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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 Mclntyre Page - 1 - 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 RUE02-13-01 - 1 Melntyre Page -2- Hearing Examiner City of Bainbridge Island