EASTMAN BLA10-12-98-1
1. Joshua Machen, Planner, City of Bainbridge Island
At the hearing the following individuals were present:
Testimony:
A public hearing was held before the Hearing Examiner Pro Tern on March 19, 1999.
Hearing Date:
William and Linda Eastman and Eugene and Lori Seligmann have appealed the Planning
Director's administrative decision denying their application for a boundary line
adjustment. The appellants jointly own a parcel of property on Ollallie Lane in the City.
The appellants had requested the City to allow a Boundary Line Adjustment dividing this
commonly owned lot so that portions of the lot would be included in adjoining properties
owned by each of them. The Planning Director denied the application because the lot line
as proposed would be placed within 3.9 feet of an existing structure on the newly created
Seligmann lot. The Planning Director found that the side yard requirements for lots in the
R.l zone require a minimum side yard of 10 feet. The appellants contend that the side
yard requirements ofBlMC 18.33 are not included in the decision criteria for a boundary
line adjustment (BIMC 17.20.040) and therefore the Director improperly denied their
application for Boundary Line Adjustment. Appellants ask that the Director's decision be
reversed and an order granting the application be issued.
Appeal:
SUMMARY OF THE RECORD
The application for boundary line adjustment was properly denied. The appeal is denied.
SUMMARY OF DECISION
BLA 10.12.98.1
FINDINGS OF FACT, CONCLUSIONS
OF LAW AND DECISION
William A. Eastman III & . )
Linda D. Eastman, Husband and Wife)
and Eugene Seligmann and Lori )
Seligmann, Husband and Wife )
)
Aoolicants/ Aooellants)
Ht.tIH.1l
APR , 9 1999
HHUll~t
In the Matter of an Appeal of an )
Administrative Denial of an )
Application for Boundary Line )
Adjustment )
CITY OF BAINBRIDGE ISLAND
DEPARTMENT OF HEARING EXAMINER
+'I-e'
2. George W. Nickum, Jr., Attorney for appellants Eastman and Seligmann
3. William and Linda Eastman and their young son.
4. Jacque 0 'Donnell, Hearing Examiner Assistant
EXHIBITS
The following exhibits were submitted and admitted as a part of the record for the public
hearing.
1. Notice of Hearing
2. Interoffice memorandum of Appeal
3. Appeal of Denial ofBLA form
4. Notice of Appeal, dated 1/12/99
5. Staff Report, dated 10/27/98
6. Notice of Administrative Decision, dated 12/30/98
7. Boundary Line Adjustment Application, dated 10/12/98
8. Letter from George Nickum, Jr. dated 07/09/98
9. Letter from George Nickum, Jr. dated 10/12/98
10. Adam & Goldsworthy, Inc. Boundary Line Adjustment, dated 8/26/98
11. Letter from Elizabeth Szombathy & Tom Thompson, dated 2/16/99
12. Inslee, Best, Doezie & Ryder, P.S., City's Memorandum of Law dated
2/17/99
13. File assignment from Planning to George Nickum, Jr., dated 10/16/98
14. Adam & Goldsworthy, Inc. Cover letter
15. Adam & Goldsworthy, Inc. Application Transmittal Letter, dated 9/30/98
16. Land Title Company, Title Search, dated 8/20/98
These additional attachments were provided at the hearing:
17. Adam & Goldsworthy, Inc. Land Survey, dated 9/18/96
18. Appellants Hearing Brief
19. A.D.A. Engineering, dated August 1998
20. Plat map of parcels proposed after BLA
21. 7 photos of shed, land and water
22. Plat map of parcels before proposed BLA
23. Affidavit of Notice for Posting and Mailing
24. Affidavit of Publication
Based upon the view of the site, the exhibits in the file, those submitted at the hearing and
thc testimony and statements made on the record at the public hearing, the Hearing
Examiner now makes and enters the following:
FINDINGS OF FACT
1. William A. Eastman, III and Linda D. Eastman are the owners of certain real
property located in the City of Bainbridge Island legally described as:
The North one. half of lot 6 of the plat of Searle's Garden
Tracts as recorded in Volume 2, Page 73 of plats, records of
Kitsap County, Washington, and situate in Government Lot I,
Section 18, Township 25 North, Range 2 East, W.M., City of
Bainbridge Island, Kitsap County, Washington. Together with
tidelands fronting and abutting thereon. Subject to and
Together with easements, restrictions and reservations of
record.
