MCINTRYRE/QUITSLUND RUE02-13-01CITY CLERK
CITY OF BAINBRIDGE ISLAND
OFFICE OF THE HEARING EXAMINER
APPEAL OF AN ADMINISTRATIVE )
DECISION DENYING A REQUEST FOR )
A REASONABLE USE EXCEPTION )
AND SEPA MITIGATED )
DETERMINATION OF )
NONSIGNIFICANCE (MDNS) )
APPELLANTS: JAMES AND LYNN )
MCINTYRE AND JON AND TOBY )
QUITSLUND )
)
RUE02-13-01-1 (PR J0010985)
ORDER DISMISSING
APPEAL OF AN
ADMINISTRATIVE DECISION
DENYING A REQUEST FOR A
REASONABLE USE EXCEPTION
AND A SEPA MDNS
FINDINGS OF FACT
An Administrative Decision and SEPA MDNS were issued by the City on April 8, 2002.
Timely appeals were filed by James and Lynn McInytre (applicants) and Jon and Toby
Quitslund.
After several requested continuances, a public appeal hearing was held on September 12,
2002. At the public hearing, the Hearing Examiner determined that further documentation of
environmental conditions at the site were required for an adequate review of the RUE
application. Mr. McIntyre agreed to submit additional information for review by the City
prior to a new hearing date in December, 2002.
The public hearing was continued on January 7, 2003. After receiving additional testimony
and reviewing new documents submitted by the appellants, the Hearing Examiner ruled that
the SEPA MDNS issued by the City on April 8, 2002 had been based on inadequate
environmental information. The City agreed to withdraw the 2002 MDNS and reissue an
MDNS which considered the new environmental information now available to the City.
4. The City issued a new SEPA MDNS on January 18, 2003. This SEPA MDNS was not
appealed.
On July 22, 2003, the appellants James and Lynn McIntyre and Jon and Toby Quitslund sent
letters withdrawing their appeals of the Administrative Decision allowing wetland buffer
intrusion for driveway construction subject to the SEPA MDNS conditions.
Notice of the public heating was published in the Bainbridge Review on May 15, 2002; 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
RUE02 - 13-01 - 1
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Hearing Examiner
City of Bainbridge Island
Terminal on May 15, 2003; notice was posted at the subject property on May 21, 2003
[EXHIBIT 81.]
CONCLUSIONS OF LAW
This matter is properly before the Heating Examiner for decision under jurisdiction granted in
BIMC 2.16.095 and BIMC 16.04.170 and BIMC 16.20.090. Adequate legal notice was given
for both public hearings on these appeals.
After agreement of all parties, the City withdrew the April 8, 2002 SEPA MDNS and reissued
a new MDNS for this RUE application on January 18, 2003.
The January 18, 2003 SEPA MDNS was not appealed and is now final.
The appellants have withdrawn all appeals of the April 8, 2002 Administrative Decision
allowing construction of a temporary access road, not to exceed 800 square feet of
impervious surface, within the wetland buffer on Lot 8 at 5196 Sullivan Road in Bainbridge
Island. The purpose of this temporary road is to allow further geotechnical exploration for a
house location on the lot. (Exhibits 113 and 114)
A new RUE application and SEPA review will be required before building permits are issued
for any structures on the property.
6. There are no appeal issues remaining to be decided by the Hearing Examiner.
DECISION
All appeals of the Administrative Decision on an Application for Reasonable Use
Exception issued April 8, 2002 are dismissed. The SEPA MDNS issued by the City on April 8,
2002 has been withdrawn. The SEPA MDNS issued by the City on January 18, 2003 is final.
Dated this 15th day of August, 2003
Robin Thomas Baker
Hearing Examiner Pro Tem
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Hearing Examiner
City of Bainbridge Island