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HARVEY ROAD PROPERTY OWNERSDECISION OF THE HEARING EXAMINER CITY OF BAINBRIDGE ISLAND In the Matter of the Application of HARVEY ROAD PROPERTY OWNERS by Sealevel Bulkhead Builders SCUP 13376 for Shoreline Conditional Use Permit to Construct New Rock Bulkhead Introduction The Applicants seek a Shoreline Conditional Use Permit for construction of a new rock bulkhead within the shoreline semi-rural environment. The Hearing Examiner held public hearing on this matter on May 18, 2006. Parties represented at the hearing were the Director, Planning and Community Development Department (Department or PCD), by Joshua Machen, Senior Planner, and the Applicants Lee Stollar, Paul Greenwalt, Pat Miller, Steven Sadowsky, and Mark Vrieling, by Jennifer Powell of Sealevel Bulkhead Builders, Inc. After due consideration of all the evidence in the record, the following shall constitute the findings of fact, conclusions of law, and decision of the Hearing Examiner on this application. Findings Site I. The project site, comprised of five contiguous parcels on Harvey Road NE, is located in northwest Bainbridge Island overlooking Agate Passage, south of the Agate Pass Bridge. The subject site ("site" herein refers to all five contiguous parcels) is bounded on the east by Harvey Road, the tidelands of Agate Pass on the west, and similar residential properties to the north and south. [Staff Report, Exhibit 31; Application, Exhibit 14] J The City's Shoreline Master Program (SMP) designates the upland as Semi-Rural and the zoning is R-2, residential with two units per acre. The Comprehensive Plan designation is OSR-2, Open Space Residential, two units per acre. Other properties in the vicinity are similarly designated. [Staff Report, Exhibit 31] SCUPI3376 Page I of II