ASSESSOR'S ACCOUNT NO. 4173.000.006.007
(Exhibit # 10)
2. Eugene D. and Lori E. Seligmann are the legal owners of certain real property
located in the City of Bainbridge Island legally described as:
Lot I of Kitsap County Short Plat No. 1243R recorded under Kitsap
County Auditor's File No. 8308040101 and situate in Government Lot
1, Section 18, Township 25 North, Range 3 East, W.M. City of
Bainbridge Island, Kitsap County, Washington. Together with tidelands
fronting and abutting thereon. Subject to and Together with easements,
restrictions and reservations of record.
ASSESSOR'S ACCOUNT NO. 4173.000.006-0106
(EXHIBIT#IO!
3. William A. Eastman. III and Linda D. Eastman, husband and wife and Eugene D.
and Lori E. Seligmann, husband and wife, are joint owners of certain real property
located in the City of Bainbridge Island legally described as:
Lot 2 of Kitsap County Short Plat No. 1243R recorded under Kitsap
County Auditor's File No. 8308040101 and situate in Government Lot
1, Section 18, Township 25 North. Range 2 East, W.M., City of
Bainbridge Island, Kitsap County, Washington. Together with
tidelands fronting and abutting thereon. Subject to and Together with
easements, restrictions and reservations ofrecord.
ASSESSOR'S ACCOUNT NO. 4173-000-006-0304
(EXHIBIT #10)
4. All three parcels described above are zoned R-l by the City of Bainbridge Island.
(STAFF REPORT)
5. On Oetober 12, 1998, the Eastmans and Seligmanns filed an application for
Boundary Line Adjustment with the Department of Planning and Community
Development of the City of Bainbridge Island.
(STAFF REPORT)
6. A review of the application shows that the appellants have applied for a boundary
line adjustment which would divide between them the parcel, described in
Finding of Fact # 3 above.
(EXHIBIT# 10)
7. The boundary line adjustment if granted would result in the three parcels
described in Findings 1, 2 and 3 being merged into two parcels legally described
as follows:
The North one-half of Lot 6 of the plat of Searle's Garden Tracts as
recorded in Volume 2, Page 73 of plats, reeords of Kitsap County,
Washington, and situate in Government Lot 1, Section 18, Township
25 North, Range 2 East, W.M., City of Bainbridge Island, Kitsap
County, Washington. ALSO that portion of Lot 2 of Kitsap County
Short Plat No. 1243R recorded under Kitsap County Auditor's File NO.
8308040101, situate in said Government Lot 1, and described as
follows: Beginning at the Northeast corner of said Lot 2; Thence South
30.00 feet; Thence West along the most Northerly line of said Short
Plat and its Easterly extension 743.35 feet to the Meander Line as
shown on said Short Plat; Thence along said Meander Line N 23
degrees 41' 00" W 32.76 feet to the North line of said Lot 2; Thence
along said North line, East 756.51 feet to the Point of Beginning.
Together with tideland fronting and abutting thereof. Subject to and
Together wIth easements, restriction and reservations ofrecord.
