SOUTH BEACH CONDOS ORDER DISMISSING APPEALi
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BEFORE THE CITY OF BAINBR~GE ISLAND
g HEARING EXAMINER
g SOUTH BEACH CONDO OWNERS }
ASSOCIATION, } No. SSDP X4733
10 A ellant }
pp }
STIPULATION AND ORDER
11 v' } STRING HEARING AND
CITY OF B.AINBRIDGE I L }DISMISSING APPEAL BASED UPON
S AND, acting
12 throw its Director of the De arbment of } ISSUANCE OF ADMnUISTRATNE
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Communi Develo ment } DECISION OF APPROVAL OF
tY p
13 }REVISED BULKHEAD DESIGN
- , _ _ _ ,_,_.,_ Respondent. }
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RECYTALS
IS
1.1 On January 16, 2005, Appellant South Beach Condo Owners Association
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17 submitted "under protest" an application for a shoreline substantial development permit
1 g SSDP} to construct a 250-foot rock protective bulkhead in front of a building located at
19 9551 South Beach Drive, Bainbridge bland, Tax Parcel No. $137-D00-000-0009.
20 1 ~.2 On Se tember 25 2DOS the De ut Director of the Ci of Bainbrid e
P ~ p Y tY g
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Island Department of Planning and Community Development issued an administrative
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decision ~ 1 }denying the South Breach Condo Owners Association's request for a shoreline
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substantial development permit exemption ~SSDE}, ~2} deternaining that a SSDP is
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25 required for the proposal and ~3}denying the Appellant's SSDP for the proposed prof ect.
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STIPULATION AND ORDER OF DISMISSAL- 1 ~ DENNIS D. REYNOLDS LAW QFFICE
200 Winslow Way West, Suite 380
$3818-1 Bainbridge ~Sland, WA ~$~ 10
(246} 780-6777
(2~F~ 7R(1-FRfi5 (Facsimi~el
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1.3 A timely appeal was filed by Appellant on Gctober 8, 2445. Thereafter,
Appellant and the City entered into discussions regarding a revised design for the bank
stabilization project and set over a hearing scheduled for December 15, 2005 to February
20, 2009, and then to May 29, 2409, to allow sufficient time to discuss possible alternative
designs.
1.4 This stipulation is based upon the agreement dated April 6, 2009 of the City
approving an amended design for a protective bank stabilization proj ect for Appellant's
property, File No. SSDP 14733B, and Appellant's decision to accept that approval and
waive its position that a shoreline exemption is the correct form of approval.
STIPULATION
2.1 The City agrees that Appellants may construct a 254-foot "mixed" shoreline
stabilization project as set out in its approval dated April 6, 2009, File No. SSDP 14733B,
with the proj ect mitigation imposed by the City.
2.2 Appellant does not contest and voluntary agrees tv implement and follow
the mitigation set out in the City's April 6, 2009 approval, File No. SSDP 1433B.
2.3 The parties respectfully request that the Hearing Examiner strike the hearing
scheduled for Friday, May 29, 2009, and that the Examiner enter an order of dismissal in
the form set out herein.
SG AGREED this ~~: day of April, 2009.
DENN~S D. REYNGLD S LAS DFF~CE
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Dennis D. Reynolds, WSBA #04762
Attorneys for Appellant South Beach
Condos Owners Association
STIPULATIGN AND ORDER GF D7SM~SSAL- 2
83818-1
INSLEE BEST D~EZIE & RYDER, PS
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Rod P. Kaseguma, SBA #66 2
Attorneys for Respondent City
of Bainbridge Island
DENNIS D. REYNOLDS LAW QF~'ICE
200 Winslow Way West, Suite 380
Bainbridge ~Sland, WA 98 ] 10
(206} 780-6777
(246} 780-6865 Facsimile}
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AGREED URDER STRIKING HEARING
Based upon the foregoing stipulation of the parties, the hearing in this matter
currently set for May 29, 2009 is hereby STRZCI~EN and this appeal is D~SM~SSED With
prejudice subj ect to the terms and conditions of the parties Stipulation and the City's
approval issued in File No. SSDP 14733B.
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DONE this day of ril, 2009.
CITY OF BAINBRIDGE ISLAND
Margaret Klockars
Hearing Examiner Pro Tem
Presented bv:
DENNIS D. REYNOLDS LAW OFFICE
cX
Dennis D. Reynolds, WSBA #04762
Attorneys for Appellant South Beach
Condos OWners Association
Approved as to Form;
Notice of Presentation Waived:
1NSLEE BEST DOEZIE & RYDER, PS
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Rod P. Kaseguma, SBA #6 22
Attorneys for Respondent City of Bainbridge Island
STIPULAT70N AND ORDER OF DZSM~SSAL- 3
83818-1
D~rrNis D. RE~vOLDS LAw OFFrCE
Z00 Winslow Way West, Suite 380
Bainbridge Island, WA 98110
(206} 780-6777
(206} 7$0-4865 (Facsimile}