LANE SSDE04-07-00-1Y CLERK
CITY OF BAINBRIDGE ISLAND ~N 12'01 ~H 9:52
OFFICE OF THE HEARING EXAMINER
APPEAL OF ADMINISTRATIVE )
DECISION PARTIALLY )
APPROVFNG A SHORELINE )
LETTER OF EXEMPTION REQUEST )
APPELLANT: ROBERT LANE. )
)
SSDE04~07-00-1
FINDINGS OF FACT
CONCLUSIONS OF LAW
AND DECISION
SUMMARY
This application for Shoreline Letter of Exemption sought approval for the removal of a
portion of an existing rock bulkhead which protects the shoreline of the Lane property located on
Port Madison Bay. The Lanes sought permission from the City of Bainbridge Island to eliminate
an "end wall" which presently extends waterward of the Ordinary High Water Mark (OHWM) on
the north end of their bulkhead, The rocks from this end wall extension are to be moved and
placed along the remaining unprotected shoreline 16 ft. to the Lanes' northerly property line. The
City of Bainbridge Island has given the Lanes a partial approval of their request. The approval
letter allows the removal of the end wall and a softening of the bulkhead profile along the
shoreline within its existing footprint. The extension of the bulkhead along the remaining 16 ft. of
shoreline has been denied. The Lanes have appealed that denial.
FINDINGS OF FACT
I Robert and Terri Lane are the legal owners of residential property located at 15660 Euclid
Avenue, NE, in the City of Bainbridge Island. Their residential parcel is identified by Tax
Assessor No. 4167-000-019-0000.
2 An application for Shoreline Letter of Exemption was filed by the Lanes on April 7, 2000,
This application sought approval to modify an existing rock bulkhead and to extend that rock
bulkhead an additional 16 It. to the northerly property line of the Lanes' residential lot.
3 After reviewing the application, the Director of the Department of Planning and
Community Development issued a Shoreline Letter of Exemption approving only a portion of the
project proposed by the Lanes. The City allowed the removal of the end wall on the northerly end
of a rock bulkhead and the reconfiguration of the bulkhead within the existing footprint.
However, the extension of that rock bulkhead an additional 16 ft. to the north property line was
denied,
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square footage of the beach on the Lanes' property would remain the same. Mr. Theisfeld stated
that with the applicants' assurance that there would be no excavation of the bank and that there
would be a replacement of beach sediment at this location, the WSDFW would have no objection
to this project.
10. This application was filed as a joint application with two adjoining property owners. It
was the Lanes' intention to assist their neighbors in protecting shoreline which had begun to
slump due to erosion caused by the end wall effect of the Lane bulkhead. This application was
filed to remedy that problem, as well as to protect the soft bank protection being installed on the
Biggers' shoreline. The softening of the profile of the Lane bulkhead will eliminate that end wall
effect and will dissipate wave action out into Port Madison Bay. The end wall effect from the
Lane bulkhead is also causing a scouring of the toe of the bank which remains unprotected on the
northerly most 16 fi. of the Lane property. Mr. Sibbett testified that this scouting at the toe of the
bank will ultimately cause the bank to slump. Similar slumping has occurred on the adjacent
Biggers property 30 ft. to the north. The SMP Section VI, C, Regulations, General(3), requires
evidence of professional design if there are uncertainties: (1) about the potential effect of a
proposed structure on adjacent property~ (2) where there is inadequate data on local geophysical
conditions, such as the impact on the geologically hazardous slope located on this portion of the
Lane property, and (3) an assessment of the adverse effects on the beach seaward of the
structure This record contains inadequate information to determine the potential effect of this
project on the neighbors' shoreline protection; inadequate identification of the OHWM, so that
the location of the rock bulkhead can be determined; uncertainties as to the impacts, if any, on the
shoreline steep slope~ and, inadequate information about possible adverse impacts to the natural
beach, seaward of the proposed rock bulkhead.
11. The SMP Section VI, C, Policies, (5), states "neighboring property owners should be
encouraged to coordinate planning and development of revetments or other solutions, for an
entire sector to avoid erosion of down-draft properties." The applicants are to be commended for
joining with their neighbors in supporting the policies of the SMP, however, that program requires
more design speci~city and evaluation of alternative solutions in an application for shoreline
armoring
12. The Lane project is somewhat unique in that the size of the rocks already in place in the
end wall of the bulkhead makes it somewhat infeasible to remove the rocks from the site. In order
to gain the benefits of the removal of the end wall, both for the Lanes' property and for the
Biggets' property, a loss of upper intertidal beach habitat would necessarily occur. Without the
removal of the end wall from the Lane bulkhead, the shoreline protection measures being taken by
the Biggets will not be as effective. Slumping has already occurred on the Biggets' property and
the Lane end wall bulkhead is suspected to be a contributing cause of the erosion on the toe of the
slope Facts provided in this application appear to support the need for additional shoreline
protection and an elimination of the end wall. The application does not provide sufficient
information to determine what type of protection would be appropriate at this site.
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possible impacts to the shoreline from this new shoreline stabilization feature has not been
provided in the application. A determination of adequate mitigation for unavoidable impacts
requires this information from the applicant.
7. In reviewing an Administrative Decision by the Director of Planning and Community
Development, the Hearing Examiner must give substantial weight to the interpretations and
decisions made by the Director (BIMC 2.16.130.F(2)). A review of this application file shows a
detailed review by the Planning StafE The partial approval of the application properly separates
an application for repair of the bulkhead from an application for extension of the bulkhead. The
Director has properly determined that the application is too incomplete to evaluate the request for
extension of the bulkhead along the shoreline.
DECISION
The Administrative Decision of the Director of the Department of Planning and
Community Development approving a Shoreline Letter of Exemption request for repair of an
existing shoreline protective feature on property owned by Robert Lane is affirmed.
The Director' s decision to deny the application for extension of the rock bulkhead on the
Lane shoreline an additional 16 feet north to the property line is affirmed. The appeal is denied.
Dated this 12th day of January, 2001,
Robin Thomas Baker
Hearing Examiner Pro Tem
APPEAL
The Decision of the Hearing Examiner shall be final unless within 21 days after issuance of this
Decision a person with standing appeals the Decision in accordance with the provisions of
Chapter 36.70 RCW.
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