(EXHIBIT 10, PACE 2, EASTMAN RESULTANT PARCEL A)
Lot 1 of Kitsap County Short Plat No. 1243R recorded under Kitsap
County Auditor's File No, 8308040101 and situate in Government Lot
1, Section 18, Township 25 North, Range 2 East, W,M. City of
Bainbridge Island, Kitsap County. Washington. ALSO that portion of
Lot 2 of said Short Plat No. 1243R, described as follows: Beginning at
the Northeast comer of said Lot 2; Thence South 30,00 feet to the True
Point of Beginning; Thence continuing South 70.00 feet to the
Southeast corner of Said Lot 2; Thence along the Southerly line of said
Lot 2. West 183,21 feet to an angle point in the Southerly line; Thence
N 25 degrees 50'09" W 77,77 feet to an angle point in said Southerly
line; Thence East 217.10 feet to the True Point of Beginning, Together
14 Notice of the Public Hearing on Appeal was posted on the property on February
10,1999. Notice of the Public Hearing was published in the Bainbridge Island
Review on February 10,1999 and February 13, 1999, Notice of the Public
Hearing was posted in the Official Posting place of the City on February 10, 1999
and February 13, 1999, The mailing of Notices was sent as required by
Bainbridge Island Municipal Code.
(EXHIBIT #1,# 23,#24)
13. The Boundary Line Adjustment Application was denied by the Director of
Planning and Community Development on December 21, 1998 and an Appeal of
that administrative deeision was filed on January 12,1999.
12. The appellants Seligmann are unwilling to remove the shed on the property which
encroaches into the side yard set back. The appellants Eastman are unwilling to
adjust the boundary line to the north so that the encroaching shed is no longer in
the required side yard set back.
(APPELLANT'S HEARINC BRJEF)
11. The lots created by this change of boundary line would contain sufficient area and
dimensions to meet the minimum requirements for area, width and depth for a
building site in the R-l Zone where this property is located.
(STAFF REPORT)
10. BIMC 17.20.040 (D) 8 requires that an application for Boundary Line Adjustment
designate the location of all existing structures on all lots involved in the
Boundary Line Adjustment and indicate the distance of all existing structures
from all boundary lines.
9. The side yard requirements for lots in the R-1 Zone are set forth in( BIMC
18.33.060 (B). Side yards shall not be less than 25 feet in total sum with no side
yard less than 10 feet.
8. The proposed boundary line, dividing the jointly owned parcel, is located only 3.9
feet from the north side of a shed and carport built on the eastern end of the newly
configured Seligmann parcel.
(STAFF REPORT)
with tidelands fronting and abutting thereon, Subject to and Together
with easements, restrictions and reservations of record.
(E.lliIBIT 10, PACE 2 SELICMANN RESULTANT PARCEL B)
10. BIMC 17,20 allows the Director to approve or approve with modifications
a Boundary Line Adjustment Application which complies with all
requirements of the BIMC however 17,20.040 does not authorize the
Director to create by a Boundary Line Adjustment a non-conforming side
yard for the new parcel.
9, The Director properly denied the Boundary Line Adjustment Application
filed by the appellants for reason that said application does not comply
with the requirements ofBIMC 18.33.060 (B).
8. BIMC 17,20 requires that an application for Boundary Line Adjustment
comply with all requirements of the Bainbridge Island Municipal Code
and all other laws,
7. The proposed new boundary line, if allowed, would create a parcel. owned
by Eugene and Lori Seligmann, which did not meet the side yard
requirements of the BIMC 18.33.060,
6. The boundary line adjustment as proposed by the appellants would create
two lots which meet the minimum requirements for area, width and depth
for a building site in the R-I Zone where these properties are located,
5. The appellants submitted a completed application for boundary line
adjustment to the City of Bainbridge Island on October 12. 1998.
4. BIMC 18.33 sets forth the requirements for parcels zoned R-l. BIMC
18.33.060 (B) set forth the requirements for side yards for lots zoned R-l.
3, BIMC section 17,20 sets forth the requirements for application and
granting of a boundary line adjustment.
2, Notice of the Public Hearing was legal and adequate and complied with
the provisions ofBIMC 2,16,085,
1. This matter is properly before the Hearing Examiner for Hearing on
Appeal BIMC 2,16.130,
CONCLUSIONS OF LAW
~~~
Robin Thomas Baker
Hearing Examiner Pro Tern
Now therefore based upon the Findings of Fact, Conclusions oflaw entered herein, the
Hearing Examiner now finds that the Director properly denied the appellants'application
for Boundary Line Adjustment (BLA 10-12.98-1) and the appeal is therefore denied.
Dated this ~ day of April, 1999