Conditional Use Permit is properly before the Hearing
Examiner in accordance with BIMC 16. 12.380(C)( 4). The SEP A DNS was issued by the City in
compliance with the requirements ofW AC 197-11-880(6)(a) and BIMC 16.12. The SEPA DNS
is final.
2. An ADD in a single-family residence located within 200-feet of the shoreline requires a
SCUP (BIMe 16. 12.260(B)(12).
3. Uses classified as conditional uses may be authorized along the shoreline provided the
applicant can demonstrate compliance with all the requirements ofBIMC, 16. 12.380(C)(1)(a)
through (f).
BIMC 16.12.380(C)(I)(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.
This application is consistent with state's shoreline policies and with the Bainbridge Island
SCUP 10983
Helen M.. Rodal
Page -3-
Hearing Examiner
CityofBmnbridgeI~and
Shoreline Master Program. The ADU has been located within a single-family residence located
on the property. The residence and the ADU have been constructed outside the native vegetation
zone required along the shoreline. The native vegetation zone will be enhanced by additional
native plantings after completion of construction of the residence. Parking has been provided at
the rear of the residence away from the shoreline as required by the SMP. Environmental
protective measures have been required of the property owner through temporary sediment and
erosion control plans and a storm water drainage plan. The addition of an ADU to this single-
family residence will not impact the views of adjoining property owners. Visual access to the
shoreline will be available across this shoreline lot. Single-family residential units with accessory
dwelling units are allowed in this shoreline zone. Residential development is consistent with the
uses made of adjacent property. The addition of an accessory dwelling unit on this lot is a use
compatible with adjoining residential uses. Adequate parking has been designated on the site.
4. BIMC 16.12.380(C)(1)(b): The proposed use will not interfere with the normal public use
of the public shorelines.
This ADU is built in a single-family residence which has been constructed more than 70-
feet back from the Eagle Harbor shoreline. The public use of the public shoreline will not be
affected by this ADU. The native vegetation zone required along the shoreline will be enhanced
as a part of this construction project.
5. BIMC 16.12.380(C)(I)(c): The proposed use of the site and design of the project will be
co.patible with other permitted uses in the area.
All properties surrounding this parcel have been developed with single-family residences.
Some residences in the near vicinity have been allowed ADU's. The construction of this home
with an ADU in the basement area will be compatible with uses being made of other properties in
the neighborhood. City sewer service will be available to the residence and the ADU which will
help ensure shoreline protection.
6. BIMC 16.12.380(C)(I)(d): The proposed use will cause no unreasonably adverse effects
to the shoreline environment designation in which it is located
This ADU will be located in a residence built more than 70-feet back from the Eagle
Harbor shoreline. No additional shoreline arrnoring will be required for the construction of this
residential property. The residence and ADD will be serviced by City of Bainbridge Island sewer
system which will protect the shoreline from environmental pollutants. A stormwater drainage
plan was required by the Department of Public Works as a part of the building permit issued for
the residence. The native vegetation zone on the property has been partially disturbed during
construction. A landscape plan has been submitted and approved by the DPeD. The landscape
planting will be completed prior to final inspection of the ADD. The proposed use should cause
no unreasonably adverse effects to the shoreline environment in which it is located.
SCUPI0983
Helm M.. Rodal
Page -4-
Hearing Examiner
City of Bainbridge Island
7. BIMC 16.12.380(CX1)(e): The public interest suffers no substantial detrimental effect
(WAC 173-14-140(1) or its successor.)
The public interest will suffer no substantial detrimental effect by the granting of this
SCUP for an ADU in a single-family residence. The use of this property for residential
development is consistent with the goals and policies of the Comprehensive Plan and the SMP.
The development of this property for single-family residential use is permitted in the R-4.3 zone
delignated for this property.
8. BIMC 16.12.380(C)(IXf): The proposed use is consistent with the provisions o/the
zolling ordinance and the Comprehensive Plan.
The use of this property for residential development is consistent with the goals and
policies of the Comprehensive Plan and the SMP. The development of this property for single-
family residential use is permitted in the R-4.3 zone designated for this property. The parcel is
located near the City's downtown core in a densely developed residential neighborhood.
9. This application meets all the decision criteria for a SCUP as outlined in BIMC 16.12.380
and should be granted.
10. No additional building permit is required for the ADU, however, school impact fees will
be assessed.
11. The following conditions must be attached to this application for SCUP to ensure
compliance with the SMP and the Zoning Ordinance:
1. The accessory dwelling unit constructed in the single-family residence shall
measure no more than 800 square feet in size.
2. Prior to the final inspection of the ADU, the applicant shall complete the
replanting of the native vegetation zone following the approved replanting
plan date stamped September 25, 2002 and approved by the Planning
Department on October 3, 2002. The ADU shall not be occupied until the
replanting has been completed.
3. All contractors are required to stop work and immediately notify the
DPCD and the Washington State Office of Archeology and Historic
Preservation it: during activities at the site, any historical or archeological
artifacts are uncovered.
4. The applicant must pay an additional school impact fees assessment to the
SCUPI0983
HeI. M.. Rodal
Page -5-
Hearing Examiner
City of Bainbridge Island
City of Bainbridge Island prior to issuance of this SCUP.
DECISION
The application for SCUP to build an 800 square foot accessory dwelling unit in a single-
family residence located at 576. Stetson Place in the City of Bainbridge Island is hereby approved
subject to the conditions listed in Conclusion of Law 11 above.
Dated this 4th day ofFebmary, 2003.
~~~
Robin Thomas Baker
Heariag Examiner Pro Tern
APPEAL
This Decision is final unless appealed to the City Council within 21 calendar days of the
date of the Decision (BIMC 16. 12. 380(C)(4)(e)).
SCUPI0983
Helen M.. Rodal
Page -6-
Hearing Examiner
City of Bainbridge Island
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